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• ; v v. . , V ' - ' v * ; ; V ' " . * • ..>• s , , „ ' ; i f * ' * ' < • *> - * « ^ ' nt, ^ ' k **•* Jgi*1*£ek < &: k-> \- , */- -A- « • , ( , - * < ; „ • v ; , •.- . ^ . V ; t « n -yj . ** *^ -- •, - * - ' • *; fr^-v ' .. / %cr •> - " ^ ^VOLUME 58 M'HENRY, ILLINOIS, THURSDAY, MAY II, 1933 NO. 50 Unconstitutional DECISION RELIEVES * ALL SWEEPERS COLLECTION OF 3 PEB 'W- CENT HALTED •* , Collection of the 3 per cent sales ::K:MbIx by Illinois merchants was, halted ;;V:}^rednesday afternoon by the ruling landed down by the Illinois Supreme -Court, declaring the tax law unconstitutional. Affirming fhg^ judgment of the Itfadison County Court, which ruled "the act illegal on April 4, the high "tribunal held that the act could not "be sustained because the General As- • «embly, having designated retailers as the class on which the tax was im- "posed, excluded farm products sold ^y the producer and motor fuel sold retail. This was declared to be an improper classification, and the act was held to be nonuniform in its application to the class on which it operated. Ex* ^*|mption of gasoline-was found to be "©specially in violation of uniform requirements of the constitution, bev.- «Sause it is a "business indubitably belonging" to the category taxed. The court also upheld the conteiv- , tion that the law was illegal because of an appropriation set up for a dual purpose. Citing a former opinion, the ^Supreme Court ruled that appropria- " %ions must be for a single purpose. "The act attempted to appropriate uevenue from the impost for unemployment relief and for schools. In Cook County it was intended to use the money primarily for jobless aid, while downstate it was expected to : serve chiefly as a lieu tax. Kerner Seeks New Law Attorney General Kerner said' that TJO rehearing of the case will be asked- JBut he will ask that a new sales tax '•bill be drafted at once. The court's ^objections, that the tax was not uni- -form and: that it set up an appropriation for a dual purpose, are merely •structural defects, the attorney general said. These defects, in his opinion, will not preclude the Legislature from passing 4 constitutional occupation sales tax. / . DANCE PAVILION TO BE ERECTED The Tnyon Construction company will commence work Saturday on a jdance pavilion to be built on the ^Michael Conway property, east of the liver. The owners of this pavilion are M. •J. Suerch, M. M- Clow and C. O. "Jrlangolson of Chicago, who are well Acquainted in this vicinity. M. J. Suerch has been a summer resident •of Woodlawn Park for the pa^t thirty-five years. The pavilion is expected to be ready for opening on Decoration day and if the weather permits it will be completed about May 26. .This will be an^>open-air pavilion "with a tent over and around it with #ide walls 10 feet in height. The •dance floor will be 60x90 feet and entire pavilion will be screened. RECEIVES INVITATIOIf " Mr?. John J. Vycital is the happy recipient of an invitation to attend a Mother's Day dinner, Sunday, May 14, -fit the noon hour, at the Triangle fraternity house," Champaign, of :;fvhich organization her, son Haroid, "*as recently made a member. The / Triangle is a national fraternity of . Tng-ineers. Harold is a Freshman at the University of Illinois. RURAL PLAY l>AY The third annual rural play day meet will be held at Wonder Lake at 10:30 o'clock Saturday. Each school ; Is expected to put on a stunt this year '•s has been done in former year?. "The chairman of the McHenry group is Edith Baldwin of Caryy L_ HIGH SCHOOL BAND CONCERT The annual outdoor band concert by the McHenry Community high •chool band will be given on the high •chool lawn on Friday evening, May *6. Watch for the program week. OH, YOU SPRING CHKtfENS A spring chicken supper will be ^fiven at the McHenry Pleasure Club "Saturday evening, May 13. *50-fp ^ A MARVELOUS BRICK Luick's Ice Cream Special for this Mifeek is delicious plus--Butterscotch sttficf Pecans. A wonderful combination all ready for that Mother's Day #nner. At Bolger's. 50fp CALLING YOU To th# opening of Bridge Tavern •IJfcHtenry, Saturday, May, 13, featuring Fred Reinert and His Colorado- Mis from Northwestern University. Dine and dance. Wednesday night <&ncin*r, starting May 17. Linn Hiatt •nd His Illinoisans. ( *50-fp K. c. ATTENTION TWlWsrt regular meeting of t£e If. <2- Council will be held in their hall •tOnight (Thursday). Important busi- HlH Brpnrt nw rmmiialiiB HEALTH PLAY IS A. MC SUCCESS The health play( including theplay,- let, "A I>ay In Happy %iand," by the little folks, and the Sells Health-0 Circus by the older pupils of the grade school, given at the High School auditorium Friday was a decided success in every way. In the afternoon, the play was given for the pupils of the grade sqhool and St, Mary's parochial school, with the auditorium packed with children and a few adults, while in the evening the play waa shown to another full house of interested parents and friends. ' The various characters were dressed in lovely and appropriate costumes and took their parts with an ease and assurance, which comefe of practice and preparation, giving their lines without need of prompting or assistance. A feature of the performance, which could not but be noted by those in the audience, was the clearness of enunciation and strength of voice used by the various characters, making their parts easily heard and doubly enjoyed by their audience. It is to be hoped that the pupils of the grade school will carry this trait of straight forward and plain speech with them when they entfcr high school, whei'e it Will be an appreciable asset to thenh School Nurse In Charge Mrs. Joanne Rulier, school nurse, was in charge of the ncalth program which is given annually and which aids in impressing young and old With the importance of many health rules which are not easily forgotten after being enacted in words and song. The work of Mrs. Rulien has been outstanding and of great importance along health lines during the several years in which she has served as a nurse in our public schools. Because of vaccinations and her constant vigilance for signs of illness, contagions in this community have been almost eliminated and many defects in eyes and ears have been rec tified in addition to the forming of simple health habits by the little fol^s which they will remember throughout their lifetime. The Sells Health-0 Circus was well advertised in a circus parade which took place Thursday afternoon and was a novel feature of the entertainment. And what a parade it was! Led by Leonard Ibsch in cowboy costume mounted on horseback, with the school band, playing selections along the line of march, cars decorated in gala fashion and the flag carried and escorted by the Girl and Boy Scouts, with children marching In clown suits and vari-colored costumes, the parade was a pageant of circus days. One of the features of the parade was the cages of wild animals drawn on small wagons by boys who were proud to display their pets, including dogs and rabbits, in this way. There were also, children dressed in costumes to be worn at the play and tiny tots with their doll buggies, while Rollo Chamberlin as aonouncer, told of the coming event, talking through a megaphone from the top of an automobile- Candy kisses were thrown to children along the line of march and the parade w^as cmplete in every detail, even to its escort of city police. The parade, as well as the health circus, was a big success because of the enthusiasm and whole-hearted interest put into it by the children who entered into the occassion heart and soul, displaying these traits of character natural to children of their ago. Interest in the parade was shown by the general public with people gathered along the streets and cars parked in side streets to watch the parade. The health program opened on Friday with a^ spirit of patriotism brought in the singing of the Star Spangled Banner by the entire assembly and the salute to the flag given by the Girl and Boy Scouts. The kindergarten and first grade orchestra trained by Miss Marie Ropp, played three selections and pleased their audience by their cunnin£*ways. The program was varied with selections by the high school band, dances, a trombone solo and the health plays. A specialty number put on by two girls from Woodstock brought bursts of applause and laughter in the bucking broncho dance which was iflost realistic and amusing and something entirely new to their audience. Those who saw the health play were unanimous in praise and approval of the work of the children, their teachers and Mrs. Rulien, who were successful in putting on another interesting entertainment. Proceeds from the play will be used in the promotion of health work in our scho61s, where increasing evidence of favorable results from medical attention and nurses supervision mitfy be found. TIRED FINGERS FIRST COMMUNION SERVICES, MAY ^14 Tirrrf fiagrn to worn, sc wktit , and mending from mom 'tilt Hfghi Tired handi fjto th*t blink Df$of>tng W IM hrtJ I# think- 7W *rmj rAtff <mcf hmd fmW A cnrfy hr*d <e * mother't brtmt TIW voter so soft, $9 dtit . <$#?>*{ "Sleep weil.Jarimg, MtilrM Sewing 4ind menjtng the whole irf tnmf/k. from bre*k of dmwn 'ttil setting * A Morhn 'i Wort h Nrm Dome Sunday, May. thirtyVsix children from ,St. Mary's school will receive their first Holy Communion in St. Mary's church during the 8 o'clock Mass. In the afternoon at 2:30 o'clock they will renew their Baptismal Vows. Sallowing this, Rev. C. S. Nix will enroll them in the Confraternity of the Scapular of the Blessed virgin of Mount Carmel. Benediction of the Most Blessed Sacrament will be given immediately thereafter. The children in the class are as follows: Charles Adams, Henry Buch, Clarence Freund, Alexander Kloeckner, Earnest Kloeckner, Charles Miller, Jack Newcomb, James Regner, Richard Rosing, Norman SchaJd, Gordan Schmitt, Robert Smith, Thomas Sutton, Bernice . Blake, Winifred Carp, Mary Ann Diedrich, Mitzi Durland, Bertha Freund, Clare Freund, Gladys Freund, Madeline Freund, Frances Glosson, Virginia Mae Gross, Hilda Herdrich, Rose Marie Kunr., Nadine Schaefer, Ardella Kloeckner, Marion Kloeckner, Lorraine Schmitt, Mary Simon, Mary Lou Stoffel, Lily Unti, Virginia Williams, Elizabeth Weith, Betty Wirtz and Eleanor Young. " The boys acting a$ pages are Har- SKULL FRACTURED WHEN HORSE FALLS PRACTICED IN COUNTYSEAT 20 YEARS People of McHenry, as well as of Woodstock and the entire county,. were shocked and grief stricken to receive word this morning of the accidental death of Dr. Hyde West, ; well-known and much loved physician, and surgeon of Woodstock. According to a life-Long custom Dr. West was horseback riding in the early evening hours on Wednesday and it was while he was riding otx Dean street, where there- is a short half mile pavement, that his horse evidently slipped, throwing him to the pavement,^triking on his face and head and causing a very severe skull fracture. * , Chester Little and j Arthur ,Persson of Woodstock were passing in a car ^ and saw the accident- They immediately took him in their car to the Woodstock hospital, where all local | doctors were summoned and speci&l- 1 ists were brought from Chicago and Elgin, but his injuries were so severe old Michels and Robert Justen. The" that it was considered useless to oporgirls acting as flower Rirls are Betty L*)u Weber and Marilyn Schaefer ADDITIONAL EARLY ate and the end came between 11 o' clock and midnight. Native Kentuekian Dr. West was a native Kentuekian HISTORY OF SCHOOLS! and was experienced in horsen.anshin, ' | having ridden all during his life andi Since the storv on'the early history * >va* due ^ lack f *f^iency~ o.f our sc,h oo,l s w- as pri•n .te d, li astj. weeki th-a t t,h e accident occurred. RURAL SCHOOL EXERCISES The eighth grade" promotional exercises for McHenry will be held at the local high school Tuesday evening, May 16. Two hundred fifty students will be graduated from the rural schools of the county this yme.-: -'- HIGH WATER IS CAUSING DAMAGE MUCH FARM LAND NOW UNDERWATER Continuous rains in this locality ar* the cause of excessive high water in Fox river and the lakes region, where the water has reached a mark not registered since the floods of 1924 and 1925. Farm lands as well as lowlands are flooded and the water of Fox riv«?r is overflowing sea walls, filling basements and covering the lawns of the summer homes along its shores- According to residents along the river the water continued to rise this Thursday morning as the creeks feeding the stream were rushing with increasing volume from the surrounding country. At the dam below McHenry the flood gates have been ^opened and flash boards have been removed to relieve the high water condition whera the water above the dam is about one foot above the normal level. * The height of the dam is normally about 50 inches and this has been cut down to about 15 inches so it may be seen that everything possible is being done to let the river empty its swollen waters as rapidly as possible At Pistakee and Fox lakes as well as at Grass lake and other adjoining bodies of water new water levels are being reached and many places are being flooded, as well as many roadways being made impassable. Farm Land Under Water - Farmers along the river report many acres of plow land now under water, some of it being rendered usei less for a crop this year. Work is being held up and crops will be late because x>f the excess water, whi^h prevails not only along the ri^er, but all over the surrounding country, where plowing should be accomplished At Dutch creek, north of McHenry, more than 100 acres are under Water and the creek which is never more than 15 feet wide in its widegt place is now swollen to cover a half mile in width, Boone Creek in McHenry is swollen with a muddy, rushing current, which drains the land west of McHenry, and the McHenry golf course is considerably wet due to the continual rain. ' Lotus Beds Threatened Again Just as the lotus beds in Grass lake are increasing in size after the floods of 1925 when they were nearly wiped out, they are being threatened again by the rising levels and will, no doubt show the effects in their bloom next WANTED* 25 DAILY COMMUTERS BETWEEN McHENRY AND CHICAGO ,The Chicago & Northwestern Railway has agreed to provide a morning train reaching Chicago at 7:45 DST and leaving McHenry about 6:30 DST, if the McHenry Civic club committee can get at least 25 people to definitely agree to purchase monthly individual commutation tickets between McHenry and Chicago during the summer months. Now, you folks, who want to get some real train service to the city, please communicate at once with Chas. W. Goodell, local station agent, or Walter G. French, secretary of the McHenry Civic club. The 12-ride weekly Individual Commutation tickets can be secured if desired, in place of the 54-ride monthly tickets, but it is absolutely necessary to promise the railroad company at least 25 regular daily commuters. The return train leaves Chicago at 5:00 p. m. DST. Do you want to commute be- , tween McHenry and Chicago?" If so please get in touch immediately with the ' parties mentioned above- DASE MILK PRICE RAISED 30 CENTS TO GET SMALL BOOST ON SURPLUS GOVERNMENT SENDS BANKS INSTRUCTIONS None* "Hie puWic is hereby advised that beginning- Monday, May 15, a consolidation of the barber shops of Kercher & Dreymiller and Culver will take place and will be conducted by Culver and Dreymiller, located on the east sids Green atreet. •r: For the second time in the history" of the United States the Washington administration has sent out blanket instructions to the National banks of the country, suggesting how they should conduct their business. . Chicago banks last week received a form letter from F. G.-Await, acting comptroller of the currency, stating official Washington considers it a matter of prudence for the banks to suspend dividend payments for a time, to cut salaries of officers and otherwise reduce expenses of 'operation in order to strengthen their surplus and reserve accounts. The "kick" in the communication, says O. M. Smucker, is contained in the request that Jtie banks "please record this letter in your board minutes and acknowledge receipt of it to this office." OUR INVITATION TO VISIT EMPIRE THEATRE The McHenry Plaindealer invites as its guests, Joseph N. Miller and gue<?t to be present at the Empire theatre, McHenry, on Wednesday or Thursday evening, May 17 or 18, at which time the feature picture, "The Devil Is Driving," will be shown. Present this clinping at theatre for admission. MID-WEEK CLUB The Mia-Week club will meet-next Wednesday afternoon with Mrs. C. W. Klontz. Word was received about 6 o'cieck Wednesday morning by the Woodstock Daily Sentinel from Ole Stalheini, McHenry county's representative on the board of directors of the Pure Milk association, as folows: "We havei been up all night here at the LaSalle hotel and only about IW hour ago Dr. King, the arbitrator, reached a decision giving the farmers a 30 cent boost in their base milk price, effective not later than the middle of May. "I am all worn out from the strain of the last few days, during which time I have had but little sleep, and although I am not satisfied, I am sure the boys will appreciate that we have done the beat we could at this time. "The thirty cent increase will help out for the present, at least it means that we are making progress. "About the surplus I will not try to tell you now, but we have got a little improvement on that part too. "I am going to bed now and try and get a little rest, although I am afraid I won't be able to sleep after the long strain we have all labored under." No Change In Strike Plans Word from the headquarters of the independents at Wooastovji Wednesday was to the effect that there hfid been no change in their plan to strike next Saturday. They demand $1-80 at the farm for all bottle milk and $1.40 at the farm for all other milk not going into the bottle. At about nine o'clock Wednesday, morning the Daily Sentinel received further confirmation of the new milk price direct from the Pure Milk officer, and at twelve o'clock, standard time WLS carried message of Manager Don Geyer direct to the farmers who all over the .district were anxiously listening in. Tuesday the strike leaders, headed by E. L. Bosty leased the vacant rooms over Stone's Shoe store, Woodstock, which they plan to use as head, quarters. At the meeting in the court house Monday evening it was decided to meet again on Saturday to complete details for the proposed strike. Whether this meeting will be held or not has not been announced and a decision will probably await further developments. In his talk over the radio Mr. Geyer urged all association members to stand loyally by the association, which has just won for them an increase, as against a number of decreases which the farmers have had to absorb during the last few years. Mr- Geyer and Mr. Stalheim both believe the tide has turned and that we have received further particulars about the first school -and the first teacher which will Y>e of interest to our l-eaders and which we submit below. This information was given us by. Mrs. Mattie Smith of McHenry, a subscriber. As on record in the Archives of the State and Nation:. "The.-first family of settlers in McHenry Was that of John McOmber, Esq., consisting of wife and six children, the youngest, John M. McOjriber, being seven years of age. The first school was held in the office of Brown's log tavern. It was a large room for those times- A bar was situated in one end of same and school was kept in the other, the first teacher being Miss Matilda McOmber, oldest daughter of Johp McOmber, Esq. Later with our first school house the first teacher was Arculus Sias. The books used were the Columbia speller and the English reader, copies of which are now in the possession ef Mrs. Mattie Smith, the same being used by her fcther, John M- McOmber. Among the Sidfc Mrs. Minnie Miller went to the Swedish American hospital, Rockford on Thursday, where she was operated on Friday. She is getting along very nicely. Miss Eleanor Sutton has returned home from St. Theresa's hospital and is recovering nicely from hef recent operation, Mrs. N. E. Taylor is at St. An thony's hospital, Chicago, where her condition does not improve as rapidly as is desired. --- Mrs. Frank Sullivan of River Forest, daughter of W. F- Burke of this city, is recovering nicely from her very serious illness. Mrs. Peter Neiss was taken to St. Theresa's hospital, WaukegaQ, where she underwent an operation Tuesday morning for mastoid. In the prime of life, Dr. West leaves a brilliant career unfinished, and; friends and his numerous patients throughout this part of the state mourn his untimely death. Woodstock needed him and McHenry county needed him, for his skill as a surgeon stands unmatched in the county and his kindly words of advice endeared him to all who knew him. Practiced Twenty Years Dr. West came to Woodstock soon after?-he graduated rrum Medical school and he has practiced there for more than twenty years, where he was held in high regard by the gen* eral public. He was born in Louisville, Ky., and was almost 48 years old. He is surly vived by his parents, Mr. and Mrs. I, G. West of Louisville, Ky., a sister,"' M,rs. Eunice Keadrick of Norfolk, Va., J his wife, Mrs. Florentine West, and •11 •• little son, Hyde West, Jr., four year$. old. of Woodstock. Funeral arrangements were not completed this morning, awaiting word from his parents, but it is expected that the funeral will be held Saturday at Grace Lutheran church, ^Woodstock. Services will probably btj in charge of Woodstock Knight Templars, of which he was past commander. " M'HENRY RURAL SCHOOL MEETINGT A meeting of the directors of the Tural ^ehools, underlying the McHenry community high school district, was held recently at the local high school. . Wayne Colahan, superintendent cf the Woodstock schools, was the guest speaker, and Miss Clara Greaves had charge of the recreation period. The domestic science department furnished refreshments, George Tonyon, was ps-eleCte^ chairman of the group and ICernetn Cristy was elected a member of ;he jKobert x£nox of Terra Cotta, son o<' library board. Roiand 'McCannon and Mr. and Mrs. Mike Km**, was kkeij Caroline Bauer of the Lincoln school to 5t. Theresa's hospital, Waukegan, Sunday for observatitfti. Mrs. A- K. Burns returned home Sunday night front tH#i West Suburban were cksaen teacher members DISSOLUTION SALE e, Nobby Style Shop has a hospital, Chicago. She is still under ad jn this iss the care of a trained nurse. Miss Isabel Niesen and Miss Monica Belter, ^ho were injured in a rece*»t auto accident, are recovering nicely although each has a fractured knee in a cast. Miss Beller is confined to her home at Orchard Beach, while Miss Niesen is at her. home o& Main street. TWO DROWN SUNDAY The first drowning of the season occurred at Fox Lake Sunday when Edward Brenwell of Fox Lake, an employe of the Illinois Bell Telephone company,, drowned in Fox Lake ,when thrown from a rowboat that was capsized by high wind and waves. Brenwell started to swim towards a small island, but went down. ue, announcing a partnership dissolution sale, ending May 15. Many bargains axe listed.. The sate is now going on. •SO-fp TIRE PRICES UP MAY GO HIGHER. If you need tires now is the time to buy them, says Waiter J, Freund, West McHenry dealer, as the tnuJe sees two more boosts possible. In his Goodyear ad this week Mr. Freund quotes some attractive prices. He also conduct^ an up-to-date repair with a guarantee on all his work. Lake, clung to the boat until Barstow of Waukegan west to his rescue in a motorboat Hellmuth AT THE PIT. M'HENRY Free entertainment by Vera Brown's Alabama Cotton Pickers, colored orch- His and entertainers, Saturday, May 13. ^ ) 50-fp. Fred FREE DANCING Come to Nell's Miniature Ball Albrecht, 11 years old, j Room, one mile east of McHenry. son of a dairy farmer near Liberty-1 Saturday night, Mav 13. Music by Al ville, drowned Sunday in the Des i Klemme and Ray McAndrews. Free Plaines river. With his 13-year-old j dancing- 50-t"p brother tha boy had gone to the river 1 to fish. They were sitting on the | A nice selection of potted plants embankment of the Buckley \road for Mother's Day. We also carry a the farmers in the Chicago milk shed I bridge when the earth gave /Way full line of perennials and vegetable can look forward to better thingxj throwing the younger boy Into twelve] plants. Vycital Hardware Store, on •head. •- | feet of water. | Green street. 50-fp •