Daily Tribune, Volume 17, Number 56, Terre Haute, Vigo County, 25 January 1903 — Page 4

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THE TRIBUNE

A REPUBLICAN NEWSPAPER.

Published by The Tribune Coiripariy at SS1 Wabafch Av®. Dally, Sunday and Weekrly.

Long Distance Telephone No. 378—Private Exchange. Citizens' Telephone No. 373.

ffintered at postofflce at Terre Haute. Ind.. as second-class matter

Daily and Sunday, per week, by carrier J® cents Daily and Sunday, per month, by mail

Daily and Sunday, three months, by mall Daily and Sunday, six months, by mall Jr'Jj Daily and Sunday, per year, by mail J5.4U Weekly, per year cents

TERRE HAUTE. IND., SUNDAY, JANUARY-25, 1003.

Daily Average Circulation for December

Some of the newspapers are taking seriously the statement that senator Beveridge has been threatened with assassination by letters from anonymous citizens of New Mexico and Arizona because of his opposition to the omnibus statehood bill. It should bp considered that the fact that Arizona and New Mxico are still territories, dors not bar the residence of practical jokers. Some idsc fellows have simply stirred up a little excitement by the inditing of supposedly facetious letters and are no doubt enjoying their sensation to the limit.

Practical men in the practical affairs of life always investigate a rumor before acting on it, yet Gov. Durbin has insisted that the legislature base its support of his ripper bill on a rumor to which no reasonable man can attach, any reliance. It is a demand that the board of the Jeffersoliville reformatory be punished upon a charge backed only by vague, indefinite and wholly unsubstantiated gossip. It is unbusincss like, unjust and mighty bad politics.

The Republican state central committee has made a grave error in assuming to speak lor the party iu the matter of the reformatory ripper bill. The action should relegate to the ranks the men who pushed it through. It is simply partisanship running amuck and violates one of the most solemn of the platform pledges.

The statement that the anarchy bill will soon become a federal statute is gratifying but not calculated to cause telegrams of congratulation to burn out the wires leading into Washington. The bill should bave been made a law at the beginning of the last session, without either opposition or debate.

President Roosevelt is going on another bear hunt, this time to Montana, and if he wishes to sustain his reputation as a mighty hunter before the Lord and the American public, he will stay in the mountains until bruin is begged. Two unsuccessful hunts might prove his undoing.

The bill prohibiting the use of live pigeons at 'shooting matches lias been introduced but the Indianapolis News is not enthusing with the proper spirit. The vigorous protest it instituted some months ago would serve a better purpose If re-entered at the time.

Governor Durbin is making a bad matter much worse by denying the paternity of the ripper bill. And the situation is not improved by the Vicarious suffering of the Republican state central committee in the role of the Hon. Peter Stirling.

The relatives of Mrs. Rudyard Kipling no doubt heartily reciprocate the feeling of the distinguished poet and would probably personally accenttiate it should Rudyard ever again Invade Vermont for the purpose of airing his vagaries.

A New York doctor has successfully treated a supposedly .fatal case of blood poisoning by injecting formalin into the ®%ictim If even a small percent of the cases so treated prove

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A SAD AND AMAZING SPECTACLE.

When the governor of Indiana so far forgets himself as to Vise the iniluence of his office to badger and Iwat the membeis of the legislature into the support of a bill against which tlieir better nature revolt?, he is pimply guilty of political blackmail. Regretabie as it is to confess, (lovernov Durbin is now engaged in just such an unworthy work. He and hirhenchmen (for they are henchmen in all of ugliness that woid implies) are bringing every influence which demagogy, chicanery, and intimidation can suggest to pass that, vicious measure known as the Reformatory or Ripper l»ill, a bill framed to crush and demolish the present system of the c-ontiol of the state institutions, of which the state is justly pioud. Men in appointive oflices arc forced to importune Iheii friends in the legislature to support this measure, the influence of designing politicians captured by the promise of spoils: and loot is used for the same purpose, while in othe'i cases the success of important legislation is threatened unless its friends line up for the infamy. The spectacle presented is amazing, sad. and shameful. And to think that back of it all. pulling the strings, tipping the wink, holding up the thirty pieces of silver of bribery, and menacing with the bludgeon of revenge stands (»overnor Durbin! ^\hat is this man thinking of anyhow? lias rage maddened him or has he simply thrown aside a cloak he lias worn?

The penalty meted out to Col. Lynch will doubtless strike the world as harsh and heartless and will arouse in some quarters a bitter protest, based largely cn the feeling that England has for many years ruled Ireland with both injustice and undue severity. Lynch will be spoken of as the Robeit Emmett of the twentieth century and will be the object of 110 little adulation and eulogy. There is another side to the question, however. It should be remembered that Lynch, while an official of the British government swore allegiance to a power at war with that government, his act constituting a flagrant and glaring case of treason. It is difficult to discern how under the evidence any other verdict could lia\e been rendered. Now that guilt has been established, however, King Edward would act with wisdom and humanity by commuting the sentence. Such leniency would be especially diplomatic in view of the pending legislation affecting the land-laws of Ireland, legislation promising to reconcile long existing differences and hatreds.

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successful the discovery is an important one for the medical fraternity. By the way, there have been some magnificent strides Mn this humane province during the last few years.

No undue excitement need attend the announcement df a reduction in the number of saloons in Terre Hautcx. There is a glowing probability that enough will remain to quench the modest thirst of the community.

And now the great ocean liners are to have daily papers published on board, the news to be furnished by the Marconi wireless telegraph. During the big storms the editors will probably lead the strenuous life.

It should be distinctly borne in ihind that the Republican state committee is not the Republican party by a considerable measure and it is not speaking for the party in the matter of the infamous ripper bill.

The statement that the coal operators may boycott Chicago as a result of the recent indictments adds materially to the hilarity and jocoseness of the situation.

The fact that each member of the Colorado legislature has two large revolvers lying on his desk isn't conclusive proof that somebody is going to be killed.

The Colombian government seems to have come to a realization that a game of bluff would hardly succeed in negotiating with the United States.

The senatorial contest in Colorado would furnish a magnificent plot for a comic opera.

THE WIDE WORLD ROUND.

The Need of Meuical Legislation.

Medical legislation has recently made great progress, not only so fan- as it pertains to question of public health, properly, but also as it concerns the control of those studying medicine and entering upon the practice of medicine. With the establishment of medical state boards, a great step in advance has been. made. It is only natural that in the course of time acts to regulate the medical practice became more stringent, and that this tendency will continue. Lately a movement has beeil irevived which is well apt to further the cause of highermedical education, perhaps More than any other measure which has yet been undertaken, .namely, the movement toward inter-state reciprocity for the license to practise medicine. This will lead in the course of time to uniform medical legislation. National legislation in the matter is out of the question at present. The necessity for such a movement can be understood when we consider that at present a physician who is allowed to practice in one state is not admitted to practice in another unless he has passed a new examination. In many instances this discrimination is eminently just, on account of the fact that the newcomer does not reach the medical stnndaird of the^ state of his new choice. On the other hand, some medically weak States do not allow licentiates of medically strong States to practice within their urisdiction without a new examination, because the medically stronger States discriminate against them. The very simple question which every citizen can ask himself, "Why are physicians to whom our state gives the license to treat me. mv wife, and my children not allowed to practice in the neighboring state?" should convince anybody of the importance of the movement which tries to establish sound conditions. In a hemogeneous country the same medical laws should prevail everywhere, and the same high standard of medical education should exist in every political division.

To Prevent Collisions.

Advance sheets of the consular reports are given over wholly to a report with accompanying illustrations from Consul General Mason, at Berlin, upon a new electrical device. for preventing collision between railway trains, which was recently tested with success before a board of experts on a railroad near Franjcfort. Describing the device, Mr. Mason says: "Midway between the rails is laid a light third rail of the ordinary pattern, the joints of which are so connected as to form a continuous conductor. Midway under the forward part of the engine are hung the working instruments an electrical apparatus, inclosed in a square case or jacket, occupying a cubic foot of space. The instrument is connected with a compact shoe which slides along the third trail and by wire with a telephone and electric alarm bell in the cab of the engine driver, and a red incandescent lamp which is lighted by the same impulse that rouses the alarm bell into action. A further improvement of the device sets the electric brakes on the engine or&entire train simultaneously with the alarm signal which sounds the bell and lights the lamp. The apparatus is so adjusted and arranged that the engineer can, at any moment, by touching a lever, satisfy himself that it is in full working condition.'

So satisfactory were the recent tests that the German government. has ordered a section of track equipped with the device for further experiments, and the report conies that the Russion authorities have obtained license to test it in actual service on its new military lines now building in Siberia.

THE PIRATE'S CORNER.

A mule imagines he itas a musical voice—and a good many people seem to be built on the same mistaken plan.

The average wife dislikes to ask her husband for money almost one-tenth as bad as he dislikes to have her do it.

The Man Who Tried to Please.

Onee on a time there was a man who never made mistakes, And all the people stared at him and said, "For pity sakes, It must be very nice to find one's life a grand sweet song To be so very proper that you never caii go wrong."

But soon lie grew so lonely that he knew not .what to do, For conversation always ceased when he came into view His most surpassing qualities each praised /with all his heart But each seemed quite relieved when he was ready to depart.

So lie bought himself a parrot—the project caused him psAi. And studiously set to work and learned a wpl-d profane And still he wasn't liappy, for the goswps raised a fuss, And said, "Ain't he deceitful? Why. lie's human juat like us."

It manages to get late very early nowadays.

It is all well enough to judge a tailor by his clothes...

The moro you pelt a tanner the better he seems to like it.

Ask a conceited man a question and lie will never say "I don't know.*'

The Literary Way.

Here is one singer's view of the life literary: It is at best a rocky road. With scarce a flower upon it,

When one must "breakfast"' on an ode, And dine upon a sonnet, And give—ah, that the case should be!-r-

A quatrain for a cup of tea! .v •,

Never confide a secret to a woman with a pedigree. Blood

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If a man always pays cash .ho is entitled to a lot moire credit than he ever gets.

THE SUNDAY TRIBUNE, TERRE HAUTE, I NO.. WHOM* IkMMff 25, 1903.

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CIRCULARS THEIR REASONS FOR WANTING LAW AMENDED

THE BLANKET REMONSTRANCE

These Concerns Claim They Are Pyt at a Disadvantage and Cite Instances.

The Indiana Brewers' association of which the Terre Haute Brewing company is an important member, is giving circulation to the following pamphlet:

THE BLANKET POWER-OF ATTORNEY REMONSTRANCE UNDER THE NICHOLSON

LAW.

THE CONDITIONS:

The Nicholson law was approved March 11, 1SS5. Its ninth section provides that "If three days before any regular session of the board of commissioners of any county a remonstrance in writing, signed by a majority of the legat voters of any township or ward In any city situated in said county shall be filed with the auditor of the county against the granting of a license to any applicant for the sale of spirituous, vinous, malt or other intoxicating liquors it shall be Unlawful thereafter for such board of commissioners to grant such license to such applicant therefor during the period of two years from the date of the filing of such remonstrance."

The question was soon raised, under this ninth section, more than ono applicant at a time might be remonstrated against. The Supreme court of Indiana, in State v. Gerhardt, 145 Ind. 438, Wilson et al. v. Mathis, 145 Ind. 493, and Massey v. Dunlap et al., 146 Ind. 350, held that the remonstrance must apply to the particular applicant whose application is then pending, the court saying in the Gerhardt case:

The law "does not contemplate a genera! remonstrance, but one directed against each individual who desires to secure a license."

In the Massey case the court said: "From the language of the law we do not think that the legislature intended to authorize what might be termed a 'blanket' remonstrance, covering all applicants for a license at the' same session of the board of commissioners, but, upor. the contrary, intended that there should bo a separate remonstrance directed against each' applicant. The fact is well recogniswd that there are persons in every community who are opposed to the traffic in ardent spirits, regardless of any legai restrictions Imposed upon the sale thereof, or the required fitness, under the law, of the person desiring to engage in such business while there are others who entertain views to the contrary, and do not object to a license for the sale of such liquors being granted to an applicant whom they deem, by reason of his good character, fit to be intrusted with such a permit, and who, as they believe, will conduct his business in accordance With the law. If the statute can be interpreted to permit the use of one Joirit remonstrance, embracing all applicants for a license, at the same session, including those who might measure up to the legal standard of fitness, with those who might fall below it, then this latter class of voters would be placed at a disadvantage, and might not be enabled!, by joining in the remonstrance, to truly express their will as to all tfie applicants therein mentioned. The procedure of tacking, in a single remonstrance, one applicant onto another, might possibly result in doing an injustice both to the voters and also to the applicants, who were but exercising their legal rights to obtain a license. There is nothing in the statute to indicate that the legislature intended that

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cedure, which might possibly result in an Injustice, should be pursued. "All 'maneuvering,' 'Jockeying,' or 'logrolling,' in order to secure voters to sign a remonstrance, or to prevent them, if they so desire, from signing the same, ought to be condemned. The evident intention or policy of the law is, that the voters of the particular district may be permitted, without restraint or undue influence, to register their will against a liquor license being granted to an. applicant therefor to sell his liquors in their midst."

After these decisions, no further effort, as far as is known, was made to use this ninth section of the Nicholson law for the attainment of local prohibition by a "blanket" proceeding until three or four years later. Then the expedient was hit upon of using a power-of-attorney to accomplish a purpose which the Supreme court had said was not the purpose Of the Nicholson law. A paper in which it was stated that the undersigned authorised' a certain attomey-ln-faot to sign their names on remonstrances against the grant of a license to any applicant was circulated. After it had been signed by a majority of the voters of the ward or township, the attorney-in-fact signed the names of the voters on a remonstrance against the grant of a license to the first applicant thereafter applying. He then put the power-of-attorney in his safe, and when the second applicant filed an appli* cation, he again signed the names of the voters on a remonstrance, and so on until prohibition in the ward or township was attained. The legality of this method was upheld by the Supreme court in Ludwig v. Cory et al., decided May 28 1903, 64 N. E. Rep. 14, and by the Appellate court in White et al v. Furgeson, also decided May 23. 1903, W N, E. Rep. 49, The decisions were based tipon. the Inherent right of one persoh to appoint another his agent to do it particular thing. Thus a blanket power-of-attorney was made to accomplish, by Indirection, tho same end as the blanket remonstrance which the Supreme court has held not to have been contemplated by the Nicholson law

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THE REMEDY. ..

In' view of the foregoing facts, it is proposed by a bill to be introduced at this session of the general assembly, to modify the law by the Insertion Iri the ninth section of the words "In person," as follows: "If, three days before any regular session of the board of commissioners of any county, a remonstrance in writing, signed in person by a majority .V

It .is proposed, in Other words, to require the voters to act as they do in elections, for themselves and not by agents in other words, to render impossible the subterfuge whereby the Nicholson law is being made to serve a purpose which the Supreme court had declared was not the purpose in its enacttnent. That the blanket power-of-attorney remonstrance is a subterfuge appears from the language of the Supreme court, quoted above, and from the fact that it was never

suggested of he«rcf of until three or four years after the* enactment of the law. It 16 not proposed to "modify the law in ?. other particular.

The reasons for the proposed modicifiation are: 1. That the defeat by subterfuge of the purpose of those who enacted a law should not be tolerated 2. That the blanket power-of-attorney remonstrance affords opportunities for many kinds of injustice, and 3. That it unduly burdens the boards of commissioners and circuit courts with protracted and expensive litigation. AN ILLUSTRATION—THE FOURTH

WARD REMONSTRANCE CASE. The strength of the second and third reasons will sufficiently appear from a history of the Fourth Ward Remonstrance in the city of Indianapolis.

The Fourth ward includes some of thebest and some of the worst portions of Indianapolis, portions in which a saloon would be an intolerable nuisance and portions in which liquor drinking is inevitable under any law, whether It be In licensed saloons, in drug stores, in groceries, or in the "blind tigers" which everywhere spring up In the wake of a successful blanket remonstrance crusade. It Was attempted during the winter and spring of 1901 to exclude saloons from the entire ward by a blanket power-of-attor-ney. July 31, 1901, Charles H. Schafer. saloonkeeper In the lower part of the ward, away from the better residence portion, filed his applicatioi^for a license. At no time either before the board or In the circuit court, was there, quoting •Judge Allen of the circuit court, any "attempt to controvert the character of the applicant or to question his fitness for the position." August 1, a remonstrance against the grant of a license to him was filed on which 1,736 names—349 more than a majority—had been signed by the attorney-in-fact. The remonstrance was contested by theapplicant before the board of commissioners, in a trial which consumed the time of the three commissioners and of the county attorney for nearly a month. The remonstrance was found insufficient by the board and the license arranted. Thereupon the remonstrators appealed to the circuit court where a trial was had lasting another month. The court held that more than 349 names—how many more he did not have to determine—appeared or. the remonstrance unlawfully. These 349 Included the following 217: Dead Women 3 Minors 12 Men who lived outside the ward.... 63 Duplicates *18 Triplicates 20-^217 Tn addition to these 217 the applicant proved, as he claimed, men who removed from the ward before the remonstrance was filed ..129 Men whose names were written on the remonstrance but who liad neither signed nor authorized the signing of the power-of-attorney 177—246

Mrs. Jennie Rasener's name was written on the power-of-attorney "Mrs. J. Rasoner" and was afterward written on the remonstrance "Wm. J. Rasener."

It should be borne in mind, in connection with the two preecding instances, that the remonstrance was the only paper filed, and that the power-of-attorney couid not have been inspected had there been no contest.

Three names appearing at different places on the remonstrance, namely, "Bruce Swan," "G. B. Swan," and "George B. Swan," were found at the trial to be the names of the same person. Similar triplications and duplications were discovered until, as sta.tad above, it was determined by the court that 266 names on the remonstrance stood for only 128 persons.

After referring to the names of women and minors, to the duplicates, to those Who lived outside the ward when the power-of-attorney was signed and to those who removed from the Wiifd before the remonstrance was filed, the circuit court, in its finding, said: "But a great m-an.y more were names which were never signed by the person whose name appeared, nor with his know-ledge-or consent."

In addition to all those whose names were stricken out by the circuit courtmore tihan 349, but how many more we can not determine,— "hundreds of witnesses," in the. -language of the court, "were produced, and offered to testify thai they were tndueed to sign by the representation that it was a remonstrance to a- partfcuiar saloon or road house near wher«! witness re»Wedt but the evidence was ruled- out by the court under the rule-of law that one who signs a written ctftilfact without reading and who has an opportunity and abilUy to read it can not be heard to dispute the contents of the written instrument or show that his signature was obtained by misrepresenting, what the contents were."

This meant that hundreds who, like the applicant's otm brother-in-law, had signed the blanket power-of-attowiey under the belief, induced by tlie statements of solicitors whom they trusted, that they were signing against a particular road house or against "any more saloons coming in the ward," were not permitted to testify to these facts. And, further, these hundreds wore unable, under- the construction of the Nicholson law by the Supreme court, to withdraw their own names, from the remonstrance but, even after they had learned the facts, Had to Allow theijr names to remain and had, therefore, "to beeome parties to a protracted ano| expensive Htlgation with which they ^re not in sympathy.

In

addition £o all-names hereinbefore mentioned her A were on the remonstrance, 116 of. what thcVcourt called Vmere unintelligible marks\—so, unintelligible, indeed, that the a£toj|ney-in-fact himself,

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WHAT THEY OBJECT TO. As to how many of the 246 the judge accepted the applicant's

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be said, for the reason that when he reached a total, of 349 he stopped in his consideration.

The methods employed in making up the remonstrance may be illustrated by three instances:

Christena Williams, wife of Edward Williams, wrote her name with a pencil on th« power-of-attorney, being told by the solicitor that—quoting from the official stenographer's transcript—"it was against any more saloons coming in the ward." At the trial It developed that the "a" in her first name had been erased— the erasure being unmlstagably apparent even to the naked eye—after the paper left her possession, and the letters "son" written in its place, thus making a man's name, "Christenson." And on the remonstrance the name appeared "Christenson Williams." No word, either In evidence or in argument, was offered by the remonstrators to contradict or explain for foregoing.

And now, after the applicant, Schafer. against Whose character no word was said, has been contending in the Courts during a year and a half for the license which in the language of the Supreme court, it was his "legal right" to seek, he is being called on to resist a motion that all the costs in both courts, amounting to between one and two thousand dol-lars-rthey have not yet been fully taxfdshall be adjudged- against him. The managers of this campaigh, the character of Whose remonstrance has been sufficiently revealed herein, are, In other words, contending before the circuit court that an applicant for liquor license must pay a penalty in costs for having had to prove that a remonstrance against him was- insufficient.

It is not intended, by what has been satd herein, about the Fourth Ward Remonstrance, to attempt to discredit in anywise all thope who have undertaken similar proceedings. Obviously, that would'be grossly unfair. It is intended, however, to discredit the "blanket" power-of-attorney as an unworthy subterfuge by proving what may be done thereunder from what has been done thereunder.

Sale

23 Tailor Made Suits to Be Closed Out at Less Than Cost.

The former prices were $10.00 and $12.50. The skirts alone are worth more than we ask for the suit. Sizes from 32 to 40. Better be here early if you want first choice.

OUR MUSLIN UNDERWEAR SALE

Will be continued one week longer, to accommodate those that couldn't attend last week.

Hays & Greely

618 Main Street.

(The Store That Saves You Money.)

IN UNIMPROVED COUNTRY SUBDIVISIONS

When we will sell you vacant lots or improved property in any part of the city on as good terms ?,

81 Choice Lots

North, South, East and West—11.00 per month on each $100.

30 Houses and Lots

Any Location, Same Terms.

You don't pay for life insurance when you buy property of us.

OAHLEN REALTY GO.

Mr. T. P. Klser, who had made the marks intending that each should be counted as the name of a voter, was unable, on the witness stand, to decipher them. All these, however, were counted fcr the remon•etrators by the court, who said: "But having counted all such signatures and all the signatures where authority was executed on Sunday (the validity of Sunday signatures having been contested at tho trial), still the court is satisfied. that the remonstrance Is ndt sufficient."

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South Seventh St

DR. C. C. RHODES

NEW PHYSICIAN HERE

Buys Interest in Terre Haute Inhala~torium With Dr. J. D. Roberts.

Dr. C. C. Rhodes, who has recently removed to Terre Haute aud bought an interest in the Terre Haute Inhalatorium with Dr. J. D. Roberta.

Dr. C. O. Rhodes lias purchased an interest in the Terre Haute Jnhalatorium and Electro-Therapeutic Institute, and will be permanently associated with Dr. J. D. Roberts in the management of the institution. Dr. Rhodes is a young physician and has had a thorough medical training. He is a graduate of the Hahnemann Medical college of Chicago, and also served in the Hahnemann hospital as an interne. He has also attended the Rush Medical college and the Chicago Medical college, and for six years was in the hospitals at Chicago in the general practice. Dr. Rhodes comes to Terre Haute with the highest recommendations from members of the profession, and will lend valuable assistance in the work of the Inhalntoriurar which has grown to such an extent that it prevented Dr. Roberts from entering into the general practice of medicine. With the assistance of Dr. Rhodes, the firm will be able to greatly extend the work and usefulness of the Terre Haute Inhalatorium and Electro-Medical Institute.