Indianapolis Journal, Indianapolis, Marion County, 31 March 1896 — Page 8

THE INDIANAPOLIS JOURNAL, TUESDAY, MAItCH 31, 1896.

Frlntci Wraps bob up everywhere among Silks for Spring The threads In these j?ools are printed before th?y are woven, and, a3 a Consequence, are not so sharply outllnM as the- printed surface goods, and are more beautiful by far.

51 the yard and up. HERE'S RICHNESS We have Imported this spring 150 exclusive Silk Patterns, no two alike, goods that cannot bo duplicated even by ourselves. In the lot you'll find Long Block Flald3 on printed warp gTounds. -Tenalnt old Plaids In soft green and lavender effects. Chameleon flowered grounds with . black satin stripe. Changeable Peau de Sole, etc. T7.S0 to $30 for Waist Patterns. J16 to $7150 for full uress Patterns. Do yoti want to see them? L S. Ay res & Co. BALDWIN PIANOS Theso instruments are being produced in a strictly first-class manner. in workmanship, case finish, quality of tone and general appearance, these instruments have already proven leaders. The many years' experience or the Baldwin house in the handling of the leadinz makes of the country, its large capital, the active Interest taken by members of the firm, have enabled it to place on the market a line of pianos which are well able to hold their own under any anl all circumstances. One etyle that we. were especially pleased with was a Colonial Baldwin. It was certainly an instrument of beauty, chaste In des!jrn. artistic In finish, thoroughly sympathetic in tone quality, with an even scale, and well worthy to be counted amonsr the hih-erade makes. The Musical Ae March 25, 1S06. Sold by D. H. BALDWIN & CO. 95, 97 & 99 Forth Pennsyl?anla St. For a Superstructure Transient trade is all right, but steady custom is the foundation of a business. That's what we are working for. We give you prices that -attract you treatment that will hold you Clothes That Fit You The new fabrics are all in. Suitings, Trouserings and Overcoatings a careful selection of worthy stuffs. Can we show them to you? OUNQ & McMURRA TAILORS, 12 & 14 N. Meridian St. ART EMPORIUM, Telephone 500. First Veek in April Exhibit of Decorated China by Home Artists. THE II. LIEBER COMPANY. 33 Scath Meridian Street. ooooooooooooooooeoooooooooo O a o Happy House Cleaning Time ... o o o o o o o o o o o o o o o o o o c o o o o o There's tvic thft nlprmnrA in o "tnnvinc thincr 'round' if vnn nun O o add a new piece of furniture to them, o o o o Sco our exquisite, low-priced o o odd pieces, o o o o And there's always a nook or ao g corner tht some bright drapery g o will make cheerf uL o o o We have the material to drape o o anything, any naythat's the o right and artistic way. g o iRADGER. o o o FURNITURE CO.S o o o o o 75 and 77 East Washington Street, 23 tad 24 Ylrtlnli Avenue. o o o o o o COCOCCCOOOOOOO0000OOO00000O The Glove Stock Come EARLY in the week and avoid the Big Hush. PRICES-SOc, 75c, $1, $1.25, 51.50, 51.75 and 52.

NO HOPE FROM. MAYOR

3IIXISTERS F1XD HE WILL. SOT K-V FOIICE SUX DAY DALL STATUTE. An Appeal to the IVoplc Mayor's Letter DUcusiied A Visit to : ; k . . the Sheriff. . , y Mayor Taggart yesterday sont hU letter In answer to tiii ministers' Interrogatories to their regular Monday meeting. It was exactly as outlined In yesterday's Journal. He throws all the responsibility of enforcing the laws against Sunday tase-ball outBide of the city on the sheriff. He construes the laws giving the police authority within four miles of the city aa being intended simply for cases of emergency, and not for cases where it is known before that the law is io be violated. His letter in full is as follows: "In reply to the inquiry of your committee, made several days ago, concerning Sunday baseball. I wish to say that I have conferred with the Board of Public Safety upon the subject, and their conclusion is that under no circumstance will Sunday baseball be permitted within the limits of the city of Indianapolis. Section 9S of the city charter, defining the powers and duties of the police departmer.;, makes 'the officers of such police force the conservators of the peace within such city and, as such, makes it their duty to arrest all persons who commit any crime or misdeameanor contrary to the statutes of the State or ordinances of the city. Playing baseball on Sunday, where an admission fee Is charged, is a violation of a State statute, and should any attempt be made to do so within the limltSvpf the city, the police department will prevent it. "Section 7915 of the Revised Statutes of 1S34 defines who is the conservator of the peace within the county and makes it the duty of such officer to suppress violations of the law within the county where the same are within hi3 knowledge. While Section 100 of the city charter gives the Board of Public safety power 'to detail regular policemen or appoint special policemen or firemen to do special duty at any place within the county whei deemed expedient the board Is of the opinion that this power is to be u.ed only In ca.es of emergency and when the proposed violation Is not within the knowledge of the conservator of the peace for the county. "The Board of Public Safety does not believe that the contemplated playing of baseball on Sunday is such an emergency as makes It Its duty to Interfere, when the section of the statute above mentioned especially places this duty upon, another officer." TO VISIT THE SHERIFF AGAIN. This letter was read to the ministers and discussed. It was then decided to send a committee to see Sheriff Womack ag-ain. The committee called on him yesterday afternoon. He said tie had nothing further to say to them at this time, but cromised to send his answer the latter part of this week, so It could be read at the meeting next Monday morning. Many of the ministers rpoke during the discussion of the question. Dr. Buchtel said it was an outrage that the officers of the law should hide behind each other in this matter aa it would seem they are doing. He denounced them and eald no honest man could ever vote for them for an office. Capt. Ell F. Bitter told the ministers of a civic federation, which had been formed. He said he would furnish blanks to all miov Isters so they could secure members. - He Bald the federation would attempt to secure the enforcement of laws. Dr. Sims had prepared a long- appeal to the people, which he read to the ministers. They adopted it with a unanimous vote. It is as follows: "Appeal to the Sheriff of Marion County. the Mayor, Board of Public Safety and the People of Indianapolis: "In view of the fact that Sunday games of base ball have been publicly scheduled to be played near this city in open and direct violation of law, we make this appeal for their suppression In the name of law and religion. We do not here repeat the argument by which we defend the sanctity of the Lord"s day. With one voice Christians unite in declaring Jt an Institution which they hold sacred because of its divine appointment, and because of its universally beneficial influence. We do not hesitate to appeal to the conscience of Christian people as a proper factor in solving the problem now before this community. This is not an infidel community. The great majority of our citizens believe in Christianity as divine. They recognize the authority and the law of God. "We have a right, therefore, to ask them to consider this question from the Christian along with the legal standpoint. While we give full weight to the humanitarian arguments for keeping this day we would be false to ourselves and the community if we ignored the moral grounds upon which we urge its observance. "Conservative publicists, with rare unanimity, declare the weekly rest day conducive. If not absolutely essential, to the welfare of men, and they appeal to the sense cf ' self-preservation inherent In humanity for the maintenance of an institution so full of blessings- to every class of society. Along with this is the still higher motive for keeping the day holy. GOD'S HOLY DAY. "The Heavenly Father designed it,, not only for our physical well-being, but also for our moral and spiritual elevation by means of Its religious obligations and moral associations. If we were merely a high type of animals we might ignore the higher view of the day. But man Is more than animal, and his moral and religious being demands intelligent care. Man needs the day of rest for the development ard preservation of his whole nature physical, moral, intellectual. We therefore appeal earnestly to the con science of the community. How shall God's rest day be treated? Shall its quiet be broken up In the Interest of sordid gain? Shall It be made the great harvest day of gamblers, saloonkeepers and gamesters? God has claims upon the day. Shall we refuse to recognize them? The issue Is upon us; we cannot evade it. Are we for or against the civil Sunday? Are we for or against a divinely appointed day of rest? 'Let no one say we are seeking to rob the poor of their only day of amusement. We are making no 'Sabbatarian crusade against thet rights of anyone. We would not interfere with any use of the day which does not violate law and Injure rrubilo morals. The Sabbath was made for man'; not for dissipation and the lowering of his manhood, but for his highest enjoyment and welfare. We are not trying to 'force men to be religious.' Religion is a matter which rests between each soul and God. But, while civil law has no Jurisdiction over a man's faith. It does require of him to Tespect the public peace. We have no purpose to bind this day about men aa a chain to enslave them or a burden to crush tnem. we ask for It rather as a relief to free them, a boon to enrich them. Blot it out, and the work of relljrlon would bo hin dered, the burdens of labor would become crusnmgiy heavy, and the whole tone of society lowered. "As regards the clul restrictions curtain ing to the observance cf the 'ilrst dav cf the week, commonly called Sunday we maintain tnat tnese ;aws are in the Interest of the very clasps for whose alleged tnettt it is proposed to disregard them. .The workingman, as much as anyone else, neds a weekly rest day. If he is wise he will not seek to break down any of those restrictions which are still applied to tho observance of Sunday. WHY 'WORKINGMEX SHOULD HEED. "More than any other cla, the workIngmen should realize that the secularization of Sunday tends to Its destruction as a rest day for themselves. What is the actual condition, for example, in France and Germany? In those countries there is unlimited license of amusements, and. along with it, unlimited license of business. What is the result? From statistics compiled a few years ago it was found that out of about COO.OOO manufacturing establish ments in Prussia nearly 60 per cent were operated on Sunday, and out or about 15J.0OO witnii;iiiiwii3 utrwitxi io iraae and transportation more than 73 per cent, were in operation seven days la the week. In France the case la almost aa hrt nn.i in both of these countries the great majority of worklngroen and clerks iave no rest . -They dsmanded prec.ely what tome snort-sasnted laboring people are demanding now, and the result has been, not greater liberty, but a condition a servile degradation, with no opportunity for reaction or self-Improvement. If the French or German clerk or mechanic refuses to work on Sunday, there 1 always- someone who is ready to take his place. It would bo hard to imagine anything more pleasing to sordid and avaricious capitalists than the abolition of the Sunday laws. The secularization of the day would enhance their power of oppression. While Increasing the degradation of the working classes. In view of the situation in Germany and France, it Is hard

to see how like circumstances would fail to result in like conditions in America. SUNDAY RIOT AT TERRE HAUTE. "We cannot have forgotten the wild disorder and even dtegracefST violence which attended the Sunday baseball experiment in Terre Haute last season. It surely cannot be for the real interest of workingmen any more than for any other class that we put a premium upon such rioting by deliberately inviting the violation of a specific law, only eleven years old, and which has never been disregarded here. VThe law is as follows: Section 2087. R. 8. ISM, Chap. 36, on page 127 of the acts of 1S85, read3. 'Be It enacted by the General Assembly of the State of Indiana that it shall be unlawful for any person or persons to engage In playing any game of baseball where any fee 13 charged, or where any reward or prize, or profit, or article of value is depending upon the result of such game, on the first day of the week, commonly called Sunday, and every person so offending shall be deemed guilty of a misdemeanor, and, upon conviction, shall be fined in any sum not exceeding t2Z.' "We believe that the enforcement of this law will aid In the more rigorous enforcement of other laws against evils which are beyond the possibility of entire suppression. There 13 at least a partial enforcement of laws against gambling, Sunday liquor selling and other kindred evils. The way fo increase respect for the laws as a whole Is the Impartial enforcement at every law. That our working people need more time for their own use, free from the demands of their daily tasks, seems to . us beyond question. We therefore suggest as a practicable remedy for this evil that ah effort be made to secure a half, or quarter, holiday each week for our working people without any diminution of their weekly wages. They will then have time for such reasonable recreation and amusement as they desire and need, and will also have Sunday free for Its legitimate uses and rest. We believe that a large majority of our citizens, including those who employ labor, would favor such an arrangement. The law of the land and the law of God agree in giving us a quiet, orderly Sunday. They establish and protect one day in seven as a day of rest. They make the common pursuits of life unlawful on that day, except works of necessity and mercy. State and municipal laws especially protect the peace and order of Sunday by forbidding the opening of saloon??, gambling dens and places of evil resort. They forbid the playing of baseball where admission fees or business gains of any kind are taken. They recognize such places and games as tending to en

courage disorder, to increase drunkenness and vice, and to add to the number of people who must work on Sunday to minister to the pleasures and appetites of others. These places and games are wholly antagonistic to the purposes for which the day was established. They endanger the morals ef youth: they induce their patrons to waste earnings which are much needed for the support of families; they multiply the temptations which beset those who are already under the power of evil habits. Mothers and wives feel that their sons and husbands are safer when the Sunday laws are enforced against these institutions. OFFICERS HAVE NO DISCRETION. "Thoughtful men feel that it is monstrous that sheriff, or Mayor, or Board of Public Safety should hesitate for any cause to enforce tho plain, unequivocal , laws of the land of which they are tho sworn executive officers. That they should assume the slightest discretionary power in deciding what laws they will enforce and what laws they will allow to be broken with Impunity, is so flagrant a violation of official oath and so fraught with peril to all law, that public opinion should not tolerate it for an hour. If the men chosen to enforce law disregard it, who shall hold it In reverence? "There is no abridgment of holiday blessings by tho enforcement of law. The quiet of a day of rest shall refresh the weary toller, that shall permit him elevating and pure social enjoyment with his family and friends, does not require the open saloon nor tho crowds and excitement of Sunday games. Nor do we believe that it is tne working neople who are clamorous for the anarchy of disregarded and broken law. "The men who most want law violated are those who schedule the games, and open the resorts, that they may induce t.ie workingman to part with his money for their advantage. We will not believe that our county and city officials will shrink from the enforcement of these plain and wholesome laws, which they have solemnly sworn to enforce, or that they will present to the public the spectacle of trying to hide behind each other to avoid a plain duty. We will not believe that they are cowards, to be driven from duty by tho demands of law-breakers; or tools, to be bribed by votes, to the criminal neglect of official obligations. "We call upon our officials to prevent the playing of Sunday baseball In our vicinity, as by tho law and their official oaths they are required to do. And we call upon all citizens of Indianapolis to so support the dignity of law and the peace of society, that law-breakers shall be restrained and the good order and good name of our city shall be preserved." MRS. EWING ENGAGED SHE WILL Iin AT HEAD OP SCHOOL OP HOUSEHOLD SCIENCE. Propylneum Board to Pay Her $3,000, Which She Is to Raise from Manufacturers. There was a called meeting of the Propylaeum stockholders yesterday afternoon to consider the question of establishing a school of household science in this city. When Mrs. Emma P. Ewing gave her recent lessons in cookery at the Propylaeum she talked enthusiastically about ' such a school and an interview with her on the subject appeared in . the Journal. At a meeting of the board of directors there was a full consent to organize such a school and yesterday the stockholders present unanimously Indorsed the movement. Mrs. Sewall, president of the Propylaeum board, prepared a contract, which was sent tc Mrs. Ewing, and she signed it. By this, Mrs. Ewing will have the greater part of the responsibility of the school. Mrs. Ewing Is superintendent of the Chautauqua Cooking School, or School of Domestic Science, and la pre-eminently qualified to undertake the labor. By the terms of the contract, Mrs. Ewiitg agrees to raise the sum of 5,000 from the manufacturers of this city and she will in return agree, on their subscriptions, to use only their brand of goods and to have the fact thoroughly tidvertlsed in. the school and in other ways. The sum Is to be raised and deposited with ,the treasurer of the Propylaeum before the school is opened. The board of directors of the Propylaeum agrees to pay Mrs. Ewing J5,(XX in eight monthly Installments and to furnish the building for the school. Mrs. Ewing will give lectures In the adjacent cities and towns. The proceeds from thesr lectures and the tuition feet in the school will go to the Propylaeum. The proceeds from tho sale of all articles made in the school will go to Mrs. Ewing, who has to furnish all materials for the cooking department. In the school will be taught cookery, the work of the chambermaid, the household maid, who has the care of the parlor and other rooms and the care of tho silver, china and glas; the nursery maid, and, in fact,work of all departments of the household. There will be departments of theory and practice. In addition there will bo a training school, where teachers will be taught how to Instruct in all these departments. A committee of three from the Propylaeum stockholders will have charge of the conduct of the school, and they will give Mrs. Ewing a circular letter to announce the school. Mrs. Ewing Is to engage her own assistants, three In number, and. In short, she will havo almost absolute control of the school. The work will be undertaken for one year, with the understanding that If the director and Propylaeum are Justified It shall be continued indefinitely. This project is one which has been contemplated for several years. The time has not been thought oportupno till now. With the assistance of so capable a woman as Mrs. Ewing there is no apparent reason why this city will not surixrt such an Institution. Domestic service has been, and Is, -at sixes and sevens in most houses, so the women claim, and this step toward a school of household science is one which will in, a measure change the conditions to something pleasanter. The next step In the proceedings will be taken by Mrs. Ewing, and it will be known In 4 the course of a few months tha exact date of tho opening of the school. Deeds for a HI Land Deal. Warranty deeds transferring to the Pennsylvania Company the territory bounded by Delawire, Pennsylvania and Georgia streets and the Cnlon tracks, were filed with the county recorder yesterday by Frederick If. Pavis and George Hlu. The aggregate consideration was $196,000. Ode Desks of all styles. Wm. L. Cider.

TAKES A NEW PHASE

LEWIS "WALLACE, JR., FILES PETL TIO.V IS APPORTIOX3IET CASE. SIiotta Why Supreme Conrt Should Give People Guidance In Holding: nn Election. The litigation over the apportionment acts assumed a new phase yesterday after f noon. Lewis Wallace, Jr., an attorney f this city, took an independent staid by filing with the Supreme Court a petition to file an Intervening petition In the cass of William M. Denny and others against the State of Indiana, on the relation of Ferd E. Boslet, which was decided by the Supreme Court sixty days agp, with the rccu.t that the apportionment acts of 1??3 and 1?5 ate vi:con?tltut!onal. Mr. Wallace claims- to be acting absolutely independent of any party or particular interests. He has studied the apportionment situation and urged some such action as he now tak?s on the leaders of the political parties. Yesterday was the last day on which a petition for a rehearing of the cause could be presented. . Mr. Wallace, In his intervening petition, which was filed with his petition to file, sets forth that there Is no doubt about the case still being in court. He enters the case as an, elector. The petition avers that the recent decision was l elated only to isolated statutes and not to tho whole cause whjch to now wishes to present. The decision establishes a precedent whereby the Hamilton county court, in the suit now pending, must declare all apportionment acts Invalid. The prospects are therefore set forth point lng to the nonexistence of a Legislature, which will be a violation of tho State's compact with the United States and the Constitution thereof. Mr. Wallace petitions the court to decide which law 13 valid eo the Legislature may be chosen according to It and meet for the purpose of enacting a fairer apportionment act. Mr. Wallace claims, but not in his petition, that the reception oi his petition wlll scttle all apportionment litigation, much to the advantage of the electors of the State. The grounds for the petition are set forth in the following: "Petitioner has had no part either in the prosecution or defense of this cause and Is in no wise to blame for any mistakes or emissions in framing the issues therein, it is common information, which toe eour; may share, that this action, as the others about tho same subject, was prosecuted and defended under the supervision and control of the leaders of the great political parties, and tor the undisguised purpose of sustaining or overthrowing particular statutes, and because of suca purpose the questions raised and con3ldered, related only to isolated statutes and not to the wnole case hereby sought to be presented. Upon such questions this court has held and your petitioner does not feel aggrieved by the ruling, that neither the .apportionment acts of March, 1JW3, nor -the. apportionment act of March, 1&95, conforms to the requirements of bections 3, 4, 5 and 6 of Article 4 of the Constitution of this State. But because of the incomplete facts brought to the attention of the court, your Honors have given no opinion as to whether there is any statute making apportionment In this State which conforms to paid sections, or as to the apportionment according to which the ensuing election should be held, in case all such statutes are irregular. COURT INADVERTENTLY ERRS. "And your petitioner is aggrieved because of the omission to give an opinion upon these questions and to give effect to such opinion in the decisions and Judgment in this cause. He respectfully represents that, because of the partial 2nd Incomplete presentation of the case, this court, in mistake of the facts actually existing, has Inadvertently erred upon the following points: "First In holding, or suggesting, tnat tho election tnis year can be held according to tne apportionment made in ISSo, which has not Dten expre5sly adjudged invalid. That act Is clearly as defective as the others and open to the Identical 'objections held sufficient to overthrow' the' act of J805; to hold an election under it would be to make a pretense to which all. voters would have to consent, and that they have not consented Is demonstrated by the action begun in the Marlon Superior Court, appealed to this court on March, 1S96, and docketed as cause No. , of this court, where it Is entitled James W. Fesler, Clerk, et al. vs. Alembert W. Brayton. Petitioner refers to the record of that case on file here and particularly to the allegations of the complaint therein which state facts within Judicial cognizance and known to be true. It appears very clear that upon the hearing of that appeal the Judgment of the lower court will be affirmed in accordance with the decision In this cause. If th appeal is not reached in time the Judgment pf the lower court will hold good, and In any event, the defects of that apportionment. are notorious, having been tne frequent toplo of newspaper comment and public debate, so that It i3 as1 if that law. had been, adjudged invalid. The court has mistaken the fact as to the practical possibility of acquiescence in so holding the election; and, it is submitted that the error thus made was Inadvertent and should be corrected. Besides this, your petitioner and other electors are entitled to vote at an election t held in some manner und mode sanctioned by law, and It is not good law or sound policy to require an election to be conducted according to an apportionment which has, at best, but a merely pretended validity. "Second In holding, or suggesting, that, as the alternative to an election according to such pretended apportionment, the people must rely upon the Governor of the State to call the present Legislature into Bpeclal session to enact a valid apportionment. This suggestion must also have had Its origin in a mistake of fact. It Is now commonly known and the court can take notice of the fact, that a hopeless difference exists between the Governor and the Legislature, on account of which he cannot bo brought to tho opinion that It should be called together. On a very public occasion he refused to do so. There Is, therefore, no Tellef for the people in that direction. Besides, petitioner submits that a matter of such supreme importance as an election of a Legislature should not, under any circumstances, depend upon the discretionary power of any one man. however exalted his office or unimpeachable his personal character may be. Such Is not the law. THE FAULT OF THE RECORD. Third In pronouncing no opinion as to the law of the case actually existing. This was due clearly to the Incomplete and partial presentation of fasts offered by the record as made by the original parties. Were this a matter affecting them alone, the failure to develop all the facts would not avail in such a proceeding as this, but as the petitioner is in no wise to blame for such neg.ect and as the judgment Is binding upon him as a precedent at least in a matter where Its effect as a precedent will be so potent and as It Jeopardizes the highest right known to American law, the failure of one who volunteered to represent the State becomes a reason for granting rather than rfuslng the petitioner his opportunity to be heard. Your petitioner asks to bring to the court's attention that all the apportionments made since the adoption of the present Constitution are susceptible to substantially the same objections held sufficient to overthrow the acts of 1879. 1S01, ISM and 1S35, and that the older acts have become grossly unequal and unjust by reason of the increase and change cf population since their passage. Upon this showing he wishes to sobmlt that tho compact of admission and the guaranty of Section 4 of Article 4 of the Constitution of the United States do avail to save one of such enactments notwithstanding its irregularities to the end that a legislature may be chosen and a republican form of government main"Your petitioner shows to your Honors that Chapin C. Foster an5 others, being electors of the State of Indiana and entitled to vote at the election this current year, have filed their complaint in the Hamilton Circuit Court against the clerks, sheriffs and auditors of all of the counties of this State, wherein they show to that court that the apportionment acts of 1ST3. 1S31. 1893 and 18D5 have each been adjudged invalid by this court and that the apportionment acts of 1851. 1S57, 1SC7, 1873 and 1SS3 are each susceptible to the same objections as were so adjudged sufficient to overthrow the said acts so invalidated and wherein they pray for the Judgment of said court upon said acts; all of which will, your. Honors permitting, bo made more fully to appear by a copy of said complaint to be filed 1n thU connection. Your petitioner says that sail acts are In law and In fact obnoxious to Sections 3, 4. 5 and 6 of Article 4 of the Constitution of this State, as will appear from examination thereof in connection with the several enun eration. upon which the same were respectively based, ani that the truth is. as thi court cnajr judicially know from aJd enactments

and enumerations, that none of said acts make apportionment in the mode prescribed by said Constitution. "The Hamilton Circuit Court has Jurisdiction co-extensive with- the 'boundaries of the State, though inferior to this court, and Is prayed to inquire into these laws and decide under which the election this year shall be held and enforce Its decision by injunction and mandamus. In reaching a conclusion that court, by reason of the respect and obedience it owes to the authority of this court, must follow the precedents of the decision in this cause, and in Parker vs. State ex rel., Powell, 133 Ind., 178. and hold each of said laws inoperative and Ineffectual. The only judgment' upon such decision will be an injunction restraining the officers of every county in the State (who are all defendants to that action) from taking steps to hold the election under any of said acts. There can, then, be no election of Senators and Representees; and, as the present Incumbents can hold office only until the expiration of the terms for -which they were elected, there can be no Legislature. Constitution, Article 15, Section 3. SOME GRAVE POSSIBILITIES. "That result will Inevitably follow, unless the Hamilton Circuit Court shall take the view which Is now urged upon your Honors, that the decisions In Parker vs. State, and in this cause were upon partial and insufficient facts and not upon the whole truth, and shall, therefore, conclude that Mine other rule should be applied to the entire case there before the court. What considerations would then control Is a matter of conjecture, but it Is obvious that the decision of that court will be set up to some extent against the decision of this court and great confusion and very grave possibilities would ensue, especially as there would probably not be time for a review of its Judgment in this court upon appeal. "Your petitioner submits that, as the Hamilton Circuit Court has no power to render Judgment the effect of which is necessarily to suspend the existence of the Legislature and has no power to reverse a ruling of this court and there is no time for an appeal in regular course, a proper case is made for a writ of prohibition commanding that court to proceed no further in the action aforesaid; but, that the same result can be accomplished by allowing a rehearing in this cause and considering upon such rehearing not only the facts In the record, but those herein brought to the attention of the court and rendering Judgment upon the whole case thus presented. "Your petitioner would further show that upon reversal of this case, as hereinbefore ordered, the Sullivan Circuit Court will have and may exercise the same Jurisdiction upon an amended complaint as that held and about to be exercised by aid Hamilton Circuit Court; that its judgment may differ from that of- said Hamilton Circuit Court, so that two antagonistic judgments of equal authority may be attempted to be enforced at the same time. And your petitioner respectfully calls attention to the political nature of this case as Justifying such apprehension and the further apprehension of serious consequences which may ensue without time being allowed for an appeal and decision In this honorable court, the final arbiter of all such natters. NOT TO APPLY TECHNICAL RULE. "The technical rule against presenting new facts and new questions upon a petition for rehearing can have no application, for here something more than a mere rehearing la asked. It Is claimed that thy decision made, while unobjectionable upcrJ the very point decided, will, operating as a precedent, prevent a full consideration of the case actually existing, and upon which this court has not passed, and that the petitioner, who Is free from fault In relation to the incomplete showing made, will be injuriously affected by the Judgment so operating as a precedent. "The case is much stronger than was presented by the petition in Pollock vs. Farmers' Loan and Trust Company, 168 U. S., at Page 6C2. There the point was made that by reason of an equal division the decision sought to be reviewed had no effect as a precedent and much litigation would ensue. Here It is claimed that the decision doe.3 operate as a precedent, but in a case not before the court wherein its effects will be to violate the most sacred covenant of the State and impair the guaranty of the United States, that the people of the State shall have a republican form of government. A, "The case is stronger even than Green vs. Biddle, S Wheaton, at Page 17, though analogous to It. There the first decision was upon the question whether a statute of Kentucky contravened the compact between that State and Virginia, and a rehearing was granted and full argument allowed upon the further question not theretofore raised, whether the compact was within the protection of the Constitution of the United States. That practical consequences are to be considered, see People vs. Rice, 13o N. Y. 473, 508; Rumsey vs. People, 19 N. 52. And this court has, in this very case, stronglv declared that technical rules shall not prevent a full hearing and right decision in such a matter, saying: vt thA neonle of the State. In their

sovereign capacity cannot, for sach reasons, be estopped from asking for. a determination of the validity of a law under which it is now proposed that they shall elect the next Legislature. When the people of this 8tate appear at this bar with such an Issue, there can be no question of estoppel. The inquiry is one reaching to the foundations of government.' "This intervenor is suing for the people in a truer sense than was the relator, who merely represented a political party, and th3 issue which he wishes to submit Is, whether the people have any law at all under whidh they can choose their next Legislature; an Issue which is being formed in a court of inferior, but competent. Jurisdiction, whose decision will be prejudicially influenced by the decision your Honors are now asked to review. A stronger case cannot bo imagined. Of course, a rehearing will not prevent this court from making such Judgment as may be Just relative to costs and the private matters of the original litigants." The Question raised by Mr. Wallace Is, what effect does the obligation to support a republican government, or representative democracy in this State, have upon the present actual case of the electors of this State? The practical operations of a court's decisions, so as to conserve and not defeat the principles ,of government, is submitted as a principle in the case, so that some apnnrtlrtnmanf' aft TT7 1 V YlO kfnt liV'P tO the end that the peoole of the State may have some way or electing senators ana representatives this year. The petition avers that this can only be done by construing together the national Constitution, the State Constitution and the - several apportionment acts in the light of the historical fact? connected therewith. m A TVia a t tondnn nf b Miirt is railed to the fact that there is no precedent for a de cision practically annulling ail apportionment laws and leaving the people without lawful mpan nf holdinc an election Of a Legislature. The cases of Board vs. Blacker, 9Z Mien., uj; uiaainas vs. .uiavKer, Mich., 1, and People vs. Rice, 135 N. Y., 473, In aiinnnrf nf th Halm. In the last-named case Judge Peckham, who has since ben appointed a Supreme Judge of the United States, rouna inai tne aci Buommeu was defective and unfair, but refused to anVia BQtriQ fnr tho nnn that dnlnar bo would leave the State without any appor tionment according to wnicn to noia ineir election. The people have construed, so the petition A POISONED LIVER Don't Keep Poison in Your Body Longer Than You Have To. If your stomach poisons your liver the Con sequences may be serious. What poisons arise in your stomach come from undigested food which has decomposed there. They are absorbeoTby your blood and go to your liver, where they paralyze Its functions and make you bilious. Finally they go into the blood again and are carried all over the body, disordering your different organs, and perhaps making you dangerously sick. This is the origin of many diseares which are not always known for what they are. The poisons of undigested food can only be got rid of by the use of a purifying, strengthening, digestive tonic, like the Shaker Digestive Cordial. A few doses of this wonderful cordial will soon clear away all undigested, fermenting, poisonous substances, restore your appetite. aid you to digest your food, purify your liver and blood of all dangerous poisons, and restore you to perfect health. It, will cure biliousness, Indigestion, nausea, headache, dizziness, mental depression, weakness, fever, flatulence, constipation, loss of appetite, bad taste in mouth, stomachache, anaemia, rheumatism, etc., where other mediclnes will barely give relief. At druggists. Ten cents ror a trial bottle. Write for free book to The Shakers. V) Iteade street. New York.

says, their obligation to be such as to give at least temporary validity to defective statutes for the purpose cf continuing the existence of the Legislature: and the United States, through all its departments, has recognized this as a sufficient compliance with the State's undertaking. The purpose of the petition is then set forth. The court is asked to re-examine the case . with the additional facts lierewith. brought to the attention of the court and in the light of the supreme law, requiring. that some apportionment be sustained, at least temporarily, for the purpose of electing Representatives and Senators this year, and thereby preserving the continued existence ot the General Assembly." Hamilton Conntr Case Next Monday. The county officers of the State, who were made parties to the apportionment suit brought in the Hamilton county court, have been Informed that the case is set for hearing next Monday. The ca.e may not be taken up before Tuesday or Wednesday. It is reported that the attorneys for the Democratic State committee will ask for a chancre of venue. The case will probably reach the Supreme Court some time In May. A WEEK OF RELIGIOUS SERVICES.

The Passover of the Jews In the Christian Churches. The Jewish peop'e of the city are celebrating the Feast of the Passover, which began Saturday night at sundown and will continue for eight days. In addition to the congregation of progressive Jews, of which Rabbi Messing is at the head, there are three Jewish churches in this city.! They are Congregation Kennesses Israel, at Merrill and Eddy streets, Simon Glassraan, rabbi; Congregation Shara Tefilla. No. K2 South Meridian street, Meyer Levin, rabbi, and the Hungarian Congregation Ohew Zedeck, at Louisiana street and Virginia avenue. The Catholic and Episcopal churches will celebrate Holy week, which commenced last Sunday. Thursday morning. Bishop Chatard will celebrate pontifical high mass, and the following day (Good Friday) services will be held at St. John's Cathedral. Kach day this wek at 12:05 o'clock there will be ten minutes' service at Christ Episcopal Church, and everting nraver at 4:30 o'clock. Communion will b luld at 10:30 o'clock each mornbis. except Friday, when morning prayer, litany arid ant.-commumon will be held. Wednesday evening there viH be prayer and a Ferxr.on, and special baptismal services at 40 o'clcrk Saturday. All of the city churches are preparing special music for Easter. nnoTAX nnos. opening Millinery Novelties. ' Yetfrdav. Brosnan Bros, gave a Spring opening in lliMr millinery department at thedr bis vtoic. on South Illinois street. The lad wore all del'ghted with the new spring ttyVi. Music was furnished by an orchestra and souvenirs were presented to the ladies in shape, of bouquets. Brosnan Bros, have enlarged their business, having taken In several additional stores. Other additions will be made shortly to accommodate their growing business. Notice to Stockholders. Office of the Citizens' Street-railroad Company of Indianapolis, Ind., March 27, 1KW. The transfer books of the company will be closed April 13. li6. and further transfers of stock will be suspended from that date until after the regular meeting of stockholders, in May, 1896. AUGUSTUS L. MASON. President. W. F. (MILHOLLAND, Secretary. Eastman, Schleicher Lee OfUce with Lilly & Stalnaker, 64 East Washington street. Please call and settle your account as we are closing up our books. . Inanre Yonr Property With the McGIlliard Agency Company. Champagne as a restorer has no equal. Cook's Extra Dry Imperial is pure, delicious and sparkling. Hardwood Mantels, Grates. Jno. M. Lilly. Feed your horse JAMES'S Dustless Oats, Insure your home in the Glens Falls. Plumes, Tips and Aigrettes Colored and curled, liumtt mads into half plumes. CilAKUM FAILLES, S3 South Illinois street. Sensation. Ladles Waists given away, see When window. Kimball Pianos. Carlla A Lennox. 31 E. Market $t EASTER GREETINGS In odd and dainty forms. Bon Bon Boxes, Viniagrettes, Salts Bottles, Cold Cream Boxes, etc., mounted with fine miniatures. New colors in Leather Purses and Card Cases, Fine Pins and Novelty Jewelry. Give something lasting. Julius C. WalK, Indiana Leadlna: Jewelers. What We Do and Others Don't We produce the finest laundry work In the State. We do it at less wear and tear than any other laundry. Send postal or Phone 249 and have your linen called for and delivered. THE EXCELSIOR LAUNDRY. "fry our hand laundering on dress shirts. GRANDE

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