Daily Tribune, Terre Haute, Vigo County, 9 May 1915 — Page 2

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STREET RULING UNDER

AnACK

Contractors on North Third Improvement Ask Modification of Decree of Court.

COMPANY STANDS TO LOSE BIG SUM IF MOTION FAILS

Case Is Hotly Contested By Opposing Attorneys, and Arguments Are Not Concluded When

Day Ends.

Argument on the petition of the Neil & David Construction Co. to intervene in the North Third street improvement cases, with the idea of securing a modification of the judgment entered by Judge Beal, occupied the entire time in the Superior Court Saturday. .When adjournment hour was reached late yesterday evening Attorney C. C. Whitlock, representing certain of the property owners, had not completed his argument, and it went over until Monday morning.

In the decree given by Judge Beal the entire assessment was set aside on that portion of the street included in the present suits, from Locust to Cherry street, and the construction company was left to hold the bag. In suits covering that portion of the street from Maple avenue to Locust street, which was heard by Judge Cox, I the assessments were set aside on behalf of the property owners who sued, ahd judgment was entered against the city for that portion thus set aside.

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In the cases included in that portion of the street from Locust to Cherry, which was heard from by Judge Beal, the assessments were set aside, but the entire improvement was declared invalid, so far as the city and the property owners are concerned. It is to se-

cure a modification of this decree and get judgment against the city that the construction company is asking the right to intervene.

Questions Court's Right.

Attorney S. D. Royge, who opened the argument for the construction company yesterday morning:, engaged In a spirited argument with Judge Beal in which he questioned the right of the latter to declare the assessment null and void as against the city, without permitting the construction company to be heard. He said the court had no right to take away the company's property rights without being heard, ahd Judge Beal gave it as his opinion. In support of his decree, that the com-

W What's In The

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pany had acquired no property rights as the contract had^not been entered into or carried out according to the law governing street improvements. He said the courts in this state and elsewhere had uniformly held that a contractor acquired no rights in such cases unless the law had been strictly adhered to in all the stages of the contract, and it was the duty of the contractor to be advised in this respect. If he performed work under any other circumstances, the court said, he did so at his peril, as the contractor for the Third street improvement had done. Attorney S. K. Duvall followed Royse in argument in support of the contention of the construction company that it could not rightfully be deprived of Its rights without a hearing and quoted many higher court decisions in support of his argument.

Wells Opposes Petition.

City Attorney Wells, who opposed en behalf of the city, the petition to intervene, held that a decision of the Indiana supreme court given in 1871 is still the law of the state, holding against the right of an interested party to intervene in a suit after judgment had been rendered. He had opposed the view of the court throughout the trial of the cases, he said, that Judgment could be entered against the contractors when they had not been made

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Two Views Aboard the Torpedoed Liner Lusitania

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He was followed 'by Attorney C. C. Whitlock in opposition to the petition of the contracting company, and when court adjourned he had not completed his argument, which he supported by numerous decisions of higher courts. Law books were piled up around the court room in profusion to be quoted by the attorneys for the contending sides, and each side was able to And numerous apparent precedents in support.of the opposing contentions. Attorney* "Whitlock will conclude his argument Monday morning, and will be followed by Attorney Curtis, of Gary, representing the contracting firm, In support of the petition to intervene. Various other matters had been set for hearing before the court Saturday-, but everything was continued because of the street improvement argument.

The contracting company's effort to secure a readjustment of the decree means much to it, for if the court refuses to permit the intervention it will cost the company in the neighborhood of $33,000, which it will be compelled to lose. If the court pernjits the intervention and modifies the decree as asked for, this cost will be assessed against the city, and will mean a tax levy of about 10 cents on each $100 worth of taxables next year to cover the cost. If the court refuses the petition the company's only remedy will be a suit against the city to recover the cost of the work, with a judgment of record that the work was irregular, illegal and void.

DISASTER HITS MARKET.

Stocks Slump With Crash When News Is Received. NEW YORK, May 8.—Confirmation of reports of heavy looss of life aboard the Lusitania caused prices on the stock exchange to go down with a femash early after the opening today. "War stocks," particularly of those firms reported to have received large war orders from the allies, suffered most but there was a general decline on the prospect that the United States might become involved.

Later the market steadied on reassuring news from Washingon. Rumors went around that large banks were coming to the support of several drooping issues. The rally was maintained until the close.

FRATERNAL AID UNION MEETS.

The Fraternal Aid Union No. 886, met last night in the hall at 420% Wabash avenue. After the business session the members enjoyed a supper and musical program. The entertainment committee announced that the two councils of the order in Terre Haute will hold a picnic July 4.

DEATHS AND FUNERALS.

STEPHEN ARNOLD.

By Special Correspondent. V1NCBNNES, Ind.. Mav 8.—Stephen Arnold, 69 years old. died at his home in this city last night of cerebral hemorrhage and a paralytic stroke. The deceased was born Julv IS, 1846, at Waldenheim, Alsace-Lorraine, France. Soon after the French and German war Mr. Arnold came to America, direct to Vincennes, and took up his trade, contracting and building. He is survived by Ave children. Mr. Arnold was a member of the Catholic Knights of America and the uniform rank of that order. He was a memher of the St John Benevolent societv and at the time of his death secretary of the company.

MBS. SARAH AliLENIJORF. By Special Correspondent. BRAZIL, Ind., May 8.—Mrs. Sarah AUendorf, wife of Henry H. Allendorf, died at the home south of Saline City this morning of cerebral hemorrhage, aged 61 years. The deceased is survived by the husband, three sons and two daughters. She is also survived by three brothers and a sister. The funeral will be held at the German Reformed church at Poland Monday morning, interment In the cemetery near the church.

TERRE HAUTE TRIBUNE

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DECK OF THE LUSITANIA (LEFT) AND VIEW IN LOUNGING ROOM.

a party to the proceedings, but now that the decision had been rendered he did not believe that the company could be permitted to intervene to secure a modification of the decree without granting a new trial and opening up the entire proceedings. He said an interested party to the proceedings could only ask a modification of the decree, once It had been entered, and could not ask for a new decree, as the contracting company was asking in the present proceedings.

If the contracting company had not expected a decree similar to the one entered in the other part of the street, in which the costs of the improvement set aside had been adjudged against the city, the company might possibly have permitted itself to be made a party to the proceedings. It had not, however, at this late date, a right to ask to have the proceedings opened up and a new decree entered on the original judgment.

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OF LUSITANIA DISASTER

Continued From Page On®.

bodies, their heads and shoulders covered with seaweed. Every captain of a rescue ship who has been on the scene and returned says that only Almighty Providence saved any lives. If the water had been only ordinarily rough, they say, not a single person would have lived. St. Georges channel was almost like & mill pond where the big liner was torpedoed and that, and that alone, is due the successful launching of at least ten boats.

Life Rafts Lost With Ship Many of the boats and liferafts of the Lusitania went down with her Those on the pbrt side, with the exception of three, could not be launched. Although there was no panic in the broad sense of the word, many women became panic stricken and hysterical. They impeded istead of helping the work of getting boats over side.

The rule of the sea, "women and children first,"' seems to have been followed in the first of the boats launched. But many of the boats went overside with only a few in them and when they were cut loose in the water it wa? the men that they picked up as there were few women sturdy enough to swim in the cold water, and they were immersed when the Lusitania went to the bottom.

Captain Turner was still at his post on the bridge when the vessel took her final plunge. He is In his room in the Imperial hotel here suffering very seriously from exposure for three hours. He declined to make any statement, saying his report must be made to the admiralty, he being a member of the royal naval reserve. Because of his age, 59, the doctors are fearful as to his recovery, although they say that they are hopeful.

No trace has yet been found of Alfred G. Vanderbilt, Charles Klein, Elbert Hubbard or any of the other prominent Americans who are missing and believed to have been drowned. At the request of Ambassador Page a strict watch is being kept for those hodies and their descriptions have been sent to all the fishing villages on the Irish coast.

That the submarine which sunk the Lusitania had completed her task when she launched the fatal torpedo and returned to her base, is the belief of the admiralty officials as no trace of her was seen after the first torpedo was fired.

Madame D. Page, chief of the Belgian Red Cross, said that when she saw that the Lusitania was about to founder she jumped into the water to avoid the suction. "But I was drawn into the-, vortex of the sinking ship and carried away down. When I came up there was nobody in sight. I was finally picked up by a torpedo (boat No. 4, which also rescued twenty others. The commander, ex-Officer Burrugh, was very kind to the survivors, among whom were Richard Freemen, of Boston, and Herbert Stone, of New York, son of the general manager of th« Associated Press." 8tories of Survivors.

Robert Rankin, of 116 Schuyler Place, Ithaca, New York, a mining engineer, said: "I was standing on the deck talking to Thomas Bloomfleld, of New York, a New York insurance agent, and another man, when I saw a conning tower of a submarine. I exclaimed: 'That looks like a torpedo.' "Bloomfleld said, 'My God, it te a torpedo.' "Almost before he said the last word ,an explosion followed. The vessel was deluged with black smoke and a rain of debris fell about us. It rained on us for two minutes, I should think. Passengers became panic stricken When the water was within twelve feet of the deck I missed my companion. I jumped overboard and swam. I was picked up by a life boat which was in charge of the coolest man I ever saw, Welch, the second Stewart, who picked up me and 32 others."

Dr. J. J. Houghton, of Troy, New York, said: "I was lying in my berth on the lower deck when the explosion occurred. I reached the upper deck in time to see two boats being launched. They were dashed against the Lusitania's side and their occupants fell in the sea. "The ships officers then reassured us and told us that the liner surely would not sink until help arrived. None of my party were Aaved."

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Dougherty, a two months old baby who was brought here. His parents are believed to have been drowned. He was picked up floating on the sea by a woman who later was rescued. Both are safely housed }n a private home here.

At the morgue here tonight lies the body of a beautiful young woman with two babies clasped in her arms. AU were picked up from the water by a trawler.

Officials decided today to hold the Inquest Monday. They are working hard to establish the identity of the many victims.

A probable solution of the smashing or foundering of so many of the lifeboats may be found in the story told by an officer who refused his name because he said he did not want to "get in bad" with the Cunard line, but the story was corroborated by several of the crew. He Baid: "After we were struck the captain from the bridge ordered full steam shoreward. The side wave rolling toward the channel carried the ship along and made launching of the boats a hard problem."

ONE ESTIMATE 1,214.

New York Officer# of Line Receive Only Incomplete Reports. NEW YORK, May 8.—The Cunard offices tonight estimated that at least 1,214 and possibly more than 1,800 persons lost their lives in the sinking of the Lusitania. On Incomplete reports received tonight they estimated that between 125 and 150 American citizens went down with the liner and that probably 75 more perished who were residents of the United States but not naturalized citizens.

Cunard officials based the estimate of loss of life on their own reports of the number of persons aboard the liner and that 703 persons have been saved. They have no official statement of the number of survivors and early tonight had received the names of only 316 persons who were saved, including 52 members of the crew. Their figures showed Only 1,917 persons aboard the Lusitania, but they admitted more may have been aboard.

The Cunard passenger list carried the names of 290 first cabin passengers, of whom 97 are known to have been saved. There were 93 persons of American birth or naturalized American cltlsens In the first cagln and only thirty of these have been accounted for.

The Lusitania carried W9 second cabin passengers, according to best information available at the Cunard offices tonight. Of these 315 were from the United States, though a large number of them, according to Cunard officals were not American citizens. The names of 138 second cabin survivors have been received at the company's offices.

MOTHER LOSES DAUGHTER.

Haunts Offices of Cunard Line In Search of Missing Girl. QUBENSTOWN, May 8.—Clad in rough garments Mrs. J. S. Burnside, sister of J. C. Eaton, of Toronto, ono of the leading merchants of Canada, sobbed pitifully in the offices of the Cunard company tonight. "I fear my daughter is lost," she cried, almost fainting, after a futile effort to obtain reassuring information.

"I

The youngest survivor is Billy

have not seen her since the ship was struck by the torpedo. I know she must have gone down." "The Lord, alone can tell how I was saved."

Mrs. Burnside. who had left New York with her daughter and a maid, lost everything she had. Her garments were torn and soaked. The wife of a local store keeper took her in and gave her food and shelter. Her daughter has not been reported among the rescued. Nor has any word been heard regarding the fate of the maid.

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