Indianapolis Journal, Indianapolis, Marion County, 27 January 1883 — Page 3

THE GENERAL ASSEMBLY. Continuance of the Discussion of the Amendments in Both Houses. An Adjournment Had Until Monday, When a Vote Is Expected to lie Reached. DISCUSSION OF THE AMENDMENTS. The discussion of the constitutional amendments occupied the attention of both houses of the Assembly yesterday, and will be continued and probably concluded Monday. There was a very large number of visitors present yesterday, and the debates were listened to with much interest. Prominent among them were all the leading representatives of the Woman’s Christian Temperance Union and similar organizations in the State. In the Senate, the debate was begun by Ser.ator Smith, of Randolph, who read a carefully prepared argument, Which made a favorable impression. He was followed by Senator May and Senator Duncan, who spoke briefly in support of the proposition that the amendments were not properly recorded. One of the best legal arguments made during the entire debate was that of Senator Sayre, of Wabash, who spoke for an hour at the beginning of the 'afternoon session. He wan frequently interrupted by questions from the Democratic side, which he answered readily and forcibly, finally, Senator Bell asked: “Will the senator from Wabash (Mr. Sayre) state whether nr not be is in favor of prohibition?*’ Mr. Sayre responded very emphatically in the nflirmative. and said that he. unlike some of the senators on the other side of the chamber, was not ashamed to declare exactly howlie stood on the question. He was followed by Senator *Van Vorhis in a lengthy address, which consumed the remainder of the session. He argued, that the amendments were not pending, and although he regretted very much to be alienated from his party associates on this subject, he was compelled to the course he had pursued by his convictions as to what was legally right. The discussion will be resumed in the Senate Monday afternoon, when Senators Henry, Marvin and Bell will *}>eak, the latter closing the debate. In the House, Mr. Stewart, of Ohio county, began the discussion with good effect, and was followed by Mr. Moody, of Dekalb, who j spoke until the recess, and finished at the afternoon session. Mr. Wiley, of Benton, who is one of the brightest members of the House, followed at considerable length, his argument being mainly devoted to the legal aspects of the case. In support of the position he assumed he cited quite a number of authorities, some of which have not been before considered in connection with the question. He received many compliments on both sides of the House. Probably the strongest speech yet • made in the House in support of the majority report was by speaker Bvnuni, who concluded the discussion yesterday, his discussion being based on constitutional law. v rhe debate will be resumed Monday afternoon. THE EXCURSION TO EVANSVILLE. A number of the members of both houses, together with a number of prominent citizens. including representatives of the press of course, will go to Evansville this morning by special invitation of the citizens of that place, who are desirous that the proposed asylum for the incurable insane should be located there. The train will leave at 7:80 o’clock this morning, making the run in five hours, and will return tomorrow evening. “Lamaseo” has made expa rations lor the reception and entertainment of the distinguished guests.

TIIE RECORD. IN TIIE SENATE. Speeches of Senator* Smith, May, Duncan, Sayre and Van Vorhis. Fridav, Jau. 26—10 a. m. Tiie Lieutenant-governor commanded order and attention while prayer was off. red by Rev. W. H. Hay. On motion by Mr. Hutchinson, the reading of the journal of yesterday was dispensed with. BILLS TO BE PRINTED. Mr. Spann called up an amendment heretofore proposed by him ro the rule* of the Senate, adding to rule 59. after tiie word “hundred’-'these Words; “Except that all bills shall be printed that may bo recommended for passage, together with all amendments that may be recommended by the commit tee,” On his further motion, the amendment was agreed to. PETITIONS, MEMORIALS AND REMONSTRANCES, Petitions praj ing for a submission of the constitutional prohibition amendment at a special election, and referred t* the temperance committee without reading, by Messrs. Brown, Lockrideg, Mclntosh—2,Benz—s, Davidson, ami Henry 5 petitions. Mr. Mclntosh presented a petition from his district against chanting tiie judicial circuit. It was referred to the proper committee. On motion of Mr. Bundy, tin* committee on revision of tiie journal whh instructed to report each succeeding day on tho secretary’s uunutes of tiie day before. Numerous reports from committee* were snb- ' nutted and placed ou the files for future action. THE CONSTITUTIONAL AMENDMENTS. The Lieutenant-governor announced tiie special order for tide hour—lo:3o o’cieok—being the consideration of tho resolution and committee 1 reports thereon concerning the status of the proposed prohibitory amendment to the constitution, by the Senate as in committee of the whole. The Senate thereupon resolved itself into a committee of the whole, Mr. Heury iu the chair, ami proceeded with the discussion. Mr. Smith, of Delaware, finding that general latitude had oeen taken in thi* debate, read from ' manuscript, not making an elaborate legal argument upon tbe proposition pending before the! committee, but referring generally to matters ; inriiUAtely connected with the proposition. He referred to tiie Wabasli Si Erie canal ! amendments, and declared they were identically in the same position with tiie proposed prohib- ' Rory amendment now, in ao far as the defective i record is concerned. If there was a defect then, ! and it is not cured, then those amendments ■ were not legally adopted. But he thought otherwise. And he believed the amendments of 1881, acted upon by the last General Assembly, are before this General Assembly for its action Can it be possible a trivial clerical error should alone cause this hostility, or is there another direct cause demanding it shall be done to cancel au existing obligation! Thors can be no controversy luR that the people have the right to change the organic law of tiie State, amt vote thereon directly after preliminary steps have been taken by their representatives. Tho General Assembly ia not tho supreme power; It bears the same relation to the. people that an agent does to his principal. The agent will not oppose tho will of his principal, bur use his best efforts to carry it out. Being loyal to the provisions of tho constitution, we fttioalil not hesitate to obey the people. From every part of the State more than 60,000 petitioners have repeated tiie demands made upon the last General Assembly for submission of the amendments referred to this Legislature for its action. No remonstrance has reached us, s.nd party ties arc not strong enough to prevent bis submission ro the wishes of the people. And lie was decidedly in favor of a submission ut a special election, because the people so petition, and not because the party with which he acts so declares. Ho hoped tho minoritj’ report would be adopted. Mr. May preferred to vote against the amendments on their passage, thus reflecting tiie views of his people, but it happens a question of Jurisdiction has arisen—a legal proposition that must be solve and by legal rules and legal practice, lie could not come to the conclusion thut these nmemdiuents arc properly before this General Assembly. No lawyer will say we should go outside of the constitution, article 16, soctions 1 and 2, to ascertain the only wav iu which amendments to that instrument can he considered by the General Assembly. It is as plain to n man of common sense as the noon-day sun. Much has been said about outside authorities, but he defied any ono to show any decision of any Qouit on the two sections of ihe article referred to. Then, if uo authority of thuSuprciue Court can be found construing these section*, what next should he duucf It ia the custom of

lawyers to go to sister States for tbe next best authority. It Is not necessary to go far to find a decision exaofly on this point—a recent onu in the State of lowa, which covers the whole point. Mr. Duncan regarded this as a question of purely constitutional law, and cannot and should not be made a proper subject of party caucus. No caucus oan bind bis judgment and conscience upon a subject of constitutional law. The senator from Wayne, Mr. Poulke, dropped into a political threat uu worthy the dignified legal argument he wad a. Tbe constitution is paramount to the Legislature, and its acts must be controlled by that instrument. The journal of the two bouses are made the constitutional repository for proposed amendments to the constitution, clearly contemplating, If a proposed amendment fall, that only a brief entry need to bj made, but if agreed to must be entered with the j'ens and nays thereon, and referred to the next General Assembly. The rule of construction of statutes should also apply here. The ratification of the amendment now under consideration would prove a nullity and be overthrown by the courts. Viewing it as a partisan, its submission at the general election next year would prove beneficial to the party with which he acted; but being sworn to support the 16th article, as well as the entire instrument, be could uot conscientiously favor the minority report. On motion of Mr. Bell the committee rose, reported progress and asked leave to sit again at 1:45 o’clock. The Senate concurred in the report of the committee. Senate then adjourned till 1:45 o’clock p. Afternoon Session. The Benate immediately resolved Itself into a committee of the whoie [Mr. Henry in the oliair). Mr. Sayre believed this to he the first time in the history of the Democracy of Indiana when they have been driven to Republican lowa for succor, and the only time when ReDUblioans are compelled io cite almost entirely Democratic authority and Democratic precedents in favor of the adoption of the minority report. He was understood to say that iu construing the constitution it. is not always to be done according to the letter. Every lawyer who reads the constitution for himself does so by the aid of certain rules of construction, because of the infirmity of human nature and language, which become to him part and parcel of the constitution itself. The spirit of the instrument itself Is to be determined by many circumstances. In this case, if the word “entered” does not mean to spread at length upon the journals, then it is the duty of overy senator, if be can flud in the dictionary or in the common acceptation of the meaning of the word any meaning that, will permit further action for the purpose of accomplishing this result, it is bm sworn duty to give it that meaning and let the progress of these amendments go ou. Another rule which ought to be applied in determining questions of this character is to look at precedents. The Wabash and Erie canal precedent Is one that, ought to be binding upon the consciences auu oaths of members of this General Assembly. Referring to the plea of strict constructionists, lie declared that no Journals of any General Assembly have ever .vet been published according to the strict construction of the constitutional provision, that “each House shall keep a Journal of Its proceedings and publish the same,*'as neither House lias ever published its journal. Tuey have been published under au act passed by both. Mr. Van Vorhis had not intended to address t'ne Senate again upon this subject, bur under the circumstances it seems proper. The importance. of the subject is a sufficient excuse. No more sacred trnst has been committed to men Thau is liy article 16 of the constitution. A proposition to amend the organic. law would appear to be a matter of the highest importance, requiring the most careful and conscientious consideration. It has been denied that this body has any right to deliberate upon this question, or for any member to express any opinion, except to say “aye” when the member's name is culled. Tills is calculated to excite surprise. It has also been said we have no right to refuse to agree to these amendments proposed to Hie constitution. He believed the doctrine of submission as advocated in the last campaign to be a monstrous absurdity. He spoke at, great length. When ho had concluded, on motion of Mr. Graham, the committee arose, reported progress, and asked leave to sit again Monday at 2o’clock r M. The report was concurred in by the Senate. On motion, it. whs ordered that when the Senate adjourns it be till Monday at 10:30 o’clock. Mr. Benz offered a resolution, which was adopted, allowing the assistant doorkeepers $5 n day, Mr. Duncan objecting to the twelve doorkeepers of the Senate being allowed more than the seven doorkeepers of the House, inasrauen as the latter do as much work as the former. The Senate adjourned, uncL*r the order adopted this afternoon, till Monday at 2 o’clock V. m.

IN THE HOUSE. The Discussion by Messrs. Stewart, Moody, AViley and Bynum. Friday, Jau. 26, 10 a. m. The House was opened with prayer by the Rev. Rufus G. Black. Mr. Smith, of Tippecanoe, moved that when the House adjourn it be until 2 o’clock Monday. Mr. Wiley moved to amend by saying 10 o’clock on Monday. The yeas and nays being demanded, the vote resulted: yeas 44, nays 49; so the motion to amend was lost. Mr. Howland made an ineffectual motion to amend by saying until 10 o’clock to-morrow. The question being on the original motion, the yeas nnd nays were demanded by Messrs. Jewett and Wilson, of Kosciusko. The vote resulted: yeas 65, nays 37. The special order fur the hour was the resolution of respect on the death of the Hon. Henry C. Merdltb, late representative from Wayne county. On motion by Mr. Mering the consideration of the resolution was deferred until Tuesday, Jan. 30, at 3 p. U. By consent, Mr. Bryant introduced bill, 11. B. No. 300, to define the Twentieth judical circuit and creating the Forty-third judicial circuit, which was read the first time nnd passed to a second reading. Mr. Jewett moved that the House do now resolve itself into a committee of the whole for the purpose of continuing the consideration of the reports from the judiciary omuinitrce in reference to the constitutional amendments. The motion was agreed to, and Mr. Jewett was : called to the chair. j Mr. Stewart was recognized by the chair, and ! said that he did not intend to detain the House | at any lenght by discussing the question under consideration. Asa member of the committee, ! it will be expected that I say something ou the queHtiou. It has been under discussion by luomI bers on this floor, and by the people of the State for many months. As representatives we are i each to discharge our dutv in this matter in the 1 light in which we may discern the question of j tlie legality of tne pending nmapdinents, and hej lievlug, as I <io, that every member of this I House h:ia made up his tuind on the. question, I and that the conviction is firmly fixed, I do not I feel called upon to debate the question at j length. In my opinion, if the Senate | had on yesterday reached a final vote and the | House had done the same, the result would not I have been any different from what, it will be | when the final vote is taken. I can belter servo I my constituents by voting correctly on this question than by cousuudug the valuable time j of the House in useless debate. It is a question, however, that eacii member must settle for himself, and I will patiently bear any member who feels called upon to express himself in regard to I the legality of the pending amendments. T'e j people are much more interested in how we shall j vote man they uim In what wo ahull say be tore, we vote. That certain amendments to the constitution wre proposed and received a majority of the votes of members elected to each or the two hutiH.-H of the ia*t Geueral Assembly, of this there is no doubt, and that an exact, copy of these amend incuts can be procured there is no doubt. I think the proper entry has Wen made on the journal. The object of entering the resolutions on the journal is That they may be identified. There is no pretense but that the identical resolution can be off. red to tlie General Assembly. The public is os well informed of the identity of these resolutions as though they had been entered in full on the journals with every “i” dotted and every “t” crossed. It is tioc dangerous to submit any question to the people. In this matter we enact uo law; wo simply prepare the way for the legal voters of the State to determine whether or not they desire certain amendments to the constitution. I believe, as a lawyer, that the amendments can be legally submitted to the people, and of right ought to‘be so submitted. Mr, Moody said: This is a deliberative body. It is nor. a caucus nor apolitical convention. It exorcises the highest power and occupies the most responsible position that ir is possible to confer up >n man. It is one of the. results of a great experiment that wus begun upon lids continent over n century ago, under circumstance* that astonished the civilized world. We stand here to-day ns a great inquest upon every fundamental element which carried into praoiioe and guve U 8 this government. We have no government in this country except the law. We have, no law except that made under prescribed forms. The first prescribed form is tiie constitution, and our constitution is the result of the deliberative Judgment of the representatives of the people assembled in convention over fifty years ago. Thirtj years ago a convention wa* called and gave us our present constitution. The first obligation tukeu at the bar of tills House hv every member thereof is to support the constitution. This support means more than a tacit assent thereto. It means moretUau mere obedience. It. implies sacred duty, and all attempts Lo avoid or evade any of its provisions should be condemned. Tho Democratic party

THE INDIANAPOLIS JOURNAL, SATURDAY, JANUARY 27, 1883.

in its last, convention declared in favor of the submission of the proposed amendments in accordance with tlic provisions of the constitution for it own amendments. One of these provisions is that the proposed amendment shall be entered upon the journals of the two houses. I do uot propose to inquire at any great leugtli into the reasons for these provisions. They are manifest as precaution against mistake and fraud. But it ia enough for me that there is such a requirement in the constitution which I have taken, in common with other measures of the House, an oath to support. Has this requirement of the constitution been compiled withl It is found upon examination that none of the proposed amendments have been entered on tbe journals of either house. There is a well-known and recognized distinction, in the proceeding* of all judicial, legislative aud deliberative bodies, between filing, noticing and entering. Tbe committee rose, reported progress and asked and obtained leave to sit again at 2 o’clock. Aud then came a recess till that hour. Afternoon Session. The House again resolved Itself into a committee of the whoie. Mr. Moody (in ooniiunalioo of his speech) said the preeent constitution requires that “if such proposed amendment be agreed to, it shall be entered upon the journal.” Looking over the journals, the proposed amendments are not to be fouud there; uo entry of them is to be found. The fact that they are not to lie found there entered ia pnuia facie evidence that they are not agreed to. The only evidence of their passage provided for, namely their entry on the journal, is uot fouud. Mr. Moody continued at some length, citing authorities,reading from the constitution, etc. Mr, Wiley said: I have uo desire in the discussion of this question other than to do my duty under the constitution aa I understand it, and voice the will of the people, whose servant I am. The question under consideration is not free from doubt. If it were free from doubt we would uot be discussing it. It seems to me that uiy duty Is marked out very plain. I would be the last person wlio would undertake to amend or change the original law of the land, did I believe that the essential steps were not constitutionally taken. In a government like ours tbe people are the arbiters of all power. lam glad that I live in a country where the people can speak, aud the voice of the people shall be the sovereign law. Tbe question is, are thero any amendment* which were proposed in the last General Assembly and presented to this Geueral Assembly for our consideration! I will admit that different tribunals iu different States have made different decisions on questions similar to that wo aro discussing. The case in lowa ou which the Supreme Court recently decided was not similar to that in Indiana. Thejournals of the two houses of the lowa Legislature do not show that the amendments passed the two houses of one Geueral Assembly, and hence tho court held that the next General Assembly could not assume jurisdiction over tho same. If that was rlie case in Indiana it would be very different with us; but the journals of the two houses of tho Fifty-second General Assembly show that the amendments did pass tbe two houses two years ago. This was not the case iu lowa, and hence the court held that the subsequent legislature could uot take jurisdiction of the question. The jonrnal is only to keep a record of the actions of the House. No gentleman will attempt to say t hat all the proceedings must bo spread at length upon thejournals. There is another fact: Bills and resolutions must be numbered; no two bills or resolutions oan have tho same number. I want to say to the gentlemen here to-day that every bill aud resolution passed two years ago can bo traced by any member of this House, aud there is uo doubt about it. I find hv referring to the journals that four joint were passed by the last, General Assembly. In the Heuate there wore two, and in the House I find thut, on page 1,016 of the journal, the gentleman from Fayette (Mr. Huston) introduced House joint resolution No. 97. I find then, by tracing It through the journals, that it was properly acted upon by the House, and thut the clerk Informed the Senate <? the passage of the resolution. I find, by reference to t he Senate journal, that it whs referred to the Banate, and that It passed that body, receiving a majority of the votes of the members; that it was returned to the House, where it received a majority of the votes of the members of this House on its final passage, aud that the same was properly signed by the Speaker of the House and ihe President of the Senate. I turn to the published acts of the Assembly of 1881. I find there certain laws aud certain joint resolutions that wore agreed to by that General Assembly, and among them is House joint resolution No. 7. Mr. W. ooutinued at some length. Mr. Bf>eaker Bynum said: I trust that member* of ttiis House will pardon me for violating those rules, which, under proper consideration, might have required me to remain silent. Ido not know that I would have violated thu-te rules had it not beeu that the House resolved itself into a committee of the whole.thereby giving me an opportunity to enter upon tho discussion of this question. Ido not know that I shall throw any light upon this question. It has been discussed in the various phases until it has been worn threadbare. It 1* claimed that these amendments were properly passed and properly referred to this General Assembly. I can say with the gentleman from Benton (Mr. Wiley) that there are arguments for and against this proposition. Now', I apprehend that it makes uo difference whether an amendment is proposed by a joiut resolution, a concurrent resolution, or in some other manner. 1 care not what you call it, whether you call it a bill, joint resolution or what you call ir, it must come under article 26, sections 1 and 2 of the constitution, which I have read. What led to the formation of the constitution of 1832! Under the constitution of 1816 there was no clause providing Tor ils own amendment, and the members well know that this provision was the most important that was proposed in that convention. Several propositions were proposed, but it was decided that this was the safest manner proposed for the amendment of the constitution. The father of that provision war Robert Dale Owen,who was one of the most i energetic and active members of tho convention. lam not here to dispute tho right of tho people to change their form of government, but I am here to say the people of a sovereign Slate have no right to change their organic law except in the manner laid down in the constitution. The question is simply narrowed down as to how tho provisions of the constitution are to be construed. Gentlemen do not claim that they round the resolution itself on the journal, but they found a description of a resolution cor responding iu number to the resolution No 7. The word “entered” means to go into. We have heard that this question has been passed upon bv two Governors; that it was passed upon in the case of the. Wabash & Erie canal, and we all respect the decisions of theso Governors, but their decisious aro of little weight in comparison with the decisions of the Supreme Court or two Slates. Their decisions nre not binding upon the Legislatureiu order to find decisions that are binding we should go to the decisions of th*> Supreme Courts ;or our country. The constitution requires amendments proposed :o it to bo entered upon the journals of each house, and it requires no lawyer, it requires no professor to understand what, that plain and simple provision means. Gentlemen, after admitting the le.ttor of the constitution has not been complied with.contend tliHt has been complied witli in spirit. It is not In tbe power of any Legislature to provide any other means to amend the constitution than the means provided in the constitution itself. Our constitution is our government. Outside of the oonsti- , ration we have no government. Gentlemen say they have traced this prohibitory amendment through the several stages of legislation to its final passage; but can anyone take the journals of the two houses and tell what is embodied in that resolution! No one will attempt to do it. Mr. B. read from the constitution rrom numerous judicial decision*. When he had concluded, on motion by Mr. Shively the committee rose, reported progress, and asked leave to sit again at 2 o’clock Monday. Then tho House adjourned, under an order adopted this forenoon, till Monday at 2 o’clock p. M.

The Harrington Divorce. Adalino Harrington was granted a divorce from the late Judge Ilarriugton twenty-five years agd yesterday. She was grained a decree for a divorce from bed and board end awarded alimony in the gum of $290. Subsequently u decree for absolute separation was allowed by tbe oourt. Tho alliuouy was uever paid, and yesterday her suit for the full amount to the present time, a little m axcess of $20,000, was tried. Judge Ho we decided to award her $1,375, only the amount of alimony due from the date or the first divorce to the second, the Judge holding that alimony cannot be olaimed after the übaolute divorce has been obtained. Mis* Howard No Better. No material improvement lias been made in the condition of Mis* Mary Howard, who was injured by the Big Four train Thursday evening, at Augusta. She is attended at the Surgical Institute by Uer mother aud others of her family. The attending physicians entertain very little if any hope of her recovery. Dr. Howard’s remains will he removed to his lute residence this morning, from winch the funeral will take place Sunday morning at 10 o’clock. The body will he buried at Crown Hill. See Nicoll, the Tailor’s $5 pants and S2O suitings to order, Nos. 33 aud 35 Soutd Illinois street.

BISHOP TALBOT’S WILL. A Characteristically-Written Document Hi* Requests to the Church. The will of the late Bishop Joseph C. Talbot, dated Oct. 12, 1882, was probated yesterday. It begins as follows: “I, Joseph Cruikshank Talbot, of the city of Indianapolis, county of Marion, State of Indiana, being iu good health and sound and disposing mind and memory, but ‘deeply sensible of tbe shortness and uncertainty of human life,' do make aud publish this my last will and testament, hereby breaking all former wills bj me made. “First—l desire to acknowledge the favor and goodness of Alm’ghty God, the Father, Son and Holy Ghost, three persons in the unity of our adorable and eternal Godhead, in giving me a place in the one Holy Catholic and Apostolic church, of which Christ is tbe only living ami everlasting head. I do give Him ‘most humble and hearty thanks for His goodness and loving kindness to me and all men. I bless Him for my creation, preservation and all the blessings of this life; but above all for the inestimable love iu the redemption of the world by our Lord Jesus Christ, for the means of grace and for tho hope of glory.’ I desire to declare that my only hope of salvatiou is based upon the sufiioient merits and righteousness of the ‘Lamb of God, who taketh away the sins of the w orld.’ I cheerfully surrender my body to the ground, in the hope of its resurection to an immortal life, and my soul into the bauds of God who gave ir, humbly praying for the pardon of all my sins, and for a place among those at His right hand in that great aud awful day.” The document first directs the payment of his depts and funeral expenses, after which he be queaths to his nephew and namesake, Joseph O'. Talbot, jr., his gold watch and gold key, and to his niece, Marie Louise Bright, a piano. To Messrs. David E. Snyder and James M. Winters, respectively registrar and Bbrariau ol the diocese of Indiana, or to their successors in office, is left in trust his entire theological library, valved at $2,000, to be turned over by them to his successor in the bishopric. To the trustees of the diocese is bequeathed his large oil painting of the Holy Family, after Raphael, presented to him by Mr. and Mrs. Charles Viele, of Lvausville, to be kept properly framed and to remain in the Episcopal residence for the benefit of his successors. To them also are given his three Gothic bookcases and studytables, and all the bonds given him by the trustees for arrears of salary, now amounting to over $3,000; they, in turn, to surrender to his executors bonds amounting to $1,600 given by him for borrowed money. To each of his nephews. John 8. Talbot and Charles 11. Talbot, is given SSOO in cash. The remainder of tho estate left is to his eister-in-law, Evaliue F. Talbot, at her death to go to her children. He directs that ail his funeral expenses be as small as is consistent with proper respect, and that all the. arrangements be unostentatious, so that his burial may bo consistent with what lie has both professed ami preached to others—economy iu expenditure as well as the avoidance of all ostentation aud show. He desired to be buried in a wooden coffin, and to be laid in Trout and at the west side or the family monument at Crown Hill, betweeu the graves of his beloved wife and daughter. Richard L. Talbot, ins brother, and Isaac H. KJersted, are appointed executors of the will, with lion. Gooige 0. Day as their counsel.

PERSONAL R. 8. Boyd, of Boston, is at the Denison. Willis Hickau, of Spencer, i>fat the Grand. W. H. Ingram, of Logansport, is at the Grand. C. 11. To wnley, of Cincinnati, 0., is at the Denison. Frank Schuler, of Ciuclnnati, 0., Is at the Denison. Ex-Senator Comstock, of Richmond, is in the city. Judge Thomas Kane, of Noblesville, Is at the Grand. W. T. Tuthill and wife, of Columbus, are at the Grand. J. R. Rnpe, of Richmond, is at the Bates House. W. FI. Rogers, of Madisou, is at the Bates House. Judge Leonidas J. Monks, of Winchester, is in the city. Hon. J. 11. Jordan, of Martinsville, is at the Denison. D. B. Swectser and wife, ot Marion, are at the Denison. W. B. Funk and son, of Warsaw, are at the Deniaon. W. H. Coulter aud wife, of Frankfort, are at the Grand. J. A. McGregor and wife, of Columbus, are at the Grand. E. F. Branch and wife, of Martinsville, are at the Denison. Hon. Morton C. Hunter, of Bloomington, is at tbe Bates House. William J. Lucas and wife, of Columbus, are at the Bates House. James C. Beeks, late of the Fort Way no Journal, is in the city. Hon. John T. Scott aud S, F. Bull, Terre Haute, aro at the Deuison. Robert Cravens and W. H. Rogers, of Madison, are at the Bates House. Hon. Eugene G. Hay, of Madisou, visited the city yesterday on business. Hon. Tuomas W. Harper and Jolm 11. Reagan, of Terre Haute, are in the citj’. Hon. J. R. Gray, of Noblesville, and L. M. Campbell, of Danville, are iu the city. Hon. Milton Garrign*, recently appointed internal revenue collector at Kokomo, ie in the city. lion. A. C. Harris and Dr. George W. Wishard returned yesterday from a short visit in Eastern cities. Hon. Cyrus K. Drew, of Evansville, is in the city to take charge of the legislative excursion to that city this morning. Dr. W. H. Sutherland, for many years a resident of this city, leaves to-day for Pittsburg for a short visit, after whioh he goes to Minneapolis, Minn., for permanent residence. R. A. Clark, Colfax; E. C. Miller, Lafayette; J. 8. McCord, Bloomington; F. 11. Wilson, Logausport; Harry B. Boyd, Crawlordsviile; G. I>. Brown, Waynetown; D. D. Blakeman, Lebanon: U. R. McKee, Chicago, are at the Grand. Misßes Ella and Jettie Hauser, Columbus; J. C. Dillon and son, Kuiglitstown; D. A. Bassett, aud daughter, Crawfordaville; W. G. Neff, Greeucastle; O. P. Anderson, Lafayette; W. F. Fry, Orawfordsville, are registered at the Bates House. SOCIETY NOTES. Mr. Henry Wilsou, of Lafayette, is in the city. The concert last night absorbed all other entertainments. Rev. E. A. Bradley will return from Newport, R. 1., some time next week. Mr. Charles Vqjen is home from college at Greencastlo for a day or two. Rev. F. M. 8. Taylor will go to Richmond and supply Dr. Wakefield's pulpit to-morrow. .Mrs. Seaton and daughter, of Brooklyn, N. Y., are visiting Mrs. Meeks, ou Fletcher avenue. Mrs. John Aokerson. of St. Louis, is expected hero to-day to visit her mother, Mrs. John Love. Mrs. A. A. Hiekox, of New York, is* a guest of her uncle, Senator D. H. White, at the Grand Hotel. Rev. Mr. Jenks, of Cincinnati, will conduct the services at Christ Church to-morrow morning and evening. Miss Helen La Racquo. of Brooklyn, a fine musician, will be in the oily part of next week, en route ror Cincinnati. Miss Cora Seaton, of Richmond, will arrive here to-day or Monday, and be the guest of Mr. aud Mrs. Birch, on Broadway. Misses Mamie Moore and Nannie Love, of Muucie, attended tho Nilsson concert last night, and will return homo this evening. Mr and Mrs. Übelmosser and the Misses Annie and Amy Coreny will leave Indianapolis next month tor lowa, to locate permanently. Mrs. William B. Anderson, of ihe Columbus Democrat, and Mrs. David Nagle,of Hhelbyville, are visiting Mrs. J. M. Ryder, at 511 North New Jersey street. Tbe “Hard Times Club” ran very handsomely entertained last night by Mr. and Mrs. John Duncan, and in addition to a number of tbe bos:ess’personal friends not members of tbe ©bib, there wore proeeut Mir** Guilford, Miss

Bertie Tousey, Mlm Warrick. The evening was an exceedingly happy one, made so especially by the informality and congeniality of the club and guests. Miss Clara Liscomb will return to Knoxville, 111., next week, the college authorities having accepted the offer of ths Swedish College to occupy their building* until snob time as the new school proper shall be rebuilt. Miss Mary Birch and Mr. James L. Fletcher will be married next Tuesday evening at the residence of Mr. Birch, on Broadway, and will leave the same evening for a short wedding tour. After their return a reception will be given. One of the most pleasant entertainments of the season was given at the residence of Mrs. Layman, on Lincoln avenue, on Tuesday evening by Misses Mary and Kate Layman in honor of the twenty second birthday or their cousin, J. L. Kingsbury. Mrs. J. N. Rogers prepared an “Art Union Gallery” for her guests on last Wednesday evening, which included Beenes from every quarter of the globe, and the arrangement of the same was picturesque in the extreme. Mrs. Rogers was highly and justly complimented ror the artistic and attractive entertainment. Trustees of the Institute for Feeble-Minded. R. D. Brown, of Dearborn county, John M. Goar, editor of the New Castle Drmoorat, and Richard Wilson, of Washington county, were nominated on the first ballot by the Democratic canons last night for the board of trustees of the asylum at Knighrstown for Feeble-minded Children. Mr. Brown is the father of Senator Brown, and is a member of the present board. Park Theater Services. The union services were well attended last evening. Dr. Pierson read the 32d Psalm, preaching from the third and fourth verses of the 130th Psalm: “If Thou chould&t mark iniquiry, oh Lord, who shall stand,” etc. Mr. Cobb led tbe after meeting. There will be the usual services to-night, and the prayer-meeting at the Third Church this afternoon from 4 to 5 o’clock. Cliooslug an Examining Board. A Joiut meeting of the hospital and dispensary boards will be held at the city dispensary, Monday afternoon, for the purpose of electing five medical examiners to conduct the examination of the students who aro candidates for tho positions of assistants in the hospital and dispensary next year. The examination will be held ou ur before Feb. 13. The City’s Boundary. The special committee appointed from both branches or the municipal legislature to fix new boundary lines for the city, huve comnlpted their survey, and yesterday had on exhibition at the city engineer’s office a uiap showing the pro posed alterations. Many citizeus aud city officials called to examino the specifications during the day.

CHURCH SERVICES. Baptist. IjURST BAPTIST CHURCH - NORTHEAST corner of New York and Pennsvlvauia streets. Dr. Henry C. Mable will preach" to-morrow at 10:30 a. ni. aud 7:30 p. rn. Sabbath-school at 2 p. in. All are cordially invited ro these services. Cong reflation a I. PLYMOUTH CONGREGATIONAL CHURCH Oscar C. McCulloch, minister. Sunday services in Dickson's Grand Opera-house at 10:30 a. in. and 7:30 p. in. Preacning by Rev. C. Caverno, ol Ixnnbard, 111. A warm aud conitortable. house assured. Tonne men and strangers especially invited to all the services of this church. Methodist Episcopal. CENTRAL AVENUE M. E. CHURCH—CORner of Butler street aud Central avenue. Rev. J. N. Board, pastor. Preaching to-morrow at 10:30 a. in. and 7:30 p. rn. Sunday-school at 2:13 p.m. Chapel service, 6:30 p. m. Church Lyceum meets Monday evening. Strangers cordially invited. 1? LETCHER-PLACE M. E. CHURCH—COR- ? uer Virginia avenue and South sr. Rev. J. H. Doddridge, pastor. Class meetings at 9a. m. and 3p. m. Preaching at 10:30 a. in. Sundayschool at 2p. m. Revival service in the evening and each night during the week. A gracious revival Is now in progress, and many souls are being saved. Sinners are earnestly entreated to attend these meetings and accept this salvation uow. M~ ERIDIAN STREET M. E. CHURCH—CORuer of New York ana Meridian streets. Rev. 11. J. Talbott, pastor. Classes at 9a m. Preaching at 10:30 u. m. aud 7:30 p. ni. by the pastor. Suuday-pchool at 2p. m. Young people's meeting Monday night. Prayer meeting Thursdry night. IS OBE RTS PARK ME. CHURCH - CORNER Vof Delaware and Vermont streets. Rev. Ross C. Houghton, I>. D.. pastor. Class at 9a. m. and 6p. iu. Preaching at 10:30 a. m. and 7:30 p. in. by the pastor. Subject of evening fi'-nnon: “Tbe Convenient Season Never Comes.” Sunday-school at 2p. in. Young p-ople’s meeting Monday at 7:30 p. in. Prayer meeting Thursday at 7:30 p. m. Pastor’s lecture on Sun-day-school lesson Friday at 7:30 p. m. Everybody invited. Presbyterian. IJIRST PRESBYTERIAN CHURCH—BOUTHwest corner of Pennsylvania and New York street*. Rev. Myron W. Reed, pastor. Preaching morning and evening by tbe pastor. Rev. Myron W. Reed. Subject in tho evening: “Tho Fact and the Philosophy of the Fact.” Tne people invited to all the services of thi* church. SECOND PRESBYTER lAN "CHURCH—COI£ u nor of Pennsvlvauia. and Vermont streets. Rev. Arthur T. Pierson, D. D , pastor. Services at 10:30 a. m. Special evangelistic service* at. Park Theater every Sunday night, at 7:30. Everybody luviteu. Sabbath-school and Bible class at 2:15 p. in. Prayer-meeting Sunday morning at 9:30 aud Thursday eveuing at 7:30. r l'hird Presbyterian church—corX uer of Illinois aud Ohio streets. Rev. 11. M. Morey, pastor. Rev. Dr. Stratton, of Crawfordavilic, will preach to-morrow morning at 10:30. Sabbath-school and Bible classes at 2 o’clock. The public cordially luvited. No evening service. Fourth Presbyterian "church—corner Pennsylvania aud Pratt sts, Rev. A. H. Carrier, pastor. Preaching morning aud evenug by the pastor. Sunday-school at 2:15 p. m. EMORIAL PRESBYTERIAN CHURCHoorner of Christian avenue and Ash street. Rev. H. A. Etlson, I). 1).. pastor. The pulpit will be occupied by Rev. C. W. Pond, of Berea. Ohio. Sunday-school at 2:30 p. m. The public will bo welcome. UNITED PRESBYTERIAN CHURCH-COR-tier of Massachusetts avenue and East street. Rev. J. P. Cowan, pastor. Preaching to-morrow at 10:30 a. in. by Rev. H P. Jackson, of Hanover. Sabbath-school at 2:30 p. in. WANTS. FOR SALE. FOR KENT, Etc., Fire Cents per line each insertion, payable in advance. SOCIETY NOTICES. Election Notice. .4 DON I RAM GRAND LODGE OF PERFECJ\ tion, A. A. Scottish Rite, will hold an election ou Waduesday evening, Feb. 7, 1883, for the purpose of electing three trustees —one lor three 3 ears, oue for two years, aud one for one year. C. F. HOLLIDAY, Secretary. ANNOUNCEMENTS rpHB INDIANAPOLIS FEMALE SEMINARY 1. begins its Twelfth Semi-annual Session on Monday, January 29, 1883. Excellent Primary Department. Thorough English oour.se. Special advantages offered for the study of Elocution. French, German, Music ami Painting. Studio in charge of Miss Hattie K. Annin, of Ingham University, N. Y., who teaches Painting in Oil and Water Colors, Decorating on Wood, Silk, Velvet, eto. MR. and MRS. J. jj. KAI'PES, Principals, 343 and 345 N. Pennsylvania street. HA RBISON & ABRAMS, BILLPOSTERS— WE commenced bill-posting and advertising and distributing in 1871, and our business has increased every year since; and now no bill-post-ing firm in any city of the United States, of a population of 100,000 inhabitant*, lias as many bill-boards or as good facilities for posting ns we have. Our firm is well known to nil the lending advertisers, circus proprietors, theatrical agents, as well as to the newspaper proprietors ami leading business men of this city, to whom we refer as to character, responsibility and reliability. Business in our iine solicited amt satisfaction guaranteed. HARRISON Si. ABRAMS, City Bill Poster*, corner Circle uml Market streets. AUCTION SALES. Hunt & mocubdy. real State and General Auctioneers. 88 E. Washington it.

Failing! That is what a great many people are doing. They don’t know just what is the matter, but they have a combination of pains and aches, and each month they grow worse. The only sure remedy yet found is Brown’s Iron Bitters, and this by rapid and thorough assimilation with the blood purifies and enriches it, and rich, strong blood flowing to every part of the system repairs the wasted tissues, drives out disease and gives health and strength. This is why Brown’s Iron Bitters will cure kidney and liver diseases, consumption, rheumatism, neuralgia, dyspepsia, malaria, intermittent fevers, &c. Mr. Simon Blanchard, a well, krewn citizen of Hayesville, Meade county,Kentucky, says . “ My wife had been sick for a long time, and her constitution was all broken down and she was unable to work. She was advised to use Brown’s Iron Fitters, and found it to work like a charm. We would rot now be without it for any consideration, as we consider it the best tonic in the world.” Brown’s Iron Bitters Is not a drink and does not contain whiskey. It is the only preparation of Iron that causes no injurious effects. Get the genuine. Don’t be imposed on with imitations.

CROWN JEWEL FT. THE CHEAPEST NEWS APrrf IN THE WEST. THE WEEKLY INDIANA STATE J "V,V. ONE DOLLAR PEP. YEA Ninety cent* in clubs of five anr WANTED. \\T ANTFD—THE CHE APEST NT Tv iu tho West, the Weekly In Journal. One dollar per year. Niu clubs of five and over. ANTED—AGENTS—MALE OP. in every city and town in the U. *si , $lO to #ls per day easily made. G. i: Si CO.. 10 Barclay street. New York IUANTED-LADIEB AND GENT Tv reuiembet, if you want a solid to attend the Esthetic Brotkerh Prize Masque at Lyra Hall, Monday night, Jau. 29, 1 ■ ll ■ 1 — j ———————< ■■■ FOR S\LL SALE-ONLY ONE DOLLAR PER YE 4K . the Weekly Indiana State Journal. Send for it. Ij*OK SALE-FA RMS. CHEAP, ON LONG credit, which wo have taken on foreclosure. Bend for circular. FRANCIS SMITH Si CO. For sale-hall’s safe <new>. two glass show oases, counters, standing desk, etc., ur auction January 29, at 2 o’clock p. m., at No 74 North Pennsylvania street. LH)R SALE—AN ASSORTMENT OF SECOND r hand engines, boilers, and sawmills in goad order. HADLEY, WRIGHT A CO., corner Teuuessee and Georgia streets, Indianapolis. t'OR 8 ALE -SECOND-HAND ENGINES AN I) boiler outfits. Also, flour mills, ’ - * iron working machinery at RICHARI LER’S, corner Missouri and Georgia s Ivor's ale-twenty acres, street- railroad, between Irvincto dtanapolis; onlv $l5O per acre. Also, near Brightwood; only $lO9 per acre. Bam profitable investments. T. A. GOODWIN, 29 Thorpe Block. I JOBS A LE -STEAM LAUNDRY AT AUCTION . to satisfy mortgage. No. 74 North Pennsylvania street, January 29. at 2 o’clock p. in. Established six years; doing a good paying business. A rare chance. For particulars address OSCAR WOOD, Agenr, 323 W. Michigan street. IJOR SALE-ONE OAAK. SCOTT CO. . standard saw mill, used about six months, with 60 and 30 inch, saws: also, GO feet of 14inch. four-ply gum heir, 1 Fay cut-off saw. log turner, edging table, ropes, blocas, pulleys, shafting, etc. At. a bargain for cash. Apply to K H. ELDRIDGE Si CO., corner Mary laud and Alabama, Indianapolis. FINANCIAL Money to loan at lowest rate of interest. E. B. MART4NDALE SONS. r |~M) LOAN—MONEY AT 6 PER CENT. WIL L LIAMS Jr. KISTNER, 3 and 4 Vinton Block I WILL FURNISH MONEY ON FARM SEL curity. promptly, at tne lowest rates for long nr short time. i'HOS. C. DAY Si CO., 72 East Market street. Money to loan on first mortgage ot improved city and farm property m In oianu and Ohio, at very low interest. Prompt parties, with desirable security, can be accoin mod&ted without ietar. All local securities. City. Connry. Town and Railroad Bonds negotiated. JOS. A. MOORE. No. 84 E. Market St. LOST. IOBT v CARDINAL SILK MITTEN, j street car No. 46, Massachusetts and College avenue liue. Finder will be rewarded by leaving at 155 Broadway. I OST-ON THURSDAY, JAN. 18, 1883, ON j train between Shelbyvillo and Indianapolis, or in Indianapolis, between 10 a. m. and 7 p. ni.. a red Russia leat her pocket book, containing a sum of money, notes, receipts and papers. Any information leading to recovery of same will bo liberally rewarded by C. GIUTON, Shelbyviile, ind. DISSOLUTION Dissolution— the partnership here tofore existing between the undersigned ua wholesale druggists, was dissolved January 2<> by mutual consent. Mr. Stewart contiuues the business at the old stand, corner Maryland ami .Meridian streets, to whom all debts must bo paid aud who assumes ail liabilities. DANIEL S TEWART. THOMAS G. BARRY, rn Jiatiapolis, Jan. 24. 1883. STRAYED OR STOLEN. QTRAYED OK STOLEN—FROM 237 CRN n tral *iv puc, large black horse, id to bed to small spring wago i; an old sot of harness and \ liny fork m wagon. Horse largo and black, wmte hind ft>et; lias a swinging trot, and thro w* his head. Suiiablu ro-varJ offered.

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