Richmond Palladium (Daily), Volume 32, Number 283, 22 November 1907 — Page 1

RICHMOND FA ABIUM AND SUN-TELEGRAM, VOL. XXXII. xo. 28.5. RICHMOND, IXD., FRIDAY EVENING, NOVE3II5KK 22, 1JK)T. SINGLE COPY, 2 CENTS.

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WILL MAKE HIS RULING 01 WAYNE COUNTY CASE

CHARLES E. NEWLIN, DEPUTY AUDITOR, WITH ATTORNEY GENERAL BINGHAM ERENCE TO THE NEW DEPOSITORY

BIIIGHAM ASKS FOR' WRITTEN STATEMENT Opinion Will Be of Interest to the Treasurers of many Cities Of the State, Who Have Similar Complaints The Indianapolis News Believes Alarm Expressed Is Needless and Gives Its Reasons.

Charles E. Newlin, deputy auditor of "Wayne county, consulted with Attorney General Bingham at Indianapolis, regarding what seems to be, the embarrassment of certain cities by a conflict of the cities and towns law and the depository law. The treasurer is required to deposit daily all funds coming into his hands, hut can not draw cjut the city's funds except at? the time of the semi-annual distribution of taxes. Some way of meeting the current lty expenses under this condition of affairs Is desired. Mr. Bingham asked Mr. Newline to Fend him a written statement of the case, and promised to Elve hiin an opinion then. Treasurers in other cities of the state are making the same complaint. The Indianapolis News editorially, eays on this subject: It seems to ua that certain city officers show needless alarm over a supposed defect in the public, depository law. The question raised, is. of course, one for the lawyers, and yet it does not seem to be difficult. The only cities involved are those whose treasurer is also county treasurer, as in the case of Indianapolis. The law requires that such officer shall make daily deposits of all money received by him, and "that all taxes collected by the county treasurer shall be deposited as one fund in the several depositories eelected for the deposit of county funds, until the same is distributed at the following semi-annual distribution made by the county auditor. ' The theory is that, under this provision, the cities will not be able to draw on the taxes due them oftener than once in 6ix months." Obviously such a restriction might be very embarrassing It Is certain that the legislature had no thought of thus hampering the various municipalities, no purpose whatever to do so. As a matter of fact, did it do no? Immediately following the words quoted above are these words: And no such officer shall draw any check upon any such depository for any purpose except for the payment of a warrant drawn by the Auditor of fetate, or warrant or order drawn by the county auditor, or the proper officer of a city, town, or school city, or school town, or In payment of a legal claim against, a township or school township. All the warrants and orders for the payment of public money, excepting state and township funds shall be drawn by the proper of ficer upon the proper treasurer, and to eech warrant and order, when drawn, may be attached a readily detachable fclip, showing the number, date and nmonnt, name of payee, the purpose, the fund upon which it is drawn, and the name and office of the drawer. Such warrants and orders shall be presented to the proper treasurer, who shall detach and retain the slip, and stamp upon the warrant or order the name of the depository by which such warrant or order is payable, and countersign the same, and no warrant, or order shall be effective until so stampea and countersigned: Provided, howTer, that the said treasurer, when such warrant or order shall be presented for stamping and countersign, ing. may after stamping and countersigning the same, for convenience of The person presenting the same, pay the amount thereof to such holder presenting the same and take an assignment of such warrant or order and deposit the same in proper depository In lieu of the cash so paid out to the holder of snch warrant or order. It seems to us that these provisions cover the whole ground. I'nder the law as it now is the city controller draws warrants or orders on the city treasurer who is also the county treasurer and these are honored by the officer on whom they are drawn. This, as we view the case, may be done Indeed must be done, under the new law. For in providing that no treasurer shall draw a check on a public depository "except for the payment of a warrant drawn by the proper officer of the city." it also provides that he must draw a check in payment of such warrant.. The law in truth goes even further and provides that the treasurer may pay such properly drawn warrant In cash, turning in the assigned warrant to the depository as cash. The provision that there shall be only the usual semi-annual distribution of taxes docs not, as we think, conflict with the provisions that we have set out. Pending the tiisli ibut ion the treasurer may honor checks drawn by the proper officer, iu wie ore:inary coiii se. and ae- j cording ft law. out of whatever fun '.sj lie may noiei on deposit against whe-li the cheeks are a legal and proper charge. When such a chock is drawn by "the proper officer of a city "in these cases the controller --it seems to us that the treasurer must honor it. Fairly construed we can see no eontradiction in .the new statute. Though all taxes collected must be deposited one fund, and kejp.t as such, till th.

CONFERRED IN REF-LAW.

distribution is made there need be no difficulty hi knowing whether the city has .sufficient credit to cover any check that may be drawn, course, is the real question. Phis of For tin-1 der the present law the treasurer must keep an account of the money j received by hiin for taxes duo the. city, and on the first day of each monui ue. is requneu id rect-ipi. iu hit controller for the amount collected for the preceding month, which amount then becomes available for the city's use. But may he not keep such an account now, even though he makes distribution only at the end of each six months? He certainly is not forbidden but rather is required to honor checks drawn against the city's deposit. The only question seems to be as to whether he can know what the city's deposit, is. or whether it really has a legal deposit, in advance of distribution. If there is any serious difficulty with the law we think :e lawyers would do well to give it their prompt consideration. Of course, the fact, that the enforcement of the law may embarrass certain cities of the state does not go to its validity or constitutionality, but only to its wisdom. If necessary it can easily enough be amended in this particular. But we are by no means convinced that any amendment in this regard is needed. Possibly it would be well for the Attorney-General to look into the matter.' The purpose of the law was to give the people possession and control of their money, to treat it as a public fund and not. as the capital of the of ficer charged with its custody, and not at all to deprive them of its use when it was needed. These ends can be attained without subjecting any city to annoyance or embarrassment. We doubt whether the new law is fairly open to the objections that are now -being made against it. CREW ARRESTED AS RESULT UF WRECK Two Fatally and Five Seriously Injured in a Collision At Sandusky, 0. SPEED LAW IS VIOLATED. IT IS CLAIMED THE INTERURBAN WAS RUNNING AT TOO HIGH SPEED AND PROMPT ACTION WAS TAKEN BY THE OFFICIALS. Sandusky, O.. Nov. 22 Two were fatally and five seriously injured in the collision of an empty Lake Shore traction and a city car this morning. The motormen failed to observe each other until too close to stop on the slippery track. The police allege the interurban was runinng at a high rate of speed, and arrested C. P. Beldon, motorman and Albert A. Laudlin, a conductor. All the injured were in the city car vestibule, which was smashed fn. The fatally injured are Fred Horn, motorman, and J. B. Mauf. The seriously injured are John Holzhaner. Wm. Jakes, conductor. Geo. Coleman, John McLaughlin and an unknown Italian. BIG SHIP BREAKS THE RECORD FOR ONE DAY. j New Yor! Nov. 22 The big ship the largest turbiner in .Mauretania. the world, arrived off Sandy Hook on her maiden voyage in a fog today. She broke the one-day record by steaming 024 knots. The official time of the voyage was five days, four hours and twenty minutes. New Record for Eastern Trip. Liverpool, Nov. 22 The bisr Cumrd-! ; er Lusitania. arrived at this port this 1

morning, making a new record for thejlowed Mr- Study. His argument was

eastern trip from New York. She had a fine voyage in four days, twenty-two hours and fiftv minntps Tt n remarkable showing in view of th uale eMicountered. THE WEATHER PROPHET.

INDIAN A Rain Friday night or Sat-j Mrs. Evans. Robbins stated, was unurday In south portion, fair in j corroborated aud that the defense had north; northwest winds becoming ' impeached Mrs. Evans as a witness, variable. j Henry L. Johnson, attorney for the

j OHIO Rain Saturday; light to fresh winds btcemtng variable.

PRMSIHT BLUFFTOH

Methodist Home Missionary Society Meets. MRS. BUNYAN IS HEARD. Bluffton. Ind.. Nov. 22.-The sessions of the annual convention of the Woman's Home Missionary society of the Northern Indiana conference, are being held at the First M. E. church, with Mrs. J. 0. Murray, of L-igonier, president, of the district, presiding. Devotionals at the opening of the convention were conducted by Mrs. E. M. j Haughton of Richmond. The convention was in session until noon today and about 100 delegates ' were in attendance. The convention originally intended to go to Elwood, ' but only last week was assigned to ; Bluffton because of the illness of Rev. ; E. E. Neal, pastor of the Elwood ! : I . ..v. rrr. . : , . .... 1 uum.ii. 1 J'lojtiam iiaiuuin itni of district secretaries. o.r-n v. r. Mrs. L. H. Bunyan. Richmond, KEPLER CLEARED By VERDICT OF JURY IN THE CITY COURT It Did Not Take Long to Reach A Decision Following the Close of the Argument Thursday Afternoon. DEFENDANT OVERJOYED BY FINDING OF THE JURY. By An Odd State Law, Members of the Jury Will Not Receive Pay for Their WorkSome Splendid. Argument. After being tried three times on a charge of assault and battery on Mrs. Laura Evans, a colored woman, Alonzo Kepler has at last been found not guilty of the charge. Arguments in the third trial were concluded Thursday afternoon about 4:r0 o'clock and the jury immediately retired to consider the case. It was generally thought the jury, like the juries in the two first trials, would be out a greater part of the night before reaching a decision. Much to the surprise of everyone the foreman of the jury announced at 5:30 o'clock that a verdict had been reached. The attorneys in the case and Mr. Kepler were at once notified and by 0:30 o'clock all had assembled at the city court. The jury then filed in and the foreman announced that the defendant had been found not guilty. Mr. Kepler, with tears in his eyes, rushed to the jurymen and after vigorously shaking hands with each one of them, he invited them all out to dinner. The jurymen refused to accept the invitation but lost, but little time in inviting themselves to a hearty repast. For the three days the jury, men were engaged in this case they will not receive one cent for their services because the defendant was found not guilty. By reason of an odd state law a jury in a city court must return a verdict of guilty before they are entitled to any fees. Jessup Opened Argument. Prosecuting Attorney Wilfred Jessup made the opening argument in the case. He refrained from personalities and confined his talk to an explanation of the points of law involved in the case. It was a clear cut argument. Attorney T. J. Study for the defense, followed the prosecutor. Mr. Study argued that Mrs. Evans, the prosecuting witness, had been impeached in that the defense had proven by jurors in the first trial Mrs. Evans had testified that Kepler had taken hold of her twice and that on Wednesday she had testified that he had taken hold of her three times. Mr. Study also cited the fact that Mrs. Evans" prejudice against her race was shown by the fact that all the character witnesses from Fountain City presented by the state were white. Mr. Study used this fact to Illustrate the probability of Mrs. Evans becoming angered at Kepler because he had told her she was colored and that he would not negotiate a trade which would place a colored family in a white neighborhood. Jnn F. Robbins for the defense, folto the effect that the law required that a person should not be found guilty of a charge unless the jury or court was satisfied from the eviderfce that he was guilty beyond a reasonable doubt. Mr. Robbins stated that in this particular case Mr. Kepler had not been proven guilty beyond a reasonable doubt. The evidence introduced against him bv prosecution, closed with a brilliant arjgument in which he arraigned Kepler Jo a most visorou manner.

HOSPITAL DAY IS ENTIRE SUCCESS: $54B!47SECURED Receipts Were of Such a Liberal Nature as to Surprise Even the Most Optimistic Promoters of the Plan.

MEMBERS OF THE AID SOCIETY MUCH ELATED. They Did Not EXpeCt SO Large An Amount Would Be Given Unsolicited Will Abandon The Market Plan. Hospital day was a success: a success far beyond the most optimistic expectations of the members of the Ladies' Aid society of Reid Memorial hospital, under whose auspices the day was set apart. Five hundred fortysix dollars and forty-seven cents were received from residents of Richmond, and others who made donations through their warmth of feeling toward the cause. Women of the organization were highly elated when money from the j various stations was counted. Mrs. Gertrude Henley, one of the prime movers of the affair, and who for the past year has urged the society to attempt such a plan in preference to conducting annual markets, says she did not expect such a large amount to be given unsolicited. Mrs. Eugene Price, another of the more interested said that little had she dreamed the amount would be so large. Market Is Abandoned. The aid society will entirely abandon the annual fall market, through which it has made much of the money to carry on tha work at the local hospital. It has already been decided that hospital day shall be repeated next year. - It. is thought as the public becomes more acquainted with the purposes or the day, it will look forward to the event and each year the!

donations will be larger. jopuwou lui - Women stationed at the various ! Haute, Indianapolis & Eastern tracbooths about the city report that they ' tion company against the city of Richreceived most cordial treatment, and ! mond to nermanentlv enjoin the city

people were loud In their prase of the movement. The idea of free will eiv

ing. such as characterized Thursday's'11 to be illegal to operate traction cars event was sanctioned. Women of the ion Main street from Eighth street east

society now believe that this is the best way of procedure. OE ROSS AND LITTLE FIGUREEMH "STEW" A Hostler in the City Court Smacks Strongly of the Bowery Setting. IS ARRESTED FOR DRUNK. SAYS RICHMOND IS A CHEAP TOWN AND CLAIMS HE CAN GET !

B002E ON SUNDAYS AND ON.uith tho raw in miostinn than .Tnriee

HOLIDAYS. Robert Little, a hostler who claims he has just recently come here from Buffalo. N. Y.. but whose looks and language bespeak of the Bowery and the Long Island race tracks, plead guilty to drunk this morning in the city court. Little was picturesque in a red flannel undershirt showing in spots under a blue flannel shirt. The coat was missing. After he had been fined $1 and costs Little informed the court that he saw no reason why Offl-

cer Little, who arrested him, should to prohibit the operation of traction have taken him to jail without his cars over any street in the city. Mr. coat or why the officer had led him Study says that the city's case is esdown an alley and threatened to club pecially strong by reason of the fact him, or why another police officer had that the traction company has no franfollowed in the wake and constantly chise to operate tractions cars on Main accused him of other offenses. ! street. "You'll get your coat," said the ;

court. "Maybe I will. I left dat coat hanging in de livery barn where I was woiking.'' (this word "woiking" is Bowery for "working." for reference consult the George Ade dictionary.) Little then boastfully related how , Thursday he and "de boss" had tak!en a drive and tat the boss had pro

duced a bottle and both of them "got J-1 on l"H S'U!;- ("' ' u,s aiaiemeui ; ed if fce had as yet begun an investiga stewed." With a laugh Little said . ,ook a larE:P "rr.ount of starch out of ; tion of the county tax question with that it was "de foist time de boss had the Bower" lad- ! the end in view of prosecuting by civil tasted a drop of booze in ten years.'; Mikesell Reappears. suits all people who are delinquent in After Judge Converse left the room William Mikesell was fined $3 and i their poll tax. Uttle continued his abuse of the pe costs for intoxication.. Some time ago' Mr. Jessup stated that County Treaslice officers and stated that he knew ; Mikesell promised the court to cut urer B. B. Myrick. Jr.. Is now making where he could get booze in Richmond out the booze. He admitted that his up a list of all poll tax delinquents cn Sundays and holidays. "Come in ; attempt at reform had proven a fail- and that as soon as this list is remand tell the court where these places ; u re. He blames his son for having pleted. which will be some time, as the are", said Officer Vogelsong. He led , him arretted. Mikesell stated that he list is a long one. he whl immediately

Little before Judge Converse but Little impudently refused to make any statements; however, he said Richmond is a cheap town and that he dida't car a--viioo for a measly $1

HANDLING A REVOLVER: LOSESJNDEX FINGER Ralph McConnaughey Has Accident at Hagerstown.

AMPUTATION IS NECESSARY Hagertown. Ind.. Nov. 22. While handling aud examing a revolver at his home Thursday, Ralph McConnaughey. the nfteen-yecr-old son of T. L. McConnaughey. had the iudex finger on the left hand torn to pieces. Dr. L. C. Lamar bandaged the wound and will amputate one finger tomorrow. DR. JAY IS NOT IMPROVED. The condition of Dr. J. W. Jav who has been ill for several weeks, is im proved. He is entirely helpless and is still considered in a critical condition. CONTINUES TO IMPROVE. Sharon E. Jones, who is in aChicago hospital, continues to improve. ANDERSON BUSY IH THE WALSH CASE; DELAY EXPLAINED $00n as Hearing at CfliCago Is Concluded, Will Take Up the Contention Between Richmond and Traction Co. LANDIS SUGGESTED, BUT ANDERSON IS PREFERRED City Attorney Study Is Confident the City Will Win the Point That Is Has Right to Prohibit Operation of Cars. rit Attorney T. J. Study is of the iUt 41, - tyia Torr i from enforcing an ordinance declaring will be heard by Judge Anderson of the United States" district court at Indianapolis as soon as the hearing of the John R. Walsh case at Chicago is concluded. The hearing of this case of national interest is before Judge Anderson. Mr. Study thinks that all of the evidence in the Walsh case will be in within a week's time and that it will take Judge Andersou but little time to reach a decision. "After that," said Mr. Study, "I think Judge Anderson will be ready to hear the case of the Terre Haute, Indianapolis A: Eastern agaiust the city of Richmond. Does Not Want Landis. I Ii9 hwii Kiip-frpctprl that the citv ask

to have the case heard before judge! the order, which wi'.l be held at the ! Thanksgiving day in the Masonic Hall. Landis of the United States district ; Gennett theatre Sunday afternoon. ! Williamsburg, Ind Price 2.1c Prom,o,. w tt fit,v . . I cepds to h Ut !' running ex-

fers to have the case heard by Judge ; I Anderson. Air. aiuuv states mat. Study states that ! Judee Anderson is better acauainted Landis and that consequently he would be able to give it more intelligent consideration. ' Mr. Study regards Judge Anderson as one of the most brilliant jurists in the state and he is greatly "pleased be cause the traction company brought! this suit in Judge Anderson's court.; Judge Fox is also a great admirer of ! Judge Anderson. It is thought the j hearing of the traction case will be' made before Judge Anderson within the next two or three weeks and Mr. Study is confident that Judge Anderson will rule that the city has a legal right and cost fine. After making this statement Little was led back to the court room wher .Tiide Converse in- , T ., , . ,. ... , . created LMtie s fine to $. and costs, th maximum amount for a first of-feT-e. th-n informed Little that he '0,ib-l instruct the slcerilf. to work .1'5 every day he was at the county

was slee ping off a jag in his sen's take steps to bring suits against all coal shec, and w as harming no one. these delinquents. He was awakened from his alcoholic By the statement made by the prosdreams ly the rude grasp of a police ecutor in regard to the high tax rate

officer.

MORMON

TO EVANGELIZE THE WORLD ADVANCE GUARD HAS ARRIVED IN RICHMOND AND MEETINGS WILL BE HELD ON THE STREETS, SATURDAY, SUNDAY AND MONDAY. OTHERS WALKING FROM PORTLAND, IND. Coming of the Missionaries Was Not Unexpected as Some Time Ago the City Was Flooded With Their LiteratureTrip from Richmond to Be by Foot to Brookville Try to Sell Mormon Bibles.

One of the two bands of Mormons. ; which are now touring Indiana, hoping ! to further teach the principles of their religion and set aside misconceptions of the customs and beliefs of the church, will be in Richmond Saturday afternoon and night. Sunday afternoon and night, and Monday night, to hold services on the streets. Presiding Elder O. S. Cordon, with one of his assistants arrived in the city today to make preparation for the reception of the six other members of the band who are now walking from Portland, Ind.. to this city, distributing Mormon literature enroute. According to the statement of Presiding elder Cordon, the band is one of the hundreds sent out to evangelize the world by president of the Mormon church. .Tosefili F. Smith, of Salt Lake City. Utah. The men who will be in Richmond carrying the banners of the church are all from Utah and Idaho, the hot bed of Mormonism. The advent of the Mormons in the city is not entirely unexpected, for several weeks ago Mormon literature of all kinds was distributed freely throughout the city and county by mail. It was then predicted that thU would be followed by the missionaries in person, who would further expound the doctrines aud teachings of the curious religion, over which so much has been said within the past few years. When asked whether or not it was originally planned that this system ELOQUENT SPEAKER" SECUREDOY ELKS Benjamin F. Shiveley Will Deliver the Annual Memorial Address. AT GENNETT DECEMBER 1. PROF. WILL EARHART HAS CHARGE OF THE MUSIC AND A SPECIAL EFFORT WILL BE MADE IN THIS LINE. Elks of Richmond have secured the

services of Benjamin F. Shively ofiANNUAL THANKSGIVING DINNER. South Bend, Ind., to speak before j them and their friends on occasion of I The Williamsburg CemeteryAssothe annual memorial day exercises of j ciation will give its annual dinner

Mr. Shively is a promin - ent figure in Indiana affairs, having! i bet3n a member of congress for three terms, and is now looked forward to ' as a probable democratic candidate' for governor He is one of the most lnnt mn in Indiana today and

TAX RATE IS TE1 PER CENT HIGHER THANJTSHOULD BE This Is Due to the Fact So Many Fail to Pay Their Poll TaxProsecutor Wilfred Jessup Has Been Making an Investigation Will Make an Effort To Collect all Delinquent Sums.

"For the reason that so few peop' assesse4 for poll tax pay their aseest , , . , ! merits, the tax rate of Wayne countv i " '-v cent hi;-!;cr than u should be I make this statement after havin; . ma,;e a careful investigation." sta'r prosecutor Wilfred Jessup when ask tin this comity madextecessary by the

TOUT should be followed, mitttd that it was. Elder Cordon uWatched With Interest. advent of i he Mormon.- in RichThe ! mond is watched with interest. Their reception on the stre-ets and their beliefs as i hey will impound them in these public meetings, are matters of s-ome ctiriositv. Recent 1 in several Il.inois towns Mormon lui.-sr'onaries were forcefully expelled for teaching their gospel. According to the statement of Presiding Elder Cordon, the United States as a whole, has been divided up' into six missions, Richmond being in the one known to Mormon elders as' "Northern States." The Indiana district is known as a conference. While one of the bands will In in Richmond, the second state ompany will be laboring at New Castle. Monday, the six Mormons who ar walking, will leave Richmond for Brookville, via the public highwa. During their walk to that city they will further distribute literature end make an endeavor to ell Mormon bibles. Meetings will be held in the small towns enroute. The men who will conduct services Tn Richmond are: Presiding Elder O. S. Cordon of Rigby. Idaho: J. F. Dayton. Dingley, Idaho; L. J. Jensou, Baysalt. Idaho; W. H. Madison. Salem, Utah; E. R. Mead, Pueblo. Col.; B. Hamilton. Salt Lake City; R. F. Chum way , Clark City, Utah, una J. A. Wheeler of Mapleton, Idaho. Elks of this city are congratulating themselves that they secured his services. The coming memorial day will be the seventh conducted in Richmond since the organization of the lodge. Prof. Will Earhart is arranging the musical program which has not yet been completed. The Gennett theatre will be platted as has been the usual custom, and the plat will be opened at the Westeott pharmacy on Monday morning. Nov. 25th, at eight o'ebck. Each Elk will hv limited to six tickets. Ah many Elks last jear reserved seats which they did not use, the committee in charge of the arrangements, has laid particular emphasis uimn the fact, that no tickets bhould )nt reserved unless the holder is sure he can use them. Prof. Earhart is laying particular emphasis on the- musical program and many of the most prominent singe-rH in the city have been engaged for the1 occasion. 1 penses in keeping up cemetery. It j punnCC QT PATDIPlC l"IAY Minneapolis, Nov. 22 Articles were signed today bv Nelson and Gans to i meet in a finish fight, March 17th. I .rge number of people who are delJn lent in their poll tax, it will be teen -st the strict enforcement of the deinquent poll tax law will be a great euefit to those citizens who regularly nd conscientiously pay their taxes, fre tax rate of Wayne county is quite ilgh at the present time and a ten per ent decrease would remove quite a urden from the sho;ders of the responsible citizens. Prosecutor Jessup and County Treasurer Myrick have been urged by arge number of property owners to lose no time in taking steps to solvv the delinquent poll tax questions. Quit a large number of poll tax delinquents, who have in the past taken this tax as a Eort of a Joke, have by the actions of the county officials, been awakened to the duty they owe the community and have called at the of fice of the county treasurer to mak their long delayed settlements