Decatur Daily Democrat, Volume 10, Number 291, Decatur, Adams County, 7 December 1912 — Page 1

Volume X. Number 291.

AN OPINION IS SUBMITTED Attorney Lutz Tells the Legal Steps Necessary to Condemn Cemetery. THE CITY CAN DO IT By Giving Legal Notice for Removal of Graves—The County Can Give Title. For some weeks paßt there has been considerable talk concerning the Improvement of the old public cemetery and the converting of that property into a public park. Os course the first thing to do toward that end would be to ascertain the proper legal steps to be taken. Accordingly, the county attorney. Mr. C. J. Luts, was asked for an opinion and he has kindly submitted the following: December 6, 1912. Citizen's Committee: Sirs:—ln accordance with your request, I beg leave to submit the following opinion, on the vacation of cemeteries: A county may convey real estate upon which Is located a public cemetery, to an Incorporated city upon the following condiUons: 1. Order for conveyance must be made at a regular meeting of board. 2. Application In writing for such conveyance must be filed with the board of commissioners by the common council of the city. 3. Notice of such application must be given by publication in a newspaper for two weeks, the last publication to be more than twenty days before the meeting of the board. After the city has obtained title the following proceedings must be had before the cemetery can be finally vacated: 1. Five resident freeholders of such city must petition the common council to vacate cemetery 2. After petition la filed. If the council ahall find that such cemetery has fallen into neglect and disuse, that remains have been eihumed on account of such neglect, or tbst such cemetery hinders and obstructs the growth of the city, etc., such finding •hall be entered at length by such <ommon council with an order vacating such cemetery. 3. The common council shall prepare a list of names as near at can be of bodies remaining Interred In such cemetery. 4. Bust list shall be published for 2 weeks of all person* Interred, that on and after a date to be fix<d not let sthan *0 days from the last publl-, cation, that such common council will eauae such bodies to be eihumed. 3. The remains of all persona may be claimed by relatives «. All remains remaining unclaimed shall be removed and re-lnterred In. some other cemetery at cost of city and all monuments placed In proper position. 7. The title to property so convey<*l by the board of commissioner# altar tu<h cemetery bn# been vacated ahall belong to the city In f** Sectlou MM, Hunt#. IW provide* that no conveyance of real estate belonging to the county of the value of on* I house ml dollar# or more #h#ll • made without an ordinance of the county Council. Bart lon 6»oo, Burn#. iupra. provideo that the board of county com mtaaloni-r# may not aril real estate belonging to the county eirept a* pub Me auction after tW days notice and after appraisement. This provision in regard to convey ante of cemetery properties by board* of county comml#*lo»er# has ®* vrf been construed by th» higher cour'*. the act. however, was pa##cd by the ( legislature in 1»H, long b«* •age of the county council net, and my opinion this net *MI control #o far aa the same relate# to the trnn* f*r of cemetery property by the count * and that such coov«r«nrc ran be made without consent of the council and without appraisement or sale Respectfully submitted. CLARK J, U?T*. Mlag Orel e| BhoemnVer la a new, dark noted among the large number of tha Morris store's BEtIB Saturday tores

DECATUR DAILY DEMOCRAT

WILL TAKE YEAR’S REST. i Mr. and Mrs. Otto Haubold at Santa Barbara, Cal. Dr. and Mrs. P. b. Thomas are In 1 receipt of word from their daughter, Mrs. Otto Haubold, of Evanston, 111., stating that they find continued enjoyment in their location at Santa Barbara, Cal., where they have been since November tith. Mr. Haubold, wbohas • been a tireless worker for tlio Phelps Publishing company, found himself in . need of rest and a change of climate, ' and upon advice from his physician decided to take it. They are now at 1606 Grand avenue, Hawley Heights, Ca., and have a delightful place. They will be In California a year. ABOUT THE SICK Mrs. Margaret Miller Recovering from Severe Attack of Pneumonia. l WAS BROUGHT HOME ■ i Fred Thieme, Jr., is Better— Mrs. Arthur Bleeke Suffered a Relapse. Mrs. Margaret Miller, better known 1 as "Grandma” Miller, residing on the state line, wag brought home from . | Youngstown, Ohio, this week, where she had spent several weeks. She went east on a visit with her brother at that place, and also in Pennsylvania, and at Youngstown became 111 , with pneumonia. For a long time her life was despaired of, and she was un der the care of a trained nurse. Her various relatives from here were with her during much of her illness. She was accompanied home by her two daughterslnlaw, Mesdames Wilford and Harshle Miller, who were there two weeks, going to care for her and bring her home. She stood the trip ' well and Is able to sit up much of the time. Mrs. Miller Is about seventysix years of age. Her many friends I will be pleased to hear of her er*Mrs. Arthur nleeke of Union township. who was at the point of death several days ago, and grew better, suf- ■ sered a relapse and was very bad again today. Mrs. AI Hailey, formerly of this 'county, now of Port Wayne, la better. Mrs Halley was Injured recently In a fall down the flight of cellar steps. ttYmrrruefc on rage 21 THE CALLOF DEATH White Plague Claimed Mrs. Jacob D Augsburger as Victim. FUNERAL ON MONDAY — Was Thirty-four Years of Age—Husband and Three Sons Survive. — * The great "White Hague" claimed | another victory when Mrs. Jacob Aug aberger. of Unn Grove, answered the tall of death yesterday. Mrs Aug#burger, who was thirty four year* of age. had been a sufferer for the pju.t two years, and #H** •*** f * 11 ; h#rf been m a very weakened condition i Her maiden name was Gora Behindler and ahe waa a daughter of Peter g, hmdter of Ft, Wayne, i fn young womanhood she *na m#r ried to Jacob Augsburger. the heart broken husband surviving. She wa* i ,be mother of three son*, the aides about fourteen and the young#*!, but £* year# of age They are: John. < “r-ilr wa* a vnry etcrlient|( .oman and leave* besides th* aforeMl ,t relative#, many others «nd In- * * U Mond*r morning at nine o'clock, the ' ' ... *1)1 be held from th* home, i SSL W • '*• E, “ r " ! leal rburch at Linn Grove.

“DECATUR CAM AMD WILL”

Decatur, Indiana. Saturday Evening, December 7, 1912

IN THE CHURCHES Zion s Lutheran Young People Organize a New Society to Meet EVERY TWO WEEKS Pastor is President—Church Notes of General Interest to City. The young people of the Zion's Lutheran church on West Monroe street have organized and will hold meetings on Thursday evening every two weeks at the parochial school house, north of the church. The organization will be known as "The Young People's Society," and was effected with the following officers: President, Rev. H. Wehmeyer; vice president, Paul Reinking; secretary, Clara Hoknecht; treasurer, Marie Heckman. An Interesting order of events is being planned and the young people will give some splendid entertainments In the near future. The revival meetings, which have been a great blessing to the Evangelical church, will come to a close Sunday. In the morning the pastor will give a short talk to the young converts and new members on the subject, "How to Succeed In the Christian Life," followed by the reception of members and the lord's supper. Those wishing to join by letter may do so at this service. Rev. Haumgartner will speak at 7 p. m. The pastor and people are praying for a great day In Zion. A cordial Invitation la extended to the public. WERE DEFEATED Decatur Plays Fast Game to Losing Score and Comes Home Defeated. PENNVILLE TOO FAST And Locals Are Anticipating the Time When They Can Meet Again. ttoratur lost their first game! The local high school basket ball team came home defeated, when Friday night. In a fast game at Pennvllle tha Penvtile high school team won the game with a score of 37 to 24.. Playing in a low-celled room, with poor lighting, the local boys were cooaiderahly out of their element and were successfully prevented from working their signals. While Pennvllle has a very fast team It la doubtful If they could beat the locala In a room well lighted and high celled. The line up for Decatur waa: Forward#. Tyndall. Franks and Falk, Falk being substituted: center. Valid!; guards, Peterson and !<oee. For the Penvllle team: Forwards. Hammltt and Harper: renter. Smith: guards, C. and O, Thornburg. Excellent ball wo# played by both teams, the first half ending with a score of 19 to 6 In favor of Pennvllle. the second half being an S t 0 14 score, iho local# having warmed up to the proposition. A profusion of field goals waa a feature of the game, the Penvllle iwm placing fifteen, they being Smith. 4; Hammltt, 4. Harper. 7: Decatur. Falk, j. Tyndall, t; Vattcll 2; Peterson, 3 and Franks. 3. Foul goals. Decatur. 4, and Pennvllle. 7. The officials for tite gnme, were Worthman and Itucklea; time of halvea. 20 minutes, The next gnme will be played here next Friday evening, when It la thought that the locala will meet the Mttncle team Although the contract has not yet been signed It »• bellev ed that Muscle will sign up Monday The Penvllle learn will play a return engagement here on January 3rd and safe to aay, they will receive the full benefit of the local's akill Ask them _ 0 Jacob R Oraber, John C Augsberger. W. Behwartt and Andrew Mert*. prominent French township farmers, were here today on business

A REAL SANTA CLAUS J. Came to Town—Hundreds of Children Follow. A real, live Santa Claus came In ] over the G. R. & I. this afternoon and was met at the train by hundreds of children. Like the Hed Piper of Hamlin town —but with no other strain than the time-honored Christmas melody that comes down through ages from the first days of < Old Mother Goose — h gathered In his train hundreds of other little ones as he walked down the | streets to the Morris store, where ho entered the window, seated In the midst of the hundreds of toys In this gaily decorated store, he was a veritable king, who could have no more faithful subjects than the children who gazed at him all afternoon and listened to his story of what would happen “if they were good." COURT HOUSE NEWS End of Eli Steele Trial Not Yet in Sight—2B More Witnesses. SUBPOENAED TODAY Peace Bond Proceedings i Aganst Ira Baker Are Dismissed. The end of the Ell W. Steele trial Is not yet in sight The testimony of the witnesses for the defense has not yet been concluded, subpoenas for twenty-eight more wltnessea having been Issued this morning. The jurors were excused at noon today for: over the week-end and the trial will again be taken up Monday morning. The trial began last Monday morning At least two more days will be required. Emma L. Daniel, executrix of the estate of William H. Daniel, filed final report, which waa approved; special sale reported and approved, and executrix discharged. State of Indiana va. Ira Itaker. peace bond. A nolle prosequi waa filed by the pros**'utor and the defendant discharged. In the case of William Fuelling va. Ft. Wayne * Springfield Railway Co., for appointment or receiver, a report of the sale of receiver’# certificate* was filed and approved. Receiver Quinn also filed petition to give notice I io the creditors to file claims, which was sustained, and an order made ac-' cordingly. Real eatate transfers: George W., Dixon et al. to Sarah Dixon, north half of lot 457, Decatur, 11000; Levi A. Sprunger et al. to Andrew Mertx, lot 79. In the M. R. K cemetery, »12 50. The transcript and papers in the. case of Mary B. Davis va Franklin A. RmeQrk were received In the clr j cult court here from the Walla circuit court, on change of venue. GOES TO ROANOKE. Evangelist J. Bennett Will Conduct Service*. Evangelist James Hennett, who conducted a three weeks' series of meetings here at the rhrlstlan ehurch. do# \ Ing last Bunday. waa here today for a short time, leaving later for Roan oke, where he will begin another service H* left last Monday for Ghleqgo and then for bis home at Grand Itaphl*. Mich , where he visited this week. »■ — OURIAL TODAY. The st!ll>boni baby boy of Floyd, Death, who live# near RJvarre, which waa born Friday night, will he buried this afternoon at Mt. Tabor, the funeral being private Mr* Death wa« a daughter of Gepha* Melrhi of thla city, —tv INDIAN MOTORCYCLE AGENCY. The Rcbaub Dowling hardware firm, complete and up-tod*!*, ha* added to It* bualpe*#. th* agency for the Indian motorcycle, one of the fine make# on th* mnrekt Th* addang*men'a w*re mad* for this by Fred Brhaub while In Chicago

FIGHT TO FINISH Local High School Second Team Wins Fast and Fur- i ious Game Here. I OF LIBERTY CENTER , 1 Girls Win Over Alumni Team—Will Play Fort Wayne Next Friday. A fight to a finish featured the basket ball game played In this city Friday night between the second high school team of this city and the sec- | ong team of the Liberty Center high school, In which the locals came out the victor with a score of 26 to 21. The game was out of the ordinary in the fact that few tame periods were found In the progress of the game, the whole forty minutes' being of a fast and furious nature. The line-up was: Liberty CenterForwards, Itaker and noltln; center, Ware; guards, Mounsey and Merrlman; Decatur—Forwards, Neptune, jStaker and Kauffman; center. Miller; 1 guards, Merry, Gay and Archbold. The girls' game played here Friday , night, between the Decatur team and the Alumni team, resulted In another victory for the high school, the score being 41 to 4. The girls will play the Fort Wayne high school girls next Friday, the 13th. - —- GAME WITH BRYANT. A good basket ball game Is scheduled to be played here next Tuesday evening tyetween the Bryant city team nnd our local city team. ORPHAN'S HOME Os Grant County Will be Continued Instead of Closed as AT FIRST PLANNED Agreement Reached With County Commissioners to Continue. The Grant County Orphans' Home society, which, after contention over | the conduct of the orphanage at Marlon, due to adverse report# of the! | boards of children's guardians and. charities and correction, bad announced Its Intention to resign and turn all wards and property over to Grant county Dec. 7th, will continue to manage the Institution under terms of an 'agreement between the county commissioner#, the board of children'# guard (and* and the board of charities nnd correction. A *et of resolutions signed by I B ftenbow. president of the board of county commissioners: <l. A. 11. Bhldler. a member of the board of children's gnurdlans. and Mr*. I Julian Bmlth, president of the board of charities and correction, announce* that tho honesty and Integrity of the orphan’s home board has never bo-n Vailed Into question, that It la the opinion of all hoard* that too much publicity ha* been given the controversy ov*r the management of the ortdumage and that the orphans' home association la urged to reconsider It* resolution to quit th* management of th* orphanage It haa been charged during th* r*e*nt Investigation by the hoard* of rharltlea and correction and children'# guardians that too sever* , punishment had been administered to some of th* orphan rhlldren and Dial the table hoard was not at all time* nuffldMit During the contention, MU* Fleming, the matron of tha orphanage, resigned Her successor ha* not been chosen. On word from the home that 11 would be closed today, the Adama county hoard of children's guardian* removed th* thirteen rhlldren from here to th* hom* at Ifuncl* i. ■ q —— ■ "■ - ■— Many of th* township trust*** from Ad«m* county will go to Indlanapoll* next week to attend the state meet ling, December l<Hh to lltb

GIVEN A SET-BACK. Is Cupid's Aid—J. P. vs. Ministers of Evansville. Evansville, Ind., Dec. 7—Jack Grim, ‘‘first aid to cupid," has been barred from the clerk’s office in the Vanderburg county court, house. For years he has made his living by guiding young couples from the license counter to the homes of ministers who married them. The new clerk, Willinin E. Wilson, has barred Grim from the office because Grim's friends say some of the ministers whom Grim did not favor, have complained against him. Jack now haunts the hall leading to the clerk’s office, but it Is said ministers are threatening to appeal to tha county commissioners to keep him out of the building. CROSS THE DIVIDE Virgil Bernard, Five-year-old Son of Mr. and Mrs. George C. Mumma HAS PASSED AWAY Funeral of Mrs Abe Biberstein of Berne Will be Held Sunday. Virgil Bernard, aged five years, ten months and twenty-five days, little son of Mr. and Mrs. George C. Mumma of the west part of the city, passed away FYiday afternoon at 3 o'clock from an Illness occasioned by an obstruction of the bowels. The child was born January 11, 1907, and was the oldest of the two children, a sister, aged two years surviving. The little fellow was a lovable little fellow and his demise Is sadly felt. The fu--1 neral will be held Sunday afternoon at j 1:30 o'clock from the United Brethren church, in charge of the Rev. Love. The funeral of Mrs. Abe Biberateln of French township will be held Sunday morning at 9 o'clock from the home and at 10 o'clock from the De-denceb-sa Mennoulte church. Mrs. Hlbersteln, who at death was fifty seven years, ten months and twenty-three days of age, was born In French township. and lived there until death, Wed neaday, from paralysis. She was married to Michael Moser and became the mother of three children, two boys and a girl. Mr Moser died and later In August of 1693 she was married to Abraham Biberateln Nine rhlldren were born to this union, •lx boys and three girls. Besides I these she leaves thirty-four grandehlljdren and two great grandchildren. CHANGE OF TIME «aMßMßsaa***re**re ■* The Eric Makes Another Change in Running Schcdule This Week. I EFFECTIVE SUNDAY As a Whole the Trains Will i I Run Earlier Than Heretofore—New Time. Bunday. December Ith, will see th* , beginning of a n*w Urn* card on th* » Krl* railroad, the card taken aa a 1 whole showing that moat of the trains > are running slightly earlier than here ( infor*. affording better connection* 1 with train* both east and w«*t of thl* i city i The new card, which will go Into effect. la a* followsWestbound. No, 7 3os g nt No 227 II Oh a m No. 3, 1.1 up, m Eastbouad. No. 8...,............... 4:3] am, No 228................... I 38 P m No, 4...«.............«« I*ll P* 81. OYSTER BUFFER. Th* Rtar of Bethlehem again ralla i attention to th*lr oyster supper to he »*rv*d thl# evening at the O A. R hall Everybody la Invited to come

Price, Two Cents.

A STORMY PERIOD Is Scheduled for December by Rev. Hicks—Part is Here. IN THE FULFILLMENT Decided Earthquake Period from sth to 11th—Central on the Bth. Rev. Irl R. Hicks' weather prophecies for December Include storms of thunder, rain and snow, with an occasional cold wave. He says: "A reactionary storm period Is In progress as we enter December. Low barometer, much warm weather, with electrical storms will be most natural on and touching the 2nd. Rain and winter thunder will touch many sections, followed by sudden and violent change of colder —a cold wave spreading far to the south and east. "A regular storm period covers the f.th to 9th, central on the 6th. A very low barometer at this time should be regarded as positive warning of severe winter storms. These storms will cover most parts of the country, accompanied by thunder, lightning and wind, especially In the south. Hut about the new moon on the Bth look for change to bllzzardous conditions from the northwest, followed by a fierce cold wave which will penetrate far to the south and east. A decided seismic period lies from the sth to I the 11th, central on the 6th. 'A reactionary storm period Is cen- ' |tral on the 11th, 12th, and 13th. This period lies, also, at the annual crisis for magnetic storms. During a period j of ten days, central on December llth ( ,cach year, are phenomenal magnetic j and electrical perturbations, in the way of "earth currents." auroral lights, volcanic unrest and kindred disturbances. * ’ "Many such things will be reported on and near the 10th, lltb, 12th and * 13th. Rain and snow will visit wide area#, moving from west to east, during dates touching these central days. 1 At all December storm periods, watch your barometer, and should It show very low readings, prepare for vicious winter storms, and for sweeping cold waves to follow. r "A regular storm period Include! the 16th to 20th. Winter lightning r , and thunder will visit many localities on touching the 17th, and violent ' storms of rains, turning to snow and ’ high winds will prevail over land and ' sen during the 16th, 19tb, 20th and 21st. Storms and weather conditions generally will be of similar character, calling for prudence and forethought J I for man and beast. J “A reactionary storm period will bring renewed storm* of wide extent and great force on and touching tho 23rd. 21th and 25th Most parts will " ■ get a supply of snow for Christmas, before and during this period, with a cold wave rushing from west to east from about tha 24th to 27th. A seismic period extends from 2«th to 26th. central on the 23rd. Rain sleet and , snow wind up the month and year.” CONDEMNS RAILROAD. rrr 9 — | (United l*re#a Bervlcel Washington. D. C. tw 7—(Special to l»ally Democrat! Bitter condemnation of the New York. New Haven * Hartford Railroad company for neglecting to comply with the civic Inspection for the Installation of safety * device* and for not exercising greater » caution waa contained In tho Inter--1 state Commerce Commission report , today, of the Westport, Conn, wreck, whlrh occurred October 3rd and killed sixteen persona * - ■—» 1 FOR ASSAULT, (United Urea# Service! Trenton. N‘ J.. Dec. 7—(Bpeclal to Dally Democrat -After three bloodhounds had followed a scent toda? from th* acen* of where Mr* I Stella Marahall wa* murderously assaulted Tuesday, to hl« home, Bernard Wright, a negro, eighteen year# old. wa* placed under arr**t by detective#. Wright protested hi# Innocence The condition of Mr* Marshall wa* allghtly Improved today although she only regained consciousness for a few moment# ■ since the attaek, 1 . — o-" Dr. and Mr# J L C Or*nd#taff of Preble were shoppers here today.