Indianapolis Journal, Indianapolis, Marion County, 27 November 1892 — Page 3

THE INDIANAPOLIS JOURNAL, SUNDAY, NOVEMBER 27, 1892.

MB. FRENZEL CONFIRMS IT

He Says lie Telegraphed His Resignation to Mr, Allerton Friday Evening. Th8 Caw of It Was ths Sale cf the StreetCar rrepriy to tb bhaffer Syndicate What Frenzel Has to Say. The Journal' exclusive announcement Te8terds7 morning that John P. Frenzel, president of the Citizens Street-railroad Company, had tendered his resignation by wire to tne directory, was yesterday confirmed by do less distinguished authority than that gentleman himself. In an interview appearing in his personal organ, yesterday afternoon, he eaid: "It Is true tbat I ent my resignation to the board of directors of the Citizens' street-railroad Cipany lass nljrht. I did this by wire to Mr. Allerton after 7 o'clock. I presume Mr. Allerton did not get the telojtram until about J o clocK. Xo one ele knew of the fact except iny brother Otto, who took the teleirram to the I'ostal telecraph oftice. Neither of the thre pcrons said a -word atxjut It to anyone, and I am forced to the nupleaaut suspicion that the leak occurrertln the 1'ostal telerapn ofilce. either here or In Chicago. ThJa Is not only serious, but reprehensl. ble. Business urn like to leel that the privacy of their teiecraphlo communication Is secure. I hate seen the maLafer of the Postal Telegraph. Company, and he la now Investigating the matter.It it bat fair to say tbat the Journal did not set its information from the I'ostal telegraph office or anybody even remotely connected with it. Mr. Frenzel hasjumpod at a hasty conclusion, and made a serious accusation without any ground for it. As is seen by the above Mr. frenzel's greatest regret is not over the fact that his resignation was in order, bat that the tenderof it was made pablic Continuing, Mr. Frenzel said, concerning the Allerton deal: On last Tuesday Mr. Allerton concluded to buy all of the stock of those wishing to sell, which was more than a majority, and put up his check for $100,000 as earnest money. The necessary papers were all aliened by 5 o'clock that day. It was the desire of Mr. Allerton to associate with himself a number of Indianapolis gentlemen, and I was to see some of these and ascertain If they desired to participate in the ownership of this property. I saw a number of gentlemen on Thursday and yesterday, and each agreed to Join Mr Allerton. I have no doubt that 1 could have succeeded In placinc considerable of the stock la this city. I had not tried this before, as it was understood last May between the directors and myself that the present stockholders desired to retain their holding, and would refuse to entertain any proposition looking to a sale. Late yesterday afternoon I received a telegra u from Mr. Allerton indicating his purpose, with the consent of the others Interested, to chance his plans, and thereupon concluded It was due to myself to resign. To a Journal reporter, last evening. Mr. Frenzel said the interview Quoted above was correct and expressed his sentiments. As stated before, the cironmstancos that brought about Mr. Frenzel's resignation, following immediately after bis utterances that Mr. Allerton bad secured a controlling interest In the stock and there would be no change in management of the road, were the successful efforts of Mr. J. C. Shafier in closing an option held by him for a syndicate composed of Messrs. Verner, McKee and Mason. This option, npon which a forfeit had been put up, bad not expired when the announcement came that a sale of stock was contemplated to Mr. Allerton, and Mr. Shatter was quick to act. The price to be paid by the Shatter syndicate is 3.50.C00 J 150 a share for the stock and 81,000,000 for the bonds. Mr. Shatter has not yet returned from Chicago, where he ha9 been since the early part of the week, but it is believed that he will assume the management of the Citizens' company as soon as Fresiden t Frenzel's resignation takes effect. Although the Pittsburg capitalists who compose the syndicate control a great deal of money, it is not known what their policy will be in tlf matter of improvements. FORGED ENCYCLICAL. EMicuJcES Statements attributed to the Fcpe Father Bessonies Surprised. Seeing in a paper called the Progressive Thinker what purported to be an encyclical letter of the Pope, dated Dec 25, lb91, which contained some very remarkable declarations, a Journal reporter called the attention of Vicar-general Bessoniea to it, reading the following extract: Moreover, we proclaim the people of the United States of America have forfeited all right to rule said Republic, and also all dignity and privileges appertaining to It. We likewise declare that all subjects, of every rank and condition In the United gtates, and every Individual who has taken any oath of loyalty to the United States, in any way whatever, may be absolved from eaid oath. On or aUout the feasts of Ignatius Loyola, in the year of our Lord, 1893, is will be tho duty of the faithful to exterminate all heretics within the Jurisdiction of the United fctates. "Do you mean to say," asked the astonished prelate, "that you have found that in an American paper!" Ves," replied the reporter; "it was shown me to-day by a man who had read it and was somewhat excited oyer it, and he is an intelligent man." "I cannot comprehend it," the Vicar-general went on. "Nothing of the kind was never mined. It is nonsense, and It seems impossible that a man of intelligence could believe it. Von must know' continued he, "that Pope Leo is greatly pleased with the Republic of the United States, having freqneutly so stated In his letters and other declarations. lie would regard any national trouble in the Kepnblio as a great calamitv. "1 am glad to think." the Father went on, "that there is noneof this hostility on the part of intelligent Protestants. Governor Chase, on the occasion of the meeting of the .National Catholio Temperance Union here, expressed what we believe to be the sentiments of all intelligent Protestants toward the work of the Catholic Church, and in the associated charities I find nothing bnt a broad and kindly spirit." Keferring to matters in the city, tho charity work and public morals. theVieargeneral said: "I am in favor of bisber licenses for saloons than are now required, as higher license would shut npmany of the places which do most mischief." NEW TARTY VOTES. What the Populists and Prohibitionists Cot st the Lst Il'Ction. Deputy Fecretary of State Klnsr yesterday added up the returns showing the vote cast for the electoral ticket of the People's and of the Prohibition party. The first elector at large on the People's party ballot received 22,209 votes, and the Prohibitionist elector 13,010 votes. These HKures are only semi-official, being taken from return made by county otllelal as a matter of accommodation to the board of election marshals, vrbich convene at the State-houae to-niorrovr to eanrui the vote. In one or two Instance the written nuraler and tnc numeral which had been filled in the blank space did not airree. o tbat 111 probable the exact oftrUl vote has not aa jet been published. These primary returns, however, greatly expedite the work of the canvaftluir board, of which Gov. CbiuMs and Secretary of ftato Matthews are members, and which is required to view the reports as they are made. Says Election Ilettlng Is 'ot lintnbltn?. Lon Miller and wife a few dars ago tiled suit before Justice Walpole. seeking to recover from J. D. Bremer, a saloon-keeper, $35 which the latter had wn from Miller on an eleetiun bet. Miller made the bet, and his wife says it was with her money, and demanded of Uremerthat

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he return the amount, which he refused to do. Justice Walpole yesterday held that the Millers were not entitle 1 to recover, lie held that an election was not a game of chance, and that money won upon a bet upon the result could not ho recovered in an action in court.

DECREASING CLEARINGS. Manager of Eradstreet's Unable to Explain the Nature of the Reports. For several weeks Just before and since the election the bank clearances of Indianapolis, as they appeared In the weekly reports of Bradstrcet's, have shown a decrease. Secretary Fortune, of tho Commercial Club, wrote to Superintendent Kitel, of Bradstreet's agency, asking why such should be the fact. In his reply Blr. Litel said: "In regard to the decrease of clearances as shown, 1 will say that the decrease Is apparently legitimate and evidently must come from some decline in the volume of business, or rl6e Is occasioned, perhaps, by the shifting of some bank accounts, as our clearances comprise the totals of all your city banks. I am Inclined to attribute the decrease to the latter cause as, so far as my observation goea, it strikes me that the general volume of business Is on the Increase and so legitimately there ought to be an Increase in the clearances." WAS A PROSPEROUS MONTH Better Real-Estate Business than Usual During Tliis November. Moatljr Hade Up of Small SalesThe Iron Clock Deal Demand Continues for Down-Town Property. The end of November, which is accounted by real-estate agents the last of the fall months, has closed on the most prosperous late-summer era of trade that the city has known since the panioof 1872. One agent said that the month of October was the busiest and most proli&o of sales of any of tho entire season, and of November he had no cause to complain. The cessation in tho activity and volume of demand occasioned by the excitement of the election and Its subsequent effects, owing to the change in the administration and the uncertainties of future policies. Is a thing of the past, and that activity has been renewed with a vigor nearly equal to Its former. An Immense amount of property has changed hands, but it has been lor the moat part pieces of so little value as to causo little or no comment. The one bright spot that stands out in relief is tho sole of the Irou Block by Yandes and Hubbard to John M. Butler, the consideration being $110,000. It is located at 9 and 11 West Washington street, and Is occupied by the Boweu-Merrill Company. One incident In connection with the sale, which Was consummated by C. F. Sayles, shows how the values cf down-town property have Increased within a short space of time. Last summer the same piece of property was offered by the agency of C. E. Coffin to Alpheus Snow, John M. Butler's son-in-law. for the sum of $100,000. He said at the time that it was altogether too much, and that he could not consider the purchase at that ttKure. The sale shows the difference. The demand for down-town property still continues, but the supply is small Those who hold It seem to feel that their Investments aro all that can be akcd for, and that to hold theui is more profitable than to sell. The remodeling of the Coffin Blook, on East Market street. Is opening up another lot of modern office rooms, and they are being rented rapidly, showing more conclusively than ever that the demand In that direction is still undiminished. There Is little doing in outside property beyond the exchange here and there of unimproved properties, and the usual amount of building that goes on In the winter mouths, though the latter is eomewht in excess of former years. Agents and owners in the suburbs who have been laying mines and counter-mines to induce the streetrailway company to increase the number of its rapid-transit lines, even in the few hours that it has been made public, feel that a change in tho management of that company augurs good for their cause, and yesterday saw a dealer already drawing up an outline of his wants. Hecember and February are the dullest of all the year In the realty market, and little is expected of them. The prospects for tho opening of spring trade were never brighter. It is believed by many, if not all, that next season will show a prosperity In excess of this year which this year has shown of last. Building next season promises to be very brisk, though those who have had plans drawn up and the architects will say little about them as yet, owing to ts possibility of some change In purpose or plan. The project which Is causing the most Interest Just at present is the remodeling of the Deni&on Hotel. A new wing is to be built on the Ohio-street side and an additional story put on the whole, beside many interior improvements. It will make It one of the finest hostleries in the West and swell the number of Indianapolis' excelloncles. In the erection of dwellings the most conspicuous will be tbat of Col Eli Lilly. It will be located on North Meridian street, just above Fifth, and the probable cost will be $3O,0O0. Mauy others are among the probabilities, and the prospect is that Indianapolis will soon hud her present clothes too small for her. DIG FOUR TELEGRAPHERS. Question of a Scale Will Be Settled ToMorrow No Strike Expected. A committee of the l&otherhood of Railway', Telegraphers will bo. In the city to-morrow i to censult with General Superintendent Peck concerning the schedule on the Big Four. A press dispatch from Cleveland says: "The telegraph operators ou the lines of the BU Four are anxiously awaiting the ultimatum of General Superintendent Peck concerning the demauds made by them Nov. 1. It is expected that superintendent Peck and his division assistants will hold a conference to-day in Indianapolis to discuss the situation and determine a course of action. About 05 per cent, of the operators employed by tho Big Four are members of the Railway Telegraphers' Union, and, should the company fall to comply with their.deruands, a strike of no ordinary dimensions is likely to result. If a strike is declared it is said that the engineers and conductors will co-operate." No strike is anticipated here, nor was there any conference of superintendents yesterday. An official next in authority to Mr. Peck said last night: "Mr. Peck is to-day In Cincinnati, and there was no conftsence of division superintendent. The whole matter rests with Mr. Peck, and be says there will be no strike. The Big Four olhcials know where they stand. General Superintendent Peck will advance the pay of some of the operators, but there will bo no general advance, and the statement that C5 per cent, of the operators aro members of the Hullway Telegraph Operators' Union Is not true." Mr. Fishbck' Class. Commencing with next Wednesday evening WY P. Fishback will resume his class at Plymouth Institute, and will continue on each alternate Wednesday until a course of ten lectures on the biographies of eminent men has been completed. Two men of similar characteristics will be treated each evecir.jr. The folio lug 1 tho order of the lecture: Hamilton-Jenerfton, WebsterCalhoun, Sdtnner-Dougla. Lincoln-Grant, Buckle-Mill. Voltaire-Wesley, Rousseau-Btuer-son, Iiyrou-eiielley, Burns-Carlyle. GoetheWalter bCOtt. The price of course tickets Is 1; single admission J5 cents. Small Hoy's Fortitude. Dave Anderson, a twelve-year-old boy,fellupon a pile of rails near the Union Station yesterday, where he was plavlng with a smaller brother and sister. He received an ugly cut across the forehead, and was taken to Dr. Mar-see's oflice.where the wound was wswed up. The little fellow displayed an immense amount of fortitude, and never wiuced while the Doctor was sowing the cut. Grand Opening Will be siren Monday ninht. Nor. 28. by John II. Grecnert, at his new place, 065 Virginia avenue. Mudo and choice lunch will add to the attractiveness. Modern ami handsome fixtures a rtom the place, and is presumed to be the finest lltted-up sample-room m the fctate. Everybody should attend. contains

SEVERAL PLACES RAIDED

But It Looks .13 Though the "Gams" Had Been Given Warning by Somebody. At Harry Walker's "Fakcc a One-Dollar TaUeWas Secured The Other Joints Polled Is an Afternoon Eaid & Warning? President nawkins, of the Board of Publie Eafety, didn't know that there was any gambling going on in the city after tho order to have it stopped bud been Issued. Nevertheless the gaming continued uninterrupted. The fraternity was warned, it Is said, that it would not be permitted to continue. Tho warning may not have been given with the intention of giving the gamblers sulllclcnt timo to remove their lino fixtures and paraphernalia but that Is exactly what its effect was, and that la the only effect it had. Over Harry Walkers 6aloon, cn East Court street, a suite of rooms was fitted up with a degree of ?leganoo only found in the resorts of the gambling fraternity. The fixtures and furniture were of the nneat make and everything in and about the rooms contrived to con tribute to the ease aud comfort of the patrons. When tho police, a week ago, gave notice that they would in a few days begin making their raids, all this elegant paraphernalia was removed and snngly stored away until the police should placate the public by their farcical raids. In Walker's placo a very incongruous effect was produced by the placing of the roughest kind of a cheap, round table, covered with flannel and a box of common poker chips in the room which was otherwise fitted up with the furnishings of a palace. Having fully propared for the raid, which they knew was to come, a few men were tteated at the table engaged In a mock game, calmly waiting for the arrival of the officers, who put In their appearance about half-past - o'cl cfc yesterday afternoon. The alleged raid was conducted by bcrgeants Kurtz and Barlow aud officers Corrigau and Koons. William JohusoD, (I) keeper of the game, and five others wero arrested and walked down to the police station in advance of the ollicers to avoid the appearauoe of being under arrest. The little round fiaunel-covered table, worth probably SI, was broken to pieces and olllcer Wilson, of tho wagon force, "toted" the pieces to the police station. Harry Walker signed bonds for all those arrested, which were made $lou for the players andSL'OO for the game-keeper. There is nothing to show that the raid upon Walker's was made early in the afternoon to warn the fraternity in general that they might look for a visitation, but it was a warning to them, however, and as a consequence the three raids made Immediately alter roll-call last night did not overtax the capacity of the police-station. About 7:30 a descent was made upon Kahke's "craps" room, and nine petty gamblers were arrested. Contrary to their custom, the otlicers in the raid last night took thelarc, fine 'crar&" table and smashed it to pieces with meat-cleavers. Time after time have the police raided tho place, but the "bie table," as it is called, was never molested, although the law requires all paraphernalia to be destroyed. Heretofore a smaller, cheaper table has always been brought into tho rooms when the keorcr received bis tip that he was to be raided., the small table would be destroyed, and the larger one left to continue the game upon. A few minutes after the raid at Kahke's place Olllo Lanham was called upon at his rooms on bouth New Jersey street. Here a train was a positive demonstration that the gambler had been warned, whether by the police or not is a matter for sneculat:on. There were Just three men In the room when theotncers entered. They were Lanham himself and two players. Conclusive evidence that a tip had been given la contained In this fact alone, as there is regularly employed about the rooms more than double this number of persons. There was $65 upon the table when the otlicers mode their grand rush. Sergeant HaKcrdorn's eagle eye took in tbe situation at a glanco and ho made a dash for the table and secured the money. After tbe frisoners had been slated the Sergeant became a ittle concerned about the money and ae to whether he had any right to tako possession of it. It was too late then to return it, and the 8ergreant spent tho balance of the night tnuoh In the same state of mind as the old German who, once upon a time, wanted some one to help him let tne bear go." Lewis Olliver's place, over James Jay's saloon, on South Illinois street, was also raided, and tho game-keeper and one Imie sport were captured. In each case the keeper of the game deposited cash to bail out all tho prisoners. The amount thus received was $2.00o. and on aocount of this amount of money beiog in the safe It was thought best to have an extra roan at the station during the night. Captain Dawson, therefore, called patrolman Alberts otf his beat and assigned him to duty at headquarters for tho night. CITY NEWS NOTES. License was issued, yesterday, for the marriage of Anthony Uartmann and Sophie M easing. Iiev. J. E. Brown, tho retiriug pastor of the Sixth Presbyterian Church, will preach his farewell sermon at the morning service to-day. Thero will be no service at tho Merldlan-6treet Methodist Church this evening, owing to the union service for the Charity Organization Society. The regular nervlce will be held at Meridianstreet Church this morning. There will be no evening service on account of the charity meeting at Jbingllfh's. An entertainment will be given by Myrtle Temple, No. 7, Pythian bisters, at Lorraine Hall, corner Washington and Tennessee streets, on Thursday evening, Dec. 1. Detectives Kachn and Dougherty yesterday afternoon arrested James Barrett, aged nineteen years, and slated him for petit larceny. He Is accused of havinc stolen a quantity of Iron from the rolling-mill ou McCarty street. The young ladies of the Altar Guild of St. Paul's Church will give a "D" reception at the residence of J. J. Biugham. No. 540 North Meridian street. Thursday evening. Dec. 1, from 7 to 1 1. A cordial invitation Is extended to all Iriends. . Miss Hattle H. Clevenger, the elocutionist and musician, with her pupils, will give a recital at Y. M. C A. Hall, Tuesday evening, at 8 o'clock. Miss Clevenger has studied under Professor Pinkham, of Boston, and Lucia J. Martin, of Detroit School. A Big Four caboose caught fire, yesterday noon, on tbe tracks at Haughvllle, and was in a blaze before tho fact w&s discovered. The local fire department was called out and succeeded in putting out the fire by the use of water supplied from the Ewart factory. Mr. M. U. Johnson, one of the newly-elected Representative, will speak ou "Tariff for Revenue," at tho Progress Club rooms, 19 Mansur Block, this afternoon, at 3. Mr. Johnson is the' author of a work on the taritt. and he will try to show the unjustness of a tariff for revenue. The Ladies Auxiliary to tho Brotherhood of Locomotive Engineers has decided to postpone its entertainment at English Hall from Nov. :M) to Dec. 14, on account of the fatal injury of H. H. Meyer, who is a member of the Brotherhood and whose wife is also a member of the Ladies' Auxiliary. John fiullivan, aged seventy-seven years, a flagman in tbe employ of tho Panhandle, slipped and fell upon tho pavement at ISO East Washington street, yesterday morning, breaking his right hip. Powers & Murphy's ambulance was called, and removed htm to his home, at No. 209 Meek street. Drs. Marsee and French-Mullen were called in to attend the injured man. Sergeants Barlow and Kurtz yesterday arrested Bailey 8. Wiles and T. Roct, charged with assault and battery, the former also charged with carrying conrealed weapons. Wiles, who is employed in the World's Fair, on West Washington street, ana Roct. a locksmith on South Delaware street, who was repairing a lock in tho Lorraine Building, got into a dispute over a piece of lead pipe, and Wiles knocked him down with a billy. Both cave bond aud were released. Mr. David R. Williams, who for more than a year has been in the city force of the Indianapolis News, yesterday reslirued. to tafee service with his father's paper. The Mid Continent, at St. Louis. Dnriug his 8tay in Indianapolis Mr. Williams has impressed those wtio know him as a fine type of a gentleman, and a bright and original writer, whose work shows much merit and moio promise. No reporter ou an Indianapolis par er has been better liked than he, and no mau ever left the service of the News with kindlier expressions of high regard from those with whom ne h;id been associated. At the monthly meeting of the Woman's Home Missionary Society of Roberts Park Church, held at the residence of Mrs. J. A. Johneon. tJOS Pari avenue, Mr?. K. P. Brown read an excellent paper on "Deaconess's Work," and Mrs. C A: , Van Anda gave an interesting report of the annual meeting recently held at Crand Rapids in the mtereutcf homo missions. Ten dollars was criven to tho Younc Woman's Christian Association of Indianapolis, and to tho Emigrants' Homo in New York. Reports from the New England supper given bv tho society on the loth show that it notted the society about 15. Small Fires. ! An alarm from Box 415 called the fire department to No. 473 Boutn Tennessee street at 1:32 yesterday afternoon. The shed in the rear of the premises was damaged $20 by tbe flames, which were communicated to the shed in the rear of 477, causing a loss of $J0 to this property. The property at 473 is owned bv Mrs. Welsh, and occupied by Mrs. Finnigan; that at 477 owned and occupied by Mdthew Gorman. Found Dead In a Wood-Shed. Yesterday morning Mrs. Samuel Nlckerson was found dead in a wood-shed at Wilmington, O. Sho was the mother of N. II. Nlckerson. who was bailiff In Jmlge Walker's court, and formerly resided in this city. Reception to Georgn II. Chapman Post Last evening Mrs. M. E. Wheat, president of the W. 1U C No. 10, gave a reception to the

members of George II. Chapman Tost and their families. Fully two hundred were present. While there several nominations for ollicers of tho post were made. For commander Horace Makepeace. James Dunn aud Andy Buchanan were nominated, aud for senior vlce-oommander C W. Wheat and others.

FIREMEN'S PENSION FUND Snit Testing the Validity of the Law Heard Before the Full Bench. Cover's Strange- Disappearance and an Insurance Claim Churchman to Administer the Uice Estate. The three judges of the Superior Court were on the bench in Room No. 1 yesterday, hearing argument upon demurrer in the case of the Traders Insurance Company against Auditor Henderson, to enjoin the collection of the assessment levied by the last Legislature for tho benefit of the firemen's pension fund. Several insu ance companies have refused to pay, and filed suits against the Auditor to enjoin him from revoking their license to do business in the State, In accordance with the provisions of tho act. These suits were assigned to the various rooms of the Superior Court, and tho three judges presided In t:io case yesterday as a matter of convenience to save a useless repetition of arguments. Tbe iutursace companies raise the point of constitutionality of the act, and contend that thesubjecVmatter of the act was not contained in the title, and that it taxes the property of a private corporation for the benefit of au individual without giving any equivalent. ' Attorneys John W. Kern, of this city, and Bates, of Chicago, appeared in the case yesterday in behalf of the company and Duncan & Smith and Finch 3c Finch for the defendant. The law provides that the companies doing business in this State shall, in cities having paid fire departments, pay to a board of trustees .f 1 on the $100 of their net earnings for the pensioning of the firemen and their widows In the case of death or disability ana after twenty-live years' service. Mr. Bates, in his argument yesterday, eald that It was a dangerous latitude that was given the president of the board, inasmuch as he was authorized to invest the proceeds and was not required to make a report to any higher authority, and was not amenable to any oourt in the State for his actions, but had unlimited authority. The hearing went over until to-morrow. . Cover's Strange Disappearance. Announcement was made in the Journal of Saturday morning that suit had been brought by the widow of Thomas W. Cover, of Riverside, Cal., against the Masonio Mutual Benefit Society of Indiana to enforce collection on certificate of membership held by him. The Journal Is informed by the otlicers of the society that the cause for non-payment of this claim Is because it has not yet been shown that the member is dead. . , . ( The facts in the case are these: A number of years ago Thomas W. Cover, whilo living in California and holding a certificate in the society, left home, ostensibly upon a prospecting tour. His family claim that he has never returned and since then they have never recehed any word from him. About one year ago a claim was made by them for the payment of the amount of the certificate. The society, upon receipt of the claim, refused payment - until some definite Jiroof of death was furnished, and mmcdiately commenced an Investigation. . which resulted in the discovery of what it claims is positive evidence that the person has been seen alivo and In good health In another section of the country, long after the time it was claimed that he had died. The case was then dropped, aud this suit is a renewal of that claim, and to establish whether Cover is dead or not. Investigation will bo immediately renewed, and If It Is dlsooverd that the member died within p time that would make the society liable the claim will be immediately paid. The society In this, however. Is simply endeavoring to prevent a claim being paid where a member Is, according to the best evidence it can secure, still alive, aud thus protect its membership against fraud. Churchman to Administer the Estate. Judge Brown had the matter of the legality of the probate of tne Rice will before him again yesterday In the case of Margaret Iianlon and others against Elizabeth Ryan and others to contest the probate.r The point had been finally Settled, nut as yesterday's case was filed before the decision It w as necessary to have an adjudication. The plaintiff's attorneys filed a demurrer to the answer to the petition, which, in accordance with the former decision, was sustained, and the defendant's attorneys stood upon their answer and refused to amend. The court found that the will, not having been probated in court, tho letters of administration granted to Elizabeth Ryan and Wm. I. Ripley were invalid. Win. F. Churchman was appointed special administrator, and filed a bond in the sum of $30,000 for the faithful performance of his duties. The defendants then prayed an appeal to the Supreme Court. Dispute Over a Switch. Cora Hammel yesterday began suit In the Superior Court against the Lake Erie & Western railway and Shellhouse & Co. for possession of the ground occuplsd by a private switch and to recover damages $5,000 for its detention. The switch was built by the Indianapolis & Peru railway in 1840 by an agreement with Mrs. Hammond's grantors, and at the time she purchased the property, whloh Is situated on East Washington stteet, an agreement was entered into by which the railroad company agreed to pay $5 per month for the use of the ground occupied. There was also a provision for its discontinuance by either party by giving three months' notioe. Mrs. Hammel alleges that she has given tho required notice, but that the railroad company has tailed to remove the switch according to the agreement. George YVoodfleld Insane. George Woodfield was declared insane by an Inquest yesterday. Woodfield was at one time a prosperous farmer, owning a valuable piece of ground about two miles south of the city, and was reputed to be worth $15,000. ne lothl9 money at the gaming-table, and lately has been almost destitute. He has a brother who is able and was willing to provide for him, but he would not stay with the brother. Woodfield has frequently been seen lately to rush up and down the street and would say that he was "chucg full 01 uusmess. r tie annoyea saioon-xeepers a great deal by going into their places and disrobing. F. W. Schasfer's Will. The will of Frederick W. Schaefer was probated in open court yesterday. The devisor bequeaths all his property, real, personal and mixed, to his wife, Dora Schaefer, for life, and at her death to his surviving children in equal parts. In case of the death of any child before the decease of their mother, the children of such child are to take the portion that would have fallen to their parent Frederick A. Mueller was named as executor. Tha estate is valued at about $35,000. Asks a DlTorce. Jennie Leo has filed suit In the Superior Court, seeking divorce from Oscar Lee. Tho grounds alleged are cruelty and drunkenness. She al leges that the defendant has property of the value of $10,000 in Montgomery county. Ohio, and asks for $2,000 alimony and custody of their child, Paul Lee. To Replevin the Stock. TheGlick Shoe Manufacturing Company yesterday began suit In the Circuit Court against William Eilert and Christian F. II. Waterman to replevin a stock of shoes. Ellerr, an East Washington-street shoe-dealer, recently mado an assignment to Waterman for the benent of his creditors. 1 Columbus Tlouchlns Released. Columbus Ilouchins. who was sent to the penitentiary for thirteen months for counterfeiting, was released yesterday by Commissioner Van Buren, nuder the poor-convict act. State University Alumni. A meeting of the alumni of the State University vat held Friday night for the annual election of officers, pr. Joseph Jenckes was chairman of the meeting, and the election resulted aa follows: . . President Elmer E. GrlOith. Vice-president Dr. Joseph 8. Jenckes. Secretary Ernest P. BicknelL Treasurer James L. Mitchell, 1r. Executive Coii.inittee Manson TJ. Johnson, Dr. A W. Braxton, Dr. Robert JJessler, James P. Baker, Dr. Allison Maxwell. Entertainment Committee -Robert E. Scott, Willard Robertson, Wilson J. McCormick. Dr. John B. Morrison, Samuel Ashby, Russell King, Kate Milner Rabb, Ethel Rondthaler, Carrie A. Short. Committee on New Students Charles Cunnlnham, Ida Manlev, Russell Ratllffe, Frank C. Hood, Elizabeth Hughes. Drunk and Fighting. Barney Bowman and 'Richard Williams, were intoxicated and fighting ou West Washington street last night. They were clawing tho air and one another at a lively rate when patrolmen Boylan and Ed son appeared upon the weun and placed both under arrest for assault and battery.

jSTicoll The Tailor,

Special Old customers, as well as now Great Sale HOLIDAY . . GOODS. DIAMONDS and WATCHES, JEWELRY and CLOCKS, FANCY GOODS and CUT GLASS. We have the finest 6tock ever shown in this city, and we lead. Our prices are the lowest. DIAMONDS AND WATCHES A SPECIALTY. We can sare you nig money. Come and scens. Ilealquarters for Rogers lirosr' 1847 Knives and Forks. We carry the genuine good. No secondo, always the best. WM. T. MARCY, THE EWELER OPPOSITE THE TRANSFER CAR. P. S. Fine watch repairing by experts. ?e beat the world on artlstlo engTaring. Jewelry mending we lead. Prices reasonable. Clocks and musio boxes repaired, c&ltod for and delivered. MB. RYDER WAS ACQUITTED Indiana Law Afl'ords No Protection to Union Labels, Says Judge Cox. Cicar-Makcrs Union Defeated in the First Test Case Under tbe New Act Decision Lone Withheld. The election has passed and John Holtzman is assured of another two years as prosecutor. The Criminal Conrt yesterday gave its decision in tbe case of J. M. Ryder, charged with nsing a counterfeit of the Cirgar-makers' Union label. Kyder is acquitted, the oonrt holding that he has not yiolated the statute under which the prosecution was made. The law provides that, "any firm. person, corpora-, tion or voluntary association, that are citizens of the State of Indiana, except foreign corporations, and who aro entitled to the exclusive use of any lawful trademark, label, brand, stamp or wrapper, may obtain protection for such lawful trademark," etc., by complying with certain conditions relating to registry in the office of the Secretary of State. One of the requirements is the tiling of an alii davit that tbe person claiming tbe protection for the trade-mark is entitled to the exclusive use of the same and that no other is entitled to uneitor anything like it. The affidavit and information upon which the Kvder prosecution was made said that John P. Franz was entitled to the exclusive use of the cigar-makers' union label. Judge Cox holds that this is disproven by the evidence, and that not only Franz, but 25,000 other members of the "Cigar-makers' international Union of America" are entitled to the use of tbe label, which takes the case outside the provisions of the statute. Trosecutor Holtzman, appearing for tbe State, asked the court to usurp legislative powers and bring the case within the statutes by striking out the words "that' are citizens of this State" and then when the act of tbe defendant should be brousht within the statute by this pruning of the act as enaoted by the Legislature to find tho defendant guilty as charged. This tbe court declined to do. however. It was also held that the registration of the label in the Kyder case was not in accordance with the provisions of the act. which, Jndpe Cox held, required the setting forth of te names, residences and places of business ol all persons entitled to the use of the label registered. The decision Concluded with praiso of the cigarmakers as industrious, law-abiding citizens, and then dismissed them from court without the remedy sought. Date or Fayinir dividends. JohnW. Kay, as receiver for the Indianapolis Savings Bank, Clod his petition before Judge Lartholomcw yesterday, asking for instructions as to the distribution of funds. Tbe time tor proving claims expired Nov. 15, and the last dividend will be paid on and after Dec. -0. WORTH A GUINEA A 1 (Tasteleos-Effectua!.) rnn ir.7 BILIOUS and NERVOUS DISORDERS, Such as Sick Headache, r Weak Stomach, J Impaired Digestion, t Constipation, t Liver Complaint, J and Female Ailments. ? Covered with a Tasteless & Scheie Coithi. Of alldrurgists. Price 2S cents a box. h New York Depot, rf Canal St.

f 1.

Bargains

Monday and Tuesday Only.) OVERCOATS 818.00 and 20.00; From a lot of $25.00 and $30.00 fabrics. SUITS -$18.00 and 825.00; From a lot of $25.00 and $53.00 fabrics. TROUSERS $6.00 and $8.00; From a lot of $8.00 and $10.00 fabrics. Ask for the goods advertised. BICOLL THE TAILOR

33 & 35 South Illinois St. ones, have a guess on Mr. Nicoll's age.

Tho goods wo present double merit Not only aro but they are good thereafter call attention to our INE H

UPHOLSTERED

GOODS

Embracing everything in Useful and Beautiful Furniture. ELEGANT ROCKERS, cn0ICB S I D E B O A R D S, , BEAvxIF -CHINA CLOSETS, LAD1ES' WRITING DESKS; ONYX-TOP TABLES.

We are opposite the court-house on E. Washington St. but it will well repay you to como and seo the many now things we have, and above all, get our low prices thereon. MEANTIME OUR ... Special Gut-Down Sale . ON

BEDROOM SUITE Goes on. These Prices are "way-down." Great Bargains.

FURNITURE FAIR

He Who Hath Never Smoked The Reel Clover Cigar Hath never known the consolation and abounding joy thero is in a first-class smoke. RED CLOVER sells at FIVE cents; it's tho equal of nine of every ten-cent brands in tho market. FACT!

THE SUNDAY JOURNAL

Will bo sent by mail

S3 PER

33 and 35 S. ILLINOIS ST.

I 1 Q 3 O lVJ

Dear Header: For several days to come tft advertiser will appeal to you to come and look ( and above all buy) this, that and Mother articles suit able for Holiday Presents.

for your consideration have a they desirable as Holiday Gif tsf all the year through. So we. to any address for

AJSHSTUM.