USA > Indiana > Johnson County > The people's guide, a business, political and religious directory of Johnson Co., Ind. together with a collection of very important documents and statistics connected with our moral, political and scientific history; also, a historical sketch of Johnson County > Part 8
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work a forfeiture of his permit, and of all rights thereunder; and no permit shall thereafter be granted to such person be- fore the expiration of five years from the date of such con- viction.
Sec. 6. It shall be unlawful for any person, by himself, or agent, to sell, barter, or give intoxicating liquors to any minor, or to any person intoxicated, or to any person who is in the habit of getting intoxicated.
Sec. 7. All places where intoxicating liquor is sold in viola- tion of this act, shall be taken, held. and declared to be com- mon nuisances; all rooms, taverns, eating-houses, bazaars, restaurants, drug stores, groceries, coffee-houses, cellars, or other places of public resort, where intoxicating liquors are sold in violation of this act, shall be shut up and abated as public nuisances, upon conviction of the keeper thereof, who shall be punished as hereinafter provided.
Sec. 8. Any person or persons who shall by the sale of in- toxicating liquor, with or without permit, cause the intoxica- tion, in whole or in part, of any other person, shall be liable for and be compelled to pay a reasonable compensation to any person who may take charge of and provide for such intoxi- cated person, for every day he or she is so cared for, which sum may be recovered in an action of debt before any court having competent jurisdiction.
Sec. 9. It shall be unlawful for any person to get intoxica- ted. A person found in a state of intoxication shall upon con- viction thereof, be fined in the sum of five dollars. Any person convicted of intoxication shall be required upon the trial to designate the person or persons from whom the liquor in whole or in part was obtained. In default of so designa- ting such person, he or she shall in addition to the fine above mentioned, and as a part of his or her punishment for the offense, be imprisoned in the county jail not less than one day nor more than ten days, at the discretion of the court.
Sec. 10. A permit granted under this act shall not author- ize the person so receiving it to sell intoxicating liquors on Sunday, nor upon the day of any State, county, township, or municipal election, in the township, town or city where the same may be held; nor upon Christmas day, nor upon the Fourth of July, nor upon any Thanksgiving day, nor upon any public holiday, nor between nine o clock P. M. and six o'clock
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A. M .; and any and all sales made on any such day, or after nine o'clock on any evening, are hereby declared to be un- lawful, and upon conviction thereof, the person so selling shall be fined not less than five dollars nor more than twenty- five dollars for each sale made in violation of this section.
Sec. 11. The bartering or giving away of intoxicating li- quors, or other shift or device to evade the provisions of this act, by any person or persons keeping liquors for sale, or by his agent or employee, at the place where the same are kept for sale, shall be deemed and held to be an unlawful selling or giving away for the purpose of gain within the provisions of this act.
Sec. 12. In addition to the remedy and right of action pro- . vided for in section eight of this act, every husband, wife, child, parent, guardian, employer, or other person who shall be injured in person or property, or means of support, by any intoxicated person, or in consequence of the intoxication, habitual or otherwise, of any person, shall have a right of ac- tion in his or her name, severally or jointly, against any per- son or persons who shall, by selling, bartering, or giving away intoxicating liquors have caused the intoxication, in whole or in part, of such person, and any person or persons owning, renting, leasing or permitting the occupation of any building or premises, and having knowledge that intoxicating liquor is to be sold therein, or having leased the same for other pur- poses, shall knowingly permit therein the sale of intoxicating liquor, or who having been informed that intoxicating liquor is sold therein that has caused, in whole or in part, the intoxi- cation of any person, who shall not immediately, after being so informed, take legal steps in good faith to dispossess said tenant or lessee, shall be liable jointly with the person selling, bartering or giving away intoxicating liquor as aforesaid, to any person or persons injured, for all damages, and for exem- plary damages; Provided, however, that execution on any such judgment shall first be levied on the property of the per- son selling, bartering or giving away such liquor, and in the event of a failure or insufficiency of such property to satisfy the judgment, then of the property of the other defendants. A married woman shall have the same right to bring suit and to control the same, and the ammount recovered as a femme sole, and all damages recovered by a minor under this act
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shall be paid either to such minor or to his or her parent, guardian or next friend, as the court shall direct. The unlaw- ful sale or giving away of intoxicating liquor shall work a for- feiture of all rights of the lessee or tenant under any lease or contract of rent, upon the premises where such unlawful sale, bartering or giving away shall take place. All suits for dam- ages under this act may be by any appropriate action in any of the courts in this State having competent jurisdiction. All judgments recovered under the provisions of this act may be enforced without any relief or benefit from the valuation or appraisement laws.
Sec. 13. In all cases where husband, wife, parent, child or guardian shall have a right of action as provided in section twelve of this act, and shall fail or refuse to prosecute the same, and in all cases where such intoxicated person has neither husband, wife, parent, child or guardian, the township trustee or other officer having charge of the poor of the town- ship where such intoxicated person resides, shall have a right of action as provided in said section twelve, and it is hereby made the duty of such officer to prosecute all such actions in the name of such township. All money collected upon such judgments, after deducting therefrom all costs and charges against such township occasioned thereby, shall be paid by the township trustee, or other officer, into the treasury of the county for the benefit of the poor of such county ; provided that the name of any husband, wife, parent, child or guardian, upon proper petition therefore before final judgment, may be substituted for the name of the township, but such person so substituted shall have no power to dismiss such action, or compromise the same in any manner, except by permission of the court.
Sec. 14. For every violation of the provisions of the first and sixth sections of this act, the person so offending shall forfeit and pay a fine of not less than ten dollars nor more than fifty dollars, or be imprisoned in the jail of the county not less than ten nor more than thirty days. For every violation of the provisions of the seventh section of this act, any per- son convicted as the keeper of any of the places therein de- clared to be nuisances, shall forfeit and pay a fine of not less than twenty nor more than fifty dollars, and such place or places, so kept by such person so convicted, shall be shut up
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and abated as a common nuisance by the order of the court before which such conviction may be had as a further punish- ment, and such order shall be a part of the judgment of con- viction.
Sec. 15. For the payment of all fines, costs and damages assessed or adjudged against any person or persons in conse- quence of the sale of intoxicating liquors as provided for in this act, the real estate and personal property of such person or persons, of every kind, shall be liable, and such fines, costs and damages shall be a lien upon such real estate until paid.
Sec. 16. The penalties and provisions made in the four- teenth section of this act may be enforced by indictment in any court of record having criminal jurisdiction ; and all pecu- niary fines or penalties provided for in any of the sections of this act, except the eighth and twelfth, may be enforced and prosecuted for before any justice of the peace of the proper county, in an action of debt, in the name of the State of In- diana as plaintiff; and in case of conviction, the offender shall stand committed to the jail of the county until judg- ment and costs are fully paid, and the magistrate or court in which the conviction is had, shall issue a writ of capias ad satisfaciendum therefor. Justices of the peace shall have jurisdiction of all actions arising under the eighth and twelfth sections of this act, when the amount in controversy does not exceed two hundred dollars, such actions to be pros -. ecuted in the name of the party injured or entitled to the debt or damages provided for in said eighth and twelfth sec- tions.
Sec. 17. It shall be unlawful for any person to buy for or furnish to any person who is at the time intoxicated, or in the habit of getting intoxicated, or to buy for or furnish to any minor, to be drunk by such minor, any intoxicating liquor. Any person or persons violating this section shall be fined not less than five dollars nor more than fifty dollars.
Sec. 18. In all prosecutions under this act, by indictment or otherwise, it shall not be necessary to state the kind of liquor sold, or to describe the place where sold, and it shall not be necessary to state the name of the person to whom sold. In all cases, the person or persons to whom intoxica- ting liquors shall be sold in violation of this act, shall be com-
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petent witnesses to prove such facts or any others tending thereto.
Sec. 19. The following form of complaint shall be sufficient in criminal proceedings before justices of the peace or mayors, under this act when applicable, but may be varied to suit the nature of the case, namely :
STATE OF INDIANA, COUNTY, SS. Before me, A. B., a justice of the peace of said county, (or mayor of, &c., as the case may be), personally came C. D., who, being duly sworn according to law, deposeth and saith that on or about the day of , in the year , at the county aforesaid, E. F. did sell intoxicating liquors to one G. H. to be drunk in the place where sold, (or to G. H., a minor, &c.,) or to a person intoxicated, or in the habit of getting in- toxicated, as the case may be, where intoxicating liquors 'are sold in violation of law, and further saith not.
(Signed) C. D.
Sworn to and subscribed before me this day of A. D.,
Sec. 20. All laws and parts of laws conflicting with this act, or with any of the provisions of this act, be and the same are hereby repealed; but nothing in this act shall be so con- strued as to prohibit the common councils of cities and the boards of trustees of incorporated towns, from demanding and enforcing a fee for permit, from all keepers of coffee houses, saloons, or other places where intoxicating liquor is sold and drunk within the limits of their respective corporations.
Sec. 21. It is-hereby declared that an emergeny exists for the immediate taking effect of this act, it shall, therefore, be in force from and after its passage, except in so far as relates to those who hold a license under the existing laws of the State. This act shall apply to such as now have license imme- diately after the expiration thereof.
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" It is not easy to give an accurate and comprehensive defi- nition of the science of geology. It is, indeed, not so much one science, as the application of all the physical sciences to the examination of the structure of the earth, the investiga- tion of the processes concerned in the production of that structure, and the history of their action. That this large view of geology is not only a true but a necessary one, is shown by the fact, that it was not until considerable advances had been made in all the physical sciences which relate di- rectly to the earth, that geology could begin to exist in any worthy form. It was not until the chemist was able to explain the nature of the mineral substances of which rocks are com- posed; not till the geographer and meteorologist had explored the surface of the earth, and taught us the extent of land and water, and the powers of winds, currents, rains, glaciers, earth- quakes and volcanoes ; not until the naturalist had classified, named, and described the greater part of existing animals and plants, and explained their anatomical structure, and the laws of their distribution in space ;- that the geologist could, with any chance of arriving at sure and definite results, commence his researches into the structure and composition of rocks and the causes which produced them, or utilize his discoveries of the remains of animals and plants that are inclosed in them. He could not until then discriminate with certainty batween igneous and aqueous rocks, between living and extinct ani- mals, and was, therefore, unable to lay down any one of the foun- dations on which his own science was to rest." -- Encyclopedia Britannica, 8th edition, vol. xv.
If there is any one fact which the study of geology teaches more unmistakably than another, it is, that the matter com- posing the crust of the earth, from the time when it was first called into existence by the fiat of the Creator to the present, has been subjected to an endless cycle of mutations. There
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may have been periods of comparative rest and quiescen-e, but none of perfect stagnation and stability ; so that the pres- ent condition and configuration of the earth's surface may be considered as the last result of a series of cosmical changes, which commenced with the dawn of creation, and are con- tinuing on into the future.
" Had the exterior crust of the earth been subjected to no modifying causes, the world would have presented the same appearance now as at the time of its creation. The distribu- tion of land and sea would have remained the same; there would have been the same surface arrangement of hill, valley and plain, and the same unvarying aspects of animal and veg- etable existence. Under such circumstances, geology, instead of striving to present a consecutive history of change and progress, would have been limited to a mere description of permanently enduring appearances. The case. however, is widely different." There is no part of the present land-surface of the globe which has not at some time been covered by the ocean, while much of the present sea bottom has been in turn dry land. Many of the loftiest and most extensive ranges of mountains upon the globe-the Alps, the Andes, and the Himalayas-are of comparatively recent elevation (recent as compared with the White Mountains of New England, or the Appallachian chain of the Atlantic States); while the com- mencement of the existence of every animal and vegetable species at present found upon the earth was long subsequent to the existence of the myriad organisms, whose remains are now found fossil beneath its surface.
The agencies which have produced, and are still tending to produce, changes in the constitution and structure of our planet, may be classified as follows : 1. Igneous agencies, or such as manifest themselves in connection with some deep- seated source of heat in the interior of the globe. 2. Aque- ous, or those arising from the action of the water. 3. Atmos- pheric, or those operating through the medium of the atmos- phere, 4. Organic, or those depending on animal and vegetable growth. 5. Chemical, or those resulting from the chemical action of substances on each other .- Wells' Illus- trated Geology.
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THE TEMPERATURE OF THE EARTH.
The following are some of the observations made most re- cently on this subject: In England, observations have been made in the vertical shafts of two very deep coal mines, viz., at Monkwearmouth, which is 1800 feet deep, and Dunkinfield, which is upwards of 2000 feet deep, and in both cases the ob- servations were made while the workmen were sinking the shafts, and with every precaution against the influence of any extraneous causes. The former gave an increase of 1 deg. of Fahrenheit for every sixty feet of depth, and the latter 1 deg. for about every seventy feet. The artesian well of Grenelle (Paris), is 1800 feet deep; observations made by Arago, during the boring, showed that the average increase of temperature in this was 1 deg. for sixty feet. At Mordorff, Luxemburg, the depth of the artesian well is 2400 feet, and the increase in temperature 1 deg. for every fifty-seven feet. At the artesian well of New Seltzwork, in Westphalia, the depth is 2100 feet, and the increase 1 deg. for every fifty-five feet. At Louisville, Ky., the depth of an artesian well, finished in 1859, is 2086 feet deep, and the average increase is 1 deg. for every sixty-seven feet below the first ninety feet from the surface. In the silver mine of Guanaxato, Mexico, 1713 feet deep, the increase is 1 deg. for every forty-five feet. In the coal mines of Eastern Virginia, the increase is about 1 deg. for every sixty feet.
VOLCANIC ERUPTIONS.
One or two remarkable instances of volcanic eruptions may be briefly noticed. First, for duration and force we may refer to that which took place in the island of Sumbawa (one of the Sunda Islands lying east of Java), in the year 1S15. It com- menced on the 5th of April, and did not entirely cease until July. Its influence (i. e. shocks, and the noise of the explo- sions) was perceptible over an area 1,800 miles in diameter, while within the range of its more immediate vicinity, embrac- ing a space of 400 miles, its effects were most terrific. In Java, 300 miles distant, it seemed to be awfully present. The sky was overcast at noon day with clouds of ashes, which the light of the sun was unable to penetrate, and fields, streets, and houses were covered with ashes to the depth of several inches. At Sumbawa itself, immense columns of flame appeared to burst forth from the top of the volcano, Tombora, and in a
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short time the whole mountain appeared like a mass of liquid fire, which gradually extended in every direction. As the eruption continued, a darkness supervened, so profound as to obscure even the light of the flames; showers of stones and ashes fell continuously over the whole island; the sea rose twelve feet higher than it had ever been known to do before; and finally a whirlwind ensued, which tore up the largest trees, and carried them into the air, together with men, horses, cat- tle, and whatever else came within its influence. Of 12,000 inhabitants in the vicinity only six are believed to have es- caped, and of some entire villages not even a vestige remained.
In 1772, the Papandayang, one of the loftiest volcanic moun- tains in Java, after a short but severe eruption, suddenly fell in and disappeared in the earth, carrying with it about ninety square miles of territory. Forty villages were engulfed, or covered with ejected matter, at the same time, and nearly 3,000 persons perished .- Wells' Illustrated Geology.
DESCRIPTIONS OF AN EARTHQUAKE.
"A powerful eathquake," says Mr. Darwin, "at once destroys the oldest associations ; the world, the very emblem of all that is solid, has moved beneath our feet like a crust over a fluid ; one second of time has conveyed to the mind a strange idea of insecurity, which hours of reflection would never have created."
"To man," says Ilumbolt, " the earthquake conveys an idea of some universal and unlimited danger. We may flee from the crater of a volcano in active eruption, or from a locality threatened by the approach of a lava stream; but in an earth- quake, direct our flight whithersoever we will, we still feel as though we trod upon the very focus of destruction. Every sound-the faintest motion in the air-arrests our attention, and we no longer trust the ground on which we stand. Ani- mals, especially dogs and swine, participate in the same anxious disquietude ; and even crocodiles, in the rivers of South Amer- ica, which at other times are dumb, have been observed to quit the water and run, with loud cries, into the adjacent forests."
AQUEOUS AND ATMOSPHERIC AGENCIES.
The aqueous and atmospheric agencies most prominently concerned in producing geological changes, are rains, and the
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gasses and moisture of the atmosphere, winds, ice, and snow, springs, rivers, waves, tides, and oceanic currents.
The operation of water, acting mechanically, is, under all circumstances, to wear down the higher portions of the earth's crust, and transport the materials to lower localities-an ac- tion which obviously tends to reduce the whole surface to a smooth and uniform level. On the other hand, the operations of igneous agents-volcanoes, earthquakes, etc .- by breaking up and elevating the crust of the earth, tend to counteract the equalizing action of water and to produce that diversity of- surface which is indispensable to variety in both the vegetable and animal kingdoms. These two forces, therefore-the aque- ous and the igneous-may be considered as antagonistic to each other, and to them may be ascribed the principal modifi- cations which have taken place, and are still taking place, in the crust of the globe .- Well's Illustrated Geology.
CORAL REEFS.
"The ocean," says Mr. Darwin, "throwing its breakers on the outer shore, appears an invincible enemy, yet we see it re- sisted, and even conquered, by means which at first seem weak and inefficient. No periods of repose are granted, and the heavy swell caused by the steady action of the trade wind never ceases. The breakers exceed in violence those of our temperate regions ; and it is impossible to behold them with- out feeling a conviction that rocks of granite or quartz would ultimately be demolished by such irresistable forces. Yet these low coral islands stand and are victorious, for here another power, antagonistic to the former, takes part in the contest. The organic forces separate the atoms of carbonate of lime, one by one, from the foaming breakers, and unite them into a symmetrical structure ; myriads of architects are at work day and night, month after month, and we see their soft and gelatinous bodies, through the agency of the vital laws, conquering the great mechanical power of the waves of the ocean, which neither the art of man nor the mechanical works of nature could successfully resist." The animals which produce coral are very simple, and resemble plants both in their figures and colors. 7
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THE FIRST FORMED STRATIFIED ROCKS.
The adoption of the theory, that our earth was once in a state of entire molten fluidity, involves the existence of a sub- sequent period, when its primeval crust had sufficiently cooled down to allow of the condensation of watery vapor and of the existence of a sea upon its surface. Whenever this happened, the eroding and destructive action of water must have imme- diately manifested itself, while the particles of the consolida- ted igneous crust, worn off by the action of waves, tides, and currents, and deposited as sediments, would naturally produce stratified formations.
The internal heat of the earth at that period, however, must have continued to act with great intensity near the surface, and the strata first deposited, consequently, were, in all prob- ability, soon greatly metamorphosed, ¿. e., remelted dowr to form igneous rocks, or converted into hard crystalline semi- igneous rocks, that retained, in part, their original lines of stratification.
Whether any of these first formed stratified rocks are in ex- istence, and open to our inspection, it is impossible to affirm, Some geologists incline to the opinion that they were entirely remelted, and are now represented by the older or funda- mental granites, which, in some instances, appear to have an obscurely stratified structure.
Be this as it may, it is, however, a matter of fact, that the oldest rocks of which we have any knowledge, which exhibit evidence of a sediment ary origin, appear to have been formed under conditions analogous to those above supposed. Thus, they are all more or less crystalline and indurated ; their lines of stratification are indistinct, and often altogether oblitera- ted; and their whole aspect is very different from what is usually ascribed to rocks deposited in water .- Wells' Illustra- ted Geology.
FORMATION OF COAL.
It is now universally admitted by geologists, that coal is a mass of compressed, altered, and mineralized vegetation, just as sandstone is consolidated sand, and the slate and shale con- solidated clay or mud.
The evidence upon which the belief is founded may be briefly stated, as follows :
1st. The enormous profusion of fossil plants, in the form of
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impressions of leaves, trunks, branches, and barks of trees, found in immediate connection with coal seams. 2d. Coal is composed of carbon, hydrogen, and oxygen, the same ele- ments (though differing in proportion) which enter into the composition of plants. 3d. The substance of coal, when ex- amined under the microscope, affords unmistakable evidence of a vegetable (cellular) structure. 4th. All the stages of gradation between perfect wood and perfect coal may be traced with the greatest certainty.
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