Iola Daily Register And Evening News from Iola, Kansas on December 18, 1907 · Page 1
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Iola Daily Register And Evening News from Iola, Kansas · Page 1

Iola, Kansas
Issue Date:
Wednesday, December 18, 1907
Page 1
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EL V«b m TTMe K«w Ml' IjOU, KAirSAS. DECBMBEB 18, 1M7^WED5ESDAY EYEimiCL mcK TWO dm DOUBLE TAXATION 8fOGKHOLDEBS Df C0BP0BATI05S CRITICIZE 3JETV TAX LAW. AFFECTS MANY lOLA CITIZENS .TJIjET MAY APPEAL TO LEGISLA- TrRE FOR RELIEF. Stoekholden Contend That Sham In Forrtgn Corporations, Owned In Kansas, Not Taxable. If a special session of the legislature iH called this winter, several lola people may see to it that the attention of the body Is called to what they regard as an injustice In the new tax law which has to do with the tax- Ins of shares of stock in a foreign corporation owned by residents of Kansas. It Is held by those owDioe snch shares that. If they are required to pay taxes on the certificates of sbarea they hold In a forelsn corpor- atkm and the property which the abarea represent is also taxed, d'^uble taxation; is the result. They, there fore, contend that (stocks in forelj^n conwrations are not assessable here. Mtoylola citixens own such property, eapeolally stock in cement com> nantw and are affected by the law. ' yi^A^-the members of the state tax ci^nBlcslon were here, several citi- - xeiia rtalted the commissioners' room w|th the idea of conferrlnK with them Pl»ut the matter. They arrived after the commissioners had left, however, and hence did not ret any infornia t 'on. County Clerk Elmmett Culbertson then took up the matter and wrote the commission. Informing them of the position held by such stockhold? LTthta! Tlclnity. The secretary oalssion has answered saying that the law Is valid oft the grounds that the courts make a clear distinction between assessment and capital stock of a cor Doration ai.d the shares of stock In the hands of the owner. Several Tola citizens who are af fected by the 'aw Intimate very Ftrongly that they will use thdr in fluencp to call the attention of- the legislature, if it meets In special sess ion this winter. In the hope of relief. The following is a copy of the l^t ter written by,Mr. Culbertson to the connnission: TOE WEATHER. Forecast for Kansa8>-'PaIr tonight and Thursday. i shares of stock of manufactnring, stock yards, and foreign corporatk>ns. It should be noted that- SecUon 7547. •provides for the assessment of the shares of stocks in banks and so forth. The courts have held that such an aa- ^Essment Is against the Individual share holdera upon their shares of stock and not against the property of »ie bank in which the capiUl stock q'f the bank is invested; and so the oourts have held that exempt securities, such as government or state bonds, cannot be deducted from the KBsessment of the shares of stock; Whereas they may be so deducted if the assessment be against the corporation itself. : Thus there is a clear distinction be- t>i'een the assessment, and capital stock of a corporation and the shares oi stock in the hands of the owner. • To hold any other way. than for the t^atlon of the shares of stock in for elgn corporations owned by citizens of the state, wou'^d afford opportunity' for moneys made in Kansas and owned by its citizens to be invested outside the state without the prlvil- egec and rights covering the transaction, having in the least participated In the burdens required for the support of the government. Verv trulv, J. H. SMITH. Secretary. SECT. CORTELTOU DEXIfS HE IS CANDIDATE FOR PRE8I0EXCT. SUBMITS SIGNED STATEMENT SAYS THAT RUMORS ABOrT POLITICAL ACTIYITY ARE FALSE. If He Wants to Knn He Will State Political Views and Make Open AvowaL DIBXT DELITER THE BEAXS. leto Wholesgile Askn DaM|R> Pr *M the Valley City MilllBfr Conpany. The tola wTiolesalo Grocer.v honse b^gan an action in district court today to collect S6S6 allesred damages frpmthe Valley City Mtlling comitany. It; is charged that the defendant was to dcMver 250 bags of beans each containing 2^; bushels to the wholesale hqusc on a certain dav in October, hut that the defendant failed to deliver the beans until December at which time the price had depreciated $1 per bush- e!; The wholesale house therefore, adts damages. PUT ON LIGHT DIET. "Honey Comb Bill" Refused to Work on City Streets. State Tax Connnission. Topeka, Ks. Qent^emen: Since your meeting with the Board of County Commiss loners of A'len county last Monday, their, attention has been called to the decision of the Kansas Supreme C«urt In the case of Foster vs. Cas key. as reported in Vol. 65 P. GOO of Kansas Reports. It is claimed by the parties who appeared before our board, that "Stocks of Foreign Corporation." under the headlne. "Schedule No. 18. P. 10." of your "Duties to Assessors and Instruc- tijM^aa to the Use of Forms." should ^'teqgj^gted. because it conflicts with Suti ae61fcl6n referred to above. I believe that, our board Is inclined- to agree with the contention that Stocks in Foreigii Corporations are not assessable here, and I would be pleased to have you advise me as to the result of your investigation. If you decide that they are not assessable would it not be advisab'e to emit the words, above mentioned from your Instructions, as well as from Sdiedule No. IS? The uninformed, snwll holders of stock, would, as a matter of duty and conscience make a report of his stock to the assessor, while the holder of the" large blocks •.cf stock, who is able to retain an attorney, would inform him as to the law, and either neglect' or refuse to give in his stock to the assessor. I will be pleased to have an eaily rc-p^y. Yours truly, R. E. CU1.BBRTS0N, County. Clerk. "Honey • Comb Bill." an East lola police court character, who was thrown in several da^s ago on the charpe of drunkenness, was today put on a diet of bread and water. When it|caroe time for him to go out on the streets and work he refused, saying that he .sick. The county health ol^cer who was cal'ed could not find anything wrong with him. It is said that he is willing to work now. STREET CARS COLLIDED. CQnfusion of Signals Resulted in Slight Accident. The following answer was received: Topeka. Kas., 12-17-1907. Mr. R. E. Culbertson, county clerk, lola, Kansas. Dear Sir: It is the opinion of the Tax Commission, that the position suggested by your letter of the 12th Inst, in regard to the non-taxing of the shares of stock in foreign corporations owned by residents of Kansas.! is not in accordance with our lawJ The decisions of the courts seem to .distinguish clearly between taxing the "capital istock of corporations." and taxing the "shares of stock" in the bands of Individual resident owners. The case in 66 Kansas Reports, at page 600, cited by you, entitled Foster VB. Caskey, holds in substance, that tiecause it does business In a state, a foreign corporation does not acquire a: "domicile" and thereby render the cipltal stock of such corporation ai^endable to the rtvenue laws of the state in .which it does such business; but the jdectaton does not in the least iMld or even intimate that charges of atock Infa foreign corporation, owned by residents of Kansas, are nof-tax- able: on the other hand the statutes seem to clearly indk:ate that they are. Seetlon 7618, General NStatutea of ,lfQl, Bubdlrlaion 18 expressly pro- vtd«« for the listing of "stocks in any couiiBiiy or corporation" but an Sec- tibn Tpt and Section 7647, General .BIkbrtW ot 1901 provides a special i^am'for aaaening the capitcL stock iite^porponitioaa. It 2fl«rai for .The lola Hectric Railway Con> rany's freight car ran into a west bound passenger car about 10 o'clock th.'s moniing Just as they were turn In'g the curve at Madison and First streets. The motorman on the pas- sengar car saw the freight car coming and stopped but before ho could reverse his car the freight car crashed into the front, breaking the fen di<r and doing other small damage to tl;.e car. The accident was due to confusion in the signal lights. NEW STOCK COMPANY COMING Emory's Will Give Matinee at Grand Saturday. "The Emory Stock company will open an engagement at the Grand on next Saturday by giving a matinee. "this company Is said to be compos ed of some of the best actors travel Ing in the west. Raymond Wells, who was with the Electric Park Stock Co last summer and who managed the nark baseball team of the - Tro'ley league, is the leading man. Mrs. Stat- cr. a'so well Icnown In this^ity, is a iperaber of the company. ^ TAFT HOME FRIDAY The President' Grant Is Heard From by Wireless. Cape Race. Dec. 18.—The steamer President Grant from Hamburg for New York, and having Secretary Taft <in board, was In commnnication with (he Marconi wireless station today ,the Grant will reach New York Frl day. >;0 MORE SEATS THAX IX 1901. Chairman 3>'ew Cant Increase Capac It J of Chicago CoUgonm. \ Chicago. Dec. 17.—National Chalr- njan H. S. New, who was in Chicago yesterday inspecting, tlie Coliseum, Where the republican national con vention is to be held, nnnounced the pjersonnei of the local committee Which will have charge of arrangements for the convention. F. W. UP-. I»m \T.IS .named as chairman: S. B. liaymond, vice chairman; J. C. Roth treasurer, and W. H. Chamberlain, secretary. ; "I cannot see how we are going to increase the seating capacity over that of 1904." said Mr. New. after going through the building with' A. C. Brown, the architect, who arranged t|ie seating scheme for the former (invention. ^ • I OOLONEa< 'Flanden of Paola. la .in fke city tbdi^-the gMst of frienda. i - . ! . . .• • •< , . 'n' Amst of Chicago Stock Broker Showed up Get.Rkh-Qakk Scheme. Chicago, Dec. 18.—The arrest of J. C. Dean, bead of the firm of J. C. Dean & Co., stock and bond brokers- last night, on the charge of obtaining money on worthless checks, revels an alleged get-rlch-quick concern. The firm advertised widely lia the newspapers of the country. The latter sent out glowing prospectuses and references, and in each case before making a contract, insisted that amouuis of from fifty to one thousand dollars or more be advanced for various "expenses." The "expense" having been paid, little or nothing further, it Is alleged, was done by the firm. Some of the dean "clients" will, it is said, present the matter to the grand jury. Washington, Dec. IS.—Secretary Corteiyou, in a signed statement given out last night, pronounces unqualifiedly false the current rumors of undue political activity of his friends in forwarding a movement in bis interest. The secretary declares that neith er he nor his friends have used their influence in behalf of any candidate for the presidency, and that he has not been _ a candidate for anything but the confidence of the people. He adds that If he should hereafter decide to be a candidate for any oHlce, he will say so frankly. The titatement follows: Decexn«»er 1". 1907. "1 do not know that I am ralKd nit­ on to make n statement at this time, but in view of the various rumors in circulHtlun us to the alleged iHilitical activity of frieuds of mine in my Interest. I will say that 1 have not been _ candidate fur unyihliig but the confidence of the people In the discharge of my duty as secretary of the treasury. 'I h.ivc not In per .<ion Sought nor have the friends names have been mentioned in this conectlon sought to influence iiolitlcal movements In my interest: I have not, nor have they, used any influence, directly or indirectly, to secure {lolltlcal support for or against any candidate for the presidency and accusations that such has been done are unquulifledly false. 'In no office In no one of the three departments with which 1 have been connected have I authorized or permitted officials or employes to attempt to influence any such movements, nor shall I do so. "In common with many other citizens. I have decided views as to policies and as to candidates, but 1 staali refrain from expressing them nntll I believe -It Is proper for me tu do so. Upon this statement I am entirely con tent to leave the people to draw their own conclusions regarding such rumors as those to which I have referred. "If In the future I shall decide to be a candidate for any olllce. I shall be prepared to say so frankly, and state Che grounds ui)on which I ask for support. In the meantime 1 shall try, as 1 have tried in the past, to conduct the treasury department for the benefit of the people of the whole country, and absolutely without regard to whether any action I may take in the line of my duty may adversely affect mv per.sonai or political welfare. "GEORGE B. CORTELYOU." RUMORS ARE AFLOAT Topeka Gossip Says Governor Hoch Will Call Special Session. Topeka. Dsc. IS.—Rumors that Governor Hoch is iireparing to call the leelsiature together in extra session will not down despite the fact that men close'y in touch with the chief executive are of the opinion that he will not take such action. A report was current here yesterday that Governor Hocli' has written letters to many members of the legislature asking that they come to Topeka to talk with him regarding the advisability of calling an extra session. Governor Hoch flatly denies having written such letters and says there is no foundation for such a story. "I have nothing further to say regarding thp special session question now," be said yesterday evening. "I have said that I am not convinced that an emergency exists warranting thp calling of a special session. Until I am so con vinced a special session will not be called." It is possible that an effort may be iiiarta to induce the Republican state central committee, when it meets hero a week from nest Saturday, to recommend that a special sess- fon be called for the purpose of enacting a prlmarj- election law but there IS lltt'e probability now that the- committee will take such action. Therje is les.s probability that the committee will call a primary for the nomination of a state ticket. WOULD BAR FEDERAL LICENSES. Tillman Proposes to Protect Local Option Communities from Liquor. Washington. Dec. 18.—Senator Tillman today introduced a resolution instructing the senate committee on finance to report "whether It Is practicable for the national government to discontinue the issuance of permits tit retail liquor dealers in states, coun lies or municipalities where local oyh tibn prevai s. prohibiting the sale of liquors." Stvmior .Mlison suggested that the govcrnnu>nt merely collected lax ou liquor and does not control Its sale. Mr, Tlilnutn replied that the government in rolh<ctiiig (ho tax )iormlt8 thi> ^«ale of liquor and issues a |ier mil for tli;«f purjwse. The rt >so'utlo;« was adopted. REPAIRING CHEROKEE GRAFT IS REVEALED TO AMEND THE RILL Changes Demanded in the "Jim Crow" .MeaNure by the Uonse in Unthrie. Guthrie. Okla.. Dec. 18.—Democratic state cilficials and t>oIiticIans who have been clamoring for the {Kis .sage of the Jim-crow" 1)111 as an emergency meas ure were given a setback in the house yesterday when the bill was referred back to the house committee on public service cori)oratlons for amendment by a vote of 9 to 1.'. The majority in the house demands the removal of the provision that negr nurses may accompany their "employers In coaches reserved for white persons. Other minor amendments will l>e made, it is not Imi>ossibie that on entirely new bill may be taken up. Many of the house members feel that the 1)111 is not wholly fair to the ne­ gro citizens and to the railroad companies. BREWERS WILL HELP LOANED BANKS* FUNDS. Investigation Following Cashier 's Death Reveals Default. North Attleboro. Mass., Dec. 18.— The Jewellers' National Bank, of this town, whos3 cashier. Frederick B. Sargent, was found dead in a bath tub in his apartments last night, failed to open its doors today. A notice posted sUted that the bank wou'd remain closed pending the examination of affairs. The pbysk:ian stated today tliat h'- had not given the causa of Sargr>ntV- death as "accidental drowning." rpported last night, but simply as drowning." Further than this he declined to discuss the case. The bank's deposits were slightly in excess of one million. Naw York. Dec. 18—President Wig. gin today said Sargent had exceeded bis authority without the knowledge of the directors and made loans to local concerns in wliich he was interested. THEWIRES ARE CUT GOLDFIELD ALARMED BECAUSE THERE IS yO POWER OR LIGHT. GENERAL FUNSTON WILL STAY niLL TAKE FULL CHARGE OF AFFAIRS IS MIMSG C.4MP. GORE LOSES NO TIME. Announce* He Will be a Candidate for Re-Election in 1909. Washington. Dec. IS.— Senator Thomas P. Gore, of Oklahoma, who ycstenlay drew the two-yrar term, today announced "his candidacy for reelection in 1909. "I am a candidate to yucceod my. self, and 1 want the p.»ople of Oklahoma to know it right away." said Senator Gore. Gore will conduct h-s campaign frcm Wa-shincton this winter. HP esiiects to got In touch with all of his friends' and set them to work at once. By the time cimgresa adjounts he will have his organization perfect- id in evory county. amUwlU be In vhape to outer Into a speaking campaign 2s soon as he returns home. JAPAN FEELS SURE Editorhil Comment In Leading Papers Say Fleet Does >'ot Threaten Orientals. SI. Louis Men Agree Xot to Sell Sap- piles to Saloons Which Violate Law. St. Louis. Dec. 18.—Excise Commissioner Mulhiil announced today that every brewery in St. Louis and East St. Louis together with four leading breweries of other cities having depots here, have formally made a written pledge to him that they will not sell l)eer or other su|)plies to any saloon or club which he places on a black list which he will furnish the man.ngemenis. The black list will comprise the names of saloons and <-lubs that violate the liquor law. FIRST REAL SNOW LAST NIGHT. Mr. Schoppe Saya That .7 of an Inch Fell. This vicinity was visited by its first real snow of the season yester day and last night, about .7 of an inch falling. This morning there was about of an inch on the ground. During the day the snow has been melting. There was a trace of snow on the 14th of this month, but yesterday was the first real snow. TAKEN TO THE PEST HOUSE. Mrs. Wheeler and Daughter Are 111 of Smallpox. Mrs." AHiaeler and little daughter were taken to the Al'en county pest house today from 420 North Buckeye. Both are suffering from smallpox. Neither, however, is thought to be in a serious condition. MELBA STAYS IN AUSTRALIA. Father's Illness Keeps Prima Donna From America This Winter. Toklo. • Dec. 18.—An Indei>endent paper which has a wide circulation in intellectual and business circles, will publish the editorial comment on the dispatch of the American fleet to the Pacific. "This is a noteworthy navat undertaking." the i)ai)er will say. "One that will attract the attention of the world. We do not entertain the idea for even one moment that the purpose of the trip is to threaten Japan." ALASKA FEELS STRINGENCY. Mttls Are Dark aad Armed Giurd OB Patrol-Breflk In Wires Cant Be Fonnd. . * Goldfleld, Xev., Dec. 18.—Goldfleld Is greatly alarmed over the fact that the feed wires of the Nevada-California Power company are down and that the company has been unable to find the break or determine' the cause of it. The break occurred at 5 o'clock yesterday afternoon. .General Funston has cancelled his order for berths for himself and staff on the train and he will remain in Goldfield>indefinitely. The mills are dark and armed guards are patrolling the ground around the principal shafts and mllis. General Funston and Governor Sparka were In conference early In the even- iiiK and shortly after Col. Reynolds Wt\ for the camp of the federal troops jud all soldiers on the streets were gathered up and taken into camp. Aa near as can be lexrned the break tu the wires Is near Palmetto.' a mining camp about 21 miles soulthwest of (toldfieid. The i>ower, which |s brought to Ooldfield is developed near Bishop. In Inyo county. California, land about .'ill miles awa.v. For the J past fire weeks the power company has had a large force of men patrolling the line, which passed over the highest portion of the Sierra Hlanca range. A telephone line extends the entire length of the t>ower iiue and this also is down, so that communication with'the men liatrolling the power line is impossible. -\u effort was made to Induce General Funston to p-jtrol the city and the vicinity of the mines with troops last night but he has not yet Issued such an order. :.. TO USE HARSH WAYS The Banks at Fairbanks Goinsk on a Clearing House Basis. Fairbanks. A'aska, Dec. IS.—Today, Wednesday, the Washington-Alaska and First National banks of Fairbanks will go on a clearing house basis. Only $50 a day wlthJrawal will be allowej each dei)ositor. .A. committee of de- |)ositors representing the Fairbanks Banking Company, whiph recently closed Its doors, reported today that the assets excatded the liabilities by 1354.813. and the bank will probably go on a clearing houses basis soon. GUS RINGLING DEAD. Head of Circus Combination Dies at New Orleans. New Or.'eans. Dec. IS.—Gus Ring ling, head of the circus conibinatiou which controls tha shows of Rlngling Brothers, Barnum & Bailey,* and Forepaugh-Sells. died at a sanitarium here today. COAST LIKES JAPAN, THEY SAY. To Prove It, Haya and Kahn, Representatives, Would Aid the Toklo World's Fair. Washington. Doc. IS.—Representatives Hays and Kahn of California called at the State department today and assured Assistant Secretary Bacon that aa a state California held Japan in the highest regard. The only objection Is the competition of cheap labor. As a practical illustration of that good feeling. Representative Hays said that he had prepared a bill for Introduction In the House appropriating i4mIllion dollars to da- fiay the cost of an American exhibit at the Japanese world's fair. TO DUILD A BIG SHIP Uncle Sam Will Hare Monster Man of War In I'se in Few Months. Plant Gets Readv for Opeulnff Jan. nary Ist. Fifteen men were put to work at the Cherokee smelters In Gas City yesterday repairing and putting things Into readiness for the starting of the plant January 1st. A^'hen the work Is completed the smelter will be In much better condition- for operation. The plant closed down several weeks ago until the pl|>e line which is being built from the Elamore gas fields Is completed. , QIIMJ AiURS Sawyer at the GramI TlMitor toali*!. New York. Dec. IS.—Mme. Melba, the prima donna, will not sing In America this winter. It was expected that she,would return for a season at the Manhattan opera house, and a .-hort concert season, but she has no^ '.fled her manager that her father's health Is such that she cannot think of leaving him. and will therefore remain In her home, near Melbourne, A^^tralia, all winter. THE 8TERNBERGS FROM INDIANA T.;hPorte. Ind.. Dec. 17.—^Mr. and Jfrs. I.iOUia Sternberg, who were mur- (Icred In Kansas City. West Side, lived here several years. Mrs. M. Welmer is a sister of the murdered man. Her condition today has been critical. Mrs. Sternberg was a member of the Knights of the Maccabees of this city aad dispatches have been sent to. Kansas City offering aasiat- ance. Mr. Sterdberg's father is la California. He la well to do. State Insnrsnce Snperinteadent .May RcToke Some Cbmpaay Charters If Laws Are Not Obeyed. Topfeka. Kas... Dec. 1«.—C. W. ilarnes. state superintendent . of insurance, is preparing to take drastic action against flrer Insurance", companies that continue to use the premium estimates made by the.Eidrldge rating bureau unless the antl-tmst proceedings against the fire insurance companies in the district court of Shawnee county does not soon bring results. Under the law he is empowered to revoke the certificates of authority of fire insurance companies to do business in Kansas whenever he is satisfied, either that they are not complying with the Kansas law or ' that they are' not prepared to carry out their contracts. Mr. Barnes believes that many of the insurance companies are purposely delaying a trial of the suit now pending and will proceed sumniarily against such companies. He has alr,eady revoked the licenses of two and will take similar action against several others within the next thirty days unless they discontinue using the Eidridge estimates, in defiance of the ^temporary injunction issued by Judge Dana of the district court of Shawnee county. Quincj-. Mass.. Dec. 18.—.\t the moment the guns of Admiral Evans' fleet were roaring out their farewell salute at Fort Monroe the first Iteel plate of the graat cattleship North Dakota, the largest battleship in the world with the exception of her sister ship, the Delaware, was laid In the yards of the Tore River Ship Building comiiany here. A fourth larger than the largest ship now lln the American navy, the actual construction of the North Da- Kota may now be said to have begun. 7 he first plate laid was No. 10. There ere twenty of these plates, each 24 feet long and each weighing 3.000 jrfmnds. As soon as the first plate was laid frames were attached to It. . The contractor has three years In Mhlch to complete th^ building of the ship, but the officers of the company aay that they will be able to complete the North Dakota, provided the material la not delayed, so that her lanhehtng may take place ten months fion today. OIL .ME.V GOI.VG TO COXGRESS. Mid-Continent Pn>dacer8 WIH JSot .\ppeal to the President. Washington. Dec. 17.—^The officers of the Mid-Continent Oil Producers' Association have decided that It is use less to appeal from the decision of Secretary Garfield in regard to oil and gas regulations. The pre.sident invited them to come to him with their grievances in case .Mr. Garfield didn 't change his regulations to suit tbem. Althongh turned down on every point by Garfield they wi!I not carry the-fight to the president, because they believe he will back up his secretary ot the interior regardless of their showing. They will go direct to congress for relief. SA>TA FE PROTESTS. The Road Pays Ita Taxes Under a Protest The Santa Fe paid its taxes today, but under protest. The checks came separately for the Colony branch and main line. The total taxes minus rebate reached $8,093.37. Of this amonnt they protested about $630 as excessive, claiming that several items in the levy It Humboldt and Geneva were Illegal. OFFERS A REWARD Governor Hoch Would Have Sternberg Munlerers Apprchendad. Topeka, Dec. J8.—Ckivemor Hoch yesterday afternoon 'bffsred a reward ot $300 for the arrest and oonTiction ac the robbers who murdered Mr. and Mrs. Louis Sternberg at Kansas City. Kansas, while robbing Stembers'B store, the offer-= for the reward «aa made at the solicitation ot the olUcIala of Wtyndotte oonaty.

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