Greenfield Republican, Greenfield, Hancock County, 5 September 1895 — Page 2

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THE GREENFIELD REPUBLICAN

PUBLISHED KVEKY THURSDAY. the Fostefficea* VOIj. 16, Mo. 36 Entered at coad-claM mall mutter.

W. 8. MONTGOMERY, Publishrr aod Proprietor

Circulation This Week, 2,725

SOME one remarked that with Johuson and Watson in this Congressional dis irict Hancock county had a splendid double team. They go well together this year, but next year positions will change as they will have to go tandem. Each ®ne, of course, desires the front position.

THE Mayor of Chicigo has very properly forbid the Socialists of that place t) carry the "red flag" next Sunday when they have a celebration there in honor of Keis Hardy, the London Socialist. That id rjL^ht. There is room in this 'country for but one flag and that is the Star Spangled inner. LOQJJ may she wave.

THE Stnte Supreme Court was to have met the 27th, it is presumed, to decide the County Superintendents' case appealed from this county, but. the ilJness xf Judge McCabe prevented. The court is called for Friday, when the case rt'iil probably come up and be decided. It is well to settle the case before next Monday, as that is the day appointed for the trustees to elect new Superintendents. We are incliued to think the law will be held constitutional and all right.

TIIE Good Citizens' League, of Knightstown, hits secure! a majority of the voters of Wayne township—4o9, to sign a re monstrance against W. P. Adams, being granted license to sell liquor in Knightstown. In Madison county the reir.rmstrators have secured a majority of the yoters in Stony Creek, Fall Creek and Green townships. Those townships include the towns of Fishersburg, Lapel, Pendleton, Hunt-sville and Ingalls. The saloon and Liquor^League of this county 77i.ll make a fight for the applicants.

THE accidental killing of his mother by John Wrennick at Morristown Tuesday •'.]Is up the fact that the law against carrying deadly weapons is not enforced. Too many young men carry revolvers and when not being carried they are left around the house and many a distressing accident occurs. When men are brought before Justices and Mayors charged with earrying deadly weapons they should receive the limit of the law, which runs to $300 fine. Police officers should also be •promptto apprehend all people carrying such weapons.

THE Democratic politic.:1 leaders in South Carolina are .scheming, and by holding a constitutional convention propose to disfranchise the negroes in tbat state. Every negro who can be shut out without violating the United States constitution will be deprived of the privilege of voting. In Mississippi they have already been disfranchised. Now

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be arranged so that a state is only entitled to congressmen and presidential •electors only in proportion to the liumber ©f votes cast, the South would be shorn of much of its power. A vote by a Democrat there has always counted for from 2 to 10 times what a vote in the North jouuted. That wrong should be righted.

IT is reported from Muncie that all of the window glass factories of Indiana, 31 in number, are now in combination and will advance the price of glass. The entire out-put amounting to $8,000,000 will foe in the hands of F. F. Hart, of Muncie to sell. By such an arrangement last year the combine disposed of their stock at an 18 perc nt advance The workeis are to receive an advance of 10 percent. Indiana makes half the glass of this •country. A similar combination is to be made in the Pittsburg, Eastern Pennsylvania and Baltimore districts. There are sixty five window glass factories in the United States with an annual out-put of $20,000. There are 5,000 workmen in Indiana and work will begin about Sept. 21st.

•THE Tribune is worrying because some Sacks are required to pay $l.i5 license and others 25 cents. All hack drivers are required to have license but. no residents are charged $1 25 for the same and residents are only charged the fee for issuing the license. Ot'course hacks wear out the streets about equally, but as residents j)ay taxes to assist in keeping the same in repair, they s'i uld be requited to pay a hack license which would fce'a double tax. As nin residents pay no taxes here it is perfectly proper that fchey pay a hack license] to assist in repairing the streets. JToe REPUBLICAN is a believer in protection and standing bj iogj^jieople both city, county, State and National. The more successful, prosper©us, wall to do people you have netr you '^ihe batter it is for you. Wealthy people IT! who are enterprising are the* best people any commuuicy cau .have because their wealth enables tliem to furuinh abundant employment to labor and pay good wages.

Wualt-h alone however does no& make a good citizen, as frequently some of the wealiny men of a plaue are among its poorest citizens, as they lack public spirit and only care to add to their own file of gold, regardless of the condition •f others. One good public spirited terprising poor man is worth, a h&lf dok jhoggish, selfish rich men in a community, but give the same poor man wealth and the same public spirit aud enterprise and his power for good would be largely increase^ .^ .„

fir* Price'* Cream Baking Powder

TWO TO ONE DECISION.

SUPREME COURT DECLARES SUPERINTENDENTS' LAW INVALID.

.Iwrtjrw Howard Writes the Main Opinion and Judge Jbrriaii the Dittiienting One,

Indianapolis Journal. The Supreme Court Friday handed down its decision in the case affecting the constitutionality of the law passed by the last General Assembly changing the time of the election of county superintendents from June to September. The opinion was written by Chief Justice Howard, and declares ttaa law unconstitutional because of a defect in the title. Judge Hackney haudad down a concurrent opinion and Judge Jordan a dissenting opinion. The decision is based upon the fact that the titlp says the amendment is to the act of 1865, although it closes with a reference to the amendment of 1873, as found in Section 4424 of the Revised Statutes of 1881.

The case came up from Hancock county under these circumstances: On the 3d day of June, the time for the election of county superintendents under the act of 1873, amending the sut of 1865, the Democratic trustees of Hancock county met and selected Quitman Jackson to succeed himself as superintendent. Lawrence Bering, county auditor, refused to certify the name of Jackson to the State Superintendent of .Public Instruction, and suit was brought to compel him to do so. Boring, for answer to the complaint, set forth the vet that the last General Assembly had passed an act amending tbis Jaw so as to change tbe time of election to September, and therefore the election of Jackson was void. Jackson won tiie ctise iu thi? lower court, and au order was issued requiring the auditor to certify tiie name of Jackson to the S a'le Superintendent. An appeal by Boring followed. After reciting these facts the opinion proceeds:

The question to be decided is whether the act of March 9, 1895, is a valid law. Both parties admit that the title and the enacting clause are defective and the appellee insists that these defect*, under repeated decisions of this court, are fatal to the validity of the law, while the appellant argues that notwithstanding the defects complained of the intent of the Legislature is manifest aud that this intent has been expressed in substantial compliance wifc.'i the require ments of the Constitution."

The decision of the Supreme Court may have some technich'il grouuds to stand on, but when it comes to good sense, equity and justice, we fail to see any foundation. There was no doubt about the meaning or intent oI the law. Judge Jordon's dissenting opinion was very much better law it seems to us and more in accord with equity aud justice. He also quotes Chief Justice Hovvk as sustaining his opinion.

Iu the case of Clare vs. the State (68 Ind., 17), the amendatory statute considered by ths court, recited or declared in its title, and also in its enacting clause that it was intended to amend Section 74, while in fact it was intended to amend Section 36. This act was upheld. Howk, C. J., speaking for the court, on page 25 of the opinion, said:

INTERPRETING ACT. 'But we do not understand that this court is bound, in the interpretation and construction of a statue, to take the words used therein in their plain, exact and literal sense. On the contrary the rule is, and always has been, as recognized in many divisions of this court, to make the legislative intention in the enactment of the particular statute the chief guide of the court in its interpretation and construction. If the object, purpose and intention of the Legislature in the enactment of the particular statute can be fairly ascertained and arrived at, then it is the duty of the court to overlook and disregard all apparent inaccuracies and mistakes, and the mere verbiage or phraseology of the statute and, if possible, to give force and effect to the evident reason, spirit and intention of the law. This, we think, is the true and only safe rule for the guidance of the courts in all statutory exposition and construction, and as such it has been recoguized and acted upon by this court in a large number of its reported decisions.'

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said in Bush vs the City of India

napolis (120 Ind., 476): 'The power of the courts to declare a statute unconstitutional is a high one, and is never exercised in doubtful cases. To doubt is to resolve in favor of the constitutionality of the law.' "An act of the Legislature is not to be declared unconstitutional unless it is clearly, palpably and plainly in conflict with the constitution (Henderson vs. Stnte, 137 Ind., 556.) "It must not be presumed that the General Assembly of 1895 constructively kubw that Section 33, as it originally stood, had been amended and thereby superceded by Section 33 as amended. By means of the description, words employed in the title and act itself, actual knowledge was brought to that body of that fact. It cannot be presumed that the Legislature intended to enact an itvalid statute.

"It is well settled that a section of a law amended is incorporated into aud becomes a part of the original act, and stands as and fyr the 'original section on and after the date of.taking effect of the amendatory law. The section as amended does not appear in Section 4424,, R. S., 1881, aa Sectipn 2 of the amendatory act, bit as Section 83 of the act amended.

"While it may be admitted that the

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title of the act is not skillfully drafted, nevertheless tbis will not authorize a court to strike down a statute. If it did, many acts of the law-making power would meet with judicial condemnation. "With all due deference to the judgment of my associates, I am of the opinion that the validity of the statute ought to be sustained and the judgment below reversed."

The above decision will enable many more Democrats to hold over than woflld secure office under the new law, but it will also enable the present trustees to elect County Superintendents in both 1897 and 1899 so that the Republicans will in the end secure the Superintendents for four years.

This political legislation is all wrong, and should never be enacted. The Democrats however, began it under the McHugh bill when they extended the terms of the Mayors and Councilmen over the state and also that of tbe Trustees. By having the term? of the Trustees expiro in August instead of April it enabled the Democrats to reelect many Superintendents. The Republicans then extended the terms of the County Superintendents so that the new Trustees might eiecfc, but as stated above that act was declared unconstitutional. Political legislation eventually injnres and wrecks the p-irty that passes it and as proof, look how the McHugb bill did up the Democrats.

Thursday's Daily.

THE FAIR A BIG SUCCESS!

THE f'ftOPLTS CAME FROM ALL {JViCK

Hancock jtml Adjoining Comities at Sivciled the Crowd to Enormous Proportions.

The people began coming in so early for the fair today that the management were assured of a large attendance, and they were not disappointed. The exhibits are all first-class. The trains brought in large numbers. TheKiiiglitstown and Henry county people came over in large numbers. The J. O. Addison band, of Kniglitstown, came over on the 10':S3 traiu, accompanied by a large crowd. The band, with its 22 members, all in handsome and attrictive uniform, made a splendid appearance. Their music was first-class. Knightstown should be proud of the fact that she has such an excellent band and such au enterprising citizen as J. O. Addison. Such men build up a town and make business hum. The baud discoursed sweet music 011 their way to the fair grounds.

Daily, Saturday. When it was learned that the majority of Indiana Fairs were not making a suecess it vsas feared that the Greenfield Fair might not pay out, but it did. Thursday and Friday were both big duy?. ^iie receipts at the gate amounted to about |3,200, which, together with the other receipts, swells the amount beyond the expense line. While not making as much as in former years, the association did very well.

The racisg yesterday was first-class, as the contests were close and all drove to win, there being a hot contest in the home stretch every time. The race summaries are as follows: 2.:i0 pace. Easter 7 111 l'rinc Alert 4 0 5 Lizzie 2 2 3 3 Lady Cravens 3 2 2 Uncle Jim 4 5 5 4 Kc-ano 5 Little May 0

Time—2:27%, 2:27, 2.28. The time here was better than at any other county fair in the state yesterday.

The Greenfield horses came out all right. Easter, who took the 2:30 pace, belonged to Henry Fry, and Greenfield Girl, the winner of the 2:30 trot, belonging to Sheriff W. H. Pauley and Auditor Lawrence Boring.

The mule race, for which H. B. Thayer, the enterprising proprietor of the Spot Cash Store, put up $52.50 in premiums, was the most laughable and entertaining event of the whole fair. There was fully $500 worth of fun. It was laughable and interesting because no one could tell who would win. When a leading mule took a spell of bucking his name was Dennis, aud about all the mules bucked. The winuers were as follows: Fannie, Roy Trees, first, Winchester Gun, $25 Charley, Yes Kirk, second, No. 8. Cook Stove, $15 Black Jack, W. A. Smith, third, suit of clothes, $7 Joe, Owen Bodkins, fourth, pair of shoes, $3 Pete, fifih, t-quirrcl rifle, $2 50..

Daily, Monday, TIIE UAUV SHOW AT THE FAIU.

A Lftrge Number of Kntrles For the Fourteen Premiums, We give here a list of the classes aod the prizes awarded by the various business men in each clas*. 1. The most handsome girl baby—A fine baby cab, by the Hancock Democrat. 2. The baby with the preittest eyes— One dozen $4 cabinet photographs, by Cuyler, the photographer. |3. The prettiest blonde buby—A fine pair of shpea,, by White & Service, 4. The^uiost gfaeeful baby~6ae dozen $3 photograph, by Cuyler, the 1.0to

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'GREENFIELD REPUBLICAN THUBSDAY SEPT- 5,1895 ^"11*

6 4 dis.

Time—2:26, 2:2G, 2:30, 2:2% Free-for-all pace: Alvin Swift 1 Imperial Hal 2 Tom Edison 3

Time—2:18, 2:2% 2:22£. 2:30 trot. Greenlield Girl 1 Blue Coast 5 Charley 4 Fontonell 3 In Front 2 King Lear dis.

5. The most handsome boy baby—A fine baby cab, by the Fair Society. 6. The smallest baby—A fine baby jumper, by J. W. Cooper, of the'Department Store. 7. The fattest baby—$5, by Charles Downing. 8. The prettiest 'brunette 'baby—A solid gold necklace, by L. A. Davis, the jeweler. 9. The .jolliest baby—$2, by E. P. Thayer & Co. 10. The best dressed baby—One dozen $3 cabinets, by Cujler. 11. The sleepiest baby—A fine baby cab, by Lee C. Thayer. 12. The prettiest colored baby—A nice $8 baby cloak, by J. Ward Walker & Co. 13. The finest pair of twins—§3.50. in gold by J. M. Hinchmiu jand a fine pair of shoes by White & Service 14. The baby with the best pair of lungs, and that can cry the loudest—$2 50 in gold by H. B. Thayer, of Spot Cash.

The entries and the various classes in which the babies were entered ^were as follows:

Lucile Shumway, 1, 4, 6, 8, 9. James Robert Farmer, 3, 5, 7, 9. Reba Trittipo, 6. Ruth Catt, 1, 2, 3, 4, 9, 8, 14, 11. Cordelia Shane, 1, 2, 4, 9. Jesse Cox, 2, 3, 5. Morrison Ht-rron, 6, 2, 5. John Dowiing, 2, 5, 8, 7. Nellie Duncnu, 1, 2, 3, 4, 9. Hazel Dobbins 1, 3, 2. Nellie Davi*, 1,:2, 8. Beanie L. SLraiil, all premiums. Walter Wiggins, '3, 3, 4. 5, 7, 9, 10, 14. Oluu'K'S Henry Wiasor, 2, 3, 5, 8, •). Arthur Middkhur^t 2, 3, 5, 7. Myitis Swisher, 1, 2, 8. 6 Lillian luddiu£. 3, 5, 9, 2. E:nma Furry, 1, 2, 4, 11. Lulu and Eula nve, 1 Jo-'m Shuil, 2, 5, 7, 9. Mary (j. Rus^Jl, 1. Clifford O. Harper, 2, Bessie Harper, 6, 11, 2. Elijah E. Russell, 5. Esta A. Wagner, 1, 2. Ellen E. Morgan, 1, RoytE. (-urtis, 2, 5. Oakley F. Luse, 1, 2, 3, 4, 7. Ralph Marfcio, 2, 3, 5. 7, 9. Myraa Faughn, 1, 2, 3, 9. Gladys Cartwrighr, 1, 2, 3, 4. Baby Baity, 2, 3, 5 Eimer Heims, -'5, 7. 9,4. Ertie Stevpns, 5, 7, !), 10. Floyd Kirltn, 2, 5, 7, S, 0, 10. Manorah E wtanN-y, 1, C, 3, 14 Josephiuu Mc'-'niiv, 1, 2, 3,10. Naomi Elliott, 1, 2, 4, 10. Bergie Bridges, 1, 2, 9, 10, 11. Virgil Ostemeyer, u, 5, 9. Marie Bovel, 1, 2, 4, 8, 10, 11. Willis and Willard Fi'jlis, 2, 5, Fay Wisemau, 1, 2, 4, 8, 9, 10. James P. Foley, 2, 0, 7, 10. John Wills, 2, 5, 7, 9. Leonara Wi!lb'm*t, 2, 6. Ruby Pearle Fliuton, 1,3, 7, 6. Clarence Fisk, 2, 5, 11, 8. Clabour Andriclc, 2,5, 8, 10. Earl Curry, 2, 0, 12. Minnie H. Irons, 1, 9, 10, 14. Eddie Loudenbuck. 2, 5, 11, 14. Maud. Williams, 1, 2, 3, 9, 10, 14. Roy Cox, 2, 5, 7, 10. Elmer Dallas Cox, 2, 3, 5, 9, 10. Oren Neal, 1, 2. Clinton Price, 5.

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Marguerite Plummer, 1, 2, 7, 9. The judges in the baby show were ft'rs. Ed Howe, of Muncie, Mrs. Jenkins, of Indianppolis, With Mr •. G. D. Busick, of Kokomo, as referee. The premiums in tbe various classes were awarded as follows:

No. 1. Clara Cartwright, of Indianapolis. No. 2.

Benny L. Strahl. Charles Henry Windsor. Ruth Catt. Roy Cox. Lenora Dell Willi)urt. Floyd Kirlin.

No. 3. No. 4. No. 5. No. 6. No. 7. No. 8. No. 9. No. 10. No. 11. Ni. 12

Ruby Pearl Hinton. Minnie H. Irons. Clemm Jeffries. Earl Curry.

No. 13. Wdiie and Willard Fields. No. 14. Meuore E. Stanley. There was much dissatisfaction over the baby show for a number of reasons* It was too hurried aud the judge? could not examine all the babies. It is claimed outsiders interfered with tbe judges in placing premiums. Many ladies withdrew their babies* as it was so warm aud they felt proper care was not being taken.

The REPUBLICAN simply notes what was said, both by interested and disinterested people. What we say is that it was a remarkably fine looking body of babies, and shows that Hancock county is in the front rank in that department as well as all others.

Shortsight«luetiS.

To waste your money on vile, dirty, watery mixtures, compounded by inexperienced persons when you have the opportunity of testing Otto's Cure free of charge. Why will you continue to irritate your throat and nings with that terrible hacking cough when V. L. Early Will furnish you a free sample bottle of this great guaranteed remedy? Hold a bottle of Otto's Cure to the light and observe its beautiful golden color and thick heavy syrup. Largest packages and purest goods. Large bottles 50c and 25c. 20tl ^2--'""'Tiie Suu*lay Schools.

Sunday, Sept. lih, 1895.

Christian M. E. Church....... Pre»byl«ri»n. Friends M. Mali

MICHIGAN RESORTS.

Are directly on the line of the

EXCELLENT SERVICE TO

Tourist Tickets .are on sale June 1st to Sept 30th, return limit Oct. 31st.

Maps and Descriptive

OF TIIE

NORTHERN MICHIGAN RESORT REGION,

Time Cards and full information may be had by application to ticket agents or addressiug

L. LOCKWOOD, G. P. & T. A. GBAND RAPIDS, MICH,

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Greenfield, Ind.

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THE BANNER OF LIGHT.

Editor of a Great Paper Cured By Paine's Celery Compound.

The Banner of Light is, as every one k:iQWs,one of thamost successful denominational imblicatiounissued inthisx country.

In its 77th volume it is at once conservative and bright, discussing not only modern Spiritualism, but frequently lending its influence fearlessly in matters of imblic importance outside its principal field.

Mr. John W. Day, who is the editor aud one o' the proprietors, writes iu The Banner of Light as follows to the proprietors t-f Paine's celery compound: "I owe joa a debt of gratitude iu placing on the market such a nerve-easing and and soothing remedy as Paines' celery compound. It was brought to my notice by a frieud who had himself been greatlyrelieved by its use, as I have also been. "I have frequently tfkei occtsion to commend Paine's celery compound to others, and I do not know an ins'ance wherein, if faithfully tried, it has not worked a benefit. "Ytu truly, John W. Day."

Traverse City, Ne-ah-ta-wan-ta, Omen a, Charlevoix, Petoskey, Bay Yiew, Roaring Brook, Wequetonsing, Harbor Springs, Harbor Point,

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Oden-Oden, Mackinac Island UpperPeninsula Points.

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DR. C. A. BELL

Office 7 and J" 3 Dudding-Moore block,

Practice limited to diseases of the

NOSE, THROAT, EYE and EAR

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Mr. Day's portrait is given above. He is a member of the Masonic, Oid Fellows Grand Army and other fraternal organizations, and is highly seemed by his brethern and others iu the ocial walks of life.

His gratitude for the gcod that this greatest of remedies has doue him is in no sense* remarkable. Thousands who have been made w«ll by Paine's celery compouud have seat their uu ioelicitedtestimenials tothe'proprietorso the remedy or direct to medical journals or newspapers telling for the benefit of others the results that followed the use of the lemedy that is food for the nerves and brain, that enriches the blood, that make !he weak strong, and is the one nervefaiiing specific, prescribed by physicians aud recommended by all who have ever faithfully used it, for insomnia, nervous debility, neuralgia, rheumatism, indigestion and the many il?s lhat come from de. ranged, worn-out nerves and impure blood.

Indianapolis Division.

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I-19-05-IT PITTSITUNON, I'KXN'A. For tlino cnrulitaorfare, through tickets, k-Mtrap* .I'.uckK IU..1 furUi.it- '^"(.r'UftUoa re .•ii. tlinj ttae r*:*ninc «»f tf'H'.iiH ai^f.

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