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BICE WEEKI, KTABI.IIIKI 1131. DAI LY tVlAHLIMlKl) IS SO. RICnMOXii DAILY PALLADIUM, 31 ON DAY, OCTOBER 2i, 1101. ONE CENT A COPY MONO LABOR CASE. DECIDED BY JUDGE FOX AGAINST THE CITY. The Opinion in Full An Appeal Will Be Taken To the Supreme Court. The following is Judge Fox's opin ion in the case of Jas. A. Edwards vs. the City of Richmond: In this case the plaintiff sues to recover for work and labor. In his complaint he alleges that from the 6th day of May to the 13th day of June, 1901, he was employed by the defendant as an unski led laborer and as such during that time he worked upon the streets of said city. He further charges that as such un skilled laborer he was by virtue of a statute passed by the general assem bly of this state on the 9th day of March, 1901, entitled to receive for such labor, compensation at the rate of 20 cents per hour; that the defend ant refused to pay him more than 15 cents per hour; that he brings this action to recover the amount that he is entitled to under said statute, likewise his attorney's fees and an appropriate penalty. To this complaint the defendant has filed a demurrer, and claims in argument that the statute above mentioned is unconstitutional and void and that for this reason the de fendant is entitled to judgment. (The act of the general assembly which is challenged by the defendant is here quoted but is omitted because it was published in the Palladium recently ) The coin ts of this state undoubt edly have the power to declare laws enacted by the general assembly un constitutional when they are clearly so and only then. If in the mind of the court it is a doubtful question as to whether a statute in a given case is, or is cot constitutional, the doubt will be resolved in favor of the con st it utiorality of the law. The power of the general assembly of this state is restrained only by the limitations imposed upon it by the federal and state constitutions. Beyond these TO3raTIDnSTtSpawer"ls supreme as far as the courts are concerned. A law may be wrong or unreasonable, yet if it does not conflict with anv con .titut nal pro,isioD, it is beyo d ttie reach of the courts and it will be their duty to enforce it as thev find it. The mere fact that a legislative body may occasionally abuse its pow ers in enacting unwise or oppressive statu! s will in no wise justify inter ference by the courts in exercising a power that they do not possess. This principle is well expressed by the eoart of appeals of New York in the case of Clark vs. the state, 3t N, E. 817. Tha case was much like the one now under cansideration. In the opinion of the court it is said: "But ex reme cases which show that power may possibly be abused, do not prove that it does not exist. The court cannot construe the constitution so as to pre clt de all possibility of the abuse of pwer. There has always been am ple room, within the pale of the con stitution, for the misuse or abuse of powers conferred upon public bodies or officers which is subject in a large measure to the exercise of discre tion. It must be assumed that the legislature and all other public bod ies entrusted with the functions of government, general or local, will use the power conferred by the con stitution or the law, fairly, and in the public interests." The supreme court of this state has announced as a rule, that it devolves upon the party who assails a statute upon the ground that it violates the constitution, to show a clear viola tion and to point out the provision violated; failing to do this,his attack is.ucarailog. (102. Ind., 319 ) Counties, cities and towns are mu nicipal cor perat iocs. Municipal cor porations are created mainly for the interests.advantage and convenience of local ccfminunities. The power to- create such corporations for the pur pose of self-government lies with the state to be exercised through its leg islature. A municipal corporation has only such powers as are confer red upon it by the state and when these powers are so conferred they do cot become rested rights for they are subject to legislative control. They may be changed, modified or taken away at the pleasure of the state. If the general assembly,after conferring powers upon a municipal corporation may take them away, I am unable to see any good reason why they may not regulate them while they exist if no constitutional provision is violated in so doing. The defendant insists that the stat ute in question is in the nature of "class legislation" and for this rea son cannot be upheld. To this prop osition I cannot assent. In the first place the statute directs that the state shall pay twenty cents an hour for unskilled labor when em ploped upon public work, that is,upon work for the state. It then directs that all counties, cities and towns in the state shall uo the same. There are no exemptions. None are fav ored. The statute is sweeping in its terms. It operates in a general and uniform manner throughout the state. It applies in terms to the state and to every county, city and town in the state. It applies uni formly to all unskilled labor em ployed upon all public works for any of these corporations. There are no discriminations. A law which applies generally to a particular class of cases is not a local or special law. The constitution does not re quire that the operation of a law aail be uniform other than that its operation shall be the same in all parts of the state under the same circumstances. (131 Ind., 436; 42 Ind., 547; 29 iDd., 329; 26 Inn,, 431.) in uiy judgement the statute can iu no sensa be termed "ciasss legisla tion." The statute is prospective and not retroactive. The obligations of contracts are not impaired. Vested rights are not disturbed. No burden is placed upon unskilled labor. No obligations nor restrictions are im posed upon any one sive the state and upon its agencies, counties, cities, and towns. All highways are the property of the state and are for the use of the public A street is a highway. Counties, cities and towns, as subor dinate agencies of the state, are en trusted with power to establish, maintain and control highways with in their respective jurisdictions. This power may beehanged, modified or taken away at any time, at the pleasure of the state. When labor is performed upon a highway, it is public work done upon the property of the state although done and con trolled by suoordinates clothed with power for that purpose. It is claimed in argument that the right to contiact is a property right and cannot be abridged; that the statute in question has this effect and for this reason cannot be upheld. That the sovereign power of the state may in many instances abridge the right of the citizens to contract has been so often exercised and up held that it is no longer an open question. To assert broadly that in no instance can the state abridge the tioerty of the citizen to contract would be to deny the state the power to exercise the right of eminent do main; to levy taxes; to collect as sessments for public ues; to arbi trar ly fix the salaries t f p lblic o ti cers. The legislature fixes the sala-j rles of all state officers members of the general assembly; also the fees of county and township officers throughout the state. The councils of cities fixes the compensa tion of its officers. It is provided by law that town ship assessors and their deputies shall receive two dollars per day ;road supervisors $1 50 per day. Doubt less many of the persons who hold these offices would accept them for a less compensation if it were a matter of contract. Will it be c1 aimed that because persons are required to ac cept these offices for the compensa tion named, that their right of con tract is abridged? When the state employs persons who are unskilled, to labor upon its public works and informs them at the time that their compensation will be 20 cents an hour and they accept these terms, is there any abridgment of their right to contract? They need not accept such employment unless they choose. They are free to act in the premises. A city may let its public work to the "lowest bidder upon such terms as it may fix. If at the time it advertises for bids it informs the bidder that ttey will be required to pay unskilled la bor at the rate of twenty cents an hour and that they must make their bids accordingly, is there any hard ship? Is the right to contract abridged? Contractors need not bid unless they choose. If they bid, they must consider the terms and condi tions imposed in fixing the amount of their bids. The right to bid is an open fieli.In the competition invited, are the rights of any one abridged? Suppose a private corporation is in need of unskilled labor, and in order to obtain it instructs its agents to employ such labor at twenty cents an hour and at no other rate. Would it destroy any contract right in so doing? Suppose this corporation would let its work to a contractor and in the contract should require hitr, under a penalty, to pay un skilled labor at the rate of twenty cents an hour and he should volun tarily and understandingly enter in to this contract, would not this con tract be enforced by the courts? When the state directs that all unskilled labor engaged upon its pub lic work shall receive twenty cents an hour, is it exceeding its power? If a person in contracting with the state to do public work stipulates in his contract that he will pay un sKilled labor twenty cents an hour or suffer a penalty.may he not do so? Would such a contract violate any constitutional provision, state or federal?. As has been said, counties, cities and towns are mere creations. Tbey have no potential existence. Their life is the will of the legislative pow er of the state. Their powers are not inherent. The right to contract is conferred by the sovereign power 1 of the state, and being so conferred I Mr. Crow "We'l. goodbye, old b! tercrop next year, I won t come HE KNEW. 'Don't you think Edith has engag ing manners.' "Hardly She has three times this season.' refused the same power may take it away. If the state alone may confer and take away the right of muni ipal corpora tions to contract, it certainly may direct and regulate the manner of its use. CASE WILL BE APPEALED. City Attorney Jessup states that this case will at once be appealed to the supreme court of the state. R. H. S. WINS. Knlghtstovvn H. S. Foot-Ball Team Defeated 12 to 0 Boys to be Compliment ed on Fine Work Big Crowd. R. H. S. defeated K. H. S. on Reid fiild Saturday afternoon, the latter team weighing almost twenty pounds to the man more than oar boys. The largest crowd a Richmond high school team ever had at a game was there Saturday and its cheering and encouraging yells did much to spur the boys to victory. QThe K. H. S. team with about ten rooters arrived here at 10 o'clock and were escorted to the Westcott by members of the home team and the high school. Both teams were on the 5 I J at the scheduled time and after a little pre liminary practice the game was called. K. H. S kicked oft Knights town got the ball but was held for down with the bali in their territory. Then Richmond oegn to show its superior work by hitting Knightstown's team line for five and ten yards gains every down and after ten minutes play Art Hill sco ed a touch down for R. H. S. and Bulla kicked goal, making the score 6 to 0. Koigbtstown kicked off. Richmond advanced the ball for twenty yards, but lost it on downs, and the first half ended with the ball in Knights town's possession and in their territory. After an intermission of five min utes. R. H. S. kicked off and our boys advanced the ball for another touchdown, which was made by Kaufman after fifteen minutes of play, and Bulla kicked goal, making the score 12 to 0. The game ended in a punting con test, both teams doing fine work, but that of our boys was slightly su perior. Richmond made only one fumble and that was by T. Hill and cost nothing, while ivn'ghtstown made several and had the ball only three times during the whole game. Finaccially the game was a great man': but look here, if you don't have a back!" Mother "Oh! Jimmie! I've got something to tell you!" The Truant "Holler it, ma; holler success, although the expenses al most doubled that of former games played here. The Athletic associa tion has 121.45 in its treasury as a result of this one, a small portion of which will be spent for a new foot ball. After the game the Richmond team was invited to the home of Miss June Elmer for supper of which most of the boys took advatage. There should be no kick on either side as to the decisions of the um pire and referee or the conduct of the crowd on the side lines, bucause the ruling was fair and the crowd kept off the field. Quite a number of students were down to the depot Saturday night to see K. H. S. boys off. The line-up was as follows: R. H. S. K H. S. Elder I. E Sherrod Myers L T St. Clair Newman L. G Carey Horton C Crimer Louck R G Bell Tallant R T Pike Bulla RE Reeves Wilson Q Carson Kaufman Rfl - Shuey J. Hill F B Tipton A. Hill LH Brinkmanand McLaren Umpire R. Pike, Referee Lock wood. DETECTIVE CRIH Fatally Shot By a Notorious Criminal, John Foley, Alias Dan Driscol. Cincinnati, O., Oct. 21. Detec tive C. D. Crim of Cincinnati police force was fatally shot on the street this morning by a well known thief, John Foley, alias Dan Driscol. Crim was going to the depot for a short vacation when he recognized Foley and placed him under arrest. After walking a few steps Foley suddenly fired a bullet through Crim's bodv. He was immediately rearrested. Foley was recently released from the Ohio penitentiary. He was being looked for by the police for picking pockets at funerals. Crim's chances for life are said to be one in a thous and. Cruelty. There have been two Arabians around town for a few days with an old horse and buggy. Saturday they sold the buggy to some one for one dollar and abandoned the faithful oid horse that had pulled them into town and disappeared. The poor old crip ple wandered out on the commons on the west side and getting down was 1 not able to get up again, Officer McMmus went over and shot it this morning and turned the remains over to Undertaker Merts. If the Arabians can be found they will be fined for cruelty to animals. Bank Robbed. Fulda, Minn., Oct. 21. The safe of the Farmers bank was blown open early today and robbed of f55,0O0, insured. Bank Suspends. WaWftnn D f! Oct 51 Tfc comptroller of the eurrercy rec ived a telegram announcirg the suspen sion of the tuufaula National bant, Eufaula, Ala. No details are given. Reception. At the home of Mrs. John B. Dou gan tomorrow afternoon from 2 to 6 o'clo.k a reception will be given for Mrs. Reid of New York aid Mrs. Bogue of Wabash, wife and sister of Mr. D. G. Reid. There were about ISO invi tations issued. Mrs. Frank Elder, Mrs. John Nicholson, Mrs. John Zeller, Mrs. Will Starr and Mrs. George Eggemeyer will assist. The mjsic will be supplied by Cain's orchestra. Mill and Elevator Burned. Paris, III., Oct. 21. F.L. Keddus mill and elevator burned last night. Loss f75,000, insurance one half. Adolph Bartel. The death of Adolph Bartel last evening was a painful surprise to his may friends, who did not know he was in so serious a condition. He used to beat Rost & Marshall's and from there he went to the A. II. Bar tel & Co. concern. After about two yars thtre he went to Chicago, se curing a position with J. V. Farwell & Co. He was there but a short t'me when he fall ill. Not thinking it would be serious he held on after be should ha ve gone to bed. When he did give in and come home he was very feeble. He had typhoid fever. He went to the home of his father, Wm H. Bartel sr., and rapidly became worse until his death ensued. GBEWSOME FIND. Bones of Henry Crist, the First Man Hanged in Wayne County, Un ' earthed. Last Friday while workmen were grading the driveway to the home of Jacob Wise, in the eastern part of Washington township, tbey un earthed the remains of Henry Crist, the first man hanged in Wayne county. The grew some find renewed interest in this pioneer criminal case and in the execution that fcllowed. The disinterred bones, many of them the sku.l and larger bones particularly were well preserved Some fragments f the clothing, but tons, &c, and pieces of the rude cof fin were also found. The bones were placed in a box for reinterment. P0LICEC0DRT. Three Women Fined A Case of Cruelty to Animals Belgian Hares Killed. In police court this morning were three women and a man who were taken out of Nettie Anderson's house by officer McManus. Mrs. Anderson came first and plead not guilty. Her attention was called to the fact that she plead guilty to the same charge before. She coa tended that this was a long time ago, and the mayor re plied that it didn't make any differ ence if it was twenty years ago and fined her 110 and costs. Rosa Cress plead not guilty to associating with a woman of bad repute, namely, Net tie Anderson, but was declared guil ty from the testimony of the docket and fined 5. Mae Fisher for the same offense plead not guilty and de nied that she was a . woman of that sort but was fined $10 and her atten tion called to the fact that she owed another fine, an eld one, and mus stay Ihem both out. James Maher for being with the women was fined $10. John Donlin for intoxication was fined $5. BELGIAN HARES. The Belgian hare question is get ting serious. There are a good many in this section and the dogs do not know them from wild ones and chase and kill them. One day last week several that belonged to Jeff Fergu son were killed and the trustee paid for tbem. Since that a court decis ion has been rendered that they are not domestic animals and can not be paid for by the trustee. Last night a dog killed ten belonging to Otto Krone and unless the owner of the dog pays lor them there is going to be trouble. LATEST ftrOTaTIOXS. Chicago, 111 , Oct. 21. Wheat, 691. Corn, 54. Oats, 34. Toledo, O., Oct. 21. Wheat, 73i. A TERRIBLE PLOT Bolomen On Samar Islaud Were Prepared to Con tinue Massacre. A VIGILANT OFFICER Discovered the Hole In the Wall Tbroujrh Which the Natives Were riauuing to Make Eutraaee. Late Hostilities on That IsU:i l Have Created an Urgent Demand for Lukb&u's Capture. Manila, Oct. 11. Owing to the vigi lance of Lieutenant Thomas M. Halm's, jr., of the Wth Uuited State Infantry, another slaughter of American troops by insurgents lias been averted. It. seems tlwit Lleutenaut Raines discov ered a prisoner re-entering a cell at Carliiga, Island of Samar, where sev eral were coufined, through a hole that had been let iu the wall. An Investi gation showed a plan to fill the jail with ltolotueu and to call the guard, which would le necessary to get the door open, and then to attack the gar rison. It also developed that the insti gators were a priest and the presi-. dente. itoth of whom have leeu ar rested, together with several other prominent persons. Other attempts have leeu discovered. but fortunately frustrated, at l'amliujan and other points in Sumar. Several persons have been arrested in connection with these. Iteinforcemeuts are Itoing rushed to Samar. Three tmudred and thirty ma rines, under Lieutenant Colonel Maneil C. Goodrell have gone there on loard the United States cruiser New York, and two battalions of the 12th infan try will start Immediately for the same destination. United States officers from other provinces tliat were supposed to be pacified have recently arrived in Ma nila, and they say that the news of American disasters spreads like wild fire among the natives, who scarcely attempt to conceal their delight. The Manila constabulary discovered a large quantity of steel wagon springs, which were being shipped to various districts, tuvee'igatiu showed that thuse were . to le used iu mauuiacturiug bolo. The troops in Samar anticipate bard fighting. Hrlgadier General Jacob II. Smith, who Is in command, has visited most of the ports and instructed the commanders that the insurrection must be hammered out and General Lukban, the insurgent leader, cap tured. Already the movement oi troops has begun. General La Cuna, who surrendered last May, has complained to General Chaffee that the terms upon which he and his force surrendered hare not been respected' by the Americans. lie exhibits a document signed by himself and General Frederick Fuus'nn In which he and his force are granted immunity In resjiect of all acts com mitted contrary to the laws of war. Since this document was executed several of Lacuna's officers and men have been tried, condemned and sent enced to death for killing American prisoners. General Funston says that when it was signed he gave Lacuna orally to understand that the killing of American prisoners was excepted. Lacuna admits that something was said on the subject, but says no thor ough understanding was reached: and be considers the written agreement binding. BIG JAUL Made by Postoffice Rob bers in Chicago Last Night, Chicago, Ills.. Oct. 21. Burglars last night stole 170,008 in stamps from the Chicago postoffice and es caped leaving no clue. They tun neled under the stamp vault, drilled through the steel bottom tunnel and the drilling required several days work. The cashier's vault contain ing $300,00 cash was only six feet away. It is supposed that was the objective point. Sunday School Week. This is Indiana's greatest Sunday school week. A meeting of 300 can vassers will be held tonight at the First Presbyterian church at 7:30. The city will be divided ir.to 12 general districts and into 152 - sub districts. ' - Every canvasser should be present tonight to receive instructions. The union meeting as announced for Tuesday evening to be held at Grace church will be held at the First Presbyterian church instead. "Wed nesday night's meeting at Grace M. E. church and the grand union rally Friday night at East Main Street Friends' church.