Rensselaer Republican, Volume 26, Number 35, Rensselaer, Jasper County, 26 April 1894 — Page 5

The Rensselaer Republican PROFESSIONAL CARDSPHYSICIAHB. TTTT w. HARTSELL, M. D., * homeopathic arxd. Surgreon.* UKNBBKLAKB . INDIANA Chronic Diseases a Specialty Office East Washington Street. 8-Jan-84. Residence, Makeever House. TYR. I. B. WASHBURN, PHYSICIAN and SURGEON, Sped 1 attention given to the treatment of D.seases of the Eve, Ear, Nose and Throat and Disease o£ Women, Tests eyes tor glases, rp B. JONES, Physician and Surgeon. MEDARYVILLE - INDIANA. ' Calls prcmptly attended. Office one door east of Stieight’s store. Residence Thorson property. BAWAS F. J. Snaps, VAL. SKIB, J. F. HABDMAN, resident. Cashier. Ast Cashier CITIZENS’ STATE BANK Rensselaer Ind. capital. 5k 3 0,000. Surplus and undivided profits SBSOOO. Does a general hanking business. Interest, allowed on special deposits. This, te the only State Bank in Jasper County that is examined quarterly by Auditor of State, Your business solicited. Collections will receive prompt attention. A. McCoy. T. J. McCoy. &L. Hollingsworth. Ires. Vice’Pres. Cashier. A.WlcCoy&Co’s.Bank BKNSBELAKR, INDIANA. Does a general banking loaned for short time at current rates. _we nake a 'specialty of XjO-A-XTS, at the lowest rates and on most favorable terms. Bensselaer Bank, (Located in Nowels Building. H.O. HARRIS. E.T. HARRIS President. Vice President, J. C. HARRIS, Cashier. Money loaned in snms to suit borrower. Exchange bought and sold on all banking points Collection made and promptly remitted. Deposits received. Interests bearing certificates of deposits issued.

LA WYERS. W. MARSHAL!., A TTORNEY AT LAW, Practices io Jasper, Newton and adjoining counties. Especial attention given to settle ment ot Decedent’s Estates, Collections, Conveyances. Justices’ Oases, Etc. Etc. Etc, Office Over Chicago Bargain Store. Rensselaer, - - Indiana. Simon P. Thompson, ..vid J. Thompson A ttomoy at Law. notary Public. Thompson a bro., ATTORNEYS AT LAW Rensselaer, Ind. Practice in all tne courts. We pay particular attention to paying taxes, selling and leasing lands. M. L. SPITLER Collector and Abstractor F. CHILCOTE, ATTORNEY AT LAW, Rensselaer, Ind. Attends to all business in the profession with promptness and dispatch. Office in second story of the Makeover building. 'f.. : ' "■ William B. Avstin. abthub h. Hopkins GEO.. K. HOLLINGSWOBTH. AUSTIN & CO. ATTORNEYS AT LAW. Rensselaer - Ind. proffice second floor of Leopold’s Block, corner Washington and Van Rensselaer stree Practice in all the courts, and purchase, sell and lease real estate. Atty’s for L. N. A. & C. Rw. Co. B. 1. & 8. Association and Rensse laer Water, Light & Power Co. QHARLEB E. HILLEL ATTCRNET AT t.A.'W Rensselaer, Indiana. Pensions, Collections and Real Estate. Abstracts carefully prepared, Titles Examined 49* Farm Loans negotiated at lowest rates Office up stairs over Citizens Bank. JAMES W. DOUTHIT ATTORNEY AT LAW, Rxnbbblaxk, - imdiama. 49*0ffice in Rensselaer Bank. XV-48. MIBOELLANEOIIB. JAMES A. BURNHAM, u. s pensionTattorney and justice OF THE PEACE. Thoroughly equipped and abreast of the time. Expert in Pension matters. Office with County Treasurer, Court House. Sept. Ist, 1890. J. L. Helmick, Notary Pubic and Real Estate Agent Lands of all descriptions for sale or ease. WHEATFIELD, IND.

JOHN GRAVES, WHEATFIELD, INDIANA AUCTIONEER, Sales attended in any part of Jasper and adjoining counties, also JReal Estate Agent and Justice of the Peace. OoUaotions promptly attended to, Large ■dSffimuata of farms and town property tor sale. aMaaw ... Wnimn#,lw

lell the neighbors about our Great Inter-Ocean and New York Tribune Clubbing Otter.

NEWTON ITEMS.

I Ate oats fine, wheat looks well, pasture getting good. Miss Viola Lang is teaching a subscription school at Surrey. Walter Ponsler shipped A number of horses to the city last week. Miss Ella Livingston, from Crown Point, left Monday for home. Wallace Saylor, of this tp., has gone to Dakota. It is his intention to remain in that state if satisfactory to him. ( Our Hon. and most high and esteemed populist, Mrs. Lease, did not seem to attract much attention from this corner. _

Quite an accident befell one of our neighbors the other day. While out ploughing Mr. Shindler’s horses suddenly started on a 2.40 trip around the world, throwing the driver off of his feet and dragging him with them. In this form they cleared a wire fence and at last stopped in the barn yard. Mr. Shindler escaped with a stiff neck and several bad scratches.

REMINGTON ITEMS.

Thomas Wilcox is dangerously ill at his home four miles south of town. A little child of Mr. Burns was buried from the Catholic church Sunday at 1 p. m. Mrs. Thomas Babb, of Burlington, lowa, came Saturday for a visit to Mrs. Babb’s parents, Mr. Mrs. J. Green.

Mrs. Fannie Tedford is very sick at the home of her father J. O. B. McDougle. A physician from Goodlard has been called in consultation with the attending physician. Samuel Babb received a dispatch Thursday that his brother Joseph, of Cuyahoga Falls, Summit Co., Ohio, was dead. Mr. Joseph Babb was ten years younger than Mr. Samuel Babb of this place.

The “Remington Primaries” are preparing an entertainment and supper to be given at the close of the school. The proceeds to be devoted to the “library.” There is certainly a great need of books suitable for the lower grades and it is to be hoped, and we have no doubt it will be a success both socially and financially. A sixteen year old son of Mrs. Stevens, southwest of lieie, in Benton Co., accidentally shot himself while oiling his revolver. The charge entered the lower part of the abdomen and proceeding obliquely upward entered the throat. He only lived twenty four hours after the accident. His death occurred Thursday morning. The Inter Ocean or N. Y. Tribune a yesr and The Republican six months, all for One Dollar. For the Campaign.

Farms For Sale. Farms of all sizes for sale or exchange. Chas. H. Guild. 27-10 Medaryville, Ind. A. McCOY & COMPANY are now prepared to make farm loans at 61 to 7 per cent. depending on the amounts desired, and commissions as low as are quoted elsewhere. The usual privilege ot partial payments allowed. They would be glad to hear from parties desiring loans and all inquiries by mail will be cheerfully answered. 32-4tp. Ten different makes of Sewing ma chines, At Steward’s.

Dissolution of Partnership. To all whom it may concern. The partnership between John B. Saylors of Jasper county, and Wm. Streight, of Pulaski county, in the real estate business is dissolved. 31 61 William Streight. Tbirteen-stop, full walnut case or gan, $35. C. B. Steward. English Spavin Liniment removes an Hard, Soft or Calloused Lumps and Blemishes from horses, Blood Spavins, Curbs, Splints, Sweeney, Ring-bone, Stifles, Sprains, all Swollen Throats Cougs, etc. Save SSO bv use of one bottle. Warranted the most wonderful Alemish Cure ever known. Sold by B. F. Long & Co., Druggist, Rensselaer, Ind, Dec. 1. 94.

Live and Learn. It is estimated that theri are two million chickens hatched in the United States evei y year, but not more thin one half of these reach the size for mar ket. Cholera, Gapes. Pip, etc. kil mil ions ei ery year. All theee disease are quickly cured by the use of We Is’ Hoosier Poultry Powder. Price 25c. Sold by F. B. Meyer. Baby carnages all styles and prices at W illiams.

A LETTER FROM MR. GIFFORD.

Editor Republican.—l don’t think your comments 05 the recent decision of the circuit court in the Gifford Drainage District case are quite fair and neither do I think the decison is law. I refer to the article ‘•Gifford law knocked out.” I might say that I do not court newspaper notoriety, but this is a matter of public interest and the article in question would have been more properly headed “Jasper County knocked out” by the decision of the Cireuit Court. The public may be interested in learning th it the case has been appealed to the Supreme Court Both your comments and the decision of the court goes largely upon the theory that, first, the county suiveyor was by the law of ’92, clothed with the powers of a judge and consequently the law was unconstitutional. If this point is well taken, the same decision knocks out all the other drainage laws of the State of Indiana as he performs less judicial acts under the law of ’93 than he does under the prior laws. The second criticism which you make and the court makes, is because that I as an interested party, could not act as commissioner or contractor. You intimate, as well as the couit, that I let the contract to myself. This is simply false. It is true that I entered into an agreement with 133 people to do the work specified and to act as one ot the commissioners. It is also true that there were 44 people who did not sign this agreement and who were expected to pay a small amount of money to be determined by the court on the basis of the benefit that they received from the work. You say in your article that the court decided that it was illegal for me to give a bond in my individual capacity to myself in my official capacity. In reply to this statement would say I gave no bond at all, and no bond was necessary because the work was already perhaps half done and this was regarded as a better security than anj r bond could furnish, that such work would be completed. You and the court both say that the law is unconstitutional because there was no provision made for paying for land that was taken for the ditch. Why either you or the court could say so, no man on this earth can explain, except upon the theory that neither you nor the court read section 14 of the law.

Again, in this particular case there was no question arising touching such lands for the reason that all such lands had been purchased and the compensation agreed upon in the articles forming the corporation. This law was framed and rests upon this theory that if four men owning separate tracts of land which required a combined system of drainage. If three of them can agree upon the work they want done and what each shall pay, they may reduce such agreement to writing and if the county surveyor approves it they may form a drainage diatrict, notwithstanding the objections of the fourth.

They are required to name in that agreement a board of commissioners which shall serve until the first election. Of necessity in this case they would have to name two of their own number and are permitted to name three. At least they are not required to name a man for< commissioner who would not sign any agreement and refused to contribute anything to the work. They are permitted undter this law to agree that one man may do the work, and his share of the expenses and the share of each of the other two men may be settled by such agreement and the share of the fourth man may be assessed by the court’

It is true that Judge Willey has found this law unconstitutional. It does not follow that an agreement like the one above suggested is fraudlent by any means, but it might be void if it conflicted with any principle of the constitution. Upon this question the parties in interest including myself, are very anxious to take the decision to the Supreme Court. We do not believe that the law conflicted in any way with the constitution of the State of Indiana. We do not feel that the authorities cited upon our side of this question were properly considered by the Jasper County Circuit Judge, and we anxiously await the decision of the Supreme Court of the State of Indiana. Should Judge Wiley be sustained by the Supreme Court it leaves the State of Indiana practically without any drainage laws, and so far as it affects me personally, I wish to say that it affects me much less than it does the other people of the state. When I wish to purchase a piece of land because of its being cheap and yet good soil only lacking drainage to develop its value, I very much prefer to purchase all the lands affected by the construction of such drains and thereby avoid any clashing of interests, and in this particular case 95 per cent, of all questions have been settled by agreement. The other five per cent will be lost if the Supreme Court sustains Judge Wiley's views. It will be otherwise if the Supreme Court sustains the law. In any event the loss will be very much leas than the costa have been in either the Waukarusa or the

Iroquois River, and while this is so there is a very large item besides which should count the same as money, and that is that this work is about completed, while neither of the other two enterprises have accomplished anything in the way of work. I wish to add that notwithstanding the unfavorable criticism of the court or your paper, I have no great fears that my neighbors in Gillam, Walker or Barkley townships will ever accuse me with any fraud connected with these ditching operations. There are a few who may honestly think tha.t they should not contribute anything towards the construction of these ditches, in which opinion I disagree with them as well as the county surveyor, the county board and the 133 others who signed the agreement. We at all times have been willing to submit the question whether they should or should not contribute any« thing, to the decision of the county board, and is so, how much. If this constitutes a fraud we are all guilty. If it does not, then any imputation of fraud resting upon our action in this particular, falls to the ground. ~ In conclusion I wish to say that I believe the law of ’93 is not only constitutional but I believe it is the best drainage law that has yet been written, and I believe that it will be sustained by the Supn me Court and be approved by the people of the state of Indiana, and I hope notwithstanding Judge Wiley’s criticism and the able counsel representing this drainage district, that the public will yet thank me for my ifforts, not only in draining the Haddock marsh, but- in drawing the law of ’93. Respectfully submitted,

We give room to Mr. Gifford’s article although we hardly see the occasion for his writing it. What he calls The Republican’s comments on the decision were not comments at all, but simply a synopsis of the main points of the decision given as faithfully and impartially as we could, from notes we made, as judge Wiley delivered it m court. As to the question whether the decision is good law or not, we have never expressed an opinion, but we are now f ree to say that, after hearing Judge Wiley’s masterly summing up of the weak points of the law, and his citations of authorities and decisions bearing upon it, we shall be surprised if the Supreme Court does not sustain his decision.

OUR CAMPAIGN OFFER. The Republican for 6 months and the Inter Ocean for a year forsl. Offer only good till June Ist. A£Household Treasure. D. W. Fuller, of Canajoharie, New York, says that be always keeps Dr. King’s New Discovery in the house and his iamt'y has alwaps found the very best results fol'ow its use; that he would not be without it if procurable. G. A. Dykeman, druggisti Catskill, N. Y . soys that Dr. King’s New Discovery if undoubtedly the best cough remedy, that he has used it in his family for eight years, and it has never failed to do all that is claimed for it. Why not try a remedy so long triee and t est ed. Free Trial Bottle at F. B.Mey er’ Drug Store. Large bottles, 50c an 1 $1 Still Open. The Republican’s remarkable offer of three papers for $2 00 or two for $1.75 did not close with the year 1893, but it will not be open indefinately, as our contract with the Inter Ocean and Tribune is limited. Those who want these papers on these unusual terms should secure them now and get the benefit of them while they have time to read. Every farmer knows the 'oily of robbing i.is 1 nds o y tue and sirngth witbo 1 t restoring any bin . but tie same man may r< b h s nerve system of strength and vitality for years and then wonder way d sea e h-s fastened on him. T ’ all soch in thinki g spend thrifts of rerve ource Dr. Wheeler’s Nerve Vitalize co t.es as a fr e d to bui d up and revitalize the mpoveri hed nerves an i resto e hea th. Abu dant nerve force insu es perfect physical and m ntal h al h jand Dr, Whe> ler’s Nerve Vitalize strengthens and makes nei ve force. Sold by A. F. Long & Co.

G-LENG-ARY A full blood Clydesiale, and VANCOLAK, a full blood Percheron Norman stallion will make the season of 1894, at Hemphill’s barn, Rensselaer, Ind. To insure a living colt, $7.00. B. HARRIS, Owner.

SEASON OF 1894. «RALSTON > H Thoroughbred Trotting Stallion WilT make the season of 1894 RENSSELAER | SIO.OO to insure a standing colt. DR. ALTER, Owner. hy 10. C. BROWN, Keeper; LA GRAND. Black French Draft Stallion. Will make the season of 1894 at Rensselaer. $7 to insure standing coltC. 0. BROWN, Owner and Keeper. SHINE. Cleveland Bay Stallion. Will make the season of 1894 as follows: Mondays and Tuesdays at Mt. Ayr. Fridays and Saturdays at Rensselaer. $5 to insure sucking coltC. C. BROWN, Owner and Keeper.

B. J. GIFFORD.

N. Warner & Sonii The leading Hardware, Stoves, Tin- , 7J, ware and Farm Implement Men 4 \ in Jasper county. They handle . J' •‘ T Big Injin Sulky Plows ■7"' ■' ■ ■ / Z

Daisy Spring Tooth ; | HARROWS. if ■ * . . I =-~ r- ----- -L4—l-W ./f''' Bement Palace Stoves and Ranged Early Bird Cook, The very best all-ronnd kitchen sto VS sold in the county. ■ -T-- : - "in ■ i Austin, Tomlinson and Webster’s Fine Farm ———•~,,... . ' . - ALL KINDS OF Shelf and Builder’s | ■■■ . ill bee Benjamin’s Addition. Town ofßensselaer ai . ■ —.. ■- 1 , ■; —r ~ ~ *3 This is by far the most beautiful suburb ever laid out to the Town Rensselaer, High and dry; fine shade and a spring branch > | running through the center of plat. ‘ ? Just (lie Place to Make an Elegant Borne! —A number of lots already sold and more spoken for.—— *; , I ’ - ■ Prices Reasonable. of ße LOTS NOW WHILE YOU CAN HAVE YOUR CHOICE, jr Call on R P. BENJAMIN or CHAS. & MAGEE for prices mI terms. MG EE • 'W*|» . ————' - '