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2018-02-13 / Looking Back

Looking Back

100 Years Ago, SATURDAY, FEBRUARY 16, 1918

THE WEEK IN WALTON

What We are Talking About at the County Hub

APPOINT FOOD ADMINISTRATOR

Thief Breaks Into Store - Dog Tax Again Due - Disposal of Co. F Truck and Funds.

The Walton post office sold $1,400 of war saving certificates and stamps one day this week. Over $10,000 of the certificates have already been sold here.

I. D. Smith has purchased the house on Stockton avenue formerly occupied by Prof. F. R. Darling, of C. H. DuMond of Starlight, Pa. Mr. Smith has made no adjustment as yet of the insurance on his house on Gardiner place damaged by fire last week.

Suspension of the heat less Monday program was announced Wednesday by Fuel Administrator Garfield, with the reservation that it may be put back into force before the ten weeks period expires, if a return of bad weather brings another breakdown in railroad transportation.

Hazen Kelly, ambulance driver and champion bomb thrower, will relate his experience in France in Walton hall, Saturday evening, February 23. He comes as the next number on the lecture course in place of Sylvester A. Long, who was compelled to cancel his engagement.

Last Wednesday Lynn Loomis, son of Mr. and Mrs. Miles Loomis of Sidney, went to Binghamton and enlisted in the army as an auto truck driver. He returned to Sidney and on Friday again left for Binghamton to complete his enlistment and from there he expects to leave for a camp in Texas.

Farmers and stockholders of the Walton Farmers Dairy Company, owners of the co-operative creamery, should remember the annual meeting of the stockholders which will be held next Tuesday, Feb. 19, at one o’clock in the court room of Walton Hall. A director is to be elected for five years in place of Samuel McDonald.

A number of pheasants have been nesting along the river bank and during the cold weather appeared regularly near the home of George A. Peck, Stockton Avenue, who gave them feed. Four have appeared together at one time. During the past few years a large number of the birds have been released in the vicinity of Walton by sportsmen. They are protected by law.

Albert Caswell, one of the selected men sent to Camp Dix, N. J., from the Walton district on September 29, is now in France. His parents, Mr. and Mrs. William Caswell, have received word of his safe arrival. Frank Day of Sidney, another of the drafted men, has been in France for some time with the engineer corps. Ralph Caswell, a brother of Albert Caswell, is in the navy.

Arthur J. Courtney has been appointed county food administrator under the federal and state food administrations. His duty will be to see that the rulings and orders of the food commission are enforced in the county and to give publicity to such orders. He serves without salary and no provision is made to defray the necessary expenses. Mr. Courtney expects to appoint a local food administrator for each town.

At a meeting of the Company F fund committee Wednesday, it was decided to have the automobile truck purchased for the company shipped to the depot unit at Elmsford, N. Y., as its further use at Camp Wadsworth may cause government complications. It was also voted to place one-third

of the fund at the disposal of a committee of five selected from members of the old Company F at Camp Wadsworth, who will pass on all cases in camp necessitating the use of any of the money, with authority to draw on the fund to that amount. The balance in the fund will be held in the Walton bank for the present.

The store of H. B. Goodrich, on Delaware street, was broken into Tuesday night and the cash drawer rifled. The thief obtained entrance by breaking out a cellar window. The door from the cellar to the store was open. The cash drawer was broken open with a file and all the change left there taken. Mr. Goodrich had removed all the bills, but about $5 or more in change was left in the till. The thief was evidently a smoker for he helped himself to a number of packages of tobacco and then made his exit by unlocking the door to the store. There are well  founded suspicions as to who committed the theft but no arrest has yet been made.

Town clerk John S. Eells has received the blanks for the 1918 dog license. The dog license law went into effect June 1, 1917, so that owners paid a year’s fee for nine months’ license. A bill is now before the legislature to change the license year so as to begin June 1. However it will be necessary for all owners of dogs to have them licensed as of March 1, 1918. The licenses must be secured before March 31, and the fee is $2.25 for males and $3.25 for females. Last year Mr. Eells remitted $857 in license fees to the state. The law provides that surplus funds received from the license fees, after paying administration expenses and claims for damage by dogs, shall be remitted to the several towns and cities from which received.

NOT HOARDING POTATOES

Inability to Market Them Owing to Railroad Conditions.

As the result of a special investigation which has been conducted by Director H. E. Babcock of the Bureau of Conservation of the New York State Food Commission, special efforts are being made to counteract the charged that potatoes are being hoarded by the New York state farmers and to induce a greater use of potatoes. Director Babcock states positively: “New York state farmers are NOT hoarding potatoes. They have simply been unable to market them because of the extreme cold weather, the uncertainty of securing cars and the unsatisfactory condition of railroad transportation. There is hope that the latter condition will soon be better, through co-operation between the Food Administration and Director General McAdoo. Farmers will continue to be up against bad roads for a long time.” Director Babcock also warns against undue increases in retail prices. “Profiteering,” he says, “should be guarded against and any evidence which is found should be reported immediately to the county good administrator. The farmer must get his cost of production if there is to be a normal planting this spring and only in this way can a reasonable

supply of potatoes or a fair price be assured for the coming year.”

HILL ENTERS RACE FOR CONGRESSMAN

Broome Senator Announces Candidacy Against Fairchild

SOME POLITICAL HISTORY

Sam Jones Affair May Seem Like a Pink Tea - What will Hinman Do?

The supposition that Senator Hill of Broome county would not be a candidate in the Republican primaries against Congressman George W. Fairchild was knocked into a cocked hat when the senator came out this week with an announcement that he would be a candidate. The ancient rumpus that took place when Greek met Greek will seem like a Sunday school picnic when the contest between Fairchild and Hill gets into full swing. It will be the hottest fight this congressional district has ever seen. The 34th Congressional district comprises the counties of Broome, Chenango, Delaware and Otsego counties. Fairchild is a resident of Oneonta, Otsego county; Hill of Johnson City, Broome county. Fairchild is a very wealthy man; Hill has the unlimited financial backing of George F. Johnson, the millionaire shoe manufacturer, of Binghamton. The sinews of war, therefore, are not lacking. During the contest for supreme court judge last fall, it was stated that at a conference between Chenango, Cortland and Broome county politicians it was agreed that the congressional nomination should go to Broome and the senatorial to Cortland in return for the support of Judge Hill. In confirmation of this report the happenings at a “venison dinner” at Binghamton’s swell hotel not far back have a direct bearing. At that dinner Judge Hill nominated Senator Hill for congress and pledged the support of the Chenango county Republican machine. He further announced that Chenango would not support a Broome county man, but a Cortland man for senator. Broome and Delaware are not now in the same senatorial as the recent reapportionment put Broome, Chenango and Cortland in the new senate district. Now, if Judge Hill can swing Chenango county against Fairchild and Senator Hill get his own county by a substantial plurality, he would have the best chance to win. While it is certain that Otsego and Delaware will both go for Fairchild, the large Republican vote of Broome would decide the contest in favor of Hill. But Broome county won’t give a solid vote for Hill by long odds. There is a bitter factional fight there between the Hinman and Hill forces. It is pretty safe to assume that he Hinman organization will be fore Fairchild. Not only this, but Fairchild has large business interests in Binghamton and is strong in that city. The feeling over the late supreme court primary is still bitter there. Theodore R. Tuthill was a candidate for supreme court judge. In order to accomplish his defeat former county judge Robert S. Parsons became a candidate for the express purpose of dividing

the vote of Broome county. There was not the slightest possibility of his nomination. He didn’t have a ghost of a show and knew it. Apparently Parsons could see nothing unseemly in entering a race simply to beat a fellow townsman, but he drew enough votes to make the scheme a success. His candidacy beat Tuthill and everyone in Broome county believes that he Hill vote went against Tuthill and for Parsons. There is a report that Hill agreed to keep his hands off in the judgeship. The result indicates that he report was mixed; it was a laying on of hands in a manner peculiar to Broome county. That the followers of Senator Hinman in Broome county will fail to take advantage of the situation is not to be expected. If Tuthill was knifed in the judicial primary by the Hill forces, why should not the compliment be returned when Hill himself comes up? The dove of peace isn’t hovering in Broome county or anywhere else this year. As for Chenango county, probably Judge Hill has that in his hand. But there, as elsewhere in the district, Republicans have been voting for Fairchild until it has become a habit, and habits are hard to break as Sam Jones can bear evidence. The Fairchild-Jones contest was a one-sided affair although Samuel made considerable noise. The Fairchild-Hill will be a quiet affair comparatively, but a real fight from the word go.

IN HALIFX EXPLOSION

Margaretville Soldier Discharged from Service on Account of Injuries.

Lynn J. Halleck is the first local man to be injured in the present war. He was in Halifax at the time of the terrible disaster there about the middle of December, and was injured so severely that he was only discharged from a hospital last week. He had been stationed in Canada for a short time in December and on the day of the explosion was in a room on the second floor of a house with several other soldiers. One of the officers heard a peculiar rolling noise and jumped to this feet with a question as to what it was. Halleck say this was followed by a sensation as though the end of the house fell out, and this is the last he knew until he recovered consciousness in a big hospital with a Red Cross nurse and his lieutenant leaning over him. He asked what had happened and was told that he must be quiet and that he would be told later. The next day the nurse told him the story of the disaster. Halleck had been covered with wreckage and it was 12 hours before he was found and taken to the hospital. It was 48 hours before he recovered consciousness. He was later taken to a base hospital at Quebec. Among his injuries was a dislocation of the hip. This is so serious that he has been discharged. He arrived home last Thursday and this is the first that his family or the community had known of his injuries. He is to report in two months and will then receive his final discharge or may reenlist, if he desires. He enlisted in the regular army last spring and went from there to Fort Slocum soon after war was declared. Two of the men who were in the room with him were killed. – Margaretville News.

McLoud Cited for Gallantry.

Lieut. Paul McLoud, formerly chief engineer of the state highway department, has been cited for gallantry in action, by Sir Douglas Haig, the British commander in chief. Lieut. McLoud, was who was connected with the American engineers, gained recognition in the fighting that followed the British advance at Cambral in November. McLoud was at one time stationed in Binghamton.

FEW IMPORTANT CASES IN SUPREME COURT

Matters on Trial Mostly of Local Interest Only

RAILROAD SUIT TO GO OVER

Trepass Suit, Contract Cases and Hobart Sewer Matter Heard - Justice Kellogg Occupies the Bench.

Justice Kellogg arrived in Delhi early in the forenoon Monday and shortly after ten o’clock he opened the February term. There were few lawyers or others in the courtroom, and attention was directed to hearing such motions and matters as individual attorneys wished to present. The jurors were not nearly all present but the roll was called and three excuses were granted by the Court. The other jurors arrived at four o’clock in the afternoon and all were sworn for their duties then. William H. Roberts of Davenport Center was named foreman of the grand jury and after an explicit charge by the Court that body retired to their rooms for deliberations. There was quite extended argument on a motion to put No. 3 on the preferred calendar over the term. This is an action for damages for the killing of Robert H. Tuttle, brought by his widow, Mrs. Sarah Minnie Tuttle. Tuttle was struck by an O. & W. train at East Branch on August 20, shortly after six o’clock in the evening, he being on a Standard Oil Co. truck as driver, death being instantaneous. Miller & Matteson are attorneys for the plaintiff, and Fancher & Fancher for the defendant company. S. H. Fancher, Jr. presented the reasons for a postponement as being the demand on the part of the government and the public for the greatest efficiency on all railroads and the scarcity of railroad employees. He argued that if this one train gang was brought to court it would mean the loss of two more days for a full crew of men, and this would hamper the work. The motion was vigorously combatted but the court granted the delay to a later term. Mr. Matteson, who appeared for the plaintiff, could not see the reason for delay as presented by Mr. Fancher, and insisted that it was greatly to the interest of the widow to have the case tried now, as she was going to leave the state and her plans had been made. He could not see how it would greatly hinder the business of the railroad company, as the men would not be required in court more than a day, and his client was entitled to an immediate adjustment of her claim. The court, however, considered the exigencies of the times as to railroad an important matter, and ordered the case put over to the May term. The damage cause of Antoinette LaValley, as administratrix of Newell LaValley, to recover damages from the O. & W. for Mr. LaValley’s death, also passed the term. He was killed by a train at Fishs Eddy. The last case on the calendar, No. 89, was put over the term also, against the objections of Miller & Matteson. This was a case where the cancellation of a mortgage was demanded by the plaintiffs, George W. Merritt and another, the defendants being J. Russell Shaw and another. They reason for the motion was that W. F. White, attorney for the defendant, is in western Canada, and S. H. Fancher, Jr., appeared for him in seeking that the case go over the term. Mr. Matteson claimed that as defendant Shaw was going to Canada soon and is an important witness for plaintiff, it was really necessary to have a trial now. It was finally agreed that the case be heard before Justice Kellogg in chambers in Oneonta about the first of March. Monday afternoon, at the usual time, these causes were placed

upon the day calendar for trial. Few Cases Ready for Trial The Night Commander Lighting Co. against Louis Schumann, action for enforcing a contract for a lighting outfit; the Village of Hobart against Joseph W. Raynor, to collect penalty for not connecting with sewer; Nears Food Co., Inc., against Wm. H. Clement of Andes, for collection of an account for feed; Della B. Froude against Chas. R. Fleischmann, for enforcement of contract; Clarence Haddon against Arthur Penny, a breach of contract case. In the action brought by Thomas McAuley of North Kortright against George D. Taylor of Stamford, the argument at this time was on a demurrer on the part of the defendant. Walter Scott appeared for the plaintiff and John P. Grant for defendant. The matter was briefly argued before the Court and left for his determination, but he next morning the attorneys announced an agreement out of court. In the action of Williams Brothers of Hancock against the Erie R. R. Co. for damage by fire a motion to put over the term was also made by Mr. Painter, of the firm of Lyon & Painter of Binghamton. The senior member of the firm, who had this matter in hand, was unable to attend court now and it would be impossible to go on. L. C. Carpenter, for the plaintiff, argued that it was a hardship to his clients and insisted that the trial be had at this time. The case was put over to May with the understanding that further delay would not be asked, and the payment of $10 term fee and expenses of witnesses. During the afternoon a very fine bouquet of flowers was sent up to the bench and continued to adorn the same. Evidence was taken by L. G. Carpenter in the divorce proceeding of Emma Bush against Frank C. Bush before adjournment Monday, and continued Tuesday morning. There was no defense offered in the case. Tuesday morning Mrs. Carpenter moved for a dismissal of the complaint in another divorce case, Edwin R. Callender against Jennie Callender. There was no appearance for the plaintiff and the motion was granted.

Didn’t Connect with Sewer. The first jury case called was that of the village of Hobart against Joseph M. Raynor, an action for penalty now amounting to over $4,000 for failure to connect his dwelling with the village sewerage system. After the jury was selected John P. Grant, for the defendant, moved for a dismissal of the action for the reason that there was no ordinance made by the trustees on this subject which was legal, and enforcement was improper. At considerable length he quoted from the statues to emphasize his contention. The ordinance sought to be enforced not having been legally enacted, he insisted on the dismissal. A. L. O’Connor, of O’Connor & O’Connor, quoted law to sustain the action of the village officers and that the said ordinance was enforceable. The Court denied the motion for the present with the understanding that he would carefully examine into the legal problems of the case. After examining witnesses for a time on the part of the plaintiff, it was decided to dismiss the jury and to allow the Court to pass upon the law in the case. The facts were not in controversy, apparently. The penalty for the negligence, as fixed by the trustees, was five dollars and five dollars additional for each day of default.

Lawsuit Over Poultry Feeds. The case of the Nears Food Co. against W. H. Clement was not concluded until nearly six o’clock Wednesday. It was a question whether the defendant signed or authorized the signing an order for Nears’ stock and poultry foods, which the plaintiff calls a contract. The plaintiff alleged that through their agent, a Mr. Hovey,

of Oneonta, defendant verbally agreed to become responsible for his sons who were conducting a store in Andes village, and were to deliver goods to farmers and retain as commission two cents a pound on the goods. The alleged contract was said to have been signed by John T. Clement, son of the defendant on the 21st day of August, 1916. Orders were taken from farmers during three days, August 17, 18 and 19, and each memorandum signed by the farmer stated that it was an absolute sale. The defendant denied that he gave any authority to his son to sign any such agreement. The amount of the sales was $126.50, and interest was demanded from December 1, 1916. The goods were taken from the station at Andes by John T. Clement, but he only delivered to the farmers a part of same, and the balance is in storage in Andes. The case of The Night Commander Lighting Company against Louis Schumann was taken up before the court during an interval in the trial of the above action. This is a case for recovery on a lighting plant, the defendant refusing to have it installed because the freight was not paid on the same. O’Connor & O’Connor appeared for the plaintiff and John G. Johnson for defendant. The station agent at South Kortright and William Clark of Hobart were sworn, jury having been waived, and further hearing was adjourned to Saturday, at chambers in Oneonta. The plant was levied on while at the station in an action against the lighting company, but released, and the matter has been in court for a year and a half.

Davenport Claims Trespass. Wednesday evening just before adjournment the case of Nelson Davenport against Lewis F. Stockman was advanced over some others on account of two witnesses being soldiers from Spartanburg, S. C., whose furloughs expire Saturday. A jury was drawn but not examined that evening and the trial proceeded next morning. E. O’Connor appears for the plaintiff and A. L. O’Connor as counsel, while H. J. Hewitt was attorney for defendant, with F. W. Youmans as counsel. The plaintiff alleges that defendant is trespassing on his land and cutting timber thereon, land being in the town of Franklin. The trial was one of surveying instruments, 3 or 4 civil engineers being in the case. One was on the property as late as Wednesday of this week, it is reported. It does not seem likely that court will hold over the next week.

INSURANCE GOES TO ESTATE

But surrogate Orders Repayment of $1,800 to Mrs. Ernest Williams

A decision has been handed down by Surrogate Shirley Huntington of Otsego county in the contest over the insurance upon the life of the late Ernest Williams of Oneonta, formerly of Pepacton. Mr. Williams had a $5,000 endowment policy which originally had been made out to his wife as beneficiary. Mrs. Williams had always paid the premiums, it was stated. Later, without her knowledge, Mr. Williams changed the policy to make it payable to his estate. After his death it was found that by the terms of his will two thirds of the estate was left to a niece, Dorothy Williams and one third to the widow. After the will had been probated with James L. Clark of Sidney as executor, the widow commenced a proceeding to have the amount of the policy paid to her directly, she alleging that the same should be paid, as her moneys had gone to pay the premiums. She engaged a formidable array of counsel, including Arthur E. Conner of Walton, Judge L. F. Raymond of Franklin and Charles R. O’Connor of Hobart.

Gibbs, Holmes & Holmes appeared for the executor. Surrogate Huntington named Hon. Charles C. Flaesch of Unadilla as special guardian for the infant, Dorothy Williams. Judge Huntington has rendered a decision that the proceeds of the policy shall go to the estate after the repayment to Mrs. Williams of the sum of $1,800, the amount of the premiums paid by her. An appeal to the Appellate Division will be taken by Mrs. Williams, it is stated. In the same proceedings Mrs. Williams sought to recover as her property a Buick automobile, which had been appraised as part of the estate. The value of the car was placed at $800 and the widow alleged that the machine was her individual property. The court orders that she be given the automobile.

MILK LICENSES LEGAL

Court of Appeals find Mackey Bonding Law Constitutional

The Court of Appeals in a decision handed down in Albany Tuesday upheld the constitutionality of the provision of the agricultural law requiring those who buy milk from farmers for shipment to a city for consumption or manufacture, to obtain licenses and give security for payment to the producers. The attack on the validity of the law was made by the Beakes Diary company of New York, which refused to apply for a license and give the required bond. The appellate division, third department, held the law to be unconstitutional. This is reversed by the higher court. The company contended that the law was class legislation and violated the constitution in that it denied equal protection of the laws, as an improper exercise of the police power and makes violation of the statute a misdemeanor instead of providing a penalty. The state demanded a penalty of $100 a day for each of 298 days the company did business without a license. The court denied the right of the state to recover successive penalties and that the company could only be charged with doing business without a license and one penalty recovered.

VIOLATE EXCISE LAW

Grand Jury Indicts Several for Offense

The grand jury reported in Supreme Court Thursday and were discharged. They found eight indictments, and three of the prisoners were arrainged Thursday. Fred Foster, indicted for burglary, was sentenced to Elmira reformatory. His home is Stamford. Abner Moshier of Union Grove, indicted for violation of the Brown excise law, pled guilty and jail was sentenced to forty days in jail. Justice Kelogg then suspended the jail sentence during good behavior. George Swartz of Fishs Eddy, who has enjoyed the sheriff’s hospitality since last fall in default of bail, pled not guilty to an indictment for alleged violation of the Brown excise law. As he is unable

to furnish bail he must remain in jail. There are other indictments for excise law violation.

HOW MUCH IS HORSE WORTH?

Value Placed at From $40 to $175 in Hobart Lawsuit

The case of Ernest Starley vs. Aaron Constable occupied the attention of Justice Blish and a number of the townspeople at the town hall last Wednesday. According to Starley he had a pair of bay colts and traded them to Constable for a brown horse, sound and all right. Under the agreement Constable obtained possession of the colts, but before Starley got the horse he found that it was blind and balky and so demanded that the colts be returned to him. Constable objected and offered to trade a couple of bull calves for the colts. This Starley claims to have refused to do, and Constable claims that Starley agreed to. At any rate it seems that Constable still retained physical possession not only of the horse and the colts, but of the bull calves also, and this action in replevin was brought to Starley to obtain possession of the colts. In the trial there developed that difference of opinion as to the value of horses and calves that makes horse races and horse trading possible. According to Starley the colts were worth from $150 to $250, the horse about $40 and the calves $50, but according to Constable the colts were worth $50, the horse $175 and the calves $50, but according to Constable the colts were worth $60, the horse $175 and the calves $50. And in the course of the trial it developed that the horse had recently been sold for $40. The jury rendered a verdict in favor of the plaintiff, Starley, O’Connor & O’Connor appeared for the plaintiff and Ives and Craft of Roxbury for the defendant. –Hobart Times.

DONALD A. GLEASON KILLED

Donald A. Gleason of Delhi, a cadet in an aviation camp in Texas, was killed Thursday in an aeroplane accident, according to a message received in Delhi Thursday. He enlisted last summer and after attending a ground school was sent to Texas for actual training. He was a son of Mr. and Mrs. Wallace B. Gleason. A sister, Miss Louise, is court librarian in Delhi.

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