Indianapolis Journal, Indianapolis, Marion County, 12 December 1883 — Page 7

AFFAIRS OF TUB RAILWAYS Tho O. 5 M. Receivership—Rumors of Railroad Wars Increasing. The Vandalia Extension Completed to Tlyluoutli— Local Passenger Ageiits Meeting Scalpers' Rates. THE OHIO & MISSISSIPPI. A Road That Has Been in the Hands of a Receiver Seven Years. Another year is nearing its close and the Ohio & Mississippi road is still in the Hands of a receiver aDd it is a study of legal men as well as railroad men why such is the case. It is stated that two or three times Judge Baxter has threatened to sell the twenty-one miles of the road in Ohio which is under his jurisdiction, but Judge Drummond i9 said to have objected, he believing all along that the road would pay out and he would have the credit of bringing a bankrupt road out of the mire. A man well up in railroad matters says this muy seem a very plausible excuse, but the courts are not established to operate railways, but to dispose of them at foreclosure sales, placing the roads in a shape that they can be operated by the actual owuers, thus dispensing with the heavy expense of operating them through the courts. The road extends from Cincinnati to Bt. Louis, 340 miles; the Louisville branch, from North Vernon to Jcffersonvill, Ind., 53 miles; the Springfield division, from Beardetown to Shawneetown, 111., 222 miles; total operared, Gls miles. A financial cloud has hung over the road since 1865. In 1867 the eastern and western divisions were sold at foreclosur e sale, ana on Nov. 17, 1876, the property again tumbled into the bands of a receiver, where it has remained ever since. Iu -October, 1881, John M. Douglass was appointed receiver, vice King resigued. The bondholders have made several unsuccessful attempistotake the road out of the hands of the courts, and it was believed that the present year would cee the property in the hands of the rightful owners. The suit brought in 1875 to annul the purchase of the Springfield division as fraudulent and void, is still pending. One important atm has been decided and is now out of the way. We refer to the suit of the preterred stockholders in which they endeavored to establish their lien ahead of the second-mortgage bonds, the suit was decided against the former. Months ago it was believed a plan had been hit upon to straighten the affairs of the road, anew general mortgage for $16,000,000 was authorized under the proposed plan of reorganization, by winch $12,784,000 was to bo reserved to exchange for old bonds as they mature, $2,216,000 was to be used in paying overdue coupons and $999,605 in betterment to the road-bed and increasing the equipments, and the deiay in improving the road-bed aud adding to the equipments has prevented the road showing what it was capable of earning. In fact, never has the road been sufficiently well equipped to handle the business offered with such dispatch as is necessary to oremo a healthy traffic, and there is now a general tjp see the Ohio & Mississippi once placed upon its feet, clear of litigation and well managed. The last clause is not intended to reflect <m the management of the road under Receiver Douglass, winch in some respects has been highly commendable. Yet under the court the management can but be more or less hampered, •tod it would be a relief were the O &M. road pot on a par virp \ts more fortunate competitors. AN IMPORTANT AGREEMENT. A Compact to Last Twenty-Five Years — Opinion of General Manager Potter, Chicagg, Dec. 11.—The announcement that a tweuty-flve years compact had been signed in New York between the Union Pacific, Rock lelanU aud Milwaukee & Bt. Paul roads is accepted here as a fact, and is looked upon by other members of the lowa pool as the culmination of the policy of the St. Paul road outlined by it win u it gave its first notice of the intention to withdraw from the combination one month ago. Officials here, however, do not think the terras o# the tripartite agreement have been correctly stated.

General Manager Potter, of the Burlington, declared this morning that he did not believe the three roads liad signed any compact which contemplated any attempt on their part to control all the business of the Union Pacific road, and he did not believe the Union Pacific managers had authority to make any such agreement. In his opiuion the compact provided that the three lines should maintain divisions as between the lowa lines and the Union Pacific on through and local business now in force. Mr. Potter also expressed the opinion that the entire affair was largely a street movement to “bear" Burlington stock in particular, and that his rivals did not care to enter upon a career of open warfare. As confirming the fact that the Rock Island and Bt. Paur roads have pcoled their issues for the present campaign, the former road this morning notified the Burlington of its intention to withdraw from the lowa passenger pool Jim. 1, of which it has been a member for the past fourteen years. It has given no sign that it. contemplates retiring from the freight, pool as well, but notice that tbe effect would not be considered as surprising, which would place il on the same footing with its confederate, the Bi. Paul company, at the beginning of the new year, and allow it perfect freedom of action as against other lowa roads. An adjourned meeting, of the Omaha lines, which whs set for Thursday of this week, has been postponed to Tuesday of next week, when the terms of the compact are expected to be made kuown to other lines. And tbe fact that tbe announcement was made that they can Join the new alliance is looked upon as a flat ou the part of the Rock Island and Bt. Paul that other roads can join the new pool, but on terms proposed by them. This is the view of a majority of officials conversed with to-day, and on the result of that adjourned conference Uis deemed rests the certainty of peace or war. The Report Confirmed. >'kw Yokk, Deo. 11.—The Evening Post made inquiry into the tripartite agreement at the office of the Chicago, Milwaukee & St. Paul Railway Company. Vice-president Julius Wadsworth confirms the accuracy of the report. He said Merrill had arrived, and that the signing of the agreement was completed yesterday. Wadsworth declined to state particulars of the agreement or the length of time for which it was to run, saying it was “in escrow,” ami would not be piiolished. He added, however, ilie door had beeu left open so the .Northwest and other roads could come into the management. THE TRUNK LINES. of tli Joint Executive Committee In New York Yesterday. New York, Dec. 11.—At the meeting of tbe joint executive committee of the trunk lines and their Western conuections the following roads were represented: The Baltimore & Ohio, the Chesapeake & Ohio, the Chicago & Atlantic, vtbe Chicago, St. Louis & Pittsburg, the C., W. & 8.. the Cleveland, Columbus, Cincinnati & Indianapolis, the Indianapolis & St. Lous, the Lake Erie & Bt. Louis, the Lake Erie A Western, tbe Lake Shore and Michigan Southern, the Michigan Central, the Now York Central A Hudson River, the New York, Lake Erie A Western, the New York, Pennsylania A Ohio, the Ohio A Mississippi, the Pennsylvania company, the Pennsylvania railroad, the Pittsburg, Cincinnati ABt. Louis, the Vandalia line, and the Wabash, tit. Louis A Pacific. The absence of representatives of the Grank Trunk lino was said not to indicate any hostility toward other lines, and as the Nickel-plate was never a member or the pool, the report of Its withdrawal is without foundation. At the opening of the meeting, at "which Commissioner Pearson presided, there were many charges of irregularities preferred, ■which the committee prooeeded to take separately, and in almost every i*e the explanation offered was saiisl ctory, and It was found very little * siting had taken place on easr-bound traflio. ihe first point taken up was Buffalo, and it was found the local committee of passenger agents •of tho Grand Trunk, tire Michigan Central, the iAkeShore, the Buffalo A Southwestern, and the Lake Erie A Western roads had satisfactorily arranged all disputes and agreed to maintain established rates. After discussing the difficulties which presented themselves at Cleveland, the committee decided to prohibit Its roads after from receiving or selling

tickets over the Nickel-plate either wav. in consequence of its cutting under regular rates. The passenger business done by tins road is very small, und it has almost nothing at all in the way of through business. It is ah e agreed to withdraw all commissions on eat-t-Poutid traffic from Payton, 0., which had the effect of reducing existing rates. At Cincinnati, where it was alleged there bad been cutting of passenger rates, the explanation offered by the representatives of the roads was accepted, and it was found the charges were without foundation. There was considerable discussion over charges of irregularity at St-. Louis iu east-bound traffic, ana the matter was finally laid over until the following day. Complaints were made by several lines that round trip tickets had been sold by the Chicago & Alton road to points west of Chicago aud Bt. Lon is at reduced rates. This was proven, ami it was decided to require the Chicago fc Alton to charge full legal ’rates both ways in future, and to notify all agents west of Chicago and Bt. Louts not to issue any roundtrip tickets in that territory, except by special arrangement with the joint executive committee of the trunk lines, which are prepared to make as low rates iu their regular office to New York and Boston as can be obtained in any outside offices, and they are prepared to meet any reduction in cut rates m their own offices. Said a prominent, member of the committee, after the meeting had adjourned: “Watch will bo kept on outside offices, ami whenever we find tickets at reduced rates issued, the roads will be notified what rate to charge. There is not the slightest probability the roads will be willing to throw up the sponge Just yet, notwithstanding the reports and rumors daily circulated throughout the West." The committee meets to-morrow, and will resume the bearing of complaints. AROUSING OPPOSITION. Congress Asked to Condemn the Wabash as a Navigable Stream North of Terre Haute. It is understood that the Bee-line people will this session urge Congress to abolish the draw In their bridge crossing the Wabash at Terre Haute, which is something of a nuisance, although it has not been opened a half dozen times in that number of years. It will be remembered that some eight years ago a government engineer, under instruction from Congress, made a survey of the Wabash river from the mouth to the headwaters, and from thence to Lake Erie, to ascertain the practicability of constructing a oarial to run the waters from that lake into the Wabash river, making the latter a navigable stream at all sensons of the year. The engineer finished his survey, made estimates of the cost of the work and reported favorably on the feasibility of the plAn. The matter has since been agitated in the northern part of the State, bnt baa met with opposition from the railroad corporations. The Terre Haute News says it is the Intention of the Bee-line people, should tlieir petition be granted, to condemn the Wabash as a navigable stream north of Terre Haute, to then wideu the channel of the river by cutting off a part of the embankment at the west end of the bridge and add several spans to the present iucompleted iron bridge, making it without a draw. The Lafayette Courier objects to this proposed condemnation of the river for navigable purposes, and charges that the movement of the Bee-line is principally to interfere with the plan of improvement of the river as recommended oy the government engineer and other experts.

GENERAL news. The Bright Side—A Better Demaud for Steel Rails. Railway managements seem to have come to the conclusion that rails can hardly go below the present prices, and show a disposition to buy quite liberally. President Jones, of the Indianapolis mills, says they are having large inquiry forrails.and a rolling-mill man who made a tour of tbe Chicago steel-rail mills found that the trade in steel rails was so active as to make it improbable that any mills would be under the necessity of shuttingdown for lack of orders fur at least six mouths to come. The different manufacturers did not wish to have their orders published, but the total amount of rails contracted fur and placed in Chicago, during the mouth of November, was found to be at least 250,000 tons. The demand fails to create the enthusiasm it would if the prices were higher. The rates were placed at from $35 to $37 per ton. Tlie Ohio Central Receivership. Columbus, Dec. 11—The case of the Central Trust Company of New York vs. The Ohio Central Railroad Company, continued from a hearing at Cincinnati on Nov 15, was argued before Judge Baxter, to-day, bv E. L. Andrews, of New York, for certain bondholders, and F. B. Bwayne, of Toledo, for the trust company. The court was crowded with interested parties from all parts of the country, and quite a stir was created when Judge Baxter's statement was made that he had continued the case till now for certain bondholders to show cause for suits against parties for diverting the funds of the company, and they had not done so. He also explained the action o.’ the court in West Virginia in appointing Thomas R. Sharp receiver, and said he had offered to consult with Judge Jackson regarding the matter, and statements to the contrary were false. He would postpone final action of appointing a receiver till to-inor-row, awaiting Judge Jackson’s arrival, but indicated strongly the permanent appointment of the present receiver, and that thus the court having prior jurisdiction had the authority to place him in possession of the property in West Virginia, and all the acts ot Thomas R. Sharp, the receiver appointed by Judge Jackson, including the issuing'of certificates and other contracts, were null and void. It is said Judge Jackson will not come, and that J. E. Martin will to-morrow be appoinred permanent receiver of ail Ohio Central property.

The Vandalia Extension. Col. Joseph Hill, superintendent of the Vandalia; N. K. Elliott, master of transportation; H. W. Hibbard, freight agent of the Vandalia line, to-day go north and expect to run their special train into Plymouth, to which point the track was completed yesterday noon and the citizens of Plymouth gave the track-layers a banquet. Col. Hill will arrange at once to build depots and put In side tracks to accommodato the business men of Plymouth. Win. li. McKeen, president of the Vandalia, who was in the city yesterday, stated that if the weather remained as good for construction work as now, in another month the grading betweeu Plymouth and South Bend would be completed. At Plyiuoth, South Bend, and, in fact, at all points on this extension, the people are very enthusiastic over the road, and promise great thiugs to the management in the way of business. Again Cutting Rates. West-bound rates are again becoming deranr alized. Certain roads are operating through the scalpers, and au agent of the Indiana, Bloomington A Western road is quoted as saying that he had been instructed to meet the rates given by scalpers regardless of rate sheets. Miscellaneous Notes. The next convention of the Expressmen’s Aid Bociety will be held at Jacksonville, Fia., on February 13, 1884. At least half of the railways of the United States are non-dividend companies; that Is, the owners are barely able to meet current expenses and fixed cliurges. The whole length of the Philadelphia, Wilmington A Baltimore railroad is being stone ballasted, and as the broken stone is put in the track is raised a few inches. The New York, Buffalo A West Shore’s electric bell answers a double purpose. It not only warns people of the approach of a train, so that they can get off the track, but persons waiting inside the depot learn of the trains coming and have time to get out of the building and get all ready to board it when it stops. The New Albany Ledger says that Now Albany is eure to have three new roads, namely: the Ohio A Mississippi extension; the proposed new line of the Louisville A Nashville and the Wabash system from Louisville to Indianapolis, and the Caonelton narrow-gauge road. That the latter will be built tliore is little doubt. PERSONAL AND LOCAL. Movements of Railroad Men—Mr. Waldron and the Ohio Central. L. D. Richardson, general manager of the Chicago and Ohio River pool, returned from tho East yesterday, C. C. Waite, vice-president and general manager of tlie C., H. A D. lines, and party, who inspected the Indiauapolis division yesterday, returned to Cincinnati last night. E. H. Waldron, ex-general manager of tbe Lake Erie A Western road, was in the city yesterday en route for Rochester, N. Y. He says

THE INDIANAPOLIS JOURNAL, WEDNESDAY, DECEMBER 12, 1883.

he hardly expects to enter railroad service again, yet rumor lias it that he would like to bo appointed the receiver of the Ohio Central road if John Martin is to be removed. J. M. Osborn, commercial agent of the Wabash road; A. E. Sonrader, traffic manager of tiie Illinois Midland road, and Robert Geiger, general freight agent of the J., M. & I. road, are iu the city. The wife of W. J. Nichols, local passenger agent of the Bee line at this point, died yesterday of typhoid fever. Mrs. Nichols was a young lady of very amiable disposition, and much beloved by all who knew her. Local Notes. It Is settled that the Louisville, New Albany & Chicago car shops will go to Monou, which is the best point to locate them. Col. Horace Boott was in the city on yesterday. He states that regular trains will not be put on the Greensburg, Hope & Columbus road before Christmas. Ticket agents at the Union railway office report their receipts, thus far this month, the highest of any correspoudlug number of days for many years. Minshall is the name of a station just opened for business on the T. H. & L. division of the Vaudalia. There is a large mining interest growing up at this point. The directors of the Belt road held a special meeting yesterday and arranged to raise the funds with which to pay the Belt road extension contractors, and then adjourned. The Indianapolis Rolling-mill Company yesterday shipped a Green leaf turn-table, fifty-five feet in length, to the Michigan Central road, to be put in service at Niagara Falls, Canada side. The usually prompt-paying Union Railway Company has not yet paid its employes for November services, and the latter are inquisitive to lenrn the cause of the never-haopeued-hefore delay in the matter. The Cincinnati, Hamilton Dayton company has had the pleasure of paying a penalty of $250 for violation of the Chicago and Ohio river pooling agreement. It is claimed that the violation was a mistake on the part of the agent. The division civil engineers of tho Vandalla yesterday moved their headquarters from Plymouth toSouth Bend. The track-layers on the extension will to-day reach Plymouth, and it will take a couple of weeks of good weather for the construction men to surface up the track. Manager Mackey, of the Evansville & Terre Haute road, finds that his passenger engines cannot make the time when burning slack coal, and has returned to burning nut block coal, much to the gratification of the Vandalia people, who were so ofteu obliged to wait the Evansville & Terre Haute cocuectiou at Terre Haute. The passenger men have made the limit on tickets between Bt. Louis and Louisville over the Vandalia and the J., M. &T , and the I. & 86 L. and the J., M. & 1., too short. If either road misses its J., M. &I. connection, and parties ar e delayed at Indianapolis one train, conductors on the J., M. <fc I. will not honor the tickets and enforces a payment of fare. A half-dozen such cases have occurred within the past few days. The twenty-four consol engines which have now been in service some two years on the Indiana, Bloomington & Western road are giving general satisfaction. The engineers have now become used to handling them; there is less breaking of draw-bars, couplings, etc., and in the cost for repairs and in the consumption of fuel their record is a very favorable one, giving evidence that they arc an economical locomotive . for freight service. In the month of November the Cincinnati, Indianapolis, St. Louis Chicago road handled loaded cars of 134 foreign roads and fast-freight lines. Among the number were cars of the Northern Pacific, the Savannah, Florada & Western, the Galveston <fc Ban Antonio, the Central Pno flic, the Portland & Ogdenshurg, and the New Orleans Pacific, which is a striking illustration of the extensiveness of tho railway system of this country. The general freight agents of all roads centering here will meet to-day at the Denison House for the purpose of revising the joint tariff. There is little need, however, of doing this, as seldom is the tariff referred to by agents. If it is, it is Dot adhered to, so far as to the rates given. Where the road asked for a rate knows that if it live up to it their competitor will get tho business, it has come to be understood that it, regardless of tariff, can give a ratewhich will secure the business. H. J. Jewett, president of the Erie system, has great regard for the lives of his train men, and favors any coupler or other device which will make it less hazardous for train men to do their work. An instance of his desire in this matter is cited where he has ordered that the stirrups, ladders, handles, etc., which the brakemen use to mount the top of the cars be placed on til* outside Instead of between the cars, as in case an iron broke and a brakeman lost his hold he would fall away from the train instead of under it. The new box oars now building at the Indiauapolis Car Works for the Erie lines are, out of regarn to his wishes, so constructed.

PERSONAL Ben D. House is at Fort Wayne. 8. A. Wilson, of Muncie, is at tho Denison. C. H. Ward, of South Bend, is at the Grand. JobnM. Goar, of New Castle, is at tho Grand Hotel. C. W. DePauw, of New Albany, is at the Grand. Dr. 8. P. Jennison, of Connersville, is at tho Grand. H. V. Levering, of Fort Wayne, is at the Grand. D. A. Crum, of Spring Lake, Mich., is at tho Grand. F. L. Hasbrook, of Des Moines, is at the Grand. L. D. Richardson, of Chicago, 111., is at the Denison. Hon. V. P. Kirk and wife, of Plymouth, are at the Grand. C. K. Wilcox, of Dayton, 0., is registered at the Denison. Mrs. A. C. Neally and sister, of Kokomo, are at the Denison. A. C. Bearss, of Pern, and F. 8. Bedell, of Crown Point, are guests of the Denison. Samuel C. Meredith, the veteran typo, who has been seriously 111 for several weeks, is convalescent. It is stated Dr. W. B. Fletcher, superintendent of the Hospital for Insane, would like to be superintendent of the new hospital at Richmond, a position more congenial to his tastes than the arduous one he now holds. The wife of W. J. Nichols, passenger agent of tho Bee-line, died yesterday morning, at the Stewart-place, of typhoid fever. It has not yet been settled whether her remains will be taken to Crowu Hill cemetery or sent to her former home. J. A. Johnson, B. M. Irwin, of Detroit; Ben. Monett, Jr., of Columbus, O ; R. W. Geiger, W. Crichton, jr., of Louisville; N. K. Elliott, of Terre Haute; Jos. Hill, E. R* Dariow, or Bt. Louis; J. W. Sligor, of Richmond; B. L. Smith, of Rushvtlle, were among tho arrivals yesterday at the Denison. P. H. Goodlander and wife, Wabash; C. F. Kennedy, Rushvllle; O. 8. Storey, Franklin; Thomas McCabe and Justice Clapp, Shelby ville; H. R. Gist, Covington; N. Stunner and John Walker, Aurora; T. C. Donnell and wife, Franklin; W. Hickum, Spencer; George Gilbert, Terre Haute, are at the Grand. New Albany Ledger: At St. Paul’s Protestant Episcopal Church last night the house was crowded with churchmen and citizens, assembled to give Bishop Knickeibacker, of the diocese of Indiana, a cordial welcome to this city on the occasion of his first visit here. The Bishop preached a sermon full of fervor, and characterized throughout by ability of a high order. He is not only an Interesting, but a pleasing, entertaining and instructive speaker—a gentloman of culture, great zeal in the work of the Master, and of fine personal and magnetic influence. The congregation Beemod delighted with his sermon. The good Bishop most favorably impresses all with whom he comes in contact, and the diocese of Indiana has been fortunate to secure so able, zealous aud pure a Christian gentleman for bishop. Horsford’s Acid Phosphate* WELL PLEASED. Dr. C. Roberts, Winchester, 111., says: “I have used it with entire satisfaction in cases of debility from age or overwork, and in inebriates and dyspeptics, and am well pleased with its effects.”

RECORD OF THE COURTS. Proceeding’s In the Various Courts of Record Yesterday. Full Abstract of the Opinions Rendered by tho Judges of the Supreme Court — Work in the Local Courts. Supreme Coart—Dec. 11. ITon. Geo. V. Ilowk, Chief Justice. SUNDAY CONTRACTS—RATIFICATION REPLEVIN DEMAND. 9.956. Jonas Kuhns vs. Peter Gates. Tippecanoe 8. C. Elliot, J.—Pring was the owner of a colt and on Sunday' orally agreed to exchange it for a mure which appellee had, the exchange not to be deemed final until Pring’s grandmother should assent to it. The colt was delivered to appellee, the consent of the grandmother was afterward given, and acts were done by Pring evincing a ratification of the original contract. Afterwards Pring took the colt from the possession of appellee. Appellant bought the colt from Pring with notice of the oral agreement and appellee replevied the oolt from appellant without first making demand. Held: Appellant being a purchaser witii notice was not entitled to demand. The delivery of the colt by Pring was sufficient to bind the bargain. Upon the assent of Priue’s grandmother the contract became executed and the property and possession were both in the appellee. (81 Ind., 512; 49 id., 588). A contract inode on Buuday but ratified on another day of the week is valid. (87 Ind., 269}. When the Jury find against a party in answer to interrogatories and in accordance with tho weight of evidence upon an isolated question of fact, an error in the instructions upon such question should be regarded as a harmless ono. (57 ind., 453; 37 Ind., 469) Judgment affirmed. decedent’s estates—presumptive evidence. 10,94 8. Ault man. Miller & Cos. vs. Henry C. Timm. La Porte C. 0. Niblaek, J.— Appellant sued the appellees as heirs of William Timm on a note executed by the latter in his lifetime. The evidence showed that persona of the same name as the defendants had received the estate of the decedenr, and that letters of administration had been granted on Ids estate. The granting of letters afforded, at least, priina facie evidence of Timm’s death, and as against adult heirs, who had received a dlsti ibutive share of his estate, the letters would bo held conclusive of his death. (1 Greenl. Ev. f sec. 41, 550; 10 Pick., 515.) The general rule is that identity of name is presumptive of identity of person. (2 Greenl. Ev., sec. 278. and.) The evidence made a pnma facie case for appellant, and, there being no evidence in conflict with it, the judgment should have been for appellant. Judgment reversed.

ESTATES —REOPENING FINAL SETTLEMENT. 10,901. Nancy Chase vs. Othniel Beeson, adm mist r a tor. Fayette C. C. Zollars, J.—lt is not the duty of an administrator to assist claimants Id the filing and allowance of their claims, nor*to keep the estate open for the tiling of claims. But as to all bona fide creditors be holds tlie estate in trust and if by unfair dealing, or the practice of fraud or deceit, he prevents the filing and payment of such claims, such practice will not be allowed to inure to the benefit of the estate. Where it appears that, by false statements aud promises, a claimant while away from friends, and sick in the debtor’s family, was led by the administrator to believe that no action on her part was necessary to procure the allowance and payment of her claim, her representatives are entitled to have the final settlement set aside and the estate reopened for the purpose of proving the claim. (R. S„ sec, 2,403; 64 lud., 79; 79 id., 319.) Judgment reversed. DEED—INFANT BENEFICIARY—REVOCATION. 10,099. Jos. T. Pruitt vs. Alexanuer Pruitt et al. Bartholomew C. C. Hammond, J.—ln 1860 Nancy Pruitt deeded certain land to her sou Alexander, who, by the terms of tbe deed, was to pay appellant S3OO when he arrived at his majority. The deed was accepted by Alexander and recorded. Appellee purchased the land afterward, aud answered that before the appellant bad any knowledge of tbe provision in tbe deed in bis behalf, said Nancy and Alexander, by mutual agreement, rescinded the contract, and in consideration of said S3OO which Alexander was to pay appellant he recou veyed tbe real estate to Nancy, which she accepted, and released him from the payment of said sum. The time for the, payment of said sum being fixed in the deed, no demand before suit was necessary. (1 Ind., 224; Ferguson vs. State, No. 9.012, last term.) Baid sum being the unpaid purchase money, became a lien on tlie land. (I Jones Mort., sees. 205, 214.) And the recording of the deed was constructive notice to subsequent purchasers. (26 Ind., 333; 84 Ind., 594.) The delivery of the deed became, as to Mrs. Pruitt, an executed gift of Alexander’s promise to nay tbe purchase money to the appellant. In the case of a minor, the law 7 implies au acceptance of a beneficial gift, even though the infant bo ignorant of the gift. It becomes biuding arm irrevocable as soon as it passes from the control of the donor. (11 Inn., 92; 52 id., 393; 34 id., 547; 29 Am. Dec., 122; 16 Am R , 69; 40 Vt.. 597.) The gift being executed, it was beyond the power of Mrs. Pruitt to discharge her son rrom the payment of the debt. (See 8 Ind., 364; 84 id., 149.) Judgment reversed. MORTGAGES—PRIORITY. 9.951. Union Mutual Life Insurance Company vs. David B. Abbott. Marion S. C. Ilowk, C. J.—ln May, 1873, Kelley desired to purchase of Purdue certain laud in Pulaski county for the price of $5,000, and applied to appellant's agent for a loan or $6,500 on the land. To enable Kelley to buy the laud, said agent borrowed tho $5,000 on his own credit, with which Kelley purchased the land On May 31 Kelley applied for the loan of $6,500 from appellant, and executed a mortgage, but tlie date was left blank, the dare to be put in when be received the other $1,500. On June 14 appellant notified its agent of its acceptance of Kelley’s application for tbe loan. On that day the agent paid the balance of the money to Kelley, and the bond and mortgage were dared on that day. Meantime, on June 4or 5, Kelley borrowed money of the appellee, and executed a mortgage to him on the same real estate on June 7, he having no notice of jhe dealings with appellant. These facts authorize the finding that appellant’s mortgage was not fully executed until June 14, 1873, and that appellee’s mortgage was, therefore, prior to appellant’s. Judgment affirmed. Superior Court. Room No. I—Tlon. Napoleon U. Taylor, Jn I<rs. LucindaPbillabaum vs. Jennie Wilson; suit on account. Dismissed by plaiutiff. Ellen Welsh vs. City of ludiuuapolis; damages. Ou trial by jury. Room No. 2 Hon. D. W, Howe, Judge. James Mitchell vs. City of Indianapolis; suit for damages by reason of cutting down street. Ou trial bv jury. Joseph W. Gregory admitted to tlie bar on motion of Judge Hill. Win. H. Harrison, surviving partner, etc., vs, Francis M. Nichol. Dismissed. Room No. 3—lion. Lewis (J. Walker, Judge. Maggie Bresnaban vs. John Bresnahan; suit for divorce. A decree granted on the grounds of abandonment, aud prohibited from marrying for two yea re. Percy H. Rozier et al. vs. Berk Deßulter; suit to quiet title. Finding for defendant. Adolph Dessar et al ys. Ferdinand Hays; suit iu attachment. Dismissed at defendant’s costs. Circuit Court. Hon. Joshua G. Adams. Judge. Leopold Kaufman et a!, vs. John T. Woodard et al.; suit in replevin. Jury out. State ex rel. Pauline Young vs. Thomas Kane; bastardy. A bench warrant was ordered for arrest. of defendant, and he is now in jail awaiting trial. Plaintiff has married since the birth of the child and is suing defendant for its support. This is tlie only case of the kind that has been in this court for at least ten years. Marion Criminal Court. Hon. l’ierco Norton, Judge. John Redmond, petit larceny and receiving stolen goods, was tried by a jury aud sent to the penitentiary for one year. Wnj. H. Tirey pleaded guilty to petit larceny and was sentenced to three years m the State’s prison. He was recently discharged from the Reform School. Morton Monument Fund. The following contributions to tho Morton monument fund were made yesterday: Bruce Carr $2 50 Mishawaka 4 OO Dr. A. Maxwell 2.00 J. F. Wallick 5.00 By ram, Cornelius & Cos 5.00 w. M. Stoddard 6,00 Newton Claypool 5.00 W. 11. June 2.00 W. D. Bvnuiii 1.00 Grand Hotel 10.00 Au Arrest and an Escape. Charles Williams, whom Vena Bank* told tho police had been her accomplice in stealing from the boarders at Mrs. Meek’s house on East Ohio •tract, was arrested last evening ou the charge

of grand larceny. Vena Banks herself was committed to jail yesterday by the mayor to await the action of tho grandjury. She did not have to wait long. The grand jury visited the jail yesterday afternoon, and while being shown through the female department Vena walked out through a dour which had beeu left open and made her escape. Real Estate Transfer*. Instruments tiled for record in tne Recorder’s office of Marion County, Indiana, for 24 hours ending at 5 o’clock p. m.. Dec. 11. 1883. as furnished by Elliott & Butler, abstracters of titles, room No. 3. Astna Building: Isaac N. Van Sickle and wife to Wm. A. Bell, lots 3 and 4. in block 18. in Songster, Harrison <fc Co.’s Oak Hill addition to tho city of Indianapolis $lO 00 David B. Schofield et al. to Wm. A. Bell, lots 20 and 21, in block 1, and lots 1 and 2, in block 18, all in Bangster, Harrison <fc Co.’s Oak Hill addition to the city of Indianapolis 2500 Morv % A. Hilkenbacb et al. to Addison Bj'bee, lot 7 and part of lot 8. in outlot 32, In James Blake’s addition to the city of Indianapolis; also, lot 7, In Alvord & Co.’s subdivision of Butler’s second addition to the city of Indianapolis 7,000.00 Henry Rickard to Albert Beimel, lot 40, in Pettibone & Rickard’s Highland Home addition to the city of Indianapolis 300.00 Margaret C. Traub to Eveline F. Talbot, lot 23, in Jacob Trane’s southwest Indianapolis addition to the city of Indianapolis...,. 150 00 The First. National Bank, of Indianapolis, No. 55, to the First National Bank, of Indianapolis, No. 2,556, lot 20, in outlot 126. iu McKernau & Pierce’s subdivision, in the city of ludiuanapolis 463.08 Conveyances, 6; consideration,,...s7,94*B 08 Outdoing the “Boy Preacher. M There were eleven conversions, last night, at tho Fletcher-place revival meeting, making the total number up to date 172. There have also been 133 accessions to the church. The meetings will continue the rest of the week. Athens, Ga., Nov. 6, 1883.—1 am averse on general principles to saving anything commendatory of proprietary articles, but there are a few on the market that force Those of the profession who come in contact with the diseased and suffering to acknowledge their superiority. Among those I find Swift’s Specific to rank high. One poor unfortunate requests me to tell you that, he had long been a sufferer with terrible blood taint, and securing little if any relief from other treatment, finally resorted toßwift’s Bpecitio. He claims now that it had afforded him relief, that he feels that his blood is pure again, and wishes me to express his deep obligations with which I cheerfully comply. Yours respectfully, Joseph Jacobs, Druggist. iwmKinnCTnmuiimaiinininaiknrju Modern-Science Hi Skeplicßm What has Skepticism done for the world ? Nothin" hut to suggest doubts. It has oven suggested that Hlieumatlsm cannot be cured. Skepticism Is as bad as lSheumatism. What has Science done for the world ? A good many things; tor Instance, It has shown that Rheumatism can be cured. It bas shown that Neuralgia can be got rid of. Modern science UasprovedthutßUeumatlsin Is a blood disease, and has provided Athlophokos as the remedy which can completely cure It. It has proved that although the old doctors failed toovercome Neuralgia, Athlophokos can reach It, and eradicate It from the system. It has proved that though these tormenting diseases were so slow and obstinate, they can be overcome In a little while by means of 1 Don't be skeptical. If youbavoanydoubtsas to what Atulophokos can do, write to some of those whom It has cured. For Instance, Rev. S. R. Dennen, D. D., Pastor Third Congregational Church, of New Haven, Conn., tho Rev. W. P. Corblt, pastor George St. M..E. Church, of New Haven, the Rev. J. E. Kcarles, pastor Willett St. M. E. Church, New York city, Mr. Brummell, the well known candy manufacturer, of New York, Ex-Gov. Bigelow, of Connecticut, and many Others, equally well known. If you cannot got Athlophoxos of your dxuygiat, we will .end it exnroKo.naid, on receipt of regular R rice—one dollar per liotte. We prefer thatyou buy ; from your drugxiat, but if be naen't it. do not bo persuaded to try somethin# else, but order at obo® from us as directed. , ATHLOPHOROS CO., 112 WALL ST., NEW YORK.

Aw an ,nvi *orant, flg SBELI I & r,o stotter'f> Stomach are u > Ichh renowned. STOMACH £ Jor . B ffv flag/ whom apr* 1 ? for Hos■tar |j g B tetter’s Almanac fur GAS STO VES. No Kindling Required. No Coal to Carry. No Ashes to Remove. Prices from $2 to sl6. Bee Otto Silent Gas Engine. We sell to gas consumers in this city only. Ou exhibition and for sale by the GAS COMPANY, No. 47 BoutU Pennsylvania Street. ELECTION NOTICE. The stockholders of the Indianapolis National Bank arc hereby notified that the annual election of five directors of said bank will be held at their bauking office ou Tuesday, tho Bth day of January, 1884. H. LATHAM, Cashier. Indianapolis, Dec. 8, 1883. P 0 LITICA L RE CO LLECTIO NS By GEO. W. JULIAN. Devoted mainly to facts and incidents connected with tlie development of anti-slavery politics from tho year 1840 to tho close of the work of Reconstruction. 1 vol $1 50. BOWEN, STEWART & CO. ( No. 18 W. Washington st.

BUSINESS DIRECTORY. INDIANAPOLIS. ABSTRACTS op titls. ELLIOTT & BUTLER, no. 3 .grsA Btrn.mm miscellaneous. _ MODELS AND PATTERNS jou>7so:sr & co., Corner of Georgia and Delaware Sts. BRYCE’S BAKERY. Only one quality of CRACKERS made, ar, l that the nest. Wholesale price, cents, and retail It) cents per pound. Hercules powder, the safest and strongest powder in the world. Powder. Caps. Fuse, and all tun tools tor Blasting Stum us kept by C. H. JKNNE, Boie Agent, 29 South Pennsylvania street. Indianapolis Oil Tank Line Go., DEALERS IN PETROLEUM PRODUCTS. Corner Pi lie av.d Lord Streets. A. W S. W. B. BARKY, Haw Manutacrnrer, 132 and 134 S. Pennsylvania St. Smith's Chemical Dye-Work3, No. 3 Martindaie’s Block, near Postoffice, (’lean, dye and repair gentlemen's clothing; also, ladies’ dresses, snawis. sacques. aud silk and woolen goods of every description, dyed and retiuished; kid gloves neatly cleaned at 10c per pair. Will do more first-class work for less money than any house oi tue krad in The State. JOHN B. SMITH. MUSICAL GIFTS! CHRISTMAS! NEW YEARS! GEMS OF ENGLISH SONG. 250 sheet music size pages. Revised, enlarged aud best collections of the kind. MINSTREL 80NGS, OLD AND NEW'. 215 sheer, music size pages. All the oid-;iiue, worldfamous minstrel and plantation songs. MUSICAL FAVORITE 239 sheer music size pages. A recent collection of the best piauo pieces. GEM OF STRAUSS. 250 sheet music size pages. Acknowledged to be tbe most brilliant music in the world. GUITAR AT HOME. New. 175 pages. Vocal .and instrumental. Price of each of the above books, $2 in boards, $2.50 in cloth and $3 gilt. Musical Literature. Ritters’s History of Music, 2 vols., each $1.50; Mendelssohn’s beautiful Letters, 2 vols., each $1.75; Mozart’s Letters. 2 vols., each $1.50. Lives of Beethoven ($2), G-Rtsclialk ($1.50), Chopin ($1.50), Handel ($2). Mendelssohn ($1.50). Rossini ($1.75), Von Weber (2 vols., each. $1.50), Schumann ($1.50), Po.lko’sSketches ($1.50), Urbino’s Biographical Sketches ($1.75;. OLIVER DITSON & CO., BOSTON. C. H. DITSON .fc CO., 867 Broadway. N. Y.

gpz. GOLD MEDAL, PAEIS, 1878, BAKER'S itu Breakfast Cocoa. "Warranted absolutely pure JjDA \ Cocoa , from which tho excess of Oil has been removed. It has three Mull times the strength of Cocoa mixed liffS ■ 11A with Starch, Arrowroot or Sugar, KBfk jjoMil and is therefore far more economiIf I cal. It is delicious, nourishing, Imm KJ lImII strengthening, easily digested, and Ifc $ l jl| admirably adapted for invalids as L A, 1 well as lor persons iu health. Bold by Grocers everywhere. ¥. BAKER & CO,, Dorchester, Mass, ST. MARY’S ACADEMY, East Maryland Street. In the elegant and-spacious buildings attached toßc. Mary’s Church, the Sisters of St. Francis, so favorably known for their successful efforts for the Christian education of youth, are prepared to receive boarders. The location and arrangement of the building insure every comfort and convenience. Pupils (female only) from 6to 14 years, will be accepted. Those above this age will be transferred to Oldenburg. Franklin county, Ind., where the principal academy, conducted by the Sisters of this order, is lo cated. Term of tuitiou are very moderate. Foi further particulars address SISTER SUPERIOR, Bt, Mary's Academy, East Maryland Bt., Indianapolis, Ind. TOBACCO CHEWERS A REWARD Os $555 CASH, 1,000 Imported Novelty Pocket Knives and 5,000 pounds of the Groat ZOO-ZOO CHEWINC TOBACCO TO BE GIVEN AWAY! EVERY CONSUMER saving over 30 tags will be REWARDED. 5* 100 to lot, NiX) to2d, SBO to 3d, SlOtbTth. SiGO to6th, §SO to 6th, S4O to 7th, 830 to stli. 820 to *th. 810 to loth. 85 to 11th, 1,000 Imported Pocket Knives worth $1 each, and 5,0,H> pounds ZOu-ZOO Plug Tobacco, to bo given in rotation, tlie largest number of tags returned will receive the first reward, 8100 Cash, second highest, 890, and bo on down to a loot plug' of ZOO-ZOO tobacco. These Christmas and New Year rewards will be distributed between Decernber 25tli and January Ist. Chew this delightful tobacco. the best ever made. Save the tags and send them by mail, between December loth and 25th. to tho WILSON & HI cO ALL AY TOBACCO CO. MIDDLETOWN. OHIO. HIT Cut address out nud paste on Envelope* This is THE FINEST POUND PLUG EVER MADE. ASK YOUR DEALER FOR ZOO-ZOO. er-iiiaist ou Aaviutf it aud you will uae uo othen lAlyom&healy§ State & Monroe Sts., Chicago. Will send prepaid lonny address I lielr f BAND CATALOGUE, ({ for lt>Sa, .00 of instrument*. Suite, Cep., IMI?,V\ “/MBR Pompons, Kpanicle, Cap-Lump*, V Stands. Drum Major% Staffs, ami //\H Hats, Sundry Hand Out Ins, Repairing JI Iff Material*, *l-0 Includes Instruction end en-ise* for Amateur Uauda, eud a ■ ot Choice Hand Music, ** NOTICE TO CONTRACTORS. The Building Committee of tho Memphis Cottnu Exchange wiJl receive scaled proposals at their office, Memphis, Tenu., until 12 m . ou the 10th day of January, 1881, for tnc’cu i-.nou of a new Cotton Exchange Building. Proposals will be received in lump or In detail. All proposals in lump have to be accompanied with a good solvent bend of SIO,OOO. Proposals for the detail work have to be accompanied with a good and solvent bond of 10 per cent, or cost of work. Drawings and specifications can be een at tho Cotton Exchange in Memphis, Tenn., and at tho office of 11. Welters, Architect, Louisville, Kv. Tlie committee reserves the rigut to reject any or all bids J. M. FOWLKES. Chairman Building Committee. GRAND lIOTiCLi, INDIANAPOLIS. INDPassenger elevator and all modern conreu iencea. leading Hotel of the city, and strictly nrst-ciass. Kates, $2.50, $3 and $3.50 par day* TUo latter price including bath. GEO. F. PFLNG3T, Proprietor-

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