Jasper County Democrat, Volume 8, Number 25, Rensselaer, Jasper County, 16 September 1905 — BIG CLAIM IS MADE [ARTICLE]

BIG CLAIM IS MADE

Legal Point of Great Interact in the Petroleum Region Is Involved. RIGHTS OF A LIFE-INTEREST Franchise Fight at Anderson—Company Will Take Its Stand on “Vested Rights’’’—State Items. Portland, Ind., Sept. 14. —The Ohio Oil company, the Indiana branch of the Standard, is defendant in a big damage suit here. Martin L. Repel, Isaac Rupel and Sarah Fields demand SIOO,OOO damages fronp the Ohio Oil company, and their suit involves the right of a person holding a life estate 'in a piece of land to lease the same for oil, or the development of any other mineral resources. The late James Rupel, the father of the plaintiffs, died in 1886. In his will he bequeathed to Mrs. Rupel a life estate In a 153-acre farm in Jackson township, the farm to revert to his children at her death. Could Nat Give a Valid Lease. Ten years -ago oil was struck in Jackson township and Mrs. Rupel g ive a lease which soon fell into the hands of the Ohio Oil company. Well after well was drilled and every one was a big producer. Thousands of barrels of oil have been pumped from the farm, Mrs. Rupel reciving her royalty regularly. The contention raised by the plaintiffs is that holding only a life estate in the farm Mrs. Rupel could not give a valid lease to any company to develop it and draw off one of its most valuable resources. By so doing the plaintiffs allege that their reversion has been greatly Injured. Company Changes Its Tactics. Anderson, Ind., Sept. 14.—The gas monopolists of this city have changed front in their war with the consumers, who apparently won in the first skirmish with the promoters of a combine of outside capital that is taking hold of the local gas properties. “Vested rights- and interests” will be the defense set up if the consumers attempt to have the common council repeal an ordinance by which the gas companies are now operated under a franchise that does not limit their life. Will Defend Its “Vested Rights.” If the conncil makes a move to annul the old franchises that are counted on as part of the assets the gas combine is acquiring, its representatives assert that they will go into court, and that no court in the land will permit a city to cancel n franchise on which a company bak invested several thousand dollars, while believing that the franchise was safe and practically perpetual. The gas combine men say they have “vested rights" and also “vested interests" beyond the power of the city council to annul. IT ALL DEPENDS ON HIS LEGS Orphan Who Can Have a Good Home if the Bow Can Be Eliminated. Anderson, Ind., Sept. 14. On the question of whether his badly bowed legs can be straightened by surgery depends the prospect of a good home, by adoption, for a 4-year-old boy, whose name Is withheld, at the Madison County Orphans’ home in this city. Mrs. Anne de Wees, probation officer of the county Juvenile court and agent for placing orphans in good homes, has found a family that would be glad to adopt the unfortunate boy if his legs were straight Dr. J. H. Oliver, of Indianapolis, was interested in the case, and he has agreed to perform an operation that, he believes, will straighten the legs of the 4-year-old boy. Arrangements are being made for the operation, which will probably take place in a local hos pital next week. Grave Charge Against a Doctor. Vincennes. Ind., Sept. 14. Winfield S. Lane, of Decker township, has filed a. damage suit ngninst Dr. Royse Davis, a wealthy and prominent physician of Decker, for SIO,OOO. He alleges that Dr. Davis while making visits to his home in the capacity of a family physician.' has won Mrs. Lane’s affections, breaking up his home. They Closed hit- Factory. Vincennes, Ind., Sept. 14. Tne Wabash pearl button factory is still Idle because of a strike among its employes, which began last Saturday. When Guy Raker .discharged Miss Clara Todd, who is the only support of a widowed mother, to make room for another young woman, the other employes walked out. They Thought He Was Drunk. New Albany, Ind., Sept. 14. John O’Bannon, father of Bayles O’Bannan, freight agent of the Monon Railway company at Louisville, was found dead In Jail, where he had been placed under the presumption that he was intoxicated. Heart disease. Gillespie Case Goes Over. Rising Snn, Ind., Sept. 14.—Myron Barbour and the other defendants in the celebrated Gillespie murder case, were docketed for trial at this term, but by agreement of attorneys on both sides, a continuance was had till the December term. Three Likely on the Daath List. Marlon, Ind., Sept. 14.—John Smith and James H. Ishmael were instantly killed Ind Oscar Ishmael probably fatally injured when a Big Four construction train crashed into a box car which had been left standing on the main track.