Richmond Palladium (Daily), Volume 34, Number 72, 19 January 1909 — Page 1

MOOT) FA ABIUM AND SUN-TKLEGRAM. VOL. XXXIV. NO. 72. IUCII3IOND, IND., TUESDAY EVENING, JANUARY 19, 1909. SINGLE COPY, 8 CENTS. FRUITLESS WAS EFFORT TO NAME

MIC.

EXCEPTION FILED Attorney Johnson for Defendants in Chitwood-Pepper Case Takes Action. NO INSTRUCTIONS GIVEN

ARGUES

AGAINS

T SUNDAY BASEBALL BILL IS CHEERED TO ELECT MAYOR STATES THE

MARCHES

INJURED

DIRECTORS

cun hihiices IRE WIG World Famous Singer Slips on Commercial Club Will Hold Icy Pavement and Sprains One of Her Ankles. Annual Election on Next Monday Evening. 1 If. S. E

MUTUAL SYSTEM; FAVORSOLD LIIIE P. D. McGregor of Chicago, Fire Insurance Expert, Makes Interesting Address Before Small Meeting.

SEHATOR

I ItllROD CED

Senate and House Each Take Separate Ballot, Former Favoring Hemenway, the Latter for Shively. JOINT BALLOT IS NOW REQUIRED TO BE TAKEN In Upper House Today Senator Durre Nominates Hemenway and in House Thornton Nominated Shively.

Palladium Bureau, Indianapolis, Jan. 19. Oratory reigned supreme in tlie Indiana legislature today because the senate and the house tried to elect a United States senator to succeed Senator Hemenway and failed. The senate elected Hemenway to succeed himself and the house elected B. F. Shively, of South Bend. Therefore, there was no election and they will hare to try it over tomorrow. Under the federal law the first ballot Is taken by the two houses separately. . If a candidate has a majority n each house he is elected. If he does not then the two houses must meet in Joint session and cast a joint bal- , jot. :; This forenoon the senate chamber was packed to overflowing when at 10:30 the lieutenant governor announced that the matter of electing a United States senator was the special order of business. ; Senate Invites House. The senate had already invited the members of the house to come over .and, hear the nominating speeches and " tke' one ' hundred members of ' the house and their'' employes and ' the crowd that had gathered was about all the senate chamber would hold. Senator Robert E. Proctor of Elkhart, made' the first nominating speech. Senator Proctor led the fight for B. P. Shively in the democratic joint caucus last week when Shivety was nominated and It fell to his lot ' to place Shively in nomination. Proctor's speech was a gem. He paid a high tribute to Shively, pointing out his qualities which, he said, fited him admirably for the honor of represent ing Indiana in the senate. He told of the a(fection that is felt for Shive ly among the people of his borne town of South Bend and the esteem in which he was held. He said that Shively 's nomination in the caucus was the result of a fair fight, and he believed that the nomination was eminently satisfactory not ' only to the party but to the people of the State. When he mentioned Shively's name there was a loud and prolonged cheerint.: :v.-V. :. v ; Durre Nominates Hemenway. 8enator Durre, of Evansville, placed in nomination the name of James A. Hemenway. He pointed to the long and .; honorable service of Senator Hemenway to his state and the nation both as a member of congress and as a senator, and said that while the fortunes of politics were fickle the career of Senator Hemenway would stand out as a bright era in the history of the state. He asked the senators to vote for him and show that they appreciate a faithful servant. Hemenway's name also was cheered by the majority side of the senate and Che republican representatives. The seconding speech was made for Hemenway by Senator Ezra Mattingly of Washington, and for Shively, by Senators L. P. Harlan, of this city; Evan Stntsenburg of New Albany and SVank Kistler of Logansport Vote Resulted 27 to 23. When the ballot was taken it showed that Hemenway had received 27 votes and Shively 23. Lieutenant Governor Hall announced that on the vote of the senate James A. Hemenway was elected. This brought forth cheers.'' This afternoon the house met at 1:30 and imeradlately took up the election of a senator. The senators returned the visit of the representatives by going over to the house to hear the oratory. And they were not disappointed, for they heard some of both hinds. Thornton Name Shively. Representative Michael C. Thornton of New Albany, placed Shively in 'nomination with a speech that made the rafters creak. Thornton comes from the Third district, which gave Shively several votes. Representative Fred I. King, of Wabash, one of the brilliant men of the house, '. nominated Hemenway in an eloquent speech. Seconding speeches by Representatives Emmett O. Mitchell, of Clarke county. Homer McOinnis, of Martinsville and John Sweeney, of Tell City. The ballot resulted 60 for Shively and 40 for Hemenway. Speaker Ho- - fcan declared Shively elected on the yote of the house and the democrats XOontiaued on. fag Eight.

Henry U. Johnson, representing the defendants in the case of Chitwood vs. Pepper, to set aside the will of George Frybarger, tried in the Wayne circuit court during December " on change of venue from Fayette county, filed a bill of exceptions this morning with the court. It is pointed out in the instructions that he court refused to give to each Juryman instructions read by court following completion of evidence and arguments on December 10. The defendants' attorneys also allege that because a guardian was had for Frybarger during his natural life that this does not prove he was of unsound mind. Many sections are devoted to explanations of the case. The Wayne county Jury decided In favor of the plaintiff in the case, on the grounds that the will made by Frybarger favoring the defendants

was that of an insane man. On De cember 19 the defendants' attorneys asked for a new trial but the motion was overruled by the court and the defense given 90 days to file bill of exceptions. If the court overrules the exceptions an appeal will be taken to the supreme court by the defense. BEF0REC0UNCIL "How Shall the School Fund Be Provided for If Saloons Go" Was the Argument. COUNCIL HAD A BUSY TIME LINCOLN CELEBRATION WAS GIVEN A BOOST AND ACTION DRIV INQ EXPRESSMAN OF STREET CORNER8 WA8 TAKEN. The matter of how the city would raise its taxes for the school fund, providing the saloons were wiped from the city was considered by council last night and City Attorney T. J. Study announced that - ft would be necessary to ' raise the city tax rate to the limit, $1.25. Te city derives $13,000 from such revenue. Council had a very busy time considering routine business. The business included the consideration of bills and claims and discussion of the city's wellfare in general. Judge Gavin of Indianapolis, who was interested with the city in trying the injunction proceedings instituted by the Terre Haute, Indianapolis and Eastern Traction company against the city presented a bill. His fee amounted to $333. The bill was allowed. The legislative committee of the Indiana Municipal league asked for $40 to guarantee its expenses in lobbying for certain amendments to the cities and towns -code of 1905 which was allowed after considerable discussion. Expressmen, who have been in the habit of using the street corners along Main street awaiting for business will probably be moved to the market lot, South Fifth and A streets. Much complaint has been registered about the expressmen blockading the side streets. City Attorney Study and the police will Investigate to see what can be done. Council gave the promoters of a Lincoln celebration privilege to place a bronze tablet to Lincoln's memory on the large boulder in the rear of the Glen. Mr. Merrill made a short talk In which he said the Y. M. C. A. would consider the matter this evening.". - . '.: v.,;V-.'. Several complaints were registered about water overflowing on the side walk on Main street, freezing adn making walking very dangerous. Councilman Englebert made objection to the poorly lighted condition of est Fifth street between the two divisions of the Pennsylvania railroad. Another failroad complaint was lodged by Councilman Burdsall against the G. R. & I. for failure to post a railroad crossing sign at Linden avenue. All such complaints went the usual route the board of works. LEAK IS SPRUNG Hi C. H. ROOF Court Bailiff Went to the Rescue. ; The, roof of t he court house just above the circuit court room has sprung a leak, due to the snow. This morning Court Bailiff John Markley several hours on the roof clearing It of the snow In order to prevent further damage. The roof is tile and it is believed that the leak is due to the snow melting and running under th tiles. .

SALOON

QUESTION

ARE NO RESTRICTIONS IN MUTUAL COMPANIES

Speaker States That Too Often These Concerns Are Built on Sand and Are Founded Without Capital. "Fire insurance companies do not want higher rates. They want lower rates, but want improvement in your risks." That was one of the statements of P. D. McGregor, of Chicago, in his address to the members of the commercial club last evening. H's assertion was regarded as somewhat surprising. The attendance was not as large as had been hoped for by the club officials. The gathering was representative of the insurance agencies of the city, but the business men were conspicuously absent. Change Contemplated. Mr. McGregor is a representative of the stock line insurance companies and came to Richmond to set forth the claims of this kind of companies. A week previous, the commercial club heard a presentation of the claims of the mutual companies. A . change in the insurance system In this city is contemplated aiTl the merchants had been desirous to hear statements from mutual and stock companies be fore selecting which should receive their patronage. W. K. Bradbury acted as presiding officer at the meeting, ; In introducing Mr. McGregor, Mr. Bradbusy said fire insurance is a good deal like shoes. But one buys shoes of tener and pays less attention to insurance than , ho does his shoes. The, quality is mads a point of consideration when shoes are to be purchased, because they are for wear,1 but the insurance policy is for looks and so Is laid on the shelf. Sailors Were Responsible. The origin of fire insurance was at tributed to the old sailing masters, whose vessels toured the Adriatic sea. The ships were small and subject to storms, so the owners formed a com pany and all paid in when one vessel was lost. Later the storm risk was not the only one and fire was one of the next elements to be considered This pass the hat system was mutual pure and simple and the mutual has not changed much since, declared the speaker. Continuing Mr. McGregor said: . Life Insurance Different. "The rates charged is what provided the greatest interest. The making of tire insurance rates is not as simple as it might seem. It differs from life insurance in many ways.. Mortality tables show the average length of a man's life and tie insurance compan ies know how to estimate. No tables show how many fires there will . be, however, nor do they show many busi nesses that are destroyed will be in sured in any one company. The fire insurance companies have nothing but previous experience to base their calculations on. The rates are determined in the effort to make each person pay his share. There is a continual fluctuation in conditions that effect risks. , Poor electric wiring has been found to be one of the chief causes of fires. r "The rates are arrived at in a sci entitle manner. The hazard is measured by the conditions. When a basic rate is fixed for a city everything is considered. In the states of most re strictive legislation,-the rates are the highest. Missouri intends to repeal its restrictive laws. The expenses of the average stock company are about 30 per cent. There are no commissions to local agents and taxes to be consid ered. . .. . " ' Liability Too Large. When one takes a policy in a mu tual company he helps bear the loss of all others and all others help bear his loss. The mutual" is without restrictions, so the liability is too large. If the losses run large and some members decline to accept, their share, ' then others have to pay additional assessments. Too often the companies are without capital. They build their houses on sand. The assessments are not fair and about fifty mutual com panies have failed in th past ten years. Then there Is no. reserve fund and the policy holder may find himself unprotected. The reserve adds strength and safety." Following Mr. McGregor, John W. Watters. secretary and treasurer of the Vehicle and Implement Mutual Insur ance company of Indianapolis took up the points advanced by the previous speaker. An interesting argument fol lowed. THE WEATHER PROPHET.

UN DIAJM Ri-er mm Wcdrttsdai3

SHE SINGS WHILE SEATED

"My goodness, I slip on ze pavement ven I came into ze theater, and I hurt my foot. Now I have only one foot, so I shall sit down and sing to you," breezily and excitedly exclaimed Mme. Marches! last evening as she hobbled onto the Gennett stage with the aid of a cane, to greet an abbreviated aud ience, which was present in the brave attempt to save the remnants of Rich mond's self-boasted honor of being "the art and musical center of Indiana." The great singer who weighs close to three hundred pounds, slipped on the ice as she was alighting from her cab to enter the theater and severely sprained an ankle. After the injured member had been cared for she gal lantly and most politely performed her part of the program, although her ankle pained her so that she was com pelled to sing all her selections while seated. Mme.' Marches! is one 'of the most marvelous singers of the age and those who heard her last evening will never forget her beautiful rich voice. Braham Von Der Berg, the famous violinist, contributed to the entertainment with several beautiful selections, entrancing his auditors. It is seldom that a more artistic program has been rendered In this city. Y.M.B. C. TAKES LEAD Hi LINCOLN DAY OBSERVANCE Organization Will Undoubtedly -Decide' at Meeting Tonight to Assume Management of Proposed Affair. ENDORSEMENT OF THE CITY COUNCIL GIVEN Permission Will Be Given to Dedicate Bowlder at Glen As "Lincoln Bowlder"Leeds Donates Tablet. It is practically certain that at a meeting of the directors of the Toung Mens' Business club this evening, it will be decided that that organization shall undertake the proposed Lincoln anniversary celebration. The . president of the club will present the matter. ' At an Informal conference of a number of the officers of the organization yesterday tile project was approved and as a consequence it is expected the united support of the club will be forthcoming. The proposition has met with decided favor among the representative organizations of the city. Committees have been appointed and these will confer with the Young Men's Business club's committee upon the matter. The ministerial association , - yesterday morning named a committee and last evening similar action was taken by the commercial club. The latter's committee - is composed of Adam Bartel, Henry Gennett and Pres. R. L. Kelly. Council Gives Authority. Announcemnt was made to the city council last evening that Rudolph G. Leeds has offered to defray the expense of placing a bronze tablet on the large granite bowlder , in Glen Miller Park. Council accepted the proposition and recommended to the board of public works that permission be given. The bowlder will be dedicated as the "Lincoln Bowlder." Suitable dedicatory ceremonies will be arranged for as a part of the birthday celebration. It has been suggested that the tablet bear the dates and a reproduction of the famous Gettysburg address. . The township schools are arranging to observe the date in accordance with a general order from the authorities. The city schools probably will take some cognition of the day also. Meeting at Coliseum. The Young Men's ' Bupsiness club will oonaidar a plan for holding a public meeting at the Coliseum on the evening of February 12. Lincoln's birthday and of engaging the Rev. JJ Everist Gathell of this city to deliver his celebrated lecture on Lincoln. : Several other cities want to secure the services of Mr. Cathell on this date, but it is thought he can be induced to speak here. :' ..." " .' .'" " ' M. E. REVIVAL There will be revival services at Grace M. E. church this evening at TrSO. A cordial Invitation is extended

- he

When Rep. Brolley's Measure

Is Read by Clerk, House Members Interrupt With Hand Clapping. FLOOD OF BILLS WAS POURED IN BY S0L0NS Two Bills Recommending an Amendment of the National Constitution for Direct Selection of Senators. Palladium Bureau. Indianapolis, Jan. 19. For the first time in many years a bill was cheered when it was introduced in the house yesterday. It was the bill of Representative Brolley, of North Vernon to legalize the playing of professional baseball games on Sunday throughout Indiana, such games to be confined to the hours between 2 and 6 o'clock p. m., on grounds that are at least l.OOO feet from any church. When the reading clerk read the bill there was loud hand clapping in the house, the applause coming from both sides. There is general belief that the bill will pass and that Governor Marshall will sign it. Was Flood of Bills. There was a . flood of bills in the house and a dozen or so in the sen ate, yesterday - afternoon, it having been the first real opportunity the house members have had to get their bills out of their systems. The house came through with about sixty bills, Some were important, many were not. One bill to abolish the office of Fish and Game commisioner, Two - bills. one by Representative Eschbaugh; re puhlicanof - Warsaw, and the other, by Chrlsney, of Spencer . county.dembcrat, provide .for a reduction' of the salaries of circuit court, and superior court judges from $3,500 to $2,500. Two years ago a bill raising them from $2,500 to $3,500 was passed. Something like $100,000 a year would be saved by the reduction in salaries to their old figure. Tonic For Blind Tiger. A bill was Introduced by Representative Sicks to. strengthen ' the "blind tiger" law by requiring physicians to state in writing on each whisky prescription that the liquor is needed for medicinal purposes. Sicks also Intro duced a bill stopping boot legging by providing that liquor purchased at a retail saloon must be drunk on the premises. Representative Askren introduced a bill to abolish the state board of em balmers and another to abolish the state board of optometry. A proposition was made In a bill In troduced by Representative Fitch of Delaware county to make the state a present of the old Normal , School property at Muncle, provided the state will maintain It as a normal school. Two efforts were made to get legislation for choosing of the United States senators by the people. Seuator Kling of Miami county, offered a resolution asking congress to submit an amendment to the constitution pro viding for the election of senators by direct vote of the people. Kling is a republican. In the house Representative Bassett of Marion county, a democrat, introduced a bill providing that candidates for United States senator shall be nominated at party pri maries. This is another case in which party lines seem to have been wiped out on a proposition. A New Cities Bill. Representative Wickey of Lake county introduced a bill providing that cities shall automatically change from one class to another, as their population changes. Another bill by Wickey provides that the owner shall receive pay from the state for all cattle killed as a result of the tuberculin test. Many cattle on dairy farms In Lake county that supply milk to Chi cago, have been killed under orders of the Btate board of health after the tuberculin test was applied, and Wick' ey believes the owners should not lose their value. ;.,;. -. ,., A bill providing that all monies left by deceased prisoners - in the etaca prison shall be spent for books for the prison library. A bill Introduced by Repjresentatlve Wells of Allen county, provides that property owners may make street repairs In front of their own property. : Senator Kane of ' Hamilton county. Introduced a bill to extend the employers liability bill so as to make.lt apply to an employers.- w Bank Appeal Provided. One bill that has caused much comment is the one introduced by Senator Bowser of Lake and. Porter county. It provides that whenever a - county finance board refuses to approve a bond offered by a bank or trust company that has been selected as a publie depository the bank or trust com pany may appeal to the circuit court.

RESOLUTIONS DRAFTED

The annual election of a board of directors for the Richmond Commermercial club will be held Monday, February 8. It is the custom of the club to vote on a choice of two boards and for the purpose of proposing these boards, two committees were appointed by the president of the club last eve ning. Each will present its list of can didates. The club's fiscal year begins with March 1. U is required by the rules of the organization that the list of directors that is to be voted upon be published five days In advance of the meting. The commutes are composed of the following: No. 1 George H. Knollenberg, P. A. Reid. Theodore Hill. No. 2 George C Balllnger, John Hasemeier and Paul Ross. The Judges will be I. N. Drury and A. W. Reed; the clerks, Ira Wood and E. B. Knollenberg. At its meting last evening, the club approved the resolutions on the death of the late Henry E. Robinson. The resolutions were prepared by Charles E. Shlveley, W. J. Robie and George 8eldeL TREASOU IS WHAT KERII CULLED IT Erstwhile Senatorial Candi date Denounces Labor Decision ofo Judge Wright. MINE WORKERS APPROVED TWENTIETH CONVENTION j, UNITED MINE WORKERS OF OF AMERICA 13 NOW IN 8E88ION AT INDIANAPOLIS. ; Indianapolis, ' Jan. 19. The twen tleth annual convention of the United Mine Workers of America was called to order - by President Lewis at 10 o'clock with fourteen hundred delegates present. The proceedings were of a preliminary character. The time consumed by welcoming addresses on behalf of the city and the state and speeches by prominent labor leaders, a large number of whom were on the stage. John W. Kern, the erstwhile vice presidential candidate of the dem ocratic party also addressed the delegates, lauding their organization and Its purpose. His reference to Mitchell was warmly applauded. His reference to the sentence of Gompers, Mitchell and Morrison, which he said, made the country stand aghast and which he denounced as little short of treason be cause they had not been tried by a Jury of their peers, met with unanimous approval. There was no business ses sion today. - SELECT DELEGATES Local Commercial Club to Be Represented at National : Tariff Convention. BUSINESS MEN INTERESTED Delegates have been named by the Commercial club to attend the nation al tariff commission convention which will be held nt Indianapolis February 18-18. This convention will be the most Important of the kind ever held In this country. Invitations have been sent to- nearly every commercial or business men's organization in the country asking that delegates be sent. President McCarthy has appointed as local representatives S. E. Jones, E. O. Hill, S. S. Strattan, Jr.. Charles Holton. Henry Gennett, S. E. Swayne. B. B. Johnson, James E. Carr, S. H, Jones, Adam H. Bartel and Nettleton Kelt. : Local business men and manufac turers are Interested in what. will be done at the convention. For this rea son the number of delegates is large and .reports will be expected from those who attend. A number of the most Important Industrie of the eoun try which are effected by the tariff, are represented In the personnel NoC the committee. NEEDS ABOUT $1,200. John Beane who has charge of the soliciting funds ; for the - Earlham Heights . Presbyterian church stated this morning that instead of there being $1200 more than the required amount In the treasury, that a little mere than this - amount was neded. Mr. Beane states that the work , at present Is delayed because of the in-

Bonded Indebtedness of the

City Only $231,000 and There Is Over $13,000 in The Sinking Fund TELLS OF IMPROVEMENTS MADE THE PAST YEAR BiaSBSBSSBBSS " He Differs With Those Who Contend Heavy Sewer Con- . struction Past Years Was Grave Mistake. At council meeting last evening Mayor R. S. Schillinger submitted his annual report to council. He takes occasion to throw several boquets at the present administration, which of late has been under fire for alleged extravagant expenditures of the city's revenues. , The mayor's report in its entirety follows: Report of the Mayor. To the Common Council of the City of Richmond, Indiana: In presenting you my annual report of the city's condition at the beginning of the present year, I first congratu late yon upon the fact that both physi cally and financially our city is to better condition than at any other period of its history. Ever since the annex ation of the territory , now known asWest Richmond complaints have been made of the necessity for sewers to drain the entire west side of the city and the need became so great as to greaiiy retara me citys growtn. Finally the demand became so urgent that, during the year 1907, the present board of works began the necessary proceedings for sewerage systems to west of the river and south of the tracks of the Cbieag0branch. of the Pennsylvania Railway company,, and. After many months' advertising for bids, the contract was let and the greater - part of this work has been completed and paid for during the past year. In close connection with these sewer-systems was the viaduct under the tracks of the two branches of the Pennsylvania Hallway company . at West Second street. This latter improvement was decided upon almost was condemned and benefits collected at that time. Only a portion of the benefits then collected were paid out for damages awarded and so a good share of this money was used In the city's general fund. The contract was let by which the city. In conjunction with the. P., C C. ft St. L. R. R. Co.. nas ior sjeverai monies oeen constructing the viaduct and the opening of West Second street, as contemplated when the improvement was first planned so long ago. These several Improvements have cost the city largely. $31,145.51 having already' been paid out on ; the city's share of the same And there win be some $14,000 more to be paid during, the present year to complete the viaduct and the sewer system connected' therewith. To the above amount of $31,145.59 should be added $8,050.55 for the city's share of other Improvements In the way of streets, alleys, and sewers, making a total expense, of $39,202.14 during the I year on ac-( count of such public Improvements. . But little of this work was contem-' plated when the annual budget was' made In Sentember. 1907. aa but 15 -k 000.00 was appropriated for such, work- during the year hence the. necessity, of raising almost $35,000 In' other ways.- By close economy and. by the collection' of some un looked for taxes,, this , balance was cut to $21,000 and. for this amount ft was deemed best to issue snort time bonds which were sold at the extremely low-, rate of 1.(5 par cent Interest aad for a small premium, probably the best bond sale of any municipality In the. state during the year, which Is probably the best possible proof of Rich-, mood's present prosperity. During the past year the $25,000 city bonds which became . due were paid at maturity sad hence the net Increase In bonded Indebtedness was. but $22,500, making a total on Jan-' uary 1st. 1900 of $231,900 bonded debt. As an offset to this Increase of bonded debt, we have now la tbe sinking fund for the purpose of paying off tbe bonds as they come due, a balance of $13.74$ Jf, which Is an Increase of $4,790.7$. So we have in this fund enough to pay the $7,000 bonds due within a fortnight and then a balance of at least two thirds of the entire amount in the fund a year ago. On January 1st. 1908 there was in the general tend of the city $393.43, and on January 1st, 1909. a seJance of $13.01.79, being almost -13.000 more than one year ago. and I am laformed by the controller that, so far as he has been able to leers, every dollar owed by the city, outside of Its bonds, has been paid, which,' to my mind. Is a record ef which we can all feel proud. " ? The revenue of the city during the past year has been derived from the