The Topeka Daily Capital from Topeka, Kansas • Page 9

EHE TOPEES! TSSIGS: ClPITm 8, J906V in the liberties, privileges, franchises, and emoluments thereof that he be hence ROSE IS BARRED BY COURT M. 9 1 The Kind of Clothes We sell are always a credit to the wearer and they are so satisfactory that we do not find it necessary, as most clothiers do, to change brands every year or introduce a new system every season. We sell Rogers, Peet make season after season, instead of boosting Schloss Bros, one season, EL. P. Co.

the next, then H. M. and Brokeup Jamin the Huckelberry, the Waterbury or the Knockenhammer systems. A Word on Styles Our competitors assured you a few neeka ago that the coats are "cut longer" this season, and as you well know, swagger suits last season carried Rogers, More 't-M mure 2 4 iMh4 ft iiVcA AJj "1L" olul- and deep center vents and side creases on the Than in Any Other Make. but this season fashion journals of any standing are emphatic in their criticism of fan-tail coats or coats vlvi 1 with any side vents or with deep center vents, and they assert that will note, too, the proper length is 32 inches.

that as soon as we bejjan to suuiunucs on siyxcs our advertisements our com- petitors do not say another word about coats "cut longer" than last season. When we say 32 inches -they fall in line and average on 32 inches, even if "lift "'Vi i forth for and during the remainder cf said term of two years wholly excluded. and forejudged from exercising and using the same and every one of them, and be wholly excluded and ousted from and disqualified from holding said office and from concerning in any wise in and about the holding" of or exercising the saidotiioe or mayor of Kansas city, and from exercising the powers and receiving the emoluments thereof for and during the term for which he was elected as aforesaid. "It is further ordered and adjudged that said defendant pay the costs of this action." XAQIlfER AOT QUALIFIED. Attorney Hale, representing James S.

Gibson, county attorney of Wyandotte county, against" whom ouster proceedings have been brought by Attorney General Coleman, won a partial victory before the Supreme xoart yesterday by persuading the court, to order-that the findings of fact taken in the Gibson case by Special Commissioner H. G. Larimer shall not be conclusive, if assailed: The ouster proceedings 'against County Attorney Gibson were-- brought on the same grounds as those" on which Mayor Rose of Kansas City, was ousted by the Supreme court Friday. Same time ago the court ordered H. G.

as special commissioner, to proceed and make findings of fact on the testimony he had previously been appointed to take -in -the -ease. -Ordinarily findings of fact are accepted by the court as the true Judgment. Attorney Hale objected to this point. He argued that the special commissioner could not render findings of fact that would not be prejudicial to his client. He introduced numerous affidavits tending to prove his point.

He also mentioned the fact that Mr. Larimer is a radical prohibitionist, so would scarcely be qualified to sit as judge in the Gibson case. Larimer was originally appelated to take testimony in the case, and Mr. Hale argued that his duties shoyld end with that; that any further actiorfv-an tils part would be prejudicial' County Attorney Gibson's case. The court, after Mr.

Hale's argument, modified its order, holding that if Gibson's attorneys assail any point in the findings the objection may be argued before th coii rt. The court also reserves the right to make any changes in the findings that the evidence may make justifiable. The court also modified another portion of its recent order. This order was to the effect that the state and Mr. Gibson bear equally the costs in the suit, so far incurred.

The costs are estimated at about $800 and Gibson was instructed to pay into te court $400. Under the order Issued i esterday Gibson is to-pay -Into the court now $100 and an equal amount when the, first, $100 has. been used up, LIST OP THE OPINIONS. The following opinions handed down by the Supreme court Saturday, April 1L 1906: JOHNSTON, C. J.

S. A. Honce et al. vs. Charles Sshram et error from Butler county; affirmed.

Isaac Keeler vs. E. Lauer et error from Shawnee county; affirmed. Isaac Keeler et al. vs.

BenJ. Heilbrun, trustee; error from Shawnee county; affirmed. Jos. Cauffman vs. C.

Lauer, et error from Shawnee county; T. S. F. R. Co.

vs. Walter M. Poole; error from Jewell county; affirmed. Missouri Pacific Railway company vs. Richard M.

Dorr; error from Sedgwick county; reversed and remanded for a new trial. GREENE, J. Kansas City Southern Railway company vs. Fields Slaughter Co. error from Crawford countyj.

affirmed. Charles E. Gibson vs. Wm. Trisler et error from Crawford county; affirmed.

J. D. Duncan va A. S. Huse; error from Cowley county; reversed and remanded.

BUltCH. J. J. B. Ehrsam Manufacturing Co.

vs, R. C. Jackman; error from Ottawa county; affirmed, costs in this' court divided; Wm. O'Keefe et al. Vs.

Chas. W. Behr-ens; error from Montgomery county; reversed and remanded. Johnston, C. dissenting.

State of Kansas rel. vs. Tib-bits et error from Shawnee' county; reversed and remanded. 1 Florence D. Whitney et Vs.

board of county commissioners of Morton county; error from Morton county; reversed and remanded for a new trial. MASON. J. State vs. Charles L.

Wilson; appeal from Shawnee county on rehearing reversed and. remanded for a. new trial. George J. Christlsen vs.

Edwin Bartlett; error from Hodgeman county; affirmed. A. F. Underwood vs. Hen Fosha et Store of Quality.

their stock is last year's styles of long vents, side vents long. No; last year's 'bargain sale suits on our counters. Watch Us Grow. and fan-tails cut 33, 34 and 35 inches Watch Our Business Methods Win. Kansas City Mayor's Plan to be Re-Elected Shattered by Supreme Court Decision; GIBSON SCORES A POINT Wyandotte County At- torney Will Fight.

Will Contest Larimer's Findings of Fact. sasY will 'not be permitted to -Qualify in case he is re-elected mayor, as he has been ambitious of doing. This point was settled definitely by the Supreme "court yesterday. Ouster proceedings were brought against Mayor Rose by Attorney General Cowman several weeks ago and to evade 3udSmnt Rose resigned his office laSt Tuesday. He thought that by bo doing the Attorney General would have secured his, point and would drop ouster suit, instead, Mr.

Coleman pushed' the suit and Friday a decree of ouster was entered against Mr. Rose. Mr. Rose and his attorney contended that the ouster decree would not affect his qualification for holding the office of mayor of Kansas City, Kansas, and Mr. Rose.

announced that he would be a candidate for re-election. He waa confident that the ouster decree would not Interfere with his re-election. The Supreme court shattered his hopes yesterday "with a decision debarring him from, office of mayor during he two years' sterm for which he was elected in April, 1905. Ills term, had he not resigned, would not expire until one year from now, consequently it be useless for him to become a candidate for re-election this soring he had: The journal entry entered in the case by the Suprme court debarring Mr. Rose from office, reads as follows a "Tk.ft court finds that the defendant Was at the regular city election held in Kansas City, in April, 1905, duly elected to the office of mayor of said clty and on April 12, 1905, regularly installed iri'the said office, having duly qualified taken the oath prescribed by law and thereby and thereupon be-i -came the rnayOr of said city for a term of 'two "years, expiring on April 12, 'That by reason of the acts and default' Jillftfprl irt th a notitinn artet oVi nwrt by the evidence the said defendant has forfeited the office of mayor and is dls- qualified from holding the same during tha Jlilll form "Wherefore It is by the court considered, ordered and adjudged that the said defendant.

te and he la hereby ousted from MU ne uw nu( in any hereafter intermeddle with, nor in the oflfce-of mayor from henceforth, nor OBINSON, MARSHAL, CO. Ind, 'Phone 22. 703 KJVINSAS AVE. i rrv skirt, i 4-ySv 5X: You quote Security portunlty to buy a suit, and to buy a suit right; Easter will soon be here, and you must buy a suit; try one at August's Monday for $5.50, and then compare it with your neighbor's suit; he paid $22.60 for bis. The photographers' business in Topeka must be picking up.

Three Washburn organizations had plotures taken with a total of 290 people. The freshmen class of 100 people, the College Literary society with 80 members, and the Review staff ef 10 members. Monarch Rebecca lodge No. 206 will consolidate with Naomi No. 96, Monday evening April 9.

All members of each lodge are requested to be present. The new pipe organ for the Presbyterian church has arrived and is being set up by an expert of the Hook-Hastings the builders. Henri Strawn waa in Kansas City yesterday on business. Money talks. That has been an everyday expression for years.

Printed matter talks. Some printed matter tells a better story than other kinds. The kind turned out by the Mail and Breeze printing department tells the best sory of all a story' of business prestige and prosperity that shows bigger profits. Call up 'phone 70 and ak to see samples oX that kind of printing. A meeting of the directors of the Hullt Manufacturing company, which is to on the marie et the telegraph call bell invented by J.

A. Hulit, resulted in the election of Elon S. Clark as president; J. C. Payne, vice president; J.

A. Rosen, secretary and teraaurer, and J. A. Hulit, superintendent. Fred S.

Nelson, J. Payne and J. A. Hullt were nained as a committee to see to the establishment and equipment of a plant for the manufacture of the -call bells. H.

B. Howard has just completed the set of combination fixtures for the Lennox, Mr. Barnum's flats, a $400 conrract and one of the swellest jobs let this year. He has also secured a contract for the Heinz flats, whicii will be a similar job. Mrs.

F. Menninger will give a ster-eopticon lecture on the Book of Exodus today at 4:15 o'clock at the Toung Women's Christian association rooms, 623 Jackson street. Misg f-inn Wyatt will sing "The Holy Before his stock was unpacked, -H. B. Howard, who has foved to 710 Kneas avenue, was called upon to comjtetely equip the "South Toieka Fri- f.v 5 's-S-SV A Nf day for baseball.

The team seleoted red uniforms. The Commercial Travelers while on their sight seeing trip last Saturday nlckna-med Dr. Eva IlaTding's new plstee on College avenue "Ragged Robin" from the ragged appearanoe of the stone wfcUa and gate posts. Dr. Harding liked tb aame well that she adopted it If you are a' reliable, caperIe, energetio man and wish a position wis eft offers an opportunity to earn every ddilar' your services are worth, write Jr.

W. Dins more, Copelaod Hotel, Topeka, Kan, DO IT NOW. Rev. A. J.

McFarland will occupy the pulpit of the patitor of the Reformed Preabyteriaa church Sunday moxnlng. He will preach on "A Common and Great Hindramoe so Comfortable Communion With God-. We wish to express our profound thanks' to the friends and neighbors for the sympathy and kindness shown In our tad bereavement. Mr. and Mrs.

H. C. Cunningham, Mrs. Walter I. Cunningham.

The new ornamental stone gates at the entrance of the Washburn college campus on College awenue are nearly completed. Mrs. Slaughter, at 431 Kansas avenue, is having her millinery opening. It ill continue ail this week. Mr.

Henry Hotchner of New York, will lecture the auspices of the Topeka Theoeophical society, at Lincoln post hall, 118 East Sixth street, this evening oa and the If you leave your bundles with as we will return them promptly, washed thoroughly clean and smelling sweet. City Hand Laundry. 827 Kansas aVcuue. Phones 64C. Miss Elizabeth Tlncher will leave New Tork city Monday.

Before returning: home she will vLsit relatives In Chicsrgo and St. Charles, 111. She has been spending the last four months with her sister. Miss Fay Tlncher, who Is a member of Joe Weber's New York stock company. On the day that you make your first nurchase of real estate, you become lm- important to you.

The real estate ads in me vapuai bdoujq mean touch more to you than a mere certain rmfber cf llneB of type. Mr. and Mrs. I. B.

Alter of RonsvIIIe, are here for the Bernhardt anal Gadskl entertainments. They are the-guests of Dc, and Mrs. R. S. Carpenter.

rwPSii k- I mtiM. 1 I Swearingen's $5 Cut Glass I li'l Special This Week 701 session of federal court and were served with the summons in a suit brought against them by one A. F. Underwood, in Kansas City, Kan. They answered the summons but asked the court Issuing it to set It aside on the ground that they were not bound to answer.

The opinion handed down yesterday was written by Justice Mason and he sustained the position taken by Forsha and Quantic. A MODERN LUTHLER. -W. Stenger makes line violins. Imported violins, $5 to $100.

Bows, cases and strings. Artistic repairing-. 823 Kansas avenue, Topeka, Kan. NEWS NOTES ABOUT NORTH SIDE jf. a Stop apologizing f6r'J'the mistakes of clerks; advertise in the Capital's want columns for the right kind.

If you want natural gas, ask the Gas company for it. Petition the Gas Company for natural gas. Do it at once. 'Henry C. Steele is suffering with an attack of grip.

Albert Lutes has reported for duty at the Arnold Drug company after several weeks' visit in Kansas City. Frank Marion has returned to work after a short illness. George P. Flederling of station A will go to Elmont today to visit with his parents and will take a week's vacation beginning Monday and spend the time at his home in making improvements. Walter Stadell who has been substituting at station A during the absence of George W.

Crouch, has gone to Hoyt to visit with his parents. 'The Sons and Daughters of Justice will give a musical and literary entertainment which will be followed by a supper at their, meeting Monday evening. Petro Woodford, the druggists. Robert Rlgdon was in from Silver Lake sterday. J.

W. Van Buskirk and family have moved from Shorey to the J. P. Wilson farm near Elmont. Frank Hurl of Bellview has been engaged as an operator In the local Union Pacific telegraph office.

Mrs. John Barnhelsel of Osage county, who has been visiting with her sister. Mrs. L. S.

Noel at Elmont, was the guest of Mrs. F. Bridre yesterday. Mrs. Enos Keplinger of Osage county, who has been visiting with Mrs.

C. F. Bridge at 401 West Gordon street for the past week, has returned to her home. B. Lyons and family have moved to the new home at 506 Taylor street, which they recently purchased.

Mr. and Mrs. Frank Allsgood have moved from 1126 Central avenue to 1121 North Kansas avenue. Mrs. Will Evelsizer and son have gone to La Junta.

where they will Join Mr. Evelsizer, who Is employed there and they expect to make their home at that place. Mrs. Carrie Morrow of 1008 North Jackson street has gone to Menoken where she will be the guest of her sister. Mrs.

Isaac Hays. "Mrs. William Williams, who has been visiting with Mrs. D. C.

Dibble at 1024 North Quincy street, has returned to her home in Kansas City. Mrs. R. A. Stewart who has been III at her home at 1104 North Quincy rtreet.

has recovered sufficiently to be able to oat. I Elmer Fisher, who has been El at his home north of Soldier creek with an at--s tack of rheumatism, has recovered suf-j ficiently to be able to be out with the jaid of crutches. Mrs. Richardson, who was removed to Christ hospital last week, is improving. N.

V. Brow, travelto- passenger agent of the Colorado Southern, was visiting at the Union Pacific depot yesterday. Charles Cox has returned from Hot Springs, Ark. Mrs. NeUle Dannie ot Concordia Is the gxest of Mrs.

Frank Putnam at the Union Pacific hotel. If Yea r- Op Yon Will See KeesYoir Tns With PRATT BROS. 1.903 X. Kaasas Areas, Beta raoaes 8Sl Zepeka, Kss. SHORT STORIES OF TOPEKA HAPPENINGS The ev.

A. B. Oldham will address the young men of the colored Y. M. C.

A. at their room 416 Kansas, avenue today at eolock. The store room at 15 Kansas avenue, which is to be occupied by 8emple'g Cafe Monday morning, is one of the prettiest store rooms alone the avenue. The room has Just been repapered In red and green with gilt molding setting off the panel effects on the side walls. To heighten the effect of the colors, the furniture of the room, tables, counters, chairs and safes, have been painted with white enamel.

The painting, papering and decorating having been done by G. A. Wood, the wall paper man, at 832 Kansas avenue. Rev. John H.

Bright has returned to his home in this city after an absence of six months. W. G. Agard, 212-14-16 Jackson street, has about completed another big contract. xiw lurnisaea sai mm worn, stair work, Sashes, doors, nla rl9 UTtorlnr anil interior finish for the magnificent four siury Dries structure Deing erected at the corner of Kansas avenue and Fourth street.

Captain and Mrs. Short of fort Riley, are in the city for a few days. The Victor April records are now on sale. Among them are: the new child's song, Fly Away Birdie to "St. Louis a fine banjo, mandolin and harp-guitar trio; "Happv Birds orchestra with sweet bird warb-lings; "Where the Morning Glories Twine around the a beautiful rustic ballad; "Jessamine" and "Moving catchy "coon' songs, and many others as fine.

No trouble at all to show you these records. R. H. Morehouse, the Santa Fe Watch Inspector, 510 E. 4th street.

Four of the Bernhardt company, M. Chameroy, M. Guide, M. Timorson, and M. Barbier were at the Throop hotel yesterday.

Slaughtering: The price on good clothing was never slaughtered in the manner that August's will slaughter it Monday, when they will sell finest tailored made garments made by Chicago's foremost tailors for $3.50. W. H. Kemper, who was defeated In the race for councilman Tuesday has received a paper giving the particulars of his brother's election as mayor cf Siloam Springs, Ark. Slioam is a Republican town and Mr.

Kemper is a W. H. Kemper says that he is glad it till to some member of the family to "skin the Men if yom live 200 miles from Topeka, come to August's store Monday; remember, you will never have a chance like this again; it's their last sale, and they are giving away twenty-five pairs of pants to start this sale oft with a rush. A train of ten coaches has been secured for the excursion of the I. O.

O. F. to Eureka Lake the 26th of this month. The train will start from Kansas City and will arrive at the lake early in the morning. Three coaches have been reserved for the Wamego delegation and Atchison promises to fill one coach and perhaps two.

LOST $17.00 taken right out of your pocket, if you pay $22.50 for the same suit that you can buy for $5.60 at August's Monday; to the first 25: an extra pair of trousers free. Topeka camp No. 89 held a "jollification" meeting last night. Speeches were made by Judge Atchison, Stanley Medli-cott and A. D.

Bauer. Refreshments were served. All suits obught at August's sale Monday will be kept pressed and in repair for one year free of charge. A. James reported the theft of two sets of harness- to the police yesterday.

They were taken from 213 Madison street. An extra pair of pants free with the first twenty-five suits sold at August Monday. It's to be their final sale of suits at this price, and this will be your last opportunity to get a suit for almost nothing. J. H.

Miller field secretary for the State Agricultural college, was Id Topeka yesterday and visited tola brother, W. Miller, the lumberman. The suits August's will sell Monday for S3 0 were bought from one of Chicago's leading tailors; these same suits sell right here in Topeka by exclusive agents for C. B. Merrtam.

the owner ot the his verrailllon touring car which can be seen on the streets frequently, has engaged a chauffeur from New York to run it for him. To accommodate those eager buyers who purchased their Easter suits previously, we will place on sale a few of our Cravenett coats for $5-53. J. E. Randolf of 6t Joaepa is la the city on business.

It says rood bye. and It means good al. error from Wyandotte district court: affirmed. State vs. B.

H. Rlcksecker; appeal from Montgomery county; affirmed. J. E. Smith, county treasurer; et vs.

Alex Haney et ejyor from Gove county; affirmed. SMITH, J. Peter Sramek vs. Lizzie Sklenar; error from Reno county; affirmed. Alice E.

Barnett vs. Henry sheriff, error from Sedwlok coUBty; reversed and remanded. PORTER, J. -M. K.

T. R. R. Co. vs.

Frank M. Wade; error from Cherokee county; affirmed. Clarence Briges vs. Thomas Voss et aL error from Sedgwick county; affirmed. u.

M. stark et al. vs. H. M.

Morean et aL; error from Graham county; reversed and remanded for further proceedings. GRAVES, J. R. B. Croan vs.

Henry Baden: error from Montgomery county; affirmed. John J. Dlneen; vs. John, Olson; error from" Saline county; affirmed. W.vB.

Hurst vs. Altamont Manufacture ing company; error from Bourbon county; reversed and remanded for further proceedings. The Ross Oil and Gas company vs. S. M.

Easthan et error from Allen county; affirmed. PER CURIAM. Root Bros. vs. C.

J. "Wolff; error from Morris county; affirmed. Abba Clair McCready vs. W. H.

Dennis et error from Chautauqua county; reversed and remanded for further proceedings. Fred Robertson vs. Lombard Liquidation company et error from Jewell county; affirmed. J. M.

Burley vs. R. Brown; error from Cherokee county; affirmed. aState of Kansas vs. Fred Lorentz; appeal from Douglas county; appeal dismissed.

State of Kansas vs. Wm. Callahan; appeal from Douglas county; appeal dismissed. STANDARD'S KANSAS CO. Prairie and Oil Co.

Holding Valued at $2,506,131 The Prairie Gas and Oil company, which is the Kansas branch of the Standard Oil company, filed Its annual statement with State Auditor Wells yesterday for assessment purposes. The statement places a valuation on the total amount of Standard Oil property at $2,506,136.92, which Is an increase of $352,241.48 over the amount reported and assessed last year. According to the statement the Standard has property in ten Kansas counties, apportioned as follows: Allen, Anderson, Chautauqua, 871.63; Franklin, Johnson. Labette. 880.68; Miami.

$115,063.60: Montgomery. Neosho, Wilson. $1,064,166,136.92. These figures show that the greatest amount of the Standard's property is held in Wilson county. This was also true last year.

The report this year shows a big decrease In the amount of the Standard's property in Labette county, also In Wilson county. This decrease Is due to the fact that the Standard made several large sales of pipe Use in these two counties to the Kansas Natural company during the year. Last year the board of pipe line assessors acepted the Standard's statement as filed and made their assessments upon that basis. It is probable that It will follow the same cours this year since the valuations placed on the different items are praotically the same as they were lat year. The section of the statement referring to pipe line, places the following valuations per mile upon pipe of the various sizes used in the oil and gas fields: Two-inch pipe, per mile, $172; 3-inch, $312; 4-inch.

$446; 6-lnch, $776; S-inch, 10-inch. 12-lneh. $258. The statement gives the par value of the stock of the Prairie Oil and Gas company as $7,500,000. The statement was filed by Theo.

M. Towe. tax agent, whose address Is given as 28 Broadway, New York city. May Mertavce Heni(i(M(i. The Supreme court rendered a decision yesterday holding that persons who have homesteaded government land nut have not made final.

proof may place a mortgage on the property If the money secured thereby is used In the Improvement of the homestead. This decision is of great Importance to people who have taken up government land. Under a previous decision it was held that homestead land on which final proof had not been made could not be mortgaged. The decision rendered yesterday makes such a proceeding legal and reverses the former decision. The opinion was handed down in the case of C.

M. Stark and H. M. Morgan, which was appealed from Graham county. The opinion was handed down by Justice Porter.

In the course of the opinion he said: "A mortgage upon government land made by a claimant holding under the homestead act prior to final proof, for the purpose of securing money to improve the land or for any purpose, provided It Is not intended thereby to transfer the title in evasion of the statutes, is not void nor In violation of the statutes." Service ia Coart. The Supreme court in a decision mads yesterday in the ease of Henry Forsha and Henry Quantic of Wyandotte county, held that a citizen of any county in attendance upon a session of the federal court, whether as a witness or juror, can not be served with a summons of cult brought against him. Forsha and Quantic were oatslde ot Wyandotte -county fttteeesxc upca a We have just completed the purchase of the largest and most beautiful line of rich cut glass ever shown in Topeka. It will pay you to see our North window display and get some suggestions, for now that the June weddings are coming, you will find some very exquisite presents shown, such as a 9-inch berry or salad bowl for only $5. Also vases, ice tubs, carafes, pitchers and jugs, goblets, tumblers, nappies, cologne bottles, vinegarettes, oil bottles, rose jars, comports, celery trays, cream and sugars, covered xheese plates.

S1 I rvr 4 EQUITY 2:23 You are cordially invited to inspectnetallions in charge of George Farish at the FAIR GROUNDS, Barn Number One. Including EQUITY the sire of the 2: i list. Just a word about our Handsome Cut 0Iass-We have the; exclusive right to handle the celebrated Quaker City cut glass which took the grand prize at the World's Fair. Remember, it can not be obtained elsewhere. Out Display Windows Illnminated Every Night S19 Kusif Ave.

Mail Orders Filled PronpUj. Watcfc aar Ads for Barillas. i 444i 9 WWW WWW WW WW WWW by at August Monday, your last cp-j.