Daily Tribune, Terre Haute, Vigo County, 22 August 1914 — Page 1

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Circulation Year 1913 15,654

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VOL. XXXIX.—NO. 83.

CnYSlESFOfl CflEKRVSntEET

Long Expected Action Filed to Compel Traction Company to Disgorge.

VACATION ILLEGAL AND VOID, IS CITY'S CHIEF CONTENTION

Damages of $50,000 Asked Because Tracjtion Company Failed to Keep Its Agreement to Erect

Terminal Station.

The city of Terre Haute, by City Attorney Charles S. Batt, today filed the long expected suit to take Cherry street away from the traction company. In 1910 the traction company began its efforts to have Cherry street, Wtween Eighth and Ninth streets, and an alley leading off Cherry street toward Wabash avenue, vacated so it could use the ground on which to build a traction terminal station. There was much protesting against the move at the time, the Young Business Men's club taking an active part, but despite all the protests, the board of works, under Mayor Gerhardt, vacated Cherry street and attempted to make a present of it to the traction company.

The present suit Is against the old Terre Haute Traction and Light company, which owns the ground, and also owns the city street car and interurban system against the United States Trust company, which Is a trustee for the owners and against the Terre Haute, Indianapolis & Eastern Traction company, wnich is the main defendant, as It has a ninety-nine year lease on the city railway as well as the interurban lines and all the ground and property of the Terre Haute Traction and Light company, and practically is the owners of it by reason of its long lease.

This suit is the result of the city council's insistent efforts to ascertain whether or not the traction company has a valid claim on Cherry street and the alley leading off Cherry street Some time ago Councilman Riede, of the Fourth ward, Introduoed a resolution to have City Attorney Batt look Into the question and report to the council whether or not Cherry street could be held by the traction company. Councilman is an employe of the Vandalia shops and he knew from the expressions of his fellow workmen that the citizens of Terre Haute did not believe that the traction company should be permitted to hold Cherry street, If there was any way to take it away, and it was this expression of the average citizen to the representative from his ward that brought about the inquiry.

After a most thorough Investigation, City Attorney Batt reported to the council that in liis opinion' the former board of public works possessed no power to vacate Cherry street for the benefit of private owners. He gave it as his opinion that the action was void and that the suit should be commenced to set aside the vacation and take Cherry street from the traction company. He was at once instructed by the council to bring the necessary pro ceedings and the suit filed today is the result of his work along that line. This suit is regarded as one of the most vital ever filed in the sta.te of Indiana, as it will determine once for all in this state whether or not public prop-,-rtty, such as streets and alleys, can be given away by a city for the UBe and benefit of private corporations for their own personal gain.

The suit is in three paragraphs. The first paragraph is to set aside the vacation of Cherry street and the alley leading off Cherry street, on the ground that the action of the board of public works was ultra vires (that is, beyond its power) that they had no power or authority to give away the street and alley. This paragraph sets forth that the city of Terre Haute is a city of the second class and In the holding of its streets and alleys is trustee for the general public-

The paragraph then shows that the Terre Haute Traction & Light com pany was the owner of all the lots lying on both sides of Cherry street and both sides of the alley leading off Cherry street and by deed of trust placed the title of them in the United States Trust company as its trustee, and then leased all the ground, together with all its other property, to the Terre Haute, Indianapolis & Eastern Traction company for ninety-nine years,

The complaint then shows that the Terre Haute, Indianapolis & Eastern Traction company is operating all the interurban lines into and out of Terre Haute, and desired to get Cherry street and the alley leading- off it for the proposed purpose of building an interurban station thereon. It is then shown how the Terre Haute, Indianapolis & Eastern Traction company is a private corporation engaged as a public carrier of persons for hire, and that It is operated for the gain and profit of the owners

The complaint then shows how Cherry street and the alley leading off was laid out and dedicated as

it regular street and alley on the 5th day of August, 1852, by Chauncey Rose,

and

that Cherry street extends from the Wabash river to Ninth street, more than three-fourths of a mile, and

Continued on Page 2, Column 5.

ANSDE

U. S. WEATHER REPORT.

TKMPBJRATl'ItK RECORD, AUGUST 22 a. ,..67 Noon 84 9 a. 77

LOCAL CONDITIONS AT 7 A. M-, AUG. 22, 1014. Temperature, 69 highest temperature yesterday, 88 lowest temperature last night, 64 precipitation, 0 direction of wind, east veloolty of wind, three miles per hour state of weather, clear relative humidity, 71 per cent.

FORECAST.

TJ5IRRE HAUTE—'Fair tonight and Sunday. Slightly warmer tonight. INDIANA—Unsettled weather tonight and Sunday with probably local thundershowers. Generally fair south portion and warmer south portion tonight.

OTHER LOCAL REPORTS. Temperature by Buntln's thermometer, 7 a. m., 70 2 p. m., 91.

River stage, .1 feet.

GREAT BATTLE IS IMMINENT

Onward Moving Germans Must Soon Meet Main Allied Forces for the First Time.

MAY EBB AND FLOW SEVEBAL DAYS ERE RESULT IS KNOWN

British Press Bureau Issues Warning That All the News Published Now Comes Through the Anti-

German Allies.

LONDON, Aug. 22.—With the Germans bombarding the forts of Namur and large bodies of their troops continuing to move westward, a contact must soon be joined with the main allied forces. The German army will then for the first tlrhe And Itself facing its chief opponents and a great battle which must have an enormous effect on the future of war will probably ebb and flow for several days before a decision Is reached.

The front of the German fighting line may extend far to the westward if the suggestion is well founded that the right wing of the emperor's battalion Is carrying out a great circling movement in view of the breaking into France. Further to the south, according to Frenoh official reports, victories gained by the French troops have opened the way to Colmar, capital of upper Alsace. Seven thousand Austrians are reported to have arrived at Strassburg for the defense of that fortress. Both Germany and AustriaHungary have called the Landstrum, their last reserve of troops, to the colors.

If the news of a great Servian victory, which comes from many sources, be true, Austria-Hungary, which must be reeling under the smashing blow delivered by her small adversary, will need every available man. The Russian army on the eastern frontier of Germany gradually is emerging from the mist and in such force as will soon demand more attention.

The official press bureau this afternoon issued a warning to the public to bear in mind that for practical purposes almost all information, official or unofficial, concerning the progress of the land operations comes at present from the side of the allies. The official statement continues:

Little News From German Seuroee. "Very little news filters in from Germany and Austria by the channels of neutral countries, but sufficient does filter through to Indicate that the enemy claims successes In various quarters, both in the western and east ern theatres of the war. "It should furthermore be remem bered that these campaigns have been carried out on an enormous scale and that the majority of the encounters which have already taken plaoe can only In their due perspective be placed as matters of little importance. "The French have gained gratifying suocesses in Alsace and the Germans by a steady pressure have obliged a large portion of the Belgian field army to retire on Antwerp. "In the eastern theatre there have been a number of affairs in which our allies are believed to have gained ground, but the "campaign in that quarter can scarcely be said to have commenced. The exaggeration "Into important triumphs of minor episodes in which the allied forces are alleged to have gained the upper hand, is misleading. "This, however, may be said: "In the western theater of the war, that In which this country is-most immediately interested, one real noteworthy success has been gained, although it could perhaps be called a German, failure rather than an allied success. "At the end of three weeks the enemy has not yet attempted to deliver an attack, which, had It taken place and proved even partially successful a week ago, might conceivably have Interfered with the concentration of the Frenoh army, and might have proved prejudicial to their subsequent operations"It was apprehended that the enemy would be ready first and would take full advantage of this circumstance.

These suppositions have proved incorrect. The situation at this moment is in a military sense satisfactory."

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EXPECT WAR IN THE FAR EAST

Diplomatic Ciroles Expect Germany's Answer to Japan's Ultimatum Will Precipitate Conflict

U. S. WILL MAINTAIN STRICTEST NEUTRALITY

American Government's ln»lstance on Preservation of China's Territorial Integrity Meets

Approval.

8HANG HAI, Aug. 22.—Aooording to official information obtained today the tenth division of the Japanese army, consisting of 16,000 men, went on board transports at Kokura last "Friday. Furthermore, a Japanese battleship fleet, including the super dreadnaught Kongom, has sailed to bombard Tsing-Tau, the seaport of Kiao-Chow, and cover the landing of the first forces of Japanese occupation. The second Japanese cruiser squadron from Port Arthur is patrolling between Korea and the island of Formosa.

WASHINGTON, Aug. 22.—The significance of the policy of the United States toward the situation in the far east as expressed in a formal communication from the American government to Japan, was widely discussed by diplomats here today. The declaration that the United States would remain absolutely neutral in any eventuality, was not unexpected, but the extent to which the present administration would reaffirm the policy of John Hay for the preservation of the territorial integrity of China and the principle of the "open door" for the commence of all nations had not been generally known.

In its latest communication with Japan, the .United States has carerully refrained from expressing any opinion on the merits of the ultimatum presented by Japan to Germany, but has noted with satisfaction the following points: "That Japan has promised to restore to China the territory of Klao-Chow if she should obtain possession of it from Germany. "That Japan seeks no territory in China. "That Japan would naturally communicate with the United States before taking any steps outside of the boundaries of Kiao-Chow in the event that revolutionary outbreaks or dls-

Continued on Page 2, Column 4.

ITALY WILL MOBILIZE

PARIS, Aug. 22.—A national mobilization of Italian troops has been decided upon and will be proclaimed in three or four days according to a message which the Rome correspondent of Eclair suoceeded In smuggling through to his paper. The correspondent asserts that King Victor Emmanuel until recently felt obliged to renounce all idea of Italian intervention in the conflict but was won over by the arguments of his ministers. Minister of Foreign Affairs Marquis Antonio D1 San Giuliano alone of t? cabinet held to a contrary opinion.

"KEEP STEP WITH TERRE HAUTE"

England Rushes Big Guns to Continent for General French

Durlng the past two or three weeks there have been scenes of tremendous military activity In England. This photo shows English rcyal field artillery hurrylrg their flfteen-pounder gains to the train for shipment to General French, who Is in charge of the English forces on tho continent.

KILLED IN ELGIN RACE

Spencer Wishart, Leading in the Contest, Dashes Into Fence, and1*" Auto Falls on Him.

ELGIN, 111., Aug: 22.—Spencer Wishart died this afternoon of injuries received when the car he was driving in the Elgin national road raoe crashed Into a fence and overturned. Three ©pectators were reported slightly hurt when Wishart'3 car hit the fence near where they were seated.

Wishart's skull was fractured, his right leg broken and his chest crushed. He was rushed to a hospital but did not regain consciousness. Mrs. Wishart, who had been cheering in the stand® each time her husband flew past, was brought to his bedside.

The accident was due to the furious pace sustained. For nearly half the distance of 301 miles until the accident, AVishart averaged almost 78 miles an hour, or nearly 5 miles faster than the new record which was established yesterday by Ralph De Palma.

The accident put Burman in the lead but the terrible pace and the heat of his engine made him sick and he had to withdraw in favor of Ralph Mulford, who took his seat at the steering post.

The race was not stopped. While spectators were lifting the car off the forms pinned under it, the other contestants pursued their breakneck course.

Wishart was 24 years old and had been racing for six years. He started by piloting cars owned by himself and finished second in the first race run at the Indianapolis speedway track.

His work was characterized by a fine combination of daring and cool nerve, and it was not long until he was called into the professional ranks and rose to the captaincy of the racing team of a well-known manufacturer. At Santa Monica, Cal„ this spring, Wishart averaged 84.4 miles in the grand prize race before going out of the contest.

WHOLESALE DROWNING.

DAVENPORT, Iowa, Aug. 22.—Four people,, residents of Leclaire, Iowa, a father and three daughters, were drowned In the Mississippi river near Leclaire, a village about twelve miles from this city Friday. The father lost his life in an attempt to rescue his daughters. The drowned are:

Thomas Thomas, aged 56 Dorothy, aged 21 Elizabeth, aged 17, and Katherine, aged 11. The oldest girl was wading behind a boat containing the others when she went in water over her head. Ilr-r two sisters leaped in to help her and the father made a fruitless attempt to save all three.

Is This the Milk in the Japanese Cocoanut?

TOKIO, Aug. 22.—Japanese newspapers that are eomtimes officially Inspired say that if Kiao-Chow Is to be a prize of war, Japan may not be obliged to restore the German protectorate to China. Restoration, they state, would be conditional on the peaceful transfer of 1 ?how to Japaa by Germany,

TERRE HAUTE, IND., SATURDAY, AUGUST 22, 1914. FOUR O'CLOCK—ONE CENT

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HOLD ENGLAND CAUSE OF WAR

Berlin Publications Show That Germany Desired to Prevent War With France.

GREAT BRITAIN REFUSE TO GUARANTEE NEUTRALITY

Ambassador Gerard Denies Reports of III Treatment 6f Americans, and 8ays They Enjoy Same Freedom As At Home.

BERLIN (via Copenhagen and London), Aug. 22.—A laconic dispatch of seven words, announcing the entry of Germans into Brusels, is the only n«vf» regarding the occupation of the Belgian capital yet published here. The military authorities are contenting themselyvea with a brevity of announcements surpassing that said to have been employed by the late Field Marshal von Moltke.

The newspapers express admiration for the swiftness of the German advance, but make no comment on the German tactics. They occupy themselves almost solely with the correspondence between Prince Henry, of Prussia, King George and Emperor William, which was exchanged just before war was declared and published for the first time yesterday

The papers are unanimous in tho opinion that these documents with the dispatches exchanged by the emperor of Russia and the German emperor prove completely that Germany until the last moment sought her utmost to maintain peace with Russia and France.

Germany, It is declared, desired to prevent war with France and sought only a guarantee of French neutrality. England, however, refused to help in obtaining such a guarantee and therefore, it is reasoned, that England in the first place, was the cause of the war between France and Germany.

The Japanese charge d'affairs Is still in Berlin. The commandant of Alsace-Lorraine, declaring that trailers have tried to use the telephone lines, has isued orders that any persons found making any improper use of the telephone shall be immediately shot. Two more French guns have been brought to Strassburg.

Ambassador James W. Gerard, of America, publishes in the newspapers denials of the reports that Americans

Continued on Page 2, Column 7.

LONDON, Aug. 22.—In a dispatch from St. Petersburg the correspondent of the Router's Telegram company sRys that the Russian general advance both on Austria and Germany, is progressing without interruption.

A big cavalry engagement of the northern army on Friday was a severe blow to the Germans in East Prussia. An entire German battery was captured. Aviators are throwing bombs on the German entrenchments and military buildings.

Three Austrian army corps are engaged in the Austro-Servian theater of war. They are wedged in the junction of the Drlna and Tadal rivers. In a battle of four days' duration, the Servians captured sixty Austrian srans.

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LLIONS CASH

GERMANS ARE ACCUSED OF USING FORBIDDEN -DUM" BULLETS

PARIS, Aug. 22.—The government today calls the attention of tht powers which signed The Hague convention to its report that on August 10, following an engagement, a French army surgeon found five dum-dum bullets on the road to Minister in Alsace. These bullets were in a rifle clip, and were turned over to the French commanding general. Other dumdum bullets taken from the bodies of French soldiers killed in battle have been forwarded to the minister of war.

NOTE—The "dum-dum" is an expanding, man-stopping bullet, the use of which is forbidden by The Hague war regulations.

LONDON, Aug. 22.—3:30 p. m.—In a dispatch from Amsterdam the cor respondent of the Daily Mail says: "I have received a telephone message from Rosendall, on the Dutch-Belgian frontier, declaring that German Uhlans were seen Friday afternoon three miles from the Dutch frontier near Esschen, which is 18 miles north of Antwerp."

PARIS, Aug. 22.—Official announcement was made here today that the Germans had shot to death the burgomaster and a group of the inhabitants of the Belgian town of Aerschot. The execution is declared to have been without provocation. The men were all shot at once.

PARIS, Aug. 22—The son of Major Dreyfuss, who was exonerated on a charge of treason in 1906, has been promoted to the rank of sergeant for heroic conduct on the field of battle at the taking of Muelhausen.

WASHINGTON, Aug. 22J—An official German dispatch reports "a mag« nificent German victory" of the German forces between Metz and the Vosges mountains. No additional details are given.

WASHINGTON, Aug. 22.—All British army reservists in the United States have been ordered to place themselves at the orders of English on a of in he is

LONDON, Aug. 22.—A dispatch to the Exchange Telegraph from Rome says that according to messages from Berlin the German press is indignant at Great Britain's acceptance of Japanese support The leading papers declare that Germany will retaliate by stirring up an Islainitic revolution in India, Egypt, Tunis, Algeria and the Sudans, which will quickly bring England and France to terms.

LONDON, Aug. 22.—A dispatch to Renter's Telegram, company from St. Petersburg, sent under today's date, says: "After a brilliant Servian victory at Matohawa, the Austrians fled toward the bridges of the Drina, pur sued by the Servians, who captured rioh booty and a large number of prisoners, including officers., They took 40 guns, most of them howitzers,' horses, ammunition and field, hospital and military kitchens, which were abandoned by the Austrians in their flight." s.

PARIS, Aug. 22.1—Official information made public today is to the effect that the concentration of Belgian troops before Antwerp has been completed in good order. The morale of the Belgian troops has not beenl impaired..

LONDON, Aug. 22.—Official sources confirm the reports that the Austrians lost 20,000 men in three days' fighting with the Serbs on the River Drina, and that General Leman, the Belgian commander of the forts at liege, is a prisoner of tike Germans and en route for Cologne. .»

LONDON, Aug. 22.—6:40 a. m.—A dispatch to the Exchange Telegraph company from St Petersburg says: "It is officially announced that the Russian army is now advancing along the entire Austro-German frontier and successfully maintaining the offensive at every point of contact"

NISH, Aug. 22.—There has been continuous fighting along the frontier for two days, without any change of the respective positions of the Austrian and Servian armies. It is officially stated that a part of the Servian army has invaded Bosnia successfully, and that a great battle with an outcome favorable to the Servians is expected. 4

STUPENDOUS INDEMNITY DEMANDED BY GERMANS

LONDON, Aug. 22.—The German demand for idemnity from Brusaela end Uege, $40,000,000 from the first olty and $10,000,000 from the second, Is regarded here as one of the hardest calamities suffered by the Belgians as the result of the Invasion- The question is how the two cities are going to meet this bill. The cash from tho banks in both cities was almost all removed to Antwerp when German occupation w«s threatened.

There is no fracton of the amount of levy in either town and it is feared that the Germans will either demolish valuable historic and public buildings or seize art treasures if citizens of the threatened cities are not able to scrape together the $50,000,000 required. This is considered impossible.

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has priceless collection* of

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art treasures, fta public galleries are rich in examples of the Flemish and Dutch achools of painting and the Royal library oontains 600,000 volumes, 100,000 manuscripts and 50,000 coins. The Royal museum in Brussels is one of the finest in Europe and there are many costly statues In the capital.

FOUR BURNED TO DEATH. I

LA CROSSE, Aug. 22.—Four persons are dead as the result of the explosion of a lamp in the farm house of Thomas Straight here. The victims were David Thomas, his year-old-son, and the two children of Mr. and Mrs. Straight. The fire broke out when Straight and his wife were absent from home. Returning, Straight entered the house and rescued one of Thomas' children. Thomas entered the house but before he could rescue the little one the roof fell in, burying the four victims.