Indianapolis Journal, Volume 53, Number 301, Indianapolis, Marion County, 28 October 1903 — Page 9

THE INDIANAPOLIS JOUKNAL, WEDNESDAY, OCTOBER 28, 1903.

MOMENT TO A GOOD MAN

THE W. X. JACKSOX 3IK3IOKIAL INSTITUTE IS DEDICATED. ' J It . inont lllllinrn 111 1 -.. LelJetInn Adilrm and Others Speak History of Movement. The W. N. Jackson Memorial Institute, Alabama and Twenty-third streets, was dedicated last night ia the presence of an audience which completely filled the spa cious auditorium on the second floor of the fculitfini?. An excellent musical programme was given m addition to addresses by hoae who are Interested la the free kindergarten work. Judge Alexander C. Ayre presided over the exercises and Introduced Mrs. .Louis J. Blaker, superintendent of the free kindergarten yrtem iu this city, who gave a brief history of the work. Mrs. Blaker said that the formal Train-, in? School was primarily for the kindergarten rather than for the teachers, and tie building that was dedicated last night Traa erected for the purpose of making the tsachers work more effective with the children. It Is to be used not only for training pupils, but also for holding meetings for the mothers of the district children, Thomas N. Spann, who knew Mr. Jackson for many years, read a sketch of his Hie.-, telling of his simplicity, his love for children, and his desire to do 'good toward his fellow-men. lie closed his sketch by saying that those men and those women who firat began to discuss the building of the institute received their inspiration from the life of Mr. Jackson. DU. MILlftjKN SPEAKS. After a few remarks by the Rev. Owen 1. Odell, pastor of the Second Presbyterian Church, the address of dedication was delivered by the Rev. Joseph A. Milburn, pastor of the Michigan-avenue Congregational Church of Chicago. - Dr. Milburn said In part: "We owe the creation of the building to four people we owe it to the life of W. N. Jackson; we owe It to John P. Frenzel, who gave such sane advice, and but for his advice we would not liave had the building to-night; we owe it to Mrs. Blaker. founder of the kindergarten in this community; she is one of the most mcient women in mis cuy, one 01 me greatest ethical forces we have had In this city In the past ten or fifteen years; we owe it to Mrs. Tucker, who by her executive power has collected the funds with which this building was built; to her belongs the victory. The function of education is to send teachers throughout the world to spread kindness and lovo to all mankind and aid in broadening them and making them better thinkers." GROWTH WAS FAST. . The free kindergarten system was started In this city twenty-one years ago with elght women studying to' be teachers in the school. Last year 374 teachers were enrolled in the school -and 'this year 111 teachers have already enrolled and before the second term has begun 300 more are expected. . There are now twenty-three free kinder garten schools In the city, and twelve domestic schools where household science-la täught. - V ' The plans for the building which was dedicated last night were first discussed about two years ago, and by the persistent efforts of Mrs. Tucker, Mrs. Blaker, Mr. Frenzel und Mr. Milburn enough money was ob- . tained from the people of this city and elsewhere to erect the building at a cost of TO.OOO. There were 2S0 donors, and the ' amounts given ranged from the $1,500 gift of Hugh II. Hanna down to L The building is a large brick structure, arranged to best meet th needs of the 'teachers to fit themselves for the education of poor children. On the first floor are recitation" rooms. On. the second floor U located the auditorium and other recitation rooms. Recitation- rooms are also located on the third floor. In ths basement are located a practical kitchen, dining room and bedroom, where the teachers are taught the practical lessons of housekeeping every Frl- ' lay afternoon. They prepare meals and rve them, and also make beds and sweep. The teachers then teach the children of the kindergarten on Saturday morning what they have learned the preceding afternoon. Teachers have been sent by the klndergarten in this city to Porto Rico, Lueknow, InUa, Japan and China. ' WAE. WITH BLATCHLEY. (CONCLUDED FROM FIRST PAGE.) out giving any just and lawful reason for the delay, the board of 1D02 failed to order the report printed, and it was not until April 20, 1003. after the personnel of the "board had partially changed, or nearly fifteen months after its submittal to the Governor, that final action was taken on the report." PRINTING BOARD'S LETTER. The letter addressed by the state printing board to, Mr. Blatchley Is as follows: . "The-attention of this board has been directed to the fact that you have seen fit to Interpolate into your report for 1901 and 1902, Just appearing from the press, an extended criticism of the Printing Board. ."The matter in question was never submitted to the board in accordance with the law authorizing public printing, and Its insertion, subsequent to the action of the board authorizing the printing of your report as submitted. Is in violation not only of the letter but of the spirit of the law, which specifically provides that the Board of Public Printing 'may eliminate from any report such matters as they may deem Unnecessary to be published "The board not only questions the propriety of the Insertion of such a criticism, if it were warranted, but desires to direct your attention to the fact that the incor- . rectness of the statements on which you base your conclusions therein given is demonstrated by the official report of this board. - "In view of the fact that the Interpolation of the matter in question is Illegal and unwarranted, the board has, by formal action this day taken, directed that in copies of the document still to be Issued It be stricken from your report. "The board desires in this connection to call your attention to the facts relative to the delay in the printing of your-report as they appear of record in the minutes of this board, and as they are readily remembered by members of the present board and their predecessors thereon. "Your report for 1301 was filed, according to your letter of transmittal, on Jan. 2S, 1302. It was first brought to the attention of the printing board at the meeting held von May 3, VXZL The possibility of publishing all the reports due during the fiscal year within the appropriation available for that period was, however, informally discussed by the . board during the intervening time. One report from your depart- - ment had already been paid for out of the funds available during that fiscal year. As a matter of fact, the reports due from the State Board of Health and the State Board of Agriculture for the year 19U1 were not published during the fiscal year ending Oct. 31. 1302, on which account there was returned to the treasury something in excess of $10,000 from this fund. This was a . condition, however, that could not be foreseen by the board at the time mentioned. The re"".d of the board on May 3, 11)02, shows that the clerk was further directed to investigate the condition of the printing fund, and also make an estimate of the d, and also make an estimate of the bable expense out of this fund during remainder of the present fiscal year, pro the and report to the board COPY NOT COMPLETE. "At the meeting of the board on June 6 the record shows the following proceeding: Upon the statement of the clerk that in tiling copy with the Governor for his annual report for 1M1, as shown In the table of contents, the geologist had failed to fli copy for the state mine Inspector's report, täte gas Inspector's report, report on lower carboniferous limestone of (southern Indiana, maps, etc., the board unanimously decided that t.e copy for such-report be referred back to the Governor until all the copy had been filed, when the matter of printing the report would be considered.' From thh paragraph it is appurt-nt that up to this time there had be-n no compliance on your part with the law requiring the full text of reports intended for -publication to be flld with and passed u;n ly the board, and it would have been Impossible fur the board legally 'to have authorized the printing of your report prior to or at this time on account of your own delay. On June . the dai this meeting was held, the chair-

man of this board forwarded tr you a letter setting forth this state of facts. At some time subsequent to this meeting you withdrew from the Governor's office your report In its entirety, so far as filed, and it was not ajain submitted to th? board until Feb. 23. VJ02, when it was tiled In conjunction with your report for the year YX2, being submitted to the board at its next meeting, on March 11, 103. On April 21. which was the next meeting of the board, the following proceedings were had, according to the official record: 'After some discussion as to the contents of said report (meaning the report of th state geologist) it was unanimously ordered that said report be. printed as filed, covering a period of two years, 1301 and 1002 In one volume, etc. "It will be seen from the foregoing that the present and preceding board have taken no action prejudicial to your department; that whatever delay has occurred has been caused through no fault of the State Printing Board, and that your criticism, especially in an official report, was entirely unwarranted. 'The board has taken its action, however, with reference to the elimination of the portion of the report referred to on the ground

that Its insertion In the manuscript, after It had been ordered printed as filed, was illegal." A BAD REPUTATION. Police Think George Davidson, Colored. Is a Had Actor. George Davidson, a negro with an unsavory reputation, was arrested last night and slated at the police station on a charge of grand larceny. BIcyclemen Asklns and Duncan and Detectives Haley and Splann arrested the negro for stealing" several suits of clothes and shoes from a store at S06 Massachusetts avenue last Sunday night I anu tney also suspect mm or oeing ine . At a m I negro who attempted to hold up A. L. Ramsey night before last at Indiana avenue and Ghent street. During the scuffle with the negro Ramsey was shot in the hip, but his wound, it 13 said, 13 not serious. He will be taken to the police station this morning to Identify the negro under arrest. Henry Smith, a colored friend of Davidson, was also arrested and slated on a loitering charge, as It Is believed that he is implicated in several small robberies in which Davidson has been a factor during the last few weeks. NEW BUSINESS CONCERNS. Redkey Oil and Fuel Company Has Leases In Promising Field. The Redkey Oil and Fuel Company, of Redkey, Ind., was incorporated yesterday with a capital stock of $50,000. The com pany proposes to sink and operate oil and gas wells in the counties of Jay, Randolph, Delaware and Blackford, with its main offices In Redkey. The board of directors In clude John S. Pierce. Ora Williamson, Oscar J. Current and William a. Garrett. Papers incorporating the United Shell Company were filed with the secretary of state yesterday. The new company is located at Lawrenceburg and intends to deal In shells and to manufacture buttons. Fol lowing are the directors: Leo B. Guttman, Joseph webb and Lip man Aitmeyer. The Ward-Dickey Steel Company, of Har bor City, has incorporated with a capital stock or $50,000. Wallace J. DicKey, j. Newel Ward and Lillian M. Ward comprise the board of directors. CONGREGATIONALISTS MEET. Central Association of Churches Re sins Its Annual Session. The semi-annual meeting of the Central Association of Congregational Churches and Ministers began last night in the Union Congregational Church, Fifteenth and Montcalm streets. At the session held yesterday the Rev. Dr. E. D. Curtis delivered an address on "The Mission of Congregationalism;" the Rev. Dr. J. II. Crum, of Indianapolis, on "The Maintenance of Our Weaker Churches," and Mr. W. J. Warner, In dianapolis, on "Shall We Employ a City Missionary T C. E. Cox, of Indianapolis, led the discussion on "City Congregation alism." The Rev. A. M. Hall, Indianapolis. also addressed the session. The song service last night was conducted by the Rev. C F. Hill, Brazil. Addresses were made by the Rev. Robert Storrs Os good ana vr. Curtis, Doth or this city, and C. W. Turrell, of Terre Haute. Will Operate Oil AVells. The Commercial Oil Company, of this city, which operates in Wells county immediately east cf Montpeller, has five pro ducing wells in that locality. In addition to leases of 1,600 acres in this field the com pany has recently purchased leases on 4.000 acres la Randolph county, south of Winchester and southeast of Parker City, and the company Is now making necessary arrangements to begin active operations in this field. Officials of the company will visit their new possessions this week, and after a carerui investigation win make a location for the first week. Some of the best wells In Indiana have been recently shot in close proximity to the 4.000 acres on which the company holds leases, and should the developments prove successful. It will open up thousands of acres for future operations in the vicinity of Parker city ana wiucnester. Colored Women Disagree. Minnie Holt and Mrs. Thermon, colored. enjoyed a regular battle royal yesterday afternoon In the rear of 736 North Californla street, and in the thickest of the bat tle Mrs. Holt struck her antagonist In the head with a hatchet, felling her to the ground. BIcyclemen Hull and Griffin were called, but by the time they arrived on the scene the fight was over. Minnie Holt was arrested and taken to the police station. where she was locked up on a charge of assat'lt and battery, but Mrs. Thermon could not be found. Failed to Appear. Proudy Rhodes and Kelly Simms, two colored women, living at 1344 Fayette street. were arrested yesterday afternoon by Pa trolman Crabtree. The women were summoned as, witnesses in a case which was to have been heard before Judge Whallon. of the Police Court, yesterday morning, but they failed to put in their appearance. The Judge ordered them locked up until the case comes to trial to-day. Death of Elinlra J. Slndlson. Elmira J. Madison, mother of B. F. Mad ison, a . well-known Indianapolis business man, died yesterday morning, after an ill ness of several weeks. Mrs. Madison had been a resident of this city for over thirty years, xne remains were placed in the care of Adams & Kreiger, and the funeral will be beld from the late residence under their direction to-morrow afternoon. The interment will be at Crown Hill. ADVICi: TO SINGERS Madanie Xordlca Tells Them to Under. stand Their Songs. October Success. It has frequently been a source of sur prise to me to find that j'oung singers who come for an expression of my opinion on their voices have no idea of the meaning of the foreign words that they sing. Surely it is not possible to make an impression on your hearers when you have none to convey, and that is exactly what ignorance of the text of a song means. Beauty of tone is all well enough, and of vast Importance, but you must also know the value and meaning oi tne poefs words that inspired the com J)OSer to write. Yet. after listening to such s familiar number as the "Jewel Song" fron a from "Faust," I have often enough found that the singer had no knowledge of the text, and but a vague Idea of the meaning of the num ber as an episode in the opera. If you sing m a language that you do not speak, which. in itself, is unfortunate. It is at least neces sary for you to know the meaning of every word of the song in hand. The day is done. thanks to Wagner, when trills and roulades stand for musical intelligence. The word has a value above that of the tone which is in tended to heighten Its meaning. In studying a song, get aosoiute Knowledge of every word in it. no matter what the language. Declaim it over carefully, that you may learn to give Just value and expression to each word and sentence; above all else, enunciate distinctly, and , pronounce cor rectly. Think out the situation and picture what the poet has tried to place before you: then, and then first, are you ready to enter on the study of the melody. In singing a group of songs in public, try always, to begin with something familiar and in the vernacular. It Is quite as Impossible to hold the attention of an audience before you have engaged it as it Is to cook the proverbial hare before you have caught It.

ESTATE OF S. E.

A QUILL A Q. JONES APPOINTED THE ADMINISTRATOR. Bond of $50,000 Filed, Twice the Estimated Value of the Estate News of the Courts. Aquilla Q. Jones was yesterday appointed administrator of the estate of Samuel E. Morss, late editor of the Sentinel, and qualified under a $50.000 bond, twice the value of the personal estate. Mr. Morss did not leave a will, and his widow filed a waiver to act as administratrix of his estate, and requested that Mr. Jones be appointed. SUES TRACTION C03IPANY. LIHIe Dell Demands f 5,000 for Injuries from Martinsville Line. Lillie Bell yesterday filed a $5,000 damage suit In the Superior Court against the Indianapolis & Martinsville Rapid Transit Company for personal Injuries received on Aug. 2, 1&G3. On that day the plaintiff, so the com plaint recites, took passage on one of the defendant's cars at Indianapolis to go to Martinsville. When the car reached a ,t unable to nroeeed on account of a wreck of one of the defendant's cars, and the pas sengers were required to alight and walk around the wreck to take passage on an other car. In walking around the wreckage the plaintiff stepped into a hole four feet deep and eight inches in diameter, which the defendants had dug for the insertion of a trolley pole, but which it did not use. The ligaments and muscles In the plaintiff s foot wrere torn loose, and she was permanently crippled, for which she asks compeirsation. CLAYSONIAN IX HARD LUCK. Oliver Gets Sixty Days in the Works' and Thanks the Judge. Oliver Clay, the negro who failed in his attempt to maintain a Claysonlan library, was yesterday sentenced by Judge Alford, of the Criminal Court, to serve sixty days in the workhouse for assault and battery. Clay was indicted on a charge of assault and battery with intent to kill Albert Miller, a patrolman, on the ICth of last month. The patrolman had gone to Clay's house to evict him, but Clay met him with a revolver and threatened his life. Clay said on tne stand yesterday that the patrolman had come to his home and told him that he must not have so many people coming there. The patrolman stood there witn his mace, and Clay became apprehensive and drew his revolver "to Intimidate him and prevent his taking the unwarranted action evidenced by his atti tude as being imminent. Clay was found guilty of assault and battery, and thanked the Judge when sentence had been pronounced upon him. Henry tpahr Fined. Henry Spahr, B36 Tremont street, was given a hearing in the Police Court yesterday morning while his wife lay on her death bed from the ravages of consumption, and after hearing the case Judge Whallon fined him $5 and costs. Mrs. Spahr, it is said, has been the victim of her husband's habit of drunkenness ever since she has been 111, as ho beats and abuses her when under the Influence of liquor. He often leaves his wife alone In the house for days at a time with little .or nothing to eat, it is said. Rights of a Driver. By affirming the $6,000 Judgment recovered by John W. Darnell for being knocked from his wagon by a street car, the Appelate Cotirt yesterday decided that it Is not .negligence to drive on the car tracks at a railroad crossing In order to allow a freight train to pass. Darnell drives a milk wagon and several months ago drove upon the car tracks at the lie it Kallroad and West Morris street and was struck by a street car. Darnell drove along side several other wagons that partly blocked tho street. Swearing Cost Him Money. Anson Thompson, 2920 Kenwood avenue. was fined $1 and costs in the Police Court yesterday morning on a charge of profanity. His cursing was done because he was ordered by the purchaser of his neighbor's land not to move a Darn wmcn ne had built on his neighbor's property over onto his own lot. He moved the barn finally, but his swearing cost him $1L THE COURT RECORD. SUPERIOR COURT. Room 1 John L. McMaster, Judge. Josephine Schuster vs. Indianapolis Trac tion and Terminal Company; damages. Cause submitted. Evidence heard. Finding and Judgment for plaintiff against defendant for $33 and costs. Benjamin Surface vs. Indianapolis streetrailway Company; damages. Plaintiff dismisses. Judgment against plaintiff for costs. City Bond Company vs. George Woodruff. et al.; improvement lien. Plaintiff dismisses. Costs paid. Seward Lemon et al. vs. Indianapolis Street-railway Company et al.; damages. On trial by Jury. Room 2 James M. Leathers, Judge. Wilbur Sancs vs. Indianapolis & Vlncennes Railway Company et al.; damages. Dismissed at plaintiff s costs. Henry S. Frazer vs. National Bond and Realty Company, Receiver. Evidence heard. Finding in favor of A. J. Cochran for 5780. George Ellis vs. John Pierce; damages. Dismissed at plaintiff's costs. Thomas S. Hessong vs. Central Oil Company et al.; appeal from Stout, J. P. Dismissed at plaintiff's costs. Louis Taylor vs. Harmoning et al.; damages. Jury instructed and retires. Room 3 Vinson Carter, Judge. The City Bond Company vs. James T. Wright et al.; street lien. Dismissed and costs paid. The City Bond Company vs. Joseph Miller et al.; street lien. Dismissed and costs paid. Big Four Building Association vs. Scott Wherry et al.; foreclosure. Dismissed by plaintiff. Judgment against plaintiff for costs. Harry Harvey, by next friend, vs. Indianapolis Street-railway Company; damages. Jury out. CIRCUIT COURT. Henry Clay Allen, Judge. Dora Holllngsworth vs. Harvey Hollings worth. Evidence concluded. Finding for plaintiff. Decree of divorce. Custody of child. Ernest, given plaintiff. Judgment against defendant for costs. Schuyler .A. Haas, Administrator, vs. C, C. C. & St. L. Ry. Co. Submitted to Jury. Evidence concluded. Arguments had. CRIMINAL COURT. Fremont Alford, Judge. Oliver Clay; p.ssault and battery with intent to kill. Defendant arraigned and enters a plea of not guilty. On trial by court. Evidence heard. Finding of guilty to assault and battery. Fined $1 and costs, imprisoned sixty days in workhouse; dis franchised sixty days. Jessie Phillips; murder. Court appoints Ben C. Miller as attorney to defend as a poor person. Oliver Clay: assault to kill. State of In diana, by prosecuting attorney, files a nollo prosequi, as defendant was convicted in another caue. Motion sustained. Starr Flynn; delivering liquor to minor. Defendant arraigned and pleads not guilty On trial by court. Evidence heard. Find ing taken under advisement until to-mor row morning. NEW SUITS FILED. Lilly T. H. Jones, Administratrix, vs. Cleveland. Cincinnati, Chicago & S Louis Railway Company; complaint for damages. Circuit Court. Lillian M. Adams vs. John S. Adams; di vorce. Circuit Court. Jesse Pigg vs. The Indianapolis Traction and Terminal Company; complaint for damages. Superior Court, Room 1. Mary F.- Wischmeyer vs. Henry W. Wischmeyer; divorce. Superior Court, Room 1. . City Bond Company vs. Peter Little et al.; complaint on Improvement lien. Superior Court. Room 1. David C. Reeder vs. Maroe Blackman et al.: foreclosure. Superior Court, Room 2. John E. Hammons vs. Genrsre Rucking-

iÄr'0' on h0,c- SupcriOT

vcrce. hupertor Court, Room 2. Lillie Bell vs. Indianapolis &. Martinsville Rapid Transit Company; complaint for damages. Superior Court, Room 3. Julia 4: Brooks vs. Irene Brooks et al.; complaint for accounting. Circuit Court. HIGHER COURTS RECORD. SUPREME COURT. 20143. Stembel vs. Bell. Tippecanoe S. C. Affirmed. Hadley, J. l. The question of the residence of a person is one of fact, and when determined from evidence the conclusion of the trial court cannot be reviewed. 2. In taking a census of territory seeking incorporation Into a town, with a population of 1,131 persons, but falling to list the head of one family of three persons, does not vitiate the census, as one so nearly perfect Is a substantial compliance with the statute. 3. The use of initials for Christian names in enumeraing a census list does not vitiate the census. 4. When a petition for incorporation into a town is signed by more than one-third of the resident voting population of the district, accompanied by the required survey, map and census, is presented to the Board of Commissioners they have no discretion when once they satisfy themselves that the survey, map and census have been exposed to examination in the manner and for the period required by the statute, but It becomes an imposed duty to submit the question of incorporation to the voters of the district. 5. The Legislature has the power to ratify by a curative act steps and acts done in the incorporation of a town, when such acts are not Jurisdictional infirmities. 20115. Kelley vs. City of Marion. Grant S. C. Affirmed. Monks, C. J. In seeking aft injunction to prevent the construction of a driveway over the sidewalk in front of plaintiff's lot he must allege that he Is the owner in fee of the ground over which the sidewalk is being constructed. 19953. Branstrator vs. Crow. Allen C. C. Appellant granted leave to amend brief. 20128. Old Wayne, etc., Association vs. McDonough. Marion S. C. Leave granted appellee to file brief. 20143. Tuchshuber vs. Knewson. Wells C. C. Appellee's motion for additional time granted. 20149. Studabaker vs. Board of Commissioners. Wells C. C. Same. 20104. Featherngill vs. Wright. Johnson C. C. Transferred to Appellate Court. 20132. C. & E. Railroad Company vs. Lain. Fulton C. C. Same. 20159. Water Company vs. City of Valparaiso. Lake C. C. Same. Mlnutea. 19D13. Charles Voss vs. American Crystal Monument Company. De Kalb C. C. Appellant's additional authorities (S.) 20100. American Rolling Mill Company vs. James H. Hulllnger. Delaware C. C. Appellant's brief (8) on petition for rehearing. 20123. The Old Wayne Mutual Life Insurance Company vs. Sarah McLonough et al. Marion S. C. Leave granted to file brief. Appellee's brief (S.) 20170. Lewis Clupper, administrator, vs. Christian Clupper. Wabash C. C. Appellant's brief (8.) 20172. John Shelby vs. State of Indiana. Knox C. C. Appellee's brief (8.) 20132. Chicago & Erie Railroad Company vs. Henry Leroy Lain. Fulton C. C. Ap pellant s statement on appellee s motion. etc. Affidavits of Wright et al. in support or statement or appellant. 20157. The Board of Commissioners of Newton county vs. State ex rel. Elmer R. Bringham. White C. C. Appellee's brief 15.) APPELLATE COURT. 4733. Noah vs. German-American, etc., Associtlon. Grant S. C. Affirmed. Henley, J. 1. Error In striking out interrogatories must be presented through a motion for a new trial. 2. It Is not error to strike out exhibits filed with a pleading when such ex hlbits are not the foundation upon which the pleading rests. 3. A debtor of a building association, on account of a sum of money borrowed, cannot defend an action on the loan upon the ground that the trans action was ultra vires. 4. When the stock in a building associtlon is not guaranteed to mature with a limited number of pay ments and does not mature with such pay ments, then it only matures when the dues ?aid and earnings thereon amount to the ace value. 5. Oral or printed statements made by the officers or agents of a building and loan association In direct contradiction of the by-laws, when the by-laws are made a part of the contract by reference thereto. or when such declarations or statements are In direct contradiction of the plain lan guage of the contract itself, whether relied upon by the person to whom made or not, cannot be made the basis of an estoppel unless such representations are fraudulently made. . 4737. Kepler vs. Wright. Wayne C. C. Affirmed. Robinson, C. J. 1. Where the making of a deed and note and mortgage are to be concurrent acts the note and mortgage depending for execution, the execution of the deed by the other party to the transaction, on a refusal to execute the deed a tender of the note and mortgage is not required. 2. When a person has paid the contract price for a tract of real estate he is entitled to a deed there'or. .4427. Indianapolis Street-railway Company vs: Darnell. Morgan C. C. Affirmed. Cornstock, P. J. 1. A Jury has the right to draw from the facts proven fair and reasonable Inferences. 2. It is the duty of a motorman of a street car to have it under such control 'that it may be stopped within a short distance If the occasion requires. 3. Where a defendant In a civil case does not introduce any testimony in the case and remains silent the jury has the right to put a construction upon such silence. 4. It Is not negligence for a person traveling in a vehicle to drive upon street car tracks and wait at a crossing for a steam railroad train to pass. And when such street car tracks run backward from him he is not required to constantly look behind him for an approaching car. 5. Where the circumstances are such that reasonable minds might draw different conclusions respecting the negligence of a party, then the question of due care Is one of fact for the Jury. 4624. Brown vs. Reeves & Co. Bartholomew C. C. Affirmed. Wiley. J. 1. In a sale of real estate for taxes the real estate must be properly described In the notice of sale. 2. Where the correct description of property is, "Lot One (1) In the Columbus Wheel Company and M. T. Reeves's addition to the city of Columbus," and Is advertised for tax sale ns "Lot 1. Col. W. Co.," the latter description Is insufficient to make a valid sale and convey the title thereto. 4924. Singer Manufacturing Company vs. Schmalzried. Laporte C. C. Dismissed. 4522. Gas Company vs. Whipple. Adams C. C. Oral argument Nov. 19, 1903. 4512. Mercer vs. Coomler. Howard S. C. Oral argument Nov. 17, 1903. 4551. C, C, C. & St. Li. Railway Company vs. Reed. Marion S. C. Dismissed. 4735. Clark vs. Worrall. Clark C. C. Petition to advance granted. 4181. McCoy vs. McCoy. Decatur C. C. Oral argument ordered by the court and set for Nov. 6, 1903. Minutes. f)032. Valparaiso City Water Company vs. City of Valparaiso. Lake C. C. Transfer from Supreme Court. No. 20159. Appellant's petition to postpone petition to advance. 426. The Consumers' Gas Trust Company vs. Thaddeus M. Moore. Madison S. C. Appellant's brief (8.) 5004. Andrew J. Murdock vs. F., R. & N. Traction Company. Cass C. C. Appellant's additional authorities. Appellant's petition for oral argument. 4949. William M. Corault et al. vs. Nancy Sanders. Wells C. C. - Appellee's brief (8.) 4'J22. The Chicago, Indianapolis & Louisville Railway Company vs. Hal Woodward. Clinton C. C. Appellant's brief (S.) 4943. John B. Fillinger, administrator, vs. Hugh H. ConJey et al. Vermillion C. C. Appellant's brief (8.) New Cases. 5024. Thomas Featherngill vs. State ex rel. Everett Wright. Johnson C. C. Transferred from Supreme Court. No. 20104. 5003. Chicago & Erie Railroad Company vs. Henry Leroy Lain. Fulton C. C. Transferred from Supreme Court. No. 20132. 5002. Valparaiso City Water Company vs. City of Valparaiso. Lake C. C. Transferred from Supreme Court. No. 20159. Appellant's petition to postpone petition to advance. Peculiar Sentence. Chicago Journal. Mrs. Mary Stein, convicted of beim a shoplifter, was sentenced to-day by Judge Clifford to a life of exile in Germany. Tho curious punishnfent Imposed by the court wns prompted by the fact that Mrs. Stein is In bad health. Her husband pleaded with the Judge, declaring that his wife would die If subjected to a year In the house of correction, as the judge proposed. Mr. Stein exhibited transportation to Europe and declared that if his Honor would be merciful Mrs. Stln would leave the United States immediately and never return. . The judge granted the request, giving the woman until Wednesday to start for New York, so that she can sail Saturday for Germany. .Assistant 'State's .Attorney Crowe, who prosecuted the case, agreed with the court In the sentence. G. A. It. Man Thrown from Horse. DAYTON, O., Oct. 27. Henry Kissinger, fifty-nine years old, a well-known G. A. R. man, was killed by being thrown from his horse in the G. A. R. parade here this afternoon. He died soon after. The horse fell on him, probably causing his death. Have you seen Mrs. Austin's New press?

DANfiER SIGNALS IN SPAIN

IXDICATIOXS THAT REVOLUTION MAY SOOX BE EXPECTED. llIione Has Ronsed Hostile Feeling Anions Povrcrfnl People, nnd the Outlook Is Had for Royalty. Madrid Letter in Brooklyn Eagle. The young King Alphonse has not been on his throne two years; not long enough to make his place as the ruler of the tur bulent Spanish people either stable or generally popular. He Is liked by his people because of his boyish desire to promote the welfare of the lower classes, in whose sad state, both moral and financial, he takes a deep and abiding: interest. He is disliked by a certain element, powerful, unscruplous, scheming, which has for generations fattened upon the superstitions of the Spanish people. The King openly declares his hostility to shams and the endless efforts at hoodwinking his poor subjects. He has made enemies of great bishops by his straightforward declarations that, while he is in favor of religious fervor, he abhors religious shams, and he has not been slow in exposing those humbugs about saintly gewgaws which litter Spain almost ankle deep from end to end. Only In August of last year the young King paid a visit to Ovldeo Cathedral and was duly shown the relics and jewels. Among these latter was the "Crossjof the Angels." "Why is It so-called 7" Inquired the young King. "Because," replied the bishop of the diocese, "it Is said that the angels made it to reward King Alfonso the Chaste." "Well," insisted the young monarch, "what ground is there for thinking so?" "Senor," replied the prelate, "none whatever. The time for superstition Is passing away." Shortly afterward the bishop showed the King a diminutive closed casket of ancient workmanship. "There Is," he said, "a superstition that whoever opens it shall die a sudden death." "I would not mind opening it' 6aid the King. "Nor I," replied the bishop, "but I have never done so for the simple reason that I have had no key." By the very act of his attempt at smashing these superstitions the King has encountered hostile feeling among a class of his people who have for generations been the most powerful of his subjects, and It will be interesting to know how his Majesty will be able to weather the storm that is undoubtedly brewing. A SERIOUS SITUATION. The present social and political situation in Spain Is such a3 to cause serious trepidation In royalist circles. On every hand there are signs of the grave discontent of the people, oppressed by burdensome taxation, of the unsettled state of the labor mar ket, and of the general dissatisfaction of the army and navy with the niggardly government of the premier, Senor Villaverde, which naturally reflects upon the stability of the crown. From one end of the land to the other there are unmistakable signs of the seething turmoil, which Is suppressed under the cloak of indifference, but even to tne casual observer. Spain Is as ready today for revolt as she was In the dark days of 1S68, prior to the revolution. During the past six months strikes and disturbances have been of almost daily occurrence throughout the peninsula, and at election times the people have openly delied the authorities. Hand-to-hand fighting has taken place in Madrid, Cadiz, Infiesto, in the province of Oviedo, Barcelona and many other towns. "While the last elections were taking place the voters In one constituency imagined that the Ministerialists were being favored at the expense of the Democratic candidates, and they stormed the town hall. The gendarmes opened fire on the crowd and used some eight hundred rounds of ammunition In quelling the electors, with the result that ten persons were killed outright, including two women, and numbers of others were severely wounded. After this occurrence 10,000 workmen paraded the streets of Madrid, carrying the inevitable red flags. Later on there was 1 a students' riot in the capital, the working classes taking the side of the students and demonstrating in the streets, singing revolutionary songs and crying "Down with the government!" The police charged the crowd and used their Remingtons freely, killing three of the rioters and wounding fifty, their own losses amounting to ten men wourtded, one fatally. The election proved the strength of the Republicans, that party capturing many seats which were generally thought to be strongholds of the government. Even in Madrid, which may be considered the center of officialdom the Republicans polled a total of nearly 28.u00 votes against the Monarchists 15,000. while in Barcelona, Valencia, Saragossa, Badajoz, Granada, Corunna, Logrono and Palma they also scored heavily. In Barcelona It is not long since the police discovered a number of rifles and 6,000 rounds of ammunition, said to belong to the Carlist agitators, while more arms are known to be hidden away in the neighborhood. A rising was said to be imminent and the discontent even went so far as the cutting of the telegraph wires, but the rest of the programme was not carried out, owing to the vigilance of the authorities In locating the arms and ammunition. More recently the number of strikes that have taken place In various towns is sufficient Indication of the dissatisfaction of the masses with the condition that at present prevails. During the present month no less than three attempts have been made to bring about a general strike of the workers in Madrid. There has Just appeared in the capital a oany paper, Tierra y Libertad (Land and Liberty), an organ of the Anarchists, which is Justly claimed by its promoters to be the only journal or Its kind In the world. It is a significant sign of the times that such a paper can make its appearance under the very shadow or the palace, its daily editorials teem with provocation and insult to the authorities compared with which Admit al Topete's proclamation In the Bay of Cadiz against the bad government of Isabella II was mild and unassuming. DISCONTENT IN ARMY AND NAVY. Perhaps the most serious phase of the situation which the government will sooner or later be called upon to face is the openly expressed discontent of the army and navy at the treatment meted out to them. The premier's one watchword is retrenchment. and he remains absolutely blind to the many broad hints given by the military party who, since their field of operations in the colonies is closed, owing to the victory of the United States over the arms of Spain, demand the expenditure of more money on the navy, an increase in the garrisons in Africa, the Canaries and the Balearic islands and a betterment of the conditions of the soldier's life generally. The gravity of the situation may be Judged from the fact that even the most conservative newspapers devote as much as seven columns daily to the labor question: while the military organs publish fiery leading articles demanding justice for the army, articles which not infrequently contain veiled threats against the professional politicians who stand in the way of the desired reforms. Certain it is that before long the present government will be bound to obey the popular behest. Already rumor has it that the redoubtable General Weyler, who Is regarded as a sort of Washington, has received a hint from high quarters to bo ready to form a liberal Ministry before the year is out. in which case it is pretty certain that Senor Canalejas would be included in the Cabinet as the nominee of the men of progress. The present government Is now making the mistake of attacking the Republicans unnecessarily. Meetings are prohibited and the party harassed to such an extent that a project Is on foot for joining forces with their hereditary enemies, the Socialists, a move which would materially strengthen the position of both parties. Spain is a land of surprises, and It would tax the Ingenuity of the keenest politician to forecast the events here for any appreciable period. Just as the revolution of 1S6S broke like a bombshell on Europe at a time when statesmen had begun to despair of ber emancipation and as the 'pacific restoration of Alfonso XII came wholly unexpectedly, so to-day we may be on the eve of great events wiiich will eclipse anything of the past century. It Is true that the prospects of the young King have been bright and that the reKkUicv oi 14a mother was devoid of serious

movement against the throne; but the I Spaniard Is still Imbued 'With a spirit of chivalry. He does not make war on the I woman and the child, but to accept the rule of the youthful monarch under present conditions without protest is another mat

ter. There can be no doubt that, wnetner under monarchy or republic, there is urgent need of legislation to lighten the burdens of the people, to give an Impetus to industry and commerce and to place the finances of the country on a sounder basis. There is a great deal of corruption in i official circles. lublic attention was espec ially directed to this corruption by the ; disclosures In the course of the Investigation into the terrible railway disaster last June In which one hundred and ten persons were killed and one hundred and forty Injured. Every politician of note Is said to be financially dependent vjon the railways or other corporations. Even Cabinet officers hold sinecures In corporations. Knowledge of this condition of affairs does not add to public tranquillity. Another cause of interest in Madrid is the crowded and unsanitary condition of the capital. A population of D27.000 persons la housed in 17.000 dwellings, or an average of thirty-one persons to a house. The result of this is a death rate of thirtythree per thousand, the highest death rate of any capital in Europe. At the present time the industrial north is crying out for separation from the more easy-going south, and if the federal republicans followed the advice of their late leader, Don Francesco Pi y Margall. Spain would be split up Into cantons, each of which would rule Itself. But the experiment is hardly likely to be tried. The nation that ruled an empire on whose domination the sun never set will never willingly consent to be apportioned in order to comply with a utilitarian propaganda. When the strong man arises who will raise the country to more prosperous times, he will first have to strike at the root of the evil that cripples the country. He will have to reduce the enormous emoluments paid to king and court, strangle the superstition of the peasants, do away with th 64.000 odd pensions which are paid annually, many to wealthy people, who'j have no need of them; lessen the burden j of the poor and see that education takes its proper place in the social economy. Such a man is at present unknown in Spain. The young King will never do it. There is nothing in his antecedents to give ground for the belief that he will ever be anything but an ordinary king. He has the blood of the Hapsburg in his veins; but then, too, he is a close relation of ex-Queen Isabella! PEARY SELECTS A ROUTE. Will Make Another Attempt to Bench the Mysterious North Pole. Springfield Republican. . Commander R. E. Peary, United States navy, the arctic explorer, in an address at Washington Saturday night before the National Geographic Society, of that city, discussed nlans for his next expedition to the north pole. He said that the possible routes to the north pole have dwindled to three, and In his own personal opinion to only two. He advocated the Smith sound, .or "American route;" that is, along the west coast of Greenland to the north of Kennedy sound, thence to a still higher latitude than that reached by the Alert off Grant land. The other two routes were the 'drift method adopted by Nansen and the so-called Frans Josef land route. Regarding the former Mr. Peary said that for four or five years, at least, ship and people must be but a helpless bit of flotsam, entirely at the mercy of the Ice In which they are drifting, and practically, unable to control their own fortunes or contribute by their efforts to success. "Presurnably." he said, "Nansen and Sverdrup are advocates of this route, yet neither has, to my knowledge, expressed a desire to repeat the experience of the Fram's voyage. Rernier Is renorted as contemplating a repe tition of the voyage. Abruzzi's is the only expedition by the Franz Josef route that has pushed beyond the nortnern umit or ine Franz Josef archipelago. He, however, uncompromisingly advocates the Smith sound route." In disagreeing with the opinion of the president of the Royal Geographical Society of London after Nansen's voyage, "that we have. practically reached the north pole and know all that is necessary, to know about it," Commander Peary said: "Two hundred and sixty miles from the pole is a long way from the actual attainment or ine pole, and to assert that the secret of the pole has been penetrated and the veil lifted at that range and the economics of the polar basis have been revealed when 3,000,000 square miles of it have not been trodden by human foot or seen by human eye is an enthusiastic view." Commander Peary said the attainment of the south pole is only a matter of time and patience; that the work can be carried on any season, and every mile of advance can be permanently secured, while the attainment of the north pole means to refine and perfect one's equipment, supplies and party so as to cover 500 miles each way without caches and without support from the country, and to cover this distance in the time limit of three, or, at most, three and one-half months. Commander Peary pleaded for immediate financing of the . expedition from private sources. He urged that an expedition which, in his opinion. In all probability would secure the pole can be fitted out for two years at a cost -of tlSO.OOO. the only expensive item being a powerful ship to push him to the northern shore of Grant land. GET DRUNK ON COLOGNE. Indians of Northwestern Canada Fond of Toilet Preparations. Ottawa (Can.) Letter In New York Sun. J2au de cologne and other toilet preparations are doing a great deal of harm among the Indians of Peace River district In northwestern Canada, according to a member of the Canadian Geological Survey who has just returned from a visit to that region. The harm comes from the fact that the Indians drink them. Cologne and various other concoctions known as Florida water, essence of ginger and essence of peppermint are prepared especially for internal use by traders, who are not permitted to sell whisky to the Indians. The stuff is In reality . nlae-tenths pure alcohol. J. M. Macounof the Canadian Survey, says that the traffic In alcohol thus disguised has become such a serious matter that the missionaries have become discouraged and the business of the Hudson Bay Company promises to be embarrassed. The Indians have learned that the sweetsmelling things are to drink and are not to be wasted as exterior ornaments. If one were to consult the Dominion records of Importations, one would suppose that the Indian half-breeds of the Northwest had suddenly developed a remarkable fondness for cleanliness, for the customs reports show an unusual increase in the quantity of toilet waters imported. Most of these preparations come from the United States. According to Mr. Macoun, the effects of drinking these preparations are very se rious. The cologne is especially Injurious, as it has shown a tendency to affect the eyesight of Indians drinking it continu ously. An Indian who has drunk a pint bottle of cologne contracts a Jag which would put a continuous round or ten Manhattan cock tails to shame. The prevailing tint of everything, according to a few Intelligent half-breeds who had used cologne, was a beautiful green of varying shades. Mr. Macoun also asserts that he took one drink of cologne Just to see what sort of stuff the Indians were drinking, and found it so sweet and nauseating and at the same time so burning hot, that he was glad to end his experiments. The essence of peppermint water, if taken In moderate quantities, and the essence of ginger, he thought, miKht be beneficial to persons exposed to the rigor of the northern climates, but it would be far better to secure unadulterated essences prepared at a chemist's rather than to drink the stuff prepared for the Indians and half-breeds. "AT II03IE" IN A HOTEL. Devices Some Women Use to 3Iake Their Rooms Attractive. Boston Transcript. Miss Jessie Bartlett Davis, the contralto with the Francis Wilron Opera Company. Is distinctly a woman of domestic tastes, and one of her fads is stamping her life oa the road with a home flavor. When asked how she accomplished the trick, Miss Davis explained thus: "I simply sacrifice a fancy waist or two or a frock or so on the altar of household decoration. In other words, I reserve a certain tray In my hotel trunk for dainty little furnishings for my room. No matter how beautiful a bedroom Is furnished In a high-priced hotel, it lacks individuality, and every successful actress is more or less an individualist. "The days when an actress abused her hotel privileges and kept an untidy room are past. Now the up-to-date woman of the stage is as particular about her apartments as tho society dame who travels with her retinue of servants. The actress of any standing whatever has her maid; but ail of us do not trust the adornment- of our room to a servant. "The most Important thing to consider when buying furnishings for a road trip is the tumbling and shaking one's trunks get. Select articles that will not break easily and avoid china above all things. Leave your china pin tray and your hand-painted hair

The American Gentleman's Whiskey

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4üi '- Sold at all flrt-c1M efet nd br Sobtors. WM. LAN AU AX & SU. baJtfenor, U4. receiver at home. Silver toilet articles are better, but these must be packed with care. A bureau scarf, table cover, cover for pillow and a low, flat work basket or box. all in the same. tint which the actress always has associated with her personality, will take up less room In a trunk than a silk waist and bring more comfort. Picture frames for photographs of one's most intimate friends should be of leather or embroidered linen. "A tip to the chambermaid should secure you a vase, and fresh flowers make any room cheerful and homelike. Every popular artist receives flowers on the first night and during the week; but these are often In set pieces, and a few loose flowers in a graceful vase,appeal more strongly to the 'homey woman. "The Inexperienced traveler often errs through a dread of asking for what rightfully goes with her bed and board. For Instance, most of the first-class hotels now supply the room closets with coat and suit hangers. There are double hangers for skirt and waist which assist materially la keeping your gowns fresh and smooth. Ask for these things, and Insist on having them. "Actresses are often called conceited and self-centered because they hang their own pictures and photograpns ana posters on the walls of their hotel bedrooms. This is business. A commercial traveler displays his wares, so must a stage woman. In this room she receives the men and women oi mf press who have much to do with making Yior -i l known in her rrof PHslorv. and they always enjoy seeing her collections of pho tographs. Then, too, she must nave pienty oi autographed pictures to give away. Th1 little arrav of suczcstions docs not necessarily appeal to women of our profes sion alone. I know or a successrui iraveunt. man who takes his wife on every trip when she will consent to accompany him, simply because of her iacuity or ma King a. iwu room su'te look like brtme. Women of nomadic tendencies who spend a large share of their Income in traveling ior pieasurr. Viav-A hit fnmltv nt taklncr home into th hotel, and a very happy faculty it is, too." TEA AND COFFEE DRCXKENXESS. Theory Thnt These BeveraireB Hare Connection -with re of Alcohol. American Medicine. In the annual report of the Children's Aid Society of New York is published a tabnifltori Ust of the conditions of families whose children attend the Industrial schools of the society. The number of families whose condition was investigated was ana the family income of 661 was less than U per week; of 1.263, from J4 to J7; of l.23. from V to J10. In all. the breakfast was bread and coffee only; the supper, bread and tea, with some cheese, macaroni or fruit. Thus with all the terrible poverty the article of diet that does not fail twice a day is the coffee or tea. Probably also In the dinner list of many these drinks were Included. 8urely from the workman's dinner bucket the pint or more of coffee is never omitted. But the point needing emphasis Is that In the report referred to it Is children who from earliest yearB are drinking tea and coffee. What proportion of the income of these poor families thus goes to the purchase of thecs drinks is a highly important concern, but Is not directly medical. Whatever one may think as to the physiologic action of caffeln it is agreed that it Is not "a food." and that the amount of money thus wasted by the poor could and should be spent in buying real health-bringing and . strength-giving foods. This economic aspect of the question also becomes doubly important both as a medical and financial matier when one finds these articles on the dietaries of all our public institutions. Should so much of the public money be spent on articles of drink, nonfoods? And the custom has many bearings on health. The more coffee and tea drank the more tobacco Is used. The national consumption of coffee and tea, moreover, rises almost accurately pari passu with the amount of alcohol used. Is It not true, as a rule, that Intemperance in the one coexists with Intemperance in the other? Is not the temperance problem closely bouud up with thise of the use of coffer, tea and alcohol? If so, and even if not so. coffee and tea are unnecessary and peculiarly harmful to children. Rellfclous Counterfeiter. Boston Advertiser. Of the clergymen who gave their opinions about Dowie Rev. A. C. DIxtm, of Boston, said: "I think Dowie is the greatest religious counterfeiter in the living world. "In feet, his pretensions are simply a blind. -He Is a man that's Insane about his own greatness. Some men, you know, think they are Napoleon Bonaparte, and some think they are Moses. Dowie thinks he Is Elijah. Ho compares himself with Elijah being led by the ravens and rakes in the money. His bouse is a palace and he goes about like a nabob. He Is a ludicrous contrast with the true Elijah. "Dowie pretends to have the humble, faithful spirit of Jesus, and he Is grasping after more money all the time. "I think he is dreadfully earnest In accomplishing his purposes. Just how sincere his purposes are Is another matter. "His opposition to whisky and tobacco and to religious organizations has given him a hold on many people. nnn-ia nhrtiit him all the soreheads of the Christian Church. Some of them are f,ood people, too. . "I heard him preach in Chicago and think he preached the truth in the spirit of the devil. I never heard such vituperation. "Do you know there are thirty-four people In the world to-day who claim to be reincarnations of Jesus Christ. Dowie may end up with that before long. "Dowie may do good, but I think he doea much more harm than good." Parks Robbing Ills tnlon. R. S. Barker, in November McCIure's. And this man, elected to carry out the instructions of his union, actually reversed the process and bossed the union. His four thousand ironworkers obeytd like children. He called strikes when and where he pleased, often dilgnlng to give the men no reason why they were called out: he spent the money" of the union lavishly and made no accouting. Once, when an overbold member ventured to Inquire In open meeting what had le-come of a ceitaiu sum cf money. Parks replied by hurling a table at him. Several others who opposed hlra were "beaten up" in near-by saloons. Others mysteriously lost their Jobs. When a ma a disagreed with him. be "gave him a H.:t on the Jaw," as he has said, "and that cleared his mind." Of f -W.fcu received la fe-s and dues by the union in l'. l, over SH.OuO disappeared without detailed aemuntius, mostly under Parks's direction. Of VZ,wo received In li2. some JuO.000 was spent practically without accounting. What these s;reat sums went for (strikes. Parks said, vaguely), no one but Parks really knew, and he wouldn't tell. Every member of the union knew the exact character of Parks, that he was a "grafter" and yet he could not be displaced. Even after being arrested for blackmail, he was re-elected by hii union; when he went to State's Prison his salary as walking delegate was continued, and when he was released under court orders, he marched at the head of the Labor dar parade, cheered by his followers,