Decatur Daily Democrat, Volume 5, Number 83, Decatur, Adams County, 3 April 1907 — Page 1

DECATUR DAILY DEMOCRAT.

r olume V. Number 83

foVER MAYOR COFFEE’S VETO three Resolutions Were Passed by the I Council

STORMY SESSION 1 ______ 1 I ladison andThirdStreets; Ordered Paved 1 ( - ' < OMBNT WALKS ON SECOND ST. t l ( intract to be Let For Entire Im- t provement—Superintendent Fulk is Discharged. 3 t t t rhe city council met last even- j ; In regular session at the Library j tiding, Mayor Coffee presiding and J try councilman present. The min- ] ss of the last meeting were read £ d approved. The proof of publica- 5 m in relation to giving notice of , aring objections on Madison and ( did streets improvements, was read £ d the citizens and taxpayers along ( e routes of the said improvements r >re given an opportunity to be heard j ■ the council. The citizens present ( lo spoke against the improvement ( Ire Peter Forbing. H. S. Porter and . Dies H. Stone, their most serious t jjection being that the street as it ( 'now is in good shape and therefore j lould not be improved. Those talking ( [favor of the improvement were A. R. f >ll and S. J. Laman. After taking , I five-minute recess, during which ( e council talked over the matter ( hong themselves, together with the ] Igineer. a motion was made by Chris- ( n that the streets be improved as ( Saved for in the original petition, this , ting adopted by a unanimous vote, . id a resolution was drawn directing , le city clerk to prepare his notice , ir the selling of the same and setting , time when blds would be received ( I the council. A water meter resolu- j bn calling for the use of a good. , (liable meter by every person using j ater was read and adopted by the . luncil and after July 1, 190", those ■ tit having a meter installed will be . fprlved of the use of the city water htil they comply with this order. The , latter of the sidewalks along the , forth Second street improvement was Jen taken up and John F. Snow, rep- , Renting thirty property owners, filed remonstrance against selling the . Idewalks to the lowest and most reponsible bidder, and made quite a ingthy address to the council, showig why the sidewalk should not be bld and asking that each property iwner be permitted to put in his own talk. A. P. Beatty spoke in behalf t the petitioner and showed why the Idewalks should be sold thus and the Advantages to be derived therefrom. Jpon motion by Christen the petition is prayed for w’as granted and the idewalks will be advertized and sold, he same as a street, to the lowest and host responsible bidder. James H. Itone then filed a petition signed by 1 number of property owners along Kadison street, asking that the council, when it came to building the brick itreet, to use the present stone as a foundation for the street, he claimtag this to be a more solid foundation than new stone thrown in and rolled, the petition upon motion was referred lo the street and sewer committee kho were instructed to talk over the I proposition with the engineer as to the advisability of the same. A statement showing the price that a ten inch well could be driven for it the waterworks was tendered by I. F. Shellebarger and upon motion •fas referred to the water works committee who were given power to act In the matter as they saw fit. A petition asking that the city cause to be built a sidewalk along the east line of Mercer street from the Chicago & Erie railroad south to the corporation line was presented by Daniel Haley and a number of other property owners and was referred tothe street and sewer committee for consideration. The Mayor's veto on the George E- McKean resolution, wherein the fltaance committee had heretofore effected a settlement with Mr. McKean, [for the sum of 1300.00, and asking the [council to ratify the same was read, in which the mayor set out his reasons in a clear and concise manner,

stating that it would be unlawful to pass the resolution as the council had never been authorized to make a settlement and neither had McKean ever submitted a proposition for a settlement. At the conclusion of the reading of the veto, Christen moved that the resolution be passed over the mayor’s veto, which was promptly seconded and the mayor was forced to put the question. Before doing so he made a speech in which he went over the entire case and showed again his reasons for vetoing the resolution. He then ordered the yea and nay vote called, which resulted in Christen-, Burns, Martin and Van Camp voting yea and Chronister nay. Christen then moved that the resolution authorizing the discharge of Waterworks Superintendent W. E. Fulk, be passed over the mayor’s veto. This was seconded by Burns and the question carried. The mayor had formerly vetoed this resolution, setting forth his reasons and stating that the council had no power vested in them to discharge this man. The roll call on the adoption of the question was read and the vote resulted in Burns, Christen, Martin and Van Camp voting yea and Chronister nay. Thus passing the resolution. The resolution regarding the employment of Clayton N. Dorwin to fill the vacancy of W. E. Fulk which the mayor had also vetoed and given his reason, was read and Christen moved the same be passed over the mayor’s veto. This motion carried. The mayor ordered the roll call on the passage, which resulted as follows: Burns, Christen, Martin and Van Camp voting yea and Chronister nay; The motion was declared adopted. Thus the council has hurled defiance to the mayor and by their actions that they expect to run the city’s welfare as they see fit and will not listen to the dictations of anyone. The battle seems only to have started and several more warm sessions are looked for in the near futture. Upon motion by Chronister, the entire amount of bill No. 7211 be allowed, with the exception of that portion purporting to be the salary of W. E. Fulk, which was disallowed and in all probability will never be allowed. The following bills were then read and allowed: W. E. Fulk $165.44 C. W. Bohnke 5.00 C. W. Bohnke 2.70 D. F. Teeple 115 85 C. W. Bohnke 2 50 Kirsch & Sellemeyer 224 92 Sam Frank 45 00 Wm. Geary 10 00 G. R. & 1 17140 G. R. & 1 92 30 George Keiser & Company.... 45 72 Fairbanks, Morse Co 6 08 Telephone Company 22 05 Ft. Wayne Eectric Works .... 69 45 Henry Peters 14 70 George E. Garard 50 National Carbon company 92 50 C. Vogt 70 00 M. J. Mylott 58 80 M. J. Mylott 256 70 Harry Bowserman 5 90 Fred Mills 2 30 A. C. Gregory 15 00 Krick, Tyndall & Co 15 75 Krick. Tyndall & Co. 6 75 Ft. Wayne & Springfield Co. 2150 Dodge Mfg. Co 660 14 Old Adams County bank 172 50 C. W. Bohnke 240 No further business coming before the council they adjourned to meet this evening. 'COMMISSIONERS’ SESSION OVER Old Fair Grounds to be Rented — Contract to be Let for Coal. The board of county commissioners adjourned at noon today, after a busy three days’ session. ————— ' Auditor Lewton was ordered to give ' due legal notice that bids will be re- ’ ceived for the rental of the old fair 1 grounds The bids will be opened on Monday, May 6th and each must be ; accompanied by a check for the fuU amount of said bid. > Notice was also ordered that bids will be received for coal for the var- > ious county buildings, to Include eight car loads, more or less of Hocking ’ Valley, steam lump from deep mines or lump Pocahontas coal.

Decatur, Indiana, Wednesday Evening, April 3, 1907.

CONDUCTOR 18 A BUSY MAN Manager of an Interurban Car Has Many Duties. One of the busiest men going is the conductor of an interurban car. It any one thinks the conductor has a “snap" he should take observations and revise his thoughts. About all the moiorman has to do is to run the car. The conductor has to run errands and everything else. The conductor would be a busy man if he did not carry a passenger. With his whistle between his teeth he must hop out of the car with an iron lever to pry the rails apart or together when it is desired to change tracks. If the car jumps the track it’s up to him to get under it with a crowbar and pry it back again. He must run ahead of cars to see that railroad crossings are clear and to open switches. He must run behind it after he has closed switches. He must climb signal tower for no apparent reason and then climb down again. And he must do it on the run, in rain or shine, through mud or dust. He must put up with the exactions of selfish passengers. He must carefully register the fares and his report must agree with the register. Withal, he must put on a cheerful “front” or some one will be reporting him for discourtesy. In addition to the manifold duties of other conductors the conductor on the first car north on the Hartford line has a new’ duty. He is the mail carrier as well as a doormat for everybody that travels in his car. At Eaton he is required to shoulder two heavy sacks of mail and carry them, on the run, of course, over a square away, presumably to the postoffice. This would seem to be the limit. The interurban car conductor probably doesn’t get SSOO a month. He surely should not get much less. It is safe to say he earns more than he gets. —Hartford City New. o_ TAYLORUNIVERSITY Rev. J. E. White Favors It Earnestly SUGGESTS FINANCIAL AID Pastor o fthe First M. E. Cchurch of Decatur is Well Acquainted With This Institution. Having been brought into close contact with Taylor University when it first came under the present management; being thoroughly conversant with the high standard of morals upheld; knowing the opportunities offered for a good, broad, general education; appreciating the social atmosphere so clear from many of the breakers of present day college life; in hearty sympathy with Bishop Warren's utterance that “Taylor University is doing grand work on high lines,” and knowing the truth of the statement; being in hearty accordwith the standard of Christian life demanded of every member of the faculty; having watched the fruitage of this efficient school for the past ten years, and having witnessed her struggles as she has heroically stood by the church and her standard on “Bible Lines,” it affords me great pleasure to make this public endorsement of this mertorious educational institution and to say that I sincerely hope that the good people of Decatur, who have means, will carefully Investigate the needs and the claims of Taylor University as presented by her financial agent, Rev. George C. Ulmer, now in our midst, and then see the way clear to aid this school financially, even to the extent of thousands of dollars. JOHN C. WHITE. o — A CIVIL SERVICE EXAMINATION An examination for the position of clerk (male and female) and carrier (male) will be held at the postoffice in this city on April 27, 1907. For application blanks and for Tull Information relative to the examination, qualifications, duties, salaries, vacations, promotions, etc., address the Secretary, Board of Civil Service Examiners, Postoffice, City. o————— The Merchants’ association is considering a proposition from a Cleveland firm that may decide to locate in the clay pot building. The firm will have representatives in the city in a few days to look the place over and at that time a contract may be signed that will add another to Bluffton’s list of manufacturing institutions. —Bluffton Banner.

DECISION AFFIRMED In Famous Faylor-Stude-baker Case WAS TRIED FIVE TIMES Twice in This County and Appealed Frt>m Adams Circuit Court to the Appellate Court. The appellate court has affirmed a verdict given by a jury in the Adams Circuit court over a year ago. The case was brought here from Wells county and was probably the biggest law suit ever tried in either county. Judge Hadley’s decision covered 21 closely written pages and is a voluminous affair. When it is known that at least five distinct trials were had of the case and that each one lasted at least a week, some idea of the magnitude of the case can be had. It involves the ownership of one hundred and twenty-four acres of land located just north of Bluffton and known as the Katy Fay lor farm. Upon this farm Mrs. Faylor lived for a number of years and in her declining days she executed a deed to D. D. Studabaker for the farm. The conditions named in the deed were to the effect that Studabaker should care for the woman the rest of her natural lifetime and to see to it that her name was carved upon the tombstone of her brother after her death. When the heirs ascertained that, a deed of this character had been made, a suit was commenced in court to have Katy Faylor declared of unsound mind preparatory to having the deed set aside. The jury in this hearing disagreed and pending a further settlement of the point, the woman in question died. This, of course, put an end to the appointment of a guardian or further proceeding along that line. The next step on the part of the heirs was a suit filed in court asking that the conveyance be set aside. This was tried in Bluffton courts and the jury disagreed. A third time witnesses were summoned and the case was commenced over. The trial was finished and a verdict was found for the plaintiff. At this stge of the game the defendants took a new trial as of right and a change of venue was also taken, the case coming to Adams county, where the fourth trial was held. This time a disagreemept resulted. For the fifth and last time, the evidence was marshaled before a new jury in this county, and the case was fought through again. The jury retired to deliberate and a verdict was returned in favor of the heirs. An appeal was then taken to the appellate court and the decision has just been announced. This verdict entitles the heirs to possession of the land and to proper rentals during the pendency of the case. When the hearing was commenced Studabaker had possession of the farm and he has since retained it, having given a bond that whatever damages might be found would be paid. o TO DRIVE THE SALOONS OUT Vigorous Effort Being Made in South Bend. South Bend, Ind., April 3. —Declaring that the entire liquor traffic is unconstitutional, contrary to the provisions of the Uunited States and the constitution of the state of Indiana, Thomas C. Barnes, president of the South Bend Humane society and a prominent temperance worker in northern Indiana has filed a remonstrance with County Auditor John Harbou against every application for a license from Portage township which will come before the county commissioners at the April term, which begins today. According to the remonstrance the defendants will include fourteen applicants, among them being some of the best known saloonists in South Bend. If the remonstrance becomes effective every saloon in South Bend will be proceeded against in the same manner. The remonstrance charges that the applicants seek to obtain license to engage in the business of retailing intoxicating liquors, a business that is inherently wrong, unlawful, injurious and dangerous. It further declares that it is not within the power of the commissioners or the legislaI ture to issue a license for the sale of liqour. I As the remonstrance has a bearing jon every township in the state, the outcome of the case will be watched I with much Interest.

FIGURES ON MARCH WEATHER Temperature Was Seven Above Normal—Record for Years. The average temperature for March was 46.6. This was 16.5 degrees above that of one year ago and 7.9 degrees above normal. It was the warmest March tn the last seventeen years. The normal for March was 35..7. The maximum for the month, 85 above, was recorded on the 26th and the minimum 18 above on the 6th. The range for the month was 67 degrees, the greatest in twenty-four hours being 40 degrees. The coldest March was in 1891 when the mean temperature was 27.7 a daily average of 18.9 degrees below that of this year. The coldest March day was March 5, 1891 when the mercury dropped to 11 degrees below zero. The latest zero weather was on St. Patricks day 1900 when the mercury dropped to 2 below. Last year on the 17th the mercury only lacked 3 degrees of reaching zero. The preciptation for March was also above normal. The total for the month was 4.62 inches. This was .53 of an inch above that of one year ago and .67 of an inch above the normal. The average for the last seventeeen years is 3.95 inches. The wettest March was in 1904, when the precipitation measured 8.28 inches and the driest was in 1895 when it measured 1.43 inches. On March 25, 1904 the total rainfall was 3.43 inches. In the month just gone by the snowfall measured 5 inches. One year ago it was 24.7 inches. In March there were 7 clear days, 13 partly cloudy 11 cloudy. There were 16 frosts, one hail, four fogs, thunder was heard on seven days and precipitation formed on thirteen. COURTHOUSENEWS Grand and Petit Jurors are Selected FOR THE APRIL TERM A New Case Filed —Remonstrance to the Werling Ditch—McGriff Appeals a Liquor Case. A marriage license has been issued to Emanuel Neuenschwander and Celina Sprunger, both of Berne. Jury commissioners, H. R. Moltz and L. L .Dunbar have selected the following men to serve during the April term of court which convenes Monday: Grand Jurors —Ben F. Brokaw, Root township; Charles W. Yager, St. Marys; Melvin Davis, St. Marys; William P. Barkley, Union; H. F. Diehl, Kirkland; Lemuel O. Bears, Hartford. Petit Jurors—Herman Reese, Preble; David F. Fugate, Kirkland; John Voglewede, Washington; Euegen Lindsey, Hartford; Ed S. Christen, Root; E. W. Jackson, St. Marys; David Miller, Wabash; George Miller, Union; J A. Hendricks, Wabash; Abe Beabout, Jefferson; David Archer, St. Marys; Barney We'rtzberger, Union.

John W. Coffee has filed suit against John Brown, jr., to collect an account, demand $175. A. P. Beatty is attorney for the plaintiff. In the David Werling et al., petition for a drain, a remonstrance has been filed by the C. & E. railroad company, to the report of the commissioners. A motion for a new trial, was filed in the case of John H. Green vs. Rachael Dailey. Mike McGriff, who was fined S3O and costs for sellinfi liquors to minors, filed a motion for a new trial which was overruled and an appeal was then granted to the appellate court, his bond being fixed at S2OO. Peterson & Moran are lawyers for the defendant. Peter Burk, guardian for Leßoy Burk et a., filed petition to exjend S4O to repair buildings and fences, so ordered. E. X. Ehlnger, administrator of the Mathias Shaffer estate, filed an appraisemet of real estate. In the same estate John Shaffer filed an anewer. WELLMAN ARRIVES IN AMERICA New York, April 3.—The steamer Kaiser Wilhelm arrived today, twentyfour hours late, with Walter Wellman on board. Wellman expressed himself confident of success.

NEWS OF CAPITAL Millionaires Asking Pension Papers JUST FOR THE HONOR Indianian* Receive Promotion* —Two Cities Have Asked for Republican National Convention. Washington, April 3.—One interesting fact about the operation of the new service pension law is that millionaires are taking advantage of the act to secure pension certificates to leave as legacies to their children. Not fewer than twenty millionaires have applied for service pensions on the ground that the pension roll is a roll of honor and that the placing of their names on it officially establishes their war record. No one can be pensioned who has not received an honorable discharge and the rich men who are now seeking pensions have no thought of the amount of money they will receive. The department of agriculture is making preparations to begin prosecutions under the pure food law at an early date and Dr. Wiley, under whose directions, as chief of the bureau of chemistry, the work will be conducted has given instructions to his inspecors to obtain as soon as possible the samples on which the accusations will be based. The offending etablishments have generally been located, and nothing remains to prepare a basis for the proceedings except to obtain specimens of the articles alleged to be adulterated or impure. When these are procured, charges will be formulated and supplied to the United States district attorneys in whose districts the offenders may reside, whereupon they will be required to begin criminal proceedings. There will soon be forty or fifty inspectors in the field and Dr. Wiley expresses the opinion that a large number of prosecutions will result from their investigation. William L. Penfield, formerly of Auburn, Ind., who, for a number of years was solicitor for the state department, has sent out cards announcing the association of Walter S. Penfield with him in the practice of international law. Walter S. Penfield is a son of the former solicitor. Henry B. McFarland, formerly of Indianapolis, today entered on his duties as superintendent of the manufacturing department of the government printing office at a salary of $3,500 a year. Other promotions of Indianlans in the government service are as follows: Otis T. Cartwright, formerly of Indianapolis, to be chief clerk of the solicitor for the state department, and salary increased from $1,600 to SI,BOO. Otis G. Stanton, formerly of Indianapolis, employed in the bureau of index and archives in the state department, salary advanced from $1,200 to $1,400; Miss Nina G. Romeyn, formerly of Indianapolis, employed in the bureau of index and archives, state department, salary advanced from SI,OOO to $1,200; Oliver P. Robinson, formerly of Cannelton, employed in the immigration service, salary Increased and assignment changed from Port Townsend, Wash., to El Paso, Texas; Alexander H. Kerth, formerly of Evansville, connected with the fisheries bureau, promoted from a laborer to the place of assistant messenger at a salary of S9OO.

Up to date but two cities have applied for the next Republican national convention. They are Seattle and St. Louis. The claims of Seattle are being pushed with great vigor. It is the opinion of leading men in the Republican party that neither St. Louis nor Seattle will get the convention. “In my judgment,” said Elmer Dover, secretary of the Republican national committee, to a correspondent, “the national convention will be held at Chicago.” Some shameful violations of the twenty-eight hour law in Indiana are reported by the department of agriculture. This is the law which prohibits live stock from being kept in transit for a longer period than twenty-eight consecutive hours without being unloaded tn a humane manner into properly equipped pens for rest, water and food. The solicitor of the department of agriculture, George P. McCabe, has been systematically gathering evidence 1 of violations of this law throughout

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the country. He has completed the preparation of about 500 cases and has certified them to the department of justice for prosecutions. The department of justice, in turn, will call upon the several district attorneys to bring the violations before the federal grand juries of their several districts. Mr. McCabe says that a number of violations have occurred in Indiana. These will be referred to District Attorney Keallng for action. A NEW PUMPING STATION Standard Oil Company Will Erect a Branch in Well* County. Bluffton, Ind., April 3. —The Standard Oil company has taken an option on forty acres of land belonging to Edward Swartz and located one mile south of Bluffton at a figure said to be SB,OOO, and their purpose is to use it, it Is said, as the site for an immense pumping station, which is to be built the coming summer. The company has just completed a new pipe line running from the western oil field to the big pumping station at Preble, Adams county, and this makes five of these pipe lines now running to this city and passing to the south and east of Bluffton. So large has become the volume of oil pumped through these lines that the present pumping stations are overtaxed and for this reason a new relay station is necessary. The nearest station to this one will be the one in Madison county. Local officials and employes have no information to give out regarding the new station, but it is understood that in addition to the station, immense storage tanks of 75,000 to 100,000 barrels capaciy will be erected. o _ DEATH RELIEVES Sufferings of Noah Merrica are Over WAS A WELL KNOWN CITIZEN Died at Seven O’clock Last Evening, Aged Seventy-three—Funeral Thursday Afternoon. Noah Merica, aged seventy-three years, a pioneer and one of the best known men of this city and county, died at seven o’clock last evening, after an illness of more than six months’ duration. For several years he has been in rather poor health and unable to perform labor to any extent, suffering from a complication of diseases and his death last evening was but a relief to his many days of suffering. Patiently he bore the pains of disease, always trusting in God and praying earnestly for relief. He was resigned to the fact that it was the Lord's will. He was an honest citizen and a splendid neighbor, whose presence among us will be sadly missed. The funeral services will be held Thursday afternoon at 2 o’clock at the Evangelical church, funeral cortege to leave the home at 1:30. —o BUSSE WINS OUT IN CHICAGO Dunne Loses Hi* Race For Re-Elec-tion For Mayor. Chicago, April 2.—Chicago's postmaster, Frederick A. Busse, the Republican candidate, was elected mayor of this city today, having a plurality of 13,121 votes over Mayor Edward Dunne. The total number of votes cast for Mr. Busse were 164,839 and for Mr. Dunne 151,718. The Prohibition candidate polled 5,875 votes and the Socialist 13,459. The new mayor will have the city council with him, but it is very close, as the make up of this body shows thirty-five Republicans, thirty-four Democrats and one Independent-Demo-crat. The ordinances settling the street car question were carried by a good majority. The total vote on this question was 165,846 for and 132,720 against. According to the latest returns at midnight the only Democrat, outside of aldermfen, elected was John E. Traeger, who was the Democratic candidate for city treasurer. The Indications are that he will be elected by at least 8,000 plurality. o_ BIG FIRE AT SAN FRANCISCO San Francisco, April 3.—One-third of the seven million dollar plant of the City Gas A Electric Company was destroyed by fire today. The loss la [two and one-half million.