Bloomington Telephone, Volume 10, Number 52, Bloomington, Monroe County, 29 April 1887 — Page 4

BLeOMWTON TKLBrHONE.

FaWUhei Friday, witk Tuesday Extra.

EBTTOE AK1 rROFKUTTOK, W. S. BBADFUTIC.

TERMS:

One Year, Six Months, Three Months,

81

50 .75 .40

Advertising Collected each Month.

(MIES-PEDIGO.

THE RIGHTS OF MAJ. GRIMES.

ABLE PAVER FROM HON. J. H. LOUDEN.

said court, during the pendency of said appeal, and tie applied for a writ of mandate against the Judge, to compel him to recognize said Walls as an attorney of said court, for the reason that the appeal stay? further proceed iufls on the judgment of suspension. The Supreme Court says: uThe effect of the appeal and supersedeas is to stay the judgment of suspension as it is9 and prevent further nroceedirs against the peti-

Office over Collins A KarselPa. ; tioner. It doe not reverse, suspend

or aitperseue tne iorc oi iue jugroent. That remains in all respects the same. The judgment itself requires bo further execution than its own terms; it executes itself, except as to the collection of costs, which is stayed by the appeal and supersedeas. The only effect of an appeal to a Court of Errors, when perfected and while pendiag, is to stay execution upon tie judgment from which it is taken. An appeal from a judgment will not authorize or allow the party appealing to do any act which by the judgment he is forbidden to do." In the case of Grimes vs. Pedigo, by the force and effect of the judgment of the Orange Circuit Court, Feditgo is forbidden to hold the office of Auditor of Monroe County. The appeal will not authorize him

Kto do so.

In 94 Ind., 36, the Court says: "Whenever a maiter is adjudicated, and finally determined by a competent tribunal, it is considered as forever at rest. This is a principle upon which the repose of society materially depends, and it therefore prevails, with a vejr few exceptions, throughout the civilized world. It is a well established principle

J

i

To the Editor of the Tklkpuokk: Some of the friends of Mr. Pedigo teem to question the legal soundness of the short opinion I expressed, in i interview published in the Tklki'HOK a week or so ago, as to he right f Major Grimes to hold he office of Auditor pending an appeal to the Supreme Court. The editor of the Courier pronounces the opinion "obiter dieUr and then proceeds to issse his ''obiter dicta, in which he arrives at a very different conclusion. Voter", in a communication in the last issue of the Telephone, pirni his faith to the statute governing appeals in contested election casus, bat does not in form the public what his opinion is on the subject. Mr. Feluis is a very fine editor, and a good P. M. but" is not as profound a lawyer as Kent or Cooley, bat does very well for his side of a had case. Let us examine his argument a little. Speaking of Mr. Pedigo, he says: Bntforthe deeisipn or judgment of the Orange Circuit Court, he would undoubtedly take bis ofliee on the 1st day of November, 1887.? That is all very true with the exception of the word "his", and we will not atop to wrangle abont that. But the decision or judgment of the Orange Circuit Court is just exactly what rules Mr. Pedigo out, and Major Grimes in. Until the judgment was rendered, Pedigo was Auditorelect of Menroe County, but as soon as that judgment was rendered, Major Grimes, by virtue thereof, became and is the Auditor-elect of Monroe County. When the Orange Circuit Court i-endered its judgment in favor ef Major Grimes and

against Mr, Pedigo, adjudging and decreeing that Maior Gnoses vas

c

be successfully prosecuted for violating the law." tio in the case of Grimes vs. Pedigo, the judgment is self-executing; the entry of the judgment makes Major Grimes Auditor-elect of the county; he is entitled to the olliee without any proceeding on the judgment. There is no necessity for any process, all that can possibly be accomplished is affected by the judgment itself. Hence there is nothing upon which the stay of proceedings referred to in the statute can operate, except the costs of ike action. The decision in the Padg

ett case covers the whole questions' establishment.

necessity for any process; no wrongdoer to be ejected from an office." Hence there is no necessity for any proceedings on the judgment. The judgment makes Major Grimes Auditor-elect of the county, and of course the Auditor-elect takes the oflice. J. H. Loui:sf. Bloomington, Ind., April 35th. Col. VV. C. L. Taylor was in the city the first of the week among old friends. 'A new and handsome soda foun-

lin ornaments the Swindler A Co.

UNIVERSITY NEWSi By a Special Reporter. Who is I!. 15. fi. Sudbury? Dr. .Jonlo is away on a lecturing tour.

-Mitch SriiehU spent Tluusdav Indianapolis.

Heat Jkiaie dgen&y

fWlKY PUBLIC,

elisions.

T3

MNs tthpa is

visiting

tier brother

the

guest

of Dr.

that the judgment, of a Court of Record having jurisdiction of the cause and of the parties, is binding and conclusive upon parties and privies in every other court, until it is reynlar';; reversed by some court having jurisdiction for that purpose. Notwithstanding the proceeding ti &

mav rife erroneous, vet as oeiwcen

f f an annlieant for a license to sell

intoxicating liquors has a right, pending an appeal to the Supreme Court, to takeout his license, or in

case of refusal by tin; Auditor to i . i i it i

issue it, to go on with tne seinng oi the same as if he had license, think you that Major Grimes has not a right pending this appeal to disc h arg e the d u ties of Audi to r c f Monroe County? The judgment of the court declares that he is Auditor; that judgment is not reversed or annulled, but is standing in full force, and if it so remains until the

expiration of CapkAlexander's term, 'Major Grimes by virtue thereof,

takes the oflice. W ould Mr i'edigo present himself to be sworn in as Auditor, when the judgment and decree of the court declares he was not elected? He must first get the judgment reversed and then he can set up soue claim to the office by virtue of the commission he holds; but he can never du so until the judgment is reversed But "Voter" says these opinions'

of the Suoremo Court refer only to

the general statute regulating appeals, and has nothing to do with appeals in contested elections. Now if he had taken the time and trouble to have asked some lawyer about the matter, it Is likely he would have learned that an appeal to the Supreme Court, from a judgment in a contested election ease, has no

the" parties the judgment must stand J ni ore effect on the judgment than

until regularly vacated or reversed. An appeal to the Supreme Court does not affect the binding

eletftd Andttiilre Sabrfett 6fiT"wfl

all will admit, we suppose, that' the

judgment settled the case forever, unless it was appealed by Mr. Pedigo to the Supreme ' Court amd r versed. Now suppose Mr. Pedigo tiles a bond aw. appeals the case to the Supreme Court. Filing an ap- . peal bond, and appealing the case to the Supreme Court, does not net aside, vacate or render inoperative the judgment. In the appeal to the 8upreme Court, Pedigo is not asking to have the case re-tried, but he asks to have the judgment reversed. Does that sot mean that the judgment is still standing in full force, until it is reversed by the Supreme Court ? , It would be foolish to ask to have the judgment reversed, if the act of filing a bond and taking an appeal set aside and vacated it. Why would be want to reverse a judgment that was already set aside ana vacated? But what says the Supreme Court about the effect of appeals on judgments. In the 'case ef Nill vs. Compant, 16 ImL, 107, the Court says: '4 Against this ruling, it is insisted that the appeal having been perfected, the judgment appealed t rem became inoperative during the pendency of the appeal in the Supreme Court, and the matter determined in the action., in which the juegment was reversed, ceased to be reu adjudicate. This position is not, in our opinion, correct. Indeed the only effect of an appeal to a Court of Errors, when perfected, is o iday -execution upen the judgment, from which it is takes. In all other espee, the judgment, until annulled or reversed, stands binding

upon the parties, a: to every question directly decided." This decision affirmed, in 20 lnd., 92; 8$ Ind., 243; 4 J Ind., 363. In the case of Walls vs. Palmer, 04 lad , 403, the question of the effect of an appeal is again presented to the Supreme Court. Walls was an Utomey-atla w, and charges had been preferred against him and he had been by an order and judgment f the Boone Circuit Court suspendjsdfrom practice. He prayed an appeal from the judgment to the Supreme Comt and fiid a bond and perfected his appeal. The Judge of the Bo n$ Circuit Court refused to

permit said Walls to practice

force of a judgment until it ifr reversed." The case of Padgett vs. State, 93 Ind., 390, was a prosecution far selling liquor without license. Padgett applied to the Boar I of Commissioners for a license to sell intoxicating liquor; the Board refused the license and Padgett appealed to the Circuit Court, and succeeded in obtaining a judgment in

his favor. 1 be remonstrators ap

Walter Lindley and family are visiting Mrs. L.'s parent-. at Indianapolis, this week. William MiPen, of Wichita, Kanmas, is in the city visiting his parents, on north Washington street. John E. Lamb, t'le well known Democrat politician of Terre Haute, was here Wednesday, cr private business. W. B. Baker is at f udianarolis on business. With his family he expects to move to Wichita, Kansas, in a sl.ort time. Gen Manson writes the G. A. R. Pofct at this point that te can not accept the invitation to deliver ;he Decoration day address. Rev. John M. Stalker, of Redford, will preach at the Baptist church next Sunday morning and evening. AH are invited. Mrs. John Hunter is staying at the residence of M. C. Hunter during the absence of Mrs. Hunter, who is visiting her son George and wife, at Chicago. Moses Dunn was in the citv attending court this week. He has

filed suits for the persons injured in

and Miss Krye. Or. Wallace wa Iir;i nner while here

-Prof. Atvniter is holding the tort the.-e days a President. Stuck hind and entertained the ehes in sot ialLsm, Thursday. -The trustees have been transacting; business in Bloomington, lately. Prof. Thirl; read Milton's "Paradite Lost" to hi ehiss, Thursday night. Frank tterdiaiu was out, of college, Wi-duesday , on account of sickness. Mr. Kennedy, u 'orncll rttudmt, has !)n the ;i;utt of Dr. Brainier for aomc da;s. A photograph was taken a few days since, of thr old college building' and the Tennis club. J . V. Mitehell was called home, Tuesday by a telegram announcing the deat h of his itr. A ftV-htn party of students will o to kuts MiHssoon, rind nil Pari will act at ehuperone. Uutt'hinon left codecs yesterday morniua o; account of his eye Verily he ha a hard lime. Mr. Thompson v?s '.-ailed home.

j Tueda hy relram, on account of the

sickness of his brother. Stuckl ind. Sony and Ximbol are judges on gastronomy. They have lately gone to the Nation !. --The lecture next Sunday will be sfivfii by (jlennje W. Cooper. I. L K, of the elasaof 72: subject, "Charity". Profeors Campbell, Lewis, Coulter and Tockbarger, from Wat ish, attended Dr. Wallace's lecture on he 26th. -Summers photographed the university buildings, Tuesday. Quite ft number of t he IniKisome students will adorn

the pictures.

Town Property for saie ov rent. Will buy or sell Farms. Money Loaned. All kinds of Blank forms for Con eyanoes Deeds and Mortgage iVomptlv and Correctly written. Business Solicited: Call and eee me. No charge for Consultation, (1 11. WORttALL, Attorney. est side square over MeCalla'a. . G. Mc'Pheeiers, Jr.,

ews Dealer,

Stationer AND -- (JhlNERAL SUBSCRIPTION AGENT, Where you will find all the Lkadino B aily Papi;rs.

'Subscrintionii received lr

N

SEE THE NEW

CARPETS & CURTAINS

AT THE

filed a bond and perfected the ap

peal. Padgett paid the license fee, and applied fer the license which the Auditor refused to issue, for the reason that the remonstrators had appealed the case to the Supreme Court, Padgett then sold intoxicating liquor and prosecution wag commenced against him. Elliott, J., delivering the opinion of the Supreme Court, says; "The difficult question in this case is as to the ef feet of the appeal taken by the remonstraters from the judgment of the Circuit Court. A judgment is not changed or impaired by an appeal, it remains in full force. The statute, howevr,provides that 'when an appeal is taken during the term at which judgment is rendered, it shall operate as a stay of all further proceedings', and if the act of taking out a license is a proceeding on the judgment, then the appeal stayed the appellee from obtaining the license. We do not regard the issuing of the licence as a pro

ceeding on the judgment within i

tne meaning ot tne statute, une reison for this conclusion is that the judgment is self-executing. The entry of the judgment entitled the applicant to his license without any other proceedings on the judgment.

There is, indeed, no provision for enforcing obedience to the judgment by process, and none is needed, for the judgment enforces itself. There is no necessity for any process; there is no property to be seized by it; no wrong-doer to be ejected from an office, or from property, or any thing of that kind: all that can possibly be accomplished is affected by the judgment itself. So far as the court and its process, and powers are concerned, its whole duty is done and its whole power exercised when judgment is pronounced declaring the applicant to be a person entitled by law to a license. He reeds no proceeding on his judgment, and consequently there is nettling upon which the Hay secured by the atatule ca,i operate, except the costs of the action. v' An app4icant for a license, who has obtained a proper judgment declaring his right to a license, and has properly tendered the requisite fee and bond, cannot

an anneal irom a ludiiment in a ease

of an application for license to sell

uuuor. J here is no uinerence in !

the statutes, so far as the eftect of the appeal on the judgment appealed from. The general statute, ec. 38, R. S. 'SI, provides: "When an appeal is taken during the term at which the judgment is rendered, it shall operate as a stay of alt further proceeding on the judgment, upou an appeal bond being hied, Ac." The statute authorizing appeals in contested election cases, sec. 4,768, R. S. '8K provides: "In

aif trarernfnto tilted elections x'toeW

an appeal has been taken from the Board of County Commissioners,, to the Circuit Court, either party feeling aggrieved by the judgment of said court, may appeal therefrom to the Supreme Court, as in other civil canes. The appeal bond in such cases shall be in a penalty sufficient to secure any damage which mav accrue by a xtay

of proceedings upon the judgment,

Mi$ Kiuma Bain i called home

7U u, tuc AIIJ" i ,,r telegram. Tuesday. Her brother, C. the Guthrie wreck, against th rail- i," Raj, of the elass of ?85. tms been sick

road company. for some time ami U much worae.

The rnrn ar month I v mfmt.im. of ; 1 he "butch' met Just niirht at the

the W. C. T. U. will meet in Walnut St. Presbyterian church Monday evening, May 2nd, at Y:15 o'clock. A full attendance is desired. Albert liott h.is bee::i at Indianapolis, where he secured the services of a first class baker. It is hn in-

home of Mis Kffie l.enionds to practice singing German songs. There is quite an interest taken in th t Ha since started by Prof liurnett. -The Alfred Kussell Wallace leeture was? a nieces dnaneiaFy ami otherwise. The audienee was made up of students almost entirely, and many ot the people

tention to have especial charge of j cst English naturaiut living.

The Bacon clas will hare a chance to redeem it-elf. Saturday morning.

the store, and Mrs. Rett will devote much of her energies to the hotel. Joitph H. Kirby authorizes the Tjclei'hoxk to state that he is not a candidate for Citv Marshal, as has beta reported, but, on the contrary, will support the entire Republican ticket aed ask all his frieads to do the same.

The bolting feheme was a no iro, and

Prof. Clark will givo the last chance of an examination, Saturday, tatting through one consecutive mor ning, onlvlir. .Jordan gave a lecture on Agassi as a teacher, 10 the class in Pedagogics, Tuesday, tomc of the professors excused their classes to hear the lectut, and some of the students excused thempclven rather than to miss a lecture on

one of Agassiz' students.

Madam Lowry, from Ciacin- this gub'oeb. by'. nau, is now in bloomiuirton and.,

Will opeti dmsi making room at tiicf The funeral of Mrs. Amanda

National Hotel, whore ahe would be Markle, the mother of Mrs. Wm. F. glad to aee the ladies desiring any Browning, rill take place this, Friwork of that kind. Cutting and day afternoon, at 4 o'clock. On the fitting; by the D. W. Moody system, arrival of the train from the north

Thr citv election ift nxt TiieadaT. I tue wui uormoreu irom ui

It is the duty of every Republican J to vote.

NOTICE TO CONTRACTORS. Sealed bids will be received by

And whenever by reason of such apl the Common Council of the City of

peal, a party may be excluded from,! iioomingi,on, iimuuia, iu uie voun-

the oiface to which be may be enti

tled, pending such appeal, the prin

cipal and sureties in said bond shall

be liable thereon for the amount of the emoluments of the oflice to the

party deprived thereof.'1 This stat-;

oil Chamber, at their regular moor

ing, May ltrd Jt. for building a Fire Cistern on corner of 0th and Walnut streets.

Specifications for above improva

ble, and

depot to the public cemetery where the religious services will be cen ducted by the Rev, H. V. Givler. Taylor Vo&s and Garrison Heevos yre both candidates against the liepuhliean nominee :for Marshal. Which one is t withdraw in favor of the othr, day bofore election is t!ie puzzle? Lost, a pair of gold glasses. A reasonable reward will be given to the tinder , Leave at Tklepuoxk office, M, J. McCoy.

vmawi

NOTICE OV A DMINISTKA.T10N. NVjlick is hereby given, that the tm. tirsixtivji) Jiiiii be,!ii..aoutj ntt d bv

peals are taken in other civil cases t The Common Council reserve tiie oierk of the Circuit Court tf

Moime Lounty, State oi: Indiana, executors of idle estate of Eliza J. Henderson, late of Monroe County, deceased. Said estate is supposed to be solvent.

ute authorizes appeals "as in other iaenta are now on tiles and n he ftivil mm " To iind nni h.w ar,. :,?CM1 at tl)0 CitV Clerk's office.

reference must be had to th ffeneralt "ght to reject any and all bids.

statute. Again the statute author-1 Contractors will obserrfi the folizing appeal in contested election lowing resolution adopted by the cases provides that the appeal bond ( Common Council: I Resolved. That hereafter no bids

fcj 1111 k'lV V S V MfW . I tm V LA &MH V

accrue "6 a stay of proceeding l'1 be reived nnd acted upon by UDon the . iudement": the verv same b tbe Common Council, unless the

Uuguaee that is used in the general names f thn sureties who are to

statute, rroceedmga on the judg- I uient are stayed, when there in any- i thing to stay. That part of the !

statute autnonzing appeals m contested election cuses, thai refers to sureties on the appeal bond being liable for the amount of the emoluments of the office, has no application in this case. The statute says: "Whenever by reason of such appeal, a party may be excluded," fc That

has reference Hoielv to "a ease in

which theconteslee

sio of the office befor

of the Circuit Court

uapt. rjexauuer s term oi omce as;

Auditor had expired last December, Mr, Pedigo having a commission would hare been entitled to the oltice. Meing in jjobsession of the ottice? by virtue of his commission, when the judgment of the Orange Circuit Courtis rendered, an appeal from that judgment stays proceedings and he retains possession of the office. An appeal bond being filed, and proceevlings stayed, Major Grimes could not take step to oust him from the office. But in this

case, as the Supreme Court remarks

si?n tne Dona or tne amncant. m

CI A 4. case he is awarded the contract, are given in the bid. ttOBKRT C, (J UK l-VKS, Citv Clerk. April 20th, 18m7. 4-2 y

W. W. Hkhtu, 'fciitoni. April 18 1837. J.U. Louden, R. W. Mie Att'ya.

NOTICE OF CITY ELECTION. There will be a General Election held in the Citv of Bloomington, Indiana, on

Tuesday May Jrd, fSS,

McPHKETERS HARDWARE CO. btili keep the froiit rank, in keeping every department filled with goods of the best brands aud ma nil factories. Our large stock of Wallpapei and W i n d o w S h ad e s h a ve co m men ced coming in. Our stock of plows is larger, remember wo are agent for the Oliver Chill and Steel Plow, the

goes into posses-1 the purpose of electing :he iol-: best in ihv WOrld. Our stock of ore t he judgment p'il,g",Cf-rs fJ " fc.W4;,.lt j wagons and bnurgios have arrived , is rendered. If n,? J4a?0.r 1 Our General Stock of bnt!derMIirt3

any Paper oi Magazine at publw&i

on lowest pr'ies W- J. ML&n, jgCT DKAL1S1 JN rjflKflf HARDWARE, Stoves, Tinware, Doors, Sfl.sh, Agri. cultural Implementhi. A;entfor Buckeye Hinders, Reapers, and Mowers. A lo manufacturer of Vajn Slyket Pate n t vstponitor . South Side the Simre. HLOOMINGTON, IND. if..ooo ltTTvAT That is the average amcunt paici by he Travelers' Insurance Company, of Hartford, Conn., for lows, They pay for amass of aocidents ot such mage i tude and var tety thai almost confound belief; accident that have involved every part of tho human body from scalp to toeet; that have occurred through every in&tro-. mentality, animate or inanimate, from babies to oxen, from tacks to hydraulic presses, from tea kettles to locomotives, in every department of life, at home and abroad, at work and ft play, anleep and awake, walking and riding, in ono's ccupatioB and out of it. Art accident policy in the Travelers' is a first rate thing to have, anrt there are veiy few who can not aiford to hare one. No medical, examination iieeet$sary Call at our office and make application. RO&!UH & WOOXUSY, lUooinineon Ind

NOTICE OF SALE OF REAL ESTATE.

Notick is hi;kisy GiVKs, That Chavlea Junkin, Administrator of the estate of MaryCathcart, deceased, will offer a; public auction, x die highest bidder, on Saturday, the 28th clay of May, 1887, tho following Ral Ett&t. to-wit; Part of outlot number (;io) thirteen iu the City of Bloomington, Monroe ccunty, lifc diana, and b unded as follows, vie: Beginning . 26(5) two hundred and niacty-Hix feet west of tho Northeast Corner of said out lot No. (IS) thirteen, running thence west (45) forty five feet thonoe noutb (144) one hundred and forty-four feet, thence east (45) forty-five feet, then north (144) one hundred and forty four fett to the plaiito of beginning. Terms of Sals are as follows, to-wit: One-thtrd eash in hand, onethird in six mouths and balance in nine months from clay of sale, purchaser giving notes for residue with good freehold security, bearing 8 per cent, from date till paid and attorneys' fees. Charlish JuNKiKH, Administrator; Louden A Kow, Attys.

Bee

Hive

LOOK AT THK -RKMN ANT COUNTE R AT THE BEB HIVE.

in the Padgett case, "There it .10

SEE THE EMBROIDERED

KM) GLOVES,

SILK GLOVES AND MITTS

the Bee Uivo

One Marshal.

One Treasurer. One Clerk. One Assessor. One Councilman for 1st Ward. One Councilman for 2nd Ward, One Councilman for Jrd Ward. First Ward will vote at Hranock's shop. Second Ward will vote at County Library room, in Court House yard. Third Ward will vote at Clark's shop. UoiiERT C. GUKKVKS, Clerk. April 20th, 1887.

Dress Goods,

S I L !( S

AND WHITE GOODS AT THE BSE HIVE

ware is complete. We have a large stock of CoekStoves and Ranges. We a re a ge n t f o r tl 1 1 Ear I y Dreakfast, the best stove on record. Oue stock of tinware is large and of the best quality of tin. We keep constantly a full force of workmen in

' our shop, and are prepared to do tin

roonng. siatmsr, ail kina oi i-igr,t or lleav y Iron work. (Jet our prices befor 3 you buy or contract your work a we can saw you money. All goods and work fully guaranteed to give satisfaction. Three doors east of First National Hank, Hloomingtou, Ind. THE LARGEST AND FINEST LINE OF Ladies' &nd Children' Shoes and Slippers in the City: AT THE BEE HIVE.

PlHJLlfJ SALE

''Oir-iMV farm,4 th miles north-

east of iUoomiittor , I will offer at .Public Sale on Wednesday, May 4th, 1S87, the following personal property, to-wit: 1 Thrashing ilachinc and Horse-Power, T Farm Wagon, 1 Log Wagon, Sets of Farm Harness, 1 Set of Single Harness, 1 Single Buggy, Farming Utensils,Yoang Cattle, Carpenter Toole, and various other articles. Tkums ok Sai.k. Al! sum? of 5. and under, cash in banc; ovqr a credit of six months will bo given, purchaser giving note with ap proved security. S;:.Je to begin at 10 o'clock a. m. Johk A. Kisskll.

Tlie 3Place

TO BUT

SATEENS:

AT THE HUH HIVE.