Decatur Daily Democrat, Volume 11, Number 105, Decatur, Adams County, 2 May 1913 — Page 1

Volume XI. Number 105.

SALOON FIGHT NEARING CLOSE Remonstrances Filed for the First and Third WardOpposing Forces Busy. A LEGAL QUESTION Thirty-six Withdrawals Filed But Withdrawn by Giving Receipt to Auditor. At 3 o’clock this afternoon, one additional name had been filed in the First, making the total 188, a majority of twenty-five and five additional in the Third, making a total of 202, and a majority of six.

The effort to keep the open saloon out of pecatur is closing today with a quiet but apparently determined es fort on the part of the anti-saloon i forces. The “wets” completed their! work last night when at 10 o’clock Attorney A. P. Beatty and Auditor T. H. Baltzell went to the auditor’s office and the former filed thirty-six withdrawals. He immediately gave the auditor a receipt therefor and took the withdrawal sheet away with him. As the two entered the court house a crowd of thirty or forty of the active workers against the saloons, who had been awaiting the filing of the withdrawals, followed them up to the door of the court house, but the door was closed and locked. When the officer and attorney reappeared, Attorneys Minton and Walters demanded that they be shown the withdrawals, and Mr. Baltzell explained that he would not let the crowd into his office at that time of night The attorneys then asked to be admitted and the auditor took them in and showed them the receipt. So far the withdrav/ils have not been made public. Mr. Beatty was out of the city today' and could not be interviewed on the subject. Mr. Minton claims the action nullifies the filing of the withdrawals and that according to a decision in the circuit court of Martin county, where he had a similar case, that they will not count. Attorney Peterson says that while he has not looked up the law proposition that his understanding that the stamping of the word “filed’’ and the date upon the document constitutes an official filing of a document arid that an attorney has a right to withdraw papers by receipting therefor. It win probably form the basis of another scrap in court. The “drys” organized themselves into a guard and patroled the court house until 12 o’clock, but no furthe.'appearance was made by the saloon men or their attorneys. At 10 o’clock this morning Attorney Walters appeared at the auditor’s office and filed the remonstrances for the First and Third wards. The First ward document consists of three sheets in which C. L. Walters is given power of attorney for 187 voters, the number necessary being but 163, making that ward as predicted yesterday, unquestionably dry. This remonstrance will appear on the docket as “W. J. Barrone et al.” The first sheet contained 71 names, the second 48, and the third 68. The result in that ward is no surprise, and was conceded from the first, even by the “wet ’ leaders.

The result 1n the Third ward Is' very close indeed, and if one-half the withdrawals are held good, the li- I censes would have to be granted. At | 10 o'cldck this morning the number filed by Mr. Walters was 198, one name being signed twice, leaving but 197, or exactly the number necessary. It was predicted that fifteen more would be secured during the day. The remonstrance will 15e entitled "F. H. Nichols et a1.,” he being the first on the list. C. L. Walters is the attorney in fact for 184, while thirteen are filed separately, having been secured after the remonstrance proper was typewiitten. One case that has attracted con siderable attention from both sides is that of R W. Eddington, who signed the card several days ago, then signed a withdrawal, and according to the papers filed, again signed the remonstrance at 6:12 this morning, the paper showing that he did so on the porch at his home, with two workers

DECATUR DAILY DEMOCRAT

as witnesses. Under the law the last act Is the one that governs. Since the result of the taking out on receipt of the withdrawals seems to make some doubt about them and since it is Impossible to state how many of the withdrawals filed were actually those of signers, it is difficult to predict what the outcome will be, and it may require some litigation to determine it. In fairness to Auditor Baltzell it I should be stated that he told those gathered about the court house last night, that be was only trying to do h<s duty as he saw it and that he would be glad to accommodate the "dry” forces by allowing them to file signers to the remonstrance until 10 o'clock tonight, thus giving the same rights to each side. At 5 o’clock all the new cards secured today will be filed and if any more are secured after that time they will be filed after hours.

COURT HOUSE NEWS Special Judge Jas. J. Moran Renders Judgment in the Fast Ditch Case. AN APPEAL IS TAKEN By the Defendants—Guardian Freeh Closes Hawk Guardianship. Special Judge James J. Moran of Portland was here this morning and ! filed and rendered judgment on his | special findings of facts and conclusions of law in the case of the Allen county commissioners vs. Arthur C. Fast et al., venued here from Allen county. This is the case in which the commissioners of Allen county are suing for the costs in the great Fast ditch case. Separate motions by the defendants, Bash and Sprankle, Bur'nett, Nicodemus and Crawford, to mod-

ify and correct certain parts of the I judgment, were overruled, and excOp,tions taken. An appeal to the supreme court was granted, and thirty days’ time given to file the SI,OOO appeal bond. The bond was filed and approved. James J. Moran of Portland assumed jurisdiction in the case of Frank M. Schirmeyer, trustee, vb. Decatur Motor Car company. Fred F, Freeh, guardian of Elta E. 'Hawk, filed final report, which was allowed, and the guardian discharged. Rudolph Schug, guardian of Jesse ' Ellenberger et al., filed inventory. Adam J. Bienz, guardian of Christena Bittner, filed showing of death of the ward, and the amount of the estate. The guardian is ordered to proceed to settle the estate. The transcrip and papers on appeal from the county commissioners'court have reached the Adams circuit court. This Is in the case of The Murray HoI tel company, application for renewal lof liquor license in the Second ward, ' which was refused by the commis--1 stoners on account of the remonstrance. This means that the fight will bethreshed out again, this time lin the circuit court D. B. Erwin filed a n/w suit on account, entitled, The Bank of Geneva vs. Thomas E. Kranor, demand $1,152.

Real estate transfers: John H. Sipe et al. to Chrlstena Buchanan, 40 acres, Blue Creek tp., $2600; Elisa Gerke et al. to Katie Knapp ,lot 63, Decatur, $1600; Nancy Ault et al. to Zacharlah T. Aspy, lots 130-131, Geneva, S6OO. employees discharged. (United Press Service) Fort Wayne, Ind., May 2—(Special to Daily Democrat)— Fifty employees of the Fort Wayne Corrugated Paper company quit work yesterday afternoon to attend the opening game of the Central Base Ball league, although the holiday had been refused them by the management. This morning the entire fifty were discharged, and they spent the morning in making a noisy demonstration in the streets and in endeavoring to induce their fellow employees to go on a strike. The factory is under control of Senator Fleming.

“DEGATUR CAN AND WILL”

Decatur, Indiana. Friday Evening, May 2, 1913.

IS NEARING CLOSE State Finishes Evidence at Noon Today—Dr. Thain Takes the Stand IN HIS OWN BEHALF Case Will Go to Jury Tomorrow Morning, it is Thought. The case of the State of Indiana vs. Dr. George Thain of Fort Wayne, is nearing the close, and it Is thought will go to the jury some time Saturday morning. The evidence of the Fort Wayne business men, relative to the doctor's reputation, which was inserted Thursday afternoon, when the state was asked to give a short vacation, was finished Thursday evening, and when court adjourned this morning, the state was again given the stand. Mrs. 'Witte, aunt of Mr. and Mrs. Marhenke; Mrs. Alma Hill, sister of the dead woman, and Dr. J. M. Miller gave testimony this morning for the state, concluding at 11:30 o'clock. Dr. Thain, the defendant, was sworn in just before adjournment to go on at the opening of the afternoon session, to give testimony in his own behalf. Unless some testimdny is needed by the state in rebuttal, the evidence will close with the defense, and it is thought the testimony will all be given to allow a portion of the arguments of | the attorneys to be given this afternoon.

DECATUR CIRCUIT. Preaching services at Washington Saturday evening, Beulah Sunday morning and Pleasant Valley, Sunday evening. KARL THOMPSON, Pastor. SETTLING CLAIM Adjuster Jones Arrived Today to Settle the Adams Claim for HORSES AND MULES Burned With Barn Yesterday—Settles for Hanover Agency, The Hanover Insurance company is making a speedy settlement of the loss occasioned by the burning of the horses and mules belonging to S. H. Adams, in the big barn which was razed to the ground yesterday morning. Mr. Jones, an independent adjuster, who was in this vicinity notified by the company of the loss yesterday, and today arrived on the scene bright and early to settle the claim.

On arrival here, Mr. Jones made a personal trip to the fertilizer plant, to which the dead bodies of the burned animals had been carted Thursday, to make a complete inspection. Mr. Adams carried |l,ooo insurance on his beasts in the Hanover company, of which Oallogly & Johnson are the local agents. ROY BATTENGERG VISITS HERE. Roy Battenberg and son, of Cincinnati are here for a few nays’ visit with, the former’s parents, Mr. and Mrs. Charles Battenberg. Roy formerly knew every man, woman and child in Decatur, and he has had great pleasure today in looking over those he met to see who was who and why? He is employed by the Atlantic & Pacific Tea company, his duties being to go into various cities where the stores are not doing the business they should and working up the trade, when he is moved somewhere else. He has lived in four different cities during the past year. This was his first visit here in fourteen years. Pennsylvania Shop Clerk Herman Hobrock this morning received a message that his wife, who is in Texas In the hope of benefiting her health, is very low. Mr. Hobrock leaves tonight for Texas.—Fort Wayne News.

IT WASN’T EASY PICKING. Adams county Fort Wayne business college students are doubtless acquainted with the one of whom the Fort Wayne Sentinel tells: "Over at one of the business colleges the other day, one of the young lady students at the typewriter was somewhat mystified by the fact that some of the letters—the o's, the a's Mid others—had a smudgy appearance on the written sheet. As every longexperienced used of any breed of type writer knows, this condition of smudge is caused by the accummulation of ink and fuzz from the ribbon upon the metal type faces and it isnecessary to brush out or pick out from the metal the obstructing accummulation. But the young lady a* . the commercial college is not longj experienced and she did not know .what was the matter. So she appeal led to the teacher. ‘I have found,’ said the teacher, ‘that a good way to clean out the leters is to take a pin and I carefully pick out the accumulation in i the open spaces of the letters.’ With a somewhat puzzled look the student returned to her taJk. She worked a long time at the cleaning process. Finally, after she had appealed to some of the other girls, she took to jthe teacher the sheet on which she had been at work. T have tried,’ she said, ’to scratch out the smudge from all the letters but it makes the paper i look frightfully disfigured.’ The teacher almost collapsed. Instead of using the pin to clean the smut from the | metal keys of the typewriter, the stu- . dent had taken it to scratch out the i smudgy letters on her paper, with the 'result, sure enough, that It was ‘frightfully disfigured.’’’ NEW CIGARETTE LAW. Boys Under 21 Years Old Must Quit “Coffin Nails.” * OnX-of the acts of the last legislature that should be of considerable Interest to boys of Decatur is the cigarette law, which makes It unlawful for any person under the age of 21 years, directly or Indirectly to re, celffe or accept for his or for the use of any other person, or to keep or own or have in his possession or to sell either as principal or agent any cigarette or cigarette paper containing nicotine, oil of hemp or any deleterious or poisonous ingredient or substance made or prepared for the purpose of being filled with tobacco for smoking or any substitute for such Cigarette paper. The act makes it unlawful for any person to misrepresent his or her age and state that he or she is over the age of 21 years in order to purchase or procure any cigarette or such cigarette paper, and a penalty of SIOO or imprisonment in the county I jail not exceeding three months, or jboth fine and imprisonment on conviction. ■■ " — ■ ■ FIGHT WILL BE MADE Against Raising of Ben Hur Insurance Rates. Mrs. Minnie Daniels and Mrs. James Bain returned Thursday evening from Indianapolis, where they represented the local Ben Hurs at the fraternal congress. A report of the meeting there will be given at the lodge this evening and all members are requested to attend. While In Indianapolis, a National Protective League was formed and a war will be made against the raising of insurance rates in this order. Representatives were present from New York, Nebraska and many states of the union and the war will be a broad spread one. c SALEM EVANGELICAL. The Rev. J. L. Buyer will preach at the North Salem Evangelical church Sunday evening, May 4. All are cordially invited to attend the service. RAN NAIL INTO HAND. Harvey Kitson, an employee of the Schafer Hardware company, met with a painful accident this morning while on duty. He was trying to fix a plow handle when he slipped and fell upon a nail that was projecting upward, running It into his hand. The injury caused him a great deal of pain at first, but medical attention was administered to It at once and he was able to be at work again. o- , 8080 CIRCUIT. Sunday services as follows: Bobo, 10:30 a. m. Clark’s Chapel, 3:00 p. m. Pleasant Mills, 8:00 p. m. J. O. HOCHSTEDLER, Pastor.

IN THE CHURCHES Rev. and Mrs. Love Attending United Brethren Institute at NORTH MANCHESTER Class Now in Retreat in Anticipation of First Communion Sunday. Rev. and Mrs. L. W. Love of the United Brethren church are at North Manchester, where they are attending a ministerial institute of this denomination. Rev. Love is listed on the program for an address. They will remain over Sunday. The regular Sunday services will be conducted here, by the Sunday school and Christian Endeavorers, and at the morning preaching hour, there will be a paper and class services hefe. At Union Chapel, there will be preaching.® In the evening at the Senior Christian Endeavor service, Prof. J. C. Tritch of the city schools will give the anniversary address on “What is Worth [While.” Much Interest is being manifested by both the clergy and laymen of ‘.he , Christian church of Indiana in the state missionary rally to be held at Lebanon, Ind., Wednesday and Thursday, May 7 and 8. A class of twenty-four boys and girls will make their first holy communion Sunday at the St. Mary’s church. The communion mass will be at 9:30 o’clock. Those who are in the I class, are now In retreat, that is they are being given special instructions by Father Wilken In order to receive this sacrament worthily, and are left by themselves to think of <he great blessing in store for them. FAST BALL GAME Scheduled for Sunday When Shamrocks Meet the Fort Wayne Badgers ON THE LOCAL FIELD Both Teams Each Won One Game Last Season and Will Fight for Blood. One of the most exciting games of base ball to be played this season will be held Sunday when the local Shamrocks meet the Fort Wayne Badgers in a game of base ball on the local field. Each of the teams won a game from each other last season and th? game Sunday will be one of the hardjest fought battles ever witnessed on the local field. Both teams have strengthened their weak places wonderfully and much spectacular playing is assured from the beginning of the game to the end. The local boys showed the effects of their hard training last Sunday when they "walked over” the former star players of the city and It is expected that a repetition. of that game will be had next Sunday. The game will be called at 2:30 prompt. TAKEN TO BRYANT. Burla! of Little Babe of Robert Edington Today. The body of the little three-year-old daughter of Mr. and Mrs. Robert Ed- j ington—little Joanna May—took place j this morning in the cemetery near. Bryant. A short service was conducted at the home on Marshall street this morning by the Rev. Ball of the Baptist church, before the funeral party left at 7 o’clock over the G. R. & I. railroad for Bryant. Another service was conducted in the Methodist church at Bryant on arrival there. ——o -> NOTICE. All members of the City Fire Department are urgently requested to be present at the meeting to be held tonight. Business of great importance is to be transacted. CHIEF.

EXCAVATION BEGUN, Julius Haugk, with his large steam shovel Is at work on the exesrvation for the basement on the lot back of the Winnes shoe store, and which is owned by Cnarles Sether. This is bar ing excavated preparatory to the erection of ♦rick building which Mr. Settler is going to put up as soon as pos- , sible. A large crowd was watching I the work of the big steam shovel this morning as it dug up the dirt and emp- ■ tied it into the wagons ready to lie hauled away. — —a « —.... , K. OF C. NOTICE. - ■ • Monday night, May 5, regular meeting. There should be a good attend,ance at this meeting as arrangements will be made for the coming initiation. There will also be very important questions to be acted on at this time. G. K. VOCATIONAL LAW

Means Big Change in Both the City and Country Schools of County. TO NAME DELEGATES County Superintendent Asked to Appoint Five to the State Convention, i Five delegates to the state convention on agriculture and country life, to be held at Indianapolis, June 3rd and 4th are to be named by County Superintendent Opliger, according to instruction received from State Superintendent The letter which gives this information also says that .the new vocational law passed by the recent legislature will Impose new duties on all school officers of the county. Beginning next September the law reI quires that agriculture and home economics be taught In the district schools and trades and domestic science in the ,city and town schools. The letter also says: “Another subject which the law will bring up to you and your county j board of education will be the appointment of an agent who is an expert in farming and it wilf be his duties to give the farmers of your county help and suggestions that they may improve their methods of farming to the end of conserving the soil and increasing the yield.” The superintendent is urged to name five delegates to the convention, he to serve as one of them,

and to urge that they attend. i The June conference will give its attention to the law as it relates to thel future development of the farming re- [ sources of Indiana. It will bring together both men and women who are even remotely interested in seeing that Indiana produces greater harvests and through these harvests adds more to the propserity of the peole of the state. The conference is Intended to awaken the people of Indiana to the. Importance of joining in a united effort in giving the new law a proper start on Its career. Any county can at : comparatively little cost avail itself of the advantages of the law, and the conference speakers, who will be men ' and women of national fame, Intend i to make it plain that it Is the duty of the people of each county to take up the law and without delay begin ? to apply it to their use. | o WILL LEASE HALE HOME. Mr. and Mrs. J. D. Hale will leave ' June 1 for Rome City, where they will spend the summer. They will lease; i their home here, ready furnished, to |Mr. and Mrs. IJarry Ward and three' daughters, who are now at Sanford, 1 Fla. The Wards will not move their' I household goods here, as they may. return to Sanford In the fall, where the climate is more agreeable to the lhealth of Mr. Ward, who is a sufferer from asthma. CUPID WIDE-AWAKE.

Cupid was wide-awake during last month. The records at the county clerk's office show that seventeen marriage licenses were issued. This is one less f*han April* of last year, but better than that month of 1911, when 'only fourteen were issued. During .March of this year, only twelve were moved by the little love-god to take ( out the necessary papers.

Price, Two Cents,

ARE 'DISCOURAGED Republicans Are Discouraged Over the Stand Made By the Democrats. FORTY - FIVE PEOPLE Including Women and Children Are Slaughtered By Mexican Rebels on Train Washington, D. C., May 2—(Special to Daily Democrat) —Discouraged by the stand of the house democrats against the amendment of the tariff bill the Republicans took drastic measures today. The lemon schedule gave the most trouble today but was announced as definitely to be settled. Tomorrow the big fight on the wool tariff will take place. Leader Underwood stated that he hoped to pass the bill by Tuesday or Wednesday of next week.

London, May 2—(Special to Daily Democrat)—A plan to burn all of the ' lumber yards in London as well as all the government buildings was charged against the six militant suffragettes ar- ■ rested in the raid upon their headquarters yesterday and who went Ito trial today. In the raid, detectives of Scotland Yard gathered much evi- ' dence in the way of diagrams of the lumber yards and buildings, location and hours of various watchmen, and similar information. ) J . • • Mexico City, May2—(Special to Dally Democrat)—According to reports which reached here today, forty-five passengers Including nine women and three children were killed yesterday when the Zapata forces dynamited a . train on the Inter Oceanic R. R, Following the explosion the rebels attacked the passengers and slaughtered them. “I will take the field myself at the proper time,” said President Huerto when informed of the deed. J I Washington, D. C„ May2—(Special to Daily Democrat)—The Republic of China has been officially recognized by the United States when a cablegram was received today from Charge de Affairs Williams of the American legation at Pekin. President Yuan Shi Kai also cabled the state department affirming the message as read in the assembly of acceptance. He expressed the appreciation and regard of himself and of his people. WANTS RAILROAD VALUES.

Interstate Commission Began Work May First. The Interstate commerce commission made tentative plans for starting the work of finding the physical valuation of railroads May 1. A board of engineers, the personnel of which will be announced later, will assist the commission in formulating the plants under which the work will (be done. The board will be compos■ed of civil engineers who have been selected from separate localities and from different lines of work and environments. In addition to the board of covil englneeds, the commission will select an advisory board of three members composed of men fully com- , petent to advise on the many questions which are to be presented to the .committee as the work proceeds. The I financial, statistical and economic problems will be undertaken by the present commission. Under the law, ithe tentative valuation reached by 'the commission must be submitted to the railroads, to the department of (justice and the governors of the tn which properties are located iand to such additional parties as the j commission may prescribe. Thirty days are to be allowed within which ( to file a protest against any such val.nation and if no protest is filed the valuation becomes final. If protest Is '. made the commission will hold hearings at which testimony will be heard and review the findings of the engineers or advisory boards.

GALLERY TICKETS TEN CENTS. The Rebekahs announce that the tickets for the gallery for the home talent play this evening at the opera ! house will be only ten cents. Those for the chairs on the ground floor are twenty-five cents. Many have been sold but there are still some. Get one. The play is “A Little Savage.”