Page 1 of 23 Nov 1916 Issue of Williamsport Review Republican in Williamsport, Indiana

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Williamsport Review Republican (Newspaper) - November 23, 1916, Williamsport, Indiana The in a Aoa a Epos devoted to the interests of Williamsport and Warren , Awarren county it Iana thursday a november 23, 1916. New series yol. Iii. Leial in cd a a no Cas because of new evidence judge Berry Grants new trial in will Case. Ice plan Case court ruled in favor of haunt born co will have to remove Plant. A new Law amp Billings dissolves partnership and a a. Mehaffey enters. George Dee la is tax soil on monday of this week the court in the Vear 1895 Harley d. Billings made its special findings of facts a Bright and ambitious Young Law and conclusions of Law in the Case yer came to Williamsport from of Abraham h. Haun is. H. A. Born Crawfordsville where he practice packers Supply co., of Chicago j Law for two years after having Grad Illinois being the suit brought by plated from the Law school at Ann or. Haun to cancel and hold null and void his contract with h. A. Born packers Supply company for failure to carry out their contract to construct and put in operation an artificial ice making Plant using the raw water system and for its failure to so construct an ice making Plant that would freeze ice suitable for Domestic and commercial use and purposes. Among other things the court found generally in favor of the plaintiff. Haun and against the defendant h. A. Born packers Supply co. And that the Meco engine substituted and installed in place of the deisel engine contracted for would not operate successfully that the Plant after two tests would not and did not operate successfully at either of said tests that the engine would Stop frequently and refuse to Start that the engine did not have and does not have sufficient Power and capacity to operate the Plant that the Blower system installed and As changed and rebuilt is insufficient in capacity or defective in construction so that it will not and does not perform the duty or produce the result necessary or required in a raw water ice making Plant that the ice produced by such Plant in the three tests was not Clear ice but was White or Snow ice and largely Opake in appearance Brittle in consistency soiled and Cloudy in a Peai Ance and unfit for Domestic purposes use and Sale that said Plant is of no value for ice making purposes that it cannot be used for that purpose that the defendant has not executed or performed its contract with the plaintiff that the title and ownership of All material and machinery used in the construction of such Plant belongs to and vests in the defendant h. A. Born packers Supply co. In its conclusions of Law the court states among other things judge Berry ruled that All men must taxes. A new trial has been granted the defendants in the Case of Cavanaugh it. Al. Is. Cavanaugh it. Al on account of evidence claimed to have been discovered by the defendants since the trial of the Case. It is very unusual for a court to Grant a new trial on account of newly discovered evidence As litigants Are required to put Forth every Effort to produce All their evidence at the first trial and it is Only under the most extraordinary circumstances that a court will entertain a motion for a new trial on account of evidence discovered after a trial is Over but in this Case the court held that owing to the Peculiar and unusual situation and the extreme difficulty the defendants encountered in securing any evidence that a new trial should be had and the new evidence should be heard. Patrick Cavanaugh who was one of the oldest residents of state line died july 10th, 1912, leaving surviving him As his Only heirs 6 living children and also 4 grandchildren the heirs of a deceased daughter. He owned real estate and personal property Worth about $7,000 and on the 31st Day of March 1905, he went to the Law office of the late Hon. William b. Durborow and executed two deeds conveying All his real estate to his son John l. Cavanaugh and his daughter Ellen Cavanaugh and at the same time he made a a ill whereby he willed All Bis personal property to these two children. These deeds and the will were left in the Possession of or. Durborow who was in Europe at the time or. Cavahaugh died. When or. Durborow returned Home and Learned of the death of or. Cavanaugh he delivered the two deeds to the two children to whom they were made and the deeds a Ere properly recorded. Afterwards or. Durborow died and also the witnesses to the will died and there was no evidence whatever As to the conditions under which the deeds were left with or. Durborow. In other a ords to make the delivery of or. Durborow valid and make the deeds effective it was necessary for the defendants to establish that or. Durborow was authorized hold the deeds until the death of Cavanaugh and to then deliver them. The other children instituted an action to set the deeds aside on the grounds that there was no fahd delivery and in the entire absence of evidence As to Durborow s authority to deliver the deeds the court held for the plaintiffs and that the deeds were in operation. It being con Sion of Victor h. Ringer As Attor-1 the fight to win. He got the Nomi Arbor Mich. At the request of a Frank Hanly or. Bilings took up the Law practice Here and a Law firm was formed known As Hanly and Billings. This firm prospered and continued for a number of years until finally the business grew to such magnitude that a third person was taken in and the firm name became Hanly Braden amp Billings. For a Lew years this firm continued and finally or. Billings left the firm and formed a partnership with John c. Stephens which firm continued under the firm name of Billings amp Stephens until 1903, when the firm dissolved and or. Billings formed a partnership with Eie Stansbury which partnership continued for 14 years past and which by the Way has been a remarkable partnership inasmuch As there have not been any unpleasant feelings one toward the other there have been no jars neither did either have to look Over the other s accounts because of any mistrust but instead their partnership has been very agreeable and when or. Stansbury came to the close of his Law practice in Withams port by reason of having been elected attorney general of Indiana it was with a degree of regret on the part of both men that they dissolved their partnership. Carl a. Mehaffey who succeeded or. Stansbury in partnership with or. Billings graduated from Indiana University in 1911, following which he went to Ohio where he became associated with quot the Lawrence co., and began to Malve Good in their employ almost from the Day of his employment. About a year afterwards he was summoned Home by Telegram because of the death of his sister and it was while he was at Home on this occasion that he at the solicitation of j. H. Stephenson editor then Warren review and Geo. Pence an Uncle now trustee of Pike township consented to make the race for that the defendant h. A. Born to packet s Supply co., failed and neg-1 prosecutor of Benton and Warren elected to perform its contract on its counties. At that time there were part to be performed and that the two other candidates in the Field for defendant h. A. Born packers sup the nomination who had already ply co., takes nothing by its Cross gone Over the counties and to Carl complaint. It looked like a hopeless race but that the plaintiff Abraham h. After much persuasion on the part Haun is entitled to a decree can of his friends he reluctantly con Selling and annulling the contract seated to toss his hat in the ring and notes executed by him to the after which he Laid off his coat and defendant and now in the posses-1 backed by a determination began tended that or. Cavanaugh might have left the deeds with or. Durborow merely for the purpose of Safe keeping with a right to go and get them at any time he desired in which event the delivery of the deeds by Durborow after the death of Cavanaugh would void. Since the trial of the Case the defendants have discovered evidence tending to Sho w that Cavanaugh made certain statements indicating that he had left the deeds with Durborow and parted with All control Over them and had authorized the delivery after his death. And it was on this showing that judge Berry determined that to do Justice to the parties such evidence should be had. The plaintiffs were represented by Mcadams amp Jones and the defendants by Victor h. Ringer and Harley d. Bilings. Ney for h. A. Born packers Supply nation was elected by a Good big co. That there is now due plaintiff. Majority served the counties Wel and was re elected the second time in �0 talk Corn show. I should be held about the same time it was held last year. Abraham h. Haun from rhe defend term of office expiring january ant the sum of s1043.09 and that the j during his two terms of plaintiff is entitled to a judgment office As prosecutor he also prac against the defendant for said sum., iced Law and his Success As a Law j. Yer has been greater than he anti that the appliances and equip., u u a i., ,. J to Cip ated. He has risen so rapidly ment furnished by the defendant j u m a u too 1 and surrounded himself with such a. Born packers Supply co.,to carry. O i j it ,. A prominence that on saturday nov. Out the provisions of its contract Mitt to r a re r a a 18, 1916, h. D. Bilings one of the belong to and the title thereof is in i a Uci uus oldest and most Able attorneys of the defendant h. A. Born packers air v d j the Warren county bar accepted Supply of. I Mehaffey As his partner in Law that the Warren county lumber and the firm now instead of being co., have a judgment for materials Stansbury amp Billings is Billings amp Mehaffey and the review re pub furnished in the construction of such Plant in the sum of $52.39 and that Robert a. Whitley have judgment for labor performed in the construction of said Plant in the sum of $76.25, each with attorney s fees and costs. A successful masquerade. The school at tab gave a very successful masquerade Box supper in the Church basement last saturday night. Twenty eight beautifully decorated boxes were brought and these when sold amounted to $53.85. A Lavalier was Given to the most popular girl which was won by Lucile Goodwine. The total amount taken in was $94.00, which will be used for books and other things which will Benefit the pupils. Mrs. Ralph High was a Lafayette visitor monday. Lican joins with their Many friends in wishing them every Success possible. It is a Strong a e Law film As both men Are capable honest upright and straightforward in every particular sense of the term and there is no doubt whatever that will r. Wood s election expenses. I a 11 business entrusted to representative will r. Wood of them will receive their very closest the tenth District reported to the attention. Clerk of the House at Washington that he made no expenditures in his Campaign after his pre election statement. His expenses up to that time were $895. 1 prosecutor elect Wilbur g. Nolin of Fowler transacted business in Williamsport monday. William Hurst of Pine township a was a visitor in our City saturday get per Bill said he with the rest of the boys for the same reason that Coal got licked in the recent election but Are. The railroads Are or it he was the liveliest corps that Ever Stock cars Are hard to haps cars looks that Way in league with the came Down the he had packing houses and Coal operators jigs sleeves rolled up and in 1920 and in this Way Are lending Aid in would give them another Tussel they the boosting of prices. Would not soon forget. Since Ernest Grey has been treasurer of Warren county he tried to follow the letter of the Law in every respect governing his office. At tax paying time Many men chiefly those who had but Little of this world s goods failed to any attention to the demand made upon them in this respect and As required by Law the treasurer would Send out notices to those delinquent parties but it was the same old Story. Finally or. Grey As a last resource sought to fulfil his official duty by collecting the delinquent taxes and accordingly along last july he caused two tax collectors to come to Williamsport and take up he work. These men brought in several thousand dollars but in the course of their collecting they met with an injunction suit filed by Geo. Dee against treasurer Grey restraining him from collecting the Dehn quent taxes assessed against Lim. The matter came up for hearing in the Warren circuit court tuesday of last week before judge Berry 3oth Dee and Grey having employed counsel to present their Side of the Case before the court. The judge after hearing the Case and who had already familiarized himself with the Law decided that Dee was entitled to taxes As nothing was exempt from taxation. The Law is very Clear on this Point and is As follows any person or tax payer charged with taxes on the tax duplicate in the hands of a county treasurer May the full amount of such taxes on or before the first monday in May or May at his option the first instalment on or before such monday and the remaining install orients on or before the first monday november follow ing provided however that All Road taxes charged shall be included in the first instalment and provided further that in All cases where the first instalment shall not be paid on or before the first monday of May the whole amount unpaid shall become due and returned delinquent and collected As provided by Law and there Seall be a penalty added of ten per cent upon the amount of any instalment not paid when due which the persons or property assessed shall together with Cost of collection and if such taxes remain delinquent at the succeeding first monday in november there shall be a penalty of 6 per centum added to All such taxes that become delinquent at the preceding May and november settled cents and a penalty of 10 per centum Only shall be added to the current delinquency occurring on the first monday in november As amended. Acts 1897, Page 162 quot from the above which is the Law and As Plain As the nose on a Man s face there is no escape from tax paying and at no time and under no circumstance has or. Grey performed any other than his duty As Laid Down by the Law and this being the Case no one should fault him but on the other hand if he did not do his duty he would be open to criticism. Again he did not work any hardship on any one but was ready to make satisfactory arrangements with those who were Short financially that they could make payments in Small amounts until they had the entire amount of their tastes paid which would be considered by most men As a very Liberal spirit. Good morals required. New York City november 21.�? because he is a Good porch climber Rifle shooter and has other marked accomplishments Amandus Kessler wants to get out of jail at Easton pa., and become a fighter for Uncle Sam in the ranks of the United states Marine corps according to an appealing letter addressed to the Marine recruiting station in this City. Amandus wrote several pages in his patriotic outburst and promised to use his influence to awaken his fellow prisoners to the Call of the Flag it the marines would Only come and get him out. Although the Young Man claims to be a Good quot healthy Feller quot unfortunately his morals Are not in the same is the country prosperous Are conditions in this country on an equalized basis about this time last year the review Republican upon its own Accord began to Lay plans and talk for a Corn show to be held in Williamsport. The paper did t ask any outside support As it was Only an Experiment and it did t want to Embarrass any of its friends. The paper furnished its own premiums furnished the room and did its own advertising. Long before the time the show was to take place there was Corn on exhibition. In the meantime arrangements were made for an expert Corn judge from Purdue University who also gave a lecture to a goodly number of Corn growers in the court room on the Day the premiums were awarded. How Well it was attended and the interest there was manifested is attested by the number of entries of which there were 37 ten ear entries and 18 single ear entries making a total of 55 entries and Bear in mind it was not a very Good Corn year either. When the Day of judging the Corn came there was a Good crowd present and All were deeply interested in the show and also in the lecture and expressed a desire co take part in another show and hoped that it would be on a larger scale. The review Republican is willing to do its part toward another show of the same kind but it does not feel As though it should Bear All the expense and for this reason we suggest that if the merchants believe it is profitable to them and to the Farmers to encourage the growing of better Corn that they have a meeting in the near future and arrive at some positive conclusion. By All taking part in the Corn show we can have More classes and we can offer larger and More elaborate premiums which would materially bring out a larger display of Corn. Added to this could be bread butter jellies and cakes which would interest the ladies and add interest to the show. We also could secure two speakers one for the men and one for the ladies but All could attend both lectures if they so desired. The first of january 1917, will soon be Here and already several have mentioned the fact that they have selected and Laid aside some Fine specimens of Corn and Are Only waiting for the announcement that Williamsport will hold a second an Nual Corn show i we Are going to turn this Little trick we must get Busy and let the Farmers know All about it. Bunkie of a a cd in. It is a very worthy cause and should be liberally supported. Next monday tuesday and wednesday nov. 27th, 2sth and 29th, have been designated As quot bundle Days quot at the school building. In other words it is three Days in which you should look up any old cast off clothing that is fairly Good put them in a bundle and Send them to the school building where they will be received by the teachers who also will look after All rents and put them in Good serviceable condition before sending them out. In these bundles should be included stockings mittens Caps pants dresses shoes underwear and and hoods in fact anything that is Good and will help to keep some child warm and comfortable. The teachers of the Public school Are in a position to know the real needs of the Community As they Deal daily with children from every family in town. They can also judge by the appearance and by a Little questioning learn the real conditions surrounding these Little ones. There is quite a few poor but worthy families in our City the Heads of whose families Are hard working men but owing to the High prices Are kept pretty close to Shore in a financial Way. Cast off apparel that around and do if you were to step out onto the Street and ask the question quot is the country prosperous quot the answer you would get would be quot yes quot but the party answering has probably never taken a moment to give due consideration to what he is saying. Probably he has never looked from East to West North or South and probably he has never investigated conditions As they actually exist in the Large cities. Probably he has not investigated the imports and exports under the present administration but on the Spur of the moment arrives at his spoken conclusion because the Farmer the manufacturer and the merchant Are getting better prices. The facts Are we Are standing on the verge of great distress and much suffering. Already the Large cities Are planning to curtail the High Cost of living by instituting a diet system which when you Stop to think is Only an evasion of the unpopular quot soup and it is Well that they Are because flour is $12 per barrel potatoes better than $2 per Bushel sugar Coffee lard and meat at almost prohibitive prices. But you say Why labor is getting More for its services which to any fair minded Man is not True. If a Man is Given $1 per Day for his daily labor and is then compelled to out for the necessities of life $1.25 per Day Over and above what the average Cost of living formerly was then you la have to admit that he is just 25 per cent worse off than he was when he received the Advance in wages. In the Large cities a totter and eggs Are being held in cold storage and a Price that is shameful to mention is being wrung from the people who use them. Idle Coal cars a a shoved onto a siding and left standing empty and out of service by the Railroad companies which has a tendency to boost the Price of Coal which has we Are told in Many places advanced from $1 to s2 per ton and there is no Relief in sight. Do you Call this Prosperity Well yes in a Way. It is Prosperity for the Man who operates the packing House the cold storage House the Coal mine owners the manufacturers and the big wholesale merchants but to the great mass. Of people the Labouring class it is a situation almost Akin to a panic who Are now today curtailing All possible expenses going half fed half clothed and coup King their pennies one by one in order to keep from becoming an object of Charity. Now unless the administration wakes up to its duty closes our ports against exports and unless the Railroad commission forces the Railroad companies to put into service the thousands of Idle cars and unless some legislation can be brought about to open the doors of the cold storage houses the situation will become perilous. Thousands upon thousands will suffer from cold and hunger and crime will run riot because of the present existing conditions. The is not Given to Melancholic outburst neither is it Given to calamity howl ing but when certain conditions present themselves and will not Down when they Are brought under your observation Day after Day this paper believes it is High time the people should demand a re adjustment of the present conditions if it is possible to obtain them. Flourishing condition a a Amandus and his pals must Ian i and do some Good therefore try and Guise in prison while the Marine i get As Many bundles ready As pos corps remains heartless but Union sible and Send them to the school laminated. Building during one of the a Days. H. H. Bertrand made a business trip to Indiana ohs monday. Hon. Eie Stansbury made a business trip to Indianapolis last Friday. At the depot he met county chairman Jacob Sheffer who had noticed that or. Stansbury in giving out his appointments had omitted his or. Sheffer s name in the list and took him to task about it. Eie explained that there was another fellow who wanted it very badly and Jake i to is a sort of a would otherwise Lay goo could be utilized sympathetic fellow told ele to go j or Yie other fellow have it Ashi probably would t have time to take the Job anyway

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