Richmond Palladium (Daily), Volume 40, Number 137, 22 May 1915 — Page 1

WM. VOL, XU NO. 137 SS,nn'Telerrm RICHMOND, INDn SATURDAY EVENING, MAY 22, 1915. SINGLE COPY, 2 CENTS

RICMMOOT)

PA1XAIDI

FOULKE WANTS MORTON STATUE IN LOCAL PARK Urges Historical Society to Arrange Permanent Work of Tribute to Great War Governor.

SUGGESTS ACTIVITY Many Significant Events in History of State and Nation Remain Without Notice. Paying patriotic tribute to Oliver P. Morton and classifying him as "the greatest of great war governors," William Dudley Foulke in addressing the Wayne County Historical society in the Morrisson-Reeves library this afternoon pleaded for the erection of a permanent statue of the Indiana celebrity. He suggested the project once advocated by the Sons of Veterans be placed before the county council or county commissioners. Morton Lake park or Glen Miller park, he thought, the logical place for the statue. i Mr. Foulke said there was no section in Indiana more pregnant with historic memories than Wayne county. Pleads for Statue. He suggested in addition to the erection of Morton's statue, the Wayne County Historical association should take up the matter of placing tablets in memory of these events under the stimulus of the state centennial in 1916. A committee should be appointed to raise the necessary funds and have it done through private enterprise and subscription if the county commissioners declined to take action, he thought. "It is eminently fitting," said Mr. Foulke in part "that our county should do peculiar honor to the name of Oliver P. Morton and we ought to have a memorial of him that will last. "The plaster cast now in the court house which was the original from which the Niehaus statue in Washington was made will crumble away in time. Severe criticism has been made of, its artistic character. "Indiana has had her epic period, when under the leadership of her greatest of great war governora she performed efficient service . in breaking the forces of disunion. "Here it was in Salisbury, a little town to the west of us, our former county 6eat, that Oliver P. Morton was born. It was in Centerville that he lived before he became governor and it was over the Wayne circuit court in that town that he presided as judge. Here it was, in our own city that he Continued On Page Five. FIFTY BRITISH SOLDIERS DIE IN RAIL CRASH CARLISLE, May 22. Fifty soldiers were killed and more than three hundred were injured, seventy of them seriously when a troop train crashed head on into a passenger train on the railway line between Carlisle and New Castle today. Thewrecked train caught fire after the collision and many were burned to death. Railroad officials admitted this afternoon that more tha one hundred persons may have been injured. The collision was due to a heavy foR. The twelve cars were completely smashed. Physicians and nurses were sent from Carlisle and New Castle to care for the injured, who were taken by special trains to hospitals in both Cities. Thirty-five dead soldiers and civilian passengers were taken from the wreckage after three hours work, and Seventy seriously injured were taken !o hospitals. Several of the wreck victims were oadly burned when flames broke out, but the fire was finally extinguished and the rescue work continued. YOUTH ASSAULTS AMBASSADOR OF ITALY IN BERLIN BERLIN, May 22. Signor Bollati, he Italian ambassador to Germany, aas assaulted on the street last night y a German boy. The ambassador's i6sailant was immediately arrested and Chancellor von Bethmann-Holl-weg sent his personal adjutant to the smbassy to express sincere regret for the incident. The chancellor's action was followed today by Herr von Jagow, foreign secretary, who sent a written apology !o Ambassador Bollati. The German tress deprecates the attack upon the Italian envoy, calling upo nthe people to refrain from any demonstration and idvlsing calmness. The boy was immediately seized by one of the policemen who have been kept on duty at the embassy and hurried away to a cell. The ambassador continued his ride and upon his return lent a message to headquarters requesting that his assailant be gently lealt with because of bis youth.

SUBMARINE DESTROYS SHIP IN ATLANTIC

QUEENSTOWI. May 22. The British sailing snip Genhohn, a vessel of 1968 tons, has been torpedoed and sunk In the Atlantic, 16 miles off Fairhacen, Ireland, by a German submarine. .The crew was landed today. The Glenhohn was bound from Chili to Liverpool with a cargo of nitrate. The 37 members of her. crew were warned and given time to take to the small boats. The survivors including the captain's daughter rode ah night in the open boats. The only vessel they encountered was a small schooner which gave them food and a compass. LOCAL BIDDER FIGHTS ORDER FORJSPHALT Hipskind Declares Other Contractors Failed to Specify Exact Brand and Grade in Their Bids. With a substantial majority of North A street property owners having signed a petition to the board of works to award a contract for the paving of that street with Trinidad asphalt, the board will be obligated, if the petition is legal, to specify asphalt paving. Whether the board contracts for Trinidad or some variety of Mexican asphalt will depend upon the outcome of a lively contest, scheduled to be pulled off before the board Monday morning. Shows Lack of Power. John F. Hipskind, a Richmond contractor, who submitted a bid for the paving of North A street with the Aztec brand of Mexican asphalt, declares the board will have no authority to contract for Trinidad asphalt, the low bidder on which was the Andrews Paving company of Hamilton, O., a firm affiliated with the Barber interests, commonly known as the "asphalt trust." In the first place, he asserts, that he could not make a bid on Trinidad asphalt because the Barber people refused to quote a price on this material to him. Then he also asserts that the bids for Mexican asphalt submitted by the Andrews company and the Union Asphalt Construction company of Indianapolis, all lower than his, are illegal and cannot be considered -because neither company specified which of the various varieties of Mexican asphalt they were bidding upon. -He contends that it is important for the board to know this, and a requirement provided in the list of specifications, because some grades of Mexican asphalt are very inferior. States Specific Kind. Hipskind will also argue that the board must contract for a Mexican asphalt because the prices quoted on Mexican asphalt were lower than those quoted for Trinidad asphalt, in which i event, he will assert, the contract must be awarded to him as all other bids on Mexican asphalts have been rendered null and void for failure to comply with the specifications of the city engineer. Petitions for asphalt paving have been presented to North A street property owners by representatives of the Andrews company. These petitions instruct the board to contract for Trinidad asphalt. Hipskind declares he will .have experts before the board to prove that the Trinidad asphalt is undesirable and inferior to the Aztec brand of Mexican asphalt.

PATRONS OF WHITEWATER ASK FOR SUHR SCHOOL TO HELP TRAIN CHILDREN

Ambitious to have their children derive educational advantages to enable them to equal the mental status of American-born boys and girls, one hundred and fourteen people representing resident taxpayers living in Whitewater district in the north end of Richmond have petitioned the board of education to open Whitewater school during the summer months. The petitioners include immigrants from Italy, Hungary, colored people and some of the laboring American people of the city in that district. Louis Salzarulo, 1316 North G street, who circulated the petition, filed the paper with Superintendent Giles of the city school this morning. It will receive discussion and action at the next meeting of the members of the board. Children Need School. The reason advanced by the petitioners why they desire the school to remain open during the summer, is the fact that their children, through foreign birth, have lacked the" educational facilities possessed by the American children. The parents, for the most part belong to the laboring class of people and are unable to furnish home training or assist in any material way,- the progress of their children's education. The school, they say is the only medium through which their sons and daughters can obtain any knowledge to fit them for future life. They feel that since American-born children living in the better sections of Richmond are so far advanced in schooling, that the opening of Whitewater school during the coming season

NEW STANDARD SET BY CHORUS UNDERJLOANE High Musicians Attain High Degree of Perfection in Rendition of Handel's Oratorio "Messiah."

SOLOISTS ARE STRONG Tone Quality and Vigorous, Brilliant Execution Mark Masterly Production of Famous Hallelujah Chorus A height of musical perfection never before reached by local choral organizations was attained by the high school chorus of three hundred voices in the production of Handel's "The Messiah" last night at the Coliseum. Four professional soloists of unusual merit, and forty players from the high school orchestra appeared in conjunction with the chorus in this climax of the school music festival of 1915. Never before has a work of such magnitude been offered to a Richmond audience, and Prof. Ralph C. Sloane, by his splendidly sympathetic and thorously artistic conducting, presented the great oratorio in a masterful way to the large and atentive audience of more than three thousand persons listened until almost 11 o'clock, and applauded the performers enthusiastically. Soloists Prove Strong. The soloists were Mrs. Edna Strong Hatch, of Cleveland, soprano; Miss Rose Leader of Pittsburg, alto; Mr. Warren Whitney, of Cleveland, tenor, and Mr. John Dodd, of Cincinnati, baritone. The entire quartet was well balanced, and the various members exhibited individual talents well suited for oratoria work. Mrs. Hatch sang the soprano role in a clear lyric voice, and appeared to advantage in the air, "I Know That My Redeemer Liveth," singing the beautiful theme with melodic sweetness and fine interpretation. Miss Rose Leader, alto, is undoubtedly one of the finest oratorio soloists that has ever appeared in Richmond. Her voice is full and smooth and possesses a remarkable uniformity of tone throughout its extensive range. Her rendition of the difficult air, "He Was Continued OM.J?a,f .iMSslL.. PREBLE COUNTY JOINS OLD TRAILS MOVEMENT Preble county has enlisted in the movement to make the coming Fourth of July a day on which. the communities along the old National road will commemorate the historical association clinging to that thoroughfare. Last evening the Commercial club of Eaton, after hearing the proposed feature presented by Richmond boosters, enthusiastically accepted the invitation to participate, and appointed committees to organize the county. Eaton's early prosperity and that of Preble county is closely linked with the construction of the old trail, and its participation in the movement to have the government take- over the old road is particularly gratifying to the men who are backing the movement. Next week the towns not organized in Wayne county will be asked to join in the movement. will be only a just and fair opportun ity to afford their children. The taxpayers of the district are al most unanimous in desiring the school opened, although only a part of the north end of the city was covered by Mr. Salzarulo in obtaining names to th petition. He has discussed the matter with two or three members of the board and these were practically in favor of opening the school. The principal of Whitewater school, Mr. Ramsey, declared his belief that other children in the city whose foreign-born parents felt that they lacked education in view of their years, could also attend the school. Attitude of Board. Mr. Giles, Mr. Jordan and Dr. Johnston all stated their attitude in favor of the proposal if it did not entail the opening of any other school in the city. The combined facts that the north end district is so entirely different from any other section of the ciyt and that the foreign-born child is an element so distinctly in the majority and that these children are really in need of education, will convince the school board it is believed of the advisability of opening the school. Four .teachers will be needed and these will serve for two dollars a day each, it is figured. The aggregate amount of money which would have to be appropriated by the board under this arrangement for an additional ten weeks school course would be eighty dollars. The petitioners do not believe the members of the board will begrudge them this amount in view of the unusua.1 circumstances

INJUNCTION OVERRULED DV DECISION OF JUDGE WHICH GRANTS DEMURRER Holding that the city completed a contract for the purchase of the Light, Heat and Power company's electric plant by its action for condemnation proceedings, Judge Comstock handed down a decision in circuit court this afternoon refusing to grant the city's action for a permanent injunction against the company to prevent the erection of an addition to its plant and the installation of additional equipment. J udge Comstock's ruling on this case is also interpreted to mean that in his opinion the city, by filing condemnation proceedings with the state utilities commission for the purchase of Hhe electric plant of the Light, Heat & Power company has actually contracted to purchase the property, it only remaining for the commission to establish the purchase price. The ruling of Judge Comstock follows : "The statute which gives the right to a municipality to purchase a public service utility, the large part of whose property is within the .corporate limits of the municipality, provides that the Public Service Commission shall determine the value of the property to be purchased. The plaintiff in this case has already, in compliance with the provisions of that statute, taken the proper steps to have the Board consider the value of the property in question, and a near date has been fixed for the hearing of evidence. The statute gives to either party who may feel that the finding and judgment of the Commission is unjust, the right to prosecute an action in the Circuit or Superior Court, and thereafter appeal to the Supreme Court to set aside the order or any part thereof which may be made by the Commission with which the complaining party is dissatisfied. The value of the property for the purpose of purchase is its value at the time of the filing of the petition with the Public Service Commission. The Commission has every means of acquiring knowledge of the facts necessary to arrive at a correct estimate of the value of the property involved in this or any other like case properly brought before it. While the defendant will have the right to make such expenditures as are necessary to maintain the efficiency of the service it owes to its patrons until the hearing and order by the Public Service Commission, any expenditure beyond that, without reference to the motive which induces the outlay would not affect the value of the plant at the time its value should be fixed. Under the facts set up in the complaint, and the law, the matter should be left to the determination of the Public Service Commission. The Demurrer is sustained.

JURORS RETURN PROPER VERDICT FOR ROOSEVELT Foreman Somers States Find ing After Deliberation Lasting Forty Hours as Climax of Long Suit. DECISION IS ACCEPTED Colonel Expresses Joy Because "Truth and Righteousness Again Prevailed" T. R. Addresses Jurymen SYRACUSE, May 22. Theodore Roosevelt today won the $50,000 libel suit brought against him by William Barnes, the Albany county Republican leader. The jury after being out more tan forty hours came into court at I 10:07 o'clock. "What is your verdict, Mr. Foreman?" asked the clerk. "We find for the defendant," said Mr. Somers. The court, room was ImmoHlstslv in a buzz of excitement. The jury was ' nnllPd The first eleven mon coin 1 " " round for tne defendant. When the clerk reached Edward Burns, the Syra cuse motorman, the spectators held their breath. He was the man who yesterday declared himself for Barnes, after the request that the court costs be divided was declared illegal. "I find for the defendant," said Burns. Court Accepts Verdict. Justice Andrews then accepted the verdict for Colonel Roosevelt and thanked the jurors. Colonel Roosevelt shook hands with his counsel and with scores of Syracuse men and women who came to the rail. Just before the jury was called counsel for Barnes asked that a mistrial be ordered because of the public polling of the jury yesterday which declared they violated the secrecy of the jury room. Justice Andrews overruled the motion. Counsel for Barnes today moved that the verdict be set aside. "Motion is denied," said Justice Andrews, and the five weeks' $50,000 political law suit was confined to the limbo of history. Colonel Roosevelt thanked the jurors, saying he was glad "truth and righteousness again prevailed." In the corridors, in the elevators and on the streets the victor in this law suit received on ovation after another. His body guard fairly fought to get Roosevelt in his limousine. Barnes Hears Decision. Mr. Barnes was informed of the verdict by long distance telephone. His counsel made no comment and refused to say whether Barnes made any comment.. When Colonel Roosevelt was in the ante-room-he shook hands all around, paying marked attention to Edward Burns and Foreman Somers. He then squared off and said: Gentlemen of the jury, I thank you. This is a typical American verdict. I am more gratified than I am able to express. I am especially gratified because the verdict came from a jury of men of practically all political faiths. You gentlemen have placed me under obligation which I will never forget, and you have performed a service which you never in all your lives will feel cause to regret."

DEFENSE UNION MAKES PROTEST AGAINST U.S. BERLIN, May 22. The first demonstration against, the United States was held today under the auspices of the German Defense Union. Resolutions were adopted protesting against Americans supplying the allies with arms and ammunition. Counsellor Wagoner was cheered for three minutes when he made a bitter attack against the American policy. 'We must count America as our enemy. Her supplies of arms are onesided,' he declared. Resolutions were also adopted recommending that the imperial government demand forceable prevention of the export of war material from America and the exportation of such goods from Germany as the United States can get her until the United States stons shipments of arms. Reso

lutions pledging the Defense Union to support measures of mediation were rejected. CHICAGO CARS CRASH CHICAGO, May 22. More than fifty persons who were passengers on a antu i j .- i south side elevated train last night, were bedecked with court plaster and bandages or limping today as the result of a collision between two runaway cars of a Kenwood train and a loop train. Most of the injured were cut by flying glass or caught under the seats which were broken from their fastenings and piled upon some of the passengers.

300 CITIZENS ASK CITY TO DROP PURCHASE PLAN

Petitions addressed to the mayor, ! hoard of nnhlir. works and citv rnnncil and signed by about three hundred citizens requesting the rescinding of the resolution recently passed by council, authorizing the administrative officers to proceed with condemnation action before the state utilities commission for the purchase of the electric plant of the Richmond Light, Heat & Power company, were presented to the board today. Board Opposes Move. In reply to a question Mr. Bavis, president of the board, declared that' under no consideration would the j board advise council to comply with I the request of the petitioners. After j the petitions had been read they werei referred to the mayor's special citizens committee for consideration. There, it is anticipated, they will die as the city officials appear to be determined to proceed with the condemnation action; more determined than ever, in

FINANCIAL STATEMENT OF CITY LIGHT PLANT Light plant bonds outstanding $139,000 Light plant money on handSinking fund $33,020 General fund 45,000 78,020 Balance due $60,980

SEA OF LAVA FLOWS FROM MOUNT LASSEN

REDDING. Cal., May 22. That Mount Lassen, California's live volcano, is a dangerous crater, was the opinion expressed by observers today. Stirred by some mighty convulsion the volcano has been sending a river, of lava and mud down the. mountain side since Wednesday night. Several houses have been destroyed and much live stock has been killed. Fred Seaborn, a government forest ranger, was the Paul Revere of the latest eruption. He galloped from the town ot Hat Creek down through the valley, warning ranchers and their families in time for them to flee to higher ground and escape the flood of mud and lava. KING OF ITALY PUTS NAME TO WAR MEASURE Cabinet Has Full Power to Act and Country One Step Nearer Toward War Today. CROWDS CELEBRATE Anti-Teutonic Riots Increase Upon Receipt of News of Assault on Bollati in Berlin. ROME, May 22. The war bill is ar law. Italy is one step nearer hostilities. King Victor Emmanuel today signed the measure conferring upon the cabinet full power to act. Parliament has adjourned and the cabinet is supreme. The bill is as follows: "The government is authorized in case of war and during hostilities to make decisions with full authority of law in every respect required for the defense of the Btate, the guarantee of public order and economic national necessities. The provisions contained in Articles 243 to 251 of the military code continue in force. The government is authorized also to have recourse until December 31, 1915, to monthly provisional appropriations for balancing the budget. This law shall come into force the day it is passed." - Crowd Celebrate. Announcement that the king had signed the war bill was greeted with cheers by an enormous crowd gathered in the public square. A great procession immediately formed and then, headed by bands, the crowd marched to the department offices cheering for the king, the ministry and for the allies. Martial law has been declared throughout all northern Italy. Railway traffic and practically all telegraphic communication on the AustroItalian border is reported stopped. Traffic has been suspended on the Adriatic. Ambassadors Present. It was announced today at the German and Austrian embassies that Prince Von Buelow and Baron Macchio, respectively, German and Austrian ambassadors, were still in Rome. If this was the case, however, they were remaining in strict seclusion to avoid the crowds that continue to make war demonstrations in the streets from time to time. A report from the Italian embassy in Berlin that R. Bollati. the Italian ambassador to Germany had been attacked in front of the embassy, increased the anti-Teutonic feeling. This was not allayed to any extent by the news that the German foreign office had tendered a formal apology to Signor Bollati. Austrian submarines are very active off the Italian coa6t in the Adriatic. The master of the steamer Narsala, which has just put into port at Venice, reported that he had been stopped by an Austrian submarine, but was allowed to proceed after his cargo had been examined. fact, since City Attorney Bond has given his opinion that the city can withdraw its proceedings at any time within a period of 120 days after the commission has established the purchase valuation of the privately-owned plant. "Who is behind this movement which seeks to influence council to rescind the condemnation action resolution?" Mr. Bavis queried. "Who put up the money for the small army of men who carried these petitions about town for the purpose of securing signatures?" He then read a communication, the author of which he did not reveal, in which it was intimated that an organization which devotes its energy to fighting municipal ownership all over the country was responsible for the circulation of petitions asking the city to abandon its purpose of taking over the plant of the city's competitor in the local electric field.

CITY NOT HELD TO BUY PLANT, OPINES BOND Richmond Still Has Right to Abandon the Proceedings Without Consent of R. L H. & P. Company.

CITES AUTHORITIES Holds City Liable for Necessary Costs If it Abandons Proceedings to Acquire Light Plant. The full text of City Attorney Bond's opinion will be found on page 2, this issue. In a statement issued by City Attorney Bond today on the controversy which has arisen over the proposal of the city administration to purchase the electric plant of the Richmond Light, Heat & Power company, he says "the real question which seems to be agitating the public mind at this time may be stated: "Is the City irrevocably bound by the steps which it has already taken to acquire the property of the Power Company? Or stated in another way "Has the City already PURCHASED, and that nothing remains to be done except to fix the price which the City MUST pay?" Or in other words, "Has the City now, or in the future stage of this proceeding will it have the right to abandon the same?" After declaring that the city in filing its condemnation proceedings has merely exercised its right of eminent domain, Mr. Bond asserts: "That the city has the absolute and unqualified right to abandon the proceeding which it instituted herein I haven't the slightest doubt, and this opinion is supported by an unbroken line of numerous authorities, both in text books and by supreme courts.' Cites Legal Authorities. In giving his opinion that the city has the authority to withdraw its condemnation proceedings if it so desires the city attorney cites several court decisions in support of his contention. He also makes the following declaration: "A city can only contract in the manner provided by statute, and it would be an exceedingly bold assertion to say that a city can make, even if it should so endeavor, a valid and binding contract without the price, terms and conditions being known and without any appropriation having been made therefor, and in the absence of available funds to meet such contract. These propositions, it seems to me are so well settled as not to need the citation of any authorities." Three Opinions. Then the city attorney gives the three following opinions: First That the city has not yet purchased this plant. Second That the city has the right now to abandon this proceeding without the consent of the utility. Third That the city has the right within the time allowed by the commission, after the value of the plant is fixed and the terms and conditions named, to abandon this proceeding, but in such event it would be liable for the necessary costs. The matters relating to the acquisition Y this plant have not been acted upon nastily, as some seem to believe: every detail has been fully considered, and every proposition relating thereto minutely analyzed, and I feel certain that the results obtained are sufficient to convince any fair and competent mind of the wisdom of the course that the city has taken. Mr. Bond concludes his statement by declaring himself to be unalterably in favor of the city purchasing the electric plant of the Light, Heat & Power company. POLICEMAN KILLS BOY CHICAGO. Mav 25. Virhnla., irf. ley, 22. was shot and killed early today y t-oiiceman Jonn Curran, who was pursuing him. Finlev was a suspect following a hold-up near the cnion atocK yards. He broke and ran from his captor, and two shots fired in the air did not ston him a third shot killed him. Weather Forecast

FOR INDIANA Fair tonight and Sunday. Cooler in extreme south portion. Temperature. Noon 60 Yesterday. Maximum 79 Minimum .- 55 For Richmond Fair tonight and probably Sunday. General Conditions The storm of the past 36 hours is passing Into the Atlantic ocean. Generally fair weather prevails over the middle west. Another storm is developing over the Rocky mountains and will arrive here witbin a few days. W. E. Moore, Weather Forecaster.