The Courier-Journal from Louisville, Kentucky • Page 5

THE COURIER-JOURNAL, LOUISVILLE, FRIDAY MORNING, NOVEMBER -19, 1909. BANK STATEMENTS. Report To the Comptroller of the Currency (Condensed) of THE WAY OUT of a SOCIAL DIIEMMfl me condition ot the THANKSGIVING SPECIALS National Bank of Kentucky OF LOUISVILLE, At the Close of Business November 16, 1909, company's employ. At the expiration of the time named, he said, ho was informed that he was to be paid at the rate of $1,000 a year and he refused to work longer. The defense contended that not until April 1907 was anyone authorized to make such a contract as that asserted by the plaintiff and that the plaintiff had agreed on a compromise.

The Jury found for the plaintiff in the full amount sued for, $1,150. More Peremptory Instructions. Judge Eatson' yesterday in the First Common Pleas division gave peremptory Instructions for the defendant in tho case of Belle Carrithers against Mamie E. Ferry, a suit for $10,000 as damages. This was at the close of the plaintiff's testimony and was on tie grounds that she had not shown thait the defendant had contracted to keep the house she rented of her in good repair.

Damages grew out of the alleged faulty condition of these premises. The case was what is known as a "landlord and tenant case." RESOURCES. Loans and Discounts 5.990,174 41 Overdraft. 1.S61 22 Hval Ivstato 65,962 00 t', and other Bonds and Storks 2.464.3S6 48 Jue from U. S.

Treasurer 79.000 00 IHie from other Banks 1,175,799 82 Cash 754,603 45 Total 38 Established in 1S34. Now- occupies building In which it has Jourth hand for JETTING a "Driaee is only one oi a thou- tau oi a century. Accounts of Banks, Merchants, Corporations and Individuals Invited. OFFICERS. OSCAR FENLEY, President.

H. D. OKMSBY, Cashier. J. II.

ATHERTOX, Vice President D. W. GRAY, Assistant Cashier. T. J.

WOOD, Assistant Cashier. DIRECTORS. sand social uses of the Telephone, and Telephone Service promotes sociability and good fellowship because it brings neighbors closer together. Your friends all live within talking distance. It is the same with your out-of-town friends the universal service of the Bell system makes them your neighbors, too.

Your voice can reach all by means of the Bell Long Distance Service. OSCAR FENTjEY, President. JOHN II. ATHERTON, i Vice President. HENRY W.

BARRET. AL.EX P. HUMPHREY, Of Humphrey, Davie Humphrey, Attorneys. HOWARD II. GRIS-WOLD, Prtsidt-nt of John P.

Morton Co. C. C. MENGEL, President Mengel Box Co. Condensed Statement to the "a "a The demand is for RELIABLE and COMPREHENSIVE telephone service.

Cumberland Telephone and Telegraph Company i ationat Hani: ox (Jommerce OF LOUISVILLE, KY. At the Close of Business November 16, 1909. A Principal Bank for a Growing City AT THE CORNER OF THIRD AND MAIN 'STREETS. HAS ONE MILLION OF ITS OWN CAPITAL INVESTED IN GOLD BONDS ON HAND. TO GUARANTEE YOUR DEPOSITS.

SIX MONTHS' CERTIFICATES ISSUED, BEARING THREE PER CENT. PER ANNUM INTEREST. RESOURCES. Time and Demand Loans. 2, V.

S. Government Bonds. Otii-T Homls 526,342 CO 50.000 00 393.1S9 6i 291,693 60 516,269 03 2,500 00 from Banks EN. V. Exchange and Re- sc-rve Agents 1,6 per cent.

Redemption Fund SCash 622.260 IS 4,402.255 05 Total BAHK STATEMENTS. No. 2171. REPORT iOf the Condition of the Third National Bank, at Louisville, (n the State of Kentucky, at the close of business No vember 16, 1909: RESOURCES. and discounts S1.IS0.OW GO secured and unsecured.

(4 SSV. bonds to secure 230.000 CO 3.C00 CO C1.40S 75 3.44S S5 331,612 5 S. IjvT.ds secure U. S. de- to secure V.

S. depos- SPr-fniuiii3 on U. S. bonds p. securities, etc 8Bnk.i:is: furniture anl fixt Fiht-r rxil estate owned ui: from bjnks (no: reserve agents) 5130.7CO S2 from Sraie 1 ri a banks a nd hankers, trust com- ures inl3 and savings banks from approved re- axeum 222,150 S3 C.4-S7 S3 30,242 4S 1S.MO CO K3 03 iClictks and other cash ems.

for clear- in 'iote-s of other nation al bariks gfTYactlonal unper cur rency, nicKeis ana Lnvfui money reserve in bank, IKE G.H 5a Bttr-I-tc-rnior notes 22.000 CO 740,726 23 11.030 00 3.e.fn:pti(jn fujid with ri. Treas urer per cent, ot circulation; Tota! $2,615,130 09 L.IA.E1I.ITIES. Capital s-iack paid la Surplus fund 45,000 CO profits, less expenses and tasea cil- 11, OSS 3S Sbsruional hank notes 239,000 00 to national (links 49 iDuv to State and pri vate banks and luLnkers 233.C23 4 to trust comn-x tups and savings bunks 7.97S 42 Du'j to approved re gents 4.4($S gDlvi.lends unpaid 00 ipl suoieei ro check oW.oIu nvatt ati.wt. i2'itis borrowed, 39.000 CO Total S2.615.1S9 00 of Kentucky. County oZ Jefferson, I.

G. S. Bridges. Cashier of the above-named gnv-nt Is true to tiie best of my knowledge and Sbfik-f. s.

BRIDGES. Cashier. Subscribed and sworn to before me this 18th DEMANDS BENCH OF MAGISTRATE Louis Gilbert Contests H. D. Eobb's Election.

Makes Charges of Fraud and of Conspiraoy. Details Many Grievances In His Petition. FIGHT THIRD DISTRICT. Fraud and conspiracy are charged against Henry D. Robb, elected as Magistrate in the Third Magisterial District, and the members of the Democratic County Campaign Committee, in a suit filed yesterday afternoon against the Magistrate by Louis H.

Gilbert, defeated Republican He asks that the defendant be compelled to sur render his certificate of election and that he (Gilbert) declared elected- The official count shows Robb elected by the returns of 1,025 for him against S23 for Gilbert, a plurality for Robb of 202. According to the allegations of Gilbert's petition, his plurality should have ranged from 16 to 64. Mr. Gilbert doesn't overlook many chances and a summary of his griev ances may be given as follows: Charges Mr. Gilbert Makes.

He charges that the Campaign Com mittee conspired with various Demo crat! 1 precinct workers to bring about his defeat he says that the number of votes cast does not agree with the number of votes counted; that many votes were cast for him that were overlooked; that many were marked rejected that should have been counted for him; that fifty-seven voters were brought from outside territory and voted for Robb, fourteen were under twentv-one vears of age who voted and five ex-convicts were voted who had not been restored to citlzen- hio. Fortv-seven men were voted, he charges, who had not been in their pre cincts long1 enough to entitle tnem to vote. -He al5o alleges that the fifty-foot-lirait law was ignored and that by the use of whisky and money ninety- five entitled to vote and who would have voted for him were induced to absent themselves from the polls. Further than that, in the West Highland Bark Precinct the returns gave Stephen A. Gleason, a candidate in the First Magisterial District, 45, which the plaintiff says should have been counted for him and not for the man they were given to, and who was not even a candidate in his district.

The members of the Campaign Com- i mittee as the nlalntiff lists them are: Henry D. Robb, William Ising, Noah Larkins, Bud Hart, Fred Keller, Frank Ulricn, Henry isner, u. Applegate, Jacob, Smeyser, Squire" Miles and Rlggs. Mr. Gilbert's Detailed Complaint.

The detailed complaints of Mr. Gil bert set forth in The petition, filed by Matt J. Holt, in the eight precincts of the Third Magisterial District, are sum marlzed as follows: Spring Garden Precinct Pour hundred and seven ballots counted as valid; one marked rejected and one marked spoiled; stub book shows but 408 used. Returns for County Superintendent showM16 ballots counted, nine more than cast. Rejected ballot should have been counted for plaintiff.

Persona outside polling place heard officers call 280 for Gilbert, whereas returns were 240. H. H. Kleier botfght votes all day for Robb. Robbs Precinct Fifty -foot line limit not observed; money was used by Fred Keller, Frank Ulrich and others to keep voters from voting for plaintiff and at least twenty were so influenced.

Fifteen illegal voters cast ballots. Returns were Robb. 101: Gilbert. 75. Cross Roads Precinct Returns showed Robb 136, Gilbert 32; none rejected, questioned or spoiled; 176 used, yet no joint count oi over lrO was snown; vote announced after countlnr save Robb ma jority of 76.

Money and whisky used In defendant's Interest; twenty persona voted thus against pia.ntin:; 18 illegal voters cast ballots; vote not returned as cast. Allison Precinct Returns gave Robb 123, Gilbert 94; 237 u3; spoiled and rejected, of which two should have been counted; no attempt to observe ftftyfoot line; twenty-five illegal voters cast ballots: monev and whisfcv influenced ten voters against plaintiff; vote not returned as cast. Pretty Bad In Oakdal Precinct. Oakdale Precinct No return made with stub book by officers of election; certifi cate given a Democratic election officer or worker in presence of Mr. Forcht, was placed with stubs and rejected ballots before commission got to" count; ballot book stubs mutilated officer stopped at "blank" house before reaching courthouse and opened box.

Substituted certin-cate showed 345-ballots used; 327 counted valid; 12 rejected; six ballots spoiled; County Superintendent's race polled 3H5 votes only. Not exceeding that number in box, 18 returned unused or rejected and IS never went Into box; eight or more of rejected ballots, if counted, should be counted for plaintiff; forty-flve illegal voters cast ballots; money and whisky user. East Highland Park Precinct Returns showed Robb 167. Gilbert 191. Twenty-five Illegal voters cast ballots; vote not returned as cast.

West Hichland Park Precinct Returns showed Robb 37. Stephen D. Gleason (candidate In First district), 45. No votes were certified for plaintiff. Mr.

Forcht, present when returns were counted, refused to substitute certificate offered by four officers, substituting plaintiff for Gleason; five illegal voters cast ballots. Woods Precinct More ballots found In box on count than stubs showed had been used; 21S counted, one rejected; returns gave Ro'bb 124, Gilbert 90; two rejected ballots should have been counted for plaintiff; fifty-foot limit not observed; money and whisky were used against plaintiff and influenced 25 voters; thirty illegal voters cast ballots. Mr. Forcht's Statement. Fred Forcht, said last night that he did not act as commissioner alone when the count of the vote In the race was made, but tnat nis action was agreed to by Lewis Humphrey, one of the Republican members oi the commis sion.

Mr. Forcht said on day the count was made that Commissioner Cross was ill and Commissioner Hum- nhrev attended the wedding of Howard Lee. He said the count did not the work that had oeen done was satisfactory to Commissioner Humphrey his return. TRAIN ROBBERS GIVEN LIFE TERMS IN PRISON. Omaha, Nov.

18. Judge T. C. Munger in the United States District Court this afternoon overruled thevmo-tion for a rehearing on the part of the five men convicted of holding up the TTninn Pacific "Overland Limited" train here May 22 last, and robbing the mail car ana sentenccu encn ol uireiu tu lue imprisonment in the Federal prison at Fort Leavenworth. The men are William Mathews, B.

W. Woods, Fred'Tor-gensen, Frank Grigware and Lawrence J. Golden. Notice was given of an appeal to the Circuit Court of Appeals, a his An TAX LEVY VOID. So Assert the Taxpayers In School District No.

36. WA2JTSHEEIET ENJOINED KEtOM COIiDECTrtre- BEVENtTE. DETAILED JUDGMENT ENTERED 12 CASTEB' CASE. IN THE COURTS YESTERDAY. Three taxpayers of county echool district No.

36 are plaintiffs in a suit filed yesterday afternoon In n-hich an injunction Is asked against the Sheriff, George T. Cross, to prevent him from collecting an 8-cent district shnni lpirv And eeeking to have the levy declerfed void. vaa upunty Board of Education and Mrs. Rosa A. Stonestreet, County Superintendent of Schools, also are named as defendants.

The facts in the suit in hrief are as follows: In Octoher of 1907 a special levy of 8 cents on the $100 valuation ivas vnteS toy tlhe taxpayers In district No. 36 to extend the term of the school in that district. This levy was to run for three years. This tax was collected for 1907 and 1908, and, as a matter of fact, some of the. taxpayers already have paid it in for this year.

Meantime, however, the new school law -has gone Into effect and, acting under it, the Fiscal Court has assessed a tax of 20 cents for all property outside of the city. In the passing of the new law, the plaintiffs assert, the statutes under which their rax was levied have been repealed and the levy is void. In spite of this the defendants have assessed and are demanding the tax represented by the 8-cent levy of 1007. This is alleged to he illegal and processes of the court are asked to interfere. The plaintiffs in the case, all of whom are property owners along the Preston-street road, are Lorena S.

Bailey, W. O. Bailey ana the Prestonia Realty Company. Their assessment on the S-cent levy would yield $108, tout many other taxpayers are interested. An interesting feature in connection with the suit Is that service on the Sheriff, under the law, must he had through the Coroner.

Judgment In Carter Case. Judgment which meets with the ap proval of the trustee and along the lines directed in the opinion handed down by Judge Shackelford Miiler last Saturday, was entered yesterday afternoon by him In the case of Peyton N. Clarke and the Commonwealth against the United States Fidelity and Guaranty Company and Lattimore D. Carter. The meat of this Judgment is that Mr.

Clarke, as trustee of the estate of George L. Douglass, under his will, shall pay over to the surety company the sum of one-fifth of the amount at issue in this action. The suit originally was brought on the bond of Lattimore Carter to recover for his alleged defalcation while he was trustee of the estate. The case was involved and although it appears that the trustee is worsted, he gets all that he contended for. In brief, this Is the second Judgment given in the case by Judge Miller.

The first was last November and was appealed from by hoth sides and remanded. The Court of Appeals directed that the surety of Lattimore Carter should -have back so much of the first Judgment of $73,029.79, paid to Mr. Clarke on December 2, 1908, as was represented by his Sherftfth interest as an heir. In addition the Court of Appeals said that a certain note for $1,900 should have been Included in tha Judgment Tho funds were all in Mr. Clarke's posses sion, invested at tho order of the court in securities, and interest had to he ac counted for In all cases.

The case is not closed for the reason that wfaen the estate is wound up the exact ligures may recmire altering of the judgment, which may be corrected later on. Leaving the interest asifle, aitnougn it has to be figured on the $73,029.79 from December 2, 1908, and on the $1,900 from July 5, 1907, the Judgment was arrived at In this way: One-fifth of the first judgment, minus four-fifths of the $1,900, go to the surety company, while the remainder is kept Dy tne trustees. Heretofore the S1.900 never had been accounted for and was chargJ ed against tho surety. Since Mr. Clarke has had the amount represented by the Judgment 4n his hands and invested by the court's order in securities, he is directed to sell only enough of these securities to meet the require ments of this second and revised judg ment.

Criminal Court Sentences. W. Allen Kinney. Special Judge of the Criminal Court In' the absence of Judge Pryor. -pronounced sentence on nve ae fendants for minor offenses yesterday morning.

In all of these cases the court passed on the law ana tne tacts involv ed. The case or- KODert ti. Anaerson was of some interest. He was found guilty of grand larceny the first of the week and sentenced to a year in prison. He was charged with having stolen a bicycle with an asserted value or $zu.

Motion for a new trial was granted in his case and sentence against him fixed at six months In jail. The wheel was a second-hand one and Anderson was said not to have realized competely the nature of the offense. In the judgment of the court the sentence of one year was too severe. "Walter Buman, of 256 East Green street, was fined $15 for permitting a game of cards on his premises, ana the same fine was entered against Robert Frlerson, charged with setting up and operating a game of cards. The offense dates from last July.

Tom DeWitt got three months in jail on a charg-e of housebreaking. George Lee, on a charge of malicious shooting, was fined $50. The only other case disposed of was that of James S. IXillon, aged 70 years, who was adiudeed to be of unsound mind and committed to the asylum at Lake land. He was not in court.

Report of the Grand Jury. The errand lury yesterday returned the following indictments and adjourned until to-day: Knowingly Receiving Stolen Proper ty Joe better. Detaining a Woman Frank Manly. Grand Larceny James Gehring. Petit Larceny Henry Smith.

The following charges against those named were dismissed: Harry Ireland, charged, with malici ous cutting. William Broyles, cnargea wun House breaking. Stella Walker, charged with keeping a disorderly house. Isaac lewis, cnargea wun assault and battery. George Schroufe and B.

Romiser, nharcred with vending lottery tickets. Cuon Newman, charged with malici ous striking. Mary Lumas, charged with petit lar ceny. Insurance Company X-oses Suit. In the case of Warden against the Kentucky Inter-Southern Life In- enranra Horn nan v.

a1 suit fort 31250. air leged due as salary while he served the company as controller andi-assist-ant secretary in the months of July, 1906, to April, 1907, jury in Judge O'Bonerty's court fou'nd the plaintiff yesterday. For this! taoric the plaintiff said he was to be '-paid at the rate of $125 a month. He admitted a credit of $100 be had received in that time and pleaded that he entered Into a contract to work for the company at the rate named as long as he was in the LIABILITIES. capital stock 1,645.000 00 Surplus 1,000,000 00 Undivided Profits 291,853 38 Fund to I-ay Taxes 20.940 16 National Bank Notes 1.580,000 00 Deposits 6,903,993 S4 Total $10,531,787 38 National Bank in 1900.

transacted business for three-quarters JOHN STITES, Chairman Board Directors Fidelity Trust Co. S. ZORN, Of S. Zorn and President Louisville Water Co. GEORGE J.

LONG. Vice President U. S. Cast Iron Pipe Foundry Co. JOHN W.

BABR, President Fidelity Trust Co. ALDEN R. HITE. Comptroller of the Currency of the in ifv LIABILITIES. Capital Stock Surplus Undivided Profits Circulation Deposits 800.000 00 300,000 00 54.462 15 50,000 00 3,197,792 90 Total 4.402,255 Pi SAM'L CASSEDAY, President.

BANK STATEKEENTS. No. 109. REPORT Of the Condition of the First National Bank of Louisville, at Loufsviite, in the State of Kentucky, at the close of business November 15, 1909: Loans and discounts $1,550,137 2 Overdrafts, secured and unsecured. 1-23? 54 U.

S. bojids to secure 00 U. S. bonds to secure U. S.

deposits 152,000 00 Premiums on U. S. bands 03 Bonds, securities, etc 64 Banking house, furniture and fix- ture3 eS Other real estate owned 4G.3SO CO Due from national banks (not reserve agents) 41 Due from State and private banks aJid bankers, tm3t companies and savings banks Gfl.Oee G2 Due from approved reserve agents 273,770 04 Exchanges for clearing-house 3.si" 29 Notes of other national banks 5,000 00 Fractional paper cur- rencv, nicKeis anu cents 573 90 Lawful money reserve In bank, Specie 177,603 50 Lesal-tender notes OO.OCO CO 1,007,990 18 Kedemption fund with U. S. Treas- urer (5 per cent, of 25,000 00 Total $3,641,104 id LIABILITIES.

Capital stock paid in $500,000 00 Surplus fund 200,000 CO Undivided profits, less expenses and taxes 00 National bank notes 600.00J 00 Due to other national banks $519,149 42 Due to State and private banks and bankers 90.S71 Gl Due to trust companies and savings banks 331,310 27 Individual deposits subject to check 1,227,014 25 Time certificates of dCDCSlt Cashier's checks outstanding' United States deposits Deposits of TJ. S. disbursing 5,022 SI 147. 0S4 45 3.S5S 23- 2.45S.SS2 20 Total 16 State of Kentucky, County cf Jeffarson, I. Jas.

B. Brown, president of the above-named bank, do solemnly swear that the above statement is true to the best of my knou-ledg-e and belief. J. B. BROWN.

President. Subscribed and sworn to before me this 18th day of November, 19C0. J. W. FLEMING, Notary Public (Sty comotfssion expires at the end of the next session of the Senate.) Correct Attest; L.

-R. ATWOOD. EM15RY I 9WBAB.1NGEN. orxr "TA RSTTALiTj BULLITT. Directors.

ities in the next few weeks, more children's clothing Is needed. Children's dresses, aprons and shoes will be received. The Needle "Work Guild has supplied sufficient underclothing for present needs. The Associated Charities is prepared to send for clothing. Telephone Main 882 or drop a card to 215 East "Walnut street If you have children's clothing for the Associated ari ti es.

ROGERS' ESTATE PAYS $342,000 INHERITANCE TAX. Albany, N. Nov. 18. State' Controller Williams to-day received from the estate of the late H.

H. Rogers in part payment of the collateral inheritance tax agulnst the estate. Professor Ends Life On Campus. Champaign, 111., Nov. 18.

The body of Prof. Wilfred C. Wheeler, of the TJniverisity of Illinois, was xouna on the campus of the institution tnis morning. A smau Dome was luuuu near by, establishing- a tneory oi sui cide. Wheeler is tnougnu to nave mixta potion himself, as he was a member of the staff of the chemistry department.

He was 6X1 years ol age mm mar ried. He came to the university rrom Lawrence, nts nome. most reuuuy iwoimu-uio Endorsed by the Battle Creek Sanitarium on In Our Up-to-Date HOUSEFURNISHING DEPARTMENT Roasters. 65c up Food Choppers 85c up Chafing Dishes $3.00 up Bafcin, Dishes $1.25 up Pudding Molds 65c up Cake Pans 25c up Pastry Bags 25c up Pie Pans 5c up Mayonnaise up Cake Mixers $1.75 up Jell- Molds. 10c up Cake Cutters, assorted figures 5c up Serving Trays.

$1.00 up Oyster Forks, set of six $1.00 up Grape Fruit and 1 Set of Six Orange Spoons. $1.75 up Carving Sets $2.00 up Poultry Shears $1.50 up Rogers Bros. Best Silver Plated Table and Teaspoons, Knives and Forks. FIRST FLOOR China and Glassware Dept. Our Special Heavy Cut Glass Table Tumbler $4.50 per doz.

Cut Glass Water Pitchers $4.00 up Special "Libbey" Cut Glass Salad Bowls $4.00, $5.00 and $6.00. Cut Glass Celery Trays $3.00 up Special "French China" Dinner Sets $22.00 up See our line of Beautiful China Salad Plates, Fruit Plates, Salad Bowls and lots of other nice things for the table. Our stock of Fine China and Glass is the most choice in the city, and is worthy of an inspection before you purchase elsewhere. JJOLFINGERSC0 460 Fourth ve. The Society Drama.

ACT The girl declines, in best of voice, To wed the duke, her father's choice. Throughout a stormy act she slams In seven growns, nine epljrrams. ACT H. His lordship's villa by the Bea. Iiivitea guests are taking" tea "With which are served some real jams, Some macaroons, some epigrams.

A CT III. A ballroom scene. A diamond rough Back from the mines with lots of stuff. His honest hands are large as hams; He's very crude at epigrams. ACT rv.

Same as Act H. "We hear if "said The girl the diamond rough has wed. The duke emits some feeble "damns." The play winds up with epigrams. The Dear GirL "They say the way to a man's heart is through his stomach." "What of It?" "I'm making some fudge for Perdy." The Bard's Reward. Seems this poor poet starved to death." "Yet his works had merit." "Undoubtedly.

I wouldn't wonder If 100 years hence they gave him a centenary." Heroes of History. A Roland for an Oliver, A Xerxes for a Cyrus; And getting down to late renown, A Honus for a Tyrus. Domestic Harmony. What is this price of peace they talk so much about? "Just now it is a set of furs." The Invalid. 'You know that ballplayer who had glass arm, a tin ankle, a weak knee anfk lame tooth: the one who only played four games during the season?" "Yes; what about him?" "He going to work In a stoneyard through the whiter.

i Brain Hood. 'Why do you eat nothing but fish, old chappie? Inquired the freshmah. "I'm in training," explained the sopho more. "Tn-ing to malpy the debating team." SUFFERS SCALP WOUND IN PECULIAR ACCIDENT. Saw Under Carpenter's Arm Catches Street Car, Iraggmg Man On Pavement.

When William Huber, 52 years of age, carpenter, stepped off a southbound Eighteen th-street car at Eighteenth street and Garland avenue, at 6 o'clock last nlg-ht, a saw which he carried under his arm caught on tho rear of, the car. As the conveyance started to move Huher was thrown to the pavement. He was picked up unconscious by Patrolmen Morgan and Gniber, of the Seventh district. who were standing on the corner Tho patrol wasrori was called from the police station and Huber was removed to home at 1712 South Eighth street. examination showed that he had sustained a serious scalp wound, which the attending physician said might result seriously on account cf the man's age.

Children Cry FOR FLETCHER'S CASTORiA 1 ij ON THE FUNNYBONE. HHKM.HHW"::::X"X Will of Charlie Hercer. In tho will of Charlie Mercer, probated yesterday by Judge Arthur Peter, of the County Court, the testator directed that $800 should go to his brother, Clarence Mercer. Out of this money the brother is to pav the debts of the tes tator, pay $213.30 for a lot in Cave HiUJ ucinei-ery ana give ine remainuer ot tne money to Mrs. Lilly Williams for her care of the testator and her kindness to him.

The court required bond of $1,600, which was given. Court Paragraphs. Mary A. Thome sued G. Mohr for $164, alleged due on a note.

Jennie D. Stratton sued Dr. T. C. Evans for $400, alleged due in a real estate transaction.

L. G. Hicks Co. sued S. J.

Sllgh Co. for and $201.60, alleged due under contracts. Robert A. Moore sued Minnie Moore for divorce, alleging five years separa tion. They were married in OctoDer, 1S98.

Mrs. Rose Howard sued J. P. Thornbury for $274.94. alleged due under a contract for the building of a house.

Mrs. Grace Gossom sued John H. Oeltjen for $50 as damages for the alleged wrongful detention of a pfano he-longing to her. Emsry Snyder sued the Louisville Railway Company for $5,000. as dam aged for alleged injuries suffered when street car struck his wagon.

Mrs. A. C. Breckinridge sued Charles Burwinkle for $5,000 as damages for alleged injuries she received while a tenant of the defendant. Suit to recover $773, alleged to be the balance due for the Installation or store fixtures, was filed yesterday by R.

Mansfield Son against J. H. Brown. Labram Smith sued the Frank Fehr Brewing Comnanv for $2,080. as dam ages for alleged Injuries suffered when he -was run down by a wagon or tne defendant.

Refrina F. Schaefer sued William H. Schaefer for divorce, alleging abandonment, and asking for alimony. The date of the marriage is not given and aban donment Is said to have occurred In April, 1907. Mayme Limper sued Jacob Limper for divorce, alleging abandonment, and asking for the restoration of her maiden name of Mayme Savage.

The two were marned on March lyuo, ana lived together until July 18, 1908. Charles L. Keller sued the Monon-gahela River Consolidated Coal and Coke Company and James Beasel for $2,000 as damages, alleging that he was assaulted by tne second namea attendant, acting as captain of a boat of the first named defendant. Court of Appeals, Frankfort, Nov. IS, Kentucky Court of Appeals.

Present, Eastern division sitting: Maddox, vs. Maadox, Ohio; reversed. Crawford vs. L. and N.

R. Clark; affirmed. ieims trustee vs. vy Fayette; reversed. Trosper vs.

Jemco, is-nox; arxirm- ed. Kidd vs. Beil, Wayne; aSirmed. Smith, vs. Agnew, Henderson; af firmed.

The Reliance Textile and Dye Works Co. vs. Williams, Kenton, reversed. May, vs. Furguson, Muhlenberg; reversed.

Ray vs. Commonwealth, Logan; State tax remitted. Greene vs. Leet Rowan; w. B.

O'Connell warning order attorney allowed $100. Hite vs. Hite. Jefferson; appellant filed motion and allowed to withdraw brief and ten days to file printed brief. Clark, vs.

Logan county, Logan; order of continuance set aside. Parties allowed until January term to brief. Cincinnati Abbatoir Co. vs. Stollers, Kenton; agreement filed.

Immediate issual of mandate ordered. Fidelity Casualty vs. CooDer. etc Knox: agreement filed, appellee given un. in januuiy iziu, uu me uriet.

Klcme vs. uwsiey. inox: anneliPA Montgomery, Offutt. Rontt- on Sullivan, vs. Hardin; appellee filed brief with notice.

oumvan, vs. ouiuvan, iiardln; ap- ijciica incu uuiiwc a.nu ol auperseu- eas bond and supersedeas and moved to aismiss appeal granted oy lower court; appellant objects and files affidavit of B. Bunnel on objections, motion submit ted, N. O. and T.

P. Ry. vs. Zaz- hary's administrator, Jessamine; argued oy ioot. xiaramg ior appellee, jv.

Bronough for appellant and submitted. Court adjourned until to-momv morninir of 11 Court of Appeals Decisions. Phillips vs. Hundley, et al. Filed No vember 4, iyu.

(To oe reported.) Ap. peal from Marion Circuit Court. Opinion of the court by Judge Carroll, affirming. Decedent Estates -Appointment of Administrator Appeals. In the matter of appointment of an administrator an appeal from the order must be prosecuted wiinin sixty aays.

une order complained of was a final order, and if appellant desired to have It reviewed by the Circuit Court she should have perfected her appeal within sixty days after It was made. wane tne oraer. comniameu oi was pr. roneoua It was not void, and not being void the only way to correct it was by an appeal to the Circuit. Court within siirtv days from the date of the order making uio uppuiiiwnonx.

H. P. Cooner. Lindev frtr n.n. pellant; W.

W. Spalding, W. C. McChord, Cincinnati, New Orleans and Texas Pa-cLfic Railway Company vs. Lowry.

Filed November 3, 1300. (Not to be reported.) Aoeal from Jessamine Circuit fiourt. Opinion of tiie court by William Rogers Clav. Commissioner. Railroads Killinc- of Stock Con tradir tion of Fireman and Engineer Submission of Question of NeErlicenrR tn Jnrv.

In this action the fireman and encinAr being contracted by one witness with reference to tire killing of appellee's stock, and the circumstances of the kill ing being somewhat in conflict with their statements, the rule laid down in Kentucky Central Railroad Company vs. Talbot. 78 Kentuckv. 621. does not a-onlv.

and the question of negligence was properly BuoniiLieu trae jury. W. L. Bronaugh, John Galvln for appellant; Everett B. Hoover, L.

H. Miller for appeuee. Goff vs. Hurst. Filed November 5 19fW (To be reported.) Appeal from Breathitt leafness USE at alt DraBrelsti.

or sent nmmiii i. Keith, OJettand, Ohio is of as an to of W. in Col. ing from men their not for "cheap" telephone service, but (Incorporated) with a Standard of Established Strength. iEATHS.

ADAIR Mrs. Margaret E. Adair, widow of the late Samuel L. Adair, formerly of Louisville, November 17 at 7 a. m.

Faneral Friday at 1 p. m. from residence of her daughter, Mrs. Annie Wal-drop, Pine Woods, Clark county, on the Indianapolis and Louisville electric road. Burial at Cave Hill.

BUSH Boyd W. Bush, 22 years of age, In the apartments of his mother, Mrs. J. T. Clark, Welssinger-Gaulbert Annex, at 10:20 p.

November IS, W0S. Funeral from apartments of Mrs. J. T. Clark, Wefssinger-Gaulbert Annex, Saturday afternoon at 2:30 o'clock.

Interment in Cave Hill cemetery. DALO November IS at .3:30 p. Filo-mena Dalo, beloved wife of Michael Dalo. Funeral from residence, 179 Pope street, Saturday morning, November 20, at 8:30 o'clock, and from St. Aloysius' church at 9 o'clock.

Interment at St. Louis cemetery. LEITSCH Entered into rest Thursday, November 18, 1909, at 1 Egid Leitsch, aged 70 years 6 months and 23 days. Funeral Saturday morning at 8:30 o'clock from residence of his daughter, Mrs. Warren Elweii, 1511 West Broadway, and from St.

Peter's church, on So uthgate street, at 9 o'clock. Interment at St. Michael's cemetery. MISCELLANEOUS. Notice To the Taxpayers.

All taxpayers of the city oi Louisville are hereby notified that the Board of Equalization of the City Assessment has uiganizea anu win nuiu uuny itssiuns the office of the City Assessor between, the. hours of 10 a. 12 rh. from November 15 to so. 1909.

both inclusive, for the purpose of hearing and determining the complaints of any one who thinks that his land, improvement or personal property or any In which he may have an Interest (though it be not assessed In his name) have been assessed beyond their value for city taxes in the assessment made by the City Assessor thereof as of the 1st day of September, 1909. GEO. W. HINESLET. President.

B. H. BERNARD, Member. GEO. E.

SPURRIER. Secretary. CHAS. E. WRIGHT, Clerk.

The modern wall finish wasbable makes a dull flat velvety finish. Superior to kalao-mine or watt paper. Hygieclc zd doable. Especially adapted to hotels, schools, churches, theaters, offices and all public build ins. Also for bath rooms, kitchens, halls, bedrooms, etc.

Try oae room. PEASLEEGAULBER7 CO. INCORPORATED AENliUCKy straight Creek Coal and Cok3 Co. (Incorporated.) detail Yards: 9th and Zans. I.

A. SHAFER, Mgr. police callers yesterday morning that the district station houses will be informed in due time on what day Col. Lindsey win receive his men. Grasshoppers Drowned Out.

Wst Point, Ky Nov. 18. (Special.) The long drouth here has been broken hy a heavy rain and the young which was being seriously in jured by grasshoppers, is now out of danger. A drop of temperature making seasonable weather has followed the rain and will prevent early fruit tr from budding. CARPH I ASK US TP TELL glj Straight Creek Furnace Kg 11 S3.75; Nut, $3.60 a ton 1ar ji stoves and grates.

Both Circuit Court. Opinion of the court by Judge Hobson, reversing. Timber Sale Of Broker Commissions Rule As To. The rule is tiiat to De entitled to a commission a broker must be an efficient agent in, or the procuring cause of the contract. He must be the Tii-Imflrv nrrvf nrinp- rails, or the COntrOll ing cause.

In this action for commissions for the sale of land the do not Dnng it within the rule above stated, and there should have been a peremptory instruction to find for the defendant. v. fftfiM. W. w.

McGuIre. O. H. Pollard for appellant; J. J.

C. Bach for appellee. Commonwealth of Kentucky on Relation of Auditor's Agent vs. Louisville Gas Company led November 5, 1900. (To be reported.) Appeal from Jefferson Circuit Court, Second Chancery division.

Opinion of the court by Judgo O'Rear, affirming. Taxation Action by Auditor's Agent Franchise Taxes Stockholders. This is a proceeding to assess as omitted property certain stock In another corporation owned by appellee, but it appears that the corporation has assessed and paid Its franchise tax, and, this being true, the shareholdera are not assessable. Therefore, appellee was not required to pay upon so much of Its intangible prop-ayt-T -a-aa tov these shares of stock which are owned by another cor poration. W.

j. Holt for aippeJlants; Humphrey, Davie Humphrey for appellee. AtiHnenn Atv. vs. Has-er.

administrator. Filed October 26, 1909. (Not to be report ed.) Appeal rrom Aiagomn tireuu Opinion of the court by Chief Justice Nunn, affirming. Purchaser of Land with Covenant ot TVarmntv Tn Possession and Not Having Been Evicted Cannot Resist Payment of pmiioco TvfmiAv Tnsnlvencv. or Nonresl- dency of Vendor.

A purchaser who has received a conveyance with covenant of warranty, has been put in possession and not evicted, cannot resist tho payment of purchase money on the ground that the title is defective unless the vendor insolvent or a nonresident of this State, or unless actual fraud has been practiced by the vendor. Where none of these conditions obtain the vendee must look to the warranty contained in the deed. D. D. Sublett for appellants; H.

V. Mc-Chesney for appellees. Burge, vs. Chestnut, etc. Filed October 26, 1909.

(Not to be reported.) Appeal from Warren Circuit Court. Opinion the court by WHliam Rogers Clay, Commissioner, affirming- TsnnfR in Common Sale of Interest Cannot Have Artificial Division Made with Himself Alone. Where one of two tenants in common has purchased the Interest of the other tenant and given notesfor the purchase money, he cannot, against the holder of the note, have artificial division of the property made with himself alone. In this action the court had the right determine the matter from the pleadings, and he did not violate Section 694 the code in ordering the sale. Wright A- MnRlrov for appellants: Thos.

Thomas, Nat A. Porter for appellees. GEN. JOHN B. CASTLEMAN HEADS THE PARK BOARD.

Elected President At a Meeting That Body Held Yesterday At Noon. of Organization of the Board of Park Commissioners was effected at a meeting of that body yesterday in the offices of the Columbia Building. Mayor William O. Head, ex-offlclo, a member, was present, and took a keen interest the proceedings. General John B.

Castleman was made president of the board and Charles D. Gates was elected vice president. The meeting, according to the official call, was ordered for the especlU purpose to reorganize and take in t3ie new men elected Park Commissioners at the last election. This was the only business transacted and the board ad journed at the of half an hour or so. The Board of ParK commissioners is now composed of the following men: Gen.

John B. Castleman, Louts fS Bel-bach, Dan F. Murphy and Charles D. Gates. Those who retired yesterday are: Morris B.

Belknap, former president; Thomas W. Bullitt and W. O. Bonnie. ALL CITY ORDINANCES MUST BE ENFORCED.

H. Watson Idndsey Gives Verbal Orders To His Snbordinate Officers. Pnl Wntsnn Lindsev. Chief of Police. In a talk with hist subordinate, officers gave orders to ail policemen nav to do with the complete enforce' ment of the city ordinances.

In accordance with tne announce ments made by Mayor Head that there would be no discrimination between ordinances, so far as enforcament is com- cerned, the ordinances covering the' operation of the saloons will receiveldue attention. Up to the present time "Col. Lindsey has not had time to issue any written gener orders to-the police, but time to "time, as conditions warrant it, he will address himself to his on the subject of their duties. Many policemen have called to pay reapctu to tho new cniet. Mag.

Patrick Ridge, night ooief, informed the of November, 1IW0. Y. E. SUjErttrvN'X, Notary Public. I My commission expires at the end of the "next rrular sesrlon of Senate.) Correct Attest: I K.

E. HUGHES. V. X. COX.

A. S. BICE, Directors. ASSOCIATED CHARITIES DOING A GOOD WORK. 1 1Ooking- Out For Poor Children Who kjl Are In tfesd of More Clothing.

(Communicated.) "Is this where you sell things for nothing?" asked a little girl at the door -E-j of the Associated Charities recently. '-4 The Associated Charities is not sell-ling- ttrings for nothing; but Is flndingr a amount of work to do. These dsivs hvp rcvpnif.fi thf fact that manv nlrwtVmrl Qhric i VHUlllLU ill (j ut, -J Qiiired for numbers of children. Ciotn-in? ic rmt fiirnisbftrt unless the family is found to be entirely unable to supply it for themselves. a inint wr.r,tinp was hpld vesterday with the truant officers of the city and thev were instructed to refer an cases to the Associated Charities In which they found children inadequately clothed and where it seemed to them that the parents were not able to sup ply in tn mpdt all the demands will come lo the Associate i Char.

Here is a Delightful YOU have tried the rat. last try oarpackaireottlicjiew. temptu I rice-'oocl. So much 4rfto-lban tha bat ol other breakfast foou tbat'you wIJJ adopt it for all time when you and yours navo once learned its delicious, different flavor. Chanso to-day to 9 crisp, nppetizinsr, satis fs-inff the latest product of the srreat food laboratories affiliated with Urn famous Battle Creek Sanitarium.

Choicest rice firains rolled inio transparent films and toasted just right to brinff out their delicate. nut-Iiko flavor. Rice is the world strreatest food the most dfeestible and nourishing of all cereals 1 oasted Kice i-lanes oner it in us Another New Food Toasted Rice Biscuit a delicious rico toast. Serve It alone, or with cream or fruit. Children thrive on Toasted Rice Biscuit.

Asfc your grocer for Kellogg's Toasted Rice Foods. Large packages. 10c The Kellosg Toasted Rico Flako Sc. Biscuit Cov Battle Creek, Mich. Huv Ond Trv Jtociaxe To-day vniy Lents.