Decatur Daily Democrat, Volume 7, Number 276, Decatur, Adams County, 19 November 1909 — Page 1

DECATUR DALLY DEMOCRAT.

Volume VII. Number 276.

DIRECTORS MEET Fair Association Board Met Today and Elected New Officers for Year FUTURE IN DOUBT Many Plans Discussed But No Definite Action Was Taken on Matter The directors of the Great Northern Indiana Fair Association held an--other all day session today but nothing definite was determined as to the future course of the enterprise, which means so much to the people of this county. The first thing on the program was the election of officers which resulted in Thomas Baltzell being chosen as president, George Brewster of Jefferson township was made vice president, Charles Magley of Root township was chosen secretary and Charles S. Niblick, president of the Old Adams County Bank, as the treasurer. The rest of the day until three o’clock this afternoon, was spent in discussing plans for the payment of the debt and as to whether or not there will be a fair next year. Various plans were talked over but nothing was proposed which seemed to please all the members of the board, and they again slipped away one by one, until there was no quorum left and it became necessary to quit. What the result will be cannot be told at this time. The board has an offer of SSOO for their lease which runs seven years yet, and it is possible that another association may be organized if this one decides ot to proceed. o MIGHT HAVE BAD CATASTROPHE Indianapolis, Nov. 19. —According to W. S. Blatchley. state geologist and head of the mines department, there are fifty mines in Indiana where a catastrophe similar to that of Cherry, 111., and equal in its horrible results may be expected to occur at any time and in order to reduce the danger of such a horror iki this state, Mr. Blatchley will at once take up with James Epperson, chief mine Inspector a plan under consideration for compelling the mine owners to remedy the dangerous features said to exist in the coal mining sections. POSSUM DINNER Mr. Waring Furnished a Delightful Bill of Fare for Friends AT KUEBLER HOME The Menu Included Many Goodies from the Southland and was Enjoyed Mr. L. C Waring returned recently from a visit to hfe old home in Mississippi. and ever mindful of his friends in Decatur, brought with him the necessary articles for the preparation of an old time southern dinner. Mrs. W. A. Kuebler, whose fame as a hostess and for the style of dinners she can serve, is well known to all who have partaken of the hospitality of that home, was easily persuaded to take charge of the dinner, the hour being fixed for seven o’clock. At that time there were present Judge Edward O’Rourke and J. R. McCullough vice president of the Hamilton National bank, L. C. Waring, W. A. Kuebler, C. A. Dugan and H. L. Conter. The feast for such ft was Included all the dishes which have made the south much talked of in a hospitable way, 'possum, yams ( of the real old fashioned variety, , black eyed Susan peas, persimmons, . and all the side dishes which were ' necessary. It was a great occasion , of the kind and the gentlemen who ( enjoyed same do not hesitate to say so.

HE SUFFERED A RELAPSE Judge Allen Zollars cf Fort Wayne in Serious Condition. Since two days ago, when he suffered a relapse, the condition of Judge Allen Zollars ha u been extremely critical, and while it Is stated today that he fe resting more easily, It is admitted that some .elements in the case are giving the physicians and friends I grave apprehensions. The patient is at Hope hospital, where for months he has been waging a heroic struggle agafest the inroads of disease. He has submitted to several surgical operations, and until a few days ago his progress toward recovery was so gratifying that friends confidently expected he would soon be able to leave for his home. It had been Judge Zollar’s cherished hope to be able to attend Jhe dedication ceremonies of the Scottish Rite cathedral. He delivered the address when the cornerstone of the building was laid in September of last year.—FJort Wayne Sentinel. HAD A BUSY DAY Federal Grand Jury Indicted Many Bank Clerks THE MARKERS ■■l ■ I X Tipton Bank Scandal is Again Revived by Indictments Tipton, Ind., Nov. 19. —The indictments against William H. and Noah R. Marker reported late yesterday : afternoon from Indianapolis wire not ; surprising to the people of this vicinity. but there was little specula,tion as to the counts upon which the brothers, to whom had been intrusted the management of the First National Bank, had been charged. The fact that William H .Marker had been indicted on double the number of accounts of that of hfe brother, who ran away with $60,000 of the bank's funds, it is alleged, was not clearly understood. Following the statement ( that the grand jury found no indictmet against E. W. Shirk, the presidet of the bank, who was arrested at the Calumet Club in Chicago on the charge of misapproprihtfng the funds, the officials of the bank declared that they would issue a statement tomorrow. The president of the bank, who .was also the head of a bank at Peru, ' and whose home is in Chicago, lcane< the Tipton bank money in time of panic and then withdrew it from time to time. He made his last withdrawal just before Noah Marker left with the funds, and the books did not show the transaction. Among the indictments returned by the federal grand jury yesterday is one against James H. Phillips, a bookkeeper in the Terre Haute National Bank, who is charged with embezzling $15,000 of the bank’s funds. The money was taken, it is alleged, by the manipulation of the books of the bank to a similar extent as that adopted by Max Emmeriich, the bookkeeper of the Capital National Bank of this city, who was also indicted. Another indictment is against Edward N. Detzer, a paying teller in the First National Bank at Fort Wayne. He is charged with embezzlement by misapplying funds to, the amount of $7,800. Frank H. Nicolai, assistant cashier of the City National Bank at Auburn, Ind., is also charged with the embezzlement of funds. The amount he is alleged to have taken is $5,707.92. Nicolai gave bond in the sum of $5,000 after the discovery of the shortage and after he had been arrested following his disappearance from hishome in Auburn. K. OF P. GIVE WORK LAST NIGHT The K. of P. lodge held a yery interesting meeting last evening and the first rank was'given to one candidate which furnished amusement for the many who were present. Seven new applications were received and they likewise will receive the work in the near future. The lodge is steadily growing in number and by the time their new home is completed will have a very creditable membership.

ABOUT COMPLETE Improvements at the Krick • & Tyndall Plant Are About Complete LARGE DRY ROOM They Will Double the Present Capacity of Their Large Concern The improvemets under way at the Krick & Tyndall manufacturing plant are about complete and it will be but a short time until their capacity will be well nigh doubled, and any one acquainted with the enormity of this institution will be impressed with the statement that they are going to do more business than heretofore. They have been large manufacturers in their line of drain and sewer tile, but they will soon be doing more business than ever. This addition to their plant and capacity was made necessary by the increased demand for more of their finished product, which now finds its way to many parts of western Ohio, northern Indiana. and southern Michigan. New kilns have been built and a drying room 139x46 feet, four stories high is now about complete, at least it will,be when a boating system is completed, this heating system being, used for the proper drying of the tile before they are placed in the kiln for burning. These tile are most all shipped out of this place, although many of the smaller sizes are sold to Adams county farmers, and they helped make the soil in this part of the globe the best that is cultivated. During the coming year the Krick & Tyndall company will greatly increase their business, and which will easily make them the leaders in their litae of manufacture. TOOK THE DEGREES Several Decatur Men Were in the Scottish Rite Initiatory Class FOR THIRTY-SECOND Biggest Week in Indiana Masonic History is Drawing to a Close The Decatur Masons who attended the Scottish Rite meeting at Fort Wayne came home on the last car la<t evening, tired out but happy. Among those from here who took the work from the eighteenth to the thirtysecond degrees yesterday and th is became members of the Rite, were Judge J. T. Merryman, D. M. Hensley, C. C. Schafer. E. B. Adams, J. D. Dailey, H. R. Moltz and John H. Heller. The thilrty-second degree given last evening was the culmination of three days of work, including the ' dedication of the new and beautiful temple and this was the first Brae the Scottish Rite work has ever been given in Indiana outside of Indianap- I oils. Many distinguished visitors were there and a number of prominent men from all over northern Indiana were in'the class, which was the largest ever initilated In the state, thers being 298. The big week will conclude this evening when the order of' Mystic Shriners will hold their session. The only candidate from here I who will travel the. hot sands is C. ( C. Schafer. The new temple is certainly a model one, is the finest in the , entire country and was erected at [ a cost of $200,900. In its completion | William Geake, the greatest of al’ Hoosfer Masons has realized the dream of his life and he was a very happy man. ——oHELD AS A SUSPECT T (Bluffton, Ind., Nov. 19.—Arrested yesterday on four charges of carrying a concealed weapon and held under bond of $2,000 William Uptgraft, 20, is in reality being held as a suspect. in the Fred ■ Haag murder mystery, with a possibility that other charges . may be filed.

Decatur, Indiana, Friday Evening, November 19, 1909.

GRANTED STAY IN PROCEEDINGS Gompers Trip to Jail Postponed Until November 29. Washington. Nov. 19. —The court of apeals of the District of Columbia, upon request of counsel for the labor leaders, today granted a stay until Nov. 29 of the issuance of the mandate sending President Gompers, Vice President Mitchell and Secretary Morrison of the American Federation of Labor to jail for contempt of the supreme court of the District of Ooluifibia in the Bucks Stove and Range case. Chief Justice Shephard stated that if the labor leaders had by Nov. 29. the day the supreme court of the United States reconvenes, filed in that court a petition for certiorari, on application a further stay of the mandate would be granted, pending the determination by the higher tribunal of the application. As a result of this action, Gompers, Mitchell and Mor- ' rison need not come to Washington 1 as it will not be necessary for them ' to surreder under their bonds, nor ' will they have to have recourse to habeas corpus proceedfngs. ■■ ■ o MADE SETTLEMENT State Settled Suit Against J. Oscar Hen- : derson * L - - TEN THOUSAND i They Settle the Case Filed in 1906 for the Above Amount Indianapolis, Nov. 19. —Pinal settlement in the case of the state of Indiana against John Oscar Henderson I former auditor, was effected before I Judge Vinson Carter of Superior court Room 3, yesterday when an agree--1 I ment setting forth a $10,900 compromise was presented and filed. William H. Thompson of the attorney general's office represented the plaintiff and John W. Kern and C. C. Shirely appeared for Mr. Henderson. By the provisions of the compromise the defendant settled the costs, which amounted to $12.15. The suit was instituted March 30, 1906, when Warren Bigler was auditor, and $120,000 judgment was asked on the ground that Mr. Henderson had retained fees which rightfully should have gone to the state treasurer. The former auditor, however, contended that he properly handled the funds intrusted to him and held only the money due under the statutes as compensation. Thomas R. Marshall, governor; J. C. Billheimer, auditor, and James Bingham attorney general, suggested bringing the litigation to an end a few days ago, when they submitted their . proposal to Mr. Henderson’s attorneys. They said the recent decision of the supreme court in the Americus C. Dally case made it practically Impossible for the state to collect the money asked in the original complaint, excepting reciprocal fees of $29,663.21 and other fees of $977. The state officials said higher courts | would have to pass on a law enacted in 1879 before the reciprocal fee question could be decided and believed the supreme court might hold it i unconstituuonal and defeat the cause entirely. Then they suggested that there was a chance that the bench might hold the law constitutional and enable them to collect all the reciprocal fees. As the matter was wholly uncertain, they remarked that good ' business judgment prompted a compromise and final adjustment and agreed to settle for .SIO,OOO and court ! costs. Mr. Henderson's attorneys answered the state’s communication i accepting the -effer and both letters ’are set forth in the agreement of I compromise filed yesterday. When the lawyers appeared Un court and stated their purpose, Judge Carter merely asked them if they were certain that they were acting within the law and entered the agreement on record when they answered in the affirmative. ——o CALL FOR BANK STATEMENT Washington, Nov. 19.—The comp- . troller of the currency todayJssued a call for the condition of business of , national banks to the wslose of busi--1 ness Nov.’ 16, 1999.

LIBRARY TONIGHT * r A Thanksgiving Service to ’ Be Given There this 1 Evening J x > MISSIONARY WORK J ■ Mrs. N. Libby Allen of Des i Moines. lowa, Will Be t the Speaker < , Decatur will this evening ( entertaln 1 one of the noted missionary workers ’ of the country, she being Mrs. N. Libby Allen of Des Moines, lowa. She ' will arrive at noon and be a guest r while here of Mrs. John Niblick, and > tonight she will make an address at the thankoffering services to be held in the library, under the auspices of the Home Missionary Society of the Methodist church of this city. She has been one of the prominent speakers at the conference convention 1 which closes its sessions at Marion at noon today after a several days’ meeting and which too, has been a great event in the annals of missionary work. Mrs. Allen has been assigned to this conference district for ten days, and thus It is that she is privileged to visit this city. An Iti- . vitation has been extended to all the * missionary societies of all the churenes, and it fe expected that the meeting tonight will be enjoyed by every one interested in this sort of church work. The speaker of this evening has been in the city once before, about four . years ago, and at that time she made a favorable impression and many friends among the ladies of Decatur, 1 who interest themselves in home or ■ any other kind of home missions, t o MEMBEBS OF BAR Attorney Henry Colerick Often Practiced in the k Courts of this City ; TO ATTEND FUNERAL I 1 Local Lawyers Will Go to ) Fort Wayne Tomorrow to k i Pay Last Respects The funeral services for the late ■ Henry Colerick, the well known Fort Wayne lawyer, will be held from his ’ residence in that city Saturday after- ■ noon at two o’clock. Mr. Colerick ■ was a member of the Adams county i bar and had often practiced here. The association wilK probably meet this ’ afternoon or evening to take some : action, showing their respect for the ■ learned attorney and several of the ' local lawyers will go to Fort Waytie i to attend the last services in ,his i honor. Mr. Colerick was a wonderful lawyer, was known as the “Little ■ Giant” and had no peer ita the state as a trial lawyer. He was well well known here and highly respected. Physicians held a postmortem over his body and report that death was due to a blood clot on the hshrt. Gathered in the library at the court room today a dozen lawyers who had known the brilliant man well, discussed his many excellent traits of character and all had warm praise for I his ability. He was quick, alert and a foe. to be reckoned with when In a law suit. A keen lawyer and an orator, his services were much sought after and he probably defended more men charged with crime than any other attorney in northern Indiana. o WILL GO TO WASHINGTON, D. C. J. T. Gillig of this city, who is located in New York City, will leave that place in a few days for Washington, D. C., having resigned his work there and accepted a position at a raise ill the government offices of architecture and public building. The position is a good one. All plans ■ for buildings owned by the govern* i ment, federal buildings, embassies ([and mints are drawn by its employes ■jin Washington at the government of-j | flees. »■

I MANY WITNESSES HERE Vera Cruz Citizens Here Before th® Grand-Jury. • Sheriff Meyer of Decatur, was in • the city today, going from here to Vera Cruz, in which vicinity he is getting witnesses to appear before Adams county grand jury in the investigation of the death of the late , ‘ Mrs. Al Kindle. Several witnesses ‘ from this city and vicinity went to Decatur today for the purpose oftes- ’ tifying while more will go tomorrow. The prosecuting attorney has had a large number of. witnesses near Vera Cruz summoned to prove that Boegley, whose motorcycle ran Into the buggy, was under the influence of 1 intoxicating liquor at the time. He 3 was reckless in the driving of the 1 motorcycle it {is ('claimed. William i , Kerfoot, of ths city, a friend of the ( Kindle family, was one of the people C who went to Decatur. —Bluffton Ban- ' 1 ner. 1 t o !THREE MILE LAW ? a < - Decision by Supreme Court ' Questioning Its Constitutionality , 1 v i .A SPECIAL ACT r . Judge Jordan Reverses a 1 Decision from Hamili ton County < ! < 1 Indianapolis, Nov. supreme r court has decided that the law for ■ 5 . I z building gravel roads by taxation is , unconstitutional. The decision is not r limited to declaring the Invalidity of • the “three mile law.” but applies to all the provisions of the amended I highway act of 1995, which authorizes free gravel roads to be paid for by i taxation levied on all the property in ■ the township, instead of assessments 1 on the lands beefitted. The court I, decides that this part of the law is , invalid because it only authorizes . gravel roads to be constructed by ;, taxation on "a petition signed by fifty , or more freeholders and voters of any 1 , township * * * which includes any 1 incorporated city or town • * having a population of less than thirty thou- 1 sand inhabitants." Thfe provision is , > held to make the law a local and spec-1 ( ial act. Judge Jordan said: “These requirements of the lew manifestly exclude, first, every township which does not have an incorporated town or city with a population of fewer than thirty thousand: second, everv ’ and all townships which have no int corporated town or city whatever. * • 3 Can it, with any color of reason be - claimed that townships, wherein there : is an incorporated city of less than r thirty thousand inhabitants, are in ? a class by themselves, so as to afford 3 a reasonable basis for making a law 3 applicable to improving highways ap--3 plicable alone to them? * * * Certainly 3 such a classification is not a natural s or reasonable one. It cannot be said i to inhere in the subject matter of lay--1 iing out. establishing and improving i public highways. « » » We conclude ! arid so hold that Section 63 of the a-t in question (Section 7712, Burns, • 1998) is unconstitutional and there- ‘ fore void. Excepting Section 81, it > may be said that all of the sections . of the act which appear and follow ■ under the caption, 'Gravel roads by I taxation,' from Section 62 to 82 (Sections 7711-7733, Burns, 1999), inclu- ! sive, depend upon saM Section 63 and are so mutually connected and asso- | I elated therewith that each and all must i go down together.” On the foregoing • opinion the supreme court reversed t a judgment by which the circuit court ? had refused to enjoin the board of ■’ commissioners of Hamilton county from letting contracts for the construction of more than $40,999 of grav- !. el road improvements under that law, - and to issue bonds in payment which e should, in turn, be paid by taxation. .— o s INCREASED CAPITAL STOCK / s New York, Nov. 19.-Wells-Fargo L r & company announced an increase , s in the capital stock of the company , - from $8,000,000 to $24,000,000. The < Jew fesue of is to be offered , ; to stockholders, to *hom a stocK s dividend of S3OO, a share is to be de- t I dared.

Price Two Cents

COURTHOUSE NEWS New Complaint Filed in the Ross-Raudenbush Breach of Promise Case DEMAND IS REDUCED A Marriage License Issued —A Transcript from Justice Court Filed A new complaint has been filed in the case of Leota Ross vs. Homer Raudenbush, for breach of promise, the demand being $2,000 instead of $5,000. This complaint is only in one paragraph, alleging that the parties promised to marry each other, but later the defendant refused to do so. The plaintiff filed an application for leave to prosecute as a poor person. Motion sustained and L. C. DeVoss appointed counsel for plaintiff. The $5,000 case has not been dismissed. An appeal from a justice of peace court, a new case has been filed in circuit court entitled Linda Yoder vs. Peter Hoffman et al, damages and possession of property. . < Francis M. Cottrell vs. Amos D. Buckmaster et al, note, default of a'l defendants. Leota Ross vs. Homer Raudenbush, breach of promise $5,090, demurrer overruled: rule to answer within five days. A marriage license was issued to ■John F. Debolt, 25, a farmer from 'Jefferson township to Jessie Lankhart. 20, of Jefferson township. They I will be married this evening by Rev. Kohn at Willshire, Ohio. Jeremiah Leichty, guardian for Myrl, Mabel, Frieda, Justine and Judith Liechty and filed bond for SBSO. Real estate transfersi: fffarah E. . Wolf et al to William P. Colchin, 61 1 acres Root township. $3,090: Margaret Sphar to Clara Sphar, inlot 1 Decatur, $600; Elizabeth Steffan to Joel N. Kipper. 6 acres French township $1,500: ! Sarah E. Leßrun to C. F. Omlor, outlot 39, Decatur, $1,250. The grand jury continues its labors and there is apparently no ' chance of an adjournment for several .days. o STUMBLING BLOCK Was Subject of Evangelist Thompson for Last Evening’s Sermon ON LAST EVENING Subject for this Evening—- “ The Ghost of a Lost Opportunity” i Under most favorable weather, fino audience, Evangelist Thompson preached a great sermon on .‘Stumbling Blocks'' last night. In part he said: The appalling indifference of church members is a great barrier 1 to sinners. Ignorance of the Bible Jis no stumbling block; its only an , excuse. If you ever studied reading 1 and writing and arithmetic any bett i ter than you study the Bible you f couldn’t write your name. That you ' can’t play a piano is not the piano s . fault. That you are ignorant of scrip- •, tures is your own blame. The plan 1 of salvation is so clear that the wa> • faring man a simpleton, may make no mistake. The sermon was bitaful (of good things, practical things that were helpful to old and young, to saints and sinners. A big choir of cheerful singers and a beautiful solo by Nellie Daniels, delighted the audience. The ordinance of baptism was administered at the close of the service by Pastor Vernor Subject tonight. “The Ghost of a Lost Opportunity.”