Indianapolis Journal, Volume 53, Number 27, Indianapolis, Marion County, 27 January 1903 — Page 4

THE INDIANAPOLIS JOURNAL TUESDAY, JANUARY 27. 1903.

THE DAILY JOURNAL TUESDAY. JANUARY 27. 1903.

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WASHINGTON. D. C Rlggs House, Ebbltt House, Fairfax Hotel. Willam Hotel. DENVER. Col. Loulhaln & Jackson, Fifteenth and Lawrence streets. DAYTON. o:-J. V. Wilkle. 33 South Jefferson street. COLUMBUS, 0.-Viaduct News Stand, SSI High street. The Missouri Senate has 110 clerks and the House 116, for which the State pays J60.0C0 for the session, or more, says the Bt. Louis Globe-Democrat, than the Missouri militia has received In four years. Both parties, says an exchange, are mak ing plans for banquets on the anniversary of Lincoln's birthday In Columbus, O.. but only such Democrats as ex-Representative Lentz. Hearst of New York and Tom L. Johnson would have the cheek to claim polftlcal kinship with Abraham Lincoln. All of the preser!t contracts at the .Re formatory were made by the old board, and the Reformatory law of 1S37 says: "The board of managers shall carry out all contracts and perform all undertakings made end entered into by the board of directors." This does away entirely with Senator Goodwine's charge regarding contracts. The British ambassador protests against the sugar provision of the proposed treaty with Cuba on the ground that & cut in the sugar duty to Cuba would be a discrimination against the Eritlsh sugar-producing Islands And yet by taking Germany's bounty sugar all these years. Great Britain has discriminated against her own sugargrowing Islands. In a recent article the Atlanta (Ga.) Con stitution urged the people of that State to contribute to the McKinley monument fund, declaring that the late President had won the good v will of the South, "not through admiration of his amicable per sonality, but through a belief in his sense ' of Justice and the kindliness of his ethics toward the South. And yet only twoSouthern States gave more votes for Mr. McKinley in 1900 than in 1SD6. In Georgia the McKinley vote fell from 60.000 in 1S96 to 33.000 in 1900. The South does not show its sentiment by an outpouring of votes. The petition to the Supreme Court .ask ing for an early consideration and decision of th case involving the validity of the elevated track ordinance seems to be well founded. If the court should decide ' against the city, as it may. an amend- ' rnent to the . charter would be necessary to enable the city to take further action. If an early decision can be had the necessary legislation can be passed at this ses sion of the Legislature, thereby saving perhaps two years deJay. The Supreme Court will probably recognize the situation. Among the suggestions that have been made to Induce support for the Goodwine ( bill, none Is more surprising than one that if the Mil is passed those who vote for it shall be vindicated by an Investigating committee that will show cause for the ac tion. It Is proposed that this investigation hall be by a new board. What kind of an Investigation would that be the result of which was guaranteed in advance, and what kind of a board would it be whose members Vfould accept the position under that kind of instructions, express or im plied? An investigation by a board that Is organized to convict la as worthless as one by a committee that is appointed to whitewash. The appointment of Judge William R. Day, of Ohio, as associate Justice of the Buprenr.e Court, to succeed Justice Shiras, retired, will be approved by the legal pro fession and the lay public. Judge Day en tered national politics under the patronage of President McKinley. In 1SS9 he was offered the posiilon of Judge of the United " States District Court for the Northern district of Ohio, but declined it on account of poor health. In 1S37 he was appointed assistant secretary of state under John Sherman, and in April, 1S3S, he became secretary. His services in that office and later as chairman of the peace commission at Paris were universally recognized. Ho is in his fifty-fifth year and will make an excellent judge. The omnibus statehood bill has already proved a serious bar to business In the Sen ate, and the end is not yet in sight. The Journal sees no reason to change its views as to the viciousness of the .bill and the unworthiness of the motives behind it. Of the three Territories which it proposes to admit Oklahoma is the only one that is fit for statehood. Arizona and New Mexico ire notoriously unfit. It is possible some supporters of the measure in its present form are honest In their advocacy of it, but there is reason to believe It owes its main support to a secret combination formed a year ago in which private interrats and political ambition played about cuai parts, without reference to the real

merits of the question or to the public welfare. It Is to be regretted that a Republican senator should be the chief promoter of such a scheme and the leader of a movement that Is blocking the wheels of business In the Senate. It Is useless to deny that this Is the position occupied by Sena

tor Quay. On the other hand. Republicans generally, and Indiana Republicans in particular, have reason to be proud that the opposition to the bill is so ably led by the Junior senator from this State. The bill, in its present form. Is so indefensible that the opposition would be justified in doing almost anything to prevent Its passage. By his obstinacy In using it to block the way against important legislation of a general character Senator Quay is giving a notable example of reckless obstructionism. THE BOARD IS HEARD FROM. The managers of the Indiana Reforma tory have not been accorded the courtesy of a hearing by the promoters of the bill to legislate them out of office, but they make themselves heard through the press. Such men as Charles E. Shlvely, John G. Williams, John S. McDonald and D. J. Terhune cannot be expected to submit to being legislated out of a responsible public trust on charges Impugning their competency or their honor without a hearing, whether it Is accorded them or not. Their statements. published In this issue of the Journal, are such as might be expected from men of their character, who, after being solicited to accept an office of much responsibility and no compensation, and discharging their5 duties faithfully according to law, find themselves unexpectedly confronted with a proposition to remove them upon trumpedup charges and without the opportunity of being heard before the only board which the law provides for Investigating the state institutions. Under the circumstances they may be pardoned for some expression of personal indignation, but this does not detract from the effectiveness with which they repel the vague insinuations and veiled charges made against them. Speak ing for the board, Mr. Shlvely, its president, reviews each one of the charges in order, while Mr. McDonald, speaking for himself and Mr. Williams, replies to the implied charge against them regarding the awarding of contracts. The members of the board are too well known in the re spective communities where they reside, and some of them throughout the State, to need any Indorsement from the Journal. The fact that they were urged to accept po sitions on the board should be conclusive as to their fitness and honesty. A wellknown citizen of New Albany, where Mr. McDonald resides, writing to the Journal a few days ago, said: So far as the New Albany member of the board of managers is concerned, it goes without saying that practically everybody in New Albany will stand by John S. Mc Donald in any controversy between him and a lot of place-hunters. Mr. McDonald is the soul of honor, is a business man from the crown of his head to the soles of bis feet, and he has the courage of his convic tions. The same is true of every member of the board. The Journal believes that every act of the board has been done with the single purpose of discharging the trust committed to its hands and serving the State to the best of Its ability, and that the demand of its members for an investigation before be ing legislated out of office bespeaks the fearlessness that comes from the con sciousness of a faithful performance of duty. Having been appointed under a law which guaranteed them against removal except for cause, and after an opportunity to be heard upon written charges, they have a right to demand that the "Jaw be not overridden. A REPUDIATION OF REPUBLICAN PLEDGES. From a Republican point of view the weakest point in the defense of the Goodwine Reformatory bill is that there is no attempt to deny that it is a repudiation of Republican pledges, a departure from Republican policies and a step backwards toward a condition of things which the Re publican party spent years in correcting All of the apologies and defenses of the bill that have been offered relate to per sonal or transient considerations. None of them touches the question of principle or attempts to deny that the passage of the bill would be a repudiation of Republican policies and pledges. That is the real point in the case, and for the supporters of the bill to ignore it is to admit that it cannot be defended on principle. Admitting for the sake of argument that the present manag ers of the institution have been dlscourte ous to the Governor, although the law does not require them to consult him In the elec tion of a superintendent; admitting that a competent man for superintendent of the Reformatory could have been found without going outside of the State, although the law docs not imply any such limitation; admitting, though the Journal doe3 not believe It, that the present managers have been guilty of misconduct or neglect of duty; admitting, though it Is no longer an important issue, that the former superin tendent may have been open to the charge of loose management; admitting all the charges and innuendoes made by the supporters of the bill, the fact- remains that the Republican rarty is irrevocably com mitted against the policy of making the executive control of state institutions a matter of party legislation. The law placing the Reformatory under the control of a bi-partisan board which should be Independent of all dictation and whose members should be removable by the Governor only for cause assigned in writing, and that after an opportunity for the members to be heard, was passed by a Republican Legislature and approved by a Republican Governor. It was one of the crowning acts of years of legislation, dur ing which one Republican State conven tlon after another demanded that the State institutions be removed from the arena of party and personal policies. For ten years one of the principal demands of the Republican party in Indiana was. as the State convention of 1SDJ expressed it, "an absolutely nonpartisan management of the benevolent, penal and reformatory In stitutions of the State, through boards whose members thall be wppolnted by the Governor from the different political parties of the State." One of .the results of this agitation was the passage of the law of 1S97 vesting the government and control of the Reformatory in a board of managers to be appointed by the Governor-and to be removable by him for cause, but, as the spirit of the law implied, not otherwise. Now It Is proposed to legislate triebe managers out of office on frivolous charges which, in spite of all defenses, it is plain have their origin In motives which the law intended should be forever excluded

from the management of the State Institutions. Can any person deny that liais is a repudiation of the pledges and policies of the Republican party for years past? Can any person deny that it is a distinct step backwards towards the vicious policy which the Republican party fought against successfully years ago, and that it will be an entering wedge towards a restoration of that policy? Supporters of the Goodwine bill do not deny It, and cannot. They confine their apologies and defense for the measure to side issues of a personal and nonessential character. The bill is essentially bad, and should be defeated on grounds of principle. INDIANA AND THE WORLD'S FAIR. The world's fair in St. Louis in 1904 will be held so near to Indiana that the ma

terial Interests of the State demand that a suitable appropriation should be made by the Legislature to provide for the adequate representation of Indiana in the greatest ndustrial exhibition in modern times. Even if there be many among us who entertain some doübts regarding the ultimate advantages of such exhibits, the promi nence of Indiana in the Nation's industries makes it necessary that there should be representation which shall give Indiana her proper place among the States. It is safe to say that as large a percentage of Indiana's Inhabitants as of any other State will visit the exhibit. Such being the case. it 13 Important that those who go shall be gratified at the place which the State occu-. pies In the great exhibit. The matter of first importance is to se cure a small board of business men in the vigor of life who are successful themselves. The man selected for manager must be a man of to-day who has achievement to Justify his appointment. Such a man would be well worth $8,000 or $10,000 a year where a less effective and resourceful man would be costly to the State at $1,000 a year. There are always a large number of men without any vocation who will seek places in the great industrial exhibit, but who from the very character of the affair would seem to be out of place. Such a board -1 should be made up of strong men regardless of party, because the State will need the best she has in order to obtain credit. As there can be no pretext for another world's exhibit for years in this part of the country it seems Important that Indiana should make a special effort to have a most creditable representation at St. Louis. It will require a goodly amount of money, but if it is judiciously expended the State will get in return for it many times in value and education any reasonable expenditure of money. For the Chicago exhibition $125,000 was expended by the State, first and last. Because of the lack of organization the expenditure was not satisfactory and the State did not realize what it had a right to expect. It is one of the matters which the Legislature must consider during this session. It is a matter worthy of its best and broadest judgment, because it has much to do with the reputation of the people of Indiana. The man who is constantly howling against corporations in this period of the world's progress must be a demagogue, be cause all the great things the country has in the way of development have come through corporations. There is not a town In Indiana which would not welcome a corporation with capital. There is not a great enterprise benefiting the people railroad, factory, what not which is not the result of a combination of Individual con tributions to a corporation; but when Senator Johnson declared that he had never known a Republican to proceed against a trust, he simply advertised his ignorance. Every action under the antiSherman law was brought under the direction of Republicans, and the injunctions which have prevented rebates were instituted by Republicans. THE HUMORISTS. Accomplished. Brooklyn Life. Gobang My son Is a wonder. He knows how many prepared foods there are on the market. L'kerdek That's nothing. My boy knows the names of half of them. A Trick vrlth Matches. New York Evening Sun. Ask the company each to take a match, strike it and then shut their eyes. The man who refrains longest from saying "Damn it!" wins tle prize. Ills Soul. New York Mall and Express. "Do you know." said the Sunday-school teach er, addressing a new pupil in the infant class, "that you have a soul?" "Course I do." rev' led the little fellow, plac ing his band over nla hearL "I can feel it tick." Annoyed. Washington Star. "Everybody has his little peculiarities," said the broad-minded man. "I don't doubt that you have your own way cf looking at some things." "My dear sir," answered Mr. Meekton, "I wish you woul.In't talk about my having my own way in that off-hand manner. Henrietta might hear you." In Lack. Washington Times. Anxious Resident Htllo! Hello! la this Smith's coal oitice? Coal Dealer Yes: bat do you want? A. R.-I've only got coal enough in my cellar to lafct until la-night Coal Deal-r (lrteirupting) That's good. What'll you take for it? From si Popular Novel. Smart Set. "In vain! In vain! Always In vain!" she moaned. "What is?" imjulied the benevolent old gentle man, us he passed. "The later 'V, " he cried. Far up the sueet a pin was heard to fall with a dull, bickening thud; then all was still. Iniüunu in the Senate. Washington Post. Indiana has long occupied a pre-eminent position in the Senate. It has been the State's good fortune to be represented un interruptedly by men of capacity. One of her Democratic senators became Vice Pres ident, and a Republican senator was elected President of the United States. All of thern have been factors in the Nation's affairs. Indiana's prestige is now being creditably maintained. The re-election of Hon. Charles W. Fair banks, which has all along been a foregone conclusion, prompts the above comment. Scatceiy known in national affairs a decade ago. otnaior rairpanjcs in a single term naa gainca a nign piace in public life. Early in the lamented McK!nW admin istration he recognized as a man of xorcc, a prudent adviser, a sale and useful constructive legislator, and these statesmen-like qualities have since been constantly in evidence. He has served his State ably and well so well that In the last State camnalsrn everv Rennhllmn i-ni. proclaimed him his own successor. The Legislature, by the unanimous vote of the majority, has now formally elected him to his ft for another term Indiana in thus honoring Senator FairDamts nonors nerseit.

TOE TRACK ELEVATION.

(CONCLUDED FROM FIRST PAGE.) persons interested or any whose property will be affected thereby. ' The city engineer shall, on or before the day fixed for suoh hearing, file with the board his estimate of the total cost of such work, and no contract shall be let under said resolution which shall exceed such estimate. DECISION TO BE FINAL. "If the board shall decide after such hear ing that said proposed improvement shall be made, such decision shall be final and conclusive upon all parties and the board shall proceed at once to advertise for proposals and open and consider the same in all respects as provided by the statute now in force in relation to proposals for street Improvements in cities of the same class. 'Sec. 2. Assessments of benefits on ac count of said improvement shall be made In accordance with the provisions of the statute now in force governing such action in establishing main sewers and drains in cities of the same class, and damages shall be awarded in accordance with the provisions of the statute now In force with re spect to the same subject in the matter of street improvements in cities of the same class. "Sec. 3. The cost of said improvement. which shall include all expenses of every nature and description, shall be apportioned as follows: Eighty per cent, of such cost shall be paid by the railroad company, individual or corporation owning the track or switch which is elevated and 20 per cent, of such cost shall be borne by such owners of real estate in said city as in the judgment of said board will be bene fited by sucn improvement. The decision of said board as to the persons and corpo rations that shall pay for such Improvements shall be linal and conclusive, and the provisions of the statute now In force in relation to the payment of street improvement assessments by installments, the issuance of bonds and coupons to anticipate the same, and the duties of the treasurer of such city shall also apply to the payment of assessments for the improvements pro vided for in this act. "Sec. 4. An emercencv is hereby declared to exist for the immediate taking effect of this act, and It shall therefore be In force from and after its passage." NEW REAPPORTIONMENT BILL. Representative Bamberger Offers a Measure Redisricting the State. A new legislative reapportionment bill made its appearance in the House yester day afternoon. Representative Bamberger, of Marion county, standing sponsor for it. This Is the first bill of the kind offered in the lower branch of the Legislature, although there have been two such bills intro duced In the Senate, one by Senator Wood, of Tippecanoe, and the other by Senator Gray, of Vanderburg. Mr. Bamberger's bill differs from the others in several minor particulars, but it agrees with them in giving Marion county one more senator and one more represent ative than the county now has. He gives J Marion county four senators and a joint senator with Hancock and Hendricks, and eight representatives and a Joint represent ative with Hancock. Under the present law Marlon and Morgan counties constitute the joint senatorial district, while the joint representative district is the same, Marion and Hancock. The bill fixes the districts as follows: Senators. Posey and Gibson, one; Vanderburg, one; Vanderburg. Pike and Warrick, one; Knox and Sullivan, one; ureene ana uaviess, one; Spencer, Perry and Crawford, one: Dubois, Martin and Orange, one; Lawrence and Monroe, one; Floyd and Har rison, one; Washington, Scott and Clark, one; Brown. Bartholomew ana jacKson. one; Jefferson. Jennings and Ripley, one; Franklin, Dearborn. Ohio and Switzerland, one; Vigo, one; Vigo and Clay, one; Morgan. Putnam and Owen, one; Marion, four: Hancock. Marion and Hendricks, one; Johnson and Shelby, one; Rush. Fayette and Decatur, one; ayne and union, one; Randolph and Jay. one; Delaware, one; Madison, one; Madison and Henry, one; Hamilton and Tipton, one; Boone and Clinton, one: Montgomery and Parke, one: Ver million, Fountain and Warren, one; Tippecanoe, one: Benton. Newton ad Jasper, one: White. Pulaska and Starke, one; Marshall and Fulton, one: Cass and Carroll, one; Miami and Howard, one; Grunt, one; Grant, Blackford and wells, one; Alien, one; Allen and Adams, one; Whitley and Huntington, one: Kosciusko and Wabash, one: Stfuben and De Kalb, one; Lagrange and Noble, one: Elkhart, one; St. Joseph, one; St. Joseph and Laportc, one; Lake and Porter, one. Representatives. Posey, one: Vanderburg. two; Gibson, one; Pike and Gibson, one; Vanderburg. and Warrick, one: Spencer, one; Perry and Crawford, one: Harrison, one; Floyd, one; Clark, one; Floyd. Washington and Clark, one: Scott and Jennings, one; Jefferson. one; Ohio and Switzerland, one; Dearborn, one; Ripley, one; Franklin ana rayette, one: Decatur, one: Bartholomew, one; Jackson, one; Lawrence, one; Monroe and Brown, one; Martin and urange, one; Dubois. Daviess and Knox, one; Daviess, one; Knox, one; Sullivan, one; Greene, one; Vigo, two; Vigo and Vermillion, one; Clay, one; Clay and Owen, one; Parke, one; Put nam, one: Morgan, one; Hendricks, one; Marion, elsht: Marion and Hancock, one; Johnson, one; Shelby, one; Rush, Shelby and Henry, one; Henry, one; Wayne, one; Jay, one; Randolph, one; Jay, Randolph, Wayne and Union, one; Delaware, two; Grant, two: Grant, Blackford and Delaware, one; Madison, three; Hamilton, one; Hamilton and Tipton, one; Clinton, one; Boone, one: Montgomery, one: Montgom ery. Clinton, Howard and Carroll, one; Howard, one; Tippecanoe, one; nppecanoe and Warren, one; Fountain, one; Benton and White, one; Cass, one; Cass. Fulton and Miami, one; Miami, one; Wabash, one: Kisciusko, one; Huntington, one: Kosciusko. Huntington. Wabash and Whitley, one; Allen, three; Adams, orie; Wells, one; Noble, one; De Kalb, one; Lagrange, Steuben and De Kalb, one; Elkhart, two; St. Joseph, two; Marshall, one; Laporte, one; Laportc and St. Joseph, one; fuiaskt and Starke, one; Porter and Jasper, one; Lake, one; Lake and Newton, one. The problem of reapportioning the State for legislative purposes will be taken up at once by the Senate committee, or which Will H. Wood, of Lafayette. Is chairman. Senator Wood said yesterday that the com mittee will get to work probably to-day on the bill introduced by Senator Gray and on his own measure, with the idea of building a substitute bill combining the best features of each. It will take the commit tee some time to prepare its report because of the multiplicity of interests to be considered. Evolving a legislative reapportion ment act is a difficult proposition for the reason that while some are pleased there are many that never are satisfied with the work of the committee in resnaping the districts. The Senate committee will probably ex amine Representative Bamberger's bill be fore making its report. FOR RAILROAD COMMISSION. Bill by 31 r. Fortune Among; the New . Batch in the Senate. Of the seventeen new bills introduced in the Senate yesterday, at least two aroused Interest out of the ordinary. Senator James W. Fortune, of Jeffersonville, came to the front with a measure that will probably meet with lively opposition before It gets to a vote. It provides for the appointment of a commission to investigate all damage suits against railroad companies, as well as to make investigations of alleged defects in trackage, rolling stock and appliances. when complaint is made. Th commission Is to consist of two members, one of whom shall have been a railroad man in some managerial capacity for at least ten years It is provided that this member of the commission shall not be connected with a railroad company as an employe and that he shall not own railroad stock while serving on the commission. The satary or each member of the commission is placed at $2. 000 a year, with all traveling and necessary expenses paid. The provision ?s mace taat the expenses of conducting the commiss:on shall not be more than SS.0UJ a year. The report of the commission in all cases is to be filed with the clerk of the Circuit Court Senator Fortune's IfJea in introducing the bill Is to establish a sort of board of equity which shall be In a position to furnish courts with accurate and unbiased information. The bill went to the committee on railroads. Senator Goodwine brought forward a bil which has for Its purpose the removing of the stigma which many think attaches to the Stale because as it is now homeless girls are placed In the Women's Prison and Industrial School for Girls with hardened and incorrigible women. The bill so amends the prewent law that it gives the Board of Children's Guardians the right to place homeless girls in private homes. It specifics that girls whose only offense It is to be without a borne shall not be remitted

to the Women's Prison. The bill Is warmly indorsed by Amos W. Butler, secretary of the Board of State Charities, and It has the approval pf many persons interested in philanthropic work with whom the senator from Williamsport has talked. The bill wa3 referred to the committee on reformatories. COLISEUM BILL PASSES. The Indianapolis Coliseum bill went through the Senate yesterday without a breath of opposition. Forty votes were recorded for the bill and not a single member voted against It. At the request of Senator Thompson the rules were suspended in the midst of other business to permit the bill to be passed. The lieutenant governor took occasion to inform the Senate that he did not desire the suspension of the rules in this Instance to establish a precedent that might delay business and lead to endless complexities. By consent it was agreed that no precedent for future suspension of the rules be established. Of the other three bills that passed the Senate, Senator Matson's bill continuing the present system of contracts and State

account work for convict labor at the State prison until 1910, was perhaps of the greatest importance. Forty votes were cast for the Lill and only one against it. Senator Burns's bill exempting fraternal beneficiary associations from taxation and from attachment under trustee, garnish ment or othr process was passed. Senator Barcus s bill giving county commissioners the right to hear complaints against con struction of ditches and drains when drain age associations shall decide that the pro posed improvement would not be of public utility met with practically no opposition. ine Democratic members of the Senate put themselves in a queer position by their vigorous opposition yesterday to Senator ienaee s Dill giving the attorney general of the State the right to file information directly In the Supreme Court when any person shall usurp a public office; when any puDiic omcer shall have suffered such a usurpation which by the provision of law works the forfeiture of his office; when any person or association shall act in the State as a corporation without being legally incorporated, and when any corporation attempts to exercise powers not conferred by aw. ine Dili was prepared by Attorney General Miller and Senator Hendee with the Idea of giving the attorney general power to act against illegal combinations and n cases similar to the Dud ev affair. The fight put up by the Democrats was a sur prise, as the belief was strong that while they might be averse to having the Republcans take ine lead in legislating against trusts, yet they would not dare to openly oppose a measure of the kind proposed. LAWLER MADE A MISTAKE. A minority report was presented against the bill signed by Senators Lawler, Harri son and Milburn. In speaking for the adop tion of the minority report Mr. Lawler de clared that the Democrats had tried to have a similar bill passed two years ago, but they had met with Republican opposition. When he said that Senator Wood had been among those that talked and voted against the Fortune bill, to which he alluded, the re of the gentleman from Lafayette was aroused and he Informed Senator Lawler that he had not only talked for the For tune bill, but that he had voted for it. The contradiction rather unnerved the unreconstructed gentleman from Salem, who closed nis speech in short order. The principal contention of the Demo crats was that the bill lodged too much power with the attorney general, and that it was unconstitutional because it would deny the right of trial by Jury if the Supreme Court were made a trial court. On this point Senator Milburn argued loudly, noiaing mat no senator would dare to return to his constituents after voting for a bill that would take away the right to a Jury trial. Senator Wood seized the opportunity to point out to the minority members how glaring their inconsistency seemed. How in the world a Democrat could vote against the bill after so many tirades against the trusts he could not see. In the oDinion of Senator Wood the bill was the longest step yet proposed against combinations proceeding illegally and to the detriment of the public. It offered relief from such trusts as are recognized to be bad, he said, and it should have the warm support of every member of the Legislature who reallv wishes action rather than campaign talk. The senator made an impressive speech. wnicn was appiauaea ior its logic as well as for its eloquence. Senator Johnston and Senator Harrison sneered at the Republican attitude toward trusts and said they had no faith In the bill as a curative agency. Both declared the bill was unconstitutional on its face and should not receive further consideration. The Republican members had fun with some of the Democrats who talked against tne Din ana got in little digs here and there about the lightning-like rapidity wun wnicn jjemocrais can cnange rront when it comes to a consideration of the trust question seriously. BARBER BILL HELD UP. Senator Ball's barber bill, providing for the appointment of a board of examiners of barbers to regulate the trade and to prevent disease and unsanitary conditions. was brought up at 11 o'clock as a special order of business. So much sentiment had developed against the bill that it was at once moved by Senator Hendee that it be sent back to the committee on labor for reconsideration. Senator Hendee pointed out that the provision of the bill specifying that one member of the com mission shall be colored was a race distinction and therefore the bill was unconstitutional in its present form. Senator Ball admitted the fact, but expressed the opinion that If the bill were sent back to the committee it would probably be unfavorably reported. He suggested that it be amended to obviate the objection raised by Senator Hendee. The Senate voted. however, to recommit the bill, which means, in the opinion of many, that it win go to tne senate graveyard. Many In dianapolis barbers have been conspicuous in the Senate chamber lobbying against the bill. They claim that it was introduced for no other purpose than to put coiorea Darners out oi tne Dusiness. since. they say, a negro might not be able to answer satisfactorily technical questions put to mm Dy tne board on sanitary mat ters. Among the bills that were favorably re ported by committees were: Senator Gocheriour s bill to compel Justices of the peace to procure and use a seal in the ac knowledgment of mortgages, deeds, etc.; Senator Wood's bill to regulate the descent of personal property and real estate in certain cases, and Senator Wood's bill, similar in nature, regulating the descent of personal property. Senator Milburn's bill to regulate the change of venue in civil cases was recommended for Indefinite postponement. a numDer oi Dins were ordered en grossed. Among them were Senator Burns s bill creatine the office of prison matron In counties of 50,000 population and over; senator Barcus's bill defining the duties of county surveyors .in counties having more than 60.000 and less than 65.000 (Vigo county); Senator Johnston's bill regulating the speed of automobiles and providing that they shall be registered; benator Joanston s bill legalizing the in corporation of the town of Linden; Senator l'arks s bill establishing Arbor days and providing that the Governor shall annually designate a day for celebration, and Senator Wampler's bill amending the statutes relating to coun'.y buslnerr. Of the other bills called ur on second reading. Senator Matson's voting-machine bill was made a special order of business for to-morrow at 10:C0 a. m. The bill was to have been considered as a special order yesterday morning at 11:30, but on account of the absence of Senator Matson because of nines discussion was postponed. Sen ator Dausman's bill regulating the duties and pay of township offices was recom mitted to the committee on county and townsr.ip 'ousiness. The Senate adjourned until this morning at iu o ciock. REPORTED FOR PASSAGE. Preliminary Action In House on Re formatory Bill Was Peaceful. There was an unusually large crowd in the House yesterday afternoon when the speaker's gavel fell at 2 o'clock. The spec tators were drawn by the announcement that the Reformatory bill would probably come up for some action, and while it had not been anticipated that there would be a fight, or even a preliminary skirmUh. the general Interest In the bill is such that the crowds will be there every day until It Is disposed of. No one seems to want to take any chances on missing the fun when the real show is on. s The bill came up, Just as announced, but there "was nothin' doin'." The committee on the affairs of the Indiana Reformatory, of which Mr. Bearss. of Miami, is chairman, reported the bill for passage, and the report was concurred In without a dissentin g voice. The leaders of the opposition

merely smiled in anticipation of the troubles that are yet to be. The session was opened with prayer by Representative Williams, of Henry county, and the first order of business was the reports of committees. The following bills were recommended for passage and the reports concurred in: No. 61 Stansbury providing for appeals from Justices of the peace and municipal courts in misdemeanor cases; No. 127 Stansbury concerning the duties of clerks of circuit courts; No. 195 Cravens enabling infant married women to mortgage or convey real estate; S. B. No. 10S Goodwine providing for the reorganisation of the Indiana Reformatory: No. US-Morgan concerning the incorporation of mining and manufacturing companies: No. lSl-Harley providing for the reimbursement of school townships when school property has been annexed by cities or incorporated towns; No. 131-Berndt-provld-ing for temporary floors in buildings of three or more stories under construction: No. C00 Stechhan-prohibiting the employment of women in establishments where the work is injurious to the health: No. ifco(hh!inrnT!p(rnlr.e the employment

of girls, and No. 190-Van Fleet-regulating the employment of female laoor. The following bills were recommended for Indefinite postponement and the reports wore concurred In: ... No. 100 Stcchhan Reducing tne mileage allowance of members of the Legislature fmm n nts trt r rmtt ner mile: No. 1?-Rock-providing for the compulsory sprink ling of streets in cities ana incuryuiaicu towns and the assessment of the cost against the property owners. An indefinite leave of absence was granted Mr. Denbo on account of illness. Mr. Denbo will be missed, as ne nas oeen one of th most active of the members in the matter of introducing new bills. TWENTY-ONE NEW BILLS. Under the order of new bills and resolu tions twenty-one new measures were of fered, several of them being of more than usual importance. One in which Prohibi tionists will be especially Interested was that introduced by Mr. Luhrmg, of Vander burg, amending the Nicholson law so that remonstrances may not be signed by attorney, proxy or agent. This is one of the bills which the brewers are championing and a lively fight may be expected on it. It Is in line with the -bill repealing the blanket remonstrance provision of the Nicholson law. tt. sfanthnrv. of Warren, introduced a bill in which the traction and interurban electric railroad companies are deeply concerned. It gives tnese companies me ..n-vita ai railroads in the Question of eminent domain, enabling them to condemn property for a right or way or 10 cross roads and other railroads, m. itnrtnn reintroduced his bill authoriz ing township advisory boards, town trus tees and City COUnCHS to iey a. ia iv idisc a fund for the erection of town hall or market houses. His original dui io mis eifect was killed by a committee report during his absence, and under the rules he had a right to offer it again and to obtain consideration for it while he is on the floor. A bill introduced by Mr. Stookey was referred to the phraseology of bills committee an unusual assignment, but he requested that it go to that committee because it hat It needed revising. The bill, which he introduced by request. gives traction engines tne same nguis on public highways as otner veuiwcs. w.A.eora fmni the Senate announced that the body had passed Senate f bills Nos. 16 TO, 73. 44 and 53. ana iiouse diu io. The latter is the bill increasing the school tax levy for the city or inaianapons. TO HEAR MR. FAIRBANKS. On a resolution by Mr. Branch. Messrs. Beckman, Greene and himself were desig nated as a committee to invite the Senate to meet with the House Jn Joint session at noon to-day to hear Senator Charles W. Fairbanks. Senate bills Nos. 79. 73. 44 and 53 were handed down on first reading and referred to the proper committees. House bills Nos. 94. 159 and 90 were hand ed down on second reading and advanced to engrossment without amendment. House bill No. 130 owen ine ataie T3rtirH nt Taxation's bill concerning the collecting of taxes and extending the time for the township assessor to begin his work from April 1 to March 1, was handed down on the third reading. It is a voluminous document that busied the reading clerk vi Via Hct nart nf nn hour and it was put on its passage without any discussion; but when the name of Mr. Reeves, one of the Democratic members, was called, he arose and in explaining his vote denounced the bill. . ills statement ana nis vote tu u started the tide against the bill and led many other members to change their votes from aye to no. The bill was passea oy a vote of 64 to 30. Mr. Reeves's main objection to the bill was that It started the assessors to work a month earlier and gave the farmers Just one month less in wnicn tn Sterinen if their strkolr and CTODR and apply the proceeds to old debts before they could be assessed on the property or money. House bill o. iut w atson ine Jsiaie Rn.irrt rt I-Miiratlnn'u hill fttlthorizine the superintendent of public instruction to adopt and schedule tne items entering Into a teacher's success grade, was passed 1 -A- .1 A uy a voie ui i iu n. nn mntlnn hv Mr. Slutpsman the House adjourned after adopting Mr. VanVleefs resolution that it stand adjourned until 10 o'clock to-day. COMMITTEES OF THE SENATE. Divided Report Will De Slade on the Wood Garnishee Bill. The Senate committee on Judiciary has about given up the Wood garnishee bill as a bad job. Discussion of the measure occupied a good part of the time of the committee yesterday afternoon and about the only decision reached was to report the bill back to the Senate to-day and let the fight be finished there. The bill has been amended by a subcommittee, consisting of Senators Wood and De Haven, so that it is made to apply only to those persons that avold their debts willfully. A provision has been inserted that tradesmen may not levy on twenty-five per cent, of the salaries of those who fail to meet their obligations through sickness or other excusable circumstances. Chairman Parks, of the committee, states that a majority report will be returned against the bill, but Senator De Haven thinks the majority report will be adopted. Senator Johnson's bill fixing the penalty for criminal assault will be reported favorably to-day. The bill has been amended so that Juries may fix the sentence of a person convicted of the crime. The committee on county ana townsnip business, of which Senator Gochenour is chairman, will favorably recommend three bills this morning. Senator wood s bin, providing that in case certain restrictions made bv decedents In bequeathing money or property to a county for a public pur pose are not carried out. tne bequest snail revert to the estate, will be recommended for passage. Senator Askren's bill, legalizing the election in November, 1502, of clerks of circuit courts, has met the com mittee's favor. Senator Crumbaker s bill prescribing the number, duties and salaries of Justices or the peace in vanderburg county will be reported favorably. The committee on fees and salaries, of which Senator Crumbaker is chairman. met at 7:30 o'clock last night and discussed the bill by Senator Barlow fixing the sal aries of town officers in Incorporated towns of certain flze. The original bill was sweeping in its application, covering every incorporated city and town in the State The committee amended the bill to make it apply only to incorporated cities and towns of 2.5 population or less. In this lorm It will be recommended this morning for passage. The committee received a delegation of Henry county citizens who came to protest aKainst the bill as It was originally worded The amendment, however, was satisfactory. ELECTION OF TRUSTEES. Senator Gochenour Has u Dill to Rev olutionize the System. Senator Gochenour, of Fulton and Wa bash, will introduce a bill this morning which proposes to revolutionize the method of electing township trustees. The bill. which will affect probably three-fourths of the trustees of the State, provides that these officers shall be elected only by the voters in theh' respective townships that live outside Incorporated cities and towns. It provides that no votor of an Incorporated cltv or town may vote for township trustee. The bill is made necessary. Senator Gochenour states, because of an unreasonable and awkward condition of affairs ex isting pretty generally over the State under the present system. As It Is now a town ship trustee has absolutely no Jurisdiction over the affairs of a city or town except as the poor officer, but in almost every case he is elected by the heavy city and town vote. These voters should not have

the privilege of electing him. the senator says, since he is given no real jurisdiction in their affairs. Wherever it is applicable the bill makes the city clerks overseers of the poor. BELL REFERENDUM DILL.

Measure Which Refers Franchise Granting to Popular Vote. Senator Bell, of Hammond. Introduced a bill yesterday which will very likely stir up warm debate when the time comes to take It up on the floor of the Senate. The bill provides that when 40 per cent, of the. voters of an Incorporated city or town present a petition to a council, the council shall rot award a franchise to any corporation without submitting the proposition to the vote of the people. It Is the direct application of the referendum. Senator Bell is enthusiastic about his bill. He believes it has a chance to pass. Ho was pushing It with his colleagues in the English Hotel lobby last night, and was not veered off by jocular remarks to the effect that he is getting to be a Populist. "I know of no better argument in favor of the bill' eald the senator, "than some information furnished me by Senator Burns the other day. The city of South Bend has Just granted to a gas company a fiftyyear franchise giving it the right to sell gas at $1 a thousand feet. The people of that city think they are getting gas for $1; as a matter of fact, they are not. That franchise Is smoothly worded. It provides that whenever consumers burn less than $10 woith a month the charge shall be 11.35 a thousand. As a matter of fact, there are very few people that burn more than $4 or 15 worth of gas a month, so you see what a grip the company has on the people of South Bend. If there had been a chance to apply the referendum in South Bend that franchise would not have been granted, and the people of South Bend would have had a chance to get gas at reasonable . rates." SCHOOL TAX LEVY. A Favorable Report on Corn's Bill In ores sine It to Sixteen Cent. The ways and means committee of ths House at a meeting yesterday afternoon decided to recommend for passage Representative Corn's bill increasing the schooltax levy in the State from 11 to 16 cents. All the members of the committee did not concur in this report, but a minority report will not be presented. This bill is one that is backed by the State Board of Education and the other educational organizations and Interests of the State. The committee also decided to report favorably on the bill renewing the appropriation of $23.700 for the erection of monuments for Indiana regiments on the battlefield of Shlloh. The committee will recommend an amendment carrying an appropriation of $1.500 for a monument for the Second Indiana Cavalry that participated In this memorable battle but was not provided for In the original appropriation. e TO IMPROVE COUNTRY ROADS. DIU Will De Prepared Provldlnic for Employment of Convict Labor. A plan to utilize convict labor in manufacturing material for the making of permanent country highways was evolved last night at a meeting of legislators and citizens in the office of State Geologist W. S. Blatchley. Among those attending themeeting were D. M. Tarry. Senator Strickler. Representative Jackley, B. Frank Schmld. of the State Labor Commission, John Ruckelshaus and representatives of labor organizations. Mr. Blatchley submitted t scheme proposing that the State purchase 1.000 acres of land on which may be had deposits of shale and fire clay. On this should bo erected a plant to turn out paving brick by convict labor. He estimates that with 120.000 brick a day, 100 miles of country road could be paved every year. The plan was warmly approved by Mr. Parry. Mr. Schmld and the labor representatives. A committee was appointed to draw up a bill embodying the main features of Mr. Blatchley's suggestion. The committee consists of B. Frank Schmld, E. 11. Davis, representing the National Manu facturers' Association, and Edward A. Perkins, representing the State Federation of Labor. MONEY FOR PARK BOARD. Representative Morgan's BUI Intro daced In the House. Representative Morgan, of Marlon coun ty, introduced a bill in the House yester day afternoon that provides that the money derived from the tax levy for park pur poses in the city of Indianapolis shall go direct to the fund in the hands of the Park Board. Under the present law this money goes Into the city's general fund and is then appropriated for park purposes by the City Council. The bill is one that was pre pared at tne instigation oi tne Board of Park Commissioners. Joint Session This Afternoon. The committees on cities and towns of the Senate and House will hold a Joint ses sion this afternoon to consider the House bill providing for a new Improvement law for the cities of the State. The bill re peals both the Artman and the Barrett laws, but Its provisions are essentially tho same as those or the original Barrett law. The Artman law of two years ago, which provided that remonstrances could block proposed improvements, is tne ODjectionable feature of the existing laws that the new bill seeks to remove. Haniilton-Schloot Contest. The House committee on elections III this afternoon resume its consideration of the Hamllton-Schloot contest. The evi dence is all In the hands of the committee. and it is understood that final action will be taken to-day. The attorneys for Mr. Hamilton, tne republican contestor, are confident that they have made such a strong case mat tne committee cannot do otherwise than recommend that he be seated. Leslslatlve Sidelights. J. S. Duret. of Chicago, who is connected with the law department of the Chicago & Eastern Illinois Railroad, is in the city. and will look in on the Legislature for a few days. Mr. Duret disclaims any ulterior designs of a lobbying nature, and says that he Is here merely to renew acquaintances with hia old Indiana friends. Mr. Duret formerly lived in Miami county. The members of the upper branch of the Legislature had a lot of fun at the expense of Senator Thompson, of this city, yesterday. The senator in making a motion that the rules be suspended In order that the Indianapolis coliseum bill might be passed without going through the long and devious path of the usual routine, made a break that furnished the basis for the quizzing to which he was subjected. Tho ttereotyped form of a motion of this character is. "I move that the constitutional rules be suspended in the consideration of Senate bill No. 15!, that the bill be read a second time, considered engrossed and placed upon its passage." Senator Thompson's motion followed this form all right up to the last phrase, which he changed to "and that the bill do pass." His motion prevailed and the bill did pass, consequently the senator felt that he could stand all the gibes that were sent his way. Newt H. Myers, of Jeffersonville, who has figured in the controversy over the Reformatory bill as the proprietor of the clothing store from which the suits for discharged convicts were purchased, wai in the city last night. XXX Representative James E. Watson, of the Sixth district, who came on from Washington last week to help push along a bill changing the Judicial circuit of which Its home county of Rush Is a part. Is In the city asaln. and will be here for a day or two. or until he sees the bill In which be is interested well on its way toward passage. A lively fight is being made against the bill by the Democrats, but it is believed that it will go through all right. Mr. Watson had a little Informal caucus of the members who are directly Interested In the measure last evening at the English. XXX A member of the ways and means committee of the House made the somewhat startling statement last nU.ht that tham