Indianapolis Journal, Indianapolis, Marion County, 4 June 1884 — Page 7

/FAIRS OF THE RAILWAYS. Personal and Local* £ John R. Elder, president of the Shell Beach road, left last evening for New Orleans to be absent ten days. rj H. Satterwhite was yesterday appointed agent >f the Globe line at Louisville, where an office of the line is to he opened at once. The 0., I. St. L. & C. is copying after the C.. SI L. &P., and is * making its stations attractive Uy grass plats, flower beds, etc., neatly fenced in. •p On Monday a special train over the C., 1., St. I .. &C. made the ran from North Indianapolis | to Lafayette,, sixtv-four miles, in one hour and Jaixteen minutes. Colonel Orlando Smith, president of the Cincinnati. Washington & Baltimore road, passed irough the city yesterday in a special car, en >ute for Chicago. v ?ho Vandalia is again away ahead in the east I* id live stock pool out of St. Louis, the **l statement! -June 1, showing their excess \) 1,974 car-loads. -iorge Stevens, division superintendent of L Wabash road, now has 1,309 miles of road r ler his supervision, 230 miles haviug been 1 ied through the recent changes. Coal traffic on the Ohio Southern is at a stand . ill owing to a strike of the miners. Meantime ' j# L, B. Sc W., which operates the road, is aking improvement to the track. The question now is when will the Illinois '’Midland road be sold. Justice Harlan has teleraphed another postponement of the filing of a tiecree of sale of the Illinois Midland, this time indefinitely. George Bbwloa, who has been on a trip to flouth America during the last six months, has returned and yefcffetdfcy resumed his position as |>rivate secretary; to joint agent Moore, of tlie Vlucago east-bound pool. EL B. Hammond, of Now York, president of the Indianapolis, Decatur & Springfield Railroad Company, an’. R. L. Ash hurst, who is interested in the road in a financial way, will be in the city next week on a business trip. Indianapolis loses the manufactory of the American Electcie Headlight Company* they having decided to establish their manufactory at Akron. (>< The company expect to introduce their headlight on ton roads before July 1. One of the* ticket scalpers, yesterday, in answer to the question why he was working Cincinnati business over the C., 1. St. L. & 0., and Chicago business over the 1.,.8. &.W., said: I work for the read wliiih pays me the largest per cent, to such points. W. Broughton, assistant to President Jewett, has been appointed general manager of the Chicago' St Atlantic read. J. H. Parson, division superintendent, is made general superintendent, and J. H. Tinney has bean appointed assistant to General Superintendent Parsons. The stockholders of the Terre Haute & South Eastern road met Monday afternoon at Terre Haute and elected as directors Wm, R. McKeen, Josepkus Collett. J. G. Williams. W m. G. Jeaiks andW. M, Tuelt The directors elected as president, Josephus Collett; treasurer, W. Cruft; secretary, Geo Farrington. The increase in passenger traffic over the Airline division of the L.. N. A. &C. is shown by the official statement that the receipts from sales of tickets in May at the Fhion Depot reading •over this route were 40 per cent, in excess of the Bales in the month of April, and south-bound the exhibit is said to be fully as favorable. The Chicago & Eastern Illinois headed off the scalpers in the sale of exnmfon tickets to Chicago by issuing a novel coupon ticket. It was a gtruight coupon ticket to Chicago, with the return part of the ticket blank, except a number, and the regular stamp of the C. & E. I. road, so that parties who chose to remain in Chicago could not dispose of them to the scalpers. E. B. Waldron, formerly general manager of the Lake Erie & Western road, as well as being n very able railroad man, is an expert in a social way. On Saturday evening last, he entertained iu xa elegant manner the Carlyle Literary Society of Purdue. About 123 invitations had been issued, and nearly every one came, including many invited guests from different parts of tlie State.

The receivers of the Wabash will go into court tliis week and explain that there are several leases of such a character as to make them onerous. They will recommend that they be empowered to negotiate with the bondholders for the consummation of new leases on the basis of a lower rate of interest. It is almost deli nitely settled that the lines owned by the Wabash will not be sold off. but an effort will be made to make them pay operating expenses, at least. < The Truth of the Matter. At the meeting of the general passenger agents Ao Sx rates to the Chicago convention, the Chicago, St. Louis & Pittsburg, which has the shortest line, was allowed the privilege of naming tUo rate, aud H. R. Deriug, assistant general passenger agent of the Pennsylvania named the rate, making it one fare for the round trip. When the 1., B. & W. came to sell its tickets it named its one trip rate, s4 ■. 75, which they claim they had a right to do under the pooling arrangement In this position they were supported bv President .Mulott and Commissioner lliehardson and President Malott instructed General Ticket Agent Donough at tlie Union railway office to sell round-trip tick ets to Chicago over the C., St. L. & P. and the C., L, St. L. & C. at $5.50 per ticket, and over the 1., B. & W. at $4.75, giving the latter its differential rate. On tlio other hand, the C., St. j U &P. and the C., 1.. St. L. &C. people tako the ground that the differential rate is not allowable whea rates are redneed to conventions or excursion rates are given; consequently they met the rate made by the 1., IS. & W people. It is unfortunate for' the Chicago and Ohio River pool that this question had not been adjusted before the sale of tickets was commenced, as all troubles of this character weaken the pool and lessen the confidence in its fairness. The 1., B. & W. certainly overreached the pooling agreement in advertising its differ ential rate .so attractivel*, or evon at all, and thoC., St. L. AP. and a, 1., St L.&C., :.s well, have broken the pooling agreement by pot respecting the order of President Malott, which was that they should sell at one fare, $5.50, round trip, ove- their lines. Conductor Palmerton’s Statement. A. 11. Paliuertun, late passenger conductor on the Indiana, Bloomington & Western road, feels that injustice has been done him in regard to bis trouble with a supposed tramp who was stealing a ride. He makes affidavit that the man who caused the trouble lie put off of the train at Bloomington, a second time at Farmer City, and found him a third time on his train rhon near Mansfield, was not injured through fault of his. As regards the statement that he pushed him from the train, be says: ; The only ‘ime I touched him or laid a finger upon him **as when I had him by the collar, and when 1 let loose to set my lantern down he jumped off." Mr. Palmerton states that he was discharged by Superintendedt Wilson and paid off before any positive statement was taken. The Indiana, Bloomington & Western Railroad Company settled with the party, who, as Conductor Palmertou alleges, lumped from liis tram near Mansfield, breaking his leg in two places, bypassing him to Urbana free and giving him S2OO in cash. The Boyish Passenger Men. A general manager yesterday remarked that he was entirely out of patience with the manner n> passenger men were running their departji. ►a. Boys, he thought, would, in most cases, do -s well. For instance, he said, tako the busi ness currbxl to the Chicago convention, 00 per cent as many persona would liuve been carried at full tariff rates and just as many at tivothird tariff rates. Vet, in the outset, the general passenger agents cut tile round trip rate right i two in the middle, and then, when the people jegan to go to Chicago, one of their number, in spite of all pooling agreements, dropped seven-ty-five cents under tie-half rate and. of course, the competitors made a similar reduction and the receipts from passengers carried were re ally 40 per cent, less than they would have been had a two-thirds, tali ft rate been given,

with which rate the parties concerned would have been just as well satisfied. The same was true in regard to the management of their business generally. If one road thinks its competitors are getting a little more business than usual, a cut in rates is ordered and the question then is only which road will give the lowest rate; especially did this remark apply to west-bound travel. _ Place the Credit Where It Belongs. The Railway Ago states that a week ago Mr. C. F. Wilcox, train dispatcher of the Wabash, at Decatur, Illinois, offered to take the lead in the organization of a train dispatchers’ organiza tion, and invites correspondence on the subject. Mr. W. N. Marshall, of New Albany, Indiana, proposes that a meeting to effect an organisation be held at Louisville, Kentucky, in August, and assures those who may attend a cordial welcome from the railroad officiate, lintels and from the Southern Exposition people there. The latter have promised room in the Exposition building for the convention. This will be of interest to the train dispatches in the entire West. —Denver Tribune, of June 1. To M. S. Connors, train dispatcher of the Cincinnati, Hamilton & Ijndianapolis, belongs the credit of first originating the proposition to organize a train dispatchers' association, and liis suggestions were made public through the Journal some weeks ago. and then were taken up by the weekly railroad papers. _ Cutting Down Expenses. As is customary with the Pennsylvania lines, in June they cut down operating expenses, this year by reducing the force in the shops, roundhouses, yards and offices. At the shops in this city twenty-seven men have been discharged, at the Columbus shops some sixty men; at the Indianapolis, Richmond & Columbus yards, a switching-engine and train-crew has oeen taken off; six telegraph operators have been relieved on the Indianapolis division, and at the offices a. weeding-out of clerks is going on. As far as practicable, no man is discharged who hns a family dependent upon him, and all are promised work as soon as business improves. The 1., P. & C. Lease. The Wabash, St. Louis & Pacific defaulted SOO,OOO June 1. on interest upon the $2,000,000 mortgage bonds given by them when they leased the fndianapolia, Peru & Chicago road, and on July 1. #14,023 of additional interest and rental falls due. Shout and they fhil to pay this, as they doubtless will, the Wabash company will be in default to the 1., P. & C. company $104,025. Tlie Atchison Withdraws. Boston, June 3.—Tho Atchison, Topoka & Santa Fe Railroad Company has given the required three months’ notice of withdrawal from the Transcontinental Railroad Association, which pools all business west of the Missouri river. Miscellaneous Notes. A convention of railroad coal miners is to be held in Pittsburg on June 17. 1 The Philadelphia & Reading is $3,934,000 be hind its fixed charges fbr tho first five months of the present fiscal year. "While railroads are going into the hands of receivers, ocean steamers are being sold by the creditor builders for account of our regular lines, some of whom are unable to meet their obligations. ■* The. Anniston & Atlantic road is now in operation and running double daily passenger trains between Anniston and Talladega, connecting diiily with the Georgia Pacific road for Atlanta and Birmingham. Prussian railroad employes are not magnates in point of income. Tlie lowest average salary paid railroad employes in America amounts to $384. while the average yearly pay of 157,631 employes on the 9,001 mile* of Prussian railroads in 1882-83 was $193. The recent meeting of the executive committee of the Southern Railway and Steamship Association developed the fact that the pool is stronger than ever. The old differences between two or three leading lines have either been harmonized or tacitly dropped for the time being. In speaking of the misfortune, of late, of several speculating railroad president*, the New York Post says: “The moral to be drawn from these misfortunes and misdemeanors is that railroad men should never speculate, that they should avoid their own stocks as they would the plague. Success on the Stock Exchange calls for a eool head and the capacity to see nil sides of the subject matter. This is what the ‘insider seldom or never has."

Resit Estate Transfers. Instruments filed for record iu the Recorder's office of Marion county, Indiana, for the twenty-four hours ending at 5 o’clock p. M., June 2 1884. as furnished by Elliott A Butler, abstracters of titles, room Ho. 8 .Pina Building: Elizabeth W. Walker and husband to Bilas T. Biizard, lot !)5 in Smith & PurselLs subdivision of lots 8 aud 9 in Jones’s addition to Indianapolis $150.00 Sarah A. Johnson and husband to Virginia A. Davenport, part of the east half of the northeast quarter of section 25, township 17 north, range 2 east 700.00 Abram T. M-oore and wife te Gabriel Sobmuck aud wife, part of lot 05 in Butler's College Comer addition to Indiauapolis 7,000.00 William -A. Xiedhamer and wife to Laura It. -Jennings, lots G and 28 iu McCarty's first West-side addition to the city of Indianapolis 2,500.00 Frank O. Wadsworth and wife to Edward R. Bladen, lot 105 in .lulian et ah's sub* division and addition to-Irvington 400.00 Benjamin P. Tuttle, commissioner, to Henry It. Vordermark, tots 100, 110 and ill in Yeiser, guardian’s, addition to Indianapolis 750.00 Jacob Weinbricht to John G. Weinbricht, lot 3 in Sei.ii-nstickoi- et ah's subdivision of part of block 3 0 in Holmes's Westend addition to Indianapolis. 125.00 George P. Bisseli, trustee, et al. to Janette B. White, lot 8 in Webb & Braden's subdivision of tot (i and part of lot 5 in square3s, in Indianapolis 10,000.00 Conveyances, 8; conideration $21,025.00 The IU-mau.i for Divorces. Judge Taylor yesterday granted Stephen Hermion a divorce from Mary 0. Hermion on grounds of abandonment, and Mary E. Agee from Jabez Agree on proof of adultery; and Judge Walker granted Jennie Fogarty a divorce from Thomas Fogarty on grouuds of abandonment. David E. Williams has applied for a divorce from Mary E. Williams. He alleges that she had a “morbid desire for riches and luxuries” which he could not afford, and that she was always dissatisfied because of her inability to live like rich people. He claims further that she tried to get various persons “to thump him,” and otherwise treated him cruelly. A Great Game of Ball. It is doubtful if a better game of ball has been played this season than that between the Indianapolis and Allegheny clubs, at Pittsburg yesterday, which was won by the latter by a score of 3to 2. All the runs wore made aud earned in the first inning, and there was but a single error on each side. But four hits were made off of Aydelotte. The Indianapolis club is evidently somewhat crippled up. as McKoon played second yesterday, Sneed right, and anew man named Holdsworth, middle. Philips has been doing remarkable batting since the club weut East Poison Oak. Spa titan ill! uu, S. C., March 13, 1884. Your most valuable medicine (Swift's Specific) has done me so much good that I feel like saying this for the benefit of those who suffer like I did. 1 was poisoned by poison oak, and saw not a well day for six years, until I used Swift's Specific. In the six years I used almost every kind of medicine, but none had the desired effect. After using six bottles of Swift's Specific, 1 am restored to perfect health, with not a sign of that awful poison left. Yours truly, David Nesbitt. Treatise on blood and skin diseases mailed free. The Swift, Specific Cos., drawer3, Atlanta, Ga.

THE INDIANAPOLIS JOURNAL, WEDNESDAY, JUNE 1, 1884.

DEPENDING THEIR ACTION. The Acton Camp Meeting Trustees Make Elaborate Denial of Certain Charges. At a meeting of the board of trustees of the Acton Camp meeting Association, held at the Grand Hotel. June 3, 1384, there were present Rev. J. K. Pye. president; Rev. S. Tineher, vicepresident; and Messrs. W. Cumback. J. R. Budd, L. W. Ivnobe. P. J. Beach bard, ami M. B. Robins. After the transaction of some routine business, the following statements of the facts and resolutions were offered by Hon. Will Cumback, and on motion, were unanimously adopted by the board: The trustees of tlie Acton Camp-meeting Association beg to say that rhe statement that the railroad company would not rim &utnhiy trains if the association so requested, is. not true. No such proposition,or any thins like it, baa-ever been made by the railroad company to the association, The preamble and resolutions embodying that statement, offered at the last meeting of the association by Rev. T>r. Gillett, were voted down because those voting in the negative knew it was not true. Rev. I>r. Gillefct offered it in good faith, supposing and believing it was true that such a proposition bad been made. All the comments of the press and the action of official boards in regard to said vote of said association have been based on a false premise, and their conclusion* are unjustifiable and place the association in a false light. The trustees further say that in all the years past, when the largest numbers were present at tho campgrounds. either on Sunday or week day. there has been the best of order and decorum. They clu-im. also, that the Acton Assembly lias been conducted on the strictest religious methods; that the lectures have been exceptionally good: that their teachings have been sound, and that the lecturers have been tho ablest, best and purest men and women of the country, and that the tendency and effect of the lectures have been to cultivate and christianize all who had the opportunity and pleasure of hearing them. We have had all the time, at the religious services, the beet preaching in the Methodist ('hnroh. and the history of the camp meeting will show that many have been converted and turned from the paths of sin to that of Christianity. It has also been a social resort, free from the fashions, follies and vices usual to places where people go for rest and recreation. Therefore; “Resolved, That the trustees are amazed that certain newspapers and ministers of the city of Indianapolis so far forget what is duo to truth and decency to compare said assemply and camp meeting to Sunday base ball, and to assert that a majority of the good people who meet there from year u> year are hypocrites and violators of the law. “Resolved. That a newspaper, the editor and proprietor of which were all day last Sabbath at Chicago, preparing and sending dispatches about a political convention now in session in that city, and whose Monday columns were full of their Sunday work, are not bright and shining lights to guide others in tho paths of Sunday observance. “Resolved, That the threats of certain official members of churches- in Indianapolis to withhold their support and countenance to the Acton camp meeting, some-of whom have never spent a cent , or devoted any time to the help of the Acton association, does not excite any seiiona apprehension for the future success of the Acton camp meeting. “Resolved, That the board, of trustees will gladly and unanimously accept any proposition, of the C., 1.. St. L. &('. Railroad Company to stop all Sunday t rains to the Aoton camp meeting.” On motion of M. B. Robbins, a committee of four persons were directed to confer with the officers of the C., 1., St. L. & 0. Railroad Company in regard to rates andaccommodationsthev will furnish the association without running Sunday trains, the committee to consist of Rev. J. K. Pye, W. Cumback, J. 11. Budd and W. H. R. Reed, with directions to report to a meeting of the board of trustees, to be held at the Grand Hotel, on June 10, 1884, at 11 o’clock A. XL On motion of Mr. Cumback, the following resolution was adopted: “Resolved, when we shall have, gotten all the necessary facts, a meeting of tlie association shall be called to consider what action shall be taken with regard to running trains on iSunday.” On motion the secretary was directed to furnish a copy of the proceedings to each of the daily papers of Indianapolis. J. K. Pye, President. G. M. Wright, Secretary.

PERSONAL MENTION. Mrs. Edwin May has returned home from an extended visit to relatives at Chicago. Mr. aud Mrs. A. S. Burgess and Miss Fannie Patterson have gone to Chicago to attend the convention. General M. B. Sweitzer and Colonel W. S. Chambers, of the United States Army, aro at the Denison. Governor Porter went to Chicago, last night, to look in on the convention, and will return home to-night. Mr. Fred Harper, of Madison, is in the city as a delegate to the Episcopal diocesan convention, and is the guest of Horace Parrott, of North Delaware street. Rev. Marine, pastor of the Central-avenue M. E. Church, left last night for Lincoln, Neb., where he will, on the Btli inst., deliver an address at the laying of the corner-stone of anew Methodist church. His pulpit will be occupied on uext Sunday morning by Mrs. L. O. Robinson, and in the evening a “Children's Day Service" will be held. Mr. Will E. Tousey and Miss Mary Meadowcraft were married at 11 o’clock yesterday morning, at the residence of the bride's grandparents, Mr. and Mrs. T. J. Hart, on North Tennessee street, Rev. Frost Craft officiating. Tim wedding was private, only the near relatives of the respective families being present They left at noon for a trip South. The marriage of Miss Stella Hammond and Mr. Franz Joseph Uiitersee will take place tonight at the residence of Mr. Charles F. Robbins. 476 Park avenue, the Rev. Father Bessonies officiating. The ceremony will bo performed at 7 o'clock, and will be followed by an, informal reception to friends of the family between the hours of 8 and 10 o’clock. Hotel Arrivals. Hotel English: J. C. Buchanan, Louisville; James E. Strong, Shelby-ville: M. Hathwav, New Castle; John Craig. Bloomington: J. Patterson, Thorntown; John Wilson, Liberty; John 11. Peck, Dr. P. B. Burger, Logansport; Charles A. Ross, Cincinnati; J. C. Carver. T. D. Alisbaugli, Cleveland; George Patterson, Chicago. Bates House: Wm. Groove, New Castle; DcFoe Skinner, Valpariso; J. M. Sankey, Terre Haute; Isaac Beach and wife, Lafayette; A. N. Grant, Kokomo; F. C. Bailey, Freeport; Ed Wilson, N. L. Hallowed, Evansviiie; B. F. Cown, Greeneastle; J. E. Kirk, Kokomo; C. B. Smith and wife, Michigan City; Walter Dolafiehl, Terre Haute: L. C. Murphy, La Porte; Geo. W.Paul. Wm. Dunkle, Crawfordsville: ,T. H. Wood, ford, Vincennes; C. W. Creacon, Now Albany Denison House: John H. Patrick. New York: H. P. Barton, Chicago; Arthur Bradshaw, New York: F. O. Foster, Marion, Ind.; John A. Maier, C. W. Batch, W. E. Lissett, G. M. Evans, Fort Wayne; J. J. Faude, Michigan City: J. A. Smith, Baltimore; Jas. M. Sankey, Terre Haute; S. F. Lockridge, Greeneastle: J. N. Cooke, Geo. S. Needham, Wm. B. Darmer, Richmond; W. K. Smith, Toledo. O.; R. W. Geiger, 11. H. Heaford, Chicago; C. S. Guyor, Rushville; J. E. Mills, South Bend; J. H. Douglas, T. B. Blair, 11. B. Morehouse, Philadelphia; J. R. Gray, Noblesvillo, lnd.; F. N. Koiloce, M. L. Jones. Fort Wayne; A. C. Williams and wife, Louisville, Ky. THE CITY*IN BRIEF. The Lyra society will give a “calico hop” at their hall to morrow night. Goshen Band with twenty pieces and an elab orate drum major, and Goshen unifor m rank, K. of P., came in last night. Articles of association of the Widows’and Orphans’ Association for Colored People of Indiana were filed with the Sectrotary of State on the 26th of May. A sealskin sacque and a lot of other valuable wearing apparel, belonging to Ira W. Krutz, were stolen, yesterday afternoon, from No. 67 West Michigan street. Building permits were issued yesterday to Henry Klanke for a $1,600 frame house, Pine

and Sti. Clair streets, and to Abner E. Pursell for a $1,600 double frame cottage. Broadway and Seventii streets. Marriage licenses were issued yesterday to James Parfet and Annie Dunning. Minter S. B. Clements and Jennie K. Corseil. Matthew P. Walsh and Bertha Schwartz. Many division, uniform rank. K. of P.. turned out last evening in their new regulation uniform, and presented a handsome appearance. They march with the precision of veterans. The funeral of Judge Worden, at Fort Wayne, to-morrow, will be attended by the Supreme Court judges and commissioners, the Clerk of the Supnemo Court, and the Attorney-general. George W. Johnson has resigned his position as Captain of the Indianapolis Light Artillery after having organized and successfully managed the company, which is now in an excellent condition. Professor W. H. Clarke. Mr. and 31rs. 31. FT. Spades. 3liss Nettie Johnson and others will give an organ recital and concert at Roberts Park Church to-night, for the benefit of the Sunday-school. The G. B. Lesh Manufacturing Company, formed for the purpose of manufacturing plows, wagons, carriages and other vehicles, was incorporated yesterday. The capital stock is $30,000, and the directors are G. B. Lesh, of Warsaw; John M. Lesh. of Goshen, and Lewis Pecry, of North Manchester. In oi*der that the geological surveys of Hamilton, Madison. Psion, Fayette, Lake and Porter counties shall be ns accurate as possible it will be necessary for the citizens to give their assistance to the gentlemen who are to prepare the reports. They will receive only nominal compensation for their work, as there is no money appropriated for the service. THE COURT RECORD. Supremo Court—-June 3. Hon. Byron K. Kiiiot, Chief Justice. COUNTY COMMISSIONERS —RIGHT TO CONTRACT FOR INDEXES. 10219. John 6. Hoffman vs. Commissioners Lake County. Porter (\ 0. Elliott. C. J.—Appellant filed a claim against the county for services in making a general index of the judgment dockets of tlie Circuit and Common Pleas Courts, under a contract-with the county board. The statute invests county commissioners with very comprehensive powers over the business, property and affairs of the county. These records belong to the county, and the commissioner;* must have authority* to keep them in such condition as will make them useful to the citizens. It should be held that securing an accurate index is a just exercise of the powers with which they are invested. (4- hid.. 315: 17 id., 437; 80 id., 59; -10 Mich., 447; 28 Mo., 58t>.) Judgment reversed. PROMISSORY NOTE—FAILURE OF CONSIDERATION. 11205. John S. Lynn etal. vs. Joshua H. Crini. LawrenceO. C. Howk, J.—A judgment will not bo reversed for error iu sustaining a demurrer to a paragraph of answer where all competent evidence under such paragraph is admissible under another paragraph remaining in the record. (38 Ind., 175; 18 id., 100.) In an action on a note against two or more makers a claim in favor of one cannot, bo pleaded by him as a set-off. unless he allege* that lie is principal and his codefendants sureties. (R. S. Sec. 349; 53 Ind.. 216; 57 itk, 270? 89 id:. 345.) Where a paragraph of answer pleads certain facts as a failure of consideration, but the facts really show a want of consideration for the note, it is a harmless error to sustain a demurrer to such paragraph, there being another paragraph in which want of consideration of the note is pleaded. Judgment affirmed. CHANGE OF VENUK—PRESUMPTION —ADMISSION'S. 10766.—Samuel K. Newman vs. Sarah J. Hazelim Carroll C. C. Elliott, C. J.—Where an attempt was made by one party to have tho case sent to one county and tlie other objected to that county, without objection tlie court then sent the case to another county, it will bo presumed that it was scut to the latter county by agreement. The court instructed the jury that it was their duty to consider evidence of verbal instructions with caution. “The party who is claimed to make such admissious may not have expressed himself definitely ami clearly; the party testifying to such admissions may not have heard accurately; he may not havo remembered cor"rectlv, or lie may not stale closely the. words spoken or matter admitted. * * * By reason of these possible infirmities of tongue and ear, and memory uud expression, it is necessary that you carefully scrutinize lluxoyideuce of verbal admissions, in order that you may determine whether it is reliable and credible or not." On tlie authority of 89 Ind., 360; 76 id., 149 and 74 id.. 60, this instruction was eroneous. Judgment reversed.

ROAD SUPERINTENDENT ADVANCEMENT OF F UN DS —M A N DA T F. 11398. State exrel.. Brookshire vs. Edwin L. Snodgrass, trustee. Montgomery, 0. C. Hammond, J.—The relator held tho office of road superintendent under the act of 1881 ami in anticipation of the collection of the dune assessment made by the county lniard. and without any funds iu his hands for that purpose, the relator expended of his own money for needed work outlie highways in his township tlie sum of $1,675.17 and before the collection of suoli tax his office was abolished, leaving the township indebted to him in that amount. Ilejd: The superintendent might do such “ordinary work” on the highway as was necessary in . Vance of the collection of the tax levied. (30 lud.. 178 j 73 id.. 501; 75 id., 368.) lint he could not do 'extraordinary" work. A writ of mandate will lie only where therein a clear legal right to the relief demanded. If the right is doubtful it must first be established by an ordinary action at law. (High Ex. Rem., section 100 117.) The relator must establish his claim by proper action against the township before proceeding to coerce its payment by mandate. There is nothing in the complaint to show whether the work done was “ordinary” or “extraordinary.” Judgment af tinned. JUNIOR AND SENIOR MORTGAGES —PRIORITY— CONTRACT —POWERS OF GENERAL AGENT. 9459. Wilson Morrow vs. United States Mortgage Company. Marion S. ('. Niblaclc, J.—Appellee held a senior mortgage on certain property, and appellant had purchased the property at a foreclosure sale under a junior mortgage. He paid certain coupon notes as they became due, for interest on said senior mortgage, under an agreement with Henderson, who was the general agent of appellee, that ho should hold the notes ns a prior lieu on the property to the appellee’s niortooge. Appellee claims that the contract was one which Henderson hud no power to make so as to bind it thereby. Held: If appellant hqd paid ai>d taken up the coupon notes without any express agreement with the company, be would have become subrogated to the rights of the company in the notes, subject only to the condition that he could not. enforce their payment as against the mortgaged property while any part, of the company’s debt remained unpaid. (87 lnd., 424: 74 id., 565, Sheldon Sub., sec.. 4.) The express agreement with Ifonderson amounted in legal effect simply ty> a waiver by the compauv to its right to insist upon a postponement c*f appellant’s claim for reimbursement until tho remainder of the mortgage debt, was satined. The agreement was incidental merely to the collection of certain installments of interest upon the principal debt and was clearly within the scope of Henderson’s authority as general agent of the company. Judgment reversed. Superior Court* Room No. I.—Ron. N. B. Taylor, Judge, .Stephen Hemion vs. Mary C* Homion; divorce suit. Decree granted plaintiff on. grounds of abandonment. Mary R. Cost vs. Daidel W. Holbrook; suit on note. Judgment for $209.36. Mary E. Agee vs. Jabez A. Agee: divorce suit. Decree granted on grounds of adultery. Room No. 2—Hon. D. W. Howe, Judge. Mary E. Pringle vs. David Williams et aL; suit to • quiet title. Decree far plaintiff. Frank B. Walker vs. Lowis M. Sulivan et al.; suit to quiet title. Cause dismissed. Frank B. Walker vs. George M. Sweny et al.; suit to quiet title. Deeres for plaintiff. I. H. Fowler, guardian of Margaret E. Johnson vs. t\ mmercial Mutual Life Insurance Company; suit for partition. Decree for plaintiff. F. B. Walker vs. Krastus R. Little et al. Foreclosure uivd decree for plaintiff. Room No. Hon. Lewis C. Walker. Judge. Frank B. Walker vs. Walter Good et al.; suit to quiet title. Finding for plaintiff. Frank B. Walker vs. Frederick Homeyer et al.; suit t.o quiet title. Finding for plaintiff. State ex. rol., H. (’.Adams, trustee, vs. Willis W. Wright; suit on bond. Judgment for $54. Ora A. Conn vs. Sidney \\ . Conn; suit for divorce. Tried and taken under advisement by the court. Jennie Fogarty vs. Thomas Fogarty; suit for divorce. A decree granted on tho grounds of abandonment. Franklin Barnhart et al. vs. Robert J. Hollar et al.; proceedings supplementary to execution. Dismissed at plaintiff's cost. • Paper Jobbers Suspended. Philadelphia, June 3. — R. H. Forestal & Cos., jobbers in paper, suspended i*nymeut to-day. Thoir liabilities are about $,5,000. The creditors agreed to receive sixty cents on the dollar, payable in six. twelve, eighteen, twenty-four and thirty months. Forestal expects that the liabilities will bo covered by the assets. The testimony of a million housekeepers who have for years used Dr. Price's Cream Baking ! Powder, and found it in all respects the best, is the strongest evidence that the public t an ha\e of its real Worth. In the kitchen, in the family loaf, iu tho oven it shows its true value.

PROCEEDINGS OF CONGRESS. THE SENATE. Sixty-Two Bills Passed, ami Adjournment Hsul Until Friday, Washington. I). C., June 3.—On motion of Mr. Ingalls, the .Senate resolved that when it adjourn, it be till Friday uext. In accordance with the unanimous understanding of yesterday,the Senate proceeded to consideration of the calender of cases nnobjected? to. Among the bills read the third time and passed were the following: The bill introduced by Mr. Conger, granting annual leave of absence, with pay, to letter carriers. Tho bill as introduced provided for thirty days leave, but the Senate committee on postoffices and post-roads recommended that the vacation without reduction of pay be made fifteen days instead of thirty. The bill was amended to correspond with the recommendation of the committee, and then passed. It authorizes the Postmaster-general to employ the number of substitute letter-carriers rendered necessary by tho provisions of the bill, the compensation of such substitutes to be at tho rate of S6OO a year. The bill granting the right of way through the Fort Selden military reservation to the Rio Grande, Mexico & Pacific Railroad Company. The bill giving a pension of SSO per month to the widow of (Jeneral Judson Kilpatrick. The bill establishing- terms of court for tho district of Colorado. It fixes tlie beginning of terms for Denver as the first of May and November, for Pueblo as the first Tuesday in April, and for Del Norte as the first Tuesday in September in each year. Tho bill authorizing the .>ule of a portion of tlie Fort Hay- Military Reservation to the Elliot County Agricultural Society of Kansas. The bill providing for the sale of the Kickapoo diminished reservation in Kansas. The House bill relating to the Legislature of Dakota. It provides that- the Council of tho Territory shall consist of twenty-four members, and the House of Representatives oi. forty-eight members, and that at the next general election, two members of tlie Council and four of the lower house shall bo elected in each of the twelve legislative districts of the Territory, The bill introduced by Mr. Pendleton to regulate the payment of bills or exchange drawn in foreign countries on persons, firms or corporations in the United States. The bill adding SIO,OOO to the amount already voted for the construction of a public building at Columbus. (). Tlie bill fixing the cost, of a site for a public building at Leavenworth, Kas., at not to exceed $160,000. The House bill authorizing tho construction of bridges across the Missouri river at Leavenworth, and near the town of Route, Richardson county, Nebraska. At 3:25 tlie Senate, after passing sixty-two bills, adjourned. THE HOUSE. Passage of the Bill to Prevent the Unlawful Occupancy of Public Lamia. Washington June 3.—Mr. Pay son, of Illinois, as a question of privilege, called up for consideration the lull reported from tho committee uu public lauds to prevent unlawful occupancy of public lands. Mr. Healey, of California, made the poiut of order that the bil 1 was not of that character which was privileged under the Holman resolution, but the point was overruled by the Speaker. After discussion the bill was passed. It prohibits the inclosure of any public laud when the person or corporation making the inolosure has no claim or color of title to the land, and makes it lawful for any person to tear down or demolish any such inclosure when it includes more than 160 acres. The L2tk of June was set apart tor consideration of tho electoral-count bill. Tho House then resumed consideration of the bill to forfeit the Oregon Central land-grant. An amendment offered by Mr. George, of Oregon, to confine the forfeiture to unearned lands was lost—yeas, 66; nays, 97. The vote on the passage of the bill stood—yeas, 134: nays, 22. There being no quorum the House adjourned.

Twenty Years Alter. New York. June 3.— When the war of the rebellion broke out James A. Drake, a native of Westchester county, resided in New Orleans. He was drafted into the confederate army ajid deserted soon afterward. -Subsequently he enlisted in the federal army and wits taken sick iu Virginia, where it was reported that ho died. His onlv sister subsequently became Mrs. Lyman Cobb, wife of the cashier of the Yonkers Savings Bank. Mrs. Cobb made every effort to ascertain something definite about her brother’s fate, but could discover nothing. For twenty years Mrs. Cobb has belived that her brother was dead. On May 20 last a letter addressed “To Any War Veteran" was received at the Fort Wayne. Lnd., postoffice, containing inquiries about a brother of the writer, who was supposed to be in that vicinity. The letter was handed to a veteran, who read it ami gave it to Henry Drake, the mailing clerk at the Fori Wayne postoffieo. The writer was James A. Drake, and the clerk was the brother for whom the writer was inquiring. Sirs. Cobb, of Yonkers, was informed of the existence of the long-lost brother in New Orleans, and she immediately wrote to him. Yesterday she received u reply informing her that he is desirous to meet his relatives, from whom he has been separated such a long time. He will come North this sum the r and enjoy a happy family reunion. Mysterious Outrage at Detroit. Detroit, Mich, June 3.—A mysterious outrage was brought to light in this city this morning. A married woman, Laura Schultz, was found on Vine wood avo nue. just outside the western limits of the city, in her night clothes, with her throat cut and insensible. The appearances at her home, indicate that she was attacked in bed. her sleeping baby being covered with blood, and that, she was earried thence and left in the vacant lot to die. .Still it may be a ease of attempted suicide. She is still alivo. bub iu no condition to give any account of the Transaction. Her husband was arrested. on suspicion, but was .subsequently released. President Kiddie Make* Oath to lii* Stateme ut. Pittsburg. Pa.. June 3.—President Riddle, of the Penn Bank, has made affidavit before a notary that the averments contained iu his statement published yesterday are each and every one unie. This afternoon he made an assignment to George B. Gordon, of all his estate, real, personal and mixed, for the benefit of the creditors of the Penn Bank. International Typographical Union. New Orleans, June 3.—The International Typographical Union in convention here elected Martin R. H. Witter, of St. Louis, president. Tills light of investigation has irradiated many things that have long been shrouded in doubt and darkness. Medical science has shown that rheumatism and neuralgia are due to an impure con dition of the blood. Athlophoro.s, the great specific for those dreadful maladies, operates upon the blood, muscles and joints, dissolves the acids that cause disease, and by driving them from the system brings relief to the sufferer. H. S. Chandler, of the New Y'ork Independent, was cured of rheumatism of two years' standing. OUR SHOW WINDOW Will Fay Y oil to Stop a Moment. We shall be glad to have you “drop in.” We have the Better Class of New Books as Soon as Ready. BOWEN, STEWART & CO., No. 18 W. Washington St. SPRING Is tho season in which bail or poisoned blood is most apt to show itself. Nature, at, this juncture, needs something to assist it iu throwing off the impurities which have collected by tho sluggish circulation of blood during the cold winter months. Swift's .Specific 8 nature's great helper, as it is a purely vegetable alterative and tonic. Rev. L. B. Paine. Macon. Ga., writes: We have been using Swift’s Specific at tho Orphans' ILuno us u remedy for blood complaints, aud as a general health tonic, ami have luul remarkable results from its use on the children iflul employes of the institution. It is such an excellent tonic, and keeps the blood *o pure that t-he system is less liable to disease. It has cured some of our chilkreu of Scrofula. W. 11. Gilbert, druggist. Albany, (la., writes: We are selling largo quantities of Swift s Specific for a spring alterative and general health tonic, and with the best results. It is now largely used as n preventive and cure For Malaria. There are many re mar k* able evidences of its merit in this section. Our treatise on Blood ami Skin Diseases mailed free to applicants THE SWIFT SPECIF re CO.. Drawer 3, Atlanta, Ga. New York office. 159 West Twenty-third street, between Sixth and Seveuth avoumw.

It is a fact that remedies almost without number, already contest the claim to cure all tho ilia that afflict suffering humanity. Thousand* have found them powerless to work a cure for them. No diseases have so baffled all attempts at permanent relief as have Rheumatism and Neural* gia A long succession of disappointments has made their agonized victims despair of the possibility of cuto. For centuries they have been considered be. yCKDd the power of medical skill to cure. Aral yet we say Loth can be cured, and that Athlophobos will do tho business. The best proof that it can do it w that it has done it. CytiSlfr Rev, S. R. Dennen, D.8., pastor Third Congregational Church. New Haven, Conn. Rheumatism had kept him from tho pulpit four or five months at a time. He says he had suffered all that one could, and live. He took his first dose of Atunopaoitos on Friday : Sunday he was in his pulpit; Monday lie was well, and hue remained so since. Rev. William I*. Corbit, 1).D., pastor George St. M. E. < 'hurcb. New Haven, Conn., was laid up for two months with Inflammatory Rheumatism, suffering most excruciating torture. ATHi.Ornouog cured him, and he believes it to be infallible. 11. S. Chandler, of the N. Y. “Independent,” says ATHi-orEtonos cured him of Rheumatism from which he had suffered for a year and a half. Rev. W. B. Evans, Washington, I). C., says; “I consider its work almost in the light of a miracle. It is a most wonderful medicine. It ought to be spread throughout tho land.” The great question is, Will it rare Mir ? We believe it will. Is it worth try ing ? You must decide. If you cannot get Athlophokos of your druggist, we will eend it express raid, on receipt of regular price—one dollar per bottle. Wo prefer that you buy it from your druggist, but if he hasn't it, do not bo versuaded ; to try something ei.se, but order at once from us as directed. ATHLCPHOaGS CO., 112 WfllL ST., HiW TOOK. OSt*®? S?*a Fortifv the system. \ 1 t I § $9 Ute AH ■ a W' euoed and witnessed and effects ajn absolute af*' and permanent euro. jjNgf For sale by all drug* fcbsfcS j| || gists and dealers geu* •'Will the coming man smoke ?” was settled by Prof. Fisk in his charming pamphlet. He says, moreover, that tho rational way to use tobacco is through tho pipe. All agree that only the best tobacco should be used. Which is tho best? That to which Nature has contributed tho most exquisite flavors. Blackwell’s Bull Durham ; Smoking Tobacco tills the bill completely. 1 Nearly two-thirds of all tho tobacco grown on the Golden Tobacco belt of North Carolina goes into the manufactory of Blackwell, at Durham. Thoy buy the pick of ■ tho entiro section. Hence . ui i Blackwell’s Bull Durham best of that tobacco. Don’t be deceived when you buy.

BUSINESS DIRECTORY INDIANAPOLIS. ABSTRACTS OF TITLES. ELLIOTT & BUTLER, NO. 3 .ETNA, BUILDING. PATENT SOLICITORS. C. BRADFORD, ; PATENI’sT Office, rooms 16 and 18 Hubbard block, corner Washington and Meridian streets, Indianapolis, Lid. MISCELLANEOUS. KNEFLER & BERRYHILL, • Attorneys-af-Ijaw, No. 30 North Delaware Street. ERCULES POWDER. THE SAFEST A NT) strongest powder in the world. Powder, Caps, Fuse, and all the tools for Blast ing Stumps kjept by D. H. JENNK, Sole Agent. 29 South'l‘eunsylvania street. Indianapolis Oil Tank Lins Cos., DEALERS IN PETROLEUM PRODUCTS. Corner Pine and Lord Streets. niUttT W. B. BARRY r DA It U- SAW manufactured 132 and 134 So.ntb Pennsylvania Street. Smith’s Chemical Dye-Works, No. 3 Martindalo’s Block, near Post-office. Clean, dye and repair gentlemen's clothing, also, ladies' dresses, shawls, sacques. and silk and woolen goods of every description, dyed and refinished; kid glove# neatly cleaned at li> pqnts per pair. Will do ipor* first-cla *9 work for I*;ss money than any bouse of she kind iu tho Stale. JOHN li. SMITH. NOTICE. Toßiteiltiiniclon Sealed proposals will 'oc received bv the EAGLE COTTON MILLS COMPANY, Madison. Ind. until T o'clock p. in., on MONDAY, June 16, 1884,. For I lie election and completion of a four tm-y cotton mill. 217 feet long by 72 feet wide, id Madism, lnd. Said mill tube built according to (b<* plans and specifications to be seen at tho M. A; M. club-moms at Madison, lnd.. on and after May 31. 1881. Each bid must contain the names of *■ -ery per-on iniested in tho same, and be accompanied by a guaranty of two or move disinterested persons that if tin: bid hi* accepted a contract will bo entered into, with bond fop the faithful performance thereof. in .-nmcimifc penalty. The Board reserves the right to reject anv or all bbls. Envelope should be marked Hid for < ' ■>; <>a Mill” on the outside. O. M. HARPER, Preb’l. C. A. KORBLY, Secretary.

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