Crawfordsville Daily Journal, Crawfordsville, Montgomery County, 31 October 1891 — Page 3

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GOOD

Will

SANTA CLAUSSOAP.

You ftSUME v/ljy 'TI3 S^TA Cl^us?,

The n=ASoK^ PLaiiJ

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NK.lAlRBANK&Ca

lnope.

SAirtrNic^s

it's

P^ofiije

THE R^FOL'TE SA'NT.

•mtii

A Grand Cut Sale

KOftONE WKEK, OUR-

Decorated Sets of Dishes.

LADIES' CORK SOLE TURNED 8HOE.

I A nifQI They will keep your LriLrlLOi feet dry and warm. ED VAN CAMP & CO.

18 Carat Cigar

CHICAGO.

rrylliing in the Queeus.vare Line at (ireally reduced prim-s. Hemember this cut lasts for one week only.

Ross Bros., 99-Cent Store-

MTKNT APFUEO FPU.

OROM-8EOTION OF TOE OF

MANUFACTURED EXPRESSLY FOR

,J T. LAYMON.

AT BONNELL'S OLD STAND.

Watch This Space Fill Up.

MAURICE THOMPSON,

Oom.m©2n.cirLg Mondav. SEPTEMBER 28,

deliver the Indianapolis

Journal for 15 Oents "W eek. Call and leave you subscription.

PERSONS WHO PREFER

Horn.© Mad© Bread. To that Baked by Bakers

A I &

Home Made Candies.

Koaton Chips, Chewing Taffy, Butter Cups' Strawberry Taffy, Opera Caramels, Chocolate Walnut Chocolates, Vanilla Cream AlmondB Peanut Mnrshtnallow Drops, Maple Bon-Bods Jeed Caratnols, Almond Fruit,

Common Soap

Rots Clothes and Chaps Hands.

IVORY SOAP

DOES NOT.

DAILY JOURNAL.

SATURDAY?OCT. 31, 1891^

The Daily Jouhnal Robinson & Walluco.

is for sale by

FOETY-NINE BLUE BOTTLES.

A Watch Baffle Which Has Two or Three I Interesting Sequels. Jerry Riley is in poor health and desiring a trip to Colorado decided to radio off

hiB

fine gold watch to raise the

necessary stuff. About fifty chances were sold at 0110 dollar a chance and last evening the gang assembled in Sullvan's saloon to shake the loaded ivory bones. The joyous rattle went gailj on and the exultant howls and muttered curses gave token as to the good or bad luck of the contestants for the watch of Mr. .Terry Riley. One man who had a chance was not there. It was Tom Houlihan and he was represented by a proxy, John Coleman, who when it came his turn to throw laid a large fat "hokeybo"

the

counter and murmuring a little witch's charm did not let up until heliad thrown 49 out of a possible 54. This was simply immense and those who threw afterward threw with a spirit as discouraged and meek as that of the Crawfordsville Water and Light Compay. As soon as it was noised abroad that the merry Coleman lad had thrown 49 Messrs. George Toney and George Skaggs started on the full jump for the homo of Mr. Tom Houlihan, the owner of the watch. Mr. Houlihan was ruthlessly drugged from his bed and asked wha't he would take for his chance. Ho stated that he would be glad to part with it for the dollar he had originally paid. The deal was just being closed when up rushed John Coleman who also wished to buy the "chance" of Mr. Houlihan. To keep him still the others gave him 810 and closed matters up with Houlihan for another dollar. They returned and got the watch. They gleefully bore it away but this morning a strange rumor is afloat on the stre 'ta. They do say that it is not Mr. Riley's good watch that was raffled off last night but a watch which is given as a prize with certain brands of baking powder and corn starch. If this be true it was a mighty mean trick and Mr. Houlihan is not the only man who drew hooks.

We Are Glader Than Ever. The other day The Journai. received a telegram from B. B. Clark, stating that he had knocked out one Sykes in the first round. For the time we had forgotten just who this illustrious Sykes was, but nevertheless wo stated that we were glad Mr. Clark had "done him." The following letter received this morn-, ing from Madison, Wis., brings the whole matter to mind and we now recall Sykes. Together with other small fry who have at various times gone after the bacon of The Jouiinal aud other nowspapers he had been forgotten. Now that his inglorious memory is revived by his inglorious defeat wo are glader than ever that he was knocked out and append the explanatory letter of Mr, Clark: To tlio Editor Crtiwfordsvllle Journal:

Madison, Wis., Oct. 28, 1891.—I am just in receipt of The Jouiinal containing notice of the result of the Sykes suit againt me for libel, while I wns publisher of the Colfax Courier in 1887, and which has since been dragging through the courts. I admire your comic way of treating the notice, but when* you disclaim any knowledge of either Sykes or myself, it brings back so vividly to my mind the old adage, "Wheu once we are gone, how soor are forgotten."

It would be an easy task to allow my name and "previous condition" to become swallowed up in the great aching void, but how can you so easily forget Sykes? Ransom, oh, Ransom, is this not humiliating? Yoti, who labored so long and so hard to establish a preced ent, and starjt a one horse St. Jacob's Oil institute for wounded honor yon. who tried in vain to dally with the bloated aristocracy of the Chawfords-

vilijE

Shelled Walnuts, Filberts Almonds.

Hicory Nuts, Brazils, Pecans,

Sour Drops.

At the Fulton Market. J. C. WAMPLER.

Jouknaii for libel, because the re

lentless McCain held you up by the tail end of your reputation, when you tried to work the orphan children of Joseph Batcher out of their fi.ther'B earnings, and when the grinding heel o£ the tyrant sheriff had cast jour emaciated form into the bastile of Montgomery county, this same McCain heralded it before the world as a juat retribution. In all of these years of trials and troubles you would have gathered Mack's slieckels even as you gathered "ginseng" in the woods around Bowers, or speared the frisky frog in the fair waters of Potato Creek. I ask in the name of yoar shattered honor and depleted exchequer, if this is not too much?

I appeal to Capt. Sims, the venerable jurist of Frankfort, and you, oh Ransom, to bear witness that I am tho one and tho same B. B. Clark, (not B. F.,) who for foiir long and weary years the stern tribunals of justice, dallied with the strong arm of the law, and knocked you out of the legal arena, That I have dono all this that the or, phans might be protected from the "Jackals of Society," and that the free and untraunneled rights of the preeB be not throttled in denouncing wrong. Tell him, tell him, Ransom, that I am the same ex-editor, ex-postmaster, and now machine friend who "done" all these things. Basoom B. Clakke.

THE COUBT'S OPINION li

On theEleotrio Light Oase-Salient Points, As this decision iB of great interest to the people of Crawfordsville, we give in full tlie opinion bearing upon the 8 abject of furnishiug electric for private residences and business houses. After

Bhowing

that the City Council without

any direct statutory authority to put in a plant nnd light its streets,•alleys, and other public places, goes on to say:

We can see no good roason why they may not also, without statutory authority, provide and maintain the necessary plant to generate and supply the electricity required. Possessing authority to do the lighting, that power carries with it incidentally tho future power to procure or furnish whatever is necessary for tho production and dissemination of the light. The only authority cited which holds a contrary doctrine "is that of Spaulding vs. Inhabitants of town of Peabody, (Mass.) 2G X. E. 421.

We are, however, unable to recognize tho validity of the reasoning in that case. We are unable to see the analogy between the city 6f Bos'on, localise authorized to light its streets, engaging in whale fishery to procure oil for that purpose, or tho other supftosed cases, ind the generation and supply of electricity. Electricity is not a commodity which can bo bought in tho markets and transposed from place to pluce like oil. Wo take judicial notice of tho laws of nature's powers and forces, and therefore take judicial notice of that which is known as electricity, and of its properties. Not of course of the various methods of generating and transmitting or using it, but of the thing itself and of its nature. As in many other eases, hero the judicial prosumption outruns the fact, and we are supposed to know and to take judicial notice of more than wo can in fact know in the present state of scientific knowledge. We must know, however, that it can not be generated and transported from place to place as we can procure and transport oil, clothing, etc., and that it can only be conveyed from'the place whore it generated to where it is needed for lighting the streets or to the numerous inhabitants of a city, so as to enable them to use it as a general illuminant by invoking aud exercising tho power of eninent domain.

The corporation, possessing as it does, the power to generate and distribute throughout its limits electricity for the lighting of its streets and other public places, we can Bee

But little authority has been cited bearing on the precise question and we have been able to find but little. The case of Maudlin vs. Greenville (N. C.) 8 Lawyer's Rep. Annotated, 291, has been cited by the appellee. That was, like this, a suit by tax payers of the city of Greenville to restrain the city council from purchasing and opperating an electric light plant to light the streets and public buildings of the city, and from

UBiiig

it in lighting private resi

dences. In that case the court

good reason why

it canuot furnish it at tho same time to the inhabitants to light their houses or placeB of business. To do so is, in our opinion, a legitimate exercise of the police power for the preservation of property and health. It is averred in the complaint that the light which the city proposes to furnish for individual use is the incadescent light. Here again is a fact of which we are authorized to take judicial knowledge. A light thus produced is safer to property and more conducive to health than the ordinary light. Produced by the heating of a filament of carbon to the point of incandescent in a vaeum, there is nothing to set property on fire or to consume the oxygen in the surrounding air and thus render it less capable of sustaining life and preserving health.

Bays:

"The city has the express power to own property and the implied power to light the city. Considering that some discretion as to tho mode and manner should be allowed the municipality in carrying out the conceded power to light the streets of the city, we hold that the purchase of the plant was not ultra virus and void, so far as it was designed to produce electricity suitable for and used in lighting the streets and public buildings of the city." The court, however, denied the right to furnish the light to the individual citizen on the ground that to do so would be entering into private business, outside of the scope of the city government. The court refers to the lack of authority on the precise question and that it is largely a question of first impression without authority.

The case of Thompson-Houston Eloctric Co. vs. city of Newton, (Iowa.,) 43 Feb. Rep. 723, was a suit to enjoin the city of Newton from purchasing and operating an electric light plant and furnishing the light to tho inhabitants.

The only statutory authority claimed by the city is as follows: "To establish and maintain gas works or electric light plants, with all the necessay poles, wires, burners and other requisites of said gas works or electric light plants." Acts 22 Genl. Ass. (Iowa) page 16.

It will be observed that this statute does not in terms confer any power not, in our opinion, as above stated, inoluded among the implied powers of municipal corporation. The court says: "It is also urged that the city has only the authority to erect an electric plant for the purpose of lighting the streets and public places of the city and is not authorized to furnish light for use in the houses and stores of its citizens. It has been the uniform rule, that a city, in erecting gas works or water works, is not limited to furnishing gas or water for use only upon the streets and other public places of the city, but may furnish the same for private iise and the statntes of Iowa now place electric light plants in the same category."

The case of Smith vs. Mayor, etc., of Nashville, 88 Tenn. 4G4 12 Southwest Rep. 824, if also in point as to the principal involved. The character of the city of Nashville contained the following in its enumeration of the powors conferred upon the city." To provide the city with water by water works, within or beyond the boundaries of the city, and to provide for the prevention and extinguishment of fires and organize and establish fire companies."

Acting under the authority thus oonferred, the city established water works and in addition to making provision for the extinquishment of fires it furnishes water to the oitizens. The right to do this was disputed and formed the principal subject for controversy. The court said: "Nothing should be of greater concern to a municipal corpora

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tion than the preservation of the good health of the inhabitants. Nothing can be more conducive to that end than a iegular and sufficient supply of wholesome water, which common observation teaches all can be furnished in popular cities, through the instrumentality of well equipped water works. Hence, for a city to meet Buch a demand is to prefcrm a public act and confer a public blessing. It is not strictly a governmental or .municipal function, which every municipality is under obligation to assume and perform, but it is very closely akin to it, and should always be recognized as within the scope of its authority, unless excluded by some positive law. It is the doing of an act for the public weal—a lending of corporate property to a public use. It can not be held that a city in doing so is engaging in a private enterprise, or performing a municipal function for a private end."

While the authorities on tho precise question are meager, we think the weight of authority as well of of reason tends to sustain the right of the municipality through its proper officers, acting in the exercise of a sound discretion to furnish light as well as water to its inhabitants, not only in its public placeB but in their private houses and places of business.

WILL BEQEIVE ~T0-NlGHT.

A List of Those Who Will Celebrate All Saints Eve By Beceiving Guests, Hallowe'en begins at p. in., and holds good until midnight. It will be more brilliantly observed this year in Crawfordsville than ever before and several brilliant receptions will le held. The most of those receiving have issued invitations to those desired, nnd evoryone is not expected as has usually been the case on Hallowe'en. The following is a list of the places open, together with the names of those receiving:

Tho following ^oung ladies will receive invited guosts this evening at the heme of Miss Mary Goltra: Misses Mary Goltra, May Kline, Hattie Detchon, Margaret Morgan, Lulu Britton, Mary Morgan, Belle Sprague, Mary Moore, Blanche Divine, Emma Thomson, Nan Elston, Nellie Coutant, Mattie Thomas, Mne Wellington, Ora Moffett, Anna Lee, Sadie Briton, Hattie Harding, Nelle Tilford, Sallie |Moore, Nolle Wiles, Julia Walk, Ota Nicholson, Ada Detchon, Bessie Wood and Grace Davidson.

The following young ladies will observe the solemnites of All Saints eve at tho residence of W. H. Bonnell, 211 Morgan street, hours from 8 to 11:59: Maud Bonnell, Allie Marshall, May O'Haver, Belle Johnson, Jennie Simian, Retta Barnhill, Annie O'Haver, Apna White, Anna Watson, Carrie Wilson and Emma Johnson, assisted by Maud Hall and Etta Finch, of Logansport, and Daisy Nasli, of Indianapolis.

From 7:30 to 11:30 at the residence of D. C. Smith, the following young ladies will receive invited guests: Misses Agnes Smith, .TesBie Thompson, Katharine Campbell, Elizabeth Binford, Maude McMechan, Manette Wolfe, Helen Watson Flora Work, Fannie Binford.

At tho residence of P. C. Somerville, on east Main street, the following ladies and gentlemen will receive invited guests in honor of S. P. Johns and wife, of Sedalia, Mo. Hours 7 to 10:30: Misses May me Somerville, Anna Willson, Anna Milligan, Nellie Coutant, Jennie Bryant, Helen Smith and Messrs. Jesse Greene, Harry Seaton, Hubert Lucas, Robert Thomson, A1 Condit nnd Sam Morrison.

The O. M. Y. M. A. will lie at home to invited guests from 8 to 12 o'clok at 408 south Washington street. The club is composed of the following young ladies: Misses Fannie Birch, Ada Epperson, Dora Henry, Carie Shaver, Winnie Gdrard, Mattie Hostetter, Ada Hathaway, Annn Burns, Edith McClain.

Miss Mame Spilltnan, assisted by Misses Annie Keeney, Lulu Keegan, Oakie Hanna, Lulu Bromley nnd Hattie Hauser and Messrs. Jere Keeney, jr., Will Martin and Guepel, of DePauw, will receive from ten to half past eleven at 314 south Washington street. No invitation list.

To ltUspel Colt»

Headaches and-Eevers, to cleanne the system effectually, yet gently, wban costive or billious, or when the blood is impure or sluggish, to permanently cure habitual constipation, to awaken the kidneys .and liver to a healthy activity without irritating or weakening them, use Syrup of Figs.

We are Now Prepared to Show You an Elegant Line of

CLOAKS of ALLKINDS

AT GREATLY REDUCED PRICES.

We guarantee you a saving of from $2 to $io on every Cloak. call as we can please you both in Price and Quality,

MILLINERY.

We have Teceived an elegant new line of Mill-ncry novelties. Ladies should call and see them. Everything New and Stylish and at one third less than you can buy same goods elsewhere. Yours Resp'y.

Next Door to Elston Bank. The Cheap Dry Goods Man.

Be sure and

W. R. GOSNELL,

Has opened a branch office of the

The American Steam Laundry.

129 South Green Street,

Laiuid»y left there will rcceive prompt attention.

--AT—

Natural Gas.

Having supplied ourselves with a full assortment of Burners, Gas Fixtures, Valves, Fittings, Piping, etc., etc.. we are now PREPARED to give estimates ar take contracts for piping Natural Gas. With new tools, Experienced Workmen from the natural gas belt, reasonable prices and prompt execution of orders, we hope to secure our full share of the public's patronage.

Corner College and East streets.

ONE NIGHT ONLY SATURDAY, OCTOBER, 31.

The Dramatic. Scenic and Mechanical Event of the Season. FlorenceBindley's Great Comedy Drama

THE PAY T3R.-A.I3ST.

See the wonderful incline wreck scene. Nothing liko it ever attempted. Marvelous Railroad Scene. A train of cars uncoupled while running at full speed. The startling boiler explosion, the effect is indiscribable. Tho

Picturesque Coal Mine Scene. Fulfof sensational features, crowded with oxciting incidents, overflowing with surprises. Replete with fun, laughter, singing, dancing, und original music.

A COMPANY OF UNEXCELLED PLAYERS.

THE NEW

YOltK

HEltAXil) SAYS OF Till!

Let me whisper a word in your ear.—Now Your Season Ticket for

Y. M. C. A. COURSE.

Six Splendid Entertainments for $1.50

The same Course eold elsewhere for $2 anil S3 for a Season Ticket.

The Whitney-Mockridge Concert Co. The Loading Company of its kind in the country.

Prof.

WHO THEY ARE:

R. L. Cumnock, One of tho Leading Elocutionists of tho Wqst.

Rev.

Frank Bristol, D. 0., One of Chicago's Most Brilliant Orators.

Tho

FIJAY.

"MisB Florence Bindley is an artist in every particular, a cultivated voice, her dancing the very poetry of motion, her acting a revelation. Her fascinating smile can be compared to a sunburst through a cloud, dispelling all gloom and making happy all those around her."

Usual prices. Seats on sale at Robinson & Wallace's

SAY, FRIEND,

is the lime to Buy

Miss Olof Krarer, The only Esquimaux in the World.

Lady Lecturer

Prof. John B. CeMotte, Illustrated LecturGr. "A mostlcnrneil and eloquent gentleman."

The Swedish Male Quartette, Concert Company, Second to none,

The following gentlemen have tho tickets for sale: O. 11. Fry, Joseph Hcrron Gcorgo Housor, Henry Cnyle, Tully Crabbs and W. E. Vanderbilt. Send in you namo on a postal card to N. I!. McCay, General Secretary, specify lug the number of tickets you want and someone will call upon you at oncc.

Fiist Entertainment, Not. 24. Single Admission, SO Cts.