Weekly Republican, Volume 57, Number 26, Plymouth, Marshall County, 29 June 1911 — Page 1

LY

i 1 1 1 1 ; ii il VOLUME 57 PLYMOüx."" INDIANA. THURSDAY JUNE 29 1911 N UM Ii EK 26

' x t

DJUiTHÖilSf EISE

Appellate Court Grants Rehearing of Ness Attorneys, Reversing Tliicr Former Decision in Part and Affirming it i in Part.

The Appellate court has again rendered an opinion in the noted Marshall county' courthouse case, this time granting the rehearing asked for by attorneys Logan and Lauer for Ness This is the second rehearing this court has granted. The first was in favor of O 'Keef e, and reversed in ehipf their first. decision in the case, which was in favor of Ness. J The gist of the decision banded! down yesterday as reported by the Indianapolis Star is as follows: "(1) Same holding as to affidavit for bid. (2) The decorating con-i tract was vitiated by the adding of the words 'this bid is conditioned on being awarded all the work." (4) "The plumbing and lightin? contracts were vitiated by the addition of the words "This bid is conditioned on being awarded all -the work.' (5) The commissioners having at an after meeting and before the letting of the eonract, decided to use the eld boiler, of which fact all the bidders had, been informed, it was not a hange of'the bid to vitiate it, by. inserting the provision for the use of the old boiler. The first holding evidently intends to sustain the former holdings as to the non-colluson affidavit wherein it was held that the affidavit required by the new Jaw in effect at the time was the necessary affidavit. This part of the holding is favorable to Mr. 0 'Keef e contention. The second point decided above is as to" the fancy decorating of the court room, and is in line with the holding of both Judge Parker and Judge Lairy and is to the effect that any contract for that work was invalid TLe third holding above on the general contract strikes the root of the whole case by sustaining the contention that has always been made by Ness' attorneys, that the contract was void by reason of alterations in the prescribed form of bid, wherein Mr. O'Keefe aded the words, "this bid is conditioned on "being awarded alhthe work." The fourth holding is to the same effect as the third but has reference to the plumbing and lighting branches of the contract and turns on the same super-added words. The fifth pcint decided is of little consequence, the court 6n?tain:ng the position of the commissioners that they had a right to use the old boiler provided all bidders had notice of their intention to do so. "While we have not the full opinion of the court, it would appear from the abstract that the onlv portion of the contract left to Mr. Ö -Keefe is the heating of the buildin? " J If the decision as above quoted stands ihe case will net be)retried fls tl Appellate Court sends it back with instructions for entering the decree which, points out a way for & speedy and final disposition of the This case has bad a remarkable run in the courts, having origionally T)en decided by Special Judge Samuel Parker, practically in line with the decision above quoted. Next having been tried by Special Judge Lairy, who changed the Parker decision except as to the interior decoration of the court room; next having been decided by the Appellate Court in April 1910, practically reversing Judge Lairy in every particular;, next the same court, on , a petition for rehearing by 0Keefe, ' reversing itself, and with a small exception sustaining the Lain decision ; and finally on June 21, 1911 the Appellate Court, constituted by an entire new set of judges reversing its Izzt decision and making the decision above quoted. This decision was handed doTTn by Jco Pelt and is concurred in by all la of that court except Zzi Lairy vrho did not p-rtidp-ta. rctzir-i'-b tbirT ia cc--?ction Ch czzi b.lb:t Jcj3.Lcry

now of the Appellate Court, is the same Judge Lairy above mentioned he at 'that time being a practicing lawyer at Logansport, and if the present decision stands, it will require him, as special judge, to render up a decree contraiy to his own former decision in the case.

BIRTHS BIRTHS A 12 1-2 pound boy was born Saturday, June 24, to Mr. and Mrs. Dan Harris of east Adams street. "You're a Crank." I have a friend living in Plymouth with whom I have been in uninterrupted friendly relations for twenty years. On some lines of thought and opinions which according to my belief are highly essential and vital, we are as widely different and separate as the poles. We cannot agree in politics and religion. I am quite sure 1 shall never win him over to my way of thinking and equally sure that I shall never adopt his views. We have discussed these differences over and over again, but our sweet kinship of spirit has never been ruffled or disturbed. Any one who advocates any special line of reform, with unusual ardor, that is not considered practical, or out of the order of the nature of things, he is quite ready to apply the approbrious epithet "He is a crank." My friend does not occupy an over pretentious residence, but it is a model for neatness and order inside and out. The buildings on his premises are always kept well painted and in repair. His lawns are smoothly mowed, and no four growth can be found thereon. His garden has a luxurious showing without a weed. No garbage, litter, trash, foul smelling odor or unsightly appearance can be found in front yard, back yard, cellar, street or alley. He is an enthusiast for fresh air. Flies stay away from his premises. I say to him you are a crank on these things. Can't you see that you are out of the order of the nature of things? Is it not practical to have litter, trash, dirt, manure, flies, garbage and consequent flies in and around one's premises? Have not people lived that way for years? Is it not perfectly natural for grass and weeds to grow tall? Surely "you are a crank." Notwithstanding all this, I fully adopt my friend's ideals. As a health officer, I would that every householder of the city of Plymouth would not only adopt these ideals and cranky notions of my friend, but put them in daily practice. This is my ambition for Plymouth. J. S. MARTIN, Health Officer. Barber Freed-Hocker. John Freed and Miss Hazel Hocker were married at the home of the bride Sat. evening June 24. Born to Mr. and Mrs. Guy Ross a boy Friday, June 23. Ethel Wilson is not improving as her many friends would have her. Joseph Mullet has returned from Coshocton, Ohio, where he has been visiting his father. There will be an ice-cream social at the home of Mr. and Mrs. Arthur Sheaks next Sat. evening, July 1. K. of P. Elect Oficers. The following officers were elected by K. of P. for the ensuing term: Walter H. Lindquist---C. C. Harry L. Unger---V. C. Edward Hollingshead---Prelate. William Gast---M. at Arms. J. M. Steele---M. of W. H. H. Weidner---Inner Guard. Harry Wallace---Outer Guard. G. G. Love---Representative Grand Lodge. Goo. Kleinschmidt---Alternate. to Installation will be held next Mon-

day night.

DEATHS

Henry Ebert. Henry Ebert died at his home Thursday afternoon. The funeral will be held Sunday afternoon at 2:30 at the Lutheran church. Mrs. Manuwell. Mrs. Manuwell died at her home five miles northeast of Plymouth Tuesday at 5 p. m. The funeral was held Thursday morning and interment took place in Nighart cemetery. C. R. Leonard had charge of the funeral. Mrs. Margaret Wolfe. Mrs. Margaret Meyers Wolfe of Donaldson died at her home Saturday morning. Mrs. Wolfe was a widow and had lived in that part of the country for many years. She was nearly eighty-five years old and leaves a grown family. The funeral was held Monday at the Dunkard church at 3 p. m. Dora M. Wilson. Miss Dora M. Wilson died Wednesday morning at 7 o'clock at the home of her sister, Mrs. Dr. Loring. She was twenty-seven years of age on the 11th of April last. Miss Wilson had been ill for several months. She had lived with the Dr. Loring family for some time past. The funeral arrangements have not yet been made. Wm. Blakely Morris. Wm. Blakely Morris died at his home southwest of Argos at four p. m. Thursday at an advanced age. He leaves a grown family consisting of two sons and two daughters. He was well known throughout this county, particularly in Green township where he lived. The funeral will be held at Gilead church Saturday at two p. m. Interment in the church cemetery. Henry Ebert. Henry Ebert, aged sixty-two years, died at his home on west Laporte street in this city Thursday at 4:30 p. m. He leaves a wife and grown family consisting of three sons, all of Plymouth---Carl, Adam and August, and two daughters---Mrs. Christopher Gimbel of Mansfield, Ohio, and Mrs. Katharine Lackey of this city. The funeral will be held Sunday, June 25 at 2:30 p. m. at the Lutheran Church. Burial at Oak Hill cemetery. Mike Mahoney. Mike Mahoney was perhaps fatally injured at Hamlet Saturday evening about six o'clock. He was sitting under a freight car to get out of the rain, when an engine bunted the car and he did not get out from under it quickly enough. The wheels caught his left thigh and crushed it. He was taken on a special train to a Ft. Wayne hospital but it was thought he could not live. Mr. Mahoney has a brother in Chicago but no other near relatives. . He worked on a farm near Hamlet. Celebrate Golden Wedding. A celebration worthy of mention, held Sunday June 26, was the observance of the fiftieth or golden wedding aniversary of Mr. and Mrs. Wm. P. Holland of Lapaz. Mr. and Mrs. Holland came to Indiana from Bluffton, Ohio in 1867 and have lived in Marshall County since that time. Mr. Holland is 75 years old and still hale and hearty, while Mrs. Holland is approaching seventy. They have raised a family of ten children all of whom were present except Frank of Bisbee North Dakota and Bert of Wenatchee Wash. Thir-ty-two grandchildren and one great grandchild were also present. A good old-fashioned picnic dinner was served and all voted a most enjoyable time while many beautiful as well as valuable presents were received. Besides the family those present were Mr. Frank Thomas and family, Mrs. Susan Thomas, Mr. and Mrs. Wm Murphy, Mr. Chas Holland and family, Mr ard Mrs. Eli Stoup. Miss Chloe Bessler. Those from, a distance were: Mr. Apstin Holland of Chicago a brother; Mr. and Mrs. Wilson Clifford, Mr. and Mrs. Earl Russell and son and Mrs. Elmer Cook of Kewanna; Mr. Frank Hoover and family of River Park; Mrs. C. W. Bishop and family of Chicago, and Mr. and Mrs. G. S. Sisk of South Bend, making a total of ninety guests. Mr. and Mrs. W. F. Ferguson and three children are here for a visit with Mr. Ferguson's father, Albert Ferguson, who lives south of the city.

... '

Attorney L M. Lauer Elected a Member of the Plymouth School Board. MARRIAGES Flanegan--McVay. Miss Mary McVay of Plymouth, and Henry Flanegan of Chicago were quietly married this morning at 8 o'clock at the Catholic church. Only the relatives were present. The couple will go to Chicago to live as Mr. Flanegan is employed there. Married in Courthouse. Alger J. Norris of Mishawaka, to Mary E. Enigh, of Burr Oak. Married Monday, June 26 in Clerk's Office by Justice D. L. McKesson, Mr. Norris is engaged in the transfer business in Mishawaka and the couple will probably reside there. Strawderman--Gettinger. Mr. Chauncey A. Strawderman and Miss Fluella A. Gettinger were united in marriage at Eau Claire, Wis., June 26 at 6 p. m. The ceremony was performed by Rev. A. F. Leonard pastor of the congregational church. The groom is the son of Mr. and Mrs. Peter Strawderman living six miles northeast of Plymouth, a family among the most prosperous and well to do farmers of Marshall county. The bride is the daughter of Mr. and Mrs. Charles Gettinger of New Auburn, Wis. a young lady of culture and refinement having for a number of years been one of the most successful public school teachers of Barron County, Wis. They received many beautiful and costly wedding presents. The newly married couple arrived on the early train Tuesday morning. The groom is an excellent and well known young man and with his bride will reside with his parents where they will receive the hearty congratulations of many friends and acquaintances. Marriage Licerse. John W. Stoup to Nora Stickler, of Lapaz. James M. Eskridge to Lydia S. Smith of Culver. Marriage Licenses. John C. Freed, age twenty-one to Hazel V. Hocker. age nine-teen, both of Marshall County. Albert L. Dudclesson to Tressie Hawk, both aged 21, and of Marshall County. Marriage Licenses. Henry T. Flanagan of Chicago to Mae E. McVay, of Plymouth. Married this morning at the Catholic church. Clyde E. Myers, a tailor of Syracuse, Ind., to Luella Grise of Bremen. A peculiar fact in connection with this license is that both of the young people are deaf and dumb. West Union. Mr. Zehner lost a valuable horse last week. C. Heebert got a bad fall last Friday while unloading a load of hay. The trip rope broke and he was thrown on the edge of a wagon bed which stood near. Fortunately, he escaped with a slight injury. Mr. and Mrs. C. Welch of near Tyner, visited friends in this vicinity Sunday. Dr. and Mrs. Myers of Plymouth called on the latter's parents last week. William Ferguson and family of Adrian, Mich., are visiting his parents this week. Mr. and Mrs. Harball visited near Koontz Lake Monday. Mesdames A. Justice, J. Snope, C. H. Coleman and Miss Mary Waldorf of Terra Haute, who are camping at Lake Maxinkuckee were in the city Tuesday and called on Mrs. George Vinall.

OBITUARY

OBITUARY. Mary E. Manuwal, daughter of Solomon and Elizabeth Mummy was born near Merysville, Union County, Ohio, Juae 8, 1846 and died June 20 1911, aged 68 years and 12 days. After coming to Indiana she formed the acquaintance of Adam Manuwal with whom she was united in marriage on November 4, 1869 by Rev. Welch. To this union there was born four children, one son and three daughters. On April 10, 1889 her husband died leaving the care of the family to her. Under her care and management the children grew to manhood and womanhood, except one daughter, Lizzie, who after an illness of four years, passed from this life March 19, 1902. After this death she broke up the home and spent the remainder of her life with the other three children, Caries M., Ida Zimmerman, and Ella Barts. She was a kind and loving mother, ever ready to do anything to help the children as she went from one to the other for a home. Since the death of Lizzie in 1902, she had been in declining health and for the last few years had been quite feeble, yet through all this long siege of sickness, she kept a strong spirit with hopes of recovery some time. These hopes were blighted but her spirit still clung to her blessed Savior Jesus Christ whom she had bright hopes of meeting when He comes to call his chosen children and receive her reward for a life of earnest christian devotion. She leaves three children, eight grandchildren, three brothers, two sisters and a large circle of friends and acquaintances to mourn her departure. The funeral services which were very largely attended, were held at the St. John Reformed church Thursday afternoon June 23, conducted by Rev. J. C. Smith with interment in the Nyhart cemetery. Obituary. Miss Alta N. Berlin was born November 19th, 1887 at Farmer City, Illinois and departed this life June 20th, 1911 at her home in Chicago, Illinois, making her age 23 years, 7 months and 1 day old at the time of her death. She was the daughter of Julius C. and Jennie Berlin and the grand-daughter of Mr. and Mrs. Thomas M. Berlin who reside one mile north of Rutland, Indiana, at whose home she spent her childhood days. Although a cripple from birth, she bore her affliction with christian fortitude and was of a most, sweet, lovable disposition. Her companionship was even when a child, a rare pleasure because of her bright intellect. She was a graduate of the Tilton High School of Chicago, of the class of 1904. While on a visit to the home of her grand-parents in the Spring of 1905, she became a member of the Rutland Evangelical Church during the pastorate of Rev. McConey and retained her membership in this Church Militant until she was changed to the Church Triumphant. She was also very fond of attending Sunday School taking an active part as a scholar. Her good life traits might be illustrated by giving one incident. While staying at the home of her grandparents as a mere tot, she had been placed in the adjoining room for her nights rest by her grand-mother, but before the latter retired she went to see if the child was comfortable, the room be ing quite cold, and found her on her little knees by her couch busily engaged in earnest prayer. Her remains were taken to Hibbard on the 1:15 p.m. train Thursday,

June 22nd., 1911 and conveyed to clusively was devised by City Attor-

the home of her grand-parents for a last view, then to the Rutland Church for funeral services which were con- ducted by Rev. Russel of Culver and laid to rest in the family lot in Poplar Grove Cemetery. Card of Thanks. Words written or expressed can only convey in fact our gratitude to all who gave assistance and sympathy in the hour of our unspeakable bereavement because of the death June 20, 1911 of our dear girl Alta whose sweet little life our memories will ever cherish. Mr. and Mrs. J. C. Berlin Jennie Berlin, Mother Mr. and Mrs. T. M. Berlin P. D. Berlin Birthday Surprise. Tuesday evening Miss. Ethel Hossler was pleasantly surprised at her home on Oak Hill avenue. About thirty young people participated in the affair and had a most enjoyable time. The occasion was the hostess' eighteenth birthday.

LARGE ON CIT

AMOUNTS

Council Issues Orders for three Big pay-ments--New Ordinances Made and

Proposed--L. School Board, M. The city council did an unusual and unprecedented thing last night when they elected a democrat, Attorney L. M. Lauer, a member of the school board to succeed Mr. A. M. Cleveland, a republican the president of the board, who has served for one term of three years. It has been customary for the members to serve two terms; and also, it has been customary for the party in power to have two of its party on the school board and one of the opposite party. Democratic councils have always elected two democrats and one republican, and republicans have always elected two republicans and one democrat, so say those who have lived her long years. One of the republican members last night voted for Mr. Lauer instead of Mr, Cleveland. He received three votes and Mr. Cleveland two. It is understood that Councilman Bowell voted for Mr. Lauer. He was placed in nomination by Mr. VanGilder and Mr. Cleveland by Mr. Clizbe. Mayor Cleveland was ill and could not be present. Councilman Bowell was made Mayor pro tem. The School Board filed its tax levy for next year as follows: "Special School Tax: 50c on each $100 of taxable property, and 55c on each poll. Local Tuition Tax: 50c on each $100 of taxable property and 25c on each poll. For Library Purposes 2 l-2c on each $100 of taxable property. The ordinances for placing of the sidewalks of Jackson street on the curb were passed, unanimously for the south side walks and with one dissenting vote for the north side walk. To Pay $1000 School Bond. A resolution was passed ordering the payment of one of the $1000 bonds of the school board. Citizens of the west end, 25 in number, filed a petition complaining that the Pennsylvania Railway Com - pany was making a round house of their tracks in that part of town to the annoyance of the people there. They asked that the council take the' matter up and require the company to move their yards outside the city limits. The matter was referred to committee. E. S. Bissell requested that he be allowed to build part of the new walk required of him, next summer. To Pay Water-Works Certificate. A resolution was passed ordering. the payment from the water-works

to pay the certificate. The city being up to its constitutional limit when this big improvement was undertaken, the plan of paying for the work out of the water-works fund exney Hess to make the project legal. The first year has demonstrated the wisdom of the council's action, for it shows that the plant will itself pay for this improvement, Pay on Funding Bonds. A resolution was also passed ordering the payment of $1500 on the funding bonds including interest. The sum of $315.82 was also ordered paid on the costs in the damage case of Jacob Price. An ordinance was passed fixing the prices of cemetery lots in Oak Hill. The prices range from $5 to $100, and are based on figures submitted by City Engineer English.

fund of the first of the certificates Municipal League Fund due to the Chicago Bridge & Iron To amt transferred from gen. Works for the cost of the water fund............................$80.00 tank. This sum is to be paid July 1 out of the water-works fund. The Improvement Fund. To amt on hand Jan 1 1911. .$5638.40 money is there, made from the plant, Amt collected..........2178.09 to pay the certificate. The city be-

. . .. Iw&ter pipe. inside the cemetry fence, I The city enbssr is to estimate the

An ordinance establishing the church at the District Convention of grade of Plumb street from Jefferson the Christian Endeavor, recently held street north to Harrison, in that part at Elkhart. Four people served as recently opened, was passed. the delegates of the local church. They were the Misses Jessie Loganby, The bid of Milner & Grube was ac- Julia Yockey, Lottie Schroeder andd cepted for 24 inch tile for the sewer Esther Stockgen. extensions from the race to the river. Oliver Anders was elected sexton of the cemetery. Suits Filed. The superintendent of the water Tura Barts vs. Jesse Barts, diworks was instructed to extend the vorce.

Y INDEBTEDNESS

Lauer Elected On cost of making a waiting room out of the barn in the cemetery. The clerk was directed to get the addresses of companies making spraying outfits for trees. An ordinance was introduced providing for the weighing of coal and other fuels. It provides that the seller shall send with the load a certificate showing separately the weight of the vehicle and the fuel and in cases where the article is measured a certificate showing the measurement. "All coal, wool, hay, corn or merchandise sold in quantity, to and for public institutions, must be weighed over a public scale. Treasurer's Statement. Treasurer Hahn made the following report of receipts and expenses for the first half of the fiscal year: General Fund. Bal on hand Jan. 1, 1911......... $6535.62 Reed from licenses 26$K Sä'le Cem. lots 42.0 ? jTaves ' o 1 i Mise col . ... 9Vr; Sewer taps 31.4rf Interest 33.12 Total ..$9,5-1.71 . . . CI 3JSS Disbursements Balance $131,8.13 . Water Works Fund. ,:To overdraft Jan 1 1911. . .$r6V-W Disbursements 2332.47 Total $61 2.-5 Amt.' ler-d' from taxes $1440.04 Overdraft June 23 $3ir,6.U Special Waer Works Fund. To amt on hand Jan 1 1911 $154.1; To amt collected ; 231S52 Total ,....$r3 0. 3 Library Fund. . rn l 1 1 T 1 loamron r ma au i ... 11 from !l,)iar Wi Taves . 1303 OCT '02 32 ...... $240 V Ttt;l ! Disbursements ..$1 300.00 ralance 005 Scool "Roar Fnd I To amt on I a-d Jan 1 1911. .$l"?2.12 Heed Irom taxes o-n.' Total ..2174.U To amt reC)1 from fyes. .. .23".S2 St.,a Sinking Fund a" !' i.-r-Total v..$78T?.r Disbursements v 29"2L3T Pais nee $4&)3L' S Entertains the P. P. P. C. Mr. and Mrs. Earl Glass entertained the Paw Paw Pleasure Club last night at their home on North Walnut street. An enjoyable evening was spent in playing cards. Mrs. Elmer Young and Mrs. Otto Breece won the first honors and Mr. Will Rece the consolation. Refreshments were served by the host and hostess. Delegates Make Reports. Monday evening the reports were given by the delegates who represented the Plymouth Presbyterian church at the District Convention of Della Denny vs. Vance Denny, divorce.

f i'.i