Iola Daily Register And Evening News from Iola, Kansas on December 11, 1907 · Page 1
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Iola Daily Register And Evening News from Iola, Kansas · Page 1

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Wednesday, December 11, 1907
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TOL. IX..K*. 46«. irfeoi ^'ir «h siliL BDLPlOn. lOLA. IIHSIS, DECEXBEB 11, IMT^WEDSISDAY ETEXnta 8IZP16B& WAS IT BONA FIDE? MATOB'S HfTESTIOATIO^ IS lUO^ FODfT » G08H0BX GASBt i THE WEATHES. Forecast for Kansas:—Partly clon- dj tonight and Thursday; warmer to- nljsht. ooooooooooooooooo o now IS THE TDKE. 6LYNNS EVIDENCE IMPQirrANT THE CASE IS SOW A FIGl^t *0 THE FCOSH. Witness Testified That Xayor Sa^ He Wonid >'ot Appoint Man ^Ylo OpposeJL. litra. When the case of J. n. Goshorn vs. the city came up this morning in dl8> tric(;Court ,it became apparenf tffe Outre that the action was'vto be fMgltd <M. on Its merits. Mr.- Ooahorn.' It will be remembered, is asking the court, on a writ of mandamus, to compel the mayor and council to appoint lilm to Ifae office of city attorney, under the old soldier preference law. Mr. Costa- orn applied for the position but Mr. Robinson turned U^e application^ down at the same time aiing with tb^ city clerk a written statement to thK'cffect that he had Investigated the aMeilca- tioo and found Mr. Goshorn aa.JnnQt man for the place. Mr. Gooliani. at once brooght mandamus procff ^gajof to secure the place. The case. hyi been dragging along ever sincdl'i Recently the supreme court handed, down a decision in a similar case, in:which it belli that the power of determining the qualifications of the applicant rested solely with the appointing power, provided that the investigation was in good faith. Under this decision it is up to Mr. Goshorn to prove that the investigation of his application w^s not in good-.faith'if >het ojbtalns Uie office.'.; •.. ; - .1 As the case proceeded this morning it became apparent at once tliat Mr. Goshorn would attempt to prove this. The first witness whose testimony bore directly on the vital point In the case was that of Dr. G. C. Glynn, coun cllnan from the First ward. Dr. Glynn was questioned as to a meeting of the democratic members of the present council and the mayor in the offices of what was then Oyler &, Barnes, but now Mr. Oyler, at which the matter of the applicants for appointive offices was discussed. This meeting was held only a night or two t>efore the new council went into ofr flee ami hafote Tfir. pesljorn formal application. Speaking with reference to Mr. Oyler being appointed city attorney, witness said Mr. Rol>- inson stated at the meeting that be would not appoint any one to the office who had fought him. He testified however, that Mr. Goshorn- yfas not referred to during this conversation as a man who had fought the mayor's election. In answer to a question as to his political relations with Mayor Robinson and the lalter's friends at this time. Dr. Glynn said that they were cordial with some but not with others. J. B. Walker who was chairman of the: committer which had the demo ratio camiialgn in ,ha»A, WAA"PlA^d on the stand and an effort w^R made to Ret him 10 admit that a dutenioiit bad been Kiven by Konio ono of the committee to the press several days before the now council went in to the effect that the mayor had decided In his own mind who ho woul(( appoint to office and that further applications would not be considered. Mr. Walker could not recall the circumstance,.if it occurred. He also testified tMit there had been no agreemetit aqmnii the members of this comn}Utee cH which he was li member asijto wbd should fill the appointive offices. George Thompson testified Just fore the noon recess that Mayor Inson ssid a few i?ays boforie be sworn in that h«» intpnd»>l to ap; Mr. Oyler city attorney. This afternoon the case wos not ij^snined uatil 2-30 as the time was taken up with other cases. The matter of Christmas shopping is one that must be attended to sooner or later. Christmas Is coining and coining faster than roost people realize, and the matter of doing at least some shopping is inevitable. Of course there are many people who( feel now that the financial situation Is' not at the best, that tiiey will not spend much moniey for Christmas. But everybody will spend some and If you feel that you most -make your money go O farther this year, that is just O another good argument why O you should begin early. By O buying now you will have a O larger selection and range of O articles to select from and you O can do your shopping in a more O leisurely manner. Another O pleasant feature connected with O early buying is that you will O get better treatment from the O cleAs. During the last few O days of a holiday rush the O clerks are simply worn out and O one cannot blame them for not O feeling bright and fresh and O full of suggestions. At this O' -time they welcome the Christ- O* inas shopper. The stocks are complete and the clerks are anxious to dispose of them and they will do alt In their iiower to satisfy customers. Start your buying tomorrow. MONEY TO TlitLY Fund of Penitentiary Twine Plant Will be Put In State Depos• ItJaries. Topeka, D^. 11.—As the! result of a stormy controversy between J! M. Nation, auditor of state, on one side and Warden Haske'l and the Board or Managers of the state penitentiary on the other, what is knowjcf as "the rpvolring fund of the p^tentiary twine plant" will be turned over to State Treasurer Mark Tully and be by hJm.-deposited in ist^te dei^t9riet. The'fund whkh amounts tbr^'Mjioxl mately 160.000 is now on deposit in lieayenworth banks subject' to the '«!alien's check. He getstwo per cefnt Interest on daily balances and credits It to penitentiary .earnings. It will draw 2% per cent intereat in the state depositories and the audi tqi: will have a-.b^Uer 9h«l:.on it Auditor .Nation > fcklo coikpliteL that the earnings of the penlteatiMT-twine Mant have not beeji reported to him jDont ^iV as r «qulre4 by lajri .!^r*»n Haskell and John Seaton'.' dfaiman'of ttie psnHentfary board. - n^are. hen Monday to ^ttle the matter and et- Hated ttie support of <k>veriior HoA. Thar aaked A«41tor lTaii|L \lli iifiriiiii ^ his poiftfcM h <APPQkll (t 4^ tt «i4 thmt«a«d^ nmUMtj pajr rolla "Mp^ianMl-ofmr .ta' 00000000009000000 CREYISTOK IN TEARS Confessed Mnrderer of Wm. Stewart Was in Conrt Today. W. H. Crevlston, who confessed to the murder of Wm .Stew.irt Sunday morning, was brought Into district court this afternoon to receive sentence from Judge Foust. Oreviston ap peared to be laborinK under a great train and sat with his head bowed and a handkerchief to his eyes while in the room. \STien the court took up his case, the prisoner was asked as to whether or no the had any preference as to his attorney. He selected £. W. ailyler -JUM IJiflili mrt f Mr. Mylet^i >»4jlBlJ '-'M *' eatiterenee with his client and they went to a private room in the court house. Mr. Myler returned shortly and stated that he wanted more time before his client's case was called which was granted. Mr. Myler said vhls afternoon that he did not thnk he would be ready today. When asked why. in View of Creviston's confession, ho wjshcd time. Mr. Myler said that the matter of the man's sanity must be considered. He went ahead to say. however, that he hod no reason at the time tu question Crevlston 'H sanity. A h\g crowd was in the court room to get sight of the man who has dtdmlued the brutal crime. MRS. BANES WIN With 6ansational Diverca Suit Ends Victory for Plaintiff. >• "Now as to the little girl, the real contention in this case; this beauti ful little girl now prattling In the coift room. After considering the avidence I cannot do otherwise for the prosr-nt at least f*an to place her In' the custody of her mother.""— Jtadge Foust =wath tills statement the aensatlon- ^ Banes divorce case came to dose. MTrs. Nellie Banes had sued R. A3anes for divorce and the custody of h<?r four year o'd daughter, Irene. The case was bitterly fought and some startling allegations were made. In taking un the case the court paid the attorneys a compliment upon the rpal and abilivy they manifested in ihe case. R. E. CuIHson represented the plaintiff and J. L. Barnes the defendant Thf> court a'so required by the tfrnis of the decree that Mr. Banes pay $900 for the care and education of Xhc little ?irl to bt' paid In monthly In disl'roents of $5. ; ^ •GCN. nCXOEBICK FCNafTOX GEN. FONSTON TO GO WILL TAKE fO.MMAND OF TROOPS IN (;OLI)FIELD. MAY DECLARE MARTIAL RULE MIXE OWNERS ARE FEARFIL OF COXSEQIENCES. Trouble Expected >'ext Week—Prcsl- dent Roosevelt Authorised General Fauston to Go to Nevada Town. WANTED, A 60ARD Mra Stewart. Wife of Murdered Man Wa* Afraid Customers Woul^ Disturb Peace. Mrs. Hay Stewart wife of Wei's Stewart who was brutally murdered Sunday morning by W.'H. Crevlston. asked the police last evening to guard her house. She said that two men had been hanging around the rastaurant of which, she Is now In charge. These men, so it Is said, dalmed that the cider which Mrs. Stewart Is selling was the reason for okaying near the restaurant. Pollcaman Roy Phillips happened bjr the TeBtaorant about 8 o'clock last ewning, and upon seeing a horse which was not hitched standing la front of tbs restaurant he walked in !l th4 owner. It waa at this time Mra. MMmrt tol4 PoUoemaa thaii thaaa awB I were ataxias too niaeh. na ptoUceaiaaii tbJd [40 Mtlooa the raataoraat for itf «ttl.lM vo^ watch ttanX^ tad: ia* Oat ab ooa diatittb- GoldBeld, Xev., Deo. 11.—General Funston will come to Goldfield on Thursday to take personal charge of the situation. It Is probable that more troops will be brought here. Martial law has not yet bsen declared. Governor Sparks arrived this evening from Carson and had a conference with Colonel Alfred Reynolds In command of the federal troops here. .Meetings of the executive committee of the Goldfield Miners' union and of the Goldfield .Mine Owners' association were held last night. It is Iieli3ved here that President Roosevelt is rc- Biwnsible for the decision of Oenenil I•^Inston to come to Goldfield: that the intention Is to take the conduct of affairs out of the hands of Governor Sparks and the EsnuTalda county officials and that martial taw will be declared In Goldfield Intnu'dliitely upon the arrival of General Funston. Early Sh!* morning tlie attempt to start work on the clumps of ihu .Mohawk comliinutlon l .'nKo WUM aban- (toned by Manager 8lebi«rt. who had linnounccd lust night-that bo would commence work. The men who had been in readiness to niakn the at tempt were notllliKl that they would not bo needled until Thnraday morning when work at nil of th^< mines in tihe comp will be started. '.MannKor Selbert was In consultation with other members of the .Mine Owners' Association until late last night There were rumors that Western Federation men were arming and wou'd attack the guards at the Mohawk, but after the mine owners had s|)pnt seveml hours Investigating, the rumors proved to be falss. Tonight the regular meeting of the executive committee of the Goldfield miners' union was held. Whatever is to be dona to rh-inse the prpsent situation was decided upon af that meet Ing, but no reports have been given out Suppressed excitement prevails everywher?. Nobody knows what is poinp on. except those who are leading the forces on either side. The mine owners assert that they are fnl- Iv prepared to open the mines Tuesday morning, while the officials of the miners' union scoff at their assertions. . Jflne Owners .See Sparks. I Governor Sparks was visited at the hotel where he Is stopping by many of the prominent mine owners and members and officials of the Goldfield Mine Owners' Association, but he denied that any official conference between himself and the officials of the association has taken place since his arrival. He was also visited by officers of the Goldfield miners' union, who assured them that the union will do all in its power to prevent violence and has been and still is earnestly endeavoring to effect a peaceable settlement of difficulties between themselves and the operators of the mines. The universal Impression Is that martial law will not lie declared until after the arrival of General Funston. but that preparations will be made at once for the work which will have to be performed by the troops as koon as such actioii Is taken. Doubtless a search of the camp will be made for weapons and ammunition alleged to be lildden by some of tha desperate denent among the miners and the dia tricta where the miners live will be patrolled by the soldiers night and day. The mine owners' association ofll- dale win aaaert that the origiBal in- ttattoB tp reopaa the mlaea oa Thiin* day morning will be carried ont. and that enough men have already been secured to carry on the attempt although It is admitted that the number of men who have already signed the now agreement as individuals Is small and that tneir Dope lies in the supposition that after a few of the more fearless ones have gone back many others will soon follow. it is definitely known that at least five hundred men have been secured in the mining camps of California, principally in Calavaras county through the agency of the Thlel I>e- tectlve Bureau, and are being held in readiness to come to Goldfield on two days' notice. A representative of the Thlel buerau is in Goldfield and while he has had no dealings with the mine owners association it is said that several individual operators have retained bis ser\-ices to help break the strike. Thirty Deputy Constables. Thirty deputy constables are now In the employ of the Mine Owners' association and at least 100 more wjll be sworn in before Thursday morning and detailed in the district where are located the mines which are to be opened. Thursday momins when the minea are opened but a few miners who have renounced allegiance to the Western Federation of Miners will be on hand to go to work, and little trouble is an- ticitrated at that time as tbe men will come from scattered parts of the camp and until they arrive at the mines no one will learn their identity except those who emi >loy them, but on Thurs day nljshf. when the work of the day is over, the men who have worked in the mines will be heavily gtmrded by constables and jierhaps by soldiers and their homes will be guarded. The mine .owners' association has given the miners who have signified their wllllngneHs to go to work assurances I hut every effort will be made to protect their persons and their homes. At the meeting of the executive commltteu of the minors union last night reHolutlons condemning the au- tliorltli 'H for sending the troopi, pro- leMtliiK uKHlnst their remaining here and demanding their withdrawal at once, were passed. The decision to htand by the previous declarations in regard to the refusal to accept script In IIPII of coin for wages waa made, and It wuH also decided (o make no overtures to the mine owners other ihun those previously extended. Officers tlo Visit Scene. Washington, Dec. 11.—^Assistant Secretary Murray of the department of commerce and labor, Charles; P. Nei'i. commissioner of labor, aad NePI. commissioner of labor, and Herbert Knox Smith, commissioner of corporations, will leave Washington this afternoon for Goldfield. Nevada, to make a thorough investigation of the trouble between the miners and mine operators at that place. Messrs. Murray and Smith made this announcement after a conference with President Roosevelt today. FOUR WERE INDICTED Father and Three Sone Charged With Conspiracy to Secure Excessive Company Funds. New York, Dec. 11.—John G. Jen kins, formerly president of the First National Bank of Brooklyn, and his three sons, were Indicted by the county grand Jnry today on charges of conspi.-acy and perjury. This is the first Indictment against the EI der Jenkins but- the sons have already been Indicted on other chargea. They are John G. Jenkins, Jr.. former prasldent of the Jenkins Trust company; Frank Jenkins, former president of the WIlliamsburR Trust company, and Frederick Jenkfns. a director In those institutions. The doora of all these Institutions were cloaed severe? weeks ago. They pleaded not Stillty and ball was furnished. The charges are based on loans alleged to have been nfade by the Flrat National . Bank of Brooklyn and the two Trust companies to the aecuaed men. It Is charged they are engaged in a conspiracy to aecure theae ftanda in oxeeaa of ten per cent of paid in capital atoelc of TarkHia eoiieema aad that reporta of tbe atate anperinten- deot of baska were «o (alaiaad' b7 them aa to coneaal tha fket that loaaa HOW DIDHEGET UNO WILL RUIN BUSINESS MOTES OF SE5AT0B B. L. 0WE5 BECfG DiTESTIGATEn. _. HAS RANCH SOUTH OF CANEY 0V8TEB AGAIHST PRAI3IE COM* rXSX WILL HVBT OIL SALES. JACKSON -IS KEEPING STILL 18 IXBIAX LAin) A>'D IXDIASS WEBE >0T ALLOWED TO SELL IT. Coatrarmj laTolves Constmctioa of McCamber Law Exteadfaig Bestrlc- tions OB Indian AUotmeata. Washington, Dec. 11.-^Senator Robert U Owen of Oklahoma is under investigation :by the government In some manner Owen acquired a big ranch in Oklahoma, just south of Caney, ICas., and the government wants to know how he did it. in view of the al^ged fact that the rancb is composed of Indian land. and. under the law, the Indians could not sell their lands. Some time ago Secretary Garfield dispatched an Inspector to Oklahoma to look up the matter. The Inspector has completed his work and filed bis report Mr. Garfield declines to make it public at this time. He says he wants to digest it first himself. It is understood that Owen has title to about 3,000 acres of land which the government claims be is not entitled to under the law. and suit against him to set aside his titles is a possibility. Under the McCumber law restrictions against the sale of Indian lands in Indian Territory were extend ed for twenty-flve years. Senator Owen heard a few liays ago that he was under investigation and expressed great indignation to Secretary Garfield for moving against him secretly. Garfield's reply was that the government did not hunt big game with a brass band. > • .•4 The case against Owen hinges on the interpretation of the federal laws and their bearing upon the agreements made by the government with the Indian tribes. If the McCumber law. which has been attacked in the courts, is declared null ahd void, then Owen will be able to hold tbe land under tbe deeds he has already taken, for under the original agreement with the Cherokeea the Indians were'4U-- thorixed to dispose of some ot their land at the time Owen bought it. Owen claims that tbe McCumber act is void because it can not change tbe terms of a treaty made between the government and the Indians. If the law is upheld Owen will probably lose tbe most of the land. , "It is a question for the courts to determine,", said Secretary Garfield last night. "The government maintains that the McCumber act governs, and that the Indians can not give Senator Owen title. The senator believes the law is void and that he has a right to buy under the original agreement." HOUSE MEMBERS CAN'-T AGREE, Both Bellamy and Speaktr Murray Want tb Prnalda. Guthrla Deo, ll.JTho Homo and Senate had! not up to early this after noon been able to get together in a Joint scsalon to vote for the United States senators, both IJoutonant Oor.- ernor Bellamy of the Senate, and Speaker Murray of the House, claim- lug the right to preside. Each house has beeti In session since nine o'clock this morning, during which time efforts to reach ah agreement bare failed. ROWLEY HEARING TODAY. Defendant !• Making Hard Fight Against Chages. The preliminary hearing of Estell Rowley, who Is being asked to suiv lK>rt Dora TIce's Illegitimate diild, ia being held in Justice -C. S. Potter's court this afternoon. Rowley stoutly denies his guilt and says he Is prepared to make a hard fight. Rowley Is a nephew of the Sheriff of Anderson county and comes of a good family. NEW TWO MILLION WELU r« Gacser Wise Drilled in on Hertlagc Farm Today. A two million gas well was drilled In today on the Hertlage farm in section 20, Salem township, for WVigley, Detwiler. Alcpck and Readlcker. The gas well will be sold by these men when they sell the gas from the wells on other leases which they hold. This la the smallest well they have struck In this field. BUILDING MATERIAL IN STREET Au Auto Narrowly Escaped Smash Up . Last Night The fact that a master hand waa steering an automobile on North Jefferson night before last possibly saved the city a damage suit. The machine crashed over a pile of sand, a piano box and a pile of brick which oovered about half or two-thirda o( the street. It is said there waa as sign or signal of danger aaywhaea near this rubbish. Tbe same cxmik tkms are said to exist on othor atreaU In the clt^ where bulMfnie and IWT- lug ia belDS done. The offieiala nay be ea'led itpon to look into tbta mat- tar at once. DUB HEW CATALOfL Sand aa your aaaia and addraaa for a copy 0^ our new SO-paga cataloff. It ia fraa. Large and Ij^tlfaL AU prleaa la »i«la Bgataa/ : r J. T. MBBCANT Jiwauirm: HAS XOT SAID WHETltlB PBO- TESTS WILL IXFLUEHCE HtH. Prairie Oil aad Gas Caavaay Bays Big Lots aad Is Layiaf New Liaes, Topeka. Dec. 11.—Twenty independent oil producers, claiming to represent sixty per cent of the total oil production in the MI|}-Continent field, which embraices Kansaa and OUaho- ma. appeared before Attorney Gen-. enU JacIcBon here yesterday afternoon protesting that tbe ouster proceedings against the Prairie Oil ft Gas company, aow pending in tfae Kansas Supreme court, will if successful take awiiy their marlcet and ruin tfae oil buslaesa in Kaoaas and OMaboma. ASttbrney General Jacfc- aon made no abatement aa to Whether the protests- of tbe 441 prodocera would Influence him bat intimated to {newspaper representatives afterward that he -would proceed as he has been doing. "It seems to me that the facts presented to me should have been presented to the court," was his only remark. Ouster proce^Ings against the Prairie Oil ft Gas company, the Standard OiVoompaiqr of New Jeraey. tbe Standard Oil ooidpany of Indiana, and the Standard Oil company of Kansas were Instituted in the Kansas supreme court by Attorney General Jack son a year ago. The proceedings are based on alleged violations of the anti-trust laws Of tbe state. Under n law'enacted Isist winter the various branches of the Standardi have recently been required by the Supreme court to make answer to Intem^ator- les propounded by the attorney general as to their- form oS organization and method^ of doing business. In these answers It has been admitted that the Standard Oil company of New Jersey owns a majority of the stock in and practically controls all of the companies. Attorney General Jackson' expects these admissions to result In ouster against each of the companies.' The oil men here yesterday explained to the iattomey general that the Frairie Oil: and Gas company is practically the only buyer of oil In either Kansas: or Oklahoma. Of the production of approximately 175.000 bai^ rels the Prairie, waa said to buy 130,000 barrels and to be laying adidltlon- sl pipe line* and building new storage tanks- for the purpose of buying the reinainder. The Praiile Oil ft Gas company's nipe line froin Ok'ahoma to the Wbit- fiig refinery' passes through Kansas and the produoerr fear that if the company should be ousted from business in kaitsaa it would b4 so aer lously hampered in the operation of lis pipe business that tbe market for oil In the entire Mld-Cootlnent field wouM 1)0 deatroyed.' They urge laying of n^w pliw.llna and creation of addltlonnl atorage Unka will at leaat atop ahd that the producers will continue to;be without a market for a'l their.: ft was shown to the at tomey general that the independent refiners can not use the total production of even the Kansaa field, which s smiJIer tha? that of Oklahoma. summer implement dealera made a simllac appeal to the attorney venerid. in betelf of the International Harvester ^n}pany, but It was without effect. His answer to theti was r-hat their: arg^oient should be made *o the legislature and not to an officer chained with enforcing laws already enacted. It is believed here that his course will be the same in thiacase.- Many of the oil producers wbo ap- ceared here yesterday were from Oklahoma biit most of them were from Kansas. E. El WIest president of the Kansas Oil .Producers' association Mhlch m«d« tbe big flgbt against tbe Standard dnrinr the legislative sess- k)ti of 1905, .was with the crow*. Among others were: R. S. litctafleld.' Independence; J. M. Giyens. Mkiskoeee: G.jF. Mahan. Independence; Ad. Gulp, Lieba'ttou; H. H. Presten. Bartles vllle: W. S. STorrls. Tulsa: J. T. Over field. Independence; . W. L. Nbrtop. Bartlesvfle: M. G. Asbby. Tulsa; H. Sinclair. Indep«idence: S. D. Bisbop, Lawrencte; J. P. Creenlees, Lawrence; W. J. .Coatlgan, OtUwa^ and Tbos. Wagstaff. Independence; THERE ARE OTHERS Waatatncton. Dee. Hi— Charles O. Hesner,: democratic aational epmmlt- teeman from, the atate of Washington, was introduced to President -Boone- ivelt today by Repre«antatlv«.Hnmph« rey of that atate. Mr. Heanar ia aa enthttslaatic i Bryan nan aad .4id not conceal i hiaf political prafaraaaea ia the few ptaaaaatriaa whidi ware az- chimged; batwaa hiualt -aad^PrMl' de^tlRdiiiaavalt Tha tfraaldaat waa told thatha cHiatdataM^ rslknrad deaM- critfa caxla^ br reaaaadaelai^U po aU^ fit tba thM tana qaoatlOB. Tha pfsaidiiiU' raapoaaa waa tlAt'lia waa b «ciaB|iif ,lb Mieva that thara waa i>ftfeaa tha

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