Richmond Palladium (Daily), Volume 36, Number 241, 8 July 1911 — Page 1

EIC PAIXABHJM EDITORIAL DEPAMTIEHT Fnons 1121 .OFFICE PH0HE25C5 AND SUN-TELEGRAM. VOL. XXXVI. NO. 241. niCJIMOXD, IXD., SATURDAY St . i i i 4,JULT8, 1911. SINGLE COPY 2 CENTS 8LUEC0ATS MAKE ft RAID AT CARtllVAL TAKE 7 GAMBLERS Venezuela Terror and His Wife QUE OF THE 1ST KII0WI1 RESIDENTS OF CITY IS DEAD GIVEN THE DECISION IN FIRST

5.

COMPANY

SKIRMISH OVER NATIONAL ROAD

Operators of Wheels and Other Devices, Always S Found at Fairs and CarniIvals. Faced Mayor Today.

' V - - AeB-EGYPT: IS v :;: NaVftRY LUCKY DANCER So Bent on Stopping Games of Chance Were Cops that Tom-toms of Oriental Show Were Not Heard.

Ignoring the tum-tum, te-tum-tum-tuttl tum, of the tambourines of the "oriental beauties," hearing not the teady Jingle of dimes as they dropped from the hands of highly interested citizens but with wistful, sidelong glances at the "queens of the dance," on the wooden platform in front of the 'Little Egypt" show of the Moose carnival, where they cavorted, gold bespangled but scantily attired, before a crowd of applauding men and boys, a squad of police officers led by Chief Gormon, swooped down on seven alleged gamblers. The ."Sultan's favorites" continued to get the dimes, but the "fortune wheels," "striking machines," and other "sure things" men who were taking In an. occasional nickle went to polio headquarters This rooming, before Mayor Zimmerman they were lined as follows: C. V. Green, wheel pt Ifortune, $25 and costs; Harry McDermlt and Manford Carey, chance game, '$10 and costs; James Rogers, strking (machine $25 and costs. Had "Narrow Escapes." i Elmer Angle, Mae Blackman and ; (Frank Burch were acquitted. The last - linen were alleged to bo guilty of "bun-

(so steering, or piiohrs uiuBr-a tgames of chance. Prosecutor Ladd explained that he could send 'them to the penitentiary, but believed they Bhould be excused on account of Ignorance of the law. There was considerable protest by some of the men who were fined. They said they had nothing to do with the games. Harry McDermlt, was standing near the stand presided over by Carey, and, it is alleged, advised another man to "take a chance." It was alleged the victim "Jumped at the chance," and j, lost his money. "I had nothing to do with the game," declared McDermlt to he Judge. No evidence was introduced to show that he did belong to the game tout the Mayor said, "Yes, you did. What's the law Mr. Ladd?" One of the witnesses, Ed Nume, claimed that he had been forced to spend bis money at the Carey stand by one of the "bunko steerers," but later admitted he had merely been told that his chances for winning were good. Ignorance of Laws. Some of those fined were running wheels and other devices, such as are found at all fairs and carnivals, on which prizes were offered for every number. Through ignorance of the law, ell the men plead guilty. The raid at the carnival last night, took place about ten o'clock. Besides Superintendent Gormon there wero Patrolman Hebblc, YlngHng, Edwards and Park Superintendent Ed Hollarn It had been "tipped off." previously that there would be a raid, and several of the men sought by the police !wcre not taken.

(PRESIDENT KELLY ATTENDS MEETING Prertdent R. L. Kelly, of Earlham ' College, attended a meeting of promient educators at Indianapolis yester- ' day, when there was a discussion of Important changes to be made in the normal school courses of the. state, roe meeting, held In the office of State Superintendent of Public Intructlon Greathouse, was attended by, (besides Pres. Kelly, W. W. Parsons, president of Indiana Normal school, fend W. W. Black, head of the school of education at Indiana university. Y. M. C. A. SCHOOL Fifty members have enrolled in the y. M. C. A. summer school. Success Is assured. Among the instructors are Miss Magdalena Schultx, German, and Prof. D. Ramsey, general branches. School will ce held In the high school building, on regular session days, opening at 8:30 and closing aj 11:30 a. in. Regular rublic school credit will be given. Those who have not enrolled are requested to do so on Mon- , day morning. LfA VE the Palladium go with you on your vacation. Ten cents per week. Telephone your order before starting. Phone 2566.

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Ex-president Castro of Venezuela, has evaded the watchful eye of Uncle Sam and has returned to his native land to start a revolution.

TO ENTER PROTEST In Wayne County Personal and Real Estate Taxes, A united effort will be made by the Commercial club and the' county commissioners to defeat the intent of the state board of tax commissioners to raise the assessment value of both real estate and personal property in the county, a notice to which effect was received from the secretary of the state board tcJay by county auditor Demas Coe. On Monday, July 17, the state board notifies the Wayne county authorities that it will consider the question of either increasing, reducing or equalizing the assessments of both . personal property and real estate in this county, including both kinds of property in the towns and in Richmond. The commissioners will attend and also will send county attorney J.'F. Robbins to Indianapolis, on the date set for' the hearing to prevent if possible the . state board increasing the assessment values. County 'Auditor Demas Coe notified Secretary C. W. Jordan of the Commercial club and he will call the attention of the board of directors to the matter on Monday evening. The club, no doubt will send one or more representa tives to the state board meeting and unite with the county officials in, a concerted effort to defeat any proposed increase which may be made by the board. ' The officials "and representatives of the Commercial club will have data to show the. board that- an increase in either the valuation of real estate or personal property in this county would be unjust. Although the state board includes In its notice the statement it will consider reduction of the . property assessed values, there are very few cases on record when ' such, consideration ever resulted in a reduction, n Practically all the board considers seriously is increasing the assessment values. In deliberating on the estimate the state board will take up the question,' not as affects any part of the county, but the county as a whole. In other words if there should be an increase, the entire county would-be affected by the board's ruling and this is the reason the club officials as well as the county officials are so solicitous to protect the interests of the taxpayers. At the same time the board takes up the Wayne county case, it will also consider the cases of seventeen other counties. GERMAN BAKERS TO VISIT FATHERLAND f (National News Association) New York, July 8. The HamburgAmerican line steamer Pennsylvania which sailed from Hoboken today carries among her passengers some two hundred members of the German Master Bakers' Association of the State of New York. Thex plan to spend the summer visiting their old homes In the fatherland and they will also attend the annual convention of the German Master Bakers Association at Sttrttgart. Many of the bakers are accompanied on the trip 3y their wives and families. ' "

Oil AIIK INCREASES

$3,100 IS ALLOWED TO SECURE TALENT

Chautauqua Next . Month Promises to Be Best One The .directors of the Chautauqua met last night, at the Comemrcial club and authorized the exoenditure of $3.100 for the program for the assembly to be held here in August and September. The amount is considered sufficient to secure talent that will be equal to that of any previous year.

President Hammond, of the board of;clay ciub an other organizations, and works, who is one of the city's repre- he was the close nersonal friend of all

sentatives on the board of the Chau - tauqua, says the program will be high-, ly popular, probably tne most entertaming wun wnicn Kicnmond has been favored by the Chautauqua association. Other members of the board are: City Controller, E. G.' McMahan, Richard Sedgwick, T. A. Mott,- Filmore Riggs, J. F. Hasemeier, Clarence Kramer, J. F. Davenport and Ed. Shera. Although not complete the program will probably be so within a day or two. ; The program committee has all fits attractions in view. ! Raymond Myrick, who has been con nected with Chautauqua work for sev eral years.. was .last night elected sec - rotflTV nf the Phanfaunna 11a will Ka assisted in some office work "bv Secre - tary Weed, of the Y. M. C. A., as the association shares in the profits of the assembly. The tent committee will soon place its order for 225 small tents with the Dayton firm, which has furnished them for the past few years. Hedrick, of Dayton, will receive the concessions and privileges for the 1911 assembly; The speakers at the institute this year will be F. A., Cotton, president of the Wisconsin State Normal, formerly state superintendent of public Instruction, and , Leon Vincent, who spoke in Richmond at former Chautauquas. . REVOLUTION IN CUBA Expected "Because of Graft Charges. ' -Washington,' July 8. The state department is considering a means of protecting the lives and property of Americans in Cuba where. another revolution is threatened. According to official advices dissension has arisen against the Gomez regime because the President, who entered office a poor man, is now reported to be fabulously rich. Graft is charged. A BIG EARTHQUAKE FELT IN HUNGARY (National News Association) Vienna, July 8. A violent earthquake was felt in Hungary today, causing a wave of terror across the nation and doing heavy damage, especially in the regiou about Kecskamet, 50 miles southeast of Budapest. At Kecskemet hundreds of chimneys were shaken down, walls fell and buildings were cracked. Residents fled from the city in terror. At other towns similar damage was done. Communication was interrupted and first reports were meager, making no mention of any loss of life

George R. Dilks, Prominent

Wholesale Lumber Dealer, Suddenly Expires at Home in Spring Grove. ALWAYS ACTIVE IN INTBtTIXS OF CITY Mr, Dilsjdpnly Been 111 "vfo'f TwoWeeks and Was Supposed to Be Recovering His Health Again. George R. Dilks, for several years engaged in the wholesale lumber business in this city, with his offices in (the Colonial building, died most unex pectedly on Friday afternoon at 4 ; o'clock at his home in Spring Grove. Death was due to heart disease, induced by a complete nervous breakdown, experinced about two weeks ago. He was fifty-six years old. . The funeral will be held on Monday afternoon at the residence at 4 o'clock. Burial will be in Earlham cemetery. Friends may call at any time. For more than sx months Mr. Dilks has been in failing health and in March was confined to his home for a short time. On Monday, June 26, he was taken seriously ill, the attending physician attributing his condition to nervous prostration, fie had considerable difficulty in' breathing and later, for about five days, his heart action was very irregular. However, he responded quickly , to treatment and for the last two or three days his condition indicated he was much improved In health. Yesterday afternoon his condition became suddenly worse and he died within a short time. - Word of hia death when received! yesterday afternoon, was a distinct shock to his many friends in this city. i Mr Dilks perhaps was as well and fa vorably known, as any man in the county. For many years he had been closely allied 4 civic enterprises by virtue of his, activity in the Commerwith whom he came ln contact. For Bevrai years ne had Den a director in the commercial Club and served on many of its mo6t important committees. Mr. Dilks was in comfortable circumstances, possessing valuable real estate holdings, not only in the county but elsewhere. His business was one of the largest of its kind in the state. He was a member of the T. P. A. and the Friends church. Sketch of His Life. At eighteen or twenty years of age, Mr. Dilks determined on a commercial !career and was employed at the Rich- ! mond Church and School Furniture 1 company and afterwards for George H- Grant and company. After four ; years ne resigned to take a position with T. H. Hill in the grain business and in resigned this' place to accent tnat of superintendent of the 1 Chicago Linseed Oil company. A year later he resigned and accepted a position in a similar capacity with the J. P. Evans and company of Indianapolis, which concern also was engaged in the manufacture of linseed oil. In 1SS6 he returned to Richmond as superintendent of the Haynes, Spencer and company, manufacturers o church furniture. Two years later he took charge of a branch office of the W. J. Benners and Sons, of Philadelphia, wholesale dealers in hardwood lumber, and until 1891 divided his time between the office here and on the road for the company. During the five ensuing years he was associated with the M. B. Martin firm of Cincinnati as traveling salesman. Upon retiring from that firm, he engaged in the hardwood lumber business for himself. His business, which was jobbing exclusively has assumed considerable proportions and he was regarded as one of the leading dealers in the state. Born in Philadelphia. He was born in Philadelphia on Oct. 20, 1854 and lived there until seven years old, -when the family moved to Richmond. His father, George Dilks, who waa a prominent Friend and a well-to-do lumber dealer and financier of Philadelphia, died when Mr. Dilks was quite young. Mr. Dilks received his elementary .education in the public schools here, and later attended the old boarding school of the Friends at Westown. Chester County, Pennsylvania, In October, 1S76, he was married to Miss Alice Hill, daughter of George Hill and wife, who survives. Six children were bsrn, five of whom, including M-s, J. E. Weller, Mrs. Geo. Coale and Miss Dorothy, and Geo. H. Dilks, Jr., all of this city and Harry R. Dilks, of Buffalo, New York, survive. Three sisters. Mrs. J. C. Griffith, of Chicago, and Mrs. Joseph C. White, and Mrs. Rachael J. Shoemaker, of this city, also biot1t q v ". '

if

ENTERS A VERDICT III WOMAII'S DEATH Mrs. McLaughlin Met Death Principally Because of Oil on the Tracks.

Oiling of streets on which the street railway company operates its cars is regarded as dangerous by Coroner R. J. Pierce and at least partially responsible for the fatal accident to Mrs. Mary McLaughlin, who was instantly killed a week ligo today, at West Main and First streets, when she was struck by a city car. The coroner took an extraordinary amount of testimony in this case and while he does not fix the responsibility, he holds that the oil on the tracks made them so slippery it was impossible for the car, which wasrunning at no greater rate of speed than fifteen miles an hour, to be stopped in time by Motorman Stewart Taylor to avoid the accident. His verdict is that death was due to multiple injuries, received about the head and body. . In his introductory, . in which he reviews the testimony adduced, he says in part: Coroner's Verdict. "The testimony of the witnesses who observed the accident goes to show that , the deceased ran across Main street from Hayward's Grocery with the evident intention of crossing the v car track and entering the car from the south side, but after partially crossing the track, she seemed in a state of mental confusion and at tempted to retrace her movements, but did not clear the area of dinger and! was struck bv the 'crab, handle The ,.. .v. v . . ' - -.4. nimous that the motorman shouted warning to the deceased, but that she did not heed, nor seemingly appreciate the danger of her situation. "Likewise the testimony regarding the rate of speed of the eastbound car No. 326 is unanimous to one point, viz: That the rate at this point was not greater than that usually maintained by the city cars. There is much disparity, however, in the estimates of the . exact rate of 'speed, these estimates:, varying from eight to fifteen miles an hour. So it can not be determined from the testimony of the witnesses called, whether or not the speed of the car was greater than the authorized speed maximum. "Motorman Taylor and witness Maddox, also an employe of the street railway company and a passenger on the car at the time of the accident swear that every means possible was used to stop the car but that the car could not be stopped mainly on account of the oily condition of rails, until it was too late to arrest the accident. The testimony of S. W Hart and Gilbert H. Scott verifies that of Motorman Taylor and Joseph Maddox, and also attributes the motorman's inability to stop the car to the oil on the rails of the track. William H. and Edward F. Rodefeld testified that it has been their observations that since the street! had been oiled motormen frequently had difficulty in stopping their cars at the usual place at the intersection of Main and West First' streets when east bound." TWO NOTED MEN ILL John Gates at Paris, J. Keene at London. R. (National News Association) Paris, July 8. The mystery surIrounding the real conditln ; of John W. Gates, who is 111 at the Hotel Meurice here, was deepened " today. While Dr. Edmund Gross, one of the five physicians in attendance authorized a statement today that Mr. Gates is progressing as fairly as possible, the admitted that the American had suffered from acute inflamation .of the kidneys and other complications. On the other Mrs. Gates went shopping and driving today, indicating that her husband's condition is not so grave as the nublic has been led to believe. Charles W. Gates, who is racing across the ocean, is expected at his father's bedside within a few days. KEENE'S CONDITION. London, July 8. The condition of James R. Keane. the millionaire stock manipulator, who Is 111 at the Carleton hotel, was said today to be very grave. Although. Mr. Keene himself is anxious to hurry to America, his physicians declare that he i cannot stand the trip at this time. The seventy-three-year old financier was brought here from Italy by Decoorcey Forbes, his traveling companion. He bad been in a sanitarium in Italy for several months-

Judge Fox Cannot See the Contention pf County Commissioners that It "Is Necessary, Expedient and Proper for the Public Welfare, Safety and Convenience" to Have Tracks Moved.

COUNTY

IS LATE III

Court Says if Traction Company Openly and Notorious ly Violated Its Franchise, in Respect to the Location of the Track and Condition of the Grade, Then the County Is Equally. Guilty.

That the demand of the board of Wayne county commissioners was "unreasonable" in ordering the Terre Haute Indianapolis and Eastern Traction company to remove its tracks off the portion of the National road from the city corporate limit to the Wayne Center township line, which is to be Improved and converted into a boulevard, is the opinion of Judge H. C. Fox of the Wayne circuit court in his ruling en the demurrer, filed by the defendant corporation to the action for mandate, instituted in the court bv the state of Indiana on relation of the Doard of commissioners of the county of Wavne. The demurrer Is sustained and thuB ends the first step in a moat important fight between the board ' of commissioners, representing the people of Wayne township and the traction company. The complaint is declared faulty and in case the commissioners determine to carry on the fight, the complaint must be amended and the fight practically begun again. Decision In Brief. In brief the decision , of .the court, rendered this morning., is that sufficient, police power Is not vested in the county commissioners , to force the fopany;off of the improvement s ii hub s . oi oau ana moBi uirci ai ima VV Hhfetb Hyp iUthe tight to use t6i-TiIgSaynffiaTa5if shall not. be more than twelve ' feet from the center of the highway. How ever, he does hold that the commissioners and the county surveyor have he authority to designate, where the company's tracks shall be located, on the improvement. , The future action of the commissioners remains to he determined at a conference to be held by the commissioners and their attorneys, T. J. Study, J. F. Robbins and H. U. Johnson, a week from today. However the public may rest assured the fight is not ended. Chairman Beeson of the commissioners' board, said "Of course, we are not going to give up." Attorney Study said, "the fight will be carried through." v ; . A Prominent .Clause. "An act which the law 4 specifically enjoins," which is a clause in the second section of the state , statute on mandate figures largely in the decision. This section is as follows: "The action of mandate may be prosecuted against any inferior tribunal, corporajtion, public or corporate officer, or person to compel the performance of any act which the law specifically enjoins or any duty resulting from any office, trust or Btation." In outlining his decision the Court says " there must be some act which the law specifically enjoins, that the defendant has refused to do and which the court can enforce by mandate. The court found that such did not figure in this case. The Court is especially clear that lax business methods on the part of the commissioners is partially responsible for the present difficulty. In the first place he holds that the board of commissioners which granted the francibse to Perry J. Freeman arid John M. Lontz, who secured it for a speculative purpose, made a grave mistake in not refusing the franchise to them and instead granting it .to some parties who would be responsible for the construction. Furthermore, though he excuses the present board from all responsibility in the afore mentioned criticism," he declares that no effort was made to correct the abuses of the contract between the county and the company until time for bringing the suit. On Public Utility. In regard to the public utility of removing the tracks from the road the court says that " the reason cited in j the complaint is a conclusion without a premise and one which is arbitrarily reached by the complaints. In regard to the alleged violation of the franchise the court says that in respect to the location of the track and the condition of the grade, these facts for eleven years were open and notorious and apparently the commissioners acquiesced ln the situation without objection until time for bringing the suit. He holds the' commissioners have been equally guilty in respect to contract violations. Further on in referring to the resolution of the commissioners "that it was necessary, expedient and proper for the public welfare, safety and convenience" to improve the highway for two and a half miles with the tracks at least twenty three feet fro mthe center of the highway, and so ordered the defendant to do without its con

IDG

VI0LATI00S

sent, and not enforcing this relocation of the tracks for the remaining 154 miles, are situaUons which the court found hard to reconcile. I Sees No Detriment. He can not, see from the facts brought before him how the public safety and welfare suffer detriment by widening the highway and leaving the tracks thereon, as the space left for the exclusive use of the traveling public would be greater than before the improvement was made. - He refers - to Main street In this city, picturing the conditions during business hours when cars run frequently and vehicles and auto traffic is at its height declaring that the use of the street for facilitating public travel in the way of convenient and rapid transit Is regarded as promoting the public welfare and believes the same is true of interurban lines , which' are laid on highways in rural districts. He believes that ten persons travel ln interurbans to. one In other , modes of conveyance..'.,:1" " The ' salient; points of the" decision are contained ln the following extracts from the decision: Opinion of the Court. , "This is an "action fori' mandate." For the reason that this case is important the court has carefully considered and examined it In order to fpreseat,the views.ir, tow court understandingly, it is , proper In the beginning to outline the material allegations of the complaint, which is challenged by demurrer. , ' After the Introductory allegations In the complaint, it is alleged substantially as. follows: . v.-s That the relator is the owner, of a free turnpike road extending from the city of Richmond westward through Wayne County, known as the National Road. That it Is much used and traveled. That heretofore, towit on the second day of April, A.. D. 1900, the Board of Commissioners granted to one Perry J. Freeman and one John M. Lontz, their successors and assigns. a right of -way over, along and upon the said National Road from the city of Richmond westwardly through Wayne County, for the purpose of constructing, maintaining and operating a railway line thereon to be operated by electricity, or other motive power, steam excepted, . for the purpose of carrying passengers, baggage, . mall and freight, and to erect and maintain poles, and to string and maintain wires over, along and upon the said public highway from "the west corporation line of said city to the west lino of Wayne Township in said county for the purpose aforesaid. That on the date aforesaid the said, Freeman and Lontz, ln writing, accepted said franchise and all the terms and conditions thereof, which resolution , , and franchise, together with the written acceptance is set out In Commissioners' Record No. 25, beginning on pages 17 and 61. That soon thereafter a corporation then existing under the laws of this state known as the Richmond Street and Interurban Railway ' Company became the owner of said franchise and built and constructed an Interurban ..railway, line from the : west corporation line of Richmond westwardly to the west boundary of Wayne County by virtue of said franchise and as provided therein. That afterward the defendant corporation herein became and is now the owner of the said franchise and of the said internrban railway 11 ne. That it was expressly provided in said franchise that the rails to be used in construction might be T-rails and should not be lighter than , sixty , pounds to the yard and should be laid upon and along the side of such National Road that the commissioners and county , surveyor might designate, and should be so laid as to conform to the general grade thereof and so that the top of the rails should be flush with ' the surface of the roadway and that the said track should be so laid that the inside rail thereof, either on main track or turnout, should be as far as practicable from the middle of the road and In no case to be nearer the said middle than twelve feet witbent the. special consent of the Board of Commissioners. That under, and pursuant to the provisions of said franchise, the said rail(Continued on Page Eight) THE WEATHER STATE Local answers late tonight; Sunday, fair and warm. . LOCAL Fair and continued warm.