The Iola Daily Record from Iola, Kansas • 1

IS WrP THE IOLA DAILY RECORD Volume ix. number 2. IOLA, KANSAS, TUESDAY EVENING, JANUARY 8, 1007. EIGHT PAGES THE WEATHER. MUST SALUTE NATIONAL AIK SAYS CITY MUST PAY LODGE WINS A POINT GOV.

HOCHS MESSAGE Forecast for twenty-four hours ending at 7 p. Wednesday: Chicago, Jan. 8. For Kansas: Fair and colder tonight; Wednesday fair. GOSHORN FILES MOTION WANTING TO KNOW.

SENATE WILL NOT QUESTION PRESIDENTS AUTHORITY. IT WAS READ TO LEGISLATURE THIS AFTERNOON. Local Temperature, SAYS SUITS ARE PRIVATE CASES MADE A STRONG PLEA IN SENATE New Army Order Regarding The. Star Spangled Banner. Washington, Jan.

8. The nrmy regulations have been amended so as to provide that whenever Tho Star Spangled Banner is played by the band on a formal occasion at a military station, or nr any place where persons are present in their official capacity, all officers and enlisted men present shall stand at attention. Even if not in the ranks (hey shall render the prescribed salute, the position of the salute being retained until the last note of the national air. PROSECUTE THE LIQUOR FI GILT Oust or Suits Against Mayor and Comiciliuen Wore Up in Court Today. Committee That Investigates the Brownsville Affair Will Not Go Further Into Matter.

Wants Banking, Insurance, Separate Schools, Two Cent Fure and Equal Suffrage. ored children, us a solution of the race question. In the colleges of (he state out of 11,448 students, but 120 are colored, while in the penal institutes 30 to 4 0 per cent are colored. A state hospital for inebriates ia advocated. Aid to private charitable institutions is advocated.

The creation of a sinking fund of a million dollars to protect bank depositors from loss is all (he banks to contribute until the million is obtaiend. Quarterly examination of the state treasury by experts is favored instead of the present dead letter law of monthly examinations. He favors traveling libraries and art galleries as advocated by the womens clubs. He favors equal suffrage and says the word male has no proper place in a modern state constitution. Jle says the penitentiary binding twine plant will pay the expenses of the penitentiary if all the farmers W'ould buy twine made there.

He favors the withdrawal of school lands from the market until their real value cun be obtained. TO SUE FOR SLANDER HE KILLED TWO ANI) HIMSELF Washington, Jan. 8. Whether thQ president exceeded his constitutional authority in the Brownsville affair will not he among the questions to ho inquired into by the senate committee on military affairs when it investigates the charges against the colored soldiers. To this extent Senator Lodge wins and Forakcr loses.

Mrs. Tinker to Claim Big Damages From School Board and Individuals Will Fight On. Triple Tragedy in Seattle Last Night Alter a Quarrel. Seattle, dan. 8.

E. M. Turner, a prominent lawyer and miner, was shot and killed and Andrew Russell, a saloonist, was also shot last night by Captain Emmons, a tobacconist. After the shooting Emmons, while before a mirror, killed himself. The men had been quarreling.

THE GOLD MINERS WIN STRIKE Washington, Jan. 8. Quoting the supreme court as saying on tho question of the right to suspend law to meet an emergency that such a doctrine leads directly to anarchy, Senator Foraker yesterday strenuously opposed the Knox resolution, introduced in the senate by Mr. Lodge, providing for an investigation of the Brownsville affray, but. by silence DEMOCRATS TO HELP Ended by Concession of Do Wag.

Scalo Asked. Goldfield, Jan. 8. The miners and owners have reached an agreement which will probably oiul cenceding the right of the president the strike. The operators have agreed to an increased wage scale.

Willing to Join in Electing Senator, if Man That Suits Them is Nominated. Mrs. Mabel C. Baker, whose certificate to teach sdhool in Allen county was revoked by the board of county examiners last night, will bring suit for heavy damages for slander against the school hoard of Diamond district and will also include the names of several individuals in that district asking them "all to pay her big sums of money. She claims that tho talk which has been going the rounds of the district for some time has been slanderous and false and that every person who has given voice 1o it and spread the slander has done her a harm that, can only be rectified by the payment of compensatory damages.

She was in iola today and consulted with a lawyer who was employed to bring the slander suits. She is now looking up evidence in the case and tho affidavits presented to the board of examiners may he used in evidence, although few of them contain anything that would be prejudicial to her beyond the fact that they state that she is not, in their judgment, a proper person to teach school. Few of these affidavits state any reason for believing that she is not. FAVORING PROHIBITION Topeka, Jan. 8.

The Democratic caucus has expressed a willingness to join in the election of a Republican senator if one is put up that suits. They want a ballot in open session. The senate has nominated W. S. Fitzpatrick as speaker pro tern.

Oklahomans Favor State Wide Con-stltiitionnl Provision for Temperance Laws. aI- J. B. Goshorn, attorney for Iko Cannon, In the ouster suits which he brought, against the mayor and city council-men because of the fact that they have taken free water and gas, and lights argued a motion in the cases this afternoon in district court, aimed at the attorneys who appear in the cases. He states that they have been employed to defend them from the charges of taking water, lights and gas freo and lie contended that the city had no right to employ counsel to defend private individuals.

He held that the suits were directed against them as individuals m'i not, as councilmen. Tho acts complained of were done by the coun-ciimen outside of their official duty and they Could not take, he said, city money to pay for their private defense. In answer to the motion Mr. Morse stated that they were appearing as counsel for the councilmen. He and his co-counsel had advised the members that they didnt believe that public money could be tippro-priated to pay for their defense.

What they intended to do about the matter he was unable to say. It would be time enough to make tho motion when a bill was put in before tho council fdr services rendered. Then he could take action to prevent it. The defense filed a motion similar to the one they filed some time ago asking that the causes of action bo separately numbered and stated so that they might demur to the petition. Tt is that the charge which sition.

It, Is that the cnargo whch might lie against the old councilmen does not lie against tho new ones. In other words there might be some question about what would happen to those members who had voted to give themselves free water, gas and lights. But there was no question but that, the new councilmen, although they had done exactly the same thing, were exempt from ouster suits because of it. Mr. Goshorn combatted this proposition.

He said that the mere fact one set of councilmen had passed the -resolution and tho following ones had taken advantage of it did not. relieve them of the charge. They were as guilty, he said, as though they had participated in passing the resolution. There is the question. Foust took the matter under advisement.

Mr. Goshorn stated that he wished to have an early hearing of the case. PROFESSORS TO BE PENSIONED to discharge the negro soldiers There can be no doubt, whatever that the power of summary dismissal was inherent in the office of cora-mander-in-chief when the president, was invested by the constitution with that office and there has never been any attempt on the part of congress to prevent or interfere with the exercise of this authority. said Senator Lodge, speaking in support of the Knox resolution. If the commander-in-chief is unable to dismiss from the army tie soldiers whom he regards as dangerous to the service and to military dicsipline, without furnishing proof which would convince a jury, military discipline would be at an end and the army of the United States would become a menace to the people of the country.

"Tho law, the constitution the statutes and tlie uniform practice are so clear as to the right of the president to terminate the contract of enlistment and discharge soldiers at pleasure that it seems a waste of words to any one who has read the statutes to argue it at all. Since 1880 the manufacture and sale of intoxicants except for medicinal, scientific and mechanical pnrKses hus been prohibited by the coiistitii-tion of this stale. Theoretically, the wisdom of this policy lias never been seriously questioned, for the logical attitude of government toward every recognized evil is (hat of prohibition. The decalogue, which in il.s majestic sweep includes every form of mil, is a prohibitory rode and an infallible guide. Thou slialt not is tho proper attitude of government toward every recognized evil.

That the saloon is an evil is now almost, universally recognized. Not a single good tiling can lie said of the saloon. It is everywhere and always an enemy to society and to good government: it is a disturber of the peace; it is a promoter of strife; it is a fruitful source of crime; it is tho devils best recruiting camp: it imposes more burdens of taxation upon tho people than any other agency in existence; no human interest is sacred to it; it voluntarily obeys no laws; it desecrates the Sabbath, and refuses to close its doors on this holy day except when a policeman with righteous orders from some courageous mayor is on that beat; the Fourth of July appeals not to its patriotism, for it has none; it debauches childhood, in defiance of the law against, selling to minors; it makes day lurid with its profanities and night hideous with its orgies; it is everywhere and always an anarchist. Every license law, high or low, every law to which reference lias been made above, is proof of popular estimate of its baneful character, for no such laws restrict and restrain legitimate business. Our prohibitory policy is nbt, I repeat, questioned as a matter of principle.

Its wisdom is only questioned as a matter of expediency. is tho battle-ground of thought on the subject. But I must ever believe that, in the final analysis, wrong, alone, is inexpedient and that ultimately some means can always be found to make any right thing practicable. Relatively (and everything is relaiive in this world) tho prohibitory policy lias been a great success in this stale. Tt has been a grent benefit educationally, morally and financially to the people.

Tlie enforcement of this, as of other laws, rests primarily, under our statutes, upon the local authorities. I agree witii Governor Martin, who, in tlie same speech from which I have already quoted, said: Whenever or wherever tlie laws are not honestly enforced the local judiciary officers that is, tlie county attorney and sheriff are the responsible parties. It is practically impossible for anyone to sell intoxicating liquor as a beverage in any town or city in Kansas if the county attorney uiid sheriff of the county do their duty. These officers, cooperating together, can make the illegal sale of liquor impossible. Guthrie, Jan.

8. The standing committee on railroads has recommended to the convention for the incorporation in the constitution of a two cent railway passenger faro and a fellow servant clause. State wide prohibition is offered as constitutional provision. A congressional memorial was introduced asking the removal of the restrictions from all lands exception full blood Indian homesteads. FLOWS EIGHT MILLIONS Rockefeller Plans $8,000,000 Fund for That Purpose.

Chicago, Jan. 8. Announcement was made today by the University of Chicago trustees that John D. Rockefeller would in the near futuro endow the university with $3,000,000 for tho purpose of maintaining a fund for pensioning superannuated professors of the institution. The exclusion of the University of Chicago because it is a denominational school, from sharing in the Carnegie pension fund, Is said to have caused Mr.

Rockefeller to decide on a pension fund of his own. Citys New Gas Well on Wilson Place Better Than Expected Enlarges the Field. PEG BUTLER WANTS PAIR PANTS KNOWLES WAS HELD ONE DEAD JN SOUTHERN WRECK Negro Corporal Will be Investigated by Grand Jury on Charge of Shooting. Train Ran Into an Open Swith Two Badly Injured. Atlanta, Jan.

8. A Central railroad wreck this morning caused one death and two persons were probably fatally injured. The train ran into an open switch. Has Become Religious and Old Ones Mbre Holey Than Righteous. The pair of pants which Peg Butler u'os to conceal his nakedness are more holey than righteous.

Peg had worn them some time he was committed to jail about two years ago and they have seen their best days. He hasnt much to do in jail but sit down and the pants will not stand any more of that sore of work. Jailor Kingsley was his representa tive before the board of county com missioners today asking that the commissioners get him a new pair. One of them suggested that they get him a pair of overalls but they could not find any one-legged overalls in town and will probably have to take a two-legged pair. The discovery of an eight million gas well by the city Sunday on the Wilson farm enlarges the gas field to a considerable extent and gives rise to the belief that the gas field extends in a westerly and northerly direction perhaps many miles from its present defined limits.

The well was drilled in what was believed to be wild cat territory and the city had little hopes of striking anything better than a small well. The discovery makes their gas supply for the winter absolutely sure now. Today the well was measured and it ran almost eight million cubic feet with a rock pressure of 2 80 pounds to the square inch. From the pressure and volume it. seems certain that the well is not connected with the old gas field from which drawing has been on for some time.

WOULD CLOSE SCHOOLS El Reno, Jan. 8. Corporal Knowles the negro non-commissioned officer of company A 25th infantry, who was arrested Monday charged with shooting Captain Macklin, in his hearing before the federal commissioner, explained that the wound in his arm had been caused by a splinter. The cartridges in the bloodstained jacket however, correspond in size to those used when Macklin was shot. Knowles appeared in the garrison twenty minutes after the shooting.

He was held to the grand jury. WOODARD GOT A YEAR Congressional Action to Control tho Schools Would Mean Admission of Blacks. NEW BRIDGE OR NO MORE MAIL Given an Indeterminate Sentence of From One to Ton Years by Judge Foust. SUMMONED 12 MORE JURORS ED. FULLER WAS CAPTURED Washington, Jan.

S. Senator Ev-erman, of North Carolina, in a speech today declared in favor of child labor. He said also that if congress should legislate regarding education in the states and undertake to administer upon and control tho schools it should make a law which would require that black, white and Japanese children be admitted to the same school. This he said would shut the door of every school in tho south and the extreme western states, besides causing bloodshed 'and riot. Fugitive Piqua Burglar Taken Prisoner at Hartford.

Judge Foust this morning sentenced Amos Woodard the young colored boy arrested for forging checks on Hanley Ritchie to from one to ten years in the penitentiary. His punishment shall not be less than one year nor more than ten years. If he behaves and can get his case to the attention of the parole hoard he may get out in one year from his entrance to the penitentiary. Woodard has been three years reaching the penitentiary. Ho was convicted of the crime and was in Jail awaiting sentence when he escaped tind wasnt seen until he was asted in Moran the other day af-he had stolen a raggedy coat VP.s Fi Residents of Geneva Township Are Up Against There is a petition before the board of county commissioners for a new wagon bridge over Martin creek in Geneva township.

The petitioners say that unless it is granted and built at once that the rural mail for that section of the county will be stopped. The rural mail inspector has visited the route and says that the mail carriers need not carry mail in that section and that he will stop the route. The residents there do not want their mail cut. off and they ask the commissioners to hurry matters along. The establishment of the rural service has already cost the county a lot of money in fixing up the roads and in building new bridges and promises to cost them a lot more.

The government is not in the habit of fooling with had roads and they are going to make no exception to the one in Geneva township. FIGHTING OVER A NEW ROAD Emopria, Jan. 8. Edward Fuller, of Lyon county, wanted for breaking jail by the sheriff oi Woodson, was captured at Hartford last night by the sheriff there, Stephen Hinshaw. Hinshaw went to Hartford, which was formerly Fullers home, and found the man in the upper story of an office building.

Fuller had barred the ii.ron doors on the inside of the house, but. Hinshaw got a crowbar and pried the doors off. The Woodson county officers had been trailing Fuller with bloodhounds. Court Prepared to Keep the Justice Mill Grinding. Judge Foust seems determined that his factory shall always run to its full capacity while it is working.

He would rather have the mill lie idle for half the year and run it to its heaviest capacity for the other half than to grind slowly for the entire year. Today when The court convened he didnt wait for the jury to be summoned. He ordered a special venire of twelve more jurors to be summoned at once so that they can be here tomorrow to help push matters along. There Is to be no waiting because all the jurors are engaged in a case or disqualified. Enough jurors are to be present to care for the entire business.

The twelve men summoned this morning were: Fred Horton, H. C. McNeal, J. D. Thom, William Marks, F.

W. Fitzgerald, Iola city; W. E. Fisher, Humboldt; O. B.

Miller, Geneva; W. C. Sproul, Iola township; J. Jones, Elsinore; C. Cummings, Gas City; H.

C. Frederickson, Osage; W. F. Plew, LaHarpe. a preacher in that town, MAY REDUCE P.

0. BOX RENT Old This is the man arrested recently for robbing the Sicka store at Piqua and who broke jail the same night. The Record has already told of Fullers one wild night here, presumably one Ills stolen money. PYTHIANS ELECTED DELEGATES Delegations to Appear Before tho Board Today. Several delegations of persons Interested in the Carpenter road in Geneva township were to have appeared before the commissioners today to protest against the amount of money they had been allowed by tho viewers on the so-called Carpenter road in Geneva township.

The viewers allowed Chas. Carpenter, $87; D. Ensminger, $67; Dr. A. J.

Fulton, $156. Dr. Fulton and Mr. Ensminger both objected to the sum and wanted more. Before they could be heard the board had approved the recommendatR of the viewers and ordered the road opened.

The board has other troubles this term. There are two Elsmore roads that come in for consideration and delegations will be here tomorrow to represent their wishes in the matter. MAGCABEE SMOKER TONIGHT Officers for Coming Year Installed at Meeting Last Night. The Knights of Pythias held their annual installation last evening in their hall. After the officers were in-sailed the matter of electing delegates to attend the state assembly which will convene at Wichita some time in May was attended to.

The delegates elected were: Chris Rit ter, John Goshorn and W. S. Thomp- SAYS SMITH DIDNT SUPPORT HER Topeka, Jan. 8. After the senate and house had met and organized today, both adjourned.

The house reconvened at 3:30, when Governor Hochs message was read. The governor said, in part: The governor referred to the unprecedented prosperity of the state as shown by the fact that not a bank failure had occurreid In the past two years. During the tame period the deposits increased from 32 to 110 millions, a per capita of $90, three times that of tho country. He recommends the enactment of a primary election law as the best form of representative government. He favors railroad regulation, the cutting off of passes and a two-cent fare, on the theory that the increased business would make up the deficit to the roads.

He also referred to the difficulty of Kansas rate regulation. due to the rates being figured from Kansas City, and therefore classed as interstate commerce. He favored basing the rate to Kansas City, Kansas. The tax problem is still unsolved The hank reports show that there is $140,000,000 on deposit, but the assessors found but five millions for taxable purposes. He declared for a rigid enforcement of the prohibitory law, both as a wise economic law and as a form of law proper to the government, as evidenced hv tiie ten commandments.

He said the campaign had been waged with his approval and that the cities admit now that revenues from joints are a loss and not a gain. Kansas City, Kansas, he declared the largest city in the world without a saloon. Tho law has never had a fair trial, the state betng surounded by whiskey states and the officers troubled as a farmer who seeks to clean his field of weeds when all the adjoining farms are allowed to breed seed to blw upon his land. He declared that the enforcement depends on the sheriffs and county attorneys, aided by the district courts. He favors higher salaries for ail Judges and freedom from political and business entaglements.

He Is opposed to fraternities In high schools. He favore state Information bureau to give oat Information about the state and her neeouroes. Kansas City Gets Word That Rates Will Stand. A story in the morning papers aroused a brief hope that the post-office rent was to be reduced to the former fiugres, but inquiry at the office failed to develop any grounds for such a hope. The loca" officials have had no word of any proposed reduction.

The Kansas City Journal this morning said: "The recent order from the department at Washington doubling box rents has been rescinded so far as Kansas City is concerned, through the representations of Post master Haris. While it is probable that similar orders will be made in the ease of other cities, Kansas City ik the first to be thus favored. The Id rates are thus restored and the money paid in excess thereof will be refunded. It seems strange that the department should reduce tne rents at one place and not at all places and there is still hope that the rather shocking advance made here will be amended and the old rental son. MCLAIN BUYF THE ENOCH HONE Macabees and Friends to Hold An-nual Celebration.

The annual smoker given by the members of the Maccabee lodge for thfr fellow lodge workers and friends will occur tonight at the Macabee hall. Large flaring invitations telling of all the times in store for those who attend have been sent to about three hundred men of the city. Each member is entitled to bring three friends and all are taking advantage of the opportunity. Speaking hv prominent lodge of the state, a large banquet afterward and a lot of cigars is tho program scheduled. red ood The commissioners have refused to take up any other subject than that of allowing bills against the county for the present.

They want to get that off their hands first before taking up the controverted matters. They have spent almost the entire day auditing and allowing bils. Salvation Army Sian Arrested for Failure to Support. On a warrant sworn out by his wife Chas. T.

Smith wns arrested in Justice Houghs court last night charged with failure to support his wife and three small children. The officers went to the house and made the arrest. They declare that Smitr; showed them an ahundance of grub ii the house. Smith gave bond for $50 for his appearance for trial Thursday. Smith is a prominent member of the Salvation Army.

He says the arrest is because hi3 family wished to move to Missouri and thought they could get him in jail. The trial of W. A. Dawson charged with the murder of Lindsay at Humboldt last fall may not be held this term of court It is said that the defense will file a motion asking for a continuance. They have motions SAYS HE SOLD MORTGAGE DR.

FITZPATRIGK WAS GUILTY I)r. Enochs Will Not Leave Iola- Wife Hasnt Tuberculosis. Dr. E. L.

Enochs late yesterday afternoon sold his residence property at 502 East Jackson avenue to Baxter McClain. Dr. Enochs intentions were to leave Iola in the near future and locate in Utah, but ho received a telegram from thatp lace yesterday which broke into his arrangements so that he has no plans for the future. Dr. Enochs requests the Record to correct a misstatement which appeared in an evening paper yesterday.

He wishes It stated that his wife has not now nor never had the slightest symptoms of tuberculosis. She has been in poor health for some time which was the doctors only reason for leaving Iola. He will not ve Iola In the next few days, but will remain In the city for several months and may poaalbly continue the practice of medicine here. Ho Ed Oshell, the young boy who was OeoBaxiey th9 nrir attacking the plead- Aivisted for This Offense. to ings and if these are overruled they mav file the motion for a continuance.

The state seems not to be overly anxious to try the case now. rerently anested charged with steal-1 ing copper wire from the Iola Portland, was brought into court today to answer to the charge. There was some talk that he was to plead guilty but he set all that at rent by promptly answering that he was not guilty and that he intended to fight the case to a finish. His trial will coma off this term. On complaint of Henry Waters Geo.

M. Baxley was today arrested charged with selling eight head of cattle which Waters claimed to have a mortgage on. Baxley Is a tenant on Waters farm north of town and there is a suit now pending concerning rent matters. Waters says that Baxley sold the cattle complained of without his 6 ho wants Judge Potter Fined Him 85 Costa, Which He Paid. Dr.

Fitzpatrick, who was arrested yesterday on complaint of W. M. Knapp, charging the doctor with us-Ing theatening language to him, was before Judge Potter this morning and pleaded guilty to the charge ind was fined 15 and costs, which paid and was released. Mrs. Shadwlck Bl.

The frtends of Mrs. G. W. Shadwlck will regret to learn that ehe le quite ill and that tears are felt tor her. She haa been ill Elks dance tomorrow night.

Wia. He favor eRUacobooleioiweoK of hie property, the.