Indianapolis Journal, Volume 49, Number 176, Indianapolis, Marion County, 25 June 1899 — Page 3

THE INDIANAPOLIS JOURNAL, SUNDAY, JUNE 25, 1899.

3

THE NEW GflS CONTRACT

mOMPTLY sussed nv WORKS BOARD A.D SE.VT TO MJW YORK. City Rlcht to Tent Meter Strom Stateineuta nnd Examination of Rooks. As was anticipated, the Board of Works held a special meeting yesterday morning to act on the new contract with the gas company. City Attorney Kern handed it over to the members and they all signed It, after "which the document was tent to New York for President Hastings's signature. The contract ij as follows: That, whereas the paid parties have fceen and are engaged In litigation In the Circuit Court cf the United States for the jrjtrict of Indiana, in cause numbered 8433, In chancery, entitled 'Indianapolis Gas Company vs. City cf Indianapolis the question therein Involved being the vallJlty ci n, crdInance of the Common Council cr said city, entitled 'An ordinance regulating the distribution and consumption of artificial gas. fixing the price thereof and matters connected therewith, prescribing a penalty and fixing a time when the same hall take effect.' passed on tho 2d day pf August, 1SS7, and approved fcy the mayor on the 5th day of August. lS'j?; and "Whereas It is desired that the said lltJgatioi be ended, and that cheaper and better artificial gas be supplied to said city and Its Inhabitants, "Now. In consideration of the foregoing premises and cf the stipulations and provisions herelnfater contained. It Is agreed by and between the parties hereto that upon the repeal of the said ordinance of Aug. 2, 107, hereinbefore referred to. the price at which the said Indianapolis Gas Company shall be required to furnish artificial gas to the inhabitants of "the city of Indlanapo'Is and to the said clty for Illuminating purposes, and which said company shall be entitled to demand and receive for and during the full period of ten years from and 'after the date of the pasrage of an ordinance by the Comr men Council of said city ratifying and approving this contract, upon the terms and conditions hereinafter provided and set forth, be, and the same Is, hereby fixed as follows: TUB SLIDING SCALK. "One dollar per thousand cubic feet thereof during that part of such period of ten years In which the total amount of artificial gas sold In said city by said company does not exceed SOO.COO.OCO cubic feet per annum. . "Ninety-five cents per thousand cubic feet thereof during that part of said period of ten years in which the total amount of artificial gas sold In said city by said. company is more than 200,000,000 cubic feet per annum, and le$ than 32),000,0i0 cubic feet per .annum; and "Ninety cents per thousand cubic feet thereof during all that part of said period In which the total amount of such artificial Kas sold in sahd city by said company Is more than 35",O00,000 cubic feet per annum. "The reductions in price above provided, for shall take effect as to all gas thereafter sold for illuminating purposes from and after the last flay of any semi-annual Period hereinafter, fixed, in which It shall ho report d, or found as hereinafter proTided, it the consumption of artificial Kas haa-so increased as to entitle said city to such reduction. "The said company, party of the second part, shall, on the first day of January, 1900, file with the city controller the sworn report of its president, secretary or other officer duly authorized In that behair. which report shall contain it full and true statement of the number of cubic feet of artificial gas manufactured and sold by said company during the year immediately preceding the date last aforesaid, and the number of meters in use by consumers in said city. "And said company shall thereafter, on the first days of July and January of each year during the continuance of this contract, file a written report, verified as .aforesaid, in which report shall be stated fully and correctly the number of cubic feet of artificial gas manufactured and sold by said company during the six months lm-. mediately preceding the date of filing such report, together with the number of meters In use by consumers in said city at such date. t - HIGH TO EXAMINE BOOKS. "And in case the Board of Public Works of said city should at any time be convinced either from Information received by its members or otherwise, that any such report so filed Is erroneous, In any particular, said board shall have the right through its members or through any person It may designate to examine all the books of said company, showlns anything concerning the amount of artificial gas manufactured and sold as aforesaid, and said company, party of the second part, agrees and binds itself that In case any such investigation Is ordered by said board, it will allow said board, or any person designated by it, to Inspect all of Its said books containing any Information on said subject of inquiry "It is also agreed that in case of a disagreement between said Board of Public Works and said company, party of the second part, after any such examination as .o whether the amount of artificial gas manufactured and sold in said city Is sufficient to entitle the said city and its Inhabitants to a reduction In the priae of such gas. as hereinbefore stipulated, such question shall be submitted to the arbitrament of two competent and disinterested persons, nonresidents cf said city, one to be chosen by the said Board of Public Works and the other by said company,-and if such arbitrators, after a full and thorough Investigation of the question, shall fail to agree, a third competent and disinterested arbitrator, nonresident of such city, shall be chosen by them, and in case they are unable to agree upon a choice of such third arbitrator, then the person who shall at that time be Judge of the Circuit Court of Marion county shall select and name such third arbitrator, qualified as aforesaid, and the decision of a majority of such arbitrators so chosen shall be final and conclusive on both of the parties hereto, and the price charged for such gas shall be fixed or mainWined in accordance with such report. QUALITY OF THE GAS. "3. The gas to be furnished by said company, party of the second part, under the terms and upon the conditions herein fixed, shall be merchantable illuminating gas, free from nonlnfiammable or poisonous qualities. In all respects of the- highest standard of purity and of not less than'elghtecn candlelight power; that Is, of sruch power and quality as that' a "burner, consuming five feet thereof per hour at a pressure of not exceeding two-tenths of an inch at the photometric burner (which said burner nan oe or tne lava-tipped Bunson-Argand attern) shall give a liht as measured hv he photometric apparatus in ordinnrv oi noi less man eignteen sperm candles, each consuming 120 grains of sperm per hour, and said gas shall not contain more than twenty grains of sulphur and two and one-half grains of ammonia per 100 cubic feet. - . . "The said gas shall be delivered at the hurner of the consumer at such pressure In the mains as shall be consistent with the proper distribution of the gas throughout the entire system of mains in the city and the degree of pressure shall be at all times subject to and under the direction nd control of the said Board of Public Works of said citf, and all governors meters and works of the said company shall at all times be subject to the inspection of the proper officer to be designated by such beard. :Th said company, party of the secobd art. agrees and binds itself to so Mt,i r, ts lines of plpea and mains to the raris or saui cuy, tnnt inhabitants H ereof may be supplied with gas for liluralnatinz purposes wherever they may reasonably require the same, and when a petition therefor has been presented to the Board of Public Works, signed by owners or occupants of property in any teuitory In snld city, asking uch extension, and in which petition such owners cr occupants hail bind themselves to i;;ke firt.'tii cr more burners and use the same for tucli fas. for each five hundred freet of space that such lines are akd to !e an fit.-n,io.i not including any public praiun .f th ! city, county, state or federal government': I nun is iu tuy, mui -ucn owneri ana occupants alonj; any uch entire -iae cf extension asked for "hall U.id thi natives to take and uo such total number cf bu.hers that the same will averoe liftftn burners for each srneo of tlvo hun'.rtd feet, as aforesaid, on said iroxjied :io of extension, exclusive of any ouotlc uremia, as aforesaid. "Whenever any such petition shall be filed with the said Board of Public Works, the saM board shall cause written notice ti be given either to the president, secretary, superintendent or any officer of said company found at its otlice la said city, requiring said company by its representatives to appear before Mid board on a day and at an hour certain to be named In said notice, not less than live days after the rvies of such notice, and show cause why tho prayer of such petition should not be granted. The said notice shall contain an accurate description of the streets, alleys, avenues or grounds through and along

which such extension Is asked, and the territory, the inhabitants of which It 13 proposed to havo supplied with gas as aforesaid. HEARING AS TO EXTENSIONS. "On the day and at the time named in such notice, the said Board of Public Works shall give to said company, party of the second part, if Its representatives so desire, a full hearing on the question as to Whether such retltlon has been signed by the requisite number of owners ond occupants of property, who have agreed therein to take and use the number of burners aforesaid, and as to whether such extension may be reasonably required. If said company shall not appear before said board at the time nxed in fcald notice, such board may act upon such petition, on such evidence or inIQrmatlOn aS It mav hav frnm onv cmirM

. "If. after such hearing, it should appear to faid board that such petition has been signed, as herein provided, and contains the agreement as to burners herein required, and that such extension may be reasonably requijed. It shall make an order requiring such extension to be so made as asked, and in such order shall fix the time within which su.c.h work cf extension shall be completed, which period of time shall in all cases be of sufficient length that the said company, party of the second part, by the exercise or reasonable diligence, may bo able to m.a.? "Ch extension within such time. ine said board shall cause written notice or any uch order to be given to said company, and if the ald company shall fail or reru5o to make any such extension in accordance with the terms of such order, within the time fixed therein, It shall forfeit and pay to the said city as liqudated dara2?.es J,0' breach of this contract the sum of fifty dollars (JO0.00) for each day that the completion of such extension Is delayed beyond the period so fixed. Provided, that said company shall not be required to proceed with the extension of any of its lines of pipes and mains, under any order of said board, at any time between the first day of November nnd the first day of April following in any years. ACCURATE METERS. "And the caid company, party of the second part, also agrees that it will use no meter nor require the use of any meter in the measurement of gas sold under the provisions of this contract except uch as will accurately measure all gas passing through them, and all meters whose measurements do not exceed '2 per cent, fast' or 'Z per cent, slow shall be considered accurate. "The Board of Public Works of said city shall have authority at any and all times to Inspect or cause to be Injected, and to test and cause to be tested any meters in use Liy0mpany' for the Purpose of determining the accuracy of the same. r,,Ja also agreed by and between said parties, that if at any time during the continuance of this contract complaint is made ?,ifif 'H BYir(! of PuMic- Works that the quality of artificial gas being furnished by the said company, party of the second part. J2. in " " .,.ty' or any of tne inhabitants, lor Illuminating purposes, is not equal to I. ,8t.arula.rd nd and prescribed herein, or that meters through which anv such gas .! n,ea,1ured are defective and inaccurate, the said board, being satisfied that such complaint is well founded, shall have the right to employ experts to investigate the quality of such gas and to inspect and test any such meters-, and the said company, party of the second part, agrees and binds i? r to pay for the services of any and an such experts so employed, the reasonable value thereof upon demand of the said board. "It is agreed and understood by the parties hereto that In case of the failure on the part of said company, party of the second part, to comply with the terms and proVisions of this contract, then all the rights of said company under this contract shall caAva.rd tne clty of Indianapolis, its Board of Public Works and Common Council shall no longer be bound by any of its provisions. DISCONTINUING CITY LIGHTING. "Nothing in this contract shall be held to require the said city of Indianapolis to continue the lighting of any of its public grounds, buildings, streets, alleys or avenues during the whole or any part of said period of ten years with gas to be furnished by the said company, but the city reserves the right to discontinue the said lighting In whole or in part, at its pleasure. It is, however, agreed and understood that while any streets, alleys or avenues arc lighted with gas at the expense of such cltv, no greater sum shall be charged per post than is now charged. "The said company, party of the second part, also agrees that In all cases whero it shall cause excavations or trenches to be made in any street, alley, avenue or public grounds in said city, for the purpose of extending or repairing any of its pipes . or main?, or other lawful purpose, it will fill the same as early as practicable and restore such street, alley, avenue or public place to as good condition for travel as it was before such excavation was made, and in case of failure so to do, the said clt3 by Its proper officers and employes', may proceed to restore any such place to its former condition, In which case said company shall be liable to the said city for the reasonable cost thereof. LIABLE FOR DAMAGES. "And the said company shall be liable for any damages to any person or property resulting from any neglect or fault of any of its officers, agents, servants or employes1; and should said city be sued therefor, said company shall be notified of such suit, and thereupon it shall be the duty of said company to defend the same; and should a Judgment be recovered against the said city on account of the negligence of said company, its agents, servants or employes, the city shall recover the amount thereof with all costs from the said company, and the record of such Judgment against the city shall be final and conclusive evidence in the case, it being tho agreement cf the parties that said company shall save said city harmless from tho payment of any damages on account of or growing Out of its use of any of the streets, alleys, avenues or public grounds of said city in the laying, extending or repairing of any of it lines of plpea or mains, or otherwise. "This contract shall be in full force and effect upon its approval and ratification by the Common Council of said city, by an ordinance duly passed, and upon the repeal by said Council, in proper form, of the ordinance hereinbefore referred to, entitled 'An ordinance regulating the distribution and consumption of artificial gas; fixing the price thereof and matters connected therewith; prescribing a penalty, and fixing a tlmo when the same shall take effect,' passed Aug. 2. 1S57. "Upon the taking effect of this contract, the case hereinbefore mentioned, of the Indianapolis Gas Company vs. city of Indianapolis, shall be dlpmWed at the costs of the plaintiffs, and all rights of action against the plaintiff upon the injunction bond therein be released and discharged." Soldiers Celebration, Fourth of July. The executlce committee of the Union Soldiers and Sailors' Mutual League has almost completed arrangements for the celebration of the Fourth of July at Garfield Park. It Is the Intention of the committee to have the people assemble early at the park and enjoy an all-day family reunion and picnic. There will be an open-air concert from 9 o'clock In the morning until the noon hour. In the afternoon the Declaration of Independence will be read by Maj. Harold C. Megrew. Quartermaster General Richardson, who has charge of the military display, In making arrangements for a parade of the two Indianapolis companies and Battery A, mounted. The battery will appear with four cannon and two Oatling gun in the parade, and will later give a mounted exhibition drill at the nark. This will be the first tlnvi Battery A has appeared in public mounted since Its return from Porto Hlco. it is expected also that General McKee and his staff will review the parade. Admission to the park will be free. Dr. Homer I. Jones, under the direction of the Red Cross Society, will care for the sick on the grounds. P. G. Jordan, who is chairman of the finance cemmittee. will receive contributions from citizens with-which to defray the expenses of the celebration. Target Shooting: Scores. .The following scores were made at tho Sou.'h Meridian-street Shooting Park last week by the members of the Indianapolis Shoot.ng Association: Ten ihots. 200 yards, possible 2"i: Bretr, Hooges. 201; Men. 1: Hook. 191: Eckel, I'jl; Dauch, r; Mack. 16; Pomeroy, Eberhardt. 1; Zapf, 1S; Hupp. 172; Kuatzer. 167; Hkttner, The standing in the continuous match to date is as follows: Bretz. 2.017: Pomerov, l.tM; Knarzer. 1.1: Ungerer. l..5; Merz, I. S01: Dauch. 1.8S0; Hodges. l.fclS; Jfcipf. l.2; Uupp, 1.721; Kleine. 1.6T4: Hook, l.tfl: Eberhardt. 1.301. Biettner. 1.2J3; Eckel, 1,125. The Oneida Ileorjtnnlsed. Tho OneiJa Bowling Club has reorganized with the following members: O. W. Williams, president; M. C. Knox, vice president; W. II. Schlake, secretary and treasurer; W. G. Klmmel, captain; Cliff Allen, assistant captain: Fred W. Gielow. Charles II. Cooper. Ferd Kaths. A. G. Eyles. Webb Jay. II. II. Good, J. W. Hopkins, J. A. Uu-

chanan. E. C. Relck. Fred Zwicker, Maurice O'Connor. George 11. Dunmeyer, T. D. Olin, F. B. Brown.

DR. BRRYTON'S RETURN. Better to Keep Students in Vnlpuralio than Have Them .Scatter. Dr. A. W. Brayton returned last night from his tour of Inspection of the smallpox cases in Valparaiso and Shipshewana. Dr. Brayton said he and Dr. Spalding, chief medical inspector of the Department of Health of Chicago, went to ValapraL'O on the same train, but neither knew the other. "We went with-. Dr. Letherman, county health officer, to the boarding houses," said Dr. Brayton. "But few of the students in the college live in the town or with the people, but the boarding houses are In the section known as "College Hill." A man named Cooper came thero from Mississippi on March 23 and broke out with the disease on April 10. The other students who have it or have had it are Hussey, Hunter, Crane, Balrd, Lytle, Yoder, Miss Moore and Miss Welcome. These are all students, and but one case has developed outside the school, and that was a boy named George Files, who worked around tho boarding houses, lie was sent to the county poor farm and was there while elck. Lytle went to his home at Strawtown and Yoder went to his home at Shipshewana and gave it to all his family. After we had seen all the cases Dr. Spalding asked me what I thought and I said every cate was smallpox, in my opinion. Dr. Spalding said the only wonder to him was that there had been no deaths. Dr. Spalding attended school there, had kindly feelings for the institution and was a boyhood friend of Dr. Letherman. The first diagnosis of the disease as smallpox was by Dr. Short, of Lagrange, who was called to see Yoder when he was first taken home. Professor Kinsey co-operated with us in every way and has established a hospital, which is isolated from the other buildings. The spring term closed June 3 and many of the students have gone to their homes. About 2.000 are attending the summer term. Nothing was to be gained by a quarantine of the town, and I did what I could to allay fears and prevent anything like a panic. Dr. Klnsey suspected the dlseafe was smallpox, as he goes to the rooms of all sick students and had noticed a few days ago that only those were taken sick who had never been vaccinated. He first became suspicious on June 8. when five cases developed. 1 gave explicit directions as to fumigating the rooms, and Dr. Letherman and Dr. Beers, city health officer, are in earnest and will do all in their power to prevent any further spread of the disease. "There is no necessity of becoming alarmed over it. as the disease is mild, although full marked and developed. The eruptions in every case were on the palms of the hands and the bottom of the feet, which Is seldom, if ever, the case in chlckenpox.' There is no question in the world as to the disease. It is better to have the school in session and keep the students there than to have them spread all ove? the country. Those who were sick were cared for by other students and all have been exposed. They are vaccinating generally now and fully carrying out all orders. At Shipshewana I found one case that was as bad as any we have had here, that of Albert Yoder. II la a very sick man. but Dr. Short is caring for him and he deserves great credit for at once recognizing the disease. As soon as Dr. Short was called he ordered the family quarantined, so there has beer no exposure there. Simon Yoder was the student who had it first. When he went home his sisters. Edna, aged eighteen, and Ida. 'aged fifteen, his brother Albert, aged twenty-eight, and who was married about six weeks ago, and his wife, all caught it and are sick now. The bouse is. not only guarded day and night, but the street It cut off by wires and no one has been exposed. The only other place Yoder went was to his sister's, a Mrs. Elizabeth Byler, who lives a block away. She and her three children, aged eight, six and four years, now have it. but the same precautions have been taken at their house. Simon Ycder Is row in the country near Shipshewana." Dr. Brayton thought it was entirely unnecessary to quarantine Shipshewana. and so reported to the State Board of Health. These were the cases that Dr. Freeman, of Valparaiso, insisted were chlckenpox. The Shlpshe-vana authorities and people are wide awake to the necessity for taking precautions and vaccination has been very general. In the vicinity are a number of Ammlsh, who refuse to be vaccinated. Dr. Hurty yesterday afternoon telegraphed orders to raise the quarantine against Shipshewana, and it was believed this action was at once taken. Dr. Letherman telegraphed from Valparaiso that every order had been complied with. .' ' REFUSED THEM MONEY. The Wife and Little Son Pleaded vrltb Keniphfer at Police Station. Charles R. Kemphf-r, 20 North East street, a painter in tho employ of the Big Four Railroad, was arrested last night by Patrolman Hlte and charged with assault and battery. Kemphfer quarreled with his wife and assaulted her because she reproved him for drinking-. A brother-in-law, who was with Kemphfer, Interfered and was also assaulted. Mr?. Kemphfer, who was at' the station last night, said she called upon the foreman to ascertain whether or not her husband had been paid, and was told that he had been. She said the foreman also told her that Kemphfer had told him he was going on a "h of a drunk." The woman's object In golne to the police, station was to secure money to keep herself and little bo'y over Sunday. Kemphfer had J7 In the hands of the turnkey and refused in a surly manner to allow any of It to bo given to his wife. Mrs. Kemphfer then pleaded with him, and she was gruffly turned aside with the remark: "No. I won't give you a d cent." Kemphfer's little son, about el,ght vears of age, then appealed to the father and a?ked him to give his mother money that she might have something to cat. The little fellow, with tears in his eyes, had no effect on the man, and the two left, wondering how they were going to get along. Mrs. Kemphfer. a pleasant-looking little woman, said she had often been ill treated by her husband, and had made no complaint. This time he was caught in the act. She says she will sue for a divorce. MARRIED SOON AFTER. Lena. V. Keltner Hid Secured a Divorce Yesterday Mornlnc Lena V. Keltner, a good-looking young woman of twenty-five, got rid of pne husband yesterday morning and found a new one before the day was over. Mrs. Keltner's divorce suit was one of the first to come up before Judge Leathers, of the Superior Court, yesterday morning. She was suing Samuel C. Keltner, to whom she was married a few years ago at Anderson. The plaintiff was stylishly attired and appeared very modest as the told her story of domestic unhapplness. She said her husband's habits were not to her taste and he was so dissipated that he was unable to support her In the way she wanted to live. The money that she should have had, she said, be Epent on himself. Keltner was not in court am! the f uit was not resisted. Within three hours after tho divorce hai been granted Mrs. Keltner's name appeared on the marriage record in the county clerk's oflloe. Opposite her name was that of Peter F. Warner who, one of her relatives said, was a railway postal clerk. Across the marriage license these words were written: "Please don't publish for a few days." Mrs. Keltner, in telling the court of her troubles, said that after, she left her husband she worked for several months In a Washington-street cloak store. Child Swallowed Laudanum. Lorretta Tompkins, tho two-year-old granddaughter of Mrs. Charles Nichols, No. 936 East Washington street, came near dying yesterday morning as the result of drinking laudanum. Mrs. Nichols had given the child some medicine, and a short time after noticed the little one acting strangely. Dr. Stocker and Dr. Berry were called and succeeded in saving the child. The girl In some manner Rot hold of the bottle containing the laudanum and swallowed It, thinking it was medicine such as her grandmother gave her. The empty bottle was found in the room. English Idea of America. The State Board of Health yesterday received a letter from a firm of English solicitors In Locdon asking for the record of the death of Maurice Coddlngton. The firm -evidently little appreciates the distances In this country, as the only information they can give concerning him is that he enlisted In the United States army at Jefferson. Mo., In 16. He was heard of a short time after that date and was then very sick. ' Why Indiana, should be appealed to li a mystery.

SUNDAY BALL PASSED BY

GRAND JURY FAILED TO RETURN IXDICT3IEXTS, AS EXPECTED. No Witness Seeraed to Know to Whom He Paid Ills Admission Fee. The county grand Jury concluded its June session yesterday and made a final report to the Criminal Court. Most of the Indictments returned were for minor offenses. In making its report the jury failed to refer to its investigation of charges against ball players who took part in Sunday games. A good many people were surprised that the Jury should Ignore this matter in the report, since Judge Alford was so positive in his instructions on this point. It is known that the Jury made an Investigation of the charges against Sunday players. More than a dozen business and professional men were called in to tell what they knew of Sunday games. It is stated that the investigation was started by Rev. R. V. Hunter, who presented a list of names to Prosecuting Attorney Pugh. All of the men whose names were on this list were subpoenaed to appear before the Jury and most of them responded. President Golt, of the Indianapolis ball club, was before the Jury during lt3 session, but it is not known whether he was asked about Sunday baseball or was called in another case. The greater part of the investigation was conducted by Prosecutor Pugh. One member of the grand jury, when asked yesterday why the ball players had not been indicted, replied, "How could we indict them when there was riot sufficient evidence to warrant us In doing so?" The Juror went on to ex plain that the witnesses called appeared to be wonderfully Ignorant as to one point. They all testified that they had attended Sunday games and had paid an admission fee and had seen other people pay a fee, but none of them knew who received the fe. The jurors appeared to feel that this was the vital point in the case. The gossip about the Criminal Court yesterday concerning the action of the Jury Indicated that an air of indifference prevailed among the jurors, they being of opinion that if there had been violations of the law it was the duty of the police department to act. Indictments were returned against Thomas Powell, charged with incest: Elijah Powell, assault and battery: William Walters, assault and battery: John Burns and Martin O'Day, burglary and petit larceny: Thomas Hughes, burglary, petit larceny and receiving stolen goods. The jury recommended that the following prisoners be discharged for lack of evidence to Indict: Mabel Duffy, forgery: Samuel Owens, perjury; Mat Gaton, robbery; Charles G. Ludwig, receiving stolen goods; Kitty Evans, grand larceny; Mabel Lane, grand larceny; Ethel Worrell, receiving stolen goods: Everett Smith, false pretenses; George Miller, petit larceny; James Maiden, petit larceny. V 1 THE SUIT AGAINST L. A PORTE. Bill Filed In Chancery by the Gamewell People. The suit of tho Gamewell Fire Alarm Telegraph Company, of New York, against the city of Laporte was filed In the United States Court yesterday. The petition, which is one in chancery, states that July 16, 1S90. the company made a proposal to the city to put in a complete system of fire alarm telegraph for $3,500 and the proposition was accepted. The system was put In after an opinion had been given by the city attorney that the City Council had the right to order the improvement made, as there was money in the treasury more than sufficient to pay the bill. The system was guaranteed for two years, and when the time arrived for payment the city refused to settle the bill on the grounds that the debt limit had beer, exceeded. Suit in the Circuit Court .followed, and judgment was rendered in favor of the company-,' but the Supreme Court held the contract to be null and void, because the city had exceeded the constitutional debt limit. The petition states that tne company relied on the opinion of the city attorney and gave full possession of the plant to the city, but that every proposition for settlement or adjustment of the differences has been Ignored, evaded or rejected by the city. On Feb. 23. 198, the company decided to secure possession of the plant and made a demand in accordance with its decision on the city, but by reason of the absence of the company's attorney, Capt. J. B. Curtis, who was in United States service during the war, the demand was not mshed. The company claims that the city ias never acquired possession of the system, never having paid for It, and it has been in use through the courtesy of the company only. The value of the plant to the city is estimated at $600 a year, and the city is asked to pay that sum in rental. The petition further asks that the city be enjoined from using the. system; that an accounting be ordered for the past use of the system; that the city be held to have acted in the capacity of trustee only so far as the system is concerned and never to have acquired possession of it; that the city be required to Klve possession of the system to the plaintiff, and that the city be forever enjoined from any future interference with the company or any of its agents or representatives. ATTORNEY FEES ALLOWED. Court Flxen ?50 for Those In a Divorce Cane. Judge Leathers, of , Room 2, Superior Court, yesterday allowed the firm of Harding & Uovey $500 attorneys fees for prosecuting the divorce suit of Laura De Rulter against Derk De Rulter. In granting the divorce, the court awarded Mrs. Do Rulter $l,00n alimony which, with the attorney's fees, Is to be paid out of the sale of property which De Rulter transferred to his daughter. It is understood that De Rulter's attorneys will appeal to the Supreme Court. In Room 2, Jameson & Joss were allowed $1,800 for services in two lawsuits brought against the Mutual Life Insurance Company. Powell and HU Stepdaughter. The attorney for Thomas Powell, one of the men indicted by the grand Jury yesterday, endeavored to secure the release of his client by filing a plea In abatement. Powell was arrested on account of his alleged unnatural conduct toward his stepdaughter, Jennie Thomas. His attorney charged that the indictment against him was void, because he was indicted on his own evidence and because he was an unwilling witness against himself. Judge Alford declined to sustain the attorney in his contention. I,., E. Jt St. L New Coal Can. Judge Woods yesterday authorized the Louisville, Evansvllle & St. Louis Railroad Company to purchase 500 coal cars, each car o have a capacity of 90.000 pounds. The cost will be &ZW.0W. He also authorized V. T Malott. as rcdver for the Terre Haute & Indianapolis Railroad Company, to pay the semi-annual interest on existing mortgage Indebtedness, which will be due July 1 and which will amount to J62.500. Divorced from Joseph nallard. In the Superior Court yesterday Mary E. Ballard was granted a divorce from Joseph Ballard. Tho latter is a colored physician of this city. Free Park Concerts. The Commercial Club's committee on public amusements, consisting of Thomas I Sullivan, chairman; George W. Blls3, James L. Keach and Henry Jameson, met yesterday for the consideration of the matter of open-air concerts in the parks. It was determined that they should be given again this year. This work was undertaken by the club three years ago. The concerts cot $. each and are Riven alternately in Garfield Park and Military Park. The evenings on whlcn they will be given have not yet been determined, but no concert will be given on Saturday evening. It is proposed to raise by subscriptions of $15 each a fund of ll.rrti. This will enable the committee to give thirty concerts. Subscriptions should be sent to the club's secretaryMMVHMMmBMBmHSSSSSMBSBBSW Heat Ills Wife with a Revolver. As Bicycle Police Lancaster and Strelt were making their way to the show grounds last evening they heard cries of "Send for the police! Help! 'Murder! My dauchte. Is shot!" They followed the woman, Sara? Collins, to 335 West Market street, and there found Mrs. John Poe with a largo gash ia

her head. Her husband. John Poe, had struck her on the head with the butt end of a revolver. Poe was arrested and charged with assault and battery upon his wife. He said that when he came home he found his wife Intoxicated and no supner ready. They quarreled, he says, and Mrs. Toe ran to her mother's house, after declaring: she would kill her husband, and returned with tho revolver, which he took from her arid then beat her over the head with it. PASSING OF THE CIRCUS.

Travelingr 3Ien Well Satisfied trlth the Wallace Shorn. Members of the Commercial Travelers' Club were congratulating themselves last night on the success of the venture in bringing to Indianapolis the Wallace shows. The combined show, the parade of the travelers and the Wallace aggregation, appeared on the streets yesterday morning Just to show who they were. In the afternoon and evening the Wallace people showed what they could do, much to the amusement of two large audiences. Owing to the usual heavy Saturday business, the afternoon performance was not so largely attended as was the later one. Aside from the animals, which all enjoy seeing, the most attractive features of the show were the Stlrk family, bicyclists, and the famous Nelsons, acrobats and tumblers. The acts of the Stlrks are principally of the daring order, and elicited much applause. The Nelson family, nine in number, have a number of acts showing skill and daring. The younger members of the Jamlly seem to greatly enJoy the work. Their act, where the three men lie on their backs and pass the younger three back and forth on their feet while individually performing various difficult feats. was a feature worth seeing. The tricks of Eddie Pinaud, the tramp bicyclist, was also interesting. The show closed w4th the hippodrome, consisting of eleven events. Tho Commercial Travelers' Club did not succeed last night in making a complete accounting of their share of the receipts of the show, but believe it will net them about $l,fM. They were to receive one-half of the receipts of the main show. Tickets were on sale at various places throughout the city, and these have not yet been accounted for. TraTeIer Accident Association. The Commercial Travelers' Accident Association at a meeting here yesterday elected the following officers: President Robert R, Waldeh. Vice President John A. Dugan. Secretary-Treasurer Carey McPherson. Directors Jefferson Taylor, Joseph H. Stubbs and Walter Nlcols. The association showed a gain of 237 members in the last year. THE STRIKE AVERTED. Playing: Card Trust Grants the Electrotypers Demands. The general strike of employes of the factories of the United States Card Company's factories which it was expected the International Typographical Union would order at the request of the members of the Cincinnati Typographical Union, was averted yesterday morning by the complete surrender of the managers of the card trust. President Donnelly left the city for Cincinnati yesterday morning at 4 o'clock and saw the managers of the card company on his arrival. Within a short time he had presented the case In euch a manner that the company decided not to risk a general strike and agreed to all the demands by the striking electrotypers. Hereafter the union will be recognized and the regular union scale will be paid. It is again reported that the Indianapolis plant of the United States Playing Card Company will be moved to Cincinnati, but the rumor is not corroborated by the local officers of the company. Tho plant employs 250 men and women. LOUISVILLE GOLFERS DEFEATED They Had "Won Three Preceding Games from Indianapolis. The golf contest between the Louisville, and Country Club played yesterday afternoon was enjoyed by a large crowd of enthusiasts. This was the fourth team match In which the two clubs participated and was won by Indianapolis. The other, three games wero won by Louisville. The playing was as follows: Houston beat Burford 1 up; Milliard beat Catterson 4 up; Phillips beat Boice 8 up; Sharpe beat Allen 4 up; Milliken beat Carrington 8 up; Perry beat Ke-lk 7 up. The result was Louisville 13 up, and the Country Club 19 up. the latter winning by 6 up. The following individual scores were made during the afternoon: Houston, 93; Burford, 103; Alien, 135; Sharrta. 107; Phillips, 102; Boice, 113; Kelk, 121; Pdrry, 10S. A SWORD FOR LAWT0N. Bass Post, of Fort Wayne, Has Inl tinted a Movement. Sion S. Bass Post, G. A. R., of Fort Wayne, has initiated a movement to present a sword to General Lawton, who Is a member of the post. The White National Bank, of Fort Wayne, is designated as the depository for subscriptions. In a letter to Col. I. N. Walker, who was a schoolmate of General Lawton's, at Fort Wayne, I. N. Medsker, the secretary of the post, says the movement Js not only for members of the G. A. R., but also for anyone in Indiana who wants to assist in honoring the great Indiana general. A copy of the resolution adopted in honor of General Lawton at the Terre Haute encampment of the G. A. R. has been sent to him In a tin case. COURSE OF A BOWLDER. Through One Train Window and Ont Another Further Rack. There was a peculiar mishap on the Big Four train which arrived here from the East at 10:33 last night in charge of Conductor Mansen. When between Farmland and Parker City some person threw a bowlder through one of the car windows, shattering it and barely missing the head of one of the passengers, who was covered with broken glass. The train was running at such a high speed that while the stone passed out of a window on the opposite Fide, the exit was four windows to the rear. Three passengers rode past the stone, and the one sitting by the window through which it went out was not grazed. 3Ir. Schmld Returns from Evansvllle. Labor Commissioner Schmld returned yesterday from Evansvllle, where he has been trying to adjust the differences between the miners and operators. He says the air is full of startling rumors regarding the importation of men, etc., but all prove groundless. He does not believe there will be further trouble. Tho two plans for ending the trouble ire to have the differences arbitrated at an announced meetlr.g of the Board of Trades Council, the Board of Trade and representatives of miners and operators, the meeting to be held at Evansvllle, or to have a state board of arbitration, to consist of the labor commissioners, the Judge of the Circuit Court who has Jurisdiction over the mining districts, and representatives of both miners and operators. The point at issue is not the payment of certain wage, but whether or not the operators will take the strikers back as union men. Experts In Recorder Ofllce. Experts Bookwalter and McCaslln, who are examining the records of the different county offlces, expect to complete their work in the recorder's office this week. The experts started with the term of Maurice Donnelly, which began on Nov. 17, 1S93. They have completed Mr. Donnelly's term, and yesterday were working in the second year of Mr. Shilling's term. The experts say they have been given to understand that they are to continue along the line originally mapped out by the County Commissioners. This will include an investigation of the auditor's and treasurer's office, after tho work in the recorder's office has been completed. F. CI. Campbell's Place In Chlcajro. Frederick G. Campbell, summons clerk in the county sheriff's office, was yesterday notified that his place as deputy clerk in the United States Court of Appeals at Chicago, to which he was appointed several months ago. was ready for him. He was instructed to report for duty about July 1. He will begin his work at a salary of J1.800 a year.

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SPECIAL OFFER-To all who vrrltr us, mentioning this paper, we aenei, postpaid, a hook contlnlns: portraits nnd Indorsements of KMPKRORS, KMTRESS, rnnCCS, CARDINALS, AUCIIDISIIOPS and other dtatlnsalahed peronages. SOLD BY DRUGGISTS EVERYWHERE. AVOID SUESTITUTES. BEWARE OP IMITATIONS. MARIANA & CO 52 WEST 15TII STRECT, NEW YORK. Pari 11 Boulevard Htuumann; London 33 Mortimer Street. Montreal: St. Jaraea Street.

TRUNKS

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Bee Hive Trunk Factory. irewotis A clean, new stock of the latest nov elties in fireworks at anti-trust prices. A limited amount of fire crackers, three bunches for 5c. See us before you buy W. H. ROLL'S SONS, 203 E. Waahlngton St. THE CORPORATIONS. Values Fixed by the Donrd of RevlYesterday The County Board of Review adjourned at noon yBterdar until Monday. Several corroratiom were assessed during the morning. Members of the board say they ars having leti trouble than uiual this year in fixing values satisfactory to thos who appear before tha board. Thua far there has been little contention as to the atrount of the assessments. Following Is the result of yesterday's work: Indpls. Warehouse Co $21,000 21,000 IndDls. Garment Co 1.7 1.000 lndnls. Printing Co 2.S00 2,800 Junjclaus. W. P. Co 17.500 17.500 E. T. Kinney Co 26.820 25.W0 Indpls. Planing- Mill Co 3.750 . 3.750 Indpls. Trunk Co 2.500 2,600 Indpls. Paint and Color Co 25.000 22.000 Indpls. Varnish Co zo.ww zu.wu Induls. Wood Ornament and. Re fir. Co 2.000 2.000 Jrser Bulletin Co 1.S0O Indpls. Street-cleaning Co 2.500 2,600 Kinyan Provision Co 5.000 New Indpls. Journal Newspaper Co.. 25.000 35.00 Indpls. Sentinel Co 23.5") 2Z.bO) Indiana Bond Co 2,500 2,500 Indpls. Live Stock Journal Pub. Co .ono .m Indpls. Bock and Stationery Co. 25,365 25.075 Consolidated Coal and Lime Co. 11.280 10.300 EU Lilly & Co 123.000 100.000 Kennedy Mfg. Co 2,215 New Indpls. Mercantile and Trust Co ' 100 75 Indpls. Ivmnm Co 4.&C 4.550 Kipp Bros. Co ?0. 000 M.n00 Indpls. Water Co 1.3M.0OO 1.274.365 Mfrs.' Nat. Gas Co 2.125 G0.000 Island Coal Co 600 500 1m A. Klnsey & Co 22,3:0 22.S30 A. Klefer Drug Co 12S.920 111.110 A. Jordan Co 30,000 30,000 Told Illm He Blight Go. James Allen, . 2020 Martlndale avenue, charged with assault and battery, and his wife, charged with assault with Intent to Hill, were arrested last night. Allen went home and found in his mail a notice stating that he would be sued if the rent was not paid. He called his wife's attention to the matter and trouble arose. Allen said that If she did not come home and take care of their child, do his cooking, and darn his socks and sew on his buttons instead of working for other people and spending her money while he paid the rent, they would have to separate. She then got a revolver and told him she thought he'd better go. She fired three shots at him. none taking effect. He ran, and the argument was continued after he got outside. He then went back for his bicycle and she refused to allow him to take it. Again, as he was leaving, she fired once more at him. The Grocers Picnic. The annual picnic given by the Retail Grocers Association will be held at the state fair grounds next Wednesday. The members of the association, all of whom live in Indianapolis, have spared neither pains nor expense to make the affair a success. Prizes amounting In value to $1,000 will be given to the winners of the various events, consisting of bicycle races, horse races, foot races, etc. A popular feature will be the ladles' guessing contests. There will also bo foot races for ladles and children. Quito a number of the grocers have entered their fast horres for tho two races arranged for them and some of the fastest bicycle riders in the city will participate in the six races scheduled to come off on that day. Another feature will be the running races. No intoxicating liquors will be sold on the ground and no charge will be made for the grand stand. Incorporated. The Rej?:al .Chemical Company, of Elkhart, was yesterday incorporated with a capital stock of J1.5CO. The company will make perfunies, extracts, toilet soaps, etc. There is no argument so good as an absolute, plain, truthful statement of fact. There is nothing so interesting as fact. In the true happenings in the everyday life of e very-day people are materials for most thrilling novels. There are every day stories of heroism, suffering and the final triumph of good over evil of nappiness finally crowning endeavor. Here is a case in point : In the county of Escambia in Alabama Is the little town of Flomaton and there lives Mrs. Mollie Grimes. Slae was a good wife and mother but several years ago she found her health slipping away from her. She realized that this meant the inevitable nervousness and Irritability that would surely lose for her the affection of her children and husband, and that as her health declined discord and misery would appear in her home. She was filled with the loving motherly instinct, but two miscarriages in succession almost broke her heart. She had almost lost hope when the clouds rolled away and the light of health and happiness returned. She tells her story in these words : "I was almost heart-broken to think I could not raise any more children and had to suffer as I did. I had lost two children by miscarriages ana i imiy expecxea to lose another when, in Aurust 1S97, 1 learned of and began taking Dr. Tierce's Favorite Prescription and took it until after baby was born in November. With my other children I had suffered everything that flesh could suffer but this time I was in perfect health and had a very easy time. X was in labor only a short time. I cannot praise Dr. Pierce's medicines enough for I believe they certainly saved my baby's life end maybe my own life as weft. I took the Favor ite Prescription and alo the Tleaaant PcUeta.' tt Pleauat relicts ' act like a caana."

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Rapatrlncf AMLSC3IENTS. ANNUAL PICNIC Retail Grocers" Associatioi ATSTATE FAIR GROUNDS Wednesday, June 28 25 Free Contests -150 Prices English Jockey Races Bicycle Jteces Foot Races Horse Races Quessic; Matches for Ladies, etc., etc Dancing Afternoon and Evening Union Br5S Band and Fruends' Orchestra Prizes on Exhibition -IXKahn Tailoring Co.'s Windows ADMISSION 25 cents. Grand stand free. Children under ten years, Accompanied by guardian, admitted free. BASE BALL INDIANAPOLIS ys, DETROIT SUNDAY..... Monday and Tuesday Games called at 4 o'clock. CTSunday at 3 o'clock. S13I3IEH IIE30RTS. THE FKlIWfK SANITARIUM, ALMA, MICHIGAN. The Ideal resort for Heat and Health. Unexcelled location; Invigorating treexes of the pin woods and Great Lakes. Fully appointed and luxuriously furnished. Perfect cuisine. Two raluabla and distinct mineral water. Illustrated book free. Address The Alma. Sanitarium, Alma, Mich. SUMMER RESORTS ON LONG ISLAND Dy the ocean on the south shore, or the sound on the wooded north shore. Fend 6c In stamps for Lon? Island." an Illustrated descriptive book: 4o for "Bummer Homes." a book describing hotels and boarding houses on Iong isiana; oc xor "Unique Long Island," an art work of photographic reproductions, and 2c for "Cyclists' Paradise," maps, routes, etc. , 11. M. Smith, Traffic Manager. LONG ISLAND It. It.. LONG ISLAND CITY, N. T. DO YOU DESCHC A -. "7 FOR A FEW DAYS? "WHY NOT GO to the Delightful Shade of the wooded cliff and dells o! Itock Hirer, and drink the cool, refreshing Mineral Watt77 For loll Information addreaa MANAGER GARLAND CELLS, WAV CLAN O, IND. 3 If you want a cheap camera or an expensive one, we have them. A Good Camera for $1.25 We sell all kinds of cameras, and ju&t as cheap as any one else. 4x5 Trays 10c 4x5 Printing Frames 15c Card Mounts lecach Rex Taper, per sheet 1 c Amateur finishing cheapest and best. Use our dark room free. H. HOUGH k CO. SUAL5, STCNCILS. STAMPS. SEALS7Q ICILSSTAnrji rjjfoTII.OS&. 15 SLMini D LAN ST. foo'JTQ fUo! OFTICLAJia. saws am) st ill srrrLic. E. C. ATKINS & CO. Manufacturers and Repairer of all kiuds of Clike cod Factory, 5oath tai Illinois Streets Indlaunpolla. Ind. d A IA7C BELTlNCi nod & A W 23 EMEUY WHEELS SPECIALTIES OF W. B. Barry Saw and Supply Co JSJ S. FJCNN. 8T. All kinds of Saws repair.