Richmond Palladium (Daily), Volume 34, Number 58, 5 January 1909 — Page 1

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t: AND STTNT-TELiEGR AM . RICHMOND, IND., TUESDAY EVENING, JANUARY" 3, 1909. SINGLE COPY, 3 CENTS. VOL. XXXIV. NO. 58.

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THOUSANDS ARE

LAID TD REST III Quick Lime Being Rapidly Spread and From Now on There Will Be No Further Search for Bodies. MANY QUAKE SURVIVORS HAVE BEEN LIBERATED Vatican at Rome Transformed Into Hospital and the Pope Personally Looks After the Care of Injured. Messina, Jan. 5. Earthquake shocks Continue to be felt but are gradually becoming weaker. Over fourteen thousand bodies have been buried here and fully ten thousand refugees have departed the town. There has been practically no excavating for dead bod las, and quicklime is being freely used sn the wreckage wherever it is practt tally sure there are none living be

RUIIIED

MESSINA

neath. At Reggio a large number of - persons alive, have been relieved from the ruins during the past twenty-four

hours and other voices are heard call Jng for help. Reggio is practically evacuated except for soldiers and ma fines, these latter having done heroic work In getting the populace to flee from the scene of disaster. Rescue work will have been finished in a few days and then the wreckage will be razed. The estimate of two hundred thousand as the total number of deaths is still adhered to. Vatican a Hspltal. Rome, Jan. 5.7-rThe doors of the Va tican were thrown open yesterday to

-ltSOO.HBlaetaMo sufferers-f rom 4a

, earthquake district and the Pope in person came to the bedside of each of his unfortunate brothers to bless

, ' them and comfort them in their trouble. The universal brotherhood of man " spoken of by Archbishop Ireland of St. Paul in connection with the disaster was never better exemplified than when the application for admittance Into the sacred precincts of the Vatican was made by Mayor Nathan, who

Is not only a non-Catholic, but who was formerly grand master of the Italian Free Masons, an organization that" has carried on a constant struggle against the power of the Pope. When he telephoned his request to the Vatican he not only received an affirmative reply but the survivors ' from Messina and Reggio were re'ceived with open arms. The first ""120 of the wounded sent to the Vatican yesterday were received at the railroad station by Mgr. , . Misltally, sent especially by the Pope. Borne of them were taken to the Vatican in public conveyances, but the more grievously injured were carried on stretchers by the Red Cross. They were received at the v atican pre cincts by the nursing sisters. '

The Pope could not restrain his de6ire to bring them consolation and t sought them out. He passed through

the , basilica of St. Peter's over the erea connecting the basilica with the hospital.' Although he did not actual ly set foot on Italian territory he in reality went outside that area which, under the law, is guaranteed and en Joys the right of extra-territoriality, The hospital belonging to the Pope stands on Italian ground. The Pope's entrance into the hos pltal was the sign for an outburst of emotion, not only on the part of the . patients, but even from the Pope him self and the members of his suite. ' Many of those who were not gravely Wounded insisted on jumping out ot bed to kneel and kiss the pontiff's hand. The Pope spoke consolingly to each unfortunate. He said that since the earthquake he had lived only to think of them and study the best means of helping them. All his pray rrs to the almighty had implored tnercjv clemency and power to under go the' terrible strain, rising up again through the comfort of religion. WANTS CHANGE NAME. Application, for change of name has feen made In the Wayne circuit court by Elisabeth . Rebecca Whiteman, She desires her name changed to Elizabeth Rebecca Moore, which it was before her marriage to Clement Whiteman, from whom she is divorced following fcls assault upon her. ASK EXTENSION. The commissioners ; in the Perry township ditch case have asked for an extension of ten days in which to file their report. The extension has been granted by the court. . . PAVEY IS BETTER. George Pavey, fireman at No. 4 en sine house, who suffered stroke of paralysis lately Is better. His side Is still affected and he can not speak, j (The pain howevar, Is not so greet.

U. S. Ambassador Lloyd Griscom

LLOYD C. GRISCOM. As the American representative to Italy he has won a warm place in the hearts of all Italians. BIG OIL RULING BLOW TO CRUSADE Supreme Court's Denial of Petition in $29,000,000 Case Handicap. NO DECISION ON MERITS VIEW TAKEN THAT ACTION WILL ENABLE BIG CORPORATIONS TO CONTINUE VIOLATIONS OF THE LAW. Washington, D. C, Jan. 5. The de cision of the supreme court yesterday in regard to the twenty-nine mil lion dollar fine of the Standard . Oil company means that the case will have togoTback to the districtcourt at Chicago for retrial along the' lines of opinion rendered by Judge Grosscup and his associates. The big fine for the big trust Is knocked into a cocked hat, and if pre vious experiences go for anything, the prosecution of the Standard Oil will be a good deal of a failure in spite of the utmost efforts of the government to punish the big combination. The supreme court it must be re membered, did not go into the merits of the case at all.- It merely decided not to reylew the decision of the circuit court of appeals. Petitions for writs of certiorari are not usually granted by the supreme court unless there is some great constitutional principle presented or important property or personal rights are in danger of being jeopardized. Granting of Writ Rare. Accordingly the granting of a writ of certiorari in such criminal cases is rare, and although the government was well within its rights in asking for a review by the supreme court, that tribunal was merely following its custom by refusing to grant the writ on the theory that there were no issues sufficiently important to justify a re view of the decision of an intermediate court. This leaves the matter just where It was when the circuit court of appeals denied , the petition for a rehearing. The original decision with certain modifications therefore, stands, and the case is remanded , to the district court for a "new trial. When the circuit court of appeals reversed the decision of Judge Landis last July it held, first, that the trial court abused its discretion in the in vestigation' which was held after the trial itself to determine the ability of the Standard Oil company to pay the big fine of 129,240,000. It was also held that Judge Landis was in error in exintent on the part of defendants In the acceptance of rebates. The third error found by the court; of appeals was in the method of computing the number of " offenses. , The" superior court held that each cash settlement was an offense, while Judge Landis determined that each separate shipment was an offense and he fixed the fine accordingly. f : -v. ..;;-, New Trial Is Next Step. In denying the petition for a rehear ing which was done in November last the court of appeals admitted that tes timony regarding the knowledge of the defendant had been admitted physical ly in court, but held that the charge of Judge Landis to the jury had the effect of excluding this testimony. With this modification and some minor ones the court of appeals renewed Its original opinion and decision.1 the judgment of the district court being reversed and the case remanded with Instructions to grant a new trial to be conducted In accordance with, the opinion of the court of appeals. unoer juage mnqis original sen tence ine stanaara 011 company was assessed $20,240,000, there having been 1,462 separate shipments each of which he treated as an offense for which he inflicted the maximum fine of $20,000. The court of appeals ordered the case retried on the basis of an offense for CCtwtinued-eo Pace Three.i

WANT JUDGE WOOD

TO CONTINUE OH THE Commercial Club Directors of Demoof State Favor Retention cratic Member Railroad Commission. WAS GOOD FRIEND OF LOCAL BUSINESS MEN Much Business of Importance Transacted by Directors Last Night Favor the Accounting Bill. Directors of the Commercial club in their monthly meeting last evening found much accumulated business for their consideration. It varied from requesting the reappointment of Judge W. J. Wood to the state railroad com mission by Governor Marshall to routine matter. The club will co-operate with the Indianapolis association in the reform of the public accounting system. The club will meet next Monday evening and will discuss the fire insurance question. The commit tee in charge of the fire insurance mat ter which will recommend in all probability, some additions to the fire de partment, did not report last night. Boost for Judge Wood. A resolution will be recommended for the adoption of the club at the meeting next Monday, asking for the reappointment of Judge W. J. Wood by Governor Marshall on the state railroad commission. Judge Wood has bad ten' years experience as a railroad man and is now the pnly experienced man on the commission. The club feels a special interest in him because of his interest in the case which is to deter mine whether the two jailrcad-W panies in this city are to be compelled to Interchange freight by means of an interchangeable switch. Judge Wood helped the attorney in preparnig the original petition and made the order which compels the interchange. This, order has been upheld by both the low er and the supreme court. The whole state has been watching this case as it will be a precedent for the settling of similar situations in many parts of the state. Those interested in sustaining the commission in this important case in which he has had such a prominent part, would like to see him retained on the commission. Judge Wood is the democratic member. Five Bonuses Asked For. The board had five application for bonuses for the location of new factories, whose products range from hobby horses and corsets to large steel plants. Bonuses asked were from $20,000 to $100,000, besides grounds and buildings. The mails are flooded with propositions for locating factories always with a request for money. Grange Request Granted. A request from the National Grange to petition congress for aid in the con struction of public highways was fav oraoiy- considered and reierred to a committee for further consideration. The club was requested to adopt a resolution asking congress to appropriate half a billion dollars for the im provement of rivers and harbors. This was considered of doubtful propriety and was laid over. Favoring Accounting Bill. The matter of co-operating with the Indianapolis Merchants' association in its effort to reform the system of publie accounting was given favorable consideration, and a committee of five appointed to confer with the Indianapolis committee. The - president appointed the standing committee on legislation which is composed of Sharon E.' Jones, chairman, W. D. Foulke and Pres. R. L. Kelly of Earlham college. To these he added the names of How ard Dill and John L. Rupe. The club is anticipating much inter est and a lively discussion of . the fire insurance question at the coming meet ings. The first talk will be given by Mr. E. E. Perry of Indianapolis, who a representative of the mutual, com panies. The public is invited to these meetings. Mr. Perry will make his ad dress next Monday evening. PROHIBITION MEETING. Delegates to the district convention of the Prohibitionists "will be elected at a meeting to be held at Rhoda Temple, Monday, Jan. 11. At ' this convention addresses will ' be delivakA hr thf Rav T IT VTwtm. ' i? VnrV Pa., and Prof. F. W. Lough, 'chairman' of the Indiana Prohibition State Com mittee. BOND TO LECTURE. Dr. Charles Kond will lecture on tuberculosis at London. Ohio tomor row before the physicians and citi sens of that place. On Thursday, Jan. 14 he will lecture on the same subject at Oxford, Ohio, before several classes of the university. In each instance he will ,nse the stereopticon

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HAS COMBINATION

BEEN FORMED FOR SLACK'S DEFEAT? Generally Reported Shively And Kern Forces Have Reached Understanding in Senatorial Fight. SLACK HAS LOYAL AND FAITHFUL EOLLOWING Unless He Is Eliminated From Contest Quite Probable Balloting Would Result in a u".less Deadlock. Palladium Bureau. Indianapolis, Jan. 5. The newest development in the race for United States senator seems to be a combination between the rorces or John W. Kern and B. F. Shively to beat L. Ert Slack or any other candidate that may appear to develope too much strength for the elements that are against him. Kern, and Shively and some of their followers have been holding conferences during the last few days and observers claim to see in these talks the first appearance of the combination in real life. Slack is a Thorn. Slack is the thorn in the side of the other candidates. They know that he has strength tnat they cannot get away from him and this worries them. It has become apparent to ev erybody that if Kern, Shively and Slack all stay in the race and hold the votes that they will start with, no one will ever be elected United States senator from Indiana. It would mean a deadlock as sure as you are a foot high. This is what they all fear and what they are trying to avoid. Kern will start in the lead. with . .Slack sec ond and Shively third, according to present indications. Slack will come nearer holding his vote than any oth er candidate in the race, because he will have behind him the anti-Tag-gart and anti-machine democrats of the legislature who will not vote for Kern or Shively unless they cannot help themselves. Combine Necessary. Therefore, to beat Slack it will be absolutely necessary for the other candidates to form a combination of some kind, and it looks like this is now being done by the Kern follow ers and- the disciples of Shively. In the last few days Kern, Shively, Judge Joseph Shea, of Seymour, and Crawford Fairbanks, the Terre Haute brewer, have been holding conferen ces at the Denison hotel. It is said that Kern has received reports from Shea, who is the most active Shively man hi the entire crowd of rooters that are here, and that Shea has also been reporting to Shively. Then Fairbanks and Kern hold a conference and next Fairbanks is in consultation with Shively. And so it has been going. They all seem to be interested in the same thing and to be working to the same end. It is on this fact that the talk of a combination between Shively and Kern has started. Shively to Discard. Everybody recognizes that such a combination would be formidable and that it would probably win. Whether it means that Kern is to stay in the race and Shively get out or vice versa is not known, but the best observers say that it means the elimination of Shiyely for the reason that Kern will be most likely to hold his vote intact 1 during the early balloting. It seems impossible for the machine to beat Slack in any other way. It Is believed that if such a combination actually formed and active work is begun to carry it through Senator Steve Fleming will make a desperate effort to swing the enttre Twelfth district . delegation from Hoffman to Slack in order to defeat Kern, whom he dislikes in the most cordial manner. The Kern-Shively people cer tainly have no reason for hoping or expecting that Fleming will do any thing to aid in such a scheme as they are putting up for that reason. l His Chances Poor One Hoffman's chances seem to be hopeless at this time, and therefore his rotes will have to go somewhere else when the time comes to break away from him. That they will not go to Kern is a cinch, if Fleming can prevent it. That they will not go to Shively is also a cinch, if by doing so Fleming has to. in any manner ally himself with Kern. : So it looks like there is something In Kernhivefy talk. The Slack crowd is on to the plan and is making a desperate effort to head it off, be cause Slack and his followers realize that it will be a dangerous menace to his - chances. ' Congressman Lincoln Dixon, of the Fourth district, is here I to help Slack in his fight. Dixon is - jone of the best politicians in the dem- - jocratic party in this state. THE WEATHER PROPHET. INDIANA Colder and probably www

CITY HALL SQUARE IN RUINED CITY, , MESSINA

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When the earthquake came, th square for safety, only to be killed BOARD OF FINANCE DISTRIBUTES THE MUH1CIPALFUNDS First National, Second Na tional, Union National and Dickinson Trust Selected as The Depositories. FUNDS ARE ASSIGNED BY PRO RATA SYSTEM Last Year City's Interest on , Deposited Funds Amounted To $210 and Council Was Highly Enthusiastic. Before the regular session of coun cil last evening the city board of fin ance, including the councilmen, May or Schillinger, Webster Parry, city controller and T. J. Study, city attorney, met and received bids from the city banking institutions for the depositing of the city funds. Bids were received as follows: Dickinson Trust company, $62,500; First National Bank, $40,000; Union National Bank, $50,000; Second "National Bank, $100,000. As it was the annual meeting, the board organized as it was last year with Mayor Schillinger as president Last year the city drew about $210 interest on the funds it had de posited and many of the councilmen declared the law to be the best ever on the statute books for the deposit ing of public funds. i More Interest Shown. The bids were much higher than the amount the city will ever have on hand to deposit. The banking houses showed more interest in the distribution this year than last and each institution will receive Its pro rato of funds, determined by the proportionate capitalization of each insti tution to the total capitalization. The funds will be deposited as fol lows: Second National Bang 5-14 per cent; Dickinson Trust Company 4-14 . per cent; Union National Bank 3-14 per ct; First National Bank. 2-14 per cent. The bid of the Second National Bank alone is large enough to cover any amount the city is likely to have in its treasury during the ensuing year. " City Controller Webster Parry stated that he estimated the largest amount the city would have at any one time during the -current year would be "$56,000, making his estimate from what the' city has had to deposit in previous years. Good Securities Given. The sureties given by the banks and the trust company were in each instance either officers or directors and are as follows: Dickinson Trust Company Samuel Dickinson, E. G. Hibberd. ' George H. Eggemeyer. Ed win L. Cates and P. W. Smith. First National Bank A. D. Gayle. F. M. Taylor, John. L. Rupe, S. E. Swayne, Charles E. Shiveley, Richard - Sedgwick and James W. Morrison. Union National Bank-George L. Cates. Edwin H. Cates, E. G. Hibberd, El wood McGuire and M. C. Henley. Second National ' Bank John B. Dougan, G. H. Eggemeyer, S. W. Gaar. C. W. Elmer, John J. Harrington. E. G. Hibberd and Howard Campbell. Last year the bids for the funds by the three banks and ' the trust company was much different from this year and resulted in the First National Bank being the only institution to furnish surety sufficiently large - to entitle it to its pro rata. Bartel Was Happy. Councilman Bartel asked the city controller concerning . the total amount received in interest from the funds on deposit last year. Mr. Parry declared , that he thought it was iCon tinned on Page' Threap -

ousands of people by falling walls.

rushed to the BIRTHS Iti CITY DEATHS EXCEED THE PAST YEAR Report of Health Officer Bond ShOWS 427 BirthS While the Grim Reaper Claims Over J wo Hundred. DANGER OF EPIDEMIC .CrwB TuhriTrinito I NcVcn TnnEATcNINu Figures Show There Were Seventy-one Smallpox Cas es and Forty-six Typhoid Fever Victims. Yearly health returns as complied by the city health officer, Dr. Charles Bond, show that the stork worked much harder in 1908 than the grim reaper did. As a result there were 141 more births than deaths. The report is an excellent one in every . respect. especially so in regard to the conta gious disease statistics. . The report states mat contagion never Decame dangerous, and at no time was there an epidemic threatened. In respect to "the report concerning deaths the following table compares 1908 with 1907. month by month. Month XS January . . ...... 22 February.. .. .. .. .. .. .. 23 March.. .. .. .. .. .. .. .. IS April 21 07 20 30 21 May 26 June .. .. 28 IS 1 3 29 3 23 July .. 20 August..'.. .. .. .. . . .. .. 17 September .... . . . . . . 27 November .............. 23 December.. 20 Total .. .... 280 270 The number of white people7 dying in 1908 was 200 in comparison with 256 for 1907. The proportion among the colored population was about the same with 2 arcredit&l to if and i to 1907. t t ine cause 01 aeatns as determines vy me puysicians were Jistea as ioi - M. 1 t . iow: ruimonary consumption, o; uiuer lorms 01 consumption. ty - .IV.. M - m , mm ' 1 phoid fever. 1; diphtheria, 1; Brighfs urease -o; scariet iever, 1; wnoop - pins cougn. i; pneumonia. 11; aiarrheal disorders among children under 5 years old, 6; cerebro spinal meningi tis, 7; influerra. 4; cancer. 14; heart's! disease, 37 and 8 due to violence. . In respect to age " when "the" deaths occurred, the following is showji: 16 still births; 38 under one year of age; II between 1 and 4 years old: 6 be tween the ages of 6 and 9 years; 3 between 10 and 14 years old; 1 be tween la and 19 years. ; There were but 104 deaths of persons who were between 19 and 60 years of age. The greater per cent of the deaths " of adults occurred after the age , of 0 years. Those who died in the past year over 60 years old, numbered 107. . Births Numbered 427. During the year there were 427 births,-409 of whom were white child-! ren ana out is colored. There was a deficiency in the number of girls, as there were 223 males and 204 girls years; 119 between the ages of 30 and born. In respect to the ace' of the mothers the statistics show 7 that ' 45 were between 15 and 20 years of age; 253 between the ages of 20 and 30 40 years; 10 between 40 and 50 years of age. There were no mothers over 50 years old. In respect to the statistics on contagious - disease '- the , : following is shown: Measles, cases; diphtheria. 8 cases; iyphotf fever, 46 cases; scar let fever. 28 eases; smallpox, 71 cases. But one case of chicken pox was reported and no - cases ' of . whooping Jcouxh.

too hours

FOR JUDGE FOX TO CALL DOCKET Court Weeds Out Several An cient Cases by Summarily Dismissing Them From the Court Records. , ATTORNEYS WERE GIVEN ORDERS TO HUSTLE UP Docket Must Be Cleaned Up And His Honor Asks Lawyers to Assist Him Court Will Be Busy. Again Judge Fox of the Wayne cir cuit court 'has told the members of the Wayne county bar he wants their assistance in cleaning up the docket. There are many cases on the docket that need not be there as evidenced by the calling of the civil docket this morning. Before calling this docket the court declared it Is his intention to dispose of as many cases as possible this term. As an incentive he started out by dismissing summarily a few cases that have "hung fire" for a number of years. In other cases the court was notified by the attorneys a al8mlBS, my entered. These cases have been let remain on the fcet and were listed in the new caienaar, wnen nothing in the way or litigation was to be done. - Two Hours in Calling. It was shown to th court. mnti larp eins made to disposo of a num. cases out of court. In some Instances irt which suit was brought on account or claim, the defendants have been allowed to resume payment upon the promise prosecution will not be pushed if the matter' be settled. This plan has been tried to the. advantace of th cradltnro. It mn.lrxil " almost two hours to can the cmi aocset ana wnerever possmie me court took some step toward the final disposal. In- the case of George W. Gill vs. Eddie K. Shera a settlement is due and probably will be made soon. The same condition holds true in the cases of Oscar Rich vs. Harry Rout; Wil liam Backmeyer vs. Charles Backmeyer; Helen Kuster vs. Vlrgie Thalls; George W. Price" vs. Henry Richards; Schneider Carriage Works vs. Harj mon ghofer. Four Years Old Case. ; r m .... . V The court announced he will dis miss the case of Indian Belle Fenster TS- 'William Horton at the next calling unless some action Is taken. The case has been on the docket since 1904. The following cases were announc ed as at Issue and ready for trial: R. Given & Son Company vs. Jones Hardware Company; Thomas Lambvs. Walter Farlow; .William Crowe et aL vs. Martha McConaha et aL; Harry Wilcox vs. Freda Wilcox, diyorce and custody. There will be no trial of the case of Jones Hardware Company vs. Henry H. Jobannine. It is nendinK settleT!ie case of City of Richmond vs. Oliver Hill Is dismissed at the de fenI Want's cost. The court was Informed the case ' the Farmers and Merchants Bank or Portland' vs. Heniamm Miller win I not be tried this term. It has been Ion the docket for several terms. The divorce suit of Florence Pat tnon n liw PttrBnn waa orarrM trirkn fmm th dnrk at th nlaln. " " ltjffg cost t- ,B4, of William H Drulev 1 ..ino, r n m. i. nnr.- ...K. iUtution of plaintiff will have to be 1 made, as Druley is dead. Announcement was made the case I of Anthoav Johnson va. the Cleveland. Cincinnati St. Louis Railway Com pany has been settled out of court." Johnson sought damage. The case of Addison Utley vs.' Frank Ralston, which Involved only , $7.50 Is ready' for trial. This case is' one of the least important on tho docket. Several Cases Dismissed. Nora Dwyer's suit of her husband Dennis Dwyer for support has been dismissed at the defendant's costs. The court declared at the next call Ing of the case of William Wilson vs. Emma Wilson for divorce, the case will be dismissed. The case of the First National Bank vs. Edwin Campfield for a receivership is to be dismissed at plaintiffs cost. ' " " - The cases of Sophia Burkett vs. - Earf Burkett. divorce, and Jacob Ricker vs. Forrest Colvin. claim, are SS be dismissed at cost of plaintiffs. William Doney,' defendant, in fkv suit brought by George A. Doney has died since the action was institute. An administrator will have to be ap pointed and substituted as defendant.' The case of - Lnclnda Chariton vs. - Archibald H indman in which posses sloa of a bara at Hagerstowa formed tne bone of contention has been or dered dismissed. The. case of Jones Hardware Com pany vs. Charles A. Kennedy is aaoth(Continued on Page Threap