Richmond Palladium (Daily), Volume 35, Number 95, 10 February 1910 — Page 1

RICHMOND PALLADIUM

AND SUN-TELEGRAM. VOL. XXXV. NO. 95. KICII3IOXD, IXD., THURSDAY EVENING. FEHItUARY 10. 110. SINGLE COPT, 2 CENTS.

CONCERNS OPPOSE CORPORATION TUX IN VIGOROUS WHY

A Flood of Telegrams Will Be Sent to President Taft, Urging Repeal or Modification Of Law. INVENTORY CLAUSE A BIG TROUBLE MAKER Two Local Agricultural Implement Concerns State They Have Taken No Active Part in the Matter. (American News Service) Chicago, Feb. 10. "A fight rather than comply with tho provisions of the unjust federal corporation tax law." This is the slogan that is being , hounded by a large number of manufacturers of agricultural implements, who are making vigorous protests against a provision in the corporation tax law requiring them to take an Inventory of their assets on or before December 31, each year. In many of the agricultural implement plants of the United States the winter months are the busiest of the year. The closing down of these establishments during the rush season for a period of thirty days would result in an enormous loss, it is declared. As a result of "Corporation Tax circular No. f," which is being sent to corporations, associations and concerns of almost every description, by the Illinois Manufacturers association, it is hoped that 100,000 telegrams will reach President Taft within the next week urging him to use his influence in having the corporation tax law cither repealed or modified. NO ACTION TAKEN HERE. Officials of Local Concerns Ignorant of Such Movement. One of the directors of the Gaar, Scott & Company stated today that as yet nothing as referred to above had been done by the company. He anticipated that on the return of some of the officials of the company a meetilug of the directors would be held, at which time such action would be con'isidered. This company was one of the first In the United States to remonstrate against the passage of the law, fuch action having been taken some time ago in a letter to Indiana members of congress and to former President Roosevelt. James Carr, of the local branch of the American Seeding Machine company, stated that the local branch officers had taken no such action. Such matters, he stated, were attended to by the branch officers at Springfield, Ohio. A T Board Orders New ChemicalHose Wagon from St. Louis Company. CONTRACT PRICE IS $1,245 The board of works at its regular meeting this morning awarded the contract for a new combination hose and chemical wagon for the new hose house on the west side, to the Robinson Fire Apparatus Manufacturing company of St. Louis. The price paid by the board for the new wagon was $1,215. It is of the very latest and "most modern type, with steel running gears. Homer Hammond, president of the board, and Fire Chief Ed Miller returned from St. Louis las evening, where they have been for the purpose of examining the wagon before making the purchase. It will not be delivered for about two months, it is paid. TO REGOLATE FOODS (American News Service) Chicago. Feb. 10. A movement seeking the adoption by congress providing for a national pure! ood commis sion has been started here by Dr. John M. Long, head- of the department of chemistry of Northwestern University; George W, Dixon, president of the Hamilton club, and the National Domestic Science association executive committee. The object of the proposed commission will be the regulation of commerce in food products, naming of standards In the manufacture of food products and prescribing methods of preparing food for use. ROSSITER IS HOME. Walter Uossiter Is home from a business trip to Piqua, Ohio.

AWARD

COTRAC

First Views

ill; 7.k cf IS . 'tY- ?''"L- j4"8-- 'vw?sl I 'hr , ,& --h-9m r -! -t y'Cf ' w. - - y

First views of the recent French floods taken while the city of Paris and a great stretch of adjacent country was from several inches to several feet under water. The top picture shows the high water in the streets of Chambery, caused by the overflow of Lake Bourgot. The lower picture shows how the river Seine had inundated its banks at Paris on January 21.

(American News Service) Paris, Feb. 1X Fright sunshine and clear, bracing aid that carried a heavy touch of frost cheered the inhabitants of the flooded stricken sections of this city today, after many hours of rain had renewed their terrors. The Seine is still rising, but more slowly now. The waters are ten inches higher than they were yesterday, but the crest of the present flood is expected by tomorrow. The authorities now think there is no further danger as the cold weather, promises a cessation of the the thaws which have done much to bring on the M'KEESPORT HOW FACES A SCOURGE In Three Days Malignant Scarlet Fever Claims Ten Victims There. ALL SCHOOLS ARE CLOSED IN ONE STRICKEN FAMILY TWO DIED DURING FUNERALS AND A BIRTH PREVENTS THE MOTHER ATTENDING. (American News Service) Pittsburg, Feb. lo. McKeesport is scourged by an epidemic of malignant scarlet fever and the whole city and the health department are thoroughly alarmed by the danger. Four deaths were reported yesterday, a total of ten in the last three days. One victim is a school teacher. All public and private schools were closed today. An order has been issued for the arrest of violatore of quarantine regulations. Yesterday's dead are: Leah Keith, 22 years old, a teacher; Robert Irwin, 2 years old; Frank Irwin, 5 years old; Harry Makovitz. 7 years old. Robert and Frank Irwin were sons of Mr. and Mrs. Frank Irwin. Robert died while funeral services were being held for an uncle and Frank died during the funeral service of his brother. The mother last Monday gave birth to a child and the father was ill, making it impossible for the parents to attend the funeral of their two children. PROHIS WILL MEET The Prohibitionists will hold a county convention, February 17th, in Rhoda Temple on North A between Fifth and Sixth streets. E. W. Chafin will speak in the morning of that day at 10:"0 o'clock and in the afternoon at 2:30 o'clock. A cordial invitation is extended to all to attend.

of the Recent Paris Floods

second flood. The authorities are4akius.no chano es, however, and Paris is making frantic efforts to forestall another devastation. Several of the districts that bore the brunt of the great flood are again swept by the waters of the river, and an army of hundreds of men is busy throwing up dykes at every threatened point. Mortar, Bags of sand. briei;s, stone and timber are used, and many of the dykes are built as firmly as if they were to stand for years. The system of measurements that gives Paris warning of a rise in the PROBE NEARING END Infirmary Committee Takes Testimony of Officials This Afternoon. REPORT EXPECTED SOON This afternoon evidence was given the probe committee investigating charges of mismanagement at the county infirmary, at the meeting in the Second National bank, by county commissioners, Barney. H. Linderman and Robert Beeson; Frank Townsend, superintendent of the institution, and Dr. Fouts. the infirmary physician. The committee expected to complete its examination, insofar as the introduction of evidence was concerned, this afternoon. The testimony is being typewritten and will be submitted to the committee for review and its report will probably be made public within a few days. A SPANISH CRISIS Formation of a New Cabinet Has Brought Trouble to Acute Stage. MAURA TO REGAIN POWER? (American News Service) Madrid, Feb. 10. The formation of the new ministry under the democratic leader, Senor Jose Canalejas y Mendes, brings the conflict, long bitterly waged, between the consevative and the radical elements, to an acute stage, and the return to power of Senor Maura, predecessor to Senor Moret y Prendergast, is freely predicted. Maura was in power at the time of the Ferrer affair last summer, which led to his retirement. Senor Sanelajas conferred with King Alfonso for several hours today. The downfall of Moret is attributed to the work of the conservaties and ; the clericals, the specific struggle hav- j ing been over the proposed modifica-i tion of the concordat with the Vatican.

river, shows according to a statment

from, the hydrographic office today. that the crest of the secondary flood will come tomorrow and that the rise Aval 1 equal the figures of 1KK2 at least a serious disaster in itself. Apasry, one of the Avorst sufferers in the first unundation. today is again nndor water to a cff-pth of several feet In many places, and the inhabitants have been forced to flee from the homes to which they were beginning to return timidly. Tho situation in the Auteiul district today is worse and in other sections dangerous. KNOCKOUT MOPS IS HIS DEFENSE Charles Schmidt Alleges He Was Drugged in Broad Daylight Yesterday. HE DENIES INTOXICATION AND ENTERS A PLEA OF NOT GUILTY TO THAT CHARGE MADE THIS MORNING IN CITY COURTDRAWS A FINE. Alleging that he was drugged and that an attempt was made to rob him yesterday afternoon in broad daylight, Charles Schmidt entered a plea of not guilty to the charges of public intoxication in the city court this morning. Schmidt was arrested by Patrolmen Staubach and Vogelsong, soused to the eyebrow and dead to the world. The man's rather novel defense in police court this morning did not particularly appeal to Mayor Zimmerman, who seemed inclined to the belief that the "drug" Schmidt spoke of was nothing other than the stuff that cheers, self-administered. When asked if he had anything on his person in the form of diamonds or gold bricks which would tend to incite robbery, Schmidt replied that he had nothing but a half pint bottle of whiskey. 'One dollar and costs," quickly replied His Honor. LOCAL MAN SPEAKS (Palladium Special) Indianapolis. Ind.. Feb. . Howard A. Dill, superintendent of the Richmond water works, has been placed on the program for an address at the third annual meeting of the Indiana Sanitary and Water Supply association which will be held :n this city on February "". Hi - ho "The Recent Richmond Valuation.

A WAGE INCREASE DEMAND IS GIVEN; THREATEN STRIKE

Head of the Brotherhood of Railroad Trainmen, for Switchmen of Chicago, Hands Uitimatum Today. FOUR THOUSAND MEN VITALLY INTERESTED Enghteen Railroads Are Involved in the Controversy and Important Conference Is Now in Session. (American News Service) Chicago, Feb. 10. "Increased wages cr a strike," is the ultimatum Vice President A. F. Whitney of the Brotherhood of Railroad Trainmen, deliver ed today on behalf of the Switchmen of Chicago to the general managers committee representing the eighteen roads involved in the controversy. Four thousand switchmen are effected. The meeting which may precipitate a big industrial war is being held in the Railway Exchange buildings. Representatives of the switchmen have made arrangements for calling an immediate strike in case the roads again refused their demands. To be no Arbitration. Arbitration they declare, will not be accepted. While arrangements were being made for today's conference t.ho chairman and secretaries of the grievance committees of the trainmen on the roads affected held a conference at the C.reat Northern hotel with Vice President Whitney and signed documents pledging that if a strike of Chicaeo switchmen is called they will take a vote of the men in the train service on the question of a sympathetic strike. INSURGENTS TRY TO AVERT OEFEAT Gen. Matuty Is Hastening to the Aid of His Hard Pressed Comrade. COL. CONRAD NOT SLAIN AMERICAN SOLDIER OF FORTUNE STILL ALIVE AND KICKING MADRI2 OPENS BANK ACCOUNT AT NEW ORLEANS. Bluefields. Feb. lO.-Gen. Matuty is hastening to the aid of Gen. Luis Meua, who, after fighting two days in an attempt to reinforce Gen. Chamarro. has been driven back by a superior government force from Santa Clara to Morgan, where he is awaiting relief. CONRAD NOT KILLED. San Juan del Sur, Feb. lo. A report received here today says that Col. Gabriel Conrad, the Texan gunner with Gen. Chamarro. was not killed at the battle of Santo Thomas, but avus badly wounded. OPENS BANK ACCOUNT. New Orleans, Feb. 1. President Madriz of Nicaragua, following the policicy of his predecessor, Zelaya, has opened m a personal bank account in New Orleans. His first deposit of $ir,oo ,was sent north a few days ago. The banking firm with which Madriz has opened his account is the same which for several years did the personal banking in New York for Zelaya and with whom handsome balances stood to Zelaya's credit when he left the country. The new executive of Nicaragua, with insurrection menacing his job, has decided to be ready for quick departmenture from the country. PLAN A SNOW DERBY The horsemen of the city have arranged for a derby on North A street this evening, between 7:20 and !) o'clock. Police protection will be afforded the public and there is absolutely no danger. It is expected taat there will be a large number of racers in action. The horsemen had arranged for such an eent earlier in the winter, but when it came time to pull off the rac-s. the sun bad melted all the snow. VISITING ALBERTS0NS. Miss Mills of Cambridge City, is the guest of Mr. and Mrs. Albert Albertsen, at their home on South Fifteenth street for a few days.

m A

REHEARING

OF OPTION CASE Attorneys for Noblesville Saloonist Allege Four Errors Were Made. STATE READY FOR FIGHT ATTORNEY GENERAL BINGHAM AND AN ADDITIONAL STATE ASSISTANT WILL REPLY IN DEFENSE OF RULING. Indianapolis, Feb. 1. The next step in the legal battle over the county local option law Avill be the reply of Attorney (rcneral Bingham and Hanly. Artman & MrAdams to the application for a rehearing of the case filed by Ferdinand Winter of Indianapolis and Shirts V- Fertig of Noblesville. Mr. Winter appeared with Shirt A: Fertig as conn-1 sol for George McPherson, a Noblesville saloon keeper, in the case which was carried, as a test, to the supreme court. The court, in holding the law constitutional, decided against McPherson. Minority Reports Made. Two judges of the supreme court filed a minority dissenting opinion, holding the law unconstitutional. In their application the attorneys for McPherson give four reasons why they think the supreme court should grant another hearing. The first is that the court erred in deciding that the county local optioti act Avas not in conflict Sec. Art. -i of the Indiana constitution and that the subject of the act is fairly expressed in the title. The second is that the court erred in deciding that the act is not in violation of Sec. 2.", Art. 1. of the constitution, which de clares in substance that no law shall be passed to take effect upon any other authority than that provided in the constitution. Two Other Errors Maintained. The third reason advanced is that the court erred in deciding that the statute is not in conflict with Sec. 2'. Art. 1, of the constitution, which provides that "the operation of the laws shall never be suspended by authority of the genera lasseuibly." The fourth reason is that the court erred in deciding that the statute did not violate See. 1 of Art. I. of the constitution, which provides that "the legislative authority of the state shall be vested in the General Assembly. "it is not to be denied." Mc. Pherson's attorneys say, in their argument, "that full faith and credit is to be given to every act of the legislature and that the presumption is that an act of tho legislature has validity. But such presumption is one which arises rather withou the reading of the statute than with it. and if upon reading the contrary appears the presumption no longer stands. For such presunation as to the constitutionality of the 6tatute. like any other presumption, must give way to the actual fact and demonstration, just as the prisoner at the bar is deemed in law not guilty and the presumption stands until dispelled by proof. An act of the legislature is not to be judged by the words it contains and light may also be thrown upon such words and the purpose of the statute by the history of the times of its enactment. "But clearly, as shown in the dissenting opinion herein, a different intention can not be imputed to the legisla- ' tu re than the one it actually had, and if it appears from the clear and unambiguous language used in the statute that.the legislature had a particular intent and that such intent can not be carried into law because of the violation of the constitution, it is not within the power of the court to substiute a different intent for the purpose of securing one which will be in harmony. Matter of Courtesy. '"In the mre matter of courtesy to a co-ordinate branch of the government it seems to us it is fairer to give the legislature credit with a meaning which it plainly expresses rather than to intimate that the legislature was ignorant of the meaning of Its own words and of the signification of language. "Furthermore, it is never to be forgotten that construction of a statute is permissible only when there is an ambiguity in the statute and where the words of the statute are clear and the purpose obvious it is not for the court by construction to change the language or sbstitute other purpose. And we contend that the language, of the stat ute under consideration being so clear, i and unambiguous that the purpose of j the legislature stands lorth in every line thereof, such purpose can not be changed by the court and that both the meaning and purpose of the statute have been by the majority of the court asserted to be other than the clear language of the statute imports." E LEOTA WALSH I-ota P.. Walsh has petitioned for letters testamentry in. the matter ff thf estut of Catherine Walsh, who Uit-d several years ago. EdwaM Walsh was named as administrator of the estate but failed to qualify. THE WEATHER. INDIANA AND LOCAL Fair tonight and Friday, increasing cloudiness, warmer, probably snow in south portions; local warmtr Friday.

NAM

POSTOFFICE HOW ALL TOPSY TURVY; HARD LUCK CAUSE

Between Broken Bones, Ravages of the Grippe and St. Valentine Business the Service Is Injured. SEVEN EMPLOYES ARE NOW UNABLE TO WORK When Spekenhier Sent for a Substitute, and Found He Was Also III, He Entered Into Groggy State. Things are all topsy-turvy at tho post office and Postmaster J. A. Spekenhier is of the opinion that he Is decidedly up against It. Hetweon broken bones and the grippe the local carrier force has been put on the hummer and with St. Valentine's day but a few days off and a crippled fore to handle the increaxi mail, the situation is becoming acute, and what the outcome will 1k is a problem which is puzzling tho brains of the post master at present. It all began yesterday morning when .1. O. Hill, city carrier No. 11. slipped on a small piece of ice in tho south end and broke his ankle. Then Postmaster Spekenhier was notified that Herbert Garrett, city carrier No. 2. was confined to his home with a severe attack of grippe. Miss Golden Is III. Word was then received that Mis Anna R. Golden, general delivery clerk, was also ill with the grippe and that George W. Cnlbertson, rural carrier No. 6, was suffering from a similar ailment. In despair Mr. Spekenhier sent for Harry Packer, substitute carrier, and when told that ho also had the grippe, yelled for the seltzer bottle and had to be fanned. Joseph. Peltz, rural route currier Xo. 5. was recently forced to quit work because of tlie grippe and Joseph Trieber city carrier Xo. 8, broke his arm several weeks ago and has not recovered sufficiently to resume his duties. The predicament Is one of the most serious with which the officials have had to contend in the history of the local post office. So handicapped are they in the delivery of mail that it was necessary for Lawrence 1 landley, city delivery clerk, to carry route No. 9 today. E. M. Owens was switched to route No. 8 and Frank Qulgiey. a sub carrier, was placed on route No. 2. In the business district. Clyd Cluxton. another sub. is carrying Ilijl'n route for the present, in the south end. Al May Carry a Route. To cap the climax. Carl Stewart, who was appointed mail ineftsenger to succeed .1. S. Pi-uniler. notified Postj master J. A. Spekenhier this morning hat he would be unable to take the position as he had the grippe. lie was to have liegun work tonight. Afj ter considerable parlying Hmtnley was induced to remain for a few days longier. "Grippe seems to be in the air j around here," said Postmaster Speken hier. "I supK)se that 111 have to carry a route tomorrow, unless I get sick myself." INTEREST IS SHOWII In Evangelistic Meetings Being Held at a Local Friends Church. FINE ADDRESS IS HEARD The evangelistic meetings at tb East Main Street Friends church are Increasing in interest with each evening service. Last nighL the pastor. Rev. Thurman C. Kenworthy, spoke on the subject. "Hold fast that which thou iasL" The speaker urged persons not o give up and ecome Imbued with the .dea that they had back-slidden, simply because they had done things amiss. He said that tbey should grapple with the cable where it had parted and go on in a christian life, seeking forgiveness with God. The Revs. Smith and Parker also gave short, beneficial talks. Miss Florence Jlote rendered a very pleasing solo. The meetings will continue for the remainder of the week. A cordial invitation is extended to all to attend. THEO. BLISS IS HERE Th-odore Bliss, of Union town. Ps. formerly of Richmond. Is in the city for a brief visit with friends. Mr. Bliss was engaged in the ice business here a dozen years ago. conducting the plant in West Richmond. Since leaving Richmond for the East, he has been engaged in the banking buMnM at Unionlown, and has been succcasfo!