Rensselaer Democrat, Volume 1, Number 7, Rensselaer, Jasper County, 27 May 1898 — Page 5

Professionel Cards. ATTORNEYS. Hanley & Hunt. Law. Abstracts, Lottm and Real Estate. Bee iu Hollinjfnworth Buildiiur. Ist floor, rear of McCoy’s Bunk. t. Duvall, Attorney-at-Law. I business profession carefully and thorUlhly executed. Money to loan on almost »y terms. Real Estate bought and sold, elections and abstracts carefully promnded. First door east of P. O. upstairs. eo. K. Hollingsworth Arthur H. Hopkins lollingsworth & Hopkins, Attorneys at Law. F“Otfice second floor of Leopold’s Block, met Washington and Vanßensselaer sts. htctice in all the courts, purchase, sell and axe real estate. Attorneys for Rensselaer , L. AS. Association. attiesW. Douthit, LAWYER, ensselaer, Indiana. Wm. B. Austin, Lawyer and Investment Broker. Attorney For The kN. A. AC.Ry, and Reitaselaey W. L. A P. Co. -Jjgta.Offioeover Chicago Bargain Store. Rensselaer, Indiana. ChHcote & Dunn, Attorney s-at-Law. Lttend to ail business in ths profession with iroinptness and dispatch. Office in second itory of Makeever Block. RENSSELAER. IND, R. S.DWIGGINS. Counselor at Law. Rensselaer, Indiana. I have recovered iny health an<l hnve again entered upon the practice of the Inw. .Call midaeeme. Office in Mukee ver's Bunk Building.

BANKING. Alfred McCoy. Pres T. J. McCoy. Cash. A. R. Hopkins. Assistant Cashier. A. McCOY & CO’S BANK. RENSSELAER, IND. The Qklest Bank in Jasper County. ESTABLISHED IN 1854. Transacts a general banking business, buys note* and loaiM money on long or short time on personal or real estate security. Fair and liberal treatment is promised to all. Interest paid on time deposits. Foreign exchange bought and sold. A our patronage is solicited. Patrons having valuable papers may de|K>sit them for safe keeping.

Addison Parkinson. John M. Wasson. President. • Viee President. Emmet L. Hollingsworth, Cashier. Commercial State Bank. (North Side of Public Square. RENSSELAER, IND. The Only State Bank in Jasper Co. Directors: Addison PnrkDon. JamesT. Randle. John M. Wasson and Emmet L. Hollingsworth. This bunk is prepared to transact a general banking business. Interest allowed on time deposits. Money loaned and good notes bought at current rates of interest. A share of your patronage is solicited.

PHYSICIANS. I. B. Washburn. E. C- English Washburn & English. Physicians & Surgeons, Dr. Washburn will give special attention to . Diseases of the Nose, Throat nnd Chronic Diseases. Dr. English will givesi>ecial attention to Sur- . gery luall Departments, nnd general medi- | cine. Office over Ellis <S Murray’s TeleF phone 18. C. E. Powell, M. D. Physician anti Surgeon. / s Will be at office from 2 to 3 p. m. SuudavZ. Calls promptly attended. /. A Office over Commercial State Bank—Residence one block north of school house. , Office phone (Ml. Residence phone 81.

DENTIST. V, J. W. Horton, DENTAL SURGEON ReiiMselarr, Ind. Our methods suggFst pleasantness and witfafaetiou. We've the experience, know how ' and the facilities for the best work nt least eost. red daily. Office over Post-othee. H. L. BROWN, Dentist Office over F. B. Meyer's drug ■tore. J, F. Warren J. F. Irwin Warren & Irwin, f Real Estate, Abstracts, Collections. Farm Loans and Fire Insurance. Cflice in Odd Fellow's Block. RENSSELAER. INDIANA. Njeorge Goff. I Lunch, Cream, I Soda and IcesIkgent f&r Collins Ice Cream Co. - ; ■ent business conducted for moderate Feer. , ■Our Office is opposite U.S. Patent Office ■ ■and we can secure patent in less time than those ; ■remote from Washington. ’ i ■ Send model, drawing or photo., with descrip-! - ■tion. We advise, if patentable or sot, free of ■charge. Our fee not due till patent (a secured, ■a OaMoHLET “ How to Obtain Patents,” with 1 ■coit of sarnJ'in the U.S. and foreign countries J ■ssnf ires.' AddresS, IC.A.SNOW&CO. ■ Opp patent Office. Washington. O. C.

Judge Thompson’s Reply.

Editor of Democrat. As you printed last week simply what one half the lawyers on the Clerk’s roll in Benton county said on Saturday, February 19th, 1898, it may be proper to place briefly before your readers the whole proceeding as it then and pow appears to the Judge. On February 17th, 1898, a jury failed.to agree until after sunset and the Court simply allowed them ‘"two dollars per day while in actual attendance,” Sec. 1394. The Clerk two dollars “for each day the court is in actual session.” Sec. 7440. The sheriff two dollars “foreach actual day’s attendance.” 5ee.7457, and the jury bailiff one and a half dollars “per day.” Sec. 7457 treating the day as twenty-four hours. — This - action was demurred to as not “according to ancient j usage,” See Whereas 3, Item 2; 1 as it did not “follow the practice | and proceedure” of other judges, i Item 3, and was characterized as I “false andpersimoniouseconomy”J whereas 2, item 13. The legis- | lature of 1881 says: “Any officer .... who receives .... any re- I ward other than is allowed by j law shall be punished.’, Secs. ; 2018 and 6031, In 1870 the law makers said to the judge “No J I judge shall make any allowance' | exceps as provided by law. Sec. ! 6030. In 1883 fees by implication,! I construction, legal fiction or' I cumulation were forbi Ided. Sec. , 6032 A. to H. The court regards the constitution, the statutes ano ! the Appellate court decisions as a safer guide than the instructions of lawyers, “ancient usage’* or the practice of other circuit judges,, even though they had “ancient dignity and respect.” This court, as to gran-1 an i petit jurors will continue to makethe order for payment out of the county treasury at “two dollars per day while in actual attend-' ance, and five cents for each mile necessarily traveled” until the ' people instruct the general As- ‘ sembly and it instructs the judge to allow a greater salary to this 1 very “wholesome branch of the ’ court.” Sec. 7450. Especially while the judge is compelled to specify truly “the number of days served, the miles traveled ' and the sum due each.” Sec. .7449 and on failing to comply he 1 may be liable to a fine of one I thousand dollars. Sec. 7469. I Thus as it is a crime in both juror and to not require j “jurors, bailiffs aftd court officers ; to serve both day and night for I the per diem allowed by law,” ' where necessity compels, as on a j failure to agree. Lawyers should ' not even tacitly advise jurors to ! strike for higher wages, nor ' judges to act as law makers, or j rather law breakers, to please ! those whose salary may not be what a portion of the lawyers may deem adequate. In every jury trjab*one of the parties is in and the Legislature hits authorized a premptory chal/fenge of one Judge, one County ' and at least three jurors on each side. Sections 531, 1791, 412 and 1760. It must be* taken for granted, that no judge ought to ’ expect to be satisfactory to both j sides, in each case, and hence the statement that the exercise of that privelege by litigants is a | “misdemenor in office" by the Judge is a case of unreasonable xxxxxxxxopinion. We have now shown the case and proper value of whereas 3 Items 2 and 3 and , item 13 of whereas 2. On February 7, 1898, the trustee of the Old Oxford Bank, find- ‘ ing a matter of the earnings of the mmey deposited by hispredii ccssor with Heath & Co., and , their claim for office and vault rent unsettled in net results es- : fecting the proper remuneration j for services in said trust did not present the matter to the Judge iof the Circuit, who was familiar with the trust, to be adjusted “as such Judge might deem just and proper.” The same cause is still pending. Sec. 2682. Each part}- as stated in Whereas 1 item 3 deeming “that no man should be called upon to bow to the will of any other man evffti though I occupying judicial positions’’ and that they were “entitled to make the cause of action or defende in the mode and form counsel may select” as stated in Whereas 2 item 7 chose the form of a “civil case.” The earnings of the money was filed as a complaint, before a special judge, of the nature of which complaint the regular judge had no knowledge. The rents were plead as a set off. On February 17, 1898 a jury was demaned and empanelled. When the case was opened the Judge determined that he and not the jury, was the proper tribunal to judge of the facts. The Judge there upon assumed somewhat oi

“an autocratic position;” caused parties, counsel, and jurors to “bow to his will” as the exponent of the law; showed the jurors that they owed a “duty to the Court;” did control the action, by words acts, and conduct; impressed his views of the right of the matter; examined witnesses; expressed opinions as to the .cause; denied the independence of the Jury, or the equal judicial rank of partiesor their counsel in that case. The Court decided in the cause that Heath & Co. pay the Trust Three Hundred Dollars, which was done. This was a denial of Whereas 1 and its pith as expressed in item 3 “That no man should be called upon to bow to the will of of a Circuit Judge.’’ The Court’s action in that case was also counter to the other views centered in Whereas 2 Items 3, 7 and 11 in effect “That a trial jury owes to the Court, no duty,” that “parties may present their litigation in any form they please” and that “Lawyers are judicial officers of equal rank with the Judge.” The January term closed on February 19th no other trial intervening. The same matter published by you was sent to the Judge as the sense of one half of the attorneys listed as doing business in the Benton. Circuit Court. Sec. 966.

The Court replied as follows ‘ Grant Hall, Fowler, Indiana. The message of yourself and twelve brethren, of the Bar was received on yesterday and has been read. In the main its tone is respectful and will be carefully considered. The Judge-will try and preserve that honesty and want of favoritism which you so kindly commend. As to that portion of your communication that does not seem to breathe ‘'the respect due to x x x x the Judicial Officer’’ the Judge trusts that being angry with your friend, you’ve told * your wrath, and so t’will end. Holding above all things to integrity, in the matter of appearing at all times courteous, dignified, wise and perfect, the Judge will remain more advised than confident. He will continue to observe absolute neutrality, so far as practicable, in the administration of all duties devolving on him:

It is a Judges duty to simplify i and expedite business, diminish' costs and correct imperfections in practice as, far Its he can. The Statute as to extra allowances is prohibitive, Sec. 6030. Trusting that our mutual duties may be better preformed in the future, the Judge will hold no trace of enmity because of this petition. Very truly yours, Simon P. Thompson, Judge.”

In adjusting a matter before the Judge neither county nor parties i contribute. In a jury trial the , county pays the triers and their bailiff and a jury fee is taxed to litigants. Sec. 1394. The Grand Jury learned that other and a more general publication was had, of which the Judge i and some who signed had no notice towit:- by sending not only said in- ' structions but other proceedings to each member of the bar of Jasper and Newton counties, and to the newspapers that “the public might be apprised of their doings.’’ The ; Grand Jury decided that the addi-, tional publicity was “intended to bias—-and thwart the administra- i tion of Justice” and asked that the eleven who endorsed the additional j publication be cited for indirect contempt. Sec. 1322 and 1009. On May 4th the Court made the order and on May sth and 6th fined each from $2.00 to $25.00, two paid and nine appealed. It was’ for the unauthorized publicity that the said attorneys were diciplined. Their oath requires of lawyers the support of constitutions anil Saatutes, respect for the Judges candor in communications to him, that they never proceed from passion and use no deceit or collusion Sec's 967 and 972. The dicipline of those who attend the Circuit Court as litigants, counsel, witnesses, sheriff, clerk, bailiffs, or by-standers is sometimes a matter of self-defense to save the Judicial rights and life. The constitution grants the Judge this inherent power and noteven the the legislature can take it away: As a citizen he enjoys the same privileges and J immunities belonging to any other citizen who may be elected i as a Circuit Aricic 1 Sec T 23. Each Circuit Court “shall have full authority xxxxto punish by fine and imprisonment in any matter by which xxxx the due course of. justice is interrupted.” Sec. 1322. Personally the Judge .takes no pleasuJe in thinking that any one attending court in any capacity should need dicipline. The Court is however the representative of sovereign power and should be so regarded. It determines 'the pay of Lawyers in bringing actions for jMirtition, foreclosing liens, peti-

tions for ditches, unconditional contracts for fees, and for services on behalf of Court employees, like executor, administrators, guardians, TRUSTEES or commissioners. It admits persons to the privilege of practice, and if for good cause suspend such privilrge Sec. 962 and 973. Attorneys should obey and respect the Court reserving exceptions for review or appeal, and make no occasion for dicipline. It is the Judges duty to correct the errors of “ancient usage” to improve the proceedure of former Judges, not seek after “ancient dignity.” but keep pace with the modern improvements and progress in the judicial as well as other branches of the state government.

S. P. THOMPSON.

The City Council.

The council met in regular session Monday night. On petition the vehicle license ordinance was repealed, by a vote of- 5 to 1. The Front street improvement matter was up again. The committee reported that the property owners from Washington street north to Susan street had subscribed enough to pay their share for making the Macadam 25 feet wide and it was ordered that the improvement be made that width between those two points. From Susan street to Milroy street the required amount could not be raised and the improvement will bo but 16 feet. From Washington to Harrison street but SSO bad been raised by the property owners but the committee thought that the balance might be raised and continued the matter as to that part of the proposed improvment. The citv attorney was instructed to procure deeds to the city for the alley back of the south side business houses after which the alley will be bricked over. The proposed new street in the west part of the city running i north along the Robert Kepner j property was again referred back ;to the city commissioner and ’recommended that Kepner be allowed more damages thart had heretofore been assessed.*

The chief of the fire company ; reported 6 leaks in the water mains and 3 hydrants out of repair. These and all other defects discovered prior to June 20th are to be made good by the contractor. ' The Waterworks and Electric i light ordinance was deferred until the next meeting. Au ordinance was introduced defining the duties of the fire warden and prescribing penalties for those who refuse to obey the orders of that official. C. B. Steward was appointed as fire warden over J. C. Hodshire by a vote of 4 to 2.

Dr. S. C. Johnson was reappointed as city health officer. M. B. Alter was re-elected president of the council and will preside at all meetings when the mayor is absent. The bonds of the Secretary and Treasurer of Weston Cemetery was fixed at each. The street committee was empowered to accept an offer of a car load of hard lumber at sl6 per thousand feet. ' Waterworks committee was instructed to fiy a rate for a 10 horse power water motor for Donnelly Bros. The city attorney was instructed to prepare an ordinance requiring- property owners to keep Makeniseli ditch cleaned. Claims were allowed amounting to $147.93. The salaries for the ensuing year were fixed as follows: Mayor and Councilmen, $2 for each regular and special session. The two members of waterworks and electric lights committee, $25 per year additional. City Clerk $l5O per year, S4O for electric light and waterworks duplicates, $2 for each special session, and 10 cents per 100 words for recording ordinances, etc. Treasurer $75 per year. Marshal $45 per month. City Civil Engineer, H. L. Gamble, 30 cents per hour actually employed. City Attorney C. E. Mills, _s2 for each session ’and fees iu special cases, according to work involved. Waterworks Engineer, Chas. Chamberlain, SSO per month. Fire Chief $25 per year. Fire Warden $25 per year.

Carious But True.

The world treats all discoveries of truth in the same way. First, infinite objection is made; then all manner of impediments are mustered; then we tumble over each (other to announce our adherence.

14th ANNUAL COMMENCEMENT.

Of the Rensselaer High School. Occurred at the M. E. Church last j evening. The following program was rendered. Piano Solo—“Pasquinade,” Oottschalk’a...Bertha Nowels March Mildred Harris InvocationKeV. V. O. Fritts Vocal Duet--“ The Heroes Who Sank With the Maine’-Ida and Mabie Randal “The Influence of Ideals’-Lillie Nowels “Wordsworth”............Edith Shedd “An Imperial Divorce” Mary Bates Piano Solo —“Voise Briiiunte” Chopin, Mrs. Charles H, Porter. Symposium —The Golden Age—“Yesterday”Clifford Moody “Today” Bessie Moody “To-morrow Gail Wasson Vocal Solo —Selected-Mre. E. C. English “Shine, Sir”.......Bernice Warren ‘Mery Queen of Scots,” Recitation Nora Morgan “Builders” Ethel Perkins Instrumental Duet Nellie Moss and Marj’ Belle Purcupile “She Was Just Uut Out for That” Nell McCarthy “The Coys, Where are they,” Earle Mann , Presentation of Diplomas. Benedictionßev. Middleton The Virgie Items were received to late for publication this week. Rev. Middleton went to La Porte yesterday to conduct tie funeral of an old friend Mr. Houseman. Rev. A. E. Pierson of Union Township will deliver the me morial sermon at San Pierre next Sunday. Monticello won almost every thing in sight Wednesday at Field Day exercises at Remington. Frank Saylor of Rensselaer won the one mile bicycle race. Several seconds were won by our boys. The Daughters of Liberty held an entertainment Tuesday afternoon and evening at the residence of E. L. Hollingsworth and wife. Refreshments were served and the ot her features were music, charades 'and character acting. The proceeds went to the benefit of the flag fund

Another knockout has betjii given the cigarette fiends. Uncle Sam has positively refused to include in his army ranks the men who are addicted to the cigarette j habit. A cigarette fiend has ruined both his brains and his brawn. He will be but a puny match for the Spaniards, no matter how feeble a foe the latter may prove. At this crisis Uncle Sam needs clear headed, strong minded men, and the cigarette smoker falls lamentably short of both those requirements. A small boy who is a close observer gives the family history of papa’s pants as follows: When dad has worn his trousers out they pass to brother John, then mother ! trims them round about and WilI liam puts them on. When William’s legs too long have grown, ■ the trousers fails to hide ’em, so 1 Walter claims them for his own 'stows himself inside ’em. Next Sam’s fat legs they close invest, and when they won’t stretch tighter. they are turned and shortened, ' washed and pressed and fixed on | me—the writer. Ma works them i into rugs and caps when I have i burst the stitches. At doomsday |we shall see perhaps, the last of dad’s old breeches.—Ex.

The Place for Bicycles.

MontieeHo Journal. Bicycles are a convenient and fast mode of travel, are taken care of with little trouble and increase daily in their popularity. In their place they are all right, but when ridden on the sidewalks they are a nuisance and a menace to pedestrains. Now that the riding season has set in those cyclists who happen to strike a bad piece of street glance furtively about, then take to the sidewalk and scorch along, making those who are on foot give the way and totally disregard the fact that they have no more right than some one with a horse and buggy. Little of this is seen in the immediate center of town, but a few squares from the court house in almost any direction on the unimproved streets it can be witnessed hourly. Let the wheels be- banished from the sidewalks, even if stringent measures are required.

Graduating Exercises

The Graduation Exercises will be held as follows: — June 2, 1898. Fountain Park; Carpenter, Jordan, Marion and Milroy townships. June 4, Saylorville; Newton tp. Exercises at night. June 11. Valma Park; Barkley and Hanging Grove tp. June 18. Independence Chapel;' Gillam tp. Exercises at night. June 22, Wheatfield; Wheatfield Town and Wheatfield, Keener, Kankakee and Walker tj>s. June 25. Rose Bud Church; i Union tp. Exercises at night. , . Roll of Honor will be distributed' !at the above "exercises. Trustees ■ and Graduates are urged to com(plete their programmes, and send copy of same to this office at once. ’ Yours verv truly. Louis H. Hamilton; , Co. Supt.

Directory. r . COUNTY OFFICERS. Clerk.. ..Wm. H.CopveV Sheriff Nate J. Reed Auditor Henry B. Murray Treasurer Jesse C. Gwin Recorderßobert B. Porter SurveyorJohu E. Alter Coroner. TruittP. Wright Supt. Public Schools Louis H. Hamilton AseesserJohn R. Phillips COMMISSIONERS. Ist District Abraham Halleck 2nd District John Martindale3rd District Frederick Waymire Commissioner's court—First Mondays in March. June, September and Decemlter. CITY OFFICERS. Mayor Thomas J. McCoy Marshal Thomas McGowan Clerk Schuyler C. Irwin Treasurer..G. C. Starr Attorney,C. E. Mills Civil EngineerH. L. Grumble Fire Chief Edgar M. Parcels COUNCILMEN. Ist wardM. B. Alter. F. B. Meyers 2nd ward J. C. Porter, C. G. Spitler 3rd ward Wallace Robinson, J. R. Kight JUDICIAL. Circuit Judge Simon P. Thompson Prosecuting attorney Albert E. Chizum Terms of Court.—First Monday in January; Ttord in March; First Monday iu June; Third Monday iu October. COUNTY BOARD OF EDUCATION. TRUSTEES. TOWNSHIPS. Robert S. Drake Hanging Grove A. W. PrevoGillam John F. Pettit Walker Samuel R. Nicholsßarklej James D. Babcock Marion Marcus W. Reed Jordan Jackson Freeland Newton C. C. BiertnaKeener J. C. KaupkeKankakee Albert S. KeeneWheatfield John A. LambornCarpenter George W. CasterMilroy B. D. Comer Union TOWN OH CITY A. Beasley Remington M. F. Chileoteßensselaer Edward T. Bins VVheutfi -* Louis H. Hamilton, Qo. Suptßens ;t r

CORRESPONDENCE.

Parr Items. A short series of meetings conducted here by Bro. Meads and Bro. Tucker, closed this Wednesday night. Iva Alter sang a solo at church Tuesday evening. John McClanahan has moved in with his father. School closes at Rose Bud this week.

Blackford.

Corn plowing has commenced. Corn looks fine in this locality. Several horses in this locality have died this spring. Wm. Daniels recently lost a valuable pair. Crops look fine especially wheat and oats. The war fever has cooled down somewhat in this locality. America gained the victory at Brushwood the other evening. James Hurley denies knowing anything about that reported wedding. Lee, son of William Meyers is very sick. He is suffering from an attack of muscular rheumatism. Newton Jenkins was in Rensselaer Monday. He is limping around with the rheumatism since the recent rain. Jesse Jenkins has purchased a new riding cultivator. Chris Arnold is building a new residence. James Longstreatfi is doing the carpenter work.

Newton Township.

Farmers are delayed a few days with their corn on account of the rains. John Laue is our present supervisor. Mr. and Mrs. Frank Hopkins visited friends and relatives at Fair Oaks. Sunday. Miss Emma Lane is the happy possessor of a piece of the wrecked Maine. Mrs. Jos. Kodatt and two sons of Chicago are visiting with Mr* and Mrs. Jos. A. Lane. Katie Shields of Rensselaer visited with her brother H. O. Shields a few days last week. Miss Rosa A. Lane was shopping at Rensselaer last Saturday. Edward Lane took a trip to Surrey last Friday. Mrs. Julia Krasney returned home after a few weeks visit with friends at Chicago. Bessie Vestal visited with her mother Mrs. W. Vestal Sunday. Mr. and Mrs. James Lane and family visited with the latters mother Mrs. Guildenzof. Mr. O'Flannagan visited in this vicinity last Sunday. Mrs. John Stwan and Mrs. James Shindler of Washington are taking a long visit with their parents Mr. and Mrs. Bislosky of near Rensselaer. '

Marriage Licences.

) Oscar A. Hurley-, I Lusina E. Goble. ) James T. Randle, | Julia A. Enslen. ) Alfredda Phillips, I Mattie J. Robinson. \ Charles E. Clark, ) Sarah E. Blakemore,