The Evening News from Benton Harbor, Michigan • Page 9

NEWS. BEN IIABBiUI, FBiDAV, Jl l.V 12 imu. ENTS OLD BLOOD MR. PEARL SAYS A BRICK BIDS WERE TOO HIGH. AX CA AssassiAation of Farn er Was Very Care fully Planned.

-rr I r. i- f' il I 1 1 iin- ieighbor missing r. vAtio the of that street icn-'i i. I r. The iurf tlti as rhe ornjrinai cullrd for brick ttd to tile Tile iirick bids he Were all of proj ortioii wldle tlie bids of thi were reasonable.

S.ii I Mr. Fearl: was ill vesterday and a contract for dredging? a miles long. The city is engaged in jmttinit down a brick jiave- Syprame Court Decides That Non-Residents Cannot be Taxed on Mortgages. ttrom Dowagian That Hor- Peters Has Lett Home. of tho i of ace hmviiijr and that the remonstrance was meiit and is paying HI cents sqnare 1 not paving but igaiust asphalt yanl and 3 cents foot for the paving enrbiug.

The brick i.s being laid on Mr a v-ry large con- sand and some of tlie same kind of trai 'l'- thinks rlsat there was some street was laid three years ago and is sort of a coUisOin in thi bids submit- in excellent tta fariat-r, reud as Ole of rt-hiwruO ly plann uuprovoked of tlie mnr- io cif: this morn th foLlows ridmg Oli ids The fteld uot sipiare A CASE FROM HOWELL Local Assessors Tried to Collect Tax on 8100,000 Mortgages from New York Man. WEATHER INDICATIONS. Generally dav. fair tonight and Satur- IMPORTANT DECISION. i raa to It was near this tiiat the lad lamf.elf three or fonr stiocfcs of rye.

my brofht had turned the iie was shot. buck shot his sale anti he il from the He gra.n^'d the lines with a grip and the horsrs the of the bimler over It was in rbat the in the iitJd foaiiti him when rhoy tohmi Tiie men him fall jjiiiir thv smoke that arose from the tfTA It Was Well Planned. li, bow well the was to the place wliere the 5 -s- arose the fact that tiie had been waiting some time Ij-r proper opportnnity. Print.s foQud in the ground where the had waited on hi- knees for his vnia. The were that did not the tirst or AHooad times hi- victim drove field for rhe dents from his deep and well outlined.

lii-' coarage failed him. Bun to the Woods. Asiooaas the lifted my from ander the binder they shout but the murderer could Bovs who picking Smitlfs eld -r raughter, Lyda, who was at rlie time standing in the dooryard nor far distant, looked up as slie lieard the of rhe gun, and, seeing her father fail, rushed to his side. She arriveil in time to catch a few words. shot.

me, was all he could say. Then he lapsed into unconsciousness, which lastt-d until his death a few hour-i later. showed the preix tra-i tor of the cowardly act had earefnlly srationetl himself behind the rye; shock in cold premeditation of his 1 deed. He had carefully arranged the Death Was Causedjby the sheaves so to protect him from IT PAYS TO 3UY SHOES OF MILES. The town is all ago? concerning our great shoe sale.

Everybody is talking about it and we wonder at it. Pheonix Accident Ccmpany Must Pay a Claim. Carelessness. One of the most important decisions then upon his knees and shoved rhe muzzde of his gun through the top of the shock in which he waited cooly until his rendered in the supreme court for victim arrivetl near enough to make time, aifecting insurance com- certain. panics was made last Wednesdar in Smith was carrieo into the house t- unconscious and a sent for Mary Erwin of Muske- at Keeler.

Responding to the call, the doctor vvas unable to bring the wounded man any relief. Drs. White, Stevens and Kercham, of Dowagiac, were then dispatched for and started to the scene, bnt bad arrived but half way when Smith died. The was tracked a short distance into the where all trace of him was lost and the quest fiilling from a scaiiold. goii vs.

the Phoenix insurance company of this city. It was a rest case to decide a unique point in law. George F. Erwin, the husband of Mary while holding an insurance policy in the Phoenix. was killed in December 1899 by At the time abandoned.

Berrien of his death Erwiii was for field saw a IS acro-s the r.vt field to the which vvas near by. He away to tell who he wn.s. Wild Reports Abroad. Sagedy on George farm, the place which worked viar-. full of wild rniYior- of all ffe uh rumot- of the at- im- are S'everai men of cruii.

)f one iii.m it i'l rv porte I tJint he early morning -am n.an Wave' wd two die 'iftuul wF lir.v, Mr- Sili i- tSu had been officers were notified about noon. Wiio the guilty man could have been is a mystery. It was certainly a sworn enemy of Simth, else he would not have been guilty of so premedirateil an act. Smith has always home the best of reputation in this vicinity and was uot known to liave an enemy in the world. However, his family may know of some- one wdio had been at issue with him.

stepped Thus far they have been so pros- frated with grief that it has been impossible to get any information from them. tfmith was 88 years of age and leaves a and daughters. The daughters are aged 19 and 12 Contractor McIntyre on a brick building. During the day the supports removed end of a scaffold on which bad previous- SEARCH FOR NEIGHBOR of f' oMin Da fin i f. 'I- 1 5 i Pftli- a 'on.

tl. Mr. la-T ly stood to do his w'ork. The scaffold was left standing w'ith one end supported and the other not. Erwin not aware the support had been taken ascended the scaffold to finish his As fate willed it on the unsupported end, and in an instant was thrown to a stone basement a distance of 40 feet, and killed.

Mrs, Erwin demanded the insurance on his life. The couqmuy hesitated in paying the claims as the policy provided that in either voluntary or unnecessary exposure to danger the company not be held liable for the insurance. The company maintained that the jiolicy should be by the contractor if paid at all and not by them. Mrs. Erw in commenced proceedings in the circuit court to recover the insurance.

At the suit, McIntyre he warned Erwin miimtes before his death not to go out on the scaffold he in no wav was accountable for i the lirath. Judge Russell took the 1 tr. rhe jury and decidt'd in The cast' was aii- ilirort to rlie -iuiireme court and on Judge Russell's decision affirmed by rhe court. The ruling will be means of settling many -iinilar claims that might come up in the future. in Dowagiac ot it.

va I- f- A report from Dowagiac at 8 this afternoon stati-s that Horace Peters, a neighbor and sworn enemy of the murdertid has disappeared from ids iiome and is being for l)v tiie officers. It is believed so tlie states, tiiat Peter-; is a- On his return fiuni SVaterviier la-t evening favor of tiie lady. Oollins denied tiiat any ad dt vekqied against Peters. Depntv Tennant, Proseeutoi Kiford, Jin-tice Hollis, Dr. Ht'rring ami Dr.

to tin -ci of fl this morning. i Holiis 1 liohiirig an rt a p( imith. mortami on WAS TO WED SOON. I farm tnttWiii i fa id f'o Bak-r -j iTi own the wo; 1 in The m- ri vii who r-i- 11 WifjiotJt r-iY 1 oii- Wii.o tie I of waw a mv -t. r.

at the fiffi n.Hv. -u Imd th f) lu 0 nt 7 Aileul ri 1 uaimHl a ip a v-r- the fi- 1,1 j.f f)f jj ent md T- 11 iri. a of PH firp.Jj we thou Id i in rl- gup lit time see from tiji- it no fo of nakac 'imn I iirto rti- WOMAN IN THE CASE. Ir i- new tlmt Horace Clarence Badger Drowmed In River at Niles. Nile-, July.

12 Prr.TH 1 not at all in.plicat«! in the that he left home when he HOnfhweet of here, waa on him I river just heard that -nsiicion resttal x- i i i for fear of a mob. Tho latest report i ai)Ove the Niles dam last evening. He from is tiiat Smith wuis in- was in batlnng itli die two sons of anotlier wife Gilietfe when he iiinf that fin- wronged hnsharni planm and fxecut; I the murdt-rous revenge. Lansing, July 12 decision of very great importance as bearing upon tiie taxation of notes, mortgages and otlier credits handed down by the supreme court Wedne 8 in the case of the village of vs. Thomas Gordon, agent for Hosea Rogers.

Rogers is a resident of the state of New York and has loaned money on notes and mortgages in this state for many years, these loan.s being negotiated and collections made through Gordon, is a resident of Howell. Last spring the Howell assessor assessed against Gordon, as agent for Rogers, the 100,000 upon personal property. There was no pretense that this assessment represented anything but the money that Rogers had loaueil in this state, or the securities therefore, and such money as Gordon might have at that time in his custody belonging to Gordon. The latter protested to the board of review against the assessment, making affidavit that he had in his possession no securities for money loaned for Rogers, and that wdiile he had in his possession some 3 in cash belonging to Rogers, it not under his control, except as he should obey instructions from Rogers. He showed further that he had no control of the funds or securities, aiifl had only temixirary custody of either.

The circuit court held that this money was subject to taxation, and that the determination of the iioard of as to the amount was final and not reviewable, no fraud being charged. In a unanimous opinion w'ritteu by Justice Hooker the supreme court reverses this judgment. The opinion the variou.s statutes bearing on the subject and says that the statute plainly recognizes the usual rule that credits are to be assessed at the domicile of the owner, and does not attempt to tax those belonging to nonresidents. Such credits have no standing in this state. The court says it is equall.v clear that the money not assessable.

Ir was not money in the hands and control of a trustee or agent. It in hands, the court says, but not in his control in rhe sense by the statute. If it is possible that money of a iion- resident sent to this state for investment may under some circumstances he taxahie, it is clear that this was not. The money and mortgages undoubtedly taxahie at the residence of the owner in York, and the opinion says there is no justification for the officers of this state attempting to levy tribntt merely because they are able to find them ily in the custody of an agtait at the time is assessable. Money collected attorneys and others for non-resident clients does not become taxable merely because it is in their haiels on the date fixed for assessment.

Liability to taxation of non-resident property rests upon another and different viz: situs in this state, or something the statute makes equivalent thereto, and it i.s at least doubtful, the court says, if any hut tangible property, os contradistinguished from intangible property, is subject to it. In the First Place It is the most extensive saie we ever con- conducted. In the Second Place The sacrifices are the greatest we have ever made and our discounts are fair and square discounts from honest prices. In the Third Place Our shoes are good shoes and have the prestige of quality. No bargain stock or job lots here.

For these reasons the town is agog and everybody is interested. Think of it. oxfords as cheap as 89 High lace shoes for $1.19. shoes as cheap ones too. A.

S. MILES 113 Pipestone Street. BATTLEMENT STORE Corner Main and Sixth Sts. Across from City Hall. Thoae 510.

Your Money Buying our Fine Bath and Buggy Sponges also Loufers and Chamois Skins. Prices always below competitors It's the little leaks that make one's savings shrink; Be careful. We'll help you save money; you'll help us gain space by slipped from a sandbar iuro a sink i hnif fifteen feet deep. He con Id not i M. A A tai and he sank hie COLUMBIA WINS AGAIN.

1 water. was 28 years old and REFORM SPIRIT GROWS and goods fresh and clean. to Eventoc todav Oeat uonetirurioii iiv margin good to nurrrv Mtss Maud Dalrym ork. July In ria i pk, of thf Buchanan Argus force in iav Inmbia heat Conetitution Sei tembor Fccuperation is not so much in Mie ordinarv as there is in a of Hood's Sarsaparilla, St. Joe Clerks Want to Labor on Sabbath.

ASSESSED 100 PER CENT vvhtrh the tired blood, ahar- iia the dulled restores the inrag-. Take By tu tb IfNO OUT Mj-- t' 7 I 4 1 s.v. gobi i fi rNRKliy N'ew 12 IDr l- 1 iof) -tOi i' fuiit'f eil fj r) f. nl 1 SPKCIALSALE. The reform movement is growing with surprising rapidity in St.

Joseph. Following closely on Mayor edict against trapeze performances on Sunday is an agitation for the closing of the dry gooiis and gents clothing stores on the Sabbath day. A petition praying for the inaugnratiou of this reform has been signed by the clerks in the various stores and is up to the proprietors. As it is the dry goods stores wdth every other kind of run full blast on Sunday morning. Battlement Drug Company.

Yellow Rargain Qte Herr Bros. Will Hold Canned Goods. One on tj ir fV rv. 1 r- TL'rr tibi.s I r- 153-157 Pipestone Street, Notice to Wheelmen. -r i if VV i r-, SFECI AT.

RATHRrA xat AT 6. Mu- h- A r- tV. fi t' LvL vt tua in M'sTjfit i M. 'Il-hu' Co 10 and Store. wMl rrgnlar i no imed to en- discomfort hv of cb'ifirig, -nnhura.

insect -ore and fi'et or aicidental bruises You forget in Using Salve Infallible for Skin Erup tions and Piles. Sold bv and 1 A Son. 25 cents. lee cream and rake will the Iftwn of D. Miller 17,000 Sguare Feet oLFloor Space Crowded with IX- NEW fl 1V fl fl Iron Bwds, End-tlanil Goods Couches, Dining Tables.

OF Aid. mnir- Chairs, Stoves, Etc I eanf get ai tbi- kind day itreet the of of IfirtKYr iiteamer T.vttrii*r two July 14. Ali te iaviied. SIW Goods heltvercd FRhE anv pi ave in tn: city, or in bnipn. Sold on Stored.

Achats for H.irvester f. Repairs of all T.ARcHisT in Cotinty. Don't forgot IS 3 1 QOOm.