Indianapolis News, Indianapolis, Marion County, 18 April 1919 — Page 31
THE INDIANAPOLIS NEWS. FKIDAY, APRIL 18, 1919.
31
8V STATE PRISON REPTATIVE TO BE MAOE.
LEADERS MEET
of tlw road* of Sdaiiori eoona repraaantative of tb« Indiana prison with a viapr of having the with tlfns manufacat the prieon, wa* ordered Thur*by the board of oounty The order wae given at of a luncheon at the Ctaypoot which the comsniaekmer* and of Marion county and the countie* were gue*t* of the Club. The officials from tiding countie* were here at of the local commiasloner* of road eonatroctioti the new. county unit law.
On Oiapiay.
Metal *igr>» for road porting, made at the primm, were displayed at the luncheon and talk* were made by M. E. Foley, a trustee of the prison, and E. J, Fogarty, warden of the prison, urging the county officials* to adopt the prtsoa- ' made signs for roads. The eigne, it was explained, can he bought at lower price* than other signs, a* no attempt t* made
e profit* from the manufacture prison-made product* wdd to Klgns indicating dangerou* the road* and giving dlrecttrm* distance* from point* on the road
Cn",
First, that the German* have } be paid out of the proceeds of the sale, tils art thieves from royal, ruffian I was error, as tbe statute contempiataa only prince down to common, ruffian aoidler. i th * t the administrator or eaecutor shaU aell ^to3fSS^ JfSSSliSS, St s *2? m «Z% «52 £ r'ZTJZZ ^
The German* are no tit custodians of ito other oenefictarie* m Thera w ao er-
any of the fine thing* which the civiUaed wortd prizes. ALFRED M. BROOKH
Bloomington, Ind , April 17.
SOPfiEME COURT.
rer in the thtrd eonciaatcMi of law providing that tbe taxes accruing during tbe life titae lea the iaads coaditleoaHy given to Iseta trtx’s fewer child should be paid out at the residuary estate, a* the meter child too* no taxable interest In the property during tbe I life of the testatrix. Hi Tbe exception to the fourth' crwsurion .of law is m ’ 1
Attracts of Opinion. Handed Down j
Aprn i7, im. S ZZSZSZ
DECEDENTg ESTATE -J' HSHERITAXCE j «** of dinsbiUty. but retaining a Bfe estate TAX—GUARDIANSHIP. | to teWatrtx. _ There being aa covenant* *f
to testatrix.
which bad accrued agaurm K prior to tbe ex
lever sad. Harvey, C. JT.
U) This to
appeal from aa order of the eeutieo of the deed, and there was no llnbmty the appellees to aeO reaJ | em the part at the estate of testatrix to pay It. ►bt* and determtelog the in- j -i) The tertatnx bad a foster child who was
was afterward di
•Kate to pay debt*
ha paid out of the I small, wbo wa* .d^ted by berseif arvl
»^cuu
^S f Sg% l 2HaA‘s s*sr^f a^-rs^rs-^ *“*
Tiwre was no error in tbs firm * prevent tbe former bushsnd.
pllcatkm fhr appointment as guar«*ns an-l the divorced husband-foster-father filed objections and application to bs appotntsd guarHC^SC?1|S the executor* to uphold the prcvUiorui of be wlU. The trial eoor: held by the «txth con- ^ ia.v that the residuary estate was not liable for these oasts, but that the interest given to the foWsr ehtid maw b«wr these costa. The apoeitees by CTOspttanssad i r |-|i M wi pon chaUenge this ccrviamon. tncee ms^STof STo^t bold that tbs interest at tbs child mast bear J*!^?***^ that the coochtslon sf lew J* faewwCT, ^ma Harvey. C. J. and Willoughby. J-. tarntmaa
that thto
“SSr^l In* the up-
of ihirti M a»rnn~; fw
2 , r 3 Uss^*2ir'<B s,srof™ not state or oousidsr the contentions of the aopcllses that the appellants having tnad” ,, _ ctiivi a f^aM^nanr could not sheo * any of the other gueaoons «< ,iw*ettewi at
seated himself for ft rung tbe office, but the appellants, three of the five trustee*, and including the former trustee from the Second ward, refused, over the protest of the other two trustees, to let relator set as trustee. The relator then brought mandate proceedin** to compel their acceptance of relator as trustee in tbe stead of the former trustee. The coon sustained the relator's right The action at mandate was a proper remedy under these circumstances. r*> The appellants, relying upon Low va. Dallaa (1M6). MS Ind. »t and Daly va. dobbins (1*07). IM Ind. tm. contends that tbe statute regarding selection by lot applies only to the first election in the town, but the court reviews the law as it was passed In isa and the after amendment* and holds that as it now stands that the rule for selection by lots applies to ail town elect loon
Appellate Court.
me court giving her custody of the child The wlU uss drawn to provide far
foster father.
conclusion of law ordering the payment of j from inheriting any of the eatate of testatrix
the foster
». «tu ^ tot. Si % .ta IJSSSTar ™ U did not contemplate the mymont of other will, to wh>m a bequest was given and to man the ordinary costs of adminketrata»n. m | whom the child's isnds were glfsn tn trust J** ‘™ n /f d*T»f that alf of ths inheritance 1 during her minority, as guardians of tax upon tbs other devices and gifts should'I chU-l. The** nominated guardians filed
by appelleen tta merits.
but tbe
STREET RAILROADS—NEOUGB.VCE—AT-
\ REAL AND ERROR.
K32. Indianapolis Jb Cincinnati Tractloo Company va. Nettle Serour. administratrix Hendricks C. C. Affirmed. Batman. R J n> Ths complaint does not affirmatively Hjow contributory negligence on the pstrt of the decedent. (?) The evidence does not conclusively show that the decedent was
mate cause of the injury. (I) The ai car hit ths wagon of the decedent rear while it eras traveling along ' upon oil up
guilty of contributory negligence, nor doe* it conclusively show that the decedent had no tall light at the rear of his wagon, nor would the court be Justified in determining that the absence of such a tall light was ths proxi(S) Ths appellant’* — from the tii# tnuclt the street where the snow was swept upon the sides of ths street, making the sides of ths street almost impassable. The accident occurred tn tbs city of Indianapolis after dusk, and there Is evidence to show that the motorman first saw the wagon when about m feet distant. Under this evidence there la no presumption that the deceased saw or abould have seen the car before It struck ths wagon, he was only required to exercise ordinary car* hi driving the wagon. (4) Where the appellant complain* of an Instruction given, but it embodies the same principle es one requested by the appellant, but the appellant brings up a record without the refused requested Instructions so containing such principle. It Is incumbent on the appellee. U she depends upon tbs rule of invited error to support the Instruction given, t# bring ths requested instruction Into the record for the consideration of the court of appeal. (*) When the Instructions given are considered as a whole they are not subject
to the attack which the appellant directs against each which are attacked. (6) The instructions regarding the headlight Is not well taken, as the appellant was required, regardless of the ordinance, to operate the cars In the city with regard to the reduced headlight, to make them reasonably safe to the public. (7) A general allegation of negligence ia all that Is necessary to make
It ^proper tar the court to instruct on the
| last clear chance.
JUDGMENTS—LIMITATIONS OP ACTIONS 9TT4. James L. Odell vs. William A. Green. Miami C. C Appellant's petition for rehearing la denied. Dausman, C. J. Original
opinion, m N. E. 304.
a) The decisions of ths Dakota supreme court under the Dakota statute is not controlling to this court, especially aa the statutes are radically different and the Dakota laws contain no section corresponding to Section 717, Burns. 1914. The court may
grant execution on any Judgment after any lapse of time upon a showing that It hag
not been paid. (S) The twenty-year statute of limitations does - ” —
___ not destroy a judgment,
but only raises a presumption of lie paymept. If the statute were construed to declare all Judgments more than twenty years old paid it would be unconstitutional, as ths courts can only withhold remedies against old demands but can not annihilate them.
Crane Minister to New Republic. WASHINGTON. April IS.-Richurd Crane, private secretary to Secretary i Lansing, and son of Charles R. Crane, i of Chicago, has been selected as first American minister to the new republic | of Cxecho-Slovakla. Announcement of i his appointment Is expected from Pari* shortly.
5SS
tempted t? be rai
case is considered __ Sgi* TOWN ELECTIONS—SELECTION BT LOT. j city. Relator and another received c^*-• number of votes and in exes** at t ^_Z ct ^ * for the third and this fact was certified by • lor tne miru. the election tesp^c-
tbe lucky | and pre- ;
stance* from point* on ths roe to nearby cJuss are Included (t of sign* offered by the prl*
county com missionr a survey of ths
I to ha ving ths sign* mad* by from other coun-
Jfaur Survey* „ fbulr counties
probably
said slmllla Id be asked (a
xtendina Roxd improvement, visiting officials were urged in
i at the luncheon to co-oper-Marlon oountg official* to from the Hn# through the ad Joinhus providing a network road* from Indianaity seat* of all the tntle*. Talk* were made nodrlch, Kl* »tan*bury, I; Rrnsley W, Johnson, attorney; Carlin If. )h O. Hayes, of the of commissioner*, and Roy Adam*, at
Club.
h told the commlsto have an Important #'» mad building pro-
_ next few year* and he to co-operate with the state imiaslon. Between IM and road should be Improved direction of the state hlfh-
relve
during the next twe! 1 The pweent hl|h
it muat be combatted
atats and county agen prlcea down, he aald
purchasing power of mty agenclee to force
Willingneee to Co-operate.
The visiting commissioner* expressed wililnffneae to co-operate with the county commtsalonere by exroad Improve menu from the county line through the adjolnThe vlaltor* were taken m to the OawfordavlUe ^ speedway where they in._ficrete pavement that la be-
isted.
IRTED TROOPSHIP FIRE.
irman on Hamburp-Amerloen Liner Held for Obeervatlon.
BOSTON 1 , April 19.—Julius Flacher, an agent of the Hamburg-Ameiican steamship line, set fire to a stateroom of the transport Patricia Wednesday night, while ths vessel was steaming to this port with nearly 1,000 American soldiers. The fir* was extinguished by aaemhera of tha «crew and Flacher was placed In iron*. The Patriots hall* from Hamburg and to on* of the rtrat of the German merchant fleet to be 1 timed over for uae by the Untied State* according to an agreement with Germany. Flacher to one of neveral Germane who were permitted to remain on hoard the liner to represent th* vessels'a ownar*. The German wan taken to Ahe naval hospital for obaervatlon. Other German agmta and a number of American officer* on the Patricia «ald that Flacher began to sot strangely while the ateamer was four days out of Brest and that he wa* confined In a stateroom, under guard. Ernest Welmmer, chief of the German agents. Insisted that Flacher was mentally unbalanced. Flacher. according to Major Frank W. Cavanaugh, former Dartmouth football coach, started the fire by manipulating electrical wire*. .
TWO HOOSIERS WOUNDED.
Only One* Named in Casualty Report for Army. WASHINGTON. April Ik-Only two Boosters were named In the army casualty report today. Thty were: SERGEANT V11tC.II, G. MORGAN, I atm Mary e«„ Lograasport, eMgbtly wounded. SERGEANT ARTHUR MURPHY, 11B3 Williams at.. Huatlaglea, slightly wounded.
Germany* Art Thafte. To th# Editor of Th* News: Slr—Allow me to thank you moat heartily for the editorial tn thia evening's Issue concerning work* of art stolen by Germany. You bring out two Important point# very clearly; point# which can not be made too clear, or too
first
XAUNf
IWSHADi*;
ILL MFO. CO** "VOlAWAWOW** ■
Open Saturday Nights Until 9:30
45 SOUTH ILLINOIS STREET
No Charge for Alterations
Rite's
DRESS UP
FOR-
EASTER
Do it tomorrow at Rite’s. Wonderful stocks of the most up-to-the-minute styles and Rites is prepared to give you prompt service, so that you will get your Easter suit on time.
Rite’s Women’s Shop
Third Floor, Take Elevator Batraaee Thru Rtte’s <Toa Shop.
Spring Suits $17.50 to $35
Dolmans, Dresses, Capes, Stub & Coats $15 to $40
Skirts, $4.95 to $15.00
All the new styles, models and shades at prices that are sure to appeal.
Rite ’a Men’s Shop
FIRST FLOOR
Spring Suits
1.00
The new styles are in. They are classy and up-to-the-minute. At the prices, no better clothes can be bought than Rite sells. Also complete line of topcoats,
raincoats and trousers.
AUCTION
Everything in the store to be sold at any price
it will bring. After the auction I will remodel and start with a fresh stock of new and used
goods. If you want
FurnitureandRugs
at your own price, attend the auction sale which will be
ALL DAY SATURDAY
Beginning at 10 o’clock 444 East Washington Street
Besides furniture of all kinds, there will be sold to the highest bidder hiyidreds of new undamaged rugs—Axminsters, velvets.
Brussels, m 9x12 ft. and smaller sizes. Also matting and grass rugs, many in their original wrappings. Also a number of used rugs. Also smoke and water damaged rugs. SPECIAL—At 2 p. m. we will auction off a lot of new undamaged 9x12 Axminster rugs of fine quality with heavy pile—the kind that retail at $50,00 to $50.00. Also some larger sixes. SIXTY DAYS’ TIME—To those who will depoeit Liberty bonds I will give sixty days’ credit. The interest on the bonds is to be yours, not mine.
Robt. D. Glazer
gHpHSHeaaH mm* Subscribe * V p3 lhe fine I SaLda^^k •S3 Victory M I nni* m
Loan
RITE’S NEW SELLING PLAN —Fair to those who pay spot cash. —Fair to those who charge their purchase.
Aar etore that opeaa CHARGE ACCOUNTS mast rkerge MORE lev Its merehaadlse la order to eovor the EXTRA EXPENSE eaaecd by r ha rare sales. Aar etatemeat to the contrary la RIDICULOUS aad aa INSULT to your INTELLIGENCE, At Rite** ALL GOODS are marked In PLAIN FIGURES and at the LOWEST POSSIBLE SPOT-CASH PRICES. If you wish to charge yonr purchase, you will be • ' am— im eheerfully aeeommodated, hut Rite Is compelled to make a SMALL addition change. Thus the person paying SPOTjC^Sli: here at Rite’s, bays for LESS Jhan th* who opens a CHARGE ACCOUNT. Rile think* that YOU WILL AGREE that this plan 1* FAIR TO ALL.
Help
Bring
Boys
Home.
Get Your SEEDS
From Our Store and You Will Be Sure of a RFAI A Me JrTL Mmd GARDEN
I Your gardening aurora* depends more on Its beginning—the need*—than anything else. Good need* are those wisely ■elected aad tested ky the dealer. That** where our superior faciUtles aad many year* of experience benefit every purchaser -of Everett's O. K. seeds.
128-Page Garden Guide FREE
MX VARIETIES—344 ILLUSTRATIONS.
THINGS TO GET FROM US THIS WEEK
ASPARAG1S BRAN A BEETS. ^ BACKS ELLS SPROUTS. BULBS—Celadlum*. Cannes. Dahlia*. Gladiolus, Tuberose*, etc. r A B B A G E—-Seed and plants. CANNAS. CARROTS, i at i.ivi.n
Gibson Refrigerator Sale Reduced
$3.00
Just take $3.00 off our plain figure prices.
Pay 50 Cents Weekly
CULTIVATORS^
FLOWRRi. FERTILIZERS. FRUIT TREES.
The most serviceable refrigerator from every point of view ia a Gibson, and you save $3.00 during this sale.
SAVE ICE
$9.85
Will Buy a Good Ice Chest
We shall be very glad to show you the best ice chest in the world for so small amount of money.
We Treat You Right
H. Messenger®
701 CAST WASMIWCVrON *,t.
4 VO tVLROUV#* OEi_*w*tiac #v. Open Saturday Evening
m
i
WM
Modal HU Patent Pampe, Tara Solon, Covered Heels, Urtre.
SHOES
Sweet Femininity! Daintiness ever Attracts!
Dainty distinction in footwear will never cease to attract admiration.
Why not, therefore, come to-day ana see our selections in the Dorothy Dodd Shoes that are leaders from
Coast to Coast?
"■ /
Buy Shoes at a Shoe Shop Marott’s Shoe Shop 18-20 East Washington St.
'
PAINT
Hurst’s Best Paint, our customers say, is easier put on, goes farther, covers better, lasts longer and looks better than any paint they have ever used.
Ratail Value. 13.60 Hurst
Best Paint, per gallon..
82.25 Hurst Winner Paint, per gallon!
$1.75 Hurst Winner Barn Paint, per gallon$1.29
Our Price. .. $2.70 ..$1.90
$2.60 Hurst Best Bam Paint, per gallon....$1.98
We have in stock a full line of Flat Wall Finish, Shingle Stain, Roof Paint, Roof Cement, Enamels, Floor Paint, Screen Paint, Oil Stain, Wood Filler, Putty, Varnishes, Brushes, etc.
ROOFING
$1.50 Hurst Winner Rubber Roofing, 1 ply, per aq..l $2.00 Hurst Winner Rubber Roofing, 2 ply, per sq. $2.60 Hurst Winner Rubber Roofing, 3 ply, per sq. $3.00 Red or Green Slate Surface Roofing $2.00 Hoosier Double Sand Surface Roofing, 1 ply. $2.25 Hoosier Double Sand Surface Roofing, 2 ply..! $3.00 Hoosier Double Sand Surface Roofing, 3 ply.
1.25 1.65 12.95 >2.40 1.40 1.80 12.20
v |
We have a stock of Roof Gutters, Eave Troughs, Down Spouts, etc.
BINDER TWINE
Standard quality, guaranteed full length, full strength, in-
sect treated. Place your order now. Piric
ice, per lb. 21c
FENCE 10-bar, 47 ins., 9 top 10 bottom Fence, per rod 40C 10 bar, 47 ins., all No. 9 Fence, per rod 72c 7 bar, 26 ins., Hog Fence, per rod .‘16c 2 point Heavy Barbe4 Wire, 80-rod spools $4.25 4 point heavy Hog Barbed Wire, 80-rod spool $1.89 Poultry and Rabbit, 165-foot roll $5.90 Our fence is standard make, standard gauge, standard weight, heaviest galvanized, best knot on the market, GARDEN TOOLS $4.35 Garden Plow $3.,*15 $10.00 Garden Seeder $8.90 $18.00 Combination Seeder and Plow, complete $14.00 $1.40 Garden Spade $1.20 $1.00 Spading Fork . 82c 50c Malleable Iron Garden Rake -35c 90c Bowed Steel Garden Rake 70c 40c one-point Weeder Hoe .' .29c 45c two-point Weeder Hoe 34 c 40c Garden Hoe 33c 75c Garden Hoe 55c 80c Garden Hoe 60c
GARDEN HOSE
$6.00 Hoosier 94-inch 5-ply Garden Hose, 60 feet.
$7.00 Capitol 94-inch 6-ply Garden Hose, 50 feet... $7.50 Hill Crest % -inch 7-ply Garden Hose, 50 feet.
Hurco Red Moulded Garden Hose, % inch, per foot. Hurco Red Moulded Garden Hose, % inch, per foot. Winner Moulded Garden Hose, 94 inch, per foot. Winner Moulded Garden Hose, % inch, p^r foot. Wooden Hose Reels, hold up to 75 feet hose.
Couplings, Menders, Nozzles, etc.
$5.00 .$5.66 . $6*40 I..13C ...16c ■ 12 , /ic ...15c
LAWN MOWERS
$10.00 Hurst Winner 16-inch Adjustable Ball Bearing 10 *4-inch Wheel Lawn Mower $8.60 $8.00 Royal 16-inch Ball Bearing Lawn Mower.... $6.40 $6.00 Easy 16-inch Plain Bearing Lawn Mower $5.00 60c Grass Hook i 42c 40c Grass Shears 27c
COMPLETE! DEPARTMENTS
Hardware, Anto Accessories, Groceries, Feed sad Seed, Fnr-
nttnre. Shoes, Dry Goods. Electrical Goods, Vehicles and
Implements.
HURST & CO.
Newly Remodeled Hnrst Bldg., Peon, and Georgia Sts. Open 7 <30. Clooe 5:30.