The Topeka State Journal (Topeka, Kansas)
November 11, 1908

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THE TOPEKA. DAILY STATE JOURNAL--WEDNESDAY EVENING. NOVEMBER 11, 1908. THE NINE PLEDGES What State Republican Plat form Promised ihs Voters. Physical Valuation rf Railroads One of Them. AN ASTI LOBBY LAW. Also Publicity of Ail Campaign Contributions. Slate Bank Guaranty Is Also on the List. The following: are the "platform pledges" of the Republican state plat form which the next legislature will be expected to put into effect: "'First An appropriation sufficient to ascertain the valuation of property owned by public service corporations. "Second A law providing for the con trol by the state of the issue of all stocks and bonds by public service cor porations and limiting such issues to the value of the property owned by such corporation. "Third An anti-lobby law. "Fourth The creation of a reference library bureau. "Fifth The election of tax commis sioners and county assessors 'by direct vote. "Sixth A generous provision by the legislature for state forestry. "Seventh A law compelling all can didates and all committees to publish all contributions and expenditures of a political campaign under oath with a severe penalty for its violation ."Bighth We pledge aurselves through our candidates for the legislature to the passage of an act enabling the state banks of Kansas to mutually and vol untarily guarantee deposits under the supervision of the bank commissioner's department and request our candidates for congress and the United States sen ate to favor a law enabling national banks to participate therein.. "Ninth We tavor UDerai appropria tion for enlarging the operation of the department of annual husbandry of the State Agricultural college. "Tenth We commend the action of finvirrnr Hoch in appointing an educa tional commission for the purpose of Investigating the school problems of the state. We favor the enactment of such laws as will further strengthen and develop the educational opportuni ties of the state, and especially do we favor more liberal and ample facilities for our rural schools, and to that end we particularly recommend some means for aid to weak districts and closer state and county supervision." The proposition to make a physical valuation of railroads was one of the things which was given the board of railroad commissioners to do at the 190 7 session of the legislature, but -nothing has been done. The 1907 ses sion passed this amendment to tha railroad law: "The commissioners shall ascertain as early as practicable the amount of money expended in construction ani equipment per mile of every railway In Kansas, the amount of money ex pended to procure the right of way, the amount of money It would require to reconstruct the road bed, track, de pots and transportation facilities, and to replace all of the physical proper ties belonging to the railroads. For the purpose named the commissioners may employ experts sworn to inspect and assist them when needed and from time to time, as the information acquired bv this article is obtained, they shall communicate the same to the attorney for the board, and the attorney general by report, and said Information shall be printed from time to time in the report of the com missioners." It. 11. Commission Has Done Nothing. The 1907 session of the legislature gave to the board as a contingent fund to pay "incidental and travelling expenses, court costs, services for ex tra rf.te clerks, accountants and ex pert engineers and assistants, witness fees unprovided for in the contingent fund to pay "incidental and travelling expenses, court costs, services for ex tra rate clerks, accountants and ex pert engineers and assistants, witness fees unprovided for In the contingent fund of the attorney for the board, and the payment of such other per sons as may be employed by the board." the smm of J25.000.. In addi tion the legislature gave the attorney for the board $10,000 to use in pay ing witness fees and special attorneys. Yet out of this $25,000 available principally for employing experts, the state board of railroad commissioners has taken no steps toward making a physical valuation of railroad prop erty. The railroad commissioners claim that $25,000 is not enough money to even make a start with this work. For that reason the Republican platform has pledged the legislature to make an appropriation for this purpose. There is a good deal of difference of opinion on the necessity of making a physical valuation of the railroads of the state. It is probable that even af ter the' valuation is made it will not be very different from the valuation made by the state tax. commission. The- tax commission made a careful i examination of all the railroad prop erty in the state and decided that It is worth 356 millions of dollars. It cost the tax commission about $2,000 to make this valuation. The United States census experts also made a val uation, and arrived at about the same result as the- tax commission. But nevertheless, the Republican legisla ture is pledged to make a big appro priation to ascertain the physical val ue of railroads. Senator long's Comments. The object of making a physical valuation of railroad property is chiefly to get at a theoretical basis for making rates. The theory is that a railroad company should be permitted to earn a certain percentage on the capital actually invested in its lines. The "physical valuation" is for the purpose of squeezing out the water from the stock value of the company. Senator Chester I. Long, among others, does not think that this theory of rate making will -work. When in Topeka yesterday he said: "What are the reformers going to do at the coming session of the leg islature? I suppose they have their plans all mapped out. They will no doubt enact some important railroad legislation. They will have made a physical valuation of railroads, and will then base freight rates on the valuation. The Santa Fe has a very valuable line between Topeka and Wichita, and it will be allowed to charge a high rate because it must earn a lot to pay interest on its big investment. The poor lines can charge low rates. Then Wichita will begin mandamus proceedings against the Santa Fe to compel it to reduce its rates. This reform business should be carried out to the limit." i (G.BkJ.R .D C.-a.K JlK. $k CE Sj.L.ji ROYCE FILES REPORT. Makes Recommendations for Changes in State BanUlns Law. Before turning over the office of state bank commissioner to W. S. Albright today, John Q. Royce. the retiring com missioner, filed with Governor Hoch hl3 final report. This report gives the results of Mr. Royce's last two years of office, and of fers many Important recommendations for the work to be done at the coming session of the legislature with relation to the banks of Kansas. Mr. Royce's recommendations are for the enactment of the following laws: T prohibiting loans to managing officers of banks; loans to stockholders to be approved by directors. No person to be elected a director un less he owns 5 per cent of the stock. This is to prevent one-man banks. No bank to be allowed to deposit its reserve in a bank owned or partly owned by the same party or parties. This is to break up the "chain bank" system. Bank officers must renew their bonds each year. Bank directors required to meet in January. April, July and October to thoroughly inspect the condition1 of the bank. Banks required to keep on hand only 6 per cent of deposits in cash, provided the rest of the deposits are deposited within easy access. Repeal the law requiring that the re ceiver of a bank be appointed from the county where the bank is located.. Relating to the guaranty of; bank de posits, Mr. Royce says: "The law should be such as to per mit banks to voluntarily contribute to a guarantee fund but having once ac cepted the provision of the law no bank should be permitted to withdraw. The fund should be placed in the hands of the state treasurer and disbursed by the bank commissioner. The depositors should be paid as soon after the bank closes as their balances can be deter mined, or deposits should bear the legal rate of interest from the day the bank closes, and be paid out of the guar antee fund after the assets of the failed bank have all been exhausted. Either provision should satisfy the depositors and the bankers should be permitted to have the one which best suits them. The law should contain a provision that if the fund should become reduced by the payment of deposits. It would be reimbursed from the proceeds of the closed bank or by an assessment upon the remaining banks so that the fund would at all times be kept intact." The report shows that there are now 758 states banks in Kansas: also 7 private banks and 4 trust companies. During the past two years, 146 new banks have been started, with a capita1, of $2,600,000. Eight private banks have become state banks and eleven states and one private bank have national ized. Five small banks have failed during the two years. Call 'National League Meeting. New York, Nov. 11. President Pul liam of the National Baseball league today sent announcements to club presidents that the annual meeting of the league will be held Tuesdav De cember 8. at o'clock, at the Waldorf Astoria hotel in this city. The board of directors will meet on the same day at noon. Pennsy Off for Ann Arbor. Philadelphia, Nov. 11. The football squad of the University of Pennsyl vania has left this city for Ann Arbor. Mich., where the team will on Saturday play Its annual game with the University of Michigan. The Pennsylvania players will be the guests of the Detroit Country club until Saturday. The real test is in the baking. Other Baking Powders may make broad claims, but when it comes to the production ot real delicious biscuit, cakes and pastry BAKING POWDER proves its real worth. This is because of tts much greater leavening power and the tnct purity of its ingredients. It costs only a trifle more than the cheap and big can brands and much less than the Trust Baking Powders. Received Hi?ht A w.I World's Pure Food Exposition Chicago, 190. j!LUME Iff t BAKING Pf .CHICAGO, Friday WILL OPEN2 Mornieg, N OYemoer 13th at 8 -A.. M. 14 Days of Merciless Price Cutting Overstocked --Too Many Goods A tremendous unloading event, a $100,000 Stock of General Merchandise to be sold in the next fourteen days. Down, Down, Down, goes the prices. Just the goods you want and need at prices that make them almost gifts. Get your share. Be here early. COME. A Stupendous Array of Bargains in Every Department Every Price Cut, Every Article in the Store Reduced Thousands of Bargains to Surprise and Amaze You Double the business at any loss is the order. Cut and &lash prices. Make reductions that will force people to buy. Sell down the stocks, make room, anything, any price, to sell the goods. It's a big thing that requires heroic, staggering price cutting reductions that must impress you instantly that this is indeed an extraordinary event. One altogether different from any ever held here. You're out money if you miss it. Look for the Big Red Bargain Cards THE STORE FOR BARGAINS Zaeditoe Dept Store 612-614 KANSAS AVENUE, TOPEKA Look for the Big Red Bargain Cards It's a Sale of the Greatest Magnitude With Reductions Throughout the Entire House from the Basement to the Roof That Average Greatest Price Cutting on Record mm II r Price Every Item a Surprise Bargain -Third Uno Your every -want can be supplied at a saving. Let nothing keep you away. Be here at 8 a. m. Friday. From one end of this store to the other it is one vast sea of bargains. There's no limit, no reserve, all you want of everything while the lots last. Silks and Dress Goods, Women's Suits, Skirts and Waists; Domestics, Linens, Laces, Hosiery, Underwear, Clothing P, ana bnoes. ADsoiuteiy every tmng marKea ior siaugnter. jlno saie ever announced m Topeka can compare with this. Read the large advertisement in tomorrow evening's paper which will tell you of the low prices. This is a preliminary announcement to prepare you to wait for this event, for the low prices will be a surprise. Every price so matchlessly low that nothing short of giving goods away can compare with this gigantic sensational sacrifice. Make up your mind there's to be the biggest bargains on record and you'll not be disappointed. Read the thrilling bulletin in to morrow's paper. It tells you of wonderful opportunities to save. All prices are below the usual. Money never went so far before. Be on hand early. Shop in the morn ing and avoid the enormous after noon crowds. Doors open at 8 a. m. Friday. It's the greatest sale of our career. If it's bargains your looking for come. It's your greatest chance to save. 612-614 KANSAS AVENUE DOORS OPEN AT 8 A. M. FRIDAY MORNING Zaeditoe Dept. Store 612-614 KANSAS AVENUE il GUARD AGAINST SPIES. K. V. Is liolding Secret Practice on McCook Ield. Lawrence, Kan., Nov. 11. Coaches Kennedy and Mosse have taken every precaution to guard against leaks. Beginning last night the team scrim maged with the freshmen behind closed gates. And the gates were closed in reality for a special man was on the field, and every person who appeared on McCook field had to be accounted for. It was said by Coach Kennedy that only two men appeared on the field in citizen's clothes. They were Athletic Manager W. C. Lansdon and Track Coach Hagerman. In the scrimmage the freshmen used many plays and formations of Nebraska. Coach Kennedy having brought back sufficient notes from the Iowa-Nebraska games to map out many of the Cornhusker formations. Speaking of the scrimmages with the freshmen, Coach Kennedy said: "We are having some real football with the freshmen. It used to be that we would never indulge in vigorous scrimmages before the big games, be cause we were afraid of injuring our players, but this season we have so many Al men that I have decided to make the scrimmages In reality games." While n.o one will say it seems to be the general opinion among the stud ents that Kansas is working out on the forward pass this week. It is known that all season the Jayhawkers have kept this play under cover and they did not use it in previous games because they did not need it and also to give Nebraska the idea that such a play was foreign to thG Kennedy pupils Johnson, quarterback, is known to be able to throw the oval with perfect control for forty yards and Myers is efficient in receiving forward passes. He and Johnson can manipulate the forward passes at will. Tha team will leave Lawrence. Fri day night taking their supper in the Union depot in Kansas City. They will leave Kansas City early in the evening arriving in Lincoln at 2 o'clock in the morning. But to pro vide plenty of rest for the team, they will go to bed when they leave Kan sas City and will not be awakened un til breakfast time Saturday morning. ROBBEKS AT DERBY DEPOT. Secure $10 and a Grip Belonging to Myra MeHenry. Wichita, Kan., Nov. 11. Robbers at Derby, six miles south of Wichita, broke into the depot, blew open the safe securing $10 and rifled the ex press packages in the depot. A mail sack was taken from the crane and rifled of its contents. A grip belong ing to Myra McHenry, containing her wearing apparel and prohibition pamphlets was stolen. Por Infants and Children. The Kind Ycu Have Always Bought Bears the Signature of GRANDPARENTS MARRY. Wyandotte County Conple Past Sixty Secure License to Wed Kansas City, Kan., Nov. 11. The second instance in two weeks- where a grandfather and a grandmother have been married was brought to notice yesterday in Wyandotte county, Kan., when Andrew Johnson, 68 years old, a gardener of Muncle, Kan., and Mrs. Mary Olson, 60 years old, of 924 Or ville avenue, Kansas City, Kan., se cured a marriage license. Mr. Johnson has been living at Muncie for many years. His first wife died about six years ago. He has five children and several grandchildren liv ing near Muncie. Mrs. Olson had been a widow for three years. She lived with her son, John Olson, at 924 Orville avenue, Kansas City, Kan. Both John son and his bride-elect are natives of Sweden. Pay Day at Leavenworth. Fort Leavenworth, Kan., Nov. 11. Fifty-five thousand dollars was paid to the troops in station here. This was the largest payment since the dis charge of volunteer regiments and troops home from foreign service. At present there are 2.700 soldiers in the various commands in the garrison and 180 more at the military prison. Portland. Oregon. Every night at 7:35 a Pullman tour ist sleeping car leaves Topeka via the Union Pacifis R. R. which goes through to Portland, Oregon, without change. There is no better way to .macti all uf llie grea-fc Pacific north west. I w ftlftNFV J it a I I I I 77.7 attended VL.i J A JL A 'f Ytt no "J Bwt set of teeth xs 00 Always up-to-date, pain- gf V 1 less, reliable and the pv?iin crown oo largest dental concern SOTnTKS !.::::."tf in Kansas. c:::::::::::::::::00 to Popular PriC83. Extracting teeth, freezing gum process 60c r Extracting teeth without medlcia 250 DRS. LYON HEATHERLY Office Established 16 years.. Ind. Phon Ills. 611 Kansas Ave., Topeka, Kan. Over W. A L. Thompson Hdw rv. 5J Idle money might as well be earning interest 4 6-Months' Coupon -Time Certificates at The State Savings Bank CORNER SIXTH AND KANSAS AVENUE Payable on demand in case of need. Renewal necessary only once in 2 yrs. CALL FOR STATEMENT Deposits, $1,000,000.03. 3 Per Cent on Savings Account.

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THE TOPEKA DAILY STATE JOURNAL WEDNESDAY EVENING, NOVEMBER 11, 1GC8. 5 McCLEERY'S NEW LUMBERYARD LOCATION NOW ESTABLISHED Southwest Corner Fourth and Jackson Streets We are now thoroughly certain as to our location. We should have been ready to serve you long before this had it not been for the technicalities of the city fire regulations. However, this was all settled at the council meeting of last evening and we will soon be ready in our new location (S. W. corner of Fourth and Jackson Sts.) to supply your needs. Best LumberLowest Prices We shall handle only the best qualities of all grades of Lumber and Building Material of all kinds. We shall strive at all times to give you prompt service and courteous atten tion, and above all the full worth of your money in every order you place with us. All bids submitted to us will be cheerfully and correctly es timated. Let us see how close we can figure your bill. CHAS. McCLEER Y, Manager Tel. 866 Temporary Office Agard's Planing Mill CONSPIRACY TO KILL. Is Charged by the Friends of the Iite Senator Carmbck. Nashville, Tcnn., Nov. 11. The ex citement in this city over the terrible tragedy Monday afternoon in which E. W. Carraack, ex-United States senator from Tennessee, and editor of the Tennesseean of this city, was shot and killed by Robin Cooper, a young attor ney, and son of Colonel Duncan B. Cooper, a close personal and political friend of Governor M. M. Patterson, has to a certain extent abated yet the tragedy is still the sole topic of con versation in political circles, both in this city and throughout the state. Colonel Cooper, who was with his son when the latter shot Carraack, has been remanded to jail without bond, charged with murder, while young Cooper remains at a hospital under guard, while his wounded arm is being treated. His preliminary examination will be held as soon as he is able to leave the hospital. Cooper's friends throughout the state claim that the af fair was merely a street duel In which both sides met and began firing; that the Coopers had tried to avoid a meet ing, with Mr. Carmack and that they wire on their Way to the state capitol In response to a telephone message from Governor Patterson when the tragedy occurred; that Senator Car mack had been warned and was ex pecting trouble. The friends of Senator Carmack Strenuously claim that the killing was the result of a conspiracy with which men high in authority were connected; that Mr. Carmack was waylaid and as sassinated while he was on his way to his boarding house and while he was talking to a lady; that when he left the Tennesseean office for his boarding house the fact was telephoned from a house neaT the Tennesseean office and that thus the Coopers were notified that the senator was on his way and to be on the alert. It now develops according to friends of Mr. Carmack, that there was a third party with the Coopers just be fore the shooting, an ex-county official who is a close personal friend of both 1he Coopers and Governor Patterson. Friends of the dead senator intimalc that there will be some sensational de velopments within a day or so regard ing the affair. Neither Col. Cooper nor his son will give out any statement for publication. O'ConnolI's Portrait Destroyed. Dublin. Nov. 11. The council cham ber of the Dublin city hall, was burned out today and the city hall Itself had a narrow escape from destruction. AH the paintings in the rooms of the council chamber, many of which were of historic interest, including the well known picture of Daniel O'Connell, were destroyed. AX APPALLING SAME Appears In the Records of New York Supreme Court. WANT DUTY ON CAMPHOR Another Infant Industry Is Develop ing in Florida. New York, Nov. 11. While the name given a few lines down may be easily negotiated by a Norwegian tongue it is a fearsome thing for an American toneue. even that of a court clerk. The name appears on the New York state supreme court calendar in trial term part II before Justice Plantzek and it is that of the plaintiff in this case: "Dampskibsactieselskabet Hermod vs. Federal Insurance company." Clerk MacDonald and Crier John McSherry are confronted with the uncomfortable prospect of having to frequently repeat it when the trial of the action takes place on November 18. The plaintiff with the mouth twisting title is a Norwegian corpora tion and it owns the steamship Her mod. The action relates to the stranding of that vessel outside the harbor of Cardenas. Cuba, in 1905. KNIFE IX) It CRIMrXAIjS. Is Recommended by the Physician at the Bridewell. Chicago, Nov. 11. The reformation of criminals by the sturgeons knife is advocated by Dr. C. E. Sceleth, physi cian at the house of correction, com monly called the Bridewell. The recommendation is made in the annual repot of the institution, issued by the board of inspectors. "There is not a day passes," says Dr. Sceleth, "that I do not have four or five unfortunate inmates come to me who are unable to do manual labor on account of some infirmity that could be cured by an operation. A man that is unable to work and has no means of support will have to make his living on some one else's earnings. To my mind surgical assist ance that transforms an invalid un able to work into a w-ell man capable of doing a hard day's work is the very highest type of humanitarianism." Evidences of Prosperity. New Orleans, Nov. 11. Evidences of renewed prosperity throughout the Mis sissippi vuiiey was presented today in the publication of the value and amount and exports at this port for h'tnhcr Thl tntal vahu f $12,884,029. which is over $4,000,000 more man aunng jcioDer, iUi. Washington, Nov. 11. That the cultivation of the camphor tree is being seriously considered as a sub stitute for orange cultivation in those sections of Florida, where the frosts have made the latter industry an un profitable one, is one of the facts that has been brought out In connec tion with the hearings being held by the ways and means committee of the house of representatives pre liminary to the introduction of a new tariff bill at a special session of con gress next March. As a result of the hearings on the schedule providing for chemicals, oils and paints, an amend ment in paragraph 12 of the Dingley tariff, covering refined camphor, has been made. The courts have held that synthetic camphor, a product of synthetic chemistry, made from oil of turpentine, should be admitted free of duty as crude camphor. It is pro posed to restrict the free admission of camphor to the crude natural article, as a result of experiments conducted by the department of agriculture with camphor growing in Florida and the announcement by two concerns of their intention of cultivating camphor to a considerable degree that article may be taken off the free list al together within a few years. It is ex pected that in the near future, 6,000 acres of camphor trees will be planted in Florida where there is sufficient suitable land fitted for camphor rais ing to supply the entire home de mand. The value of camphor im ports averages $400,000 annually. A CATTLE THIEF CAUGHT. Claud Oh sic a Confesses to Stealing Steers in Franklin County. Chocolate Bo Bofs lov FOLLOW THE FLAG and are entitled to the distinction of having been chosen as THE NATIONAL CANDY The TJ. S. Government has waived the question of higher price and placed quality first in its selection. The great fleet of battleships in the Pacific has received shipments of many tons each at Hampton Roads, San Francisco and Manila. Shipments of "LOWNEY'S" go forward to the Philippines monthly for the army. Wholesome as well as Delicious THE WALTER M. LOWNEY CO., BOSTON Makers of Cocoa, Chocolate and Bonbons Ottawa, Kan., Nov. 31. Claud Casida, arrested In Anderson county by Sheriff Cody, confessed to the stealing of six cattle from farmers in the south part of the county. Harry Jeffries, arrest ed on the same charge and implicated In Casida's confession, is now In jail but stoutly maintains his Innocence. On the night of September 8 six cat tle, the property of E. P. Cunnineham. J. R. Atchison and D. R. Sisler, were stolen from the pasture of C. Baird, near Richmond. Sheriff Cody succeed ed in tracing the lost cattle to Rose mont, Kan., where they were shipped to Kansas City and sold. The ship ment was made in the name of the State Bank of Williamsburg, and It was from this bank that It was learned that the shipper was Claud Casida of Agricola. Jeffries, who is a brother-in-law of Casida, was arrested at his home In Agricola on the strength of Casida's story. Casida waived preliminary hearing, and was bound over to the district court by Judge Robblns under $500 bond. TALK T0AD MEN. Bright Women Give Their Ideas on Advertising. And One of Them Strenuously Opposes Bargain Days. MISS GRAHAM'S TALK. Would Hare Legislature Pass Law Prohibiting Them. Thursday Lot of $1 fine Negli gee Shirts 7e Special vC SAei"S. fS THC f6000 CWTHCSTmSt Special Values in fine Dress Gloves, Kid, Suede, Dogskin; silk lined or not $1.00 Mrs. Digg, Miss Nellis, and Mrs. Monroe Speak, i REVIVAL AT STOCK YARDS. Workmen Hear the Gospel While Killing Hogs. Chicago. Nov. 11. Pens and cat tle Inclosures in the stock yards were transformed Into pulpits today by a force of thirty ministers of religion Sermons were delivered to the killing gangs and a cornetlst furnished re ligious music. In most of the killing rooms the sermons were preached during the lunch time recess. In one hog house, the sermon was delivered to the killers while in the act of doing the killing. Long knives, from which blood was dripping, were In the hands of the workmen at the very moment the message of the gos pel was mingled with and slightly in terrupted by the squeals of the dying pigs. The "Packingtown squad" of re vivalists Is composed of local preach ers from the principal Protestant de nominations. They are under the direction of the Rev. Chas. Stelzle and the Rev. Warren H. Wilson, east ern evangelists. The unique revival will last two weeks. Shot by Car Robbers. Chicago, Nov. 11. Yardmaster C. Burton was found in the Wabash rail road yards early today with a bullet wound in his head and died later in the hospital to which he was taken. It is believed he was shot by freight car robbers. Pool Selling Prohibited. Olympla, Wash., Nov. 11. Selling pools on horse races and maintenance of betting rings at race tracks are un der the ban of the law In this state, according to a decision of the state superior court, handed down yester day. The society reporter missed an as signment last night which certainly belonged to her, though there was no way of telling in advance that last night's meeting of the Topeka Adver tising club would be turned into a so ciety event. From the standpoint of the participants as well as the police court reporter who was requested to cover the event the affair was a glow ing success. There were a number of the spike tailed coat effects worn by the regular members of the Advertising club and these greatly impressed the police re porter who had the event in charge and who is obliged to write his im pressions, whether they prove to be right or wrong. The ladies who at tended, and there was one for every man and in some instances two or three, were becomingly gowned, and in the judgment of the reporter were fashionably dressed. The excuse offered for the gathering was a regular meeting of the Topeka Advertising club but only those who were close to the management sur mised that the evening would be so dif ferent from others which have pre ceded it. Four well known Kansas women had places on the programme and their talks developed the fact that they have well defined ideas of adver tising, its cause, effect and cost. The talks were witty and to the point and combined that most excellent feat ure so often overlooked, brevity, though the depth of the manuscripts in one or two instances caused apprehen sion. They must have been padded, the manuscripts, or else typewritten and double spaced for none of them were so long that they were tiresome, though the programme lasted until 11 o'clock and then a few minutes more. After the "menu" had been dispos ed of and the debris carted to the rear of the National hotel roof garden, the real feast of the evening opened with a paper by Miss Anna Marie Nellis on "Advertising Observations in Foreign Lands." Miss Nellis' paper was a story of her trip abroad and the ad vertising features which impressed her. "In the far east advertising is a lost art," said Miss Nellis, "and there seems to be no demand for it. "The papers published in China contain no advertising excepting the proclamations and manifestoes of the emperor and other- similar advertising of a legal nature. Nothing tj catch the eye-of .the shopw The papers published in the treaty ports In Eng lish are the only papers in the Celes tial kingdom which contain advertis ing of any kind. They contain no display advertising, just column after column of almost straight reading matter telling of certain wares which the merchants have for sale. N dis play ads, no accounts of bargain sales, slaughters and below cost purchases just a prosaic statement of facts. "Many of the Oriental merchants are specialists in their particular lines, the business having been handed down from generation to generation and their wares are known through out the territory tributary and adver tising for this reason is a lost art Twenty years from now I predict will see marked changes In the advertis ing methods employed In the Orient, for Americanism and American meth ods will prevail." Mrs. Diprjis Pleases. Mrs. Annie L. Diggs of Kansas City, the brilliant little woman whose fame and name were familiar to every Kan san during the days of Governor Lew elling delivered a witty address on "Advertising That- Persuades Me." Mrs. Diggs has for years been looked upon as one of the foremost women speakers of Kansas and last night she demonstrated that she Is entitled to the place accorded her. "The advertisement which appeals to me most strongly," said Mrs. Diggs, "is the one which seems to combine the elements of truthfulness and values for I am willing to admit that un fortunately I have always been poor and of necessity compelled to patronize the bargain counters. I do not see just why my opinion should be of any great value for you will remember that It was not a great many years ago when William Allen White and myself were attempting to save the country from different angles that Mr. White said: 'Mrs. Diggs is a nice little woman but she does not think; Just feels." "But if I am to advise I would say to all advertising writers: Tell the truth, be honest and keep away from freaks, frauds and ugly advertising. Tell the people what you have to say in clear concise language and always adhere strictly to the truth. I have always watched the advertising of merchants to see whether they tell the truth or not and' I believe that a woman, and women are the ones advertising is written for, once convinced that a store is advertising untruthfully will forever shun the place." Sirs. Monroe on Advertising. Mrs. Lee Monroe, editor of the To peka Club Woman, a publication of merit, followed Mrs. Diggs and spoke of "Literature and Art In Advertising." Her manuscript indicated that the ad dress would be an extensive one but HIS new "button thru" Overcoat is a stylish comfortable garment, it's hand tailored velvet or self collar patch or plain l.ll.- -37 1 1 1 11 pucKecs cuns on sieeyes iooks wen on every- t rinrlxr IT" nmoc in Q-rTVi -f"o Vivio fonc. rrvnjp slates: it's only one style of many others in wool Patent Beavers, Kerseys, Meltons; in black, blues, brown, tan; but more conservatively styled. $20 values in any store in town. Here I Fyou prefer a Raincoat, we're just now selling a lot of finfi onp5 hJnnks o-mvc fane, fanovsi t wmS Hart, Schaff ner Marx makes too; $20, -4 i $22 kinds Special you who need an extra pair of trousers, here's a chance t! J f a life time! Hart, Schaff ner Marx had a lot of II cloth, in short lengths, not enough for a suit in any of ei them; they made these up into trousers worth $5, $6 and $8; stripes, blues, blacks, grays, etc. We bought the lot and are selling the choice of all sizes small, medium and large at only f t H 1 t 'ft $4 0 roR prams -onuses VJbmlds USE meaa Sprains, bruises and wounds heal quickly when treated with Omega Oil. It is antiseptic, preventing: the gTowth of microbes. It is a stim ulant and promotes free circulation around the wound, thus quickening the healing- process. 10c, 25c, 50c many of the sheets were given to copies of ancient and more recent freak adver tisements. "I believe that advertising is an ancient and honorable custom," said Mrs. Monroe, "and find that Balaam was one of the earliest advertisers with whom history Is familiar. From his day until this advertising methods have been Improved upon until we have the high standard enjoyed today and so necessary to the success of business in our great cities. "We are. advertised best by our lov ing friends and a pleased customer Is the best advertisement that a mer chant can have though there are many other excellent mediums of publicity, including the Club Woman. There are many forms of poor advertising, name ly, the bill board which holds up to our view the unsightly things of life and many which are repulsive to the eye of a. refined public." Opposes Bargain Days. Miss Effie Graham of the high school faculty spoke on "What's the Matter With Tour Advertising" and pointed out enough defects to con vince the average listener that the en tire advertising fabric is anything but what it should be. "Before I com mence this discussion I am willing to admit that I know absolutely nothing about the scientific points of ad writ ing," said Miss Graham, "but you have asked me a question and I shall attempt to answer it. "The members of the legislature in this state have placed a law on the statute books prohibiting the sale of liquor and it seems to me that the next session could do well In passing a law prohibiting i special sales and bargain days. The inappropriateness of much of the later flay advertising is appalling, and I think that this should be eliminated. There should be a corner in every paper given over to the display of the disgusting fea tures which are carried as advertise ments In nearly every paper. One corner should be set aside for this feature and a flap of blank paper pasted over it so that it would be con cealed from all save those who cared to lift the lid and view the display." Frank B. White, president of the Frank B. White Advertising company of Chicago was introduced and after paying a glowing tribute to the talks made by the women on the pro gramme spoke briefly on "Advertising Which Pays." Among those present at last night's meeting of the Topeka Advertising club were: Mr. and Mrs. Marco Morrow, Mr. and Mrs. H. A. Heath. Mr. and Mrs. S. E. Lux, Mr. and Mrs. E. W. Rankin. Mr. and Mrs. Geo. M. Craw ford, Mr. and Mrs. F. A. Snow, Mr. and Mrs. Lee Monroe, Mr. and Mrs. Arthur Capper, Mr. and Mrs. Reese V. Hicks, Mr. and Mrs. R. A. McGregor, Mr. and Mrs. F. M. Ball, Mr. and Mrs. J. E. Greist, Mr. and Mrs. S. L. Court ney, Mr. and Mrs. .1. D. Graham, Mr. and Mrs. J. B. Betts, Mr. and Mrs. Wm. Macferran, Mr. and Mrs. J. T. Bell, W. E. Cundlff, F. P. Metsker, Mr. and Mrs. J. Berkson, Mrs. J. L. Shellabarger, C. E. Morton, J. C. Emahizer, J. L. Vin cent, Guy Adams. Mr. and Mrs. C. P. Adams, Miss Viola C. Reynolds, Miss Minnie Seller, Mrs. H. D. Wilson, Mrs. C. H. Morrison, Charles L. Wood. H. A. Spielman, E. T. Corbin. H. A. Auer bach, Bernard Crosby, and F. S. Sav age. NATIONAL GRANGE MEETS. Representatives of 28 States Gather In Washington. Washington, Nov. 11. Representa tives of 28 states are here to attend the meeting of the National Grange, patrons of husbandry which began its sessions today. Former Governor Bachelder of New Hampshire-, mem ber of the grange will preside over the meetings, which will be held daily throughout this week and next. Although the delegated representa tion is restricted to 58 members and their wives, members of the grange from any state will be admitted to the sessions and it Is estimated that more than 1,000 people already are here for the convention. Today's session was devoted to the presentation of resolu tions which. after discussion tomor row, will go to the committees. President Roosevelt w-111 receive the grange in a body at the White House Thursday afternoon. Pilgrimage to Sherman's Tomb. St. Louis. Mo., Nov. 11. The an nual reunion of the Society of the Army of the Tennessee, began here this morning. After a short opening session the members of the society went by trolley to Calvary cemetery to visit the grave of General William T. Sherman. GRAND OPERA HOUSE Free Christian Science Lecture By MISS MARY BROOKINS, C. S. B. Member of the Christian Science Board of Lectureship of the First Church Christ Scientist, Boston, Mass. Sunday, November 15th, 3:00 P. M. Items for the North Topeka column may be left the Pe.tro Woodford druK store, K9 North Kansas avenue, or call the North Side reporter her home. Ind. phone 28S1 black. Mr. and Mrs. Herbert K. Daniels of San Antonio, Texas, will arrive here Friday to spend a month visiting friends and relatives.-" Mrs. Mary Mathews is able to be up and around again after several months' illness. She has been suffering with an attack of rheumatism. There will be a meeting of the J. D. S. club held this evening at the home of Miss Marie Walker. Mrs. Frank Duncan returned to her home In Blue Rapids Tuesday after a two weeks' visit with friends and rela tives here and in Kansas City. Misses Gertrude Leonard and Cath erine Metsker have gone to Emporia to visit friends of the school until next Sunday. Mr. Howard' Anderson, of St. Marys, will come here tomorrow to spend a week the guest of his cousin, Mr. Wal ter Anderson. They will spend a few days near Silver Lake on a hunting trip. Mrs. Hannah Miller and son LeRoy left this morning for points in Indiana where they will spend three weeks. Mrs. Miller will visit her old home and relatives at Goshen. Mr. and Mrs. Adam Lake have re turned to their home in Arkansas City after a week's visit here with Mr. and Mrs. H. D. George. Ray Williams is unable to attend school on account of illness. He is suffering with an attack of tonsilitis. Mrs. Mary Devey went to Havens ville today to spend a week on a busi ness trip. Miss Helen Smith is Improving after a. week's illness. She will return to work Thursday. Mrs. Josephine Long and son Robert went to Wamego Sunday to spend three weeks' visiting her parents and other relatives. Jlr. Ira Smith of Black Wolf. Kan., stopped in Topeka today to spend a short time with friends while on his way to Chicago where he will make a three months' stay. Mr. and Mrs. John A. Neiswander of Springfield, 111., who have been visit ing Mr. and Mrs. G. W. Anderson of 836 North Kansas avenue for the past week, have gone to the southern part of the state where, they will spend the winter. The Woman's Missionary circle of North Topeka Baptist church met at the home of Mrs. Wm. Van Ness, 1709 North Kansas avenue, this afternoon. Mrs. J. B. Craig, of 120 East Laurent street, returned home Monday from Huron, Kan., where she spent two weeks visiting her daughter. The M. L. S. club met Monday even ing at the home of Miss Christine Fish er, 800 Monroe street, and elected their officers for the ensuing term. Presi dent, Miss Christine Fisher; vice presi dent. Miss Myrtle Broom; secretary. Miss Hazel Brewer; treasurer. Miss Minnie Nystrom. Chairman of commit tees' membership: Miss Lena Patter son; social. Miss Lela Brewer; literary and music, Miss Minnie Middaugh. A social was planned which will take place on Tuesday evening of next week. Those present enjoyed a pleasant even ing. Mystic Circle No. 1 will meet with Miss Alice Cain, 1123 Quincy street, Thursday afternoon, at 2:30 o'clock. BIG DEAL IN PHOSPHATE General J. W. F. Hughes Will Front Materially by It. Columbia, Tenn., Nov. 11. Probably the largest deal In the phosphate In dustry of America was closed here to day with the organization of the Franco-America Consolidated Phos phate company with a capital of $7,600. 000 and the purchase by the company of 16,357 acres of phosphate lands In Tennessee. The company has been chartered under the laws of Arizona. The above dispatch relates to prop erty in Tennessee, in which General J. W. F. Hughes, adjutant general of Kansas, is interested. A. B. Jetmore, of New York, former ly of Topeka, is one of the attorneys who has been employed in putting through the deal. It Is paid that the consummation of this deal will make General Hughes one of the richest men In Kansas. With his three brothers. General Hughes owns 550 acres of Tennessee phosphnte lands. A railroad is now be ing built to these lands, and many very fine offers have been made to the Hughes brothers for the sale of their property. The phosphate deposits in Tennessee are of great value to the big packing houses in making fertilizer. General Hug' es said this morning: "Our phosphate Interests in Tennesseo were placed in the hands of J. W. Con nor, a big Tennesst-e contractor who se cured the work of building the Panama canal, and was then forced to give it up. Connor went to France for the purpose of financing a big corporation, which is referred to in the dispatch. I do not know exactly what conditions were made In placing our property In his hands, whether it is a straight sale or a lease with certain guaranty of royalties. It promises to be a big thing." The I-nst Train Leaving Topeka for KanMs City In the morning Is the Union Pacific No. 106 at 8:15 a. m., arriving In Kansas City at 10:15 a. m. The aftenoon train returning is the earliest train Into To peka at 6:15 p. m. REMOVES THE CAUSE OFCATAHRH No remedy that does not entirely remove the cause of Catarrh from the blood will ever make a permanent cure of the trouble. Just as long as the circulation remains contaminated with the impurities and catarrhal matters which produce the trouble, the mucous membranes or inner linings of the body will be kept in a state of irritation and disease. Sprays, lotions and other local applications will sometimes temporarily relieve the tight fuM feeling in the head, buzzing noises in the ears, uncomfortable, stuffy feeling of the nostrils, and help to loosen the mucus in the throat; but Catarrh is a constitutional blood disorder and until it has been entirely driven from the system there can be no permanent cure. S. S. S. cures Catarrh by removing the cause from the blood. It attacks the disease at its head and by thor oughly purifying and cleansing the circulation, and ridding it of every par ticle of impurity, and at the same time enriching the blood, allows the inflamed and irritated membranes to heal, improves the general health, and S. S. S. reaches down to the very Dorando Sails for America. London. Nov. 11. Dorando, the Italian runner, who made such a sen- I stoos everv disagreeable svmtitom. sationai finish in i the Marathon race ixjttom and leaves no trace of the disease in the system. Book on Catarrh New York. He will run a race in and any medical advice free to all who write. America with John J. Hayes, the win- j THE SWIFT SPECIFIC CO.. ATLANTA, CA. ner of the Marathon.

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THE TOPEKA DAILY STATE JOURNAL WEDNESDAY EVENING, NOVEMBER 11, 1908. 7 1 The Creators and Makers of Felix Clothes are specialists of long experience, who devote all their time, thought and en tire establishment to the making of yomiK men's clothes that different :ind, which all particular young chaps, ;;nd older ones, prefer to all others, fhoose what you may from our splen did asosrtment of Felix Suits and Overeats U5 $35 Vou take no chances. Your size will fit you physically please you mentally never disappoint you in a single fea ture from the first day to the last. We'll prove It before you purchase. 629-631 Kansas Ave. HEAD-TO-HEEL OUTFITTERS. HOTEL MEN HERE. President Miller Takes an Ad vanced Stand. Urges That More Attention Be Given to Training Help. NOT LIKE OLD DAYS. Compares Our Hotels Wth Those of Ancient England. Food Specialist Too Is Fast Disappearing. 1) r i 4 -sl 111 International Competition at Rome. FIRE AT SCHICK'S. Loss Includes Damage to Southwestern Furnture Company. About ten minutes after noon today fire broke out in a pile of excelsior in the rear of the Schick Mattress fac tory at 120-136 Jackson street and for over an hour the Are department fought the flames which spread rapidly to ad joining buildings. The loss to the Schick company will not exceed- $5(K) while the loss to the1 South westeff? Furniture Manufacturing company will reach about $1,000. The latter company suffered the loss of two carloads of pine and quartersawed oak lumber which is used in the manufacture of their office fixtures and furniture. This wood was stored in piles Just behind the two story brick building which is oc cupied by the factory of the builders and the lumber was covered by a small shed. The fire was blown to the shed by the brisk south wind and climbing up the roof it burned out all of the second story window sashes of the building and then burned down through the shed into the lumber. A small stone stable used by the Schick com pany was burned out completely but not before the employes could bring out the horses and harness. The loft full of hay was burned. No cause is known for the fire. It is impossible for a spontaneous combus tion to occur in the excelsior material used by the mattress company. The of ficials have an idea that sparks from a passing Rock Island switch engine dropped among the dry excelsior. No reason but this can be accounted for by the officials. When the fire department arrived on the scene just after the fire had been discovered, flames were leaping up into the air in a threatening manner and it was thought that the Chesterfield hotel was burning. A general alarm was turned in and departments from all over the city arrived. The dry ex celsior and light lumber which was in the path of the flames gave the firemen lots of trouble and with three lines of hose they worked for a half hour get ting the fire under control and having the big building occupied by the South western company which was in great danger, as two carloads of lumber piled next to the building were blazing fiercely. By the help of the employes Fat Women Look Sloppy, Scanty and Grace Disappear With Fat. A woman'! form is essentially one of grace; the lines of beauty vanish as fat accumulates and Instead of beauty we see bulk, and what cm once fair becomes a fright. on the inside and the streams of water on the outside the building was saved. If the fire had happened in the night when the building was deserted it is doubtful if it could have been saved as the whole floor space is a mass of shavings, light lumber and easy burn ing material. The officials of the South western Furniture Manufacturing com pany state that the probable loss will be tl.000, which is fully covered by in surance. The Schick company did not suffer as heavily as the Southwestern. They lost over a hundred bales of the ex celsior and other material stored, out in the enclosed yard behind the.-fac tory. T;He loss, to their .stable wiUeoa-j sutute tne -greatest Item. The fire spread to the stable so rapldlv It was fortunatethat the employes happened to be in tne vicinity or six horses would have been burned. As it was they were taken out just as the loft caught fire. The fire was first seen by a man walking on Jackson street and he turn ed in an alarm at once. The steamer from No. 2 came on the general alarm but by that time there were several lines of hose on the conflagration and the extra power was not needed. It was not until late this afternoon that the firemen left the scerrr as the dan gerous excelsior was burning In many places. When the fire was first seen it was burning in about a dozen places. The work of the two manufacturing companies will not be hindered on ac count of the fire and the officials state that all orders will be filled as usual. WANT FREE HIDES. t tie y Fat Peopls Like Thi Havo Been Quickly Beducea to Normal By Rengo. Renj?o will rttluce you. li is perfectly safe. You eat it like fruit or candy and easily and safely reduce your fat a pound a day. For sale by all druggists at $1.00 per full plzed box. or by mail prepaid, bv The Reneo Co.. 3C"4 Rengo Bids.. Detroit. Mich. The Company wiil Kladiy send you a trial package free by mail, if you will write them direct to Detroit; no free packages at drug store. Reneo is for sale and recommended In Topeka by G. W. Stansfif:d, 630 Kansas fcv: Gatlln Drug Co.. 702 Kansas ave. F. A. Snow. 523 Kansas ave.; A. W. Lacey, HI North Kansas ave. Shoe and Ieatlier Manufacturers Will Demand a Hearing. New York, Nov. 11. Citing that the recently issued call for hearings on tariff revision now going on at Wash ington does not mention hides, inter ests represented by the National Shoe Manufacturers association and Im porters of hides and leather have joined forces with the intention of de manding a hearing before the ways and means committee of the house. These interests further assert that the removal of the duty on hides has been a live issue for a long time and that they are being discriminated against through the western meat packers. Several conferences have just been held here and in Boston with the re sult that a committee will be sent to Washington to appear before th committee. Members of the National Shoe Manufacturers association have prepared data which will be furnished m tne committee from which it will argued should a hearing be grant 1. that the packers alone share the 4-ofit from a fifteen per cent tariff on le leather and hides, and that shoe inufacturers and retailers are com !'ed. in consequence to pav a higher ice for the finished product. LOCAL MENTION. Dr. S. Temple, Osteopath. "S3 Knns? ave. Ind 1642. Res. 51T4. Bell 1SSS. L. F. Randolph, formerly of Norton ville. Kan., a well known newspaper man and politician, was elected county juUge last week in Kiowa county, Colo., leading the vote on the Republican ticket. Another illustration of how the Kansas man always gets there. "Cse the teler)hone," says an ad vertisement, in one of the large east ern papers. No one in this western country need be reminded to use the phone. The service of the In dependent has become so efficient that we use it, almost constantly, and un thinkingly. The vaudeville programme at tha Novelty theater this week is proving very popular with the patrons of that playhouse. The bill contains-five vaude ville acts in addition to the Illustrated song and moving pictures and each of the acts is entertaining. Included in the programme are Miskel, Hunt, and Miller; Fern Mack, the great Rich ards, Nellie Texana. Cleone Peral Fell, P. E. Hamlin and the viascope, which shows a distinct novelty in the kind oi picture presented. Demand Eagle's Rose Tint five cent cigar at your dealers. Don't accept a substitute; no other five cent cigar has such a pleasant and fragrant aroma or satisfying taat There were 100 or more strangers on the street this morning, all of them rotund and well fed and this one thing indicates that the Kansas and Missouri Hotel Men's association is meeting in the city. At 12 o'clock they met at the National hotel where speeches were made and an hour later the same peo ple met at the Throop hotel where later the noon day lunch was prepared for them. The business meeting was held at the roof garden of the National hotel where Judge C. F. Foote delivered the address of welcome. Following the address of welcome, F. F. Miller, president of the association, replied as follows: "Having been extended the courtesies of the city and having obtained per mission of the authorities to remain in the confines of the city of Topeka, Kansas, over night, we hotel men, tav ern keepers, members of the Kansas and Missouri Hotel association open this, our fifteenth annual meeting un der the most flattering auspices. "These associations are a source of education and pleasure to us all, and not only do associations lead to busi ness advantages, but to the highest or der of business development. An as sociation of any kind is an educator. "The trend of the times makes asso ciations almost Imperative, and today every trade and profession has Its or ganization, as self protection has made it necessity. "Today there Is too much legislation endeavoring to regulate everything from table manners to the length of the bedsheet Instead of leaving some thing to the individual taste and judg ment. "The mingling together of men of any vocation, exchanging Ideas, has a ten dency to broaden us. There is nothing learned by staying at home and plod ding on eternally in the narrow con fines of one's surrounding. "In the exchange of ideas with our neighbors in the form of discussions we learn something some new suggestion will lodge itself in one of our brain cells, and at the appointed time will come forth, filling a long felt want. Little ideas and suggestions picked up here and there will go to make up the wnole and the perfection of the work in hand. "The opening of a training school such as is suggested by the Interna tional Stewards' association, Is a step In the right direction. The Toung Women's Christian association open ing a training school for waitresses op ens a new and respeetaoie neia ior la bor. Why should hotels be compelled to go out into the corn and cotton fields for their help, or to the bargain counters for its experienced waitresses? Work and life is what we make it, and there should be no taint in the menial work about a hotel. "Elevate the working department of your hotel ois the merchant elevates his clerks and other employes; furnish light and comfortable reading rooms, places where they can meet, look to their comforts, and with the training they receive at these training schools mentioned, we will be in a position to furnish better service to our patrons. t-v, encnessfui hotel man is a man of tact and of far reaching judgment. He is called upon to be the legal an financial adviser, listen to the tales of joy and sorrow, especially 'joy' after a night's experience by one of his out-of-town guests; must be far-sighted enough to know when and when not to cash a check and still not give offense, in fact he makes up the concrete man, still endeavoring to meet his rent at the end of the month, pay his help and look the merchant square in the face when he meets him on the street. "To my mind, individuality Is the keynote of success. "The Old hotel men with their repu tations for specialties have passed away and New York furnishes the best examples: Hash at the Stevens; steaks at the Sinclair; clam chowder at the Old Astor; codfish balls at the Everett; catfish and waffles and pepper pot in Philadelphia have passed Into oblivion. "It is true New York has Its Waldorf, its Knickerbocker Plaza and its Astor; Buffalo its Statler; Cincinnati its Sin ton But today the west and middle west are establishing an enviable repu tation In Its new hotel enterprises. "Here we have our Auditorium with i voHnitn annexes: Baltimore in Kan sas City; National in Topeka; St. Francis and Palace in San Francisco; The Washington in Seattle and many others too numerous to mention with their Pompeiian rooms, palm and roof gardens which are the envy of the commercial world, for in no line of business is there more capital invested than In an up-to-date and modernly equipped hotel. "When we stop to consider the pres ent palatial city hotels which have grown to be a combined art gallery, music hall and club casino and com pare these with the 'Old New England Inns' as described by Mary Carolina Crawford. which by the way is worth reading we ask. where are we drifting and what will the patrons of hotels in the next few years demand and when will this elegance end? "Kings and queens were never fur nished such elaborate accommodations as today are furnished at practically a A Queen's Taste for good coffee would be satisfied with my Blend No. "3" 35c per lb. or 3 lbs, for $1.00 Chas. McCIintock Tea Coffee China 815 Kansas Ave. Cultivating Slimness Fat women must take this injunction to heart if they want to be in style for the new modes will not drape over a fat fig ure. Te fat has got to come off quickly but without harm, of course, and this means only one thing can be depended upon. Exercising or dieting are too slow. The fat woman who wants to wear a form clinging gown must make an immediate trip to her druggist and get a case of Marmola Prescription Tablets, which will cost her about 75 cents.-. Taking one of these after each meal and at bedtime should be enough to bring her to the "losing-a-pound-aday" stage be fore even the first case is used up. It is hardly believable that such delightful re sults can be obtained without harm and for such a small sum of money, but then, fact is stranger than fiction. Test the effect of these tablets by get ting a case yourself, either from the Marmola company, Detroit, Alien., or from any druggist. They are made in exact accordance with the famous Mar mola Prescription and. consequently, can not have any ill effects. I, Tffj nominal price, for a stranger may en joy these surroundings simply ior the price of a dinner. "During the past year your executive committee has twice been in session to discuss the best means for the promo tion and welfare of this association and make this meeting memorable In the history of the Kansas Missouri Hotel association. We trust our work will bear fruit in the future, our asso ciation will increase in number, and be the means of bringing about legislative acts beneficial to the operation of ho tels in the towns and cities in the great states of Kansas and Missouri." BODY QF ANDREE. Reported to Have Been Found on Coast of Labrador Copenhagen, Nov. 11. There is rea son to believe to believe that the body of Prof. S. A. Andree, the Arctic ex plorer, who in 1897 made an attempt to reach the North Pole In a balloon, has been found on the coast of La brador. A letter received here from the cap tain of the Danish steamer Inga, da ted Labrador, September 30, reports that Captain Chalker, skipper of the American schooner Pelops of Concep tion bay, N. F., discovered in northern Nabrador a cross bearing the name "Andree" and that beneath this cross he found a body and box of documents. TORE OFf TIlEin CLOTHES. Club Women Stripped Two Little Girls in Court Room. Chicago, "Nov. 11.-Indignant over a court decision which returned two tiny twin girls to their mother's arms, members of the Douglas Park Woman's club seized the children and almost stripped them of their clothes. The incident occurred in a corridor of the juvenile court building just af ter Judge Merritt W. Pinckney had given the children, Catherine Louise and Margaret Mead, .into the custody of the mother, Mrs. John Edwards of Oklahoma City. Oklaf Mrs. Mary Dupree. and Mrs. Anna Dochelder with several other women, who said they were members of the Douglas Park Woman's club, ap peared In. the courtroom, where a petition had been filed asking that the children be given by" the court for adoption. Mr. and. Mrs. William Foss of JoMetv HJ-ivasked 'tho- court that the children be awarded to them. The members of the woman's club also ex pressed a desire that the court give the children to Mr. and Mrs. Foss. Mrs. Edwards, the mother of the girls, who was summoned by the court ffom Oklahoma City, sent Judge Pinckney letters from the mayor of that city and several other prominent citizens showing that she was a proper person to care for her babies. Judge Pinekney disposed of the case by giving the children to their mother. Before the childrene and their mother had time to leave the court room the club women and Mrs. Foss, according to the Rev. Mr. Salser of St. Peter and St. Paul cathedral com menced to strip the children o their clothes, declaring that they had given these to them and that Mrs. Foss would be given their custody instead of the mother. Probation officers in the building at the time procured some shawls and wrapping them about the little girls took them into a side room. Clothing was finally procured from St. Marys mission house. After the children were again dressed Margaret complained of hav ing a chill. She showed signs of a re lapse from scarlet fever, from which the two children recently suffered in the county hospital. Ft r y 1 The Topeka Rebate Asso. Will Refund Your Round Trip Fare SERE'S THE WAY IT'S DONE: When you leave home buy a round trip ticket to Topeka. If you pay your fare on the train IrAfan tY o ronpint tha nYnrJnMv crixraa rrn Wlon trrwii rrof tr TVvnolrQ acilr "fVr o T?Hntrf Book in the first store in which vou trade. Then in each store in which vou trade have the B total amount of vonr nnrphnsps AntrH When thrfuo-h trnHino' talfft vonr Rebate "Rook to The Commercial Club, 627 Kansas Ave., From 9 A. M. to 5 P. M. and present it as you would a check. Merely show your return ticket or cash fare receipt, which will identify you as an out of town shopper. The fare refunded is based on the Total amount of your purchases. In refunding; fares the entire sum shall not exeeed 5 per cent of your total trade, and in no event will any sum in excess of your actul outlay for transportation be allowed. In the few cases where your full round-trip fare cannot be refunded, because of the insufficiency of your purchases, 5 per cent of the Total amount entered on your Rebate Book will be paid towarfl your fare. BEFORE MAKING A PURCHASE IN TOPEKA BE SURE THE MER CHANI IS A MtMUtU Of THE TOPEKA RLBA1E ASSOCiAllON Have Each and Every Purchase Von Make Entered in Vonr Rebate Hook J Members of the Topeka Rebate Association j ART GOODS. ETC. J. D. Sullivan. ARTISTS MATERIAL, ETC. The J. K. Jones Paint Co. The A. B. "Whiting Paint Glass Co. BICYCXES, MOTOR CYCLES, SUPPLIES, ETC The Central Cycle Supply Co. BLANK BOOKS, SUPPLIES, ETC. Crane Co. BOOKS. STATIONERY, ETC. The Fair. Crane Co. BRICK. Remly Lumber Co. The Star Lumber Co. CARPETS. RUGS. ETC. Cash Mercantile Co. The Crosby Bros. Co. The Emah izer-Sptelman Furniture Co. E. W. Hughes. The Mills Dry Goods Co. W. H. Rutter. The Zanditon Co. CARRIAGES. WAGONS, ETC. Warner Potter. The Western Vehicle Supply Co. CHINA, GLASSWARE, ETC. The Crockett Mercantile Co. The Crosby Bros. Co. The Warren M. Crosby Co. The Emahizer-Spielman Furniture Co, The "Fair. Charles McCIintock. The New Era Department Store. Paxton Pax ton. The Zanditon Co. CLOTHING, FURNISHINGS, ETC. (EXCLU SIVELY.) August Clothlug Co. Felix Sons. Globe Clothing- Co. Herron Midrtaugh. The Palace Clothing Co. Robinson, Marshall Co. A. Samuel. CLOTHING. FURNISHINGS. ETC. (IN STOCK). The New Era Department Stora. Paxton Paxton. The Zanditon Co. COFFEES. TEAS, ETC Fraser Bros. Charles McCIintock. Morns Myers. DENTISTRY. Lux Lux. DRUGS AND SUNDRIES. Campbell Drug Co. G. W. Stansfield. L. T. Price (Successor to L. S. Woolverton.) DRY GOODS. SILKS, ETC. Cash Mercantile Co. The Crockett Mercantile Co. The Crosby Bros. Co. The Warren M. Crosby Co. lhe Mills Dry Goods Co. The New Era Department Store. Paxton Paxton. The Zanditon Co. DYNAMOS AND MOTORS. Machinists Electric Co. ELECTRIC LAMPS. The Eaple Electric Co James B. Hayden. ELECTRICAL SUPPLIES. The Eagle Electric Co. FINDINGS AND SHOE STORE SUPPLIES. O. Krauss Sons. FLOWERS. FT ORAL DECORATIONS, ETC. Hollcraft. Florist. Mrs Lord's Flower Room. PUItXITURE. HOUSE FURNISHINGS, ETC. The Crosby Bros. Co. The Emahizer-Splelman Furniture Co. F. W. Huerhes. W H. Rutter. GAS FIXTURES AND SUPPLIES. T. H. Forbes. GASOLINE LAMPS. Topeka Puptily House. GLASS. WINDOW' AND PLATE. T A B. Whitlnsr Paint Glass Co. GROT-FRIES AND PURE FOODS. Fraser Bros. Morns Myers. HARDWARE. TINWARE. ETC. The Goufrhlln Hardware Co. W. E Culver. D. H. Forbef. Tbp Western VobWe Supply Co. fTAR'VF.SS AND SADDLERY. Warner Potter. The Western Vehicle Supply Co. Oscr G. Woolverton. G V Worlpv. JEWFI RV. DIAMONDS, WATCHES. ETC. I. M. Wtz. S Freldber. Jurnes B. Hayden. p. W. Pwearlnsren. Chas. F. Wardin. C A. Wolf. WTI TOW OOODS. The Topeka Trunk Manufactory. LADIES' READY-TO-WEAR GARMENTS. Berkson Bros. Cash Mercantile Co. The Crockett Mercantile Co The Crosby Bros. Co. The Warren M. Crosby Co. The Mills Dry Goods Co. Tho New Era Department Store. Paxton Paxton. The Zanditon Co. LAW BOOKS, LEGAL FORMS. ETC. Crane Co. LEATHER, SADDLERY AND SADDLFJRY HARDWARE. 0. Krauss Sons. LUMBER, BUILDING MATERIAL, ETC Remly Lumber Co. The Star Lumber Co. MACHINISTS. Machinists Electric Co. MEAT AND MEAT PRODUCTS. Fraser Bros. Morns Myers. MIRRORS, MANUFACTURING AND REPAIR ING. The Fair Mercantile Co. smxixERY. The Crockett Mercantile Co. The Crosby Bros. Co. The Mills Dry Goods Co. The New Era department Store. Paxton Se Paxton. Topeka Millinery Co. The Zanditon Co OPTICIAN'S AND OPTIC All GOODS. 1. M. Blitz. S. Friedberg. James B. Hayden. F. W. Swearingen. Chas. E. Wardin. OFFICE SUPPLIES, ETC. Crane Co. PAINTS, OILS, BRUSHES, ETC. Campbell Drug Co. C. M. HilL The J. K. Jones Paint Co. The A. B. Whiting Paint Glass Co. George A. Wood. PAINT MANUFACTURLNG, WHOLESALE AND RETAIL. The J. K. Jones Paint Co. PHOTO SUPPLIES. G. W. Stansfield. J. C. WTolcott. PIANOS AND MUSICAL MERCHANDISE. Bell Bros. Piano Co. The Emahlzer-Spielman Furniture Co. PICTURES, FRAMING, ETC. The Fair Mercantile Co. J. D. Sui ilvan. PORTRAITS. J D. Sullivan. PRINTING. EN GRAVING, ETC. Crane Co. Warner Potter. The Western Vehicle Supply Co. REPAIRING BICYCLES, MOTOR CYCLE. The Central Cycle Supply Co. RUGS MANUFACTURED TO ORDER. O McCormlck Rug Factory. SEWING MACHINES, SUPPLIES. ETC. The Emahizer-Splelman Furniture Co. SHOES AND FOOTWEAR (EXCLUSIVELY). Drechsel Shoe Co. Ellet Shoe Co. (Successors to The Fltwell Shoe Co.) C. A. Fernstrom. Matthews' Shoe Store. Payne's Shoe Store. SHOES AND FOOTWEAR IN STOCK. August Clothing Co. (Men Only.) Boston Shoe Store. The Crosby Broe. Co. (Women and Children Only.) The Warren M. Crosby Co. (women and Children Only.) Herron and Mlddaugh. m The New Era Department Store. The Palace Clothing Co. (Men Only.) Paxton Paxton. A. Samuel. SPORTING GOODS, ETC. The Couglin Hardware Co. The Fair Mercantile Co. D H. Forbes. STOVES AND RANGES. The Couglin Hardware Co. W. E. Culver. The Emahizer-Splelman Furniture Co. D. H. Forbes. The Western Vehicle &r Supply Co. SURGICAL INSTRUMENTS, ETC. G. W. Stansfield TRUNKS. VALISES. LEATHER GOODS, ETC The Crosby Bros. Co. The Palace Clothing Co. The Topeka Trunk Manufactory. TAIIORS. Wolff, the Tailor. WALL PAPER, DECORATING ETC C. M. Hill. The J. K. Jones Paint Co. H. L. Lareh Co. George A. Wood. BUSINESS SUSPENDED. Citizens of Several Counties Attend tbc Carmack Funeral. Harry lioDbs, Quit's LtH 'lac-tie. Columbia. Tenn., Nov. 11. Business was entirely suspended and the people of this city and county together with many from other Tennessee counties turned out today to do honor to the memory of the late Senator Edward Carmack. Public" buildings were draped in crepe out of respect to the memory of the man who met such a violent death on the streets of Nash ville Monday afternoon and gloom pervades this entire community. The funeral services were held in the Methodist church and at the request of Mrs. Carmack were very simple. The services nevertheless were very Impressive and the scenes at the church and at the grave where the distinguished statesman was laid to rest were such as will never be for gotten by the assemblage of sorrow ing friends. The services at the church In charge of Rev. W. T. Boah, pastor of the First Christian church here, the church of which Senator Carmack was a member. Rev. R. L. Cave of Nashville, delivered the ad dress at the church. At the grave the burial was con ducted with Masonic honors, the Masonic services being presided over by Major John Williamson of this city, past grandmaster. As a mark of love and esteem floral offerings were sent to Columbia from all sections of the state. The floral offerings from this city constituted the most gorgeous floral offering ever seen In Tennessee. The offering from the citizens of Columbia and Maury county was a magnificent pall which covered the entire casket and was composed of American Beauty roses and white chrysanthemums, white roses, lilies and other prominent floral offerings were sent by the Elks, Winnie Davis chapter U. D. C Bohemian club, Century club. Kings Daughters, school children, county officials. W. C. T. TJ.. and others. For an hour before the church ser vices great crowds gathered and the auditorium was packed to overflowing while hundreds were turned away, un able to gain admission. NO MARRIAGE WITH CLARKSOX. Miss Maloney Will Remain Single a Wlillo Loiiffer. Philadelphia, Nov. 11. Announce ment that Helen Maloney has put aside all idea of matrimony for the present, at least, has come following the publication of an advertisement which simply said that there would he no marrlnee between her and Samuel Clarkson. It is said by relatives here that the abandonment of the proposed mar riage was on account of the proceed ings which Marquis Maloney has In stituted to have the Roman Catholic church sanction annulment of the marriage with Osborne. It is pointed out that If Miss Ma loney should become a wife while the case Is In the hands of ecclesiastical authorities at Rome It would be sure to prejudice her case. Some days ago an advertisement similar to that printed today wu published In London caper.

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9 offow You eaper :om Sixth Street See what these merchants offer on this Wednesday's Sixth Street page. You can certainly save on your winter clothing:, groceries, shoes, or almost any thing else you may need. Trade on Sixth Street tomorow. THE TOPEKA DAILY STATE JOURNAL WEDNESDAY EVENING, NOVEMBER 11, 1908. jToiii UALITY "ALWAYS FIRST' Northern White Potatoes, per bu..." 75 C (5c per bushel less in 10 bushel lots) 9 Uneeda Biscuit, 3 pkgs. 10c Graham Cracker, 2 pkgs 15c Welsh's Pure Vermont Maple Syrup Quart can 45c Half gal. can 80c One gal can $1.50 Buckwheat Genuine from Penn Yan, New York 5c pound Sugar Fine Standard Granulated 19 lbs. $1.00 Flour Pride of Topeka extra high patent 48 lb. sack $1.35 Imported Sardines Jupiter brand in Pure Olive Oil, 20c quality at per can 10c Horse Shoe and Star Tobacco, Per lb. 40c We Give Premium Stamps- -We Want Your Patronage THE DIBBLE Two "Big Stores' Two KEEP YOUR FEET DRY- Buys Shoes and Rubbers at These Extremely Low Prices. They Are Cheaper Than Doctor Bills. Men's Rubbers, any size, price 75c Ladies' Rubbers, extra good quality price. 60c Children's Rubbers, good quality, price. .50c Ladies' and Misses, 1 buckle -Arctics, a pair. .$1.00 Children's Arctics, 1 buckle, a pair. .75c Men's 1 buckle Arctics, a pair v i w $1.00 Men's I buckle Arctics, extra good quality, a pr $1.40 Men's 1 buckle Arctics, all rubber hood rubber, a pair $1.65 Men's felt boots ,1 buckle, snag proof overs, pr. $2.50 Men's Satin Calf Shoes, blucher cut, a pair $1.75 Men's Box Calf Shoes, special values, a pair $2.00 Men's Vici Kid Shoes, Goodyear welt soles, pr. $2.50 Ladies' Shoes, 1 special lot to close $1.00 Ladies' Shoes, special values, a pair $1.75 Ladies' Patent Leather Shoes, blucher cut special $2 Children's School Shoes, solid leather at $1.25, $1.40 $1.50, $1.75 and $2.00. Also Kaufman Pre-Shrunk Suits and Overcoats, nothing better ever produced in ready to wear clothing, if you need a suit or overcoat we can save you $5 on your purchase. See what we have to offer. The prices $12.00 to $20.00 Men's Duck Coats, interlined with slicker at $1.75 Railroad Fare Refunded to Out-of-Town Customer 'COTffN(&Sf0SV 8 ASTSXTffSl Ind. Telephone 1549 Would Like To Have Your Grocery Trade. CAN SAVE YOU MONEY 3,000 lbs. Wolff's No. 1 Capitol -a o Hams, per pound IOC Every one in Topeka who eats meat should buy one EVERY HAM GUARANTEED Shawnee Grocery 112 EAST SLXTH STREET 112 Phones: Ind. 415, 425 Bell 425 Good Service Good Goods These 6th Street Merchants are after your trade They are going after it with a concert ed advertising effort and low prices. .Read the items carefully and then they will get your business. A Few of Our Many Bargains Apron Check Gingham, good quality, yard Pillow Cases, good qual ity, 42x36, each Ready-made Sheets, 2i yards richeby.2i.lonf:...:...,.48c 5c 10c 50c Men's extra heavy fleeced Underwear, per garment Children's warm, ser- C viceable union suits, each Cui3w Heavy weight overalls ff.O and jackets, each ..flOw THE TOPEKA CASH STORE 110 East Sixth Street stands for Parlin Orendorf, makers of Plows, Cultivators, Listers, Etc. not the ordinary kind, but the famous Canton implements the best in the world. We Have '.Carried the-.Canton Implements for 25 Years and they have stood the test for durability, strength and up-to-dateness without a failure.'lWe're ready now for your spring business. Come in and see us. We also handle Colum bus Buggies. Ml WARNER POTTER 6th and Quincy Sts., Topeka, Kansas. ta omorrow s money oaviiiff Prices at The Big Cash Store These offerings convincingly verify the fact that your require ments can be supplied at this big store at prices that mean a sub stantial saving on your purchases. 51.00 Comforts, 75c A good one for rough wear, or would be fine for a pad generous size marked 7 to sell at $1.00 each IJW 65c Blankets, 48c The usual 10-4 size have fancy border and bound ends make fine winter sheets for medium sized bed, our 65c values llflr per pair, tomorrow fiOV 50c Sheets, 29c We never knew a ready-made bleached sheet, 72x90, to sell at this price when cotton was below normal the muslin is worth 38c at retail we will limit these to two sheets to the customer, each 29c 7'Ac Towels. 4c Honeycomb weave, fringe ends, fancy bor der, sizes 18x40 inches, not more than ftf i dozen to the customer each fiLr 75c BacH Comb, 49c The popular spread eagle design closely set with glittering gems, shell only FtQn special tomorrow each fxyL $1.25 Umbrellas 98c Warranted waterproof top has wide tape edge, assorted fancy handles. Ourreg- QQ ular $1.25 sellers for one day only, each VOC 59c 7c 19c 75c Petticoats, 59c Made of black mercerized material, -have wide ruffled flounce you haven't seen a gar ment like this for a long time at this price our 75c ones tomorrow at. 10c Mittens 7c Children's double knit black mittens, with long shaped wrist. Our regular 10c sellers tomorrow per pair 35c .Toques 19c Children's worsted stocking caps fancy colors, cord and tassel choice 25c Union Suits 19c Gray fleeced union suits for children sizes 4 to 14 years, open down front, drop 1 QjV seat 25c values 1v $15.00 Rain Coats $8.95 Made of Priestley's cravenette, strictly all wool, absolutely rainproof, dark mixed weave, full length. $15.00 value, tomor row for $6.00 Shirts $4.95 A beautiful tailormade skirt black chiffon panama, warranted all wool trimmed with self fold that has 4 stitched bands of taffeta silk on same. Splendid $6 value,. f. QC tomorrow WkvJ $8.95 NO TELEPHONE ORDERS FILLED AT THESE PRICES PAXTO Great Manufacturer's hqh sails: $20, COO Surplus Stock of Manufacturers Shoes Being Sold at 40c, 50c, 60c on Dollar -Prices the Lowest Quality the Best Shoes for everybody at less than wholesale prices. No old shoes in this stock every pair manufactured for the fall trade, 1908. All the late style to select from. Aguarantee goes with each pair of shoes we sell. Money saved by buying now. Ladies' House Slippers, $1.50 kind, for. 93c Ladies' Fine Shoes, $3,00 kind, for $1.48 Ladies' Shoes, $3.50 kind, for $1.98 Ladies' Shoes, $4.00, $4.50 kind, for .$2.55 Men's Shoes, $3.25 kind, for $1.98 Jilen's Shoes, $4.00 kind, for $2.55 Boys' and Girls' Shoes, $2.00, $2.25 kind, for $1.45 Baby 60c Shoes for .38c Child's $1.25 Shoes for.., ,.w..73c LOOK FOR. BIG SIGN li vJ H n tltllL J. SNATTINGER. 106 East Sixth Street, TopeRa. Kansas. Such DifferentThingsto Eat Get Them at the Ideal Vienna, Poppy and Rustic Finger rolls, all are new doz 10c English Tea and Baking Powder Biscuits, doz. 10c Peanut Hot Cross and Buttered Buns, doz. .10c Pocketbook Rolls, doz 10c Our delicious pies include Apple, Pumpkin, Mince, Cream, Apricot, Raisin and Peach, quality makes the price, each ,..15c Delicious little Nut Cakes, lots of nuts, each... .10c Pumpernikel Rye Bread, loaf. 10c The the boy or girl bringing. in the most Weston Bread cards, for our Christmas spending money con test this week before 6 p. m. Saturday evening, will receive a Special Prize of a full pound box of the best candy in the store. To all those bringing in 10 or more we will give 10c worth of any kind of candy. If you don't understand the contest come in and we'll explain it to you. The Ideal Bakery THt PLACE THAT'S DIFFERENT" lleil Schaffer 121 West 6th Street. Phone 190. Grocery Opening I have opened at III East 6th Ave., formerly the Colonial Grocery, a full line of new standard and fancy groceries embracing the best to be found in the mar ket at prices within the reach of alL Highsst price paid for butter and eggs. I am doing business on a cash basis and conse quently my customers are not paying other' peoples debts. A complete meat market, whrre the best in this line can always be found, is in charge of Chas. Parker. Your patronage is solicited. Phones 855. A E. Jones Trade on Sixth street exclusively for a month and then compare your bill of expense with those of the past. The difference will really surprise you.

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THE TOPEKA DAILY STATE JOUBTAIr-WEDNESDAY EVENING, NOVEMBER 11, 1908. LEGAL. Published in The Topeka State Journal November 11. 1908.J SUPREME CJpT SYLLABI. No. 15.143. Missouri, Kansas Texas Railway Com pany. vs. H. McDowell. Error from Miami County. -REVERSED. Byllabus. By the Court. Porter, J. In an acttnn npninat a railway com pany to recover damages caused by fire property mjumi wu "lhh jo ana naa Decome a part or real estui It is error for the court to refuse to permi the railway company to inquire into the u or tne land Detore ana alter me uru. jui tne Justices concurring. A true copy. Attest: D. A. VALENTINE, Seal. clerk Supreme Court. No, 15.261. R. A. Sykes. et aL vs. The Citizens" National Bank of Des Moines. Iowa. Error from Wyandotte County. REVERSED. Byllabus. Bv the Court. Benson, X. In the absence of stipulations evinc Iner ft different intention, the negotiable quality or a promissory note maae Kansas and payable in Missouri will be aetermmed bv the law or Missouri. 2. The common law of another jstate governing commercial transactions In is sue in the courts of this state is to" be determined as a fact, upon pleadings and proof: in the absence of such proof it will be presumed that it is the same as our own. 3. The evidence is examined and found to be insufficient to support the findings of the district court that the note ir suit was. Dy the law of Missouri, ne- gotiaDie. All the Justices concurring. A true copy. Attest: D. A. VALENTINE. Seal. Clerk Supreme Court. No IS 2SS The Atchison. Topeka Santa Fe Rail way Company vs. Elizabeth Rudolph. Error from Barber County. REVERSED. Syllabus. By 4he Court. Graves. 1. Where the employee of a railroad company in the discharge of his duties, has two methods bv which his work can be accomplished, one safe and the other uanserous. ana he voluntarily and of his own choice adopts the dangerous method and Is injured while so enerae-ed. no re covery from the railroad company can be ubu iwr sucn iniunes. 2. W'here a railroad company furnishes Its freight cars with automatic couplers, coupling by Impact, with which cars may jk7 i-uui.Mt?u ana uncoupiea witn sarety, and Without srnincr l r brakeman who refuses to use such safety oi'iiuaiRT. ana voluntarily adopts the dan gerous method of going between the cars biio rining on tne Drake beam while mak ing a flying switch, and is fatally injured while so engaged, no recovery can be had against the company, under section 422 of me 'ofle. dv tne surviving widow or per- culm icyicsciuduve oi me deceased All the Justices concurring. A true copy. Attest: A. VALENTINE. Seal. Clerk Supreme Court. No. 15.307. Mary Roberts vs. The City of St. Marys. Error from Pottawatomie County. REVERSED. Byllabus Bv the Court 7ienen ?.v. i? p"eral rule that persons dealing with the officers of a. municipal corpora .IJ"."8' ascertain the nature and extent jl ineir autnority. Dut in matters which are the proper subjects of municipal ac tion, where there is no provision of law reauiring that such authority shall be jiivfu uy iiirmai action or tne governing V"" y1? n"'7vv" ".v a course or con duct wmoh induces others honestly to as- nu i v upon its existence. -All the justices concurring. A true copy. ttest: D. A. VALENTINE, seal. Clerk Supreme Court No. 15.835. C. C. Coleman, vs. F. P. MacLennan. Error from Shawnee County AFFIRMED. ByiiaDUS. Bv the Court Tlru r tne Publisher of a newspaper 'cir culated throughout the state publish an V 1 tacts ana making com ment relating to the nfneiai character of a state officer, .who is a can didate for re-election, for the sole pur pose of giving to the people of the state what he honestly believes to be true In formation, and for the sole purpose of en abling the voters to cast their ballots more Intelligently, and the whole thing is pone in good faith, the publication Is prlv- jtt-sra aimougn tne matters contained in ziiaj ue untrue in ract and de. rogatory to the character of the candl date. 2. Generally, publication nhn.,ii wider than the moral or social duty to publish. If It be designedly or unneces sarily or negligently excessive, privilege i!i ius.1.. dui ii a state newspaper pub lished primarily for a state constituency have a email circulation elsewhere, it la not deprived of Its privilege In the dis cussion of subjects of state-wide concern because of that fact. 3. If on the trial of a suit for libel the jury snouia nna specially from the evl aence mat tne piaintirr suffered no dam ages from the publication complained of. It will not be presumed that the finding was inaueea Dy instructions regarding i-auiuuitti jue!iiUiis in tne case not re lated to that of damages: and the ques tion whether such instructions misstate me law pecnmes immaterial because they could not affect the plaintiff's substantial rigrms. All the Justices concurring. A true copy. Attest: D. A. VALENTINE. Seal. Clerk Supreme Court. No. 15,369. Humphrey Calhoun, vs. Ed. Anderson, et al. Error from Kingman County. REVERSED. Syllabus. By the Court. Mason, J. Where at the time of the execution of a deed the grantee and grantor execute a contract by which the former agrees to ell and the latter agrees to buy the land for the amount constituting the considera tion of the deed the transaction is at least presumptively a mortgage. All the Justices concurring, A true copy. Attest: D. A. VALENTINE Seal. Clerk Supreme Court, No. 15,370. Catherine Calhoun, vs. Ed. Anderson, et al. Error from Kingman County AFFIRMED. Syllabus. By the Court. Smith J No new consideration Is requisite' to sustain the validity of a deed given by one arter he has attained his majority to the same grantee or to ansther at his re quest In ratification of the conveyance of the property made during minority. All the Justices concurring. A true copy. Attest: D. A. VALENTINE Seal. Clerk Supreme Court No. 15.433. Rossville Township of Shawnee County, Kansas, s. Alma National Bank, et al. Error from Shawnee County. REVERSED. Byllabus. By the Court. Graves, i Section 7826 Gen. Stat. 1901 does not au thorize township boards to provide either In whole or In part for the construction of a bridge costing $15,000, and a subscrip tion made by such a board for such pur pose In the sum of $1,200 is void. All the Justices concurring. A true copy. Attest: t. A. VALENTINE. Seal. Clerk Supreme Court. No. 15.431. Missouri. Kansas Texas Railway Com pany vs, toba Sealy, Sealy Hutchlngs, George LEGAL Sealy, Jr.. and H. O. Stein, partners as Hutchlngs. sealy e co. Error from Labette County. Rivtr.Rsir.rv Rvllahi.s Bv the Court. Porter. J. 1. Where a petition contains a good cause of action for a breach of contract the addition of words or averments which are appropriate to a cause of action for a wrong win not cnange me aciimi tort to contract. And in case of doubt the courts are inclined against construcing the pleading as embodying; a cause Of action for a tort. 9. whether the nventn of a common car rier have authority to bind the carrier by the Issue of bills of lading when the property is not in the possession or tne carrier is a Question upon which two an tagonistic doctrines prevail: (a) One holds that it is not within the scope of the authority of an agent of a common caiTier to issue a bill of lading without the actual receipt of tne goods, nti that the hill of lading SO Issued COn- t ci .1 rlchta trt an Tnnrteent holder thereof. This rule obtains in the federal courts and in many of tne state covins. b) The second holds the carrier liable because the knowledge whether the goods have been received, and therefore the power in fact conferred, lies peculiarly with the carrier's agent who is held out to the public as having authority to make a statement upon which innocent parties may rely, and the carrier is there fore estopped to deny the receipt of the goods as stated in the bill. This doctrine resting upon the principle of estoppel in pais is the law in Ivansas as aeciarea in Savings Bank vs. A. T. Santa Fe Rid. Co.. 20 Kan. 519. 3 in an nation ntfainst ft common car rier based upon bills of lading involving no question with respect to the right of the carrier to limit its common Jaw lia bility the riKhts and obligations of the parties are to be determined by the law of the place where tne contract was made. 4 Tn an :i r-1 ifin ofrainst n. common Car- rier to recover moneys advanced on the faith of bills of lading Issued by the agents of the carrier without the actual receipt of the property, an action which alleges that the bills were executed ana delivered in the state of Missouri, and that when they were issued the statutes of that state made it unlawful tor a com mon carrier to issue bills of lading with out the actual receipt of the property and that the supreme court of Missouri has held and still holds in construing the statute that all such bills of lading are absolutely void and that no action can be maintained thereon by any holder or assignee, states a good defense as against a demurrer. 5. The courts of this state cannot take judicial notice of the laws of another state except for the purpose of aiding them in ascertaining and interpreting the laws of this state on a particular subject, and the situation is not changed nor the rule al tered bv the fact that a pleader who re lies upon the law of another state has referred to a particular decision of the supreme court of that state, citing the volume and pace of the reports where the decision may be found. All the Justices concurring. Benson. J., not sitting, having of council in court below. A true copy. Attest: D. A. VALENTINE. Seal. Clerk Supreme Court. No. 15.442. M. L. George and I. H. McQuilkin vs Joe Lane and F. H. Leonard. Error from Shawnee County. REVERSED. Syllabus. By the Court. Benson, J 1. A party entitled to recover on tne breach of a contract should be allowed such damages as are the natural, direct, and proximate result of the breach. 2. Where G. and M. agree to transier a stock of goods to L. and L. In consider ation of the conveyance to them of a farm, and to furnish a buyer ror a one- half interest In the goods for a certain sum, and the transfer of the goods and conveyance of the farm have been duly made, but G. and M. have failed to furnish such buyer, the measure of damages for such default is the difference between the market value of such one-half interest and the sum for which it was to have been sold had a buyer been produced as agreed, together with interest on the amount of such difference. 3r Trrer-amourrtr received upon the sale or such one-half interest at an auction fairly advertised and conducted, of which the defendants had notice, is some evi dence of such value, but is not conclusive. and the defendants had the right to offer evidence of such value to show that K was greater than the amount so received. 4 A statement nr promise mane bv Tj. and L. after the conveyance and transfer had been completed without any new con sideration. purporting to waive the obli gation of M. and G. to find such pur chaser and which was not acted upon to their loss or injury, is lnerrectuai to re lieve them from liability. All the Justices concurring A true copy. Attest: T. A. VALENTINE, Clerk Supreme Court. Seal No. 15.617. J. Shomon vs. Spring River Power Company. Error from Cherokee County. REVERSED. Syllabus. By the Court. Graves, J. S. commenced an action to recover dam- ages against a water power company. cnarging it with having dammed up a river, tnereov flooding and destroying val uable mines located on lands of which S. claimed to be the owner. ITnon the trial it appearea mat a. was tne lessee only of said lands. 1 ne court thereupon, for that reason, dismissed the action, holding that a lessee of land could not maintain such an action, neia error. All the .justices concurring. A true copy, Attest: D. A. VALENTINE, Clerk Supreme Court Seal. No. 15.S23. The Madison Bank, vs. W. M. Price and W. S. Pallis. Error from Greenwood County. LEAVE TO FILE COUNTER-ABSTRACT GRAMTEn Syllabus. By the Court. Burch. j. 1. The dutv of nrenarinir a mrnnlimi abstract devolves upon the plaintiff In er ror. The provision of rule 10a exemntfna- him from the necessltv of nhstraetlna- all evidence to support a claim on his part that it does not show or tend to show O certain fact la an exception In his favor and he should take care not to abuse the privilege Which it accords him. 2. The provision of rule 10a referred to floes not restrict the claim of a plaintiff In error to one fact or finding, and ha may, in good faith and In a proper case, make the claim that several of a laro number of essential facts or findings of fact are unsupported bv the AanAA without being obliged to abstract all the eviaence to support It. s. in an excent extreme man nr ki. pable bad faith the defendant In error should meet a claim of the character- de scribed by promptly furnishing a counter- aostract. it it snouia nnaily appear that the claim or a substantial portion of It as not reasonably well founded, the mst of the counter abstract, or so much of It as was unnecessarily required, may be taxed to the plaintiff in error. All the Justices concurring. A true copy. Attest: D. A. VALENTINE, SeaL Clerk Supreme Court No. 15,528. N Ed Anderson, vs. L. F. Walter. Administrator. Error from Kingman County. JDDOMOT MnniiriFn Syllabus. By the Court. Mason. J. 1. The appointment bv the nrohate court of a county of this state of an ad ministrator of the estate of one who at the time of hie riontH TI-.1 u nM InllnKHa, and resident of &tlOtilt Ptfllintv thflportf la wholly void, anrl a rlfs0. nf m!. gage belonging to the estate executed by one so appointed as administrator under color of an order of such court is without 2. TV her tmon t h rl Mlh IntMl.t. r t the OWner Of n real Mint rr.r.rl ira trc r. n order is made by the probate court ap pointing his widow as administratrix, and with her consent a further order is made that she release such mortgage on the ground that at the time of Its execution the parties aereed that it was nt n he enforced after his death, although suoh proceedings prove utterly Void because taken In the wrong county, she cannot, after Undertaking to release such mort gage on the record as administratrix, as sert a right In her own behalf thereunder against one who purchases the land cov JEOAJj ered thereby in reliance upon such transaction.-

All the Justices concurring. x A true copy. Attest: D. A. VALENTINE, SeaL Clerk Supreme Court. No. 15.560. John Deere Plow Company. VS. B. F. Spatz. Error from Jewell County. REVERSED. Syllabus. By the Court. Graves. J. h Where a plaintiff commences a civil action, and before trial, dismisses It with prejudice, and pays all legal costs In curred therein, the defendant. In the ab sence of malice, want of probable cause, and bad faith, can not recover damages for loss of time, expenses or attorney fees Incurred by him on account of such suit. 2. S. bought a threshing machine giv ing his promissory note in payment there for. In the contract of purchase it was stipulated that if the machine did not work, the notes would be returned, and the machine taken back. The machine AemLT nu. "X et B?et,,rn notes demanded. The demand to return the notes was refused. Afterwards an action was commenced on the. notes, and before trial, was dismissed with pre judice and the plaintiff paid all the costs taxed In the case. Afterwards the de fendant commencedan action against tne plaintiff to recover attorney fees, hotel, traveling, and other expenses incurred when preparing for the trial in the case V. .1. n 4m1oMvl X" r-i malt.. ant of probable cause, or bad faith being al leged against the plaintiff, HELD that such an action can not be maintained. S. The case of Osborne vs. Erhara citea and distinguished. All the Justices concurring. A true copy. Attest: v. a. v Ai.r. i i:i vj. Clerk Supreme Court Seal. No. 16,563. The Farmers' Alliance Insurance Cora- pany vs. Samuel Ferguson. Error from Woodson County. AFFIRMED. Syllabus. By the Court. Benson, J. 1. Where an Insurer bases Its reiusai tn nnv a lr.o -ntirelv linon a. forfeiture caused by the failure of the insured to comply with a particular condition of the policy. It cannot, wnen suea ior tne w maintain -a defense founded upon another alleged forfeiture for violation of other eonrfttlnnfl n nt referred to in such refusal. and of which it had knowledge when the refusal was made. 2. A waiver of the forfeitures alleged from the breach of conditions not referred to in such refusal, may in the circum stances stated, be properly touna py a lurv. when such waiver Is an issue upon the trial. 8. Making and collecting an assessment Upon the premium note given for insur ance after the examination and report of an adjuster showing a forfeiture .for vio lation nt m ertnrlitirtn in the POlicV had been made, and endorsing the payment of such assessment as a credit upon tne note, after consideration of the report of the adjuster by the executive board of the enn-manv ftnrt after KnOWieQge OI me Cir- cumstarices upon which such forfeiture Is claimed, were tacts trom which no ury could properly find mat sucn ioriei- ,ure was waived. All the justices concurring;. A true copy, Attest: D. A. VALENTINE. Seal. Clerk Supreme Court No. 15.S04. The Nelson Vitrified Brick Company vs. Mrs. Isaac W. Mussulman. Error from Labette County. Svllabus. By the Court. Benson, J. An employee of a oricK manuiacturer waci trilled hv a Wall in Course Of COn struction falling upon him; his widow sued to recover damages, alleging neglig ence of the defendant In the construction of the wall whereby the place in which he worked became unsafe. The defense was based mainly upv an anegea as- onmntinn nt risk bv the deceased em- ninve and nnon hie contributory neglig ence. The jury found for the plaintiff upon both of these matters. Held: 1, That thd findings of the Jury ap proved by the district court if sustained by competent evidence must stand. 2. That the findings were sustained by the evidence. 3. That a demurrer to the evidence was properly overruled. Al the Justices concurring. A true copy. Attest: D. A. VALENTINE, Seal. Clerk Supreme Court No. 15.619. School District No. 116. etc., et aL vs. William Wolf et al. Error from Sedgwick County, AFFTRMF.D. Rvllnhua. Bv the Court. Smith. J. 1. Although the statute contemplates the filing of a petition with a county superintendent for the change of bound aries of a school district as A basis for the issuance by him of a notice setting a time for a hearing upon the requested change, yet where a verbal request Is made for the change and proper notice Is given, the Interested parties appear, the order -is made, appeal Is taken to the hoard of countv commissioners and the order is affirmed, the proceeding Is nly Irregular but is not voia. 2. Such an order so made and affirmed la final and is not subject to collateral attack in an action tor injunction. S Upon the detachment of the territory, within which a school district officer re sides from the school district of which he. Is an officer, his office Immediately be. comes vacant ipso facto and may be filled by appointment. 4. Quo warranto and not Injunction Is the proper remedy for an illegal holding of a puonc omce. All the Justices concurring. A true copy. Attest! D. A. VALENTINE, Seal. Clerk Supreme Court No. 15.628. The Triple Tie Benefit Association vs. A. J. Wood. Error from Bourbon County. AFFIRMED. Syllabus. By the Court. Benson, 3. 1. A fraternal benefit association will not be permitted to assert a forfeiture be cause assessments were not paid at th time stated In the by-laws, where by the adoption of a custom or the course of Its conduct it has led the insured members honestly to believe that the assessments may be paid and will be received at times other than those specified in the rules. Foresters vs. Mollis. 70 Kan. 71.) 2. The defendantsloined in an issue of fact upon an Imperfect allegation of the existence of such a custom without moy 1n,r for a more definite statement anrl the Question thus presented was fully tried u con tne merits: eia. mat me aerendant cannot justly complain of the Insufficiency of the petition to present an Issue In which It thus voluntarily joined. All the Justices concurring. A true copy. Attest: D. A. VALENTINE, Seal. Clerk Supreme Court No. 15,636. Union Pacific Railroad Company, vs The City of Abilene et aL Error from Dickinson County. REVERSED. Syllabus. By the Court. Burch. J. J The unconstitutionality of a statute or of proceedings under a statute need not be pleaded with any greater definlteness or certainty than other Issues and the de termination of whether a material con stitutional question Is presented is to be made by construing the pleadings accord ing to the usual methods. 2. The fundamental fact upon which the validity Of special assessments rests is an increment of benefit to the property taxed resulting from the Improvement, and the property owner must, at some stage of the proceedings, have notice and oppor tunity to be heard, or the equivalent of such notice and opportunity, before a spe cial assessment can become a valid charge against him. 3. The legislature may lawfully pre scribe the rule by which the benefits ac cruing to real estate from a local Improve ment shall be apportioned. Should It Jo so the theory of the law Is that the prop erty owner has been given the equivalent of notice and a hearing upon that subject by representation in the legislature. 4. When one or more essential features of a special assessment proceeding are committed to some tribunal or body in ferior to the legislature notice and an op- portnnlty to contest them must be al lnAd 6. It is' not necessarily fatal to a special assciiauiciu statute mat it aoes not con tain an express provision relating to notice and a hearing;. When the terms, of the statute permit, such a provision may be Implied. 6. The legislature may lawfully pre scribe the front-foot rule as a reasonable method of apportioning the benefits ac cruing to real estate from a local-improvement. If palpable Injustice result from the application of that rule equity may Interfere, but unless it be patent and ob vious that the burden imposed is entirely disproportionate to benefits received the claimed excess will not be "enjoined. 7. Chapter 132 of the laws of 1903, pro viding for the sprinkling of streets in cities of the first and second classes and authorizing such cities -to levy a tax therefor, delegates certain essential feat ures of the proceeding to a class of prop erty owners in a manner excluding notice and a hearing to others Interested. Therefore it is unconstitutional and void. 8. The Question whether street snrlnk- ling benefits abutting real estate in the "ense that it may be specially assessed t defrav the coit is not decided lo ea' All the Justices concurring. A true copy. Attest: D. A. VALENTINE, Seal. Clerk Supreme Court No. 15,649. R. N. Molyneux. vs. Richard Grimes, Township Trustee. Error from Clark County. AFFIRMED. Syllabus. By the Court. Mason, 3. 1. An order of a board of county com missioners, otherwise regular, undertak ing to establish a highway across public land of the United States operates as an effectual acceptance of the congressional grant of a right-of-way for the construc tion of highways (U. S. Rev. Stat. sec. 2477) and one deriving title to such land through a settlement subsequently made takes it subject to the easement ao created. 2. The requirement of the road law (Gen. Stat. 1901. sec. 5476) that a record of the notice of the meeting of the viewers shall be entered In the commissioner's Journal by the county clerk is satisfied by copying the contents of such notice in the journal, no reference to the fact or man ner of Its publication being required. 3. Inasmuch as the statute does not re quire proof of publication of such notice to tie filed or otherwise made of record in the county clerk's office, the fact that a memorandum made tn the Journal that the notice was published in a particular manner is not sufficient evidence that no other publication was made to overcome the presumption in favor of the regularity oi official proceedings wnen collaterally attacked. 4. The meeting of the board of county commissioners at which they are required to elect-a chairman (uen. Ktat. lsoi. sec 1636) Is a regular meeting within the meaning of that phrase as used In the provision tnat roaa petitions snau oe pre sented at regular meetings (Gen. Btat. 1901, sec. 6018), and road viewers be then anointed. 5. Although the statute requires that ordinarily the county surveyor shall meet witn tne roaa viewers, expressly auinor lzing a survey to be dispensed with only where section lines are followed, the omission of n survey In any case where the viewers' report shows the exact loca tion of the road is not sucn a aeieot aa will render the proceedings liable to col lateral attack. t fi Th provision of the statute (Gen. Stat. 1901, sec. 6021) that If the viewers re port against a proposed road and the commissioners think such report Just no further proceedings shall be had, fairly imnilea that the commissioners may es tablish the road notwithstanding the ad verse report if tnetr opinion is contrary to that or tne viewers. i The provision of the statute (Gen Stat. 1901, sec. 6021) requiring the report of the road viewers to be filed on or Derore the first day of the next session of the county commissioners did not prevent the board from acting upon the report at an adjourned session of the meeting at which the viewers were appoinira. j All the Justices concurring. A true copy. Attest: t. A. TALfiNTINB. Seal. Clerk Supreme Court No. 15.655. St. Louis San Francisco Railroad Company, vs. Charles Elrod. Error from Cherokee County. REVf.RBKD. Bvllahiio Bv the Court. Smith J. In an action for the recovery of dam ages for personal injuries the plaintiff can not recover upon any ground of neg ligence which is not aiiegea in nis peti tion. All the Justioes concurring. A true copy. Attest: D. A. VALENTINE. Seal. Clerk Supreme Court No. 15,656. Martha J. Shoop. vs. John H. Burnslde et al. Error from Finney County. REVERSED. Syllabus. By the Court. Porter, J. 1. Specific performance is not a matter of right but of equity and rests In the sound legal discretion of the court. Be fore the relief will be granted the con tract must appear to have been entered into with fairness and without any undue advantage or Imposition, and the facts and circumstances must be such as ap peal to the conscience of the court and compel Hs discretion. 2. The evidence in this case examined and held nnt to warrant a decree for the specific performance of a contract for the sale of lands. All the Justices concurring. Atte"sUt1 CPy- r. A. VALENTINE, Seal. Clerk Supreme Court NO. 15.657. A. D. Michner et ux vs. James Ford. Error from Hamilton County. AFFIRMED. Syllabus. By the Court Graves, J. 1. Where a delinquent tax saie is neia on September 4. 1900. and the final redemp tion notice states that lands sold at that sale must be redeemed on or before Sep tember 4. 1903, or they will be deeded to the purchasers such notice gives full three years after the sale' for redemption and Is not void. 2. Where a tax deed recites the amount which the grantee in the deed paid for the certificate, giving the date; and also states the amount of subsequent taxes raid withmi-t erivlnff- the date Of payment! and the final redemption notice gives as the amount necessary to reaeem, a sum claimed to be in excess of the proper amount the deed will not De deemed in valid for that reason if the amount of these payments, with interest computed on each sum rrom tne earnest aate at which It could have been legally paid. equals or exceeds the sum stated In such notice. 3. Where the district -court, alter tne trial of a case without a Jury, takes It under advisement, and one or tne parties on the next day when court is in session, makes application to introduce further testimony which Is refused for the reason that the evidence should have been pre sented at the proper time, this court can not say that such action -of the court is an abuse of discretion, and erroneous. All the Justices concurring. A true copy. Attest: D. A. VALENTINE, Seal. Clerk Supreme Court No. 15.718. In re George A. Murphy. Original Proceedings In Habeas Corpus. Petitioner Remanded. Syllabus. By the Court. Benson, J. 1. The-entence of a ponce judge of a city of the first class that a defendant duly convicted before him, shall pay a fine and be imprisoned in the city jail. Is not made void by the addition that the defendant shall go upon his own recog nizance until an order of commitment Is issued. 2. when the commitment is issued upon Rtirh a sentence before the time of Im prisonment prescribed therein has expired. the defendant, impnsonea tnereunaer, ap plying for his release before the time so fixed for imprisonment has elapsed, must be remanded. All the Justices concurring. A true copy. Attest: T. A. VALENTINE. Seal. Clerk Supreme Court No. 15.846. Kobert P. Ray Chrle HT Ulllor et al Original- Proceedings in Quo Warranto. writ uemea. Syllabus. Rv tha nanrl Rlirell X Charges of fraud, bad faith and disre gard of law in denying an application for appointment to an office under the Vet erans Preference lw must be proved by oj. tacts wnicn ae inconsistent with official probity. Thb inquiry starts with the presumption that public officers do their duty, that they act fairly, from good motives, and with the purpose' and intention of obeying the law. Suspicion, surmise. Insinuation and innuendo are not enough to overthrow this presumption. All the Justices concurring. A true copy. Attest: D. A. VALENTINE, beal. Clerk Supreme Court 1:1- TNo. IB.?. v State of Kansas .vs, Charles Wortman. Appeal from Neosho County. AFFIRMED. Syllabus. By the Court. Mason. J. 1. To warrant a conviction under the statute (sec. l. ch. 21S. laws of 1903) mak ing the theft in the night-time of "any narness grand larceny. It is not neces sary that the property stolen comprise all the parts of a complete harness. 3. In a criminal case It is not material error to Instruct that a confession volun tarily and deliberatelv made furnishes evi dence of the highest character against the person making ft, when the Jury are also told that they are to determine the weight to De given to tne eviaence on me sud Ject. All the Justices concurring. A true copy. Attests T. A. VALENTINE. Seal. Clerk Supreme Court No. 15.890, The State of Kansas vs. David L. Simmons. Appeal from Geary County. IPITRMEn Syllabus. By the Court. Smith, J. l. w here a defendant on trial on a Charge Of felonv volnntarilv eoen upon the witness stand and testifies in reference xo nis connection with the offense charged and the circumstances connected there with and after judgment procures a new xnai. nis eviaence, properly Identified and reduced to writing by a stenographer at me iirsi trial, may oe introaucea in evi dence bv the state unnn the aeennd trial. 2. In such case If the accused waives his privilege and takes the witness stand In his own behalf at any stage of the prosecution, he waives it for every subse quent stage, l. xnompson on Trials, Bee 647. 3. The slate mav nan th evidence nt n witness upon the second trial of a felony wnen tne eviaence given by the witness on the first trial was reduced to writing and properly identified and at the time of the second trial the witness was dead or was not within the boundaries of the state. 4- The extent to which a prosecuting attorney mav go in his closing argument in Illustrating before the Jury what he claims the evidence proves by placing other persons or himself In certain posi tions, is a matter within the discretion of the court and unless it is shown that Such discretion was abused and that the aerendant was nreludiced bv an illustra tion not Justified by any evidence in the case, error win not oe predicated upon tne runng or tne court allowing the same. All the Justices concurring. A true copy. Attest: T. A. VALENTINE, Seal. Clerk Supreme Court No. 157896! The State of Kansas, vs. Bert Tawney. Appeal from Franklin County. REVERSED. Syllabus. Bv the Court. Porter 3. The defendant In a criminal action was charged with larceny and was a material witness in his own behalf. At the trial the state attacked his reputation for truth and veracity. The defendant then called Witnesses and offered to prove by them that they knew his "character" for truth and veracltv and that it was good. An objection was sustained to the testi mony on the ground that his "reputa tion" and not his "character" for truth and veracity was involved. Heldf that inasmuch as the distinction between "reputation" and "character" Is not com monly understood by witnesses, and the terms are frequently used without dis crimination both by the courts and law makers, it was error to exclude the testl- money. Under the circumstances of this case held prejudicial error. All the Justices concurring. A true copy. Attest: D. A. VALENTINE. Seal. Clerk Supreme Court No. 16.920. City of Wichita. VS. George A. Murphy. Appeal from 8dgwick County. AFFIRMED. Syllabus. By the Court. Graves, J. 1. A city ordinance for the suppression Of the sale of intoxicating liquors, enact ed in pursuance of the authority confer red by seotion 2499 Gen. Statutes 1901, which provides that offenders under Such Ordinance shall be committed to the city Jail, is not void because of such pro vision. 2. Where a defendant la convicted of selling intoxicating liquor In violation of the provisions of a valid city ordinance. and has been duly sentenced therefor. the auhkeouent repeal of such ordinance does not relieve the defendant from such sentence. All the Justices concurring. A true copy. Attest: D. A. VALENTINE, Seal. Clerk Supreme Court No. 15.942. The State of Kansas, on the Relation of Thos. H. Kingsley, county Attorney of Miami County, Kansas. vs. v Wilbur E. Hoover, Clerk of the District Court or Miami county, n-ansas. Original Action In Mandamus. WRIT DENIED. Syllabus. By the Court. Benson, J. 1. oection eignteen oi eimpier t General Statutes of 1868 which requires that certain lurv fees In civil cases shall be collected from the successful party on the rendition of a verdict in his favor and taxed as costs in the action ia not re pealed but remains in force. x. xne writ oi manuamus wn urn i3 tn noarca the clerk of a district court to attempt the collection and taxa tion as costs of such Jury fees in cases no longer pending wherein the liability of tea for such fees have been finally determined, and a general order will not be made in anticipation or aeunquency i eases hereafter to be tried; It is pre sumed that the law as now interpreted will be ohservea. All the Justices concurring. A true copy. p VALENTINE, Seal. Clerk Supreme Court No. 16.957, The State of Kanaas. vs. William Johnson. Appeal from Miami County. AFFIRMED. Syllabus. By the. Court. Mason, J. where one. attempts to steal an article rrom the person of another but only suc ceeds In dislodging It so that it falls to the floor, without naving t";iuoi j It for a single instant, me onense oi larceny la not complete. All tne justices concurring. A true copy. ttest- X. A. VALENTINE, SeaL Clerk Supreme Court No, 16.006. A. C. Wheeler va .H.V.Lawrence. Error from Finney County. AFFIRMED. Syllabus. By the Court. Smith, J. 1. one wno is contesting me returns tn. a canvassing poara. wno proauces tne county clerk and proves by him. "for the Information of the court." what the re turns of the board In fact show, does not thereby assert the correctness or sucn returns nor is he -thereby estopped from proving bv a recount oi tne Dauots tne true result of the votes cast at the elec tion. 2. Upon the trial of an election contest before the ballots returned at the election should be re-counted by the court, as the best evidence of the result -of the election. It should be shown that such ballots have been In the continuous possession of the Officials prescribed bv statute and have been so kept as to render it improbable mat uiey couia nave oeen tampered witn; but it is not essential that it should be shown that no alteration hereof was pos sible. All the justices concurring. A true copy. Attest: D. A. VALENTINE, Seal. Clerk Supreme Court V No. 16.013. file City of Kinsley vs. 'J. N. Dyerly. Appeal from Edwards County. REVERSED. Syllabus.' By the Court. Porter. J. 1. In a prosecution for the violation of a city ordinance Imposing a license tax upon persons soliciting orders for the sale of goods where it is shown that the de fendant is the agent of a merchant of an other state and carries samples of goods and solicits orders which he sends to his principal for approval, the mere fact that the principal after accepting the order ships the goods to the same agent with authority to deliver them to the purchaser and collect the price will not prevent the transaction from being interstate com merce. 2. The right of a merchant of another state to sell his goods In this state carries with e right to deliver them and to employ for that purpose any agency he may deem proper, provided that at no time before the delivery the goods become so mingled with the common mass of prop erty here as to- deprive the transaction of Its Interstate features. S. In a case like that referred to In the first paragraph if there be a doubt as to whether the sale was completed by the acceptance of the orders by the principal and his shipping the goods, the contrary cannot be assumed In order to sustain a conviction. The prosecution must estab lish its case. All the justices concurring. ,A true copy. Attest D. A. VALENTINE, Seal. Clerk Supreme Court No. 18,026. The State of. Kansas, vs. Burton MeClellan. Appeal from Sedgwick County. BEVFRSRn Syllabus.' By the Court. Graves. J. 1. Before the testimony of a witness given at a former trial can be read In evi dence by the state against a defendant in a criminal prosecution over his objection, it must be made to appear that the wit ness who gave such testimony can not by the exercise of reasonable diligence, be produced. i. in such a case, the mere production of a subpoena which has been Issued for the absent witness, with a return of non est thereon, -without any further showing as to the residence or whereabouts of such witness, or of the extent of the search made for him, is insufficient, and the introduction of such evidence under such circumstances Is error. 3. In a criminal case, the defendant produced a witness to establish his good character, who, in chief, testified that he was acquainted with the defendant's gen eral reputation for honesty and integrity In the community where he resided and tnat sucn reputation was gooa; tnat ne had been acquainted with the defendant six or seven years during which time he had worked for the witness; and -on cross-examination, the witness further stated that the only persons he had heard speak about the character of the defend ants were memners of his own ramiiy; ne further said, "I don't know as I ever heard It questioned that' It ever came up any more than any other gentleman's". The court struck out the evidence of the witness on the ground that It did not tend to establish a general reputation. HELD error. All the Justices concurring. A true copy. Attest: D. A. VALENTINE, Seal. Clerk Supreme Court. First published' in The Topeka State journal October ii. isus.j SHERIFF'S SALE. Case No. 24.99L. Mm Grice nlalntitT. vs. Lillie Belle Brown. John Sherman Gricd. Elmer A. Grice. Mary E. Fouts, Effie E. Hanway and Eileen Grlce. born Eileen Sweeney, defendants. J By virtue of an order ot sale issued to me. out of said district court, In the above entitled action. I will on Tuesday, the 1st day of December, 1908, at 11:00 o'clock a. m. of said day. at the east front door or tne court house in the city of Topeka, In the countv of Shawnee, in the state of Kan sas, offer at public sale, and sell to the highest bidder, for cash in hand, all the following described real estate to-wit: The undivided one-half of lots 97 and 99 on Sixth avenue west: lots 86 and on Sixth avenue west, and lots 223 and north half of No. 226 on Western avenue, said last described tract subject to a mort gage of $800. and all of said real estate situated in tne city of ropeua, snawnee county. .Kansas. The above described real estate Is taken as the property of said plaintiff and de fendants, and is directed Dy said oraer or sale to be sold and will be sold subject to appraisement, and is ordered not to be sold for less than two-thirds or said ap praised value. J. M. WILKEKSON, Sheriff of Shawnee County. Kan. By JONATHAN D. NORTON, under snenrr. EDWIN D. McKEEVER, Attorney for Plaintiff. First 'published In The Topeka State Journal octooer ii, 1W8.J CITATION. The United States vs. Forty-one Boxes oi Muco-ssoivent. Under and in pursuance of an order and due and regular process in the above en titled cause. I did on the 27th day of Oc tober. 190& eeize the following described property, to-wit: Forty-one boxes of Muco-soivent eacn laDeiea as follows: "Muco-Solvent Cures Croup. Whooping Cous-h. Diphtheria: all throat troubles and catarrhal disorders." the same being in the possession or tr. A. uatlin, doing business as the Gatlln Drug company, To peka, Kansas, which has hertofore been shipped by the Hesslg-Ellis Drug company from the city of Memphis in tne state of Tennessee, to said Gatlln Drug company. It being claimed that said boxes are mis branded within the meaning of the Food and Drugs Act. approved June 30, 1906. and the same are now in my possession, and I do hereby give notice generally unto all persons having or pretending to have any right, title or interest in said property to appear before said court In the city of To peka, Kansas, tn said district and division, on the 23d day of November, 1908, at ten o'clock a. m.. then and there to make known their claims and allegations In said matters. Dated at Topeka, Kansas, this CTtn day Of October. 1908. WILLIAM H. MACKEV, JR.. United States Marshal for the District of Kansas. By B. F. FLENNIKEN. unier umce ueputy. U. S. court house and postoffice. Topeka. Kansas. Office of custodian, November 7, 1908. Sealed proposals will be received at this office until 2 o'clock p. m. on the 24th day of JViOvemDer, laus, and then opened, for new floors, new mailing plat form, enclosure, etc., at tnis Dunaing, in accordance with drawing and specifica tion, conies of which may e obtained upon application. Wilder S. Metcalf, Cus todian. TO WHOM IT MAT CONCERN: Tou will take notice that my petition for a permit to sell Intoxicating liouora at my drug store at No. 803 Kansas ave nue, in tne inira wara or tne city or To peka, Shawnee county, Kansas, is now on file in the office of the probate Judge of said county, and that the said petition will be heard before the probate judge of said county at his office In the court house In the city of Topeka on Thursday, the 12th day of November. 1908 at 10 o'clock a. m. A. P. ROSSER. TO WHOM IT MAT CONCERN: Tou wlil take notice that my petition for a permit to sell Intoxicating liquors, according to law, at my drug store at No. 800 West 12th St.. In the Third ward of the city of Topeka. Shawnee county, Kan sas. Is now on file in the office of the pro bate judge of said county, and that said petition will be heard before the probate judge of said county at his office In the court nouse in tne city or "lopeita on Thursday, the 26th day of November. A. D. 190S. at 10 o'clock a. m. ciiu. jE. josLlLN. Applicant. LEGAL. First published In The Topeka State Journal November 10. 11.. NOTICE TO BIDDERS. Sealed proposals-will be received by the state board of control, at their office In the city of Topeka, until 2 o'clock p. m., Thursday. November 19, 1908, for the fur nishing of all labor and materials neces sary for the installation of the beating, plumbing and wiring of a cottage at the Girls' Industrial school, Belolt Kansas. AH of the foregoing to be executed In strict accord with the plans, details and specifications prepared for the same by 1 John F. Stanton, state architect. Copies of the plans and specifications can be seen on file at the office of the board of control. Topeka, Kan., at the office of the superintendent of the Institu tion, and at the office of the state archi tect in the capitol building, Topeka. All bid.? or proposals shall be made to the board of control, and shall be accom- panied by a certified check on some re sponsible bank, for five per cent of the amount bid, payable to the board of con trol, and the same shall be forfeited to the State in case the successful bidder fails for ten days to enter into a contract and furnish the required bonds, as pre scribed by law, after the awarding of the contract. All bids or Proposals shall be sealed, and directed to the secretary of the board of control. Topeka. Kan., and endorsed "pro posals for heating, plumbing and wiring." All contracts shall be awarded by the board of control to the lowest resposible bidder, but the board reserves the right to reject any and all bids, or to reject parts of bids and accept parts, if deemed for the best Interest of the state. Attention of bidders Is called to the "eight-hour law" with which they must comply. By order of the board of control of Stat charitable Institutions. E. B. SCHERMERHORN, Chairman. F. W. KNAPP. Secretary. November 9. 1908. MISCELLANEOUS. SNOW'S SWEEPING COMPOPUND pre vents dust, makes sweeping easy and clean. Manufactured by the Agricultural Remedy Co., 9th and Adams, Topeka, Phone 1391. PICTURES! PICTITRES!! PICTURES!!! Pictures at The Picture Shop, 127 W. 7th, opposite Elk building. WALL PAPER i CENTS UP WE CARRY A FULL STOCK. LET U8 FIGURK ON WORK. F. H. WAITS. 220 E. FIFTH STREET. PHONES: BELL 185. IND. 2244 RED. PLANT Flowering Shrubs and aramge hardv garden In fall. Orders carefully attended to. J. M. Galloway, landscape gardener. Ind. 6572. WILL M. RANDALL. FOR WINDOW SCREENS. Made. Painted. Fitted and Hung. Tnd Kan. Ave. Bell 14S. nFT. MONEY to loan on live stock, pianos, per sonal security, household goods, typewrit ers. W. E. Seguine. 413 K. A. Both phones. BETZER REALTT AND LOAN CO. Make farm and citv loans at lowest rates and on the most favorable terms, and on the most favorable terms. Office, Room Columbian Bldg. MONET to loan on personal property. payment 31.25 week will pay off loan S'X In 25 weeks. G. H. Flintham. notary pub lic. 906 E. 4th st Either phone 977. MONET to loan on live stock, pianos, or gans, typewriters, household goods and personal oonr t V T Tl'.rn. R Van ave. PHTsirnv rnf;Fo4. "iDXcTBARNsTMTDr Office 726 Kansas ave. Residence Thir teenth and Clay. Office hours- 9 a. m. to 11 a. m. and 8 p. m. to 6 p. m. Both 1316 office. phones 16 residence and Ind DR. H. H. KEITH, surgeon and diseases of women, with privatA hosnftal. Ofricit 631 TCansaf ave. SANTTArtTTTMS. DICKINSON HOME for the aged, in firm and convalescing. Mrs. B. S. Dick. Inson, Supt, Ind. 1997 blue. 1726 Bolles ave. CHRIST'S HOSPITAL COTTAGES FOR the care and treatment of nervous Inva lids, alcohol and drug habits and mild cases of mental derangement. W. S. Tlndaav M T ft A Tto.V, ffsn. CONTR A CTOH S A'VTJ nnTtFKS. M. C. PLANK, gen. contractor, has an office at 621 Kan. ave. Estimates cheer fullv e-lven. Tnd r-hene IK) Bell 13?0 M AnilVF STTOTX FOR up-to-date gunsmiths and electricians see H. B. Howard. 710 Kan. ave. Tel Bos. ra.TT?JT. 3. A. ROSEN, patent attorney. 129 Ka (in ave.. Topeka. Kan. FRESH out flowers for all occasions to be found at Hayes' flower store. 107 W. 8th. Ind. phone 377. jCABjORDERS FOR CAB ORDERS call Stainey. 296. 524 West 1th. Ind. JAVTWa CAPITAL CTTT VITRIFIED BRICK A PAVING CO.. 214 E. 6th st. Mfgs. ot buildin. paving and sidewalk brick. ArroMonn.ES. 2 5-passenger cars. In the best of con dition, ean be bought for $300 apiece. Call or write Wm. Taylor. 117 E. 6th. OSTT'O'P A TTTS. Dr. Nellie Sawyer A Dr. Clara Martin. (11 K. A.. Crawford Bldg. Elevator service. JKV'KLERS. JAMES B. HATDEN, Jeweler and Optii clan. Complete stock of watches diaa monds, silverware, etc. Eyes examined and spectacles properly fitted. TVTTrT?T a, KFR ft. L. M. PENWELL funeral director and emblmer. First class service,, reason able prices. 511 Qulncy St. Both phones 191 r I KMTIiRF RFTATrTETV D. J. Trickier does expert furniture re pairing. Carpenter and Job work also neatly done. 214 W. 11th st. Bell 1592 red. FRAMING, regilding, mat making, mount ing done by J. D. Sullivan, 112 W. Eighth street. Packing, shipping, etc. FURRIER. THE ONLT.one practical furrier In state or Kansas, jonn r-etrzuen, izi rj, (tn at. CIDER. WANTED you to order your elder from wasnourn m ciaer wiirm. mo zjsio dibck. TR .TFEH Vr rroi?,r: MERCHANTS TRANSFER c STORAGE! Co. packs, ships and stores household goods. TeL 1S6. Clarence Skinner. U Qulncy st

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