Richmond Palladium (Daily), Volume 31, Number 363, 5 March 1907 — Page 4

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The Richmond Palladium. Tuesday, March 5, 1907

THE RICHMOND PALLADIUM

Cntrdat Richmond PostofFlcft mm Soond Class Msttsr

RICHMOND, IND. CBl

Opooncr IRcoino Senator 8pooner of Wisconsin, whose resignation from the senate was received yesterday, is one of the "old guard" among those senators faithful to the interests of the railways. For years the railways controlled the state of Wisconsin and through its legislature . . wo senators at Washington. Several years back, however, -iol-lette, then governor of Wisconsin, dealt a death blow to railway domination In his state and was elected to the United States senate. He has unceasingly fought Senator Spooner and the Interests back of him, both at Washington and in Wisconsin. Senator Spooner's resignation, therefore, rather makes It appear that Senator Lafollette has been successful In his fight against railway and corporation government and that the senior senator from Wisconsin bell eves descretion the better part of valor. Klaoh the Maohcro. Many complaints have recently been made against that class of. men which hangs about our streets at night trying to flirt with women. Respectable women it Is alleged have on more than one occasion been insulted by these loafers, and officers who have caught any such offen- . ders have taken the law Into their 'own ; hands and administered to them a good thrashing. This was all they could do to the offenders as there Is no state law or city ordinance under which these men can be punished. Council at its earliest convenience should see that a proper law be enacted by which these men may be dealt with as they deserve. A thrashing is too good for them. They should be given not only the thrashing but also a good long term of imprisonment. If the hold of the present political machine on Indiana is ever to be shaken off it will be through the efforts of Senator Beveridge. He ? has proven that he Is -not afraid to undertake the job by his action In preventing ex-congressman Cromer getting the position of postmaster at Muncie. ' ' ' '

Supt. Bailey Tells of One of the Nuisances which will be Eliminated by the Automatic System. 1 Richmond will be free from those persons who in the past have been prone to call up others over the phone and fight out their own personal grudges and dislikes, when the new automatic Home telephone system is Installed and in working order, ac cording to the statements of Superin tendent Bailey yesterday. Under ordinary circumstances it would be an easy matter for people to call up others and fight out their grievances with the wives and Immediate relatives of their enemies, but with the addition of a "tell tale" dial on the automatic switchboards, the trouble will be done away with. When a person is bothered by the actions of others he can Immediately apply for a "tell tale" dial, and in case the intruding one again calls the person Inflicted with the objectionable conduct the latter can move. the dial and the two phones are connected and the alarm is given central, who can Immediately note the point from which the call came. The two phones cannot be disconnected until the central man does so. Central can call the owner of the phone, and at the threat of taking, . the phone from him, . ask who the guilty person was. In this way the name can be ascertained and If he is found guilty he will be harshly dealt with. Two young men of Dayton, Ohio, attempted to get even with their enemies by annoying their Immediate relatives . over the telephone, and when caught and tried were' each - given two-year sentences In . the penitentiary. Objection Not Well Founded... The objection to the new system, broached in the . past few weeks by several, has been that false fire alarms can be sent In with no danger of detection, but Superintendent Bailey stated that the- same connection dials would be placed on all fire alarm phones. In case an alarm is sent In the fireman answering the phone can slide the dial and the fire department phone and the one from whence the call comes are locked. At the same time the alarm will be giv en to central, who will immediately L take a note of the phone calling. Should there be a false alarm the names of the persons or person sending In the call will Je ascertained much In the same way as the names of those making the phone a nuisance by their annoying actions, and will be dealt with accordingly. The record which Is kept by central at all

NUMBER 301. times will do away with the question of dispute as to where the call came from. The two objections were practically the only ones the future pat rons of the company could make, and since these have been exploded, ev erything seems satisfactory. Work is Being Pushed. The outside work on the new system is going forward with a rush, and other than the connection of a few cables east of Sixteenth street, it is practically completed. The substations as yet have not been completed but will be built In plenty of time before the automatic apparatus arrives In this city. In speaking of the speed with which the work has been carried forward in Richmond, Thomas Swaner, the outside - foreman', who has had charge of the stringing of the con duits .said yesterday that be had helped install a great many underground systems, but had never encountered the good luck with which he has been met in the. work here. The gang under his charge has not broken one cable and has been highly successful In all its operations. Long Cable is Laid. Yesterday a stretch of cable 541 feet long, the longest yet laid by the company and one of the longest ever laid in telephone construction, was placed In the conduits between North C street and Elm Place on North Ninth street. The work was done successfully and Superintendent Bai ley complied with the request of the Telephony Publishing company of Chicago, who but recently asked him to forward several pictures of the work of the electric motor in this city. Pictures were taken of the cables entering the ground and of the work of the motor. The work of this machine, although one of the first ever used in such work, has been em inently satisfactory, hence the request from the Chicago Publishing company. When asked as to when the new system would be Installed In its entirety. Superintendent Bailey laughingly remarked that he had quit guessing, and therefore, would, not state. It was learned, however, that all apparatus would be Installed by the latter part of June. - Not much hope is held out by the officials of the company for the completion of the new system before that date. Phone girls have many ills. For which they take some nasty pills; If a healthy and happy girl you'd be. Ring up for Rocky Mountain Tea. A. G. Luken & Co. Free advice given on the germ diseases of domestic animals. Write the National Medical Co., Sheldon, la. 9

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SITUATION !!! THE EIGHTH

SEN. BEVERIDGE PROTESTS Takes Exceptions to Postmasters Recommended at Muncie, Elwood and : Anderson Calls on the President in Regard to Matter. Anderson, Ind., March 4 Not in the history of Eighth district politics has there been raised such a furore over, the appointment of postmasters at Elwood, Muncie and here. The three-cornered fight has become so bitter that President Roosevelt has recalled the recommendations sent to the senate and the old men will continue to serve temporarily. The fight centers here in Anderson. Robert P. Grimes, the present postmaster, who was notified that he would be succeeded by Harry Hardie, again holds the whip hand. Ex-Governor Durbin championed the cause of Harry Hardie, and the announce ment tonight that his man had lost was a severe blow to him. Congressman George W. Cromer, who retires today, had recommended Hardie, but the appointment is being held up for the present. . i Beveridge on War Path. Washington, March 4. Developments are following each other In rapid succession in the Eighth district patronage contest. Senator Beveridge had on his fighting clothes Sunday, and he did not try to disguise the fact that he was mad clear through. At one time he made up his mind to sever diplomatic relations with Senator Hemenway, to suspend the. writ of ' habeas corpus and to wage war all along the line. Later his anger abated somewhat, and he Invited Senator Hemenway down into the senate restaurant, where they had a talk. The sum and substance of Senator Beveridge's allegations is that a deal was arranged between Representative Cromer and Frank H. Hitchcock, first assistant postmaster general, whereby W. A. Finch, postmaster of Elwood; Robert P. Grimes, postmaster of Anderson, and David Lambert, postmaster of Muncie, were to resign In order that Cromer - might name their successors before the Eighth district patronage passed over to the control of the senators; that these resignations were called for and obtained on a basis of stale charges, alleging that .the three postmasters were unduly active in raising money from postal "employes and pushing the interests of Cromer several years ago, and that the men selected by Cromer to succeed Finch, Grimes and Lambert bore the O. K. 4of Senator Hemenway and Representative WaF son. : Came Like Thunderclap. There was a time, as already stated in the dispatches, whan Cromer was within reach of the postmaster&hIp of Muncie., His name would have been sent to the senate last Friday had not Senator Beveridge interven ed. . When President Roosevelt sent the name of Harry P. Hardie to the senate for postmaster of Anderson, Senator Beveridge went "in the air." It was like a thunderclap out of a clear sky to him. He hurried to the White House and asked for an explanation. He told the President that If Cromer were allowed to name the postmasters of Elwood, Anderson and Muncie, ' the three strategic points of the Eighth district would pass Into the hands of as superb an organizer as Indiana ever produced (meaning Cromer), and that the advantage gained would not be used for the benefit of himself (the President), or for any one who enjoyed the President's favor. President Roosevelt accepted Senator Beveridge's statements and. In the presence of the senior Indiana senator he tore up the recommendation which Cromer had submitted, for the appointment of Frank Leslie Wachtel as postmaster of Muncie and directed that the name of Harry P. Hardie' for postmaster of Anderson be recalled post haste from the senate. Cheapest accident insurance Dr. Thomas " Eclectric OiL Stops the pain and heals the wound. All druggists sell it. Us artificial gas tor light and heat 10-tt PALLADIUM WANT ADS PAY.

News of the noil roado Local and General

COMPANY MOVING SLOWLY. Oublin and Centerviile Residents Hear . Nothing from the I. & E. Although the petition from the working men of Centerviile and Dublin was forwarded to the officials of the Indianapolis and Eastern traction line last week, they have heard nothing as regards to the action of the traction officials located at Greenfield. The petitioners asked for Commuters tickets, good for fifty-two rides at reduced rates. Just what action is taken by the Interurban company. Is wated with eager interest on the part of the working men. DENIES CURRENT REPORT. In speaking of the matter, as to whether the railroads of the country were trying to make the laws passed by the interstate commerce commission obnoxious In the minds of the patrons of the roads, as that body has insinuated in the past few days, a lo cal railroad official states that this was not true and especially so with the Pennsylvania. He said that the claim that the railroads were making all kinds of rulings which would make the existing laws seem harsh was tommy rot and that the new rules that have been made, were done to protect the railroads and not because the railroads had any motive other than that, in doing so. He further continued to say that many of the laws forced the railroads to make discriminations . along lines, where privileges were heretofore granted freely, but the profits of the railroad depended' largely upon these under existing conditions. Since the establishment of the new railroad laws which the legislatures have been prone to make, dealing quite severely with railroad corporations, he said that still further retrenchments on past favors shown, would have to be made. THE COLONIST TRAFFIC. The colonist- traffic for western points, opened at the Pennsylvania station March 1, and the number of tickets sold up to date and the number of persons expressing Interest in the rates, is larger than at any time since "An Interested Citizen Tells of Pasteurization of Milk and Need of Sterilization of Bottles. Richmond, Ind. Editor Palladium: I have noted the various discussions pertaining to the pasteruization of milk with much interest, as I was in the employment Ofvthe largest dairy in Cincinnati, for a pWiod of ten years, and feel that I fully understand the subject, as it is but a short time since I have quit that work, In the first place I would say, fpr the benefit of those who do not know, that pasteruization consists of heating milk In Its natural state to a given degree, and then imr mediately cooling, to a point just above freezing the hasty cooling in cold air pipes preventing the milk and cream from seperatlng, as would otherwise occur. f I would say that pasteurization undoubtedly kills all germs, but I would further add that pasteurization of milk without sterilization of the bottles, is useless, a point which seems to have been generally overlooked and if a pasteurization plant Is put Into operation, a sterilizer will be necessary with which to steam the bottles; as an ordinary cleansing, such as the bottles receive in the various homes, will not remove the many germs.- :.-.:' . - The milk in Cincinnati was not required to be pasteurized or bottled, but the firm found It largely Increased their sales, and helped to hold the trade, by pasteurizing their milk, and they handled In the neighborhood of five thousand gallons of milk a day, sterelized, pasteurized, arieated and " ' certified. Pasteurized milk sold at seven cents per quart. To my mind it is apparent that more danger lies in the bottles, than In the milk. Itself, as they come from various homes and contain many and varied germs without sterilization. Our wagons contained bottled milk as a rule, but a number of wagons carried milk in large cans to accommodate those who preferred it, as some people feared the spread of disease from the bottles. The bottles were closed by paper caps, purchased ,

BY O.OWEHKUHH

the colonist tickets were placed on sale at the local station. " Every day the ticket agents are met with many inquiries as regards to the extremely low rate to California. Probably ten local and Wayne county people have already, gone to the far west, and a still greater number are expected to take-advantage of the rates before they expire April 30th. FAIR PLAY A NECESSITY. " In speaking of the present railroad situation as to the lowering , of the present nassenger rates, a prominent railroad official of the Pennsylvania located In this city stated that fair play should be the plan, on both the part of the railroads and the people of this country- He said that .the legislatures in some of the states where the number of traveling persons was so small that the railroads could not afford to run their passenger trains at a two cent rate, were going after the railroads and adopting two cent laws. He said that the smaller railroads in the northwestern and southwestern states could not afford to run passenger trains and if pending legislation was carried through within a number of states, it was probable that trains would be abandoned. He continued to say however that should the railroads violate the law they should be pun ished as would any criminal. "Fair play" he said, "and a thorough under standing between the people of the United States and the railroads is all that will solve the multitudinous problems that are confronting both at the present date." , ARE VOTING ON A STRIKE. . The recent strike ordered by the officials of the Brotherhods of Railway Trainmen and Conductors is now being voted on by the members of the organization. It was. learned at the local station yesterday that the strike districts were confined to territories In round numbers I3SO.000.000 was spent last year, in rolling stock for the American railroads. More than $250,000,000 was spent for freight cars at $1,000 each. The price for passenger cars varies," but averages about $8,000. The price for a good by the barrel, from a Chicago firm. I personally believe in pasteurization, but as it is an expensive operation, I believe that the dairymen throughout the city should be allowed to handle both kinds of milk, the choice to rest with the customers. An Interested Citizen. TOWN TOPICS. Most people are accustomed to having their shoes shined on the exter-. ior, but interior polishing is some thing new. One of the leading artists in this line has the following sign hanging outside his place of business, "Shoes Shined Inside." A gentleman who had nothing to do for fifteen minutes on last Saturday, took note of the number of men who passed two saloons that are In proximity of Main street and out of the number which passed along, how many went into the two saloons. In fifteen minutes thirty-five men passed and out of the thirty-five, twentyfive went Into the saloon, nine into one and sixteen into the other. A certain reader of the Palladium who resides on the west side recently bought a pup.' He bought the youthful canine for a bird dog. After a while the dog began to put on the appearance of a bulldog and the owner became disgusted. . As it grew older it looked as If it might be a birddog. Last week the dog suddenly developed bows In Its legs and now the owner doesn't know what breed Of dog he has but it looks very much as if it were a nondescript. Work to Begin Early. If the present fine weather conditions prevail during the .next few weeks, the farmers will be In the midst of their spring plowing and already they predict that spring work will begin this year earlier than ever before. In anticipation for this, the rural residents have been " busy making preparations. Plows are being cleaned and everything placed in the best of condition that no time may be lost when the weather man turns on such powerful rays from eld King Sol that the ground . will thaw. At the present time the ground is frozen sev eral Inches. OdlQa

JUDGE RULES FOR CITY

LONG OPINION BY v FOX Declares that the Peddling Ordinance is Valid and that Henry Zuttemeister Violated It Of Interest to Merchants. Judge Fox In the circuit court yesterday made a ruling to the effect that the city peddling ordinance is valid. This ruling was made in the ease of the City of Richmond against Henry Zuttermeister and ia'tbe case of the City of Richmond against Harry Patridge and Ford Curry. Several weeks age Judge Converse in hearing these cases in the city court ruled that the ordinance was Invalid because It was unconstitutional. Attorney R. K. Shiveley for the defendants, averred that a clause in the ordinance discriminated between merchants engaged In the same class of business. ' In his ruling Judge Fox stated that one of the exceptions contained in the proviso of the ordinance exempts all peddlers who produce their own merchandise from paying for a license to operate under. This clause in the proviso creates two classes of peddlers and eliminates discrimination. The ruling will be of great Interest to all local business men and Is In part as follows: Opinion of the Court. The defendants In the above entitled causes are charged with violating an ordinance of the city of Richmond by peddling bananas in said, city without procuring license so to do as required by said ordinance. Substantially the same facts are charged in each case and for the purpose of trial were admitted to be true as charged. The only question submitted for the determination of the court Is the validity of the ordinance In question. Its validity is challenged by the defendants as being unconstitutional in this: that it discriminates between persons in violation of Article CS of the Bill of Rights which provides: That the lawmaking power "shall not grant to any citizen, or class of citizens privileges or immunities which, upon the same terms, shall not equally belong to all citizens." Scope Was Limited. It was conceded in argument that the city of Richmond has the power to require persons desiring to peddle merchandise within Its corporate lim its to procure a license before so doing. Acting under this power the city council enacted the ordinance upon which this suit is brought. The body of the ordinance is sweeping In its terms. It provides, "That it shall be unlawful for any person to pursue the business of a peddler In the city of Richmond without first obtaining a license in the manner provided by the ordinances of said city." It is further provided in the ordinance that: "A peddler for the purposeof this ordinance, shall be held to be any person who, by solicitation or outcry, takes anything from house to house in any manner and offers to sell the same for money." Standing alone, these provisions would require all itinerant venders of merchandise in said city to procure a license. It would prohibit the selling of milk and bread and all other domestic products unless a license was procured.' Evidently the city council did 'not desire this, so a proviso was added to the ordinance for the purpose of limiting its scope. In this proviso it was provided that the ordinance should not apply to "any person selling or bartering fruits, vegetables or ordinary farm or garden produce, fish, fowl, grain, meat and the like, of their own production." This proviso, it is claimed, makes a discrimination between persons and creates a monopoly so that it falls within tbe-prohlbition contained In the section of the Bill, of Rights above mentioned and is con vwv

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sequently void . as being unconstitutional. Purpose of the Council. The evident purpose of the eity council in enacting the ordinance in question was to regulate and restrain hawkers and peddlers from vending merchandise in a cheap way from house to house within the city limits and thus interfering and coming in competition with reputable and established merchants who, by Investing their means and providing flxor places of business, and paying taxes on their merchandise, help to build up and maintain the city in which they reside. While this is true, it is likewise apparent that the council did not propose to Interfere with the citizens who invest their means and bestow their labor in producing marketable merchandise. To him, in the way of encouragement, was extended an open market without restrictions, while the man who sought to, reap without sowing, was required to pay for the privilege. And who will say that this discrimination is unjust? It is manifest that the defendants were not producers, for It Is a matter of common knowledge that bananas are not cultivated in this climate. We now come to the point in the case that overshadows oil the others, and that is: Do the exceptions contained in the proviso render the ordinance invalid as being unconstitutional? Does it render the ordinance obnoxious under the section , of the Bill of Rights above mentioned? Does It "grant to any citizen or class of citizens privileges or immunities which upon the same terms do not equally belong to all citizens?" It is a cardinal principle in our theory of government that all persons stand equal before the law. Favoritism Is not tolerated, but when does it exist? In answering this question the distinction between persons, as a -class and of a class should be kept In mind. In one sense all legislation is class legislation. A law upon any subject with a definite object in view, will only affect those who come within the range of Its previsions. Thus a law regulating railroads will only concern those who own and operate railroads. A law providing for the construction of drains and ditcjes' will only affect those who construct drains and ditches. So, a law regulating the sale of intoxicating liquors will not concern those who are not engaged in the traffic. While such' laws in their operation are intended, to and do apply to only certain classes, yet it is well understood that they are not for this reason objectionable If they are made to apply generally

to all persons under the same conditions. This' is the test. Legislative classification of persons must be based upon substantial distinction which render , one class essentially different from another. To whatever class the law applies, it must apply equally to each member thereof. It the basis of a classification Is valid, It Is wholly immaterial how many or how few constitute the class. This being the law, how stands the case under consideration? When the body of the ordinance and the proviso are construed together the intention of the makers of the -ordinance' becomes ap parent, and that Intention Is to deny to non-producing peddlers, as a class. ' the privilege of vending merchandise ' In the streets of Richmond without ; first procuring a license so to do. The requirements of the ordinance apply generally to all members of this class ' without discrimination. One , of the exceptions contained In the proviso exempts 411 : peddlers : who produce their own merchandise, thus creating another class. - The distinguishing features between these classes are plain and well marked. One cannot be mistaken for the other. The discrimination made by the ordinance is between the two classes and i cslly understood. This discrimination the city council had the power' to jmske. After a careful examination of the authorities, I am clearly of the opinion that the ordinance Is valid and that the defendants under the admitted facts are guilty of violating It. For this reason there will be a find ing for-the plaintiff. V BOo. AND SI.OO. J, GBft In) S) Sinftfo Afc

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