Hammond Times, Volume 4, Number 177, Hammond, Lake County, 15 January 1910 — Page 4
THE TIMES NEWSPAPERS INCLUDING THE 6 ART ETTEJUJI TIMES EDITION, THE LAKES COUWTY TIMES FOUR O'CLOCK ' EDITION. THE LAKE COUNTY TIMES EVENING EDITION AND THE TIMES SPORTING EXTRA, ALL DAILY NEWSPAPEHS PUBLISHED BT THE LAKti COUNTY PRINTING AND PUBLISHINQ COMPANY. ,
The Lake County Time "Entered as Hcond class matter June. 28, 1906. at tn postoffice at Hammond, Indiana, under the Art of Congress. March 3, 187. The Gary Evening Tiroes "Entered- as second claas matter October B. 1808. .t the postofflce at Hammond. Indiana, under the Act of Congress. March 8, 1878," MAIN OFFICE HAMMOND, IXD, TELEPHONE, 111112. EAST CHICAGO AND INDIANA HARBOR TELEPHONE 099. GARY OFFICE REYNOLDS BLOG. TELEPHONE 1ST. BRANCHES EAST CHICAGO, INDIANA HARBOR, WHITING, CROWN POINT, TOLLESTON AND LOWELL.
X KAKLI HALF YEARLY. KING LB COPIES.
.ONE
. . ts.oe ..LSO CENT
LARGER PAID UP CIRCULATION THAN ANY OTHER NEWSPAPER IN THE CALUMET REGION.
CIRCULATION BOOKS
OPEN TO THE PUBLIC FOR INSPECTION TIMES.
AT ALL
TO SUBSCRIBERS Readers of THE TIMES are rewoested to xaver tne mai
aaremeet bv KMrtlDir ut lrrea-alaritlee la aelrrerlas;. Communicate with the
Circulation Department.
COMMUNICATIONS.
THE TIME vrlll nrlnt all eonunnaleatleai em subjects of general Interest
K f.n Mimiiiilrilnu in arfflrncd bT the writer, hot will
reject all eommanleattons net signed, no matter what their merits, eanrlen Is taken to avoid misrepresentations.
THE TIMES Is published In the best Interest of the people, and Its ntter-
aaeea always Intended to promote the areneral welfare et the aafrUe at large.
This pre
AMAZING GROWTH OF REGION.
One after another reports come in of colossal building operations in the
Calumet region until the average person is simply staggered by the magnl
tude of it all and is left with a -wildly flighty imagination which vainly at
tempts to picture the result of this great period of expansion, twenty years
hence.'
Yesterday, the TIMES annocunced the construction of an addition to
' the plant of the Universal Portland Cement company at Bufflngton, Just east
of Indiana Harbor, to cost a million and a half dollars.
Another million and a half of outside capital has been ordered spent in thia district by the United States Steel corporation which has already spent
the price of a large navy in the building of the city and plant at Gary.
- And so frequent do the reports of million dollar appropriations come to the neoDle of this locality that it no longer Interests them. They take It as
a matter of course. In this case the appropriation means that at least 400
extra employes will be compelled to reside In this locality. According to the
usual estimates this means an addition of 1,200 inhabitants to the region.
And so the conception of that great idea that the southermost end of the ,lake, the place where water and rail transportation meet, is the strategic location for industries has been followed by the influx of millions of capital 'nto the region. Following close upon theNheels of capital is,tfie army of
workers who are converting steel and iron and wood and cement into great
manufacturing plants. . , .
The workingmen engaged in the building.' of these plants are no sooner through with their work than they are called upon to build homes to house
those who work in the plants just completed. And so cities, one after an
other, have been built and are being built in the sand dunes of Lake County,
Indiana. ' - '
And while these cities were once widely separated, thier corporation boundries now touch. The surveyor is extending their streets until they become intercity highways. The buildings of adjacent cities are scattered over so broad an area that it is sometimes hard to tell where one city ends
and the rJi egins. ' -
vr.. . t- a cir-MrYi rf. Imaffln-lWoB r fApo 4-Vi.at thf dav
RANDOM THINQS AND FLINGS
WE look to see the Gannon spiked.
yet, however. -
INCIDENTALLY there are all sorts
of ways of reporting a public meeting.
HOWEVER, It " is only the lazy
storks; who are in sympathy with race suicide. - -
WE believe that A, F. Khotts will
yet realize that he .made a sad, sad
mistake.
Political Announcomonts
JT. would have been, far better for
Armanis never to have attended that
meeting. s -
RENNSELAER Is pushing Ed. Honan for congress., Dqn't push too hard
Jasper, just shove.
THE hog continues to climb the price ladder and what do you think
of oleomargerine?
MAN has been taxed $560 for attempting to steal a kiss. Bet he's glad he didn't get the kiss. AND we can see Mr. Taft smiling through all this trouble and now and anon winking the other eye. THE insurgency question can certainly become a terrible buzz saw if it is. not handled very gingerly. -
NOTICE OF REPUBLICAN DISTRICT
CONVENTION.
Notice l hereby given to the republicans of the . Tenth eonsreaslonjil dis
trict of Indiana, that the district convention for the election of a district
chairman,' and for such other hnstneei as may properly come before the eon
ventlon, will be held, en Tuesday, Feb. 1, at liSO o'clock; p. m-, at the Towle
opera house, la the. city of Hammond,
Indiana.
The apportionment of deiearates and alternate delegmtes, mm fixed by the state committee for the eoantlee In said
district, will he as tollowsi Benton .....10 Jasper .......... 1. ........ .10 Lake ....47 Laporte . ... ..... ... . .29 Newton .................... 8 Porter .; 15 Tippecanoe ..... 4. ...81 Warren .................... 10
White .y.13 ANDREW J. HICKEY, District Chairman. Ed. J. Wlddcll, Sec.
AND 1 hey. say too In South Bend, that Mr. Meyer said it. . But of course that doesn't make it so by a long shot.
HOW down-in-the-mouth. Gov. Marshall must be, because Larry Becker
wont support him for the presidency.
MONEY may not make the man, but take some men's money away from them and there would be nothing left.
UP to the hour of going to press, no
one has accused the TIMES of being a jelly fish and that Is some consola
tion. -
SOMETIMES a man's wife has to have the stronger will, when it comes to the question of his giving up a bad
habit. AN exchange says that the patriot
ism of too many men consists "in
rving. internal -revemw fax over too.
Editor Times Will yon kindly a
noance in your paper tnat l wui be a
candidate for county treasurer, sub
ject to the action of the republican
nominating- convention.
XV. A. HILL.
THIS DATE IN mSTOHV ' January 15.
1830 The chapter of Randolph-Macon
college granted. .
1841 Lord Stanley (Earl of Derby),
governor general of Canada 1888-
1893, born. Died June 14, 1908. 1850 Savannah "News' established.
1856 First state election held In
Kansas. 1884 Society for promoting aerial nav lgatlon formed la Paris.
1891 Indian war In the northwest ended by ' the submission of the
hostile Sioux. 1895 Saslmlr-Perler resigned the pres Idency of the French Republic.
1908 National Board of Trade of the
United States passed a resolution
favoring reciprocity with Canada. 1909 Banquet In, Atlanta In honor of
President-Elect Tart.
; "THIS IgvMY 56TH BIRTHDAY" John A. I Waddell.
John Alexander Low "Waddell, one of the foremost of American consulting
engineers, was born in Port Hope, On
tario, Jan. 15, 1854. After graduating
from -the Rensselaer Polythechnlo In
stttute In 1875, he secured a position
with the Canadian Pacifto railroad at the time the engineers were taking the road through the most difficult part
of the Rocky mountains. Here he re
ceived his.' actual schooling In bridge building, and today his bridges are to
be found In Canada, the United State and Japan, among other coun
tries.' For his work as the principal
engineer of the Trans-Alaska-Siberian railway he was decorated by- the
Grand Duchess Olga of Russia, and be
cause his bridges in Japan and hi
IE10IISIHIIIICE
ISJLD GOOD (Continued rom Page 1.)
complain of that statute were charged tK- iWIed8re a "OOT1 as tl.ey crossed
i . "" maiaria, tnat tney might have opportunity to complain thereof. Whether, the legislature of Indian would have passed that statute Ban it known that wifhln a far,-
SQch material chaneres would tak
Place In Calumet township amounts to nothing. They did pass It. It Is of
? ner,ai application, and governs now n Calumet township the aaiae an it did in the. sand dune period. Thia cause is governed by rules of law laid down bv
" cuuru oi lasi report. Tns contention is mitrelv a law Knit
Elastio Laws. "
It has been and la th hnnct of mir
people that laws as interpreted by the courts shall be sufficiently elastic to
cover, every condition, whether It is one
uecung rioperty or political rights. It has been the law for lo: these
many year that adverse possassion
fUUSt Ie r (-RtllA an A iirtrfaf r plalm f
rinT actual, open and notor' ju3 ix-
cilir.'Ve and tenacious nnr hn..lri nm
lull of opinions In which these rlfcld rules have been carried one might almost be warranted in saylnar to the
extreme. However, our supreme court held in the case of WORTHY v. BURBANKS, 146 Ind. 534, that the rigor of
mese rules snail be much ameliorated
as regarded lands such as those upon
which Gary is founded. The Worthley contest was about a tract of eighty acres In Calumet township, and the
court held adverse possession to be
sufficiently shown bv the exercise of
tnose acts of ownership usually prac
ticed by owners of such land. In other
woras, that the rules or adverse cos
session are much relaxed where the
necessities nf thft rase rpmiire.
As Is the declaration of the supreme court In the Worthlev case, a more lib.
eral Interpretation of the definition of
aomiclle" might well be applied in a place like Gary than in an old and long settled community (Putman v. Johnson,
intra.); and it is well known among lawyers that if the old deflnitiion of
residence and "domicile were ad
hered to, many, many men, who pass the nhaHpnrers and Election Board and
deposit their ballots on election day,
wuuia nave no rigiii to voie. Relax Rules.
The" court mltrht relax the rules of
law In this opinion, and perhaps be
affirmed: asraln. possibly, the court
might follow a strict construction of
the law with like result, it shall do neither, however, not buttressed by the opinions of our courts of last resort, and that such may be true the court has, at much effort and with exhaustive research, collected and cited authority upon every point decided. On the Question of judicial notlco the court is of opinion it takes judicial notice of the results of an election so far as the aggregate vote is concerned -has Judicial knowledge of the general results. It Is so extremely doubtful, however, whether the court will take Judicial knowledge of such geneial election so far as concerns the specific county, township or precinct that the court cannot follow the contention 'of attorneys for plaintiffs that it knows that the aggregate vote in Calumet township In 1908 was say for HBoretarv of state a certain number.
Proof may be offered of the total number of votes oast in township or precinct, which will be the highest aggregate vote cast at that election for
any candidate no matter wnom The Poll Lists.
It is a presumption, at least, of fact
that proceedings naving to ao wun elections are - legal, lawful: that the
law has not been violated in anv par
ticular. Certain poll lists, those of Precincts 2 and 4, Calumet township.
were nroduced and nrooerlv ldentlfled.
Said noli lists show the number of
these plaintiffs feel themselves to have been wronged In person and estate by this remonstrance. Signers have gone upon the stand and testified they were mislead by those who presented cards. There are '"Individuals who aoDarentlv
i eei Humiliated at the position in which i
iney nna tnemsetves piacea. it can scarcely be within the bounds of expectation that anyone could believe that the court will consider the disserving declarations of these people as entitled to that degree of merit In a search for truth that would be accorded to the selfdl8erving declarations of the Individual who brings or actively defends a suit in court This court has charged Juries too many times not to adopt the rule Itself: "That it is their duty to so construe the evidence as to believe all of the witnesses, if possible; if contradictions arise, to so consider the evidence as to determine what evidence is entitled to the greater .credit, giving due weight accordingly, and giving less weight to the testimony of witnesses deemed less worthy of credit; but, over all, not to conclude a witness is willfully testifying falsely unless the circumstances and conditions lead to the unqualified and selfevident conclusion that such is the fact." Courts' Conclusion. The court has no patience with the cry of some magazine writers and:soroe other people that courts of Justice are honeycombed with prejury. The average witness does not lie on the witness stand. Many witnesses are mistaken, and interest sometimes qualifies recollection. A witness may brood over what he may believe to be his wrongs; he may well forget details which In themselves appear unimportant, whereas In the test of truth they become most controlling. - He does not Intend to mislead anyone. He is, however, himself mislead, and consequently he has mislead the court. The court is not concluding that a
single .witness has testified falsely; It
nas, however, concluded certain witnesses have been mistaken. Their ey' dence must be weierhed accordingly.
It seems a hearing was had before the Board of County commissioners later in the month and succeeding the date of filing this remonstrance. By the information sralned from the lips
of witnesses, whose evidence Is in the record, it would appear the examina
tion was most thorough and a long
time consumed in its hearing. But the record does not show a single instance so far. at least, as concerns those sign.
ers whose act In 'signing and wnose qualifications are really In dispute here, which would give the court information whether they testified differently then or the tame as they testify now.
While the qualifications ot l signers are in the issue here, the situation
is such as will be shown hereafter in
a tabulated statement me quannca.-
tions of merely SI Individuals are real
y in dispute; obtaining wnicn piean-
tlffs win. and their failure
win. and their failure to obtain
which defendants win. So, In casting about among these 91 Individual names,
the court has a-somewnat wiao scope fhr AikiMnn- .nnrf it is bevond per-
adventure as regards some of these 91
Individuals that there is aosoiuieiy no evidence which would warrant the court in considering them at all, much less in considering them seriously. Tabulation.
Uumber of Signers to Remon
strance, either by direct &i e-nflturp or bv Power
of Attorney 229 Number unchallenged... Number challenged, but admitted on trial or argument to be qualified Number of names in issue...
118
20 91
knowledge; not very long anyway; It was in Aagust or September when we became acquainted." GEOROK H. K LIBER testified that he himself has resided in Gary since October 11. 1906; that he has been Building Commissioner for the last
three years;' as building commissioner he has moved about the city. Regarding Upshaw- he testified he knew him, but not where he lived; he was night watchman In the fall of 1907 in cold
weather; ha drove team In Gary that
summer; ne was mere tnat summer.
On cross examination Mr. Kliver tes
tified that even ttvough Upshaw since the remonstrance was filed mav have testified that he went to Gary In Jan
uary or ius, ne would have no hesi
tancy in his testimony. He did not know, however, where Upshaw spent
nis sunaays; mat ne was in tary lores
or tour montns m the summer of 1S0T and worked with a team.
Policeman Testifies.
WILLIAM A. TITUS testified he him
self has resided in Gary two and one-
half years, is and has been a police officer in Gary, before which he wan a teamster and for some time has been business agent of the Teamsters' un
ion. These facts are mentioned as
showing Mr. Titus had opportunity to know the facts regarding Upshaw. He says: "Upshaw was there when t
struck town; lived at 13th or nth ana Broadway for about twelve months, then moved to 12th and Broadway and is there now." On cross examination
he testified in 1907 Upshaw was night watchman for a street contractor; saw him every day; the payment was completed In the fall; Upshaw was from Virginia; he didn't go back and forth. from-Uhicago; I selaom saw him on Sundays; he lived one-half block from me part of the time; with the exception of one or two months he lived In the same building I did. , WILLIAM MILLER testified lie has resided in Gary three and one-half years and has bean deputy marshal; that he first knew Upshaw in June or July of 1907; that he has been around Gary most of the time, saw him. there. On cross examination he testified he has been there prettv steady. C. O. HOLMES testified that he himself went to Gary In May of 1906; regarding Upshaw he testified he wai in Gary In the summer of 1907; he has been there two or two and one-half years; see him often now; during the early times saw-him every day or two; don't see him as often now. He was then watching a boiler; think for the Gary Construction company. Mayor on Stand. MAYOR T. E. KNOTTS, of Gary, testified that he himself has lived in Gary for three and. one-half years; regarding Upshaw he testified he first knew him in the summer of 1906; in answer to the inquiry, "How long did he continue to live there?" Mayor Knotts answers: "He is there now; that Is, 1 he was there alone a couple of weeks
ago. I haven't seen him for the last couple of weeks."
JOHN UPSHAW testified as follows: He now resides in Gary at 15th and Madison; before that lived in Chicago
at zth and Armour; "don't Know wu. first came to Gary; they were th,en putting up a building at 10th and Broadway; my home was in Chicago, went back every Saturday and my clothes were In Chicago in 1907; i worked on Broadway pavement for three months and had some clothes in. Gary and was stopping in 3ajyi.hoin In Chicago; came to Gary with injf".i twelve or fourteen
months ago; I don't know when 1 cam.
229 229 Aggregate vote November 1906 election, one more than one-half of which contitutes majority of aggregate vote (336) 160 Number unchallenged, or admitted as above J Number In issue. 31
169
169
Court Satisfied.
The court held parties to the rule tti&J-. -Asli" ration- mad;, bv these peo-
with Tnttmn to Ml I .Intended at that time to have home in Chicago: that wis 19 or 14 months ago; I don't read or write; O'Brien signed my naxne t card- I dldnT take notice of what he sisfned: I never slgend my name nor iuthortlxed anyone else to ?i On cross examination he i SnVkrw ?Se Byre0aar1W!ydonn.tMkynof what per he haV he and a colored ?oaWkeCaamdrink;; ther.rid:ed:I UvTafce prop7-f down south of the Pennsylvania anl I don't want any saloons; hj
- t
must come when Hammond will reach over and grasp the hand of East Chicago and Whiting will be benevolently assimilated by the cities which surround her. Then Indiana will be compelled to look northward to her metropolis. ' . HOW ABOUT THAT BUILDING ORDINANCE. Just as soon as the weather permits, all kinds of construction work will go forward again, and in spring the rush will be on as there will be a big demand for dwelling houses and buildings of all sorts. In the meantime what has become of Gary's building ordinances? It was stated some time ago that ju3t as soon as Gary was a city, that the building ordinances would be revised in such a manner as to promote the right kind of construction and encourage the building of good and substantial structures. Gary is now a city and legally It has the right to create the office of building commissioner. The office has been created and the appointment of building commissioner has been ma"de. It is now high time that the present building code should be thoroughly overhauled or a new one passed so that there fa no possible chance or loophole whereby violations of the building ordinances may be made. , On the whole, Gary has done very well in the way of erecting substantial buildings and houses since the time the first structures were erected, but little attention has been given to light and air which are of vital importance, and are now being made the features of the building codes of all the large cities of note. The same tendency to promote the health of the Inhabitants of the dwellings and flats should be strictly nered to in Gary. There are few changes to be made in oie building ordinances. They were gotten up with great care by the city attorney and are taken from the building cods of a larger city. On the whole they are good if they are lived up to. This should be the duty of the building commissioner. He should see that they are strictly enforced. There should be no favoritism shown in any instance as has been the case in the past. s
MR. TURNER'S GOOD POINT. A. M. Turner made a very good point at the meeting of the Hammond Business Men's association the other evening when he said that he did not favor Hammond's becoming a partner with a number of private capitalists in the electric lighting and power business even if it did eventually lead to municipal ownership. . The point made by Mr. Turner is that there are a great many other ways In which the funds of the city may be spent to a better advantage and it waa the consensus of opinion that Mr. Turner's point is well taken. The great problem with a young and growing city like Hammond is to secure the necessary fundr with which to make improvements that will keep pace with the growth of the city. Most young cities, like Hammond, ar bonded up to the very limit and have a hard- time to provide the funds with which to keep pace with the growth of the city. For instance, while Hammond is still a comparatively small city and prop erty values are low, It is of the greatest Importance that, the land, be purchased for small parks, playgrounds and boulevards. ,Each year the cost of the land necessary for these essentials to the city beautiful is becoming mora expensive and less available. The fact is also appreciated that the building of a water tunnel that will insure the city an abundant supply of pure water for the next 25 years Is of great Importance. If the city has money to invest, it ought to, keep out of the electrio light business until it makes the city water supply a perfect one. There is little advantage In buying cheaper electricity when the consumer has to turn around and buy $50 worth of pure water for drinking purposes every year on account of the antiquated intakes through which the supply is now secured.
IT IS PATHETIC in the extreme to note that the esteemed Fort Wayne Journal Gazette is still working both hands and feet to get the democratic nomination for prsldent, for Gov. Marshall while Mayor Becker of Hammond
and Mayor Knotts of Gary, are just as busy wieldiug the harpoon -with both
hands and feet. -jm- :
THREE TONS of coal were burned at the Laporte Opera House during
the 24 hours that. the "Blue Mouse" .was there. What is the matter with
Iaporte? When the show was In Hammond the management had to stock
Hp with Jet to preveat the asbestos curtain from melting.
saloon bar."
FRIEND points out that a good definition of a hypocrite is a man who
thanks you for pointing out a mistake
he has made. "TROUBLE is" said an ice trust official, "the Ice is so thick we can't get men to cut it." Isn't that a gem? Oh, you poor Ice Trust. THE great trouble with some women when they sing, is that they do not merely kill the song, but they slowly torture it to death. PERHAPS Armanis never heard the old saw about people throwing stones who live in glass houses. It would be well for him to look it up. HAS anyone anything to say about the backbone of winter being broken? If they have, let them stand forth and then forever after hold their peace. j TOM McCOY is said to have made a fortune of 75,000 on-the Board of Trade of Chicago. Who said they could sit on Tom and keep him down? IF Borne one would only invent on a henless egg, about whose purity and sanctity there is no question, no one would object to paying a nickel for It ja PRESIDENT Taft's messages to Congress, do not have the sting to them that Mr. Roosevelt's did, but gee, they stir things up Just the same. A CINCINNATI minister told a reporter that he was too busy to make money, and thus a bond of sympathy was at once made between those two. ' YOU can't blame people for refusing the street car conductor's edict to "get Inside and move up in front" "when you see some of the street cars that exist.
WE do not blame little Miller for getting excited over the report that
the B. & O. will build a $1,500,000 railroad yard there, but henceforth no
town In Lake County should get ex
cited over the fact that big things may
bo located there. These are big days for big things in Lake 'County. 4S
THE South Bend Tribune nominates Glfford Pinchot for the presidency.
Even the very staid and strait-laced sometimes 3 lip upon the ioo and make
a most scandalous display of blue
stockings and red flannel petticoats.
Fort Wayne News. Yes, indeed, the Tribune should quit running windy
oomeTS.
wdVKf as professor of civil engineering In the Imperial university of Japan so pleased the island empire, the Mikado made Mr. Waddell a knight commander of the Order of the Rising Sun. Dur
ing the past few years the famous engineer has been interested chiefly in railroad development In the southwest.
ern states.
"THIS DATE IN HISTORY" January 19. 1894 Edward Gibbon, famous historian, died In London. Born April 27, 1837. 1800 William Henry Sparks, noted poet, born on St. Simon's island. Died at Marietta, Oa.. Jan. 13, 1882. 1809 Sir John Moore killed at battle of Coruna. Born in Glasgow, Nov. 13. 1761. 1817 Alexander J. Dallas, '"the father of the United States Bank," died. Born in 1759. 18S1 Georgia convention assembled to act on the question of secession. 1899 Death of Father Chlniquay, famous Canadian temperance leader. Born July 30. 1809. 1901 James A. Mount, ex-governor of Indiana, died at Indianapolis. 1902 James Sutherland appointed minister of marine and fisheries of Canada.
"THIS IS MY 65TH BIRTHDAY" Rear Admiral Slgrsbee. Rear Admiral Charles D. Slgsbee, TJ. S. N., retired, who was In command of the Maine when that battle ahip was destroyed in Havana harbor, was born in Albany, N. Y.. Jan. 16, 1845, and entered the naval service In 1859. On graduating from the Annapolis academy in 1863 he was assigned to duty with the west Gulf squadron and was present at the battle of Mobile bay. He afterward served with the North Atlantie squadron and was present at both attacks on Fort Fisher. After the civil war he served at various stations and performed Important duties. While connected with, the coast survey he introduced numerous Inventions and new methods in deep sea exploration, for which he later received the decqratlon of the Red Eagle of Prussia from the German emperor. In 1897 he reach, ed the grade of captain and soon afterward took command of the battleship Maine. After the Joss of that vessel he commanded the auxiliary cruiser St. Paul in the war against Spain. Other Important commands were held by Admiral Slgsbee until he was retired in 1907 on account of age.
OAK. Messrs. Edward and Dick Schoon and John Koedyker were business visitors at Hammond Thursday. F. B. Scheidt and Math Scherer were business visitors at Scherervllle Thursday. Henry Nlmeta spent Friday at East Chicago. Miss Lena Van Straight of Chicago is the guest of her sister, Mrs. C J. Schoon. -t . -Julius Nlmet barn cared In "Wednesday night. The barn was old, and it is thought t&at the heavy anow and ice caused it to give way. It is completely wrecked. There was only one horse In It. at the time and he was -uninjured.' Henry Ewen was a business visitor at Merrlllville Thursday.
as follows: Precinct 2, 77 votes; Precinct, 4, 62 votes. These poll lists were admitted in evidence. The loss of the other poll lists, tally sheets and papers, wherein the vote Is recorded, was shown, together with evidence of search made therefor. C. O. Holmes was then allowed to and did testify, as to the number of votes cast in Precincts One and Three In Calumet township as follows: Precinct 1, 116 votes; Precinct 3, 810 votes total, 336 votes cast in the township at the "November election 1906. The law does not countenance any rule which makes it Impossible to discover the number of votes cast at an election. The court considers the evidence of the poll books produced the best evidence. The court considers the evidence of C. O. Holmes, in which he states the aggregate vote of the two precincts, admissible. The sum makes the number 336 and. a-requoted from In re Dennv, this "furnishes evidence of the total number of electors." Township Vote. It is now contended that the vote shown by the testimony of Holmes had to do solely with the township vote. This is not as the court understood it. The court understood him to testify generally as to the vote.. Granted, however, for the sake of argument, counsels' contention is the true one. There comes a time in every law suit when the defendant must do something more than object to the force of evidence to prove a prima facie case. When that period arrives, It is the duty of defendant to offer evidence either in confession and avoidance or In contradiction of that offered by the plalntlc. When that time arrived In this cause, the defendant did not meet it with any proof whatever. When evidence is offered of the vote In a certain , precinct, ward or township, the court. If It observes no reason to doubt Its trustworthiness, is entitled to accept it in the absence of any evidence whatever to the contrary. Then follows a lengthy legal dissentatlon on domocile. , . These citations might be increased by many pages of authorities: that where personal presence Is. couplpd with Intention, there is domicile: the question is not, does the individual Intend to remain, but, on the contrary, has he no deflnte, and fixed, intention, to remove: the question whether he remains a short period, or a long period, providing he intends to remain indefinitely, Is not controlling: the evidence may conclusively show his domicile is In the place. A. when he makes oath it Is In the nlace. B.
Declaration Conclusion. The authorities hold the intention may be determined by his acts, and by his declarations. Selfserving declarations, if admissible at all. have but little probative force, fielfdlsserving declarations, being always admissible, may, or may not, have much probative force. Doubtless, occasions arise where selfdisserving declarations are well nigh conclusive of the fact. Occasions may arise on the other hand where declarations classed under the general head of selfdlsservlng declarations have very, very, little weight and convincingforce. In this case 229 individuals slarned the remonstrance, either by card or otherwise. Under the rules laid down bV our supreme court, these 229 individuals are parties plaintiff, and subject to the ordinary liability of parties plaintiff to pay costs. It might well be held each one of these individuals Is liable for all the costs. That being true, the sheriff, if called upon to collect from these plaintiffs the costs of this suit, will not, In practice, apportion it among all these 229 individuals, collecting aliquot parts from ea.ch one. His writ will enable him to collect the whole from that one most accessible In location and of financial responsibility and that one may pass the balance of his life seeking contribution from the others. It is doubtful If 50 of thes 229 individuals have knowledge that they are parties plaintiff; that is true if one-half that wu said regarding their financial irresponsibility is founded on fact. The fact thev are liable for costs did not disturb them; the fact thr are parties plaintiff is to them an XYZ proposition. Plaintiffs Wronged? The evidence would seem to warrant
the . conclusion that at least some of man In Gary; be was not- gone to my
pie subsequent to - the - filing T tne remonstrance of . their condition of mind subsequent to that time could not be given force as evidence on the broad grounds that the rights of third parties had intervened. The rights on these third parties are ot.such weight as in law to neutralize and render ineffective the ordinary rule of the admissibility of selfdisserving declarations. The court is satisfied with Its ruling heretofore made. The plaintiff has the burden of proof as regards qualifications of all those signers challenged by verified answer. All lawyers know what the burden of proof is and It Is not necessary that the court should expatiate thereon. The court ruled the defendants might 'challenge individuals not named in the verified answer, assuming the burden of proof as to them. The court is satisfied with that ruling and re-adopts it. So as regards the qualifications of such part of these 91 names designated in the verified answer, the plaintiff must maintain the burden of proof. As regards those not challenged by the verified answer the defendants must maintain the burden of proof. If. in what follows, names are not mentioned and their qualifications decided, it may or may not be considered a finding that they were qualified voters of Calumet township on the first day of May, 1908. Failure to mention their names may very well, however, be considered merely a conclusion of the court, and for the purposes of this trial a decision, that it Is not necessary for the court to decide either way. About one whose partrenymlc is JOHN UPSHAW, or Uushar, and who is almost wholly known In all Gary under the descriptive "BIG BOY" revolves the most strenuous contest, perhaps, in this case. Twelve witnesses tetlfied pro and con regarding his qualifications. The contest regarding him began the first day of the hearing and only ceased when both sides rested. Many witnesses did not know him at all eo nomine, but when Informed the one inquired about la "BIG BOY" they knew him well. . The signers will be designated both by number and name. hU 45. V. JOHN UPSHAW.
CHARLES W. HOWE testified by himself went to Gary Aug. 4th.. 1907;
that TTnshaw was in Gary May 1st.,
1908, and that he had seen him about
for three or four montns. Gallagher's Testimony.
WILJJAM a GALLAGHER testified he himself lived in Tolleston fourteen years and in the county thirty-five
years, ana IS a coniracwr; mui upnua vv warkM for him In the summer of 1907
and then lived in Gary; that he was there Mav 1st., 1908; while he has seen him frequently since, he testified up
shaw worked for him on the postomce hnlMlnir for n month or so in the sum
mer of 1907: that he knew nothing
about, him after he quit that employ ment.
SAMUEL J. DUNCAN testified he
himself came to Gary Feb. 8th., 1907;
thot h first met Unshaw In the sum
rvn.r of 1907: that he was watchman
nights for a street contractor; that he there about a year and Is still
worklne- in the mill. On cross exam
Ination he testified: "I have never
missed "aim." JOHN A DILLION testified he him
self has lived in Gary for two years; in Calumet township seventeen years. Rorrdlnar foshaw he testified: I met
him in the summer of 1907; he worked on Broadway: lived at the corner of 11th or 12th and Broadway; was there May 1st.. 1908; saw him yesterday at the mill." On cross examination, in answer to inquiry: "Was he not - in Chicago for a while?" he answered: "He might have been; I don t know; for one, two or three months I didn t see him; thought him still In Gary. SHEPARD KING, who went to Gary in January of 1907 and has lived there ever sine, testified he first knew Upshaw in the early fall of 1907 and has lived there ever since, testified he first knew Upshaw in the early fall of 1907; that he worked on the street on Broadway at that time he lived at the corner of Broadway and 12th; on May 1st-. 1908 he was still living at the same place. On cross examination, he testified Upshaw may have gone to Blue Island for a short time after the sa
loons closed; when he first met him he was a teamster; he was a single
6ait-Va now;- 9TU r4 4.Kt"i mo anri -rviilrt n't rend: I didn't sav at
Crown Point that I undrestood what
v. rpn1 to me: I lived then at lZth ana
Massachusetts; owned one-half of tent
at that time; don't Know now long, about December, 1907; sometimes In Chicago and sometimes in Gary; I lived with Titus; went twice each month to Chicago; I would work two or three
weeKs ana men go w viucngu oViomr mv rlnths: I had a room In
Chicago; when I would go back I would
pay her one or two aonars jusi n.a hd needed It; when I would go back each time the room there; I paid no regu- . lar price; I voted in Gary in 1906; voted there the last election; two elections Is all I voted in Gary. I voted the first time in Virginia, but not in Chi
cago and Wisconsin. On redirect, he testified he voted for Brennen at convention and at election this fall, whloh
is the only time votea in ury. J recross examination he testified: s'"';s I have brought my clothes from Chicago I have made my home in Gary. On redirect examination again: 1 dldl't vote again Gary three years ago; I omv voted twice in Gary this fall; I didn't vote at Taffs election; I don t knoxi where I lived then.1 Question of Domicile. The lowest grade of evidence regarding residence and domicile la tne testimony of a voter as to his lnten tlon. - Krelta v Behrensmeyer, supra. Actions speak louder than words. Having heard the evidence and having been in position to notice the demeanor and conduct of the witnesses on the stand, the court has no hesitancy In saying UPSHAW was voter in Gary on the 1st day of May, 180. While It is true he testifies O Brian signed his name without his consent and there is no evidence regarding O'Brlan's standing in the community, the evidence of Upshaw regarding his maintaining a domicile in Chicago because he went over there every two et three weeks to change his elothss ana that while he kept his clothe in Chicago he held his domicile here, ia e preposterous as to be entirely unworthy of belief. While T'hvw lm now unwilling, for a period extending' from his first visit to Gary until IS or 14 months ago, to call that city h e home, he Is anchored there as a resident and the cable which unites hlTO to Gary shall not be sundered by this court. His evidence being of u2rT2 charseter as it is. the rule of FALHLia IN UNO; FALSUS IN OMNIBUS applies to his evidence, Including h evidence of the way In which he came to sign that card. , ' The court Is not foisting sunn men on a community as votrs. The laws of this commonwealth give U pshaw vote and demand the only qualification, not that he shall be honost and truth, ful. not that he shall be a good citizen, not that he shall bo respected in the community In which he resides but that he shall reside in a community in the state six months, in the tows nip sixty days, and in the ward or preeinoj thirtv days and be free to come ana go on election day; that is. out of jaiL With the moral proposition this court has no power to interfere. He is voter and was a voter on the 1st aay of May, 1908. and the citizens, not only those who signed the remonstrance but those who did not, should b, and Ot right are, entitled to have that vote countedFound To Ba Voter. NO 21S '. .JAMES L M'PHERBOW MPHERSOK, as shown by the eyi. dence. appeared In Gary in the latter part of 1906 or early in 1907; to have moved into his property on Euclid avenue with his family in the summer or earlv fall of 1907, and only to have moved away, if at all, a few weeks ago. Now, to witnesses testify he still resides In Gary. He is found to be A voter. , NO. 223 DR. ED. M. LOT The evidence shows LOY went t Gary on the 1st day of October 1907: that he went with the intention of making it his home and did so until the 5th day of May. 108. There t nothing to Indicate that Loy at any. time until very recently before his departure to Rensselaer contemplated such a move. There is neither any evidence that he Intended to depart ? presently, or at all, until shortly beore the st day of May, 1908, when It
(Continued on page seven.)