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HlMM It Don't Matter l'il 1 ts To us whether this is the ending of the 19th century4 or the beginning- of the 20th, we will continue to give best value for the money in shoes ju«t as we have done in the past. 0. C. STEVENS, 106 Main Street. PAVING Second Street Petitioners for Asphalt May Have to Pay. .W tef DECISION IN THE CASE iJndgeElclielberKer Says That In a Law *tCflon JT. T. HacUwortli «t al '.Woiild Have to Fay Their Share for Pavluir. [From Friday's Daily.] ^"The second branch of the paving xases has been decided by Judge Eich-'might *Hwrger, in an opinion handed down jresterday. The plaintiffs in this case petitioned the council to have the pav Ihg done with' asphalt instead of brick, and on the old roadbed or grade. The Hamilton ca^e, which was decided a lew days ago, differs from this only •that they did not petition. The court Sustains the demurrer and says, in ef fect that if this were a law action brought by the company, the property o\\ ners might be required to-pay what it is worth to the street. The follow ing is the opinion, in which J. T. Hackwovth et al., plaintiffs against the city and the asphalt company et al. are concerned: "The plaintiffs in this cage are the same as in the case of Hamilton et al. vs. City of Ottumwa et in which I sustained a demurrer to the ans wer except that it is further alleged1 ^ln this case,.that ajEter the couucil had law. A mistake of law will not rule prepared a resolution 'for paving* West an estoppel. \m%4 1 1 i1 knowing from tlie prior proceedings taken by the council that the cost of such paving would be assessed as it was. In the Hamilton case I gave my reasons in full for holding the law un der, which the assessments were made lor this paving to be unconstitutional. It will therefore not be necessary to repeat them here. "But it is alleged in this case that the plaintiffs having petitioned for the pavement are now estopped to deny the validity of the law, for the reason that the defendants were induced to act and expend large sums of money by such petition. On argument it was claimed by plaintiff that the defendants did uot, in fact, put the asphalt pavement on the roadbed as it then existed as requested by petitioners, and therefore there was no estoppel. But this, even if true, cannot be urged in this demur rer. All the facts well pleaded in the answer must," for the purposes of pass ing on the demurrer, be taken as true. It is alleged in theanswer that they did put down the pavement as prayed for, which allegation the demurrer admits to be true. Does this constitute an estoppel? The law authorizing assess ments by the front foot rule is uncon stitutional and all assessments there under are void. At the time the pe tition was presented to the council it had already determined to act under this law. All that can be said for the petition is that the petitioners therein represented to the council, in effect, that if they /vere intending to put down a pavement, tvithout authority of law, tliey desired, as property owners, tnat the pavement should be asphalt rather than brick. They did not say they would pay for it either by the front foot or in any other way. Possi bly if they were being sued by the Second street with ^ri} ki'ttie(piaintiffs "11 Am. fc Eng.'Ency of Law (2d in this case presented'ib^tbe tsiiy coun- ed) 421 et seq. The demurrer will be cil a petition prayibg^tViat said street sustained, defendants except. paved with asphalt instead of Dee. 30, 1899. brjck, and that by reason thereof the Frank W. Eichelberger, Judge. proposed resolution was amended so as to provide for paving with asphalt A case of smallpox has been reported instead of brick, and that such street to the state board of health from Jes was so paved with asphalt as petitioned up, Buchanan- county, and another 'by the plaintiffs, and by virtue of said from Mantau, Monroe county. petition. The defendants plead that company that built the pavement they lie held, on an implied contract to pay what it is reasonably worth. But that is not this case. They are asking that an illegal tax be enjoined. All persons are presumed to know the law, hence the defendants knew, as a mat ter of law, that they could not have the cost of thfs asphalt paving assessed against the property owners any more than it could be assessed against them for brick paving. They were not de ceived bv the petition as to their rights under the law. It has been held that a false statement of an opinion upon a'question of law, made with the in tention of inducing another person to act upon it, a :d in fact acted upon by him, would not wifi-k an estoppel when the facts were equally known to both parties. "Whitewell vs. YVinslow, 134 Mass. 343. In estoppel in pais, the usual ground is misrepresentation or conceal ment of facts. In this case however there was neither. The most that can vie said is that it was mistake of the Blich Dlaintlffs, so petitioning, are es- 'Smallpox has at last been stamped topped to deny the validity of the out at Sioux Rapids, and the town is tax assessed to pay for such pavingt again free from it. *v 3A Does Your «•. sis fell Alum? a 'i Hi VV 4 & I WH W Jtjr Prof. Geo. F. Barker, M. D., University of Penn.: "All the constituents of alum remain (from alum baking powders) in the hread, and the alum itself is reproduced to all ifitents and purposes when the bread is dissolved by the gastric juice in the process of digestion. I regard the use of alum as highly injurious/'* Dr. Alonzo Clark: "A substance (alum) which can de range^the stomach should not be tolerated in baking powder." ul* Prof. W. G.Tucker, New York State Chemist: "I believe,' it (alum) to be decidedly injurious when used as a constituent of v., food articles." fSjv 'f* Prof. S. W. Johnson, Yale College: "I regard their -. (alum and soluble alumina salts) introduction into baking pow ders as most dangerous to health." In view ot such testimony as this,. every care must be exercised by the housewife to exclude the over *«nd over condemned cheap, alum faking powders from the food. f* 5^ -#«s. ROYAL BAKING PQWDER CO.j President Sabine, of the U. G. W of A., Talks on the Subject. 4-'-' CRUSADE AGAINST THE PRODUCT t#1 *t I yt BooooooooooooooooooooooooB Funk Bros.' Cash Grocery. A small space is just as good, as a large one providing the prices and goods are RIGHT. What do you think of these. Gallon can Syrup...'. V. .25c Walnuts per peck i.lOc 3 lbs Hominy Corn 5c 2 quarts Fancy Cranberries. .15c Best Sorghum (not the cheap kind) per gallon 30c ,8 oz bottle Lemon or Vanilla.l5c Best Dried Apricots, per lb... 15c Best Country Lard, lb .10c Best Packing House Lard, lb..8c Mr. Sabine a Member or the York Iieglitlatiirc—Visits lowu tu Inter e»t ol'HIs Organlznllou—Goods ©ohoko^khkhhkhhk8 Must Have Villon Label. j. J1 4 [From Wednesday's Daily.] Hon. Edward B. Sabine, of Sjiacuse, X. Y., general president of the United Garment Workers of America, is in the city in the interest of the organiza tion which' he represents. Mr. Sabine is one of the oldest and most promi nent workers in the ranks of organized labor in the country. He is a member of the New York state legislature, hav ing been elected by the. republicans from the third assembly district of Onondago county, and is now serving his second term as president of the United Garment Workers of America. Mr. Sabine has been affiliated with or ganized labor for the la£t twelve years and is one of its most ardent support ers. Mr. Sabinfe said the object of his visit into this state is for the purpose of ascertaining the nature of clothing that is being sold in Iowa, that is in regard to the amount of sweat shop goods, if any, and how much union made stock, or an estimate of the per centage of the same. He is also visit ing the local and central bodies of all organized, labor for the purpose of re porting his findings of conditions of af fairs in general. Mr. Sabine will, dur ing, his sojourh' among the organized labor^iement of the state, create more of a demand for goods bearing the gar ment makers' label, by explaining to them the method of manufacturing garments in sanitary shops" as com pared to that in sweat shops. Mr. Sa bine said the dealers many times are led to believe that clothing bearing the union label costs them much more, when in reality that is .not the case. "Clothing bearing the ljibel of the United Garment Makers," continued Mr. Sabine, "is a sure indication that Jit i* |t«» k-- a 't1-' X* 4^ f, 4* 1 taking powders made from cream of tartar, which is highlyr refined grape acid, are promotive of health, and more efficient.1' i' No other kind should be used in leavening food. Royal Baking Powder is the highest example of a pure cream of tartar powder.' I A •in* •"Tfr it (1 tT. 4*- V. N" -w V.4£ -.4 '*£. THE OTTUMWA COURIER: THURSDAY, JANUARY 4, 1900. Cor. Second and Mckean Streets. 41-bars White Russian Soap..1.00 41 bars Diamond Soap ... .1.00 40 bars Santa Glaus Soap. ...1.00 40 bars Lenox Soap. .1.00 Gold Leaf Flour, .the best flour on eatth. per sack....1.00 If you pay. Over $1.00 per sack for your flour you are pay ing too much. Gal. can Apricots or Peaches.35c the ones who performed the labor on it derived the profit, which in sweat shop labor goes to the middle man, com- yty HOLD ANiy^Ali MEETING. 1 monly called the contractor." Mr. Sabine reported that he has found a great many sweat shop goods on sale in Iowa, including Ottumwa. In many cases, and especially in this city, .ur. Sabine said the merchants arc handling sweat shop goods and were not aware of the fact until so ad vised by him. Mr. Sabine said that organized labor east of the Mississippi river has been so urgent in its demands and so persis tent in its crusade against this kind of labor that the product of the sweat shop has been practically 'driven out of the field, and consequently-the.manu facturers of this class of goods have been and are seeking markets in the west. The church societies and the consum ers' league in the eiist, Mr. Sabine says, have taken, up the crusade against the sweat shop system with telling effect. A sweat shop. as briefiy outlined in Mr. Sabine's owu language, "comprises filth, unsanitary conditions for work ing men and women, introduces cheap pauper labor frpm Europe,.and prison] made goods. Besides the'Unfair com petition to fair..employes, sweat shops afford a splendid opportunity for breeding and disseminating disease germs, which many times are found to have originated from this source. The public is invited to investigate the mau-i ner in which clothing is produced, and I have no doubt tliat it Would result in a demand for the Garment Makers' union label. Everything that tends to: the' uplifting of humanity i6 opposed to .liis "sweating" system and a contin uation of inducing pauper labor o'f Europe to starve the American citizen out of a livelihood. The corrupt condi tion of politics in'the larger cities in the United States, is brousrht about to a great extent by the inportation of so much pauper labor. The patronage of the Garment Makers' union label is a means to an. end to this evil. "The wages in sweat shops range from $3 to $6 per .week for men and wbmen,: and Jn'.( many- cases girls are required to work for as low as $1 per week. All our organization asks of the people is that they give their support ito an organization. that will bring about condition'^ that will be for the benefit Of 'humanity in general, arid we invite them to investigate this question in particular. The American Federa tion of Labor aflts last annual conven tion decided t%t no,'goods shall be defined as tiniin' n^dde goods unless they bear the 'tl'mon label. Heretofore the American Federation of Labor has tolerated opeii'snops, but liereaf ter .the label must bfe ori'the product." member* of First Baptist Cliurclt Elect Officer*. r, From Wednesday's Daily, The members-of-the First Baiptist church -to the. number of about 100, held their annual-supper last Monday evening, in the' church, after which they held a business meeting ana elected the following officers: Church Deacon—Dr. E. T. Edgerly. Vfl'S Clerk-Mrs. Keyhoe! Trustees—W. T. Harper, J. Peach. Treasurer—J. E. Willis. Sunday School Superintendent—H. Jameson. Assistant Superintendent J. E. Willis. Secretary—Maria Inskeep. Treasurer—Jerry Jenkins. Librarian—Adine Edgerly. Organist—Pearl Dana. Chorister—-Mrs. J. i-. Brown B. y. p. it. President—J. E. Willis. Vice President—$Irs. J. E. Willis. Secretary—Emma Dickerson. Treasurer—Nannie Frey. Organist—PearlDana. Assistant Organist—Amy Irey. Sick and Needy—Miss You Ioskccji Chairmen of Cominitteea. Benevolence—Mrs. J. Miller. «T A Missions—Miss Ina Dana. r'j Ban-tism—Mrs. J."F. Hammer. Obituary—Mrs. J. W. Edgerly, Discipline—Mrs. J. D. Brown. Arisiting—Mrs. J." A. Frey. Collectors—Mrs. H. E. Bishop, Music—Dr. Roberts. Social—Mrs. J. ti. Willis. MISS NVK GRANTED ABSENCE. Catherine Barber, of Cedar Falls Ap pointed to Fill Vacancy. From Wednesday's Daily. At the school board meeting last ev ening Miss Emma Nye, teacher of lit erature in the high school, was granted a leave of absence for the balance of the school year, which she expects to spend in Europe, principally in France and Germany, perfecting herself in ed ucational matters. Miss Catherine Bar ber, of Cedar Falls, was engaged 'by the board tto fill the vacancy. Miss Barber is a graduate of the State Uni versity at Iowa City, where she taught seven years ago. For three years she was a teacher in the high school at Iowa City and for the last three years has been teaching in the hio-h school at Cedar Falls. She comes .highly recom mended and will maintain the high standard set by the board. t- ^THE LIQUOR ORDINANCE. Tax to It Reduces tlie Wholesalers' $600 a Year. From Wednesday's Daily. The liquor ordinance, which was be fore the council in caucus last even ing, makes a distinction between re tail dealers and wholesale dealers in the matter of tax. The new ,tax re duces the tax on wholesalers to $600, the amount of the mulct tax only, and leaves the tax on the retailer where U.QAY i£j viz., $1,800. f- gf. J, /I what good bargains I can give you." 216 East IVlain St. 213-215 Commercial St. 20 lbs Extra C.. Sugar ....... .$1.00 18 lbs Best Granulated Sugar 1.00 1.00 1.00 1.00 1.00 IS lbs best Rice 20 lbs good Rice 20 lbs California Prunes... 13 lbs Raisins 11 lbs Fancy Evaporated Peaches 1.00 6lbs fancy Bv. Raspberries./. 1.00 2j lb can Lem.,Cling Peaches............. 15c 2)i lb can Cal. Plums 10c 3 lb can Oregon Rasp berries 10c 3 lb can Indiana Rasp berries 12%c 3 lb can table Pears.-12}4c 3 lbs seedless Raisins ..... 25c 3 lbs cleaned Currants'....... I. .25c 3 lbs Muscatel Raisins... /. ... .25c 3 lbs Mince Meat 25c We Buy All Kinds of Country Produce. BOTCHER I.TOWN. *r. *k ll§898 Pearl Button Man From Muscatine Again Visits Ottumwa. sit IS LOOKING OVER THE GROUND. m* 'A -f- Tests He Idade on Des molnes Blver Sbells SatUtfactory—Xlilnk* Pros pects Good for Button In dnstry Here. ^{P \i~y From Wednesday's Daily. Ambrose Butcher, of Muscatine, pro prietor of a, pearl button factory at that place, is in the city on business today. Mr. Butcher, it will be remem bered, was in Ottumwa some time- ago investigating the advisability of start ing a button factory in this city. He secured & few samples of the shells so abundant in the Des Mpines river, and took them to Muscatine. He says they produce a good button, and he is con fident that Ottumwa has great pros pects in store for her if she wjll only take advantage of the opportunity. Mr. Butcher while here on his former visit, made arrangements with a aian IjO send liiin a'quantity of Des Moines iver mussels,, in order that he might gggr: At 25 Per Cent Undervalue Price, Just received, 75 pieces Flannelettes at old price. Full stock of Shoes and Rubbers it keeps me busy keeping up stock in thi# '!ine. I sell them so cheap they WALK OFF. Fine Soaps and Perfumery, Ladies Wrappers and Tennis Flannel Night Robes. Come and see jf "I Am Fixed" All Right. Wishing you all a happy and prosperous New Year, assuring you I will do my part to bring about the fulfillment of the wish. it Merchant, .T.. A. D. MOSS.! mm A 1 A m»de a lease of the rooms I now occupy, Nos. 1 flA 125 and 127 West Main St., for this was an experiment, my coming wesi ui vuun Street and I realized I was doing pioneer work, but the success I yy have met with in my present location justifies the move beyond my expectations—the room being the largest in the city, 50xl£$, 3 stories and basement, gives- me fine space for the display of the ES goods I have to sell. IH I have purchased for this season's trade the very latest styles in DIMITY and \A/H1TE GOODS"»will let you know on their arrival, and as the months come and go you will hear from me regarding the goods I have to sell. Just now I am making low prices on all WINTER GOODS. S HALF PftlCE .Sl GLOBE TEA CO., Leading Grocers. Sorghum per gallondOo, Peaberry Coffee, per pound ISc 20 lb cgnnister assorted Jams $1.25 5 lb pails assorted Jams 50c Gal. can table Peach es. 40c Gal. can table Pears .40c Gal. can table Apri cots 40c Gal. can pie Apricots. .35c Gal. can Rasp berries .. .40 Peaches 5 lbs Gum Drops... 25c 4 lbs mixed Candy.............. 25c 3 lbs choice Candy 25c iy2 lbs fancy-broken Candy 25c Christmas Decorations. make a thorough test of them. He never received the shells, consequently the only experiment he has made was on the few shells that he carried home in his pockets. The pearl button industry has been explained to considerable length in previous issues of the Courier, and a reiteration of the importance of it is not necessary. Suffice it to say that if shells abound sufficiently in the Des Moines river to warrant the establish ment of a button factory in Ottumwa, it is certainly an opportunity that should'not be permitted to go by un heeded. Mr. Butcher will be in the city a few days and will gladly give any information on the subject. He will locate here if the proper induce ments are offered. He has previously suggested the organization of a stock company, in which he offers to take stocK. Among, other inducements which Mr. Butcher has set forth as obtainable in securing a pearl button factory for Ottumwa, is that it will bring other similar institutions here, and make this a button manufacturing center. ijmm® X-lieavy tick mittens, cotton flannel lined,-worth 15 cents all Over, will be sold for 7 cents if accompanied by this coupon. Six pair may be purchased at one time, but no more at this price. Goou until Feb. 1. The Model (J. B. Sax.) Mrs. Mary Elizabeth Curtis, mother of ex-Congressman George M.. Curtis, has died at her home in Clinton in her seventy-seventh year. .v. 1.75 1 pkg Christmas Candles ...... .10c 4 pkgs Mince Meat .25c 5 lbs Prunes 25c 2 lbs mixed Nuts.. 25c ti Hf1 WZ' 7 i- 1 1 lb best Cocoanut ........... .. 20c White Swan Four ,1 lb pkg Baking'Soda .. 5c Sleepy Eye Cream 1 pkg Chocolate ............. 5c. Jersey Cream..... 1 pkg Cocoanut 5c Puritan Flour...,. 1 bottle Lemon Extract 5c Surprise Flour.... 1 bottle Vanilla .... 5c Sun Dance Flour. 1 bottle, 16 oz Vanilla 25c Rex Flour 1 bottle, 16 oz Lemon extract 25c Economy Flour .. 1 dozen Tomatoes .... 90c 1 dozen Sweet Corn 80c 1 dozen common Corn 70c 1 dozen Cal. Plums.. .1.20 1 dozen Cal. table Hrj Old Phone 145 New Phone 145 New Phone 635 .....»1.10 .....1.10 1.10 1.00 1.00 95c .... 90c 75c •h Ham, best quality 11c Breakfast Bacon, best quality ........illc Breakfast Bacon, choice 10c Breakfast Bacon, good 9C Pork, 8c and 6c oooooooooo CHRIS HA W IS GENEROVSe He Gives Iowa Wealeyau University a microscope. [From Wednesday's Daily.] In speaking of the Christmas gifts received by the Iowa Wesleyan univer sity. the Mt. Pleasant News says: "The next gift to arrive was a fine $100 microscope, from Christ Haw, of Ottumwa. If there is one thing-that is' lacking in- the scientific department of the institution, it is a microscope. This machine is a very fine one, made of the finest of brass and eontaiping'Hhe best of lenses, and all arranged in. axbeauti ful oak box. Prof. Edw§rds the scientific head of the schofjil^is very proud of this gift,, and says that he will put it to good use." 6 Fairs Duck mitts for 20 Cants if accompanied by this -coupon. They are made of 10-oz. duck, and the cloth costs more than we ask you for the mitts. (Good until Feb. 1.) The Model (J. B. Sax.) iWfcM -e\ tt About Dlnlug Cars. The verdict given by the general public that the Great Rock Island Route has the Best Dining Car Service in the world, will not,be disputed by patrons who have used' this line. Thou sands of letters testify to this fact. A better meal cannot be secured in any hotel or restaurant in the cities of New York or Chicago than is served in the Rock Island Dining Cars. A la carte, on all cars a splendid lunch j^erved on Colorado trains for SO cents. .r-