Decatur Democrat, Volume 52, Number 9, Decatur, Adams County, 4 March 1909 — Page 2

Oil Monday the commissioners listened to the written opinion given by. County Attorney Luts upon the quesion of the rights of the board f U> grant licenses to the six applicants t> retail liquors. The law is vague j in many instances and has never been construed by a circuit court, to say nothing of the higher courts. The j opinion covered the ground carfeully and left the board with the privilege •f granting the licenses or not granting them, as they saw fit. The board then granted the licenses and for the nex tninety days these six applieants will be given the privilege of . doing business. The opinion of Mr. Lutz is herewith given in full: To the Honorable Board of Commissioners, Adams county, Indiana. In the matter of the application of C. Radamacher et al for liquor license: Gentlemen—ln accordance with your request I beg leave to submit the following: • Section 7 of the local option law provides: that not later than five days after a local option election has been held, the board of election comniis- « fxl 1— —nnAUnr t BIUIWrB ouan wav** wre — - ——- of the county a certificate, certifflng the result of such election and that at the next regular session of the board of commissioners, such board shall make an order declaring the result of such election and have the same entered of record. If at such election a majority of the legal votes shall be in favor of prohibiting the sale of intoxicating liquors as a beverage, it shall thereafter be unlawful for said board of commissioners to grant any person a license and said board shall thereafter have no power or authority to hear or consider applications for license or to grant the same. This section of the law has never been construed by the supreme or appellate courts, and insofar as I am informed, no circuit court has passed upon the same, the proper construction to be placed upon this statute is not free from doubt, it will be observed that this section in several instances contains the word “thereafter.” If this word refers to the electfoh, then this board has no jurisdiction at this time to grant a license to any person, but if the word "thereafter” refers to the time of the order of the board declaring the result of the election, then and in that case the board may at this session grant a license to any person who has given the proper notice and shows the proper qualifications providing the same is done before the order is entered cf record declaring the result of the election. If the first construction is adopted and a license issued, such license would be invalid and the licensee could not recover the amount paid for license and he would be liable for each sale made, and if prosecuted under the Blind Tiger Act, upon conviction his property connected with the saloon would be confiscated. If the second construction is to be followed’the person to whom the license is granted would have 90 days from the date of said election in which to'close up his business. In this case the board may pursue either of two courses: First, Refuse the license, from which action the applicant may appeal to the circuit court and have the matter determined. Second, Grant the license, from which action any citizen of the county may appeal to the circuit court, provided, he shall comply with the law by showing proper interest, or criminal proceedings may be commenced and a. construction of the law be had. The probable result of granting the application: The person to whom the license is granted takes the chances upon forfeiting the SIOO.OO license fee paid to the county treasurer; also of selling without a license and if convicted of having all of his property connected with the business confiscated and also be liable to fine and imprisonment. If’ license is refused all saloons when license has expired must close at once. The question Involved is an important one, not only to the general public, a majority of whom have voted to. prohibit the sale of intoxicating liquors, but to the persons whose property interests are at stake. I have thus indicated that) the remedy of the parties interested will be, as well as to what the probable results would be should the law be construed By the courts contrary to the action of this board. Owing to the fact that as a citizen I have taken an active part in the recent campaign, I do not deem it my duty to indicate to the board my personal opinion as to the proper construction to be placed* upon this statute, for such would only be my opinion and not be supoprted by any authority. It would be unfair for me to attempt to Influence the action of this board, under the circumstances, and it will be for you as a board to use your own judgment in passing upon the applications pending, and when you have done that honestly and fearlessly the citizens and the public

’will have no right to complain. If individual and the public have a remindivltfual an dthe public have a rem--1 edy, and if any must suffer It *lll be 1 those who have voluntarily placed 'themselves in a position to be prosecuted. Respectfully submitted, CLARK J. LUTZ, » County Attorney. —o- — C. J. Lutz as attorney for Samuel Butcher, has filed a suit to recover rental for an oil lease, the defendant being Homer J. Greene. Four hundred dollars is demanded. Summons was ordered returnable March 12. Charles Morrison as guardian for Samuel Sims, has filed an/ account current, which was allowed. J. F. Lehman as guardian for Clarence, Howard, Herman and Agnes Sprunger, filed a bond for $36,000. The bond was approved and letters of guardianship issued. Susanna J. Butcher has been appointed guardian of Ethel May Butcher, and filed a bond for SBOO, which was approved.; J. F. Lehman, administrator in the C. C. Sprunger estate, has made final settlement, which was given the approval of the court Sylvester C. Tinkham has taken out letters of administration in the estate of Lorenzo D. Tinkham, deceased, and filed bond in the sum of $2,000. \ The will of Elizabeth Sprunger was admitted to probate. Peterson and Moran as attorneys for Ida Mewfer. filed a suit Saturady afternoon against Frank Hirschey, charging him with seduction, and demanding one thousand dollars for the damage to her good name, her . virtue and chastity. Both plaintiff and defendant hails from Monroe towfaship. A. P. Beatty and J. W. Teeple as attorneys for John W. Watkins, has jflled suit against John W. Meibers, asking forsix thousand dollars, for alienating the affections of his wife. The complain covers a long period of time. The summons was ordered returnable March 15. Peterson & Moran have filed a divorA case entitled Maggie Arstella Courtney vs. James Alva Courtney. The complaint states that theye were married November 3, 1906, and lived I together until January 10, 1907. The defendant is charged with being guilty of habitual drunkenness and failure to provide. The plaintiff asks for a divorce, the custody of their nineteen months’ old daughter and alimony in the sum of five hundred dollars. John F. Snow filed a suit in court for the partition of real estate, the case being entitled Emma Schaupp vs; Morton J. Martin et al. A summons was ordered returnable March 15. Another new case was filed by Peterson & Moran, it being a suit on note entitled James H. Davis et al vs. C. D. Murray. The summons was ordered returnable March 19. The will of Elizabeth Sprunger, deceased, has admitted to probate. The will gives Gilbert and Huldah Stuckey the sum of $504.30. The balance of the estate is divided among her other children, Clarence, Howard, Herman and Agnes Sprunger, the ’ rest of the estate? except $1,000.00 to the general conference of the Mennonlte church, and $1,000.00 to the Mennonite church of Berne. An insanity inquest was held this morning by Drs. D. D. andC. S. Clark and Dr. Miller, and James H. Smith justice of the peace. They adjudged Mamie Mersman of unsound mind, and Cleric Haefling has already made application for her admittance into the hospital at 'Richmond —- o A deal was closed last Saturday night whereby Lee Stultz came into possession of the paper routes of the city newstand and he, assumed control : of same this morning. Mr. Stultz has been negotiating for the purchase of this business for some time, but an agreement could not be made until i the above stated time. D. C. Heitzi man, who has had charge of the busi iness, retains the confectionery dei partment and Mr. Stultz will conduct the newspaper business from the same i building. The new proprietor of the s routes needs no introduction to the ' people. He has. been in the employ of L. A. Holthouse for some time, as - he is thoroughly competent con- - duct the business satisfactorily to all i the patrons. He Informs us that he - will deliver the papers promptly and j will leave nothing undone that would s tend to please his customers. The 1 best wishes of his many friends are a extended for his success in the busla ness venture. . 1, ——— -o— Yesterday was an unusually busy : day for the bank and stores.

■ the afternoon Wednesday for Geneva, from where ho expected to drive > to New Corydon to open a temperl ance campaign for the Jay county ■ forces. He waa billed to deliver an address at the M. E. church at that place. The minister and Thomas Buckmaster secured a vehicle at Ge- . neva and (proceeded to drive to the Jay county village. They had gone I J>pt a short distance, however, until • they found that the road was impass- : able on account of the high waters. The streams in that vicinity had ovi erflown and the water in places was more thaff a foot deep. The gentle- ■ men returned and started on an- . other road only to encounter the same difficulty khd it became necessary for them to abandon the trip. They returned on the afternoon train. The i people in the vicinity say the water ( is very high there, and a number of the roads are practically Impassable. The lob is but a mass of water and the farmers in that vicinity are encountering much difficulty. The St Marys river has overflown its banks and the bottom on the east side' of the stream is filled with waiter. The river is rising constantly I and from indications It will reach a higher altitude than it has for years. _—: o ' . The final and closing chapter of the Amish case, in wrich George jPalllee > sued his father-in-law,Joseph Swartz, and other leaders of the church, for the alienation of his wife's affections, t was written yesterday morning, when Paille, accompanied by his attorney, Frank Cottrell, of B'eme, went to t Portland, filed receipts obtained from a number of his witnesses for the fees taxed to him, paid the remainder 1 of the costs and obtained the amount of the judgment, which was paid .to i the clerk several days ago by the vari ious defendants. Os the total $61.85 costs taxed to him, Pallle filed recctpts for $29.85 and paid the remaining $32 in cash. His attorneys had filed liens on the judgment or S3OO, i so that the actual amount received by Pallle as a balm Jor the injury done ' him was $668. The witnesses whose fees were not remitted, were Hanvey ' Lawson, Martin L. and Phillip Smith, Elmer Baumgartner, Ollie Blowers and James Lawson. In conversation with a representative of this paper yesterday morning Pallle stated that . his home life still remained the same as previous to the trial. His wife still i lives at his home, cooks his meals I and keeps house for him, but their • velations are not as man and wife. ' They are allowed to converse only on i subjects absolutely necessary. This is 1 as a result of a ruling of the church elders.« Paille stated that his desire for money as a balm for his broken home was slight His object in the last trial was to secure a reconciliation with his wife’s people, that he i once more might provide for her and . their little son. ' He hopes that by i waiting the church officials will see the error of their ways and give back to him his wife and child. If this is not done in time Paille will ask the count to order her restored to him in • the true relationship of man and wife. He can only speak in terms of regard for her, and often during the conversation at the ifaention of her name his voice would choke and for several minutes he would be unable to proceed with his story. Pallle said that i his wife is anxious and willing to once ; more live with him and that the sentiment in his neighborhood is all for ( him’. It is very likely that unless bls • wife is again restored to him, another suM/will result, as Paille is determln- > ed to end his present manner, of living. —Portland Sun. . ...... —Q- — - i A report comes from'' Allen county : to the effect that the temperance i forces are busy there circulating a I petition for a county option election, and although our information in. re- > gard to same Is meager, we are re- > liably Informed that a large number of names have already been secured. The people in the. counties located iff ’ the territory contiguous to Fort > Wayne, In which the saloons , have » been voted out, have fostered the 1 idea that the summit city would thrive i at the expense of citizens residing In f the surroiindipg cpmmunltes as a .con* i sequence of the 1 abolition of their sa--1 loons and the retaining of Fort Wayne - soloons. AJlen. county resident* in - large numbers are willing to wager - that not only the county will be vott ed dry in the near future, but that 3 the city will be carried by the drys. 3 That a movement Is on In our sister 3 county is undeniable and from the f reports received in this city the saJ loons there are doomed. It has been - said that five per cent of the voters I had already signed the petition, and a but little difficulty Is being encoun--1 tered by the temperance people. It 1 is not improbable that an election a will be hell in Allen county within a a few months and thousands of peo- - pte will eagerly await the results. O • The Entrd Nouk Club will be enters' tained this evening at the home of Electa Glancy.

I. - '■ * _ HUMS'' | lowing bills went unopposed to engrossment: Kayser, to enable incorporated towns bf from 1,000 to 5,000 to issue bonds for school purposes; Wlckey, to create a permanent conservation commission; Hostetter, to have township assessor abcept claims for mortgage exemptions instead of the county auditor; Brown, providing bounty for killing crows; Sunkel’, to extend city library facilities to town- ; ships on petition of landbwners, and' provding for aid by township trustees; Garrard, merchants’ bill making it a felony for a public' official to be. a private party to a contract made with the corporation with which official la connected; Hostetter, to enable either party to enforce a petition where a widow has a fee simple and also a life estate; Kayser, to provide that a majority vote off a board of township advisers may be sufficient to make an appropriation; Connelly, . meikdng a penalty of from $lO to SSO to be assessed against the owner of a dog which has bitten a child, and providing that the assessment shall be paid to the parent of the child; Chrisney, regulating excess fare charges by freight carriers; Garrard, to enforce publicity of campaign funds; Smith, to release state banks from the necessity of making annual reports under the act that requires statements on the call of the audior of state. ) — o —— — T. R. Moore has received a communication from Phoenix, Arizona, in which the fact is stated that his son Charles is gradually losing his mental faculties as a result of the accident; befalling him some time ago, and it is now thought that an operation will be necessary to relieve the unfortunate man from his pitiful condition. Charles lived In this city for many years, and was among the most progressive memos . Decatur. When In infancy he sustained a fall which Injured his skull although he was troubled but little as a consequence thereof until subsequent to the accident which occurred some time ago at his Arizona home. Since then, he has not only gradually declined physically, but rationality has partially left him, His condition is deployable and has alarm among the family members and his many friends. An operation will soon be performed If present plans materialize in Which his skull will be raised and the pressure removed. It is hoped by the many Decatur friends of the unfortunate man that the operation will prove successful and his health will be restored. ~ ~.-o The lightning; of Monday night was not thought to Ijave done any damage in this vicinity, but on going to his portable saw mill located on the Rudolph Atz farm In Adams county, yesterday, G. W. Sickler found the lightning had Struck a large center pole of a tent used for the keeping of horses and had shattered it into many thousand (pieces. The pole which was about six Inches in diameter, was topped by a piece of steel projecting through the top of the tent, and it is thought that the flash struck this and went to the ground breaking the pole squarely off. The tent was empty at the time and Mr. Sickler will only be the loser of the pole. The horses usually kept under the cover had been brought to this city, as* the portable plant is being prepared to be moved to the farm of William Suttle near Phoenix, but owing to the condition of the roads the trip has been delayed. Had there been horses' in the tent at the time of the lightning they would probably been killed by the shock and Mr. Sickler feels himself exceedingly lucky bn this score. The tent was not torn, but a large hole was left In the ground at the bottom of the pole and splinters scattered over the ground to tell the tale.—Bluffton Banner. — —— ——— Rushville, Ind.,' Feb, 25.— Something new in county option circles,; was ’ sprung today when thd local option Committee printed a two-page, tencolumn paper advocating Its side of the question. The publication of a local option newspaper is rather a unique innovation in carrying on a campaign and is the first attempt of the kind ever made in a small city ' fight. The paper is called the Local Option News, and is marked a* an "only once’’ publication. The columns are filled with paragraphs appropriate . to the cause and a number of news articles pertinent to the temperance question. Twenty-five hundred copies > of the issue have been printed and will be distributed over the city and county. The "wets" have confined i their campaign to newspaper adver- . rising and are makirfg no attempt to Stir up sentiment In their favor by ; public meeting or any- display work. —■ " i o "» Mrs. Harriett Beldler, of Elkhart, a visitor at the home of Mr. ,ahd Mrs. JR. • E. Peters, received >a message 'from Oklahoma today stating that her sister, Mrs. Lukehart, was ser- ! lously ill and was not expected to HVe- . : - I

were* filedas "follows • n ate bills, Wand, providing‘administrators may file actions against mining companies to'Obtain damages, to pass; Royse, providing for examination of persons wishing employment in coal mines, for postponement; Stoteehbwrg; providing that a person convicted in criminal cotirt of any offense not punishable by death may bp released pending trial in a higher court and admitted to ball, to pass; Cox, to require five days’ notice of c? editors when a stock of .merchandise is to be sold; (House bills), Stephens, to require publication of receipts and expenditures by school dries, for postponement; Kleckner, to provide against injunctions in labor disputes, when amended to pass; Hauck, to amend the depositories act as recommended by the attorney-general, to pass; Shaefer, to provide for protection of sheep against vibious dogs, to postpone. Ways and Means—Racey, to provide for the establishment of a normal school for colored students, for postponement;’ King, to fix fees charged by the secretary of state for certificates of elections and commissions ahd placing fees in the general fund, to pass;, Merriman, to provide a state home for colored orphans, for postponement; Seldenstioker, to have state take over Indianapolis Industrial Home for the Blind, divided report, majority for postponement; Williams, to pay bounty of SIOO to surviving members of the Home Guard, for postponement;, Racey, to appropriate $14,00C for purchase of Harrison home at Vincennes, majority .to pass when amended to cut appropriation in half; Seidensticker, to limit product of state penal institution to binder twine for postponement; Miller, to amend railroad commission act, referred to judiciary committee; Roggen, to provide for the erection of an armory at Fort Wayne, and appropriating $30,000, for postponement. Public library—Garrard, to provide for state library commission ahd to take over Indiana library school, majority to postpone. Fees and salaries —McGinnis, to repeal sheriffs’ law for In-and-out fees, (passed over governor’s veto, majority to pass. Criminal code—Hewlg, to provide better protection for abused animals, to pass; Eschbach, to provide for sale of fish caught in the state, to postpone.' Insurance—Pelzer, senate Mil, to make It an offense to qbtain a change in an Insurance policy through misrepresentation, to pass. — o 7“ I. M. Dickerson as guardian for •Lula Johnson and Grace Chrisman Thuisday filed a petition wnth the court suggesting the death of the ward, Grace Chrisman, and at the same -time filed his final report as to this ward. The report was approved by the couijt aid the guardian was allowed the sum of $33.96 for his ser-' vices and was discharged as to Grace Chrisman. Martin Kirschner, administrator of the estate of William A. Kirschner, filed with the Clerk a Certificate of deposit for the sum of $1,985 as heretofore ordered by the court and the clerk was ordered /to mhke the distribution to the heirs and devisees as they were named in the current report heretofore filed except as to Ida Hay who had received her share some time ago. The case of Julius Haugk vs. James W. Place et al, which had heretofore been set for trial, was taken up Thursday, the same being a jury trial. The complaint recites the fact that several years ago the said J. W. Place and H. L. Conter entered into a contract with John 9. Bowers for the rental of an ice house at the Bowers quarry, and also sor z thei harvesting of ice from said quarry, the rental for the same to be 150.00 per year, that after said contract had been entered into a transfer of the property was made sto Julius Haugk who now claims that rental for the sum of $250.00 Is due him and remains unpaid. Some little time was taken up in selecting a jury and several men were excused before the same was sworn fn, however the following jury was selected: Martin Miller, William Adler, A, Krumenacher, Albert Buhler, T. R. Moore, Louis Andrews, Miller Smith, George Calkins, F. Faurot, Henry Gunsett, Fred Koldewey and W. H. Dettlnger, and as we go to press the case js still in progress. A marriage license was Issued late yesterday afterrioon by Clerk Haefling to Joseph Burk, aged twenty-nine, and k resident of Van Wert county,■-and Katie Mohn, aged nineteen, and a resident-of Adams county. The cou-| pk were very anxious to be married at once and the clerk sent for Squire Smith, who? performed the ceremony in a remote corper of the clerk’s of-' flee and the couple left seemingly contented and happy. I , ~,, ;-r 1 The Aid Society of the Evangelical chnrch are having a donation party J this afternoon.

,Du XCB v* DvILI"U BVlifiCQ LutV home of Charles Campbell, near Albion, Ind., upon, a search warrant issued: under the blind tiger act, was today affirmed by the supreme court. The township had "gone dry” a short ' time befyre, and a street fair at Albion was to begin the morning that ' the beer was found. Campbell insisted that the court had no jurisdiction, ! because he had not been arrested nor served with a summons as owner of the beer, and that he was entitled t> a fury trial, and that there was no - evidence of his intention to use the 5 beer fn an illegal way or for any other j purpose thaA family use. The supreme court decide dagafnst him on ’ all of these points, and while it said that the prosecuting attorneys (fee should not have been taxed against Campbell as costs, it said that he had saved no available exception. Judge s i Myers said: “The warrant was served on appellant and search made, and > seven boxes of bottled beer found on the premises tn the early morning, and taken possession of by the constable and return made accordingly. Appellant was not regularly engaged in the sale of liquor, and therl Is no direct evidence that he Intended those seized for sale or barter; but taking all the facts and circumstances shown by the evidence, such as that a street, fair was in progress in a nearby town; in attempt to conceal the pres- ’ ence of the liquor by getting it late at night and going by circuitous lines ; of travel passing by his own residence in going to the town, coupled with other acts, facts and -declarations made by him, the trial court was justified in finding that he intended to sell the beer t C. D. Kunkle as a representative of the Great Northern Indiana Fair association, and as treasurer of the association of fairs of the state, went to Indianapolis Thursday, where In conjunction with representatives of all other fair associations of the state, he met at the English hotel this afternoon for the purpose of assisting in framing a bill which will be presented to the legislature asking that appropriations be provided for each fair In the state as is the case in Illinois and Ohio. In .these states the county donates an amount of money, as does the state, to all agricultural associations, and which has tended to make the fairs a sue- - cess In every respect. The fair rep- . resentatlves will do all In their power to effect the passage of the bill, and it is thought that the law making bodies will give voice to their sen- , timehts by passing same. E. B. Adams, secretary of the Greta Northern, is also at Indianapolis, and he will attend the session at the English, hence the Adams county fair association will be well represented. The movement is one which is deserving of consideration as it is no more than right to encourage in a financial way the holding of fairs annually. Adams county folk are hoping that the bill will pass. * J - -o - ? gan county today added its voice to a the chorus of disapproval of the 11- g censed saloon by a substantial majority. The figures, based on the complete unofficial returns, show a “dry” majority of 1,055 in the county. The weather was very much against Mi election today. The rain, snow, sleet and wind, with lowering temperature served to keep many at home who might have exerted themselves to vote had the day l>efen bright. It Is estimated that less than three-fourths o’ the normal vote was polled. The election was a very quiet affair’ and there was a certain lack of Interest because of the fact that the county _ has ’been saloonless for sothe time and many just took it for granted that it wasn’t necessary for .them to hustle much to keep it so. There were no demonstrations and the election in its entirety was a perfunc-. .. tory affair. Each of the fourteen townships, with one exception, voted for the "drys” by substantial majorities. The one exception was Ray township,’ in which the vote was a tie. This is a situation that has not arise* in any of the township in any of the counties in which have been held on the liquor Issue. Five of the seven precincts In Martinsville gave “dry" majorities. i' '■"■»■■■! ' U 1 J. B. Stoneburner will have an unusually good show for Friday and | Saturday nights. He will show a reproduction of the Messina earthquake | which will prove interesting to all j who attend. Dispatches state that Tommy Mej Carthy, the Irish lad his early ® career pitched in Bluff ton for Lem / < Stout’s old Independents, has signed j a contract again this year with the Boston Nationals. Concerning Peart J Larue another dispatch states if he | 1 falls to make good at Columbus, 0., ; I that Grand Rapids Central league team has next clalnj on him. But it is predicted that stick | with Colqmbus.-Bluffton New* ' ’ ' J ;