Jasper County Democrat, Volume 6, Number 34, Rensselaer, Jasper County, 28 November 1903 — Page 1

Jasper County Democrat

SI.OO Per Year.

Local and Personal. I. W. Porter is preparing to move to California. Robert Randle of Mexico', Mo., is visiting relatives here. D. A. Stoner of Wichita, Ean. is here on business this week. Elmer Gwin is recovering from a severe case of typhoid fever. Mr. and Mrs. J. W. Childers spent Thanksgiving with friends in Delphi. Charles Chapman of South Bend, is visiting bis brother, City Treasurer Chapman. Several of the local sports went to Chicago Thursday to witness football and other games. The work of installing the new engine at the water and light plant has been in progress this week. The price of eggs took another jump in Rensselaer Saturday, and were boosted up to the 25 cent notch. ___ George Spitler, who has been traveling with the bill poster gang of Wallace’s show, returned home Monday. John Potts and family who moved to No. Dakota some time ago, have returned, not liking the country there. C. B. Stewart went to Chicago Thursday to attend a banquet given to Douglas Lodge I. O. O. F., Thanksgiving night. Nearly all the Rensselaer students and teachers who were away attending school or teaching, returned home for thanksgiving. Miss Edna Thompson came down from Chicago to spend Thanksgiving with her parents, Judge and Mrs. S. P. Thompson. Miss Besse Eger, who is attending a school of music in Chicago, is visiting her parents, Mr. and Mrs. W. H. Eger, on Division street Mr. and Mrs. C. W. Duvall celebrated their 29th wedding anniversary last Sunday by entertaining a few of their intimate friends.

Mrs. Levi Renicker, who has been visiting at Covert. Mich., returned home a few days ago, Accompanied by her sister, Miss Cora Wray. Medaryville Advertiser: Formerly the lives lost in football games were purely accidental. Now they are the natural result of the game. _ Dora A. Woods has been appointed postmaster at Stoutsberg, this county, vice Charles W. Woods, resigned. John Sharp, who has working in a poultry house in Gilman, 111., for the past eight months, is visiting bis parents Mr. and Mrs. Joseph Sharp on Scott street. The former Wm. Haley farm of 240 acres near Sharon, now owned by Ernest Rapp of Washington, 111., has beed rented for next year to John Smith of north of Rensselaer. Joe Sharp, the photographer, whose illness has been previously mentioned in these columns, is in a serious condition, and his many friends are alarmed at his failure to improve. Mr. and Mrs. Harry Wade of Hammond, have been visiting Jasper county friends this week, Harry has sold his barber business at Hammond and will move to Wyoming. The infant child of Mr. and Mrs. Glen Tharp, formerly of this Klace, died at their home in Good. ind a few days ago from congestion of the bowels. The remains were taken to Monticello for burial. Business is still in a flourishing condition evidently with the Standard Oil Co., as the. local manager of their interests in this vicinity, C. W. Duvall, has received a brand-new, gaily oolored oil wagon. Q. S, Baker has bought of John Carmichael a residence property on North Bcott street and moved into same Tuesday. Mr. Hickman has moved into Lewis Davissons’ tenant house on South Division street, vacated by Mr. Baker.

Mrs. Frank Maloy and children of Lowell are visiting her parents, Mr. and Mrs. Michael Eger. New subscribers to The Democrat this week by postoffices: Washington, 111., 1; DeLong, Ind. 1; Tefft, I. Mr. and Mrs. I. S. Sinclair and grandson of Cloverdale, Ind., are visiting their nephews, I. A. and Lee E. Glazebrook. Thomas Murphy of near Surrey has bought a property of Mrs. Nancy E. Porter, on Vine street, and will move to town. Consideration was S7OO. Thanksgiving was an ideal day in Rensselaer. The day was clear and bright, but cool, and there ■Was good skating on the river for those who cared to indulge.' The banks were closed all day and the business houses closed from 12 to 2, for dinner. D. L. Hogan of Manhattan, 111., who recently purchased the Shook farm of 269 acres, just northeast of town, has moved here and occupies the D. A. Stoner property in the northwest part of town. Nat Heuson has leased the farm for next year. Township Assessor Bert Vandercar was down from Dunnville on business Wednesday, looking happy and prosperous. Bert is learning railroading nowadays under the tutelage of Agent Wilmington at Dunn’s Siding. The Democrat wishes Bert success in his new undertaking. John Lawler of Chicago and Delos Thompson of Rensselaer,with their attorney, Jesse E. Wilson, were in Eentland Monday and placed a bid with Attorney Darroch for a large tract of land in the north end of the county which Mr. Darroch has listed for sale. —Kentland Enterprise. It is reported here that ex-City Councilman John C. Chilcote was recently married to a blushing young miss of nineteen summers over in Illinois. He has been living with his son-in-law, Frank Duvall, near Allentown, 111., for the past year or so. Jf the report is correct we hope John will let his friends here hear from him, that they may offer congratulations. C. B. Stewart attended the Grand Encampment, I. O. O. F., at Indianapolis last week and was appointed grand sentinel of the grand encampment for the ensuing year. He was also appointed on commietee work in the current sessions of both lodges. L. H. Hamilton was appointed guardian of the grand lodge and also re-appointed district deputy for Jasper county.

Etna, the twelve-year-old daughter of Mr. and Mrs. W. (3. Florence, who moved from this county to Mexico, Mo., last spring, died last Sunday of pneumonia. The remains were brought here for burial, her mother and two daughters and Robert Randle accompaning them here. The funeral was held at the Christian church Wednesday. Mr. Florence was sick and unable to accompany the funeral party. Adding the road fund allowances made by the city council Monday evening, and the city’s road fund is overdrawn about $2,200, while the corporation fund is shy about the same amount, a total of about $4,500. Taking the $7,200 borrowed by the council into consideration and we have a total indebtedness against the city of about $65,000. In the funds that have been overdrawn, city orders have been issued and the orders protested, therefore the taxpayers are paying interest on them, or will have it to pay, also. Frank Bruner and his father J. F. Bruner, of the Bruner-Merry telephone company, had a little mix-up Sunday morning in which it is said Frank knocked his father down. The latter swore out a warrant for his son’s arrest, but it was impossible to find the boy Sunday, and later Mr. Bruner is said to have thought better of the matter and asked the constable not to serve the warrant. Young Bruner iB about 21 years of age. The trouble is said to have originated over his father chatising another member of the family. Frank formerly worked on the Brnner-Merry telephone lines, but is working for the Jasper County Telephone Co., since Monday.

Rensselaer, Jasper County, Indiana, Saturday, November 28, 1903.

NEWTON GIVES UP.

Republican Clerk Over There Will Hold Over to Jan. 1, 1905. Newton County Enterprise: The law regarding the time for county clerks to take their offiee will doubtless oause some confusion. The Legislature of 1901 extended the time of county clerks to January first following the expiration of their term. In this county the term of the present incumbent does not expire until April 24th, 1904. Under the new law clerks were nominated and elected at the last election. Doubt arising regarding the application of the law, the la£t legislature sought to confirm the title of the newly elected officers, and to designate the date they should assume the duties of their office. In this county Reuben Hess was nominated and elected, but if the term of Mr. Drake is continued until January Ist, 1905, the election of Mr. Hess is of no avail, .for it is impossible to elect beyond a general election. Mr. Drake will doubtless take the view that his term is extended until January Ist, 1905, and if his contention is held good, a clerk will have to be elected again at the general election.

A MARRIAGE THAT FAILED TO TAKE PLACE.

The marriage of Sylvester Richards and and Mrs. Susie Brasket, scheduled to take place at the home of the groom in the east part of town Saturday evening, failed to materialize. Mr. Richards, it seems, was married some years ago to Mary Olson, the latter claiming or supposing that her husband, John Olson, had got a divorce from her in Kansas. This, it appears, was an error, and she later secured a divorce from Olson in the circuit court here. Richards supposed that the fact that Mrs. Olsen bad a husband at the time 110 married her made his marriage to her illegal, and that he was free to marry again. The divorce from Olsen though, it is claimed, made Mary (or Mabel, as she was generally known here) Richards’legal wife, And after the guests had arrived, the minster in waiting and Richards went to the clerk * .after the license it was found that he was already “tied up” and “all bets were declared off.” as Richards would not insist on the clerk’s issuing the license after he (the clerk) had told him the facts as above set forth. The above is the gist of a halfcolumn article in the Journal of this week, and would be very interesting but for two things: In the first place Richards did not go to the clei£ at all for a license and the clerk knew nothing about him. In the second place, if Mrs. Olson married Richards while still the wife of the former, the marriage was wholly illegal and a later divorce would not legalize it. She was, however, granted a divorce from Olson in 1901, and the facts about the guests, etc., assembling Saturday night for the marriage to Brasket are correct, we understand. But apparantly other reasons influenced Richards to give up marriage for the present.

LEFLER-JACKS NUPTIALS.

The marriage of Mr. Leonard Lefler and Miss Grace M. Jacks took place Sunday evening at six o’clock at the home of the bride’s parents, Mr. and Mrs. G. A. Jacks, in the northwest part of town, as announced in The Democrat last week, in the presence of a few intimate friends and relatives of the contracting parties. After the oeremony an elegant wedding supper was served. Monday a fine dinner was served in their honor at the home of the groom’s father, James Lefler, near Pleasant Ridge. These young people enter married life with bright prospects and have the hearty congratulations of their many friends.

FOR RENT. 575 acre farm, 300 acre for corn and oats, 275 acres of meadow ; good buildings, 600 rods of tile. Terms, 2-5 of com in crib and 2-5 of oats delivered in market. For particulars enquire of N. Littlefield, Rensselaer, Ind. Jonathans, Kings, Northern Spys, Wagoner $3.00 bbl. or $1.20 per bushel. Chicago Bargain Store. Read The Democrat for news.

ABOUT THE COURT HOUSE.

I tarn* of Interest (lathered In tha Office* and . Corridor* of the County Capitol. County Attorney Ralph W. Marshall has gone to California to spend the winter. The annual meeting of the Jasper County Teachers’ Assocation convened here yesterday and will continue to-day. —o — Judge Hanley has been wearing Judge Nye’s wool-sack at Winamao this week while the latter performed a like service here. —o— Marriage licenses issued: Nov. 20, Martin Klaus to Lucena Hollingsworth. Nov. 21, Leonard L. Lefler to Grace M. Jacks. Nov. 21, John Roberts to Lizzie E. Sullivan. —o — - New suits filed: No.6sßl,Chas. A. Gundy vs. Samuel M. Lamoine; action on note. Demand $75. No. 6582. Babcock & Hopkins vs. Charles Tubbs; action on note. Demand $225. No. 6583. John Makeever vs. William H v Brubaker, Levi S. Renicker and Sherman E. Renicker'; action on mortgage. Demand SIOO, and that plaintiff’s lein be declared prior to the lein of Renicker & Renicker. —o — Of the probable republican candidates for the nomination to county office next year we hear John O’Connor of Kniman, mentioned for sheriff, while Chas. M. Blue, present trustee of Marion township, claims to have the recordership nomination safely housed in his vest pocket, we are told. The recorder’s is the best office in the county, however, and Blue will have opposition for the nomination in the person of Robert Mannon of Kankakee tp., it is said. The McCoy’s will again run “Doc” Nichols for treasurer, it is understood, and C. C-~ Warner vt ill seek re-nomination for clerk. In this, however, he also may have opposition. The other minor offices will not be much struggled after, or the remuneration is not large and republican patriots are always most numerous where there is the largest appropriation, therefore the crumbs will be thrown to the sparrows in the ranks. Conditions are such in the county that the democrats have a fighting chance for some of the offices and, while democrats as a rule are not as, office hungry as fheir republican friends, there will probably be no lack of good material to fill the ticket.

RAY MICHAELS KILLED.

Was Brakeman On a North Dakota Railroad. Fell Prom Train aad Killed. Mr. and Mrs. Robert Michaels of south of town, received the sad intelligence Wednesday that their son William R. Michaels had been accidently killed at Wheatland, North Dakota, from falling from a Northern Pacific freight train on which he was a brakeman. The young man was about 21 years of age, and had been in No. Dakota for a couple of years. He was quite badly cut up by the train. The remains were ordered shipped here and it was expected would arrive yesterday or to-day, in which event the funeral will be held from the home of his parents to-morrow at 10 a. m.

20 cents pound for good butter; 25 cents for fresh eggs. Chicago Bargain Store.

BAZAAR HOLIDAY WEEK.

The young people of the Presbyterian Church will hold a bazaar at the K. of P. building holiday week for the sale of everything desirable for presents, and will serve good things to EAT. For fine commercial job printing come to The Democrat office.

TO TRADE.

Good five room house and feed mill, making oorn meal, rye and buckwheat flour, with all necessary fixtures, in good, near by town. Will trade clear for dear property in this city. G. F. Meyers, Rensselaer, Ind. Office orer Murray'* Store, An armload of old papers for a nickel at The Democrat offioe.

TAX-FERRET CASE.

Demurrer Sustained and Amended Complaint Filed.—Decision Next Term. The case of Simon P. Thompson as a citizen and tax-payer, on relation of the county of Jasper, vs. Fleener & Carnahan and the commissioners of Jasper county, came up for hearing on defendants’ demurrer Monday afternoon before Judge Nye of Winamac. Defendants were represented by J. Frank Hanley of Lafayette and C. E. Mills of this city. The opening argument of defendants was by Mr. Hanley, and he made a very able presentation of his side of the case, showing that the supreme court had held these 50 per cent contracts legal and not exhorbitant for the labor necessary in searching the records of the various counties and states to uncover sequestered property not listed for taxation, and that the complaint was therefore not good; that the county assessor had no right to go outside his own cqunty to uncover any omitted taxable and therefore the ferrets were performing a work that was outside the county assessor’s duties and which could not be performed by such officer. Judge Thompson, in opening for the county, first stated what the duties and scope of authority of county commissioners were; that they were only the agents of the county (the people) to perform the duties imposed upon them by the legislature in the transaction of county business; that there was no denial that the contract —or the first two contracts, rather — were not legal; but that this case was brought to secure an interpretation of said contracts, to have the last or third contract declared void, and for a judgment or order against the ferrets for the amount they had been overpaid on the old contracts. Judge Thompson’s argument was one of the strongest pleas ever delivered in this court, and its logic was irresistible. He pointed out that the contracts stated that the ferrets should receive for their labor one-half of all sums collected through their efforts and turned into the county treasury, not county treasurer; that county treasury as defined by eminent authorities was a place where county funds were paid in, kept, and expended; that the county treasurer only collected taxes or funds for the township, city, school and state in transit to the proper and respective treasuries; that the scope of county commissioners’ powers extended only to county funds, and that in contracting to pay the ferrets “onehalf of all sums collected and paid into the county treasury ,” said contract must be interpreted to mean one half of the amount belonging to the county, instead of one-half of the total amounts of all funds paid to the county treasurer, as had been done. Judge Thompson said that as a result of raking up old estates, pursuing the widows and orphans and the aged, infirm and insane, a total for all funds of about SIO,OOO had been paid in to the county treasurer, of which the county treasury received about $1,500, and that the ferrets’ share of said collections under the contract was therefore only $750. Instead of this, however, they had been paid $5,000. He said that the contracts had been heralded as a great boon to the taxpayers of the county, when as a matter of fact they, were out of pocket several thousand dollars on the deal; that the commissioners had promised the people bread and had given them a stone. He admitted that the county assessor had no authority to go outside of his own county to look up sequestered property until 1899, when the legislature passed an act (Acts 1899, pages 480, 431) making it his duty to go not only to other counties but to other states as well to examine the records, etc., whenever the circumstances warranted such action, in the search for property omitted, from taxation; that such statute gave the county assessor and commissioners ample and all powers necessary to discover omitted property and place the same on the tax duplicate and that he was paid a salary for performing work which the last contract with the ferrets also delegated to the said ferrets and that the county commissioners could not contract with or employ any one else to perform the duties of any county officer. Therefore, he argued, the latter

Vol. VI. No. 34

contract was illegal and should be deolared void. Mr. Thompson was followed by C. E. Mills for the defendants. His remarks were chiefly quoting decisions of the higher courts on tax-ferret contracts. Judge Nye remarked previous to Mr. Mills’ argument that he was inclined to agree with Judge Thompson that the county ought not to pay but one-half the sums collected which belonged to the county revenue; that to pay onehalf of all sums collected, state, school, etc., from the county revenue and the investigation was a losing game for the county. He sustained the demurrer, however, on the grounds that plaintiff asked both legal and equitable relief, and gave plaintiff leave to file amended complaint. This was done, and both partiefi will furnish the court with briefs of authorities and the decision will be rendered at the February term. —o — A. W. Stevens Co., vs Babcock & Hopkins, action in replevin; verdict for defendants. Chas. W. Warren vs. Lottie M. Burns, action on note; verdict for defendant. W. W. Burns et al .vs. Samuel R. Nichols, appealed ditch case from commissioners court; settled by agreement. Nichols’ assessment was reduced sl6l and the other parties raised 3£ per cent and ditch ordered constructed. The Lewark vs. Freis commission case was decided in favor of plaintiff, giving him judgment for $2,000. In the Renicker vs. Brubaker case a temporary injunction was granted and the case will come up for hearing next Monday. The prospects now are that the big Spencer will case from Monticello, will not be tried next week, as it is unlikely that Judge Rabb can be procured to sit in the case.

Special clearing sale for a few days to make room for a mammoth Holiday stock. Chicago Bargain Store.

THE COMMON COUNCIL.

The city council met in regular session Monday. About the only business transacted was the allowing of a number of claims. The insurance on the city plant was ordered renewed in the companies represented by C. G. Spitler and B. F. Ferguson. The finance committee and city at* torney were instructed to procure a book for the collection of special assessments and to make arrangements with the county auditor and treasurer for the collection of the same. The following bills were allowed: ROAD FUND. \V. S. Parks, hauling 4 50 J. L. Adams “ S 5° Jerome Harmon “ ............ I 25 George Hopkins, work on street... 5 2 S Ed Randle “ “ ... 405 John Brown “ 1 20 Peter Giver “ “ “ ... 225 A 1 Fletcher, hauling sand I 80 Tom Parker “ “ 405 Geo. McCarthy, hauling cinders... 3 00 J. C. Gwin & Co., sewer pipe and lumber 7* 25 W. T. Smith, A. L. Willis assessment on Susan St. Imp, $2 00 W. T. Smith, city’s assessment Cedar street 980 60 John Jones, city commissioner 600 Daniel Waymire, city commissioner 6 00 Amiel Harmon, city commissioner.. 18 OO A. E. Brand, city commissioner.... 18 00 Ancil Woodworth city commissioner 12 OO Geo. Meyers, city commissioner... 4 OO CORPORATION FUND. H. R. Kurrie, attorney’s fees Nowels vs. City ca5e.......... 5° 00 R. A. Parkinson, collecting street imp. taxes.... 50 00 H. L. Gamble, city engineer 24 60 WATER FUND. W. S. Parks, water pipe, 20 00 Conrad Hildebrand, salary 27 50 Fairbauk Morse Co., suppiies 3 22 The Globe Oil Co., packing 21 20 Jas. B. Clow & Sons, supplies 87 5a ELECTRIC LIGHT FUND, Standard Oil Co., wa5te........... 9 30 Victoria Coal Mining Co., coal 173 95 C. S. Chamberlain, salary 42 50 C. L. Thornton, salary 27 50 Lem Huston, salary... 27 50 J. H. Chapman, freight . 101 92 ELECTRIC LIGHT IMP. FUND. Jamey Willis, work on engine 4 00 Wm, Simons, 4 ‘ “ «* 13 20 Tom Parker, “ “ “ 13 20 Martin Thornton “ “ “ 680 Wm. Shelbart “ “ M 160 Peter Giver “ “ ** 820

A oar load Fancy Michigan apSlee, 152 barrels, just received.* pecial prices for a few days only: Baldwin and greening $2.50 per barrel, guaranteed 13 pecks, or SI.OO per bushel. Chicago Bargain Store. We talk warm underwear, it’s time yon bad your winter supply. Union and two piece snits to St ail forms. Bowles & Parker.