Indianapolis Journal, Volume 50, Number 305, Indianapolis, Marion County, 1 November 1900 — Page 6

THE INDIANAPOLIS JOURNAL,. THURSDAY, NOVEMBER 1, 1900.

jocrkais nrsixns DinncToiiT. Wm. I Ulc. Zw West A;lcrtan strict. Tlrhonesr OH. 7i-); nw. aiiZ. Territory west of Vhtt river. M.rmi3T& I.EKTKHMANN' FLOUAt. COMPANT. Nvr No. 2U Man. av.. ZZZ S. Del. t. TeL 840. MANTELS AND GRATES P. M. I'l'U-CLL. (Mantels, Furnare), 231 UaJ. tr.

PATENT LAWTET.S V. IL LOCK WOOD. 41S-41S Lfmcke bulM'n?. EALH AND LIVEHY STABLES RortACE WOOD (Carrlars. Traps. Bur. boards, etc.) 25 Circle. TeL K'j7. SHOW CASES WILLIAM VVEIGEU 24Z Pouth Meridian Ftrett. wall PArnns H. C. 8TEVFN3. New gty! Wll Prr. Low rrlcew. S30 N. Senate avc. Tel. 2 on 2552. FU.N'EJtAL DIRECTORS ADAMS A KRIEOER. No. LV N. Illinois st. Lady attendant. Both 'Phones, mi. FRAN'K RLANCHARD. M N. Delaware at. Tel. 411. Lady Attendant. TT'TEWILER & SON. Undertakers. 12 W. Market Et. Tel. 216. IfI5EItAL DIRECTORS. rLANNER & DUCIf AN AN (Licensed embalmers.) Can ship diphtheria and scarlet fever. Lady embalmer for ladle and children. 220 North 1111noU at. Telephon CIL new and old. Old 20. C. E. KREOEt). New 250. fcneual DIRECTOR, K3 N. Delaware St. residence 128 E. Vermont Ft. (Colonial Flat.? New Phone. 17. FINAXCIALu LOANS Money on mortgage. C F. BATLE3, 127 Bant Market street. . LoaNü on city property; V ir cent.; no commission; money ieady. C N. WILLIAM- & CO.. 313 Lemcka building. 1 1NANC1AL Loans made to nonest salaried people, holding xerman''nt positions with resjonstfcle concerns, on their own names. Easiest terms. Get others' rates, then see us. Str.ictly ccnndentlal. HKCUI1ITT" MORTOAUB LOAN CO., 2j7 Indiana Trust building. SOCIKTV ISOTICE. MASONIC Pentaljha Lodge. No. W4. F. and A. Ma.ons. State! me-tintr thi (Thursday) evening, Nov. 1, in Masonic Tempi, at 8 o'clock. ELM EH A. SMYTIIE. W. M. F. T. M'QUIDDY, Secretary. STORAGE. bTORAOC The Union Transfer and Storai Company. corner East Ohio street and Hemline tracks; only nrst-class storage sollrltcd. CKATLMJ AND PACKING OF HOUSEHOLD GOODS A SPECIALTY. WANTED MISCELLANEOUS. WAKTETScntaTw of Dentistry, southwest comer of Ohio and Illinois streets. No charge, except tor cost of materlaL TOR SALE. FOR SALE The Hotel Windsor, at Rushville. lnd. A larre brick building, tin roof and ! srriod repair. The lessee will sell the furniture, etc., at a bargain. Good reasons for desirinsc to fell. Address O, C. BIIANN, lessee, or CAPT. J. II. MAUZV. owner, Rushvllle. lnd. THE RECORD SHOWS THE PACT. tlryan Voted Asnltiat Teaching En, llah In TV'cvr Sle-lcu'a Public Schools. To the Editor of the Indianapolis Journal: During the last week numerous telegrams and letters have reached me from various parts of the country asking for the facta connected with Mr. Roman's vote against the teaching of the English language In the schools of Xaw Mexico. As journal clerk of the national House of Ttepresntatlves, and being familiar -with trw proceeding- thereof. I have concluded to ive out the following statement so that the factH may bo known as they absolutely exist: On Jbne 27, 1S31, the House was proceeding under a special order, having under consideration House Hill 353 of the Fifty-third Congress, being "A bill to enable the people of New Mexteo to form r constitutional and State government and be admitted Into the Union," etc. The folloning paragraph, being a part of Section 3. was pending: "Fourth That provision shall be made for the establishment and maintenance of a system of public schools which shall be open to all the children of said State and free from sectarian control." Mr. Smith, of Illinois (Republican), submitted the following amendment: "Insert on Tag 5, In Line Z2, after tha word 'control the following: 'And in all of which public schools the English language shall be taught.' " After two hours debate, In which th?. Republicans appealed to the Democrats to accept this amendment, Mr. Joseph (Democrat), delegate from New Mexico, emfhatlcally refused. The following ltepub(cans spoke In favor of the amendment: Mr. Smith, of Illinois; Mr. Hopkins, of Illinois; Mr. Clear, of Iowa; Mr. Perkins, of Iowa; Mr. Bingham, of .Pennsylvania, and Mr. Burrows, of Michigan. The following Democrats spoke In opposition to the amendment: Mr. Joseph, of New Mexico; Mr. O'Neill, of Massachusetts; Mr. Wheeler, of Alabama; Mr. Boatner, of Louisiana, ond Mr. Craln. oC Texas. During the course of the debate Mr. Hopkins, of Illir.o's (Rep.), said: "1 trust the gentleman from New Mexico will not object to so reasonable an amendment a this. It does not prohibit the teaching of the Spanish or any other language In the public schools If tho Legislature chooses to provide for It. I trust that there is patriotism enough In the Democratic party in this House to decline to admit New Mexico Into the Union as a' State Unless so Just and so proper an amendment as this be adoited." Mr. Bingham, of Pennsylvania (Rep.), said: "I believe that the English language, with no exclusion of other languages, as the language of th Nation and its laws, should be prescribed peremptory, and should b the basis of the education of the young men of the State of New Mexico." On motion of Mr. Burrows, of Michigan Rep.), the yeas and nays were ordered, and. as recorded on I'age CMt of Volum Z Part 7 of the Congressional Record, and also Houo Journal, second session. Fifty-third Congress, Page 433, the yeas (lavorlng the amendment were 81; th nays (opposing th amendment), 117. Of the 84 voting In the affirmative six were Democrats, namely: English, of New Jersey; Goldzler. of Illinois; Harter of Ohio; Ikirt. of Ohio; McNany, of Indiana, and Ititchle. of Ohio, voted for the amendment. Also four Populists Harris, of Kansas; Hudson, of Kansas; Kern, of Nebraska; McKelghan. of Nebraska, voted for the amendment. Of the 117 votes cast against the amendment one Republican Hepburn, of Iowa voted against It. Both the Record and the Journal show Jlr. Bryan as voting In the negative, that Is. against the amendment. A further n endment was. proposed by the Republicans (by Mr. Wilson, of Ohio, as follows: "On Tag 3, after Line I2t Insert tho following: 'And for u-uchinj? the Knglisn language as a branch of study In .ill public schools, but not to the exclusion of other languages. ' " The yeas and nays are recorded on this amendment also, being Si In favor of tho amendment, and 11 against It. Four lHmcrrat voted with four Populist for the amendment. No Republican voted against It. Mr. Bryan Is recorded as votlnic no against the amendment. (Record, same as above, I'age tel'j; Journal, same as above. Page Iii.) The foregoing becomes very Important at this time, as the Democratic and Po;lillit papers and speakers have challenged the statement contained In the Republican Campaign Text-book of pages 37 and IS. as not representing facts as recorded In the record. I have made a. careful comparison of the vote and find It correctly rtated In the text-book as above reItrred to. THOMAS H. M'KEE. Journal Clerk, It. It. Washington. I. i. Oct. I. The Journal' Reduction la Price. A wrong Impression sterns to prevail amon? certain of the subscribers to The Journ.iI, namely, that the. recent reduction In the subscription price of tho paper was only temporary, and that a return to fcrnier rates would take effect when the cajnp iign closes. This is un error. The present published price of the paper will be vrmanently inuintatned and its high Jtau-ard will In no way bo Impaired. Send In your subscriptions to us at the published rute or hav the paper delivered to you iy our agent in your locality.

THE AIR-LINE TO BE SOLD

THE COl'RT FIXES NOV. 2 AS DAY OF SALE AT IILWTINGIllUG. Vnnilnlla Attorneys Preparing to Appeal to IIlRher Court In the Litigation with the State. Second Vice President Flnley, of the Southern Railway, yesterday confirmed the, report of the appointment of George C. Smith, present general manager of the Atlanta & West Point road, to be general manager of a division of the Southern Railway, to comprise both the Louisville, Evansvllle & St. Louis, generally known as the Alr-llne, and the present Louisville division of the Southern, running from Louisville to Lexington. The Louisville Air-line road Is now In the hands of a receiver and will be sold under foreclosure of certain mortgages Nov. 22 at Huntingburg, lnd. The Southern will buy it in. A Lonj; Receivership In Prospect. One of the attorneys of the Vandalla said yesterday that they were preparing to appeal from the decision of Judge Carter In the case of the State of Indiana against the Terre Haute & Indianapolis Railway, and, should the Supreme Court of Indiana sustain Judge Carter's decision, the case would then be carried to the United States Supreme Court. On Nov. 14 the Vandalla will have been In the hands of Receiver Malott four years, and from present indications will be for three, possibly rive, j ears to come. Fortunately, as a high official of the Pennsylvania road said, under the receivership the road is now operated as economically and successfully for Its owners as It could be under any management that could be selected. Annual .Meeting of the IHg Four. At the annual election of the Cleveland, Cincinnati, Chicago & St. Louis Railway Company in Cincinnati yesterday W. K. Vandertilt, Chauncey M. Depew, J. Flerpont Morgan and Melville E. Ingalls were re-elected directors for three years. There wert tiO.OOO shares preferred and over 200,000 shaes of common fctock voted, although I'resldent Ingalls, Vice Fresident Layng, Treasurer Cox, Secretary Osborne ana a few others were the only ones present. The annual report had been previously published. Among the Improvements contemplated is a short line via Rising Sun to Louisville, and this is to be considered at the meeting of the directors in New York next week. Personal, Local and General Notes. 'Frnnd J. Reed, general passenger agent of the Monon lines, was in tho city last evening. The wife of R. J. McGlll, passenger conductor on the Big Four, la seriously ill, and yesterday he was off duty. William R. Burns, for many years roadmaster of the New York Central, died at his home, Lockport, N. Y.. on Sunday. J. T. Harahan, vice president and general manager of the Illinois Central, yesterday completed his tenth year in that position. Traffic over the Belt road has so Improved that Superintendent ZIon ordered that two more engines and crews be put in service. W. H. Carbee yesterday completed his thirty-second year as messenger of the American Express Company, running between Indianapolis and St. Louis. Mr. Peck, one of the conductors dropped a few days ago on the Big Four, has been reinstated, and it' is said that two others that were dropped will be reinstated. Plans and specifications have been prepared by the Toledo, St. Louis cV Western for a new depot at Frankfort. It will be a brick structure resting on stone foundation. T. M. Devereaux. who has been agent of the Merchants' Dispatch Transportation Company at Columbus, to-day goes to Cincinnati as general Southern agent of the Dispatch. L. G. Cannon, formerly of this city, who recently retired as controller of the Colorado Southern, was presented with a diamond, stud costing $3j0 by his associate officials and employes. G. S. McKee, formerly master mechanic of the Big Four, now master mechanic of the Wabash at Fort Wayne, is seriously ill with quinzy, and has been confined to his home for several days. Barber Thompson, who has been assistant general manager of the Southern Railway, a poiitlon abolished a day or two ago, has been made general agent of. the company, reporting directly to the second vice president. It Is stated the Southern Indiana road will construct a s"even-mlle branch from Jasonvllle, Ind., to Jackson Hill, on the Evansvllle & Terre Haute. By this branch they will touch the richest coal fields in the State. Tho second track of the Belt road between the Peoria & Eastern tracks and Brlghtwood was opened to service yesterday. The Belt road, its entire length, with the exception of ono mile, is now doubletracked. C. R. Ryan, assistant general passenger agent, A. L. Elliott, traveling passenger agent, and T. A. Garrlnger, southeastern passenger agent of the Chesapeake & Ohio lines, are on an extended southwestern business trip. The Baltimore & Ohio to-day adds to its passenger department a new branch, to be known as the excursion department, to be under the charge of George De Haven, formerly general passenger agent of the Grand Rapids & Indiana. Tuesday was the largest day with the Indiana. Decatur & Western on business lato Indianapolis, the -oad bringing In ninety-eight carload3 of corn shipped from points on Its line, and would have done more had it cars to fill orders. The big G-4-A engines recently placed on the Tanhandle to haul the fast through freight trains are proving a success. The engineers like these engines, as they can make speed on the favorable stretches of track and climb grades with little trouble. There is said to be unimpeachable evidence that some of the east-and-west lines are again paying commissions on sales of tickets. The matter is being handled Judiciously. It is thought by some that such a violation of the agreement will lead to breaking it clown. It is said traffic managers of the Eastern trunk lines have been asked by President Ingalls. of the BJg Four, to meet representatives of Western railroads in Cincinnati the latter part of this week for the purpose of taking steps to restore tariff rates on west-bound freight trafilc. C. E. VVlckersham, general superintendent of the Alabama Great Southern, with headquarters at Birmingham. Ala., will succeed George C. Smith as president of the Atlanta & West Point and the Western of Alabama Railroads. Mr. Wlckersham will assume his new duties in Atlanta on Nov. 13. Frank R. Garrison has been appointed acting general freight and passenger agent of the Flndlay, Fort Wayne &, Western, and on Jan. 1, with the retirement of General Freight and Tassenger Agent Finney, will succeed the latter. Alexander Strausz, Jr.. acting auditor, has been appointed auditor of this company. The freight movement of the middle di vision of the Pennsylvania road between Altoona and Harrlsburg was on Friday last the largest of any day in the road s history. t.S0O cars being handled in the twenty-four hours. It is stated that the October business of the road will exceed any movement in the company's history. Judge Sanborn made an order at St. Paul yesterday for the discharge of the receivers of the Union Pacific Railway Company as receivers of the hospital fund on their paying Into the registry of the court the remainder of that fund, which has not been nlstrlbuted. and placing their report on file lor the time prescribed by the rules of the court. The amount of money for distribution to those who contributed to the hospital fund of the railway company was $04.273.30. A. Gaxlay has been appointed commercial ugent of the Grand Trunk at Cincinnati. This agency, In addition to duties with the Grand Trunk Railway system, will look after the Interests of the Great Eastern Line National Dispatch, the Reading Dispatch, the Grand Trunk Dispatch and the Commercial Express lines. Their territory will be In the South and parts of Indiana. Illinois and Ohio. E. F. Fllnn will be traveling freight agent. The Pittsburg & Lake Erie. Lake Shore I and Wabash carried the Neilson Opera Company through from Pittsburg to St. LomIb la sixteen hours and forty-three

minutes, two minutes quicker than the fastest train of the Pennsylvania line between St. Louis and Pittsburg. The route is fifty-one miles longer than the Panhandle and Vandalla. An official of the Lake Shore said this should not be taken to mean that a line over these roads between the two points named is to be established. Charles E. Kimball. New York, and Samuel P. Wheeler, Springfield, receivers of the St. Louis, Chicago & St. Paul Railroad and the Chicago, St. Louis & Peoria Railway, appeared in the United States Circuit Court at Springfield, 111., and made final report of receipts and disbursements. These were received and Judge Allen made order discharging them as receivers of the roads In question and approved the order of discharge. This is final action in the suit of the Mercantile Trust Company, of New York, against these roads. The passenger department of the Lehigh Valley has prepared a table of some fast runs of the Black Diamond express. ' The regular time of this train. New York to Buffalo, 44S miles, is nine hours and twelve minutes. Special attention is called to the fast run made July 21, when a distance of thirty-four miles was covered in twentythree minutes; another when 43.9 miles was covered in thirty-three minutes, or at a speed of eighty miles an hour. It is stated that frequently this train maintains a speed of a mile a minute between Sayre

and Buffalo, a distance of 177 miles. The Chicago & Grand Trunk Railroad was sold at Port Huron, Mich., yesterday under first mortgage foreclosure proceedings brought by the Mercantile Trust Company of New York in accordance with a decree of the United States District Court. General Manager C. M. Hayes and E. W. Meddaugh, of Detroit, representing tne stockholders of the road, were the only bidders, the road being sold to them for .7C,701.04. Of this amount $3.437.000 rep resented the mortgages and $271, 01.0 1 was interest. Walter Harshjf. of Detroit, spe cial master commissioner, conducted the sale, which occupied ten minutes. A circular from the general offices of the Mobile & Ohio states that henceforth the system will be operated in two divisions. H. W. Clarke, who Is now superintendent. with headquarters at St. Louis, has been appointed superintendent of the St. Louis division, with headquarters at Cairo, 111., and J. B. Clark, superintendent of the Jacksonville division, has been appointed superintendent of the Mobile division. Henry Fonde, now superintendent of the Mobile division, has been appointed general agent. The general freight agent of the same road announces that J. E. Cunning ham, general agent of the Mobile & Ohio at West Point. Miss., has been assigned to other duties and the position Is abolished. C. E. Darling has been appointed traveling freight agent, with headquarters at West Toint. Miss. AFTER THE REPORTERS THEY MUST TELL GRAM) J I'll Y AV1IERE THEY GE.T INFO U 31 AT I O N'. One .Xewsjrathcrer, in Running Array, Hurt Ills Foot Still Another Phase of IIIffKlns Inquiry Yesterday afternoon, when the grand Jury was about through examining witnesses and the afternoon newspaper reporters were tlttlng- directly in front of the door to the ante-room, where they have "camped" ever since the investigation began, Thomas Shufelton came out and announced that all were to appear before the grand jury. At first this was regarded as a joke or a scare. Mr. Shufelton said the papers had said so much about what the grand Jury was doing that they wanted the reporters to appear and tell where they got their Information. If there was a "leak" the grand jury was going to find it. After some discussion the reporters bocame convinced that the juror meant what he said, and when his back was turned a rush was made for the elevator. The hindmost was hailed by Mr. Shufelton before he got around the corner of the hallway and taken into the grand jury room. The others went down in the elevator, declaring they had not been summoned or notified by the prosecutor and would not return. Later, however, they went back, but all did not testify. Prosecutor Pugh say3 tho summons is no joke and the newspaper men will have to appear before the grand jury and tell how they got their Information. In returning to the grand Jury room Ray Long, one of the escaping: reporters, had a very narrow escape from a serious accident. His foot caught between the elevator and one of the floors, but the quick action of Charles Brown, the elevator man, in reversing the lever, saved it from being crushed off. As it was, his foot was badly bruited and there was a deep cut across the sole of his shoe where It had been pressed against the edge of the floor. No report was made yesterday owing to the absence of Juror George Hanch. who is detained at home on account of sickness. It was rumored about the courthouse in the afternoon that Hanch had been seen driving around in his buggy and was using his Illness as a pretext to delay the report until after election. After the grand Jury adjourned Prosecutor Pugh drove out to Ilanch's house, six miles in the country, to investigate the report. Hanch was not in bed, but said he is unable to make the trip to the city. Prosecutor Pugh satisfied himself that Hanch was really ill and that it would not do to attempt to drive to the city unless he improves. It was thought he might be able to be present to-day. Yesterday it was suggested that the evidence might be taken to his house and read to him and all the Jurors could go there and make their report. Judge Alford said such a plan would be impracticable, and added that if it b-ecame necessary he will discharge Hanch, appoint a new Juror, have the evidence read to him, and then the body can report. There is now a story to the effect that the grand Jury received evidence yesterday to warrant an indictment on a charge of receiving a bribe as well as soliciting one. It is said that at a recent meeting of the Indiana Brewers Association a representative of the Indianapolis Brewing Company said he had spent $1U0 In connection with a brewery ordinance, and asked the association to refund the money by each one paying his portion for the benefit derived from the ordinance. It is said Hlgglns and another councilman were implicated in this deal. The name of the other councilman could not be learned. The following testified before the grand jury yesterday, which shows that the Investigation was along that line. Joseph Schaf, of the American Brewing Company; Fred Grossart, and Charles Setcamp, of the Indianapolis Brewing Company; Andrew Iiagan. of the Home Brewing Company; Captain Bieler and his son Charles, of the AnheuserBusch Brewing Company, and Evans Woollen, attorney for the Brewers' Association. The Wilhelm murder case, with other Jail cases, were also investigated by the grand jury. Most of the testimony in the Wilhelm case was taken yesterday, and it will be completed In a short time when other matters are out of the way. All Souls' Eve. "Mother, I've barred the shutters close; The wind is loud and wild." "Xnr bar nor shutter on this night Will keep It out. my child." "Mother, what makes you shiver, so? The fire is quick and warm." "1 hear tho voices of the damned. That cry upon the storm." 'Mother, why da they come out to-night To ride upon the wind?" This one nlRht they have leave to go And pray where once they sinned." Mother, sure never sinner's soul Has need of coming here." "Oh, hush, my child, and let me be! The wind is passing near." "Mother, what sobbed across the floor? What wa It fhudJered so? Oh. I am leard. you strain so white And star so wide with woe 'What wa it walled beside the Are? Oh. huld me In yur arm!" "Alas! it was the soul of one That wrought us deadly harm." "Mother, and Is he not In hell. And burn in r. heart and limb?" "Gfui knows he is. but would to God That 1 were there with him!" Katharine Allen, in November Century. "i HGARLAXD" STOVES AND RANGES Awarded highest prlrd Paris exposition 1900,

CITY AND ITS SURGEON

THE FORMER NOT LIABLE FOR LATTER'S PROFESSIONAL ACTS. Judge Lenthera's Ruling; In a Damage SaltIn the lllh Court Other Cases. Judge Leathers, of the Superior Court, recently made two rulings in suits affecting the city. One was that of John Allen against Dr. Wilmer Christian and the city of Indianapolis for $5,000 damages. Allen alleges he had both wrists and a leg broken while performing his duty as a fireman on the city fire force, and was otherwise injured, leaving him permanently crippled. He avers the treatment of Dr. Christian, the police surgeon, was unskilled, and that the phsician was negligent in ministering to him. A' demurrer was filed to the complaint, and in ruling on the demurrer Judge Leathers held that so far as the city is concerned it is not responsible for the acta of tho surgeon and cannot be made a party to the suit. He said the city is not bound to supply & surgeon to treat it3 employes free of charge, and that the surgeon, is furnished more through charity; also, that Allen was not compelled to. accept the attention of the police surgeon. He held that Allen might attempt to recover from the physician, as it was entirely a personal matter between the two. The decision, while It Is only on a demurrer and places a legal construction on tho complaint, has a wide scope. It relieves the city for all liability for acts of Its employes or agents. Evidence may show in tho trial that the city should be a party to the suit filed, but the principle remains unchanged, and unless governed by current circumstances It will apply to all similar cases. James V Taylor, another fireman, brought suit for ?5S.0, which he alleges Is due him.' He avers that while he was a member of the fire department the present city administration deducted pay for thi days off he took each week, amounting to the sum asked for. In ruling on the demurrer Judge Leathers held the act of the city illegal. He said firemen are employed on a salary, and as It was the custom to allow them to have a day off once a week the city had no right to dock him for time lost. POLICE C.Ot'RT CASES. John O'Callahan. a Peddler, Hea-lly Fined Other Sentences. In Police Court yesterday John O'Callahan, a peddler, was fined $100 and costs and given thirty days in the workhouse for drunkenness and $30 and costs for peddling without a license. Complaint was mado that he insulted a woman upon whom he called and who. refused to make purchases Of his goods. Oscar Fisher, charged with petit larceny, was sent to the workhouse on a fine of $10 and costs and ninety days' Imprisonment. Julia Gartner, the Woman charged with the theft of a horse and buggy from the stable of Brown, Hlnton & Son during state fair week, was bound over to the grand Jury. Harrison Blcknell, charged by Mr3. Nlckols with embezzling $200, waived examination and was held for examination by the grand Jury. Willlamy Able and Bertie Stratford, charged with maintaining Illegal relations, were each sent to the workhouse on fines of $25 and costs and Imprisonment for ISO days. A VERDICT FOR ?,00. That Amount Awarded to Mary Krug hy a Jury, The Jury In the case of Mary A. Krug against the Frank Bird Transfer Company and the Indianapolis Street-railway Company for $5,000 damages last right returned a verdict of $2,D00 for the plaintiff. Last January a street car collided with a cab standing on the west side of the Union Station and she was thrown out through the top of the cab. In the trial the transfer company said the street caricompany was responsible and the street car company said the transfer company was responsible. Mary Krug now has the damage awarded her and it is left with the defendants as to who shall pay it. In the Hlffh Conrtn. The Supreme Court yesterday reversed the case of the State of Indiana vs. Milton Osborn and others, holding that one who becomes a bandsman for the appearance of a person charged with crime must, when the case is called for trial, see that the person is there at the time or submit to a forfeiture of the bond. The fact that a person accused is Innocent of crime, or that the crime was committed In another county Is no defense to an action on the bend, If the man accused does not stand trial and obtain an acquittal in a legal manner. The P., C, C. & St. L. Railway Company appealed to the Supreme Court to sustain its opposition to the construction of a drain ditch across Its right of way in Laporte county, and the appeal has been pending for some time. Yesterday the company appealed for an injunction, but the Supreme Court overruled the motion and refused it. The Judgment of $2,S00 recovered by the widow of John Reed against the Union City Electric Light Company for the death of her husband, who was killed by a shock from one of the company's wires, was affirmed by the Supreme Court. American HI cycle Company Sued. The cases of George W. Marble and George H. Thayer, Jr., who each filed a suit in the Marshall Circuit Court against the American Bicycle Company, were yesterday transferred to the Federal Court. Marble and Thayer were the principal owners of the capital stock of the Indiana Novelty Manufacturing Company, at Plymouth. On the ISth day of May, 1S90, they agreed to sell and did sell to the American Bicycle Company all of the capital stock of their company. It is alleged by the complainants that under the contract of sale they were to be employed for five years as managers of the new concern at a salary of $5,000 per year. They further state that they entered upon their duties May lü, 1S33. but were discharged March 19, 1900. Each complainant asks damages in the sum of $25.000. Endlen Chain of Snltn. In the suit of Thomas F. Henaley against Louis Kamlnsky and others to foreclose a mechanic's lien Judge McMaster, of the Superior Court, yesterday gave Judgment to Maxey & Burnett, codefendants, for $169 againrt Kamlnsky on their cros complaint, and found for Kaminsky on the original and other cross complaints. Judge Allen, of the Circuit Court, also decided a case in which Kamlnsky figured in his court. Marcus Lewis brought suit to foreclose a mechanic's lien some time ago, and yesterday Judge Allen gave him Judgment for $157. This Is the suit in which it Is alleged Kamlnsky forged a receipt. Kaminsky has now gone around the entire courthouse with his suits, and each Judge has heard his side of the various matters that brought him Into litigation. Woman Seeks Support. Margaret A. Ware brought suit against her husband, David A. Ware, the city of Indianapolis. Armin C. Kochne and K. M. Johnson yesterday for support. She says her husband is Janitor at the South Side market houe. earning $45 a month, but falls to provide for her and in September abandoned her. The court is asked to prevent City Controller Johnson from issuing warrants for payment for his services and County Treasurer Kochne from paying any that miKht be presented. She wants n allowance of $20 a month. They were married Nov. 20. nv,. Motion In Vandalla Case. Tho State yesterday filed a number of motions with Judgö Carter to amend hia Judgment against the Vandalla IUllroad

for $312,905, making it larger, and also a motion for a new trial. They were all overruled by the judge. This was merely a matter of technicality In order to prepare tho records to take an appeal to the Supreme Court.

Piles a Cross Complaint. Edgar E. Shilling yesterday filed a crosscomplaint to that of his wife, Grace Shilling, for divorce. He alleges she chased him around with a sharp grass sickle and tried her best to catch him, threatening all the time to kill him. THE COURT RECORD. SUPREME COURT. 19497. State of Indiana vs. Osborn. Parke C. C. Reversed. Monks. J. l. When a court has Jurisdiction of the general subject, and Us Jurisdiction of the particular case depends upon a fact or facts which are to be tried and determined, the decision of the tribunal, even though erroneous, is not void, but is conclusive against collateral attack. 2. The fact that an offense set forth In an Indictment or affidavit and information was actually committed in a coumy other than the one alleged does not affect the Jurisdiction of the court to try and determine the cause: and the court has complete Jurisdiction to require a recognizance on the part of the defendant for his appearance: and the fact that the crime was committed In anothei county is no defense to an action on the recopnizsnoe after forfeiture of the same. 5. The courts trs Judicial notice of the names and signatures ot their officers. 4. The sureties upon a recognisance bond are the Jailers of the principal, and are liable for his nonappearance. 1&S40. Weston Parer Company vs. Pope. Shelby C. C. Petition for rehearing overruled. Minutes. 19433. Glenn Dillingham et al. vs. Condie' M. Parks et al. Marshall C. C. Additional copies appellants' brief 7.) 13447. Margaret Morell vs. David Morell. Huntington C. C. Appellant's brief (8.) 1SU31. James T. Layman et al. vs. Isaac V. Buck et al. Greene C. C. Appellees brief on certiorari. 1315. The Pittsburg. Cincinnati. Chicago Ä St. Louis Railroad Company vs. Ernestlna llalcher et ai. Laporte C. C. Appellant's affidavits. Petition for Injunction refused. APPELLATE COURT. 2üSl. Hollis vs. Roberts. Madison C. C. Affirmed. Robinson. C J. 1. A demuVrer to an answer In bar because "it does not state facts sutliclent to constitute a cause of action" presents no question. 2. Where the record falls to -how that the trial court made any ruling upon a demurrer to a pleading, no question is presented. 3. The praecipe for the record on appeal should be appended to the transcript. 8133. Union City, etc.. Company vs. Jan.ua. Randolph C. O. Affirmed. Black, J. 1. This court cannot decide questions not presented by the record. 2. To entitle instructions, which were -given and excepted to, or which were afked and refused, to receive consideration they must be- properly in the record. 3. To question the correctness of the court in suppressing interrogatories an exception to the court's ruling must be saved by a bill of exceptions. 4. Rule 3'j of this court requires marginal notes to be made in the bill of exceptions. 5. Rules of the court have the force and effect of rules of law, and parties and counsel must obey them. 6. Where the transcript does not show with certainty the Issues tried, this court will not pass upon the action of the trial court in overruling appellant's motion for Judgment in his favor upon the special finding, notwithstanding the general verdict, or upon the question as to th sufficiency of the evidence or. upon the actlun of the court In giving or In refusing to glv certain Instructions. Minutes. 23S8. Charles I. Knoupf vs. the City of Logansport. Cass C. C. Appellant's additional reply brief (5.) 2466. The Pittsburg. Cincinnati, Chicago & St. Loul3 Railway Company vs John Aldridge. Clarke C. C. Appellee's brief (8.) 36. Andrew li. Fisher vs. Clem Teak. Sullivan C. C. Appellant's brief. 2541. Leo Pohlplotr, a minor, by next friend, vs. the Corning Steel Company.- Lake C. C Appellant's brief (10.) 32u8. Eliza A. Flanagan vs. Joseph H. Peltmler. Cass C. C. Appellant's points for oral argument. 3358. Wabash Railroad Company vs. Sebastian Miller. Adams C. C. Appellant's reply brief. SUPERIOR COURT. Room 1 John L. McMaster, Judge. Marcus Lewis vs. Louis Kamlnsky et al.: mechanic's lien. Finding and Judgment, for Maxcv and Burnett on their cross complaint against Louis Kamlnsky for $157.S0. Finding for defendant Kamlnsky on complaint and other crosa complaints. Room 3 Vinson Carter, Judge. Nora Coulson vs. Home Benefit Association. Jury returned verdict for plaintiff for $50.74. Henry S. Doran vs. L. E. and W. R. R. Co.; damages. Plaintiff dismissed cause. Margaret J. Culbertson vs. Jessie Annie Roe et a!.; to reform deed and quiet title. Finding for plaintiff. Deed reformed and title quieted. Judgment against plaintiff for costs. NEW SUITS FILED. Edward J. Mahoney vs. Battle II. Knight; mortgage foreclosure. Superior Court. Room 2. O. ;eorge Krug vs. Agatha Uucher; slander and damages. Demand, Jö.uoo. Circuit Court. Margaret wave. vs. David A. Wave et aL; support. Circuit Court. ;erman Building Association of Indiana. vs. Ellen Leary et al.; mortgage foreclosure. Superior Court. Room J. THE HICK0BY ELM CLUB. The Situation Explained Consequence of Dryana Election. "Gentlemen," said the president, when the club had come to order, "it Is my duty as the presiding officer of this organization to advise you of the probable consequences of Bryan's election nexf Tuesday. In order that you may cast your votes for him with your eyes both wide open, I have taken the pains to gather up a few of the more welghy reasons that are being put forth and urged by the enemy why "William Jennings Bryan should be beaten out of his boots at the polls, so to speak. With an exception or two, every member of this club can read and write, and if those of you who can read had allowed yourselves to examine some of the documents that Mark Hanna has been sending broadcast over the country, instead of devoting your time to explaining why Webster Davis, Carl Schurz and a few other worthless Republicans happened to get hitched on to Bryan's cart, and why It became necessary for Mr. Bryan to turn over the entire Popullstlc aggregation that furnishes his chief support to Croker and Tammany Hall, the remarks that I am about to make would have been wnolly unnecessary. It is claimed by the Republicans that the Democratic party, to which you are all proud to belong, is an indispensable necessity to the body politic. The reasoning upon which that conclusion is reached proceeds upon the fundamental idea that nothing has been created in vain; that everything has its use, and that it Is often devilish difficult to ascertain what some things are here for. They cite the everlasting struggle of the agriculturist with certain species of vegetation which perenlally appears between his hills of corn, potatoes, cabbage and cucumbers, and which, if not voted down and turned under, will utterly choke out his crop, and they say that God made the weeds for a good and wise purpose, but they have never discovered the purpose. Along this line of logic they assert and try to prove that it is necessary for this country to have two political parties one to govern and the other to stand guard. They claim ,that the Socialists, Populists, Anarchist! and Bryaniied Democrats of creation were ordained from the begtnning to watch the party of progress, to act as a kind of governor, regulator and rub-lock to prevent it from developing the latent resources of the Nation too rapidly, and they call themselves the party of progress. That theory, my friends, may be correct In the main. It may account for the attitude of Carl Schurz and William Lloyd Garrison, who have been doing picket duty on the outposts of national expansion during this campaign, where they have beeu firing at an imaginary despot on horseback with a smoothbore musket loaded with wads torn from the Constitution and the Declaration of Independence, but it doesn't account for the active interest of Dick Croker and Tom Taggart, who are in the despot and dictatorial business themselves within their respective Jurisdictions. Think of Croker. Taggart, Tillman and Altgeld standing upon the ramparts of liberty on a cold night watching for the approach of an Imperialistic enemy of free Institutions, honest government in New York, Indianapolis, Chicago or South. Carolina! Gentlemen, the thing is preposterous. The Democratic party as a whole was not created for guard duty. We haven't a man at the front in the party to-day. I am sofry to say. who would risk his life or his health on picket duty fifteen minutes to save the country from the disaster of a panic, mob rule. Imperialism or national disgrace if it meant the defeat of Ilryanlsm as well. There is no use to mince words about this matter, and we can't deceive each other If we would. Republicans may speculate upon the nature of Democracy and offer linespun theories to make Its existence excusable In the economy of nature, but every man In this club knows why he is here, without the aid of Republican philosophy or explanation." "But you started out to advise us of the probable consequences of the success cf Bryanlsm. Altgeldism. Goebelism, Tillmanim and Crokerism at the polls next Tuesday," said Colonel Snort. "When are you going to get down to that part of your speech?" "Keep your shirt on. Colonel Snort. 1 will come to the point in a minute. It is necessary that I should Iaj the foundation for my opinions before firing them Into this club. In the first place, the moment It U announced that Bryan 1& elected a financial

onononononooononoooQoDo O There is no end of o Old Virginia Cheroots to waste, as there is no finished end to cut off and throw away. When you p buy three Old Virginia Cheroots for 2 five cents, you have more to smoke, 5

O and of better quality, than you have O when you pay fifteen cents for three O Five Cent cigars.

O Three hundred million Old

j-j etr. ask yoor own deiler. fnce. 3 ior 5 cents. 1 p"j oHOHoaoooDooonoaononono

AMUSEMENTS.

0o of tlio a-ilti of l-3 City" Meet NtheV Indorsed Me ( 0 )j (Q j By the At K "SV A j Elite "HnntÄfnn Wh-f Ic IfV" Continuous exhibitions of this strangest of strange animals. 1IÜÜI MUD, TT nai IS lU 1)aliy from n a. m. to n p m. Klindayg excepted. Adi-iiMNion-iVclt-lt;, ÜCTo; Cliilclx'oix, ICo. Season Tickets Adults, JS; Children, S3. Tickets at Huder's.

AMCSE3IEXTS PLENTY GOOD KEATS LEFT NAT c. maxim: GOODWIN and ELLIOTT Presenting "When We Were Twenty-One" IV ices-Sl $l.o0, SI, 75c, 50c. Friday, Saturday Nov. 2, 3 Saturday Matinee Smyth fc Perley present WILLIAM COLLIER IN "ON THE QUIET. rrlces Night, 1..VJ, 51, 75c, uOc, 25c. Matinee, Si, 75", 50e, .jc. Heats now ready. G1AJVI Stock Company in Sol Kmlth Russell's famous success PEJACBFULy VALLEY Evenings. U5c, 50c; matinees, 25c. Scats two weeks in advance. E AKK To-Day I S Hope Booth in MVar on Women" Miss Booth in her famous poses. Next Hyde's Comedians and Helene Mora: as an extra attraction, ltoe Coghlan- Klection returns by special wire Tuesday nigbt. Wabash and Delaware treeti. ONE WEEK Commencing Monday, Oct 29. MATINEE DAILY. EVERY NIGHT. BROADWAY BURLESQUERS Prices of Admission - 10c, 15e, 25c andSJo Next Week "Rice & Barton Gaiety Co." i DIAMONDS ..OUR,. $38,$45 andS50 Piamond Rings are fine, white, flawless and very brilliant; either fancy or Tillany mountlng. Come and see them at BERNLOEHR'S 139 East Washington St. Established 1RSL CARPETS THE TAYLOR CARPET CO. 26 and 2S W. Wash. SL CONSUMPTION MY TIIK NEW DEPUItATOK TKEAT31KNT. FREE ROOK. CURED Depumtor i Medical Institute And Sanitarium. 805 & 807 N. I1L St., Indianapolis, lnd. panic will begin, and it will last until it is reasonably certain that Dave Hill will be nominated to succeed him in 1901, when it will abate to some extent and finally disappear altogether after the election of Theodore Roosevelt in the autumn following. In the second place, every prophecy of Rryan four years ago will be fulfilled. The factories and mills will close; labor will be unemploj-ed; mortgages will bo foreclosed, and want and misery will be over the land." "That Is what Mr. Bryan said would happen If McKinley was elected." said Col. Garlic. "Yes. I know, but Mr. Bryan was mistaken in the data upon which he based hl$ predictions. As a seer and a prophet he knew that the gold standard would either ruin the country or bring prosperity, and, in the language of Wall street, he coppered it that is. he bet to lose. Subsequent events have proved that he was in error: that the silver standard was the card that he should have coppered to win, and he has got his money on that card now. so that if he is elected this time he will have the proud satisfaction of selng his prophecies fulfilled and his reputation as a prophet restored and vindicated. Mr. Bryan Is a man that you can't drive. He is stubborn and obstinate when he Fees that he is in the wrong, and after the vast amount of ridicule that has been heaped upon his pretensions as a prophet of dire calamity by the Republican press and speakers he will carry out his theory if it submerges the eastern hair of the Nation In the Atlantic ocean." "Well, say, Mr. President. If these things are to come to pass when Bryan is elected I do not pee why you advise the members of this club to vote for him," fuggeted Dr. Fujfelton. "And I was about to make that point myself," said Mr. Fun&u?. The president: "When you fellows have been in this club long enough you will fee a great many things in our politics that you don't see now. I am not advising you to vote for ßrvan. I am 5lmply tellinjr you what will positively happen according to his own predictions ami admissions if he is elected. I assume no responsibility in this matter, and I don't want any of you coming to me after soup bones, secondhand coats cr overalls next year if Bryan becomes President of the United States." "How are you going to vote, Mr. President?" inquired Captain Skldmonk. "That is a lending question, fir," answered the president. "However, I will say that I do not recollect having ald anything to indicate that I would probably vote for McKinley. I expect to be ex-president of this tlub some time, and do not wih to te drawn into political controversy when I am out of politics.' V. S. 11.

o

o o o Virginii Cheroots smoked this 7 I Pire Pal PURE PAINT is the only kind that wears. PURE PAINT and no other will retain its new and hiilliant appearance. PURE PAINT will not chip. PURE PAINT covers more surface. PURE PAINT for these reasons is the most economical to buy. CAPITAL CITY PAINT IS PURE PAINT. Manufactured and Warranted by i Indianapolis Paint j & Color Company, 5 240 to 248 MASSACHUSETTS AVENUE i. . . , Come Her for Your Lamps. VV Wonf TT W IT Ulli ..Your Trade.. Low Prices 3F JP. SMITH & CO. Make us a visit. 45 N. ILLINOIS 1Ä U. MARKET THE VERY NEWEST IN t Wedding Invitations, Reception Invitations, Announcements of Marriage, Calling Cards and Monograms, Correspondence Stationery. Sontlnol Ijrlia-tliae: Co 123, 125, 127 West Market .Street. ..Armstrong Laundry.. TELEPHONES ISO. CALL ANY PART CITY. A Trial Means Your Future Trade 224-228 WEST MARYLAND STREET. Is Your Honey Invested? We can furnish first mortgage securities, paying- the holder 5 per cent net. Call and sec us, or write us about investments. THOS. C DAY & CO., Law Building, Indianapolis. SOLE AGENCY for the f&nuü STEINWAY And other high-grade Pianos. Low Prices. Easy Terms. PEARSON'S PIANO HOUSE, INDIANAPOLIS. .L). FALL STYLES NOW READY NEW ARCADE Largest Clothin. House in the State, lO Went WfiHlilnirtoii Pitch and Kelt. Trinidad AThalt, Oravel Hoofing, 2 and 8-p!v ready rooting, fctat Agent for P. Si R. Ruherlod Hooting. U1JVWY C. HMITIICK 319 XV. MARYLAND ST. Midway Senate Avrnue und Missouri Street. Roth Thonea 9J7. Fine Cutlery ...We have a beautiful line of table yoodi, safety razor, etc L,illv- s Stcil-r-trtlcoi,

V

, j'