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The Winchester news. (Winchester, Ky.) 1908-19??, October 29, 1910, Image 1

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dti C6i IG s
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r er i tf
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tothe m
the individual members ofihe Fis
cal Court but dp insist lluij1 thisJ
court has left this matter entirely in 1
the hands of the County Judge and J
the Road Supervisor anddjs riot if 1
self sa court taken njaitive put I j
in this matter and has not assumed i
the control of the whole business of l
building and keeping in repair all tht
county roads through a road com i
mittee as is done in other counties
in which the roads are kept in repai
by taxation You have seen fit t
delegate all these duties to you
County Judge and Road Supervisor
It wouldconsume too much of yom
time to ask you to consider all the t
obstacles we have bad to meet or ah t
the acts of injustice to which we i
have had to submit in our earnest t
endeavor to faithfully carry out OUI v
contract and give to this county the
better roads to which it is entitled r
i nthis day of material advancement c
in all other avenues of comfort and t
convenience in living f
When this contract was awarded f
us we added am expensive hauling
outfit ofa traction engine and cars i
and have made in all an investment f
of sixty thousand dollars 60 v
00000 in our plant with the expec d
lalion of getting our share of the v
business of making modern upto c
I date roads provided of course we a
could do it at less cost than if done p
in other methods or by other persons c
The following are some of the mat a
ters of which we complain b
1 Before the contracts were let a
we asked that some approximate in it
formation be given us as to the b
places where the Supervisor would p
require the stone put but he in the c
presence of the County Judge de t
clined to set it out by sections in the t
advertisement as is customary else 0
where or to give us any verbal in c
formation oh the subject
As hauling is one of the large it = f
ems of expense in furnishing stone its
will be seen thwt this course was unjust
just to the bidders and detrimental b
to the interest of the county in sel b
curing bids as they had to be made a
in the dark a
2 As soon as the contract was v
let and after tihe time for advertis < 3
ing had passed so that another bid v
der could not be had the Supervisor s
announced that we would not be per v
mitted to fill our contract by furnish 1y
ing stone from our quarry He knew c
that we were expecting to use this
quarry and yet he never objected b
while out bid was being considered
noir whcniVit was accepted and the t
contact Was made This action Ireld p
us up until the court could be called v
together to consider the question We i
appealed to the Fiscal Court and this
court showed its fairness and just r
ness in setting aside the objections e
of these officials and in directipg that j
our stone be accepted under our con
tract 1
3 We proceeded then promptly I
with the work and just previous to t
finishing the woik on the McClure I
pike we were informed by the Coun 1
tys Weigher that he had been in c
structed by the Supervisor not to
weigh the smaller portions of stone I
that serve to fill crevices and make
the top dressing We were astound
ed to learn then for the first time 1
that the Count Judge and Supervis <
or construed the contract to mear
that this portion of the stone waste
be furnished free though it was
clean hard limestone that passel
through a two and a duilfinch rLugI
which was the only specification of
the contract It sells everywhere or 1
the market for the same or a larger
mice than the other stone it costs
the same to crush and haul it and it
constitutes nearly onefourth of the 1
stone which we were required to fur
nish We insisted and still insist
that the language of the contract
admits of no suoh construction but
assuming that it is ambiguous a ma
iorit of the members of this court
Squires Dooley Dykes Swope and
True stated frankly that it was
their understanding that the screen
ings were to be paid for and they
were really the one YiiliQHmade thei
contract for the county as they
were the four who voted t6 accept
our bid The three members of our
company stated the scone understand =
lug so that regardless of the techni
cal interpretation of the contract it =
rself which was signed by bur pres
ident without submitting it to his
counsel and while hurrying to a train
it wfcis manifest that if their con
struction was proper it was a clear
I mistake which business men would
promptly correct
The court however was mistaken
ly advised that they had no power to
correct though a majority thought it
should be corrected and hence we
were after another considerable de
lay forcedto bring suit to construe 1
e the contract and it held to be am
biguous to correct it by making it 1
clear that we were to be paid for the
screenings Ju the suit wiaich natnf
filed the four mmgistrales above WaSj
ed have testifiedunder oath that they
understood and ihtended the contract i
tb mean that we should be pjiid for i
timer screenings The suit lias not 1
been Decided and they are still hold t
ing our money IJ
4 We resumed work without 1
waiting for the decision of the court
but were again met with what we
considered an unjust and arbitrary
vction under the contract namely
we were required on the Lexingfon
pike the first of the main pikes tod
haul seventy per cent of the material I d
to the two miles on the far end near t
the Fayette county line with only a
few rock scattered over the rest of °
the pike So on the Iron Works pikea
we were not allowed to furnish any a
stone closer than two and a half 11
miles of Winchester while the far end
of this pike where there was plenty It
of stone and we purposed putting ourn
portable crusher they tookanyI
from us entirelyc tookanyI
5 When we purchased the haul t
ing outfit which was another mani
fest disappointment to your officials l
who knew that at the price we were fl
doing tnoj work tick could not haul by t
wagoijsJ Ujitbout losing money other
obstacles arose the County Judge 1
and Supervisor did their best to get r
prominent men to protest to this
court that the use of this hauling
machinery was injurious to the roads
but this was abandoned when nearly
all who were approached stated that
was a benefit instead It cannot
be claimed that there was any im
propriety in our using this heavy ma
chinery for the contract required UP
to roll the pikes and the weight of
the roller is greater per square foot
of surface than any of the other ma
6 The county then delayed us i
timer and again in fixing the bridges
so that we could haul over themi
The numerous delays which have
been caused by your officials han I
been and are extremely costly to us s
as we were compelled to pay our men t
and hold them in readiness to do the 1
work of the county which wte had un h
dertaken The many Nvaysin which
we have been mistreated an impeded
seem small when viewed singly but s
when taken Collectively are extreme C
ly important to us and vital to our i
contracts t r I
7 Upon the Waeles Mill pike Jl 3
became very material to rus lo know t
approximately where the stone a3 f
to be plticedas we expected to usei
portable crusher and haul the rock 7
with teams We accordingly in writ t
ing asked the Supervisor and the
County Judge to indicate approxi
mately what quantites would be nped t
edon the various portions of that 1
pike which for convenience we di t
vided into four specified section t
This both of them refused to do i
Mr Haggard says in the public press I 1
that he went over thc road and told 7
Mr Hodgkin where this rock was to Jl
be placed and that he agreed to j
come again when our crusher was
set but that is just what we feared >
that he wtould then require it hauled j
to the furthest point from the crush j
er If he wanted to give us this in
formation why Should lie object to
giving us the approximate require
uents in Writing and before we l aatI
dour crusher for his verbal suggestions 1
jeslions were too indefinite to be of
service and besides they were subject
to change at any time His unex
olained failure to give us this infor
nation showed conclusively that his j
Duly purpose in withholding this in 1
formation was to require us to haul i
the bulk of the material the greatest
possible distance as he had done on
all other roads repaired by us
Under a fair aid reasonable inter
pretation of our contract we were
entitled to ibis information and could
not in justice to ourselves go on with
out it hence after heretofore en
during everything in order to carry
out the contract we gave notice that
for this and other breaches by the
county we would go no further with
It is chimed by the officials that
tlC are only quitting because we can
not comply with the conlraQbrby De
cember 1st the date fixed oar con
tract callsYfbr ° about teu < jthcmsind
dollars 10000 worth < dilraateriaL
We hfive furnished over six thou
sand 6000of this including the 1
extras and but for the obstacles and
obstructions which we have met a lt
the hands of your officials we could
easily have finished nil the work couldI
lathe time fixed
The roads of the county are finan
cially speaking as important to the
city as to the cdimlj in promoting
tlhc exchange iof bps nS9 between
the two from th standlm iiifof per
sonar comfort limes are of course
more important to the farmers
It is Henceforth up to the peopl Q
t l
Anarchist Says He Will Throw BomL j
to Kill Emperor William and the
Empress theI
BRUSSELS Oct 29 Extraor
dinary precautions were taken Thurs 1 >
day night to protect Emperor William 1
end Empress Auguste Victoria when l
they left this city for Berlin because s
ofu letter threatening His Majesty o
which was received at he royal pal
ace v
The letter was Mili a
tant Brussels anarchist and read s
Since no one has had the cour
age to blow up the German autocrat
have decided to throw the bomb xv
Efforts of the authorities to arrest n
the writer were fruitless v
All windows of the house overlook
ing the streets through which the roy
al party passed from the palace tos
the station orderedIt
railway were ordered
closed temporarily and the station I tJ
itself was packed with troops The
railway line for n considerable dis 1
tance out of the city was guarded b
Court of Appeals of Illinois Takes c
Rap at Back Taxes From Illinois i
Central Railroad llIt IllinoisI of
Illinois Central Railroad Company
sued by the State for back taxes ten
tatively placed at fifteen million doe tj
lars was defeated in the preliminary
hearing of the case by a decision ol
the Supreme Court Friday
The effect of the decision is tt
send the case back to the Circuit
Court of La Salle county for a hear in
ing en its merits It is the conten ta
tion of Governor Deucen that for 33
years the railroad has been milking
tie State through its system of W 9
jcyninting for gross earnings 911 wliiqh IC
it is required under its charter to paper iu
per cent to the Slate in lieu of olhei F
axes d
The suit was filed by the Atlonrey
General erly in 1907 following a 1 s
message of Governor Dcneen to the c
Legislature in which it was asserted 3
the railroad had so manipulated its t
account as to credit the millions of 1
its earnings to lines not chartered in p
Illinois and hence not subject lo the ti
per cent tax appropriation made I
by the legislature to defray the ex r
penses of the accounting c
This accounting swells the amount c
which the Governor has estimated te
be due time Stale fro mfivc million tc t
fifteen million dollars
When the State filed its bill in the c
La Salle county Circuit Court three
years ago the railroad entered a de
murrer an dalso demurred to deI
bill filed later by the State
The Circuit Court sustained the de I
murrers issuing a decree dismissing
the complaint from this decree The I
state appealed and Fridays decision I
indicates that a Supreme Court finds
tile complaint sufficiently tenable on I 1
its face to warrant a trial on its
merits I
Mr George D Karsner of Fayette I
Cqurity is > Appointed Judge By I
Executive Committee
MiL George D Karsner who for
merly resided m this cpunty but now
of Fayette has tofu appointed corn
judge by the executive committee of
11Ud Kentucky Corn Growers Associ j
ation The first annual com show
will be held in Lexington from Jan I
nary 3 to 6th i
luar say whether they will have their
roads for which such a large part
of their taxes are devoted cared for
according to thb old and illegal rneUi
od or according to the new Vhieh
the other Uptodate counties of the
State are Wore enjoying
V rC Q CC r
By David S Gliy President I
11 J
Title to More Than 2000000 Acres S
of Kentucky Lands At Stake in
Supreme Court
pire larger than the entire State of w
Delaware or thc Island of Porto Rico cl
lying in Kentucky is the prize at m
stake Friday in the Supreme Court ni
of the United Slates s
The presentation of the contro at
versy to the Supreme Court in oral
iirgnments will reveal an unusual I L
story in the western advance of
American civilization j
Owing to the carelessness with I the
which Virginia is said to have issued i lo
grants just after the Revolutionary I n <
war to unserved and little known jT
lands in what is now Eastern KenI si
lucky the greatest confusion has re I ger
suited at to the true owners of the la
land in twenty eastern counties of 01
that Commonwealth pt
To add to this confusion it is said I w
that Kentucky did little better than hi
Ijcr mother Stale of Virginia in the of
first years of her history As a re j ing
suit additional blooiket grants made I cc
by the State are now challenged i
In all about two million five him I to
tIred thousand acres of land are said i b
o lie under tern doubtful title ofpI
these blanket grants Of this I in
amount the Eastern Kentucky coal qt
land corporation of wjiich C B Hill Ie
house is riccredited with being the cc
chief stockowner claims title to half i dl
million acres On the other hand I w
three thousand citizens of the Stale
Kentucky have entered these lands I NO
Claimants under blanket grant
al them squatters Attorney Geii
oral Breathilt of Kentucky has ap w
peared in the Supreme Court to as eo
pert in defense of their claim to the ci
title that they are people who built bi
up the Slate and creeled tunic Com
monwealth with its courthouse and <
school houses its municipalities aiu
internal improvements They have p
for years the Attorney General said U
his brief filed wdth the Court pair
taxes on the land while a search of
the records where such informatipn
would be found he says sh91IiiIJ
sum olaLof all taxespaidby tern IF
clairaanls > r under time Virginia rAnlsTt
litigation sincc thc organization of i
Kentucky 1792 to the present lime
does not exceed 75
Recent legislation in Kentucky re
sulted in decisions by the State
courts whch practically took away g
any title which the clriimants under
the blanket grants might have had fl
These claimants now come to the Su
preme Court in a final appeal de If
nouncing the legislation as a spot 1
and lawless consfication
lation consficationij
rcvolutionaiy and subversive of al
constitutional and orderly govern
men 1 conT
On the background of legal con j
est are many stories of conflict am
suffering resulting from the confusioi
of ownership
Funeral Services Conducted at the
Grave By Dr J L Weber of Jack 2
son Tenn
The remains of Dr W Miller were
laid to rest i tithe Winchester cem
etery Saturday morning The remains
were taken from the BrownProctoria
hotel at 10 oclock to the cemelery
followed by a large number of hie
friends The services were confluct
ed at the grave by Dr J L Weber
of Jackson Tenn and the Elk
Lodgcof which he was a member
Following were the pallbearers
ActiveW IT Gainer ff C Robin
D Simpson and 0 S Jolmsoih
Honoraiy Dr GeoO Graves BI
F Johnson B F Curtis Marcus
Bean A Hood Hampton J W Clam
hers and Elder J W Harding
Mr W B Wills has sold his farm
near Thompson Station to Shields
Campton for 34000 possession giv
en March 1
FOR RENT New modern ions t
lFORRENTN 354 Boone avenue
from DecemlterXe Jo M1r Wfi
7 4 <
Fair Tonight and Sunday With Slow
ly Rising Temperature
4 3 peals to Voters to Send Byrd to
7 Congress
The meeting Friday afternoon at
J i = the Courthouse was an enthusiastic
> one The big Congressman from the
First District held the attention of
tlir e audience till the end The News
r report closed before the end of the
speech Congressman James further
said in part
X I win in favor of the election of
V Senators by the popular vote of the
people and then we can weed out a
lot of the men who are robbing the
You know that Roosevelt recently
went into a aeroplane and I believe
I the reason lIe did was tosee just how
iMiigh the Republicans had raised the
tariff The tariff on calico was 35
cents now it is 55 cents and other
cotton goods have been raised al
most as much and some more John
Langley voted for these schedules
I voted against them for the interest
of the people I can go back to my
people and ask them to send me back
to Congress but I cannot see how
Mr Langley can
Gus Willson promised the peo
ple that he would not pardon the
murderers of Gov Goebel but what
did he do pardoned Caleb Powers
It is one of the most scandalous
things that will ever go down in his
f tory
This tariff has almost ruined the I
United States Dp you know why
Ih1i1 j
iiem of the old log cabin 1 It is j
because they have driven more peo
ple to live in log cabins than any
thing else Did you know when you
come to trusts and monopolies that 1
the tariff is the mother of them
When a man in the mountains distills j
a little liquor the strong arm of the j
government reaches out arid gets him
or if some one steals a postal card
But it has let the large trusts who
are robbing > the people o unpun II
ished It iiis also prosecuted the IJ
ol farmers who have been fighting the i
tobacco fiust5Itt lids zilsbrosecut
ed the J 11orsk qfothe Country ai7R
riiimi 111 0 3B PiV TV vr I
says that labor unions are in viola j
tion of the antitrust law
Think of a government spending
one billion and ninety million dollars 11
t i4 in one year to run the government I
More than you can sell the entire I
crop of wheat raised in the United I
States for This must be stopped
I want to appeal to you people to
elect an honest upright citizen of
the United States in every sense I
want you to go to the polls and votcI
for A Floyd Byrd I am for an in
come tax Democracy went through
the wilderness fighting for it It is
now coming to the light Equal
rights to all people special privilege
rf to none j >
< a
Is Offered on the Breaks at Lexing
ton and Prices Friday Range Very
a very common lot of 28WithI
I11IRlket Friday prices were in keep
ing with the grades offered the bulk
of it going at 7 to 10 cents Some
went as high as 17 cents but pric
es better than 10 or 11 cents were
comparatively few
Only about 30000 pounds were
sold and the American Tobacco Com
pany took the bulk of that though
the independent buyers went a little
sWnger th an they did on Wednesday
and Thursday
There has been considerable ob
lection by the buyers to the wet to
bacoc that many of the farmers have
been bringing onto the early market
and public announcement was made
of this Friday morning at the close
of the sale at the Farmers ware
house when after the buyers had
objected to some tobacco that had ap
parently been allowed to stand un
der a leak in the barn or else had
Been sprinkled in ordert o bring it
into cmsoW A Lea of the Far
mers warehouse made a short talk
advising the farmers against such
practice and showing them wherein t
they hurt themselves by doing it and
explained that he buyers were pro
testing strongly U rust such tobac
co as most of them could not use
The lowest price of the season so
far was paid Friday morning when
sonIc veiy inferior trash that was
good for little more than fertilizer
was sold for two cents a pound
Sales were held at thc Lexington
Shelburne Farmers and Growers
houses but al Ithe sales were small
At the Lexington house 10220
pounds wer sold at prices ranging
from 650 to 17 cents at the Shel
burne about 6000 pounds were sold
at 5to 165 cents ct the Far
mers house 5000 pounds were sold nt
prices ranging from 4to 1575 and at
the Growers house 9500 pounds were
sold the prices on all exeept three
baskets of an exceptionally bad
crop ranging from 6 to IGccnts
The three baskets of very low grade
trash were sold at 2 2 9and 28
There will be no sales on the loose
leaf market here Saturday it being
customary to have no auctions on
that day The next sale will be held
Clark County Construction Company
Files Statement With County
Judge Evans
The Clark County Construction
Company riled Friday afternoon withI
Judge Evans its statement of the
reasons for abandoning work on the
county roads and why it considered
that tfee county had violated the cOn
Mr D S Gay the president in
speaking of their statement said
It is up to the people now They
want good roads they are the one
primarily interested If they allow
the same old gang to run things at
formerly the roads will be In the
same old condition
Judge Evans wnd his friends hLweI
had a machine here for years They
have paid political debts with the
roads they have used the roads h
influence cleetions They do not
Xfolnftheinoney spent to the best ad
v wtag as it would be done by build
ing pikesfClth modern machinery
They want the old hand system
breaking rock and spreading it
They cannot forgive the Construc
hon Company for convicting them of
doing business in violation of law
They resented at the time and they
still resent the idea that we had the
nerve to appeal to the courts to have
roadwork done In the legal way
The County Judge card Road Sup
ervisor have usurped the province oi
thc Fiscal Court They prepared
specifications which no other Fiscal
Court ever presented and made then
as indefinite as possible in order thai
the Construction Company would be
at their mercy if they got any of the
contracts But we believe the people are with
us in our fight We have equipped
modern pluntT are better pre
pared than any other company in
Kentucky to build good roads and we
believe the business mea and the
farmers of this city and county will
insist that the roads be managed in
a business like way and that they be
no longer the tail ofa political kite
The following is the statement ol
the company
Winchester Ky Oct 28th 1910
To the Clark County Fiscal Court
Gentlemen In response to the in
vitation to attend your meeting Fri
day the 28th inst presumably to
have us state more fully the reasons
for our notification to the county that
it has broken its contract with us
and that we would avat t4Q any more
work upon the pikes we are of opin
ion that a verbal wrangle would be
useless and that a deliberate statement
raqnt in waiting of our position would
be more satisfactory to all parties
We can say in a aiutsliell that the
controlling facts which ha Ve been the
source of all the trouble are in our
opinion the disappointment of the
County Judge and Road Supervisor
that we succeeded by a law suit in
forcing the public letting of the
roads their further disappointment
that we were given any contracts and
their consequent determination to
either force us to abandon the con
tract or to lose money on it so that
neither we nor any other Construe
tion Company mould ever dare bid
another year and thus the construc
tion and repair of the roads would
fall back into the realm of p iti all
jobbery from which a Aviso law of R the
State has allemptedto fescue them
Services Will Be Conducted at the
Courthouse on Sunday Morninf
and NightVI
Rev Mr Hobbs of Mt Sterling
will preach for the new Baptist
church at the Courthouse Sunday
morning at 11 oclock and Sunday
night at 7 oclock Sunday school
senices will bc held at 930 oclock
the courthouse
e close of sales of the week on the r
local auction breaks Friday after
noon figures Vere given out by the
Louisville Leaf Tobacco Exchange
showing tlmt Louisville is in no dan s
of losing its distinction as the
largest tobacoc market in the world
Old Burleycorms smokers strip
pers cutters and natural leaf fillers
were fully onehalf cent higher Tho
highest price realized on the offerings
the pool was 1925 this price be
g brought by a hogshead of good
colory tobacco
The American Tobacco Company
took a leading part in the bidding and
bought heavily of the offerings e >
pecially of the better grades Offer
tugs of new burley continued of poor
quality and in poor condition How
ever there were a few hogsheads of
colory grades wjiich met witli a good
demand and desirable leaf sold fairly
well but low grades were lower
were no sales of pool < burley tOjbac
Friday but more of tlie 191151
crop will be offered on VfhV focJil
breaks Saturday
Little of timed 1910 crop lia jbcqn
scat to the local marletI
I I 31
Frjdayj November is Set Apart For
7KlPurpidse of faking Subscriptions
in County Schools
On Friday Noemb r 7th tie
schools in the county will make a
subscription of the orphan school ut
Louisville This day has been set
apart for this purpose and the sup
erintendent will request that some
form of enterlainment be arranged
and trusts that a nice collection can
MHERS taken 4 OF
Hold Interesting Session at Wades
IMill Schoolhouse Mrs Fannie
Tanner is in Charge
The meeting of the Teachers As
ociation of Educational District No
at the Wades Mill schoolhouse Fri r
day wrs one of the best that has been
held this season Mrs Fannie Tan
ner vice president presided over the
meeting Dr A P Goodwin deliver
ed the fvdco bertddres5 which was
responded toby County Superinteinl
cut J E Lamar Foll6wing wars the
Welcome Address Dr X111 G cad
Response J E Lanter
JRrimary Rcading rMiss Clemma r
Anderson I
Responsibility of the Teacher
Jiliss Della Roland t
Sanitary Cbnditiohs = Miss 3Liud
Craig 0 u
Sjtjhopfe tt Mrs Ilubbarf
Supplementary WorkMiss Fdn
me Clark C
Importance of i Mdnfal Arithme
ticllls Fannie Tanner
Relative Importance of Ldnjfuage
and Technical GramiajU = Mass San
ah Clarkrr i
Spelling Matcir Miss Armiiia
Sca ell
Devotional Exercise f lies fun
nah Hodgkin I
As a writer 61 leUiw t e wiau
fro tz eta Dirt the weatltirr rte 5i
AtL olPti
urea t f
nnW y
I t
l t

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