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Saint Joseph Weekly Press (Newspaper) - May 6, 1909, Saint Joseph, Michigan THE WEEKLY PRES NHSTETEENTH YEAR ST. JOSEPH, MICH., THUBSDAY, MAY 6, 1909 PRICE TWQ CENTS i LONG. AND INTERESTING SESSION OP C1TV FATHERS HELD LAST EVENING. REVOKE PRIVILEGE Council Has Power to Compel Re- moval of Tracks at Any Time AVith- out Other Important Matters Decided at Sleeting Inclujl- ing Several New Ordinances For City. 444444444444444 REPORT OF ATTORNEY. Ownership of Owned by local company. 4 as to the bridge and collectable. Agreements Some things 4 cannot be made public at this time. __ 4 'Compliance of 4 believe that franchise has been 4 4 complied with. 4 Rate of Speed of 4 4 be regulated by ordinance. 4 4 Sprinkling be 4 4 regulated by ordinace. 4 44444444444444444 At the conclusion of reading his report in the matter of the relations of the local street car line with the city, Attorney O'Hara presented two ordinances for the consideration of the aldermen last night. The first re- ferred to the speed of cars in the city limits, the second took care of the laying of the dust on the tracks situated all over the city, and the council was advised that they could enforce the ordinances without regard to any franchise granted the compa- nies operating in the city, that these powers wore granted independently. In regard to the agreement with the local company Mr. O'Hara stated that he would be glad to meet the council in private; session at any time and go over the subject but stat- ed that at this time there were'mat- teis which should not be brought out at a public session. Mayor Calls For Remarks. Mayor called upon J. McM. Smith, president of the interurban load, who addressed the council rel- ative to the speed of ins cars in the city. He declared that instructions were issued by the office not to run in the city limits any place on the line at a greater speed than ten miles an hour, which he considered very reasonable and said that his com- pany operated their cars slowly over local tracks. Mayor Allen then said: "I think I voice the sentiment of the council when I say we do not want to impose stringent regulations up- on your 'company, but my attention has been called to the condition on Main street, and when a car passes it leaves a cloud of dust on both sides of the street." Alderman Vail de- clared that the local cars run twenty miles an hour over their tracks and finally after some deliberation the icport of the city attorney was ac- cepted and the ordinances referred to the ordinance committpe. Extension of Tracks. When the proposition of extend- ing the tracks of the local company to the docks was brought up by May- or Allen, City Attorney O'Hara de- clared that he had a permit already drawn up for the council to consider, and a reading was called for. It pro- vided that permission and authority be granted to the Southern Michigan city has any authority, on the Mid- way, and that the same may be used for the carriage of freight, express and baggage only. Provided that said tracks shall be so constructed as not to interfere with the passage of vehicles or pe- destrians, and that the said railway company will at once pave the surface of the said street within its tracks and for a space next outside thereof extending twelve inches beyond the same with brick! and Provided: That in the event that in building, laying or repairing its said tracks as aforesaid, and water, pipes or sewer pipes are interfered with, and any expense is incurred in changin'g or removing said pipes, said expense shall be borne by, and at once paid by said company. And Provided, That the said tracks shall be laid on a grade to be given by, and under the supervision the city engineer. And Provided, That this permission and authority hereby granted as aforesaid, may be revoked at the pleasure of this council without any notice whatever, and without any cause whatever, other than the will of the council." Discussion Is Lively. City Attorney O'Hara opened the discussion of the subject by stating that under the new law the council had no right to grant a franchise without a vote of the public, but that this was a permit which could be re- voked at pleasure. This started Al- derman Procter and he at once de- clared that while he favored giving the permit to the interurban com- pany, he was opposed to gi anting a franchise or right to the local com- pany to operate over the tracks, and if the local company were to go over the right of way as extended he would vote no. "What will Mr. McM. Smith have to say about con- cluded the fourth ward alderman as he tinned to the audience. The rail- road official was on his feet in an in- stant with the We have no desire nor are we asking for anyone else. I do not see a drawback in granting this permit, as it can be revoked at will. The work will cost us about and we are taking a chance on the caprice, as Mr. O'Hara puts it, of this council, but we want the chance. We want to handle our freight better and get it onto the docks instead ot having to transfer it when we get in late with our loads for the boat. We are ask- ing for ourselves only." Alderman Habel Aroused. Alderman Habel had been a silent listener all through the argument, and when Mr. McM. Smith had con- cluded his speech he entered into the matter with zest: We want all the treight delivered at this dock we can a.aid the third ward representa- tive, "we don't want it to go to Benton Harbor. I am in favor of granting this company the right of way even if the Pere Marquette wanted to run cars over that exten- sion.. Every bit of freight put on the dock gets credit of going from St. Joseph and make it a better port. first thing you know we will lose our custom house. It will go to Benton Harbor. We want to handle'freight] at this dock." Permit is Granted. Alderman Procter then offered the motion that the permit presented by Attorney OHara, be granted, and by a unanimous vote the matter which has been hanging file for weeks, was summarily disposed of without a hitch. Mr. Smith, quick to respond to the action of the alder- men, arose and thanked them in a pleasant little speech. He said: "I thank you gentlemen. You will find that the work will be done to your Fiist publication March 11, 1909. MORTGAGE SALE. Default having been made In the payment and conditions of a certain mortgage made and executed by Wil- liam Schmuhl and Theresia Schmuhl, his wife, to John Stevenson, dated October 1, 1902, and recorded in the office of the Register of Deeds for Berrlen County, Michigan, on Octo- 'ber 4, 1902, in Liber S3 of mortga- ges, on page 657, and which said mortgage was on Feb. 25, 1905, as- signed by said John Stevenson to Al- bert Fllbrant, which said assignment was recorded in the office of the Reg- ister of Deeds for Berrien County, Michigan, on February 25, 1905, in Liber S5 of mortgages, on page 10 (and said assignee, Albert Fllbrant, having died on February 8, 1908, and Edward G. Patzkowsky having been, on March 17, 190S, appointed administrator with the will annexed, oC the estate of said Albert Filbrant by the probate court in and for Ber- rien county, on which mortgage there is claimed to bo due at this date the sum of one hundred two dollars and sixty-nine cents, and no suit or proceed- ingt at law having: been instituted to recover the money secured by said mortgage or any part thereof. There- fore by virfue of the power of sale contained in said mortgage, thej premises described'in said mortgage! as commencing seventy-two (72) j feet south of the northwest corner of block 1 (1) village of Stevens- ville in said county and running south twenty-four (24) feet; thence east one hundred and twenty-seven (127) I'eet; thence north twenty- four (24) feet; thence west one hun- dred and twenty-seven (127) feet to poinc of beginning, being all of lot four of block one all ly- ing and being in said village of Ste- vensville, Berrien County, Michigan, will be sold at public auction to the highest bidder, at the front door of the court house in the city of St. Jo- seph, Benien County, Michigan, on Tuesday, the 7th day of June, 1909, at ten o'clock in the forenoon, to satisfy the amount due on said mort- gage and all legal costs, fees and charges. Dated March 11, 1909. EDWARD G. PATZKOWSKY, Adminstrator. E. S .KELLEY, Attorney for Administrator. Business address, Wells Block. St. Joseph, Michigan. Last publication June 3, 1909. 3-ll-wl3t MISSOURI OIVES DRYSAJETBACK Rider Probably Will Keep Off Liquor Election. DEPENDS ON HOUSE ACTION First publication March 11, 1909. MORTGAGE SALE. Default having been made in the payment and conditions of a certain mortgage made and executed by Wil- liam Schmuhl and Theresia Schmuhl, his wife, to Albert Filbrandt, (de- scribed in said mortgage as Elbert Filbrandt) dated February 20, and recorded in the office of the Reg- ister of Deeds for Berrien County, Michigan, on February 20, 1903, in Liber 93 of mortgages on page 94, (and said mortgagee, Albert Fil- MONUMENT TO LONGFELLOW IN WASHINGTON. Henry Wadsworth Longfellow is to be honored at .the capital of the nation with a monument already erected at Connecticut avenue and M street and to be dedicated and unveiled on May 7. After some twelve years the Longfellow National Memorial association has completed its task, and the monument is a reality.. William Coupcr is tho sculptor of the new monu- ment, which la of white marble on a base of reddish brown stone. President Taft will participate in the dedication ceremony, over which Chief Justice Fuller will preside. WIFE OF ROYALTON TOWNSHIP FARMER CHARGES MANY GRIEVANCES. Resolution For Submitting Question to Votes of the People Leaves the Sen- ate With a Clause Providing For the Doubling of the Tax Rate and With Amendment Making Act Effective Immediately After Balloting, Jefferson City, Mo., May Missouri senate has passed a resolu- tion submitting to the people a state- wide prohibition constitutional amend- ment. The resolution, which came to the senate from the house, was amend- ed with a tax rider which provides for the doubling of the rate of taxation. The final vote was 23 to 8, with two senators not voting. The senate also took out of the amendment the provision for making the amendment effective in 1913, if adopted by the people, and now, if the house concurs, it will become effect- ively immediately, if it carries at the next general election. The Woman's Christian Temperance union representatives gave each sena- tor a white carnation just before the prohibition measure was taken up. The whole matter must now go to the house. It is predicted that because of the short time before the legislature adjourns the house will not agree to the amendment calling for extra taxes and that no further action can be taken at this session. The prohibition advocates are dis- couraged. HEAVY TAX PUT ON BEER Complainant AVife is Owner of Thirty Acre Farm Which She Declares Husband Wants Per Month to Leads to Abuse For Divorce Follows Charging her husband with drunk- enness and various'acts of cruelty, Thressa Reddel of Royalton town- brandtV having died on February has to the cireuit court I for divorce. The couple were married in this city April 9, 1908, and shortly alter 1908, and Edward G. Patzkowskyj having been, on March 17, 1908, ap- pointed administrator with the will annexed, of the estate of said Albert Filbrandt, by the probate court in and for Berrien County, Michigan, ouf which mortgage there is claimed to be due at this date the sum of six hundred two dollars and nineteen cents and no suit or proceeding at law having been instituted to recover the money se- cured by said mortgage or any part thereof. Therefore by virtue of the power of sale contained in said mort- gage, the premises described in said mortgage as oommpncmg seventy- two (72) feet S. of northwest corner Block one (1) village of Stevensville; thence running south twenty-four (24) feet; thence eaot one hundred twenty-seven (127) feet; thence north twenty-four feet; thence west onp hundred twenty-seven (127) feet to place of beginning, being part of Lot four (4) ia aforesaid Block the mariage the complainant alleges, that her husband began to use in- toxicating liquor, and one time when they had only been married a year, he drove home in a drunken state Bill piBAiaraoti di.t} an.} Sut.mp pu-c horses ran away. She also charges that his intoxica- tion became so hequent that she was ashamed to come into town with him and finally was compelled to leave him the first of the present month when he came home and began to abuse her and threaten herself and children. Mrs. Reddel declares that when she married Mr. Reddel she was a widow and is the owner of a life lease in a thirty acre (arm in Roy- alton township, which ib encumbeied for that when she was unit- ed in matrimony to Mr. Reddel he piomised to help her pa) the mort- gage on the place and treat the and in' entire satisfaction. It is our custom Railway company, its successors, we have neyel. ,bbled J to extend the track acioss with My To sticct and down the midway to the1 one and lying and being in said village of Stevensville, Berrien Coun-l children as a uther- This' she ty, Michigan, will be sold at public clares' he has raliod to do auction to tho highest bidder, at the) stead beinS a llolP has been a hind- front door of the court house, in the! city of St. Joseph, Berrien She aveis> and an Michigan, on Monday, the Rth ''estiammg her husband Giaham docks providing that tho tracks are paved and the water and sewer pipes changed at the expense of the interurban companj, and that all work of construction be carried on under the city's direction. The principal clause provided that the permit may be revoked at will, with- out written notice. REVOCABLE PERMISSION. "Permission and authority is here- by given to the Southern Michigan Railway company to extend its track across Vine street, and, so far as the I Mayor Allen replied: "The citizens! recognize the value of your line toi this city and see the value of getting fruit to market and with the expression of thanks Mr. Smith left the council chamber. Want to Build Hall. Alderman Procter, of the public property committee, reported that the committee was adverse to the prop- osition of allowing the erection of a tent for gospel meetings on the city lot, also that they would not concur (Continued on Page 5.) of June, 1909, at ten o'clock in the forenoon, to satisfy the amount due on said mortgage and all legal costs, fees and charges. Dated March 11, 1909. EDWARD G. PATZKOWSKY, Administrator. E. S. KELLEY, Attorney for Administrator. Business address, Wells Block, St. Joseph, Michigan. Last publication June 3, 1909. 3-ll-wl3t in manner interfering with herself and children, or thieatening them with lettcis or visiting her home in Royalton township. Judge Cool- idge granted the injunction. Mrs. Charlwood-Coburn, mother of Charles Charlwood, now confined in the county jail charged'with murder, of John Smith of Buchanan, has re- turned home from the south where she has been spending the winter, and will employ counsel to defend her son when his case comes up for trial m the circuit court some time next week. Attorney Frank Sanders of Bu- chanan, has been appointed by the court to defend Charlwood, and the mother will employ George Lambert, the Niles attorney, to assist in the defense. It is alleged by the attorneys for the defense that the dead man was afflicted with a disease which caus- ed his death and that he was not killed by a blow struck by Charlwood. The case will undoubtedly attract much attention, as it will be the first murder case to be tried in this coun- ty for many years. Salvador to Charge Three Cents a Pint on Imported Bottled Goods. San Salvador, May degree has been issued taxing imported beer 3 cents per pint, when bottled, in addi- tion to the regular customs duty. Any orders for importations of beer that might have been placed prior to the date when the decrees takes effect are to be exempt. v PROBATE OF WILt. State of Michigan, the Probate court for the County of Berrien, At a session of said court, held at the Probate Office in the _city of St. Joseph in said county, on the 3rd day of May A. D., 1909. Present: Hon. Holland E. Barr, Judge of Probate. In the Matter of the Estate of Geoige Herman, deceased, Helen Watson having filed in said court her petition praying that a certain in- strument in writing, purporting to be the last will and testament of said deceased, now on file in said court, be admitted to probate, and that the administration of said estate be granted to Adam Herman, or to some other biiliable person, It is Ordered, That the 31st day of Mav, A. D. J909, at ten o'clock in the forenoon, at said probate be and is hereby appointed for hear-j ing said petition. I It is Fuither Orderedv That notice thereof be given by publication' of a copy of this order, for three sue-' cessivp weeks previous ,10 said day of hearing, in the St. Joseph Weeklj newspaper printed and CH- culated in said county. I HOLLAND E. BARR, FORMER ADJUTANT ARRESTED Accused of Appropriating of State's Military Fund. Olympia, Wash., May Ham- ilton, former adjutant general, was ar- rested at the instance of Governor E. M. Hay, charged with embezzlement and forgery.. Hamilton is alleged to have stolon the state military fund. ST. JOSEPH CITIZENS, ABE ASKED TO OltfJERVE MOTHER'S DAY. Head Consul of Modern Woodmen of America Urges That Day Be Made Annual JVcxt Sunday and Remembrance AVill Be Observed in Many Cities Throughout Land." Will St. Joseph people join in the' celebration of Mothers' Day Sunday? A movement in cities ail over the country has been made to make the second Sunday in May a _day -which shall be set aside to do honor to the mother of the family. The emblem of the day is to be the whit0 carna- tion. t In Chicago thV day will be? trtra'ery- ed, In Cleveland, 0., and in phia, and in Indianapolis. should not be behind towns in such sentiments. Maybe your mother is far It is impossible to see she cannot have the pleasure of seeing you; wear a carnation in her honpr.-s Why not write her a nice and tell her how deeply your yearns toward her. The only -5 How'v proudly i FIGURES IN MARRY IN HASTE AND GIRL NOW REPENTS. Edward Engleman, Jr., who form- erly resided with his parents in this city and who was married but a short time ago in Battle Creek, is now made defendant in a suit for di- vorce instituted by his wife. The following is taken from the Battle Creek Moon: "Married in February, 1909, Ed- ward and Ann Engleman are now principals in divorce proceedings in- stituted by the latter, who alleges cruelty and desertion. Mrs. Engle- man, whose maiden name was Neil- son, was for a short time forelady in the dressmaking shop of Englemau Mahoney and it was there she met her husband who was a son to Mrs. Engleman. The somewhat has- ty marriage has thus resulted disas- trously and relief through the courts is enlisted." er in one's lifetime should nofe neglected on Mothers' Day. your mother is with gentle eyed, gray haired creature' who keeps a home alive and who smoothes -wrinkles away from your ,of learned by careworn', years -of ience, do you show her. some ual that will bring light Take her to church. she feels as she is brought into-her; favorite corner of the'- temple by k. grownup son or daughter. A whole cluster of carnations to be sent to one's mother .would- be. apr" preciated by her more thattjbyr a young sweetheart. For your mother is your sweetheart anyway, the best' one you ever had. She is trite to all the days of her life. Wear a white carnation for her sake Sunday.'- Head Consul Talbot of the Woodmen of America, has made proclamation to his society -urging; that Mothers' Day be made an annu- al event every second Sunday in-May. Part of it contains the "Those of us whose mother to her final reward, in her -sweet memory let us plac'e, the white flower upon her grave, or if so circumstanc- ed as not o be privileged to this hon-r or her let our minds and', hearts dwell on her virtues and per- form a helpful service by giving some sick or unfortunate in hospital" or in prison, special sympathy and consideration for their encourage- ment and help, gaining and capacity to serve by of the act." May the citizens of St! Joseph take up Mothers' Day and make It an in- stitution. FOR SALE. Lot 45x125, 6 room cottage, city water, fine fruit in yard. Price' Easy terms. Schulz Pix- ley. The Daily Press, lOe 0er week. Citizens and Prisoners Sympathize With Wenger Try a want ad for results. PIANO TUNING. Have your piano tuned, repaired or reflnished by an experienced piano man. Old pianos made as good as i new. Orders taken at August Pe- ters' piano store, Benton Harbor, or residence phone Gil, Benton Harbor. J. E. STERLING. 6-3-tf A true copy. CLAUDE A. BAKER, Register of Probate. The unfortunate condition of a'f- t'airs which exist in prison circles at the present time and the indictments handed down by the grand jury, Judge of 'latl a deploiable effect, but the question at once comes to the mind, 5-6-w3t was Johii Wenger, the acting warden, in any manner to'blame? There are many citizens of the penitentiary city who believe that Pl'RK FOOD. NO AIHJLTER-', John Wenger is the best official who ANTS. SITH ARE THE PRODUCTS ever guided the affairs -Of-Jjhat insti- MADK I5V THE TWIN C1T1' MILL- ING CO. 5-0-3t tution. Sheriff Johnson, who returned ALT. OUT TUTRKHARD BROS. from Jackson yesterday afternoon, OFF ATI declares that he heard only good 8-10-dtfJ woids for John Wenger, the former 'I l I 4 Berrien county citizen. He says, that all the prisoners are friends of the acting warden, whose resignation Is now in the hands of the board of con- trol, and that many of them ex- pressed regret because Mr. Wenger was indicted, because he was the. right man in the right place at the head of the penal institution. That the statements of the pris- oners are true was corroborated by Sheriff Johnson when he made the rounds of the prison. He visited the various departments and the factor- ies, and fouftd everything working in perfect harmony under the ays- tern introduced by Acting Warden AVenger, who Hit still in t I NEWS PA PER! Vfc'
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