Democratic Press, Volume 2, Number 71, Decatur, Adams County, 20 February 1896 — Page 5

"jUDGE JOSEPH S. DAILEY .. * OfCI«lON AHO JUOGMINT IN -’‘"h,• TR “ T C *“ ThP court being fully •dvieeil In J ,h " ,H thHt ,l "‘ to Ik- extended from Seventh HlnH to h einUMdeof Eighth street over LXosh the ground ot the (m ; Richmond and Fort Wayne •"-? u. Railroad Company. lessee, and . Jt the right of way for.troet pur--10 over and acron, .aid ground Tjefendant shonld »m« sixty feet in width. The right of way for Jn- t purposes to abut in Jots 141 , 142 on the north and 143 and u( ou the south, and should extend t ami west ar row* defendant’s Zoud.and over and across defeudantarailHMMltracka. And the ' llt further finds that thedefend•Dl ought to recover damages from th, plaintiff to Im* apportioned unong the property tenefitted by W ch opening, on account of loss of gorage room for cars and the destruction of the loading dock only, ton that she should recover nothing fui the expense of cutting trains, the expense of building a house for a watchman at the crossing, the sal an of such watchman, the expense of’making and maintaining cross in-' and approaches thereto, the expense of macadamizing the street ao opened and the loss of business. Ami the court further finds that thedefendantisdamaged on account of such loss of storage room and de atrnction of said storage dock in the sum of $5,100, and that she ought to recover the same as above set out together with her costs and charges herein laid out and ex pended. And the court further finds that the amount of damages hervinls-fore found to lx* due the defendant herein, ought to lie as se-sed against the property benefited by the opening of said street. And the court further finds that th<- property belonging to the several persons named below, are benefitted by the said opening in the following sums, to wit: Rachel Kern ? ®<o Jaoib Bpanfler * •*’ Jxroh Spangler * 2 MaW*rvt I’. Hart *7O Jacob B Buhler jj l Lyman Hart 35 J) John > Bowers A? Catharine Albright Th* "I<»rv K Moore J* 2 Barbara Welter William II Sheeler **'•* David E Smith. Lewis W Frank 1* 2 Leu is W Frank W 75 Martha A Griffin 55 70 Theodore Smith 66 * Robison Peoples ) Th- 4ore Ahr Joseph Martin Trus. U B chnrch 86 70 H !! Graham Dayton V Steele J Joint W Edwards 86 70 Thomas T Darwin ®6 :1 ° Thomas T Dor win 35 I? J Albright Christen 35 70 John B Holthouse 66 30 Harriett Lammlman) Cha*. H Lammlman 1 Heirs of J .Mary Manley D Lauitniman 86 70 Th mas Stanley , deceased EUlabeth Stanley J An-won Vancamp ... * 86 70 John F Snow 66 30 J W Merryman 15 70 All the nlxwedescribed realty being in Joseph < rabb's 2nd western addition to the town, Wow city, of Decatur. Aimer S Parrish 55 70 Alva B Rice *7O Judson W Teeple. t...... 66 30 All of said parts of out-lots being situated In Joseph Crab’s 3rd western addition. liriu-i stoneburner 35 70 Sarah Turner 66 80 Sarah Turner * 70 The above in-lots being situated in Joseph Crab’s 3rd western addition. Mary Ann Ahr 35 70 Harvey Malott 66 30 John W Coffee.. * To Zu rah J Malott 86 To Mary M Britt son 66 30 Charles Geimer 86 70 Diana <' Lebrun 86 70 John S Peterson 86 70 Johns Bowers * To Albert Schurger 86 70 Benjlman F Staple * 70 Marla Smith *6 70 Sarah A Sol Billman 86 70 Charles B Cramer * 7>» Wm II Reed 86 7o Susanah Coots 86 7 • George Diener 86 70 Thomas M Fisher 86 70 Ja<*obc Ruckman 86 To Angelina Archbold * 70 Mathias Soother, 2 lots 173 io pavidstudabaker.il lots 019 oo Anna Volnier 10 20 touts. J Brock 5 10 Mary 1..-nirerlch W *' Anna Kohli. 10 20 John W Vail 10 20 Aller Sprung 10 20 Charles I'True 10 20 panini p u„lds 10 20 Harney WemholT, sr 5 10 Mary Terveer 10 20 AdaniOUltom 10 20 JelTerson Bryson 5 1" Mary Forblng. 2 lots 15 30 Barney J Terveer. 2 lots 20 40 M Marys Catholic church. 4 lots 80 (Hl Henry Kohn. 7 57 Joaepnlneßrvtnerkatnp 5 1" EllialHOh Heldernmn 2 55 •J' i'y H Hrenierkamp 7 57 Magdalena Uelnlnger 7 57 city ot Decatur 27« 48 Total ytiWO 00 The ills,ve described In-lots being part of Jos ph Crab's sub-dlvlslon ot out-lots bl said city of Decatur. Which judgment thecity excepts. And the city files her motion for a new trial. Motion overruled and exception. Appeal prayed to the supieiue court; granted. The city then files bills of exceptions two anil three, and a bond of $ 100. This completes the case in this court and as soon as the transcript is coni Pitted the case will be filed in the supreme court. It will be about a year before a decision is obtained. Km Sale—House of five rooms 1 on Madison street. Small payment down, balance on monthly payments. Call on W. H. Reed. The G. R. & i. will sell settlers one way tickets to all soutnern points on February 4, and the first Tuesday of each month thereafter, until further notice, at greatly reduced rates. For rates and further information call at G. R. & I. depot.

atNIVA'S ILtOTRIC RAILWAY. Relow will be found the conditions decided upon by the county coinmiiMioners under which they are willing to grant a franchise to Charh's E. Everts for the building of an electric railway line through the three southern townshi|>s in thiscounty. Weare informed that the right of way along the proposed route has already been Recured. TIIK COMDITION6. And tin* K’hihl hi’lng fully ndvlw«*d In the him tv r. doth bwri'by grunt th*- prayer <»f the wild |wtltloni’F upon thv following condition m, via: 1. The truck of wild electric rullwuy whall In* untundurd gmige. 2. The Nutmtructurv of wild rutlrond ahull Ilw built and tnulnUlnvd of Hrm itnd nolld miitvrlul. Mid If the inylng wild truck It whouid become nwcrwuiry to excavatu the t Hive led highway or r»md Inhl, the »ald < hurlrw K. Everett, hlw tucceiiNoHi or Hwwlgnw, shall n duce the Nil mev of the traveled highway to conform with the grade made by auch excavation, except along any rou<i that iw now macadamlred. In which cane the aald gradi ofaald railroad shall conform to n»e I grade of the said rnacndnmntvd road. To enI able the wild Charles E. Everett, hla succcmn<»rwor awMigna. to properly lay wild track right, la hereby granted the wild CharlvN K. Everett, his auccera or assigns, to make the proper oxcawaiiona ou travi vd h ghw i> on condlilon that the wild traveled highway la to tie placed in na good condition aw it waw Immediately prior to aald excavation, ami whenever drain* or tiling, or oilier kind shall drain Into the ditches along the highway, the wimv shall Im* left a*« free and unobstructed as they were at t he time Immediately prl«»r to the building of wild railroad road bed. >•< where the line of said railroad shall come from a dirt road and to a macadamised road the grade of wild railroad or wild dirt roa<l shall Im* the wirne as the macadamized road, and when vvr the railroad running along any macadamixed road shall rrow a dirt road, the grade of said railroad shall be on a level with said dirt road. 3. The truck shall Im* laid at the side of the highway, that la to say, that all tracks shall la* at least eleven feet from the center of : said highway. I 4. That all drainage along said highway shall lie left in the same condition as th«*y I are now In. and shall at all times Im* kept by I said Charles EL Even*tt. his auccesaora or In the same good condition* as they an* now in, and whenever it shall I*- necessary to clean out or repair said drains, the | said Charles E. Everett, his successors or assigns, shall cause the tame to be done ' without any cost to the county 5. That thisfranchi.se does not authorize I the said < harles E. Everett, his successors or i assigns to cross over or use the bldges on said highway, but shall build a se|>arate bridge For the crossing of all trains and water courses along this line off said pro l>ost*d railroad, all of which shall so built I as to not Interfere with with the free use of said bridges now over said streams. I 6. The right is hereby granted under said franchise to use wild railroad for the purpose of conveying freight, passengers, mall and express. 7. Said Charles E. Everett his successors or assigns, shall stop or run nt least two passenger trains or mtire a day and such trains •topat each dwelling, church schoolhouse <ir crossroad along the line of said road at | any place where they shall lie reouestec to do so by any one desiring to get aboard the cars, and notice be given to them orgtheir employes by any reasonable signal, by the waiving <if the hand or any way that the said Charles E. Everett,, his succcessors or assigns, or any of the employees may know that it Is desired of them to stop, and shall provide stations along the line of said road at <ii>tanre> apart of not l< -"> than t wo miles for the purpose of receiving freight, ; 8. That the charge for hauling local freight shall not exceed 70 per rent, of the < local rate of the Grund Rapids Ac Indiana Railroad or their successors, ami shall accept and carry such freight as shall Im* tendered t<> them by any person or persons revuesting the same, and depositing the freight at said station with proper directions as to its destination marked thereon or attached thereto with a tender to the said Charles E. Everett, hisa&siges or successors, or their proper employes of the the charges f«»r so hauling said freight, such tender of the payment of said charges shall lie construed under this franchise to Im; a proper request. That the charges for hauling passengers shall not exceed two cents |M*r mile for a distance of five miles or over for a continuous t rip. and no fare to be less than five cents |mt per mile forj each carried. 10. That his franchise shall not be operative until the said Charles E. Everett, his successors or assigns, shall procure ami file with the County Auditor the consent in writing of each of the land owners over which said road shall run along the line of the propose d railroad, and shall also tile with said auditor a written petition signed by a majority of tin* resident land owners of each township within two miles on either side of the road selected, but not to extend tieyond the boundary of the county. 11. This franchise shall be null and void and of lion-effect if the said Charles E. Everett. his assigns or successors, shall not have said road completed and in operation through said townships in two years from the date hereof. ..... . , 12 This franchise shall lx* In force and effect for the jM»riod of W years from the date hert*of. , . . . 13. That after ten years from the date of tin* completion of sai<i roud. the said < harles E. Everett, shall pay Into the county treasury annually for tin* use of the gravel road fund of said county two percent, of the gross earnings of said railroad in said county, and to determine the earnings in said county, it shall bedetermined by taking the same proportion of the entire earnings of said road, as the numlMer of miles in said county shall correspond to the whole numlx*r of miles in said roud. ami for the purpose of ascertaining the amounts due the county under this provision of the stiction of this franchise, the Board of Commissioners of said county, or their attorney, or any person designated by them, shall have the right at any time, on reasonable demand, to inspect the books of sai<i Charles E. Everett, his successors or l Y4. kt That the said Charles E. Everett, his successors or assigns, shall when the written consent of the land owners, and . U! f provided in section '•» of this franchise, if filed with the county auditor, shall also present and file with tin* county auditor a .bond In the sum of conditioned for the faithful p-rformanre of the provisions of this franchite which said bond shall Im* secured by resident frve-hold surety to the approval of the Board of Commissioners of said county, and shall be renewed whenever and as often as the said Board shall deem the surety Insufficient and may be increased to |SO.<MM) at any time the Board shall determine the amount Insufficient 15. Ihe franchise hereby granted and the conditions therein imposed shall be construed to extend to Charles E. Everett, his successors or aligns lb. The power to lw used being cither electricity, compressed air or gas, and the right Is hereby grunted to erect any and all pole** or other equipments necessary in tin* operation of **aid railroad by any of the 1 1 T?iat thv salil (,’harles E. Everett, bls successors or assigns, shall designate within six months from this date what particular highway shall In* accepted by him or them for said road. is That the franchise herein granted shail not be construed to be «an absolute right to accept said road and shall not prevent the said county from granting to any other company, or person or corporation a right to construct a railroad on or along the ouposlde of the highway used by the said Charles E. Everett, his successors or assigns. John X. VanDeman, and John B. Koontz, two prominent attorneys of Washington, C. H., Ohio, were in the city attending to legal business la-t Thursday and Friday. A high liver with a torpid liver will not be a long liver. Correct the liver with DeWitt’s Little Early Risers, little pills that cure dyspepsia and constipation. W. 11. Nachtrieb. One Minute Cough Cure touches the right spot. It also touches it at the right time if you take it when you have a cough or cold. See the point! Then don’t conglj. W. H. Nachtrieb.

ADDITIONAL LOCALS. Ice dealers are again in clover. Grant Railing is eerioualy sick. For fresh oyttera, see CofTw* \ Baker. Leia Locke wae sick several days j this week. Cofies & Baker fora square meal and lunch ami fruits. Jacob Martin is the place to stop for a square meal or lunch. Frank Gilpin and wife are the proud parenta of a new boy. John iax'het and wife report the birth of a l*oy at their house. The Grand Rapids pay car was visible along the line Tuesday. Mrs, W. J. Vesey of Ft. Wayne, was visiting in the city Sunday. Just received several bags fresh and new Timothy seed. J. D. Hale. Randolph county republicans hold their primary on February 25 Ed Spaulding of Bluffton, Sun4doyed with L. 0. Miller and famCoffee & Baker keep the best crackers, XXKX. Don’t buy any other. A. L. Sharp, attorney of Bluff ton, was here Tuesday attending i court. Dont’t fail to see Prof. Hirschfield alxjut yeur eyes, at Miesse < House. Regular services at M. E. church next Sunday. All are cordially . invited. Mrs. Jennie Todd of Bluffton, is reported on the sick list, although not serious. Haiv Miesse of Grand Rapids, Mich., was a visitor in the city over Sunday! Meals, lunches and anything in the eating line will be found at Jacob Martin’s. Donovan & Bremercamp are making a few improvements in their store room. Mrs. 11. L. Conter will leave next week for a lengthy absence at Little j Rock, Arkansas. Mrs. R. B. Patterson visited her daughter, Mrs- Jennie Todd at Bluffton, last week. W. H. Niblick has been appointed administrator of the estate of i Julia Fitzgerald, deceased. Agent Whinrey of the Clover Leaf, with his wife visitesi Muncie relatives over last Sunday. For warm meal or lunch the Unj ion Bakery is headquarters. Everything fresh and up to date. j Miss Maggie Mcßride of Bluffton, addressed the Y. P* 8. C. Ein this city Sunday evening. Recorder Harruff is entertaining r.is brother from Marion, Ohio, who will remain for a week or two. For Sale—A neat cottage house in Berne, Adams county. Price S.IOO cash. Call at this office. Richard Dick Hartford, of Portland, was shaking hands with his numerous friends here Tuesday. Dyonis Schmidt has been abed for a week, the affliction being nothing more or less than quinsy. Geneva attorneys were nuiuerouin court this week, holding up their end of some important suits. The Immortal J. N. is now located in Illinois where he lifts the j pressure with his old time velocity. The case of Milo Wilson vs the Chicago & Erie railroad, has been continued to the next term of court. Judge Dailey, <>l Bluffton, was in court Tuesday looking after court cases in which he is interested. For a cup of coffee “like your mother used to make” go to the People’s Bakery, opposite court J house. Harlo Mann and family moved | to their fam in Monroe township last week and are now full-fledged farmers. Just received several bags of choice medium or small clover seed for sale at a reasonable price by J. I). Hale. Mrs. Catherine Eady will make her home at Huntington for the present, and left for that place Saturday. Judge J. S. Dailey of Bluffton, was in the city Tuesday and rendered judgment in the Madison street case. Diphtheria is raging in Greentown, Indiana, to such an extent that the board of health have quarantined the town. The case of John R. McCollum vs Patrick C. Kelley et al was tried in court Monday and decided in favor of the plaintiff, who was given judgment for $49.50.

WHAT YOU SAVE IN BUYING MUSLIN®--UNDERWEAR Yosj"sAVe THE WORK, the sewing, which is money saving to you: because experts bought the muslin, the trimings, and overlooked the cutting and making. W<- buy direct from the largest manufacturers and at a very low price, nnd loan than yo < can afford to make the same garments.

NIGHTGOWNS . . . At 60c. Gowns made of good muslin, good full sizes, large sleeves, 68 in. long. At 76c. Empire Gowns, embroidery trimmed, full skirt, large sleeves, 68 and 60 inches long. At 98c. Tuck Yoke and Empire Gown, embroidery edge, made ofgood muslin, full skirt, 69 and 60 inches long. At $1.26. Empire Gown and embroidery and inserting yoke, made of “Fruit of the Loom" muslin, full skirt, and 68 and 60 inches long.

The wise women who are buying have learned that Homemade Muslin Underwear IS NOT ECONOMY. Jshn & W. H. Niblid, Exeoxitors.

Enoch Eady and family moved to Fort Wayne Saturday, where the former haw a position in a foundry. Farmers, when in Decatur, go to ' the People’s Bakery for a g<»od meal or lunch, opposite court house. J. W. Place and wife entertained to dinner Monday evening J. T, France and wife and H. L. Conter I and wife. R. W. Morrison and wife of Marion, were here Sunday visiting the latter’s home, that of Judge ' Studabaker. Mr. and Mrs. A. L. Devilbiss will entertain a number of their friends at their commodious Second home to-night. If you have tried to have your eyes fitted and have failed, give me a trial, I have different glasses than you ever saw. Misses Lena and Emma Weber of Fort Wayne, returned home Saturday, after a pleasant visit Mrs. H. M. Romberg. It not only is so, but it must l>e so, One Minute Cough Cure acts quickly, and that’s what makes it go. W. H. Nachtrieb. Communications from Monmonth Linn Grove, French township and Lonesome Joe, were unavoidably crowded out of this issue. Rev. Thomas 8. Suleeba will lecture on “Armenia"" an Berne Monday evening, February 24. No admission will be charged. Rev. Hazelton of the Baptist church, filled the pulpit at Bluff ton Sunday, while Rev. Hicks of that place did likewise here. Michael McGriff of Geneva, was here Saturday. He just recently I recovered from a few week's sickI ness which sorter pales him up. In order to correct a statement that I had withdrawn from the race for auditor, I would like to say through your paper that I have not. Wm. Erwin. Montpelier is happy over the location of a steel plant that will employ 200 workingmen, and a shoe factory of a similar expansive nature. Rev. Nave, of Huntington, made an address at the Presbyterian church Monday evening, which is reported to be both interesting and instructive. The circuit court has granted a divorce to Rosa Baker with ali mony in the sum of S2OO. She was also given her maiden name, Rosa Blowers. An elocution recital by Estella Ford will be given at the Concord church near Monmouth on next Monday evening. A general invitation is extended. R. K. Allison and George W. Bolds left Monday night for Colo ratio Springs, Colorado. The trip is mixed up with pleasure, sightseeing and business. Amos Sprunger of Berne, is now a reader of the PRIXS, he having reached the derrnination that life wasn’t worth living without it. He was in town Monday. Piles of people have piles, bat DeWitt’s Witch Hazel Salve will cure them. When promptly applied it cures scalds and burns without the slightest pain, W. H. Nachtrieb.

-«AN open letters Any farmer or other citizen buying either Staple or Fancy GROCERIES, and who sometimes lean in dealings toward these wholesale fellows who travel through the country, we propose and will duplicate at our store any order they may propose to you. They occasionally sell you staples at cost, and charge you 60 per cent, profit on other goods. Wo can BEAT THEIR PRICES and save you the freight any time, and if you don’t believe it PRICE THE GOODS. FLANDERS &, MILLS. GILT EDGE GROCERY. USE STENGEL CROC’S SUPERIOR * CONDITION * POWDERS FOR HORSES, CATTLE AND HOGS. TAKE NO OTHER AS A SUBSTITUTE. FOR SALE BY Stengel & Craig, WEST MAIN ST. BERNE, INDIANA

Roy Bottenberg was given $lO and costs in Esq. Hill’s eouri yesterday, for assault and battery. George Zimmeiman staid the docket. There are unclaimed letters at the postoilice belonging to Jane Jacobs, Margaret Jacobs. M. Ever hart, Lizzie Haster, <’. T. Bergman and David Steele. John Christen, jnn., of Monmouth, was a cash caller at this office Monday. He reports the old land mark of Monmouth as flouring in its usual happy strain. Marriage licenses have been issued this week to Walter L. Thorn hill and Etntna J. Armstrong, Dav id C. Baker and May Butcher, Charles M. Fetters and Clara C. Eyanson. Mrs. Allen Taguey of Chicago, John Fitzgerald ami daughter and Mrs. Will Fitzgerald and daughter of Fort Wayne, and James T. Dailey and wife of Bluffton, were here Monday at tending the funeral of Miss Julia Fitzgerald. Quick in effeet, hea's and leaves no soar. Burning, scaly skin eruptions quickly cured by De witt’s Witch Hazel Salve. Applied to burns, scalds, old sores, it is magical in effect. Always cures piles. W. H . Nachtrieb. Joseph Christman, one of Wabash township’s most enterprising farmers, wasacash up caller at this office Monday. While he isn’t in the direct route of the new electric line of railway, yet he favors it. 1 He cwme up as a witness in court.

WHITE SKIRTS . . . Are going to be one of the most popular garments this season, W" aro showing all the novelities in muslin—the new Umbrella Skirt, and embroidery trimmed skirts. Ask to see them. DRAWERS .... At 26c, 50c, $1 00, and $1.25, cut wide, open and closed. The new Umbrella drawers are the most popular. Call in and see them.

Bluffton has a factory that makes a patent foot cleaner. They have lyetto learn over then* that it is rulable to take a bath oi ea. ii nally. Miss Victor ia Stone of Fl. Wrn ne and Mrs. Cora Koerber cf Chicago, visited a'/ the home of R. D. Pati terson several days the first of this week. The circuit court today is wrestling with the civil suit of Shot man Mott vs Dtii biu. The testin’ my in I his cast can't be d u plica ted; patent applied tor. Mrs. Fred Schsft r fell y*-.-<erduy, I breaking her left arm 1" low the elbow. It was and is yet quite | painful. Lr. Boyer dress*-.i and set the broken bones. Charles Neuensch wander and [John Ogden, two patriotic spirits lof Monroe, are combing up their i patriotism wih a view of joining the regular army. They hid our ('.ipt.tiu Miller i.ndet an anin ated ! cor.'filiation not later thia h - morning. Mrs. 11. A. Fristoe will pea a Ladies Fashion Empori over Natchtrieb’s drug store i.' 'h 2. ill do first-class work in 1 <*•,'Jon ablt* dressmaking and keep in stock all kinds of furnishings necessary to making of dresses. V ill also j have a plain sewing department where will be furnished ready made j wrappers, dressingsacqties and underwear, or any kind of plain sew i ing done to order. Especial utten tioi: will be given to teaching j system and the art of garment cut ting. 70t2