Richmond Palladium (Daily), Volume 34, Number 304, 9 September 1909 — Page 1

MTO'OTJ) ' F AXJL AMTOM

T AND SUN-TELEGRAM. VOL. XXXIV. NO. 304. RICHMOND. INI THURSDAY EVENIXti, SEPTEMBER 9, 1909. SINGLE COPT, S CENTS. FIGHTS TO SYDNEY WAITS FOB PEARY WHILE COOK IS GIVEN DEGREE BASS FAMILY IS FlflED BUT FEEL WELL SATISFIED Railroad King Loses Fight TOWEAfflBI NTAIN METER CHARGES

WATERWORKS

II

Proposed Ordinance oi City Attorney Study Draws threats of Increased Rates and Law Suits-Atty. Shiveley Charges Study With Playing Politics.

FIIIAL .ACTIOS POSTPONED -OR THE

PROPOSITION

Palladium Censured By the Waterworks Attorney for Its Efforts to Watch the Interests of the People -Certain Councilraen Fear Political Effect of Their Action and Company May Prevent Unfavorable Laws.

given two Council was given two conflicting opinions by attorneys last evening in regard to the franchise of the Richmond City Water Works company. 3ty Attorney T. J. Study claims that the water works company merely holds a license to use the city streets and a icontraCt to run three years yet for the purpose of supplying the city with 'water. - R. K. Shiveley, attorney for kthe Richmond City Water Works comjpany, presented his side of the question, and said that the company held a perpetual franchise to use the city Istreets, but that Its contract with the city to furnish water, expires In three years. The discussion between the two attorneys which left council far from clear on the subject, began in the consideration of the ordinance, which came up on third reading, to make it illegal for the water works company to charge meter rent, and which will, if passed, prevent it from making the tseml-annual collection, which. aAls.due October ,vf-v;;v. ' y'. ' V' The ordinance was put to a vote and Bartel, Brown, Burdsall and Deuker voted "no" for Its passage which , was uff lcient to kill the ordinance, considering the fact that there were only eight members present. ' However, after some discussion, it was decided to ;allow the ordinance to lay over for two more weeks " and vote on it at that time. '' Y : Threatens Raise In Rates. Charges were made that if this ordinance was passed, the water works company would raise its prices. It was also intimated on the part of councilman and R. K. Shiveley that the ordinance which was drawn up by Mr. Study was a political move for popular favor, R. K. Shiveley also said that If the ordinance was passed, the company would consider it a direct slap at (It and its proposition for new contract between the company and the city, .which is now pending before the board of works. He stated that the company would protect itself, even though It had to go to the courts. All of these arguments Mr. Study answered. Concerning the franchise pending before the council, Mir. Study aid that the regulation of meter rents had nothing to do with a new franchise. He declared the present system of charging meter rent to be wrong and unlawful. He urged that It be passed last evening or else It would not be effective October 1, but later, after carefully considering the matter said that' it could safely lay over two more weeks and still become effective if the ordinance was passed. Even though the council refused to pass the ordinance, It Is probable that some litigation will be instituted by Mr, Study against the water works company, preventing them from collecting their semi-annual meter rente in October. Not Afraid of 8uit. Mr. Study says that he is not afraid of a law suit. He referred to the fact that the city had been unusually fortunate while he has been city attorney and has not paid one cent of damage. He also claims that the-city has the power and authority to. compel the company to put water meters In the homes. Councilman Bartel Interrupted to inquire whether it was a fact that the city had the right just expressed by Mr. Study and the latter replied that it was a matter of law, Implying that It was a fact, because the city has the power to regulate its franchises. The waters were rather troubled between Mr. Bartel and Mr. Englebert of the council, and Mr. Study, and councilman Deuker tried to pacify the three. He said that Mr. Study had always given efficient and truthful service. To which Mr. Englebert replied that Mr. Study was trying to force council to vote on the ordinance. To this Mr. Study said that some small boy misunderstood him, and that his only hope was that some member of council would force a vote on the ordinance. , Direct Slap at Company. R. K. Shiveley asked the privilege of addressing the council and in answer to Mr. Study's arguments for the passage of the meter rent ordinance, said that aax rack mora on the pajrt ofrtbicL

TILL NEXT

MEETING

council would be considered a direct slap at the water works company and j would be accepted by the company for . just that much. He emphatically j stated that it would result in litiga-! tion. He claimed that the company! has a perfect right to charge meter. rent. The citizen has the option or paying either a flat rate or to have hi 3 water measured, and pay lor the privilege ot the same according to Mr. Shiveley. Mr. Shiveley claims that it is a mere form of contract between the company and the citizen. " Mr. Shiveley censured the Palladium for taking its stand on the water franchise question. He said certain people in this community had made charg es without investigation and have i jumped at conclusions. According to the attorney, The Palladium even went so far as to use the expressions "steal" and "theft," concerning the proposition of a new contract between the city and the water workscompany. The-wmpany, IwaMwllfr i i consent to allowing the meter rent charges to be done away with. " To Fight- Confiscation. Any attempt to confiscate the projn erty of the company will also be fought, according to the company's attorney. He advised that the matter be dropped until after the expert engineer thoroughly Investigated the proposition. The company will not consent to any guess wwrtc derivations in this matter, according to Mr. Shiveley. He said that the company had no inclination to be unfair about the proposition and that the only way to be fair Is to base an investigation on facts. He even said that the friendly relations between the board of works and the company in consideration of the company's proposition for a new contract now pending before the board, would be immediately dropped, if the ordinance up last evening was pushed. He feels that the city and company can arrive at some agreement satisfactory to all, following the report of the expert engineer. He concluded his first discourse by saying the meter rent ordinance smacked too much of the big stick. Mt. Study again took the floor and said that any ill feeling between the company's officials and the city had never been considered or even heard of by him. He said that he is friendly to the stockholders of the company, but because he holds such an opinion, he said that it was no reason why ho should consent to anything dishonest. Not Ghost of Franchise. "The water works company has not a ghost of a franchise. It merely holdg a license to use the city streets. Its claim of a perpetual franchise is bosh." The very fact that the company claims its franchise is perpetual shows that it has no franchise, according to Mr. Study. He said that a perpetual franchise revoked Itself. He also claims that the company will have no contract or franchise rights after its contract with the city expires in 1912. The board of works will not consider the proposition for the new contract, presented to it. It was put to this body for the purpose of a feeler, said the city attorney. Because this clause In regard to meter rents is not included in the company's present contract with the city, is one reason why the city has the power to regulate the matter of meter rents, according to Mr. Study. He gave several examples in which the higher courts had sustained what he said. He says the question at stake is whether the meter ordinance protects the public He himself, holds no doubt that the city has the power to regulate tha use of meters for the purpose of protection of the customers of the company. He said it is the nature and purpose of the police power to protect the public v The Almighty Dollar. Mr. Study said that the proposition is a question of the almighty dollar with the company. He said that he Is willing to take the burden of litigation In his own hands. He said that he wanted the ordinance passed last night so as to be effective October 1, A vote was then taken on the subject. Bartel lead off with a vote of Con tinued on. JPage JFmr

Danish King and His. Royal Court Confers Honors on American While Scientists Lend Their Applause.

GENEROUS WELCOME FOR PEARY AND HIS PARTY Wife and Daughter Leave Their Maine Summer Home To Greet Him Launches And Tugs Begin to Arrive. (American News Service) Sydney, Cape Breton, Sept. 9. Many Americans are coming to greet Commander Robert E. Peary and exteni personal congratulations to him here today. Sydney is excited with keen anticipation. The exact date of the arrival is not known as yet. The explorer's wife and family left Portland, Maine today to be among the first to greet the hero of the arctics. Motor boats, tugs, private launches and yachts are being decorated in honor of the visitor. The city will tender an official reception. (American News Service) Copenhagen, Sept. 9. In the presence of King Frederick, the queen and Danish Crown Prince and other distinguished members of the royal family the degree of honorary doctor ot science was conferred upon Dr. Frederick A. Cook in the Royal Danish University today. The diploma was conferred amid great enthusiasm, prominent scientists joining in nan I clapping. Point Amour via Quebec, Sept. 9. The Roosevelt, with Peary aboard, is still at Battle Harbor this morning. The weather is fine along the coast. PEARY'S BRIEF OUTLINE. London, Sept. 9. Commander Robert E; Peary's last and successful dash to the North Pole cost one human life, that of Prof. Ross G. Marvin who was drowned four days after the pole had been discovered. From Battle Harbar, Labrador, Commander Peary cables a brief chronological history of his dash. According to his own statement, the explorer spent two days on the top of the earth, arriving there on April 6, 1909, and leaving on April 7, after copious observations had been taken. Commander Peary's brief outline, a3 cabled here, is as follows: "July G, 1908, left New York. July 17, left Cape Sydney. August 1, arrived at Cape York, Greenland. August S, left Etah, Greenland. September 1. arrived at Cape Sheridan, Greenland. September 1 to Februarv 15, wintered at Cape Sheridan. February lo, the sledge expedition left the Roosevelt. March 1, the expedition started north off Cape Columbia. March 2 passed the British record. March 2 to 11 delayed by open water. March 11, crossed 84th parallel. March 12 to 15 delayed by open water. March 18 crossed 85th parallel. March 22 crossed Sfth parallel. March 23 passed Norwegian record after encountering open water. March 24 to 26 held up by open water. March 27, crossed 87th parallel. March 28, passed American record. March 20. encountered open water. April 2 passed 88th parallel. April 4, crossed 89th parallel. April 6th, reached North Pole. April 6 and 7 at north pole taking observations. April 7 left pole. April 23, reached Cape Columbia. April 27, reached Roosevelt. July 18, Roosevelt left Cape Sheridan. August 8, passed Cape Sabine. August 20 left Cape York. September 5, arrived at Indian Harbor, Labrador." All the members were in good health except Prof. Marvin, who was drowned April 10, 45 miles north of Cape Columbia, while returning from 86 degrees north latitude in command of a supporting party. REFIT COOK'S SCHOONER. Gloucester, Mass., Sept. 9 Th schooner John R. Bradley, which took Dr. Cook to the Arctic will be refitted and sail to New York to participate in the naval pageant at the Hudson-Fulton celebration. John R. Bradley, who financed the Cook expedition, today telegraphed to Gloucester to have the schooner made ready. The Bradley is now on a fishing trip, ut is expected here in time. MRS. LAM0TTS FUNERAL Centervllle, Ind., Sept. 9. The funeral of Mrs. Dora Brinkle Lammott. wife of William Lammott, was held this morning at half past ten o'clock, at the Friends church. The Rev. H. S. Wollam of Centervllle, and the Rev. Luther Addlngton of Ridgevllle, Ind., officiated. The burial was at Grown Hill cemetery. THE WEATHER PROPHET. INDIANA Continued threatening; jpsbabla ibomri;-

Despite Jury's Verdict, Mrs. Bass Says It Was Worth $2,000 to See Engelbert Get a Good Licking.

OTHER MEMBERS REFUSE TO DISCUSS THE CASE Jury Was Out But 45 Minutes, The Deliberation Involving Only the Amount of Fines to Be Assessed. It required, but forty-five minutes' deliberation on the part of the jury in the Bass assault and battery case, to return a verdict of guilty for each de fendant, in the city court yesterday afternoon, with the following fines: William C. Bass, $20 and costs; Ells worth Bass, $15 and costs; Miss Isabelle Bass, $10 and costs and Mrs. Nel lie Bass, $5 and costs. Despite the heavy fines imposed on all the parties, Mrs. Bass made the statement immediately after the ver dict was returned, to the effect thai she was perfectly satisfied with the result and declared that it was worth $2,000 to see Arthur Englebert horse whipped as he was last Thursday night. The other members of th3 family refused to state what they thought of the verdict. However, in view of the fact that Mr. Bass thanked the jury as a body after he had heard their verdict, It is presumed that he is satisfied also. All of the members of the Bass family were present when tha verdict was read. Miss Isabelle Bass did not display any emotion at the reading of the verdict by Judge Converse", but her countenance lighted up with apparent satisfaction when the amount of her fine was revealed. Acquittal Not Asked. ' The fact that the jury returned a verdict of guilty did nal come unexpectedly to the defendants. Wilfred Jessup, counsel for the defense, aid not attempt to secure an acquittal, but merely pleaded for the minimum fine in each case. There was no question at any tim, in the minds of the jurors, it is said, as to the guilt of all the parties involved. Only one ballot was necessary to establish this fact and very little trouble was experienced in affixing the amount of the fines to be imposed on each defendant. The time that the jury deliberated was chiefly to determine the extent of the penalty. Mr. Bass was given the heaviest fine because he was the instigator of the whole affair as the evidence showed. Several members of the jury were In favor of imposing the extreme limit, $2T and costs on each of the defendants, while none of the members were in favor of assessing the minimum fine. The costs in the case amount to nearly $100 aside from the attorney's fee. THANKS ATTORNEY JESSUP. Mrs. Bass Feels That he Treated Them Nicely During Trial. Mrs. Nellie C. Bass, one of the de fendants who was fined for assault and battery on Arthur Englebert, yesterday, in the police court called up the Palladium this noon, and requested the privilege of publicly thanking their attorney, Wilfred Jessup fpr his kind and courteous treatment to them, and especially to Miss Isabelle Bass, during the trial. Mrs. Bass said that Mr. Jessup acted like a thorough gentleman during the progress of the trial and that they appreciated his efforts in their behalf very much. GOES ON THE STAGE. Miss Isabelle Bass left today for New York, where she will join a theatrical company. A SOCIALIST ADDRESS. Socialists of the city will be interested in the lecture of James O'Neal, a prominent socialist of New York, this evening at the corner of Sixth and Main streets. Mr. O'Neal has served as associate editor of "The Worker" a socialist weekly, for the past two years. The address this evening will be on The Constitution and Rise of Class Rule In America. PREACHES FOR DR. SMITH. Rev. W. B. Crowell of Summerside, Prince Albert Island. Canada, will arrive Sunday morning to be the guests of Secretary George L. Goodwin, of ttie Y. M. C. A. and his family. He wSI also occupy the pulpit of the First Baptist church during the absence of Rev. H. Robert Smith, the regular pas tor. . - CONTRACT FOR SEWER. .... The board of works at Ita regular meeting yesterday Ut the contract for the construction of a sewer in the alley between South Second and Third streets and B. and C streets to Schnei!4fir firao. Ajocal

I J V H Ik if It

E. H. Harriman, the railroad king, battled with human giants all beat them all, but who has been like a child in the throes of disease.

FELL FROM TRAIN; CRAWLS FOR HELP Deep Gash in Head of L. B. Knapp, Brakeman, Renders Him Unconscious. ACCIDENT WAS PECULIAR KNAPP BROUGHT TO THIS CITY AFTER BEING AT HOSPITAL IN CINCINNATI WHERE HE WAS UNCONSCIOUS ENTIRE TIME. Although his mind is an absolute blank as to wh?.t occurred and he remembers nothing of the accident that befell him at Cincinnati, Monday, the fact that L. B. Knapp, of 29 South Sixteenth street, a brakeman on the Pennsylvania railroad was severely injured is evidenced by the large gash in his forehead and numerous scratches about his face and body. Knapp is a brakeman on fast freight train No. 84 between Chicago and Cincinnati and Monday morning he left this city as usual with the rest of the crew at 8:10 o'clock. The last thing Knapp remembers is standing on top of one of the cars, while the train was pulling in the yards at Cincinnati. Became Dizzy and Fell. Knapp states that he is told that he probably became dizzy and fell from the train at this point on the Journey as the crew missed him when the train arrived at Cincinnati. He states that he is told that he crawled for a distance of several blocks to a telegraph office near the Queen City where he told the operator who he was and then fainted. The young man, who is 23 years of age was removed to the Good Samaritan hospital at Cincinnati, where his injuries were given immediate attention. He was delirious for about twenty-four hours after his arrival at the hospital, and it was feared at first that the effects of the blow had affected his brain. Last evening, however, he rallied considerably and was able to be removed to his home in this city. His wife who was in this city at the time of the accident was notified and hastened immediately to the bedside of her husband accom panying him home last evening. MUST STAND TRIAL Nellie dinger, Springfield Resort Keeper, Bound Over To Federal Court. LOCAL GIRL WAS PRESENT Miss Nellie Clinger. alias Miss Ada Howard, the Springfield, O.. resort keeper who was arrested last week on a charge of sending obscene letters through the mail, on complaint of Postmaster J. A. SpekenMer was arraigned before the United States commissioner. Judge W. M- Rockel of Springfield yesterday. She waived examination and was bound over to the federal court at Cincinnati, the grand jury of which convenes next month. She furnished cash bond $500. The local girl whose name is withheld because of her age and her excellent reputation attended the trial with her brother. They were subpoened by Deputy U. S. Marshal Lon Boyd of Indianapolis, Tuesday. The local girl offered no testimony, as

ROBBER RF $3,000

HID THEN DROWNED Frank Ballinger of Near Econ omy Met Tragic Death In New Mexico. AFFAIR IS MYSTERIOUS WAYNE COUNTY MAN HAD LEFT HERE BUT A FEW WEEKS AGO HAD SOLD HIS FARM AND HAD MONEY ON HIS PERSON. - r- , i , i -...-a,. 7 ' ; "- -'i Mystery surrounds . the death of Franlo Ballinger, a well known Wayne county citizen, who lived until recently at Economy, and who was drowned in New Mexico about two weeks ago. Word, which was received by. relatives of Mr. Ballinger today, throws no ad ditional light on his death, but the prevailing opinion among his friends Is that he was murdered and robbed, his body afterwards being thrown in to the stream. His body has not bees recovered, as word received by friends says that it is burled in the quick sand. His friends and relatives have asked the authorities of New Mexico and Texas to investigate his death and report to them. Mrs. Ballinger did not accompany her husband south, and is now at Par ker City. Ind. According to the information receiv ed, Mr. Ballinger, who left home about four weeks ago for his farm in Texas, sold the farm for approximately $2,500 about two weeks ago. He was advised by real estate men to go to New Mexico and investigate a project they were interested in. It is thought that he was on his way from Texas to New Mexico when he met his death. At the time he had $3,000 in money with him. HOSTESS FOR W. C. T. U. Mrs. Ella Myers will be hostess for the Mary W. Hill W. C. T. D. tomorrow afternoon at her home, 1114 Hunt street. PREDICTS BIG NORTH WEST WHEAT CROP J. M. Levy, an authority on the subject, says there will be an abundance

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J at wheat la Sb j&xia-jrest this jmxj

Dr. Lyle Announces Death of

The Well Known Railroad King at 3:35 O'clock This Afternoon. DAD EIADE LONG FIGHT Cancer of Stomach Immed iate Cause of Death Family Expecting End and Was Present. '"."' STOCK MARKET CLOSED WHEN THE NEWS CAME Had Heard Rumors of the End Before, and Stocks Immediately Took a Decisive Slump. (BULLETIN.) Arden, N. Y.v Sept 9 Edward H. Harriman died this afternoon at 3:35, Eastern time. His family was with him at the time the end came. (American News Servlcs) New York, Sept. 9. Ths rumor of the death of E. H. Harriman created great excitement on Wall street. Prices of stocks ftll off especially those at which he Is at the head. It Is Impossible to verify the rumor, doctors and friends of the family dsclining tavsay anyMilng. -- The mesger news from the bedside while phrased hopefully as possible, leaves the Impression that at best Mr. Harriman's death is but a question of hours, it being pointed out that he being a frail man, whose vitality, sapped by years of illness, can not be sustained long on purely artificial meals alone. Oxygen Is being administered. CANCER THE CAUSE. (American Mews Service! New York, Sept. 9. EL H. Harriman had been a sufferer for several weeks from a cancerous growth of the stomach. Harriman was operated on at his home, yesterday, and it Is understood his vitality was so weakened that he could not recover from the operation. A friend of Harriman said that he was too weak when the operation was undertaken for It to bo - successful. Harriman recently returned from a trip to Europe for his health. He ar rived In this country in a weakened condition and it was rumored at the time that he could not survive his trouble. But because of the action, such a report would have on the stock markets. It was never given out offi cially. Instead It was always reported that be would recover. Since his return home, the rumors came to the ears of the Wall Street brokers, regarding bis serious condi tion, have caused temporary flurries. During the last few days, relatives of Harriman have been coming to his home one by one and upon each arriv al, the rumor went forth that he would not recover. FACTS ABOUT HARRIMAN. Edward Henrv Harriman. ranftallar was born at Hamstead. Long Island. N. Y.. February 2., 1848 and was the son of Rev. and Mrs. Orlando H. Har riman. He received a common school education and at the age of fourteen years became a broker's clerk: on Wall street. Later be became a stock, broker on Wall street on his own account. Mr. Harriman married Miss Mary Averell, of Ogdensbura. N. Y., and to them were born several children. Mr. Harriman has been a member of the New York Stock Exchange since Aug. 13, 18TO. A list of the corporations in which he was prominently Identified as an official. Include president and director Oregon Railroad and Navigation company, president and director and member of the executive committee Union Pacific Railroad company, chairman of the executive committee of Wells Fargo Express company, chairman of the executive committee of the Portland and Astatic Steamshfe Co.. member of the board of managers of the Delaware and Hudson Co.; president and director of Oregon Short Line Railroad Co., Southern Paclfle Railroad Co.. Texas and Orleans Railroad Co.. Pacific Railway Company, Oregon and California Railroad Co., Central Pacific Main and Steamship Co, Southern Paclfle Terminal Gbl. and director of the following corporations: LCR.R. Co, since 133. B. t O. R. R. Co. Erie R. B. Co, Ccirado Fuel and Iron Co, Western Union Telegraph Co, National City - tConllnard on Pass SevenJ

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