davidaulloa/AmericanStories huggingface dataset:
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-09-02
RECENT LEGAL OPINIONS.
Master and Servant - knowledge - Cold
Weather.

Plaintiff, while working as a deckhand
on a Mississippi steamer. was directed by
the mate, through the captains orders, to
assist in rolling eighteen bales of cotton
er was cold to degree without precedent
in that climate, and the plaintiffs three
fingers were frost bitten, so that they had
to be- and were, amputated. Because of this
appeal, the Supreme Court of Mississippi
held that the verdict should be set aside.
The laborer must be presumed to have
knowledge equal, If not superior, to his
employer. of the effect of cold upon his
feelings and person. Men are presumed to
have ordinary common sense, until the con-
trary is shown, and the law does not
speculate on degrees of knowledge about
weather. rs Miss. Rep. Judge Calhoon),
145]
-Homicide-Principal in Committing the
Crime
On the trial of wife charged with the
murder of her husband. the evidence
showed that she discussed the killing of
the husband with a Mexican, and agreed
thereto. and the latter entered the house
and killed the husband while she remained
outside. Held, that the evidence was suf-
ficient that she was present and engaged
in the crime as a principal and her con-
viction of murder should be affirmed. I69
Southwestern Rep. (Texas, Judge David
Humorous Extracts from Judicial Opin-
.'All widows are prfma facie equally en-
titled to sympathy" Judge Williams, in
Isl Pa. ST.. 1851
Young ladies are not to be held to a
very strict accountability when talking to
their young lady friends about their low
ers.' Judge Adams. in 81 Iowa, 112.l
Where husband and wife both work to-
gether for mutual benefit it is mot a
thing to arouse unwarranted suspicion or
to create alarm. Judge Dent in 43 West
Va, 626.l
Liability for Injury Caused by Servant
In a late case in Massachusetts, it was
held that although a driver may be ordered
by those who have dealt with his employer
that burden, to hurry or take his time
nevertheless. in respect to the manner OF
his driving and the control of his horse
he remains subject to no orders but those
of the man who pays him. and therefore
he can make one else liable if he negli-
gently runs a person down in the street
[63 Northeastern Rep, 922.l
-Damages-Duty of Injured Party
1t is the duty of party TO protect him
self from the injurious consequences OF
the wrong act of another. if he can do SC
by ordinary effort and at moderate ex-
pense and he may charge the wrongdoer
herewith, but he cannot recover for max.
ing his loss greater than it reasonably
would have BEEN [39 Missouri Appeals
Judge SMITH, So.
Barber Shops-Sunday-c CLOSING Law
The Supreme Court of Oregon has lust
held that a law making it misdemeanol
TO work as a barber on Sunday is mo-
class legislation. though there is no genera
Sunday law. lex parte Northrup, July
I
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-09-02

The high traffic officials of the Western
roads. who met in Chicago last week and
reached an agreement to restore rates Sept.
Is, went a step further and also agreed to
establish safeguards against rate manipu-
lations. The latter action resulted in in
teresting developments of the crooked work
done last month. One who was present
states that there was little mincing of
words. Several of them said what they
thought, and what they thought sounded
better in the heat of discussion behind
closed doors than it would If repeated out
side. There was no apparent attempt to
save anybody's feelings. and the railroad
men were held accountable for the mis-
deeds of the grainmen as well of
themselves. AS the conference proceeded,
however, there was a disposition to admit
there had been extenuating circumstances
in some instances and to agree that grain
men had resorted to practices which were
reprehensible, to say the least. 1t was de-
cided that these should not be repeated.
and it is said no railroad man who knows
the feeling among the higher officials will
take the chance of even "winking" at an
attempt to do so. For instance when some
one suggested the liability. based on re-
cent experience, of elevator operators hav
ing string of deputies alongside the ele-
vator and issuing elevator certificates
showing these cars loaded. 1t was decided
TO adopt q means by which it believed
the truth in regard to the matter could
be readily ascertained. 1t was also decided
TO adopt greater safeguards than ever be-
fore against the padding of contracts,
and ii Is said millers may be asked to
show where they have sold flour they re-
port contracted. The Gulf roads have
promised to restore the rate to Is cents
effective the same date as the restoration
of st. Louis and Chicago rates become eff
fective. The Chicago rate TO be u cents
and the Mississippi river rate cents.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-09-02

DETROIT. Sept. 1.-The Windsor track
had a record breaking crowd to-day. Fa-
vorites Jared badly, owing to the cuppy
track which upset the form. The Flah
handicap for two-year-olds was battle be-
tween F. G. Good and Miss Manners. the
former winning on the last nod at the wire
after a driving finish. Brier tried to steal
the race, coming from last place along the
rail but the filly faltered just she looks
dangerous and dropped back. The Labor
day steeplechase lay between McManus
and Imperialist, but the former had the
most speed on the fat and held the lead all
the way The Tchula, 15-to-1 shot, made
a show of her field in the third race at a
mile and one-sixteenth, and Gerda, another
outsider won the other event for the
Youngsters Winners in order: Charley
Thompson to /; Gerda, to /: Tchula
Is to /; F. F. Good. to /; McManus, S to
Z: Santa Teresa, 3 to /.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-09-02

NEW YORK, Sept. Thirty thousand
persons. the biggest crowd that ever visited
the Sheepshead Bay track on Labor day,
saw w. c. Whitney's fleet Ally Gunfire cap
ture the Twin City handicap to-day. She
was Is to l in the betting and ran the mile
and quarter in 2:o5 Is. within one-ffth OF
a second Of the track record. Blues was the
favorite at to 2 and he closed with a
terrific burst of speed. but was beaten out
half a length for first money. Persistent,
from the Haggin stable, won the autumn
maiden for two-year-olds in the fast time
of so 3-5 for the five furlongs. Alsono,
running in the name of Mr.. Roslyn, won
the second event at six furlongs for the
new racing firm of Mrs. III. p. Whitney and
Mrs H. B. Duryea. j. E. Madden started
The Rival in the Twin City handicap and
finished tenth. Later on he started him in
the sixth race, which he won at odds of 20
TO l. The weather was clear and warm and
the track fast. Winners in order: Eophone,
4 to /: Alsono, TO 3: Parisienne, to l;
Gunfre, Is to /; Gloriosa. TO 1; The Rival,
IN I
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-09-02
CONGRESSMAN BRICK.
Labor Papers Tribute to One Of
His Speeches.

Correspondence of the Indianapolis Journal.
ANDERSON, Ind, Sept. 1.-The current
issue of the Gas Belt Labor News pays
editorial tribute to Representative A. L.
Brick. saying:
ut is a pleasure to read such a splendid
tribute to labor as that recently paid by
Representative A. L. Brick of South Bend,
in his speech in the House of Representa-
tives. The author of 1t has made record
during his legislative career entirely cred
liable to him from the view point of the
friends of organized labor. His speech in
favor of the Chinese exclusion bill was
courageous and entirely to the point AS
a member of the committee on Territories
in the House of Representatives his votes
and his acts were always in opposition to
the encroachments of cheap or alien labor
in our insular possessions. His record also
upon the eight-hour law and other ques-
tions in the last Congress was such as to
win him the thanks of workingmen."
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-09-02
4 Hard Handicap.

The town hall always has a crowd
To hear my Uncle Jim:
There amt nobody in the State
That talks as well him
But when he run fur office once
/ had TO mourn his lot;
Mine and another feller's was
The only votes he got!
The man who beat him was a chap
OF ordinary mind
He want particularly wise
Nor specially refined.
And all he said was. 'Howdy-dor'
In accents mild and bland:
And all the work he ever did
Was shakin some ones hand.
The voters said they'd tried to help
The weak an not the strong:
man as smart as Uncle Jim
Was sure 10 get along.
That's why that man of average mind
Finds life a restful joke:
And incidentally that's why
My Uncle Jim is broke.
Washington Sta
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-09-02
ANDERsON's DEMOCRATIC MAYOR.


Special TO the indianapolis Journal.
ANDERSON, Ind, Sept. John L. Fork
ner took the office of mayor tonight. He
is the first Democrat to hold the office in
eighteen years. The Council is a tie. and
Mayor Forkner will be responsible for all
legislation and enactments along the lines
on which the parties divide. He swept out
of office City Attorney Ballard, City
Health officer Fairfield and Street Commits
sioner Esington. He appointed B. H.
Campbell attorney, DR.. j. w. Hunt health
officer and William Cronin street commits
sioner. He has taken ground against
further improvement of streets unless upon
the urgent demand of the taxpayers.
The young Democrats are in revolt. 1t
is alleged openly that the triumph of the
ring candidates will lose their county
ticket many votes this fall. j. K. john
son, who held out against the appointment
of Campbell, was whipped into line
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-09-02
BAN ON DIVORCE MILLS.


A0ttrtist
NEW YORK, Sept. IA law which goes
into effect to-day puts divorce mill lawyers
out OF business. The new statute says:
Whoever permits. publishes, distributes
or circulates. or causes 10 be printed. pub
lished, distributed or circulated any circu-
lar. pamphlet, card. hand bill. advertise
ment. printed paper, book, newspaper or
notice OF any kind Offering TO procure or
aid in procuring any divorce. or the sew
erance, dissolution annulment of any
marriage. or offering TO engage. appear or
act as attorney or counsel in any suit for
alimony or divorce or the severance dis
solution or annulment OF any marriage.
either in this State or elsewhere. is guilty
OF a misdemeanor."
The penalty on conviction for misde-
meanor is one year I'm prison. 1900 fine, or
both or any part thereof.
In regard TO the new law Moses II.
Grossman said: 1t is contrary TO the
ethics OF the legal profession TO adver-
tise Those men who Advertise divorces
obtained for $40 attract. men or women
who. in temper, exciten4nt or entertain
ing some real or fancie4 eTityances, de-
sire 10 sue for divorce. 1tcee 9hysters not
only DO that which Is III allyJ wrong. but
which the statute now pAkesT crime"
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-09-02
Business Surely Doomed.

There is one place in the United States
that Is fully alive to the advantage of
squelching the ticket scalper. For the past
few months New Orleans has been study
ing the proposition with the result that all
parties denounce the traffic as illegtimate,
unlawful and vicious AS the New Orleans
Picayune puts 1t, "Any business which
depends largely for its profits upon crimes
committed through it's aid and procure
ment ought not to be countenanced and
permitted in any decent community" and
there Is a universal demand for the pass
ing of a pending bill in the Legislature
which will put an end to scalping in that
State. 1t is to be hoped that with the ex-
perience of other States to aid them the
Louisiana solons will be able to draft
measure that will stand the test of the
courts. A Trunk line official says that I'M
less way be found to stop this evil and
put an end to the dishonest practices of
ticket scalpers that in many instances are
actually criminal ii is hard to say what
the end will be.
They are worse and more prevalent
than ever before in the history of Ameri-
can railroads, Notwithstanding the efforts
to such regulations that the public and the
railroads will have some measure of pro-
lection. In spite of the fact that some
States have laws which make ticket broker
age illegal, it is carried on just the same
though surreptitiously, even in PennsyI-
vania, where some of these sharks have
been caught and sent to prison
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-09-02

ST. LOUIS, Sept. 1.-The stable of Z. j.
Arnold & Co. had red letter day at Del
mar to-day, three of its representatives.
Will Shelley, Peaceful and Icicle. all clev-
erly ridden by Battiste. coming home in
front Will Shelley and Icicle were the
only winning popular choices the other
events being taken by three second choices
and two long shots. Peaceful won the La
Dor day handicap. the feature of the card.
in a big gallop After Schwalbe and Helen
Print had raced by Battiste passed the two
tired FLIES in the homestretch and won by
a length and a half from Edgardo, which
beat Alice Turner two lengths for second
money Edgardo finished very strong in
the closing strides Winners in order: Jane
Oaker to /: Arkansas, II TO l; VIII Shelley
TO 2; Peaceful. 13 to 5; Linden Ella, to
/: Icicle TO 3: Kiss Quick. TO l.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-09-02
Mis-. YogeI Was Stranded.

BEAUMONT. Tex. Sept. 1.-Justice c. g.
Brown, acting coroner, to-day rendered n
verdict of murder in the inquest over the
body of Miss Vogel. who was found dead
in her room in a local hotel last Tuesday
The justice declares that the woman met
her death by strangulation at the hands
of parties unknown. He states that he has
in his possession ample evidence TO dis
prove the theory Of suicide.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-09-02

Special to the Indianapolis Journal.
MUNCIE, Ind, Sept. 1.-The Council to-
night placed on second reading franchises
giving the Heat, Light and Power Company
and the Muncie Natural Gas Company the
right to charge 25-cent meter rate for
period of one year for natural gas. This
practically ends the controversy over gas
rates. which has been on for more than
three years, as it is understood seven and
perhaps eight councilmen will vote for the
ordinance. Charles w. Sheriff assumed
the duties of mayor tonight. and I'm his in
augural address advocated the 25-cent rate
He favored liberal franchises to all corpo-
rationS.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-09-02
|. E. & W. IMPROVEMENTS
THE LAKE SHORE SPENDING MONEY
LITERALLY ON THE ROAD.
A Meeting of High Traffic officials at
which Plain Talk Was Heard
General and Personal Notes.

The Lake Shore Road, which two years
ago acquired control of the Lake Erie &
Western. has in the last eighteen months
been spending money literally in improve
ments to the latter, and on Saturday COM
pleted the reballasting of the main line Of
the Sandusky division and OF the Fort
Wayne division. The work has cost fully
$4,000. The reballasting was begun April
IL and continued for five and one-haf
months. All of the gravel was hauled from
the pit at Beeson's station, near Corners
vile. During that period it is estimated
that 1880 carloads of gravel were hauled
from the pit and distributed over the two
divisions of the road. The road bed OF the
Fort Wayne division will be in excellent
condition to receive the new tracks which
the company contemplates laying next sea-
son. Officials of the road announced that
seventy miles of track will be laid on this
division from point south Of Fort Wayne
to Connersville. This will mean new tracks
for Hartford City TO displace the present
ones, which are old and badly worn. The
Improvement will cost about $125, 900.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-09-02

NEW YORK, Sept. Louis Scholes, the
Toronto Rowing Club crack was beaten to
a standstiH by Frank Vesselly, of the b.
hemian Rowing Club, at the thirteenth an
nual regatta of the Middle States Regatta
Association, rowed on the Harlem river
to-day. 1t was the most surprising incl
dent OF an excellent days sport and hun
dreds of dollars changed hands on the re-
suit. The water was in fair condition for
rowing and the time in several races was
very fast. The course was along the Har-
lem river speedway and the distance one
mile straight away.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-09-02

The naval recruiting station, which was
opened in the Federal Court room yester-
day, was a busy place, crowds of appli-
cants reporting for examination and en-
listment. Lieutenant Hasbrouck who is i'm
charge. says he is particularly anxious TO
enlist firemen. He also wants machinists
Most of the applicants are for apprentice
ships, that position offers better oppor-
tlInities.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-09-02

SAN JUAN. p. r., Sept. lat Caya yes
terday evening there was a conflict be-
tween persons attending meetings of Fed
erals and Republicans during which SIX
men. including a police captain. were
wounded The fighting was caused by a
strictly political dispute. Acting Governor
Hartzeil has instructed Andreas Crosas a
LAWYER and member of the executive coun-
eli. TO make a thorough investigation OF the
recent rioting at Humacayo. where three
persons were killed and three were in
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-09-02
4 Shift at Greenfield,
10 INDIANAPOLIS Journal

Srecai to the Indiana POLLS Journal.
GREENFIELD. Ind, Sept. 1.-The city
officials elected last May took their posi-
lions to-day. George A. Carr succeeded
John F. Eagan as mayor Robert E. Mar
tin succeeded w. r. McKown as clerk. Hem
~ b. Richey is marshal in place of VIII
liam A. Watson, and C. w. Curry as
treasurer. succeeds his father, deceased
The officers. both outgoing and Incoming
are Democratic, except the clerks, who are
both Republicans.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-09-02

BUFFALO. ~. ". Sept. 1.-The second
DAYS racing at Kenilworth Park was very
satisfactory TO the talent. but rather dis
astrous TO the books. In the third race the
Canadian contingent was on hand to play
Gould Harvest Moon refused the first
hurdle and Neponset fell over the last,
giving Gould practically walk-over for
fhe money Winners in order: st. Daniel.
4 to /: Marie Tryon, to /; Gould. TO 10;
La GoIeta, 5 TO i; Golden Cottage. 10 l.;
Clenwater TO /.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-09-02
Wilkes Nut


ST. PAUL, Sept. 1.-The races at the
state fair to-day were fairly we'll contested
the 200 pace being the feature. Summary
2:os pacing purse 81 900: Brown Sam won
in three straight heats. Minnehaha, DID,
dene, Charles Dewey. Fred the Kid Path
mont, Goshen Jim, Roy Day, Tags, Dick
Turpin and c. F. W. started. Time-2:121e
2:111s. PISA.
2:45 Trot; purse. $1,000: Gentle Lady won
first second and fourth heats and the
race Black Lady, Bird L., Stephen L.,
Rhea w, Lo, DR.. Gray. DR.. Ennis. Ma,
russo and Garnet Prince started. Time
2:2ua 2:164, 2:14
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-09-02
Columbus OmciaIs Republican.

Special 10 the Indianapolis Journal
COLUMBUS, Ind, Sept. by the taking
Office to-day of Mayor Benjamin Parker.
Marshal F. NJ. Harvey and the other city
officers. the management of city affairs Is
I'm the hands OF the Republicans for the
first time In four years. The City Council
is also Republican by a majority Of two.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-09-02
won BY GAIL HAMILTON
HARTFORD's 10000 FUTURITY AN
EXCITING sIx-HEAT RACE.
2;3O Trot Won by Wilque, 2:19 Trot by
The Roman and 2.O7 Pace by Carl
Wilkes-Indiana Races.

HARTFORD. Conn. Sept. 1.-The $4,000
ture of the Charter Oak Grand Circuit
meet here to-day. A field of eight starters
in this race was reduced to three in the
final heat. Gail Hamilton took first money.
1t was a great race, heart-breaking finishes
characterizing a majority Of the heats.
John Nc was the favorite in the betting
selling for 800. with Gail Hamilton $50.
Wig Wag s35 and the field $25. John Nc
and Gail Hamilton fought 1t out and the
battle between these colts was a royal one.
1t took six heats to settle the question Of
supremacy, the Pennsylvania horse being
beaten by a nose in the final.
Red Robe. from Macon. Ga, put up a
spirited race. taking third money This
horse beat out John Nc in the fifth heat
under the whip, making the sixth heat nee
essary.
In the 2:30 trot Wilque after stubborn
contest, took first money, with rhythmic,
the blind stallion. second. Six heats were
also necessary in this race. In the first
heat the watches of the judges went astray,
consequently no time was taken. Zephyr
was withdrawn after the fourth heat.
In the PIG trot The Roman won in straight
heats, having an easy time and outclassing
the field.
The best racing of the day was provided
in the 2:o7 pace. Carl Wilkes taking first
money, winning the two last heats in COM
paratively easy style. The 81, 800 purse In
this race was divided, the three leading
horses in each heat dividing $780, About
5000 persons were in attendance.
A light air from the south blew down
the homestretch. The weather was very
warm and the track remarkably fast. Sum.
maries:
Hartford Futurity, foals of 1893; purse,
$4,000:
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-09-02
Change at Portland.

Special TO the Indianapolis Journal.
PORTLAND, Ind, Sept. L-At special
meeting of the City Council this evening
the new officers were installed. Isaac Sim
mons, mayor for four years. gave way to
Jacob Denny. Democrat; w. II. Antrim,
city clerk. succeeded himself E K. STAN
ton, city treasurer, was succeeded by Frank
Smith, and William Stephens became city
marshal.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-09-02

c. E. Schaff. general manager of the Big
Four Railroad. and the new general man.
ager of the Chicago & Southeastern, was in
the city yesterday talking to President
John T. Dye. of the latter road After the
conference Mr.. Schaff went to Muncie A
dispatch from Muncie says: "Mr. Schaff
announced the appointment of w s.
Moore, of Gallon. o., formerly of the MAIN
tenance OF way department on the Indian
apolis division, to be superintendent of the
c. & s. E., the main offices of which will
once be removed from Muncie 20 Ander-
son. John L. Dye, general counsel of the
Big Four. of indianapolis. is to be presi-
dent; F. ID. Comstock, of Cincinnati. treas
urer; Charles +. Myers of Cincinnati. Sec
rotary. Mr.. Schaff, accompanied by Super
intendent Moore. and c. w. Kittredge, of
Cincinnati, chief engineer of the Big Four
left to-day for four days trip over the
G. & s. f. The line will be placed i'm con-
dition for traffic at once. 1T is probable the
Big Four will abandon the section between
Anderson and Muncie, as the main line
will be able to handle all business but the
terminal here will be maintained"
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-09-02
August Traffic over the Belt Road.

In August there were transferred over the
Belt Road 9o,1H cars. an increase over
August, 1901. Of 4,142; Belt Road engines
handled at the Stockyards 47O9 cars and
for private switches its line 5.749 cars
the latter item being the largest since the
Belt was opened for business.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-09-02
LEGAL ApvERTIsEMENTs.


DEPARTMENT OF STATE, Washington, d. c.,
Aug. 80. is02--Information has been received at
this department from Mr. W. A. Rubblee. the
consul general of the United States at Hong
Kong. China. of the DEATH the 18th of July.
1902. at HOng-KOng. OF Edward l.. Jackson, a
citizen of the United States
The legal representatives of the deceased can
obtain further information by applying to this
department
Per dispatch No. a.
Dated July 81. 1902