St. Joseph Daily Press from Saint Joseph, Michigan • 1

TOEVEATnER- 7rn EPH BAIEY PK cincuLATicrj Over ZJtSO dally, read If ftaciZ tally 11,000 people every day. I thin worth anything to yoat Fair tonight with froet; Salur. day lair. TWENTIETH YEAR JOSEPH, FRIDAY SEPTEMBER 9,1910 TRICE TWO CENTS 3 JOS iimmn nip MT. CLEMENS GROCER HELD UP AND ROBBED 39 UnQUI AGED BERRIEN COUNTY MAN DEAD IN PETOSKEY INJUNCTION GRANTED IN WATER CASE REQUEST FDR RECEPTACLES Barren jLake Supply In volving Niles Company Decided JUDGE DES VOIGNES HANDS DOWN OPINION IN MATTER OF IMPORTANCE.

IN COURT 10 YEARS Niles in the Fight For Water Supply Is Obtained From Lake in Question Resort Owners Sought to Stop Lowering of Lake Level By Pumping Through Mains to South End City Court Decides That Decree May Eventually Disjtose of the Case Which Was tried in Cass County. Cassopolis, Sept opinion has just been filed case of Robert Kennedy et 9. An in the al, vs. the Niles Water Supply company, defendants, granted a restraining order as prayed for. The case has been in the Cass circuit court for two years and the proofs and arguments were completed last May.

The case was taken under advisement by Judge Des Voignes. The complainants are the owners of summer homes at Barren Lake, and filed the bill asking an injunc IS OUT FOB TIE SEPT. TEI Number of Cases About Same as Others at Beginning of Term PAST SUMMER HAS BROUGHT ABOUT QUITE A NUMBER OP CRIMINAL CASES. EIGHTEEN GASES CITED List of Criminal Cases Will Be Added to Others Forty Chancery Cases and Forty-eight Civil Cases Listed For Trial and Hearing at Coming Session Court Will Open September 12 Under Recent Order of Judge Coolidge. Circuit court will open next Monday morning with Judge Coolidge presiding, an3 during the term quite a number of criminal cases will come up for a hearing, besides the chancery and civil cases, and as usual the criminal cases will be tried first.

The first day of the term will be given over to reviewing cases and making the assignments, but several prisoners now in the county jail will probably be allowed to enter pleas before the court. Criminal Cases. In the list of criminal cases there are five cases that come under the violation of laws governing Sunday or holiday closing, four keeping game rooms and gambling. The list thus far shows twenty cases. In two instances are double counts against the same person.

In one instance keeping gaming room, and the other running open saloon on holidays. People vs. David J. SWwart, peddling without license. People vb, Frank D.

Gable, keeping gambling room. People vs. James Lawson, selling diseased meat for food. People vs. James Dwan, keeping gambling room (two counts.) People vs.

Edward Dwan, keeping saloon open on Sunday. People vs. Edward Dwan, keeping saloon open on holiday. People vs. Arthur LaVigne, assault with to rape.

People vs. Julius Robinson, attempt, to steal from person. People vs. Wm. Pflughaupt, per jury.

Peonlp va. Edwin Alllson.takine indecent liberties with child. People vs. Ashley Smith, keeping saloon open on holiday (two counts) People vs. Frank Needham, keep ing gaming room.

ing saloon open on holidays. City of St. Joseph vs, David Stewart. appeal violation of ordi nance. LAKE WEATHER.

Lower Michigan Fair tonight with frost; Saturday fair. Lake Michigan Moderate northwest winds becoming light and vari able tonieht and Saturday: fair weather. All warnings down ten a. m. COMPLETE LINE OF SCHOOL BOOKS AT BURKHARD i 0-2-6t Get our prices.

Truscott Boat Auto Supply St Joseph. 4-9-tl STRANGERS PULL OFF DAY LIGHT JOB AND GET AWAY WITH PLUNDER. Mt. Clemens, Sept. 9.

Two more hold-ups, one in broad daylight, were added to this city's record since Thursday night. J. C. Bannow and Charles Henzel, of Akron, were returning to Bannow's home from his place of business at about midnight when they were accosted by two strangers with a demand for money. One of the strangers carried a gun.

He was felled by a blow from Bannow's fist. Henzel took to his heels and aroused the police, but both men escaped. At one o'clock yesterday afternoon a man entered the grocery store operated by Ludwig Simons and made a small purchase. In making change Simons had recourse to a roll of bills in the pocket of a coat hanging on the office wall. Later another man entered and, while he engaged the storekeeper's attention, the first stranger slipped into the office and secured the wallet, which contained $75.

Both men answer the description given by Bannow. BELIEVES THAT ATTORNEY KAV-ANAGH OUGHT TO BE ON THE TICKET. WRITES OPEN LETTER Attorney Kavanagh Willing to Make Affidavit that Arty. Stevens Told Him That the Candidate Receiving the Least Number of Votes Between the Two North End Candidates Would Withdraw. In the controversy regarding the nomination for circuit court commissioner and the agreement entered into by the three candidates for the office, relating to tne withdrawal of the one receiving the lowest number of votes, Attorney Charles Kavanagh of Berrien Springs, stated today that he was willing to make affidavit to the fact that Attorney Stevens agreed with him and Mr.

Banyon In Mr. Stevens' own office, that if he (Stevens) received a less number of votes than Banyon, he would with draw, and that if Banyon received a less number of votes than himself he would see that Banyon withdrew from the place on the ticket. As a result of the controversy At torney Banyon today wrote the fol lowing letter to Attorney Kavanagh, stating that he was going to with draw in order that Mr. Kavanagh might receive the second nomination which he is justly entitled to. This comes from" Attorney Banyon unsol icited, but In a spirit of fairness and political honor to the south end attorney, although he received the highest number of votes, Mr.

Banyon declared this noon that he had de cided to withdraw. Following Is the letter: Atty Charles Kavanagh, Berrien Springs, My Dear Sir: I deeply regret that a controversy has arisen over the circuit court commlsionershlp and particularly (Continued on Page 6.) tion restraining the defendant com-lin IIIIHlL UHOC WILL GOME UP SEPTEftlBER 20 Famous Trial Called For That Date in St. Louis, Mo. ATTORNEY BACON HAS NOTIFIED NILES WITNESSES TO BE ON HAND. WANT NO IRE DELAYS Suit is For Collection of $25,000 Life Insurance Held On George Kinunel, Whom Plaintiff, Ada Bonslett, Declares is Dead, and Tliat No Proof Exists That He is In the Land of Living Insurance Company Fight on Ground That Kimmel is Alive and a Prisoner at Auburn, N.

Y. Positive information has reached Niles from St. Louis, In the form of a personal letter from Attorney Fred H. Bason that the famous Kimmel case will come on for a hearing in the United States court on September 20. This time it will be heard without fail, and there will be no further continuations.

In fact, it is said that the court will insist on a trial at this time or a dismissal of the case. Many predictions have been made in Niles recently that the famous case would never come to trial and that it would be quietly dropped, but such it appears is not the case, and the details of the most sensa tional case that Niles has ever pro duced are at last to be laid before the trial court for adjudication. The title of the case is Ada Bons lett vs. the New York Life Insurance company. The suit is brought to recover on insurance placed on the life of George Kimmel whom the plain tiff contends is dead, and that no proof exists that he is living.

The New York Life Insurance company resists payment on the ground that a man who is now serving a term for forgery in the prison at Auburn, N. is the missing George Kimmel. Niles people ate very familiar with all the details, and several who have been in Auburn prison and talked with the man who says lie is Kimmel are verv nositive In their Identi fication and are confident this man Is Kimmel. Others who knew Kimmel equally well, if not better, say this diseased. aged convict bears no resemblance to Kimmel and that the man iar a clever Imposter who has been thor oughly coached.

The man's familiarity with pi and Incidents In Niles, past and ent, is one of the strange tl about the case, and inexplainabre to people who do know, by anyJother theory than that the man isreally Kimmel. There will be quite" a number of Niles people in attendance 'upon the trial as witnesses. Great public interest will center upon the' outcome. NEW AND SECOND HAND BOOK. AT BURKHARD BROS.

0-2-6 ing a child under 14 years of age," he said. "We discovered also that his place was in a filthy condition. Under the law he may be fined $25 a day for every, day Mrs. Bazrow; worked in his place for more than ten hours, and besides a fine of from $5 to $500 may be Imposed on him for violating the child labor law." The above Is a truthful story and is doubtless one of hundreds. The remarkable ming aoouc it is wai men and women capable of supporting themselves, will continue to crowd into big cities like Chicago, where living of all kinds is at the highest point, and where every Job" has ten people chasing it.

The country is calling for mea and women who will work at good wages and a comfortable home. The smaller cities, where living is reasonable and where the air Is fresh, also needs laborers. Why, then do people continue to crowd the already overcrowded cities to BtarveT C. D. NICHOLS PASSED AWAY WEDNESDAY EVENING W1SLL KNOWN HERE.

Berrien Springs, Sept. 9. Charles D. Nichols, or "Uncle Charlie" Nichols, as he was known all over this section, died Wednesday at the home of his daughter, Mrs. Walter Kephart, in Petoskey.

The remains will be brought to Berrien Springs for Interment, and the funeral will be In charge of Western Star lodge, F. A. this being his request made years ago. Mr. Nichols was over 80 years of age and lived here until about four years ago, when he went to Petoskey to make his home with his daughter.

He has been back for visits at different times since his removal. The funeral will be held tomorrow morning but the arrangements have not yet been completed. Candidate For Lieutenant Governor Refuses to Let Go of Hope SAYS OFFICIAL COUNT WILL BE ONLY THING TO SATISFY HIM. RICE CONCEDES DEFEAT Third in Race for Second Place on Ticket Says That Ross Has Won the Nomination at the Primaries Returns Are Slow, But They are Now Fairy Complete Wayne County's Big Plurality for Ross Puts Him Well in the Lead Dick-inson Gives Out Statement Re garding Vote. Little now remains to be told of the results of the primary in Michigan Tuesday.

The only state office which was after Tuesday night was lieutenant-governor, for which the race was very close. The big majority given John Q. Ross in Wayne county, however, seems to be decisive in his favor, and his is the name that will probably go on- the ticket for Novemb-r 8. Detailed reports received at his headquarters give him a lead of about 1,000 over L. D.

Dickinson in the state outside of Wayne, while Wayne boosts this by over 5,000. Dickinson does not concede Ross's nomination, however, and says he will not until the official canvass. The figures given out are altogether too close to make the result a certainty for anyone," says he. "If I am not finally declared suc cessful I will lay my defeat to the wef element of the state. When I entered the race I had no idea that the question of 'wef and 'dry' would be brought up.

It seems to have been, however, and may perhaps have been the one thing which has defeated me." Nelson C. Rice, the third contestant for the office, said yesterday: "I will practically concede John Ross's nomination as candidate for lieutenant-governor. The pres ent figures show plainly that Mr. Ross is strongly In the lead, when the official canvass is made he is without doubt the party's nominee." pmmm ff All of this information came from the National Association of Ladies' Tailors In meeting here. They are going to.

have a style show October 10-16, on the roof of the Hotel As tor and are now preparing for it. I. About 50 of the tailors from all parts of the country were present to voice their opinions. They were unanimous in this sentiment, couched in exactly these words: "Paris styles are 'punk'; they are lemons. The time has come for American ladies' tailors to throw off the yoke of Paris and proclaim their styles as their own." The' "Boy Scout" suit, of which so much is expected, Is a walking cos tume with the coat cut in military fashion, with huge pockets just like the scouts' uniforms have.

GIVE UP Fl GHT Ask That Postoffice Patrons Provide Suitable Boxes for Mail. CUTTING OF SLOT IN DOOR IS SUGGESTED WHERE BOXES ARE NOT INSTALLED. CARRIERS IRE DELAYED Where Receptacles For Mall Have Not Been Installed By Householder and Carrier is Compelled to Ring the Bell, Much Time is Consumed and Proper Territory Can not Traveled on Schedule Time Order and Communication Will Be Sent Out By Postmaster Holland. UNITED STATES POSTOFFICE. By direction of the Postoffice De partment, the attention of patrons of this office is invited to the advantages of providing facilities for the receipt of their mail by erecting con veniently accessible boxes or cutting suitable slots in their doors.

Such action would enable the postmaster to give a prompter and better deliv ery service with the means at his disposal, since the Carriers can cov er much more territory in less time if not compelled to wait for an answer to their ring. Private receptacles for mail are also a great con venience to the carrier's call at In convenient moments and permitting the safe delivery of mail in the ab sence of members of the household. They also prevent the occasional necessity of a carrier's proceeding on his route without delivering mall because of failure to answer his ring within a reasonable time, and enable him to make deliveries to patrons living on or near the end of the route at an earlier hour. It has been shown by actual ex nerience that the benefits derived by patrons of city delivery from the use of such receptacles far outweigh the small expense involved. As this office is interested in furnishing the best possible service at the least expense, your compliance with the foregoing suggestions will be much appreciated.

Respectfully, W. L. HOLLAND, Postmaster. The above letter explains the attitude J)f the postoffice authorities at Washington relative to the installation of suitable receptacles for mail, thereby aiding the carrier in saving time on his trip. Where there is suitable slot in the door, or mail boxes, the car rier is compelled to ring the bell and wait until the occupant of the house arrives to receive mail.

This all takes time, and often accounts for the fact, in stormy weather, that a carrier cannot make schedule time on his route. For this reason the request is being sent out and the compliance will be considered a favor by the local as well as the head office at Washington. CONSTABLE IS GIVEN BEATING Constable Fred E. Cook of St. Joseph township, the officer who not long ago figured in the disturbance atthe Arbeiters picnic, and was compelled to ask for aid In making arrest because of the vicious attack made by a number of uninvited guests, was the victim of an assault in a Ship street saloon last night, when Henry Krumrine, one of the young men who figured In tho -t- sault at the picnic, attacked Jas St Joseph township officer.

It appears that Krumrine had a grievance against Cook and last night proceeded to give him a good drubbing in a regular fight. This morning Cook appeared before Justice Meyer and swore out a warrant for Krumrine for assault and battery. The affair is likely to cost the accus ed quite a fine. MUD BATHS. The mud baths at Eastman Springs are now ready.

Try tbem 6-9-ti (Press Special Service) Milwaukee, Sept. 9. Thirty-nine men went to their deaths in the depths of Lake Michigan this morning when the big steel Pere Marquette carferry No. 18, foundered off Sheboygan, Wis. Details of the latest marine tragedy of the lakes are meager because of the excitement and the fact that all information must come by wireless from the sister ship of the lost ferry.

Ferry No. 17 was in the neighborhood of the fated No. 18 when it took the plunge, but apparently was unable to take off the crew. There Is a heavy sea raging and this may have made the transfer impossible. Only three of the crew of forty-eight men were rescued, it is understood that these clung to wreckage and came to the surface after the whirlpools following the steamer's disappearance had subsided.

These men were picked up by the boats of No. 17. There is no information as to what caused the wrek, but it woulT seem a collision or shifting of the cargo of freight cars responsible. Biggest of the Fleet. No.

18 was one of the biggest and most modern of the Pere Marquette fleet. It was a steel steamer, 338 feet in length and 5G feet beam. The steamer had a draft of nineteen and one-half feet and the propeller was driven by compound engines of 3,000 indicated horsepower. The ship was built In the Cleveland yards 1902 On Its First Run. No.

18 had just returned from Chicago where it had been under charter for three years as an excur sion steamer. The car Bpace had been especially fitted nade decks and ball rooms. The last season's service had not proved a paying venture and the special excursion fittings were pulled out and the ship sent back to Ludington. It had just been put back upon its reg ular run and was finishing the first round trip in the old service. Pere Marquette No.

18 is design ed for a crew of thirty, but there were forty-one on board. 1 (Press Special Service) Chicago, Sept. 9. Late this after noon the jury in the Browne case re turned a verdict of not guilty, and the member of the state legislator, who passed through two trials walked from the court room a free man. The jury which at 5:30 p.

m. yes terday took the case of Lee O'Neil Browne, democratic minority leader In the lower house of the state leg islature, charged with bribing Chas, A. White to vote for Senator Lorimer apparently passed a night of rest In the Criminal Court building. The room to which the members retired at 9:30 o'clock was dark all night and it was ihe general belief that the jurors went to sleep without deliber ating or taking a ballot. AFTER DECREES Two more Berrien county wives are-after decrees of divorce and want freedom from their matrlmon ial cares.

Lena Nimtz, whose resi dence Is given as Berrien county in the bill of complaint, seeks a divorce from Arthur Nimtz on the grounds of cruelty, desertion and abuse. Mildred Lett Of Niles, is the other complainant, and she avers that on April 18, 1893, she was married to Werner Lett, and after living with him until November, 1908, was forced to quit his home on ac count of his conduct with other wo men. SCHOOL BOOKS AT BURKHARD 9-2-(it pany from pumping and piping the water out of the lake to the city of Niles. It was claimed that in doing this they lowered the lake level so that the water receded from their dock line exposing weeds and plant life to the sun, and by the decay noxious. odors were produced, injurious to health, as well as destroying the enjoyment of their property.

The defendants are a private association and sell the water to certain of Niles water takers in competition with the city of Niles which operates a system for the city needs. They deny that the taking of water from the lake effects the water level. Upon that point, the court In his opinion says: "The 12 inch intake pipe was furnishing the water, but as the water in the lake lowered it became insufficient and after pumping for a time Sheehan put in a 6 inch pipe some 2 feet lower and four weeks later put in a 9 inch pipevbelow the level of the original 12 inch intake pipe, "This pipe did not enter tne screen house, but went irom tne box" around the' screen house to the city main which they intersected at a lower point than the screen house floor and no pump was ever of terwarH a used. Some of the ex- oerts testified that, in their opinion the depth or quantity of water would not be diminished by the continued use of the system of the defendant company. I think it clear, however, and the preponderance of the testi mony indicates that the quantity used and withdrawn from the lake by the company's pipes in the man ner shown, demonstrates that there is such a drain upon the water sup Dly of this lake as to diminish and to some -extent account for the low ering of the lake level." to the defendant's claim that even although It does lower the lake level they cannot be disturbed because they have acquired prescrip tive right, the court says: "Assuming that defendant did ac quire, a prescriptive right, it must be so limited as to keep the surface el evation of the lake at least 12 Inches above the screen house floor in oth er words, so as to keep the 12 inch pipe at the screen house under water because the company's main where it enters the screen house to take the water out and down to the city was no lower and its capacity measures' the adverse use of the Intake pipes.

These pipes were never plac ed partly above water, but were so placed as to be entirely under water and were intended to operate entirely under water, with gravity as the sole motive power. "Under this record it Is clear that defendant is not a riparian owner and as against the complainants.who are riparian owners, defendant can not pipe the waters from the lake unless it can be shown that a right has been acquired under the 'statute of limitations. And they have. acquired no right by user to convey the waters through the Intake pipes Country Calls For VJorhcrs Why Live in the Large City? Ladies Latest Styles Don9 1 Come i From farts siey are i.jauu nvru Poverty, such as cities breed, Is strikingly illustrated by the case of a Chicago woman and her 12-year-old daughter which-StateFactory Inspector Davies has reported. For several months the mother has worked as a tobacco stripper in the factory of a Julius Greenberg for wages averaging 40 cents a day.

This was not enough to buy food, clothing and shelter for her, her daughter! and an Infant, so the child also went' to work The hours were from 6:45 in the morning to 5:30 in the evening and together they were paid by their empolyer about $4 per week. The desertion of a husband had driven the mother to such straits. The employer is likely to find that his penuriousness will cost him dear and be likely to pay living wages next time, for Inspector Davies has said Greenberg will be prosecuted at once. "He has violated the law in re quiring a woman to work more than ten hours a day, and also by employ- New York, Sept. 9.

Ladies! Do, I you know that: The "Boy Scout" is to be the; smartest thing for the fall? Tlje jungle suit, patterned after. T. R.s coat in Africa, is to give it a ,5 trr- nnniilaritv? Brown Is to be the color most worn? v. Coats are to be outlined in, furs a la Russia? are you aware that: Paris nowadays is constructing her: most Frenchy gowns of Ameri can made silks? American designers, are drawing and cutting the daintiest things made In the French capital? Three-fourths of the gowns shown here as "right from Paris" are real Continued on Page 8.) ly American sartorial art? A.