Indianapolis Journal, Volume 51, Number 199, Indianapolis, Marion County, 18 July 1901 — Page 4

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TIIE INDIANAPOLIS JOURNAL, THURSDAY, . JULY 18, 1901.

T1IK DAILY JOURNAL

THÜRS rY. JULY 1. Ifloi. Tclcplone Cnlla (Old nnd Net.) Fuslne OfTTee I Elltortal Rooms.... ti:rms op m psntiPTioN. Ey CARIiinP.-INDIANAPOLIS and SUnURDS. ral!r. FunUr lr.-!u!el. 3 reit pT month. ril!v, without Sun-hy, n cents ier mont!.. tSr'ay. without '.Uly. 12 0 pr year. E:r.g: copies: laily. 2 cents; Sunday, 5 cents. BY AGHNTS K VERY WHERE: Tally, per rlt, H cents. Dally, un.lny Irrl-lei. r?r week. 15 cents, fcunclay. jer Uue. S cent. nr mail iT.nPAiD: Duly edition, en- yrir J" Iüily tend Sunday, year fcur.day only, one year -w IICDUCED RATES TO CLUDS. WffLly Edition. Cr wrjr, on year cent Five cents per mor.th for .ertods les than year. No subscription taken "for less than three month. REDUCED RATES TO CLTTD3. Eubscrlbe with any rt our numerous agents Of end subscription to the JOURNAL NEWSPAPER COMPANY, Indianapolis, Ind. Ferson sndlr.c the Journal throuirh the mall In the Urlte.l Stute should rut on an elf-ht-r Trr a ONE-CENT potae stamp: on a twelve er slxteen-pare paper a TWO-CENT postaa tamp. Foreign postage Is usually doutla these rate. All ccmmunlcjitlor. tr.tnled fr publication In this paper mut. in order tn rcelve attention, be accompanied by the Lama and address of taa filter. ' Itejeeted manuscript will not V? returned unle pote;e I lr.c!-e1 for that purpose. Entered second-class matter at Indianapolis. Id.. ijtofT.ce. THE INDIANAPOLIS JOrilNAI Tan be found at the following places: NEW YORK Astor House. CIIICACO ralmer House. P. O !wp Co., 217 Dearborn street. Auditorium Anntx Hotel. CINCINNATI J. R. Hawley &. Co., 1S4 Vlns street. X.Oi;isVIME C. T. Deernr. northwest corner of Third and Jefferson streets, and Loulsvuis Rook, Co., 2i5 Fourth avenue. ET. LOUIS Union News Company, Union Depot. WASHINGTON. T. C-R!ggs House. Ebbltt Ho'JM nnd WlUard'a Hotel. perfecting press for salk. The Journal has for sale, at a great bargain, one of Its two Hoe presses, which have been In use for a number of years In printing the Journal. It la now being replaced by n large mo. lern, double-supplement Hoe press of a capacity commensurate with th- growlnR needs of the paper. The press that Is for sale can be bought at a very reasonable figure and Is ready lor shipment at once. It Is In excellent condition and will Rive years of good service ta some newspaper desiring to use a perfecting pre?.. The purchase price will Include a Jenney motor, direct connected. with which it has been run for the past three years. This is a great Improvement over the old system of running a press by lelts and is a good saver of power. Correspondence Is Invited on this subject from any Interested publishers. Notice to Tourist. Subscribers leaving th city for a period during th summer can have the Dally and Sunday Journal mailed to any address in the United States or Canada t. Ithout extra charge. The address will be changed as often as desired. Both telephones 233. King Corn, if general rains shall come, can do more to stay the decline of railroad stocks than all the Morgans, Rockefellers and Hills in the country. A prominent Virginia Democrat says of the action of the Ohio convention, "It did not kill Bryan, because he was already dead, but It was a splendid epitaph." If Chairman Logsdon has evidence to convict a Democrat for voting In a Republican primary, after challenge, he can render decent politics no higher service than to proceed with the prosecution of the man at once. Mr. Daller, In-a statement printed elsewhere, objects to criticism of Council's action in relation to Interurban franchises. His objection, however, Is not likely to put an end to criticism of that body unless it mends Its ways. While it is true that the pension appropriation for the fiscal year which ended June 30, as not quite expended, it Is a fact tin', the expenditures for penrlons were JO.'.. greater the past year than during the fiscal year Um). The acceptance of unions of colored workmen by President Shaffer, of the Amalgamated Association, marks a new departure In reference to that race by leading labor organizations. This action seems to Involve groat possibilities for colored labor. Thos who are speculating on extensive Injury to the corn crop should remember that corn Is a plant of tough fiber, that It thrives on heat and has great recuperative powers. It has happened many times that the corn ha recovered from seemingly fatal Injury. J. rierpont Morgan is credited with mashing two or three panics which Wallstreet speculators had arranged. Heretofore the great financiers like Jay Gould have precipitated Hurries. In this respect Mr. Morgan Is a great Improvement upon his predecessors. Several Democratic papers which have not been ardent supporters of Rryanlsm are criticising Mr. Watterson for "rubbing It Into Mr. Bryan" as he does. Do let Mr. Watterson march his "Democratic columns above the hill top" as far above as he desires. There should be some cheerful feature about the funeral. Because people admire nerve and willingness in an executive to assume responsibility they will applaud Mayor Harrison, of Chicago, for ordering a horizontal cut of 20 per cent. In the expenses of every department of the city government, in order to enable the city to moot its liabilities. A the mayor'3 party 1 responsible for the deplorable condition of the city's finance. the public have a right to look to him fr a remedy. The rain which extended over a large part of Indiana yesterday and last night was as timely as rain could bo. Whiio more is needed, the fall of the last twenty-four hours will 1" worth millions to the farmers Of Indiana and to the b:ines of the fctate. The drought once broken, frequent ruins rn.ty be expected. The reports from ether parts of the country where rain was even ir.ore nell than here Indicate that there has been sufficient In mo.st localities to restore ti e tailing cruris for a. time. Charles A. Towne, who left the Republican party en the silver Question In I;;;, und who was the mo-t sought-for Bryan orator Ust year, has been on the prophetic tripod In New York. "Free silver is abolutely dead in the West, and It will not be an lsu In 1M," said Mr. Towne In New York, where he Is lelllny the stock sind bonds) of his oil octopus to his fellowplutocrats. Piously, Mr. Towne adds that God in III wise providence has provided

a vast increase) In the supply of gold, and to-day there is more money In the country than there would have been If the gold supply had remained stationary and the mtnt3 had been opened to th? free coinage of silver." This Is an ad mission of the most biilllant silverlte In the land that Provldcnc ins been against him and h's friends, but he could have seen In lSr" that the output cf gold was rapidly Increasing from year to year. Mr. Towr.e predicts that Governor Hill will be the Democratic candidate for President In K01 on a very reactionary platform, and that Mr. Bryan will lead a third party faction, supporting issues to which he is loyal. "As for the Democrats of th West. thy do not care a rap," says Mr. Towne, "what sort of a platform thy win on." When did they? nipoitT.wci: of thc pimmaiuf.s. The Journal takes no stock In the predictions of those who declare that no good can come from the primary law. It is the purpose of the city committee to have the primaries of July 23 conducted as carefully as are general elections, with the exception that thre will be no booths In which to privately mark ballots. The reason these are not provided is that It would cost several hundred dollars which Is not In the Republican committee's treasury. Rut when a voter Is given an opportunity to mark a ballot without being watched or seen by any othr man, the essential features of the secret ballot are obtained. There Is the same opportunity to challenge voters as In general elections. No man can vote until his name and ren.der ce are recorded. The penalties for fraudulent voting In primaries are the same as are provided In the general election law. Now, can any sensible person say that a primary held with such safeguards, with the polls open nine hours. Is not a vast improvement over a primary held under the old system, In which It was impossible to challenge any person offering to vote, with no record of those voting, but a crowd of men rushing by a ballot-box or hat nnd voting, the polls being open fifteen minutes? Wholesale fraud by voting men In precincts In which they do not live and by voting Democrats in Republican primaries can be prevented by the law as it will bo enforced in Republican primaries. This has been the evil in the past. The Republicans In the different precincts will make the nominations by their votes. If Republicans who desire a good board of councllmen will attend and pick the kind from the names presented for councllmen at large and from the wards, a good Council can be secured. If, however, those Republicans who desire better things neglect to go to the primary or do not take an Interest to Induce others to go, they abandon the field to a small minority of men who have interests of their own to serve. The present law Is not what the Journal desired, but the best law that reformers could devise will not Insure good results unless the men who desire good government do their duty at the primaries. Those who are for a better Council must examine the names of candidates and unite In support of the best. It Is already reported that a few aspirants are employing "helpers" to bring out a vote for them at the primary. The candidate who has the assistance of a considerable number of such "helpers" is putting out money which no man can afford to do who seeks a place in the Council. In most cases the money is contributed by men who desire to have friends in the Council. As a rule It will be well to seek out the candidates who have ardent canvassers who are known to work for pay, and defeat them. It would be something -of a change to have a Council for Indianapolis as a city rather than for interests which are not those of Indianapolis. OIK FIXAXCIAI I.MJFPKXnFNCn. Referring to the recent sharp decline In American Industrial securities in London, Lord Rothschild Is reported as attributing It entirely to conditions on this side. As to the reported refusal of some of the London banks to make large loans on United States Steel Corporation stock, he said it was in accordance with the London custom not to advance large amounts on one class of stock alone. Every person can see the reason for such a rule. Lord Rothschild emphasized the fact that the financial situation In London depended entirely upon the United States. "If you send over good prices." he said, "we will keep them up, but if you are persistent sellers, as you have been to-day, you cannot expect London to go on buying. Everything, as I have said, depends upon the United States." He concluded by saying: "Settle your strike and arrange your railroad difficulties, and you will find London as willing as ever to support American securities." The most interesting feature of this expression from Lord Rothschild is the tacit admission, in fact, almost plain confession, that New York Is the financial center of whe world and that the price of American stocks depends on America herself. The great London financier as much as says that NewYork sets the price and London follows. If New York semis over good prices for American Industrials, London will keep them up. In other words, will follow suit, but If the New York market breaks Americans must not be surprised If the London market breaks also. This was what really happened In the present case, for the decline In American Steel stock came In New York before it did in Ixmdon. There have been many evidences of late that New York is fast becoming, if she is not already, the financial center of the world. Formerly, and fer a long time, this distinction belonged indisputably to London. If all roads led to Rome, In a religious sense, all financial roads led to the Itritish metropolis, whore were the greatest accumulations of capital, the greatest banks and bankers and the most far-reaching combinations for shaping the finances of the world. We used to be largely dependent on foreign capital nnd correspondingly subjoct to foreign dictation In financial matters. That time has passed. We could hardly have financed the civil war at all without foreign aid. In financing the war with Spain we never thought of asking for foreign assistance. Twenty-five years ago such a thing as a foreign luan being place! in the United States was never dreamed of.

Within a few years several have been place.l here. This change has come abut through the w)nderfi:l prosperity of the United States and the enormous Increase of wealth In the country. A few days ago the London Statist published figures showing that during the first six months of th year Pjl the trade balance in favor of the United States against Great Rritaln was ffSO.OOO.COO. as against K95.00C.CO0 during the whole of the year 1S)0. The Statist said: "It appears reasonably certain that we shall have to supply considerable gold to

the United States and that the value of money In London will advance." Such figures as these disclose the secret of American financial Independence. There Is a word of warning in Lord Rothschild's remark: "SotU your strike and arrange your railroad difficulties, and you will find London as willing as ever to support American securities." This Is equivalent to saying that while we have the financial game In our own hands we may lose or greatly lessen our advantage through our own folly. We cannot expect foreign capitalists to hold up prlcos of American stocks while we are fighting among ourselves. Iabor wars and railroad wars are poor promoters of credit. There Is a possibility that the farmers of Indiana may have to pay more for having their wheat thrashed this year than they have been paying In recent years. The thrashers are forming an organization to secure better prices and other concessions which they think they are entitled to, but have not been able to obtain in their individual capacity. "Heretofore," says a circular which they have sent out, "each thrasherman has been working alone and has considered every man engaged in the same business his enemy. The farmer has found it to his interest to foment strife nnd animosity, and In consequence prices are cut to pieces. So long as these conditions prevail nnd thrashermen remain apart there is little hope for a betterment of prices anl a legitimate profit in the business." The association Is incorporated under the laws of Illinois, but Is extending Its organization in this State as fast as possible in the hope of controlling prices for this year's work. Henry Loomis Nelson, who is a Gold Democrat, sees no particular hope for the Democratic party in the action of the Ohio Democracy or In any movement led by such men as McLean and ex-Senator Gorman. The really and truly good men who can reorganize the party are ex-President Cleveland. Richard Olney. John G. Carlisle, Judson S. Harmon, ex-Scnators Vilas and Caffery. There the list ends. Mr. Nelson seems not to have discovered that he was making a remarkable statement when he declared that the list of men mentioned are of opinion that they are the only men In the party who can successfully reorganize It because they have adhered to the Cleveland faith. One sentence of Mr. Nelson's Is worth attention. It reads: "Whatever else may be true of the political situation, this Is true there is no reason for replacing the Republican party by a party le1 by John R. Mclean, ex-Senator Gorman, Mayor Taggart, Id omne genus." It Is not always that a judicial decision Is strengthened by the reasons given for it, but that of Judge Leathers in the case of the Fifteenth ward election Inspectors is. He makes It very clear that in the performance of a special function committed to It by the state election law the Council Is not bound by a rule of procedure framed for the government of ordinary municipal business, and still less Is Its action subject to revision or veto by the mayor, "who is not even mentioned In the law governing the case." The Democratic contention that the Council had no right to name the inspectors because that is an executive function beps the question. If a state law authorizes the Council to do a certain thing it becomes a councllmanlc function, even though quasi executive. The Journal believes Jmlge Leathers's decision is good law.

It Is Impossible to conceive the motive of the News in alluding to the silence of the Journal in the proposed contracts for lighting the streets. As soon as the details of the enjoined proposal for bids for a contract were published the Journal opposed the scheme in an editorial. This editorial was printed on July 8. Of course. It is not claimed that the editorial was as able as that of the News which followed, but It was sufficiently explicit to show that the proposition ot the Board of Works was unfair and probably In the interest of the Home Heating and Lighting Company. Inventor Edison has Just obtained probably the most important legal victory of his life in a decision by the Unitel States Circuit Court In his favor against the American Biograph and Mutoscope Company. The decision sustains the priority of Edison's patents covering all kinds of moving pictures, and, with claims for back royalties. Involves a large amount of money. There does not seem to be rain enough to go around at present, but It Is being economically distributed In small lots with beautiful impartiality. PROM HITHER AND YON. At the Summer Hotel. The Smart Set. "She has a gooi voice, but she doesn't seem to be able to control It." "No; she sings whenever any one a?ks her." Tried to ltenllse It. Boston Tran'rlrt. Mrs. Poserlelgh (who flatters herself sh looks young) This is my daushter, Mrs. Slyder. I supi-se youM hardly think It. Mrs. Slyder H'm! Tour youngest daughter, I presume? Xot AMke. Puck. The Frofesor Don't use that phrase, my dear. It is gromly unclentir.c. His Wife What phrase "As much alike as two peas?" The professor Yes. Examined under the microscope, two peas will present startling difference. Deficient In Iiimfclnntlon. New York Weekly. Rilkins Your friend ScrlhMer seems to he always sh rt of funds. If his books don't sell, why don't you try him at ofT.ce work when ou r.eod a new mnn? Roomer No use. A man who can't succeed as a novelist hasn't Imagination enough for the rt-al estate butnes. A fJcntlr Correction. Washington Star. "You. sir." sflll the man with the h!rh brow and lofty air. "are nn!y a literary hark." "No." answered the patient plod'W; "don't all me that. You never se me petttrg four tims as muvh for a service as it's worth, with a tip thrown in. I am preiared to admit the justice of your remark s far as the Intention is concerned. Rut O.on't call me a hack." Objects) to Criticism of Council. To the Editor of the Indianapolis Journal: The editorial in this morning's issue, also the one in last Sunday's Journal, upon the visit of the Merchants Association to the City Council, were entirely uncalled for as criticisms, because, . so far as I am concerned. I thanked them for their time, also told them that we would be only too glad to have more of them come and advise with us; that this was- but the second time in two years when anybody seemed to take any Interest in the Council's work. The other time was Last year, when the Board

of Trade. Commercial Club. Merchnts Association. Insurance Men's Association and a special committee of the Council visited all of the Indianapolis fire engine houses, and. after a careful Investigation, these several committees recommended the improvements that are now being made, which, when completed, are expected to hold down Insurance rates and at the same time place our department on a footing with the best of th'm. Now. what is the result of this? Whv. everybody is howling, papers and all. ' It's as Mr. Messenger said to me at the meeting vou rfor to: "You are d d if vou do and d d if you don't. Ain't that it?" I said: "That is exactly it." Now, back to the interurlim franchise. In the meeting of the Merchants' Association I raised the point. What; effect would this contract nave upon the city should Mr. Charles F. Smith, who has a suit in the Indiana Supreme Court against the Indianapolis Street-railway Company, win that suit? Why should we have so many different kinds of contracts?' Why can't they all be made alike, especially In things that affect the masses of the people? Why cannot the Indianapolis Street-railway Company man -the interurban cars the same as they do the Broad Rirple line, and collect from the intersection of their tracks? The Anderson line his reduced Its fares by a . trade arrangement with the Indianapolis 'companv, which it about what we want, but would like to avoid the transfer of cars, if possible. I am a candidate for nomination for Council In the Sixth ward. If nominated and elected I shall try to serve the people In the future as I have don In the past. I am for tickets on all stree. cars. A. DALLER. Councilman at Large. Indianapolis. July 17. STARTED ASA SHIP'S BOY

EVENTFUL CAREER OF C. F. n. WAPPENIIANS, WEATHER OBSERVER. His Successor an Chief of Local Hureau Apyolnled-Esperlences In the Nary. Since the Weather Bureau was established It hns been the fashion all over the country to hold 'the "weather man" responsible for extremely hot or extremely coM conditions. v-This attitude presumes that the official 1 Immune from such affliction. During .the recent hot . spell many persons have read the weather forecasts of Local Observctf-Wappcnhar.s, in which he has until very recently denied promise of rain, and then have thought of him bitterly as if he had a malignant hand In the matter. A visitor to Mr. Wappenhans yesterday afternoon found him at his desk in the weather offices at. the typ of the Majestic bullding. Mr.. Wappenhans was perspiring; beads stood on hl forehead. His rooms were as uncomfortable as any other offices la the city. -J A On the last day of this month Mr. Wappenhans will cease'ta'be ln.xiharge of the weather bureuu. Before the end of the summer he will go to Europe. He will visit his two sisters 1n15crllnrhf re he was born. He will spend some lime at Carlsbad In the hope of repairing his health, which has not been good for some time. He expects to be away about a year, and then he will return to this city, which he looks on as his home, Willis L. Moore, chief of the United States Weather Bureau, issued an order yesterday that W. T. Blythe. superintendent , of ; the Iuislana Weather Bureau, shall tako. Mr. Wappenhans's place. Mr. Blythe Joined the weather service in 1S70. and Mr, Wappenhans commends him as an entirely capable official. He Is about fifty-seven years old, having been born at Ash Grove, 111., In 141. He Is expected to take charge at Indianapolis by Aug. 1. WENT TO SEA AS A BOY. "When I was nineteen years old," said Mr. Wappenhans to his visitor yesterday afternoon, "I went tq sea. Iy parents did r.ot w ish me to be a saJlQf.rUjit T was determined and they gave ru, L shipped from Hamburg on the American vessel Marion, commanded by Captain Sampson. I was a ship's boy and when we got to Havana, the captain handed me a book one day and told me to study navigation. He read along till he came to logarithms, and then he said, 'Here are some tables you wouldn't umlerstand.' I did umlerstand, for I had studleC mathematics thoroughly at school. From that time I took observations every day, whether or not It was my duty. "I never served on nny but an American ship. In ;I2 we were In China and hcanl that a war had broken out in this country ami that officers were wanttd for the navy. When we reached New York I enlisted. I was acting master's mate, then acting ensign and in 1n I was made acting master. I served with the Wt-nt lti4ian, the North Atlantic and the Brazilian squadrons. I never was in a big fight, but I remember an incident that was as exciting as a battle. "I was playing chess In the wardroom of the Idaho with Lieutenant '.Davis, son of Admiral Davis. Acting Master Rockwell was lying in a hammock nearby. A man crawled out the scuttle and cried out, 'The magazine is on fire!' I felt myself grow pale. There were three tons of powder in the magazine. I always kept valuable papers in my best coat, and I made a rush for them. Ensign Hooker opened the valve that was supposed to flood the space around the magazine, and we stuck n hose down, besides. No explosion came. Afterwhlle we made an Investigation. ' We fouml that the fire was above the magazine. We also found that the valve was defective and had let only an inch of water into the magazine. If the fire had been in the magazine, it would have been all up with us. "We had another-cJose shnve returning to the United State -at, the close of the -war. We were on the Huron. I teas lying on a chest. I felt the ship strlkeaomethlng and roll, and I was thrown off the chest. Not long afterward the time carh to pump out the ship. I looked down and saw that the water had risen nearly to'fhe fires. A little more and we should have sunk. I didn't succeed in getting into the regular navy when we arrived at New York. I had no political influence to support my application, and when the list came out my name was not in It. ENTERED SIGNAL SERVICE. "I went Into business in New York, and at the end of two years a friend told me that the signal service would establish a Weather Bureau! applied, for a position and obtained one.. I, was made a sergeant In the signal servicer and in 1S7T) I came to Indianapolis and have been here ever since, except four years I spent in charge of the Department of the Lakes, with headquarters at Detroit." The sight of a .few great drops of rain that spattered on the window ledge interrupted Mr. Wappenhans's narrative. He seized a sheet of paper and Jotted down the time. Then enme a low rumble of thunder, and again the observer made a memorandum. After a few moments an Instrument mounted on a redestal spok with a loud click. "It's catching the rain." said Mr. Wappenhans. nodding at the Instrument. "When I opened a little office at the corner of Washington' ond Meridian streets, thlr-ty-one years ago, we had only an Instrument to measure the velocity of the wind. Now we have Instruments to record the rainfall, the temperature and the atmospheric pressure. They all work automatically. There has been a great change and extension o? the virk. 1 have charge of sixty-two voluntary observers out over the State. They have Instruments loaned to them by the government nnd receive no pay. In summer thre ore ten extra observers scattered over the State, who report to this office once a day and are paid i'-' cents an observation. The obs-rvers out over the Stale make a weekly report on the condition of th crops nnd from these reports our weekly summary is m::de up. We send out r''.X, postal cnnls every six months." "You have never found tlm the work lacked Interest?" nked the visitor. "No." replied Mr. Wippenhans, "you see. there are two branches of meteorology, the theoretic.-! anl th practical. Europe has many scientists that probe all phases of science, and there are some such student's In Washington. Here we are engaged In prnctical mete orology warning the public of storms nnd forecasting the varied changes in the weather. You notice" Mr. Wappenhans smiied contentedly at the torrent of rain "my forecast of j-esterday has come true." He paused a moment, and then his voice assumed a matter-of-fact tone. "But these local showers will not bring much reJef from the heat; the high temperature hangs heavllr over the country, from Its southern limit to Canada." It is such unemotional and sure statements as this one that make the sufferer from prickly - heat aggrieved at the unshakable weather man.

POWER OF TBE COUNCIL

IT LIAS A t'TIIORIT Y TO APPOINT ELECTION INSPECTORS. The .Mayor of thc City Cannot, Under the l.nv, Veto the Council's Action. JUDGE LEATHERS'S OPINION HE CITES THE LAW IN SITPORT OF HIS POSITION. The? Election Commissioners at Once Notify the Inspectors to Get Their Supplies. Judge James M. leathers, of the Superior Court, yesterday decided that thc appointment of election inspectors for the special election to be held in the Fifteenth ward to-day was legal and In conformity with the general election laws and provisions of the city charter. He held that the appointments were not subject to the approval or veto of the mayor and that the Cty Council alone has the appointive power In such elections. The opinion of the court follows, eliminating numerous citations of authorities: "The Common Couneil of the city of Indianapolis met In regular session on the 17th day of June, 1001, and at said session Mr. Blllingsley, a member of said Council, moved that the Council proceed to elect by ballot inspectors for the special election of a councilman in the Fifteenth ward to be held July IS. h)l. and said motion prevailed. The record of the Council shows that thereupon three members of the Council demanded that Mr. Blllingsley introduce his motion in writing, as provided by the rules of the Common Council. Council thereupon proceeded to and did elect inspectors (who are the petitioners herein) for the several precincts of the Fifteenth ward for the purpose of holding said special election. That Immediately following the meeting of said Common Council said order or action of Council, which resulted in the election of the insiectors In controversy, was duly certlflel by the city clerk to the mayor of the city of Indianapolis for his approval, and afterwards, to wit, on July 1. 1901, said mayor vetoed iaid order or action of Council. The Common Council thereafter took no further action with respect to the so-called order fo vetoed by the mayor of said city, and the same was not thereafter at any time pscd by a two-thirds vote of said Council or by any vote over the said veto of the mayor. WAS ACTION VALID? "Was the action of the Council as shown bj the record of Its proceedings valid or was it Invalid? That is the question presented for the decision of this court. "The contention of the defendants is that the action of the Council was null and void and without authority of law, and in support thereof they Lay down three propositions. "First That said action of the Council was Invalidated by a violation of its own rules, then in full force and effect. "Second Assuming that the Council had the right to appoint the inspectors in question such action of the Council required the concurrence of the mayor. "Third That the power to elect such inspectors does not belong to the Council, but that such power is an executive function to be exercised by the mayor alone. "On the other hand, the contention of the plaintiffs is that the City Council had the power to elect the inspectors in question without the concurrence or approval of the mayor. Plaintiffs take the position that this power to elect inspectors has been expressly delegated to the City Council by the general election law. "Section 2. of the city charter, providing for the election of city officers, contains the following clause, to wit: 'Such election shall be held In conformity to and In accordance with the general election laws of this State.' "The same section of the city charter provides that the election officers of such city shall be a mayor, city clerk, police Judge and councllmen. "in order, therefore, to determine the manner of electing such city officers, it becomes necessary to refer to the general election laws of the State. Section 65 of the general election laws. Section L'61, Burns R. S., provides that 'When any town or city shall hold an election at any time other than a time of a general election, such election shall be held In conformity with the provisions of this act, except the duties herein required of the county clerk shall be performed by the town or city clerk; the duties herein required of the Board of County Commissioners shall be performed by the town trustees or Citv Council: the duties of the county sheriff shall be performed by the town marshal or chief of police and the rights of nomination of election officers by political parties shall be exercised by the chairman of the town or city committees of such parties, if any such there be." DUTIES OF COMMISSIONERS. "Among the duties to be performed by the Board of County Commissioners is the appointment of election inspectors. Section 62ai,third volume Burns's Revised Statutes, provides that 'Whenever any Board of County Commissioners shall designate more than one precinct In any township, it shall, at the June term of said board next preceding any election, appoint In each precinct in which no township trustee resides as inspector of such election, some quall fled voter of such precinct, who shall have been a freeholder and resident householder In such precinct for at least one year or I resident householder for at least two years next preceding such election. Such Boar.l of County Commissioners shajl hold a ?pecial session one week before each election and shall fill all vacancies that my have occurred In the office of inspector aid shall fill any vacancy occurring thereafter at any regular or called session of the board previous to the election ' "Election inspectors, therefore, net under and by ylrture of the state law and mal be - onsldered state officers. The provisions of the general election laws, so far as the same are applicable, are virtually incorporated into, and made a part of the citv charter. It is the rule that all consistent statutes, which can stand together even though enacted at different date? relatirsto the same subject, should be construed together as though they constituted one act. U here enactments separately made are read in pari materia, they are treated as having formed In the minds of the en acting body parts of a connecting whole though considered by such body at different dates and under distinct and varied aspect of the common subject. Such a principle is in harmony with the actual practice of legislative bodies, and Is essential to -ive unity to the laws, and connect them in a symmetrical system. "Such statutes are taken together and construed as one system, and the object is to carry Ir.to effect the intention. Where a statute is Incorporated in another the effect is the same as if the provisions of the former were re-enactrd In the latter for all the purposes of the latter statute' By an express provision contained in the city charter Itself the general election laws of the State. ?o far as applicable wer adoptel for the purpose of providing' for i subject matter not within the city charter .J'm0". 1S r lhr (ilV cnartr contains the following clause: 'No ordinance order or resolution shall become law. or 'operative, until it has been passed, enrolle.l and attested by tlu clerk and signed bv the presiding officer thereof and approved in writing by th. mayor.' 1 n "Section 21 of the charter is as follows 'Every ordinance, order or resolution of the Common Council shall. Immediately t,r,nn Its enrollment, attestation and signature ty the clerk and presiding officer thereof be presented by the city clerk to the mayor and a record of the time of such presentment kept by the clerk. If the mayor an. proves It, he shall sign it. and it shall become a law. if he does not approve It he shall return It to the clerk, with his 'objections in writing, within ten days after receiving It. and the clerk shall present the same to the Common Council at Its next meetli.g. It shall be the mayor's official duty to express in writing his approval or disapproval, as hereinbefore provided If for any reason the mayor falls to discharge his duty within the time named, by approving or disapproving the same, in writing, the same shall be deemed equivalent to a disapproval, and ia all cases of disapproval

by the mayor the same shall not become a law unless the body In which the measur originated, within thirty dtys after the time named for the mayor's action, again pass the same by a two-thirds vote.' "Section 21 contains the provision that the Council shall not elect or appoint any

person to any office cr employment what- J ever. j DEFEXDA NTS' CONTENT! OX. '"Counsel for defendants strenuously insist that If the action of the Council, in electing the Inspectors In question, did not rife to the dignity or solemnity of a resolution or ordinance, such action of the Council, upon the most generous construction permissible did constitute at least an order; and that such order required the concurrence or approval of the mayor, as provided In the section of the city chatter above quoted. "Defendants' counsel further argue that s-ald order for the appointment of the inspectors in question, having been vetoed by the mayor and not having been thereafter passed over said veto by a two-thirds vote of the Council, did not become operative; that the action of the Council was. thereby, invalidated, and that the petitioners herein, not having been elected Inspectors according to law, are. therefore, not entitled to receive the ballots and other supplies for the election In controversy. "The contention' of defendants' counsel does not impress the court as having merit. I am of the opinion that the appointment of the election Inspectors by the Council was not alTected by the veto of the mayor. The proceeding of the Council, at which the veto was aimed, was an election or appointment to office, and not a resolution or ordinance adopted In the transaction of the ordinary business of the Common Council. "In Achley's case, supra, it was held that 'when an act of the Legislature declares certain appointments shall be made by the Common Council, it means the Common Council only, without the concurrence or approval of the mayor.' The court says: 1 know of no rule applicable to the costructlon of statutes which would authorize such a reading of that now under consideration so as to require the co-operation of any other body. It seems to me that the power of appointment is conferred by the laws exclusively upon the Common Council, to be exercised by them, irrespective of the concurrence or nonoccurrence of the mayor or any other functionary.' "The exercise of the power of appointment to office is a purely executive act; and when the authority conferred has been exercised. It is final, for the term of the appointee." After many citations of authority the decision continues: "But defendants' counsel further argue and Insist that the action of the Council in the election of the inspectors was invalid because of the express provision contained In Section 2i of the city charter, namely: 'The Council shall not elect or appoint any person to any office or employment whatever.' A LEGAL CONFLICT. "Assuming, for the purpose of argument, that the office of inspector is an office or employment within the meaning of said section of the city charter, it Is evident that this section of the city chart r is in conlllct with the provision of the general election iaw, already quoted, which empowers the Common Council of cities to appoint election inspectors. "Construing the said conflicting provisions of the two laws together, for the purpose of gathering the intent of the Legislature, it seems to me the only reasonable construction Is, that the City Council has the power to appoint election in spectors, and that such power must necessarily constitute an exception to the general provision contained In Section 26 of the cnarter. "Another express exception to this general provision of the charter has been referred to by plaintiffs' counsel, and that is the power of the Council to elect councllmen at large irj the event of a vacancy in such office by death, resignation or other cause. "It is necessary that elections be held. Inspectors must be appointed. They are the vital parts of the election machinery of the State. "Defendants' attorneys Insist that the power of the Council to appoint Inspectors, if they have such power, must be subject to the veto of the mayor. It would necessarily follow, after a veto by the mayor, that no inspectors could be elected by the Council except by a two-thills vote thereof. It can readily be seen that such a situation might occasionally arise as would render the appointment of election Inspectors by the Council difficult, if not impossible. If one political party had a bare majority in the Council and the mayor was not of the same political faith with such majority, it can be conceived that a deadlock might ensue. I believe, therefore. thU the construction of the city charter. Insisted upon by the defendants' counsel, would lead to consequences which are mischievous and absurd. "It is true, as asserted by defendants' counsel, that the framers of our city charter endeavored to organize a plan of municipal government, with our state and national governments as a model or pattern. In their minds the departmental idea was supreme and controlling; but the Legislature, however, has the power to delegate to the Council executive functions. The duties of a City Council are not necessarily of a legislative character. The power of the Council to fill vacancies, when they occur In the office of councllmen at large and to appoint election Inspectors are executive functions and are, therefore, not subject to veto by the mayor, and do not require his concurrence or approval. The charter provides that the mayor shall perform only such duties of an executive or administrative character as may be prescribed by law, and the mayor's executive power is subject to this express limitation. TIIE SPECIAL LAW. "It Is also true, as stated by defendants' counsel, that the provisions of a secial law will prevail over those of a general law. If we consider the city charter as a special law I know of no provision therein authorizing and empowering the mayor to appoint election inspectors. If the city charter did contain any such provision of the character I have stated it would certainly prevail. "It Is further contended by the defendants' attorneys that the action of the Council was rendered invalid by reason of the failure of the Council to comply with the rules then In force governing such body. It Is true that a Council must adopt rules and that such rules govern and control all proceedings of the Council. They cannot be Ignored or set aside, but must be pursued. It Is conceded that the motion of Mr. Blllingsley that the Council proceed by ballot to elect Inspectors was an oral motion. The rule In question is as follows: 'Every motion shall be reluced to writing, except to adjourn, to adjourn to a day certain.' and after mentioning several other exceptions the concluding clause of the rule is: 'And every other motion not so reduced to writing shall, upon the objection of any one member, be considered out of order.' This rule. I take it. is not a hard and fast arbitrary rule, but the same was adopted for the convenience of the Council. A motion that should be reduced to writing in accordance with such rule is out of order only after some member has made objection. The apparent purpose of the rule Is to give any member of the Council when any motion Is Introduced therein the privilege of insisting that such motion shall be reduced to writing so that he may know precisely what it is. It shall thereupon be out of order until It has been reduced to writing. After an oral motion has been carried It Is then too late to raise the objection that such motion was not reduced to writing as required by the rule. The record of the City Council clearly shows that the motion In controversy was not made until after the same had been adopted by the Council. But I do not be. lleve this contention of th defendants' counsel has much merit. I am not incitn-l to believe the rule in controversy was of such a character that a failure to comply with the same would Invalidate the action of the Council. The onler for the appointment of the election lnqectors was duly entere! upon the reconls of the City Council, signed by its presiding officer and duly attested by the city clerk: but It is not necei.-ary for the court to leclde this question. Inasmuch as the record cf the Council shows the objection was made after the motion had been carried. "I shall not take time to refer to the; cases cited by defendants' counsel, l think it will be conceded that. In shch cas , the action taken by the Council, whether toorder, resolution or ordinance whs strictly legislative in character an! was. thereto! e, subject to the veto of the mayor. "I conclude, therefore, that th City Council had the power to elect the inspectors in question, who are the petitioners in this case, without the concurrence or approval of the mayor, ami that such action of the Council Is not subject to the n ayor's veto. "I conclude, therefore, that petitioners are the duly and legally appointed inspectors for their several precincts for said election to be held In the Fifteenth ward, and that said plaintiffs are entitled as such inspectors to receive from the Board of Election Commissioners the printed ballots and other supplies required by iaw to be

furnihed. and that a a Id plaintlf?: are entitled to the Injunctive relief prayed for." SECURE THEIR SUPPLIES. Immediately after the decision Election Inspectors Merri'.l Moor- and W. W. Spencer and City Clerk Ccklr held a conference and Inter noti:l the Insjctors that election .supplies would be f uni-he-f by calling at the office -f th- city clerk between th hours of 5 and 7 o'rlxk ves- , terday evcnln.z. The Inspectors were" on hand and received th.-ir supplies, riul will be ready for the election wt.en tr.e poll open to-day. The Inspectors w no brouKht the suit were Charles Warrington. WlllUm Hillman. IOuis C. U.M. sr.. ;. Adolph. Wurgler. jr.. Amer Funk. Alam lie man. Ceorgo H. Drechel. Ji.- ph S vfrie 1. Justice Wet5ter. William Morgan and William Svendf-en. At the meeting of the Council Mondy nitrht several changes were made in ths appointments, the new lnpectrs bir. Flshel Robinowltz. third proeir.rt. Instead of Louis C. Heid, sr.: Joseph Soyfrle.l. eighth precinct, lrr-tend of (ieorge H. Drechsel; John J. Harrington, ninth precinct, instead of Joseph Seyfried. and James W. Hudson, eleventh precinct, ir.steal of Henry Hudson. It whs learned that the chants were necessary because some of the former appointees did not live in the precincts. an1 the name- of Henry Hudson should have been James W. Hudson. Judge Leathers's attention was called to these chances, and the order was amended s- as to Include the new Inspectors. Deputy City Attorney Bell says the case will be appealed to the" Supreme Court. OIL FLOWS LIKE WATER 4

31. M. BBK.UT TALUS OF THE TEXAS OIL FIELD AS IT IS. Wells Will Produce sc c,( o Ilnrrela a Day Poor Land Onncra Mntle Suddenly Wealthy. M. M. Bright, from the bonanza oil country around Beaumont. Tex., registered at the De-nlson House last evening and will be In the city the rest of the week. He represents the German-American Oil Company, and Is making a trip through the South anl Middle West. selling stx"k In his company and the oil proluccd by his company's wells. He is especially making an effort to induce large factories to adopt oil as . the fuwl under their bd!ers and to make contracts with his company. '"The companies thai own the wells in ths oil country of Tex is." said Mr. Bright last night, "are now trying to tlnl a market for the eil. There are thousands ami thousands of barrels of it stored in tanks, and more tanks are being built as fast as possible.. Betides, many of the wells hive been capped awaiting the time when the eil can be sent to market. A pipe line has been built from the Beaumont field eightten miles to the coat. Fortunately, theie is a deep-water harbor on the coast at that point, and tank boats can be loade.l mere. Oil Is now being shipjcd to New York and to Europe, but not in large quantities, for the buyers must be satisflet that the Texas oil Is profitable, and it takes some time to make the tests. "Thc Texas oil stands low among the highly Inflammable oils, and for this reason it can be used for fuel just it comes out of the ground; it requires no refining. The Southern Taclflc and the Santa Fe railroads have come to the conclusion that there is enough oil in Texa: to warrant their making their locomotives oll-burums instead of coal-burning. This opens up a ast market for Texas oil. The railroads will bulla tanks along their lines. A locomotive will use three barrels of oil to every ton of coal. VASTNESS OF TEXAS FIELD. "Tne wells that now exist In the Tex. oil field vill produce isOO.ooO barrels of oil a day. That Is more than Is produced in all the other oil fields put together. . The world has never before seen anything like the oil wells of Texas. The Haywood Company has an eight-Inch well that runs lV,,Xi barrels of oil a day when It is open. When that well was sunk the oil shot up into the wir more than 212 feet in a solid column eight inches In diameter. It was a great sight when it first spouted. The oil was caught by the wind when it reached its height and came back to the eartn in a spray. . "The eluffey OH Company, which was the first on the groun.l. now has right wells that run 70."0 barrels a day eah. The vulue of the oil is. roughly. cer.ts a barred, so each well Is worth $3.O"0 a day. Some of these wells are capped, and. as I said before, the maiket for the oil. is Just opening. wj the owners of the wells are not getting their money out of their propel ty yet. "You must remember that It was only last January that the bonanza was discovered. North of Beaumont is a lake called Sour lake. Jas bubbled up thr.mgh thc water, and. taking this h a sign, sveral pel sons sunk wells there. A geologist named Luc a decided to pros;ect outh of Beaumont, where thete wero also signs C'f oll. ll sunk mmc wells, and when oil showe.l up he biased the ground. He then ma.ie a proposition to tiuffey and Galey. two Pittsburg oil men, that t'.iev should take on his leases and give him a tenth Interest In the product. This they did. PEOPLE SEEMED MAD. "My company has wells at Corsbrana, about four hundred miles from the Beaumont field. The Corslcana oil country has been worked for years. When I got word that a well that flowed 10.000 barrels a day had been sunk at Beaumont. I took a train for that place Immediately. I expected to see a flve-hundred-barrti well, und that would have been a phenomenon, for the average flow of a well U ten barrels a day. When I saw the Luca well throwing up a nunster column of oll 1 rtlmated that It was giving out more like fifty thousand barrels than Ave hundred. 1 opened un office and began to lease ground immediately. "Well, wiihln twenty-four hours people hegnn to pour Into Beaumont In a flood. The town had about 1 l.OoO people, and WithIn three days there were twenty thousand strangers ho-. Everxbody -eo,ed mad. I s;iw men running through the ntreets with wa.N of money so large- that they hnd to lejjtl them In both bnn!s. begging lnd own is to lese ir sell to them. Alound the Gl'ffey-c laiey field the valut of lanl went up from $:'.V) m aci to tl2).!X an acr. That country Is n.t a grenl cattle raUlne tract and most of the larxl was In '-a ere farms. Land owners tbet bad be-en p vrtv slrlcken . in. rich fi a clay. 1 knov one man that hud a tenlore fU-hl come distance from Beaumont. He Is an Imttlid. an! whs a rilioud utf-nt at a way station. He barelv made a living. He oId his field for f.. im t. "It Is no wonder that speculators were willing to pa any price for land, tor one of the Texas guhers Is worth a million !!- lars, prospectively. The well driving cntractors also have been mab rih. As soon a oil tegHn t- pour out of th- gioun 1 thev advanced thlr rates until they hd the-n up to Jll a foot for borlriK. The Jemand for machinery wa far gre.iter than the supply, and men that hai tigs were masters of the, situation. Wages fir wot kingmen and for carpenters to build tanks have one up. The w.;!e of B.-:,unjont bullt ihel and put up tents snl charged II a night for spare enough to i leep on. "STANDARD ' CI TS NO FUTURE. "There are many report? about the Stand ard Oil Company's part In the deaM-ix nl Beaumont. I do not b lleve the Standard has much if any hoM there. Comlltioni there llffer vastly from conditions in otlur oil fields of the country. The Standard controls the refineries of the country, but this gives It no Ivantaee at Beaumont, be ciuse th" T''Xas "ll do ri't need to t" refirrcil. The Standen! li.is beer able to control other oil r ids hecius- It his controll.d railroads when It has wlhed The owners cd the Texas rl!s io not !.. 1 i.n;r.i(N to cirry their pro!u''t. t''.iu?-e of the pipe-line to the coast. Tin re l no langer of the Stan-lard -":npany getting Its clutch on the nn'.t ships, because the, ships can b built w hen they aro nee led, ami. besides, tank ships from fnrcisn cnin tries can be losded there. The Standard Oil Company will cut no figure at Beaumont unless it can buy up all the wells, nnl that would be a big Jab. even for th Standard Oil Company. Millions of ac-es of Texas lard have been leased by oil prospectors. Where. er there U an indication of oil there Is a ruh for the land, not only near Beaumont. bit all over the State. Tb-re are thouanl wells at Corsican sr.d hundreds of welia are being sank farther south-"