Indianapolis Journal, Volume 48, Number 53, Indianapolis, Marion County, 22 February 1898 — Page 8

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Pillow Prices For Tuesday Af 22 ati<l 24 inches ial vl'i'" square, covered with fine quality of embroidered denim and finished with matched cord. A4- Cl 7 C Pillows of Tapestry and /*.*■ Silks, ruffled and corded. A choice assortment, and bargains at the price. stools For Tuesday A 4 Q(]f Bamboo Stools, the same as have been selling at $1.25 each. At Oft a few $2.00 White Enamxml vlVv eled India Stools, slightly marred. L. S. Ayres & Cos. Sole Assents for IMPROVED STANDARD PATTERNS. ‘ ART EMPORIUM, Telephone 500. No Doubt About It There's no question of the fact that we have everything that is desirable—all the staples, all the latest artistic novelties—ln frames and moldings. WE MAKE FRAMES. WE FRAME PICTURES. The H. LIEBER COMPANY. 33 South Meridian St. SIO,OOO WORTH! At Ground Floor Figures Oriental Rugs You get the benefit of it now in the heart ol winter, and on Washington’s Birthday If you want genuine Oriental Rugs at a price cheaper than you ever got them, particularly Large Sizes The unique chance is now at Albert Gall's 17 and 19 West Washington Street

The Santa Clara Wine Cos. 143 NORTH ILLINOIS ST. Our “Superior” Wines, four years old, 25c per bottle. Our “Extra” Wines, seven years old, 50c per bottle. “Old Possum” Rye, made in ISS4, $1.25 per bottle.“Pembroke Club” Bourbon, made In 18S6, $1.25 per bottle. For sale at all first-class druggists and grocers. “Go to a Glove Store for Gloves.” See that our stamp I® on the inside of quality in the glove—aim saustaction to you. eZucActxmg lO East Washington Street. <Kst. 1578.) HARVEY AND PHILLIPS OUT Released for “l*en eh Inn” on Mnrderer of Fireman Redmond. Carl Harvey and Edward Phillips, who were supposed to have been implicated in the attempted robbery of Job Eldridge at 275 Massachusetts avenue, which led to the killing of Fireman Frank Redmond, were released from jail yesterday. The cases against them were nollled by Judge McCray at the request of the state’s attorney. The arrest of Harvey and Phillips grew out of the Redmond murder, which took place on the night of Jan. 22, 3897. Two men attempted to rob the store of Job Eldridge that night. They were caught in tho act by the proprietor, who gave the alarm and the men started to run. Fireman Frank Redmond was one of those who pursued the fleeing robbers. Redmond pressed one of them too close, and was shot and killed. It was for this crime that James Burton was tried on change of venue, at Greenfield, and sent to prison for life. Shortly after the murder Carl Harvey and Edward Phillips were arrested as being implicated in the crime. Both were indicted on the charge of attempted robbery and had been in jail almost a year. Harvey and Phillips gave the information which led to the discovery of Burton in the Nashville penitentiary, and his subsequent arrest on the charge of murder. Harvey and Phillips both denied having taken any part in the attempt to rob the Massachu-setts-avenue merchant. They always claimed that Burton was to commit the robbery, and they were to meet him afterward and assist him in escaping from the city. Following is a copy of the agreement by which Harvey and Phillips were released: “It was fully understood and agreed by and between the then chief of detectives, Timothy Splann, and Superintendent Colbert, of the police force, on the one side, and H. N. Spaan, attorney for the abovenamed defendants, that if Carl Harvey would give such information as would lead to the detection and capture of the man who shot Fireman Redmond, said officers having up to that time failed to get any information that would lead to the detection of the said murderer, that they would recommend that neither of said defendants be prosecuted for any matter growing out of the killing of Redmond or the robbery of Job Eldridge. “In the event that the Information given by Harvey should not lead to the capture and conviction of the murderer of Redmond, then nothing stated by him to said officials, the prosecuting attorney or the grand jury of this county, should be in any way used as evidence against either himself or Phillips, upon any prosecution that could be based upon the killing of Redmond or the robbery c' Job Eldridge. “The above is ate substance of the agreement entered into as stated, and in pursuance of said agreement, the Eame at the time having been submitted to the prosecuting attorney and John F. McCray, they having signified at the time their willingness to do all in their power to bring to justice the rial murderer, and the prosecuting attorney having succeeded in the conviction of said murderer, based largery upon the facts received through said Harvey and Phillips, we now recommend to the Raid prosecuting attorney and the judge of •aid court that the cases against said Carl Harvey and Ed Phillips, severally, b nollied.”

GAS MAKING ANALYZED - CITY ATTORNEY FILES HIS ANSWER IN INJUNCTION PROCEEDINGS. ♦ Sltovrs that Company Can Make 8 Per Cent, at the Seventy-Flve-Cent Ordinance Rate. # City Attorney Kern yesterday filed in tho United States Court the city’s answer to the bill of complaint filed by the Indianapolis Gas Company in the injunction proceedings against the 73-c-ent gas ordinance. The United States Court granted a temporary injunction, enjoining the city from enforcing the ordinance, and the proceedings now are upon the question as to whether that injunction shall be made permanent or be dissolved. The answer recites the history of the plaintiff company. Under an ordinance approved in April, 1876, there was incorporated the Citizens' Gas-light and Coke Company. It laid about ten miles of pipe and distributed gas from Its plant on Pratt street. The Indianapolis Gas-light and Coke Company had already been in existence for ten years, and the ordinance authorizing the existence of the second company provided that the new company should furnish gas at least ten years and should not consolidate with any other gas company. The answer charges that, in two years from its creation, the “stockholders, officers and directors surreptitiously and without the knowledge of the officers or inhabitants of said city” consolidated with the Indianapolis Gas-light and Coke Company. The majority of the stock of the Indianapolis company was owned by Messrs. Allen M. and Stoughton A. Fletcher, jr., and Francis M. Churchman. After the consolidation two offices were maintained, so that the public was led to believe. It is alleged, that there were two separate companies, but there was no competition, and everything was controlled by the Fletchers and Churchman. The answer next sets forth the manner in which the control of the Citizens’ Company passed openly into the hands of the Fletchers and Churchman. The property of the Citizens’ Company was permitted, or caused, to be sold at sheriff’s sale by the Indianapolis Company, it is charged, and was purchased by John S. Tarkington as agent for the company, and by him deeded to John F. Holt, an employe cf the Indianapolis Company, no consideration being specified in the deed for the transfer. The Fletchers and Churchman then organized the Electric-lighting and Gas-heating and Illuminating Company of Indianapolis, and Holt transferred the stock and property of the Citizens Company to this new company. The defendant, the city of Indianapolis, avers that all these transfers were made without its knowledge or consent. In 18S1 the stock of the electrio company was reduced to $25,000, which, if this company is considered the successor to the Citizens’ Company, is charged to be a violation of the ordinance, which required the capital stock to be not less than SIOO,OOO. In 1879 the Indianapolis Company assumed charge of the plant of the Citizens’ Company and used it for the manufacture and distribution of gas. THE SALE TO THE SYNDICATE.

In 1387 the Indianapolis Natural-gas Company was organized, w'ith a capital stock of $500,000, of which the Fletchers and Churchman owned $475,000. This company used part of the mains of the Citizens’ Company. In ISSO.'the answer says, the Fletchers and Churchman, being in absolute control of all the four companies, or such of them as were left, sold all to a syndicate represented by E. C. Benedict, Charles F. Dieterieh, E. J. Jermanowski and Henry J. Dawson, of New York, the consideration being $2,000,000. These men organized the Indianapolis Gas Company, which entered into competition W'ith itself by the sale of natural gas. Answering the complaints of the plaintiff company, the document filed by the city attorney says the plaintiff cannot claim it suffered by the introduction of natural gas, because none of the persons or companies who might have succeeded to the rights of the Citizens’ Gas-light and Coke Company ever sold any gas except as the agent of the Indianapolis Gas-light and Coke Company or the Indianapolis Gas Company, and for the further reason that more gas is now sold by the Indianapolis Gas Company than was ever sold in the city before the introduction of natural gas. The same argument is advanced against the claim that electricity has injured the business of furnishing illuminating gas. It is further argued that the reduction in the rate per thousand feet would be a benefit to the company for the reason that it would greatly increase tho number of consumers. This was the experience in other cities, the answer claims. The answer denies the truth of the statement made in the bill of complaint that the natural and artificial departments of the Indianapolis Gas Company are separate. It claims that, so far as the stock and franchises, upon which the mortgage indebtedness rests, are concerned, both plants are considered one property, and that the payment of dividends upon stock and interest on indebtedness is made out of the receipts from both of said plants, said receipts being treated its a common fund. The answer continues further: UNFAIR TAX APPORTIONMENT. “The defendant submits to the court whether, by reason of the fact that the plaintiff has so comrqfngled the business of said tw’o plants by its own voluntary act, it ought to be permitted to make mere estimates as to the proportion of the salaries, taxes and other joint expenses of such plants ought to be apportioned to each for the purposes of this case; and it denies, upon its information and belief, that all of the plaintiff's real estate, with the exception of one parcel, in said city is used exclusively in connection with its artificial gas business and belongs thereto, the fact being, as defendant is informed and believes and so charges, that a considerable part of the real estate of plaintiff upon which taxes are assessed is vacant ground and not used at all in connection with the manufacture of artificial gas, w hile the most valuable real estate of plaintiff in said city upon which taxes are assessed is the plaintiff's office building, which is valued for taxation at $219,250, and is not more especially devoted to one of such plants than the other—the said building being a large, modern, ten-story office bul.ding, bast for rental, speculative or investment purposes, and not for use by the plaintiff except in so far as the first, or ground, floor /thereof might be necessary to be used by it for office purposes by both said plants, wherefore it submits that the apportionment of two-thirds of the total taxes paid by plaintiff as an expense of its said artificial gas plant for the purposes of this case would inequitable and unfair.” The answ r er charges that the bill of complaint was Inaccurate in regard to the number of employes and the salaries and wages paid, these items tending to make the cost of production of gas appear higher than it really is. The cost of the production of gas, it is argued, ought to become less and less each year owing to the inventions and improvements in machinery and processes of manufacture. It is shown from the company's own figures that in 1896 the cost of all the material used in the manufacture of gas was $58.136.89, while the company realized $65,365.92 from the sale of the residual products, such as coke, tar and sulphate of ammonia, leaving a profit of $7,229.03, without taking into account the receipts for gas. The answer here states that the cost of gas was less than the amount paid to employes in salaries and wages, and if this amount was as much as 68.63 cents a thousand feet, the affairs of the company were managed extravagantly. IT MAKES WATER GAS. It is maintained by Mr. Kern that the company, in its bill of complaint, has charged to repairs and expenses items that ought to have been charged to construction. It also is shown that the company's figures are all based on the cost of coal

THE INDIANAPOLIS JOURNAL, TUESDAY, FEBRUARY 22. 1898.

gas, while as a matter of fact, as evidenced by materials set forth, It is using a considerable amount of water gas, which costs less than coal gas. Conditions in other cities are referred to where cheaper gas wars have been waged. This paragraph is prefaced by ment that nearly all gas engineers and experts who are in positions to know the cost of manufacturing gas are in the employ of the gas syndicates, and it is hard to get at the facts. Cleveland passed an ordinance fixing the rate for gas at 80 cents and required the companies to pay 5 1-5 cents a thousand feet manufactured into the city treasury. One company, which manufactures and distributes about the same amount of gas as is consumed in Indianapolis, meets these conditions and pays dividends on stock. The conditions in Cleveland are about the same as in Indianapolis. In Hamilton, 0., the gas plant is owned by the city and gas 1s produced and distributed at 52 cents a thousand feet, in onefifth the quantity used in this city. Without a word of explanation Mr. Kern’s answer waves aside all the water and surplusages in the capitalization of the Indianapolis Gas Company and estimates the plant to be worth $600,000. He then figures that 75 cents a thousand would pay about 8 per cent, on the investment. He says this is a good investment when it is considered that millions of dollars are anxiously seeking investment in even less secure enterprises at from 3Va to per cent. He concludes as follows: “And this defendant answering the allegation in said bill touching the ordinance of said city, fixing the price of illuminating gas at 75 cents per thousand feet, and the manner cf the passage of the same, says that it admits the adoption and passage of said ordinance and its approval by tho mayor of said city, as charged in the said bill, and it also admits that no hearing was given to the plaintiff, as to the reasonableness of such rates, or as to its rights, but it denies the allegation ‘that no Inquiry or investigation was made by said Common Council or any one in its behalf as to the cost of said plaintiff of manufacturing, distributing and supplying artificial gas to said city or its inhabitants, or as to the value of the plaintiff’s property' used in said business, or as to the income the plaintiff was ueriving from the sale of artificial gas to said city and Inhabitants at the rate of $1.25 per thousand feet, or which it would derive therefrom at the rate of 75 cents per thousand cubic feet prescribed in said ordinance,’ and also denies the allegation ‘that said ordinance was arbitrarily adopted without any inquiry into and utterly in disregard of plaintiff's rights.’ LOW COST IN OTHER CITIES.

“The defendant says, on the contrary, that said Common Council and its several members have investigated the question as to the cost of manufacturing illuminating gas in said city and elsewhere, in other cities throughout the United States; that by said investigation it had come to the knowledge of tho members of said Council that by reason of the fact that the amount realized by plaintiff from the sale of its residual produets substantially equaled the amount expended by’ it for coal and other fuel and naphtha and other enriching material, the only items entering into the cost of gas in said city were labor, salaries, taxes and repairs; that they learned that in other cities of the United States, where the cost of labor was the same or more than in the city of Indianapolis, and where other conditions were substantially the same, or less favorable for the cheap manufacture of gas than in said city, illuminating gas of as good or better quality than that, furnished by plaintiff, was being manufactured and furnished to the citizens of such city at a profit to the manufacturers, at a sum per thousand cubic feet not in excess of 75 cents; that they also learned by such investigation that at the rate at present charged by said plaintiff it had made and was making enormous profits; that it had issued stock to the amount of $2,000,000, upon which it was paying out of its profits 12 per cent, dividends annually, and also paying interest on $2,600,000 of bonds out of such profits; the said stock was almost entirely ‘water,’ the owners of said company having reimbursed themselves for all the money paid out on the purchase of said plant and property, franchises, good will and bonds, out of the sale v of the issue of bonds afoiesaid; that they had also learned that these enormous profit dividends on watered stock and interest was realized because and out of (he unreasonable rate of $1.25 a thousand cubic feet for illuminating gas which had been therefor charged; and they also learned that by reason of recent inventions and improvements the cost of manufacturing and distributing illuminating gas had been materially reduced everywhere since the said rate of $1.25 a thousand cubic feet had been fixed and established, and that it had been demonstrated by the actual experiment of municipal ownership in cities of this country and Europe, that said last-named rate wras exorbitant and extortionate. “And the defendant admits the allegations in the said bill that it is insisting and will insist that the ordinance of said defendant fixing the rate to be charged for illuminating gas at 75 cents per thousand cubic feet is a valid ordinance, and that it will, unless restrained by judicial authority, enforce the same by means of prosecutions and such other remedies as are therein provided, and it denies that such ordinance violates any provision of the Constitution of the United States or that of the State of Indiana, or that it contravenes any of the contractual or other rights of said plaintiff under either of such constitutions, or any law.” a QUESTIONS PROPOUNDED. In it Crons 1)111, Gnu Company In Asked to Answer Them. With the answer in the case Mr. Kern tiled a cross-bill of complaint. In it he recites the various steps in the proceedings, that the City Council passed an ordinance Aug. 2, 1897, requiring gas companies to furnish artificial gas to consumers at 75 cepts a thousand feet; that on Aug, 11 the Indianapolis Gas Company filed Its bill of complaint and prayer for a temporary injunction; that the temporary injunction was duly granted and still remains in force. Tho cross bill alleges that there are many things referred to In the bill of complaint that are vague, and that the whole truth and all the facts are known only to the plaintiff. With the object in view that such facts as the defendant believes it will need In preparing Its defense be made know n, the cross bill asks that the officers of the company be required, under oath, to answer a number of questions which are set out in the cross bill. The questions are Intended to aid in arriving at the actual cost of manufacturing and distributing gas in Indianapolis. The year ending June 30, 1897, is taken as an example it having been referred to by the company In its bill when all items of expense were set out. Among the questions in the cross bill are the following: “What number of feet of ‘water gas’ was manufactured and sold by the Indianapolis Gas Company during the year ending June 30, 1897?” “What is the cost of manufacturing and distributing ‘water gas?’ ” In the original bill, among the Items of expense, w T as one of $11,324.03 for “coke expense” and another of $11,702.47 for “operating lines.” ilr. Kern wants to know what these phrases mean, and has made interrogations to find out. Texas Cattle Proclamation. The Governor yesterday issued a proclamation regulating the importation of Texas cattle into the State, between Jan. 15 and Nov. 15 of each year. The proclamation Is in line with, the request of the National Bureau of Animal Industry, that state authorities of the Northern States co-operate in the prevention of the spread of the splenetic or Texas fever. This fever is the result of a small tick that thrives south of a certain irregular line which has been carefully asceitained by the general government. Cattle raised north of this line are susceptible to the disease produced by the tick, but those south of it are acclimated against it. The Southern cattle being brought north carry the tick with them, so that any Northern cattle even crossing their trail are liable to become afflicted. The Governor’s proclamation therefore provides that when Texas cattle are brought into the State between the dates given, the ears containing them must be labeled and w’hen unloaded the cattle must be placed in pens that are never used by other cattle, nor shall they be driven across commons or along the highways. They shall be quarantined for ninety days under rules made by the Live Stock Sanitary Commission, and if the owners fail to comply with these requirements the State will have the right to quarantine the stock at the expense of the owners. The proclamation is not designed to prevent the importation of Texas cattle, but Is merely for the purpose of enforcing precautionary measures in the handling of them. Capital in the Gas Belt. John B. Conner, state statistician, is compiling figures on the manufacturing Industries of the gas belt. While the work Is not completed, sufficient data is at hand to allow that the total investment of capital Is between $16,000,000 and $20,000,000, indicating a substantial Increase over the previous year. Core a Headache in 15 Minutes By using Dr. Davis’s Anti-Headache. All druggists.

STREET-REPAIR FUTURE ' ♦ IT IS A MATTER OF MUCH MOMENT TO PROPERTY OWNERS. W'ashlngton-Street People Ask that Action Be Postponed Till StreetCar Matter Is Settled. As forecasted in Sunday’s Journal, the committee investigating the question of resurfacing' Washington street at the expense of the property owners recommended that a committee be appointed to request the city authorities to postpone the proposed repairs until the street car situation Is cleared up, when anew franchise can be given by the city requiring the street-car company operating to pay part of the c st. This would postpone the proposed repairs for about three years. Meantime It Is proposed to ♦have repairs paid out of the general fund, as $7,000 w’as expended last year. This course would postpone the whole question of resurfacing improved streets for three years and leave undecided the question of whether resurfacing should be done at the general expense or the expense of the abutting property owners. The report was adopted, and the committee making it was reappointed to go before tho Board of Works. Alpheus H. Snow will to-day ask the board to appoint a time to receive it. The entire question must de disposed of by March 2, the day when the board will take final action. There is after that ten days for the filing of written remonstrances, but there are few/if any, resident property owners on the portion of Washington street affected, so that the improvement cannot be defeated except by agreement. In the event of the failure to secure a postponement of the work, the report calls for the appointment of a committee of ten to confer with a committe from the city officials, Board of Trade and Commercial Club relative to the entire subject of resurfacing and repairing streets, and whether the policy shall be to pay for such work out of the general fund or by the property owners affected, and to take steps to protect the legal rights of the property owners. There was a point made by George J. Marott. Ha reminded the property owners present that under the franchise of the Citizens’ Street-railroad Company that corporation can be required to pay for “repairs” to the portion of the street lying between its tracks, providing the same material is used as in the remainder of the street. It struck him as significant that the specifications adopt- 1 provide that the portion between the tracks on Washington street is to be of brick, while the remainder of the street Is asphalt. WHY BRICK IS SPECIFIED. “That simply means,” said Mr. Marott, "that if the courts hold, as we contend, that resurfacing is simply another name for ‘repairs,’ and should be paid for by the city, that the company will evade paying any part of the cost, saying that it cannot be required to pay for repairs that are of different material from the remainder of the street. It looks to me like there was something more than an accident in the city officials deciding to place brick between the tracks and asphalt elsewhere. I think that is a question that should be the subject of inquiry when the committee confers with the board.” H. D. Pierce, In discussing the subject, said that it was being said that there was politics in the Washington-street matter. If a Democratic mayor wanted to keep down the taoc levy in order to boost himself into the Governor's chair it inigbt be all right. He had no objections. This might account for the decision that the work should bo paid for by assessments on abutting property instead of out of the general fund. If tho latter course were pursued it would be necessary to Increase the tax levy, as the report rhowed. At any rate, he said, there is no politics in the meeting of the property owners.

Otto Stechhan was in favor of having the committees go into the question of whether the entire system of assessing abutting property owners, instead of paying for improvements out of the general fund, was not wrong. He favored an amendment to the Constitution that would permit the city to borrow $5,000,000 or $10,000,000 to improve the streets of the entire City. He thought that a levy of 6 cents would be sufficient to pay the interest on the bonds, keep up repairs and provide a sinking fund. After considerable adverse discussion he withdrew his proposition. Others insisted that it was too late now to talk about changing tfte organic laws ol the city, and that such a proposition embraced an amendment of the Constitution, which would take at least five years, beside which it would embarrass the disposition of tire question that is now to be met. The report of the committee gave the history of the Washington-street pavement, whicn was made in 1888, at a cost of $11.50 a foot each side and 80 cents a foot for curbing, a total of $12.30 a foot. It recited the improvements that are proposed at a cost of $8 a foot, and showed that about onethird of the surface of the roadway is occupied by the car tracks. The estimated cost of bricking the tracks is $1.40 a footeach side of the street. ‘ The Council has appropriated for the repair of permanently improved streets, from Jan. 1. 1898, to Jan. 1, 1899, the sum of $15,0X),” the report says. “The cost of the repairs during the past year on the portion of Washington street proposed to be improved was about $7,000. If the proposed improvement and resurfacing should not be made, and Washington street should be repaired temporarily this year at the city’s expense, a further appropriation would have to be made, as the balance of SB,OOO would be insufficient for the repair of the other improved streets on which the guaranty has expired. Such additional appropriation could be made only on the recommendation of the controller by a two-thirds vote of the Council. As the present appropriations are adjusted so as to equal the expected revenues, an additional appropriatoin might necessitate a temporary loan. Under these circumstances, the Board of Public Works deemed it its duty to order the street improved and resurfaced at the expense of the property owners. * * * DRIFTING TO A VAST EXPENSE. “The city engineer states that the resurfacing of every permanently improved asphalt street becomes necessary at periods varying from ten to fourteen years; that the resurfacing will cost about 50 per cent, of the cost of the original improvement There are at present about fifty-seven miles of permanently improved streets in the city, of which thirty-eight are asphalt.” According to the report, the city engineer states that If the roadway of Washington street were to be narrow’ed five feet on either side, as has been suggested, the expense of new curbing and sidewalk would equal or exceed the expense of improving in the manner now proposed. The city engineer estimates the cost of repairs upon the permanently improved streets, other than Washington street, at 50 cents a lineal foot on each side of the street a year. The cost of repairs on Washington street for the past year has been about $1.20 a lineal foot on each side of the street. The report goes on to say: “In estimating the annual cost for repairs upon permanently improved streets, if a system should be adopted in Indianapolis by which the city should pay for all work done subsequent to the original improvement, it is evident that the cost of resurfacing, which will probably average $4 a lineal foot on each side of the street, would have to be spread over a period of say twelve years, thus necesrdtaring the addition of 35 cents a lineal foot each year, and making the whole average annual cost of keeping the street in repair 85 cents a lineal foot on each side of the street, or about $9,000 a mile a year. As there are now about fifty-seven miles of permanently improved streets, the annual cost for street repairs, assuming that the life of all the permanently improved streets (asphalt, brick, wooden block, alleys, side streets and avenues) w’ould be considerably longer than estimated, and that a saving could be made by the city making all repairs, would be certainly $300,000, if there were no guaranties outstanding, without allowing for extensions of the permanently improved street system. As long as these guaranties exist, the cost to the city would be reduced to that extent. The cost of repairs for the next year by the expiration of guaranties would be probably $50,000, end the amount

would increase as the guaranties expiree# The total taxable property within the city is 5117.746.670, of which J 55.160.245 is realty and 152.586.425 personalty. It would require an addition to the annual tax levy therefore, to pay for all street repairs and resurfacing', ranging from 5 cents to 30 cents per JIOO. and increasing between these limits as the guaranties expired. The obligation of the paving company to guarantee the pavement is. of course, covered by the Increased cost of the pavement in the first instance. RIGHT TO ASSESS QUESTIONED. Sections of the charter are quoted showing that two different kinds of work on the streets are recognized—“improvements,” which are to be paid for by assessment on the abutting property, and "repairs,” which are to be paid for out of the general fund The report continues: "The question which first arises is, does the charter permit the Board of Public Works to improve streets once permanently improved, in anew and different manner, and as often as the board may deem necessary, and, if so. is the charter in this respect constitutional? In the State of Pennsylvania it has been held * • * that a special law of Pennsylvania and an ordinance passed thereunder providing for the repaving, at the expense of the abutting owners of a street formerly paved at their expense, were unconstitutional, as violating the constitutional prohibition against the State’s taking the property of the citizen for public purposes without his consent and without compensation. * • * On the other hand, the United States Supreme Court, adjudicating for the District of Columbia, and thfc%Supreme Courts of Missouri, Illinois, Michigan, Louisiana and Kentucky have held that the Legislatures have power under the Constitutions of these States, containing provisions similar to those cf the Constitution of Pennsylvania, to authorize the municipalities to repave at the expense of the property owners streets formerly paved at their expense, and such is the recognized law in the State of New York.” The second question which arises, says the report, is whether the provision in the specifications requiring contractors to guarantee pavements for five years is valid? The charter says that "said board may by order impose further conditions upon bidders with regard to bonds and surety * * * or for keeping the work in repair for any length of time.” Inasmuch, however, as ordinary street repairs are. uniformly recognized elsewhere in the charter and in the everyday administration of cities as a part of the necessary maintenance of city property and not as public w 7 ork, conferring special benefits upon abutting owners, continues the report. it may be questioned whether the last quoted provision of the charter is intended to apply to contracts for improvements made at the expense of the abutting property, and, if so, whether it is not unconstitutional as an attempt to authorize the taking of the property of individual citizens to pay the debt which the whole community owes, and hence the taking of property without compensation. As to the distinction between "repairs” and "improvements,” the report says the facts are such as to present a good opportunity for the courts to distinguish between find define “improvements” and “repairs,” Inasmuch as the street is not merely to be resurfaced, but anew structure is to be 1 placed between the old base and the new surface. THE STREET-CAR SITUATION. "By the decision of the United States Supreme Court,” the report goes on, "the present contract between the city and the Citizens’ Company is good until Jun. 19, 1901. Whether it holds good after that date is not settled, although the New bill also terminates any pretended perpetual right in the streets. Under that contract there is no obligation on the part of the company to pave between the tracks. The franchise of the City Company contains a provision requiring the company to pave and repair between the tracks, and it may be assumed that such provision will be inserted in any franchise hereafter granted, unless the city authorities, for the purpose of obtaining ah agreement for lower fares, should decide to charge the expense of paving between the tracks upon the abutting property owners. The cost of repaving of streets once improved at the expense of abutting property is paid for by the city out of the general funds. In conclusion, the report says that it is evident that, if the question of repaving or resurfacing permanently improved streets can be postponed without serious injury to the comfort and development of the city until anew franchise is granted to some street-car company providing that tho company shall pave and repair between the tracks, it will be best for the owners of property on Washington street to secure such postponement. If, however, tho question of repaving or resurfacing must be settled immediately, it is evident that it would be better, from a financial standpoint, for the owners of property on Washington street to allow the proposed work to be done at their expense, and to bo relieved frorfi paying their share of the general taxation for repairing and resurfacing permanently improved streets. It is evident that the questions raised by the proposed action of the city are questions which concern the whole city, and that the persons who are most vitally interested are those who own property of small value on permanently improved streets. If it be the proper construction of the charter that before or upon the expiration of one Barrett law period anew assessment, amounting to one-half the cost of the original improvement, may be assessed for resurfacing upon tho owners of property abutting upon improved streets, which is of small value, the cost of repairs having meantime, by the system of guarantees, been paid by the abutting property owners, the burden will in many cases be very severe. The owners of property on Washington street, where values are highest, have the least interest in having the work of resurfacing paid out of the general fund.

WOODRUFF PLACE MINSTRELS. (iar Times Last Night In the StntneDotted Suburb. There was unlimited merriment at the new clubhouse in Woodruff Place, last evening, on the occasion of the minstrel performance given for the benefit of the club. There was an audience of three hundred or more. “The show isn’t given for its merit, but just for fun,” said one of the members of the company, but there was a plentiful allowance of merit sprinkled liberally all through the performance. The programme, a Joke, included some of the most dignified men in Woodruff Place, such as John M. Spann for interlocutor, Gen. James R. Carnahan and Milton S. Huey for “bones,” Judge A. C. Ayres and John Fletcher Messack for “tambos.” Admiral George Brown was down for a song, “Rocked in the Cradle of the Deep;” Judge Ayres for a comic song, John M. Kerper for a tenor solo, “Nellie Was a .Lady,” and Dr. T. S. Hacker for a song, “Rose, Sweet Rose.” These gentlemen had the pleasure of sitting in the audience and seeing the number assigned to them done on the stage. The clever end 1 men of the show who posed as the dignitaries were George E. Field, Charles A. Layman, Charles D. Robinson, George Barney, Frank F. Rogers and Frederick K. Shepard. F. M. Loomis was Admiral Brown, Mr. W. E. Duthie was Mr. Kerper, Mr. H. G. Coldwell was Dr. Hacker and Mr. Charles Ebert was George U. Bingham. The old plantation songs were well sung and were enjoyed for their age, while the modern ballads were as well received for their freshness. Mr. Loomis and Mr Duthie were in fine voice, and deserved the hearty applause given them. The singing by the Orion Club was a strong feature of the show, the members sustaining the solos as well as the choruses. The history of the Woodruff Club, in rhyme, sung by the end men, who were dressed in white duck suits, with gay colored shirts and cravats, and gorgeous button-hole bouquets, was appreciated. The jokes were directed to local affairs in several instance*. One of the archaisms was: “What are you doing now, general?” “Nothin’. I quit work; it's gettin’ so cheap.” “How so?” "I saw a gn hung out at a book store the other day that said, ‘Dickens works here all this week for sl.” Mr. Layman and Mr. Shepard were capital in their places, and the former proved a versatile actor. He sang a song and danced, recited a piece in the style of a boy “who had put his tongue against an iron post on a frosty morning,” gave a second recitation for a recall, and for the grand finale led the German band, which was one of the best parts of the programme. The end men. dressed In German style, with white face*, gave aa clever a piece of acting as professionals could do, and It gave a fiappy ending to a pleasing entertainment. Ah an Interlude a banjo club played two selections and were recalled. Mr. J. L. Geiger was musical director for the minstrels. The entertainment was arranged by Mrs. Charles A. Layman, and she was presented with a large bouquet of American Beauty roses by the company. The entrance hall and bail were decorated with the-

atrical posters and there was an orchestra. The show was followed by a dance. The proceeds will be devoted to the purchase of furniture for the clubhouse. Farmer White’s Weird Story. W. A. Pilkenton, of MeCnrdsvllle. yesterday telephoned the police in this city that it was not necessary to search further for Thomas White, the farmer who disappeared in this city Saturday. Pilkenton said he met White in Anderson yesterday, and that White told a strange story of his actions. He said lie was met and robbed by two men In West Indianapolis, who threw him into a box car that, was passing. He remembered nothing more until he became conscious somewhere in Illinois and made haste to return home. Marshal Kerdieval’i Field Deputy. United Suites Marshal Kercheval yesterday announce*! the appointment of Willis B. Mcßea as a field deputy fbr Terre Haute. Mcßea succeeds Peter Clark, who resigned recently. f 8.25 TO CLEVELAND AM) RKTIRJT, Via TUk Four ltouto, Account Student#* Volunteer Movement for Foreign Missions. Good going Feb. 22 and 23, good to return till Feb. 28. Six trains per day, leaving Indianapolis 4:15 a. m., 6:20 a. m., 10:35 a. m.. 3:25 p. m., 6:20 p. m. and 6:25 p. m. Special sleeper on 6:25 p. m. train Feb. 22. For tickets and sleeping-car space call at Big Four offices, No. 1 East Washington street and Union Station. LOW FARE TO CLEVELAND Via Pennsylvania Lines, Feb. 22 and 23. account student volunteer movement in behalf of foreign missions. Public generally may take advantage of this rate. Tickets goods returning until Feb. 28, inclusive. Details, nearest Pennsylvania lines ticket agent. New Supply C. A: O. Playlnar Cards. The C. & O. Playing Card is better than any 50c card on the market. We are selling them at 15c per single deck, or three decks for 40c. Apply to B. C. Kelsey, C. T. A., Big Four Railway, Indianapolis, Ind. Husband’s Calcined Magnesia—Four first premium medals awarded; more agreeable to taste and smaller dose than other magnesia. For sale only in bottles with registered trade-mark label. Insure with German Fire Insurance of Indiana. General offices, 29 South Delaware street. Fire, tornado and explosion. Cook’s Imperial Champagne is a delicious wine. Feed your horse JANES’S Duatless Oats. McGilliard Agency Cos. Fire insurance. Kimball pianos. Carlin & Lennox. 9 E. Market at. Toilet Articles We have a complete assortment of handsome Toilet Articles, Brushes, Combs, Mirrors, Manicure Articles and everything 1 which goes to make up a complete set. We handle the finest line of Ebony Novelties ever known in the city.

INDIANA’S LEADING JEWELERS. REMOVED... —TO old nos.— 25,27 &29 Sooth Meridian St. Second Floor. All of our Cut Glass at actual cost. Gardner Bros. & Ross Largest Manufacturing Jewelers in the State. COKE! COKE! LUMP and CRUSHED, -FOR SALE BY The Indianapolis Gas Cos. For tickets, call at office — No. 49 South Pennsylvania St Hot Water for the Bath You can’t do without it; yet we hear people say they don’t know what it is half the time—either the boiler leaks, coil is "limed up” or they can’t stand the fumes of the "burnt gas.” Ask your neighbor who is using and enjoying the Lightning Water Heater, and then order one put In your house. Hundreds in use all over the city. C. Aneshaensel & Cos. Corner of Meridian and Ohio Sts. WALL PAPER We can interest you, both in prices and designs. Can we show you what we have? Estimates furnished. We have many lovely Papers in mediumpriced goods. Cathcart, Cleland & Cos., Booksellers, (i Fast Washington St.. liidlanttpolln. Roasting Pans And other Cooking Utensils—all of the best makes. LILLY & STALNAKER. FURNITURE, CARPETS MESSENGER’S, 101 E. Washington St. CTE INWAY PIANOS —•—Best in ths World PEARSON’S MUSIC HOUSE INDIANAPOLIS. IND.* C TAT,ONERY AH Grades and Prices. THE ALLISON-ENOS CO. Three Doors South of Library.

WANTED SQUARE PIANOS In trade for our new BALDWIN, ELLINGTON and VALLEY GEM PIANOS Lowest Prices Easiest Terms D. H. BALDWIN S CO. 143,145 & 147 North Pennsylvania St. There are many person* who have m ney to lend who are unfamiliar with business method* and wish information about lin-, of investment. They hesitate to go to individuals—perhaps have no acquaintan- -e* whom they consider competent. They need the advice of qualified and experienced men, but do not know where to find them. The Union Trust Company OF INDIA NAPOLI 8 will be glad to serve them, and they can feel perfectly free to consult with the officers of the company about their affair-, which will cost nothing but the trouble of calling. Office —(Company’s Building) Nos. IIS and 122 E. Market St. PAID-UP CAPITAL : §600,900 SURPLUS FUND : : $85,000 Stockholders’ Additional Liability : $600,000 OFFICERS: JOHN H. HOLLIDAY, HENRY EITEL. President. 2d Vice-Prest. and treasurer. ADDISON C. HARRIS. H. M. FOLTZ. Ist Vice President. Secretary. The Marion Trust Cos. CAPITAL STOCK, 9:100,000. N. E Corner Monument Pln.ce nnd Market 9t. ACTS as Administrator, Executor, Guardian, Assignee, ltecciver, Trustee and Agent. 1 INSURES PROPERTY. Collects Rents. Manages Estates. Makes Investments. RECEIVES DEPOSITS FOR SAVINGB, payinn 4 percent, per annum,compounded semi-annu-ally, in sums of $1 and upward. MAKES LOANS promptly on real estate and approved collateral security, at the lowest ruling rates of interest. SAVINGS DEPARTMENT open 9 a. m. to 4 p. m., and 7 to 9 p. m on Saturdays and Mondays.

/ 1 BEST IN THE WORLD | I WE MARE AND SELL through our 52 ! ” exclusive stores more men's shoes ' i I than any other manufacturer In the l 1 world. Merit is sure to win. It Is onlv f I I a question of time when ( 1 COT you will decide that V. L. I DOUGLAS SHOES are the C 1 iPrev cvcr offCTe<l ot ) r * h,s pr,cc * O-. Our J Shoe/ ) 1 shown herewith, is | I 1 made on the Gem toe. I JJNia | of tho best calf to Ikj , procured. Made with i medium and heavy sole*, 1 leather-lined, with fast- I color hooks and eyelets | and Australian KanI Karoo tops. It Is an | ) wpvli idea! street shoe, neat, ) I dre**y nd comfort- f i|g>, able. Wo can show / ( a full line of shoes ] 1 Wmoyy/ZZ'S. made of different I \Sa ,e * , h erK especially 1 Beu * uU ' °* reaTl f !Sh— Catalog** ffSßi | Bought la W. L. Douglas, | at Our Store* R . # £ I Folithed. Free. hr(KkH>> * *“• ( I ' ... Otrx STOEE 13 LOCATED AT . .. , > 4 East Washington Street*! | H. 0. WINSLOW, Manager.

IWThe... I Indianapolis Journals Invites business men who do not advertise regularly > to try its columns. The l rates for transient display advertising are Reasonable Yearly contracts need not be made. The rate by the column, lor one or any number of insertions, is sls, $lB, s2l, $24, Or in that proportion owing to the page and position. Same rates to all. The Journal reaches the Buying Class We will send Solicitor. Call Telephone 238, or ad. dress The Journal, Indianapolis, Ind.