Indiana State Sentinel, Volume 34, Number 52, Indianapolis, Marion County, 30 January 1889 — Page 3
THE INDIANA STATE SENTINEL. AVEDNESDAY, JANUARY 30. 1889.
CARPENTER IS BOUNCED
BUT SCOTT RAY DON'T GET THE SEAT. The Elections Committee Submit Two Reports od tbe Ray. Carpenter Cie A Lively Debate tn Which the Democrats Carry Off the Honor When the senate came to order Thursday morning the fall quota of senators allowed by the constitution was there. Mr. Thompson of Marion, who had been confined to his house nore than a week, had sufficiently recovered to attend and remained in his seat till the close of the session last night. The committee on elections reported on the Hay-CarpenU-r contested e'.cetion cose. Mr. Cox made the majority report, in favor of unseating Carpenter and stating Ray. This report is signed by all the democrats' of the committee. Mr. Thompson of Jasper, on behalf of the minority, submitted a report confirming Carpenter's title to his sect. Lincoln Nixon, v. ho has no superior as a Inadine clerk iu the country, read both reports in full, which tho senators listened to attentively. The majority report was as follows: Witbin the time fixed by law the eonte-tor, S-olt Fay, tiled in th ofti es of the clerks oi Mielhy and Idealer counties his notice of contest, showing Iiis legal right to content the i inn of the cou'estce, iNinjuet J. Carjx nter, to a vai in tats senate, allegiug s raue therefor1. The disqualification of the contestce to hold the eibce, in this, that immediately prior to and at 'ai l elections, said contestee wn gniliy of ollering, promising and giving bnlies to divers and sundry ipiali-f-"d voter- of .-liclbr ciiotv tor their aid. iiifluein-e, support and votes to him. the said contestee, for the purpose of procuring his, tbe said couteitee's election to s.ii otace. 'I. Peca'e of the ineligibility of paid contestee, in this, that irumcdiat Jt prior to and at s:tid election, said eonteMee war guilty of oflering britvs anil ard to divers and sundrv quali lied voters of said ouuty of be'.l;y, to indu f ai.l voters to vote for and suppert saii mtestee for said o3js; thereby procuring fur buue!f more than oni hundred votes, t tc :(. That on Not. 1S., one Edward Speer was the trustee C'f the townshipof Washington in I'ecatur county ; that a sikJi trustee he unlawfully presided as inspector of election then held in the portb-ea-t prwin'.t. wli with aid Speer constituted the b"rrl of election at said precinet. That a said election oue William TV. Iwe n a rstidiate tor the ortire of surveyor of I-catur county, and at said pn-ci net received 3ö4 votes for s.od ot&ce. And that said Speer wa kin to said Vil.iiui tV. 1we in being an uncle by consanguinity, and that said .'peer at the time eil knew Pi'jI kinship, an I at said preeinet tho costetee received a majority of -1) vote over th? eooteMor. These propositions are stated in various forms In th d'iuw of cr.tet. but without any material dirJeren-e in substanc. As to the !a-t proposition in wived in the not le c-f contest, it is agreed between the parties that Snetr wa the trustee of the Washington townhip ( Ieesfyr county) precinct, at the election a? in-p-ector a aileg d. and was at th.it time the brother c-f tbe maternal grandmother of William W. Lowe, w ho, at that election, was tbe republican candidate f'-'T surveyor of Iw-catur county, and was voted for at prid eiecnoo. as sliced. To thL notice of content Curpeuter files a general cboul, and a'so a pleading alleging crtaio informalities in tbe organization of lards of election in Shelby county, by re;ison of kinship of members the election board, being of kin to certain candi'lates. Ue have ran ful'y examined the deposition of itue.e, taken y "th.? partis-, and alo tak-n or;-l testimony pf witnesses pr'-iueed b-fre ihe committee by the parties, and in addition to the f.un axve al'ree i to, w.j find that at the election for poriafor in the ditrict coin posed of the counties of Shelby and l?catur, held on the tlth day of November, 1??, that in the county of Iecatur Samuel J. lartK-nter receivel 2,1 vote, Scott liay received J.S:i vot and Iujiai Dobbins received &? votes. Jn the county of sht-iby aniael J. jrp nter received votes, rjoott'Uiy received 3, lu7 votes and iHiugias IVtbbins received II - votes. Showing upon the fac of the return that the contstee, Crt'enter, received an abrogate vote oi 5,ti votes an 1 S?ott Far the segregate vote of 5,-W, and Iwiilass robhiDs received an a;;n at vote of .'-", pivinjc Mr. Carpenter a plurality of eventy-nine ou over tbe contf -tor, Ray. We further tind that th" oonteMeo met one Thud I- Major, an elector of -vhclby county, shortly before the election and diked with him about the election, and. by appointment, met Major at a livery st:.hl in the city of Shelhyville and ?i,rni!ieantly inquired Cf Ma'or that if he (.Major) should bnd some tnouey in a man. 'er whether it would bo all riht, wtien i arpenter drp"ited in a man;rr in the stvble o that Major Coul.l find it. Ma'or found it with but littie trouf.le and appropriated it. Vpon the saraed.ty Carpent'-r met o:n Austin JI"U-e. a br;:! voter of Shelby county, shortly lcfore the election at the am livery ssable, in the city of She'ibwille, by an appointment with House, and after dicu'in7 eleciioo matters and bis candidarv, d' posite'i 5i in a feed-box in tbe stable, and told JI.-iie to look in the box and be would find something. House looked tu the box and found two nveri. Uar bills and put them in bis pocket and took it ay. The said Carpeuter also paid to one Thomas H. Ma.boliu. a legal voter f .he!by county, upon one occasion and in ahout two weeks hofore the election an additional sum of SIj to intluence said Malolm to rot and work for the said Carpenter agamst the said conteytor, Fav. We farther find that shortly before the election the contestee. Carpenter, gave to Kedin Porsn.a q.ialiaed voter of helby county, the sum ofi.Soby tnnsmitting it to hitn by the bands of one George 11. Dunn, who was a friend and supporter of Carpenter, for the purpose of brib.ng said Ioran to vote ioT and support the ele tion of said Carpenter. Again, neiore the election. Carp nter entered into a corrupt contract with one Andrew J. Ensniingr-r, a legil voter of ?helby county, to pav bitu JV t- intluenc? the vote and conduct of said Ensmioger in said election, and dt I send Knstninger the sum of ;.j by the hands of a mutual friend who refused to receive the amount bc-cauae tho holt contract price was tot paid. u the Monday before tbe election Carpenter cave e nf William Henry, a Wal voter, to iu.'itieDCe hi sj'.te und conduct in the election, and ajokized for id-, inability to give birn more lecaue he had paid tut all of his money to other voters on that day. A short time Ixi'oreth: conversation Carpenter cave J"hu Henry, a brother of the above-naiue! witres.-, a ho ot the value of sl'j to secure his voi and induenee -n the election. Miorrly before the election Carpenter niet James l"arnett,a lel voter of ."helby county and oütred b!m " to influent his tou and alo to g) into I-ol.le towDship, thelbr county, to work for him on the day of the election, which oer Parnett refund. On Minday b-fore the election Pavid V- Lee, a legal voter ot heiby countv, w ent t- tbe residence of t aryuter by rjuest to the company with Wo. Arnold, and CarjK nter gave him a written ord?r upon a Jriend PjT .". who, he said, was holding his tuouey, and who paid the order npn presentation. Iu the city of Shelby vide rhortly I tore the election t.arpouter orlerpd Wyait i;nis, a lo;al voter of Slteiby county, a um of money if be would go out and work f-.-r bis eleetior.. Mr. .'arf'nter went upon the tand as a witness in bis own behalf, and did not by his own evidence, or thi e viilen of any other wither, attempt to ex plain, isupeaeh or deny the t"tim.cy of the foregoing sjritfje.-, or ai-pute, ex lain or jusliiy a siitary f'irt a a 1 ve vt out with tb-j single cxcertin of the evidence of James Harnett. As to James liiur.ctt, Mr. ( arj eater denies that be at any time ercrhjd auy j"nvera'ion with hiiu, at.d introduce t:rtren witnesses to impeach his character for truth, taot of whom admit personal hostility to the witr.e, while theoontestor introduce thirty-two reputarie witneses who sustain his hiracter for trtitii. jMso oue Jovhua James, a reputable witness, tesliiies t'iat he pxw.Carpenter talking with p..irrt in a a1 on, and also at the time aud place fixed by Harr.ctt, i.i his testimony, as having the conversation with arj)ntrr, thus ei-.rioirat!fjg the evuienco of arl.ett a against t'e statenient of Carpenter that h bad such conversation with liarntt, which pr'xlii.e tiie convi.-tion lu oer mirwlit of the truth of the statetu'ntof Mr. Itnrtiett. We are at stied. fiom the eviince in the cae, that In each of the forevmg instance of the giving and orttring of money by tho cntestee, Carp't!t'r, to the voters named, it tü oflered and given as briliei to corruptly eure bis ei.tion to the seit in this senate which he now occupies, and by so doing be has di.Minalihed himself p bold tl-.e ot!k-e of enator from the district corniced .f the coontii l f Shelby and Decatur, under sec. ;7 f the B vl-ed Statutes, being pec. 2 of art. 1 of the constitution of the state of Indiana, which read m follows, to-wit: 6. "Every peron shall be diitialitjed for holdJr: off.ee d'jritig the term for which he may have r-n elected who shall have given or olterel a bribe, threat or reward, to secure his election." There was no effort by the twi teste before the enmmission, or your com mit'ee. to prove any act of bribery by liar, ini there is an entire alo:ice of evidence upon thit an:jt a.s to him. Tbe evid'nr further pb.w, that the voters of the district had full notic of Mr. Carpenter's disability to hold the ottii-e of senator, by reason of his brilwry, a:id oTers t bribe at and before the time he was voted for, in the mott public manner that it could be piven in such a ca.w?. The evidence shows that it was generally and notoriously known and talked by tbe voters of t he district that arpenter was u.sinjf iuney to bribe voters to secure bis eWtion. Mr. Ray, who was and now is the editor and proprietor of a daily and weekly newspaper, printed nd pnblishtvl in the city of Shelbyviile, and with Um combined circulation of more that two thousand live hundred, and which was distributed in the two ewi n ties eom posing said district, repeatedly, by articles and notices in his paper, called the attention of voters to the fa-t that Carpenter was using money to cure his election. Also, flay upon several oeeaisjoo In his ppec.hes at diflirent points iu the two counties in the public gatherings, during the campaign, called public attention to the fact that Carpenter was usin; money to cur hi election by briery. Th-se matters became so public and notorious in Fbelbyville that when 'arpenier came to town fas expressed by a witoea the corrupt and purchasable voters hovered around and flocked after him like vultures. Your onnttxitfee Is fnrther satisfied from the evidence that tho eontetee procured by the corrupt nse of money anore than loft votvw, and more than the pluraJitv by which he was d-clared elected, an! that, therefore, tbo contestor received at sai I eler tl'.n a plurality of the unbought votes in said div tri-U With tliis report your comiaitte files the aviitince Uktu u a part tlicrtu.
Wherefore your committee recommends the adoption of the following resolution: Resolved, That it is tbe judgment of the senate of the state of Indiana that Samuel J. Carpenter, who is now holding a seat in the senate of the state of Indiana as a member of tbe Fiftv-sixth ge icral assembly from the district composed of the counties of Shelby and Iecatnr, has disoualiüe! and rendered himself ineligible from holding said office for and during the term for which he was declared clectei by giving and otltriu; to give to qualltie! voters of said district, at th said election, bribe of large eums of money to secure his elation, and, that therefore, and because of said britery he now be, and hereby is, nneatcd and expelled. ' And 1 it further iiesolved. That it is tbe judgment of tbe senate of the state ot Indiana that Scott Kay, contestor, who received the next highest number of votes for ss id ortVe of state senator from said district, is qualified for aud entitled to bold the same for and during the legal term of said office, and that he now be, and berehy is, declsreil to be the legal occupant of siid offic "of tat" senator from the aforesaid counties of Shelby and lH?catur for said term, anl that he be ii. jw sworn in as such senator. J. i". fox, Chairman of Committee on Elections, on iVhnll of the Majority. Mr. Cox, after the reading of his report, morcd its nduption. but Mr. Shock ney raised the point of order that the minority report must le; noted upon first. "That can be arranged all right," said the moderator. "Yes, but the ch.nir should sustain or reject the point of order," interrupted the irrepressible Johnson. "1 sustain the point of order," ruled the chair. Alter the readiti? of the minority report, the president stated that he had a book on parliamentary law before him which he had read - carefully, lie believed that he understood the rights of both sides, and intended to see that the minority and the majority should have a fair hearing. "I understand that some understanding or Agreement between the representatives of the majority and the minority, regarding the speeches that are to be delivered, has been made, sai'i he Nearly the whole of Friday's session was taken up in realin portions of the evidence submitted in the Hay-Carpenter contest, upon the request of tbe hamlsome senator from Tippecatioe, Mr. Preiser, but as he did not listen to its reaninc it was n move to kill time and delay final action. Mr. Hays then consumed the balance of the morning session with u crelil!e speech in favor of the briber from Shelby. In "the afternoon Mr. Hays remmed his speech, und at the conclusion Mr. Thompson of Jasper closed with another "leal"' argument. A motion P Indefinitely postpone the report was lost, anil when Mr. Cox demanded the yeas
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k j. c.r.ri:.NTtE. and nays upon the adoption of the minority report, Mr. lloyd, who had been crowded out of his feat by tlie invading lobby inarched rtp to the front with an armful ot books and demanded to be heard. "It's pretty hard on a fell iw, especially when he is loaded," remarked the senator from Hamilton, after bein? ruled out of orler. "Oh, never mind," said Mr. Mullinix, "You tan unload some other time." After the minority report bad been boiled down, the question recurred upon the adoption of the majority report, which contained two propositions divested of legal and parliamentary verhiace would read: "Resolved, that Carpenter is hereby declared ineligible, and that he be and he is hereby unseated and expelled from the senate," and the other: "Resolved, That Scott Kay is entitled to and he is hereby declared elected to this senate." "I demand a division of the question," said Mr. I'rrnston. Such a demand does not often come from the majority and it created a sensation. The vote on the rejection of the minority report dicloed tbe fact that the democrats were united on the tirst proposition of the question, that Carpenter should be unseated, but when a division of the question was ordered it alo showed that Scott Kay would fare no better than Carpenter; then he, too, would be left out in the cold. The resolution to "unseat and expell" Carpenter went through all riudit.butas soon as the vote had been announced the republicans took advantage of the surplusage of the resolution to entangle the senate and Mr. Chase on points of orders and appeals from the chair from which which they were not able to extricate themselves till 7 o'clock. When Mr. Cox ubmittel his report, Mr. Johnson soon discovered a flaw in that part of the report which declarel that "Carpenter be and he is hereby unseated nnd expelled from the senate." Night before last they caucused upon the matter and decided to let the vote be takea and then raise the point of order that the question had been lost, from the fact that the vote was on a question to expel, which the constitution requires a two-thirds vote to accomplish. The point of order was raised bv Mr. Alford, but Mr. Johnson furnished the areument in its support. After unloading himself. Mr. Johnpin said: "Now I ask tbe president to declare the vote lost," at the same time shakintr iiis fist at the moderator, as. much as to say, "Now eo back on your caucus agreement, if you dare!" Mr. Chase, in a trembling voice, said: "I declare the vote lost." Mr. Ilarrett "How can the vote be lost when the majority voted for it?" In order to correct the report by expunging froui it "expel ' Mr. Crmston moved to reconsider the vote by w hich it wasalopted, but forgot to demand the previous qestion upon that motion. That omission was the cause of three hour of wrangle between the democrats on one side pnl the republicans and Treacher Chase on the other. For the first time Mr. Chase came unJer the party lash but it was against his conviction and only the threats of the republicans prevented him from being impartial. He wanted to be fair, but whenever no showed signs of weakness the senator from Wayne threatened him. Mr. I'rinston's motion was not put, but the chair allowed the motions to adjourn to be put, which the lemoerata voted down every time. Finally Mr. Barrett planted himself in front of his seat, nnd remainel there for over an hour, demanding that the rieht to appeal from the decisiou of the chair that the motion of Mr. L'rinston was out of order. A hot debate was kept tip between Mr. Barrett and Mr. Johnson during this time. The democratic letoler had the best of the arguments, but the leader of the "other side" had i'reacber Chase with him and decided all the points of order azninst Karrett. During the excitement, the lobby almost took possession of the eer.ttc. Not only were the members' seats invaded, but men and women crowded about the president's table aud drove the reporters from their desks Foor Mr. Chase was in deep water; he looked nt reverently vid then he would look toward Mr. Johason appealingiy, but the Wayne county fire-cater would not let op on him. "Now is the time to assert your manhood, Mr. I'resident'threateningly shoutedJohuson when a motion to adjourn hai been made. The republicans wanted Chase to declare the senate adjourned before a demand for the yeas and nays could be made by the democrats, but Barrett and I'rrnston foiled all such attempts. 'There shall be free lance," said the chair, after Barrett haJ demanded for the one hnndredth time to put the question appealin; from the lecisions o' the chair. Taking advantage of the situation, Mr. Barrett respectfully but firmly demanded whether the chair would give him the right to appeal. Mr. Chase looked at him for a moment, then at Johnson, who would shake his finger at him. He was an object of pity, ife wanted to do right, but he could not do eo without displeasing his party. Finally, after a pauset he looked at Mr. Barrett, who was still upon his feet, and asked. "What does the senator from Allen nam?" I am waiting for the chair to decide upon my motion to appeal," answered Mr. Barrett in tones that convinced Mr. Chase that enough time had been fooled away by his dilly-dallying. "The senator from Allen has the right to appeal," csrae from the chair in a sepulchral voice. The decision of the chair was not sustained and the vote adopting the majority report was reconsidered aud the report recommitted. Mr. Cox, from the committee on elections, immediately reported it back with the word "expelled" stricken out and in that form it was aJopted by a strict' party vote. So Carpenter was stricken from the roster of the senate. By this time it was 7 o'clock, anl fearing that the republicans would resort to filibustering on th question of seating Scott ilay, a motion was mado to postpone the further con
sideration of the case till Thursday, but the republicans gave assurance that they were tired, too, aud would obstruct no more. The question then recurred upon the seating of Scott Ray which was soon dispose! of in the negative by a vote of 40 to P. All the republicans and all the democrats voted acainst seatIns Kav, except Senators Burke, Byrd, Foley, Hale, Hayden, Jackson, McClurc, Mullinix, and Thompson of I'ulaski. This action leaves the senatorial district of Shelby and Decatur unrepresented in the senate. The governor will probably call a special election to till the vacancy, very soon. The district is democratic. ACTION ON SENATE BILLS.
The committee on roads recommended the passage of Mr. Urmston's free road bill, S. 131, and the indefinite postponement of Mr. Hubbell's road bill, S. 70. The latter report was concurred in. The report recommending the indefinite postponement of Mr. Harnes' till, S. 176, concerning the taxation of officers' fees, was concurred in. The committee on labor and labor statistics reported fav. rably Mr. Shockney's bill, S. 1Ö6, to amend sec. fC!) of the IL S.; also, Senator Barrett's bill, S. ! 70, for the incorporation of labor statistic; also, his bill, S. 20S; also, Mr. Hudson's bill, S. 56, supplemental to the bureau of statistics acts. Mr. Logsdon's bill to change the time of holding court in Posey county passed. After Mr. Johnson had filed his daily protest Mr. Alford offered a resolution for the constitutional prohibition of the manufacture ami sale of alcoholic liquors. The following bills were introduced and referred: Py Kerth: rs. CAVl To authorize the incorporation of loan, trust and sale deposit companies. liy Byrd: S. ?26. To legalize the records of circuit and superior courts and sheriilV sales of real e.-t;it! made previous to the sijjnitiijof records by sj-oeial judges. Hy Andrew: S. TZ". To ascertain the liabilities of bonds and securities of administrators, etc. By Clenmiens: S. C2n To amend sec, IU of the justices act of sec. 1,4: to U. S. of Hsl. Dy Francis: . . To prevent blacklisting of discharged ciuplve. hy Ibiys: S. i;o.J To pay ?1T2.73 to Cornelius Llovd for a claim. By Hubhell : (S. 1.1 To amend sees. 43 and 0 of the criminal procedure act. UyLogsdon: S. 211.1 To make certain deduo th'Ds front taxes on real estat; to tax mortgages, etc. liy jsvhrnytr: S. 212. To authorize the purchase of tena res for the Loganport insane bospitul. By Sears: S. 2TJ.J To legalize the board of directors of the Clinton draw bridge, company. By Smith: S. 23S.J To prevent the trapping and killing of quail. P.y Urniston: S 23.". To amend sec, 214 of the soldiers' and sailors' orphan home ant repealing certain sections. Also . 239.) to amend see, 2 of the county auditor's act, being see, .S,S!4 of the R. S. Alo (S, 2:s4- to furnish othce room and expenses to county school superintendents, Bv Barrett: S. '2'. Covering primary elections. By Soot t: S. 239. To amend the free gravel road repair act. By Tray lor: TS. 240.1 To amend tbe act for the detection and apprehension of house thieves. By Francis: (S. 2 To appropriate fcnoo to erect a monument over the grave of Jonathan Jennings, the first governor of Indiana. By IeMott: S. 244. 1 To authorize tbe ctistolian of military nags to deliver them to associations of survivors. Also S. 24J.l to increase attendance upon public chool. Compulsory. By Huds-m: S. 24Ö.) To secure registration of pluiuhers in cities of 5.i." Py.Mfor l: S. 217 For release of liens In deeds for real etaU By Harvey ; S. 2tt. To maintain political pnrity In primary and other elections. By lg don : S. 24;t. ) To amend a law re'ating to im-rp. rated towns laying out streets alleys. Alo S. 2-si. J to provide for steam boilers aud appointwent of a boiler inspector. By Basset t: S. 2-"l.J To repeal and amend an act relating to tiwnhip". By t-car.s: ?i. 2i2. Supplemental to tbe township bridge n pair act. By Boyd: s. 2."3. By request, referring to 6sh pot" Is. By Howard: rv 2VC To define the powers of state board of edu ation. By t lernmens: fs. 2-" To amend sec. 2 of an act to divide the state Into judicial ctrenits. The commitee on education returned Bar rett's bill, S. 14 for night schools in certain cities; aln, DeMotte 's bill, S. .. to amend sec. 4,.T of R.S.; also, Johnson's bill, S. 122, to amend the school law; all with favorable reports thereon. The governor's nomination of Barnabas C. Hobbs of F'arke county as trustee of the state normal school for four years from May 1, 1S8 (appointed by Got, liray), was confirmed. Mr. lresser introduced a bill, S. 243, tsa direct the copying and indexing of certain land records. ACTION ON HOUSE BILbS. After a squabble over Mr. Nngent's change of vote Monday on the local option bill house bill 137 came up. It authorizes the burial of indigent ex-soldiers by counties at an expense not to succeed .$"). Mr. Adams' amendment to place the expense at $ö0 was adopted. Mr. Ader's amendment to the eflect that $10 each be appropriated for the burial of Putnam county lawyers was defeated. After the defeat of Mr. Stephenson's amendment to limit the application of the bill to ex-soldiers not members of organizations which bury their dead the bill was ordered enirrossed. Mr. Beasley introduced a bill, 11. R, 2"4, to limit state prison wardens' salaries to $2,.t"0 per annum. Mr. Nolan introduced a bill, II. K. 2.V, leiralizing the organization of loan, trust ami safe deposit companies. Mr. HarreiPs resolution for a constitutional amendment fixing the term of state school superintendent at four years and making him inel'gible for re-election was referred. H. IL 70, to prevent slander was read second time aud recomtnittel to the judiciary committee. H. K, til. for removing driftwood from treanis was ordered engrossed; also H. R, 235, to prohibit mutilation of soldiers' discharge papers, II. II. 20, to pay a bonus for English sparrows killed was indefinitely postponed. Mr. Work introduced II 11. 2, to fix time for holding court in the Fourth circuit II. 1L 131, relating to toll-gates was indefinitely postponed., H. IL oJ, relating to the construction of toll roads was read second time with a committee recommendation for an amendment fixing fees and designating the time for the condemnation of materials. At the afternoon session II. R. 161, relating to running traction engines on bridges was recommitted with an amendment striking out the emergency clause. II. 1L 72, for the corfstruct on of levees, was ordered engrossed; also H. Ii. 11, requiring traction engines to give notice of their approach (emergency clause stricken out); also II. Ii, 12, for a live-stock sanitary commission of three, and a state veterinary surgeon, at $2,0iO per annum; also II. IL 94, to encourage the breeding of improved stock (emergency clause stricken out); also II. R. 120, appropriatine $3,000 for an agricultural bureau; also II. Ii. 85, to amend the bureau of statistics act. The following bills passed : II. R. 4", ceding to United States jurisdiction overcertain lands; H. R. J7, to legalize acts of notaries publio whose commisBious have expired, or who were ineligible; H. R. 41, to ameud sec. 9 of act approved March 8, 1873; H. K. 121, to appropriate fieO.OOO for the state normal school; II. K. 14, to amend sec. 4,.'itü, U. S. of '$1, iu relation to schools; II. R, 108, for the establishment of township libraries. The following bills were introduced: ByKobby: II. R. Zoo. To open and maintain highwavs. Ii Henry: IT. R. 2V. Relating to the exemption of cities from liability for costs. By Fields: (H. It, 2oi J Relating; to the compiling and indexing ot certain state records. By Woodward: (H. IL 2fd. Authorizing township trustees and trustees of corporation t levy taxes and provide a general system of common schools in cities of 30,eou inhabitants By Conn: H. U. 262. Relating to members of military organization wearing their uniforms on the street except nnder orders. By Moon: (II. IL 2tt.l Amending sec. 443, R. St., ISM, relating to general svstein of common schools. By LangstafT: (H. Ii. 2f4. lUdating to the appointment oi special deputy sberitls. Br fierce: (II. K. 20.VJ To amend see. l.frM, of U. K, concerning criminal prosecutions. Also H. R. 206 to amend sec. 1,027, R. S., relating to crimes. By Shambaugh: R. 267. To authorize the sale of certain state lauds, and the recovery of lands belonging thereto. Also (H. R. 2'W to amend ec. .Vi, R. S., relating to the appointment notaries publie. By Custer: If. R. 260. To authorize the purchase of ten seres oi land In Cass county for the state insane hospiul situated at Lo;anrort." Also II. R. 270J to provide for the trimmingot hedge fences, etc ByfKdan: (II. R. 271.) To appropriate SoO.000 to tbe tat university for equipping library and buildlogs. By Cox: H. R. 272. To authorize county commissioners to purchase toll roads and make the in free. By Applegate: fit. R. 273. To amend the laws concerning to the sunrem? court so as to proside for the appointment of a sheri f for said court. By Anderson: (If. R. 274. To provide for the examination of inspectors for coal mines. Br rroil: H. U. 275. To amend sec. 44.19 of the R. S. of lsol concerning common schools. By Stevenson: H. R. 276. To amend sec, 51P8 of the It. R of 181 relating to interest. By Vandolah: (II. R. 277. To repeal an act relating to the rent on telephones. Also H. R. 27S.) coacxrulcj jurisdiction oi jiuUcos of tbe pcttco.
By Kelley: II. R. 279. Concerning pensions and property purchased Therewith. By Mr. Crsnor: H. K. 2i. To appropriate ?2o,000 to lower and clean the channel ot W hite viver in Delaware county. Also: H. IL 21. To prohibit the use by railroad " companies of cars requiring-employes to go between to couple while In motion. BV Mr. Ilckhardt: II. R. 22.J Tolgalize the acts of the board of trustees and oncers of the town of Hiintitigburg, Ind. Ey Mr. Willard: H. R. 23.1 To encourage life convicts, and declare that twenty-five years shalt constitute a lila sentence. Also: H. R. 2a 4. J To reculate transportation bv rallrod companies. By Mr. Dewey: (II. R.'2s5. To authorize the organization and holdiug of agriculture fair associations. By Mr Claypool: II. R. 2. To make it a misdemeanor for auy public officer to accept railroad passe free. By Mr. Moon: IL R. 2?7.1 To amend sec 10 of the drainage act and repeal certain laws connected therewith. By Mr. BrownW: II. R. 21 Concerning the manufacture of tile: providing alien on real estate purchasers. Also: H. R 23. Requiring lien holders to make satisfaction, on records when the same Is paid. By Mr. Warrum: II. R. 293. Defining certain crimes against public "policy. Also: (if. IL 2H1. To prohibit screens before saloon d'wrs, and to provide for ccAts in criminal cases. Bv Mr. Mendenhall: Ml. if, 292. To lepeal acts 4,422 and 4,423 IL S., and tlefins duties, etc.. of state board ot education. Also: fH. IL 2".KJ. To enforce tbe educational rights of children. By Mr. Curtis: H. Ii. 24. To amend sec, 3.SÖ7 of IL S , relating to luininc. By Mr. Iop: II. IL 2'... To appropriate money for buildiog and repairing deai and dumb institution. By Mr. Nuwent: H. R. C. For the relief of Joseph Ke'saand Isaac Uollingsworth. By Mr. White: (H. R. 2V7. To amend seJ. 4 of act "approved April 11, 1?5, relatingto the pi act ice of medicine. By Mr. l'.agon: II. R. COS. To provide for comrdda'ting, distributing, etc., a state series of school By Willard: IL IL 2W. To limit tho conveyance of property to institutions to one-fourth of the amount of the estate. By Foster: iL 1L 300. For the protection of quails. By finches: II. R. 301. Relating to the Western mutual lifo conipanv. HyU-nrv: (II. IL 02. Amending sec. 21. R. S. 81, relating to nublic offices. Also II. R. aOSj relating to an appeal from justice of peace court. By Bigham: II. B, Relating to the claim ot J. L. Spanlding. ByBighatu: II. R. 305. Relating to the claim of Trter Roiitier. By l-.iti-st.Hf: II. IL oOö. Making eight hours a day's lalMr. By Robhins: (II. IL C07. Relating to correcting lani patents. By Pleasants: 11. R. 3m Relating to associations not having oecuniarr profits. By Adams: IL IL SuJ.J Amending sea 2,4S4, R. S. My Stevenson: II. R. 31ft. Relating to state prisons and creating a board to consist of five members, to be appointed by the governor. By Wülard: H. IL 811. Fixing the charget on railroads for passengers. By Fields: H. IL 315. To amend sec 10 relating to perjury. Hy Timmons: HI. IL 312.J To amend see, 200 ol an act relating to killing of hsh. Bv Gullen: H. S. ZX To amend sec 5,311, R. S. M, relating to lbtuor license. Also II. IL 314 to amend sec 2ti3 IL S., relating to recovery of real estate alter twenty years. By Oavi.s: H. R. 3.157. Empowering a trustee of Steuben township, Steuben oouotr, to sell certain lands at auction. Also H. F, 3I7J to amend sec 2,117 R. 5., relating to the taking of fish by spears. By Metger: 11. IL 3I& Relating to the vacation of private burial ground. By Beasly: II. IL öl!. To legalize the acts of board of trustees of Shelburn, Sullivan oonntv. The constitutional rule was susended and the bill was read the second time by title, and third time by section, and pased veas, p.s; navs, ft. ByBcaley: II. R. ö.) Relating to tbe duties of v hool trustees and directors.. By Wells: (H. R. 321. J Relating to furnishing couuty superintendent suits le rooms. By Long: H. 1L 322. Relating to compulsory eduiaiiou. ByCioo1: II. IL 23. Relating to the removal of court-houses by couuty comminstouers. By Wm. Fulton: (H. IL :t-'4.1 Concrning the sale of pernicious literature. Also til. R 325.) to amend sec. 1,917, R. S., concerning publie nlt'enscs. By Puynolds: ( II. IL 321. (To amend sec 4,4.17, R. S., ifssi, concerning languages to be taught in the common rchools. By (ieo. Fulton: II. R. 327. To define tbe Twentr-eighth and Forty-eighth judicial circuit and create the Fifth p.ili:ial circuit. . By A.lauis: U. R. 32S. To prohibit obstruction of ditch. By Meek: IL IL 32a Relating to the camping on tbe highways and building of tires thereon. II. IL 14, providing for the loaning of school funds, passed. IT. IL 10S relating to common schools, establishing township libraries anI requiring cash payment on taxes passed. WANT TO EXAMINE DUDLEY. The Attorneys For New York Papers Try to Get i Cli.-iuce at II I in. New Yokk, Jan. 25. Several suits against newspapers brought by Col. W. W. Dudley to recover $25,000 from each for publication of and comment upon the "blocks-of-five" letter, came up to-day before Justice Patterson, in the supreme court. One motion to vacate the order extending the time of tho Commercial AJvtrtlser to answer was denied, and decision was reserved on motions to vacate the orders granted to the Tiwt and World for the examination of Col. Dudley before filing answer, Mr. Einstein, counsel for the Tims, said he would take Dudley's testimony in Washington if convenient to him. New York Special (Jan. 24) to (tlobe-TVmocrat. The Dudley letter caae came tip to-day in the supreme court chamber before Judge Pattersou. William W. Dudley, the alleged author of the celebrated "blocks of live" letter, recently began suits against the Enning j'ott, the New York Tirrts, the Commercial-A'lrtrt iter and the New York M'orH, claiming 25,000 from each for publishing the letter. The Kreiling l'oxt has, throiiL'h its counsel, put in an answer to the complaint of Mr. Dudley, declining to pay any damages as balin for his wounded feelings. The other papers have taken a slightly dillerent course. Through their several counsels, they obtained an order requirin? the plaintiil to submit to an examination, in order that they might be able to put in an answer to the complaint. As soon as the order was obtained the plaintiff left the state, and the defendant's counsel was unable to serve the order. In the meantime the defendants obtained' from the court extensions of time in which to serve their answer. Then Col. Bliss, counsel for Dudley, gave notice of bis intention to move that the order for his client to be examined be vacated, and argument on that motion was to have taken place this morning before Judge Patterson. At the time appointed counsel appeared and Col. Bliss made Iiis motion, but in the consequence of the absence of one of the counsel for the Vir, Mr. Einstein, the formal argument was postponed until to-morrow morning. There were a few pleasant passages at arms between counsel. Col. Bliss complained that he could not get answers to his client's eomplniut. Delancy Nicoll. who represented the H'orU, said that the colonel could get an answer as soon as he produced his client for enamiiiation, in accordance with the order of the cotirL "Bring on your client from Washington," sail Mr. Nicoll; "it is only a few hours' journev, and as soon as we have examined him we will put in our answer." Col. Bliss laut tied, and the case was then set down for to-morrow morning. "The question has already been settled by the court of appeals," said Mr. Nicoll, in speaking of the case afterward. "The plaintiil must submit to an examination, when ordered to do wo by the court, where it is necessary to ennble the defense to put in their answer. This defendant, however, after suing us in our courts, remains ouUide of the jurisdiction and refuses to submit to the practice of the courts in this state."
A SPECIAL ELECTION To Choose Joint Senator From Decatur and Shelby Counties. Monday's Sentinel. To-day Secy, of the Senate Smith will ofcially notify the governor of the existence of a vacancy in the senatorial district of Shelby and Decatur. Sec 4,732 of the revised statutes makes it the duty of the governor to call a special election at once by issuing a writ of election, directed to the sheriffs of Shelby and Decatnr, to give ten'days' notice of such special election. Feb. 7 is the earliest day for which the election can be called. The democrats will nominate a man who can get the lull party vote, and he will be elected, as the district is democratic. The republicans, it is said, will renominate Carpenter, although he has been unseated for bribery and is understood to be under indictment for that crime. The Late Congressman's Funeral. St. Joseph, Mo., Jan. 27. Tbe remains of Congressman James N. Burnes were interred at ML Mora cemetery in this city after appropriate ceremonies at "Ayr Lawn," the country home, at 4 o'clock this afternoon. The day was bitter cold and the Knights Templars, who had charge of the funeral, were compelled to dispense with the ceremonies at the grave. In addition to the congressional escort. Gov. Francis and state officials. ex-Govs. Morehouse and Woodson and members of the legislature to tho cumber of tweiitj were present.
GOSSIP FROM TIIE CAPITAL
SENATE'S BILL OF MONSTROSITIES. Allison TV11I Tie Secretary of the Treasury and Blaine Will De Pnt Where He Wants To Go Judge Woods' Charge CondemnedWeek in Congress. "Washington, Jan. 27. SpeciaL The senate substitute, as The Sentinel readers know, passed on Tuesday afternoon at 5 o'clock. Every Indianian, of whatever party predictions, ought to rejoice that their two senators were democrats and voted against iL It would have been a standing disgrace for Indiana to have had a senator who would have voted for the bill of monstrosities. It is estimated by experts .that the bill increases the tax on the necessaries of life fully 5,000,(s V-and at a time when both parties were pledged to reduce taxation instead of increasing iL If the true import of the grand robbery attempted could be thoroughly understood by the American people, the republican party would not carry a congressional district in 1&X and 12 outside of Vermont. There was but little interest to attract when the vote was taken. During the afternoon, Vest, Vance, Voorhees, Turpie, Saulsbury and Gray made short speeches, which ought to be read by everybody who can read at all. While Vest was speaking Plumb, who often plays the role of an "Intellectual Alexander," attempted a little wit about wooden screws. Vest retorted that he had heard something about "frying the fat" out of the Pennsylvania manufacturers, but he knew nothing about money being used for corrupt purposes. The Kansas man turned red to the roots of his hair, and subsbled, ill concealing his mortification. He knew what was thrust at him, ami attempted no more Cheap John witticisms. In speaking of Plumb, one is reminded of the show of imlependence he made of the steel beam trust. He was silenced however, and his amendment creating a La ritF commission was incorporated bodily into the bill, probably as the price of his cessation of pposition. As the commission will create offices, it was of course let into tho bill, being another way to spend the people's money. Anyway to get rid of the surplus except by stopping high taxation. The Samoan difficulty is stirring up more talk in the newspapers than anywhere else. There is a man, said to be from Maine (not Blaine), who is spoiling for a racket. When asked how the United States would fare in a naval warfare with Germany, he is said to have given this highly courageous answer: "Oli, d n a navy; what we want is backbone!" A very useful part of human anatomy is a backbone, and if it can be made to take the place of war-ships in a fisrht the tax-payers of this country will have reason to rejoice. In a few weeks "King" James will be at the helm and will doubtless give an exhibition of his prowess similar to that he gave the people some years aco in a little dust raised with a South American republic. There are a few oldfashioned citizens who thought at that time that the vertebrael column was much then iu demand and was wanting. There has been eo much said about the Monroe doctrine, fisheries, British lion, Panama canal, etc., on the republican side of the senate chamber that it w ill be refreshing to see the windy talk put into some kind of practical action. It is probable, however, that when the diplomatic fovers are transferred to the republican premier, there will be less gush, less Fonrth of July oratory, and quite as much deference if not more paid to (Jueen Victoria and Bismarck. The next fishery treaty will not be debated with open doors, ilighfalutin speeches have hal their day, and when it comes to actual legislation, that will accomplish something the New England statesmen will be somewhat guarded in their remarks. Cabinet speculations are again rife. Allison is said to be booked for the treasury, notwithstanding his endowment of Claikson. Allison's course on the tariff bill can be explained in no other way, for in takinz the position he did, be not only went beyond all consistency, but far beyond what he himself believed, it he ever had an honest conviction. It is safe therefore to say that the H'oH l's Indianapolis correspondent is right and Allison will le secretary of the treasury. Blaine, of course, will be put where he wants to go. The alvance candidate for public printer has been here. Maybe he Is here yeL He seems confident he will lie appointed. If he is, some Indianapolis gentlemen will be disappointed. Judge Woods' last charpe has not helped him any. In the supreme confidence with which republicans, to shield their own, have heretofore violated all rules, not only of law, but official rectitude, he may have purely b-lieved that this last scandalous somersault would be overlooked and som forgotten. He is mistaken. It will not down. His misinterpretation becomes more apparent each day as his conduct is discussed. The eastern press doesn't let up, and men don't quit talking. A grin, a ptttl o: the cheek, a leer of the eye, does not satisfy men of independent thought. He will learn in time, if he dues not know now, that he has placed a blotch on his name that will never be etlaeed. People wonder why, if innocent of the charges made by The Sentinel, he does not attach its editor for contempt. It pays after all to be honest. A NEW I. O. O. F. BUILDING. Dedication of An r.legnnt New Hall at Clin, ton, Vermillion Cnnnty. Clinton, Jan. 27. Special. Perhaps the most enjoyable social event in the history of odd fellowship in Clinton occurred Friday night, the occasion being the dedication of the elegant new I. 0. O. F. hall on High-sL Visiting members from the Newport, Dana, Perryville aud Terre Haute lodges swelled the number iu attendance to 400. Grand Secy. B.' F. Foster of Indianapolis was the speaker of the occasion, and it is needless to say that the venerable gentleman gave a very entertaining talk on the social benefits of odd fellowship. Following the address of Mr. Foster, Atty. J. A. Wiltermood, in a laconic speech, presented the Amant lodge, I. O. O. F., with a fine marble-topped ballot-stand a gift from the Bebekah decree of the order. The exercises concluded with a brief recital of the history of Amant lodze by W. Frank Wells, who, in an interesting manner, followed the history of the lodge from its organization in Clinton up to the present time. A banquet was given, under th auspices of tbe ladies of the Kebekah lodge.and to say that it was a complete collection of the most palatable viands and bivalves, would be but a mild expression of the fact. From the supper about sixty dollars was renlizcd, and the order has just cause to feel jubilant over the financial nnd social success of the atlair. Fhojuix-like, Amant lodge has risen from the ashes of the recent conflagration, and its members now look forward to a bright and prosperous future for the order. A Demoralizing Delusion. X. Y. Commercial-Advertiser ind. The demoralizing effects of the doctrine of protection have steadily been cropping out ever since the discussion of the tariff bill began in the seuate. Hardly a t-enator has condescended from the hight of hts local constituency to discuse any reduction of particular duties on so low a ground as the interests of the people at large. Yet the tarifT is a matter of national concern and not, as Gen. Hancock thought, a "local issue." It is subject to national and not to state laws, and therefore the discussion of it should be broad, as it is not, and not narrow, as it has become through the ellects of the protective theory, which "acts on the mind as a fever microbe acts on the body. It produces illusions in which the wholesome is looked upon as the deleterious, anl vice versa. In his "History of Our Times'' Mr. Justin McCarthy notes that it had the same ellect in England, when Brieht and Cobden were fighting protection. Mr. McCarthy says that although each British industry was then willing to have the duties removed from other industries, yet each looked upon free trade as a poisoned chalice when presented to its own lips. Iturglary and Arson. Madison, Jan. 27 ISpecial. Early yesterday morning the store of Bichard Nash, at Bethlehem, twenty miles below here, was robbed, fired and burued to the ground. A part of the stolen cogds were found on a shanty boat at Moreland's Landing below, but the men belonging to the boat are missing. The loss will reach $1,000, with fl.tioO insurance.
FIRED THROUGH THE WINDOW.
An Old Lady Murdered nnd a Young Girl Probably Fatally Injnred. Lansing, Mich., Jan. 27. A horrible murder was committed last night in Delphi township, about seven miles from this city. Christian Stocbal, a Polander, resides on a small farm near Holt, with his family, consisting of his wife, aged sixty-three years, his son Fred, aged twenty, and Minnie Falts, his thirteen-year-old granddaughter. Stochal went to bed about 8 o'clock last night in the only room iu the cabin. Minnie retired a short time later to another bed and her grandmother was disrobing when a shotgun was discharged jnt outside the east window of the cabin. The shot crashed through the glass and 6trnck Mrs. Stocka! over the heart. Minnie sprang up iu bed at the sound of the shot and the gun was discharged a second time, the load striking the child in the breast, Minnie sprang up a ladder in the corner of the room to the loft nbove and her grandmother was attempting to follow her when a third load of shot struck the old woman in the back and she fell down the ladder to tbe floor, dead. As ttoekal sprang out of bed, dazed with sleep, a fourth shot struck him in the head, though but few of the shot hit him. Stoekal crawled out of bed and seeing the murderer standing several rods from the house, slipped olf in another direction and, barefooted and clad only in shirt and drawers, ran through a tamarack swamp in the intense darkness to the house of Cornelius Driscoll, half a mile wesL Deputy Sheriff and Cook Coroner Bennett of Lansing were telegraphed to from Holt, and went to Stockal's place at 2 o'clock this morning. It required very little time to convince them who the murderer was, almost bevond the possibility of a doubt. August Tanto, nineteen years old, who is acquainted with the Stockals yesterday borrowed a Winchester repeating ride. Young Tanto filled the chamber of the gun with cartridges loaded with bird shot and went to Stockal's. where he remained from 3 to 6 o'clock in the afternoon. He then left, saying he was going to Charles Crantz's house, but instead, the officers fount! that he had hid behind a haystack ten rods from the cabin to which he had afterward returned by a circuitous route, as shown by the track". Outside the window were found two empty shells and one loaded, which corresponded exactly with shells Tauto had secured. After the shooting Tanto had gone to Holt station, three miles away, and bought a ticket to Mason, going south on the 9:3J Michigan Central passenger tram. He has not yet been apprehended. Fred Stochal came to Lansing Friday and has since been staying with friends here. lie was arrested to-day and is detained on suspicion of being counected with Tanto involving the crime. Minnie is in a precarious condition, but may recover. Mr. Stochal is not seriously injured. A SHREWD SWINDLE. People Looking For "Bargains' in Dry (H)xU and Hosiery Dnped. St. Pact, Jan. 27. A shrewd and extensively worked sch eme for the swindling of people looking for "bargains" in dry goods and hosiery has been unearthed by the Pioeer Prese. A letter from J. Q. A. Campbell, editor of the Bellefontaine (O.) PepuUican, wLich was received to-day, inquired after the reliability of one C. II. Warner, who had sent him a proposition for advertising, to be paid for by check on demand. Mr. Campbell was suspicious, and desired information. The advertising matter offered was in the shape of reading notices to the effect that Wood, Thornburg & Co., importers of London, New York an J San Franeisc, had purchased large stocks in fine plush, silk and hosiery at a great sacrifice in Ixin.lon and would sell it in limited quantities to individuals in this country at prices away below actual cosL No goods would be sent C O. D., but the cash must accompany the order. All orders must be sent to C. II. Warner, I'niou block. St. Paul, by whom the goods would be shipped promptly. No such firm as the one meutioned is known either in San Francisco or New York, and it cannot be found entered in the books of the business agencies. It was found that Warner had an office in the building named, which he took a week ago.. He seldom appeared at his office, but a ureat deal of mail was delivered there and securel by him when he saw fit to go after iL Iiis "office" was entered yesterday and forty-right letters from various parts of Ohio, Indiana, Illinois. Missouri, Wisconsin and Kansas were found awaiting his arrival. Many of these were in ladies' writing au i are believed to be orders for the goods udvertised. A marked newspaper directory showed that he had sent out Iiis advertising matter to the states named and the letters are answers with inclosed money. A few days ago he bought a hall-yard of fine silk from one of the leading firms of this city, which he had cut tip in small pieces, apparently for use as samples in case such might be desired. No other goods of any kind were found, and the police are now on the lookout' for the swindler. There are a half a dozen charges that could be brought against him, but it is probable that if caught, he will be tried for using the mails for swindling purposes. A BAD WRECK. Five Persons Serlonly Injured in a Collision Three Kngines Demolished. Cxevelanp, O., Jan. 27. A bad wreck oocured on the New York, Pennsylvania & Ohio road this afternoon, two miles east of Galion. Five persons were seriously injured and considerable property destroyed. A doubleheader fast stock train collided on a bridie with a light engine, which was out for a trial trip. The engineers and firemen of the stock train jumped in time to avoid injury, but those on the light engine were less fortunate. They were : Engineer JrDON Bei.ton. Fireman Lor Sham-, Bert Belton. Ei King. Frank Miller. All seriously hurt. The three engines were badiy wrecked and several steers in a stock car were killed. Driven Insane Ity a Swindle. Valparaiso, Jan. 27. Special. Christian Wiler, residing in Torter county, has been taken to the insane asyfum, at Logansport, and is thought to be incurable. Some time ago two strangers came to Mr. Wiler in his field and told him they were securing agents for a new patent binder. They told him he was wanted to be their agent in his neighborhood and would have no expense except to pey for what machines he sohl, ami from which he would get a good profit. They requested him to sign a paper, which they said would be sent to the company to snow his authority to act at agent. lie did this, and after a while Mr. Wiler was notified of a promissory note for $2Stl, the parer he signed proving to be a negotiable bote which had passed into the hands of third parties. The thought of being the victim of such a swindling operation drove him crazy. Dudley nnd Harrison. Evansville Courier. This man Dudley has been for many years an intimate aud confidential friend of Harrison's, not only in political matters, but in social companionship. Dudley was Harrison's chosen representative on the national republican committee, of which Quay is chairman. For the honor of the country, every citizen, democrat as well as republican, will hope the man who is soon to assume the presidency the most exalted public station on earth was innocent of all knowledge, or even suspicion that such crimes as these were being committed in his interesL and, although it is stretching belief almost beyond the limits of probability, it is letter to concede that it is so than to make Harrison a sharer iu Quay and Dudley's infamy. Three Rounds at Xenia. MARION, Jan., 27. Special.! Dannie Needham, weight 137 pounds, and John Brown Wallace, a mulatto, weight 132, fought three rounds with skin light gloves at Xenia ten miles west of here early this morning, the latter being knocked ont by atremendous right hand swinging blow on the left side of the neck. Wallace was unconscious for several minutes. Tbe referee declared the fight in favor of Needhaid. A noller Kxplosion, TONTIAC, TIL, Jan. 27. A boiler explosion in the old Pontiac coal shaft to-day killed Fireman Charles Young and fatally injured A. B. Sells, the engineer's brother. Samuel Calkins aho was bort but not dangerously.
A CONSTITUTIONAL QUESTION.
The Right of. the Legislature to Appoint Judges in Certain Cases. To TnE Editor Sir: The question of th right of the legislature to appoint officer where new courts or circuits are created haa received some attention at tbe hands of the republicans, and they have or had but little difficulty in agreeing that the legislature doea not possess this -justitutional righL but that it belongs in all cases to the governor. Their claim is based on the construction they place on the provision of the coustitution contained in: Art. 5, or when, at any time, a vacancy shall have occurred in any other state oflice, or in the office of ju ie of a:iy court, the g tvernor shall till such vacancy by npxintmeiit which shall expire when a successor t'iail have been elected and qualified, IL S. lsl, u-c. 144. The wr'uer is free to admit that when a vacancy occurs in the olliees named in thia r iclethe governor has the appointing power. The supreme court of this stale has so decided in thf ctse of Stocking vs. the state; 7 Ind., 32" and in the same case that where a new circuit is created by the legii-lnture a vacancv iu the office of judge does exit, but it has also been decided by that court that the office of circuit court judge is neither a state nor cunfy office (The state ex rel. l'lttin.in vs. Tucker; 4 Ind., 3-V ), and it has never been decided by that tribunal that when a new court or a new circuit is created the legislature has not the constitutional right at the same time it creates the office to till the office, and in the opinion of writer the legislature ha this right under the provision of the constitution in which reads as follows: "All officers whose appointments are not otherwise provided for in thi constitution shall hr chosen in such manner as now is or mar he hereafter f.-'e-acribod by law. (iL S. 1M, sec "J.'!.) No provision is contained in the constitution for the appointment of a judge or judges on the creation of a new court or a new circuit, and nnler the provision first quoted, the governor has no power of appointment until the new court or circuit has been created and a vacancy occurs by the failure of the legislature to name the judge. When such a state of affairs exists, then undoubtedly the governor has the appointing power, but if at the time the new court or circuit m istnnti is created, the legislature creates the officer there is no vacancy and the legislature has the right to do this, because there is no constitutional provision for the selection of the oilieer at the time the office is created. Bloumington, Ind., Jan. 23, Lejc THE STATE LIBRARY. An Earnest Plea For Its Ituilding t'p A Word to the Legislature. To the Editor Sir: When I first came Vt Indianapolis, fifty-two years ago, the Indiana stat library occupsed ODe side of the twentyfoot square room of the secretary of state's office in the old governor's house, on the Circlet where the soldiers' monument is to be erected; the secretary was then ex cjncio librarian, and I was placed in charge of it by my brother William J. Brown, then secretary of state, and so continued for four years until the office of librarian and state-house keeper was created by the legislature in January, 16-11. The library, in lS-i7. contained less than a thousand volumes, miK"h worn, ill-used and badly cared for. I at once catalogued the books, had those needing it repaired, and t!ie appearance of the little skeleton library improved. During the session ot the legislature of 1S". 37 an appropriation was made to fit up the room in the state house designed for the library, nnd for the removal of the books thereto. This was done an i the removal niide in November, 1S37. Therefore the annual appropriations for tbe purchase and rep-iir of books, etc., had been ?ltJ; but by the act of Feb. 17, lvi-S, the sum so appropriated was increased to ,. In Januarv, 1641, the office of librarian, etc., was create'! and, as I have said. John Cook elected librarian, and the annual sum for the purchase of books, etc., fixed at f 100. Berry Sulgrove, a few years since, diI me the honor to shv, in tbe Acic, that I was the father of the state library, and. although I do not claim that distinction, yet I do feel a lively interest in this "iriend of my early days," and I think I see, in tbe near future, a prospect of the library becoming an honor and an ornament to the state. Tii? selection of Mr. Dunn for librarian was eminently wie and proper, if anything more is now required of that otlieial than simply the care, custody and preservation of the books, etc.. w hich seems to have been regarded as the fulfillment of all the duties expected from former librarians. The state tf Indiana is financially able to furnish the money, and Mr. Dunn has the ao knowledged ability and judgment to expetui it judiciously, wisely and well; so that, in a few years we would have a state library worthy to be compared with similar institutions. The annual appropriations for the library in many of the western Ftates exceeds two thousand dollars, and I think that should be the sum approriated for the yearly expenditure by our legisature. " Joseph F. Br.OWN. Indianapolis, Jan. 2Illaine is the Favorite. In b pendent. Of The Sentinel "guesses" for Harrison's cabinet, some ten thousand in number so far received, it is said that P,s-k) have guessed th name of the Maine statesman as the heai of the cabinet and chief adviser of the presidentelect. Look out for clever imitations of Salvation Oil. Its unprecedented success provokes counterfeits Consumption Surely Cured. To Tn- Editor Plca.e inform your rea3eri that I have a positive remedy for the above named disease. By its timely use thousands of hopeless cases have ben permanently cured. I shall be glad to send two bottles of my remedy I" KEF. to any of your realers who have consumption if they will send tne their express and P.O. address. J.'csp. ctfully. T. A. Sl.tiCl M, M. 0., 1M Peail-sf.. New York. Luxuriant Hair Can only he preserved by keeping the scalp clean, cool, and free from dandruff, nnd the lody in a healthful condition. The great popularity ot Ayer's Hair Vigor is due to the fact that it cleanses the scalp, promotes tbe growth of the hair, preveuts it from falling out, and pives it that oft ani silky gloss so essential to perfect lieauty. Frederick Hardy, of Boxbury, Mass , a eutlem.n fifty years of age, was fast losing bis hair, and what remained w as growing gray. After trying various dressings with no effect, he commenced tho usa of Ayer's llaii Vigor- I atopped tho falling out," be svrites ; "and, to my great surprise, converted my white Pair (without staining tha scalp) to the name shade of broirn it Lad w hen I was 25 years of age." Ten Years Younger. Mrs. Mary Montgomery, of Boston, writes: "For years, I was compelled to wear a dress cap to conceal a baU spot on the crown of my head ; but nose I gladly Uy the cap aside, for your Hair Vigor is bringing out a new growth. I could hardly trust my senses when I first found niy hair growing; but tuera it is, and I am delighted. look ten years younger." ( A similar result attended the use of Ayer's Hair Vigor by Mrs. O. O. Prescott, of Charlestown, Mass., Mis" Bessie II. Bedloe, of Burlington, Vt., Mrs. J.J. Burton, of Bangor, Me., and numcoua others. Tbe loss of hair may be owinp to Impurity of tho blood or derangement of the stomach and liver, in which case, a course of Ayer's Saraparllla or of Ayer's Pills, in connection with the Vigor, may le necessary to give health and Ume to all tbe functions of the body. At the same time, it cannot be too strongly urged that none of thesa remedies can do much good without a persevering trial and strict attention to cleanly and temperat habits. Ayer's Hair Vigor, Prepared by Dr. .T. C. Ayer It Co., LoweU, H cold by Druggists and 1 ertumerf
