The Courier-Journal from Louisville, Kentucky • Page 4

heirs of Robert C. Anderson, lias filed an Inventory showing that the total amount Edward's City Hospital will be held tonight at. the hospital: Business of.impor. ASE DAMAGES tinctly understood that the laws of our State and city will enforced. To this end this boardi holds itself positively pledged.

The Increased cost toi the city for extra policemen will not be less than $130 per week while such fair is'lln progress. Very respectfully, Charles A. Schimpft. president: John B. Murphy.

Horace Dunbar, Board of Metropolitan Police Commissioners. Jeffersonville, Ind. Before the meeting last night two of the members of the board said they had made searching Investigations and had called on many of the business men, and it was found sentiment was almost unanimously against any street fair In Jeffersonville, especially on the free order, where the principal streets would be used and there would be no inclosure. They also claim to have been Informed that fire risks were increased in New Albany during the recent fair In tha city. DISMISSED BY MAGISTRATE.

frtfit Egr From one who loves a Joke to play. It read I send by freight a ton ffl iHnAf Of concentrated life and fun nHftpS One box of Force" was" sent by him. Efl JJHp I "That fills the bill," laughed "Sunny Jim." 1 The Bcady to-Serw Certl (l7l OlflrP brings health; 1 good nature follows. Ww crisp flaKes of wheat and malt. ku I Editorial Force.

The proprietor' of tho Prist does not care to sit down to breakfast, and in fact does not do bo, without a good-sized dish of and regards it the best cereal food that has yet been put on the market. W. Mebcbk, Publisher, Iowa State Prat, Iowa City, Iowa." appellee to appellant through the fraudulent promises of another to pay him therefor, which transaction, was known by appellants or one of them. R. Gudgell Son for appellant; Alex.

Conner for appellee. Soiitrht By Drs. Grant and Mathews. STREET CAR STRUCK THEM. ALBERT BTTBRESS IS DISMISSED BY JUDGE GBJSGOB.Y.

ED COLE GETS SIX YEARS. Drs. G. Horace Grant and Joseph M. Mathows the Louisville Railway Company yesterday for damages as the result ot a collision between.

a street car and tho buggy in which theyjwere driving May 2 at Fourth avenue and Green street. At the time they were on their way to the depot to take the, train for New Orleans to attend the medical con vention. The buggy was turned over on occupants. Dr. Grant asks $5,500 He charges that he was badly cut about the head and body by wreckage.

Of tho amount sued for, -he wants $530 for tho damage which he claims was done hl3 horse and buggy. Dr. Mathews sued for $5,000. TLq claims to have received, about twenty cuts ou the head anl body, to have suffered Internal Inujrles and sprained his ankle. The plaintiffs are represented by Pryor Saplnsky.

Burress Is Dismissed. Albert Burcss. who killed Clay -Richard-eon. by striking him with his fist near Sulphur Wells, on the -Preston-street-road. last Sunday a week ago, w-as dismissed Judgo Gregory in the County Court yesterday morning.

The evidence proved that'Burress had been attacked by Richardson and that the defendant did not strike his opponent with the intention of killing him. After Richardson died Bur-ress walked five miles to the city to surrender himself. In Its investigation of the case the Coroner's Jury returned a verdict of self-defense. Richardson's father, who was on hand to testify, was much enraged at Burress because of the death of his son. At.

the conclusion of the hearine several persons In the hall-way and court room neara mm. make some tnreatening reference to the defendant. A Deputy Sheriff learned at the remarks and ported them to Judge Gregory. The latter Immediately had Richardson brought Into rne oourtroom ana warnca mm to Keep the peace. Richardson promised that he would do so.

Notorious Ed Cole Convicted. Ed Cole, a negro, who has given the police department considerable trouble at various times, received six years In the penitentiary yesterday on the charge of burglary. The testimony proved that he had broken Into the residence of Mrs. L. N.

Johnston and stolen the clothes of W. E. Snow. When Sullivan attempted to arrest Colo In the "Cabbage Patch" tho negro made a movo as If to draw a revolver. The ofllcer managed to get his weapon first, however, and shot Cole through the abdomen.

For three months he llngersd between life and death. During the earlier stages ot the case all -of the physlcans who examined the wound declared that there was absolutely no chance for recovery. Two Wills Probated. The'wUl of Jonathan Bell; dated April 7. 1503, was probated yesterday.

He leaves all ot his property to his Ben, whom ho names executrix without bond. Theresla Rauteirbusch, by her will, dat ed May 15, 1J03, leaves her property at "00 Fifteenth street, to be divided equally be tween her. daughter Katio and her son John Rautenbusch. Tho adjoining prop erty, at i04 Fifteenth street, sho leaves to be divided. botween her sons-Emlle.

Andrew and Edward Rautenbusch and Cunlgunda Glass. She bequeaths $25 to the pastor of St. Mary's Roman Catholic church for masses to be said for the repose of her soul. Jacob Glass Is named executor without bond. Charges Brutal Treatment.

Though they havo been married nearly twenty-four years Barbara Laws Is seek ing a divorce from her husband. Thomas Laws, on the charge of cruelty and In human treatment. According to the peti tion they lived together until this month. the plaintiff alleglngthat for fear of bodily Injury she can no longer make her home with tho defendant. They have three chil dren, whose ages arc from fifteen to nine years, of whom the plaintiff asks tho custody.

Mr. Bemheim Wins. In the case of W. P. George against I.

W. Bernheim for $100, which the Plain tiff- claimed was due htm on a lot of Bhrubbery. verdict for the defendant was rendered In Judge Gordon'B court Georgo alleged that Mr. Bern- helm, through his agent, had the trees removed from his property at Eastwood. From tho evidence It appeared that Mr.

Bernhelm had not authorized the re moval. On Apportionment Warrant. Contractor L. R. FIgg yesterday sued the following on apportionment warrants for street Improvements: W.

F. Dlebold, $73.35, Seventeenth street, between An derson and Maple; John E. -Dlebold, Seventeenth street, between Anderson and Maple; the "Mcngcl Box Company, JS21.47. Tenth street, between Dumesnil and Ormsby avenue. Dispute Over Property.

Philip Conrad suet Cliarles J. and Marj- n. Levering lo gnln possession of two pieces of. property on Pope street, near Charlton. Tho plaintiff charges they un- "In fine architecture and all other fine arts, grace and propriety meet" Grace and propriety of design are always distinguishing features of Gorham Silver But it is not its outward fair seeming alone that has made it a household word for three generations.

It owes its place in popular esteem as well to the guarantee of sterling quality and fine workmanship con-r veyed by the tance is to be transacted, and all women are cordially Invited to attend, regard less of church connections. The Rev. T. S. Scott left yesterday for Hanover, near to attend a meet 4ng of the trustees of Hanover College, of which he Is a member.

He will return home to-morrow evening after attending tho college commencement exercises. Edward B. Funk, son of Prof. J. P.

Funk- Yf-fhU fltv vnq elected a few QUI ago a member of the Board of School Trustees of Princeton. Ind. In addition to his other business duties Funic has recently been appointed superinten dent of a clock factory at Princeton. Miss Vlrgle Rice will be the vocal soloist at the 'commencement exercises of Min- ArMriM- Packard's piano forte hnnl vriiiRh. 1s to be held at Music Hall, inot twinth irfl'Mnin streets.

Thursday night Tho graduates will be Miss Wright, of Corydon, and Miss Deshler. or this city. Mayor Shrader received a communication from the Araiourdalo Flood Association asking for donations to assist the nfnir.fod tiArsnnR Who are reduced, to p- urv bv- the recent floods. Donations of -he emit to the Armourda.e State Bank, H-he Kansas State Bank or the -Home State Bank. Articles of incorporation of the Floycl Counly Fair Association were ulea in me County Recorder's office yesterday afternoon.

The capital stock was fixed at- divided Into shares of $10 each, and the following are Che incorporators: Louis H. Meyer, H. W. is. t.

a mnri: A. T. Smith. Harmon, W. E.

Charles McCulioch and Dr. G. O. Ernl. Alhari Ewin'e and James Wagner, trainmen in the service of the C.

C. and St. and Martin Hcrter will have n. hmrlnsr In Maelstrate Fogies court next Saturday to answer to charges of assault and battery. The men had a row on tho ti-nin a few nlchts ago over tne ques Hon of 'the payment of a fare, and Ewlng hit Herter.

a nassenscr, over the head with a lantern. A vicious doir owned by Mack Gunn attacked George Rowley, soil of James Rowley, at his home In Franklin township last Saturday, and bit the boy so severely that It is feared ho will not recover. The dog, a.ihuge beast, dragged the lad to tho eround and was biting mm aoou-i shoulders and neck when a man who chanced to be passing drove him away with a club, having beaten the animal so badly that he died a few minutes later. -Mrs. Frances Adam.

2962 Wabash avenue. Chicago, writes to this city for the address of some member of the une Hundred and Forty-fourth Indiana voiun leers who knew John Ei Colby, a soldier of that command. Mrs. Colby Is In des titute circumstances and she desires to securo a widow's Dension. Her husbana was.

a- son of John Colby, who conducted a blacksmith shop on West Main street, near the stono bridge, and who lived In a qualrit-looking "house not far distant that was remarkable for its peaked roor. The coso of Hazlewood against Hozle-wood was dismissed In the Floyd Circuit Court yesterday by Special Judge Oscar H. Seymour on account of the failure or the plaintiff to comply with the order of the court requiring bond to secure payment of the costs. This suit was brought several months ago by Mrs. Pearl Hazle-wood.

now a resident of Louisville, against her husband. Dr. John Hazlc-wwd," for maintenance. Mrs. Hailewood demanded an allowance of a year.

It Is understood that her attorneys with, drew from the case several weeks ago and her excessive demands wero condemned by every one who knew of the circumstances. Joe Scholl was gathering daisies Sunday afternoon In a pasture on Dr. Lemon's farm, a short distance north of tho city, when he was discovered by a huge bull that was grazing in one corner of tho field. The animal started. for Schell.

and Sohell started for a persimmon tree near the wire division fence. Ho was assisted Into the tree by the bull and had to remain there three hours while tho vlcloua animal stood guard bolow. At tho expiration of that period two farmers came along, and they induced tho bull to go to another part of the inclosure, and In his absence Schell descended from the tree and made his escape, leaving his basket and hat in- the pasture. The cose of Joseph Stlrr against the city of New Albany, a suit to recover damages for personal injuries, Is on trial before a Jury In the Floyd Circuit Court, and will occupy all of to-day. It was necessary to have the Jury composed of persons living outside the city In order that the Jurors might be disinterested.

When the Sheriff began selecting the Jury he was unable to find twelve men from the country, and by the agreement between the attorneys for the litigants the trial began with ten jurors Instead of twelve. It was stated by persons who had been attending the courts for years that this was the first Instance when a Jury In the Circuit Court at New Albany had consisted of but ten Jurors. JEFFERSONVILLE. City Clerk James E. Ryan was able to bo at his office yesterday, and lias about fully recovered from an Illness of erysipelas.

Maj. Sam R. Jones to-morrow will open bids at the Government depot for doing the drayago for tho fiscal year beginning July 1. Mrs. Levi English, who Is suffering from an aggravated attack, of rheumatism, was taken to the Deaconess Hospital yesterday tor trcatmcnt- W.

J. Bell and wife, an aged couple of Silver Creek township, who are no longer able to provide tor themselves, have been admitted to tho county poorhouse. An appeal has been received by Mayor Schwanlnger from the flood sufferers of Armourdale, and It is likely the City Council will make a donation. In default of money to pay a fine of $1 and costs Imposed by Mayor Schwanlnger for Intoxication, William Updyke yesterday went to Jail for nine days. The ball given by tho union barbers last night at Forest Park was attended by several hundred persons from New-Albany.

Nearly 2,000 tickets were sold. As administrator. of the of Gottfried Fenter, Abraham Schwanlngor has filed suit against Charles Strauch for the collection of a note of $701.59, dated July 1, 1SS9. Karvey Eastman, block operator and electrician at the Seventh-street depot, Louisville-, Is laid up at his home In Ohio Falls from Injuries received by foiling while at work. On account of; his knowledge of gun nery, Ed.

uiass, or. tins, city, nas oeen given charge of tho artillery squad at the Marion Soldiers' Home, with the rank of Captain. Eighteen boys and twenty-one girls will bo given their, first communion nt St. Anthony's German' church next. Sunday and receive their discharges from the parochial, school.

-Frank Affolter, of this city, and Miss Emma Dugle, of Rising' Sun, were married at the home of the bride Sunday evening at 5 o'clock, a number of Jeffer- sonvlllo being present. -Cecil Harris, a young son of Frank Harris, of this city, while going to Sellers burg, fell out of a surrey he. was in, and the wheels of the vehicle passed over me ooy, injuring mm seriously. Walter Klmbcrlaln was yestordav an notated administrator of the estate of Mary Kimberlaln. giving bond In the sum oi.tMv witn Aaron uummlngs, Ezra Prall and William Motzgor as sureties.

J. K. Taggart. guarflinn of Robert -and Theodore Anderson to bo divided among the wcrds Is $4,100. Charles Heston yesterday filed suit for divorce from Rebecca Heston, the grounds alleged being adultery, and Henry, Will lams Is named as co-defendant: They wero married ln lSSi, and separated May 4.

Thomas Wlsehart, wno was stnicl: with a stone at Utlca several days ago by Alonzo Brendel, has sufficiently covered to be removed to home at Karroos Creek. and It Is now be lieved he will recover. Samuel Cunningham, proprietor of Forest Park, will give the inmates of the Jeffersonville Orphans' Home an outing Wednesday afternoon, when tho grounds will be turned over to them and they will be given refreshments. Twenty-flvo negro laborers who vhad been engaged to go to work on tho Ma ple-street construction yesterday morning refused to work for the wages offered $1.25 per day, but demonded $1.53. The work Is at a standstill.

Tho members of the City Council held a private confernce last night, the chief object being to talk on the grade estab lished on Seventh street for the elccirlc line by former Engineer C. W. Kelly. It having been found to be entirely too low The place for holding the fish fry be given by the saloonkeepers to-morrow has been changed from the park on -the electric line to Silver Grove, near Dead Man's Hollow, it having been, found lm, possible to secure the grounds first In tended. Tho Rev.

C. E. Asbury, Mrs. Asbury and their two eons, Taylor and Joseph, will leave this morning at 6 o'clock for a trip to Indianapolis in their automobile: They expect to reach their destination by night, and will stop at several places oil tho W. IT.

Carter, district organizer for tho Federation of Labor, has received permission to establish a branch of the International Carworkers' Union of and as. soon as the necessary papers arrivo tho employes of the car works will be organized. Two largo blacksnakes were killed at the summer home of M. Z. Stonnard.on the Knobs Sunday.

A number of friends were being ana wero gaged at target practice when the reptiles appeared in their midst and were killed with bullets. The divorce action of Rosella Klrby agalnst Robert Klrby. which has been on the docket since September 17. 1002, was eartlally heard by Judge Marsh yes terday afternoon. The defendant Is In Bartholomew county, and for some reason servkto cannot be had on him.

Georgo HInton, a switchman at the car. works, came near being drowned in on overflowed turntable pit at the Instl- tittion. He did not know of the danger. and stepped on a board that he supposed to ho lying on cinders, w-hen In reality It was floating on top. of the water.

-The onenlmr session of the countyi Sunday-school convention will be at 7:30 o'clock this evening at tho German Meth odist Episcopal church, and will begin with a song 'and praise sorvlce. The re mainder of the evening will be devoted to talks of twenty minutes by a number of workers. -With Judgo Perry E. Bear, of Mad lson, presiding, tho $10,000 damngo action of Mrs. Jennie Inzer' against the American Car and Foundry Company went on trial 3'esterday, and will consume all of to-day.

Mrs. Inzer Is asking damages' on account of the death of her husband. John A. Inzer. Suit was filed by Louis Deltrlch yes terday against tho Pittsburg, Cincinnati, Chicago and St.

Louis Railway Company for $10,000 damages. He alleges he was a section hand on the, and while working, nt a -wreck, February 6 was.stfuck'by.V coupllngpla. which was attached to a rope, and his leg wut Droiten, permanently uisaonng' mm. Josephine, Howard and Edna Dens- ford, children of Mr. and Mrs.

Harry Densford, of Port Fulton, came near dy. lng Sunday night from nn Illness sup posed havo been caused by eating taintea cheese, which had. been purchased at a nearby grocery, and was supposed to ue all right They bocamo deathly sick, and Dr. Bruner was cntled. As tho parents ate nono of the cheese, the solu uon was arrived at that it wn wimt causea mo fllcKness.

NAME IS FINALLY SELECTED FOR ELEtj- TRIC RAILWAY. Louisville and Southern Indiana Traction Company Is Agreed Upon By All Concerned. At a meeting held In New Albany yesterday afternoon at the ofnee of the Southern Indiana InleriiTban Com pany in the Y. M. C.

A. buildrog, be tween the officials of the railway company and committees of the Now Al bany Common Council and the Commercial Olubs of tfliat city and Jeffer-eonytlle, It concluded to adopt the title of the Louisville and Southern Indiana Traction Company for thejcorporatioh The company's ofllolals agreed, how ever, out or deference to people of those cities, to have the names New Albany and Jeffersonville placed on tlh'e cars used between the two Falls cities. The company expects to have cars running into Louisville within a few months, and It Is all most a' certainty that before another year Its', lines' vUl be extended northward, ultimately reaching the large cities of Central and Northern and possibly to Chicago. i' REGULATIONS GOVERNING CARE OF SLEEPERS. State Board of Health Will Adopt Suitable Measure for Fumigation of Cars.

The Executive Commutes of the State Board of Health will meet Thursday at the Gait House to consider the regulations governing the fumigation of Pullman sleeping cars and other passenger coaches In this This Is a question which the members of the board consider of vital Importance, and a set of regulations has been prepared which, It is believed, will result In the proper care of the sleepers and prevent the spread of disease through them. The Pullman company representative in this city and other railroad men will appear at. the meeting' and have tho subject laid before them In the proper light, and no difficulty is expressed in inducing them to co-operatd with the emu uuuiu in me matter. Saloons Closed at Bremerton. Washington, June 8.

Assistant. Secretary Darling has won his fight for a betterment of conditions at the Bremerton, navy yard. Rear Admiral Barclay, who lias Just arrived there as commandant ot the station, to-day telegraphed: "Mayor of Bremerton reports all saloons closed at midnight to-night and all licenses re-" voked." Waters and Pickerel Continued. BONDS FIXED AT $1,000. EEK" SAY SETTLEMENT WIItL BE BIADE.

APPLICATION IS DENIED. fglice Commissioners' Will Allow Ho More Street EairsIrT Jefier-sonville. DB. YANCEY WINS POINT. "Waters and H.

E. Pick-ereli, of wlio-were ar- rested Saturday evening, by -Officers Wall and Summers," or" Jeffersonville, cai the charge of embezzling $2,250 from Cliarles Rippe, of Forest City, Iowa, appealed before. Mayor Schwaninger, of Jeffersonville, yesterday morning and were represented by James W. Fortune. The case was continued until Friday and bond was fixed at $1,000 each.

Neither of the prisoners appeared to realize the gravity of the charge and Waters said he would go to Louisville, transact some business there and out home on the afternoon feain to have his bond filled. Mayor Sohwaninger said this hardly do and suggested that a carriage be hired and in company with am officer they go -'at once to Sellersburg and secure This was agreed to and Waters and Plckerell were turned over to Officer who accompanied them home. JFaters gave Isadora and J. M. Bairnett as his bondsmen, both of whom ivere required to make affidavit that they had $1,000 worth of unincumbered real" estate.

Pickerell's bondsman, is George W. Bot-torff, who Wanted to feake affidavit that he was worth $6,000. 'Af ter "the bonds' were acepted Waters returned to Jeffersonville with Officer AVa.lI rind rnroprWl to Tjoiik'svilte to leok after some business matters. r. At the City Hall in Jeffersonville yes- teivlay Waters said 'fas was not a cent and that his obligations' only went so far as his connection with, the Exchange Bank was concerned.

He said, he had accommodated Plckerell' by allowing blm to take the Sills' of lading without requiring him to take up tine drafts on. an assurance -Jfrtat'-'the paper, which he still held, would be paW. This had been done before, he said, and' there no Jrouble a-bout. lt. He was careful to deny that he had any connection with the Southern Indiana Grain Company.

Plckerell had but little to say further than he was prepared to. meet the, obligation' he -equitable-settlement was agreed upon; but Sie did not propose to pay for, corn that was not up to the grade claimed by. shipper. -He said he had welghits from the Nashville public weigher and inspection certificates that showed the grade was below what was represented by Rippe. Rippe was not in Jeffersonville his attorney, Andrew Miller, was.

He said the question of inspection or weights never came up -when Waters and Plckerell were talked to about making a settlement, there being denial of the debt, but the only an.swer.was that neither had the money pay it, each claiming the other was responsible. Miller says a number of persons in lis locality are wanting their money for" grain sold the Sellers-burg concern, and when he was talking to Waiters he told-him that he had-a' lot of overdue drafts in Ms possession. 33iis Waters denied and Miller asked him what he did with them." "I just 'ou'naieu mem up ana sent them back, as I did not want to be bothered with them," is the reply Miller says he made. It learned yesterday that both of the Jeffersonville banks and the one at Charlestown had been receiving inquiries from different places about the Southern Indiana Grain Company, and the-replies to the correspondents were that such an organization was not known to them. The action of allowing Magistrate Weir, of Sellersburg.

to accept bond for Waters and Plckerell Saturday evening, when the case was before Mayor Sohwaninger in Jeffersonville, is said by the Jeffersonville attorneys to have been an unheard of proceeding, Mayor Schwaninger having telephoned the Jeffersonville ofllcers that he had delegated authority to Justice Weir. Waters and Pickereil, it is claimed, -could have left the country their bond being forfeited. A second and more serious step Was taken in the case late last evening when Sheriff Rave went to Sellersburg armed, with bench warrants for the arrest of "Waters on information filed by Prosecutor Frank M. Mayfleld before' Judge Marsh, this step having been taken to prevent any dispute, over the jurisdiction of Mayor Schwaninger which might act as a bar to further action when he held them over. NO STEEET PAIR.

Police Commissioner Put Stop to uontempiatecl -Entertainment. The application of a colored club In Jeffersonville fori the: privilege to hold a carnival of days has. probably spoiled all chancer, of any more similar given In that city. There was aimbst an uprising of the whites the carnival, as It is-belleved the colored; citizens are now enjoying more privileges 4han they should, and Mayor -'Sohwaninger referred the question, to Board of Metropolitan Police Commissioners for action, and last 'night at the regular meeting of that body the foHowlng're-ply was made: June 8, -1903. Hon.

Abraham 'Mayor, Jeffersonville, -Ind, Dear answer to your Inquiry as to the' advisability of granting a permit to any person or persons to hold a fair or similar venture in the city of JefCersonvlllo, we, the members of the Metropolitan Police Board. for said city; respectfully: present-It is our Individual opinion'as well as the. opinion of many substantial citizens at" city', such' a' permit should not for. the following reasons: i.l effect. i3 demoralizing upon the community In whlch.sald-fair may be held dwlthout any.

resulting' benefits at t0nd3 a Venture the risk to adjacent property witness the 'rriiValiand JVnJ. lrPrlnelpal streets blockaded with It ons belonging to the shows )t would be Impossible for the Fire De- KSPSM ffeo A res7eACrfoiB 1iSuiny an ontlre absence or our- state and to be dls- Municipal Government Construction of Statutes Constitutional Law Injunction. Town of Grayson vs. Bagby. (To be reported.) Filed May 27, 1903.

Appeal from the Carter Circuit Court. Opinion of the court by Judge Nunn. reversing. Appellee was arrested under a charge of violating an. ordinance of appellant town, a breach of the peace, and taken before the Police Judge.

Appellee filed his affidavit, swearing him oft the bench. who was designated by an ordinance, as provided by Section 3711. Kentucky Statutes, was called In to preside. Appellee applied to the Circuit Court and obtained an Injunction upon the ground that said section of the Statutes was In violation Of Section 100 of. the Constitution, which prohibits the exercise of any judicial power by any officer, except those named in.

the Constitution, and that the attempt to vest W. with Judicial power was void. Held That the ordinance did violate the Constitution by attempting to create a court, but only authorizes in the emergencies therein named another person to fill the position, which authorized him to exercise judicial powers In the particular cases. Nor was appellee entitled to a trial before the County Judge or some Justice of the Peace of the county, under Section .1126, Kentucky Statutes, aa Section 3711 was passed after Section 1126. and must be construed as repealing same.

Insofar as Inconsistent therewith. Armstrong Woods for appellant; Theobald Theobald for appellee. mi DAY. STRIKE OF CLOTHING WORKERS IS QUICKLY SETTLED. One Hundred Walked Out Yesterday Morning, But' Will 'Return To-day.

One hundred employes of the Defiance Clothing Manufacturing Company, at 225 Sixth street, walked out on a strike yesterday morning because they were refused an Increase of 15 per cent. In thelr wages. The shop was closed all day, the being complete. Yesterday afterncon at 4 o'clock, a meeting cf the strikers was held, and it was decided to return to work on the old scale ot wages but without the. union" label 'and to work ten Instead of nine hours a day, as before.

This ended the strike, which lasted Just one day, and the strikers will return to work to-day. They have lost one days work and will have to work sixty hours a week instead of fifty-four. This action of the strikers was. not final, as they will remain at wwk under' the old scale until they hear from the head of the union In Now Ycrk. It is possible that they will again strike.

The chairman of the Grievance Committee is Miss Maggie Hummell. WESTERN DELEGATES DELAYED BY FLOOD. The Superior Lodge, Degree of Honor, Opens Its Annual Session At St. Paul. St.

Paul, June S. The Superior Lodge; degree of honor, auxiliary to the Supreme Lodge A. O. U. opened its session to-day at Minnehaha Hall.

Some of the delegates have been delayed by the floods, notably these from Kansas and the. States In direction. The sessions are all secret. Mrs. Elizabeth E.

Allburn, of Sioux City, Superior Recorder, reported a total membership of S5.B00 and a beneficiary membership of The Superior Receiver, Mrs. Emma S. Blck-i ford, of Manchester, N. reported something over $9,000 received into and disbursed from the senerai fund since January 1. The beneficiary receipts dtirlng that time amounted to $12,102.60.

The Upchurch fund has received $9S1 and' the fraternal building fund $215. Dr. Yancey Will Not; Have to Appear Until September. Until the SSptembenterm of the Clark Circuit Court meets, in Jeffersonville on the third Monday of next September, Dr. Frank V.

Yancey, of Rockport, Henry county, who was arrested at Owenton by Deputy Sheriff Duval on the charge of subornation of perjury in assisting to, secure a license on to marry Miss Anna Estes, is free from further trouble. He appeared for the third time yesterday to answer to the charge before Justice Prewitt, in Jeffersonville, and there the' case was dismissed, it beingjthe understanding that Yancey was to appear before Judge Marsh and answer to information that had been filed by Prosecutor Mayfleld. Before Judge Marsh, Yancey gave bond in the sum of for his appearance September 21, William T. Ingram, who had been indemnified, having become his surety. Yancey had nothing to say regarding hfs case and was in Jeffersonville but a short time.

Fenney R. Stumpff, the old man who made the affidavit that. Miss Estes was eighteen years old and had been a resident of Clark county for thirty days previous to the application, is still in jail, and he will remain there until fall, practically in solitary confinement, as he is not allowed to talk to visitors. He has become very sore at Yancey and James S. Keigwin, who is also out on bond to answer to the charge of subornation of perjury, and asserts that If It was not for them he would be en-Joying the pure air of the hills of Carter county, ICy.

To Change Will. William Bauers and Frank Carpenter, of New Middletown, were arrested last Sunday night in New Albany by Capt. Millhelser and Patrolmen Starr and Neafus on a charge of having abducted Misses Katie and Rosa Roth, daughters of Peter Rdth, the wealthy distiller, who lives near Lanesvllle, Harrison county. The girls, who are sixteen and eighteen years of age, were with them, and all disclaimed any intention of eloping. The men were locked up at the Central Police Station in New Albany, and a few minutes later the father of the girls arrived.

In explanation of their corduct the girls said they could hot live at home on account of the severe treatment they received from their stepmother, and they decided to-come to New Albany and obtain employment In some of the factories of the place. They spoke of their difficulties to Carpenter and Bauer, they said, and the young men volunteered to take 'them to New Albany: After considerable persuasion one of the girls agreed to return home w-lth her father, but the other' secured a position as domestic in a private family. As the girls exonerated the young men from any wrongdoing Wiey were dismissed from custody. Roth is a man of considerable means, and as he started away. from Central Police Station with the daughter who had; consented to return home with him he stated that he intended to make a change In his will as soon as practi cable, and the two runaways would receive but a small portion of the es tate.

To Hold First Hass. The Rev. "William H. Gerdon and his brother, the Rev. Charles F.

Gerdon, will celebrate tlieir first mass in the Catholic church at New Middletown, Harrison county, eighteen miles from New Albany, to-day, the first at 8:30 and the other at 10:30 o'clock a. m. The brothers were ordained in the priesthood at St. Meinrad's last Saturday, and the rector at the New Middletown church, where they celebrate their first mass. Is their brother, the Rev.

Joseph F. Gerdon. There will be a number of the leading Catholic clergymen of Southern Indiana present to assist in the solemn and Impressive ceremonies. Among those who will be present will be the Rev. John B.

lvelly, rector of Holy Trinity, New Albany; his assistant, the Rev. Edward Kenney, and the Rev. F. X. Unterreitmeler, assistant priest of St.

Mary's, also of New Albany. The music will be furnished by the choir of St. Mary's Catholic church, under the leadership of Frank Zoeller. NEW ALBANY. Mr.

J. F. Kelly, of Lafayette, Is visiting Mrs. G. W.

Bauer, Park Place and Main street, Harriet E. Gunn qualified yesterday a3 administrator of the estate of David M. Gunn, deceased. Robert Devol left yesterday for New York to spend a few weeks with ills brother, Dr. Edmund Devol.

Miss Irma Demlng entertained at her home in Silver Grove yesterday afternoon In 'honor of Miss Beryl Hill, of Jeffersonville. Dr. and Mrs. A. P.

Ha-uss and son have gone to Indianapolis, to attend the annual meeting of the -National Eolectio Association. A euchre will bo given by the Ladles' Hospital Club Wednesday, June 17, afternoon and night, Instead of to-morrow, as Incorrectly announced. ailss Ella Jones, principal of the East Eleventh-street school, will leave to-morrow for Northern "Wisconsin, where she will spend several weeks. Joue'tt Meekln left yesterday for Terre Haute, where ho will act as umpire In a scries of games to be played at that place by the Central Baseball League. -Joseph M.

Bosler and Miss Daisy Thompson were married at the parsonage of the Third Presbyterian; church, East Elm street, near Eleventh, by the Dr. Scott, the pastor. Miss Mary Frledley and Miss Mary McElfresh, both of. this city, who have been spending the last four months In Arizona for the benefit of their health, have returned home greatly Improved. The Women's Foreign Missionary Society of Trinity Methodist church will unite with 'the Standard Bearers In a meeting at the church this evening.

An Interesting programme Oias been. prepared. airs. W. B.

Creed will entertain the presidents of the women's clubs: of the Falls. Cities to-morrow afternoon at her home, Creedmoro. on the Silver Hills. This will be the last meeting of the season. T.

Brooks, who has been visiting, relatives in this city, left last evening for Indianapolis. Be goes thence to Philadelphia, where 'ho has a fine position with the' Keystone Type Foundry Dr. J. W. Clokey, pastor of the FlrBt Presbyterian church, has gone to Middle-town, 0., to visit relatives.

During his absence Mrs. Clokey and their son Joseph will visit her sister, Mrs. Frank Crosier, at Corydon. A meeting of the Sewing Circle of St; CONTRACTS FOB. PAVH7G 24,000 SQTTAEE ABDS OF STBET ABE LET.

Sale of the Mbnqn Franchise Ordered By Board of Works Equalization Board Called. Contracts for the paving, with vitrified brick blocks, of square yards streets in Louisville were awarded yesterday by. the Board of Public Works, each of the successful bidders being Lou-isville, firms. Con-tract No. 1, for the paving of the following streets, was awarded to L.

R. Figg: St. Xavler street, from Twenty-sixth to Twenty-eighth street; Fourth street; from south 220 feet; Thirtleih street, from Walnut to Grayson: street, from Third to Fourth -Twenty-eighth street, from Bank to St. Xavicr. Contract No.

2. for the paving of the following' streets, was awarded to G. W. GoFnell: Kentucky, from Twenty-sixth to Twenty-eighth street; Stein Court, from Pre-ston to Floyd; street, from Fourth to Sixth: -Eighteenth street, from Magnolia to The total cost of the. paving will be CAXL IS ISSUED.

Special Sleeting of the Board of Board of -Equalization Will Bo Held. Mayor Grainger has called a meeting of the City t-f Equalization for Thursday morning at 10 o'clock to. -consider the complaints filed with the City Assessor against' the assessments made by him on. the for municipal -r. -r- This meeting Js called allow interest-ed persons to appear before the for' a in the assessments of their According'to a recent decis-' ion of the Court of Appeals, the City-Board "of Assessors and not the Board assess the franchise.

There was some doubt' on--this subject and a.suic-was brought to' settle it. Those who. were assessed have not had an opportunity to appear berore the Board of Equalization to show cause for reduction in their, assessments, and this meeting is fttr that purpose. Orders Sale. The Board of Public Works also authorized advertising the sale of the Fourteenth-street franchise recently passed by the General Council, granting a right of way to the Monon.

The sale will be held at the Sixth-street entrance to the City Hall on Monday, June 22, at 13 o'clock noon. The upset price is $100. This is the franchise In connection-with which Aider-man T. O'Bryan is charged with attempting to bribe. General Council will meet to-night, and it is probable that some action will be taken.

Nothing could be learned- yesterday as to the probable action should tho question be brought before the Council. Flower Mission. This morning, at 10 o'clock, the annual distribution of: flowers by the' Ladles' Mission' take All tho public asylums and institutions, will be The ladles will meet in the rooms the-mission, at 207 West Chestnut street, at o'clock, and will make bouquets and wreathes. Ladies are needed for the singing, and theiipqceTdent requests that anv singers who can as3lst will meet with them. If Your Physician prescribes-a milk diet, for its easv diges- tlbillty It will be well to use Borden's-Peerless Brand Evaporated Cream to get a rich, dellciously flavored milk food perfectly sterilized, according to.

later sanitary methods. For general household uses. Prepared by Borden's Condensed Milk.Co. Marriage Licenses. Marriage licenses were Issued yesterday to the following: Albert G.

Hord and Emma Craft Lamb, Peter J. Schmitt and Mamie C. A. Oldiges, George B. Stewart and Blanche Allmond, George J.

Schneider and Annie Miller, Al-bert S. Pope and Mary Scott 3. L. Slaughifr and Stella" Ramsev. Pat Mc Gulre and Rosa Medlock.

Charles P. Mlehelson and Shapero. James H. Neafus and' Marv Miller. Outtnin and Reglna Weishroan.

Leonard Grabler, and M-ances Wermuth. FHOH CONGBESSBTAIT. LTVTIJGSTOJT, OF know of -tho suocsssful. use of S. a.

in. many cases. It is tho best blood, remedy on tho mar kot. FROM 33X-GOT. AIiLEN D.

CANDIiEIt. S. S. S. Is unquestionably good blood purifier, and tho best tonic I over used.

64 lawfully hold the property. He also sued for $250, which Is claimed to be due him as rent on the property while It was in their possession. Indorsed $100 Check. J. P.

"Waters sued Ben Bealmear for $100. The plaintiff charges that he Indorsed a check for the defendant on tho Bullitt County Bank at Shepherdsvllle. The check, according to the petition, was not made good by the defendant, and the plaintiff had. to. pay" it.

Court Paragraphs. William Lee, accused of petty larceny, was given six months in the Workhouse. William Smith, a. negro, charged with malicious cutting, was given six months In the workhouse. Ed Tracy was given two years In the penitentiary for breaking Into the house of Mrs.

Maggie Lynch. P. Winkler's Sons brought suit against J. C. Sale for $257.03.

claimed to be due the plaintiff on merchandise. Clarence Goodloe, colored, was given six months in the workhouse on the charge of malicious shooting. Thomas Hays, a negro, accused dt having cut Eleanor Bradley, received three yeaTs In the penitentiary. Sylvia Lester was examined on Information of lunacy and adjudged Insane. The cause Is alleged to be continuous attendance on spiritualist meetings.

Basil Doerhoefer sued James B. Senior for $1,700, which the plaintiff claims is due tfilm on notes dated during August and September, 1S00, with Interest due from February 1, 1802. The Louisville Trust Company, as guardian of Edith E. Farrell, brought suit asking the-court's 'permission to-be allowed to pay certain bills of Its ward out of tho principal of the estate, which oflg-Inally amounted to $3,000. Court of Apeals Decisions.

Liens Pledges Kentucky Furnace Company's trustee vs. City National Bank of PaducaV-(Not to be reported.) May :6, 1003. Appeal from the McCracken Circuit- Court. Opinion of tho court by Judge The' Kentucky Furnaco Compabv -leased a lot to and piled 113 toris of plg' lroii, for which H. executed his warehouse re- ceipt.to said company, which.it pledged to appellee for money The pig Iron was ricked up In a pile, separate from any other, and H.

agreed to hold It for appellee. Said company afterward became bankrupt, and this action involves the rights or the appellee to saia property as against the claim of the trustee. Held That the transaction was in legal effect a pledge of the iron to secure the hank debt, and the trustee is not entitled to same, until said debts are paid. J. D.

Macquot for appellant; Greer Reed for appellee. Negligence Instructions Ford vs. Crlg-ler (Not to be reported.) Filed May 27. 1903. Appeal from the Kenton Circuit Court.

Opinion of tfcs court by Judge Nunn. reversing. Appellee was carrying on business in a thrce-storv building, where, they had been for some' time, nnd were renting out the third story for storage of furniture and the furniture was moved to and from it by means ot an elevator, which had fallen before within tho knowledge of Appellant, while In the employ of cx-pressmcnt was engaged In loading furniture on the elevator, when It fell with him. Indicting Inurles for which appellant brought this action against appellants for damages, alleging that the unsafe condition of the elevator was unknown to him before tho fall. On tho trial the court gave a peremptory Instruction for the defendant, from which this appeal Is prosecuted.

Held That the court erred In giving said peremptory Instruction. Appellees are engaged In the storage business and had furnished and directed tho use of this elevator In tho removal of goodB from their building and if the elevator they furnished was out of repair and unsafe and they knew, or by the exercise of ordinary care -could have known that It was unsafe before directing the use thereof, or before the Injury to appellant, and appellant did not know of Its unsafe condition, then nppellees would be liable. n. F. Grazlani for D.

A. Glenn for appellee. Teellirence Fellow-servant Pieadlmr. Burton vs. Magann.

(Not to be reported.) Filed May 27. 1903. Appeal from the Breathitt Circuit Court. Opinion of the Court by Judge O'Roar. affirming.

Annellant. a laborer In tho employ of appellee, brought this action to recover for Injuries received by tho negligence or otners in-ine employ ut iMiiittuee, -lino the court aujuugea saia pennon, was in sufficient to charge appellant for Inju rlos caused by a fellow-servant. On ap peal Held That the lower court properly ad judged said peiition msumcieiii rot- sov-irni stated In the opinion. Thoma3 T. Hlncr and Marcum for appellant: G.

w. l-ieenor ana iiklilcll Rlddcll for appellee. Foreign Corporations License ConsU-tutlonal Law. Hagan, McMorram Trealo Company. (Filed May 27, 1903.) Not to be reported.

Appeal from the Nelson Circuit Court. Opinion of the court bv Chief Justice Burnam. affirming. "This action was Instituted to recover the penalty under Section 071, Kentucky, from appellant, a corporation created under the laws of Indiana for engaging In business in this State without giving the location of Its offices In this State and tho name of an officer, or agent thereat upon whom process may be served. In Its appellant states that Its place of business Is Aurora.

nnd that the only business It does Is to -send a salesman in this State, who solicits orders for shoes of their manufacture from samples exhibited, and that such orders are subject to approval att Its place of business in Indiana. This" answer was ad-ludgod sufficient on demurrer and the petition dismissed. On appeal-Held That Section 071, Kentucky StaU utes, cannot be applied to appellee, as same Is a violation of the Interstate commerce law nnsed by Congress under Subsection 3 of Section 8. Article -1, Constitution of the United States. No question seems to be more firmly setUed than that.

-a' manufacturer ot goods which are unquestionably subjects of commerce. who carries oh his business of manufacturing In one State, can-send his agents Into another State to-solicit orders for the product of the manufactory without being: embarrassed or -obstructed by being required tako out licenses or file certificates by the laws of the domestic State. D. J. Wood'and N.

W. Halstcad for appellant; W. B. Stler for appellee. Canceling Conveyance Fraud.

Cheap, vs. Jackson. (Not to be reported.) Filed May 27. 1903. Appeal from tho Bath Circuit Court.

Opinion of the court by Jndco Nunn, In this action the lower court properly canceled a conveyance 'v1 nm.i i- mm caSV antnC "the market to-day is S. S. S. There is hardly' a man. woman or child i has not heard of S.

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