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The Madisonian. (Richmond, Ky.) 1913-1914, June 24, 1913, Image 1

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Disbursements Will Be Greater Than
Available Funds Payments May
Be Deferred Until Assembly
Western Newspaper Union News Seivice,
Frankfort, Ky. The' Confederate
pension act of 1912 is constitutional,
declared the Court of Appeals, and sol
diers who fought in the Confederate
army for the principles of state sover
eignty performed a public service to
their respective states as much as did
the soldiers of the Federal army. The
court renewed the causes leading up
to the war between the states and
Kentucky's attitude, and argued that
the war between the states, instead of
being a "war of secession," wrought
a "revolution" and the "Union as the
fathers understood it was" merged into
a nation." The opinion, from which
Judge Lassing dissented, all the court
sitting except Judge Nunn, was hand
ed down by Chief Justice Hobson in
the case of Henry M. Bosworth, au
ditor, against James Harp. The Frank
lin circuit court had granted a writ of
mandamus to Harp, a Confederate vet
eran, to compel the state auditor to is
sue a warrant for his February pen
sion claim. The auditor had refused
to issue warrants for the claims al
lowed 'up to February 5 because his
bondsmen had questioned the constitu
tionality of the act, and he and Capt
' W. J. Stone, state pension agent, ar
ranged this test case. Capt, Stone, who
is not an attorney, was permitted to
address the Franklin circuit court and
again the court of appeals, a copy of
his speech being filed at the request
of the court, with the briefs in the
case.- Judg'e James IL -Uazelrigg, and
D. L. Hazelrigg and J. W. Blackburn,
Jr., of Frankfort, volunteered their
services as attorneys.
If the provision of the Confederate
. pension, declared constitutional by
the Court of Appeals, that "the audi
tor shall issue his warrants upon the
treasury, for the' respective sums and
the treasurer shall forward a treasury
check to the address of the pensioner,"
is mandatory in requiring the pay
ment fcf-pension claims with checks,
the fiscal officers of the state have a
financial problem to solve. The Pen
sion Board has so far 'approved : 504
claims, and 2,300 more claims are
awaiting the action of the board. Two
quarterly payments have been passed,
pending the decision of the court of
appeals, and another is due in August.
These pension claims when, allowed
drawn payment from the date of ap
plication. Many of them will be en
titled to a year's pay at $10 the month.
If. the remainder of the claims are al
lowed before August, it is estimated
that the state will face a disburse
ment of from $300,000 to $325,000, and
the longer it Js postponed the heavier
the disbursement will be. The state
has less than half that amount in the
general expenditure fund and little
revenue will be coming in for several
months. It is possible that, if the pay
ments can not be made in interest-
bearing warrants, payment will be de
ferred until the general assembly
meets and sets aside a special levy for
the - payment of pensions. . A levy of
2 cents will take care of it.
Capt. W. J., Stone, state pension
agent, has asked the auditor and
treasurer to hold a - conference with
him in regard to the situation and de
cide definitely-what they will do, so
that he can satisfy the pensioners,
who will be inquiring of him when
their money will.be forthcoming.
1 Burley Tobacco Growers' Victory.
The 40,000 burley tobacco growers,
comprising the Burley Tobacco So-
ciety. have the right to cast their votes
in proportion to the shares of stock
they won in the society and the Direc
tors of the Burley Tobacco Co. do mot
have the right to cast these votes for
. the members of the society. The Ap
pellate, Court so decided, affirming the
judgment of the Kenton Circuit Court
'' in the case of Clarence, Lebusi, etc.,
against E. B. Stansifer, etc. TheiAp
pellate Court reversed the . judgment
of the Woodford Circuit Court in the
case of J. H. Polsgrove, Mayor, against
Dulin Moss, in which the tenement or
dinance passed by the Council of
; Frankfort was declared to be ' valid.
The Court holds that any property
' owned by persona who are notified
that property is unsanitary or danger
ous may be demolished after a. court
-,- of competent jurisdiction has passed
npon the case. The property of Moss
in this case was used by agreement for
.tbe purpose of testing the law. .;:
Court Deplores Possibilities of Dis
aster to Rights of Candidates ' and
Voters "Defects in Statute Demon
strated By Cursory Reading," Says
i i m
Western Newspaper Union News Service.
Frankfort. "Confusion worse con
founded" describes the provisions for
the qualification of candidates in the
state primary act of 1912 after the
court of appeals passed on them, or
rather regretted that it could not do
so effectively, and . concerning which
the court remarked; "We well appre
hend and deplore the possibilities of
disaster to the rights both of candi
dates and voters that flow from the
committal into so many different judi
cial hands, some of them unskilled,
and others, perhaps, partisan, the sum
mary and final correction of evils de
signed to be prevented by the section
of the act in question.
This section provides that: "When
ever it shall be made to appear by affi
davit filed in the circuit court that an
error or omssion has occurred or is
about to occur in the placing of any
name on an official primary ballot or
that an error or wrong has teen' com
mitted in printing such ballot, or in
the performance of any duty imposed
by this act, the court shall order the
officer or person charged with such
error, wrong or neglect, forthwith to
correct the error, desist from the
wrongful act or perform the duty or
show cause why he should not be com
pelled to do so. Failure to obey the
orders of the judge or court shall be
contempt of court and punishable as
such. If the circuit court be not in
session in the county, the circuit judge
shall hear and v determine the com
plaint in vacation unless he be absent
from the county, in which case said
affidavit shall be filed before the judge
of the county court, who shall have
full power to hear and determine the
complaint and make appropriate or
ders therein. The orders of a court
or judge under this section shall be
final and not appealable. Only candi
dates may institute proceedings under
this section." This the court of ap
peals said is the exclusive 'remedy of
the candidate, who can not proceed in
equity to secure his rights.
Reduction in Earnings.
With the exception of the Illinois
Central, raises were made by the State
Board of Valuation and Assessment
assessing the value of the total capi
tal of the four railroads which are con
testing the franchise assessments of
1912 in thfe Federal Court. Because of
a showing in its returns to the board
of a reduction in earnings by reason
of floods and strikes the Illinois Cen
tral's total capital valuation was re
duced by the board from $27,000,000 to
$25,000,000. The L. & N. was raised
from $74,000,000 to $76,000,000; in Cin
cinnati, New Orleans & Texas Pacific
from $16,000,000 to $17,000,000, and the
Chesapeake & Ohio from $25,000,000
to $27,000,000. The Kentucky & In
diana Terminal Railway Company, of
Lioulsville, was raised from $2,779,000
to $3,579,000. Other assessments of
the total capital of transportation com
panies made werer Louisville, Hender
son & St. Louis, $3,256,250; Nashville,
Chattanooga & St. Louis, $1,200,000:
Glasgow Railway, $250,000; Ashland
Coai & Iron Railroad Company, $821,
530; Lexington & Eastern, . $2,400,000;
Adams Express Company,' $900,000;
Southern Express Company, $350,000 ;
American Express Company,- $200,000.
The total capital fixed by the board is
the amount upon which the corpora
tions, must pay taxes and Includes both
the value of the tangible property and
the franchise. Tt represents a capital
ization of the earnings of the corpora
tions and is based on reports made to
the board lor the year ending June 30,
1912. These assessments are tentative
and subject ' to ' revisions, after hear
ings, if the corporations protest
Do Honor to Heroes.
The centennial of the Battle of the
River Raisinand the massacre which
followed in January, : 1813, - in which
many hundred . brave Kentuckians
were , slain while, in def ensia' of -' the
Northwestern', frontier under Gen.
James - Winchester and Cols. Allen,
Lewis, Madison and Capt Hart, was
observed -at ' Monroe, Mich., j In most
interesting commemorative cere
monies. The "two principal Addresses
were given by Goy. Woolbridge N.'Fer
ris, of Michigan, and Lieut. Gov. Ed
ward J. McDermott, of Kentucky.
Gov. Ferris alluded to the heroism and
patriotism of Kentuckians, the gallant
services rendered to the settlers and
to the nation in the early days ' that
tried men's souls. Gov, McDermott's
eloquent address was in the' speaker's
best vein and gained rounds:of hearti
est applause from the large audience
assembled in Memorial Park. . .
During the coming celebration of the fiftieth anniversary of the battle
of Gettysburg this house, which was General Meade's headquarters, will be
a center of interest It is on the Tarrytown road.
Sugar Men After Wiley Letters of
Beet Men Show Contract for Food
Expert to Lecture.
WashingtonJune 20. A resolution
to broaden the powers of the lebby
committee to call Robert S. Lovett of
'New York to explain statements that
the Union Pacific authorities have
been approached by persons profess
ing to have influence in the Union Fa-ciflc-Southern
dissolution proceedings
was proposed on Wednesday bjr Sen
ator Norris.
More letters and telegrams from the
private files of the anti-free sugar
"lobby" put Into the record .of the
senate Investigating committee pur
ported to show that the beet sugar
men furnished the sugar tariff argu
ments contained in the Republican
national campaign text book of 1912;
engaged Dr. Harvey W. Wiley, former
government pure food chief, to' deliver
lectures; expressed "great doubt" of
former President Taft's ability to car
ry such states as California, Idaho,
Utah and Colorado, and added, "if we
don't head him off we might be able
to get . a promise relative to the sugar
and tobacco industries,"
Emulating Miss Davison, He Hurls
Self, at Belmont's Horse
at Ascot.. '
Ascot Heath, England, June 21. A
desperate male suffragist, in the pres
ence of King George, Queen Mary and
a' brilliant concourse of race goers,
dashed upon the race track here on
Thursday during the running of the
$17,500 gold cup event and in a spec
tacular effort to break up the contest
received mortal injuries , .
The man. ran. directly into the path
of August Belmont's American horse
Tracery just as it was entering the
stretch. He was knocked down and
as he fell his revolver went off, the
bullet lodging in his head.
Letters in the pockets of the suffra
gist, showed his name to be Hewitt
and that he was a student at Trinity
college, Cambridge.
Tracery wavered,' throwing Jockey
Whalley, who turned a complete som
ersault in midair. The . multi
tude was struck into horrified Inac
tion and silence, so swiftly; was the
tragic scene enacted. '
London Militants and Male Adherents
Are Convicted . on Malicious
Mischief Charge.
London, "June" 19. Six of the most
prominent leaders of the militant suf
fragettes' organization and one of
their male "supporters were ' Tuesday
found guilty at . the Central criminal
court of conspiracy to ' commit ma
licious - damage to property. Those
found guilty were Harriet Kerr. Agnes
Lake, Rachel Barrett, Mrs.- Saunders,
Annie Kenney, Laura ' Lennox, E.
Clayton. ' - ' "
Erie Telegraphers Get Increase." ';.;
- New , York, June 21. A. 'committee
representing the Erie Railroad com
pany' telegraphers anounced. that the
rwsnt rnnffrenees with the company's
officers terminated with au agreement
. ... . --
to grant the committee a aemana.
- 1 1 i'-'l -S3-
Dynamite Safes, but Fall to Secure
Any Booty Cower the '
Springfield, 111, June 19. While
posses were ucouring Springfield and
outlying districts Wednesday morning
for the two masked robbers who at
12:30 a. m. held up north-bound Dia
mond Special on the Illinois Central at
Glenarm, south of this city, the be
lated train left Springfield at 4:00
a. m. for Chicago.
. Rumors that $30,000 was, taken from
the express safe were denied here this
morning, officials of the railroad de
claring that the bandits opened, only
the small safa in the express car and
did not enter the big safe, which con
tained a large sum of money.
The two men stopped the train when
it was about three miles north of Glen
arm. They forced the trainmen to de
tach the engine and the express car
from the rest of the train. They then
compelled the engineer to .carry the
detached train north, and while en
route the dynamiting of the safe was
Engineer A. J. Snell and. Fireman
Tom Miller, both of Clinton, and Bag
gageman A. S. Pugh and E. J. Hoep
ner, both of Chicago, were compelled
to stand in a ditch beside the engine.
One bandit "covered" them with two
huge revolvers, while the second ban
dit fired several, shots of dynamite de
liberately at the big safe.
For an hour the bandit worked at
the safe, firing shot after shot. All
this time the train load of passengers
trembled for fear the train would be
visited by the bandits. '
Officers arrived on the scene in a
special tralnJ They scattered out and
approached the engine and baggage
car. . Officer Maurice O'Leary was far
in the lead of the other officers. Sud
denly he was accosted by one of the
bandits,! who thrust a gun into his
face, took his gun from him and threat
ened to kill I Jm; : ,
' Sandusky, O, June 19. One person
was ' kiilled, ' many " persons stunned,
several had close - calls from fire, a
large number of buildings were
burned, including two churches and
a library, and much live stock killed
on Tuesday tin one of. the most severe
electrical storms ever experienced in
north central Ohio. The storm . fol
lowed the hottest " June day in the
history of the state. y v
Copenhagen, June 20, King Chris
tian summoned 'ex-Premier Zahle, the
radical leadtir, to form a new cabinet.
The resignation' of the last ministry
was accepted June 12.
. Des Moines, la,, June 20. Fire de
stroyed, the S. Lagerqulst Carriage
company's plant. Twelve automobiles
burned. This loss was $50,000. J :
Mason City, la., June 20.- John
Knowles, eon of George W. Knowles,
assistant postmaster of Philadelphia,
was arrested in the post office here on
the charge lit stealing more than $1,
000. After j a . hearing in the federal
court at Fort Dodge he will be taken
to Philadelphia, . i
San Francisco,. June 21.7-Light-weight
.Cbaimplori Willie Ritchie an
nounced thai, all further relations be
Itween himself and Billy Nolan, as his
manag$r wijre . aL an eiia . ,: .
Changes Have Support of Senate Fi
nance Body, Which . Has Submitted
Bill to Democratic Caucus Oppose
Currency Bill.
Washington. June 23. Wilson in
formed his . cabinet that he will sign
the sundry civil appropriation bill
carrying $116,000,000' and that he will
issue a statement giving his reasons
for doing so.
The Underwood tariff bill as amend
ed by the senate finance committee
was submitted to a caucus of the sen
ate Democrats. ThL; marks the last
important stage of the bill t-efore it
is finally reported to the senate and
made the target for Republican at
With large additions to the free list
and drastic reductions in - the metal
schedule, the Underwood tariff bill as
amended by the senate finance com
mittee and reported to the Democrat
ic caucus was made public here. The
revenue producing qualities of the bill
have been increased, however, In the
face, of many reductions by a provis
Ion imposing a duty of five cents a
bunch on bananas and removing from
brandies used in fortifying American
wines the large preferential hereto
fore given them.
Wheat and flour have been retained
on the free list subject to a fixed coun
tervailing duty. The . bill as reported
Is expected to produce five million dol
lars more revenue than as passed by
the house. The only material increase
in' duty . was in the cotton schedule.
This like the wool schedule was re
classified to place slightly higher du
ties on highly manufactured prod
ucts. As reported to the Democratic cau
cus by the senate finance committee,
beet and sugar cane machinery, aliza
rin and colors obtained from anthra
cene have been added to the free list
Russian seg. New Zealand and Nor
wegian tow, jute waste, suitable for
the manufacture of paper, all books
used in schools and educational insti
tutions, sand blast and sludge ma
chines, all hydraulic machines, catgut
for surgical use, creosote oil, glaziers
diamonds and diamond clust, and eggs
of all fowls have been placed on the
free list
Cattle, sheep and all other domestic
live animals suitable for human food,
not otherwise provided for, are other
additions to the free list.
Opposition to the ' Owen-Glass cur
rency measure was voiced by the mi
nority members of the senate banking
and currency committee. The pro
posed Democratic bill was termed an
extension of the Vreeland measure
and contains defects that must be
eliminated before - it is enacted into
law. The Republican committeemen
also asserted that the currency legis
lation could not be enacted at the
present session of congress without
Republican support.
Federal control of banking as pro
vided in the new measure was criti
cized especially and the different rates
of Interest provided for the proposed
banking regions were attacked.
Senator Nelion, ranking minority
member of the committee, said:
"I believe many changes will have
to be made before the public will sanc
tion the new bill,
"I thought they were going to give
us something new," said Senator Brls
tow, . "but they only have foisted off
the" old Vreeland measure with all its
defects." .
"I think there are many things that
will have, to be changed In the meas
ure," said Senator Weeks, "though I
am heartily In favor of currency legis
lation during the present session."
Frank Sullens and Ernest , Harrison
Given Twenty-Five Years for
N . - Holding Dorothy Holt.
Salem, 111., June 22. Frank Sullens
and Ernest Harrison were on Friday
found guilty here of kidnaping Doro
thy Holt, daughter of the assistant
state's attorney, and ther punishment
was fixed at twenty-tflve years each
in the penitentiary. The jury,1 which
has heard the evidence in the case for
a week, returned its verdict ' after
many hours of balloting. '
fThecase created a furore in (the
city; When the men were arrested
they were" only rescued from being
lynched bjr caUing out the militia' and
putting the city under martial law. .
Wilson at McAdoo Wedding.
Washington. Juna: 23. President
Wilson attended the wedding of Fran
cis Huger McAdoo, son of Secretary
3t the Treasury McAdoo, and Mise
Ethel Preston McCormick, step-daugh-
1 ter of Capt. L Emerson of Baltimore
Work of Extricating Dead and In
jured Made Difficult Owing to
Wreckage Mistaken Orders Be
lieved to Have Been the Cause.
Vallejo, Cal., June 21. Two Interur
ban trains on the San Francisco, Napa
& Callstoga electric line came to
gether one mile north of here on
Thursday and telescoped. Fourteen
persons were killed and twenty oth
ers were Injured, several fatally. The
trains were traveling at high speed
at the time of the collision.
In an instant the two trains were
reduced to a high heap of wreckage.
Passengers were heaped about and
buried beneath the pile of splintered
wood and twisted steel.
Partial list of'dead:
H. G. Hunt, San Francisco.
George L. Holzworth, San Francis
co. S. E. Jowewski, San Francisco.
Chris Koch, San Francisco.
Miss Gail, San Francisco.
J. F. Grabel, Vallejo.
E. C. Judd, Vallejo.
P. Herbert, Napa.
O. McQualde, San Diego.
S. H. Dayton, residence unknown.
Unidentified man.
The in-bound train was in charge
of William Laurez motorman, and
B. E. Catton, conductor. James
Hough was at the motor of the out
bound train with C. Richards as con
ductor. The work of extricating the passen
gers, some dead and others severely
injured, was begun at once. Owing to
the manner in which both trains tele
scoped It was extremely difficult to
extricate some of the unfortunate
men and women, who were burled
deep in the wreckage.
The train" from Vallejo to Napa
consisting of two cars, was crowded
with passengers from the steamer
Monticello from San Francisco, be
sides a number of passengers from
this city. The car from Napa was
well filled with passengers, a num
ber of whom were coming to Vallejo
to take the boat 'to San Francisco.
The crash came on' a straight stretch
of track at One Mile House. Mista
ken signals are said to have been re
sponsible for the wreck. Officials of
the company announce an Investiga
tion to lay the blame, just as soon as
all the injured are accounted for.
It was not until the trains were
within a few hundred feet of each
other that the motormen realized that
a collision could not be averted- Air
brakes were applied out the mo
mentum was too great.
There was a crash that sent pas
sengers from their seats beneath a
shower of splintered glaBS. The force
of the Impact telescoped the first two
front coaches. Passengers in these
two front cars were the most severely
hurt and it was from these cars, that
most of the dead were taken.
The other cars were tossed from
the track and piled high one over the
other. Beneath this heap of wreck
age lay the passengers.
The track for many yards around
was strewn with debris. Those who
had escaped more serious Injury
quickly went to the assistance of the
less unfortunate. ,
New Ruling Empowers Federal Inspec
tors to Confiscate and Destroy
Spoiled Shipments.
Washington, June 19. One of the
most radical and far-reaching exten
sions of the pure food and drugs act
since its enactment was made when
Secretaries Houston, McAdoo and Red
field, charged with enforcing this
statute, ruled that meat and meat prod
ucts in Interstate or foreign commerce,
which hitherto have been exempted
from the provisions of the pure food
law, may be seized If misbranded or
Illinois Legislature Passes Measure
That Auhtrolzes Control of Util
ities Vote le 111 to 1.
Springfield, 111., June 19. The house
late Tuesday night passed Governor
Dunne's municipal ownership bllL
Two minor amendments . were at
tached which the senate probably will
approye and the bill will then' go to
the -governor for his signature, it hav
ing originated in and passed the sen
ate. '! Sails for an Unknown Land. -Victoria,
R. C, June 19. The Stef
ansson arctic expedition, which left
here, differs from most polar under
takings in that its objects are practical
and commercial.'. - v -
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