Indianapolis News, Indianapolis, Marion County, 22 December 1916 — Page 12

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THE INDIANAPOLIS NEWS, FRIDAY, DECEMBER 22, 1916.

INDIANAPOLIS REPUBLICANS ISSUE STATEMENT TO PARTY.

ARE AGAINST AMENDMENTS

im*

8«*;ting forth reasons why a nonpartisan constitutional convention for Indiana should be held^ several prominent Republicans of this city have issued a statement "to Republicans of Indiana,” urging on the legislature the importance of this proposition and recommending earnestly that action be taken to bring about

such a convention.

••The statement is signed by Alvah J. Rucker, prosecuting attorney; James A. Collins, Judge of the criminal court: TheophHus J. Moll, Judge of superior court, Room 5; Edward A. Ramsay, county recorder; U E. Tex, county highway superintendent; Monte C. FIscus, Justice; of the peace; h. H. Wright, master of the Indiana State Grange. Winfield Miller. J. Fred Masters. Willits A. Rastian, John A. Porter and Marion (JaldweU. Among other things, the statement •ays: "Evidences of the most convincing kind are everywhere apparent since tho election showing a strong: and steadily ,i growing demand for a revision of th? J Constitution, such as can «nly be hadi through a convention called for that purpose. This places a great opportunity and responsibility before the coming legislature, and especially upon the members of the majority party.” Platform Declarations. Attention is called to the fact that the j Republican platforms of 19H and 19fi; emphatically declared for revision of the Constitution. The J91G platform declared expressly for changes in three particulars: To give the legislature power to ! effect taxation reform; to authorize the j Governor to veto any Ojie or more items j in any appropriation, bill; to prohibit the Increase of any official's salary during the term for which the official waa elected. The platform left open the manner in which these amendments to the Constitution should be proposed, and the statement says the proper way to carry out thes<j proposed changes W/Ould be by a constitutional convention. < Other platform declarations in favor of reforms which could only be accomplished by constitutional revision, the statement says, are: 'Abolishing uniiecessaiy offices and official todies; adoption of the budget system; reform 'of methods of legal procedure; the enactment of an efficient Impeachment law; home rule for cities; the i establishment of a businesslike administration of the affairs of the state. Effect of Platform Promises. "Surely, these promisesL contemplate the ealltnc of a constitutional, convention,"

the statement says.

It is pointed out in the statement that the vote of 1314 on the question of calling a constitutional convention in 1915 could j not be held decisive bn this subject now. ; "The vote in that election," the state-j ment says, "also decided that the Re-1 publican party should not go int<> power, j whereas, the vote in the election of 1916 gave us all the state offices and most of : the local offices In Indiana." There were reasons existing then, the statement: says, militating against the calling of a convention which do not exist i now, and it enumerates them as fol- j lows: 1915 waa not a good time for a convention, Immediately preceding a national election; the act submitting me question contained serious defects in its provision for tho convention; the question was confused with the proposal to appropriate $2,000,000 for a centennial building; the partisan conduct of the election was prejudicial to this issue; there waa not sufficient time to give it adequate consideration; twenty-two proposed amendments were pending. Opposes Legislative Amendment "Wo desire to protest especially against any attempt at this time to meet our urgent needs by legislative amendments,” the statement says. "Under no possible circumstances could such amendments accomplish anything for the good .of the state during the present administration. The people of Indiana will not be content with such a tardy process. Surely the Republicans of Indiana are not going to inaugurate an unbearable policy of Vwatchful waiting' on Immediate needs in state and ipcal government. The people of Indiana voted for a program of efficiency and economy which they expect this administration to put Into actual effect before our Governor-elect, Mr. Goodrich. goes out of office. This can only be done through a constitutional convention. The constitutional changes, of which we clekrly recognize the need, are so numerous and of such a fundamental character that they can not be adequately dealt with through the patchwork process of amendment There are many seri-

To Aid You in Decision A national magazine publishes the following list of appropriate Christmas gifts. Our stocks are so diversified as to permit a selection of anything named.

For the Girls

For Father

Victrolas Evening styids Victrola records leather suitcase Victrola cabinet Shaving brush Folding umbrella Fountain pen Writing paper Gloves Silk shirts Hairbrushes Neckties Clothes brushes Leather case for papers Shaving strop and mug letter opener, silver or brass Silk socks in Christmas box. Initialed handkerchiefs Razor (be sure it’s at good one) Fitted traveling bags Bag for soiled collars Cuff links in gold or silver

For Mother

Bathrobe Perfume Silk petticoat • Gloves Guest towels Carpet sweeper Gold thimble Sherbet glasses Butter spreaders Silk for waist Oyster forks Sewing table Thermos bottles Sewing rocker Luncheon set Library chair Table fern dish Vacuum cleaner Electric toaster Sewing machine Electric iron Set of furs Hanging mirror Pretty negligee Electric coffee percolator Candlesticks in glass or silver Set of tumbler coasters Tablecloth and napkins Rug for living room Nut crackers and picks Set of serving trays Japanese table runners Set of Turkish bath towels Embroidered centerpiece Hemstitched teacloth and napkins Lace collar and cuffs Hand-painted calendar Small outfitted traveling case . Set of Pyrex dishes Individual bonbon dishes *

For Baby

Baby quilt Pillowcase .

Spreads

Wool sweater Wool leggins

Brush apd comb

Baby bootees Hot water bag

Bibs

Set of gold pins

Carriage robe of wool Carriage robe of fur Celluloid teething ring

Rosettes for bonnet Embroidered dress

Celluloid brush and comb set Out-of-doors sleeping basket

Baby record book Unbreakable doll Bath thermometer

Knitted bath towels Ribbon-covered coat hangers White wicker bassinet s Scales with wicker top Bootees of silk or wool i Stockings, silk or wool Embroidered sacques

oua and perplexing questions that can only be determined Anally In Indiana by

nonpartisan constitutional action.” Poll of Indiana Newspapers.

It Is pointed out that a recent poll of the newspapers of the state showed 165 r^epre-

The Weather Man Says, “CoKter and plenty / , of snow"—fine for the youngsters! Give the Children LEDS >FOR CHRISTMAS Don’t disappoint them—they will be looking for a sled Christinas morning. There’s a world of enjovment i wrapped up in a sled, as every mothter and father knows from their own childhood days. Sleds From 50c to $4.25 Flexible Flyers—the Sled They Can Guide, $2.50 and up Ice Skates, f>0c to $2.50 Pair Skating will be more popular this winter than ever before. Give your son or daughter a pair of these for Christmas—-50c to $2.5ff pair. LILLY & STALNAKER I14rll8 East Washington Street

Carriage boots Silk garters Bracelet watch Silk veils Automobile veil Hair ornaments Japanese kimono Corsage sachet Bedroom slippers Umbrella

Engraved cards Art pendant Bandeaux

Barette

Persian fan Glove box

Sachets

Stationery

Dancing frock

Opera bag Slipper bag

Dresser sets Earrings Silk negligee Box of gloves Vanity case Silk stockings Chafing dish Evening gloves

Furs

Dancing slippers

Boudoir cap

Set of sachet bags Candlesticks for dressing table Fitted traveling bag Engagement book Sweater with scarf to match Box of handkerchiefs Collar and cuff sets Sewing case for handbag Cardcase of leather Pearl or jet beads For the Boys

Student lamp Traveling bag Military brushes Shaving outfit

Collar bag

Dresser set

Shaving mirror Evening shirts Evening muffler

Bookrack

Silk socks and tffes Bathrobe and slippers Handkerchief case Photograph frame Umbrella for suitcase ' White dress ties For the Invalid Steamer rug Brush and comb Adjustable bookrack Carafe and glass for drinking water Tray with set of dishes Writing pad filled with StationeryFountain pen Small electric fan Subscription to magazine Electric flashlight For the Writing Desk Blotting pad Letter opener Calendar Paper weight Inkstand Twine box Paper cutter Desk clock Box of stationery Candlestick £rass letter holder Tray for pens and pencils Of Brass and Copper Fire screen Desk fittings

Chafing dish

Fern dish Table bell

Candlesticks

Andirons

Tongs

Wood box

Bowl for flowers

Coffee percolator Serving tray Vase for flowers Jardiniere Knocker for guest room door

sentativ® “papers positively In favor of a convention. Of these papers forty-nine were Republican, forty-six were Democratic and seventy were independent. The statement closes with this: "We urge all members of the legislature, regardless of party, to vote for a constitutional convention, and we earnestly urge Republican representatives and senators, especially, to avoid the political blunder of attempting to put thrpugh a party program of legislative amendments which can only result in great embarrassment and ultimate dissatisfaction and failure. It would be a most appropriate Juncture of good politlc^and good government for the coming legislature to call a nonpartisan constitutional convention.”

Marion Merchant Dies. [Special to The Indianapolis News] MARION, Ind., December 22.—William E. Goldthalt, age flfty-slx, senior member of the Arm of Goldthalt & Son’s Company, of Marion, died at his home here early today of heart disease. Mr. Goldthalt had been at the head of the Goldthalt department store for several years. He was at the store Thursday, when he became sick and was taken home. Mr. Goldthait had served as a member of the board of public works of Marion for several years. His' widow, Mrs. Florence Goldthait; a son, Jlarmon Goldthait; his mother. Mrs. Martha Goldthait. and a brother and three sisters survive.

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DR. ^ RELIABLE DENTISTRY TATC BcSW 1» built on expert Bervtc* r<»ft*onab:<- prtc? '•All* * r 'J •fctlRfied patron*, cardinal prtm-tr’cs that Insure us th* respect and patronage of hundreds throughout the city. If your teeth ar« not what they should be, you should consult us at qdc*. AMERICAN PAINLESS DENTISTS W NORTH PENNSYLVANIA ST.' OPPOSITE WHEN STORE.

SUPREME COURT. Abstract of Opinions Handed Down December 21, 1916. DRAIN’S—IN TWO COUNTIES-COMMIS-8IONERS. 22404. John P. McCleary et al. va. D. W. Zlntmaater et al. Huntington C. C. Affirmed. Cox, J. Erwin. J„ not participating. lU Proceeding by appellee for construction of drainage ditch, alleging it to bo within Huntington county, and 2,600 acres of land, affected. The viewers reported favorably and that It would affect 300,000 acres of land, cost $313,547, and affect lands In Huntington, Allen, Wells and Whitley counties The court says that the record comprises 1,800 pages and that there are seventeen assignments of errors (each assigning numerous causes) and the court attempts, in thirteen pages, to simplify and state the questions and decide them, saying that the appellants themselves recognize the necessity of some drainage project The fact that the commissioners added lands In other counties to those named in the- petition did not oust the court’s Jurisdiction. ~(2) The i petition being for a„drain wholly in Hunting- ] ton county. It was not eriror to name commis- | aioners from that count# ulone. Tho statute applies only where the petition names lands In another county. It was not error to overrule a plea In abatement on the ground that all commissioners were of tho one county. Nor was it error to refuse to strike out of the report as to the branch ditch extending Into Allen county (3) It was not error to strike out the remonstrance* of those who filed them more than ten days after service of notice (4) The question that the cost will exceed the l-encilts as shown by the evidence must be brought up through a motion for a new ti-la’. I to bo available on appeal. Motions to modlfy llndlngs of facts arc rot recognized under out j practice. t&) The report of the commisslon- | ers was competent evidence for the drain. J tk) It was not error for the petitioners and I certain others to agree that such others were I not benefited beyond certain named amounts j less Hum the assessments where them is no showing In the record that auch agreements I did not cover the whole of their actual benefits. <T1 The land owners were not allowed to receive credit on their assessments for former payments on the ditch as constructed

above.

MASTER AND SERVANT-TRIAL. 219x0. Ameri 'an Maize Products Company vs. Adam Wtdiger. Lake S. C, Affirmed. . Erwtn. J. ( il» Appeal- from a judgment awarding apI pellee jOO for personal Injuries working for i appellant. Questions regarding the sufficiency j of the complaint which were not raised in the ] memorandum to the demurrer will not be considered, (2) Instruction on preponderance of | evidence Is set out and approved. (3) InstrucI lions that it is not contributory negligence

Last Hour Christmas Shopping News

Toys Which Can Not Fail to Please the Child In a condensed way we will name some of the most popular—

Kitchen cabinets, 50c to SI.50. Horse and wagon, 50c to $3.95. San-dva-it with tray and sand, 50e. Peter Rabbit, $1.00. Sinking battleship, $1.50. Games, J5c to $3.25. Blocks, 25 c to $1.50. Sprinkling carts, 25c. Drums, 75f* to $5.00. Wooden ships 20c to $1.00. Play stoves, $1.25 to $8.00. Dumping 1 wagons, 50c. Kiddie horse, $1.00 to $2.00. “Pay as You Enter,” $1.00. ... A ■'

Hill climber engine, $1.00. Little wagons, 25 C. Wooden ships, 20e to $1.00. Floating toys, 5c to 45c. Musical Roly Poly, 25C. Midget washers, $1.00. Juggling clowns, 50c. Krazy Kat, $1.75. Sleds, 9Sc to $0.00. Brick-Tor, the new construction toy, new and different, $5.00. Chemcraft, a chemical outfit for the boy, $2.00. —Toyland, fifth floor.

Jack Frost Says Sweaters Also Caps and Scarfs to Match % The crisp weather of the last few days emphasizes the necessity of warm outerwear. Why not enjoy the comfort of a sweater and its accompanying accessories, cap and scarf? They are pot expensive and quite fashionable. Cap and scarf sets in blue, white, rose, green and various combinations of these colors, $2.00 to $4.95 a set. Caps to match all colors of sweaters, S9C to $1.75. Crocheted hug-me-tights—white trimmed with blue, pink or lavender or black and white with trimmings of lavender or black, $1.75 to $4.00. White crocheted or silk shawls, embroidered in white or colors, $2.50 to $21.59. Woolen shawls In various combinations of black, brown, gray, etc., 65c to $7.00. Sweaters of Angora, Shetland or brushed wool, in red, blue, green, purple, brown, white and black and many combinations in pretty stripes, at from $9.95 to $12.50. Silk sweaters, either plain or in two-toned effects, $12.50 to $37.50. \ . . Silk or woolen scarfs in almost any wanted color, $1.95 to $4.50. . —Second floor. Junior Misses’ Coats Values are alluring. You will find excellent coats at $10.OO, $10.95, $13.75, $15.00 and upward. Frocks for the Sub Deb Afternoon dresses made of plain taffeta and various striped silks and large Georgette collars and fancy belts. A splendid group in sizes 15 to 19 j’ears at from $16.75 to $25.00. Dancing Frocks in the Same Sizes Made of soft pussy willow taffetas, of silk nets and chiffon in delicate evening shades, $15.00 to $35.00. —'Third floor.

House Dresses Of especial intei^st to gift seekers will be the special lot of fresh, pretty garments in checks, stripes and figured effects, both percale and gingham frocks, at $1,00 and $1.25. —Third floor.

Synthetic Jade Articles for the Toilet Trays, 50c and $1.00. Buffers and jewel boxes at $1.00. Photograph frames, 50c and $1.00. Mirrors at $1.00 and $2.00. Brushes at $1.00. —Street floor.

A Book

A Beautiful Bible at $1.10

It Is illustrated and has red under gold edges and is bound in black flexible morocco with over-lapping cover. “Holy Bible with Ideal Helps” is stamped in gold on the cover. A fine book for $1.10. The same edition with thumb index, at $1.35. —Book Shop, Street floor. i£ — — Real Dupont Ivory Toilet Articles No imitation of true elephant ivory is more prized for its beauty, weight and general excellence than the real Dupont ivory. We are pleased to announce all the following articles now in stock:

Mirrors, $6.50 to $9.50.

Bonnet brushes, $1.50 to $2‘95.

Handbrushes, $2.95.

Very fine hairbrushes, $7.50.

Buffers, $2.25.

Button hooks, nail files and cuti-

cle knives, $1.00.

All the above articles are of genuine Dupont ivory, Gold Fish and Aquariums

Just arrived are some of the handsomest hand-painted fish globes and aquariums we have seen in several months.

These come in both oval and round shapes, tastefully decorated with paintings of aquatic plants. Prices, $2.50, $3.98, $5.00 and up to $8.50. Hand-painted stands for aquariums, $1.45. Plain fish globes in all sizes, 10c to $1.50. Glass and mjetal aquariums at $3.00, $1.00

and $5.00.

Fancy gold fish, according to kind and size, 25 C to $2.50 each., We carry a complete supply of aquaria accessories

Combs, 50c to $1.50. Salve jars, 50c to $1.75.

Shoe horns, $1.50 to $2.25. Military brushes, $5.60 to $6.50 Clothes brushes, $3.95 to $7.95. Hatbrushes, $2.95 to $5.95. Jewel boxes, $3.75 to $5.95.

—Street floor.

-Downstairs.

The Gift for Old or Young In the book shop are children's toy and picture books at from 10c to

50c.

Boys’ and girls’ books, 25c, 50c and up to $1.25. Popular fiction, an almost endless list, good cloth bound books at 59c. New novels at from $1.00 to $1.50. Small gift books at 25c, 50c and $1.00. Books of travel, richly illustrated, $2.00, $2.50 and up to $10.00. New books on current events, $1.50 and $2.00. Poetry, standard editions, 50c to $3.00. Bibles, 60c to $10.00. Prayer books, 50c to $3.00. Testaments, 25c to $1.00. —Book Shop, street floor.

A Good Noon Luncheon in the Tea Room

60c

Puree of Fowl

Ccnsomme Royal

Chicken Patties or Roast Prime Ribs of Beef au Natural Potatoes Hashed Brown Corn Pudding or Peas In Butter Cold Slaw Frozen Eggnog* or Mines Pis With Chesss

Coffee. Tea. Cocoa or Milk. —Tea Room, fifth floor.

Two Thousand Boxes of New Stationery 7 at 25c a Box It has just arrived—an excellent value. Choose either paper or correspondence cards, with matched envelopes,, at 25c a box. —Street floor booth. Just. Arrived A Good Assortmmt ot Steamer and Auto Rugs Plaid with plain backs, others plaid on both sides, in medium and heavy weight, with and without fringe. The colors are green and blue, blue and red Scotch plaids. Prices, $5.00, $7.00, $10.50 and $15.00. —Third floor. Our Furrier Reports a number of very choice uncut skins which he will be glad to fashion to order immediately after the holidays. The assortment includes one pair of real silver foxes, a number of white, black, brown and red foxes and several cross fox skins. These, will be disposed of at very reasonable prices. Why not choose a pair of them as a Christmas gift, leaving their making to be determined upon by the recipient. See Mr. Zierz. —Sixth floor.

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L. S. Ayres & Company for Kayser Silk Underwear Each Garment in a Gift Box The underwear known the world over for its exquisite texture and splendid quality. Every garment is NEW and as dainty as beautyloving woman could wish. These lovely garments are first here from the market. As gift offerings of the more intimate nature they are ideal. Italian silk undervests, wite or pink, lace trimmed, $4.75. Italian silk corset covers In pink, lace trimmed, $2.73. Italian silk union suits, lace trimmed, pink or white, $8.50. Italian silk bloomers, white or pink, laoe trimmed, $5.50. i / —Street floor.

The Gift Superb —From Mark Cross Your good taste and good judgment-will never be questioned if you make a gift choice from among the many beautiful articles bearing this famous brand, “Mtfrk Cross.” As a hint of the variety of articles, we’ll mention Mark Cross manicure sets, sewing rolls, scissors sets, needle rolls, note pads for physicians, telephone pads, engagement pads, address books, jewel boxes, writing portfolios, medicine cases, incased corkscrews, military brushes, library sets, cabinet photograph frames and other articles ranging in price from $1.00 to $15.00. —Street floor.

Smart Bags and Suit Cases For personal need or as gifts the present Ayres collection of traveling luggage is satisfying in its extent and variety. Women’s bags, $5.00 to $30.00. Women’s traveling bags, outfitted, $17.50 to $32.50. Women’s suit cases, black or brown, 20 to 26-inch sizes, $6.00 to $27.50. Men’s suit cases, $5.95 to $10.00—every size from 24 to 34 inches. Women’s outfitted suit cases, $14.50 to $120.00. Surely such a collection must meet any present demand. —Street floor.

Community Silver Plate The Aristocrat of the Dinner Table “The Aristocrat of the Dinner Table” is sure to be in keeping with your tasteful house. Community Plate looks like Sterling and costs no more than other plated ware. We feature, as eminently rich and handsome, Patrician, Sheraton, Georgian and Louis XV Community Plate. —Strest floor.

Good Things to Eat Are Essential . You’ll Find No Fault With Ayres Foods

NUTS, almonds, Brazil nuts, pecans, English walnuts and filberts, 23c a pound. IMPORTED ENGLISH WALNUTS, pound, 20cPECANS, Jumbo paper shells, 65o a pound. SHELLED ALMONDS, filberts. English walnuts and black walnuts, IIOc a pound. SHELLED PECANS, extra selected halves, 75c a pound. MINCEMEAT, condensed, S packages, 25c. MINCEMEAT, Heinz and Batavia brand, wet packed, 23c. 35c. 45c. 60c and 65c a Jar. PLUM PUDDING, Heinz and Batavia, 20c. 35c. GOc and 75c a can. BUTTER, Ayres' special creamery, 39c a pound. HAMS, Armour’s Star brand, 21c a pound. HAMS, Swift’s Premium, 23c a pound. BACON, Crown brand, fancy sliced, a one-poui^l box, 32c. SAUSAGE. Moss country made, highly seasoned, 25c a pound. BACON, country style cured, machine sliced, 25c a pound. COTTAGE CHEESE, 10c » pound. LARD, made especially for us of pure leaf fat. No. 3 pall. 60c; No. 5 pail. #1.00 and No. 10 pall, #2.00. COFFEE, Basement blend. 23c a pound. FLOUR, E-A-CO., very fine, a 24^4-pound sack for #1.40. RICE, fancy Japanese. 4 pounds for 25c.

SUGAR. Domino granulated, a 5-pound box, 40ci a 10-pound bag. 80c. and a 25-pound bag. #2.00. BRANDIED CHERRIES. #1.50 a quart Jar. BRANDIED CHERRIES, peara and apricots, quart jars, #1.75. PRESERVED FRUITS, spiced, all kinds, 60c a pint' or #1.00 a quart. PRESERVES, pure fruit, Batavia brand, onsp#und Jars. 40c; two-pound Jars, 75ci threopound Jars, #1.10; five-pound Jars. #1.75. CRYSTAL GINGER, 15c *nd 30c a box. SALAD CHERRIES. Batavia. 30c a bottlo. FRUIT COLORING, all kinds, 15c a bottlo. JAMS, all kinds, Batavia brand, one-pound Jars, 25c—plain or spiced. DATES, sugared, assorted, 10o and 25c a box. FARD DATES, stuffed, assorted. 35o a package. Plain dates, two packages, 25c, FIGS, a 6-ounce Jar, lOc. a 16-ounco box, 30c. FIGS, 35c and 60e a jar. SUN MAID RAISINS, two large packages. 25c. CURRANTS, Eagle brand, a one-pound package. 25c. CLUSTER TABLE RAISINS, 35c, 50c. 60c and 70c a package. OLIVES, ripe and green, J Oc to #1.50 a bottle. SALAD DRESSINGS, 10c. 25c. 30c and 50c a bottle. CRACKERS AND CAKES, Sunshine package goods, two for 7c* thiSe* for 25c and two for 25c. —Downstairs.

merely to continue to work at unguarded ir.achinery. and that partial or insufficient guard

does not save the master from liability, and re;

garding duties of guard

guard and proof by plaintiff are set out and approved. It is not necessary

to^stateall of the'law tn a single Instruction.

• 4) It ts not reversible

,■», »» error to exclude evidence upon a question which the court has admitted the appellant to admit some like evidence to support. (5) There was no error In refusing tendered Instructions, and the evi-

dence supports the verdict.

MORTGAGES-WIFE S LANDS—FORE-

CLOSURE.

2277?.* Alfred D. Creasier et al. vs John W. Brewer et al. Wells C. C. , Affirmed. Morris. J. UV Proceeding foreclosing a mortgage made to cover manv debts due different creditors and covering different parcels of land. U was not error to permit all of the beneficiaries to

was never recorded until after the execution of the mortgage, and the mortgagees had no knowledge of Ha existence. The former owner

(parent) being dead, the husband and wife joined in the mortgage as heir and wife, but none of the money from the mortgage was ever received by the wife grantee. Hhe could not question the validity of the mortgage on that piece of ground, as she waa estopped by her failure to record the deed, and permitting the mortagee to advance money on the mortgage. The Judgment ordering the other land to be first exhausted was all she could demand. Appellate Court. CARRIERS—LIABILITY ON FREIGHT SHIPMENTS. 9163. The Chesapeake A Ohio Railway Company vs. Seward W. Jordan. Delaware S. C. ! Affirmed. Felt. C. J. ; (1) Action for damages for failure to furnish l bars and delay in transportation of an inter- ■ state shipment of sheep. Judgment for $500. I It was rot necessary to tv-t out a copy of th# j bill of lading where it was alleged none was I given, nor to allege refusal to Issue or demand 1 for same, nor need the complaint state that 1 the appiicatioa was made for the car* in ac-

cordance with th* rules of the road. A. complaint may be sufficient to state a common law action outside the federal law, where it is shown that the road accepted the stock and failed to issue the bill of lading. The company can not shield itself by failing to issue the bill of lading. (2) The question of the verdict and the answers of the Jury is waived

by failing to state any points and authorities thereunder. (J) The shipment was made from Medford, about six miles from Muncte, on telephone conversations, there being no agent at Medford. The appellee had made previous

eclal if

at Medford. The appellee

shipments east and signed special contracts. There was nothing said in the telephone conversations about special contracts and appellant knew that appellee nor no one else aeivimpanied the shipment. The evidence do c a not establish appellant's defense under the special contract. The Jury specifically found that no custom of shipping under a special contract existed, so that many other questions are

eliminated.

INDUSTRIAL BOARD — APPEALS AND

QUESTIONS.

9791. Columbia School Supply Company vs.

Charles Lewis, Industrial 1,e ? * 8 motion to dismiss is overruled ered by the law. The appellee has moved to dismiss on the ground that such *■ * question of fact from which no » ~ lowed under the law. The court holds that the question of whether appellee !* * *f or an Independent contractor may be either » question of law or of fact; that If there U any evidence and inferences to •upport the finding that he was a eervant buU corfilcting evidence or inferences, then R ls » of fact which the appellate rourt will not re view, but if .taking the. evidence •tvorabletn appellee, the law would construe the "’* tI ° 1 “ as that of Independent contractor, then it Is a question of law which the appellate court may review under the law. PLEDGES - INSURANCE POL1CIES-CON-FUCTING CLAIMS. *776. Th# New Albany National Bank et al.

vs. Lizzie H. Brown et al. Clark C. C. Af-

firmed. McN' utt, J.

(W One (i had a policy of life Innurance and was badly involved. Ha pledged It to appellee for past Indebtedness, and at present advancements, and delivered it to her, and aha held it for some years. Afterward he represented that the assignment was incomplete, and obtained the policy for the purjiose of making another asaignment. but gave a newly executed assignment, and kept the policy and executed an assignment of It, and delivered it to appellant as collateral for a past and owing debt, and appellant has held it since. The delivery of the pledged policy to appellee perfected her title, and the fact that it waa after

exH

therein, nc against he

ward obtained and pledged to appellant for an existing debt did not deprive her of her right a nor ha* the statute of limitation run her. The laches of the- appellee could not be proved under the general denial of appellant to her crosa-complatnt. (2) The evidence supports the findings. This is a twenty-eight-nags opinion, going Into the law of pledge, and the Issues incident to the peculiar facts presented in this case. Effort to abstract complete would confuse more than enlighten.

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