Jasper County Democrat, Volume 9, Number 24, Rensselaer, Jasper County, 15 September 1906 — Page 1

Jasper County Democrat.

SI.OO Per Year.

“COLD STORAGE"

Barred From Selling to Consumers. CAN ONLY SELL TO RETAILERS. A Prominent Attorney States Law Regarding Wholesale Liquor Licerfses. Editor Democrat: Speaking to your inquiry with reference to the liquor laws: Your position that' the remonstrances which have been filed in this city renders all traffic in liquors unlawful is substantially correct. There are three jurisdictions which are authorized to license the sale of liquors—the United States, the state and the city. A license from one does not prevent prosecution for violations of the laws of the other. A license from the United States protects from prosecution for violation of its laws prohibiting the sale of liquors. It is no protection against the State laws or the city ordinances. A license from the State protects against a charge of violation of its laws prohibiting the sale of liquors, but it is no protection against a charge by the city or the United States. A license from the city protects against a charge of violation of a City ordinance prohibiting a sale without a license. Notwithstanding the remonstrance, both the city and the United States may issue license to conduct a saloon in this city. But each sale under the license would be a violation of the State laws. One must have a license from each , of these jurisdictions, or he is subject to prosecution for unlawful sales. Any one or two of them without tbe third are valueless. There are two cases in which a Btate license are not required: One is where a druggist makes sales upon a signed prescription of a reputable physioian. The other is where the sale is by a wholesale dealer selling not less than five, gallons at a time. Even a wholesale dealer may be prosecuted where he sells less than five gallons at a time, without a state license. It is tbe popular idea that the law makes any one who sells more than five gallons at a tipe a wholesale dealer. This is not true. To come within the exception the party must be a bona fide wholesale dealer, making saleß in the regular course of bis business, Tbe term “wholesale dealer’’ has a well defined meaning, and the courts will construe it to mean just what we all understand it to mean. It is one who is engaged in selling to the retail trade in large quantities. A person who sells to any one who may come after five gallons or more is not a wholesale dealer, but a retail dealer. It is not the quantity of the Bale which determines, but the business actually done by the one making the sale, Instead of enlarging the rights of others, the act restricts the rights of the wholesale dealer, preventing him from making sales of less than five gallons. I do not believe that liquor can be lawfully sold in this city after tbe existing licenses expire except by druggists upon prescription. A wholesale dealer could not lawfully make a sale to any but the druggists, for they alone can then lawfully retail at all. The people of this city have voted the liquor business from its limits for two years. Their wishes should be, and we hope will be respected. If> not, there is ample means to oompel their respect. It is true that now it is unlawful to sell liquors on any holiday. It was unlawful for saloons to sell liquor on Decoration day, or any other legal holiday this year. The Appellate Court has construed the act of 1905 to prohibit saloons being qpen or making sales on any such days. * * * *

CONDITIONS MISREPRESENTED

Morocco Courier Denies Allegations of Jasper County Liquor Organs. Tho Morocco Courier l —and it ought to know—defies the etate-

ment published in the two pronounced liquor organs of this county that drinking and drunkenness, etc., is much worse in Morocco now than since the town went “dry.” There is a cold storage joint there?, says the Courier, but the statement that cases of beer are bought and publicly drank about on the streets is absolutely false and has never been heard of there, neither do the business men keep booze on tap in their places of business where their friends can help themselves free gratis. Any paper that wants to be fair in this matter, and has not been subsidized by the liquor interests, would publish some of the items that appear in their exchanges from the “dry” towns that show the conditions now to be much better than when they were “wet,” but if any person in Jasper county has ever saw anything in either

Front Street, looking South from Susan Street. (From J. A. Sharp's ‘‘Souvenir of Rensseladr.")

of these papers that was in any way favorable to the anti-saloon cause now is his time to stand up and be heard.

MARSHALL-EIGELSBACH.

Mr. Albert Marshall, son of Mr. and 1 Mrs. R. W. Marshall of this city, and Miss B. Henrietta Eigelsbach, daughter of Mr. anct Mrs. J. J. Eigelsbach, were united in marriage at 2 p. m., Wednesday, Rev. Father Geitl of St. Joseph’s college officiating. The ceremony was performed in the chapel of the church and was attended by the bride’s brother, John Eigelsbach, W. J. Wright, and Misses Florence Marshall and Flosse Wright. A reception was tendered the young couple at the home of the bride’s parents, after the ceremony, following which they departed for Highland Park, 111., where the groom holds the position of quartermaster of Highland Park Military Academy, and where they will reside. Mr. and Mrs. Marshall have a large circle of friends in Rensselaer whose bbst wishes go with them.

KNOTTS WILL BUILD TO LOWELL.

Lake County Star. A. F. Knotts, the big trump card at Gary, who seems to make everything gohe undertakes, was here on Wednesday, and said to us: “If Lowell, Cedar Lake and Crown Point people will secure a 66-spot right-of-way from Lowell to Cedar Lake, and from there to Crown Point, and thence to Gary, or as far as the little Calumet river, I will see that a trolley line is running over the route next year.” He further says they don’t consider it would pay at first, but eventually it will and they will be on the ground floor., He imagines it would be the making of the towns and the country south of the Little Calumet river in Lake oounty, and further believes that many working in Gary would come to Crown Point to makp a home, and in a short time it would be double tracked. More than that, he promises to run over all steam railroad tracks on the line, thus avoiding danger and expense. It seems to us that Mr. Knotts has made a mighty fair offer and he means it. The money is ready for the enterprise. It’s worth a few minutes of any man’s time to look into our new fall clothing. Drop in, we would like to show you. Rowles & Parker.

Rensselaer, Jasper County, Indiana, Saturday, September 15, 1906.

GAMBLING JOINT RAIDED.

Officers Capture Outfit and Several “Visitors” Early Sunday Horn* log In Room Over Rosey’s Place. City Marshal Parks, Constable Vick and Nightwatch Zea, the former armed with a search warrant, swooped down on the gambling joint operated over the saloon of August Rosenbaum at about -1:30 a. m., Sunday morning and cap-' tured three tables and about a peck of poker chips, also a half dozen of the players and “Rosey” himself, the confessed • keeper of the joint. The entrance to the rooms is through the saloon and from the rear and side,, apparently, and several doors are necessary to be passed before entrance to the inner lair of the tiger is gained. Not having the necessary

pass-words the officers were compelled to demand admittance when “Rosey” asked “who is there?” and made considerable noise. When it was found that the cops were after them there was a dousing of the glims antj a hurried scramble for the exits,, of which there appears to have been a number provided, so the officers were unable to guard all the places of egress and most of the score or more who were in the rooms at the time made their escape. Of those captured or against whom warrants were sworn out, the following disposition has been made before Squire Irwin: August Rosenbaum, keeping gambling house, plea of guilty entered and a fine of $lO and costs assessed, $17.55 in all, Tom Johnson, late of Remington, visiting gambling house, same plea and same fine and costs. James Stewart of Brookston, same charge, same plea and fine and costs. Orlando Dryer of Lafayette, same charge; put up $lO for his appearance; forfeited bond and is supposed to be still running* Joe Lewis, same charge, plea, fine and costs. Gus Erickson, a one-armed mnn who works at the Irwin tile mill, found away back under the bed and pulled out and charged same; case continued to Saturday, Dan Waymire, the republican drainage commissioner of Jasper county, same charge, but for some reason the warrant had not been served upto the time of The Democrat’s goincr to press. It is said that had none of the crowd gotten away there would have been some names mentioned in the Justice's docket that their friends would not like to see in print, and it is regretted that all cotild not have been apprehended, for if a man will go to such places he should suffer the consequenoes, no matter what his sooial or business standing may be among those Who know only his respectable side. The gambling paraphernalia which included three tables, poker chips and some few decks of cards, was turned over to Sheriff O’Connor to be burned, as provided by law. The plaoe raided has for years been considered by the general public as a “joint” of this character, and could have been closed years ago if the proper efforts had

been made. It is rumored that there are other like gambling places in the city that need attention, places where young school boys are taught the rudiments of games of chance, and it is to be hoped that they, too, will receive proper attention and the officers will have sufficient force to completely cut off all escape of any who may be found there at the time the raid is made.

MONTICELLO GOES “DRY.”

The remonstrance against the liquor traffic at Monticello was held good last week after a hard fight by the saloon people, and as soon as the present licenses expire the town will be “dry,” Two of the six saloon licenses expired Sept. 4 and the other four go out bext March. The liquor dealers have appealed to the circuit court, but it is not thought they will be able to reverse the commissioners.

THE GRIM REAPER.

J. F. McColly, Mrs. Lewis Davisson and firs. fl. F. Goble Answer the Death Summons. John F. McColly, whose serious condition from Bright’s disease whs mentioned last week, died at about 9:30 a. m., Saturday morning. He had been in poor health for some time but it was only last week that his condition became so much worse that it was considered hopeless. He lapsed into unconsciousness Thursday and never rallied, nor recognized anyone from that time, passing peacefully away Saturday morning. The funeral was held Sunday at 2:30 p. m., from the residence and was largely attended. The services were conducted by Rev. G. H. Clarke of the Christian church; interment in Weston cemetery. Deceased was born in Deleware county, Ind,. July 7, 1859, and at the time of his death was 57 years, 2 months and one day old. He moved with his father, Clark Mccolly, to Jasper couuty in 1869, and had since resided here. For a number of years he lived in Union tp., coming to Rensselaer some years ago and embarking in the grocery business, in which he was still engaged at the time of his death. He was twice married, first to Jennie Braddick, March 21, 1872, and to this union seven children, all still living, were born—Mrs. Clara Coen, Fred McColly, "Mrs. Rosa Yeoman, Mrs. Mattie Kresler, John McColly, Jr., and Misses Floy and Merle McColly. His first wife died in Match, 1894, and he was again married March, 25, 1896, to Mrs Serleda McColly, who died July 19, 1904. He is survived by four brothers and three sisteos—James and Edward - and Mrs. J. E. Alter of Union tp.. Ben and Charles of Chicago Heights, 111., Mrsrf C. D. Hopkins of Rensselaer, and Mrs. G. W. Bayne of Monticello. All the obildren and brothers and sisters were at his bedside when the summons came exoept Mrs. Alter, who was visiting her son Cecil at Salt Lake City, Utah, and Mrs, Yeoman, who had been with him but was at her home in*Union tp. at the time be died. Mr. McColly was a man who was well liked and held the confidence and esteem of his associates and citizens generally. He served several years as a member of the oity council and was a member of that body as well as of the library

board at the time of his death. The world would be better if there were more men like John F. McColly. Peace be to his ashes. Mrs. Hepsabeth Davisson, wife of Lewis Davisson, died at her home on South Weston street at 9 a. m. Wednesday, aged 74 years, 10 months and 21 days. She had been in poor health for the past year, but was about most of the time. Sunday she was taken much worse and complications set in which caused her death. The funeral was held yesterday at 10:30 a. m., from'the M. E. church, Rev. J. C. Parrett, in the absence of Rev. Kindig, conducting the services. Interment was made in Prater cemetery in Barkley tp. Hepsabeth Haynes was born in Columbiana county, Ohio, Nov. 3, 1831. She came to Jasper county, Ind., with her parents in 1852, and on March 27, 1853, was united in marriage to Lewis Davisson, with whom she had lived for over 53 years, and who with seven of the ten children born to them still survive. At the age of 16 years she united with the Methodist church and has since been a consistent Christian, enjoying the esteem of all who knew her. Most of her life had been spent in this county, in Barkley tp., although the family lived for several years in Warren county, and awhile in Carroll county. The surviving children are: Hannah Davisson and Mrs. Mary E. Galbraith of Rensselaer; Geo. W., Amos and Harvey, of Union tp., the latter being the present trustee of Union; Grant Davisson, present trustee of Barkley tp., and Josiah Davisson, of Walker tp. There are also 12 grandchildren and four great-grandchildren. About ten years ago Mr. end Mrs. Davisson moved to Rensselaer, where they have since resided. Mrs. Emily Goble, wife of M. F. Goble, who lately moved here from Fair Oaks, died Friday night, Sept. 7, at her home at the north side of town, from paralysis, with which she was stricken the Wednesday previous. She was 68 years of age and leaves a husband and eight children—among whom are Mrs, Mary Thornton and Miss Ellen Goble of this city. The funeral was held Monday at 2:30 p. m. from the residence, Rev. B. F. FergusoD conducting the services, and interment made in Weston cemetery.

HIS WAS “TWENTY-THREE.”

Wm, Gordon, a big, fat, lazy duffer who, it is alleged, was horsewhipped out of Brook some time ago, was arrested Tuesday night on the charge of vagrancy. He had been hanging about town for a week or more, sleeping in barns, and Cooney Kellner had driven him out of his barn several times, at last becoming tired of driving tbe fellow off, had him run in. Squire Irwin released Dim on condition that he get out of town at once and stay out, and that if he was seen here again in the next two weeks sentence would be passed upon him. He got.

THAT ONE HUNDRED DOLLAR PRESENT.

Mr. Editor:— l desire to call the attention of the Board of County Commissioners to Sec. 33 of the county council law, regarding pay or allowance for “voluntary services,” before said board allows or pays the SIOO to Moses Leopold for making a plea of mercy for the McCoys, in their trial recently at Monticello, and for which service the county council of Jasper county kindly appropriated from the public funds of said county the amount necessary to pay the same at their session last week. It might not be out of place for the county council itself to study the opening paragraph of said section also. If Mr. Leopold was employed in this case by anyone having any authority whatever, I would, like to know it. It strikes me that our county council and commissioners should be just before they are generous, especially with the burden of taxation we are now suffering from. Taxpayer.

“Printzeßß garments” means perfection in style, quality and workmanship. Latest fall styles at Rowles & Parker’s. Come in and see the new corn crib electrio weld wire 2x4 in mesh No. 11 wire. ** Chicago Bargain Store. Best styles, lowest prices on sohool shoes at Rowles «fc Parker's.

Vol. IX. No. 24

THE COURT HOUSE

Items Picked Up About the County Capitol. Already nine marriage licenses have been issued this month, “and still there’s more to follow.” —o — Joseph W. Coen has been appointed administrator of the estate of the late John F. McColly. —o— That old moss-covered case of Jacob F. Heinzman vs. the board of commissioners of Jasper county for extras on the new court house and which has been lying inactive in the White circuit court for some six or seven years, has been set for trial there next Monday, but whether or not it will be tried is problematical. —o— The liquor licenses of Conrad Kellner and August Rosenbaum will expire at 12 o’clock, midnight, Monday, Sept. 17. Henry Hilderbrand’s license will expire at the same hour next Friday, Sept. 21, while Geo. Strickfaden’s license will run until midnight of Friday Oct. 12. After the latter date Rensselaer will, theoretically at least, be a “dry” town. —o — New suits filed: No. 7070, John Knapp vs. Edward Oliver; action in replevin. No. 7071. Samuel Kight vs. Everett Finney, administrator of the estate of John G. Heil, deceased; complaint on note. Demand % 177.81. No. 7072. Maria Biggs vs. Everett Finney, administrator of the estate of John G. Heil, deceased; claim, demand S2OO. O—— * Marriage licenses iesued: Sept. 10, Albert Earl Armstrong, of Brook, occupation farmer, aged 22, to Iva May McKinney, of Kniman, aged 16, occupation, housekeeper. First marriage for each. Sept. 11, Albert L. Marshall, of Highland Park. 111., aged 28, occupation quartermaster, to B. Henrietta Eigelsbach of Rensselaer, aged 23, occupation teacher. First marriage for each. Sept. 12, Meed S. Findley, of Brownstown, lnd., aged 33, occupation farmer, to Emma Lubker, of Rensselaer, aged 23, occupation housekeeper, First marriage for each. —OReaders of The Democrat last week no doubt wondered why the amounts of the special assessments in the commissioners’ proceedings were left blank. In copying the proceedings from the record these amounts were there left blank, so that the auditor might fill in the amounts necessary as soon as he learned the railroad and other corporation assessments in the county, as we later learned, but the item was inadvertently put in type and run in the paper, when it was intended to be left out until the amounts were filled in. These special gravel and stone road levies have now been fixed and as follows on each SIOO valuation: Keener, 80 cents; Gillam, 60 cents; Hanging Grove, 40 cents; Marion and Rensselaer, 35 cents; Marion-Jordan-Carpenter, 5 cents.

YOUR CHANCE.

Join the excursion to Milnor, North Dakota, Tuesday, Sept. 18. Round trip $24.50. Finest bargains ever offered, on the easiest terms. Flagg Agency, Rensselaer. Those “Best Ever” “Rain Proof” school suits for boys are the best in the land, at Rowles & Parker’s. Girls wanted. Steady employment, good wages. Fowler Glove & Mitten Co., Fowler, Ind. Pencils, tablets, book straps and all little school supplies at Murray’s. A car load of fancy peaches, pears, etc., Tuesday and Wednesday, Sept. 18 and 19. Chicago Bargain Store. See those new Printzess garments at Rowles & Parker’s —no old styles—no carried over wraps —every one a new one. You can save $$ on farm implements, stoves, furniture, buggies, wagons etc., mail order depart, ment. Chicago Bargain Store.