Richmond Palladium (Daily), Volume 33, Number 17, 3 March 1908 — Page 1
RICHMOND PAIXABIXJM AIMD !$UN-TELEGRAM. voi xxxii r. xo. it. RICHMOND, IXD., TUESDAV EVENING, 3IAKCII 1!H)8. JSINGM; COPY, 2 CENTS. CONVERSE RULES AGAINS SIXTH DISTRICT IN THE POLITICAL LIMELIGHT HOW TARIFF REVISION POSED WITH DEAD IAFT CHEERED TO THE ECHO BY THE iinuh WITH RICHMOND CITY COUNCILMEN THE MEAT Republican Members Want Treasury Department to Gather Information. Chicago Artist's Model Placed Among Stiffs to Pose For Photograph.
T
SOMETHING
ionun
ORD NANCE
OHIO
CONVENTION
CITY JUDGE HOLDS THAT THE MEASURE IS INVALID BECAUSE IT IS UNREASONABLE, PARTIAL UNFAIR, OPPRESSIVE AND DECIDEDLY PROHIBITIVE REASONS FOR THINKING SO.
DOES HOT APPLY TO THE FARMER'S, THE JUDGE THINKS On Construction, the Ordinance Might With Reason Be Held as Not Applying Outside of Richmond. IF APPLYING ONLY TO CITY, IT DISCRIMINATES. Reasonableness of the Law Is Doubted, But Courts Are Left to Decide This Part of The Ordinance. STUDY APPEALED THE CASE WILL BE TAKEN TO THE CIRCUIT COURT WHERE JUDGE HENRY C. FOX WILL HAVE TO DECIDE TJN MERITS OF CITY LAW. HE FAVORS INSPECTION. Judge Converse However Says It Should Be Brought About Without Injuring Any One Would Be a Hardship Now. This morning in the city court, Judge TV. C. Converse ruled that the Richmond meat inspection ordinance was unconstitutional. This decision was rendered on the demurer of Attorney "Wilfred JesSup to the complaint filed by City Attorney T. J. Study, which raised the question of the constitutionality of the ordinance. The court did not agree with Mr. Jessup's contention that the ordinance was unconstitutional because it interfered with interstate commerce, the court holding that it did not interfere, but that it was invailid for other reasons. City Attorney T. J. Study after the decision had been rendered, gave notice of an appeal to the circuit court. Judge Converse declared the ordinance invalid because of its unreasonableness and unfairness in application and operation. The decision rendered by Judge Converse was the result of the arrest of C. B. Hunt, a Main street aocer. several weeks ago. on a charge i of having violated the ordinance, it be ing charged that Mr. Hunt sold uninspected meat which he purchased from farmers. When the case was first given a hearing in the city court, Mr.
Jessup. who represents Mr. Hunt, rais-i 110 i -ppik-iuuh. cd the contention that the ordinance i "We nave Iaws akins It a penal ofwas invalid because it had never been ' ense to sel1 I",trid- PoHmI and diseasj.roperly signed on the record book. On , ert nieats aud Riding a penalty for this contention the court made a rul- j Nation. should be watchful, ing favorable to the citv. Mr. Jessup but we can 1101 iniIose M1(,h requirethen filed a demurer to the complaint ! lnents as are iu tnis ordinance and entered against Mr. Hunt bv the city. I plaoe the whole burden Pn the e This demurrer was sustained bv Judge ! who slahters and sells as the farmer Converse this mornlntr j does, without working u hardship that
The following is Judge Converse's opinion on the meat inspection ordinance as rendered by him today: "This ordinance was enacted under the police powers of the city. Police jwwers are broad and their limits not veil defined. However, they have a vide range in matters of public health, jmblie morals, public safely, etc. and viil not. be held invalid when exercised through statutes and ordinances, or deileclared to be in conflict with the constitution unless unreasonable, oppressive, partial and unfair in their application and operation. They must have regard for the rights of people upon vhom they operate as well as regirds for the rights of the public sought to be benefited. This ordinance falls within that recognized power. "Other questions arise in consideration of the ordinance in question. For instance, as to whether or not, the ordinance applies to the slaughter and inspection of animals outside the city , V V rnond. and if ,t does, whether .t appl.es to those only who of Richmond. tir not t-laughter as a regular business. The
:?VTn C r TlV1Min a not guilty ami iSrflrimin?! 72 el' J n'T of hl CMe WM quasi-cnnilnal satutes and ordinances March 17. The trial of S. M. Lease.
are to ue coustmeu strictly, out ordi-1 charged with grand larcenv, has been ranees not so strictly as statutes. An set for March 19. Lease stole a conordiuancc mut be considered as a I siderable amount of money from his y jiolc." employer, i 11 " r:.ml.rii:Ce Here ..the court minted out that Sec-1 City.
tion 1 of the ordinance is broad and may be applied to everybody; that Section '' may be exclusive as applying only within the city of Richmond, and that Section ." may be exclusive as applying to those only who are in the slaughtering business. "On construction. the ordinance might with reason be held as not applying to the slaughter and inspection outside of Richmond, or only applying to those engaged in slaughtering as a business and not applying to those who slaughter incidentally and not as a businessthe farmer, etc." continues the decision. "'If applying to Richmond only, it is invalid lor discrimination.
If the method of slaughter and inspec-! tion applys only to those in Richmond ; or those engaged in it as a business rfr,0. 1 f,,mr fV,,,,, it is bad for indefiniteness. ! "Grant that the-ordinance applies to j all, another inquiry arises. Is it rea-1 sonablc It is lor the courts to determine the reasonableness of an ordinance. Power to enact ordinances is given expressly or by implication. If the statute authorizing an ordinance is definite and prescribes and defines the manner and form of enactmeut, etc., its reasonableness can not be questioned, if the statute, is itself constitutional. If not definite, and only grants a power, its reasonableness can be questioned. In this case the city has the right under police powers and by au-, thority of the statute to enact ordinances for inspection, slaughter and sale of animals for food within the city of Richmond as concerning the public health and welfare, but has not the right to enact an ordinance that will be unreasonable .oppressive, unfair and prohibitive in its operation and application. "Ordinances should be general in their nature, and impartial in their operation. If this ordinance is construed liberally as applying to all. then it is unreasonable, unfair, partial and oppressive to one who is eyri in the business outside the ;ity of Richmond, and especially so as to the farmer and others who incidentally slaughter animals for human food for their own use -once or twice a year and have a stir plus to sell, and by its very application ; would become practically prohibitive as to them. The ordinance unreasonably deprives them of a right they, had and enjoyed and that cannot be taken away from them on the ground that it is for the public health and public good when in its application and operation it is unreasonable. It is unreasonable for the reason that it requires the inspection to be made at the time and place of slaughtering by an inspector appointed by the city of Richmond and under the act of congress of June ;0, ItHMJ, which requirement is clearly tinreasonable as applied to the farmer or me who slaughters animals for food incidentally "I am not opposed to proper meat inspection, and the same can be accomplished. but must not be to the injury of any one and at the expense of any- , ... ,,,,. ones rights. "The reasons for- inspection at places ; Tvhorn slinirhtpriTif r,f nrlmnk 1 ,nr""O - ............. vied on as a business are apparent. Inlection by disease from animals slaugh-1 tered by farmers is reduced to a in in-1 lmum The act of congress referred to ex cepts farmers and retailers. Why? Evidently for the same reason as is ! here advanced to-wit: its unreasonableness, partiality and unfairness in ! i . . , . ....,1 l : i! is very apparent. "The ordinane is. therefore, held invalid as unreasonable, partial, unfair, oppressive and prohibitive." BOLIN iS ARRAIGNED Negro Entered Plea of Not Guilty to Charge Registered Against Him. HIS MURDEROUS ASSAULT.
Pete Bolin, the negro who last week 1 3ny .wl 1 ? n t T J made a murderous assault on Arch i n the first bt"ot;. A" f the Candi Hindman of Hagerstown ana who nar-! dates out hustlinSrowly escaped being lynched, was ar-1 Sixth in Limelight.
rowly escaped being hnched. j ralRned , tne cfrcuU ;onrt t j ing imder a ohar;0 of assault a. s mornand battOl'V With llltent in rnrnmit T.i 1 1 T- rl . . y
W. H. Blodgett in Writing to Indianapolis Papetv Sizes Up Affairs as He Sees Them In the "Old Burnt."
ACTIVITY OF ALL PARTIES MARKS RACES. With Candidates Galore the District Is Attracting Attention of Others Political Gossip of Interest. William If. Blodsett, formerly a Richmond newspaper man, but now political writer for an Indianapolis paper, was stranded at tne little station "l UUICUIl IHC OlllCl US. lia.lUfe; of Dunreith the other day. Having tlle happy faculty of seeing the polit-; ical side of everything, Blodgett took) his stumpy pencil and a few scraps of note paper and proceeded with a long treatise on the Sixth district political situation as it apparently stands at tne present time and as he sees it. The following is Blodgett's contribution to his paper: An hour at Dunreith Junction! Just think of that. There is no place where an hour seems as long except at Limedale or Auburn Junction. The per-: ambulating pandora box that carries j TinsKpnirpi-s from the innetion to New CasUe was (loi a disappearIng Bpec. ' ialty when the Indianapolis car arrived j A traveling man loaded with grips and j sample cases kaid: "Dash the dash .... !:: car. I never got to this place I'!! "You said that splendidly," exclaimed a bright young matron with a miniature production of herself in her arms. "You expressed my sentiments exactly. Oh, never mind," she continued sweetly, "bamby did not understand what you said." And so the minutes ticked away. While the Crowd Waited., It was a mixed crowd that waited for the return of Mr. Reynolds's humptyliump car. A demure little lass with the eyes of-a Madonna and the soul of a Carmen was trying to tangle her dt"k eyes with the gray ones of a young man in a reefer who was hum ming "When You Know You're Not Forgotten by the Girl You Can't Forget." Au old sea dog who had ridden the bounding billows with Commodore "Bill" Elliott, of the New Castle Courier, gave vent to his sorrow in the words: Old Bill Oliver And Patsy Bolivar, Captain of the Sweet May-ree. And he didn't seem to know that there was murder in the hearts of everyone present. The gay man behind the ticket case was a busy one. When 110 was ut tying his shoes he was : whistliug the "Merry Widow" waltz 'and provoking homicidal tendencies in a weak old man near the door. A , babe was calling "Da-da, da-da," at the j hack of a man on whose face unhappiness had nrinted its hierosrlvnhic nes nau pnuicu us uaiufeijiJuiu. " no s tne guy tod me mop on nis . IaCeV" asKeU JiijeS Ot liray Ot KVeS Or Brown ; "That's 'popper,' answered Eyes of Brown, and then they went outside i and stood to the windward of the rcfreshment stand, where sandwich is spelled with a "t." "Popper's" Political Views. "Popper" evidently did not hear the remark of the youth in tne reefed hat, for he went right along expressing his views of political affairs in the Sixth district. "It certainly looks to me as if 'Bill' Barnard, of New Castle has the nomination for congress in a sack and all tied up. Of course, he will have to light for it, but he is a pretty good scrapper," and "popper" rambled on. The contest for the republican nomination for congress in the Sixth district, though it is attracting a great deal of attention, is not causing so much uneasiness among republicans as the fights in the Eighth and Eleventh districts. Whoever is nominated will be elected. The convention will meet at Shelbyvilie. April !. It will be composed of 110 delegates, divided between the counties as follows: Decatur, K'.; Fayette, lit; Franklin. 7: Hancock. 11; Henry. 17; Rush. 1:5: Shelby. 16; Union. T; Wayne, '21. Necessary to a choice The candidates a re-"David son, of DeI catur: Hough, of Hancock: Moore of I Fayette; Barnard of Henry: Stivers, of : 1 Ullior- and Campbell of Wayne. At I the present time it is Barnard against j me f iejd an(j it is not believe that j The "Sixth district is pretty well in the political limelight. James E. Wat- ' .'.-.Ti r.in.l.K.ir.n . . -i t. . 1 1 1 1 o t frw iY.Arn,.p les there Rev" th" KuhnT "atie candidate for governor is from c flr j,. w
republican candidate for superintend-1 have no expectations about it. I ent of public instruction .and Frank j hope to be nominated and elected govHall, democratic candidate for Lieu- j error and serve out my full term to jthe best of my ability, i have no amt.Contiaued on Page Two.) fcition bevond ihaL"
CLAIMS OF BEVERIDGE
"Washington. Ind.. March 3.- -The republican members of the ways and means committee of the house and the finance committee of the senate are considering the advisability of congress's instructing the treasury department to gather information that may be used in the revit-ion of the taritt. It is proposed to have the treasiiry do what Senator Beveridge would ; have a commission do. Chairman Payne, of the ways and means committee, has not yet consented to have 1 the treasury department gather the in-, i formation, but it was said today that a ' majority of the republican members of . the committee favor this program, j j Senator Aldrich is understood to favor j the idea Senator Beveridge will coni tinue to press for a commission, but j it will not be a surprise if the treasury j i is commissioned to do the work he 1 would put on a commission. HOOSE BURNED TO THE CITY LIMITS Insufficient Fire Protection Responsible for the Complete Loss of the Home of Henry Nobbe in Fairview. LOSS WILL AMOUNT TO ABOUT $1,200. Scarcely Anything Was Rescued From the HomeTrains Were Delayed for Almost an Hour. The home of Henry Nobbe, 108 Center street. Fairview, burned to the ! groUnd today as the result of a defee-j tive flue and poor fire protection in that section of the city. The blaze was not discovered until it had gained great headway. Every effort was made to save the household effects, but noth-1 ing was rescued from the flames exj cept a trunk which contained a few ar - ! tides of clothing and insurance papers ! and a green parrot, which gave vent to ! an outburst of indignant and violent language when it had been revived revived j from the effects of the smoke. The blaze started on the roof of the Dunuing. ,mei it nau gainea goou headway, Mrs. 'Nobbe and her sister, Mrs- Henry Sutermeister, who, with her husband, lived with the Nobbes. discovered I that the house was on fire. ine Save tne aiaim ana lne Iirt ue" partment made a quick run. Mrs. Nobbe and Mrs. sutermeister made au A ., . , , . , . " "l ocumu M"iJ, "in smoke mere was so unse niai. wicii ruoris . . . 1 . V. . . 1 . were iruitiess. i ne names rapiuiy spread to all parts of the building, making it impossible to get anything i out of the house. ' There is no fire plug in te north- ! west section of the city north of the I railroad tracks and it was only possi ble for the firemen to fight the blaze bv stretching a hose across the tracks. All Panhandle trains were delayed ,,,n this account for nearly an hour. Firemen succeeded, fortunately in getting ; Mr. Nobbe's trunk out of the building. If this had not been accomplished his ! house insurance and furniture insurance papers would have been destroyed. As it was they were slightly charred. Mrs. Sutermeister in an efpainful, but not serious burns. In
GROUND
WITHIN
ouieau ardei iu isietuuitw efejwas formally announced to council.
destroyed. Mr. sutermeister lost in the ruins of the building a diamond ring valued at $- Mr. Nobbe states that he holds Ss Tnsu ranee on his house and furniture and that the loss will amount to about 1. :. Mr. Sutermeister places his loss at several hundred dollars. HOT A CANDIDATE Governor Harris, of Ohio, Says He Has No Eyes on Senatorial Toga. WANTS TO BE GOVERNOR. Columbus, O., March .1 Governor Harris has given out the following signed statement: 'T am not a candidate for United States senator, and
None of Them Were in a Talkative Mood When They Were Lined Up to Care for The City's Many Needs. TAGGART GETS PAY FOR FEBRUARY SERVICES.
Many Small Matters Were Given Brief Consideration The Sanitary Inspector Will Get No Increase. Council held a short, but sweet session last evening. There was but little business to transact and none of tho couacilmen felt fn a talkative mood. Councilman Englebert toward the close of the session brought up the time honored subject of poles and conduits on Main street. He wanted to know if the city would not have tt set tho example to companies affected by the new ordinance, by placing a conduit in Main street as soon as possible. City Attorney Study thought that the city should take this action and he was of the opinion thatl conduits on Main street should be placed in one trench. Mr. Study suggested that the city engineer prepare plans for this improvement. When the ordinance under which the Home Telephone company now operates, was brought to the attention of council about two years ago, it appears that its method of introduction was illegal for technical reasons. To make the ordinance perfectly valid it was again introduced in council last evening in the proper manner and was passed by a unanimous vote. Against Increase. The committee on salaries and ordinances reported as not in favor of increasing the salary of Sanitary Officer George Young. The board of public works had recommended that his salary bo raised from $fiO to $70 per month. The chairman of the committee stated that at the present time it would be unwise to increase the salaries of any city officers. Sheriff Presents Bill. T1if sheriff m-pKPn t:it a hill of i7 '( j for boardin!, pi.isoners convicted under the terms of the loitering ordinance during the quarter ending March 1. The size of the bill somewhat startled council but it was explained that it j was a new ordinance and that in the 1 future there would probably not be so ! many people arrested for its violation. The bill was referred to the commit- ; tee on claims. Taggart Is Paid. Council appropriated $64.2G to pay . John F Taggart for the fourteen days . he acted as tity cIt,rk aft(lr tendering i nis resignation. There was no oppo- ; 6ition to this appropriation. ; Physicians Petition, pnysk.ians lttitione(1 ! to have North Tenth street from J improved. The , - . , .. . 'poor condition this part of the street is iu troubles physicians who are con tinually using the street in driving to the hospital. Rail for Bridge. Councilman Von I'ein stated that he thought a rail should be placed along the south walk of the Main street bridge to protect pedestrians from the interurban and street cars which pass over the bridge at a rapid ! rate of sJieed- Tliis was referred to the board of public works. . Councilman w imams presented a remonstrance against the unloading of coal from cars on the C, C. & L. : nt Fourth f nd South E streets. The i board reported tha the city had no right to prevent this but had called the attention of the railroad company to the matter and the company had promised to investigate it abach'to t'he boa;d of pBbllc works SUSPEND STUDENTS Earlham Lads Swiped Three Oranges and Were Told To Leave School. FACULTY PUTS FOOT DOWN. Two Earlham students, Robert Votaw and Earl Stanley, have been suspended from college for breaking into a day dodger's locker and appropriating three oranges. This boyish prank was committed last week. Saturday Stanley was given his "release" but the faculty decided to allow Votaw to remain in school on conditions. Last night the faculty held another meeting and decided that Votaw was as guilty as Stanley and he was or - jdered to leave bis alma mater. Stan -
ley has been in school two years and'tion-i for the extension of time 'within each school term he has boon regular-W hich to comply with the so-called ii ejjelled lor scms tfiQins offense, JhyuJS c fcwvice law tha race Lous
DANCED WITH SKELETON.
Chic: March u T'io Record Her j aid sujs: Mi Franc Kingsnorth. an 1 uniM s iihkK'1, war, led blindfolded into a room filled with subjects for dissec tion esterday and was photographed for a picture to be entitled "As-deep With the Dead." She tainted w.ien the bandage was removed and her eyes opened on the grewsonu environment. Her coliapfo was followed by hysterics, in which she screamed and struggled to free herself from what seemed to her a living tomb until she fell in an unconscious bean cut the floor of the anatomical laboratory. Four hours after her experience she was in a precarious condition at the home of a physician, whither she was removed. Miss Kingsnorth previously had nerved herself to waltz with an articulated skeleton and to pose with the same bony remnant of a departed personality upon her lap, and several pictures were taken. HAVE NOT YET ACTED ON CASE Have Question of Granting a Liquor License to Oscar Williams Under Advisement At Present. JOHNSON MADE AN ELOQUENT PLEA. Local Attorney Made the Speech of His Career Yestenday. Afternoon Jessup But of Witticisms. The hearing in the commissioners' court, in the case of Oscar Williams of Cambridge City, who is an applicant for a licpior license, was concluded late yesterday afternoon by a flow of oratory on the part of Henry U. Johnson, who represented the applicant, and Prosecutor Jessup. After the ar guments in the case had been conclud ed tho commissioners took the matter under advisement and have not yet announced their decision. Mr. Johnson was iu bis happiest mood while making bis argument and it was one of the wittiest and most brilliant pleas he has ever mado in this county. He poked good natured fun and sarcasm at the prosecutor and Attorney Feemster, one of the reiuonstrators against the issuance of a license to Williams, and incidentally took a fall out of the policy of the. authorities in their stringent enforcement of the liquor laws. Mr. Johnson provoked laughter when lie quoted the statement of a hx-al liquor dealer that "it would soon be necessary for the saloons to close on Jessup's birthday." Mr. Johnson sarcastically remarked that there had be?n a landslide of charges preferred against his client in tho remonstrance, but that he had been unable to discover where the state had succeeded in substantiating any of these charges with the excep tion that Williams had violated a tech nical point of the Nicholson law in the use of screens ere, in his bar room and partitioning off a portion of the room to bf used as a card room. The evidence introduced to substantiate the other charges, he said, was only i i cearsay. Prosecutor Jessup argued that the state had made a perfect cas. Hesaid that all the evidence introduced by the state showed that Williams was a man who bore a bad reputation in Cambiidgfi City. He said that it wa easy enough to introduce testimony to show that a man bore a good reputation but that it was extremely hard to obtain witnesses who had the required nerve to testify that a man bore a bad reputation. He said that the slate had been able to produce witnesses of this character. E All Railroads Will Have Comply With the NineHour Law. to REASONS TO BE GIVEN. Washington, March .;. The inter- - state commerce commission has decid'ed by unanimous vote to deny all peti-
COMMISSIONERS
EXTENSION
MAD
Every Mention of the War Secretary's Name Was the Signal for an Outburst of Applause From Delegates.
REAL WORK OF THE CONVENTION TOMORROW Ticket Will Then Be NamedGovernor Harris Will Be Renominated to Lead Mighty Host. Columbus. O., March S. The Ohio Republican convention met in this city this afternoon for temporary organi zation, when Secretary of the Interior, James H. Garfield, as- temporary chair man, delivered the keynote speech. Secretary Garfield's speech warmly eulogizing the federal and state administration! and discussing a number of the leading issues of tha day, was in effect the Ohio nomination of Taft for President. Tho opening proceedings in fact .amounted to a rousing Taft celebration, every mention of the name of the secretary of. war being greeted with enthusiastic applause. The opening addresses, the roll call and the appointment of the necessary committees occupied the initial cession. The real work of the convention will cqme tomorrow. In addition, to naming the delegates at large to the Chicago convention, candidates will be nominated for all important state officers from governor down. Tho ticket to be nominated will be the longest that has gone before the voters of Ohio in ten years. in complete control of tho fctale organization the managers of the Taft campaign confidently . expect to dictate everyimportant action of the convention. Foraker will have little or no voice, iu the convention proceedings, and Senator Dick, who has managed the Ohio campaigns for twelve years. Js slated for removal from the state chairmanship. The indorsement of Secretary Taft as the presidential choiee will go through in a blaze of enthusiasm. The probabilities now seem to be that the Ohio "big four." to the national convention will be made up of Governor A. Lv Harris, ex-Governor Myron T Herrick of Cleveland, Charles P. Taft of Cincinnati and A. I. Vorys, the active manager of the Taft campaign. The only jntests of the convention will come over the nomination of candidates for several of the minor places on the Ftate ticket. Governor Harris will be renominated by acclamation as will Carmi A. Thompson for secretary of state and Itenick C. Dunlap for state Dairy and Food commissioner. The nominations for lieutenant Governor, attorney general, state auditor, state treasurer, school commissioner and member of the board of public works will probably by closelr contested. . LAUGHED MERRILY Sixteen Year Old Girl Paid No Heed to Pleadings of Her Sister. LED A LIFE OF SHAME. The hearing in the caees of Wlleoa Smith, Harry Smith and Ethel Smith Sego was again postponed this morning in the city court and will not b called again until Thursday afternoon. William Holland, who was also arrested in the North Fourteenth fctreet resort, was released this morning because the fctate believed it had no ground on which to prosecute him. The other defendants will be represented by Attorney W. A. Bond. In the city court thi niorninjr Daisy Goodwin, who the iolice arrested in their raid on the Fourteenth street joint, stated fche was only Bixteen years old, so she was bound over to the juvenile conrt. By the side of this girl sat her lister, a reFpcctable wi. man who resides in Cambridge City, and with sobs begged Daisy to give up the life of bhame she ha been leading. The girl evidently thought her sister's tears a rich joke for occasionally she would look at the Sego woman and laugh merrily. The police state that the Goodwin girl has borne a bad reputation ever since she waa fourteen years of age. law. The reasons will be ftated in a report which is now in course of preparation, and will be announced in a few days. THE WEATHER PROPHET. OHIO AND INDIANA Wednesday, inrcasina cloudiness.