Hamilton Evening Journal (Newspaper) - March 21, 1914, Hamilton, Ohio U MWM Will Pages Today Journal in Wut Ads By i Bij a Reason TbU Director of Public Safety Charles f Deneen Tells How To Avoid Crossing Accidents HAMILTON JOURNAL VOL 78 HAMILTON OHIO SATURDAY MARCH 21 1914 PRICK TWO CENTS BY JO CUNTS A FAIE CLOUDY PROBABLY SNOW Got Anything Yon Try An Adv in TIM People's Column Will Our Readers Kindly Tell Their ol They da Cet Ail the FIRST in The Court of Appeals Refuses To Stop Hearings By Ten Judges On Flood Prevention Petition Higher Court Knocks Out Contention That Judges Have No Jurisdiction In Counties Where They Do Nat Reside ADJOURNMENT TAKEN UNTIL Those Opposed to Conservancy Plan As Designed for The Great Miami Valley to be Given An to Present Con- Court to Determine Us Own Status COURT Of APPEALS 10 DELAY FLOOD To The Journal Dayton 0 March a unanimous decision Judges J I Allread of Darke county H L Ferneding of Montgomery county and Albert Clarke county sitting as the court of appeals at 10 morning refused the writ of prohibition which it was sought to prevent the ten judges in the Great Miami valley con- district sitting and hearing the petition for the creation of the district and ordering the necessary legal procedure for flood prevention under the Vonderheide conservancy act The argument of the counsel for the plaintiff in the case was thai the of common pleas judges of Montgomery county had not power to sit on question at issue as it involved The court of appeals unanimously de- against this contention and permitted the hearing to proceed Immediately upon the rendition of this decision by the court of court with Judge Sprigg presiding in the Memorial hall and the hearing proceeded Where it had been stopped yesterday owing to the hearing on the petition for a writ of prohibition The Court of Appeals To Interfere With The Court To The Dayton 0 March 21 People fighting for the protection of their lives homes and properly I'rum another devastating flood won ii victory today in the of peals when the lo from that court a writ of prohibition to stop the ings liy the ten judges of the com- inon pleas courts the comities the Miami valley conservation district failed The argument upon the Upham application was heard on Thursday 10 ilay morning Judge Alfred ding and of the court of peals rendered their decision ing that judges do have the the application far creation of a conservancy As soon as decision had lieen rendered the conservancy court again assembled in Memorial and had presented lo it a protest on I lie part ot hose opposed fo Hood prevention against judges ing the application the of the district it was agreed that the opponents o tin flood tion plan should be given lime in which lo consult and arguments These arguments will be presented Id Hie conservancy court on next Tuesday and that court itself will then decide upon its to sit hearing The court at noon until next Tuesday morning tit 10 The court of appeals did not upon tlic constitutionality of the con- act H leaves to tlic con- court the matter vf ing this matter The refers In fair I writ of tion is intended only lo take care of unusual court cases nnd not lo inter- fere with the usual court ings nor tlie regular court proceedings The urgency of the case in hand determined Ihc court to return an decision Conservancy Court ment of John A McMahon Dayton March 21 The court of appeals consisting of Judges of Daylon Kunkle of Springfield and of ville this morning denied lie writ of was asked for by David C of conn The writ ot prohibition was pleas i ed against the ten judges sitting as court The argument the court of appeals by the attorney for were essentially that court of common plans has not the ight lo try case by reason of he conservancy act and that no oilier law in Ihc state which rives it this right The denials ther set forth that the conservancy aw provides for the organization of he court the common pleas consisting of ten judges that be authorized by any other aw in Ohio He filed in substantiation of his a large number of rulings the English court Crom which he our common laws de- rived In his closing remarks he the jurisdiction of tlic pleas court declared that it was only lo determine til ol the people that the writ was brought John McMabon of was icard in reply advising thai il was he purpose of the courts lo decide Ihc individuals mil between individuals themselves when Iocs had Irod upon contrary fo Jaw He declared that the cases cited by he opposing sel were suils instigated for protection of the crown and bad no bearing upon lie case af hand He in turn a number of cases his arguments Attorney further de- clared that lie writ of prohibition contained no allegation of injury and hal no damage had been shown There must be injury or damage of some kind o develop a case of tills continued Mr and none is here claimed thermore he declared that the Ohio constitution provides Cor lion of conservation reclamation and drainage districts and hat he legislature therefore bad a perfect right to put into a law which outlines Hie procedure for the of these districts He mode a strong plea for immediate action in the decision be torn the court ing- that Montgomery county though having the most territory wilhin the proposed conservancy dis- had no greater represent at ion Continued on Page The Ten Judges Who Are Hearing The Case ol the In the top picture of the illustration are inserted the te n judges who constitute establishment a flood conservancy ill Miami valley picture is graph tlic Daily News staff just us lie Jurists Memorial hull where the formal session or the court was from Judges Jones of Miami of Kyle of of of Murphy of or Clark f Hamilton of I nun or The shows a nl the which came up from Hamilton the meeting They were photographed the nf the Union depot to r Mn ily court for a ight they j INCREASED KATES SUSPENDED on -1 increase in rates in GEN CASTRO lies aim i nun lain ONUS in f If was suspended today by OT zuela s located DEATH CLAIMS NEWTON tlie until July San lose Santa Clara ami en- joy rales The I he ul local rales between them nnd Sacra in MI to In add il inn tc I lie rates to and Sacramento GIFT oi Spain Ti tif been unknown for several months was tuday A last A nf from John Rockefeller to he j by and International N Men's rounds ft and Ji lew at is j revolvers This discovery led to a further laid today file police d to a lionse which been CHANCE TO RECOVER occupied months liy icn B Steven filled with Cannelo of the drpe was found jil the Pennsylvania er a Friday ami locki so ho return In liis STOLEN TIRES The tires stolen from ill Fisher's automobile vere taken from one-time dictator was extremely in garage in the alley running north over I'm procedure of off of Market street police whose methods he denounced las harsh I New Haven Conn March Henry i federal referee in district lay nf heart failure Mr was personal counsel lor William Jennings lor of the estate nl n Mr a in I he superior court which a lo the executor in a sealed letter with I lie will Uprising in Santiago I Inert a accord inu lo private ad vires received at The reason the executions is said to of Angeles one-time and in eral rehrl SMEDLEY'S CHARGE i Health A 1 01 I signed a warrant in ihi Many roni British Army As ble Over Home Rule Becomes More Acute London March 21 The utmost activity prevails at the war office and in the other ments of the government affected by the apparently grave situation in Ul- ster All the state day cancelled their usual Week-end trips to the country Col lolin Scely secretary of state lor war and Spencer ill first lord of the admiralty at the war office this morning After i he a statement was issued com the report ot the of some army officers serving in Ireland and stating that will he dealt with in due ami coarse by General Sir tlic COURT MARTIAL HELD March A romi martial ot Vnn La Mil infantry regiment for killing in a duel on here today l he I rial will be made known the verdict president oi t hat the the would be i discipline MARTIN'S FUNERAL ly irk March I'm died recently in hm in Imro will be H N V Humors were in circulation today thai many oilier officers of the army serving in the south of Ireland will Sixth and I if ordered with and milk In a a Vine Mr Malloa was to ihc police 1 I he point ol the news rant read t alter L was he released on a WiO i lion among n the a on proceed to their regiments The taal of among them still problematical but alumni play the ilu considerable was evident are coming along morning and all point to a I the Tomorrow the rehearsal of the CATHOLIC REHEARSALS held in SI hall will be a rehearsal ot I he entire be present WED 1 The actual fact of this disaffection is I he more discomforting o lie lary since the army is short of sioned of a crisis in the if a of undertaken against Ulster rf I long been fanl ill halt -I il is believed that Aipia both of Kii on
