Jasper County Democrat, Volume 14, Number 5, Rensselaer, Jasper County, 22 April 1911 — THE COURT HOUSE [ARTICLE]

THE COURT HOUSE

Items Picked Up About the County Capitol Argument in motion for a new trial in the Condon will case from Newtrfft county will be heard today. C. F. Stackhouse and J. P. Simons, who were selected as federal jurymen in the court at Hammond, went there Wednesday.-' . - ' _ / ; _ The Hon. John E. Osborn of Decatur county is beingffioomed by rhe democrats of the Sixth district for state chairman, to succeed Stokes Jackson, recently elected sergeant-at-arms of the lower house of congress. The old suit of Stephen Thayer vs. Patrick Hallagan, which grew out of the Sim Dowell, et al. cattle stealing case here several years ago, was dismissed in the Benton circuit court Monday. Thayer not appearing. He sought damages because his land was attached by the Hallagans. Owing to defective indictments, all the old cases against A. E. Kirk, the former Parr druggist charged with illegal sales of liquor, were dismissed by the prosecutor Wednesday and six new affidavits filed by the prosecutor covering the same alleged illegal sales. Up to yesterday morning the marshal had slaughtered 19 dogs in the city, found without muzzles, and their carcasses were thrown in the fire boxes underneath the boilers at the light plant. Dog owners 'should remember that there will be so “monkey business” about the enforcement of this dog muzzling ordinance. The Hawkins will case in Benton county, the decision of which in the lower court was recently reversed in the supreme court and sent back for new trial, has been compromised among the various heirs and the big estate, consisting principally of valuable farm lands about Earl Park will be divided up satisfactorily, and the lawyers will fail to get onother big slice of the property. The crow bounty bill of Representative Brown of Monon, passed by the last legislature, seems to leave the matter with the county councils as to whether the ten cents per head bounty shall be paid. It says the county councils “may appropriate.” No appropriation for the purpose has been made in Jasper county and we do not how our county council will look at the proposition.

New suits filed: No. 7723. Jesse C. Gwin vs. Amanda Pearl Blankenship, et al.; action to foreclose mechanic’s lein. Demand SIOO.

No. 7724. Hiram Day vs. William G. Caldwell, et al. and Z. A. Cox, cross-plaintiff, vs. same; action to foreclose mechanic’s lein. Demand S6O by Day and $450 by Cox.

No. 7725. Samuel Smith vs. Patrick Hallagan; action for damages for conversion of one black horse named “Jim,” of the alleged value of S2OO. The Republican says it wrote a letter to Attorney-General Honan for an opinion regarding the 1,000 population limit of the Proctor liquor regulation law, and that he declined to give an Opinion; that, he does not care to assume the responsibility, saying it is a matter for' the county commissioners and county attorney to decide. Now The Democrat wrote Mr. Honan April sth regarding this same matter, knowing that it was scarcely his province to give an opinion to private individuals or newspapers, but taking a chance

at Securing an opinion. He replied that he could not give out an opinion except to public officers, and referred us to the county attorney. There was no effort on his part apparently to side-step the question, but a mere reiteration of what we al-

ready knew, that it was not the custom of his office to give out opinions to every Tom, Dick and Harry who might write him. Therefore, as we already knew who the county attorney had said, we made no mention of his letter.

However. Judge Van Fleet of the >t. Joseph superior court, in decision that put ten saloons out Oi business in South Bend • and Mishawaka, said a day or two ago regarding this law: “It is to be borne in mind that one of the objects of the statute is to limit the number of saloons, according to the population and where they exceed the number to reduce them to that number, so that any doubt or ambiguity in the language of the statute should be construed to carry out the general purpose of the statute.” And the Proctor law says that not more than one liquor license shall be granted for each 500 population, which limit may be increased to one to 1,000 population by the county commissioners—which was done in Jasper county. Some attorneys here construed this to mean that a unit having, say, a population of but one, means one license and that 1,001 means two licenses. Do you believe this? Wm. E. Brandenburg of near Wheatfield, mention of whose arrest on the charge of forgery was made in Wednesday’s Democrat, has “fessed up,” it is reported, and will likely throw himself on the mercy of the court, he having borne a good reputation heretofore. His father visited him in the jail Wednesday and to him, we are told, the young man admitted the charge was true. It is said the amounts received from the forged checks will be refurtded and it is ‘hoped the court will be lenient. As a matter of fact the amount of the check on which the arrest was made, as shown by the affidavit now on file in the clerk’s office was but $22.20. It was given on the Wheatfield Bank, dated April 14, made payable to “W. J. Smith” and purported to have been given by J. C. Calloway, Court proceedings since our last report: State vs. Albert Kirk, four cases; al (Msmissed. State vs. George Miller; re-set for third Wednesday^ State vs. A. Robbins; re-set for third Wednesday. State vs. W. E. Brandenburg; set for trial third Tuesday. State vs. Albert Kirk (six cases); bond fixed at SIOO in each case with Hiram Day as surety. Defendant takes change of venue and cases sent to Newton county. Horace Marble ditch; cause submitted by agreement as to C. I. & S. Ry., and judgment confirming assessments. Lewis J. Lane vs. St. Louis & Southwestern Ry. Co:, et al.; court finds for defendants, judgment vs. plaintiff for costs. Williard J. Tilton vs. R. M. Kistler, et al.; defendant files affidavit for change of venue, and case is sent to White county. Charles G. Kissinger, et al. vs. Harry P. Kissinger, et al., commissioner reports receipts since last report of $330.64 and expenses $16.60. Court allows commissioner $lO and G. A. Williams $lO. Clerk directed to make distribution and cause dropped. Samuel Hartsell vs. Samuel H. Hartsell; commissioner files report showing al funds distributed and same is approved and commissioner discharged.