Crawfordsville Weekly Journal, Crawfordsville, Montgomery County, 4 November 1898 — Page 1

VOL. 51-i*0. 44

Jeweler* and Optlclan-

REAL OAK STOVES.

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STOVfg

FULL LINE OF STOVES AT

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Venerable Old Age ....

Or laughing childhood, if their sight

is

affected, can be fitted

with glasses, after we have test''

ed their eyesight, to restore their vision and make life worth living. Our fine French pe^ ble or Brazilian pebble glasses

are both elegant and 'effect/

ive.

M. C. KLIINE.

Two Cutters, Two Vest nakers. Three Trouser Makers, Five Coat and Overcoat Makers. ..

This is the array of busy tailors now working at the Trade Palace Tailor* ing Department, You ask how we do it? By cutting stylish garments to fit the form, and cutting the prices to fit the pocketbooks. See? Listen to JC

Our Special Offer

For a Few Days:

A good all wool Suit, worth $17.00 for 9112.98 An excellent one, nobby, worth $22.00, at 16.98 A fine fancy worsted, worth $27.00 for 22.OO A good pair of all wool trousers for 3.98 A heavy all wool Overcoat for 14.98

Every stitch of our work is made in our own shop, by the best workmen. Come in and give us a look for your fall Suit or Overcoat. We will guarantee to give you 16 ounces of quality for every pound of price. Trade Palace clothes keep the cold out and comfort in.

Graham's Trade Palace

CKAWFOKDSVILLE, INDIANA, FRIDAY,

®bt (ttraMorkbillf |oitraal

THE CASE AFFIRMED.

Thfl Supreme Court Sustains the Decision of Our Circuit Judge in the Fonter Fletcher Ditch Cleaning-

Tne J. W. Hall ditch cate of Foster Fletcher vs. Trustee White, of Madieon township, has baen decided in the mpreme court against Fletcher, who will have to pay the cost, S32, for cleaning 2,700 feet of his allotment- on the side ditch, which is commonly called the Black ditch The case was t=oinewhat complicatou, aud so Fletcher objected to the tax lien placed on hiB land to cover the cost of cleaning his ditch allotment. The uutire allotment lays in Union township, while the Fletcher land assessed as being benefited is in Madison township. The ditch commences in Madison township and ends at the Fullen bridge over Black Creek on the Lafayette road. In 1896 Trustee White sent his ditch man to see Trustee Symmes, of Union township, and they prepared tneir notices to clean the ditch, Mr. White taking from the record all persons whose lands weie assessable that were located in Madison township, and no notice was taken in what township the allotment laid. So it happened that Trustee White, of Madison township, notified Fletcher to clean his allotment, which laid in Union township. Mr.

Fletcher failed to clean his allotment, although he did attempt to do so after Trustee Symmes had found that the allotment was in Union township, and had called Mr. Fletcher's attention to the matter. The ditch allotment stakes had all been destroyed or changed and the surveyor had to g-o over that part of the ditch and make new specifications and set stakes to correspond with the original specifications. Fletcher, however, failed to clean out his allotment to the depth required. Parties living north of Fletcher served notice on the two trustees that the allotment must be cleaned out or they would be held responsible for damage from overflow on their lands, and Fletcher set up the plea that Trustee White, of Madison township, had no jurisdiction over his allotment, which laid in Union township, and that Trustee Symmes could not have it cleaned because he had not served notice on him prior to August 1 to do the work. ThuB Fletcher stood out in supreme indifference as to how the two trustees would get out of the muddle. It was easily seen that Symmes could not handle Fletcher because he had not served a notice on

Fletcher prior to Aug. 1, and as White had served the notice in due time it was the only chance out of the muddle for White to clean the ditch out and take chances of getting pay out of Fletcher in some manner. Mr. White employed Pat Layne to clean the Fletcher allotment within a certain time. The work was commenced but the winter coming on, the allotment waB not all cleaned out in the time White claimed in which it was to be done, and he refused to pay for the work on this ground. Thus the matter stood when the 1897 time for serving ditch notices come aroand, and to entirely head off any chance of dodging, both the trustees notified Mr. Fletcher to clean his allotment. By so doing the plea of Fletcher made betore as to White having no jurisdiction would vanish by his having received a notice from the Union township trustee. Thus, if White had no jurisdiction over an allottment laying in Union township assessed on land in Madison township, then could Symmes clean out the allotment laying in Union township and assess the cost against land laying in Madisan township. A case just like this was never known to be in court before.

After the 1897 cleaning notices had been served by both the trustees and the Union township trustee had inspected the ditch and finding that it had just been cleaned, had accepted it on the 1897 basis, it was found that Layne had just completed his contract made with White tbe yeai before, and he demanded pay from White. By this Fletcher was really getting his allotment cleaned out for two years and he objected to even paying for this. White refused to ray Layne, claiming that the contract had been violated in not having it cleaned by a certain time. Layne entered suit against White »for the pay, and the day it was called in court the matter was compromised and White paid Layne 880. Then White filed a tax lien against the Fletcher land, and Fletcher entered suit to have the lien stricken off. The case was heard by Judge Raub, who held that Fletcher must pay the cost of the cleaning. Fletcher appealed to the supreme court and theicourt held that the trustee of the townshin in which the allotment laid was properly the

NOVEMBER

trustee to have the matter in charge, but Mr. Fletcher

,l

and allow tho work to be performed and receive the benefits thereof, and afterwards be relieved from paying for the same by a court of equity." Therefore, the cost of the cleaning' must be paid by Mr. Fletcher, while at the same time it has bpen settled that the trustee of the township in which the allotment lays, without any reference as to where the laud benefitted, layp. lia« charge of the matter. That. sunn-, liitch has cost several sinull fortunes tw conBtruct it yet it is said it is to bo re-al-lotted again next year. It iB said that, the b^no of 834,000 was expended in its construction and some of the large dredgi'* used are yet laying along its banks: There are cuts thirty-feet deep and through quick sand at that, and no power on earth can keep it down to grade one hour.

ti Voting Places. The following are the voting places selected for Union township: Precinct 1—Residence of J. S. Kelly, 610 east Market street. Precinct 2—House No.1002 east Main street. Precinct 3— Hesidenceof Chas, F. Ayers, 313

Beach street, corner Jefferson street.

PreclnOt 4—Prewitt boarding house,505 east College street. PreclnCt 5—Residence of A..M.HUllgoss. 610

Fremont street, corner John street.

Precineit 6—Residence of Charles Huffman, :V 407 east Franklin istreet. Precinct 7—Residence of A. M. Smith, 316 east Franklin street,corner Elm street. Precinct 8—Reuben Smith's wagon shop,226 east Malu street. Precinct 0—Residence of C. H. Cory. 303 north Washington street. Precinct 10-Residence of M. C. Hawley, 230 soutb Washington street, corner Wabash avenue. Precinct 11—Residence of Clarence Brltts,207 west Chestnut street. Precinct 12—509 south Walnut street, vacant

Btore room owned by J. S. Steele.

Precinct 13—Residence of W. H. scott, 410 west Market street. Precinct 14—Residence of Frank Barr, 300 west North street, corner Grant avenue. Precinct 16—Residence of F. G. Mclntire, 506 west Market street. Precinct 16—Residence of W. A. Swank, 1000 west Market street.

Republican Speakers.

The fallowing speakers have been Wofced io^thiiB county by tbe state central committee:

AT CRAWFOBD8VILLK.

J. F. Stutesman—November 5. AT WINGATE. j. F. Stutesman—November 4.

AT LINDEN.

General Dodge—Friday, Nov. 4, at 7:30 p. m. HON. M. D. WHITE'S DATES.

Alamo, Friday, Nov. 4. Brown's Valley, Saturday, Nov. 5. Linden, Monday, Nov. 7.

Mrs. Jones' Intentions.

Mrs. D. A. Jones, of Chicago, has purchased the old Elovey place on College Hill and will hold it in her own name until enough contributions have been made by the friends of the college to erect on the Bite a handsome residence for the president. Toward the erection of such a residence Mrs. Jones will also contribute, and when the home is once up she will deed the place to the college. Mrs. JoneB' husband was a loyal and generous friend of the institution and Mrs. Jones proposes to advance its interests in a substantial manner.

Mr.

Peirce ltapldly Recovering:.

Indianapolis Journal: A dispatch received here last night gave encouraging news of the condition of R. F. Peirce, who w»s stricken on Tuesday morning, and who is receiving medical attention at the city hospital atCincinnati. The message stated that Mr. Peirce is much improved, and yesterday was able to talk with friends at the hospital. The physicians thinks his temporary collapse from kidney trouble is over, and the patient expects to be out to-day.

When to Meet.

All election inspectors should remember that they are required to meet at the office of the township trustee at 10 o'clock a. m. on Wednesday, Nov. 9, and canvass the townBhip vote. They must have their poll book and tally sheet with them, the same ones they will use at the county canvass on Thursday.

Located.

Bertrand E. May, a recent graduate of the American School of Osteopathy at Kirksville, has settled in Crawfordsville for the practice of his profession, as will be seen by his card in another column of this paper. He expeccts to be joined by his mother next June when she will graduate from the same school.

Adjutant Powell and the K. of P. Adjutant Powell, of the 158th regiment, Wednesday received notice of his appointment to the position of assistant adjutant-general of the world for the Knights of PythiaB. His rank will be brigadier general.

4, 1898—TWELVE PAGES.

could not stand by

Governor SpeakM of It. in a Thaik«Ki vni(Pruclamatloii.

Govornor Mount Wednosrioy sued the regular state Thanuc-^iving proclamation as follows: "In oWdiiiJci to a custom transmitted bv our fathers, and with a keen son'-ti of our gratitude to Almighty (I '.i for His abundant mercies, the people of Indiana, with thankful hearts, should observe the approaching Thanksgivingday, which has been set apart by proclamation of the President of the United States. 'God has graciously crowned the year with His loving kindness and tender mercies. He haB rewarded the toil of the husbandman with abundant harvests. Evidences of divine favor are everywhere manifest, not only iu nature's smiling plenty, but also in immunity from disease and pestilence. Indiana rejoices in a year of exceptional prosperity. Labor has been furnished with compensative employment. The public carriers are freighted with the traffic of commerce. The flame of the furnace, the smoke from the chimneys, the muB'ic of spindles, the hum of wheelB, the stroke of the hammer, all denote that prosperity prevails among the people. "Impelled by humanity's cause, inspired by liberty's call, our nation has engaged in foreign war, through which God has led us to signal triumph with insignificant IOBS to our forces. The valor of our armies on land and sea the wise planning and swift execution in the conduct of hostilities, have exalted the nation before the world broadened our power and widened our influence among the ruling countries of the earth. The bonds of union between the north and south have been made stronger, for their united battalions have carried the flag of the Union to victory over the enemy to progress and the foe to liberty, causing the downtrodden and the oppressed to hope that their day of redemption is at hand. For all the blessings that our

A YEAR OF PROSPERITY. GOOD ROADS DECISION.

Heavenly Father has vouchsafed to UB, let thankfulness fill our hearts. Let ue, therefore, 'enter into.Hi»-g»t«B with thanksgiving, and into his courts with praise.' "Now, therefore, I, James A. Mount, governor of Indiana, do hereby designate Thursday, November 24, 1898, as a day of thanksgiving and praiee to Almighty God for the manifest tokens of His love and favor. On this day let the people rejoice in the light of divine beneficence and Bhow forth the Christlike spirit in efforts to relieve distress and make glad the homes of the needy of our land."

At Klrkpatrlck.

The greatest social event of the season took place last Satnrday evening at Kirkpatrick—a masquerade and peace jubilee in high life. The guests began to arrive fashionably late from north, south, eaBt and west, at the beautiful home of Mrs. Margaret Kane to perfect their parts and to pay homage to the wife of the late Lewis N. Kane, a veteran of the sixties and mother of John L. Kane, an expert in the United States signal corps. After this the masqueraders were escorted to the magnificent home of Eliza Westfall, and his amiable wife received them on the first floor with great amazement, then ushers escorted them to the parlor on the second floor which was beautifully decorated with flowers. Dancing was indulged in, and several selections of instrumental music were rendered. A very pleasant time was bad, and at a late hour the masqueraders took their departure. There were several present from abroad.

Keys Before I'ay.

There will be three ballot boxes used this year and there will be two different locks to each box. The inspectors keep one key to each box, and the other key to each box is given to the judge differing politically from the inspector. The law says that such officer having keys shall deliver them to the township trusteed before receiving pay for his work. Inspectors and judges should remember this.

A Matter of IntereHt.

THE JOURNAL is in receipt of the following card: "Dear Sir—If the heirs of Peter Morris, Robert B. Green and J. M. F. Brunt, of your county, will write me, they can learn of property interests for themselves. I have no interest in the matter further than to convey this information to them.

Very truly, W. IZKNBKRO,

812 Union Trust B'l'd, St. Louis, Mo."

Property Sold.

Lookabill & Darter Wednesday sold a house and lot for Harry Eller to Mary E. Shular price 8425.

PART FIRST

Itoml Supervisors May Forced to Make

According to an opinion handed down by Judge Monks, of the supreme court, road supervisors may be compelled by a mandate of a court to keep the roads in their districts iu good condition and may also be fined for failure to do so. The opinion was given in the case of John F. Cuttor against Road Supervisor John Obertate, of Ohio county, who, it is alleged, permitted the roads in that county to become impassable "by reason of being washed into gullies and the deposits of driftwood, stones and other debris thereon by tho heavy rains." The writ of mandate to compel Obartate to repair the roads had been refused by tho lower court, on the contention of the appellee, who claimed that he had not the power to issue receipts for labor nor the money to pay for it Judge Monks, in his opinion, said: 'The statute plainly imposes on a road supervisor the duty to keep the highways in his district in good repair, and he is authorized to call out the hands of the district to complete the repairing if the labor and tax are insufficient therefor. If a highway is out of repair, the statutes require that he place it in good repair. The plan and manner of making the repairs, and the material used in making them may rest in his discretion, but his duty to put the road in good repair is a public duty, and is imperative and not discretionary. if the adjacent land owners failed to remove the obstructions as required by law it was the duty of appellee tObertate, as supervisor, to have it done. If he had no funds, and could not give receiptB for labor on the highway, then it was hiB duty to call out the hands in the district.",,.

A Vicious Falsehood.

A Crawfordsville Democratic paper publishes a statement to the effect that if the Republican commissioners are elected that J. R. Bonnell and P. M. Maxwell will present a bill for $1,000 to the county for alleged services. The statement is a campaign lie on a parity 'with the Tom Bov»\e«, Yoantiivltte church, and Yountsville bridge lie*. No Buch bill was ever filed or ever will be filed The statement is a falsehood, pure and simple.

Broke His Neck.

THEJOURNAL Wednesday contained a short account of the death of Albert Meharry, of Shawnee Mound. The Lafayette papers state that his death was due to a broken neck, he having fallen in such a manner as to snap the chord. He leaves quite a valuable estate, which will go to his brother, Ethan, and his sister, MrB. Elma 0. Whitehead.

The Great Combination.

The Crawfordsville WEEKLY JOURNAL,...11.00 The New York Tribune 26 The Chicago Inter-Ocean 86 The Agricultural EpitomUt 26

•1.85

This combination, or anypart of it is for subscribers of THE JOURNAL exclusively. ______

Klectlon Bulletin.

C. A. Elliot and Bert Brady will publish for free distribution on Wednesday morning all the dispatches concerning the election received UD to six o'clock. They will be served in Crawfordsville and all the smaller towns of the county.

EulargiDg.

John Wampler haB rented the room recently occupied as headquarters for street fair, and as soon as it can be refitted he will occupy it with his fruit and candy store, adding a lunch count* er and ice cream parlor.

Judice RIarsli at Wavenud.

Judge Marsh spoke at Waveland on Wednesdayand was given a royal recep« tion. His address was masterful and logical and made a decided hit with the large audience present.

Prices For Horse Shoeing,

We, the undersigned horse shoers of Crawfordsville, have pledged ourselves to shoe horseB at the following prices commencing Nov. 7, 1898: 4 new keg shoes, toed $x 40 4 without toes 1.20 4 shoes reset

()0

4 hand made shoes 2 00 Bar shoes per pair j'gn I'ad and packing, per foot

JAMKS M. CUNNINGHAM, Gus DAVIS, -Com. IlERT BRUBAKEK, Charley Smith, Henry Coolman, Jas. Francis, Charley Crider, Joe Peek, Douglas & Russell.

Foto Button* Free,

For a short time only we will make one dozen Aristo cabinet fotos for the low price of 81.50 As a special inducement to our friends and out of town customers we will give three foto buttons, taken from life or a fotograf. with each dozen. Call and see our display of prize fotografs.

NICHOLSON'S SONS,

118% east Main street, Crawfordsville Ind.