Richmond Palladium (Daily), Volume 34, Number 241, 8 July 1909 — Page 8
JIRrU'lV
THE RICHMOKt PAIiLADIU5I AXD SUJT-TEIiEGRAM, THUHSDAY; JULY 8; 1C0D.
no
O DEFEAT L
GflJIB OF COMPANY
T THE CONTRACT
Placing Double Track Through
County Infirmary. It Is
Thought, Will Cut Off the
Water Supply. HAD COMMISSIONERS
AUTHORITY FOR ACT? The County Attorney Is Now
Wrestling With the Prob
lem Old Board Did Not
Foresee Double Track.
uia ine county commissioners go
beyond their power, when in 1886 they contracted with the Pennsylvania railroad company giving it the per
petual right to make any improvements and use land belonging to the county farm it might want? , The question Is one which the county attorney and present board of commissioners now are worrying over. There seems to be no question but that the contract as drawn up originally, is a valid one but there is a probability that ; the commissioners went beybnd their authority. Court decisions have held that a board of commissioners has no right to give a perpetual grant of county land. It is held also, that the "outlaw" law might be construed to apply in such a case. When in 1880 the commissioners allowed the company to acquire the right to take the county farm land to double track or raise or lower fills, it was specifically provided that no lapse of time should interrupt the validity of the contract and that the company acquired the right forever. May Cut Off 8prings. The only trade made by the rail
road company in consideration of the valuable privilege it acquired was the use of water from springs located on Its right-of-way on Jackson hill. As It Is the county can not set out of th
'entanglement without' expense. At
present the entire water supply for the county farm comes from these springs. If the right-of-way may be widened and another track Dut in. dis-
; arrangement of the present water sys-
. tern will follow. The railroad com-
pany guarantees to protect the springs so the farm will not be cut off from the
water, but how this can be done has
i not been ascertained. An engineer of
.'the company who consulted with the ; commissioners yesterday admitted
frankly that at present he can not tell
what the arrangement would have to
be.
It is probable that a strip of land the full length of the county farm east and west and about sixty feet
wide would be required to place an
other line over the hill. The railroad
! la now engaged In double tracking its
system from Columbus, O., to Indian
apolis. It is ; buying the necessary ' right-of-way and the commissioners had expected a neat sum in exchange for the1 Valuable strip through , the
county farm. The commissioners were wholly unacquainted with the
contract of 1886 which bestowed on the company this privilege whenever it
might desire It. Failed to Foresee.
Residents of the vicinity of Centerville say they remember when the railroad sought the contract with the county. It was believed then that the
double track would never be built and
that the grade at Jackson hill never
would be lowered. It was the impres
sion tbat the strata of gravel was un
eeriaia witn quicksand and that to
make a deeper cut and place a rail
road bed on the quicksand would be
ill advised and altogether Impractical.
Trouble was experienced by the trac
tion company, when it sought to put
in a crossing at the west end of Jackson hill slope. Quicksand was encoun
1 tered and the tracks had to be laid out
in an open field, as it was the only place a solid foundation could be obtained. Little then did the public realise what the marvels of present
cay engineering would reveal.
Municipal Plant 'Prosperous
As was announced In the Palladium recently, the municipal electric lighting 'and power plant has this year proven beyond a shadow of a doubt that, so far as Richmond is concerned, municipal ownership is a success. Last evening Controller Parry submitted to council a report on the business done bv the plant for the past six months. As the Palladium previously announced the plant is now only indebted to the city $14,895.67 and It Is cuite probable that before January first, this amount will have been paid into the city treasury. Mr. Parry's report follows: "I herewith submit a report of the account of the City of Richmond with the Municipal Electric Lighting and Power plant for the six months ending June 30th. 1909, together with' some comparisons with previous years: Amount due city January 1, 1909.. .. .. $33,977.50 Paid out since then: Operating expenses, Including, interest on bonds.... $21,369.08 Construction expenses;. .. .. .. .... .. .. .. .... 3,813.44 25,182.52
Total debit. .... . .. .. .. .. .. .. .. .. .. ...... .. .. .. ..$59,160.02 Receipts since January 1, 1909 44.354.35 Balance due. the city . . . . . . .. .. .. .. .. .. .. ..$14,805.67 Total receipts for six months. 1907.. .. .. .. .. .. .. .. .. ..$37,592.61,
9f642.11
Total receipts for six months. 1908..
Total receipts for six months. 190?.. .... .. .: .. Total operating expenses and bond interest for 6 months, 1907. . Total operating expenses and bond interest for 6 months.. 1908. , Total operating expenses and bond Interest for 6 months. 1909. . Total construction expenses for 6 months, 1907. . . . ... .. .. Total construction expenses for 6 months, 1908. . .. .. .. .. Total construction expenses for 6 months, . 1909. . .... . . . , Receipts for 6 months over operating expenses and bond inter est, 1907.. .. .. .. .. .. v. Receipts for 6 months over operating expenses and bond inter est, 1908 .. .. .. .. .. .. .. .. .. .. Receipts for 6 months over nnerafine' OTnonesa aiA lumj Inf..
- jf- -- lJ v,-wuw.. 1111 WU4 ... 1 est. 1909 .. 22,985.27 Total disbursements for six months in 1907 exceeded receipts $13,924.38. Since then the receipts exceeded total disbursements: 1908, $12,785.44. and 1909, $19,171.83. , ;-., Respectfully,
i' H'7t - WEBSTER PARRY.
City Controller.
44,354.35 21,632.60 20,345.34 21.369.08 29,884.39 5.511.33 3,813.46 15,960.01 19.296.77
COUNCIL FAVORS IMPROVEMENT III
SUBSTANTIAL WAY
(Continued From Page One.) council. Prank Watt. Fred Davenport wad William Osborn snaavin wn-
liam Osborn objected to the Improve
ment, Decause . ne did not want the street to remain torn up until next spring. He said he would agree to the Improvement, providing he had assurance, that the street would be
Tfcc DcXlctocs Teste . of a cup of well-made - IPflDSTILM la similar to Coffee, without the Coffee hurt. "There's a Reason"
macadamized this year. The other
two favored it.
Failed Reconsider. Following these expressions. Coun
cilman Englebert moved the rules be suspended and the ordinance placed on its passage. The vote to suspend the rules, and that subsequently taken on the passage of the ordinance, was unanimous.
Councilman Englebert and others
prompted by this action then proposed that the 'ordinance requiring the
paving of Eighth street be reconsid
ered, with an idea of putting it
through in one evening. Councilman Englebert asked whether any one would protest to such action with
the result that Councilman Deuker
entered objections.
There is little Question but what
the improvement will be ordered at the next meeting of council. It has been up for consideration for several
weeks and, according to the councilmen, nearly all citizens favor it, except six of the eight resident property holders on South Eighth street. City to Pay One-Third. Objection was made by tjese property owners owing to the expense. An effort will be made to have the city pay one-third the cost of the improvement, after the expense to the street
car company is deducted. A meeting will be held by the board of works Friday morning, at which the committee on streets and alleys will be present and urge the board to make this proportionment of the cost of the improvement City Attorney Stud; says that the board can not do this legally but from the standpoint of fairness, it should be done. The' recent law passed by the legislature provides that the property owners pay for the Improvement of a street with the city paying for the intersections. However in the past it has been the custom for the city to meet one-third the cost of the improvement of any street, and it is probable that such will be the course followed this time. An ordinance for the permanent improvement of South Eleventh street between C and E streets was brought upon third reading and passed unanimously. It provides for the construc
tion of cement sidewalks, curbs and
gutters. . A recommendation was presented by Councilman Bartel for the cementing of the roadway in the first alley south of Main between Ninth and Tenth streets, also for a similar improvement of the alley connecting this alley with Main street. The matter was referred to the board of works.
MRS. DANIEL HOPE DIES WISCONSIN Former Principal of the Garfield School.
Mrs. Daniel Hope of Sparta, Wis., formerly Miss Delia Posey, who, while a resident of this city, was principal of the Garfield school, died this
morning at her home, after a long ill
ness, according to a telegram received by friends. Mrs. Hope was principal of the Garfield school about ten years ago. She is a sister of Mrs. Benjamin Sands of this city and Mrs. Frank
Jones of Milton. It is not known
whether the burial will be in this city or not.
GENERAL PUBLIC WANTS THE PARK Strong Sentiment for West Side Project. Although the subject of the pur
chase of enough lots by the city located along the west bank of the river
to guarantee protection of the beautiful trees was not brought before council last evening, the matter was discussed by several of the councllmen
"outside of meetin' " It was given approval. Public sentiment favors the project and It is regarded as a wise move.
FOULKE SHOWS THE
TROOBLEJITH LAV, a- . "
Prominent Local Man Points
Out Its Delays and Uncertainties..
SPEAKS AT INDIANAPOLIS
ADDISON C. HARRIS, ANOTHER WAYNE COUNTIAN, ADVISES
ADAPTATION OF SOME EURO
PEAN PRINCIPALS.
Indianapolis, July 8. The first day
or tne thirteenth annual meeting of
the State Bar association of Indiana at
the Country club was given over yes
terday to a discussion of present weak
nesses of the law an4 its practice and
recommendations to a cure. William Dudley Foulke of Richmond in a na.
per on "The Trouble With the Tjiwj
pointed out the rtlavR
- --"-rf - .si.s;0f expense and the injustice of a number
or the law's doctrines. Addison a
Harris suggested an American adapta
tion or tne European principles of compensation for injuries, in a paper on "Modern Views of Compensation
ior t-ersonai injuries." Judge James S.
iXKlge of Elkhart urged that the elf.'
tion of judges be taken out of politics in a paper on "Indiana Courts." The only eulogy of the profession was pro
nounced by the president of the asso
elation, Daniel W. Simms of Lafayette
in tne opening address on "The Law
and the Lawyer." Foulke's Address.
In his paper Mr. Foulke snoke from
the standpoint of one outside, having
retired from active practice more than
fifteen years ago.
"When I was engaged in the prac
tice of the profession," he said, "I saw
the golden side of the shield clearly
wow I see the side of iron. The ex
pense, the technicalities, the intermin
able, delays which do not seem so ob
jectionable to the lawyer, are now hor
rible monstrosities, so that I am often
inclined to forego the demands of ab
stract justice and agree with mine ad
versary quiclfly. To a client, the shad bws darken over the landscape of jur
isprudence. He takes very little inter
est in the symmetry of a wonderful
science. He has merely the Dainful
consciousness that when he gets into
a lawsuit he never knows when and
where he is coming out, or what the
thing is going to. cost him.
Uncertainties of Law.
The uncertainties of the law are due
in part to its comDlexitv. I rPTrtpm
ber a distinguished lawyer's lament of the degeneration of legal ability. 'In the early days,' he said, 'at the time of
Blackford's reports, there were few decisions in Indiana, and none of us could afford a good law library of de
cisions elswhere. When a lawyer had a question in court he would eo out to
the woods some afternoon and think it
out for himself. The result was that we had men of some originality, and
we had sound decisions. Now a law
yer hunts up all the authorities; he does not rely on his reason alone. He finds twenty-five decisions on one hand
and twent-six on the other, and he
tries to balance between them as best he can. We have poorer lawyers and poorer judges and a great deal harder
work in finding what the law is. "
HAVING AN OUTING
The camping party composed of the families of Harry Penny and Charles
Jordan have returned from a week's outing near Mlddleboro. Those were great tales Penny and Jordan were
telling at the court house this morn
ing about their prowess as hunters and
fishermen.
AT CHILDRESS HOME. Instead of holding the weeklv nrnr.
er meeting at the Christian church. Tenth and South A street this evening, the meeting will be held at .the residence of John G. Childress, north
Twelfth street . Rev. S. W. Traum
will give a talk on "Christian Citizen
ship."
DEFINITE SHAPE
VILLPLAIIS TAKE
Sunday Methodist Celebration
Will Be Arranged.
Plans for the centennial celebration
of the founding of Methodism In this county will take a more definite shape at the meeting of the pastors and lav
representatives of all the methodlst
canrches In the county next Sunday afternoon, at the Grace M. EL church. Invitations to the different blshons
have been extended by the committee ad renlien are exoected In a. short
!!Wo(SyiKIIR)g)0MO(gGlJ
Open All the Year Round Twe hand red featklMSMS. totals and tiwd tne hoMS after ccoiw.aatlM. sad rates te . salt all tastes sad purs. Mt. Clemens Mineral Water Baths Nature's Cure for -
RHEUMATISM and All Nervous and Blood Diseases
t.tSZSZSzLS1 wi-2.Li.fiLF -PLKASURR RBSORT Increases with
TTTrT.Hi rnZ.. Twr.-..i.:..."f r reel. Health ana amaaemen. A ne merit. ofJR. Olemena Mineral Water Baths are attested by eramlnenft nhTsMuia mmmt mP?VP roWban t'ftlT-'?." yrery half hwt. Illtwtratrd book ofkt. Clmena mailed free. Address t. H. EASTMAN, Chambers Cemmeroe. Mt. Clemens. Mlefe
Development Is Essy With a KODAK TANK. No dark room, better results. We have all the materials.
W. H. ROSS DRUG CO., 804 Main St
Boss Straw Hat Cleaner
- 10c
MONEl We lean money in sums of from $5 to $200, en household goods, pianos, teams, livestock, farming implements and all ether personal property, without removal, giving you such time as you may desire In which to rtpay us, and making your payments in such amounts and at such times, as may best suit you. IBSnnfl, LISTEN? We furthermore agree to loan you money at a rate which Is GUARANTEED TO BE LOWER than can be had of any similar concern In the city, none excepted. Ws effcr every advantage to be had of other concerns, and in addition, a lower rate than any. Does this sound good to you, Mr. Borrower? Then investigate, and place your loan where your best interests may be served.. Our agent will call at your residence, if you desire, and fully explain our methods. Open Tuesday and Saturday nights. HMMAFJA LOAM CD.
Phone 1341. Third Floor Colonial Bldgn RICHMOND, IND.
Room 40,
A IIEVOTEIKUn HASJEEII IIAMED Ed Warfel Appointed to a Federal Position.
In a letter to a local constituent Congressman Barnard announces he has appointetd Edward Warfel of this citj- to a position as clerk in the congressional postofflce. The position Is now held by Gath P. Freeman. Mr. Warfel Is at present engaged in local newspaper work. Freeman will resign from the position to practice law.
AFTER ANOTHER BIGCOBVEIITIOII Richmond Wants 1910 Meeting of Y. M. C. A.
Still another convention may be obtained for this city in 1910. the Y. M. C. A. state convention to be held next spring. At the meeting of the state board,' July 13, of which Sharon E. Jones, of this city is president, Mr. Jones will present Richmond's claim. The prospects that Richmond will obtain the convention are flattering. It will be one of the biggest events of its kind which the city can secure. But one or two other Indiana cities are making bids for the convention,. Two Kettlaa of Water.
Sir Robert Hart, speaking of marriage and death customs in the far east, told a story cf a great Chinese scholar and Lljh official who said tbat the foreign way of letting the young people fall In love and choose and the Chinese way of first marrying and then making acquaintance reminded him of two kettles of water. The first the foreign was taken at the boiling point from the fire by marriage and then grew cooler and cooler, whereas the second the Chinese was a kettle of cold water put on the fire by wedlock afjd ever afterward growing warmer and warmer, "so that," said bis friend, "after fifty or sixty years we are madly in lore with each other!"
hi mt
One of tha Dead Cities In Holland. I drifted on board one of the tiny steamers of the Zuyder Zee and journeyed to Hoorn. Heorn is one of Holland's deed cities one of the many whose prosperity and wealth departed to come no more as the shifting sands of the North sea blocked up their channels and drove away the rich commerce that was their fortune. Now they are dead indeed. A. tiny remnant of a great population clatters along their deserted streets, a few of the ancient mansions house hnmbler inmates, and all about is rain. Amsterdam Letter to Springfield (Mass.) Republican.
SrtAmrs: Good housewives nrf fisAA
lour. Saiam
AN UNUSUAL
Ai
MPT
WART
Made possible by manufacturers' inability totdeliver earlier. 300 ElocanrUlhito Lincorlo Shirt Waloto Should have been delivered 'tour weeks ago; have just arrived. He tells us to keeptthem and sell them, and makes one-third concession, SO GIVING OUR CUSTOMERS THE BENEFIT OF THIS UNUSUAL SAVING. WE PLACE THEM ON. SALE; 25 DOZEN, $1.50 LINGERIE WAISTS AT -'. ' 4
Gee West Center Csso
R-"MMP"Ain
3 PER CEWT. OH SAVINGS
KMIIiVH
PaUadiuci Wsat ACs Go Iz&o All
o n
July and August are the two months in the year that give you the most FOOT TROUBLE Your feet get HOT, BURN, ACHE, PERSPIRE and as a result you get out of sorts and out of humor. Why not get something LIGHT, SOFT and EASY and avoid all this trouble. t ..... . . ... r ' We have in stock a very complete stock of Ladies' Slippers for house cr street wear. Here are a few: X - LADIES' VICI, HAND TURNED SLIPPERS with or without straps, 50c to $10 LADIES' PATENT, HAND TURNED SLIPPERS, $1.00 to $2.00. LADIES' KID, HAND TURNED BEADED SLIPPERS, $2.00 to $2.50. LADIES' VICI, HAND TURNED JULIETS with Ru&ber Heels and RuSAcr in ths side, plain toe and tip, $1.50 to $2.00. ONE LOT OF TAN PUMPS, HAND TURNED, neat and dressy, which ve have been selling at $2.50; to close out at $2.00. If you are looking fcr sonstfcina COMFORTABLE and COOL we can show you the greatest variety in ths city. Ask us to show you.
Always the Dcpl far dc Lccst T.2cn2y
1