Richmond Palladium (Daily), Volume 36, Number 321, 25 September 1911 — Page 1

BIGHMOHB PAIJIABI AND STJN-TEEGRAM. VOL. XXXVI. NO. 321. RICHMOND, INP 3IONDAY EVENING. SEPTE3IBER 25, 1911. SINGLE COPY 2 CENTS.; CQriSTITUTIQII OF GOV. MARSHALL IS Speakers at the Conservation Congress CITY'S ULTIMATUM WILL BE GIVEN TO TRACTION COMPANY WARSHIP TODAY DECLARED FAULTY

THE

UM

KILLEcfoN

SAILORS

WERE

Judge Remster, Democrat, Rules General Assembly Has No Power to Propose New Constitution.

'APPEAL DECISION TO SUPREME COURT fReform Is Possible Through Constitutional Convention, Court Decides Election Officers Enjoined.

(National New Association) INDIANAPOLIS, Sept. 25. The legislative act proposing the new so-called "Tom Marshall" constitution, drawn up by the last Indiana general assembly for submission to a vote of the people was today declared unconstitutional by Judge Remster in the Marlon county circuit court. An apv peal to the supreme court will follow. Judge Ttemster ruled the general assembly does not possess the power to propose a new state constitution, the proper method being through a constitutional convention. Secretary of State Tjew Ellingham and election commissioners are enjoined by Judge Remster from submitting the proposed Constitution to a vote of the people. The decision was made in the case of John C. Dye against Secretary of State Ellingham and the state board of election commissioners. Dye attacked the legality of the new constitution. Summarizing his findings of the main propositions of the caso Judge Remster says: "AH power originally is invested in the people, in whom sovereignty resides. The right to alter and reform the government at all times Is the people's right, and is Inviolable. The people have divested themselves of all legislative powers and such as has not been invested in the national congress has been invested ; la the , general assembly. ' Not a Legislative Power. " ! "The proposing of a constitution or 'amendment to an existing one is not a legislative power, and is not an exercise of the legislative power vested in the general assembly by the constitution. Power to propose a constitutional amendment to the existing instrument Is not Included in the general . trend of legislative authority. "The proposed constitution, as such, Is void from want of power in the gen- . eral assembly to propose the same. The people by the constitution have delegated to the general assembly the power to propose the pacific amendments to the constitution and in the delegation of the power, has prescribed the mode of making Buch proposals J and submitting the same to the people. Not Political Question. "This prescribed mode is mandatory upon the general assembly and excludes the proposing of amendments by such bodies or by any other modes. The proposed constitution considered as a series of proopsed amendments to the existing constitution is void, because it Is not composed in the mode .. .Whether the proposing of an entire constitution by the general assembly Is an exercise of legislative power; 'under the general grant of legislative authority, and whether amendments proposed under the special delegation of power have been proposed and submitted by the constitution are Judicial (questions and not political questions." , ; : Judge Remster is a Democrat and in ' idecidlng againBt the proposed constitution he acted against the beliefs of '.. , "his personal and political friends. ' He . t. declined to allow politics to enter into 'the Question, but considered' it purely : w from a legal point, of view.- ;' j Iv RESCUE 500 MINERS 1 V FROM 'BURNING MINE

. - Tf" ' (National News Association)

: PITTSBURG, Sept. 23. Five hun- . Ured miners were imprisoned by a 1 "v fire in the Hazel mine of the Pittsburg and Ruffalo Coal company at. Canaonsburg, Pa., today. Desperate work by the fire fighters finally subdued the flames and got a current of " air to the entombed men after hopes had been abandoned. All were eventually rescued. '

Pushmobile Race is The Palladium Pushmobile contest knanagers are planning a pushmobile trace to be held some time the latter ipart of next week, and already a great deal of interest is manifested in the event by pushmobile owners and prospective owners as well. The place of holding the races has not been determined definitely but will probably be held on one of the principal streets of .Richmond. , Indianapolis pushmobile owners are expected to be here with their racers and enter the contests. The Palladium (arlll offer cash prizes and other pri

At the top, on the left, Is Henry Wallace, president of the National Conservation Congress. On his right is Gifford Pinchot, former chief forester, who opposes president Taffs conservation policies. At the bottomfrom left to right are: Professor Liberty Hyde Bailey, member of executive committee, and the lion. J. B. White,, chairman of the executive committee., r':J' ji . - ,

TRUSTS TO AGREE TO DISINTEGRATE Huge Corporations Plan with U. S. Representatives Business Reforms. (National News Association) NEW YORK, Sept. 25. AttorneyGeneral Wickersham following a conference with representatives of the American Tobacco company and Judges of the U. S. circuit courts said that no more private conferences would be held toward the voluntary dissolution of the tobacco trust. From this it was gathered that the dissolution plans, acceptable to? all parties concerned, were practically agreed upon at today's session, j i The attorney general said positive ly, there would be no public hearings In 'thematter next week nor would he say when such a hearing would be given." Disintegration', rather than dissolution, it was announced' today by Mr.' -.Wickersham, is what is goingto happen to all the trusts now operating in violation of the Sherman anti-trust law, as it is; interpreted by the U. S. supreme court. ... OFFICIAL'S HOME WILL BE IMPROVED The-- superintendent' ienfs residence 'ail ary. will he:Jiemte41 .T ' :. . v f'r

wrwr steam nereauer according to iiwe for .i on October 5. An in-

plans vt the board of commissioners. Advertisement will be run asking for bids on making plumbing connections and supplying radiators. The connections will be made to the heating plant which is already installed and by which the women's and men's wards are heated. In the superintendent's residence baseburner and stoves have been used to furnish heat.- The contract will be let to the lowest bidder on October 14. Arranged :

Great Interest is Being Taken

ses such as pushmobile accoutrements and accessories. A communication has been received from the members of the International Pushmobile association at Indianapolis saying that in all probaballty there would be several racers from that city to enter in the contest next week. The local International Pushmobile association will be organized in this city within a short time and all boys owning Palladium racers will be eligible to membership in the association. Following the organization, officers of the local chapter will be elected by the members,;

ALLEGED ILLEGAL MEDICALjRACTICE Is Charged Against Mrs. Almeda Trueblood Date for Trial Is Set.

Mrs. Almeda Trueblood, 20 Sonth Twelfth street, who was arrested on charges of practicing medicine without a license, preferred by Mrs. Mabel Smith, who alleges she received treatment, and by her husband, Henry Smith, will be tried on October 10, according to arrangements which were made by her counsel, Henry TJ. Johnson on Monday morning with prosecuting attorney Charles Ladd. D Upon her arrest Mrs; ,-Tiruelpoff' gave bond in the sum of $200, Qlarence E. Parks being named as surety.; According to the charge? GtHhe Estate, Mrtu SmiUn,was gives medicine and told no-:to! take it on May J3. Prosecuting Attorney Cftatles Ladd said that he had been informed by the Smiths, who live in the north end of the city that Mrs, Smith had received several treatments. It is said that the case will be tried on an indictment returned by the grand jury: It is probable that the state medical board will be interested in the prosecution by the retention of an attorney Upon the prosecution of Mrs. Lydia Hazlitt, on a similar charge, the state

board sent its attorney here to,ASisJiti4jarm. One of the bodies was of

prosecuting attorne; a- 5!i r-iZ"'-LiZ Attorney Johnson-had the Dubois dictmentyMp returned by the grand jury against Earl Dubois, formerly of Milton, charging him with the burglary of two stores at Milton last December. The case of the state against Raymond Knapp of Hagerstown, charging him with brutality by killing a dog belonging to Arch Hindman was set for trial on October 9. The case was appealed from the justice of the peace court, whore Knapp was found guilty and fined u. dollar and costs. DOCTOR SMITH TO DELIVER ADDRESS (Palladium Special) INDIANAPOLIS. Sept. 25. Dr. S. E. Smith, superintendent of the Eastern hospital for the insane, is to deliver one of the addresses at the twentieth annual conference of state charities and correction to be held in Indianapolis, Oct. 28. 2, 30 and 31. Dr. Smith has selected for his subject "Prevention of Insanity." He will speak on the opening night following the annual address of President U. G. Weatherly. professor of sociology, Indiana university. Others on the program for the same evening are the Rev. Owen Davies Od ell, member of the board of trustees, Indiana school for the blind and the Rev. Francis H. Gavisk, member of the board . of state charities, both of Indianapolis. -:

ARRESTS FOLLOW A BLAZE IN CHICAGO

Owners of Building, which Burned, Cremating Several, Are Suspected. (National News Association) CHICAGO," Sept. 25. Five charred bodies were recovered and seven persons are reported missing following a fire which destroyed a four-story tenement, 1335. South Sagamon street, this morning. , Dozens Were saved by firemen. ld4rtlfied dead are Harry Engleviteh, $ '.iwife andbaby, and Samuel AlphfiTt- ,,One woman weighing over 30;jjkuhda was carried from the upUprifJoor by her husband and four firejPffm. Owners of , the building, Harry Lasky and his brother-in-law, Samuel Goldstein, Were arrested, the police having found a letter from an insurance company refusing them more insurance. ' " Many escaped down fire-escapes and fainting women and children were carried to the street in the rain where they were forced to remain, almost nude. . All of ' the bodies were found in a narrow passageway leading to a ' flreescaVe in the rear of the building. It Is believed the dead, were trampled ifi a panic which followed the sounding mdentified woman, who was found grasping her dead baby in her arms. Both were bruised by the feet of those who escaped. , The fire started In the basement and mounted so quickly that escape from the upper stories was cut off within a few minutes. An alarm was sounded in the building and in a moment the hallways were choked with a struggling mass of humanity. Fire-escapes were crowded and women and children fell over one another in their fight to escape. A dozen policemeen forced their way into the building and helped drag the people to safety. . Twenty families occupied the building. All were foreigners. The cause of the fire is unknown. Loss, $35,000. k - . ... HOSTILE NATIVES KILL ENSIGN BELL (National News Association) MANILLA, Sept. 25. Ensign Bell was killed and several of the crew of the United States gunboat Pampanga wounded by hostile natives on the Bascilan island yesterday. TO GREENSFORK NEXT THURSDAY If you have not already signified your intention of going, telephone W. D. Loehr, Chairman.

. M. Hammond Is Named "Special Ambassador" to Wait on Officials and Make Known Demands of City. - DRASTIC ACTION TO FOLLOW A REFUSAL Tracks on National Road Must Be Placed in Center of Highway Before the Arrival of Winter. Further discussion bearing on the alleged violations" of franchise by the T. H. I. and E: traction company, by the board of public works this morning resulted in the decision of the board to authorize Homer M. Hammond, president of that body, to go, to Indianapolis tomorrow or Wednesday to confer with the traction officials. This decision was reached after it was stated that if the company did not fix its tracks in the middle of National avenue before the winter season that it would be impossible for funeral processions to get to Earlham cemetery as the road would be in an impassible condition. City officials expressed the belief that the company will do this work immediately in order to aid the city. If it is not done it is likely that steps will be taken to force the company to do so, as Mayor Zimmerman suggested that the city attorney look into this matter in connection with the possible revocation of the company's franchise. Attorney Gardner suggested in case the road is not placed in good condition that the city cars be forced to convey funerals mourners to the cemetery free. , . Robbins to Go Also. John Robbins, county attorney, will accompany Mr. Hammond to Indianapolis. Attorney Robbins is to confer jwith the -traction officials in regard Steps will also be taken to get- the company to remove the feed -wire, which is very dangerous, from the Main street bridge. Mr. Hammond will bring this matter before the officials of the company. Another matter to be taken up with the traction officials will be the negligence of the company in not repairing the joints in the rails properly. It is alleged that when the rails are repair ed loose dirt is thrown around the' joints and the dirt is not properly tamped. The local representatives of the company have been ordered to do this work and have been threatened with arrest for ignoring the orders. The company will be requested to repair brick streets within its right of way in the city. Now when repairs are made between the company's tracks all bricks are not replaced properly. The compkny will be ordered to remove cement from North E street, to remove the guy wire pole at Grant and Sheridan streets and to remove the old switch which is no longer used between Eighth and 'Ninth on North E street. Want Grade Changed. An attempt will be made to get the company to either change the grade on Main street from Second to the bridge or to make some arrangements with the Chesapeake and Ohio railroad company to raise the , railroad bridge. If the former is done it' will be necessary to also change the sewer inlets between Second and First street. It is doubtful if any satisfactory arrangement can be made in this matter. '"-'' The company will be asked to maintain the intersection of streets, between its tracks on macadam streets. In connection with this matter Attorney Gardner stated that it was his opinion that the company could be forced to pay for the macadamizing of the roadway between its tracks, just as it is compelled to pay the cost of bricking the roadway between its tracks. Whether this could be done is considered doubtful by some city officials, butt at any rate the city will attempt to force the company to do so. Pessimistic city officials say that according to the company's franchise the company is obliged to pay for their portion of permanent improvements only and macadamizing of streets is not considered a permanent improvement, they say. If the city is able to force the company to do -this, it will save a large sum of money annually. "If the traction company had a foreman to watch these things up it would save the city and itself a great deal of trouble, Attorney Gardner said. FINAL SETTLEMENT Final settlement report of the Dickinson Trust company, administrator of the estate of the late Priscilla E. Thomas, has been filed in the Wayne circuit court. The total charges were 11.397.09. and the amount distributed. : $178.69. D. R. Henshawy executor of the estate of the late Caroline ; M. ! Henshaw has filed final report show- ; ing the value of the estate to hare i been IS60 and the amount distributed. $520.06.

H

WARM GREETING TO

I Local Business Men Planning to Show "Tradesmen" a Good Time. Before night all of the more important plans for the reception to be tendered the Indianapolis tfade Association members who will be the guests of the local commercial organizations Wednesday evening, will have been completed. A. J. Spekenhier, the general chairman, on Monday was In Indianapolis in conference with secretary Snyder of the association and ascertaining the plans of the visitors, and the places they will have on the program. Secretaries of the Young Business Club and the Commercial Club on Monday sent out notification cards to the members of the respective organizations, asking their co-operation and urging that each member meet at the Westcott hotel Wednesday evening in time to march to the Pennsylvania station to receive the visitors. Business men and others interested in commercial matters, if not members of either of the two clubs are also invited to take part. An Impressive Head. The committees are planning to make Richmond's welcome more impressive than that tendered any other city, which the trade association has I visited. The better the impression Richmond creates on "the tradesmen, the greater will be benefits derived as a result of the visit of the capital citymen. Those who are in charge feel that inasmuch as Richmond stands to gain as much if not more than the Indianapolis men it is to the interest of the business men here to turn out in full force. The notices will inform the members of the commercial organizations to be at the hotel at 5:3d o'clock as?by the time they are assembled and have marched to the depot, the special train from Portland will have arrived. After a short period of greeting at the depot the Indianapolis tradesmen will assemble behind the Indianapolis Newsboys' band and march with the Richmond delegation, which will be accompanied by the Richmond City band to Tenth and Main streets, thence to Eighth street and west to the Young Men's Christian association building, where the banquet will be served. . The banquet will be prepared by the Ladies Auxiliary of the association and it is promised it will be the best feast of the kind ever served by that organization. Before 8 o'clock the program of toasts will be started. The visitors leave at 9:30 o'clock for Indianapolis in order that the youthful band members will get home in time to go to school next day. The toastmaster of the evening will be attorney W. H. Kelley. Charles Bookwalter, who will head the visiting aggregation, will deliver an address for the visitors. But otherwise the program of the visitors is not known. Mr. Spekenhier will report on this on Tuesday, if it has been arranged. Several well known after dinner speakers of the city will combine to give welcome and discuss commercial propositions of interest. They will include E". G. Hill, Indiana's most prominent florist, S. E. Swayne, president of the Commercial Club, R, G. Leeds, Lee B. Nusbaum, Mayor W. W .Zimmerman and J. B. Godron, editorial writer for the Indianapolis Sun. ASKS ENROLLMENT IN BIBLE CLASSES Boys Secretary H. A. Pettijohn, of the Richmond Y. M. C. A has just sent out circular letters to all the youthful members of the local association, asking that they enroll before the second of October in one of the many Bible classes he is planning to' conduct. He has planned several special activities for the Bible class students, and promises that they will get their full reward for entering. , The work of the winter will be started with a banquet on the eleventh of October, at which time diplomas won last year will be awarded. Some speaker of unusual ability has been secured for the occasion, but Mr. Pettijohn does not care to announce his name until later. FARMERS REPORTED HENNERIES RAIDED W. P. Krom and W. C. Rich, living a short distance north-west of the city, reported to Wayne township trustee James Howarth that their henneries had been raided by dogs on Friday and Saturday. Mr. Krom's loss was four turkeys and that of Mr. Rich, five turkeys and two chickens. The dog is said to be a bull terrier, white, with the exception of a few blotches of black or brindle on his body. Although accompanied - by a shepherd dog which seems to , enjoy the fruits of the bull's " killings, is never "in at the death."

DIAAPOLS

MEN

GREAT BATTLESHIP

FRENCH

HARBOR

IS BLOWIIJO BITS Fire Originating from Short Circuit of Electric Wires Spread to the Ammunition Hold of Ship. FIVE DETONATIONS SPLIT UP THE SHIP Dead French Sailors Met" Their Fate at Their Posts, Fighting to ', the End to Check Spread of Flames. : , (National News Association) . TOULON. France, Sept. 25. In .tW most terrific naval battle in many, years, five hundred and sixty-eight' French sailors perished in a series of explosions which sank the battleship "Liberte" in the harbor here today., Forty others are wounded, half of them probably fatally. Fire, originating from a short circuit of electric wires, ignited the ammunition hold, causing three heavy and two lesser detonations, which broke the vessel in two. The dead perished at their posts, martyrs to discipline and duty, fighting the fire in & hopeless endeavor to save the warship. Many sailors on the decks of other warships in the harbor were injured by flying debris from the "Liberte." A hole was torn in the hull of the battleship "Republique" by flying pieces of steeL Tugs and other vessels desiring to go to the rescue of the "lAbte" i were restrained as an explosion following the Are appeared Inevitable. The "Liberte" was launched in 1907, costing nearly nine million dollars. The full complement of men and officers was 800. Many were rescued after being precipitated into the water and clinging to floating debris, with which the harbor was filled. Others mortally wounded, clung to wreckage until overcome and then sank to tbm bottom of the sea. 5 y A Desperate Fight. The work of fighting the advance of the stubborn fire was pushed desperately. Even officers took their turns st the hose nozzles, working side by sld with the men. - ; - The interior of the ship became a seething volcano as the first explosionand a volume of fire swept in all dM rections. Time and again the meh risk-; ed their lives, rushing through thej sheet of flame to carry projectiles j from the gun rooms. From the great i cannon, which had been loaded for the morning salutes were hastily unloaded" ed; '.".::': About an hour later two terrific de- X tonations followed each other In quick I succession. The vast man of war; apparently rose clean out of the water and her great steel plates fell away like flames. There was a mighty cataract of water as the ship broke and the great steel hull fell apart. r "Almost instantaneously the 'two halves sank beneath the water leaving the surface of the bay bollinglike a cauldron. The Water was dotted aitn wreckage of ev?ry description. Hundreds of men could be seen climbing to the-debris. ' ' " ' Shook Entire City. Some of the sailors who had been mortally wounded- in the -, explosions clung desperately to the wreckage until their strength gave out and they, sank to the bottom. The, first explosion shook the city and thousands of persons gathered upon the harbor front. Knowing the great danger of venturing near the great warship tugs and other vessels which would willingly have gone' to the assistance of tb man-of-war were held at bay. ' . ,z j Standing aloof the crews of the waiting fleet could see the sailors on board the Liberto working with the frenzy of desperation to quench the deTouring flames. They could see smoke pouring up through the superstructure of the blackened craft. A naval battle could not have furnished a more spectacular field for bravery. Officers and crew risked their lives in trying . to save the warship from annihilation. The force of the explosion had wrecked many of the stand pipes through which the fire department force had to depend on for their. hvater supply. Notwithstanding this handicap, the crew brought into use every available means of fighting the onrush of the blaze and never gave np hope, y. r.-v" -.; "y The pearl gray wall sides of the big engine of war were blackened by the first explosion and the .plates were riven by the initial shock. 3 THE WEATHER STATE AND " LOCAL Showers tonight; Tuesday, cooler, -. , - - , -