Jasper Weekly Courier, Volume 27, Number 50, Jasper, Dubois County, 2 October 1885 — Page 1

J ASPER

Weekly Courier. VOL. 27. JASPER, INDIANA, FRIDAY, OCTOBER 1885. NO. 50. i 1

rVlMMIKB KVKRY MIDAY, A.T JABrKK, BUBOIS OOBSTT, IDAXA, BY CLEXBNT DOANE.

OFFICE. Ik Cooriib Boildins ok

ffMr Sixth otrrbt.

FMGK OF SUKSCKIl'TION.

dingle SboriptloB, for fifty No., $1 5o

rut

WASHINGTON LETTER; Washington-, D. U. Sept. 96, 1&M. The appearance about Washington of

the familiar faces of public men who J

through modern pictorial art are known

almost as well in the hamlets of this vast

rrilE CLEKK'S OFFICK OOX-

TKST.

KATM Of ABVKRTMEIM.

For sqmare, 10 lines oriese, 1 week, $1 00

LoBCec advertisements at the seme rate, ti Artr even snuare or square,

jiitij a square. These are the terras jt Adrrtiaements:a reasona-

hi. dedaetio will be made to regular

'"vSH"! annolntraent of adminls

trafrers andlegalBoUcos oflike character

t Bl IB ttTBW. ASX0UXC1X CANDIDATES.

wm Tawnshin OfScers, each fl.00

For County " " 2.50 For District, Circuit, or State, 8.00 "Thomas HTDillon, Attsrney and Counsellor al Law, JA8PER, INDIANA. CMXSOrKKgia tfck ml 3rfIg CoMi, wj r l Un l wlt e heme. w Mcki i" Bre. rB store. Jaljr , JOIIIV L. BBETZ, ATTORNEY AND COUNSELOR AT LAW, JAIFII, MWAITA. rFfOK ver Jefes Trailer Saddler Shop

Judge Welborm'M RhIIhjc mad the reasons tkerefer. In the acliOB of the SUte ex rel. Jo.

country as at the Capital itself, Indicate onh DiOT

u. Uuuuyi..1ii uUU Vi iu. u iru ,t Court, the defendant filed a

imcai opening, ine city is aiert wuni. mnppap t- lkm p,-5n,tff informs

preparation. Hotels and boardinjf housed,. . ,i ,w,i

private residence and .hops streets "dp-;,," in hat tbV deah of Yr7Lo.. s!de-wa ks, are receiving touches ofE. B , . rt Wo h. had aual.

rauuvauuu, u ate uv, ue.r ,J"uuhfi ad as cl erk r. did BOt create any vacaney

auu iresuness renewed wim sucn cos-... ,t, r ,, r.,P

The most

that which

metics as paint, wmie-waan, wau-psper , . f dBfend:at The demurrer

aud paving-stones. r . . . rfd aad

(tniiortiiitiniiD imnrnvAmatif 1U ' ' . i . i

'.kTp w i i 1 V AI'T.o YJudge We born took three days in wnicu bas been made i& the Capitol? .M,hftritIiHi and think over

Marble traces nave been duhi aoom fa , f prMnted 4Bd tltn overruled the North and the Weet wings w th the h d gH ' ,u opiBioB result of irnproviug the symetrica effect fa f whj'ch RgKa mgtter 0f general of the build ug by reducing the dispro- pnub7te7Bt,mt we publish below. A portion or the dome. f venU8 from tbe Judge was Between forty and fifty workmen .are fheBdenMdea by the defendant, and now eB?agedInthework.Bb8 Malott's ruling followed Judge ilia in n ih ciltfwf tli c fTanifnl nranAnne ... w

the marble and granite bloekf for tbej Mr. Schubmacber is nowin poseion

terraces. 'Jims work' is oeing pusueui f 4. w;n n tn the

i nner ranidlv. Thei trrr wnrk baaC ' . - J..

-.-..jh ... j. cjupremeoouri lor nnai aujuuicauuH advanced so far as to enable one to eeer 1 J

(he beautv and ralne of the ininrove- 5.

rnent. There are 150 men employed at State of Indiana Ex Kel. In the jjudois the work. Thepe include laborers, brick-LToseph I. Schubmacber, I Circuit Court,

Isvers and weil-tiers. ine latter ar vs. ; oepi. leria,

pisnlovcd in siskins' wells down Eomel Peter J. Gostaaun. ) loob.

4 , - fc" I - '

twenty-five feet below the present sur

see of tbe srround. ihese wells are,

Hlled

A correct solution of tbe controversy

! ii.!. .i...... ,i il omcirnx.iijreeae iai:en itn

. . ii ii linn a.HES uim.uua uiuss

up witu concrete auu stone ma- ,. t.t . , tn . -tno.kts death, all tee

nnrv. Mid Iwlween the Wells HISSS VeV"" . ,.6 . T . V.Tr.!l If UmW ha-ra luf

; ,v . . . i . ib2 and zo oi me nonsmunun ui in-brick-arcbes i are constructed to support d, d j 3 of tbe n. S. 1881. the walla. Th , method 11 Pi ccUou 152 of tbe couslUution reads af

save CAceiisT, iiiuc, im iu niuis MnllowK-

louuua on. 10 av iue cuu, . .. Jn escll

lountiauon wouia nc aanxcrous. iiw, 1... .l. ti. r rtr

rontraelor fels assured that he cau finisll IMO .V!t.

.t r m il a nuiUillZ ECUUI

ne, I! a"a.?"1 VP8"8..0!1"?.. ?5Sf!karce!t CburL

.u u iu. u. UU "H-oHtioue in office

W. A. TRAYLO. W. S. HUNTER tfttorneys at haw, Jasper Ikdiaxa,

WILL MMleW 1b tfce CeU f d MHtor MMte. rtUf He0 glw w

BKUKO BOITTKIR,

And Netary Pablic, Jaspxr, Iibiaba,

rmw. Ue la U tk Cert. r f4

Attorney at Law

69Eon. xrre parmious rc uuw winy oya tn Hip i made to lay A e flagging of tbe ortufe em e?h.eigh terrace, which alpo forms the roofs oft' i-j oftwalve vears" of the vaults. There will be twenty "i i? Siifl-.-

large rooms on tbe North side. Some;

would ltave bee a raeaeey after the expiration of the defendant's term and the tea days allowed by law for the successor to give bond, bet bo one would question for a moment the right of the de

fendant to continue to hold the offlce.

discharge the duties thereof, and enjoy tha eaaolnmeaU until tbe vacaaey was

filled by appointment and tbe appointee

properly qualified, upon tee bhkhiob and commission of Mr. Greeee, the ex

piration of tbe term of the defendant, tbe failure of the former to qualify with, in the time prescribed by law, and the appointment of a competent person, ingrafted the rights of tbe appoiuiee to those of tbe clerk elect, and upon tbe qualification of the appointee the teecesor is erected and qualified. Tbe letter and soirit of tbe constitution are

both satisfied, and a wise provision of

tbe Legislature, section 6627 supra, ta unheld. So. in. the case at bar, upon

tbe election, commission and death of

Mr. Greene before his term commenced,

and tbe appointment of tbe relator after tbe defendant1 term expired, tbe rights

of tbe relator are grafted upon thoee of

the deceased clerk elect, and the detenu; ant's successor hae been both elected and

qualified within the spirit of the constitution. ' Under a constitution like ours, the fact that tbe defendant had the lawful Hgbt to hold tbe office and discbarge the duties thereof at the time tbe appointment was made, k no valid reason why a vacancy did not "exist. Had Mr.

Greene taken the oath of office before

cases bold that there

would have been a vacancy, State ex rel. Elliott, vs. Bemenderfer 96 Ind.

374; State ex rel., vs. Seay 64 Mo. 89, (27 Am. iiep. 306 ;) yet there cau be bo doubt, that upon the facts stated in the

complaint, though Mr. Greene bad ta

holding general elections, a. clerk of theska the oath of office before his term

The clerk shall

four vears: and no

office ofi

; years in

Section 23S, supra, provides that any

of them will be ready for occupation

atwut two weeKS 1 me. iucm rromw , , t- ,rfrxhmA .d nBtlS hi

tll U,.tT ft.f. Inlnr nr nart of thf Cani J . ; ' . . V " " ,

vi ait imw w i' - - g,--

tol of a vaat number of documents.

I OI & YSMl suuiusi ui uuvumeum JflUalified

in tne OHiimng iweii mucn on. . c. ial. k a fellows :

h-Wheueyer any vscaivcy occurs iu any

done to prepare for the coming Con

ereee. come 01 ue iximmiuee roomfj

particularly mat or commerce, ciaimw

and Horary on uie tiousesiuB, anupnvi lege and eleclionB of the Senate, are be 1b? handsomely fitted up, aud the cell

HUT auu wans lle.uu. inn nmnuxr.

"The Iktlle of the Thames' and the!

"Capitulation of the Oity of Mexico,"

have been unisneu ana win eoou ue nlaced iu position in the rotunda. Such

is the pressure lor Committee rooms in the building that the document room had to be removed to au interior part,

whera there s but little ventilation, and

the room surrendered to the Committee!

circuit or district ohlee commissioned

bv tbe Governor, he may fill such vacancy until filled by a qualified successor."

Section a563. "The i;o&rd or uouaty

(CouiHUrtionera shall fill ail other vacan

teies iu county oftjecs."

commenced, the defendant would have

bad the lawful right to continue in tbe

office, and the tame result would follow

bad be lived, but failed to give bond

within the lime prescribed by statute.

The case of Com. vs. Han ley, 9 Pa-

St 513, is made to hinge largely o this

proposition. Tbe inquiry te made, "how

can it be said there ie a vacaaey in the

effiee when there m already an effieer

duly instilled iu tbe office legally aulified te discharge the duties? Tbe coB&tiiHlion of Pennsylvania is eeeentially diSereat from that of Indiana. It will be sees from sectioa 152. 3 urn a, that the term of tbe office is fixed at lour rearb. and no nersoe shall be eli-

igible to tbe office more than eight years

titutioe Might be eoeapHed with by offiter e4ee4,ad tbe epirit wholly vie.

hued If tbe haeumbesit ecu Id not legally

discharge tbe dutiee of tbe effiee eUl tbe actual iuductio into office of tbe

successor. While it has bee decided, ae to an officer who is not required to keep hie office at any particular oCee, that BBoa tbe electien and qBaUleatie of a successor the powers of tbe eutfeing officer is at an ead, yet as to ae office that Bmet be kept at a partieeiar place it is certainly doubtful whether such ought to be tbe rule. Suppose Mr. Greene bad lived, he bad already fivoa bond, and suddosc be bad take the re

quired oath of office in a remote pert eC the county, or in some other part ot tbe

state, and bad ot appeared at tne eaaee provided for tbe Clerk of tbe Dbee Circuit Court, at tbe expiratiM of the tern ot the defeadest, tbe letter of tbe

constitution is complied witb by tee

election and qualification of the sueeea

eor, but iU spirit ie groesty VMHecea, tbe defendant would not have bed the

legal right to discharge the duties of the. office for tbe benefit of the public uetil the actual appearance iu person or by deputy, of the officer elect at tbe proper place, or until his place wae properly filled by appointment. Tbe case of Peotile. ex rel. re. Potter. 47 K. Y. ta

an instructive case, nearly akin te tbe

one at bar. wherein the letter of the eew-

etitutioB of New York, ie home down, ia order to avoid evil and absurd results, and the trne object and meaning aa eertad. Upon the election and oeenieeion of Mr. Greene the term of office of tbe defendant expired on tbe 18th of August 1886, it was of bo consequence to the defendant or to the public whether he had or bad not qualified before hie

death, he wae not present at tne expiration ef the defendant's term, hie absence was occasioned by death, hence there wae vacancy but whether he bad er bad not qualified, tbe defendant bad tbe lawful right aad it wae a duty be owed to tbe public to continue to discharge

the duties of tbe once; upon tee appointment of tbe relator aud hie qualification he represented tbe clerk eieet,

there was then a living sneeeeser etes and qualified, aad the righta ef tbe

rru- ,.,i: a-.rs 41,. r:tfin,ai.n' ia any neVlod of twelve rears, while

term of office, as Clerk of tbe Dubois'eC'ioa 225 supra makes provisions for Circuit Court, expired August IS, 1865,(m l oceupant of the office iu oae of the

that he had filled the office by election

for eight years next prececdiug seld

date; that lion. Bazil L. Greene w5 dnlv elected at tins general election in November. 18S4. lad been commissioned

f!hy the Governor of the State, and had

nnrftsrn Anairs. 1 iib oetreisry ui : i r . v. t a

.1. - Nfiveu uoiia 10 me spitium ui uic xnmiu

btaie,wuen coniernng wu . , ;f CoBBlv CommiWioners, but it is not

raittce. does 80 in sccreu uc uierK .1 .;.. -..... ,.u r

. 5 ... IVCl'lCU UilU10CTCBOl IWlk ire Wi

mereiore, 10 r. kilfice before his death, which occurred

JAPEK, IND.

- . . . . t. .1 ..

The docnnient room was wiwu ua w - nniWtj , fii.- .hnlRpV o An?.

muviMiuiiwsumivu..,. . in l8S6, (he Board of County Uommis I A Urge force of men . Pointing ' ' f Bubois county, being of th.

'interior or 'J i"bpinlon that a vacancy existed in the of-

iMH4 hHMiwr W hh w..-" - . ti a ,rv,)r TJi Rn.CB, nupuiuiow lire

oskt in"cwmt" wmt.-m- ,iocnw ."t,-, vacancy

Mum 11 1 mimp . . . t (ma v i nun nils in 1 1 iiu amrsaa imiiiiciiii , ..-

v. wiLSdsr. I. R- WlLo

V":7' ' tlim. MOU

Wilson Brothers,

IEKTIF1C EUTISTS, HUMTIMCBURC. IND.

AU wrk wwraiHH, M HctMi raitft?. Oar fM In tb roln. jwtwHl Sk W BiMfUl. tttMn t Ihhi.

atrOBk 1h St. Clair Hetel bMll.tlHir. !,

GET YOUR COAL CflEAP !

Eckert & Cebhart, COAL DEALERS, Are ready new to deliver tbe BEST COAL mined ie Southern Indiana, from their Mine ibree-quatteis of a mile Xertb-weetef Jasper. A lower vela than either or the other ininee are working.

Or tier left nt the Store of M. A. Secmereheim Jt Co. will receive

Fmmb attention. July 17, 6-

BRICK FOR SALE 1

1 H0CHGESAN6 1 MOTHER, lMtekMUMrifmrljrktrHbrttr IJfer. WW mw Uvttfrt ttmhk tHR BUST OF MUCK hi My qHMUtJ AAtti, t Um TAKD OH THE TROY ROAD.

fMSMkriSMtiN wnl pM U llltett H0OSK

WR WiU. AJsTcOKTRAOr MB1LMKM Ml rmcxisM A tli MATXRUUS. MTGive was at, Osall. A. BIOCMSMAX. MKOTHKK. bMN,a-ly.

vast army of assistants aud clerks.

all Al 1UC UIBB UI Will i nnHiuioai, nm alii , ... 5 rit.

The Su

preme Court chamber has been painteui oud ihn marble cleaned down. On all

... . iA.wi: lucre a vacancy iu i im; ujic v mc e dos the busy workman c wm his hand to beautify the buildiug before gnd mt1ltil o the conRutuUoB? Con gre?s convenes. This nnetion. I think, must be an-

The new Tension ouiiumg if .,,, 1 , . tfflriaalir. or ejM A nvim

completed ana is aireatiy ki. pu , . f Le.i9i.tiT. enactments must be

the Corauiisstoner 01 ransione, nnu u., . , hgId yM nd olhtT

Itesnlls follow, entirely opposed to tbe

1 t.. T..tl.i:...r ia linrl.. Ill 1MB OTIrAmp.

reuaiuu -e.:" -" 7sn r t of the C0H3tituti0U.

and lb uk; X !Lv;,w.- tT. 4 The infirmity of tbe

WarillUE, 811U cim iuouu w.. . l nr il, nrnnoa limi.

Ew a ltfiililini fin iiVk(t i' "7

. i VI e uuiiuim ov

HnHal Architecture

vast, and so enduring, no worse design or material could have been adopted. It innira ilL- a factorv or a mammoth pris-

ou. aud it is so unfortunately situated as " . , li . .A il.

argument for the

consists in

the claim that the successor must oe

fleeted and qualified, and that this elec

tion and qualification must ue necessa

rily one aud the same person.

If upon the facts stated, mere was no

, . : - . ., 1

to be conspicuous ironaau imru. ui c, ; , ,B . f Aueug, tlwa Jt

city. . ImuBt follow that if the late Mr. Greene

. , m " hiad lived but bad failed to quality and

A woman, or a man for that matter,

i...i 1.... Li inmnrv miiip nnni nei

Li,ftflftr too still to benUiu prayer. tor me reason ii wiubwhiwhi,. v

11 tititimrhtirir Tndenendeut. (cesser was not

u c

mi.. .t... ..ni.tni win- lit Dalrland ined.

XI1D UOU " "J , , 1

I HllUU ClaU

A,iiBn.i,vftoodmanvmen.a3wellPH.u;io t o

City girls have forgotten tbeir prayers

-Petersburg News,

both elected and quel-

But such has not been the con

struction placed upon the constitution Wither by tbe Legislature or by the Su

it.. a.ii a niniup hentemoer xoj

iu bia ... .,..teeribedbv iaw.ltie

M reported to tne sccremrv ui V The nfovisibns of Kn-rA m halth has been 4, againet SM. AB P0"J,,4ri

c-it.. no? T C 1VL41 in an fnllnvt

17 - - ft, 1 oCSllUB wait J.. J. .w..- -

as Kins iu iciuiouu.fc, a ; rlf any oacer ot wnem an omei w land, aud iu fact every where, can t pray . A . u,. fgi, t0I1 d,ys

- 1 . 1. ...... All.lHn lift m , .1

thenaselve?, or Kueei wncu oiuoia uu. . ft - h c0MBienWment of his term or

. -1 tllAa Tnillana forkffice and receipt of bis commission The nurabflr of suicides in Indiana iorr . ; , . mani)r Dre,

omee saan oe Tacani.

tkfc section have m tml tna&n Ldraa SmajI ttffi

or the correstioBding period S rBakTr el

Of the total, 33 were mates J; VI Wambaugh, 99 led. 112 ; State, ex iiM! iTatiifiMiir was the oomuiiBesif t " , a, T.i tui7.

2 remaiee Bavine; ,m T,.,V In the cam of State, ex

this way. Ui v. iwi d. La. an. 273. It wae held

The Indiana monuments en the ZXTci.li.4t.Wlnf Gettvaburc will be unveiled time prewribsd ay iaw creetea a yaean

OcTje, ,ed Qor. Oh, uA hk ff wil!" tber

failure of the officer elect to appear and

take charce of the office. Tbe clause in

the constitution of Pennsylvania, which fixes tbe tbe term names the number of year?, and until his fciteceesor shell be

qualified.

Tha term ifseuis not limited net is a

continuing one, while under tne consti

tution of this Stale, tbe term is limited,

ana though the occupant mav lawfully

hold over and discharge me duiiet, yet

the period h held over is not reckoned

as a part ot toe term 01 tne omce, ana

would not be computed as a part of the eight years in any period of twelve vears, that a person may bold tbe office. In the Pennsylvania case, the court says

that one of the controlling objects of

the clause In their constitution, was te take from the Governor tbe appointing power, who before its adoption bad power to fill the office by appointment

during bis pleasure, in tats state, tne leading object was to prevent the office of Clerk and the other offices named,

iioni being held continuously by one

and the same person for a great number

of vears as bad been tbe cae before tbe

adoption of the present constitution.

If there was no vacancy to ee Ritsu

by appointment, at tbe time and under the circumstances averred in the com

plaint, tbea it may well be doubted

whether tbe people can nu tne omee ay

election until the year is&i, thereby giv

ing the incumbent twelve years; see section mi, K. S. 1881, but if upon, the

tacts stated there was a vacaney that

could be lawfully filled byappeiBtmcut,

then it is clear that the appointee can

only hold until the election and quel

mention or bis uoceeor. ana ny tee ex

press terms of the statute, section 4478, Ii. S. 1881, tbe successor must be elected

at tbe general election in 188.

The law aitaenes no importance to

acts that can be of no avail, either of

benefit or injury. Of what importance

to the public or to tne rights or tne de

fendant can it oe wnetber tne eierx elect,

after his election and commission, took

tbe oath of office before the term of the

defendant had expired ? At the expiration of the term, on the 18th of August,

the clerk elect, though be had given bond and qualified, wae dead and there was bo oersott to d lecher re tbe duties

(of the office exeept the iaeenaheut, aad

it was to provide mr teea a eoeoogeacy that section SM sera,wftf adopted.

Yet all are agreed, thai fa tbe eeatingea-

cy last named inert ween neve eeee a an e m , a

vacancy to ee Alien ay annetnitwcBi.

On the other bead, the letter of the eee-

feedeat longer discharge tbe datfae of the office ware at am ead. This, I think, would be 'in aeeerd wtth aba spir

it and Bseaning ef the soaetituttaa ef this State. Tbe constituiSea of Ohio ape cafe subject k ia all respects similar ia tetter and arrangement to that of Iadieae. See section X, page 147S, aed seetioa 10 page 1490, ptrt 2, Charters aad Cmstitu lions. The Supreme Court of that State ia the case of State, ex rel. vs. Hopkins, 10 Ohio St 50, held that tbe death ef tbe person elected before qualification ere , Ated a vacancy to be filled by appeUt

ment. The demurrer to eoaipmiat M overruled.

O. M. Welborx, Jadfe.

Ximrods juet returned fiMe

county report tne woene ,aa

the country adiaceat to

abounding in snipe", quail, plgeee, tar-

key, dues, wootioocx, squirrel, aae, ib. some Instances, deer. A hunting party composed of about a doeea Xvanaville. sportsmen will leave for HuaUngbergh early next week, and expect te oema heck loaded dowh with aae.--Iyas-ville Courier. Where wae I, ma?" said a lHUe Mrefcka to his mother, as he stood gaaingat hie dranken father at Salt wVi park ysstsr dev. "Where was I whesi ye nearrisdl na? Why didn't y ob take meal? I

could have picked or.t a better :

be is." Evansvills Oourier.

ProfesFdr Tfee'e son-in-law says

indications are that the fall of 1S65 will be cooler than that of 1884 aad farmera may look out for frost early. Any farmer who mils to look out for it after tbie warning deserves te be frost bittoa. Petersburg Xew. Christianity Is protected as the Stalv religion in Msdegasear. The b3et authorities place the anaiber ef Protestants there at See.OOO aad Bomem GataeHos 15,000. Kdscation ie oompelsery. One district alone makes a r stars ef 160,000 pupils in the schools. "Well, may I hope them, dearest, that at some time I may have the bepplaeea of making yon my wife T "Yes, I hope so. I am sere." she replied. MI aat tired

of seeing fellows for breach of pr easiest

The state officers have arraagsd to

borrow from the state university endow

ment fund $ee,e00 for the nee ef nam state, ae they are amtheriaed te da by law enacted leet winter. A dripping aW half-fall ef eeid water em the npeer rate ia the even will prevent eako or pies frees bera4ag . Tesde

Mere butter k spoiled by baiaf everworked than by mot beiaf wecked eaoef a. f rairie yarmtr.

if I 1

1 i Th4

t