Indianapolis Journal, Volume 51, Number 306, Indianapolis, Marion County, 2 November 1901 — Page 6

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THE IXDIAXAFOLIS JOURNAL. SATURDAY, NOVEMBER 2. 1001.

GRAND JURY ON TRIAL

jidgi: ALi onn m:cini:s that hc HAS M) Jl HIIJ!CTIO. The Civic Alliance Lo-t lit Hie Attempt to lu n Im U .Juror Other Court liuei. Tne Civic Alliance was again I foaled yesterday .in its attempt to put.Lh saloon keepers for violating the law, wh n Judge Alford, of the Criminal Court, held that he hud no jurisdiction in the impeachment proceedings filed against the grand juror?, and could not 'compe 1 them to tell how they voted. The members of the grand Jury, who were summoned to appear before the cm;rt and show cause why they should r ot to held for contempt, were arraigned In frort of the judge's bench. Charles 13. Itockw od and Charles Haugh, two members of the jury, were represented by John fr. Lun:an, who had a pile of law Looks in front id! him. The :y sat separate from the ether jurors. JIunttr McCaslin, another member of tho grand jury, but against whom i.o complaint had be n made, was l.-,o represented in tho demurrer to the petition. Mr. Imncm opened the argument and raid tho court had no right to question the otc of tho grand jury on any -subject, as that would expose how each member voted and disclose hii reason, which, the attorney said, was contrary to law. He cited numerous authorities and quoted decisions of Supreme and Federal Courts. l.ii F. Hitter, for the Civic Alliance, said that his petition tiid not t.sk which of the jurors vote.J against the indictments, liut he viiihed the rand jury punished for not beyir.fr the instructions of the court. He also .'OUK'IU to thow that the Civic Alliance witnessed had bun ridiculed by members ot the grand jury, and said that Mr. Duncan's argumfjit had no bearing on the case. Judgo Alford was not Ions in deciding that he had no jurisdiction in the case. Ho ftaid if soin of tho members ot the Krand Jury had left the room or had done other things not in keeping with the good conduct of jurymen he would have had jurisdiction to Investigate. He said: "If this court investigated and removed the grand jury I believe the nets of any Urand jury it appoints! to suce-e- ij this one would be illegal. This court might believe eples, but for it to say that the grand jury must do the same would b" to usurp its power. There is no 'lue.nion in the mind of the court that it ha. no right to question, no right to censure, no right to punish the grand Jury." - IIIIIUF IX SIIILLIM; CASK. It I Filed in the Supreme Court ly Martin 31. Ilusg;. A forcible brief was filed In the Supremo Court yesterday by Martin M. Ilugg in oprositlon to sustaining- the appeal of former County Recorder William 13. Shilling aiid his bondsmen from a judgment recovered against them by the Eoard of County Commissioners of Marion county in the sum of $2,C00 on account of certain fees alleged to have been illegally appropriated by Shilling to his own use between Nov. 11, la'jl, and June 20, 15, whilo holding the oflce of recorder. Mr. Hu?t: upholds the original complaint In tho court below on the grounds that it alleges Shilling failed to keep a cash book for recording fee?, as required by Sec. 124 of the fee and salary law of ISjI. that he failed and refused to turn over such fees as required by ?ec. 125 of the same law, and, that he converted the fees to his own use wrongfully and illegally, the Suuremo Court having decided in the case of" Harman against the board that such fees belong to the county. The contention that Prosecuting Attorney Igh and not the Hoard of Commissioners was the proper party to sue Shilling is answered by Mr. Ilugg by citing Sec. V',2 of tho law of 1SI1 as amended by the act of which gives the commissioners authority to bring such suits. The contention of Mr. Shilling's counsel that the act on which the suit was based hs a penal and not a remedial act is answered by Mr. Hugj by showing that the clause Imposing a penalty of 10 per cent, in addition to the misappropriated fees was intended to Indemnify the county for any loss that may have been sustained by loss of the money and not as a punishment to the official for withholding the fee The brief contains Interesting discus -ions of different partg of the fee and salary laws of Indiana, together with numerous citations of decisions bearing upon the Points eet forth. Question of CouimUslom. Tha question of collecting a commission for the sale of real estate from a guardian or administrator when a written contract is not entered Into, under the new brokerage !W;, was yest"day presented to Juuge AValicer. of the probate department. Christian Hilgenberg, a real-estate man. asked for his commission for Sellins property in the guardianship of Laura Applegate, from the Security Trust Company, her guardian. The trust company refused to pa v. The law prescribes the manner of collecting commissions from individuals, and this case Is to test its application to guardianships and administrations. Judge Walker has the decision under advisement. William II. Smith's Suit. William IL Smith yesterday filed suit against B. L. Ulalr & Co. for J1.0CQ and the possession of the copyright for a "Complete History of Indiana." The plaintiff says that he Is the author of the book and contracted with the company to turn hi material over to it and assign his copyright on the agreement that the company was to publish the hi-tory and pav him a royalty of fl.OO on each volume sold. He avers that the company printed the history, but has not made an effort to sell. He frays that Jl.'Cu is due him on books already told, and he asks for his copyright for the alleged breach of contract. A Verdict for $27-1.29. The jury in Judge Carte r's court yesterday returned a verdict for $271.20 against the Big Four Railway Company in favor of Charles It. Kemper. Kcmpler was a baggageman on the road, and when the company agreed to handle express for the American Express Company and the express company paid the baggagemen $!') a month for tlulr trouble, the railroad company deducted $h a month from the payrolls of its men. Kampier worked for same time under these conditions, and when "he demanded full pay the company refused' He then trought suit, ami the jury gave him a verdict fur the full amount. Sayn Mie n Defrauded. Alta Covington yesterday brought suit against Maurice 11. Teague for Jl.!) damages. She alhges that she was induced to purchase a hIf Interest in Teague' millinery store, at 12 North Illinois street, for ?1..aj. upon tha representation that the tially fcrosa receipts of the business were from 515) to isj. Sh- avers that the receipts wtre less than J!." a day and that she Vas defrauded. She also asserts that he was force. 1 to spend ? fer ch rk hire and Other expenses, bt sides her own time. Pound for the Defendant. Judge McMaster yesterday Instructed the Jury In the care of Umma 11. Witt against C. F. Adams efc Co. for Jo. s.00 damages, to find for the defendant. The Adams company is a furni.-hintf houo. and one. of its agents sold a clock to Mrs. Witt. A controversy cam:.' u: over the pnvment of the Installments and tin? agent loniblv took th ti:r.pi-ce. Mr. Wat alleged that he truck her. Alfred Hell ue for mm. Alfred L'ell. by his next friend. William W. 15. II, yesterday brought suit against the trt-ear company 'r $.',. 1 amai:e.. JO alleged that a st:et cv -tru k a' vehh d be wai driving, throw iag him out and fracturing hN riM ;u:d otherwise Injuring him. Tin: coi irr iti: oitn. Rri'i::cior: court. Itoom 1 John r.ratl, JudKe. Kmma H. Witt s. C. F. Adams 'onipsny; dam ig.-. Jury r.turntd verdict for C f'- ri'Iai t.

Itoom Z Vinson Carter, Judge. Charbs Tt. Kempher vs. C. C, C. & St. L. Hallway Company; account. Jury returned verdict for plaintifT for J274.2D. John W. Newson vs. Thomas J. IZast; note. Jury instructed and retire. CIRCUIT CO CHT. Henry Clay Allen. Judge. On motion of J. W. Haird. Joseph S. R. Crawford was admitted to the bar. Michael J. Collins vs. WilMam H. Hall; replevin. Jury returned verdict for plaintiff for possession of property and J200 damages. Anna M. Arbuckle vs. Frank M. Arhuckle ft al.; support. Dismissed by plaintiff. Judgment against plaintiff for costs. Sarah Jane Sellers vs. lilehard Sellers; divorce-. Dismissed by plaintifT. Judgment against T-laintiff for costs. Kzra K. Itobards vs. Indianapolis Streetrailway Company; d. images. Submitted to Jury. Fvldence heard. CRIMINAL COURT. Fremont Alford, Judg. Charles R. Rockwoo.I. Charles Tlauh, Huntr McCaslin. A. J. Allen. William Hamilton and John W. Thompson; contempt of court. Motion for discharge of Rockwood. Haugh and McCaslin sustained. John Dixon; incorrigible. John Dixon fdc? alhdavit. Age thirteen. Sentence suspended. Charles Weaver; embezzlement. Motion for new trial overruled. Fine Jl and sentenced to State Prison for two to fourteen years. Sebastian Bowman; petit larceny. Trial by court. Taken under advisement. NEW SUITS FI LFD. Carl Andlng vs. Pearl M. Anding; divorce. Superior Court. Room li. William II. Smith vs. the ji. l. Blair Company; on contract. Superior Court, Room 2. Alfred Bull, by next friend, vs. Indianapolis Street-railway Company; damages. Demand, $C,Uc. Circuit Court. Albert R. Ingersoll vs. Elizabeth Ingersoll; divorce. Superior C:rt, Room '2. Alta Covington vs. Maurice K. Teague; damages. Demand, $1.5c0. Circuit Court. Emma Hogan vs. Robert Hogan; divorce. Superior Court. Room 2. Less II. Sutton vs. Benjamin F. Wade; mortgage foreclosure. Superior Court, Room Z.

Tiic iiiGiiuit coihts' nriconi). SUPRKMK COURT. State ex rel. Wood vs. Consumers, etc., Company. Marion S. C. Reversed. Hadley, J. 1. Writs of mandate muit specify the particular things to be done. 2. Mandamus is a proper remedy to compel a gas company to furnish gas to a person who desires to use the same, when it is shown that such person is entitled to it. 3. A natural gas company organized under the act of lsy'j (Act l!i'., P. 22) and licensed by a city to lay pipes through its streets and alleys for the transportation and distribution of natural gas to its customers, is bound to fervfl all members of the public contributing to its asserted right, impartially, and to permit all such to use g.is who have made the necessary arrangements to receive it, and apply therefor, and who pay or offer to pay, the price and abide by the reasonable rules and regulations of the company. 4. The mere fact that such company is a voluntary enterprise in the general interest of the people of the city, and its purpose is not to make money, but to provide gas to consumers In the city at tho lowest possible rate, and that the supply of gas on hand or that it may possibly secure is insufheient to supply what customers it has now connected with its mains, in severely cold weather, and that to permit a person to use gas would be to further reduce the already insufficient supply, will not excuse such company from furnishing gas to a person who has complied with all the requirements on his part. 1:C1S. State of Indiana vs. Sopher. Hamilton C. C. Appeal sustained. Jordan, J. 1. A prosecuting attorney, in all criminal cases appealable by the State, may subscribe his name to the appeal notices and take all of the necessary steps leading up to an appeal to this court, including the preparing and signing the assignment of errors. 2. Section 8 of the act of March 12, l'jyi, authorizes an appeal for the proper construction of a penal statute. 3. Where a statutory law is clear upon it3 face, and when standing alone is fairly susceptible to but one construction, that construction must be given. 4. The phrase, "next term of court." as used in Section 4 of the liquor law of 1ST3, means the next term of court to which the appeal has been taken, and which commenced ten days after the transcript of the proceedings before the Board of Commissioners has been tiled with the clerk of the court, and a summons, if necessary, also served on the applicant for a liquor license ten days prior to the beginning of such term. 5. If a remonstrator to a liquor license appeals from the order of the Board of County Commissioners granting a license he must take his appeal within ten days from the time the decision Is rendered, and such appeal may be lawfully tried at the term of the court at which It is appealed, or at the term next followdng the riling of the transcript with the clerk in vacation. Or, If tho transcript is filed in term time, then such cause may be lawfully tried at such term after the expiration of ten days from the date of filing the transcript. C. An applicant to whom a license has been granted by the Board of Commissioners to sell intoxicating liquors is not estopped by virtue of an appeal by remonstrators to the Circuit Court In the exercise of his rights under his license until the close of the term of court at which jurisdiction is acquired by the court over his person by reason of the filing of the transcript. At the close of such term his rights under the order of tho board and the licence issued to him terminates, and thereafter all sales assumed to be made by him under the license are unlawful. 19jS5. State ex rel. Johnston vs. Wayne County Council. Wayne C. C. Affirmed. Dowling, J. 1. A township assessor whote salary is per diem for an indefinite period, beforo he can collect a claim against the county for services, must file it with the auditor and obtain its allowance by the Board of Commissioners. 2. Only in a case of emergency, arising after the close of the regular annual meeting of the County Council, can further appropriation be made at a special meeting of the Council. 2. The failure or refusal of the County Council to make an appropriation to pay a claim against the county does not affect the validity of the claim. linö. Keith vs. State of Indiana. Gibson C. C. Afllrmed. Baker. J. 1. In a criminal cause it is for the Jury to decide what facts and circumstances were proven beyond a reasonable doubt, and for them to draw the inferences deduelble therefrom; and if the inference of guilt was fairly to be drawn from the circumstances of which there was evidence, the appellate tribunal should accept the finding o? the jury, approved by th trial court, although other inferences might be drawn from the circumstances in evidence. 2. While the presumption is that a person was murdered in the county in which the dead body was found, yet it may be proven that the murder took place la anotlur county. C. Persons acquainted with a person who had been murdered may testify as to the identification of the xerson when found, although it is in a somewhat decomposed state. 4. Where the trial court heard evidence upon the expressions of opinion by the jurors prior to the trial this court cannot disturb the finding of the trial court. 5. Evidence of isolated threats by third persons against a deceased Is not admissible. 6. The weight and the ci edibility of the evidence of confessions in a given case are to be determined by the jury as facts. 7. Where a person is charged with murder it is not error tor the court to instruct the Jury that "If you find the defendant guilty of murder in the first degree, as charged In the indictment, you have the right to fix his punishment at Imprisonment for life, or that he suffer death. Minutes. 136JO. P.. C, C. fc St. L. Ry. Co. vs. John W. Fish. Pulaski C. C. Appellee's brief (S.) 10725. Indiana Trust Company, executor, etc.. vs. Susie A. Finitzer. Marion S. C. Appellant's motion for transfer to Appellate Court. 19. William K. Shilling et al. vs. State ex rel. Board of Commissioners of Marion County. Marlon C. C. Appellees brief (s.) IOC. T. 11. & L. Ry. Co. vs. William Erdel et al. Clinton C. C. Appellees' motion and brief to dismus (b) APPELLATE COURT. CS47. Lndd vs. Kuhn. Grant C. C. Affirmed. Henley, J. 1. Where a remote grantor of real estate Is notified to appear and defend an action involving the title to real estate conveed by him he has an appealable interest in such cause, and cannot be deprived of his risnt to appeal by any action of the grantee. 2. yustions depending upon the evidence, in a motion for a new trial, will net 1" considered when the evidence is not in the record. Ö. Exceptions to the conclusions of law stated upon special finding of facts admit the truth of the material facts found. 4. One tenant in common cannot, by purchasing an outstanding lien, acquire a title which will evict his eotenunt. CiT". Bartmess vs. llolliday. Tippecanoe 5. C. Affirmed. Black. C. J.-l. Under Sec. LY.O, Hums. lUt. when tho Inchoate interest of the wife i not directed by the court to be sold or hanvd by virtue of the sale, i he wife's in"ho ito inter t becomes absolute ami vsts in her in th s.une manlier and ) th-' sun. extnt as such inehoate Interest now bt -com s abflute on the death of th husband. . Ily demurrer to a cemplali.t to itvi.-w a judgment the correctness and completeness of the record set o it in th eompl lint is admitted. Z'O',. fiormley vs. Kiikland. Martin C. C. Alfirmel per curi.mi. Wnen the conclusion reached by the trial court, as dis

closed by the record, is eminently correct, th judgment is affirmed. 2V). State ex rel. Webb vs. Stockweli. Monroe c. c. Petition to file brief overruled. Minutes. 41S5. B. & O. S. W. It. R. Co. vs. Edward M. Roberts. Daviess C. C. Joinder. 40b 1. City of Greenfield vs. Mary E. Johnson. Hancock C. C. Appellant's application for certiorari. 4082. Alva Cox vs. David Cohn et al., executors, et al. Putnam C. C. Appellees' brief (i.) New Cases. 4JtO. Board of Commissioners of Jackson County vs. David A. Kochenour. Jackson C. C. Record. Assignment of errors. Notice. 42M Fred Laakmann et al. v.. Rebecca Throckmorton. Johnson C. C. Kecord. Assignment of errors. Notice.

Ri:CHT LEGAL, OPIMOXS. Liability of Father for Son's Tuition. The Supreme Court of Rhode Island has held that a father is not liable for services rendered in tutoring, during vacation time, his minor son. who lives with him and is supported by him, where the father is not consulted about and doe? not consent to the employment. Thre is no question that the statutes make education compulsory, within well-defined limits. A common school education i3 undoubtedly necessary, and under favorable circumstances a collegiate education may also be. Whether tutoring" in vacation can be said to be one of the necessaries is more doubtful, and the court suggests that continuous application, without rest or recreation, is not generally recommended. S3 Lawyers' Reports Annotated, No. 1, Judge Dubois. Telephone Companies Adverse Possession. A telephone company erected its lines on the land of another, and did ko without a claim of title. It cannot acquire a right by adverse possession to continue such lines thereon. The maintenance of the line upon such land for over twenty years does not raise a presumption that the company originally had a license go to do, but it will be presumed that such occupation was subordinate to the rights of the land owner. Consequently, where the company is maintaining its lines over the land without authority the land owner may maintain an action to ejtct it from the further use and occupation of the premises. 172 N. Y. Supplement, No. 1, Judge Forbes. Benefit Societies Sick Benefits. Wlire the charter of a benefit society provides for the suspension or expulsion of a member for nonpayment of dues, but further provides that no member shall be suspended or expelled without a fair and impartial trial, a member in default as to payment of dues continues to be a member in good standing until suspended or expelled, and until then is entitled to sick benefits. i'A Southwestern Rep. (Ivy., Judge I'ayntcr), No. 12. Fire Insurance Waiver of Condition. An "iron safe clause" in a policy of insurance requiring the assured to keep a set of books and inventory of the stock, which f-hall be kept locked in an iron safe at night and at other times when the store is not open to business, is a valid condition, and binding upon the assured, the breach of which will render the policy void unless it is waived by the insurance company. fo0 Southern Rep. (Ala., Judg3 Haralsonj, No. 16. Alimony Discharge in Bankruptcy. A discharge in bankruptcy dors not discharge the liability of a divorced husband to pay alimony, since alimony is not a debt due from the husband to the wife, the obligation to support a wife being imposed by public policy. U'2 Northeastern Rep. (Illinois, Judge Wilkin), No. 11.J Deed of Insane Ferson Validity. A deed executed by a person who Is non compos mentis is absolutely void and passes no title whatever to the grantee. The question of insanity is one of fact, and one that should be left to the determination of the jury. 'JO Southern Rep. (Alabama), "o. 16. THE OBSERVANT BANKER HIS 11AHIIEH, HE SAYS, CAN INFLICT l'L.N I S UM CXT GRACEFULLY. In n Reminiscent Mood the Hanker Tells of Other Things Peculiar to the Tonsorial Artist. "Barbers are a necessary evil," said the Observant Banker, "and bankers have to make use of their services. I mean -those who do not wear beards and cannot shave themselves. I have had the same barber for twenty years and think he can scrape a man's face with more ease to himself and inflict punishment as gracefully as any other barber in the city. "I pay tribute to ray barber. Yes, he is a gentle sponge, but in the long run that does not count. He in turn regales me with highly-spiced and effervescent gossip. He applies this in lieu of cocaine to keep you from knowing you are being shaved. "1 visit my barber early so as to be on hands early for my own business. The barber Is always at his post; it is always 'the early worm' with him. lis tells me that he does not have the dude trade as I fall Into his chair, and then he commences in a very confidential tone of voice: 'Say, boss, I haven't had any breakfast and don't feel very weil; can't you stake me two bits until I draw my pay'.'' "I reply that 1 cannot think of It, for if there is anything I despise it is a glutton. Then he settles down to business. He la brim full of talk. 'Look over on tne other side,' he says; 'Uncle Joj has snared another traveling man.' Then my barber tells me how Uncle Joe, another barber, gets that particular class of trade. 'You see,' he says, 'Uncle Joe every morning at the commencement of his day's woik rubs his hands and knuckles with goose grease and anise seed oil to make them supple, and the odor attracts every traveling man that comes in at the front door and he goes straight to Uncle Joe's chair.' "Of course I swallow my barber's yarn, but tell him to please hurry up. when he breaks out again. 'Lo you see that squirrel over there?' he says. "He is a genuine old fox squirrel: gets shaved twice a week, but patroidzes that other barber. I used to shave him until one day he put his tongue way out, licked his face just under his eye, telling me I had left some hair there, and I accidentally cut him. Then he quit me. He is a vtry good man, but I have no regrets, for he wanted me to not only shave his face, but to trim the hair in his nose and cars, shave the back of Iiis neck, trim his eyebrows and rub his head, all for 10 cents. Every other time he would givo me a Wheeling stogy, one of the kind they sell twenty-six for a quarter. Yes. boss, we see strange things in a barber shop.' "At this point 1 mildly askeU my barber If he could not see Iiis way clear to let me out of the shop, as I was already late to my business and that the enamel was about worn oil" my face anyway. With a sly look on his face that conveyed the impression that I did not know a good thing when I saw it the barber finally released me, but with enough solicitude for my welfare to accompany me to th? cashier's desk to receive the customary tip." ChryHan theiuum Poets. They're writir.jr dainty verses cn th big chrysanthemums The same oL! sort of melody through a!l th stanzas hums; They harp about the beauty of the uncombed ragKcd bloom, ' And sln a.s li iho blossoms haJ a presidential And this i why: Chrysanthemums are rather out of reach. When üorlsts tell the blossoms at a rotund dollar each. The have, in i;lov:ns glory, strew ths vallev and th hill. Like a farwvll mtiM of summer that would linsr with us still; All red and poM th ir beauty blazes through the ;ut'Ji.:n La'. While tht-y (latter on the breezes in an ever-char.-irig raaze, Hut tin; lo.Ts en Parnasu3 sin- the dollarM'Mini Instead, And hail it a a Pun, with its rough and shaggy lit ad. And so thry sing of Powers that the hothu coax out. And shut th' :r eye to beauty that Dam Xatuie straws abut. P.ut th poets have to lu.-tle in the. niicerary tirm's ' ' If thevM nuik a c!.-s connection with th- t!uland the dimes, So thy siva u' th-j c!-.amheniu,Ti, in rhvthm ery n!--". i;e.-ai th-y hav to buy it and they have to rai-e the ; rLv. ". l. Nfibit, in IJaltinwr American. "Teddy"' Kvans. a fifteen-year-old boy. who was Implicated with William Shaffer In the sualing of a small engine from Allen Jennings, of H.'o Prospect street, several days ago. was arrested yesterday by detectives.

PYLE HOUSE CONDEMNED

ritAMv 3i. r.vivm: will i:ui:ct a 1 1 A Ml O.M K STH l CT I H IZ. He Confers vlth the Hoard of Works -Internrlian Contract-Municipal AfTuirs. At the meeting of the Board of "Works yesterday the principal matter up for discussion v.as In regard to the condemnation of the old Pyle House, on Meridian street, opposite the Tublic Library. Property owners in the neighborhood have for years endeavored to get the old residence blotted off the map, but all efforts have heretofore been in vain. So strong have been the representations made to the new board that it concluded to attend to the matter without delay, and yesterday, after a conference with Frank M. Fauvre, the principal owner of the property, it was agreed between the board and Mr. Fauvre that the Merid-ian-strcet rart of the unsightly old house shall be torn down. Mr. Fauvre, It is statt d, will probably erect a handsome structure on the old fite. George F. McCulloch, of the? Union Traction Company, appeared before the board in regard to the interurban contract and asked to inspect the original contract, which the board changed considerably at its recent meeting. Mr. McCulloch assured the members of the board privately that, as far as he is concerned, there exists no obstacle to the signing of the contract, and it is believed that the present draft is satisfactory to all parties concerned. The members of the board will probably affix their signatures to the instrument Monday morning. A member of the board said yesterday that, while the Indianapolis Streetrailway Company will have a voice in the future changing of routes of the interurban companies, its suggestion must be approved by the board before any change is made. The members of the board inspected the repairs to the roof of Tomllnson Hall, which are now going forward, and made some small recommendations. Children Exposed to Danger. School Commissioner Charles W. Moore called the attention of the Hoard of Works yesterday to the danger to which school children are constantly exposed in crossing the Celt Hallway at Sheldon avenue. About five hundred children attending the "Washington School are compelled to cross these tracks dally, and one little girl was severely Injured at the point mentioned. As a measure to relieve the danger Mr. Moores asked the board to open Sheldon street Immediately south of the Belt tracks, which will give the children access to the school without exposing them to death by the cars. lie called the board's attention also to several railroad crossings in the eastern part of the city, where children are obliged to walk for some distance over the tracks of the Belt in order to avoid bad streets. The board will look into the matter at once. Riverside lloatlnjr Contract. The regular meeting of the Park Board took place yesterday, and the weekly and monthly pay rolls were approved. Captain Orla Edgington received the privilege for boatinsr at Riverside Park. He will take the contract on pcrcentase, paying the board 13 per cent, of the gross receipts the first year, 20 per cent, the second year and 25 per cent, the third year. He will build and maintain two docks and landings for the convenience of the public, and will have at his disposal the steamer Helen Gould, ten rowboats and five canoes. Norveil & Sullivan, who had the contract formerly, were unable to make the contract for boating privileges pay and threw it up. Conferred with the Controller. The Council committee on finance conferred with Controller Breunig yesterday afternoon in regard to the $Cd0 additional appropriation asked for by the controller to cover the miscellaneous expenses of all the city offices, with the exception of the controller's. The chief feature of the appropriation will bo to provide for the amount yet remaining to be paid for the printing of the Council proceedings. The old appropriation for that purpose was exhausted and $'C) more is necessary. The committee approved the recommendations of Controller Brcunig and Monday night the appropriation will be granted. Citizens from llnnghvllie. Among the petitioners before the Board of "Works yesterday was a delegation of citizens from Ilaughville, who informed the board that the suburb must have better street-car service. They ask that the board order the street-railway company to extend its tracks north from the Malleable iron works to Tenth street, then west and south back to Ilaughville. By this means a loop would be formed which would relieve the situation, in the opinion of the petitioners. One Appointment Mnde. Walter Sourbier was named yesterday by the Board of Safety as engineer of Tomllnson Hall at a salary of J2 per diem. The bond of Captain of Detectives Samuel Gerber. Jl.twO, bearing the indorsement of Patrick Freany, was approved. The board discussed routine business. . . nOAltD OF PLIJLIC WOIIKS. ASSESSMENT ROLLS APPROVED. Final roll for gravel roadway and cement walks on Kenwood avenue, from Thirtyfifth to Thirty-eighth street. Final roll for roadway, gutters and curb on Thirteenth street, from College to Hellefontaine. Final roll for sewer in first alley east of Weit street, from first alley north of Morris to Wilkins street. Final roll for local sewer on Twentyeighth street, from Illinois to first alley east of Capitol avenue. Final roll for wer on Blake street, from New York street to third alley south of New York. Final roll for cement walks on Capitol avenue, from Thirty-fourth to Thirty-sixth street. Final roll for cement walks on south side of Washington street, from California to Blackfcrd street. Final roll for cement walks on Gale street, from Massachusetts avrnue to Twenty-first street. PETITIONS FILED. For walks and curbing on Linden street, from Prospect to Orange. For cement walks on Ohio street, from Highland avenue to Oriental street. For walks on north side of Massachusetts avenue, from Cornell avenue to L. E. & W. tracks. CONTRACT AND BOND APPROVED. On Julius Keller for cement walks on Belmont avenue, from Michigan to Tenth street. On Julius Keller for cement walks on Illinois street, from Ray to Morris. On Julius Keller for cement walks on Rural street, from Nowiand avenue to Massachusetts avenu. On J. 11. Roberts for walk and curb on Noble street, from McCarty to Buchanan. On Francis M. Lackey for walks and curb on Ruckle street, from Seventeenth to Nineteenth. On F. M. Lackey for roadway, walks anel curbing on Boston street, from Talbott avenue to Pennsylvania street. RESOLUTIONS ADOPTED. For roadway, gutters, walks and curbing on Minnesota street, from Meridian to Illinois. For roadway on Minnesota street, from Illinois to Senate. For roadway and walks on Adler street, from Bluff avenue to Senate avenue. ACTIO N D EFE RR El . On the remonstrance for opening of first alley south of Twentv-first str-et, from M.-iidkiri street to first alley east. CONTRACT AWARDED. To Augi: Ruthe for graJinp. cementing, etc.. at the City Hospital. The Old Board Reappointed. The annoum-ement was made at the Governor's (di cu yesterday that the members of the former Board of Monument Regents have been aj pcinted on. ..ne new Board of Control, us previously announced. Th new board is made ii! of Benjamin F. Starr, Richmond, who will t-rvc three years;

V. Menzies. Mount Vernon, two years, and I. N. Walker, Indianapolis, one year. RELIC OF THE CARNIVAL.

A Lizard Fun ml Xear the Former "Ilenutlful Orient." A reminder of the recent carnival was brought to State Geologist Blatchley yesterday in the shape of a beautiful lizard that was found by the janitor of a building located on the edge of tho "Beautiful Orient." The lizard belongs to a family Indigenous to the South. It has legs of yellow that occasionally turn to rich old gold In color. The tail is twice as lor.g as the rest of the animal. In Arkansas these lizards are called "man eaters," although perfectly harmless as a matter of fact. The beauty of the animal is enhanced by minute sparkling scales. The geologist's collection of animals was further augmented . esterday by the receipt of a handsome tiger salamander from W. G. Floyd, of No. 7r.l East Walnut street, this city. The salamander is of a rich brown color fit eked with prominent spots of bright yellow. It, too. is regarded by many persons as poisonous, when it is known to be absolutely innocuous. FOR FEMININE READERS WHAT Till: WOMi: WHO FOLLOW FASHIONS A HI? WEARING NOW. Expensive, Weddings One of the Fol. lie of the Time To Learn Ways of Hotel Odds mid Fnd. The straight-front corset is in greater demand than ever this season, says a writer in the New York Post. Black fox, showing a few silver-white hairs, is one of the season's favorite furs for boas and pelerines. Tho low coiled coiffure is much more centrally adopted in Taris and London than on this side of the water. The very latest walking skirts arc made to show the feet to the top of the instep, and arc of equal length all around. More stylish cloth skirts are made with a separate drop skirt of silk than with a lining; sewed in with the outside fabric. The Raglan sleeve beginning at the wrist and terminating at tho collar has had its day of popularity, ind is now considered passe. Shaggy camel's-hair ft Its and silky beavers are among the highly favored fabrics used for autumn toques, turbans, and short-back sailor hats. The etyle of hair-dressing so universally elected for during several seasons past, and known as "the extreme Pompadour," has rassed entirely from fashionable favor. Black, black and white, and some very delicate and beautiful shades of gray and brown are the favored colors this fall for full fluffy ostrich plumes on visiting and promenade hats, with matching feather boas en suite. At the fancy dry goods houses are set forth some novel and attractive belts finished with quaint clasps or buckles. Moat of them are extremely narrow, and curve low on the front below the slightly drooping blouse-front of the bodice. The sale amount of combination underwear has been almost double that disposed of at this time a year ago. The continued vogue of piincesse and all other kinds of shcath-shaptd dreas skirts has brought this style of garment Into prominent favor. Narrow ruches of black point d'esprit, either shirred or pleated through the center, are an inexpensive and very effective sort of trimming to select in making over a silk or satin gown, either in black or colors.. Draperies and ruches of the net should then be added to the bodice. Delicately tinted velvet appliques in artistic Persian effects and likewise black velvet designs to be used alike on gowns, fancy wraps and high-grade millinery are greatly in evidence this season among the most expensive and recherche importations from both Paris and London. To be worn en suite with shaggy costumes of camel's-hair or English cheviot or tweed are hats of very rough felt sanglier felts they are called, upon which eagles' plumes and other stiff feathers are secured with knots of brown, green, brilliant scarlet or equally brilliant marigold yellow velvet. Pompadour or Marie Antoinette silks are extensively employed in the making of draped corselcts, belts, blou.se fronts, collar and coat linings, colonial waistcoats, etc. Edged with black velvet ribbon, it decorates some of the very stylish autumn gowns and forms a very handsome combination. The new shade of green, camel's-hair, faced cloth and Venetian for winter costumes are combined with various handsome furs and look remarkably well with nearly every sort. They are extremely smart and attractive with black fox and black silk embroideries en applique or with black Persian lamb, looking brighter and richer by contrast. They also combine very elegantly with mink or sealskin and are in equally good taste with trimmings of beaver or lynx. Golden gray beaver will again be used with castor or fawn colored cloth by women of clear complexion, with rich color. The handsome shades of brown are, however, becoming to more types of faces than any other color in the entire list of fürs. Buckles of every shape, size and description are used on autumn and winter headwear nd libitum, on the top of the crown, under the brim, at the back, on the edge of the brim In front or at the side, and put on at every possible angle of the hat. very frequently without the least regard to appropriateness or use, large oblontr buck'rs often showing conspicuously just above the nose of the wearer of a hat tip-tilted over the eyes or above the left enr of the owner of a dashing Di Vernon model. Tii?;h in the air on the right side and sco,, ping down equally low on the left. The exhibit of quaint styles in clasps and buckles is most varied and elaborate this season, and the prices paid for them range from. 50 cents to $:o. They Ilent the World. New York Times. "When it comes to learning how to do things in the proper style American women beat the world," said the proprietor of an up-town hotel. "If they are ever caught at a disadvantage when they go away from home it won't be their fault. Why, they are even making a rtudy of the art of putting up at a hotel In a genteel manner. They go about their lessons in a practical way, tco. It is easy enough to get the theory of 'how to repi-ter and conduct yourself in a public hostelry from book3 and newspaper articles, but aU the theorizing in the world isn't worth one pinch of real demonstration. "Women realize this and they are going in for the real thing. A gocd many women who are now perfecting themselves in hotel deportmeru have never been any farther away from home than Coney island, and probably will never got any farther away. Lut It is the Innate desire of every woman to travel, and as she fully Ixhevfs that some time she will have the opportunity to gratify her wishes she doesn't intend to take any chances on being caught napping whtn the happy time arrives. "Mose of these Ptuder.ts in hotr-1 rr.anncrs are women of limited means, but they save up enough money to pay for a day of wild hliarity at a mod-rate-pric-.-d hott 1 and go through the formality of registering and engaging a room and bossing the servants around and ordering meals with as much ginger as if they had come pii the way from Kansas City or San Francisco. These prospective travelers have a mania lor learning to order from mentis printed in a foreign language, and some of them who had a little practice are now so accomplished that they can dine in any kind of a r staurant under the sun, and pick out a ten-course dinner i:i any tongue from Eskimo to Hottentot. Thir duration i: comparatively in-xj i-nsi and I'll wagT that when these merjn ising N w Vnik womn g-t h ehar-r ti spreau th-m-: tlves outside their native It ith they wi'.l be aide to give pointers to old g'o'.' trotters in th- matter of notel and public restaurant etiquette." lnoiny In Meat. New York Evening Sun. MMt is by all odds the expensUe item in table economics. Eliminate the meat bill and the hou.-ehoid c-ccamts ;ire l.ug!y ben-.-iited, or reduce? the' mct bill and they are somewhat impro 'id. Thi mistake the inexperienced housekeeper makes is that of buying only the expensive cuts, not knowing how to get RoewJ meat otherwise. There Is really nothing else te do in buying .-teak ami chops than to order the best and pay a

if"

.-"1 ; 81 y 1 1' l"vi-l5.

November 5tK and I9tK, December 3d and I7tH, are the dates of Homeseekers, Excursions via

j the BURLINGTON ROUTE to points West and

Northwest. J'or details of these excursion?, apply to G. P. A., .St. Louis'. Mo. Lb "I " .,!' A.j-'"

THE CECILIAN That wonderful piano player, does fcr you what you could not p..silly do for yourself, no matter how great your talent nor how broad your technique. At your bidding it plays great orchestral woiks beyond the poibilitics ( the human performer. It is not con t'med te the works of a few compos, rs. but it covers the Nhole field, and, what makes it more interesting, it will play according to your mood, its touch, phrasing, tempo, being under the control of the operator. Fnc recitals to those interested. THE STARR PIANO CO., 13 West Washington Street. Indiana's Representative Piano House. After .Nov. 15, 13S-IO N. Pennsylvania St. New Pianos for rent at $ 3.50, $ 4 and $5 per month.

good price for it. Tough Ftcak 1?? very poor j economy. liut it Is in tho mixed dishes that economy is possible, and, therefore, a working kno'wledge of some of them is to be recommended. For instance, a steak that would by no means be good when broiled may be so cooked ay to be a most delicious dish. Dust with salt and pepper a two-pound steak cut from the round. Such a fcteak will cost much less than a sirloin or porterhouse. Put it into a double boiler if the kitchen lwasts that cenvenlence; If not, improvise one by putting a covered .saucepan inside a larger one in which is the water. Melt in another saucepan two tablespoonfuls of butter, adding to it three tablespoonfuls of flour and cook thoroughly. Add to this some stock, less than u pint, one teapoonful of minced parsley and a few drops of onion juice, then pour the mixture over the steak in the elouble boiler when it has become verj' hot. Ect it boil up luiekly. then so regulate the heat that the meat will merely simmer until tender. Add one cupful of oysters or a few mushrooms. A little minced ham gives a good flavor and may be used with either the mushrooms or the oysters. Another ecouomlcal way of dealing with the meat question is to take the same Inexpensive sort of steak, one weighing about two pounds, and stuff it. Make the stuffing of one cupful of bread crumbs, mixed with a good-sized piece of butter, seasoned with tsalt, cayenne, minced parsley and onion juice and moistened with a little Ftock. Spread this over the steak and roll it up, fastening it with string. Put it on the rack in a roasting pan. pour in a small amount of stock and basten often while baking. In thirty minutes the meat thould be sufficiently cooked. Place it on a hot platter, remove the string and with a brown sauce made from the pan liquor add to it a flavoring of tomato. The Evolution of Woman. W. D. Ilowells, in Harper's Bazar. Women used to be told, when they ventured into some public fields where they are now such familiar figures, that their place was the fireside, the family altar (typified by the cook-stove and the wash-tub in most houses), and, in fine, the home. We do not remember that they were in the habit of oienly retorting, "Whose home?" but surely their adisers were open to some retort. It is because women have, in the hideously egoistic and erroneous development of our commercial civilization, been obliged so often to make the homes they were bidden keep to, that we now find them the rivals (alas! sometimes the victorious rivals) of. men. not only in the graces, but the industries, the arts, the sciences. The part they play (it is very like working) has been less chosen than forced upon them by the brutal and entirely man-made conditions of the life which prevails throughout the world ironically calling Itself Christendom; and their schools cannot do better than continue to fit them for it. until their brothers shall Imagine some gentler and juster economy, in which they shall each be chosen a wife by a husband worthy of her, and dwell with him in a home of their common creation, safe from want and fear of want. Even this millennial vision should not involvo any obligation to matrimony R3 to a state more honorable- or more ideal than ce-libicy. The apostle had something to say for that which will always commend itself to consideration, and no one can have lived long In the world, or met many maturely unmarried women, without questioning the rltrht of matrimony to hold itself as the onlv holy estate, or the holiest. It is holy if the married pair behave themselves; and if they do not. why. celibacy seems rather preferable. In millennial conditions, even, it is doubtful if it ought to be commended as the chief and primary motive in woman's education. In this premillennlal epoch (vre now all know that A. I. 2000 is the true millennium) It certainly should not bo suffered to bring Ignominy upon any of the occupations in which women find prosperity. Expensive AVeddlnffs. Christian Endeavor World. "How much extra money did you have to plan for when you were married?" a young man asked of his most intimate friend, a clerk on a salary of 1.2o0. The married man, without a moment's hesitation and with a cloud on his face, answered: "Something over five hundred dollars." The face of the questiomr f II. "Is such a rate of expenditure as that necessary for men In our circumstances?" he ventured to ask next. "Necessary!" repeated the young husband, with almost a sneer on his face. "No, indeed. A hundred and fifty, or two hundred at the outride, would have been s'lihcient if Kate and I had been strongwilkd enough to rise above a thousand foiiies that fashion has decreed shall be indulged -at such a time. We are tili at work over money problems that date back to our wedding day. Still, If we had it to do over a;;a;n. I don't know that we should be more sen.-ible. - .Ide-rols of this sort St em to b dear to the heart of women." Is that true, 1 wonder? Are women more trivial, more stilish, more trammeled by custom, than men? Or are they simply thoughtuss. falling In with the current? 1 suppose there is no social function that is to-day more in med of reform than is the fashionable wedding. The time was v. hen the energies of reformers along thise lines w re exp nd.-d upon funerals, but th- re has been a distinct advance here, so that now the sarcastic your.g woman who said that she could not afford to be either married or buried may rest in the thought that it has become possible for her to b r-sp-ctal ly buri l without ruining her f.ithtr. Put. so far as marriage is con(t rr. I. it i-" to be ft and that each year the .! ma nils- of fashion b- curr.e more ixr' n:ve and exacting. Who among the prosr.ectlvc brides of the present Season will .t t as ii' r.ei-rs in this matter and intioduce reform? Why Dei Women Disagree f Newark News. Why do women dislike other women? "It isn't jea!ou!y," said etno of the .-ex, "because the dislike is not confined to horr.e-ly and unsuccessful women, and ihe ohj' cts are not always pretty and sucee.-s.-ful or.' s. It may be he-can. -e women ate not so t asily "d !n-.' "It is not b.eause wormr. are women that th y are di-liked by their own sex 1:1 bu-i-l.e.". It N Krause the average 'home woman' do su't understand. Fh- i u.-ually monarch e.f In r home, absolutely th m- t important p r.-on in it. and she hs.i the true appreciation ot the import ance : other p ople tiiitsiii-- it. A man in business i; constantly I lovii;!'.: i.i e nil et with i.l-w who at-' bis eipiaN ot superiors, who have- mual li'hiM with 1 1 i : 1 1 . wli r-. v. ua : n may rl ml two hours a l;;y visiting with cal' t ol her own ur.itlc of intelligence, :i against MXleeU Spent with the nil ir li a nl tne servants. When she does meet m n it is either in the rapacity of grocery b.s or c!i rk whose business it is to defer to Ii r opinions, howvvtr illogical, t-r in a oc'dl

' III li n-wl ij , 1 1 i i i I llin hihi mm I T lit . - .j 1 i i r - V,- 1 HOMESEEKERS' I EXCURSIONS.

your nearest ticket h treat or wiite W. M. SHAW, I. P. A., l' Vine L. Cincinnati, O. NOTHING EXCEPT THE MINT CAN MAKE MONEY WITHOUT ADVERTISING For Rents For Sales For Exchange For Trade For Help For Situations Etc., Etc. Sunday's Journal Teloplione AND YOUR AD. WILL DE CALLED FOR way, when it isn't worth while to combat her ideas If they happen to be erratic. "So that unless she makes a very reüt effort she becomes positive and dogmatic, and when she meets other women where there Is a clash of interests she expects th same deference from them that she receive in her daily surroundings from men, and this is In a great measure the reason why women's discussion, when it strays outbid the realms of dress and babies, Is not always as peaceful as is desirable." AVbut She Learned lu Local Council Xew Orleans TIme:-Democrat. "Talk about the domestic help problem." said a prominent New Orleans woman recently, with a dainty lift of her full whlta brow in mock despair; "why, it Isn't a circumstance to the 'cares of state' which men have to worry over every day. I never fully appreciated the dally burdens ray husband has to bear until I went Into tha Local Council and began to dabble In civic a flairs myself. And do you know," shj continued thoughtfully, "X relieve that la to be tho ultimate outcome of thl xodu of women Into what have hitherto ben exclusively masculine spheres. The pendulum of revolution is already twinging backward; womem who were not forced to eaxo a livelihood, but went lno tho buslnew world just for the novelty of the thing; and wealthy women who. tej till an Idle hour, organized clubs for the study of political economy, are returning to their dornestlo sphere with a wider appreciation of th cares and responsibilities c.f masculine existence which had seemed light to them from very ignorance e.f the ir nature, and u wider, WHtnii-r sympathy for the dlniculties of the masculine spheres which som have tried in vain to rill. And instead of growing masculine women will hae gained a truer womanhood by the experience." Otll anil I?nd. A Jump of camphor In your clothes prest will keep steel ornaments from tarnishing. Pre nch chalk wet with cold water and applied for twelve hours will remove jrreas spots from wall paper. Common petroleum jelly arts like msglc upon some persons' hands and wrists, and for genuine family use outvit-s half the expensive creams extant. The corners of rugs may be prevented from curling by sewing on thiir undr edfces a piece of narrow webb'rig such as is used In holding furniture springs In place. Had soap and imperfect drying cause hnlf the facial woes, bad cooking and foedisli eating the rest of them. Care is the bet cosmetic, anel eating only a fufllcieiicy will scare away coarsene-ss of outline. The task of seeding raisins is not a pleasant one. To avoid the htlckinetss that desc nds upon the lingers and gradually spreads e r h!I the surrounding rub 4 little butter on the ringers and on the knife. A splendid brine for salting te-f may b made with a gallon of boiling water, a trille of salt, a fe-w cents' worth of saltpeter and two tabh sfioonsful ,f brown bugar. Let the beef remain in It for a fortnight. Wrap hot baked potatoes in a teiwil as soon as taken from Uk oven and press e-a. h slightly till it bursts. Th' y will I dc-lL-iouly imaly. while if shoul hap them hot in a vegetable dish and put 0:1 the Iii ö'ou would have a watery, hi rlavoiJ tuber iiot fit to eat. The rheumatic season draws- e.n apace. We do not pretend to qive h remedy fur this disease that e'auses so much suffering, but h re is a good iM.i-fa-hio;.ed Ilrdi! nt. it is made of spirits of r:unphor tlnctiite of opium and spirits of ammonia. a h h ill dram live oil an ounce. ; This imike-s an itird-ion which is tu be 1 cautiously u;,., ;rnally only, and It I should In- w 11 sliakell before using. i Talking f butter starts me off on an- ' etht r tangent. Some time ago a e-oukln ttaehr, sp.aking of m.- proiitU- wast m ; Amciicau liont holds, s iid t goodly pi-t j of it oiiil 1 be trace. I to the extravagant Use j of butter in eonkini:. f t,ne would r m-m-; be r e ve i y time t tie t, nipt et Ion Conus to add an additional table spoonful to some elish In I preeeess of preparation that a table sp..iiful I of batter weighs an ounce and has, tin re-- ! fere1, a ele-tinite' Vahle. J er lelits. as th j e rise ir.iy be-, ne ferm e.f this wast. might ! be- StOpI e el. A pure lee e-f fat. ;IS SU t W t il j tried out, can often be SUb-tltUtel for biit1 ter to the it Irrnit'iit 1 1 -'iu-nl)y of Uolb tlavor and tihjcsth.u.

CENTS A 7 WORDS TO THE LINE

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