Crawfordsville Weekly Journal, Crawfordsville, Montgomery County, 28 December 1900 — Page 1

VOL. 53—NO.

AIRTIGHT

A Kodak Would Make a Nice Present..

JEWELER and OPTICIAN.

The Holidays Ate Here

Lap Robes

We have just received! our large line of plush and fur.Lap Robes. Come1and see our $S.OO Robes. Our $3.SO plu»h Robe Is a beaut,?.

All wool Blankets.. Star-On Blankets..

$1.30 75c

ORNBAUN'S

HARNESS STORE.

LIVE STOCK

Hogs, Sheep, and Cattle.

I buy stock every day. My office is at the Quillin livery barn on west Market street. James Quillen buys when I am absent. Call and see me.

My farm of 264 acres at Yountsville is for rent.

W. M. ARCHEY.

Crawfordsvllle. Ind.

Public Sales

Saturday, Jan. (2,

William J. Miles, guardian of James Seybold, will offer for sale at private aale to the highest bidder, at the office of Whittington & Whittington, over 107 south Washington st., Crawfordsville, Ind., the following real estate: The west half of the east half of the southwest quarter of section twentythree, township seventeen north, range .§ west,, containing 40 acres more or less.

Hot Blast'

1*

Coal

And of course you are wondering what you will buy for that Holiday- oresent. I cordially invite you to call and see the thousands of beautiful things. Whether you wisu to buy or not, you are just as welcome. Should you see anything you want I will save you from 10 to- 20 per cent., and with our established reputation for square dealing you know everything will be just as represented. You will see the greatest variety of new and beautiful Rings, Brooches, Stick Pins, and in fact everything in Silver and Gold, and Dainty Articles, as well as Watches and Diamonds, Etc.

And

Wood

Nothing made to equal them. More heat with less fuel, and will hold the I fire. At

H.R.Tinsley&Co

M. C. KLINE

Death of Mrs. Win. Peterson.

Rebecca Virginia Harris was born in Montgomery county, Indiana, Sept, 15, 1842, and died Dec. 26, 11)00, aged 58 years, 3 months and 10 days. She was married to Frank W. Davis February 16, 1862. To them was born one child, Frank W. Davis, June 26, 1864. Her husband died at the Jeffersonville hospital, July 24, 1164. She was married to William P. Peterson, October 5, 1893. She united with® the M. E. church in 1803, and became a member of the Daughters of Rebekah at Ladoga in 1885. The funeral will occur at the M. E. church in New Ross, this morning at 10 o'clock, conducted by Rev. Reeder of the M. E. church. Interment At the

I.

O. O. F. cemetery,

under the management of Parthenia Rebekah lodge No. 423, of which the deceased was a member.

At Waveland.

Waveland is booming. The Thomas concert company gave a concert at the Christian church this week, Mr. Hughes, of this city, furnishing an elegant piano for the occasion. This is the first of a series of eight high class entertainments for the winter season. Among these, three lectures by professors of Wabash college are interspersed, all of which will prove highly entertaining. The schools are in the first rank, having a four years' course under charge of Prof. Mangrum. At Waveland resides Prof. Kritz, widely known to the early alumni of Wabash.

Were Married.

On Wednesday at the home of the bride in the east end occurred the marriage of John Largent and Miss Mollie Howard. About twenty-five guests were present and Silas Lytle and Miss Sina Ross stood up with the happy couple. The ceremony was performed by the Rev. Lawrence Blake, of Col\imbus. After congratulations a sumptu ous wedding supper was served and the bride and groom then left for their future home northwest of the city. Both young people have a host of warm friends who wish them all joy.

Death of Mrs. Dewey.

Mrs. Katherine Dewey died at her home in New Richmond Wednesday of cardiac asthma. Mrs. Dewey was 75 years old and was a most estimable old lady. The funeral will occur to-day at New Richmond, the services being conducted by Rev. Crim, pastor of the Christian church.

CONSTITUTIONAL.

Judge West Sustains the Caraway Law.

He Makes Some Excellent Points Regarding.the Sacredness of the Ballot

and the Moral andJSoclal Status of the Seller.

Yesterday in the circuitc court Judge West made his decision on the Caraway election law, the constitutionality of which had been questioned by Pauper Attorney Dwiggins, who appeared for the miserable fellows who sold their votes and who were} arrested on information last week. The test case was that of the stateivs. Frank Osborn and the decision was on the motion of defendant to quashjthe information on the ground that thej.Caraway law was unconstitutional. ." The defense held the law to be unconstitutional because it provided£only disfranchisement as punishment whereas, according to the contention

»p-

CRAWFORDSVILLE. INDIANA, FRIDAY DECEMBER 28, 1900-SIXTEEN PAGES

\of

defend­

ant's counsel, a man could be disfranchised only upon conviction iof an infamous crime and no crime was infamous that was not punishable by imprisonment or line.

Judge West after reciting the case before him rendered the following decision: "The constitution of Indiana "gives the right of suffrage to every male inhabitant 21 years of age who has conformed to the laws of the United States on the question of citizenship, who has resided in the state six months, in the township sixty days and in the precinct thirty days previous to the election. The only power the legislature has to take away the right of suffrage from any individual is that provided by section 89, article 2 of the state constitution which provides 'The general assembly shall have the power to define the right of suffrage and to render ineligible any person convicted of an infamous crime.' Never before to my knowledge has there been any attempt to separate disfranchisement and make it the sole punishment for the commission of a crime. In all other statutes disfranchisement has been considered an incident rather than a part of the punishment. "The legislature has the power to fix the punishment of a crime so long as it is not excessive, inhuman or unusual. That the punishment in this case is not excessive or inhuman is conclusive, demonstrated from the fact that if the allegations of the, information are true the defendant has considered his vote of no more value than that it should be placed on the markets of the world to the highest bidder, as he would sell personal property that it is not unusual we have but to look at the many, many statutes in our own state which provide disfranchisement in addition to imprisonment. Therefore, I take it that the legislature has the right and power to fix as the only punishment, disfranchisement, provided that the crime is such as is recognized by law as an infamous crime. "In many of the states there are statutes defining what are and what are not infamous crimes, but Indiana statutes at the present time do not do this. The decisions of the different states are not in harmony, some of the courts holding infamous crimes to be those punishable by imprisonment and hard labor, and others that if the act is infamous, it is an infamous crime regardless of the punishment. "It has always been regarded as one of the most important acts of the legislature to provide for the purity of the ballot. Up to the time of the enact ment of the Australian law it was pro vided that a person guilty of selling his vote was guilty of a crime punish able by imprisonment, a fine, and dis franchisement. Up to that time vote selling was regarded as an infamous crime, for it is admitted that so long as the punishment was imprisonment that the crime was infamous and that it was perfectly legal to add disfranchise ment. Now we have exactly the same crime, involving the same moral tur pitude, and yet because a part of the punishment has been removed the act is declared to be unconstitutional. "I think that in the matter under consideration that if the act itself carries infamy to the perpetrator, aside from the punishment that may be provided, that by the legislature providing as a punishment, disfranchisement, is a declaration on the part of legislators tbat the crime is infamous within the authority guaranteed by the constitution. "Let us look at the elements which

the act itself includes. What is known as the sovereign power is in all governments lodged some place and the betrayal of the confidenco thus imposed has ever been recognized as treason against the government. A rpan convicted of treason is convicted of the highest criipe known to law. Even the life of thei'man can be taken, and the conviction carries with it such infamy that the historian in recording it records it as tlhe blackest crime ever committed against government.

The compact that is entered into by the peopie of the United States is: 'In order to form a more perfect union, insure domestic tranquility, provide for common defense, promote the general welfare, and secure the blessings of liberty, etc.1

The sovereign power in this country is placed in the hands of the people by means of the ballot. Their vote embodies all the principles upon which our government was founded, upon their casting their votes from a conscientious standpoint depends the stability of the government, and he who sells his vote sells his country, and thereby commits treason against it. He takes away the foundation of the government and leaves the sovereign power as a property to be bought and sold. "From the time that Judas acted in the world the betrayal of trust and confidence bestowed upon a man has carried with it the sting of infamy.

It is a fundamental principle of law that an agent who has betrayed a trust can be removed and the power invested in him be revoked. The voter is the agent of the government for the purpose of carrying into effect its principles, and the moment he offers to sell himself out he delivers himself over to a principle that is an enemy to his country.

Infamy means public disgrace. A man imprisoned in the state's prison has been publicly disgraced, but is this the only means of reaching this condition? To a man who has the proper appreciation of the right of suffrage, who casts his vote from a conscientious standpoint, there could be no greater disgrace than to be convicted of selling his vote. To such an individual the crime is an infamous one. Then the question Is: Does the public so regard it? I am unwilling to declare that the public has so far digressed from the principles of their forefathers as to lose the proper appreciation of this right of suffrage secured to them and maintained at so great a cost and at the loss of so many lives. I think the public regards it as the most sacred trust ever imposed and the grandest privilege that was ever secured to mankind,Jand that he who barters or sells his vote is guilty of the most infamous crime that can be committed by man. "He who is disfranchised loses his manhood. He has lost his right of citizenship he no longer stands on an equality with his neighbor, the guaranty of the constitution that he was created equal to»Jall others, has been by him sold and transfered to another. I think it will notdotosay that such a man has not committed an infamous crime and that he has not been publicly disgraced. If a man.steals ten cents worth of property and is convicted of petit larceny he Jmay be disfranchised under our decisions. Gan it be claimed that the stealing of ten cents worth of property is a crime of greater magnitude than that of selling a vote? When wejreach a condition of affairs wherein the nrst mentioned crime is considered greater than the last, we have indeed reached a state in which the stability of our government stands upon a very frail foundation. "When we remember thatj it is the duty of our legislature to enact laws for the purity of elections and that such laws are for the purpose of declaring to the people the sacredness of the ballot, I take it from an educational standpoint that the law under consideration is the best one om^the subject yet enacted. It teaches the value of the thing itself. It says to a man, 'If the ballot is of no more value to you than what you can get for it in dollars and cents, we will take-'it away.' It is no punishment to disfranchise a man while he is in prison, for he has no desire to vote and is under the same restriction that every other convict is under. It seems almost a mockery to say that a man shall be disfranchised during the time he is in-the penitentiary. It tends rather to degrade than to elevate the right of (suffrage. But disfranchise a man andj not ^imprison him, deny him the right of suffrage and yet let him go free, refuse him the right that his associates have, let him stand around on election «day ana see other people cast their votes, let him have an opinion and yet not the right to express it at the ballot box, and he will soon realize the value of the privileges he has lost. His case will stand as an example to those inclined to fol­

low in his footsteps. A vote will bo valued by such people as it nover was before. "It is a fundamental principle of law that a right given and secured by law can by law be taken away and destroyed, provided that such action does not oonlliet with the constitution. "Tho legislative department is the state itself, speaking through its representatives, and it has solemnly declared that if the man in' whom it has placed its trust and imposed its confidence by giving him the right of suffrage, betrays the trust and conlidence thus bestowod by selling his voto, it will destroy and revoke the riglu so given. "I think by this declaration tho state has declared vote selling to be an infamous crime and that this court would bo going far out of its line of duty to declare such a law unconstitutional. If it is so declared I shall lot the supreme power of the state so declare it. The motion to quash is overruled."

When Judge West concluded Mr. Dwiggins asked to save an exception and stated that the men who had pleaded guilty had decided to withdraw that plea and stand trial.

NO RELAPSE7

Doyle and Parrlsli, tile Victims of Sunday's Shooting, Continue to Hold Their Own.

Both Frank 1'arrish and Charley Doyle continue to hold their own and both show some material improvement since Sunday. The powerful strength of both men is standing them well in hand just at present. Both of them are determined to get up again and this fact doubtless has much to do with their progress. The swelling of Parrish's head has gone down considerably but he is still the hopeless wreck he first appeared. Doyle can speak only with pain so all visitors not immediate relatives are excluded from him.

Douglass is still in jail and there is no prospect of his release in the near future. The story he tells of tho shooting is accredited only in part and no one believes that lie shot the men in the house or that ho did not know he shot any one except Parrish. On tho way to the jail he boasted that he had shot both Parrish and Bill Shular and changed his story only when he learned that it was Doyle and not Shular that had been hit. 3**

Recovered.

Special to The Journal.

INDIANAPOLIS, Dec. 27.-The child of Samuel Miller and grandson of ex-Attorney-General Miller, was kidnapped by its mother yesterday and recovered this morning at Lawrence, after a sensational, chase by tho police.

Are^Flghtlng,

Special to the Journal.

NEW YOKK, Dec. 27. —A Pretoria despatch says that Gen. Knox, with Barker, Psilcher and White are engaged with Dewitt's force near Leuwkop.

W. H. Smyth Shot.

Sperinl to The Journal.

INDIANAPOLIS, Dec. 27— William H. Smyth, grand secretary of the Masonic order of Indiana, was shot and probably fatally, by a woman whom he refused the use of his telephone. Tho woman escaped. There is much mystery in the case.

Death of Mrs. Lewis Hedge.

Mrs. Sarah Jane Hedge, aged 2(J years, wife of Lewis Hedge, diod Wednesday morning at her home on east Jefferson street, of jaundice. She leaves three children, two by a former husband, and an infant three weeks old. The funeral occurred yesterday from the homo at 1ft o'clock, and tho interment was at Mt. Tabor cemetery

Belgian Hares.

I have a few pairs of Belgian hares old enough for breeding, and a lot three months old, which "I will sell at reasonublo prices. Correspondence solicited. All stock guaranteed as described. Parke Rabbitry, Lyman Butler, Rockville, Ind.

Max Puett to Marry,

The wedding of Miss Madge Ott and Mr. S. F. Max Puett, of Rockville, is announced by invitations, Issued last week, to occur at the home of the bride's parents, Mr. and Mr. D. B. Ott, at 8 clock Tuesday evening, Jan 1, 1901.

A New Position.

Clarence McClure is homo from Augusta, Ga., for tho holidays and will return in a short time to take a position in the Montgomery, Ala., Y. M. C. A. as physical director, the position being similar to the one he held at Augusta.

lour mil.

PART FIRST

A NEW FIRM.

Andrew S. Clements and I rank C. Evans Start the New Century as Partners In the Loan and Insurance Business.

Andrew S. Clements and Frank C. Kvans have formed a partnership under the linn name of Clements & Evans, for the transaction of a general loan and insurance business, and are prepared to loan money on all good securities, at the lowest possible rates and grant the most liberal privileges also to insure all kiuds of farm and citv property. In their insurance department they represent, none but the oldest and strongest stock companies, such as tho Hartford, Manchester, Connecticut, and Home of New York. Mr. Clements needs no introduction to the insuring public, as he has boen constantly in the insurance business in Montgomery county for the past twelve years, and his prompt and satisfactory adjustment of losses are well known to all while Mr. Evans has a large and extensive loan business and is well and favorably known throughout this territory. Their facilities for making loans are second to none, as they are state agents for a large loan company and have ample funds on hands at all times to supply the demand. All of their farm loans are made at 5 per cent, interest, giving the borrower live years' time, with the priviloge of prepayment of part or all of his loan at any time.

They make all of their own inspections of securities and all titles are examined by their local attorney and as their funds are on deposit there is not the delay or publicity generally experienced in closing a loan.

Tney are also prepared to buy bonds, mortgage notes, personal notes and to clerk sales and cash all notes taken. We recommend that any one desiring insurance or contemplating borrowing money consult this new lirm before completing arrangements as they, no, doubt, can save you money. Their office is located at No. 107 north Green street. Crawfordsvilie, Indiana.

PERSONAL MENTION.

Short Items Relative to the Comings'

and

Goings of Crawfordsvllle People and Their Friends.

-—John Irwin is homo from Texas for a visit.

—Mrs. IS. II. Cowan is seriously ill with typhoid fever. —Will Coleman has resigned hia position at Dr. Whitenack's drug store. —Mr. and Mrs. Joe Stowart,

«f

Indi­

anapolis, have returned homo after a visit with Mrs. M. P. Ilarley. —Mrs. Riley Yount and daughter, Bessie, of Frankfort, are the gnests G* R. SnodgraBs and family. —Walter Breaks went to Indianapolis yesterday to attend the Meeting of the townships trustees' association. —Mrs. Roadarmour and Urs. Ida Harney returned to Ladoga yesterday noon after a visit with Judge Harney and family. ,, -1. N. Miller has resigned hig posi-i tion at Graham's Busy Stora and has accepted a traveling position wftiii *ly & Wf lker, of St. Louis.

Capt. W. T. May and wifa will arrive from Plattsburg, N. Y,. next week and will probably visit bare a couple of days before starting for bha Philippines.

Notice.

Persons holding orders for gravel, lumber, road work, etc., against Union township should file them with the trustee at once.

Death of S. W. Grayson.

S. W. Grayson, a former railroad conductor on the Vandalia. died Dec. 20 at San Francisco, Cal., at tho home of his sister. Me was the father of Miss Lulu Grayson, of this city.

Carpet Ball Social.

There will be a carpet ball social and entortainment at the Yountsville schools Tuesday evening, Jan. 1, 1901. Teachers, Earnest Weesner and Mist Jennie Sweeney.

Marriage Licenses.

Mack C. Edwards and Rose M. Bard, Albert C. Shobe and Myrtle Layton. Sylvester Johnson and Mattie Alnutt.

Manson Keiler and Rivers. Will Stephenson and Mattie B. Harter.

Nannie Louteta

John F. Largent and Mollie E. Howard. Charles M. Fraley and Minerva J, Meharry.

Harry M. Freeman and Pearl Ruth Cunningham, Walter McKee Elliott aid Floru Belle McKee.