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T E RIGHMOKD PmidDIlJM AND SUN-TELEGRAM. VOL. XXXV. "SO, 297. RICHMOND. 1XD.. FRIDAY EVENING, SEPTEMBER 2, 1910. SINGLE COPY, S CUNTS. FIRST SKIRMISH BETWEEN CITY AND THE New York City Really Big as London KILLED A LIGHT, HEAT ER DYIIURLIIIG ROCK D1I1G EllGltlEER BAI1DIT row COMPANY OCCURS When a Colorado Train Was Held Up Today, Looting of Express Car Prevented by Courageous Act. RECEIVED LEG WOUND BEFORE HURLING ROCK Bandit Rode Blind Baggage and Climbed Over Tender, Stopping the Train at Point of His Pistols, (Atnarlesn New BervIcO Colorado Springs, Colo., Sept. Z. A qcii.l.v. imiiv " rock thrown by Engineer Frank Stew art, of the Colorado Midland train. No. 3, after Stewart bad received a bullet In Vbe leg became he resisted the rob ber. Stewart ia now in a hospital. A few miles west or Divide, a nanuu, who evidently bad been riding on the blind babbage, crawled over the tend er and covered Stewart and bis fire man with revolvers, ordering them to proceed to the express car and notify the messenger that the train was be ing held up and not to offer resistance. On bla way to the express car Stewart seized the opportunity to pick up a rock and burled it at the robber, hit ting him on the bead and killing him, Several passengers who looked out of the wlndowa to see wbat was the cause of the atop, were fired at by the bandit before be waa struck and a nanio amonrst the passengers ensued. Take Two Suepeeta. Two youths, named Sterling and Charles Martin, who were discovered near tha scene of the boldup and un able to give an account of themselves XZi trusted. ?. etewarnr condition' is -la, the hospital here the engineer MAa the fireman, allpped under the express car the bandit dropped down avnd tried to cover blm. In my band I bad a rock which I picked up when we mot oft the engine. Aa the robber stooped down 1 let blm have it. An Instant before I let fly, be turned and hot me In the leg. I aaw him topple over, but when I came to the crew were bending over me." Tbe firing of shots had brought the brakemen and conductor and the Ignalmen. They arrived with drawn pistols a , moment after the bandit dropped. 8herlff Von Puhl was noti fied and took up the search with a posse. The Martin boys were found nearby but declared they merely had been beating their way on the train. Ster ling Martin's head waa grazed by a bullet which stunned him. The bandit whose skull was frac tured wore a cloth mask and around bla neck waa a gunny sack. He car lied two pistols. IS TO EIIJICT LAWS (American News Service.) Chicago, Sept 2. "The next session of congress will pass lawa which will make the conservation of natural re sources a fact and not a fancy," de clared Bernard N. Baker, president of the national conservation congress, which will convene In 8L Paul. Mon day. Mr. Baker la In Chicago on hla way there. . The one big result of the St Paul meeting, he said, would be the out lining of a legislative program for the nationalcongress. It also is planned to organise the youths of the nation Into tree planting squads. Pdlcdium's Daily Average Circulation Fo- Week Ending Aug. 27th, 1910. (Except Saturday) TOTAL DAILY AVERAGE CIRCU LATION Including Rural Routes, Mail Cir culation. Small Towns. Complimen tarlea. City Circulation, Etc., Six Days 0,052 AVERAGE CITY CIRCULATION 3,310 ; Thla Includes Regular Compli mentary Hat. . - . Thla Report Does Not Include Cample Copies. - N Map snowing that according to the last United States census, New York city is as large as London. The area of the great English metropolis is 700 square miles and her population 7,600,000. The present area of New York la 320 square miles. If the American metropolis were to annex suburban territory, as London has done, sufficient to give her 700 square miles in area, the population would more than equal that of London. To do this of course It would be necessary to annex a good portion of New Jersey adjacent cities. Including Paterson, Rah way and Elizabeth. TAX RATE THE SAME Indications County Council Will Not Increase It at Its Meeting. IT CANNOT BE REDUCED The county tax rate for 1911 will be fixed at 43 12-20 centa on the hun dred dollars assessed valuation by the Wayne county council at Itsmeetlngs on Tuesday and Wednesday of next week, according to the Indications. It la certain that the county tax rate will not be Increased. Although some of the appropria tions for 1911 possibly will be smaller than theae aame appropriations were for thla year, tbe difference will be offset by appropriations for improve menta at the county Infirmary. For thia reason members of the county council do not aee how the rate can be reduced any. Proceedings of the council will be listed on new forma supplied by the state. This is done In order to make the council's transactions uniform and. make It possible for a better sys tem, of compiling the budget referred to the state officials. On Labor Day the board of county commlssionera meet more to comply with the state law than anything else. The session probably will be short and the matters coming up postponed un til later aa the commissioners desire to observe the holiday. Other county officials who find it possible will ako close up "shop" on Monday. RIPLEY IS AROUSED (American News Service.) Chicago, Sept 2. Aroused by the reports that railroads had padded their expense accounts to make it ap pear to the interstate commerce com mission that their net earnings were so amall aa to necessitate the Increase of rates, President Ripley of the Santa Fe, sent to the special examiner now hearing the rate cases in Chicago, a statement denying the charge. This statement will become a part of the records of the case, in which the shipping Interests are attempting to prevent western ' railroads from Increasing their rates on comoditles. Several witnesses from the Rock Is land railroad are scheduled to take the stand in the inquiry, which waa resumed before special examiner Brown at 9 o'clock. TOO MUCH FOR HIM (American' Nw Service.) Dover. Eng., Sept 2. After sixteen hours of struggling with treacherous currents In the English channel, Hea ton, the crack swimmer, was forced to abandon hi a England-to-France swim today. He waa taken out ex hausted. "Ill never try it again," he said. His condition required medical attention. NEW FURNISHINGS. Tre furnishings for the new parson age of St Mary's congregation. Eighth and North A street, have . been in stalled and the Rev. Father Matting ly and bia assistant the Rev. Father 8hea, are moving in. Work on the church at the present time is progress Ing rather slowly. ' GOVERNOR IS HOME And He Says He Is Eating and Sleeping Now Like a Harvest Hand. PROBE INTO AN EPIDEMIC (Palladium Special) Indianapolis, . Sept 2. Governor Marshall appeared at his desk Friday wistiaG weeks in Michigan.1 ; He. and Mrs. Marshall arrived at 7:10 o'clock and went home, where the governor got hla first good cup of coffee since he left Indianapo lis." He dotes on coffee. The govern or gained four pounds, now weighing 130. He says he "ate and slept like a harvest hand" and Is in the best of health. Dr. J. P. Simonds, head of the bac teriological department of the state board of health, has returned from the examination of the water of New Castle to discover the causes of tbe ty phoid epidemic, and will now examine numerous samples of milk which are being sent over. The epidemic has already been partially blamed to bad sanitary conditions. . N E (American News Service.) New York. Sept 2. The friends of" John B. Barrymore, better known to theater-goers as "Jack" Barrymore, were surprised today to learn that he was quietly married yesterday to Miss Katherlne Corey Harris. The actor's engagement to the beautiful heiress became known some time ago, when Miss Harris returned from Europe. On August 12, a marriage license waa se cured, but the plans for the wedding were kept secret - The ceremony was performed before a few friends at the Roman Catholic church of St. Francis Xavier, Father Thomas S. Harlin, officiating. WILL QUELL REVOLT (American News Service.) Chicago, Sept 2. Gevernor Leon ardo Osorlo Reyes, of Cavite, special commissioner of the Philippine gov ernment who Is circling the globe, has arrived in Chicago. He declared the uprising headed by Simeon Mo nadao, in the province of Ilocos Norte was unimportant and predicted that the insurrection would be quelled and Monadao captured in less than a week. He departed today for the Pacific coast, from whence he will take pas sage for Manila. . WAS SHOT III COURT (American News Service.) V Calcutta, Sept 2. The most daring attack by Indian malcontents oc curred today at Dacca when, in open court two Bengalese shot and fatally wounded a detective who was testify ing in the trial of an elleged anti-English conspirator. The court was thrown, into an uproar, and in the tur bulence the assailants were arrested after a hard fight The trial at which the shooting took place has aroused much unrest .,- . .;. BARRYMOR MARRED HAD CHOLERA SCARE Giant Steamer Kept from Pier Until Examination of Suspect Is Made. PASSENGERS IN A PANIC (American News Service.) New York, Sept 2. Held over night at quarantine in fear of cholera.- after Bel tgtffliac&aecnto pier, the giant liner Lusitanla, with 915 cabin passengers and 1,124 in the steerage, was released this morning at 9.25 o'clock. Two thousand persons were waiting for her to dock, many of them having remained at the wharf all night Excitement at times was so Intense that the polfe had difficulty in keeping order. The release came after a bacterio logical examination had been made in the case of a man in the steerage. His illness was discovered by Dr. Doty, one of the health inspectors, after the she had been tentatively passed at quarantine. Though in many'instances the pas sengers were bitter over the delay, the majority of them took their dreary night within sight of home good natur edly. The liner San Giovanni from Trani, Italy, was also held up with a big passenger list because of the suspicious death of a girl five days ago. UIIIOII WAR AVERTED (American News Service.) New York, Sept 2. A building trades war involving 125,000 men in Greater New York has .been averted, according " to statements made today, by action taken by the Mason Builders' association. This body of employers has ordered its members to abide by the rules of the bricklayers, masons and plasterers International Union of America in outside jurisdictions. In some quarters, howover. it is be lieved that the trouble, while averted, has not been finally settled. A war In , building trades has been threatening for. several months. The agreement : has been placed in the hands "of International William J. Bowen by Secretary E. L. Feek, of the Employers' association. A LECTURE BY (American News Service.) Chicago. Sept 2. Professor Roscoe Pound, who recently accepted the ap pointment of professor of law at Har vard university, was the principal speaker this afternoon at the seventy sixth convocation of the University of Chicago, when nearly 200 degrees were conferred. Professor Pound's subject was "The Law and the Peo ple." A TERRIBLE DEATH (Palladium Special) r .Centerville, Ind., Sept 2. The. fu neral of Edward, the 18-monthsold son of Chester Feeney and wife, of this place, who died Thursday morn ing from burns, will be held on Sat urday morning. The body will be taken to Pittsburg for burial. . . , " V BOND CHAUTAUQUA HAS SEEN SUCCESSFUL If Present Attendance Is Main tained It Will Show Good Season's Profit. H0BS0N SPEAKS TONIGHT NAVAL HERO OF THE SPANISH WAR WILL DELIVER A LEC TURELARGE AUDIENCE HEAR STUART LECTURE. FRIDAY EVENING. 7:00 p.m. Chicago Glee club. $ : 00 p. m. Capt Ricmond P. Hob son, "The World-Struggle for the Blessings of Industrial Liberty. SATURDAY, SEPT. 3. T. P. A. Day. 2:30 p.m. Work with Children Il lustrated, conducted by Zoe Pearl Park. . . 3 : 30 p. m. Chicago Glee club. 4:00 p.m. Ellsworth Plumstead. -7:00 p.m. Chicago Glee club 7: 30 p. m. Ellsworth Plumstead. 8 : 00 p. m. Homer T. Wilson, "America's Uncrowned Queen." Captain Richmond Pearson Hobson, who became well known In the United States during the - Spanish American war. will again appear on a local Chau tauqua platform. His lecture on the subject, "The World's Struggle for Blessings of Industrial ( Liberty," is scheduled for 8 o'clock this evening and for several reasons he is assured of a large audience. Captain Hobson, when in the city be fore, was more of a drawing card be cause -of the curiosity which people iter sts- well as elsewhere .in the iUnit- ed States manifested ia ; htm, ' due": to his daring and great achievement in the sinking of. the Merrimac in the harbor of Santiago de Cuba. Coupled with this was the kissing incident at St Louis. ' - ' Now, however, the interest in him is principally due to his lectures. It is said that he is now one of the leading Chautauqua platform lecturers In the country. The subject on which he speaks this evening, attracts much at tention. He arrived from Winona lake in the afternoon. Saturday T. P. A. Day. Saturday is T. P. A. day and the program will be featured by an ad dress by the Rev. Homer T. Wilson, the national chaplain of the order. Several athletic features for members and their families has been added to the program and winners will be awarded prizes. The chautauqua asociation is ahead financially up to date. The receipts so far have exceeded tbe receipts for the corresponding period of tbe 1909 chautauqua. However, as this year's program is a more expensive one, the association officials claim that good sized crowds must attend each day in order to assure a profit Dr. Stuart's Lecture. .. Over 4,000 people beard Dr. George R. Stuart on Thursday evening. It was the general opinion that his lecture on "Lop Sided Folks" was the best so far delivered at , the assembly He pos sesses all the attributes of a success ful public speaker. He divided his lec ture Into three parts. ' Thought laugh ter and tears constituted one division; business, society and religion, the sec ond, and mental and physical condi tions and the heart as the third divi sion.' His conclusions were clear and readily appreciated. t The Friday morning program was changed and the religious extension hour was held at 11:30 o'clock. The Rev. Homer T. Wilson conducted the service, The teacher's institute closed today after a most successful session. Prac tically two hundred teachers attended ail of the institute lectures during the morning periods of the week. Dr. W. F. Barr and Mrs. Zoe Parks were the lecturers. j Ellsworth. Plumstead, an im persona tor and character delineator and the; Chicago - Glee club both made their , first appearances on Friday afternoon. Both pleased a large audience. They will be on the remaining programs of the assembly. AFTER LOCAL FIELD (Palladium Special) Eaton, f!)-, Sept 2. The Ohio Fuel Supply jtjbmpany, supplying gas to Hamilton, is seeking permission to do business In Indiana, and if success ful a line will bo piped through Eaton, Camden and Somerville, this county. THE WEATHER, ; INDIANA AND LOCAL Fair tonight. ' cooler with showers tomorrow. Corporation Attempts to Tap Mains of Defunct Natural Gas Company, Despite the Orders of the City Forbidding Such Action, and Members of the Working Gang Were Arrested but Were Later Released. CITY TO ASK FOR PEBMW1EIIT IIIJUIICTiOIl Company Officials Announce that Pending Hearing on This Petition It Will Make Connections with the Natural Gas Mains Officials of the, City and ' Corporation Hold an Important Conference Today. Local Gas Situation Connection of pipe lines of L. H & P. and natural gaa company attempted. Seven employes of the company arrested by police, but released later. ' Conference between city and company official held. . Injunction restraining company from using pipes for artificial gas filed thia afternoon. . Company will make connections and use pipes pending hearing; Injunction. WTar, which will be to the bitter end, between the Light Heat and Power Company and the city 'of Richmond, waa formally declared thla morning. Seven employes of the company were arrested by the police while engaged In excavating at Second and Main streets for the pur pose of connecting the mains of the Light Heat and Power company, with those recently purchased from the Richmond Natural Gas company. These employes of the company were charged with violating the terms of the franchise held by the Light Heat and Power company, which, according to City Attorney A. M. Gardner has a clause, providing that when making street excavatins for purposes other than putting gas into private houses, a twenty-four hour notice must be given the street commissioner. The Light Heat and Power company took out the permit for excavation from the city engineer but failed to notify the street com missioner. A CONFERENCE HELD. Immediately following the arrest representatives of the city and and company were notified and a conference held in the office of the sup erintendent of police. At this meeting were City Attorney - Gardner,. Attorney Wilfred Jessup, who will assist the city attorney. Mayor Zimmer man and H. M. Hammond, president of the board of works, representing the city, Fred Schornstein, manager of the company. Attorneys John PY Bobbins and M. J. Bogue, representing the Light Heat and Power com pany. . -!f ..: - -: .I'-' wts.i . , ;,, 1 As a result of the' conference the Light Heat - and " Power' "company -will not make the connections with the natural gas mains until tomorrow, but the company will do so then and proceed to pump artificial gas through the pipes, for its consumers pending court action. Injunction Asked. . The city this afternoon Hied an in junction petition in the ; Wayne cir cuit court asking the gas company be restrained from using the natural gas mains for artificial gas, alleging that it is a direct violation of the franchise of the Richmond Natural Gas com pany. Until there is a hearing on the in junction the Light, Heat and Power company will use the old gas mains for artificial gas. City Attorney Gardner says the con nection will not be a violation of the franchise but if they run artificial gas through the pipes it means they have violated the natural gas franchise. The conference between representa tives of the corporation and city was a stormy one and lasted for several hours. The L. H. and P. contended that it was to the benefit of the peo ple of the city that the company should use the old mains. Public Makes Demand. . Schornstein declared that every day many people were coming into the office of the Light Heat and Power company, almost demanding that they be furnished with gas. "At first" declared Mr. Schorn stein, "we thought we'd obey the or der of the board because we had not the least idea what a demand for gas there would be when the natural pro duct was cut oftV -We could not' con scientiously do otherwise. - "The people did not know the situa tion when they demanded that the council and board of works restrain the company from using these pipes, added Schornstein "Now when they haven't any gas and we are not able to put in gas for them for several weeks or a month, unless the old mains are used, they are beginning to realize what it means. Why, Mayor Zimmerman you are only Inconven iencing your own people,", he conclud ed. At first an attempt was made by the city officials to hold the men making the connection for the company in jail but after Attorney Robbins J had de manded to know what their offense was. and what their bond would be. v" 'Z TjTJSr they were released by an order of the j Si ".T'J nd th they mayor. " Not Mayor's Fault Mayor Zimmerman said it was not his fault that the company has been ordered not to use the old pipes. He said the board of works had been noti fied to do so by a practically unani mous vote from dty council and the councilment had been so ordered by their constituents. He declared that the company would have to "be brought to time," some way, for the price of gas here, he said, was much higher than at any other, place and It should be lowered. Manager Schornstein explained the high price of jgaa in Richmond was the result of several things. He said that sixty cent gas here was simply impossible and the man that sug gested it was s fool He said that at Hamilton and Indianapolis, dttes hay- ing cheaper artificial gas than Rich mond, there ia a big market for the ammonia, coke and tar which comes from the manufacture of artificial gas, while there is no - auch market In Richmond. At Indianapolis. Mr. Schornstein added, of the $220,000 yearly; receipts of one of . the light plants, three fourths of it waa re ceipts from the sale of ccL tar and ammonia. "That's why cheap gas in Richmond la impracticable," he con cluded. - , The first intimation that the Light, Heat and. Power company was about to violate the order of the board of works, waa about seven o'clock this morning. Bsaeher Turns Sleuth. City Clerk Baits Bescher was just coming down to his office and when passing Second and Main streets no ticed employes of the L. H. and P. company digging hitches in the street On making an investigation Bescher. learned from Bartley Gordon, who' was directing the light Heat and Power gang, that the company was about to connect its pipe lines wltia the bid lines of the Richmond Natur al Gas company. He was notified Immediately by Clerk Bescher that he was vlolatf3 the order of the hoard, but he claimed he was working under orders of the company and would ? not obey the clerk's order. He was also notified by President Hammond, of the Board of Works, but paid no attention to the order. - : A short conference of dty oC&sls was held m the office of Clerk Bescher and after asking City Attorney A. IL Gardner's views on . the matter, the mayor visited the scene of the alleged violation. - Refused to Stop Work. - . Foreman Gordon, of the company, refused to order his men to stop work when commanded to do so by the mayor, saying that he was working through his superiors - and not- the mayor. However, the work was stop ped when Mayor Zimmerman threat ened to give every laborer in the Oc2i 140 days in jail for violating his organ. w j.n. t ueae arrested were: Bartley Gordon, foreman; Fred Wee ton, aststant foreman and laborers Pttte Fetro, M. Lee. Pond Area, oJha F. Conningham and William Garraw. No resistance was made to the arrest. Both the dty and Light Heat and Power company are confident as to the outcome of the case. Mayor Zim merman said: - "Well stand right here on the mat ter and fight them to the bitter end. If there is any power on earth to pre vent the light. Head and Power coo pany from using the old mains far crtJ-' fidal gas, well prevent them. What Carener Cays. City Attorney Gardner; is .stats- :; ment - said: The ' taactaost C " against the company wQ be Cad time this afternoon, bet T c t:Z (Contuiel ex V: - - - s.