Indianapolis Journal, Volume 49, Number 4, Indianapolis, Marion County, 4 January 1899 — Page 6

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THE JOVnWL BUSINESS DIRECTORY. BICYCLES—WHOLESALE AND RETAIL— H. T HEARSEY CYCLE CO. (Bicycles an* BuppUen), 218-218 N. Pennsylvania st. CARPET CLEANING—HOWARD STEAM CARTF-T CLEANING AND RENOVATING WORKS. Tel. 816. FLORlSTS—berterman ft .oral company. Npw No. 241 Mass ave.. 228 N. Del, at. Tel. MO. BA UN DRIES—UNION CO-OPERATIVE LAUNDRY. 138-144 Virginia ave. Phone 1269. •IANTELS AND GRATESP. M. PURS ELL (Mantels. Furnaces). Mass. ave. and Delaware at. THE M P. HUEY CO.. MFCS. (Mantels. Grates and Tiles). New No. 1201 Mass, ave. PATENT LAWYERS—CHESTER BRADFORD. 1223 to 1236 Stevenson bldg. 13 E. Wash. st. H. P. HOOD & SON (Arthur M. Hood). 32-33 Union Trust bldg, 120 E. Market st. V. H. LOCKWOOD. . 415-418 Lemcke bldg. PLUMBING AND STEAM HEATING— J. S. FARRELL & CO. (Contractor*), SALE AND LIVERY STABLES—HORACE WOOD (Carriages. Traps. Buck- _ boards, etc ), 23 Circle. Tel. 1037. SHOW CASESWILLIAM WIECEL, t 116 South Pennsylvania st. UMBRELLAS, PARASOLS AND CANES— C. W. GUNTHER (Manufacturer), . 21 Pembroke Arcade and 56 Mass, ave. UNDERTAKERSFRANK BLANCHARD, 99 N. L>ela\vare at. Tel, 411. Lady Attendant. .Wall papers— H. C. STEVENS. New Styles Wall Paper. Low Prices. 930 N. Ber ate ave. Tel. 2on 2352. iu>i:itAi,i)iui:(i(nts. FLANNER A BUCHANAN—32O North Illinois street. Lady embaimer, for ladles and children. Otlice always open. Telephone 611. llacka at lowest prevailing price. C. E. KREGELO, FUNERAL DIRECTOR, las resumed business at bis old establishment, 223 North Delaware street. Everything new and complete. Office telephone. No. 230. LOANS—Money on mortgages. C. F. SAYLES, 75 East Market street. I.QANS—Sums of SIOO and over. City property and farms. C. E. COFFIN A CO.. 15C East Market street. koNKY LOANED SALARIED PEOPLE holding permanent positions with responsible concerns upon their own names without security; easy payments. TOI.MAN, Room 701. Stevenson building. itfONEY—To loan on Indiana farms. Lowest market rate; privilege for payment before due. We also buy municipal bonds. THOS. C. DAY & CO., Room 325-330, third floor Lemcke building, Indianapolis. FOR SALK. FOR SALE—Ten R.I.P.A N.S tot 5 centa at druggists; one glvea relief. FOR SALE—HEAL ESTATE. FOR SALE— Real Estate—No cash needed; fine residence lot near Fifteenth street; will sell to any one who will build at once anil will take mortgage security at 6 per cent, on long time or will sell cheap for cash. Address A. H., care Journal. FOR TRADE. FOFt TRADE—Fine residence lot near Fifteenth street; worth 32,200, with $7(X> mortgage; will trade for cottage in any good location, not worth more than the equity. Address A. H., care Journal. MISCELLANEOUS. WANTED —Young men, our Illustrated catalogue explains how we teach the harbor trade in eight Weeks; mailed free. MO LEU BARBER COLLEGE, Chicago. PERSONAL. PERSONAL—Massage treatment. Old Indiana ave.. Room 9. Hours, 9 a. tn. to 10 p. m.

MUSICAL. MUSICALMUSIC BOXES. sl4 Regina Box, with 20 tunes, SIO.OO. sl4 Regina Box, with 10 tunes, 8.00. S7O Regina Box, with 10 tunes, 48.00. S7O Olympia Box, w ith 10 tunes, 48.00. $45 Olympia Box, with 10 tunes, 32.00. CARLIN & LENNOX, 5 to 9 K. Market st. MLSICALBHEET MUSIC SALE. With each purchase of music we will give one copy of Artillery March, by Burt Short. AH music sold at one-half marked price. Also a special lot of music at 5c and 10c a copv. CARLIN A LENNOX. 5 to 9 E. Market st. ARTILLERY MARCH GIVEN AWAY. This popular march by Burt Short we will give fcway to every purchaser of sheet music this week. All music sold at one-half price. Also a special lot at 5c and 10c CARLIN A LENNOX, 5 to 9 E. Market st. STORAGE. STORAGE—INPP'LS WAREHOUSE CO. • W. E. Kurtz, Pres. H. A. Crossland, Mgr. (New) 517-623 S. Penn. ’Phone 1343. WE STORE. PACK AND HAUL. HANK STATEMENT. REPORT OF THE CONDITION OF THE STATE BANK OF INDIANA. Indianapolis, Ind., at the close of business Dee. 31, 1898: RESOURCES. Loans and discounts $533,789.26 Furniture and fixtures 7,422.74 Real estate 1,443.87 Revenue stamps 394.50 Taxes 3.1G2.5S Expenses 7,789.78 Cash 161.665.27 Due from banks and bankers.. 77,810.87 LIABILITIES. Capital $200,000.00 Surplus 14,000.00 Dividend 17.0.00 Interest and exchange 12.658.20 Ind*vidual deposits 433,217.92 Certificates of deposit 27,221.01 Certified checks 3.7M.52 Cashiers’ checks 964.99 Due banks and bankers 106.485.53 State of Indiana, ss. 1, James R. Henry, cashier of the above-named bank, do solemnly swear that the above statement is true to the best of my knowledge and belief. JAMES U. HENRY. Cashier. Subscribe 1 and sworn before me this 3d dav of January, 1999. EDWARD D. HAUB, Notary Public. . Correct—attest; H. W. MILLER, H. C. G. BALS. Directors. LEGAL ADVERT ISEIIEN I S. ROT ICE OF STOCKHOLDERS* MEETING. Notice is hereby given that the annual meeting cf the stockholders of the Union National Savings and Loan Association will occur at its office. No. Ido East Ohio street, Indianapolis, Indiana, on Saturday. Jan. 14, ISS9. at 2 o'clock p. m. UNION NATIONAL SAVINGS AND LOAN ASSOCIATION. i By O. P. EN'SLEY. Secretary. 2JOTICE OF STOCK HOLDERS’ MEETING. Notice is hereby given that the annual meeting of the stockholders of the Union National Savings and Loan Association No. 2 will occur at its otlice. No. 105 East Ohio street. Indianapolis, Indiana, on Saturday, Jan. 14. 1899, at 2 VcU ek p. m. UNION NATIONAL SAVINGS AND LOAN ASSOCIATION, i By O. P. EN'SLEY. Secretary. State of Indiana, Set. In the Supreme Court. Thomas P. Sup er et al. vs. Zachariah T. Mayfield et al.. No. 18778. Appeal from Owen Circuit Court. Whereas, it appears by affidavit filed that Zachariah T. Mayfield, Artemacy Bishop, John Mayfield. William Hendricks, Oyrenus W Hendricks, Emily F. Moore, Mary P. Greene. Eddie Buchanan. Pascal Buchanan, James Buchanan, Silas Buchanan, Henry M. Buchanan. Rip Van Winkle Buthanan. James W. Seay, Rose X?wton. Merge he 11 Newton, Henry C. Sieele, Mrs. Jane Duncan, and the unknown heirs of each and <very ©ne of the persons above named, and the unknown heirs of John C. Mayfield, deceased, the unknown heirs of Janie Chenoweth, deceased, and the unknown heirs of James Snodgrass, deceased, r,d Joicy MltohcK are nonresidents of the State of Indiana, and are necessary parths to said appeal. Now, therefore, the said nonresidents above named are hereby notified that on the 15th day of October, 1898, the said Thomas P. Surlier et al. filed In the clerk's office of the Supreme Court of Indiana, a transcript of the record and proceedings in a certain suit aptiealed from the Circuit Court of Owen county, Indiana, in which said Thomas P. Surlier et a!, were plaintiffs, and said Zachariah T. Mayfield et al. were defendants, and cald above named nonresidents are hereby notified to appear at the Supreme Court room, in Indianapolis. Indiana, before said Supreme Court, on tlve 2sth day of February. 1899, and defend said appeal. else the same will be proceeded u(ion in their absence. Witness my hand and the seal of said court, this 3d day of January, 1399. ROBERT A. BROWN, • Clerk Bupreme Court. Downey, Hickam & Robinson, Attorney* tor Appellants.

DIED. DAlLY—Sarah Elizabeth, widow of Col. H. Dally, deceased, eldest daughter of Judge James Morrison, deceased, at Columbus, Ind., at 4 p. m., Jan. 2. 1899. Burial at Columbus, Thursday, Jan. 5, at 2 p. m. TUCKER—Charles S. Tucker died at Denver. Col., Jan. 3, age twenty-four years. Notice of funeral later. THE ESTATE DISAPPEARS * ADMINISTRATOR SEARCHING FOR W*. 11. JAMES’S BELONGINGS. © . Metropolitan Insurance Policy Which a. Company’s Agent Took Possession Os. Probate Commissioner Walker yesterday appointed Attorney O. B. lies administrator of the estate of Wm, H. James, sixty-four years old. who died at the Deaconess Hospital on Dec. 4 last of pneumonia. The appointment was made at the request of Dr. John Kolmer, who was called to attend the sick man in his room over a drug store at Virginia avenue and Maryland street, and afterward had him removed to the hospital. Dr. Kolmer said he believed an administrator should be appointed in order that an investigation might be made of the manner in whioh Mr. James’s personal property was disposed of. Immediately after the appointment had been made, the administrator started out to look after the personal effects belonging to the estate. James was a machinist and was employed at Ewald Over's foundry on South Pennsylvania street. He had no family In this city, but it was learned that his son Is a traveling man, who makes his headquarters in Chicago and Memphis, Tenn. Mr. lies went to the room formerly occupied by James and found that all the furniture had been removed. The attorney made inquiry at the foundry where James had worked and found that one of his shopmates —William Swan—had taken charge of the furniture. Swan said he had sold It for $8 and had sent the money to James's son at Memphis. Mr. lies says he was informed that when James entered the hospital he had about S4B in cash with him, besides a gold watch, three or four diamonds and two insurance policies. The people at the hospital told the attorney that after James’s death a man who gave the name of George W. Baker, a collector for the Metropolitan Life Insurance Company, came there, and all the dead rpan's personal effects were turned over to him. Attorney lies saw Baker and the latter told him that he had paid the hospital people $lO and had paid S3B to Undertaker Blanchard, who buried William James. Prior to his talk with Baker Attorney lies called up the Metropolitan Life Insurance Company and learned that one of the policies held by James had been Issued by that company. The attorney says that during his talk over the ’phone he gave the company some instructions, as he had a right to do as administrator, and was met with the reply that “it was none of his business.” Baker told the attorney that he had taken possession of James’s effects because he was his friend. He laughed when the attorney spoke of the diamonds, and declared they were not real jewels, but were “glass.” Baker said he had sent James’s effects to hjs son at Memphis. D. J. Conner, of 519 East Washington street, told Attorney lies that he knew something about the diamonds which James had in his possession. He said they were fine stones, but did not belong to James. They had been given him, Conner said, by a woman of this city, who left them as security for money loaned her by James. Attorney lies says that Baker told him he only knew of James having one insurance policy and this was the one issued by the Metropolitan Company. The policy was In the possession of Baker, and tho attorney did not learn the amount of it. He was told that the remainder of the funeral expenses would be paid out of the Insurance held by James. Dr. Kolmer sent a note to the proprietor of the establishment where James had been employed asking about his bill. He says he received a reply to the effect that "there was nothing left of the estate.” The physician then began to make some Inquiry on his own account, whlf-h resulted In the appointment of an administrator. Attorney lies says the matter will be investigated by the court.

FIIANKEM WILL CONTEST. Sou W ho Was Cat Off Trying to Break tlie Instrument. Suit was brought In the Circuit Court yesterday to contest the will of Jonathan Frankem, who died in this city on Dec. 4 last, leaving an estate valued at about $lO,000. Mr. Frankem left two sons—lsaac L. and Augustus H. Frankem. In making his will, he cut his sons off with a bequest of $5 each, leaving the remainder of his estate to his grandchildren, Henry F., Kate and Anna Rowe. These are the children of his daughter, who is dead. On Dec. 13 Philip Hildebrand was appointed executor of the will, and on the same date the instrument was offered for probate. Isaac L. Frankem, w T ho is the plaintiff in the suit to break the will, filed an objection to the proceedings about to be taken by the probate commissioner, and further action was deferred. Isaac L. Frankem makes his brother and his nephew and nieces defendants to the suit. In making the small bequest to Augustus Frankem, the testator declared that his son had not shown the proper respect for his parents. “He went so far in his unnatural conduct." the will lead, “as to curse his mother at the bedside of a dying brother, and I wish to show him that a son who is so undutiful has no claim on my bounty.” In referring to the bequest of $5 to the plaintiff. Jonathan Frankem said in his will: "It is my desire that he shall receive no more for the reason that he has treated me ar.d his mother in a most shameful manner. Though sick and in distress, he has never shown interest enough in his parents to inquire concerning them. In fact, he has been lacking wholly in duty, respect and affection to his mother and me.” The plaintiff Is asking that the will be set aside, first, on the ground that his father was of unsound mind when he executed the will, and second, that he "was induced to make the will by the undue influence of some person or persons to the plaintiff unknown.” THE BREWERS’ TRUST. Pro*ecntor Pnsrli Is Asked to Have It Investigated. The new grand jury began Its work for the January session yesterday morning after being instructed by Judge Alford, of the Criminal Court. The jurors are Milton P. Port (foreman). Wm. S. Budd, William Grover, Lemuel Edwards, Robert C. Williamson and Daniel Monninger. Judge Alford gave the usual instructions, requesting the jury to investigate all violations of law’ brought to its notice. Judge Alford said yesterday afternoon that he had not instructed the jury to go Into the alleged “park scandal” because no charges had been made to him officially. It was the business of the grand jury, he said, to Investigate everything of an unlawful character, and if any one had information relating to the park scandal they could appear before the grand jury and tell what they knew. Edwin 11. Pugh, county prosecutor, has been asked to have the grand jury investigate the alleged violations of the anti-trust law by the brewing companies. It is charged that the breweries have combined to keep the price of beer at $8 a barrel, in restriction of trade. The attention of the prosecutor was also called to the rule of the brewers' association which permits no member to sell beer to a saloon keeper going into business who owes for beer purchased from another member while in business before. A Vamlaliu. Employe’s Salt. Keefer Laufman, of Edgar county, Illinois, administrator of the estate of Charles McFarland, has filed a petition in the United States court against Volney T. Malott, receiver of the Terre Haute & Indianapolis Railway. The petitioner shows that Charles McFarland was employed as a locomotive fireman by the T. 71. & I. Railroad Company and was killed on Deo. 21, 1896, by be-

THE INDIANAPOLIS JOURNAL, WEDNESDAY, JANUARY 4, 1899.

lng struck on the head by the projecting arm of a mail crane. The petitioner, as administrator of McFarland’s estate, brought a suit for damages against the railroad company, and in the Circuit Court of Edgar county secured a verdict for $5,000. It is claimed that the judgment has never been paid, although no appeal was taken from the action of the lower court. The petitioner asks that the defendant be required to make answer in court, and if the allegations set out are found to be true that the receiver be required to pay the amount of the judgment into court. Merchant Policeman Sued. In the Superior Court yesterday, Harry W. Eastwood began n action for damages against August Jensen, jr., a member of the Merchant police force of the city, on account of personal injuries; The plaintiff demands SI,OOO. He says that on Dec. 10 last he was employed at the livery stable of Alfred Fodrea, 1634 South Meridian street. Early in the morning, he avers, the defendant sat down in a chair at the stable and fell asleep. The plaintiff awakened the slumbering guardian of the peace, he avers, and the policeman immediately fell on him with his club. Eastwood claims he was unmercifully assaulted and was beaten into insensibility. He alleges that as a result of the beating received he is injured for life. Mabel Meyers’ Estate. Elmer E. Nichols was yesterday appointed administrator of the estate of Mabel Meyers, giving a bond of $5,000. He also qualified as the guardian of Martha Meyers by furnishing a $5,000 bond. * THE COURT RECORD. Supreme Court. 18510. Rains vs. the State of Indiana. Tipton C. C. Affirmed. Jordan, J.—l. Instructions to a jury must be considered and construed together and not in detached parts, and when so construed if they, as a whole, correctly declare the law they will not bo overthrown although some fragmentary or isolated parts thereof are not accurate or clear. 2. In the trial of a criminal cause the State is not required to prove beyond a reasonable doubt every subsidiary or minor fact or circumstance in evidence which tends to establish the material or essential facts upon w’hich the ultimate question of the defendant’s guilt depends. 3. When the instructions, as a whole, are as favorable to a defendant as he can legally demand the cause will not be reversed on the instructions. 4. It is proper to exclude evidence which is the bare opinion of the witness. 2664. Sterrett vs. Timmons. Carroll C. C. Affirmed. Henley, J.—l. When a complaint contains all the necessary averments it is proper to overrule a demurrer thereto. 2. In an action in replevin the filing of the complaint and bond, the issuing and service of the summons, and the appearance of the defendant will give the court jurisdiction of both tho person and subject matter, and the failure of the writ of replevin to show by the return of the officer who' executed it that the property was taken under it, or what disposition was made of the property by the officer does not affect the jurisdiction of the Circuit Court where the cause is appealed from a justice of the peace. Appellate Court. 2621. Krag-Reynolds Company vs. Oder. Marion S. C. Affirmed. Comstock, J.—l. A contract can only be rescinded in toto. 2. A party cannot affirm such parts of a contract which are of Interest to him and rescind the part in the interest of the opposite party. 3. Where the execution of a mortgage is procured by a contract such parts of it as are of interest to the mortgagee cannot be affirmed by him and such parts as are to his disadvantage repudiated by him without the consent of the mortgageor. 2643. Perigo vs. Indianapolis Brewing Company. Marion S. C. Affirmed. Robinson, J.— 1. While a foreman may direct certain work to be done, yet if it is done by employes who act upon their own judgment as to the manner in w hich it is done and an employe Is injured in tho performance of the work it is an act of the fellow-servant and not one for which the employer is responsible. 2. Where an employe is a mechanic and provides his own w’orking place he has the better opportunity of knowing whether the place is safe or not. 3. When an employe continues to work while his place in which he Is working is becoming dangerous for his personal safety he assumes any risk caused by means open to his observation. Superior Court. Room 2—James M. Leathers, Judge. The Red Clay Orchard Company vs. Jas. H. Smith. On trial by jury. Circuit Court. Henry Clay Allen, Judge. William I*. Wampler vs. George W. Slider’s Estate. Allowed by executor for $12.05 and costs against estate. Flanner & Buchanan vs. Geo. W. Slider’s Estate. Allowed by executor for S6O and costs against estate. Anna Orme, administratrix, vs. T. S. Rollins’s Estate. Finding for defendant. Judgment against claimant for costs. John W. Carrier vs. William F. Wantland; on note. Submitted to court. Finding for defendant. Judgment against defendant for $160.26 and costs. Joseph Grine vs. Joseph T. McClain’s Estate. Submitted to court. Finding for claimant. Judgment against estate for S4O and costs against estate. Laura Thompson vs. Frederick Ward’s Estate. Submitted to court. Evidence heard. Finding for claimant. Judgment against estate for $lO and costs. Christian Wiese vs. Frederick B. Richter’s Estate. Submitted to court. Evidence heard. Finding for claimant. Judgment against estate for sllO and costs. O. S. Runnels vs. Clara Cressler’s Estate. Submitted to court. Evidence heard. Finding for claimant. Judgment against estate for $18.25 and costs. Flanner & Buchanan vs. Mary A. Gill’s Estate. Submitted to court. Evidence heard. Finding for claimant. Judgment against estate for $94 and costs. Flanner & Buchanan vs. James Gill’s Estate. Submitted to court. Evidence heard. Finding for claimant. Judgment against estate for $65 and costs. Charles T. Whitsett vs. Lavina L. Roach’s Estate. Submitted to court. Finding for claimant. Judgment againat estate for $54.25 and costs. Indianapolis Paint and Color Company vs. John Hedlund’s Estate. Submitted to court. Evidence heard. Finding for claimant. Judgment vs. estate for $14.72 and costs. C. .A. Barnes et al. vs. Daniel C. Huffman’s Estate. Allowed by administrator for $20.82 and costs against estate. Francis W. Deboy vs. Samuel Deboy’s Estate. Judgment on verdict for SIOO against estate for costs. City vs. Caleb N. Lodge. From City Court. Dismissed by plaintiff. Judgment against plaintiff for costs. Indiana Bond Company vs. Thomas H. Shearer et al.; improvement lien. Submitted to court. Evidence heard. New Suits Filed. Isaac L. Frankem vs. Philip Hildebrand et al.; suit to contest will. Circuit Court. Alfred A. Hacker vs. Catherine J. Hacker; petition for divorce. Superior Court, Room 1 Sadie James vs. William E. James; divorce Superior Court, Room 2. Harry W. Eastwood vs. August Jensen, jr.; damages. Superior Court, Room 3. Charles H. Gilleland vs. William P. Shelby et al.; mechanic’s lien. Superior Court, Room 2. Mattie A. Kemp vs. Franklin P. Kemp; divorce. Superior Court, Room 3. Mary B. Reid vs. Harry N. Reid; suit for divorce. Circuit Court. NITRiC ACID KILLED HIM. John Grieb Swallowed the Stuff by Mistake. A death return made to the City Board of Health yesterday gave the information that John Grieb, of No. 436 North Pine street, had died from swallowing nitric acid. Dr. Wands was the physician who made the return. He said last night that Grieb went to his home last Thursday night ar.d found a bottle which appeared to contain whisky. He took a drink of the liquid, which was nitric acid. Dr. Wands reached Grieb twenty minutes after he had drank the acid, but it was too late, and Grieb suffered until Saturday, when he died. The acid had been left in the house by plumbers. Dr. Wands said he informed the coroner of the case and was instructed to make a return of the death to the Board of Health officer If he were satisfied that the death was really due to accident. Dr. Wands was satisfied, the coroner did not investigate the case, and therefore it has not become public until at this time. Coroner Nash corroborated Dr. Wands's statement last night. He said Dr. Wanda assured him that there was no supicion of anything criminal In the case, and therefore he let Dr. Wands handle it without further question. Coroner Nash said the reason he did not make the case public was that it had slipped his mind. Grieb was sixty-six years old and lived with his wife. He had several married children. Mr. Fonlke’s Lecture Postponed. William Dudley Foulke w’as to have read a paper to the Century Club last night, with the Philippine islands as a subject, but because his train was four hours late the reading was postponed to some future meeting. Prof. Dotey. of the High School, read an essay on the supernatural characters in Bhakspeare's plays. i Vose finest upright pianos at Wuischner’a.

THE CITY’S WATER PLANT + BRIGHTWOOD SYSTEM THREATENS TO BECOME AN ISSUE. May Conflict with the Contract with the Indianapolis Company. 1 A resolution came up in the Council some time ago that a committee should be appointed to act with the mayor and the Board of Public Works in considering the advisability of extending the mains of the Brightwood water plant and adding to its capacity. The committee was appointed, but nothing has yet been done. Mayor Taggart was asked about the matter yesterday and he replied; “So far as 1 know tho committee has not begun to discuss the proposition. Brightwood people who have not water facilities have asked that the mains of the suburb s plant be extended and its capacity increased. The plant belongs to the city now;, you know.” Vice President Davis, of the Indianapolis Water Company, had not heard of the project until his attention was called to it by the Journal last evening. It was pointed out to him that, as Brightwood is now just as much a part of the city as is Monument place, it might be construed into a violation of the Indianapolis Water Company’s contract with the city to extend the Brightwood water plant. “I will look this matter up Immediately,” Mr. Davis said, “and I am very thankful to you for celling my attention to it. Though I have not known of the project before, it seems to me that it might be a violation of our contract. Os course, it would be impossible to enlarge the Brightwood water plant to any considerable extent, because it has not the necessary facilities, but, as you say, it might be a violation of our contract if tho Brightwood plant supplied even one person, because the plant is now owned by the city of Indianapolis. I shall be prepared to make a definite statement of our opinion in the matter Thursday.” It was suggested yesterday that the Brightwood water plant, if the city enlarged it to the fullest possible extent, might become an Important rival of the Indianapolis Water Company in Brightwood. One imaginative person saw the question of the city’s ownership of the water works solved by tho Brightwood water plant being enlarged until it supplied the whole city and wiped the other company off the face of the earth. Board of Safety Statistics. Clerk Davis, of the Board of Public Safety, is preparing the board’s annual financial statement. The total amount of appropriations for the board last year was $358,794.81. Os this amount all but $499.30 was expended. Tho amount of the police force salaries was $131,591.44, and the tire department salaries amounted to $132,175.32. It cost $42,826.31 to equip the new police station, this sum including the cost of the Gamewell police telegraph system. The board will meet this morning and let a contract for coal for the police station during the rest of the winter. About two tons of block coal will be required every day and it is expected the total amount will be about two hundred tons. SUPREME COURT RESUMES. New Judges on the Bench—A Grist of Decisions. The new Supreme Court handed down its first opinion yesterday in the case of Charles Rains, of Tipton, who was charged with shooting at George Gare, a neighbor, who had grievously struck him for an alleged insult to the wife of the latter. The lower court held that he was guilty of shooting with intent to kill, and In his appeal Rains made the novel plea that as his marksmanship was notoriously bad there was not the slightest chance that he could have hit Gare, and that therefore, he could not reasonably be charged with intent to kill. The court ruled against this showing and he was sentenced to the Northern Prison for from two to fourteen years. This judgment was affirmed by the Supreme Court. Several years ago Catherine Timmons and her husband, of Carroll county, replevined fifteen ducks, valued at $3, from Wilson Sterretts and wife, and the latter appealed the case through every court in the State until it reached the Appellate Court, where yesterday it was finally decided that the ducks belonged to the Timmons family. The appellants will have a big bill of court costs to pay, while the ducks over which the trouble started are all dead. The Appellate Court decided against the Krag-Reynolds Company in affirming the decision of the Marion Circuit Court in the case of Ulysses G. Oder, a grocer of this city, whose stock was worth SIOO, but on which there were two mortgages—one for S3OO and the other for $250. The Krag-Reyn-olds Company promised that if he would give a chattel mortgage to cover an old debt he w r ould be given credit for fifty dollars’ worth of groceries. As soon as the mortgage was given, however, the company immediately attempted to take possession of the store without keeping its promise. The Superior Court decided that Oder and the holders of the two first mortgages each had a better right to the goods than the KragReynolds Company, and the Appellate Court affirmed the decision. For the benefit of the three new Supreme judges oral argument will be heard in the case of the American Trust and Savings Bank against John E. MeGettigan, receiver of the Premier Steel Company. The claim involves more than $109,600 and was argued over two years ago before the old judges. Many complicating briefs have since been filed and it was thought the new’ judges would better understand the case if oral argument were again heard. In the suit of Smith W. Perigo .against the Indianapolis Brewing Company for $25,000 damages the Appellate Court affirmed the finding of the lower court that the plaintiff had not shown that his injuries were the result of carelessness on the part of the company. Perigo fell from a scaffold while working on anew buildipg belonging to the company.

PARK LAW REVISION. Committee Recommend* Women for Membership. The special committee on park law of the Commercial Club, in a report submitted yesterday to the directors, recommended a revision of the old law which was wiped out by a Supreme Court decision, and further suggested that the park board be composed of four men and two women, all to be appointed by the mayor, not more than two of whom shall belong to the same political party. Thereupon, in the discussion which arose, there was a desire for elucidation of the problem of determining the party to which any woman belonged, or whether they could be considered as nonpartisans. The directors wtre not opposed to women holding membership on the board, but merely wanted assurance that they could properly qualify under the law and Constitution. The question of equitable assessment of property also disturbed the directors, and the entire matter was referred again to the committee. The committee is composed of ex-Mayor Thomas D. Sullivan, Jacob P. Dunn, A. F. Potts, Rev. M. L. Haines and George Merritt. The amendments to the oldllasw f suggested, aside from the one regarding membership on the board, are embraced in the following report: “In Section 2 we first amend by inserting four years as term of service in place of five years, us the old law provided. And in the latter clause of the section which provides the mayor with power to remove any commissioner, we insert the words, ‘but only upon his filing in writing with the city clerk his reason for such removal.’ “At the end of Section ts we add the words ’and such meetings shall be open to the pubuc.’ “To the fifth paragraph of Section 9 we add the words ‘and to establfl&h suitable places for such impounding.’ “To Section 12 we add the clause ‘but shall have no power tot contract debts beyond the amount of the *approprlation.’ "For the beginning of Section 14 we sub-

stitute the following: 'lf said board should wish to sell any portion of the park lands now owned by the city, or that may hereafter be acquired, they are hereby authorized to prepare an ordinance authorizing such sale and submit the same to the City Council.' “If the Council shall pass such ordinance and the same be signed by the mayor, then the said board shall have power to sell the same and the proceeds of such sals shall be expended in the improvement of the remaining park lands or in the purchase o' other lands for park purposes, as said board may deem for the best Interests of the city. “For Section 17 we submit the following sections numbered 17 and 171£: “ ’Section 17. The said board shall have power to keep open rivers and streams, or waterways, and to prevent the pollution thereof, and to provide for the protection and beautifying of the banks thereof within said city, or within four miles of the boundaries of the city, and to make such rules and regulations concerning said streams and the banks thereof as shall, in their judgment, be necessary to prevent their pollution. Any violation of said rules and regulations shall be deemed a misdemeanor. ‘Sec. 17!£. Said board shall have power to provide for the damming or changing tne course of any river, stream or waterway within the boundaries of any park, so as to provide water for use in said park for sprinkling, boating or other purposes. Also to provide pools of water or artificial lakes in such parks; also to construct all necessary bridges and viaducts over or tunnSll,un(ler r ' vers - water courses or railroads within or bordering on the lino of such parks, boulevards or parkways.’ In Section ID, after the word ‘thereto,’ in the nineteenth line, we insert ‘but benefits shall only be assessed against abutting property. ° CORRALLED THE TRAMPS ♦ POLICE SWOOP DOWN ON A MARY-LAND-STREET MISSION. * Seventeen, Claimed to Re Chronic Beggars, Taken to the Police Station. ♦ Captain of Detectives Colbert and all his myrmidons went into Reed's mission, at Nos. 323 and 325 West Maryland street, yesterday afternoon, corralled all the inmates and proceeded to hold an investigation. There were about fifty men in all kinds of rags In the place. Captain Colbert questioned them all and weeded out seventeen, w'ho w r ere taken to the police station on the charge of vagrancy. They gave us their homes cities all the way from California to Maine. The reason of the raid was that many complaints had come to the police of insistent beggars stopping men and women on the streets, and it was said that the gang made its headquarters at the “mission.’’ The detectives “spotted” the beggars and found them all yesterday afternoon at the “mission.” Recently this place delivered tickets about town, accompanied by a letter which related the advantages of giving a ticket good for a meal to a beggar who asked for money to buy food. The letter further said that tho tickets which were used would be returned to the subscribers, and 10 cents collected for each one. The desk sergeant at the police station gives vagrants tickets to this mission. Tho understanding at the police station is that tramps are given a bed free the first night, hut must pay 10 cents for It the second night, if they stay. Chief Colbert said he had nothing against the place as a charitable institution, but the gang of beggars was making it a hotel and was going out into the city begging money to pay its host. The "mission” is the enterprise of a man named Reed and his wdfe, and has no connection with the Indianapolis Charity Organization Society or with the well-known Rescue Mission. The Journal some time ago received an unsigned communication saying the West Maryland-street rescue mission for men was a very worthy institution, philanthropically operated by Mr. and Mrs. Reed, and that they were running very short of funds and unless they received aid from the public they might have to give up the “work.” The communication spoke in extreme praise of the Reeds. It is understood that vagrants are not forced to work for meals or lodging at the mission, as they are at the Friendly Inn, but must pay for what they get, with the exception that they may sleep there free one night if they have no money.

THE COUNTY INVESTIGATION. Two Experts to Receive IJMO a Week Each. The County Commissioners yesterday made the final arrangements with Charles A. Bookwalter and George H. McCaslin, by which the latter are to begin at once an examination of the books of the county clerk, treasurer, auditor, recorder, sheriff and the records of the commissioners’ court. The experts are to receive S4O a week each for their work and are to put In eight hours a day. In fixing their compensation, it was intimated by Messrs. Bookwalter and McCaslin that $lO a day each would be about the right pay, but the commissioners could not see the matter in this light. The amount finally fixed for the work is satisfactory to all parties. County Attorney Brown estimates that it will require about ninety days to complete the investigations. The commissioners adopted “specifications” submitted by the county attorney, which will serve as a guide to the experts in their work. The clerk’s office will be the first office investigated. The examination in all of the offices will go back as far as 1890. The investigators are expected to ascertain if any fees not authorized by law have been collected by the several county officers, or whether the officers have failed in any case to charge the proper fee. One paragraph of the “specifications” reads: “Ascertain what fees, if any, are due and uncollected and tell us in your opinion what fees can be collected. If said fees be in the clerk’s office, give us the number of the cause. If in any other office, refer to same, so each item can be turned to at once.” The experts will be further required to find out what allowances, if any, have been made to county officers by the Board of Commissioners, and upon what authority these allowances, if any, were made. In their investigation in the county clerk's office the experts are to omit all divorce cases. In talking with Messrs. Bookwalter and McCaslin yesterday, the county attorney said he had understood that J. W. Fesler, during his term of office as clerk, had collected and turned over to the proper authorities $30,000 of fees in excess of his salary. The attorney said that the fee business of the county had become a big thing, and if there were any uncollected fees due the county the fact should be known. Mr. Brown said he did not expect the investigation to show that ary county officer lad been dishonest. The purpose of the examination was more to find out whether there was money due the county that had not been collected. EIGHT DAYS UNBURIED. Susie Howard’* Interment Still Waiting on Fund*. Addle Posey, a colored woman living at No. 420 West North street, was at the police station last evening soliciting funds to pay the funeral expenses of a friend, Susie Howard, whose body, she said, had lain in Willis's Undertaking establishment for eight days. She and her friends, she related, had gathered S3O and they needed $7 more. She collected a little money from the policemen. So far as inquirers could learn from the woman the case apparently was a worthy one. Mrs. How'ard had lived heie four years, and for the last year had made her home with Mrs. Posey. Two weeks ago she fell on the Ice and a short time afterward she died. There was no money with winch to bury the body, and Undertaker Willis agreed to keep it in his place until Mrs. Posey and her friends could collect the sum needed. Mrs. Howard left two little boys. Her husband deserted her several years ago, and she had made a living for herself and her children by r ashing clothes. “We must do something with the body to-morrow,” Mrs. Posey said last night, “and any one who wants to help us to bury It can come to my house. No. 420 West North street, this morning. I’m a widow', but I gave $5 to the collection, and I'm going to take care of tne two mui boys until I can find good hones tor them.”

La Grippe is Contagious Atmosphere Impregnated with Germs The Disease Proved Beyond Question to Be Infectious and Is Rapidly Conquering the Country—Existence of Grip Germs Now an Established Fact.

The recent action of the New York Board of Health in declaring La Grippe to be a contagious disease, as well as the great prevalence of the disorder at this time, is spreading alarm throughout the land. This action was not taken until eminent scientists had positively identified the grip microbes. In all cases of influenza or La Grippe these disease germs are present in the secretions of the nose, throat and bronchial tubes. They are transmitted from person to person, by direct contact or inhaling the germs floating in the air. La Grippe is a dangerous disease. It attacks the system in its most vital parts. The nerves are weakened, the brain is deranged, the heart is disturbed and the appetite destroyed. The vitality is lowered and the resistive power is wasted, so that pneumonia, heart disease, nervous prostration and insanity find easy victims. No specific for the Grip germ has yet been discovered, but the disease may be easily prevented, or its effects overcome by the prompt use of Dr. Miles’ Restorative Nervine. This great nerve tonic and brain food strengthens the weakened nerves, rests the tired and wornout brain, increases the vitality and builds up the resistive power so that disease germs are harmless.

AMUSEMENTS. SsMNfjlg

Tfl.ni V -Matinee, 2:15. 1 U-DA I Mfcht, 8:15. | a Chicken ]DAN DALY I ) Cross the l -and- < 51, 75c, 60c; gallery, 25c. Wednesday matinee: Lower floor, sl, 75c; balcony, 75c, 50c, 25c. FRIDAY y_ „ SAT. SATURDAY JJ tills V> MAT. Mr. Frank L. Parley Presents ALICE NIELSEN OPERA CO. In the latest Operatic Success, The Fortune Teller By Victor Herbert and Harry B. Smith. 100 FEOPLE ON THE STALE. PRlCES—Nights: Lower floor, $1.50, $1; balcony, sl, 75c, 50c; gallery, 25c. Matinee: Lower floor, $1; balcony, 75c, 50c, 25c. Seats now on sale. ' AVUSEMENTS. G WAND TO - NIGHT 25c MATS. TO-DAY and SAT. GRAND STOCK COMPANY —IV—“The Private Secretary” ..Best and brightest comedy ever written... Prices—Evening: 60c, 25c, 15c. Matinee, 25c. Seats on sale two weeks in advance. NEXT WEEK—“The Banker’s Daughter,” with Frederick Paulding as John Strebelow. PARK - TO-DAV-g £. £ The world's best and most refined Vaudevilles, Hopkins’Transoceanic STAR SPECIALTY CO. Headed by Kara, greatest of Juggler*. 10c, 20c, 300. Everybody goes to the Park. Jan. 9. 10, 11—“A Cheerful Idiot,” the latest farce-comedy success. Special wire for McCoySharkey fight next Tuesday night. Empire Theater Cor. Wabash and Delaware St*. ONE WEEK—Commencing - MONDAY, Jan. 2. Matinee Daily Every Night FRANK —WILLS —JOHN “IN ATLANTIC CITY” Prices of Admission—loc, 15c, 25c, 50c. Jan. 9. 10. 11—“ Night Owls.” Jan. 10 —Returns of McCoy and Sharkey fight. Yor (gppiCaXawTv ELY'S CREAM BALM is a positive cure. Apply into the nostrils. It is quickly absorbed. 60 cents at Druggists or by mail; samples 10c. by mail. ELY BROTHERS, 66 Warren St., New York City. No Other External Remedy, and Few Internal, Are Equal To a BENSON'S, S*SEALI (ON THE rtTAMPJ (genuine Upplq LifiixtlliLy ’t is tho best PQBOUS PLASTER Invaluable in Kidney Di*ea*e. It soothe* the. Kidneys, stops the dull aohe, protects ngaitmt sudden cold. Try a Benson’s. Price 26c All Druggists. Os COKE! COKE! Lump and Crushed —FOR SALE BY Tke Indianapolis Gas Cos. For tickets call at office— No. 49 Soiitii Pennsylvania St.

“I had two severe attacks of the Grip in 1890, and was confined to my bed four months during the latter spell. My nervous system Was so racked and shattered that I could not sleep; for two months I was kept under the influence of narcotics, and my physician and friends all despaired of my recovery. It seemed like a providence that I heard of Dr. Miles’ Restorative Nervine; for in two days after I commenced using it I began to improve, and in a month’s time I was virtually cured. Since that time I have used the Nervine whenever I feel bad, and tired or nervous, and I have never known a sick day. It is the greatest health preserver on earth, “D. W. HILTON, “State Agent Michigan Mutual Life Insurance Cos,, Louisville, Ky.” All druggists are authorized to sell Dr. Miles’ Nervine on a positive guarantee first bottle will benefit or money refunded. Be sure you get Dr. Miles* Nervine. Take nothing else. Write us about your troubles and ailments, and vve will give you the honest advice of a trained specialist absolutely free of charge. Book on Heart and Nerves sent free. DR. MILES MEDICAL CO., Elkhart, Ind.

SSEvThursday, Jan. 5 Engagement of the Favorite Comedian, DIGBY BEIvJv Supported by LAURA JOYCE BELL, in Augustus Thomas’s Domestic Comedy Drama, THE HOOSIER DOCTOR Now in its Third Successful Season. PRICES—2Sc, 60c, 75c, st. Seats now on sale. COMING—Jan. 9710, ll—SiZ: The Beauty Show, Par Excellence. i For Klaw <fc Erlanger'a SEATS ON SALE [ Superb Fairy Spectacle. THURSDAY, JAN. 5 j By Barnot and Sloan. JACK BEANSTALK -BFKCIAL ny, sl, 76c, 50c: gallery, 25c. Mat.: PRICES | Lower floor, 75c : balcony, 50c, 25c. Give us and “Y. B.” a call at our new stand. Patton Bros., Not Open Sundays. ep \ p)ptjoriL, V •.•■.PBIILST. DENISON HOUSE. / Mta*. INDIANAPOLIS-IN D. 4w/ LARGEST, OLDEST, BEST. In Central West. Bryant & Stratton, B Indianapolis USINESS UNIVERSITY N. Penn., op. P. O. Day and night. Graduate* assisted to positions. 20,000 In good situations. Write for particulars. E. J. HEKB, President. Winter term begins Jan. 3. sfaxih: A course In conversational Spanish, conducted by one of the most eminent Spanish teachers, will begin Jan. 16; also, German and French taught. For information apply to P. ,T. SCHERER, 115 East Walnut street. ward’um; Steamships *aii from ?iew York for Havana, Progresso and Vera Crux, Wedneadaya. For Havana direct, Saturday*. For Nassau. N. p„ Santiago, Cienfuegoa, Guantanamo and Mansanillo, Cuba, Tliumday*. for Tampico and Mexican Coast Port* Friday*. OEUfIHTR'L TOURS TO COVERING THE SCENE OF THE TROPICS Vjljgp THE SPANISH WAR • licstm, Ticket,. S7 Mt* Ujwirt, JAS. E. WARD &. CO. CMKfr 113 II Sow, N*. Vertt Begin the New Year... Right Begin it by getting in touch with the right people. You can do it through the.... Journa!< Then keep in touch with the right people. You can do that through the Journal. Advertising rates, advertising ideas and advertising man at your service. TELEPHONE 235.