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TI1K IM)IAAPOLIS JOCKXAL, 'rilUKSDA Y. UUTUUKK 1, 1ÜÜ1.
REQUEST FOR A MANDAMUS
IMSt.U. ACTION TAKI:N AtiVINVl A
CIIU I IT Jl im.i:.
Supreme (onrt ! I ion in the Marr
tHf-lliuh Court Iliillnu
Other Court 'nei.
In order to be "in the fa-hion" attorneys
from Steuben county tiled in the Apellate
Court yesterday an original application for
a mandamus against Judge Joseph A.
Woodhull. of the Steuben Circuit Court,
commanding him to sign a bill of exceptions
stating explicitly whether he dil or did not
give certain oral instruction" to the jury in
a suit In hi? court. The attorneys say that
they have no personal feeling against Judge
Woodhull. but merely wish the Appellate
Court to decide as a bald legal proposition
whether a trial judge. when a Lill of ex
ceptions raising points on eertain action of
his in a ease, may mutilate the bill and
render it as value-less as a sheet of blank
The Woodhull cae is not at all similar to
the mandamus action brought in the Su
preme Court a few days ago on the relation
of Dick Starr, of Mufflon. Ind. Starr
sought to have the Supreme Court com
mand Judge Vaughn, of the Wells Circuit
Court, to ordr the official stenographer of
that court to furnish him (Starr) with a
transcript of the evidence, the cost of
which was to be paid by the county.
The Starr mandamus case was decided
late yesterday afternoon by the Supreme
Court through 'Judge Monk?. Starr's con
tention was denied. The ruling of the court
was the sustaining of Judge Vaughn's de
murrer to Starr's complaint for mandamus.
Judge Vaughn acted as his own attorney,
both in preparing his demurrer and the
accompanying brief and In appearing before
the Supreme Court. In his brief the judge
howed that an appeal lies only from a
final decision or Judgment of a court, and
that, since Starr had asked for a transcript
before he had filed cither a motion for a
new trial or a motion in arrest of. Judg
ment, lie had no use for a transcript.
'Suppse his request had been granted,"
said the brief, "and the transcript had been
written out, and then Starr had tiled his
motion for a new trial ami it had been
granted. Then the county would have been
put to needless expense, for the transcript
would have ix-en utterlj- worthless."
If the Supreme Court had failed to agree
with Judge Vaughn's contention he had
Mill another "card up his sheve" in th
shape of an answer to Starr's complaint,
yetting up the fact that the young man's
father has agreed to stand good for the
transcript, which is now, as a matter of
faet, being written out by the official
stenographer of the Wells Circuit Court.
The attempt of attornevs in the eae of
Flutter against the X. V. C. St. L. It. II.
Co. to keep the opinion of the Supreme
Court in that case out of the printed re
port. by agreeing to the granting of the
company's petition for rehearing" on the un
derstanding that Immediately thereafter the
case would be dismissed was promptly
Miuelehed by the court yesterday when It
overruled the petition for rehearing. The
details of the case were published exclu
sive ly in yesterday's Journal.
The big suit of Y. S. Ralya against K. C.
Atkins & Co. for HA"") In royalties on
patents for saws was decided by the Su
preme Court yesterday in favor of Atkins Ä:
Co. The Mlit was based on a written con
traet between John J. Ralya and K. C.
Atkins Co.. made before the first of the
patents had been taken out. and the de
fense was that this agreement was sub
stituted by another which carried with it
life employment of Iialya by the Atkins
John M. (iorr Claim.
John M. Gore yesterday Hied suit against
Henry C. Tannr and the Kureka Refriger
ator Company for injunction to prevent the
transfer of certain stock. Gore says that
Tanner owned patents for a refrigerator
and wished to organize a company. He
avers that Tanner promised to give him
thirty shares of stock in a company if he
would assist In successfully organizing it
within six. weeks. A company was organ
ized, the plaintiff avers, with a capital
stock of JliJO.i'. in the specified time. He
avers that stn.ee its organization he be
lieves that Tanner has sold his patent
right to th company for 1Ü0 shares of stock
valued at 11) each. He also asserts that
Tanner ha never turned the thirty shares
stipulated In an oral agreement over to
him and asks for an injunction to prevent
him from disposing of his stock until his
claim Is satisfied.
DiTorce Decree Grunted.
Judge Leathers, of the Superior Court,
jesterday granted Helen K. Miller a di
vorce, from her husband, Samuel D. Mil
ler, on her cross-complaint. Mrs. Miller
was not in court, but was represented by
her attorney, who submitted depositions of
the cross-complaint and the maid who lived
with Mr. and Mrs. Miller. The decree ma ke?
suitable provision for Mrs. Miller, and gives
the custody of their boy to Mr. Miller from
September till July of each year and to
Mrs. Miller during the vacation months.
Snmtirl llnmlin Itelenfteil.
Samuel Hamlin, who was convicted in
the Criminal Court on a charge of selling
liquor without licence, was yesterday re
leased from jail, where he was sent in de
fault of the payment of his tine. He stayed
in jail fifty-one days and paid $23 and costs
to get out. and the indictments were nolled.
Hamlin sold liquor in the drug store of
M iry Evans, on Meridian street, near Fall
A Demand for )1 , M.
Mary E. Johnson yesterday brought suit
against the street car company for $15,ooo
damages for personal injuries. She says
that as she was driving on Market street in
front of the market house with her hus
band a street car ran into the rear of the
buggy, upset It and threw her out. She
claims to have sustained permanent in
juries. futility of Kmhriilrmrnt.
Charles Weaver was yesterday found
guilty of embezzlement by a jury in the
Criminal Court. He was charged with em-
lezzling $Tj bHoiiKlng to George Reiffcl.
Iteiffel charged that Weaver agreed to sell
a horse for him ami after disposing of it
kept the money.
Tin: rniiiT ltKcoitn.
Room 1 John L. McMustcr, Judge.
Hiram Raeon vs. Indianapolis Street-railway
Company; damages. Jury out.
Room 2 James M. Leathers. Judge.
Charles T. Whitsett s. Nathaniel Mor
row; account. Kvidt noe heard. Submitted
to court. Finding and judgment against
defendant for $l't.".l and costs.
Room .1 Vinson Carter. Judge.
Charhs I'.dley vs. Stephen Tucker; note.
Dismissed and costs paid.
Frank G. Glover vs. Indiana Printing and
Manufacturing Company; damages. Find
ing and Judgment for plaintiff against de
fendant for 575. Judgment against pla'n
tiff for costs.
William I. Ripley vs. Charles L. Clancy
et a!.; conversion. On trial by jury.
Henry Clay Allen. Judge.
William H. Adams, administrator, vs.
Francis K. .NVwliy; intermeddling. Jury re
turn verdict for defendant.
Jennie Howell vs. Mary A. Willetts;
lander. Dismissed for a ant of prosecu
tion. Judgment against rlaintiff for costs
A. N. Grant vs. Mason J. Osgood's Es
tate; claim. Allowed for $13 and costs.
Fremont Alford. Judge.
Charles Weaver; embezzlement. Motion
to quash overruled. Tr!al bv jurv. Finding
Samuel Hamlin: selling Hquor without M
cenre. Xollb-d. Defendant served fifty-one
davs in jail and paid - and costs.
Samuel Hamlin: selling liquor without li
cense. Same as altove.
NEW SUITS FILED.
Fred A. Clark et al. vs. Laura E. De
Ruiter: attachment. Superior Court
üarv E. Johnson vs. ladiaiuuolis. Street-
railway Company; damages. Demand 113, oh).
Superior Court. Room ::.
John M. Gore vs. Henry C. Tanner et al.;
injunction. Superior Court. Room J.
UK. IILIt COIRTV RECORD.
lfd"t. Ralza vs. Atkins Ji- Co. Marion S.
c. Affirmed. Monks. C. J. 1. In a com
plaint declaring in a written contract, free
from ambiguity, the averments cannot en
large or change the construction of said
contract, and any averment to do so may
be stricken out or. motion. 2. Where an
swers are sufficient us a general denial it :s
not error to overrule: a demurrer to them.
.1. When a party, even without right,
claims to rescind a contraet if the other
party agrees to the recisdon. or does not
object thereto arid permits it to be re
scinded, the recision is by mutual consent.
I. The general effect of a recision of a
contract is to remit both parties to their
original rights in respect to the -ubjec t
matter thereof. .'. When a contract is
rescinded by mutual consent or otherwise,
no action can be maintained for a breach
thereof, tj. Where a demurrer is overruled
to a bad pleading, and the record afllma
tlvely shows that the verdict and judgment
are based upon another paragraph which
is good, or when the tacts alleged in such
pleading are found to be untrue, the ruling
on thv demurrer is harmless. 7. Letter.-
written by a party to a contrac t with ref
erence to the subject matter prior to its
execution, they arc- merged therein.
I!'.V;. Schräder vs. State ex rel. Mason.
Warrick C. C. Dismissed. Jordan, J. 1.
Where a judgment is rendered against a
road supervisor in his official capacity, and
before an appeal therefrom is taken his
successor succeeds him to all the rights and
duties of said office, the ex-supervisor has
no longer any title or interest in the suit
and is not entitled to prosecute the appeal
subsequently taken. 1. When a peremptory
mandate lias been awarded against a pub
lic officer, but his term of office has ex
pired and the writ has not been obeyed,
the court may and should order an alias
p-remptory writ to issue against his suc
cessor in office, who is bound by the judg
ment for the performance of the required
V.7.'Z. State ex rel. Starr vs. Edwin C.
Vaughn. Judge Wells Circuit Court. Wells
C. C. Defendant's demurrer to petition and
brief on demurrer. Relator's brief on de
murrer. Clyde Wynegar vs. State of Indi
ana. Marion Criminal Court. Appellee's
1!;75. Moses Gonser et al. vs. State ex
rel. David Haskins. trustee et al. Steuben
C. C. Appellant Allen's reply brief (X.)
Mary R. Stuckwisch et al. vs. Ira
M. Holmes. Marion C. C. Appellee's brief
Samuel A. Wray vs. James W. Fry
et al. Hancock C. C. Appellant's reply
3.T. Rauh vs. Waterman. Marion S. C.
Affirmed. Comsto.-k, J. Where an action
of replevin is dismissed by the plaintiffs
and the costs fully paid by them without
prejudice ami without trial of the cause
upon its merits, and the title to, ownership
and riht of possession of the property
replevied having been in no way deter
mined, there is a breach of the replevin
bond, and the person may only recover
nominal damages, and a failure to assess
such damage s is no ground for a reversal of
a judgment In this court.
Davis vs. Seybold. Hamilton C. C.
Affirmed. Mack, C. J. Where the excep
tions to several conclusions of law are
joint an assignment of error or to a single
one of them cannot be recognized In this
:WA Stephens vs. Smith. Delaware C. C.
Affirmed. Henley, J. 1. If either para
graph of several answers is good, error in
overruling" a demurrer to any other is not
available. 2. There is no stathte or rule of
law which permits a party to test the suf
ficiency of an answer in the first instance,
upon appeal, by a. direct assignment of er
ror for that purpose.
?WX New Pittsburg" Coal Company vs.
(irant. . Vigo 0. C. 1'etition for rehearing
41x3. King V5. Wright. Floyd C. C. Ad
vanced. 42.'!. Churchman vs. Insurance Company.
Rartholomew C. C. Motion to dismiss over
ruled. Sill. Flutter vs. N. Y., C. & St. L. R. R.
Co. Allen S. C. Petition for rehearing and
motion to modify mandate overruled.
1. Winching vs. Snyder. Cass C. C.
Motion to substitute parties granted.
432. Davison vs. Campbell. Delaware C.
C. Appellee's motion to tile brief over
ruled. 3737. Rartlctt vs. Williams. Marshall C.
C. Appellant's petition to transfer to Su
4134. Andrew D. .Rranstrator et al. vs.
Catherine A. Hranstrator. Allen C. C. Ap
pellants' brief on appellee's motion to dis
miss, etc. (.)
410S. Security Accident and Sick Benefit
Association vs. Annie Lee. Bartholomew
C. C. Appellant's brief 0
27fit. Union Mutiial It. and L. Association
vs. Christina Aichele et al. Vanderburg S.
C. Appellees' application for appeal to
:r. American Tin Plate Company vs.
David A. Williams. Madison S. C. Appel
lant's points. Appellant's request for post
ponement. Granted. Oral argument post
jxened to Deo. 12, ptol.
:1737. James T. Rarlett vs. Mirande E. Wil
liams et al. Marshall C. C. Apppellant's
application for transfer to Supreme Court.
4 axS. C. C. C. & St. L. Ry. Co. vs. John
T. Stewart. Clay C. C. Appellee's petition
for certiorari. Waiver of notice.
424. State of Indiana ex rel. Addison R.
Nic key et al. vs. Joseph A. Woodhull. Orig
inal ac tion. Mandamus. Steuben C. C. Pe
tition for writ of mandamus.
42 C. I. O. R. R. Co. vs. Fernando W.
Daeglin. Lake S. C. Record. Assignment
It Chnru linke It Debut with the
Philharmonie Mrinsr Quartet.
The Matinee Musieale made a long step
in advance yesterday. This society has
been going on in its quiet way for several
years, doing things as it pleases because
it asks nothing from the general public. It
is concerned with the study of music for
its own benefit. Its members make up its
programmes and play them, and now and
then it brings a soloist for a recital. Re
cently it decided to create a chorus, all
women; of course, and yesterday this
chorus made its lehnt under the direction
of Mrs. S. L. Morrison. There had been
few rehearsals, and lack of self-confidence
showed in the singing of the two numbers
on the programme, Neidlinger's "Crossing
the Rar" and Handel's "Trust in the Iord."
Rut the singing was fresh, full of life and
the tone was pure. Precision and sure
measuring will come with practice. An or
ganization of women singers has in its
ability for delicacy a startling advantage
over a men's chorus. The Matinee Musieale
calls its new branch the "Morning Choral."
Another new feature of yesterday's little
concert was the alliance wPh the Philhar
monic String Quartet, which consists of
Hugh McGibeny and Rertha Schellschmidt,
violins: Rudolf Köster, viola, and Adolf
Schellschmidt, 'cello. The Musieale wishes
to acquaint itself with chamber music
may be it will have an orc hestra some day
and the epiartet will contribute numbers
to three of the society's recitals this sea
son. Yesterday the quartet played Haydn's
G major composition, and. with Mrs. La
fayette Rage at the piano. Saint-Saens's A
minor quintet. The string quartet is a
classic formation, and some of the compo
sitions for it are of the highest poetic
quality. The Haydn piece as played by the
Philharmonic Quartet had made manv
finely melodious moments, and the first two
movements of t he Saint-Saens quintet
had the same soft, harmonious unity. Mrs.
Rage's piano was entirely in sympathy with
Theft of mi laiRine.
Stealing an engine is the charge at police
headquarters against William Shaffer, a
tiften-ycar-old boy, who was arrested last
r.ight by Detectives Wallace and Asch.
That so small a boy was able to steal a
stationary engine was due to opportunity
and the fact that it was a very small en
gine. It was taken from Allen Jennings,
a grocer, at H" Prospect street. Young
Shaffer lives at 1322 Pleasant street.
RoMce in Citizen Clothe.
Te-night about one-half of the police
force will report for duty in citizens
clothes, the object being to more effectually
look after oung people- whose Halloween
spirit tarries them beyond t he limits of
good order according to the general idea of
edde-r p-rsons. The police- will permit all
sorts of pranks which do not destroy prop
erty tr endanger personal safety."
A Miipiiient of Cine Smoke.
Louis G. Des hier has ju-t received
through the- euMorn house- a fr--h shipment
of Henry Clays. Pock's Golden Edgks and
r -r.'. ;
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i ; r dt VI-firiiin f-"-T- I1 MWa'Wh
Miss Portia Washington, the daughter of Hooker T. Washington, the prominent negro who re
cently dined with the President, is a great favorite at Wellesley University, where she is a
FLOORING IS TOO HIGH
PKCTMAIt COMIITIOX AT Fl HE
IIEADQl'Am EHS' III II, DING.
llixcoverx 3Inde by lemhersi of the
Una rel of Work-The ,evr
Aeiiieii t Pinn.
A cpicer state of affair? was discovered
at lire headquarters yesterday afternoon by
President Megrew and Mr. Maguire, who
visited headquarters for the purpose of in
specting the recent improvements ami
flooring. It waf found that the new floor
of the headepuarters is at least a foot above
the level of the sidewalk, when the speci
fications of the contract for the improve
ment provided that it should be flush with
it. To make matters worse the contractor
who did the work has been paid. It is ab
solutely necessary that the flooring be level
with the sidewalk and the board will be
compelled to order the new flooring torn
up and the whole thing done over. The
cost will be considerable.
The singular feature of the matter is how
the blunder escaped the notice of the old
Hoard of Safety, which was supposed to
keep in close touch with such matters as
expensive improvements. Neither the old
Board of Safety nor the old Board of
Works or the fire chief reported that the
flooring was too high; and the members
of the new board when they discovered the
error were astonished. The hoard does not
hold the tire chief responsible, because it
was n. t his duty to be familiar with the
specifications of the contract, but it can
not understand how the old Hoard of
Safety failed to notice a mistake of such
an expensive nature.
During the course of their inspection yes
terdav. Messrs. Megrew and Maguire found
that ä little thumb-nail park just north of
the headquarters at Massachusetts avenue
and Delaware street prevents entrance and
exit from the north door, and the small
bunch of trees and grass will be further
NEW ASSESSMENT IM, AN.
It I Finally Approved ly the Hoard of
At the meeting yesterday of the Hoard
of Public Works the final assessment rolls
for the East Ohio and East Pratt street
paving . improvements were approved and
the sanction of the board placed on the
new method of assessment provided for in
a law of the last Legislature. The new
plan, being radically different from the ld
method of assessment, is causing some
complaint among property owners who
think the method' is unfair. It provides
that in the caso of a lot extending along
an improved street for its entire depth
and facing on a cross street the first forty
feet back from the street shall pay 75 per
cent, of the front foot assessment, the next
forty feet the 75 per cent, of theremalning
assessment, the next forty feet i. per cent,
of the assessment still remaining and the
rest of the ground to a point 150 feet back
of the street the amount of the assessment
remaining. The objection to the method is
that the lots facing on the cross streets
and extending their whole depth along the
improved streets are not all of uniform
width, causing a great reduction in the as
sessments of Euinp property owners and,
it is claimed, an apparently unreasonable
increase in the assessments of others.
The interurban contract now in the hands
of City Attorney Joss for his inspection
will be submitted to the hoard to-morrow
morning for the signatures of its members.
Mr. Joss. President McCulloch. of the
Enion Traction Company, and otlir inter
urban officials are going over the docu
ment with the purpose of eliminating am
biguities and getting it in the simplest
possible shape for consideration by the
Council Monday night.
The board will ask the Council at Its next
meeting for an appropriation to cover the
expense of maintaining the vapor lights
used in the outskirts of the city. Appro
priations for the lights are made every six
months, and the old appropriation id
Tili: AMKWF.M, SVSTKM.
C'liier lliirrett Iteportw that Work or
Installation In About Completed.
In a very few days intelligence of fires
will be communicated to the lire headquar
ters by the new Gamewell system. Possi
bly by Monday, and certainly by the mid
dle of next week, the old lire-alarm system
of Indianapolis will lake its place with
other obsolete devices on the municipal
Chief Barrett stated yesterday that Mr.
Ilolderman. superintendent of the tir
alarm telegraph, and Mr. Keys, of the
Gamewell Company, have about completed
their labors and practically the only work
remaining to be done is the connecting of
the station houses and splicing of old
cables. Chief Barre tt thinks that the new
system will render gilt-edged service and
will add largely to the safety of city prop
erty. Tree Ordered Destroyed.
Trees of all kinds in West Indianapolis
are badly affected by the San Jose scale,
and W. It. Garver, the expert employed ty
J. Civile Power, has ordered several hun-
lred trees to be destroyed as provided by
law. There is langer, in the opinion of Mr.
Power, of the scale- infecting all shade and
fruit trees in the suburb. Morton Place
trees arc als. affected by the scourge-.
Itepiitelieiiiin Will Caiie-u.
A caucus of the Pepublican members of
Council will take place' this afternoon in
the rooms ef the Commercial Travelers'
Club. The call was issued by Harry M.
Hahiemau, president of Council, and is for
the purpose of determining: who shall Le thct
i AiuäM M i wtmvm m' ' "-WMMIHJ
successor of Harold C. Megrew, who re
signed to become president of the Hoard of
Works. A Republican councilman said yes
terday that, notwithstanding the reports of
factions and clhjucs springing up because
of Mr. Megrew's resignation, his successor
will be chosen harmoniously and that the
members of the trouble breeders' associa
tion will be grievously disappointed.
OHleialf Visit the Parks.
Mayor Hookwalter and the members of
the Park Hoard took a jaunt of Inspection
through the city parks yesterday. The
mayor wished to satisfy himself as to the
condition of the city's green spots. The in
spection was satisfactory.
IIOAHD )E AVOIIKS ROUTINE.
ASSESSMENT HOLLS APPROVED.
Primary roll for opening Eighteenth
street from Northwestern avenue to Fall
Final roll for opening and widening Ray
mond street from Shelby street to State
Final roll for block pavement on Ohio
street from Noble street to Arsenal avenue.
Final roll for asphalt pavement, cement
walks, approach walks and sodding on
Pratt street from New Jersey street to
For grading the second alley south of
McCarty street from Meridian street to
the first alley west.
From Indianapolis Hominy Mills Com
pany to lay a switch across Madison ave
nue to the Reit road.
CONTRACT AND HOND APPROVED.
In behalt of J. T. IIoss for cement walk
on the west side of Dearborn street from
New York street to Michigan street.
For vacating Raymond street from Daisy
street to the west nd of Raymond.
For opening and widening Raymond
street from Voorhecs street to White river.
FINAL ACTION TAKEN.
For brick pavement and curbing on Pearl
street from New Jersey street to East
For grading roadway, cement walks and
curbing on Boston street from Talhott ave
nue ti Pennsylvania street, at $1.24 per
For cement on Rural street from Now
land avenue to Massachusetts avenue, at
$1.4u per lineal foot.
For cement walks on Noble street from
McCarty street to Buchanan street, at $1.29
per lineal foot.
For cement walks and curbing on Illinois
street from Ray street to Morris street, at
$1.15 per foot.
For cement walks on Ruckle street from
Seventeenth street to Nineteenth street, at
For cement walks on Belmont avenue
from Michigan street to Tenth street, at 63
cents per foot.
MAY NOT BE A SUIT.
More Goip Concerning- the Centrnl
The belief was expressed generally in
state official circles yesterday that the
controversy between State Auditor Hart
and the board of trustees of the Central
insane Hospital over the appropriation of
SHO.om voted by the Legislature of ISM
for a new hospital building will be adjusted
without the bringing of a mandamus suit
by the board against the auditor to compel
him to draw warrants for the final pay
ments on the building after to-dav.
The act appropriating JllO.rtN) for the
new building says it shall bo completed In
the year lfd, which the board of trustees
construes to mean the calendar vear of
Auditor Hart, however, adheres to
the opinion that the act refers to the fiscal
year ending Oct. ::i. to-dav. The trus
tees say that in all the legislation of the
State there is no act creating such a
period of time as a fiscal year. They rec
ognize that according to custom regular
appropriations are made for fiscal "years,
but they insist that the appropriation for
the new hospital building is a specific ap
propriation, and therefore not governed
by the custom that seems to govern ordi
It is by no means certain that a man
damus suit will be brought. Neither the
auditor nor the hospital board will discuss
the matter. The general sentiment on the
matter Is divided. By some It is thought
the auditor's contention that the $110 100
appropriation lapses at midnight to-night
correct, winie others incline to the
neuei mat me trustees are correet in
construing the act as referring to the
calendar year V.ntl. if by compromise or
suit the appropriation is made to continue
through to De-c. ?A ample time will bo al
lowed for.th" eomnletion or the building.
In reference to the appropriation of Jl.l.in
b the Legislature of last winter to pav
for equipping the new hospital building
there are those who think Auditor Hart is
mistaken in his declared purpose to refuse
to draw warrants against the fund. The
auditor thinks the original appropriation
of JIM.oiiu for a hospital building was meant
lo cover a building completely equipped
and ready to reecho patients, but, on th
other hand, it is urged that the original act
specititl the items for which the $niooo
was appropriated and that furnishing and
equipment w re r.ot mentioned. It is further
r.ointed out that when the legislative com
mittee visited Centril Hospital prior to tin
convening of the Legislature of ld it
was shown that this building would nfed
an appropriation of $15.m for equipment
and assented to it, incorporating this item
in it report to the Legislature. Upon
the recommendation of that committee the
ppropriation was allowed. Since this ap
pioprintion is not available until to-morrow
ami will probably not be needed for several
months, nothing definite in regard to it
uill be decided for some time.
Pol lee Co mm iioner Named.
Colonel William E
Hitchcock, of Munefe
- - t
a member of the metropolitan police board
to tili the vacancy cuu-ed bv the- resigna
tion of Cyrus is. Heath. Mr. Hitchcock's
commission expires Jan. 21. pd.
Sued for Inf riiiKeiueiit.
A suit was startt-d in the United States
Circuit Court at New York last Tuesdiy by
F. M. peters against biscuit manufacturers
for Inf ringe nient of paper boxes for crack
ers. The package In dispute is eine used by
the National Hiscuit Company for Its
liiert? and ln-er-seal goods. An iniuiic-
ion and heavy damasrea art asUeti fl4p.
ARMY OF THE TENNESSEE
THIRTY-1 HIHI) AXMAI, JIEr'.TI.M;
WILL DE HELD HERE NOV. 13-H.
Oldest Army Soeiety or the W'nr tr
the Inion The Programme
The thirty-third meeting of the Society
of the Army of the Tennessee will be held
in this city Wednesday and Thursday, Nov.
13 and 11. This is the oldest army society
of the war for the Union, having been or
ganized in Raleigh. N. C, soon after the end
of the war in ls. It has had but three
presidents. General Rawlins, General
Grant's chief of staff, General Sherman
and General Granville M. Dodge, of New
York, who will be at the meeting here. It
has had but four secretaries, the present
one being Colonel Cornelius Cadle, of Cin
cinnati. After every meeting, a volume
containing the proceedings with all the
speeches has been printed, the set con
taining some of the most remarkable
speeches ever delivered on army occasions.
The printed list shows a membership of
about 400, the name of H. C. Adams, of this
city being the first. From April 25, 1SG3. to
the present time there has been a large
meeting every year. The twenty-three
honorary mmbers are the widows of dis
tinguished soldiers, among whom are Mrs.
Julia Dent Grant, and Mrs. John A. Logan.
By a provision of the constitution mem
bers may designate their successor in the
organization which insures its perpetuity.
Many of the successors thus named arc
ladies. At the last banquet half the ad
dresses were made by ladies. The Army of
the Tennessee embraced the Ninth, Thir
teenth, Fifteenth Sixteenth and Seven
teenth Army Corps.
Twenty-three years ago, Oct. SO and ?,.
1STS. the twelfth annual meeting of the so
ciety was held in this city. The business
meetings and reception were held in the
Metropolitan Theater. The address of wel
come was delivered by Mayor Caven, and
the annual adelress was delivered by Col.
Vilas, of Wisconsin and a rare address, it
was. At that time Indianapolis appears to
have had a Cecillan Glee Club. Governor
Williams spoke and General Harrison saw
an impropriety in the Army of the Tennes
see calling out "a corporal of the Army of
the Cumberland in undress uniform." Dan
Macauley made a humorous address. Of
the twenty-nine ex-soldiers of Indiana and
distinguished citizen of Indianapolis who
constituted the general committee only the
following a-e living: Gen. R. S. Foster,
Gen. George F. McGinnis. John C. New,
Austin H. Brown. E. F. Claypool, Ingram
Fletcher. IL C. Adams, Gen. John Cobutn
and Joseph Cameron.
The banquet was one of the most elab
orate ever given in this city. It was served
at the Bates House. General Sherman pre
sided. Many laflcs were present. The
menu was a glory of colors if not a thing
of artistic beauty, judged by present stand
ards. The contents of the menu would
paralyze a caterer to-day and must have
demoralized those who undertook to par
take of half of it. Gen. Green B. Raum
specke for the President; ex-Governor Hen
dricks for Indiana; General J. II. Wilson
for "the railroad In peace and war;" Gen.
Sherman for the army; Captain Franklin
for the navy: General Leggett for the
Army of the Tennessee; General George H.
Chapman for the cavalry; Gen. Jeff C.
Davis for the Army of the Cumberland;
(ien. A. A.' Auger for the rank and file; ami
General Harrison for "the patriotic dead."
Hut few members of the Society of the
Tennessee live in Indiana. The members in
this city are Gen. George F. McGinnis, Gen.
John P. Hawkins, U. S. A., retired, and
Captain Henry C. Adams. The others are
Captain T. R. Dunlap, Covington; Captain
A. L. Ogg, Greenfield; Colonel George G.
Pride, Huntington: Major H. Wardner, La
porte; W. S. Marshall, Marion; Colonel Jeff
K. Scott. Martinsville; Colonel W. A. Wain
All of the local arrangements are in the
hands of General McGinnis, General Haw
kins and H. C. Adams, who will also make
up the local committee and will assist them
in making: the occasion worthy of the city.
The reception will be held either in the
English Opera House or Tomlinson Hall
Wednesday evening. At this all the Grand
Army posts and citizens will be invited to
be present. The banquet will come off
Thursday night, but the place has not yet
been announced. It is not known bow
many members of the society will be pres
ent, but the number will probably be well
up toward one hundred.
Governor Durbin will speak the welcome
of Indiana and Mayor Hookwalter that of
Indianapolis. Quite a number of members
of the Grand Army and of the Lojal Legion
have volunteered to assist the local com
mittee. This committee will call upon Span
ish veterans for assistance.
THE STRIKE SITUATION.
Very Little Probability of n Se'.tle-
ment Statement of Mecroes.
The striking coreroakers at the National
Malleable castings plant and the officers
of the company have not yet reconciled
their differences, and, according to state
ments made by each, the plant will soon be
idle. The coremakers insist they will not
return to work unless the negroes in that
department are discharged. The company
says the negroes will be retained. The
coremakers held their second meeting yes
terday morning to discuss the situation.
They have been promised the support of
the other white employes of the plant. It
was rumored yesterday that the negroes
would be put at work in the core depart
ment doing the work which the .white men
had left. This, it is said, will cause the
molders to quit. The core-makers are re
lying much upon the fact that the stock
of cores will last only a few days and the
molders will then be obliged to stop work.
The strikers have been well-behaved and
they say there will be no acts of violence.
The police department has and will keep
an extra force in Haughville as long as
there is any possibility of an outbreak.
To State Labor Commissioner McCormack
the orticers of the company said they re
fused to consider the matter as a grievance
as the strike was solely the result of race
prejudice. The strikers are nearly all of
them nonunion men, and they are being
coaxed to join the union, in which case
the strike will become one of the union.
Expression of Colored Citizens.
Yesterday the following letter was mailed
to the management of the Malleable Cast
ing Company, by colored citizens:
"On behalf of ourselves, and the decent,
thoughtful, industrious colored people, of
the city of Indianapolis, we desire to give
some expression to our views among the
white and colored employes of your com
pany. In the first place we want It dis
tinctly understood that we feel no sym
pathy for any colored man in or out of
your employment who is not respectable,
industrious and lawabiding, and if there
bt any wbo go about armed or who are
criminally Inclined, we wish to express our
disapproval of such and to condemn them
in the strongest terms. We further want it
understood that we hope the authorities
will prosecute to the bitter end all who are
legally responsible for the foul crime com
mitted last Saturday night. We wish, how
ever, to protest against the disposition
manifested in some quarters, to blame the
entire colored population for the actions of
a few rufhans. Hoth have to earn their
living by the sweat of their brow. Deprive
a man of the opportunity to earn an honest
living, and you force him into crime. We
cannot believe that the white workmen
who are now on a strike, upon mature con
sideration of this matter, will Insist upon
the discharge of colored employes for no
reason than their color. We believe they
feel a deeper sympathy for their fellow
man, though he be of a different color, who
Is trying to earn an honest living for him
self and family, than to insist upon the
adoption of a policy that would tend to
make him a vagrant and a criminal. A
French statesman onee said that every
man is either a thief, a beggar or a re
ceiver of wagvs. Lt us ask the indus
trious, sensible, white man: Would you
make the-e colored men thieves and beg
gars? r honest receivers of wages? All
good citizens have a common interest in
th general welfare of each other, and it is
the duty of all to so conduct themselves as
to promote the good of the whole. We be
lieve the white workmen will do what is
right and just in this matter in the end.
"We believe that the position taken by
the company in this trouble, accords with
right and Justice, and we hereby extend our
thanks to the management. We alo
heartily thank the newspapers in this city
who hae civen good, enible advice to the
A powerful engine can't be run with a weak, boiler; and you
can't expect to keepup the wear and strain of an active life with
a weak stomach. Our boilers, or rather our stomachs, can't be
replaced, and wc cannot stop the human machinery while mak
ing repairs. But when the stomach is unable to dipest enough
food to keep the body strong, we can use such a preparation a
Kodol Dyspepsia Cure. It dipests what you cat, so that you can
cat all the good food you want. The use of such a preparation as
this Is the only certain way to cure indigestion.
Dlt can7"5: help but do you good
Prepared by E.O. De Witt &Oo., Chicago. The $1. bottles contains 2! i times the 50c Im.
When you need a soothing and healing application for piles, sores and skit
diseases use DoWITT'S Witch Hazel SALVE. Beware of counterfeits.
For sale by FRANK H. CAIITF.H. HL'N HV J. HI m:U and L W. STUCK Y.
striking workmen, and the stand taken by
the companv in this matter."'
The above was signed by John A. Fur
year. William II. Kumiss. S. A. Kumiss. J.
M. Forter, A. K. Manning and James H.
Good ShoTTlnK of Hie Sonlhern llo
pitnl Orphan Home.
The Southern Indiana Hospital for the
Insane at Kvansville, by its treasurer. Dr.
Joseph M. Hudspeth, made the annual set
tlement yesterday with the auditor of state
for the fiscal year ending to-day. There
was drawn on account of maintenance the
sum of tf.mw. and for repairs The
institution returned to the state treasury
f 5,423.15. The total expense for maintenance
of the Institution for the year was $:)r.t4:.
and for repairs $.',(). making a total of
llw.64-.. The fixed appropriation for the
institution on account of maintenance is
s7,Ch in addition to which the institution
is allowed a per capita at the rate of $170
for nn average daily attendance over 401
per month. The institution had throughout
the year a daily attendance of more than
IM in excess of th prescribed number. The
amount used on this aeeoitnt was $17.072.!5.
The showing made by the institution is re
garded at the state auditor's office as be
ing unusually good.
Mrs. Julia S. Conklin, treasurer; the
board of trustees of the Soldiers and Sail
ors' Orphans' Home at Knightstown. made
the annual settlement for that institution
with the state auditor yesterday. Nothing
was returned to the state treasury. The ap
propriations for the institution are: Kor
maintenance, $70.omt; repairs, fr'.orm; library,
J300; insurance, $750.
A GRAPHIC WORD PICTURE
3111!. I A 111 A HAYS I)IX TUni'S MIV
SIO.N WORK IX MAY MILVICO.
Session of the AYoninit'n Synodicnl
Society nt Tnlernccle Clinreli
Six years ago Mrs. Lydia Hays went to
Albuquerque, X. M.. at the call of the Fres
byterian Mission Hoard, and since that time
she has been one of the foremost workers
among the missionaries who arc striving
for the moral, mental and physical regen
eration of the races, Indian and Mexican,
which form a large proportion of the popu
lation of that State. Last night, at the
fourth session of the Woman's Synodical
Society of Home and Foreign Missions of
Indiana, in the Tabernacle Church, Mrs.
Hays told the church full of people, half
of whom were prominent missionary work
ers from all parts of Indiana, what an up
hill struggle it is to try to educate and
upbuild a race of men who are more child
ish than children and retain a good share
of the savagery which characterized their
immediate ancestors. Her experiences in
Albuquerque and Santa Kc, where she was
in charge of mission schools and worked
among the homes, were interesting, unique,
Mrs. Hays, in explaining the nature of her
work in New Mexico, explained that the
chief desire of mission workers there is to
get hold of the children; to get them into
the mission school; to educate them to a
desire for personal cleanliness; to guide the
development of the naturally quick minds
which the Mexican children have, "and to
teach them the simple, pure ideals of
Christ. When the children have been
gained, she said, it is easier to reach the
native homes, to get a hearing before the
distrustful parents. Although her labors
were in practical opposition K the Catholic
Church, Mrs. Hays indulged In no severe
condemnation of Catholicism or its work
ings in New Mexico. She left the impres
sion with her hearers, however, th t while
the Catholic Church undoubtedly did a
great work in Xew Spain originally, its
truly spiritual influence had diminished as
the vigor of the old native races had de
creased. Catholicism with the Mexican of
to-day. she thinks, seems to be more a
superstitious clinging to the misty beliefs
of ancestors handed down from father to
son and kept alive by the succeeding gen
erations of priests than pure religion. An
interesting feature of her talk was her de
scription of the "Fenitentes." the natives
who, in imitation of the ancient monkish
order of Flagellants, take their religion so
cruelly that they torture themselves with
whips, and, following one another. Hay
quivering backs with leather thongs till
the flesh often hangs in 'strips and the
blood runs in streams.
She spoke of the brightness of the chil
dren in the schools and related an incident
describing how, before a class, one of the
teachers was repeating in turn with the
children the books of the Xew Testament,
she happened herself to come to the end of
the list and said, "Revelation," when one
of the youngsters, not to be outdone,
chimed in with. "Amen."
At the session yesterday morning the see
retaries of the presbyteries reported, re
ports of the young people's work were
made, Mrs. R. V. Hunter reviewed the work
of the year and Mrs. I). IJ. Wells. Held
secretary, gave a talk explaining the meth
ods of work.
Officers for the ensuing year were elected
as follows for the Foreign Mission Society:
President, Mrs. A. R. Mitchell. Indianapo
lis; corresponding secretary, Mrs. Charb-s
1. Luce, Anderson; secretary of young peo
ple's work, Mrs. J. K. Rrown. Indianapolis.
Officers for the Home Mission Society will
be elected to-day.
At this morning's session Mrs. W. W.
Adler of Lafavette. Mrs. X. H. Huglu-s of
Fort Wavne. Mrs. W. II. Hubbard of In
dianapolis, Mrs. W. R. Stover of South
Rend. Mrs. A. L. Rohbuck of Wabash. Mrs.
J. M. Oldfather of Hanover. Mrs. Kutheiin
I.rfeke of Terre Haute and Mrs. II. V.
Wagoner of Krdghtstown will tell "The
Story of the Year.'' The sessions will c on
clude this evening.
lHOTI-TAT 'II I'll CHI'S.
A l.nrer Atielienee Attend I ml inn -npoli
A large audience was present last idtlit
to witness the closing exercises of the
three days' me-eting of the Methodist
Frotestant churches of the district of In
dianapolis. The Rev. R. Y. Hunter made
the principal address, his subject being
"The Xational Conscience." His word
were listened to with interest. The Rev.
(Uorge H. Sis-on delivered a sermon on
"The Twentieth Century City." This c losed
tll(. session except for the work f the
Christian Kndeavor Societies, which will
be considered to-day.
At the opening of the convention ye.-ter-ilav
morning a secret meeting was held, in
which all the ministers present partici
pated. A number of papers we re then pr -hcnted
and read, after which they w 1 rc
discussed, the latter service being led by
Mrs. M. J. McCajdin.
At the afternoon session three papers
were presenteel under the same title. "The
Coming Revival." Several of the ministers
gave their versions of how revival work
should be carried 011 to be successful.
WITH THE LIBRARIANS
topics ok ivh:hit to m:r.i:; i i:s
l MIHll 1)1 M'l MON.
Offleer Klrctcd nt tlie Hi r n i ng Sea
Inn in thr SiBtPhoiir The
Yesterday's sessions of the annual met
ing of the Indiana Library Association
were marked by large attendance, particu
larly of trustees of libraries in outside
towns and cities. The vi-iting trustees
came from KIwood. Fort Wayne, t'oslun,
Marion. Fern. Muncie and other place.
Miss Freeman, president of the associa
tion, announced the composition of com
mittee's as follows: On nominations. W. 11.
Henry, state librarian; Miss Kmma Meyer,
Delphi; Miss Mercia Hoagland. state li
brary organizer. On resolutions, Mrs. Cole
tick. Fort Wayne; Mrs. Stein. Itfayette:
Miss Ida icw is. Sh Iby llle. Auditing com
mittee, Arthur Cunningham, of the State
Xormal School Library. Terre Haute; Mi
Minnie Hughes, Greenfield, and Miss Al
tena Chapin. of the state library. The thre
papers esterda y morning "A pportinmcnt
of Time in a Small Llbraiy." by Miss Xcllie
Fa tout, of KIwood, "Reference Work with
Children," by Miss Reib- S. Hanna. of
tlrecncastle, and "What Critical Magazine
(live Itest Aid in Selecting Rooks." by th
secretary. Miss Jennie Klrod. of Columbus
were all followed by extended discussion.
It was elecided that the Ustion suggested
by Miss Klrod 's p.ip-r is answered by nam
ing the Sat'.nd.iy Krvie-w. published by ths
New York Time, and the hook magazine
known as th 1 dal.
The afternoon session wa ope nel with an
interesting talk on library architecture by
K. X. Iamm. of Cincinnati. O. This wa
followed by discussion oix'inil ly K. I.
Mummert. of ('oshn. alio" participated in
by Mrs. Lura I. Wood ort h of Kt
Wayne. (I. Wehster of Marion. Dr. L.
O. Malsbury of Peru and Architect Mr
Huron of Kort Wayne. Mr. Mclluron gae
an interesting account of important library
building in the i:,i-t that bad been isited
by him, and also exhibited plans for li
braries in process of cre tion in Klkhai t
and Marion. The session closet) with a
paper by Mrs. Ida (Innvell. of Marion, mi
"Open Shelves." that provoked much dis
cussion. Mrs. ;ruvcU's plan of allowing
the public to select book.1 for it.lf from
the shelves of public libraries seemed to
linel favor with many of those prexnt. Sb
declared that in four years she h;4,l loaned
üö.OoO books with a loss of only Ight vol
umes. Till: KVKXIXt; SKSSIOX.
The association at its closing session at
the Statehouse hest night elected officers
for the ensuing year as follows; President,
Miss Jennie Klrod. Columbus; vice presi
dent, K. K. Mummert, (Joshen; secretary.
Miss A. (J. Hubbard, of the sla'te library;
treasurer, Arthur Cunningham, of the Stat
Xormal School. Terre Hau:.
A eommitte-e to agree on the essential
points of library architec ture was appointed
as follows: Chairman, W. K. Ilenrj, tecrc-
tarv of the State Library Commission, ami
J. P. Dunn. Mrs. K. C. Karl. Joseph K.
Yoris and Miss Merica Haglaiul. members
of the commission.
The programme of the meeting called lor
a session this morning, but it was decided
to complete all business before the associa
tion last night. Miss Jessie Allen con
tributed a paper on "Library Work in So
cial Settlements." and Mr. Arthur Drans
feld an address on "A Worklngman's
Library," each of which was listened to
with c lose attention. A report of the meet
ing of the American Library Association at
Waukesha was furnished by Miss Kllra (J.
Rrov.ning. librarian of the local city libra
ry. A question box was conduc td by Mis
M. K. Ahren. formerly state librarian of In
diana, now editor of Public Library, a peri
odical published in Chicago. i iss Ahren's
magazine- was by unanimous vote of the as
sociation made its offVial organ and the
proceedings of the moting just concluded!
will be given in the next issue.
As previously announced, the library
class, conducted under the dir-ction eif Mis
Merica Hoagland. library organirer for the
Indiana Library Commis.-bei. will begin this
afternoon. The final session will 1k held
next Thursday morning. Lecture on ele
mentary library Instruction will be deliv
ered this aftern'MMi by Mrs. K. C. Karl,
Jacob P. Dunn. K. R. Kautz and Mis M. K.
Ahren. Mbs Hoagland announced last night
that the class will be made -p of Miss Clare
Rigney, of Moore's Hill College; Mls Yerni"
Rabiwin. "reentied; Jennie M. Tutt. South
Rnd; Miss Wilhelm. Laport-; Manie
Handy. ;renfield: Ib'ssie Monfort. Cireens
burg; Oorgia Friedley, Reel ford; Mrs.
Samuel Matthe ws, Tipton; Mrs. Lawrence,
Flai.ihe ld; Mrs. J ssup. IaiMitte; Miss
Shepherd. Miss Messing. Miss Laura Wol
folk and Oliver Clay, f Indianapolis.
THE M'KINLEY MEMORIAL
Committee Appointed by the (iovernor
Will .Meet Moniliiy.
The committee of fifteen representative
citizens of Indiana appointed by Governor
Durbin to supervise the collection of funds
in this State for the McKinby Xational
Memorial Association will hold its ihst
nie ting in the executive parlor next Mon
day morning at l" o'cl k to dis uss wa. s
and means w hereby the object fr whi h
they were appointed may he carried oat.
Senator Charles W. IVcirbar.ks will meet
with the committee t counsel with them
and offe r suggestions as to tlie best meth "1
of inaUKitratttiR the work f rabinn funds
tr a m morial to the martyred Pr-sldei.t.
The nann s of tlu me n composing the com
mittee', which have never before n pub
lished are: aptaln Alexander U'.chri-T. of
Kvansville-; ex-Re-pres ntative R. W. Mlets,
Rloomlatton; Xewland T. De Fauw. S w
Alhanv; Joe-oh I. Irwin. Columbus; W. R.
McKeen. Tt rre Haut.-; Charb Major,
ShelbyviMe; Frank L. J .u-. Mate stipeii.:
t no. nt of public Instruction: W. . Van
Arsde! and John P. Frenr.e-I. Indianapolis;
1 1 ugh ' Dougherty. Rluffton: Kit Marvin.
Frankfort: I'm moot Goodw inc. Willlems
port; ijuincv A. Myers. Lou. 1 1. sport ; Rolfrt
S. T..yhT. F-rt Wayne, and John R. Sti-il,
Ml It AT II AI.STi: UP
i.iri: am ihstim'i imii:ii m;v.
H OF W ILLIAM M'lvlM.IA'
Is the He! Life of Mr. McKinley
The Journal has pure-iwed several thou
sand of these books for the benefit of Its
subscribers. We bought them at an t -ceedlnglv
low prK c and can resell them to
our sub-cnb i s at U ss than w hol-...
tubes. We ale not making a single c.i.t
profit on the sale of the book. bni cun
.. eure- a book iv ! ionii.g a subscriber
it you arc n-t alreadj o.o-. We at:not
itte-mpt to Luni-h p.. .pic who are iot sub
m ribcrs. and will not furnish more than
a sin-'le copy to one person. Complete d
J.jis Vviil be "found In our t br n.lumn dis
play advertisement edew he-re in to-d..y s
papr. Read it carf ullv. If you wmil the
book, prompt action will be iiecai7,
the supply is limited.