Plymouth Tribune, Volume 8, Number 39, Plymouth, Marshall County, 1 July 1909 — Page 5

f tie Drug and the price.

When you need drugs you need the best and it pays to know that you get what you pay for. That is something you can always be sure about when we supply your drugs and medicines; because we take no chances; we make it our business to know that the drugs we dispense are reliable. We are equally careful to make the price right. They are reasonable, uniform and alike to everybody. u uiuy uiuiu, PLYMOUTH. IND. LOCAL NEWS m f mW iMri. A. J. Bowell spent Thursday at Winorfa. Sigmund Mayer was at Bremen on business- Thursday. U. S. Lemert sipent Thursday at Dtlong c business. John Harri .-"pent Thursday at Satith BerJd on business. Miss Liscy Barts- sperrt a fewdays at Ft. Wayne. M. Totter of Walke rtoni spent Thursday -here on business. Wm. Srbert spent Thursday with bis parent at Hamlet. J Lee Ritdhe spent Thursday at Columbia. City on busings. George Cross was a South Bend visitor Thursday on business. Mr. and1 Mrs. Ed Reece of Fort Watyne, were Plymouth! victors Thuirsdlay. ' M'rs. M. WaKaoe went to South Bend Thursday, where- she will reside in the future. Mrs. Cora Kit'a went to Clay pool today to viit with ber sister Mrs. j M. Puney, for a few days. j Mrs. Clyde Snyder wem to Breth-i ren, -Alien., itnursdtay to vtsit wntn ner parents Mr. and 'Mrs. Daniel Lemler. Miss 'Marie Boring of Ottawa, 11'., is spending her summer vacation with Miss Althca Mas-serea and relatives elf this city. Mrs-. Fred Anders of In wood, was a Plymouth "caller Thursday, emvxite in Laporte, wiere she will visit with her modiier, Mrs. Griftith. Mrs. Mar E. Schroeter of Wheaton, Ilk, who has been visiting with her sister, Mrs. Mead Logan, returned to 'her Home Thtirday. (Mr. and Mrs. J. Fowble of Mill Creek, whj 'have been visiting with friends in this city, went to (Monterey for a visit Thursday. Mrs. Haittie 'Beaver and 'Mrs. Ed Hribster and daughters Ethel and Verna, have gone to Bounbon to attend the 'Slough family reunion. Mrs. Lizzie Beckner of Arge, was a 'Plymouth visitor Thursday, enroute fo 'Bremen wihere sh'e will visit wit. her siste 'Mrsx Emily Daugherty. Wlrs J. Ii. Warner returned to her hoirue in Indianapolis Thiirrs-day, after viäirinig in this cfcy for z. -week, the guest olf Sier mother, Mrs. Wm. Pomeroy. Mrs. T. B. Markin of Camden, who has been visiting in this city, the guests of Mr. and IMrs. U. T. Overmjer for a few days, went to Culver for a visit Thursday. .Mrs. Joel Wiltroitt and Mrs. D. W. WrUrout of Akron, O., who have teen visiting with the former's broth-er-jtt4av, E. J. Wilt rout in this city, went to IMIichigan City, Thursday, to vLVt with friends anl relatives. 'Mr. and Mrs. Robert Watkins and Mrs. Leo Dingledien and son, Glen, oi Bourbon, were Plymouth callers Thursday, enroute to Pottersvilie, Miicb, wih'ere they will visit with the former's, brother, Enrxrh Watkins. Mrs. P. O. Walker of Denham. Ind., is viting with her brother. Auditor Charles M. Walker in rhis city. wiom she has not seen for many years. Mrs. P. O. Walker, is a half sister oif Chades Walker, and married his. brother. There will be a veranda social given by the ladies ci the Evangelical church at the home of Mr;. Jar1 Foltz on Somth Michigan street, Thursday evening. Cake and Ice Cream either plain or with a strawberry, pi'nea'pple or choclate syup.

Tho Mm nnin s f

1 110 I UUUIU

AT V BUCK'S

C. D. Kizer spent Friday at South Bend on busimesls. Mrs. H. M. Seniler went to Laporte lor a snort -v-isät Fri'day. Henry SM i Her of Bremen, was in this city on- business Friday. Mrs. X. F. Rofckhil'i spent Friday ailternoon with (friends at Culver. Peter Wealh erholt spen't Friday at Ang-ois, th'-e guefct of John Snyder. Mrs. I. 'N. Gerard ot Tyner, spent Friday morning here enroute to South. B-endi Miss Fern More'fock spent Friday rwith Mrs. Charles Kiztr at Twin Lake. Louis Bea'gles went 'Po South Bend todkiy t)o visit 'with Ms son- William Beagles. Dr. D. C. Knfdtt lias gone Ito (Martinsville -to s-pentd a week at the resort there. Mrs. Jacob Fbltz spent a few dlays wiith the 'famt'Jy of Graham Rose at Bourlbon. Messrs. William McDufiie and Claud Harris were at Lapaz on business Tuesday. . Messrs CaJvin O'Blenis and Louis Shaer of Argos, were in this city n business FrLday. Mrs. Uriah Krhrg wen't to Napr?nee Friday to visit -her with lister, Mas. Benjairntin Heeler.

Mrs. Alva. Turnibull went Twin Lnke Friday far a shont visit .with "her sister, Mts. C. E. Cleck. Mrs. Harper Anrcmes and Miss Grace Nrerwenft to Iriwood Friday to spend th!e day with 'Mrs. B. Mann. Mrs. 'Mary Miller or Tyner, vfcs i .'Plymouth caller Friday, enroute to South Bend, where she will visit wMi friends. iMaister Earl 'Muffley wertt to KolcorrJo Friday, to visit ifbr a Couple of 'weeks- wMi his aiun-t, M.rts. Des-sie Fritzlow. Mrs. Mary Darling of Tytier, -wih'o has been visaing iwith her-niece, Mrs. Henry White here, returned to her home Friday. Mr. and 'Mrs. Harry McFrely returned to thie'ir home in Culver Friday, after spending a week with the j airily olf Homer IMattox. O. H. Seward and family of Anderson, iwho have been- -spending sever iLvys in Plymouth on bigness, went fo Rkxhester Frid'ay. Mrs. R. C. Piter df South Bend, s,ient Thursday evening here, the guest of Mrs. A. C. Hume, enroute to -her home from iLafayette. Mrs. George TThomfoure lias returned to her hostile in Twin Lake, aifter visiting- for a few days with her sislter, Mrs. Charles' Cressner. Mr. and Mrs. L. Thompson, returned to their home in Irkk'arrapoHs Friday after visiting ifor a föw days with his brother, W. D. Thomoison. Mrs. Susan WalSate reurnexl to her home in Walnut Fridby, after spending a fev weeks -th her son-in-lawv Albert Savage and family.. Mr. and Mrs. Joseph Swindell and raughker Miss 'Minnie, wtnit to Larwin Krtday, to spend Siuiday with Mrs. Swindell's sister, Mrs. A. B. Firestone. iMiss Idia Hiishlawier lif Bremen, s-i-nt Tliursday evening here, enrotrte to her borne, after attending the Sunday Sdrool convention at LafayetJte. Mr .and iMrs. D. S. Diwmmack went to Lakcville Früday, to attend the wadding of her brother, A. Kirkland ro Miss Etta Baker, which oceitrs ihis Evening. Mr. and Mrs. George Kleinschtmick returned to their home in Logan, O', Friday, after spending a feiw days Uh their son, Geo. Klein sobmi 2nd rwüfe, in thfcs cityv IMtis Daisy Wbodlward left Friday evening for Chicago, -where he w '1 ;oin a party of eight iriends to take a four lay cruise on Lake Michigan, in a private yacht. It is said that some girls do not get married because their teeth need fixing a-nd that some men remain single because they don't get shaved often enough, birt neither seems to make any difference after the knot i tied. Edütor C. M. Smith of the Mentone Garet te accompanied by his son Leonard Smith .wwe in Warsaw j Thursday, on vheir -way to Plymouth to attend a meeting of the Northern Indiana newspaper men- 'WarsawUnion. The funeral of the late Mrs. Geo. L. Protsmhn was held Saturday morning at her holme in Convoy, O. Tlie remains were brought! to Ply. moutil fit 1:30 p. m. Saturday for burial in Oalc HiW cemetery. SWort serv:Jces at th'e grave. Mis.s A. Creagcr and Miso Dorothy Liebman, of Fort Wa- ne, 'wo have been -visiting 'Mr. and 'Mrs. Carl Miller, left Thursday morning for Plyimoirth Mr. and Mrs. L. C. Wann anid son, Frank, Ijave ne to Cul-er to visit over Sunday wiltb Dan 'McDonald and faimiry of Ilymoarth. Warsaw T'mes

Clint Bonklurant spent j-csteTday at Xilcs, via a-uto. Miss Nellie SeltenTight was a Har

ris visitor yesterday. Albert Love and son Marion, spent yesterday at South Bend. Mr. and Mrs. O. S. W'lkinson moved to Wyatt yesterday. x - W. R. White spent yesterday at Xiles, tMic'h on business. Mrs. Ford Reynolds of South Bend i visiting her parents here. iMrs. Samuel 'Baker spent vesterday at South Bend on business. 'Mr. and Mrs. George Riddle of Argos, speiiit yesterday at Inwood. FOR SALE Gentle horse, harness and buggy. Apply 40S S. Plurnib St. Mrs. Clinton Grube went to Twin Lake to visit her father, Perry Sarber. Mrs. Thomas Kleckner of Peru, is here visiting Mr. and .Mrs. Otto Kling crman. Mrs. Elina Hinsel returned to South Bend after attending the funeral o-f Jesse Man-ial. 'Mrs. Bert Himes spent a fewdays with her mother, Mrs. Delia Siawson, at Inwood. Mrs. John Freeman and children are visiting with her daughter, Mrs H attic Elkins at Bourbon. S. D. Whiteman 'went to Lapaz af ter spending a few days with his daughter, Mrs. Percy Troyer. Miss Florence ' Johnson and Ma :cr John Charles Werntz spent yestcrday wirb friends at South Bend. Mr. J. C. Whitesell has returned irc-m a short visit with her parents, Dr. and Mrs. Ritchie at Donaldson. Miss Mata Garver returned to her iome in Argos yesterday, after visit ing her aunt, Mrs. II B. Allen here J. W. Soudcr and Mrs. D. W. Noting of Culver, were here attend ing the funeral of Harrison Hornier. Two Deecing Hay Rakes and one Keystone Hay Loader for sale at ;s't. Apply at once. Ringigenberg & Cullison. Mrs. P. M. Krouse returned to hir 'u;me in Argos after visiting with .riends at Xiles, South Bend, anj lymouth, Mr. and -Mrs. Earl Whited returned .o South iBendi Tuesday, after a short .v::h his parents, Mr. and Mrs. Stephen Whited. Miss Mae Burton, of Tyner, who ias been visiting with Mrs. Daniel i'.eagles, in this city, returned to her iome Tuesday. Miss Ida Howard of Mishawaka, returned to her home Tuesday after isitfinig 'wi'th the. family df her cousn. 'Wm. McCormick. Xonnan Miller left Thursda ;or Albert Lea, Minn., N. Dakota and Canada in the, interest of the International Harvester Company. Mr. and Mrs. S. W. Pressley re'turnekl to Dutton, iMich., yesterday i'.'ter visiting their' son Robert Head n this city, for a few days. E. F. Carpeuter of South Bend, Aim has been the guest of his brother. E. B. Carpenter and family here, returned to his home yesterday. Mr. and Mrs. Thomas Earl of Wacarusa, who ave been tne guests' of their son, Thomas in this city, went to Bremen for a visit Tuesday. Mr. and Mrs. Thomas Kennedy have returned from a twelve days' visit with friends and relatives at Ambia and Boswell, Ind., and Hoopeston, 111. Thomas Myers has returned from spending ten days with his cousin, Mrs. C. H. Bennett at Charlotte, Mich., and with- friends at Lansing, and other cities. 'Mr and Mrs .John V. Astley and laughter, Mrs. Mark Swoverland and daughter Rose, went to South Bend to attend the wedding of Miss Bessie Shanahan. Mrs. T. S. Gulling an'd son Nichol as, returned to their home in South Bend Tuesday, atfter visiting with' her parents, Mr. and Mrs. Xicholas Die;al, for a few days. Mrs. Charles Andrews and" Mr. and Mrs. Jesse Astley -went to South Bend to attend the wedding of the former's niece, Miss Bessie Shana han to James H. Hudson. Mrs. P. O. Walker and daughter. Daisy, of North Judsia, who, have been visiting with his brother, Chas. M. Walker and family, wcr.t to Ar-g.-s for a visit Tuesday, enroute to their heme. MARRIED. Hager Snyder. At nine o'clock a. m. yesterday at St. Michael's church Miss Rosalyn I lager was united in marriage to Dix W. Snydr. The bride is the eldest daughter of Mr. and iMrs. Fred Hag er residing north of Plymouth, and the groom is a resident of Mishawa ka. i The bridal party entered the church to the strains of the Mendelssohn Wedding March played by the Ply mouth' oirchestra. First came Misses Ilortense Keller and Tecla Hager as flower girls. They were' dVessed in white and carried boquets of white carnation's. The bridte'si govn was white mescaline, made enpnncess with a slight train, the bridal veil was caught with a tiara of flowers and1 the bride carried her prayer book. Miss Clara Hager as bridesmaid was gowned in link silk, with a large p:nk .picture hat and carried a shower boquet of pink to-svs. Mr. Jet Snyder a brother Y the bridegrootn, acted as best man A reception folowcd the ceremony at the borne of The bride's parents. Among those from otit of town to attend the wedding were Mrs. Ohas. W. Keller of (Chicago, Mrs. John L. Keller Indiana Harbor, (Mrs. Hauk and daughter of Mishawaika, Mr. and Mts. Henry Goo-ling and children of Mishawaka and Mrs. AVarren iSobraeder Mishawaka. Mr. and Mrs. Snyder -will make iht-ir future home at Mishawaka (Many friends join with us in wish ing t'hein uiifbound'cd happiness

SHIPLEY LOSES

CLOSED DOORS LUST NIGHT

Judge Bernetha Decided That Liquor Li

cense Was Not Granted Until Taken Out Decision Covers Case

The Shipley saloon on north Michigan street, one of the last three to go out of business in Plymouth, clased ks doors at 11 o'clock Tuesday evening to remain closed. Shortly before a telegram had been 'received by Edward Shipley, the .proprietor, that Judge Bernetha, at Chambers in Rochester had decided against him,, i,;c anit t.- fU-termine whether he! should have closed his doors on June 2 or to be permitted to Tun until De c ember 5. The sunt wa-s brougni in the form of an injunction against Otis Kebert, the marshal of the city o'r Plymouth, and 'IL L. Unger prosecuting attorney of this the 41st Judicial district, to prevent them from seizing liquors -which he had in his possession. The qusetion to be decided was whether the liquor license wet;t into effect when it wasi granted by the commissioners, or when it was paid for and taken out by Shipley. The license was granted by the com missioners on October 6th, 1008, but was not taken out until December 5th. Between that time the local option law went into effect by proclamation cf the governor with its ninety day closing clause, which was to affect all licenses granted after its passage, but none before its passage. Thus the question was whether the license was in effect upon its gr'.nt.ng by phe board or upon the taking jut of the same by Shipley. Tne court at Rochester decided that it was in effect when it was finally taken out by Shipley and not before. The Decision. The following is a complete decision of Judge Bernetha, and fully covers the case and the questions involved: iState of Indiana, Marshall County, ss: Edward Shipley YS John Zeider, Daniel W. Jac.jby Marshal of Plymouth, Ind. and Harry L. Unger prosecuting attorney, liie complaint in this cause was lilio. June fth, 1DU9. A restraining or.sstied June 3th, J'JOO, notice given ;:d :he application for temporary re- ". ruining order set for hearing June 1th, Pju! at which tinie plaiir:iff apeared before the Judge in Chambrs ;.t Rochester, Indiana by Charles Ce!Ii-n a;d Harley A. Logan, at.ori.eys and the defendant by Adam i. iVise and Harry L. Unger, attor;cys. An amended complaint was i!ed 'by plailntitT and a demuirrer hied o the amended complaint; also a mo-.-r. to dissolve the res-training order ior reasons shown in the motion. Argument heard on demurrer and moAc:t ami taken under advisement. The matter has been ably presented by counsel on efther side and I think it pnper to say that the claims oi the parties have been earnestly and ably presented im such manner as to indicate that the proceedings are cn good faith to secure a construct! n I Ji the law as it affects the rights of the jvarries, plaintiff and defendant in the can ac Nand I have so considered it. The Supreme Court hai held that a proceedling such as is sought to be enjoined in this action is a proceeding in rem and1 is not a criminal action and 1 believe that if the facts stated in the comsplaini are sufficient to entitle the plaintiff to an' injunc tion the restraining order should not! be dissolved on the ground that an adequate remedy at law exists. The remedy at law to defeat an application fox injunction! must be plain, adequate and sufficient. That plaintiff 'in thi cause alleges that his property will be seized and removed and his business destroyed before he can te heard in his "defense in an action at law. He also alleges that the party filing the affidavit is insolvent. The officer having a valid writ issued by a court having jurisdiction would be protected from liability so that it appears the remedy at law will not be adequate or sufficient. The court is then called on to construe the statutes and decide as to the construction of the "Local Option" statutes in so far as it applies- ta the right of plaintiff having a- license issued after the statute was- passed. The plaintiff in this cause states bat on October :rd. 1MS4 plaintiff filed in the lAnditor's office of Marshall county his application for a license and at the same time filed his bond That said1 bond was- approved by t'ie Auditor and on the 0th day of October. 19CW, th-e Board f Commissioners found that the application was in proper form, the, applicant a ,rroper Jenson and that he had given not-ee as required bv law. And on aid day granted to said applicant a license. That on the 3th day of Deeeiniber. 1 WM, said apoHiwnr paid to the Treasurer of Marshall county the sum of one hundred dollars and paid to the Auditor of Marshall County, In liana, his fee for the issue of the license and n said day the Auditor of Marshall County, Indiana executed to applicant a liquor license and alleging other facts in the complaint which I believe are sufficient to entitle the plaintiff to an injunction if his license was not affected by t.ic local option law which tt "is conceded by counsel for plaintiff and defendants was passed and became operative November 20th, 190S. The complaint further alleges that a petvion was filed in the Auditor's office of 'Marshall County 'fo- an election and election held on the 4th day of March. 1W9 and the certificate filed with the Auditor of the eminty declaring the result of the election as 'follows r "That a -majority of the legal votes cast at such perlal election is in tfavor of prohibiting the sale of intoxicating :quors as a beverage in -such county." That at 'the next regular session of said Board of Comn.issioneirs said Board made an order that the result of sai' election nrohibited the sale of intoxicating liquors in such county and caued the same to die entered on record. That an affidavit was filed and a warrant of search and1 seizure issued t Defendant Tacobv. Alleei'nc thit the defendapt'si claim that nlaintiff ho!d certain liquors unlawfully for the

FIBHT

SALOON

reason that said election and order of the Board of Commissioners ren dered his license null and void. The constitutionality of the statute has not been questioned in argument as the 'basis ot plaintiffs cause of action the principal contention being that 'plaint ff's license is not affected by ihe law. The question then remain what was the effect of the statute and tire election held thereunder on plaintiff's license issued after the taw iwas. ipassed? That statute provides 'Tf a major ity ot the leeal votes cast at said election shall be in favor of'prohititing the sale of intoxicating liquor as- a beverage in such county it shall tnereatter be unlawful for said com misioners or any court to grant a license to any person for the sale of intoxicating liquors in said county and the Board of Commissioners thereafter shall have no powrer or jurisdiction to hear or consider at) plications for license to any person in such county until a majority of the legal voters shall vote against prohibiting the sale cf intox :cating liquors Alc, "If a major ity ot tne legal .votes cast at said election sjiall be in tavor of prohibit ing the sale of intoxicating liquors then after 90 days from the date of hol dti n er N such election) ALL LICENSES for the sale of intoxicating liquor LrW.-.viiu in said count after the passage of this act shall be null and void and the holder there:i shall be liable for any sale of liquorrs. made by him thereafter th same as if a license had 'NEVER ISSUED to him." Also, providing far a surrender of such license within 90 days from the date df stuch election and a return of a proportionate amount of the money paid Also, a provision that no license issued prior to tne passa-ge of this act shall be terminated by virtue of this act or any vote thereunder. The provisions of law in force pri or to the passage of th? local option law and now in farce in so far as they are material in this cause are as folloHvs: It shall Ibe unlawful for nny person to sell, barter or give awav ifor any purpose df gain any spinous, vinous or malt Iinuor wnhout first PROCURING FROM THE BOARD OF COMMISSION ERS of the countv in which such liquor is to be sold A LICENSE AS hereinafter provided." Providing for tiling an application piving notice etc and then provides "That the Board of County Commissioners at such term shall grant a license to such applicant upon giving: bonds to the Statp otf Indiana with at least two .freeholders sureties resident within the said countv to be approved bv the ccunty Auditor in the sum of two thousand dollars. "If the appiicant uesires to sell spirrtous, vinous and malt liquors he shall pay to the treas-. nrer ot the county $100 as a licens fee for one year before the license shall issue to him. "Also, upon the execution of he bond required the pres-entation of the crder of the board of Commitsoners granting him license and the county Treasurers receipt for one hundred dollars the county AudiVv s..iau issue a license to the applicant seating the name of the apnlicant nlaee of sale and the period of time tor -which such license is granted Also, "no license herein provided Oall 'He (JKA.NT ED for a greater or less time than one year. The statute -providintr that it shal le unlawful for said commissioners or any court to .grant a license (the word license meanin- the written permit or certificate) would indicate that t'ie legislature intended that the license was granted when all the pre:irmrary requirements had been com rdied with and the license issued bv the Auditor acting as the clerk o the commissioners and that the -words eir.mted and issued when ap plied to the certihcate or printed li cersc were synonymous. The countv Auditor bv virtue of 'n office is Oerie of the Board of CVr.mtv Cornell s.ioners. R. S. 100 cv'c. 'M.'.s. Jf the license is t be regarded as granted when iss-utd bv the County Auditor and not when the order was made by the Board of Commissioners and the bond approved by the Auditor then plaintiff's license would be void as having been granted aft a the massage of the act of November 20th, 190S. The case of Dudley vs. State 91 Ind. 312 held that in a case where the order was made granting the license and the f ond tiled March 5th, 1883 and t.ie required fee paid and license issued 'March 28th, 1883 'for the term of one ear from March 5th, 1883, That the holder oJ the license -was not protected from prosecu ion for a sa'i made on March 12, 1883 being a date between the date of the order gran;ng the license and the date of the issue of the license citing whh approval 78 Ind. 430. The 78 Ind. at 430 holds the same rule and cites 'with approval ' noting 'portions cf the opinions and I lelieve holding toe law to be as announced in the 33 Ind. 20f. 31 Ind. 24r. and an opinion by the Texas ct.turt in -which it is said "The order o1 the County Court to the Clerk thereof to issue a license does not of itself authorise the applicant to retail liotifrs but only authorizes 'w i-suanct of a license to d so af tenth e ai'plioaivt shall have complied with all the prerequisites of the law. In this cause the Clerk of the County Court ought to have made the license prospective. After the applicant had produced to the Clerk of the County Court the County Treasurer's receipt .for th-e amount of moniv paid by the applicant the license rught then TO HAVE BEEN GRANTED to take effect from that time and not from the time the conn, ty court acted Upon the application." The SiHpreme ' Court of .Missouri h-oldsi "the order is not the license and -when the license is obtained it lroks forward and not backward " The Clerk of the court vorv properly dated his license when it was issued. He referred to the previous order of thie County Court showing his au-tbn-ritv to issue the license not that the license was to -have operation and vitality so long before it was in Ceing" In Wiles vs State 33 Ind. 2m. the holding of the court is as Mlows: "The order of the County Board is- no the l:cense nor does it alone confer the poiwer to retail. It is but one of the preliminary steps in procuring the license.- Schlict vc. State 31 Iml. 240 the court savs in Reiser vs. State 78 430 435 "It is not in the power df the Countv Beard or the Auditor to grant a license extending back to a prior date so as to "c.tver offenses alrea-d" committed." Th-e litenise can onlv take effect from the it is iss'ied." Ap-areri:tl-holdinf that the license is gran-trd when issued bv the Auditor as- the license can only tAke effect

from the date it is issued and cannot

be granted for a greater or less time tham oaie year as provided by R. S. 1908 .section 8333. If it is to be held that the order of the Board of Com missioners is- the grant of the license then the Auditor should date the license as of the day the order was rnadei (which thie Supreme Court hodd-s can nüt be done, if the order s made on a day prior to the dav the license is issued.) Otherw-ise if the order of the Board granting the license precedes the issuing of -;ht license say two months it -would be granted for less than a ear, viz: ten months, as the 'Auditor can not grant the license and nieither can the Board for a greater or less time than one year and the Auditor can not date it back as of the date of the order by the Board. If the license was held to be granted when the order is made and the bond: approved and the Au ditor a.9 required would issue the license for one . year from the date when issued as he is required to do and the order granting the license pre ceded the issuance of the license say two month that would result in the license being granted for 14 months which the statute forbids. The cases above cited have recently been affirm ed hordmer that the license is onlv operative from the date when .issued overruling- the 93rd Indiana 396 'f'"i held the contrary doctrine 8 N. E. 6. It is held) by the Smrvreme Court that a license or permit issued in pursuance of a mere police regulation has none of the elements of a contract," and may be changed or revok ed at any time. That a license has nertJner the qualit.es of a contract not of property but merely forms a part of the linlernal revenues- of the state That a license is a lestrictive special tax imposed for the nuJblic good and may 'be annulled by the supreme legislative power of the state whenever the public 'welfare demands it 119 Ind. iSup. Ct. 494 120-4S3. When a number of statutes no matter when passed relate to the same thing or a general subject matter they are to be construed togetfh'er and a cn pan materia. State vs. Gerhart 145 Ind. 439. It is also a .rule of law "That in enacting .statutes the legislature wui De presumed to have acted with reference to the- construction given to former statutes couched in -substantially the same language and tha: they used the wtoffds in that sense. 140 Ind. 375-383. So in construing the "Local Option" staute we must construe it in connection with all othec statutes in force on the subject of licensing the sale of intoxicating liquors and the construction! given by the courts to the words used in such statutes. I believe the Supreme Court has construed the word granted 'when used in connection with DIQUOR LICENSES to, mean the issuance of the license Jby the Auditor acting as the clerk of the Board after all the preliminary sicps have been taken by th'e applicant and the fee paid. That the license was granted when the yermit was issued: and that the words rranted and issued were used interchangeably in the statute meaning practically the same. That the permit or license was granted when the ücertse was issued, which I thinU is strengthened by the language of Section 7 elf the acts of 19?8. "It shall thereafter be unlawful for said commissioners to. grant a license to anv -erson." A license is denned as "a UTOITTEN OR PRINTED CERTIFICATE of a legal permit or license to do anything that would be r.therwdse unlawful or forbidden." Standard dictionary. If the Board of Lomm:ssioniers grant the license which is the written or printed certificate issued by the 'Auditor, the Auditor when he issues the license -is acting as the agent or clerk of the Board when it is issued and the issuance of the written or printed certificate is the final act in granting the Ticense. Ropalge and Lawrence LawDie tfonary defines issuing a writ to be synonymous with .granting the w rit when used in a statute citing 19 Mend N. Y. 49. The Supreme Court of IMassachusetts in Commonwealth vs. Welch. 11 X. E. 423 holds that a license to keep and sell intoxicating liquors is an authority or permission and rts essential features is the granting of uch authority by the proper power." 'The authority granted' by the license arises upon issuing the written license and not upon the vote granting it or the completion of the instrument by the signatures of the mayor and city clerk." Under a statute providing that licenses for the sale of intoxicating - liquors may be granted by the mayor and alderman of the city? Also holding in Ccm nicnwealth vs. Conley 22 N. E. 909 "A LICENSE -GRANTED under Pub. .State, c 100 sec. 5 IS THE PAPER ISSUED TO THE. LICENSEE and not the vote under which the paper is issued, see 70 Atlantic Reporter 450. "as to the proviso in the statute that" no license issued prior tot the passage of the act shall be terminated by virtue of the act or any vote thereunder simply make? clear that it was the intention of the 'egrslatirre to protect all licenses where all the preliminary steps had been taken and the license granted. That is the written permit issue1 which is the time when the license (the written or printed permit) is "ranted, prior to the pas-sage of the "Local Option" law.. As is said by the 'Supreme Court of Indiana up to the tune the fee is paid and the license issued the applicant might change his mind and fail to take out the license 'With this view of the law I feel that the petitioner does notjiold a license granted prior to the taking effect of the "Local Option" law, but that the licence he holds was granted after said law was passed and falls within the provision of the law that all licenses for the sale of intoxicating liquors 'granted in said county aifter the passage cf the act shall be void and that the hoMer oif such void! license shall surrender the same within 90 days from the holding of such election and have ref tinkled to him an amount proportionate with the unexpired time for which the license fee shall hae been paid and that the complaint is tnsuftio'ent to warrant an injunction! on final hearing, in fact that the complaint show- that an in'mnction could not be granted on ifinal hearing and issued should be dissolved arftf the that the restraining order heretofore application fnr'a temporary iniunction denied to each o'f which rulings the plaintiff excepts. Harry Bernetha Judge. States Atty. H. L Unger and Adam E Wise appeared for the state, while Phipley was- represented by Attor r.eys H. A. Logan and Charles Kellisotr. Leave on Vacation. Messrs. Leotto Peterson and Rus 1 TonncT leave this evening for a two weeks trip through Denver, Col., and other western- cities. Mr. Peterson's position at the General Delivery wimTow of tlie Ipost office -will be filled' Iby Glen SeylVold o'f the Democrat, who in turn will 1e substituted by Raymond Metsker. NOTICE. The assessment roll of Washington street tbritk tpavement, and cement ctirlb can. te seen at the office df the City Treasurer, Frank VanGilder's grocery, JOHN 'M. OLDS, 29d6 City Clerk.

TAKE ADVANTAGE OF OUR

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Bargains in High-Class Suits,

f Jgi UIKiMa a

GREAT SPECIAL IN DUTCHESS TROUSERS All the newest pegtcp cuting trousers in wool crashes, worsteds and tt epical casslmcres, at S2. $2.50, $3. and up wards to S4.00 and $5 00. COOL UNDERWEAR FOR MEN AND BOYS. Big line Union Suits, in every style. Big line Porous Knit Underwear. Big line B. V. D. Underwear. We show everything in 2'piece gar ments.in full lengths. SWEATERS. Athletic and all at popular prices.

Bear in mind, whatever you want in men's, boys' children s goods, you find the best assortment and lowest prices always here. We are always looking to your interests, and will protect you in styles, prices and qualities" This is the store for everybody. Let's see you.

LAUEE'S

TÜ STOHI2 TIIA.T .tLH'AVS MAKES GOOD."

PLYMOUTH situ rdlsiy , 3iuly 3dL

LARGEST, OLDEST, AND RICHEST 300 WONDERFUL TRAINFD HORSES AND PONIES GATHERED FROM ALL PARTS OP THE 2 HERDS OF PERFORMING ELEPHANTS AND DROVES OF ASSYRIAN AND SIBERIAN CAMELS. j THREE GREAT EUROPEAN ACTS.

GRANDEST OF ALL STREET PROCESSIONS FREE.

Palmer House Changes Hands. The Palmer House at Culver, today, passed from the iropner-irship of Frank Larason of this city, to Jchn V. Walter, formerly of Philadelphia. Mr. Walter is a clean cui biuin man, csf a gentleman tyvc, one tliat bound to make jood, and the o'd Palmer Hoai.c sti'l deserves the patro-idge c: Plymouth people and their niends when it J,ake Maxinkackee. 'Old! Resident Returns. Chair les J. Hupp of Detroit, Midi., General Freight Agent wf the Michigan Central Railroad, spent the aftern;Am iix ;hvis city Thursday, vi sit ing relatives and old acquaintances. Mr. Hmpp the t-on-ini-law ol fhe lute J. B. Klfngtr, asid resided here a:bout 39 years ago, being at that time .miployexl by the Pennsylvania Railroa.d coimij).iny. Attend Protsman Funeral. The fuenral of :Mrs. George Protsman '4 Convoy, O., was held in this city Saturday afternoon. TUie friends from Convoy who returned to their home iMVinday, are Mr. and Mrs. Ohas. Protsman, Geo. Protsman, Mrs. V. F. Johosun, :Mr.s. A. Vincent, Mrs A. Vincent, anl Miss Gold'ie Vincent. Leave for Western Trip. Mrs. C. T. AlUn and Mis Bes.sie Bender left today for air extended triip through the West, and will attend the Seattle exposition.1 and will spenJ the summer at Denver, Los Angeles Cal., and other western cities. Notice of Closing. IWe the undersigned merchants and business men of Plymouth, will close mir respective places- of " business from noon (Monday July 5th, until Tuesday morning, July 6th L. J. South worth, George Vinall. F. M. McCrory, W. F. Suit, I. J. Seider, L. h. 'McGowan, F. H. Kuhn. F IM. A. 'Pesch, Oscar "Woodbury. Ball & Co., B. W. Bos-worth, Richter & Glas, Lauer & Son. OvermycT and Anderson ' M. Allman Frank VanGilder NOTICE OF ADMINISTRATION. No. iuoo. State f Indana, -Marshall County. . s r Notice is here1y given that the undersigned lias been appointed Administrator of the estate of Daniel Freelian late of Marshall county. Indiana, deceased Said estate is supposed to be solventLEOPOIiD M. LAUER, Administrator. Leopold "M. Lauer, Atty.

p. This is a clean-up of odds tsd ends one, two and itree cf certain styles- broken lots which are left from the selling end cf cur GREAT STOCK of Fine Suits that sold at $15X3, $18X3, $20X3, and $25X0 now closing at $10X3, $12.50, $14.50, and $16X3. When you consider that at regular prices', these values were the biggest in town, they are indeed bargains worth SNAPPING UP. All Styles, all SIZES, all SHADES in this line of Suits the products of America's foremost clothes makers and all the season's newest styles. All Styles in Straw Hats. We show every ccnceivsble brand, and all tho NEWEST SHAPES in Dret. STRAWS. The newest Sailors. The new Outing shape, the Optimo. Every thins from 25c upwards to $5.00. Don't overlook our special Shirt Vai' ues in famous Anchor and Marlborro brands, at 50c and fL00. Every known style in soft, pleated and collar attached Shirts. Our ntir Iiis of MEN'S OXFORDS now In full blast.

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GOOD CLOTHES STORE "OF COURSE."

EXHIBITION ' IN THE V0äl 600 MEN. WOMEN, CHILDREN AND ANIMALS MAKING AN UNCOMPARABLE DISPLAY. 10 FUNNY CLOTNS. THE MOST INIOYABLE AND AMUSING EXK3. mON EVER PRESENTED. '!) ONE TICKET ADMITS TO ALL. cd LIST OF ALLOWANCES made bv the Judge of the Ülarshall Circuit Coarrt, May Terra, 1009. l-VedtTick Myers- petit jury...$ 14.50 tAJbsolm Miller, petit jury.... 14.60 Emanuel Lovegreen, petit jury 14.70 Frank Pierce, petit jarry 14.40 Harry Porcher, petit Jury.... 10.40 Graham Rose, petit jury 3.20 John GraveTsonv petit jury.... 3.40 Charles Bope, petit jury 11.00 M T Louden, petit jury 13.30 George Varier, petit jury 13.20 D L Grossman petit jury... 12.80 Rudolph, Keller petit jury. .. 8.00 P. J. dlaaTi petit jury 4.00 Edgar Kamp, petit jury 12.00 D S Gtu, petit jury 4.00 George Protsman, petit jury.. 4.00 Francis SnyXler, petit jury.... 11.20 Thomas (WJiktaker, petit jury 11.20 W P Biddle, petit jury 4.00 Harrison Riddle, petit jury... 4.00 Martin A OiHey, grand jury,. 10.00 It S Airtz, .grand) jury 8.10 Irvin -Siibert, gTarai jury 9.00 Ora B Welborn, grand jury.. 8.70 C B Barthel, grand jury 8.10 George W Gam, grand jury. . 9.10 John. Lemler, grajid jury 3.00 Charles Thompson, 'bailiff. .'. . 8.00 Ornroud Swinehart, court rep 95.00 L M Lauer, pl judge 5.00 J C Whitesell, clrk per dm etc 79.75 Charles Urricft, jury com.... 3.00 William Conger, jury com.. 6.00 W F Ormond,f livery gr jry 3.00 E A VanCuren, jury meals.. 4.55 A M Gastil, jury meals 4.55 P J 'Haag, jury meals 4.55 A C North, probatiorf officer 11.25 Winona Ter Co 4.50 Lawyers Co-op er iPubl Co... 6.00 The Bobbs (Merrill Co 4.00 T H Flood Co 6.50 Jacob Foltz, court biff etc 62.00 Daniol Vurersv sihrff 122.00 Witness my hand and seal, this (seal) 29th. day of May, 1909. . Charles M. WaMceff. Auditor or Marsliall Co. NOTICE TO NON-RESIDENT. Probate Caus No. 1981. In the Marshall Circuit Court. Plymouth, Indiana, iSepterrtber Term 1909. Vansler S. Rice administrator of Es täte irf Frederick O. Rice deceased, va Vander S. Rice et al To William Jordan, Ellen Jordan, Jessie Elva Middlcton (formerly MarsJi and Robert (Middleton Jr. You are severally hereby notified that the above named petitioner as Administrator of the estate iforesaid, has filed in the Circuit Court of 'Macsball County. Indiana, a petition making you defendants thereto, and praying therein for an order and decree of said Court authoizing the sale of certain Real Estate belonging to the estate of siaid decedent, and in said petition described, to make assets for The payment of the debts and liabilities' o'f said estate and that said petition, tso filed and pending, is set 'for hearing ii said Circuit Court at the Court House in Plymouth.!, Indiana, on the 20th day olf Sept. 1909. Witness, the Clerk and Seal of said (seal) Court this 28th dy of June, l'f09. J. C. Whitesell. Cle-k. Charles Kellison, Atty for Petitioner c Will Address Soldiers. Rev. E. C. 'Warein-g -will deliver a lecture 'Sunday evening on Gettysburg to the G. (A. R. and Mil'.ia who expect to attend the service.