Audubon County journal. (Exira, Iowa) 1884-1993, 1899-08-31

OUTSIDE ana interior. ChaS. Ping will
be the man who will do the work.
Don't wait till you 90 to the fair to
say you have better things at home
but take what you have with YOU and
then if they are better, you can take
premiums home with YOU.
Lew Tramp went down to Creston
Monday, where he will work with his
brothers, who run brick yard at that
place. He will take up engineering
and next season will be able to run the
engine at his fathers yaru.
J. G. Wolfe and A. H. Dollahide
We're summoned to appear before a
justice of the peace to give testimony
in case of the j. I. Case Threshing
Machine Company against another
threshing machine company for the
Infringement on the grain meter for.
merly owned by III. w. Cripple of this
place which the former company
bought of MI Cripple. Their testi-
mony will be taken before Justice
but later the case will have hearing
in Chicago.
Hon. f. o. Hinkson and Mrs. Eliza
beth b. Beattie, both of Stuart, were
married at the home of the brides
mother, Mrs. Lois G. Stuart, on Church
street, Wednesday afternoon at two
o'clock p. M, Rev. j. f. Hinkhouse
officiating. 1t was a beautiful, quiet
affair, only a few ofthe immediate rel
atlves being present to witness the
ceremony. They departed the same
evening for their home in Stuart. The
bride is highly refined lady, possess
ing many beautiful traits of character
and her queenly womanly ways are
source OF admiration for her large cir
Gle of friends. Mr.. Hinkson is a
wealthy and prominet attorney of
Stuart and gentleman highly hon
ored and respected. They have both
been leaders in society circles for sew
eral years and their many friends gave
them a royal reception on their return.
All are now looking forward to the
best fair ever held in Audubon county.
The officers of the association have
put forth every effort to make this
years fair a success. All that is asked
for now is three good clear days and
with the assistance of the people of
Audubon county the fair will 90 on
record as the best in the history Of the
society. There will be balloon as
cension each day of the fair; one day
the aeronaut will be shot from can
non while suspended in midair and
make his famous parachute drop to
the ground. The next day he will 60
up enveioped in bombshell with a
time set fuse attached and when the
explosion occurs will be dropped to
mother earth. Lee Richardson, the
champion trick bicycle rider of the
world, will positively appear before the
ampltheatre each day of the fair. This
Will be the last chance to see this noted
rider as he leaves early next year for
three years trip around the world.
Numerous other attractions have also
been provided and the entertainments
will be strictly high class. The fast
horses are arriving daily from, all di-
rections. Exhibitors will bear in
mind that all entries must be made
on or before Tuesday, the first day of
the fair.
The case of the State of Iowa ex rel
VS.. j. j. Wieland ct al, was tried be-
fore Judge Macy, August "a and 25.
The case was tried on agreed statement
OF facts on the sole question of whether
the lOl persons who signed the written
remonstrance, requesting the board of
supervisors to eliminate these names
from the petition, had the legal right
to make such request and whether the
boards action in ignoring said renon-
STRANGE was erroneous. J. HI. Mosier,
Myers u Blume, H. NJ. Gray and B. /.
Salinger appear for j. J. Wieland ct al,
Cosson u Ross and j. NJ. Graham APP
pear for the REALTORS. Counsel sus-
tanning the petition relied upon Sci
bert VS.. Lowell, 80 Iowa. SOC, a ditch
case which holds that jurisdiction at
taches as of the date of filing of petit
ton with auditor and argued that after
names could be removed. Counsel OPP
posing the petition argued there was
distinction between ditch cases and
others and argued that the law in
Wisconsin, Indiana, Ohio, Minnesota,
Kansas and New York in different in
stances where nosprovision was made
for withdrawal of names that person
who had signed petition had the alb
solute right to withdraw their name
therefrom at any time before the board
OF county commissioners took final ac-
ton on the same and further argued
that the doctrine as laid down in these
states has recently been referred to by
our own supreme court with approval,
that signing petition is the individ-
ual voluntary act of the person and
that such signature may be withdrawn
at any time before rights have at
tached or some one has been prejudice
ed; that the prohibition law is in full
| force in Iowa and the mulct law op-
crates as bar; that in no event could
the bar become operative until the Pc
tition had been finally canvassed by
the board Of supervisors and their
finding entered of record. The attor-
neys for petitioners have until Sep
TENDER 4th to file written argument
and brief; opposing attorneys have
four days to answer: attorneys for the
petitioners have three days to reply
thereto, after which Judge Macy will
render his decision. This is the second
case of the kind which has come be-
fore the district court of Iowa. 1t was
held in the first case, tried in the dis
trict court of Fayette county by Judge
Fellows that the parties signing peti-
ton had the right to withdraw their
names before the board acted.
htNAs n