Decatur Daily Democrat, Volume 7, Number 154, Decatur, Adams County, 29 June 1909 — Page 1

DECATUR DAILY DEMOCRAT.

\ olume VII. Number 154.

AGAINST PETITIONERS Judge O’Rourke Holds With Remonstrators on Monroe Street Petition EXCEEDS BENEFITS The Judge Went Over the Proposed Route and Gave His Opinion The remonstrators won in the Monroe street fight, and as a consequence the improvement of that street as petitioned for, will not be made. It was a hard legal battle, which has been on since last September. The remonstrators were represented by Attorneys Peterson & Moran and the petitioners by C. L Waiters, A. P. Beatty and Hooper & Lenhart. The case was entitled Jane Woods et al., ex parte and followed the filing of a petition for a new macadam road and curb on Eighth and West Monuroe streets, the latter ex-

tending to the cemetery. Shortly after the case had reached circuit court here a change of judge was necessary, Judge Merryman being disqualified owing to the fact that he was related to some of the parties interested and Judge Engle of Winchester was appointed. Later the remonstrators took a change from the county and the case was sent to the circuit court at Fort Wayne. •The trial and arguments required several days, being taken up at odd times when the court could arrange it. The arguments were made yesterday and Judge O'Rourke ruled for the remonstrators. There were several points brought up by the attorneys, the one however, upon which the court decided the case was that this improvement being a highway, and the costs exceeding the benefits, came under the head of public utilities and could not be built by the township. In giving his decision he said he had personally gone over the road on which the proposed improvement is asked, and that while there are about three squares which need repairing, the rest is in good condition, and that it would be wrong to build nearly a mile to correct the small tract of bad road or street. The costs in the case, amounting to about >275, will have to be paid by the petitioners, there being about sixty-five signers to the original petition. The estimated cost of the Improvement was $19,000.

DUCKY IS DOWN AND OUT Bluffton Cans the Former Idol of the Diamond —Succeeded by Webber. Ducky Eberts has fallen from grace. The old man who has kept the national game together in Bluffton for several years, who has fought nobly and long, who has cursed the infielders and outfielders for three seasons and who has been the idol of every lad in Bluffton, has been canned. Sunday he made two wild throws in a game at Huntington, and this so enraged the people of his home village that he has been cussed by young and old and the board had to call an extra session to dismiss. Another strange thing has happened there and that is that his successor is Herman Webber, the old star first baseman on the Decatur team, who now becomes captain of the team. Its wonderful what funny things happen in base ball. — CHARLES RINEHART LIKES WEST Peterson & Moran received a letter today from Charles Rinehart, formerly of this city and now located at Kingfisher, Oklahoma, in which he says he is getting along fine and dandy. He first helped to build a bakery and then became the baker. He also says that the crops in that section are the best that ever happened and everybody is happy. There is all kinds of fruit and it is now beginning to come in and the grain prospects are very bright. Charles says they like the country immensely.

TELEPHONE COMPANIES UNITE The Home Company Purchase Central Union at Portland. A deal which has been pending for some timr a vt said to involve one of the larg st or siderations in the transfer of property that has been made in this city for some time, was consummated Saturday afternoon in the office of E. E. McGriff when the local interests of the Central Union, better known as the Bell Telephone company, were taken over by the Home Telephone company, the Portland company including the local exchange and the farm lines operated from the Portland office of the Bell company. The deal was made by the board of directors of the purchasing company and C. B. Nesbit, district superintendent for the Central Union. The consolidation of the two exchanges will not be made for some time yet, owing to the large amount of work necessary to bring this about, but after July 1, the Home company will be in control of the business of the two exchanges.—Portland Sun.

AN I. 0. 0. F. CASE To Be Tried in Portland on a Change of Venue from Muncie TO SECURE BUILDING Looks Like a Battle—Case Filed by Attorney J. F. Mann 'j. Frank Mann, of Muncie, attorney for the plaintiffs in the case of The Muncie Lodge, No. 64, I. O. O. F. vs. Clayton B. Templer, filed in the local circuit court on change of venue, the papers in the case, arriving Monday morning. The case involves the possession of three rooms in the southwest corner of a building owned by the Muncie Lodge, which the defendants refuses to give over to the plaintiffs. The complaint avers that on December 20, 1909, the lodge leased to Templer for a period of five years the three rooms at a monthly rental of $16.66, payable in advance. The lease further provided another lease should he fail to pay by the first of the month, the next month’s rent. If he failed to do this the lease was to be declared forfeited. The plaintiff failed to pay the said installment on March 1 and also on April Ist, 1909, and that at the time of the filing of the complaint in the Delaware circuit court, there was due the lodge $35,00 in rent money. The plaintiff setveld notice on Templer April 2nd that they desired the rooms vacated but he has refused to surrender and that through the delay, they have been damaged in a sum amounting to SSO and asked for this amount in addition to the surrender of the rooms. —Portland Daily Sun.

ITEMS FROM POLICE COURT A Provoke Case this Evening—Young Men Engage in a Battle of Fists. Lew Sampson has filed an affidavit before Mayor France, charging Mrs. Elwood Blazer with provoke. The parties live in the same neighborhood and this is not the first time that trouble has been heard of. The case is set for this evening at seven o’clock. Harry Leßrun and Levi Johnson, the latter a section man on the Clover Leaf, engaged in a fistic battle at the G. R. & I- station last evening, and Johnson was cleaned to a fare-you-well, to use the ring terms. He retaliated by filing an affidavit, but up to date the officers have not located Mr. Leßrun and it is rumored that he has departed from Decatur scenes. —. oMrs. M. R. Hayes, of Payne, are in the city visiting Mr. and Mrs. Purdy and family. Letters remaining uncalled for at the postoffice are: Cyrus Yoakum, C. M. Wolfe, Geo. E. Sulivan, Harry H. Smith, Isabelle Rinehart, Laura Anspaw, Katherine Miller, Mrs. Roma Merryman, T. R. McMahon, Flossie Pee, Janus Hughes, Ed Hoffman, H. C. Lammond, Chris Bruner, Ellen Chronister, John Baley. M. A. Frisinger, P. M.

IN A HORNETS NEST Morris M. Barnard Resigned Place at Indiana Reformatory BLOOD MONEY Accused of Holding Up Contractors on Work Done There Indianapolis, June 29.—That Morris M. Barnard, assistant superintendent of the Indiana reformatory, resigned when confronted with the charge of receiving “blood money” from contractors doing business with the reformatory was the flat declaration made this evening by Dr. Harry C. Sharp, who was recently made a member of the reformatory board of trustees by Governor Marshall. Barnard also said that he had resigned Sunday, when he learned on his return from Minnesota that Dr. Sharp had become amember of the board of trustees. “If Mr. Barnard is correctly quoted," said Dr. Sharp, “there is not one word of truth in it so far as I am concerned, as there is no personal feeling between Barnard and myself. He resigned when confronted with the charge of receiving blood money from contractors doing business with the reformatory. If his statement is true that the relations between he and Whittaker are absolutely friendly, then Whittaker has been putting up a strong bluff to me, as I have been led to believe by Whittaker that there was an entirely different state of affairs.” Further than this Sharp refused to discuss the case. The nature of the charges against Barnard will not be discussed by Governor Marshall or W. D. Allison, the local member of the board of trustees. Governor Marshall states that serious charges have been made, but declares that Superintendent Whittaker is the only one at liberty to speak, as the investigation at the reformatory is now very largely In his hands. The resignation was demanded by Mr. Whittaker.

IN THIRTY DAYS Manager Mulholland Says Decatur Will Have Artificial Gas ENCOUNTER WATER * In the Fort Wayne Mains— Business is Increasing There “We are now- looking forward to getting gas to Decatur consumers in thirty days,” said Manager S. E. Mulholland, of the Indiana Lighting company this morning. “The pipe-laying gang has practically arrived at Kingsland with the four-inch main which is to carry the gas from Fort Wayne and it will now sw-ing eastward to cover the thirteen miles between this point and Decatur. Unless unforseen difficulties arise, we shall be supplying artificial gas to the Adams county capital in four weeks.” Recent heavy rains have given the company considerable trouble in Fort Wayne. The excessive downpour has resulted in water soaking down into the drips in the mains, often in such quantity as to interfere with the flow of gas. There are hundreds of these drips about the city, and as rapidly as possible they are being pumped out. In this city the company is connecting up an average of from forty to fifty new consumers daily, a force of twenty-five men being constantly employed at the work. —Fort Wayne Sentinel. o ’ D. M. Hensley returned from Rome City this afternoon, where he has been fishing for the last few days. He brought a few very nice fish along with him.

Decatur, Indiana, Tuesday Evening, June 29, 1909.

LOOKING FOR STRAY BOY Senator Beveridge Helping a Worried Mother. Washington, June 29.—Senator Beveridge today began a search for Arthur Hoagland who left his mother s home at Warsaw, Ind., eight years ago and who has not been heard from since. The senator was moved to take action by a pathetic letter from the boy s mother, Mrs. Barbara Hoagland of Warsaw. “I have a boy somewhere, if living, that has been gone from home eight years,” Mrs. Hoagland wrote. “I could not express my gratitude for you in case you should trouble yourself with my trouble enough to try to find him if living or dead.” The boy was sixteen years old when he ran away from home. His mother suggests that he may have enlisted in the army. At Senator Beveridge’s request thorough examination of the records to ascertain whether there is a young man of that name in the army. His relatives think he may have changed his name to conceal his identity and if so it will be very difficult to fin# him.

SHOWS HIS NERVE Congressman Adair Wants to Try the New Style TRAVEL IN AIR Wants to Accompany the Wright Boys in a Trial Trip Washington, June 29.—Representative J. A. M. Adair of Indiana may navigate the air with the Wrights in their aeroplane. Mr. Adair says he has long been anxious to make a trip in an airship, and he hopes the distinguished sky pilots, Orville and Wilbur Wright, will permit him to accompany them on one of their trips while they are giving tests at Ft. Myer. He went out to Ft. Myer yesterday afternoon to see the aviators fly and to request that they permit him to accompany them on a later

flight. Owing to the fact that they were so much preoccupied with arrangements for a flight he did not have an opportunity to communicate his desire, but will do so later. “It has always been one of my ambitions,” said Mr. Adair, “to see what the earth would look like from an elevation of half a mile to a mile. I am sure that I would »not be in the least nervous or affrighted. I have been on some of the highest mountains in America and never suffered the slightest, either from fear or physical inconvenience. Mr. Adair weighs only 138 pounds, and the aviators undoubtedly would regard him with more favor as a prospective passenger than they would a heavy man. The fact that he is a member of congress might be another inducement, as the aeronauts are naturally desirous of interesting congress in their invention. Ail of the members of congress—senators and representatives—today received invitations from the Wrights to witness their performances. These invitations were accompanied by tickets entitling the solons to the best positions from which to view the flying machine in action. Senator Shively and nearly all the Indiana representatives who are in Washington went to Ft. Myer yesterday afternoon to see the aeronauts perform, but there was no ascension.

MOTION IS OVERRULED For New Trial in Amacher Ditch Case —Will Go to the Supreme Court. Judge O’Rourke of the Allen county circuit court, Monday decided anther chapter in the famous Amacher ditch case when he overruled a motion for a new trial in the suit for a new trial. The case is entitled Amacher et al vs. Johnson, and has been through about all the imaginable turns of court. Now it is said attorneys for the plaintiff will appeal the case again to the supreme court and test the question of a suit for a new trial. It is also said there are complication in the other case of a similar nature which went to the supreme court and was sustained.

DEATH IS NEAR William Chopson, Founder of Home for Aged, May Never See It SERVICES WERE HELD In Honor of Him and His Wife Last Sunday All Over the State Although everything is being done to hurry work on the Home for the Aged that the Methodists are going to build in Warren, it is doubtful if William Chopson, the giver of the funds by which the home can be built, will ever see the time when he can gaze upon the memorial that will honor him and his devoted wife in years to come. Mr. Chopson is very ill and rapidly failing and it is a question whetner the memorial can be built before he passes away. His health has been bad a number of months but recently there seems to be no way by which he can be kept from gradually sinking into a more serious condition. Mr. and Mrs. Chopson have already become the most beloved couple of the Methodist Church. Because of their devotion to the princilpes upon which the doctrines of Methodism are founded, they have seen the benefits of living Christian lives. They realize that they have been more fortunate in the affairs of life than some others of their brethren and sisters and it is because they want to share their prosperity and happiness with all those who have been less fortunate that they conceived the idea of building the home for all aged Methodists who want to enter the institution. That all honor might be paid to the two to whom honor is due, all Methodist churches in Indiana devoted Sunday’s services to the memorial and to the praise of Mr. and Mrs. Chopson The fact that the aged gentleman’s condition is such that his life may close at any time, caused many prayers to be offered that he may be saved until the golden moment comes when he can look upon the memorial and say to those who built it, “Well done, thou good and faithful servants." —Huntington Times.

ARE IN QUANDARY Six Hundred Indiana Towns Solving Perplexing Question HOW ELECT TRUSTEE It is Said a New Law on this Question Means Nothing Indianapolis, Ind., June 28. —Some six hundred incorporated towns in the state which have not yet achieved the distinction of being called cities, and therefore are controlled by a special

town act of the general assembly of 1909, are in a quandary as to how to elect their trustees this fall, and incidentally are denouncing the members of the general assembly’ for carelessness in phrasing the law. The office of the attorney general has been appealed to by a number of towns for construction of the new law, but the reply has been, in all instances, that there is no power in the state to construe the law except the supreme court, and that although the law as printed seemingly means nothing at all, nevertheless it is the law. The measure provides that town trustees shall be elected this fall, one from each ward, and that in towns which have “an even number of trustees, one-half of the persons of any such town that receive the highest number of votes at the rgeular election in 1909 shall be regarded as elected thereto (the office of trustee) for a period of four years and the other half for a period of two years, and in towns having an uneven number of trustees, one less than one-half of such trustees receiving the highest number of votes shall serve for four years and the remainder for two years.” I

LAY CORNERSTONE SECOND TIME An unusual occurrence happened with the laying of the cornerstone of the German Reformed church at Vera Cruz one week ago Sunday. It was found a few days after the stone had been put in place that several brick had been torn loose from their places by the heavy stone and the contractor and other men interested in the building Stated that the Stone would have to be loosened and the bricks replaced. This was done one day last week and now the completion of the structure is in sight. The brick work is up about five feet and the workmen are pushing the remainder as quickly as possible. The cornerstone had to also be opened to place several church papers in the interior, which were not completed at the day set for the laying of the cornerstone. This would not have caused the large stone to be moved, however, had not the bricks been loosened. The members are already planning on the dedication day for the edifice, although this is several weeks off.—Bluffton Banner.

ARE MANY CHANGES Most of Them Were Revision Upward However THE CONFERENCE They Will Have to Deal With One Thousand Changes Washington, June 29. —The senate has made 941 changes in the tariff bill passed by the house. The changes will approximate one thousand before the bill goes to conference. On the face of this showing it would appear that there would be abundant opportunity for the conference committee to make some such law as the country expected congress to enact, but as a matter of fact the important items—the bulwarks of the protective system—are not to be in dispute. Senator Aldrich and the Republican members of his finance committee have, with a keenness of foresight characteristic of the leader, increased the duties on a large number of items over those fixed by the Payne bill and on others over the Dingley rate. Having done this, Mr. Aldrich can make a large number of “concessions” for the effect they will have on the public mind. Unquestionably he plans to do this, but the fact will remain that in most instances his “concessions" will put the duty back to about where it is under the existing law. Os the 941 changes made since the bill reached the senate 543 were made by the committee on finance and 343 on the floor of the senate. Many of these changes are, of course, merely verbal.

Washington, June 29.—Acting in his old-time capacity as judge, President 1 Taft wrestled w-ith the question, ’ “What is whisky?” Before him were ' attorneys representing practically all i the interests that have been waging a fight over the original decision of Dr. Wiley chemist of the department of agriculture, in regard to what is whisky- and what should be labeled “imitation whisky.” Joseph H. Choate former American ambassador to Great Britain, was prominent among the array of counsel for the manufacturers, while among those opposing him was John G. Carlisle, former secretary of the treasury, as the representative of distillers. o — SOLD FINE PAIR OF SORRELS Andrew Fuelling Got the Candy for a Fine Pair of Horses Today. Andrew Fuelling brought a handsome pair of sorrel horses to the citytoday and sold them for a gilt edge price to D. W. Beery. They weighed two thousand seven hundred pounds and were a pretty sight to look at, the purchaser paying $425 for them. Mr. Fuelling raises some mighty fine horses and every year pulls off two or three stunts like the one today. It is a money- making proposition for him i land besides that he likes the business.

Price Two Cents

LET THE CONTRACT Contract is Awarded for the New K. P. Home on Third Street WORK TO BE RUSHED Want to Dedicate it December Ist by Initiating Class of One Hundred The building committee for the Knights of Pythias lodge and club house let the contract for the same, and work upon the excavation will begin tomorrow and be pushed to completion. The (foundation and brick work was given to Hammond & Aurand, and the carpenter work to Mann & Christen, the total of these two contract being $9,200. The building will be of red brick, with slate and tile rootling and when completed and furnished it will cost between SIO,OOO and SII,OOO and be the handsomest building of its kind in the state. A handsome porch and steps will adorn the front, and the first floor will b? comprised of a ladies’ and gent’s parlor separate, smoking room, dining room and kitchen. The second floor will be the lodge room, 40x47 with a balcony that will seat two or three hundred ypeople. The second floor will also have a large wardrobe with private lockers, and a pool and billiard room. The basement will later be fixed for gymnasium and bowling. This handsome building will be located on their lot on Third street next to the Murray hotel, and will be a modern and handsome structure in every way. It is now proposed to rush the building and have it ready for occupancy by the first of December, and at that time to dedicate it by the iniatiation of a class of one hundred. As the Decatur Knights are about the busiest and best lot of boosters in the town; there is no doubt but that they will carry out the program to the letter. The least that the Democrat can do at this time is to congratulate the Knights for their progress and enterprise. The order is made up almost entirely of the younger business men of the city, and this building is but an example of what pluck and enterprise will do. The committee have spent much time in sifting things to the bottom and in getting the best ideas into their new lodge and club home. The plans were drawn by Architect Oscar Hoffman.

WILL GIVE NEWS TO PRESS The G. R. & I. Issues Notice to That Effect. t The Grand Rapids and Indiana company has issued a bulletin headed “Notice to the Press," which states that news of accidents wherein passengers or employes are killed or injured will be given to reporters as soon as the facts are known at the general or division offices of the company. News of this character has never been withheld by the authorized persons connected with the G. R. & I. when they were in a position to give It, but the company has seen fit to emphasize that matter by a special bulletin. It is similar in main features to the bulletin issued by the Pennsylvania a few weeks ago.

FIRST VACATION IN 16 YEARS Frank Gass Will Run Away from Business Cares —Goes to Rome City. Frank Gass and family will leave here Saturday for Rome City, where they will occupy the Decatur cottage, owned by Meibers & Voglewede of this place, for one week. Mr. Gass is manager of the Fullenkatnp stores, and this will be his first vacation in over sixteen years. He is very much afraid he won’t know how to act, but it is safe to say that he will enjoy the week so much that he will never miss another year, in repeating the dose.