Plymouth Tribune, Volume 6, Number 7, Plymouth, Marshall County, 22 November 1906 — Page 1

htm in YMOUTH Recorders umce icuuu TOLUME VI PLYMOUTH, INDIANA, THURSDAY, NOVEMBER 22, 1906. NO. 7

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WILL FREE SHERRICK.

Supreme Court Reverses . Lower Court Decision. The. Indiana supreme court reversed the decision of the Marion county criminal court Friday, in the Sherrick case. Däyid E. Sherrick, former au ditor of state, convicted by the local court for embezzling state funds, will be freCct from the Michigan City penitentiary, temporarily, at least. And it is not improbable that he will ncycr be brought to trial again, so sweeping is the. decision of the supreme court.

The ? reversal is based on theiceetlings of this congress. It was

genera! proposition that Sherrick as auditor of state was not legally chargeable with the collection and care of the insurance taxes and fees which he is alleged to Have embezzled. This was the contention that Sherrick's attor-neys-vmade, during the trial and afterward in the appeal brief before the supreme court. ' The court holds that .this contention is true: Sherrick, not toeing the proper collecting officer, for these insurance taxes, was not legally chargeable with them. The law -provides that such taxes shall be paid 'into the state treasury." It makes no provision as to whom, personally, the taxes are to be paid. . Away back in the past a clause was' inserted in the tax notice to the insurance companies to the effect that the taxes were to be paid to the state auditor, and in compliance with this such taxes had been so paid for years. t ......... Y Sherrick, as other state auditors before him, had collected these taxes. He admitted in a letter to the govenor that he had used part of the tax money. This letter, and the general proof that he had used these taxes for private purpose formed the basis toi the conviction. The y decision .reverses Judge McColloughs' ruling and instructions as to the responsibility for this money. It holds that as Sherrick was not the proper collecting officer for this money, it did not come into his hands as state money, hence the state could not prosecute him for a mi jtise of such money. ! The:'court held that in accepting this" money from the insurance companiesT" Sherrtclc '"acted as the agent of the "insurance companies themselves and not as the agent for the state. According to the theory of the reversal the companies paid Sherrick as they would pay any . agent of theirs, and the responsibility was on the shoulders of the company. If that money was not paid to the state, it was the fault of the insurance companies who had trusted an agent who had betrayed that trust. It was no concern of the state as to what became of the money, so far as the agent was concerned. If the money was lost, the state could recover, true enough, but from the companies, who were the principal,and not from the auditor, wife was merely the agent of the companies. Under this theory, then, the state could not, proceed against Sherrick' and thedecision based upon such proceeding was wrong. ; u i" ine uecision sun leaves oPpur!"mtL fe: P?.Ce.ed!n- P The decision still leaves oppor

..J-S' u" "lately with marital infidelity.

muugiiL ua.t mc win uc(swutu. lhe lr.suprce' companies, whose agent, the supreme : court holds Sherrick o have been, may prosecute him for embezzlement. If he embezzled t all it was from them, according to the decision. Hence they -might proceed. In; asmuch a'alf of the money' was paid, however, and none, of the insurance i 'companies suffered any loss, it " is. not, probable that these companies will -bring any criminal siitt against Sherrick. -A- ' No i.ftore Passes. , It is announced that the: railroads of both the 'Centra!' and Western Associations have decided to cut off all passes and free transportation January "1. The new law passed by the late Congress forbids' the issuing, of passes for interstate travel, except in certaii specified cases. This law could hardly be effective if the rai.roads were to" continue to issue passes for transportation within the State. So the Interstate Commetce' Commission-has ruled that where interstate transportation is used for the purpose of making an interstate journey the issuance of such transportation will eome, within the prohibition of the statute. Naturally the railroads have decided to take no chances. Piatt's Retirement Forced. The retirement of Senator Thomas C. Piatt from congress is regarded as the probable outcome of the latest developments of his domestic scandal. In connection with the announced separation of Senator Piatt and t his.-wife, the Jätest rumor current is that Mr. Piatt made a settlement, of $300,000 on Mrs. Piatt.. By some the money consideration is placed at an even $1,000,000."

The Divorce Congress. There is an immense amount of divorce reiorm sentiment in Mis country, as is snown by tlie laci that tnere is now in session in riuladeiphia a divorce-retorm congress composed of representatives Irom twenty-seven states, convened especialy for the purpose of securing uniform divorce legislation. National laws are recognized as unconstitutional and tne plan is to draft a wise divorce code and then urge its adoption by all the states and territories. Nothing could be more discour

aging to those who hope for di vorce reform than the recent pro generally hoped and expected that the first object of the congress would be to make divorces more difficult, but everything it has done up to the present tune seems calculated to make divorces, easier and more numerous and by regulations which to most people will appear irrational, immoral and inhuman. v One of the propositions favorably debated for hours' in this body was that divorces" should be granted where one of the parties was insane at the. time of marriage unknown to the other. Not satisfied withgiving.the sane party the privilege of a divorce if he demanded it, this congress proceeded, to debate whether there should not be a commission appointed to divorce him whether he wished it or not. Then to make the debate still more ridiculous this divorce by commission was demanded on the ground that the state was interested" in preventing the birth of insane children, just as if the state would not be interested in that matter whether one of the parties knew the other was insane at the time of marriage or found it out later. Of all the inhuman things thai a man could be guilty of the most diabolical would be the divorcing of his wife and the withdrawal of his support from her on account of insanity. As to his knowing of her; insanity, who knows that any person is insane, and, worst of all, , who can tell in the retrospect whether a person was insane on some previous day, it may be years ago? Anyone can see the the only possible effect of such a law would he --to provide -one more way in which unprincipled husbands may trump up a case against their innocent wives,' divorce them and make them objects of charity. The congress did not even consider the case in which the poor woman had recovered from her insanity since the marriage. Another law laboriously debated by this reform body provided that if a man married under 21 years of age or a woman under 18 years of age either of them should be entitled to a divorce if it was sued for. Here again the con: gress displayed a most discouraging lack of ordinary common sense and a determination ,.to make "divorces easier and more frequent instead of more difficult and less frequent. The idea that young people always ;make a mistake in their marriage choice is absurd, for some of these young couples are the happiest in the world. On the other hand, if they were encour dtto d;ate their marria Ivows inwould simply flood sociThis divorce-relorm congress ought to adjourn sine die and the delegates denv that they ever had anything to do with it. Chicago Chronicle. Death of Mrs. Kessler. Rowena, wife of Simeon Kessler, died at her home at Talma, Ind., Thursday morning, Nov. 15, 1906, aged 71 years. She leaves a husband, two sons and a daughter, also two brothers, Isaac Martindale and Elijah C. Martindale of this city who was the youngest of the Martindale family, and one sister Mrs. George Kessler of Macy. Both the Kesslers who married sisters were veterans of the civil war. Mrs. Simeon Kessler was an excellent Christian lady and will be missed in the neighborhood where she had long resided. She had been a member of the Methodist church over 50 years. Funeral services at the Talma church Saturday, at 10:30 a. m.; interment in the cemetery near Talma. Vote for What Is Right. ' When the legislature meets at Indianapolis next winter and measures of importance come before the two houses, affecting the interests' of the people of Indiana, the question as to who favors and "who opposes this or that proposition ought to never be treated as a. determinative factor. . The question to be considered by senators and representatives should be, "Is this .right? Is this in the interest of the people? Is this for the welfare of the state?" No legislator will perform his sworn duty faithfully unless he be governed by high motives, and patriotic purposes. South Bend Times.

Anna Gould Divorced. At Paris, Nov. 11. the. tribunal of first instance of the Seine, Judge Ditte presiding, grai.ted a divorce to the Countess de Castellane, 'fdrmerly Anna Gould, of New York, and gave her the custody, of. her children, who, however, will not be allowed to be taken from France without t the consent of their father, Count Boni de Castellane. The text of the decree does not go, into the details of the countess's bill of particulars, saying: "Inasmuch as Madame De Castellane submitted fetters and documents, several of which were from the count himself, establishing sufficiently- that since their marriage, notably in 1898, 1902 and 1905, he had- relations and correspondence with various women of easy virtue, which was most offensive to his wife, thus rendering himself guilty of acts justifying a divorcf, and as he had failed to establish a reconciliation, the petition of Madame De. Castellane is granted." The count's demands for an "alimentary allowance of $50,000 annually" was denied on the ground that the guilty party in a divorce loses all the advantages accorded by a marriage contract or the course of married life, and consequently the court refused to allow not only the count's original claim for $50,000 per annum, but the $30,000 which the countess offered and which it now seems the count claimed to have accepted October 25. The decree orders the countess . to send the children on Thursday and Sundays to their grandmother, the Marquis, - de Castellane, and their surrender to their father for a week at New Year's and Easter and for a month in the summer. Anna Gould, the youngest daughter of the late Jay Gould, was fc married to Count Ernest Boniface de Castellane, at the New Yorkhome of her brother, George J. Gould, March 4, 1895, the late "Archbishop Corrigan officiating. Miss Gould's dowry, it was said, was $18,000,000, and it was further stated that her income was ,$600,000 a year. Immediately after the marriage the couple left the United States for France, where the extravagant manner in which they lived attracted considerable attention. About five years after the marriage it was reported that the Count and Countess de Castellane were financially embarrassed,, it being alleged that the count had already spent about 7,000,000 of his wife's money. An adjustment of the. affairs of the count and countess became necessary and considerable litigation followed, with the result that' the Gould family intervened and. the income of the countess was cut down to $200,000 . On February 5, of the present ear; the Countess De Castellane entered a plea for divorce, the hearing of which began before Judge Ditte, Maitre' : Cruppi appearing for the countess and Maitre Bonnet for the count. Evidence in the shape of correspondence between the ' tcount and women- was presented and the case was adjourned to November 7, when the final . pleas were made and the suit adjourned until November 14. On the following day, November 8, the case of the count's creditors was presertde to the court and adjourned for two weeks. , : The three children of the Castellanes are George, Boni and Jay the youngest being the namesake of his mother's father, the late Jay Gould.

Profits at State Prison. ." Accompanying the . report made by Warden J. D. Reid of the state prison to Governor HanIy, is a comparative "statement of the cost of the maintenance and the receipts and earnings at the prison during the last five years-. The report shows that while the earnings have been increased the annual cost of maintenance has been reduced per capita. In 1902 the average daily population of the prison was 810 and the annual cost per capita was $118.54 In 1903 there were 774 men in the prison daily and the annual cost per capita was $126.73. ThU was reduced the next year to $125.73, when there Was an average daily population in. the prison of 795. In 1904 the prison had an average population of 888. This year crime seems to have increased and there are more men in the prison than ever before The present population of the prison as given In Warden Refd's report for the year 1906, is 9tS The cost per capita was reduced to $111.50. ' New Variety of Alfalfa. The department of agriculture believes that it has found a variety of alfalfa that will prove successful as a forage crop in ' the northwestern states. Prof. N. E Hansen, of the South Dakota experiment station, found the plant on the dry steppes of Siberia and describes it as thriving where temperatures go as low as 40 degrees below zero. He believes it will prove a boon.

Home and Wife. In English law a man's house is his castle. In American life his home is a royal palace in whiclf the wife is queen. It matters not how humble the dwelling or how meager the appointments, if t love be there and the queen preside. But if death storms the castle or sacks the palace, carrying off the queen the home, however magnificent, remains to its owner desolate. Friends may be many, and their attentions kind, but "the heart knoweth its own bitterness," and realizes its utter desolation, when nought remains of home but a sacred memory. The vows that bind the young wife and husband to love, honor, and cherish," 'involve not a task but a pleasure, until death doth them part. Yet too often husbands neglect the little attentions and courtesies to the wife by which they won the bride. "All the world loves a lover," we arc told. Why should it not still further admire the husband who remains a lover? Young married couples should remain sweethearts, and, for that matter, old married couples also. For death will inevitably part them all. ' Unlimited wealth is poor in comparison with domestic happiness. "He that hath a good wife hath a good thing," said Solomon. A good, true, loving wife is a man's richest possession. Her affection arouses his ambition and spurs him to noblest effort; for her approval is his richest reward. "Man rules the world," but woman rules man. She sways him by her affection, gives him strength to withstand temptation and moulds his life for good. This is the ca;e in true wedlock, with the mutual tastes and aspirations and single-hearted devotion to each other's welfare. The little courtesies and com

pliments of appreciation should not be forgotten. words ntiy spoken are like apples of gold in pictures of silver," and in no place can a word be more fitly spoken than in praise and cheer to one who loves you. It is richer far than presents of gold or precious gems. . Don't carry your business troubles to. your- homes'. At any rate do', not let the cares, per plexities and anxieties of the "remorseless outside- world disturb the serenity of your home life. Man is naturally unappreciative of the little vexations that may come to the wife. In the hard struggles, of life he is liable to forget that the. ills and perplexities of household affairs are often harder to bear than the heavy burdens that devolve on him. The woman meets these unflinchingly, and often, though called "the weaker vessel, proves that she has the braver heart. Above all, the wishes of each should be the law of the other. Each should put forth the strongest efforts to make the other happy. Thei;, whether the final parting come soon or late, with sudden shock or lingering illness, there will be ho vain regrets or reproachful recollections but, instead the consolation of "remembered happy days."E. R. S. The Crying EviL The Marion Chronicle enters a spirited protest against one of the most serious evils in our election methods and, suggests the remedies in law and public sentiment which ought to be vigorously and persistently applied, if says ; "The legislature ought to strengthen the law against corrupt practices. should be made a penal offense to buy a vote, directly or indirectly, in a primary or an election, and immunity shod be Insured to the victim of political debauchery who turns state's evidence, Then these laws ought to be supported by public sentiment, without the active exercise of which In the law's behalf any statute is wors than worthless. The cry against corrupt and unfair practices in politics, to be effective, must not simply be the cry of men beat.;n at their own game. The battle must be waged by men with clean hands, even when the desire to win brings temptation to resort to' what have become, so sodden have we grown in this respect, the usual methods in politics." . The last sentence contains the pith of the matter, the real cate of the pvjl, and the only way to remedy it. It requires cjean hands to cfeansp the political temple. One moneychanger may chase put another, hut the place still remains a den of thieyes. It needs the scourge of purity to drive our all who desecrate the holy place. Independent Voters Won. At Milwaukee the contest for the important office of district attorney wa between an independent candidate and the nominee of the Socialists, the former winning by a ßcratch. The Republican nominee was third in .the race and the Democrats fourth. And yet for three successive terms the Democrats elected their candidate for mayor by ov erwhelming majorities. .

. A State Without Taxes. Wisconsin finds herself literally struggling with an embarrassment of riches. There was already so much money in the State treasury that the ocfnials did not know what to do with it, and with the prospect of $2,500,000 from this year's taxes the State Treasurer went to the tax

board in despair. The result .is that all of the State taxes are to be remitted except the school tax, which has been reduced to half a mill. How is this? La Föllette. It shows the difference of a government for the people and one for thq interests that make money off the people. The people of any state can do as those of Wisconsin have. done. The particular Wisconsin way was the railroad route, so to speak. It is the result of La Follette's long fight when he was Governor. Under the new ad valorem law the railroads now pay annually $2,GOO,000, which is one-third more than they paid under the old license system. The amount of taxes to be "remitted to the people now by reason of the overflow from railroad taxations is $1,818,325. On the first of this month the balance in the State treasury was $2,129,141, or nearly $1 for every man, woman and child in" the State. The total receipts for the current year are estimated at $4,689,700 and the total expenditure $4,327,200. The tax remitted, except $157,570 for interest on the State debt, is all devoted to educational purposes as State aid to universities, normal schools and the graded and common schools. Meanwhile the State is building herself a $5,000,000 Capitol, and but for this there would have been no State tax at all this year. The State debt, it is explained, is not a real debt. During the civil war the State had a debt, but years ago all of the bonds representing it were bought by the State with money from the permanent common school fund, so that the interest aid on these bonds each year becomes part of the school revenue distributed throughout the State for public education. We have in this rather unusal condition abundant encouragement for ourselves. While Indiana's tax management is good, it could be still better adjusted A Real Fairy Story of Profits. While the Chicago city government is trying to collect $5,000,000 back taxes from the Pullman Car company, the latter capitalized twenty-SIX Ot v its twenty-Seven -million-dollar surplus, bringing the stock up to $100,000,000. This free stock distribution is 3b per cent of the capital stock up to this time. The stock is worth $2(50 a share, so the distribution represents $67,600,000. The story ot the Pullman company reads like a fairy tale. The Chicago Tribune's account is that in Auugst 1898," the capital stock was $36,000,000, and' then a stock dividend of 50 per cent was declared, doubling it. This was a gift of $18,000,000 stock. Besides this there was then a distribution of $7,200,000 in cash. Meanwhile regular dividends (8 per cent.) were going on. These other things were extras. To continue the Tribune's story: ; Since '1898 the stockholders have received im regular dividends 64 1-2 per cent, on the par value of the $36,000,000 which they then held, and they have received 64 per cent, on dividends on the $J8;qOQ,000 gift stock. In cash ths has amounted to. a total pf $34,720,000, Eut this is only a portion of the profit. The $18,000,000 stock which cost nothing, has a matket value of oyer $?Q0 a share, or a total of $46,800.000, The $96,600,000 new stock just voted had a market value of $200 a share, or 07,600,000, In cash, therefore, and iii the market values of the $18,000,000 gift stock of 1898 and of the $26,000,000 gift stock in 1906, the shareholders will have received a total of $156,320,000 in eight years. Kxpressed in percentages, the cash received in the period mentioned has been equal to 116.44 per cent, of the principal. The market value of the gift stock has been equal to an additional 317.77 per cent., or a total of 434.21 per cent in eight years. This is an average of 54.27 per cent, per annum. Margaret Bottome Dead. Mrs. Margaret Bottome, president of the International Order of the King's Daughters and Sons and of the women's branch of International Medical Missions, died at her, home in New York Wednesday aged 79 years. She had been ill for a week and her death was not entirely unexpected. Mrs. Bottome was one of the best known women in the United States. She had been a leader in women's societies for many years and had given '"Bible talks" in New York homes for the past 5 years. She was the widow of the Rev. F. Bottome, who was a voluminous writer on religious topics, and was at one time an associate editor of the "Ladies Home Journal".

Peril in Flood of Gold. Professor John Pease Norton of the department of economics at Yale university has an article in this week's Yale review on the

gold depreciation in the country. He looks for serious national financial conditions if the depreci ation ot gold is to continue and Suggests that congress investi gate the matter. He says in part: "When Wil liam Jennings Bryan was defeated in the year 1896 the world be lieved that the advocates of the gold standard had won a signal victory by the decisive overthrow of the hosts of inflation whether by bimetallic or by single standard, but in the strange unraveling ot the tangled skeins, financial and ixlitical. it is slowlv becom ing apparent that, by a jchance ot nature or by an act of God (ac cording to the Democratic nlat form of 1904), Mr. Bryan, altnough defeated, has gained the victory for inflation, but without the honor, and that the advocates of a stable standard,' gold, have gained the honor of a victory, not only empty but with a sting. "The growth of radicalism is under different names developing at a rapid rate in every section of the United States. The har vest will probably be in the nat ure ot tanrf reform, inheritance taxes and legislation against the rich and against corporations. "The strength of the radical movement as fostered by Hearst rests oh a force htiherto untried in politics, one of the most powerful forces in modern business namely, advertising. "Government relief through operations of the United States treasury is both unsatisfactory and dangerous. If such relief is afforded too early the inflation goes farther and breaks most disastrously. It is probable that Mr. Shaw has already exceeded the bounds fixed by political propriety and financial wisdom. ."Each operation has only intensified the forces of inflation. Nevertheless it is only fair to say that if such assistance comes too late little is accomplished after the depression has once started. "In this connection it, would appear that three courses are available, all regulating 'the production and tending to keep the standard stable : . . 1. Government ownership of the gold industry. 2. Government tax levied as a specific duty on every ounce of gold produced and adjusted in amount so as to produce stability by limiting output. 3. Abandonment of metallic standard and the adoption of a tabular standard, supplemented by an extensive and adequate clearing system and international as to place and to variations in discount rates bya system of deferred clearings as to time. "It is probable that, as nations and legislatures are constituted, the latter remedy would be the simplest and most practicable. it the metal gold shall continue to follqw in the footsteps of that recalcitrant sister metal, silver, and shall fall as precipitately in the immediate future as in the last eight years the nations of the earth will shortly awaken to face a money problem of absorbing in terest. Two Marriages. Rev. N H. Shepaprd went to South Bend Friday afternoon and united in marriage Mr. Hiram Bradley pf Tyner, and Miss Edna May Good of South Bend, both excellent young people The preacher returned to Plymouth at noon Saturday and just after dinner another couple requirea ms services, rtenry A. Holderman a teacher of German township, and Miss Josephine M. Ballenbacher of the northeast corner of Center township were quickly made one and went on their way rejoicing.1 The Tribune extends congratulations and good wishes. A Tall Smokestack. The smokestack of the new steel plant of the Haskell & Bar ker Car company at Michigan City, erected under the supervision of Alexander Kirschke, was finished Thursday. It is 167 1-2 feet high and contains 300,000 brick. Access to the summit is gained by an elevator inside and several persons have gone np within the last day or tvo, to see the sights. Frqm the high perch one may distinctly see the court house at Laporte and with a glass, villages m Porter county are visible, Killed at Walkerton. Martin V. Payne of Fairview, Ill., was killed at Walkerton last Tuesday evening by a L. E. & W. train while crossing the tracks. He was a relative of the Shirleys in this county and was about 65 years of age. Two sons arrived from Fairview, I11., Wednesday afternoon and the remains were taken to Salem Chapel near Inwood where they were interred Thursday. He was a stranger in Walkerton, it was dark where he crossed the track and he did not see the freight train which was backing and killed him.

Personal Magnetism. Is there a personal magnetism that permeates the writings of

the possessor? What is it that makes one like the writings of one man or woman over others, when the quality of their work is inferior as measured by all the standards of literary art, logic, fact, force, sincerity, polish of expression, constructive elegance? We answer that Lincoln won his audiences from more polished orators by his sincerity and naturalness, but his sincerity would not be accepted by his opponents, and his naturalness was not all his power. There was that quality we call magnetism. Now does that same magnetic force fill one's writings? Why do we xead with pleasure the editorial page of one paper, and care nothing for that of another written with equal care, more literary abilitv and excellence? These questions often suggest themselves when reading the writings of men of whose personality we know noth ing, but whose words appeal or repel, even when they express sentiments that are in sympa thetic accord with our own. So we listen to speakers, even those whose ideas we reject by preju dice and even after their own l.v'1C. Vet are WP h1d tn tpmnnr. rr acquiescence. Why ? Elkhart Keview. Teachers' Wages Better. Fassett A. Cotton, in his reoort to Uov. Hanly, will show that the wages ot the school teachers of the state have increased in the last three years to an appreciable extent. In 1904, acording to the figures on an average the teachers ol this state received $2.65 a day : in 1905 this was raised to $2.72 a day, and the completed tabulations for this year, just made, show that the average dailv wage of the school teachers now is $2.78, From 1903 to 1906 the average daily wage of the teacher in the township has increased from $2.50 to $2.54: teachers in the town .from $2.84 to $2.91 ; teach ers in the city, from $1 20 to $3.32. Correspondingly, then, the average yearly wage, as just figured by Mr. Cotton increased from $443.78 last year to $458.61 this year, lhis includes all teachers of all public schools and the 92 county superintendents. Modern Samson in Canada. Possessed of Samsonlike strength, Albert Fisher saved his life by a remarkable exhibition of his power. Fisher was employed at a stone crusher and his duties consisted in feeding rocks into the huge machine. To aid this he stood on a platform just above the crusher. He had just dropped a fifty-pound bowlder into the machine, when his foot slipped and he fell headlong between the steel jaws. No person was near to stop the engine. Bracing his shoulders against the steel crushers, which were slowly clos ing, the sturdy workmen exerted all his great strength in one powerful effort. For, a moment the machine stopped, then the mas sive sides drew apart, and finally there was a rending of the steel joints, and the crusher fell to pieces. Tax Ferrets Reap Harvest. The county commissioners have allowed J. B. Workman & Co. $1,339.62 for their 35 per cent of the collections on sequestered property during October, the tax ferrets having a five year con tract. They have received since April $6,328.28 and indications are before the five years is completed they will have reaped a veritable harvest in Wabash county. The tax ferrets have credit for lowering Wabash coun ty s majority to the - dangerous point Two suits are now pending to have the contract anulled. One minister and several promin: ent business men who have not sought to escape ordinary debts were found possessors of sequestered taxes, not knowing they were to pay on the property unearthed. Wabash Times. Back in Eearly Days. It was away back in the early days of this country that a man was brought to trial for selling liquor without a license. The defendant insisted that it was no: whisky at all, just cider and would not intoxicate anybody if he drank a tub of it. Finally, the judge hit upon the bright idea of sending for a sample of the stuff for the jury's inspection. After the jury was out four or five hours, the foreman of the jury reported: "Your honor, we are unable to agree. It will be necessary to sample more of the evidence." New County Officers. The prosecuting attorney, surveyor, sheriff, coroner and commissioner of the first district will enter upon the duties of their respective offices January 1, 1907. The auditor, clerk, treasurer and commissioner of the third district do not take their offices until January 1908.

STANDARD OIL SUIT.

Federal Court Asked to End "Re- , bate-Fostered, CompetitionCrushing Conspiracy." The national administration at last has attacked the main chadel ot Trustland. The castle of -standard Oil is totunng on its toundation and agents of the United States government, armed with the wrecking toois supplied by the statutes against conspiracy in restraint ot trade, are prepared to render it a mass of industrial debris. Official announcement was made at the Department of Justice Thursday morning that alter months of investigation and plan ning the government is ready to strike the blow whose aim is dissolution of the Standard Oil Company of New Jersey. Coincident with this announcement a petition in equity under the pro visions ot the bherman antitrust act was tiled in the eighth judicial circuit at St Louis against the parent company, seventy other corporations and limited partnerships that are tied to its apron strings and against the following Standard Oil kings and princes: John D. Rocketeller Henry H. Rogers. Henry M. Flagler. Oli ver H. Payne, William Rockefeller, Charles M. Pratt, John D. Archbold. The judicial power of the United States is asked by the co-ordinate executive branch of the government in this petition in equity to declare the combination between the seventy subsidiary corporations and the New Jersey holding company unlaw- ' ful, to prohibit those corporations from paying any dividends to the Standard Oil Company of New Jersey and to enjoin them from restraining trade or commerce or monopolizing trade in the future. After dissolution of the inanimate trust, the government, 'with the success of its attack on the Northern Securities merger fresh before' itt and confident of its ground as a result of painstaking investigation, having little doubt of the outcome, the question of criminally prosecuting the flesh and blood Rockefellers, Rogers, Flager, Archold and the rest will receive attention. A postscript to a statement given out by Attorney General Moody hints strongly at the probability of future action that may mean more than mere loss of dollars and cents to the trust magnates and the curtailment of their power to throttle competi tion. Dissolution of the coroorate body the tearing asunder of the octopus, trunk and tentacles hovever, is the initial objective. The successful accomplishment of the suit in equity will be like ly to pave the way for the pun ishment of transgressors who have made the name of Standard Oil as odious as the stench from the refuse of one of the trust's refineries. The arraignment of the Rock efellers and their partners in Standard Oil by the Attorney General of the United States al leges a systematic reign of moral obliquity that has been in con stant operation for thirty-five years. I he statement issued by Attorney General Moody recites the preparation of the case and gives a concise history of the development of the octopus through clever evasions of the law. com binations antl agreements. Counts in Moody s indictment of Standard Oil are as follows: Illegal crushing and unfair manipulation of the prices of oils. Organization of bogus inde pendent" companies to tut prices to customers of real independents. Division of the whole territory of the United States into districts so that subsidiary companies within assigned limits have a monopoly. Illegal agreements with rail roads by which independent oil companies are compelled to pay two to six times the Standard freight rates. Unlawful agreements with cer tain independent refiners by which the Standard markets or purchases all their products. eliminating competition. Monopolizing the business of pipe lines and failing in the duty of common carrier. Establishing a system of rate discrimination in its favor through influence with and ownership of railroads by the individ ual defendants. Using its monopoly of the rail road market for lubricating oils as a club to obtain unfair traffic favor. Dies a Hard Death. Robert Miller, 36 years old, is dead at Goshen, alter an illness of many years. His case was baffling to doctors. For hours he lay in a comatose state and every minute . was expected to be his last. Then he would suddenly revive,, become conscious and sometimes get up from his bed. This condition existed for months at a time. Tubercular meningitis is what is given as the cause of his demise.