Decatur Daily Democrat, Volume 7, Number 298, Decatur, Adams County, 16 December 1909 — Page 1

Volume VII.. Number 298.

DECIDES LOCAL OPTION LAW Supreme Court Holds the Much Talked of Law is Constitutional

OPINION BY HADLEY Three Judges Say the Act is Good, Dissenting Opinions by Two Judges. REVIEW LIQUOR LAWS And Declare That “Prohibition” is Used in Title to Mean Regulation. (United Press Service.) Indianapolis, Ind., Dec. 16.—(Special to Daily Democrat) —The supreme court of Indiana today rendered a decision, declaring the local option lawconstitutional. The decision was written by Judge Hadley, who was supported by Judges Monk and Meyers, while dissenting opinions were rendered by Judges Montgomery and Jordan. The case before the court was that of Geo. McPherson vs. the State of Indiana and was appealed from Hamilton county. The briefs were written by the most learned lawyers of the state and it is likely that no decision in the history of Indiana courts is of so general interest over the state. In the decision the constitutional objection is thoroughly discussed and the pourt holds none of them well founded. The title of the act, on which the greatest importance was placed in the arguments, admittedly confers the legis lative power on the people. The judges hold that the case of Maize vs. the State, upon which the attorneys seemed to base much, is clearly distinguishable from this case. The decision is supported by the highest courts of Ohio, Minnesota, lowa, Pennsylvania, Massachusetts, Illinois, New Jersey, Missouri and Oregon, who hold similarly in criminal cases. Liquor legislation for sixty years past is reviewed to show that this act does only what it assumes to do, namely, regu late, restrict and control the sale of liquor. Nothing was decided as to when the law took effect, this question not entering into this case. Referring to the -Ide the court holds that because the act contained the words as stated does not by any means make it a prohibitory statute. Thev say fut ti'er: “In no Instance do the words employed to define and qualify the object or’ purpose of the law' or go further than to qualify from the act of pro cedure. The act before us is one of regulation or it is one of prohibition. It can’t be both. Shall we call it regulation or prohibition M ill an ' one dare say that if the title had been “An act to prohibit the sale of intoxicating liquor,’’ it would not be an admission? The controverted title is good. Ihi word prohibition is akin to regulated, restrict and control. Its use is of lit tie significance. To forbid the sale o liquors, deny license, the right to si on certain days, are to some exint. qualified prohibition. They regu a e by prohibiting the sale at ceitain times and to certain persons. It seems absurd under the operation of a g eral prohibitory statute enacted by general assembly but sales o 0 . as a beverage may indefiniti Ij cor «e to be lawfully made in many cou - ties of the state. It is also equa J comprehensible how a law may < solutely prohibitive and in >■ 1 viije means and plans under which sales may be continued or r< „ in any or all counties of the state. ‘We are unable to Perceive any tinction between prohibition. results from remonstrance un ci

DECATUR DAILY DEMOCRAT.

tn>-r laws, which laws have uniformly been held to be ‘regulation and prohibition arising under the act in question, when the sole exception as to the dur ation of terms of restriction, depending 1 upon petition and election, at the expiration of each bi-ennial.” “We therefore, conclude that the object and purpose of the act is regulation and not prohibition and it is not in conflict with the constitution.” The decision of the lower court is 1 affirmed. GREAT CHARACTER Gen. W. W. Dudley Died at His Home in Washi ington. k . A FORMER INDIANIAN Well Known and Lived In Indiana for Many Years. r ' Washington, De. 16. —Gen. W. W. . Dudly of Indiana, sixty-seven years old, former commissioner of pensions, L died yesterday. General Dudley had 1 been ill at his home here several r weeks. His death was the result of , Bright’s disease. General Dudley was married twice. He leave four chil--1 dren, two married daughters and two > sons. His widow survives him. Gen. Dudley was prominently connected with the widely discussed campaign ’ for the election of Gen. Harrison to t the presidency in which it was sought , in an October election to make an es- : pecially good showing in Indiana for ■ the republican party because of its effect upon the general election during , the following month. The state was divided into “blocks of five,” as the method of grouping the voters in a 1 convenient form to be reached upon ' election day, was called. A national ’ scandal resulted from this method, '■ which was said to have caused wide- ' spread corruption by the use of mon- ’ ey on the day of election. Through--1 out the Civil war Dudley served In the ’ Union army with great distinction. ’ Becoming captain of the City Grays in Richmond, Indiana, at the beginning of the war, he entered the army with his company July 4, 1861, being 1 mustered Into the Nineteenth Indiana. He took part in fifteen battles and be- ’ came colonel and brevet brigadier ’ general. At Gettysburg he lost his right leg. Afterward he served as Inspector and judge advocate until the close of hostilities.. Gen. Dudley, during the latter years of his life, practiced law in Washington, having been commissioner of pensions from 1881 to 1855. Born in Vermont in 1842 and educated in that state and in Russell’s Collegiate Institute at New Haven, Conn, Gen. Dudley removed to Indiin 1860. where he was destined to play an important part in P° litlcal affairs His earliest activity after the war was in the milling business. When the war closed he became clerk of the courts of Wayne county, and, studying law. was admitted to the bar. In issß he became treasurer of the national republican committee, which position he occupied several years. vER Y SERIOUS CONDITION. (United Press Service.) Brussells, Dec. 16, 10:15 a(Special to Daily Democrat) -King Leopold’s condition continues very se- . a Du ring the night he fainted r ° 1 times Today there have been occasional rallies, but he is growing steadily weaker. rol W. W. Dudley, formerly of ** “I Washington yesterday.

Decatur, Indiana. Thursday Evening, December 16, 1909.

A NOTED LECTURER • Is Dr. L. G. Herbert Who Comes to This City Under Auspices OF THE SENIOR CLASS Will Lecture at Presbyterian Church Wednesday, December 22. The many in this city who enjoy a good lecture will be pleased to hear that the senior class of the Decatur high school has secured Dr. L. G. Herbert, a noted lecturer, for an engagement here and that he will be here next Wednesday evening, December 22nd, the lecture to be given in the Presbyterian church, beginning at 8 o’clock. A man well qualified to judge of his abilities says: “Dr. L. G. Herbert is a man of remarkable power. In humor, pathos, depth of thought, brilliancy of expression, poetic description and impressive delivery his equal is rarely found. One thought or flash of humor follows another in rapid succession. Every moment he is on the platform there is “something doing.” He compels attention and imparts a message. Men are not only entertained but inspired and instructed. “As a man Dr. Herbert is well equipped for his work. He is a man of rugged proportions both in mind and body. His sympathies include both old and young, rich and poor. He has no prejudice against masses or the classes. He is in deepest sympathy with struggling humanity, as he has himself struggled and won his own way in the world. This makes of him a wise counsellor for young men and young women. None can hear him without being moved to higher and better and better things.” DEADATGOODLAND William Rice Passes Away Long Illness—At Age of SEVENTY-ONE YEARS Was Brother of M. F., Ben. John and David Rice— Once Lived Here. Mrs. M. F. Rice today received a telegram from her husband, who has been at Goodland several days, announcing the death of his brother, William Rice. No further particulars were given and will not be known here until Mr. Rice arrives home this evening. The brother, who was about seventy-one years of age, has been sick for some time, and a few days ago M. F. Rice was called to his bedside, where he has been since. The deceased was known to the older residents of the county, having spent his youth here. For the past thirty years or more, he has been living at Gbodland. He is a brother of M. F„ Ben, John and David Rice, Mrs. Jonas Cline, Mrs. D. C. Wagoner, of this county, and of Mrs. Mary Davy of Indianapolis. He leaves a widow and several chidren, all of whom are grown. - SOCIAL DECATUR. Doings in the Society Circle of Our City. The handkerchief and pastry sale to be conducted all day Saturday and evening, December 18th, by the Evangelical Ladies’ Aid society in the Niblick building south of this office promises to be a good place to buy your Christmas gifts and delicious homemade pastory. The Ladies’ Aid society of the German Reformed church held a very busy season at the home of Mrs. Della Reppert Wednesday afternoon and many plans for their part in the church affairs were made and carried out. The society will meet next month .with Mrs. John Christen. , t

SOON TO BE RELEASED. Frank Cotton Will Soon be Released from County Jail. Sheriff Lipkey Tuesday signed a receipt for the fees due him in the Frank Cotton case in Huntington and now if Frank figured right he will be able to get out of the Huntington county jail, where he has been for nearly a year, before Christmas. The sheriff did not have as much In fees as Cotton thought he nao and consequently it is probable that one or two other people who had fees will have to be Induced to throw them off before Frank can get out. The prisoner thought that the fees of Sheriff Lipkey would amount to fourteen dollars, which would be enough to release him from the jail before Christmas, but the sheriff discovered that the amount was only seven dollars. This will mean a week more than Cotton had figured on. Cotton is expected back to this city as soon as he completes his sentence. —Bluffton Banner. A NAVAL PROGRAM Consideration to These Ex- ■ travagant Expenditures to be Given. FIGURES TOO HIGH Fifty Thousand is Enough For the Survey of Ship Canal. Washington, Dec. 16. —Congress may i decide at this session to give careful 1 consideration to the question as to. whether the United States is overreaching itself in the building of a navy. During the last administration the legislative body sometimes voted a good deal more money for the upbuilding of the navy than it would i have voted except for the insistent influence that was brought to bear from the white house. Some persons have always believed that on one or two occasions a Japanese war scare was manufactured in order to make sure of getting through the administration’s naval program. Conditions have changed and the general talk about congress is that the time has come whe nthere should be a calm consideration of any naval program presented. The present occupant of the white house, while he believes In the general policy of bringing the navy of the United States up to a high point of efficiency, is quite willing to trust congress to do what it believes to be the right thing. In other words, the White House, will not, during this session, nor any other session while Mr. Taft is president, attempt to use a club in obtaining two battleships or any other number of fighting craft. Washington, Dec. 16.—Representative Barnhart of Indiana, who was a civil engineer at one time, has been making estimates on the bills that have been introduced by Senators Beveridge and Shively for a survey of the proposed Lake Michigan and Erie ship canal across northern Indiana and Ohio. Mr. Barnhart thinks that the two senators and the Fort Wayne people have their estimates out of all proportion to what the survey will really cost. Mr. Barnhart, confirm the, figures, has introduced a bill asking for an appropriation of only $50,0001 with which to make the survey for the ‘ proposed canal. This is just half the amount asked by the Indiana senators in their respective bills. Commenting on the discrepancy between his bill and those introduced by Senators Bev-: eridge and Shively last week, Mr., Barnhart said today: “Yes, lam asking for an appropriation of just half as much for the survey of the two proposed routes as Senator Beveridge . and Senator Shively ask for one, and I can easily show that even my estimate of the cost of survey is more than liberal. — o - ■■ - MARINES LEAVE FOR NICARAGUA. Philadelphia, Pa., Dec. 16.—(Special to Daily Democrat) —The auxiliary cruiser, Trouzier, with 710 marines and a large humber of officers, bound for Nicaragua, left the dock here today and steamed down the Delaware river, the destination being Colon, where the marines will join in an attempt to conquer Zalaya.

WEIGHT IN GOLD Is What the Adams County Porkers are Worth to Their Raisers. A FEW QUOTATIONS On What Root and Washington Township Hogs Brought Wednesday. Next to owning a gold mine in this county is owning something that is about worth its weight in gold, and that is the very enviable state in which the farmers of the couty find themselves who own a few good, oldfashioned porkers. While this may not be manifest upon general observation a visit to the shipping points in the city, on shipping days, soon gives you a good idea of the income derived from of this stock at the present time. When pork is said to be the highest in seventeen years—or since February, 1893. William Butler, one of the prominent stock shippers of the city and county, yesterday shipped another load of hogs to his Buffalo market, and they were a lot of the best of the season. H. E. Butler, a prominent farmer of Root township, contributed to the load thirty-two fine porkers, that made his purse heavier by $430.60, which ought to make Christmas at the H. E. Butler home this year a very genuine jollification. The nineteen hogs sold by another Root township stock raiser, William Christianer, squealed forth to the tune of $337.33, while the five piggies of John Meyers, one of this township’s progressive men, made an agreeable noise like the munificent sum of SIOO. And yet journals continue to argue the question as to whether it pays to farm or raise stock. HOME FROM HUNT Jospeh Tonneller and Jap Weible Arrive from Three Weeks in South. GAME WAS PLENTIFUL But the Weather Was Very Much Against the Hunters, Being too Warm. Joseph J. Tonnellier and Jap Weible arrived home Wednesday evening from three weeks in the wilds of Arkansas, where they had been enjoying a hunt. Mr. Porter and others who were with them remained for further sport. The party secured deer and a large amount of smaller game, but the weather was so warm that they could not bring any thing home and this took away some of the pleasure for it was no use to kill the game when it could not do one any good. At that they had a dandy good time and enoyed every moment of the time spent in the woods. Joo says that Mr. Porter sent homo a report, of others in the party being lost but neglected to say that he was also one of the crowd and was as much lost as anyone. The rest of the crowd may remain in the south several weeks as the weather has turned cool: enough now to make the sport better. For two or three weeks past the weather there has been very similar to our July. There is an over-abun-dance of all kinds of game in that section this year and the boys will no doubt report good success when they return. The Ladies’ Mite society of the Methodist church will meet Friday afternoon at the home of Mrs. J. W. Tyndall at a thimble social. A large attendance is desired and expected. After the entertainment Tuesday i evening the Epworth League of the Methodist church entertained the members of the Schlatter orchestra at the home of J. S. Bowers and family on First street. Refreshments were served and a very good social time enjoyed, the hospitality of the Bowers home proving most agreeable.

HIGHER COURT TO DECIDE IT. | Will Say Whether Near Bear is Intoxicating or Not, ] (United Press Service.) Sullivan, Ind., Dec. 16.—(Special to Daily Democrat) —A case of much importance over the state was today appealed from the circuit court here to the appelante court of Indiana, Attor- • ney Markwood, one of the best lawyers in this section of the state, appearing for appellee. The case is one : wherein the higher courts will be asked to determine whether or not nearbeer is Intoxicating. A man named Anderson was given a jail sentence for intoxication, it being alleged in the affidavit that he had become drunk from ( drinking near-beer. Similar cases have come up over the state, but this is the 1 iirst appeal to the higher court In tnia ’ state on the question and the result , will be anxiously awaited by many. ' , ROUSING MEETING Was That at Woodman Hall I Wednesday Evening—J. D. Volz Spoke. THE MUSIC WAS GOOD Many Applications for Large Class at Fort Wayne 1 Next Monday. Fully a hundred attended the enthusiastic meeting and entertainment given Wednesday evening at the Woodmen hall for their members and those of the Royal Neighbors and prospective candidates, and the session was one of the best held in some time. Many new applications for membership were received and the Woodmen are confident that the class which they are to take to Fort Wayne December 20th for initiation will exceed the twenty-five or thirty originally in prospect. The speaker of the evening was John Volz, state deputy, on Indianapolis, and his words were most instructive as well as interesting and inspiring. Several of the local members gave addresses and the music that interspersed the speaking was very good. Miss Victoria Stone delighted all with her whistling solos, ( she being accompanied on the piano by Miss Florence Sprunger. Tn turn, Miss Sprunger sang and Miss Stone gave a whistling accompaniment. Roy Wolford and Walter Johnson gave instrumental duets that were very pleasing and the vocal music by the Dons’ quartet was great. At the close of the meeting the Parrish case served lunch—sandwiches, pickles, doughnuts and coffee. The next event in the lodge will be the Initiation of the large class at Fort Wayne next Monday night, December 2Oth, and all are working together for the successful topping off of this affair. ■■■—■ o ■ THERMOMETERS AS UNIQUE ADS. F. V. Tague, the shoe dealer, and assistants are distributing and putting up today some souvenirs in the form of large thermometers, measuring four feet in length, and proportionately wide. These huge thermometers are painted white, with the degrees in black, and at top and bottom of the mercurial department is printed the appropriate statement, “Change of I temperature means change of footI wear: wear shoes for cool feet—-cool shoes for warm feet,” following with the Tague ad. This was originated by Miss Ada Springer, bookkeeper and clerk for the store, and is quite a novel way of advertising. The ther--1 mometers were put up at various business and manufacturing plants over the city, not forgetting Peterson, Bobo, Magley, Pleasant Mills, Preble ’ Monmouth and other villages and " towns nearby. SUPERINTENDENT RESIGNS. . y Indianapolis, Ind., Dec. is— (Special I e to Daily Democrat)-!?. D ’ Barn ®* 'I 3 perintendent of the anti-saloon eague. t for the Indianapolis district, compris- , j n g thirty-three counties in this secrltion of the state, resigned today. His resignation, it was said, was duo to friction between the two factions of the organization.

Price Two Cents

REV. OYLER DEAD Presiding Elder of the Ft. Wayne District St. Joseph Conference OF THE U. B. CHURCH Passes Away at Huntnigton —Message Received by the Rev. I. Imler. Rev. Imler, pastor of the local U. B. church, this morning received a message from Huntington, the import of which will be received with extreme sorrow by the congregation of the local church in particular, and of the United Brethren churches in general, inasmuch as it conveys the Intelligence of the death of Rev. L. O. Oyler, presiding elder of the Ft. Wayne district of the St. Joseph conference of the United Brethren church, the local church coming within jurisdiction of this district. The death of the presiding elder occurred Wednesday, December 15th, at 11:30 a. m., at his home in Huntington. He had been a sufferer for several months from Bright’s disease, and an affection of the heart and lungs. Though but for-ty-two years of age at death, his life was one of remarkable usefulness in the ministry, and one of great beauty. He is survived by the wife and two children. The Rev. Oyler was personally known to many of the county, having had charge of the quarterly meeting services at the various churches in his district. The funeral will be held at the United Brethren church at North Manchester, Indiana, Saturday, December 18th, at 12 o’clock noon. The sermon will be delivered by the Rev. G. F. Byrer. OUR SPECIAL WIRE Daily Democrat Will Furnish United Press News Over Own Wire. BEGINS WITH TODAY Connection With Many Indiana Towns and Cities as Well as World. , Desiring to keep abreast of the times of furnishing the latest and best and all the news all the time to our many hundreds of readers, the Daily Democrat today adds a new feature that makes It the most complete dally In any town of its size in the state. A special wire has been installed at this office, giving direct telephone service with one of the biggest press associations of the world, thus assuring that each day we will have all the late happenings over the state and nation. This means a service the equal of any metropolitan daily in the land. The wire was installed yesterday and the new service begins with this issue, furnishing direct communication with Muncie, Marion, Bluffton, Huntington, Wabash, Peru and Indianapolis, where they are connected with the United Press association which gathers news from all over the world. We believe and hope that this modern i and additional news service will please I our patrons. If it does, we will of 1 course appreciate it if you tell us. • —— ll T. P. A. WILL BANQUET. r Members and Their Ladies Will Partake of a Feast December 30th. (Officers of the Travelers’ Protective association, better known perhaps as the T. P- A., met Wednesday evening and decided to give a banquet to the members and their ladies. The big event, which promises to be a very pleasant, one, will occur on Thursday evening, December 30th. The Decatur lodge. Post X, has nearly fifty members and is one of the best in the state for towns this size. The banquet will be a very happy gathering of the boys.