Decatur Democrat, Volume 41, Number 24, Decatur, Adams County, 26 August 1897 — Page 4

THE DEMOCRAT KVEKY THURSDAY MORNING BY LEW G. ELLINGHAM, PUBLISHER. 11.50 PER YEAR IN ADVANCE. Entered at the Postoffice at Decatur. Indiana as Second-Class Mail Matter. OFFICIAL PAPER OF ADAMS COUNTY. POOR PRINTING POOR PROFITS. We get out a class of print ng J that is superior to the "general J run.” Good printing pays. 3 DEMOCRAT I I B f >OK AND JOB S 5 PRINTERY. S — - = THURSDAY, AUGUST 26. i 1 Government bv resolution on the [ stock company plan, is still tn vogue by cur city dads. After playing with the speculators a few days, wheat started on | the downward tread. Many people | made money and many more lost during the excitement. Hon. A. J. Stakebake of Win- ; Chester, died Monday after a linger- ■ ing illness with cancer of the stomach. He was a member of the ! Indiana General Assembly 1892 96. | That last star of hope, the Ding ■ ley tariff, hasn’t raised the wages ot a single employee to meet the advances in price of all necessary commodities they are compelled to buy. We, the only real imitation of 4 councilmen the citv ever owned, do I hereby resolve that we meet in resolution session whenever the spirit I of resolving do move us. We are it, so keep off the grass. Some of the board of trade wheat speculators in a single day made fortunes aggregating $ 100,000. Farmers who were forced by circumstances to sell their wheat at a low price, will appreciate this fact. Resolved, that it is about time to rip Paul Hooper up the small of the back Perhaps osr last effort tailed to shatter his prestige in the recommendation of a new postmaster for this city. Let’s give him a little moreh—l. The electric lights are lighted for a few days during the United Brethren conference for which the city pays Mr. Edwards the sum of 123.52. Come gentlmen, this is no way to squander money. If yon must spend it, form a “stock com pany”,” issue trust mortgage bond* and do business on the square. The council has as yet tailed to furnish the taxpayers any exhibit of Decatur’s financial s’andmg, altho one of the council members said they intended and would do so. This delay doesn’t meet the approval of the taxpayers. They want to see ■ such a report and under all existing circumstances are entitled to such a privilege. The Journal not off some stale news last week by stating that the city had purchased the electric light plant. The transfer in realiiy took place before the ordinance was passed granting the Electric Light 1 Company the franchise. 'Mcouiee they went through the formality of buying something, but that part ot the transaction was a rip-roaring farce. The city owns an electric light I plant and now the city’s indebtedness can be fairly estimated at $115,000. Os this amount $95,000 can be credited to the present “business” administration. Many of our conservative business men are wondering where the government! by stock companies, will end. The council should lay before the people an exhibit of the city’s financial standing. We understand that the council have prepared another resolution, which will be ground out in due time. Not being able to secure a verbatim copy of the original, which is locked up in the “sitey haul” safe, we are compelled to give it to you in substance only. It is as follows: “Be it resolved, that a street railway system would be a good thing, enabling us councilmen to more conveniently meet in resolution session, therefore be it resolved that an electric line be constructed upon the following route, to-wit: Commencing at the front gate of Dr. Coverdale’s residence running thence south to Mayor Quinn’s home then on the most circuitous route past the home of every councilman and the street commie sioner. The same to be paid by an inaugurated system of five cent fares, and if that proves insufficient a stock company shall be organized and trust mortgage bonds issued.”

Legal Opinion. ■To the Honorable Boa r d of Commissioners of Adams county: You have submitted to me the question as to whether or not you will be required 10meet and appoint , a successor to the present county treasurer, Daniel P. Bolds, to serve from September 6, 1897, the date of expiration of his term, until Jan uary 1, 1898, and I would answer ! the question as follow: Ou September 6, 1897, Mr. B »Ids will have served four years and under provisions of section 2 ot chapter 6 of the Constitution of the State (R. S. 1861, sec. 152) he will clearly be ineligable to serve longer. Therefore it will be necessary that some one should succeed him by appointment or o'her wise. The question is whether the board ol commi-sioners will be required to appoint a successor or whether Mr. Neuenschwauder, the treasurer-elect will have the right to qualifv and assume the duties of the office on September 6, 1897. Where the eon stitution fixes the term of an office I am ot the opinion that the legislature cannot pass au act which will extend the term of the office so as to create a vacancy. In other words if the term of Mr. Bolds expires on September 5, 1897 the legislature is prohibited by the constitution from passing a law that will cause a vacancy in the office from Sept. 5 to January 1. This is even keeping in mind the statute given the commissioners the power to appoint to fill vacancies. The legislature has no power to cause the vacancy so that it becomes necessary to appoint. The act ot 1897 reads as follow: “The term of County Treasurer shall begin on the first day of January, next following the term of the present incumbent.” If this act as applied to Adams county is valid, then it must necessarily follow that the legislature may cause a vacancy in a constitutional office for the reason that the first day of January next succeeding Mr. Bolds’ term would be January 1, 1898, and Mr. Bolds cannot serve longer than September 5, 1897. Therefore there must be a vacancy. The act of 1897 may be good as to some counties, but it certainly does not apply to Adams county. An act may be unconstitutional as applied to particular cases, but constitutional as applied to others. Douglass vs State, 31 Ind 435. Each particular county of the state, therefore, is or is not affected by the act of 1897, as the facts are in each particular county Applying the act of 1897 to this county in the light of the decision of the supreme court in the case of Howard vs The Sate, 10 Ind. 99. I am of the opinion that it has no effect whatever at this time. In case of a vacancy in the office in the future bv death, resignation or otherwise, then the provisions of that law might become operative as to ■ the time when the elected successor of the appointee «ould bej entitled to the office, but certainly not in I the present emergency. Judge Davidson in the case last cited clear ly decides that where the term of office is clearly limited by the con stitution, the legislature has no power to enact a law which, in its effect, would create a vacancy. That case ie also cited with approval in the case of Douglass vs The State supra, and also in the case of the state ex rel, Gibson vs Friedley, 135 Ind. 131. In this county there has been an unbroken line ot successions in the office of trrasurer, commencing in September of each second year for a great number of terms, and the term of a treasurer elect begins when the regular term of two years of his predeceseoa expires; and this results notwithstanding any statute which the legislature may enact on the subject. Grieble vs State ex rel, Niezer, 111 Ind. 375. It is my opinion that the act of 1897 will not in anywayeffect treasurer-elect Neuesnch wander’s right ot succession to Mr. Bolds, and be will be entitled to qualify and assume the duties of treasurer on September 6, 1897. J. F. Man’n, County Attorney.

The above is the opinion of County Attorney Mann, and is entirely difife rent from any opinion yet rend ered. In many counties the commissioners have appointed the retiring treasurers, who will serve until January 1, 1898. Others are permitted to serve without appointment. The object of the law was to adopt a specified time, and as the first of January is the close of a year’s business in the office and when new tax duplicates are turned 1 over to him, it was thought to be more satisfactory to both retiring and incoming treasurers, and everybody concerned. The commissioners have not yet acted upon the i matter. Having purcbased the electric light plant, the council members will now have to originate something else to resolute on. Byway of helping the good cause along we suggest that they order an exhibit of tbe city’s financial standing.

S. Edgar Nicholson is a candidate for congress to succeed George W. Steele He has already announced himself. The Winchester Herald is trying !to boom John W. Macy of that I place, for congress in this district | This don’t speak very friendly for Henry. The Kokomo Dispa'ch is now printed on a two revolution Miehle , newspaper press, the fastest and best press in the world. Besides j this it wears a bran new “dress” of brevier type and bears other evidence of having close relations to prosperity—not Mark Hannr prosperiiy. The Dispatch is an up-to-date newspaper, full of news and otherwise alright. “Dollar wheat” will do much for the farmer and much for the prosperity of the whole country. But if any reliance can be placed tn current reports it has already done more for men who know no advers ity. It is said that J. Pierpont Morgan has already “taken off” $700,000, Phil D Armour $350,000, Charles A. Pillsbury 5782,000, Roswell P. Flower $125,000 and John Cudahy $280,000. And none of them has raised a bushel of wheat this year.—Kokomo Dispatch. The Dingley law puts a tariff of $1 a ton on hay to protect American hay from the pauper product ot foreign countries. Under this heavy! duty Wells county hay is selling for i $4 a ton. Two years ago under the $2 Wilson tariff hay sold for sls and $lB. Is not this alone sutfie- 1 ient to show that a tariff on farmers products has nothing to do with the price? —Bluffton Banner. The Atlanta Constitution is of the opinion that the country is on the eve of the greatest democratic revival ever known in the history of the republic. All the signs and symptoms point to it. Ihe people ! have come to the end of their pa tience. The tariff monstrosity, en acted for the benefit of the trusts, is the last feather that will break the camel’s back. M e are about to witness one of those epoch-making revolts that sometimes occur in the historv of parties, and is to be on a scale commensurate with the reforms to be wrought and the wrongs to be righted. The Washington Post is classed among the so-called “sound money” journals because it has not given unqualified adhesion to the demoratie party policy of free coinage of silver at the ratio of 16 to 1. But the Post ’ is not enamored either of the ex- | clusively gold standard policy and is decided in its disapproval of the | methods of some rabid monoinetall-I is’s. Three New York papers hav ing asserted that “a silver dollar is worth but 40.13 cents” the Post savs they deliberately assert wbat is not true, for the silver dollar bearing the stamp of the United States is worth exactly 100 cents and will be received at that value by the governmet. The Poet takes the position that has been continu ously maintained in these columns, that'in view of the closing of the world’s mints to the white metal is entirely logical and inevitable that the bullion value of silver should decline. “The uses of silver,” it says, “save for money, are very limited. Like gold, silver has little intrinsic value—that it is to say, it ie susceptible of conversion into very few agents of practical utility. A man cast away upon an uninhabited island and finding there a ton of virgin silver would cheerfully exchange the whole treasure for a frying pan, a jack knife or an iron spoon. The Klondike argonauts, should they suddenly be cut off forever from intercourse with civilization, would be glad to give all their gold for an ax apiece or the means of procuring simple food. The intrinsic value of these metals is very slight. They are of no use whatever to man in a state of nature, and to organized society, outside of coinage, they stand for little more than ornament and luxury. It follows, therefore, that in closing the mints to silver the world has divested silver of nine-tenths of its utility and value. The same result would follow a similar action with reference to gold. Neither metal would be in anv serious demand or bring any considerable price if the nations should, by common consent, destroy their money attribute.” Silver bullion must be expected to depreciate in gold price so long as it remains excluded from the world’s mints, but the Post is right in declaring absurdly false the statement that the value of the stamped coin has declined, or that it can decline so long as the nation which has stamped it continues to be solvent. “The silver dollar will buy just as much now as it did ten years ago. It will buy 100 cents’ worth. These New York papers know that it will, and are striving only to confuse the ' public mind and to disseminate a i lie.”—Fort Wayne Journal.

HIST IKE RDOjn. — We need more room for our Fall and Winter Clothing- and Overcaats. We offer the following inducements to close out our entire SvOck of summer clothing and furnishing goods: During this month we will give you 20 per cent Reduction on all summer clothing, hats and furnishings. This is without a doubt the greatest inducement a buysr may look for, as it includes some of the choicest novelties of the season. In Our Tailoring Department you will find all the latest productions for fall and winter, 1897. We employ only the best skilled workmen, and can therefore give better results in fit and workmanship. we guarantee every garment that leaves our shop. Respectfully, P. ttoltholise Go.

TO NON-RESIDENTS. The state ot Indiana, county of Adams, ss. In the Adams circuit court. September term. 1897. Union Central Life Insurance Company, a corporation, vs William E. Martz, Versa E. Martz, Rocellus Martz. !• No. 5,533. W. A. Wolfe, whose j On note and to forecbristian name is un- i close mortgage. 11,250 known. H. Wassenberg, whose cnristian name is un- I known, et al. J It appearing from affidavit filed in the above entitled cause, that William E. Martz. Versa E. Martz. Rocellus Martz, W. A. Wolfe, whose Christian name is unknown, H Wassenberg, whose Christian name is unknown, et al. of the above named defendants are non-residents of the state ot Indiana. Notice is therefore hereby given the said William E Martz. Veisa E. Martz, Rocellus Martz, W. A. Wolfe, whose christen name is unknown. H. Wassenberg, whose christen name is unknown, et al. that they be and appear before the Hon. Judge of the Adams circuit court on the 19th day of October. 1597. the same being the 3Sth luridicial day ol the next regular term thereof, to be holden at the court house in the city of Decatur, commencing on Monday, the sixth day of September, A. D. 1897. and plead by answer or demur to said complaint, or the same will be heard and detern.ined in their absence. Witness, my name, and the seal of said court hereto affixed, this 25th day of August, 1897. L JOHN H. LENHART. Clrkk. J By E. Burt Lenhart. Deputy. 3-24 Mann & Beatty. Attorneys for;Plaintiff /'X, Erie Uines in effect June ' ‘*lll I **T / 27. 1897 ■ Trains leave Decatur as follows: WEST. No. 5. vestibule limited, dally for i Chicago < 12:33 p. m No. 3. Pacific express, daily for I Chicago f 1:48 a. m No. 1. express, daily except Sun- ( day for Chicago f 10:43 a. tn No. 31. local, aaily except Sun- i day f 10:10 a. tn No 13. Wells Fargo Limited Ex-) press, dally except Monday > 6:15 p. m. and day after legal holiday ) EAST No. 8. vestibule limited, dally for I New York and Boston ( 7:57 No. 2. express, daily except Sun- I day for New York C 2:01 p. m No. 12. express, daily for New i York f 1:30 a. m No. 30. local, dally except Sun- ‘ day f 10:10 a. m Through coaches and sleeping cars to New York and Boston T ral ns 1 and 2 stop at all stations on the E. Division. Train No. 12 carries through sleeping cars to Columbus, Circleville. Chillicothe. Waverly. Portsmouth. Ironton, and Kenova, via Columbus, Hocking Vaiiey & Toledo, and Norfolk t Western lines J W. DeLong. Agent The G. R. fit I, (Effect June 20.1897.) TRAINS NORTH. •No. 3. tNo.S. »No.l. Richmond 11:05 am 9.06 pm 5:00 pm Parry 11:12 “ 5:05 “ Chester 5:10 Fountain City. 11:27 “ 5:20 “ Johnson 11:37 “ 6:30 “ Lynn 11:42 “ 5:35 “ Snow Hill 11:48 “ 5:41 •• I Woods 11:50 “ 5:43 •• Winchester. ... 12:00 “ 9:43 pm 5:53 •• Stone 12:10 pm 6:03 “ Ridgeville 12;19 “ 958 pm 6:12 •• Collet 12:32 “ 6:26 •• Portland 12:42 “ 10:16 pm 6:30 “ Jay “ 6:46 « Briant 12:59 “ 6:52 “ Geneva 1:07 “ 7:01 “ Ceylon 7:03 “ Berne 1:18 “ 7:11 “ Monroe 1:32 “ 7-23 “ DECATUR 1:45 “ 11:01pm 7:34 “ Monmouth 1:52 7:40 •• Williams 2:01 “ 7:50 “ Hoagland 2:06 “ 7:56 •< Adams 8:12 • Fort Wayne.... 2:35 “ 11:40 pm 8:25 “ * •Daily, except Sunday. +Dally. TRAINS SOUTH ‘No. 2. +No. 4. tNo. 42. Fort Wayne.... 12:35 p m 2:soam 5:45 am Adams 5:58 Hoagland 1:00 “ 6:13 “• Williams 1:05 “ 6:18 Monmouth 1:13 “ 6-24 “ DECATUR.... 1:19 “ 3:27 “ 6 30 “ Monroe 1:32 “ 6:42 “ Berne 1:44 “ 6:54 *• Ceylon 7:01 Geneva 1:53 “ 7 03 •• Briant 2:00 “ fljg •• Jay 7:18 •• Portland 2:14 “ 4:09 “ 7-27 " Collett 2:23 “ j'-sn » Ridgeville... . 2:35 “ 4:27 “ 7-50 • Stone Winchester.... 2:50 “ 4:44 “ 8-09 “ Woods 8*22 •< Snow Hill 8*25 • Lynn 3:06 “ 8-32 • Johnson 3:11 “ 8-38 “ Fountain City. 3:20 •• s'-io •> Chester . J:” .. Parry jl™ « Richmond 3:40 “ 5:35 •• 9-15 •• Dally. tDally ex Sundav. ’Dally exept •Saturday from Mackinac City. p J err Bhtbon, Agent C.L L XTKWOOD. Gen. Pas Agent.

THEY ARE HERE. Our new Fall stock of Piece Goods has arrived, and we have the Nobbiest line in the city. We guarantee a fit, at prices to suit the times. Leave your order for a suit NOW. We make repairing a Specialty. Ehinger & Meyers, MERCHANT TAILORS. First door west of Bowers’ hardware store. JAMES K. NIBLtt THE. GROCER. Can supply you with all kinds of Staple ’ t be and Fancy Groceries, and the prices can discounted any place at any time. Goo- 3 e livered promptly to all parts of the city. Call and see us and permit us to place y° upon our list of regular customers. James K, Niblick. Donovan & Bremerkamp’s Old Stand.