The Topeka Daily Capital from Topeka, Kansas on December 13, 1908 · Page 1
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The Topeka Daily Capital from Topeka, Kansas · Page 1

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Sunday, December 13, 1908
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wield CIRCULATION VESTEHJOAT. 29iO 38 TBB 05LTKBWSPAP1B lit KA5S AS PBIIfTBD EVERT DAT IR TEAR Ay VOLUME XXXII NO. 298 TOPEKA, KANSAS, SUNDAY, DECEMBER 13, 1908 32 PAGES IN TWO PARTS V GETTY 15 LOST II IE FIBSTUND Supreme Court Refuses to Issue Writ of Mandamus to Compel County Clerk of Wyandotte County to Open Ballot Boxes for a Recount MIT FOR LEGISLATURE Sensational Charges Made by Getty Can Not Be Proved y Till Ballot Boxes are Opened Getty May Ask for Alternative Writ. Senator James F. Getty lost the first round in his light for a recount of the ballots cast in "Wyandotte county at the last general election. The Supreme court yesterday refused to grant a peremptory writ of mandamus to compel the probate judge and the county clerk o" Wyandotte county to open the ballot boxes. Getty was defeated as the Republican candidate for State: Senator from his county by T. A. Milton, a Democrat. He filed contest proceedings against the election of Milton, charging fraud, irregularities and errors. Some of the charges made by Getfy were sensational. However, when it came to taking depositions it was found that irregularities could not be shown because the ballots could not be secured. They were locked up. the county clerk refused to open the ballot boxes and the probate judge refused to order them, opened. FriJay, Getty filed an application with the Supreme court asking that the court compel the county clerk and the probate judge to open the boxes and produce the ballots. The court made no formal decision and Jast night had prepared no opinion other than to deny the application. However, the restof the court left it to Justice Burch . to write the opinion and he is working on it. The denial of the application will . make It Impossible for Getty to secure a recount of the ballots cast at the senatorial elee (Continued on Page 14.) CASTRO SAID TO BE FURIOUSLY ANGRY Much Put Out With Treatment Given by French Government; Will Go on to Germany. Paris. Dec. 12. President Castro of Venezuela, who arrived in this city last evening from Bordeaux, had made no official advances to the French government up to noon today. He is represented as f uri-Tupusly angry at the manner In which the gvernment is receiving him in France. Since his arrival in Paris he has remained shut up in his apartments In the hotel as closely as though he were a prisoner and. barring a few members of the Venezuelan colony he has seen nobody. The officials of the foreign office have received formal order to give no explanation of the government's attitude toward President Castro. "We Ignore his presence," an official said today. "The conditions upon which the government is willing to open negotla-- tions have been communicated to him." What these conditions are, beyond prohibiting President Castro rrom making any political declaration, are not known, but it Is believed that they Involve a formal apology. A reporter called to see the president today. The only member of Castro's entourage visible said that nothing had been decided, but the party possibly would leave for Germany tomorrow. A black maid in the service of Madame Castro was sitting In a hall outside her mistress door trying to get her foot into SKIPPERS ID E SANG HYMNS TOSSED SHIP WAS BLOWN New York. Dec 12. The honeymoon tfrip of Captain Hudson, skipper of the Bath (Me.) schooner Henry Clausen, Jr., and his bride last month, was thrilling In the extreme, according to details received today of their experiences on board that illfated vessel, which, after' numerous viclsitudes, finally burned in mldocean. The newly married couple and crew finally rescued by a passing steamer were taken to Messina, and It is from there that account of the experiences has reached this city. 1 The Claussen, a three master, was bound from Gulf Port, Miss., to the Azores, Adam God- and Wife Held on Murder Charge JAMES SHARP, OR "ADAM GOD," As He Appeared Shortly After His Arrest. Kansas City, Dec. 12. Justice Theodore Remley, after a formal hearing in his court this afternoon, ordered James and Melissa Sharp, the religious fanatics, held for the murder of Policeman A. O. Dal-bow.. Dalbow met his death during the battle between police and street preachers on Tuesday last. Justice Remley ordered that the Sharps, should not be ad mitted to bait.- In tfie case of Mrs. Delia Pratt, wife of Louis Pratt, Sharp's ms3 companion, In the fight,, who died yesterday from his wounds, and that of Wil-lian Engnell, the 17-year-old boy, protege of Sharp, Justice Remley announced that he would consider their cases and announce his decision next Tuesday. Tho boy Is an epileptic. . Although there was no testimony given except by the police to formally present a case hundreds of persons crowded the court room and as many more were turned away. " 'Jack Pratt was the first man I, ever a newly purchased pointed French shoe. The French newspapers generally poke fun at the "dictator" of Venezela; nevertheless they insist that the government explain the reasons that induced it to change Its attitude toward him. WHEN GUARDS KILL THEY ARE IMMUNE In Case Arising From Riot at Springfield, 111. Judge Upholds J. B. Klein in Using a Bayonet to Enforce Orders. Chicago, Dec 12. Judge Kavanaugh In the superior court of Cook county today rendered a decision of Importance to National guardsmen throughout the country in which he declared they had a right. WHILE STQRM-10 PIECES ON OGEAH lumber laden. When some 500 miles from St Michael, her destination on November 10, a hurricane began to tear away every thing above decks, and for three days kept the little company of eight In terror, relieved only by Mrs. Hudson's brave singing of hymns and recounting of Bible stories. The schooner sprang a leak and all the food was under water. Just as it seemed that the vessel must go to pieces a steamer was sighted. It proved to be the Snowdonia and all were rescued in life boats. Hardly were they aboard when smoke began to pour from the Clausen and soon the wreck was ablaze. heard call . himself 'Adam God, " said "Adam God," the slayer, In his cell fn the county jail today. "I never called myself 'Adam God." Others gave "me that name.- But 'Jack' Pratt, the brother of Louis PraJt, our martyr, was the first Adam God. He used to live in Kansas City and often got his name in the papers as Adam God. VI know liow he got It, though," Sharp continued: . "Adam was the first man and we are all children of Adam. Now Gad never changed the family name that anybody heard of, so we are all Adams yet. "If a man has the faith, he is a son of God. God was Adam's father. Now if your father were named Smith, your last name would be Smith. Our father's name is God, therefore, our family name is God. And taking our first name from Adam it gives 'Adam God.' " Sharp fancied he was a prophet and he read the Bible for confirmation of this belief. " 'The false prophets are well spoken of, but the prophets of God are as the offscouring of the earth, says the Bible. "That's me," said Sharp. "The Bible says the prophets shall bring strange sayings to the ears of man. I do that. They can't get around that. "Some of the band said I would take their swag and light out. So I sold the wagon and divided the money. I did not know I was fulfilling the biblical Injunction then, but I afterward found it in the Bible where It said 'The kingdom of heaven is like unto a man who journeys into a far country. He calls his creditors together and renders unto each his due. "I never knew I would be snot. I only remember firing at one man. After that my senses left me and I can't remember how-I acted in the fight." Xewton, 56 1 Sallna, 28. Special to the Capital. Newton, Kan., Dec. 12. The Newton Young Men's Athletic club basket ball team defeated the team from the Kansas Wesleyan university at Salina here. The score was 56 to 28. under certain conditions to take human life while on duty. The decision was rendered in the case of Jos. B. Klein, a private of the First Regiment, I. N. G. under Indictment for the killing of Earl Nelson at Kankakee, Illinois, last August. The First Regiment, among others, was on Its way to Springfield. Ills., to quell a race war. Klein, acting as a guard or a baggage car In which ammunition was stored, and under orders to allow no unauthorized person to enter, stabbed Nelson with a bayonet when, according to his story to a court of inquiry. Nelson attempted to enter the car. Even then Klein stated, he had no Intention of harming Nelson. His indictment, however charges that the "murder" was wilful and malicious. Klein applied to Judge Kavanaugh for liberty on a writ of habeas corpus which the court refused on the ground that he has not jurisdiction. Judge Kavanaugh held however that upon the facts as presented by Klein even granting that the killing was not accidental but in the execution of orders of a superior officer no .offense against the state had been committed. In? time of domestic disorder in which the (Continued on Page 14.) E RULES AND DO IT AT THIS SESSION This Much Has Been Agreed Upon by Revision Committee Speaker Cannon Has Had a Part in Conferences Held So Far. At Least This Was Word Spread by Majority Members of Committee Disapproval of Steering Committee to Name the House Committees. "Washington, Dec. 12. One of the first things agreed upon by the members of tle Hepburn rules revision committee in the House was a plan to-, make the fight for amendment at. the present session. The work was started at once by conferences between members or the committee and Speaker Cannon and Representative "Williams, formerly minority leader, as well as between the committee and other individuals among the element favoring revision of the rules. Word was spread by a majority of the committee, which consists of Representative Hepburn of Iowa, Hay of California, Townsend of Michigan, Cooper of Wisconsin and Foster of Vermont, that the amendments would be conservative. A practical disapproval was announced on such changes as the selection of a steering committee of the House to appoint the committees and the proposal to have the committee on rules elected by the House. The outcome of the individual conferences with the Speaker Is said to have been an understanding that the entire committee will lay before the Speaker at next Tuesday's night conference on the rules the amendments that may be agreed upon. The members who" talked with the Speaker today assured - him they were his friends and that they wished to avail themselves of his suggestions. Republican Floor Leader Payne and Representative Dalzell will be consulted by the committee. The committee of "reformers" of the rules are practically united on the Hepburn amendments, which would require the Speaker as in duty bound to recognize the first person upon whom his eyes fall, instead of allowing him to arrange at the beginning of the day a program, designating members who shall be given the privileges of the floor throughout the day. (Continued on Page 14.) REVAMP HONS NEGRO SCHOOLS MUST BE GOOD AS WHITE Supreme Court Upholds Separate School Law But Says There Must Be No Favoritism . Kansas cities have authority to provide separate schools for white and blacks but the law on this subject is invalidated when the facilities provided for the negroes are not equal to those provided for the whites in the same city. This is the only restriction. The city of Parsons decided to have separate schools for the whites and blacks and constructed a fine building for the colored children. It was located in the heart of a lot of railroad tracks and because of the great danger of accidents from the numerous trains passing to and fro on all sides of the building the colored people refused to send their children to this school. SOME MORE SCHOOL LAND THAT'S NO GOOD Special to the Capital. Howard, Kan., Dec. 12. Attorney General Jackson's "opinion" on school land has certainly made business pick up !n the county clerk's office of Elk county. There is 240 acres of vacant school land In the county which the board of commissioners Is able to lease for the sum total of 117.50 a year. The principal product of this school land is "Black Jack" brush, sand stone, flint rock and now and then & tuft ot grass. Since Monday morning County Clerk Logsdon has received 1S4 letters of inquiry regarding "the school land that Is opened for settlement in your county,' and he Is beginning to wish that the surveyors had overlooked sections IS and X when" the government survey was made. He joins County Clerk Woolheater of Marlon county by saying to "just tell em we are out of school land. Poisoned at Lanehooav Vallejo. CaL, Dec 12. Several relapses were reported today In the cases of persons suffering from ptomaine poisoning as the result of having partaken of the luncheon provided after launching of the Prometheus last Saturday. Two new cases of poisoning were reported today, each being about as severe as those which developed early la the Mrs. August Rose, wife of Bandsman Rose, lies in a stupor and is being kept alive by stimulants injected into her system, the stomach being unable to retain even water. ' RUEF'S SENTENCE FOR BRIBERY HAS Will Not Know. What His Penalty Will Be for a Week Continuance of Case Was With Assent of District Attorney's Office. ft BIG CROWD IN ATTENDANCE Ruef Taken from. County Jail to Court Building in Prison Van Kept on Feet for 15 Minutes While Judge Read Record of Case. Sart Francisco, Cal., Dec. 12: Abraham Ruef, convicted last Thursday of offering a bribe, was today granted a delay of one week before receiving sentence. The continuance of the case until next Saturday, December 19, was with the assent of the district attorney's office, represented only by Assistant John O'Gara. Thomas B. Dozier of the defense based his petition for a week's respite on the ground that sufficient time had not been given the defense to prepare the motions and arguments in arrest of judgment and for a new trial. The inability of the chief counsel to appear in court was assigned as a further reason. While it was generally known that judgment would not be pronounced today there was the usual crowd In attendance at the session and there was .-o diminution of the police guard. Ruef was brought from the county jail in the prison van and was hurried to a seat between Attorney Dozier and A. Altman. his brother-in-law. Mr. Dozier made, the motion for a continuance immediately after the proceedings were Inaugurated, but Judge Lawlor declined to permit "th;s entry to be recorded and ordered Ruef to stand up for arraignment. With his hands in his pockets and wflh his gaze directed alternately towards the judge and the crowd ; behind his seat, Ruef remained on his feet almost . a quarter of an hour, during which time Judge Lawlor read into the record the legal history of every one of the hundred and six days consumed In the trial, concluding with a repetition of the jury's verdict. Mr. Dozier was then permitted to Interpose his reasons for delay and the order for continuance was officially made. A similar order was made in two other cases against Ruef before the brief session adjourned. The colored people filed application for a writ of mandamus asking that the board of education of the city of Parsons be compelled to admit colored children to the school set aide for the whites. The decision rendered by the court yesterday does not decide the case as It applies to Parsons specifically. However It does set forth a general proposition that before the separate school law is valid the colored children must have equal facilities and easy access to their school building. This would be taken to mean that the city of Parsons has spent alot of money for a colored school building which Is useless so far as Its original purpose Is concerned. BEEN POSTPONED They'll Build Women Up on Vertical Lines ' . New Spring Toggery Edict. Has Gone Forth; Size of Skirts at Bottom Will Be Greatly Reduced. Toledo, O.. Dec 12. The official edict has been issued and now a husband may picture how his wife win appear in tr.e coming new spring toggery. The ukai e went forth today from the semi-annual convention of the National Cloak, Suit and Skirt manufacturers. The main feature about the new styles for women appears to be the vertical effect given the wearers. The suits will come in csne, two and three pieces, all hlpiess, and one of the strongest features In the change will be the reduced size at the bottom of both separate and suit skirts. The official decree on styles Is as follows: Two-piece tailored suits HIpless and half fitted jackets. Cut-away and straight fronts, 34 to 42 Inches long and 29 to 36 Inches long for misses. Long, narrow coat sleeves. Skirts To be gored and of diminished PAH RAILROAD EXACTS ITS TOLL OF 11 KILLED THE WEATHER Wasalaatoa, Dee. 12 Forecast for Kiiiui Pair Saaday aatf Moadayg warmer west portion Snaday. The hourly temperatures yesterday: 7 a. m 34 8 a. m, 35 1 p. m. 44 47 49 61 4S 44 41 2 p. m.... 3 p. m.... 4 p. nru... 5 p. to.... 6 p. m.... 9 a. m 35 10 a: m.. 38 11 a. m 44 12 m.. 43 7 p. m. . Maximum temperature. 51: highest this date in 22 years was 74 in 1889. Minimum temperature, 31; lowest this date in 22 years was in 1903. Precipitation, none; greatest this date in f?2 years was .39 in 1903. The temperature averaged 9 degrees above normal. Wind velocity at 7 p. m., 10 miles from the west. Sun rose 7:34 a, m.; set 5:01 p. m. INDEX TO NE WS 1 Comic Supplemeat. 2 Letters to Santa Claus. 3 "Rib" Cane, in Early Days. Topeka has A. II. T. A. 4 Wourn'i Clubs. 5 Reporter's Last Looks. 6 Huadrrd Kaasas U'omrn. Five Extra Mall Carriers. 7 Origin of Names of Kaasas Towas and Counties. 8 Will Kaasas Make Preseat to Her Sweetheart T 0 ' Junior Capital. 10 Automobiles Part of Kansas Farm Equipment. 11 Merry Widow at Grand Dec. 23. 12 Comic Supplement. 13 Panama Railroad Claims Toll of Human Life. Getty lias Lost la First Rouad. Revamp House Rules. Ruef's Sentence for Bribery Post- poned. Adam God neld for Murder. Build Women Up On Vertical Llaes. 14 Body of Slain Woman Found After 2 Week. MacFarland Won Six-Day Bicycle Rsce. 16 Editorial. .Second1 Thoaght. -....,,. . a 17 Kannrt Interested la Retired List Blfi. .'. New Reclamation Plan. ' 18 Cost of First Kaasas primary. Three Best Kaasas Poems. 10 Kansas News. 20 Iron Rose Bible Class. 22 Society. 24 Eleven Episcopal Bishops Coming. Might Raise Mela a Bridge. 23 Last Offense of Kelly Wiped Out. Topcka Happening. North Topcka News, precedent Set Aside hy Presbyte-rlaas. 2 Jurors la Coney Trial Disagreed. To shorten shnagananga. East Side News. 27 Scene In Early Days of Toseka. 28 Markets. Capital Want Directory. IMPORTANCE OF ARMY PURCHASING STATION Special to the Capital. Washington. D. C, Dec 12. In their efforts to secure the retention of the army purchasing office at Kansas City. Kan., members of the Kansas and Missouri delegations have discovered that flour Is bought at Kansas City to the amount of J300.000 annually. Mules and other supplies and provisions are also heavy factors in the purchases. Senators Long and Curtis. Representatives Scott and Anthony of Kansas and Ellis of the Kansas City, Mo., district and Secretary E. M Clendenning of the Kansas City, Mo., Commercial club, called on the War department today and protested against removal. No definite arrangement U yet given, but It Is likely the office will be discontinued. Senator Curtis took Mr. and Mrs. J. B. Vincent of. Hutchinson and E. B. Stevens and P. T. Foley of Parsons to the White house this morning to meet the President. Miss Mary Mead of Topeka. who has been visiting Miss Dolly Curtis, has gone to Baltimore for a few days, and from there will return home. fullness with a tendency to high waisted effects. ' , f Three-piece salts Without sleeves, with net or lace, yokes, or made to be worn over waist j with hlpiess jackets, t Cutaway fronts predominating. Long, small sleeves. Tailored dresses One piece complete dresses in both princess and raised effect waists. Gulmpe dresses more particularly for misses and juniors. Separate coats nipless and emJ-fitt4 cloth jackets and with some tendency toward cut-away effects, 32 to 12 Inches long for ladles and to 35 inches for misses. Coat sleeves. Tailoring or touring coats Half fitted empire or hlplens effects, 52 to S4 Inches long. Silk and satin coats All lengths. rSVf&rte skirts similar to suit skirts. Vat show more trimming, mainly In vertical effects. Hull LIFE; II Giant Blast of Dynamite Prematurely Exploded in Canal Workings at Bas Obispo by Big Steam Shovel Which Hooked Into Wire Leading to the Dynamite. A BIG LIST OF Old Tradition Has It That Con-struction of Road With At tending Accidents, Sickness, Insurrections, etc. Costs Ono Human Life for Every Tie. Colon. Dec. 12. A giant blast of dynamite was prematurely exploded In tho canal works at Bas Obispo today. Eleven men were killed and fifty Injured. . Most of the victims aro Spanlsrds. fta lief trains were sent to the scene of the disaster and one of them returned hero several hours later bringing back the report that forty-five of the Injured had been sent to Ancon hospital. The officials on the train stated that eleven dead had been found, while many others in the gang of a hundred and twenty who were employed In the cut wera missing. It was also reported by the train men that the explosion was due to a passing steam shovel which hooked th wire leading to the Immense charge of-dynamite. Whether or not this was the cause ot the accident a steam shovel and crew, which happened to be on the scene, were practically buried under the mass of rocks and earth thrown up. Parties were soon searching for the dead and assisting the wounded. Electflo lights were set up and tonight steaaa shovels are at work removing the tons of debris. Many of the men havo been ' seriously injured, some of them probably fatally. Tradition has It that the Panama railroad cost one human life for every tie, with accidents. Insurrections and disease. The construction has not gone along with out exacting Its toll. x There have been a number of accident In the last few years, chief among which was the premature explosion of dynamite at Pedro Miguel in June, 1W7, which resulted In the death of seven men and tho injury of a number of others. Washington, Dec. 12.-o far' as official advices show there were only two Americans killed in the explosion at Bas Obispo today. 'These were John J. rMv - rnM man, of Indianapolis, Ind., and Jam a I iiummer, steam shovel crano man, of Dunnellen. N. J. Today's only one of several premature explosions oi ciynamne during the recent stages of me canai construction. HERINGTON DRUG CLERK COMMITTED SUICIDE Special to the Capital. Herlngton. Kan., Dec. 12. Ross II. Beam, unmarried and aged about SO years, committed suicide at 11 o'clock today In the drug store where he worked by cutting his throat with a razor. He had been in 111 health f for some time and was despondent. Free Deafaess Care. A remarkable offer by one of ths leading ear specialist In this country, who will stwi two months' medicine free to prove bis ability to cure Deafness, Head Noises and Catarrh. Add rem Dr. O- M. Branaman, 123 Walnut t.. Kansas City, Mo. Special Reduced Rate for the Capital Special arrangements havo been made whereby two special representatives will cover every session f the State Legislature excluslvs-I; for the Dally Capital. 'This will bo the best service offered by any paper. Tou can't afford, to miss the dally reports of the doings of the Kansas law makers. - For a short tims only, ws offer to send y f The Capital by Mall Until March It, ltW, I for 75c This offer is open for new subscribers only. Tell your friends they may accept this offer. In cljbs of t ivo or mors, only CI ' cents esch. ; : X . . v -' . ... Sign your nam below and return this coupon at one: Same Address INJURED

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