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CTHE ARGUS. FRIDAY. APRIL 21, 1005.
FOR THIS SEASON
WAS NEVER MORE AT
TRACTIVE. SEE OUR
LINE OF WATCHES. JEW
ELRY AND NOVELTIES.
OPPOSITE HARPER HOUSE.
New 'Phone 5093.
You owe it to yourself and fam
ily to save whenever and wher
ever you can. We are saving our
customers money every day. Get
1 in line and have your share.
Tomatoes, volte! park. 3 cans. IV
TJak! Itean. in tomato
vauc-. fans for
I'umpkln. lnttt fall's park.
J cans for S.V
Sard in In oil, 6 for
Fruit Jams", all flavor. 3 jars Z--r
Ammonia. household. jnart
bottle, per juart lOc
Corn Starch, per lb. pkg ,e
Figs, bright, clean fruit, 3
pkgs. tor U."r
Honey In comb, white clover
kind, J Ibx. lor 2Tm-
F. R. Kuschmann,
2207 Fourth Ave. 4
Old pkoar 22S went. w 54.-.S.
NICEST, LATEST AND LARG
EST ASSORTMENT IN THE
STUFFED CHICKENS AND
DUCKS, WALKING RABBITS
AND CHICKENS, PANORAMA
EGGS, CANDY EASTER EGGS
AND A GREAT MANY MORE
THINGS THAT THE LITTLE
ONES WILL APPRECIATE.
CALL AND SEE THEM.
1716-1718 Second Avenue.
1818-1820 Third Ave
LOANS FOR SALE
On well Iro prTel farms In sums
of up t tS.O'Vt. Security
careVullr inspected before loans
are made. Ca.Il or write
H M. HENLEY, ATTORNEY,
S0. 31. iJ Masonic Trmrl. Dav
APPLIED BY COURT
In Opinion Denying Writ Against Dav
enport, Rock Island &. Northwestern.
Justice Can wright gave the opinion
in the affirmation of the supreme court
of the decision of the circuit court here
in denying a writ of mandamus on pe
tition of Capt. J. M. Beardsley to com
pel the city to cause the removal of
the Davenport, Rock Island &'orth
western Railway company's depots on
West Seventeenth street, on the ground
that the street was encroached upon.
The opinion would fill about four col
umns. The concluding paragraphs
point out the justice of the railroad
company's claim, and are as follows:
"It has frequently been decided that
the doctrine of estoppel in pais is ap
plicable to municipal corporations, but
that they will be estopped or not. as
justice and right may require. There
may be cases where, under all the cir
cumstances, to assert a public right
would be to encourage and promote a
fraud . Where a party acting in good
faith under affirmative acts of a city
has made such expensive and perma
nent improvements as it would be
highly inequitable and unjust to de
stroy the rights acquired, the doctrine
of equitable estoppel will be applied.
The hardships that would result from
a contrary holding, and the necessity
of raising an estoppel in particular
cases to prevent fraud and injustice,
have induced the establishment of the
rule, and it has been several times said
that there is neither danger to the pub
lic nor injustice in the application of
the doctrine. In the exercise of proper
diligence the public authorities may pre
vent encroachments upon public right,
and if they do not. any citizen may
take the necessary steps to do so, and
if I here is not only a failure to act by
either, but affirmative action by the
public authorities with the apparent
approval of everyone interested, un
der which the situation is changed and
permanent improvements are made, the
principles of equity require that the
public should be estopped. We
think this a proper case for the appli
cation of the doctrine. Public improve
ments and great expenditures have
been made which would not have been
made but for the positive action of the
city anil its officers, and to compel the
abandonment of the premises for use
as depot grounds would be contrary to
natural justice. The relator cannot
demand the writ of mandamus as an
absolute right, but it is to be granted
or withheld in the exercise of a sound
judicial discretion, in view of all the
circumstances. The facts alleged in
the answers as creating an estoppel.
and the fact that the public use and
convenience were fully provided for by j
a street of at least the ordinary width,!
which was wholly unobstructed, were!
admitted. From such facts ir annears'
that the public good would not be pro
moted in any substantial way by grant
ing the writ, but. on the contrary, that
the representatives of the public have
always considered, and still consider,
the present location of the station
grounds as best for the convenience
of the public. The fact that there is
an unobstructed street SO feet wide,
fully accommodating public travel, does
nf affect any legal right to the re
mainder, but it is a circumstance prop
er to be considered in exercising the
discretion confided to the court.
"In view of all the facts and circum
stances, we think the court did not err
in denying the writ. The judgment is
Socialists to Celebrate.
The socialists of the tri-cities have
completed arrangements for a Mav
day celebration at Claus Groth hall
Tuesday evening. May 2. A. M. Sim
ons. a leading Chicago socialist, has
been secured to deliver the address
and an interesting program has beta
prepared. This will include a prize
essay on socialism, speeches, recita
Hons, songs, sttropticon views, tab
leaux. violin and piano solos, etc. Th
Vorwaerts will render a number of
vocal selection. 4 and the Davenport
Military band will furnish the music
Brushed Off Engine.
A stranger, who did not give his
name, but who said he was a machin
ist enroute for New Shops, entered the
patrol barn yesterday, and told Officer
Farrell that he had atempted to jump
a switch engine at the depot and was
brushed off by the girders. The mau
exhibited a scalp wound, whicn was
bleeding quite freely, and when told to
go to Dr. Middleton's office walked off
es though he had not been in dange.
of his iife only a moment before.
New City Officers.
The following appointments were
confirmed at the meeting of the coun
cil Wednesday evening: Chief of po
lice. Thies Herzog; chief of fire depart
ment, John Piening; city sexton, Hen
ry Sass; city scavenger. Marion Rog
ers. The council adopted an ordinance
making the license for peddlers 3 a
day or $30 a year. The license has
been $25 a year, and the retail mer
chants recently petitioned that it be
raised to $100 a year, while the Retail
Venders' association in response show
ed large support for its request that
the raise should not apply to home ped
dlers. Obituary Record.
In Frovidcnc?. R. I.. Tuesday morn
ing. April IS. occurred the death o:
Frank Miller the fatal disease beinr
pneumonia. He was for several years
connected with the house of Marshal.
Field & Co.. ol Chicago. He was a
brother of W. I, and I. W. Bilier or
Buffalo, this county.
At Aurora. 111.. Tuesday. April 19,
Mrs Liliian Margaret Buchanan, wife
of Frank Buchanan, formerly of Dav
enport, and now manager of the West
era Union Telegraph office at Aurora
Deceased was the daughter of Mr. ana
Mrs. A. Bendixen of 424 Davie street
this citv. She was 22 years of age.
She leaves a child one week old. Two
sisters, beside? the parents, live in
Davenport Mrs. Charles Finger and
Miss May Bendixen.
wrtnpsriav nieht. at the family home
on North Brady street, occurred the
death of Mrs. Josephine Temple, wife
of John T. Temple, the well-known flor
ist. Deceased, whose maiden name
was Josephine A. Hearn, was born in
London Jan. 21, 1S46. and came to
America with her parents when but 4
years old. She was married to Mr.
Temple in this city Dec. 30. 18C8. and
durine their 37 years of married life
they have lived at the present family
COURSE IS A STRONG ONE
Science Music and Dramatic Art Will
Be Portrayed by the
The lyceum of Augustana, which for
eight consecutive seasons has enter
tained the people of the three cities,
has arranged a course for next season,
l$li.VG, which will eclipse all former
courses in variety and grade of talent
and expense incurred.
The first attraction is the Bohumir
Kryl company, composed "of four great
stars: Bohumir Kryl. considered the
world's greatest cornetist since Levy;
Julia Heinrich. contralto: Carl Hein
rich, baritone and violinist, and Phoebe
Mae Roberts, reader and impersona
tor. The second number will be Hon.
Walter M. Chandler, eminent member
of the New York bar, on "The Trial of
Jesus from a Legal Stand point." As
the third feature. Reno Welbourn. "the
wizard of electricity." will give an ev
ening of marvelous experiments enti
tled "In the Year 2000," a prophecy.
Mr. Welbourn spent five years in the
preparation of this great series of ex
periments. He burns water for fuel;
he turns the motion of ocean waves
into electricity; he lights his stage by
the energy of the sun stored up hours
before; he runs a mill by the influence
of musical sound ;he controls machin
ery by the power of light and dark
ness; he dissipates fop and produces
rain; he breaks an iron bar by the im
pact of a pith-ball, guides a boat with
out a pilot, freezes ice in a red hot i
vessel, and shows how the ocean grey
hounds may feel each other's presence
in a blinding mist.
Tho fourth ptilprtainmpnt will h liv
Montaville Flowers, president of the
'Flowers Academy of Speech and Dra-'
matic Art." Cincinnati. Ohio. He will
give an interpretive recital from Ben
Hur. . f
Dr. John Merritte Driver, pastor of
the People's church. Chicago, will give
one of his famous lectures.
The sixth number will be the famous
.Cleveland Indies' orchestra, under the
direction of Alfred Metzdorf. violin so
loist. The company includes some
A post-season entertainment will be
given. The famous Leonora Jackson, i
violinist, now on her second transcon
tinental tour, will be the attraction.
GALESBURG IS AFTER IT
' Wants the Encampment of the Illi
nois G. A. R. Next Year.
Galesburg wants the state encamp
jment of the Grand Army of the Re
public in 19o; and is laying plans ac
cordingly. Post No. 15 of that city
will send a large delegation to Rock
ford prepared to make a strong argu
ment for Galesburg. The posts in that
section of the state are being rounded
up to support Galesburg in its enter
prise. Plan a Fine Entertainment.
Camp 26. Modern Woodmen of Amer
ica, is to give a fine entertainment, so
cial and dance for its members and
their families next Monday evening,
the floor managers being V. G. Simp
son. Francis McNabney and Ray Sum
mers. The program will be as follows:
Selection Lindello Mandolin club.
Recitation Miss Gertie Davis.
Solo. "An Indian Soldier's Last Re
quest" Miss Englin.
Buck and Wing Dancing Master
Selection Lindello Mandolin club.
Recitation H. M. McCaskrin. j
Solo. -Why Don't They Play With
Me?" Master Pottiger. "
Sketch Reed and Imhof.
Solo, "Irish Christening" Fred Ga-!
Selection IJndeHo Mandolin club. I
Plans to Get Rich jp
are often frustrated by sudden break-'X
down, due to dyspepsia or constipa-j
iion. urace up and take Dr. King's
New Life Pills. They take out the ma-i
terials which are clogging your ener-l
gies, and give yon a new start. Cure
headache and dizziness, too. AtHartz'
A Tried and True Friend.
One Minute Cough Cure contains not
an atom of any harmful drug, and it
has Been curing coughs, colds, ctoud
and whooping cough so long that it has
proved itself to be a tried and true
friend to many who use it. Sold by
Flying Dutchmen bowlers win sec
ond place in" the Tri-City league cham
pionship race, which, except for post
poned games, ended last Friday. Post
poned games have been rolled this
week, and the Molinc knights have
flinched next best iKisition to the top.
The Centrals win first money and the
Brunswicks have just a ghost of -a
show for third place. The Recruits
are in third position at present. They
have three games to play with the
S -outs of Davenport. The Brunswicks,
in fourth place, have three games to
mil with the Rivals. If the Bruns
wicks win all three from the Rivals,
;:nd the Recruits lose three straight to
the Scouts, the trick will be turned and
third money will come to Moline.
Formerly Located Here.
Word has been received in the city
ft" the death of Dr. J. D. Anderson at
Stanhope, Iowa, a day or two ago. Dr,
Anderson was formerly located in the
Kimball block in this city, where he
I of Worth.
O A good perfume is not neces-
0 sarily an odor that may please
Ej when smelled from the original
bottle. It must be one in which
rj the elements are so blended that
the odor will maintain all Its
rj fresh and original jualities when
SUCH ODORS ARE NOT EASY
We have to exerciae care In
choosing them, and we think this
care has provide an assortment
of odor which you will go far
to match. We carry the mort
worthy of domestic and imported
goods and the prices are very
C. Li ndorff. Chemist
j Twentieth street and Fourth
C avenue. Both 'phones, new 5011,
$1 old 742-Y.
V !l "
CAN HAVE YOUR
and Pay for Them After Easter at
They All Come Here
IL 0 tbllulL
practiced medicine for several months.
He was a graduate of Keokuk Medical
college in the same class with Dr. C.
F. Odell. of Stewartville, who passed
away some mon'hs ago.
Present for Pastor.
Rev. J. W. Davies, of I'nion and Ply
mouth Congregational churches, was
the victim of a birthday anniversary
surprise Wednesday evening at the
home of Mr. and Mrs. John Kittilsen.
The affair was not confined to his
church at Ridgeview, but to all the
people of that community, among whom
Mr. Davies is a general favorite. Some
12.j iieople of the church and neighbor
hood trooped in as Mr. Davies was go
ing in to practice for the 'Faster en
tertainment of his church. The feat
ure of the evening was the presenta
tion of a gold watch from the people
of the community, a handsome Ma
sonic charm from Rev. and Mrs. C. H.
Burdick, and a chain which was added
to the gift of the watch.
Prospects are very bright for the or
ganization of an independent baseball
team in Moline this coming season.
This natter has been under discus
sion for some time by severa leading
players of the city and it is practically
decided to launch upon -this new ven
ture. Although the team has not b-in
picked several men have been out
practicing and it is expected to elect
a captain and manager at an early
date. Smith, who caught several
games for the Clinton independent ball
team last season, is employed in tl.ej
city and will do the !acks:oppi:;g I
Scott, who tried out with the Daven-j
pott Three-Kye team last summer, will:
do the twirling, and Carlrnark will cov-j
er the initial bag. Im Karle will
probably occupy second. The others j
players are fast. The first game will j
be played next Sunday, when they wi'i '
meet the Rock Island Iirlvpendents on'
Athletic field. '
Heads Track Team.
Carl Hamrmr wf'l have charge l
the Y. M. C. A. track team this com
ing spring, being the members' unani-l
tnous choice for captain. It has been'
decided to postpone the three-cornered !
meet between the cams from Rock
Island. Muscatine and Moline Younj
Men's Christian asoiations. Th
date set was May J.J but this conflict
with the Knox college ieet, and as !
number ot the boys from here ann '
Rock Island are desirous of attending;
the date was chanjrr-d to May 2'K It I
will take place in Rock Island. The
local entrie for the various events!
will be as follows: Almond Ford, mil? !
and half mi! fin, 5'yard dash: Roy,
anderson. high j'linp. sprints: WiJ Wil
son, high jump, shot put; Clarence
saacson. Damns r Ihtow. discu-: Carl
Street, Rock Island.
Hammer, broad jump. ole vault; Rob
Cowley, broad jump, sprints; "(Jig"
Stromberg, pole vault, sprints; Carl
Gottsche, broad jump, sprints; K. .1.
Wright, Hugh Aldrege, Will Grant
ham, F. K. Grantham, Hob Bennel, I.
A. Copp, sprints.
Soon to Work in Yards.
In two weeks not only will the in
terior of the great buildings of the
railroad plant at Kast Moline be a busy
place but a gans of men. probably ".)
strong, will be put to work in the
yards. It is understood that the au
thorities have full' decided to com
mence work on the completion of the
yard at New Shops just as soon as
possible. There will be over fin tracks
TVe are Showing
Shirt Waist Suits,
Ever gathered for your selection in
any one store in thfc tri-cities. A
continual stream of merchandise
coming and going daily provides an
endless mrrmy of changing styles.
You will do yourself an injustice by
buying anything in Women's Ready
to Wear Garments before seeing
our immense stock. You can look
where you will but nowhere will
you find such an assortment as our
Immense departments offer you for
select ion Ae will show you some
of the best values you ever saw of.
fered in a Cloak Department, if you
will give us the opportunity.
XIae 3Bee ETive
114-116 West Second Street j
Davenport, Iowa ;
laid, running the length of the tract of
land. To accomplish this work it will
take a large force of graders and track
layers. The capacity of Naflck yards
is altogether tfx small ami something
must be done Immediately to relieve
the congestion there.
Warr Home Sold.
It is reported on the streets that the
J. W. Warr property on Sixth avenue
has been sold by George Wr. Walker to
C. K. Stephens, of the Moline Plow
company. The residence was purchas
ed by J. W. Atkinson and extensively
repaired and improved before his
death. It is now the property of Mrs.
Sarah Atkinson and is occupied by the
family of B. R. Towndrow.
Beyond all Question I