Decatur Democrat, Volume 41, Number 40, Decatur, Adams County, 16 December 1897 — Page 3

"" o bmii«» k “ sustained. | f Vaughn Deeldea that Edwards , Jullg a Cauae of Action. Trt<l?e Vaughn has sustained a demurrer in the ease of J. D Ed rds the city council and city *' e y of Decatur in the electric * . t case now in court. Thedecis'lg 9 tioWßthat Edwards has cau-e ; faction agdnstthe city, but hold* Li Beatty & Mann, who advised : hecouneil, are nut liable to Mr. ' Ffwards. This is practical y one f t he first decisions m the state on L phase of the suit. The opinion in full is » s follows: “Tbits is an avion brought by fte plaintiff against the individual metnhers of the municipal corporation of Decatur, in which it isaver red in the complaint that they ma ijciou-ly cut down and destroyed certain poles and wires used on the public streets as a part of an elec rric light system, to plaintiff’s dam Lein the sum of $15,000. The special answei admits the act, but seek- to avoid and justify what it did by certain proceedings and resolutions of the common council, which resolutions in substance deeLred that the contract existing between plaintiff and the city council bad expired, and that plaintiff Edwards be notified to remove all poles from the streets and al'eys of said city within fifteen days from the date of receiving the notice; or o O failure to do so the city authorities would remove the poles, wires au d lamps immediately thereafter. It is further alleged that said uotite was served on plaintiff. That the time expired, and plaintiff failed o remove the poles etc That the city council met and passed a resolution directing the marshal to employ a force of men to remove the poles, wires and lamps, by removing the lamps and cutting down the poles, doing as little damage as possible. It is admitted that this resolution was enforced, but without malice, doing as little damage as was possible. The counsel foi the defendants contend that in-as-mucb as the city has exclusive con trol over its streets and alleys, that their action was within the scope oftheir authority, and justifiable. It is not contended that this plant was a nuisance. A city coir cil bas power to abate a nuisance. The city council did not declare this plant and its poles and wires «o be a nuisance and they could not even by a mere declaration that it was one, subject it to removd in the manner in which it was done. The question here involved is, can the city council summarily order its destruct on as is here in que-tion oi i s remova 1 , in a manner that necessarily involves its destruction witbout notice and a judical hearing. It is fundamental that no person can be deprived of any article that is recognized by the law as property without a judicial hearing after due notice. No degree of misconduct or wrong can justify the forfeiture of the propery of a ctiien, except inpursuauce of some judicial proceedure of which the owner shall have due notice and in which he shall have the opportunity to contest the ground upon which the forfeiture is claimed. 124 Ind. 308 p. 312. 70 Mo 152. 8 American & Eng. Encyc. of Law, p 1,081. A legislative act, or an ordinance of a city which au'horizes an officer without notice to the owner or even the semblance of a judicial investigation, to seize and destroy the property of a citiz n cannot be questioned under a constitution which declares that “No State shall deprive a person of life liberty or nroperty without due process of law.” Due process of law means, “Brought into court to answer according to law.” “In Cooley’s Const. Limitations, P- 362, the learned author says,

‘‘Nor can a party by his miscon ■duct bo forfeit a right that it may betaken from him without judicial proceedings in which the forfeiture shall be declared in due form.’ Forfeiture of riehts and property cannot be adjudged by legislative act, and a destruction <>f property, without a judicial hearing after no tice would be void, as not being dne process of law. ( 'ln Wynehamer v. People, 13 Y-Y. 278, the court says, “The ‘due process of law,’must be un ber-tood to mean that no person shall be deprived of any form of governmental acion, of either life, liberty or property, except as the consequences of some judicial pro ceedings appropriately and legally conducted.” There is no pretense in this case that any judicial proceedings were ever had or notice g'Ven to plaintiff to even appear in court and show cause why he should not remove the property in Question, if it f,e conceded that be plaintiff was a tresspasser on 'be streets, the city council of De?tur had a legal remedy against lm , and he could have been made 0 respond in damages for any unlwful possession of the streets by 18 plant. For every wrongful act

nhim7ff> g a reraedy ’ If the plaintiff’s property was on the streets unlawfully, the city’s rem • y was an action in the courts, father than a destruction of the Property. The-plaintiffs demurrer to the joint answer of defendants will be sustained.

Ihe demurrer to the jointand sen- t arate answers of Mann & Beatty, f attorneys tor the city of Decatur, t presents rather a novel question and one which the courts are not often called upon to pass. Thisdeniurrer was not discussed by coun- c cil, or authorities cited. The ans- 5 wer alleges that the defendant, I Mann, is the city attorney, and ' thatßeat'yis associated with him ! in the general practice of law < That all connections they had in 8 the matter under consideration f was in giving legal advice to the 1 city council, and that they acted in 1 good faith without malice in their 1 action as legal advisors of the ■ council. An attorney is not liable ( with his client in a joint action of ! trespass, unless it can be shown * that he has gone beyond the strict J line <>f his du y. So long as he acts 1 strictly in the execution of the du- ( ties of his profession, and does not f actually participate in the commis- I sion of the trespass, he is not lia- : ble. While he acts merely in his ; character of attorney making use , of the process of law to enforce his client’s demand however groundless and vexatious it may be, he is not amendable to suit on an action, brought by a third person than himself and client —6l Amer. Dec. 83, 10 Wend 358. The demurrer admits the facts to be i rue as alleged in this answer, and the court holds that the facts pleaded would constitute a valid defense. The plaintiff’s demurrer to the joint answer of Mann & Beatty is overruled Edwin C. Vaughn, Judge. Robbed the Grate. A startling incident of which Mr. John Oliver of Philadelphia, was the subject, is narrated by him as follows: “I was in a most dreadful condition. My skin was almost yellow, eves sunken, tongue coated, pain continually in back and sides, no appetite —gradually growing weaker day by day. Three physicians had given me up. Fortunately, a friend advised “Electric Bitters,” and to my great joy and surprise, the first bottie made a decided improvement. I continued their use for three weeke, and am now a well man. I know they saved my lite, and robbed the grave of another victim.” No one should fail to try them. Only 50 cents per bottle at Page Blackburn’s drug store. The farmer i» getting gold for his wheat now, yell the gold maniacs Certainly, certainly, what of it? Whv, he is getting the gold dollars. Well, there is not a thing that the gold dollar can do, will do or ever did do that a silver dollar cannot do, will do and has always done. What are you creating so much noise and fury about? Besides, if we had free coinage of silver now, the farmer would be getting at least three dollars for two he is getting now, and that old dollar of our daddies would pay as much taxes, and interest, and as much mortgages as ever a gold dollar would. What the farmer wants is more dollars, and it matters not to him whether they be gold, silver or legal tender. —Ohio Patriot. The Discovery of the Day. Aug. J. Bogel, the leading drug gist of Shreveport, La., says: “Dr. King’s New Discovery is the only thing tba' cures my cough, and it is 1 the nest seller I have.” J. F. Campbell, merchant of Sifford, Ariz., writes: “Dr. King’s New Discovery ts all that is claimed for it; it never fails, and is a sure cure for consumption coughs and colds. I can not say enough for ns merits. Or ■ King’s New Discovery tor consumption, coughs and colds, is not an experiment. It has been trie ' for a quarter of a century, and today stands at the hea ?- 1 t t t . Dev ® r d.sappotnts. Free trial bottles at ; Page Blackburn’s drug store. ; For all kinds of woodworkng. « sucb as dressing lumber, flooding siding, moulding frames and all , kinds of brackets, balusters, New r ell posts, porchcolumns and tan s for all purposes, go to I. Kirsch ; Planing Mills I also manufacture washing machines known as the Decatur Washer. When in need , O s a good washer come to my sac- . torv and save a few dollars on a , machine. I have a feed mil and i grind all kinds of feed and WIU ® . running mid every day. lalso i have the agency for the Baker Gal t vanized Steel Wind Mills and can i sell you the best wind engine made. gLe and get prices before buying. t Reep’t, P. Kiksch. s Factory N. 3d st. _ rnrfl Constipation Forever.

HOW TO FIND OUT. Fill a bottle or common glass with a urine and let it stand twamr-fWir = hours; a sediment or settling indicates an unhealthy condition of the kidneys. When urine Bluing linen it is evidence of kidney trouble, Too frequent desire to urinate or pain in the back, is also convincing proof that the kidneys and bladder are out of order. WH IT TO DO, There is comfort in the knowledge so often expressed, that Dr. Kilmer’s Swamp-Root, the great kidney remedy fulfils every wish in relieving pain in the back, kidneys, liver, bladder and every part of the urinary passages. It corrects inability to hold urine and scalding pain in passing it, or bad effects following use of liquor, wine or beer, and overcomes that unpleasant necessity of being compelled to get up many times during the night to urinate. The mild and the extraordinary effect of Swamp-Root is soon realized. It stands the highest for its wonderful cures of the most distressing cases. If you need a medicine you should have the best. Sold by druggists, price fifty cents and one dollar. You may have a sample bottle and pamphlet both sent free by mail. Mention Decatur Democrat and send your address to Dr. Kilmer & Co., Binghampton, N. Y. The proprietors of this paper guarantee the genuineness of this offer. EVERY SATURDAY TOURIST SLEEPING CAR ROUTE TO CALIFORNIA. Commencing next Saturday night, and continuing every Saturday night thereafter, Midland Route tourist cars en route to Colorado, Utah and California will leave the Chicago Union Passenger Station of the Chicago, Milwaukee & St. Paul Railway at 10 o'clock, running over the Chicago and Omaha Short Line to Omaha, thence via Lincoln, Neb., Colorado Springs and Leadville, Colo., Salt Lake City and Ogden, Utah, Reno, Nevada, and Sacramento, Cal., arriving at San Franciso, at 8:45 p. m. Wednesday. As will be noticed this route is Midland through Northern Illinois, lowa, Nebraska, Kansas, Colorado, (through the heart of the Rockies,) Utah, Nevada and California, affording a perfect panoramic view of prairie, mountain and coast scenery. These popular every Saturday Califor ma excursions for both first and secondclass passengers (not foreign emigrants; are •‘personally conducted” by intelli , gent, competent and courteous “couriers” who will attend to the wants of all passengers en route. This is an entirely new feature in sleeping car ser- ■ vice and will be greatly appreciated by I families or parties of friends traveling , together, or by ladies traveling alone. , Particular attention is paid to the care ’ of children who usually get weary on a long journey. . Remember that the Midland Route Tourist Cars are sleeping cars and are > supplied with all the accessories necessary to make the journey comfortable j and pleasant, and the sleeping berth ' rate is but $6.00 (for two persons) from Chicago to California. Ask the nearest ticket agent for a j tourist car “folder,” giving complete f information about the Midland Route, or address “Eastern Manager Midland ’ Route,” No. 95 Adams street, Chicago. , 111., or Robt. C. Jones, Traveling Passenger Agent, C.. M. & St. P. Ry., 40 1 Carew Building, Cincinnati, Ohio. 9 P. S —Berth reservations are made t in the order received up to each Saturday morning. First come, first r ’ served. 30 8 Special excursion rates via Southern Railway —Home seekers’ and settlers’ tickets, on sale December 7 and 21, via Southern Railway to points south. A „ reat system of rai 1 ways through a great • country. Also winter excursion tickets 1 to Florida and other southern resorts, s sold daily, via Louisville, Kentucky, or ' Cincinnati, Ohio, in connection with ’ Southern R diway and Q & C. Route. 7 Write for information to C. A. Baird. r travelling passenger agent, Louisville, ’ Kentucky,; J C. Beam, N W. passen--1 ger agent, 85 Adams St., Chicago, Illi nois.; A Whedon, passenger and ticket ' agent. 216 Fourth Avenue, Louisville, ’ Kentucky. i- Everybody Says so. r Cascarets Candy Cathartic, the most wonderful medical discovery of the age, pleast ant and refreshing to the taste, act gently and positively on kidneys, liver and bowels, cleansing the entire system, dispel colds, cure headache, fever, habitual constipation . and biliousness. Please buy and try a box of C. C. C. to-day; 10, 25, 50 cents. Sold and - guaranteed to cure by all druggists. Home Seeker’s Kxcursion via the Chicago A Erie. 9 Homeseekers tickets will be sold Nov. e 2 and 16 and Dec. 7 and 21 to points in „ northwest, west, and south and southj west at one fare for round trip, plus two dollars. For full information call 1 or address J. W. DeLong, ag’t. 1 Rheumatism l ured In a Day. 8 “Mystic Cure” for Rheumatism and 3 Neuralgia radically cures in 1 to 3 days. Its action upon the system is re 1 markable and mysterious. It removes at once the cause and the disease im ‘ mediately disappears. The first dose greatly benefits. 75 cents. Sold by Smith & Callow druggists. Decatur. s'o-To-Jm for Fifty Cents. Guaranteed tobacco habit cure, makes weak ’ men “Xg, blood pure. 50c, »1. All druggists.

I I fL. YAGER, i B ================== | I Thp P niw [m ip Hpnlpr ! | lib Ulbb ill iloUml | of Decatur, has the latest designs and most extensive stock ever displayed in the city. Among the many things to ® g be seen there is I ■ | _ F riday Goods, I II i Pictures, 1 g 1 Mahogany and Oak I | I Center Tables, 1 P \\( China Closets, Book Cases, || £ Fancy Parlor Goods, || |j | Rockers, Leather Couches, || J Jardoniere Stands, || || j Easels, Screens and || | | Music Cabinets, || || I of all styles and prices. || i « | I YOU WILL MISS SOMETHING GOOD 1 TC If you don’t look at our Holiday Goods. We can please you and at the same time save you money. || | YAGER. I || Opposite Court House, Decatur, Indiana. || "f 1 ”™""""’' " ■"■■"g-

MORTGAGE LOANS Money Loaned on Favorable Terms LOW RATE OF INTEREST Privelege of Partial Payments. Abstracts of Title Carefully Prepared F. M. SCHIRMEYER, Cor. 2d and Madison Sts. DECATUR, IND. AGENTS WANTED ....TO SELL.... “OUR NATIVE HERBS" The Great Blood Purifier and Liver Regulator 200 Day's treatment SI.OO. Containing a Registered Guarantee. 32-page Book and Testimonials. FREE. S< nt by mail, postage paid. THE ALONZO O. BLISS €O. WASHINGTON, D. C. Not Sold by Druggist.. Look Out FOR THE nv Vi pp nr IO A Uv bblIU , The woods are full of them. DAN. F. BOLDS, Tmsib.

t^^E3^S^£2t^Ss3te^£3t?^^2t3<^sa \ THE PLACE t w $ 4 TO BUY YOUR J * W 4 $4 I Holiday Goods | $ M to IS AT THE $ $ $ i n nm ii sb 1 H * $ —+ 4 $ $ W The finest Holiday stock ever dis- 4; $ played in the city will, as usual, be J 4! found at our store. We are crowded 4 to the garret with a full and com--4 plete line of (4j 4 4 Albums, Toilet Cases, 4 + 4 | Celluloid Novelties, | | Doll Babies, Books, Lamps, $ Fine Medallion Pictures, + 4 > Tueserberg Statuary, 4 v*t ftlO to and everything else C* . n ' 4 4 mortal man can think of. n $ Remember we have the largest stock 4i ever displayed in the city, and our $ prices are the lowest. w | Smith & Callow. * ,.w