Indiana State Sentinel, Indianapolis, Marion County, 5 December 1894 — Page 6
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THE INDIANA STATE SENTINEL, WEDNESDAY MORNING. DECEMBER 5. 1694.
NOW FOR THE INSTITUTES
OMJ OF TUR MOST SICCESSFIL l'LAS VET TUIEIJ. Vnrloni Frninrr Snsef(eil-Other Slattern fur the. Connltlerntlon of Oar Agricultural Friends Lieht for the Stable lUilnins? anil HlracblnK Celery AH Arouml the l'arm A Collectloa of Valuable llecipea. The season for farmers' institutes Is her?. Of all th? plars yet tried "Wisconsin's is probably the most successful, say? the American Farmer. There the work ia UTvi?r the direction of the college cf agriculture, wita a competent; superintendent in charge. In som states the state board cf agriculture ha3 control, while in others a certain sum is given each county society, which is used for institute purposes. But in many places this wrk, if accomplished at all, m'jst be pushed by a few of the leaders in the community. Under such circumstances it Is often a discouraging' task. However, it will pay, and if nothing h.03 already been done for the coming winter go at it at once. Then make use of every opportunity to urg-i the adoption cf a better plan so that in a few years the holding cf a farm meeting will be a burden to no one. "While it is well to rely largely up-n home talent, the K-.t interests of th? farmers' institute demand a few speakers from abroad. "A prophet is r.ot without honor Bave in his own country" and "foreign" speakers "draw." A f ;w nam prefixed by "Prof.." "Dr.." or "Hon." lend dignity to the progarm, but it is not best to lay too much stress upn titles. Farm institutes were never intended t be oratorical contests, therfore leave out the fellow who knows n all. The words of a speaker carry weight and conviction only when his practice corresponds to his teaching. If he be a farmer his farm .-houlJ tell a story similar to the one he relate on the rostrum. Complaint is ofte-n made that the ladies do not. attend in large numbers, and take more interest in tie proceedings. This is accounted for hrsdy ly the fact that they are seldom plvei on the program, anil few subjects are discussed which are of especial interest to them. There is no hole of farm and home topics suitable for both men and women. Let some of these find a place wh'-n the program is compiled. As variety is the spici of our institute, an occasional short ivckati. n or select reading will add to the interest. Hut the re kr should be allowed to m ike hi own selection, subjecl of course, to the approval cf the presiding officer. Study appropriateness. Nothing is more in pi ice t.nan epening the institute with prayer and sinsring. A laree town and a graiid opra house are nut essential to success or own desirable. Farmers and their families d" not, as a class, frequent these places, and th-y feel more at home in the country er village school house, church or town hall, and it is the experience of a majority of institute workers that the most successful mee;ings are held risht amonqr the farmer.. Tne farmers nhi most need the direct influence, of a pond institute will not at first put themselves to mu 'h inconvenience. They must be met half way. at least It is not best to arrange for a lang program Iive ample time f r a full and free discussion, but never continue until the audience becomes ti: -U and the interest lags. A short s ssi n. full of brief, pointel papers and enthusiastic discussion, closing with the people hungering fur more, is the most satisfactory. I.iglit for the n Me. Intelligent dairy farmers know that it is possible to have a stable light a-nd well ventilated, and at the same time so warm that water will not freeze in it during the coldest weather. Plenty of windows are needed, and It is well to whitewash the whole interior at least once a year. To accomplish this at the least expense of time, mak" a whole barrel of whitewash and apply it very thickly with a broom. Begin by sweeping the sides, partitions and ceiling. Where the surface is uneven a force pump with a spray nozzle is excellent for applying the whitewash. The whitewash must first be rubbed through a sieve to vmove the lumps, or they will clog the valves of the pump. Keep the windows from being splashed by tacking old bg3 or blankets over them. lame is purifying and deodorizing, and makes it easier to keep the stable clean and in order. Another reason for providing abundant light Is to promote the health and vitality of animals. A cow in a winter dairy ia like a person engaged in a sedentary employment. She cannot receive the stimulus to her vitality that a horse, fur instance, gets from labor in the sunshine. A cow cannot do her best unless she is made comfortable in a light and cheerful stable. American Agriculturalist. IlnlolnK and Ulenohlnij Celery. My way of raising nnd bleaching celery is as follows: Make the ground as rich as Is wanted with well-rotted stable manure. When planting time arrives set the plants ten inches apart each way. As my well affords" an unlimited supply of water, and the stock tank is one corner of the garden, I put In a lVi-inch pipe, and, when needed, water is turned on celery, cabbage, cucumbers, strawberries, tomatoes, etc. I am thus enabled to be successful in gardening during a dry season. When the celery is six to ten inches high I gather the stalks of a single plant in one hand and with the othr place over It a four-Inch drain tile, press the tile firmly to the ground, and in the meantime give a good supply of water. The celery bleaches and Is ns crisp and palatable as could be desired. J. A. Richardson. All Around the Farm, A writer says that it is hardly possible to over-feed a hog with corn if he has first had a liberal feed of pumpkins. We never knew one to eat too many pumpkins. A bulletin of the Cornell university experiment station says that probably ninetenths of the orchards in New Jersey are in sod, many of them in meadows, and, of course, they are failing. The farmer never gets out of a job; there are no strikes. He who has a family to support is saved a great deal of worry and anxiety, because his income, even if small, is sure. A bee man, who has experimented to determine whether bees injure fruit, says FOR 2 YEARS the formula for making Scott's Emulsion has been endorsed by physicians of the whole world. No secret about it. This is one of its strongest en dors-em ents. But the strongest endorsement possible is in the vital strength it gives. Scott5 sson nourishes. It does more for weak Dabics and Growing Children than any other kind of nourishment. It strengthens Weak Mothers and restores health to all suffering from Emaciation and General Debility. For Coughs, Colds, Sore Throat, Bronchitis, Weak Lungs.Consumption.Blood Diseases and Loss of Flesh. Scctt&Bowne.N. Y. All Druggist. BOc. ni$U.
that although many bees were seen banqueting on grapes, not one was doing any mischief to the sound fruit. In selecting a male a swine-breed?r advises to seek for your ideal model of whit you want tha pigs to be, but this ciro in selection bses its force if a crossbred animal is purchased. Use only purebred males. Cindy to feed becj on in winter Is : made, gays a writer, by gradually stirring six pounds of loaf sugar 4nto about three-quarters of a pint of boiling water, tha whole kept bailing and constantly j
surren to prevent Durn.ng. While less than COO.000 acres were devoted to other cereals in Scotland last year, 1.000,0'H) acres were sown to oats, j Scotland Is not one of our compititors in tha wheat line, but the wheat crop in India Is 6 per cent, greater thin tn 1S33. While it is bet to provide a good, warm shelter fur the hog3 during the winter. In nearly all cases it will be best to arrange so that they can run out every day during the winter. Close confinement is rot conducive to good health, even with hogs. Good stock and low pric?s will give better results thin por stock and god prices. Now Is the time to buy good breeding stock at liwer rates, and we sh mid los3 no opportunity f or improve ment if we are to stay in the business. at j all. Italian bees are now conceded to be the best bees for this country. New varieties come up every season, are given a short- j lived boom and drop below the horizon to ngain appear briefly in a few years. The Italian h:is been tried and has not been found wanting. They are the best. The cow must be gotd, she mut be fed right, but as a milker much will depend up in her individuality. She must be bred, trained and managed just right, rr she will not d) her best as a milker. Like a fimily horse, she must be studied as to every individual trait sh? may possess. P.lackberry plants thrive in any soil la which any other crop -will gr-w. Flint 2 by 8, or 2 by 10 feet. Head back canes in summer by pinching off the top who.i two r three fet high. Strong side brandies will follow, which should be cut back in spring, leaving literal branches about a foot long. "With all kind.s of trees the rule should be to plant at such distance apart as will secure tho best development of the natural characteristics of tlw? kind. A tree or plant of any kind cramped for r om cannot make the natural growth or development, or present the appearance of one that has plerty of room. No care, feeding imr assertion can put cows on an equality of production. Whatever the breeding, the producing dairy is only procured by clo.-so selection and testing of cows, and butter and cheese nre only made by uniting the solids of milk, whatever the quantity of water. The eov giving the rich milk Is the c:w for the dairy. Prf. Rtily says: "Trees shuild be made to send their roats deep inn the soil in order to fortify themselves against drought. This is done by draini.nz the sod and by plowing the orchard lather deep. This deep plowing should begin the very yeir the trees are set, and it should be contlnu -d every spring until the habit of the tree is established. One great obstacle in securing a permanent pasture that will afford tine grazing year after year, without diminuation. Is the gradual decrease of available nitrogen. In nearly all old and run-out pastures, patches of moss are found where the land oueht to be occupied by plants of a higher order, und would be if the soil contained more accessible plant food. Fodder can be as truly wasted when put in the stomach as when trodden tinder foot. Unhoused rattle have a continuous battle for comfort, and all their stuffing of food sh ws no result, for the rensoti that It is used wholly in keeping life. Moreover they are stunted by their stay at this unthrifty stage, and will never show as good results afterward. The largest plow in the world, perhaps, is owned by Richard (lird of Sin F.ernardino county, Calif irnia. This Immense sod turner stmds eighteen feet high and weighs r;.0(W pounds. It runs by stam, is provided with twelve twolve-i.neh pl ovharos, and is capabl? of plowing fifty acres of land per day. It consumes from one t3 one and a half tins of coal per day, and usuilly travels at the rate of four miles an hour. When the locality desirable for a lawn is naturally free from weeds the modern suggestion of making it by planting patches of one particular kind, which will run together in a few months, is particularly desirable. Nothing can be more beautiful than a lawn which is wholly made up of one species only. For small gardens, especially where the new plantation can be hand-weeded during the summer, it is the. best of all methods. Toj many men do not believe that there nre settled principles in dairy farming. They p-efer to think it is merely a game of "catch-a?-catch-can." They live on the outside shell of the business and are never masters of Its principles. They are the ones who sneer at a dairy paper or at the idea that they could ever learn anything profitable from one. But every little while you will find them consulting some neighbor who does takes an agricultural paper, and maybe they ask to borrow a number of it. In filling Ir an underdrain there is always a mixture of surface and subsoil, which, to an unexperienced underdrainer, might be supposed to mean a lessening of fertility. We have known farmers take tarticular care to place the subsoil at tire bottom over the tile and keep the surface soil for tilling in at the last, but it really makes littl" difference. The line that had been mellowed deeply will for many years show a better growth of all erops than does the soil a few feet either side, which Is doubtless ns well drained as the other. The difference is that one is subsoiled and the other is not. A'alunlile lleeiie. Green Apple Fie Stew well-grown green apples, mash and strain. To every pint uf the apples add half a teacup of sugar, a teispoonful of butter and the beaten whites of two eggs; flavor with lemon and nutmeg; line pie pans with puff paste, fill with the apples, bake very quickly, cover the top with meringue and set it in the oven one minute to brown slightly. Cocoanut Cake One iound of sugar, half a pound of butter, three-quarter.- of a pound of flour, the juice and a little of the grated peel of a lemon, six eggs, one cup of sweet cream, in which half a teaSpoonful of soda has been dissolved, and one grated cocoanut. Add the lemon juice last of all, exempt the flour and cocoanut. which must be added alternately till all is mixed in. Cranberry Sauce Put three pints of carefully picked over cranberries into a porcelain-lined or granite kettle, with onehalf pint of watpr, cover and allow to stew slowly until tender, then add one pint of granulated sugar. Allow to come tu a boil and remove from the fire. If preferred pais through a colander to remove the skins; pour Into a mold and stand away to cool. Oyster Fie Take a large dish, butter it, and spread a rich paste over the sides and around the edge, but not on the bottom. The oysters should be as large and line as possible; drain off part of the liquor from them; put them in a pan, and season to tasto; have ready the yolks of three boiled eggs, chopped fine, and grated bread crumbs. Pour the oysters with as much liquor as you please into the dish with the paste. Strew over them the chopped eggs and grated bread; roll out the lid of the pie and 1-ut it on, crimping the edges. Bake in a quirk oven. Chicken Pi? Chicken plj made by this nxpe i3 excellent cold: Rave the neck, the tips of the wings, the gi.izird and the liver of the chicken and th feet. Pour boiling water over the feet, leave them a moment, then pull off the outer skin and nails. After these ara remved put the feet with the other parts. They are quite ! important, a3 they contain the gelatine ' which forms the gravy around th; chicken when the pia is old Into a delicious jelly. Stew the skinned feet, wing-tip, mvk find giblets, which have been well cl?aned. In ju?t enough water to cover them, add a sliee of onion, one of carrot, tind let the water simmer gradually till It is reduced one-half; add a few drops of lern m-juic or a teapionful of tlrag m virv gir, and m Jellied stock, '.f neess try. Pour thH gravy around and over the thicken in the pie and cover It with a paste, and bake It until the crust Lj a
EXPERT TESTIMONY!
OF LEADING DRUGGISTS. In Favor of Pretzingers Catarrh Balm. The Best Remedy on the Market. Daniel R. Jones, Apothecary and Terfumer. 40S Milwaukee St., Milwaukee, Wis., says: "Your Catarrh Balm has proven satisfactory in every case where we have recommended It. I predict a good sale for it this fall and winter." C. D. Spayd, Prescription Druggist, &02 Monroe St.. Cor. Superior, Toledo, Ohio, says: "I have been recommending an! selling your Catarrh Balm for about one year, and am pleased to say that it has given the best satisfaction of any catarrh remedy I have ever soli. I have customers who would not be without it; they keep it on hand, and a few applications always relieves a cold in the head ani stops the catarrhal headache. I belive your Catarrh Balm is the best remedy on the market and I recommend it in every case." Frank E. Valentine. Pharmacist, Urbana, Ohio, says: "I have sold more of Pretzinger's Catarrh Balm in two months past than any other catarrh remedy I have ever handled, and have had most assuring testimonials of its merits." Chirl.s Huston. "Wholesale and Retail Druggist, 47 S. High St., Columbus, Ohio, says: "Your Catarrh cure is an article of merit; I am having a good demand for same, and parties who have used it speak in the highest praises of its good qualities. "Wish you the sucess that is due you." Infants and chil Iron whose breathing is impaired by colds in the head, are speedily relieved by one application of the Balm. For ordinary headaches when not accompanied by catarrhal symptoms, often an application just above and between the eyes, and also at the temples, will afford instant relief. Pretzinger's Catarrh Balm is becoming one of the most popular remedies, and it is so easily applied and so inexpensive, costing but SO cents, that where it has been at all used, it is kept in the house constantly for use in any case of sudden cold in the head or a slight attack of catarrh. Old chronic case, of catarrh are readily cured. Pretzinger Bros., Dayton, Ohio, wiio manufacture this uniivakd Balm, will send sample on receipt of a two-cent stamp. fine brown. It 13 better to strain the privy before pouring It over the chicken. Same people add little egg-bails or slices of the yolks of hard-boiled eggs and rings made of the whites. Pumpkin Pie Cut the pumpkin into small pieces and stew in half a pint of water; when soft, mash fine through a colander. Set the kettle on the stove and mash th pumpkin against the sides of the kettle so that the water may all drain off and dry away, taking care not to let the pumpkin burn or scorch. This process will take nearly half an hour. For each pie take one egg. half a pint of rich milk, half a cupful of fugar, a little salt and two teaspoonfuls of pumpkin; stir well together, and season with cinnamon, ginger and nutmeg. Bake in under crjst. Mincemeat Tako two pounds of stoned and chopped raisins, two pounds of wellwashed and dried currants, two pounds of finely chopped apples, two pounds of wellpicked and finely minced suet, one pound of sugar, one-quarter of a pound of grated Naples biscuits (spo ige fingers), two ounces each cf finely minced candied orange, lemon and citron peel, one of grated nutmeg, a small quantity of powdered cloves, half a pint of brandy and a cupful of port wine; four ounces of blanched and finely chopped almonds, and the juice and finely grated peel of a lernen are a great addition. This mincemeat should be kept some time before using it. Roast Turkey First prick the turkey all over with a fork, and rub with salt and pepper inside and out, then fill with dressing. Take the fat from the gizzard and around the openings, salt and pepper and lay over the dressing, instead of sewing up. Bake a ten-pound turkey about two hours: baste frequently fir one hour and a hilf; then let it get brown and crisp. To make the dressing take three quarts of bread or cracker crumb3 and the giblets (gizzard, heart and liver) chopped fine, -salt and pepper and a small piece of butter; pour boiling water over it till almost thin enough to pour from a spoon. If you want an extra nice, dressing, makeit of oysters and crackers. Lemon Pie Line a deep tin with paste. Put this in the ov?n and bake very slightly; then fill with the following mixture: To the juice and grated rind of one large lemon add two teacups of boiling water. Let this stand until cool; then add two and one-half soda crackers rolled fine, one cup of granulated sugar, one whole egg and the yolks of thre thoroughly beaten together and hilf a teaspoonful of melted butter. Bake until the custard seems firm and the crust thoroughly done. For the frosting use the whites of the three eggs; beat them until stiff, then stir in lig.atly three tablespoonfuls of granulated sugar. Spread the frosting over the pie, and set back In the oven and bake until a light brown. Almond Orange Cak? Two pounds of flour, one and one-half pounds of coarse powdered sugtr, one and one-fourth pounds of ground almonds, one pound of butter, one-half ounce of ammonia, one pint of yolks of eggs, rinds and Juice of two oranges, orange flavoring. Beat the butter and sugar to a cream, add the yolks gradually, and when light and glossy crush the ammonia to a powder and dissolve in a little milk; stir into It the cream, work tn th? flour and almonds, then the flavoring, juice and peel (previously grated); spread the batch on a paper-lined baking tin and bake in a moderate oven. "While warm spread a coating of orangcolored water icing; on the top and cut out as required. Plum Pudding Half a pound of finely minced suc free from skin, half a pound of well-wished and dried currants, threequarters of a pound of stoned raisins, four spoonfuls of freshly-grated white bread crumbs, three spoonfuls of dried and sifted flour. Ave ouneea of sugar, three whole egg, enough milk to mix these ingredients, thred ounces of finely chopped citron peel one-half of a nutmeg Cgrated) and a spoonful of brandy. This can be boiled either in a cloth or a mold. It should be boiled steadily for eight or nine hours, and it will then keep for a considerable period. When wanted for use it must be boiled three or four hours, according to the time it was first cooked. As a general rule, to be good, a plum pudding requires altogether twelve hours' steady cooking. It should be remembered that It must not go off the boll the whole time it is cooking Free for Everjliod y. Dr. J. M. "Willis, a rcliabla physician of Crawfordsvllle, Indiana, will send free by mail to all who send him their address a box of Pansy Compound, which Is two weeks treatment with printed instructions, and lf a positive cure for constipation, billousnesH, dyspepsia, rheumatism, neuralgia, nervous or sick headache. See Ij;e Subscribers to The "Weekly Sentinel would do well to read our great offer on j page 5. Bo eure you read It.
AS TO COUNTY TREASURERS
SIPHEMK COIHT HOLDS KEE AU SALARY LAW INCOXSTITVTIO.VVL. Judge Hackney Renders nn Opinion In the Ilenlon County Cne The I.avr na It Applien to Feen I Fnultjr ConcrrninK Andltor, Trenn nrers n nil Recordern Reeordern Can Only Charge f 1 for Recording Morlgase. An important decision was handed down Tuesday morning by the supreme court in the case of the state ex reL the board of county commissioners vs. Abram C. Boice from Benton county, in which the constitutionality of ths fea and salary law was attacked. The decision holds that the law Is unconstitutional, and, therefore, void in so far as It relates to county treasurers. Judge Hackney handed down; the opinion and in it he says: "Abram Boice was elected treasurer of Benton county in the year 1S92, and after assuming the duties of that office it was alleged he received in fees collected from persons fr services performed as such officer the sum of money which he withheld from 'the treasurer's fund,' estab'Lshed by the act of March 9, 1S01 (acts 1SS1, p. 221. sec It wad further alleged, that he appropriated s-aid sum to his own use as a part of the osninerationi of h'.s office and derded the right of said county to asst-ri or maintain any interest therein. The relator sued upon the bond of thtj treasurer1 for the recovery of the sum to the uso of the 'treasurer's fund,' and to the complaint the lower court sustained tha demurrer of the appellee. In support of that ruling It is Insisted that the act of March 9, 1S31, 's void (p. ee. 12;.). It was further allowing: inhibitions o" thestate euastituLio-i: " 'The general assembly .shall not pass locaJ or special laws in any of the following enumerated casex: (10 Regulating the election of county and township otlicers and their compensations; (i:l) in relation to the fees and salaries, except that the lawa may be so made- as to grade the conp?ns.3 tion, of olficera In proportion to tin? population and the necessary service required." Also that, in 'all castas enumerated in the preceding section, and m all other cafes where a general law can be made applicable, all law shall be made general and of uniform operation througnout the state. "The character, scope and objects of the act in question were fully considered by us In the case of Henderson vs. the state, etc. (1'JtJ Ind.). and it is unnecessary to state them. The act sought to establish a system of fees and salaries for numerous classes of cilices and otlicers. among which was that of county treasurers. For that class of otlicers salaries were provided as to all the counties cf the state, omitting Shelby county, as to which county no compensation by way of fees or salary was provided. Thus, it is insisted, with other propositions, that the act became local and lacked uniformity of operation throughout the state with reference to the sysiem cf salaries contemplated and adopted by it. In the state ex rel. McCoy vs. Krost (at. the present term) we held that the act should be considered presenting a system of fees apart from the systems of salaries also provided, and we now aid thrtj either system must now stand, and ii.'-j constitutional validity be determined iiideivndently of the o:her. "The system of salaried instituted and promulgated Ly tha act was manifestly intended to b general as to the class of public officials which the appellee, Boice, belongs, general in the sense that It was designed to apply that system to some of the counties of the state, and some other system or different rule to another or some other coun:y. This is made to appear clearly; frm the provisions of the act, which reciülced; that the receipts of the office, as applied to every county in the state, shall b. paid Into the county treasury, and consJtute a 'treasurer's fund' for the payment of treasurers' salaries. The LCKlKlnture' Intention. "It is utterly inconsistent with any theory of the, intention of the legislature that the fund3 should be created in any county and iiVt be applied. This conclusion exclude 'the Idea that it could have been intended to place the treasurers of all the counties, excepting Shelby county, upon salaries, and as to that county to permit the old fee system to continue or to provide by implication that the treasurer of that county should serve without compensation. We know, judicially, that the population of the omitted county and necessary service In the office of the treasurer thereof entitles it to be classified among the counties whose treasurers were given compensation by the act, yet wo do not intimate that we could know, or that we have authority to determine, to what class said county should have been assigned, or what the compensation should have been. "As we find the question presented ninety-one of the counties were included in the salary provisions of the act, wnile one county was wholly omitted. It would appear, therefore, that the act 13 local in the sense that it applies to less than the whole state, and that It has failed In its apparent purpose as a general law applying throughout the state, as to all counties whose condition and wants render the legislation equally appropriate and necessary. It is no less objectionable in this sense, that it includes so great a part of the state, and omits so small a fraction, than if it had included but the one county, and had omitted the ninetyone remaining counties. "That laws regulating the compensation of county officers shall not be local is the command of the constitution, and it Is not our privilege by artful construction to deny the command, though we may believe that the law which may fail is wis? and Just. "We are not to be understood a3 deciding that tho amendment to constitution of March 14, 1SS1, does not In another sense than thit already considered, permit legislation of a local character. The provision as amended forbids local or special laws in relation to fees and salaries, except that laws may be sd made as to grade the compensation of oflicor3 in proportion to the population, and the necessary services required.'. A I'olnt ot Covered. "While it would appear that the framer3 of this prjvislon intended that the varying differences to be found necessary In basing compensation upon 'the population and the necessary services, in the saveral counties, or classified districts of tha state, should not be objectionable as local or special, of this question we do not find it necessary to the present case that we should express an opinion. "However, it is perfectly clear that if tha act 13 not objectionable as local it violates sec. 23, art. 4 of the constitution, supra. That eection, by its reference to sec. 22 of the same article, requires general laws in relation to saliries and in providing compensation for county officers, and that such laws shall be of uniform operation throughout the state. "As we have said, the act was designed to be general, and It was essential that it should be general; essential because its subject Is within the enumerated cases required by the constitution to be legislated upon the general law; essential because the subject is one in which all the citizens ofl the state, as a class, whose offices are . created by the constitution, have an interest in common, and essential because every county, a3 a government subdivision cf the commonwealth, possesses conditions common to those of every other county, and not only supplies the same basis for constitutional grading of compensation, but its interest in the subject is common to the interest of all. "Wherever a general law is necessary it is the imperative requirement of the constitution that such laws shall be 'of uniform operation throughout tha state.' In the act before us uniformity of operation was broken by omitting to apply its provision to one of a class of the olTU-es included, to one oT the counties forming an essential element of the state and to
the interests and demands of a considerable number of the common population of the state. "It is suggested that the legislature, by the act of Feb. 23. 193, affirmed the constitutionality of 1S91 by providing salaries for the various offices of Shelby county, including tha treasurer. If the legislative construction of the law ani the constitution were conclusive, this case would have no place In the courts, ani judicial inquiry and interpretation would be denied. This conclusion, however, is at such variance from the well-established rule which confined question of Interpretation to the courts, where legislative discretion 13 not involved, that we pass the suggestion without serious consideration. If by the) suggestlmn counsel desired to direct attention to the act of 1SH3, as supply the omission !n the act of 1S91. it i but. necessary to intiraatrt that the act of lS-f3. standing alone, is subject to every p.sdb!e objection we have found In the act of 1S91. It is local and special both in its form and in its operation, while, as we have said, the constitution imperatively commands that he subject sliali receive general legislation of uniform oporation. It is not possible for one void act to render valid another void act. at least without incorporating and carrying forward, the act which had failed of its purpose. The amendatory act of 13 had no great ir force or effect than the amendment of a repeal statute. It simply amended a void act, an act which In legal contemplation had no existence whatever. 'Counsel seek to impress us with the argument that 'if this judgment is affirmed then very important parts of the fee and salary law of 1S01 will be overturned. and the fruition of years of struggle between the office-holding class and the .'jeeUrat? of tre state be swept away.' Confutation Violated. "There is no doubt that this result should be regretted, but not more sincerely than the disobedience of the sacred commands of the constitution, or that the judiciary should be swerved from its solemn duty by popular clamor; and it would, if possible, be more regrettable that the will of the people could not find expression through their chosen representatives. We feel that that condition does not exist in this state which can reasonably warrant any of these fears. "The judgment of the circuit court that the act in question, as to county treasurers, was unconstitutional, was clearly right, and is affirmed." This mains that the, legislature will have to pass a new fee law as regards auditors, treasurers and recorders.
FEE OF RECORDERS. Only One Dolliir (nn lie LeKnlly Clmrjfcd for Recording: n Mort Kaste Another Important decision handed down yesterday was in the case of the state ex rel. Thomas McKay vs. John F. Krost, recorder of Lake county, also relating to the county fees. The case was founded upon a fee for filing a mortgage and the court holds In the desicion that but Jl can be legally charged by county recorders in the state. Judge Hackney also handed down this decision, and in it he says: "The appellee was elected recorder of Lake county in the year ISM, and thereafter the appellant's relator demanded the recording of a mortgage and tendered as a fee therefor the sum of Jl. Upon the refusal of the appellee to record such mortgage for less than $1.23 the appellants' relator sought and was denied a writ of mandamus to enforce hi demand. No question is made as to the form of the petition, but the appellee Insists that, while the act of March H. 1S91, acts 1S91, pig? 421. provides that the fee for the service demanded is $1, the act is unconstitutional, and. therefore, he was entitled under the law of 1ST5 (K. S. lb.i.0, sec. 5.946) to $1.23. "The insistence is that the act In question violates sees. 22 and 23. art. 4, of the -state constitution, which provides against the passage of local or special laws 'in relation to fees and salaries, except that the laws may be so made as to -rade the compensation of officers in p. jrtion to the population and the necessary services required,' and providing that in all cases 'where a general law can b? made applicable all laws shall be general and of uniform operation throughout the state.' "Much of the discussion of counsel has been directed to the proposition that the fiilure of the legislature to provide for the recorder of Shelby county, while providing salaries for the recorders of the other ninety-ono counties of the state, brought the enactment within the above constitutional inhibitions. Only One Iteal Qnetion. "The real question at issue upon the record is one, not of the salary provided by the act of 1891, but concerns only the fee with which the appellant was properly chargeable for the recording of the mortgage, a question arising between the citizen who demanded the service and the officer whose duty it was to perform that service. The act of 1SD1 provided a salary for the appellee, and required him to pay the receipts of his office into the county treasury, to constitute a fund with which to pay that salary; but the question before us doe3 not arise between the appellee and the treasurer as to the duty of paying the fees Into the treasury, nr as to drawing the salary" therefrom; nor does it involve an inquiry a3 to the claims of the appellee or of his county to the fee for recording the relator's mortgage. Our investigation, therefore, must be confined to the validity or the law so far as it Is prescribed for recording mortgages, unless it shall bo found that the fee provisions and the salary provisions of the law are so Independent as to cause th? fall of either by the invalidity of the other. "A full reading of the act will disclose that the system of fees therein provided is complete not only with reference to the services of all recorders of the state, but alsD as to all other offices whose incumbents are required to perform services for persons inquiring therefor. The validity of the act so far as it provides salaries for the various officers, could not and should not affect h question as to what fees should be charged to and collected from the citizen, and if the salary provisions of the act were entirely eliminated, no good reason appears for holding invalid the system so provided when considered with reference to the authority of the lawmaking piwer and the rights of such citizen. Rlshf of the Legislature. "No ono would contend thai tho legislature might not provide that a fee heretofore charged for recording a mortgage should be more or less in the future. This position is not controverted, but it is stoutly contended that the act, considering alone lfc? prevision of a system of fees, violates) the constitutional inhibitions above quoted, since it was provided by sec, 13G of the act that 'the provisions of the act should not apply to officers elected before the taking effect of the act. This contention was urged in Henderson versus the state, etc., 130 Ind., as affecting both the salary and the fee provisions of said act. and it was there held that by the postponement of the operation of the act, though in doing so officers in various parts of the state were governed some by the act of 1S75, and others by the act of did not render the act local or special and did not violate the requirement that It should be uniform in Its operations. We adhere to the ruling in that case. That case is adhered to as supporting also our conclusion that a constitutional question will not be entertained unless it is directly an issue, and is essential to the decision of the case, and, further, as upholding our view, that the whole act should not go down because of the invalidity of some part of the act which, If eliminated, would not affect the operation of that remaining. "We do not find it necessary to decide, as counsel seem3 to imply, that officers are entitled to neither the fee3 nor the salary, because the law may be unconstitutional so far as it attempts to create a system of salaries. But we do hold that the question xresented is: What fee may be collected for recording a mortgage by a recorder who has been elected since the J act of 1S91 went into effect? and that we must answer: One dollar. "The decree of the circuit court 13 reversed, with directions to grant the writ as prayed by the relator and for further proceedings In accordance with this pro-
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IX "HAGXER'S STANDARD II0RSE AND STOCK BOOK" You will find not only elaborate chapters relating to stock, etc., but other interests of tho farm are comprehensively treated of, including 1 ' " Poultry, TfiGlr Breeds ana Manaoement." The Egg and Toultry interest is really tho largest single branch of production in this country. On this account wo have made a special effort to present in this department a concise and complete Synopsis, from reliable sources, of tho most useful and profitable breeds of fowls, and also euch general bints and directions in the raising cf pouitn' and the incubation of eges, as will be of assistance to all those who are engaged therein, together with an extensive and elaborate list of illustrations of representative fowls, and of various styles of incubators and poultry houses, which have been prepared with great care and expense. O I The introduction and general use of incubators, making it possible to increase tho supply of eggs by artificial production to an unlimited extent, has had the effect of stimulating tho raising of poultiy in America to a degree little appreciated by the ordinary observer or the general reader. It Las been said that "on the farm to-day Foultry is King." This department i3 exhaustively illustrated with all the types and varieties of Chickens, Turkeys, Ducks, Geese, etc., with tho facts concerning them, and is an attractive, a3 well as a most useful, department of I'rof. Manner's work. An entire chapter is devoted to Food, Feeding and Marketing, giving proper food for fowls, fattening for market, killing, packing, etc.; also the best methods of preserving and packing eggs. In short, just such iiiformntion as will enable tho Toultry-raiser to make it profitable. how you Mfly obtain this valuhBle work. f The entire Series is complete in 13 parts, issued weekly. On receipt of 10 cents wo will miil you Part I. ParN II to XIII inclu-uvo may bo obtained in like manner, or on receipt of ?1. "25 wo will send yon the entire Series as fast as the parts are issued. Copy or cut this out and mail to Tho Indianapolis Sentinel, Indianapolis. InL
1894. INDIANA STATE SENTINEL: Inclosed find 10 cents for part one of ''Manner's'' Standard Horse and Stock Boole (or l 25 for the complete series of 13 numbers, as issued). Send to following address: Name Street Town State
A CONSPIRACY ALLEGED. S. L. Temple Accused of Voting Here aid at or(h Snlem. S. L. Tcmp'.e of North Salem, Hendricks county, wa3 arrasted in thi3 city Satunlay on a bench . warrant from that county charging him with violating the Australian election law In voting twice at the last election. It is charged that he voted !n this city and at North Salem. The records of the One Hundred and Eighteenth precinct show that he was the one hundred and second man to vote, and the records at North Salem show that he voted thtre. His friends claim that Temple is the victim of a conspiracy; that a strange man was employed to vote in his name in thi3 . city in order to secure his conviction of a violatoln of the law. Temple is in business in this city, but retains his residence at North Salem. Snbiertle Now. Ey subscribing nw for The Indianapolis State Sentinel for one year you ar entitled to the benefits of our groat offer on jpage 5. Head It carefully.
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IS MR. HESS HOGGISH? IlennM-emi Flare Seeker Seem 1 Think S An Awful Howl. Alexander Hess, the new clerk of the supreme court, seems 'tr bo determined t run the off.ee exclusively for the renefU of his pocketbooK. Tne republican committee put a very lanre hand d vn in Mr. llens'i pocket, ami the silver that crossed tlve palm of the committee has tr le re;a"nel befcre Mr. Hess can e his way clear to frive nny irson a position unr him outHile hi immediate relatives. He has crepted the republican version cf the pollto rula: "IM others or tNy will do you." and is "deinir" tho committee for Its assessment, which Mr. Hess thought beyond ail reason. Mr. lies has been elected for a term of four years, and says he e not propose to ask a renominat'n. He wiil levy on everything in piht. He is no doubt wis in his own conceit. The republican nrlioe-serko-s are mad 9 hornets lcau.e Mr. Hess proposes to put another danshter in the oince. He has already appointed one to a clerkship. The chief deputy ti to be a man. but whether or not it will bo' a relative cannot b b'arnod. Mr. Hess will not vouchsafe the Information. Th legislator ho are in the city art talking of gettinc even with Mr. Hess ly cutting off his fees to a lart;e extent, llr. Ue&j baa four daughters.
