Indianapolis Journal, Indianapolis, Marion County, 28 September 1894 — Page 6

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THE INDIANAPOLIS JOU11NAL, FRIDAY, SEPTEMBER 28, 189L

NEW GAS BELT ROAD i

DIIL.AWAim COl'XTY to have a RAILWAY EIUIITEKX MILES LO.G. Good Iluftlnesa Reported ly Freight . Agents of Local Line Hate Wnr Averted by Sir. Caldwell. The proposed short-line railroad from Muncie to New Corner, Wheeling and Cumberland, a distance of eighteen miles, now eeni3 to be a sure go. Wednesday nignt, at New Corner, a mass meeting of Washington and Harrison township citizens was held, and they were nearly unanimous In favor of voting a two-per-cent. sutsldy for the road. It will be a standrad-gauge track, equipped to handle the rolling etock of any company, but not a large number of regulation stock or box cars at one time. The propelling power will be the steam motor engines used a year ago as street-car propeller In Muncie. Small flat, box and stock cars will be built, so that the motors can handle a good string of them. The shops necessary will be constructed at New Corner. County officers . assured the people that the subsidy voted the Chicago, Indiana & Eastern road, upon which work was begun near Fairmount, could not now be collected, as the company had failed to comply with its agreement. Mr. F. O. Browneli, owner of the rolling stock, associated with Emmet M. Smith, of the Delaware County Bank, are the chief promoters. Hastiness of the Hallways. A. D. McLeod, assistant general freight agent of the Cincinnati, Hamilton & Dayton. wa3 in the city yesterday. He states that the C, II. & D. is now handling as large a tonnage as at any time In Its history. The earnings compare favorably with last year, and would be handsomely in excess were it not tor the fact that an unusually large per cent, of the business moving Is the lower class freights, on Which rates are low. He thinks the outlook for business the next few months is very encouraging. He has fceen traveling extensively west df here, and draws thesa conclusions from what he saw on the trip. General Freight Agent Arnold, of the Motion, states that its business is daily Increasing, and in addition to the heavy movement of merchandise and miscellaneous freights the stone and coal traffic Is Increasing steadily. Oscar 'Murray, vice president and freight traffic manager of the- Big Four, says they are doing an excellent business, handling on "the system an average of 5,000 loaded cars dally, but he Is not satisfied with this, and wants the figures to reach 5.500. X. T. llcCabe, general freight i agent of the Pennsylvania's Southwestern system, states that all over the system each division is doing a very satisfactory business, and, from lvhat he can learn, It 13 likely to continue to be heavy for some time to come. Just now the improvement Is the most noticeable In west-bound business, although in local traffic of late there has been marked Increase, and the tonnage handled this month will be ia excess of that of September, 1S93. Northern raclflc in Court Again. Something of a sensation developed In the United States Court at Chicago yesterday "when the Northern Pacific receivers' petition for. authority to issue new certificates came up for a hearing. It transpire! that. Instead of wanting $2,000,000 for the purpose of refunding the receivers certifi cates that fall due on Oct. 1, the receivers wanted to issue new certificates to the amount of 53,000, 000 and, instead of being an amicable arrangement, as the country has been led to suppose, there was bitter op-position to It on ithe part of Urayton Ives and nis associates. An adjournment was asked for by the opposition and 3Ir. Ives pledged hlmsen to redeem the receivers' certificates falling due on Monday and carry them until the petition was disposed of, if the court would grant an adjournment. Judge Jenkins made an ordei adjourning the case until 2 o'clock Saturday, wi.a the understanding that If by noon Baturday Mr. Ives . has deposited the amount necessary to pay the certificates coming due, $2,153,933, the hearing may then be adjourned to some evening next week to be heard in Chicago. The receivers propose to make the new certificates payable July 1, 1S37. The C. and O. It. T. Association. The freight officials of the Chicago and Ohio Ttiver Traffic Association held their regular monthly meeting in this city yesterday, all of the twelve roads In the association being represented by one or two of their freight officials. The business was entirely of a routine character, and mostly la the way of" adjusting rates from Chicago to Ohio river points. Commissioner Tucker expressed himself as well pleased with the large attendance and with the amount of work accomplished, and called the next meeting one month hence at Indianapolis. In this connection it is of interest to state that a strong feeling in favor of making Indianapolis the headquarters of the organization is developing, and a prominent freight man said last evening that the headquarters ought not to have been moved to Chicago, as Indianapolis was much easier of access and much more business was always accomplished at meetings here. The association was formed originally in Indianapolis, V. T. Malott. being the first commissioner. Rate War Averted. Chairman Caldwell, of the Western Passenger Association, returned to Chicago from the East yesterday, and signalized his return by promptly adjusting the rates between Chicago and Kansas City and Chicago and Council Bluffs. The rate of $G.73 which the association roads had made between these points has been abolished. Th lines in the association expressed a willingness to withdraw their rates if the Atchison, which made the first reductions, would also withdraw its rate. This the Atchison agreed to do if the other lines would make the temporarily reduced rate of $1.25, which is, by agreement, to be in effect between St. Louis and Kansas City during the St. Louis fair, available for basing purposes in thz equalization of x through business. This was granted and as it was all the Atchison road asked, it at once agreed to the advancement In rates. Annual Report of the- X. Y. & II..H. The report of the New York & Hudsonriver Railroad Company for the year ending June CO, shows: Gross earnings, $13,C7S.200, a decrease of $3,CGS,2CO; operating expenses, $23,508,406, a decrease of $2,7S3,400; net earnings. $1,140,7;) 1, a decrease of $247,deficit, $7S,340, a decrease of $2,874,111. The board of directors authorized the Issue of sterling notrs aggregating fl.0uO.0uu to meet in part the heavy expenditures for construction and equipment during the previous fiscal year, and to provide for a portion of the necessary advances incident to perfecting the reorganization of the Carthasrs & Adirondack and the Atlantic & Northern railroad companies, and for such other purposes as the board mitht direct. j 1'., II. & K. AfTntrs. At a meeting of the second-mortgage bondholders of the Peoria, Decatur & Evansvllle Railroad Company in New York, Jenkins Van Schaick was authorized to form a committee of three, of which he is to be one, to prepare a plan of procedure for the settlement of the affairs of the company, the prevailing sentiment being In favor of instituting foreclosure proceedings. Penonal, Locnl and General Xotes. Tercy Todd, traffic manager of the West Shore road. Is on a Western trip. JX Ia Vomers, general Western freight agent of the West shore line, Is in the city. G. J.. Grammar, as general freight agent of the Lake Shore road, will receive a salary of $,ah) a year. Oscar Murray, vice president of the Big Four, spent yesterday in the city and last niht went to St. Louis. The xay-rolls of the Ohio Falls car works show nearly one thousand men at work in their shops at Jeffersonville. Kdward Cost, asslstint general freight agent of the ltig Four lines at Chicaso, returned yesterday from Hot Springs. W. Va. The Chesapeake & Ohio Is proving a valuable feeder to the Big Four, turning over to It at Cincinnati sixty to seventy passengers a day. A. F. Walker, the newly appointed receiver of the Santa Fe. arrived In Chicago on Wednesday and will have his ofiice in the Monadnock Building. The net earnings of the Chicago. Milwaukee & St. I'aul for the month of August were JSJI,9. -an Increase of J1S3.000 over the same month of last year. S. P. Bush, superintendent of motive power of tMe Panhandle lines, has been asked by the secretary of the Master Cur liuilders' Association to conduct labora

tory tests of the different brake shoes and report upon results at the nixt annual meeting. Oct. 1 Howard F. Parke, formerly of the Missouri Pacific, will take the position of superintendent of transportation on the Union Pacific, Denver & Gulf. M. V. Richards, chief of the land and Immigration bureau of the Baltimore & Ohio lines, has issued a very attractive booklet, entitled "The Ofd and the New." Frank Wilson, now on the Cairo division of the Big Four, is to succeed Andrew Wood as private secretary of J. Q. Van Winkle, general superintendent cf the Big Four. General Passenger Agent Atmore, of the Louisville & Nashville, is preparing for another Southern tour on his pet immigration Pcheme. He ha3 arranged to deliver over one hundred addresses. W. R. Israel, formerly traveling passenger agent of the Illinois Central In this territory, has been appointed general Northern passenger agent of the company, with headquarters at Chicago. In the case of the Baltimore & Ohio calling for the arbitration of rates of passenger affairs east from Chicago, James H. Hall and D. B. Martin have been selected as arbitrators, they to choose the third man. The Pittsburg, Chenango & Lake Erie has entered into a contract with the Grand Trunk of Canada which will give the latter an entrance into Pittsburg and the former a Canadian outlet. In railroad circles this is looked upon as an Important alliance. L. M. Blakesey, who has been running a passenger train on the Pittsburg, Fort Wayne & Chicago for twenty years, has been obliged to quit railroading on account of ill health. He will locate with a son in Kansas. Charles F. Meyer, president of the Baltimore & Ohio, and Vice President Lord have reached Chicago on their annual inspection trip. While in that city important action, it is expected, will be taken on its terminal facilities. I. F. Goddard, commissioner of the Trunk lines, Is mentioned for the presidency of the Atchison. Topeka & Santa Fe. Mr. Goddard was at one time vice president of the company, U well informed as regards the property and no one will question his ability for the position. The meeting of the freight lines of the Central Traitic and Trunk-line associations at Chicago, yesterday, was taken up by committee work, the principal subject under consideration being the charges at the Union Stockyards in Chicago. The committees will report sometime to-day. The Boyle & Sunflower River is a new road now being built in the South, the leading spirits of which are Boyle & Sons, lumber dealers of Indianapolis. As now building it is but eight miles long, running to the Sunflower river, but eventually it is proposed to make it a more Important line. John Riley, superintendent of the Peoria & Eastern lines, says he looks for a heavy freight traffic on the Western division the next few months, as not In fifty years has there been a better crop of corn in the section through which that division passes; shipments of live stock and lumber will also be heavy. Under the train schedule which takes effect Sunday, the Big Four's fast train makes the run from Indianapolis to New York in twenty-two hours and thirty minutes; Train 20, on the Pennsylvania lines, in twenty-two hours and forty-five minutes. In both cases this is the fastest schedule ever made between Indianapolis and New York. ' The construction of the four tracks on the New York, New Haven & Hartford, between New IJaven and Bridgeport, was completed and thrown open to service on Wednesday. This work has all been done under the supervision of O. M. Shepherd, superintendent of the New York division, and without Interfering with the movement of any train. At the annual meeting of the Chicago, Milwaukee & 4t. Paul U80.000 shares were voted. President Miller stated that the company had no construction schemes on hand and no Important changes were con

templated relative to operation or management. The road, he said, had jurt passed through the worst year for railroads in history, and In a satsfactory manner. The Cincinnati, Hamilton & Dayton has purchased additional ground at Middletown ani Franklin on which to erect better depots, and the programme Is t extend the C. & L. branch through the center of Middletown to Franklin, there connecting with tho Cincinnati, Jackson & Mackinaw, and eventually crooning the C, J. & M. and connecting with their main line at Carlisle. The Peoria, Decatur & Evansville earned Jn the third week of September $13,030.19, an increase over the corresponding week of 1893 of &2S.97. For the first three weeks of September the earnings were $34,950.88, a decrease this year of $ZZ2,Z.' Since July 1, th-j beginning of the company's fiscal year, tha road has earned $2.1,172.54, an increase over the corresponding period of 1S93 of $17,935.23. Chairman Olcott, ol the Minneapolis & SL Louis reorganization committee, annOunces that he has made arrangements with a majority interest of the improvement and equipment bonds of the company and has secured the amount required, $4,300,000 in gold, to redeem the road and take it out of the hands of the sheriff of Hennepin county, Minnesota, The company has been in litigation since 1SSS. II. B. Chamberlain, peneral freight agent of the New York, Lake Erie ei Western system of road;, and Albert S. White, general manager cf the Erie lines, who have been In the West since Sept. 10, left yesterday afternoon over the Big Four via Cleveland for New York. As a result of this trip in the near future some changes in representatives In the West may be looked for. v ; W. S. McCoy, a, veteran employe on the Pennsylvania, will, on Oct. 1, be placed on the pension list. He is in his seventyeighth year and has been employed on the Pennsylvania lines for nearly four decades, in late years as a stationary engineer. One of his sons Is superintendent of the New York division of the New York Central, and anotiier superintendent of another division of that road. The American Association of General Passenger Agents, at its annual meeting In Quebec, passed appropriate resolutions on the death of France Chandler, late general passenger agent of the Wabash. The resolutions were introduced by James Charlton, general passenger agent of the Chicago & Alton. This was the first meeting since the association was organized that Mr. Chandler was not In attendance. Passenger committees of the Central Traffic Association were In session at Chicapo yesterday, endeavoring to arrange a basis of percentages by which all the business originating at or passing through Chicago, St. Louis and Peoria destined to the Western terminals of the trunk lines might be divided among the .various road3. The meeting accomplished nothing, and finally adjourned to Oct. 1L A meeting of the presidents of the Vanderbllt roads was held In New York yesterday at which, however, only routine matters were considered. No action was taken touching the appointment of a successor to the late President Newell, of the Lake Shore, and none will be taken until the return of W. K. Vanderbilt from Europe next month, when a meeting of the Lake Shore directors v.'ill'be called to act upon the question. It is stated that the Illinois Central has decided on an extension to Hot Springs, Ark., running from Malvern, through Helena and Sheridan. In this connection it is stated that the Iron Mountain has got control of the Little Rock. Hot Springs & Texas road, and in thirty days will have trains running from Benton to Hot Springs. In no part of the country is the railroad map changing with such rapidity as south of the Ohio river, and in the Southwest every day bring to the front some new project. Receiver Aldace F. Walker, of the Atchison system, arrived in Chicago yesterday, and made his first official vl?it to the offices of the road. He declined to say what the policy of the road will be under his management, declaring that he h?vl had no time as yet to become acquainted witn the system and its workings, but that in his opinion things would move along in the future as in the? pnst, with the one difference that the road would be managed toy the receivers from the general offices in Chicago, and not controlled from the East, as heretofore. The official report of the Atchison, Topeka & Santa Fe for July came from New York yesterday, and shows that the Debs strike was disastrous to this road, it really s.jf.ering more than any other road in this country in its earnings. The exact statement shows the earnings for the system for July to have been, gros3, .,30r.Cl, a decrease, as compared wun July, 1SJ3, of $:.ail.7:r0: nt earnings. $217. W3, a decrease tl.U year f $r02,W7, or nearlv one million dollars. In fpeaklng of thii exhibit, a railway official aid last night taat "a decrease of one and a half millions In one year would soeni In times past a frightful one. but here is a decrease of that amount, nearly. In one month." Governor Matthew Speeches. Governor Matthews went to Kokomo yesterday, where he talked to the Democracy last night. On Saturday the Governor will ad lre?s a meeting at Roche.nr, and will upeak tit Peru on Saturday night. The fact thu Hood's Sarsanarilla. once fa!rly tried, becomes the family medicine, fpeik3 volumes for its excellence and medicinal merit. Hood's SarsapariMa is natuni'a coworker. Hood's Pills become the fa vorlt cathartic witn every one wno tries mem. u

CITIZENS' NEW MOVE

TII12 OLII COMPANY WANTS A FEDEIIAL COLItT DECISION. More Complication In This Salt Receiver Gets n, Rijc Sum Blair Held In Contempt. A new bill in the street railway litigation was filed In the United States court, yesterday, by Benjamin Harrison and Miller, Winter & Elam, attorneys for the Citizens' Street-railroad Company. The complant is almost identical with those filed in the State and federal courts by the Citizens' company, except that it makes the city of Indianapolis a defendant. The incorporation of the Citizens' Street-railroad Company and all of the city ordinances bearing on the litigation are set out at length, and It 13 shown that the company has converted Its lines into improved electric lines at a cost of more than a million dollars. The claim of "perpetual tight" to the streets of Indianapolis is set up as in all of the other bills filed. The contention 13 also made that there exists a valid anl binding contract between the city of Indlan4polis and the complainant as to all matters covered by those ordinances that were within the competency of the city and the company and its assignor to settle by contract. The charter granted, the City Railway Company by the city is set out in full In support of the averments of the complaint. The new suit raises questions similar to those Involved in the case of the city of Indianapolis against the: Citizens' Street-railroad Companj', filed in the Circuit Court. Attorneys say that if the; Citizens' company can get its title to the streets quieted before the disposal of the" suit in ejectment, it will have gained a substantial victory. ISADOIIB BLAIR IX TROUBLE. Colored Imyvyer Charged to Answer for Contempt of Court. The case of State vs. Bona Baxter was called for the third time yesterday in Police Court, and the prosecuting witness, Mrs.' Bona Baxter, after twice disappointing the court, was at last present. She is a white woman, and married Bona In Dayton O., about two years ago. She charged her husband with assault and battery and with lewd association. The evidence proceeded with difficulty under the questioning of attorney Mattler, who was employed to defend the defendant Mrs. Baxter did not want to testify against her husband, but when she was questioned as to why she had hot responded to the subpenas of the court in the former trial she told a story that astonished the court. She said her husband had retained Isadore Blair, a colored Police Court lawyer, to defend him, and that Blair had advised her to pay no attention to the subpena. He had promised her Immunity from the consequences of contempt, she said, and had told her that he had a "pull" with Judge Stubbs that woud enable him to keep his word. She also said that at the time of the second trial she was kept locked up in Blair's office. Judge Stubbd at once ordered attorney Blair sent for, and a hearing was set for 3 o'clock. At timt hour Blair appeared, accompanied by his attorney, Bruce Bagby. An affidavit, was prepared charging Blair with contempt of court. Blair asked for five days preparation, ps allowed him by the statutes. Judge Stubbs granted the time. He said he had no disposition to disbar Blair, but if the contempt was proved, there would be other forms of punishment. "Perhaps disbarment would be the more generous punishment," said attorney Bagby. with a smile. The court showed that he was very much in earnest in his determination to put an end to such practices ir his court. Further evidence was heard in the assault and battery case. JAMES IIlGXIGin-S CASE. Argument on n Demurrer In Hie Revocation Injunction." Argument on demurrer In the Injunction suit of James. Hignlght against the city was had In Room 2, of the Superior Court, yesterday morning. Hignlght was arrested for selling liquor on the Fourth of July and on the same day his bartender was arrested. After ari investigation Mayor Denny revoked his license. Hignlght Immediately brought suit to enjoin the Mayor from enforcing the decree of revocaon. The city attorney filed a demurrer to the complaint He based his demurrer upon two grounds; first, that the Superior Court had no Jurisdiction of the subject nutter; second, on the powers granted the llavor by the city charter to revoke licenses. He occupied the entire morning in hiu argument and cited cases from the reports of Wisconsin, 1111.nois and New York in support of his position that the court had no jurisdiction over the subject matter. He argued that Illgnight's redress must be through the city courts and courts of apperd. He argued that the, case had no place in a court of equity for the reason that if Hignight's construction of the rights of the Mayor were true it woir!d be a good defense ln a prosecution for selllng'wlthout license. SEW ALI1AXY BRIDGE CASE. Tlio K. & I. Receiver to Pny Over n Conitldernlile Sum. Judge Baker yesterday issued an oj-dr In the case of the Youngstown Bridge Company vs. the Kentucky and Indiana Bridge Company and the intervening petition of the city of New Albany. The order provides that the receiver of the Indiana and Kentucky Bridge Company pay the sum of ril.071.r0 to the municipal authorities of New Albany. On the petition of a majority of the holders of the second mortgage bonds of the New Albany Railroad Company the court yesterday ordered the receiver to pay the interest on the first mortgage bonds, amounting to , $1,500. Batch of Libel SuIU. The Journal, the News and the Sun were yesterday made defendants In fifty-thou-sandAlollar libel suits each. The papers are J each sued separately and each defendant claims to have been damaged to the extent of $50,000 by a publication In the newspapers on Oct. 3, 1S32. The plaintiffs are Tyndale Palmer, of Philadelphia, and Joao Francisco de Freitas, a hotel keeper in Rio de Janeiro, Brazil, South America. The article which is claimed to be libelous was sent out from Philadelphia by the United Press and contained the statement that the two plaintiffs were engaged in the sale of the South American. Welsbach Incandescent Ught Company and pretended that the sale was made for a much larger sum than was reported to the company. The complaints are printed, blanks being left to fill in to suit the particular case. John I. Dove, of Philadelphia, and Rltter & Hitter, of this city, are the plaintiffs' attorneys. Gibxoii'i Plan of Settlement. In the PoCIce Court yesterday morning John R. Gibson was -held for the action of the grand jury for embezzlement. He was formerly the agent for the Plymouth Rock Pants Company, and It is charged that he embezzled $300 from the company. The manager of the company says that Gibson induced him to accompany him to Alabama. saying that he would pay ail the expenses or tne trip ana reimburse him for the amount embezzled rarher th.in be arrested When the two arrived at their destination -the manager found a .host of Gibson's friends at the station to meet them. They assaulted the manager and beat him In a brutal manner and Gibson escaped for a time, but was afterward arrested In Chi cago. Four Yenr for Aasnnlt. In .the Criminal Court yesterday Charles Keller was sentenced to four years in the penitentiary for assault ani battery with intent to kill. Keller is a colored man who was caught In the field of a gardener south of the city by the gardener who owned the field. When ordered out of the field by the gardener Keller assaulted him and cut him in the Ide with a razor. John Marsh and Herbert Ketrow. the two boys anvstel for burning the stables of Renihan, Long & Rlackwell a few weeks ago. were tried in the Criminal Court yesterday. The cae was taken under advisement by acting Judge John W. Kcaling. "W. I. Herod' Insurance Suit. William P. Herod has sued te New York Life Insurance Company to recover $173 alleged to have been paid as premium for insurance. Mr. Herod alleges that he made application to William M. Grove, then

tern.

agent for the company, for $5,000 insurance, and the application was accepted. He says he paid ?l3 as the premium for the first year. When he offered to pay the second year's premium it was refused, and he was told that his policy was invalid. He demanded the repayment of the premium already paid by him, but this was refused, ami he sues to recover the amount. Seeking a Separation. John G. Gardner, In a complaint for di vorcement from Loulu Gardner, in addition to alleging abandonment, charges his wife with cruelty. He claims that she frequently struck and assaulted him, and was cruel m ner neglect. Anna Vina a rrmltitlldA Of ODJectlons to Frank J. Martz. She says that be failed to provide lor ner, tnai ne waa guilty of cruel and Inhuman, treatment, and an habitual drunkard, for all of which reasons she seeks a divorce.Thornton Ask a. Mandamus. Ben Thornton yesterday began mandamus proceedings against Superintendent Goss, Selma Inger3oll and Elizabeth Heber to compel them to admit his daughter, Addie K. Thornton, as a pupil In school No. 4. He alleges that the refusal of the defendants to admit her is due solely to her color. In hi? complaint he avers that state ments made by Goss are untrue. An alter native writ was issued and made returnable to-morrow. Decided Against Anderson. Judge Hackney, of the Supreme Court, has written an opinion In which he de cides that the ciy of Anderson cannot open a street through the yards of the Cincinnati, VTabash & Michigan railway. Had the threats of the city been put into execution one of the-roundhouses belonging to the road would have been destroyed. Haugbey Case Postponed. It is now understood that the Winnie Smith murder case will be taken up imme diately after attorney John Duncan has concluded srtniA nut-of-town cases in which ia anmirpil This will necessitate another postponement of the Schuyler Haughey trial. Recommends a. Sale. A. C. Voris, receiver of the Dark Hollow Quarry Company, of Lawrence county, filed a report in the United States Court yesterday, recommending that the property be sold. He claims tha't the quarry cannot be operated at a prone. Tron Sued on a Mortgage. Eliza S. Yohn, as administratrix of the estate of James C. Yohn, lias sued William Tron to foreclose a mortgage given to secure the payment of a part of the purchase money for several lots on North Mississippi street; Ills AVngou Was Demolished. John M. Pearcey has sued the Citizens' Street-railroad Company for $G0O damages. A wagon owned by Pearcey was demolished by a We3t Washington-street electric car. THU COURT UKCORD. Supreme Conrt. 1672?. Ferris vs. Udell et al. Marion C. C. Atnrmed. M cCa.be, J. The transcript need not show the signing of the judgment appealed from by the trial Judge, the presumption beintf In favor of such signing. 2. The signature cf the Judge may follow the conclusion of law and constitute a sufficient signing by him of the special finding. Whore a special finding Is defective in matter of form or contents the remedy is by a. motion for a venire de novo. 2. A judgment ia a cas where a new trial wa3 taken as of right and the action thereupon dismissed is conclusive against all the parties to it. 3. A decree in a suit to foreclose a mortgage adjudicating the titles involved is conclusive upon the parties. 1C837. C, W. & M. Railway Company vs. City of Anderson. Delaware C. C. Reversed. Hackney, C. J. Cities have, implied pawer to extend streets transversely across the rifirbt of way of a railroad when in doing so the uses for which such right of way 13 employed are not materially injured or destroyed and where such use3 and those for a street may coexist without impairment of the first uses. But when such uses cannot coexist or where the first use is materially Impaired or destroyed the second public use will be denial. 16;'S. Pettit vs. Fettit et al. Fountain C. C. Affirmed. Dalley, J. An objection to the form of a Judgment cannot be considered by tills court unless the objection was mado at the time the judgment was entered and a motion was made, cr other approximate step taken, to modify and correct It. 15S67. Jackson, vs. Weaver. Tippecanoe C. C. Reversed. Coffey, J. Where land Is Rold on a Judgment the rights of the purchaser were in no way affected by the foreclosure of a minor mortgage to which suit he was not a party, and strict foreclosure by the mortgagee thereafter is not an appropriate remedy. Appellate Court. 1222. Crawfordsville Music Hall Association! vs. Clements. Montgomery C. C. Affirmed. Belnhard, J. The transcript In a sewer assessment need not declare affirmatively as to the length of time and the dates when the notices required by statute (Section 4234, It. S. 184) were given. If some notice has been glvtn and the body making the assessment determines the same is sullicient the property owner cannot be permitted to Inquire into the sufficiency of the notice collaterally. The transcript is the contractor's complaint, ami should receive a liberal construction, and will be upheld unless It contain some detect prejudicial to the substantial rights of the parties. An entire failure to give notice of the declaratory resolution would not invalidate, the proceedings or assessment. When a lot owner (a corporation), through its secretary, knew the sewer was being constructed and made connection therewith and used the same, it is estopped to question the sufficiency of the notice. 12UT. larnall vs. Simpklns. Boone C. C. Alarmed. Davis, J.The failure to file the account or copy thereof with the answer. a3 required by Section C65, R. S. 1S3I, 13 a defect that, in the absence of a demurrer, was cured by the verdict. U33. City of Peru vs. Brown. Miami C. C Reversed. Gavin, J. A municipal corporation is liable for the results of its negligence in adopting defective plans for public improvements. If tLere is no negligence there is no liability, even though there be an error in judgment and the plan be really defective. 12St. Hankey vs. Downey. Howard C. C. Affirmed. Boss, J. Where an action is not by or against the heirs or devisees of a decedent, nor founded on a contract with or demand against him, nor to obtain title to or possession of his property, real or personal, testimony as to a contract made with him is not inadmissible on account of Section 50G, R. S. ISM. 1128. Gray vs. Ellzroth. Cas9 C. C. Rehearing denied. 1GGS7. Michigan Insurance Company vs. Leon. Delaware C. C. Rehearing denied. Superior Court. Room 2 J. W. Harper, Judge. Rd villa Gillespie vs. Charles E. Gillespie; divorce. Decree granted plaintiff, together with custody of children. Room 3 Pliny W. Bartholomew, Judge. Maud Bailey vs. John N. Gaston; damages. Jury finds for plaintiff for $1,000. Fred Gahle vs. Jeremiah O'Connor; mechanic's lien. Dismissed at plaintiff's costs. Criminal Court. John W. Kealing, Judge Pro Tern. State vs. David Griffin; drunk. Pleaded guilty; fined $1 and costs. State vs. Ira Harter; selling liquor on Sunday. Pleaded guilty; fined $10 and costs. State vs. John C. McCutchens; petit lar ceny. Discharged. State vs. Charles Keller; assault and battery with intent to kill. Trial by court. Guilty; four years in the penitentiary and J-J fine. State vs. John Marsh and Herbert Ketrow; arson. Trial by court. Under advlse-t-ient State vs. Earnest Steadman; rape. On trial by Jury. ew Suits Filed. Anna M. Martz vs. Frank Martz; divorce. Superior Court, Room 3. William P. Herod vs. New York Life Insurance Company et al.; on contract. Circuit Court. John G. Gardner vs. Loulu Gardner; divorce. Superior Court, Room 1. John M. Pearcy vs. Citizens Street-railroad Company: damages. Demand, JOuO. Superior Court, -Room 2. Eliza S. -Yohn vs. William Troa et ux. Circuit Court. Emma C. Hardy vs. James E. Hardy; divorce. Superior Court, Room 2. Iva Shearer et al. vs. Thomas R. Shearer efal.; partition. Superior Court, Room 2. Indianapolis Brewing Company vs. John

, THE McELWAINE-RICIIARDS CO., WROUGHT-IRON PIPE and BOILER TUBES, atural-(;as Supplies, Cast Iron. Malleable Iron. Brass. Hrdraulio and Ammonia Fitting. MBTKU- METAL CO.'S Meter for Natural and Artificial Gas. STEAM, GAS find ATER GOODS. Fitters' Tools. Packing, Belting and Bteaui Specialties, numbers' aud Mill Supplies. f-Gcneral Agents for SNOW STEAM PUMP WOFwKS. 62 Sr 5-4- UEST MARYLAND ST.

EDUCATIONAL. -45th Year Enter Now. rs Indianapolis LOUSINESS UMVERSITll When Block. Elevator Day aud MffUt School Oldest, largest, beat equipped aud most widely known Business, Shorthand, I'einuanshlp aud Preparatory fccnool. Pre-eiulneatly hupenoria every retpect. Graduate assisted to positions. Call or write for til-pa ot aloirne. Tel. 4'J'J.' ti. J. BE LB, President. Girls' Classical School, INDIANAPOLIS. IN1. Thirteenth year opens Sept. 25. Prepare for atl colleges admit tini? w oraeu. Boarding pupila receive'! For catxogiirn l.lress THLODOUfci L. SEWALL and MAY WHIUJIT 8 L WALL, Principals. fPlIE NORTH WE-sTERX MILITARY" ACAD J. EMT, HIGHLAND PARK, ILLINOIS. Tho nioit beautiful and la-althfiit location on Lk Michigan. Thorough Classical, Academic aud Cum. raercial courses. Ererjr instructor a specialist in hi branches. Indorsed by the IieKilature of Illinois, ami annually inspected by otticial representatives of the state, session opens September 1U. Illustrated catalogue sent on application. CULVER MILITARY ACADEMY Oa Lake Maxinkuckee. near CiiicaKo, prepares thoroughly for College scientilio Schools aud liuiness. intensive athletic ground and gymnasium. Next session begins September-. For illustrated Circulars aiMre-a ltiiv. J. II ilcKENZIE, Pres. Mannont. Ind. Eselhoff; foreclose mortgage. Superior Court. Room 3. Dora Gullion vs. Charles Gullion; divorce. Superior Court, Room 1. Kate Myers vs. William C. Myers; divorce. Superior Court, Room 3. Noah Oowger vs. Charles Albright; mechanic's lien. Superior Court, Room 3. AMUSEMENTS. riirk-Grenier'a Specialty Co, Lizzie Daly is a great dancer. She carries her : audience by storm and deserves all the applause she gets because of her clever methods. Graceful and original in her dances, she is naturally one of the leading features of Grenler's Lyceum Specialty Company that opened at the Park yesterday. Last night a crowded house expressed Its delight over her dancing, as well as that of little Vinie Daly and numerous other acts of G renter's company. This organization has the merit of presenting a refined lot of . specialties, which, besides being in no manner coarse, are firstclass and entertaining. Willis Clark Is exceedingly funny in his black-face sketches. Clark was formerly with Emerson and the laly brothers. Crimmlns and Gore do an amusing and original act and the three Rackett brothers give the most novel musical turn yet presented here. There is soma expert wire walking and somersault turning by Frank Appel, a "disappearing demon" act by the Coram brothers, a number of pleasing vocal selections by Til11a Morrissey and Lillie Lrkell, the former of whom has a pure sweet voice of wide ranse. Resides these there are other specialties decidedly above the average. Last night every seat in the Park was sold and many stood up. The engagement runs to-day and to-morrow. Grnnd Russell's Comedians. An evening of continuous laughter hand in hand with bright sparkling music may be looked forward to at the Grand Opera House next Monday and continuing ' Tuesday and Wednesday, with matinee on Wednesday, when Russell's Comedians will appear in a new humorous musical play, entitled "A Review." The ueople comprising this organization this season are Harold Blake, David Warlleld, John Jennings. Bernard Dyllyn, James Sullivan, John Donohoo. Joseph Jackson, Mrs. Margaret Fitspatrlck, the Misses Madeleine Lack, Jessie Kalph, Amy Stewart and America's greatest danseuse. Miss Amelia Glover. "A Review" has been constructed with a view of presenting a night of exhilarating laughter accompanied at all tlmea by charming melody, with a dash of satire now and then aimed at the serious dramatic fads of the day. Frederick Renolds at tlie Empire. The Empire has secured an exceptionally strong attraction for next week, commencing with Monday matinee. Frederick Renolds i3 aa actor of merit In his line. In "The Australian" his work Is far above the average. His company this season is the strongest he has ever carried, and includes Jean Renolda and other well-known artists. "The Australian" is full of dramatic climaxes, humorous and pathetic situations. CITY SEWS SPIES. The condition of Street Commissioner Fiher yesterday was unchanged. The Crafton Stone Company, of Bloomington, Monroe county, was Incorporated yesterday with a capital stock of $150,000. The case of the State vs. Fred Brandt on a charge of violating the liquor law was heard yesterday afternoon by Judge Stubbs and the decision taken under advisement. The Woman's Home Missionary Society of Roberts Park Church will meet this afternoon with Mrs. Geo. Hammel, 214 forth Alabama street. This is the day for mitebox opening and election of officers. There will be a meeting of the Third ward Republicans at Seventh and Illinois streets cn Friday evening, for the purpose of organizing a ward club. There will be several good speakers present at the meeting. A Small Beer Garden Audience. St. George Rogers made a speech last night at the corner of Michigan and Noble streets. By actual count there were twenty-one people in the beer garden audience and twenty-nve in tne saioon. - The W. P. T. Leafrne. The "Workingmen's Protective Tariff League will meet to-night in Lorraine Hall. The membership, ' which is limited to the employes of manufacturing estaolishments, is growing rapidly. !Dr. Price's Cream Baking Powder World's Fair Highest Medal and Diploma. i No Woman Can Be Happy and light-hearted when painful female complaints crush out her life. If she is melancholy, excitable, nervous, dizzy, or trou bled with sleeplessness or fainting" spells, they are symptoms of serious feA leaf out 0f the experience of Mrs. Anna Miller, who lives at Duhring, Pa., shows that Lydia JT. Pink hams Vegetable Compound will cure that terrible weakness and bearing-down pain in the abdomen, the dizziness in the head, the feeling of irritability, and loss of appetite. " I can highly recommend your Vegetable Compound," she writes, "for all female complaints. Ithas cured many cases where the best doctors failed.1

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BUSINESS DIRECTORY A TLTVe M.iniifc:ar-rs anl HVlllO llepain.'MoCClUCL'LAIl.Cltcj.tzi. CUT. UAN1 ami nil other rn a T T ri lteUiue. Emerr Wheels and V ' V 3Jiil Supplies. YJIV. I O Illinois street, one square south Union station.

SAWS liLTINC and EMErW WHEELS. tpecliltiei of W. B. Larry Saw & Supply Co 132 a Penn. St. All kln.U of Saws KepairM. Nordyko& Marmon Co. Founders & Machinists Milt an t Elevator IlmMer In-lunannUa. J int. Holler Mlil Mill Uciriu lieltiuc P.oli.n?. cloth. iraiu cleaniu? Machinery. Milliiugs I'uritier. Purtal MliK etc- etc. treeucara toratocic yard. AllS'lllAUTS OK TITLC THEODORE STEIN, Successor to Win. C Au'lern-jo. ABSTRACTER OF TITLES h.J EAST MARKET ST. DKTKCTivi; ag i:cy. WE NKVKU smKl. American Detective Agency, Jsorfliwet corner Washington and In-law ar tU, Koouia 5 &utl (i, Indianalia, luiL Mr 1. lVJik This agency is rrt-pareil to do all lezttlma; detective business iutruniej Ij It by Jt.iuks. luilroadu, and all otutr corporation. Mercantile 11oua. Attorneys and private individuals. We employ only Ilia most skilled operative. All liisiiies airtctlr coiiiideutlaL Correspondents In all principal cities. pea day aud night. JL C. W ElisTKlt, SupU JAMES CAAirBELT AssudanU iiri;iA.!. DK. "FllANCIS J. IIAAI3I0N1) Office, 39 East Ohio St. II OURS 9 toll a m.; 2 to 5 p. m. y UisetRca of the Stomach and Nervous System, DR. C. I. FLETCHER. RESIDENCE 573 North Meridian streafc. OFFICE StJi South Meridiau street. Office Hours tf WlUa m ; - to 4 p. ra.; 7 to 8 p m, lelephoues Oltlco. UJ7; residence, 127. DR. J. A. SUTCLIFFE, Surgeon. OFFICE 03 East Market s treat. Hours 9 to 10 auiu.; 2 to 3 p. TO-, bunuaya excepts L Telephone 911 DR. BRAYT0N. OFFICE 26 E, Ohio, from 1J to 12 anl 2 t L JtEblUENUE Soy East, Washington tit. House Telephone. ll'TX OlUoa telephone 14SL ' DR. SARAH STOCKrON, 227 2CORTM DELAWAI1E STUEET. DR. REBECCA W. ROCERJ, DISEASES OK WOMEN AND Cllir.UIlbiN' 0rriCE-13 Marion Block. Office Houri: 9ti 12 a. m.. 2 to 5 p. m. Sundays: 4 to 5 p. nx, at Haalueucet 41D Norm Meridian street. OrTlCIAAs. ' FITTED GROUND f -o "Joy tl EAST MARKET ST-INDIANAPOIIS-IND. - BIOTOnS AND DYNABIOS. MOTORS and D i NiHOi With forged Iron flol I M arte t. lor electric purer, lacandescent lighting anl electroplating. Commercia.1 Electric C) 111 South Tenn ii lu ilauaioli. I nil PRICES REDUCED. Cham Dion Iron and Bteel ltiblrou Lawn lnt Wrought lrou Fences and Gates, Iron Eeur l'o-stt. ELLIS & HELFENBtlKCiLli. 10J to ICi boutH Mississippi street. BRASS FOLADRY AAU fcl.MMUAU r ru--r -?"?Tj-ii-unlr-urn.-u-u-UT. PIONEER BRASS WORKS. Mfr. and Dealers In all kiii'l ot Bras On 1 hear and light Castings. Car He inn? a pcUUr. It talr and Job Work promptly aitendod to. llOft lltf South Pennsylvania sU Telephone G1H. SIIAI.S AXD 8TCSCII.S. EIU SEALS? STENCIL5,STAKP5; CATALOGUE FREE BADGES. CHECKS &C. VcTIL.I386. 15 SLMERID1ANSL Grouto FisoR. SAFE D 'OjUTS SAFE DEPOSIT VAULT. Absolute safety aprainst Fire an I Burglar. Finest, and only Vault ot the kind In the state. Pollceiuaa d;y and sight on guard, besigucd for the stfe 't-e ing of Money, Bonds, Wills, Bee-Is, Ablr.icls. fil Ttr Plate, Jewels and valuable Trunks aud Pack. agta, etc S. A. FLETCHER & CO., Safe-Deposit JOHN a TAUKIXGTON, Manager. DCVttSTS. DENTIST E. E. REESE Eafct Ohio SL. bet. Meridian and P n VAN PALI A LINE. $7.60 IT. LOUIS and RETURN $7.50 FOR HE ST. LOUIS PAIR. 1 1cketa on sale Sept. 0 to Oct. C, pood returning uutll Oct. 8. $2.25 TERRE HAUTE AND RETURN $2.25 FOP. THE VIGO COUNTY Fir. Tickets on sale Oct. 1 to 6, pood returning until Oct. 8. iV.ilvay"ti5Htaiii.i:h. Indianapolis Union Station. ennsylvania Lines. Trains Run by Central Time. Ticaar KJwricsM t Station snd at oornsr Illinois aa J Washington Ntrct TRAINS Rl'S AS ruLiw: Daily, t Daily, sicet Snndsy. FHOH IWDIAMIPOLIS TO LXATB 1IT ColUUllmn. i.tl., .ttil l.i.ti Vlli 4dt -ji.ojpm rhilaiielphuaud Ser Vol.... M.i'Jam iu.l.) i.a Biillliiioie aud Washington.... "l..';UJi lU.lip u Bajtou and AuringUcld 4.jU a 11o-l.' u .au K. n. lu, i -.t.i!i.4' ouiy... Y..i ii :.'SJ o i Martinsville and Vmconaes... i.u.'nn J.'J 4 u lUcl.nioud an t C"l uni i, o... M.UJ tn t.t 'Jiit Miidisou aud Iou.srUltf .( a a liSDu Bogauaport an.l l.'hicao. ...... 1 1.15 :u J. liyn Bay ton and CoImuli'M 11.4jaa .(.) a u Buy tun uud irtiirUold ".jixipa l-.i.tpit I'hll;i4tel)hl4 uint Unw Vorlc... . O fu U.ii i:u Baltimore u I Vinii:nj;t-u ... J U p-u , u C'olurtibus. lrtd..an I liouisville "J. ..iu 11.05 a-a Knticlitatowii An t K:ciiru'n. . it O t ;m t -.. ' 4n CoiiirnUn. Ind . a m .Matnjn. ti 'Muu 11) 13a u Martinsville aud Vioceiities... H..i tlO.U a:a I'll tsburf: and East 5.1U .u ll.Ma:a luytoii and Xen'.a ".'.Op:n Ml.tO a n lxb'auiort au l i:.ncac .'ll.'j i.u M.-ii ma Best Line to Cincinnati For anv intTtnatou ca!l at City Ticket 0:rke. No. West Wastttuton trt t. eoruer Mi rl lUn: 'train anivo aud diart front Vii leu M;lo:i. as t iiovri: Leave . Arrive, Cincinnati Eip ess M 4ii im t:l.tam C'in., Toledoaud lHrroit tin .0 a?n "It;:, ant Cm., laj t n and I.i:u:t '.' .' p n t' .'iyni Cin. Vt stibu e Limited M oo i nt ln itu Cln., Toledo an 1 lH-triit tr.:l.Ny;u l.ju au UaUj. tDaily. except s-'undaj.

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