Decatur Daily Democrat, Volume 7, Number 279, Decatur, Adams County, 23 November 1909 — Page 1

DECATUR DAILY DEMOCRAT.

Volume VII. Number 279,

BONDS ARE VALID According to the Opinion of Attorney L. B. Ewbank of Indianapolis INVOLVES LARGE SUM Attorney Says the Late Decision Does not Effect Roads Under Way Indianapolis, Ind., Nov. 23.—A question raised concerning the validity of the bonds issued in a large number of counties under the township levy gravel road law, declared unconstitutional by the supreme court last week, has set the Indianapolis lawyers, as well as those in other cities in the state, searching through their libraries to ascertain whether the bonds, said to aggregate from $25,000,000 to $50,000,000, have been invalidated by the decision. Louis B. Ewbank, an attorney of this city, who has followed the decisions of the supreme court more closely, perhaps, than any other attorney in the state, has made the following statement relative to the decisions and their effect on the bonds: “The five decisions, holding the law of 1905 unconstitutional, which provides for ’gravel roads by taxation, did not declare any bonds already issued to be invalid. Two of the cases merely decided that boards of commissioners could be enjoined from issuing any more gravel road bonds under that particular law, and in the other three cases the court held that a proceeding to construct a gravel road under that law must be dismissed if timely objection is made before any bonds have been issued. “Bonds which have already been sold and the proceeds used in building gravel roads are fully protected by the Constitution of the United States and by the rule of estoppel, which has often been applied by our su-

preme court. "Sectnon 10, of Article 1, of the United States Constitution provides that ‘No state shall * * * Pass any » * * law impairing the obligation of contracts.’ And under repeated decisions of the supreme court of the United States and also of the state supreme court outstanding bonds issued under the law for making gray el roads by taxation’ come within the protection of this rule. “The supreme court of Indiana has also frequently laid down the principle that when the people of a community have benefitted by a public improvement, without objection, they are estopped to deny their liability for its cost. “The decisions last week were all cases in which objections were inter posed to the improvement proceedings before any bonds had been sold or any work had been done toward improving the highways. “The greater part of the outstanding gravel road bonds were not even issued under the law held to b< un constitutional, but under other statutes which do not have the defect found in this one.’’ EXPLOSION WRECKS DANVILLE II " a Many Buildings Destroyed and Four Italians Buried under Wreakage. Danville, 111., Nov. 23.— (Special to Daily Democrat)—Six buildings were totally wrecked, twenty-five partially destroyed and the windows broken in more than a hundred houses in the business district of this city today as the result of a dynamite explosion hi the Joseph Mascari fr,uit and wine wholesale house. The police believe it was the work of the “black hand.” It is reported that the bodies of four Italians are buried beneath the wreakage. o — ' Mrs. Mary Magner went to Monroeville this afternoon, where she will visit several weeks with her son, Joshua Magner. She was acconipan led by her daughter, Mrs. Jesse Smit i who wil Ireturn home this evening

BEARDSLEY LAW IS VALID Supreme Court Says That Liquod Cannot Be Sold Wholesale. / Indianapolis, Indiana, Nov. 23.— (Special to Daily Democrat)—The su. prenfe court jtoday declared the Beardsley law valid. They also declared the sale of beer wholesale to the consumer unlawful. The same rule apples to the sale of all kinds of intoxicating liquors. Judgment was rendered in the case against John Skelton, agent for the Terre Haute Brewing company, located at Greencastle. The decision is of much importance because it effects the plan being generally used in dry territories over the state.

THEY WERE BUSY Over Forty Indictments Returned by Wells County Grand Jury STILL A MYSTERY No Indictment in the Haag Murder—Uptegraft Had an Alibi Over forty indictments were returned by the grand jury today, which has been in session since last Mon- : day afternoon, when the members i were instructed by the court. A [ large number of these indictments i were for alleged blind tigers and some of them were for gambling. Neither William Uptegraft nor Fred Kump were indicted by the jury. While there was some contradictory evidence given by Kump there was considerable doubt as to whether an indictment on the charge of perjury would stick. Uptegraft is still in jail, with the $2,000 bond hanging over him, but it is probable that this bond will be decreased within a short time, or that arrangements will be made for him to plead guilty to the charges of carrying concealed weapons against him. While Kump was not indicted it is barely possible that he may yet be brought before the court on the charge of contributing to the delinquencies of the Williams girl. The forenoon was spent in a further effort on the part of the jurors to learn something more concerning the Haag murder case. A number of witnesses who were called in the case last ween were before the grand jury today and nothing of apparent special importance was learned from the witnesses. —Bluffton Banner. FORMER DECATUR TEACHER Now Engaged in Teaching at Ladoga, Indiana. Miss Mary A. Johnson, who a number of years ago was teacher of English literature >arsil history in the Decatur high school, writes friends here that she is now teaching in the high school in Ladoga, Ind., her home town. For a number of years after teaching here, Miss Johnson w r as engaged as assistant pastoi in a number of large cities, among them being Warren, Ohio, and ,/St. Louis, Mich and last year she served as secretary for the Young Woman's Christian Association in Fort Wayne, where a great many of her Decatur friends were pleased to greet her. Those who know of her excellent qualifications for teaching, will be pleased to hear that she returned to that work. NAMESAKE for MR. FLEMING Mrs. S. S. Magley, of Monmouth, has returned from a week's visit with her sister, Mrs. Lewis McCullough, at Fort Wayne. She announces the birth of a nine pound son to Mr. and Mrs. McCullough, the youngster making its advent into the world last Saturday. It has been named Josephus, in favor of its uncle, Trustee Josephus Fleming, of Union township. The mother was well known here as Miss Artie Fleming.

INSTITUTE LATER L. E. Opliger Postpones Usual Institute a Week A GOOD PROGRAM Teachers Can Now Enjoy Thanksgiving Vacation Out of City The usual custom of holding the county teachers 'institute on the Sat urday following Thanksgiving, has been changed this year by L. E. Opliger, county superintendent of schools, in order that this event might not break in upon the vacation planned by many of the teachers who will spend their Thanksgiving vacation out o fthe city or county. In stead, the institute this year has been set for Saturday, December 4, but a week later. The institute will be held in the Decatur library hall, and the following program will be given: Saturday 9:30 a. m. Music. Devotional. Music—Male Quartet. “How to Secure Better English for the Graduates?” —Mrs. M. Bailey. Discussion—A. Sellemeyer. “The Schools of Today” —E. E. Rice. Discussion —F. D. Huff. Vocal Solo—G. A. Lehman. “Moral Character vs. Knowledge”— Jesse Kelly. “The Kingdom of Peace” —David J. Schwartz. Saturday 1:30 p. m. Music —Male Quartet. “Hints on Primary Reading”—Miss' Vergia Buckmaster. "What Can the Schools Do for Citizenship?”—D. W. Horton. Discussion —O. F. Gilliom. Recitation—Miss Elizabeth Beitler.l “Our Common Schools” —J. A. Buck-; master. Discussion—J. H. Walters. Educational Quiz. Adjournment. HAVE A RECEIVER Mutual Live Stock Association Closing up Their Affairs in this Section EMPLOYED LAWYERS Stockholders Will be Assessed from Fifty’ Cents to Fifty Dollars Prosecuting Attorney James R. Fleming and Attorney Malcolm Skinner have been employed to close up the affairs in this county, of the Ossian Mutual Live Stock Association which quit business some time ago and went into receivership, The Union Trust & Savings .Company having been appointed receiver. Attorney R. W. Stine, as attorney for the receiver has been ordered by the Wells circuit court to close up the affairs of the company and the local attorneys were instructed to push collections of the various amounts due the company from policy holders in Jay county, which range, it is said, from 49 cents to SSO. There is in all about 300 policyholders residing in this county, who are liable for the various unpaid assessments which fell due prior to the company quitting business. Every policyholder, by the terms of the contract which they were required to sign in taking out insurance on their live stock, became members of the company and unless payment is made within a reasonable time suit will be brought against them for the amounts owed. Mayor C. H. Ayers, of this city, represente 1 the company in this county in writing business and wrote a number of policies. —Portland Sun. E. H. Nidlinger, who is conducting the candy kitchen at the interurban is busy today moving his household goods from his farm east of the citv to the home formerly occupied by Jess Smith on north Second street.

Decatur, Indiana. Tuesday Evening, November 23, 1909.

* NO PAPER NEXT THURSDAY > * The president of the naUon, * * the governor of Indiana and the * * mayor of our own fair city, have « * proclaimed that Thursday of this * * week. November 25th, is Thanks- * * giving Day, when we should ail * * lay aside our business cares and * * worries and give thanks to the * * Creator for all the blessings * * that have come to us during the * * past year. For this purpose, we * * will close our old printing shop * * on that day, and there will be * * no issue of the Daily Democrat. * * We will do our best to cover the * * field of news on Friday and will * * appreciate it if any person will * * send in such items of news as * * they may learn of. * THE INSURGENTS They Are Busy Now Counting Noses in the House DEMOCRATS HOPEFUL Think They Can Elect a Majority of the Next House

Washington, November 23—The in surgent Republicans in the house of representatives are trying to discover what their real strength is likely to be. They are now asserting that they will have fifty votes, and will be able to bring about a revision of the rules jf they can only trust the Democrats to stand with them. A list of fortyfive Republicans who are set down as insurgents was made public today. It is prepared by one of the leading insurgents and is based, he says, on personal interviews, correspondence and other information as to the attitude of men who assert they are ready ‘for the anti-Cannon campaign. This list is as follows: Colifornia, Hayes; Connecticut, Hill; Idaho, Hamer; Blinois, Wilson, Lowden. McKinney and Prince; lowa, Pickett, Haugen, Good, Kendall, Woods and Hubbard; Kan sas, Murdock and Madison; Massachusetts, Gardiner and Lovering: Minne- . sota. Davis, Stevens, Nye, Lindberg, Volstead, Miller and Steenerson; Nebraska, Norris, Hinshaw and Kinkaid; New Jersey, Fowler; New York, Foe, ker, Calder, Parsons and Bennett; North Dakota, Gornna and Hanna; Ohio, Hollingsworth and Johnson: Tennessee, Austin; Wisconsin, Coop- : er. Nelson, Kott, Carry, Esch, Davidson, Morse and Lenroot. This makes a total of forty-five men actually named. A committee representing the insurgents is busy trying to ob tain more recruits. Washington, Nov. 23. —Representatives James T. Lloyd of Missouri, chairman of the Democratic Congressional Committee, who has had charge of the movement to elect a Democratic national House of Representatives next year, arrived here. “The next house iwll be Democrat!’! by a safe majority,” he said. “There] are two conditions that are going tn bring this about. I refer to dissatisfaction over the tariff and to the growing issue of anti-Cannonism. Op position to Speaker Cannon and to what he stands for is growing by leaps and bounds in all of the Mississippi Valley states. CONGRESSMAN DeARMOND DEAD Famous Democrat and His Grandson Burned to Death in Home. Butler, Mo., Nov. 23.—(Special to Dally Democrat)— Congressman David A. DeArmond, and his grandson David, were burned to death in the De Armond home, here early today. Mr. DeArmond was one of the oldest Democrats, in point of service, in the congress. He was formerly minority leader. His son James who lived across the street, attempted to enter the house to save his father, but was restrained by his wife and neighbors. The bodies were not recovered.

STORES WILL CLOSE Business Will Cease in Decatur on Thursday for Thanksgiving Day EVENTS ANNOUNCED Family Reunions and Big Turkey Dinners are the Principal Features Thanksgiving Day will be duly observed in Decatur. The usual church services will be held and there will be dozens of family dinners and reunion in the city and county. Besides these there are to be various other social doings and a home talent entertainment at the Bosse opera house will furnish amusement for many. The motion picture shows all have special programs and the day should prove a happy one. According to the former custom, the stores will nearly all be closed during the entire day, among the business men who have asked us to announce this fact being the following: Niblick & Co. M. Fullenkamp. True & Runyon. Everett & Hite. F. V. Mills. Teeple, Brandyberry & Peterson. Fred B. Tague. Elzey & Vance. Chas. Voglewede. J. H. Voglewede & Son. Holthouse, Schulte & Co. Myers-Dailey Co. Winnes Shoe Store. Mrs. C. Boesse. Bowers Millinery Store. Mrs. Kate Burdge. S. E. Hite. Yoder & Brushwiller Hower & Hower. U. Deininger. Laman & Lee. Schafer Hardware Co. Schaub, Gottemoller & Co.

AMERICAN LEAGUE Ladies Organization of this City Secures Concert Singers FOR ENTERTAINMENT To Be Given Here —Proceeds Will Swell the League Funds - m ’ • Decatur citizens will be given the privilege of hearing the old Southland quartet which will be in this city Tuesday evening, November 30, under the auspices of the American League. The Old Southland Quartet with the sextette is pronounced the finest male quartet traveling, the ten or, a beautiful clear voice, is called the Caruso of the colored race, and each part being of the best, this feature alone will well repay you for going. Every member is of the best in the whole company, and it will be a grand evening of entertained. The ladies of the league will give you a number of fine amusements in the future and they ask your patronage, for they are working for the improvement of our city, which will benefit all. So come out Tuesday evening, November 30, and hear the best in this line.

ANOTHER RUMMAGE SALE This autumn seems to be a season of rummage sales and following closely the ones held in succession by the Methodist, the Christian and the Presbyterian ladies, comes the announcement from the Pocahontas ladies that they will open a similar sale in the Niblick building just south of this office, which the Presbyterans had occupied. The lodge will open the building for business about tomorrow, and very good bargains may • be secured from the large stock o* all kinds of goods which they will ’ carry. The sale will last a week or two and the proceeds will be use< in paying for the new piano which the odge recently purchased.

A REAL WARD POLITICIAN Little King Janies of Chicago, at the K. of C. Meeting. Col. James Hennessey, head of the Erie freight house clerical department, accompanied by P. J. McMur1/ay, George Jennings and Michael Walsh of Chicago, were in the city Sunday to attend the Kinghts of Columbus initiation. Mr. Hennessey is the well known politician of the thirtieth ward and is known by his friends and office force as little King James. He is one of the®>est known politicians in Chicago. It is said that the time is coming when he will be mayor of Chicago and friends say that they would not be surprised to see him governor of Illinois some day. He is one of the hardest Democratic workers in Chicago and when any of the boys want a favor or there is a job to be handed out the usual question is “what does Hennessey say?” He Is a little fellow full of ginger but a whole circus politically. He says that good goods always come in small packages—Huntington News-Demo-crat.

COURT HOUSE NEWS The Ross-Raudebush Breach of Promise Case Set for Trial December 22 GRAND JURY AT WORK More Witnesses Subpoened —Touhey Case Comes . Up December 20th Several more subpoenes have been issued for witnesses wanted before the grand jury, and this means that the session is not over yet. It seems doubtful whether they can complete the work before Thanksgiving Day and the boys may have to return on Friday to complete the work. This morning was spent in voting and this was one of the days when the fate of various offenders of the law was decided. •

The case of Leota Ross vs. Homer Raudenbush, breach of promise, de mand $5,000, has been set for trial on Wednesday, December 22. The defendant has filed a general denial to, each paragraph of the complaint. Miss Ross is a well known young lady of this city and Mr. Raudenbush is a high school student. The case is attracting considerable interest. Isadore A. Kalver vs. Decatur Fur nace Co., petition and claim of Thomas P. Feely on note, submitted. Finding that there is due claimant sum of $1,176 and receiver ordered to make distribution to said claimant for its proportionate share of assets of company. ,i— —- The case of James Touhey vs. City of Decatur for SIO,OOO damages, has been set for trial for Monday, December 20. John W. McKean vs. Mary A. Loch, et al, foreclosure mortgage, answers filed to various cross complaint by various parties interested in cause. Hunters' licenses have been issued to Franklin P. Myers, T. C. Myers, Paul dsenhart, Samufel Brewster, Jonathan Rian, Dr. C. H. Sche ck, J. M. Elzey, George C. Mumma and Harrison Miller.

Charles Van Camp et al vs. Laura | Van Camp et al, contest of will, leave asked by plaintiff to amend com- I plaint and to' make new parties defendant. Request granted and amended complaint filed. o— HE NUDGED ANDY’S ELBOWS John Gillig in Push with Carnegie on Boat at Norfolk. John Gillig, who has been employed with a New York architect, but who last week received an appointment. to a position with the government, in the U. S. architectural buildings in Washington, D. C, wrote friends that he sailed Saturday from Norfolk Va. for Washington. In the same boat on which Andrew Carnegie happened to be. John says that the crowd was ( very great and in the push, he nudged . elbows more than once with the great , Andrew. <

Price Two Cents

MONROE IS BUSY Our Hustling Correspondent Sends in a Fresh Bunch of Latest News COMERS AND GOERS Elevators are Bulging Out at the Sides—Social Affairs Numerous Monroe, Ind., Nov. 23.—(Special to Daily Democrat) —Oliver Wuerst, a former Monroe boy, but now brakeman on h (G. R. & I. passenger train on the north end, was calling on his mother and other friends here over Sunday, returning Monday morning. Oliver met quite a bunch of old associates and was kept busy shaking /hands and recalling /incidents of years ago, which took place in this town. Z. O. Lewellen and family are preparing to make a few days- visit with relatives and friends in Muncie and Delaware county this week. Our cattle and hog buyers are on the jump, buying and shipping to foreign markets, and are paying the highest prices which our farmers greatly appreciate. An unusual amount of poultry has been gathered up at this place by the Decatur Produce Co. for the Thanksgiving trade for which they left a nice little bunch of money. The two warehouses here are taxed to their utmost capacity by the large amount of corn and grain they are taking in each day, and are com pelled to store away owing to lack of cars to ship the same and in consequence the elevators are bulging out at the sides. This is one of the ■ best grain shipping points on the map. These elevators are under the management of Marion Oliver and ' John Floyd, who both are thoroughly ■versed in the grain business. They have brought the grain market up to its present standard.

Osman Andrews will leave Wednesday for Canton, Ohio, where he will visit with relatives and friends for the next two weeks. The box social which was pulled off Saturday night at the Monroe school building was a success, both financially and socially and was attended by a large crowd. A program was rendered in which instrumental pieces were played by several pupils of the school. The fish pond was quite an attraction at which a great enthusiasm prevailed. Many “fine fish” were caught from the pond. The voting contest was spirited and netted the school a neat sum of money. Every one present enjoyed themselves to the limit. Prof. Gilliim deserves credit in the systematic way he conducted the affair. bet them repeat the event in the near future. • ! Don't forget the Queen Esther fair and supper to take place at the Modern Woodmen hall on Thursday evening. Every one (is invited to attend. Give the young I ladies a packed house on this occa- • slon which they will highly appreciate.

C. E. Bollinger and wife, residing three miles of Monroe, pleasantly entertained at dinner last . Sunday Mr. and Mrs. John Hocker ’ Dr. F. M. Parrish and wife, John I Johnson and wife, Frank Coppess and 'wife and Sylvan Babcock and wife of Fort Wayne. The day was spent in a social way and all did justice to the bounteous repast spread before them by their genial host and hostess. ’ A young horse valued at »200 was stricken with paralysis last Saturday , and died a few minutes later. The animal was a fine one and belonged Ito John Yeoman, living a short distance from here, and is quite a loss I to its owner, as this is the second horse lost by this gentleman within a short time. The Mayer Variety store will receive their large stock of holiday goods the latter part of this week, when they will offer some exceptional rare bargains. Watch for them and come early.