Richmond Palladium (Daily), 21 October 1901 — Page 1

DAILY PALLADIUM,

BICE WEEKI, KTABI.IIIKI 1131. DAI LY tVlAHLIMlKl) IS SO. RICnMOXii DAILY PALLADIUM, 31 ON DAY, OCTOBER 2i, 1101. ONE CENT A COPY

MONO

LABOR CASE.

DECIDED BY JUDGE FOX AGAINST THE CITY. The Opinion in Full An Appeal Will Be Taken To the Supreme Court. The following is Judge Fox's opinion in the case of Jas. A. Edwards vs. the City of Richmond: In this case the plaintiff sues to recover for work and labor. In his complaint he alleges that from the 6th day of May to the 13th day of June, 1901, he was employed by the defendant as an unski led laborer and as such during that time he worked upon the streets of said city. He further charges that as such unskilled laborer he was by virtue of a statute passed by the general assembly of this state on the 9th day of March, 1901, entitled to receive for such labor, compensation at the rate of 20 cents per hour; that the defend ant refused to pay him more than 15 cents per hour; that he brings this action to recover the amount that he is entitled to under said statute, likewise his attorney's fees and an appropriate penalty. To this complaint the defendant has filed a demurrer, and claims in argument that the statute above mentioned is unconstitutional and void and that for this reason the defendant is entitled to judgment. (The act of the general assembly which is challenged by the defendant is here quoted but is omitted because it was published in the Palladium recently ) The coin ts of this state undoubtedly have the power to declare laws enacted by the general assembly unconstitutional when they are clearly so and only then. If in the mind of the court it is a doubtful question as to whether a statute in a given case is, or is cot constitutional, the doubt will be resolved in favor of the const it utiorality of the law. The power of the general assembly of this state is restrained only by the limitations imposed upon it by the federal and state constitutions. Beyond these TO3raTIDnSTtSpawer"ls supreme as far as the courts are concerned. A law may be wrong or unreasonable, yet if it does not conflict with anv con .titut nal pro,isioD, it is beyo d ttie reach of the courts and it will be their duty to enforce it as thev find it. The mere fact that a legislative body may occasionally abuse its powers in enacting unwise or oppressive statu! s will in no wise justify interference by the courts in exercising a power that they do not possess. This principle is well expressed by the eoart of appeals of New York in the case of Clark vs. the state, 3t N, E. 817. Tha case was much like the one now under cansideration. In the opinion of the court it is said: "But ex reme cases which show that power may possibly be abused, do not prove that it does not exist. The court cannot construe the constitution so as to preclt de all possibility of the abuse of pwer. There has always been ample room, within the pale of the constitution, for the misuse or abuse of powers conferred upon public bodies or officers which is subject in a large measure to the exercise of discretion. It must be assumed that the legislature and all other public bodies entrusted with the functions of government, general or local, will use the power conferred by the constitution or the law, fairly, and in the public interests." The supreme court of this state has announced as a rule, that it devolves upon the party who assails a statute upon the ground that it violates the constitution, to show a clear violation and to point out the provision violated; failing to do this,his attack is.ucarailog. (102. Ind., 319 ) Counties, cities and towns are municipal cor perat iocs. Municipal corporations are created mainly for the interests.advantage and convenience of local ccfminunities. The power tocreate such corporations for the purpose of self-government lies with the state to be exercised through its legislature. A municipal corporation has only such powers as are conferred upon it by the state and when these powers are so conferred they do cot become rested rights for they are subject to legislative control. They may be changed, modified or taken away at the pleasure of the state. If the general assembly,after conferring powers upon a municipal corporation may take them away, I am unable to see any good reason why they may not regulate them while they exist if no constitutional provision is violated in so doing. The defendant insists that the statute in question is in the nature of "class legislation" and for this reason cannot be upheld. To this proposition I cannot assent. In the first place the statute directs that the state shall pay twenty cents an hour for unskilled labor when emploped upon public work, that is,upon work for the state. It then directs

that all counties, cities and towns in the state shall uo the same. There are no exemptions. None are favored. The statute is sweeping in its terms. It operates in a general and uniform manner throughout the state. It applies in terms to the state and to every county, city and town in the state. It applies uniformly to all unskilled labor employed upon all public works for any of these corporations. There are no discriminations. A law which applies generally to a particular class of cases is not a local or special law. The constitution does not require that the operation of a law aail be uniform other than that its operation shall be the same in all parts of the state under the same circumstances. (131 Ind., 436; 42 Ind., 547; 29 iDd., 329; 26 Inn,, 431.) in uiy judgement the statute can iu no sensa be termed "ciasss legislation." The statute is prospective and not retroactive. The obligations of contracts are not impaired. Vested rights are not disturbed. No burden is placed upon unskilled labor. No obligations nor restrictions are imposed upon any one sive the state and upon its agencies, counties, cities, and towns. All highways are the property of the state and are for the use of the public A street is a highway. Counties, cities and towns, as subordinate agencies of the state, are entrusted with power to establish, maintain and control highways within their respective jurisdictions. This power may beehanged, modified or taken away at any time, at the pleasure of the state. When labor is performed upon a highway, it is public work done upon the property of the state although done and controlled by suoordinates clothed with power for that purpose. It is claimed in argument that the right to contiact is a property right and cannot be abridged; that the statute in question has this effect and for this reason cannot be upheld. That the sovereign power of the state may in many instances abridge the right of the citizens to contract has been so often exercised and upheld that it is no longer an open question. To assert broadly that in no instance can the state abridge the tioerty of the citizen to contract would be to deny the state the power to exercise the right of eminent domain; to levy taxes; to collect assessments for public ues; to arbitrar ly fix the salaries t f p lblic o ticers. The legislature fixes the sala-j rles of all state officers members of the general assembly; also the fees of county and township officers throughout the state. The councils of cities fixes the compensation of its officers. It is provided by law that township assessors and their deputies shall receive two dollars per day ;road supervisors $1 50 per day. Doubtless many of the persons who hold these offices would accept them for a less compensation if it were a matter of contract. Will it be c1 aimed that because persons are required to ac cept these offices for the compensation named, that their right of contract is abridged? When the state employs persons who are unskilled, to labor upon its public works and informs them at the time that their compensation will be 20 cents an hour and they accept these terms, is there any abridgment of their right to contract? They need not accept such employment unless they choose. They are free to act in the premises. A city may let its public work to the "lowest bidder upon such terms as it may fix. If at the time it advertises for bids it informs the bidder that ttey will be required to pay unskilled labor at the rate of twenty cents an hour and that they must make their bids accordingly, is there any hardship? Is the right to contract abridged? Contractors need not bid unless they choose. If they bid, they must consider the terms and conditions imposed in fixing the amount of their bids. The right to bid is an open fieli.In the competition invited, are the rights of any one abridged? Suppose a private corporation is in need of unskilled labor, and in order to obtain it instructs its agents to employ such labor at twenty cents an hour and at no other rate. Would it destroy any contract right in so doing? Suppose this corporation would let its work to a contractor and in the contract should require hitr, under a penalty, to pay unskilled labor at the rate of twenty cents an hour and he should voluntarily and understandingly enter into this contract, would not this contract be enforced by the courts? When the state directs that all unskilled labor engaged upon its public work shall receive twenty cents an hour, is it exceeding its power? If a person in contracting with the state to do public work stipulates in his contract that he will pay unsKilled labor twenty cents an hour or suffer a penalty.may he not do so? Would such a contract violate any constitutional provision, state or federal?. As has been said, counties, cities and towns are mere creations. Tbey have no potential existence. Their life is the will of the legislative power of the state. Their powers are not inherent. The right to contract

is conferred by the sovereign power 1 of the state, and being so conferred I

Mr. Crow "We'l. goodbye, old b! tercrop next year, I won t come HE KNEW. 'Don't you think Edith has engag ing manners.' "Hardly She has three times this season.' refused the same power may take it away. If the state alone may confer and take away the right of muni ipal corporations to contract, it certainly may direct and regulate the manner of its use. CASE WILL BE APPEALED. City Attorney Jessup states that this case will at once be appealed to the supreme court of the state. R. H. S. WINS.

Knlghtstovvn H. S. Foot-Ball Team Defeated 12 to 0 Boys to be Complimented on Fine WorkBig Crowd. R. H. S. defeated K. H. S. on Reid fiild Saturday afternoon, the latter team weighing almost twenty pounds to the man more than oar boys. The largest crowd a Richmond high school team ever had at a game was there Saturday and its cheering and encouraging yells did much to spur the boys to victory. QThe K. H. S. team with about ten rooters arrived here at 10 o'clock and were escorted to the Westcott by members of the home team and the high school. Both teams were on the 5 I J at the scheduled time and after a little preliminary practice the game was called. K. H. S kicked oft Knightstown got the ball but was held for down with the bali in their territory. Then Richmond oegn to show its superior work by hitting Knightstown's team line for five and ten yards gains every down and after ten minutes play Art Hill sco ed a touch down for R. H. S. and Bulla kicked goal, making the score 6 to 0. Koigbtstown kicked off. Richmond advanced the ball for twenty yards, but lost it on downs, and the first half ended with the ball in Knightstown's possession and in their territory. After an intermission of five minutes. R. H. S. kicked off and our boys advanced the ball for another touchdown, which was made by Kaufman after fifteen minutes of play, and Bulla kicked goal, making the score 12 to 0. The game ended in a punting contest, both teams doing fine work, but that of our boys was slightly superior. Richmond made only one fumble and that was by T. Hill and cost nothing, while ivn'ghtstown made several and had the ball only three times during the whole game. Finaccially the game was a great

man': but look here, if you don't have a back!"

Mother "Oh! Jimmie! I've got something to tell you!" The Truant "Holler it, ma; holler success, although the expenses almost doubled that of former games played here. The Athletic association has 121.45 in its treasury as a result of this one, a small portion of which will be spent for a new foot ball. After the game the Richmond team was invited to the home of Miss June Elmer for supper of which most of the boys took advatage. There should be no kick on either side as to the decisions of the umpire and referee or the conduct of the crowd on the side lines, bucause the ruling was fair and the crowd kept off the field. Quite a number of students were down to the depot Saturday night to see K. H. S. boys off. The line-up was as follows: R. H. S. K H. S. Elder I. E Sherrod Myers L T St. Clair Newman L. G Carey Horton C Crimer Louck R G Bell Tallant R T Pike Bulla RE Reeves Wilson Q Carson Kaufman Rfl - Shuey J. Hill F B Tipton A. Hill LH Brinkmanand McLaren Umpire R. Pike, Referee Lockwood. DETECTIVE CRIH Fatally Shot By a Notorious Criminal, John Foley, Alias Dan Driscol. Cincinnati, O., Oct. 21. Detective C. D. Crim of Cincinnati police force was fatally shot on the street this morning by a well known thief, John Foley, alias Dan Driscol. Crim was going to the depot for a short vacation when he recognized Foley and placed him under arrest. After walking a few steps Foley suddenly fired a bullet through Crim's bodv. He was immediately rearrested. Foley was recently released from the Ohio penitentiary. He was being looked for by the police for picking pockets at funerals. Crim's chances for life are said to be one in a thousand. Cruelty. There have been two Arabians around town for a few days with an old horse and buggy. Saturday they sold the buggy to some one for one dollar and abandoned the faithful oid horse that had pulled them into town and disappeared. The poor old cripple wandered out on the commons on the west side and getting down was

1 not able to get up again, Officer

McMmus went over and shot it this morning and turned the remains

over to Undertaker Merts. If the Arabians can be found they will be fined for cruelty to animals. Bank Robbed. Fulda, Minn., Oct. 21. The safe of the Farmers bank was blown open early today and robbed of f55,0O0, insured. Bank Suspends. WaWftnn D f! Oct 51 Tfc comptroller of the eurrercy rec ived a telegram announcirg the suspen sion of the tuufaula National bant, Eufaula, Ala. No details are given. Reception. At the home of Mrs. John B. Dougan tomorrow afternoon from 2 to 6 o'clo.k a reception will be given for Mrs. Reid of New York aid Mrs. Bogue of Wabash, wife and sister of Mr. D. G. Reid. There were about ISO invitations issued. Mrs. Frank Elder, Mrs. John Nicholson, Mrs. John Zeller, Mrs. Will Starr and Mrs. George Eggemeyer will assist. The mjsic will be supplied by Cain's orchestra. Mill and Elevator Burned. Paris, III., Oct. 21. F.L. Keddus mill and elevator burned last night. Loss f75,000, insurance one half. Adolph Bartel. The death of Adolph Bartel last evening was a painful surprise to his may friends, who did not know he was in so serious a condition. He used to beat Rost & Marshall's and from there he went to the A. II. Bartel & Co. concern. After about two yars thtre he went to Chicago, securing a position with J. V. Farwell & Co. He was there but a short t'me when he fall ill. Not thinking it would be serious he held on after be should ha ve gone to bed. When he did give in and come home he was very feeble. He had typhoid fever. He went to the home of his father, Wm H. Bartel sr., and rapidly became worse until his death ensued. GBEWSOME FIND. Bones of Henry Crist, the First Man Hanged in Wayne County, Un ' earthed. Last Friday while workmen were grading the driveway to the home of Jacob Wise, in the eastern part of Washington township, tbey unearthed the remains of Henry Crist, the first man hanged in Wayne county. The grew some find renewed interest in this pioneer criminal case and in the execution that fcllowed. The disinterred bones, many of them the sku.l and larger bones particularly were well preserved Some fragments f the clothing, buttons, &c, and pieces of the rude coffin were also found. The bones were placed in a box for reinterment. P0LICEC0DRT. Three Women Fined A Case of Cruelty to Animals Belgian Hares Killed. In police court this morning were three women and a man who were taken out of Nettie Anderson's house by officer McManus. Mrs. Anderson came first and plead not guilty. Her attention was called to the fact that she plead guilty to the same charge before. She coa tended that this was a long time ago, and the mayor replied that it didn't make any difference if it was twenty years ago and fined her 110 and costs. Rosa Cress plead not guilty to associating with a woman of bad repute, namely, Nettie Anderson, but was declared guilty from the testimony of the docket and fined 5. Mae Fisher for the same offense plead not guilty and denied that she was a . woman of that sort but was fined $10 and her attention called to the fact that she owed another fine, an eld one, and mus stay Ihem both out. James Maher for being with the women was fined $10. John Donlin for intoxication was fined $5. BELGIAN HARES. The Belgian hare question is getting serious. There are a good many in this section and the dogs do not know them from wild ones and chase and kill them. One day last week several that belonged to Jeff Ferguson were killed and the trustee paid for tbem. Since that a court decision has been rendered that they are not domestic animals and can not be paid for by the trustee. Last night a dog killed ten belonging to Otto Krone and unless the owner of the dog pays lor them there is going to be trouble. LATEST ftrOTaTIOXS. Chicago, 111 , Oct. 21. Wheat, 691. Corn, 54. Oats, 34. Toledo, O., Oct. 21. Wheat, 73i.

A TERRIBLE PLOT

Bolomen On Samar Islaud Were Prepared to Continue Massacre. A VIGILANT OFFICER Discovered the Hole In the Wall Tbroujrh Which the Natives Were riauuing to Make Eutraaee. Late Hostilities on That IsU:i l Have Created an Urgent Demand for Lukb&u's Capture. Manila, Oct. 11. Owing to the vigilance of Lieutenant Thomas M. Halm's, jr., of the Wth Uuited State Infantry, another slaughter of American troops by insurgents lias been averted. It. seems tlwit Lleutenaut Raines discovered a prisoner re-entering a cell at Carliiga, Island of Samar, where several were coufined, through a hole that had been let iu the wall. An Investigation showed a plan to fill the jail with ltolotueu and to call the guard, which would le necessary to get the door open, and then to attack the garrison. It also developed that the instigators were a priest and the presi-. dente. itoth of whom have leeu arrested, together with several other prominent persons. Other attempts have leeu discovered. but fortunately frustrated, at l'amliujan and other points in Sumar. Several persons have been arrested in connection with these. Iteinforcemeuts are Itoing rushed to Samar. Three tmudred and thirty marines, under Lieutenant Colonel Maneil C. Goodrell have gone there on loard the United States cruiser New York, and two battalions of the 12th infantry will start Immediately for the same destination. United States officers from other provinces tliat were supposed to be pacified have recently arrived in Manila, and they say that the news of American disasters spreads like wildfire among the natives, who scarcely attempt to conceal their delight. The Manila constabulary discovered a large quantity of steel wagon springs, which were being shipped to various districts, tuvee'igatiu showed that thuse were . to le used iu mauuiacturiug bolo. The troops in Samar anticipate bard fighting. Hrlgadier General Jacob II. Smith, who Is in command, has visited most of the ports and instructed the commanders that the insurrection must be hammered out and General Lukban, the insurgent leader, captured. Already the movement oi troops has begun. General La Cuna, who surrendered last May, has complained to General Chaffee that the terms upon which he and his force surrendered hare not been respected' by the Americans. lie exhibits a document signed by himself and General Frederick Fuus'nn In which he and his force are granted immunity In resjiect of all acts committed contrary to the laws of war. Since this document was executed several of Lacuna's officers and men have been tried, condemned and sentenced to death for killing American prisoners. General Funston says that when it was signed he gave Lacuna orally to understand that the killing of American prisoners was excepted. Lacuna admits that something was said on the subject, but says no thorough understanding was reached: and be considers the written agreement binding. BIG JAUL Made by Postoffice Robbers in Chicago Last Night, Chicago, Ills.. Oct. 21. Burglars last night stole 170,008 in stamps from the Chicago postoffice and escaped leaving no clue. They tunneled under the stamp vault, drilled through the steel bottom tunnel and the drilling required several days work. The cashier's vault containing $300,00 cash was only six feet away. It is supposed that was the objective point. Sunday School Week. This is Indiana's greatest Sunday school week. A meeting of 300 canvassers will be held tonight at the First Presbyterian church at 7:30. The city will be divided ir.to 12 general districts and into 152 - subdistricts. ' - Every canvasser should be present tonight to receive instructions. The union meeting as announced for Tuesday evening to be held at Grace church will be held at the First Presbyterian church instead. "Wednesday night's meeting at Grace M. E. church and the grand union rally Friday night at East Main Street Friends' church.