Ligonier Banner., Volume 55, Number 15B, Ligonier, Noble County, 9 June 1921 — Page 1
TWICE WEEKLY
2.00 PER YEAR
b MONDAY BUSY DAY FOR THE NO- “ BLE COUNTY COMMISSIONERS - IN SESSION AT ABLION Mier State Bank, Ligonier, Buys $20.000 Road Bonds and Many More - Are to. be Oifered : Monday was- bridge day for the hoard of county commisisoners in session at Albion. Contracts for eight bridges were let the total expense aggregating $7,386. Two of the bridges will be constructed in this vicinity, one across the creek near Little Long lake, which was sold to Kamick and. Herron for $l,lBOO ‘and -the Creigh lake bridge for $1,300, also sold to Eamick and Herron lowest bidders. Other bridge§ sold to the lowest bidder were as follows: No. 2, in Washington fownship, to Stump and Kil-, gore, $1,015; No. 3, $1,050, Wa.shingtonl Eamicki! and Herron No. 4 to Eamick and Herron, $930; No. 5 to Eamick and Herron, $1,300; No. 6 to Eamick and Herron, $679; No. 7- Eamick and Herron, $654; No. 8 to Eamick and Herron, $5678. There was a large difference in theb ids, some of the highest bids being almost double the lowest. .
- Monday $20,000 worth of road bonds running from ten to twenty years bearing 4% .per cent interest, were sold to the Mier State bank, Ligonier The money will be used for the improvement -of the Wakeman road on the Washington Noble township line. The commissioners have over $500,000 worth. of road bonds which will be placed on 'sale. The bond issue is one of ‘the largest ever made for road improvements in. Noble county. .
Rerick-Prough. A pretty wedding took place in the liome of Mr. and Mrs. Albert E. Prough, near Ligonier at‘ noon Saturday when Arthur C. Rerick of South Bend, and Miss Berniece E. Prough were united in marriage, the:@ ring ceremony being used. Howard Rerick brbfl%eaz» of the groom, was best man and Miss Helen Sching. of South Bend was bride maid. The groom parents and a number of immediate friends from South Bend and Millersburg were present. Rev. and . Mrs. 8. Simons of Butler were also guests. The groom is treasurer of the Municipal Supply Co. of South Bend, The bride -js a graduate of the Ligonier High sehool and until recently was an employee in-the office of the Studebaker corporation of South Bend. The couple will motor -to - Chicago and thence through Ilinois, Kentucky and Ohio, on their honey moon. After June 20th they wil ‘lbe at home fto their friends in their newly furnished home, 618 E. Broadway South Fend, Indiana. o ! o
Might Be Operated. David ‘S. Vesey trustee of the defunct Ft. Wayne Tire and Rubber company, in which concern a number of Noble county people are stock holders, has filed his appraisement with. Referée in Bankruptcy Harry C. Sheridan of Frankfort, in which he states the plant and stock is worth approximately $273,000, with liabilities totaiing $200,000. In his report Mr. Vesey said he believed the plant could be profitably operated under proper management. Plans are being made to again. open the factory for business. e ;
Snake Bite is Serious. Ernest G. Schemerhorn, well known Orange township farmer is recovering from being bitten by a rattlesnake last Friday. The reptile struck him on the little finger of his left hand while he was in the acét of digging dock and weeds in one of the .fields near the farm home. He 'at first thought it was a bee sting, but a closer investigation revealed the snake. Immediately precautionary measures were taken and no serious results are-now expected. . ' Prominent Farmer Dies. ' David J. Norris one of LaGrange county’s prominent farmers and one of the two Democrats elected commissioner in half a century died Monday at the age of 74 years-after a long iliness, and two operations. M. Norris had resided on his farm near LaGrange since 1876 when he came from Pennsylvania. = . L
. Avilla Cigar Maker Dies.: , Gustave Schucht, pioneer cigar maker and resident of Avilla the past “twenty" years, died at his home there Wednesday at the age of 78 years. Death was due to Bright's disease with which he had been- afflicted and confined to his” home the past four months. - 7 < i e _ Boat Catches Fire, An eighteen passenger boat owned by, Fred Davis of Elkhart caught fire Sunday night after a party had re‘turned from a trip down the river. _Damage estimated at $4OO was cause Several weeks ago tho boat was _torn -loose from its fastenings during B storm and was sunk in the river,
The Tigonier Banner,
' Speed Demons to Perform. ; Sunday afternoon at Goshen followers of speed, thrills and chills of speed demons in the motorcycle racing world will have the opportunity of witnessing seven big events where there is more’ excitement dhan at a circus. The races are to be staged by F. A. Wegner,*famous throughout thec ountry as a race promoter, at the county fair grounds. Mr. Wegner has staged the motorcyele races at Spring‘brook park, South Bend, and will have ‘the same attractions in Goshen Sunday for the matinee. : Included in the list of famous riders entered at Goshen, are Maldwyn! Jones, holder of two world’s records on' the track, Eddi Binck, celebrated Harley-Davidson performer, Red Parkhurst, winner of the Marion road race in 1919, piloting a high powered Indian, Pon Marks, also skipper of an Indian machine, and other dare-devils. All of the drivers entered are professionals. di , - 'The races will start at 2:30 o’clock at Goshen. Bus transportation has been arranged between the‘city,andj the fair grounds. : § . V. SRR Flirting With Death.
In the month of May this year, Miss Laura Bromwell a noted woman airplane pilot looped the loop 199. times in one flight and thereby set a record for this sort of air gymnastics which no other flier had yet approached. Monday Miss Bromwell took the air for another exhibition and in a few moments thereafter lay mangled and dead on the flying field. The iaevitable had happened. A part of the plané in which she was flying gave way under the strain and the law of gravity did the rest. Flying under the most favorable conditions is still a precarious business ‘and those who attempt the unusual are merely speeding their advent through the pearly gates. Furthermore it is amazing the number, of people who can be attracted to an exhibition where some foolhardy individual is toying with death. —Goshen News Times. '
Cfippy'Loses Barn. A barn and garage on’ the farm »nf George Buppy .six miles east of Elkhart were burned to the ground Monday noon, causing a loss estimated at $5,000. Mr. Cuppy, a retired major league baseball pitcher, who has owned a tobacco store and billiard hall in Elkhart for man yyears had purchased the farm only last week from George Rhodes. The amount of insurance in effect has not been definitely settled. Mr. Cuppy has a farm near Ligonier and is well known here. ! Rate Hearing June 8. _ The hearing of the complaint of the cities of Ligonier and Elkhart and a number of power users against the state utilities board, for an order restraining the Indiana and Michigan electric company increased rates was continued until June 8, when it came before Judge Hile at Elkhart Monday. The large arrdy of legal lights wished more time to examine the law. : :
~ Small Boy Hurt, . Richard LaVerne four year old son of Mr. and Mrs. Clayton Galloway, Kendallville is at the Lakeside hospital suffering from a compound fracture of the left leg, which he sustained Monday morning when he was struck by an auto truck driven by Edward Zollman in the alley at the rear of 4the Campbell and Company store. - A ‘ e i Passed Bad Checks. = Carl Hershberger, 20 is under arrest at Warsaw for passing bad checks on merchants of thate ity: It is believed he also operated in other Indiana cities. : Elkhartans Arrested. Glenn Kring, Clayton Pletcher and ‘William. Hagans, FElkhart residents, were arrested in Mishawaka by the police when found driving about the city in an intoxicated condition. @ -
Gets First- Black Eye. | The notorious copperhead mayor of} Chicago Bill Thompson got his first black eye in the Chicago judicial elections the other day when higs stdate ticket was defeated. Burglars Get Jewelry. . Burglars who entered the home of Charles A. Ernsberger at Elkhart Friday or Saturday secured three gond watches and several rings, valued at about $2OO. ° s e ~ Acquit Garrett Attorney. A verdict of not guilty was rendered by the jury that heard the case of W, W. Sharpless- of Garrett, charged with subornation of perjury: : , Big Fire Loss. - Fire starting from an unknown origin, caused about $20,000 damage to automobiles, at the Studebaker plant in South Bend Monday. - :
- Noble County Graduates.. L. 8. Merkling and William Frazer, of- Kendallville received the Bachelor of Arts degree at Indiana University. along with Ella Steinbarger of Avilla. Netted About $3,000. = Sale of silk poppies by American Legion posts in Indiana Memorial day netted about $3,000, according to - complete reports submitted,
LIGONIER, NOBLE COUNTY.INDIANA. THURSDAY JUNE 9, 1921
10 GELEBRATE SUNDAY, JUNE 12, AT M. E. CHURCH LIGONIER LODGE OF ELKS WILL CONDUCT PATRIOTIC SERVICE Former T. S. Senator J. Hamilton Lewis, Noted Chicago Orator Will Deliver the Address
- Ligonier lodge of Elks will hold a Flag Day celebration at the M. E. church in this city Sunday afternoomn, June 12, at 3:30." : The main speaker of the day will be former U. S. senator J. Hamilton Lewis, of Chicago. e g Mr. Lewis is one of the most eloquent and forceful sepakers before the American public and' the church will no doubt be taxed to hold the assemblage. ‘ Sibyl Sammis MacDermid, noted Chicago soprano, will render several selections. Mrs. McDermid appeared in Ligonier about a year ago and rendered a vocal musical selection which made a deep impresison upon ‘her hearers. - : The Order of Elks is a very patriotic organization and the celebration of Flag Day could not be in more competent hands. The public is cordially imvited to this Flag service. There will be no admission charge. 5 Following is a program arranged for the occasion: ) S
_Star Spangled Banner—Organ—Audience. ‘ ; The Purpose of this Service--Otis C. ‘Butt. : : ~ Aria—Plus grand dan son obseurite —Gounod (Queen of Sheba)—Sibyl Sammis MacDermid : Prayer—Rev. Lutey. ' Solo—“I Know That My Redeemer Liveth”—Sibyl Sammis MacDermid. . History of Flag—W. J: Bolitho Children’s Songs ' The Pine Tree—Wovdman i The Cupboard—McFinney ‘ . 'Go to Sleep Little Sonny Boy—Cur-. ran. _ o The Lilac Tree—Gartlan Sibyl Sammis MacDermid | ,Address—Honorable James Hamilton Lewis, Chicago. ‘ Group of Songs ! The Song That My Heart is Singing —MacDermid : o e ~ Heart O’Me—MacDermid ‘ My Love is Like the Red, Red Rose-—— MacDermid Fith Sibyl Sammis MacDermid : ; America—Audience. L
, - DECKER TRIAL LAGS - : Part of Confession of Defendant Admitted as Evidence At Trial of Cause ’ ‘Warsaw, Ind., JuneB-——lnterest in the trial - here of Virgil Decker, charged with the murder of Leroy Lovett, took a new turn today, when just before court adjourned it was reported the defendant had made a new statemerit regarding the killing of Lovett, in which he confided to his sweetheart Carrie Eggleston of Elkhart, that he “knéw who killed Lovett, but that he was lafraid to tell.” s
This much -of the statement was confirmed this evening by L. R. Stokey, attorney assisting the state in the prosecution of Decker. The attorney declared however, in conversation with an Associated Press representative that because of the nebulous character of the statements attributed to Decker, no attempt would be made to use them in the trial. According to Mr. Stokey, Chas. Greeisinger, a farmer came to the lawyer’s office today and told of having overheard a conversation-between Decker and Carrie Eggleston in the auditorium of the courtroom last Saturday during recess, which the Decker boy told the girl he knew who killed Lovett, but “was afraid to t 211” The following portion of Decker’s confession was admitted in evid:nce: ~ “About 10 o’clock March 12, 1921, I left Fred Decker’s house and walked down to the cottage and on arriving there I found Leroy awaiting. We ‘went out and got some wood and put into the fireplace and then lay dowa. Both went to sleep and after a while I woke up and Leroy was sleeping on the couch. The piece of iron which you have just shown me ‘is the piece of iron I used to striké Leroy on the head with. I don’t know just exactly how I got hold of this piece of iron, but i do know that I had it and that I struck Leroy on the head wit it and that when I left 'the cottage shortly afterward I thought he was dead.” | . ' i
Bankers Meet at Auburn. Group One of the Indiana Bankers Association met at the Commercial Club in Auburn Wednesday, June B§, and enjoyed a fine meeting. President F. H. Green, Secretary J.. L. Henry and directors J. H. Hoffman and-James Kinnison of the Farmers & Merchants Trust Co. ,of Ligonier were among the bankers to attend the the meeting. A number of addresses were made including one by Congressman Fairfield who was an invited guest, . a 0
- MISS RUTH MIER KILLED - Former Ligonier Resident Loses Life in Automobile Accident At Leos ' " Angeles, California ° A telegram from Los Angeles, California early this morning brought the sad intelligence that Miss ‘Ruth Mier had been fatally injured in an automobile accident and was in a hospital with a bad injury to her head. The first telegram from the secretary of the Los Angeles Elks lodge tc A. O. Shearer was followed later by a message to A. B. Mier that the lady had died at 8 o’clock this morning. The deceased was born in Ligenier and was a daughter of the late Sol Mier, the pioneer banker. For the last few years she had made her home in Chicage. No particalars of the accident are obtainable .at this time. Surviving are a brother A. B. Mier and a sister Mrs. Isaac Rose of Ligonier aad 2 brothev in California =
Family of Nine Home in Barn. A sad case reflecting the herious plight of the families of unskilled laborers in present- business depression was revealed in police court at Fort Wayne yesterday when Oliver Marsh was arraigned on a surety of the peace bond. Mrs. Ella Pierce was the prosecuting. witness and testified that she ‘had permitted Marsh to move his family of nine into the barn. Marsh said Ite had difficulty, in providing for his family being out of work most of the time. - | e ~ Better Baby Clinic. . The. health clinic and better baby campaign will open in Ligonier July 18. / . | This' campaign ‘for Better Babies! and more informed mothers is to be one of ithe best things of the kind this community has ever had. No charges of any kind will be made. Everything is absolutely free. : SR More than this every mother of youngsters up to six years of age will have the benefit of the Free Clinic under the. direction of Ada Schweitzer, M. D. directress of the Infant Welfare and Child Hygiene Division of the State Board of Health. ‘ - The clinic will continue three days.
fi ~' - Income Tax Due. . - -Taxpayers were warned today by the internal revenue to pay their June 15 installng;e]nts ‘of income and profits taxes time to avoid penalties. Failure to pay promptly, the bureau declared renders the balance of the tax due and payable as well as an additional assessment of 5 per cent of the amount due, plus interest at 1 per cent a month from the time it became due. ° ' ; . Dies at Rome City. - Aloysium Nunlist aged 65 years uncle of the sister superior of the Kneipp sanitarium, and foreman of a farm at the sanitarium the past ten vears pt Rome City died Wednesday morning at the sanitarium. _Death was due to cancer of the stomach, with which he had been seriously ill the past seven months. ' Prof. Parsons Quits. ‘W. W, Parsons president of the Indiana State Normal school at Terre Haute submitted his resignation to the board of trustees of the institution, It was accepted and L. N. Hines state superintendent of "public instruction was chosen as his successor.
" . Has Fractured Skull. . Henry Yoder 38, a farmer southwest of Goshen on the Plymouth avenue road, is in critical condition at the Goshen hospital as the result of having been kicked in the head by a horse Wednesday afternoon. His skull was fractured. : _ Will See Motion Pictures. ~ The farmers and their wives are cordially invited to attend the Farm Federation meeting at the Community center -at Kendallville Saturday evening June 11 at 8 . m. Motion pictures and lecture on the the grading of grain by the county agent will be features. >
Strayed Child Drowns. Y The body of Elizabeth McCormick aged three of South Bend was found in three feet of water in the St. Joe river, within a few feet of the spot where searchers found a tiny fooiprint in the sand. She had strayed from her home. S e iR . Steals Wine, Jury Tries Case. : Thomas Truax, Goshen was tried !y jury at Goshen yesterday on a charge of stealing what is alleged to be $2O worth of wine from the cellar of ‘George Rimpler last October. L : . Hines Speaks. L. N. Hines, Indiana state superintendent of public instruction delivered an address at the annual commencement of the LaGrange ‘county schools Tuesday. = e
: . Death ‘of Aged Resident. . William T. B. Larimer age 71, died at his home in Goshen of heart trouble after an illness of four months.
* Farmers Meet Tonight. Perry township farmers will meet at the Trittipoo school house tonight and -enjoy good speeches and motion pleturew -~ . "0 ;
GOMMUNITY MEET AASSOCIATION WILL HOLD BUSINESS SESSION AND SMOKER IN CITY HALL BUILDING Matters of Great Importance to Ciiy Will be Considered And Full At- : tendance Desired
Monday evening, June 13, the Ligonier Community Association will meet in city hall to discuss and econsider matters very important to the com‘munity. e 2 '+ There are a number -of matters vital to the organization which must ‘be considered and action taken. President Wood' in calling the meeting has indicated that some of the things which must be considered. There are community problems which cannot be solved without definite action by the members of the association and when these matters are presented all will have an opportunity to discuss them. : . Owing to the fact that his meeting is to be purely a business one no outside speaker has been secured. All the talking is to be done by the local members of the organization. The lanch will not be served until 9 in the evening so‘that_the important. matters of business will be disposed of firgt. = : Every member of the association is urged to attend this meeting.
Base Ball at Goshen Sunday Sunday afternoon at three o’clock the Ligonier ball team will play the Grays in Goshen. 'This will be the obening gdme for the Ligonier team but the local boys will enter the contest with full confidence of wiuning. The Goshen Grays are a strong team and the rcontest from that side will be a good one. Nobody ecan form an estimate of the Ligonier aggregation until their ability has been put to the test. | Cheap transportation will be provided for the Ligonier fans who will go over ‘to Wwitness the game and boost for their home ' team. - Home is Completed. : The new residence of R. K. Earuhart at the corner of. Second and Grand streets is completed and: will be ready for occupancy in a few days The structure is a beautiful one with all the latest conveniences. The contractor T. H. Ameling began work on the house with his foree of men April 25 and completed his work June Bth. This is a record for Ligonier in the construction of a residence of two stories. »
' First Woman Appointee. Mrs. Carina C. Warrington prominent Fort Wayne ‘woman was yesterday named by Governor McCray as< Indiana’s first state probation officer. Mrs. Warrington has been engaged in the practice of law -in that city for some time and recently had the honor of servini as special judge in the city court for one day=To Visit Bermuda. . Guy Hieber will leave Monday for an ‘eXtended visit to Bermuda, going by way of Washington, D. C. In his absence his kodak work will be continued as usual. Studio will be open Thursday afternoon and Saturday night. Mr. Hieber’s address during ais absence will be Keith Hall, Warwick, ‘K. Bermuda, B. I. ‘
e Buys Fine Property. : John H. Green has purchased the Harry Mentzer property known as the old Calbeck place at the corner of Union and Main streets. The residence will be remodeled and repaired and will later be occupied by Tom Green and his bride. Mr. Mentzer has not decided upon a location. ~ Picture is Placed. The beautiful picture of Washington presented fo the Ligonier Library by the Daughters of the American Revolution of this city has been enclosed in an appropriate frame given by Mrs. A. W. Lyon has been placed and may now be enjoyed by all Litgrary vigitors, . . - - | , “ e :
Cause Loss of $300,000 The ¢losing down of the New York Central shops on March 13 have meant a loss of more than $300,000 in wages to Elkhart railroad employes, according to an estimate of one of the New York Central ®officials. : Liberties Up. : Third Liberty bonds are going skyward, Yesterday they took a sensational advance of $92. Hold your Liberty bonds. =~ They will reach par and may in time go to a premium.
Threatened With Appendicitis. Joe Rapp of the Blazed Trail Garage is sick at Syracuse threatened with an attack of:appendicitis and he may have to undergo an operation. -~
. Mrs. George Longenecker and sen Leo are here from Chicago to spend a couple of weeks - visiting Ligonier friends and at Wawasee.
Spotted Poland Breeders.
_Fifteen boys and girls received purebred Spotted barrows at Albion, Saturday, June ‘4th, from the Noble County Spotted Poland Breeders As‘ssociation. They are to be fed until the Kenadllville Fair in September. where they will be displayed. Liberal prizes for those producing the_best results are offered by the Fair Association and the Spotted Poland Breeders. The boys and girls will keep records of feed fed, gains made cost of gains, ete, thereby getting a valuable study and experience in-“pork production. All told there are forty boys and girls in this kind of :work now “and still more will be added in a few days with other clubs. :
- The club is in charge of a special commiittee consisting of H. E. Rogers Don Barhan and Fred Lewis. This is the first pig club the Spotted Association ha% put out and the committee is credited with a splendid start. The club will be = supervigsed by Harold Sorgenfrei Wawaka. - - o
Seroggins Not Draft Evader.
Herman Scroggins who for a number of.years made his home-with Qra Keister east of Columbia City was the only man listed from Whif.t_ley county as a draft evader, and he was not an ‘evader .according to information Scroggins registered in the draft in 1917 and then left along in June of 1917. A few months later he enlisted in a 2 eamp in Michigan and was stationed there until after the war. 'The last word the Keister family received was in December 1918 and heestated then he expected to be discharged shortly. ‘ P | | e ——— ‘ ~ Big Convention Held. The semi-annual Orange township Sunday school convention ‘held at the U. B. Church at Center Chapel Suaday was one of the best in history. The attendance was’estimated at 350 with all of fhe seven Sunday schools of the township represented by the respective superintendents and many of the teachers. The next convention will be held in October. J. C. Brunk of Ligonier ‘was present and delivered an address. : v Death of Mrs. Deßoer. : ‘Mrs. Will Deßoer died at her home in Flint, Michigan, Tuesday after a short illness. Mrs. Deßoer was formerly .Lola Todd a daughter of Isaac Todd and was born and reared in Ligonier. Aside from her husband she is survived by an adopted daughter, her father in the south, a brother Fred Todd of South Bend and.an uncle O. Agee of this-city. ;
Ralph N. Smith to Aid State. Ralph N. Smith of Laporte will assist L. L. Burris of Goshen representing the stategin the prosecution of Chas. E. Morrice who is to be tried on a second indictment in the supericr court at Elkhart, on June 20. Chas. P. Drummond, who led_ the.prosecution in the first triat-will not be connected with the next trial. : i s - Soldier Claim Recognized. John Ennen now residing with his brother near Albién but who entered the army from Whitley county and served as corporal_in-Co. A. 58th infantry was awafded a compensation of $24 a month. His back pay check wasi $473.81. He sustained a shapnel wound of the left hip in the Aisne-l Marne offensive. ' : ; ‘ - Will Not Prosecute. | ~ J. R. Seewald father of Milo. Seewald 15 year old Goshen delivery boy who absconded last week with $9O in money and $5O in checks from the Jacob Rohrer grocery in that city has settled with Mr. Rohrer for $9O and the police have abandoned the search for the boy and dropped the charges. - Marries Eight Husbands. : Mrs. Cora B. Wysell who a few weeks ago secured a divorce from her seventh husband in the Whitley county circuit court last week married John Howell a farmer living near Pierceton. He owns a farm near Pierceton and they will maké their home there.
Fatally Injured. George McFall 17 son of Ed McFall of Syracuse is dying at the home of his parents the result of injuries received Sunday afternoon when he fell while roller skating at Blosser park south of Goshen. ; : AAR S ; ‘Married at Churabusco. James L. Zinn, employed as clerk in the Ort store at Churubusco and Katherine V. Diller,formerly a. teacher ‘and daughter of Mr. and Mrs. Martin Diller of Churubusco were mgrried Thursday ‘evening. o o RS . Hortense Selig Gets Check. : Hortense Selig was the first to present the correct solution to the Hidden check puzzle and she received $2 paid by the Banner. The solution was “Check Placed at Hutchison Store.”
Great Growing Weather. . The weather for the past few weeks has been exceedingly favorable to vegetation and things are growing very rapidly especially -garden-truck 1‘ and early planted corn. il _Charles E. Spaulding, superintendent of the Columbia City schools has resigned to accept a similar position in. Tipton at an increased salary,
MONDAY THURSDAY
VOL. 56™ NO. 158
% s . JUDGE HILE MAY GRANT PERMANENT INJUNCTION AGAINST Sl &. M. ELECTRIC COMPANY Case Argued Extemsively in Elkhart Superior Court By Able Coumsel y Wednesday Elkhart, “Ind., June B—Judgé W. B. Hile of the superior' court today took under - advisement the case of the cities of Elkhart and Ligonier and a number of power users against the’ state publi¢ service commission for a temporary injunction to prevent the commission from putting into force its order of May 25 granting the Indiana & Michigan Electric. Co., per‘mission to increase rates. e _This decision was announced after Judge Hile had listened for three hours to arguments by attorneys for both sides . The ¢ommission had .another legal defender today in addition to Attorney W. A. Mclnerny of South Bend, who also is attorney for the electric ‘company and ‘who -fought alone when the hearing first started on Monday. The new counsel is Sum-
mer Kenner. of Indianapolis assistant attorney-general of. the .state.
- Judge Hile gave no intimation of when: he might decide the case:” He told the attorneys that %= would notify them when he was ready to render his decision. It was nearly 1 o'clock when court adjourned and it had been in continuous session since 9:30. ; e
All of the argument resolved itself into one proposition, whether the court has authority to grant a temporary ‘injunction. The defendant contended the court has no such authority, whfig the plaintiffs claimed it has such authority based on the allegation in their complaint thati the crder issued by the commission is void and therefore, under all forms of injunction procedure is enjoinable.
City Attorney V. G. Cawley addressed the court first, and at considerable length set out the contention of the plaintiffs that the proceedings were perfectly proper under the statute which created the commission and under its provisions for appeals fromn the findings-and orders of the commission by cities or private, users of the products of the public utilities. - He made it very clear that the proceeding was against the commission and not against the electric company, and read from the act to show that the act itself directed that the suit should be brought against the commission. For this reason, he said it was not necesasry to-file a bond, about the lack of which the attorney for the defendant had had much to say in his argument on Monday. : : J. L. Harman called particular attention to a provision of the act establishing the commission,” in which it is stated very plainly that an order of the commission to increase rates® of a utility cannot be put into effect until after the utility has filed a schedule of its rates with the commission’ and not then until 30 days’ notice has been given to the public. * Mr. Harman read from the report of the commission on the- elctric rate case showing that the order was made on May 25 and was to become effective on Junel-six days instead of 30 days from the day it was made. For this reason Mr. Harman argued the order is void, as it wviolates a.provision of the act that created the commission which promulgated it ‘“‘and surely,” he said, “the commission can be enjoined from enforcing an unlawful and void order.” . ’ .~ Mr. Melnerny showed the importance he attached to the point raised by Mr. Harman by his lengthy and earnest endeavor to overcome it. He took the ground that the act means that the 30-day notice was given when the electric company filed its notice on November 11 last, that it wished ‘vpermissi,on”to increase rates. He contended that this has been accepted as ‘the meaning of the act by the commission ever since the act went into effect in 1913.. : - _ ' Attorney W. G. Crabill’ who represents the power users at South Bend asked Mr. Mclnerny if the rate granted is the same as that filed with the commission by the defendant. Mr, ‘Mclnerny admitted it was not, which seemed to take much of the force out of his argument. : _ 2
: -Wigton-Alderson. The marriage of Miss Ruby Wigton and Fleming Alderson was solemnized at the Robert Wigton home in LaGrange Wednesday evening in the presence of a large number of invited guests. The bride is a sister of At- . torney Wigton, of this city, has peen a very successful teacher. She met Mr. Alderson in West Virgina while teaching in that state. He is a prominent attorney in his home state. The | W. H, Wigton family and Miss Fredonna Klotz, of this city, attended. the wedding, Miss Klotz acting as one . of the bride’s maids. | Mrs. Emma Thompson of Ligonier is a guest of Miss Susie Conrad in Elkhart township. . . .
