Indianapolis Journal, Indianapolis, Marion County, 3 April 1889 — Page 5

THE INDIANAPOLIS JOURNAL, WEDNESDAY, APRIL 3, 1889

5

Var in their irregularity, is what causes alarm to those who havo the best interests of tho State at heart and desire to eeo its Constitution olwved. The meaning "occasional." as applied to the word "casual." is a secondary and derivative one, tho primary and chief meaning being "happening rithout design," "unforeseen," "unexpected." In their ordinary use the -words casual' and "occasional havo .entirely different meanings, the word "casual" having reference to fortuitous, disconnected vents happening by chance and unexpectedly, while the word "occasional" has reference to events happening also by chance and without intention, but not wholly without expectation, ami at uncertain and irregular periods of time. If we were to undertake to sustain tho loan act on tho ground that deficits in the revenue in Indiana are only occasional and irregular in their happening, the history of our State for the last six or eight years rould unfortunately rrovo the position tinfound in fact. Deficits in the revenue of the State, occasioned by excessive appropriations, far beyond any expected or anticipated revenue to be derived from taxation, have unfortunately become the rule rather than the exception, and what makes this matter more alarming is that the Legislature of the State of Indiana purposely and without premeditation hasentered upon the courso of accumulating Mate debt by borrowing money to pay these excessive appropriations in lieu of providing for their payment by taxation, &s required by the Constitution. In our opinion we have, as by law we aro required to do, taken the ordinary, plain, ti.su a 1 meaning of the word "casual" as our guide, and assert that that word, in its ordinary, plain, Usually accepted meaning, has reference to events which happen or take place through "chance" as distinguished from "intention." We do not think it can be used with reference to events that are foreordained and predetermined and fixed by the Legislature to occur from time to time in the future. We believe that our interpretation is the ono which would be placed upon these words by the unanimous sentiment of any body rf men collected for tho purpose of providing a Constitution and legislating for a community. As to the power of tho Legislature to decide absolutely as to the existence of a casual deficit: The 9 great, if not tho principal, object for which the constitutional convention of 1850-1S51 wag called, as is abundantly shown by the printed debates, was to prevent - in tntnre

swas then suffering from an immense debt contracted under the internal improve ment system adopted by legislatures under the old Constitution, which placed no refitriction upon the amount of State debt that might be contracted. 31anv members of that convention spoke of this "general cry against tho power of the Legislature to contract a State debt,77 and used other sim ilar expressions. The debates show that the great question of the convention was not whether the Legislature should be prohibited from contracting by its own act a State debt, out whether the Constitution should or should not authorize the people, bv popular vote, to authorize and instruct the Legislature to make State loans for speeitic purposes, or to create debt lor anv purpose, it was Mated in tho convention that the people of Indiana desired to tie not only the hands of the Legislature, but also to tie their own hands in respect to contracting a State debt. In face of this fact, is it probable that the Constitution intended to givo the Legislature power to decide what was a the Legislature was. bv the Constitution. Riven power to create Stato debt without the slightest limitation, ard its powers in a. i a. j !i. I i ms respecr, instead ox ueing umueu. were left exactly as if no constitutional prohibition had been made in regard to the contraction of State indebtedness. We are not prepared to believe that the fraincrs of the Constitution had any such intention. .They doubtless intended, as they say in Xneir address, to so provide in the consti tution that the disasters caused by the State bankruptcy and disgrace of lis? ould not re repeated. Did they finally . 'e the Constitution in such shape that ti Legis lature may repeat the unfortunate expec i on, nr. t ficuco oi iooi hb buuw, in our opinion, that what the framers of the Constitution actually intended to do, and thought they had done, was to restrict the power of tho Legislature to contract debt to the single purpose, namely, "to meet casual dencts in U -- n il n i A ik C A A irlllllO IU yJ I lit! llllt'lCSb Ull UlUOlclIO debt," and this plain intention of the convention was in some way subverted by a change of punctuation in the Constitution a subsequently printed. Hut we base our opinion on the clause as it now stands. Is a deficit which is intentionally created year by year and session by session of the egisiaiure an occasional uenciw it A J A seems to us tnat it comes nearer to a regularly recurring irregularity. If "casual" means "occasional" in tho Benso in which it is used in your editorial, and the Legislature has absolute power to decide when the occasion arises, or wnctner it has arisen, would the mean ing not be much clearer if the word "casual" were left out entirelvT Or. to out it dirterently, would not the Journal by its construction read the word "casual" out of the Constitution, and give the Legislature . power to create deficits' to any amount and meet tuem by borrowing, using its discretion as to whether the deficit was cansual or not, in the flense in which that word is used in the Mate Constitution! Or. to nut it still dif ferently, would not the construction placed by the Journal on the word "casual" read out of the Constitution the clause which lias hitherto been supposed to impose some limitation on tho power of the Legislature with regard to contracting a State debt? The proposition that bonds issued by the State are mercantile paper, and that all facts necessary to make them legal will be conclusively presumed acainst the State. and that, therefore, thev would be valid and binding obligations of the State in the hands of an innocent purchaser, whether insued with or without constitutional autnoniv, nas long since been tnorougniy exploded. A State bond, or the bond of anv lesser municipality, issued without power and m violation of tho Constitution, is absolutely void, and can derive no more protection trom the doctrine of mercantile Taper thau could a forged note or bill of exchange. A holder of municinal bonds. whether issued by a State or some lesser - 1 J A. t.l. J. muriicipaiiiy, do ue never so innocent, is iicftl by the law at his peril to know that tno bonds no purchases are lawfully issued. under constitutional authority. There is no difference between State "bonds and bonds of lesser municipalities. Tho Stato does not issue the bonds if the Legislature xvas prohibited by the Constitution from issuing bonds in behalf of the State for tho purpose for which such bonds purport to be issued. The signing and delivering of bonds unsupported bv tho Constitution. and issued in violation of it by tho officers of State, give such bonds no validity whatever. The Stato is no more bound to nav cuch bonds than a man is bound to p:ty paper to which his signature is forged. In both cases the paper is absolutely void and can draw no support from the doctrines and decisions touch i Lie mercantile naner. The patent fact that the Legislatures of lnmana, tor several sessions last convened, have deliberately and intentionally made appropriations far in excess of tho known or anticipated revenue of tho State derived from taxation, purposely and premeditatedly intending to meet the deficits in revenue tlms created bv resorting to the creation of State debt in lieu of increasing the revenues bv increasing the tax lew. makes this question ono of excecdinir Grav ity and interest to every citizen and property-holder of the State of Indiana. Unless the. prohibition of tho Constitution is enforced, it is plain that the result will sooner or lafer inevitably bo a repetition of tne disaster 01 in. This is not a question of party politics. ji is simmy a question ot law ana obedience to tne plain requirement of the Con stitution, not only as expressed in its let ter, but as clearly manifested by the expressed intention of those who framed it. The fact that our State and its otticers will be seriously embarrassed by a return to ilA(lfAiA : ... a". a i . UUI UICUID IU IUU yUU3lllUU"U ill IUI3 i ecard certainly has nothing whatever to do with the decision of the question of law presented. As a question of policy, it would doubtless be better to face tho sit uation now and remedy tho mischief that has been rapidlv creeping upon the State. rather than put oft" the evil day by increas ing tne burden of tho State debt. John M. Uutlkk. IsDiAJuroLis, April 2. i a 1 Important Committee Meetings. . Two important Council committee meet ings will be held Friday evening. One, in which citizens will participate, will con sider the framing of an ordinance giving the Citizens' Street-railroad Company the right to build an electric lino on Illinois street, and the other will attempt to agree upon an ordinance establishing a city 1 - .1 TI-. Ill MNUUU1 UCitU

IIE ASKS FOR A COMMISSION

Carson's Election as a Trustee of the In sane Hospital as It Looks to LawyersMr. Grifiin Says Certain Steps Hust Be Fol lowed Before aLawIs Perfect Arguments of tie Attorney-General and Others. Tho argument before the Supremo Court in the case of Joseph L. Carson against Governor Hovey, to require him to issue to plaintiff a commission as one of the trustees for the Indiana Hospital for tho Insane, began yesterday forenoon. After tho judges took their places upon the bench Chiefjustice Elliott announced that two and a half hours would bo allowed to each side. Tho argument of tho defense was opened by Charles F. Grifiin, Secretary of State. who proceeded to discuss the question of the constitutional section relating to the authentication of thfc passage of bills. He (aid that the frauiers of the State Constitution have provided in the enactment of laws certain safeguards; that they have prescribed certain steps which must be strictly followed in order that a bill must be clothed with tho sanctity of law. It must not bo supposed that any one of these modes prescribed is purpDscless and meaningless. Especially when it is remembered that these laws are for tho government of two millions of people, affecting the rights of property, life and liberty, they rise above legal technicalities and quibbles. Mr. Griffin described in detail the mode of proceedure, beginning with the introduction of a bill, its passage through tho House and then through tho Senate, the sending of the bill, signed by tbo Speaker of tho House and President of tho Senate, to the Governor, his veto and its return to the House, together with tho subsequent proceedings, which he held to be necessary under tho Constitution to mako the act a law. He said every ono of these stages. from first to last, was mandatorv. and that the limits, responsibilities and modes of authentication aro absolutely hxed. As to the duty of the Lieutenant-governor and the Speaker of the House." ho contin ued, "what more natural than that tho framers of the Constitution should require that the next otlicer to the Governor.itho Lieutenant-governor, elected by the people, who is responsible to the neoole. who has taken an oath to support tlie Con- - aIa-.a? 1 a, .t suiuuou, ana mo omcer next in rank, who is tho Speaker of the House of Kepresentatives, should sign these bills. It will hardly be contended that a bill that was to become a law without the approval of the Governor should bo enacted with fewer safeguards and less protection than one which was to become a law with the approval of the Governor." He argued that a vetoed bill stands as though it had never been passed, and when it came up again for action the signatures were no longer authenticative, Imt had fallen with the veto, and that at the subsequent action it must be again certitied to as it was in the original. It would be argued bv counsel on tho other side that the presiding otlicers of tho two houses are presumed to have adopted their former signatures, but this admission would indicate that some authentication of tho subsequent action was necessary. "And if a presiding otlicer," ho further said, "may adopt his signature, why may not tho General Assembly adopt tno Vote under which it orig'nallj passed? Why not strike down all constitutional mandate and form and adopt the old vote, not bvveas and nays, but viva voice, and let the bill be passed! 1 submit if any of these proposi tions is to be held good, and if one may be w aived aside,then all may be waived aside, and if one may not be waived aside, then none may be; lor all are equally important. Tho veto not oulv destroys the life and validity of tlie bill, but the signatures which were-the authentication of the life and eflect of that passage, and tho only evidence to the court is the signatures of the presiding officers. If necessary to give this evidence in the hrst passage, how much more necessary in the second pass age." Mr. Griihn maintained in tho case of theso vetoed bills, it was the second pass age that was effective, and unless the necI essary constitutional steps wero complied with, tben tbe bill was not and could not be a law. "It is to be made a law," said ho, "in defiance of the Governor's objection, and if necessary and mandatory upon the first passage, how much more necessary under the second passage, when it is to . become a law uuder such objectionablo circumstances. Grant that this is a law, where is this court to go to ascertain that it is a law! Nowhere but to the face of tho bill itself. If it does not show on its face that the constitutional mandates have been complied with then the court cannot go elsewhere." He stated that on the bill tho Secretary of tho Senate and the Clerk of the Houso had certified that it had passed on a certain date. "That statement of the Secretary and Clerk," nsked Judge Olds, "does that carry with it if unauthorized to be made at all, even the information that it is a vetoed bill?" "I think not." replied Mr. Griffin. "Then," interrupted Judge Mitchell, "all the court can know is that it is a bill with the names of the proper otlicers eigned to it. I understand from the authority you, read to us that the court cannot iook at tne journals, ana cannot tell what intermediate steps have been taken." "If the court comes to that," said Mr. Gnthn. "there is no siguaturo of tho Governor and it is not a law, that is the other horn of the dilemma." Mr. Griffin gave as a curious fact that only nine hills, from the adoption of the Constitution, in 1851, up to the last General Assembly, have become laws over the Governor's veto, while lately, in the short space of less than one month, eleven bills have been passed over the veto of tho Governor and are alleged to havo become laws. John T. Hayes, of Sullivan, one of Mr. Carson's attorne3s, followed Mr. Griffin. "What is before this courtf" ho began. "This is a proceeding on the part of Joseph Li. Carson to requiro the Governor to issue to him a certihcato or commission as one of the trustees for tho Indiana Hos pital for the Insane. The Governor makes answer to that requirement that the law under which the petitioner claims his right is void for three reasons: First, it was not returned to him after his veto, and was not by him deposited with the Secretary of State; second, there is no legal evidence of either house of tho General Ascemblv having passed it over his veto; and third, tnat tne law is unconstitu tional and void for tho reason that it seeks to vest the power to appoint a Stato officer in the General Assembly instead of in the executive branch of tho government. "How can this court know that this bill was ever vetoed!" said tho lawyer. "W hen this court finds a bill au thenticated by the speakers of the two houses, and on lilo in the office of the Secretary of State, it will not search much further. iNow tne question that is decided in the Thirtieth Indiana Keports comes in. Mr. Brown brought a proceeding to man date the Auditor to require him to issue a warrant, and the Auditor refused, because the bill that made the allowance was not a law. Tho Auditor set up a state of facts like this: That a certain number of mem bers of one house had tiled their resigna tions, and there were not enough members in that houso to constitutionally pass a bill: that so many members had tiled their resignations with the Governor that the number necessary to constitute a quorum were not to be found. Tho Su preme Court answered that it found that bill in the oihee of the Secretary of State. that it contains tho signatures of tho pre siding officers, and that therefore they would not proceed further in their inonirv. The statement they made as to tho uncer tainty of the journal does not matter, lhat was outside of what was necessary to de cide a case, and outside of what was au thoritatively stated. For that reason that inquiry cannot be made, but when each presiding officer of tho house has placed liis name there tho Constitution has said the bill is sealed, and no court will go back of that. "The gentleman gets his doctrine of re consideration from Cnshiug, while the question before this court' is to be taken out of the Constitution of .the State of In diana. The question when a bill comes bad: with tho Governor' veto is not, shall

tho Governor's objection be sustained, but shall this bill, as it was signed and sealed by the officers of these two houses, remain T t 1 1 1

signeu anu seaicu in tins iorm ircver. I plant this case upon the proposition that the Constitution requires the House to keep a journal and will not permit that which it says to be gainsaid; that the journal discloses to this court tne fact to be that subsequent to the time the Sileaker'8 seal and the seal of the President ot the Senate were placed thereon the bills were returned from tho Governor and these vetoes were shown oil tho journal. This court vill presume that the Governor complied wjtii tho Constitution, and that each house has complied with its constitutional i vi a xi.A ; 1 1 auiy. xx mere are any ooieciions iuey v m be found upon the journals. If found thero the inquiry ends there. If they passed in spite of the Governor's veto then they shall be laws. 'Which obiections shall be en tered at large upon the journals,' sa3rs the Constitution.- This bill r submit has gone through and fuliillcd every requirement of the Constitution; it has passed the ordeal of A A A constitutional requirement." Attorney-general Michener next spoke for the Governor's side of the case, his branch of the subject being "The constitutional provisions." His argument was forcible and thorough, though he was somewhat hurried in his delivery on account of his limited time, he having in his courtesy to the other speakers, deprived himself of several minutes he had counted upon. "We submit," he began, "that the General Assembly has not the power, in the absence of an express provision, to create an office and then till it by election or appointment. Mr. Carson's counsel will contend that Sec tion 113, Article 2, is such an express provision: A11 elections by the people shall be by ballot, and all elections by the General Assembly or by either branch thereof shall be viva voce.' This section does nothing more than prescribe how the act of electing shall be done. Tho most that can be said of it is that it assumes that the right of election is provided elsewhere in , the 1 A ? A A " ... 11 l! 4 t A 1 Vyoiisuuiuun. in oeciion l oi me same article, and in Articles 4. 5, 0, 7 the right of electing. generally is expressly conferred upon the people, lly Section 10, Article 5, the power to choose its own officers is given to each house. Section SO, Article 4, does not expressly provide any right; it does not grant any power; it does not contain any permissivo or granting language. On the contrary, it is a negative section from beginning to end, and denies certain rights without giving one. This brinsis us to Section 18, Article 5. as follows: hen during tho recess of the General Assembly a vacancy shall happen in any office, the appointment to which is vested in the General Assembly, or when at any time a vacancy shall have occurred in any other State office or in the office of indgo of any court, tho Governor shall fill such vacancy b- appointments. which shall expire when a successor shall have been elected and qualified.' "It is contended by counsel for lr. Car son that the words, 'the appointment to which is vested in the General Assembly amount 'to an express provision giving to the Legislature the power o crcato and till offices. The language used cannot have the granting power which is claimed for it, for there are no granting or conveying words in the clauses quoted. 1 he language used recognizes the fact that there are offices, the till ing of which is vested in the General As sembly. Lach house by express provision in our Constitution 'shall chose its own officers., The language is express; nothing Is left to construction. There are in all but four instances in which the power to till offices by the General Assembly is expressly provided for, namely, the officers of each house, tho Governor and Lieutenant-gov ernor, in case of a tie vote, and a Senator of the United States. It will be noticed that tho imperative 'shall' is used in tho sections vesting the powpr to nil omces in the General Assembly. "It is not a direction only, but it is an express demand. Nothing is left to inference. 1 he people left nothing to doubt or uncertainty, but granted the power in terms which cannot be ouestioned. The 'expressly provided' stands out conspicuously in every one of the granting clauses, directions in pjain and unambiguous languago, and the use of such must be held to ex clude evcr3rthing which is not embraced; within its terms just as plainly and posi tively as though a negative had been used in each instance. "lint it is claimed on behalf of Mr. Car son that Section JX), Article 4. and Sec U'u 2, Articlo 15, recognize the power ol'tue General Assembly to create offices, lhe languago stops half-way m this, that it does' not also give the power to till the office after it is created. Why stop with thef grant (ii it is a grain) oi tne power to create an office? Obviously, because the pco-'. pie did not intend that the Legislature should have the additional power of filling tho office, but thev evidently intended and understood that the power to fill tho ofiice so created should be in them, or their chosen executive or administrative otlicers. Tho granting of power to build a house does not carry with it the power to occupy it or to name the tenaut. Hut it is contended by Mr. Carson's counselthat Section 1. Article 15, gives to the Legislature plenary power m the premises. That section reads: A11 officers whose appointments aro not otherwise provided for in this Constitution shall be chosen in such manner as now is or hereafter may bo prescribed by law Now it is the manner of choice only which the General Assembly prescribes and the manner must be fixed by law. When the Legislature enacts a law'its power has exhausted itself, except to modify or repeal it. After the law is enacted the execution of it is intrusted elsewhere. To permit tho officers who make the laws to execute or administer them, except where the right to do so is expressly provided, is to hold that Article Sis meaningless and inoperative. Thero are forty-six acts which recognize the right of the General Assembly to 'pre scribe by law' that tho executive and ad ministrative departments shall make ap pointments. "We insist." maintained the Attorney. general, "that the people, in tho adoption of the Constitution of 1851. did not intend that the General Assembly should elect or appoint the State officers, or any of them, except in the case of a tie vote of the peo ple, and then they can only elect one of those whom tho people, by mere chance, failed to elect. The great Curse of the Con stitution of 1816 lay in the fact that the people chose very few of their officers. The people grew to despise the old system, and determined to uproot it. So determined were they that in adopting the schedule to the Constitution they only continued in office under the now Constitution those officers who had been elected by popular vote under the old one. JVlr. Jlolman correctly represented tho people of the Stato when ho said in tho constitutional conven tion: 'It will be recollected that we do not intend to confer upon the Legislature tho power of appointing. There may possibly be two or three offices the appointment to which will be vested in the Legislature (Debates Ind. Const. Con.. Vol. 2. p. 12iS.) After quoting extensively from Governor Hovey's Yeto messages, Mr. Michener, in concluding, said that the consequences the Governor predicted would surely follow. James E. McCullough, who was also of counsel for Mr. Carson, said ho would not read a great deal, from tho statutes, and first proceeded to discuss some of the propositions of Mr. Griffin, and hold ing that the journal records were all suffi cient, and the only authority for the court. he said that if there was a word that everybody understood, even tho merest school-boy, it was the word "passed." "l he bill has passed the House7 repeated .Mr. McCullough, laying great emphasis upon the word passed, "and so when the framers of the Constitution used the word passed. they knew its meaning." Ho continued that it was not a question whether a presiding officer had put his name on the vetoed bill or not. liie bill had passed' he continued, quoting from tho Constitution, "every bill which shall have passed tho General Assemby shall be presented to the Governor; if he approve he shall sign it but if he shall not approve he shall return it, etc.".. "The contention of the attorney." said Mr. McCullough. "who discussed this questiou, is that until it is signed by these officers it has not passed. If it must receive the signatures of the presiding officers again, that not being left to implication, why, then, shall it not go again to the Governor, then again go back to tho Houso with another veto? This circuit has to be stopped somewhere. Tho only evidence that tho bill was vetoed is upon tho journals. It is thero you find whether the bill passed or whether it was vetoed, and whether it was passed over tho veto of the Governor." i Mr. McCollough then passed to a consideration of the argument of tho Attorneygeneral, in which he held, that tho Legis lature not only had a right to create offices. but to lill them, and that the very office of trustee of tho Hospital lor tbe Insane had, with tho execution of a verv few vears. always been tilled by election by the Legislature. He tiled with the court a brief embodyiug his points and citations. This con cluded tho argument, and the court rose.

MINOR CITY JIATTERS. To-Day' Iloings.

CrciZEXS MEETING AS TO O. A. R. EN CAMPMENT Court-house, evening. FREE-GaVS MEETING Criminal Court room. Court-house, evening. PKOPGARSIDE ON 'TniLOSOriTY OP SO CIALISM" Plymouth Church, evening. HOME MISSIONARY SOCIETY-Roberta Park Church, morning and afternoon. ENGLISH'S OPERA-IIOUSE-Daniel Sully as Daddy Nolan," afternoon; "Corner Grocery, evening. PARK THEATER James II. Wallick in "The Cattle King,' afternoou and evening. BATTLE OF ATLANTA, CYCLORAMA MarKet street, between Illinois and Tennessee. EDEN MUSEE Wax figures and curiosities, aft- A emoon ana evening. Local News Notes. The Countv Commissioners have appoint ed Joseph F. Flack as ditch commissioner. Meat Inspector Fohl yesterday killed an other cancer-jawed steer at the stock yards. Marriaire licenses were issued yesterday to Richard M. Ilerriott and Ella Behmer, Willis 11. Kolp and Lillio D. Hollingsworth. Hattio Mnndav. a natient at tho Citv Hospital. ,died vesterdav from chronic rheumatism. Her home was in Spencer, Uweu county. Michael Calalian. 202 "Walnut street, had his right foot badly crushed while handlinc freight at the Rig Four treight depot yesitruay morning, ue was taiveii nome in Flanner &. Buchanan's amdulance. Building permits were procured yesterday bv Mrs. J. 1. Fisher, for a frame cottase. 45 North Californi street, $800: Joshua E. Jrlorer, frame dwelling, C4 ISorth Arsenal avenue, $1,800; Peter Flemmin, repairs, 4TG East ueorcia street. n0: M. Kmc. frame cot tage, Tenth, street, near Central avenue, $ouo. Articles of incorporation were filed with tho Secretary of State, yesterday, for the Standard ManufacturingConipany, of Indianapolis: capital stock, $.",000. Incorporators, l)wi eh tw. Williamson, Jonn F. Mains. Joshua Zimmerman. Also, tho Alabamastreet Building Association, of Indianapolis. Capital stock, 500,000. Personal and Society. Mrs. J. S. Jenckea will eo to Boston shortly after Easter to spend a fortnight or three weeks. Miss Martina Grubbs. of Harrodsburg. iy., is visiting nss Mary oto wen, onisortn Illinois street. a -m m ft a . Mr. IIenrySchwabacher, of Peoria, and Mr. Einstein, of Philadelphia, are quests of Mrs. A. feehg. Mrs. M. C. Jacobs has returned to tho city after three weeks' absence in Chicago anil Cincinnati. Mr. Arnim Keeker, of the Cincinnati Collego ot Music, is spending a few days in the city with relatives. Mrs. Frank Elder, of Kichmond, is exSected to-dav to visit her parents, Mr. and Irs. W. D. Wiles, on North Illinois street. Miss Ida Gcmpp, of St. Louis, is the cuestof Mrs. Muhl. on INorth Illinois street; and will remain two or three weeks. The Whist Club was entertained last evening by Mr. and Mrs. William Daggett, at their nome on iNortn JSew Jersey street. Miss Mand Clay, who was a pupil last vear at the Classical School, is the guest of Miss Olive Uaston, on .North lew Jersey street. Mrs. Wm. Caldwell, who has been spend ing the winter with her parents, Mr. and Mrs. David Braden, will return to Chicago to-day. Miss Jeanne Noble, eldest daughter of Mr. and Mrs. Winston Noble, formerly of this city, was married on Sunday, at Alton, Hi., to air. W enie, or tne same place. Thero will bo no meeting of the Matinee Musicale this afternoon, owing to the funer al of Mr. W. P. JJingham, his wifo being a prominent associate member of that society. Mai. Clifton Comly will leave this morn ing for his new post at Columbia. Tenn. Mrs. Comly and fam ily have received permission to reremain at the arsenal residence until tho 1st of July, a fact which her many friends here will oo glad to know. .'Arrangements are being made for a fare well dinner to be given in this city on the flth inst. to ex-Governor Porter. John C. New. J. N. Huston. John I. Dille and others, whoso political appointments will remove them from the State during the next four years. Miss Ella Behmer, of Logansport, and R. M. Herriott, of this city, were married last evening it tne residence of W. 11. Lieed3r, on East Merrill street, Kev. Dr. Ford officiating. The bridal couple will bo at homo to their friends at their residence, No. 17 Ketcham street, on and alter April 4. "Dr. and Mrs. Henry Jameson entertained yesterday a few friends very delightfully. especialy so because it was informal. Nearly all the guests were musical and each one seemed ready without rehearsal for songs and instrumental solos. There were present Dr. and Mrs. H. G. Carey, Mr. and Mrs. David Wallace, Mr. and Mrs. John S. Duncan, Mr. and Mrs. Lowe Carey, Miss Clay, Miss Annie Wilcox, Miss Agnes Duncan, Miss Daisy Lemon, Messrs. Armin and Gustave Recker, Mr. Ed Seguin and Mr. Alec Jameson. It was very pleasant to meet there Mrs. Zelda Seguin Wallace, who will be an acquisition to Indianapolis society. MUSICAL RECITAL. There were about four hundred musicians and music-lovers gathered yesterday afternoon at the piano rooms of D. H. Baldwin, to listen to a programme of choice selections. Each number or group as given was greatly appreciated. Miss Adele Wallick was tho vocalist for the occasion, and surpassed her best efforts heretofore. She has a sweet, strong voice, well cultivated, and her songs were given with an artistic finish delightful to listen to. The exquisite song, "My Lady's Bower," by Hope Temple. was even more Baby Small." were also admirably given. Mr. Armin Recker, the violoncellist of the Cincinnati College of Music, has won a permanent position among Indianapolis musicians for his fine technique and intelligent interpretation of the classic masters. He played one solo, by Klengel, in which he was accompauied by Miss Hunter, and in a duet, Beethoven's sonata op. 5. No. 2, with Mrs. Hunter. The other numbers were two duets, by Mrs. and Miss Hunter, for two pianos. Saint-Saens's "Minuet and Gavotte," and "Duo Symphonique," by Theodore Lock. Both mother and daughter are talented musicians, and their excellent piano-playing is too well known by musicians to need further praise here. The wholo programme was artistically given. Around the World. Maj. W. P. Gould delivered a second lecture on his recollections of a trip around the world to an audience that was well pleased, at Christ Church chapel, last evening. Taking up the story at Naples, where ho left oil at tho close of his preceding lecture, he gave an admirable description of his observations, includiug Pompeii and Herculaneum, Switzerland- Germany, Norway, "tho land of the midnight sun," Russia, France, England, and thence home to New York, finishing a journey around the globo without any detentions or inconveniences other than thoso experienced in ordinary travel. An Afflicted Fireman. Jacob Reuben, of Hoy t avenue, who has been confined to his home on account of the injuries ho received at the Dorsey fire, yesterday lost a child by diphtheria and has another lying at the point of death with the same disease. The Z.ixttrd and the Morning Glory, That's what it looks like the design on Paul 11. Krauss's invitation to attend his opening on Thursday next. It is neat, unique and all that, but everybody expects such things of Paul Krauss. lie invitei the public to inspect hisbeautiful rooms on Thursday, tilled with everything novel and desirable in the line of gentlemen's furnishings. His new place is Nos. 44 and 46 East Washington street. Exctirslon Ticket to yew York City Will be sold at low round-trip rates via the Pennsylvania lines, for the centennial celobration of the inauguration of George Washington, to be held on April and U), For full information apply to H. It. Disking. Assistant General Passenger Agent, corner . Washington and Illinois streets, Indian- - apolis.

beautiful as sung by ner, and the croup "Were I a Bird," "Withered Hose," "Thou Fairest Vision of Mv Soul." and "Only a

It Costs Less

On the question of real economy Hood's Par sapanlla is so far ahead of other preparations as to place them entirely out of tho race as competitors. Here are facts in regard to this popular medicine, easily susceptible of conclusive proof: 1. Hood's SarsapariUa Costs the Manufacturer More than any other competing preparation, because it is more highly concentrated and .contains more real medicinal valvue. 2. It Costs the Jobber More, as a consequence of the fact just stated. 3. It Costs the Retail Drmrslst More, for the same reason as can easily be learned by inquiry. Hence the aesi re of some retailers to sell their own preparations, which costs hein less, and for which they get the same rce, thus making more money. Bat

Hood's Sarsaparilla

Bold by all druggists. $1; six for $5. Prepared only by C. I. HOOD & CO., Lowell, Mass. 100 Dopgs One Dollar. A Sign of the Times. No better compliment was ever paid to the city of Indianapolis by one of America's leading business men, and no one thing goes further to show the estimation in which the city is held by the leading merchants of the country as a business center, than the fact that Alexander Xicoll has gone to the expense of reconstructing tho front of his stores, at S3 and : South Illinois street, and in place of the old double front, the passers-by stop to gaze upon a show-window which is a marvel of plate and bevel glass, with gold and nicklo trimmings No finer or more artistic front is to be sern in the United States. When we take into consideration tho fact that this has been done by the enterprising hrm of NicolLThe Tailor, who has been engaged in the merchant tailoring business m Indianapolis for twelve years, the fact speaks for itself. Very few men," the old adage Kays, 'succeed in making a fortune alter forty years old." Alexander Nicoll proved one of the very great exceptions. Born in London, Kngland, in 1S20, he came to this country and opened a email business, at the age of lifty years, at 143 Bowery, in Now York city. His capital consisted of a large family, lots of pluck, a capital of &J00 (three hundred dollars), and a thorough knowledge of merchant tailoring in all its branches. He meant to succeed. He did succeed, even beyond his most sanguine expectations. From the little store on tho Bowery his business started and took adjoining store alter store, until he occupied the whole block. Then branches were started on' Broadway, Fifth avenue, etc., etc., nntil he had eleven stores in the city of New York alone. Not content with New York city, ho flushed over into Brooklyn, Albany, Bulfao. etc., etc.; then on to Boston, . Mass.; Washington, D. C; Philadelphia, Pa.; Cincinnati, O.; Indianapolis, Ind.; Chicago. HI.; St. Louis, Mo.; Omaha, Neb.; St. Paul, Minn.; Kansas City, Mo., and out to the Pacific slope. There are but a few of the States and Terri tones in which this remarkable man, of a reinarkablo age, has not made his name a household word in tho United States. Alexander Nicoll, sixtynine years of are, may be seen in New Yok city to-day, as line a specimen ot physical and intellectual manhood as the world ever paw before, or is ever likely to see again. His son. Mr. Donald Nicoll. has charge of the Eastern house and Eastern branches; his son-in-law, Mr. W. G. Jenems, has his headquarters in Chicago, and controls all the W estern stores, including Indianapolis. Mr. Ben Nicoll has charge of the California stores, with headquarters in San Francisco. What, many will ask, has been the method of this remarkable man's success? It appears phenomenal. His secret was this: On landing in this country, he took in at a glance tho fact that this was a democratic country; that one man was as good as another, providing ho behaved himself as well and dressed as well. To supply tho masses, ho realized that prices must bo moderate, and ho made it his maxim to give more for tho money in lino tailoring tuan any other merchant tailor was willing to do. To-day, with unlimited capital, with unlimited brains in the handling of it, ho can aud does give more in tirst-class merchant tailoring for the money than any other man in tne United States can do or will do. Call and examine his stock, if you havo not already done so, at his branch store, .S3 and f5 South Illinois street. Mr. E. V. Beales, his local manager, has been associated with Nicoll, Tho Tailor, for eleven WW A years, lie win give you pointers on now to dress well for the least money and is sure to ii'ivo you perfect satisfaction. Advice to Mothers, ' Mrs. Winslow's soothing syrup should always be used when children are cutting teeth. It relieves the little sufferer at once; it produces natural, quiet sleep by relieving the child from pain, and the little cherub awakes as" bright as a button." It is very pleasant to taste. It soothes tin child, softens the gums, allays all pain, relieves wind, regulates. the bowels, and is tbe best known remedy for diarrhcea, whether arising from teething or other causes. Twenty-fivo cents a bottle. Do not madly risk consumption when a few drops of Hale's Honey of Horehound and Tar will inevitably cure coughs, colds, catarrh, influenza and every other ailment leading to that awful malady. Sold by all druggists. Pike's Toothache drops cure in ono minute. ECZEMA CAN BE CURED. Tho Most Agonizing, Itching, Burnin and Bleeding Eczemas Cured. Eczema in its worst stages. A raw sore from head to feet. Hair gone. Doctors and hospitals fail. Tried Everything. Cured by the Cuticura Rem edies for $6. I am cured of a loathsome disease, eczema. In its worst stape. I tried different doctors, and been through the hospital, but all to no purpose. The disease covered my whole body from the top of my head to the soles of my feet My hair all came out, leavius? me a complete raw 8ore. Afler trying everything, I heard of your Cuticura Remedies, and after using three bottles of Cuticura Resolvent, with. Cuticura and Cuticura Soap, I find myself cured at the cost of about $0. I would not be without the Cuticura Remedies in my house, as I find them useful in many cases, andl think they are tho only skin and blood medicine. ISAAC II. GERMAN, Wurtfiboro, N. Y. A Most Wonderful Cure. I have had a most wonderful cure of Salt Rheum (Eczema). For five years I have suffered with this disease. I had it on my face, arms, and hands. I was unable to do anything whatever with my hands for over two years. I tried hundreds of remedies, and not one had tho least effect. The doctor said my case was incurable. I saw your advertisement, and conclude to try the Cuticura Remedies; and Incredible as it may seem, after using one hdx of Cuticura. and two cakes of Cuticura Boap, and two bottles of Cuticura Resolvent, I find I am entirelv cured. Those who think this letter exaggerated may come and see me for themselves. URACK P. IIARKIIAM, Belle River, Ont. CuUcura Remedies Cure every species of torturing, humiliating, iteliine, burning, scaly and pimply diseanes of tbe skin, scalp and blood, with loss of hair, and all humort), blotches, eruptions, sorts, scales and crusts, when physicians and all other remedies tail. Sold everywhere. Price, Cuticura, 50c; Poap, Joe: Resolvent, SI. Prepared br the Porrua Dure, ANDCiiEJiicALCoRroKATiox, Roston. IrSeud for "How to Cure Skin Diseases." Ci panics, 50 illustrations, and 100 testimonials. PDI PLKS, black-heads, red, roush, chapied aud oily skiu prevented by Cuticura Soap MUSCULAR STRAINS and pains, back-ache, weak kidneys, rheumatism, and chest pains relieved in one minute by the Cuticura AntiPain Plaster. Tho first and only instantaneous pain-killing plaster. CREAM BAlMiS Cleanses tho Nasal Pirn-! Lft&UcJ Allays Pain andCR Inflammation, Heals tiro t T Sores, Restores the senses VT" of tasto and smell. TRY THE CURE. .NPfEUER A particle is applied Into each nostril anl is arrwable. lTtoe .Vc at dnurirUt; by mail, reUU rtsd, 00. ja-Y B11UT11EK3. 56 Vaxrea St., N w York.

4. It Costs the Consumer l.TSS than any other medicine liecause of its greater concentrated strength, and tbe quantity to each bottle, and because it is the only preparation of which caa truly be said."l 00 Doses One Dollar. ; That the people appreciate this is shown by tb fact that Hood's Sarsaparillahas the largest sale of any sarsaparilla or blood purifier. It possesses peculiar merit and effects remarkable cures. A Point for You. When yon buy your spring medicine, yoa want the best. Ask for Hood's Sarsaparilla, and Insist upon having It. Do not let any argument or persuasion influence you to buy what you do not want. Be sure to gvt the ideal epring medicine, Hood's Sarsaparilla.

Sold by all drujrplsts. $1; sir for $5. Prepared only by C. I. HOOD fc CO., Lowell, Mass. 100 Doec Ono Dollar. ENGLISH'S OPERA - HOUSE. Two more prfonnonce the Irish-American actor, DAN'L .SULLY Matinee this afternoon, DADDY jSTOIISr To-niht; CORNER qilOCERY. Matinee rrlces 25 and 50 cents only. GBAND -EXTRA Three nights and Fatunlar matlneo. beginning Thursday, April 4, the favorite actor. J AS. O'NEILL, In the great play, 'MONTE CEISTO.' A Strong Company Beautiful Scenery. Regular prices. Seata on sale thla morning. ENGLISH'S OPERA - HOUSE Three Nights and Matinee, beginning Thursday. April 4, Great Spectacular Production, UNCLE TOM'S CABIN Thirty people in thecat Spcial Scenery Realistic ESecta. Popular prices 15. 25, 35, 50 and 75 cents. Seata on sale this morning. BASEBALL LOUISVILLE VS. INDIANAPOLIS, THURSDAY and FRIDAY, April 4 And 3. , Tom Esterbrook, Kerins and oUier. Indianapolis favorites will be here. CHICAGO MAROONS on April 6 and 8. -General Admission li5c; pavilion, 50c. Gamea called at 3 p. in. ' . FURNITURE, CARPETS, :; STOVES. PAYMENTS OR CASH. MESSENGER'S 101 E. Washington St. v. : ?. Ill J 1 1 1 1 1 1 1 1 mm PURSELL & MEDSKER &4 East Washington St We carry the best line of Slate and Wood Manteli in the city. Car load Refrigerators to select from, fctn veil. Ranges, Natural Has and Gasoline btoves. All goods at bottom prices. BORN & CO FURNITURE, STOVES, CARPETS. mam LOOK OUT FOE 1880 SPECIAL, BREW BOCK BEER BY P. Lieber & Co.'s Brewing Co. FOR JAC. JIETZ6ER & CO 30 & 32 E. Maryland St. fiT In bottles, to b had from Friday, M arch 22, on. SWEEPING REDUCTION IX PRICE OF COKE Gas Coke will bo furnished for CASH by tho Gas Conipaio. Prices as follows: Clean Crushed Cokoat $2.50 per load. Lump Coke at $2.25 per load. It can also bo obtained of any and all tho Coal Dealers of tho city at tho ramo LOW price. At tho abovo ligures it is cheaper thau av.y coals sold in this market. OFFICE-49 South Pcnn. Street. HOTEL ENGLISH, Northwest Side Circle Park. IWt hotol ImiM'.ncr In Inrtiiniioli. Onof th bt kept hotrU fr tlie prices charcctl In the country. Kate for trsinsirut fl r iy. Very f.ivorallo rat i Klvcn rf?uUr ruuniT. flood lot-Aliita, rooms, bUi, clcvatui aud ull luutlun couvi jUtutti.

i v;rr;a

MONTHLY PAilIENTS