Indianapolis Journal, Volume 50, Number 304, Indianapolis, Marion County, 31 October 1900 — Page 6

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THE- INDIANAPOLIS JOURNAL, WEDNESDAY, OCTOBER 31, 1900.

JOLKNAI3 ni'SIXESS DIIIECTOIIT. Wm. L". lUc. :vi West Michigan street. TeleChnes: OKI. XS7J-; new. JU2. Territory wt of v hiu river. flokistsRERTKlUfAN'N FLOTtAT COMP A NT. Xw No. 241 Ma, re.. Stt N. IV. at. Tel. 8. FUNERAL DI RECTO ns TLTEWILKK & FON. Undertakers. LU W. Market Ht. Tel. 215. ÜANTELS AND tJHATES P. M. PUKtELL 4 Mantels. Furnaces). CI Maa. av.

PATENT LAVYEP.PV. IL LOCKWOOD. 41S-CS Lern eke bulldln. BALE AND LI VERT STABLES HORACE VX)D (Carriers. Traps, nur. boards, etc.) 25 Circle. Tel. 1)37. SHOW CASES i WILLIAM WEIGEL. 24.1 Bnuth Meridian Street. UNDERTAKERSFRANK RLANCHARD. N. Delaware st. Tel. I1L Lady Attendant. WALL PAPERS II. C. STEVEN'S. Ne-w Ftyl Wall Pnr. Low prices. S33 N. Senat are. Tel. 2 on 22. FUSEItAL DIIlGCTOns. FLANNER & BUCI I AN AN (LI cen sed embalroers.) Can ship diphtheria and scarlet ever. Lady embalmer for ladies n1 children. 320 North 111cola st Telephon M, new and old, 013 ra. C. E. KP.EOELO. Fl'NEIIAI DIRECTOR, Kew 250. HZ N. Delaware Bt. residence. 128 E. Vermont Ft. (Colonial Flats.? New Phone. 170dii:d. BOCWKLL Captain II. M. SSocwell. Tuesday, evenln. Oct. 2. at o'clock, at bis residence, 442 East Market street. Funeral notice later. FINANCIALIRAN'S Money on mortaes. C F. SAYLE3, 12. East Market street. LoANs On city property; 4 vr cent. ; r.ocoavmlssion: money rady. C 2. WILLIAM & CO.. 219 Lemcka bul Ulnar. STORAGE. CrnnAOK-INDP'LS WAREHOUSE CO. W. II Kurtx. IT-s II. A. Cropland, Mgr. (New) J17-r,n 'S. Penn. 'Phone 1-43. We STORE. PACK and HAUL bloKAliE Tn Union Transier and fctoragi Company, corner East Ohio street and liesline tracks; only first-class storage solicited. t'HATINQ AND PAKINQ OS UOU3CIIOLU GOODS A SPECIALTY. ' WAXTED-3IALE HtuL.1. WANTED Partner Oentleman -with some capital to assist graduate palmist to locate school and beauty culture parlors here for winter. 1 fcave Sl.Ow exhibit. For particulars address 'DOC care Journal. "WANTED A first-class salesman by mall order ho! to sell the farming community; a man eapabl of earning J2.im) a year and expense; five reference and pnst experlmo in business. Aldress E. O. M.. care Journal. WANTED For U. 8. Army: ATie todla unmarried between aKrs of 21 and ii; cltltena of Unite! states, of icood character and temperate habits, who can sp-alc. read and write Fnsjllsh. Tlecrults are specially desired ror service In Philippines. For Information apply to Keerulttn Officer. 23 N. Illinois street, Indlanapolis, lnd. WANTED SALES3IEX. TVAnErArT'eli lines of men's and women's furnishing roo-H ind notion?, to cover middle and western Indiana. Must bo able to guarantee sales of at least forty thoumnd dollars per annum. LEWIS WALD & CO.. Cincinnati, O. WANTED M ISCELLA3 KOLS. WANVETitaT of Dcntlfctry. southwest corner of Ohio and 1111rols streets. No charge, except for cost of ma terlaL FOR SALE. TOR SALE Sealskin cloak; nearly new. Addresa H. b. IL. care Journal. FOR SALE The Hotel Windsor, at Rushvllle, lnd. A larite brick, building, tin roof and in food repair. The lese will soil the furniture, etc.. at a bargain. CJnod reason for lcirin? to ell. Address O. C liHANN, Icesee. or CAPT. J. II. MAUZY. owner, Rushvllle, lnd. STOLE. STOLEN About noon. Oct. HO, gray marc seven years old and piano-box hungry, Columbus make. Thief drove west on National or ltockvtll road. Reward. (J. M. BALLARD, Indianapolis. LEGAL ADVEHTISE3IE.TS. Annual Meeting of Stockholders. CLEVELAND. CINCINNATI, CHICAOO & ST. LOULi RAILWAY COMPANY. Cincinnati. Oct. 8. lJOu. To annual meeting- of the stockholders of this company for the election of directors and for auch other business as may come before the meeting, will be held at the office of the company, corner of Third and Hm Ith streets, in Cincinnati, O., on Wednesday, Oct. 31, lh at 10 o'clock a. m. The stock transfer books will bo closed at the office of Messrs. J. P. Morgan & Co.. No. 23 Wall street, New York, at 3 o'clock t. e., Thursday, Oct. 1L 1300, and reopen at 10 o'clock a. m., Thursday, Nov. 1, 1900. E. F. Q3BORN. Secretary. .NOTICE OF Fin ST MEETING OF CREDITORS. In the District Court of tho United Etates for the Tdstrlct of Indiana. In bankruptcy. N'. 734. In bankruptcy. In the matter of William l Johnson, Jr., bankrupL Tj th creditors of William F. Johnson, Jr., of Indianapolis. In tho county of Marlon, end district aforesaid, a bankrupt. Notice is hereby given that on the 30th day of October, A. D. 1, the said William F. Johnson. Jr.. wa duly adjudicated bankrupt; and that the first meetin of hi creditors will be held at. Room ill. Indiana Trust building. No. 117 East Washington Btrect, In th city of Ino .ana pol Is. Marlon county. Indiana, on the l)tti day of November. A. D. i:C, at ! o'clock In th forenoon, at which time the ald creditors may attend, prove their claims, aprolnt a trustee. examine the bankrupt, and transact such oth-r bunlnewi m y pmperly come before said meeting. ALBERT It Aim, Iftrre in bankruptcy. lndUnapcn.i. Ind.. Oct. 3i. 1hj. Stat- of IndiJina. Set.: in the Supreme Court. Amos Jones et al. vs. William C. Wright. No. Vt4-42. Appeal froni Madlion Superior Court. Wheieas. It appears by attidavit riled that l?aac Jone. Lfvl V. Forrest. .Chloa A. Forrest. David L. Jones. William Jone, steenrod Jones. Hester Jone, guardian of Steenrcxl Jones. Alice Wilson. Hannah Jane Zimrrerman. Jost-phus Jenes. WtUtam 'A. Jone?. Jttbecca Miller. Mary L. C'heeKetr.an. Emma Checseman. Levle ticenetrsn. James Cheeseman. Santord Cheeeman. William cheeaoman. Jesie FitZKerald. Frank Fherley. unknown him of Lturetla Cheseman. deceased; unknown heirs of Luer;ia Fitzeral I, deceased; unknown heirs of tarah Sherlev, deCeased; Ella May Young. Etta Maria Youny. James W. Younr. Frank Young. David it. cung aro nonreidents uf the State of Indiana, ard are necessarj pattle to ald appeal. Now. therefore, the said nonresident co-appellants above named are htreby notiiled that on the 4th day of October, the said Amu Jenes et al. filed in the clerk's omcc of the Supterje Court of Indiana, a transcript of the record and pr.x-eedlngs in a certain suit appealed from the Su;erlor Court of Madison county. Indiana, in which said William C. Wright was ..la i ff an. I Anir. Jrp et ill U'ir. tf.n,1rtmare hereby notined to appear at th? Supreme Court room. In Ir.dianaiKlü. Indiana, before said Supreme Court, on the liih day of December. !?. and Join or decline to Jcln in said appeal, else ihn same will b proceeded upon in their absence. Witness my hand and the n a I of raid court, this 21d day of Octcttr. 1. RORERT A. DROWN. Clerk Supreme Court. Kittinger, Reardon & Dlven, Attornejs for Appeilant. TWO GAMES AT LOUISVILLE. Cunaal TrnlclriK Iflch School Tram Will Flay There. Yesterday the managers of the Manual Training dchool football team accepted the Offer of the LjOuUville Training; School team to play at Louisville Saturday. The Indianapolis boys will be accompanied to Louisville by a lar;e crowl of student. On Saturday of next wrek the M. T. II. S. will play the Louisville HUh School ttam at Louisville. Tii two teams recently p'ayed in Indianapolis, i. t. n. 5. vvinTh Junrnal's Reduction In Frier. A wrong; Impression svem to prevail niong certain of the subscribers to The Journal, namely, that the recent reduction In the subscription price of the paper was cr.ly temporary, and that a return to former rates would take effect when the campaign cloe. This ts an error. The present published prl e of the paper will be permanently maintained and its hlKn standard will in no way be Impaired. Send in your subscriptions) to us at th published rates or have the rapr delivered to you ty cur tcnt in your locality.

BIG PASSENGER TRAFFIC

HAS INCREASED. II tT NOT KEPT FACE WITH FREIGHT RISIXESS. The Union Pacific Reerl verslilp Rad leal CIinnKOK In Ofllclnl Hotter of the Southern Railway. While passenger traffic has grown greatly Kince 1S07, It has not kept pace with freight traffic. Travel reached Its maximum In Central Passenger Association territory in the year of the Chicago World's Fair, as covered In the interstate commission's report for the year ending 1ST. The next year, a year of great business depression, It was one-seventh less, and two years later, in 1S37, It was hut little greater. Since then there has bon a steady improvement, and In 1SD7 there was an Increase of 19 per cent., freight traffic Increasing SO per cent. The average passenger train load Is small, and it does not grow, for the reason that the roads are cvi.y year Increasing the number of trains. For ten years the average passenger train load has varied between thirty-seven and fortyfour passengersnot a full carload. DoubtIe the next report of the Interstatec Tnmerce Commission will show better results for lifOO, as without question more passengers have been carried than In any former year, not excepting Wor'd'3 Fair year, by the Central Passenger Association lines. The passenger earnings, however, will not show a proportionate increase with the number of passengers carried, as an unusually large per cent, has been carried at ixeursion or reluco.1 rates. "With each year the volume of travel carried at low rates Is Increasing, ailhougn a certain per cent, of this business was carried at better rates this year than in either of the previous three years. Important Chnngea Frohahle. The New York Mall and Express says; "The appointment of Charles M. Hays to be president of the Southern Taclfic Company will mark the beginning of many Important changes In the Western railroad situation, as well as in tho management of the Southern Pacific system itself. In the first place Mr. Huntington's aggressive and independent policy with reference to competitors will givo way to a more friendly spirit, and it can be said that early steps will be taken to renew the old traffic alliance on a basis closely resembling a pool. Mr. Hays, while with the Grand Trunk railway, pursued a policy that was calculated to make friends with Western roads, and his intimate knowledge of the Grand Trunk's rival, the Canadian Pacific, will enable him to protect the Southern Pacific through tranlc to the Pacific coast without irritating all of the other transcontinental lines, as Mr. Huntington sometimes did. So far as the Pacific Mall Steamship Company is concerned it Is now considered likely that it may be controlled in the joint interest of several of the big Western railroads and that it will no longer be used as a whip handle by the Southern Pacific. Such a joint control would make for the improvement of the business of all the railroads and all would be great gainers. It is said that Mr. ! lays has been given to understand that closer alliances between the Western roads are contemplated, and h'j will manage the Southern Pacific along these lines. In regard to the Southern Taclflc itself Mr. 'Hays will pursue much the same policy that he nas on the Grand Trunk and Wabash. His constant aim has been to cut down operating expense. without Injuring the road. A more friendly policy toward the Atchison will be pursued, and it is expected that there will be tome understanding between the two companies as to new construction wherever their territory overlaps, just as In the case of the New York Central and Pennsylvania." The Union Pacific Receivership. The receivership of the Union Pacific, which has been practically ended by the payment of the last dividend to ine unsecured creditors, was one of the longest and most important In the great list of American railway bankruptcies. Wlu-n it was commenced seven years ago the Union Pacific system Included 7.6D7 miles of main line, and Its total liabilities were $2.7wJ0,000. During the reorganization various lines were dropped and some of them subsequently restored, and the road now operates 5.3D9 miles of main line. A civil engineer who but recently made a trip over the road said that the Union Pacific is now In admirable condition and much letter shape financially. The road has been largely rebuilt. The old light equipment has been replaced by heavy engines and cars of greater capacity, and the traffic is being handled far more efficiently and economically than at any previous period. Personal. Local and (irneral IVote. The Chicago & Southwestern (Midland) line expects to have its trains running into Brazil by Nov. 17. The Chicago. Milwaukee & St. Taul announces the opening of a new station at riatt, S. D., 1Ö0 miles north of Yankton. The. P.ig Four and the Chicago & Southwestern are jointly putting In an interlocking plant at Carbon, Ind., the crossing of the two roads. The new Pullman sleeping car coupon tickets have been introduced on a number of important lines. They are said to be more convenient than the old style ticket. The recently organized branch of the Brotherhood of Railway Trainmen at Fort Wayne has already on Its rolls 128 members, and several men have applied for membership. The Wabash shops at Fort Wayne are so crowded with work that on Monday eighteen machinists and helpers, in addition to their present large force, were given employment. Freight traffic over the Bee-line division of the Big Four has not been as heavy in years as at present. On Monday twelve through trains were sent out of Brightwood, East, hauling 313 loaded cars. John Trlndle, the veteran passenger conductor on the Vandalia. who has been confined at his homo for three months with sciatic rheumatism, is so much better that he has taken his train again. The Peoria & Eastern, since July 1, has earned J07S.5, which is $1.S72 less than was earned in the corresponding period of 1S&), but as the road has now struck its best season the next few months will show decided Increases In earnings. Indications are that the present will te a record-breaking week with the Indiana. Decatur & Western in number of loaded cars delivered and forwarded at Indianapolis, the movement of grain, live stock and refrigerator car business being very heavy. The annual report of the Union Pacific, Just published, shows that the company now operates 2;s miles of road. The company has T7 miles of yard tracks and siding. The inventory of equipment shows the company owns 573 locomotives, passenger cars and 15.01)7 freight cars. The interchange of traffic between the Chesapeake & Ohio and the Big Four has not perceptibly decreased since the Chesapeake & Ohio came under Joint control of the Pennsylvania and Vandcrfcilt Interests, and the interchange of passengers has increased this year handsomely over any previous year. One of the four locomotives built at the Schenectady works for the Vandalia was placed in service March 23, and before being taken Into the shop for classified repairs ran 165.013 miles, w. C. Arp, superintendent of motive power, says he thinks the engine would have ran CuO.uyG miles but for an accident. A. B. Caswell, who, a few weeks ago was appointed commercial agent of the Chicago. Milwaukee Ar St. Taul. at Cleveland, to-morrow gees to Des Moines, la., as division freight and passenger agent, and G. W. Blair, who has bten chief clerk of C. L. Rising, in Chicago, ruccccds Mr. Caswell as commercial agent at Cleveland. From fifty to seventy-five carloads of coal are daily transferred over the Celt road, mined In West Virginia, consigned to the Great Northern or the Northern Pacific lines. It Is turned over to the Big Four at Cincinnati by th Chesapeake & Ohio, and the traffic would be even beavler, tays one of the Chesapeake &

Ohio officials who was In the city yesterday, could the cars be furnished to fill orders. President Norton, of the Clover Leaf, yesterday placed with the National Steel Company a contract for 3.( tons of seventy-pound steel rails, to be delivered within sixty days. Another contract for 5.0CO tons will follow shortly. C. A. Parker has accepted the chairmanship of the Colorado Railway Association, to succeed Charles L. Wellington, who resigned to become general traffic manager of the Colorado & Southern Railroad. Mr. Parker has been one of the commissioners of the trunk line pool at Chicago. Joseph Ramsey, vice president and general manager of the Wabash lines, is prominently mentioned as the successor of Charles M. Hays, who will retire as general manager of the Grand Trunk road on Jan. 1. The salary of Mr. Hays on the Grand Trunk Is $15,QmO per annum larger than that of Mr. Ramsey on the Wabash, it Is stated, although Mr. Ramsey receives a very handsome salary in his present position. As a result of the ballot method adopted on the Pennsylvania' lines about three months ago to determine the most popular plan of serving meals on the dining cars of that company, it has been found that a majority of patrons prefer that the table d'hote plan, charging Jl for each meal, be continued. The scheme was sug

gested and put into practice by E. A. Ford, general passenger agent, to ascertain what the patrons of the road preferred. The Northern Pacific will, on Ncv. 1, withdraw trains Nos. 3 and 4, between St. Taul and Billings, thus destroying, so far as the Northern Pacific Is concerned, the double daily mail service on that road between St. Paul, Minn., and Portland, Ore.; but the Postofflce Department has arranged with the Chicago. Burlington & Quincy to continue it? double dally servlc? between all Eastern points. Including New York and Boston, and Portland, Ore. A private telegrapm received In Atlanta last night from Washington says Georga C. Smith, president and general manager of the Atlanta & West Point Railroad, has been decided upon as general manager of the St. Louis-Louisville lines of the Southern Railway, with headquarters in St. Louis. Mr. Smith is expected to take charge as soon as the Louisville, Kvansvllle & St. Louis road, which is now In the hands of a receiver, passes under the control of the Southern Railway. It is stated that five more passenger conductors on the Big Four lines were yesterday notified that their services were no longer needed. They were dropped off of as marly different divisions, making eleven who have received such notice this month. The reasons for the dismissals are, it is said, only known to general Auditor Hewitt and the conductors affected, but It h3S created a good deal of uneasiness among the remaining conduc tors, as the long time and excellent service of the men seems to cut no figure. Next Sunday tho Burlington & Missouri system will Install the third fast mall train from Chicago to the Missouri river and connect with the St. Louis and Portland express and mall train to Lincoln, S'eb. This Is to be the new transcontinental mail service, the contract having been secured from the government on the withdrawal of the Northern Pacific of one of Its trains from St. Paul to Portland. The Burlington has a through train from Chicago to Billings, and goes west from there to Portland over the Northern Pacific. W. S. Weed, who to-morrow becomes general traffic manager of the Chicago Junction Railway, one of the four great belt lines accommodating the traffic of that city, Is, his friends will be glad to learn, to receive a larger salary than heretofore. Mr. Weed, who retired as traffic freight manager of the Toledo, St. Louis & Western on President Norton taking control, has been connected with th freight department of that road since 1S7. Prior to that he was general freight agent of the Lake Erie & Western, and was connected at different times with both the Lake Shore and the Wabash. Ever since the construction of the Missouri. Kansas & Texas through the Indian Territory Its local passenger rates between stations in the Indian Territory has been on the basis of f cents a mile. The customary rate of passenger fares on railroads, except in sparsely settled country, in .1 cents a mile. Tho population of the Indian Territory during the last few years has grown rapidly; there has been a large Increase In passenger traffic on this account, and the M., K. & T. officials, recognizing the needs of the people and the justice of so doing, have voluntarily arranged to reduce the local passenger rates to a basis of 3 cents a mile. This reduction will take place on or about Nov. 1. On Nov. 1 the office of assistant general superintendent of the Southern Railway will bo abolished. It is understood that J. S. Thompson Is to be given a higher position. Vice President and General Manager Frank S. Gannon, of the Southern, will make a number of other changes. William H. Green Is appointed assistant to tho general manager, office at Washington, D. C, In charge of United States mall service, the surgical, insurance, fuel and t'lnlng-car departments and real estate leases. William H. Peddle Is named as assistant general manager at Washingten. D. C. J. H. Barrett, general superintendent, Washington, D. C. Joseph H. Sands general superintendent of the eastern district. Salisbury. N. C; John A. Dodson, general superintendent western division, Chattanooga, Tenn.; David W. Lum, general engineer of bridges. Washington, D. C. The offices of general superintendent of maintenance, assistant general superintendent of tracks, bridges and buildings are abolished, and engineers cf maintenance of way have been appointed for each division. FAVOR UNION LABOR. An Attempt to Finer Post office People in Bad Llttht. The contract for painting the city letter boxes was not awarded to Z. C. Lewis by Assistant Fostmaster Shideler. Mr. Shldeler was under tho Impression that he was an employer of union labor. Mr. Shideler said yesterday that he had had occasion to employ Mr. Lewis before and at those times he employed union men, and he was not apprised until late Monday evening that Mr. Lewis was not In accord with the union at the present time. The article published in Tuesday morning's Sentinel, the postoffice officials declare, was intended to place them in the light of opposing organized labor, when in fact all of the federal officers in the city arc in accord with the unions and employ only union labor. In Memory of 31r. Mary X. Curey. The Indiana Chapter of the Alumnae Association of Wesleyan College met yesterday morning in Meridian-street Church and the following memorial on the death of Mrs. Mary N. Carey, preparec. by Miss Mary Rarlden, was read and adopted; "Whereas, Death in removing Mrs. Carey has taken from us one more of our beloved circle, we, the Alumnae Association of Wesleyan College, desiring to pay tribute to one so dear, do submit the following memorial: Mary Newman Carey was born In Indianapolis and loved her State as many loved their friends. Her enthusiasm In her friendships, as In her loves, with her clear Judgment and her loving Interest made her a good wife, loving mother and loyal friend. Her State pride, with her invincible attachment tp old friends, made her home a center of a graceful and farreaching hospitality. She was tenderly attached to old school friends, and always spoke with enthusiasm of her school days and with love and respect of her teachers. The dominating Influence of her Quaker ancestry gave peculiar earnestness to life and Its memories. I think fidelity was the keynote of her life, and as she enters the unseen the lesson I r.m sure she would Impress ipon us is 'Be ye faithful unto death. She is gone and we have nothing left but the shadow we call memory to bear witness to her virtues, but her life must leave Its sweet Influence upon our hearts, leading us to a higher loyalty, a truer appreciation of our own and tenderer love." Exnmlnlntr the Account. The quarterly examination of the accounts of W. B. Wilson, treasurer of th United Mine Workers of America, was begun yesterday by the auditing committee, composed of John Mossop, North Lawrence, O.; Michael Tagirert, Barnesborn. Pa., and John Pope, of Bellville, 111. The examination will show that the strike In Pennsylvania has not reduced the money In the hands of the organization. The Assessment of 25 cents per month on all union miners is still effective. GARLA'D" STOVES AXD RAXGES Awarded highest prize Paris exposition 1300.

READY TO MAKE REPORT

GRAM) J LH Y EXAMFVES COIACTL3IAX JOHN 31. IIIfiGIXS. He Wan Before the Jury for Two Hours-High Court ltnlln; Other Court Caes. Prosecutor Pugh said last night that the grand Jury Is now ready to make a report to Judge Alford, of the Criminal Court, on the Investigation of John M. Hlggins as soon as George Hanch, a member of the grand Jury who has been 111 this week, is able to meet with the body and sign the report. The grand Jury completed Its Investigation In the Hlggins matter yesterday. The chief witness of the day was Hlggins, and he came out of the grand jury room slightly flushed, but showing no other visible evidence of the examination to which he was subjected. He was closeted with the grand jury nearly two hours. It 13 said he became quite agitated while being questioned, and owing to assertions he made it was necessary to call other witnesses before the investigation was completed. William R. Williams, Mayor Taggart's private secretary, and Charles Setcamp were witnesses during the mornlnjr. Mr. Setcamp Is bookkeeper at the Indianapolis Brewing Company, and it is presumed he was interrogated regarding the brewers' tax ordinance. Hlggins remarked after he left the grand Jury room that Mayor Taggart would go on his bond if he asked him to do so, but he had other friends in the city who would aid him, if necessary. Hlggins does not expect to be indicted, however. The grand jury Is composed of four Republicans and two Democrats, and it takes five to Indict. Prosecutor Pugh, it Is said, has prepared three indictments, one of them being for bribery. It is also said there will be no other Indictments returned, notwithstanding Hlggins Is alleged to have made charges against other councllmen. Should the grand jury indict there seems to be no doubt that resolutions will be offered in the Council to Impeach the councilman from the Fifteenth ward. Many of the Republican members of the Council favor such a resolution If the grand Jury fails to take action against Hlggins. The report of the grand jury is awaited with great interest. . The grand Jury yesterday took up the investigation of the Wilhelm murder, and examined a few witnesses during the afternoon. Other jail cases will bo investigated at once. CITY CAX REMOVE TOLES. A Jndffnient Reversed by the Snprcine Court Other Fase. The Supreme Court, yesterdaj, reversed the Judgment for $4,000 recovered by John D. Edwards against the councllmen, city attorney and marshal, of Decatur, Ind., for damages on account of tearing down his poles and wires and thereby destroying his electric light plant at that place. The court held that where a city grants permission to erect poles and wires in Its streets for the purpose of lighting the city by electricity, and expressly reserves th right to revoke the grant and compel the removal of the poles. Its officers are not liable in damages for ordering the owner to remove the poles, when his contract expires to make way for a system of lights belonging to the city, nor for removing them in a proper manner if he refuses to do so. Sparks from an engine on the Lake Erie & Western Railroad set fire to the mill and adjoining buildings of George E. Reiser and his brothers and sisters. In a suit for damages they recovered $S73, and the judgment was affirmed yesterday by the Appellate Court. The Judgment of $100 recovered by Gen. Thomas A. Morris against the city of Indianapolis for city taxes paid by him in 1SS8 and 1S.T0 was affirmed by the Appellate Court, yesterday. 1 ; Dlroree Refused n Second Time. Judge Leathers yesterday refused to grant a divorce In the suit of Elizabeth Blue against Uriah Blue. This was the second attempt of Mrs. Blue to secure a divorce. Judge McMaster having refused ber a decree on a suit filed about two years ago. Mrs. Blue said she and her husband have been married about twentyfour years and that he has been paralyzed for about thirteen years. She alleged he was guilty of cruel treatment and failed to provide for her. Mr. Blue testified he offered to support her, but she refused to receive his aid. Three Divorce Complaints. Two men and one woman appealed to the courts yesterday for the severing of nuptial knots. Jeremiah B. Offutt alleges that his wife. Zona B. Offutt, treated him cruelly; Samuel T. Holt avers that his wife. Caroline, files Into a rage without the slightest provocation and cruelly mistreats him; Etta Caylor accuses her husband Walter of Intimacy with other women and with cruel treatment. Administrator of Rosa Estate. Late yesterday afternoon the application of Fred T. Ross to act as administrator of the estate of his father, James R. Ross, was filed in the Probate Court. Mr. Ross gave bond in the sum of $101,000 with his mother, Thesta Alice Ross, widow of James R. Ross, and Henry C. Thomson as sureties. Mr. Ross died Intestate and it Is estimated his property, real and personal, amounted to $50,500. Wnntn $5,000 for Damnared Affection. Martha Richardson wants $5.000 from James A. King because she claims he promised to marry her and did not live up tu the agreement. She filed suit for the amount in Superior Court yesterday. She avers that King married another woman. A Peculiar Snlt. John T. Keys filed suit yesterday against Fred Stahlberger for $1,000 damages, alleging that Stahlberger entered a room where the plaintiff's wife lay ill and frightened her badly, delaying her recovery. THE COURT RECORD. SUPREME COURT. 1SSC6. Coverdale Vs. Edwards. Allen C. C. Reverted. Raker, C. J. I. Where all the evidence admissible under an answer in justification is admitted under the general denial, the sustaining of a demurrer to such answer is harmless. 2. The control of streets and highways I primarily in the Legislature, but the- Degl 1laturo has delegated to municipalities the exclusive control of their stretts and alleys subject to the discretion of the- municipality. 3. Where a itrant by a Common Council authorized the placing of poles and wires In a street for street llKhtlns;. provided that "the said Council hereby reserves the rlht to revoke this grant, and demand the poles bo removed, and remove the name if necessary." Held, that the prant waa a bare license, revocable without cause at the will of the Council; and It could cause all poles and wires to be removed. 4. A preamble i no part of the resolution, but may be looked to in aid of ine Interpretation of an ambiguity; but if the tfrms of the resolution are clear the preamble cannot be allowed to cast a doubt or meaninje. 5. The motives r influences t iat lead councllmen to pass resolutions are irrelevant if the subject matter 1. within the scope of their authority. 6. Where the question of damages relates to the removal of obstructions from the treets. the measure of damages Is the difference in value between the poles, etc. (obstructions), properly removed and as they were actually removed. 7. Justification 1 a de-fense that must b' affirmatively pleaded. 10416. Moore vs. Kansdel. Clinton C. C. Advanced. Minutes. 1WA In th matter of the application for th removal of John L. Pasklns as trustee of Hensley township. Jchnsnn county, Indiana. Mario. 1 C. C. Reply brief for State (2." 1?42S. State ex rel. John Milton Rhedes vs. Indiana Board of I'hirmacy. Marion S. C. Appellant's replv brief i.) C. I. & L. Ry. Co. vs. William R. Rrown. Jasper C. C. Return for extension granted. APPELLATE COURT. GW. City of Indianapolis vs. Morris. Marlon S. C. Affirmed. 'omstock. J. 1. Repeals of legislative enactments are not favored. It is only where the provisions of different acts are Ku clearly inconsistent that they cannot stand together that a repeal will be adjudged. 2. Section 3l"7. lt. F.. ISM. giving the Common Count.il power to refund taxes erroneously collected wa not repealed by the act creatine the charter for the city of IndlHnaiH-.li. 3. Said section provides only for the refunding of taxes assessed and collected. 3173. 1 E. W. R. II. Co. vs. Kelser. Randolph .. C. Affirmed. Wiley, J. i. An assignment of error nut discussed Is thereby waived.

2. When a person knows his property Is In langer of destruction by lire caused by the nKlicnt act of another and uses every reasonable crtort and diliRtnce to save it from impending danger, such care as an ordinarily prudent person would do under like circumstances, and the property is destroyed by the fire he cannot be charged with contributory negligence. 3. Where a tire was started by escaping from a railroud right of way and burned several days in clo?J proximity to adjoining property and the servant of the railroad had knowledge of the existence of the fire for several days. It was their duty on behalf of the railroad to protect such property from its possible consequence. 4. The fact that a fire was started cne day and was appartntly extinguished and afterwards, without any fnterve-ning cause, it springs Into new life and spreads, does not relieve the company from whose negligence It started from liability, where It. through its servants, had knowledge of such facts; In such case they are bound to use every reasonable precaution to prevent Injury as in the, first Instance. s.22. Prussian, etc.. Insurance Company vs. Peterson. Jay C. C. Motion to dismiss overruled. Minutes. Oliver H. Rogue et al. vs. John W. Murphy et al. Pulaski C. C. Appearance and disclaimer of appelle. Buslclc. 3315. Andrew J. Puch vs. Teter E. MillcT. Monroe C. C. Appellant's brief. Appellant's additional brief. SUPERIOR COURT. Room 1 John L. McMaster, Judge. Marlon Bond Company vs. Jane Williams; improvement lien. Dismissed and costs paid. Room 3 Vinson Carter, Judge. Henry Coburn vs. William H. Kattau et al.; mechanic's lien. Dismissed and costs ?ald. Nora Coalson vs. Home Benefit Association. Jury returned verdict for plaintiff for .7. Henry S. Doran vs. L. E. & W. It. K. Co.; carnages. lialnüff dismissed cause. CIRCUIT COURT. Henry Clay Allen, Judge. Michael O'Connor. William C. Elsasser, Louis Elsas.er. Michele Ruggleri. Frederick C. Mayer and Christian Tacke naturalized. Lillian Eads vs. Francis Eads: divorce. Evidence concluded. Finding for plaintiff. Decree of divorce. Judgment against plaintiff for costs, rialntlft forbidden to marry for two years. Katie Qulnn vs. William Kunkle's Estate; claim. Submitted to court. Evidence bearJ, Unding for claimant. Claim allowed for $5 as preferred and costs. Mary A. Krug vs. the Frank Bird Transfer Company et al. ; damages. Trial resumed. Additional evidence heard. NEW SUITS. Martha Richardson vs. James A. King; suit for damages. Room 2. Mary C. Losh vs. Elenore Kuhlmann; complaint for damages. Circuit Court. John T. Keys vs. Fred Stahlberger; complaint for dam a res. Room 2. Jeremiah IS. Offutt vs. Zona B. Offutt: suit for divorce. Room 2. Samuel F. Holt vs. Caroline Holt; complaint for dive reo. Circuit Court. Etta Caylor vs. Walter S. Caylor; complaint for divorce. Circuit Court. Armour & Co. vs. Charles M. Rock et al.: suit to foreclose chattel mortgage. Circuit Court. Edward W. Doser vs. Lewis Burkher; mechanic's lien. Room 1. William J. Kaglan vs. United States Benevolent Society; complaint on policy. Room 1. THE STATE PRISON.

Facts That AVI11 Be Contained in the Rlennlal Report. The Indiana State Prison yesterday paid to the State auditor $S,610.07, the balance due the State on the receipts of the' Institution for the past year. The total receipts for the year were &2,247. The appropriation made for the institution for the year was $03,000, with an additional $73 per annum for every prisoner received in the institution over 800. The receipts for the latter amounted to $340.S8, making tho total appropriation amount to $03.540.58. The report of the warden will show that there Is no deficit In any of the funds and there will be returned to the State treasury from the fund appropriated for discharged prisoners the sum of $3,6fC.6. The total appropriation for discharged prisoners was $7,5X. The average population of the prison for the year was 00.6S. There was consumed from the prison farm during the year products approximated to be worth $1,117 at a cost of $947, which means .a saving to the State of $3.500. The maintenance per capita for the year was $125. There were 2S7 prisoners received -at the prison and 234, who were' discharged, died or withdrawn. There were but five deaths during the year. The biennial report containing the above facts will be riled with the Governor about Nov. 10. CHARGE AGAINST A WOMAN. Jalla Gartner Held for the Theft or a Horse and Rug&y. A woman giving tho name of Julia Gortner, 331 North Capitol avenue, was arrested yesterday by the bicycle police and charged with the theft of a horse and buggy, which was rented during State fair week from Brown & Hilton's stable. The horse was sold at the stockyards for $13. Monday the woman under arrest ordered the buggy, which was at the stockyards, taken to Bruner's stable, and while It was being taken through the streets Patrolman Hanlon recognized It from the description given; He learned the place where it was stored and reported the matter. Yesterday morning the woman called at the stable and while looking at the buggy, which was on an upper floor, the elevator went down and she was delayed until the bicycle police could be called. Detectives Asch and Griffin had previously advised the employes of the stable to watch for the woman. She is defiant and refuses to answer the questions of the .police. It Is thought another woman of some prominence was connected with the theft. FALL PROVED FATAL, John Ileus Dropped Down an Elerator Shaft and AVns Killed. John Hess, a carpenter living at 1323 Madison avenue, who has been employed for jhe last three years at the Lieber Brewery, yesterday, walked into an open elevator shaft and was killed. Mr. Hess had been working near the elevator for the last three or four days and was accustomed to seeing It stand at the floor on which he was working. Yesterday, wishing to descend to the cellar, he walked Into the elevator supposing that it was standing on a level with the floor as usual, and was precipitated into the cellar, a distance of twenty-one feet, the fall breaking his neck. He will be buried from his residence at 2 o'clock Thursday afternoon. Called on General Harrison. A delegation of railroad men called at the home of General Harrison yesterday morning and enjoyed a talk with the exPresldent. The party included F. B. Alley, H. D. Harris, C. G. Duvill, G. A. Dlvely and J. H. Clark, of this city, and Hugh O'Conner, of Wisconsin. These gentlemen called on General Harrison to pay their respects to him and to thank him for what he has done for railroad men. While he was President he sent two or three messages to Congress In which he asked that laws be passed requiring railroads to use automatic couplers and other safety appliances. General Harrison appreciated the visit of the railroad men. Before they left he had his little daughter brought in and the little miss was introduced to her father's friends. Grain Inspectors Rosy. Not for many years have the inspectors of the Board of Trade been as busy as at the present time. On Monday Western lines brought in 111 carloads of grain and yesterday 110, all for Inspection, and' of the 221 carloads of grain brought in during the two days 1S3 were loaded with new corn. T 1 Halloween. Night of eeriest wonders seen Is the eve of Halloween Then things befall too dar to doubt. For all the Fairy World is out And. in the duk or moonlight clear. Miracles once more appear. Ko-ol3. el An. piy. sprite. Flock to celebrate this night; Pranks they play with nut and yarn And, from the garden, fie-ld and barn. Masked they come, keen tricks to try, W ith fortune-telling rlotry. Now youths and maidens by the fire Watch the flames rise and expire; Chestnuts put upon the coals To see what -augury controls Their love or. where the apples float ' In a tub, the omens note. We. too. who may net wander more On Youth's Iridescent shore, tStiH beside the fireplace sit Amidst Love's coquetry and wit. And dream of our lost. Joyous teens. Over uncounted Halloweens. Joel Benton, In tha Outlook.

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THE OPENING CONCERT LAUGH AXD BRILLIANT AI DIE.XCE AT THE G ER 31 AN HOUSE. First Coneert of the Season lty the Musikverein Philharmonic Coneert To-Mspht. A very large and brilliant audience attended the first concert of the Indianapolis Musikverein at the German House last night, which was followed by a dance. The large 'auditorium was filled to Its utmost capacity, chairs being : brought In for late comers. The majority of the women wore evening dress, and altogether the concert was a splendid success, both socially and from a musical standpoint. The orchestra did exceptionally good work and the chorus shows a marked Improvement. The first number by the orchestra, the overture, "Sakuntala," by Goldmark, had an Oriental coloring and richness about it that made a deep Impression. The theme by the "cclll in the first part and again toward the end was handled admirably. One of the brilliant features on the programme was the waltz from Tschaikowsky's "Eugen Onegln," also by tbe orchestra, which leaves the Impression that the composer must certainly have been In a merry mood when he wrote It, there Is such a noticeable difference between it and his other compositions. By far the best work of the orchestra was done in the ballet music from "Henry VIII," by Saint-Saens. divided as follows: "Introduction and Entrance of the Clans," (b) "Scotch Idylle," (c) "Dance of the Gypsies." The "Scotch Idylle" was full of melody, and the "Dance of the Gypsies" was brilliantly executed. The male chcrus, with the orchestra accompaniment, sang "Dein Gedenkich, Margaretha," by Helmund, and "ch, Weisst Du Es Noch," by Fique, and "Das Alte Muetterchen," by Spicker, In an admirable manner. The mixed chorus sang two numbers, "Die Lotosblume," bj Schumann, atd "Koenlgln Waldlleb," by Meyer-Olberslr ben, with the string orchestra accompaniment. The chorus shows a marked Improvement. In the last number the sopranos were especially noticeable for the purity of tone. Philharmonic Concert. To-night at tho Tropylaeum the Philharmonic string quartet, assisted by Earl Percy Parks, the well-known and popular baritone, will give its first chamber concert of the season. Messrs. McGlbeny, Koster. Schellschmidt and Miss Schcllschmldt will render Mendelssohn's "Opus No. 1" and Runenstein' "Opus 17. No. 2." Mr. Parks will sing the cavatlna from Gounod s "Faust" and Chadwick's "Bedouin Love Song." NEW ASSOCIATIONS. The Business Activity Throughout the State Shovrn. The following articles of Incorporation were filed yesterday: The Lea-Hooven Manufacturing Company of Anderson: capital stock, $15,000; directors, Clement W. Hooven. Charles A. Eastmen and Albert L. Lea. The Northern Indiana and Southern Michigan Telephone, Telegraph and Cable Company; capital stock, 20.000; directors. A. J. Hostetier, Rollin Ellison and Alice H. Nelson. The Indiana Transfer and Storage Company of Indianapolis; capital stock, 53,500; directors, F. A. Fromhold. H. L. Koontz and Charles L. De Haas. The A. F. Fanning Company of Auburn: capital stock. $500; directors. Frank E. Eckhart, A. F. Fanning and J. H. Rose. CITY NEWS NOTES. Robert Clark will conduct the meeting at the Lighthouse Mission to-night. William J. H. Johnson, Jr., a bookkeeper of Indianapolis, filed a petition in bankruptcy in the Federal Court yesterday. His liabilities are 53,035; assets, 570. The practice of Jumping on cars caused serious injury yesterday to Will Llnderrran, living at Ray and McCauley streets. His right arm was broken and a deep gash was cut above the left eye. A gasoline stove In the home of William Freese exploded yesterday about noon. Freese and his wife were slightly burned on the arms and hands. The blaze which started In the house was put out by the fire department with but little loss. The Rev. A. J. Graham, pastor of Christ Episcopal Church, who returned Monday from Syracuse, announced that he had accepted the call of the church In that city, and will leave this city about Jan. 1. Th! Rev. Graham's successor has not yet been selected. Walter K. Landis, poslmtster at San Juan, Porto Rico, left that place yesterday en route to Marlon, where he resides. He has a vacation for thirty days, and so arranged it that he might come home to vote. He is a brother of Representative Landis and of Fred Landis. of Logansport. The annual ball of Eureka Lodge, No. 11. Brotherhood of Locomotive Firemen, will be held at Tomlinson Hall to-night. The commlttee on arrangements is composed of Joe Ferrell. W. T. Screes. Tom Sims. Fred Clark. W. C. Watklns. Frank Kirkhoff. Ed Kline, W. O. Johnson, 11. C. Wclrlck and Huge Pfenning. The extra ballots which have been stored away in the basement of the Statehouse for use In an emergency will be burned next Tuesday evening in the furnaces of the Light and Power Company on Kentucky avenue. Last election the extra ballots were burned In the furnaces of the Statehouse. but they were so small that it took from 6 o'clock In the evening until 4 o'clock next morning to dispose of them. Fll Into Pogne'i Run. D. W. West, an engineer on the C, H. & D. Railway, fell from his engine into Pogue's Run near East street yesterday morning. His injuries were serlou and he waa taken to his home at IIIS Woodlawn avenue. A slight derangement of the machinery caused escaping steam and he was unable to see where he was stepping when he alighted from the cab. For PassliiK a Hl Coin. Harry J. Darrel!, of this city, was arrested yesterday for passing a counterfeit quarter on Louis Goldman, the proprietor of a barrel house. He was given a heurlng ' before Commissioner Moores and tent to the Marion county Jail, in default of $3 ball, to await the action of the federal grand Jury. Gust Rösberg. Tailor, 11 North Ftnn. st.

ForAppetitc,HcaIthand Vigor

A TatAa:.M.ajc The Greatest cf Malt Tonics, AM L b ESI E. TS. GRAND Stock Company In Sol Smith IlutcH's famous success 3V Evenings. 2V, ."'X-; matinees, c. boats two weeks In ndvance. PLF.NTY GOOD SKATS LEFT NAT. C. GOODWIN AND MAXINE ELLIOTT Pncntiiiir WHEN WE WERE TWENTY-ONE" Pnces-rA 81.50. H.T.V, Uk Friday, Saturday Nov. 2,3 Saturday Matinee Smyth lVrley prcseut WlIIAM COLLIER IN "ON TIIK OITIKT." Prlces-Nlsht. slv $1, 75c, 3a . 2". Matinee, JL. 7 , 00c, '2.'u t ea t s n u w read y . I ARK! To-Day I TERRY MT.OVERX, the world's champion, iu the sensational melodrama, "The Bowery After Dark" Thursday Hope Itooth lr "Waren Women Wabash and Delaware streets. ONE WEEK Commencing Monday, Oct 29. MATINEE DAILY. EVERT NIGHT. BROADWAY BURLESQUERS Trices of Admission - 10c, lßc, 23c andSOo Next Week "Rice Jt Barton Gaiety Co. to-night - Pro p.vi no u tn FIRST CHAM ER CONCERT ..Philharmonic String Quartette. And Mr. Earl Tcrcy Tarks, Baritone,'" AdmUftlon 75 EDUCATION AI 51St YEAR BEST?HTSTATO Only rermaueot and Reliable One llere. OndiannDoIlo ooiusss c:!ivEnsi? u Our trade-mark past lSyeara. I'wareef Imitators whVnDmdNahone. m & J HEEB, President VORICO'3 USIMESS C0LLEG Methods copyrighted. Tiro anJ money saved Btcond largest In the world. The Stepping Stones of Aly Success Is purity, quality and quantity. See that your grocer gives you BRYCE'S OLD HOMESTEAD BREAD Trice the same as common baker'a bread. INDIANA NATIONAL BANK (Fireproof Dulldln?.) DOES YOUR ni'SINESS COMPEL yon to he often out of town? If 0. would tt not b- wll to place your valuable papers 1n a safe deposit vault undr ynur own lock and key 7 All uslnt;s confidential. Reliable Jewelry OurMiporb array of Diamonds Vatchet and Hterllnj? silver, make w leettnn eay. Everything mav be fullv rt lW-d upon. "Wo wll nothing we don't know all about, and we l 11 yon everything we know about cverj thing you aiic to see. CARL L. ROST, Diamond Merchant 15 North Illinois Street, Opjnillc Hat House. jrreat many remedies are advertl?ed to cur every disease the Mesh is fctlr to. The Aetna Remedy Company Las LOITG' elnce learned that the tosest way to do bcet neas is to give every man value received tot the investment, which can only be dose la the medicine busier; ty following1 tte ZE20-Ä.ID leading to successful cere. We hive nocrxav all in one preparation. For lnntaace Acrn Llood Partner is prepared for Eczema. Knrur.iatim. Catarrh, ana all CIochJ aed fckia VI seaseft We Lave cuitd every caie THAT 23IJ.S com-? nder our ocrvat!-m. Acme Olctrrect cures Tetter. Itchi::? Pile?. Uurn. Cutst etc. Acme KiCuey r.t l.ivrr Cum tor the Md ceys. Liver, lilitlder ard all Krn.ale Coa plaints. Acme Cuu; h yrzi- til tterc la Ir.'Z it down. It currs Croup. Asthma, Throat ndl.uMc Troubles. It cor.tai: no motyhine. cpinni or chloroform. It is !Jon aposltiva C'lara-.tre. Y'Ut in.'ify 1 Af if Vv3 Aitf Di4 aiUiiicvi. A large Cottle fr:5ieau.

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