Indianapolis Journal, Volume 53, Number 99, Indianapolis, Marion County, 9 April 1903 — Page 7

THE INDIANAPOLIS JOURNAL,' THURSDAY. APRIL O. 1903.

7

HOTEL LOBBY GLEANINGS

II. n. TALLCV, OF COAL IILLFF 3IIIXG COMPAM, IS Till: CITY. Operators and Miners Agreeing on the Shot-FIrliiK Proposition Other Sforic from the Lobbies. II. B. Talley. of Terre Haute, who Is Identified with the Coal Bluff Mining Company, of which his father. J. Smith Talley. 13 president, was in the city yesterday. Mr. Talley said the settlement of the differences between the operators and miners on the shot-firing question was generally satisfactory, and that he does not apprchenld any further difficulty. "Under the terras of the agreement." he said, "a commission Is created consisting of one miner, one operator and Professor Thurston, of Cornell University, which will Inspect the so-called dangerous mines and decide in which ones shot firers shall be employed. The operators of these mines will then pay to the miners' unions one"quarter of a cent a ton on all screened coal and two-flfths of a cent a ton on all minerun coal, and with this money the unions will employ the shot firers. The operators will have nothing to do with the shot-firing. "The whole controversy arose over the interpretation of a verbal agreement which was made here by representatives of both Fides at the miners' and operators' conventions. The operators understood that the mlnerä were to employ the shot tirers in consideration of the advance in the scale, while the miners contended that if they employed ahot firers they were to have additional pay. Shot flrers are not necessary In all the -mines; it Is only In those that axedangerous because of gas and dut." - ' GROWTH OF MAItlOV. A. C. Alexander Declare It Has Deen Most Remarkable. A. C. Alexander, of Marion, who Is regarded as the leading candidate for the place on the State Board of Tax Commissioners, made vacant by the expiration of the term of John C. Wlngate, of Wlngate, was a guest at the Spencer House last night. Mr. Alexander declined to discuss his candidacy other than to say he was hopeful of receiving the appointment. It Is understood he is here to see Governor Durbln to-day, and the wiseacres around the Statehouse yesterday were predicting that the question as to who will be the new tax commissioner will be settled before the week is out. Tha Governor will be at his desk to-day for tha tirst time since last Saturday, and a long list of executive appointments are expected within the next week or ten days. Although he would not talk politics Mr. Alexander was not loath to tell of the gratifying business conditions in "Marvelous Marion." as the city was known at the height of the gas boom In the nineties. "Marion has rftide a record In the last thirty months that cannot be equaled by any other Indiana city," he said. "An accurate census has just been completed, and It shows that we have almost 9.000 more Inhabitants than Is shown by the official census of 1000. That Is a gain of about 50 per cent. It is attributed to the development of the old field around Marlon, which is not really a boom In spite of the remarkable Increase in population It has brought. The oil industry In Grant county is not a matter of speculation and wildcatting; It is firmly established and it is growing steadily. It has brought a wonderful amount of business of all kinds to Marlon. Why. there are almost as many people on our streets. In the center of the city, as there are on the streets of Indianapolis daring business hours." Senntor Gootlwlne In Torrn. i Senator Fremont Goodwine, of Wllllamsport. whose political Intentions are causing the prospective candidates for the Republican nominations for Governor and Lieutenant Governor some little concern, was in the city yesterday. Senator Goodwine has been mentioned as a candidate lor both offices, but the only Indication as to his plans that he would give last evening at the English was to say that he will not be a candidate for re-election to the Senate. It is understood that Judge O. P. Lewis, of Covington, will be a candidate for Goodwbne's seat in the Senate. Lewis served an apprenticeship in lawmaking in the House during the last session of the Legislature. Greencastle's Xevr Courthouse. We can almost see our new courthouse," said Mayor John II. James, of Greencastle, who was In the city yesterday. "Plans will be submitted to the commissioners on the 20th of this month, and the contracts will be awarded immediately after the plans have bn accepted. The County Council has appropriated $150,0) for the building, and we ought to have our new courthouse within a year. "You won't know Greencastle when our old landmark has been torn down and a handsome new building erected In Its place. The only thing about the old building that will be preserved will be a large photograph of it, which will be framed and hung in the courtroom of the new building." On an Inspection Trip. A party of officials of the Louisville division of the Pennsylvania Railroad were at the Grand last night. The officials were on their annual spring inspection tour of the. division, and had worked as far as Ed In burg yesterday, running In to Indianapolis over night. In the party were Superintendent B. W. Taylor: N. C. Bennett, trainmaster; W. M. Eggleston, division operator; C. S. Brandt, captain of police; J. J. Cox, supervisor of signals; 1. E. Morris, road foreman of engineers; Paul Jones, engineer of maintenance of way; C. C. Murray, claim agent; G. B. Davis, dispatcher, anu D. B. Johnson, engineer of maintenance of way of the Indianapolis division. Represented Parke County. Representative Elias 11. Owen, of Rockville. was at the English yesterday. Mr. Owen is one of Indiana's legislative veterans, having served three consecutive terms In the Houset During the last session he occupied an Important position at the head of the committee on county and township business, lie said yesterday Vthat he had not decided whether he would keek re-election. . An Ardent Shldeler Man. Judge Hiram Brownlec, of Marlon, was in the city yestrday. Judge Brownlee Is considered one of the most ardent Shldeler men in the Elevc-nth district, and at a recent meeting in Marion at which the Republicans garo the Shidekr gubernatorial boom a rousing start he made the speech of the evening, eulogizing the prospective candidate In glowing periods. Enitllsh's w Mall Clerk. D. J. Sullivan, formerly connected with the Bates House, is the new mall clerk at the English. Mr. Sullivan comes to the English from the Hotel Anderson In Pittsburg. Visitors In the City. Dr. George F. Keiper. of Lafayette, is in the city to attend the medical conventions at the Denlson. George If. Gifford. of Tipton, a former member of the State Senate, was at the Grand yesterday. Nicholas Fllbeck. a well-known Republican politician, of Terre Haute, was a guest at the Spencer yesterday. Adam Beck, of Huntington. Republican state committeeman of the Eleventh district, was in the city yesterday. John R. Bonnell. of Crawfordsville. revenue collector of the Terre Haute district, was iit the Columbia Club yesterday. Will Attend Ilurke Funeral. The funeral of Frank E. Burke will be held from the residence . of his brother, James E. Burke, in Jeffersonvllle to-day. The funeral will be conducted by the Jeffersonvllle lodge of Elks. A delegation of & Elks lodge of thU city, headed by tho

officers of the organization, will attend the funeral. Several of them left last night, while others will go on the 7 o'clock train this morning. Several associates in the practice of law in this city and in the Irish societies will attend the funeral also. P. II. McNeils. M. O'Connor and others will represent the latter at the funeral. ADOLPH KAHN'S ARREST.

Is Accused by B. F. Carey of Obtaining Sloney Under False Pretenses. Adolph Kahn, employed in Kahn Brothers' clothing store at 127 South East street, was arrested last night on a charge of false pretenses and released after he furnished a bond of $200. Kahn Is accused of having obtained 0 from Benjamin F. Carey, manager of the New Home Sewing Machine Company agency at 127 Virginia avenue In this city, by having represented himself to be Aaron Kahn and signed that name to a check for $50 on the Capital National Bank. Carey swore out the warrant for Kahn's arrest, and In It charges that Adolph Kahn Is not Aaron Kahn and that he has no funds on deposit in the Capital National Bank. Back of the &0 check transaction Is a story of misplaced confidence in a game of poker. The story as told by Carey l.i that he was an onlooker of a game of poker played recently In which Kahn was a heavy loser. During the progress of the game Kahn went "broke" and the other players would not play with him unless he had cash. He asked Carey as an act of friendship to assist him in recovering the money already lost by advancing him some money on his personal check. He assured Carey, according to the latter's story, that the signature of "Aaron Kahn" to a check on the Capital National Bank was good and that he really needed the money. Carey accommodated him, he says, but when he presented the check to the bank for payment it was refused and he was told that Aaron Kahn had no account there. Later Carey learned that the signer of the check was Adolph Kahn and that he did not have any money on deposit In any of the city banks. Carey made an effort- to recover his money, and in order to Induce Kahn to refund the $CQ before the affair became public employed Daniel Brown, an attorney, to collect It. Brown was unable to induce Kahn to pay back the money and the matter was submitted to the police department. Captain Gerber advised Brown to have a warrant sworn out for the arrest of Kahn on the charge of obtaining money under false pretenses. Kahn Is said to be a man of considerable means, but It is also said that most of his real estate Is held in hl3 wife's name. HERRON ART INSTITUTE. The Fand Has Grown Until It Now Amounts to 9200,000. At the annual meeting of the Art Association at the John Herron Art Institute, Evans Woollen, secretary, ppoke of the death of two members of the board of directors, Mrs. Anna Churchman and D. P. Erwin: of tho gift of five pictures and of $5,000 by Mr. Erwin, of one picture by Mrs. Augusta Severin and of four bought by the association. The school had 132 pupils enrolled during the year. He also reviewed the fact of the association having engaged Vonnegut & Bohn as architects for the new building, who are now working on the plans. A. P. Stanton, treasurer, reported that the John Herron fund had grown to $200,000, which is divided according to the original plan Into three parts, for the fine arts, for the building and grounds and for the art school. Seven directors were elected to fill the unexpired term and the vacancies caused by the death of Mrs. Churchman and Mr. Erwin, those chosen being H. H. Hanna. C. E. Coffin, Mrs. S. E. Morss, Mrs. Benjamin Harrison, Mrs. Booth Tarklngton. Bement Lyman and John G. Williams. The board will meet April 14 tD elect officers. Mrs. Sewall, Mrs. Edward F. Hodges and Evans Woollen were appointed to prepare a sketch of the association. FIRE LOSS OF $5,000. J. C. Illrschman'a Mattress Factory Damaged This Morning. Fire of an unknown origin started in the basement of the J. C. HIrshman mattress1 factory, 113 North New Jersey street, at 1:30 this morning, causing a loss of about $3.000. The basement was filled with feathers, cotton and excelsior and the flames gained much headway before the fire department arrived. Several streams of water were thrown on the tire and in a short time It was under control. The entire building was filled with smoke, which added to the loss. The loss was covered by Insurance. CITY NEWS ITEMS. The Rev. Denis McCabe, pastor of Holy Cross Catholjc Church, on North Oriental street. Is improved slightly. He has been seriously 111 at the parochial residence with pneumonia, but the physicians announced yesterday that his condition is greatly improved and that he is out of danger. One of Flanner & Buchanan's wagons was damaged considerably yesterday by a team of black horses hitched to It running away from where they were hitched at 1923 College avenue. The team became frightened at a street car, and, after running several blocks, overturned the wagon and wrecked it. The horses were not Injured. . An overheated stove In the rooms of Mrs. Ollie Buser, a dressmaker on the second floor of 158 North Illinois street, caused a loss of $200 yesterday noon. The cigar store of E. H. Wells on the second floor was damaged somewhat by smoke and water. Mrs. Buser was inconsolable at her loss practically everything she owned. She carried no insurance on her property. Dr. Maurice Lemon, formerly of this city, but lately a practicing physician In South Bend. Ind., is dead in Los Angeles, Cal. His body will be shipped to South Bend for burial under the direction of the lodge of Elks, of which he was a member. Dr. Lemon went West for his health several months ago. but his mind was injured by his complaints, and he was confined in an insane asylum in Los Angeles, where he died. The Rev. G. A. Klenle has been formally installed as superintendent of the Deaconness Hospital by the board of directors to succeed the Rev. J. C. Peters. The Rev. Mr. Klenle for the last six years served as pastor of the Salem congregation at HuntIngburg, Ind.. and prior to that time he was pastor of Zion's Church at Lawrenceburg. Two years before his pastorate at Lawrenceburg he preached at St. Louis. He received his collegiate education in Germany and his theological education at St. Louis. Needs of Home of the Friendless. The Home of the Friendless Is one of the oldest charities In Indianapolis, having been established toward the close of the civil war. Its original purpose was to care for homeless and unfortunate women of all age3 and to afford a temporary shelter for their children until the mothers were self-supporting or until homes could be found Cor them elsewhere. In addition to this work the Increasing demand for permanent homes for aged and Indigent women within the past few years has led this institution to establish such a department, and the appeals for admission to the home during the past two years by women unable to pay the entrance fees charged by ether institutions or for other reasons, have been beyond the capacity of the home. There have been fourteen aged women cared for In this department alone during tho past winter, although death has claimed three within the year. The board of manigers of the Home of the Friendless cordially Invite all persons interested in this work to a tea to be given at the home. 17-4 North Capitol avenue, on Saturday. April 11. Cookies and fancy work suitable for Easter gifts will be on sale, and the house will be open to the inspection of the public. Mahoney Had 31any Drutses. Denny Mahoney. aged twenty-seven, better known to his friends and the police as "Boathouse Denny." drove up to the police station shortly after last midnight In a buggy belonging to a liveryman, and applied to the City Dispensary for treatment of several bruises he bore. Mahoney looked as though he had Just emerged from a fight, but he claimed he had fallen out of the buggy and hurt himself. The City Dispensary physicians set a dislocated arm for him. and also dressed a broken Jaw, which he Eald was caused by striking the wheel of the buggy as he fell. Mahoney was under tho intiuence of liquor, and was locked up by Bicyclemen Duncan and Askln on the charge of loitering. The horse and buggy were returned to the owner by tne uolic.

EXIT WEEKLY WAGE LAW

HELD TO BE IXCOXSTITLTIOXAL BY SUPREME COURT. Case Fought by the Republic Iron and Steel Company-Other Hlch Court Decisions. The weekly wage payment law, enacted by the General Assembly of 1S00, Is held to be unconstitutional In a decision handed down by the Supreme Court yesterday in a test case brought by the state factory inspector' for the State against the Republic Iron and Steel Company, of Muncie. The court holds that the law Is In violation of Section 1, Article 1. of the state Constitution, known as the bill of rights, and the fourteenth amendment to the United States Constitution, denying a State the power to deprive a -citizen of life, liberty or property without due process of law. In the opinion of the Supreme Court the law deprives a wage earner of the right and liberty of making a contract. One of the judges, In commenting on the case, said the law really makes the workman a sort of slave, or. at least, puts a guardian over him and Interferes with his personal freedom. The test suit was brought in the Delaware Circuit Court to compel the Republic Iron and Steel Company to pay wages weekly and to pay William Haverstick $06.95 back wages. The State won the suit and the court required the defendant company to pay $4S.45, a 50 per cent, penalty. Into the common school fund. The decision of the lower court is reversed by the action of the Supreme Court. Chief Justice Hadley wrote the opinion, which Is In part as follows: "Appellant (the company) Is authorized to contract and be contracted with as a natural person and we must therefore assume at the beginning that In its legislation the State is bound to recognize even in the exercise of its police power the right of all persons to the equal protection of the laws and to the security afforded by due process of law. "The right to a sustenance, and to acquire property, and to make treaties in relation thereto, is liberty in the constitutional Ecnso LABOR IS PROPERTY. "Labor is property: it is exchangeable for food and raiment, and comforts, and may be bought and sold, and contracts made in relation thereto the same as concerning any other property. "The question, therefore, arises is the arbitrary denial of the right to exchange money for labor one class of property for anotherIn matters which affect no public interest an unwarrantable Interference with the right of contract and a depriving of the person of liberty and property without due process of law? "The only rational grounds upon which it Is claimed there may be legislative Interference with freedom of contract for lawful purposes Is In the exercise of that undefined, reserved force of the people known as the police power. There Is a divergence of view as to the proper scope and application of this power, but all au thorities seem to agree that it may be exerted only in behalf of some general public Interest as distinguished from Individuals or classes that is to say, to protect the public health, safety, morals, prevent fraud and oppression and promote the general welfare. "It is not to be invoked to protect one class of citizens against another class unless such Interference Is for the real protection of society in general. As farreaching and flexible as the power has often been held to be, it is nowhere claimed for it that It may override the Constitution and strike down a right that has been solemnly and expressly guaranteed by the fundamental law. "The Legislature has exclusive authority to make laws setting It In motion and regulating its exercise. But when the power i3 used for the purpose of regulating a business occupation or employment which in itself is lawful and useful to the community it becomes the duty of the court when called on to decide whether the particular regulation Is just and reasonable and in harmony with the constitutional guaranties, or whether it Is an unwarrantable Invasion of the protected rights of the citizen to pursue such business or employment upon terms of his own choosing. "The attorney general endeavors to Justify the law upon two grounds (1) tho wage earners arc not upon an equal footing with employers, and opportunities for oppression and consequent public suffering ensue, and (2) thrift, being beneficial to the community, it should be encouraged by enabling workmen to pay cash for current demands, which can only be done by requiring frequent payment of wages. ARBITRARY INVASION. "Assuming all these things to be true, they do not of themselves Justify the arbitrary invasion of the personal rights and liberty of the citizen. Liberty to contract on one's own terms, to decide for himself his own employment, to buy and sell, to exchange one belonging for another are among his most cherished rights. "The contract prohibited affects employer and employe alike. If. the master can employ only upon terms of weekly payment the workman can find employment on no other terms. ' "The statute places the wage-earners of the State under quasi guardianship. It classes them with minors and other persons under legal disability, by making their contracts void at the pleasure of a public officer. It tends to degrade them as citizens by impeaching their ability to take care of themselves. It Is paternalism pure and simple, and in violent conflict with the liberty and equality theory of our institutions." The case was regarded as a very important one by the labor Interests of the State, and It has been followed closely by the labor leaders. State Labor Commissioner L. P. McCormack, who has had much to do with -the law because it gives him the power to suspend Its enforcement In an establishment where a majority of the employes petition to that effect, believes that the decision of the Supreme Court is a death blow: to labor. LABOR COMMISSIONER TALKS. In a statement which he gave out yesterday he said: "It is a blow to labor, but particularly to unorganized labor. Organized labor Is able to protect Itself to a large extent, and prevent practices in wage payments injurious to the employe. There are new equities not recognized In the opinion, but which will be recognized some day by th courts. "The decision says the law Interferes with the liberty of private contract. It Is not a private contract when one man or company worth a million dollars offers a workman $1.50 a day, whose wife and children may be sick and In need of food. A private contract contemplates that both parties are of a free mind and on the same footing. It is not a private contract, it Is duress. There are new equities. "Labor is property, the opinion says. That is true: but It is something more. A man is more than a hog. He is an intelligent being who has a place In society, and whose children become citizens of the State. The decision will relieve me of much work, but It was work I was glad to perform. "Just this morning I had letters from workmen complaining of the way employers had told them they could go elsewhere If they did not like the conditions under which they would not be paid once a week. "What was the man to do? He needed work. I find that the large majority of the employers are humane, and treat their employes well, but now and then there is an employer who will take advantage of workmen, because of the overthrow of this law and try to grind them down. As I look at it. the law secured to many workmen the enjoyment of their liberty, instead of depriving them of It. The decision will make more Socialists." Judgement May Be Set Aside. Under the decision of the Appellate Court yesterday, in the case of R. K. Syfers et nl., wholesale grocers, against Samuel A. Kelser, a traveling salesman, the courts may set aside a Judgment taken against a man in his absence. If his absence 13 excusable. Tho decision affirms the Judgment of the Tipton Circuit Court In setting aside a Judgment of $213.30 obtained by Syfers et al.

against Kelser. The latter, whose home is In Noblesville, was In Marion at the time of the suit against him. It was claimed that he was notified by long distance telephone that the suit would come up, but he testified that he had received no such" message. When he appeared he made a motion to set asidcthe judgment, which was sustained, and In his answer to the complaint claimed that the plaintiffs owed him over $J0. The Appellate Court says the evidence In the case Is conflicting, but that the burden of the testimony supports the verdict of the lower court. In the case of George A. Rich, administrator, vs. the E. & T. H. Railroad Company for damages for the killing of Joseph N. Rich at a crossing in 1301. the Appellate Court yesterday afllmed the decision of the Sullivan Circuit Court In holding that the comrlalnt of the plaintiff was bad because it did not show that .Rich took sufficient precautions against accident. Residence ot Proved. The Supreme Court yesterday reversed the decision of the Pulaski Circuit Court in granting Elizabeth Backer a divorce from Charles Becker. The Supreme Court orders a new trial In the case, on the ground that the plaintiff's residence was not proved by two witnesses.

MUCH INDIANA CAPITAL IXVEST3IEXTS SIIOWX BY FILIXG OF INCORPORATION PAPERS. Four 'ew Companies, irlth Capital AKKrecntlng 91,000,000 The Industries Represented. The office of the secretary of state did a rushing business yesterday with new corporations. Fifteen companies filed articles of Incorporation or Increased their capital stock, and the combined capital of four alone amounted to $1,000,000. The Evansville Telephone Company, of Evansville, was the largest of the new concerns, its capital stock being $390,000. There were 230 names signed to the articles, State Senator James Gray heading the list. The Central Union Building and Loan Association, of Terre Haute, came next with a capital of $300,000 and the following incorporators: R. M. Hollings worth, Albert Bremthinger, S. C. Stimson, J. C. Stlmson, F. L. Sweet, William Clarke, W. B. Steele and J. M. Landrum. The other companies were: The Edinburg Building Association, Edinburg: capital, $200,000: incorporators, Henry Maley, J. R. Mutz, A. W. Winterburg, J. M. Breeding, Antone Bossmeler, C. W. Davis, Jerry Hyde, Martin Lynch, H. V. Goodrich, M. G. Deming. J. A. Thompson, W. E. Downs, W. D. Pritchard and John Swain. Goldthwalte & Sons Company, Marion department store; capital, $lo0,oo0; incorporators, Martha E., William E.. Frank B., Lucy. Alice and Emma Goldthwalte. The Indiana Harbor Yacht Club, Indiana Harbor; Incorporators, John A. Bryden, James S. Jones, C. E. Fowler and Joseph Boehn. The Economy Glove Company, Fort Wayne, capital stock increased from $1,000 to $10.000. The Sugar Fork Gas Company, Madison county; capital stock, $2,000; incorporators, John Starr, Abraham. Stohler, Henry S. Stohler, Rachel Snowberger, James A. Stlnson and Henry Sheets. The Clifton-Ryan Construction and Manufacturing Company, Peru; capital, $20,000; incorporators, John Clifton, Charles Clifton. Emll Danlelson and W. S. Ryan. The Law ton Manufacturing Company, Wabash; capital, $50.000; Incorporators, C. H. Lawton, N. II. Bledson and John R. Logan. People's Union Telephone Company, Pekin. capital stock Increased from $2,000 to $6,000. The Bright & Binkley Coffee Company, Indianapolis, changed name to John B. Bright & Son, Inc. The King Oil Company, Marlon, increased Its capital stock from $8,000 to $14,000. The Union Loan and Trust Company, of Sheridan; capital, $J5,00u; Incorporators, John H. Cox and sixty-one others. The Patriot & North Telephone Company; capital, $5.000; Incorporators, Daniel Mead, E. E. Gregory, H. Warner, H. M. Douglas. II. Schroeder, Arthur Douglas, James Strack and John D. North, Jr. West Terre Haute Improvement Company, Terre Haute; capital, $10.000; Incorporators, James C. Stimson, L. P. Luckett, S. C. Stimson, Burton Cassidy and W. H. Etherlngton. HOME DRESSMAKING HINTS. By May manton. Dainty blouses, made with Insertions of embroidery or lace, will be greatly worn during the summer, months and are already made available with handsome tailor suits. The very pretty model shown is made of white batiste, with insertion of embroidery applied between tucks, and Is held at the front by tiny pearl buttons, but the design Is suited to all the season's materials, linen, cotton, silk and soft wools. The original Is unllned, but the fitted foundation is an Improvement to silk and wool fabrics. The foundation lining is smoothly fitted and closes at the center front. On it are arranged the back and the fronts of the 4383 Bloase or Shirt Waiit, 32 to 40 bust. TO BE MADE WITH OR WITHOUT THE FITTED LINING. waist proper that are laid in tucks, between and under which the trimming is applied. The back is without fullness, but the fronts are gathered at the waist line. The closing is made at the left of the center. The sleeves are, the new bishop sort that are tucked above the elbows and allowed to form soft full puffs below. At the neck Is a novel stock In clerical cut. The quantity of material required for the medium size is 5 yards 21 Inches wide, 4 yards 27 inches wide, Z yards 32 Inches wide or 2U yards 41 Inches wide, with 6 yards of insertion to make as illustrated. The waist pattern 433 is cut In sizes for a 32. 34. 36. 38 and 40-inch bust measure. PATTERN COUPON For rattern of garment Illustrated above send 10 cent (coin or stamps.) Cut out illustration and Inclose it in letter. Write your name and address distinctly and state number and Ire wanted. Address Faltern Dept.. The Journal. Indicnaiolis. Ind. Allow cn week tor return of pattern. I 31 ore Tinners Return to Work. The tinners employed by the II. W. Laut Company have returned to work, as that firm yesterday announced that it was willing to grant the Increase demanded. There are still about sixty-five tinners on strike, however, and they say they will remain out until the increase is granted them. The strike situation of the cigar makers and bricklayers remains unchanged, and, although the cigar makers and manufacturers are still holding conferences, no agreement has been reached. Another Veteran Gone. Nicholas Bartlett, treasurer and secretary of the Lake Shore road, died at Cleveland yesterday. He was nearly eight y-one years of age. Mr. Bartlett had been In the service of that company fifty years. He was born In Waltham. Mass.. Sept. 20. 1S22. and entered railroad service April l, 1S33, as freight clerk In the general offices of the road at Cleveland. On March 19. 1SC7, he was appointed assistant treasurer, and' in February, 1SS4. was appointed to the position held at the time of his death.

MAY DRAW NEW VENIRE

JURORS IX ALEXANDER CASE WERE IMPROPERLY DRAWN. Defective Indictments Against Christian Science Healers Will Be Re. placed by Good Ones. County Prosecutor Ruckelshaus said last night that he would consult with W. T. Brown, who Is assisting the State In the prosecution of Dr. Alexander, before de- , elding in regard to a new venire for the Alexander case. Jury Commissioner Steele, who drew the venire, seems to have se lected the most of his men from the city. While there is no objection to city men on the Jury it is pointed out that the law provides that Jurors must be selected from the different county commissioners' districts. Steele Instead selected them in this case with regard to population. CHRISTIAN' SCIENCE HEALERS. Defective Indictments Against Ttvo Are Quashed. Judge Alford, of the Criminal Court, yesterday sustained a motion to quash Indictments again Anna Dorland and Laura Funk, charged with practicing medicine without a license. The action was taken on purely technical grounds, It is understood. the indictments having been drawn under an old law. They failed to allege that the women were residents of Marion county. Prosecutor Ruckelshaus says the cases will be brought to the attention of the grand Jury again. The grand Jury yesterday made a partial report in the Criminal Court, returning indictments in a number of cases that will be tried Friday. One of those against whom indictments were returned was James Cooney, a fifteen-year-old boy, who is charged with assault. Earl Linn was indicted on the charge of grand larceny and receiving stolen goods, and William Martin was Indicted for the same offense. The women were indicted as the result of the death of the infant child of a Mrs. Knoope a few weeks ago. Mrs. Dorland is said to be a leader among the Christian ) Scientists of Indianapolis. j How Oldendorf Was Hart. A year ago yesterday Theodore Oldendorf walked into an elevator shaft in the Claypool building at Illinois and Washington streets. He was injured and began suit for $10,000 damages against Edward F. Claypool. The case went to trial before a Jury In Room 3, Superior Court, yesterday. The evidence developed that on the day of the accident the elevator push button on the first floor of the building was out of repair and an electrician was called to mend It. In doing so he opened the door to the shaft, sliding It about half way back. While thus engaged Oldendorf walked Into the building with the intention of taking the car to an upper floor. He saw the door was open and supposing the elevator car was there stepped into the opening. Charges Digamy. Edward L. James began an action for divorce against Mamie James yesterday, alleging that she contracted a bigamous marriage. Henry Cronk'a Will. The will of Henry Cronk, who died at the age of eighty-six years, was probated in the Circuit Ccurt yesterday. THE COURT RECORD. SUPERIOR COURT. Room 1 John L. McMaster, Judge. Lucy Depuy vs. George Depuy; divorce. Plaintiff dismisses complaint. Defendant dismisses cross-complaint. Judgment against plaintiff for costs, except" costs of cross-complaint. Judgment against defendant for costs of cross-complaint. John Barker vs. the Puritan Bed Spring Company et al.; mechanic's Hen. Finding for defendant on complaint. Finding for plaintiff on cross-complaint. Judgment against plaintiff for costs. Room 2 James M. Leathers, Judge. Burnet-Lewis Lumber Company -vs. Louis Schrieber et al. Submitted to court. Evidence heard. Taken under advisement. Room 3 Vinson Carter Judge. Theodore Oldendorf vs. Edward F. Claypool; damages. On trial by jury. CRIMINAL COURT. Fremont Alford, Judge. Stoll vs. Levi Dlx; assault and battery. Appeal from Justice of the peace. Evidence heard and finding of not guilty. CIRCUIT COURT. Henry Clay Allen, Judge. Ella Nora Fletcher vs. William P. Fletcher. Submitted to court, etc. Finding for plaintiff. Decree of divorce. Order forbidding marriage for two years. C. S. Goar, M. D., vs. Wilbur Dark, administrator. Claim settled and dismissed at cost of estate. Dr. G. H. F. House vs. Anna J. Walter's Estate. Claim submitted to court, etc. Finding for claimant. Claim allowed for $14.75 at cost of estate. City of Indianapolis vs. George Barnhardt: appeal from city Police Court. Dismissed by plaintiff. Judgment against plaintiff for costs. City of Indianapolis vs. Prudence Cox.

mm

Perhaps you know why you fail in the plans for money, fame and position. Some don't. Just why the brain does not produce practical money-making results is a puzzle to many

men.

Strong, healthy, natural brains cannot be made from the food most men eat and good brains can't work sharp when slugged to weakness by coffee. Unsuccessful brains come from improperly selected food and from colfee drinking. Coffee affects the stomach and nerves, thence the brain, and prevents proper digestion of even good food. A distinct improvement in mental power will follow in a week or ten days after coffee is left off and- Postum taken on. The results are multiplied when the brain-building food, Grape-Nuts, is used twice a day. There are well established and very clearly understood reasons for these sure results from the change In food and drink. You can make Money, Position, Fame if you have the kind of Brain that works that way. Postum well boiled produces a delicious beverage, satisfying and nourishing. Quit drugging and poor food and Conio Up Wtcro You Bclouz.

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F H HZ THE O IT Dismissed by plaintiff. Judgment against plaintiff for costs. NEW SUITS FILED. Nancy Metheany vs. Irene Randall; mortgage. Superior Court, Room 3. Edward L. James vs. Mamie James; divorce. Circuit Court. Sadie Carlin vs. Harry M. Carlin; divorce. Circuit Court. Robert B. Keith vs. Cora E. Kane et al.; mortgage. Superior Court, Room 1. Phoebe Booth vs. Walter E. Booth; suit on note. Superior Court. Room 3. HIGHER COURTS' RECORD. SUPREME COURT. 20045. Becker vs. Becker. Pulaski C C. Reversed. Monks, J. In actions for divorce plaintiff must prove his residence by two "resident freeholders and householders of the State." as required by statute. 19785. Republic, etc., Company vs. State of Indiana. Delaware C. C. Reversed. Hadley. C. J. 1. The act of Feb. 28. l&tf, known as the weekly wage law. Is unconstitutional and void. 2. It Is only necessary that the general subject of an act of the Legislature be expressed In its title. 3. Labor is property, and contracts may be made in relation thereto the same as any other property. 4. To Justify the Legislature In Interfering with private contracts by statutory enactment, the statute must be responsive to some public necessity, suitable to subserve it, and reasonable in its operation upon the persons whom it affects. 5. Any law or policy that disables a citizen from making a contract whereby he may find lawful, needed and satisfactory employment is unreasonable. 19863. Germania, etc.. Insurance Company vs. Fitch. Vanderburg S. C. Petition for rehearing overruled per curiam. Where an insurance company, after a loss, has thrown the assured off her guard until it is too late to comply with the conditions of the policy, the assured is not thereby barred from recovering upon the policy. New Case. 20114. Joshua S. Sissoa et aL vs. Joseph Carithrrs et al. Vanderburg C. C. Record. Assignment of errors. Joinder. Assignment of cross errors. Joinder in term. Bond. Submitted by agreement. Minutes. 13719. Mary A. Osborn vs. John T. Hocker. Hendricks C. C. Appellee's motion to retax costs. APPELLATE COURT. 4313. Syfers vs. Keiser. Tipton C. C. Affirmed. Robinson, J. 1. In setting aside a judgment for excusable neglect, unless "the discretion of the trial court is abused therein, the cause will not be reversed on account thereof. 2. Where the evidence Is conflicting upon the material questions, this court cannot weigh it to determine the preponderance. 4607. Rich vs. E. & T. H. Railroad ComSany. Sullivan C. C. Affirmed. Comstpck, .1. A railroad track is Itself a warning of danger, and it is the duty of a traveler to exercise ordinary care In all cases when attempting to cross such tracks. 2. Knowledge that a train Is due Imposes upon a person crossing railroad tracks the duty of exercising a higher degree of care than if he is not in possession of such knowledge. 3. A traveler has no right to confine his precautions to trains scheduled to pass at a designated time; he must guard against "extra trains" and "wild trains" as well as regulars. 4. The conduct of a railroad company to relieve an injured party from the exercise of ordinary care must be of an affirmative character. 4634. Jefferson Township vs. Adams. Boone C. C. Dismissed. 4076. Klein vs. Nugent Gravel Company. Gibson C. C. Appellee's petition for rehearing. New Case. 4777. Jacob A. Shipley vs. Harriet E. Smith. Morgan C. C. Record. Assignment of errors. Notice. Minutes. 4076. Anthony J, Klein vs. Nugent Gravel Company. Gibson C. C. Appellee's petition and brief (8) for rehearing. 4641. The Edmunds Electric Commission Company vs. Horace Marlotte. Allen S. C. Appellee's brief (8.) 4659. The Indiana, Illinois & Iowa Railway Company vs. John C. Trlnosky. Pulaski C. C. Appellee's brief (8.) 4703. Daniel W. Norton et al. vs. Robert Fisher et al. Marion S. C. Appellees petition for oral argument. 4709. Midland Steel Company vs. the Citizens' Natioaal Bank of Kokomo. Henry C. C. Appellant's application to amend assignment of errors. Affidavit and notice. Exhibit of Thirty Prise Gowns. The New York store was very fortunate in being able to exhibit yesterday and the

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STRAIGHT DELS V--'- reft. day before thirty gowns from the National Dressmakers' Association recently shown, at their convention in Chicago; also twelve Paris model gowns, which were on view at the Chicago exhibit. The gowns have excited great admiration wherever shon and were viewed by a lar?e number of Indianapolis women during their brief showing in this city. They were all exceedingly handsome, the observer being immediately struck with the Immense amount of work expended on each of them. The prize dress, made by Miss Hartwell, of Omaha, was naturally the center of interest. This gown was fashioned from pale green Liberty satin, over robe of accor-dion-plalted chiffon in all the soft pastel shades. The bodice and the skirt yoke were entirely of delicate lace work in square medallion design, the same intricate lacy pattern being repeated on the flounce of the skirt, which fell over the full flare of the varl-colored ruflles. Te price of - the dress was estimated to do somewhere between $700 and JSU). The voluminous lines on which the majority of these artistic creations were cut were but an Indication of the ever-Increasing tendency toward full skirts and sleeves. A pale green dress from the celebrated Paquln had its skirt exceedingly full, being gathered and plaited around the waist and further elaborated by silk and lace applications. The waist was a tucked blouse effect of white muslin with a full Eton. The sleeves were short and full, being finished with knife plaltings of !iccedged musün. and the girdle was a folded band of bronze-colored silk, gold buttons and buckles completing the costume. x The second prize sown, which was the work of Miss Wade, of Rock Island. 111., was a handsome ono, consisting of a skirt of black corded silk with a lull flare and a coat, heavily appliqued with lace. The other gowns were all extremely rich and beautiful. The gowns will be taken from here to Cincinnati, where they will be placed on view, it being the idea of the National Dressmakers' Association that these exhibits will further the Interests of their organization by comparison and competition. BOARD OF WORKS ROUTINE. FINAL ACTION TAKEN. Cement walks and curb In Waiden street, from Missouri street to the canal. Estimated cost. J370. Gravel roadway and walks In North street, from Hisnland avenue to Oriental street. Estimated cost. $l.i. Cement walks and curb in English avenue, north side, from Laurel street east to State avenue. Estimated cost, Uy0. Gravel roadway In first alley west of Central avenue, from Twenty-fourth street to Twenty-fifth street. Estimated cost. tavpv T vrTT? AnvisrMrA'T. Gravel roadway, cement walks, brick gut ters and curb in St. Paul street, from Prospect 6treet to a point 7714 feet south. ALL ACTION RESCINDED. Cement walks In Bell street, east side, from Michigan street to North street. FINAL REMONSTRANCE FILED. Against the improvement of North street, from Highland avenue to Oriental street. Gravel roadway and walks as per Improvement Resolution 24. 1SKKL PETITIONS FILED AND REFERRED TO THE ENGINEER. For gravel roadway, cement walks and stone curb in Cornell avenue, from Twentythird street to Twenty-fifth street. For grading to level of street the first street eouth of Wabash street, from Geisendorff street to Douglass street. PAPERS ORDERED. For brick roadway in the first alley west of Capitol avenue, from Pearl street to Maryland street. For cement walks next to curb, sodded lawns, brick gutters and stone curb in Hoyt avenue, from Shelby street to State avenue. For gravel roadway, brick gutters, stone curb and cement walks In Woodlawn avenue, from State street to Shelby street. Teachers of Science. The eighth annual conference of science teachers of Indiana will convene in this city on April 24 and 23. Prof. W. A, Fiske, Instructor of science in the Richmond High School, Is president, and Prof. J. F. Thompson. Instructor in botany In the Richmond High School, is treasurer. President Flske will speak on "Science and Character." and Prof. D. W. Dennis, of Earlham College, will give an Illustrated lecture on "Plant Adaptation." Heedquarters will be at the English and the sessions will be at the Manual Training and Shortrldge high schools.

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