The Indianapolis journal., 1890-10-30

A Decision That Prevents Terre Haute fror
Using q Hitching Device.

CULLINGS FROM THE COURTS.
A Decision That Prevents Terre Haute from
Using q Hitching Device.
Judge Gresham. in the United States
Circuit Court, yesterday decided the case
of Isaac N. Walker and others. of this city,
against the city Of Terre Haute in favor OF
the plaintiffs. The suit was for an injunc-
tion restraining the defendant from using
patented device alleged to be owned by
plaintiffs and for damages arising from its
use by the city of Terre Haute during several
years past. This device is q fire-alarm
gong, operating automatically, and which
releases the horses from their stalls stimuli
taneously with the alarm of fire. The suit
was brought in June, 1887, and was heard
by Judge Gresham here some months ago.
His decision. rendered yesterday. will COM
pei Terre Haute to quit using the device,
though that city will probably carry the
case to the United States Supreme Court.
In addition to granting the INJUNCTION. the
Chancery Fishback, with instruc-
tions to report the damages due plant.
ifs. The device was invented by Robert
Bragg. of California. who formed syndi-
Gates in various g. parts OF the country, to
vention. A syndicate in this city. conf
posed of DIR. L. G. Walker, Judge Lewis 9:
Walker, John Walker. Frank Walker, Ed
ERan, A.. J. Treat. Abe Angle, and others.
Ohio. Kentucky, Illinois, Michigan. Wis
consin. Iowa. Minnesota and Missouri. DIR:
Henry Jameson, John McCutcheon and
other Of the city own the right in East,
ern States. lndianapolis has used
in order to avoid lawsuit with the plaint-
iffs in the case just decided, the city set
tied with them several years ago, paying
them SS 600. The decision rendered is big
thing for the gentlemen interested In this
patent. 1sssi}+
The Governments Demurrer Sustained.
In 1870 Postmaster general Creswell leased
for twenty years for postofice purposes .
building in Lafayette. The property
changed hands several times, and finally
came into poss ession of Hiram w. Chase.
of that city. The government continued
to occupy it for sixteen years,
but in 1886 leased another prop
erty and vacated the Chase build
ing. Mr.. Chase died some years ago.
and his widow brought suit in the United
since, against the United States govern
ment, to recover $4,000. the amount repre-
senting four years rent of the building in
question. at 81 500 year. District Attorney
Chambers filed demurrer, alleging that, in
leased the building owned by Mr..
Chase. there was no statute author
izing him to make lease for
more than one year; Yesterday Judge
Gresham sustained this demurrer, which
cision the Judge said that in 1854 Congress
enacted law authorizing the Postmaster
general to make leases of buildings for o
term not to exceed five years. This law. it
mendatIon of Jadge Gresham himself. who
was then Postmaster general.
Jurors for the November Term.
The jurors drawn yesterday to report at
the Circuit Court room Tuesday. Nov. IL,
are as follows: Jacob Mickey, Frank Nc
Caslin and Henry Fultz, Wayne township:
David George, Decatur; Willis Ferguson.
Chris I. Prange and David Springer. War
rem: j. N. Buser. Perry: VIM. F. McPeake.
John Unversaeh and William Badgett.
Center, and Charles Negley. Lawrence.
The jurors for Superior Court. room No.
2. and summoned for Nov. 10, are: Isaac
II. jackson, Henry Gresh and VIM. Evans.
Washington township; Vim. H. Schmitts,
George Yoke, Myron ID. King and j. A. Is
grigg. Center; Olivar Voris. Lawrence;
Robert Moore. Thomas Schooley and Jonas
Hamlin. Franklin. and Marion Todd, Pike.
Charged with whipping Pupil.
Miss Babb, teacher in room No. 8 in
School No. /, was arrested yesterday on .
warrant sworn out before Justice of the
Peace Habich by Frank B. Wilson. who
alleges an assault and battery was COM
mitted on his son Willie. boy of twelve
years. pupil in Miss Babb's room. The
boy says the teacher punished him for eat
ing an orange in school hours, and used q
switch, which made the calves of his legs
black AID blue. After finishing the whip
ping, as he supposed. he says the principal,
Mrs. Wilson, who was In the room. said TO
her. Give him some more" and thereupon
she administered second thrashing.
A Case Transferred.
The case of Joel Overman against Frank
NJ. Guthrie, Charles Mendcnhall and Fan
ME G. Mendenhall. for foreclosure of a mort.
gage was yesterday transferred from the
Grant Circuit Court to the federal court
upon application of defendants. The suit
is OH promissory note for $4,000. secured
by mortgage on real estate In Grant county.
Part of the note has been paid, and the
plaintiff sues for $4,000.
Declared Insane.
In the Circuit Court. yesterday, Barn.
hard Dietz and Christian Leutz were de-
clared by jury to be of unsound mind and
incapable of managing their estates. The
latter has inherited fortune. and Is una
BILE to know the value of money.
The Court Record
SUPREME COURT DECISIONS.
1887. Jane L. Hall ct nj. We. Mary ID.
Craig ct nj Clark &. G.. Affirmed. Elliott.
jim an action for rent accrued under q
lease the defendant may file an interplead-
er alleging that others claimed to be enti-
tied to such rent and offer to pay 1t into
court, and where such parties appear and
object TO their substitution as defend
ants they cannot successfully assail the
ruling of the court on the ground that they
we're not brought in by summons. 1t
was not the intention of the Legislature TO
bring cases Of sales upon DEGREES foreclos-
ing tax liens within the statutes providing 9