davidaulloa/AmericanStories huggingface dataset:
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-11-16
THE CIVIL RIGHTS ACT.
Demurrer Is Filed That Brings 1t
Into Controversy.

A demurrer has been filed in the suit of
Luella Colman against the proprietors of
the Hotel English. The plaintiff, who Is
colored. brought suit against the hotel man.
agement because she was refused admis-
sion to the elevator of the house. She
claimed she had business with a woman
who was a guest Of the hotel. She charged
that the man in charge of the elevator de-
cined to allow her to ride and she was
compelled to climb several flights of stairs
The demurrer to the plaintiffs complaint
sets up the following contention: 1--WE think
it evident. from a reading of the sections
of the statute under which this action is
brought that insofar as they require an
inn to extend equal accommodations to all,
the reference is only to guests of the hotel.
1t cannot refuse accommodations to a per-
son on account of color, nor can 1t refuse
the same facilities to one guest which are
permitted or extended to another on the
ground of color. But the statute has no
reference to mere licensees whom the de-
PENDANT. or any hotel may tolerate about
the hotel without their having a right there.
may adopt any regulations 1t pleases and
we take ii that the fact that hotel might
permit white people. not guests of or con-
nected with the hotel, to loiter about the
office = would in no sense Obligate the
hotel to tolerate like trespassers of colored
people. We insist that the statute has
reference alone to those who are or who
seek TO become guests of hotels. and for
this reason the complaint is defective"
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-11-16
FOR AND AGAINST.
A Good Many Witnesses I'm the Fair
bank Case at Lebanon.

Interest in the Fairbank case, on trial at
Lebanon, is increasing. The plaintiff has
introduced number of witnesses to show
that the indianapolis resort is a nuisance
TO the neighborhood, that rowdy characters
frequent the place and that the law is OPEN
ly violated in the selling of liquor. Wit
nesses testified that liquor has been sold
there after IL o'clock al night and on Sun
days and holidays. Among the witnesses
for the plaintiff were John w. Marshall,
Charles Z. Jones. Harry Cribs. Samuel NJ.
Dunning and j. A. Shirley, residents of the
neighborhood: Irwin Cox, James Barnes,
Joseph Hadley and Joe Cochran, who have
visited the place, and Joseph III. Clark. "A
real-estate agent The plaintiff concluded
his case yesterday morning and rested.
The defendant introduced number of
witnesses yesterday to show that the char
actcr of Fairbank was good for order.
Among thcce witnesses were Albert Gall and
II. J. Scholz. ex-state treasurers: Harry Il.
Smith. auditor of Marion county; Deputy
Auditor Fred Shepard. John McGregor.
county commissioner; A. NJ Kuhn. A. e.
Koehne. county treasurer-elect. and Isaac
Kantrowitz. All these testified that they
had visited the place and that they saw TO
drunken characters and heard no profanity.
Some of the witnesses visited the place in
company with their families.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-11-16
EXECUTIVE COMMITTEE
Is in Session without Taking Up Mat
ters of Importance.

The executive committee of the United
Mine Workers of America was in session
yesterday at the Occidental Hotel Chair
man Dolan had not arrived and nothing
official was done. The meeting, it is
claimed. has no special object in view other
than the discussion of affairs which usually
come up in the regular business at these an
nual meetings. A number of district presi-
dents are also in the city to confer with the
committee. A dispatch from Columbus O.,
says: ut Is learned here to-day that a
secret conference is being held at the ma
tional headquarters of the United Mine
Workers in Indianapolis by all the district
presidents of the organization in the COM
pettive field. 1t is understood that the
miners feel that they are entitled to n share
of the prosperity which iS now being en-
joyed by the country and that an increase
in the price of mining will be asked. Moth
ing will be done, however, without the full
consent of the operators
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-11-16
Rate Discrimination Inquiry.

The subcommittee on transportation of the
United States industrial commission began a
ten days session at Chicago yesterday. A
thorough inquiry into the charges of dis
elimination in freight rates by railroads will
be made and the alleged combine of ele-
vators will also be investigated. The men,
bers of the committee met in secret session
in the morning to decide on a programme
and general discussion of prelimnaries.
No evidence was taken until afternoon,
when ex-senator John III. Reagan of Texas,
was the first witness. In his testimony be-
fore the committee he said that If il is not
possible to have the freight rates regulated
the next best thing is regulated pool"
which should provide for severe penalties
for violations of contracts. Judge Reagan
did not favor the control of railways by
the government. The increased power and
patronage given to the government for dis
posal. he said, might endanger the liberties
of the people.
The commission questioned Judge Reagan
relative 10 the taxing of franchises of rail-
roads. The witness said he had never at
tempted to fix a valuation on "A franchise,
as the matter had never come before the
commission OF which he is a member. IN
giving his evidence Judge Reagan read "A
long statement making suggestions as TO
necessary legislation by Congress. as TO in
terstate and foreign transportation. and by
the state legislatures as TO the transporta-
ton beginning and ending in the State.
John J. Hyland, traffic manager of the
freight bureau or the Board OF Trade. was
the only other witness before the committee.
Mr.. Hyland read short paper. in which
he said that, though some members OF the
Board of Trade believed in a legalZed pool,
as giving more stable rates than the pres
ent system of open competition, he thought
the pool would rather restrict competition
than prevent discrimination. Such an or
ganization, he said, would be the greatest
trust ever seen in this country.
The following list of witnesses for to-day
has been prepared: Charles T.. MCNEIL.
Chicago Produce Exchange: y. a. kennard,
Chicago Butter and Egg Board; Henry +.
Dousman, Chicago Board of Trade; John j.
Hill. commission merchant: G. \. Greeley,
commission merchant.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-11-16
CHARGES AGAINST A FIREMAN
Are Preferred by Fire Chief Barrett
A Special Meeting.

Charges were preferred before the Board
of Safety yesterday by Fire Chief Barrett
and Capt. Thomas Quinn, of hook and lad
der company No. g. against Ezra Hamilton
for alleged INSTRUMENTATION at the fire on
West Eleventh street Tuesday night. Capt.
Quinn stated that Hamilton was carrying
a line of hose through an alleyway to the
fire and was not making the proper head
way when he came up to him. Quinn al
leges that Hamilton assaulted him. Quinn
took the line of hose and went through the
alley with il himself. Hamilton showed a
burn on his hand he received from the fire.
He filed counter-charges against Captain
Quinn. alleging that Quinn cursed him and
that he was incompetent to fill the position
of captain. Both cases will be heard at a
special meeting of the board Saturday
morning. Hamilton has been suspended by
Chief Barrett pending his hearing.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-11-16
CLAIMS ARE ALLOWED
By Judge Allen Against the William
Wambaugh Estate.

Judge Allen. of the Circuit Court, yester-
day allowed claims against the estate of the
late William Wambaugh, the court finding
that Mr.. Wambaugh was of sound mind at
the time he executed certain notes. The
court declined TO allow the claim of John
Reardon against the estate. Reardon filed a
claim for attorneys fees. The evidence
showed that he boarded with Joseph VAN
baugh, a son of William Wambaugh, and
ii was understood that he was paid in this
way. Reardon drew up the Wambaugh will,
which has been in controversy One of Mr.
Wambaugh's sons filed a petition in court
asking that his brother Joseph be required
10 produce their fathers will Joseph VAN
baugh filed an answer, in which he claimed
that Mr.. Wambaugh made a will but de-
stroyed il before he died A sister of Joseph
Wambaugh testified in the Circuit Court
yesterday, that she was present when the
will was destroyed. Yesterday evening the
petition 10 have the will produced was dis
missed.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-11-16
HIGHER FREIGHT RATES
JANUARY ADVANCES WILL RANGE
FROM 10 TO 80 PER CENT.
The Illinois Central Purchasing New
Passenger Equipment for Its Oma-
ha Line-GeneraI Notes.

There will be a meeting in New York to-
day Of the officials of the trunk lines and
of the Central Freight Association, with a
view of abrogating all special commodity
contracts and restoring official classification
in the territories of the two associations
indianapolis lines will be represented by
Samuel Sweet general freight agent of the
Lake Erie & Western. and Ford Wood,
general freight agent OF the Peoria & East
ern. The Central Freight Association has
practically settled that sweeping changes
shall be made, the advance ranging from
10 to 30 per cent, to take effect Jan. 1. The
move Is made with the tacit concurrence Of
the trunk lines. and will take tangible shape
at to-day's meeting. A freight official says:
1.-THE effort is TO practically restore all COM
modify tariffs 20 official classification. The
commodity tariffs are being abrogated all
the way down the list. In some cases where
the classification cannot be restored the
classification committee will be asked 10
change or reduce the class. There should be
no objection to letting shippers know what
Is being done before it is fully settled. There
will be protest. of course, and if presented
in time 1T will be duly considered. The lin
ing up Of the advanced rates will run for a
month or more and the shippers will have
an opportunity to present their case. The
railroads are really making modest requi-
sition on the business world for shade of
| the present prosperity. An average advance
of 20 per cent. on two-thirds of the bulk OF
the freight traffic, which, however, will not
reach more than 30 per cent. of the freight
revenue, is nothing alarming or tyrannical.
| The shippers may as well know that by the
first of the year they will have to pay high
er rates, and they can make their contracts
accordingly" In making the advances in
/ freight rates railroads have consulted the
| leading trade interests and I'm most cases
| reached a compromise as TO the amount o.
advances and to the time they should
take effect. They justify their conservatism
| In this way. saying that i'm the long run il
pays TO retain the good will of their Gus.
flow of trade currents
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-11-16
FINAL REPORT MADE


The Union Trust Company, of this city,
filed its last report i'm the W. c. De PAW
case, at New Albany. yesterda:- and was
discharged. The report showed $4,000 on
hand. The Citizens National Bank of Salem
flied objections TO the report. but they
were overrulcd by Judge Ultz, who ordered
the company 10 pay into the county clerk s
office $1,000 TO pay off a number of unpre-
ferreJ creditors. whose suits against the
company are now pending. The Union Trust
Company was one Of the heaviest creditors.
During the process OF the trial yesterday,
Evan StOtSenbuTg. representing the Citi-
sens National Bank and Charles l.. Jewett
of the trust company. engaged in a heated
argument and several harsh words were
passed between them. and the men were on
the brink of having a personal encounter
when they were frustrated by the other at
torneys. Mr.. Stotsenburg gave notice of an
appeal TO the Supreme Court.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-11-16
Erie Directorntc Chosen.

The stockholders of the Chicago & Erie
Railroad which forms that part of the
Erie Railway system from Marion. o.. to
Chicago. 261 miles, met yesterday at Hunt
ington and elected directors for the en-
suing year. The following were chosen
j. III. Benedict. q. NJ Cummings, Charles
III. Coster. +. II. Jennings. +. J.. StepsOn,
Samuel Spencer. +. b. Thomas and w. $.
Merrill. OF New York: J. Lowber Welch. of
Philadelphia: j. @. Mccullough. of Benning-
ton. Vt: Mark 4. Hanna. of Cleveland. o.:
Simon Perkins. OF Sharon. Pa. Most OF the
directors are identified with the Erie Rail-
road proper.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-11-16

At a special meeting of the New York
Central Railway yesterday the lease of the
Boston & Albany Railroad was ratified.
President Galloway, of the New York
Central, said the form Of lease adopted is
the result of compromise with the So
called protective committee of the Boston
d Albany stockholders, who claimed that
the term of the lease was too long, that
the rental was too small and that the pro-
visions of the lease did not sufficiently pro-
tect the interests Of the Boston q Albany
stockholders. THE form of the lease has
been modified" said Mr.. Galloway. Ito
meet the objections, without any material
change in substance. The term has been
reduced from 999 years to ninety-nine years,
ana the New York Central Company agrees
10 pay Tor certain real and personal prop
erty not included in the lease, $55Oo,0OO in
its 3l5 per cent. dehenture bonds, instead of
sfOoo.0O0 as under the former plan"
This concession to the demands OF the
stockholders is a compromise, Mr.. Gala
way said. between the two interests 1t is
understood that the original demand of the
protective committee was that the New York
central should pay 10 per cent. on the 49,
100000 of Boston & Albany stock instead
OF per cent, which the Central offered.
Upon the amended contrac. the stockhod-
ers got per cent. and the additional 81, 500,
900 in New York Central bonds The con-
troll OF the Boston q Albany will not pass
" tlc CtIltIdl ullll July 4 next, MT. Idl-
laway said, and it is too early 10 make any
statement as to the roads future policy.
The directors of the New York Central have
not passed upon the lease yet and the pol
icy of the acquired road would not be de-
termined until that Is done.
The negotiations connected with the lease
OF the Boston & Albany have been in the
hands Of the protective committee of which
/. Jefferson Coolidge is chairman. The
first proposition made by the Central in
cluded clause fixing the guaranteed divi-
dends TO be paid at 6 per cent. The COM
mttte submitted a cross-proposition. agree
ing tic a rate of 10 per cent. Several weeks
ago 1t was known that Mr.. Coolidge had
failed to consummate the lease at the rate
asked by the New England stockholders
The per cent. compromise has been under
discussion since that time. 1t was refused
at first by the stockholders committee and
the additional inducements made by the
Central were necessary to bring about the
acceptance of the lease.
The stockholders of the Boston & Albany
held meeting in Boston to-day but nc
business was transacted and an adjourn
ment taken until Dec. 81, when they
are expected to pass on the new terms
offered for the lease Of the road by the
| New York Central
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-11-16
HENRY WHITNEY'S TRIAL.
The Charge Against Him Is Attempt
ing to Kill Arthur BraNtOn.

Henry Whitney. colored, aged about
eighteen. was tried in the Criminal Court
Yesterday on the charge of shooting with
intent TO kill. ON the Friday night after
the last city election some colored Demo-
Gratis gave a street parade, and Whitney,
with some other colored boys. was in the
street following the parade. They became
very playful with each other and finally
when the parade broke up at Indiana ave-
nue. and North street. the youths started
down town, some of the boys slapping the
others with sticks. Whitney tired of this
and threatened TO hurt some one II he was
not let alone.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-11-16
OSCAR HAGEN'S ARREST.
He Is Charged with Embezzling Mon
ey from His Employers.

Oscar Hagen, twenty years of age, living
at 426 North West street was arrested yes
terday afternoon by Detectives Gerber and
Morgan and charged with embezzlement of
funds belonging to Sindlinger Brothers. 127
North Illinois street. Hagen was collecting
for the firm. and it is said failed to turn
in money collected 10 the amount of about
so. The detectives learned later that Hagen
was short with Swick & Co., by whom he
was employed in like capacity On his
person were found several pawn tickets.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-11-16

This week some unusually fine beef cattle
are being offered at the stockyards and
are bringing good prices, being purchased
largely by export shippers. One firm has
thirty carloads of export cattle to ship to-
day and tomorrow and yesterday ordered
that number of Street stock cars TO ship
them in. President Rauh, OF the Union
stockyards, says of late there has been
marked increase in the buying of cattle and
horses for export. But few mules are being
offered on the indianapolis market.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-11-16

Mrs. Mary Jacques. 1857 Maple street, died
yesterday OF lockjaw. On account OF rheu-
matism and other complications she had
been confined TO her bed most of the time
for the last eight years. She was attended
by Coroner Nash, who reports the case as
one of terrible suffering. The remains were
sent 10 the home of her parents in the
northern part of the State.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-11-16
AppeaI from Allen County.

A case was filed in the Supreme Court
yesterday in appeal from the Circuit Court
of Allen county, in which James Smith was
convicted of the crime of assisting one
Allen Curtis, who was charged with steal
ing a horse and buggy, and confined in
the Allen county Jail, with escaping The
sheriff made affidavit against Smith, claim
ing that Smith had stolen from him a key
to the Jail and liberated Curtis some time
during the night. Smith received the sem
tence Of from two to twenty-one years in
the penitentiary
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-11-16
A THREAT Is MADE
By an Unknown Person Against the
Life of Judge Allen.

A crank or a joker. II is not known which,
was kind enough yesterday TO send postal
card ITO the Police Superintendent. City.
advising him that Judge Allen, of the Cir
cult Court, would die by the hand of an
assassin within three weeks despite any pre-
caution which might be taken by the police
or the intended victim. Following is a copy
of the communication.
City, Nov. 14.-Please inform Judge AL
len. of the Circuit Court, TO look for his
life as he will be assassinated within three
weeks. 1t will be sure death for him..
The card was printed in disguised hand
and had no signature. Judge Allen thinks
someone Is trying to give the police depart
ment and himself something TO worry about.
probably thinking his duties In the Circuit
Court are not enough.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-11-16
Personal. Local and General Notes.

General Manager Frey. OF the Santa Fe.
yesterday announced his resignation, TO
take effect Jan. l.
Vice President Harahan. OF the Illinois
Central, is with subordinate officials, max
ing an inspection of the property.
Next month the Chicago, Burlington &
Quincy will open TO the public its new
$4,000 passenger station in Kansas City.
The fact that some OF the officials OF the
Big Four recently made an inspection trip
over the Erie gives room for more specula-
ton IL will result In the two roads work.
ing more closely than for few years past.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-11-16
Mother VIII Come After Her.

Annie Wagner. of Harrodsburg. KY. who
was found by detectives Gerber and Nor
gan I'm Iibbie Colins's resort. 40 South Sen
ate avenue. will be held at the police station
Until the arrival OF her mother, who tele-
graDhed She would come after her.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-11-16
Milwaukee street-Car situation.

The Milwaukee Sentinel of yesterday con-
tanned two-eOlumn article on the street
railway situation I'm this city. written by
a staff correspondent. The street-car COM
pany IN that city is asking an extension OF
franchise and apparently Is not willing TO
MAKE concessions.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-11-16

Gus and finally Whitney left the crowd and
went after revolver. Later he came across
Arthur Braxton and one or two other boys
Market street. near Tomlinson Hall.
Without word he drew his pistol and
fired four times at Braxton Two of the
shots took effect. Brax.on was taken to
the City Hospital. where he remained for
two weeks. Whitney shot him above the
left eye and in the left shoulder. Whitney
was tried by jury.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-11-16
Hamilton County Board of Charities

The State Board OF Charities yesterday
appointed the following board TO act in
Hamilton county: Mrs. Minnie Levison,
Mrs. Anne Davis. Mrs. Edith Hare, w. J..
Collins and Able Doan.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-11-16
Wha. n Gold Seeker Says.

One of the men who went TO Alaska 10
seek gold for the Indianapolis Mining Com
pany says II Is not true that some of the
prospectors staked off private claims while
being paid wages by the company He de-
clares that when the party reached St.
Michaels there was not enough money in the
treasury TO buy collar button. He says
that All the claims staked off were staked
for the company and belong TO the COM
many
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-11-16

cement the sidewalks OF New York street.
from Agnes street 10 a point 10 feet west
OF Lansing ~ .eet.
The board approved assessment roll in be-
half 90 Julius Keller for paving with cement
the sidewalks OF South street. from Illinon
street TO Capitol avenue.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-11-16
BOARD OF WORKS ROUTINE.
Alley Vacated.

The board overruled the remonstrance
against the vacation OF the first alley south
of Sixteenth street, from the first alley east
of Howard street to "A point 3ioi2 feet east,
and ordered the alley TO be vacated.
Streets Optned
The board took final action and ordered
al assessment roll TO be prepared OF the
benefits and damages upon the opening OF
Jupiter street. from Massachusetts avenue
to Rrookside avenue. TO the uniform width
of thirty feet. And upon the opening OF
street forty feet wide, from Belmont avenue
TO Vermont street.
Action Deferred.
The board deferred final action upon the
opening OF keystone avenue. from the K,
G.. c. 81 St l.. tracks TO Southeastern ave
nue. TO a uniform width OF forty-five feet
ard for the opening of Twenty-eighth street,
from Northwestern avenue TO a point 40
feet west of the west line of Senate avenue.
"Reminiscences were filed in both cases by
interested property holders.
The board also deferred further action
upon the vacation of public highway I'm
Section S Township Is. north. Range g.
east until Nov. % the date set for hearing
remonstrances from residents.
Contracts Approved.
The board approved contract and bond in
behalf Of j. Harry Roberts for paving with