Richmond Palladium (Daily), Volume 38, Number 257, 5 September 1913 — Page 2

THE RICHMOND PALLADIUM AND SUN-TELEGRAM, FRIDAY, SEPT. 5, 1913

PLAN TO FOIST VOTING MACHINES ON WAYNE COUNTY IS BLOCKED

WILL GET EXHIBITS

Request of West Main Street Merchants is Granted.

(Continued rrom Page One)

bear on their servants on the board of commissioners and on the county council, to prevent the passage of another appropriation. Or, if the people after a thorough investigation decide the voting machines are air right, then they can back up their county servants to the limit In demanding the passage if another appropriation." Robbins' Opinion. Mr. Leeds' action was taken as the result of the following legal opinion prepared by Attorney Byram C. Robbins: In my opinion the appropriation by the County Council is illegal. The law provides that before the Thursday following the first Monday in August of each year, the Board of County Commissioners shall prepare an itemized estimate of all expenditures to be made by the Board, or pursuant to its , order, during the year for any and all purposes whatever. That estimate is required to be presented to the Auditor on or before the Wednesday following the first Monday In August, and is to be kept on file subject to inspection by any tax payer from the time it is filed. The estimate is required to be presented to the County Council for proper appropriation, at its regular annual meeting on the first Tuesday after the first Monday in September. This item of $21,000 for voting machines was not included in this estimate submitted by the Board of Commissioners. Illegal Appropriation. The law provides that an appropriation may be made by the County . Council at its regular annual meeting for an item not contained in any estimate, but it must be made "by a three-fourths vote of the Council and not otherwise." This appropriation of $21000 was not made by a three-fourths vote. The County Council is composed of seven members. The records show that on each of the two days the Council met, September 2nd and 3rd, six members only were present. Five, only, voted for the appropriation, one did not vote at all, and one was absent. The votes of five did not constitute a three-fourths vote of the full membership, and the appropriation is, therefore, illegal. It cannot be, I think, successfully contended that the three-fourths vote refers only to three-fourths of the members present. It means three-fourths of the full membership. This is shown by the clear intent and the principle of the whole legislative act. The intent of the law was to have estimates made, filed, published and kept on file subject to inspection by tax payers before the appropriation Is made so knowledge may be had by the public of the proposed expenditures, and full opportunity given citizens for a hearing. Unless a proposed expenditure Is listed on this estimate and kept open to inspection in this manner, it cannot be made except by a three-fourths vote of the full membership of the Council. To hold the three-fourths vote refers only to three-fourths of the members present, is to nullify the whole law and make it meaningless. This would enable three-fourths of a bare quorum, or three members only, to pass such appropriations as they please without any estimates whatever. This is not what the law intended and is not what it means, else it would not have required estimates in the first place. This construction is further borne out and made evident by the fact that even in cases of great public emergencies necessitating an appropriation at a special meeting of the Council, the law provides in so many words, clearly and expressly that the appropriation shall be "passed by at least a two-thirds vote of all the members of the Council and not otherwise." Commissioners Inhibited. The Board of Commissioners are inhibited by statute from attempting to make any contract on behalf of the county for the payment of money out of the treasury unless such money has been appropriated for such purpose by the County Council. Since this appropriation is Illegal, any contract made by the Commissioners In pursuance of it would, therefore, be void. It follows, therefore, that every county officer and each member of the Board of County Commissioners who might issue or cause to be issued any warrant for the payment of money pursuant to such illegal appropriation and void contract, would be liable on his official bond. If the Commissioners let this contract pursuant to this illegal appropriation, an action can be brought to enjoin the Co 'ssioners, the County Auditor and the County Treasurer from issuing "--T'f-nriing any sum thereunder. Or should the Commissioners coi.- v Officers then refuse to issue warrants or to pay the money, t;o qu n rcuhl be raised by Mandamus Proceedings against the officers by the Voting Machine Company. BYRAM C. ROBBINS. Sept. 5, 1913.

The merchants at the west end of Main street complained to the executive committee of the Fall Festival that they feared they would get no benefit from the crowds which will visit the city during the Festival. They said that all the attractions have been placed at the east end of Main street, or on North A. They pointed out that the crowds would be drawn away from their business houses, and asked that the committee change the location of some of the shows. Complying with their request, the executive committee has taken steps to place the aeroplane on exhibition in the court house yard, and will also consider placing one of the tent shows on the Zwissler lot, east of the court house. Representatives of the west end merchants will appear before the county commissioners tomorrow morning and ask for space fifty feet square on which to exhibit the aeroplane. The contract which the Fall Festival committee has with the aviator, Oscar Brindley, provides that the machine shall be placed on exhibit in the business district, between the time of flights.

MAN

LOSES SPEECH!

TALKS WITH SIGNS Man Believed to be William Hart Paralyzed on N. E Street Today.

A man in a paralyzed condition was found at Ninth and North E streets at noon today and taken to the hospital in the city ambulance. The man lost his speech and is unable to tell his name although from 6igns he made the physicians believe he is William Hart. Hart was walking along E street when he suddenly sank to the ground. Several workmen passing tried to assist him and he made signs indicating that he could not walk. He v as taken to a hotel where he was kept until the patrol arrived. It is believed that he will soon be restored to his normal physical condition but he shows no indications of recovering his power of speech. The nature of the man's illness puzzled the physicians at first.

CONFIDENCE WOMAN A HORSE IS STOLEN

IS CHASED BLOCKS

HAW

Was Left Standing Opposite Carniavl Grounds.

! HOWARTH OPPOSES

BRAMKAMP PROPOSAL

Physicians who render medical aid to Wayne township residents must be

i authorized to do so by Trustee Ho-

warth. This statement was made today by the trustee in response to the

proposition to be submitted to the

county board of education by Dr. A. L. Bramkamp. The physician proposed that teachers and principals be permitted to authorize physicians to attend children, without funds, rather than wait until the township official could be notified.

DO YOU FEAR CONSUMPTION? No matter now chronic your cough or how severe your throat or lung ailment is, Dr. King's New Discovery will surely help you: it may save your life. Stillman Green, of Malichite, Col. writes: "Two doctors said I had consumption and could not live two years. I used Dr. King's New Discovery and am alive and well." Your money refunded if it fails to benefit you. The best home remedy for coughs, colds, throat and lung troubles. Price 50c and $1.00. Guaranteed by A. G. Luken & Co. (Advertisement)

Henry County Dislikes Machines

(Palladium Special) NEWCASTLE, Ind., Sept. 5 Henry county' experience with voting machines of the same type that the county commissioners of Wayne county contemplate purchasing at an outlay of $21,000, has not been satisfactory mainly because the mechanical voter does not provide a secret ballot. This was freely demonstrated in Newcastle at the last general election when an election official in a (Newcastle precinct kept a list of the men who voted straight and "mixed" tickets. His list was absolutely correct, as he knew the manner of voting by the length of ' time the voter remained behind the curtains of the machine and also by the number of clicks that were heard as the voter manipulated the complicated set of levers. The machines did not prove satisfactory, also, because in numerous instances the, voter, by the confusion of levers, did not cast his vote for the party that he desired to favor with his ballot. Republicans voted for the Prohibition ticket in many instances, and Progressives pulled the Socialist lever. Had the Australian ballot system been used the real intention and desire of the voters would have been registered. The Henry county machines also were defective and a mistake of sixty Votes was made in Stony Creek township in favor of the Republican nominee for coroner. The Democratic candidate contested the election and was declared elected. Voting machines have never been used in the local option elections in Newcastle and Henry township. They are too confusing, and consequently both the "drys" and the "wets" insisted upon the old system. By the introduction of the machines In the county the election expenses have been reduced, it would appear, because of the reduction of the number of precincts. However, when the cost of transporting machines to and from polling places and the cost of printing ballots are computed the saving is not great and the economy is false in that the machines have put the safety, secrecy and freedom of the ballot in Jeopardy. Under the statute ballots must be printed for every precinct, although voting machines are used. In April, 1912, the Henry county grand jury, in its final report to Judge Ed Jackson, took the county commissioners to task and condemned the voting machine purchase. It was declared to be a foolish expenditure of public money. The report was sent to the commissioners, but no action could be taken by them, although

since then no other machines have been purchased. It is generally admitted here that the first cost of the machines will be light as compared to the expenditures that will be necessary when the repairs are needed. The voting machine company has guaranteed the machines in use in Henry county for a period of five years, which is admitted to be the life of them. After that period the many parts in the machines will begin to break under the strain of use and repair bills will begin to roll in. Repairs, as the owner of any sort of a patented machine knows, are costly. Recent investigations made by the voting machine probe in Illinois show conclusively that machines are not proof from corruption. The rubber band trick, simple in the extreme, would not be noticed by the average voter and consequently by the corrupt use of the hand, he can be easily be buncoed out of his vote. In Henry county, because of the reduction of precincts, the number of voters in each precinct has naturally been increased. In order to provide an opportunity for each voter to exercise his right of suffrage the limit of one minute for voting has been placed. In sixty seconds a man must study the machine, pick out his ticket from the confusing maze of levers, pull them down and then work the main lever. Many men cannot accomplish the task in that brief period, and consequently many have not voted in Henry county since the introduction of the machines. In summing up Henry county's voting machine experience, it has been found that the machines are not fraud proof, not secret and are most confusing.

SMITH PARRY WILL BE GOOD MAN NOW

Smith Parry. 34, convicted of a charge of assault and battery with intent to commit a criminal assault upon his eight-year-old step-daughter, Eve-

I lyn Pharri8, was taken to the state ; prison at Michigan City this morning. I Parry entered a plea of guilty to j the charge against him last Wednesj day. He was taken to the institution : by Patrolman Vogelsong. He declared i his intentions of living a clean life at the prison, hoping that the minimum sentence of two years will be accord

ed him. Because of the nature of the charge on which he was convicted. Parry will be operated on after being admitted to the prison.

m City Statistics

Try one of Price's eqg frappes; they are delicious.

Marriage Licenses. Amos B. Coate, 25, railroader, city, and Charlotte James, 19, factory worker, city. John S. Hawley, 21, farmer, Abington township, and Florence E. Endsley, 30, Abington township. Deaths and Funerals. MARBLE Daniel P. Marble, 32, died at his home, 88 Fort Wayne avenue, at 12:30 this morning. The funeral will be held Sunday afternoon at 2:30 o'clock from the residence, the burial to be in the Lutheran cemetery. The deceased was a member of the Wayne lodge. No. 167, Loyal Order of Moose. He is survived by his widow, two sisters and two brothers. Friends may call any time after 12 o'clock Saturday. , .

A Pennsylvania railroad fireman recently was arrested for stealing whistles. He has a mania for them, and stole a dozen.

KOKOMO While trying to couple two cars on the Clover Leaf railroad, near Russiaville, yesterday evening, E. W. Volts, of Frankfort, was instantly killed when the cars came together, crushing his head. DELPHI Excited by the finding of what they believe to be gold on the Marian Briney farm, scores of farmers of this section have deserted their fields and are digging in the gravel beds. ANDERSON While waiting at the Pennsylvania station for a train to Frankfort, where he was expecting to attend a birthday dinner, William Merrick, 51 years old, was stricken with paralysis, causing the loss of the sight. CONNERSVILLE Four suspicious characters were placed In jail here, charged with holding up a C, H. & D. brakeman near liberty. The men boarded the pilot of an eastbound passenger train. They drew guns on the brakeman who ordered them off, but took to their heels when the baggagemaster fired several shots. They escaped on a westbound freight. .... ... . .., - ' y

Angry Housewives, Buncoed J Give Pursuit, Followed by Many Children.

Under the guise of the white robe of charity, a strange woman who gave as many as a dozen names, swindled a number of prominent residents on North and South Fifteenth and Fourteenth streets yesterday and today, but was finally chased from an east end neighborhood by six society women and fifteen children. The woman carried a basket on her arm and when she entered a house gave a fictitious name and then recited various stories of hard luck. She then lifted the cover of her basket and told that she was selling home made "rookies" for which she charged twenty-live cents per two dozen. She is believed to have collected about $15 in the two days she worked. The story mostly told by the woman was that she was a farmer's wife living three miles east of the city and that she was selling the cakes for a woman who had been deserted by her husband and left in destitute circumstances with three children. She said that several neighbors had arisen that morning at 3 o'clock in order to bake the cookies. She stated that the money would be given to the deserted woman so that she could take her family to Texas where she had relatives. After paying the woman a high price for her cookies, the residents found that the "cookies" were ginger snaps, which can be purchased at a grocery for about five cents a pound. A number o? te women who had been victimized mM the charitable one on the street and accused her of being a crook. She ran for several squares followed by the women and a number of children. On North Fourteenth street near C street, the woman dropped the basket and ran into a yard. The pursuers then stopped and examined the contents of the basket. It was found to contain more than a half bushel of stale ginger snaps.

A hers- and bucey standinc opposite the carnival grounds was etolo:. from Orla Roberts of .': Nor::, nenth, last nieht. The police have been unable to recover it. The horse was a small Mac mare with one white foot The bugsy is a new one equipped with ruVbcr tires As Mr. Roberts left th outfit only fifteen minutes, it is thought the tln tt took it immediately after the owner left. The police were immediately notified and descriptions were sent u surroundinu towns.

BE DEPORTED

CLLLET IN. COATICOOK. Sept. 5. Tt'e b.-anl of inquiries decificn orders tt "T.a be deported becaite he entered Canada bv s'eatth I'd fcccauc hr t undesirable alien cn account of havij teen jn inmate of an asylum for f.,e ears.

Western Reserve unlrsity. C!aland. is about to erect a eoMh in w medical college building.

. il'XClE Nine te.n of twenty-s: applicants have btin cranttii salooa ii censes TKRIiK IIAI TK -Fiv hundred at.d thnt babies compend lor the four prize offered at the baby show at th lair ground.

I1 r.liV'1 Hi M'Wl PB

Bargains for Saturday

HARPER CASE NOT UP THIS EVENING

The police commissioners will not Investigate the case of Patrolman Benjamin Harper at the regular monthly meeting tonight. Ed. Iliff, president of the board of commissioners, stated that the session tonight will be a very short one and only the routine matters will be discussed. He stated that he does not know when the Harper case will be aken up but inferred that It will not be investigated until further complaint against the patrolman is registered.

WHEN SHOPPING Stop in at Finney's for a cool beverage. Nothing more delightful than to rest at our cool fountain. Learn to eat your noon-day lunch at our place. FINNEY'S LUNCHEONETTE, 919 MAIN ST

We have very little Summer goods left, but what we have goes for next to nothing. Choice of up to $4.00 nDCCCCO i QO value Tub UllLOOLO ?X07 Choice of up to $6.00 riDCCOCC C?Q QQ value Foulard imLOOLO &QUO CFincsefJ8:00.va,uc DRESSES $5.98 SATURDAY ONLY: OIIITO C4 ft 50 XSm.r. SUITS 5li Choice of $6.00 values CIIDTC Q AQ in New Fall OIXllllo 0L0 Choice of $5.00 values QIIDTQ QQ in Shepherd Checked OlMRlO $O.VO Crepe Kimonos Silk Petticoats 95c $1.98 Middies Silk Hose 89c 23c

THEFM

H

I0H SHOP

"The Home of Bargains" 618 MAIN STREET. BETWEEN 6TH AND 7TH STS.

I C5

OPEN MONDAY, WEDNESDAY AND SATURDAY EVENINGS

THE STORE FOR ALL THE PEOPLE

5

ittfiifltlii Weefe

The Most Extraordinary Values are offered in Children's Apparel suitable for school wear. Boys' good serviceable school Suits, special Q" Qr price fj)Xi0 $5.00 Boys' Suits, knickerbocker, plain or Norfolk, tf9 Qr Special 7 O $6.50 Boys' Suits, pure wool serges or fancy greys and brown mixtures, in the lat- fT est Norfolk styles. . tp4:00 39c Boys' Waists, light or dark colors, well made, col- C-t lars attached, special.. 25c and 50c Boys' Caps, suitable

for school wear, one special lot

15c

Men's Clothing New fall styles, save from $5.00 to $10.00 on every suit purchased during this special. Men's strictly all wool Suits, threepiece models, $12.50, 7 and $15.00 values D DD Men's strictly all wool Suits, serges, greys and mixtures, values from $15.00 to $18.00, TQ nr special I J $20 and $25 Hand Tailored Suits, pure wool, latest styles, (gl r7T special n)XilO Men's good Work Pants, QPC sale price tOC WOMEN'S SKIRTS New Fall Skirts, all wool materials, serges, mixtures, black and colors $4.00 Skirts, special $2.95 $5.00 Skirts, special S3.45 $6.00 Skirts, special $3.95

The Home of the Beacon Shoe for Men The shoe with an absolute guarantee of satisfaction. The new fall line has just arrived. Every pair is clean and fresh $3.00, $3.50 and $4.00. Special reduction on women's, children's, misses and boys shoes.

Special Reductions in all Departments throughout the Store

Eighth and N. E

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7

Richmond, Ind.