Decatur Daily Democrat, Volume 7, Number 264, Decatur, Adams County, 5 November 1909 — Page 1

DECATUR DAILY DEMOCRAT.

Volume VII. Number 264.

MADE ARGUMENTS Constitutionality of Local Option Law Argued by Able Men IN SUPREME COURT I The Case Was the One Appealed from Noble County Indianapolis, Nov. 5. —The supreme •court yesterday heard argument on the constitutionality of the county local option law, giving two hours to each shde. Those arguing the constitutionality of the measure were R. •C. Finton attorney for the Anti-Sa-loon league; J. Frank Hanly, former governor of the state, and James Bingham, attorney general. For the appellant appeared Ferdinand Winter and George Shirts of Noblesville. The case was one appealed from Noblesville and was that of George McPherson vs. the State. McPherson was fined in the circuit court of Hamilton county for selling liquor three months after the county had been voted dry. The facts were admitted. The attorneys for the state argued that the Moore remonstrance law and the Nicholson law lad both been held constitutional by the supreme court, and that the act of 1908 was merely a broadening out of the powers granted under the former two acts. If these two acts are constitutional, they argued then the act of 1908 is constitutional Th? attorneys for the appelant argued that the act was unconstitutional because the title of the act was not sufficiently broad to include prohibition, which was provided for by the text of the act It was also declared unconstitutional because it was a delegation by the legislature of its powers to the people, by leaving it to the people to determine whether they would have prohibition or license. Also, it was held that the law, by making it a special or local law, and not operative against the entire people. It provided, too, they declared, for the suspension of the license law, the constitution to the contrary being that no law can be suspended for any portion of the people of the state. The attorneys for the state held that the act was no more “prohibition” than the Moore or the Nicholson acts both of which have been held constitutional, and as a consequence the argument that the title of the act did not define what was contained in the text was impertinent. Appeal was also made on the ground that the liquor traffic was productive of evils dangerous to the public and detrimental to good order. -o- — ROOSEVELT RUMOR DENIED Washington, D. C., Nov. s.—(Special to Daily Democrat) —It Is rumored here that Ex-President Teddy Roosevelt was killed to Africa, but up to three o’clock this afternoon, no official information had been received at any of the administration buifldngs, and it is believed to be only a hoax. Messages went over the wires at 2:30 this afternoon that Ex-President Roosevelt had met death in the African jungles where he is on a hunting expedition, but a few minutes later it was said to be only a rumor and unfounded. Efforts to get any story of how the rumor started have failed so far. — INDIANA HOUSE SELLS TOMORROW. The Indiana House, located corner First and Madison jtreets, will be offered for sale tomorrow morning at ten o’clock by the commissioner, Henry B. Heller. It will be sold to the highest bidder. It’s appraised low, and here is a chance to buy a property cheap. If you want to make a piece of money get in quick.

ASKS FOR A NEW TRIAL Attorneys for Walsh Appeal In the Walsh Trial. Chicago, Nov. 5. —In a petition to the United States court of appeals, filed today by John S. Miller, attorney for John R. Walsh, a new . trial is asked for on the grounds that the indictment upon which Mr. I Walsh was sentenced to the federal prison for five years was not legal. I The reasons set forth by Mr. Miller ,are that it contained too many .charges of separate offenses; that they were supported by evidence that should have been excluded, and that the trial court excluded evidence I I which the petitioner believed would have successfully disproved them, rhe petition devotes considerable attention to the assertion that the Indictment contataed 150 counts and quotes decisions by the United States supreme court Intended to show the number was too great. BOYHADTHENERVE Traveled from New Orleans to Chicago and Took Blind Brother Along THEY WERE ROBBED Tramp Stole Overcoat and Money—They Will be Cared for in Chicago Chicago, Nov. s.—ls policemen who listened to the story of a blind boy today had had power over a 1 tramp, who stole the sightless lad’s overcoat and all the money he and his brother hafi in the world, the thief would spend the remainder of hl's lite on a stone pile inside a prison wall. The officers were moved to alternate rage and sympathy by the recital of Joseph Leonard, aged 16 years, and his brother Samuel, two years younger, and blind. They were picked un on the street today and cared for at the Harrfeon, street station. Joe picked the more choice morsels from the meat furnished by the police and fed them to Sam, and then, with his arm around the shoulder of the latter, told his story. “We lived in New Orleans,” he saM. “Dad died seven years ago and our mother, working night and day to feed us and get medicine for little Sam, who was sickly, wore herself out and she was buried, too. It was up to me to take care of Sam. I sold papers and did odd jobs, but medfcihe did not help Sam much and four years ago he went blind. We managed to save a few dollars, but I got sick, too, and when I crawled out again I couldn't get a job again, and we concluded may be chances would be better in Chicago. We had three dollars left when we started four days ago. 1 led Sam into the switch yards at ! Mew Orleans and we climbed into a I box car. At memphis the other 'night a tramp came into our car land we were afraid, but Sam being 'blind I could not figure on changing trains. It turned cold and I put my overcoat over Sam because he was shivering.. It had two dollars in it, because I had spent the other one at New Orleans for some sausage to eat on the way, and some medicine for I Sam. I did not go to sleep for a long time, because it was cold and was afraid the tramp might kill us. I didn’t think about his stealing anything. Finally I fell asleep though and when I woke up the tramp was gone and so was the overcoat I had put over Sam and the two dollars." This simple recital over, Joe declared that all he wanted was a job so he could secure an education for his brother,. *‘Samfs smart, and if I can get a job we’ll get along fine, him getting educated and my getting steady pay.” Joe concluded ungrammatically, but with great optimism. Work will be found for Joe. The K. of P. held a business session last evening at their hall and the first of the three ranks of the lodge were conferred on James Hoagland. Other business was also transacted which made it a very in teresting session.

TAFT IN GEORGIA Will Be Back to Washington on Next Wednesday A LONG TRIP He is Now Trying to Again Convert the South Savannah, Ga., Nov. 5. —Taft traveled through central and southeastern Georgia yesterday afternoon. He spent the forenoon at Macon, where he declared he was glad to be back in .Georgia, and felt thoroughly at home in the state whence he went to Washington last MJarch to assume the oath of office. The president arrived at 7:45 o'clock and began his eighteen hours' stay in the city with an elaborate banquet at the Desoto Hotel. Tomorrow the president will be taken for a sail over the harbor, will have a spin around the famous automobile course over which the Grand Prix races were run last fall, and will have lunch at the Thunderbolt Cas ino. Savannah is the farthest south the president will go and when he leaves here at 2 o’clock this afternoon he will turn at last toward Washington, where he is due to arrive Wednesday evening. In Macon it seemed that the country for miles around had depopulated to make up the throngs that gathered ta that city. At every one of the numerous stops between Macon and this city there were large depot throngs out to greet the president and cheer the I few words he had an opportunity to utter before the train moved on. During his stay in Savannah Mr. Taft is the guest of Gen. William W. Gordon, an old family friend. Governor Joseph M. Brown met the president at Maoon and made the trip with him to this city.' Representative Bartlett also came with the 'president along with a committee of | citizens from this city who went to i Dover to extend Savannah’s welcome. o TO CONVENE HERE Annual Sunday School Convention Will Be Held Here Next Week A GREAT PROGRAM Services Will Be Held at the Various Churches Over the City The attention of our readers is again called to the annual convention of the Adams County Sunday School association Jwhich will convene ta this city next Wednesday evening and continue until Thursday eventag. Jesse Rupp of Berne, is the president of the organization. The reception committee will be Rev. W. J. Myers, Thos. S. Perkins, Miss Lucy Fruchte, Miss Verne Smith, G. T. Burke and (Howard Wisehaupt. The entertainment committee is Mrs. Jonas Tritch, Miss Edna Hoffman, Mrs. Cris Vogt, Mrs. E. Sebnitz, Mrs. Andy Artman and Miss Pansy Bell. The music .committee is Rev. Powell, Mrs. E. Runyon, Miss Della Sellemeyer, Miss Velma Shroll and Mrs. F. Meihls. The first session will be held at the Presbyterian church Wednesday evening at 7:30. The Thursday morning session will be held at the Church of Christ as will also the afternoon session, while the evening session will be held at the Methodist church. On the program will be such persons as Mrs. M. J. Baldwin, Rev. Halpenny, Dr. Henry Sells, Re/. Graves, C. J. Lutz, C. L. Walters, .Rev. Maas, Rev. Roop, Rev. Me I Nary and others. At the evening ■ session music will be furnished by the Mennonite choir of Berne.

Decatur, Indiana. Friday Evening, November 5, 1909.

STIRRED UP THE PEOPLE Adam Richey Threaten* the People of Cralgvllle. Adam Richey, who has threatened to apply for a liquor license in Craigville, has succeeded in creating a stir among the natives in that portion of Lancaster township Some of them are taking Adam seriously, while others do not exactly know what he milglit possibly mean it. Adam said Wednesday that it was getting decidedly too quiet at Craigville and It needed something to stir up the town. He saUd he intended to make his bluff good, but the citizens do not know whether he really means this or not. Richey is great on starting something he being pretty much for the theatrical. Havtag just concluded a restaurant war, he thinks that a remonstrance war would be about the next best thing. He announced that he would make arrangements next week to file his application for a liquor license. The remonstrance in Lancaster township runs out November 6. — Bluffton Banner. HIS PROCLAMATION Governor Marshall Issues Thanksgiving Proclamation SOON BE HERE Thursday, November 25 is the Day of Thanksgiving "Seed time and harvest again have , come and gone. War and famine , pestilence have passed us by. Peace ■ dwells in all the borders of out ' realm, and a large measure of plenty fills the garners of our state. Civil. and religious liberty continue the j priceless heritage of this people. The faith once delivered to the fathers is our faith. The sum of good is so much larger than the sum of evil that the whole citizenship of our commonwealth should gladly give one day to the grateful worship of that God who, thus far, hath dealt so with any other people. "Sin and sickness and want are not unmixed evils. They furnish the avenues where only the Samaritan can gladly go. Let, therefore, this spirit of thankfulness and worship manifest itself not only in song and psalm and sermon, but in that larger worship which consists in the brother’s blessing and the brother's gift to all who are in distress of body or mind. Back of the gift stands the giver; and fraternal giving is the golden mote and of divine approbation. “To the end, therefore, that the citizens of this state, in song and prayer and loving ministry to their fellows, may disclose their gratitude to God for His continued mercies to them, and theta firm reliance upon His fatherly care I, Thomas R. Marshall, governor of the state of Indiana, do hereby proclaim Thursday, Nov. 25th, 1909. “Make of it a day of genuine thanksgiving, on which we not only reverently acknowledge our reliance upon the Divine, but gladly discharge our duty to all men as our brethren. And in this spirit of worship and service from year to year may God bless the commonwealth of Indiana. “Given under my hand and the great seal of the state of Indiana at the capital in the city of Indianapolis, this 4th day of November, in the year of grace, one thousand nine hundred and nine, and in the year of : light, one thousand nine hundred and nine. “THOMAS R. MARSHALL, Governor of Indiana. By the Governor: FRED A. SIMS, Secy, of State. o STEPPED ON RUSTY NALL Clyde Rice, the mail carrier, met with an accident yesterday which will cause him to be laid up for a few days and off of service. While, at his home last evening he happened to step on a rusty nail which will give him a very sore foot. Albert Acker is acting as relief carrier in hfe stead.

ADVANCE IN MUSIC I Pupils of Third and Fourth Grades at Academy of 1 Music Gave Recital I i READY FOR DIPLOMAS '■ • ; Which Will Be Awarded at 1 1 the Recital at K. of C. Hall December 30 Yesterday afternoon, beginning at i 3:30, the pupils of the third and fourth grades of the Academy of Music gave their first recital of this year at the academy. These recitals will be given once a month in order to get the students acquainted with 1 each other’s progress and also for each Individual to reap their own personal benefits. These students are all expecting to be promoted to higher grades and to receive their diplomas at the large recital whicn will be given at the K. of C. hall on Dec. 30. The recital of yesterday was opened by Miss Esther Sellemeyer who played “The Merry Bells” quite well, her piece being considered one of the best. Following this Matilda Heiman played “Convent Bells" very admirably and is deserving of much praise for her work. Miss Stella Braun also played this piece with good expression. Eva Stein then rendered “Home, Sweet Home" and was given much credit for her excellent rendition. "Silvery Waves" (by Emma Kinney and "Cuban Dance” ! by Lorene Keller were both well giv|en. Miss Bernice Andrews who playled “Palmetto Schottfeche” and "Evening Prayer” are deserving of especial mention for their good memory work, they rendering their pieces i from memory with ease and accur- | acy. Others who gave selections were Ina Martin, “Midnight Fire Alarm;” Kiatherine KlelHor. “Philopena;” Dora Schlickman, “Tripping Through the Meadows;” Marie Gass, “Galop Joyeaux,” which were all well given. NOTHING DOING Winter Approaches Bluffton, But There Seems No Chance for Gas WILL BE A LAW SUIT Local Attorneys Say They Will Be Able to Defeat the Franchise There has been “nothing doing” in artificial gas matters, at least not on the surface, stace the last council meeting, and the Indiana Lighting Company has made no effort to have the council take any action since the vote to defer the matter for two weeks. At that meeting a representative of the gas company declared that there were two points on which they would make no concessions. First they would not accept a franchise at less than $1 per thousand cubic feet. Second they would not accept a franchise by which they sur. rendered all rights under their old so-called perpetual franchise. City Attorney Stine said last night that this was equivalent to declaring that ithe question of the validity of the old franchise will have to be tested by the courts, on the merits of the injunction suit filed by the city, because the city will not grant a franchise recognizing the old franchise and will not make a dollar price for 550 heat unit gas, which is declared 50 heat units below the standard. A fight on the law suit in court means, I very likely no gas in Bluffton this winter, for it seems probable that no ' matter who wins the case will be ap- ; pealed to the state’s highest courts. , The attorneys for the city have several points on which they express confidence that they will win out and defeat the use of the old franchise.; I—Bluffton News.

THE PURE FOOD LAW Some Prosecution* Likely for Its Violation*. Indianapolis, Nov. 5. —H. E. Barn- • ard state food and drug commissioner, announced yesterday that hereafter violations of the Indiana pure food laws will be vigorously prosecuted anywhere throughout the state. The “campaign of education," ha says, has come to an end, and hereafter instead of inspectors from the pure food department giving instruc- 1 tlons and telling violators of the law what they ought to do toward bring tag about a better condition of affairs, there will be prosecutions. "For two years we have endeavored to educate the people of Indiana and now we are going to do some thing else,” said Mr. Barnard. “This sisterly love Idea of telling the peo pie not to violate the pure food laws of Indiana cannot go on forever, and it is to the best interests of this department for prosecutions to be started.” THEY LAND SAFELY Mr. and Mrs. Sprunger Ar- ( rived at New York City Last Evening ABOARD ST. ANDRE I Will Arrive Here Tomorrow Afternoon on Special Train over Erie According to a message received here this morning, Mr. and Mrs Eli . Sprunger landed safely at New York last evening after three or four, months abroad and will arrive here ’ tomorrow afternoon on a special train over the Chicago & Erie. They returned on the St. Andre boat. Mr. Sprunger bought the largest bunch of horses ever shipped to this city and this is saying much for the firm of Frisinger & Sprunger have long been known as one of the heaviest importers in this line in the country. Mr. and Mrs. Sprunger went to Europe about four months ago and beside buying the big shipment of horses have traveled over a large I portion of that country, seeing many sights. They will arrive fhere 'to- | morrow afternoon, on a special express train which will bring the consignment of horses. The shipment represents a large fortune as these animals each cost a large amount. The people here will be glad to learn of the safe arrival of the Sprungers and will watch with interest for the bunch of horseflesh which they will bring with them. ' ' — o— INTO WINTER QUARTERS Wallace Shows on the Way to Home Farm at Peru. Peru, Ind., Nov. s.—This is the last week for the Ragenbech and Wallace shows on the road this season, the closing date being next Monday at Dyersburg, Tenn. At the winter quarters, east of the city, there is much activity in anticipation of the home-coming next week. The Wallace farms, constituting fifteen hundred acres of bottom land, have j yielded bountiful crops this year,' and hundreds of tons of hay and thousands of bushels of corn have been stored at the winter quarters for feeding during the next six months. o A SUNDAY WEDDING On next Sunday afternoon at the Bleeke church in Union township, will occur the wedding of Miss Bertha Bleeke to Mr. Chas. Kirchner, of Preble township. Miss Bleeke is the daughter of Mr. and Mrs. Wm. Bleeke who reside in Union township, and I who Is a beanutiful and accomplished -i young lady. Mr. Kirchner is a young • farmer who stands high in the est.i- --’! mation of his friends. A large num- ’' ber of invitations have been issued ■lto their friends who will respond to . the call and make the day a memor- ! ■! able one. After the marriage ser- | (vices at the church they will go to the home of the bride’s parents I where a wedding dinner will be I served.

Price Two Cents

MONROE SOCIETY A Birthday Anniversary Among the Social Events of the Week SHIPPING WOOL The G. R. & I. Placing a Half Mile of Siding Here Monroe, Ind., Nov. 5. —(Special to the Daily Democrat) —-About 40 of the young rrienas or Miss Esther McNairy met at her home at the M. E. parsonage last night to celebrate her birthday anniversary, and it was a merry party that assembled for the occasion. Miss Esther was the recipient of many beautiful and useful presents as a token of the high esteem in which she is held by her many friends. The evening was spent in music both vocal and instrumental and a general social time was had by all present. At 9:30 o'clock a bounteous repast was served which al! enjoyed highly, after which all departed for their (respective homes wishing Miss Esther many happy returns and many more such enjoyable occasions. The Monroe Grata, Hay & Milling Co. shipped three car load of wool from this place and Willshire, Ohio, Wednesday to Weil Bros., of Fort Wayne. The wool was of excellent quality and amounted to a neat little sum. The half mile siding which is being put in here by the G. R. & I. railroad i is ready for the putting down of the rails, and when completed will be quite an improvement in the way of • passenger trains being switched at this place. C. L. and Ed Oliver and John Mayer were at Willshire Wednesday, where they packed and loaded two car loads of wool for the Monroe Grain, Hay & Milling Co. G. McFarland, of Kalamazoo, Mich., who has been here for the past five weeks, as operator at the G. R. & I. depot at this place will leave Thursday for Geneva, where he will take I care of the business of the railroad ' company for the next three weeks. I Mr. McFarland is a genial and courteous young gentleman and has made may friends while here, and we highly recommend him to the citizens of Geneva. Homer McKean. Y>f Germantown, Ohio, is here visiting with friends ; and relatives this week. He reports that he is prospering in his new home, and that he has had an excellent tobacco crop this year. Andrews & Fills shipped a car load of fine hogs from here to the eastern market last night. They were a fine lot of big hogs. Viola Hendricks, who has been seriously ill with inflammation of the bowels, is no better, and her many friends are alarmed over her condition. Every Woodman is urged to be present at the next regular meeting when (there will be two or more I candidates initiated and several applications to be voted on. Something doing boys, be cure and come. A deal was consummated whereby Menno Lichty, cashier of the Monroe State Bank becomes the owner of the A. B. Bailey store room on Mam street. This deal has been hanging fire for some time. 3 o TROUBADOURS WEDNESDAY Big Entertainment at the Elks Hall •f on Next Wednesday Evening. e» ' e Your attention is called to the end tertainment to be given at the Elks d'•hall next Wednesday evening when g'tlie company of Troubadours wil. be - here They will furnish an excellent -Program of music and reading and I'at ten o’clock those who care to J may Indulge 4n dancing with the (music furnished by the best orchestra ever heard in this city. If you miss this you miss the best thing of the kind ever given In this locality and if you are looking for amuse--1 ment you will get it by going to this.