Indianapolis Journal, Volume 51, Number 278, Indianapolis, Marion County, 5 October 1901 — Page 3

THE INDIANAPOLIS JOURNAL, SATURDAY. OCTOBER 5, 1001.

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cdTB. io535CLL ACTi. BUTTERiCK PATTERN Indianas Greatest Dry Goods Emponuxa

two.... SaturdaySpecials In the Men's Corner Fine natural wool camprs-halr medicate. 1 carlet or tan-e don-d non-shrinking Undershirts and drawers, social, C OS a Ormont qil.AO 1!.vh' Union Suits. Mlver gray Jersey ribbed, fl.-ic lined, made peu down the fr-nt, and with drop seat, neial Atrial.: Just inside the door to your left. Pettis Dry Goods Co. WE MAKE LIBERAL ADVANCES CN I ROOMS s AfO A1LTPAMJACTT0N6 STRICTLY CONFIDENTIAL NoES Loan Officliio.wkä!äetst. Indiana Dental College Department of DenlUlrx L'nlTersItj of Indlannpolli. for a!l klnt of Jeni.l work. The fees are to cover the costs cnly. Receives patients from I a. m. to i p. m. 8. W. Cor. Delaware and Ohio Street. THE DRAMA. At the Thenter To-Ilay. GRAND Vaudeville, 2:13 p. m. and 8:15 P- m. . ... . PARIC "At the Old Cross Roads, melodrama. 2 p. m. and 8 p. m. KMPIKK Oriental Rurlesqu rs, variety, 2 p. m. and 8 p. m. ote of the Stn. The Empire Theater's attraction next week will be the Topsy Turvy Burlesquers. The Oriental Burlesquers will give two performances there to-day. xxx It is an entertaining bill that closes the week of vaudeville at the CI rand Opera Hons? to-day. Louise Thorndyke Boucltault will be the leading feature of next week's programme. xxx Louise Valentine plays the part of the negro toy "Mississippi" lightly and gracefully In "At the Old Cross Roads" at the Park Theater. Thl- Is an excellent play in several ways. "The Tide of Life" will follow it next Monday. "Barbara Frietchie" will be presented at the Park the last half of next week. XXX The patrons of English's Opera House will have entertainment enough next week to occupy their minds, but it no doubt will interest many of them to know that William Collier will play "On th? Quiet" there on two nights of week after next. The Hchedule for next week is as follows: "Under Two Flags," with Blanche Bates, Monday. Tuesday and Wednesday nights and "Wednesday afternoon; Mrs. Le Moyne In "The Flrt Duchess of Marlborough" Thursday night and Annie Bussell in "A Royal Fmily" Filday and Saturday nights and Saturday afternoon. PERSONAL AND SOCIETY. Mrs. Rebecca Rogers George has returned from a visit in New York. Miss Newcomer, of Tipton, Is the guest of Mrs. Catherine' Elder. Mrs. Rittenhouse. of Chicago, is visiting her mother, Mrs. George Rittenhouse. Mrs. Mary McKenzie and Miss McKenzie have taken apartments at the Victoria. Mrs. Celia Hawley has returned from Petoskey, where she spent the summer. Mr. and Mrs. Robert S. Heaton and daughter have returned from Martinsville. Mrs. Henry A. Beck and daughter have returned from the Maine coast, where they pent eight weeks. Mrs. Wiley and son. Mr. Fred Wiley, have returned from a trip around the world and are at the Denison. Mr. and Mrs. John F. Wild will remove from their home on College to the corner of Meridian and Seventeenth streets. The ladies of Roberts Park Church gave a supper and social In the Sunday-school rooms of the church last evening. Mr. J. E. Pierce returned a few days ago from Colorado. Mr. and Mrs. Pierce will leave to-day for u visit in New York. Mr. and Mrs. W. B. Allen, who have for several years been living in St. Louis, have returned to Indianapolis for residence. Miss Josephine Smith left yesterday for New. York, where she will spend the w inter studying with Mrs. Morr's Black. Miss Jennie Arnold, after several weeks visit with her brother, Mr. George Arnold, left yesterday for her home in Leominster. Capt. and Mrs. James B. Curtis, after spending a few days at the English, will leave for their home in New York to-day. The Woman's Research Club will met at the residence of Mrs. John M. Dalrym-I-le. No. 1115 Park avenue, Monday afternoon, at o'clock. Mr. and Mrs. Theodore Marcy announce the engagement of their daughter. Maude Bertha, and Mr. Elmer Locke. The wedding will tak place on Oct. 15 at the family residence, 21: South Kast street. A party consisting of Mr. and Mrs. Frank W. Wood.. Mrs. T. A. Wasner. Mrs. Harry Mansfield. Miss Emily Fletcher and Miss Jlettie Adams, with a numler of other Jridianaindis people, will g(, to Spencer on Wednesday to attend the Smith-Fowler wedding. Miss Fowler has many friends In Indianapolis, having often visited hre. The October card party of the Ladles Club of the German House will be given this afternoon by Mrs. Daniel F. Fleener and Mrs. George A, Gay. They will be assisted by Mrs. C. C. Perry. Mrs. W F Chandler. Mrs. J. W. Schmidt. Mrs. WiU Ham Zumphy. Mrs. I. T. Shields. Mrs. Kdward Hawkins and Mrs. C. C. Pierce, Jr Euchre ai.d lotto will be played. Mr. and Mrs. Fletcher Hlnes went to NewYork this week to be with their daughter Miss Marie Hines. Mr. and Mrs. W. e! Stevenson and Miss Kdiia. Stevenson wui leave Monday to Join thern. and Miss ll'nes and Miss Stevenson will sail Thursday 'on the Augusta Victoria, of the HamburgAmerican line, for F.urope. to be gone a year. Miss Cromife will chaperon them. The Woman's Club celebrated its annual president's day with a banquet at the Propyl. euni yesterday afternoon. The east parlors were decorated for the occasion and the banquet was spread in that room. The following toasts were responded to, Mrs. John H. Holiday, the retiring president, acting as toastmlstr ss: "An Kpl.de." Mrs. Cleland. the new president; "Our Story Writers." Miss Caroline Harrison Howiand; "Our IKts." Mrs. William A. Ketcham; "Our Submerged Tenths." tlss Julia Harrison Moore; "The Novice," Miss Thertsa Pierce. Mrs. Charles Kregelo gave a company esterday afternoon for her guest. Mrs. S. K. Fletchr. of Chicago. It was one of ä eries of entertainments that Mrs. Kreueln will give. The assisting ladles were Mrs. N. S. Bra;u. Mrs. Perle B. Raymond. Mrs. John Reaume. Mrs. Harriet A. Bingham Mrs. Karle Ogle. Mrs. Paul Martin. Mrs! Kiegfdo's daughter. Mrs. 'arb-ton McCullorh. Mrs. Olive Stewart. Mrs. Charles W. Walker. Mrs. A. A. Barnes. Mrs. Claypool Ml- Bessie Webb and Miss Mary Reaume! The housj was beautifully decorated with carnations in the dining room, autumn Howrs in 'he library and pink roses in the parlor. THOMl 'SON C I SO .V. FicUl to th? Indir.sroI!s Journal. ELKHART, Ind.. Oct. I. Otis J. Thompson, a well-knoun young business man of X--catur, Mich., as well as a large holder

of land in this county, and Miss Isa Upson, daughter of Mr. and Mrs. Theo F. Upson, of this cftv. were married Thursday evening by Khv. R. II. Emett. of the First Baptist Church. They will reside at D'--ratur. Mrs. Thompson is well known to all the surviving veterans of the One-hundredth Indiana Volunteer Infantry, having several years ago been formally voted the "daughter of the reg1m:it" in recognition of the entertainment she provided at annual reunions as a child elocutionist. WATS O N CU N N I N G H A M. Special to the Iniiar.apolli Journal. MARTINS VI LLK. Ind.. Oct. 4. Claude E. Watson, a young grocer of this city, and Miss Ranna Cunningham, of Paragon, were married last evening at the home of the bride's mother. Rev. Delaney, of the Baptist Church, officiated In the presence of only relatives and a few friends.

Clreenivood. Mr. Charles Morris, of Lima. O., visited his parents thi3 week. Mrs. Charles Newsom and children have returned from a visit at Columbus, Ind. Mrs. Anna Adams, of Shelby ville. is visiting her daughter. Mrs. Harve Brewer. Mrs. Samuel Dungan and children, of Indianapolis, are the guests of J. T. Polk and wife. Professor Longdon. of De Pauw. visited his mother-in-law, Mrs. Julia Johnson, this week. The Rev. Westhafer, of Morristown. visited his daughter, Mrs. Fred hltenack, this week. Miss Ella Brewer kft on Friday for Bloomington. where she will attend Indiana University. Miss Ammie Harmon, of Franklin, is the guest of her sister. Mrs. Mark Wiley, on Madison avenue. On Wednesday evening the most beautiful wedding of the season took place at the home of the bride's parents, Mr. and Mrs. Harve Brewer. Their daughter Mayme and Rev. Henry Graham, of Engllshtown, N. J., were married. They were attended bv Miss Ella Brewer, cousin of the bride, and Mr. Will Graham, brother of the Rroom. The bride and groom are graduates of Hanover College. Mr. Graham is also a graduate of Princeton Seminary. They left for Buffalo, and from there they will go to their home in Engllshtown, N. J. EMANUEL COLLINS OUT TIIK SAFKTY BOARD FINALLY HE. tlDl'S TO DISMISS HIM. He Received the Xews Complacently. ew Firemen !o med Street Gang Pay Holl. The Board of Safety met yesterday afternoon at 2 o'clock and waited for Emanuel Collins, the colored fireman, who was suspended last week on charges of conduct unbecoming a fireman, failing to answer an alarm of fire and swearing at another fireman, but Collins did not appear until nearly 4 o'clock. He walked into the board's office with a complacent air and sat down on the outside of the railing with two or three of his colored Democratic friends. Chairman Hyde called Collins inside the charmed inclosure and said: "Mr. Collins, the board has thought over your case and come to the decision to let you out for the betterment of the department." Collins wore an air of Indifference, and sarcastically said, "Thank you." He asked if that was all and then left the room. The motion to dismiss Collins from the force was made by Mr. McMillen. The members of the board got their heads together and for some time considered the names of substitute firemen to be appointed regular firemen to complete the list made necessary to man the new apparatus. The appointments made yesterday were: Democrats: Ora White, P. J. Riley, William Hueder, Patrick Barton, Robert Bruce, Charles Householder, J. J. Griffin, James King. Charles G. Whaley, William M. Shea, John Cain, Charles McCaffrey, Samuel 0. Myers, Anthony T. Barrett. Republicans: Harry Thomas. Arthur Groves, Edward Stubbs, John Routier, August W. Albrecht, John E. Hoffacker, Harry Schumaker, Edward A. Clark, Robert Stuck, Thomas Eaves, William Truesdale, Harry A. Gebhardt and William A. Millspaush. The new appointments take effect as soon as Chief Barrett can assign the men to companies. The board did not appoint a successor to Emanuel Collins. i:vidi:.ci: in iikiiuttal. Ell F. Hitter Still After Members of Police Department. A statement of evidence in rebuttal of the answers filed by Superintendent of Police Qulgley, Captain Kruger and Patrolman Shine to the. charges made against them by the Civic Alliance was filed yesterday with the Board of Safety by Attorney Eli F. Ritter, representing the Civic Alliance. The statement filed yesterday contains several signed statements by the men who carried on the investigation of saloons on Sunday, Au&. 4, fur the Chic Alliance. The places where violations of the lawwere noticed are Wes Stout's saloon. Fair Bank. Tron's saloon, Bernauer's saloon. Kissel's garden. Harry Walker's saloon ami Mike O'Urlen's saloon. The witnesses who signed the statements, anil who claim they saw violations of the law, are: T. P. Kiser, B. F. Clark. A. L. Ferris. W. S. Frazier, Jr., George A. Fisher, C. C. Hamilton, E. W. Clark. George C. Chamberlain. P. A. Covert, Harry Ferris. Edwin Andrews, It. E. Crist. R. 1. Barnes, Clyde Woodhill and Y. A. Jenny. The cases against the police officers will be heard by the board next Friday, Chairman Hyde having set the date so that it would come after the election. BIGGEST THIS YEAH. The street Repiilr GniiK Vny Holl for Week, lleuehen s I ,."Ma.7. The Board of Works allowed the weekly pay roll for the street-repair gang yesterday, amounting to $1.532.70, the highest amount this fall. It Is claimed that Mugulre. as a member of the Board of Works, is trying to influence voters by giving them positions with the repair gang Just before the election. HOARD OF NVOIIKS HOITINK. BIDS RECEIVED. Brick roadway and curb in Washington street, from Belmont avenue to Harris avenue: Daniel Foley: (Indiana paving block or Terre Haute block.) Stratified limestone curb, $4.50 per lineal foot each side; combined cement curb and gutter. 54. SO. William C. Smith: (Terre Haute repressed paving block.) Stratified curb. $1.7! per lineal ffot each side; combined curb and gutter. $1.57 per lineal foot each side. W. K. Cooper & Co.: (Boston block.) Stratified curb. $191 per lineal foot each side; combined curb and gutter, $4." per lineal foot each side. For Murphy grout filling, add 6 cents per lineal foot. Award deferred. Cement walks on Eleventh street, from Bellefontaine street to C. I. & L. Railroad tracks: J. I). Hoss. five-foot walk, To cents per lineal foot; three-foot walk, 42 cents per lineal foot; sodding. 12 cents per lineal foot. Award deferred. NO HIDS RKCRIVKD. Cement walks and curb on Center street, from Douglass to Bright street. Cement walks on Dearborn street (west side). New York to Michigan street. WATER MAINS ORDERED. In Mechanic strett. from South to Henry street, one plug. BUILDING CONDEMNATION. One-story frame barn. :b East Ohio street, owned by E. S. MMciiell. of Cincinnati. O. Oct. ! fixed as date on which owner may appear and diow cause why said building should not b.- torn down. PETITIONS FILED. For water mains in Capitol avenue, from Thirty-fourth to Thirty-fifth street. For water mains in Harlan street, from Prospect to Orange street. ASSESSMENT ROLLS APPROVED. In behalf of W. C. Allen: For brick roadway and cement walks in Wabash street, from Eat to Nobl ftreet. In behalf of A. D. Bowen: For cement walks In Tenth ttreet. from Meridian to Illinois strett.

BRIEF IN SHILLING CASE

MATTER IS NOW BEING FOtGHT IN TUG St l'HIIMi: ( Ol HT, Stilt Unwed on Former Recorder AlIeKl I'n II n re to Report Fee time In County Court. A brief was filed in the Supreme Court yesterday on behalf of ex-County Recorder William E. Shilling and hl.4 bondsmen Benjamin Franklin George Merritt and Samuel E. Perkins-in their appeal from a judgment of the Marion Circuit Court for $2.000 and costs assessed against them in favor of the State of Indiana on the relation of th; commissioners of Marion county. The attorneys for the commissioners are Harding fc Hovey and Charles S. Wlltiie. Shilling was recorder of Marion county from Nov. H. lS.r'4. to Nov. 14, 1SCS, and the action in which the judgment was recovered nirtlrict him was brought for alleged failure to ir.ake the report required by law and to pay the amount due from him into the county treasury. Shilling and his bondsmen demurred to the commi-sloners complaint on the ground that it should have made Edwin B. Pugh, prosecuting attorney, a plaintiff, and the further ground that the commissioners had no legal right to sue. The Marlon Circuit Court overruled this demurrer and the defendants declined to plead further, whereupon judgment was entered against them and they sued out an appeal to the Supreme Court. The attorneys for Shilling argue that the suit is based on Section 132 of the fee and salary law. which, as originally passed in iHitl, rt'quired suit for fees to be brought by the prosecuting attorney. This section was amended in 1X1)3 to make the commissioners bring such suit, tout In 1X06, in a general fee and salary law, the section in its original form was re-enacted. Therefore, H.iy the attorneys, the suit should have b.en brought by Mr. Pugh. Mr. Shilling's attorneys assert that no fee and salary law in Indiana has ever given the right to sue a county officer on his bond, and they further say that the right of the county to claim fees was a new right, conferred by statute and not by common law or equity, their collection must be brought about in exactly the way prescribed by the statute and in no other way. The attorneys cite the case of State vs. Polce to show that the fee and salary law of IVjI was unconstitutional and void as to county recorders, auditors and treasurers, by reason of its failure to fix the salaries of those officers for Shelby county. Continuing on this line Mr. Shilling's attorneys say: "While the act of lx'J3. amendatory of Section Ü3 of the act of 1331, was held constitutional by a majority opinion of this court in Walsh vs. State, we again respectfully submit that an act to amend u. law which Is invalid from any cause is also an invalid and void law." Section 132 of the fee and salary law of 1X15 is attacked on the ground that it contravenes Section 14 of the bill of rights, which provides that "no person shall be put in jeopardy twice for the same offense." Counsel say that Section 132 punishes the offending county recorder by imposing a penalty and Section 13o by imposing a fine, thus conitlctlng with the section of the bill of rights already quoted. The Shilling case is similar to the actions Instituted against ex-County Treasurer Sterling R. Holt and County Treasurer William H. Schmidt, and Its decision by the Supreme Court is awaited with much local interest. A MIW LKGAL POINT. It Im Drought I i for the First Time In This County. Judge Allen heard argument in the Circuit Court on the demurrer filed by the Cleveland,- Cincinnati, Chicago & St. Louis Railway Company in the suit of Gustav Fabel, father of. George Fabel, who was killed while in the employ of the defendant road in Ohio last July. The question argued yesterday is a peculiar one, and probably the first time it has ever come up in a Marion county court. Under the law.-" of Indiana a father can bring suit for the death of his child, but under the Ohio laws the suit must be brought by a representative or administrator of the person killed. The question argued yesterday is whether the suit should be tried in Ohio, the place of action, or in Indiana, the place of procedure. The demand in the original complaint for damages is $3,000. Judge Allen took the matter under advisement. ' IIHNNESSY 1IEAVIL1 FINED. He nnd Others Punished In the Police Court. Yesterday in Police Court James Hennessey, who jumped through a window at the Monarch restaurant, shattering it and cutting himself badly, was fined $150 and costs on a charge of malicious trespass and $10 and costs for disturbing the peace. He was sent to the workhouse, where he has been several times before, in default of payment. Goldle Price, a familiar figure on the Police Court bench, was sent to the workhouse on a fine of $35 and costs for loitering. John J. Saul was fined $5 and costs and given sixty days In the workhouse, and George Woods $10 and costs and 11 days on charges of petit larceny. Albert Reed, charged with loitering, was fined $50 and costs and sent up for thirty days. A Deninnil for Appearnnce. Armin C. Koehne, as county and city treasurer, filed a notice with Probate Commissioner Walker yesterday, demanding that George N. Catterson and Robert T. Catterson, executors of tho estate of James L. Bradley, deceased, shall appeal before the probate commissioner and show cause why they should not, as executors of the Bradlev estate, pay taxes amounting to $S,875. 3S due the county and city. The case will be heard a week from to-day. Three Damage- Suit Filed. Three damage suits for $5.000 each for personal injuries were filed against the Cleveland. Cincinnati, Chicago & St. Louis Railway Company yesterday as a result of the accident at the West-street crossing Sept. 2, when a train ran into a wagon containing William M. Merriman, Martha Crabb and William Crabb, demolishing the wagon and injuring the occupants. The latter are the plaintiffs in the suits. Grand Jury Will Invent lrnte. Prosecutor Ruckelsnaus said yesterday that he wUl bring the charge that gambling is in full progress :st the Cleveland Club tefore the grand Jury at the next session. Frank Fitzgerald and W. S. McMillen. of the Hoard of S-tety. who accompanied Fitzgerald on a tour of the gambling houses a few lays ago. will be called as witnesses before the grand jury. Compromised for $!,100. The rult of George M. Craig against the city for damages for personal injuries wag compromised yesterday for $1,100. Craig was driving In a wagon last February and his wagon was overturned near Bleking and High streets by running over a big rock in the street and he suffered severe injuries. Saloon Sold for Sia.o. The Indiana Trust Company,' as administrator of the estate of Fred Ilg, sold the saloon on Virginia avenue yesterday to John Huegele for $2.2u0 cash. Tili: COHIT RECORD. SUPERIOR COURT. Room 1 John L. McMaster, Judge. Charles M. Clark vs. Harry B. Burnett; to set aside deed. On trial by court. Room 2 James M. Leathers, Judge. Dowoy vs. Dugdale; account. On trial by court. CIRCUIT COURT. Henry Clay Allen. Judge. Curie Houston vs. Hannah Ritchie's Estate: elaim. Submitted to court. Allowed for $l."v-..r and costs. Frank L. Smith vs. Hiram B. Howland's Estate: chiim. By agreement claim allowed for Jlv-"' and costs. Ioiia Howell vs. James Howell; divorce. Plaint iff dismissed. Judgment against plaintiff for co.-ts. Henry Carney vs. John H. Hunter's Estate; lisirn. Dismissed. Costs jvald. David F. Smith vs. Lucy A. Stewart et

nl.; to quiet title. Dismissed by plaintiff, and by agreement Judgment against defendant for costs. Henry Long. M. D., vs. Henry S. Dixon's Estate; claim. Allowed by administrator on appearance docket. George C. Dean et al. vs. Charles L. Hutchinson: damages. Submitted to court. Taken under advisement. Holt Ice and Cold Storage Company vs. William Sogemeier. jr.; replevin. Defendant defaulted. Submitted to court. Judgment against defendant fo costs. NEW SUITS. William U. Crabb vs. Cleveland. Cincinnati, Chicago & St. Louis Railway Company; complaint for damages. Room 3. Martha Crabb. by her next friend, vs. Cleveland. Cincinnati. Chicago & St. Ixuls Hallwav Company; complaint for damages. Room 2. William M. Merriman vs. Cleveland. Cincinnati. Chicago & St. Louis Railway Company; complaint for damages. Room 3. George M. Craig vs. City of Indianapolis; complaint for damages. Room 2. Daisy D. McLane vs. Elmer A. McLane; complaint for divorce. Circuit Court. Lula CooKsey vs. Joseph H. Cooksey et al.; suit for support. Room 1. HIGHER COIRTS RKCORD. . SUPREME COURT. 1J54. Hlnkle vs State of Indiana. Marion Crim. C. Reversed. Baker. J. 1. In a prosecution for seduction if the prosecuting witness knew at the time of the alleged promise to marry under which she was seduced that the defendant was a married man living with his family the defendant should nor be convicted. 2. Whn collateral matters are inquired into by the State on cross-examination to affect the credibility of the witness the State is bound bv the answers made and cannot in rebuttal contradict them. Minutes. 15637. Frank Bird Transfer Company et al. vs. Mary A. Krug. Marion C. C. Appellee's motion to advance. 11. John Tevis vs. Louis Hanwnersmlth et al.. etc. Clark C. C. Appellant's reply brief (S.) , t t William E. Shilling et al. vs. State of Indiana ex rel. Board of Commissioners of the County of Marlon. Marion C. C. Appellants' brief (8.) APPELLATE COURT. 4067. Weight vs. State of Indiana. Steuben C. C. Affirmed per curiam. No opinion. 3750. Eureka Block Coal Company vs. Wells. Putnam C. C. Affirmed. Comstock, J. 1. It is the duty of a coal mining company to keep in its employ a competent mine boss to visit and examine the various excavations and working places in the mine at least every alternate day when the mine is in operation, and to see that the safety of the company's employes is assured. It is also the duty of such company and its boss to plan and lay out the excavations in the mine so that the pillars between the excavations in the mine shall be and remain of the proper thickness and safety. 2. A coal mining company is bound to keep its passageways in its mine Bafe for the use of its employes. 3. The risk a servant assumes upon entering the employment of a mine are those which occur after the due performance by the employer of those duties which the law imposes upon him. 4. Where a master is negligent he is responsible, although the negligence of a fellow-servant may have concurred In bringing injury upon the plaintiff. 5. Where the proximate cause of an injury was a thin pillar of coal which could not resist the force of an explosion and permitting a shot to be put in at a point .where the company was bound to know that it would blow through the entry, injuring another miner who happened to I e in the entry way near that point the company is liable for the Injury. 6. Where part of an answer to a qiestion is not responsive to a question a motion to strike out is proper, but if not made the trial court may assume that the complaining party is satisfied with it. 7. A considerable degree of discretion is vested In the trial court In determining whether a witness shall be permitted to testify as an expert, and his decision will not be reversed except for plain error. 3171. Gifford vs. Meyers. Pulaski C. C. Reversed. Black, C. J. 1. When between a landlord and tenant the latter is -not to pay for the tillable land in part of the crop, but the farmer Is to pay the tenant in part of the crop, all of which belongs to the landlord, delivery by the tenant to a third party of a part of the crop without the landlord's consent will not divest the latter of his ownership of the remaining part until after an adjustment and satisfaction of the landlords claims agj'inst the tenant under the contract of lease. 2. Where a crop belongs to the landlord and Is sold by the tenant without his consent the landlord may treat the transfer as a conversion. X44. C. I. & E. Railway Company vs. Little. Delaware C. C. Temporary restraining order issued per curiam. 3731. Leiter vs. Spohn. Fulton C. C. Dismissed. 3748. Baldwin vs. Rich. Hamilton C. C. Petition for rehearing overruled. 3757. Bartlett vs. Williams. Marshall C. C. Petition for rehearing overruled. 3773. Wilson vs. Wilson. Fountain C. C. Petition for rehearing overruled. 37M C, I. & E. Railway Company vs. Thompson. Grant C. C. Petition for rehearing overruled. 3x62. Goodwine vs. Flint. Tippecanoe C. C. Petition for rehearing overruled. 4170. Citizens' Street-railway Company vs Jolly. Hamilton C. C. Certiorari granted and issued. 36. L. E. & W. Railroad Company vs Watklns. Delaware C. C. Transferred to Supreme Court. i Minute. 4077. Ida F. Fisher vs. United States Benevolent Society. Marion C. C. Appellee's motion and notice to dismiss. New Case. 4174. Eliza Smith vs. Leonard Schmitt et al. Allen S. C. Record. Assignment of errors. In term. Bond.

RECENT LEGAL OPINIONS. Railroads Action for Killing Dog. An interesting case was recently decided by the Supreme Court of Alabama, where it was held that a dog is a species of property for the injury of which an action at law may be maintained, and that the owner of a dog can maintain an action against a railroad company to recover damages for the negligent killing of such dog. Central Law Journal, Sept. 27. Liability for Peculiar Accident. The use of old barrels that have contained whisky, oil, etc., for shipping iron is held not to make the employer liable for Injury to an employe caused by explosion of a barrel when a match was lighted to read the number on it. 51 Lawyers' Reports Annotated (Penn.), Sil. French Spoliation Claims Distribution. The appropriation of money for the payment of so-called French spoliation claims by an act of Congress was a mere gratuity, and payments made from such appropriation were payments as of grace and not of right, and Congress had the right to make the gift upon its own terms. Such a claim does not form a part of the estate of the original sufferer from the French depredations, but inures to the benefit of it. and is to be distributed among the next of kin of the original sufferer living at the time of the passage of the act of Congres3. 45 Atlantic Reporter (Maine, Judge Fogler), 1065. J Validity of Foreign Marriage. A marriage by a Russian Jew In Russia with his niece, though lawful in Russia, will not be recognized as valid in Pennsylvania, where a continuance of the relation would expose the parties to indictment in the criminal courts. The man was a naturalized American citizen, and it was held, in view of the Illegality of the marriage in the United States, that his alleged wife and child, who are likely to become public charges, are properly ordered to be dejorted on their arrival at a port In the United States. 101 Federal Reporter, Svi. Trade-Marks Infringement. The trade-mark "Orape-Nuts." under which name a cereal food is sold. Is not infringed by the name "Grape-Hearts," under which a similar food Is sold, the latter name not being so displayed and associated on the package as to make It substantially identical with the former trade-mark. 10J Federal Reporter, Carriers Duty to Drunken Passengers. Where the men in charge of a freight train ejected a trespasser in a drunken and helpless condition in a deep cut on a dark night, and he was run over and killed by a train which followed, as the men ejecting him had reason to believe that he would be, the railroad company was liable for his death, although the place at which he was ejected was the place at which he entered the train. 63 Southwestern Rep. (Kentucky), 5n).J Real-Estate Agents Commissions. Where a real-estate broker procures a responsible purchaser, who is accepted by the principal, he is entitled to his commissions, and it is no defense in an action therefor that the principal thereafter became dissatisfied with the purchaser. 71 N. Y. Supplement, CluinKen at the State Munfum. State Geologist Blatchley is hard at work going over several departments of the State Museum and rearranging their contents. Yesterday he began on the department devoted to numismatics and began the task of sorting out all the coin and providing news labels for them. Each coin will be plainly marked with a label showing t'ie country to which it belongs and its, denomination, as well as the name of the person

by whom and the date when it was presented to the museum. The shells will ail be rearranged, those belonging to Indiana being placed in a separate case marked "Indiana shells."' Prof. Blatchley explained that specimens are often brought to him at times when he is too busy to put them away properly and he simply places ihem where It Is convenient, waiting until he has leisure to straighten them out. SEASON OF SMALL FIRES.

A HlKh C it PreNiure nt Night I'suully Rejoiilhle. This is the beginning of night fires from gas stoves, and the fire department Is expecting more work this fall than usual, even with the shortage of gas. because of another year added to the length of time which chlmne3-s have been allowed to go uncleaned and the irregularity of the pressure. Thursday night was the busiest night of the week. Only two fires resulted yesterday from gas fires. One was at 6:10 o'clock yesterday morning. A lire started in the home of John Courtney, 41 Oriental street, because of a defective tlue. Another fire was at 332 North Delaware street. The loss In each case .was small. Last night an overheated stove at 1127 Fletcher avenue, the home of John Motey, caused a loss of about $loo. Early in the evening the department was called to 123 North Noble street, where lace curtains'i?i the home uf .John i.. Joseii bad caught fire. The damage there was confined to the curtains, which were valued at $2. The most unfortunate fire of yesterday was at 633 North Illinois street. A spark from a match set fire to a wedding trousseau belonging to Miss Josephine Reaume, who was to have been married next month, but whose engagement her mother was not yet ready to announce. Mrs. Reaume's hands were badly burned while trying to put out the fire. Some of her own clothing was burned and there was slight damage to the house, which is owned by a Mr. Steele. The total loss was placed at $300." CITY NEWS ITEMS. Rev. Quincy Lee Morrow will preach at the Third Christian Church to-morrow-night. To-night in the auditorium of the Y. M. C. A. Dr. J. B. Yohannan will give a stereoptlcon lecture on Persia, Turkey and Armenia. The openingjof the Bible study season at tho Y. M. C. A. will begin to-morrow afternoon with a Bible study rally. The Rev. Worth M. Tippy, the new iastor of the Broadway M. E. Church, will deliver a sermon at 3:30 o'clock, his subject being, "The Literary Qualities of the Bible." Albert E. Metzger yesterday sold the property at 1624 North Meridian street, which he recently purchased from William N. Harding, to Mrs. Washington C. De Pauw and her daughter. Miss Florence L. De Pauw, of Los Angeles. Cal., formerly of New Albany, Ind., for $1S,500 cash. Mrs. De Pauw and daughter will make this city their permanent home. Col. R. M. Smock, assistant adjutant and quartermaster general of the Indiana G. A. lt., issued an order yesterday to John Hays, past commander of a post in Dunkirk, Ind., to reorganize Alexander Trimble Post, No. 213, G. A. R., at Redkey, Ind. This post was allowed to run down several years ago, but recently the veterans formerly belonging to it decided they wished to have a post, and their request to have the post reorganized was granted yesterday. Wild Duck Shooting. Hunters of this city are seen daily in places where guns and ammunition are sold, making purchases preparatory to a slaughter of wild ducks. The cool weather of the last week has brought the ducks into northern Indiana, and It will be but a few days until they get into this section of the State. Many hunters have gone to the feeding grounds in the north and are taking advantage of the first appearance of the ducks in their southward movement. As yet only a few signs of the fall duck season have been noticed, but with a little lower temperature there will be an abundance of sport. Bnnkruptey Petition. Thomas E: Evers, a pattern maker, of Milton, Wayne county, yesterday filed a petition in bankruptcy in the United States Court. His liabilities are stated at $2.S03 and his assets at $5.95. A petition was also filed by George J. Mathlas, of Michigan City. His liabilities are $1,014.36 and his assets $15.50. CITY CAMPAIGN ISSUES. Municipal Decency and Loyalty to Public Trust Are Involved. Indiana Weekly. No amount of regret, next Wednesday no matter how sincere or poignant will remedy or atone for an error in voting for mayor next Tuesday. The Issue is not merely a choice between the Republican and Democratic candidates Charles A. Bookwalter and Charles Maguire. It is deeper and broader than simply one of candidates. It reaches back through six years of municipal corruption and maladmi3tratlon. It Is one of municipal decency, honesty, and of loyalty to public trust. Plainly and tersely put the Issue for the people of Indianapolis to determine by their votes next Tuesday is: Shall saloonlsts, gamblers, and panderers to social vice, be protected in lawlessness, while all other classes of citizens must obey the laws or pay the penalty? Shall corporations that have been given franchises of enormous value and that sell indispensable commodities to the people be amendable to laws and ordinances? Or shall they be Immune from interference, regulation, or prosecution so long as they pay tribute to th.e executive officers of the city? Shall the political combination known as Taggartism composed of the breweries, the gamblers, the panderers to vice, and the corporations that fatten off city franchises a combination that has enriched its beneficiaries and ha controlled the city for six years to Insure immunity from police or other official Interference shall this political combination be given two more years of power and plunder? No sophistry, no sputtering nor dodging, no lfs nor hypothetical propositions, no subterfuge nor explanation can change the following fact: A vote for Charles Maguire is a vote for Taggartism, for protected lawlessness, for special favors to corporations, for! the principle and practice that a "public office Is a private snap." The citizen who votes for Charles Maguire for mayor, votes in favor of protected lawlessness and the enjoyment of special privileges, by saloonists, gamblers, panderers to social vice, and corporations holding valuable city franchises. There Is a considerable number of voters in Indianapolis known us the "reform element." They are mostly Republicans, but are thought to hold the welfare and good name of thecity to be of greater and higher importance, than party victory in a municipal election. They are on record against Taggartism. They have again and again deplored and denounced the corruption and venality of Mayor Taggart's several administrations. They have specified and signalized the sins of the political combination of which Mayor Taggart is the king-pin and one of the largest beneficiaries. The protected lawlessness of saloonists. gamblers, and other panderers to social vices; the huckstering of city contracts; the defiance of the people by corporations holding valuable franchises from the cltv; the increase in the city's bonded debt all these have met with a just measure of condemnation from the so-called "reform element." It is an interesting and timely query: How will the reform element vote next Tuesday? Because of some real or fancied objection to Mr. Bookwalter's candidacy, will they strain at a gnat -nd swallow "a carnel? Will they, because of some preconcleved possible or probable defect In Mr. Bookwaiter's administration, in case of his election, fly from Imaginary or minor evils, and join forces with Taggartism? Ur will they stay at home, setting an example of criminal indifference to and neglect of the first and highest duty of the citizen; and thus aid In keeping in power the political machine which has flourished and fattened and grown defiant, and which has even become boastful of its power and unashamed of Its .name Taggartism. How will the "reform element" vote next Tuesday? Every principle and every appeal of consistency, self-respect, and good citizenship urge them to vote for Bookwaiter. Mrs. Austin's Pancake Flour makes lovely pancakes, muffins and gems. So good you always ask for more.

I l '

oorm oMr im ir tm octm 6m.i to. C'cmTi. A LESSON ITTinTJ.AR fnr rinilar.

more in Ivory Soap than in any household soap. It is easy to find a cheap soap; but to find purity and low price in a single soap

is not easy. They combine in Ivory Soap. You can afford to use it in the laundry; you can not afford not to use it elsewhere. It is vegetable-oil soap, in the cheapest form in which it can be procured. You pay nothing for a fancy box, wrapper or perfume. It is all in the soapl It floats.

f SPANISH WAR CLAIMANTS nr TTESDAV THEIR DEMANDS WILL TOTAL FIFTY MILLIONS. Col. Harrison Call on the President Indiana 3Inll Clerk Promoted Admiral Sehley'n Retirement. Special to the Indianapolis Journal. WASHINGTON, Oct. 4.-By next Tuesday there will have been filed with the Spanish treaty claims commission accounts amounting to $50,000,0u0. These represent claims on the part of American citizens who suffered loss of property or personal damage in Cuba from the time of the beginning of the insurrection up to the signing of the American treaty. When the treaty was made the United States assumed the Spanish responsibility for these losses and damages. We are now preparing to pay bills which Spain would have had to pay had she retained Cuba. The Spanish claims commission was authorized by Congress, and it has suddenly become a big division of the government's authority. It has a large building with private offices for the commissioners and a large clerical force. There is no appeal from It. The attorney general assigns an attorney to It. One of the first things which It will have to decide is whether damages to American citizens in the Philippines can be adjudicated by this commission. The treaty provision seems a little obscure on this point. The commission contends that it has no jurisdiction. Another set of claims which it will oppose is personal injury bills on the part cf relatives of American sailors and marines growing out of the destruction of the Maine. The government says these cases belong to the pension department. xxx Col. Russell B. Harrison was one cf the President's guests at luncheon to-day. The two were Spanish war comrades and the President invited him to call and gossip over old times. Colonel Harrison has a claim pending in the War Department, but this subject was not mentioned, although the President is aware that It will be brought to his attention officially in the near futuie. Mr. Roosevelt has the very keenest interest in the Harrison family. He says he likes to talk to the living members of a family which has had direct representatives in every war of the Republic, and he Faid to-day: "When two of these soldiers have been Presidents of the United States I have a pleasure which the representatives of no other family could give me." After Colonel Harrison had his visit with the President he went to the War Department to have a settlement with the paymaster. He had been unexpectedly discharged while in the service and had no opportunity of settling his accounts. This has been a matter of slow process. The paymaster seemed to be ready for him today, but in the end Colonel Harrison found that his accounts were not quite ready for final adjustment, and he also found another peculiar circumstance. When he was discharged from the service Adjutant General Corbin sent a telegram to General Davis, in command in Porto Rico. This telegram was twenty-four words long, or short, and Colonel Harrison had nothing to do with the sending or receipt of the same. Yet the cable tolls, amounting to only a few cents, were taken out of his pay. "I could not see why I should pay for this cablegram any more than for any other cablegram." said Colonel Harrison in speaking of the incident. "But on reflection it did strike me as a little peculiar that I should be charged a few cents for this cablegram when the two private cablegrams passing between Colonel Helstand and Gen. Otis, amounting to. including reply, fortynine words at $2.21 a word, which totais over $100, were being paid for by the government.. Yet such is a fact. I paid for the message'dlscharglng me from the service. Helstand had his private business cablegrams charged to the government and no paymaster had a word to say. Curious sort of rigidity." Colonel Harrison will leave for Indianapolis to-morrow, so that he will arrive In time to cast his vote at the city election. A number of Indianapolis voters will leave to-morrow to be present at the election. XXX B. J. Atkinson, of Van Buren, Ind., railway postal clerk on the B. & O. S. W., from Cincinnati to St. Louis, has been transferred to the Pennsylvania Railroad, between Bradford, O.. and Logansport, Ind. The transfer is in the nature of a promotion. xxx Capt. W. II. Klllott, director of posts of Porto Rico, has been strongly indorsed for secretary of Porto Rico, to succeed W. H. Hunt, promoted to be Governor of the island. Mr. Klliott's home is at New Castle, where lie edited the Courier for many years. GENERAL WASHINGTON NEWS. Important Matter ltefore the Cabinet Army and Navy Appointment. WASHINGTON, Oct. 4. Although only fcur members. Attorney General Knox. Secrtaries Hitchcock and Wilson and Postmaster General Smith attended today's meeting of the Cabinet, some business of Importance was discussed. The attorney general talked over some of the pending appointments in his office, but the only one agreed upon was that of James II. McLeary. assistant secretary of Porto Rico, to be Justice of the Supreme Court of the Island, vice Rafael Nieto y Ablelle, resigned. Postmaster General Smith brought up a

IN VALUES.

rvvinri frr nnitnri there t number of presidential postoffice vacancies which will bo tilled very soon. It was decided to send the government exhibit at Buffalo to the Charleston Exposition as foon as the Pan-American exhibition closes. The matter of granting the application of the Postal Telegraph Company for permission to land at San Francisco, Guam. Honolulu nnd the Philippines a cable to connect all of the Fnited States' new possessions In the Pacific, also was discussed, the attorney general stating that at the Cabinet meeting one week from today he would be prepared to place before the President his opinion on the question of the President's rit;ht to grant the application should he decide to do so. together with a statement shoeing what steps Congress had taken In the matter and the precedents for executive action. xxx The President to-day made the following appointments: Navy. John C. Merrill, captain; GreenKaf A. Merriam, commander; John Hood, lieutenant commander; Edward E. Hayden. lieutenant commander; Charles Webster, lieutenant; Lekenskl W. Sprattllng. passed assistant surgeon, rank, of lieutenant. War. Assistant surgeon of volunteers, rank of captain: William 1. Baker. First lieutenants of cavalry Thomas , F. Ryan. Arthur G. Sharpley. Gilbt rt C. Smith, Lewis W. Cass, Alexander 11. Davidson, Osmund Latrobe, jr. Second lieutenants of cavalry John H. Howard. Kenyon A. Joyce, Max Sulnon, Bryce P. Dlsque. First lieutenant!' of artillery Lucius C. Bennett. Louis S.Chapelear, Carl K. Mower, Samuel G. Shartle, Frederick McK. Smith. Percy Willis. Second lieutenants of artillery Lewis C. Hamilton, Kenneth C. Masteller, Samuel M. English. William K. Murray. First lieutenants of Infantry Thaddeus B. Seigle, John L. Jordan, Harry L. Cooper. Second lieutenants of Infantry Granville L. Chapman. Milo C. Corry, Robert D. Goodwin, Walter H. Johnson. William A. Roberts, Jr., Francis C. Endicott. Harry Parshall. George W. Harris, Robert G. Caldwell, Francis B. Eastman. XX Next Wednesday, the 9th of October, Admiral Schley will retire from the active list by the age limit, and from present prospects this will take place while the court of inquiry is still In session. His retirement will promote two captains to be rear admirals. Captain Frank Wildes, who was in command of the Boston during1 the battle of Manila bay. now heads the list of captains. He was promoted for war service, and under the law his advance must not retard the regular cours of promotions. Therefore, Captain Henry Glass, who stands next to him on the list of captains, also will enter the list of rear admirals of the navy. Other promotions resulting from Admiral Schley's retirement will be those of Commanders P. Gllmore and Eugene C. Ixutz, who become captains, and Lieutenant Commander Sidney A. Staunton and Charles W. Bartlett, who become commanders. xxx The controller of the currency to-day issued a call for a statement of the condition of all national banks at the close of business on Monday, Sept. 3o. Mm. ChrlMtlnna Thiene Dead. Henry Thienes, of the Board of Health, was called to Wyoming, O., Thursday night, by a telegram announcing the sudden death of his mother, Mrs. Christiana Thienes. Mrs. Thienes left Fort Smith. Ark., about four months ago, where she resided, with her daughter. Mrs. Kate Vogel, to visit her children in Indianaix.lls and Cincinnati. She started on her return trip last Sunday, intending to stop a few days at Wyoming, O., where she rtied. While she was in IndlanajKJlls she celebrated her sixtieth birthdav anniversary at the home of her son, Henry Thienes, 2202 North Capitol avenue. Iron Lenicne Election. The annual meeting of the members of the Iron League was held last night. Over 2Ö0 members of the order were present. The election of officers was held and resulted as follows: President, Benjamin Wilson; vice president, Henry Seaton; financial secretary. Thomas Dcmby; recording secretary, Samuel Doisey; treasurer. Holrnan McDonald. Board of director Edwin Baxter. W. Waiden. J. K. Walker. Henry Clay, Samuel Smith, James N. Shelton, Loul: Logan. R. H. Harris, J. E. Francis and Charles Miller. Ilettplte for Alleged Murderer. HARRISBURG, Pa.. Oct. 4.-5overnor Stone to-day ordered a respite for George W. McMurray. the alleged Erl county murderer, condemned to be hanged on Oct. 8. until Oct. 23. The rase has not been disposed of by the board of pardon. Eight-Page Colored Supplement Free With to-morrow's Sunday Sentinel. Of all newsdealers. Knight & Jillson Co. Manufacturers and Jobbers WROUGHT IRON Pipe and Fittings BOILER TUBES. MILX SUPPLIES, FUJMBKRS' SUPPLIES, PUMPS and WELL MATERIALS, INDIANAPOLIS,' - - IND.