davidaulloa/AmericanStories huggingface dataset:
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-09-02
THE COURT RECORD.

General Term Hon. n, B. Taylor, Presiding Judge.
First National Bank OF indianapolis VS. Deloss
Root ct al; affirmed. Walker, Judge. Appeal
Lewis G. Garrigus VS.. Supreme Council Order of
Chosen Friends; reversed Howe, Judge; Walker con
curing.
Charles E. Smith vs. Frederick A. Rober ct al;
judgment affirmed. Walker, Judge.
Henry Emnleman vs.. City Of Indianapolis; jridg
ment affirmed.
. Louisa B. Twiname VS.. Citizens Street Railway
Company; affirmed Taylor, judges Walker cOncurring.
Appeal granted
fJno b. Conner vs. Citizens Street Railway Company;
Judgment reversed. Tayler, Judge; Walker con
John Kidd, administrator, vs. Charles n Gilmore ct
curing. Appeal granted.
William B. Walls ct al VS. Josiah c. Lane; iudg.
rnent affirmed Howe, Judge Walker concurring.
Lewis G. Garrigus VS.. Supreme Council Chosen
Friends reversed. Howe, Judge.
Organizations of mixed social charitable and in
surance character are far caims Of members for
$500 g sgpSs
tions in the articles of such companies providing for
reference of claims for benefits 60 boards ETC.. are
courts of law unless such interest clearly
appears. Il Ellis 8 Ellis, 1926; Eng Rep
663; notes.) The law does not recognise
validity of agreements to GUST courts of their lawful
jurisdiction, such stipulation in articles Of an
Insurance. company that the question of right of a
a be to s sr HSdes SssS
officers OF its own choosing. MAY ms, I'd ed SEQ.
1922 20 Wall, AS, 70 Penn, / 478; ia Mass
1885, SS Ind, AGO; 2 Wharton, $685. 81 Md, 90; 27
Alb Law Jour, 439, commented onl As to stipula-
tions making application TO board the decision
thereof to the extent Of disability amount to be
paid, ETC., condition precedent to right to (See
2 Addison Contracts, Abbott's ed, HAL 3 Am
Law Rec, 249i ID Eng Rep, 663, notes; May ms,
I'd ed sec. 1881
John Kidd, administrators vs. Charles T. Gilmore,
ct al Affirmed.
Howe 1.-THE conflicting claim Of third person to
property sought to be reached by proceedings supple
mentary to execution may be determined such pro-
Usedings (59 Ind, 458; 70 i'd, 49, The validity
of transfer Of such property by the judgment debtor
to such third person need not be specifically raised by
peadings, pleadings at all by the defendant be-
ing required under Sec. 822, r. s. 1881.
81 Jacob Huebner vs. Emma J. Losey Affirmed
Howe, J.--Where agreements, or the promise of
party to it, is reduced to writing and signed by
such party only, it is not technically written agree
ment but except where the statute requires writing
the ascent Of the other party to the agreement writ
ten, his agreement to do what he is to do may be
given verbally may be shown by his acts or con
duct GO Ind, Is; 90 i'd, Lag, 40 i'd, 81, 20 i'd
502 n i'd, 1S4) Where a debtor makes new
promise to pay old debt discharged IN bankruptcy
the effect of the promise Is TO revive the old debt
and his further liability is based on the old debt ex
cept 50 far modified by the new promise. Il Chit
ty Pleading, 10 Am. ed. 81; Bump Bankruptcy 8
ed, ISL; 6 Cush., 238i 50 N. Y, 52I.l
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-09-02
The Bottom Out Of Live stock Rates.

Freight agents of the roads included in the
Indianapolis East-bound Freight Association
met yesterday for conference with Commissioner
Doherty. The reduction of rates in cattle and
dressed beef was the principal topic talked over
The rate which goes into effect to-day on cattle
Is 18s cents per 100 pounds, Indianapolis to New
York; 80 cents per 100 pounds on dressed beef
The rates on hogs, sheep, horses and mules are
not reduced, and it is believed that the re-
duction on cattle and dressed beef will be of
short duration The trouble grew out of the
inability Of the roads to agree upon the proper
difference in rates to be allowed between live
cattle and dressed meats. The Erie and the
Grand Trunk have specially developed the traffic
in dressed meats, and the New York Central and
The Pennsylvania have complained that their
livestock traffic suffered from what they alleged
were discriminating rates allowed dressed beef
shippers After an elaborate taking of testi-
mony on the subject, Mr.. Fink submitted a
recommendation as to the equitable differences
to be allowed in the rates The Grand Trunk
has appealed to arbitration, and S. w. Allerton,
large cattle shipper, and Mr.. Swift, the
dressed beef man, have been agreed upon as
joint arbitrators, with Charles Francis Adams, jr
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-09-02
Omcial Changes,

G. E. Henderson, general manager of the Day
ton division and disqualification division of the
Toledo, Cincinnati & St Louis road, operated
by the purchasers, has appointed e. Gimperling
superintendent of both divisions, vice W. W.
Cummings, relieved. Mr. Gimperling
ranks among the brightest most ac-
tive railroad men in the West In
the years 1873 and 1874 he was superintendent
of the L. B. s. w. road, and filled the position
with ability A circular will be issued to-day
appointing w. T. Williams, now travelling
freight agent of the l., B. & W., general freight
agent of the Dayton and Southeastern division
Of the T., G. & st. r.. j. F. Allen again returns
to the L, B. & W., and succeeds Mr. Williams
as travelling freight agent.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-09-02
Postmaster wildman's Report.
The report Of Postmaster Widman for tn,
month ending Aug. 81. is as follows
state Bank examiners.

Albion Beck, Of Warsaw, and William o.
Foley were reapointed State Bank Examiners
by Auditor Rice yesterday. twill be Mr.. Beck's
duty to make the examination Of the banks in
corporated under State laws at Middleton.
Mooresville, New Castle and Hartford City, while
Mr. Foley will give attention to all others.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-09-02
Suit for False Tmprisonment.

arrested and confined in jail by Sheriff Hess
and his deputies, Arthur n. Whitesan and John
H Reed, and ne therefore has sued them fer
$40, 900 damages.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-09-02

this election should be deferred until a ticket
could be agreed upon. For this reason the COM
planning stockholders, claiming to be ma
jority did not appear, but the wicked minority
did and elected itself Board of Directors, and
Mr. Sully was chosen president of the company
A suit, therefore, has been begun by the major
ity against the minority and the two corpora
lions with a view of setting aside the contract
to restore the bonds or suffer in damages.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-09-02

Mrs. Brown will be lat home" to their friends
at the Grand Hotel from the 10th to the 25th
inst, and after that at their residence, No.
436 Broadway
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-09-02
The outlook for the Erie Discouraging.


1here is good authority for saying that it is
still question whether John King will take the
presidency of the Erie road. He has said posi-
lively that he will not unless all troublesome in
debtedness hanging over the road is lifted
The condition and financial prospects of the Erie
road, as stated in the Times of the 9th by Mr.
Powell, one of the English committee to investi-
gate the road, must be considered both gloomy
and disappointing. That the road needed be-
tween four and FIVE million dollars to pay off the
floating debt was already known That some
very questionable collaterals, which are not mar
ketabe, are left to raise money on is also no
news The assurance given to Mr.. King by
Messrs Powell and the Westlake, on the 18th
inst, was that the needful money would be fur
nished, yet, on the eve of sailing for England
Mr. Powell sees fit to qualify this promise in a
way that leaves matters in the old unsatisfactory
state. Mr.. Powell takes rather gloomy view
of the situation. 1t is indeed not very encour-
aging for the second bondholders to find money
to pay for future equipments ETC., which they
must do under the new plan.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-09-02
WITH

MAY mean poisoned with Potash. This Is the case
with hundreds who have been unwise enough to take
Sarsaparillas Potash mixtures etc. until digestion is
almost fatally impaired Swifts Specific Is vegeta-
BILE remedy, and restores the system to health and
builds up the waste made by these poisons
II was suffering with Blood Poison and treated
several months with Mercury and Potash, only to
make me worse The Potash took away my appetite
and gave me dyspepsia, and both gave rheumatism.
then took Sarsaparias, etc. All these Sarsaparla
mixtures have Potash in them This made we still
worse as it drove the poison further into my system.
friend insisted should take Sifts Specific, and it
cured of the Blood Poison drove the Mercury and
Potash out or my system and to-day well as
ever was. GE0sO. WEIlIIhAN. ira Salem. Mass
John A. Smith. the largest merchant in Gainesville.
Ga, says; suffered for years from the combined
effects Of Erysipelas and Eczema. l continued TO
grow worse under medical treatment and by taking
medicine containing Potash. S $. s cured me thor
oughly and absolutely. Ny appetite, strength and
flesh returned as I was cured with it.
Treatise Blood and Skin Diseases mailed free
to applicants
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-09-02
Marion Circuit Couri

Hon. }. @. Adams Judge
Andrew w. Sprague VS.. Columbus M Jackson; suit
for damage, on change OF venue from Hancock county
Dismissed by plaintiff,
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-09-02
MINI s. ELETCHER ELEEIRIE BELT

Il ihdefsed by physicians Of brains s iust what Is
needed" Sold in Indianapolis BY BROWNING g
SLOAN. and druggists. See il. Circular free Made
by A. 9. uHT0HRR 8 Co, Misunderstanding Eleotti-
Clans Cleveland, Ohio.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-09-02
SWIFT sprrIFTC 20.

Drawer 8, ATLANTA, ia.
New York Office, 159 West Twenty third street,
between Sixth and Seventh avenues. Phfladelphis
Office 1905 Chestnut street.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-09-02

The Pennsylvania Insurance Company.
Some months since mention was made that
the directors Of the Pennsylvania lines east and
west of Pittsburg had appointed committee to
examine into the differenJ forms of insurance
of employees adopted in this country and in
Europe. This committee has reported, and steps
are at once to be taken to insure every employee
on the Pennsylvania system. against five
contingencies. First, death from natural causes;
second, sickness from natural causes; third death
from accident fourth, inability to labor from ac-
cident fifth, incapacity by reason Of attaining the
age of sixty years, after ten years continuous
service with the company The officers in charge
of the several departments have been instructed
during the month of September to fill out
blanks giving the name, age date of entering ser
vice of the company. what capacity, what po-
sition he now holds and his present salary. What
per cent of an employees salary shall be paid for
such insurance has not been fixed upon, but will
be in few days. Neither has the amount
which shall be paid to the heir of a
deceased employee been settled upon.
The only feature which has been
decided upon is that an employ when unable to
do duty from sickness or accident or is above
sixty years of age and is incapacitated to do
service, shall draw onehalf his salary from the
time Of his disability to recovery or death
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-09-02
matters to Come to Head To-Day.


The general passenger agents of the Indianapo
lis roads meet here to-day to confer about local
troubles For some sixty days the local officers
have been running the passenger business fixing
rates to the wishes of the travelling public re-
CARELESS of revenue to the roads. While some
have not been so deeply engaged in the slaugh-
tering Of rates as have been the O., St L. q =.
the Vandalia and the T., b. g. w, all have been
somewhat mixed up in the affairs, being forced
into it for self protection. stormy session IS
predicted. This would seem useless, however,
and it would certainly be better to all wipe out
old issues and to-day begin anew, all entering
into an agreement similar to that which mas
worked so successfully for four years IN Kansas
City, which agreement includes general passen-
ger agents, general agents, local agents, ticket
brokers, ticket scalpers and curb-stone solicitors
for all take hand in the general demorallza-
tion of rates. Under the Kansas City agree
ment, if the representative of any road cuts
rate the road is responsible and on every tlck ct
sold is subjected to heavy fine; and the road is
forced to pay such fine, and one or two doses ct
fects cure. And it might be we'll to-day to
discuss this question of paying commissions. Let
indianapolis roads set an example; pay their
general agents and local agends hand
some salaries. and let it be understood
they are to receive no commissions;
for, say what you please, the commission agents
action has done more to continue the recent de-
moralization Of rates than any other or all other
causes combined All will agree that railroads
ought to have their affairs so organized that it
will not cost this large percentage to obtain bust
ness, and, above all things, it should not be In
the power of lot Of young and impulsive men,
not in the responsible control of most of the
roads interested to precipitate a war of rates
The agent, by scaling his commission, makes a
small sacrifice or by largely increasing the bust
ness, adds much to his profits during brief run
But the roads thrive best on regularity, and if a
cut causes retaliation. as often happens, they
suffer thousands Of dollars in order that a few
men, who have not dollar at stake may force
commissions for few days or weeks.
Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1884-03-14
Tha rir1t Gun For Arthur.

Louisiana, of the Southern states,
fires the first gun for Arthur. There
are sixteen delegates from the slate 70
the national convention. Congress
man Kellogg heads the list, Com
memcing with the fifteen remaining
ones IL Is foand that each and every
one is an ofilce-holder under the
present administration One is collec-
tor of customs, another surveyor oi
customs, third naval oilicer-in fact
all EXCEPT Kellogg, hold places In the
customs house st New Orleans. The
Arthur men had II all their own way
and at Chicago they will vote for Ar
thur first, last and all the time. Logan
didn't take trick; he was "skunked'
out of the game. II Is altogether
probable that similar results will be
achieved Ia the other touthern states.
There Is some talk of au "opeD field
and fair fight herein Texas, but II Is rs
well to wait ntil the state convention
meets before placing confidence in the
talk. The administration has the in
side track and all the Indications point
To the fact that Arthur Will go TO
Chicago with a solid Republican,
South at his back. Richard Nelson
will find it uphill work to get ahead of
the ofilce-holding element.
Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1884-03-14
TEXAS NEWS ITEMS

A new iron fence is being built
around the court house at sherman.
Last Saturday at Atlanta, the resi-
dence and smoke house Of Mr.. John
Smith were burned.
The Baptist church at Lampasas
has, by II unanimous vote, invited
Rev. Major w. +. Penn to come and
hold ten days meeting.
At Lanark last week, Mr.. Frank
Burk was sitting on the carriage of II
saw mill, which by accident was set in
motion, when the saw struck him and
cut his body into two pieces.
A street preacher held forth in
Houston on Sunday afternoon. While
he was preaching an irreverend spec
tator brought out glass Of beer and
offered it to the preacher. He did not
drink 1t.
An attempt to assassinate Mr.. j. G.
Lowery near Gainesville was made n
few nights ago as he was riding along
the road. Four shots were fred at
him, one of which struck the horn OF
his saddle.
Frank Rande, the desperate who
suicided in the Joliet penitentiary last
week. lived in Houston in 1873 and
was known NJ &. G.. Scott. He was n
policeman and murdered German
named Reahagen.
Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1884-03-14
The Homestead Law.

Dallas Mcrcu 81
In reply TO an article in the Fort
worth GAZETTE upon the subject oi
cur exemption law, the san Antonio
/ Times says:
The homestead laws of Texas con-
I slltute The bedrock of her prosperity
ana have drawn thousands of families
into the state. When families have
MONIES, exempt from forced sale, they
make better citizens, in all respects,
; ana are not apt 10 sink into pauperisni.
me bort Worth GAZETTE is EDITING
me- ~ assailing the homestead laws:
they VIII never be repealed while time
/ lasts
In our opinion, the effect of the
homestead law Of Texas has been evil
ara only evil continually. 1t may
nave added to our populotiop, as tile
liiiies says, but the query ia, has il
auded The right kind Of POPULATION?
AN honest man does not need eXemp-
lion to the almost unlimited amonnt
winch our law gives him, and cant
.ails's are 10th to send money. even mt
h,sh rates of, interest, into a state
where man may build costly house
ahu furnish II in luxuriant style, and
sun, II mechanic, brakeman or pro-
'essioial man, have all his tools.
apparatus or books belonging to his
trade or profession, exempt from sale
lhe law now exempts:l. The home
sead OF The family without regard to
cos, o. the dwellingl. 9. All household
ana Kitchen furniture, 3. Lot or lots
IN cemetery. A. All implements of
nus .. All tools, apparatus
anu books belonging 10 any trade or
p : le iI @. The family library and
a., laiiliiy portraits and pictures. 7.
I Tave mich COWS and their calves. S
i Two yoke OF work oxen, with necessa-
~ yokes and chains. 81. Two horses
ANU one wagon. 10. Oae carriage or
,6uggy. IL, One gun. l2 twenty
i1 ,9, u. Twenty head of sheen. il
All al saddles, brides and harness neces-
10y ior the use Of the family. Is. All
a ntoslslon and forage on hand for home
consumption, or 10. All current wages
, personal services. All In all we
l., 1t to be the most liberal i" home me
s stead law In the land or The world
d a,Nh ITS effect has been 10 eneonrage
the state. "'oP capilni out OF
Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1884-03-14
Fort Worth anu the Gazette.


IL common remark that the
r"rt worth GAZETTE Is fully ten wear.
w. auVance OF the business Interest.
nhu demands of the town in which II
y; published, but glance at its adyer.
w., LING columns will suffice to provs h
u ,ne contrary, There is not nno,hey
,hp either In Texas or out of Tsnss
I'm ,hm Is published in a town four tines
lug SIZE OF Fort Worth that reca;uss
, na.' ~ 50 large \ local advertising patron,
a ss',, as DOS the GAZETTE. MS yerr
, ,,,nn local advertising patronogs
, ioses mat Fort Worth has tie most
ma 'e'a a., energetic aud far-seelnr hmsl.
,nei. OF amy state, aud while they
~. ~ ssva. measure, make the GAzrrr9s
mol uAzkfrE, on the other bnna
u ths :, them, The par excellence ~
e ehv IAlElfE as Newspaper is annrs.
liz ann admitted by all, and not onl :
w people OF Fort Worth, Int ~ ~
/, " ens STATE may justly he proud Of
nr.di. :. Is paper that would reilec,
Inhabitants. Aaii nhi''oi'
Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1884-03-14
An Oreon's Impudonce,

We take the following items from
the Houston Post:
is the Fcrt Worth GAZETTE getting ready
to flop on the gubcrnatorial succession? il
looks That way.
General Ross says he Isn't candidate fol
governor md ho means ". Hut hc does NOT
say that he viii decline the nomination II ht
gets II Fort Worth GAZETTE.
General Ross ducs say that lie does moi
want the ofliec pnd would not accept the
nomination II rendered him. What 4, the
matter with the GAZETTE" HAS IL Joined the
News In its stil.hunt AFTER "anybody To beat
irelnnd"n
The cats out of the bag at last. The
good words OF the GAZETTE for Gov
ernor Ireland have been gall and
NORWOOD 10 the Post That paper
would be known as the sole friend OF
the governor. II is more than wei
come, SO far as the GAZETTE il con-
cefned, to the distinction IL has won
OF being his "thick-apd-thinn organ,
The GAZETTE aspires 90 no such slavish
advocacy OF any man. We have COM
mended Governor Ireland for an adj
ADMINISTRATION successful aud satisfucto-
ny ia the main, and We have rs freely
criticised what we could not approve
in his public action; and this the GA
1E1-rE will continue To- do regardless OF
the orgau's opinions or uiteauces.
The Post as well rs the people can
learn OF tho GAaErTE's opinions from
the columns of the paper, and we do
not recognize the right of Governor
ircland's organ TO eatechise this paper.
Itmight shock the vanity of the organ
10 know that the GAZETTE has been n
better friend to the governor than the
newspaper which deemed II necessary
to besmenr another gentleman will
political mud in order to make capita
for his excellcncy. The GAZETTE /.
more ilmn friendly to Governor Ire.
laud, hut ii does net deem cock-aud-
bull stories about railroad schemes
necessary 10 his reelection.
Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1884-03-14

right to be considered innocent until
these allegations are proven, but II be-
gins TO look ms though Russell is be-
irg avenged. With Brewster Cam
cron on the ragged edge, and Judge
Turner cbsrped With acts which, u
proven, viii likely drive him from the
bench, there ia rapid routine OF
scenc.shif,ing. Russell must not DC 50
miserable AFTER all, for he reads ihe
papers every day, and Is well informed
80 10 everything that Is going on.
Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1884-03-14
Engllsh ana Amonean PnbNo Men.

huBlloN hNl AluOllttu / NullU IucIl,
We are inclined to the opinion that
the new aud certainly bright daily at
the state crpltal, the Capital, ovcrcsii-
mates The generosity OF cur British
cousins to their parliamentary officials,
In recent issue of the Capital we find
the statements
England phys her public servants moro
iibcrlly than the Americans do aud this is
probably one of tho reasons why there are 80
few cases OF default, cnho2Slemcnt and
bribery over there She rays thc speaker ui
the house of parliament {, % IN year, but ~.
lows him no poworto pnclS Commuters Ia the
Interest OF monoroiius. Perhaps s,".cOl ut
Washington ismOre profitable TO the speaker
than the lhltishcr's position.
l If we are not mistaken neither the
members nor the speaker Of the house
OF commons receive compensation
while in such position, from the gov.
eminent. The annuity granted the
speaker, as in the case referred to, l.
upon his retiring from office. such
amount was voted TO Sir Henry Brand,
speaker for many years, when he re.
signed two weeks ago, Ii Is all the
more, then, to the credit of British
public men. that they are, as rule,
free from disreputohle practices. Bat
In conceding this we should net be
little our own country by comparison,
The speaker of the American
house of representatives is al.
ways n partisan aud he serv es
his party in his appointments
We are proud to say though, that,
barring Keifer and Colfax, our speak.
ers have been men who, IN the main,
reflected credit upon the national
name, and even keiier was not MS bad
ia some things as he has been repre-
scented. British speakers have pursued
policies which, in this country, would
excite the same emotions us those with
which we regard the Keifer regime
Colfax was-well, he was colfax. And
has he not reaped his reward lis he
not reaping II yet?