davidaulloa/AmericanStories huggingface dataset:
The Madisonian. (Richmond, Ky.) 1913-1914, 1913-10-14
Judge Explains 4Modus operandl.e

Chief Justice Hobson, of the
Court of Appeals, in overruline
q motion for renearing of the
case of ]. G. Meyrick against ]. ].
Dickey, from Perry county, the opinion
In which had been written by Commits
sioner William Rogers Clay. took adj
vantage Of the opportunity to disabuse
the minds of members of the bar of
the state of misapprehension in re-
gard to the modus operandi of the
appellate Court, observing from SINH
lar motions that many lawyers thought
the Judge who wrote the opinion had
decided the case, whereas, Judge Hob
son explains, the whole court decides
the case, one Judge being assigned to
write the opinion embodying the views
OF the court as a whole.
Oyerruling the motion, Judge Hob
son said in part:
In all cases where the commits
sioner writes the opinion, and a petit
ton for rehearing is filed, the petition
Tor rehearing goes to the Chief JUS
tlce, and when it has been examined
by him it is brought before the court
and passed on by it. If complaint is
made in the petition that the facts are
not correctly stated in the opinion the
Chief Justice examines the record
and, after examining it, brings the
matter before the court, stating the
complaint and the facts shown in the
record in regard to it.
There seems to be a misunder
] standing on the part of the bar as to
how cases are disposed of in this
court; the opinion is often regarded as
the opinion of the Judge writing it, OF
that judge at least is regarded as alone
responsible for it. In view of the fire
quency with which this appears in pc
tltions for rehearing we have deemed
it proper to state the facts.
mo opinion is prepared until tn,
case is stated to the court, has beel
} decided by the court, and the ground
OF the opinion have been outlined
One of the Judges is then designate,
to write the opinion. 1t not infre
quently happens that an apinion COZ
tains much that the writer of tn
opinion would not put in it if he wer
writing his own opinion He write
the opinion of the court, for the court
by the direction of the court. TIL
court is responsible for the opinion
not the writer of it,
The Madisonian. (Richmond, Ky.) 1913-1914, 1913-10-14
U. D. OF c. ELECTION
SEVENTEENTH ANNUAL CONVEN.
TIoN CLOSES WITH ELECTION
OF OFFICERS.
Frankfort Chosen For 1914 Meeting
Pleased That Kentucky Has Con-
federate Governor.

Western Newspaper Union News Service.
Winchester, Ky.-The seventeenth
annual convention of the United
Daughters of the Confederacy of the
Kentucky division adjourned here aft
er the delegates had been entertained
with an elaborate luncheon at THE
Pines" the historic old home of Gen.
John S. Williams, Mrs. Mollie Will
liams Holloway, daughter of the noted
commander, being the hostess for the
occasion. Mrs. Andrew Sea, of the
Albert Sidney Johnson chapter, or
Louisville, was made honorary presi-
dent of the division for life, and was
given an ovation as she was escorted
to chair on the platform by Mrs. j.
B. Camp, of Louisville, president or
this chapter, The election of officers
was held with the following result:
President, Mrs. Mary Bowling Bond, OF
Lawrenceburg, to succeed Mrs. John
Woodbury., of Louisville, who has
faithfully served in that capacity for
two years; vice president, Mrs.
Thomas Smith, of Harrodsburg; sec
ond vice president, Mrs. Lucien NAL
thy, of Maysville; third vice president
Mrs. Laura Owens, of Cynthiana; Gus
todian of crosses, Mrs. James M. Ar
mold, of Covington; chaplain, Mrs.
Peter Thompson, of Newport; vice
chaplain, Mrs. M. E. Reynolds, of Gov
ington.
Invitations were extended by sew
eral chapters for the 1914 meeting,
but the invitation from the Joseph H.
Lewis Chapter, of Frankfort, which
was heartily endorsed by the Governor
: and Mayor in behalf of the people
: was unanimously accepted, a vote OF
thanks bling rendered to the other
: chapters who extended invitations
The delegates expressed appreciation
that Kentucky has a Confederate Gov
[ ernor.
The Madisonian. (Richmond, Ky.) 1913-1914, 1913-10-14
Dr.. Wager To Porto Rico.

President Wilson selected DR.. Ar
thur wager, president emeritus of
Georgetown College, Georgetown, KY,
for Governor of Porto Rico. DR. wager
was born at Campbellsville fifty-one
years ago, and was educated at
Georgetown College, afterwards TAX
ing postgraduate work at Johns Hop
kins University, where he was a class
mate of President Wilson. Upon the
completion of his course, he returned
to Georgetown, where he became a
member of the college faculty and
married Miss Estelle Lewis, of George
town. He succeeded DR.. D. B. Gray,
now secretary of the Baptist Board
of Home Missions, as president of
Georgetown College twelve years ago.
He is an accomplished linquist and
of the highest standing in religious
and educational circles. Mrs. wager
and their three children will accom-
pany him to Porto Rico.
The Madisonian. (Richmond, Ky.) 1913-1914, 1913-10-14
PROMINENT COAL MAN DIES.

Madisonville, Ky.-Inkerman Bailey,
ST., general manager of the Coil & Sun
set Coal Co.'S, of this city, also general
manager and heavy stakeholder in a
$175,000 coal company just organized
in Muhlenberg county, died suddenly
at his home in this city. Mr.. Bailey
was perhaps the best-posted coal man
in Kentucky. Many years ago he be-
came the manager of the Eureka Coal
Co., of this city, and brought the pro-
duction of the company up until it was
the largest producer in the state.
The Madisonian. (Richmond, Ky.) 1913-1914, 1913-10-14
ONE THOUSAND VOLUNTEERS.

Paducah, Ky.-The Decentralization
Murray road, from Paducah to the Cal
loway county line, virtually was com
pleted by volunteer force of citizens
of McCracken and Marshall counties.
About 1000 men and boys worked the
road. Most of the day was devoted to
graveling the highway, which was
graded.
At Reidland church, halfway be-
tween here and the Marshall county
line, barbecue was served by the
ladies of the church. The Marshall
county section of the road was also
finished. About 700 men and boys
worked that part of the road. Citizens
of Galloway county will improve thei1
end of the road this week.
The Madisonian. (Richmond, Ky.) 1913-1914, 1913-10-14
NO SETTLEMENT
OF TAX SUITS
CONFERENCE BETWEEN ATToR
NEYs FOR c., NJ. o. & r. P. RY.
AND STATE OFFICIALS.
HEARING ON OCTOBER 10th
Attorneys For C. 6 o. Come For Con.
ference, But None Held-IlIinois
Central Meeting on Oct. 16.

Western Newspaper Union News Service
Fra1kfort--No progress was made
in the negotiations between the rail
roads and state officials, looking to a
compromise Of the suits in federal
court to enjoin the state from collect
ing tax on the amount of the increases
made in their franchise assessments
for 1912; and attorneys for the Cincin-
natl, New Orleans & Texas Pacific and
the Chesapeake & Ohio, after leaving
the Office of Gov. McCreary, where the
conference was held, declared that
they had offered all they intended to.
The board of valuation and assess
ment will meet October 20 to hear the
railroads before making the assess
ments for 1913, when it is possible ne
gotiations may be resumed.
Unless something results from that
meeting, it is expected that negotia-
tons will be dropped. Judge Cochran
will fix the amount of assessments on
which he thinks the roads should pay
and will grant them a temporary in
junction, restraining the collection of
taxes on the balance of the assess
ments. Whether the board will then
prosecute the case to a final hearing
and appeal it, Judge Cochran already
having declared the 1912 assessments
void, or will allow the final order to
be entered an the Judgment stand,
and proceed to re-assess the roads, is
to be determined.
Attorneys for the Chesapeake &
Ohio came to Frankfort to meet with
the state officials, but did not go into
conference with them. At a previous
conference the road had offered to
compromise on the basis of an assess
rnent of $16,0OO,000, while the mem
bers Of the state board, it is said, de.
rnanded $1S,0O0,000. The road was
assessed $25,O0O,0O0. Attorneys for
the Illinois Central have arranged for
a meeting here October Is with the
state officials. The road was assessed
$14,000,000 on it's franchise, but in its
suit alleges that the total value Of its
lines in Kentucky is represented by
the assessment Of its tangible property
and it owes no franchise tax.
The Madisonian. (Richmond, Ky.) 1913-1914, 1913-10-14
TAX COMMISSION
JUDGE. DAVIS WILL GALL CON-
FERENCE OF MEMBERS
THIS WEEK.
Report To Be in Hands of Members
of the Legislature by the First
December.

Western Newspaper Union News Service
Louisville, Ky.-Judge w. o. Davis,
of Versailles, chairman of the Ken
lucky state tax commission, was here
to confer with other members of the
commission on,its work, and will issue
a call for meeting to be held either
in Louisville or Frankfort Judge Da-
Wis says he has heard from Prof. Carl
Plehn, the tax expert employed to as
sist the commission, several times
since ne returned to his home in Cali
fornia, and that he expects the full
report from him in short time.
1t is the purpose of Judge Davis and
the commission to have it's report
ready by the first of December in or
der that each member of the general
assembly elected in November car
have copy of it one month in ad
opportunity to carefully study the re
port of the commission the members
of the legislature will be qualified Il
express an opinion on it, in the opin
ion Of Judge Davis, early in the ses
sion, while on the other hand shoult
the commission wait until the concen
ing of the body before furnishing thu
members with copy it would be lat
| in the session before any action wa
taken on it, if at all. He is convince,
that with the work that has been done
coupled with the expert advice of Prof
Plehn the commission will be able t
revise the taxing system of the stat
that it will meet with the approval @
large majority of the people of Ker
| lucky
The Madisonian. (Richmond, Ky.) 1913-1914, 1913-10-14
T. L. WOODRUFF IS DEAD
Nominated James S. Sherman; Long
Leader in Politics.

New York.-Timothy L. Woodruff,
former lieutenant-governor of New
York, succumbed to paralytic attack
which laid him low at the Cooper
Union Fusion ratification meeting on
the night of September 20. He died
in his apartments at the Carlton
house, a stroke of apoplexy being re-
sponsible for his death. With the pol
itician when he died were Mrs. Wood
ruff, his wife; Mr.. and Mrs. Rodney
A. Ward, his brother-in-law and Sis
ter; Miss Clara Morrison, Mrs. Tim
othy Woodruff's sister, and Mr.. and
Mrs. John e. Woodruff.
The Madisonian. (Richmond, Ky.) 1913-1914, 1913-10-14

I
the Brooklyn Republican, who is dead.
When Timothy Woodruff was strick-
en- by the paralytic attack on the night
of September 20 he had just COM
pleted his notification speech at the
Fusion rally. Turning toward Control
Ter Prendergast and Borough Presi-
dent McAneny, Fusion candidates, he
said:
Gentlemen, 1 notify you" when
he suddenly fell across the speakers
table with such violence as almost to
upset it. Those sitting nearest him
sprang to Mr.. Woodruff's assistance
and prevented him from falling to the
floor.
The stricken man was taken to an
ante-room, where. two physicians,
called from the audience, worked over
him. Mrs Woodruff, who had been
sitting directly in front of her husband
on the speakers platform, aided the
physicians in caring for him.
The Madisonian. (Richmond, Ky.) 1913-1914, 1913-10-14
MEDlcs MEET AT PARIS.

Paris, Ky.-The Kentucky Midland
Medical Society held its semi-annual
session here. A large. number of ply
sicians attended. The sessions were
held in the courthouse, and at noon
the visitors were entertained at
luncheon by the Bourbon County Medi-
cal Society.
The Madisonian. (Richmond, Ky.) 1913-1914, 1913-10-14
Mecreary County Claims.

Claims of the County Attorney and
Circuit Clerk of McCreary county are
Icing held up in the State Auditors
Office, until it is made certain who
those officials are. W. F. Hinkle and
G. w. Stephens both are claiming the
County Attorneyship, and some claims
have reached the Auditors Office sign
ed ~. E. Perkins, Circuit Clerk, by
Walter Broyles, Deputy" and some
signed Walter Broyles, Circuit
Clerk" Broyles was appointed ~
Gov. McCreary when the county waA
organized, but Perkins has never filed
bond with the Auditor.
The Madisonian. (Richmond, Ky.) 1913-1914, 1913-10-14
FATAL BOAST OF MERCHANT.

Urbana, Ill.-William L. Larry,
wealthy merchant and farmer, care
lessly elated over the sale of federal
building site for $4,000, threw roll
containing $1,000 on the floor of a
local shoeshop, with a boast that he
was going to the country to collect
$1,000 more. His body was found ia
cornfield, near the house where he
had collected the money He had been
shot in thelhead three times and rob,
bed
The Madisonian. (Richmond, Ky.) 1913-1914, 1913-10-14
MANY DELEGATES ARE PRESENT.

Paducah, Ky.-Abollt / 900 delegates
are in attendance at the meeting of
the Kentucky Grand Lodge, /. o. o. F..
which began Tuesday. Many Paducah
citizens are receiving delegates during
the two days of the convention, and
the hotels have sent out notices broad
cast for travelling men to avoid the city
these two days. The first degree was
conferred Monday evening at the Ken
lucky, while the grand lodge degree
was conferred upon class Of about
400 members Tuesday.
The Madisonian. (Richmond, Ky.) 1913-1914, 1913-10-14
FISCAL COURT FIXES SALARIES.

Versailles, Ky.--At a meeting of the
Woodford Fiscal court salaries of
county officers for the ensuing terms
were fixed as follows: County Judge,
$1,000 per annum; county attorney.
s72O; superintendent of public schools,
$500; superintendent of county poor.
house, 5000. The court fixed $1,000 as
the amount to be paid by the Ken
lucky Pipe Line Co. for crossing eight
turnpikes and two dirt roads with its
gas pipe line now being constructed
through the county.
The Madisonian. (Richmond, Ky.) 1913-1914, 1913-10-14
CONDEMN FAIR ASSOCIATION.

Paducah, Ky.-The Ministerial AS
ISOLATION has condemned the Paducah
Fair Association for certain features
at the annual fair, including the sale
of beer, operation of games of chance,
betting On the horse races and alleged
immoral shows. The ministers have
laid the complaint before the grand
jury, which is in session. The direc-
tors of the Fair Association say that
the betting on the races and games Of
chance are necessary for successful
fair.
The Madisonian. (Richmond, Ky.) 1913-1914, 1913-10-14
FLEMING COUNTY GETS BUSY.

Flemingsburg, Ky.-A mass meeting
of citizens Of Fleming county was held
at the courthouse Saturday, October
II. to perfect plans for working the
roads on October "a and rs, the two
days which have been designated by
Gov. McCreary for that purpose.
The Madisonian. (Richmond, Ky.) 1913-1914, 1913-10-14
$4,000 FOR MODEL ROADS.

Whitesburg, Ky.--Letcher fiscal
court il session here appropriated
$4,000 for building six miles OF model
roadway from May King to Kona, and
constructing three steel bridges in this
county, two across the Kentucky river,
one at Croftsville and the third across
Pine creek, near May King. Construc-
ton is to start Immediately.
The Madisonian. (Richmond, Ky.) 1913-1914, 1913-10-14
Women Test Law.

The appellate court will decide this
week whether or not women in this
state can vote in the November cleo
ton for candidates for county school
superintendent. Chief Justice Hobson
and Judges Turner and Settle heard
the arguments in the case of Wallace
M Bartlett, of Lawrenceburg, against
J. H. Cook, of Lawrenceburg, clerk of
Anderson county. Circuit Judge Mar
shall has granted Bartlett manda-
tory injunction compelling Cook to
have printed separate ballots for WON
en- to use in Anderson county in cast.
ing their votes for candidates running
for county school superintendent.
While the decision of the appellate
court will be a construction of the act
OF 1912, giving women the right to vote
in school elections, the conditions in
Anderson county in the county -schoo
superintendent race have aroused the
women to make the test of the law
and the real plaintiff in the case is
Mrs. Morris Bartlett, of Lawrenceburg
The Madisonian. (Richmond, Ky.) 1913-1914, 1913-10-14
Amendments on Ballot.

Assistant Secretary of State Cecil
II. Vansant sent out instructions to
the county court clerks to place on the
November ballots the proposed con-
stitutional amendments, relating to a
reform in the tax system, and provid-
ing for working convict labor outside
the prisons. The proposed amend
ments are to be printed on the ballots
as follows: Are you in favor of the
proposed Constitutional amendment
which win allow the employment of
convict labor on the public roads and
bridges?"
Are you in favor of the proposed
Constitutional amendment to Section
I'll of the Constitution of Kentucky,
which proposed amendment will allow
the classification of property for taxa
ton, and which provides that laws
passed pursuant to said amendment
shall be submitted to vote of the
people?"
The Madisonian. (Richmond, Ky.) 1913-1914, 1913-10-14
FISCAL COURT BUYS TURNPIKE.

Cadiz, Ky.-The Trigg County Fis-
cal Court, by vote of to 8, decided
to buy the Cadiz, Canton and Hopkins
vile turnpike and remove the toll
gates. This pike is over twelve miles
long. The county has had an option
on it for long time, and commit
tee was named to close the deal at
once. 1t is hoped to have the tollgates
removed within the next two weeks.
The Madisonian. (Richmond, Ky.) 1913-1914, 1913-10-14
Good Roads Men Assigned.

Commissioner of Roads R. G. Ter
rell is assigning his office force to
work on Good Roads Days, October
"A and rs. r. H. Reese, who is over.
seeing the construction of a model
road from Eminence to New Castle
wlil be in Henry county on those two
oays, the county authorities having
reeuested him to remain, and j. T.
Irilnes will be in Galloway county
having considerable work laid out in
ene purchase for this month. The
aoyernors proclamation is being in
Soisec IN all parts OF state.
The Madisonian. (Richmond, Ky.) 1913-1914, 1913-10-14
WILL EMPLOY VISITING NURSE.

Carlisle, Ky.-To the end that tuber-
culosis may be reduced to the mini
mum, if not eradicated, the Health
League, organized by local women, is
taking steps to employ visiting nurse
to go over the city and county to re-
port on cases of tuberculosis and con-
ditions as well as suspected cases.
The league is making strenuous cam
paign against the disease.
The Madisonian. (Richmond, Ky.) 1913-1914, 1913-10-14
RurIey Only Ordinary Quality.

The October crop report of the state
department of agriculture shows only
TO per cent of the Burley tobacco
yield and that of only ordinary quality.
The wheat acreage sown is smaller
than usual and pastures are in poor
condition. Seventy-two per cent OF
Burley is in the houses and the condi-
ton is S3 per cent
The Madisonian. (Richmond, Ky.) 1913-1914, 1913-10-14
Bio Verdict Reversed.

The $4,000 verdict awarded the es
tate of Reuben Harrod against the
Louisville & Nashville Railway COM
pany in the Franklin Circuit Court, for
the death of Harred when his horse,
frightened at train, ran away on the
Pleasureville road and killed him, was
reversed by the Court of Appeals and
remanded for retrial.
The Madisonian. (Richmond, Ky.) 1913-1914, 1913-10-14
Wins On Ballot Recount.

l.. T. Flannery was declared the
Republican nominee for Sheriff of Lee
county by the Court of Appeals, re-
yersing the Lee Circuit Court. Elan
merry had majority of four, and the
County Board of Election Commits.
sioners issued a certificate to him.
shanks contested and secured re
count, which gave him the majority
The Court of Appeals held that
Shank's notice, served on Flannery
did not sufficiently specify the time
and place of hearing the contest to
comply with the primary law.
The Madisonian. (Richmond, Ky.) 1913-1914, 1913-10-14

Supplemental registration of those
unavoidably kept from the polls is not
expected to make much change in the
figures.
The Madisonian. (Richmond, Ky.) 1913-1914, 1913-10-14
LouIsvILLE's REGISTRATION.

Louisville, Ky.-Registratio on the
two days set for the enrolment of the
Louisville voters was as follows:
The sun. [volume] (New York [N.Y.]) 1833-1916, 1913-09-11
ANOTHER ZEPPELIN
GOES WILD; 2 DEAD
Airship rs Carried Aloft by
Gust Of Wind at
Leipsic.
TALES OF III SURVIVORS
Tendency to Place Blame on
Fact Air Cruiser Was
Overloaded.
TALES OF III SURVIVORS
The German Government
BLdmes "Higher PoWer"

Special Cable Despatch to THs SUN.
BERLIN. Sept. I0.-Tke Governments
e6ieisi account Of The disa,ter seyI
The Ii uas A,oun BY Tie wind doSnra'd
from height Of seos'ai hundred yards. She
refused 10 an,wes hy helm. and although The
balls,i and al the mossbis parts @e's h'oun
ecerIoa,d she struck he ~stss nose fist. b'ssktns
amid,hip, in sesesal places. She then began
10 ,ink. She wss pient1aLy supplied SiM
Juei and baiisst and he, sas sss nst sfmintshed.
He, va, equipment Wss nst complete and there
wes evew Of trsnty aboard.
The sessei pss BY ~ msans esenseishtsd.
but o1ins 10 an unu,uslly anJsuossbls change
in he csstkes he seeident must bs attributed
10 higher psWs.
The diss,te, in no usy diminshe' The fight.
ing eaiue Of lie Zeppelin st''htp'."
The sun. [volume] (New York [N.Y.]) 1833-1916, 1913-09-11
ON TORPEDO
BOAT CRAVEN KILLS 2
Several Others Injured When
Craft Blows Out
40 Flues.

SAVANNAH. Ga. Sept. lO.--The United
States torpedo boat Craven. commanded
nv Lieut. !. w. HAYWARD, en- route from
Charle.,op IN Savannah b,ew ont forty
aues which re.uited in killing two men
and ,n,urinx several others. late this After
Nom an Tvbee Island. The dead arc
chief water Tender McCanfrey and A..
.istant Chief Machin,st Milton. The most
g, r,o,,s,v injured are Chief Boiler Tender
pobbert. water Tender Dalton and As.
sistant Water Tender Swim. Others were