Decatur Democrat, Volume 48, Number 41, Decatur, Adams County, 15 December 1904 — Page 2

NO ELECTION HELD Supt. Brandyberry Withdraws Resignation County Attorney Lutz Renders OpinionCounty Superintendent Brandyberry Explains. The election of a county superintendent to succeed Irvin Brandy - berry, failed to connect, as intended. The trustees and Auditor Boch met in the commissioners’ room at ten o’clock, and before the written resignation was presented, its withdrawal was asked in writing, the same being addressed to the auditor. This presented some discussion as to whether or not a resignation could be withdrawn. County Attorney Lutz was called into counsel and an adjournment taken until two o'clock. At that time he rendered a written opinion, which follows: To Abe Boch. auditor, and the several township t rustees of Adams county; Gentlemen: I beg leave to submit the following opinion upon the subject presented to me for decision this morning. Statements of facts upon which opinion is based: That on December 5, 1904, Mr. Brandyberrv tiled with the county auditor his written resignation as county superintendent of Adams county, which resignation so filed contained the provision that the same would take effect at 10 o’clock a. in., on December 8, 1904, and contained the further statement that he reserved the right to withdraw the same at any time before it was acted upon; that shortly before 10 o'clock a. m. on December 8, 1904, Mr. Brandyberry filed with said auditor his written withdrawal of said resigna tion. Opinion.—The resignation tendered by the officer in question is prospective, that is. it is to take effect at a future day. and no vacancy occurs until such time arrives. A prospective resignation may tie withdrawn any time before it is accepted. 10 Ind. 62.—Where an officer tenders his resignation to the proper person to receive it to take effect immediately, he cannot then withdraw it. 43 Ind. 107.—-In the case of McGee ex rel Axtell, which is upon the question of the resignation of i the county superintendent, the ' court says: “The time having ar-| rived nt which said resignation i duly tendered was to take effect, j no withdrawal having meantime occurred, and the school trustees having met and appointed a sue- I oessor no form >1 acceptance of resignation is necessary " Fnm this authority it would) seem that un officer may withdraw i his resignation at any time before: the date fixed in the same for its taking i ff?'Ot. In the case of Leech rsWysw. Ps Ind 570; the court; holds: That where an officer files! his to take effect at some future day the common ciun j cil of a Tsity may accept such resignation and appoint asuccessor. bven before the time fixed for taking effect of such resignation. The question here presented is not free of difficulty, but from the limited time given me in which to give an ■opinion upon this subject, I am of the opinion that in cases like the one here presented, where the resignation is conditional, that the ■officer tendering the same would have the right to withdraw such resignation before it was acted upon, and that such having been done, no vacancy now exists, and that the election of a superintendent under such circumstances would be invalid. Respectfully submitted, CLARK J LUTZ The'trustees followed the opinion rendered, and no election was held . Three candidates aspired to the : place, George H. Laughrey, Harvev Oplinger and E. S. Christen. The reason assigned by Mr. Brandyberry for the withdrawal of his

resignation, was that advice from the state supreintendent. pf public instruction, souggested ■•that -in event any one elected failed to hold the required license qualifications, the election would be contested, perhaps going through the lower and supreme courts, and that during this time he, Brandyherry, would have to serve as county superintendent. That' he was anxious to be relieved, but not in this way. The Democrat inter viewed some of the candidates, and finds that Mr. Laughrey is teaching by authority of an exemption license, although he holds a three years' high school license, neither of which make him elegible for the superintendency. Yesterday, however, he went to Portland, took the examination and now holds a three year’s county license. The validity of such a special examination is questioned by some, although the 1 ability and qualification of Mr. Laughrey is of the best. E. 8. 1 Christen is a graduate of the State 1 Normal and also bolds a three years' county license, and Harvey Oplinger holds a three years'county license. In order that the public and especially my friends may thoroughly understand my position in withdrawing my resignation yesterday, the telegram and letter that follow will afford such explanation : “Indianapolis, Ind., Dec. B.— Supt. Irvin Brandyberry, Decatur, Ind. License issued in Jay county yesterday on special examination does not in my judgment make applicant elit ible to office of county superintendent in Adams county' in election today. F. A. COTTON '' “Dec. 6, 1904. Dear Mr. Brandyberry :— I have your favor of Dec. sth, and in reply therto will say that the la w providing for the holding of a special examination is quite clear i as it seems to me. When a trustee or members of a school board desire an examination for a certain individual they should file a request with the county supreintendent who will arrange for the special examination, first giving notice of same in the local neswpaers. In view of the fact that the teacher in question holds an exemption license and is teaching on same, cause does net exist for a special examination. Yours very truly. F, A. COTTON. Supt. Irvin Biaodyberry. Decatur Ind. I have acted in good faity and upon authority and advice from the state superintendent of public instruction.. IRVIN BRANDYBERkY. NOTICE TO RURAL ROUTE PATRONSTo simplify and aid us in establishing rural free delivery of mail in the county on December 15, we earnestly solicit the aid of our paI irons in doing so. Patrons can greatly aid the office forces and carriers by having their address ■ written in full as follows: “Sami uel Jones. Rural Route No. 3, Decatur. Ind." This can be very easily accomplished by giving your address as such when you write a letter r when you give any party | your address. Patrons will eonftr a favor upon the carriers by having their mail boxes set before hand. Place them so they will be conveniently reached from the wagons. Place them as ' ' close to the worn track in the road | as possible. Avoid ditches, mud j ; holes and other conditi ns which , wi'l make it inconvenient for the carrier to serve you. Snjiervisors will conform with the law of rural service by seeing that the road over which the carriers go are kept in their best possible condition especially during the winter seasons. Patrons receiving papers will please inform the publishers of papers of their correct address, giving route number, etc., which will greatly aid you in getting your paper promptly. Thanking the patrons of the Decatur office for the strict adhearance of the above and their past 00-opsration. I beg to remain. Respectfully. A. BRITTSON. P M. Samuel Debolt, who lost a hand in a corn shredder while working on the John Sheets' farm, is still in a serious condition. The hand was amputated at the wrist by Dr. Morgan, of Dixon. Mr Debolt is ■ a well known citizen of Union j township, and his friends hope he . will soon lecover, as tue misfortune will be a severe one as it is.

A GOOD ONE ' . ■ joint Institute of Kirkland and Prebl Townships Teachers. The joint institute of Kirkland . ami Preble townships held at Disi trict No. 5, Preble township, December 10, 1904, was one of the l most enjoyable and profitable of the many that have been held in the last two years, by the two ■ townships. Each teacher came with well prepared lessons, and our i worthy Supt. Irvin Brandyberry acted as president. Both trustees, J. H. Huffman and G W. Rupright were president and took an active part, thus an unusually interesting day was spent. This was the last institute to be held with the present trustees, whose terms expire January 1. 1905, and each teacher greatly regrets to lose their helpful aid and advice which was always eo kindly given. Whereas Kirkland and Preble townships have been wonderfully blessed with good school officials, who have been most faithful in the pefomance of their respective duties, we as teachers of said townships offer the following resolutions: Be it Resolved, That by the expirant of their terms of office we as teachers of Kirkland and Preble townships lose two hearty co-workers of education. Resolved, That we as teachers of said townships express our thanks for favors shown uS during the past four years, and sincerely regret the loss of such trustworthy and efficeint officials. Be it further Resolved, That a copy of these resolutions be handed to each of our county papers for publication. Committee. Badly Burned Robert, the four-year-old son of Mr. and Mrs. John Falk, who reside just east of the city, near Setele's park, was quite badly burned Wednesday afternoon, and as a result is now confined to his bed in a serious condition. How the accident happened is best told by Mrs. Falk, who states that right after dinner she changed the little fellow’s dress and put on his heavy cloth overcoat so that he might play out doors. At two o'clock she went up stairs to do her regular housework, and did not hear her son come into the house until she heard him scream and calling for her. She at once hastened to the stairway and was horror-stricken to see her babe coming upstairs his clothes in a mass of flames. With good presence of mind she grabbed a blanket and caught the little fellow in her arms, and in this manner parity smothered the flames, proceeding in the meantime down stairs where she dashed cold water on the little fellow's clothes, putting out the remainder of the fire. She then hastily summoned her husband by telephone, and told him to get a physician and come home at once. The litle one in , the meantime was crying and stiff-, ering untold agony. Mr. Fdk j procured the services of Dr. C. S.! Clark and hurried hojne. The d e- i tor at once stripped the boy of his Mothes, the skin coming off in several place' as the clothes were j drawn from him, and immediately j j used the proper remedies, soon hav-1 j ing the little fellow bandaged up . j and feeling better. The only ■ theory that can be advanced as to ; the accident is that the little fellow came into the house and backed up close to the gas stove and his dresses which were made of light material easily caught on fire. This theory is undoubtedy the correct one. It is believed the boy will recover. Miss Dutcher, the fifteen-year-old daughter of Mr. and Mrs. George Dutcher, who reside east of this city had the misfortune at noon yesterday to break her collar bone. School had been dismissed at noon and the children were enjoying their recess by playing numerous games in which Miss Dutcher was injured, by falling while running. Several other girls fell on her, breaking her collar bone. She went home at four o'clock, staying at school all afternoon. but suffering untold agonv. She informed her parents of what had happened. I They brought her to this city and , her injuries were dressed by Dr. P. B. Thomas, who stated there ■ was nothing serious m the injury.

Commissionera Court The last work the commissioner' indulged in before adjournment was the comparison of the tieasll urer's quarterly report. The report at this quarter was unusually bulky, owing to the laige tax collections. 1 Samuel L. Kuntz withdrew his ‘ application tor a liquor license at Berne, after t e filing of a remonB stranoe to the same by J. F. Lehman and others. i : 5 Bonds were ordered sold on the 9 West Washington macadam road 1 extension, it being ascertained be r forehand that the sale of said bonds ’ would not exceed the specified four t percent, which is the limit of in- ’ aebtedness that can be incurred for ’ this purpose. The road will be one of the early spring improve- * ments. r The commissioners will meet 1 again on next Monday, when bids 5 will be opened for the furnishing of ‘ supplies for thejeounty infirmary fcr ’ another quarter I — t Another meeting or two will be ’ required during this month in order t that the board may complete the > business of the year, at which time new appropriations go into full ' force and effect. See the farce comedy “Loop the Loop” at opera house Thursday night THE DOCTOR SENT MR. HAYLAND TO COLORADO FOR HIS HEALTH Said His Life Was Saved by Vinol. People of Decatur will be interested in the recovery of Mr. Hayland, as so many of our friends are continually being sent to one health resort or another as the only means of recovery. In writing of his cure from Denver, Col., Mr. Hay land says: “I believe that Vinol, the new cod liver oil preparation, has saved my life, and I wish to mention my case, as it may be of value to others similarly affected. “I was sent to Colorado with what my doctor said would develop into tuberculosis, and was so weak I was unable to work at my profession. Since taking Vinol my ( U Oa V A K i '. erBTTS HAYI.IXD. ;appetite has returned, I sleep well, I feel very much stronger and am | sure I shall soon be restored to pei- : feet health. I cannot recommend ' Vinol too strongly, as it his done jso much for me when all other ■ medicines had failed." j A member of the firm of Smith, : Yager &• Falk, our well known | druggists, says,: “The reason Vii nol aooomplishes such remarkable results when all other tonics and emulsions of cod liver oil fail is because it contains in a concentraed form all of the healing, curative elements cf cod liver oil, actually taken from fresh cods' livers, but without oil or grease, and it does not upset the weakest stomach.” Smith, Yager & Falk also freely offer to return money paid them for Vinol in every case where it i fails to cure chronic coughs, colds, bronchial trouble*. incipient coni sumption, to make rich, red bloods, i increase the appetite, cure stomach troubles, give strength rndrenewed I vitality ot the aged, build up the tjrun down, tired and debilitated, and make the weak strong. Surely any person in Decatur - who is in need of such a remedy . should try Vinol. as it is a simple I prepaid ti m with remarkable curative p >wers and won't coW you a ;cent if it does you no good. Smith, I Yager & Falk, druggists.

Real Estate Transfers v [Reported by Decatur Abstract Company 1 William O. Miller to Andrew J. Miller, 30 acres in sec 24, Wabash township, SSOO. Abraham: to William Farlow, inlot No. 50, Berne, S6OO. Martin Reppert, to Otto Reppert, 160 acres, Kirkland township, sl. Otto Reppert to Martin Reppert, 200 acres sec 24 and 27, Preble township, sl. Anna J. Springer to Jacob A. Habegger, B‘acres sec 33, Monroe township, $1,176. Real estate transfers reported by the Decatur Abstract & Loan company are as follows: Alvaro F. Cougill to Samuel Egley, pt lot 255, 256, Geneva, consideration $3,; 00. Samuel A. M. Butcher to Mary Fogle, in lot No. 264, Geneva. $250. Ida E. Smith to Joseph Kiess, Inlots 272 and 835, Decatur, $875. Caroline Grote to C- H. C. wrote, pt se qt sec 20, Union tp, SISOO. Minnie C. Parrish to Chas E. Bohner, lot 87, Monroe, SSOO. Mary Brown to Cnas. H. Closs, 40 acres sec 16, Washington tp. $4,000. Barnabas Everettt to Mercie V. Everett, 40 acres in Blue Creek township. $3,400. John H. Smith to Jacob J. Amstutz. 4 acres, Wabash tp, $0,2200 The Red Mens lodge Wednesday chose the following officers for the ensuing year: E. M. Beavers, sachem ; John Mann, S. S.; H. B. Heller, J. S.; J. G. Smith, prophet ; A. P. Beatty, chief of records; Jacob Eady, collector of wampum ; J. D. Hale, keeper of wampum; C. J. Weaver, trustee Tom 1 Haefling, G. A. W.

...Legal Advertising... SHERIFF’S SALE. By virtue of an order of sale to me directed from the clerk of the Adams circuit court 1 will dispose at public sale to the highest bidder, for not less than two-thirds oi the appraised value thereof on Saturday, December 31st, 1904, bet ween the hours of 10 o’clock a. m. and 4 o’clock p. in. of said day. at the east door of the court house in Adams county Indiana, the rents and profits for a term not exceeding seven years, tnefollowing described leal estate to-wit: The lease and leasehold interest of the

AT PROPER PRCIES the Snow Asencycn. sen yonrferm or ctty property. It may be advertised or not. juntas von prefer. \ul WILL BE AFN ’ EX! EX*E t .vouj property is left with th- a •■» •» ♦he time listed Besides good farms in ah stare<or imrovements. ir Arka*j>us Missouri and Dako-a. we now have more than I”*'acresot Indiana farm lands for -ale in tracts ol from six to one hnnn-cd ana sixty a n -. mH, iy desi-able city properties—business and building lots in desirable location-. 1 1<* ."i " u ng lists are only a part of what we are offering for sale. New proper lies put up n the market each week. Phone 230 J. F. SNOW Decatur, Ind.

No. 330 Is a well improved " acre tract on traction line near Decatur. G«wd seven room brick house, well, cistern, orchard, etc. Il.sto. No. 366 Isa ten acres tr<ict. s»x miles east of Decatur, one mile from *>ebool. Small irame buildings, good landdrovv well. No 354 La good 25acre tract on vail route, near gravel fcfike. about four rni'esfrom Decatur. Good frame house, drove well, fruit, etc.. 950 No. 365 I- a26acre tract in northwest Preble township Laud all unde* fence ani well tiled. Good laud, in good neighborhood,' *1.350. No, 325 Is a -0 a'’re tract five wiles from Decatur in St Ma»y’s township. Sand loam soil, on good public road, name house* 51.500. j No. ->• Is a4u acre tract of well improved | land stone road near Monroe, a ’■Ullage six n il* s from » ecatur. Good soil, fenees’orel«ar t, etc.,93.2tt). No. Is a well improved 40 acres in the oil region northeast of Berne Good soil, now barn 40x60, comfortable bouse, etc.. *i.SSO. No. 315 Is a46 acre tract, situated on a public road within one and a half m»lesof Decatur Sugar tree soil, ssring water. $2,000. No. 335-6 Isa well improved 20 acre tract just southeast of Decatur on Merer 4 venue Orchard, well, cistern, good house. 63.00 U. No. 333-4 Is a55 acre tract southeast of eeatur. on the proposed traction line and stone road Good sized barn, timber, etc.. 14.500. No. 361 Isa well improved 66 acre tract on the stone road about five miles southeast of Decatur. Well fenced, drained, etc . ?5.000.

Decatur City Property

s No, 370 Is a neat four room cotteue on , Grant street: cistern, porches, etc . *475 No. A near y new story and a half reslr dence on 14th street. *475. No. 3*jo A five room cottage on Elm and 11th streets: stable, etc.. >SOO. L No 371 A six room cottage on 15th streot, near Monroe street : stable, well. etc.. No.A five room cottase on 12th street; large lot, fruit.tic . KOO. No Isa four room cottage with a cellar * on south 7th street. 1725. 1 i No. -”•* » modern five room cottage on street, nearly row. f 750. N- - Is a five room cottage on north 10th a stree*: stable fruit, etc .**‘•£s. Nc. ?7 Is a six room story and a half house * tie ir 3rd and R B. streets, s?*so. No .*• An eight room residence on Linn St., m ar Elm. **so. No >•. A comfortable seven room residence , stable, etc., on 11 th street. No. neat n <dern cottage on Mercer p Avenue,on traction line. ?I.lou. _ A Mory «nd a bait residence: three fu.. tots, on north 11th street. lUOe. 1 No ■. ■ . x room cottage on north 2nd street , »Oiend:d location. >1.425.

Phone 230 J, F. SNOW Decatur. Ind

I rospect Oil Co., in on llW( j Üb „ • ■ (state known as the Enn,.„ e , • ■ scribed to-wit: Klle uss ta7tnq® Commencing nine and three r„ I rods east of the center of sect °' lr ' lls ® township twenty-live i >.M " lw '-nt v Jfl teen <14.) east in AdatL "“’F.S® thence runnins west fifty-<hree the centre ot It. Recovery ■ u'” r,ll| s H State road: thence northtilteen rt «L U,l,i ' l - 11 ninety-six •:.«> reds, t he,,,-,' , grees east, seventy-one in, rods n ■’ llt IO section line on north side of“ ,re or tion twenty (20); thence eisl ol l ' line to a point nine ami three's .mo"'' l ' l ® rods east of the north-east -nr? ‘ ls north-west quarter ot said seS', 0 ' '® I lienee south one liundred-sixtr i Place <>f beginning, containing 5 six / 0 ' I ’’® fltty-hundrethsacres. As well « ixl .V"i-reW interest the Prospect Oil <■,, | '"'''“"la® thereon, as well asall conmi'-i,.: j!''" l <>■ p eted oil wells then on. at! ‘l"' ■ shutting, reels, ropes, pulleys, drills . ® belts, pipes, pipe lines, casing. t ut , ing outfit, lead pine, and all ot h-r hmi o l ® tools machinery, fixtures. conneS n ® supplies connected therewith or nstJ F s ® and about stid premises in tl le operating of oil welis on said land. ns ® And on failure to realize the f„n „ ® of niagment. interest and com «. t same time and place, dispose to nnhtu "fl the fee simple of said mill .-.a,,.' interest in said property eonn■ ■<■ tJ'. ’ a fl lease Taken as the property of Prospect cm J at the suit of Ottis 0 Judyetal ♦O-3 ALBERT A. Hi'TI.F.R Sheriff. TQLECTION NOTICE. The I 'gal voters of Waal, mg ton Turnk Wat o’n J ° UD,y ' lUd ‘ ana ' an ' Tuesday, December 20. 1904, between the hours prescribed t , y for holding elections, at the usual ■ boiding elections in each otti... |, r , in said Township in said Counn .. . the Hoard of Commissioners • t have ordered that tile polls , ! and an election held to taae ihc vote, , legal voters ot said Township upon the sol ject of said township aiding in n,,. rP ,,“ structlon and improvement t n„. q-, i, s'l St. Louis A Western Railroad i the amount of twenty-eight ft. .-and <| n tars 1*24.000.00) 'o be raired bv . . i IP . „ upon the taxable property of ,ai.i townsin to enable said commissioners |. auuronrim amid nate money to said i miq,anv n \.. eessors and assigns to tha' aniomn n itt tion that the Toledo. St. Louis A W es ten Railroad Company reconstruct, i.allast ln otherwise improve her railroad ai 1 risht-nf wav. tracksand side-tracks, in anti throusaid Township: such donation to be onion dill m that said Toledo. St. Louis j; Westen Railroad Company shall construct and main tain in said township a twelve ■ 12i stall roun bouse turn table, icing plant, coal dock an elevated track, coal bouse, heating plant water tank, thirty-four thousand .biJ)of« of track, side track, switches and turnouts with all the necessary connections, equit ments and appliances thereto required esti mated to cost, including the real estate oi which said improvements are located ao less than *IOO 000.00. And said improvement costing not less than t25.i00.00, the atnoun paid to said Company, its successors am assigns under the donation aforesaid am the amount so donated to be payable to sail Company its successors or assigns upon th completion of the improvement herein men tioned and upon the terms and condition and In the manner now required by law am upon the further condition that the said in, provements hereinbefore set out will In maintained by said Companv and that when ever the same shall be aba' doned or cease t< be used for such purpose the real estat upon which said improvements are made am the title thereto and b'dldir l-s ihereon sbal revert to said Township. WITNESS WHEREOF, we have hereunto set our hands and caused theses t [seal] said Board of Commissioners to M affixed this 17th day of Novembei 1904 MARTIN LAI GHLIN, i Board of DAVID OVERLING, -Commissioners,l WILLIAM MILLER, i Adams Co. Attest: Abe Boch. Auditor. SM

N0."364 is an *0 acre tract on < ■ -road and K. F. D. about four miles tr Frame bull lings, well drain n and fenced. No. 301 Is an H) acre tra ’ • travel ioid near market and school. - . 1 ■-tof 5 onroe. building-. - i aud No. 37 Is an mi tract in <•:- . M s‘ j shin in oil region, near-v l t. vbuilO" j logs, drove well, on hard. * I No. 253 Is an 80 acre tract r 11 " -.‘J 1 Monroe township; is good - !>uiiu- - some young timber. - ' < rc.. j No°':f n Isa ton acres of test ~ ; ind !’ D public r ad about mi - b Good frame buildings, fim ii . h I No. Is an 86 acre true 1 ' east of Berne. Some - - 1 ' new buildings, one half bi tNo 241 Is a Un acre tract > ' ' Be at nr. Some you ng tii frame quildimrs. nice locat No. 353 Is a93 acre tract on t !>• • - ; ' r ' f l< r ‘ ~ J M« nroe township, near tin : f house, fair orchard, good >< ! ' $7 ‘*9o _.' ■ > ,1 on No 345 Is a 119 acre tract ot i - • ;t stone road near market and - . c, 12 acres of timber, good ?7.500. No. 340 Is a good IdO acre tra " : : southeastern Adam- court.' '’". c 1 arg » new frame buildimrs. di 'e w<-* •' $11.3u0. Also fifteen other tracts that th*' do not want advertised

i No. 2% Five room co tageon south Decatur. 11.450. ■ No 206 Eight room two«tory brick re?id e ‘ C( ’ on north 2nd street. 11. xk■ i No. 249 Central location on - <i bri.K ' • j near 4th street. fI.HX). No. 290 Modern nine room r» •* 1 stable, etc.. on Marshall st ret t. No *67 Six room cottage. ’a r m lot.on we Marshall street: stable. ! No. 336 Two lots, stable and uioe roOI!: b '’“ ie i on north 3rd street, s2.’A'. No. 28S Nine room story and a l ** r, ‘" 1 on west Mai shall street f2.5‘ , No. 379 Large tot. stable ami six r "’ L tage on Morcer street. $2,000 nee oB . No. 278 Nino room two story :■ - : ‘ east Adams street.*4.2oo. ~nce<® * j No. 239 Large two story brick r-** ,K I north 2nd street. $4,600. nort h ■ j No. 362 A new eight room residence 1 3rd street: modern. 52.3C0. or ' tur and fifth streets. Call upon j for fuder description.