Richmond Palladium (Daily), Volume 33, Number 34, 20 March 1908 — Page 1

ADIUM AIMD SUN-TELEGRAM. vol. xxxin. xo. :;t. K1CII3IOND, ' IXD., FKIDAY EVEMXJ, 3IAKC H (), 190S. sixji.i: corv-a cents.

THE RICHMOND) PA1

COUNTY COMMISSIONERS

VIOLATE

EVERY TIME THEY ALLOW CLAIM FOR DAY'S BOARD FOR PRISONERS IN COUNTY JAIL, WHEN THREE MEALS HAVE NOT BEEN EATEN, THE LAW'S RULINGS ARE NOT OBEYED.

PRECEDENT KILLED BY DECISION OF APPELLATE COURT Legally, Sheriffs Can Not Charge the County for Meals Not Served County Prisoners. MEREDITH TO COMPLY WITH THE RULING. Not Aware of the Fact That He Had Been violating the Law When He Charged the Full Amount. POINT OF LAW INVOLVED. STATUTES DO NOT RECOGNIZE A FRACTION OF A DAY AND ATTENTION OF HIGHER COURTS HAS BEEN DRAWN TO THIS. UJSTOM FOLLOWED HERE. From Time Immemorial Sheriffs Have Collected Money In an Illegal Manner and County Has Lost Much Through Thi. Every time the board of commissioners of Wayne comity allows the county fdieriff -to ceuts lis a. day's board for a prisoner, when the prisoner has not. partaken of three meals timing the day involved, constitutes a violation of the law. Such bus been ruled to be the fact by the appellate court. It has leen the custom for the sheriff of AVayne county to charge -to cents per 1ny. for boarding a prisoner. The law llows this amount and precedent has established the rule, that in ease the jirisoner eat only one meal, the sheriff shall be allowed the full 40 cents. U in the same if the prisoner eat but two meals. Even in case the prisoner le In the sheriff's custody for a few hours between meals and be furnished with no provision whatsoever, the sheriffs have laid claim to the full sum allowed, the same as if three meals were aten. Meredith Is Fair. In view of the agitation of the question now ensuing in Marion and other counties of the state, it is probable the ttention of the Wayne county board nf commissioners will be directed to the. local situation. Absolutely no ensure or blame can be attached to Sheriff Meredith in any way. He stated this moruiuK if the law forbid the county paying him for a full day's board for prisoners, when only a portion of the day has been spent in jail, lie will not. make a request for more money than he is entitled to legally. The precedent has been in vogue for many years and Sheriff .Meredith was unaware it was not strictly in accord with all the legal requirements, until decisions of the appellate court "were cited to him by a Ialladium reporter oday. Money Due, Not Known. There is no way to ascertain how much mouey would be due the county. it the commissioners saw fit to require former sheriffs to repay money they had obtained throtigh this discrepancy Jn the law's interpretation except by a review of all bills submitted to the commissioners for boarding prisoners, t-'nder the blank Jorm used lor this purpose the sheriff submits the name of the prisoner, the number of davs he ppent in jail and the amount due for Ills board. The fraction of a day nev- j er appears. The commissioners make i casual observance, note the total and' usually O. K. the bill without question, j City and County Pay. Prisoners sent to the county jail i from the city or police court could not ! possibly spend a lull day in the county ! Jail, as they are kept at the city jail ; p. part of the time. They could not I at breakfast at. the county jail, as this meal Is served at the city jail, and c-ourt never is held earlier than Sj o'clock in the morning, at which hour dishes at the county Jail have been ' M-ashed and restored to the cupboard, i The board of police commissioners al- j lows the turnkey at the city jail pay ! fnr serving breakfast to prisoners in ', its custody. "When the same prisoner '

STATE L later is transferred to the county juil. the sheriff credits him with a full day. The county again pays for the breakfast, which in reality was not eaten. Thus the city and county both pay for the same meal, the city contributing 'JO cents and the county l.'i 1-.'! cents, but tiie prisoner has the privilege of eating but one meal. In an opinion prepared by the attorney of Marion county. John C. Ruckelshaus, and presented to the board of commissioners, it is held the sheriff is entitled to pay for the meals actually served only. If a prisoner eat dinner and supper t he sheriff would be entitled to lit", cents, if he ate but one meal, l.'l l-.'i cents is all the sheriff should be paid according to Ruckelshaus. Plan Followed Here. It is customary in this county, when a prisoner is taken to the county jail after supper hi the evening and released the next morning before breakfast even, for the sheriff to put in a bill for 80 cents on the ground the law recognizes no fraction of a day and consequently he is entitled to pay for two full days. If the prisoner remain and eat three meals the second day but be released before breakfast of the third day, the sheriff's bill calls for three full days in just the same way as applies to two days. Ruckelshaus contends that this is a violation of the law and maintains the sheriff is entitled to pay only for meals actually served. Law's Ruling. Tiie point of law involved has been called to the attention of the higher courts a number of times. In the case of Pressley; sheriff, vs. the Hoard of County Commissioners of Marion county, the claim was advanced that the law recognized no fraction of a day. The court held against the sheriff. In giving the opening, the court held it is title the law does not. recognize a fraction of a day, but is held also that this fact is a fiction of law indulged in for convenience and to promole the ends of just fee but not. allowed when it will promote an injustice or wrong. In submitting the opinion and in answer to argument.' the judge who prepared the opinion states: "If the stmt specified is a fair compensation for the food consumed by the prisoner in one day, it would bo more than a just comnensation for the quantity consumed by him in one third or two thirds of a day, and in justice ought not to be paid tor :i full days board for one meal or for one third of a day's board. If an employer should agree to pay his employe $1 per clay for his work, no one would think the latter entitled to $1 tor a half day's work. Xor, should one agree to board another for $1 per day, or $H per week, would it bo thought that the landlord could charge the boarder a dollar for a half days board, or $t for less than a week's board. "It is said by the appellant's counsel that the law allows jurors ?2 per day for their services; that if a juror is called to try a case, though it takes but half an hour and he is then discharged he is allowed $2 for a full day. This is true, and here the rule that the law' will not regard the fraction of the day, applies, for it is obvious the time in this case is referred to as a unit; that the time of the juror is to be paid for, and the word 'dav' is used to designate the indivisible unit of time to be so paid for.-' Meredith Cites Case. In support of the contention of himself and other county sheriffs. Sheriff Meredith called attention to the decision of the Appellate court in the case of City of Indianapolis vs. Parker. In this case the city sought to recover from Parker, a sheriff, money paid bv it to him for the board of prisoners allowed for time they were not actually in his care and being boarded bv him The court held for Parker, but on the ground that it had not been alleged in the city's complaint that the charges were excessive. The city failed to allege the damages allowed were in excess and because of this neeligence the court held there was no cause for further action and refused the petition for a new trial. The court did not consider the case as to a question of right but only iu regard to the amours of damages the city claimed was due Jt from the sheriff as reimbursement It has been held by legal authorities that the sheriffs can not refer to this judgement as support to their contention, as the point of charges and overcharges was not involved. WAGE COMMITTEE'S REPORT ADOPTED Miners Adjourned After This Action. Indianapolis. Ind.. March 20 The miners' convention today adopted the national wage committee's report as a ho!o and adjourned.

HAS BROKEN THE RULE OF STRICT SILENCE.

SENATOR LAFOLLETTE. The senator of Wisconsin, has brok- : en the rule of silence imposed upon ' young senators ami is taking u promi-i nent part in the discussion before that ; august body on the shipping bill and , other important measures. : OVERPAY Of THE INTEREST OF COUNTY Over One Thousand Dollars Awaited County's Call in Gloomy Vaults of Big New York Bank. COUNTY KNEW NOTHING OF THIS UNTIL RECENTLY Error Was Found When Aud-j itor Coe and His Assistant; Went Over Old Records; Check for Money Received.! D. S. Coe, county auditor, yesterday received from the Second National Vank a ciieck for Sl.STS.O;1. representing a sum of money belonging to Wayne county's bond interest fund, which lor a period of eight years almost, had been peacefully reposing within the gloomy vaults of tho American Exchange National bank, New ; York City. The money rightfully bei longed to Wayne county and was sim- ! ply being held by the New York bank,, properly credited to the county, await ing the call from its owner the game as any other bank balance. Not until a few days ago however, was it known to the county that any such sum was waiting to be checked upon. ' Semi-annual payments of interest on Wayne county bonds are made to the . American Exchange National bank j through the medium of the Second l National bank, this city, and recently it was made known to Auditor 'Coe that the balance to the credit of j Wayne county in the New York bank j seemed excessive; at least greater ; than necessary to redeem the number 1 of interest coupons outstanding. In j order to ascertain the cause of this j surplus, Auditor Coe and Deputy Ncw- ! lln ten days ago began checking tip on i all bond interest paid by Wayne coun- : ty during the last ten years. It was ', developed that in H00 the county : made an overpay of $025 in interest due on one series of bonds. A year , later, in 1901 and also in 1102 similar i errors were made on the same series of bonds, making an aggregate of $1.875 overpaid, in addition to the exchange fees. The American National Bank simply j placed this surplus to the credit of ; Wayne county and it has been waiting ; to be restored to rightful owner. A ; few days ago the auditor took steps through the Second National bank for ! the collection of the surplus in the New York bank and yesterday the; check was received. It was turned ; over to Treasurer My nek by Auditor, Coe and has been receipted into the bond interest fund of the county. ( CHALLENGED TO DUEL General Stoessel Angered Ne-: . bogatoff. St. Petersburg. March 20. It was reported today that Admiral Xebojra-; toff has challenged General Stoessel to deadly combat, the duel to talplace iu the courtyard of the prison; where Stoessel is confined. P'r.vsi- ' clans have announced strong hopes for the recovery of General Smirnoff who was wounded by Gen. Fovk. A rumor is thai an imperial edict tvil! stop all duel

BONDS DISCOVERED

PRISON YARD

POLITICS II THIS STATE HOLDS THE CENTER OF STAGE

From North to South and Easti To West, the Many Districts Are Ringing With the Pleas Of Candidates. POLITICIANS WORKING IN BOTH RANKS. Great Game Is Being Played With All the Skill Characterizing Crafty ManipulatorsState Briefs. Seething and bubbling as it has not for many years, the political pot in Indiana has given opportunities to everyone in the state who possesses that fond love and affection for the dear people, to emit steam. Some of the men in both political parties, claim that they arc the only real logical candidates for office and their selection will be a godsend to the party and any other choice will be a mistake. Instead of opening the steam valve and letting loose a great quantity of waste energy, other seekers of public favor Lave cut the whistle cord and thtir schreeches are running all opposition in the neighborhood to its burrows. There is the gum shoe class that is stalking about the slate with a smile and glad hand for everyone, a word of advice whispered in a confidential manner, a slap on the back and heart y "I'll count on you. ail right, old man" and then he is off to treat tne next man the same way. Blue for Ralston. Over in Hancock county things look blue for S. M. Ralston, who is (barged with being the candidate for governor backed by the machine and democratic 6tate committee. He will have no delegates from what formerly has been known as "the good old democratic county of Hancock." Ills project of local option by wards and townships will not secure much endorsement. The democrats of that county do not see well through Ralston spectacles and they do not care for interference with the present Moore law unless it be made more efficient. The democrats of Hancock county have, since the first of the year, received two object lessons as to what the beer and saloon interests will do in politics, and they are insisting that no kind of temperance law be made tnut will give the liquor interests a chance to override the real will of the people. They believe here in the oldfashioned doctrine that the majority rules not tho majority of the republicans or the democrats or the prohibitionistsbut the whole people. Republican Has Chance. Columbus, Ind., March 2t. There is a growing belief among the republicans in this part of the Fourth congressional district that a republican will have a pretty good chance to be elected to congress this fall. The Fourth district has always been so heavily democratic that it was a hard matter to find a man to run for congress on the republican ticket. Generally some one who was willing to make the sacrifice was drafter into the race, and he would make a few speeches, visit the various counties, and then philosophically accept his defeat. This year the dissension in the ranks of the democratic party makes tilings look good to many republicans and a number of congressional candidates are expected to come out of the woods in a short time. Adair Plays Good Game. Muucle. Ind., March 2f. The one thing that may unite the republicans of the Eighth district and cause them to support the man who is nominated at the congressional convention in Anderson is the knowledge that Congressman J. A. M. Adair is by far the strongest congressman that the district has had In many years It is shrewdly conjectured that Adair! is nlavinz the best, kind of oolitic hv -i .. ' v ' ir.g- a-s a "Roosevelt Democrat." whatever that is. but there is no doubt of his hold on a large percentage of the republicans iu a district that is normally about 7.M republican. Kuhn Is Third Choice. Evansville. Ind.. March JO. The demorats of Vanderburj? countv have selected thirty delegates to the state convention at Indianapolis. The del-! c-gates were not instructed. After the ' delegates arrive at Indianapolis next week they will caucus and decide to : cast the solid vote for some candidate for governor. Senator T. Ert Slacs- !: believed to be the favorite of the delegation, with Samuel Ra'ston second and the Rev. Thomas Kuhn third. Fcstsr Wss Renominated. Princeton. Ind.. March 2o. Republi-, cans of the First district, in convention here, renominated John II. Foster i us a candidate for congress. There I wa no opposition candidate, and thej choice was by acclamation. To Sidetrack Shively. ! South Bend. Ind.. March :. Politl-! c:ans here profess to see an attempt to ' tCoDtinued on I'pjse Five.

Boy Will Rule England Under the Name of King Edward VIII

fC!ns Edward of England has decided that his grandson, the eldest son of the Prince of Wales, must be called Edward. His mother desired him reign as King David 1, but his Majesty Has Decided that if ho ascends the throne it must bo as King Edward VII F. The young prince is shown here with Hie Uasset hounds. These dogs which are kept by the authorities of the Royal Naval College, at Osborne, are always followed by the cadets. The Prince's face is turned toward the spectators.

RESOLUTION WILL BE CONFIRMED BY II At Opening of Hearing Today, Remonstrance Against N. E Street Paving Was Submitted and Withdrawn. CITY WILL NOT PAY FOR STREET IMPROVEMENT. A Certainty That Board of! Works Will Never Agree to Such a Plan and Affair May Go Before City Council. Today was the day of hearing in the Nortli E street paving matter. A lar? number of p.-s.pe: ty owivrs appeared before the boud of iv ,):!: submitted a i emonftrar'- aa'-ic.: proposed in'.j'i eaitn' ;itr :li ind V e muasirauee w;.s i:!;dr;in for ronenn t'm: Pitv Artir.nev T. J. Si id'Kave it as his opinion that a remonstrance io a resolution adopted by tne V.fi:,rH ,.t nnhlic work- COll'd not be fMed until the resolution nan oeen confirmed hv the boa-d Several of the proper; v owners stated that the plan of improvement call - ed for in the resolution adopted by ihe board, was objectionable to them. They said that they objected to the j paving of the street unless this ex- j uense was met by the ciiy and the! street car companv, which plan was

BOARD

OF WORKS

suggested by the board of directors of 'purpose of construction lies in the the Commercial club. j township and not the city. The state Another property owner stated that; law provides that upon the petit'or, of he spoke in behalf of those property j a required nun.b'r of tax payers of tho owners between Thirteenth sif -e; and township, th' court y c.-mshdssjor.vr.--

Sixteenth strec lie aid thai, b-k-k pa vine; won h or -iiefit to them or the c ixens of Richmond. Whether . I brick paving: on Xonh E s'reet from Temh to Thirteenth street, would be of benefit he dicl not know. After hearing the various arguments (Continued on Page Five.) ing Telephone is a

your Classified Ads to the Palladium office with thej least bother to yen. Either PhonQ I 121 Aiitoni&tic, ;

21

Old.

GENERAL PROTEST WILL BE RAISED BY THE FARMERS

Will Probably Object to Paying for South L Street Improvement as Board of Works Would Have Them Do COUNTY COUNCIL HAS ORDERED THE STREET. Peculiar Situation Owing to Fact That Township Will Have No Control Over Road After Paying for It. Every taxpayer In Wayne township will be surprised to learn that he will be expect --d to pay in pert for the cost f tt.r. rol;vf ri:rt inc of !!; L .-1 ree in I'.e ;' ni Ka-ipinotid. The 'I 1 ne s:.i ' -ct - . iua. i in city engineer's office, ! " . ' ' . ! ";' "-. .' ." "' " 1 I 01 tne ,)oara L PUtiilC works carrv. lkl,z M'f tl10 roa'1 running from the IJoston Vike to the Liberty pike, just south of ! Tue 1 - '- '- 'rae,s if the e:ist er.ft j and just north of the 5t. Andrew's emery af the west end. The street marks the corporate lim-j its of the city of Richmond to the j south, and. consequently, a portion of! ; the land that, will he vacated for the I shall -oiis' nif ' i'ttthe expense ,.. ;vrni:: which the road is crave; road a ad ip is located. The s reft-: red the L o the co-ir.ty ,.- tjoaru or woiks street, proposhio:: -sinners m conformity to law and tae county council has instructed the : (Continued on Pace Two.j Willing servant to fcring

JUDGE STILL

ANDERSO

HAS CASE IE T Has Made No Decision in Regard to Demurrer Filed by City Against Complaint of T. H. I. & E. Traction. EXPRESSES HIS VIEWS ON SITUATION, HOWEVER Ordinance Drawn Against the Traction Company Looked Like City Was Attempting To Hold Club Over Line. Yesterday afternoon. Judge Anderson of the federal court at ludiano!is without finally or formally ruling upon the demurrer filed by the City of Richmond against the complaint entered by the Torre Haute, Indianapolis ami Eastern traction company for relief from the ordinance suspending the operation of traction cars on Main treet. gave !iis views on the case but said h. would give it his further consideration. The situation in the traction case as it now stands is that so far as. the merits of the case are concerned. Judge Anderson Is clearly with th city. So far as the technicalities of the case are concerned, it is possible tiiat he may bold the coiuulaint of th traction company good. In this ventit will be necessary for the city to file and answer to the complaint. Club Over Traction. After City Attorney Study, his assr. dale attorney. Frank E. Cavln. of Indianapolis and Attorney Winters for the traction company had completed their arguments yesterday, Judg... Anderson stated that in the first place, he was very much impressed with the; fact that inasmuch as the traction company had been exercising rights and privileges over Main street several years before i ie enactment of tho ordinance which is now the subject of contention, this ordinance, upon firn consideration, looked like an attempt on the part of the city to hold a club over the company. Court Not Sure. Judge Anderson then stated that upon further consideration, if he'could be satisfied that the temporary injunction against the enforcement of I he ordinance would afford complete protection for the company, for any of violations of the ordinance pending tho outcome of the litigation and, iu th event that the case should be decided against the company, be would think that all the equal protection to which the company was entitled, was given by the temporary injunction. However, the court stated, he was not sure as to this point. As to the merits of the case in con-, troversy, Judge Anderson stated, as he was at present advised, that he felt certain that the Lontz and Freeman ordinance gave the company no rights over Main street, and that whatever right the company possessed must be by virtue of the lss.i franchise. This franchise, he thought, was to be strictly construed and he pointed out that It did not confer the right, to operate either freight or passenger traction cars over Main street. The court stated that he did not a.rree with Mr. Winters, counsel for the traction company, that the. control of the streets was in the hands of the city authorities but that legislation had been enacted which enabled the traction company to engage in and do things not provided in the original franchise of the company held from the City of Richmond. MAD LEAP ENDED IN INSTANT DEATH Wnrrtirt nmnnrl Cr. Fifth Floor to Sidewalk. ! New York. March 2. Mrs. Saraft , - , n.-, ! fifth floor of her apartments today to the sidewalk and was instantly killed. She was despondent. JILTED, HERBERT CBAMERMOT SELF Committed Suicide in Mrs. Gleason's Apartments. New Yori:. March 2. Jilted by Mrs. Lafayette B. i'-uson, the divorc i nife of 'ho Ci-.rl. f,( the Stare Senate. Herbert Cramer, the son f the preoident of The German A.xerican Insur- . ftnee Con;;. any shot and killed himself , fh womsn-, rcm flt rho hr,t,.l x. Charles. Mrs. Gieason was exonerat ed by coroner. jHE WEATHER PROPHET INDIANA AND OHIO Warmer Satur-

UNDER ADVISEMEN

UY.