Indianapolis Journal, Indianapolis, Marion County, 19 May 1889 — Page 5

THE INDIANAPOLIS JOURNAL, SUNDAY, MAY 19, 1889-SIXTEEN PAGES.

COMMISSIONS TO BE ISSUED

Xi of Mandate Against the Governor Favoring John W. Eilcy as Trustee. The Supreme Court Decides that the General Assembly Can Elect Boar&3 for State Institutions Two of the Judges Dissent The Supreme Court yesterday afternoon rendered a decision in the suit of John W. Kiley to compel Gorernor Hovey to issue to him a commission as a trustee, elected by the last Legislature, for the Institution for the Blind. Tho suit -was brought in the Circuit Court of this county, and Judge Howland there sustained the complaint for a mandate against the Governor. Tho decision of the Supremo Court affirms that of T 1 1 J TTMw1nni1 anil t i T" Vl O ClfWernorto issue to Mr. Riley a commission. The opinion vras written by Chief -justice Elliott, aud is concurred in by Judges Mitchell and Olds. Judges Coffey and Berkshire dissented, but did not submit opinions. The opinion is as follows: The central question which this record presents is this: Is tho relator, by virtue of his appointment by the General Assembly of the State, entitled to the office of trusteo of tho Institution for the Education of the Blind! In our judgment, ho is. m That there is a class of officers that may be " appointed by the General Assembly cannot now be justly denied, and the only quesuon wnicn is sun open 10 ueuaie wnat offices belong to this class? It is our judgement that, in view of the provisions of tho Constitution, and the effect given them by practical expuaiiiuu, mo govern m g omcers of all of the benevolent institutions of the State may rightfully be appointed by the General Assembly. Tho Constitution contains provisions which, if they do not do 'more, do at least supply color for the claim of the right of the General Assembly to appoint the governing officers of the benevolent institutions of the State. It is neither necessary nor proper for us to decide as to the general extent of the legislative power to appoint to offico except in su far a it is incidentally involved in the disputed right to the offices of the class claimed by the relator. We are not here confront--with any question as to the right to a 'local office, or to a general administrative uuice, ior ncre we nave a controversy 111 Tolving offices of a peculiar nature, the duties of which relate exclusively to institutions that it is made the duty of the Legislature to establish and maintain. As there is some warrant in the Constitution for the claim of the legislative right to appoint the governing officers of the benevolent institutions, it is onrdnty to ascertain what practical exposition has ' been given td the Constitution, and if we ' rind a principle established by long con- ' tinned practice we must yield to it, unless we are satisfied that it is repngnant .to tho plain words of the Constitution. Ve are far from asserting 'that the plain provisions of the Constitution may be broken down or overleaped by practical exposition, but what we do assert is that where, as here, there are provisions not entirely clear and free from doubt, practical exposition 13 of controlling force. Onr own ana other courts have, time and time again, adjudged that practical exposition is of controlling influence wherever there is need of interpretation. The language employed by the courts is strong, iind the current of opinion is unbroken. In speaking of the effect of a practical exposition, it was said by an ablo court that "it lias always been regarded by the courts as equivalent to a positive law." Bruce vs. fcchnylcr, 4 Gilm., 221. In adhering to longcontinued exposition, another court said: "We cannot snake a system which in pracj - 1 1 j : 1 1 icq nas 00 lung uuu eiicusucij piuvaucu. I Rogers vs. Good, 2 Mass., 473.) But it is unnecessary to quote the expressions of the courts, for harmony reigns throughout the whole scope of judicial opinion upon this subject. Board vs. Bunting, 111 lud., 143; Weaver vs. TVruplin, 113 Ind.. 203-S01, Stuart vs. Laird. 1 Cranch, 299; Martin vs. Hunter, 1 Wheat., 804; Cohens vs. Virginia, C Wheat.. 264;Ogdenvs.Saunders. 12 Wheat.. 213-21)0; Minor vs. Ilappersett, 21 Wall., 102; fctate vs. Tarkinson, 5 h'ev., 15; Tike vs. Horgan, 44 Mo., 491; People vs. Board. 100 III.. 4U5; State vs. French, 2 Pinney (Wis.) 1S1.J Practical exposition establishes a principle. Particular instances fall within general rules and practical exposition establishes general rules for the government of particular instances. Practical exposition does not give rights in particular cases, since, to give it that effect, would creato an evil as great as that of class legislation, and against that evil is directed Bume of the strongest provisions of our Constitution. Courts must search for the general principle which practical exposition establishes, and when that principle is discovered apply it to all cases within its legitimate sweep. The science of jurisprudence is not made up of particular instances, nor can it be so constructed, for. if it be a science at all, it must be composed of principles. To us it is clear that what we have here to do is to tind what principle Las been established, and under that principle bring the particular instance. The principle which the long-continued practice has established is that the General Assembly has the power to appoint the governing officers of all the benevolent institutions, or, at its option, authorize their appointment by some other department of the State government. This is the effect of the practice, and it is narrowing tho effect of this practical exposition vry much beyond wnat reason and authority justify, to hold that it applies to tome of the institutions and not to the others. We cannot believe that tho General Assembly may rightfully appoint the trustees of the Hospital for the Insane, and vet have no authority to appoint those of the Institution for the Education of the Blind. Tho practice establishes a principle, -if it establishes anything. That principle applies- to a class of officers, and within that class are the officers of all the benevolent institutions of the State. It is impossible to conceive why the General Assembly may not appoint , the officers of it is settled it may do, appoint the officers of one. The principle is the same in the one instance that it is in the other, and the class embraces all of tho officers of the different institutions. The decisions of this court either expressly decide or tacitly concede that some appointing power is vested in the General Assembly. (Collins vs. the State. 8 lnd., 344; State ex rel. vs. Ilarrison, 113 Ind., 434; State ex rel. vs. Denny (this term); State ex rel. vs. Carson (thisterm).l The practice which we assume constitutes a practical exposition is, therefore, one recognized by all the departments of tho government, and is of unusual strength. It is so strong that we cannot do otherwise than yield to it, so that, without deciding what effect the provisions of tho Constitution should have independently of practical exposition, we must decide that, under the operation of this practical exposition, they must be deemed to authorize the appointment of the governing officers of the benevolent institutions, since tfais practical exposition establishes a general priuciple which must govern all cases that legitimately fall within its operation. The power to appoint, or to direct the appointment of officers embraced in the class to which the one hero in controversy belongs has been exercised by the General Assembly ever idnco the adoption of our present Constitution. At the time that Constitution was adopted this was the practice, and of this practice the framers of that instrument had Knowledge. Instead of embodying in the present Constitution provisions against tho practice, those who framed it placed in it provisions giving the practice substantial recognition: and we cannot, at this late day, asaert that the practice persisted in for so many years was in violation of tho constitutional provisions. They did not, at all events, materially change tho former Constitution in this particular, although they did essentially change it as to other classes of officers. The claim of legislative power has not been xnado, it is important to keep in mind, in a few scattered instances, or in a broken and disjointed course, but it has been made and enforced in many instances, and with uninterrupted uniformity. "We have suggested that tho office is a . peculiar one, and, we may add, that it is one which it is evident tho Constitution did not intend should be filled by the lectors of the State at a general election. It is, as it w.ems to ns, an office which may properly be regarded as within tho control of the General Assembly, the control belonging to that body as an incident of the right to establish and maintain benevolent institution. I State ex reL vs. Carson

Bupra. Bat we need not decide what would be the effect of the constitutional provisions had there been no long continued usazc, for there was such usage, and it gave the effect to the provisions that we here assign them. Tho general delegation of power to tho General Assembly may have been, with much reason, considered as carrviug with it. a an incidental power, the right to appoint officers to manage and conduct the State institutions. Such, certainly, is the force the usage has affixed to those provisions. Offices of the class under immediate mention are not such as every elector may justly claim a right to hold solely on the ground that he is a voter, and all voters aro entitled to hold offices, but they are offices which the Legislature may restrict to competent persons by prescribing what shall be the onalitications of those who enter them. It is within the authority of the Legislature, by virtue of it general power, to require that the officers ox this class shall be selected from different political parties, or that they shall be persons of peculiar skill and experience. It may, indeed, provide for the appointment of women to this class of offices, as has been done in some instances. If we are wrong in affirming that in this class of offices the Legislature may prescribe particular qualifications, then, the practice of all the departments has been, in many instances, a persistent violation of the Constitution. Another consideration, not without importance, and one that is to be regarded in construing the Constitution, and giving effect to its provisions, is that the benevolent institutions are the property of the State, and as such, within the general control of the Legislature. As the Legislature has general authority over the property of the Mate, and as it may appoint agents or officers to manage that property, there is a solid foundation for the practice which has so expounded the Constitution, or aided in expounding it, as to give the General Assembly the power to appoint the governing officers of tho benevolent and other State institutions. The basis of the practice is the familiar principle that the grant of a principal power carries with it all necessary subsidiary powers. Judgment affirmed. This settles the question of the right of the Legislature to choose the trustees for the State benevolent institutions, and Governor Hovey will this week issue commissions to all selected by the Legislature for the Institutions for the Blind, Deaf and Dumb, the additional hospitals for the insane, and to the directors for the State Prison North. The right of the Legislature to appoint a chief of the Bureau of Geology and Natural Science, a chief of the Bureau of Statistics, a State-house custodian, and members of the State Board of Health, is undetermined by the decision. The suit brought by Prof. Collett for possession of the State Geologist's office will, the assistant Attorney-general says, determine the four cases yet pending. That suit will be pushed to a final hearing as soon as possible. In case Prof. Gorby attempts to compel Prof. Collett to bring the suit in Dearborn county, the .Attorney-general will likely bring suit against the Auditor of State to compel him o issue to Prof. Collett a warrant for his salary. By adopting that plan, the delay, that Prof. Goroy is seeking to gain can be avoided. - - - A DAY IN THE COURTS. The Board of Guardians Obtain Control of Several Neglected Children. Judge Rowland yesterday considered the cases that had been set in his court, in the action of the Board of Children's Guardians. In the evidence many repulsive facts' were disclosed, which not only discount the morality of the city but emphasize the merits and even the necessity of the organization. Jennie Golden, a waif thirteen years of age who has been living in the midst of 6qualor and crime, was put under the control of the board without much discussion. One of the worst cases was that of Jesse Dody, a colored babe, three years of age. Its mother. Belle Dody, who in white, has for years, it was given in evidence, been in a house of ill fame, and since her child's birth has kept it constantly in the evil surroundings of her own lite. "The board said that she vras an untit person to have further chargo of it and the court sustained the petition tor its control. Tho case of a four-year-old girl named Williams was next presented, and it was shown that she was the child of one Anna Sherrer, who " is addicted to intoxication, and i also leading a life of shame. This child was also given to the board. The cases of Arthur West and Walter Thorpe, who were represented as being incorrigible, were dismissed for want of evidence to commit. It is expected that as tho board enlarges its work many other cases will be brought into the court. Several Indictments Returned. TLe United States1 grand jury yesterday returned twenty-three Indictments and then adjourned until a week from to-morrow. Of those returned fourteen are for violations of the election law. Several of those quashed by Judge Woodson account of defects -were corrected, and other persons Indicted for election law violation, vriiof-e cases were not Investigated by the preceding grand Jury. It is the purpose of the district attorney to make a thorough investigation of all the election cases brought before hira, and the Jury upon Its return will he engaged in that kind of work. The -warrants on the indictments will be sent out ome time this week. The indictment agalnat Edward T. Baker, of I)e Kalb county, charging him with illegal voting, was quashed yesterday. Divorces Refused and Granted. . Judge Taylor's time was occupied yesterday with a full (locket of divorce cases. Cora L. O'Connor, who had petitioned the court for a divorce from John C. O'Connor, on grounds of cruelty, did not furnish sufficient evidence, the court thought, ttvwarrant the granting of her re-, quest. Louisa Quigley was granted a decree from William C. Quigley. claiming he had abandoned her and failed to make a suitable provision for their children, the latter being put into her custody. Ann Strothers, who ha been separated from her husband, Samuel Strothers, because of his cruel treatment toward her, was granted a divorce and custody of her children. The last case was that of Carrie and William K. Mohler, whose marriage was annulled, on grounds of cruelty charges against the latter. Notes from the Dockets. Esther Carter yesterday riled suit against the Indianapolis, Decatur & Western Railrdad Company for $10,000 damages. She claims that on Oct. 25, 1889, she was permanently injured in a collision between an Insane Hospital street car and one of the company's engines, which was caused by the negligence of the engineer. Daniel Burton yesterday filed a cross-complaint before Judge Taylor, claiming that if he Is to be held liable for the debts of John E. Sullivan, Silas M. Shephard should also be made to bear a share In the expense, and that In all cases the liability of the other bondsmen of Sullivan be considered prior to his own. The court took the matter under advisement. 1 A Judgment for Clements. In the damage suit of William C. Clements against Ilczcklah Burnett, the Hendricks county deputy United States marshal who eausedhis arrest on charges of violation of the election laws, the Jury returned a sealed verdict, Friday nifcht, which gave the plaintiff a Judgment of 225 aealnst all of the defendants except Anderson Odom. Clementa'a attorneys, flitter fe Kitter, won the case on the strength of the argument that their client had been arrested without a warrant, and by the wrong official. , Arraigned Before the Judge. The following persons were arraigned yesterday before Judge Irvln and entered pleas of not jmilty: Frank Archer, petit larceny; Mathe w (Juyton, burglary; James Rounds, Andrew Van Meter and William Mack, grand larceny. George P. Morrison pleaded guilty to the charge of grand larceny, and Mary May to petit larceny. m Warning to Bayard. Minneapolis Tribune. Ex-Secretary Bayard is to be married. If he doesn't exerciso more diplomacy in domestic relations than he did in foreign relations, he is going to have a mighty hard time of it.

A SUMMER HOLIDAY. J'ast to the Mountain and the Ocean via the JTennajtrania Lines. Atlantic City, Cape May, Long Branch and kindred resorts along the coast of New Jersey, Cresson and other well-known hotels of the Allegheny mountains present peculiar attractions for the wholesome enjoyment of a summer outing. The ocean bathing and the mountain air bring health and happiness. A folder with an excellent perspective map showing the location of the mountain and ocean resorts of the East and giving a brief description thereof has been issued by the Peensylvania lines, and a cony may be obtained upon application to If. It. JJering, A. G. P. A., Indianapolis.

NO DEMAND FOR FOREIGN MONEY. Loans of This Kind Decreasing, hut Local Funds Are in Use and Find Borrowers.

Since the spring building began in Indianapolis, the monetary market has experienced a number of fluctuations, none of which, however, havo resulted in any depression of the interests of local capitalists. Erora the time that the season would permit; houses began to spring up in tho suburbs and outskirts of tho city, and the number has since increased to a degree never before known in the short space of two months. A large per cent, of these houses have been erected by people who have been compelled to secure financial assistance, either through the numerous building and loan associations or through loan agents, and as a result money was in great demand during March and ApriL It j estimated that 55500,000 of borrowed money, secured on first mortgage, was invested in small amounts ranging from $500 to $10,000, which, for the roost part, came from Eastern capitalists. During the latter part of April, however, the demand decreased, and many agents were left with funds on their hands. "There was a seeming tendency to stop borrowing about the first week of this month," said a loan agent yesterday, "but for what reason I cannot say. I remember I had taken $25,000 from a New York farm to loan on as reasonable terms as were ever olfered in the city. 1 advertiesd for loans, but did not receive a single applicant. Men whom I knew by experience were wanting money somo time before, and had not secured any were unwilling to borrow, saying they would wait, without giving any definite reasons. I know of other agents who carry equally large amounts, who have no demand for tnem. 1 To what do you attnbute this falling off f " the reporter asked. "I hardly know, unless it is that Indianpolis has about reached the end of her string in the building line. For awhile there was an unprecedented amount of building in the way of small residences and tenement-houses, but I think that there was hardly as much heavy building done as was expected. If you will look over the building permits for the past three months you will hardly iind one large block, or a building of any considerable size, where yon will find fifty houses. These large enterprises are the ones that call for borrowed money, and their absence has made itself felt on the market. That is the only way I can account for it. A4great many peoplo are depending upon the onilding ana loan associations for money, probably more than one would bolieve at first thought, and that makes some difference, of course." "What amount of money do they handle, or can it be estimated!" "Well, that is a hard thing to estimate, but I expect there is at least $50,000 deposited in one . week's time. I know one building association that lacks $10,000 of having enough to supply the demands of applicants. Yesterday its officers had demands for $4,800 which they could not fill. Of course, some associations in tho city claim to have money to loan, but then I question whether they are run on a proper pusiuess basis, for the Majority of .tho associations, and there are 140 in the city, are not overburdened with unavailable capital. No, that is about the only place where money is in great demand at present. We who handle private funds don't have as much business in that direction as we did some time ago. And, in some senses, that speaks very highly for the city. It certainly shows that local capital is being put forward when heretofore it has been held in reserve. -The building and improvement of property has continued just tho same, and tho money must come from somewhere. That is self-evident, and the only conclusion is that men are investing their own funds, or else aro borrowing from local organizations according to a scheme whereby they may not only secure a temporary loan, but at the same time receive a bonus over their original stock. In fact, I regard the monetary outlook for the city as one that evidences a good degree of prosperity and home economy, and while it is not exactly what makes" my livelihood , 1 booming success, I am glad to see the condition and the train which affairs have taken." RUINED BY POLITICS. A Postmaster Who Used Government Money in Supporting Colonel Matson for Congress. A little more than two years ago, Horace G. Douglass, the Democratic postmaster at Plainfield, Hendricks county, became a defaulter,, and when he learned that his crime had become known to tho federal authorities, left for parts unknown. Soon afterwards he was indicted by the United States grand jury on four counts one alleging that he had embezzled $119.35 of tho postofllec funds; a second, that he had embezzled $349.13, and the third and fourth, that he had failed to deposit the money in a government depository, as required by law. About the first of last November Douglass, tired of being a fugitive from justice, appeared before Judge Woods, and gave bona for his appearance in court. Yesterday he was brought before the judge, and, after the indictment had been read to him, he pleaded guilty. In a brief statement to the judge, Mr. Douglass stated that he had become involved in tho difficulty on account of Superintendent Charltont of the lieform School for Hoys, withdrawing the mail for that institution from the Plainfield office; and further, that it was politics that forced him to embezzle tho government's money. Judge Woods notified the prisoner that under such circumstances he would allow him to go home, his old bail bond remaining in force, aud that when he was ready to pass sentence he would send for him. He also told Mr. Douglass that if he expected to escape punishment it would be well for him, or nis friends, to petition President Harrison for a pardon. The story of Douglass's crime is a somewhat peculiar one. At the time of his appointment as postmaster he was an ardent young Democrat, and had for several years been editor of tho Plainfield Progress. There were quito a uumber of applicants for the postoffice, and Congressman Matson. much to . the surprise of the citizens of Plainfield, secured the appointment of Douglass. At that time it was understood that it was to repay this young editor for political work he nail done lor Colonel Matson. Among thoso who opposed Douglass was Superintendent Charlton, of tho Kcform School, and he was so indignant over what had been done that he refused to have his mail sent to Plainfield, and had it carried to Avon, four miles north, on the I. & St. L. road. As the greater part of the patronage of the Plainfield office had been coming from the Keform School, the withdrawal of it cut Douglass's salary down to $200 or $000 per year. About that time MatRon was a candidate for renomination for Congress, and Douglass had charge of his campaign in Hen-, dricks county. When Douglass became a defaulter, many persons in Plainfield believed that he had used the money in the interest of Matson. and that belief is now substantiated. After Mr. Douglass pleaded guilty, yesterday, he said to Assistant District Attorney Cockrum that ho used tho money toward securing the renomination of Col. Matson. He say9 thr.t ho was advised to do so by Matsou's friends, and was given to understand that he would have to do it if he desired to retain the postoflice. According to his story, the money was used with tho expectation of paying it back in a short time. It was directly after that, however, that Superintendent Chariton withdrew tho lieform School mail, and it cut down the revenue of the office so much that he found himself unable to repay the money. One day a postoifice inspector unexpectedly came to look over the books of the office, and Mr. Douglass immediately left town. For a long time he was in the far West. Mr. Douglass's friends lay all the blame for the young man's trouble on men who supported Coi. Matson, and all the facts in the case will be set out in a petition for a pardou to President Harrison. Douglass always bore a good reputation, and his friends think they will be able to secure a pardon for him. It Should no Stopped. Considerable complaint is made by the merchants on the north side of Washington street in regard to the means tome of the retail dealers have of. securing customers. One house. It Is claimed, has regular force of runners, who are paid for soliciting trade on the street, a custom

which not only destroys legitimate trade, bat subject pasaers-by to a treatment neither pleasant nor worthy of true business principles. There should be, it is urged, a city ordinance igainst this wholesale stopping of street passengers and thereby soliciting trade, and it is the intention to appeal to the Council to havo one passed. RADICAL REFORM SUGGESTED. A Plan to Redace the Co3ts of Prosecution, and Repay Losses through Acts of Crime. There were quite a number of chance visitors at the city clerk's office, yesterday afternoon, and after the conversation had drifted from politics to base-ball, and from base-ball to topics legal, one in the crowd, a retired attorney, took occasion to advance a theory which, if not exactly practical, was at least unique. 4I have often thought," he said, "that our whole code of criminal law is defective. Of course, I hardly expect all the criminal lawyers in the State to rise up simultaneously and call me a second Daniel simply for my opinion, but nevertheless I see no objections to my having it, and even stating it to my friends. Iso, don't urge me, for I mean to tell it anyway. Now, you see tho State is put to considerable expense in convicting men of felonies and crimes. Did you ever think of that? Well, it is a fact, and as such forms the basis of my theory. Yes, it costs nearly 1,000 to convict a man of murdor in Indiana, and about 82&0 tor an ordinary offense. In addition to this, the transportation for one mau to Michigan City with a deputy is S46. Now take a man. for ihstance. whom I knew. He had a wife and eight children, and was working for 1.25 a day. Last year. as the cold weather came on, ho foresaw that he would not be able to clothe and feed his family, and ho stole some woolen goods from one of the factories in the city. He was caught, tried, convicted and sentenced to two years in the penitentiary. Asa consequence his family was and is fed at the county's expense. "My theory would do away with all that expense. That man in the penitentiary, like all the other convicts, is put to work. His labor is worth at least &S a day, and often men who are serving life sentences become so skilled in their trades that were they free they could command $3 and $4 a day. All of their labor, however, is let out to contractors at 00 cents a day for each convict, and the profit goes into their pockets. If I had my way it would go into a regular furitl for the fetate from which the fees of prosecution, transportation and loss would come. I would reimburse the man who is robbed. If a man steals 100 from me, spends it, is caught and sent to the penitentiary, that does me no good. It would be a little comfort for me to know he had been punished, but that wouldn't replace my money. The fact is, a man's punishment for stealing ought to be in making him repay the one whom he robbed. It may be that my theory would not work so well in case of a murder, but I believe it would. When a man kills another, and goes to the penitentiary, I believe that all of his earnings, over and above the amount necessary to make the prison self-supporting, ought to go directly to the family of the murdered man or woman, or to his own, if they are in destitute circumstances. There are a hundred ways that the money could be applied more beneficiallv than going to make the contractors wealthy. It may be that tho world will be a great many years older before my idea of reform is carried out. but patience and perseverance is the onby thing that will conquer. I am going to write a book on the subject when I rind time, so that in tho next century when the laws are changed somo man can't rise up and pose as the originator of tho theory. I will claim that honor for my posterity."

THE KNIGHTS OP nOXOR. Acts of the Snpreme Dictator Indorsed and Changes in Benefits A Pleasing Incident. There was not so much speech-making at yesterday's session of the Supreme Lodge, Knights of Honor, and consequently a good deal of business was transacted. Almost the entire day was devoted to the consideration of propositions to -change the laws governing tho order. The action of the supreme dictator in sending relief to the sufferers from tho yellow fever epidemic in Florida, last year, was indorsed, as were other, less important acts of that officer. The question of pa3'ing benefits in cases where death resulted from suicide -was discussed at length, and it was finally derided that hereafter no benefit shall be paid where there is proof that the holder of the certificate took his own life. The action was in line with tho recommendations of the retiring supreme dictator, Gratz. The subject of intemperance, also suggested by tho same in his address at the opening of the lodge, was considered, and it was decided to compel all subordinate lodges to rid themselves of habitual drunkards and all diameters addicted to immoral habits. Steps were taken to throw such a safeguard around tho widows' and orphans' benefit fund that it cannot be used for any other purpose than that specified in the constitution of the order. Detroit was unanimously selected as the place for holding the next annual session of the lodge; and then a proposition to change tho law of the order with reference to the duties of the State medical examiner was discussed, but no action was taken. Quite a linmberof knights were made past grand dictators of their respective grand lodges. A resolution was adopted creating a quarter-rate benefit of S."00. Under the law as it originally stood, thero was a half-rato benefit of $1,000, and a fullrate of 62,000. A proposition to make the full-rate $5,000 was defeated, so the law as it now stands provides for a quarter-tate

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A great variety of Fancy Flannel Shirts and Thin Underwear; and no fancy prices in our Gentlemen's Furnishing Department, nor anywhere else.

of a half rate of Si ,000, and a full rate of $2,000. The work of the day concluded with the defeat of a proposition to change the time of the annual meeting from May to September. After the routine business of the day had been concluded a presentation occurred. At the session in Cleveland, one year ago. Judge Fitzgerald, of Virginia, presented the supreme dictator a beautiful gavel made of wood from trees that grew upon the battle-field of Appomattox. Yesterday Colonel Piatt, of Massachusetts, in a speech appropriate to the occasion, presented the order with a box for tho gaveL made of wood from Concord and Lexington. Judge Fitzgerald responded to the presentation speech by referring to the heroes of the revolution and the deeds of valor at Appomattox. The incident was impressive, as there were present men whose ancestors fought on the famous battle-fields of the revolution, others who were with the Southern Confederacy and others still who assisted the North in putting down the rebellion. Want More L.Ight. The committee, in whose charge was left the renting of a hall for the May musical festival, decided yesterday to petition the City Council for additional lighting facilities in Tomllnson Hall, as it Is feared by them that the present means of illumination will be insufficient for the occasion.

Cloning Out Sate, Owing to ill health I am compelled to sell out my stock of watohes, clocks, jewelry and store fixtures at prices never before chronicled. Everything will be sold at retail at astonishingly low prices until all is closed out. Do not fail to partake of this opportunity, as you will never be able to buy at these prices again. L. E. Mayr. 15 North Illinois street. Ostrich feathers made a lovely white and cream. Chas. Failles, 251-2 W. Washington st SKIN, SCALP AND BLOOD Diseases Cured by Cuticura Remedies when Hot Springs, Doctors and all other Medicines Fail. Having been a sufferer for -two years and a half from a disease caused by a bruise on the leg, and having been cured by the Cuticura Remedies when all other methods and remedies failed, I deem it iny duty to rn commend them. I visited Hot Springs to no avail, and tried several doctors without success, and at last our principal druggist, Mr. John P. Finlay (to whom I shall ever feel grateful), spoke to me about Cuticura, and I consented to give them a trial with the result that I am perfectly cured. There is now no sore about me. I think I can show the largest surface where my pufferinff sprang from of any one in the State. The Cuticura Remedies are the best blood and skin cures manufactured. I refer to druggist John P. Finlay and Dr. D. C. Mont-! gomery, both of this place, and to Dr. Smith, of Lake tee Miss ALEJANDER BEACIT, Greenville. Miss. Mr. Beach used the Cutioura Remedies, at our request, with results si above stated. A. B. FINLAY A CO., Druggist. ScrofUla 7 Years Cured. - I have been troubled with Scrofula seven years, which llrst started on the top of my head, giving me infinite trouble, with constant itching, casting off of dry scales, and a watery liquid exuded from under the scales. I treated it for seren years unsuccessfully, and was unablo to check it until I found your Cuticura Remedies. One box Cuticura, one cake Cuticura 8oap. and one bottle Cuticura Resolvent completely cured me, ray skin becoming rerf ectly clear and smooth. S. J. DAVIS, Artcsia, Los Angeles Co., CaL Skin Disease 5 Years Cured. Your Cuticura remedies did wonderful things for mo. They cured ray skin disease, which has been of five years' standing, after hunareds of dollar? had been spent in trying to cure it Nothii did me any good until I commenced the use of .he Cuticura Remedies. Our house will never be without them. MRS. ROSA KELLY, Rockwell City, Calhoun Co., la. Cuticura Remedies Are sold everywhere. Price, Cuticura, 50c; Soap, 25c; Resolvent, $1. Prepared by the Pottlr Dri'G andChemicalCokforation, Boston. CiTend for "How to Cure Skin Diseases.' 64 paes, 50 illustrations, and 100 testimonials. 1)T"fPLES, black-heads, red, routrh, chapped 1j.IL and oily skin prevented by Cuticura Soap. iNTo Eheumatiz About Me In one minute the Cuticura Anti-pain Plaster relieves Rheumatic, Sciatic, . 1 - 1-11 . . 1 .1 V, . w-rclte pains. The tirst and only instantaneous pain-killing strengthening plaster. Sneezing Catarrh.. The distressing sneeze, 6neeze, sneeze, tho acrid, watery discharges from the eyes and nose, the painful inflammation extending to the throat, the swelling of the mucous lining.causlngchoking sensations, cough, ringing noises in the head and splitting headaches, how familiar these symtomsare to thousands who euffer-periodically from head colds or influenza, and who live in ignorance of the fact that a single application of Sanford's Radical Cure for Catarrh will afford instantaneous relief. Rut this treatment in cases of simple Catarrh gives but a faint idea of what thl remedy will do in the chronio forms, where the breathing is obstructed by choking, puti id mucus accumulation, the hearing affected, smell and taste gone, throat ulcerated and hacking couch gradually fastening itself upon the debilitated system. Then it is that the marvelous curativo power of Sanford's Radical Cure manifests itself in instantaneous and grateful relief. Cure begins from the first application. It is rapid, radical, permanent, economical, safe. Sanford's Radical Cure consists of one bottle of the Radical Cure, one box Catarrhal Solvent and an improved inhaler; price, $1. POTTER DRUG & CHEMICAL CORPORATION, Boston. a -rf 111 U, KiUIICV, IJJUMCUiai, illiU. I'UCSl I CAN'T BREATHE. Chest pains. Soreness, Weakness, Hnekinir Cough, Asthma, Pleurisy, and Inflammation relieved In one minute and assisted to a speedy cure by the Cuticura Anti-Fain Plaster. A new, instantaneous and infallible antidote to pain, inflammation and weakness of the Chest and Lunirs. The first and only rain-killing plaster. All druggists. iI5 cents; live for $1.00; or, postage free, PottekDbug & Chemical Corporation, Boston, Mass. BOYS' .Ages 4 to

Of the same beautiful fabrics, Cassimeres, Cheviots, etc., as our Men's Suits, and STRICTLY ALL WOOL. These Suits are really worth $10 and Si 2, but we bought at such prices that we can afford to sell at S7.97.

B. J. FLETCHER.

D. H. RAXSDELL, Mtotftr.

S. A. FLETCHER & CO. SAFE DEPOSIT CO.

30, 32 and 34 East if POM EIRE, !'rR0M 6 OO ' IIP SO 00

im i miii'iiiiii

1. i

Designed for the safe keeping of Money, Bonds. WIUs. Dewl. Abstracts, Insarsncs Poltcie. SllTeTTIste, rels. and valuable Trunks. PaoloiSfS, eta. Persons oontmp!stinar leaving home tor the umraer will b ln;sted lit knowtnr that irar vault alfurda a ulace wher vahiblw are absolutely aaf trota flr and btinrlar.

jrvreis. sua vsmaoie ironis. .raoxajt's, cu .rersoos terested lit knowtnr that irar vault affur.U a uiace wher

Tfta strongest nt finest vault in the Vest. Gentlemanly attendant alvrtrs on hand to siimr and explain tfce workings ot onr vault sy tm. Pnlicemtn on duty rtar and nUUL Kverj facility provided for renters transacting business without leaving vault room. Call aai examine.

SPRIoSTG IS HERE. So is par stock of TROY SURREYS. They are too lovely far anything, and so reasanable la price, too

I. ,'. f V -.-,

1 If

XTesreheadqnarters for th finest and latest styles of StureysTnireies and Phaetons ever off erfd tn this city. We oan soil you BKTTKR ood for LK38 money than any house In the Slate. Call and aoe than. : -H. T. CODE IMPLEMENT COMPANY, 70 & 78 West Washington Street

V. P. EVANS, Snccpssor to Chas. JunoDealer In Oysters, Fish and Game. Ppeoial attention clven to balls, parties and banquets. Ilotels and restaurants will Iind It to tlieir Interest to call and see in for special price, at No. 61 North Illinois street. Sole agent for Capital City Dairy Co. Oleo, crratnery Butter. CHAS. LONG. Resident Manager.

DIKD. iroTnitnorc At St. rxmis. Mo.. Friday, May 17, earah F. llolbrook. Funeral from Fourth Irrsby. terlan Church. Sunday, at 3:30 p. m. Friends Invited. WANTK1 LEiOn S TlKSMKN-WE WISH A FEW MEN TO SELTj our .goods by sample to the wholesale and retail trade. largest maunrrs in our line. Inclose 2-eent stamp. Vare8 s?3 pr day. Permanent position. No postals answered. Money advanced for waRes. advertlsinfr. etc. Ckntf.xsial MasTh Co.. Cincinnati. O. PERSONAL. pEP.SONALr-I will gladly tell anyone who sends jl mea seii-aauresscii siumyeu unciniinu wuh.thine I made which entirely cured ray face of blackheads, pimples and freckles. It pives a lovely complexlon. MISS FLORA JOSfrS. fonth Henrt. Ind. VVTI1I jVJ1. "ITT ANTED Situation by lady stenophf r. have M had four years experience inactive business. Best of reference giyenAddress V.. this office. ( GENTLFTmaN in business hero for several years, would be clad to secure room and board in a E rivals family, in a good location north, where he can ave the advantages of a home. Can pive unexceptionable references. For acceptable accommodations is willing to pay liberally. Address until Tuesday, II. 16, care News. . WANTED MAX.E J1EL.P. WANTED Two young men who hve had some experience tu machine shop. LeTAMHLEA CRYAN, 115 South Pennsylvania street. "WANTED 50 cahlnet-maXrrs and 12 machine i hands for desk work. Nona but nrst-class men need apply. INDIANAPOLIS CABINET CO. FOR RENT. R RENT ROOMS WITH Apply at Bryce's bakery. STEAM POWER 1XR RENT FURNISHED HOUSE FOR SUMmer; modern conveniences; to small family. Address HOUSE. Journal Office. 17O R RENT 733 North Meridian street, a comfort- . able home, good barn, well and cis em, natural gas. and all other modern Improvements; yard beautifully shaded. ISAAC THALMAN. FOR SALE REAL ESTATE. F)R SALE REAL ESTATE Three houses on Park avenue; price, $5,000 cash: pay 12 per cent, on the investment; rents for $t48 per year; want to sell within a few days. Who wants the next Woodruff Place lot! VAJ EN. 7U East Market street. of the ORIGIN SUITS 14 Years, SSome

Straw Hats for Men and Boys. We enable you to put the crown 'and finish to a NEW SUIT at a very low-price.

TTTi A HTT TTTi

r. xl crrmcnirjut.

Washington Streot. from e-A y T05PMJ oonifmpiaiuw iravm nom ior the umraer win im in ram bias are absolutely aafa trota rir and tmnrlar. ANNOUNCEMENTS, fRS. M. C. THAYER has removed her o file e from 1VL 134 North Pennsylvania street to 230 East Vcr. xnont street. MilMBLRH of Salesmen's Union are requested to meet at Mansnr Jlallnn to-morrow (Monday) evening at 30 o'clock, to initiate a number of new members. M. KAS1L, Pres. ASTIIOLOGEB MliH. DIL ELLIS NEVEH fails to tell life's history correctly by the planeta, where to go; what to do for success, health and happiness, gives information on all subjects. If sick or iu trouble consnlt the Doctor at nee. 23 Fans ilichigan street, can be consulted by letter. MM I LY FIX) U lt-O. A. Van Pelt, 121 North Delaware street, has in stock the finest brands nfe llonr this country produces; also, such well-kncwn Hours as "Columbia." llnces8,,' Tillsburys. 'Schumacher's Akron," "onners. Kidder," arH mariy others, either in sack or barrel, at prices that will quickly astonish new customers. Free samples of mauulactnrcd grain foods from cereal mills everywhere. BUSINESS O PrORTTOfITT ES. T ANTED A good live man to Invest $3,000 In a growing bubiness. Address X. Y. this oCJce. FOE SALE, An e legant new stock of Dry Goods; lnrolrje about 20,000. Will trade for India napolla projv. crty, or will tako a pood farm In Marion or aa Joining counties. WM. GORDON, 11 & 12, Bald win Block. THE CHEAPEST NEWSPAPER. IMIj Mm State tail ONE DOLLAR PER YEAR, 1' AL EAGLE. accordingly.

t-ikf i r i - -

- CHILDREN'S SUITS

Short Pants Suits, Ages 4 to 14 In new styles, Cassimeres and Cheviots. All the latest styles, and STRICTLY ALL WOOL

nice Blue Jersey Suits. 5 & 7

WEST

A WASHINGTON ST.