davidaulloa/AmericanStories huggingface dataset:
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-05-01

lines II the act itself conferred a new
franchise upon the company "a different
question might be presented, as the Con-
stitution cannot be evaoed by the creation
subsequent grant TO IL OF extraordinary
powers by special act.
LEGISLATURES COMPETENCY.
We have not been unmindful that the
act Of 1897 relative 10 fares was an amend
ment of the charter Of all street-railroad
companies operating in cities having a pop
ulation Of more than one hundred thousand
persons. But IL it be objected that the act of
1899 implicitly gave the appellee a right to
contract relative to fares that 1t did not
possess after the act Of 1897 became a
law, the answer to that is that if il was
competent for the General Assembly TO lay
that burden on appellee after il was or
ganiZed under the reserved right of amend
ment, then 1t was also competent TO repeal
the act that created the burden In other
words if the NaVin case, uphOlding the law
of 1897, correctly decided that that law did
not amount 10 the creation or a corporation
by special law, then, by the same token,
it must be held that the law of 1899, taking
away the disability, is not obnoxious to
that constitutional provision.
The act in question is not invalid because
ii is not a general law. The power of the
General Assembly to pass local and special
laws finds it's restraint in Section % of
Article of the State Constitution. The
General Assembly IS by. that section denied
power to enact local or special laws upon
seventeen subjects. The next section or
dams that lin all the cases enumera ted in
the preceding section, and in all other cases
where a general law can be made applica-
bic, all laws shall be general and of uni
form opera ton throughout the State" AS
the subject matter OF the legislation in
question does not fall within said Section
p it must be held, il has been held by
this court since the decision OF Gentle Us.
State, % Ind, 400, that the determination
of the General Assembly that a law not
relating TO any Of the subjects mentioned
in said Section % cannot be made general
Is not subject to review by the courts
The fact that the General Assembly en-
acts a special or local law not compTe-
hended within said Section p is per Sc a
legislative declaration that "A general law
cannot be made applicable State VS.. Kol-
sem, supra; Mode VS.. Beasley, supra
Woods VS.. Mckay. supra; City of Indian
apOlis VS.. NaYin, supra
Objection IS made by appellant to some
OF the sections of the act that have not
mentioned, such as the grant of the right
TO purchase other streetrailroad lines in
said city. etc AS IL might be conceded
that all of these sections were unconstitu-
tional, yet, as enough would remain to au-
thoriZe the making of a contract as TO
the rates Of fare, we deem ii unnecessary
TO decide any such further questions. The
court below did not err in sustaining the
demurrer to appellants complaint.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-05-01
MONEY FAILED TO TALK.
One Instance Where 1t Was Not as
Good as Certified Check.

Money talks"-that is. someumes-and
then again it does not. Lawson & Baxter.
q local firm Of cement contractors, had a
disagreeable demonstration of the oc-
casional reticence Of cash recently in the
Office Of the Board of Public Works. The
firm submitted a bid for laying cement
sidewalks on Nineteenth street, between
Hillside avenue and the Lake Erie & West
eTn tracks. accompanying their bid with
two certificates. each good for $50 of
Uncle Sans gold. When the bids for this
particular piece of work were oDened Il
developed that Lawson q Baxter had
named the lowest figure and were, there
fore apparently the successful bidders. To
their amaZement and CONSERVATION. how
ever, they were informed by the board that
the bid would have to be thrown out be-
cause IL did not comply with the infiexible
rule that certified check for 500 must ac-
company each bid on an Improvement con-
tract.
When Clerk Sidener returned the money.
Mr.. Lawson said sadly. well. this expert
encc has been a pretty good teacher for
us We have not bid on public work for
some time and forgot the rule about certi-
fed checks"
ct is pretty tough" replied Mr. Sidener.
but you see the board has TO enforce the
rule because il we accepted cash IL might
get mislaid. We have no facilities for car
Ing for cash in this Office. There was time
j believe, when the rule was not adhered to
so rigidly. but on a certain occasion 800
became mislaid and failed to turn up. Then
the Board of Public Works determined to
take no more chances with money"
An interesting instance of the survival of
an old-time method of transacting business
was given when Mr.. Lawson picked up one
of the gold certificates. folded il carefully
and deposited IL almost with reverence III
his pOcketbOok, at the same time remark
ing 10 his partner, There Is your money,
Baxter'-pointing TO the remaining certi-
6cate lying Sidener'S desk.
There is a firm that evidently does not
keep partnership accounts" remarked Side
ner. "They believe in the old plan of divid-
ing equally as YOU 60"
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-05-01

IL was expected that the Board OF Public
Works would announce yesterday the sue
cessful bidder for the work OF sprinkling
the city's streets for the season of 1902
No decision was made. however as the
city engineer has not finished his examina-
ton OF the bids. IL is understood that the
firm OF Rust * Remington. who had the
Sprinkling contract last year will get the
job, as their bid IL not only the lowest, but
IS the most favorable in other ways They
propose TO sprinkle according TO the speci-
ncations three times daily for $3.50 per
10000 square feet, and twice daily and three
times on Saturday for $40 per 10 900
square feet. The board favors the bid Of
the firm because IL submitted no extra
charge for sprinkling twice daily with an
extra sprinkling on Saturdays The board
would have preferred. IL is stated TO have
granted three years contract at a lower
rate. but the bid OF Rust & Remington is
too favorable TO be passed by The deci-
sion will be announced probably to-day
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-05-01
CITY's PARK SYSTEM. .
Superintendent Power Realizes the
Need for More Money.

Need for More Money.
"It is this time of the year." said ].
Clyde Power. superintendent of parks. yes
terday. that makes me long for moro
money to better our park system. 1 am
aware that people have heard the same cry
from me before. but never was there more
cause for az appeal The Park Board was
granted last year an appropriation OF about
$1,000. AS a matter of fact it should have
hSd Just twice that amount; $50, 900 would
not have been too much. Ii requires s6s 900
or 5000 70 maintain the Indiana polls perks.
ana our scanty appropriation leaves abso-
lutely no money for permanent improve
ments. l would like to have people think
these things over when they go out to the
Tarks this fine weather.
There are other things park visitors
could think over to their advantage and
our own, he continued That is resist
Ing the temptation 10 commit acts Of van
dalism- One of the cOmmOnest practices
OF people who ride or drive through the
parks Is 10 pluck at branches of trees and
break them off for mere amusement and
sport Some of the finest young trees in the
parks have been trretrievably injured in
tlat manner. Another thing is the proper
care OF grass. We don't object IL people
walk on the grass because the turf Is prob
ably improved by being treaded, but the OBJ
Jectionable thing is having people form
Another thing that people should be careful
about Is throwing waste paper and refuse
objects in the parks. 1t makes trouble and
work Tor the caretakers and Injuries the
appearance OF the parks"
Mr.. Power said he thought that the parks
would be better patronized this year thar
ever before. II think people are beginning
10 realize. he said, that indianapolis has
nne park system for a city OF it's size.
Then, too, parks present themselves more
and more as the best places for all sorts
and conditions OF men 10 obtain rest and
relaxation" Mr.. Power said that the hand
some shelter house at Garfield Park will
soon be In condition 10 be used by the pub
lie 1T is one OF the finest improvements
In our parks, he said, and must be seen
10 be appreciated
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-05-01
Flower Missions Request.

The Board OF Health yesterday took up
the proposition from the members of the
Flower Mission for permission to locate on
the grounds of the City Hospital the pro-
posed home for incurables. The Flower
Mission intends 10 build such a home with
the money IL raised. in addition to the 5000
given by an unknown person some time
ago. The board. after comforting with
Mayor BOokwalter. said il favored grant
ing the Flower Mission its request. An or
dinance will be introduced along that line
Monday night in the City Council.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-05-01
SENT TO THE WORKS.
Henry Hasselburg Sentenced, but
Young Boys Are Released.

Henry Hasselburg, who is said to have
encouraged a number of small boys to steal
junk and sell it TO him. yesterday sem
fenced to the workhouse for six months
by Judge Afford, of the Criminal Court,
on a charge of receiving stolen goods. VIII
lie Hasselburg, twelve years old; Harry
Lymon, fifteen; Harry Burris, nine: Roy
Burris, twelve; James Longmire twelve.
and Eddie Harter. twelve, the boys charged
with doing the stealing. were arraigned be-
fore Judge Afford on charges of grand lar
ceny, and sentence was suspended on all
of them, with the exception of Longmre
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-05-01
Board Not Losing sIeep.

The Board OF Public Works has decided
20 resurface with asphalt Pennsylvania
street from Washington street 10 Mary
land street. and Virginia avenue from New
Jersey street 20 East street. and from the
first alley north OF Stevens street to the
alley south OF Prospect street. Mr.. Sidener
clerk or the board said yesterday that
as usual n would be provided that pitch
lake asphalt shall be used by the contrac-
tors doing the work. Mr.. Sidener said that
the board is not losing sleep over the ex-
tstence OF an alleged asphalt trust said to
be all powerful in controlling local street
improvements.
The board" said Mr. Sidener. 'endeav-
ors 10 procure tie material that experience
has shown 90 be the best Testimony OF ex-
perienced engineers and street-surfa cling
men In this city show that the pitch lake
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-05-01
Pickle Sign FIamed Up.

Crossed live wires were responsible for
calling out nearly ali the fire departments
last night at O'Clock The wires in the
big electric sign Of Heinz & Co, on top of
a building at Kentucky avenue and Illinois
street, last night failed 10 work as they
should The operator turned the Y switch
and a large blue flame resulted, followed
by a cloud OF smoke. The Waterman in the
courthouse tower saw the flash and turned
in box No. a. Nearly all the fire apparatus
in the city responded. but on it's arrival the
sign had grown dark
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-05-01
ASSAULT CASE DISMISSED.
Mrs. Adah Root VIII Not Prosecute


Mrs. Adah Root VIII Not Prosecute
DIR. a. l.. Sterne.
The $4,000 damage suit filed against DIR.
Albert +. Sterne by Adah Root suddenly
terminated in the Superior Court yesterday.
when the pleadings were dismissed. The
woman alleged that DIR. Sterne had as
saulted her in his office. Some time ago
a petition was filed with Judge Carter ask
ing that she be ordered to submit to an
examination by DR.. Sterne's attorney. She
failed to appear for the examination, Civ
ing as an excuse that her mother was very
ill and believed TO be on her deathbed. An
affidavit was filed yesterday by DR. Sterne
saying that it was not believed that her
mother was ILL., as represented, and asked
that Mrs. Root appear before Judge Carter
and show cause why she should not be held
for contempt of court and punished or
dismiss her pleadings. Soon after the at
fdavit was filed the pleadings were dis
missed.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-05-01
Rachel Allen Lost Her Husband.

Rachel Allen Administrative of the es-
tate of Jeremiah Allen yesterday filed suit
against the city of Indianapolis and the
street car company for $4,000 damages for
the death of her husband Allen was
struck by "A street West Michigan
street. near the White river bridge, and
thrown down the embankmeat. His head
and side were injured After being con-
fined in the City Hospital for some time he
was sent TO the Insane Hospital, where he
died as result of his injuries
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-05-01
A Hearing To-Morrow Night.

The Council committee on contracts and
franchises will meet tomorrow evening for
the purpose of giving the public oppor-
tunity of discussing the pending meter or
dinance. By an error the date OF the meet
ing was stated in yesterday morning s
Journal as Thursday evening.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-05-01
Special Council Meeting.

At a special meeting Of the Council yes
terday afternoon Mr.. Negley introduced a
resolution expressing the sympathy of the
Council TO Mr.. James +. Berry. member
from the Thirteenth ward in the loss of
his mother. Vice President Rhodes ap-
pointed a committee TO attend the funeral.
consisting of Messrs. Billingsley, Sourbier.
Wahl and WaTweg. committee was also
selected TO procure a floral Offering. 1t
consists of Billingsley, SOurbier and War
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-05-01
In the Probnte Court.

Edward c. Thompson was yesterday ap-
pointed administrator of the estate of Mary
Thompson and gave a bond of $4,000
Andrew Helm yesterday filed a petition
in the probate department for the appoint
ment of a guardian for his mother. Dor
othy Helm, who is eighty-nine years old.
He ayers that she is not capable of taking
care of her property.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-05-01
Hazel orme's Parents Released.

John and Belle Orme parents of Hazel
Orme, charged with cruelty to the child
were yesterday released from the charge
by Judge Afford of the Criminal Court
Kate and William Martineck who kept
the girl and were charged with treating
her cruelty. were fined and sentenced TO
one day in the county jail. Orme and his
wife were each fined $50 and sentenced to
80 days in the workhouse in the Police
Court, and the MartineCks received similar
sentences i'm the lower court
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-05-01
Foot Bones Broken.

Fillmore Collier yesterday filed suit
against the Malleabe Castings Company
for $1,000 for personal injuries alleged TO
have been received while employed hv the
company. He says wheelbarrow filed
ing the bones
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-05-01

The will of Lewis George, probated yes
terday, leaves all of his personal property
TO his daughter, Eleanor Debolt, and a life
interest in his real estate At her death
the property is TO be divided among his
four sons. Elias O., Curren NJ, Willis b.
and Vernon George.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-05-01
a Suit for $4,000.

Ernest V. Clark, administrator of the
estate of Benjamin Magee, yesterday fled
suit against the Big Four Railway Com
pany for $4,000 damages. Magee was a fire
man on the Big -Four. and was killed in
a collision
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-05-01
Funeral of Mrs. w. III. wishard.

The funeral OF Mrs. w. II. Wishard win
take place to-day from her late residence.
No. 500 North Capitol avenue. The service
Will be conducted by her former pastor,
the Rev. II. Y. Hunter. of Buffalo. n. Y.
formerly OF the Seventh Presbyterian
Church OF this city.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-05-01

asphalt seems 10 give bette results than
the overflow asphalt for which so much
has been claimed"
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-05-01
THE COURT RECORD.
SUPERIOR COURT.


Room John L. McMaster. Judge.
William Cooper ct al. vs. William Hub
bard ct al; damages. on trial by jury.
Room FLAMES NJ. feathers, Judge.
James H Miles VS.. G.. c, c. & St. L. Ry
Co.. damages. on trial by jury.
Room 3-Vinson Carter Judge.
Charles H. c. Mahan VS.. Wesley NJ
Gerard ct al; on note. Finding and iudg
ment against defendants for $S4e6 an,
costs.
United States Fidelity and Guaranty Co
VS. George b. Young: note. Finding an,
judgment against defendant for S144 10 an,
costs.
CIRCUIT COURT
Henry Clay Allen. Judge
Gertrude Bartlett US. the Reliable Furni
ture and Carpet Company; damages Dis
missed by plaintiff. Judgment agains
plaintiff for costs.
Jesse Foltz Us. Jonathan Foltz ct al.
partition. Commissioner report OF sal
approved. Sale confirmed. Deed approved
Commissioner allowed $239.15 for services.
Thomas II. Robinson Us. Theodore ]
Bryan ct al; petition TO resist probate
Trial by jury resumed.
CRIMINAL COURT.
Fremont Afford. Judge.
Henry Hasselburg; receiving stolel
goods. Finding OF guilty. Fine Of 81 an,
sentenced TO Workhouse for six months.
Willie Hasseburg, Harry LymOn, Harr,
Burris Roy Burris. James Longmire an,
Eddie Harter; grand larceny. Each ente
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-05-01

was granted was powers to the city. I'm
der the act of 1899 il was within the au-
thority of the city TO have granted this
corporation or any other street-railrOad
corporation a new franchise The grant
applied to the city not only in it's rela-
ton to appellee. but in its relations to all
such corporations as might contract with
il. The act amounted TO no more than a
regulating of the right and a granting of a
more ample and definite power. Our cases
Of City of Indianapolis VS.. Navin. Isl Ind
1S9. and Bank OF Commerce VS.. Wiltsie, l5}
Ind 400. concusively settle the question
Under consideration against appellant. In
the Navin case it was said: when the
present Constitution of 1851 went into effect
on Nov. 1, 1851, there were a great number
of corporations in this State which had
been created by special acts. The Legis
lature, commencing with it's first session OF
1882 after the Constitution took effect.
again and again by special act enlarged the
powers and privileges Of such corporations,
but in no instance created corporation by
special act. thus recognizing the difference
between the creation of corporation and
the regulation of a corporation already in
existence. There sat members of the
Legislature passing such acts many per-
sons who had been members of the Consti-
tutiOnal convention and who were familiar
with the provisions of the Constitution and
it's intended reforms and changes. No one
questioned the right of the Legislature 70
pass such special acts, and for over forty
FIVE years the power assumed by the Legis-
lature has never been challenged, but has
been acquiesced in by the State and people.
This practical construction is influential.
1t is one thing TO create a corporation.
bring il into existence, and quite another
existing corporation 10 regulate its
contract ara relation as To other corpora
tions and persons. Ii has been decided ia.
many cases that wher a corporation has
been created "a special act regulating *
without changing the organization Of the
corporate body is not within the prohibl-
ton "
In the Bank of Commerce case il was
held that an act providing for the extern
sion OF the corporate life Of a corporation
CT eated by special act before the adoption
OF the present Constitution amounted 10
an effort 10 create corporation. and was,
therefore. In violation Of that instrument
but the Navin case and the Bank OF Com
merce case are written upon the same
The Springfield herald., 1902-10-17
ARTICLE XX.
CITY AND COUNTY OF DENVER.
INCORPORATION

Section l. The municipal corporation
known as the city Of Denver; and all
the quas!-municipal corporation known
as the County Of Arapahoe. In the State
Of celSraho f lh tha e,y ns ot DEN
yer a. the same shall be bounded when
this amendment takes effect. are hereby
be a. single body, polite and eo.Sera'e;;
by the name of the CITY and County of
Denver" BY that name said corporation
cwn. possess and hold all property real
and personal. heretofore owned; pos
sessed or held by the said city of Den
yer and by such included municipal cor
porations. and also all property. real and
held by the said county of Arapahoe. and
shall assume. manage and dispose OF all
trusts in any way connected herewith:
shall succeed to all the rights and liza
bilities, and shall acquire all benefits. and
shall assume and pay all bonds. oblisa.
tions and Indebtedness of said city. OF
Denver and of said Included municipal
corporations and of the county of Arapa-
hoe; by that name may sue and defend.
plead and be implended. in all courts and
places. and in all matters and proceed.
lngs; may have and u.,e common seal
chase. receive. hold and enjoy. or sell
and dispose of real and personal prop
nations OF all kinds. OF property. IN Zee
simple, or In trust for public, charitable
or other purposes; and do all things and
ucts necessary 70 carry out the purposes
OF such gifts. bequests and donations.
with power to manage sell or otherwise
dispose of the same IN accordance with
the terms of the gift. beGuest or trust.
shall have the power. within or without
its territorial limits. to construct. con-
demn and purchase. purchase. acquire.
lease add TO. maintain. conduct ard OPP
crate water works light plants. power
plants transportation systems. heating
plants and any other public utilities or
works or ways local in use and extent.
In whole or in part. and everything re-
cuired therefor. for the use OF said city
and county and the inhabitants thereof.
and any such systems. plants or works
or ways. or any contracts In relation or
connection with either that may exist
and which said city and county may de-
sire to purchase. In whole or in part. the
chased by said city and county which
may anforce such purchase by proceed
ings at law as In taking land for public
use by right OF eminent domain. and
shall have the power to issue bonds upon
the vote OF the taxpayinR electors. at any
special or general election. In any amount
necessary to carry out any of said pow
ers or PURPOSES. as may by the charter
be provided
The general annexation and consolida-
ton statutes of the state shall apply to
ehe city and county of Denver to the
same extent ard IN the same manner
that they would apply TO DC city of
Denver II It were not merged. as in this
amendment provided. into the city and
county OF Denver. Any contiguous town.
city or territory hereafter annexed to or
consolidated with the city and county Of
Denver under any Of the laws of this
State. in whatsoever county the same
may he Al the irne. shaI! be detached PEE