Daily Democrat, Volume 2, Number 282, Decatur, Adams County, 8 December 1904 — Page 1

VOLUME II

NO ELECTION HELD

County Superintendent Brandyberrv Withdraws Resignation

SHORT MEETING County Attorney Lutz Renders Opinion The Short Campaifn Ends With No Election Belns Held. The election of a county superintendent to succeed Irvin Brandyberry, 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 This presented some discussion as to whether or not a resignation could be withdrawn.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 trustees of Adams county; Gentljmen: I beg lerve 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 suparintendent of Adams county, which resignation so filed contained the provision that the same would take effect at 10 o’clock a. m., 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 writti n withdrawal of St*id resigna tion. Opinion —The resignation ten dered by the officer in question is prospective, that is, it is to take effect at a future day, and no va cancy occurs until such time arrives A prospao’ive resignation may te withdrawn ary time before it is accepted. 10 Ind. G’.—Where an officer tenders his resignation to the proper jierson to receive it to take effect immediately, he cannot then withdraw it.

43 Ind. 107.—1 n the case of McGee ex rel Axtell, which is upon (he question of the resignation of the county superintendent, the court says: "The time having arrived at which eai d resignation duly tendered was to take effect, no withdrawal having meantime occurred, and the school trustees having met and appointed a successor no formal acceptance of resignation was necessary." From this authority it would seem that an officer may withdraw his resignation at any time before the date fixed in the same for its taking effect. In the case of Leech vs Wysor. 78 Ind. 570; the court holds: That where an officer files his resignation to take effect at seme future day the common coun cil of a city may accept such resignation and appoint asuccessur,

The Daily Democrat.

even before the time fixed for taking effect of such resignation. The question here presented is not free ot difficulty, but from the limited time given me in which to give an opinion upon this subject, I am of the opinion that in ctses 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, Geoige H. Laughrey, Harvey Oplinger and E. 8. Christen. The reason assigned by Mr. Brandyberry for the withdrawal of his resignation, was that advice from the state supreintendent of 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 dur ing this time he, Brandyberry, would have to serve as County superintendent. That; he was anxious to be relieved, but not in this way. The Democrat interviewed 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 suoh a special examination is questioned by some, although the ability and qualification of Mr. Laughrey is of the best. E. 8. Christen is a graduate of the State Normal and also holds a three years’county license, and-Harvey Oplinger holds a three years' county license.

MRS. HOLMES DEAD Mother of Mrs. Hale and Mrs. Craig Wdj Visitin'* With a Daughter at Bluffton—Her Death Was Sudden. Grandmother Holmes, mother of Mrs. John D. Hale and Mrs. W. J. Craig, of this oity, died last night at the home of a daughter, Mrs. L. 8. Kapp, at Bluffton. Mi a. Holmes was about eighty five ye»rs old, and her death was caused by infirmities, though the end was quite sudden, the relatives here not knowing of her serious illness. She was one of the pioneers of Adams oounty. first settling in Hartford township on the Solomon Moses farm. Her home for some time has been at Portland, but she recently went to Bluffton to sjiend the winter with her daughter. She was a splendid lady, loved devotedly by the many who knew her. Her remains were taken to Portland today, where the funeral services will be conducted tomorrow. A number of the relatives and friends from this county will attend.

DECATUR, INDIANA, THURSDAY EVENING. DECEMBER S, I<IO4.

THAT LINE Mirlon Tribane Say New Interurban Will Run to Lina. The Marion News Tribune says of the petition presented yesterday by A. L. Sharpe for a franchise through Grant county: “The petition of the Interstate Traction company, which was filed with the county commissioners, asking the right to run its line through Grant county, taking in the towns of Landesville and Van Buren, and having the city of Marion as its western terminal and Lima, Ohio, on the east, was granted yesterday at the meeting of the commissioners in the court house. The fare here to Landessville must not be more than ten cents; the fare from there to Van Buren must not be more than five cents, and the fare from there to the county line shall not exceed five cents. On no part of the company’s line shall the fare per mile exceed two cents. The company must not cross bridges already constructed by the county but must build their own crossings. These provisions, however, probably will work no hard ship with the proposed line, since it was the wish of the corporation to run its lines parallel with, but not on the highways of Grant county. As to the rate of fare, it is believed that the charges specified by the commissoners are as large if not larger than those that would have been made by the company. COURT NEWS Botkin’s Saloon Case Heard Jury Reported This Morning—Motions In Various Causes—Land Ordered Sold.

The first case called in criminal Court was the one entitled State vs L. G. Botkins, selling liquor on Sunday, appealed from justice of peace court. The jury was empanelled and the trial is still in progress. J. C. Moran represents the state and S. A. M Butcher and Schafer Peterson, the defendant.

Fred Scheiman vs William DoehrI man, suit on account and check, appearance by L. C. Davoss for defendant. —o— Samuel Barger vs George W. Drum, Sr., et al, answer and cross complaint filed by George Drum, Jr., Joseph Drum, and Henrv Drum, submitted; finding for plaintiff on note. Judgment for *364.59. —o— Acea B King vs Philip S King, divorce; answer to complaint filed by prosecuting attorney. —o— Marion Devinney vs Rose Detvinney, divorce; defendant ruled to answer. —o— In probate court George W. Martz, guardian for Cov Martz and four others, filed a petition to sell real estate. Appraisers word appointed. Sale ordered, reported and deed approved. FILES REPORT. Among the officers’ reports filed at the auditor's office, and approved by the board of commissioners, is that of sheriff, which shows amount collected for fees *4, fees taxed *77.30, deeds *l, total *83.20; clerk—civil cases *272.81, probate *9.93, marriage licenses *l2O, criminal cases *l3, other licenses *l, transcripts *3.45, certificates *26.75, insurance *l. naturalizaion *B, total *525.91. The bond of Cary D Low ton as auditor eloet, was approved

NOT FATAL Robert Falk Seriously Burned His Life Saved by His Mother's Presence of Mind How the Accident Happened. Robert, the four-year-old son of Mr. and Mrs. John Falk, who reside just east of *he city, near Setele’s park, was quite badly burned yesterday 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 pres ence 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, put ting 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 suffering untold agony. Mr. Falk procured the services of D’ - . C. S. Clark and hurried home. The d'ctor at once stripped the hoy of hi« clothes, the skin coming off in several places as the clothes were drawn from him, and immediately used the proper remedies, soon having the little fellow bandaged up and feeling lietter. 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. DOCTORS MEET Interesting Paper by Dr. MtMillen— Offices Eleele’. • The A<l ims County Med cal so:C sty met last evening in regular session with Dr. P. B. Thomas. The meeting was well attended and a very interesting paper was read by Dr. W. W. P. McMillen. After the reading of the piper a general business meeting, was held, at which time officers were elected for the ensuing years as follows: Dr. J. 8. Bovers, president; Dr J. M. Miller, vice president. jj r p p Thomas secretarv and treasurer and Dr«. C. 8 Clark, W. W. P McMillon and H. F. Costello, board of censors. The programs for the ensuing meetings that will be held up until the July vacation were made out, so as to give those who have papers, more time to prepare them. Taking everything into consideration, the meeting was one of the best ever held by this association. Miss Anna Winnes has received a small savings bank from the Masonic headquarters, to lie used and pl toed in the local Masonic hall for contributions, that members of the Eastein Star and Masonic lodges may desire to give for the benefit of the now Masonic Home that is to be built in the near future in this state.

IS ON TRIAL Daniel Faces Jury for SHootlng Monroeville People. Daniel P. Tuigg, the collector for Collier’s Weekly, who shot and injured three men on a Pennsylvania train near Pierceton on Monday evening, Octorber 10th, and who has been confined in the Kosciusko county ja.il for the past six weeks, is on trial in the Kosciusko oircu $ court, charged with assault and battery with intent to kill. The defense, will attempt to prove that Tuigg is insane and should be sent to an asylum instead of the penitentiary. It is thought that the prosecution will try to show that Tuigg is of sound mind and accountable for all hie deeds. An insanity inquest was held some time ago and Tuigg was declared to be sane, and the trial practically hinges on tne question as to wheth er he was but temporarily deranged from drink. The three men whom Tuigg shot—William Peck ham, of Fort Wayne, and Carl Peckham and George Gault, of Monroeville—have all recovered from their wounds.

COUNCIL MEET Continued Session Held Last Night The Nmtman Acdition to be Replatted and Opened for Sale of Lots. The city “dads” held a continued session last evening, to dispose of some routine business. Mavor Coffee presided, and Teeple, Fordvee, Gaffer and Kirsch were present Mr. Hanna, of Fort Wayne, presented a petition, asking for the vacation and replating of the Nut man addition to the city. This land is located in the northwest ptrt of the city, and will make a beautiful addition. It is understood that the lots will be placed on the market next spring. Mr. Hanna's application was referred to the proper committee. The bill of J. H. Davis, *30.40, for cement sidewalks was allowed, as was also a bill of *1 to C. O. Miebers ' for hauling the hose wagon to a fire. The purchasing committee were authorized to purchase two Andrews' nozzles and a hose expand er. The council adjourned to meet this afternoon in continued session, when the electric dynamo and engine prop i-irion will be discussed. HURT BY FALL I — MBs Dutcher Receives Broken Collar Bone While at Play. Miss Dutcher, the fifteen year old daughter of Mr. and Mrs. George Dutcher, who reside east of this oity had the misfortune at noon yesterday to break her collar bone. School had tieen 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 agony. She informed her parents of what had happened. They brought her to this city and her injuries were dressed by Dr. P B. Thomas, who stated there was nothing serious tn the injury

NUMBER 282

FOR BURGLARY “Hub” Evans is Wanted at Portland Broke Into Business House—A Reward is Offered for His Capture The city and county officials for this city have been notified by the sheriff of Jay county to be on the lookout for John Evans, commonly known here as " Hubs,” as he was wanted at Portland for burglary. The offense was supposed to have been committed a week ago, when several houses and places of business were broken into and a large amount of goods stolen. On one occasion the night watchman getting a glympse of the buiglars and identifying Evans as one of the men. “Huhs” was at thaj time making his home at Portland. The next day when the ott'oers went to make the arrest he had flown for parts unknown and has not been heard of since, although a systematic search had been made for him. The officers state that they want him. and want him bad, ard have offered a reward for his capture The officials here believe they know where to locate him, and will make an effort to arrest him for the Jay county people. ‘Hubs” while living in this city never bore the best reputation, yet he was never accused of stealing —his worst habit beine drinking.

AT WORK Clover Leaf Resumes Work at the Delphos Shops. After remaining quiet for a long period, activity will commence at the Clover Leaf shop* tomorrow morning. Foreman Ollie Rissiiet has received orders from head quarters to commence work again, and he has been scouring the country for boilermakers and machinists. He says boilermakers are scarce, but thinks he will have a respectable force at work in a week or ten days. There is enough machinery in the shops here to keep a large force of men at work A blacksmith shop has been rigged up between the office and engine room. It is rather small, but will I answer the purpose. A portion of the engine and other rolling stock on the road is tadly in need of rep tiring, and Mr. Rossilet looks forward to quite a lot of locomotive repairing being done in the Delphos shops in the future.—Delphos Herald TO-NIGHT'S SHOW “Old Arkansaw" at Opera Hoose-Be So’e and See It. Mr. Raymond had a scene painter with him during his stay in Rogers and Bentonville and the artists had been a Union soldier. He was more or less inclined to talk, and one day got into quite a heated argument with an Arkansan who bad fought with the Confederates. They were discussing the valor displayed by the respective aides during the w»i. “Well," said the scene painter, finally, “wo whipped you anyway " “Yes," answered the Southerner, "but according to the pension re ports we wounded every man of you that got out ailve " See “Old Arkansaw " at the opera house to night.