davidaulloa/AmericanStories huggingface dataset:
The Paducah sun., 1906-03-15
City is Sometimes Responsible
for Mistakes of Its COuncilmen.
Contractor Is Not Required TO Know
Whether or Not an Ordinance
Is Legal.
FIRST DECISION OF IT'S KIND.

The reversal yesterday of the Me-
Cracken circuit court in the case of
e. C. Terrell against the city of Pa
ducalh seems to have decided new
point, If local attorneys have guessed
correctly. Until the opinion is re-
ceived, however, 1t isl not known
whether their surmises are correct
or not.
Contractor e. c. Terrell secured
contract few years ago for inn
proving Washington street from
First street to the river. An oTdi-
nance had been passed for the inn
provement. but it seems that provis
ion for sidewalks had been over
looked and the ordinance under
which Contractor Terrell secured
the contract said nothing about side
walks
When the improvement was fin
iShed Mr. Terrell became involved
in a controversy and had TO go into
for his work
The main objection was that the
ordinance was invalid, that il was a
botch, inasmuch as the city had left
nothing for sidewalks, when the law
expressly requires that there shall
always be left room for sidewalks in
street improvements.
The McCracken circuit court heard
the evidence and rendered judgment
against the marine ways company
and the elevator company for the
regular width of the street, but de-
cllned to give Mr. Terrell a judg-
ment fer the additional grading and
graveling he had done over the por
ton that should have been side
walks.
He then sued the city, and the city
came in and claimed that 1t was not
liable for any part of the improve
meut as, if the ordinance providing
for the Improvement was invalid.
the contractor should have known it
and not dome any work under it.
That IT was as much his duty to
know whether it was constitutional
or not as the city's. The McCracken
circuit court sustained this conten-
tion of the citys, and Attorneys
Bagby & Martin took an appeal.
They ccntended that contractor
had no means of determining the
constituttonality of an ordinance in
advance, and that he was justified
in presuming that city officials had
dome their duty and complied with
the law i'm passing the ordinance.
and that III was constitutional and
that he was safe in proceeding with
work under it That If the conten-
tion of the city was correct. no con-
tractor could safely take amy con
tract unless he first proceeded to
test 1t In the courts.
The court of appears yesterday.
according to the information re-
oeived here. sustained Attorneys
Bagby e. Martin. and for the first
time in Kentucky decided that X
makes no difference whether or not
an ordinance is legal, the contractor
is not expected nor required to
know it. 1t also makes a city indl-
rectly responsible for the Ignorance
and careiessness of its officials. In
this case, the councils failure To
provide for sidewalks in the ordi-
nance, resulted i'm extra work which
will now cost the taxpayers about
$500.
The Paducah sun., 1906-03-15
SHERRICK GUILTY.
Says the Jury-Punishment From =
to 20 Years.

Indianapolis, March 15.-David
Sherrick, former auditor of the state,
charged with embezzlement, and
grand larceny to the extent of $780,
600. was found guilty this morning
The punishment is from two to twen-
ty years in the pententiary.
The Paducah sun., 1906-03-15
TROUBLE on FROZEN CREEK.
Brcathitt County Man shoots and
Kills His Cousin.

Mt. Sterling. KY, March 15.-In
a pistol battle on Frozen creek. Brea-
thltt county. Green Maloney shot and
killed his cousin, BIN Maloneg. The
former discharged Bill from the mill
where they were working and trou-
BILE arose and the killing followed.
The Paducah sun., 1906-03-15
THIRTEEN MISSING.
But Most of the Crew Of the British
King We're Rescued.

New York. March 15.-Eleven sur
vivors of the crew of the British
King. arrived today on the Oil
Tank Steamer Mannheim. The Brit
ish King foundered Sunday in ter
rife storm and the men were oblig-
ed to jump overheard and swim to
the llfeboat. The Mannheim and the
steamer Bostonian rescued 13 of the
crew and landed them at Boston yes
terday. About 13 are missing.
The Paducah sun., 1906-03-15
Fire in Old Mattress Factory.

The No. fire department truck
went TO Third and Ohio streets this
morning to extinguish a small blaiie
I'm factory formerly occupied by the
Paducah Mattress company. Some
trash had ignited from spontaneous
combustion. The blaze was extin-
guished before It had gained head
way.
The Paducah sun., 1906-03-15
More Fights for Los Angeles.

Los Angeles. March 15.-Mayor
McAleer has refused to sign the or
dinance prohibiting fights at Chutes
park and the Gans-Sullivan match
win probably be pulled of there to-
night.
The Paducah sun., 1906-03-15
HEAVY SLEET
Ties Up Telephone Lines About Olive
Hill, Kentucky.

Olive Hill, KY, March 15.-The
heaviest sleet storm of the season oc-
Cured today. The telephone system
CURED today. The telephone system
is completely tied up and great dam
age is done TO long distance and tele-
phone wires.
The Paducah sun., 1906-03-15

this year at the meeting tomorrow,
and also viii consider the sprinkling
question. and make recommendations
to the council boards what districts
for sprinkling should be laid on, and
the council Will levy the necessary
tax.
The Paducah sun., 1906-03-15
san 600 Eirc A. Bristol.

Bristol, Tenn. March 15.-Ffre to
day destroyed the plant of the VIII
kinson Lumber Co.. Including mate
rial in the yards and nine freight
cars. The loss is estimated at sco,-
600.
The Paducah sun., 1906-03-15

Frankfort. KY. March 15.-Aftef
brief sessions to-day at which l.htle
was done. both houses and the SER
ate adjourned tlll Tuesday next at
noon.
IL was necessary for Gov. Beck
ham to announce this morning 10
Auditor Hager and members of rev.
enue committee Of the house who
ere drafting a bin defining the pow
ers and duties Of auditors agents
The Paducah sun., 1906-03-15
Local Market.

Country bacon-12 hc.
Smoked sausage-12hc.
Sweet potatoes-50c per bu.
Irish potatoes--S0c per bu.
Chickens-35c to 40c.
Eggs-15c.
Butter-20c.
Pork-6c.
Beef-2kc to 6hc.
Corn-50c per bu.
Hay-$10 to $1:.
Lard-10c.
The Paducah sun., 1906-03-15
steamer and All ON Board Lost,

Antwerp. March ia dispatch
received today states that the Be-
gian steamer Roidesbelges has been
lost in the upper Congo river. and
all on hoard Including Europeans
aud natives were lost. 4 =
The Paducah sun., 1906-03-15
Paducah Streets Cleaner Than Chi
cago's.

"Paducah's streets are cleaner,and
in a far better condition in every way
than Chicago's," said President e.
p. Noble, of the board of public
works today Mr.. Noble has just re-
turned from a trip to Chicago. II
saw last fails SHOWS lying on the
streets yet In slushy. muddy compo-
sstion and dirt lying around in great
heaps. Paducah's streets look very
clean in comparison.
The board of works will take up
the street cleaning proposition for
The Paducah sun., 1906-03-15
ANOTHER FIRE
Broke Out Today Ia the Courriercs
Mine In France.

Lens. France. March 15.-Fresh
fire broke out this morning in the
Courrieres mine. the scene of the re-
cent catastrophe. The woodwork Is
burning fiercely, and rescue parties
have been called from the mine.
Eighteen corpses were brought up
by rescuers during the night.
Twice-a-week plain dealer. (Cresco, Howard County, Iowa) 1895-1913, 1906-11-23
PEARYs SHIP sToRM-souND.
Are.is Steamer Roosevelt Is Stalled In
St. Georges Bay, N. F.

Sydney, N. s., Nov. 21.-The arctic
steamer Roosevelt Is now weather
bound in st. Georges bay. Newfound
land. 1t has been there since last
Saturday. and has taken on a further
supply Of coal The Roosevelt was
expected to leave ST. Georges bay
Newfoundland, Tuesday at noon. ST.
Georges bay Is 800 miles from sgd,
ney.
New York, Nov. sl.---Morris K. Jes.
sup, of this city. Tuesday received the
following telegram from Peary:
Sandy Point, N. F., Nov. 20.--Mor.
ris r. Jessup, New York: Passed
Cape st. George noon Saturday, I'm.
able to weather Cape Aiguille owing
to head winds and sea. Ran in here
daylight this morning for coal. Shall
proceed when weather favorable Tor
crossing gulf.
tstsass} A1slsy.s
Twice-a-week plain dealer. (Cresco, Howard County, Iowa) 1895-1913, 1906-11-23
East New Oregon.

Cold, cold, cole.
Frank Wilson entertained company,
Sunday evening.
Mike Slifka and Nina Ferkinstad
were seen in our burg Sunday.
Mike Kratz and wife were at De.
corah, Sunday.
Will Frank was shreddipg corn for
Frank Wilson, Monday.
Jim Zichek and Johnnie Slifka
we're out hunting, Sunday.
Reinhart Hogason called at the
Mike Kratz home, Sunday.
Mary Hrdna, Willie Schultz and
Louise Slifka were seen in our burg,
Sunday evening.
Frank Sobolik and wife entertained
company, Saturday and Sundry.
Mrs. Martin Still called at the
Frank Hrdtna home, Sunday after.
noon.
Will Frank entertained company,
Sunday.
Louise Slifka called at the Frank
Hrdina home, Sunday.
Linnie Blaser and Albert Kach were
seen in our burg, Saturday evening.
Tom Lewis called at the Carl CARRIER
home, Tuesday evening.
Freda and Ida Bergman and Joe
Svoboda were seen In our burg, Satur-
day evening.
Wedding bells will soon ring.
VIOLET.
Twice-a-week plain dealer. (Cresco, Howard County, Iowa) 1895-1913, 1906-11-23
THE BEST CLUBBING OFFER.

Through special arrangement for
limited time, we willreceive rubscrip-
tions for both the weekly Iowa State
Register and Farmer and the PLAIN
DEALER for one year for s1.25. Old
subscribers to either paper will have
their subscriptions advanced one year.
The Iowa State Register and Farmer
dlacdys stop sulse's the time Is out.
The Iowa State Register and Farm
er is not merely weekly newspaper
or just farm paper but great week
ly magazine for the farm and home
Dozens of fine Illustrations, may spec
ial articles. high grade serial stories
Iowa and National news is condensed
form, along with special departments
on live stock, poultry, horticulture,
Iowa farm real estate, etc, make 1T o
great favorite with Its readers. Al
though 1T has been published for fifty
years the Iowa State Register and
Farmer is better today by far than
ever before. We advise our readers
to accept this offer.
Give your order to the PLAIN DEALER
Here is our Condensed opinion OF the
Original Laxative Cough Syrup: Near
ly all others cough syrups are consti-
pating, especially those containing
opiates Kennedy's LAXATIVE (con-
taining) Honey and Tar moves the
bowels. Contains no opiates. Con-
forms to the National Pure Food and
Drug Law. Sold by j. 81. Luers.
| For Sale!
Chester White Sows. Pedigree with
every pig. Ii miles southwest OF
Oresco: N. I. phone.
A. w. IsBELL.
For Sale.
A good Safe, also one 200 lb. Howe
Scales. CONNOLLY Co.
Twice-a-week plain dealer. (Cresco, Howard County, Iowa) 1895-1913, 1906-11-23
FRISCO GRAND JURY
PROBING BIC Theft
INVESTIGATION OF CHARGES
AGAINST OFFICIALS AND MA
CHINE LEADERS RESUMED.
PROSECUTOR EXPECTS
TO IMPRISON MANY
Alleged Levying of Blackmail on sa-
looms and Other Places Also to Be
Taken Up-sensationa Disclosures
Predicted.

San Francisco, Nov. 21.-The grand
jury Tuesday resumed its investiga-
tion of the charges that $1,OO0,00O Of
the relief funds sent to this city by
generous sympathizers all over the
United States was stolen by city Off
Gals and political machine leaders.
The grand jury will also probe the
charges made against Mayor Schmitz,
Boss Abe Ruef, and number of other
officials concerning the alleged levying
of blackmail on disorderly houses and
saloons and the alleged graft and
boodling in connection with the pas
sage of certain franchise measures.
Many indictments Expected.
Fifty persons, it is believed, will be
indicted, and the prosecutor confident
ly expects to send them to prison.
The sensational relief fund theft
charges have been Investigated by
scores of federal secret service agents,
chief of whom is Agent Burns, who
has directed the work in hundreds Of
postoffices throughout the country.
1t Is declared the whole country will
be surprised by the sensational nature
of the indictments which will follow.
These franchises were for trolley,
telephone and water purposes, and In
yolve millions.
Supervisor Nicholas may be the first
of the supervisors to be indicted. His
indictment is for the petty amount Of
$3.50, which he received as 10 per
cent. commission on desks for the tenn
porary public Offices, but this is only
one of the scores of such cases that
have been found and which may in.
volve number of other supervisors.
Tells of Alleged Extortion.
Michael Debris, former joint pro.
prietor Of Marchand's restaurant, will
be subpoenaed to appear before the
grand jury this week. Debris disposed
of Ruef's pretense that the money got
ten from the French restaurants was
for legal services" He states it was
for the protection of the restaurant
mems licenses for two years, and that
the proprietors of Marchand's gave up
$2,175, of which $1,000 was paid on
Jan. 6 of this year, and s1,175 year
previous to that time.
One of the conditions of the pay
ment was that greenbacks alone should
be used,
Pierre Priet was the representative
who visited Ruef's on the first pay
ment of $4,000, and Malfante it is al.
legged, gave the boss" the $4,000 col.
lected from Delmonico's, the Poodle
Dog, and Marchand's restaurant this
year.
Debris says the money was not paid
freely and voluntarily by the restau-
rant men, but swears it was extorted
under pressure.
Jean Leupe, a French restaurant
keeper who had appeared before the
jury last Wednesday as a witness,
again appeared Tuesday with the re-
quest that he wished to correct and
reconsider" the testimony he had
given. Loupe was admitted to the
grand jury rooms, and as he remained
behind closed doors for some time, 1T
is believed he was allowed to take the
stand again.
Twice-a-week plain dealer. (Cresco, Howard County, Iowa) 1895-1913, 1906-11-23
Willing TO Hear New Facts.

New York, Nov. PA cable from
;-yesident Roosevelt declining to sus-
md his order discharging coored
troops of the Twentysffth regiment
t,nless the facts as known 70 him are
shown to be false, but expressing HE
7illingness to hear new facts bearing
cn that case was made public Tuesday
Ir Gilchrist Stewart of the Constitu-
tfonal league.
Twice-a-week plain dealer. (Cresco, Howard County, Iowa) 1895-1913, 1906-11-23
Burglars Quickly Sent to Prison,

New Cumberland, w. Va, Nov. I'll
James Piatt and John Baigley, who
Pleaded guilty to many burglaries in
Chester w. Va, and East Liverpool,
O., were sentenced to serve ten years
su the Moundsville penitentiary. They
were arrested, tried and sentenced
within ten days, establishing a record
IN Hancock county.
Twice-a-week plain dealer. (Cresco, Howard County, Iowa) 1895-1913, 1906-11-23

Daughter Of Belgian Minister Dies.
Washington, Nov. 21.---Miss Louis
Moncheur, daughter of Baron Mon.
cheur, the Belgian minister and Bar.
nness Moncheur, died Tuesday after a
Lrief illness OF pneumonia and ty.
phdd fever. Miss Noncheur was II
years old and Ind made her home 10
NashlhstoE Ser ". past nvS Years.
Twice-a-week plain dealer. (Cresco, Howard County, Iowa) 1895-1913, 1906-11-23
Republican Majority is "a

Washington, Nov. s1-The first Off
cial printed report on the membership
of the house of representatives of the
sixtieth congress has just been issued
by the clerk of the house The Repub
licans are shown to have majority OF
So. The Republican membership is 222
and the Democratic membership is 1874
These figures take into account the
election of Charles McGavin, Repub.
lican, over Stanley Kunz, Democrat
from the eighth Illinois district, re.
Gently reported by the official board Of
canvassers.
Twice-a-week plain dealer. (Cresco, Howard County, Iowa) 1895-1913, 1906-11-23

Good for everything salve is used
for and especially recommended for
piles. That is what we say Of De
Wits Witch Hazel Salve. On the
market for years and standby In
thousands OF families Get DeWttt's.
Sold by j. II. Luers Drug Co.
Twice-a-week plain dealer. (Cresco, Howard County, Iowa) 1895-1913, 1906-11-23
Horses for Sale.

Having number OF medium priced
horses and brood mares that I vii!
sell. Parties desiring to purchase
same will please call at my ONCE soon.
INF ID. A. Lyons.
Twice-a-week plain dealer. (Cresco, Howard County, Iowa) 1895-1913, 1906-11-23
What Thanksgiving Means to the
PEOPLE of Cresc0.

It means. in the morning, with hearty good will
Wen praise for the fullness of joys;
At night, after dinner, with more fullness STILL
We can all praise with Roney's nice Boys.
Twice-a-week plain dealer. (Cresco, Howard County, Iowa) 1895-1913, 1906-11-23
For Sale.

For Sale.
100 Poland China pigs of large bone
and excellent quality. Come early
and bny cheap ard have your choice.
Rtng me up. Mp. LYDoN.
New-York tribune., 1906-04-10
ExILEp GEN. vAsoUEz COMING HERE

Boston, April 9.-Ex-President General Do
mingo Vasquez Of Honduras arrived in this city
to-day on the steamer San Jose from Port
LImon Costa Rica exled from his native land
with a price on his head. Twelve years ago,
when he was ruler of Honduras General Vas
quez advocated that all Central American re-
publics be annexed to the United States. An up
roar of dissension was heard all over Honduras
and a revolution Immediately broke out Vas
quez's forces were defeated and the President
barely escaped with his life. Since then he has
lived in seclusion in Costa Rica. General Vas
quez says that he came to this country to visit
friends in New York.
New-York tribune., 1906-04-10
Ne mUtte an INSPECTION.
UPHOLSTERY GOODS
FOR SPECIAL SELLING.

Mercerized Shadow Cretonnes,
so inches wide; beautifully col
ored; elsewhere $3.50 a yard !;
our price S3 "a.
Monte Cloth Cretonne, 30
inches wide; green and blue
grounds: elsewhere 95c yard ;
our price 74c.
Cream Madras Novelties, Sc
and 20 inches wide; suitable for
Curtains: elsewhere 40c to Soc a
yard; our prices 24c, SOC, SIC
and 69c.
Fancy Colored Madras, dainty
effects; 90 inches wide; else
where 95c to $1.1O a yard; our
price 69c and 79c.
White Cottage Muslin; fancy
designs; 90 inches wide; soc
quality at 39c.
New-York tribune., 1906-04-10

by trustees according to their discretion This
provision is made for professors who may become
incapable of discharging their duties by perma-
nent infrmity of Hino body. In computing the
retiring allowance of persons who have entered the
service Of institution of higher learning at an
advanced age the trustees may at their discretion
add a number of years, not exceeding ten, TO mis-
actual time service.
The average salary Of professors in this country
is $l,4Oo while many Others receive only $1,000 it
was announced. The salary that is taken for the
apportonment Of the retiring allowance is the aver
age salary that has been received for the last five
years preceding the retirement
Sectariansm is described as follows:
Any school whose charter constitution by
laws require teachers students or trustees TO be or
national tenets or doctrines are taught shall be
deemed sectarian
The name OF a school, its source of funds or the
denomnational connections of its trustees tea en-
presidenf sbaII certif is shall be
made.
The definition of the character of institution
which is eligible to under this rule is described
follows:
have at least six professors, giving their entire
time to college and university work; course OF
should require for admission not less than the
usual four years of academic or high school prep
araIion or its equivalent, in addition pre-
academic or grammar school studies.
technical school, to be eligible, must have en-
trance requirements equivalent TO those of a col
lege in point of school preparation. and must offer
courses in pure and applied science
The executive committee appointed to take charge
Of the applications is composed of Henry
Pritchett President Nicholas Murray Butler OF
Columbia, Robert A. Franks. Mr.. Carnesie's repre-
sentative; President Harrison of the University of
Pennsylvania. President Humphreys of Stevens In
stitute President Woodrow Wilson OF Princeton
and Frank A Vanderlip.
II the charter of college fails to specify that it
IS non-sectarian. the institution may get recogni-
ton if the trustees directors certify by resolu-
ton that mo denomnational test is imposed in the
choice of trustees officers, are denomfpa-
tional tenets doctrines taught to the students
Those present at yesterdays meeting were Pres-
New-York tribune., 1906-04-10
SCHOOL PENSION FIXED.
Carnegie Foundation Settles Scale
of Retiring 4Uo1oances.

The trustees Of the Carnegie Foundation, or
CANNED TO administer the gift from Andrew Car
negie OF Sl0ooo0o0 for pensioning professors and
teachers in the higher institutions OF learning in
the United States and Canada, held their second
meeting yesterday at No. 542 Fifth avenue After
an all dav session. the committee adopted scale
OF pensions practically outlined in the national
charter Of the foundation.
II was announced that the pension system would
l,-obably be IN actual operation by June. Besides
adopting q scale OF retiring allowances. the con-
ference defined what college is. taking the defin-
ZION of this state as the basis and described the
requirement as TO non-sectsriaEism The rules for
the aDDortionment OF the retiring allowance pro-
vide generally for a 80 per cent pension.
No list of the institutions that will come under
the rules was made: those which have sectarlan
rrovisas in their bylaws constitution or charter
arc barred outright; but such as have no provision
one way or the other may be admitted on sworn
statements OF the authorities in control ana atter
Inspection by the foundation.
ANY person sixty-five years old and with not less
than fifteen years of service as professor VINO is
al the time of his retirement a professor in an
eligible institution is entitled 10 pension as fol-
lows:
Fer active pay OF sLsoO less allowance of
81 600 shall be granted, providing that retiring
allowance shall exceed 30 per cent of active pay.
For active pay greater than Sl.6O0 the retiring
allowance shall equal s1ao0. increased by $50 for
each 500 IN excess Of $500. No retiring allowance
shall exceed 1000.
After twenty-five years of service. regardless of
age. the retiring allowance was fixed at so per
OF the retiring salary If II is at least s 900. but
under no conditions II be greater than 50 per
cent II the retiring salary is greater than $3.50
and the same conditions hold. then the return al
lowance shall equal $780, increased by so for each
800 OF active pay IN excess of $780,
II Is further provided that persons who do not
come under the above conditions may be pensioned
New-York tribune., 1906-04-10

dent Hill McClelland Bell OF Drake University.
President Nicholas Murray Butler of Columbia Uni
versity, President Edwin B. Craighead of Tulane
University President ". Fl. Crawford of Allegheny
College. President George Fl. Denny OF Washington
and Lee University, President Charles W. Eliot OF
Harvard University. Robert A Franks of the
Home Trust Company: President Arthur T. Hadley
of Yale University, President Alexander c. Humph-
reys of Stevens Institute President Edwin H
Hughes of De Pauw University, President Dayid s
Jordan of Leland Stanford, Jr. University, Presi-
dent Henry c. King of Obern College. President
Thomas McCleand of Knox College, Chancellor
S. B. Mccormick Of Western University OF Penn
sylvania. President William Peterson of McGin
University, President Samuel PlantZ of Lawrence
University President Jacob Gould Schurman OF
Cornell University President l. Clark Seelye of
Smith College. President Charles T. Thwing of
Western Reserve University. Frank A. Nanderlip
President Woodrow Wilson of Princeton University
and Henry S. Pritchett who presided.