Jasper County Democrat, Volume 6, Number 18, Rensselaer, Jasper County, 8 August 1903 — OBSTRUCTION OF STREETS. [ARTICLE]

OBSTRUCTION OF STREETS.

John Gilbert Shanklin, the well known democrat editor, died at hia home in Evansville, Thursday of heart trouble, aged 62 years. He was one of the most prominent democrats in Indiana.

Judge Neal of Noblesville, has granted an injunction against the using of the streets of that city for carnival or street fair purposes, on the grounds that such use would be an illegal obstruction of same.

In opposing the turning over of the public streets of Rensselaer for carnival purposes The Democrat is not only backed by public sentiment but takes a stand on the side of law and order. Those who advocate the using of the streets for this purpose are on the law-breaking side. We prefer our side.

A dispatch from Fowler says: Two applicants for saloon licenses from Boswell, and one from Wadena, were defeated by blanket remonstrance during the present term of the county commissioners. Benton county originally had thirty-six saloons, but only nineteen remain. Saloon men at Boswell threaten to open a quart shop, but anti-saloon people retort that if this is attempted it will prove a losing business.

While the present republican administration is seeking to make a recordjfor investigation and reform, the moßt strenuous efforts, efforts little short of scandalous, are being made to save from the consequences of his own acts the maD whom President Roosevelt has described as “My best friend and closest political adviser,” Lucius N.||Littauer, representative from New York. The evidence in the bankruptcy case of one E. R. Lyon disclosed the fact that Lyon entered into a partnership with Littauer, that £ Littauer procured for the partnership so formed a contract to sell to the War Department, for the use of the soldiers, 150,000 pairs of gauntlets, and that Littauer’s share of the profits on the sale of 33,061 pairs of these gloves amounted to sl,700, all this being set forth in Littauer’s own handwriting, in a statment written on the stationary of the House committee on Manufacturers, and in express violation of the statue which expressly says, “No member of Congress * * shall directly or indirectly * * hold or enjoy, in whole or in part, any contract made or entered into in behalf of the United States or by any officer or person authorized to make contracts on the part of the United States.” The evidence, being Littauer’s own statement, made in his own handwriting, must be regarded as unimpeachable and it proves that Littauer has been guilty of the same violation of the United States statues for which ex-Congressman Edmund H. Driggs has been indicted by the Brooklyn grand jury. When the facts in this case were made public Secretary Root ordered an investigation but in issuing instructions to the officer charged with the “investigation,” Itr, Root merely instructed him y ascertain if the contract was warded to the lowest bidder. The President promised a “full and fair investigation” of this case and Colonel Garlington has made an investigation believed

to be anything bat “full and fair/’ not of his own volition biit because his powers were limited by secretary Root, his superior. Lawyers have appeared before the secretary to plead leniency for Littauer and it is feared that their client’s close association with the will affect the Secretary’s decision. The public is awaiting Mr. Root’s decision with interest, but it cannot avoid reflecting that in‘ the oase of Driggs the inveseigation was conducted by the grand jury and that Mr. Driggs, on less positive evidence, will be compelled to stand trial in a court of justice.

As we understand the law, a city or town council has no legal authority to permit any stand, show or other obstruction'on any public street for private gain or use. The streets of a town or city are for the use of the public and not for private use, and any person who erects any stand, show tent or other obstruction on any public thoroughfare is a lawbreaker and can be arrested and fined for such obstruction.

There is talk of getting out an injunction against the use of the streets for the proposed bacchanal revel or carnival here. While this means of preventing an obnoxious exhibition may be resorted to, and perhaps will be, it is not necessary. Any person or company connected with the carnival aggregation who attempts to set up any obstruction of any kind on any public street can and must be arrested on affidavit being made with the prosecuting attorney or before any justice of the peace. It is not necessary to enjoin the commission of a crime or misdemeanor, but the person who commits the same can be arrested and punished for such unlawful act or acts.

Carnival people know this and if they are given to understand that no show or shows will be allowed on the public streets they will not attempt to set up there. City councils and officers sometimes attempt to over-ride the statutes, but the statutes are made for the protection of the people — the creators of councils —and the latter never can become greater than their creators, a fact which they frequently lobo sight of. Carnivals, generally speaking, area sort of entertaiument that should be given back out of sight—the further back the better —and if it is determined to give a carnival in Rensselaer, let it be back to one side, back in the woods or some other out-of-the-way place, but not on the streets, which are public thoroughfares, owned and controlled by the whole people, backed up by the state of Indiana.