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THE WELLINGTON ENTERPRISE, WEDNESDAY NOVEMBER "!?, 1897.
THE ENTERPRISE PUBLISHED EVERY WEDNESDAY, THE FRENCH PRINTING COMPANY O. L. COUCH, RECEIVER. SUBSCRIPTION. PAYABLE IN ADVANCE. One Year $1.00 61x Months .80 WEDNESDAY, NOV. 17, 1897. MM ' EDITORIALS. MWIIIMUMIOIIMIIMIIIMIIIIII The late editor of the New York Sun, Chas. A. Dana, - left an unencumbered este of $1,200,000. Our lait yean balance of trade with Great Britian was greater than that of any year during the last fifteen years. The bank clearances and the railroad earnings of the country show an im mense increase in the volume of bus iness being transacted. President McKinley is anxious for annexation and wants the Hawaiian treaty taken up promptly, as soon as the senate meets, with a view of its early ratification, If Joseph Benson Foraker is wise in his political generation, he will call off his followers who are trying to ob struct Mark Hanna's return to the United States Senate. Buffalo Ex. The total ousts of Jacob S. Ooxey's tour in his private car and expenses in his effort to be elected governor on the People's party ticket, as given by the clerk of courts, is $996.15. James R. Sovereign, who has been General Master Workman of the Knights of Labor for the past four years or more has been relieved, and Henry A. Hicks of New York elected to that position. ,-. 8ome of the worlds statisticians claim that in fifteen years all the na tions of the earth will haye adopted the gold standard, unless some Inter national Bryans' arise to stem the tide of universal disaster. The Mexican-Bryan style of pros perity consists of loaning a man $100 and getting 80 in payment therefor a year hence. This is what has occurred in Mexico in the last year, silver hav ing fallen twenty per cent in value, ... The Thanksgiving season comes most appropriately this year. Not only have the people of this nation cause to rejoice over the betterment of their own affairs; but they can give thanks with real hope , that the distressing conditions preva lent in other parts of the world are rapidly passing away. The Japanese government has prac tically abandoned its position with Eu rope in relation to Hawaii on the im migration question, as she wishes to retain the friendship of the United States at any cost. It is believed that Japan's future policy with respect to Hawaii will be conciliatory in the ex treme. The ta'k about "defeating" Hanna is altogether in the Democratic news papers. It is from beginning to end a Democratic scheme and the republi cans of the country under the circum stances, would look upon every man assisting it as either a democrat at heart or a traitor to his cwn party, if he professed to be a republican. An expert investigation was begun by the state railroad commissioners last week to And out the real cause of the terrible accident on the New York Central railroad near Garrison's, on Sunday morning of October 24, last, in which twenty-one persons lost their lives. The theory is that the cause of the wreck was nothing but a pure, simple washout, super-induced by un usually high tides. Senor Sagasta sent the following message to the Spanish minister at Washington: "So far from seeking a pretext to declare war against the United States, Spain would regard it as a great misfortune to be given the occasion for such an unhappy resolu tion, animated as it is by the most amicable sentiments toward the great republic. Spain hopes of America that it will do its utmost to fortify send ments for friendship to the welfare of both countries while at the same time respecting the rights of Spain. The history of men who have been elected to the senate of the United States by the votes or co-operation of of the party opposed'to that to which they belong has been one of political failure and individual discomfort, Not a man who has thus occupied a Senatorial seat coming through the support of the opposition party and in defiance of the wishes of the large ma jorty of his own party has ever made a reputation, social standing or political future. The Senate has been a political and social grave yard to all men who have occupied seats in it through methods of that sort. A RETALIATION. MR. HORR DEFENDS HIS POSI TION AGAINST OPPONENTS. An Explanation of HI So-called Opposi tion to the Operation of the Eleetrlo Light Plant. Excavation of Light Plant Pond Threatened to Interfere with W. ft l E. Water Contract. A Proposition. No Deelre for Further Litigation. Pro ceeding In Circuit Court Real Cause f Complication. To the Editor: A recent article in the Enterprise in regard to the Warwick Electric Light case, seems to put the "Horrs" in a false position, and I wish the public to understand the real situation viewed from our standpoint. My mother has a contract with the W. A. L. E. R. R. Co. for a long term of years to furnish that road with water for its locomotives. When the War wick people began to dig their reser voir directly above my mother's upper pond, it seemed to us that if their plans of excavation were carried out, our ability to supply the W. & L. E. R. R. with water according to contract would be threatened. Accordingly an injunction against Mr. Cunningham and his associates was asked and grant ed, and as a result & satisfactory ar rangement in regard to the water was made between my mother and the Warwick Electric Mfg. Co., and the same was duly recorded, and, as we sup posed, was binding forever, on both parties, their heirs, successors, or as signs, and the whole matter forever terminated. We did not at that time imagine that a so-called busi ness man would go ahead and erect a valuable building on land, to half of which, at least, he had not a shadow of a title. When the exact state of affairs existing between the Warwick Mfg. Co. and the Mullin sis ters came to our knowledge, we saw at once that the carefully prepared set tlement which we had negotiated with Mr. Cunningham, in regard to the water, was not worth the paper upon which it was written and did iTot fol low the land, simply because Mr. Cun ningham and his associates never owned a foot of land in Wellington. Nothing was left for us to do except to buy the land of the Mullin sisters, or else to take our chances with another injunction suit after the pond of the Warwick Co. was already constructed. We decided on the' first alternative, and purchased the land, paying for it $3,000. ' Now the article in last week's Enter prise is Calculated to make the public, believe that the "Horrs" are blocking all attempts to settle the electric light case. On the contrary we think we have tendered the lien holders a very liberal offer of settlement, a far better one than they have any right to expect after the circuit court decision. We asked of them our expensese, viz., what the land has cost us to date, minus $150 per acre for about four acres of land including the pond. We are will ing to allow the Electric plant, without charge, to draw water as needed from this pond, for the operation of the plant, and also for fire protection for the village of Wellington, and the pond is not large enough to supply water for other pur poses. We would agree further to maintain the dam of said pond, and to leave sufficient water in the pond for the use of the Dlant and the villaee for fire protection. Under this arrange ment the electric plant would have an absolutely free supply of water, all necessary taxes and repairs falling on us. It is doubtful if we would ever derive any direct benefit whatever from the Warwick pond were our proposition accepted, for the sim ple reason that we would not dare to use water from the pond, for fear that in time of drought, the supply remain ing would be insufficient for the use of the plant and the village. Of course we would be able to so regulate the flow of water that my mother would have no difficulty in fulfilling her obli gations to the Wheeling & Lake Erie R. R. and that, as before shown, is the chief reason we purchased the landi We notice some remarks in the Enter prise article in regard to "fighting the Horrs to a finish." In regard to this I would say that we shall regret it, if further litigation Is necessary, but that we are fully prepared and ready to defend our title to the six acres of land in question in the Supreme Court and that 1 suppose is what the Enter prise means by "a finish." What standing we will hav6 in the Supreme Court is best shown by the following finding of facts, quoted verbatim from the decree of the Circuit Court which went on the Journal last Wednesday IN THE CIRCUIT COURT OF LO RAIN COUNTY. No. 4905. The Brush Elecfric Co. A Plaintiff, vs. DECREE. The Warwick Manufac turine Co.. et al.. Defendants. J This day this cause came on to be heard on appeal from the common pleas cpurt of Lorain County, Ohio and was submitted on the evidence admissions made in open court and the arguments of counsel. And the court I being fully advised in the premises and being requested to separately state its findings of fact and its find ings of law, finds as follows: if FINDINGS OF TACT. 1st The court finds that on May 3d, 1896, Mary Mullin and Delia Mullin, both unmarried, were owners1 In com mon of six acres of land situated in the village of Wellington, Lorain, County, Ohio, desuribed in the plaintiff's peti tion, and that the Warwick Electric Manufacturing Company was a corpor? ation duly organized under the laws of the State of Ohio, for manufacturing purposes. 2nd. It finds that . the Warwick Electric Manufacturing Company act ing through its president, attorney and general manager, Cunningham, on that day executed a contract for the acqui-. sition, by purchase, of the six .acres aforesaid for the s 'm of thirteen hun dred dollars ($1300.) to be paid on Aug- ust4th, 1896, and procured its execution by Mary Mullin. and procured its further execution by Mary Mullin as agent for Delia Mullin. It finds that, it was provided by said contract that unless The Warwick Electric Manufag, taring Company should pay the con sideration of $1300.00 on August 4th, then at the option of the venders the same should become void and of no effect. Said contract was duly wit nessed and recorded in the miscellan eous records of said county, and said contract was ratified by said Warwick Company. - 3rd. It finds that Immediately after the execution of said contract The Warwick Electric Manufacturing Com pany entered into possession of said premises and proceeded to improve the same by the ereotion thereon of ex pensive buildings, by the excavation thereon of a large pond on the line of a water-course running across the said premises, and by the fitting up of the buildings for the purpose of producing and selling eletricity. It finds that Mary Mullin had in fact no authority whatsoever from her sister, Delia Mul lin, to make any contract for the sale. of the premises aforesaid, and that Delia Mullin never, in any way ratified or confirmed the contract which her sister Mary had so attempted to make for her, but that she disaffirmed it. It finds that said Mary Mullin was ad judged insane on June 18, 1896,, and that on the 12th day of August, 1898. Delia Mullin . was appointed guardian of MaryTtfullin. Shortly after August 4th, 1896, Cunningham, the. president, general manager and attorney .qfThe Warwick Manufacturing Company, was informed by .Tjlden. jthe ,gap$ of Delia Mullin and Delia Mullin, guard ian of Mary Mulling that the contract of May 3rd, 1897, was -binding on neither of them ; was void undep the option ; that said Cunningham -thereafter on behalf of the said company, solicited from Delia Mullin the sale of the premises aforesaid to The Warwick Electric Manufacturing Company, and that a verbal agreement was entered into between them subject to the ap proval of the probate court for the con veyance of the undivided half interest of Mary Mullin, then insane, for the sum or $1,000.00, and of Delia's half for a like sum. It finds that Delia Mullin had been appointed guardian of Mary Mullin, her sister, by the probate court of Lorain County, and was authorized by the probate court to sell the un divided half interest owned by Mary Mullin in the premises. Delia Mullin as guardian, reported to the court a few days later that she had sold this undivided half to The Warwick Elec tic Manufacturing Company for $1000. It finds that immediately thereafter, one Tilden, acting on behalf of Delia Mullin, tendered to The Warwick Elec tric Manufacturing Company, the deed of Delia Mullin and the dted of Delia Mullin as guardian of Mary Mullin, for the premises, and demand ed payment of the $2000, which was refused. 4th. It finds that no possession was ever taken under said contract and no claim is made under it by any of the parties hereto. It finds that Delia Mullin did not so conduct. herself at any time as to mislead any of the parties hereto. It finds that on the 22nd day of December, 1896, on the ap plication of an unsecured creditor of The Warwick Electric Manufacturing Company, the common pleas court of Cuyahoga County, Ohio, appointed W. J. Hart receiver for the said company. Said receiver immediately took posses sion of the premises aforesaid ; that he has ever since held the same in his custody ; that acting upon the orders of the court that appointed him,' he operated said electric light plant, and that said court ordered him to issue receiver's certificates with which to pay claims for help in operation there of j that a large amount of said certifl cates were ixsued to the amount of about $1158.88. That liabilities hare been incurred in the care and custody of said property, in addition to the op eration thereof. That in the order of the court in the common pleas court of Cuyahoga County, Ohio, in the case in which the receiver was appointed, fix ing the amount of compensation to be allowed receiver and his counsel, the expenses in operating the plant are not separated from the expenses incurred in the care of the property, and there is no evidence in this case separating the expense of the care and custody from other expenses. 4 If You're in a Hurry For Groceries, there's always a wagon at our door, ready to bring them to you. Plenty of clerks here enough to fill your order without neglecting others. Everything that's choicest in Groceries, and prices no higher than you'll pay for inferior grades. ' . , Real Good Coffee and Tea We are particular in selecting pur Coffees and Teas. We keep them fresh and up to the standard of strength And quality. If not f, exactly fight ahy time, bring it back and we will make it right Or return your money. When we learn just what you' prefer, you'll get it every time. Wilder and Vincent.. irr?wtiPHiifwwmii 5th. On December 14, 1896, by and with the authority of the probate court of Lorain County, Ohio, Delia Mullin as guardian of Mary Ann Mul lin, and Delia Mullin acting in her own behalf, s -Id for the Consideration of $3,000.00 and conveyed the prem ises in the petition described to Norton T. Horr and Chas. W. Horr, who ever since have owned and held legal title to the same. 6th. In tne settlement of an action instituted in the common pleas court of Lorain County, Ohio, in July, 1896, The Warwick Electric Manufacturing Company entered into a contract with Esther A. Horr," the owner, of the ad jacent premises, as set forth in her cross-petition in this cause; which contract provided for the operation and conduct of the excavation made on the premises aforesaid, in such manner as . not to interfere with the vested rights, of the said Esther A. Horr, to the flowage Of -water through and upon her adjoining' premises. ' ' 7th. That the labor performed and materials furnished under the various mechanics' liens found herein to exist herein upon the said premises was per formed and furnished between the making of the contract of May 3rd, and the time of the sale of the property to the Horrs. The court finds that the following named persons hold valid and subsisting mechanics' liens on the premises described in the petition sub ject only to the claim of the Horrs as hereinbefore fixed, in the sums set op posite their respective names, with interest from May 10, 1897. It should be remembered that the Supreme Court decides all legal ques tions solely from the finding of facts as laid down by the Circuit court. In conclusion I will say that the blame for this unfortunate complication rests, not on my brother or myself, but up on the lien holders and others who un wisely trusted and did business with an irresponsible b windier and convict such as the President of the defunct Warwick Company has now been prov en to be. Mr. Warner and others duly warn?d the people of Wellington against this man Cunningham, but were in turn reviled for their wise ad monitions. We cannot expect some thing for nothing, nor electric lights for $30. a year each. Many of the lien holders knew that the Warwick Co., was a slippery concern and charged the Company a long price for all hey sold it. These lien holders took their chances of getting their pay, and they have no one to blame but themselves for the sequel. Some things -which are Bargains 40 cent Tea $ 35c. Calumet soap 10 cakes asc. . Hires root beer aoc. Good fine Rio coffee isc Mason jars, per dos 48c. Pumpkin, 3 cans 25c. Tomatoes 3 " ............ 35c. Heinle bottle goods. ......... 15c. Flour per sack.,.. ..t ........ 1.35 Why cannot one grocer sell the same goods at the same prices as another? He can; on the name basis. These prices ftre only for CASH. .T. S. TUCKER. OAK CAR LAND Heating , , Stoves THE WORLD'S BEST. AT Ransom & Wilbur's . ' THE . BIG DEPARTMENT STORE. WELLINGTON, OHIO. CASH AND QHE PRICE. The cloak business starts off in good shape. Our show roomj are not without their full completement of cnafmflr. . Ant m your friends why they bought their garments at our store and they Ml n i . - . win reii you we nave tne most complete line in town, the best service ana most lasmonable designs. Fly front Jackets of Kersey, Cheviots' Sercea and fiAVArf.. in the newest fall shades, lined throughout with taffeta, plain and bro caded silk. Ladies' Fall Jackets of fine Broad Cloth, colors and black, with silk linings. Handsome taiior-madA TCfiraAV anil nll-linn1 Boucle Jackets. Single and double Beaver Capes, empire front and duck, nauasomeiy trimmed with braid. Perfect fit guaranteed. Com petent salespeople in attendance. Tiff" ' TfT" ' No. 923 is onn of otir monk nnnnlnr MiHHPa' onrmpnta Malta nf orrnnn urnnl Astrachan, silk lined, pearl buttons with black trimmings. Fnce, $8.98. No. i:02 is one of our best sellers, made of fine, heavy pluBh, silk lined, full size, collar and front trimmed with Thibet fur. Special price $7.43. New Goods svery day. f Come and Clt 'Em. D. B. 0 Qoodsell. d Tho more goods you can sell under one roof, the 4 cheaper you can sell them ' C A D. B. GOODSELL CASH AND ONE PRICE. We haye the largest stock, and greatest variety of Furniture ever shown in this vicinity. No matter what you want in our line, don't buy without giving us a call. Our long business experience is your gain. Our Holiday Line Our prices will be as low as the lowest. Don't forget the old reliable Furniture and Undertaking estab lishment " m- A.G.&G.L.COUCKI The above cut is No. 1111. Made of fine Astrachan! silk lined.- cnlar fur trimmed. Would be cheap at $7.50. Price, only ; . ..... .... . . .$5.75. A child's green Astrai h in garment, taimmed in green broadcloth, and green and gold braid. IT'S A BEAUTY. Sizes, 6 to 12 years .... Price, $4.89.' A man may talk, and a man may blow; He may furnish mutlo and song. But the people pay for such nonsense you know Each day as they no along. To the price of his goods, he must add the cost , Of all such things, you must know. Then the place to buy. Is where nothing Is lost. In pomp, and feather, and show. If his g odi you buy, you will find them high; Because of money spent that way. And the time Is nigh, when the people will espy The truth of what we say. So take what is free, and let the rest be: For that kind of goods don't pay. We cannot believe you will be deceived, No matter what they say. will be Complete j ' UK