Springfield weekly Republican. [volume], August 16, 1917, Page 11, Image 11

About Springfield weekly Republican. [volume] (Springfield, Mass.) 1851-1946

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OBITUARIES
DANA MALONE DEAD
ACCIDENT IS FATAL
CAREER OF USEFULNESS
Greenfield Lawyer Had Been State
Attorney-General and Had
Given Much Other Pub
lic Service
Dana Malone, 50, former attorney
general of Massachusetts, died at the
Franklin County hospital at Green
field Monday from injuries received
In a fall from his horse near West
Colrain Sunday. During the 24 hours
that he lived with a badly fractured
skull, Mr Malone did not recover con
sciousness. Death came at about 2.39
Monday, afternoon. No further de
tails of the fatal accident are avail
able, although a story from Colrain
yesterday to the effect that his
horse must have dragged him for a
lIL ~ y
DANA MALONE
considerable distance. Tt is also un
derstood that the horse is owned by
a Boston friend of Mr Malone and
was being ridden by him for the first
lime when the accident occurred.
Dana Malone was born in Arcade,
N. Y., on October 8, 1857. He went
to Greenfield when a boy and that
town had been his home for about 45
years. He received his early education
In the public schools of Greenfield and
later attended college, graduating from
the Harvard law school. In 1881 he
was admitted to the Franklin county
bar and had since been prominent in
his profession. For six years he was
a trial .justice in Franklin county-
In 1893 he first won his way Into
the Legislature, serving as clerk of
the judiciary, committee that year, in
1894 he was again sent to the Leg
islature, Serving as House chairman
of the judiciary committee and as a
member of the committee on rules.
In 1895 he was elected to the Senate,
and in that year he served as chair
man of the committee on probate and
chancery and as a member of the rules,
judiciary and mercantile affairs com
mittees. and on the committees on la
bor, rules and street railways. ' He
then retired from the Legislature and
soon after became a member of the
republican state committee, serving
with that body for many years.
For three years he was district
attorney for the Franklin-Hampshire
district. He also served on several
grade-crossing commissions, appointed
hv the supreme court. He served as
nttorney-general from 1906 to 1910. In
1908, he was married to Miss Mar
garet Bradford liobbins of Greenfield,
daughter of Dr and Mrs Francis Le-
Baron Robbins. Mrs Malone and
three young children, two girls and a
boy survive.
Mr Malone had long been prominent
In Greenfield. For years he was a
trustee of the Franklin savings in
stitution. Among his other business
and social connections, he was a direc
tor of the Greenfield gas light com
pany; president of the E. F. Reece
company; past master of Republican
lodge of Masona of Greenfield; past
commander of Connecticut valley com
mandery. Knights Templars of Green
field; a member of the Middlesex club,
the Massachusetts republican club.
Greenfield Masonic eiub. Greenfield
country club, member of the Green
field school committee. For 25 years
he was a vestryman at St James
Episcopal church.
In recent years he had conducted
law offices in Boston and Greenfield.
This year he was elected a delegate
at-large to the constitutional conven
tion Irom the Greenfield congressional
district. He is also survived by a
Ulster. Miss H. Malone of Brookline.
Attorney William H. Brooks of Hol
yoke paid this tribute Monday night
to Mr Malone, with whom he was on
the most intimate terms both pro
fessionally and socially:—
. “I have long known Mr Malone as
an honorable, industrious and aide
gentleman. He ably performed the
many duties he was called upon to
accomplish. So far as his profession
was concerned his work was dis
charged in the most conscieutious
manner. Mr Malone was always true
to both his client and the court."
"He was a gentleman, first and
foremost.” said Attorney A. L. Green
of Holyoke, when informed of his
friend's death Monday night. “Earnest
and sincere. Dana was ever loyal to
his clients and thorough in the per
formance of his duties. His straight
forward character was revered by
every lawyer and judge with whom
he was brought into contact."
DIES IN PETERSHAM
Benjamin W. Spooner Was Life-
Long Resident
Benjamin W. Spooner, SO, one of
Petersham's leading and lifelong resi
dents, died at his home on the old
Spooner farm last week ’Wednesday.
Mr Spooner sustained injuries a few
days ago when he was thrown oft his
horse rake. It was thought he was
getting along well, but his heart
weakened and his condition had boon
serious since Tuesday.
Towne of Petersham.
Mr Spooner, or "Ben" Spooner, as
he was well-known to a large circle
Of friends in the section, was born
Petersham, the son of Mr and Mrs
Stephen Spooner. His ancestors were
' among the early settlers. Mr Spooner
enlisted in Co F, 53d Massachusetts
regiment, and served several years in
the civil War. He was a member of
Parker post of Athol, and there was
no veteran in thia part of the state
who had attended so many Grand
Army reunions as Mr .Spooner.
He had been across to California
several times, as he had a son at
San Diego. He spent last wint ?r tn
California, and up to the time of his
accident was a vigorous New Eng
land farmer.
Mr Spooner was a life-long mem
ber of the grange, a speaker of force,
and prominent in the First Unitar t i
church. He had held many town
offices and took an active inter* st
in affairs, both state and town. He
was a life-long republican.
Mr Spooner married Miss Fannie
Grant of Westminster. vt„ who died
in 1904. He leaves one son, George,
of San Diego. Cal., four daughters.
Mrs Carrie Harris of Petersham. Miss
Mabel Spooner of Boston, Mrs Nelson
Tower of Pepperell and Mrs Edith
Towne of Petersham. The funeral
will probably be held Saturday after
noon.
SLAIN BY GERMAN U-BOAT
Thomas Gilmore’s Relatives in
West Spring-field Had Not Heard
From Him
.Lost to his family since last Christ
mas, the first news of .the where
abouts of Thomas Gilmore. 32. son of
Bryan Gilmore of 27 Globe street.
West Springfield, came last week
Wednesday in the announcement of his
death on the British steamship Bel
gian Prince, which was torpedoed by
a German submarine July 31. He
was one of the 38 men from the ship
who were on the deck of the U-boat
when it submerged.
Gilmore was in Washington. D. C..
last Christmas bn one of his annual
trips across the continent from Cali
fornia. and had promised his family
that he would visit them, but he did
not come. Why. the family does not
know, unless it was because the death
of his mother five years ago might
have made him feel that the home
was not the same as it used to be
when she was alive. He had not been
home for nine years.
He was born in West Springfield.
March 28, 1885. and attended the
grammar school there. After his
graduation at the age of 14 he worked
at the Massasoit house for four years,
where he was liked for his quiet in
dustribusness and pood habits. Then
he took a position as.traveling sales
man in southern California. He spent
much of his time in San Francisco,
Del Monte and Pasadena. Cal., but
with what company he worked his
family does not know-. He had inti
mate friends in Washington whom he
visited yearly.
Members of Gilmore’s family on His
mother’s side had followed- the sea.
and his uncle was killed when he fell
from the rigging of his ship to the
deck. His sister explained last night
that although her brother was ex
tremely reticent about his affairs she
did not believe he had ever felt the
‘‘sea fever." She felt that the dis
patch telling of his death must be
true, as there was no other Thomas
Gilmore In Merrick. Miss Gilmore
thought it possible that some friend
of her brother's might write to them
soon to tell them why he had left his
business th join the . crew of the Bel
gian Prince.,
Besides his father. Gilmore leaves
four sisters, the Misses Helen and
Catherine of West Springfield, Mrs
Mary NoOne of 161 Hastings street.
Springfield, and Mrs W. J. Newcomb
of Burlington, Vt„ and a brother, John
Gilmore.
According to the story told by the
three survivors who were rescued in
a patrol’boat, the Germans removed
the life belts and clothing from all
the crew except eight, smashed the
«
"M^
^mmhf
A*
^wj
THOMAS GILMORE
Drowned by U-Boat After Being Tak
en Off Belgian Prince
lifeboats, re-entered the submarine
and closed the hatches, leaving the
men on deck. After traveling on the
surface for several miles the I'-boat
submerged, drowning most of the
men on deck.
DEATH OE A. J. RICHARDS
Superintendent of American
Thread Mills Since 1909
Arthur J. Richards, superintendent
of No 2 and 3 mills of the American
thread company, Holyoke, died Sunday
morning st the Holyoke city hos
pital, where he was operated on for
intestinal trouble Saturday, the 11th.
Mr Richards had been ill at his home
for the past three months.
He had been employed as su
perintendent of the Merrick mills
since March 1. 1909, coming from the
Willimantic mills of Willimantic; Ct.,
where he had been assistant superin
tendent for 10 years.
Mr Richards was a member of the
Willimantic lodge of Knights Temp
lars and Eastern Star lodge No 44.
He w*as in his 60th year, being born
at Drnve-s, July 7. 1857, the sou of
Arthur J. Richards and Mary Ann
Dean.
During Mr Richards's eight-years’
service as superintendent for the
American thread company no labor
troubles arose. He was very progres
sive and introduced many useful im
provements and inventions, among
them the Richards-Hinds tube roll for
spinning frames, now being extensive
ly used throughout the country.
Mr Richards leaves nls widow, one
daughter. Mrs George A. Battersby
of Providence. R. 1., and two sons,
Arthur C. Richards and Earl L. Rich
ards, both of Holyoke.
t ..
GEORGE THOMAS ALLEN
Well-Known Ltidgemnn Dies After 15
Years as a Machinist in Smith A
Wesson Plant
George Thomas Allen died at his
home, 30 Middlesex street, Saturday
at noon. He was horn in Manchester,
Eng., May 5, 1861. Coming to thiu
THE SPRINGFIELD WEEKLY REPUBLICAN*. THURSDAY, AUGUST 16, 1917
country at the age of 10, he settle-rl |
with his folks In Waltham, entering
the employment of the Waltham watch
company In after years, following
which he removed to this city, where
he had since lived. He was employed
in the Smith & Wesson factory for
some 15 years up to the time of his
being obliged to cease active work
nearly two years ago on account of
his failing health.
He was a member of Hampden
lodge of Masons. Pynchon council,
Royal Arcanum. Lucy Webb Hayes
Rebekah lodge, Agawam encampment
and Bay Path lodge of Odd Fellows,
serving the latter lodge as its first
noble grand at its institution March
18. 1898. Being admitted to the grand
lodge the following year, he served
that body in several different capaci
ties on the suites of the district deputy
grand masters. Continuing nis inter
est In the lodge which he fathered, he
served it in the capacity of adviser
to the presiding officer for a number
of terms, and in 1910 was elected its
recording secretary, in which capacity
he served until the early part of the
year 11116, When he resigned the office
on account of his health.
His courteous treatment of the
members, h’s knowledge of the tech
nical points of the laws of the order
and his natural genial disposition made
him beloved by all. manifesting this
same interest in the order up to the
immediate time of his death. He is
survived by his widow, Bertha M. Al
len, and his mother.
Death of .Mrs Lucy A. Harris
Mrs Lucy A. Harris, 83. died sud
denly last week Wednesday morn
ing at her home in the Bush.
West Cummington. Mrs Harris was
the widow of Daniel Harris and had
lived at the old home with her son
and family since his death. She had
been in very poor health for soma
time, caused by blood poison in her
foot. Within a year she underwent
Bn operation at the North Adams hos
pital and was at the time relieved,
but recently the case became serious.
She was ready to go to Northampton
when she suddenly dropped dead in
her chair with heart failure. The fu
neral was held in the Congregational
church Thursday afternoon and was
largely attended. Rev Dr Lewis T.
Reed of Brooklyn. N. Y„ officiating.
Mrs Harris was a member of the Con
gregational church and an active
member of the ladies' benevolent so
ciety, the members of which sat in
a hn-1v at the funeral. She is sur
vived by one son, James Harris, and
two grandchildren and one great
grandchild. also one niece. Miss Aletha
springsteln.
Death of Mrs Katherine L. Simons
Many old friends will regret to hear
of the death from heart disease of
Mrs Katherine L. Simons. 83, which
occurred at the home of her daughter
and husband. Mr and Mrs Ernest
Owen of Chicago, last week Wednes
day. Katherine Leonard was born in
New Haven. Ct.. June 15. 1834. and
married Simeon Simons, of Long
meadow about 20 years later. Her
married life was spent in Longmead
ow, where her six children were born,
and where her cheerful ways and kind
heart won many friends. After Mr
Simons's death she was for a long
time the dearly beloved nurse in many
families. The last few years of her
life were spent with her youngest
daughter in Chicago. Mrs Simons left
one son. Milton, in the far West, and
five daughters. Alice, widow of Gil
bert Phelps, of Southern Pines, N. C.;
Gertrude of Jersey City, N. J.; Nel
lie. wife of Howard Brooks of Hol
yoke; Jennie, wife of Albert House
of Hayden Station. Ct., and Clara, wife
of Ernest Owen. The body Is to be
cremated, and may be brought to
Longmeadow for burial.
Death of Henry A. Bisbee
Btdnry A. Bisbee. 79, died at 3
o'clock Sunday afternoon at his
home in Williamsburg of Bright's
disease. He was born in Chesterfield.
| September 5. 1837. He enlisted in
Co I during the civil war and served
i 11 months, at the end of which period
I he returned to Williamsburg and en
| gaged in the meat business. For more
than half a century he was the vil
lage carpenter. Mr Bisbee was con
stable for 48 years and a deputy sheriff
36 years. He was a member of the
W. L. Baker Grand Army post anil
a member or the committee to ar
range the reunion of the 52d regiment,
I which will be held to-morrow. Mr Bis
i bee married Miss Sarah E. Wells in
1861. Surviving are his widow and
three sons, George H.. Frank L. and
Wells G.. all of Williamsburg, and
three daughters, Mrs A. E. Munson
of Williamsburg. Mrs F. W. Walters
of Springfield and Miss Nettie E. Bis
bee of Williamsburg.
Death of George Bernard
George Bernard, 74, for the past
40 years a well-known and respected
resident of Turners Falls, died at his
home last week Wednesday after a
short illness. He recently went on
an* automobile trip to Canada with his
son,’ Wilfred, and was taken ill on the
wav home. Physicians were called,
and after receiving treatment, he was
able to proceed on his journey, ar
riving home last Friday. Mr Ber
nard was a native of Athabaska. Can.
Since coming to Turners Falls he had
followed the trade of a mason. His
wife died several years ago. He is
survived by five sons. Peter of Miami,
Fla.. William of Millers Falls and
Eusebe of Greenfield. Frank of
Northampton and Wilfred of Turners
Falls, with whom he made his home.
He was a devoted member of St
Anne’s church.
Mrs Henrietta 8. Bemis
Mrs Henrietta S. Bemis, wife of
Hehry S. Bemis, died Friday after
noon at her home, 35 Elliot street
after a long illness. She had been in
bad health for several years. Two
years ago she suffered a slight shock
and early last • spring she suffered a
more serious shock after which sho
failed rapidly. Mrs Bemis was born
in Pittsfield; she attended the schools
there and completed her education
at Maplewood institute. She was mar
ried to Mr Bemis in 1873. She was
a member of the First Congregational
church with which she united in
1878. Besides her husband she leaves
one sister, Mrs M. Harriett Stroud;
one brother, James H. Kelly of Phila
delphia; one nephew. Robert C.
Cooley: three neices. Mrs Arthur A.
Adams. Mrs Frank A. Bemis and Mrs
Charles J. Staid.
Death of Mrs Emma Twitchell
Mrs Emma Twitchell, 58, wife of Ar
thur L. Twitchell, died at the home of
her daughter. Mrs L. B. Taylor of
Amherst Monday morning after
a long illness with cancer. Mrs
Twitchell was a native of Ohio, but
had lived in Athol nearly 20 years.
She was twice married, the first time
to William Swift and the second time
to Arthur Twitchell, who survives
her. She was the mother of nine chil
dren. all of whom are living. They
are N. E. Swift of Fitchburg. Richard
B. Swift of Bridgeport. Ct., Mrs
Charlotte McDonald of Boston, Mrs L.
B. Taylor of Athol. Arthur and Has
tings Twitchell of Athol and Misses
Olive. Sarah and Emma Twitchell, all
of Athol.
Death of Mrs Olive Jane Mead, 82
Mrs Olive Jane Mead. 82. widow of
Allean Mead, died at the Holyoke city
i hoepital Sunday after a few weeks’ ill
ness. Mrs Mead was born in New York
state and went to Willimansett eljrht
years ago from Gloversville. N. Y.,
where she had been a resident for 40
years. She was the daughter of John
and Florence Carman and was a de
scendant of the Pilgrims, being in the
sixth generation from the Mayflower.
She was a member of the Beulah Bap
tist church in Willimansett end of the
Robert O. Morris chapter of the East
ern Star. She leaves two sons. Dr
Frederick A. Mead of 982 Chicopee
street. Willimansett. with whom she
made her home, and Arthur B, Mead
of Caldwell. Idaho.
Death of Dr Lorenzo Walt Cole. <ls
Dr Lorenzo Wait Cole. 95. died a’,
his home in South Deerfield last
week Wednesday of bronchial
pneumonia. Dr Cole was born in Pitts
field December 19. 1851. and was the
son of Dr and Mrs Harvey Cole, lie
was educated in the Pittsfield schools
and in New York medical college. He
first practiced medicine in New York,
near Albany, and in 1887 moved s o
Spring field, where he was a practic
ing physician for some years. Ten
years ago he came to South Deerfieid.
Dr Cole was married in Guilderland.
N. Y.. to Miss Carrie Hammett of
Montpelier. Vt.. June 30. 1873. Mrs
Cole survives him.
Death.of Mrs Elizabeth Gove
Mrs Elizabeth Gove. 74. wife of 1
Frank Gove of Blackinton. died Fri
day morning at the North Adams
hospital following an operation which
she underwent last week. She was
born in North Ferrysburg. Vt. thu
daughter of Mr and Mrs Thomas
Johnson, and had lived in Blackinton
most of her life. She leaves her hu«-
band. two daughters. Mrs Frank
Chapple of North Adams and Miss
Lena Gove of Boston, two brothers,
Frank Johnson of New Haven, Ct.,
and Thomas Johnson of Dayton. 0.,
and one sister. Mrs Mattie Able of
Hoosiclj Falls. N. Y.
Death of Mrs Mary Burke
Mrs Mary Burke. 87, of Fast Wil
braham, died at the home of he? sister.
Mrs A. C. Smith in North Wilbraham
Monday after a long illness. Mrs Burke
was born in Belchertown and was the
widow of Edward Burke. Sh- leaves
three daughters. Mrs George C.
Flanders of Portland. Or.. Mrs Maria
Snow of Enfield and Mrs A. C. Smith
of East Wilbraham, with whom Mrs
Burke made her home. Mrs Burke
leaves two sous. William Burke of
Brin *3eld and Edward Burke of Pal
mer. She also leaves six grandchil
dren and eight great-grandchildren.
Death of Mrs Jane Ward Marsh
Mrs Jane Ward Marsh. 88, died
last week Wednesday at her home in
Amherst after a brief illness. She was
born In Somerset. Vt.. and was the
widow of Baxter Marsh, who died 11
years ago. She was married in 1852
and lived in Greenfield 21 years. Mr
and. Mrs Marsh came to Amherst in
1873. She was a member of the Bap
tist church. She is survived by a
daughter. Miss Caroline Marsh of Am
herst. and two grandsons. Clarence of
Melrose and Arthur B. Marsh of Wash
ington. D. C., sons of the late Edward
Marsh, professor in Amherst college.
Mrs Fannie Frost Hill
Mrs Fannie Frost Hill, wife of Wil
bur M. Hill, died last week Tues
day night at her home. 26
Pearl street. after an illness
of eight months. She was born
February -I. 1565. in South Berwick,
Me., the daughter of Alexander and
Melissa Harvey Frost. She lived in
Worcester for 25 years prior to com
ing to Springfield six years ago. Be
sides her husband, she leaves a son.
Claudian E. Hill of Wpodland. N. 11..
land a daughter, Mrs Helen Hill Burn
ham of this city.
Death of Junies Rutherford
James Rutherford. 86. died 1 ast,
week Wednesday at the home
of his daughter, Mrs Daniel Cook,
in Thompsonville. Mr Ruther
ford was born in reland. came
to Thompsonville when he was 16
years of age. and had been a farmer
in Thompsonville for almost 70 years.
He is survived by three sons. George.
James and William, and four daugh
ters, Mrs Henry Smith. Mrs Cora
Young. Mrs Arthur Peterson and Mrs
Cook, all of Thompsonville.
Death of Mrs Ruth 8. Adams
Mrs Rut h S. Adams. 81, formerly of
Hazardville. Ct., widow’ of Rev Henry
Adams, died Friday morning in Attle
boro, at the home of her son.
George L. Adams, from causes inci
dent to old age. She was born in
Milton. Eng.. July 1. 1836, and came
to the village when five years old.
She is survived by a brother. Ephraim
Bridge of Hazardville, by two sons.
George and Clifford of Attleboro, and
by two grand-daughters and one
grandson.
Death of Edmund D. Scott
Word has been received In Hol
yoke of the death at Worcester of
Edmund D. Scott, who for a number
of years was the head of
the classical language depart
ment of the Holyoke high school.
He went to Holyoke high school in
1897. and left in 1905. While in Hol
yoke he married Miss Sarah H. Rog
ers of Webster, who was a teacher
of German in the high school at the
time. He leaves, besides his widow,
four children. •
Mrs Juliette Walker
Mrs Juliette Walker. 91, died Fri
day at the home of her niece. Mrs
Libbie Rulofson of 226 High street,
after a short illness. She had been a
resident of Springfield for many years.
She leaves two nieces. Mrs Aurielia
Tryon of Springfield and Mrs Rulofson
with whom she made her home.
Death of James P. Burnham
James P. Burnham. 73. a native and
lifelong resident of Cheapside in
Greenfield, died at the Farren hospital
in Montague City Friday morning.
He had made his home for manv
vear. With his sister, Mrs Mary Gunn.
No other relatives survive.
Word has been received of the death
of Benjamin W. Spooner of Peters
ham. tvho was killed by a fall from
a horse-rake, breaking three ribs and
suffering internal injuries from which
he died. Mr Spooner was well known
In the section, being a civil tvar vet
eran and an official for some years
in the Worcester west Pomona
grange.
George Orvis, proprietor of the
Equinox house, was drowned at
Manchester. Vt„ Thursday while div
ing.
A. G. VANDERBILT ESTATE
Appraisal Shows $17,360,522 —
Widow Receives $5,000,000
Appraisal of the estate of Alfred G.
Vanderbilt, who was lost on the Lusi
tania May 7, 1915, filed last
week Wednesday in the surro
gate's court at New York shows
a total of $17,360,522. The chief
beneficiary is his widow. Mrs Margaret
Emerson Vanderbilt, who is to receive
15.100,930. William H. Vanderbilt. his
son. Is given power of appointment in
a trust fund of $4,612,086; a life In
terest In S4CXIDOO. and the medal which
Congress voted to Cornelius Vander
bilt.
George Vanderbilt and Alfred G. Van
derbilt. eons, are each given the In
terest of $2,553,204 until they are 21.
with a part of the principal to be paid
every five years until each is 35 years
old. Other legacies provide for amounts
from so’K).’MM> to Mr Vanderbilt's
brother. Reginald C. Vanderbilt, and to
a year's salary for each person who
had been in his employ five years.
The largest item of deduction from
the total assets Is SJ.’XXIJXX) left to
Mrs Vanderbilt in accordance with a
prenuptial agreement that she would
accept this in lieu of dower rights.
THE STATE JUDICIARY
Opinions by Majorities on Constitu
tional Guestion—The Lower
Courts and the Constitution
To the Editor of The Republican
I have ju-* rea * the editorial in
your issue of August 2 under the
title "The State Judiciary.” in which
you comment on the action of the
convention in rejecting the proposal
that five judges out of seven, instead
of four judges out of seven, should
be required to agree in order to de
cide constitutional questions. You
draw the comparison to the two-thirds
majority required on certain matters
in legislative bodies and suggest that
if the original constitutions had re
quired more than a bare majority of
a court to decide constitutional ques
tions succeeding generations of
Americans would have accepted the
provision as a matter of course.
T respectfully deny this statement,
and 1 ask your readers whether thev
do not think that the convention
showed sound judgment in rejecting
the proposal. Why? If. while a ma
jority of four out of seven judges is
all that is expected to decide every
other legal question, a constitutional
question should arise in the same case
and on that question a majority of five
should be required, then you might
have the curious situation of a ma
jority of four believing that a statute
was unconstitutional and believing the
matter of sufficient importance to
state their reasons in writing, al
though. because of the fact that three
members of the court did not agree
with them the majority opinion could
not decide it. You would have the
spectacle of a dissenting opinion bv
the majority of the court and a con
troling opinion by a minority of the
court. Would such a situation in
crease respect for the judicial sys
tem?
It Is a mistake to talk -’-out “an
nuling” a law or to t - to classify the
kinds of questions which the courts
are to decide. The constitution has
’■ osed upon the court the duty of
applying it directly as law in as clear,
express terms as it has imposed upon
the court any other judicial duty. The
last section of the last chaeter of the
original institution of 1780 is gen
erally . forgotten both bv the bar and
by the public to whom it was ad
dressed. Most of us do not realize that
the constitution is printed at the be
ginning of every volume of statutes
in accordance with the express direc
tion of the original constitution. That
provision, article 11 of chapter 6.
reads as follows:—
This form of government shall be en
rolled oir parchment mid deposited hi the
secretary’s office mid. be n part of the
laws of thy hind: and printed copies
thereof shall be prefixed to the book con
taining the law, of lids commonwealth
in ail flitore editions of the said laws.
These words not only make it ex
presslv part of the law of the land,
but they require it to be “prefixed’’
to every volume of statutes so that
the courts, the bar and the public shall
understand that it is part of the law.
that it is to be applied as part of the
law and that every citizen has a right
to demand that the court shall so ap
ply it in. the same way that they should
apply any other law. it was to make
this as clear to everybody as the art
of printing and binding could make
it. that the word "prefixed" was used
so that it should be clear that the
first law to be read in every edition
should be the constitution and that it
should be clear that every citizen
should have a right to < mnd that
a court should read the . .institution
before it read a single legislative word.
You also suggest that the conven
tion was mistaken in rejecting the
proposal to prohibit judges of lower
courts from acting upon constitu
tional questions in any case. As .you
agree, they very sejdom do it now.
The presumption in favor of con
stitutionality is recognized. But where
the case is clear why should they not
do it and be expected to do it?'Two
or three years ago in passing a re
vision of the e ection laws in a hurry
at the end of the session the Legisla
tor- succeeded in expressing itself in
such a way that there was a serious
doubt whether in passing the election
iaw the Legislature had not succeeded
In repealing the date for the assess
me it of all the taxes in the common
wealth. The doubt wa^fcufficiently
serious so that an act w” passed to
clear it up at the next session.
Now let us suppose that in some
such hastily drawn statute, passed in
a hurry, under pressure, in the hot
test weather in June, the Legislature
should. Inadvertent'.", make an ob
viously unjust and unconstitutional
provision, the enforcement of which,
or the attempt to enforce which,
would cause serious injury to some
individual citizen. Suppose before
there was an opportunity for the
Legislature to correct the injustice
a court should be asked to enforce
such a provision against some un
fortunate citizen or his property.
Should the lower court be prohibited
from doing its duty and refusing to
enforce that provision, however clear
the mistake of the Legislature might
be? Should the court in such a case I
be required, as your editorial suggests,
to be made a part of such an unjust
and unconstitutional proceeding due
to a clear legislative mistake? Did not
the convention represent the best in
stincts of the people in refusing to
adopt the plan which you suggest"
You also refer in your editorial to
the preliminary decision of a respected
judge of the federal court against the
constitutionality of the Adamson law
as an Instance which tended to bring
courts into disrespect. But which of
the three great departments of the
federal government came out of the
Adamson law situation with the great
er respect of the American people?
Was it Congress? Was it the execu
tive? Or was it the courts, who dealt
with that question with the greater
care and with the greatest respect for
their constitutional functions" Was
not the American public disgusted
with the manner in which the passage
o' th- Adatpson law was secured?
Was it not the boldest attempt to
break the constitution by force since
Ik s. when a headstrong republican
majority in Congress tried to impeach
the president of the United States for
purelv political reasons and were
stopped largely by the courage and
respect for his oath of one man.—
Senator Ross of Kansas, to whom the
American people owe more than they
realise?
Is rot the passage of the Adamson
law one of the most powerful aigu
ments against the Initiative and refer
endum? Does it not show what or
ganized groups can do and will do i
under excitement to impose their will
on the rest of us by force? Would
they not some day try the same meth
od under the initiative and referendum
to force people to do what they wanted
at the polls? Does not that Adam
son law experience show what was In
the minds of the Berkshire constitu
tionalists in 1776 when they wrote de
manding a constitution for the follow
ing reason:—
Knowing the strong basis of human ns
tare to tyranny and despotism we have
nothing else in view lint tn provide for
posterity against the wanton exercise of
power which cannot otherwise be done
than by the formation of a fundamental
constitution.
Does not that echo from Berkshire
county express to-day the sound sense
of Massachusetts In the light of the
condition, surrounding rhe passage of
the Adamson law? Is not the great
problem of the 20th century which
faces American democracy, the prob
lem of "preparedness” to prevent “ •
despotism of government by organized
groups? Did not the Berkshire men
of 1776 grasp the facts of human
nature in their relation to govern
ment more clearly than some of us do
to-day? F. W. GRINNELL.
Boston. August 11. 1917.
iK^lt seems needless to say that
The Republican offers no support
whatever for the view that the courts
in this country usurped the power
to declare void legislative acts on con
stitutional grounds, although not even
the constitution of Massachusetts ex
pressly confers that power upon the
state judiciary. We regard as wholly
convincing Mr Grinnell’s own exposi
tion of the soundness of the opinion
that the Massachusetts constitution
really confers the power’ upon the
state courts, as he has presented the
case in his work on "The constitu
‘tional history of the supreme judicial
‘court of Massachusetts from the Rev
‘olution to 1813.''
But on the different question wheth
er more than a bare majority of the
judges of the supreme court should be
required for the annulment of a leg
islative act. one of Mr Grinnell's most
important authorities might be used
against him. In the work referred to,
Mr Grinnell declares that constitu
tional government in America “devel
‘oped largely from the ideas expressed
‘by James Otis and the Massachusetts
'men who framed the constitution of
‘I7BO. He quotes liberally from James
Otis's great speeches and pamphlets
on the rights of the colonies as
against the British parliamentary acts
to trace the genesis of the doctrine
of the inherent power of the courts
to declare void the acts of a Legis
lature. Among much else that James
Otis said was this; —
When such mistake is evident and pal
pable . . . the judges of the executive
courts have declared the art of a whol*
pnrllameut void. See here the grandeur
of the British constitution. See the wis
dom of our ancestors.
Let us observe that if such “mis
'take.” that is to say. a violation of
the constitution by a legislative act.
were "evident and palpable." then the
judges might declare the act void;
we would here emphasize Otis’s use
of the qualifying W’ords. “evident and
’palpable.” Now an "evident and
‘palpable” error is one that is easily
or readily discernible by intelligent
and learned judges. Can it be main
tained that when a bench divides 4
to 3 or 5 to 4 on a question of con
stitutionality. the alleged error in the
law is easily .to be discerned? Obvi
ously. an alleged unconstitutional flaw
in an abt that splits a bench of
learned jurists 4 to 3 or 5 to 4 is not
"evident and palpable"; It is so un
certain or obscure that another court
of seven or nine might reach a con
trary conclusion.
If more than a bare majority of
judges, that is five out of seven, was
required- to declare a law void, in
spite of Legislature and governor,
we might then be reasonably sure that
the test of “evident and palpable”
which Janies Otis set up in connec
tion with the judicial nullification of
laws had been satisfactorily met by
the judiciary.
ARMENIAN RELIEE NEEDED
Thousands of Refugees Being Cared
for by Missionaries
Conditions in Armenia are about as
bad as can be, according to a cable re
ceived by the relief committee from
the American consul at Tiflis. It is
estimated that the number of Arme
nian and Syrian refugees in Caucasus
is 250.009. in eastern Turkey 100,000.
Most of these are without employ
ment and a large proportion consists
of women and children. The tele
gram states that $500,000 a month is
needed to care for these refugees.
At present the workers over there
are doing the best they can with what
terial is being carried on at Alexan
dropol, Erivan and Etchmiadzim. An
orphanage has- been started at Erivan
where 300 boys more than 10 years old
are getting training in industry, agri
culture and education so that thev
may become leaders in the work of re
construction. Plans have been made
for other industrial work at Camarloo,
Novorbayasid and Ashderog. A girls’
orphanage will be started if women
supervisors are sent out. In answer
to this call three women representing
the American board of foreign mis
sions are already on their way to Tur
key and others will be sent as fast as
possible.
Besides the call for workers, an ur
gent plea tor money is contained in
the cable. One million dollars is need
ed for repitrtation, ssoo.(kXl to sup
port fatherless children In their homes,
¥500.000 tor Industrial relief. $150,000
for animals. SIOO,OOO for orphanages
SIOO,OOO for medical relief. $100.0(><l
for seed. SIOO,OOO for tools. This
makes a total of $3,100,000. The re
lief agents are planning work of re
patriation and rehabilitation, which
will be begun as soon as possible.
Efforts are being made to endow the
international daily vacation Bible
schools and thus put them on a per
manent basis. Seventy-five thousand
boys and girls In 27 states are this
year enreled In these summer schools
of play and religion. Seven thousand
are enroled In New York city and
vicinity. The cost to the association
is about St per child enroled and the
average school finds its expense run
ning somewhere in the same neighbor
hod. Some day the Idea will be
taken up .nore widely among even the
rural communities.
German denunciation of an Ameri
can food embargo against the Euro
pean neutrals surrounding the central
powers is ill-timed. The president,
poting the German feeling, may be
more convinced as to the course neces
sary to follow.
RELIGIOUS'
CATHOLICS TO GATHER
KANSAS CITY CONVENTION
Apostolic Delegate to United States
Will Attend Big Gathering
Mgr John Bonzano. apostolic
delegate to the United States, seven
or more archbishops. 30 bishops and i
several thousand priests and laymen,
it is expected, will attend the 16th I
annual convention of the American !
federation of Catholic societies, which i
will be held at Kansas City the 26th ‘
to the 29th.
This year's convention, it is de
clared. will be one of the most Im
portant in the history of the organiza
tion as It is expected that action will
be taken upon the so-called "diocesan
Plan." under which it is proposed to
affiliate all Catholic bodies in the
country with the American federation.
There are 110 dioceses in the country
and if the plan is put into effect the
federation officials say its membership
wil be increased from 3.000D00 to
about 18.000.000.
The plan was proposed at the con
vention last year, and it was decided
to take action at this year's meeting.
The movement was indorsed at a
conference of the American arch
bishops in Washington some time ago.
The American federation is the largest
Catholic body in the country, and a
number of large organizations already
are affiliated with it. The diocesan
plan would bring all of the smaller
societies into affiliation.
How the Roman Catholics of Amer
ica may help win the war also will
be discussed at the convention.
Prelates from all parts of the coun
try will be here, it is expected. Among
them, in addition to Monsignor Bon
zano. will be: Archbishops Munde
lein of Chicago. Glennon of St Louis.
Hanna of San Francisco. Harty of
New Orleans. Moeller of Cincinnati.
Christie of Portland and Messmer of
Milwaukee.
An elaborate program for the en
tertainment of the visitors has been
arranged by the members of the local
branch of the federation. The con
vention will open Sunday morning,
the 26th. with a pontifical high mass
with Mgr Bonzano as celebrant.
The sermon will be delivered by Arch
bishop Glennon. In the evening there
■ will be a mass-meeting Conven
tion hall over which Archb’=n 00 Glen
non wtl! preside. Addresses of wel
come will be delivered by Bishop
Thomas F. Lillis of Kansas City.
Mayor George Edwards of Kansas
City, and John Whalen of New York.
‘ president of the federation. The prin
j cipal addressed will be by Mgr Bon
zano and Judge Martin J. Wade of
lowa City. lowa.
Monday, the 27th. will be devoted
entirely to business sessions, with a
"Catholic day” celebration at a local
park in the evening. Tuesday morn
ing a. pontifical requiem mass will
be said at the cathedral for Arch
bishop Blenk of New Orleans. Bishop
James A. McFaul of Trenton. N. J.,
and the deceased members of the fed
eration. In the evening a meeting un
der the auspices of the social service
commission of the federation will ba
held. P.ishop P. J. Muldoon of Rock
ford. 111., will preside. The closing
business session is set for Wednesday
morning. In the afternoon the visi
|tors will be taken for a trip about
the city.
Many social affairs are being
i planned for the visiting women by th*
; women of Kansas City.
SUCCEEDS GASPARRI
New Papal Secretary of State Be
; lieves in "Peace of Justice”
A cable message from Paris re
; ceived by’ the official French bureau
i of information in New York city and
! made public Friday night indicates
I that Mgr Frederico Tedeschini. who
been undersecretary- of state for the
Vatican, has succeeded Cardinal Gas
parri as Pope Benedicts prime minis
ter. Previous dispatches direct from
i Rome credited "many Italian news
i papers and some authorities on Vati
can affairs’’ as affirming that Cardi
nal Gasparri had resigned, partly be
cause of ill health and partly because*
of the pope’s desire to institute a
new policy in relation to Germany
The semiofficial Vatican organ flat-
I ly denied, however, that the cardi
| nal had retired. The message received
. by the bureau of information quotes
। Mgr Tedeschini as declaring for "a
I peace of justice.” It'follows: —
I "In a conversation which Mgr
I r rederico Tedeschini. new secretary of
I state of the Vatican, had with the
i Rome correspondent of the A. B. C .
a Spanish newspaper, he made the fol-
I lowing Interesting declarations: —
i " •Only a Christian peace is desira
: bie because It will tie a peace of jus
tice. Some people have pretended
that a Christian peace ought to be a
white' peace or a peace without re
sult; that is, a peace bringing the
w’orld back to the status quo ante.
' This is not exact. We believe on the
। contrary that there are rights which
j justice must respect. We cannot be
j lieve for instance that Catholic Poland
will revert to the same state as it was
before the war. As Christians w*
cannot approve that Palestine should
remain under the Turkish yoke.
" 'We believe also that everv one
would be satisfied to see Alsace-Lor
raine returned to France. We believe
finally that if the Italian provinces
now under Austrian domination would
be attributed to Italy, no Christian
would oppose it. just as no Christian
would declare himself opposed to the
unification of Rumania m the East.' "
MUX WINTED FOR MINISTRY
War Causes Great Decrease in the
Enrolment of Theological Schmls
A midsummer cry about men for the
ministry comes from Presbyterian.
Methodist. Baptist. Episcopal and Dis
ciples seminaries, and it is said a like
ground for such cry is found in Ro
man Catholic diocesan seminaries, and
religious orders’ houses of studies.
The reason is the war. Last spring
graduates and in many cases under
graduates enlisted tn large numbers,
many not remaining at seminaries for
commencement. In the great Re
demptorist and Jesuit seminaries on
the Hudson river, and the Maris and
IXimir.ican houses of studies at Brook
land. Washington, the drain of men
for war enlistments is reported to Ite
great. Protestants and Catholics alike
are rallying to the colors, and even the
Jewish seminaries at Cincinnati and
New York report being affected.
In Protestant churches in the United
States 3800 new ministers are needed
each year to replace new vacancies
caused by deaths and to till new fields.
Not in years have 3800 been gradu
ated and the spring of 1917 showed
the smallest numbers for 12 years
past. The alarm sounded by the the
ological seminaries is to the effect that
less than half the numbei of registra
tions usual at the end of July have
been received to date. Conditions are
somewhat better among Methodists
and Disciples, and worst in Unitarian,
lUniversaHaf. Episcopal, Baptist and
Presbyterian liodles The conscrip
tion is expe-tedto aggravate the situ
ation. because while ministerial candi
dates are exempted, many refuse to
ask exemption, saying they will go to
the seminaries after they return
from France.
Religion, Study of Boston
Boston is to form the basis of a
social and religious study to be pub
lished in book form as part of the
“Challenge of the Cities” series. These
volumes are being issued for study
purposes bv home missionary classes
and are planned under the general di
' l ection of the missionary education
, movement. Among the leading fea
' tures to be treated is the background
I of history with tne development and
■ growth of the city. Both deteriora
i tion and civic improvements will be
I considered, and careful study of the
present population of the city will lead
the wav to a discussion of “Boston at
Work.” where the conditions of labor
and industrial relations are to be dis
cussed. The matters of housing ana
health, of Boston civic growth and
government, of recreation and prob
lems connected with It, will all receive
concise and careful treatment. The
heart of the book will be found in the
study of agencies that destroy and
agencies that upbuild, in Boston.”
Following this there will be a study of
the churches and religious life in
Boston, leading to the final chapter,
which will put the ideals of the future
into the form of a challenge—"The
Challenge of Boston." The book
promises to be of much interest and
of great value to the religious organ
izations at work in the city.
Condition of Churches Abroad
Rev Robert S. MacArthur, as pres
ident of the Baptist world alliance,
has received word from France. Ger
many, Austria-Hungary, Russia Ru
mania and Itaiv to the effect that
Baptist and in scores of instances
ether churches are closed for t'ae lack
of men and for want of money. Min
isters have gone into the army, to
gether with their followers Women
are working for soldiers on farms and
in hospitals and children are without
schools, either week day or Sunday.
Throughout Hungary in particular the
church destitution and suffering are
worse than in any other country. Dr
MacArthur thinks, unless It be in
Canada, where Baptist churches by
the hundreds are closed, having sent
practically all of their men to France.
Pitiful stories of want fill these let
ters. and they tell incidentally of the
suffering of churches other than the
Baptist. According to President Mac-
Arthur. little can be done until the
war ends. For the relief of suffering
the Red Cross and other agencies are
busy; but church organizations here
are making plans to be put into effec"
as soon as the war ends. The esti
mate is made that no less than $50.-
000.000 wil! be asked from America to
help rebuild ruined churches —ruined
in their work if not In their structure.
Plans are reported under consideration
to bring children to America to be
supported and educated under pledge
that they are to be returned. Edu
cation is also broken down in the
countries named so far as relates to
training of ministers and Christian
workers. Pitiful tales fill Dr Mac-
Arthur’s mail concerning these con
ditions. Studv of the unusual situa
tion is now r being made by the alli
ance.
DR FRISSELL'S FUNERAL
Many Messages of. Appreciation of
Late Principal's Work
Special Dispatch to The Republican
HAMPTON. Va.. Wednesday. Aug.B
Hollis Burke Frissell. beloved prin
cipal of Hampton institute for near
ly 25 years, and Samuel Chapman
Armstrong, his soldierly predecessor
now rest side by side as once the;
loyally worked by day and night t '
give all men regardless of class or
race a new conception of “education
for life."
The funeral service, simple and im
pressive. which was held to-day i.r
the Hampton institute memorial
church and in the small school ceme
tery in memory of the life and work
of Dr Frissell. brought together an
the lower peninsula of Virginia hun
dreds upon hundreds of thoughtful
white and colored people who paid
tribute to one of America's leading
statesmen-educators.
Dr Robert R. Moton. Hampton's
former commandant and present prin
, cipal of Tuskegee institute, delivered
a foreeful address on Dr Frissell's
service to the nation. Dr Moton sail:
, 'This life which has gone out from
! us so recently is to-day manifesting
I itself .in the acts and thoughts of
■ thousands of other lives, lives nt
I black men. red men and men of the
I white race also.”
Dr Thomas Jesse Jones of the bu
reau of education at Washington, for
merly associate chaplain at Hampton
institute, read the prayer which Dr
Frissell offered less than two years
ago at the funeral of Dr Booker T.
Washington. “Thanks be to God who
giveth us the victory.” With these
words Dr Frissell opened the service
I held in memcry of Hampton’s mo.-t
I distinguished graduate, and the words
were repeated again and again to-day
1 as an expression of Dr Frissell's vic
> torious life.
The whole Hampton school san';
> with rare feeling two Negro religious
folk song. "Swing low. sweet chariot.”
i and My Lord, what a morning.'
which were dear to the heart of
’ Hampton’s principal.
Many Messages of Sympathy
Among the telephonic messages
' which have come to Mrs Hollis E
' Frissell and her son. Sydney Dodi
I Frissell. from all classes of people and
from all parts of the country, may be
mentioned the following: —
Rev Dr Francis G. Peabody of Cam
bridge, a Hampton trustee: “This
public loss and private sorrow calls
us to a renewed submission to God and
a fresh devotion to Hampton."
Mr and Mrs Julius Rosenwald of
Chicago: Wonderful achievements
and noble life of service, an example
for all who have known this great
and good man."
Mr and Mrs John D. Rockefeller.
Jr.: "A great man has been called
home. He has rendered a great
service to this country and to hu-
I manity. Thousands and tens of
I thousands of people will mourn his
I going.”
Anson Phelps Stokes: "Dr Frissell’s
I life was an inspiration to all who
knew him. and his influence will
- be enduring.”
Jacob Schiff: ’'Exceptionally noble
' and genial man whose memoir will
I ever remain a blessing.”
President Edwin A. Aiderman,
University of Virginia: "Dr Frissell
I was a great public servant whom I
admired and loved as a friend.”
Lyman Abbott: "Dr Frissell’s
I single-hearted devotion to a great
I cause, guided to noble ends by a
practical wisdom, inspired the rever*
on admiration of all who knew him
|or his work. No one can till his
place, but the work which he so ef
ficiently organ zed will be carried on
by those whom he imbued with his
spirit."
The 1. W. W. leaders will not agree
with the secretary of labor that there
are no serious labor disturbances in
the United Stat s, nor will some of the
copper mine managers who see their
output curtailed.
11