Indianapolis Journal, Indianapolis, Marion County, 3 March 1896 — Page 3

THE INDIANAPOLIS JOURNAL, TUESDAY, MARCH 3 , 18U6.

3

New York Store

Established I8S3. TODA Y 25 dozen 8-button length Mousquetairc Suede Gloves in colors Gloves that have always sold at $1.50 a pair tomorrow, a pair, 69c Pettis Dry Goods Co. Ceo. E. Cough'.iii 1. Frank Wilson Dentists Inventors of i'bU Uerful Mln M;in.l.r for xfra if . lit' A rilHrlal TVth. witu or without iUtp-. Kin? ;oil anl Coniitoitoii niilngSL Crowa int I'.ri.!R Work. Vitalized Air giren. OfiWe Denttoa I!o entrant, o lo street. "V Ladies aprSnhte delicious bread arid rblls. Such results assured by Rising" Princess Flour AMUSEMENTS. (irnnd-"Tlip Gladiator It is friven out that Robert Downing hn appeared In -The Gladiator" 2,000 times since he flrst produced Saumet's heroic dra ma. There was a time when Robert Downing was considered somewhat of an actor. His gladiatorial roar would thrill an audience to the marrow, and he had a groodly number of admirers who could be depended on always to pack. the house to see him act. During his long career In this role he has retained the good will of his friends. and can still play to a goal business. To say anything now that would undeceive the admirers of Dorvnln would be almost 'unJclnd. It would be almost as wicked -as to tlepoil a curious cSiild of Its rooted belief la Santa Claus. At the same time one knows that a day is approaching" whon a child learns the truth about "Old Kris." As for Down-mg', the time has already arrived when the people threaten to awaken to tae fact that he is about the worst star the gods permft to draw fcreath. Although not an old man, he has become car4es3. and - can give about the best exhibition of bad acting of any star in the land. He has de- ' veloped a paunch that would enable him to play a brownie blacksmith. Ills voice is full of cinders, and he rants like an amateur. Downing has made a fortune out of "The Gladiator," and owns a b!g farm down rear Washington. That farm Is yearning for Robert Downing every minute. There is a strong contrast between the work of the gladiator and the graceful acting of his talented and beautiful wife, Kugcnle Blair. Here is a magnetic woman, whose noting is a pleasure to behold. The rest of the company is not distinguished. The Gladiator" will be repeated to-night tt the Grand. Cnsrltnh Dor nnd Pony Show. . .The dog and pony show which opened at English's last night for a stay of two weeks prpmlses'to be a popular amusement.' "The different acts In which the trained animals participate Is an admirable exhibiton of brute Intelligence.' The ponies perform tricks seldom taught them, and gambol around- the stage with the educated dogs in a way that is highly comical and entertaining. There are ponies that drill and do picket duty, and others that "turn in" for a. nap in camp. There are hurdle jumpers, trick ponies and acrobats. But the best part of the show Is the work of tho dogs, four dozen' of them. They ride ponJes, Jump through paper covered hoop and execute' many tricks that are new here. One walks a rope carrying on his back another dog. which is claimed to be ,tho only act of its kind In America. The bljr St. Bernard, Cae?ar, plays leapfrog with a Shetland pony, and later on plays chief mourner at ,& dog funeral. This act 1? very clever, being in the nature of a dog drama or pantomime in which a meat-stealing dog is caught by a vigilance committee of. curs, who give the culprit a mock trial, string him up and execute him, afterwards hauling away the inanimate corp?e. Dogs give a boxing contest and do some high jumpin?. The performance closes with a great revolving pyramid of dogs and ponies. English's will be a great place to take the children as long as the show remains here. .Matinees will be given three times a 1 week. t PnrL Oliver nnd Knle l)j rou. For a good many years Oliver Byron and hi. gifted wife. Kate, have been great favorlies in this city. They have made it a rule to appear annually and always with profit. For years Mr. Bryon' has devoted himself tJ melodrama pure and simple. Once or twice he has tried, the higher walks of the drama, but his public has insisted on the old order of things'. For years he plaved "Across the Continent," and so successful were his efforts that he is one of the wealthtests actors -on the.Vmerican stage. That his hold on Indianapolis theater goers L retamed was shown at the Park yesterday, when Mr. and Mrs. Ityron bean their annual engagf-ment. Th theater was filled matinee and night by enthusiastic audiences who applauded to the echo the exciting Incidents In "The t;ps and Downs of Life." It is the uual Byron play and plaved in the heroic picturesque way for which Mr. Bryon has become famous. Mrs. Byron was no less successful than her husband, and easily shared the honors of the evening. Mr. and Mrs. Byron have the support of an excellent company, Fred Warren, the clever comedian, who has been with them several seasons, being prominent In the east. He plys opposite Mrs. Byron and their comedy scenes are excellent. "The Up3 and Down of Life" will continue, the bill until Friday, .when the Hyrcns will revive "The Inside Track," another strong play and one which they made known to the whole country several seasons ago. Their business wili.be bl ail week. The standing room sign was out last night. 11 m p I re S a m Deverev There are two new turns in Sam Devere's Own Company, which Is filling a tiree day's engagement at the Empire, the Stoyal Yokohama troupe of jugglers, seven Li all, who ml How Are x if nur ffiflnoHQ? U UUI IllUIIUjfU I Does Your Back Ache? TVtTTlU- MAKE the Kid ODlO S neys sron an J X X UQ1 QtlUO THEY cause the S -.j-s- Kiuucys w liner r'j, fc all uric acid and : i - 41,. x ruvPiii other poisons or & Impurities from N the blood. SCtire Rheumatism, Gout. Eczema. Anae ml. Pimples, tJad Ulood, Briefs DU veiM, Malaria. Backache, K Id ny Pains. Dropsy, Pain In the Abdomen, Frequent Urination, Inilamation ol Kidneys, etc. jr Are not a secret remedy, but contain 2T highly concentrated extractsof Atparus. Juniper Berries, ttuchu. Corn V V V.illr Parira Rnvi e nA I .-. I all ) kidney healers) aud are scientifically Z compounded. jCDr. rfobbs Spararus kidney Pllla are X endorsed by physicians and drujrgists, ' o cents a box. Valuable Uook Free, J rr .lw. 1 1 . j i .i i t . w .

jrlve a skillful and spectacular exhibition of line Juegllng, anl the Bal? family of acrobaticbiryrlc rider?, a half dozen of artists in their line, whose exhibition, includes a number of feats that arc rarely seen and Is rcmarkaMe for the smoothness of its performance. Inverted pyramids are formed, with the wheel for a base, and the woman member of the troupe turns somersaults from the shoulders of a man standing on one wheel. She alights on the shoulders of the biggest member, mounted on a high wheel. Others of the company are Price and Steele, in a mixed comely sketch; Sam Devere, Jamc3 and Fanny Donovan, Rowe and Renti. grotesques, and Fiynn and Walker, in their sketch of "My Other Husband." The afterniece. "What is Home Without a Mother-in-Law?" has been given at this theater before, but seemed M elicit as much laughter as ever. The performance closes on Wednesday niRht and is followed by manager Zimmerman's benefit Thursday night. Matinees will be given daily. otea of the Stage. The coming of Fanny Davenport week after next to English's In Sardou's "Gismonda" Is one of the really great dramatic events of the season. The production from all reports Is magnificent. There are twenty-five employes connected with the dog and pony show now at English's and which is said to be the largest one of the kind in this country. It Is a vtrtablc indoor circus and two special Pullman cars are used on its present tour. This show Is greatly superior to anything cf the sort ever ?een here and will interest old and young alike. In "Sowing, the Wind." which made an undoubted hit here last reason, and which is underlined for a return engagement at the Grand Opera House for three nights and a Saturday matinee, beginning Thursday. Sydney Grundy has not proclaimed in so many words the striking moral of his tale. Rather, like a true artist, has he insinuated it, and left It to the intelligence of his hearers to gather his quick truths, and apply them to the realities of life. His play is a sermon, without being t blatant. He has preached from a" Bible text,' and has speken sympathetically and convincingly. The company will be the same as last season, with minor exceptions, and is under the management of Charles Frohman. As before. J. II. Gilmour will be the Brabazon, and Mary Hampton the Rosamond, and they will again electrify the audience In the "sex-agalnst-sex" scene of the great third act. "Sowing the Wind" will be even more of a fashionable success than it was last season, unless all indications fall. Of its artistic possibilities there can be no doubt. PERSONAL AND SOCIETY. Mr. and Mrs. I W. Fletcher will leave to-morrow for Palm Beach, Fla. Miss Wadsworth, of LaPorte, Is visiting Mr. and Mrs. Edward Hawkins. Mrs. Louis Hollweg is visiting her sister, Mrs. Von Starkoff, in St. Louis. Mrs. L. C. Walker and Mrs. David Braden wl.l not observe their at homes to-day. Miss Rodeweg, of St. Paul, Minn., is visiting her cousin. Dr. Pantzer, and family. Mrs. W. V. McGilllard has returned from Martinsville and has gone to Richmond to

visit. , - Miss Eva Stark, of Rockville, Is visiting Mrs. W". H. Hobbs and will remain for a week. . . " JMre. W. O. DeVay has returned from a visit to her son Newton, who is In school la New -Jersey. Mr. and Mr?. Bock, of Battle Creek, Mich., are visiting their daughter, Mrs. George G. Tanner. Mr. and Mrs. Harris Galbraith will eatortliln a number of their friends this evening at a 6-o'clock dinner. Dr. P. G. C. Hunt, wno has been in Florida for several weeks, has returned to the city, greatly-improved in health. Mrs. H. O. Pantzer and sons will, leave' next month for Europe to spend the spring and summer at her old home. Dr. and Mrs. L. F. Pago entertained a few friends Informally last evening for their guest, Mr. Farmer, of VirginiaMrs. J. R. McKee and son Benjamin are expected to-morrow to visit Mr. and Mrs. R. S. McK.ee, on North Meridian street. Mrs. John M. Wood will give a family dinner to-morrow in honor of the birthday anniversary of her sister, Mrs. Selvage. Mr. and Mrs. K. M. Thompson and daughter Ruth have gone to New Orleans and other culf cities for an, absence of two weeks. Mrs. C. A. Lolman and Mrs. H. E. Henderson, of Kokoma and Mrs. Charles Geyer, of Lafayette, are visiting Mrs. J.). Henderson. , 'Mr., and Mrs. Arlando Marine and children, of Brooklyn, N. 1'., are visrtlng Mr.'. Marine's parents. Mr. and .Mrs. J. J. Browne, of Woodruff Place. 'Mrs. James W. Morris gave -. a. musicale last evening to a party of young people in honor of Miss Ella Coudray, of Lafayette, Mrs. Hawley and Mr. I. S. Gordon's guest. Mrs. Frederick Knefler entertained a few friends informally yesterday afternoon, and Friday, afternoon she will give a small chafing-dish, party to some of her young friends. . Mr. and Mrs. John McMorrow and Mrs. Susan McKernan have taken the residence of Mrs. W. D. Wiles, No. O North Illinois street, and not Mr. and Mrs. McWhirter, as announced. ' Miss Stella Ward and Mr. Ward Hanson, of Butler College, entertained at their home, No. 3Jv7 North New Jersey street, last night, in honor of the freshman class of the college. There were about fifty guests Mr. and Mrs. John Robson entertained a party of friends last evening in honor of the wedding anniversary of Mr. and Mrs. Geyer. of Lafayette, who are visiting here, and of Miss Blackledge, of Metamora. The engagement is announced of Miss Nancy Baker, daughter of Mrs. Conrad Baker, and Mr. Evans Woollen. Miss Baker, who haa been connected with the City Library for several years, has resigned. Mr. Albert Gall and daughter Bertha will go tox housekeeping next week at No. 200 North Illinois street, and Mr. Kirschbaum and family, who have been residing there, will take possession of their new home on North Meridian street. One of the most interesting features provide! by th Local Council of Women will be the debate this afternoon at 2:.) at the regular meeting on "Are the arts conducive to morals?" Miss Mary Dean will speak on the aiflrmatlve side, and Mrs. F. W. Chiflett on. the negative. Misses- Mary and Carrie Denny entertained a number of friends last evening with a musicale in honor of Miss Loulve Young, of Chicago, who is visiting Mr. and Mrs. John E. ycott. Miss Young contributed several piano numbers. This evening Mrs. Fowler and son. of Hall place, will entertain for the same guest. Mr. Fred C. Yohn and Mr. Walter Galloway, formerly of this city, have a studio in New York. Mr. Yohn is illustrating stories for the Round Table and Harper's, and Mr. Galloway is making" pictures for the New York World and the New York Journal with great success. Both are also continuing their studies In art. Mr. Frederick Wiley will go East to-night to visit them. Mrs. Alfred B. Gates entertained a few friend? efterday afternoon at her home on North Meridian street. Mr. Edwin Farmer, of Virginia. Dr. and Mrs. page's guest, who is a fine pianist, played several numbers. Mr. Farmer was a classmate of Mrs. Tage at the Lelp.lc Conservatory. He possesses an admirable technical ability, brilliant execution, an artistic temperament and skill in many directions pertaining to piano playing, which combine to make him an unusual concert performer. Mrs. Howland satig twice and Mrs. Mllburn gavo an example of her art as a graphologist and palmist. Mrs. Gates was assisted bv her daughter, Mrs. Howland, and Mrs. Harry 13. Gates and Mrs. W. N. Gates.. Last Mffht'a KIre. A fire at the seed store of J. T. Faucett, No. 410 West Michigan street, damaged his stock of seeds and grains to the extent of about $300. air. Faucett carried insurance amounting to 5200. The building, a twostory frame, was owned by B. Clarg and was damaged about $2, fully covered by Insurance. The fire broke out about 9 o'clock last night. What cp.used It Is unknown. An hour and a half i.Mer another fire broke out, this ttme at No. 102 Prospect street. In the residence of Bert Marott. The fire started from an overheated stove. The loss Is estimated at S1.a). Took ParU Green nnd Fled. Word was telephoned to the City Dispensary and police station yesterday that a man had attempted suicide In a saloon at West and Sharp streets. Physicians from the dispensary hurried to the saloon with the ambul$nce and a patrolman was sent to Investigate. All that could be learned was that an unknown man had taken paris green. When he heard the gong of the ambulance he tied from the saloon and could not be found. Water Mnlna Ordered. The Board of Works yesterday ordered water mains laid as follows: In North and Vermont streets, from Senate avenue to West street: in Michigan street, from New Jersey to East street: in Russell avenue, from Illinois to MfCarty street: In Malison avenu from South to Pennsylvania street, anil from McCarty to Delaware strict: in Liberty street, from Market to Washington street. L , . Novelty Grates and Gaogs. Jno. M. Llilly.

ATTACK ON 1885 LAW

IIEPtnLICAV CO MM ITT KB M FILES COMPLA1XT IV THIS COUXTY. ' .Marlon Superior Court Aked lo Dedare the Apportionment Act Vnconstltntlonal. Immediately after the answer of Governor Matthews to the memorial of the Repub lican State committee preparations were made to file tlio complaint askjng that the apportionment law of 1SS3 be set aside. The complaint had been previously prepared in anticipation of the action of the Governor. The papers were filed in the Marion Su perior Court yesterday afternoon. The com plaint recites the fact that the laws of 1S01, and 1SC5 have been declared unconstitu tional, and then enters Into the apportionment of 1S83, showing wherein It is unconstitutional for the rea.ons named in the recent decision cf the Supreme Court. The complaint was prepared by Messrs. Miller, Winter & Elam, A. C. Harris and M. E. Forkner. Summons was issued immediately, requiring the coroner of the county to answer to the complaint March 12. and show cause, if any, why the Injunction asked should not be granted. The complaint asks that an injunction issue against J. W. Fesler, clerk; Harry B. Smith, auditor, and Albert A. Wo mack sheriff of this county. Dr. A. W. Brayton appears as plaintiff. The complaint in full is as follows: Alembert W. Brayton vs. James XV. Fesler, .clerk of the Circuit Court of Marion county, Indiana: Harry B. Smith, Auditor of Marion county, Indiana, and Albert- A. Womack, Sheriff of Marion county, Indiana. The plaintiff. Alembert W. Braytcn. complains of James W. Fesler, clerk of the Circuit Court of Marlon county, Indiana; Harry B. Smith, Auditor of Marion county, Indiana, and Albert A. Womack. Sheriff of Marlon county, Indiana, and says: That the plaintiff is a male citizen of the United States, over the age of twenty-one years; that he now resides, and or more than twenty years last past has -resided, in the city of Indianapolis, in Marlon county. In the State of Indiana; that he Intends to continue to reside in said city, county and State until after the general election, which will be held therein on the Tuesday after the first Monday in November, and that he is now and will be a qualified elector of sail Marlon county, and entitled to vote as such at said general election. Plaintiff furthersays that the defendant, James W. Fesler, is the clerk of the Circuit Court of Marlon county. In the State of Indiana; the defendant Harry B. Smith, the Auditor of said county, and the defendant, Albert A. Womack, the Sheriff of said county: and that their terms of office will continue to and extend beyond the time of holding said general election. He shows to the court that in the suit of the State of Indiana ex rel. Denny vs. Basler, decided by the Supreme Court of said State on the th day of January, 18DG. it was adjudged that the act of the General Assembly, entitled "An act to fix the number of Senators and Representatives to the General Assembly of the State of Indiana, and to apportion the same among the reveral counties of the State, and to repeal all laws In conflict therewith." of date March 5, 1893 (acts 1&&, p. 132), was invalid, unconstitutional and void. That the said Supreme Court In said last mentioned suit likewise adjudged that the act of apportionment entitled "An act to fix the number of Senators and Representatives to the General Assembly of the State of Indiana and to apportion the same among the several counties of the State and to repeal all laws In conflict therewith, approved March 4. 1S93," was likewise Invalid, unconstitutional and void. (Acts 1893, p. 350.) THD PARKER CASE. Plaintiff further shows unto the court that the said court in the case of Parker et al. vs. the State, reported In the 133d volume of the reports of the Supreme Court of the State, at page 178, adjudged, and decided that the act entitled "An act to fix the number of Senators and Representatives to tho General Assembly of the State of Indiana and to apportion, the same among the several counties of the State, and to repeal all laws In conflict therewith,", of date March 5, 1S91, is likewise invalid, unconstitutional and Void. (Acts 1S9L p. 119.) ;r - And so It Is that tho next last act of. the General Assembly of the State of Indiana concerning the apportionment for legislative purposes, not as yet held unconstitutional and void, is the act entitled "An act to fix the number of Senators and Representatives to the General Assembly of the Btate of Indiana, and to apportion the same among the several counties of the State and to repeal all laws in conflict therewith, approved March 6. 1885." (Acts 1SS3, p. 63.) And the plaintiff shows unto the court that as to said act of March 6, 1883, that during the year 1S83. being the - time prescribed therefor by the Constitution of said State, an enumeration of all the male Inhabitants over the age of twenty-one years, in each township and cbunty of the State of Indiana, was taken under. the authority and by the direction of tho General Assembly of said State of Indiana as required by the Constitution of said State. (Here the enumeration by counties Is set out.) That the General Assembly of 1SS3, at the session next following svld enumeration, did attempt or profess tc enact in the discharge of the duty imposed on it by section 5 and 6 of article 4, of the Constitoticn, the act last above mentioned. That; It was proviaea by the said act of March 6, 1SST, that the General Assembly should consist of fifty Senators and one hundred Representatives; and it became the duty of the said General Assembly, under the Constitution of Indiana, to apportion the number of Senators and Representatives to the General Assemb'v, based upon the said . enumeration of 1S3, so that each senatorial district should contain 9.832 male inhabitants above the age of twenty-one years, as nearly as reasonably possible, and that each Renresentative district should contain 4,946 male inhabitants above the age of twenty-one years, as nearly as reasonably possible. Here the Senatorial and Representative districts createu uy tne said act of March 6. 1SS5, and the number of male inhabitants above twenty-one years of age in each district, according to said enumeration of 1883. and also the number of such Inhabitants In each senatorial and repre sentative aisinci aDOve or below the senatorial and representative units are given. MARION COUNTY SUFFERS. That by said enumeration of 1883 the county of Marlon was 6hown " to have 29.S12 male Inhabitants over the . age of twenty-one years, and was, therefore, entitled to have apportioned to It sep arately from any other county or district three Senators and six Representativesits inhabitants being in excess of the number entitling it to such representa tion; but pby said act of March 6, 1SS3, there was apportioned to said county of Marlon separately only two Senators and live Representatives, whereby, 10.02S of its male inhabitants over the age of twentyone years were deprived by said ' act of the representation by Senators and Representatives to which they were entitled. The county of Jay, which, by said enumeration, contained' 3.037 male Inhabitants over 'the age of twenty-one years, was, therefore, entitled to have apportioned to it separately from any other county or district one Representative, but by said act of March 6, 18ov, no separato Representative was apportioned to said county, whereby its inhabitants were deprived of the representation to which they were constitutionally and rightfully entitled. That by the said act of March 6, 1SS3, forty-live counties were formed into twenty-two districts, to each of which one Senator was apportioned. Eleven of said districts, composed of twenty-three counties, contained, by said enumeration of 18S3, 127,812 male Inhabitants over the age cf twenty-one years while the other eleven of sail districts, composed of twenty-two counties, or fractions of tne inhabitants of counties otherwise unrepresented, contained, by said enumeration, only &J.11J Inhabitants entitled to be represented therein. No other senatorial representation was given by said act to any of the counties contained In sail first-mentioned eleven districts, and by such apportionment the senatorial representation of nineteen thousand of the male inhabitants over twenty-one years cf age of sail district, beinjf two Senators, was wrongfully denied to the counties contained in said districts, and given to the countbs cor.talned In said other eleven districts. thereby, and In other wrongful ways, their representation, which of right should have been only eight Senators, was increased to eleven, and the representation of the counties contained in the first mentioned eleven districts was reduced to eleven, whereas of rlrht It should have bee-n thirteen. Tweaty-two enatorlal districts, composed of the certain counties, and the number of male Inhabitants above the age of twentyone years, o? otherwise unrepresented fraction of a senatorial unit, by reason of which a county is included In the districts.

as shown by sail enumeration, and tho excess of voting population in the firstmentioned eleven districts over that or the second mentioned eleven districts, are set out. That br said act thlrty.two counties are

formed Into twenty-five districts, to each of which one Representative is apportioned. Eleven of said districts -were composed of thirteen counties, which 'either as to their entire voting population, or a fraction of a Representative unit of such population lef: over from the representation of said county la some other district created by said act, were not represented except in lirst-men-tioned districts. The male inhabitants over the age of twen-ty-ona years contained in sail districts by said enumeration were 67,718. FURTHER UNFAIRNESS. The other fourteen of said districts were made up of nineteen counties in the same manner, either for representation In said districts or their entire voting population, or for representation of fractions of : the representative unit remaining without representation In other districts of which said counties formed a part. The male Inhabitants over the age of twenty-one years In said fourteen districts, by said enumeration, was 52,406. . Said eleven districts had an excess over the number of Inhabitants entitling them to the eleven Representatives which alone were apportioned to them of 13,200, which entitled them to two additional Representatives, but said Representatives were denied to them by said apportionment, and given,, with other excessive representation, to said other fourteen districts, whose total number of male Inhabitants over the age of twenty-one years entitled to be represented In aald districts was C2,4."6, to which should have been apportioned only ten Representatives, whereas fourteen Representatives were allowed to said districts. (The eleven districts first mentioned, with tho voting population of. each entitled ta be represented therein, and the excess of auci population over that in eleven of the fourteen inner uisincis, are set out 'here.) The counties of Sullivan, Ripley, Franklin and Hancock were each given by said act a separate Representative, although in neither of said counties did the male inhabitants over the age of twenty-one years, as shown by said enumeration, amount to a representative unit, whereby the right of each of said counties "to representation in tha House of Representatives was exhausted, yet, by said act, further and excessive representation , w?s given' to each of said counties as fellows: Said Franklin and Ripley counties were Placed in a district with Union county, which had but two thousand voting population. Said Sullivan county was placed in a district with Vigo and Vermillion counties, which alone had a voting population not otherwise represented of-4.452, thus ,wrongf ully sharing in and abridging the representation to which aald, ..counties were entitled; and said Hancock county, was placed in a district with Marlon county, thus wrongfully sharing In the election of a Representative which eald county was entitled to elect separately;, while the counties Of Adams and Dubois, having, the first but 3,800 and the Second but 3,597 of voting population, were each placed In districts for the election of two Representatives. COULD HAVE BEEN AVOIDED. And plaintiff further shows tinto the court that all the said failures and omissions to apportion the Senators and Ttepresentatlves provided to be elected', by 'said act of 1SS5, among the several counties of the State, according to the number of male inhabitants in said counties, respectfvey, as shown by said enumeration of 1SS3, and .the wrongful apportionments made by. said act, and other failures, omissions and ' wrongful.. acts appearing in the apportionment-attempted to be made by said act,' could easily jhve been avoided, and plaintiff avers tha 'it was practicable to make an apportionment of the said number of Senators and Representatives among the several cpuntica-r of said State in accordance with their-male - Inhabitants over ' t h,e areof" twenty-one years, as shown by 'the Jsid enumeration, without such disparities and Inequalities of representation as exist under the provisions of said act, or other 'serious disparities or inequalities. Aud plaintiff further shows that by said act of 18S3. as well as by the said acts of 1893 and 1&)5, the counties of Clinton, Boone and Montgomery were made Into one senatorial district and given two Senators Jointly. ...'-. That the acts of 1K and 1893 were for that reason held unconstitutional and void, and the same reason applies to the act of That by the act of 1833, Jay county being entitled, under the Constitution, to one Representative, was- made into Joint representative district, composing the counties of Adams, Jay and Blackford. and given two Representatives. That for this reason, among others in the case aforesaid, the last-named act was held unconstitutional and void, and for a like reason, so, -also, should the act of 18S5 be so held. .... VOTERS RIGHT ENDANGERED. 'And plaintiff says that by reason of the facts herein alleged, and as further appears from the enumeration made In 18S3, which is Judicially known to this and all courts of the- State and the people thereof, the rights and privileges of-the plaintiff as a citizen and voterv Ruaranleed to him. by the Constitution of the State of Indiana, are la danger of being abridged and destroyed, and that he is without any adequate legal remedy In the premises except It be afforded by this honorable, court. And the plaintiff says that the defendant, the clerk of ald county,, publishes and gives out . that he will Issue notice to "the sheriff of said county, commanding him, at the next general election, to issue and publish notices for the election of members of the Legislature,' in both 'kOuses, under and in pursuance of aid act' of 1S&5; that the sheriff publishes and.trives out that he will give and post sald.ncticea In manner and form as by statute vj-eauired.u authorizing and commanding the voters at said election to vote for menbers of the General Assemblv under and In. pursuance of said act of 1S63. ' .;.' And the auditor likewise gives notice that he will, at the proper time before said elec tion, furnish to the inspectors In said county blank poll books, tally papers, election returns, certificates and the like, for holding an election of Senators and Representatives in said county under saia act or is&. Wherefore plaintiff prays . that the said defendants, ana eacn ot tnem, may te per rAtnllv fnl.Mned and restrained .bv the order. Judgment and decree of this honorable court, from issuing any notices or papers of any kind touching the said election of Serators and Representatives In said countv at the next general election under the said act cf 1SS5. or either of the following acts of 1893 and 1SJ. lor the reason that the said acts are, and each of them is, and the acts of 1893 and 1895 have been adjudged by the Supreme Court of the State of Indiana to be unconstitutional,: null and void. , And he prays for all other proper relief. Filed Here for Convenience. . . The filing in this county, of the suit that is to test the constitutionality of the apportionment act of 1853 was prompted by considerations of convenience. At one time it was thought that time would be saved anl other interests concerned by bringing the suit at Frankfort, but this might have Involved to the attorneys and serious loss of time tc the attorneys involved. "With the case docketed here, should there be continuances and postponements -through the various stages cf answers and demurrers, these would not Involve several trips out of town and the attorneys could be in court on short notice. CATHERINE LUEDERS DROPS DEAD. One of Four Sisters Lone In llnnlnea on AVest Ohio Street. Catherine Lueders, an aged spinster, fell dead late yesterday afternoon In the rear, of the millinery store kept by' herself and three sisters at No. 24 West Ohio s'treet. Her sisters have known' that she was subject to heirt disease for a number of years. Recently she has been 111. She ate a hearty dinner yesterday, and in the afternoon did some washing. She was found sitting on the back stoop, and complained to one of her sisters of feeling 111. She. said. she was afraid that her dinner disagreed with her. A physician was summoned, but before the doctor arrived she was dead. The coroner will hold an inquest. The firm of the Misses Lueders, Catherine, Eliza, Louisa and Cornelia, dealers in stamping, embroidery goods and teachers of music, has been established at No. 24 West Ohio street for many years, and the sisters have been widely and favorably known. They were members of the First Presbyterian Church, and had a large circle of friends. None of them has ever been married. They lived at No. 40Q North Senate avenue. They owned some real estate, which was held Jointly. ' ' "I Have Been Afflicted ' With an affection of.tbe Throat, from chlMbood, raueU by tltpttfuerSa, anlbave tised various re mctlle. but have never found anjtfetng equal to Brown's Iironchlal Troriiev" Iter. O, 31. F. Hampton, fUe ton, Kjr. Sold only In boxea.

A DEMOCRATIC BLUFF

LEADERS WEAKCXIXG 0 PROPOSI TI 0 TO ATTACK 1IOLD-OVKIIS. Sleetinjr of Prominent Democrats to Be Held the Middle of This 1 ! Week. There will bo a meeting of the leading Democrats here about Wednesday. Tho purpose of it will be to consider the new conditions that havo arisen by reason of the Governor's refusal to call a special session and the filing of the suit by the Republicans to overthrow the law of 1SS3. It Is not the Intention to call the Democratic State committee together, but the subcommittee, appointed to have charge of the further proceedings, will consult with Governor Matthews, Thomas Taggart, John R. Wilson, S. J. Sheerin, James E. Murdock, G. V. Menzles and tho others who are the administrators on the small assets that the Democratic party has left. One of the things to be decided at the meeting .will be -whether the party will contest the seats of the holdover Senators. When the Democratic State committee Issued Its pronunciamento to the people of the State it declared that if the Republicans would consent to hold an election under the act of 1S85 it would not attack the titles of tho hold-over Senators. From this It was reasonable to infer that if the Republicans did assail the act of they would nominate candidates In the holdover districts. The- Republicans have assailed the act of 18S and It now remains to be seen whether the Democrats will carry out the threat Implied. - It is not denied among the Democratic leaders that there Is a great deal of hostility in their ranks against this step toward chaos. To elect a set of protested Senators to contest the Beats of men, of whose rights to their seats there can be no question, would be the first step in the direction of the duplication of the scenes which disgraced the Kansas Legislature last winter, and when it comes to a policy tha may mean civil war, without Justice or right on their side, the Democratic leaders realize that they cannot carry the masses of the party with them. This hostility against contesting the seats of the hold-overs has been growing ever since it was suggested and even some of those who pretended to favor it have admlttel that the threat was in the nature of a bluff to induce the Republicans to abide by the act of 18S5. The Indications are that fr the present, at any rate, tho Democratic leaders will content themselves with defending the act of 18S5. and in the event the case Is tied up In the Supreme Court to eecure an order mandating the election officers at the proper time to proceed with the election of mem bers of the General Assembly in this county. Prealdent II!Kfflna' Committees. President Higglns, of the State Lincoln League, has appointed the following convmlttee: . ... Executive Marcus R. Sulzer, Madison; W. L. Taylor, Indian ipolis; W. W. Thornton, Indianapolis; W. T. Durbin, Anderson; It. A. Block, Greenfield. Advisory Samuel H. Spooner, Indianapolis; Chas. A. Bookwalter, Indianapolis; Wm. C. Zaring, Indianapolis; B. M. Willoughby, Vlncennes; Jas. B. Gamble, Princeton; J. J. Wingate, Shelbyville; Jrro. F. La Foilette. Portland; C. II. Montgomery, Seymour; T. W. Hutchinson, Brazil; J. R.: Hadley, Gas City; Frank M. Pickerill, Argos; Jno. R. Bonnell, Crawfordsvllle: Geo. P. Haywood, Lafayette; Jno- 11. Hoffman, LJgofiier. Convention Dates. The Seventh congressional district convention, to elect delegates to the Republican national convention at St. Louis, will be held in this city March 19. The convention to nominate a candidate for Congress will be held April IS. The State convention Is to be May 7. .-; SIcKInley Clnb Meeting. A meeting of tfae McKlnley Club will be held at the Criminal Court room this evening at 1:Z) o'clock. A 'Faith-Cnre" Advocate Testifies. Mrs. Dorland, "faith cure" advocate, who is held partly responsible for the death of 'Edward Grothaus, vfras before tho coroner yesterday and testified as to her connection with that aXfafr. She claims she should not be held responsible fpr the death, for Grothaus was a believer in the faith and was her pupil for two years. She said she visited him twice while he was sick at the request of the family and twice without invitation. N . . Laylnir In n Ulcr Stamp Supply. Business at the postoffico continues to show an increase over last year. In January and February 569,'XK) worth of stamps were sold, an increase over last year of $D,200 for the same period. Yesterday Postmaster Sahm sent an order to asmngton tor 58(,000 worth of stamps. It is expected that this supply will be sufficient for the next three months.; MiaaaMaaaaBaBaBaBaaaaBaaBaaBBaBaBMBBaaaHBMpBBaaBamB Death of Mia Cornelia Bradley. Miss Cornelia Brudley passed quietly away Saturday afternoon at her home in. Franklin, Tenn., after an illness of three weeks, caused by a stroke of paralysis. Miss Bradley has numerous friends here, owing to her frequent visits at the home of her uncle, Mr. James L. Bradley, and being a former pupil of Prof. J. S. Black. ' - Custodian AVrieht Xot Luat, r Telegrams received yesterday indicate that David L. Wright, recently appointed custodian of the State soldiers' and sailors' monument, is not dost, but Is living with his brother at Madison, Ind. Mr. 'Wright will remain at Madison until the time for him to enter upon his official duties arrives. j '2r, Piano At Wulschner's. Rdad ad. in this issue. SICK POISON. What It Is, and Where It Comes From. Sick poison is what makes you sick, irritates your nerves, disorders your functions, saps your strength, makes you miserable. Different diseases nave different poisons, seme have several. Indigestion more than any. That is the symptoms of indigestion are caused by the poisons which are created by undigested food. When you are sfck, try to get rid of your poison. , It is often easier than you think, for all nature Is helping you. Only the poison is obstinate, but the first step is to go to the root of it. The poisons of undigested food.', which cause lethargy, headache, dizziness, weakness, bad taste, stomach-ache, fever, flatulence, nausea, constipation, lo.s of appetite. Jaundice, anaemia, neuralgia, rheumatism, etc., these poisons can be swept away and annihilated by the Shaker Digestive Cordial. - " Curing the stomach and helping it to digest food, when it Is too weak to do so by itself, will purify your system of poison and renew your strength and health. Shaker Digestive Cordial, a pure, vegetable, llge3tlve tonic, made by the Shakers of Mount Lebanon, will cure all disorders caused by the poisons of undigested food when notning else will give any relief. Sold by druggists. Ten cents for a trial bottle. Write for a book on food. Address the Shakers, 30 Reade street, New York. SAFE DEPOSITS. Safe Deposit Vault. Absolute safety agalaat Fin and Burgiax. Finail and only vault or the kind in tfca Stata. Policeman day and night on guard. Designed fora&fa keeping of Money, Bonds, WUla, Deeds, Abstract, surer flata, Jewel and Talu&uie Trunks and Package, eta S. 1 FLETCHER fi CO., SAFE DEPOSIT. JOHN S. TARKIN0T0N. Masaier. SEALS, - STENCIL.S, STAMPS. CPA T 5 77Z rcHrii.c CTAMOC HCAf AL0CUZ I'J&ZZZ. CHECKS . tHLi32-k 15 Q! :i.U2lA!l ST. Ctouxj Fimx!

o M

Is often caused by a bad Liver. How is your Liver ? Are your Kidneys all right ? Does your sleep rest you ? Does your back ache? Are you weak and thin ? Are you dull and bilious? Marvelous success has attended the use of Dr. J. H. McLean's Liver ins Kidney Balm.

Al! who use it say it is the "PEERLESS REMEDY" for curing ailments of the Liver, Kidneys and Bladder, Female troubles, Rhjuaa tisn and Bright's Disease. For sale everywhere at 9I.OO per bottlo. THE Dr. J. li. MclEAIi MEDICINE CO., - - St. Louis, Ho.

And Organs. On account of our increased facilities in our new quarters, we have decided to do all our retail business direct from hero instead of by branch houses and have, therefore, closed our Terre Haute branch house, which stock has been shipped in to us here. In handling, boxing and shipping the Pianos havo become more or less shopworn and some case damaged, although some are without a blemish. It Is in addition to the fact that we have au unusually largo stock on hand, on account of which it would be six or eight months before wo could use it, has decided us to hold a special sale and sell them at actual cost, rather than carry them this long. AVe will NOT MCOIMIl OTITIS EARTH , But will give you a Bona Fide Saving of $50 to $125 Pianos new and second-hand, fresh and shopworn and rent Pianos. 0400 NEW PIANOS OXIY $200 Cash or Payments to Good Parties.

78 atid 80 North Pennsylvania Street. This sale includes all of our standard stock, as Knabe, Ilallet Davis, etc., etc. RCall at onco and investigate. Xo veserve.r3

It Has Conie to Indianapolis to Stay Hercules Pttre Malt Extract

Tlao Greatest

. !; i.i ta f'i 111 : '. r.j:: ji f jly, V X';.. i!, yj. criiij'1

The John Kanffmari Brewing Co.,

CINCIXXATI, , O.

' fM&M SKY-HIGH CRESCENTS

E T. HEARSEY CYCLE CO. 116-118 North Pennsylvania St. GFRiding School open day and evening. . :

THE SUNDAY JOURNAL By Mail, to Any Address, Two Dollars per knnmzi .

Tonic on IS fir tlx Hercmles Pure' Challenges the World for Its . ' Strength, Age and Purity . i . .'.' A concentrated liquid Extract of Malt and Hops, never before attempted to be produced, will be placed upon the market in Indianapolis, by THE - JOHN KAUPFMAX HRKWIXG CO., after this date. It is a -PUKE TOXIC, especially and carefully prepared for invalids, Convalescents, Xursiug Mothers and ALL in need of a FLESH, NERVE and PLOOD PRODUCING TOXIC. It is .also a substitute for Solid Food. A wineglassfui taken with dinner, supper and before retiring, will produce a GOOD APPETITE, PERFECT DIGESTION and WHOLESOME SLEEP It is put up in pint bottles, and the price is within the reach of alL ' lie sure you ask for the ' ' ' Hercules Malt Extract - , " To gain the esired effect.' Tak a bottle home and convince yourself. Prepared only by THE .IOIIX KAUFFMAN BREWING CO. It can be obtained from all leading ImliananoliA Druggists.'

Malt

Extract

NEW .MODELS

THE BARNES WHITE FLYER, $100 THE MATCHLESS HEARSEY, $85

$75 and $50.