Lakeland Evening Telegram Newspaper, January 13, 1914, Page 1

DENT 15 [ 70 WORK MISHINGTON CHIEF EXECUTIVE TO CLAIM HIS AT- ON HIS RETURN ust Situation; Cabi- This Morning Mclated Press.) t 13.—President this morning and a faced the president. ander for the ma- He 't the federal reserve ately consider the The eabinet met this morn- Gol’qiml W. (. Gorgas, who york in the sanitation of Zone, is recommended general by Secretary @ president is in the Wih feeling fine and cold (fy Associated Press.) Mnm. Jan. 13.—The Sen- ‘resumed debate on the Alaskan Iway bill. . Senator Chamberlain 4 he did not expect the bill to be ayed in Mn" He finished his Ql today. ' Senators Burton and MN plzn to oppose the meas- ‘ LEAN GUILTY TO anle conmmunons (8, A-pclated Press.) {ew York, Jan. 13.—Arthur A. m. Mr of the Democratic , pleaded guilty to- campaign contribu- ations. The court (By Assoctated Press.) Oxhfi City, Jan. 13.—The Mexi- goverfiment will default in pay- t ‘of semi-annual interest on s Internal and external due this th. 'l'ho cabinet so decided. WIRY T - OF A BLIZZARD (h Aflpehted Press.) mw York, Jan. 13.—The entire ‘al and mfl United States n the grip of a cold wave. Tn south it is feared the orange 1 are damaged. Ten above zero this morning. The coldest is Devil's Lake, North Dakota, ¢ it is twenty below. Chicago's erature s rising. One death suffering. TO FOR CHARITY el leago, 13.—The four- — [ annual ty ball of the — dly Aid y will take place rnlmflotel this evening, ‘Godfrey Howitt Ball is chair- of the board of managers and | ake ssistants imelude many promi—, Society leaders. DENOUNGES 3 JUDGE SITH, htn Press.) C., Jan. 13. pgislature r _'r Blease -The fited States Se 'nlor Jan. 13.—Word ; New Hebrides, in ands are afire and t The inhabitants ship rescued five G TELEGRA LAKELAND, FLORIDA. TUESDAY, JAN. 13, 1314. SKELTON WILLIAYS 15 PESIDENT'S CHOICE (By Associated Press.) Washington, Jan. 13.—The presi- dent has sent the nomination of John Skelton Williams of Virginia as comptroller of currency to the Sen- ate. He will be ex-officio member of ]Jmm ‘”oim an army surgeon | : <l has con-|y ¢ heen g0 much talk about extor- |, 's message | steamer .\!akura! by volcano of the|i the federal reserve board. CAUGHT THE OLD MOON- GIOUNDS UPONWHICH GOURT UP HELD GOMNMI3GION GOVERNMENT TEXT OF SUPREME COURT’S OPINION SUSTAINING THE VALIDITY OF THE COMMISSION FORM OF GOVERNMENT FOR THE CITY OF LAKELAND SHINEB AT LAST| Decision Made Last Friday, Afirmmg Ruling of Hon. F. A. Whitney, Which Declared in Effect That the Commissioners Elected Con" stitute Lakeland's Legal Administrative Body Waldron, Ark., Jan. 13.—John Dale, who for twenty years, has de- fied revenue officers in the western counties of Arkansas, The decision of the supreme court was found [regarding the legality of Lakeland's asleep in the woods near here yester- [ commission form of government, in marshal’s posse on charges of oper- ating an illicit still. Dale lay asleep on his rifle at the foot of a tree. Awakening to find six guns pointed at him, he showed fight, but was soon overpowercd. Dale's alleged crude still and 260 gallons of liquor were confiscated and the reputed operator put in jail. The alleged whiskey making device was of the portable kind generally known as “wild ocat” still. As early as 1894 attempts were made to corner Dale and scores of zovernment officers after trailing | him for months in isolated regions of Scott and Polk counties, had aban- doned the chase. | | | | STATE TROOPS LEAVE | GOPPER STRIKE ZONE (By Associated Press.) Houghton, Mich., Jan. 13.—State troops did not patrol the copper strike zone today for the first time since July and the last company has gone home. The intense cold, fresh eviction suits and reported break in the Union ranks discouraged the strike leaders. There are requests at union stores for more supplies and food for many people. GERMANY MAY EXHIBIT AT FANAMA FAIR Berlin, . Jan. -~The Imperial Parliament reassembled today and one of the important matters to come before the body will be final action on the bill asking for a provision of $500,000 for an exhibit at the San Francisco Fair. Such pressure has been brought upon the government recently that it is probable a change will be made in the original plan not | to take part in the Panama Exposi- tion. RECEIVER APPOINTED FOR CHICKEN SHOW J. L. Allen was appointed receiv- er for the Florida Fanciers’ Associa- tion yesterday to take charge of the affairs of the organization and pull it off the rocks into deep water. The| receivership is the result of Secre- tary J. H. Wendler leaving the city several days ago with all the books and records of the association relat- ing to the recent poultry show held here. Other legal steps were also taken for the betterment of the organiza- tion, incorporators having filed a pe- tition through Attorneys Mabry & Carlton asking the court to summon Mr. Wendler to appear in Tampa and render to the association de- tailed statements as to all mom\sl handled by him here.—Tampa Tri- bune. PANAMA WSITORS WON'T BE FLEECED, | San Francisco, Jan. 13.—Leading | hotel men of California are contem- ’ plating inaugurating a campaign of advertising which will be sent throughout the country, the purpose »f which will be to assure intended l\mmrs to the Panama Exposition [that hotel rates will be fair. There ionate rates on the Pacific Coast 1z 1915 that the hotel men fear many visitors will be driven away as 1t is for this purpose that to assure the people of the north and east especially that they will receive fair, considerate treat-| ‘a result. {they wisgh recently employed | as hotel clerk at the St. Johns-hotel, ! in Charleston, S. C., who was ar-| | rested as he alighted from a train in| | Jacksonville Satureay, on the chnrzel of complicity in the theft of 34.200: from the safe at the Hotel Charlea—’ ton. |inconsistent day and arrested by a United States which the ruling of the lower court ,sustammg it was upheld, has been received by the Telegram, and as it will be of interest to our readers, we publish the full text of the opinion, which follows: In the supreme court of Florida, June term, A. D. 1913. M. G. Munn et al., appellants, vs W. L. Finger, appellee. Polk county. Whitfield, J. This appeal is from a decree en- joining the election of a mayor and i four councilmen in the city of Lake- {land, Florida. Chapter 6711, Acts of 1913, amends section 70 of the charter act as fol- lows: “The City of Lakeland is here- by authorized at any future time to establish a commission form of gov- einment; to elect (5) commissioners by popular vote, one to be elected from each ward of the City of Lake- land, and one at large, to serve for two years each from the date of their qualification, or until their success- ors are elected and qualified. Such commission form of govern- ment shall be established in the fol- lowing manner, to-wit: Upon a two- thirds vote of the City Council to are not in conflict with other organic provisions; and a grant by the Leg- islature to a municipality of the right to submit to its electors for adoption a commission form of gov- ernment upon which adoption the statute by its own terms makes such commission form operative, does not appear beyond a reasonable doubt to conflict with any provision or princi- ple of the State or federal constitu- I tion . The above quoted organie provi- sions of this State contemplate vary- ing powers for different municipali- ties and expressly authorize the Leg- islature to prescribe the powers of municipalities as varying exigencies may demand; and such express legis- lative authority carries with it a dis- cretion in conferring powers upon a municipality that has no limitations in the constitution affecting thiscase. The implied principle that the gen- eral lawmaking power of the d.egisla- ture may not be delegated, is not vio- lated in the exercise by the Legisla- ture of its authority to prescribe the powers of a municipality. See City of Yazoo City vs. Lightcap, 82 Miss. 148, 33 South. The above stated principle with reference to municipalities under our present constitution was recognized adopt such commission form of gov-|iM State vs. Atlantic Coast Line R. ernment, an election shall be called by the mayor and the City Council for the purpose of submitting the question of ratification or rejection of the commission form of govern- ment to the voters of the city, which election shall be held not less than thirty days from the adoption by the City Council of such commission form of government. In the decree of the court is the following finding: “That the City of Lakeland has the power.uuder Chapter 6711 Acts of l.egislature of the State of Florida for 1913 to es- tablish a commission form of govern- ment, that the election held on the 8th day of October, 1913, for the pur- pose of ratification or rejection of the commission government was regular, and that the five commissioners were duly and regularly elected as a com- mi.ssinn for the government of the ! ity of Lakeland in accordance with section 6 of said charter. T he court further finds that it was the inten- tion of the Legislature to vest the commission wih power and author- ity to carry on the municipal govern ment and affairs, and while the act fails to completely ll(‘filll‘ the of the government, \vt it submits to details the vote of the people for r.mll(.umul (the City of Lakeland, ‘A method of government called com- mission form." At an election called by a two- thirds vote of the City Council for that purpose, a majority of the elec- tors duly voted for a commission form of government. It is contended in effect that the quoted amendment of the charter by tln- Legislature of 1913 is inopera- tive and void if it is designed that |the commission form of government ’is to supersede the other and usual form provided for in the charter act, for the it that there is ip the statute or in this State form of and the reason is arzued, no prescribed commission municinal government, power to establish a commission form of government is legislative and cannot fully be delezated to the city itse The constitution provides, section i “The 1 establish a uniform system of municipal government, which hall be applicable, exeept in cases where local or special laws are pro- vided by the Legislature that may be therewith.” Also in section &, article VIII: “The Legis lature shall have power to establish article eislature shall * % % |and to abolish municipalities, to pro- vide for their government, to pre- |scribe their jurisdiction and powers, land to alter or amend the same at any time.” Under these sections of the consti- tution the Legislature may by law confer upon a municipality any pow- ers relating to its government that Co., where it was held that the Leg- islature could not lawfully delegate to the railroad commissioners power to enact a law, or to declare what the law shall be, or to exercise an unrestricted discretion in applying a law; but the Legislature may enact a law complete in itself and author- ize designated officials within defi- nite limitations to exercise discre- tionary authority in effectuating the law. In State ex rel. Muella vs. Thompson, and other like cases the State constitution required a uniform system of municipal government; and authority conferred upon a mu- nicipality to change its charter would destroy the organic require- ment of uniformity as well ag in- fringe upon the implied principle ap- plied in such cases forbidding a dele- gation of legislative power. The only limitations upon the lawmaking rower of the Legislature are those contained in the federal anq State constitutions, and it (lmv.; not clearly appear that the power of the Legis- lature by law to confer upon a mu- nieipality the authority here con- tested, is denied or limited by any nrovision or principle of the organic law . Section 70 of the charter act of as amended by chapter 6711, acts of 1913, does not preseribe the details of the commis- ¢ion form of government wWhich it au- thorizes the city to establish, but it does prescribe definitely the manner ‘nf establishing a commission form of government and provides for election of five commissioners popular vote. " the “hy It is therein express- Iy provided that “if a majority of the qualified electors voting at said elec- tion shall vote in favor of the com mission form of government the same ¢hall operative and of full force and effect ernment for the said city parent intent of the law is the become as " The ap- that when commission form of is duly submitted by the desionated ity avthorities and affirmativelv vot ed for by the electors of the city,| then such form of zovernment shall hecome operative by force of the statute itself, and that the five com issioners duly elected as the law emplates, shall exercise the an-| thority theretofore vested in a mayor and City Council which are the usual fenetions of commissioners nunder a commission form of plan of govern- ment in a municipality. Tn other words the question presented on this appeal is in effect the power of the Lecislature to declare that upop the happeninz of a certain contingency, the power vested in the mayor and City Council shall pass to five com- missioners. We see no constitution- al objections to the exercise by the (Continued on Page 5.) PUBLISHED IN THE BEST TOWN IN THE BEST PART OF THE BEST STATE e 0 DS 10 G H-YEAR-OLD BIRL 1S BLAD T0 60 HOME (By Associated Press ) Mobile, Ala., Jan. 13.—Delilas Bradley, the 17-year-old stenograph- er, who came here with her employ- er, J. M. Foster, a rich business mnn of Browns Mills, New Jersey, will re- a method of gov- | government | turn with her forgiving father. Fos- ter has been arrested on a slavery charge. WILL BE HIGHEST IN THE WORLD New York, Jan. The feet high and will have 51 buildings. 894.6 white 13.—Plans for a new highest building in the world have been filed with the bureau of structure will be - INGONE Th THESE APPOINTMENTS ARE TO BE MADE AT THE EARLIEST POSSIBLE DATE Matter Has Been Held Up by Con- gressmen Disputing Over Pat- ronage to Be Distributed (By Assoclated Press.) Washington, Jan. 13.--Feur hun- dred deputy collectors, agents and stories, and will cost over $12,000,-|, o S | 000. The Pan-American States' As- :fml"lp ?‘s'f:‘l .;dmn.ustu .t" 1ncome sociation filed the plans. B A “,' AL O pointed. They are outside civil ser- TO CONSIDER SAULT Washington, Jan. 13.-—The inter- national joint commission has called a meeting here today to consider the avplication of the Michigan North- ern Powder Co. for authority to build a dam at Sault Ste. Marie; also the application of the Greater Win- nepeg water district to divert water from Shoal Lake, west of the Lake of the Woods, for the purpose of a water supply for the city of Winne- peg, Man. JAPAN VISITED BY TERRIBLE DISASTER (By Associated Press.) Tokio, Jan. 13.—A tidal wave added terrors to the earthquake in Kagoshima yesterday. It is believed to be one of the most serious disas- ters in Japanese history. (By Assoclated Press.) Nagasaki, Japan, Jan. 13.—Indi- cations are that the death list from earthquakes and volcanic disturb- ances around Kagoshima will run into thousands. Kagoshima, which had a population of six thousand was burned under ashes and lava. Doctors have gone to the scene. ') THINKS DEPOSITORS WILL SOON BE PAID IN FULL Pensacola, Jan. 13.--That it is the intention of National Bank Kx- iner 8. 0. Goodheart to cause the business of the Wirst National bank, recently closed, to be taken over by one of the other local banks, was gleaned from his interview given on Saturday night. “There is a possi- bility of such an amalgamation,” said Mr. Goodheart, “and I want it impressed upon the public mind that this would be a splendid arrange- ment, because the depositors’ funds would be available immediately upon the taking over of one bank by the other. If this arrangement cap be perfected the officials of the two in- stitutions will deserve great credit and the depositors would unquestion- ably fare well.” Mr. Goodheart said he thought there was a strong possibility of the depositors being paid in full even if the bank went to liquidation, but he thought the chances were that the business of the First National Bank would be absorbed by one of the oth- er banks here. TODAY'S BIRTHDAY HONORS s proclaimed amatenr cham nion of France. Reverses in the fam- il ymprlled him to go back to the imine but he turned pro ional in 1909 and has risen rapidly since. T0O CONSIDER CLAIMS TOMORROW | (By Washington, Associated Press.) Jan. 13. The sena- torial claims of Frank P. Gla of \labama, and Blair Lee, of Mary- land, whose seats are doubtful h(r‘ ausc of questions involving the di- rect elections law, were postponed to | tomorrow by the Senate elections committee. STE. MARIE DAM Georges Carpentier, the French heavyweizht fighter, was born Jan. 13, 18914, at Lievin, France, le was j:!-:!'mr! to become a miner, as was | I father, who, however, up ining to move to Lens w * he opened a cafe Little Georges was : ent to school; his pugnacious na ture and lively disposition made him :fl terror; at the age of 12 he made| his debut as a prize fighter, and at| vice. Delays have been occasioned because congressmen disputed over patronage distribution. The neces- sity for administering the law re- quires appointments immediately. DEFREES IS HONORED Chicago, Jan. 13. -Joseph De- frees, of the law firm of Defrees, Buckingham, Ritter & Katon, who was recently elected president of the Chicago Association of Commerce, was installed today. BAR. ASSOCIATION GOING TO0 WASHINGTON New York, Jan. 13.—The execu- tive committee of the American Bar Association has decided to hold the next meeting of the association in Washington on Oct.. 20, 21 and 22 next. Reforms in judicial proce- dure will be the principal topics of discussion . Tighter lines will be drawn on ethical practice. The prin- cipal speakers will be Senator Elihu Root, Chief Justice Sir Chester Fitz- patrick of the Dominion of Canada and Minister Naon of the Argentine Republic. William H. Taft is presi- dent of the association. (By Associated Press) Pretoria, South Africa, Jan. 13— All workers tomorrow will be ordered out on a sympathetic strike to ald the railroad strikers. GHIGAGO WOMEN ARE 6000 POLIGEMEN (By Associated Press.) Chicago, Jan. 13.—-Women police are a suee ind the department will ask for more. 'Fhere are tepn now and they done much good. They want a flirting squad to sup- press mashers. have MYSTERIOUS DISAPPEARANCE OF ELDERLY LADY Jacksonville, Jan. still surrounds the pearance of Mrs. Wheeler, 12, -—-Mystery strange disap- Daney Campbell of Bradner, Ohio, who is supposed to have left K mmee, Fla., three weeks ago to visit rela- tives in Jacksonville. Patiently rel- atives in Ohio and this city have heen waiting for news of the elderly woman, but all attempts to locate her have failed utterly, and a wide- spread search is now being made to clear up the mystery and, if possi- ble, locate the woman. First news of the disappearance was gained yes- terday from Mrs. A. M. Gardner, a cousin of Mrs. Wheeler, who resides at 252 West Sixth street in this city, and who has been informed that her relative came here three weeks ago. STEAMER HELPLESS DN THE ROCKS (ny Associated Press.) | St. Johms, N. R., Jan —The steamer Cobequid, bound from Hali- fax with cargo and passengers, fis lashore at the mouth of the bay of Fundy and the situation is danger- ous Ships have gone to the rescue | but can not reach her because of the Istorm, says a wireless. : ILLI\OIS FIRE\IEN MEET | Canton, I11., Jan. 13.—The State | convention of the Tllinois State Fire- Association opened here to- day. Fire insurance and protection will be thoroughly discussed. From some of the prominent speakers the delegates will learn something of what Illinois owes its firemen. Imvn‘s