The Topeka State Journal (Topeka, Kansas)
January 7, 1908

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EVERYBODY EVERYBODY 10 PAGES 10 PAGES READS IT. NEEDS IT. M,0 LAST EDITION. DATE JANUARY 1 6 Special Session of the Legisla ture Is Called. Governor Hoch Fixes Time for Next Week. IS NOT UNEXPECTED. Has Been Anticipated for Some Time. Executive Spends Morning Working on Call. EXPECT LIVELY TIME. Generally Believed Bank De posit Bill Will Be Passed. Primary Measure Also One in Which Interest Centers. Governor Hoch has called a spec ial session of the legislature to be convened on Thursday, January 16. Following is the official call: Proclamation. Whereas several matters of gen eral state, importance, urgent in their nature, require legislative action at this time and create an emergency re quiring the convening of the legisla ture in extraordinary session. Now therefore, I, E. W. Hoch, gover nor of the state of Kansas, by virtue of the authority vested in me by the constitution of the state, do hereby convene the legislature in extraordinary session to meet at the capitol of the state at the hour of 4 o'clock p. m.p on Thursday, the 16th day of January, 1908. In testimony whereof I hereunto subscribed my name and caused to be affixed the great seal of the state of Kansas. Done at the city of Topeka this 7th day of January, 1908. E. W. HOCH. Governor. C. E. DENTON, Secretary of State. J. T. BOTKIN, Assistant Secretary of State. Announcement Made at 11:30 a. m. The announcement of the special session did not create much comment around tha state house, be cause it had been so thoroughly anti cipated in the published reports con cerning the probable action of the governor. The first announcement of Gover nor Hoch's determination to call the session was made by Governor Hoch I himself, when he came down to, his of-: flee about 11:30 this morning. He had spent the entire morning at the executive mansion, presumably pre paring his statement. As soon as he came to his office, he was pounced upon by the newspaper men, and asked concerning his decision. "I have decided to call a special session of the legislature," was the governor's statement. "When?" was the xnc question. "I have not decided on the exact date. I wish to consult with a few parties about the date before making the announcement." Governor Hoch stated that he would be ready to make a. definite statement concerning his plans early in the af ternoon. When it became generally known about the state house that the call would be issued, a simultaneous sigh of relief went up. Things have been on considerable tension for a week or more, and while the belief has been growing stronger every day that the session would be called, there were etill a few state officers who insisted to the last that the governor would turn down the whole thing. Even be fore the governor came to his office this morning, some of the people sup posed to be close to the governor said that when the governor did appear, it would be to bring a formal written an nouncement that there would be no special session. Some of the governor's best friends ay that the governor himself was not decided as to what he would do until late Monday afternoon, though he had come very close to reaching his decis ion last Saturday. One thing which went a long ways In Influencing the governor was probably the late returns from certain members of the state senate. Senator Hamme came to Topeka Monday, and declared himself in favor of the guaranty de posit bill and the direct primary bill. It is said that Senator Porter, of Mont gomery, was heard from favorably on these propositions. Senator Porter has just returned from Europe. Several other senators, it is said, lined up the way the governor wanted them to, and this caused the governor to determine to call the legislature together. CVVill the Convention Be Overturnwl The calling of the special session will throw political affairs Into the air. It may be that the legislature will push through a primary election law, com pel the Republican state central com mittee to cancel its arrangements for a convention, and cause a general over turning In the present political outlook. The legislature might, in its infinite wisdom, decide that a primary election law should be made opera tive immediately on passage and publication In the official state paper. If such a course were adopted, the law would be in effect be fore the state convention could be held. On the other hand, if the "machine" crowd v found that it was not strong enough to prevent the passage of a pri mary law, It would tight with renewed vigor to make the law take effect at come distant time in the future say January 1, 1909, as was done in the case of the anti-pass law. The ok' senate lodge might pull itself together enough to secure such a concession from the direct primary advocates. The present indications are that the primary law the kind originally pro posed In the house by W. R. Stubbs will be introduced In the senate, and passed; that it will be sent to the house and that there will be a serious fight made on the law before that body, the Democrats joining with the machine Republicans to defeat the bill. The Democrats will try to force Stubbs and his friends to inject the "secret ballot" amendment, so obnoxious to the Repub licans. Stubbs and his friends will re cuse and the machine crowd will line IP with the Democrats to bring about TUESDAY EVENING. the defeat of the bill in Its original form. The situation which was presented at the last session will be exactly reversed. Instead of joining wth Stubbs and the radical square dealers to pass a pri mary law, the Democrats will Join with the machine to defeat a primary law. The secret ballot amendment which the Democrats forced the Stubbs crowd to adopt provided that a man present ing himself to vote at a primary did not need to declare which party he would support. AH parties were on ona ballot. The Stubbs people consented to this amendment because it was the only way to get the bill through the house, and their expectation was that the senate could be forced to cut out the amendment and send the bill back to the house in its original form. This the senate refused to do. and adopted the Fltzpatrick bill Instead. F. B. Wheeler of Pittsburg, a radicat anti-primary man, and representative of Crawford county in the house, is in Topeka today. "I got here too late to use my influence against the session." he said. "But in my judgment, there will be no primary law enacted. There will be a deadlock Just as there was before." What May Be Done. Here are some of the things which are likely to be dragged into a special session of the legislature. Guaranty deposit bill. Primary election bill. Amending the taxation law. Bill fixing freight rates under schedule proposed by railroad com mission. Bill repealing the mileage book law and substituting fiat 2-cent fare. Legislative reapportionment bill. Bill repealing the anti-pass law. Amendments to prohibitory law. Appropriation for new engines at power plant. Increase in appropriation of $10,000 for rebuilding east steps of state house. The guaranty deposit bill and the primary election bill will probably be passed in some form. The amendment desired In the taxation law is a provision limiting in some way the levies to be made under the increased valuation. In West Vir ginia the legislature enacted a law similar to the Kansas law, and pro vided that for the first year, the board making the levy must so limit the levy that not more than per cent more money shall be raised than during the year preceding: that during the sec ond year, the limit of increase should be 4 per cent. After the second year it was thought that the legislature might have sufficient knowledge of the situation to pass a law fixing definitely the limit of the tax levies. A similar law will probably be passed if a special session ia held here. There is not much doubt that sev eral members will try to push through a bill adopting all the freight rate schedules which the railroad commis sioners have drawn up and are now trying to force the railroads to adopt. This may precipitate a general fight on the freight rate proposition. The railroad commissioners will probably not like to have their schedule brought before the legislature, be cause it will be subject to much critir clsm and attack. The bill repealing the mileage book law and making a flat 2-cent a mile rate will probably not meet serious opposition, as the railroads have al ready adopted the 2-cent fare, pend ing a test in the courts. There are several prominent amendments to the prohibitory law. Attorney General Jackson wants to restore the old inquisitorial powers of the county attorney, which he still possesses concerning gambling but does not possess concerning Joints. It is also expected that a bill will be presented prohibiting druggists from selling liquor except on a druggist's prescription. The legislative reapportionment bill is not likely to make much stir, though there is a strong demand for it from western counties. The appropriation Tor a general overhauling and reconstruction of the engines at the state heating plant is necessary. The executive council has exhausted its funds in patching up the old plant, and it is still so crippled that the elevator at the state house can not be operated. The $10,000 appropriation for re building the east steps of the state house was held to be Insufficient, and it is still in the state treasury. The legislature would probably be asked to reappropriate that $10,000 with $5,000 more, making a total of $15,000 for rebuilding the steps to conform to the north and south steps. It is possible, but not probable, that an appropria tion would be made for rebuilding the entire east wing of the capitol building to conform to the newer portions of the building. BOX NEARLY FULL Work of Securing the Thaw Jury Progressing. Eleven of Required Number Passed for Cause. New Tork, Jan. 7. With nine Jury men provisionally selected, one hundred new veniremen reported to Justice Dewling in the criminal branch of th3 supreme court this morning for duty in the case of the people against Harry Kendall Thaw, who Is charged with the wilful murder of Stanford White. While there were nine jurymen in the box this morning that is no sign that there will be even that many when court ad journs tonight. The nine men have been passed for cause, by both sides, and accepted by the court, but the prosecution and the defense in the casa each have thirty peremptory chal lenges, all of which may be-exercised. Tin-i6 after time, while the Jury was being selected for Thaw's first, trial the Jury box was filled when one side or the other exercised a peremptory chal lenge, thereby vacating a seat. Of so much importance is the case one side is fighting to inflict legal punishment on a man accused of murder, the other is battling for the life of that man that it is hardly likely that either side will be satisfied with a jury until all of Its peremptory challenges have been exhausted. Of the 300 veniremen sum moned, 100 of whom reported yesterday 100 today, the others under order to re port tomorrow, not one has escaped close scrutiny from detectives repre senting both sides of the case. The dis trict attorney has been over the list carefully and his detectives have look ed up the records of all of the men summoned. HOGH CONFIDENT. Legislature Will Pass Primary and Bank Bills. Corrects Statement Concerning Mr. Bidgeley's Attitude. WHAT HE DID SAY. National Banks May Accept Guaranty Deposit Law. Hopes Work Will Be Done in Ten or Fifteen Days. Governor Hoch signed the proclama tion for the special session at 2:15 o'clock. He then called the newspaper reporters into his private office and said: "I have studied this matter with great care, and have taken counsel from everybody that I could reach. Without mentioning any names, I feel confident that the guaranty deposit bill and the primary election bill will both be passed. I telegraphed each member of the senate, and can say that the guaranty deposit bill will have a hand some majority In that body. I did not telegraph the members of the house, be cause there are so many of them, and I already knew pretty well what the house would do. "When I say that I believe that a primary election law will be passed, I mean a real, state-wide primary, not a substitute. I do not care whose name the bill bears, but it must be a direct primary for all state officers. Whether such a law should be made to take ef fect before the time fixed for the Re publican state convention is a matter which I do not care to discuss. "I practically decided to call the special session on Saturday. But I wanted to find out what the attitude would be of the comptroller of the currency toward the guaranty deposit law. It had been reported that Mr. Ridgley would not allow the national banks to avail themselves of such a law. I telegraphed to Mr. Ridgley, and received word that he had made no such ruling; that the matter had been submitted to the attorney gen eral, and had been referred back to his department. I then communicated by long distance telephone with Gov ernor Haskell of Oklahoma, and found that a committee of national bankers from his state had gone to Washington to see the comptroller about the law as enacted there. This morning I received the following dis patch from Governor Haskell: National Banks Can PWrttolpate. 'In Saturday's Wall Street Jour nal, just received here, is the following' Washington special: "Comptroller Ridgley has decided that national banks in Oklahoma may accept the provisions of the state constitution for the protection of depositors, but are not required to do so." C. N. Haskell.' "Of course that was good enough for me. It isn't necessary for the na tional banks to be obliged to take ad vantage of the law; that is a matter which rests with themselves. I felt sure, however, that the federal gov ernment could not step In with a rul ing which would be so disastrous to national banks. Can Finish In 10 or 15 Days. "Now there is one thing that I hope the newspapers will help me to do. I hope they will help me to get this legislature to get right down to business, finish up what is to be done, and go home. It should not require more than ten or fifteen days to do what is to be done. This is all old straw to be thrashed over there is nothing new to come up. There Is no reason why the session should not be a pleasant, harmonious and speedy one. It will get out of the way a lot of questions which might bother us In the national campaign. The en actment of a guaranty deposit law will take the money question out of the campaign so far as Kansas is concerned. The primary election law will remove that question from poli tics." Governor Hoch will issue, late this afternoon, a formal statement setting forth his reasons for the special ses sion, and outlining the work which he "hopes to accomplish. MONEY IS MOVING. Large Increase Shown in Shipments to Chicago. Chicago, Jan. 7. That the movement of currency back from the country has reached fair proportions is shown by the figures on the shipments and re ceipts of the principal Chicago shipping banks In December. Their receipts In the month from country points aggre gate $5,593,320, the largest for any month in the year, 1907, excepting Jan uary. This, figure compares with re ceipts of a little more than $1,000,000 In November, 1907. and with receipts of $3,963,000 in December, 1906. CLOUDY BIT PLEASANT. Weather Still Anything But Hke the Winter. Simultaneously with the announce ment of the manager of the gas com pany that the pumping plant at Sclpio Is completed came a cold wave and a drop of several degrees In the tempera ture. Now that the residents of th city are assured plenty of heat In case of a cold spell they are anxiously await ing a change which will bring a real tinge of winter weather. There has been little if any sunshine today in this locality though the map of the central portion of the United States indicates clear weather with plenty of sunshine and the condition which prevails in Topeka is purely local The wind is blowing from the north west at the rate of 15 miles and the prospects are that tomorrow will be fair with a slight drop in the tempera ture. The following were the tempera tures iur luuay 7 o'clock ...29 11 o'clock 46 12 o'clock 49 1 o'clock 47 t o'clock 47 8 o'clock 32 9 o'clock 38 10 o'clock 42 TOPEKA, KANSAS, JANUARY 7, 1908. ALL PRIZE BIRDS. Array at State Poultry Show Is Bewildering. Orer Fire Thousand Feathered Aristocrats There. NOT A POOR ONE IN LOT Fauciers Say Exhibition Is Best on Becord. All Freaks Have Been Elimi nated Tnis Year. The cacklefest given by. the Kansas Poultry association is In full blast at the auditorium and It is a bigger, nois ier gathering of nobility from the fowl kingdom than the management of the affairs even anticipated. Monday morn ing the cages resembled long rows of one story buildings but the superin tendent since that time has been com pelled to add one or more stories to the cages and they have now assumed the proportions of a business block. The fact of the matter Is that nearly every inch of the 25,000 square feet of floor space in the auditorium is now in use and almost every train brings in more crates of fowls. It was the inten tion to have the cages of fowls two deep and two stories in height but the archi tect has already been compelled to change his plans by adding another story. Counting the pigeons as part of the exhibit there are between five and six thousand fowls in the building at this time. The judging commenced this morning and. will continue throughout the evening and a part of tomorrow though the judges hope to have their task completed by noon Wednesday. The judging of the chickens, ducks, turkeys and geese is in the hands of C. H. Rhodes of Topeka, J. J. Atherton of Emporia and C. A. Emery of Carthage, Missouri. W. H. Muir of Chicago will affix the ribbons In. the pigeon depart ments. Many of the entries made consist of from ten to sixty birds and one entry from Topeka placed in position this morning contained 61 birds while anoth er from out of tovfrn passed the half hundred mark. Sonje of the birds were a little late In arriving though the show will be complete by opening time this evening. The admission charge has been placed at ten cents,, the same as it has been since the .jbrganisation of th association and this money is ap plied to the premium list as the affair is not a moneyi making venture. Chicken shows in ,the past have al ways been well patronized' in Topeka and the indications re- that the crowd of fanciers will be larger than ever this year. The first .thing that impresses a visitor after he has viewed the im mensity of the exhibit is the quality of the fowls on exhibition. "There is not a poor bird in the lot," said- one of the men who has been an attendant at every show for years, "and In my ex perience I have never seen as fine a lot of fowls under one roof." The freaks of the fowl kingdom have been eliminated from this show and there will be no exnlbits of pet stock as was the case in the last show given by the association in the auditorium. There are geese and ducks of all kinds and turkeys tall enough to stand flat-footed and look into the eyes of a half grown boy without turning their heads. There are a number of fowls that the exhibitors have refused to sell at fancy prices and several of the birds are valued at from one to three hundred dollars by their owners and are not for sale at theue prices. The greater part of today was taken up as far as the weighmasters are concerned in ascertaining the weight of the larger birds as their weight will gov ern the Judges in their decisions. The weighing however does not apply to the Mediterranean classes to which the smaller fowls belong. UNITE CRAWFORD CASES Judge Pollock Decides That Different Actions Slay Be Consolidated. The fire insurance companies which held policies on the old Crawford theater building when It burned and suits against whom are now pending in the United States circuit court and the state district court to force collection, won the first round in the United States circuit court today when Judge Pollock decided that the issues set up in all of the suits might be Joined and that the result should be de termined upon the decision in one of the cases. A demurrer which was advanced against this stand was overruled by the court. The Bank of Topeka and the Amer ican Amusement syndicate are the plain tiffs in the case. Five of the cases were changed from the state court to the federal court and five still remain in the state court. The court decides that there is a question of law in volved, and as a result a special master is likely to be appointed to hear testi mony and the suits will therefore never go to a jury, as was first anticipated. In addition Judge Pollock enjoins the prosecution of the suit against the five companies in the lower court, the injunc tion is not, however, directed against the court itself. The companies Involved in the controversy are New Haven Fire Se curity, Prussian National, Agricultural, Spring Garden, Milwaukee Mechanics, Western Assurance, Commercial Union, and Amerloan. The total amount of insur ance carried in these companies was $22. 500. The refusal to pay is based on the fact that the value of the building was placed at an excessive figure. There are still other questions raised in addition. HEINZE ARRESTED. He Is Charged With Illegally Certify ing to a Check. New York, Jan. 7 F. Augustus Helnze was arrested today by a United States marshal on an indictment charg ing him with having illegaly certified a check on the Mercantile National bank. He was held in $50,000 bail after enter ing a plea of not -guilty to the Indict ment. President of "Hartford Fire" Dead. Hartford, Conn., Jan. 7. George L. Chase, president of the Hartford Fire Insurance company, died here today. PQLITICALGOSSIP Mr. Stubbs Is Forming His Political Organization. Men Who Will Have Charge of Campaign. TO KEEP ON THE MOVE. Lawrence Man Will Devote Time to Speech Making. Threats Against State Officials Who Are Not Friendly. It is said that W. R. Stubbs is plan ning to gather about him a committee of political managers to look after the political end of his campaign, while he devotes himself to speechmaking. At present, Mr. Stubbs has two lieu tenants In charge of his headquarters, which are In the small dining room of the Copeland hotel. These two are John Bishop of Salina and J. N. Dolley. Yes terday there was a conference of a number of square dealers at the Cope land, and it Is understood that the plan of enlarging the committee was dis cussed. One rumor is that Clyde Mil ler, secretary of the Republican state committee will be asked to assist in Stubbs' campaign. Miller is one of the cleverest political managers in the state. He had charge of the business end of the boss buster fight, and Is also secretary of the Republican state cen tral committee. Hence he is thorough ly In touch with the political situation. Even Stubbs political enemies recog nize that he is a dangerous campaigner, and that if he gets some skillful politi cal managers in charge of the business end of his campaign, he becomes a much more formidable candidate. It appears that Mr. Stubbs is preparing to get a strong lot of political workers behind him to look after his campaign. The calling of a special session of the legislature is likely to interfere consid erably with Mr. Stubbs' speaking cam paign. He will have to put in from 10 to 30 days in the legislature fighting for the measure which he advocates, in stead of being out making political speeches In the state. If W. R. Stubbs should be in control of the Republican state convention, would he try to use that control to 1 nvorhauliiiff in the state offices and "bounce" a number of the present state officials who are unfriend ly to him? -T.:. nn..thiiltT Vine nresented itself to the present incumbents who are confidently expecting iu no for a second term, and it has caused considerable agitation. While Mr. Stubbs is not In Topeka at present, his position in the matter Is pretty generally understood. Mr. ,t.inka Vi crp sr. some of the state officials who are hostile to him. and he proposes to mane men icuam KiT,a. Viim hv a menace of 1.IUU1 Ufa bringing out candidates in opposition to them. It is highly proDaDie tnat me uuitumc of the situation will be that the state officers will stay out of the governor ship fight. The proposition to amend the con nf vi efntn hv increasing the pay of members of the legislature from $3 per day to $500 for regular sessions and $100 for special sessions, regardless ,u r tha npRsInn mav be OT tne i e ii f, lu adopted, if a special session of the leg islature is canea. This amendment is to come before .Anntmn or relection at the regular election this fall. It reads as...fuow..- 1 tn loeislature shall receive as compensation for theli irvlces tne sum uj jw i cw ular session and $100 for each spec al jo ta fnr each mile traveled by the usual route In going to or returning uwu 'nJ": j,t chmilrt parrv. and should be strictly construed it would mean that w wouiu uc money to be paid to all the members muiicjr rem ar session. of the legisiatmo and $100 the amount for a special ses- uiiu o nlra rothur qmall wages if divided up among 165 members. State Senator George E. Tucker, oxidate for the Republican nomina- for congress in the Fourth dis Wc. was "n Topeka Monday. Mr. "certafnly hope there won't be any special session of the legislature, be cause it would cut the heart right out of the time when I ought to be out meeting people in my district in prep aration for the campaign. I anticipate ?hlt there will be a primary m the Fourth District, but a primary called nt the time when the committee is likely to call it will not be much better than a convention." Congressman Miller seems to have come to the conclusion that he will have to endorse the primary proposi Hnn In order to be in good shape with his consUtuents. and in a public letter -1 desire to reaffirm what I said at meeting of the congressional com mittee at Emporia that I was most heartily in favor of a primary in the Fourth congressional district, and that when I could not be nominated at a Primary where every Republican had opportunity to cast his vote freely and without any embarrassment, thereby expressing his choice for congress man I did not want any longer to rep resent the district in congress; and I said further to the committee, in the nresence of Senator Tucker, that when the committee was called for the pur nose of deciding whether a convention or primary should be held, that I would be glad to unite with Mr. Tuck er or any other candidate for congress in a request to the committee to call a primary for the Purpose of nominat ing a Republican candidate for con gress in the Fourth district. And now, since I have declined to Join Mr. Tucker in any communication ad dressed to the committee, I want to sav to the Republicans of the Fourth congressional district, through you aDr that I shall most earnestly re quest the committee, when it meets, to call a primary. -Havlnf learned that some of my enemies are trying to make capital for Mr. Tucker by reporting that he is for Mr! Taft for president, and that I am not I have only this to say: I do not know who the senator Is for for presi- ieX want the Republican of the TUESDAY EVENING. IMPORTANT. New Postofflce Ruling Affects Sub scriptions by Mail. V Subscribers to the State Journal who receive their papers by mall may not have noticed that a new ruling by the postofflce department prevents a dally newspaper from sending Its paper through the mail in BiihaihoM whit flr. in arrears. Accordingly, if you are not o.uetay paia in advance, you should re mit at Once for tti-r mnnthc r,r finp war In advance of this date and thereby neip us to promptly comply with the new ruling. Fourth district to elect delegates to the national convention who will support a candidate for the presidency, who, in their judgment, is the choice of the majority of the Republicans of the ourth district. I have never attempt ed to dictate to the Fourth district Re publicans who they should support for president, or for governor, or for any other office, and I do not intend to commence now. I will say, however, that my choice for president Is Will iam H. Taft, the present able and effi cient secretary of war, who has made good in every position in which he has been placed, and who, in my judgment, more nearly than any other candidate, will carry out the policies of the pres ent administration and bring to a suc cessful consummation the reforms in augurated by the administrations of William McKinley and Theodore Roose velt. J. M. MILLER. 'Washington, D. C, Jan. 3." The formal call for the Democratic state committee meeting issued by Secretary W. H. L. Pepperell, is as fol lows: Dear Sir: By direction of Chair man Ryan, you are hereby notified that there will be a meeting of the Democratic state central committee, at the Throop hotel In Topeka, on January 16th at 4 p. m., for the pur pose of calling a convention or two, selecting place of holding conventions, agreeing upon dates of conventions and transacting any other business that may come before the committee. "You are earnestly requested to be present, because this will be, without a doubt, a very important meeting of the committee. Yours most respect fully, W. H. L. PEPPERELL, "Secretary." COOLEY SUES CROW. BasebaU Man Wants Accounting From Partner. Persons who have been wondering about the financial condition of the Topeka baseball club, may get an idea of the situation from the outline of a suit filed in district court today against Herman T. Crow by -Dick G. Cooley. In this petition, which- is for a temporary restraining order, against Crow, to prevent him from selling his own or Cooley's share of what may be left of the enterprise, the fol lowing alleged facts are set forth: First, that on October 7, 1905, the plaintiff and defendant entered into an agreement of partnership for the purpose of conducting the business of professional baseball, and that by the terms of this agreement, they were to share equally in the expenses and receipts of the venture. Further, that on October 7, 1907, the Topeka Baseball club was the lessee of the League Ball park, hav ing bought it of the park association; for the sum of $3,600 in real money, to be paid at some future date. Plaintiff then recedes once more to the season of 1906, when the busi ness of the partnership was duly di vided according to contract, and each got what was coming to him, but con tinues that in the season of 1907, the defendant Crow made other arrange ment with himself, and during the absence of the plaintiff, who was away making a salary elsewhere, took in about $17,000. Of this sum the plaintiff believes Crow paid out about $13,000 for expenses, and salted the residue where it would do the most good to the Crow end of the com pany. The fate of this alleged $4,000 is what is bothering Dick Cooley. He hints in his petition that he not only failed to get any results from a re quest to Mr. Crow to "come through" with a settlement, but that his share of the property is tied up in bad shape by the failure of the defendant Crow to make an accounting. In naming over the several reasons why he is nervous over the fate of his share, Cooley says, by his attorneys Harry Bone and D. Ri. Hite: "The said partnership is indebted, of due and accrued payments on ac count of said lease of said Ball park and matters connected therewith in the sum of about $350; and on ac count of the same will be indebted further during the next 12 months in the sum of $800; also that plaintiff Is informed that the partnership is in debted to various creditors In Topeka and elsewhere in the sum of $400; and that said defendant, although he had money belonging to the partner ship to pay the same, has failed to dq so." The property of the Crow-Cooley syndicate consists of the lease, which has two years to run, and the Topeka baseball franchise. These as sets, says Cooley, are going to the bad because of the non-settlement. Cooley closes by saying that the financial condition of the said de fendant Crow is such that he sus pects the defendant of a scheme to dispose of his share of the franchise and lease, and that he does not in tend to devote the proceeds to the satisfaction of partnership debts, or the claims of the plaintiff. Where fore, Cooley asks an order against his partner, preventing him from selling out his end of the game and jumping the job. DEADMEN ON ROLLS. Extensive Municipal Graft Uncovered In St. Joe. St. Joseph, Mo., Jan. 7. The coun ty grand jury today reported that it had uncovered gross frauds and graft In the city's electrical street lighting department and returned a numiber of Indictments, said to be against heads of departments and other city employes. No names were made pub lic It was found that dead men had been carried on the pay rolls for sev eral years. TWO CENTS. ROBBERS FOILED. Four Men Attempt Holdup on a Katy Train While It Was Standing in the Yards at Kansas City. WALKED DOWN AISLE And Ordered Passengers to Give Up Their Valuables. Conductor Put Them to Flight With His Lantern. Kansas City, Mo.. Jan. 7. Four men attempted to rob the passengers on a Missouri, Kansas Texas pas-, senger train standing in the Union station here early today. They wr frightened off without securing any -money or valuables. The train is what is known as the "Flyer," due to depart at 2:20 for th southwest. Shortly before starting time the robbers, four white men, en tered one of the forward day coaches and walked up and down the aisle, awaiting .a favorable opportunity to commence their work. The station, aside from this one train, was prac- tically deserted; and this fact is be lieved to have prompted the men to make so bold an attempt. Dr. M. H. Kennedy of Kansas City, passenger in the coach, gives a good statement of the attempted robbery. "The four men walked through the coach several times," said Dr. Ken nedy. "It was crowded. Several Ger man immigrants were in the rear of the coach and they seemed to be the object of the attack. Before any of ua realized what they were up to, two of the robbers showed revolvers and pointing them at the foreigners, com manded them to give up their valu1 ables. "Just then H. W. Drew, the con ductor, and David White, the negro porter, came into the car. Drew hit one of the robbers in the head with his lantern and smashed It into pieces. Then they ran. "None of them wore a mask. Two started toward the rear of the car and the other two toward the front door. The rear door was locked and they made the porter unlock it. They open ed the vestibule and fled. The others were in just as big a hurry to get out the front door. "By that time the depot police were there and officers chased the robbers. Two of them ran north and two south through the yards. "The only thing they got was two valises from the German- immigrants. Three, of the robbers -were short-and one was tall. The tall one, who was the leader, -was about 60 years old. -All wore good clothing." The quartette dodged through long lines of freight cars standing on the side tracks and were soon lost to sight. This morning the police put a force -of men to work on the case. They have good descriptions of the men who are believed to be local crooks. Shortly after the attempted robbery the police arrested two men in the vi cinity of the railroad yards. They gave their names as Rube Walsh and John Coss. Both were unable to give an acr count of themselves and were held for Investigation. Coss formerly was a bookkeeper in a local packing house. SEVEN WERE DROWNED. Skiff Carrying Gas Company's Em ployes Overturns in the River. Leavenworth, Kan., Jan. 7. A skiff containing nine men was overturned in the Missouri river near Kickapoo Monday, and seven of them were drowned. The other two, William Sharp and Frank Logan, were rescued by Ernest Schweitzer at the risk of his life. The dead: FRANK HILL, 34 years of age; leaves widow and six children. RALPH HILL. 12; water boy. CHARLES BAKER, 42; leaves wi3 ow and four ehildren. JOHN BAKER, 22. ELMER HUNDLEY, age unknown. GROVER HUNDLEY, age un known. UNKNOWN SWEDE. All but the Hundleys and th Swede were residents of Kickapoo. The men were employed by the Kansas Natural Gas company in con structing a pipe line under the river, and had been working on the Missouri side of the river, and the accident happened when the men were rowing to the Kansas side preparatory to re turning to their homes. They had proceeded about a third of the way across, but the current and wind be ing swift the men decided to turn back. In endeavoring to turn the boat a wave broke over it, causing it to capsize, and throwing the occupants into the water. Lieutenant of Police William Krumm has stationed men along the river to watch for the bodies. An overturned skiff is re ported to have floated by the terminal bridge here at 7:30 o'clock, but none of the bodies has yet been recovered. MOUNT ROYAL IS SAFE. Long Overdue Steamer Sighted Com ing Into Port. Queenstown, Jan. 7. The overdue steamer r Mount Royal of the Canadian Pacific railway's Atlantic steamship line which was bound to St. John, N. B., from London and Antwerp, with about 400 persons aboard, was sighted off Old Head of Klnsale, 16 mile west of this port, early today Just one month after the date of her departure from Antwerp. The vessel was proceeding slowly un der her own steam and signalled that she wws making for this port. She made no signals indicating what had been the cause of her delay and lrer return. Weather Indications. Chicago, Jan. 7. Forecast for Kan sas: Fair tonight and Wednesday; moderate temperature.