davidaulloa/AmericanStories huggingface dataset:
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1904-02-03
FLORISTS GIVE HEED
TO GROUND HOG QUESTION
One Member of Association, a
Firm Believer, Promptly Or
derS a Carload of Coal.
CERTIFICATES OF MERIT

a question of unusual Importance TO the
State Florists Association discussed at its
monthly meeting at the Commercial Club
rooms last night was tie significance OK
Ground Hog day" The florists OF all peo-
pie crave the light OK the sun. and the fact
as TO whether or not the little animal saw
effects II Will have upon the profession or
flower growing informally but
Enthusiastically discussed. Some OF them
took an optimistic view of the situation and
held that the did not shine at all yes
terday, and others argued that old Sol
came out, but not with sufficient force TO
create a shadow. Fred Hukride. secretary
of the association. firm I'm his adher-
ence To the superstition and maintained
that the ground hog saw his shadow. Upon
the strength OF IL he Immediately ordered a
carload of coal. The question OF the asso-
citation presenting a petition to the. State
Legislature was discussed, but left unde-
termined
The paper OF the evening was read by J.
+. Hall, of Anderson, on the subject OF
Our Customers" He presented the dfffi-
Guilty OF handling the various kinds OF buy
ers and under different circumstances. TWAS
shown that with the buyers OF flowers. as
with all other kinds OF buyers, discretion
and study of human nature are essential.
and sending orders was noticed and some
special instructions were given by Mr.
Hall.
Certificates of merit were awarded to
Bowers * Smith and John HartJe, OF this
city, Tor new species OF the carnation.
which they had named the Indianapolis"
and the Moon" carnations, respectively.
will be The Cutting and the Handling OK
Cut Flowers" by John Rieman.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1904-02-03
UTILIZE PRISONERS TO
MAINTAIN GOOD ROADS
State Official Advocates a System
OF Industrial Convict Camps
to Farmers Congress.

A system of industrial prisons, instead of
the present penal system, was urged 10
the Farmers State Congress of Indiana
yesterday by State Geologist Blatchley.
This system, he said. would end the good
roads question. Many farmers braved I'M
pleasant weather conditions to hear adj
dresses. The visitors were welcomed by
Mayor Hoffman. but Governor Durbin, ow-
ing to Illness, was unable to be present.
Boards of control TO administer the affairs
OF the Industrial PRISONS" Mr.. Blatchley
said, would effectually solve the good roads
movement for Indiana. Hon. ]. w. Mitchell,
Of Noblesville, delivered a second address
on good roads, and a transfers tax was
advocated by him. A discussion followed.
Secretary Charles Downing. of the State
Board of Agriculture. will address the con-
gress this morning on THE Relation OF the
State Board to the Farmers of the State. "
Other speakers to-day will be L. Ert
Slack, OF Franklin, w. H. Goodwine. West
Lebanon, and Hon. w. w. Stevens, of
Salem, State worlds fair commissioner.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1904-02-03
FINDER OF HARRISON
MEDAL DEMANDS S1OO
He Refuses to Turn 1t Over to
Capt Taylor, Gen. Harrison'S
Grandson.

w. w. Kendall Of Hardensburg, Ind.
who recently found a medal granted by
Congress to General William II. Harrison,
later President of the United States, for his
services I'm the war of 1872; who wrote TO
Captain ]. T. Taylor, chief of the Leaven-
worth (Kan.) police. that he might have the
medal as by right it belonged to a descend
ant of General Harrison, has now put a
price of 500 on the same. Captain Taylor
Is grandson Of General Harrison.
great deal of correspondence has passed
between Mr.. Kendall and Captain Taylor.
At first Kendall stated that he considered
II but justice that Captain Taylor should
have the medal and agreed TO sell it if he
substantiated his claim of relationship with
General Harrison. This was done. Then
other noncommittal letters followed and the
other day Captain Taylor received a letter
naming the price.
1t is claimed that Captain Taylor would
be able to recover the medal IL he took
the matter before any United States court.
That the medal granted by Congress has
been lost for ninety years is said to have
no effect on it's ownership far the
Harrison family is concerned
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1904-02-03
TRADE, INDUSTRY, LABOR

s. The director, directors Of the american
New .. york csss and
of the board Of directors and chairman
Leighton second vice president. An OFF,
cial statement relative to the action of
the New York Stock Exchange in removing
the stock of the company from the regular
list OF securities was given out, which sub
Stantially corrOborated the statement made
at the time by officers of the company.
Because they found present prices to be
below actual cost of production independ-
ent sheet and steel manufacturers have ad-
vanced the price of that material 81 a ton
at least. The American Sheet Steel Com
pany some time ago made cut of IS per
ton in the price of sheet STEEL which was
met by the Independents with a further re-
duction Of 81. Hereafter the quotation will
not be less than S47 ton at the mill, car
lots or more. The price of bar iron has
also been advanced 81 TO So a ton.
Notices were posted in all of the Phila-
delphia & Reading collieries yesterday or
dering a suspension of mining until Fri
day. No cause is assigned for the suspen-
sion. Despite the continued cold weather
the demand for anthracite coal has been
disappointing to the operators. There was
no restriction OF the output for January,
the amount of coal mined being close to
400 Geo tons. This amount is unusual dur
ing the winter months and the suspension
is probably due 10 overproduction.
The wage earnings OF $50 men employed in
all departments of the Maine Central shops
at Waterville Me, have been reduced 10
per cent. by an order making the day of
labor nine hours instead of ten, as in the
past. Officials of the railroad say the cur
tailment is in line with action taken at
other railroad shops.
Judge Gray, in the United States Court
at Wilmington, Del, yesterday appointed
Robert Pennington receiver of the New
Castle Gas pany. The application was
made by Receiver Pepper, of the Bay State
Gas Company, the latter company being a
creditor of and stakeholder in the New
Castle Company.
William ScallOn has resigned as president
of the Anaconda Copper Company and man.
ager of the amalgamated properties in Mon
tana, the resignation TO take effect immedi-
ately The reason given is pressure of pri-
vate affairs. No intimatiOn of his successor
is given.
Through President A. c. Wharton. of the
International Machinists' Union, the de-
mand of $500 machinists of the Missouri
Pacific and Iron Mountain railroads has
been presented for an increase in the wage
scale.
The directors of the United States Steel
Corporation yesterday accepted the resigna-
ton of John ID. Rockefeller and elected
Henry Phipps, OF Pittsburg, TO I'LL the va
CanCy.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1904-02-03
JURY FOR BUTLER
TRIAL IS SECURED
Alleged St. Louis Briber Is Before
the Court at Fulton, Mo.-Mr.
Folks Statement.

FULTON, Mo-, Feb I'm Judge Graves's
court to-day the trial began of Col. Edward
Butler, of St Louis, on a charge that he
paid $4,000 bride money to nineteen men,
bers of the House of Delegates to secure
the passage of a city lighting bill I'm 1900.
The selection of the jury took but a short
time, the twelve men chosen from the
veniremen being almost all farmers. Cir
cult Attorney Folk read the indictment
and briefly stated the States case, calling
attention TO the existence of a combine in
the st. Louis House of Delegates for the
purpose of debating and controlling legis-
latiOn; Of the efforts made to secure the
passage of the city lighting bill of 1899 and
OF the alleged negotiations between the de-
PENDANT and John X. Murrell, chairman Of
the House combine.
Mr.. Folk said he thought all the testi-
mony for the State would be in before to-
morrow evening. The defense will require
not more than day. 1t is believed, and the
case will go to the jury some time Thurs
day night or Friday morning.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1904-02-03

ALBUQUERQUE, N NJ, Feb IN. S.
Otero. probably the wealthiest man in New
Mexico. delegate in Congress from 1879 to
1883. and one of the leading business men
Of the Territory, is dead at his home here of
apoplexy. He was a cousin of NJ. G. Otero
at present Governor of New Mexico. A
widow and five children survive him.
NEW YORK, Feb. 2-Willam Burgess
who brought the Marechal Neil rose to this
country, is dead from pneumonia. His
greenhouses on Long island were among
the largest in the United States.
BATTLE CREEK, Mich, Feb. 2.-Walter
w. WOolnough, thought to be the oldest
newspaper editor In the State, died at his
home here to-day, aged eighty-three years
lie was one of the organizers of the Repub-
lican party under the oaks at Jackson,
Mich.
IANCESTON, Tasmania, Feb Alright
Hon. Sir Edward Nicholas Coventry
Braddock. former premier and leader Of
the House of Assembly in Tasmania, is
dead. He was born June II, 1929.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1904-02-03

an instrument by express language is an UNI
conditional waiver of priority of lien in
mortgage. such unconditional waiver can
not be cut down or destroyed by SuDSe-
quent provision in the same instrument. un-
less IL is equally clear and explicit as that
creating the same. 2 The word condition
is not necessary TO the creation or con-
dtion. g. In constituting a contract no lam
guage therein will be held TO import con-
dition which does not expressly and clearly
indicate that such was the intention OF the
parties. 4. FOrfeitures are OdiuS, and con-
ditions are not favored in law. 5. In doubt
fui cases the words of an instrument VIII
be taken most strongly against the party
using them. s. Where a contract consists
of dependent promises, the failure 10 per-
form by one party excuses the failure 10
perform by the other, but where the prom
Uses are independent the failure of one par
ty to perform does not excuse failure TO
perform upon the part or the otner, Dul
confers upon him a right of action for dam
ages. T. Where the mutual promises which
constitute contract are not to be per-
formed simultaneously, but where the acts
to be performed by one party must or may
proceed those to be performed by the other,
the promises are independent and not de-
pendent.
1850 Paul VS.. B. & o. r. r. Co. Steu-
ben c. c. Affirmed. Black, il. Inter
rogatories must be in the record TO pre-
sent questions upon proceedings relating 10
them. 2. Either party to civil action
may PROFOUND interrogatories, to be filed
with the pleadings relevant to the matter in
controversy, and require the opposite par
ty to answer the same under oath. Ihey
may be proposed with a purpose TO use the
answers on the trial of the matter in con-
troversy to which they relate or to elicit
answers on which to strike out pleading
of the opposite party as sham, and they
may be filed at any time before the issues
In the case are closed.
1916 Fry VS.. Lawson. Hamilton c. c.. Re-
versed. Robinson, J.-Where an admins
traitor in 1873 sold land under order from
the Common Pleas Court to pay debts of the
decedent the statute of descent gave to the
widow of such decedent, as against cred
itors, one-third of the land in fee, and at
her death this fee descended to the chill
dren OF said deceased husband free from
the demands of his creditors.
1895 Transfer Co. VS.. Morrow. Marion s.
G. Motion to amend assignment of errors
granted.
446S. Ind Mfg. Co. VS. Buskirk. Miami
c. c., Appellee files motion to transfer to
Supreme Court.
Minutes
51O6 Samuel Cheek VS. Morgan Preston.
Vigo c. c. Appellants brief (S)
1888 Muncie Pulp Company VS.. Samuel !.
Martin ct al Delaware c. c. Appellant 5
reply brief (s)
1854 The Wayne International Building
more ct al. Madison s. c.. Appellants re-
5O59. Perry Mathews Stone Company VS..
George w. Speer, administrator. Monroe
c. c. Appellants brief Cs)
1853 The Indiana Manufacturing Com
pany VS.. William Buskirk. Miami G. c.
Appellee's petition to remove 10 Supreme
Court.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1904-02-03
N. COMBES NAY PUNISH
CATHOLIC PRELATES
Threatens Drastic Action Because
They Protested to Presi-
dent Loubet.

PARIS. Feb. premier Combes an
,nounced at a meeting OF the council Of
ministers to-day his intention Of taking
drastic measures against certain prelates
for addressing open letters to President
Loubet. criticising the proposed law further
restricting teaching by members of the re-
ligious bodies.
Although no names were mentioned, it is
well understood that the prelates referred
TO are Cardinal Richard, archbishop of
Paris; Cardinal LangOnieux, archbishop of
Rheims, and Cardinal Coullie, archbishop Of
Lyons, as they recently addressed letters
OF protest and criticism TO NJ. Loubet
NJ Combes also informed his colleagues
or MS intention TO refer the letters TO the
Council OF State and made known the fact
that the minister of justice had been
charged with the preparation of a law MAX
ing the criminal code applicable to prelates
who publicly protest against or criticise
acts of the government
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1904-02-03
TWO NOMINATIONS.
Split in Republican Congressional
Convention in Kansas.

HOLTON, Kan, Feb. "A split occurred
here to-day in the First Kansas district
Republican congressional convention called
to name a candidate TO succeed Congress
man Charles Curtis, and two conventions
were organized. Congressman Curtis was
renominated by acclamatidn by the reg
ular convention and s. A. Anthony, jr..
was nominated on the second ballot by the
ants. Mr.. Anthony. who Is business man
ager of the Leavenworth Times and post
master in that city. is a nephew of Susan
q. Anthony, the woman suffragist
TOPEKA. Kan, Feb. 2.-The question
about which nominee at the HoltOn con-
gressional convention shall be placed on
the Republican ticket will be decided by
the state election board, which is COM
posed of the secretary of state, auditor
and attorney general Their decision is
final and there can be appeal to the
courts. 1t is understood that these officers
were friendly to Congressman Curtis.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1904-02-03
ID. VI. PARRY'.S VIEWS
CONDEMNED IN KANSAS

TOPEKA, Kan, Feb. 2.-The State So
ciety Of Labor and Industry at it's annual
meeting to-day adopted a resolution con-
demning d. NJ Parry. president OF the Ma
tional Manufacturers and Employers
Association. An effort was made to have
the resolution include the members OF the
association, but after much discussion the
motion was voted down. Mr.. Parry's al
legged hostility 10 union labor formed the
basis for the attack on him made in the
resolution. He was characterized las the
implacakle enemy of laboring MN"
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1904-02-03

David Richards, patrolman. has been
a member of the police department for
thirty years. He appeared at police station
yesterday with six stripes on his coat sleeve.
each stripe representing five years of con-
tinuous service. Richards was a member of
the detective force at the time the Indian
apolis police were working on the H. H.
Holmes case and became known over the
country. In attempt TO capture a bad
gang i'm the Fall creek bottoms the officer
was so badly wounded that IL required sew
eral years for him 10 recover from the in
juries received.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1904-02-03
Mr.. HadIey ReturHs.

Assistant Attorney General Cassius c.
Hadley returned yesterday from Washing
ton. The suit of the American Express
Company against the State of Indiana,
which was to have been tried before the
United States Supreme Court, was post
poned until Feb. "a. Mr.. Hadley. while he
was at the capital, was presented to Pres
ident Roosevelt.
He said he was delighted said Mr..
Hadley, in discussing his presentation to
the executive.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1904-02-03
FEDERAL PRISONERS
GO TO LEAVENWORTH

Deputy United States Marshals Boyd and
Rankin left late Monday afternoon for
Leavenworth, Kan, with James Fox and
John Sweeney to place them in the United
States prison. Both men were indicted
few weeks ago by the special federal grand
jury on a charge of making and passing
counterfeit money at Jeffersonville. Later
they pleaded guilty to the charges before
Juige Raker and were sentenced to the
United States prison for ten and four years
respectively. Fox is an old timer at the
business and this. will make the fourth time
he has served time for the same offense.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1904-02-03
Cannot Administer Estates.

COLUMBUS, o., Feb. 2-The Supreme
Court to-day declared unconstitutional the
law permitting trust companies TO admins
ter estates The opinion was given in a
case appealed from the courts of Franklin
county, involving the estate of the late ex-
Mayor Cotton Allen. The Probate Court
had appointed the State savings and Trust
Company administrator after a disagree
ment among the heirs and the appointment
yraS contested.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1904-02-03
CONCESSIONS FAVOR
THE LIVERY OWNERS

CHICAGO. Feb. 2.-The arbitrators in the
strike of the livery drivers announced their
decision tonight The result is a renewal
of the old contract against which the men
struck. with the exception OF two items
which were eliminated I'm favor of the own
ers. These two items are that there shall
be no more delegates of the unions posted
I'm the stables, and the livery men are not
bound 20 have uniforms made by union
tailOrs.
The men are TO receive $12 week for a
twelve-hour day. with % cents an hour for
overtime, with one day off in each week
These were practically the conditions be-
fore the strike.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1904-02-03
FIRE LOSS OF $3.50, 900.
Great China Tea Company and
Other Firms Suffer.

CINCINNATI, o., Feb. 2-Fire, which
started in the five-story building occupied
by the Great China Tea Company, at q
Vine street. tonight destroyed that building
and partly destroyed four adjoining build
ings. The total loss is estimated at $50, 600,
divided as follows: Great China Tea Com
pany. 100000 Lowry & GOebeI, carpet ware
house, s60.0 600; Herman Goepher & Co. mall
sters, $4,000; ]. l.. Hite & Co, dealers in
leaf tobacco, $4,000, and Gale Brothers.
flour merchants. 5000. The loss is fully
covered by insurance The fire, it is said,
originated on the second floor of the Great
China Tea Company from presumably an
overheated stove.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1904-02-03
TWO MEN KILLED.
Several Persons Hurt in a Trac-
ton Collision at Chicago.

CHICAGO, Feb. 2.-In a collision tonight
between a crowded suburban train on the
Chicago Terminal Railway and a switch
engine two men were killed and a score of
others slightly hurt.
The accident occurred just as he train
was leaving the station at Ashland avenue
with the car platforms crowded with peo-
pie. The force of the collision hurled the
water tank of the passenger en-
CINE from its fastenings and 1t came down
on the front platform of the car directly
behind the engine. The two men who were
killed, both Bohemian laborers, were
standing on the platform and were crushed
by the tank IL fell. All the other pas
sengerS who were on this platform were
hurt, but none seriously.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1904-02-03
Ezra Fletcher Found Guilty.

Ezra Fletcher was found guilty by a
jury in the Criminal Court yesterday of
assault and battery with intent to rob
George w. Squires, MISUNDERSTANDING
grocer, on Dec. 26. He has not yet been
sentenced.
Fletcher has an unenviable police record
I'm this city. He has been tried in the City
Court for petit larceny, burglary and lott
ering and served time in the workhouse, in
addition to paying heavy fines.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1904-02-03
Sues for a Doodle Fund.

ST. LOUIS, Feb, 1.-Two suits were filed
in the Circuit Court to-day by Henry Nico-
laus, St. Louis capitalist. through attor-
neys, 10 secure the return OF the now
famous $135.0OO Suburban fund which has
been held for some time by the circuit at
tOrney as evidence against certain MEM
bers OF the st. Louis Municipal Assembly
who were charged with boodling in con-
nection with franchise legislation desired
by the Suburban Electric Street-railway
CoupanV
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1904-02-03
VANDERLIP At HAVANA.
His Presence Causes Hopefulness
for Flotation of a Loan.

HAVANA, Feb. Frank A. Vanderlip.
vice president of the National City Bank of
New York, arrived here to-day with Senator
Capote one of the members of the loan
commission, and paid visit to President
Palma.
When questioned about the prospect of
floating the Cuban $50. OOc. 900 loan Mr.. Van
derlip was noncommittal. but inquiries in
Increased hopefulness that the money will
be forthcoming, though there are no ex-
pectations that the fiotation will be accom-
plished until the war rumors in the far East
are uuieted.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1904-02-03
WARRANT ISSUED FOR
Il MISSOURI CASHIER
Lee De Ford, of Altamont, Is
Charged with Embezzling Sell
600 of Bank Funds.

ALTAMONT, Mo-, Feb. "a warrant has
been sworn out for the arrest of Lee De
Ford, cashier Of the Bank of Altamont,
charged with the embezzlement of s21, 900
of it's funds but he left the city before it
could be served. The bank has been placed
in the hands of John Meade as temporary
receiver. De Ford, who is thirty years old
and married, is the son of a wealthy Alta
mont man. IT is believed that he lost the
money in speculation.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1904-02-03

LOUISVILLE, KY, Feb. flames X.
Sharder, a prominent young lawyer who
had just completed a term as assistant
commonwealth attorney, died to-day at
the City Hospital from the effects of "A bull
let wound inflicted at midnight by w r.
Neal, of Greensboro Ky. The trouble arose.
it is said, over a suspicion which Neal en-
tertained as 20 Shrader's relations with
Mrs. Neal. Neal has been arrested The
shooting occurred in the cafe of the Cap
ital Hotel. where Neal Found Shrader talk
ing 10 the bartender.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1904-02-03

An injunction suit was filed in the United
States Court yesterday by Edward NJ. Muir
ray, of Illinois. against Otto Hornung, of
Terre Haute, asking the court TO prevent
further sale of a patented step ladder on
which Murray claims TO have previous
right of sale.
The license to make and sell has been
awarded to Terre Haute firm by the de-
PENDANT and the plaintiff is asking damages
to the extent of the profits that have ac-
crned from the sale of the ladders.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1904-02-03
HIGHER COURTS RECORD.
SUPREME COURT.

2O169 Winona, etc. Co. VS.. Collins Elk
hart c. c. Reversed. Hadley, J.-Reversed
upon the authority of Alexandria Gas Co
VS. Irish. 152 Ind, 535.
202l2 White VS.. Sun Publishing Co Ma
rion c. c. Appellant granted thirty DAVIS
extension OF time.
2020S Smith vs. Taylor. Huntington c
c. Transferred to Appellate Court.
2019O c.. L. & l.. ny. Co. VS. Town OF
Salem. Orange c. C. Appellee granted adj
ditional time to file brief.
20269 Water Co. VS. City of VALPARAISO
Lake G. c.. Motion TO dismiss appeal In No
2026S postponed; causes 20269 and 2O26S con
solidated without prejudice TO motion TO dis.
miss cause 10 take No. 2026g
APPELLATE COURT.
44S3. Claypool VS. German, etc, Co. Ma
rion s. 6. Affirmed. Roby, III. Where