davidaulloa/AmericanStories huggingface dataset:
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-01-26
Contemnt Proceedings.

In the suit Of Alexander Metzger against
cleveland 6 Adams, the attorneys for the plain
tiff made an attempt to secure the dispositions of
certain witnesses. but they declined to testify.
The notary, W. s. CARRIER yesterday reported
their cases to Judge Walker, who will consider
them this morning. The witnesses were Thomas
E. Endly and V. K. Morris, and the reason they
refused, as given by their attorney, r. o. Hawk
ms, is as follows;
II appear for Mr.. Endly, and, for and in be-
half of Mr.. Endly. state that he resides in the
city; that he is in good health, and is engaged in
business here, and does not anticipate leaving
the city; that he is not going to move away from
the city, and will be here in attendance at the
time of the trial and declines to testify for these
reasons and for the further reason that he is in
formed that no sufficient notice of the taking OF
this deposition has been served; and for the fur
Their reason that he is informed that sufficient
cause of action is pending in the court upon
which his deposition can be predicated."
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-01-26
Miscellaneous Notes.

The movement of freight over the cantalever
bridge, at Niagara Falls, begins next Monday.
The Vanderbilt road into the Clearfeld coal
regions will be opened for business, it is stated,
in April
The annual convention of the National Asso-
citation of General Baggage Agents will be held
Feb. 20, at st. Louis.
The earnings of the Northern Central division
of the Pennsylvania system for 1888 were
So OSS, 900; expenses So, So, 900.
Six per cent receivers certificates will be
issued on the Franklin & Stateline branch of
ina Toiieva1, Cincinnati & St. Louis to remove
the debt on the branch.
The increased number of stockholders the paste
two years in almost every railroad company is
an interesting subject for discussion. Notwith-
standing the market depreciation, the confidence
OF the people in dividend paying railway stocks
is very strong
The conference of Western railway managers
at Chicago, yesterday to form pool on trans
Missouri business, failed in accomplishing any
| thing. This ends all negotiations, and it now
/ only remains to be seen whether the roads will
maintain rates after Feb. l.
Receiver Clark, of the New York & New Eng
land road, evidently has an up hill job on hand.
Last year there was no net income The situa-
! ton demands that the net income OF the road
shall be increased from nothing to 81. 25O,0O0 a
sum sufficient to pay the interest on the bonded
! debt
The officials of the Pennsylvania Railroad
! Company state that all of the present lines un-
der contract will be completed by the spring Of
! 1885. This Includes the line up the Schuylkill
and numerous branches and extensions in the
btuminous coal field. 1t is estimated these new
lines will give the company increased net earn
ings of $j,000,0O0 per annum.
J. H. Cheney vice president of the Lake Erie
& Western road, says that while it is not certain
yet that the Peoria extension will be built, they
! had received encouraging reports from Eastern
capitalists and he wanted to make letting of
the contracts to construct the road soon as
spring opens up. He further said that they
wanted to have the road completed and cars run
ming by the LIST day of September, in order to
get the fall trade.
The automatic traction draw-bar recently
put in use on the Boston & Albany road is
performing admirably. 1t has already been
placed upon thirty locomotives of the Boston
& Albany road, and is being put on others at the
rate of six or eight month. The performance
sheets of two sister locomotives on this road, one
with and the other without the draw bar, both
running the same number of miles and drawing
the same loads, show saving of fuel in the case
of the former of $64. 50 per month. Every rail
way company which has grades to climb or high
degree curves to traverse should give this new
and unique invention thorough investigation.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-01-26

The Louisville New Albany & Chicago pay
ear is making its monthly rounds; viii pay on
the indianapolis division to-day.
s. H. Church. superintendent of Transports
ton of the Pennsylvania conpany's lines, gives
notice that a new system of keeping the car and
mileage records will be started in that Office Feb
l next.
The monthly meetings of the indianapolis
Local Passenger Agents Association have be-
come farce. Seldom do more than two or
three agents attend them, and when there is a
quorum nothing is done.
Superintendent Hepburn, of the Cincinnati
Hamilton & Dayton system, has instructed con-
ductors To pass free all members of the G., II. 81
d. Mutual Benefit Association, which holds its
annual meeting at Hamilton to-day.
A corps Of engineers has this week, begun the
survey for railroad from the point where the
Cincinnati, Van Vert & Michigan crosses the
Indiana, Bloomington & Western to Cincinnati
Parties interested in the c., V. W. & NJ. are said
TO be behind the new project.
The passenger agents of the vandala are
much annoyed that scalpers are selling so many
tickets over their lines, Representatives
of the Fandalia emphatieally deny that
they are giving encouragement to the scalpers in
this business, or that they have any agreement
arrangement with them, which is doubtless
true, yet there seems to be no remedy by which
the business can be stopped so long as the West
ern roads pay the scalpers commission.
The projectors of the Toledo, indianapolis &
st. Louis road met yesterday, reelected their
old board of directors, and they, in turn, re
elected the old officers The president of the
company says they now have in their treasury a
sufficient sum to build fifty miles of the road,
and they will commence throwing dirt at the
Toledo and indianapolis end of the line by April
] at furthest All the friends of the enterprise
talk very enthusiastically. and none express a
doubt as to the road being built
The Cincinnati Van Vert e, Michipan road
for distance of seyenty-six miles is now open
and doing a good business The company has
also practically completed the grading south of
Greenville to point in connection with the In
diana, Bloomington & Western. The rails for
this last portion are now on hand, and will be
laid early in February. The line will permanent
ly locate from Paudng north to the Michigan
State line at an early date, and is now being
located under company organized for that pur-
pose at jackson, Mich, to the State line. II. r.
johnson, the general freight agent, who is AN
indianapolis railroad production, is proving a
very efficient and wide-awake freight man
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-01-26
The Monument Fund.

1t is confidently believed that fully $1,000 can
be raised among the members of the George H.
Thomas post of the Grand Army for the erection
of the monument to Indiana soldiers. District
attorney Holstein says that he will contribute
$50, and number OF otl,tr members of the post
will give "a like amount it is believed. Mrs.
Leon Bailey who will give an operate concert
at the Grand Opera house on February IL, has
addressed letter to George H. Thomas post,
offering to give one half the receipts from the
sale of tickets by members of the Grand Army,
the money to go into the monument fund The
matter of at once beginning the work of raising
subscriptions will doubtless be given considera-
ton at the next meeting of the post.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-01-26

estate, or in prosecuting claims in favor of the
estate, such costs pertain to expenses of admin
istration, and their payment has preference over
other claims. But where a creditor of the es
tate, in prosecuting claim against it, RECEIVERS
such claim with his costs, the payment of his
costs has no preference, but follows the same Or
der as the claim upon which the costs were re-
covered. The trial of exceptions to an admins
traitors report does not entitle the parties to a
jury trial. lSec 1891 R. S., as amended by acts
Of 1883. p. 16l) Under section 1886, r. S., an
administrator may be allowed reasonable attor-
neys fees where he employs an attorney in the
management of the estate, but such fees are not
to be included in the allowance to him for his
personal services. Without reference to any
question of actual fraud, no compensation can
be paid to him for services as attorney in the es
tate represented by him as administrator, nor to
a law firm of which he is a member. The in
tent OF the statute is to take from administrators
and executors temptation to incur useless ex-
pense in the settlement of estates, and is simply
declaratory of the common law Perry on
Trusts, sec 432; Il Ill, ~ Judgment reversed.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-01-26

Room No. l.-Hon. N. b. Taylo;, Judge,
First National Bank, of Thorntown, Ind, VS..
Alpheus Burk ct al. note. Judgment against
defendants for $15031.
Sarah G. Van Vorhis VS.. John NJ CASTOR ct
al; suit on note. On trial by court.
William Hackett VS.. William johnson; to quiet
title. Plaintiff dismisses.
Room No. 2-Hon. D. W. Howe. Judge.
Mary Foley VS.. Francis Wright ct al; suit for
damage by reason of misunderstanding in sale
OF real estate. On trial by jury.
Joseph G. English VS.. Fanny Croft ct al; fore
closure. Judgment against defendants for $780,
by court
Silas d. tMarmaduke vs. The indianapolis Mill
ing Company; suit ON note by court Judg
ment against defendant for 5000.
Room No. 3-Hon. Lewis G. Walker Judge.
Charles T. johnson VS.. Joseph Beattey ct al;
suit on certificate. Judgment for defendant.
Urban Dehner VS.. August B. Meyer; suit for
damages On trial by jury.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-01-26
GENERAL NEWS.
The New England Roads Establish West
Bound Freight Pool.

Bound Freight Pool,
An agreement to pool the west-bound business
out Of Boston has been made between the Bos-
ton & Albany, New York & New England,
Central Vermont and the Fitchburg railroads.
Tariff rates out of New England will be restored
and maintained This is a more important step
than may appear in the mere reading, as
even before the Lackawanna line came into the
field for New England business but little through
west bound business was carried at rates The
New York Tribune says: For months past the
west bound freight business out of New England
has been in a condition of Generalization as re-
CARDS rates The absence of any semblance of
a pool has led TO a free scramble Of the different
railroads for traffic, and the irregularities uni
versally practiced have at times acted as a dis
turbing element in west bound rates out of New
York, even when the conditions in this city
otherwise were favorable to the maintenance of
the tariff. The jealousies among the Boston
lines led the Boston & Albany to insist that the
New York Central should withdraw from the
Hoosac Tunnel fast freight line, and this was
done month or so ago. It is believed also that
the present bankrupt condition Of the New York
& New England railroad was largely due to its
policy of wasting its revenue from through bust
ness in a ruinous competition with the Boston &
Albany road The desire to end this destructive
policy had a large share in bringing about the
new pooling agreement
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-01-26
A New Leaf in Railroad History.

The collapse of the North River Construction
Company is spoken of as absolutely unique in
railroad history, and therefore excites considera
bic interest In this ease the construction COM
pany, instead of making an immense profit in
building the road, is out of pocket large sum.
Heretofore construction companies have built
their roads as cheap as possible, and have made
millions thereby skinning the roads, putting up
fimsy structures and loading the public with a
lot of watered stock and bonds. But here is the
North River company going into a receivers
hands. because it has built the West Shore road
too well, and has put in something like s. 900 900
having expended its own $4,000 600 of capital.
Such evidence puts it beyond dispute that the
West Shore road is well-built solid, and in
herently valuable property.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-01-26
STATE OF INDIANA.
OFFICE OF THE AupIroR OF STAT

In pursuance TO the provisions of act authorizing
the sale and conveyance Of certain ands belonging to
the State of Indiana, and dsposing of the proceeds
thereof ETC., approved March 2 1888, will offer for
sale to the highest bidder at the door in
the town of Covington at from 10 a. to p. M,
on Saturday, March L. 1884, the following described
tract of land situated in Fountain county, belonging
to the State Of Indiana and authorized to be sold by
said act
Part of section Sec Town. Range. Acres. Apt.
The ne or of Sc or. 33 Ism wv 40 $40
No bid for less than the appraisenent will be re-
ceived
This land was mortgaged to the State of Indiana to
secure the payment of loan from the College Fund,
and was forfeited for the nonpayent of interest due
It. JAMES H. RICE,
Auditor of State.
INDIANAPOLIS, Ind, Jan "A, 1884.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-01-26
Thought To Be Defiant Because Ignorant of
Their Power.

Railroad men are now interested in the ques-
ton whether real agreement will come out of
the present negotiations between the trunk lines
looking to an adjustment of the troubles with
the Laekawanna people. President Sloan
agreed to enter the pool last November, but
when it came to real settlement he refused to
yield his will to that of the others. And the
Lackawanna has had three months in which to
go taking business and making contracts
There is no law to prevent him from breaking
away from the pool again at the last moment or
from turning up with more contracts which he
may feel obliged to carry out. Mr.. Sloan, it is
claimed, was defiant only because he was igno-
rant of the fghting ability of the trunk lines.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-01-26
pEMuRRFR To EvIpENoE-pRAcTIcE.

1O11O. Lydia ]. Reynolds vs. D. P. Baldwin
ct al. White G. c.
Black, C.-Where the action is upon promis
sorry note copy of which is set out in the com
plant, an averment that the defendants prom
ised to pay is not necessary. The note provided
for an attorneys fee, and the appellees intro
duced evidence as to the value of such fee. APP
pelants then offered evidence in defense and
appellees demurred to their evidence. The de-
nIurrer set out all eVldenee given in the case
Appelees joined in the demurrer without objec-
ton, and it was agreed that if the demurrer
was sustained the court should assess the dam
ages. No conflicting evidenee was submitted to the
court, to obtain from it, instead of the jury, the
decision Of a controversy upon any question of
fact. The presence in the demurrer of the evil
dence of the appellees simply as to the value of
the attorneys fee, did not so vitiate the demur-
rer as to prevent proper decision hereunder of
the question of the right of the appellees to re-
cover in the action In deciding upon the de-
murrer the court would not consider evidence
relating solely to the assessment of damages. 1t
cannot be supposed that in deciding upon the
demurrer the court was influenced to sustain it
by the evidence introduced by the appellees.
Judgment affirmed.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-01-26

and have the tricks of the trade so well in hand
that they need no posting. The amount of
business this line has been doing since opened
is ample evidence that every advantage is taken
of the situation. AS evidence of this fact we
give a home illustration: On Thursday last one
of the fastfreight lines offered leading
grain firm here fve-cent cut. The shipper
said you will have to do better than that. The
stuff won't be moved unless l get an eighteen
and-a -half-cent rate per 100 pounds" Within an
hour thereafter thirty cars of the Nickel-plate
line ware ordered by that simmer.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-01-26

CENTRAL-AVENUE METHODIST EPISCOPAL,
~ Chureh-Correr of Butler street and Central ave-
nue. Rev. A, Marine, D. D., pastor. Preaching to-
morrow at 1850 a. m and $50 p. M, by the pastor.
Morning and evening subject: Popular fallacies con
corning broad and liberal Christianity" Glass meet
ing at $50 a. m. Sunday-school at 215 p. IA.
Nj ERIDIAN-STREET METHODIST EPISCOPAL
IVk Churcb-Corner New York and Meridian streets.
Rev. John Alabaster D. d. pastor Classes at $50 a.
M Preaching at 1880 a. and $50 p. M, by the
pastor. Sundsyschool at 2 p. Young people s
meeting ON Monday night. Prayer meeting Thurs
day night Strangers especially welcome.
pOBERTS PARK METHODIST. EPISCOPAL
III Chureh-Corner of Delaware and Vermont streets
Rev. Ross 9. Houghton, D. D.. pastor. Glass at 8 a.
m and ESQ p Preaching at 1880 a. M and
1850 p, m. by the pastor. Subject of evening SER
mon. The trumpet of Sinai" Sunday-school at 2:15
p. m Revival services every night during the week
All invited to these services
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-01-26
Insanity of DIR. Cameron.

A commission yesterday decided that DR.. John
J. Cameron, 3IS Pleasant street. was of unsound
mind and fit subject for the asylum, the sup
posed result of insomnia and the use of ihtoxi
eants. His mania first manifested itself about
two months ago and since then he has become
very dangerous, frequently threatening and at
tempting to kill various members of his family.
He is forty years of age
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-01-26
AIAsTER ooNIMIssIoNERs-PRACTIoE.

1046O Thomas A. McNaught VS.. Philip A.
MeAlister. Owen C. c.
Bicknell, G. C.-When master commissioner
is instructed to hear the evidence and determine
the facts and to report the facts to the court
together with the evidence he is not authorized
to make general finding, or to state conclusions
out on motion in the court 81 Ind, 49, 50 ia,
1851 The bill of exceptions, though protesting
to contain all the evidence, shows that some of
the evidence is omitted Where this is the case
the evidence will not be considered t86 Ind,
511; p i'd, 4S2; rs i'd l61.l Judgment af-
frmed.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-01-26

PLYMOUTH CHURCH-CORNER MERIDIAN
lister. The society will occupy its new building on
Sunday, Jan. 27. Morning thought: THAT they may
have life more abundantly." Choir numbers. Lord
OF Heaven" Rossi; tie Deum, Sudds; ''Harl my
Soul, Westbrook Evening service at $50 Choir
numbers ''Benedietus Van Laer; Now the Day is
Over, Novello Ave Maria, Campana. Social open
ing on Wednesday evening, JAN 30. Supper from 6
tc o'clock. Seats may be selected between and
o'clock. From to $40 addresses and music A
cordial invitation is extended to all friends to all exer
cises and services of the church.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-01-26
SUPREME COURT-JAN. 25.

FAILURE TO TRANSMIT MEsSAGE-ANswER
107O9 w. U. Tel. Co. VS.. John S. Ferris. Shell
by G. c.
collars, J.-Action by appellee to recover the
statutory penalty for failure to transmit a mes
sage. Without negativing the charge that the
message specified in the complaint not
transmitted the answer sets up message be-
tween the same parties, upon the same day and
identical with that mentioned in the complaint,
and alleges that it was promptly forwarded, but
does not allege that it is the same message set
up in the complaint. This court cannot say, in
the absence of the evidence, that the message
set up in the answer was the same one set up in
the complaint 1t may be that two messages
Identical in substance were delivered by appellee
upon the same day, and that one of them was
not transmitted, as charged in the complaint,
and the other was, as averred in the answer.
Judgment affirmed
TELEGRAPH CoMPANIEs-LIMTTING LIABILITIES.
1880 Western Union Telegraph Company
VS.. Emma ]. Young Monroe 9. 9.
Elliott, IA telegraph company cannot alb
solve itself from the statutory penalty for failure
to transmit message by contract with the
sender STIMULATING that the extent Of the liabili
ty shall be twenty-five cents (52 Ind j; 40 i'd 50;
81 i'd. $685. An answer assuming to proceed on
one theory cannot be made good on some other
by casting into it isolated and subsidiary state
ments which if fully pleaded in a separate para
graph, might constitute defense. t36 Ind, 1913;
50 i'd SOB; 70 i'd, Is; Il i'd, 1851 Judgment af-
irmed.
QUIETING NEUTRALITY-SUSPICIOUS. SALE
DESCRIPTION.
11l43 Second National Bank of Lafayette VS..
Thomas Corey ct al. Tippecanoe G. c.
Howk, C. J.-Suit to recover possession of
lands and to quiet title A complaint to recover
possession of real estate must alege that the de-
PENDANT unlawfully keeps the plaintiff out of pos
session (57 Ind, l66; n i'd, SOL In an action
to quiet title the complaint must show that
the defendants claim is adverse
to the title asserted by the plaintiff
or is unfounded and a cloud upon the plaintiffs
title (54 Ind, 81 60 i'd, 1888; 81 i'd, AL Where
land is sold by defective and insufficient de
scription in the levy of the execution advertise
ment sale, and conveyance, and possession fol
lows such sale, the ten years limitation will con-
stitute complete bar to an action to recover
the land by the execution debtor or those claim
ing under him by title acquired after the date
of the Judgment. Although the sale is void and
passes no title the statute of limitations applies
to it. (6S Ind, IA; 80 i'd, 5O7: 70 i'd, 56.l Judg
ment affirmed.
EsTATRs-ExPENsEs OF OBSERVATION-DISCLOSURES
TRIAL. .0r
1859. Henry W. Taylor VS.. james Wright,
| administrator Montgomery G. O.
| Hammond J.-Where costs are incurred by
| an administrator in defending claims againstthe
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-01-26
They Need No Pointers.

The Nickel-plate fastfreght line manage
ment has just issued circulars to its agents. Civ
ing them pointers on working up trade 1t is
stated in these documents that mo competitor
of this line has equal facilities open for the de
velopment of freight business Most of the
agents at Western noints are old freight men,
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-01-26
APPEAL-oM1TrED EvIDENc-

854s F. j. Van Vorhis VS.. Thos. j. shannon
ct al Marion S. G.
Black, Con petition for rehearing, where a
question can be presented to this court as well
without part of the evidence as with it, the
absence of such evidence will not prevent an
examination of the question. N Ind, 500
But this court cannot know the full effect of "a
written instrument introduced in evidence mere
ly from the name by which it may be designated
in the bill of exceptions Its effect must he de-
termined from its contents. This case does not
form an exception to the general rule. Petition
overruled.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-01-26
Y. M. G. A. Notes.

Union Sunday-school teachers meeting in the
chapel every Saturday, at ~ o'clock. The Rev.
j. H. Doddridge' leads to-day.
industrial school for girls same place every
Saturday, at 2 PaSL
Bethany Mission Sunday-school same place
every Sunday, at 2:3o P. NJ.
Gospel service for everybody on Sunday at
o'clock p NJ
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-01-26
CHURCH SERVICES.
Baptist.

EIRST BAPTIST CHURCH NORTHEAST COR
y ner of New York and Pennsylvania streets. Rev.
m. and 7:30 p. Sabbath-school at p. m. All are
cordially invited to these services.