Indianapolis News, Indianapolis, Marion County, 31 March 1893 — Page 1

II"

to The TntilfiBftooIl* D. C„ Mercb 8t.~Hoosier iota th© diplomatic and consular at preecnt. It has been an* . , tha‘ Indiana will have four foreign missions, and not to exceed «ve foreign consulships. According to this apportion ment there are still three for- — due the State. The active Will E. English, who wants and Montgomery HamBelgium to Speculation as to does not leave J. G. he ii understood to preooasulship and has most re- --' --w Mi«»ed of, for the Mississippi river commission succeed Judge Taylor, of Ft. Wnyne, a “airs naay shape themselves that . will render his appointment to a good foreign miesion moat feasible. It has been suggested that Mr. SbaaV.in would make a good suceesaor to Editor “GH” Pierce, who wan sent to Portugal just before the close of the Harrison administration. However, the demand on Mr. ShankU* just now seems to be to go as a member of the Mississippi river commission. Candidates for Consnlships. Indiana has more than seventy candidates for consulships. Her quota is said to be five —^ne of whom is already settled. Two candidates are on the ground and will remain this ' week- and perhaps longer Jerome Herff, of Peru, who is looking in the direction of Havana, Cuba, and P. F. Glaiebrook, of Starke, whose ambition-tends a few leagues further to the southward and tssts on Buenos Ayres. There seem* to be some doubt as to whether ovnot Mr. Herff will get Havana, as that consulship 1* »o desirable that it has called t>u# - lively competition from all parts of the country. If he fails to land on the island it will not te for lack of Indiana encouragement and indorsements. He has the united State delegation and nearly ever influential Democrat within the Hoosier borders. The support that ha* rallied to Mr. Herd's cause is not purely perfunctory. There seems to be a strong desire, because of bis active connection with Indiana politics, among the Hoosier leaders for Mr. Herd's political promotion. If he does not go to Havana it is averred that he will land one of the oth“r choice consulship* that arc yet dangling over IttdiMMk P. F. Glare brook lacks none of the staying qualities that are said to be essential to political success. He i? bringing every influence possible to bear on the White House. - Mr. Patton’s Defeat. The appointmept of ex Congressman Stump as superintendent of immigration to succeed W. D. Owen, qf Logansport, has disposed of the candidacy of eg-Coagressman Patton, who, at one time, seemed a likely candidate, indorsed by both Kentucky and Indiana and it has added also to the prevailing discontent among northern Indiana Democrats over the scant recognition given that part of the State up to date. Itis not known here whether or not Dr. Patton will transfer hit ami. Lions to some other equally desirable position, or be content to remain a plain citirun of Remington. Colonel Zollinger Not Discournged. Colonel Zollinger, of Ft, Wayne, ex-pension agent for Indiana, who dropped cut of the race for bis old place, close upon the heels of the promulgation of the quarantine against the ex-office-hpldew, is here again. It js rumored that he may enter the race for revenue collector against Wm. Bracken, of Franklin county. The opposition to Bracken is beating the bashes for a man, and has offered its support to a nqmber of gentlemen who declined. The Ft. Wayne PostoJHce. The Ft. Wayne. postofRce, the third largest in the State of Indiana, is now the subject of lively competition. The candidates are W. W’. Rockhill of the Ft. Wayne Journal, who was hero recently, M. V. B. Spencer, William Mayors, and Professor Ungemach. The latter represents a strong German Lutheran sentiment that has become a permanent political factor of Ft. Wayne. The salary of th© oft c.i is ♦3,600. Two Polllicni Emissaries. S. P. Bbeeri* and “Jim” Murdock left the city last night for New York. Both came East ostensibly to promote the Indiana gas business, but some of the faithful insist that their roys>u* visit here had t a do with political afTheir departure ha? lifted a veil of mysff the Indiana political situation.

MANY NEW' P OtiT M A ST E IIS.

To-

Thirty-Six Appointed For Indiana I»nyr-Mr. Maxwell’s Ax. /[Special to The Indianapolis News,] iBiabTON, D. C„ March 81. -Fourth Assist»t Postmaster-General Maxwell to-day appointed 139 fourth-class postmasters, which In volved fifty-nine removaL. The largest number of appointments was made in Indiana, where there were thirty-six. involving eighteen removals. In Missouri there were sixteen appointments and seven removals; in Tennessee twenty appointments and seven removals; in

poinnnents, signed. ■

., .,u„ ... *•, ™- . *«eight spall the incumbents having re-

Tbs Indiana postmasters appointed torday as totlour: BrooKiburg, Jetfersan county, lootl ’ PFrthai'ir - gvyv»n fVvJi. IN' fUtkfh*

nett

county,

Hancock couniy

T. Reed; Bulkin, FoseVcouniy. J. F. Hindi; Burnett, Vi£0 opunty^Z. Doty ^Ciu.b, Sullivan

Hrandcuberg; Clay-

Johnson;

fk-

Wells county, K. L. MeFaddcn: Domestic, .Welln county, J, W. Vam r dd; Eden, Hancock county. J. H. Trueulood; Elnpra, Daviess county, J. ~F. Danner; Ferdinand, Dubois county, T. Gohman: Fontana, Vigo county. B. G. Gallagher: Hiilham, Dubois county, w. A. Line; Hillsborough, Fountain county, H.J Davidson; Hobbieville, Greene county, T. Bogard; Hymera, Sullivan County, Dora Beckett; Kirkpatrick, Montgomery county, J. W. Kirkpatrick; Lapland. Montgomery county, G. W. James; -Don*. Parke county. Mrs. A. E. White; Mernum, Nobi*county, J. Addis; Milligan, Par*:© county, E. Brunson; Mohawk, Hancock couniy, A. F. Wilson j New Goaheu. Vigo county, W.l ItanseRi New Richmond, Montgamery county, J, W. Cradle; Newport, Vermillion county. P. H. Munson; Patoka, Gibson county, I.. F Riley; I’eodlcton, Madison Bounty, C. II. Cook: Perth, Clay county, N. H. Vegoo; Philadelphia, Hancock county, J. ■Garner; Il-asantvillc. Bullivan county, A. Gdmore: Htinesvllle, Monroe county, O. 8. McC. East? a; Taylorsville, Rartnolomew county, ff, W. Cook; Wallace, Fountain county, Mrs. B. Bnsshnm; West Shoals, Martin county, H. McCarty. VOOUHKKS DEFENDS RISI.EY. A Denial of tbe Clir.rgos Mode Against the Minister to Denmark. WasmnoTost, March 8b—Senator Voorhees yesterday scnt.tbc following dispatch to his ar t to the Golden Ci ole i-t M nister John E. Ris.ey; ^ tTerre Hsute. Ind.: The statement that I ever connected Mr. s with tbe [apers seized in my by General Carrington, in ie> Risley was married and t in October, 18J3. Heviiy*i the spring of ItAS and has so at least onec a year f to the pres nt. Dur1 tw nty-oight years wees, at a time paitso the S ate , nd iu the conBloomiugU n & J*, Decatur & sver received a owed anybody

io« spoken id in th©

Is a

s ty o*f

&& the

any

of. *«* papers, wrctche

“•to state that the record of that trial shows that said orders or irgantxatiom came into P^^olnence in Indiana during the winter of laej and IBM, which was after Risley married •nd went to New York in October, 1*3, and that neither Rbdey'a name nor anything pointing to him as a member of either ot these organ.nations was discovered In the proceedings of that vigilant military court. The trial was published in book form, and the name of every member was ascertained. sworn to and preserved. The record, therefore, absolutely exclud, s the possibility that Risiey was a member, or that he could have been a commissioner of the order or order*. with funds to buy arm*, or forsny other pufpose. Colonel McLean also well remembers Risley’s repeated visits to Terre Haute

ir, until hi

wqrd of the charge in regard to the money in question. D. W. VoonHB&s. MAJOR HALFORD’S PERQUISITES. He and Htwnley Brown Are Getting Lib*,

eral Allowances For Expenses.

* [HpecUl to The Indianapolis News.) WssMmbroK, D. e., March 31.—Secretaries Gresham and CariWf have pnt their heads together as to certain “allowances” which, it is alleged, were made by General Foster, whi Secretary of State, to Major Elijah w. !ialtord and other officials now serving with the Bering sea commission in Paris. It is said that the Secretaries are much exercised over the finding .hat Major Halford is drawing fir* a day irom the State Department, over and above his salary as an officer of the army. It. is pointed out that $19 a day extra is more than the pay of a Senator, as the latter get only fit a day. It is also stated that Messrs. Gresham and Carlisle have located extras on all of the staff of the Bering sea commission. One instance given is that of J. Stanley- Brown, who married a daughter of the late President Garfield. Mr. Brown is said to be receiving <15 a day from the State Department as a member of the staff of the Bering sea commission. But he is also said to be on the pay-rolls of the Treasury Department at flO a day, as a treasury agent to investigate seal life. It has been reckoned that his aggregate pay will ex-

ceed that of a Cabinet officer.

Messrs. Carlisle and Gresham arc said to be so wrbught up that they may either recall some Of the members of the Bering sea staff or make wholesale reduction of the per-

quisites, ' • ■ -

FRANK BURKE’S ASSISTANT. H© Has Decldoit to Appoint Edwin Corr,

of Bloomington.

I Special to The Indianapolis News]

Washikoton, D. C„ March 31.—District Attorney Frank Burke stated to-day that his assistant would be Edwin Corr, of Bloomington Mr. Corr comes from Congressman Cooper’s district. His appointment is explained by Mr. Burke as being made chiefly on the ground that he is well qualified, and that the Fifth district is entitled to recognition. Mr. Corr is a graduate of the law and literary department of Bloomington University. He was the law partner of Judge Miers be.ore the latter went on the bench, and was since associated with Senator Fulk. He has held the offices of trnsiee ot the State University and county attorney. He is said

to be a fine lawyer.

THE CONSPIRACY CASES!

. , - ■ DIANAPOLIS NE

mm.

fm iff# , *' ,

FRIDAY EVENING, MARCH 31, 1893.

FOURTH EDITION-

Mr. Burke arrived last night, saw the Indiana delegation, and then called at the department of justice and familiarized himself wi.h certain details of his oflke. He returned to Jeffersonville this aiternoon to be on hand to attend court which opens at Evansville Mon-

day. '

CoiapHmeiitnry to “Don” Macnuley.

[special to The Indianapolis News.)

Washington. D. C., March SI.—Secretary Carlisle paid a high compliment to Gen. Dan Macauley to-day by requesting him to remain in the department for a month yet as/a general utility man. Yesterday General Srakauley retired from the office of appointment clerk of the Treasury. This morning, at the request qf Secretary Carlisle, he assume! temporarily the duties of chief clerk to the superintendent of immigration and will rea ly have charge of the entire work of the office, while ex-Con-greesman Stump, the new superintendent,

piepares himself toftake charge. Secretary Morton’s Plan.

Wa«uh:t<jtom, D. C., March 81.—Secretary Morton, of the Department of Agriculture, has devised a plan to test the fitness of applicant* or position* in the department that are now governed by civil-service rules. Each aspirant, in filing his application, will be required to answer certain questions aa to moral and physical fitness, and also questions bear-

wUI < ” '8"

deten

to attain

paitment. State Agriciiltnral Agent*. WASRmr.TON,D.C., March 81.—Secretary Morton has appointed five State agents in the Department of Agriculture, to take effect April 1. They are; Frank A. Dilalush, of Illinois (vice S. D. Pisher, removed); A. 8. Mercer, of Wyoming (vice E. A. Slack, removed); G. L. Fryer, of Tennessee 'vice T. H. Reeves, removed); L. M, Pay, of Wisconsin (vice H, C. Adams, removed!, dnd Nathan Pratt, of Delaware (vice Daniel B Stewart, removed.) Commissioner of Internnl Revenue, [Special,to The Indianapolis News] Washington, D. 0, March 31.—Joseph 8. Miller, of West Virginia, ex-commissioner of internal revenue, Will be appointed to his old position, according to an excellent authority of the Treasury Department. His case will be another exception to the rule against "exes.” Mr. Miller is a brother of G. F. Miller, deputy county treasurer at Indianapolis. Capital' Notes. The Senate yesterday speedily confirmed the nomination of Thomas F. Bayard as ambassador to Great Britain.

enable the Secretary to more accurately •mine the qualifications of applicants, and Vain a high standard of woik in the de-

mail

at a salary

Secretary Carlisle to-day appointed 8. Games his private secretary, chiet of the t divisit n and Treasury Department at a sal

of $2,600, vice Nicholas resigned.

Henry Phelps, of Mawachusetts, property clerk in the Deoartment of Agriculture, has tendered his resignation, to take effect upon

the appointment of hi* successpr.

Miss Lofs Buskirk has been recommended by Congressman Bretz for postmaster ofPaoli, Ind. She is the daughter of Tom Buskirk and a talented young lady of twenty. All the candidates have withdrawn in her lavor. Dr. Pi tier, of Tipton, Mr. Beck, merchant, of Connersville, and Judge E. A. Ely, of Petersburg, arrived yesterday. Ely wants a territorial judgeship. Pitzer wants an Indian agency, and Beck is here in the interest'of

some one tor the poatofflee at his place.

Mr. Bynum has made the following recommeudat ons tor postmasters: Alfonte, Samuel Denton; Csr o.Uon. Asa Hutton; New Palestine, 8 .phia Mitchell; New Augusta, George Avery. Avery was appointed yesterday. The President told a recent caller that'he had information which led him to believe that the force of clerks in the Pension Office could be reduced abont four hundred or five hundred to the benefit of the Government, not only in economy, but In the more rapid dispo-

upon duty to-morrow. The appointment was secured through Congresaman Bynum. He takes th? place of C. P. Wilihite, of Cruwfords.ville, wno held the Place under Harrison, and which was filled by Captain H llitross, of Mancie, under Cleveland’s first administration. TO-DAY’S BUIFF NEWS.

Col.’R. G, Ingersoll is ill iu New York. W. C, Whitney denies that he intends to withdraw from business. William P. Brooks & Co., dealers in ftimiture at Boston, have failed with liabilities of fl 0.008. Governor Altgeld, of Illinola, is accused of prostituting the militia of the State to political purposes. The Campbell glass and paint works burned at Kansas City. Foreman Joseph Scanlon was badly hurt. Loss, ♦100,000; in-

sured.

The stockholders of the Edison Electric Lum natiog Com.jmy at New York voted to increase the capital stock of ♦6,500,000 to $10,-

000,000.

Torday one thousand carpenters in Wheeling, Martin's Ferry and Bellaire will quit work on a demand for a 30 per cent, advance in wages. e Miss Alice B. Goodley, of Philadelphia, has begun suit for $50,003 ior breach of promise against Samnel L. Clayton, who married MUs Partridge, daughter of the Chicago grain operator. v '• #- 'tfv!**

The officit Company j in a hot and

te Star Steamship the roes Rage found

View, Va., t of the

Star steamship

’ A fig , & . mm

THE DEFENSE MAKING A V-RUSH WITH THEIR EVIDENCE.

Expert Testimony Showing- That the Holes In Profenaor Kudolph’a Garments Were Not Made By Gan Shota, Etc.

[Special to The Indianapolis New*.) Latavette, March 81.—It would not be proper to speak flippantly of a trial wherein a man' is charged with assault with intent to commit a murder, bat if it were, it could be said that the defense in the Murphy case are making a V rush in their evidence, with the hope of an early touch-down and kicking goal. Whether this hope is to be realized remains to be seen. No tim? is being Wasted. The. attorneys are weary but earnest, and the Court is desirous of expediting matters os rapidly as can possibly be done without jeopardizing the rights of th© defendant or cutting down the right* of thff Commonwealth. PaBSBNCK OP DEPENDANT ADMITTED. The defense, as ha* already teen stated in these dispatches, admit the presence ot the defendant in the opera-house, but they claim that he was there as a peaceable, law-abiding citizen, called there from idle curiosity, and not from any motive to commit a crime or do a wrong. Already several witnesses for the defense have testified to the presence of Murphy in the house. As yet there has been no break in their evidence as to the seat he occupied. Every one of the witnesses for the defense, so far as they have testified as to the seat occupied by Murphy, have placed him in. the same seat (No. 68, section E.) On the other hand the witnesses for the State located Murphy in seat No. 80, in section E. In the operahouse, the last seat on the west side of the rear row of Section E is No. 60. According to the State’s testimony, Murphy was in the last row, and occupied the end seat to the west of the house. Murphy’s witnesses have all placed him at the end of the row, on the west side, as did the State, but they put him one row of scats nearer the .«tage thap did the State’s own witnesses. In other words, seat CO is also the end of the row, and is directly in the rear of No. 59; so there is not much difference in that part of the evidence. The State’s witness, Mr. Jamison, swore that in order for Murphy to get on the end seat, ft was ueces.-ary for himself (Jamison! and two or three others to move along in the row and fill up an unoccupied seat, thus leaving Murphy ah the eud, or in 60. BUSH OP MURFHT TO GET OUT. James Sharp, for the defense, says there was a change of seats, he removing his overcoat from the unoccupied scat in order to permit Murphy to sit down; but Mr. Sharp did not see Clarence Jamisou at all—Mr. Jamison being the man who sat next to Murphy. Sharp did not see Murphy after he sat down. Harry C. Smith, Jr., saw Murphy iu seat No. 53; saw him prior to that time at the heater at the side of the house. When the shooting began the audience started for the door, and Smith (who is about eighteen) • testified that in the crowd pushing and crushing for the door he saw Murphy, aud that Murphy was out of the house before the shooting was oveh Janies Schooler saw Murphy in seat No. 59. He heard the noise on tbe stage or near it; saw the boy rush off from the stage down into the audience; heard two pistol shots, and then there was a mad rush for the door. Among the rushers was Mr. Mur, by. Witness was asked how it came that in ail tne crowd the only one he could remember who was 8cnmiblin;Flp r oa td° ors was the defendant; his answer was that during the ruah some one had pushed him iSchooler) over a seat or off of the platform on which he was standing, *'* • ’ * - I——•— — and

after Murphy passed him (witness) tm

way toward the main tntram

way

heard all the flash in sec

ptstpl Mon F.

his

entrance, he

report, and saw This is the point where

Murphy, when

was

fore

he saw this flash. William Reiss, the man who went to tbe ooera-house wRh Murphy and Heinz, also saw Murphv in rhe wojpffttittT was rushing pell-mell, or tryingXUiget out of the nouse. There was shooSnqjyftor Murbutlding.

shots or so on the stage, and the crowd was elbowing nnd crowding th ret out; looking in the line. Lumley saw Murphy, witn the rest, eagerly hunting ior the outside of the house. CONTRADICTING FRANK MOORE. The de ense. by S. 8. Washburn and Dennis Sullivan, members of the Common Council committee, established the fact that witness Frank Moore, who swore positively to seeing Murphy shdot. had sworn before the Council investigation that he saw but on© person have a revolver in the house, and that person was Ppter Clark. The State claimed tnat Moore never testified to seeing a weapon. He only swore to seeing the flash and report, and seeing Murphy by the smoke. Defense claims that Moore swore that he did not see the pistol in Murphy’s hand. BULLETS TO THE FRONT. , The bullets found in the opera-house were brought to the front. Fred Erb, Jr., the professional shooter, Identified the bullets as being 38s. or possibly 32s, he was not certain, and finally said there were three 38s and one 32, and a.difference in makes. The linen shirt and woolen undershirt worn by Rudolph wore brought into court again, and Erb was requested, as au expert, to give his opinion, after examination, whether the holes in these garments were made by bullets. He emphatically declared that they were not. He testified that no bullet would make such a hole as was in the garments. Bullets, he salL' do not cut round holes: nor do they carry the cloth 1 away. They tear through the goods. His opinion was that the washing and ironing of the linen shirts would have a tendency to close up the holes. Holes in soft goods should close up some. The defense asked Erb if a bullet fired into a linen cloth

Might on hard wood. There would be no lead marks even on a stiffly starched bosom. The State questioned the witness very sharply as to his experience in shooting at good*, particularly at linen shirt-bosoms, but witness said he had had some experience of this kind, but he adhered to the belief that the holes in these shirts never were made by bullets. The witness thought if a bullet made these holes, it would

■* y of Rudolph, and

skin. If, hewjver,

have gone through the bod

notlo god just be

neath the the bullel

it would not

ion. Witness maintained tnat u a pei wearing a stiffly-starched shirt bosom that

so as not to have a lets would not

ifly-st

stood out from his person,

solid backing, that bullets would not go through the cloth. It would not penetrate the goods. In answer to Kumler, for defense, wit- — - —• he thought the bullet going with

jient to drive it through a vest and

pretty near

ness said

force sufficient to

two shirts would have gone through the body of the wearer. HOLE NOT MADE BY A BULLET. Dr. S. 8. Washburne, at one time army surgeon, testified that the hole in the linen shirt was never made by a bullet—‘'Not if I,have any knowledge of bullet holes,” toe Doctor added. As to the hole in the undershirt, the Doctor could not say; it did not look to him like a bullet hole, but he was not positive. The hole in the linen shirt, the Doctor thought, looked like it was torn by a blunt

instrument.

On cross-examination, the Doctor was shown one of the battered bullets picked up on the floor and asked if that looked like n blunt enough instrument to make a hole such as was in the shirt, but he adhered to the opinion that no bullet ever made the hole in the

from his opinion. During nis cross-examination it came out that the Doc'or was out practicing at shooting at linen on Wednesday. The Doctor differed irom ErP. He thought bullets had a tendency to cut the cloth cut and carry the piece away, or into the body. Onre-rtuejt expla nation the Doctor would not say that he thought a bullet going through three thicknesses of cloth would still go through the body. He thm g.it It would bury itSCrlf IU Knr! v THa twiIa htr th*. m«»»

to do it.

DEFENSE NEARING A CLOSE.

Much time was consumed in court this morning over the Request if the defense to place before the jury a copy of tbe Patriotic American, ot Detroit, containing Rudolph’s description of the riot. The State approved (ton and the Court fifiaKy reserved Patrick Egan, barkeeper for swore that Murphy leaped his

revolver several months ago to William Fitzgerald, and that there was no other weapon about the saloon. Fitzgerald swore he borrowed the revolver last Octolwr to kill a dog. He has the weapon yet. Mrs. Murphy, defendant’s wife, stated that there was no revolver about the house and had not been for several months. Several witness** were introduced, flatly contradicting the State’s testimony. Dr. Shill testified for the 8tat*. He saw his immg with Dehart, and not Murphy. The defense expect to finish to-day. AN OLD-TIME MINSTREL.

TO MARRY MISS AH FONG.

riTC REPORT CONCERNING tL COMMANDER WHITING.

The Career of “Jiid^e” R.ea, Once a Noted Performer.

ly Old Tar” Said To Be Ent° Marry a Highly AeeomHoaolnlu Girl of Chinese 1 and Kanaka

New York, March 31.—Mr. John Rea is celebrating the seventieth anniversary of his birth at the Rea homestead, on the old Goffic road, at North Paterson, N. J., to-day. It will be a reunion of minstrelsy, for Mr. Rea is one of the oldest living minstrels On the continent. John W. Rea, or ’‘Judge” Rea, as he is more familiarly known, was for years the leader of Christy’s minstrels. He went oat with Christy i in 1817, and remained #ith that company of j burnt cork performers until 1854. In that year he severed his connection with Christy, and innnedlately arranged to bead a company of twenty-three performers and a band himself. He also took Christy’s name, to which the latter made legal objection, and fought Rea in

Yon*. March 31.—Much interest has beenexclted in army and navy circles here by thejwport that the engagement of Commander

the New York Supreme Court, where Rea’s right to use the name was upheld by Jndge Clark. With these minstrels he played the country from Maine to Georgia, and in 1858 went to Bnrope with nine of the best performers he could engage. For three years he performed before the crowned heads and royalty of Europe. Rea was then at hta best, and his rich basso voice and catchy ballads won him much admiration. From an emperor he received a diamond scu.i-pin which he to-day wears in his cravat. They returned to this country in 1860, Rea coming home with a fortune sufficient to keep him comfortably for the rest of his life. He then virtua.ly retired from the stage, although he again reappeared at the close of the

war at the earnest solicitation of his friends. “- T '’dge’s” first appearance as a singet 1 tie Garden in 1813, with such cele-

brities as Barney Williams, Jim Carter. Jerry Bryant and Charles White. He also played in Palmer’s Opera-House, New York, in 1846, where Burton’s Theater was formerly. Nothing, he says, would please him better than to see the jovial faces of the old favorites, E. H. Pierce, GeorgetChristy, David Wembold, Joe Brown, Anthony Nish, G. W. Necker, Billy Burton, W. P. Collins and many others with whom he has played, at the reunion. Of those

atill living, almost Ell will be present to-day.

TWENTY-SEVEN NEW DOCTORS.

The'

Commencement Exercises of the Medcal College of Indiana.

The commencement exercises of th© Medical College of Indiana attracted to the Grand Opera. House last night an audience that filled the theater. The twenty-seven graduatss.with the members of the college faculty, occupied seats on the stage. The address on behalf of ♦he laealty -wae by Dr. J. P. Vi JoVnT nreaident of DePauw University. His subject was, “Ethics of the Schools.” He said there was a sentiment that the school boy, or the college student is a law unto himself, and that he can do with impunity what would be disgraceful, If not criminal, if done

over the bar of a saloon, inter - collegiate foot ■

is wrong to gamble , but gambling at an , - ball, base - ball or

rowing contest was looked upon by many as being all right, because it was done by college students. The speaker said he did not assert that these evils existed in all the colleges; he believed the Indianacolleges were particularly free Irom them. The object of the address was to point out the false standards

advised the graduates that when they hung their diplomas on the wall they should not

hang their success upon them.

The diplomas were presented "’‘Then, who spoke briefly, to

ardddbto j 0 h n Akes-

M. Kitchen, who spoke brief! ates. Diplomas were aw

by Dr. John the gratlu-

ing Boswell, Indianapolis; Collier. Starke, Ind.; willia anapoiia; Burnham Cole D, Eugene Davis, Irviugt

Hei

Ingene Davis,

Dove. Indianapolis;

Londonville, O :

ville;

lings wort!

tetu ard,

hoodore

am B. Craig, Dale. Indiana on; Orville

HI enr

John Wi 8. Hol-

Hos-

Indi-

napeiis; Holmes

ir y Sherman Fulmer, esley Harvey, Russle-

or, Hawwatch; william Mamuel How- , Dewey, XU,; Homer Iliad Jones, Indianapolis; Frederick William Knechler, Indianapolis: Manson M. Lairy, Lafayette; Thomas franklin Menough. Brazil; John D. Nichols, Indianapolis; Charles Hiram Cross Poacher, Gieencastle; Wilbur Swiit Robinson, Indianapolis: John W. Slues, Green castle: Sarah W. Stephens, Bombay, India: Calvin Weidner, Mulberry, Ind.; Jesse Wei!*, Indianapolis; George Sherman Wilson, Nokomis, IU. The prizes were awarded by Dr. Elder, dean of the coUege, as follows: Board of Trustees’

patch, 1 I iPmUPIMH best thesis on an obstretrical theme, Eugene J. Davis, Butler alumnus, of Irvington: Elder prize for the best examination in theory and practice. Cnarles H. C. Poacher, DePauw alumnus, Green castle; Taylor prize for best composition on diseases oi childhood, Wilbur Rob-

Hawpateh: Armstrong prize, Eugene L. Davis, Irvington; Oliver prizes to A. w. Cole, DePauw alumnus, of Charleston, and Charles E. Cottingham, oi Noblasviiie; Zimmer prize, A. W. Cole, of Charleston. The music was by the Ernestinoff quartet. SUFIHJSED TO BE DEAD,

But She Jumped From Her Coffin and Caused a Sensation.

Durango, Mexico, March 31.—The lower classes of this city are greatly stirred up over a remarkable occurrence which took place last night. Miaa Juana Juarfx died, "or was sup-, posed to have died, after a brief illness. She was placed in a rude box in lieu of a coffin, and her sorrowing relatives proceeded to have a lively wake over the apparently lifeless body. In the midst of the ceremony Juana opened her eyes, and seeing the candles around her, jumped from her coffin and asked the meaning of it fill. The attendant* fled in frigh*, thinking the resuscitation .was the work of the devil. A priest was speedily summoned and succeeded in allaying the tears of the relatives.

duty upon Mr. Brigham,

follows

“TT

on New York banka for over 820.030, is well known at the office of William WeiseV, No. 300 Worth street, this city, where he received his daily mail. About two months ago he disappeared and nothing wa? heard from him until his arreit. The theory was set forth to-day

A Rich Beggar.

New York, March 31.—John Batter, who was arrested in'St. Paul. Minn., yesterday; for soliciting alms, and on whose person was found a bank book with ♦L90Q to his credit,

and between the leaves of the book certificates M

Hifice or upon < a sheriff, he shall

ham

all prisoners in bis

uis arrest, me ineory was set lorth to-day Sheriff Brigham that in a fit of mental aberration he traveled P™ 5 ® 11 hnd mi xJn foot from New York to St. Paul. cept in his po

The ‘‘Plunger” Coming Over. New York, March 31-—Ernest Benzon, the “jubilee plunger,” the man who gained a world-wide reputation by spending £2S0M0 in was in London recently he engaged Mr. Benzon to appear in “The Prodigal Daughter.” the plow with which the ‘ ’— •• to be opened in May. Three MorTBodies

Highland Light, Mas©.,-March 3L-Three more bodies from the dories of the fishing schooner Damon, which went adrift, were picked up on the beach at Naunet last night.

believe it, sayipg that Commander was too steadfast a bachelor ever to

v ■yi®*-

»ce, the ship of Commander Whitto the North Pacific squadron, *tlv it puts in at Honolulu. Among “* W’S acquaintances there, is Ah ky Chinese merchant. Ah Fong r.Etta, who is seventeen year&old. kWhiting is fifty. The news of the |reached San Francisco by a s teamfeft Honolulu on March 16. It was ct that the engagement of Comriting and Miss Etta Ah Fong has

announced. The Alliance herself d San Francisco on Tuesday morning Commander Whiting on board. The ent, according to the report, was an-

urt before she left Honolulu, l ong is not a full-blooded China-

Her lather, Ah Fong, drifted to the Islands when young and single. He great deal of money in a very short

time. He was always a good judge of the onium market. He married a wealthy Kanaka woman who lived near Honolulu. He has thirteen children. It is said that if he were to die to-day he would leave enough to give each of his children a million and a halt of dollars. He is said to be shrewd, and also eccentric. When Kalakaua was King, Ah Fong mad© him a .present of 170,000. Subsequently, it i* saw. Kjng Kalakaua threw a monopoly of the opium .'privilege into the hands of one of

Ah Fong’slrtends.

Mfl AiaEcng is said to live in a. magnificent home aad }o be a member of the very best i\iuia##vjfoc ;ty. Miss Etta Ah Fong is said

>rite daughter. She is described tall, sleqder and graceful, with a clear lion, blue eyes and wavy brown hair, •ate oeieitiaily small, but they were fjio by wearing small shoes m the v fashion. She is well, educated and accomplished for a girl of her age. mander Whiting is short and compact, as gray hair, a heavy, white mustache, gentle, winning manner. He was born city on July 8,1843. His parents were of Wisconsin, and he was appointed to .ha from that State on September 12,

18f!0. From 1868 to 1833 he served as ensign on the flagship Hartford in the West Gulf squadron. He was in the battle of Mobile Bojj and took an active hand in the burning of the British blockade runner Ivauhoe under the guns of Ft. Morgan op July 5, 1864. He was present at the surrender of Ft. Gaines, a •nth later, and two weeks afterward he Dar-

ted in the bombardment and surrender . Morgan. It was at Ft. Morgan

that Commander Whiting’s hearing was Impaired. A shell exploded near his head, damaging the tympanum of his left ear. In 1865 he was transferred to the Kearsarge of the European squadron, where he served until November, 1866. when he was made a master, and trans’erred to the steamer Frolic of the same squadron. He was commissioned a lieutenafot In Febiuary, 1867, and a Ueutenantcominander in March, 1888, when he waa at-

ticigate of Ft.

v 1 AAA AXA.n.f LJ-lf AOUCy W 11*511 iiC WHS Hi.* signed to the stesm sloop Ticonderoga, of the European squedron. In 1870 he went to the

equadron.

Swatara, a fbunh-rate boat of the North

■aTsqu, ‘

lani

secoH'

<» AiruA MX-iCfeW uvuii Ui tut? iNOnn A-lr-i squadron, but left it a year later lor the d-rater Benicia, of the North Pacific iron. He seryed on the Benicia until TS, when he was detailed to the Brooklyn

navy-yard. He stayed there for three yearn, when he wm assigned to the Constitution for special service. He returned' to the Brooklyn navy-yard in 1881. and in July, 1682, he was made a commander. His first conunardwas the training-shipSaratoea, from 1864 to 1886. In 1m86 he returned to the Brook-

avy-yard, where he served as equipment “ nd later as the head of the board of

He Wi

i, of the NiiiiSr

ber. 1 81, to the command of the Alliance,

which he now holds.

Commander Whiting is very popular among officers and men. He is known as a good sailor

Until now, it is said, he bravery, his wit, and

his avoidance of marriageable women. An officer at the navy-vard who knows the

said: “W'hiting is a wonderful as a brain that is the envy ot many ws. Many a time he has held us up

to scorn on our affections and attentions to women. Now it is our turn. He was a warm supporter of the Geary exclusion bill, and the point we are going to raise on him is that he can not bring his wifte into this country if he marries Miss Ah Fong, because he would be violating the Geary law. He will say. probably, that he married her. that he is a citizen of the United States, and his wife has the same rights as ne.

and a good fighter, has been noted for hi*

Commander man. He hai of his fellows

■>ably,

of theUnil

uus Ml© same rights as ]

But we will tell him flat footed that marriage is not naturalization, at least not in the navy.” Consul Woon, of tbe Chinese Legation, fcaid

yesterday •*T lrr»r\K*

a classmate of >inine in Yale. He is a warm friend of mine. He is a charming man.” A GREAT STRIKE IMMINENT.

Three Thousand Shoemakers of Auburn, Me., To Be Locked Out.

Lewiston, Me., March 31.—The city of Auburn, a shoemaking city, is on the' eve of a labor war. There are about three thousand shoemakers in the city, with about two thousand other persons depending upon tham. They are all intelligent, many own their homes, and the average weekly price they receive for work is |18. There are three onions among the workers—the Lusters’,Union, the Cutters’ Union and the International ShoeWorkers’ Union. To this latter five hundred women in Auburn belong, and these earn from |15 to $21 a week. The manufacturers are rich, their treasuries are full, and here they have toe largest block of shoe-shops, under one management, in the world. The workers have been restless for a year. Now the Lasters’ and the Cutters’ Unions have prepared scales of prices which are to be submitted April 1, and must be accepted April 3. The manufacturers say the scales are too high. The raanuiacturers have a union and a bond to stand by the decision of the majority. The sentiment among them is that they are now well prepared to settle for all time the question of who shall rule, and it seems as though they would decide upon the lockout. The prices paid the working people are high, but they only have work for about eight months in each year. FRANK ALMY’9 FATE.

He Will Be Hanged Next Month—A

Carious Legal Complication.

Concord, N. H., March 8L—An unprecedented feature has arisen in the case of Frank Almy, the murderer of Christie Warden. Directly after Almy’a re-sentence at Plymouth, in May last, the death warrant was committed to Silas H. Brigham, of Liabon, high sheriff of Grafton county, directing him to execute Frank C. Almy on the third Tuesday in May, J3ES. He has had the paper in his possession ever since. Mr. Brigham was a candidate for re-election os sheriff last November, but

hi* Rep--’'” *=■"

was defeated by or)

enter upon his duties bn April 1.

Republican competitor,

Charles O. Hurlbut, of Lebanon, who will

It has been

The section is

or removal fromofthe term of office of

all precepts in his

l deliver to hi* successor

Almy at the

i that he had the prel would execute it ac-

^ official business purevioualy

THE SITFFEUING SEAMEN. Compelled To Swim Ashore. They Almost Perished From the Cold.

Savannah, Ga.,March 81.—The tugMarcotte, Captain Potter commanding, went ashore on Cumberland beach yesterday afternoon in a into the waves and awtm to the shore. All ble struggle, except Steward Bowen, who was

drowned. Firem when he reached

."^■aasss ssr

ions, thinking he ws* dead, left there and started to walk to the Mote), ten miles away. Th© 1

cold and the suffering of the men was intense. Captain Potter (hinted after walking

four miles, but was carried the remaini miles on the shoulders of his nearly exh

companion*.. He and Pilot Fader fell in a faint

THE STREET CAR CHARTER.

remaining six

arte exhatu

■I L Pilot Fader fell in a A— on reaching tbe hoteL Fatter wm the first to eap from Urn tag and swim. Hi* heroism in leaping back into the angry wave* and helping other men to reach the beach, saved the fives of several. Yesterday a party went to the beach to remove the remains of Borien and Bizen to the hoteL but met Bizen walking toward the hostelry. He had regained consciousness after lying on the beach twenty-four

hours in the storm and bitter cold. WORLD’S FAIR VISITORS.

OPINION OF THE CITY ATTORNEY AS TO ITS DURATION,

They Will Be Protected From Extortion nnd Treated Well.

Chicago, March 31.—The following address has been issued b^ President Higinbotham: World’s Columbian Exposition. 1 Chicago, March 23, 1863, f To the Public—Because of many misrepresentations aud misstatements relative to fixposition management and affairs being in circulation through the press and otherwise, both in this country and abroad, and in replv to many letters ot immiry or complaint touching tbe same matters, it seem* advisable that some official statement regarding them should be made to the public. Therefore I respectfully ask that the widest publicity be given to the following facts: 1. The exhibition will be opened in readinesa for visitors on Mav 1. 2. An abundance of drinking water, the best supplied to any great city in the world, will be provided free to all. The report that a charge would be made for drinking water probably arose from the fhet that hygea water can aiso be bad by those who desire it at 1 cent a glass. A Ample provisions for seating will be made without charge. ,4. About 1,5(0 toilet-rooms and closets will be located at convenient points to the building* and abont the grounds and they will be absolutely free to the public. This i* as large

nearly an equal number of lavatories and toilet rooms of a costly and handsome character, as exhibits, for the use of which a charge of 5 cents will be made. 5. The admission foeoi 50 cents will entitle the visitors to see and enter all the Exposition buildings, inspect the exhibits, and. In short, to see everything withifi the Exposition ~ - village and cliff dwellsse, as well as for the special attractions on Midway Plaisance, a small fee will be charged. 6. Imposition or extortion of any deecription w ill not be tolerated. 7. Free medical and emergency hospital service is provided on the grounds by the Exposition management 8. The Bureau of Public Comfort will provide commodious free waiting-rooms, including spacious ladies’ parlor* and toilet-rooms in various parts of the grounds. FRENCH MINI ST K1W RESIGN.

The Reftult of the Defeat of the Government In the Chamber Yesterday. Pams, March 31.—On account of the defeat of the government in the Chamber of Deputies yesterday over the liquor law amendment by a vote of 247 to 212, the ministers last night tendered their resignations to President Carnot. The President had a long interview with the members of the Cabinet and urged them to reconsider their determination Hi* arguments were in vain, however, and the ministers insisted that their resignations must be accepted. It was rumored that M. Develle, minister of foreign affair* in the Ribot Cabinet, will be asked by President Carnot to

term a ministry.

The ministry that had resigned had held office for only about eleven weeks, upon the overthrow of the Lou bet Cabinet several

but they were unsuccissful until M. Ribot. was minister of foreign affairs in the Lo

■ jntapK

for the task, and Jan-

The

THR qUESTlON PRESENTED.

question presented, therefore, is

attempts were made to ;orm a new ministry, bat they were unsure jssfn! until M. Ribot. who was minister of foreign affairs in the Lou bet

^ ~

ministry. Ever since this ministry came into lF pled ’ upon, and had.such consideration power the opponen .s of the government have support it as made it a binding contract besought an opportunity to overthrow it. The tween th# old company and toe city at the

sought an opportunity to overthrow it. The Panama scandal, it was thought, would afford the opposition the desire 1 opportunity, but. though more than once attack* were made, none proved successful, the Chamber each time voting confidence in the government and

discomfiting its enemies.

THIS IS GOOD FRIDAY.

The Observance In New York To-Day —The Jewish Celebration.

New York, March 31.—Good Friday W generally observed in New York to-day. There were special services in nearly all the churches, and business in many lines was suspended. As the day is not a legal holiday in this State, commercial paper falling due March 31 must be met, and the banks. State and National, are open as usual, but tbe custom-house, the stabtreasury, the Stock, Produce. Gotten, Cofiee, Consolidated and Maritime Exchanges are doing no business. w The celebration of Pascha. or the Passover, will be begun by Jewish people throughout the world at sunset this evening, and will be continued for eight days by the orthodox Jew©. Those who have accepted th© reform ritual, among them a large number ot Jeiv* in America, continue the celebration only seven days, the first and last days of that period being alone regarded as of special significance and celebrated as holy days.

SHOE** WILL C

ORB.

The Sole Leather Trust WHI Cause an Increase In Prices.

Brockton, Mass., March 31.—A salesman for one of the leading tanneries, who is now in this city, speaking of the sole leather trust, says it is impregnable and can not be broken by any combined effort of th© manufacturers here or throughout New England. The trust, he says, represents ^S.COkflOO, and ©very avenue through which the tanners derive their supplies is controlled. The manufacturers will have to increase their prices for shoes, which is the only solution of the problem. There is no hope of breaking the trust, the head center of which is in New York, becanee each tanner is under heavy bonds not to violate the compact for a certain number of years. He thinks, however, that Armour and some of the Western cattle kings may go into the sol© leather business and help the manufacturers of New England to fight the combine. DISHONEST EMPLOYES. Missouri Pacific Engineers and Firemen Summarily Discharged.

Sedalia, Mo.. March 81.—A big steal among engineers and firemen on the Missouri Pacific railway was brought to light in this city today, and has created a big sensation. An official investigation remlted to-day In the discharge of a time-keeper, nine engineers and six firemen, with the probability of many

others bei: collusion

in. with the probability oi ing implicated. The train;

with the time-keeper had drawn

’ y toem. The co

names are given.

THE WEATHER BULLETIN.

FORECAST FOR INDIANA.

For the thirty-six hoars, ending 8 p m , April 1.1»S3—Warmer;/air to-night; probably local rain* on Saturday.

The storm area yesterday in the extreme Northwest is central this morning north from Minnesota, covering the country between the Rocky mountains and the Mississippi, with warm, cloudy weather and light rains only in

Montana.

LOCAL TENFEBATDRJL 7 a. m 48° | 2 p. m. 7«° Tli© Weather lit Other Clttos. Observations taken by the Utaited Btales Weather Bureau at 7 a. m. to-day i Boston, clear, temperature 42 . New York, cloudy, temperature44L Washington, cloudy, temperature 44*. Jacksonville, clear, temperature 64 J . Pittsburg, cloudy, tempet ature a*’. Cleveland, clear, temperature 20'. Cincinnati, clear, temperature 46\ Louisville, clear, temperature 54°. Chicago, clouoy, temperatnre 42 s . 8C Louis, clear, temperature 54 . Kansas City, cloudy, temperature Omaha, cloudy temperatnre 54". St. Paul, cloudy, temperature 88 . St. Vincent, cloudy, temperature 34*. Bismarck, cloudy, temperatare 38 \ Lost the Money at the Races. New York, March 31.—William P. Vsndvv* aged twenty-six years, a native of < is locked up at polk* headquarters forgery of his employer’s name f dollar check which he lost the money i remanded in f

iug until

He Holds, That It Expires In January, —The Alleged Extension Never Accepted by the Company and the Council Can Revoke Iu

CKy Attorney Jones this afternoon fur* . n fished Mayor Sullivan with th* following opt nlon on the life of Mm Citizens’ street railway charter: 1 have endeavored* to give the subject that consideration which its great importance meltte. I most, of course, bake my opinion upon the facts as given me, or ascertained Irom an examination of the records; and irom these I have finady reached the conclusion that the charter, or right, of the Citizens’ company will expire January 18,188*. I base my conclusions mainly upon these propositions: 1. Because the amendment attempted to be made m 1880 extending the charter seven years waa never accepted and acted upon by the company, and was without any such consideration as would make it binding upon the city. 2. Because in the amendatory ordinance passed by thecity in 1888. and accented bv the present company, whereby the- right to use electricity as a motive power was given, tbe length of the franchise was considered by both parties as being fixed by the ordinance of Itol. The facts, as I understand them, so far as they bear upon the questions involved, are a* follow; On January 18, 1864, the original ordinance, or charter, was passed under which to© road

Other ordinances were subsequent!? naased, but none affecting or attempting to affect the term of the franchise until uao. April 7, KWh, the following ordinance was passed:

GENERAL OOINANCB 11. 188ft.

An ordinance to amend Section 15 of an ordinance entitled, “An ordinance authorizing the construction, extension and operation of certain passenger railways in and upon the streets of the City of ludfsnapoUs.” Ordained

ppraaiMH W ||i

,ssSb.%;

sfeSka

Court n>

w. a. issipssrtssa. t^jB-gliaEP 5

IPKI

.BMMaSdfl

accept tho ordltaf sfer

and by said

are granted to and new corporation, iu si

subject to the same dut— .— . rested On said old corporation,’' acts to he performed bv the company, i same duties And obligations a* r old corporation, and that, therefor ^ competent to show that other or dill than those thus specified had In “(freed upon as the oonMdaratiota.

AOUmONAL CbNSn>K*AT10N.

If it was not permissible under the 1

ol the ordinance of 1888 to show a different c additional, consideration, it seems to methi no other or different -consideration could be shown under the ordinance of 180. And whi)* I am nqt informed that there was, in fl»ct, a»f

other consideration, still If there was, think, under the ruling of the authoril I have above cited, it could, iu be shown. The gets, therefor which the company were by too ordinautte perform wort-such as could not be ] until after the expiration of th© orig and therefore it seems to me imppasl company to say tbit the old company its acts of performance, accepted this or so as to make it valid and binding, as an express acceptance by the com;— v ., concerned mure waa ever made, as 1 am i) formed, Mr information is that no actio waa ’token by th® ootnpauy, on its part as

passenger of the city

January 18, ]8M.

Section 1. Be it oruained by the Common

Council and Board of Aldermen of the City of Indianapolis, that Section 15 of an ordinance entitled, “An ordinance authorizing the construction, extension and operation of certain passenger rail wax s in and upon the streate of the citv of Indianapolis,” ordained January 18, ISM, !>e so amended aa to read thirty-seven ;8T) years

where the same now reads thirty yearn. Sec. 2. This ordinance shall take effect nnd

be in force from and after its passage. i.wA—

Ordained and established this ,th

Ajgrti, 1SS0.

day of

acceptance of this ordinance was ever filed tv the company, and no special act of any kind was don© under it to show that it was accepted by the company. In 1888 the Citizens’ Street Railway Company, to which Ihe orig* mal grant was made, sold its rights, privileges, and franchises to the present company, the

company, to accept the ordiuance.but it that f«c. was never communicated in any w« to the city. Where a proposition is made t) one party, and no time Is specified withi winch it shall be accepted, th© rule of law » tfmtit shall be accepted within a reasonable And if the acceptance is not made - presence ot the party, or by some act clearly shows to toe other varty an Ocee

3?I''

KPi

y In this case, however, the

city made by the passage 1880, was made eight

node eight years before the sate bj may to the presenv company, ani oughtffto have neeu iicqepto i, it a'

the latter.

On April 23, 1888, ah ordinance was passed

ratifying this sale and granting to th«- "rail-

road 1 ’ company the rights, pnviler s and franchises possessed by the old compai y, subject to the same duties and obligation* The rights, therefore, which were ferred to the present company, were were possessed at the time of the sale

old company tending toe cl

.which had 1 old. company

and as

that if there in favutTof tl

keenpt i

tr ans-

wer® such as e sale by the

ng the charter, had not been accepted at time by the old company injrach a way as to be binding upon the city, and so that the old company had at that time avesied right to the seven years’ extension, then fto such right

passed to the present company.

toucan;

certainly oug

all, within that time. But as the coitia only sell such vested - rights had at that time, -• and aa th dinauce of 1888, consenting transfer,specifies that the rights and which had been theretofore possessed

should bv g anted to the his grant is to be consti ere is any doubt, that do .. of the cit y, and against <

it seents to me clear, unless an aw« the ordinance is clearly shown by the • previous to that rime, and that no such would pass to the present company.

SOME ACTION NECESSARY.

It is not sufficient that the officers company may have considered, or in minds treated it as accepted. It waa sary for the company to take some which made it binding upon the cot which showed to the city that the ordinance had been accepted. Indeed I it very doubtful whether this , nance, even if expressly accepted, wl place no new burden of any kind upon company, and which simply cot promise to permit it to continue

time of the salet In determining this question we nm*» take into considei* im,certain well-established propositions of law and rum of construction. iLI in the ease of Western Fnrving and Bttpply Company vs. C.tuens’ Btreet-Rail road Company, 12s Indiana, at.page 53>), it U said: “ft is also settled that such charter is to ho strictly -construed against the railway company, and that it has no doubtful right# under such charter, for where there are doubts they are construe«flag»ia*t the grantes and in favor ofthecity. iCttizeus’ Railway Company vs. Jobes, 84 Fed. Rep., 579; Mayor, etc,, vs. Ohio, etc.. Railroad Company. !fc> Fa. 8L, 866; Birmingham, etc.. Railway Company vs. Birmingham, etc.. Railway Company, n Alabama, 465; West Philadelphia, etc. Railway Company vs. City of Philadelphia, 10

Philadelphia, 70.)”

It must be conceded that the original charter

or contract‘between the city and tbe street railway company can he amended, but it must be done by both parties, and in some valid way. Like any other contract, it must be accepted and binding upon both parties, or it is not binding at alt. My information is that this ordinance was never expressly accepted by tbe railway company. No formal or written acceptance of any kind was ever filed, and no acts were done by the company which would,

as I think, amount to an acceptance.

METHOD OP ACCKPTAMCE.

The acceptance is usually made by filing with the. proper officers, or board, a formal statement which, in express terms, accepts the privileges granted. But where no mod© o' acceptance is provided by statute or ordinance, Its acceptance may be shown by acts of the company,showing that they have accepted and acted upon the privileges granted. And whnre the amendment to the original

' ' by acts ffione

chapter is accepted

ot the

mpany, the acceptance must be shown by

some act or acts which are unequivot at and

which have been done by tbe company und

and by virlne of tbe amendment, and whi, . tbe company would not be authorized to do except ior tbe amendment. Mere silence will not be sufficient. This is the law as stated in

Booth on street railways, flection 81. The law on this subject is also stated in

“Woods's Railway Law,” *“

“Before a< repealed or

no power of repeal is reserved in the grant. But after its acceptance by the corporators, the power of repeat, unless reserved in the act, is gone; and the corporators can- not withdraw from the duties and liabilities which the charter imposes, unless disciuirged by a forfeiture or repeal. The acceptance of an amendment to th© charter, or law under which the corporation is formed, which the legisiaturowonld have no jwwer to make without the consent of the corporation, may lie established by showing that toe corporation has, since its enactment, done aete authorized bv the amendment, but which without the amendment, would have been unauthorized.”

(,Wood’s railway law. vol. 1, p. 21. >

To the same ef eet is the dec sion of our Supreme Gourt with reference to another amendment attempted to be made by the city to this very charter. In 1884 an ordinance was passed requiring the street-railway company to pave between its tracks, and two feet on either side thereof, and an assessment waa made against it for the pavement of Pennsylvania street, and the Western Paving and Supply Company attempted to collect it. Thu case was taken to the Supreme Coart, and the Supreme Court held that as no acts were shown to have bean done by the company, showing that it had accepted this ordinance, and no express acceptance being shown, it could not be held to have been accepted by the company, and, therefore, is, in no way binding upon it. (Western wing and Supply Company vs. Citizens’ reel Railway Company. I2S Indiana, page 526. i

seven year;; Ion

toll

b?r W!

governs ■ Butt

rtract for

i of the old yet to run, .

aeration whatever, w»

the city and sul

lg UpOl

ttiere <s another foot which, it

me, must be given much • • - •

ing this controversy, aifo

sate and transfer by the old com' present company, anordinance waa pass the purpoee of permitting the present pony to use electric power; and In this nance, 'which was expressly accepte the present company, no reft whatever is made to the ordinance oi extending the charter; but on the other it is expressly stated that nothing c<

in that ordinance shall be construed . lengthen toe term of the franchise under

ordinance of January IS, 1864. The section of that ordinance, which was December 18,1889, reads as follows; “flection 2. Nothing herein contained be construed so as to lengthen the term franchise, enlarge, or in any other or affect the rights of the Ci! Railroad Company, of the city of a... “under said ordinance of January 18, cept te authorize the us© of electrical ..

as animal power. This amendment is gri

upon the provision that the said com

‘ city egainst liability

shall indemnify the

any and all damages to persons or arising out of the < ' ■’

of the electric lines.

. And the acceptance thereof tiled by the i

pany reads as follow:

Company, of Indiataapoll*, ind,, authority, order aud dftwetion of its directory hereby accepts the ordinance h. tofore passed by the Coinmon CouwMI Board of Aldermen ofthecity of Indianapt Ind., known as General Ordinance No 1889, and each and ail of th® terms provisions thereof, which --

snee w*v ordained and the 18th dag of December,

19, and Was entitled “An ordinance izing the construction,, extension and , tion of certain passenger railways in an.. „ the streets of the city of Indianapolis,” dainerf nnd retebliihefl January 18, W* Tint Citwkns’ flrsKf.T Rajokoaii Gomfa*

i MHIAN APOI.IS. * l

J Aval.] J. C. Mhapfrr, iWident.

A. A. Andrrkon, Secretary. ’ what this ordimamcb is.

term of the latter's franchise is si ordinance of 1W, t. That is the e

to, roe, of the statement made in the nance. It gave to tbe company a nev

valuable privilege. The core ordinance and thereby obt tional privileges, and St will be permitted to say that that i

correct.

i Itmavbedaimodthat when it referred' the ordinance of 1864 it was meant that nance as amended. 1 think that ca successfully done. The ©rdini nee of ifles thirty years; the ordinance specifies thirty-seven years. If it 1 meant to say '‘thirty-seven years’ “thirty years” the ordinane© of

ought to have been it should have said tbe o amended by the ordinance we consider the tact that i ordinance of 1880 had ever

to the city, and

" ‘ the <

against the

SUSP of th*

that the 5», b ”l

must

WHS

Street In the

•tttiRS!

ing out sndatory

different things

of H78

the

ordl:

amendatory ordinance of 1*78 provided that view then th the company should do, viz., connect the two determined bv the systems of tracks north and south of th© uartten th.-m*#.!

etc., said:

•A compliance bvMKl conditions expressed in the think, a sufficient c> amended ordinance, by the company, I with, it became amount ot the con be settled by the coni matter over which of fraud, have no

Many other an same efiert, but

to show that, an it btc ones binding must acted npon, end must have and elements o; a contract.

KRAvroN lil

Now what is the erorideretiou

ing wnatever is required to ' " company which it is not

theorigtos^ham^r

endatory ordinance 4 must te jjf—

to the f

5. * thmk.

Hsa

.raterred

term of the January 18, referred to tolrtyroeven nance of 18

parttest

« ’ 4

imm

illHHHiHi’r

: be mad* out against h

i in effect a

te to*

;A . .

| dW*

ufy^

yiSiii

.mm