The Courier-Journal from Louisville, Kentucky • Page 5

THE LOUISVILLE, WEDNESDAY MORNING, APRIL 3, 1907. his left hand: While In the defendant's EIGHT YEARS BRAND eat and AFTER-EASTER Most housewives" talce great pleasure in retting im: aomeuung new tne.wayfot an appetizing treat, There is no othrrartirU. rise of food that will SALES ARE NOW ON. vanalions as Spaghetti FAUST- Brand Avill With it you can give' your i surprise. ouy a pacrcage rrom your recipe, here given you will obtain an idea of After you have tried this recipe ii more equally as delightful.

any housewife on request. recipes, but tells about .1 jpagnera wny made why Look at MAULL prove family send it it tor Great Opportunity to Buy Advantageously. i WE ARE MAKING. SPECIAL SALES IN Women's Tailored Suits, Coats, Waists and Skirts Come to Louisville April 8 to 13. One and one-third railroad fare refunded these dates.

RECIPE Faust 'Spaghetti vvithTomato Sauce Butter baking layer. of boiled Faust Spaghetti, then a layer of Tomato Saucs add successive layers of Spaghetti 'and Tomato Sauce till the dish is nearly full. jve the layer; of Tomato Brown in a'very quick oven for five minutes. Serve 'and pass grated Parmisan. orxEdam be added accord ing to, taste.

BROTHERS, St. Louis, Mo. H. J. GUTMAN CO.

Incorporated MEMBER OF RETAIL MERCHANTS' ASSOCIATION. if he would only speak. Let all the facts be made public so that the worshipers of Theodore Roosevelt can know Just what kind of a man the people of this employ. In the of W. Kraha against the Zorn-Straus Company for $10,000 because the nlaintiff was istnirk hv an automobile, Judge Gordon gave peremp tory instructions for the defendant because the suit was not properly brought Court of Appeals Decisions.

Omer Skirvin vs. Louisville and Nashville Railroad Co. Filed March 30, 190T. (Not to be reported.) Appeal trom Kenton CirCUlt Prillr ftnln4r.n nt nut fty Chdef Justice O'Rear, affirming. t7 Visitor In Freight Yards invitation by Brakeman to Ride Injury by Jerk Of TralnT.lol.IHw A- visitor In the yards of a railroad company, who was Invited by his brother, no was a brakeman in the employ of the 1.

lo nae a "cut of fresgnt cars, being switched from one point In yards to another, and who was 4njur-eo. the attempt to get on the car by a SUdden ierk Of tho Intn I- nnlth a passenger nor a licensee, aid the railroad company cannot be held liable for his injury. D. Warileld and S. D.

Rouse for appellee; H. D. Gregory and B. F. Graziani for appellant.

George R. Gorin vs. City of Bowling Green. Filed March 15, 1907. (Not to be reported.) Appeal from Warren Circuit Oourt.

Opinion of the court by Judge Barker, reversing. Police Judges Salary Allowance for Extra Work Legality of Ordinance. Ky. Sec. 3,366.

charter ot cities of the third class, provides that "the Police shall be paid an annual salary of JGO0, but the scune may be increased by ordinance, but not during his term." By an ordinance of a third-class city, passed the sala-ry of the Police Judge was fixed at $750 per year, and by another section ho was allowed J100 per annum for extra clerical work "In addition to the salary now allowed." Held, that a Mayor of such city, who was elected in 1900. who is shown to have performed the clerical work substantially as required by the ordinance. Is entitled to receive the J1O0 annua allowance In addition to his regular salary of $750. John B. Rodes and George Gorin for appellant; R.

C. P. Thomas for appellee. Thomas A. Havlin vs.

William J. Oliver. Filed March 19. 1907 (Not to be reported.) Appeal from Ballard Circuit Court. Opinion of the court by Carroll, Commissioner, affirming.

Master iind Servant Action by Sen-tint Unavoidable Accident Peremptory Instructions. Where a laborer Is working with his fellow-servants was Injured by an accident which could not have been avoided by ordinary care, and for which no one superior to him was responsible, the trial court properly Instructed the Jury, on the trial In an action for dam-apes, to find for the defendant. J. B. Wickliffe for appellant.

C. C. Gilltrm. vs. James M.

W. Parkers Guardian, etc. Filed March 19, 1907. (Not to be reported.) Appeal from Knox Circuit Court. Opinion of the court by Carroll, Commissioner, 'afurming.

Guardian ami Ward Removal to Another State Reappointment Settlement Liability of Suretv Whore pointed guardian for and executed a bond icr nis ward In this State and receive estate, for whih nrtf irtt-ttrt -CT-fitv, the County Court of this State, and then removed from this State with his ward and was reappointed In the State to which he removed, the fact that he made settlement in the County Court of the State nnere ne was last appointed, which was approved by the court of that State, did not relieve his surety on the bond executed In thia State for the money he received In this State whicJi he failed lo account for In Ills settlement in the State to wmcn ne removed. Jirhn H. Wilson for appellants; F. D. Sampson for appellees.

Commonwealth, by vs. Jonathan D. Hearno's Executor and Trustee. Filed March 19. (Not to bo re ported.) Appeal from Kenton Circuit Court.

Opinion of the court by Judge luiu-Mjii, iiiiirming. Taxation United States Bonds Pro vision Of Act Exemnt from StatA TVt Bonds Issued by the United States for tho benefit of the District of Columbia, by the act of Congress of June 20. 1874. which provides that said "bonds shall be empt from taxation by Federal. State or municipal taxation, are exempt taxation In this Slate.

Win. D. Brent anil Greene and Van winkle for appellants; liwrence Max well. for appellees. Ixiulsville ami Nashville Railroad Com-mny vs.

William Karris. Filed March 19. (Not to be reported.) Appeal from Garrard Circuit Court. Opinion of the court ly Judge Hohson. reversing.

Kailrtinds Moving- Freisht Injury to Ono Agisting Switching Car Question of Negligence Rink. Where one was em-oloveri bv the owner of a safe to eo In a freight car to assist In moving it, and wlilie so engaged It became necessary to move tne car lit wnicn tne saie was, anu in switching the car the safe fell over on nnd In lured such pmnloye. In an action npainst the rnllmnd for diimngen by the one so hired. He That If tne deremi- ant moved the ear without notice to the plaintiff to get out. It took the risk, but tt nntiflotl him to iret out.

and he rti- mained in the car. or returned to it after getting out. he took tnu risk, nna tne Jury should have been so Instructed. John T. Shelbv.

Lewis Walker and Benjamin D. Warileld for appellant; Jaa. I. Hamilton and I. Williams for appellee.

Kentucky and Indiana Rridge and Railroad Company vs. W. Buckler. Piled March 8. 1907.

(To be reported.) Appeal from Jefferson Circuit Court. C. Third Division. Opinion of the court by Judge X'nnn nfllrmlnir Carrier Carrying Pnss-engen Beyond Station Putting Him Off at Night -J1 rectlons bv Conductor Injury Whoro a passenger on appellant's car told the conductor that he wanted to get off the car at Twenty-sixth street, so as in t-iko iwvit at the foot said street. and when the car passed Twenty-rfxth street he called the conductor's attention that he was passing without stopping, but was told he couki get on ui tne next stop, and the car was not stopped until it reached Thirtieth street, and on get ting off found It so dark that he couW not see which way to go and requested the conductor to take him back to 'rwen- iv-Klv-th street, or le.t lilm remain on the car until It reached Twenty-sixth street nn ts return tr n.

which request waa rc- fused. The appellee, being a stranger in that locality, the conductor told him to wn.lk back to a dim Ihrht which he-point ed out. and turn to the loft torvard the river, which when he did he fell tlirough ft trestle, breaking four or five ribs and otrmanenUv lnlurlntt himself. Held, that the passenger being Ignorant of the dan gers tnat might, nciau mm in aiie-mpung to net to his station, with or without the direction of the conductor, white exercls- inir ord narv care for his safety, received nn Injury, the company Is responsible to mm in carnages, in Rcn case Lne company has not performed its contract, and In effect appellee was a passenger until he reached his station, and the Injury he received was the proximate result of tho wrong done him. Humphrey Humphrey for appellant; Bnrgevin Dinwiddle ajid Samuel Avritt for appellee.

The Continental Fire Insurance Company vs. Wllford Stunston Co. Filed March 14. 1907. (Not to be reported.) Appeal from Graves Circuit Court.

Opinion of the court by Judge Nunn. aftlrmlng. Fire Insurance Assignment of Policy Knowledge of Local Agent Liability of Company. Where, on the sale of a house, the owner thereof assigned his Insurance policy thereon to the purchaser, who assumed to pay the installment notes as" they matured, and such transfer was made by the advice and approval of the local ngent of the company, such assignment is valid, although such agent had no authority to consent to such assignment, where the parties to such assignment had no knowledge of any such restrictions on the authority of the agent. R.

N. Stanfleld for appellant; Robins Thomas for appellees. McNow vs. Nicholas county, etc. Filed March 13, 1907 (To be reported.) Appeal from Nlclwlas Circuit Court.

Opinion of the court by Judge Settle, affirming. County Judge Salary' Increase old Order Effect on Second Term. Under tho provision of the Constitution declaring that no change in an ofllcer's salary can be made during his term, the salary of a County Judge was fixed by the Fiscal Court in April. 1201. at $C00 per annum, beginning January 1, 1902.

a County Judge, whose term begun January 1, 1902. was only entitled to said salary during Ids term, and the fact that during his first term an order was made by the Fiscal Court increasing his salary to $S00 per annum for said term. Which was to be Invalid, did not entitle him, on being re-elected to a second term, to a salary of JSOO under sadd void order. Holmes Ross for appellant; Swlnford Swlnford, H. MJnogtte and John F.

(Morgan for appellees. Amendment To Charter. F. A. Clegg filed an amendment to its charter, fixing Its capital stock at $50,000, and Us maximum debt at Given Nor'thington For Mur der of Werthem.

BOTH DEFENDANT AND VICTIM NEGROES WHO QUARRELED. MBS. ADELINE P. LEWMAN GIVES ESTATE TO FAMILY. REPORT OF THE GRAND JURY.

George Northlngton. a negro, tried in the Criminal Court yesterday for the murder of Frank Werthem, also colored, was found guilty and given eight years in the penitentiary by the Jury, after it had deliberated for thirty minutes. The killing took place August 23. at Thirteenth and Kentucky streets, where Northlngton lived. Werthem had gone there to see about some razors, and while the two men were alorea to gether it appears that they began quarreling.

They came out into the street apparently to have It out. in the fight that followed Werthem. according to the Commonwealth wit nesses, was both cut and knocked down. He managed to get to his feet and run away for some distance. Northlngton, however, followed him with a pistol and shot him down, it was charged.

It was alleged by some witnesses that Werthem was pursued for a square and a half from the scene of the original difficulty. Northlngton pleaded self-defense and asserted that Werthem carried a big knife and was generally regarded as a dangerous negro. He produced evidence to show a good character. Northlngton was Induced to employ Caruth, Chatterson and Blitz, the attorneys who defended him, as the result of a dream which his brother is said to have had three night In succession. The brother said that ho was warned bv the dream to employ that firm as the only means of clearing the defendant.

Adaline P. Lewman's Will. The will of Adaline P. Lewman, dated January 15, 1907, was offered for probate In the County Court yestrrday. Sho leaves the bulk of her estate to be equally divided among her husband, George W.

Lewman. sons, Jacob B. and Henry P. Lewman and daughter, Jose, nhlne L. Cox.

Her personalty is to be divided immediately to the legatees, but her house at 1519 Third avenue Is to be held Jointly by them until after the death of her husband, when it is to KO to her three children. Henry P. Lewman receives $5,000 more than Ills brother and sister because of advances testatrix has made to the others during her lifetime. His share is to be held In trust for him until he is thirty years of age, though he Is to be allowed any part of the principal before that time in order to embark In some busi ness. The following relatives receive $0 apiece: Josephine P.

Armstrong, sister; Nellie Peter, sister; Sallie Cunover, sister; Stella Langham, niece: John J. Peter, nephew: William X. Cox. son-in-law. Nelson Armstrong, a niece, receives $25.

George W. and Jacob B. Lewman are named as executors without bond. Callle Ward, by her will, dated February IS. 1907, and offered for probate yesterday, gives her property to her son, Harold L.

Ward. Georgia "Warner, a sister. Is made executrix without bond. Short-Term Men Go Up. Wallace Renfro, Chief Deputy Sheriff, will take the following short-term prisoners to-day to the Kddyville peniten tiary: William Woods, flvo years, grand lar ceny: Henry Kahn, throe years, perjury: Vaney Helm, two years, house breaking: Henry Pulllam, two years, housebreaking; Henry Smith, two years, housebreaking; Demp Hendrr.

son, one year, grand larceny: D. Noble alias Lee. two years, horse-stealing Robert Harris, five years, murder. Report of Grand Jury. The grand Jury yesterday returned an indictment against Minor Saylcs, color ed, upon the charge of stabbing to death Eldora wagner, nlso colored.

Other Indictments returned were as follows: Grand larceny Bettle Williams, Mary McSanford. Housebreaking Prince Livingston. William Nugent, charged with grand larceny, was dismissed. Court Paragraphs. John and Hannah Erlckson adopted by petition John Andrew Young, eleven years of age.

Mattle vvatson sued the city for $5,000. Sho was hurt in falling over an obstruction In the street. Jennie Baker sued the Louisville Railway Company for $5,125. She was hurt while getting off a car. Shed Bass sued Mary L.

Bass for divorce, alleging live years separation They were married May S. 1S99. Jennie E. Glass sued Alexander Glass for divorce, charging live years separation. They were married September 5.

1S95. Leila Jones Gousha sued Irvln C. Gousha for divorce, charging cruelty. They were married in JetTeraonville November 27, 1905. William McGowan sued the Louisville Railway Company for $10,000.

He was Injured in a collision between a car and his wagon. Carl Schmidt, in the name of Anthony Schmidt, sued C. C. Blckel for $15,000. He was run down by the defendant's automobile.

The Henry Vogt Machine Company confessed Judgment for back taxes on $2,500 of omitted personalty for one year, and $1,000 for five years. Melvln Goldsmith, a minor, brought suit in the name of his father, Edward Goldsmith, against the Louisville Railway Company for $5,000. He was struck by a car. Elizabeth Kuhn sued the National Union for $1,000 the amount of an insurance policy held in the defendant organization by her son, August J. Schwender.

who died February 4, 1907. Charles Starrs filed suit In the name of Samuel Starrs, his next friend, against the National Candy Company for He lost the middle linger of Elijah's Manna Ready Cooked and Easily the most delicious flavour of any flake food known. Grocers sell at 5 and 15 cts. Tho 15-cent pkff. contain double tha quantity of any ordinary 10-cent pkjj.

Made by Postum Cereal uattic wrecK, Mien. permit of so manv delichlful no Spaehelti other than1 so uniformly a i'dailv treat a ailv 7. grocer to-day and with the the unlimited possibilities of for our book containing We send this book free to It not only gives the new the making of FAUST .1 I .1 is tne best and purest ever is better than the imported. the beautiful packages your grocers that kee FAUST Spaghetti always i.4i Hi. an a II XVI call.

5 and" 10 cents associates to proceed under the name of the Louisville and Portland: Railroad Company to exercise all of the powers and perform all of the duties and receive all the benefits resulting from the provisions of tiie original charter of that corporation. Then Issued Bonds. Afterward, Henderson and his associates, under the mime of the Louisville and Pirtland Railroad Company, signed and issued bonds to the amount of and secured the same by a mortgage to Henry Pirtle. of xhe right of way. roadbed and track, as given by the State to the Loulsvttle and Portland Railroad Company.

This mortgage will be found of record In the County Clerk's office of Jefferson county, in deed book S7, p. 392. and tills is the mortgage and debt of JIOO.OCO which the Louisville City Railway Company assumed and agreed to pay off in the contracts hereafter referred to, as dated upon the 1st day of June. 1S72. It appears that under the con.

tracts which Ishain Henderson and bis associates made with the City of Louisville, a. line of rall'wuy was constructed by Isham Henderson, or by the Citizens' Passenger Rail way Company, on Market street, from Twentieth to Johnston street, and on Eighteenth street, from Market to Kentucky streets, and on Shelby street, from Market to Kentucky street; and It appears that under the contract made by-Is ham Henderson and his associates with the Kentucky Institute for the Blind, a line of street railway was constructed and operated along street, and on Thirteenth street to Rowan, then down Rowan along the roadbed, right of way and line as donated by the State, to a point on Fulton street, opposite the ferry landing, on the banks of the Ohio river; and while these conditions were existing, to-wit, on the 1st day of June, 1572. a contract was entered into by and between the Citizens' Passenger Railway Company of Louisville of the first part, the IouisviUe City Railway Company of the second part and Isham Henderson and J. Delvechio of the third part, by which there- was assigned and conveyed to Louisville City RaHway Company, all the rights, properties and franchises acquired by iFham Henderson and his associates under the contract with the City of Louisvir.e, hereinbefore referred to as mode in December, 1SS5. and by which there "was conveyed to the Louisville City Railway Company all the property and rights, consisting of lands and leases and titles thereto, and personal property, embracing the mules, horses, harness, cars and all the equipments held, owned and possessed by the Citizens' Passenger Rii'way Company In the operation of Us lines of street cars in and along Market street.

Eighteenth street and Shelby street. Tlilrteenzh street. Rowan street. Bn pt re a nd do wn to a poln on Fulton street, opposite the fern landing on the Ohio river, and also the railway track and route along the streets aforesaid. In this contract thf parties of the firt: and third part, covenant to and with tho party of the second part, that the parties of the third part ore the owners of nil the s-lock, or a least ninety (90) cent, of the stock of the Citizens Passenger Railway Company, and tliat they will protect and deu'end the partv of the second part against the claims of all other persons asserting any right or title to the property conveyed or dividends thereon, and the party of the second part, that Is, the Louisville Ctty Rattway Company, assumed the bonded indebtedness of J100.C00, before referred to.

Says Koad Wot a Party. It wilt be noticed that the Louisville anA Portland Railroad Company Is not a partv to this contract, but that the rights of Isham Henderson and his associates, acquired under a contract with the Kentucky Institute for the Education of the Blind, are simply passed by the deed of Henderson and Delvechio. It appears that Delvechio succeeded to all of the rights of the former associates of Henderson, although there is no recon' of that fact. He, at least, was recognidd as beinp the person who filled that scription. and seems to have been accept ed as the one having the right to artt with Henderson In order to transfer aH the acquired rights.

This contract, made and entered Into on the 1st day of June, 1S72, is of record in the County Clerk's office of Jefferson county, in Deed Book 1W, page 4S. and was approved and ratified by an act of the General Assembly, approved on the 3d of March, 1S73, session acts of 1S73. page Your committee finds from the forego-ing that the charter of the Citizens' Passenger Railway Company expired on the 221 day of January. 1KG. and the chart er of the Louisville and Portland Railroad Company expired on the 2d day of March, 1S74.

Neither of those charters was ever extended, and no reference is made to either of these corporations in any act of the Legislature after the one approved on the 3d of March. 1S73. by which the. contract of June 1. 1S72.

was ratified, and all rights given to and acquired by these corporations in tne streets reterrea to terminated and ended at the expiration of their charters. Tour committee, therefore, reports that there will be found no act of the Legislature of Kentucky extending the charter of the Citizens Passenger Railway Company, which was incorporated for a terra of thirty years from January 22, 1SG6. Tour committee further reports that there will not be found any contract or deed conveying and transferring its property to the Louisville Railway Company further than a conveyance to It of all of Its capital stock. Your committee further reports that the charter of the- Louisville and Portland railroad, which was Incorporated the 2d day of March, 1S44. with a corporate Ufa of thirty years, has never been extended and that it expired on the 3d day of March.

1S74. The legislative and municipal history of both the Louisville and Portland railroad and the Citizens Passenger railway ara set forth In detail In the foregoing report, and it is undoubtedly truejthat the charters of both corporations expired respectively on the 3d day of March, 1S74, and the 23d day of January. 1S96, and that the easements In these streets are tha property of the city of Louisville, and the rights of way in the streets of Louisville for both of these roads have reverted to the city because of the expiration their corporate life, as provided for In th charter of each. Respectfully submitted. VT.

Yv. BARNES, Chairman. son and his associates, as set'oiu in thsir contract. At the end of thirty years, the rights created by the contract and resting In it are to end; the city of Louisville is then to acquire, by purchase, all the rights of Henderson and his associates In the property used for the operation of said railway by them, at a valuation to be determined by the appraisers. This contract was made and dated In December, litio.

and it was not until the 22d of January, 18G6, that the Governor approved the charter of the Citizens' Passenger Railway Company, which is found on page 116 of the Session Acts of 1S65-C6. The charter of the Citizens Passenger Railway Company provides that that shall continue in existence for the period of thirty years. It makes no reference at all to the contract of the City of Louisville with Henderson and others, but simply authorizes and empowers the corporation to construct and maintain, with the consent of the City jf Ijouisville. lines of street railway upon and along the public ways of the City of Lmisvllle and confers the powers usually conferred upon corporations of this character. Finds No Record of Assignment Your committee finds no record of any assignment, transfer or conveyance by Henderson and his associates, to the Citizens' Passenger Railway Company, of any of the rights acquired by Henderson and his associates under the contract made with them by the city of Louisville, hereinbefore referred to; but It appears that Henderson and his associates, after the.22d day of January, 1SC6.

acted for and on behalf of. and under the name of the Citizens Passenger Railway Company; for your committee finds that, by a resolution of the General Council, approved on the 12th of June. ISfti. the Citizens' Passenger Railway Company was authorized to extend its lines on Market street from Shelby to tho rear of the Woodland Garden, and on Mnrket street from Eighteenth street to Twentieth s-treet. The first amendment to the charter of the Citizens' Passenger Railway Company was approved on the 9th of March, ISiBi.

and is found on page 571 of the Acts of lStu-S. and simply gives to that corporation the authority to issue its bonds and sell so much of its capital stock as had not theretofore been subscribed for. In the year 1S72 there were two amendments to the charter of the Citizens Passenger Railway Company one approved on the 13th of March. 1S72. found on page 63 of the Sesplnn Acts of 1S71-2: the other found on page 3fiS of the same volume.

By the first of these amendments, the corporation Is authorized to extend Its track from Market street In Hancock as far as Hancock street was graded; then by streets running east and west trt Jackson street, and thence in Jackson to Market street. By the second amendment the corporation was given the power to extend its tracks from Market street in First street to College street; thence east along College street to Brook street; thence out Brook street as far as graded, and thence by streets running east and west to Floyd street, and then through streets parallel with and east of Brook street, back to Market street. At this point It will be necessary for your committee to digress, in order to gather up all the threads leading to one particular event. Louisville and Portland Railroad, Prior to the 2d day of March, 1S4I, the Commonwealth of Kentucky was the owner of a roadbed and track, commencing at the intersection of Main and Sixth streets, running thence westwardly along Main street to Thirteenth street; out Thirteenth street to Rowan street; down Rowan street to Bank street thence down Bank street to Portland, and down Grover street to Fulton street in Portland, and down Fulton street to a point opposite the Ferry Landing on the bank of the Ohio river. On the 2d day of March.

1S44 the Governor approved an act entitted "An act to Incorporate the Louisville and Portland Railroad Company," and which Incorporation was bv such act given for the full period of thirty years thereafter, all the rights and powers necessary to operate a railroad over the track referred to. By the fourth section of the Charter Act, subscriptions to the capital stock of the corporation were authorized to be made and i.v the terms of the act the State subscribed for certain amount of' the capital stock of the corporation and in pavment thereof donated to the corporation its right of way, roadbed, above referred to. By the terms of this act Incorporating the Louisville ami Portland Railroad Company it was provided that all the profits, "income and revenue over and above 6 per cent, was to go no to and be used In the aid and maintenance of the Kentucky Institute for the Education of the Blind in fact, it is apparent from the terms of the act that the gift or grant bv the State to the corporation created by the act. was for the purpose of fostering and maintaining the Institute for the Education of the Blind, and it was under this act that the corporation known as the Louisville and Portland Railroad Company was organized. But It appears that aTter its organization the corporators nnd stockholders abandoned the enterprise, gave up their stock subscriptions and surrendered their franchise, and thereafter the General Assembly, by an act approved January 9, 1852, vested in the Kentucky Institute for the Education of the Blind, all the property, rights and franchises theretofore conferred upon and given to the Louisville and Portland Railroad Company, and vested In tne Kentucky Institute for the Education of the Blind, the power to use and dispose of the property, rights and franchises thus given It, In aid of Its maintenance; and it was under the authority of this act that the Kentucky Institute for the Education of the Blind on the 1st day of April.

1S53. entered into a written contract with Isham Henderson and his associates, which contract was reduced to writing, mutually signed and delivered and recorded in the office of the Countv Clerk of Jefferson county, in Deed Book 92. page 580; and thereby, the Kentucky Institute for the Education of the Blind, for the considerations recited therein, conveyed and granted to Isham Henderson anu his associates nil the rights, franchises and properties given it by the State in said railroad right of way. roadbed and track, and authorized the said Isnara Henderson and his QUESTIONS Railway's Right To Use Certain Streets. REPORT OF SPECTAT, COMMTTTEE TO AJLDEEMDN.

MR MTJfASY AND JUDGE HtTM-PHKEY RIDICUXE OPINTOIT. GOES TO CITY ATTORNEY. Dr. W. VT.

Barnes, chairman of a special committee ot the upper board appointed some time ago to look into matters pertaining to public service corporations in operation in the city, submitted a report last night, in which the right by which the Louisville Railway Company is operating its cars over some of the streets of Louisville was attacked. The report says the committee finds that the charter of the Citizens' Passenger Railway Company expired In 1S96, and that the charter of the Louisville and Portland Railway Company expired In 1S74. Both of these roads are operated by the Louisville Railway Company. The rlrst is practically the Marke-t-street line, while the other Is what is now known as the Portland -a venue line. Following the reading of the report Alderman Embry said it was a most important one.

and suggested that tho City Attorney be called upon to examine it and submit In writing his opinion bearing upon the matter. He said that the report could not be In more capable hands than those of Dr. Barnes and George J. Butler, the other member of the special committee, and that they could be depended upon to pursue the Investigation to the end. Special Attorney If Necessary.

On motion of Alderman Miller the report was recommitted to the special committee and the members of it were directed to confer with Judge A. K. Richards relative to the report. Alderman Embry suggested that if Judge Richards was too busy to give the report the attention It deserved. It might be wise to employ a special attorney to look Into the matter.

T. J. Mlnary, president of the Louisville Railway Company, when acquainted last night with the nature of the report, said that he was not at all worried over the result. Mr. Mi nary Not Worried.

"We have recently had all our franchises examined," he said, "and found thetm to be perfect. We have not the least fear of the outcome. Rumors to the effect that the Louisville Railway Company was operating cars over streets upon which the franchises had expired have been circulated from time to time, but they never bear the light of Investigation." Judge Alex P. Humphrey, attorney for tho Louisville Railway Company, said that the allegations contained in it were not true and that the company would experience no difficulty In defending its rights to the streets over which its cars are now operated. Contract With Prior to the incorporation of what was known as the Citizens' Passenger Railway Company of Louisville there was a contract entered into by and between the City of Louisville upon the one part, and Isham Henderson and hla associates up-n the other, which was reduced to writing, mutually signed and delivered, acknowledged and recorded in the ofllce of the Jefferson County Clerk, in D.

B. 26, pp. 4S0 to 491, Inclusive. Under the terms and provisions of this contract, there was given and secured to Isham Henderson and his associates, the right for the period of thirty year) from the date of the contract, to lay down, construct and maintain a line of streot railway in the city of Louisville, along the following route: Commencing at the intersection of Shelby nnd Kentucky streets; thence In Shelby to Market street; thence down Market street to Eighteenth street; thence out Eighteenth street to Kentucky. Branching at the intersection of Market with Eighth nnd Tenth streets; thence In Eighth and in Tenth streets to Broadway; thence up Broadway from Eighth to Tenth, and thence out Tenth to Kentucky.

There Is no mention made in this contract of the Citizens' Passenger Railway Company of Louisville; but there Is a stipulation therein that Henderson and his associates may assign all of rights acquired under the contract, to a corporation to be thereafter formed, and which corporation Is to aesums all of the obligations and undertakings of Hendvr- NO EFFECT. President's Denial Will Not Convince Public. THOUSANDS OF DOLLARS RAISED TO ELECT HIM. BELIEVED THAT OTHER LETTERS WILL COME TO LIGHT. AS TO MORGAN'S INTERVIEW.

Washington. April 2. Special. Had not the President denounced in such vig-orous language the statement of Judge Alton B. Parker, the Democratic candidate for President In 1904, that his charge that large corporations had contributed vast sums for the election of Roosevelt, the denial of Roosevelt to-day to the Harriman letter to Mr.

SiJr.ey Webster, of Kew York, might have some effect upon the public mind and in a measure exonerate Mr. Roosevelt. Had it not been for this money he may not have been elected President, though it can be truthfully said that the trend of sentiment in 1904 was decidedly favorable to Roosevelt. This, however, does not cut out the scandalous means by which he secured his election. He knew very well that thousands upon thousands of dollars had been raised in his behalf to debauch the voters of the country, and he allowed this debauchment to go on without r.indrancel The whole story is revolting to the American idea of a fair deal.

It is disgusting in all of its details when one thinks that this President of ours has always posed as a civil serv- I ice reformer, pure, fair, serene and as I an angel of light. I The Harriman letter to Webster is only one of the many, that will finally be brought to the light of day. There are others and many of the same na-j ture. Let John Pierpont Morgan tell of his interview with the President In September, 1904. He could crush all doubts of the President's inconsistency former river pilot, of Brookport, 111., called at the house of his stepson, Fred Trout.

Hast night, where Mrs. Milliard had taken refuge, and was greeted with two pistol shots, which put an end to his existence. McCawley, It is clalm- 1 ed, had threatened the life of both his wife and his stepson. The Coroners Jury returned a verdict of Justifiable homicide. MYSTERY SOLVED.

Body of Missing Boy Found In tne Ohio River. Paducah. April 2. Special. The finding of a floater in the Ohio river at Metropolis Landing, twelve miles below Paducah, has cleared the mystery surrounding the absence of Frank McKay.

son of Frank McKay, of this city. The boy disappeared March 27 while returning from an excursion trip to Cairo on the Dick Fowler. He fell overboard unobserved. The body was brought to Paducah for burial. FOUL PLAY SUSPECTED.

Dead Baby Found In Creek Believed To Have Been Murdered. Aahland. April 2 Special. An autopsy has just developed the fact that the baby whose body was found in the creek near Ewing was murdered, and that It was two weeks old at the time of its death. Prosecutor A.

S. Kendall stated to-night, as his belief, that sensational developments would follow in a-few days. Elbow Cut By Ripsaw. London, -April 2. Special.

W. H. Harkleroad, head sawyer at the planing mills of the London Manufacturing Company, was caught by the ripsaw to-day, and his right elbow-sawed oft. The ends of both bones at the Joint were cut off, and the limb will probably have to be amputated. Stabbed To Death.

Jamestown, April 2. Special. William Turpin was stabbed to death by Lile Koy. ine trageay is saju iu have been enacted at a place twelve miles distant from here. Bcais tlo K'nl1 Y0D 1,258 MANY FARMERS Attend Meeting of Garrard County Association.

XWO DAYS' SESSION AN" OT-QTTAIXETKD SUCCESS. ADDRESSES OF VALUE AND INTEREST MADE. HUBERT VREELAND PRESIDES. Lancaster. April 2.

Special. The Garrard County Farmers' Associ ation has just closed a two-days' session at the courthouse In this place, and the meeting was an unqualified success. Prof. Scherfflus, of Illinois, delivered an address on "Tobacco Haisins Prof. J.

E. "Winy, of Ohio. Rave-an lve lecture on "Alfalfa. Corn Raising and Soil Fertility." Prof. E.

S. Goode, of Indiana, discussed stock raising, and M. F. Thompson, of Jefferson county, spoke on fruit culture. The Hon.

Hubert Vreeland, Commissioner of Agriculture, acted as chairman. A large membership of Garrard farmers were in attendance, and a bar.r-uet given at the courthouse closed the Interesting programme. INCORPORATION ARTICLES riled In the Department of the Secretary of State. Frankfort. April 2.

Special. Incorporation articles were to-day filed In Department of Secretary of State as follows: Louisville Construction Company, of Jefferson county, with 525,000 capital stock. The Incorporators are Attilla Cox, V. C. Yeager and M.

A. Cur-ley, of Louisville. Campbellsville Canning Company, of Taylor county, with $10,000 capital stock. The incorporators are J. H.

Houghland. of Underwood, and J. E. Gowdy and V. M.

Jackson, of Campbellsville. Sadieville Bluegrass Creamery Company, of Scott county, with $6,300 capital stock. The incorporators are R. H. McCabe.

J. P. Fields and W. A. Hinton.

Cuscaden Ice Cream Works, of Jefferson county, with $5,000 capital stock. The incorporators are George W. Cus-caden. and Sophia Cuscaden and G. Cuscaden.

Jr. Kentucky Realty Company, of Jefferson county, with $2,000 capital stock. The incorporators are L. and S. Ober-dorfer and G.

B. and W. Daviess, of Louisville. DOSSENBACH ON TRIAL. Louisville Man, Charged With Murder, Faces Jury Second Time.

Frankfort April 2. Special. The second trial of Jacob Dossenbach. the Louisville man held here on a murder charge, was entered into to-day in the Franklin Circuit Court before Judge Stout. The regular panel of Jurors was exhausted and a venire drawn from the wheel for service In the case.

Dossenbach has been in Jail here for year or more. He killed one George Miller, also of Louisville, in a local saloon about eighteen months agro. They came here to work in a distillery cooper rttop, and fell out over some trivial matter. On the first trial Dossenbach "was convicted and given a prison term. The Appellate Court reversed the judgment for alleged errors and ordered another trial.

TO SET ASIDE WILL. B. T. Frank Brings Suit In Court In Paducah. Paducah.

April 2. Special. Alleging that the document probated oy Ms mother is not the last wjll and Jfstament of his father, Ben T. Frank, Sr, who died February 2S, 1S98, Ben Frank has brought suit in the Circuit Court to set aside the will. He ims his father tried to sign the will few minutes berore he died and was Dot of a sound and disposing mind, "he signature Is illegible.

It conveys Property valued at $75,000 to his widow, ho has since married. WTFE-BEATER KILLED. 'try Classes Action of Stepson As Justifiable Homicide. Paducah. April 2.

Special. giving his wife a severe Milliard McCawley. saloonkeeper ant? country nave In uio Wnlte House, So far as-fhose compaiirn subscrin tlons in 1904 are concerned, it can, and pernaps win. oe provea Derore th elec tion next year that the bulk oflhe money came trom the very interests that Roosevelt Is now fighting. PARKER DISPLAYS INTEREST AND MAKES STATEMENT.

Says It Is Now Safe To Deny Harri-man's Assertions. Albany, X. April 2. Alton B. Par ker, Democratic candidate for the pres idency of the United States in 1904, was in the city to-day, and displayed the keenest interest In the letter of E.

H. Harriman, published to-day, especially in regard to Its relation to his own charge made In the 1904 campaign that the great corporation Interests were largely financing the Republican cam paign. Tc-nlght he Issued the follow lng statement: "That $150,000 was turned over by the Equitable. Mutual and Kew York Life Insurance Companies to Mr. Cortelyou's committee has never been denied, of course.

It was testified to under oath before a body who could have sum. moned Mr. Bliss and Mr. Cortelyou to the witness stand if it had been denied. It is safe to deny Mr.

Harritnan's state. ment because there Is not a committee Derore whom Mr. Bliss and Mr. Cor tclyou and others can be summoned and compelled to testify. Congress has refused to make an Investigation of the corporate contributions of 1904 or to pass a law prohibiting corporate con tributions in the future.

The moneys rairea oy iiarnman arm contribut ed by the life insurance companies ag gregating $300,000 was but a drop in th bucket as compared with the total con tributions by railroads and other great corporations. The public importance of an investigation at this time, therefore, cannot be over estmated. "One of the questions now pressing ror solution is whether Federal governmental control over railroads and otner great corporations shal be furlh er extended. It will help fo solve that prooiem rigntiy, to learn tnat governmental power In the past has been used for political purposes used to raise money to continue an existing admin tstration. The proof that It has been so used will make It perfectly clear to every mind that It can be used again; aye.

that It will be used again and. indeed, will continue to be used so iong as politics and business can be made mutually helpful to each otner. "Possession by the public of that knowledge and the necessary deductions therefrom will Inevitably lead to attempts to surround such power as has been or may be conferred with the absolute safeguards against political abuse of It. So far no effort has been made in that direction. It has not been made because the people have not appreciated the necessity of it.

That they may do so. An investigation should be had that will bring out the whole truth. It will help many to see quite clearly what Is now hidden; viz. the ultimate purpose of some of those who seek in the name of reform to strip the State.s of power that it may be centered at Washington." BLISS SAYS HE DOESN'T WANT TO SEE IT. New York, April 2.

Senator Depew, when asked about the Harriman letter, said: "I know nothing about It, except the part that refers to me as a possible Ambassador to France. It Is true that a friend told me that I might be appointed to that place, but I told him that I did not care at all for the Ambassadorship. That is ail I can say about the Harriman letter." Cornelius N. Bliss made this reply to questions: "-I have not seen the Harriman letter: I don't want to see It, and If I did see it I would say nothing about It." GRIM REAPER CLAIMS MUCH BELOVED WOMAN. Sister Harriet Price For Twenty Years Taught In Parochial Schools In This State.

Lexington, April 2. Special. Sister Harriet Price, who hod for twenty years taught in the parochial schools of several cities of Kentucky, died at St Joseph's Hospital tihis afternoon, where she had been ill for about a year. Before coming to St. Joseph's, Sister Harriet taught for several years in Father Major's parochial school at Frankfort, where she was well known.

Academy cemetery, in Nelson county, for interment.