Indianapolis Journal, Volume 53, Number 36, Indianapolis, Marion County, 5 February 1903 — Page 2

TSF. INDIANAPOLIS JOUKNAT THURSDAY. FEBRUARV. . 3. 1003.

ronfldently expected that the court would jphoid the ioer of the city to require protection to the public. In t'.iU expectation wo luve relied primarily on the advice of Mr. A. J Mason, who drafted the city charter. I have at ha ml now a letter from him under date of Dec. b. 104. In which he said. "In preparing the subtopic of 'Railroads' in Section 3 of the city charter I undertook to Rive precisely the eame iwers to the city In reipect to the elevation of tracks which were Kiven in np?ct to viaducts. A careful reconsideration of the lanKuage of the section confirms me In my opinion that there Is no difference whatever in the extent or the nature of the power of the city of Indianapolis over the two subjects. An amendment in my opinion is entirely unnecessary." It will be found that the language In the city charter of Indianapolis 0:1 tills subject Is almost precisely the cam as in the charter of Chicago, while the j-ack elevation ordinance is substan

tially the fame as the one known there as the "entering weds ordinance." through which the railroads were brought to terms. Inasmuch as the Illinois courts upheld both the charter and the ordinance on this question, we have expected that the Indiana courts would tak the same view of the matter. The decision, however, is against the city, and It becomes necessary to appenl to the Legislature to now give to the city the power which we hae supposed it already had. This Is the manifest duty cf the Legislature, for certainly tho city should have ample power to require the best protection to the public. If the Legislature falls to confer upon the city trls power tho public would then be at the mercy of the railroads. A bill fully afesusrdlng public rights and conferring upon tie city government ample power to properl deal with the question should be ;jassed itlthout delay. The present " situation calls for Immediate action. The mayor's commission was appointed. It Is understood, at the suggestion of the railroad companies, who in their communications have recognized the necessity of doing something for relief of the public, and have Indicated that with the co-operation of the commission they hoped to be able to adopt the best plan. Thla being the case the city should immediately be vested with power to carry out the plans which are under consideration." MR. KERN'S VIEWS. Former City Attorney John W. Kern, who prepared the track elevation ordinance, declared invalid by the Supreme Court, in discussing the court's decision, said: "I have read that part of Judge Jordan's opinion which was published in the evening papers. The opinion seems to have been carefully prepared, and shows that the court has given careful consideration to ail points rained. The ordinance which the court decides to be invalid was substantially copied from the O'Neill track elevation ordinance of Chicago, which was the preliminary enactment of the Council of that city on the track elevation proposition. As a matter of precaution, apprehending that the Supreme Court might decide this caso just as It has. a vigorous effort was made four, years ago, and again two years ago, to have the Legislature so amend the city charter as to confer specific and unquestioned authority upon the municipal authorities to compel the elevation of tracks, but the railroad and other corporate Interests proved strong enough to prevent a serious consideration off the proposed amendment. Two years ago the pendency of this suit was urged as a reason "why the charter should not be amended. Now that the question has been decided by the court that objection is removed. The litigation has accomplished a useful purpose, namely, it has brought about a decision of the highest court which defines WEATHER FORECAST. Falr and Continued Cold In Indiana To-Day and To-31orrovr. WASHINGTON. Feb. 4. Forecast for Thursday and Friday: . For Indiana Fair and continued cold on Thursday; Friday fair; diminishing west to north winds. For Illinois Fair on Thursday; continued cold; Friday fair; fresh to brisk west to north winds. For Ohio Fair and continued cold on Thursday; high west winds; Friday fair. For Kentucky Fair on Thursday and Friday. For Lower Michigan Fair on Thursday, except snow on west shore and in extreme north and northwest; brisk west to northwest winds; Friday fair. Local Observations on Wednesday. Bar. Ther. R.IL Wind. Weather. Pre. 7 a. m..m.3S 34 82 S. W. Lt. snow. .OS 7p.m..23.SS 24 6 W. . Cloudy. .03 Maximum temperature, 34; minimum temperature, 24. Comparative statement of the mean temperature and total precipitation on Feb. 4: Temp. Pre. Normal 27 0.12 Mean 29 0.11 Departure z 0.01 Departure since Feb. 1 S2 0.21 Departure since Jan. 1 1 0.16 Plus. W. T. BLYTHE. Section Director. Yesterday's Temperatures. Stations. 7 a.m. Max. 7 p.m. Abilene, Tex 26 44 40 Amarlllo, Tex 14 40 Si Antonio, Tex 46 id 50 Atlanta, Ga 60 6 48 lilsmarck. N. V 4 S 6 Euffalo. N. Y 34 60 28 Cairo, I1U 32 58 32 Calgary, Alberta 10 24 IS Chattanooga, Tenn 54 65 43 Cheyenne, Wyo 4 24 12 Chicago, 111 30 22 Cincinnati, 0 4S 43 26 Cleveland, O K 32 66 23 Columbus, 0 46 45 26 Concordia, Kan 30 15 20 Davenport. Ia IS 24 16 Denver. Col ' 0 34 12 Dodge City. Kan 12 32 24 Dubuque. Ia ... IS 21 16 Duluth. Minn 6 24 IS El Paso. Tex 24 60 46 Galveston, Tex GO 60 66Orand Junction, Col.... 4 22 12 Grand Haven, Mich 26 22 Havre, Mont 10 24 20 Helena, Mont 6 26 22 Huron. B. D 4 11 4 Jacksonville, Fla, 62 76 C6 Kansas City. Mo 14 24 1 Ander. Wyo 8 IS 12 Little Rock. Ark 30 42 33 Louisville, Ky 41 , 45 28 Marquette. Mich IS 0 20 Memphis, Tenn 38 42 40 Modena, Utah 18 12 4 Montgomery. Ala 66 60 52 Nashville. Tenn 60 66 32 New Orleans. La 60 62 64 New York city 38 64 46 Norfolk. Va 62 68 66 North Platte, Ntb 6 20 14 Oklahoma, O. T 20 33 36 Omaha, Neb 8 13 14 Palestine, Tex 34 46 42 Parkersburg, W. Va.... 62 64 20 Philadelphia. Pa 38 60 54 Pittsburg. Pa 52 ft) 30 Pueblo. Col 2 31 28 Qu' Appelle, N. W. T... 0 20 20 Rapid City. S. D 16 24 14 St. LovC Mo 24 26 26 St. Paul. Minn S 22 18 Salt Lake City. Utah.... 6 24 10 Santa, Fe, N. M 34 26 Shreveport, La 33 - 48 41 Springfield. Ill 24 26 20 Springfield. Mo 16 28 26 Valentine, Neb 2 28 20 Vlcksburr. Miss 52 52 46 Washington. D. C 44 66 60 Wichita, Kan 12 32 28 a HOVEHEUTS OF STEAMERSNEW YORK, Feb. 4. Tho transatlantic liners St. Paul, Teutonic. Moltke and Am terdam were prevented from sailing today for want of coal. The American line agents announce that the St. Paul will sail to-morrow at 6 a. m. and the White Star agents say the Teutonic will not get away unui 2 o eiocK to-morrow. Arrived to-day: Lorn bardie and Algeria, rrom Genoa; Pom eranlan. from Glasgow. LIVERPOOL, Feb. 4. Sailed: Germanic and Lancastrian, for New York; Noordland, zur 1 nuaaejpnxa. MOVILLE, Feb. 4. Arrived: Pretorlan. from iianxax, ior Liverpool, and proceeded KINS ALE. Feb. 4. Passed: Bohemian. xrom isew lorjc, ror Liverpool. QUEENSTOWN. Feb. 4.-Salled: Ultonia, rrom Liverpool, ror uoston. PLYMOUTH. Feb. 4.-Arrivcd: Pennsylvania, from New York. ROTTERDAM, Feb. 4. Sailed: Mannhelm, for New York. ANTWERP, Feb. 4.-Arrived: Faderland. from New York. LONDON. Feb. 4. Arrived: MInnetonka, from New York. CieH, Tio Care. 0 Pay. Dnijrrlita refund money if PAZO OINTMENT fails to cure Ringworm. Tetter, Old Ulcers and Sores, Pimple and Blackheads C3 tta face, and 11 klu dii eases. W caaU.

with accuracy the powers of the city, and phowa the weak point in the city charter, which needs strengthening in order that the grade crossing perils may be remedied in this way. "It Is worthy of note that by this decision it is hekl in effect that the city already has power to compel the erection of a viaduct at every crossing in the city. The existence of thl3 power will be a constant menace to the railroad Interests, for if exerted even In a comparatively slight degree It would entail upon them an expense vastly exceeding th cost of elevating the tracks. The question is now up to the Legislature." summte to ntT's orixiox

Holds that City II Not rower to Compel Elevation. The Supreme Court, in a decision rendered yesterday, nfilrmed Judge Carter's decision in the track elevation case known as the city of Indianapolis against the Union Railway Company and held that the ordinance under which the city endeavored to mandate the railroad companies was not valid. The Supreme Court's decision was unanimous and the opinion was written by Judge Jordan. It covers sixteen typewritten pages. The decision holds that the Legislature has not vested in the city of Indianapolis power to perfect a system for elevating all the railroad tracks within certain districts, pass an ordinance specifying how. the elevated tracks shall be constructed, and then compel railroad companies to comply with this ordinance. Judge Jordan says the writ of mandamus was based on an ordinance passed by the City Council to compel the railroad companies to elevate their tracks. The ordinance recited the conditions of street cross ings and the need of safe crossings and declared the crossings to be a nuisance. ina city s ultimatum set out in the ordi nance was that the railroad companies should remove their tracks from the cross ings and must elevate them a certain height in certain districts. The ordinance provided that the work of elevating the tracks should be completed within a specified time. Failure of the railroad companies to comply with the ordinance caused the mandamus proceedings to be Instituted in the Superior Court, which were heard by Judge Carter. Judge Jordan said that the city failed to ehow that the commands set out in the ordinance regarding the crossings being a nuisance were Justifled by the facts. He further discussed the police power vested in the city and held that the State had not conferred that power upon the city. The decision points out that this suit was not based on the city charter, but on an ordinance and the passage of such an ordi nance being held to be in excess of the powers which the Legislature has granted to the city, the court declares that this ordinance gave the city no rights which It did not previously have, and therefore an application for mandamus to compel spe cific compliance with the ordinance must necessarily fail. ORDINANCE HAS FAILED. Judge Jordan's opinion says the rule Is well established in mandamus proceedings that on a demurrer to the alternative writ the question presented or raised is not as in the case of an ordinary action whether the relator under the facts is entitled to some form of relief, but whether be is en titled to the specific relief prayed for, or. In other words, can the specific order or command of the alternative writ under the facts therein averred be justified. An examination of the facts set out In the peti tion and alternative writ discloses that the relator does not base the right which it seeks to enforce against the appellee upon tne nrtn clause or section &i5o, Durn3, of the general law relating to the organization and control of railroad companies, but founds the right which lt claims and asserts upon the ordinance adopted by its Common Council, wherein the crossings, as they are maintained, are declared to be nuisances. The relator, under the circumstances, then, maintaining the right which it claims, must stand or fall upon the or dinance which it advances in support of its claims. Regarding the police power of the State the decision says: "It may be conceded, arguendo, that the authority of the relator herein, if it is in vested with such power to require appellee to abolish . its grade crossings and elevate the tracks of its roads above the surface of the public streets in order to protect the lives and property of those using the same, rests upon the police power of the State, which the latter, through its legislative department, may delegate to or confer upon municipal corporations. That this power extends to and may be exercised to protect the lives and property or the people, and also to promote their health and morals is universally recognized. That the right to exercise this power cannot be bargained or bartered away, either by the State or by any of Its governmental subdivisions upon which lt has been conferred, is equally well settled. These well-settled propositions, however. do not solve the question which confronts us in this appeal, for the inquiry still remains, has the Legislature delegated to or conferred upon the relator herein any such power as will authorize that which lt seexs to enforce under the ordinance In contro versy? Counsel for appellant refer us to Sestlon 23 (3794 Burns Statutes), of the act commonly known as the charter of the city of Indianapolis. It Is claimed that under the several provisions of that section ample power to deal with tho problem presented has been conferred upon relator's Common Council. POWER IS RESTRICTED. "It cannot In reason be asserted from the mere fact that the relator is Invested with some of the police power of the State In regard to the running or operating of railroads within Its corporate limits that it necessarily follows, under the circumstances, that it has unlimited power to deal alike with all of appellee's railroad crossings and confine it to the particular or specific method or means of elevated tracks to be constructed by lt at all of Its cross ings regardless of the existing conditions and circumstances applicable thereto in order to afford safety or protection to the public. "in regard to tho power or the state to confer or delegate the extraordinary authority which the relator, under its charter, claims to have, we need not discuss nor decide, for that is not the question herein involved. The decision further says that the Legislature did not intend or contemplate granting extraordinary power to the city as exacted by tho ordinance in issue under the provisions of Setion 23, supra, by which the relator is empowered to require railroad companies to change the grade and crossings of their respective roads. There is nothing in Sec 23 of the city charter, says the decision, to indicate that it was the intention of the Legislature to invest the city's Common Council with the extraordinary power to Impose upon railroad companies the duty or obligation of removing their railroad tracks from the surface of the streets where they were legally authorized to be located, and construct In lieu thereof a series of elevated tracks as contemplated by the ordinance involved over whicn they must run or operate their cars. The decision further says on this question: "The power of relator may be conceded arguendo, either under its charter law or under Clause 5. Section 5153, Burns, supra, where any particular railroad crossing over its public streets by reason of the peculiar or particular circumstances or conditions thereof can only be made safe for public travel thereover by elevating the tracks of the road, to compel the railroad company to discharge such duty or obligation. But certainly such authority under existing laws cannot be extended by construction so as to warrant th relator in coercing appellee to construct and 'maintain a system of elevated tracks for all of its various roads running into and through the city of Indianapolis." DOES NOT JUSTIFY ELEVATION. The decision further says the fact that the Common Council, under the ordinance In controversy, has, by its own flat, declared all of appellee's railroad crossings to be nuisances, does not Justify the demand and that all surface tracks must be elevated in the prescribed district without regard to the conditions or circumstances of any ' particular crossing. The general authority, as granted by its charter, to declare what shall constitute a nuisance does not empower lt to declare anything a nuisance per. se, which. In fact, was not recognized as buch by the common law. "The crossings of appellee's railroads over the public streets of the city were authorized by law," the decision continues, " and if they are so maintained as to become a nuisance that is a question of fact to bo Judicially determined upon a case properly presented. Counsel for appellant assert that the facts set out in the petition and alternative writ disclose such a condition of affairs which a court cannot ffnril tn InUroln Hu 4 must Vw remem1 bered that this action is not alone to abate

a nuisance, but is a suit wherein the extraordinary remedy of mandate is sought, and In testing the sufficiency of the pleading consideration must be had only for facts well pleaded and not for legal conclusions. "We have previously shown that in cases of the character of the one at bar,, the only province of a court is to decide whether upon the facts alleged in the alternative writ, the relator is entitled to be awarded the specific relief or right demanded. The functions of a court are not of a legislative character, and while the state of affairs, as counsel claim, may possibly be of a very' grievous or lntolerate nature, nevertheless it is not In our power to declare a law under which the relator may be enabled to secure the relief which lt seeks by way of the partlcuar method which it advances and demands for the object or purpose in view., "If it has unsuccessfully exercised all of the power In the premises with which it has been Invested by the Legislature, and believes that the only remedy for the evil complained of is to compel appellee to construct and maintain an elevated railroad within the prescribed territory over which It must run or operate its cars, then lt would appear that its appeal should not be to the courts, but to the Legislature for a further or additional grant of power, under which the vast undertaking upon the part of appellee, as contemplated by the ordinance involved, should be enforced. 31 r. Gordon's Statement. Through an error I. S. Gordon was quoted yesterday as saying that a vote of the Board of Trade would show more In favor of elevation of tracks that in the Commercial Club. It should have read "more against." Also, Mr. Gordon says his statement that Engineer Mansfield was authority for the statement that elevation would Increase the cost of freight shipping 3 to 5 cents a ton meant that it would cost 3 to 5 cents a ton to hoist the freight to elevated tracks.

President Woodford Will Co-Operate. Chairman Bennett, of the grade-crossing commission, yesterday received a letter from President Woodford, of the C, II. & D.. in which he assured the commission that he would co-operate with the commission in its effort to solve the problem. BROKE OVERTIME HOODOO INDIANAPOLIS WON EXCITING GAME DY CLOSE SCORE. Both Teams Played Fast Game M uncle Rooters Here to Cheer for BrowniesDefensive Work.

Clubs. Played. Won. Lost. Pet. Richmond 43 24 19 .538 El wood 15 23 20 .656 Indianapolis 44 Zi 21 .523 Munclo 43 22 21 .513 Anderson 44 VJ 23 .432 Racine 42 23 18 .419

A carload of Muncie rooters came to Indianapolis last night hoping to see their team defeat Indianapolis, but they met disappointment, as Indianapolis won by a score of 3 to 2. It was anybody's game until the winning score was caged by Gavltt after seven minutes and twenty seconds of overtime play. The overtime hoodoo was shattered and the Muncie supporters left for home realizing that there is at least ono team In the league that will stop the Brownies' rapid flight toward the top of the ladder. The Muncie rooters were led by a pretty young woman who wore a red sweater and a picture hat trimmed jn a blue veil. She had two able lieutenants and the three girls led the cheering of the visitors. They taxed their lungs, but the game was of the sort that caused great excitement. Even Indianapolis fans showed more enthusiasm than they have in any previous game and the brilliant plays, and there were scores and scores of them, brought forth deafening applause. Indianapolis supporters of the game have been a little tame heretofore in encouraging the home team, but they entered Into tho spirit of rooting last night with a vim. The game was full of exciting features from start to finish. The defensive work of both teams elicited great applause. The work of Way and Coggshall was perfect, while Berry's position at goal was played in the best of sjyle. lllpson scored two of Indianapolis' goals and Gavltt caged the winning goal in the overtime play. The team work at times was excellent, although Gavltt was a little out of form in the early part of the contest. The teams were so evenly matched and every man played his position so well that it was difficult for either team to carry out much successful team work. Tobin and Wiley did good defensive work for Muncie, while Cusick's work at goal was one of the features of the game, lie had forty-six stops to his, credit, while Berry had thirty-seven. The play In the first period was fast and furious and the superb defensive work of both teams prevented a goal being scored. Wiley scored the first goal for Muncie in the second period in 4:55, and the Muhcle rooters gave a good sample of Gas Belt rooting, lllpson tied the score for Indianapolis with a beautiful drive "at a difficult angle. Just before time was up In the second period lllpson scored another goal, placing Indianapolis one in the lead. Jason scored the only point made In the third period, tying the score. The overtime play was nerve-racking and Gavltt scored the winning goal on a pretty pass by lllpson. Line-up and score: Indianapolis. Position. Muncie. lllpson First rush Jason Gavltt Second rush HIgglns Coggshall Center Wiley Way Half back Tobin Berry Goal Cusick First Period. Rushes. Gavltt. Jason. Jason. Jason. Jason. lllpson. Jason. Goals. Caged by Time. Second Period. Muncie. Wiley. Indianapolis. Hipson. Indianapolis. Hipson. 4 5 4:48 4:57 Third Period. Muncie. Jason. !:1G Overtime. Indianapolis. Gavltt. Jason. 7:25 Stops Berry', 37; Cusick, 46. Foul Gavltt. Umpire Demontrevllle. Alexandria Defeats Elwood. Special to the Indianapolis Journal. ALEXANDRIA, Ind., Feb. 4. About five hundred people paw the Alexandria team defeat the Elwood league team by a score of 9 to 5; In a fast game of polo. The game was full of excitement and brilliant plays. Roberts and Spencer could not play the fast game like Alle and Fahey. . The Elks and Knights of Pythias play here on Sat urday evening. Andernon Not AggreuiTe. Special to the Indianapolis Journal. RICHMOND, Ind., Feb. 4. Richmond had little trouble in winning from Anderson to-night, the score being 5 to 1. O'Hara, the Anderson half back was out and this weakened the visitors' defense. Jessup put up a good game for Richmond at goal. Anderson fought hard to the finish, but could not play an aggressive game. SUIT FOR $85,000. American Can Company Charged with Failure to Carry Oat Contract. CINCINNATI. Feb. 4. Walter T. Hol lingsworth and Charles I. Hollingsworth, doing business as the Chemical Manufacturing Company of Covington," Ky., brought suit to-day against the American Can Company, asking IS3.000 for damages alleged to have been suffered by them through the failure of the can company to ruddIv them with tin cans. It is alleged that the pHlntiffs had a contract with one of the constituent companies of the American Company, and when this company was absorbed the American can Company as sumed the contract. Since then the latter renewed the contract with the chemical company, but cf late has failed to supply the cans in quantities neeuea. TO ClilU A COLD IN ONE DAY TflkR Laxative Bromo Quinine Tablets. All druggists refund the money If it fails to cur. Mi. W. urs itcuAiun u va aaca do, zso.

COLOR Lit IS DUM

NEGRO LABOR DELEGATE REFUSED DINNER AT FORT WAYNE. Inspector Kile and a Posse Have a Fight with a Gang of Poatolllce Thieves at llmitiuarbarg-. MINOR ACCIDENTS IN INDIANA COLLISION ON THE SOUTHERN AND WRECK ON THE G. R. 3fc I. Traction Right-of-way Trouble at Cravrf ordsTllle Knlffht Slurder Trial Kokomo Gns Field. Special to the Indianapolis Journal. FORT WAYNE. Ind., Feb. 4.-The first sensation in the annual convention of the International Association of Building Laborers, now in session here, occurred today when two of the negro delegates, one from Richmond, Va., and one from Houston, Tex., were denied dinner at a local restaurant of the second class. The colored men conducted themselves quietly, and were taken to another restaurant, where they were served in company with several white delegates. President- Gilmore, of Massachusetts, was very indignant over the insult, and said he would bring it before the organized labor of the city for authorty to prosecute. , The convention will last two weeks. There aro delegates from points as far away as Colorado, Texas, Massachusetts and Can ada. They are hodcarrlers and have a membership of 23,000. Demands of Electrical Workers. Special to the Indianapolis Journal. NEW ALBANY, Ind., Feb. 4. The mem bers of local union. No. 2S3, International Brotherhood of Electrical Workers, to-day made a demand on tho United Gas and Electric Company, the Cumberland Tele phone Company and the Home Telephone Company for a change in the wage scale. The companies have been given until noon to-morrow to accede to the demands, and if no agreement is reached the linemen say they will quit work. The men demand a nine-hour day and $2.50 per diem. They say they are now receiving $2.25 for a tenhour day. They also demand time and a halt for overtime and aouDie ume iur working on Sundays and legal holidays. Increase of Police Force. Specialto the Indianapolis Journal. ELKHART. Ind., Feb. 4. As a result of the threatened riot by street-car strike sympathizers on Monday night, the police commissioners have taken a firm stand against permitting crowds to assemble In the streets, and extra men have been added to the regular force of ten to enforce tho edict. It is believed there will be no serious trouble, though the authorities are prepared to resort to heroic measures if neces- . A At .1 As. sary. Eighteen policemen siauonea 10night at last week's storm center outnumbered all the strike sympathizers who put in an appearance, and there was no dis turbance. , WANT THE SA31E ROAD. Traction Roads Seek to Enter Crawfordsville by Same Right of Way. Special to the Indianapolis Journal. CRAWFORDSVILLE, Ind.. Feb. 4.-The Townsend-Reed traction 'people, represent ing the Northwestern traction line from Indianapolis to Lafayette, with a branch line from Lebanon to this city, and the Consolidated Traction Company, a local company, to build a line to Indianapolis, have been before the County Commissioners for franchises In this county. There was no trouble to get the franhut hnth of the lines want the same piece of road to the city limits. They . . 11.. parleyed two aays over mis, ana nnauy It was agreed to give tne ngnt 10 mis aistui idH i-no H tn H first r-nm ni n v rearhlncr lt with a few conditions. The TownsendReed people must complete tneir line irom Lebanon in a year and reach the place n-hor ht r-nn t fnd I n line meet! about a quarter of a mile east of the city on the Indianapolis roaa, oeiore tne otner peopie grade, build bridges, erect poles and put the frns t!e on twMitv miles of road lead ing from this city. The local company has a irancnise nere, ana toe oiuer yeupie uave also asked for one. GAS WELLS AT KOKOMO. They Are Being Drilled Rapidly and Are Yleldlna Good Results. Special to the Indianapolis Journal. KOKOMO, Ind., Feb. 4. Kokomo now occupies the center of the stage in Indiana natural gas development Until this winter no drilling had been done for about eight years, and it was thought that the gas supply was exhausted. At the suggestion of State Supervisor J. C. Leach an experimental well was drilled in the center of the city, Mr. Leach holding that abandoned territory could be worked again profitably after a lapse of years. Tho test well proved to be an old-time gusher. Since then four other wells were opened with splendid results, all being good producers. The discovery that gas is still here In abundance has resulted In an old-time rush and excitement. The derricks are up for four other wells In the city limits and half a dozen or more on suburban farms. Four more companies were organized this week. IHa-her Price for Indiana Coal. Special to the Indianapolis Journal. TERRE HAUTE, Ind.. Feb. 4.-The blizzard had the effect of advancing the price of Indiana coal. The price In Chicago is variable, as lt is at the mines in this State, where bidding by the many buyers may send the price up $1 a ton for a day, just as bidding in the wheat pit does with wheat. The blizzard not only increased the demand, but made more difficult the transportation of coal to market.' Fuel Famine Closes a Factory. Special to the Indianapolis Journal. BATESVILLE, Ind., Feb. 4. The large furniture factory of the Greenmann Brothers Manufacturing Company suspended operations to-day, due to lack of coal. About 100 men are out of employment. The fuel supply of other large concerns here Is very limited and unless the situation is relieved promptly a general shutdown will be the result. Coal Prices Raised at EvansvIIle. Special to the Indianapolis Journal. EVANSVILLE, Ind., Feb. 4. Owing to the cold wave, local dealers advanced coal from 10 to 12 cents to-day. Every mine in Southern Indiana is running with increased force. Dealers are' unable to fill all orders promptly. COLLISION ON THE SOUTHERN. Throuffh Freight Crashes Into Rear of a Local Near Princeton. Special to the Indianapolis Journal. EVANSVILLE. Ind.. Feb. 4. Several freight cars and the caboose of the local freight on the Southern Railroad near Princeton, were derailed, to-night, and wrecked. A through freight eastward bound crashed into the caboose and several traveling men and other passengers had narrow escapes. The projerty loss will be several thousand dollars. Explosion of a Gas Engine. Special to th Indianapolis Journal. PARKER, Ind.. Feb. 4. The large gas engine at the pumping station of the Woodbury Glass Company, located two miles

north of this city, exploded this afternoon, seriously injuring Adolphus Yates, the engineer, and wrecking the building. Yates probably will recover. The loss Is about J1.W0.

Wreck on the G. R. A I. Social to the Indianapolis Journal. DECATUR, Ind.. Feb. 4.-A freight wreck occurred on the Grand Rapids & Indiana Railroad at Geneva, south of thiscity, last evening. In which one member of the crew was hurt and three cars were derailed and demolished. The cause of the accident Is not known. The track was blocked for eight hours. FIGHT WITH ROBBERS. Inspector Kile and a Posse Save the lluntlngbarg Poitofllce. LOUISVILLE, Ky., Feb. 4.-A desperate fight occurred at 1 o'clock this morning between a posse headed by Postoffice Inspector S. C. Kile, of Indianapolis, and four robbers in the little postofflce at Huntingburg, Ind., which the men attempted to rob. About seventy-five shots were fired, and lt is believed that two of the robbers were shot. However, all four escaped. The search is still in progress. The fight was the culmination of a sixdays chase by Inspector Kile after the robbers, who have, within the past few weeks, entered several postoflices In southern Indiana. EVANSVILLE. Ind.. Feb. 4. The .capture of the four men who tried to rob the post offlce at Huntlngturg early this morning is expected to be effected in a short time. It has been learned that the men are in the vicinity of Birdseye, a few miles east of Huntingburg, on the Southern road. The men were seen there late to-night, and it Is said lare spots of blood have been seen all along the railroad. Officials are now in the neighborhood of Birdseye seeking the robbers. A telephone message from there late to-night states that the robbers stopped at a farmhouse to get something to eat, and that one of the men was weak from the loss of blood. Robbed All the Slot Machines. Specif 1 to the Indianapolis Journal. KOKOMO. Ind., Feb. 4. A gang of thieves raided all the slot machines In the city last night. AH the vending appliances of every character on the streets . and In public buildings were broken open with hammers and the money taken. The stock was to have been replenished and the money col lected by the managers of the machines to day, a fact the thieves evidently knew. The looters got about $60, mostly In pennies. from the peanut and chewing gum ma chines. The weighing machines in the depots were also looted. KNIGHT MURDER TRIAL. Defense's Claim of Self-Defense Re butted by the State. Special to the Indianapolis Journal. LOGANSPORT, Ind., Feb. 4. The Knight murder trial, In which Rena E. Knight and his son, William Knight, are on trial in the Cass Circuit Court for the murder of J. P. Murphy last August, required three special venires of twenty men each before a Jury was secured and the court could proceed with the case. While the defense has outlined Its posltlon by claiming that it will show that Murphy was killed in self-defense, the state has so far introduced two witnesses who testify that William Knight, who did the shooting, told them trre day before the tragedy that if Murphy ever molested him ne would shoot him. ' Assignment of Dank Ofllcers. Special to the Indianapolis Journal. GRENCASTLE, Ind., Feb. 4. This after noon- deeds of assignment were filed by T. C. Hammond and Jerome Allen, respectively, president and cashier of the First Na tional Bank of this city, to tho Central Trust Company, covering all the property owned by the two gentlemen named. Messrs Allen and Hammond have Just completed forty years each in their respective positions in the bank, having been the Institution's first officers. Their assignment is of personal character only and does not In any way affect the bank with which tney are connected. Damage Suit Jury Disagrees. Special to the Indianapolis Journal. PORTLAND, Ind., Feb. 4. After putting in twenty-six hours deliberating on the evi dence and arguments the Jury in the case of Adam Cupler and others, all living at Bluffton, to collect $8,000 damages from John J. Black, of this city, failed to agree. The plaintiffs allege that they purchased certain oil-producing property in Harrison county, Ohio, on the representation of Mr. Black, paying the cash therefor, but that after beginning active work in the way of pumping the wells the production was not what he represented It to be. Hanover Accepts the Library. Special to the Indianapolis Journal. MADISON, Ind., Feb. 4. The executive committee of the board of trustees of Hanover College met here this afternoon and approved the action of President Fisher in accepting the gift of $25,000 for a library building from the widow of the late Vice President Hendricks. President Fisher of Hanover. John H. Holliday of Indianapolis, and A. c. voris or Bedford. will appoint a building committee and au thorize them to adopt plans and make contracts for the building Immediately. Train Service Crippled. Special to the Indianapolis Journal. LAPORTE, Ind., Feb. 4. The storm of sleet and snow last night and to-day has broken down hundreds of telephone and telegraph poles and miles of wire in this city and vicinity and entirely cut off Laporte from telegraphic communication with Chicago. So crippled did the Lake Shore Rail road become that it was necessary to-day to transfer the train dispatcher's office of the western division from Chicago to La porte. Site for a New Theater.. Special to the Indianapolis Journal. TERRE HAUTE, Ind., Feb. 4.-Following the announcement that the Knights of Pythias are to vote on the proposition to build a theater on the site owned by the order comes the statement that a company has bought a local site from the D. P. Er win estate, of Indianapolis, for a "temple of amusement" which is to include a thea ter, skating rink and bowling alleys. In Honor of Capt. Albright. Special to the Indianapolis Journal. LAFAYETTE, Ind., Feb. 4. Capt. Frank II. Albright, the new Purdue commandant, was the guest of honor at the most elabo rate military ball ever given In this city. The cadet officers attended in full uniform and tlw hall was appropriately bedecked with Hags and army decorations. Prof, and Mrs. W. L. Pence and Prof, and Mrs. C. V. Seastone received. Dllssard In the Oil Field. Special to the Indianapolis Journal. PORTLAND, Ind., Feb. 4.-A blkzaxd raged here all day, causing great discom fort and some damage throughout the county, especially in oil territory. The Salamonia river has been coming up rapidly all day and is iar out or its banks. Cessa tion of the heavy rain Is all that prevented a big flood. Verdict In Explosion Inquiry. Soecial to the Indianapolis Journal. FORT WAYNE, Ind., Feb. 4. Dr. W. W. Barnett returned his verdict this afternoon In the Eckhart explosion, which cost five lives on Jan. 23. holding that the accident 1 a was due 10 naiurai gas in me ccuar, out that how it came there or who set it off no . . a a .a t evidence couia oe iounu 10 snow. Mr. Dentins; Will Give a Site. Special to the Indianapolis Journal. TERRE HAUTE. Ind.. Feb. 4.-Demas Demlng. a local banker, has decided to give a site for the $50.000 library building which Crawford Fairbanks has offered to the city. Made Destitute by Fire. Special to the Indianapolis Journal. LAFAYETTE. Ind., Feb. 4-George Bankrecht and his wife, an old and destitute couple, w?re driven from their home at 908 Roberts street to-day by a fire that started in a defective flue and destroyed the

building. The husband Is blind and the wife is pick. This afternoon they were taken to the Woman's Christian Home and

will remain there until further aid can be secured. Indiana Obituary. LAPORTE. Ind.. Feb. 4. Pearl Marshall. an actress, who In private life was known as Llda Baum, daughter of P. G. Baum, of this city, died yesterday of pneumonia at me ueorgetown iiospuai ai naMiingum. She was sick but -two days. The body will be brought here for burial. SHELBYVILLE, Ind.. Feb. 4.-OHver Stafford died at his home In Sugar Creek township early this morning, aged fiftytwo. He left a widow and two children. He was a member of the Knights 'of Pythias lodge at Needham. Johnson county. TERRE HAUTE. Ind.. Feb. 4.-The Rev. Thomas P. Meredith, aged sixty-one years. long widely known in Indiana Methodism. died this morning. He had not occupied a pulpit for four years. Indiana Notes. RUSHVILLE. The most successful re vival meeting ever held in St. Paul's Meth odist Church closed Sunday night. The services were conducted by the Rev. Virgil W. Tevis. D. D., the pastor, formerly of Indianapolis. The conversions number about one hundred and are from the best families of the city. Great crowds attended every service and the entire community is aroused. Meetings are being held nightly now by the Baptist and Christian churches. GREENSBURG. The Jury in the case of John Goddard, administrator, against the Big Four Railway Company, has returned a verdict for 2,$o0. The sum asked for in the complaint was Jlö.OOö. The case was tried before Special Judge J. II. Ewing. and grows out of the death of Herman Binder, a railroad employe, who was killed in the local yards. MARION. A consolidation of township schools probably will be tried In Grant county. Trustee Eli Coats is planning for the erection of a graded school in Center township, which will take the place of four district schools. The matter of consolidat ing the schools will be left to the will of the people affected. LOGANSPORT. Louis Clark and John Blight, supposed to be the men who tried to hold up Adams Express Agent Morris Callahan on the morning of Aug. 2 last at the company's depot office in this city, were arrested at Dennlson, O., on Tuesday and were brought to Logansport and placed In jaiL RICHMOND. The- semi-annual meeting of the Wayne County Teachers' Association will be held here next Saturday. O. T. Corson, of Coluinbus, O., will deliver two addresses. There will be a memorial serv ice for the late county superintendent, W. tu. Wineburg. PORTLAND. The Citizens' Gas and Oil Mining Company has struck a big gas well northeast of the city, near the county in firmary. The well came in with a roar. It was packed on Wednesday, but its output has not been determined. TFLT. CITY. Robert Bolln was iniurfd about the face 'and eyes on Wednesday by . . t I - M . U 1 1 . . xne expiosiuu vl a guu wuuu ne wa.s nuniing. WILL MEET BIG TEAMS. Y. M. C. A. Basketball Five Will Have Hard Trip Next Week. The Y. M. C. A. basketball team will leave next Tuesday morning for Fond du Lack, Wis., to be gone five days, during which time five games will be played. The following men will compose the squad. which will be in charge of Ed Hardin, in the absence of Manager Jones, of the Y. M. C. A.: Bates, captain; Hester and Blos som, guards; McGaughey and Bauman centers; Hardin, Fritchard. Glbbs and Hug gins, forwards. The first game on the triD Will be with the Pomnnnv V. fivo Fond du Lac. next Tuesdav nlht Th Maroon basketball team, of FVirt Washing. ton, will be played Wednesday evening, and me ieam win meet ine crack nve of the west side Uhicaco y. m. a. a. on Thnr day night rnaay evening uie team will rest In preparation for its contest with the famous Central Y. M. C. A., of Chicago, which has never vet met tierent. Tri. team -iuctiv . . . . . " j-.-1 tauxis me cnampionsnip or - tne unite States, having won from the Fond du Lac Yale and other well-known teams Th in. dianapolis squad will return home from l r- 4 . w . m . nicago ounuay. 10-nignt tne X. M. C. A. nasKeiDau team win play a practice game with the German House in the gymnasium of the latter, and on Saturday night the Manual Training High School will play the Y. M. C. A. In the Y. M. C. A. gym nasium. Basketball Receipts. An estimate of the proceeds of the In dianapolis Basketball League shows that the past season was the most successful In the history of the game. The gross re ceipts during the season will reach about $1.000 and the net receipts about 5600. Shortnuge, manual ana uuiier will each clear in the neighborhood of $140. An impression that appears prevalent among the students 01 me Bcnoois ia mat tne y. m. C. A. will make more money out of tho league than the schools, but this Is not true. Th "V r C. A. will receive $20 less than any of the other teams in the league. Two Games Proposed. The Manual Training High School basket ball team has been awarded the trophy donated by the Y. M. C. A. for second nlace in the City League. An effort is being made to arrange for a double-header on the night of Feb. 21 between the M. T. II. S. and the Crawfordsville High School team and the Indianapolls Y. M. C. A. five and the Champion Central Y. M. C. A., of Chicago. This would make two championship games. tne big teams playing ror the championship of the United States and the high schools for the supremacy of the State. SP0BTING NEWS IK BRIEF. "Young Corbetf and Harris for McGovern have accepted an offer for a six-round bout before the Penn Athletic Club In Phila delphia. Messrs. Waters and ' Jones, owners of Charter Oak Park, Hartford, and Oakley Park, Cincinnati, have engaged Horace Wilson, former secretary of the Kentucky Horse Breeders Association, as necretary and business manager of both tracks. Winners of running races at New Orleans Kilogram, 13 to 10; Bird Pond, 8 to'l; Mauser, 3 to 2; Sheriff Bell, 6 to 5; Henry McDaniel. 7 to 2; Pyrus, 2 to 1. At Oak land. Cal.: Prue. 10 to l; Selected. 6 to 5: Annie Max, 4 to 1; Bessie McCarthy, to 1; Sylvia Talbot, to if Diderot, 7 to 10. According to a cablegram received by Sam Harris, manager for Terry McGovern, the National Sporting Club of London has agreea to allow McGovern $1,000. which he asked for expenses to go to London and meet Ben Jordan, and the articles of agreement are on the way to New York. Harris wired accepting the offer. Pitcher Mullen, who is under indictment at Fort Wayne at the instance of President Mautner for perjury in taking advance money after swearing that he had received none from any other club, appeared in the sheriff's office at Fort Wayne Wednesday and filed a bond of $500 for his appearance in court when wanted. He has been dodging the sheriff for several weeks, lie is under a three years contract with Detroit. In the amateur championship billiard tournament at the (Hamilton Club, in Brooklyn, on Wednesday, Arthur R. Townsend, of Brooklyn, defeated J. Bryan Stark, of Wilkesbarre, Pa., by the score of 300 to 2S8. His high run was 53 and his average 7 20-40, against Stark's 28 and 7 8-40. Edward W. Gardner, of Passaic, N. J., defeated J. F. Poggenburg, of New York, by the score of 300 to 2C2, his high run being 42 and average 7 34-38, against Poggenburgs 71 and 7 4-38. Mabel Ronton Dead. NEW YORK, Feb. 4. Mabel Bouton. the actress, died to-day of consumption in Flower Hospital, of which she had been an Inmate for some weks. She was one of three sisters, all of whom were well known on the stage. She was born at Reno. Nev.. where her father was pro prietor of the opera house. The family came originally from Hamburg, Ia. Champagne Comparison. Of a total Importation of 3C0.708 cases of all brands of champagne In l'JU2. G. H. Mumm A Co.'s Extra Dry reached over 125.000 cases, being 407.304 bottles more than any other brand. The magnificent quality and natural dryness of the Extra Dry of the now celebrated 1S9S vintage. Justly puts lt In a unique position of prominence. T estiva preno OgE

for 1 Hanoi: 1 That is the averare time spent in a Urge city restaurant by three thousand lunchcrs. It takes three hour to dicest a fresh ecrj? soft boiled; three hours to digest a boiled apple dumpling; three hours to digtst fresh roast beet. In fact, three hours is about the time required to digest the average twelve minute lunch. The object ot the hasty lunch is to let the busy nan get back to his office work. Bat when the brain is active, the stomach is inactive for lack of necessary blood. The natural consequence is indigestion, and indigestion opens the door to many diseases. Indigestion is cured by the use of Dr. Pierce's Golden Medical Discovery, which cures diseases of the stomach and other organs of digestion and nutrition, and enables the perfect digestion and assimilation of food. "It ia with heartfelt gratitude that 1 send this testimonial which I wih you to publith with rnv name and addre.- writes Mr. Willis Seaman, of Vahingtonville. Orange Co.. K. Y. l bad stomach trouble from childhood and -u Oerrel with it more or less as I grew up. At the age of 26 I wat broken down with dvpepia. My suffering was terrible. Could not eat withoct distress. Could only eat a few certain things and was not able to work half the time. Every thing I tried only gave me temporary relief. My wile finally persuaded me to try Dr. Pierce's Golden Medical Discovery and Pleasant Pellets I took six bottles of the 'Golden Medical Discovery and two vials of Dr. Tierce's Pleasant Pellets.' I then felt so well that I stopped takinr medicine. Several months have passed and I can do the hardest kind of work, can eat anything that Is set before me and enjoy it. I am n years old and this is the firsuuae I have ever been well." Free. Dr. Pierce's Common Sense Medical Adviser in paper covers is sent free on receipt of 21 one-cent stamps to pay expense of mailing only; or 31 stamps tor cloth-bound volume. Address Dr. RV. Pierce, Buffalo, N. Y. A HEALTHY HOME Insures healthy Inmates. Nothing so dangerous to knowledge, skill and experl. ni.-e re atyourdlHrtl at uob reasonable ot. V'hen we have gotten your plumbing hi to tine order you'll o. K. the Job; U. K. the bill without (tuesliuii. C ANESHAENSEI & CO. The leading Plumbers and Pipe Fitters." Nos. 29-33 Bast Ohio Street. FfcW INTERESTING SCORES I.ilEPEXDET LEAGIE TEAMS IV ER 12 RATHER IXCOXSISTEST. Detrey anil Centrals Series "Was Ex cltliilfRamhler anil Royal Played Some Close linnirs. The Deweys and Centrals furnished one of the most interesting series of last night's Independent Deacue Karnes. The first dlvl--sions of both teams rolled Kood scores and they were close enough to be exciting. The Deweys won the first, Iotthesccondand t h erTpi 1 e d"u iröiol n "t h e"t h 1 rd a n d " w o nTTh e second division scores were also clone. The Ramblers and Royals also put up close games. draff carried off the Individual honors. The-Alcazars bowled an incontinent grame, rolling one high core and several low ones. The scores: RAMBLERS VS. ROYALS (Washington Alleys.) First Division. Ramblers. 1. 2. 3.' Graff 2W 183 205 Keeter 170 136 1j) Ilolloway ..ISO 131 1Ü5 Katwfelci ...16 Itt 174 Klump 11 212 1W - Hoyals. 1. 2. 2. F. KroCB.tl.lJ f 12 Krdelmeycr .K2 J3 II Mueller ....13 13 131 Neljrcr 163 'A Nolting ....140 172 Iii

Totals ....7 S77 S. Total ....SM WO 7M Second Division. RamMers. 1. 2. 2. f Rnyal. 1. 2. 2. Gardner ....163 17 177 llerrman ...16 17 1 Malsoll 148 27 147 Petersen ...12 1S3 17 Nlenian ....133 1 72 17 Feck 164 K0 137 Heitkara ...125 14 160 II. Kroeckcl.145 11 12 lltsner 193' IM 17J Beck 14J W Totals ....774 859 iZ2 Totals ....757 Ml 770

DEWEYS VS. CENTRALS. (Marlon Alley?.) First Division. O. Smith. ...210 172 ISt C. Smith... .17 15 Ihi C. IJoylf 134 171 IM Brlnkman ..164 1X.1 13 B. Boyle.... 168 172 174 Totals ....852 WO 17

Centrals. 1. 2. t. lUverPtlck. .161 173 12 Endslow ...170 174 i:4 IrlnutHner .17 : ISf Holcinon .i:t 16 ui Hoffmeyer .142 171 1S3 Totals ...Ml Wi7 S7 Division. Centra U. 1. 2. 2. Ktfhenry ..lW 168 K'7 Carter K2 161 137 Davi 128 142 II Dyer 139 13 173 L.ltchb'ger .1M i-0 17 Totals ....7T0 78 7S0

Dewtys. 1. 2. 3. Keener "7 177 165 Hhufelton ...140 in 143 Hereth 137 11 151 Baron 174 143 l.4 Jarkson ....13 133 177 ALCAZAR VS. STONE PALACE. (Turner Alleys.) First Division.

Alcazars. 1. 2. . Stone I. 1. 2. 2. Basse 177 14S ,1S4 Pax 163 157 152 I rlewlcx ...1S6 1S4 152 ras1iy ....131 13 112 ttuzatt 152 1 171 Smith 1"4 1!H ivi Falley 140 11 15 InuUrt ....173 14 Ihi McClellan ..133 113 13 liil kion .1C 1 14 Totals ....7fc8 1 7M Total ....TW 7S2 762 Second Division. Alcazars. 1. 2. 3. Stone P. I. 2. 2. F. Smith. ...137 121 ... Ptahlmuth .l-3 14 173 Otis 127 150 1S Eilet brock .148 155 Hi Stuart 138 164 135 Alchorn ....134 1k2 17 Coval. sr.. ..151 153 132 Jaus 1Ü 1-7 1 Loom is 200 167 15 Wagner ....133 121 14 Coval, Jr 16S ; - Totals ....703 774 toil Totals ....7C2 755 73

COLUMBIAS VS. TISH-I-M1NGOES. (Pastime Alleys.) First Division. Columbias. 1. 2. 2.

TUh. 1. 2. 3. J. Prlt.hett.174 13 lv Kirnmel ....133 177 2"" Tallin 17 162 1S5 ;u!ow ir rt Buchanan ..23 161 121 Totals ....M8 M2 513 Division. Tifh. 1. 2. , 2. ChrlKtena ..151 17 12 f. Prltchett.m 1K4 111 Seay 14X 143 1.V Parntn VA 151 ll Selken 167 158 16i Totals ....IM hI2

Kawlnjf ....137 153 W Klei 131 lts 157 Hlnn IM 1VJ 164 C. Keener.l45 1 64 1 60 lioltman ...147 153 16! Totals ....741 K2 10 Columbia. 1. 2. 3. Kleine 1! 1 H Pudd 177 13 Hi rlener ....173 170 18 Brlnkm'r ...143-133 144 liarz 17 170 167 Totals ....Mil 813 761 STANDARDS VS. PROSPECTS. (City Club Alky-) First Division. Standard. Fut-hrlng .. Pin Wllloughby Piel Flufrock .. 1. .111 Projects. 1. ' 2. R. Cchm'n.l 162 BctMM"ta ....K4 Telford U7 167 2. 2M r.t hi 1.M lxi 210 12 m 15 .153 153 147 ' Fa 175 lit .144 167 U2 ; Kerr 1S3 L4 Kane 153 152! Totals ....S53 81 Totals .CS J 822 77 1 Second Division. Standards. Wlnhmeyer MKlroaty . Kane ...... Ma honey .. Meyer Pawling- ... I.

2. 3. Prorc-t. 1. 2. 2. 165 167 T.. He'.!er...l35 171 14 li5 110 II. 4-chhVn.lsl m 171 Matthews ..1: 13 124 13 11 E. E. Heller.152 IOJ 1J3 174 160 Jones 144 l2 10 117 14) Totals ....77 $2 5 1 749 6J5

.145 .1: Totals 7SI llltfh School Series Arranitred. The Shortridse and Manual Training llinh School bowlers will roll the flrt of a series of three games on the Pa?tlme alleys Feb. 14. The following Saturdays the teams will roll on the City Club and Marion alleys, respectively. tsa every