Evening Republican, Volume 17, Number 106, Rensselaer, Jasper County, 3 May 1913 — Page 1

No. 106.

WILL TAKE APPEAL FROM LOWER COURT

Suit Brought by McGee Against Stockton to Hav« Legal Point Decided in Higher Court. The suit of Landy McGee against Jay W. Stockton and others, for damages for injuries sustained by a fall from a third story window of the Makeeyer Hotel, while attempting to come flown one of the rope fire escapes, came up before Special Judge Berry, of Fowler, on Wednesday. The plaintiff ha,d filed two paragraphs of- complaint, the first on the theory of the recent employers liability act, and the second on the theory of the common law liability of a master for injuries to a servant. The court held the first paragraph of complaint not good, that is, if the matters alleged in it should be true, the law would not entitle McGee to recover. The court then held the second, paragraph of complaint good, that is, if the facts alleged therein are tftie, then the law would uphold the recovery of a judgment. The defendants then filed separate answers ,to the second paragraph of complaint, setting up the claim that McGee had signed a certain contract, whereby he agreed to do the work for the sum of $12.00, and as provided by the acts of 1909. The acts of 1909 say in substance that the owner of the hotel or some one at' his direction shall test the rope fire-escapes by descending the same.

The point of contention in this case is whether or not McGee assumed the rick of his employment. The complaint is on the theory that he refused to make the descent until assured by defendant that the chain attachment to the rope was safe and that Stockton did so assure him and that there was nothing in the appearance of the fireescape that would indicate apparentdefect and that McGee had a right to rely upon the representations of Stockton. But the supposed contract would indicate that McGee had agreed to assume the risk, and whether or not the contract, if actually signed by McGee, would bar his action, is to be determined by the supreme court.

McGee will appeaHrom the court’s rulings in holding' the first paragraph .of complaint bad,ahd in holding that the contract would bar his recovery. - This is what may result. If the supreme court should sustain the ruling of the tower coiurt in everything then the case will come back to this court for trial and it will then be up to the defendants to prove the contract upon which they rely. If the supreme court should reverse the lower court and hold the first paragraph of complaint good, and the second paragraph bad, then the contract would not 'be an answer to that paragraph of complaint, being based upon the employers liability law. If the supreme court should sustain the tower court on its ruling holding the first paragraph of complaint- bad and should also reverse the tower court in holding the second praagraph of complaint good then McGee would have no cause of action, otherwise the case will get back to this court for trial, but probably not before a year or more. The object of taking an appeal at this time is to decide the legal propositions by the higher court before the case goes to trial so that there will be little chance of an appeal after trial, which ever way the case might‘be decided by the jury.

A Classified Adv. will sell It.

Cool and Cozy H You're in for a pleasurable time if you seat yourself at one of the tables in our ice cream parlor and order a dish of our cream or fountain specialties. They are refreshing, palate pleasing, healthful and nourishing. Many flavors to choose Soda.fountain drinks of all kinds. Fine candles. A restaurant that wants your business and promises to satisfy. Lots and lots of good things to eat on our lunch counter at all times. Good steaks, coffee that’s coffee, good cigars after it is all over, and above all, first-class up-to-date service always, at FATE’S “The College Inn” ■* - ... ■ '* • #* y

The Evening Republican.

FORMER KENTLAND MAN NOT DIVORCED

Wife of George Ade Davis Thought Kisses and Not Bull Dog Proper Greeting From Him. George Ade Davis, formerly of Kentland and Brook, formerly of name Sake pf his illustrious uncle, George Ade, has for some time been the manager of the Studebaker theatre in Chicago and recently his wife sued him for divorce, alleging mistreatment. The case was tried by Judge Kavanagh, who refused to grant the divorce, saying that Mrs. Davis was a fine, young girl with an artistic temperainent, but too sensitive. He did not think that she was entitled to a divorce but ordered hes husband to pay her S7O a month alimony for separate maintenance. Mrs. Oavis was peeved because George did not kiss her when she was returning from New York City and he met her at the LaSalle street station. He presented her with a bull pup which he had paid SSO for, but shunned the “bus” for which her lips were parching. He said he did not believe in even kissing one’s wife in public. -Mr. Davis said his wife objected to his hours of work, which kept him at the theatre until 12 o’clock every niglpt and many of the afternoons. She was suspicious lest he fall a victim to some chorus girl but she could substantiate no charge of that kind. She wanted more of his company in the evenings and the afternoons or else a divorce, and she got neither. Mrs. Davis is a painter of miniatures and a graduate of the Art Institute. ”

LITTLE DEMOTTE GIRL PASSED AWAY

8-Tear-Old Daughter of Will Wells Died at Home of Grandparents Friday Morning. Hester, 8-year-old daughter of William Wells, of DqMotte, died Friday morning at the home ot her grandparents, Dr. and Mrs. L. N. Wells, after a sickness of fever, not positively determined to be typhoid. At the time d!**ffler death and for several days before her aged grandfather lay very low with pneumonia and Dr. E. C. English was called there in consultation with another doctor to see him. He did not administer to the child but saw her and realized- that her condition was very critical the day he was tßere, Wednesday. Dr. Wells is thought to be some better. Little Hester was sick about two weeks and her death is a great shock to the grandparents and the father. The funeral is being held this Saturday afternoon and is being attended by Attorney A. Halleck and children, Lura, Charles and Harold, of Rensselaer, and by Mrs. Chester Besse, of Remington, all of whom are related to the Wells family.

Something That is Entirely New in the City.

For all who have corns, bunions, callouses and bad nails of any kind, should see Chas. F. SewelT, “a thorough chiropodist, at the Rensselaer Hotel. He is prepared to remove the'above complaints without the use of medicine of any kind and without pain, pulling your shoes right on in comfort. Either call or telephone 151 at the hotel. Office hours, 7 a. m. to 9 p. m. Calling hours, 2 to 5 p. m. Sunday from 7 a. m. to 5 p. m. Prices for work, 25c a corn; 50c a bunion.

A WORD TO THE WlSE—Don’t buy your new suit until you have seen our line. TRAUB & SELIG. f , ...... The men, young or old, should see Roberts’ buggy stock. These buggies are fine lookers su, well as good goods. O. A. ROBERTS.

Entered January 1, 1897, as second class mall matter, at the post-office at Rens-selaer, Indiana, under the act of March 3, 1878.

John Biederwolf was in Elwood recently and while there met a member of the electric light committee that installed the boulevard light system in that city. There were 26 posts used and the entire number ready for the current to be turned on was $l,lOO. A five light post complete was figured at $42.50. The center or top light was 100 candle power, the other four of the cluster were 60 candle power.—Monticello Journal. This style of lights for Washington street have been proposed a number of times and could be installed at a cost not very much greater than will be entailed by expending arc light wires on River street, a distance of about three or four blocks to install one arc light for "the benefit of three or four families, which, by the way, is causing a great amount of criticism by taxpayers and citizens generally, as there are many parts of the city that need fights very much more, and to whom they have been “promised” for a tong time.

RENSSELAER, INDIANA, SATURDAY, MAY 3, 1913.

JEFFERSON HUB GAVE A SMOKER

Members and a Few Friends Spent the. Evening Playing Seven-Up, Singing and Eating. The Jefferson Club, a well-con-ducted social organization for young men, entertained at a smoker in the club, rooms in the K. of P. building Friday evening, about twenty members and seven or eight guests being present. The evening was spent playing progressive seven-up, listening to music furnished by several of the members and in participating in.a luncheon served by Caterer Fate. Moses Leopold, Zern Wright end Charles W. Matthews tied for nigh score, each making 88 points, and in the cut Matthews won, and was awarded a deck of fancy cards.

ED OLIVER PROMOTING ANOTHER RAILROAD

Indianapolis Dispatch Says Articles of Incorporation Have Already Been Filed. A dispatch from Indianapolis says: The Elgin Terminal Railway has filed articles of incorporation with the secretary of state, with a capital of $60,000, to operate a railroad on the north line of Laporte county to some point on the state line between Indiana and Illinois, and passing through Lake, Laporte and Porter counties, a distance of 57 miles. The directors are Ed Olivci, Rensselaer; S. T. Shope, C. D. Marshall, Elmer J? Binford, C. A. Wilson, D. C. Dunlap and D. Jamaison, all of Chicago.

What It Will Cost to Install Boulevard Lights.

Battle Between Mud Turtle And Clam a Zoological Study.

J. S. Moon this Friday morning found a peculiar battle being waged between a mud turtle and a clam. He was walking along the river bank and saw the clam partly out of the water. It moved upward and attracted his attention and he found that it was attached to the lower jaw of a mud turtle. At first it was thought the turtle was eating the clam, but a more careful examination disclosed that the clam had closed its shells firmly on the lower jaw of the turtle. How long the battle had been waged or how long it would continue no one knew, but to all appearances the clam would hold on until the turtle had starved itself to death, as It could not eat with the clam attached, neither could it close Its mouth. The turtle seemed quite weak, probably from hunger. Mr. Moon brought the attached animals down town and exhibited them to quite a number of people and it is probable that they will be taken to the schools to show the students this peculiar study in zoological combat.

Leave Orders for Vines And Plants With Holden. e . I have on hand planty of vines for porch boxes and trellises, also Klenty of plants for flower beds, oxes, etc., including several thousand geraniums. They will be ready to go out on and after May 6th. Call at the house, 2 blocks hofth of the cemetery. J. H. HOLDEN. . Wje are selling a large number of buggies and carriages. Why? Be caiise we have the goods and our prices are right. HAMILTON A KELLNER.

GETTING READY FOR ALUMNI BANQUET

Executive Committee Met and Appointed Committees for Annua)/ Function May 30th. The executive committee of the Rensselaer high school alumni association is making preparations for the annual banquet at which the graduates of the class of 1913 will be their guests, The banquet will take place at the armory the night of'May 30th and will be the concluding event of a busy week for the graduates, the other events being the class day exercises,- the graduation and the junior reception. The following committees were appointed: Finance—Delos Dean, Carl Duvall, Maurine Tuteur, Marguerite Irwin, Emmet Laßue, Eva Maines, Edna King. Program—Ethel Perkins, Helen Lamson, Ross Dean. Refreshments—Mrs. Oren Parker, Mrs. Frank Kresler, Maud Daugherty Decorations Kenneth Allman, Don Beam, Martha Long, Muriel Harris, Esther Padgitt. Music—C. Arthur Tuteur, Rex Warner.

Some Other Suggestions About Beautifying Rensselaer.

Other suggestions about the beautifying of Rensselaer are welcome to The Republican, as, we feel sure, they are ,to all the people, of the city, for in this respect what helps one helps all. If jrou have any ideas don’t hesitate to express them. One citizen, whose wife had taken a great deal of interest, in a hyacinth bed, reports that vandals stole the flowers. In three days practically all of a splendid bed had disappeared and it was very disappointing to those who had worked so earnestly in.their cultivation. He suggested that we appeal to the honor of people and urge that they hold themselves above such actions and also recommend that officers be given the support of the civic federation in prosecutions for flower thefts. He is right. It is a sore disappointment to cultivate flowers for some one to destroy and whether children or grown people, they should be punished. Last year many flowers were stolen by youths from St. Joseph’s college the day they went to their homes at the close of the school year. Reports of vandalism came from all along the route traveled, They should be given a caution by the instructors this year, and if necessary warned by officers. Possibly there are none attending college this year who would commit the acts of last year, but the warning will not be amiss. Another suggestion is that College avenue be opened up to the north, at least to the Monon right-of-way, thus permitting vehicles, automobiles, etc, to enter and leave by the west side of the station, and making it possible to go along the driveway at the depot from one street to the other. This would not cost very much and would work a big advantage to buses, drays, and all vehicles that go to the depot, as they are now compelled to turn around in order to get out. Another advantage is the fact that it would divide the heavy hauling between the Forest and Cullen route and the College avenue and Van Rensselaer street route. It would pay the committee on streets and alleys of the council to investigate this suggestion.

Remington Now Has All Day Electric Service.

Remington Press. Remington has for the first time in Its history been enjoying an all day electric service since yesterday morning. The public service company had a bunch of men here yesterday, who made the last changes in the transformers to regulate them to the new current. The switch was thrown in and the people have been able to have light at any time of day. So far the service is -very satisfactory.

Civil Service Examinations For Fiold Service Positions.

Examinations for positions in the field service of the United States, which includes deputy collectors of internal revenue and deputy United States marshals, will be held in the near future—the time to be announced by thg district secretary at Cincinnati, at the following places in Indiana: Bloomington, Fort Wayne, Indianapolis, Lawrenceburg, Richmond, South Bend and Valparaiso. This announcement Is made by direction of the eivflhservice commission, the above officer being under the classified service.

DANDY DIXIE BIG MINSTREL JUBILEE

Still Another Show Coming to Rensselaer—Two-Car Minstrel Show Here Saturday. / V;' y- * ' " J. K. Vetter, a hustling advance agent, was here this Saturday morning and made arrangements for the appearance here next Saturday evening of the Dandy Difcie Big MinstreLJubilee, a tent show that travels in two special cars and carries thirty-seven darkies that are claimed to be real artists in fun making. Mr. Vetter contracted for advertising space, bill-boards for lithographs, secured a license and rented grounds. He says that the band will give a parade the evening of the performance and that the tent will certainly be packed here as it is almost every place the show is given.

Reward Offered for the Arrest of Former Citizen.

Chicago papers report that detectives there are searching for Alfred W. Hopkins, formerly engaged in the loan business and president of tbe National Brokerage Co. A reward of S2OO is offered. A charge of larcency has been sworn out by E. J. Ranch, of 408 West Sixty-Third street, who alleges that he lost SSOO. Alfred Hopkins was raised in Rensselaer and is a graduate of the Rensselaer high school. Reports of his disappearance from Chicago and allegations of embezzlement have been reaching Rensselaer for several months. It is presumed that his business suffered reverses when Chicago newspapers and officers got after the loan sharks about two years ago and he was mentioned at thtot time as one of the men that was being investigated.

Joe Larsh Bought Drug Store 13 Years Ago.

It was just 13 years ago Friday that Joe Larsh arrived in Rensselaer and jusL IJ years ago today that he bought the drug store of Frank Hunt.

WEATHER FORECAST. Showers and thunderstorms tonight and Sunday; cooler Sunday.

ELLIS THEATRE One Week—Starting Monday, May 5 - nfc JH WEE? * Lanham’s Lyric Players In a New Repertoire of COMEDIES AND DRAMAS Opening Bill Monday Night “The Gold King” Two complete performances each evening. The first show begins promptly at 7:30 o’clock. You can come as late as 8:45 and see a complete show. -Positively no price higher than 10c for any seat. Reserved seats now on sale. See a High-Class Company at Bargain Prices. All New £nd Special Scenery for Every Bill We Produce. Complete Change of Plays and Specialties Each Day THE BIG TEN-CENT SHOW

HOUSE AT NEWLAND DESTROYED BY FIRE

Four-Room House Belonging to Mr P. Halgren and Tenanted by Bert Hale Burned Friday. A 4-room 2-story house on a farm belonging to M. P. Halgren and tenanted by Bert Hale, the first house east of the town of Newland, was destroyed by fire Friday afternoon at about 3 o’clock. Thos. Callahan is the agent for the owner and happened to be at Newland at the time the fire was discovered. The Hale family were away from home. The fife was issuing from the roof and soon enveloped the entire house. Only a few of the tenant’s household articles were saved from the first floor, the bedding and all the clothing except what members of the family had on their backs, being burned. There was S4OO insurance on the house and it is also understood that Hale had his household goods insured.

Warning About Cows.

Cow owners are warned not to stake their cows where they can get across streets or alleys or on sidewalks: also that they are liable to arrest if cows or other stock gets loose and causes damage to gardens or other property. There has already been some complaint and stock will be taken up and arrests follow neglect to observe the law. CITY MARSHALL.

It’s a-tase of the same old story— EVERY KNOCK IS A BOOST. When a competitor starts “Knocking” tactics he evidently realizes that he will have to “go some” in order to head of! the trade that is flowing away from his doors. Join the many who have learned to get VALUE RECEIVED, at our store. TRAUB & SELIG. A line of Single Buggy Harness ,* has been sold for several years with Robers’ high class buggies, and the quality of the harness is the same quality as his buggies. On Front Street, Rensselaer, Ind. Buy your Clothes from TRAUB & SELIG and SAVE MONEY.

VoL xvn.