Daily Tribune, Terre Haute, Vigo County, 2 July 1916 — Page 2

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STREET PAVING COST TALIS ON CITY

Judge Beal Reversed In Cases Which I Went to State Supreme Court

The supreme court Friday mandated Judge Fred W. Beal, of the Superior Court of Vigo county, to enter judgi ment against the city of Terre Haute for the. amount of the assessments for ... the improvement of Third street because of the setting aside of the as- & Ifcssments against the adjoining prop«rty made by the board of public works ©f the city. It is shown in the case I that the contract was let to a contracting firm operating under the name of the Neal & David Construction company, of whom James A. Neal and •f others were

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the persons who formed

i the partnership under that name. The contract was let for the improvement for $25,640, and the board of public works accepted it as completed.

Assessment Reduced to Nothing. Dissatisfied property owners objected and appealed, and after a hearing i by the Superior Court a judgment was fentered to the effect that the improvement had not been built according to specifications that the property of V none of the appealing property owners ,* had been benefited in any amount V that the assessments made against k

them should be. reduced to nothing, and be vacated and set aside, to-

rl'gether with the liens therefor, and that f-ithe city should pay all costs of the ap--peal.

The holders of the assessments petltioned to intervene and have the judge lender judgment against the eity of Terre Haute for the total amount of 'y. the liens thus set aside, whicih were "4. numerous, but the aggregate is nowhere set out.

Judge Beal refused to permit this or to enter the judgment against the city, and the contractors sought to mandate ..^Rim by an original action in the supreme court. A hearing was had, and

I while Judge Beal was the nominal de|fendant, the city of. Terre Haute was /the real party in interest. The case 'g/was defended and exhaustive briefs

Jed.

Construes Statute.

The supreme court holds that it is ly an incident to the duties of a dge In reducing assessments to such extent that the total assessments .11 not pay for a street improvement, enter judgment against the city for e Amount lacking to pay for the imovemenj. In making the decision, the supreme urt construes the act of 1915 under l^hich the mandate proceedings were wrought and had, and holds, against jihe earnest contention of those opposing the proceedings, that'the act is ibroad enough in its scope to permit Jthe supreme cour.t to supervise any i'matter of the circuit, superior, or criminal courts which are not of a discreJfionary nature. It was contended that the wording of the statute would prevent the court from supervising any matter other "than that of ordering the granting of a change of venue, but the court in part says: "The act under [consideration conferred on the su-

Court jurisdiction to issue orignal writs of mandate for the purpose bf supervising and controlling the actions and jurisdiction of the

superior and criminal Jstate."

circuit, of the

courts

MEMORIAL TO SAGE.

APPLETON, Wis., Ju.y 1—Mrs. RusIsell Sage, of New York has donated $100,000, the largest gift ever received py Lawrence college, to erect a girl's dormitory as a memorial to her late lusband President Samuel Plants: announced today.

him

ask us..

BRAZIL CLAY WORKERS DEMANDHIGHERWAGES

Continued From Pace One.

han, the manager, was absent, and this company has not yet had an opportunity to accept or rejecjt the demands. The committee also called at the American Fire Proof Roofing company'* plant, employing about 200 men, and were ignored, tho management refusing to hear the committee's demands. These men will be asked not to go bs^ck to work Monday.

The new scale asked by the clay workers.runs from 27%c tc 50c an hour. In some instances sharp increases are made, as for one particular class of work calls for 40c r.n hour, while the present price ig about 18c an hour.

Citizens Support Plea.

Frank Kastner, national organizer, from Chicago, has' interviewed many of the business men and citizens, and reports that they have practically unanimous support i.i their demands for better wages .and shorter hours. The men are confident that they are going to win their demands. All nf the plants are reported to have an abundance of orders, and the Brazil Clay company especially has so many ordersithat they have been unable to supply the demand after almost doubling the output of their plant. The Monarch plant was also about to double in capacity in the erection of a practically new plant last Winter. The Ciay Product com-pany-is also crecting a mammoth new plant near the present factory.

It is not believed that any of the companies will be able to get men to take the place of the strikers, as there are no idle- men in the country, and the wages paid at the local plants are too low to attract men from other fields.

UNION MACHINISTS STRIKE.

Philadelphia Men Go Out When Denied Eight-Hour Day. PHILADELPHIA, July 1.—A general strike of -organized machinists in Philadelphia and vicinity was called today by the International Association of Machinists. The union is demanding an eight-hour day No demand is made for wage increases.

According t.o officers of the union about 7,000 machinists have answered the call, but these figures are disputed by employers.

The success of the ltmch depends upon whose ice cream 11 have. In Furnas Ice Cream you get good, rich cream, le kind that satisfies. More than Ice Create—A Food, lere's a Furnas Ice Cream Dealer Near You—If you Lon't know

Furnas Ice Cream Co.

Phones—New, 1568 Old, 39.

Rhrenriew Drive and 7th SL Lots

in Ratterree's Collett Park Addition on Seventh street, two blocks north of Collett Parl^ Only three lots left on Riverview Drive, and five on North Seventh street. Prices are low, terms are easy, with most desirable surroundings of gjny property around Terre Haute. Walk north on Seventh street to Ratterree's big sign, opposite Smith's flower garden,. turn west into the addition. Representative on the ground all day Sunday.

Prices $250 to $700

Ratterree Land Company

Who Ever Heard of

A Picnic

Without

Ice Cream?

Room 12, Terminal Arcade Bldg. j—

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Visiting Business Men at Miller-Parrott Bakery

MEMBERS OP THE CHAMBER OF COMMERCE OF INDIANAPOLIS PAY VISIT-TO TERIiE HAUTE INDUSTRIES.

ALBERT WILKINS.

The body of Albert Wilkins^ whose death occurred yesterday morning in Paris, .Mo., where he was visiting with relatives, will arrive in this city this morning at 10:40 o'clock and will be taken to the residence at 1545 Second avenue. Arrangements for the funeral have not been completed, but it will be^held Monday or Tuesday. "Bert" Wilkins had been in the employe of The Tribune for the past twelve years as engraver. Recently he gave up his work because of ill healtjh. He is survived by his widow, two small sons, one daughter, his mother, one brother, Harley, and a sister. Hte was a member of the Claude Herbert camp, Spanish War Veterans, fnd the Loyal Order of Moose, and the Modern Woodmen, of America. The Spanish' war veterans will be in the tfnr

funeral services.

BENJAMIN MEADOWS.

Benjamin Meadows, 36 years old, d*ed Friday night at Madison, Ind., following a lingering illness. The body was brought to Terre Haute

By Special Correspondent. JA.^ONVJLLE, Ind., July ].—Mrs. John Jeffers died at her home inisouth Jasonville this morning following a five-year illness of Bright's disease. She was a daughter of John Lawton of Center Foint, Ind. The funeral will be ,held at M.iddleberry, Ind., Sunday morning and interment will be at the Zink cemetery.

MRS. MARGARET E. CALDWELL. By Special Correspondent. PARIS, 111., July 1.—Mrs. Margaret Ellen Caldwell, 75 years "old, died at 5 o'clock this morning of a complication of diseases. She is survived by six children. Funeral services will be held at 4 o'clock Monday afternoon at the residence. Burial will be in Edgar cemetery.

FRANCIS JANE BOODY.

By Special Correspondent VINCENNES, Ind., July 1.—Mrs. Francis 'Jane Bo'ody, who died suddenly Friday morning as a result of heart trouble, at her home, on Burnett heights, will be buried in the» city cemetery Sunday morning. The funeral services will be preached by Rev. J. W. Comfort at the residence.

INDIANA GUARD TO BE ON WAY MONDAY NIGHT

Continued From Page One.

side from the line of 4.7's would beat out Juarez. The two large armored trucks, equipped with machine guns and carrying a number of soldiers, figured in several sham charges across the parade grounds at Fort Bliss. Army officers were highly pleased with the test.

Severail militia specials from the east were expected to arrive here this evening. Three camp sites close to Fort Bliss and Camp Cotton, where 3,500 regulars are quartered, have been cleared of mesquite and cactus in anticipation of "rookies" coming. Tent cities may grow up over night. The movements of the militia are hiding behind an official silence amounting almost to a censorship. Gen. Bell, however, expected all the Massachusetts, Pennsylvania and New Jersey units to pour in during the night.

The arrival of Fort Sill artillerymen lead to premature reports that the national guardsmen had pulled In.

Regular army men who will have the militia in charge today planned a strenuous campaign to convert the comparatively poorly equipped and untrained militiamen into .an efficient fighting force. As soon as the new arrivals become accustomed to the broiling sun and high altitude the men will be given the training of regular enlisted men, but even more of it.

The plans call for long practice on the rifle ranges. The men will be taught1 to shoot. In all the various branches long marches and ^hort forced marches will be taken frequently to condition the men physically for possible Mexican service. Their comforts will not be overlooked. Plenty of food in Variety, camps scrupulously clean and sanitary, and every facility for corresponding with the folk back home will be provided.

Stock Alf Gone.

"Madam/ could you help a poor man what ain^ had nothing to eat lately?" "What did you eat all winter?!' "Snowballs, mum."—Louisville Cour-ier-J ourn -4

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taken to his home, 1323 North Fifth street, where the funeral will be held Tuesday morning af 10 o'clock. The deceased had- been an employe of the v anualia railroad shops for thirteen years. He is survived by the widow, formerly Miss Blanche Jinkehs three daughters, Dorotha, Carolyn and Rosalyn his mother, three brothers and a sister.

HARRY E. RYMAN.

The funeral of Harry E. Ryman, 51 years old, who died Friday morning at his home in Honey Creek township, six miles south of Terre Haute, will be held Sunday morning at 10 o'clock from the residence and the burial will be in Hull Cemetery.

MRS. JOHN JEPFERS.

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-I£RRE HAUTE TRIBUNE.

TEUTON LIS YIELD BEFORE RID OFFENSIVE

Continued From Page I n*.

rush of England's new armies. An unconfirmed report early tonight said the srongly fortified town of Fricourt, a most important element in the German defense, was also captured in this afternoon's fighting.

The latest previous advices said that Fricourt was' entirely cut off by a British force that occupied' Mametz and that desperate hand to hand fighting w&s going on at that point.

French Co-operate.

FreVich forces co-operating with the British in the tremendous offensive, captured the town of Curlu and the surrounding woods and the Savier wood. The French advance late this afternoon w&s estimated at more than two miles.

The British losses thus tar have been extremely light, considering the nature of the offensive. The enemy losses or the number of prisoners cannot be estimated at this time, but in .the engagement at Mabetz alone, late this afternoon, the British brought in 1,500 captives.

The thunder of cannon apparently increased* rather than slackened as the day waned.. /In the twilight tonight the horizon north and east is lighted by the dull glow of burning villages, only party obscured by great clouds of dust and smoke. ..

The British are .pressing their advance home without a moment's lull. •At no point thus, far excepting east of Montauban have the Germans attempted successfully to take a stand. L'riven out of the village .before noon tcday the Germans launched a fierce counter attack on the eastern outskirts this afternoon.- Hundreds of German troops wete

sacrificed in an

attempt to recapture the ruins of the town and break the British rush. The attack was repulsed with bayonets. Tonight the British were again making progress east of the village.

Germans Mowed Down.

When last reports were received at headquarters another British force was battling furiously at Beaumonthamel, north of Fricourt. The first batches of prisoners, many of them made halfconscious by +,he terrific British shell fire, were' questioned late this afternoon. They were still suffering from the effects of the shock.

Whole companies of Germans were wiped out when the British fire reached the climax of its intensity, tiiey" reported. Mangled bodies, blown in wire entanglements and great piles of-dirt ploughed up by explosive shells filled the German trenches that did not escape destruction. •A pitched air battle between a Brit* ish raiding fleet and a squadron of twenty Gerrrtan Fpkkers occurred over the British front today, while the British offensive was under way.

The British air fle'et, returning from a raid on the railway station at Lille, was attacked by the Fokkeris. Two ofa the Fokkers were shot down by ma-" chine gun fire. The British machines returned safely.

Germany Confident.

BERLIN, July 1.—German military critics admitted tonight that the British probably will be able to force back the German line to a certain extent in the offensive inaugurated this morning. "In all offensives some ground must be won," declared an army officer. "But there is no reason for any lack of confidence in' our ability to. hold main western ljnes."

STEAM ENGINEERS ELECT.

Rename All Old Officers to Serve Another Year. T^ie members of the International Union of Steam and Operating Engineers met in regular monthly session last night in the C. L. U. hall and reelected the officers of the past year, including President Henry Cunning, Vice President Geo. Seng, Recording Secretary Chas. M. Swain, Financial Secretary Thomas A. Manning, Treasurer Clarence Powers, Trustees W. B. Bruce, A. B. Ellyson and George Seng. Following the election routine business was discussed.

JUNIOR LEAGUE CHAUTAUQUA.

Will Open Tcday At the Maple Avenue M. E. Church. Maple Avenne M. E Church Junior league will open its Chautauqua today, and programs will be given each S'unday morning- for eight consccutiv6 Sundays in the church Sunday school room. Today's program will be und# the direction of Miss Marion Hartaughl The Chautauqua will be held at 9:30 al m., and the program includes musici by the league orchestra of seventeen pieces, song by the league, piano solo by Miss Blanche Rippetoe, and an address by Rev. A. E. Monger.

HR READY FO

pontinued From Page One.

States troops were being driven north by the defacto government forces. Refugees who brought- the reports north to the American lines today stated they fled Namiquippa, fearing harm at the hands of the Carranzistas for having been friendly to the Americans during their occupation of the territory. Members df the Namiquippa home guard, who aided General Pershing's men in unearthing caches of Villista arms, were among the refugees who sought protection in the American lines.

The redistribution of Pershing's forces is about complete for the present, and no immediate further shortening o^Jiis lines is contemplated, according tj advices tonight. The aeroplane at/ his headquarters^ is being used steadily for scouting, replacing

Wyou

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Also remember Firestone Truck Tires afford independence of hauling difficulties.

"No tax" worth mention for repairs because of Distributors for Firestone Tire and Rubber Co., Akron,

Hats for the Feurtli

A Sale oi Sport Hats Worth $1.95, $3 and $4, Monday Only..

—There has never been a season just like this for-sport hats— —And we question whether there will be another siic display of sport hats this season— —Here are—Lisere Straw Hats—Cretonne Hats—^ Striped Silk Hats—Silk Jersey Hats—Rajah Silk! Hats—Wentchow Hats—Hemp and Lisere.

cavalry patrols and avoiding danger of a clash with advanced patrols of Carranzistas.

The border patrol here was spurred to activity today by reports that a small body of Carranzista soldiers had crossed the border into New Mexico. No trace of them was found, however.

Numbers of cavalry remounts are being trained at the Columbus base by a squad of dare-devil cowboys. Every session developed several wild or unwilling horses and the resulting exhibition of riding equals a frontier day's celebration. Training of the horses finished, they are sent in batches to replace the American mounts worn out in Mexico.

BIG FOUR ENGINEER HURT.

8uffers Injury In Leap As Engino Sideswipes Boxcar. David Price, an engineer on the Big Four lines working in" the Duarte yards northeast of the city, was severely bruised and scratched last night about 9:30 o^clobk whepi he jumped from his engine as it aideswiped and turned over a boxcar on a siding. Dr. T. W. Moorhead was called to attend the man, a.rd ordered him to the St. Anthony's hospital in the Ryan ambulance.

tidence Trouble

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"No tax," comparatively, for car or truck upkeep because of Firestone resiliency, which protects the machine and gives maximum road grip with traction and economy of gasoline—Most Miles per Dollar.

Cole Auto Company

O., "America's Largest Exclusive Tire and Rim Makers."

WNDAY, JULY 2,

SCOURGE CLAIMS 12- MQR||

Infantile Paralysis Corttf,nwes|to Spread In New YorkvrL NEW YORK, July 1.—Infantile pa& alysis caused twelve more deaths vi| Greater New York within theVl^st 21 hours. Fifty-three new cases| wef reported. The scourge has $l{iim« fifty-nine lives since last SafordXgB while from January 1, until that'fimSB there were only seventeen (3etf$hWg Since the spread of the diseaste^pateiaB medicine concerns have sent qlrculkrW broadcast, says a warning by thevdfe'* partment of health., The depart^® is taking steps to prevent any ddm mercialization of the epidemic.

DEUTSCHE VEREIN BOAT REDEh About 250 members of tho Deutsclfj

verein are expected to attehd th| fourth annual boatride today, 16aviiij at 9:30 o'clock this morning an turning about 5 o'clock this ev,en The Chris Stork orchestra wlirfurni music duriiisr the trip, and refres ments will be furnished during thi The party will stop at Fern par. dinner: The arrangement committee* composed of A, Kempe, O Necker,A Zopf, J. Garing and Carl Bartenbafe