Decatur Democrat, Volume 50, Number 38, Decatur, Adams County, 22 November 1906 — Page 2

TEASING HIS FELLOW CITIZENS Makes an Imitation Log Cabin Out of His Former Saloon and Advertises Geneva Merchants. “The fools are not all dead,” was said yesterday by many when they saw the front of Sam Kuntz’s former saloon. —Berne Witness. ' Sam Kutnz of Berne, since the election, is having considerable amusement at the expense of the other citizens of that thriving little town, and has them all figuring how to put a stop to his actions. For some time past, Kuntz has been quite sore at the citizens of Berne who were the cause of having his liquor license revoked and who virtually put him out of business and caused him to close up his saloon and since that time he has taken every advantage to pester and torment his fellow townsmen. Immediately after the election, Sam journeyed to the lumber yard and had them turn out a large number of slabs which he had delivered to his business place. He then secured the aid of several carpenters and proceeded to decorate the front of his business room in the style of a log cabin. After the work was completed he engaged a painter and had the names of the defeated candidates painted on the slabs, and then had several large signs painted informing the people that the best place to purchase goods was at Geneva. In fact, he advertised the business men of Genera to perfection. The structure is an odd one and immediately attracts the attention of anyone who passes by and the consequences are that Geneva gets the advertisement. The Berne business men have asked Mr. Kuntz to remove the structure, but beds obstinate, and says it will remain there until he is ready to move at, which may be for some time to come. The question that is now agitating all Berne people is how can they force Sam to remove this structure that is booming Geneva. o FROM OLD AND NEW OFFICERS His Opinion of Yesterday Effects Only the Judges—not Other County Officials. INDIANAPOLIS, Nov. 16. —Attorney General Miller’s office was flooded today with inquiries from the present and prospective county office holders, ‘auditors, assessors, recorders, etc., all queries being directed to ascertain if the attorney general’s opinion given yesterday concerning judges applies to other county officers. Office holders, present and prospective, were put in a flurry yesterday by the incorrect report of the attorney general’s opinion, published in an Indianapolis paper. To remove all doubt Attorney General Miller today wrote out the following concise statement: “Yesterday’s opinion did not refer to the act of 1897, which governs the time when county treasurers take their office. Neither did the opinloA of yesterday refer to the act of 1901, which fixes the time when the auditor, sheriff, recorder, prosecuting attorney, assessor, coroner, surveyor and commissioners shall take office. These acts'are valid and existing laws and fix the time when such officers shall take office on the first day of January, next succeeding the expiration of the term of the present incumbents. My opinion of November 15, 1906, was merely supplemental to the opinion given November 12, 1906, to the Secretary of State.”

GRAND JURY TO MEET ALSO A Marriage License Issued—Dallas Butler to Serve as Deputy Sheriff Under Eli Meyer. A marriage license has been issued to Lawrence W. Gross, aged twenty- ■ five, and Katie Schafer, aged twentysix, both of Ceylon. Dallas Butler, the present deputy sheriff, will serve in a similar capacity under Eli Meyer, sheriff-elect. He is a capable officer, knows his duties well, is fearless and will no doubt prove a valueable assistant. Mr. Mey- | ers begins his duties January first, next. — o L. HEATH FARM WAS SOLD TODAY The Mary M. Heath farm, known as the old Jackson farm, containing sev-enty-two acres, and located in St. Marys township, was sold at the east door of the court house at two o’clock thi safternoon by Dore B. Erwin, commissioner. Dr. D. D. Clark bought the farm fbr‘s4,ooo. It was appraised < at $5,000. kN • ■

SUIT AGAINST JOE MEINERDING The First of Several Expected Damage Case* is Filed. Another chapter in the explosion that wrought havoc in the little town of Fort Recovery a few weeks ago was added Wednesday when Jeanette filed a damage suit in the Mercer county court at Celina, demanding $1,700 damages of J. A. Meinerding. It was in Meinerding’s hardware store, it will be remembered, that the explosion of dynamite occurred that resulted in five deaths and a complete wreck of the business section of the town. This and other suits for damages have been expected. o THE GROWTH OF THIS CONCERN Has Been Wonderful—Some New Rules to be Rigidly Enforced Now. The new directories for the Citizens’ Telephone Company were delivered today and will be distributed to the various patrons of the office next week. The book contains beside the local directory, a complete rural line directory, covering the entire farming community about here, also toll stations at Monroe, Geneva, Linn Grove, Preble, Sheldon, Magley, Williams, Peterson, Hoigland, Poe and Pleasant Mills and also a list of the towns and cities reached by the National Interstate Telephone Association. There are now nearly six hundred phones in use in this city and the service is being improved by the company each day. With the installation of these new directories, the following rules will be rigidly enforced: Afways call by number, not name; operators will not put up connections unless this rule is observed. In giving the number to the operator repeat each figure separately, thus: “1-5-7.” When through talking be sure to ring off. If you wish to make several calls in succession inform the operator in advance; she will then consider your ring off as a new call. Always replace the receiver on the hook when through talking; otherwise Central will not be able to call you. Failure to do so also ruins the battery in your telephone. ' Telephone calls should be answered promptly, the subscriber at the other end of the line is waiting and the, operator is blamed for the delay. Report all trouble to the chief operator, telephoen number 148. If trou-. ble is not attended to promptly, report to the manager’s office. ’ - -o—l WHEN JUDGES TAKE UP DUTIES Holds Law of 1903 Unconstitutional and Says Present Judges Quit When Their Terms Expire. INDIANAPOLIS, Nov. 15. —Attorney General Miller today gave a complete opinion on when judges take their office. The law of 1903 which was held invalid by the Supreme Court .caused the question to be raised. The attorney general in today’s opinion concludes: “I therefore adhere to my former opiinon of November 12, 1904, and add the foregoing as supplemental. reason therefor. In his former opinion the attorney general held that the following decision of the Supreme Court holding that the law was unconstitutional and from an examination of the act itself, I reached the conclusion that there was no law specifically fixing the time when judges of the circuit and criminal courts should take their offices. On the other hand, they should take their offices at the expiration of the terms of the present incumbents, which in most cases will be immediately after the election. After citing that the Supreme court held that a provision of the act of 1903 was unconstitutional and that it be found that other parts of the act except that provision, are constitutional, Attorney General Miller declares that it would be impossible to construe the remainder of the act unconstitutional, since the proviso itself is a part of the sustaining force of the entire plan and therefore the entire section one of the acts is void. The opinion has a far reaching effect in this county. It puts Judge Fremont Alford out of business as judge and places his successor, James A. Pritchard on the bench. The latter is credited with being a close friend of Bookwaiter. Almost every county in the State is affected by the opinion and Secretary of State Sims will immediate issue certificates of election accordingly. According to the above decision, Judge J. T. Merryman will succeed Judge Erwin next November, instead of January 1. 1908, as has been contended by some. O>— —— — Henry Koenneman made a business trip to Hoagland this morning.

TO BE TAKEN HOME AT ONCE Believed by His Friends and the Publie That He Will Never be Tried Again. INDIANAPOLIS, Nov. 16.—As first predicted exclusively in these dispatches, several weeks ago, David E. Sherrick, ex-auditor of the State, was today given a new trial by the Supreme court. Sherrick will be brought here from Michigan City tonight or tomorrow and his friends are ready to give bond for him and he will again be a free man, for awhile at least. It is confidently believed here by his friends and the public that he will never be tried again. His six months in prison have been humiliating snd health-racking and the universal Opinion seems to be that he has suffered sufficiently for his wrongs, and that worse men have never done any time. In a few words the court holds that Sherrick did not embezzle the State’s funds because as auditor of State he was not authorized to receive insurance fees, which was the money he embezzled. As that money was not the State’s money, it would have been impossible for him to embezzle it. As an officer, he was not charged by law to collect and one who has no right to public money cannot be convicted of embezzling the money thus received. Though he falsely represented that he was entitled by virtue of his office to receive this money, the' defendant was not entrusted by the State with those funds. Prosecutor Benedict said he would not be able to reach the Sherrick trial before January Ist, when his term expires. o—- —— NOW WRITING CONDOLENCES The Muncie Observer is Printing Letters Received by Cromer. Bluffton, Ind., Nov. 7, 1906. Hon. George W. Cromer:

Dear Friend Cromer: — How sincerely I wish that I could pen words of congratulation and know that you would again represent us in Congress, but fates have ruled otherwise, and we must accept gracefully. I cannot look back and condemn any of our workers for not doing their duty, for their utmost desire was that you be returned to Cbngress. ’ For our Aaron Burr type of Republicans words cannot quite express my feelings and thpjp guilty consciences should be enqugh of an accusation to make them feel their dishonor. I will not dwell upon this subject, but conclude by saying that your legion of friends, including myself will always be found at the helm in any and all things that concern you. First last and all the time your Republicanism has been faultless and only through the treachery of your own party was It possible for them to defeat you. With very best wishes and trusting that I will see you soon, I remain, Your friend, The Observer which is Mr. Cromer’s personal organ, lays his defeat to the Stilwell faction of the party and the majority of the letters received by Mr. Cromer place the blame on the Stillwellites. — —O u ERIE AND THE CLOVER LEAF The Deal is to be Closed Before January First. Rumors which are apparently well founded are in circulation that the Erie probably will acquire the Clover Leaf by January 1. By such a move the Erie would obtain an entrance into St. Louis and give that city another through line to Buffalo and New York City, besides Cleveland, Pittsburg and other large trade centers. The Erie runs from Chicago and Cincinnati to New York. The acquisition of the Clover Leaf would give it a line to St. Louis and a line from Chicago and St. Louis to Toledo for the lake traffic. It is understood that the Erie will decide by the end of the year whether it will take the Clover Leaf. It is believed that efforts will be made to form the Erie and some western road into a transcontinental line. As far as can be ascertained, the Clover Leaf is now controlled by Edwin Hawley, Paul Morton and T. P. Shonts. It is said that, should the Erie terminate the negotiations, the Clover Leaf will be extended to Peoria, 111., to connect with Hawley’s lowa Central and Minneapolis and St. Louis system. This would make the Clover Leaf a strong competitor for the traffic between the grain fields and the Great Lakes. It is probable that the improvements would not be limited to the one extension to Peoria. Shake Into your shoes Allen’s FootEase, a powder It cures Tired, Aching, Callous, Sweating, Swollen feet. At all Druggists and Shoe Stores, 25c. Sample FREE. Address Allen S. Olm- ' st ad. T.eßoy, N. Y.

PHILLIP MARTZ DIED SUDDENLY Was an Aged Citizen of Blue Creek Township. Phillip Martz, one of the wealthiest and best known citizens of Blue Creek township, died suddenly yesterday morning at his home near Steele. He was seventy-eight years old and had enjoyed good health for one of bis years. He leaves only the aged wife. The funeral services will be held tomorrow morning at eleven o’clock from the South Salem church at Steele. * o— — THEY WILL BUY HIS RELEASE From Manager Gardner of Texas— Railing Prefers Columbus or Milwaukee. That Tom Railing, who did such remarkable slab duty here last summer for the local ball team is booked for higher and faster company, is now an assured fact and it is only

for him to name the city in the American Association where he would rather play in, and a deal will be made for him. This news he received this morning from Joe Gardner, manager and sole owner of the Dallas, Texas, team, whom Tom is under contract with, and who is desirous of selling Railing’s release, owing to the fact that Tom refuses to play in the south, in this letter, Gardner asked Tom if he would play in either of the following cities: Toledo, ColuAbus, Indianapolis, Milwaukee or Louisville, and to name his preference, as he had an opportunity to dispose of him to any one of the above named cities. Railing stated that of the five named, he would rather go to Columbus, 0., or Milwaukee, Wis., as the two c'.ties seemed to be the best in that league. That Railing is a pitcher of remarkable ability is acknowledged by every one who has seen him work, and that he will make good in this league is a foregone conclusion, and it will be only a matter of one season until he will be drafted by one of the big leagues. It was rumored some time ago that “Chick” Stahl of the Boston American league team, would be in Decatur some time before the first of the year to look Tom over and get his pedigree, and the chances are that he may yet don a big league uniform. However, there is one thing absolutely sure, and that is that Tom-will not be with us next season and the local management will be forced to find some one to fill his shoes before the season opens, which will be a hard, task. o_ WILL ASK FOR AN INCREASE Postal Employees Want a Longer Salary for Their Work. The men who handle United States mail will ask Congress at the coming session to increase their pay. In doing this they will have the support of the postoffice department. After a careful investigation of the subject by the postal authorities have decided that the mail handlers have a justj cause’, particularly the clerks in first and second-class postofflces. First Assistant Postmaster General Hitch cock, who has supervision over ths clerks in these offices, will do all he can to obtain from Congress more money for them. He announces that he will submit to the committee on postoffices and post roads of the House, of which Representative Overstreet is chairman, an estimate of $25,700,000 for clerk hire in first and sec-ond-class postoffices. This is an increase of $3,000,000 over the appropriation for this purpose this year. Os this $3,000,000 it is proposed to use $1,370,000 for the employment of additional clerks and the balance in increasing the pay of clerks. o RE-APPOINTS MR. GRUBBS. < Fred Sims, Secretary of State, announced, yesterday the re-appointment of Frank I. Grubbs as deputy Secre- , tary of State. Mr. Grubbs came into this office January 7, 1903, with Daniel E. Storms. Mr. Grubbs accepted the re-appointment. “In re-appointing Mr. Grubbs, I am paying the justice due to merit,” said Mr. Sims yesterday. “Mr. Grubbs knows this office; he is very efficient in the work connected with it; he is a very hard worker; meets the consti- ’ tuents well, and, all in aii, is very 1 deserving of the place that I have i tendered him. I have every confidence i in the world in Mr. Grubbs.” Mr. Sims said further that for the present, at i least, the rest of the force would re- i main the same. John Billheimec, re- i cently elected State Auditor, has made 1 no appointments in his office as yet.

” COSTS WILL EXCEED THE VALUf Case Appealed From Geneva Justice's Court—New Officers File Their Bonds. c ; i r , Attorney William Drew of Geneva, filed a case Friday morning, entitled James and William Glendenning 1 vs. Michael McGriff, suit in replevin, s The complaint recites t» at the plaln- , tiffs are partners, doing business unh der th? i.v.ue of Gkn.lemdng & Sou, and that they are the owners and entitled to possession of a black cow, two and a half years old and of the value of thirty-five dollars, of which . the defendant has possession without right. Wherefore the plaintiffs demand judgment for the recovery of said _ cow and for ten dollars damages for the detention thereof and for all other proper relief. The case was tried be- ■ fore Squire F. S. Armantrout at Geneva, November 14th, when the court .found for the defendant, with judg1 ment against the plaintiffs for costs in the sum of $18.30, whereupon the 1 plaintiff appealed to the circuit court. 3 r James H. Stone, elected as justice of the peace, at the recent election, and who begins his new term No- - vember 17th, has filed his bond for - $2,000, as required by law. j r B. Frank Kern, a newly elected jus- , tice of the peace in Union township, t filed bond for $2,000, and will also > enter upon his duties November 17th. t : oOBITUARY. t . Mr Nathan Wyatt '.as born in De--1 •’i’ l county, Indiana, 2’. departed this life Sunday evening ' November 11, 1906, aged 57 years, 3 t months and 18 days. His youth was spent with his parents on a farm in Allen county. ' In the year 1872, on the 14th of No--1 vember, he was united in marriage ■ to Mary Ann Bowser, near Ft. Wayne, to whom he was a loving and devoted companion. To this union were born five children, all of whom are still living-: James O, Wyatt, Mrs. William Ault, Mrs. Charles O. Bracht, all of Fort Wayne, and Samuel C. Wyatt and Emily Wyatt of this city. He was a kind and affectionate father and by his children will be greatly missed. After the death of his loving wife, September 21, 1900, he assumed the-double responsibility of father and mother in the home, and would work, although in pain, to help support the children and keep the family together. He had a rugged constitution and was always healthy until about six years ago, when he was attacked with stomach trouble, which, together with a complication of diseases, caused his death. He joined the United Brethren church with his wife, shortly after their marriage and had been a faithful member until his death, when it seemed that his only comfort was with his children at home, although he never lost faith in his Savior. He took consolation in silent prayer and when he passed away, it was a peaceful sleep in Jesus. Besides the sons and daughters he leaves to mourn his departure, three brothers, three sisters, four grandchildren and a host of other relatives and friends. Besides the wife, his father, mother and two brothers have preceded him to the other world. He was a member of the Tribe of Ben Hur, No. 156, Decatur lodge, which society had charge of and attended in a body, the funeral, which was conducted by Rev. D. B. Kessinger, assisted by Rev. J. C. White, Wed-, nesday afternoon, at the United Brethren church. The text chosen for the occasion was “Them also which sleep in Jesus,” 1 Thes. 4: 14. The lodge gave their impressive ritualistic work at the grave. Rev. Kessinger read the commitment and Rev. White pronounced the benediction. A precious one from us is gone; A voice we loved is stilled, A place is vacant in' our home Which never can be filled. God in His wisdom has recalled The bloom of yquth. ’Twas given Although the body moulders here, The soul is safe in Heaven. A FEW CROP STATISTICS. Potatoes, tomatoes, peas, cantaloupes, watermelons and tobacco figures for the last year have just been compiled by Joseph H. Stubbs, chief of the Indiana Bureau of Statistics. The potato crop is about the same as that of last year, the number of bushels produced in the State changing from 5,035,697 to 5,005,227. The tomato crop this year is larger than those for 1904 and 1905, the only ones of which there is a record. This year, 2,897,582 bushels of tomatoes were produced, as cojnpared with 1,230,984 bushels in 1904. -The yield per acre in Clinton county whs 113 bushels. _o- — WHAT THE GOVERNOR WANTS. Governor Hanly has issued his Thanksgiving proclamation, setting Thursday, Nov. 29, as the day to observe in the usual manner, by prayer and votive offerings of praise to the Most High because of the blessings of the year just closing. The address urged the people of Indiana to join in a sober and earnest voicing of gratitude for prosperity and manifest advancement all along the line.

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■ 50 CENTS FOR CHICKEN HAWKS _____ > Thia Bounty Will be Paid if the. Law 1 Is Passed. “It is highly probable,” said E. E. Earle, deputy state game commissioner at Indianapolis, “that the next gen- ,, eral assembly will be asked to enact ?- some further legislation looking to 5 better game conditions in the State. . The present laws are good laws, but - there are birds of prey that need look- .- ing after. They are getting altogether , too numerous. i- “Among this species of birds the , hawk is the chief offender. Chicken * b hawks have been very- numerous this i year and have caused considerable t trouble throughout the State. 1 “Hawks,” said Mr. Earle, “are esi pecially dangerous to quail, and it is r partly through them that the number r of quail has been considerably reduced > during the last few years. Something i- should be done to promote the ext termination of the hawk family, and :- in addition to some legislation provids ing for the levying of a bounty of fifty i cents for each hawk killed I would . advocate that each hunter take on his hunting trips a number of shells b charged with extra heavy shot, so that , when he encounters a hawk he can - let him have a dose that will do the r business.” The present game laws do not pro- • tect hawks, but fall to levy a bounty - upon their heads so that their extermi- , nation may be promoted. > “I believe that with a fifty cent . bounty paid by the State for each hawk killed,'’ said Mr. Earle, “hunters will be encouraged >to kill them. Quite a large number of hawks were killed this year notwithstanding that there was no bounty. The average hunter is ; fully aware of the hawk’s destructive nature and generally tries to kill any that he may see, but with all this the . number of hawks in the State is not . decreasing as it should.” At the last session of the legislature, Mr. Yaney of Richmond, was instrumental in getting a bill introduced containing the provisions advocated by .Mr. Earle, tne bill became lost in the rush at the close of the session and failed to get through. Mr. Earle says that more hunters’ licenses are being taken out this season than last. One hundred and eighteen applications for hunting licenses were received at his office yesterday. —oCLOSES HIS JUDICIAL CAREER Judge Vaughn Served a Faithful Fourteen Years. Although court does > not open in Wells county until Monday, Judge Vaughn was able to bring the term in Blackford county to a close this afternoon and incidentally to bring a term of fourteen years as judge of the 28th judicial circuit to an eventful end. One of his last official acts was sentencing two men to terms in prison for crimes that would permit of no other alternative. After the work of the day in .court had been completed, Judge Vaughn addressed the members of the Blackford county bar in terms of parting. He spoke warmly of the spirit that had always been manifested toward him by'the various attorneys, not- only in Blackford, but of Wells county while he was.acting in his official capacity and expressed his sorrow at having to sever these relations. During the fourteen years that he has served? this district as judge, it has never been necessary to assess a contempt of court proceedings. Judge Vaughn was elected to fill the unexpired term of Hon. J. S. Dailey and after doing this, was elected to fill the position of judge of this circuit for a period of six years. At the end of that time he was re-elected to the office and has just completed his second term—Bluffton Banner. —o — ASSOCIATED WITH OLD DENTIST Dr. Fred Patterson, who for eighteen months, has conducted a dental office at Geneva, concluded his business there Friday, visited here last evening with his parents and left this morning for Terre Haute, where he assumes an interest with Dr. Ervin, the leading dentist of that prosperous city. Dr. Patterson is recognized as one of the best young men fn the profession and has enjoyed a lucrative practice at Geneva. Recently Dr. Ervin’s health began failing and he sent to the Indiana Dental School for information for an assistant. Tha fact that they recommended Dr. Patterson, unsolicited, shows that his abilities were recognized by that institution. Fred will enter upon his new duties at once and we predict a flattering and successful career for him at Terre Haute. His many Decatur friends oin us in the hope that he will succeed. - - - — o— ——- -i ■■ » George Tricker was a business-call-er at Fort Wayne last evening.