Richmond Palladium (Daily), Volume 35, Number 348, 23 October 1910 — Page 4

TAOC FOUR

THE DICmZOND PAIXADIUH AND SUN-TELEGRAM SUNDAY, OCTOBER 23, 1910.

Published and owned by the PALLADIUM PRINTING CO. Issued T days each week. evenings and Sunday morning. Office Corner North tto and A streets. Heme Phone 1121. RICHMOND. INDIANA.

ItMdelab'O. Leeds Bdltav Lfle Jaaea ...... Bsialaeea Maaaser Carl Berabardt Aeeoeiate Kilter W. R. Paadeaaa Kews Baiter . SUBSCRIPTION TEHMS. la Richmond 15.00 per yer (tn advance) or lOo per week. ' MAIL 8UBSCIUPTIONS. One rear. In advance ..... fix month. In advance One month. In advance RURAL ROUTKd One year, tn advance '2 2? HI month.!. In advance I--One month, tn advance Addrea chang-nd a often a desired; both new and old adJreaaes muit he given. ftubecrlbcra will please remit with order, which should be riven for a specified term; name will not be enter ad until payment le received. Entered at Richmond, Indiana, post office as second class mall matter. e.V.SJS.O MfM J 1 1 t TIm Association off Anaarlcaa J an (Now York City) nasi t si tail fbllssttna, Only Ua figures ot t ""L eostalasd is la report an i jtii'iit"'"""""" RICHMOND, INDIANA 'PA NIC PROOF CITY" lias a population of 13,000 and Is growing. It I the county seat of Wayne County, and the trading center of a rich agricultural community. It Is located due eaat from Indianapolis miles and miles from the , state Una Richmond Is a city of homes and of Industry. Primarily a manufacturing city. It la also the Jobbing confer of Eastern Indiana and enjoys the retail trade of the populous community for miles around. Richmond Is proud of Its splen- . did streets, well kept yards. Its cement sidewalks and beautiful &ha1e trees. It has S national anka, I trust companlea and 4 building aaanclatlona with combined resources of over 18,000.000. Number of factories 116,' capital Inveated 17.000,000. with an annual output of S17.000.0O0. and a pay roll of t3.700.OOC. The total , pay roll for the city amounts to approximately M. 100,900 annual There are five ral'road -com--panles radiating in eight different directions from the city. Incoming freight hr.ndled dally. 1.TIO.000 Iba.; outgoing freight handled dally. TC0.000 lbs. Tard facilities, per day. 1.700 cars. Number of passenger trains dally, Is. Number of freight trains .ally, TT. The annunl post office receipts amount to 1 10,000. Total aaaenae.1 valuation of th city, fis.ooo.ooo. Richmond has two Interurban railways. Three newapapers with a combined circulation of 13.000. Richmond la the greatest hardware Jobbing center in the state and only second In general Jobbing Interests. It has a piano factry producing a high rrade ftlano arery II minutes. It Is the oader In the manufacture of traction engines, and produces mora thrashing machines, lawn mowers, roller skates, grain drills and burial caskets than any other Hty In the world. 1 , The elty'a area Is S.-040 a free; Ma a court house- coating tSOA,. : 10 public schools and has the finest and most complete hi! schoal In the middle weat under construction: t parochial schools: Karlham cnlleae and the Indiana fiuilneas College! five enlendlil fire companies In fine hnse bouses; men Miller nark, the Urrest and nost beautiful park In Indiana, the bnme nf Richmond's annual rhautaunua: seven hotels; municipal electric llerht plant, under successful operation and a private electrlo Itvht plant.' Insttrlna- competition: the oldest publle library In the state. .--eept one and the second lare-est. 4ft. AAA volumes: pure, refreshing water, unsurpassed: S m'lea of Improved streets; 40 miles of Mowers: IS mUea st renent enrh and gnttet cnmMoed; 41 mtlea of element walks and manv miles of r"lck walks. Thlrtv churches. In. rudln the TM Mmnrlal. hullt at a coxt of tiSO-OOO: Ueld Memorial Hospital, one of the most i vnoern In the state' T. M C. A.VM'Mie. erected at a cost of It a A. eon one nf the finest In the etste. The amusement center of pastern Indiana and Western Oh''. N rltv the slae cf t!chmond Mill e fine an anmi.il art eMhl. The Plchmond Fall Festival bed e-rh rwhrr Is nntque, rn othe ,.tv hold a similar -f fair 7t Is gtven tn the Interest f the clv and financed by the ptislnee tnei. giicces awaiting anvnne with eteprlse In the Panic Proof Ctty. REPUBLICAN TICKET' WAYNE COUNTY. . oasasawjesaaa r-For Congress WILLIAM O. BARNARD Fcr Representative LEE J. REYNOLDS For Joint Representative (Warn and Fayette Counties) ELMER OLDAKER ' For Joint Senator (Wayne and Union Counties) WALTER S. COMMONS . For Prosecutor CHARLES L. LADD For Auditor LEWIS 8. BOWMAN For Clerk GEORGE MATTHEWS . For Sheriff ; ALBERT B. 8TEEN For Treasurer ALBERT ALBERTSON 1 as ' For Commissioner ' (Middle District) BARNEY UNDERMAN t .(Western District) ROBERT BEESON For Coroner DR. ROLLO J, PIERCE For Assessor WILLIAM MATHEWS

174 to 2- The Death Gamble Today for the first time, the common law finds itself arrayed against the people; for the first time. Instead of securing for them what they most price, they know it chiefly aa something which stands between them and what they most desire. The Columbia Law Review.

When a man bets a amall wager he considers that when he gives his opponent five chances to his own three, he is giving the other man a decided advantage. In these days the law does not allow betting and gambling debts are not collectable under the law. Yet today the greatest gamble that any man can make is deliberately written on our statute books and the posted odds as declared, by the courts are 174 to This is the Death Gamble.

John J. Kelly is an attorney. His main business is entering suits for the Big Four Railroad. He often calls in another attorney as assistant counsel. The majority of his cases come under the Employers' Liability Act of 1893. If the railroad does not win in the lower court, he takes it either to the Appellate or the Supreme Court of Indiana. Mr. Kelly is almost invariably-successful with his suits. So far we have a simple illustration of the ordinary law practice of an attorney for a large railroad. Such a thing is proper and praiseworthy. This story does not concern Mr. Kelly. We shall call him as a witness later.

In 1S93 the working men of Indiana were gratified to learn that an employers' liability law had been passed by the legislature. The bill had been in great Jeopardy and it seemed for a time that the law would not pass. At this juncture, an attorney of Indianapolis, advised them that by the substitution of one section for another in the bill as a compromise, he could induce the legislature to pass it And so it has become a law. Here is the law: Sec. 2. Neither an. employe nor his legal representative shall be entitled under this act to any right of compensation or remedy against the corporation in any case where the Injury results from obedience to an order which subjects the employe to palpable danger; or where the inJury was caused by the incompetency of the co-employe and such incompetency was known to the employe injured; or such injured employe in the exercise of reasonable care might have discovered such incompetency; unless the employe so Injured gave or caused to be given information thereof to the corporation or some superior entrusted with the general superintendency of such co-employe, and such corporation failed or refused to discharge such Incompetent employe within a reasonable time, or failed or refused within a reasonable time to investigate the alleged Incompetency of the co-employe or superior and discharge him if found Incompetent

Palpable Danger? What is that? Why it is danger which is so obvious that any one can see it. Therefore, if any man sees the danger, be is under the law unable to recover damages. Listen to the case of Glllln. "Glllln was a brakeman "The negligence of the railway was admitted. The cavity between the rail and; the guard rail was dangerous. It was a pit of death for the feet of all employes. This point was not disputed. - " 'But," said the court, 'if a brakeman, under such circumstances, continues to work without requiring the frogs and guard-rails to be filled or blocked, he must be held to have waived his right and to assume the risk of injury from stepping into them. "Glllln ought to have gone to the president of the railway and told him to block and fill those frogs and guard rails. He ought to have required it. He ought to have insisted on . it. And if the president consigned him to the world to come, and struck his name from the payroll, what 'matter? Glllln was at liberty to go out and start a bank or float, trust. "We are not attacking the courts. Not attacking the' interpretation of the law. Going farther and attacking the law itself." ' Injured in the Course of Duty.

What is the doctrine of Fellow Servant? .. t. v , Coffey was a furnace man in a large' factory. . - - . ' . Swlck worked the furnace in the" day time Coffey at night... wick was a new man at the game. 1 ' . Coffey had seen Swick once and spoken to him, talked with him when they went on duty. But only one or twice, because Swick only saw Coffey rarely in the large factory. . Swlck plugged up a furnace carelessly one day and Coffey coming in on the'night shift did .not know it. Coffey was horribly injured by burning metal. - The court held that Coffey ought to have reasonably known that Swick was Incompetent because he was a new man. Because Coffey did not foresee that Swick was a new man and might plug up the furnace wrongly, and Swick did 'not go and tell him not to do it and did not protest to any official against the hiring of Swick Coffey received no money from the court. In other words, it means that this law places the burden of all incompetence and all imperfections the most glaring imperfections of machinery, on the every day workman. "Or such employe in the exercise of reasonable care might have discovered such incompetency!" ' What is reasonable care? What do the odds In court show?

Out of 170 cases carried to the higher courts, 174 have been decided against tht Injured man 2 have been decided for working men. t 174 to 2. - That seems rather remarkable, does It not? Are our courts corrupt? Have there been poor attorneya who appeared for the workman the every day citizen? No. The fault "lies In the law of 1893.

What does the law Kern induced the laboring men of Indiana to accept, mean? It means that tht workmen of Indiana are saddled with all the imperfections of machinery on the one hand and all the imperfections of mankind on the other I JOHN WORTH KERN WAS THE MAN WHO INDUCED THE LABOR MEN TO "COMPROMISE" UNDER PRETENSE OF FRIENDSHIP TO LABOR. , i HE WROTE THE LAW OF PALPABLE DANGER AND FELLOW SERVANT INTO THE EMPLOYERS' LIABILITY ACT OF 1893.

What has he been doing since? Let us call John J. Kelly of the Big Four, as witness. "Mr. Kern has assisted us in several cases during the last two years." said John J. Kelly, attorney for the Big Four company, when referring to the damage suits brought by employes against the corporation for which John W. Kern has worked. "I cannot say which cases Mr. Kern helped on Just now," continued the lawyer, "but we always called on him when we had important cases. We have not asked him to assist us so much recently as we did several months back."

Think of it! v 1. Lobbyist. 2. Corporation Attorney. He wrote the law that Big Business profits by at the expense of its workman and he in turn has profited from pig Business at the 'expense of the workman.

Mr. Kern is a candidate for the United States Senate. Here he will come in every day contact with legislation dealing with the every day man. For years Mr. Jvern has made it his business to lobby in the legislature for corporations to do what he did in the law we have just set forth. He is a skillful corporation attorney and has profited by the very laws that he has had enacted for his clients. , When the time comes to fight for the people in a matter like the tar-' iff. the railroad rate bill and the employers' liability acts child laborthings on which Beverldges record' is known, what, do you think he will do? ' 'V f . ; v .. .. v , It does not Impress us forcibly when Mr. Bryan cornea Into Richmond .and says: ' "For fourteen years the democratic party has been writing platforms

In defense of the rights of the laboring man, and Mr. Kern has been defending these platforms each year."

For our part it is as good an Illustration as can be furnished of the dealings of Unseen Government by Corporations through their Lobbyist. What are you going to do? This Is your fight.

Stray Topics Gathered From the Gay American Metropolis

Palladium Special) New York, Oct. 22. A bit of old American history was recalled in the memorable decision which Justice Blackmar in the Supreme Court of Suffolk County handed down the other day, conflrmipg the purchase of Indian Field, at MonUuk Point, L. I., by. Arthur W. Benson from the Indians in 1879 and settling a dispute between the Indians and Mr. Benson and his heirs and executors which has lasted nearly twenty years: The Montauk Indians had lived on the land for nearly 250 years, but their once powerful tribe . had dwindled to a few families, when Mr. Benson bought the land from them. At. the time of the purchase the land was not worth much, but it became very valuable when the Long Island railroad was extended to Montauk Point When the Indians found that their former property had become valuable, they tried to abrogate the sale and regain possession of the land by legal process, claiming tribal rights to the ground. They were ruled out of court, however, as they no longer bad any tribal organization and therefore no standing in court. In 1906 the Legislature was induced to pass an act permitting the few surviving Montauk Indians to reorganize as a tribe, so as to be able to sue as a tribe. But even this did not avail . them much, as the court decided that there is no longer a tribe of Montauk Indians and the sale of their land to Benson and his heirs must be recognized aa s legal and lawful act. A mean trick was played upon a policeman in Brooklyn the other day, which shows either one of two things, the extent to which a man's meanness may go under certain favorable conditions, or the peculiar ideas some persons have as to what constitutes a good joke. The victim of the trick or joke, a faithful policeman, was sent to Coney Island during the anti-vice campaign this summer, to collect evidence against the dives existing in Coney and against the lawless elements infesting that famous resort. He was instructed to visit disreputable dens and grog shops, to associate with lewd women and criminals of all kinds and to make a record of the conditions he found. He did his work wellaccording to instructlons and after his . task was completed be turned in an expense account, specific in every detail. Through the stupidity or meanness of his superior officer this tell tale expense account - fell into the hands of the policeman's wife. The result may easily be imagined- Upon the complaint of the aggrieved policeman an investigation has been ordered to find and properly punish the fiend who caused the trouble. The squirrels in Central Park, the delight of the children and even of grown persons who found pleasure in watching the graceful antics of these tame litle animals are rapidly becoming extinct In former years the squirrels multiplied so rapidly that it became necesary from time to capture

2nd. BEING MISFITTED BY INEXPERIENCED OR CARELESS SALESMEN. We employ only the most competent and careful salesmen who can and do fit our customers properly. We guarantee a correct fit ' 3rd. STIFF SHOES THAT DO NOT BEND WITH THE FOOT, We will sell you welts as flexible as turns, in addition to a full line of shoes made under our own name and guaranteed by us, we sell such well known lines as THE RED CROSS, THE DOROTHY DODD WITH FLEXIBLE WONDER WORKER SOLE, THE GROVER SHOES AND OLD TYME COMFORT SHOES.

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IHIoadquarioro For.CKbcs and

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or shoot a large number of them to keep them from becoming a pest Now, however, instead of Increasing in number the squirrels are rapidly decreasing and the park authorities fear that in a short time there will be no more squirrels In the park. Automobilista are the cause of this startling decrease in the squirrel population of Central park. Many of the automobilists find a peculiar pleasure in running over the tame little ani

mals, who never show fear of horses or automobiles and every day scores of the squirrels are killed in this brutal way. An appeal has been made by the park authorities to put an end to this cruel and brutal sport of the auto fiends who seem to consider th' "sport" as practice for the killing of human beings. New York, Oct. 22. George Wright, "The Literary Burglar of Westchester," a man of many aliases, and for many years known to the police as one of the most daring housebreakers in this part of the country, has been sentenced to twenty-one years in Sing Sing. It was one of his peculiarities to leave behind him in every house or apartment he had robbed, some written token of his visit. Some of his notes were humorous, others merely impudent. In most cases Wright left polite notes, ' thanking the owners for the plunder he had taken and promising to return. for more. ; Owing to the continued drought in J this section of the country the water famine In some of the towns and villages outside of Greater New York Js assuming serious proportions. Some of the towns have only water enough for a few days and after that is used up the residents will be entirely without water even foY drinking purposes. Baths have been a luxury in these towns all summer and will become'a matter of mere tradition unless relief should come within a few days. The .recent exhibition of the American Ladies' Tailors' Association which was held In the .roof garden of the Hotel Astor, attracted considerable interest. The display was really worth seeing and the place was crowded with visitors at all hours. . Nothing seemed to excite the curiosity of the visitors more than the models of costumes especially designed for 'suffragettes. One r.f the costumes in particular formed the center of Interest. It -was a peculiar arrangement, comprising a divided skirt, not much wider than a pair of baggy trousers, the kind that used to be fashionable with "swells" a few years ago. The lower part of the divided skirt was drawn in so as to fit inside of leggins, reaching half way up the knee. Each trouserleg, or rather skirt-leg was creased, front and back in the most approved fashion and provided with four pockets, two in front and two in the rear. The waist and the short, mannish coat to go with the divided skirt had also several conspicuous pockets. The girls of New York are extremely grateful to the authorities for having begun their' war against shortweighting. There is a particular reason for this feeling of gratitude, which IS

UDogVt Smffffcr From Tiirodt Aoh itid Foot Whon TTota (Dam Jfaioti ao Well HSo Comffbirtcilbloe JeaaaMMBaaBBaiBaaaaaaaaa aaaa bmbh aaaaaaa aaaaaaaaaM """"" aaaaai aai mam aaaa m aMaBaswaBWeavaMBaaaBaHBaaaawaBBBaaaBHsaBaBBMBBaaaBBBaw ... .. ; Foot troubles began to be so universal that we made it a point to investigate the causes and found that nine-tenths of the foot troubles were due to three things: 1st Bad fitting shoes or shoes made over ill-fitting lasts. Just as there are "many' men of many minds," so there are many feet of many kinds, and to have lasts to fit all shapes we carry a full and complete line of lasts that COMBINE BOTH COMFORT AND STYLE, Our Nature last has been pronounced by hundreds of men and women as the best fitting, most comfortable and still the neatest looking broad toe shoe they have ever seen or worn. Try a pair $2.00 to $4.00. Or if you don't require our Nature Last for comfort, you may like our new Stage Last for ladies, a short vamp, plain round, full toe, or if the toe is still too wide, try a pair of our modified Stage last which is not quite so wide, but short vamp. We' can show you 50 styles of lasts and all guaranteed to be correct fitting lasts. "

has nothing whatever to do with the realization of the abstract principles of honesty and Justice. It la caused by

the fact that the dispensers or. canay in boxes feariner target themselxes In trouble, have abandoned the system of weighing their candles witn tne oox in which thev are dispensed and are now selling the sweets according to net weight LAWYER'S IN GERMANY. They Cannot Advertise), nd Their Fee Are Fixed by Law. The German law fixes the exact fees which a German attorney bas to claim for all kinds ot professional work, and the recbtaanwalt can charge neither more nor leas.;. These fees apply to all matters of the civil code and of criminal cases. The amount according to the Green Bag. depends exclusively on the value of the object of contention. It is an old though still unfulfilled wish of German lawyers to have a new fixed list of fees, not made after the old and low standard of tbe year 1S79. but made with consideration to tbe changes the numerous decided changes which have taken place since that year. The rechtsanwalt Is . attorney and counselor at law all In one (in England solicitor and barrister!. The rechtsanwalt can never be a business man, as Is tbe case In tbe United States. The exercise ot the law Is not to be considered a calling of profession, but is to be looked on more aa a public office. According to the lawyers'' code of the 1st of July, 187S. a lawyer is charged publicly with certain duties. He is obliged to bare his residence in the town or district where he is appointed (so called residence duty). Further, be must conduct himself in and out of office in a way befitting his professional and social standing U eduty due to his rank. Thus a lawyer is forbidden to advertise In newspapers, by canvassing, etc., or to buy or take over a practice already made as being unworthy of bis calling. His position in society is between officials and scholars, and through custom and law be is compelled to keep the position to tbe last degree. This compulsion to keep one's rank has given rise to tbe existence of committees called anwaltskammern. whose duty it is to keep a strict watch that no lawyer dishonors his calling. These committees have a strict code of punishment, ranging to complete expulsion from office. In this way the lawyers in Germany have a good and honored position. In fact there is scarcely a country in which the lawyer enjoys more respect and confidence. If yen are trouBled with sick headaeao. ooa ttipation. indigestion, offensive breath or any disease arising- from stomach trouble, get a 90c or SI bottle of Dr. Caldwell's Syrnp Papain, U ia posit' veiy guaranteed to cure von. "THIS DATE

OCTOBER 23. 1679 Meal Tub plot discovered in England. 1736 La Verandrye and his exploring party arrived at Fort St. Charles. Lake of the Woods. ( , , - 1786 Baron Dorchester took the oath of office as Governor of Canada. 1790 Chauncey A. Goodrich, a noted lexicographer, born In New Haven, Conn. Died there February 25, 1860. 1805 The transport Aeneas wrecked off Newfoundland, with a Joss of 340 lives. 1817 James William Denver, governor of Kansas, after whom the caplttal of Colorado was named, born. 'Died August 8, 1894. 1855 The third exhibition of tbe United States agricultural society opened in Boston. 1869 Lord Derby, English prime minister, died. Born March 29, 1799, 1875 The first blow at the Bessemer Steel Works at Scranton was made.

cnxdl oo Rubbcro

COMPETENT JUDGES. Beauty Doctors Endorse Herplcide.

women who make a, business ot beautifying other women come pretty near knowing what will bring about the best results. Here are letters from two, concerning Herpicide; . "I can recommend Newbro'a Herpicide." as it stopped my hair from falling out; and. as a dressing it has no superior. "(Signed) Bertha A. Trullinger, "Complexion Specialist -29H Morrison St, Portland, Ore." "After using one bottle of "Herpicide" my hair has stopped falling out, and my scalp is entirely free from dandruff. , "(Signed.) Grace Dodge, Beauty Doctor, "195 Sixth St., Portland. Ore." Sold by leading druggists. Send 10c in stamps for sample to The Herpiclde Co., Detroit Mich. One dollar bottles ; guaranteed. A. G. Luken and Company. Special Agents. This Is My 47th Birthday WILLIAM J. SPILLMAN. William J. Splllman, chief of the bureau of plant industry ot the United States department of agriculture was born in Lawrence county, Missouri, October 23, 1863, and received his education at the university of Missouri. After leaving the university he engaged in the study of scientific agriculture and in 19Q2 he ' be came agro8ioiogist or tne department of agriculture at Washington which position he continued to fill until his appointment as chief of the bureau of plant industry. Mr. Splllman has made the heredity ot plants his special study and he has also given much attention to the distribution of parental characters in hybrid offspring. In his chosen field of agricultural science he is regarded as a high authority and he has been honored with membership : in many of the leading American scientific societies. MASONIC CALENDAR. Tuesday, Oct. 25. Richmond Lodge, No. 196, F. & A. M.. called meeting, work in M. M. degree. Refreshments.' Wednesday, Oct 26 Webb Lodge. No. 24, F. & A. M. Called meeting. Work in U. H. decree. Refreshments. k Friday, : Oct 28 King Solomon's Chapter, No. 4, R. A. M. Special meeting, work in Mark Master degree. ' 4 Saturday, Oct. 29 Loyal Chapter No. 49, O. E. S. Basket supper at 7:30 p. m. and social for members and their families. IN HISTORY' &