Saturday Evening Mail, Volume 21, Number 44, Terre Haute, Vigo County, 25 April 1891 — Page 4

THE MAIL,

A PAPER FOR THE PEOPLE.

HOB8CKIPTIOH PKICK, *2.00 A YKAJB.

E. P. VVESTFALL, PUBLISHER.

PUBLICATION

omcm,

NOB. 20 and 22 Sontb Fifth Street, Printing House Square.

TERRE HAUTE, APRIL 25, 1891.

EX-SPEAKER REED waa in Rome this week, but he didn't make it howl, as he did the democratic minority in the last congress.

SOUTH CAROLINA will have four members of the next Congress, each of whom has killed his man. That kind of a reputation Las its value in some portions of this country.

THE grand jury is still, apparently, bard at work on the Italian killing in New Orleans. They are evideutly tryto convince the country at large that the only truly good Italians are the dead Italians.

AUHTRIA is unpleasantly surprised because this country wants to monopolize the South American trade. She will be more unpleasantly surprised when the United States does take it, which itcer tainly will in the near future.

DURING the president's absence in the west there has been considerable talk in republican political circles in the east While Harrison Taa» given the peoples clean administration the Blaise boom threatens to sweep all opposition from its path next year.

IT appears that when Mr. Langsdale sent in his resignation as president of the Soldiers' and Sailors' Monument Commission he had a string to it. At least be has withdrawn it at the request of friends, and as he has rendered valuable service in the position it is probably best thit he should remain.

DENVER announces the perfect cure of fifteen badcasos of consumption in that city from the use of Koch's lymph, and then dilates at length on the glorious climate of Colorado. Denver is evidently trying to resurrect its defunct boom on some other basis, but the Koch racket has become a littiq stale in this country

A COUNT of nosos in Ireland is said to have revealed the fact that Mr. Parnell is no longer in it. Out of 84 constituencies the ex-loader's opponents claim that he can only oarry nine. The indications are, however, that Parnell will continue the fight. His oourage is simular to that of the bull which undertook to fight the locomotive, and his end will be the same

KANSAS, or the Alliance portion of it, is going to send delegates to the third party convention in Cincinnati next month. They say they are ready to olasp bands with all who are willing to join the movement for the emancipation of the laboring classes, while the fellows who are running the Cincinnati show waut to olasp hands with anybody who can pull them out of the hole and into power.

IN the town elections in Illinois last Tuesday the republicans were generally successful. In Paris they elected they carried the day and voted to close the saloons. Casey had a similar experience, and they carried the day in Mattoon and Bloomlngton. It wasn't a very good day for Democratic votes, but In political parlance the result "has no political significance," If yon happen to be the under dog tn the fight.

AT the republican League meeting in Cincinnati this week ex-Governor Foraker referred to Mr. Blaine as having "given ua a magnificent administration," whereupon the Indianapolis Journal refers to him a "the erractic Foraker." As the remark brought down the house with terrific applause, and as the convention was evidently with him it is not at all probable that Mr. Foraker will be much affected by these side remarks.

Ct.xvKt.AND now trying to attach a string to that, anti-silver letter of his which got away from him some time ago, and which has caused so much damage to his prospects in the west. In an interview this week he can see how a contingency might arise which would justify the inflation of the silver currency, in which event he would favor it. The chanc** are, though, that if the contingency did arise he wouldn't know it even if it were placed face to face with him.

Now that the election of Hemptoad Washburn to be mayor of Chicago has been settled, his party organs hare found time to give him advioe, and very good advice it is. The last republican uaayor Chicago had closed all the gambling dona, and drove the gamblers to the woods. Mr. Washburn's attention has boon called to this fact, and he is admonished to do likewise. As that element worked hard to defeat him, the new mayor will probably hoed the advice,

LAST1 Sunday must have been afield day for the church®* in Washington* Justice Lamar, of the supreme court, addressed the Young Men's Christian Association, and Senator Peffter, of Kansas, talked temperance in one of the Oongrtigatienal churches. The latter got his idea of temperance while running an agricultural paper in Kansas, and in his close communion for many years with politics and poliUoiass it is presumed that Mr. L&mar loomed all about what Christianity is—not.

IF, as is predicted, the Farmer's Alliance takes res bam up as a presidential candidate there is no telling what may happen. His principal weakness before the last republican national convention was the belief that he could not carry the party strength among the farmers of the country. Prominent Alliance mea say that if the republicans nominate him the order will endorse him, and threaten to use him as their candidate in any event. The convention is yet more than a year off, and there is no telling what may happen in that time.

THE ovation tendered President Harrison on his trip through the south must not be construed in the light of a tribute to the man, but as a graceful tribute to the chief executive of a gieat nation. The president's speeches at the various places whero he stopped were all very fine, and in most cases appropriate, but they will have no political effect on the communities to whom they were delivered. At the next election in the south it will be found that the democrats still have their established majorities.

IMPROVE THE IMMIGRATION LAW. The last congress passed a law which was intended to check immigration of that kind which this country doesn't want. The law is good enough, but those charged with its execution find it impossible to enforce it in such a manner that it will accomplish the purpose for which it was Intended. The law requires that steamship companies who bring sick, pauper or criminal immigrants to this oountry must return them to the ports from whence they came. Any master, owner or consignee of a vessel who refuses to return suoh people is liable to a fine of *300, 'or each and every offense, and no vessel can have clearance papers against which a fine has been imposed and remains unpaid. But here is where the trouble comes in. A jury must render a verdict of guilty before a fine can be imposed, and the facilities offered te delay trials are so numerous that the country can te flooded with paupers and criminals before a trial can be reached, and when It is reached the witnesses hayeall longslnce disappeared. Of course congress can amend the law so that the penalty can be summarily enforced, but congress will not be In session again for eight months, and it looks very much as though the countries of Europe are going to make hay while the sunshines by dumping all the refuse they can on the American soil. The Italian trouble doesn't seem to have any effect on the emigration from that country, as there are more coming from Italy, now than ever before. The Huus and Poles ate also flocking over in great numbers, and in face of law and public sentiment against it the United States is receiving thousands of people for whom their mother countries have no Use, and who could be' well spared by the world at large. When congress does me.et it is to bo hoped that a law will be enacted which will effectually cover the case. The countries of Europe do not want their honest and able-bodied men to come hero, and it should be seen to that their paupers and criminals remain at home. _____

ODD FELLO TPS.

CELEBRATION OF THE SEVENTY-8EC OND ANNIVERSARY OF THE OPDER IN AMERICA.

To-morrow is the seventy-second anniversary of Odd Fellows In America, and the members of the order in this portion of the country are celebrating it in this city in a very appropriate manner to-day. The Indianapolis cantons, accompanied by a largo number of other members of the organization, are hero participating in the exercises. The Danville canton, with a band of music, came down on a special train, and specials also came In from Craw fords vi He and Vlncennes, while the steamer Janio Kae brought from the south the following lodges: Hutsonville, No. 106 Robinson, IU. Crawford, No. 124 York Star, No. 319, and West Union No. 771.

Ihe morning was devoted to the reoeptlon of visitors, Canton McSeen acting as escort with the reception committee. As fast as they arrived the dolegates wore taken to the Odd Fellows halls and the Knights Templar hall, the latter having been secured for the occasion, whore the Daughters of Rebekah served dinner to the visitors.

The parade, under the direction of P. G. J. T. H. Miller, marshal of the day, was a feature of the celebration. The column formed on Seventh and Main, and headed by the Ringgold band, took up the following line of march: North on Seventh to Chestnut, west to Sixth street, south to Mulberry, west to Third, south to Main, west to Second, south to Ohio, east to Ninth, north to Main and west to the opera house, where the following programme is being carried out:

James Hook, P. Q-, Rep. president of the ^^penJog ode by audienoe, accompanied by Rltunrold band.

Prayer by Rev. Bro. Isaac Dale, of Asbory M. K. church. Music by cholrof German Reformed ehurcfc

Address of weJoome,by Hon. Prank DanHon. nvta auroase, r. w- nw

Music by Rin*xo!d band. Oration of the day, by Wm. R. grand master, of Anderson, Ind. Sobjeet ^Friendship, LOTS and Troth-"

Music by choir German Reformed churcb. Doxolocy by audtanoe, accompanied by Benediction. The celebration will deoe to-night with a grand military ball in Ctermaa&a hall under the auspices of Canton Mo Keen, and in honor of the visiting cantons.

The anniversary will be celebrated in Indianapolis next Monday, and Canton McKeen will attend in a body.

New fresh goods tor spring at Foster's Osrpet *od Furniture House.

The Police

TERRE HAUTE SATURDAY EVENING MAUL

Judge McNutt Decides the Principal Featores Constitutional.

The metropolitan police bill reached a decision on it* constitutionality last Wednesday in the Superior court. A brief statement of the case wilLassist in understanding the decision. The title is Stat© of Indiana ex rel. H. M. Griswold •a Jacob C. Kolsem, Jaoob D. Early and James M. Sankey, board of metropolitan police commissioners for the city of Terre Haute. Proceedings in quo warranto. The action was brought by the city attorney to compel the police commissioners to show their right to exercise the offices they hold. A demurrer was filed to the complaint by the defendants, who state that it did not set forth facts sufficient to constitute a cause for action. The demurrer was overruled and the defendants were required to answer. The answer was filed, and sot forth that they were appointed by the state officers, were eligible to the offlceii, and that the law in question was authority for their appointment. To this answer the plaintiff demurred, on the ground that it did not state facts sufficient to constitute an answer to the complaint. This put the case in shape to test the constitutionality of the law, and the arguments were made and authorities submitted last week.

The judgment did not attract as much attention as was expected. When court convened Wednesday morning there were very few persons present outside' the bar. After hearing a few motions Judge McNutt, at 9:10 o'clock, commenced reading his decision, which occupied 40 minutes, contains about 5,300 words, and makes five columns of solid reading matter. It holds the principal features of the law constitutional, and unconstitutional that portion of it which requires five years residence in the city before any person can become eligible to serve as police commissioner. The olause making the law apply to cities having a school enumeration of 14,000, according to the census of 1890, was held good, although the court expressed himself very strongly sgainstany such mode of legislation. The argument of the plaintiff that the act was special legislation was not sustained, because at the time of its passage the law applied to several cities in the state, though'subsequent legislation had remcTVed two of them from its provisions, and because the question of special or general legislation is one to be determined by the legislature, and not by the courts. Section 22 of article 4 of the constitution forbids local or special legislation on any of seventeen subjects therein enumerated, and the question in point is not one of them.

In regard to the residence olause of the law Judge McNutt said: The provision of the constitution, *%hl the court says this clause violates is as fpllO^VS* "if "The General Assembly shall not grant to any 'citizen or class of citizens privileges or immunities which, upon the Bame terms, shall not equally belong to all citizens."

We need not stop to debate this question this adjudication of the precise question presented here is conclusive upon this court and must be obeyed.

It Is not even necessary to determine at this point whether the entire law must therefore fall though such does not necessarily follow.

But I am bound to presume, I think, or at least I have been unable to persuade myself to any other vleijr, that the State officers in appointing defendants, were governed in their selection of them by the terms of this

,ppl!cants lor such appoln

And that being taken as conclusively true, as I think It must, the titles of defendants are vitiated. If the very clause authorizing the appointments prescribes a qualification which violates the constitution, ft is difficult, nay, impossible to see how the titles of ihe appointees can be upheld. The only other view that suggests itself is that the court might presume that the state officers disregarded the unconstitutional clause and appointed these gentlemen without reference to it. I do not think the view tenable. And if adopted would lead to complications too serious to contemplate and dangerous to be Invited.

If the court, having held this clause invalid but the remainder of the law valid, Bbould simply hold these appointments a thi nullity, and the proper officers should thereafter proceed then, no doub

after proceed to make other appointments, then, no doubt, the presumption would be equally conclusive that such appointments were made without reference to this residence qualification and that they had been made precisely aa If It had nevei been part of he a

The decision concludes: I, Another provision of this statute, that the police shall eo equally divided between the two leading political parties In this city, has been quite as explicit as the residence clarse, —and for the same reason—held unconstitutional, but as that question is not directly or necessarily before me now—as its unconstitutionality would not probably vitiate the whole law—1 shall not remark further upon it. But for the reason given I must hold taat the appof ntment of defendants Is invalid and that the demurrer to the answer should be sustained.

The case came up again Thursday morning, when the defense filed their answer to the second paragraph of the complaint aa follows:

Come now the said defendants and for further answer to plainMflPs complaint say that heretofore to wit, on the 13th day of March, 1801, they wen duly and legally appointed a Board of Metropolitan police commissioners for the city of Terr* Haute, and that they were so appointed such board of Metropolitan police commissioners by the Secretary, Treasurer and Audltorof the state of Indiana, that at said time each of them was and they all now are eiegible to their respective offices as membmrs of such board that thereafter lowit, ou the 14th day of March. 1»1, they and each of them duly nnd legally qualified as such officers that thereafter and ever since they have been acting as such board of Metpoittan polios commissioners and are now acting in such capacity, and that they did the acts coaaplained of in plalntUI* complaint as such board of metropolitan police in no other capacity

commissioners and whatever. The defendants are.* that the appointing power to-wit, said Secretary, Treasurer aau Auditor of state, who as aforesaid appointed them aboard of metropolitan police commissioners did so because said defendants were and each of Utem was at that time eligible as such officers and tn so making the saia appointments did not take lnio consld•ration and in fact disregarded that part portion and provision of the acts of the general amembiy of the state of Indiana which requires that membem of the board of metropolitan police commissioner* snail have resided In the city wttere they are to act as members of socn board at least five yean next preceding their appointment.

Wherefore by reason of the premises aforesaid Uie said defendants pray lodgement for costs.

JCXP, McNtrrr, LAXa, HAMILL, Attorneys for defendants. To this the plaintiff filed the following/ desnnrrer:

The plaintiff now flies additional deva

does not state facts sufficient to constitute a good cause of defense to plaintiffs complaint. STIMSON & STIMSON,

Attorneys for plaintiff.

Judge Jump is absent from the city, and the arguments will not be heard until his return, which will be some time next week.

REPUBLICAN CONVENTION. Maj or—Charles A* Liowry. Treasurer—W. W. Hauck. Clerk—Charles H. Goodwin. Marshal—William Prindlvllle. Tho republicans of this city held their nominating convention in the Cirouit court Saturday night. The attendance was large, and the proceedings were marked with enthusiasm throughout. City Chairman J. Q. Button called the convention to order, and S. M. Huston was unanimously eleoted chairman. On taking the chair Mr. Huston made a neat speech which was loudly applauded.

A. C. Duddleston was elected secretary, with the representatives of the Express, News and Journal as assistants.

The nominations for mayor were Charles A. liowry, C. B. King, L. F. Perdue, and Capt. J. W. Haley. The third ward inquired if Mayor Danaldson was a candidate before the convention, and the mayor arose and said:

I am not before this convention, because I realize that there are persons in the party who are opposed to me making the race and I consider the party greater than any man in it. The Republican party seldom makes a mistake ana, when it does, the mistake is the exception. I wish to say now, before the nominee of this convention is named, that I am for the nominee who shall be named by this convention from the moment of his nomination until every ballot Is cast on May 5, and will do my utmost to secure his election, nor am I announcing myself as an independent candidate for mayor in the event of any individual's nomination. [Cheers and continued applause.]

This brought Prof. Waldo, who had nominated C. B. King, to his feet, who said:,

The Insinuation has been, made that some one Candidate whose name has been proposed will be an Independent candidate In theevent that certain nominations shall be made, and 1 wish to say that, so far as concerns the man whom I placed before the convention, be will not be an independent candidate regardless of who may be nominated and will support the nominee with a whole soul and his whole strength.

A ballot was then taken, which resulted in the nomination of C. A. Lowry by the following vote: Lowry, 23 Haley, 13 King, 4 Perdue, 2.

For city treasurer W. W. Hauck had no opposition, and under instructions from the delegates the secretary cast the 42 votes of the convention for him.

Charles H. Goodwin and Patrick Carroll were nominated for clerk. Goodwin was declared the choice of the convention by a vote of 35 to 7 for his opponent.

The names placed before the convention for marshal were: William Prindiville, Morton E. Lev/is, A. J. Thompson, Wm. J. McNutt and Edward Walker. Prindlvllle was nominated on the first ballot by the following vote: Prindiville, 26 Lewis, 6 Thompson, 2 Walker, 3 MoNutt, 5.

Being called upon for a speech Mr. Lowry came forward and thanked the conveutlon for the honor conferred Upon him and closed by saying that the belief of the party which he represents is the enforcement of the laws to the end that good order be maintained, and a clean, business-like administration of the city's affairs.

Charles A. Lowry, the nominee for mayor, waa born in Vermillion county in 1860. Both of his parents died before he was four years old, and he was raised on a farm until he was 17, when he entered Wabash college, atCrawfordsville, and devoted three years to the study of chemistry. After leaving college he opened a drug store in Eugene, Vermillion county, and about the same time took an interest in the wholesale drug house of Groves A Lowry, corner of Idain and Third streets, the business here being conducted by his partner. Later Mr. Lowry moved to this city, and on the death of his partner became a member of the firm which owned the E, H. Bindley store. Afterwards he formed a partnership with Cook A jdell, the firm being known as Cook, Bell Lowry, one of the most successful drug houses in Indiana. He is married, is a member et the masonic fraternity, a substantial citizen, and one of the most energetic business men tho city has.

Wesley W. Hauck, the nominee for treasurer, was born in Clay county, is 82 years old and haa resided here since he reached the age of five years. Two years ago he defeated James Fitzpatrick by 69 votes. He is a graduate of the Commercial college, in which institution he was for a number of years a teacher. Later he was bookkeeper for H. Robinson A Sons for five years, being with them when he made the race for treasurer. He is one of the moot accomplished accountants in the city, nnd h|| reoord as treasurer could not be excelled.

Charlee H. Goodwin, candidate for clerk, is so well and favorably known in Itorre Haute that a sketch of him is hardly neoeesary. Ho waa born in Sugar Creek township, Mid haa resided here since 1866 (in which year be was a very small bey). Charley has been a printer all his life, and haa worked in nearly every office in town. He is one of the meet popular young men in town, and his party made a wise selection in his nomination.

William Prindlvllle, the nominee for marshal, is an Irishman, and Is 50 years eld. He came to this oountry in 1865, and has been a resident of this city sinoe 1873. He was a member of the police force during Mayor Armstrong's administration. He Is employed at the Vandalia boiler shops, where he has worked for 16 yoanh,

100 styles beautiful Ingrain Garpeta at Foster's Carpet House.

STOVE WOOD.

$1 per load delivered. Leave orders at Tool Works or telephone

number 230.

Attend Our

LAOE

CURTAIN

SALE

Monday

Special Prices for all Next Week.

••IBS

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FROM

$1

PARASOL

SEASON.

Hoberg, Root & Co.,

Elegant collection of Dressy Lace Wraps now open. Novelties not to be sees elsewhere

Don't Forget Our

Wash Goods Dept.

The largest line of 5, 8,10,12$, 16,19 and 25c Wash Dress Materials in the State.

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in HOSIERY and UNDERWEAR, CORSETS, LACES and KID GLOVES.

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518 & 520 Wabash Avenue-

50 dozen Silk

Choice 15c, for next week, at heimer's Fancy Goods Bazar, Fourth Street.

qpHAT PARASOLS are becoming very much in favor again in New York, Boston and the larger cities? It is certainly a pleasure for U9 to announce this, for how much handsomer and more elegant a lady appears in a dress with a corresponding sun shade. Sun Umbrellas for church and for calling have, to a certain extent, lost their popularity. The novelties this season in Parasols are very beautiful. Such styles as the "Tally Ho Club," "The Avondale," "The French Tub," are among the latest The Buffed Black and Colored Net and Lace Effects with handsome handles are decidedly Frenchy and correct in style for Lace, Grenadine and India Silk Dresses.

Are, as you all know, "The Promoters of Fashion." Correct styles are sure to be found on our counters, and this season has been no ex-^ ception, for alovslier line of Novelties and Foreign Dress. Stuffs was4never shown in this State.

,n irhpro

and no doubt save a great deal of trouble. $3.00, $3.55 and $6.50.

Commencing Monday, April 27,

Prices

REDUCTIONS.

We will, in order to reduce our stock of Imported Pattern Suits, offer some decided reductions

in.

our Dress Goods Dept. d?or instance, you can take your choioe of all our 68c Scotch Homespun Diagonals and Plaidslit 50c yard. These are "among tiie most fashionable fabrics iD our.Slore.

At Even $10.00

We will show you Paria Suit Patterns marked down from $12,' 113, $14 and $15. Monday's price? .even $10. -v,.

JACKETS, REEFEM 4^ 4 BLAZERS, CAPES,

MARKED AWAY DOWN.

Jackets $2, $2.89, $3 48 and $4.88, Jh former prices $3, $4, $5 and $6. f:Capes $4.89, $5.50, $6.38, $8.90, former prices $6.50, $7, $8 and $12.

Clay Diagonal and Corkscrew Coats and Jackets at Reduced Prices.

If yon want a Spring jacket or Cape don't Fail to visit our Cloak Depl Every garment must be sold.

The DerbyWaists

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In connection with these we offer 25 doz. Percale Shirt Waists at 39c, 50 doz. Extra Fine Percale Waits at 50c, better at 75c, 89c, $1, $125, $1.50 upwards.

Remember our beautiful line of Figured India Silks of which we show about 100 styles in all the fashionable colorings and black grounds price $1 per yard. Please call and see them.

FechSouth