Indianapolis Journal, Volume 49, Number 280, Indianapolis, Marion County, 7 October 1899 — Page 3

TIIE INDIANAPOLIS JOURNAL, SATURDAY, OCTOBER 7, 1899.

:Nev York Store Established 153.

Sole Agent for IlnttrrlcU Patterns. Saturday Specials In the Great Sale 1.000 Umbrella Plants, 2 to i feet high, and very busby, at tbe very low . price of 1C 2.00j yds, of Columbia Torchon laces, good quality, from 2 to 4 In. A n wide Fancy neck ribbon?. In stripes An and satin?, with crown edge.. 100 piece 3i-tn. Dre.- Cambrics In Blue. Red and Pdack Grounds, with white figures .and stripes. All new j designs u4Remnants of 42-In. Pleached Qj-, Pillow Casing, a yd 02L Ladles fahcy, striped, full, rcgularir.ade Cotton Hose, .with dou- Q , b:e heels and toes Indies' unlaundered. all-linen. Irish hand-embroidered initial handkerchief. Almost every Ini- JQc Special In Candy to-day, at a tOl'r pound. 1 2 Pettis Dry Goods Co Drugs First Quality POPULAR PRICES. Huder's Drugstore - ".Washington and Pennsylvania Sts. CyOpen all Night."-' amusements; Emails) 'The Spider. and the Fir. M. B. Leavitt's "The Spider and the Fly" was put on at English's Iat night for a large and tolerant audience. .The show has been on the road since t e colonial days and it - has- not Improved v 1th age. The scenery is faded and Incomplete. The show Ls really, only an excuse for specialties of a class not as high us those usually seen at the Empire. There was gome good stuff In tho piece, however, and the audience was In a frame of mind to appreciate It. There are 'some men who are. afraid 'to be seen golngr to the Empire, but are privileged to attend similar performances Klven at a "recognized" theater, and those of this class that were at English's last night enjoyed the "burlesque girls." It Is to be hoped. All through It was a mild show. Kthel Thornton was applauded for her dancing and singing and banjo playing. The "head comedian" worked some bright Dewey gags and got the laughter of the generous audience. He was billed as J. T. McEnery. but that Is not his name. McEnery is back on Broadway reviling Leavitt in the New York Morning Telegraph. Neither Is Jack Ieando with the show, though he wa.s also billed. He, too, is on the Itialto telling tales to dramatic reporters that will listen to him. McEnery left the show at Altoona, Pa., and Leavitt had him arrested on a charge of stealing: costumes. McEnery had Leavitt arrested on the charge of perjury. Nothing came of ; either case. McEnery Bald in thr Morning Telegraph that he left the show because he saw that "by working hard and eating noth ing he would get back to New York owing Leavitt only a few thousand dollars." He said the chorus girls were doing plain sewing in the daytime to keep out of debt to Leavitt. A week's fines amounted to more than a week's salary, according to McEnery. Jeando told much the Fame harrowing tale. Iavltt said last night that "it was all a He and the result of spite held against him by Leander Richardson, of the Telegraph, a well-known dramatic writer. Leavitt added that he hart discharged both McEnery and. Lcando. Whatever the truth may be. the chorus girls worked hard for their living last night, and the substitute comedian spared not his energy to amuso the. good-natured ' audience. Johnson Dnne' Guitar Recital. Mr. Johnson Bane, of Pittsburg, gave a guitar recital last evening at Plymouth Church, assisted by MIfs Clarrisa Kathryn Koons 'and Miss Shirley Schumacher. Mr. Bane's ability meitted a much larger . house. His pieces were artistically rendered and gave evidence of technical skill, although much of this was made necessary by the antiquated tuning (the Spanish) to which Mr. Bane seems to cling with an inexplicable tenacity. It limited his otherwise meritorious performance in that it made a chromatic progression, except In octaves, almost impossible. The absence of the popular classics, with two exceptions, and these were supported on the piano by Miss acnuraacner. Dears' out tnis assertion. Ferd Inand 8'or. who to the guitar is what Men-

V. Inand delss TCCita

eissonn is 10 inc piano, m nis European ?Citals used tnft standard tuning siiy. In this he has been supported by . t . . . . . Lurruii ana an me eminent guitarists sinca Ms time and the best players of to-day. : Nine out of the eleven numbers Mr. Bane gave were original pieces or original arrangements and stamp him as a composer? above the ordinary and were well received. He excelled in the alternating tremolo, octave and arpeggios. The soprano solos given by Miss Koons were sung with exquisite feeling and mer- - lted the encores she received. "My Rosary," which Miss Koons sang in response to her first encore, left such a fervid, religious Impression that Mr. Bane experienced some difficulty in the first number of the suite which followed !n overcoming. Miss Schumaker played the accompaniments In her usual artistic manner. The programme was as follows: (a) Overture Bane lb) Valse Brllllante p,anj (c) Serenade Bane Mr. Johnson Bane. Soprano Solo "Sunshine Song" Gorlng-Thomas Miss Koons. (a) Torpourl , Bane (b) Nocturne Bane (c) Southern Fancies Bane Mr. Johnson Bane. Guitar and piano duet. fa) Nocturne Op. 9. No. 2.. Chopin b) Spanish Dance No. 2 Mozkowskl Mr. Johnson Bane. Miss Shirly Schumackcr. Soprano Solo-(ood Night, Sweet Dreams" Bishop Miss Koons. (a) Mazurka No. 2 Ban (b) Mia Dolcla Gavotte ..: Itano c) March Militalre Bane Mr. Johnson Bane. Julia Marlowe' XeTV' Flay. New York Telegraph. Although it has been many years ago since . we learned to love Barbara Freltchle as the aged woman of Whlttler'a Inspiration, a playwright of ability which cannot be disputed has written for Julia Marlowe a piece In which this romantic character of the rebellion is pictured as a young and beautiful woman. If my memory serves me right, and if McGuffey'a "Third Reader" ls to be considered as an authority in the question at Issue, Barbara Freitchie's had was "bent m with age." or, as Mr. Whittler handed" it to vs: "Shoot, if you must, this old gray head. But spare your country's flag," she said. Mr. Clyde Fitch, however, doubts in every detail the authenticity of . the poet's information. As a matter of fact, he declares unequivocally he does not believe such a person ever existed. He adds he has delved Into all available matter to prove that alleged fct. and as a result of his efforts must conclude the character Is Imaginary. Some may agree with Mr. Fitch that Barbara rreitchie was a myth. If s.i. then It does Indeed seem strange he should have se-K-cted tbe character around which to build a play. If the story of her was purely fiction, why did he not build a pUy of the lebelllon on those lines? In other words why should he have selected a character that he contend was purely mythical and then try to change hf r to make her conform with hki own Ideas of that same person? Barbara Freitrhie was never a. part of our history, but Whittler' poem made her famous, and we yhall never accert her any other way than us the. "woman bent with ge." if Mr. Fitch's play ls a good one It will be accepted on its merit But for Its historical worth I think I can safely predict it might ns well never have been, written. It will add little to our information of the period of which it treats, and I am sure Mis Marlowe, as capable as she U. will never be able to make us accept' her as the iortrayal of the charact-r with the "gray head." .otc or lb? Mtnitf. "Wine. Women and Song", will close tonight at the Empire. Mlaco's City Club will cpen Monday afternoon, t 1th Fannie Ev-

eritt as leader of the burlesques and Adelina Roattlno, In grand opera selection, a a a special feature of the olio. "The Three Musketeers," as admirably prentcd at the Park, is drawing well. The engagement will close with the two performances to-day. Next week will be devoted to farce-comedy at the Park, "Kelly's Kids" being the bill for the tirst half, and "An Easy Mark" for the last half. Both companies are Raid to be made up of clever farce-comedy and vaudeville people. Mls Blanche Rice has been coming up from Cincinnati every day this week for rehearsal with the Grand Stock Company In "Niobe," returning In time to take part In the Pike company's performance of "Incog." Miss Rice i. a mite of a' woman, smaller than Miss Rand. She has done a lot of traveling this week. Both of these ingenues will be in the "Niobe" cast hero next week. Another crowded house saw "East Lynne" at the Grand last night. It will be played for the last time this after

noon and to-night by the stock company. ' Primrose & Dockstader's Big American Minstrels will give performances this afternoon and to-night at English's. This is a rival organization to West's Minstrels, who gave such an excellent performance at English's recently The two companies have met in the same town feveral times this season and violent warfare has almost broken out between them in these instances. It ls Paid the Primrose & Dockstader combination is worthy of the foeman's teei. The press agent says Primrose & Dockstader are "the genii of the minstrel world," and that the scenic and costume equipment is brilliant. PERSONAL AND SOCIETY. Mrs. J. M. Paver is spending a few days in St. Isouis. Mr. Ernest II. Tripp has returned from a visit to Madison. Mr3. Edgar H. Andrews and son Oliver, of Lafayette, are In the city. Senator Beverldge will return to-morrow from his visit to Washington. Miss Mary Foster, of Terre Haute, ls visiting her sister, Mrs. Arba T. Perry. Mrs. Charles Emmett Coffin will return to-day from a visit to Louisville friends. Mrs. John N. Carey and Mrs. William Scott will return Tuesday from the East. Mrs. Abby Watson Ersklne, of Lake Forest, will come soon to visit her aunt, Mrs. Jamej I. Lodge. Mr. Charles F. Bobbins has returned from New York. .He and Mrs. Bobbins will spend most of the winter there. The Appellate Court judges will go to Chicago to attend the banquet given to President McKInley to-night. Mrs. Louis Weslyn Jones will give a theater party to-day for her sister, Mrs. Lucy Fletcher Brown, of California. Mrs. Lyman Haisey has returned from New York, where she. visited her mother and brother, Mr. Howard Kyle. Mr. Frank Van Wle. wno nas oeen visiting his parents in this city, returned last night to his home in New York. Mrs. I G. Millard and Miss Millard have sailed for home earlier than they expected to, and will arrive in New York next week. Mrs. George Tousey and daughter Mera have returned lrom Boston and the seashore, where they have been for several months. Mrs. Lathrcp. of Greensburg, is with Mr. F. L. Mayer's family. Mrs. Mayer and Miss Knippenberg will return to-day from a short visit to Chicago. Mrs. Chauncey Turner has been called to Cincinnati by the death of Mr. Otto Marmet, an old resident of that city, who was the father of Mrs. Austin Smith. Ttre engagement ls announced of Miss Martha Parsons, daughter of Mr. and Mrs. O. R. Parsons, to Dr. William S. Tomlinson. The wedding will take place In November. The first of the autumn series of entertainments of the Ladles' Society of the German House will be a reception and muslcale this afternoon at the club building. Mrs. Henry Severin will sail to-day from Europe for home. Her granddaughter. Miss Alma Bachman. who accompanied her abroad, will remain In Germany to spend a year In study. Miss Christine Cooper, of Shelbyvlllc, Tenn.. daughter of Judge Edward Cooper, who was private secretary to Andrew Johnson, President of the United States, is the guest of Mrs. Daniel A. Chenoweth, of North Delaware street. The .Friday Afternoon Club was entertained yesterday afternoon by Mrs. Armlnda Moore. There was a programme of music, in charge of Miss Pursell. and a dls-, cussion of current events. It was the first meeting of the club for this season. Mn and Mrs. J. M. Dungan gave their annual reception and promenade -concert last evening at their home n Bellefontalne street. A large number of piano pupils tooK part In the programme. Mr. Dung.in has arranged for a series of recitals for the entire season, beginning in November and ending In June. Invitations have been Issued by Mr. and Mrs. Arthur Jordan for the marriage of their daughter Esther Day and Mr. Orlando B. lies, to take place Wednesday evening, Oct. 2G, at 8:30 o'clock at the First Baptist Church, for a reception at the home. No. 3423 North Meridian street, at 9 o'clock and for the at-home after Jan. 1 at No. 311 East Twenty-first street. Mr. Edward L. McKee gave an American Beauty dinner last evening for his cousin, Mrs. Henry C. Taylor, of Columbus. O.. The roses, candles and shades, gracefully arranged, were of the rich rose colors. Th9 guests to meet Mrs. Taylor were Rev. and Mrs. M. L. Haines, Rev. and Mrs. J. A. Milburn, Mr. and Mrs. James I. Ixxlge, Mr. and Mrs. George R. Sullivan, Mr. and Mrs. H. H. Hibben, Mr. and Mrs. Charles Merrill and Mr. and Mrs. Raymond P. Van Camp. 'Mrs. Bruce McDonald Wyllc received informally yesterday afternoon for her guest, Mrs. Suverkrup. of Columbus. Mrs. Suverkrup was Miss Lottie Arwlne. and ner marriage to Mr. Suverkrup took place Wednesday. Mrs. Wylle was assisted yesterday by Miss Emma Henry and Mr. s. I Hadley. Last evening Mr. Arthur C. Newby gave a theater party in honor of Mr. and Mrs. Suverkrup. entertaining Dr. and Mrs. Wylie and Miss Henry, who attended the wedding at Columbus. Mr. and Mrs. Suverkrup will remain until to-morrow. The Woman's Club observed president's day yesterday by holding a reception previous to a luncheon at 2:30 o'clock. The guests were received by Mrs. William I Elder, the president, Mrs. John H. Holllday, vice president, and Mrs. H. A. Edson, chairman of the executive committee. The guests were escorted to the east parlor, where the table was pet for sixty-live. In the form of a large E. It was decorated from end to end with crystal vases of American Beauty rores. and silver candlesticks with candles to match the rosea In color. Fern leaves were also scattered over Its length. After a four-course luncheon, Mrs. Elder presided as toastmlstress. and the following toasts were responded to: "The Wandering Foot." by Mrs. Perry Hall Cliff ord; "Our Girls." Mrs. O. H. Hasselman: "The Value of Advice. Miss Mary Dean: and "Our Municipal Artists." by Miss Mary Rarlden. Tho hostesses for the afternoon were Mrs. Edward T. Hodges. Miss Julia Harrison Moore and Mr?. George G. Tanner, and thev were assisted by Mrs. George C. Illtt. Mrs. A. P. Spruance. Mrs. J. I Ketcham. Mrs. H. H. Hanna and Mrs. J. M. Winters. GOLDEN WEDDING ANNIVERSARY. Special to th? Indianapolis Journal. NEW ALBANY, Ind., Oct. 6. Mr. and Mrs. James A. Wilson to-day celebrated the fiftieth anniversary of their marriage in this city, where they have resided for the past forty years. They were married in Louisville Oct. 6. 1S4D. shortly after Mr. Wilsons return from the Mexican war. Mr. Wilson Is the oldest photographer In the city. ENGLE MAXWELL. Special in the Indianapolis Journal. SULLIVAN, Ind., Oct. 6.-Marvln Engle. son of Mr. and Mrs. Samuel R. Engle. and a prominent young business man of this city, and Miss Acsah Maxwell, daughter of William P. Maxwell, coroner of Sullivan county, were married lat night. The ceremony was performed at the Christian parsonage, Elder Wilson Yocum officiating. CITY NEWS NOTES. The Harper Buggy Company, of Columbia City, yesterday filed an Increase of its capital stock from $30,0un to $oo,(mio. The chorus choir of the Tabernacle Church, numbering forty voices and under the direction of Mr. Karl Schneider, will give a song service to-morrow evening. The SA clajs of was organized at School No. 3 Wednesday morning in Miss Edsworth's room. The officers for this term were elected as follows: Edward Muller, president: Martha Phelan. vice president; Stella Morrison, secretary; Maurice Foewell. treasurer; Blanchard Bolcourt, chief adviser. Mr. John R. Morton, a former Indianapolis bey. has opened a book store In Newport News. Va. His grandfather, the late Charles Peabody Wilder, was for many years the proprietor of the. oldest book store in thU city, and his unique "sign of the big book" was long a landmark upon Washington street, between Meridian and Pennsylvania vtreets. Young & McMurruy, Tailors, 42 N. Pcnn. st.

B. AND L. CASE DECISIONS

PERTAIN TO MORTGAGES G1VEX OITSIDEIIS BEFORE THE lMKi LAW. Where Contracts Were Made the Claim of Vsury In Xot Permitted to Stand. A rehearing was granted yesterday by the Supreme Court In the case of the Equitable Loan and Investment Association against Olivia J. Peed, which was decided by It last December. The case of the Security Savings and Loan Association against Joseph J. Elbert was reversed, as was the first case named. In-both cases the appellants were corporations chartered under the laws of Minnesota, and the action against Elbert wa3 to foreclose a mortgage given for a loan made before the act of relating to foreign building associations was passed. The company had not complied with the provisions of that act before the foreclosure suit was brought, and the trial court held that it could only take a judgment for the amount "of the loan, with interest at 6 per cent., less .the amount paid by the borrower as dues, premiums or lines, and that it could not enforce its building-association contract. The opinion was by Judge Baker, and he referred to the case of McLaughlin against tho Citizens' Building and Loan Association, in which the court held that the collection of premiums on loans to members of building associations by the association.? does not constitute usury. He then said: "This court, since the McLaughlin case, has continued to recognize that such a transaction between ft borrowing member on his society Is not a mere loan of money, as between strangers. The State' may fix the terms on which foreign corporations may enter to do business. But If a foreign corporation . is permitted to enter, the validity of its contracts with citizens of this State must be determined by the rules that apply to the same contracts between citizens and domestic corporations. It will hardly do to say that a building and loan mortgage on lands in Madison county is in its nature nonusurlous because given to an Indiana association of which the mortgageor is a member, and that the same mortgage is in its nature usurious if the association is a foreign one. "The act of 1!&3 declaring that It shall be unlawful for a foreign corporation to do a building and loan business in .this State until it shall have deposited bonds, etc., must' be read prospectively, if possible, and must be read as not impairing the obligation of existing contracts to be constitutional. To meet these requirements the act must be construed to mean that the business which may not lawfully be done until the terras are complied with Is the making of new contracts, the Issuance of new shares, the execution of new loans. If a contract is valid when executed which contemplates the laipse of several years before all Us terms are carried out It must be iheld to remain valid and enforceable to the end, under the laws in force at the time of Its execution, no matter what changes the law has undergone in the lifetime of the contract. As the contract wa valid when executed, and as no ground for abatement of the action existed, the finding is contrary to law." The Peed ease was to quiet a title against a mortgage which she had given to a foreign building and loan association and the case was reversed on the same opinion. A rehearing of the appeal from a judgment in favor of the Union Trust Company, as receiver of the Mutual Life Insurance Company, against Frank S. Huter was also granted. The insurance company did a building and loan association- business, as well as an insurance business, and Huter bought some of the tock and was a bor rower on it. He claimed that he should bo given credit for the amount he had paid as. fines and dues and on his shares of stock. The court held that, the company had no right to transact a building and loan association business, but as it did so the distribution of funds must be governed by tho present situation, and not by the legal rights of the company before it became insolvent. The court held that Huter ls entitled to a credit on the principal and interest on his loan for all payments made on his stock, except those payments made as stock dues, and the balance of his claim must be paia to the receiver. The stock dues are held to be a claim against the estate of the In-, solvent corporation; to' be paid equally wltlj the claims of nonborrowing members. . i The court affirmed the sentence of Jesse White, of Lafayette, who was convicted of the murder of a woman sixty-nine years old. who lived in Lafayette. She lived In an Isolated part of the city and was found one day last December with wounds on her face and head which might have been caused by a hatchet. HACK MAX IIYAVS SUIT. Asks Damages from Union Railway Company for Delnsr Shut Oat. William II. Ryan, a hackman, yesterday sued the Indianapolis Union Railway Company to recover $9,000 damages, alleged to be the result of an Injunction granted to the company by Judge Edgar A. Brown 1c 1S03 restraining Ryan from occupying a position in front of tho Union Station. He alleges that the Injunction was operative until 1897, when it was dissolved. During the time he was prevented from doing business at the Union Station, he says, he was partially deprived of his usual revenues and estimates his loss at $9,000. Dispute ns to Realty Trade. James H. Smith and wife yesterday filed suit In the Superior Court again n Thomas F. Darmody and his wife to recover $500 damages because of m alleged failure to carry out a contract to consummate a realestate deal. The plaintiffs live at Franklin, while the defendants live at 1106 North Bevllle avenue, in this city. The latter own real estate in Bloomington. III., which, it is claimed, they agreed to exchange for some property on Talbott avenue, in this city, owned by the plaintiffs. A contract stipulating tb terms of. exchange was drawn up, and shortly afterward, the plain, tiffs allege, the defendants refused to carry out the contract. The claim ls made that the title to the property ls In Mrs. Emma Darmody, and that the contract was made by her husband on his representations lhat he was authorized to act for her. The plaintiffs allege that Fince then Mrs. Dar mody has claimed that the action was taken without -her sanction. Woman Failed in Appear. John Northam, a saloon keeper, and Ida Asche, who were arrested on Aug. 20 at the request of Mrs. . Northam, are again in trouble.f.' The woman was released on her own recognizance and the case against her and Northam has never been tried because of the woman's failure to appear in Police Court. Both were arrested again on Wednesday of this week oti new affidavits. The cases were continued' until yesterday on the promise of the woman's attorney that sho would be In court promptly. She failed to arrive, however, and another continuance had to be granted. Northam was required to give bond for his appearance. Partnership Bankruptcy Petition. A partnership petition in bankruptcy va6 yesterday filed by Berwanger Brothers & Co., of Logansport, of which firm Lewis and Henry Berwanger and Joseph Frankenthai are members. The firm's debts amount to J$,t4.r and the personal debts of Lewis Berwanger are 5S.44 and of Henry Berwanger S.Vi. Joseph Frankenthai owes nothlntr. The only assets of the firm belong to Lewis Berwanger and are valued at 27 The Comer Ilrench-of-Promle Suit. A pica in abatement was yesterday argued before Judge Baker In the breach-of-prom-lse suit brought by Cora G. Comer, of Chicago, againt Dr. Michael A. Jordon, of Logansport. She asks $.T0,Oi0 damages. Judgment was reserved. The point yesterday was as to Miss Comer's residencewhether it was in Chicago or in Indiana. Mamie Vansyokle' Divorce Salt. Mamie Vansyckle began suit against her husband, George Vansyckle, yesterday, to secure a divorce. They were married in 1S01 and seiarated a few weeks ago. She alleges infidelity on his part. Vantlallit Ilenrlnu: Adjourned. The hearing of the Vandalia case was yesterday adjourned until Monday. THE COURT RECORD. . Supreme Court. 1S562. Savings, etc.. Association vs. Elbert. Madison C. C. Reversed. Haker. J. 1. The transaction between a building society and a borrowing, member is not a mere loan of money as between strangers, and is not

in its nature usurious. 2. The State may fix the terms on whica a ..foreign corporp.tion may enter to do business, but. if .v foreign corporation Is permitted to enter the State the validity of its contracts with citizens of this State must be determined by the rules that apply to the same contracts between citizens and domestic corporations. 3. The act of 1S?3 declaring that it shall be unlawful for a foreign corporation to do a building and loan business in this State until it shall have deposited bonds, etc., must be read prospectively and as not impairing the obligation of existing contracts. 4. If a contract is valid when executed and contemplates the lapse of several years before all of its terms are carried out it must be held to remain valid and enforceable to the end. under the laws in force at the time of its execution, no matter what changes the law has undergone ,in the lifetime of the contract. 1S.VJ6. Equitable, etc.. Association vs. Peed. Madison C. C. Reversed on authority of No. 18512 above shown. Baker, J. ly. Huter vs. Union Trust Company. Marion S. C. Reversed. Baker, J. 1. The building and loan business is lawful In itself. 2. When an institution doing a building and loan business becomes insolvent and is in the hands of the court to be wound up a borrower 13 entitled to have his monthly payments on his certificates allowed as a claim and to receive thereon his share of the residuum pro rata along with other investors on their investments. 1S333. James vs. Sidwell. Delaware C. C. Affirmed, linker, J. Where a court ordered a receiver of an Insolvent building association to settle with its members as follows: that, borrowers be .charged' with the amounts loaned them, together with 6 per cent, interest, less all amounts paid by them for premium, interest and fines reckoned by the rules for partial payments, and that all members, borrowers and nonborrowers alike, receive pro rata distribution upon the amounts paid on stock and tho judgment is affirmed. - ' 1S313. White vs. State of Indiana. Tippecanoe C C. Affirmed. Hadley, 1 J. 1. It is not error for the court to stateito the Jury self-evident facts, nor to assume a fact as true that has been conclusively proven. 2. It Is harmless to state In an instruction that a certain question ls the controlling one. If, upon tho evidence, it alone ls fairly debatable. 3. It will be presumed that a jury trying a cause understood the language in the court's instructions in its usual ordinary sense, and that it was not applied In any way harmful to the complaining party. 1S717. Bird Transfer Company, vs. City of Indianapolis. Marion S. C. Dismissed. Appellate Court. ' 2SW. Franklin Insurance Company vs. Wolff. Laporte S. C7 - Reversed. Robinson, J. 1. - When the insurer contracts with the insured, and upon, certain contingencies agrees to pay the loss to a third person, a mortgagee, the latter may maintain an action on such promise in his own name when ho show he N entitled to recover the full amount of insurance. 2. A contract of insurance is personal, and does not run with the property Insured. 3. When a joint demurrer is addressed to several separate paragraphs of answer,, the answers must all stand or fall together. 4. The effect of a mortgage clause In an Insurance policy ls that the insurance company agrees, if money becomes due the mortgageor under the contract, to pay it to the. mortgagee instead of paying it to the mortgageor himself, and the mortgagee's Interest Is not protected by the terms of tbtp'pollcy against any acts of the mortgageor, and a defense of the company of subsequent additional insurance against the insured is a good defense against his mortgagee. 5. In the absence of a stipulation in a fire insurance policy protecting the mortgagee against the acts or default of any person other, than himself or agent, he can have no better right to recover on a loss than his mortgageor would have had. " 2751. Rowe vs. Raper.' Marlon C. C. Reversed. Comstock. C. J. The father Is liable for the funeral expenses of his deceased minor child, and before a claim for such expenses can be enforced against the deceased minor's estate, it must appear that the father is unable to pay them. 3107. Garrlgus vs- Board of Commissioners. Hamilton C. C. Motion to transfer to Supreme Court sustained. Superior Court; Room 1 John Li McMaster, Judge. Margaret Blume vs. William H. Blume; divorce. Finding decree for plaintiff and against defendant for costs. Frank M. Wright' vy. William. W. Webb; mechanic' lien. - Finding for defendant; Judgment against plaintiff for costs. Room 2 James M. Leathers',. Judge. H. C Broadbeck et al. vs. John W. Oliver; account. Jury instructed and retire. Circuit Court. Henry' Clay Allen, Judge. Marlon Trust Company, guardian, vs. Louis Hasse, Laura I Behning and Edwin F. A. Behnln. Submitted to court. Evidence heard. Finding for plaintiff for $332 and order against plaintiff to pay same. U.Z.Ripley vs. ID Libber Company. Submitted to court. Evidence heard. t'--1 Johfl MorrW v'Hj Rrown- ef al, ; street Improvement lien.' Ori' trial by, court.' r : Criminal Court. ' Fremont Alf ord, Judge. . The State of Indiana vs. Lewis Johnson: grand larceny. Defendant.wlthdrew plea of rot guilty and pleaded guilty to petit larceny. Defendant nineteen years of age. Sentence suspended: defendant discharged. The State of Indl?na vs. John Smith: assault with intent to kill. Tried by jury. Verdict of guilty of assault; fined $3 and costs. The State of Indiana vs. Frank Troskey and George ' Morgan: defendant Morgan withdrew former plea of not guilty and pleaded guilty 1q. petit larceny,. Sentenced to the Indiana Reformatory for from one to three years. Defendant Troskey fined and rentenced to the Indiana Reformatory for from ono to three years.' r; ;" ew Suits Filed. John Smith va W. D. Brown and the People Publishing Company; libel. Circuit Court. John C. Dunn vs. Henry A. Beck et al.; to foreclose mechanic's Hen. Superior Court, Room 3. James' II. Smith et al. vs. Thomas F. Darmody: damages. Superior Court, Room 2. John C. Dunn vs. William A. .Van Buren; to foreclose mechanic's lien. Superior Court, Room l. ; : i , Edward Mueller vs. John C. Robinson; on account. Superior Court. Room 2. Mamie Van Syckle vs. George W. Van Syekle; divorce. Superior Court. Room 3. Edward H. Schrader vs. Edward C. Cooper et al.: foreclosure of mortgage on note. Circuit Court. William H. Ryan Vs. Indianapolis Union Railway Company: damages. Circuit Court. HOUSE ESTATE HEIRS. They Claim to De Entitled to Valuable Lands in Maryland.

A meeting of the heirs to the John Valentine House estate will be held in this city on Oct. 10. Dr. G. H. F. House, of No. 3015 North Illinois street, and O. M. Murphy, of No. 2505 North Delaware street, are heirs to the estate. It is claimed that $300,000,000 worth of land In the State of Maryland belongs to the estate. The heirs understand that John Valentine House inherited the property from his father, Andrew House who is thought to have come to this country In 1760. It is said that Jving George, through favoritism, gave Andrew .House 64,000 acres near Harper s Ferry. ; UNION MEN DISCHARGED. Hod Carrletn Turned Off Because, It Is Claimed, TheyYere Too Slotv. The union hod carriers employed in putting up the new Monon freight depot, on South New Jersey street, have been discharged and nonunion men have been put in their places. The foreman says the union hod carriers did not work fast enough to suit him. He asserts that when he asked them to be quicker one man replied that if the mortar wasn't coming fast enough to suit the foreman he ought to carry' it himself. The Henry Taylor Lumber Company, of Lafayette, has the contract for putting up the building. HOARD OP PUBLIC WORKS ROUTIXE. Final Action Taken. For cement sidewalks on Alabama street from Twenty-third to Twenty-fifth street. For cement sidewalk on the west side of Capitol avenue from 13S.o4 feet south of Thirty-fifth street to 630.44 feet south of Thirty-fifth street. The Hole In the Main Fhotoarraphed. The gas main which, it Is supposed, was the cause of the explosion at Bert B. Adams's hom. on North Alabama street, was yesterday photographed. The main was laid in 131. and it Is said this was the first ex plosion on the line. It was found that a large hole had been eaten in this particular main. Invention Worth n Fortune. The climax In beautiful effects seems reached In a new process Invented by a well-known photographer on Pennsylvania street. "Metalographs." as they are called, are unhesitatingly pronounced the rarest and most beautiful productions ever seen in photography, and. doubtless they will earn a handsome sum for the inventor.

HAD A BUSY DAY. (Concluded from First Page. will be followed by the men with the textbook and the Bible, bringing the arts of civilization, respect for law and order and

the welfare of country, xso government can live for self alone nor grow to full stature by the exercise of selfishness. No man and no party of men can be bound to the performance of a mission or the great republic for the regeneration and elevation of mankind. It is following to-day. as it has followed in the past, the lines marked out by a providence superior to the wisdom of presidents and of legislatures, pointing the way or the great march, or civilization. "My friends of the city of Quincy and of the State of Illinois, the President of the United States will be faithful to the soldiers who represents you. His Cabinet was faithful to him and I know that you. one and all. will stand with us in sustaining and helping him In the great work which you have laid upon him." ATTORNEY GENERAL GRIGGS. Attorney General Griggs spoke as follows: "I was interested to see that vast concourse of schoolchildren which turned out thia morning, all with flags In their hands, to welcome the President of the United States. It took me back In memory to days when I was an American schoolboy, and I remember that in those days when I opened my geography I could find all the territory cf the United States on one continent and on one page, but now when your children open their books and are told to point out tne possessions over which the American flag floats In sovereignty it takes two continents to disclose that territory. Cheers. The secretary of the interior is making a new map of the United States of America, and he is embarrassed to find room to place not only the States, but these vast new island possessions that have become ours. And what is their present condition? What do these schoolchildren learn about these Islands that have come. to us? They will be told by their teachers that within a year there has been added to our domain a vast archipelago in the Pacific ocean, people with eight or ten million souls who speak more than a score of different languages, who compose more than two-score different discordant and disconnected tribes, , "They will be told that for more than three hundred years these islands, rich in natural possessions, fertile in soli, have been governed by Spanish authority and that down to the end of this nineteenth century of civilization and progress they have attained not' much intelligence, not much more civilization, not much more wealth and no more liberty than they had attained in those days when the great Spanish galleons carried home annually from those islands their wealth of gold and silver to enrich the treasury of King Philip. They will be told that to-day the United States of America possesses by solemn- treat, signed and ratified by Spain, accepted and approved by the Senate and the Congress of the United States and Its President possesses the only lawful sovereignty and authority over those islands, a sovereignty and an authority recognized and undisputed by any single nation or people on earth. They will be told that in one of those islands one of these numerous tribes has raised an army of ins' rrection against the American flag, that tns.-y, while our soldiers were in peaceful possession of Manila, attempted to rise and murder them and the American representative there; that they fired on the American flag, that they defied its authority and that they have attempted by murder, by conflagration and by arms to drive the lawful authority of the United States from the Island of Luzon. They will be told, these children of yours, that those men who have attempted this comprise not 10 per cent, of tne people of these islands, and the answer that is to be made to those who ask what we are to do about it is the plain and simple answer that was given In 1S61 if any man attempts to haul down the American flag, shoot him on the spot.' (.Cheers. . , "And so,, my friends, your President, your secretary of war, your secretary of the navy, aye, all of the people of the United States are striving to maintain the lawful authority of the United .States in these islands. To do their plain and simple duty, to accomplish that which under their solemn oath they have promised to do, ror what? To maintain, not only the full dignity and authority of the American flag, but to carry it on, you believe and I believe is a wise purpose of providence, which, after three hundred years of despotism and Ignorance, has opened the door cf these islands to American intelligence, to American civilization, to American progress, o American prosperity. The full tide of pros perlty flows through this, land majestically and unruffled, as this great river flows by your city. We want -a flow of progress and intelligence, of liberty and civilization, to flow into these Philippine Islands, and over them and over all,. to float now and forever, tho flag of the American Union." Great cheers. POSTMASTER, EN EJRAL SMITH. ; Postmaster General Smitli "was next introduced. He said: "As I came to the stand this morning my eye fell on a sign which reminded me of what I may claim as a tie between this city and myself. I looked on the standard of your ancient newspaper, and I recall the fact as a college boy In a distanUState, through the selection and Invitation of a friend, It was my privilege for several weeks to be practically the editor of your Quincy Whig. Applause. I know that during that period it was a welledited paper. I Laughter. "Fellow-cltlzens, I congratulate you not merely on the progress which we are making abroad, but on the vital and living progress that we are making at home. The sun of this glorious day ehines down upon us with unclouded splendor, but not less cloudless, not less glorious, than this physical sun of to-day, is the bright sun of prosperity which illumines all the land to-day. IGreat applause. WThlle our armies are moving forward in the remote parts of the world, the armies of our industry, of our enterprise, and of our progress are not less successful at home. While our flag Is carried forward in triumph in distant climes, the great work and progress of this people at home stands absolutely uninterrupted, and the American people were never so hap py, never po contented, never so prosperous In all their homes as they are to-day. Great applause.! Under the administration of President McKInley confidence has been everywhere established, enterprise has been armed with new vigor, and our people are moving forward with an energy, a confidence, a hope and a success which Is unprecedented even in our glorious career of success. Applause. "I congratulate you, my friends, that we are carrying forward the great national poUcy which has become to us a matter of duty, while at the same time the people In their homes and in tneir places or dusiness are moving forward with a success and a growth and an advancement which have never been excelled In all our history. Here, on this spot, you listened years ago to the voice of great leaders who conducted the Nation through the trying times of its great crisis, and you who have followed them have the great satisfaction of looking Into the executive mansion at .Washington and feeling that your interests and destinies are to-day in hands as faithful, in a heart as true, in a head as strong and courageous and bold, as any that have ever guided the country in the periods of the past." Loud and prolonged, applause.! ' SECRETARY . OF STATE HAY. . Secretary of State Hay, who was the next speaker, said: "I did not Imagine that I was on the programme of the morning exercises, but since this honor, has been done I can do nothing more than thank you most cordially for this kind reception. I am always glad to get back Into the air which I breathed In the days of my childhood. There must be something peculiarly fine about the air of thi3 region of the country, because I have never since leaving this part of the world been able 'to eat with such an appetite or sleep so well as I used to when I was a schoolboy, in the health-giving air of the Mississippi valley. - "I fall to see before me now very many of the faces that uwed to be familiar to me when, in my youth, I had the pleasure of visltlrg Quincy. The men that I knew and honored were, I suppose, unknown to most cf those in this audience, men like that grand old pioneer. Governor Wood. like these Illustrious citizens of Quincy, Browning and Bushnell; like Blackwell and Warren, whose brilliant wit and humor did not prevent them from-being among the greatest lawyers of the West: and these noble and chivalrous antagonists, Jackson, Grlmshaw and Isaac Morris, opponents in politics, but friends in heart. They have all gone over to the majority to Join their friends and associates those great gladiators who met in high debate on this very spot forty-one years ago Abraham Lincoln and Stephen A. Douglas. The hot animosity and keen contests of that (lav are over. The questions they so ably debated are settled forever and we think settled rightly. We now, recognize that they were two of the greatest statesmen who ever adcrned the annals of our country, both patriots to the heart's core and both devoted to the welfare of their country as they understood It. The leon we may draw from what they said and did. from the whole tenor of the lives of those who preceded us here, is that this ls a country worthy the devotion of every soul in it. worthy to live tor, right for and. If God o will, to die for." Great cheers. 8 EC R ETA R Y OF THE NAVY LONG. The speecx) of Secretary Long follows: "I notice your chairman is very discriminating. He Introduces me, but compll-

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ments, not me, but the navy, and there, my friends, he' is right. It is the navy Itself, the organized navy of the United States, its officers selected from every con gressional district throughout the Union, in spired by the highest spirit of professional and national zeal It Is the navy which de serves your commendation and has earned the gratitude of the people of the United States. Great applause. "My friends, as the President goes about the various States of the Union I think he must be struck with the fact that constantly strikes me that every American audience he meets, -wherever it -be. Kast o West. South or North, Is practically the same. It certainly is the same in the cordial, generous and gracious welcome which it extends to him. I find here, as everywhere else, the suggestive memories of th war for the Union 4n the presence of these veterans. I find here the evidence of the school, the education of the people in their youth, not only in the schoolbook, but In the large volume of patriotism. I find here assembled men, women and children, the representatives of all Industries, of pro fessions and everything that makes up large, generous American citizenship. And because I find here the same audience which I have met at home, I feel that I am noi your guest, but that I am one with one that I am one of you in welcoming here the President ofthe United States applause, in assuring him of our readiness to stand by him in carrying out the hlgn principle which he has enunciated from this platform. In recognizing him, not as the President of a party, but as the President of a whole country great applause, of all parties applause, of all States, of all who love their country. Applause. "It ls an especial pleasure to me to be here In thds city, because In its name I recognize a name which, in my own commonwealth, has been venerated In her history, in practical, political and educational life, from the beginning of our time. "I am glad also to speak one word for the navy here In recognition of the men whom Illinois, this central State, sent to the recent war, constituting a part of our naval militia unexcelled in numbers and certainly unsurpassed in fidelity to duty. Applause. I stand here, too, and remember that ther came home with the great Dewey from over the sea one of your own citizens, one of your own men. Lieutenant Caldwell applause, in whom the great admiral placed such confidence that he has asked that he be detached to accompany him to his home, in Vermont, to assist in the work of completing the report that the admiral is to make about the great achievements in which he has been engaged. "Let me close as I bettan by saying that thl3 great assembly, distinctive as It ls characteristic of your State and your city. Is also representative of all the American people. We are one great country; we are one here In welcoming the President of the United States. We are here to unite with him in carrying forward its Institutions and Its civilization, in upholding Its honor anft in maintaining its flag. It ls a great, big country. With the blessing of God we will make it bigger yet. Loud and prolonged applause. It is a great, good country, good to every one who gets under the protecting folds of its banner. With the blessing of God we will yet, on the lines on which we are now advancing and under the auspices which are now over us, wc will make it yeta still better country.' Great applause and cries of "So we will! ' - DRY AX GREETS M'KIXLEY. ' Latter Spea-k to Crowd at Canton, Macomb and Bushnell. PEORIA, 111., Oct. 6.-C0I. William Jennings iiryan gat directly behind President McKInley this afternoon at Canton, 111., while the President delivered a brief address to the citizens of that town. A street fair Is in progress at Canton, and Colonel Bryan had been secured to deliver a two hours' speech. The Nebraskan was among the first to reet President McKInley as he left the train and ascended the platform. Wrhen the President concluded his address he turned and heartily grasped Colonal Bryan's outstretched hand. "Good-bye, Mr. President." said Colonel Bryan, and the President responded with a word of farewell. Thl3 closed the short meeting between the former rivals of 1S9S. as the presidential train left immediately. Colonel Bryan delivered his address after the departure of the President. President y McKInley said at Canton: "Our glorious old flag, the symbol of liberty, floats to-day over two hemispheres. During the recent war we had exhibitions of unprecedented patriotism on the part of the people and unmatched heroism on the part of our soldiers and sailors. Applause. Our second great triumph is the triumph of prosperity. The busy mills, the active industries and the general prosperity have scattered plenty over a smiling country. Our third great triumph Is the triumph we have had over sectionalism. We are no longer a divided people, and he who would stir up animosities between the North and South is denied a hearing In both sections. The boys of the South and the boys of the North fought triumphantly on land and pea in every engagement during our war. 'North and South together brought Now own the same electric thought In peace a common flag salute. And. with free and unrestful rivalry. Harvest the fields whereon they fought.' "So I conclude by saying that this Nation has been greatly blessed, and at this hour we are a united and prosperous and patriotic people. And may that divine Providence who has guided us In all rout undertakings from the Inception of the government continue his gracious and assuring favor to us forevermore." Apnlause. Between Quincy and Peoria three brief stops were made at Macomb, Canton and Bushnell. At each of these the President was escorted Horn the train to platforms erected for the occasion. The entire population of these towns appeared to have turned out to greet the chief magistrate and he was invariably welcomed with boundless enthusiasm and applause. At Macomb the President said; "My fellow-cltlzens, I thank you for this cordial greeting and generous welcome, it Is a pleasure to me to look into your faces, to feel your warm hearts and to know that you are Interested In the prosperity and honor of the government of the United States. These great assemblages of the people teach patriotism and patriotism ls the mighty power that sustains the governmen in peace and unites us all in war. Great applause. The patriot loves his heme, his family, his profession.' his farm, his books, but he has a great love which includes all these he loves his country. Great applause. "No more splendid exhibition of patriotIsm was ever shown than was shown a few days ago in the Philippines. Applause. That gallant Tennessee regiment from our southern border, that had been absent fron home and family aid friends for more than a year and was embarked on the good ship Sherman, homeward .bound when the enemy attacked our forces remaining near Cebu. these magnificent soldiers dlsemlarkcd from their hlp and Joined tllcir comrades on the firing line and achieved u giurious triumph for American arms. IGreat applause. That Is an example of patriotism that hould be an Inspiration to duty to all of us In every part of our common country." AnplauFe. The speech of President McKInley at Bushnell follows: "My fellow-cltlzens. I thank you for thia warm welcome. I thank

mom Ellt CATIOXAL. 50th Year Indianapolis Business University Larger and Better Than Ever. Enter Now. Day or Night. Write or call for personal interview Take Elevator Kntranre ... WHEN... E J. HEED, Pres. Dr. Jaegers Deutscher Kindergarten Opened Fept. 26 In the German It oam. Apply t Mlsg Amallo y. Pert. CH Kait Nw York ttreet. MISS SARAH T. MEIGS, Teoohcr of Pinno Lessons given at pupils' residence. CaR between 11 and 2. hfj North Pennsylvania street. GIRLS CLASSICAL SCHOOL. HOUSEHOLD SCIENCE DEP'T Morning Class for Adults opens Wednesday. Oct. 11, at 9 a. m., at School Kitchen 824 North Pennsylvania street. 1 Dental Golle Department of Dentistry, University of Indianapolis, S. W. Corner Delaware and Ohio Streets, Receives patients from 9 a. m, to 5 p. xa for all kinds of Dental work. The fees are to cover the cost only. UAID RALSAM ClctSM and twavtifiea th hiiZ. 1'rooMtes ltuttTMBt frowtH. II air to Its Youthful Color. Qurca aralp diruN hair tailing yv. and 1 1 "i Prurr1 A Good Thing A newspaper advertisement that reaches many thousands of buyers every day, is a means to an end that ought not to be overlooked by a careful business man. The END he has in view is to sell goods, the MEANS Is the advertisement that enables him to tell the buyers what is for sale. He can accomplish this purpose In In dianapolis and vicinity by using the columns of . ... The Indianapolis Journal. the children of the schools for coming to give me greeting with the flag of our conntry In their hands. The last two years havflf registered not alone our martial triumph, but have recorded equal triumphs in peace. We have not only overcome in the war with Spain, but we have overcome the enemlcsj of prosperity and scattered their forces, great applause, and to-day the United" States is enjoying an era of prompt ritfl unprecedented in our history. fApplnue.j No man rejoices more In that fact than t do, because It has taken blessing to the homes and firesides of Fevcnty millions of my countrymen." no a aed the President at Midnight. Special to th Indiana po! Is Journal. ATTICA, Ind., Oct. 6.-Dattery C, Na tlonal Guards, of this city, under Lltutv FrM Martin, was rpeclally honored by President McKInley when he passed through here last night on a peclal train on the Wabash. The artillery boys gave the Pres ident's salute of twenty-one guns as the train was pulling in. The terrific noi startled the occupants of the train, which was slowed up. The Presldtnt appeared at the door of the rear coach and waved hi hand at the enthusiastic soldier, whosa cheers could be heard a mile. The President evidently believed that the enthusiasm which caufed a body of young ioldkrs to turn out at mldnlht and lire their guns la his honor was worthy of recognition. C. I. Darnell Injured. Calvin F. Irnell. No. 1110 North Illinois Ftrtft. va injured Thursday tvtnlng while trying to lward a street cur nt the Union Station. Ills rUht U g. which had hcerx crippled for several years, was broken below the knee. Dr. (iforce W. Cruh. Dr. George W. Combs Is h candidate for school commissioner. His name is the last one on the ballot. If elected he will Ker to the iK-xt Interests of the voters of In rilanapolln. Refreshing. Ubrcford's Acid Phosphato A few drops eddad to half a clasa water refreeoea) end Invlgoratae. Gee ulna fcssn r.r-rs Hertford's on writer.