Indianapolis Journal, Indianapolis, Marion County, 2 December 1897 — Page 3
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AMUSEMENTS. Thus far "The Man from Mexico,” in, which Willie Collier appears at English’s to-night, has been a greater success than Du Souchet’s first play, "My Friend from India.” Coming so quickly on the heels of his first success, many have supposed that Du Souchet must have had “The Man from Mexico” in his trunk when "My Friend from India” was produced. This is a mistake. "The Man from Mexico” is taken from a French farce which Smythe & Rice secured and had Du Souchet put on some finishing touches, so that the fortunate farce writer could have two successes going at the same time. Willie Collier, Louise Allen and a clever company are said to deserve no little praise for the success of the play. O. B. Smith is in the city as advance agent for Kellar, the magician, who will be at English's Thursday evening, Dec. 9. There will be a change of bill at the Park this afternoon, when Ferguson and Emerick, with their company, open in "McNulty's Visit,” by the author of the *’Finnigan” plays. The engagement of Scribner’s # Columbian Burlesquers at the Empire tvill continue until Saturday night. Mrs. Fiske, whose great success In “Tess of the D’Urbervilles” has attracted the attention of the theatrical world, became a star at the age of sixteen under the wellremembered name of Minnie Maddern. Since that time and up to the time of her retirement she became identified with several plays, among them being "Caprice” and “In Spite of All.” When she married in 18,0, and retired from the stage, she had no thought of permanent relinquishment of the theater. She felt.that a period of rest from a vocation which' had been practically continuous since childhood would result in a development more certain and thorough than constant activity on the boards. Mrs. Fiske’s occasional appearance for charity in New York during her retirement, in plays that had tested great genius in others, and the number of parts she has played since her return to the stage, have illustrated her marvelous artistic expansion and genius. During the season of 1896-97 she toured the country in a play entitled “The Right to Happiness.” She had been accepted throughout the country as the most original and artistic of American actresses, when last spring, in “Tess of the D’Urbervilles." she electrified New York, whose critics declared her to be unequaled among actresses of the English tongue. Daiurosch'tt New Singeri. PHILADELPHIA, Dec. 1.-The performance of "Lohengrin” by the Damrosch and Ellis Opera Company to-night served to introduce anew singer in the person of Madam Staudigl, who made her American debut as Ortrud. Madam Staudigl has a powerful contralto voice and she made an excellent impression. She sang the part In accordance with Beyreuth traditions, having appeared there for several seasons. David Bishpam, after having gained fame as a singer in Europe and this country, made his first appearance in his native city as Telramund. He was given a deserved ovation. Kraus was Lohengrin, and Cadskl the Elsa. Both of these artists strengthened ’he good impression they made last yea-. Herr Staudigl, as the herald, made his reappearance in America. He was last heard In America under Damrosch at the Metropolitan Opera House. New York, in 1894. The Hopper* Stick Together. BALTIMORE, Dec. I.—Miss Nella Bergen. the prirna donna soprano about whom D Wolf Hopper and Edna Wallace Hop*per recently quarreled, resulting in suits for divorce, to-day left the company of Mr. Hopper, which is playing in "El Capttan” at the Academy of Music. Miss Bergen will fill the leading role in Sousa s new opera. “The Bride-elect.” Miss Alice Judson, formerly of the Castle-square Opera Company, has taken Miss Bergen's place tn "El Capitan,” and Mrs. Hopper will continue with her huslbund. Notes* of the Stage. Viarda, the new Polish actfess, who opened in New York Monday in "Alexanmust be about the worst' seen there since the Cherry sisters, judging by the papers. • Since the injunction war, granted in New York a gains-. George W. Lederer interfering ’with the performance of the opera "1999," at the Casino, there has been no more hissing in the audience, and the opera is moving along smoothly. Magistrate Teule, in Brooklyn, yesterday, decided against Maxine Elliott in her claim that a ring in the possession of J. F. Hcaly,
a pawnbroker, belonged to her. Nat Goodwin bought the* ring from Healy because he said it looked very much like the one Miss Elliott lost.
Frederick Paulding, who recently 'left Walker Whiteside’s company in the South, has arrived in San Francisco, where he is to be leading man and stage manager at the Alcazar Theater. Judge Andrews, in the New’ Y"ork Supreme Court, Tuesday, dismissed the action to recover 15,000, brought against Robert L. Cutting and his wife, Minnie Seligman Cutting, by Stanislaus De Goissons, a playwright. Dc Goissons had failed to appear or give security for costs should the suit result in his defeat. Mr. Sousa has temporarily abandoned his concert tour In order to give his exclusive attention to the rehearsals of his new’ comic opera, “The Bride-Elect,” which are now going on at the Knickerbocker Theater, New York, under the direction of Ben Teal. A cast, including Albert Hart, Nella Bergen, Christie MacDonald, Lillian Carlsmith, Melville Stewart and Harry Luckstone, a chorus of fifty, a ball.t under Carl Marwig, and a military band will take part in the production, which will be made at the Boston Theater on Jan, 3. Anna Held, at Koster & Bial’s, has anew “coon” song, written by that clever New York newspaper jingle writer, Paul W r est. It is called "I Want Dem Presents Back.” For the chorus an enormous back scene had been prepared. On this were painted the words and music of the chorus. The piece of scenery was as long as the stage of Koster & Bial’s is wide and just as high. In place of the quarter notes were the animated heads of seventy-five negroes with excellent voi<| 8, who sang the chorus, which promises to become popular. It is as follows: "I want that bran-new cook stove; I want dat chair; I want dat looking glass, de comb to comb my hair; . . I want dat carpet, yes, sir. Won t git it? Wal, I guess, sir! Carve me and starve me; I want dem presents back.” PERSONAL AMD SOCIETY. Miss Irene Wetherald, of Connersville, is visiting Mrs. George K. Trask. Mr. and Mrs. M. Maurice O’Conner have returned from their wedding trip. Miss Minich. of Worthington, is visiting her sister, Mrs. Charles Railsback. Mr. and Mrs. George B. Walton will leave in a few days for southern California. The Misses Langsenkamp have Issued invitations for a card party Thursday, Dec. 9. Mrs. St. Clair Parry, who has been visiting friends at Rushvllle, has returned home. Tea cards have been issued by Mrs. Benjamin Harrison for Tuesday, Dec. 14, from 3 to 6 o’clock. Mrs. O. B. Jameson will give a tea this afternoon for Miss Stamp, who is visiting Mrs. Milbum. Mrs. James Miller, of Broadw-ay street, will entertain a number of friends at dinner to-morrow. Mrs. W. O. De Vay has issued invitations for a whist party Monday evening for Miss Summers, of Louisville. Miss Cara Daniels, of Laporte, is visiting her sister. Miss Isabel Daniels, No. 840 North New Jersey street. Mrs. Charles N. Thompson entertained a few friends yesterday afternoon for Mr. Thompson's mother, of Crawfordsville. Mrs. Ross, of Terre Haute, and Mrs. Dryden, of Chicago, are visiting their sisters, Mrs. John M. Kitchen and Mrs. Morris Defrees.
Mrs. H. S. Braden, of Crawfordsville, who has been making a short visit to her sister, Mrs. A. H. Blair, returned home yesterday. Mr. Joseph Gray Kitchell has returned from a ten days’ trip in the East. Mrs. Kitchell left last' night for a week’s visit in Madison, Wis. Mr. and Mrs. E. C. Atkins have issued invitations for a reception and musicale next Wednesday evening for Mr. and Mrs. Arthur P. Preston. The postponed meeting of the Portfolio Club will be held this evening. Miss Alexander will read a paper and will have charge of the music. Mr. and Mrs. Miles W. Burford will return next week from their wedding trip and will be with Mr. and Mrs. William Burford until they take possession of their new home. Mrs. William Garstang entertained informally at cinch last evening for her guests, Miss Marion Richardson, of St. Louis, and Miss Gertrude Zerbee, of Wabash, Ind. Mrs. Charles Allen Dale will give a tea Tuesday afternoon for the benefit of the McAll mission. There will be a number of pictures by Mr. R. B. Gruelle on exhibition and for sale. Mr. Richard Byron Overstreet, who has been singing at the Central Christian Church, has been engaged by the Second Presbyterian Church for next year in Mr. Doechez's place. Mrs. Patterson and daughter, Miss Jessie Patterson, who have been spending two months in New York, where Miss Patterson has been studying music, will return home next week. The Aftermath Club will meet this afternoon at the residence of Mrs. J. A. Miller, No. 764 Broadway. Mrs. M. Allison, Mrs. C. Behymer, Mrs. V. Woodward and Mrs, McMafcan will read papers. Mr. and Mrs. E. J. Heeb will give a musicale this evening for the Misses Lawler, of Salem. The Misses Lawler, who have been visiting the Misses Mclntosh for a few weeks, will return to their home in Salem on Monday. Mrs. Governor Mount will not observe her day at home to-day. Mrs. Charles E. Wilson, wife of Governor Mount’s private secretary, gives a reception to Mrs. Mount and other ladies of Indianapolis at her home, in Lebanon, to-day. Mr, and Mrs. W. C. Whitehead entertained friends at cards last evening for Miss Whitehead, of Jacksonville, Tenn. The house decorations and favors were flags, and the ices were in star form, making a patriotic accompaniment for the evening. Invitations have been received from Mr. and Mrs. William Rockefeller for the marriage of their daughter Lillian and Mr. Churles Abel Russ, to occur Dec. 16 at Middletown, N. Y. The at-home announcement is for Chicago after Feb. 1. Mr. Russ is well known in this city, where he has frequently visited. Mr. and Mrs. James A. Tarlton have issued invitations for the marriage of their daughter, Julia Katherine, and Mr. Lawrence White George, to occur Wednesday, Dec. 15, at 6 o’clock, and a reception from 8 to 10 o’clock, at their residence. No. 2115 College avenue. The at home announcement is "after Jan. 1 at No. 1707 College avenue.” Y A pretty home wedding occurred last evening at the residence of Mrs. Jennie Shorb. No. 601 East Ohio street, her daughter, Miss Hattie, and Mr. Guy W. Hereth being married at 5 o’clock, the Rev. J. R. T. Lathrop, of Edwin Ray M. E. Church, performing the ceremony. After an extended tour through the South, they will be at home to their friends after Dec. 15, at No. 601 East Ohio street. Mrs. M. A. Moore has issued invitations for the marriage of uer daughter Ida Belle and Mr. John Milton Paver, jr.. to take place Wednesday, Dec. 15, at her home, No. 1840 East Tenth street, at 6 o’clock. The ceremony will he followed by a reception from 8 to 10 o’clock. Mr. Paver is the son of Mr. and Mrs. J. M. Paver, of Park avenue, this city, and is now permanently located at Montgomery. Ala., where he is the superintendent of the Bradstreet agency tor southern Alabama. Mr. and Mrs. Michael J. Ready gave a handsome card party lust evening at their home on Central avenue in honor of Mrs. Ready’s brothers, Mr. William O’Connor, who has recently returned from Europe, and Mr. Morris O’Connor and his bride, formerly Miss Evangeline Hyland. The rooms w’ere decorated with roses and palms, and the receiving party stood under a canopy of smiiax before the mirror. Mr. and Mrs. Ready were assisted by Miss Theresa O’Connor in entertaining. Mrs. Edward Hawkins gave a handsome luncheon yesterday. The guests were seated at one long table and five small tables, each of which was decorated with different flowers and had embroidered cloths to match. The guests included Mrs. Lawson Boyd of Columbia, S. C., Mrs. Elliott and Mrs. Carey of Terre Haute, Mrs. W. P. Benton, Mrs. J. J. Appel, Mrs. M. W. Mansfield, Mrs. Richard Miller, Mrs. H. A. Bingham, Mrs. G. C. Beck, Mrs. Granville Ballard, Mrs. O. W. Jenkins, Mrs. Adelaide Thomas. Mrs. C. D. Johnson. Mrs. A. W. Conduitt, Mrs. Byron Hutchinson, Mrs. J. H. Greenstreet, Mrs. J. H. Serff, Mrs. L. A. Kinsey. Mrs. Frank Carter. Mrs. Richard Reeves, Mrs. A. J. Gardner, Mrs. Thomas Dean, Mrs. T. W. S. Belcher, Mrs. John Stone, Mrs. T. A. Winterrowd. Mrs. Dwight Fraser, Mrs. E. E. Babcock and Mrs, Major Taylor. The afternoon was spent at whist. Mrs. C. E. Merrifield and Mrs. Philip Mutehner assisted Mrs. Hawkins in her entertaining. Mrs. F L. Mayer was hostess for a beautiful tea yesterday afternoon at her home on North Delaware street. Mrs. Mayer was assisted in receiving by her mother, Mrs. Lathrop. of Greensburg. Mrs. F. E. Gavin, of this city, and the Misses Zoller,
THE INDIANAPOLIS JOURNAL, THURSDAY, DECEMBER 2, 1897.
of Greensburg. Mrs. Mayer was assisted by Mrs. William Scott, Mrs. H. T. Bennett, Mrs. George R. Sullivan. Mrs. Charles M. Reynolds. Mrs. G. A. Schnull. Mrs. Samuel Cornell Carey, Mrs. E. C. Miller, Mrs. Milburn, Mrs. W s H. Coleman and Mrs. Harold Taylor. Pink roses adorned the parlors In the library the table appointments were Dresden and the flowers were chrysanthemums in Dresden colors. Miss Wasson, Miss Knippenberg, Miss Miller, Miss Malott, Miss Foster, Miss Fountain, Miss Reese, Miss Stamp and Miss Carrie Hauelson served coffee. In the Flemish dining room American Beauty roses, with crystal and silver, were used. Mr. and Mrs, Mayer will give a dance at the Propylaeum Friday evening. Miss Villa Whiteney White, a woman of charming presence, with a finely cultivated voice, gave an interesting lecture recital yosteroay afternoon before the Matinee Musicale. Miss White gave a description of the character of the folk songs of Germany and fully illustrated them. She first gave a translation of the words in English and then sang the songs in German, which she pronounces to perfection. The songs were from the fifteenth century up to the present time, arranged by Dr. Heinrich Reimann, of Berlin. They showed the simplicity of the early form and the gradual elaboration, the early song being frequently Introduced in the later songs. Os the modern songs in the folk song style the composers represented were J. A. P. Schulz, Josef Hyden, Schubert. Mendelssohn, Schumann and Brahms. Miss Mary B. Dillingham played sympathetic accompaniments for Miss White. The entertainment is one which instructs while it pleases. Miss White and Miss Dillingham returned to Chicago last night. TOMPKINS-GREGG. Special to the Indianapolis Journal. RUSHVILLE, Ind., Dec. I.—At the residence of Mr. and Mrs. L. B. Gregg last evening Miss Gussie Gregg and Robert W. Tompkins were married by Rev, C. W. Tinsley, of the M. E. Church. The bride wore a novelty silk combining the rich shades of mahogany and hunter’s green. The bodice was trimmed in cream embroidery, having a V-shaped yoke of cream crepe de chene interwoven with the tiniest of black velvet bands. Mr. and Mrs. Tompkins will be at home in this city after next week. LEWELLYN—BOTTORFF. Special to the Indianapolis Journal. JEFFERSONVILLE, Ind., Dec. 1.-Tho marriage of Mr. Charles C. Lewellyn and Miss Mary A. Bottorff was solemnized at the home of the bride’s parents, near here, to-night. A SUICIDE AT TERRE HAUTE. H. D. Nealy, u Local Draughtsman, Found Deuil There. H. D. Nealy, a draughtsman with rooms in the Ingalls block, this city, was found dead in a room in the Filbeck Hotel, Terre Haute, yesterday morning. It is supposed Nealy took his own life. He left his home, in this city, a week ago. His wife, who lives at No. 1525 Bellefontaine street, understood he was going to Chicago, according to the statement of a neighbor. He reached Terre Haute Monday evening on business relative to a patent. He occupied a room at the Filbeck Hotel Tuesday night, leaving a call for 8 o’clock yesterday morning. When the porter tried to arouse him he was unsuccessful and called the landlord. A bellboy was lifted through the transom, and Nealy was found on the bed breathing heavily. An attempt to resuscitate the man by walking him about the floor proved futile, and an electric battery was applied. By this means the victim was temporarily revived, and he informed the physician that he had taken two ounces of laudanum. He repeatedly asked to see Frank George, of St. Louis, and insisted that he be sent for before death came. A few minutes later he died. There were indications that Nealy had been drinking heavily. He was also an excessive cigarette smoker. From the condition of Nealy’s mouth and throat the physician who examined him believed he had taken carbolic acid in addition to the laudanum. Nealy was thirty-seven years of age. He had a wife, but no children. He came to Indianapolis from Washington, D. C., about tw’elve years ago, and for a time was employed by C. B. Jacobs, a patent attorney. He was an expert draughtsman Last April he opened an office in the Ingalls block. Some time ago the federal grand jury was called on to investigate some patent frauds. Nealy’s name was mentioned at the time by the federal officers, but the grapd jury found nothing in his affairs to Investigate. Lately his wife has been employed by one of the downtowm dressmakers.
INDUSTRIAL EDUCATION Mr*. Florence Kelley’s Talk at the First Presbyterian Church. The Citizens’ Education Society, an organization, whose purpose is to bring about a stronger co-operation between the home and the school, held a special meeting last night at the First Presbyterian Church to listen to a talk on the "Social Necessity of Industrial Education” by Mrs. Florence Kelley, of Chicago. There was a large attendance. Mrs. Kelley comes directly from Hull House, the well-known social settlement of Chicago. For several years she was state factory inspector for Illinois, in her talk she urged the importance of maintaining industrial departments in the district schools. She believed the children should be schooled in industrial pursuits, as well as the older scholars who attend the regular manual training schools. She could not see w r hy there should not be a workshop in the district school where the girls and boys cculd be taught. She spoke of the Chicago Training School, where boys and girls from six to ten years can be seen dally preparing their own lunch. An industrial department in the school, Mrs. Kelley maintains, is a boon to the nervous child. There the child can be regulated by these periods of industrial work. Many queries were put to Mrs. Kelley by people in the audience. President Day, of the society, said at the close of the meeting it was apparent from the interest taken that the organization was bound to thrive. It being a special meeting, no business was transacted. CITY NEWS NOTES. S. D. Pierson is confined to his room on account of an injury received by a fall on Nov. 2. The entertainment of the Thomas Post, W. R. C., last night was a novel affair, due largely to the participation of the Dale Quartet, of which C. J. Farrel is leader. It w'as reported yesterday that "Lew” Morrell, state foreman of the Central Union Telephone Company, has just been notified that he drew SB,OOO from a lottery. Mr. Morrell was out of the city yesterday. Rev. Earle Wilfley will give a stereoptieon lecture on "Ben-Hur” at the Third Christian Church, corner of Thirteenth and Ash streets, to-morrow evening. Mr. Wilfley was an actor before he entered the ministry. E. J. Edmunds, living at No. 379 Kentucky avenue, was arrested yesterday on a charge of grand larceny. He stole a cloak from Airs. Moore, who lives in the Spades Block, on Massachusetts avenue. He admitted the theft. Dr. Eli F. Brown will deliver an address, illustrated with a large number of stereopticon views, on "The Far West.” in the McCulloch Club’s series of Thursday evening illustrated entertainments, at Plymouth Church this evening. Charles Maguire, president of the Board of Public Safety, went to Decatur, 111., yesterday with other Scottish Rite Masons to attend the funeral of Robert Taggart, Mayor Taggart’s brother, who died at Battle Creek, Mich., Monday morning. Stamp Sales Increase. The stamp sales at the Indianapolis postoffice for November amounted to $32,191.43, compared with $26,737.91 for the corresponding month of 1896, an increase of about 20 per cent. Broker Indicted. CLEVELAND, Dec. 1.-A secret indictment was returned by the grand jury today against L. L. Becker, an investment banker and broker, of Minneapolis. He Is accused of swindling his cousin, John C. Gleim, or this city, oit of $2,700, with a bad check. Busy Up There. A reporter stopped for a few* minutes at the Kitchell Residence Studio, No. 614 North Pennsylvania street, last night, and found the entire corps printing and mounting by electric fight. “No time to write any advertisements," said Mr. Kitchell: just give me a news item, with the .positive assurance that all work promised for Christmas will be delivered without disappointment, but those wanting holiday photos had better come pretty soon or we cannot promise them.” So this is the item.
INJUNCTION BY STATE BEST STEP TO TAKE AT ONCE IN THE GAS V4STE MATTER. Local Alans Meeting Petitions the Gas Inspector and Attorney General to Act Immediately. * — If the action taken at the citizens’ meeting in the Circuit Court room last night accomplishes what is predicted there is a fair chance of stopping the waste of natural gas in the gas belt. A. F. Potts, chairman of the Commercial Club committee that was appointed to co-operate with the city authorities, suggested that immediate relief could only come through suits to enjoin the oil operators from continuing the useless waste of gas. He read a section of the law on the subject, which seems to give the gas Inspector ample authority to take all steps necessary, and he suggested that a suit ought to be instituted by the gas inspector in the name of the State. Under such a proceeding, he said, no bond would be required and the entire proceeding would be under the charge of the attorney general. With this end in view, resolutions he offered were unanimously adopted. Following are the resolutions: “Whereas, It is a matter of general knowledge that the comfort, happiness and prosperity of the capital city and many of the surrounding cities of the State of Indiana are threatened by the loss or serious fiiminution of the natural-gas supply, through the wanton waste of gas in the wells drilled for oil throughout the gas territory from which we draw, and, "Whereas, There is an emergency for the immediate stoppage of this waste; therefore, be it “Resolved, That we hereby request the aid and assistance of the Governor and the attorney general of the State of Indiana, as well as the aid and assistance of the natural gas supervisor in prosecuting such suits as are now’ pending and In instituting such other suits as may be allowed by law to prevent the further waste of gas in the State of Indiana, to the end that this great blessing which is now enjoyed by our people may be enjoyed as long as possible. "Be It further resolved, That the chairman of this meeting appoint a committee of five to present these resolutions to the Governor and the attorney general of the State and to assist in carrying out the objects of this meeting.” As had been anticipated the meeting was not very well attended, the call for It having been issued too hastily. Among those present were Governor Mount, Acting Mayor Johnson, City Attorney Kern, Samuel E. Morss, William Fortune, president of the Commercial Club, I. S. Gordon. D. M. Parry and other members of the Board of Trade, several members of the Commercial Club, including Nathan Morris, A. F. Potts, Bement Lyman. James B. Curtis, John S. Lazarus, R. N. Lamb, attorney for the Consumers’ Gas Company, S. E. Rauh, Representative Hubbard and others. Robert Graham, of Noblesville, was one of the interested spectators. Deputy Attorney General Moores came in before the meeting adjourned. JUDGE LAMB PRESIDES.
In the absence of the mayor John W. Kern called the meeting to order. Robert N. Lamb was chosen chairman arid William Fortune secretary. Chairman Lamb stated that the purpose of the meeting was to take some steps to stop the ruthless wase of natural gas In the gas belt. He said that this had become a matter of grave importance, not only to the citizens of Hamilton, Madison, Delaware and other gas-belt counties, but to residents of Indianapolis as well. For seven or eight years Indianapolis has been enjoying the luxury of this fuel and would find it a great calamity to have to return to the old methods. He called for a discussion of the subject. A. F. Pott?, chairman of the Commercial Club committed, that the meeting w’as not unlike that of ten years ago, when means were discussed and steps taken to get gas. Now the question is how to keep it. “We have been proud of the results of that meeting,” said he, "and the wonderful growth of the city is largely the result of what was done then. As I take it it is as important now to save the gs as it was to get it then.” Mr. Potts spoke of a visit he made with the American Association of Science to the gas belt after its discovery, when gas was being burned out ol’ the wells. It was pointed out by the scientists that gas would not last for ever, and that it ought to be preserved. He said that Bement Lyman had illustrated the great diminution of the gas b>’ saying that when wells were drilled in old fields the pressure was down to one hundred pounds where it had formerly been 350 pounds. Discussing the possibility of stopping the gas waste Mr. Potts said: "The framers of our federal and state constitutions, in their effort to preserve the individual rights of the citizens' against the possibility of future encroachments, incorporated several provisions which are too often relied upon to defeat the general welfare. But our courts have had the courage to so ronstrue these provisions as to preserve the spirit of constitutional liberty and at the same time restrain men in the exercise of their individual rights where such exercise would conflict with the rights of others. NO ABSOLUTE OWNERSHIP. "There Is nothing left of the doctrine of absolute ownership in anything. Your real estate may be assessed for its full value for the improvement of the thoroughfare in which you have but an interest. Your premises may be entered for the inspection of the water or other pipes. Y'ou may not store gunpowder or other explosives within your own walls. Your building may be tern down if it is not of a character complying with a fcity ordinance and threatens the life or property of any other person. If it is in the time of a disastrous conflagration, it matters not how substantial its character, it will be blown to atoms to stop the spread of the fire. You may be driven from it by the Board of Health and see al. your household treasures given to the flames and you and your wife and children taken into custody and put in quarantine to prevent the spread of some dread disease. Y'ou may not take fish in your own waters as you please or shoot game when it suits your fancy, though found on your own fields. And so, with each advance of civilization ar.d improvement, you find your individual rights more and more restricted by consideration of the rights of others. “Our Supreme Court has well said: ‘While our republican government guarantees the right to pursue one’s own happiness, yet that government is charged with the duty of protecting others in the pursuit of their happiness. And when that right is asserted in such a manner as to conflict with the equal right to the same thing in others it is not an inalienable right, nor a right at all, but Is a wrong.’ “And applying the doctrine to the waste of natural gas they say, in the case of Townsend vs. State, reported in the Fortyseventh Northeastern: ‘lf, therefore, it makes appellant happy to waste natural gas for the want of which others are made to suffer and be unhappy as the direct result of such waste, then the pursuit of such happiness is a positive wrong.’ "The distinction is made by the court, and well taken, that no legislation can be directed against the use. but only the abuse or waste. For example, the act against the piping of gas out of Indiana w’as held invalid, the court recognizing no such territorial lines und making no distinction between the citizen of Chicago und the citizen of Indianapolis. Gas in the pipe becomes personal property, which the owner may sell w’here he pleases, but he may not vantonly throw away this bounty of nature simply because he finds it beneath the soil on which he holds a title. "In the case of Gentle vs. State (29 Ind., 415) our Supreme Court, applying this doctrine to the fish laws, holds: "No individual property in fish exists until they are taken and reduced to actual possession. They are valuable for food and the public has an interest in their protection and growth, and the Legislature has a right to regulate the time when or the means by which they may be taken.’ "An even stronger case may be found in Massachusetts, reported in 11 Mets., 55, where a man was indicted for removing his own sand from the beach ft Chelsea. Chief Justice Shaw lays down the broad doctrine of the law as follows: ’All prop-
To=Day, Friday 1 h*GRBATm | Clearance Sale ||| At 10c to 25c on the Dollar i:! i ==OF ALL OUR== | Fine Millinery and the Balance of the ||i|| Wholesale Millinery Stock. 55S j j Everything goes in this sale, from a Feather Tip to the finest Pattern Mats. We must have room for Holiday Goods.
Untrimmed Hats One table of Hats, Children’s Hats and Women's Dress Shapes, worth 75c to $1; clearance price imC Two tables of Felt Hats, all styles and colors, positively all this season’s styles, regular prices everywhere $1 to $2.50; Ofl, sale price, 48c and AzJC Flats 100 Flats, all colors, Women's and Children’s sizes, regular prices everywhere $1.25 and $1.75; closing price IVC Chenille Hats A splendid assortment, all colors, very stylish, regular prices $1.75 o"7r and $2; to-day's closing price mdm Sailors Satin Crown Sailors, silk ribbon 4A , bands, worth $1; to-day ~ Felt Sailors, with velvet bands around crown, regular price $1.50; to-day 40C Big lot of Sailors, various styles and kinds, all colors, ribbon ,4ft bands, price $1 to $1.75; to-day HirOL, Walking Hats 200 stylish Walking Hate, French Felt3 and best American Wool Felt, best shapes, trimmed with ribbon bands, regular prices ev- Mft „ erywhere $1 to $2; closing price 100 Walking Hats, odds and ends of our $1 and $1.25 assortments, all in good condition; closing OQ, price About 50 fine Walking Hats, the finest we carry, regular prices Oft to $8.50; closing price H. P.Wasson&Co.
erty is acquired and held under the tacit condition that it shall not be so used as to injure the equal rights of others or to destroy or greatly impair the public rights and interests of the community.’ “With such precedents before us, why need we have any fear that our Supreme Court will put its restraining hand upon the man by whose wanton disregard of others’ rights the most precious possession of our umes is allowed to waste into the open air? DUTY OF GAS INSPECTOR. “The practical question is as to the best remedy to be applied in the present situation. There are many who think that the Legislature should be convened in special session to pass some further laws, but I agree with those who hold that this should not be done until the present laws have been tested and an effort is made to prevent the waste of natural gas through an appeal to equity for an injunction. Part of the act of 1893 provides a penalty of s2uo lor each ten days during which gas shall be allowed to escape from any oil or gas well. It should be somebody s duty to enforce this law und to file one prosecution alter another until the guilty parties come to feel tne weight of the law and stop the waste of gas. It seems to me very clear that this is made the duty of the natural gas supervisor under Section 7504 ol the Revised Statutes of 1594. This act provides that the natural gas inspector ’shall see that all the provisions of law pertaining to drilling wells and the piping und the consumption of natural gas are faithfully carried out and that the penalties of law are strictly enforced against any person or persons who violate the same.’ ’the accumulation of such cases will certainly have its influence upon those who are wantonly disregarding the present and future rights of the thousands of people who are dependent upon the gas field for their supply of fuel, But this remedy v/dl not prove effective because irresponsible people are in the work who will care nothing for the penalties provided by the law and who will dispose of the oil while the cases are pending and allow the penalties to go unsettled. It is totaliy inadequate as a final remedy. We uo not want tne penalties; we w'ant the gas. “The immediate relief must come through injunction proceedings, and 1 agree with Judge Elliott that under the provisions above quoted suit should be instituted by the natural gas inspector, Mr. Leach, in the name of the State, in which case no bond would be required. The Roby case has settled the proposition that the mere existence of the criminal statute does not prevent the institution of the suit for the personal remedy by injunction. A saloon keeper may be liable under the criminal statutes for all the acts which constitute a nuisance, but his prosecution under the criminal law does not interfere with the right of the individual to have his place abated as a nuisance The case would be prepared and filed by the attorney general and thus presented would represent the whole people and come with the highest authority before the court.’’ GOVERNOR MOUNT’S VIEWS. Mr. Potts read and, at the close of his remarks, moved the adoption of the resolution printed above. That his ideas met approval was attested by the hearty applause with which they were greeted. Nathan Morris moved the adoption of the resolutions. Before putting the question Chairman Lamb inquired if there were any remarks. In response to a suggestion that he express his views, Governor Mount addressed the meeting. He said that he came to the meeting to obtain, if possible, the will and sense of those present on the subject. For months he had felt that something ought to be done. He had corresponded and conferred with the gas inspector, who had also consulted with the attorney general. “At one time we had under contemplation the bringing of an injunction suit by the state on the relation of myself, but the attorney general advised against this. We hoped that one of the pending suits might be hastened to the Supreme Court. The gas inspector had brought some thirty suits. None have ieached the Supreme Court. It seems like the mills of the law grind slow. I am willing to do anything possible to protect the gas and prevent its loss to the State.” Governor Mount related his experience in the Legislature when the law’ to portect the natural gas was passed. “It was then the sentiment of the Legislature,” he said, “that we should keep within our own borders this valuable product. It seems strange to me that the wells at Alexandria should be permitted to burn. Judge Monks, who passed on the flambeau law, expressed the opinion to me that it could be stopped by the flambeau law r .” Governor Mount spoke of the law which gives persons on adjacent property the right to go upon land and cap up welis when oil or gas is being allowed to go to waste. He expressed some wonder at the indifference of the people in the gas belt. If the gas gave out. he said, many of their manufactories would have to close. He expressed his approval of the resolution presented by Mr. Potts. Mr. Potts said that he had discussed the law permitting persons to stop the waste of gas by capping wells with Judge Elliott, who expressed doubt of its constitutionality and said that its enforcement would lead to riots. The judge told of one man he knew who guarded his well with a shotgun. “If any one were to attempt to cap
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his well,” said Mr. Potts, “he would probably depart—capless.” Judge Lamb seemed to differ with Mr. Potts as to the ability m the state gas inspector to bring injunction proceedings, speaking of the decision that had been tendered, denying relief by injunction, the court holding that the law itself provides the remedies. He read the law at length, which provides a penalty of S2OO for permitting gas or oil to escape from wells after they nave been in operation two days, and providing a further penalty of S2OO for each additional ten days it continues “by civil action.” The suits that had been brought, he said, were under this law. He explained the long delays that ensue in civil cases. When a complaint was filed and a rule to answer bad been finally obtained, the defendants demurred, argument was heard and the judge took it under advisement six weeks. The demurrer was overruled and, after some more delay, an answer was filed, to which another demurrer was filed- After argument is heard on this the court may again take it under advisement. Being a civil case, a jury trial may be demanded. Meantime the gas is going out into the open air. Judge Lamb said that the only thing to do was to appeal the case already tried and ascertain whether relief by injunction may be had. He seemed to favor the calling of a special session of the Legislature. An amendment of three lines to the existing law, he said, would settle the whole question. The Legislature could take the necessary action in three days. In his talk Mr. Potts had spoken of the influence of attorneys in shaping the action of courts. Representative Hubbard suggested that the entire committee provided for in the resolution should be composed of lawyers. Nathan Morris iirotested against the idea going out that there was any fear that the courts and state officials would not do their whole duty. As he understood it, the committee was simply to bo appointed to co-operate with the officials. After some further discussion the resolution was adopted. Chairman Lamb appointed A. F. Potts, John W. Kern. William Fortune, Bement Lyman and Nathan Morris members of the committee to present the resolution to the Governor and attorney general. Petition Reaches Attorney General. The attorney general yesterday received the petition signed by the mayors of the gas belt cities at Alexandria on Monday. 'I he petition was printed in Tuesday’s Journal. It asks the attorney general to assist in the injunction suit of Lippiricott against the Ohio Oil Company in the Supreme Court, to assist the oil inspector in enforcing the penalty law and to if possible bring an injunction suit in the name of the State. A conference will be called by the attorney general of the lawyers interested in the case to determine upon a line of action in the Llppincott injunction suit when it reaches the Supreme Court. The state officers have been rather expecting that the manufacturers in the vicinity of Alexandria would ask for temporary restraining orders to close the oil wells that are wasting gas, but none has yet been asked. ANDERSON WILL ACT. Injnnctlon Against Gum Waste to Be Applied for To-Day. Special to the Indianapolis Journal. ANDERSON, Ind., Dec. I.—The citizens of Anderson held a big mass meeting tonight and took action in the matter of gas waste. It was unanimously decided to cooperate with other Indiana cities in urging Governor Mount and state officers to prompt and vigorous action. A committee composed of Mayor Dunlap, George Lilly, J. J. Netterville and Senator Johnson was appointed to wait on the state officers in company with committees from other cities. J, j. Netterville read a complete report, the first ever compiled, showing complete list of gas wells drilled in Indiana, number abandoned and number operating, together with the total number of oil wells, abandoned and operating. The report showed the waste was so threateifng that a committee of five capitalists was appointed to bring action for injunction at once against oil operators in the name of Anderson. This will be begun to-morrow and will relieve the state officers to a great extent. Council Will Name a Committee. Special to the Indianapolis Journal. RICHMOND. Ind., Dec. I.—Mayor J. S. Ostrander, who attended the meeting of mayors at Alexandria, will not call a mass meeting here, as it was decided to do at the other places interested in stopping the waste of natural gas. but will lay the matter before the City Council and get that body to appoint the desired committee. This will be done Monday evening next. Mancie Committees Selected. Special to the Indianapolis Journal. MUNCIE, Ind., Deo. I.—The mass meeting held to-night on call by Mayor Cromer, to make an organized fight against the waste of natural gas in Delaware county, was largely attended. Committees were appointed to accompany the delegation from the gas belt to call on the attorney general to ascertain the best means of enforcing the present laws, make a thorough canvass of
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INDIANA Dental College Department of Dentistry. University of Indianapolis. S. W. cor. Delawa/e and Ohio Sts. Receive? patients from 9 a. m. to 5 p. m. for all kinds of Dental work. The fees are to cover the cost only. W LADIES’ TAILORING teSjfo and furrier .. Popular Prices.. wplufjl Silk-Lined Suits, to Order, $35 LATEST MODELS. LEOPOLD VA/EIS3, ROOM 5. 18* KABT WASHINGTON ST. the pipe lines and gas wells, to ascertain where the wastes are being made and to raise money to push the prosecutions. The six newspaper editors in Muncie were made a committee to work up interest in the movement. W. A. Walley, Eugene Kelley and J. N. Cropper were named as the Investigating committee. Mayor Cromer, T. F. Rose and Edward Ball will visit the attorney general, and F, C, Ball, T. F. Rose, R. J. Beatty, G. M. Bard and T. F. Hart form the finance committee. BLUE BLOOD IN* ONE CHANNEL American Revolution Societies Trying to Get Tojgether. The Indiana Society of the Sons of tho American Revolution held a meeting last night and adopted resolutions favoring tho plan of amalgamation with the Society of Sons of the Revolution. William E, English presided as chairman. Charles W. Moores was secretary. Eighty-five proxies were held by those present. The resolutions ratify the original action of a general congress of the two organizations held in Cincinnati last October. At this conference, after it had been decided to consolidate the two societies, it Was seen that some members of the Society of Sons of the Revolution were against the movement, and it was deemed best to refer the matter to each state organization. The resolutions, as adopted last night, provide for the appointment of a committee of five to act jointly with a like committee from the society of Sons of the Revolution in preparing a plan for the formation of the new society. It is claimed that th* Sons of the American Revolution are almost universally in favOr of the consolidation of the two societies. At the meeting last night Maj. G. V. Menzles was made a member of the organization. It is claimed the scheme of amalgamation is bound to be defeated when it comes ,o a vote of ail the States. It is understood tho Indiana Society of Sons of the Revolution held a meeting Tuesday night and discouraged the plan. Some of the members say that two-thirds of the state societies of tho Sons of the Revolution will vote against the plan to bring the two organizations together. The opposition seems to be chiefly on the part of the Sons of the Revolution, who claim their members must be lineal descendants from ancestors who fought for American independence. Ancient Hibernians’ Affairs. There was a largely attended and enthusiastic meeting of the Ancient Order of Hibernians, Division No. 1, at Parnell Hall, corner of Maple and McCarty streets, last night. It was the annua! meeting, and officers for the ensuing year were chosen. At the election of officers William Curry waa elected president, John M. Sullivan vice president. John Carr financial secretary, John Scanlon recording secretary, Jeremiah Costello treasurer, John M. Higgins marshal, Edward Brady sergeant-at-arms and Michael Mahoney sentinel. Following is the committee that ha* charge of the arrangements for an entertainment to be given soon: Patrick Fanning. John Scanlon, John Higgins, John Costello and John Carr. The committee will meet In a few days to consider plans for tho entertainment. Sheetiun’* Condition improving, NEW YORK, Dec. 1.-John C. Sheehan was said by his physician to be much improved to-night. He sat up during the day and the physician hopes to have him out In a few days. Regal mandolin* are finest at Wulsehner's.
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