Richmond Palladium (Daily), Volume 34, Number 338, 13 October 1909 — Page 1
RICHMONB PALLADIUM
THE
VSTD SUX-TELEGB A M, RICHMOND, IND., WEDNESDAY EVENING, OCTOBER 13, 1909. SINGLE COPT, 8 CEXTTS. VOL. XXXIV. NO. 338. KELLY TO ATTEIID BLOCK PAVING IS JUDGE AtlDERSOH mm turn mil inn Peary Map Showing Where He Says Dr. Cook Went THE CONFERENCE OF THE GOVERNOR CHQSEO BY BOARD FOR 8TH. STREET
v w "ft f y y Y t Jt t A
MAKtb A nULIlib INFAMOUS CASE Refuses to Allow Editors of Indianapolis News to Be Taken to Washington to Answer Libel Charges. FOULKE. REFUSES TO
MAKE ANY STATEMENT
Says That He Wishes to First Thoroughly Consider Ruling Court Questions the Canal Deal.
"I have read Judge Anderson's ruling on the Panama Canal libel case, but I have no statement to make on the Ja clsion today. I want to thoroughly consider the matter before I give my views" on It."
The above was th3 statement ma:c
today by the Hon. William Dudley
Foulke, who Is generally credited with having been the instigator of the famous case, disposed of yesterday by Judge Anderson, of the federal court at Indianapolis. In bis decision, the Judge refused to allow the removal of the proprietors of the Indianapolis News, Delavan Smith and Charles R. Williams, to Washington for trial on charges preferred by ex-President Theodore Roosevelt. It will be remembered that Mr. Foulke, In a letter to former presklent Roosevelt, called attention to the ract that the News had published an article alleging there was a corrupt profl: of $28 000.000 in the sale of the Panama Canal to the United States. lit reply to Mr. Foulke's letter, Col. Roosevelt penned a reply which was typical Rooseveltian literature, and in wtucn he branded the article referred to by Mr. Foulke as a lie.
---.-.FREEDOM. -FOR. PRESS., v. Indianapolis, Ind., Oct. 13. Sitting a a Committing Magistrate in hearing of the petition of the federal government for the removal of Charles R. Williama and Delavan Smith, owners and publishers of the Indianapolis News, to the District of Columbia for trial on an indictment charging them with criminally libeling Theodore Roosevelt. Douglas Robinson, William Nelson Cromwell, Elihu Root, Charles P. Taft and others, in the Panama Canal bond case. Judge A. B. Anderson late yester-
dav afternoon discharged the defend
ants.
Sweeping and comprehensive in Its scope, the opinion of Judge Anderson
not only establishes a natural precedent in libel cases, but contained
pointed reference to the methods em
ployed to bring Smith and Williams to
trial in Washington. Without wasting time for consider
ation of the complex propositions submitted by Stuart McNamara, attorney
for the government. Ferdinand W inter
attorney for the News, and John D. Lindsay, counsel for the New York
World, Judge Anderson rendered a de
cision in favor of the publishers. Scored Policy Employed.
He did not attempt to spare the policy adopted to bring about the trial of
the publishers at Washington, Instead
of giving them a hearing in Indianap
oils, where their newspaper is pub
lished.
There was no mistaking his keen dis
approval of the theory that a publisher may be dragged away from home to answer a charge of criminal libel. He didn't even concede to the evident belief of the "powers that be" of the last national administration that certain
prominent men mentioned in the in
dlctment had been libeled by the hot criticism of the News of the part some of them are said to have taken in the
canal deal.
He asserted that the mere fact that
some men have been referred to in
nrlnt as "thieves" and "swindlers" did
not constitute criminal libed per se.
A former president, he declared, had
said that it is the duty of a newspaper
to print the news.
He went a step further and asserted that It is the duty of a paper to draw
inference from the news for the bene
fit of the people. Blow Against Liberty.
But his hardest blow to the govern
ment's case came in his closing sen
tence.
"That man," said he, "has read the
history of our institutions to little pur pose who does not view with apprehen
slon the success of such a proceeding
as this, to the end that citizens could
be dragged from their homes to the District of Columbia, the seat of the
government, for trial under the circuni
stances of this case. "The defendants are discharged."
The principle established by Judge
Anderson is that a publisher cannot be forced to stand trial on a charge o?
' criminal libel excet where his paper is nublished. It was shown that the
N"ws was circulated io Washington
about 50 conies being sent there dally.
The government maintained that the
rirculation of the paper there was sur
ficient ground for bringing an indictment there for criminal! lib!. Ferdinand Winter, counsel for the News, argued today, that the freedom
Mv-ss&r- X 4 o.: V "Ml raY.2tfKW 47:1
jJ
Presidents of Every College
And University in the State
Will Assemble to Discuss
Education.
STATE INSTITUTIONS
TO BE INVESTIGATED
Earlham Professor Will Deliv
er Sociology Lectures Dur
ing Winter at Centerville
High School.
Metropolitan Block With Ce
ment Filler Is Designated And No Objections Expected By Officials.
RESIDENT PROPERTY OWNERS SATISFIED
Probable There Will Be No Opposition to Board's Action, Asphalt Petition Having Been Withdrawn.
Entered according to Act of Congress, in the yer .909. by the Peary Arctic Club, in the office of the Librarian of Congress at Washington.)
MAP OF THE
ARCTIC REGION AND ANNOTATIONS THEREON SUBMITTED BY COMMANDER PEARY. CONCERNING DR. COOK'S ROUTE, -
Commander Robert E. Peary today
backs up his many times repeated assertion that Dr. Frederick: A. Cook did
not reach the pole, with a detailed account of the evidence which he says he
and his men obtained from the Eskimos who accompanied Cook on his arctic trip. Dr. Cook, Commander Peary seeks to prove, never got farther north
than Cape Thomas Hubbard, the northernmost point of Axel Hoiberg Land, at 81 degrees 30 minutes north latitude.
Accompanying his statement Com
mander Peary furnishes a map on which has been traced what he says
was Dr. Cook's actual route. This route, shown on the map by a black line, begins at Annotok, at 78 degrees 30 minutes, passes west on a general line with the seventy-ninth parallel, and then north between Arthur Land and Axel Hoiberg Land to Cape Thomas Hubbard. Prom this alleged "farthest north" Commander Peary seeks to show Cook turned south again, that he spent the winter of 1908-'09 on the northern shore of North Devon, a little less than 76 degrees north, returning northward to his starting place, Annotok, in the spring of this year. The chart also indicates points at which, according to
the Eskimos, food was killed and other incidents of the trip occurred. This is the latest move In the controversy which began Sept. 8, when Commander Peary, then at Indian Harbor, wired to this city that Cook's story should not be taken "too seriously." In the dispatch Commander Peary added: "Two Eskimos who accompanied him (Cook) say he went no distance north and was not out of sight of land." In a dispatch to Mrs. Peary on the same day he told her not to let Cook's story worry her and closed his message with the trenchant "I have him nailed." Dr. Cook's announcement that he
had found the pole was printed in this
country, Sept. 2 on his arrival at Ler
wick, in the Shetland islands. The news that Peary had attained the same goal reached this country four days later, Sept. C, and the controversy was launched. The American Geographical society, the American Museum of Natural History and the Peary Arctic club have united in asking the National Geographical society to join them in asking Prof. Remsen to appoint a tribunal to decide the controversy, and on Monday Willis L. Moore, president of the National Geographical society, agreed to the proposition for his society.
President Robert L. Kelly of Earl
ham college will leave tomorrow
morning for Indianapolis to attend the
Educational conference, called by Governor Thomas R. Marshall. The
meeting was to have convened Friday
morning, but Dr. Kelly received a let
ter from Mark Thlstlethwaite, the sec
retary to the Governor this morning, stating that the conference would meet one day earlier.
The Educational conference will be
held in the state house and the Gov
ernor will preside. The presidents of
every college in the state will be In attendance and enter into a discussion of the problems of a college. The
Governor has called the conference so
that he may be better Informed as to the management of the colleges and the state institutions at Btoomington.
Lafayette and Terre Haute.
President Kelly returned yesterday from Indianapolis where he attended the session of the Indiana state board of school commissioners. The meetings were held in the state bouse and
only routine matters considered. Several high schools In the state were commissioned and the board entered into a general discussion of school matters. A Centerville Class. At the request of the public school teachers of Centerville, Ind.. Arthur Hirsch, assistant professor of history and political science will organize a
sociology class. The lectures iwill be given in the Centerville high school building. Mr. Hirsch had charge of the sociology classes at Earlham during the past year and has introduced
some new features in the work which have appealed to the students. The work was placed on a more practical basis. The class is visiting different institutions In the state and is making a study of the conditions.
Professor William O. Men den hall
and Governor Glen Thlstlethwaite. of
the boys' dormitory of Earlham Dan-
Metropolitan block with a cement filler was designated by the board of works, at its meeting this morning, as the kind of material that is to be used toward the improvement of Eighth street from North A to South, A streets. The contract will not bfli let for ten days, during which time, the resident property owners will be given an opportunity to present a petition for other kind of material than
that designated by the board. If they so desire. However, In view of the fact that the property owners withdrew their demands for an asphalt pavement several days ago and pre sented a petition for a brick improvement, it is not thought any difficulty will be experienced by the board iv this regard and the trouble and squabble which arose over the propos
ed improvement of that thoroughfare is believed to be ended. Saxton Makes Bid. Bids were submitted to the board this morning by the S. S. Saxton company and John F. Cronln. The former submitted a bid for both asphalt and metropolitan block - with either cement or tar filler. Mr. Saxton's bid
for asphalt was for $1.7 per square, yard. For metropolitan brick with, cement filler, $1.99 per square yard and $2.25 square' yard with a tar filler. Mr. Cronin's bid on metropolitan, block was $2.0$ per square yard with cement filler and $2.15 per square) yard with a tar filler. The Improvement ordered - by the board does not include that portion between the street car tracks or within 18 Inches on either side. The Terr Haute. Indianapolis and Eastern trac
tion company will have to have their work done under a separate contract. It Is not probable that the work will be started before next spring;. It to said.
PROTEST OF POPE
WAS HOT HEEDED
queted the members of the dormitory Inciter Of BaTCClOna Rifjt8
students' council at the Hotel west-
TAFT WILL VIEW
NATURE'S WONDER
President Left This Morning
For Trip Through Grand Canyon.
STOPPED AT YUMA TODAY
AFTER BRIEF ADDRESS TO THE
INHABITANTS, WHO TURNED OUT EN MASSE, SPECIAL TRAIN STARTED SOUTHWARD.
buquerque, New Mexico, Thursday morning.
The president is due at El Paso,
Texas, on the morning of October 16.
Here he will exchange visits with President Diaz of Mexico. No untoward incidents occurred during his California and Arizona travels to mar the president's pleasure and he reached here this morning In a happy mood and in excellent health.
HARRIS
PRISON
.(Continued on Page Seven.)
(American News Service) Yuma, Ariz., Oct. 13. Loaded to the
guard rails with Southern California
fruits and flowers, President Taft's special train left Colton, CaL, late last night for Arizona. Colton was the president's last stop in California and there he made his last address in that state. At 6:05 a. m. the president's special pulled Into Yuma where a short stop was made and where the president spoke briefly, the inhabitants turning out enmasse. The president and party
left here for the Grand Canyon of Arizona which they will reach tomorrow, and after viewing the wonderous scenery of natures most grand phenomenon, the train will pull into Al-
Linus Meredith returned today from Michigan City, where he took "William
H. Harris, the confessed assailant of
John D. Lancaster, the well known
gardener. Harris maintained his reserve and did not break down as he en
tered Michigan City, where he will serve an indeterminate sentence of from two to fourteen years.
SMALL BOY AGAIN WORRIES POLICE Young Richmond Busy With His, "Nigger Shooter" And His Air-gun.
MANY COMPLAINTS MADE
RESIDENTS OF NORTH END SAY
THAT THE LADS IN THAT SECTION ARE NOW MAKING LIFE A
BURDEN TO THEM.
reported the matter to the police in the hopes of breaking up the dangerous
practice.
Yesterday several window pane3
were broken in the Whitewater school
building and the panes in some of the houses, also, have been shattered.' The nuisance has become so general that
the residents are up in arms against it and declare emphatically that such
"pranks," if such they are Intended to be, will not be tolerated and if neces
sary, the law will he enforced.
cott last evening. Nine members of
the council were present and Lester
Haworth of Danville, Ind., was elected president anfd Roy M. Conrad of Dar-
Hngton, Ind., was elected secretary
Press Club Meeting.
At the meeting of the Press club
Monday evening. Professors William
N. True-blood, Elbert Russell and Har
low Lindley were elected honorary
members of the club. The following officers were also installed: President.
Brock Fagan; vice president, Daniel
Beebe; secretary, Philip Bruner, and treasurer, Charles Rees. The club
meets every two weeks in the college
library.
It is now Harlow Lindley and Har-1 protests of Pope Pius and King Em-
low Lindley. Jr. Last Saturday theimanuel of Italy. Francisco Ferrer,
stork called at the home of Professor found cullty before a courtmartlal of
SHE BROKERAGE CO.
J. W. Jackson and Sons, manufacturers of men's wearing apparel at Indianapolis have brought suit in the circuit court against the Richmond Brokerage Co., on account. The mem
bers of the firm who are named co-de
fendants in the case are Albert F. Rost, Mary S. Rost, John T. Marshall
and Minnie Marshall. The account which the plaintiff claims is due and
wholly unpaid, amounts to $223 63.
And now comes the small boy with his "nigger shooter" and air gun. The police have been besieged with complaints within the past few days by residents north of the railroad in the vicinity of the Whitewater school building, who assert that the small boys in that neighborhood are making life almost unbearable by their recklessness in shooting their weapons. It Is said the cats in that locality hare been worn to a frazzle, attempting to dodge the deadly aim of the youthful bandits, who have become quite proficient In the art of shooting. People Are "Shot"
However, the household pets are not
the only ones who have suffered. Sev
era! persons have been struck recently by the stray shots evidently Intended
for some frightened feline and have
DEMURRER IS FILED
Demurrer was filed In the circuit
court today by Walter D. Brown and
Clarence C. Brown, defendants in
suit brought by Lewis Hall, to collect
assessments for the construction of
the Fairview sewer, of which the
plaintiff was the contractor. The demurrer alleges that the plaintiff has no legal capacity to bring such a suit and also does not state sufficient facts in his complaint to warrant the action.
DESERTION CHARGED
Desertion Is the grounds alleged by
George W. Rife against Eva D. Rife, in
his complaint for divorce, filed this morning in the circuit court. The plaintiff avers that his wife left him Ortober 11. 1907 without cause and
has not since lived with him.
Was Executed Today At Sunrise. SHOT DOWN IN FORTRESS HIS DEATH It LOOKCO UPON TO FURNISH THE SPARK THAT WILL EXPLODE THE REVOLUTIONARY MAGAZINES.
(American News Service) Paris. Oct- 13. la the face of the)
and Mrs. Lindley and left a nine pound baby boy. The news has just been introduced to the college and
the students say that this accounts for the extra smile of the history professor.
STEAMER HOW SAFE
Wireless States All Passen
gers on Antilles Can Be Rescued.
having Incited the Barcelona riots ot last summer, was executed today. Am the first rays of the sun glinted on
the facade of Montjulch fortress at Barcelona, the convicted schoolmaster was led to the moat and shot. His execution Is looked upon as the spark that will set off the revolutionary
magazines, and the life of Kins; Alfonso Is In danger.
"Alfonso will pay with his life for the death of Ferrer," that was the threat of the revolutionaries held over the Spanish government, and Ferrer
is dead.
All Spain is Aroused. All Spain Is aroused to the danger, and the crisis Is today rapidly spread, ins; throughout Europe. Roma and Paris, revolutionary centers, are pre
TUG BOATS ARE WANTED I F2tiX?Z2?
In Paris. In Rome and at many oth. er Dotnts in Europe, the Spanish 000-
(AmerlcAn News Servic) l.ni.t mr tinder hcirr sruard. Moves
New Orleans. Oct. ' 13. Wireless I a-alast them have already been mad
dispatches from the steamship Antilles I DT excited crowds.
owned by the Morgan line, wnlcn is I The larger dues In Alfonso s do
ashore on one of the keys in the Flor- main are under a semblance of mar' Ida straits, today say that ail the pas- tial law, and every available trooper sengers will be saved.' Governor San g held In readiness. Extra guards ders of Louisiana is aboard The An- surround the palaces, and the military
tilles, which left New Orleans. Satur-1 hold Barcelona In a firm hand. There)
day. bound tor New York, has 125 first J the first outbreak is expected.
and second class passengers and the an. (A Til. mtA
of two tugs has been asked. The pas-1 THC WfcA I nCtf.
seneers will DrooablT be taken off by
the Mom us, another Southern Pacific I INDIAN A Thursday fair with raJsfnj
liner which sailed todays