Indianapolis Journal, Indianapolis, Marion County, 17 September 1889 — Page 8

THE INDIANAPOLIS JOURNAL, TUESDAY, SEPTEMBER 17, 1889.

Touching Fits.

CO Nothing docs that so entirely as a suit of clothes from the hands of an expert. It reaches every rjart ia felt from head to foot; is, in short, iui ELIXEIt OF LIFE, Making the old look youns and the young look handsome. Note tho opportunity: Our special importations of fall and winter poods arc now complete. In 1'Jain and Fancy Suitings, Overcoat and Trouserings, we are confident of satisfying the fastidious dresser and comforting the plain and solid man. CORRECT STYLES In cut and pattern assured, as are fit, finish and fabric. An early order will be to your advantage. o S 25 L. .8. AYEES & CO. GTAgcnts for Butteriek's Patterns. Pianos and Organs, FOR RENT (taper tban any Place in tie City We have just opened a fresh stock, and can suit you not only in the instrument, but also in the Price. D.E BALDWIN & CO 5TTuning and Repairing a specialty. Orders for moving given prompt attention. 85, 97 & 99 1 Pennsjlrania St, Indianapolis. V ISIT H. Liebsr & Co.'s Art Emporium. Hic;h-clas3 etchings and engravings. Novelties of the season in color work, pastelles, water-colors and oleographs. German photographs colored by Jos. Wilson, sr., of London, England. 33 South Meridian St. NE"W BOOKS Harper's Song Collection NUMBER 6. Taper. 50 cent. Cloth, $1. FOR SALE BY THE BOWEN-MBRRILL CO.. 16 & 1 8 West Washington St THE HEW YORK STORE IEstablishcd 1853.1 CORSETS. We have over live thousand Corsets, and over fifty styles. We can suit every form and size, and always give you clean goods. We never display Corsets out of the boxes. im ii winter mnu All our new stock is now in storo and ready to be shown. Early buy-. ers get the full assortment of styles, color and size. Prices Always in Plain Figures. PETTIS, BASSETT & CO - STATE FAIR PROSPECTS. Secretary Heron Predicts the Most Successful Exhibition Ever Hold. Ono essential feature in connection with the complete success of the State fair will be the condition of the weather, anil "that it will be favorable." says Secretary Heron, "we are assured by authorities. The storms which havo been raging in the East ara the equinoctial storms, at present passing over us traveling westward, and these storms are invariably followed by a pell of lino weather. Should this be the case, we shall see during the fair week tho largest number of people in the city that have ever visited Indianapolis." One interesting exhibition will be that of fifty .Shetland ponies for which a corral has been laid out. These ponies have been lent by Horace F. Wood, who recently purchased them from Prevailing. Tho latter gentleman imported them only a short time ago. The largest exhibition of agricultural implements ever seen at any State fair will be seen here on this cca sin n. The spaeo allotted for this class of exhibits last year has already been filled, and to give a cliniico to other applicants for space another piece of ground bal to bo assigned. Four counties, viz., Floyd, Lawrence, Madison and Marion, have sent in notice, through their respective authorities, that they will conipeto for the premium of 1T5 olfered by the .State Horticultural Society for tho best display of county products. Notices have also been received from the C H. Sc D., the Hig Four, the L. E. it V. and the 1., 1. & W. of their consent to the 1-cent rate for passengers to the fair over their respective lines. Kefen-ed to the Spring Election. The Board of County Commissioners yesterday decided to .efer the question of the Irvington electric line to the regular spring election and not to a special call of voters. Qmcz kska at Win. L. Elder's.

WOBK OF THE COUNCILMEN

Mayor Dcnnj Scores the Railroads for an Apparent Exhibition of Bad Faith. The City Advised to Adopt Heroic Measures Resardins the Building of the Proposed Meridian-Street Viaduct ilinorilatters. Democracy was at a discount in the Common Council last night, the party primaries doubtless demanding more attention in the minds of Democratic councilmen than the interests of tho city. About every ten minutes after Mayor Denny called the meeting to order a Democratic member strayed in, Sim Coy heading the list. The first business that was taken up was tho hearing of communications from city officers. Mayor Denny offered the following communication and recommendation, which was received and adopted: To the Common Council and Board of Aldermen: (icntlcmen The foreism delegates to the International American Congress, to convene in Vt'ashinjrtou next month, will spend the 1st day of November lu this city. In connection with a representative of the Board of Trade, I have had some correspondence with the Department of fctate concerning their entertainment while here. At a meeting "of the governors of the Hoard of Trade, held to-day, a programme was aerecd on for the reception and entertainment of these distinguished visitors, which, if carried out, will be creditable to our city. I was asked to Invito your honorable bodies, representing tha city proper, to unite with the Iioard of Trade, In arranging and providing for this entertainment. The proposition of the Board of Trade is that the expense, which will Crobably bo about sjJOO, shall be equally divided etwten it and the city. I recommend the acceptance of the proposition, and that you nanio a proper number of your bodlen, say Ave from the Council and three from the Board of Aldermen, as a committee to act with the Board of Trade in this matter. Tho councilmanic committee, provided in tho above, was composed of Councilmen Swain, Markey, llickiin and Pearson, with Mayor Denny as chairman. Mayor Denny then read the following message: Ocntleraen of the Common Council I desire to call your attention to the long delay of the Union Hallway Company In commencing tho work of constructing the viaduct provided for in general ordinance o. 3of 1886. Since the condemnation of the twenty-foot strip of ground along the eatt side of the lirst alley eastof Meridian street, between Georgia aiid bouth streets, to provide room for the viaduct, I have had several talks with repres entatives of the Union Hallway ComIiany concerning this matter. Many excuses lavo been offered for the delay in commencing the work, tho principal ono being that some of the rropcrty-owners had taken appeals from the assessment of damages awarded by the city commissioners, the company's otlicials expressing the fear that unreasonably excessive damages might be finally awarded, which the company would then be compelled to pay. Some months ago I ascertained, however, that nil tho persons who had taken appeals were willing to accept the amounts already fixed by the city commissioners or by the court on appeal, respectively, in order that work might not bo longer delayed. This fact was communicated to the officials of the Union company. I awaited the regular annual meeting of the company, which occured in July, supposing that tho directors would then order the work commenced at once. To my great surprise, however, I noticed in the city papers on the morning after the directors' meeting had adjourned, that Instead of favorable action having been taken, one of the directors had made a bitter and denunciatory speech against the city orlieials for presuming to ak the company to build the viaduct at all. I at once saw the city attorney, and. after a consultation, we agreed to call upon the directors at an adjourned meeting which had been ealled for a few days from that time, and arranged whh a resident director to notify us of the time during their session when wo could be heard. We were not notified, however, but by keeping strict watch of tho movements of the directors, we were successful in getting as near as an ante-room to where the board of -directors w ere in session. Our cards, which we sent in by the porter, were returned with the Indorsement that the board was in session, and we could not be seen. We insisted that the porter should return and ask a certain member of tho board to come out for a moment. This request was complied with. After making known our business to the director referred to, he kindly sent in for a gentleman who was, in the absence of President Iugalls, representing that otlicial at the meeting. We were accorded a short interview by these two officials, and being informed by them that Mr. Ingalls, as president of the boards, had the entire matter of building the vifCUuct in his own hands, we, of course, did not longer Insist oh being admitted to the meeting,- as no good could have been accomplished. We were assured by 3Ir. Ingalls's representative that it would only be a few days nntil that gentleman would be in the city, and that he would arrange or a meeting between us at that time. Fearing that the gentleman might forget the matter, I wrote an official letter to Sir. Ingalls, telling him of the arrangement, and took occasion, at the same time, to fully lay before him the feeling of tho city officials and tho people concerning the long and unnecessary delays of the company in beginning work. On the 5th day of August, Mr. Ingalls officially answered my letter. I hero quote it: 'lion. C. S. Denny, Mayor, Indianapolis, Ind.: "Dear Sir I have yours of the 2nd. I really have not had time to look into the matter of a viaduct, but I gathered from Mr. McCrca's remarks at the lat meeting of the board, in which I understood Mr. Malott concurred, that the city did not caro about having a viaduct constructed. 1 have, however, sent your letter to Mr. McKeen. vice-president of tho Union railway, and asked him. to kindly take it up Mith you, as he Is more familiar with these matters than I am." In a postscript, Mr. IngalU says: 'I can assure you that we are anxious to do anything and everything that will promote the interests of your city, as your interests arc ours." A day or two after the receipt of tho above letter I received a brief note from Mr. MeKecn, saying that Mr. Ingalls had referred my letter to him, and that on his return from a two weeks trip, already arranged, he would be glad to confer with mo about tho viaduct matter. I have not since heard from Mr. McKeen, although his letter was written Aug. 0. Mr. IngahVs letter very much surprised me, and I again wrote to him concerning the matter. Before writing this letter, however. I hod learned that he had been in the city, but had gonewithout notifyiug the city attorney or myself, as his rcprefe ntative had assured us should be done, and as I had personally requested. I reminded him of this failure to send for me when here. lie answered me on Aug. 17, stating that he had not had time to see mo when here, and added: "I shall be there, however, for soino time, and also Mr. McKeen, on, I think, tho 3d of September, and will then bo glad to meet you." I understand that ho and Mr. McKeen were here at the time named, but I have not yet seen them. If any action has been taken by the company, looking to the building of tho viaduct, I do not know, it; and, juaging from the action and statementsof the compauy's official?, outlined above, I feel justitled in presuming that nothing will be done without further action by you. I have, therefore, thought it proper to present this matter to you in the way I have, that you might be fully advised ns to tho attitude of the company, and in order that delinite action may be taken on the subject. I have prepared a resolution, which I now present for your consideration, deeming it properto give the company time, until Oct 10, to notify us of its intentions, if it shall not. by that time, have given this body some reasonable assurance that it will speedily comply with its contract with tho city, I recommend that steps bo at once taken to cause all the extra tracks laid across Meridian street to be removed, and that the city attorney be directed to take such legal steps as may be necessary to compel the company to carry out its contract. Tho following are tho resolutions referred to in the Mayer's message: "Whereas. The Union Railway Company h as unnecessarily delayed the construction of tho viaduct over its tracks between Meridian and Pennsylvania streets, as provided for In general ordinance No. 30, of 1SS(. and has, without antborUy, -laid many additional tracks across Meridian street, thereby greatly increasing the hazard to life and property, the city not haviug ordered them removed Iwcause of the company's promises to speedily build the viaduct; and "Whereas, It has Wen made to appear from the recent conduct of the otlicials of said company that no steps are being taken. by them to comply with the contract "mado with the city concerning said matter; therefore, "Kesohed, That the city attorney be and is hereby instructed to take the necessary legal steps to compel said company to Immediately construct said viaduct, and to cause the removal of all additional tracks laid across Meridian street eince June 14, is$t, unless assurance? are given to him by Oct. 10, lbSU, that said viaduct will be speedily built. Resolved. That h copy of this resolution be sent by the city clerk to the secretary of tho Indianapolis Union Railway Company as so6u as it shah be adopted." Tho introdnction of the resolutions at tho close of tho Mayor's message caused some discussion. Councilman Tnisler appealed to the city attorney on a question of his willingness to comply with his duty. 'I am in favor of the resolutions," ho said, if the city attorney will do as he is ordered. If not, I am in favor of securing another attorney who will. 1 am glad to see that the Mayor has taken tho matter in hand; but before I vote on the question 1 waut to bo assured that the provisions of the resolutions will bo carried out." "I have never," replied City Attorney Taylor, "disobeyed a single order of the Common Council; nor have I ever lost a case for the city. 1 have always acted con

scientiously in my work, and I shall try to do so in this matter. Uut I will not order the city engineer to do anything except in accordance with tho ordinances which you pass yourselves." Councilman Swain said: "We havecomo to this matter in a legal way. The Union Railway Company has evidently violated its contract by laying additional tracks across Meridian street, and I am in favor of the resolutions." The resolutions were passed unanimously. City Attorney Taylor reported MfWU5 in bank to the city's credit as accrued from the additional .ir0 liquor license. The City Clerk reported warrants drawn for August amounting to $06,003.61. An ordinance was introduced appropriating SS40 for the payment of interest upon the bonded indebtedness of J tho city on Sellers farm bonds, duo Oct 1. The rules wero suspended and the ordinance engrossed and passed on a second and third reading. Councilman Darnell, chairman of the committee on railroads, asked for further time in reeard to the West Indianapolis electric line matter which was granted. Councilman Trusler introduced an ordinance for the laying of a brick sewer, three feet in diameter, along Shelby 6treet, from Arlington street to Pleasant runv and for the laying of water mains along Woodlawn avenue, from Linden to Keed street. Tho Council then adjourned. GOVERNOR HOYEY AT HOME.

He Was Greatly Pleased with What He Saw on His Western Trip. "A most delightful trip," was .Secretary Roberts's reply to a Journal reporter's query anent Governor Hovey's visit to Wichita and Arkansas City; "We arrived in St. Louis Monday evening, and upon our arrival were met by a committee, consisting of Governor Francis, Mayor Noonau and Mr. Kcnnard, and escorted by them to tho St. Louis Exposition building. After inspecting tho exhibitions, a banquet was tendered us in tho Exposition hall. Tho following day wo wero shown about the city, and visited buveral places of interest, among others, Shaw's Garden and Forest Park. "We left St. Louis on Tuesday over the Frisco lino for Arkansas City, Kan., under tho chaperonage of Mr. D. Wishart, general passenger agent, and arrived at our destination Wednesday afternoon. All along the route we wero met hy large crowds at the different railway stations, who received Governor Hovey with the utmost enthusiasm. The Governor delivered a number of speeches, speaking generally on the line of service pensions to soldiers. The Governor's recention at Wichita was a perfect ovation. He met with a number of old comrades whom ho had not seen since the war, somo who had ought under hint, and men whom he had recruited himself. His reception was' extraordinary in many respects. The people appeared to feel that ho was the champion of tho soldiers, and the resignation of Commissioner Tanner at the time of the visit seemed to heighten tho feeling. 'Arkansas City is one of the most remark able places in tho Western country. It is only eleven years old, ,with a population, of 15,000. Tho public buildings aro equal to any in Indianapolis. They have electric lighting, street railways, three daily papers, and elegant private residences. "During our visit we met Senator Ingalls, who delivered a very strong speech in favor of service pensions for soldiers, and he stated that be would introduce a bill into Congress to bring it about. The Senator is tho brainiest man in Kansas, and has been in public life since 1S72. While, however, a great many people in Kansas look upon him with high admiration for the excellent services he has rendered to his country as a representative in the Senate, a large number in Kansas are opposed to his re-election because of his views upon prohibition. His position is that as long as people vote for prohibition, prohibition laws must be respected, but .he is not one of those who, becauso tho law is violated, wants to kill tho violator. There was 6ome talk of putting George R. I'ecji forward for tho senatorshlp next timo. Mr. Peck was formerly a member of Congress, is a very brilliant man, und a great orator. Peck and Ingalls are possibly tho strongest pair the State can produce. "Wo were entertained during our visit by a war dance executed by the Osage tribe of Indians. They are a rich, powerful body of men, and appeared in all the glory of warpaint and other savage ffstheticism. We arrived in the city yesterday morning at 4 o'clock, but did not leave the car until 7, all of us very much pleased with the trip." PREPARING A WELCOME. Board of Trade Committee Discusses Methods for Entertaining South American Delegates. A full meeting of the reception committee appointed by the Board of Trade to consider the best method of entertaining the South American delegation to tho international congress, was held yesterday afternoon at the Exchange Rnilding. President Tanner occupied the chair, and Mayor Denny was also present to confer with the committee. Secretary Gillctto was instructed to correspond with Mr. Curtis, secretary of the General State Department, to get particulars as to tbe number of visitors who may be expected, and glean any further information that he could upon the matter. There was some discussion as to the business done by local merchants with South America, and tbo matter of placing goods on exhibition at the various manufactories duticg tho visit of the delegation was also taken nuder consideration, butnothintr defi nite Was decided upon. Suggestions wero also made that the daily papers on tho day of the visit, which is fixed for Frida3, Nov. 1, should publish items regarding themanufactnres aud business of the city which would necessarily interest the delegation. Tho arrangements for tho entertainment formulated by the committee and subject to any changes that they may see tit to make are that a breakfast bo tendered the visitors at one of tho hotels, and afterwards tho visitors willt bo escorted around tho city in carriages to view tho various places of interest and visit the principal manufacturing establishments and business houses, the entertainment to wind up with a banquet. This programme will, however, be subject to the time spent by tho visitors in this city. To-morrow afternoon a meeting of tho railroad and transportation committee and the local mercantile interest committee will be held in the Board of Trade othee. Tho gentlemen who compose the committees aro urgently requested to be present, viz.: linilroad and transportation I. S. Gordon, Geo. C. Webster, jr.. Sam B. Sweet, Henry B. Smith, Ford Woods, J. C. McGettigan and W. K. Hill. Local mercantile interest Albert Gall, W. 1). Cooper. J. C. Shaffer. J. T. Brush. U. W. Cathcart, F. D. Stahlnaker and P. H. Krauss. 1 The Wilder Brigade Keunlon. Tho train conveying tho members of tho famous Wilder brigade to the origade's reunion at Chattanooga will leave here at 6:30 o'clock this evening, and will carry about four hundred of the veterans. The cars will be handsQnely decorated, and streamers designating them as tho "Wilder brigade train" will adorn the sides. The Whiteland Military band, one of the best organizations in the State, will accompany the boys, aud a great time is anticipated. The party will include veterans from Indiana, Illinois. Wisconsin and- Michigan. General Wilder has arranged steamboat excursions up tho Tennessee river, and has taken great pains to insure a pleasant reunion for his old command. . 31. Backus still has a few sleeping berths reserved for members of tho Seventeenth and Seventysecond Indiana veterans. Escaped United States 1'rUoner Itecaptured. Sergeant Brennan arrived in the city yesterday afternoon from Fort Leavenworth, Kan., for the purpose of taking into custody Erastus Fletcher, who escaped from tho military prison, in connection with the fort, five years ago. Fletcher has been a resident in the north part of this city for some time, and was arrested Saturday by United States Deputy Marshal liobinson. When he made his escape from prison hedjnnly a month of his sentence to served

BAHAYAY BLACKBOARD LAW

It Is Declared Unconstitutional for the Third Time by the County Courts. Opinion of Judge ilcGregor, of Putnam, in Which the Penalty Clauses Arc Shown to Be a Violation of the State Statutes. The act of the Legislature giving to prosecuting attorneys one-half of all 6ums they could recover from railroads for failure to put up blackboards and report whether trains arc on time has been held unconstitutional by Judge Briggs in Green county, by Judge McGregor in Putnam county and by Judge Paigo m Clinton county. Judge Paige holds that tho law is unconstitutional ',1.) Becauso it is not a regulation within .the police power. (2.) Because it diverts penalties which, under the Constitution, should go to the school fund and gives them to the prosecuting attorney. (3.) Because it makes the prosecuting attorney an interested party in tho administration of the criminal law, in addition to the reasons stated in tho opinion of Judge McGregor, rendered at Greeneastle yesterday. The cases before Judge McGregor were those of the State of Indiana vs. the C. C, C. &. St. L., the T. II. &. I., the L., N. A. &. C. and the I., D. & W. railway companies. His opinion is as follows: The complaint tiled in this court against tbe ratlroad company is a snlt against the corporation to recover a penalty on account of nou-com-pliauce with the act of March 1), lyrtl), which became a law May 10, and wLich is entitled "An act to require railroad corporations, companies orpersous operating within, the State of Indiana to give notice at stations whether passenger trains are on schedule time or not, and altixing a Tonally for violation of the provisions of the act. ' That the Legislature has the risht, under the Constitution, to regulate the manuer in which a railroad corporation shall conduct Its affairs, when tho management involves the convenience and welfare of the general public, I have no doubt. It is urged that this act violates Section Ot, R.S. 1831,'of the hill of rights, which provides that excessive lines shall not bo imposed.". Upon the tastr investigation that has been given this objection to the law I am not prepared to say that a line of '25, to bo assessed against a railroad corporation for a violation of an express legal duty, which Involves the convenience of the cmblic. is either excessive or oppressive. Whether fines and penalties are unreasonable and oppressive, must rest largely with the Legislature. 103. p. 135; 10:1, p. 1)3.) Tho fact that the corporation hjs persisted in its repeated violations of tho statute until the penalties aggregate a large um is no fault of the law, and is no argument to my, mind that tho penalty of flxed In the law for each violation, is excessive and in conflict with tho provisions of the Constitution. Such an objection could be made against anr penal statute. It is also contended by counsel for defendant, that this act conflicts with Section 2 of Article 8 of the Constitution, which provides that all "tines for breaches of the penal laws of the State, und all forfeitures which may accrue shall go into aud form a part of tho commonschool fund-" The tines and forfeitures mentfoned in the Constitution certainly relate to the tines and forfeitures which are assessed aud accrue under tho criminal laws of the State, and not to the penalties imposed in statutes of this character. (10S Ind., p. 135.) Penalties assessed for non-rayment of taxes do not belong to the common-school fund, but go to thecountv. See Michener, Attorney-genenul, vs. Hancock county, not reported. 1 Tenalties of this chara3tcr do not belong to the common-school fund, in my Judgment, and the Legislature has the power to create and control such penalties, and tbe right to direct to whom they thall be paid and for what purpose they may be ued when collected. If, nowever, we concede that the penalties imposed by this act bolong, under the Constitution, to the commonschool fund, then we could not hold it to be open to the constitutional objection pressed, for the reason that tho act provides that the one-half of the penalty so collected f hall become a part of the common-school fund. It is true that it requires the penalty so received to be paid over to the county in which 6uch proceedings are had, but it does not follow that because it is to bo paid over to the county that It was the intention of the Legislature that it should do used in the county, nor docs tho language import such a meaning. All lines and forfeitures collected under the criminal laws, and which unquestionably belong to the common-school fund, are paid over to the county in which they are collected by express provision by law. Sec. 5849, K. S. 1891. J A careful reading of the act under consideration discloses the fact that the only duty imposed upon "corporat ions" bv the letter of the act is "That every corporation operating a railroad within this State shall, immediately alter tho taking effect of this act, cause to be placed in a conspicuous place in each passenger depot where there is a telegraph ofilce, a blackboard, at least three feet loug; and two feet wide." The statute nowhere provides a iorteiture or penalty In case of a failure to comply with the above enjoined duty. The performance of no other duty is required on the part of the corporations by the terms of the act. The duty imposed, causing certain matters of Information to be written upon the blackboard, is limited to oompany and person, and docs not extend to corporations by the letter of the act, but by naming only "company and person" impliedly excludes corporations. The duty required of companies and persons in the act can only be mado to apply to corporations by giving to the act such a liberal construction as would not bo warranted, in our opinion, by the authorities, in construing penal statutes, for statutes of a penal character must be strictly construed and cannot be extended or enlarged by construction so as to give them a meaning unnatural to the scope of the lan cu a ire and meaning of the words employed lu the statute itself. A court cannot create a penalty by construction, but must avoid it by construction, unless it is broiiKhtwithin tho letter and necessary meaning of the statute creating it. If we are right In the conf.ruction of the statute that the act nowhere, by its terms, requires corporations to cause, the information concerning the arrival of trains to be written upon tho blackboard, then tho falluro upon the part of the corpoi-ation to impart such information by means of the blackboard Is no violation of a legal duty, and when no legal duty has been violated, no right of action to recover s penaltv can be maintained. Ijntertamintt this view of the law, I am of tho opinion that the complaints in the several eau?es do not aver facts which bring the eases within the letter and spirit of the statute, and, therefore, sustain de7 murrcr to complaints. The Cotrt Kecord. 6UPERI012 COUUT. Room 1 Hon. Jfapoleon B. Taylor, Jndge. Mary A. Mathews vs. Wm. M. Morarity: Eossessiou. riaiutili' given possession and v9 damages. Thos. J. Sntphiu vs. AI Kight et al.; on mortgage. Cause dismissed. Marj- Ivlino vs. City; injunction. On trial by court. Koom 2 Hon. D. W. Howe, Judge. Amelia Minkner vs. "William Minkner; divorce. Suit dismissed. Jamison Kecor vs. Leak et aL On trial by jury. Room S Hon. Lewis C. Walker. Judge. William A. Gant vs. Prudential Insurance Company of America; for money received. On trial by a jury. ,Yp Suit Filed. Joseph Harris vs. Nancy M. Harris; divorce. Allegation, cruelty, abandonment and infidelity. CIRCUIT COURT. Hon. Livingston Ilowlaud, J udge. William II. Talbott et al. vs. the Western Union Telegraph Company and the City of Indianapolis. Demurrer to answer carried back to complaint aud sustained. Alfred Denny vs. Patrick Tobiu. Special finding in favor of defendant. Eliza Hooker vs. Charles Melling. Allowed in the sum of State ox rel. I. M. Foster, guardian, vs. George W. Bndd et ai. Motion for change of venue from county filed. Albert (Jail vs. Martha Julian; claim. Dismissed by plaintiff. Fred Deem vs. James A. Miles. Dismissed for want of prosecution. Xew Suit Filed. Nettie L. King vs. Nellie A. Kinget al.; to sell real estate and petitions for construction of will. CRIMINAL COURT. Hon. William Irvin, Judge. Stato vs. Thomas Sage; grand larceny. Plea of guilty entered, and sentenced to one year in State prison, disfranchised, and fined SI. Castleton Doesn't Want a Suloon. Nearly tho entire population of Castleton, a suburban town, was in the County Coinmi8sioues, Court yesterday to protest against the granting of a liquor license to one David 11. Valaningham. The latter has for some time been conducting a 6aloou at Fisher's Station, several miles north of Castleton, and. it is said, he has repeatedly violated the Sunday and legal holiday law. He concluded to move to Castleton and applied for a State licence. This called forth a remonstrance, signed by nearly 150 residents of the town, and the matter was submitted to the countv board. W. W. Woolen and Arthnr 13. Brown were attorneys lor the rvinonstrators and B. F. WatU rep

resented Valaningham. The entire day was spent in listening to testimony, nnd the case will be argued this morning. Dr. C. W. Frink. a physician at Castleton, was seen in the court-room by a Journal reporter and asked regarding the exact condition of allairs. "The remonstrance is based," he said," solely upon the opposition to any saloon in our town. It is nonpartisan, and is signed by men who are themselves addicted to the habit of drink; at least, so 1 am informed. ou see, tho matter stands this way: We have a town that is in an excellent location, and its good law and order is ono of tho things we pride ourselves opon. I can safely say almost everybody is opposed to any saloon coming in at the present time." "Havo there never been any saloons in Castleton?' "Yes; twenty-five years ago there were two, but the women of tho place armed themselves with hatchets, chopped open the barrels, and afterward voluntarilypaid" their fines. I am told that the feeling is as strong now as it was then, and if the commissioners grant the license the matter will bo carried to the higher courts." AHUSEMEXTS. GRAND OrERA-IJOUSE JOI5 EMMET. The popular German dialect comedian, genial and inimitable J. K. Emmet, in a new drama, "Uncle Joe, or Fritz in a Madhouse," drew a large and fashionable audience to the "Grand" last evening. The piece affords full scope to the personification aud grace of this natural actor. It is replete with comicalities, and the absurd situations of the third act would tickle the risibilities of tho gloomiest hypochondriac. "Uncle Joe" is by far the best piece, and more adapted to the powers of its chief exponent, than any other play in which this actor has hitherto appeared on the boards. The appearance of Plinlimmon, the huge $5,000 St. Bernard, and a support superior all around to any which has accompanied him heretofore, combine to make "Uncle Joe" a sterling and high-class attraction, well worthy of tho theater-goer's patronage. Mr. Erame has not lost any of his oldtime vocal power, and the interspersion of his own musical compositions is a pleasing feature of the piece. The scenery, too, is good, and in full accord with the production. PARK THEATER THE SEA OP ICE." Miss Annie Burton, supported by the Leslie Davis Ideal Dramatic Company, opened a week's engagement at the Park Theater yesterday, appearing in the dual role of Louise de Lascours and Orgarita in "The Sea of Ice." Despite the bad weather the house was crowded at each performance, and the audiences displaced much enthusiasm over the production of the wellknown spectacular piece. Tho drama is put upon tho stage in an admirable manner, the scenic ellects being all that could be desired, and the leadhig characters aro forcibly sustained by the company. Miss Burton is a young actress who shows good training, and is evidently a woman of talent. She was particularly strong in the' dramatic situations, and was several times called before the curtain. "The Sea of Ice" will run until Friday, when "Dad's Girl" will replace it. NOTES. Hanlans "New Fantasma," with all of its wonderful scenic effects, will be at the Grand next week. W. G. Shiythe, business manager of "Tbe Burglar." which will bo the attraction at English's next week, is in the city arranging for the engagement of his company. Happy Cal Wagner, Billy Birch and Cool Burgess aro tho leading members of the minstrel company that will bo at English's the last two nights of the week. A regular old-time minstrel performance will be given. ' "Mamma," Grattan Donnelly's new farcecomedy, with Amy Ames and Frank Deshon in the company, will be Keen for tbo first time in Indianapolis at the Grand Operahouse on Thurstrty night. The engagement is for four performances. - A. L. Tahok, for four years -with Geo. C. Pearson as piano and orgau tuner.has gone into business for himsolf. All orders will have prompt attention. A. L. Tabok, 4 Lock Box 5, Indianapolis, Ind. Jireineke'8 School of Dancing, Nr. D. B. Brenuckc has reopened his Dancing Academy, 82 Hj North Pennsylvania street, and will receive applications this week at any time, for new classes, now formiug. Latest Xeics. Tho Martinsville artesian mineral water for sale at 10 cents per gallon, or 75 cents a case, at 3U Hast Market street. Fall style hats now ready at Scaton's Ilat Store, 25 North Pennsylvania ttreet. Ammunition. We are agents for tho Etna Dynamite, American Dead hot nnd Blasting Powders, and otter same at manufacturers' prices; also, blasting caps, fuse, etc., etc. Call or send for prices. Agents for Howe Scnlo Company, Hill's sliding Inside blinds. Special inducements on builders hardware. Dildefraxo & Figaie, 52 8. Meridian st.

It is a fact Umt we are making very low prices on "ALASKA" liefrijreriitors to close mt the few w have left. It wiUpay to see a It yoa want a .Borrigerator. We have the dhbi Natural-gas Stoves In the city. Quick.Mal" Gasoline Stoves. WM. II. BENNETT fc SON. 38 South Meridian St SILVER SUGGESTIONS. Silver tea and coffee pots are ornamented with Japanese characters in silver oxidize, and are quite a fad- We are getting in now a new lot of silverware of the celebrated (J or ham Company's poods, which rovers a wide range of articles In ell the new designs. We advise you to inspect It now, and select your holiday present now and have it laid away.

Ik

DISCOUNT SALE

SEAL PLUSH' CLOAKS ?15 Cloaks Discount Sale $9.50. $18 Cloaks Discount Sale $14. 822 Cloaks Discount Sale 817. $28 Cloaks-Discount Sale $22. 825 Cloaks Discount Sale i. This we do in order to pay the trade for goinp on North Illinois street, where rent is cheap. Largest and moat complete line of Cloaks in tho State.

RIJNLK

, The Only Exclusive Xos. HO and S2 NORTH ILLINOIS ST..

INDIANA PAPER COMPANY, Manufacturers, New, Book, Manilla, Straw and Ilair Wrapping Paper. Paper Bags and Flour Backs. 8end for piicea SI to 25 East Maryland Street. tf "'1 he paper npon which the JOUIIKAL la printed Is made br this Company.

FUNERAL DIRECTOR KREGELO 125 North Dolnwaro Street.

TELEPHONE 5C4. More and liner Cream from tho saine amount of material can te made v1h tho WHITE MOUNTAIN FHEE2JH than :ftiy other.

OYSTER SE-SOISjr-1889 TAGGART- BUTTER CRACKERS PARROTT & TAGGART, BAKERS. CARPETS AND DMPEEIS NEW AND BEAUTIFUL.

ALBEET GALI

W.'T. WILEY & CO. 4S and 50 North Illinois street.

Wc placo on salo this niominc: 25 pieces 38-inch Wool Dress Cloth at 19c per yard, worth .Ioc. 40 pieces SS-inch Wool anil Silk Mixtures at 23c per yard, worth 4oc. 40 pieces 40-iuch all-Wool Henrietta Cloths in all tho new shades at C9c per yard, worth 00c. French Henrietta Cloths at 49, CO,' CO, 75 and 65c per yard, are special bargains; 6eo them. ' 50-inch Wool Cloth at COc per yard, worth 75c , ' See our cut prices on Black Goods. We can save you money. 200 Ladies' Cloth Jackets from 81 up; see them. 100 Ladies' Cloth Newmarkets at $2.9$. worth 5. Seo our Child's Cloth Cloaks, with capes, at 9Sc. Genuine Seal Plush Saeques at $12.50, worth $25. Money saved Dy seeing our goods and prices to-day. W. T. WILEY & GO. 48 and 50 North Illinois street GOLD WEATHER" And with it crowds that throng our elegant Cloak Department, replete with all the latest styles in Ladies' Newmarkets. Ladies' Jackets. Ladies' Plush Jackets. Ladies' P2ush Saeques. Children's Cloaks of all kinds. Infants' Wearing Apparel in flannel, cloth and cashmere wraps. DEESS GOODS AND SILKS. All tho latest shades in all tho fashionable goods. Seo tho prices and yon will bo convinced that wo save you 25 per cent. D. J. SU1LIYAK&C0 6 & 8 West Washington St GATES BLENDED JAVA COFFEE Is tho Cream of all tho Packago Coffees. For sale by leading grocers. We ask you to try it. 5.V PACKED BY A. B. GATES & CO. INDIANAPOLIS. REAL ESTATE The best piece of business property in Indianapolis, at tho price, is tho Vanco Block, at the corner of Washington 6trcct and Virginia avenue. Stone building, with new rapid elevator, steam heaiy and every convenience. For price, terms and details, see JNO. S. SPANN & CO., S6 East Market Street Cheapest Furniture House in the State. JOSEPH W. CONNOLLY, DEALER IX Furniture, Stoves, Carpets, Etc, ' C8 East Washington Street. r"Good sold for Cash or Loton Easy rrmcnt KEW BOOKS. Uncle Peter's Trust. Terry f l.OO Cnssy'n Endeavor. Tansy" Klaieand the liaj-rnrndr. Martha I Jnlej-.. 1.2.S i.r.o 1.00 1.63 Luke Walton, Horatio Aljer, Ir Deh and th Ducheaa. L. T. Meaile , llow Men Propose. A imei Steven , The Land of the Pueblos. Mrs. Lew Wallace.. Taken All ve P. X Hog. ........ bent postpaid on receipt of price. CATliCAIiT. CLF.LAXD & CO., Jti East Washington atiret OP - RINK'S, Cloak House in the City. just a few doors north of the Hates House. Free Ambulance, f TUTY & STUVAKFR AfrTS J -Wkl & OlALiUUm, -tUJAO., 64 EAST WASHINGTON ST. 4 0