Hammond Times, Volume 4, Number 174, Hammond, Lake County, 12 January 1910 — Page 8

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THE TRIES.

Wednesday, Jan. 12, 1910.

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QUEXnOHED

Lawyers Express Opinions on Moot ! Point and Draw Written Opinions for Contractors

SUPT. WIRT GIVES VIEW GaryVSchool Bonds ,Were H&wever, Passed Upon I by Attorney-General.

Bonds- amounting to $200,000 issued by the Gary school board for the erection of the Emerson school are illegal according to the judgment of several attorneys who have submitted written opinions for contractors on this matter. If this be true, it will mean in effect that if any citizen should bring suit agaist

the school board to enjoin , them from taking up these bonds,' the bond-holders would lose every

cent of the money invested. The basis of the attorneys' opinion Is that the school hoard could not contract for an indebtedness of more than 2 per cent of the previous tax levy. This 2 per cent amounted to $192,629.30. but as bonds had already been issued for $137,500, there was left but $54,129.30 more than they could become indebted. POSITIOX OP SCHOOL BOARD. The position of the school board in making a bond issue for this great amount when it could not be met by the assessment at that time was that the money due to the school fund on the next assessment could be anticipated, and that the debt was not in reality contracted until the Emerson building had been completed. They be. lieved that there was a debt incurred only when each estimate on the building had been made and the amount then became due. "When asked about this matter Super

intendent of Schools "W. A. Wirt, who is accredited with having a remarkable grasp of the school laws, would only admit that the act under which the bonds were issued had never been interpreted by the supreme court, and that it might be annuled. He claimed that the antipathy of bond buyers to purchase bonds of this character recently was due largely to the recent action of the supreme court in annuling the gravel road law, and bond buyers are always very conservative. LIST OF HIS OPINIONS. Simmered down to a few words, Mr. "Wirt's construction of the law, relative to the bond issue, is as follows:"The contract for the performance of work at a future time does not create a debt until the work is done. The hiring of teacher for the ensuing year of contracting for coal, does not create a debt, according to Indiana statutes until the teachers have done their work or the coal has been delivered. The fact is that in Indiana bonds cannot be issued until a contract for the work has been entered into. This is done largely to prevent securing the money to use which is delayed and the au

thorities are then permitted to profit

by the interest which it draws while deposit. This has been frequently done in Ohio where the bonds are issued first. Of course, there is a chance for an argument here, and the court might hold the other way." Mr. Wirt also pointed out the fact that the Gary bonds were passed upon by Attorney Chas. W. Miller, former attorney general for Indiana, and who is recognized as one of the bond experts of the state. He stated that the bond buyers never purchase bonds until these matters have been looked into thoroughly, and , they are certain that they will hold good. 1 Jl'DfiE'S OPINION. In covering this point of the law, however, the attorney refered to cites a well-known Judge's opinion of what constitutes a debt In refutation of this construction of the law. The opinion is: "It is essential to the idea of a debt, that an obligation must have arisen out of a contract, express or implied. In favor of some one occupying the position of a creditor, which entitles the

latter to receive a sum of money, which obligation might, or ought to be, enforced against another." 112-Ind. P. 326. (Judge Mitchell.) It is further stated that the debt for the cost of the entire building was contracted when the bondsmen signed the bonds for its construction, for the contractor who constructed the building, the former than agreeing that in case of default of the latter the bond must bp forfeited. It will be remembered that at the time that the contract for the Emerson school, the lowest bidder was a Chicago firm, which later withdrew and demanded back their check of $5,000 which they tenderedas earnest money. Their action, it was claimed, was prompted by the illegality of the bonds. If the Gary school board is enjoined from paying these bonds by any one who might care to bring suit, the action will in no manner effect the contractors, as the money has already been received by the school board through the sale of the bonds. It is the bondholders, however, that are anxious concerning the status of affairs. It has been pointed out that there

will be no liability on the part of the school board. It is also said that bond issues have been made under similar circumstances in other parts of the state, but that a large number of brokers have refused them recently, fearing that some action would be taken to prevent their payment.

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GARY FIGHT LISTS FOB

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Lawlessness, in Which Dave Johnscn Is a Principal, Makes the Night Hideous for Decent People of Gary, Last Evening.

INDIGESTION,

HEARTBURN

GAS

AND STOMACH HEADACHE GO

There would not be a case of Indigestion here If readers who are subject to Stomach trouble knew the tremendous anti-ferment and digestive virtue contained in Dlapepsln. This harmless preparation will digest a heavy meal without the slightest fuss or discomfort, and relieve the sourest, acid stomach in five minutes, besides overcoming all foul. Nauseous odors from the breath. Ask your pharmacist to show you the formula plainly printed on each 60cent case of Pape's Diapepsin, then you will readily " understand why this promptly cures Indigestion and re

moves such symptoms as Heartburn, a feeling like a lump of lead in the stomach. Belching of Gas and Eructations of undigested food, water brash.

Nauseau, Headache, Biliousness and

many other bad symptoms; and, b sides, you will not need laxatives to

keep your stomach, liver and intestines

clean and fresh. If your Stomach Is sour and full of gas or your food doesn't digest, and yonr meals don't seem to fit. why not get a EO-cent case from your druggist and make life worth living? Absolute relief from Stomach misery and perfect digestion of anything you eat la sure -to follow five minutes after, and, besides, one case is sufficient to 'euro a whole family of such trouble. Surely, a harmless. Inexpensive prep., aratlon like Diapepsin, which will always, either at daytime or during night, relieve your stomach misery and digest your meals. Is about as handy and valuable a thing as you could havo la the bouse.

East Chicago Police Chief Finds That Proprietors Are Not Anxious to Evade Edict He Passed Some Time Ago.

(Special to The Times.) East Chicago, Jan. 12. Chief Albert Lewis recent order applying to minors

irequeniing poolrooms is being ri

le.jxext Eteo will be.to

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A fight lading twelve hours, in which Dave Johnson and his followers were the principals, occurred in Gary from 7:30 last night until 7:30 this morning, and during which five shots were fired. The trouble occurred In and about the new hangout of the Johnson gang at

Fifteenth and Washington street, in a restaurant owned by a man named Mai. ley, who is also - colored. Several persons in that neighborhood, including a city official, telephoned The Times this morning, greatly indignant because of the lawless manner In which these colored people had carried on. They assert that lige is again being made hideous in this vicinity by Johnson and his gang,' who propose ultimately to move into the building for whtci plans are now being drawn, on Broadway. Starts at 7:80. Thte first trouble occured at 7:30 last night between the members of the gang. The next serious fight reported was at 12 o'clock, and the next at 1 o'clock. " At various times during these fights shots were heard by the neighbors, but no one was reported wounded. The last trouble was reported at 7:30 this morning when the street swere crowded with a motley gang of men, women an dchildren, who were watching the controversy. The last fight occurred over the at

tempt of John Delieh, tne owner of

the building, to put Johnson and Malle yout of the building. It seems that Delich was disgusted with the way that

they had been carrying on and gathered

about him a gang with which he attempted to oust them by force. John

son, he claimed, as well as Malley, had

STOCKHOLDERS OF GOBCIAL

CLUB MEETS AT HARBOR

(Special to The Time a) Indiana Harbor, Jan. 12. The annual stockholders meeting of the Commercial Club Auxiliary association was held last night at the club rooms. Besides the election of a board of directors and officers, the reading of the treasurer's report was the only matter of importance considered. All the officers and members of the board of directors were re-elected by acclamation. These are president, John R. Farvoid, vice president, secretary Wllliard B. Van Home, treasurer, G. J. Bader, directors W B. Van Home, P. A. Parks, G. J. Bader, Dr. Robert Ansley, D. C. Lukens, John R. Farvoid and "Walter J. Riley.

The treasurers report showed tha association to be in a very prosperous condition the property all rented and something over $500 in the treasury. The secretary's report for the past year was also read and approved. The business men of Indiana Harbol and East Chicago are loud In their praise of the gentlemen who were ac- -tlve in the organization and successful . culmination of the club proposition. They consider that the promoters of, the project accomplished a great deal, when they built a building and bad a successful club in full operation In less than one year. The Twin Cities are proud of their club and have the best reasons in the world for being so.

CLUB MEI1 MEET III EAST CHICAGO

GABY'S BOOM III HEALTHS AT HAI1D Two Big Deals Will Be

lOTiCE

By an Arrangement with the Publishers the Times is able to make the following remarkable off er to Mail Subscribers. r-r 1. T-t t-n fi r r i

icb l o anv one senaine l nrec uouars tor a Year s auDscno-

tton to the Times, we will send them:

One year's subscription to the One yearf s subscription to the One year's subscription to the One year's subscription to the

Times, Farm and Home American Fashions, Woman's World,

ly enXorced. Chief Lewis said yeet

day that each officer visited regularly the poolrooms on his beat and none of them had found so far where the law was being violated or any disposition on the part of the room keepers to evade it. Not only are the officers visiting the rooms but the chief himself takes a whirl over the ground every so often to be sure everything is as represented. The order has met with more general

approval than any which has been ls-

suea irom ponce headquarters in a

leng time and even some of the poolroom keepers themselves admit Its virtues and say It is a good thing. In

terest in the order is not confined to East Chicago and Indiana Harbor, but

throughout Lake County," the mandate has been freely discussed and approved and In Hammond Chief Austgen

thought so well of it that he has is sued a similar order himself.

being riirid- ' ' t wuro J""v . i teeter- were also several shots fired and a num- taillS TUCSdaV Read- I

ber of the participants injured, tv-

though none of them seriously.

Says It Was Outrage. Councilman Dimlnik Szymanski said

this morning that the streets had been

crowded with the rowdies fighting back

and forth and that the affair was disgraceful in the extreme. He stated

that the way in which Johnson and nis gang were carrying on could not be

tolerated any longer. The respectable

element of the neighborhood is much concerned over the element of riff-raff tough negroes which Johnson has again collected about him.

The police appeared on "Washington

street after the affai- was almost over with and made one arrest. This was

the owner of the building, Dan Delich, who is being tried this morning before Mayor Knotts.

Note the Quality as well as the Quantity of the Journals.

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The Times is the great County Daily, aim is 30,000 circulation by January 1911.

Its

Four periodicals for the price of one. As their name indicates the Farm and Home, the American Fashions and Woman's World are the leading Magazines of their kind. No farmer's wife can afford to be without them

tains Tuesday

ing Club. (Special to Thb Times.)

Future.

Gary Is in the midst of a great build-, ing and real estate boom, such as It has never" known before In Its history. This is not idle talk, but facts from the

East Chicago, Jan. 12. The Tuesday , locai reai estate dealers, contractors Reading Club met with Mrs. Gyilym and business men who are In a position

Jones yesterday, and experienced one

WILL CAUSE

The Greatest Premium Offer ever made this part of Indiana.

in

March

First the Offer will be

GET BUSY

With

Irawn

ADDRESS WITH REMITTANCE

The Time;

ewspapers

HAMIVIOIND, INDIANA.

5

GUEST

I. E. KNOTTS

James Kirby Risk who is accredited

with having dictated the nomination of

' Charles Murphy of Brookton for chair

man of the Tenth district at the recent Hammond democratic convention, and who is said to be a candidate for the democratic nomination for congressman dined with Mayor Knotts yesterday noon at the Gary hotel. With Mr. Risk was his republican business associate, H. B. Overesch whom Risk recently supported for mayor of Lafayette and for which act he was charged over the district with

the crime, common in Lake County, with being irregular. The three took dinner at the Gary hotel.

It was rumored about the city today that Risk was spending the past few days In Lake County building up his political fences. It is known that he is on very good terms with Mayors Knotts and Becker and that if he desired he could probably get the Lake County democratic support for the congressional nomination. Mayor Knotts however, denied that Mr. Risk came here for political purposes but merely on a business trip. He did not know whether he had been In Hammond to confer with Mayor Becker or not. "Of course Mr. Risk and I talked

politics,' said Mr. Knotts, "but It was only In a general way. Nothing was said to me concerning Mr. Risk's reported ambition to run for congress

against Congressman Edgar D. Crum r packer.

DELAY IN ORGAtiZING

of the best meetings of the season. Mrs. "Walton was leader of the day and had the able assistance of Mrs. H. H. Clark the study being In connection with the conclusion of the .second act of Hamlet. Miss Katie Schmidt andMrs7"T L. Evans rendered piano selections which added much to the enjoyment ofthe occalion. The club has decided that beginning with the first meeting in February it

-will meet In the East Chicago club deai

' It is probable that because of the delay in organizing the local Y. M. C. A., it will now be possible - to have present n tTTal occasion President" E.

WOU K-WASTERS THE TIMES.

ADVERTISK O

J. Burlington of the Indiana Steel company as the representative of Chairman E. H. Gary of the United States Steel coporation who donated the nec

essary funds for the construction of , the building. It would have been impossible for him to be present last night as he was in New York. The date of the meeting will probably be set for the latter part of January at some date when State Secretary Stacey will be able to be present. Thex letter received by the organizers of the lodge in Gary by Assistant Secretary A. W. Hanson, is as follows: January, 10, 1910.

Dear Sir:

Mr. Eugene E. Stacy, olir state secretary, is by this time in Iowa where his father died yesterday evening. He has had such familiarity with Gary from the beginning, and is so completely In possession of all matters connected with the incorporation and organiaztion scheduled for tomorrow evening, Jan. 11, that we regretfully notify you

of the postmonement of the meeting. ; There will be no other change in the ; plan previously communicated to you ', except that by such postponement we , shall likely be able to have Mr. Buff- , ngton present, that being impossible tomorrow as he is In New York all t this week. , Hoping that you will be able to accept the invitation which will be re- j newed to you (probably before the end ' of this month), I am j Yours very truly. 1 A. W. HANSON, Ass't State Secy.

rooms in the Emery building, which are now practically furnished. There are only a few articles needed to make the furnishings complete, and these are expected to arrive today or tomorrow. They Include the rugs and window dra

peries. The club room Is finished in j Mission style and is in the most ex- j quisite taste. It is the intention of the organization to get a piano no! later than the coming spring, which

will be an added feature of enjoyment both for the meetings of the East Chicago club and the Tuesday Reading club. In the mean time before the Reading club begins Its meetings in the club rooms in the Emery building there will be two meetings in private homes, following the custom heretofore observed since the beginning of the present club season. The next meeting will be with Mrs. A. A. Ross, on which occasion a feature will be vocal music by Mrs. "W. J. Funkey Jr and the meeting following will be with Mrs. Stone.

to know. Thb Times Is In a position to state that within the next six weeks two deals of Importance will have been consumated and many other smaller ones are now on the verge of being closed. Many inquiries for loans are being made and it is known that one South Bend capitalist has made loans to the amount of nearly $50,000 in the last month. Out side Investors, chiefly among the Insurance companies are at the present time making an investiga- '

tlpn of conditions in Gary and several

s are now pending. There is no

doubt in the next few months that, thousands of dollars will be circulated In Gary to persons having proper' security. Confidence has again been restored again in the new steel city and the general outlook shows a healthier tone at the present time than it has ever done before for the past eighteen months.

Happy Time AheaJ. The young married man had been on the road about a year. He had Just told his wife that the. firm had given him a position in the store and he would not have to travel any more. "Oh, won't that be fine, George," she exclaimed. "Now well be married again and settle down!"

THB TIMKS WELCOMES C03! MUXICATIOIVS HIOM THE PUBLIC ON A7TY SUBJECT OF INTEREST TO THB PKOPMa,

ADVERTISE jf TUB TIME.

NO TIME LIKE THE PRESENT Don't deliberate because the longer you think about your financial troubles the more confused you will become. LET US TIDE YOU OVER We will loan you front $5.00 to $100.00 on your furniture, piano, team etc. DO IT NOW All business transactions with us are held In the strictest confidence All applications by mall or phone receive prompt attentiou. If you need money and want a loan fill out the following blank, cut it out and mail to us, and our agent will call on you at once. Your Name Wife's Name " Street and Number Occupation Amount Wanted, $ ---

IINDIAINA LOAN OVER POSTOFFICE.

CORNER FIFTH and BROADWAY,

COIVIPAINY

PHONE 322. 216 GARY BLDG., GARY. IND.

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