The Courier-Journal from Louisville, Kentucky • Page 10

THE COUKIER-JOUBNAL, LOUISVILLE, FRIDAY MORNING, FEBRUABY 24. 1905. 10 -SST i PftNFFWBQ or8og r'sjorsj si. MXM. i kMiiiniiRi.Sl? -g To Fine of 100 For Crim- Prompt jjgpPW yiiBiPP Wpll Vg fW' inal Libel.

Attention. e-Ais-MnRKET street, louisville, 1 Spring Styles "iw I HALLOWELL PLEADS GUILTY Soft and stiff huts. AH the new shapes and colors; copies of the leading styles of the finest hats mad. Special styles shown In no other Splendid Showing of Women's New Suits. It Will Be to Your Interest to See the hew Shirt Waists and Skirts, Advance Showing on Friday and Saturday.

this price. Beat In America. mm made and guaranteed for a year. The New Spring Suits, $15.00. 1 $15 Women's Tailor-made Spring Suits, new blouse Jacket, finished with girdle, belt and peplin, taffeta-llned, trimmings of fancy braid, taffeta and tailor stitching; full-flare Skirt, kilt bottoms; colors blue, brown, gray mixture green and black; material Panama and plain cloths; $15.00.

Shirt-waist Suits, $9.98. Women's Two-toned Taffeta Silk Shirt-waist Suits, shirred yoke effect full front, plaited back, new sleeves, fancy cuffs and collars, full flare skirt, tucked seams, colors blue, brown, green. In two-toned, also plain black, $9.98. Women's Shirt Waists, 98c. Women's 1905 Shirt Waists, different styles to select from in extra sheer-quality India linon, fancy batiste.

zephyr gingham, union linon and madras, all made full fronts, trimmings of Insertion in lace and embroidery, tucks and plaits, new sleeves, fancy collars, 9Sc. Women's Gowns 49c Women's good quality Muslin Gowns, hemstitched and tucked yoke, finished with hemstitched ruffle at neck and sleeves; 49c. Muslin Drawers 25c Women's good quality Muslin Dra-ft-ers, finished with deep umbrella ruffle, with hemstitched tucks and hem, yoke band; 25c. a Big Hurry at Boys' $2 and Made of patent colt, We Are Moving Out Women and Boys Shoes In Women's $2 and $2.50 Slippers 98c. Made of kid and patent colt.

8 styles, plain and beaded, hand-turn soles, taken from our regular $2.00 and $2.50 lines, nearly every size. Specially priced, 98c' Don't miss this sale. Women's Shoes, Worth $2, 98c, An assorted lot of "Women's Kid Shoes, made with patent tips, common-sense, opera and French heals; regular 52.00 values, 98c. A few sizes and vie! kid, broken sizes; as long as they last, $1-48. Louisville Southern Electric Co.

ELECTRICAL ENGINEERS AND CONTRACTORS. All kinds of electrical work, from bell hanging to installing of light and power plants. Sales office for genera! supplies. Cumb. Phone, 685 A Main.

OFFICE-Urban Building, 232 Fourth ave. Life Insurance Company of Georgia, Jefferson; affirmed. Abraham vs. Common weaun or tucky, Greenup; affirmed. Smith vs.

smith, Macuson; amnneo, McKanc vs. Columbia Finance and Trust Company; appellant filed notice and motion to set asme oraer oi dismissal, to which appellee objects, and given five days to respond; appellant tenders an of fer to me oner. noe-GTs vs. consleton. FranKun: appel lant's oetition for rehearing filed in office February 22 noted of record.

Hills a am mis tra tor vs. renn JAtt Insurance Comoany: appellant ten ders and moves to file a certhled copy of the order or warren uircutt court oi Anrll 6. 1SS6. which motion is submitted: appellant flies response to appellee's motion tn strike bill of exceptions from tha record and is given five days' further time to nlo atndavits support oi re sponse. brief.

Asher vs. Kentucky Lumber appel lee filed brief. lesser vs. commonweal Cn a areement filed; case reassigned for argument to March 1. Duoovster vs.

Ft. Jefferson Inm Ballard: notice and motion bv J. A. Jack. hats at $3 hats NOTICE To Sunday Advertisers.

The Courier-Journal Company respectfully urgea advertisers who use the Sunday paper to have their copy In the counting-room night. By complying with this request advertisers will be certain to secure Insertion in all editions, and can also make alterations In their copy with greater security. zx journal. FEIDAT FBBBUASY 24, 1905 CITY FEATtTBES. The burnlnff of our -warehouse does not prevent prompt delivery of Callahan's "White Plume Flour.

Save your premium tickets; notice -will be given when premiums are ready for delivery. CA T.T.A-HAN SON'S. Thirteenth and Lexington. WELL KNOWN In Louisville, Where He Was Born and Reared. COLEMAN DU PONT'S CAREER.

HIS ENTRANCE INTO POLITICS SOMETHING OF A ST7BPBISE. A SUCCESSFUL BUSINESS MAN. Coleman duPont, whose vote for United State Senator from Delaware is almost dally growing larger in the Delaware Legislature, is well known in Louisville, where he was born and reared, and where he lived until a few rears afro, when he removed to Wil mington. Mr. duPont's entrance into politics was something of a surprise to his Louisville relatives and acquaint ances and they tnai ne nas en-tvie nnlv because he was con.

vinced thet some of the Addicks Republicans would vote for him and weaken the noted boss' chances for the Senate. They believe that Mr. duPont has no strong desire to become a Senator and that were Addicks' defeat accomplished he would return to his private busi ness affairs well satisnea wnn ma experience in politics, m. flrh-f nirainst the Addicks ring; in Delaware has come to be something of familv nffalr with the duPonts. In trt Mrnnn duPont.

his cousin, -Henry duPont, and Mr. Saulsbury, who married one of the Misses duPont, are candidates, and as Coleman duPont continues to draw Addicks' supporters from the boBS the belief Is growing that some other candidate may oe eiecieu. Sisters Live Here. While Coleman duPont no longer lives In Louisville, he still has large, interests here. His sisters, Mrs.

Bannen fnlm.ui and Miss Vara -duPont, live ihr nnrt John noleman. Snaldlng Cole man, Thomas Coleman and other rela tives also live in Louisville. Mr riiiPnnt Is a son of Blddeman duPont and was born in the old family residence In Central 1'aric. tie nveu this city until he removed to Wilmington. He early showed himself a capable business man and was made president of the Central Coal and Iron Com-panv and successfully managed its affairs for many years.

He married one of his cousins. Miss duPont, of Wilmington, Del. Eleven years ago Mr. duPont removed from Louisville and became the active head of the duPont powder mills at Wilmington, and also the president of the duPont DeNemours Iron Company, of Wilmington. His business ability has rapidly brought him to the front in Delaware and he is recognized as one of the leading men In the State.

Though he does not expect to return to Louisville, he continues to serve as president of the Central Coal and Iron Company and to retain an active interest In the mining of coal In this State. 'ROBERT C. STEVEN'S MAY NOT RECOVER. Operated On For Appendicitis and Peritonitis Develops. Ttobert C.

StevenB, well known In business and social circles, was operated on at Norton Infirmary yesterday morning at 3 o'clock for appendicitis, Drs. Dunning Wilson and A. M. Cart-ledge operating. The chances for his recovery do not seem to be of the best, as peritonitis has set in, taxing the strength of the patient to the utmost.

Mr. Stevens, Is vice president of the Stevens-Walter Shoe Company, was taken 111 Wednerday afternoon while In his office, and went to his home at 1617 First street. He became rapidly worse, making an Immediate operation necessary. Mr. Stevens Is twenty-seven years old and unmarried.

CHEAP RATES EAST March 1, 2, 3. flG.25 round trip Washington, D. Via B. and O. S-W.

Limit March S. "Extension of time $1. $10 round trip, 10 days. Washington to NTew York. fn-st dally trains.

R. S. Brown, Fourth and Main. Printing- Company Incorporates. The Western Printing Company filed a charter fixing its capital stock at $15,000.

divided into shares of $100 each. The Indebtedness which may be incurred Is limited to $10,000. The Incorporators and their holdings are: John W. Vreeland, -ninety-five shares; L. B.

Vreelanci, three shares; Philip Moll, tif-tv shares. ty 8 Union DEFENDANTS GIVEN DECISION IN SIGN WAE. FOUR DIVORCES GRANTED. W. C.

Hallowell, alias "Mysterious Red," writer the articles published last August in the Evening Posit and signed by that name, pleaded guilty in the Criminal Court yesterday morning to the charge of criminal libel, and by recommendation of Joseph M. Huffaker, Commonwealth's Attorney, was given only a $100 fine. Hallowell did not pay the money and will have to stay In Jail for fifty days, or at the rate of $2 a day until the fine Is "worked" out. He has Just completed serving his time of ninety days given mm in the roiice Court for the difficulty he had with his wife at Sam Gong's restaurant. On account of reductions for good be havior his actual term of service was only seventy-two days.

The Indictment against Hallowell, on. the charge of libeling Ed Melter In the same series of articles, was dismissed on Mr. nut- faker's request. He stated that he be lieved the one fine was sufficient pun ishment. Hallowell was indicted with R.

W. Knott and the Evening Post Company, who were recently fined $500 for alleged criminal uoel on J. Sharkey. Wills Are Probtaed. George Blbelhauser, by his will dated May 18, 1S95, and probated yesterday, leaves his property to his widow, Ke glna Blbelhauser.

At her death 'the remainder Is to be divided equally among his three daughters, Mrs. Mary Blbelhauser, Mrs. Elizabeth Raqua and Mrs, Barbara Reichenbacher, and George Blbelhauser, a grandson. A special remainder bequest. of $100 is given Catherine Cavanaugn, a granddaughter.

The widow is named executrix without bond. The will of Henry John KTOell. dated April 19, 1895, and probated yesterday, directs that the widow, Margaretha Kroell, shall have the property during her life. At her death It Is to be di vided eauallv among their three sons Henry, Jacob and Frederick Kroell. The testator explains that he has al-readv Drovlded for his daughter by- deeding her eight acres of ground.

The widow is made executrix without bond. The will of Bernard D. Fries, dated November 14. 1901. and probated yes terday, leaves his property, consisting of a house at 526 Hancock street and contents, to his widow, Mary Fries.

She Is made executrix without bond. Mrs. E. A. Bush, by her will dated January 1, 1883, Hopklnsville, leaves all her property to her husband, A.

G. Bush. No executor la named. Decision In Sign War. A decision was rendered yesterday by Judge Shackelford Miller in the case of Louis Levi against the Louisville Gunning System, in which he up holds the contentions of the defendant.

The controversy grew out of a sign war for the possession of a wall on a house at 929 West Broadway, rented by Levi. Before his lease took effect the Louisville Gunning System had secured permission from M. Helssman, owner of the property, to paint a sign on the wall In question. Payment had been made in advance for this permission. After Levi occupied the property he painted out the Gunning System sign.

The Gunning System then painted out his sign and replaced Its own. Tnis exchange of compliments continued un til the liunnmg system naa uevis painter arrested, and Levi secured a temporal-- Injunction from Judge Kirby to keep the defendant's painters away from the wall. Judge Miller held that the Gunning System license to use the wall was not superseded by the plaintiff's lease. It had been contended that the lessee of the property had complete control of It. Four Decrees of Divorce.

Four decrees of divorce were granted yesterday by Judge Shackelford Miller, as follows: Catherine Ruhl from John Ruhl, from bed and board, on the charge of cruelty. They were married In May, 1875. Plaintiff is allowed $4 a week alimony. Mollfe J. Hoover from Joseph Wil-lard Hoover, cruelty charged.

They were married in 1902.. Albert Green from Mary Green, improper conduct charged. They Were married in 18S7. Pearl Ulmear from John Ulmear, abandonment alleged. They were married June 25, 1900.

The suit for divorce, brought by Eliza Jane Etzkorn from John Etzkorn, In which five years' separation Is the allegation, was dismissed on the ground of Insufficient They were married July 27, 1891. Court Paragraphs. J. M. Jessee sued the LouteviHe Railway Company for $10,000 damages.

While getting on a Portland avenue car he fell and was dragged some distance, being Internally Injured. Bertha Newman sued Oscar Newman for divorce, charging cruelty. They were married In Jeffersbnvllle, August 1, 1901. Ollie E. Dietrich, sued Leonard Dietrich for divorce, alleging cruelty.

William Russell sued Mary H. Russell for divorce, alleging five years' separation August 6, 1902. Joseph Logan sued the Central Consumers' Company for $1,050. He fell through the floor of a room In which he was at work for the defendant and injured himself about the body. L.

R. Figg sued Henry Bickel for $348.80, claimed on an apportionment warrant for construction of a part of Fischer street, between Dandrldge and Struck streets. In the case of AShby A. Stewart against W. Ritcher for $5,000 damages, because of personal Injuries received by plaintiff while In defendant's employ, a verdict for the defendant was rendered in Judge Gordon's court.

Katie Schneider sued Mary B. Reed for $1,312 on claims for services- and a note alleged to have been given plaintiff and lost. Alcy Searcy sued Roscoe Searcy for divorce, alleging cruelty. They were married October 22, 1904. C.

E. Reed, whose property was damaged by a change of street grade at Twenty-eighth and Bank streets, was giver, a verdict for 5160 In Judge O'Doherty's court. Claud Edwards, a thirteen-year-ola colored boy, convicted of malicious shooting, was sent to the School of Reform until twenty-one years of age. Dave Logan, colored, accused of malicious assault, was dismissed on peremptory instructions. Herbert Woods, convicted of house breaking, was sent to the penitentiary for one year.

Walter oWods, charged with stealing overcoats from Julius Winter vas given one year in the penitentiary. County Judge Gregory will be out of the city for the rest of the week. Magistrate Joseph Keyer is acting in his place. Court of Appeals. Frankfort.

Feb. 22. Present, Chief justice Hobson and Judges Nunn, Settle and Pflynter. Vokes vs. Eaton.

Kenton; affirmed. Letzer's administrator vs. Penn Mutual ink MnSdVpiSXr" to. MM a new pSant at our Third and Market. Mail Orders Will Be Filled.

BEQUEATHS Valuable Estate To Wid-ow and Daughters. WILL OF THEOPHILE CONRAD TOTAL raOPERTY BELIEVED TO BE "WOBTH $1,000,000. DAUGHTERS GIVEN REALTY, Theophile Conrad, who died suddenly at his residence several days ago, dls poses of an estate believed to be worth at least $1,000,000 by Ms will, which was admitted -to probate in the County Court yesterday. The instrument, which 1b written In testator's hand writing and consists of but little more than a bare list of his properties, with the names of the recipients opposite them, bears date of June 30, 1904. Mr.

Conrad's real estate Is divided among bis four daughters, each of whom is also given a cash bequest. The widow receives the entire personalty for life, with the remainder at her death to be equally divided among the children. Just what may be the total value of the personalty Js a matter of specula tion at present Under the last county assessment Mr. Conrad gave $3,500 as the value of his total taxable personalty for the year. Shortly after his death the estate was sued by George H.

Alex ander, Revenue Agent, to enforce payment of Ave years' back taxes on an annual valuation of omitted personalty of $500,000. Representatives of the estate do not care to discuss the value of personalty left by Mr. Conrad. Many Big Bequests. To Mrs.

Mina Hegewald, wife of J. C. S. Hegewald, Mr. Conrad bequeathes the Hotel Victoria, at Tenth and Broadway; -two houses on Tenth street; a two-istory house adjacent to the Hotel Conrad flat building at Twelfth andl Broadway; tobacco warenouse mo.

7 of the Louisville Tobacco Warehouse Com. pany, at Eleventh and Main streets, and $20,000 in cash. Mrs. Lucile Mullen, wife of Willis S. Mullen, is given the St.

James apartment house; a warehouse occupied by the Louisville Tobacco Warehouse Company, at Tenth and Main streets, and $30,000 in cash. Mrs. Carrie Roberts, wife of John W. Robertsi Is left the Rossmore flat building, on Fourth avenue, near Broadway, and $20,000 In cash. Mrs.

Emma Dick, wife of L. W. Dick. Is given-the building occupied by the Menne candy factory; a house on Sec ond street, between Oak and Ormsby avenue; a factory building on Market street, below Wenzel; a sixty-foot lot in St. James Court, and $37,000 In cash.

Tha will concludes: "My other possessions In bonds, stocks and moneys go to my wife during her life: after her death to be -divided equally among our children." The handsome Conrad residence in St. James Court has bsen in the name of Mrs. Conrad several years. The will named no executor, and the widow formally waived her right to qualify as administratrix. All the heirs agreed to WiUIb S.

Mullen qualifying as administrator, with the other three son-s-In--law of Mr. Conrad on hi3 bond. William Krleger Is given power of attorney for Mrs. Conrad to act for her. The testator's interest In the Conrad Tanning Company, of which he was the heed, Is represented in stock.

The assessed value of Mr. Conrad's realty Is given as $253,850. AT ADVANCED AGE MBS. SUTCLIFFE PASSES AWAY OF HEART FAILURE. Celebrated Fiftieth.

Wedding- Anniversary Four Years Ago. Mrs. Fannie Herr Sutcliffe, oroe of the widest-known and oldest residents of Louisville, died late Wednesday night, at her residence, 924 Second street, at the age of seventy-four years, Mrs. Sutcllffe had been 111 for more than three months of heart failure, and her death had been expected for some time. Mrs.

SutcUffe was all her life a resi dent of Jefferson county, and had lived In Louisville for fifty-four years. She was born on the farm of her father, the late John Herr. near Louisville. and lived ther; until her marriage. Her husband, J.

E. Sutcliffe. was formerly in the wholesale drug business, afterward conducting a boot. and shoe es tablishment as the senior partner of the firm of Owen Sutcllffe. The fiftieth anniversary of their marriage wag celebrated by Mr.

and Airs. Sutcllffe a little less than four years ago. Mr. Sutcliffe died a year and a half ago. Mrs.

Sutcliffe, besides a large family connection, had a wide circle of friends among people of all ages', and these, even when she was suffering, were al ways sure of an audience with her. She was a woman of ripe Judgment, and could be relied upon to help all with her advice and sympathy. She was a member of Calvary church from her girlhood, and the funeral services will be In charge of the Rev. Dr. J.

G. Min-nigerode. rector of that church. A younger sister of Mrs. Sutcliffe, Mrs.

Mary Parks, lives at Hot Springs, S. D. Besides her sister. Mrs. Sutcllffe Is survived by four children Mrs.

Clarence Warren, Mrs. Robt. N. Locke, John H. Sutcliffe and Edward C.

Sutcliffe. of Mishawaka, Ind. The funeral services will be held this morning at 11:30 o'clock at the residence. Tor Infants and Children. The Kind You Have Always Bought Signature of India Linon WaistSy 75c.

Sheer-quality India Linon Shirt Waists, solid front of lace and embroidery insertion, also new yoke effects, full leg-o'-mutton sleeves, fancy stock collars, new goods, just received, 75c. Cravenette Coats, $w-98- Women's Full-length Rain-proof Cravenette Coat, mac'j! blouse front, shirred sides, plaited back, finished with all-around belt, new sleeves, iurn-back cuffs, tailored collars, spring styles, just received, $10.98. Women's Petticoats 39c. Women's good quality Muslin Petticoats, finished with deep flounce, trimmed in tucks and lace; 39c. Very Low Prices.

$2.50 Shoes $1.48. box and velour calf, kangaroo calf Unnter Hellman-Flro Insurance. Rooms 27 and 281 Dr. W. C.

MeManama, Osteopath. Hours 9 to 12 a. m. and 2 to 4 p. m.

Both MapT; McGinn Bhoa Parlor. Custom work a apeclalty. Cumb. 3C8C Z. a HIm Kate ffltMsrerald-Puichasint AfT Room 31.

Tinsley-BIayer Enirravinic Co. Office, room S3, Pendleton, Modiste. KQoms 37, 33 and 89. DrA Sl N- Epperson, Osteopath. Room 40.

Offlrp. hour tn to TL Main 3CS9 T. H. M. Caldwell Advertising Aency.

Room 4L A. S. Keller. Decorator in China ud "porcelain. Room 43.

P. T. Archer Commercial Photographer. Koom 44. "cniwi 4s, The Atelier XoVelty Mfg.

Co. Thos. E. Grove, Artist-Portrait and Ivory miniature. Roo ffi HnrTey Joiner, ArUsiRoom 61.

Paint! Louisville Bnrean at DexiirnliKr g.ca-M Iloom, 02 and Inland Farmer. Room It Adverting Agenor. loom B5. a WOIJies. for Sale bv All Druggists GOMMERCItt.fti0TOQRfTPHERS flflLFTONE and Wood Engravers ZlNCElCHER5 EUGTROTYPERS StND.

US YOUR PHOTOGRAPHS AND COPIES -WE FURNISH CUTS THAT PRINT. DyeNJCHT ENCRAVERS toaisviuejlvi: Planing-Mill Plant OPERATED BJ Natural Gas FOR SALE OR RENT Cheapest Power in the City. Jocitson-sireec location we orrer tor saie our present factory at Sixth and A streets WITH OR WITHOUT GROUND. One 75 horse-power and one 35 horse-power gas engine, with line shafting to suit purchaser. For full particulars address Gernert Bros.

Lumber Go. LOUISVILLE. KY. the implied request of the debtor was payable in ten yearly installments, such debtor after paying the two first installments and having knowledge that the city, him Che credit, had acted upon the idea that he had requested it, will not be heard to say he had not requested it, and, by plea of limitation throw a loss upon the city which It could not have sustained but for his misleading it. Second Estoppel.

In such case the law must imply a request for the ten-year payment, whether It was made or not, and the debtor by his acquiescence therein is estopped to deny It. Allen Duncan for appellant; Maury Kemper for appellee. George Hoertz vs. Jefferson Southern Pond Drainig Co. Filed February 10, 19C5.

(To be reported.) Appeal from Jefferson Circuit Court. Second Chancery division. Opinion by Judge Barker, affirming. First Corporation Draining Swamp Lands Public Benefit Legislation Constitutionality. Iejr'slation creating a corporation for draining swamp lands near a city and thereby Improving the health of the community Is a matter of public concern, and Is not unconstitutional as special legislation.

The fact that It Is attended by some private benefit not enjoyed by the general public does not take from the work the quality of being for the public service. Second1 'Uncertainty of Location. An amendment to tho charter of a corporation organized to drain swamp lands, which recognized the "pond settlement in Jefferson county" as being the district to be drained, Is sufficiently explicit to refute the claim of uncertainty as to the subject of the legislation. Third Charter Provisions CommissionersAssessment of Tax Taking PrI-: vate Properrj Due Process of Law. Where the charter of a corporation or-1 gan'zed to drain swamp lands provides for the appointment of commissioners to assess a tax on certain aajacent innas, who are reaulred to and did report their action to the Jefferson Chancery Court, which confirmed their assessment, a levy ami collection of a tax so assessed is not Have mat Old Umbrella Frame Re-covered.

I Can make It as good as a new UnVbreHa and save you quite a nice sum on the transaction. I have silks from 86c upward, according to Suality. If you wish I'll send for tie frame and return It to you when finished. J.S.Hiifoi Successor to' The1 Original Yellow Front Umbrella Store AVe. railway, and If while driving on the street car track he Is struck by tho car, without negligence on the part of those In charge of the.

car, where his presence on the track could not be discovered by them in the exercise of ordinary care in time to avert the injury, he cannot recover. But he is not a trespasser on the track and has a right to anticipate that a proper lookout would be kept by those in. charge of the cars a-nd that ordinary care would be exercised by them to avoid running into him. B. II.

Toung Jr. W. Rlpy for appellant: Fairielgh, Straus3 Fairlelgh for appellee. Union Cont. Life Ins.

Co. vs. Spinks. Filed Feb. IS, 2905.

(Not to be reported.) Appeal from Campbell Circuit Court. Extended opinion by Judge. O'Rear. Where a life assurance oollcv orovides that any Indebtness of the assured to the company- will be deducted from the face of the policy, a note owing to the company by the assured should be credited on tne sum payaoio oy the comoany. J.

Crawford, Hazelrlgg, Chenault Hazelrigg for appellant; Robt. Ramsev, Maxwell Ramsey, W. W. Helm, for appellee. Morris Griffin's Administrator vs.

Equitable Assurance Society, etc. Filed February 15; '1905. (To be reported.) Appeal from Lawrence Circuit Court. Opinion by Judge -affirming. First Life Insurances-Policy to CreditorsFraud on Company Payment bv Company Liability to Administrator of Insured.

Where policies of insurance were taken out In the life of the Insured by persons olaimlnir to be his creditors and who paid the premiums, and on the death of the insured the policies were paid by tho company to the beneficiaries named therein under the belief that they oeconu amoiinig acneme. ere tne i beneficiaries named In a life lnsuranco noilcv wero not in fact creditors of the insured and procured the policies by faise- I. creditors, the transaction was enccula tlon upon the hazard of a human lifo and camblimr scheme, and the noliclcs aro void as against public policy, and no cause of action can be maintained on them by the administrator of the insured. ThirdConsent of Insured Void Policy Payment of Premiums In Good Faith. Where an Insurance policy Is taken out upon the life of another without his consent or knowledge It is void, but in such case where one In good faith paid the premiums on such a policy he would be entitled to recover the premiums so paid.

W. D. O'Neal, H. C. Sullivan for appellant; Humphrey.

Hlnes Humphrey for appellees. HOT SPBINGS, ARK. Through sleeper from Louisville every night at 9:40 via Illinois Central. Arriving Hot Springs next afternoon. City Ticket Office a.

e. cor. Fourth and Market. Charter Is Amended. The Bagby Howe Oo.

changed Its name to the Baghy-Sauter Drug Company in an amendment to its. charter, filed yesterday; Its' capital stock, which Is divided Into shares Of $50. Is raised from $10,000 'to. $48,000, and the maximum debt Is also fixed at $48,000. flo inKt fi.

and (riven live dnvs to me brlex on ob jection; motion submitted. lieximrton Kaiiwav ct. vs. i-i erring. Fayette; agreement filed; appellee given tnirty aays aaauionai time to nie onei; appellant thjrty days thereafter to file a response.

Silva vs. city of Newport, etc; petition Tor extension of opinion withdrawn by appellee. Alexander vs. firth National Bank. Fayette; motion entered by appellant for judgment for coat against the appellee for failure to nie oner herein.

Rochester Fire Insurance Co. vs. Peas- lee-Gaulbert appellants given leave to withdraw brief for correction. Hon. Leroy Curtis, of Louisville.

sworn as an attorney. Shnon3 vs. Gregory; argued by Fred Forcht and C. H. Gibson for appellee and B.

H. Young for appellant; submitted. Court adjourned until to-morrow morn ing at 11 o'clock. Court of Appeals Decisions. C.

W. Rust. vs. L. B.

Rust, etc. Filed February 8, 1905. (Not to be reported.) Appeal from Graves Circuit Court. Opinion by Judge Paynter. afflrminir.

i irst win contest statement of the Case to the Jury. While it is proper for the attorney for the will to -conclude h)s statement to the jury of the facts relied on to sustain the Will, before the contestant's attorney makes his statement, the fact that the court permitted the attorney ror tne wau to mane an aaumonai statement after the opposing attorney had made his statement is not a reversible error. Second Statements of Counsel In Argu ment. A statement made by counsel for the will In his argument, to the jury that tne proor iacis to snow ror twenty years one act of kindness to the testator bv any one of the contestants." and "that only four of the children have appeared in the action, the others having washed their -hands or the transaction," are le-citlmate conclusions from the evidence and are not objectionable. ll.

J. Moorman, J. wo do for ap pellants; Robblns Thomas for appellees. Samuel Handshoe. vs.

Epperson ConJey. Filed February 8. 1905. (Not to be re ported.) Appeal from Knott Circuit Court. Opinion by Judge Paynter, reversing.

Land Adjoining Tracts Dividing Line-Common Title. In an action to determine the location or a division line between two parties who claim the land- from the same source. It is not lncunTbent on the plaintiff to show that he derived title from the Commonwealth. Phillips Fug-ate for appellant; Jas. Andrew Scott for appellee.

Commonwealth for etc. vs. 3. A. RatHff Filed February 15.

1905. (To be reported.) Appeal from Nicholas Circuit Court. Opinion by Judge Nunn, afflrmlng. Sheriff Taxes Collecting Excess Judgment Ca. Sa.

A judgment against a Sheriff for the collection 'of taxes In excess of the constitutional limit Is not such v. judgment as will authorize an order awardlr.t a captes ad satisfaoien'dum for Its collection or enforcement. Win field Buckler for appellant; Morgan Hughes, Holmes Ross for appellee. Citv of Lexington vs. A.

Smith Bowman. Filed February 1905. (To bs reported.) Appeal from Fayette Circuit Court. Opinion by Chief Justice Hobson, reversing. First Street Improvements Ten-year Payments Knowingly Accepting Request of Debtor Plea of Limitation.

Where a city lonned its credit to a lot owner, for the cost of a street improvement paid for by the city, and which at COURIER-JOURNAL OFFICE BUILDING DIRECTORY Elerator Sunday 9 a. m. to 12 m. a "taking of private property without due were In fact creditors of the Insured, the process of law" within tho meaning of company Is' not liable to the administra-tho Federal or State Constitutions, and tor of the Insured tor the sums so paid the fact that the notice was by adver- although the partiea to whom the money tlsement in the press and by posters in- was paid were not in fact creditors of stead of actual service of process does! and had no Insurable Interest in the ISfe not militate against the conclusiveness ofiof the Insured. the judgment oi said court.

Fourth Estoppel. An owner of land PT.tntArs nror.urwl the charter au- ihnrizlnir the drainage of swamp lands i and the assessment of the adjacent landsjly representing themselves to be such Louisville Loan Co Room 1. Barber Shop- 'Koom 2, second floor. H. R.

Cook, Proprietor. Dm. Orendorf Weber Suite No. 3, second floor. Hours 8 to 1, 3 to 0, 7 to 3.

Sunday 9 to 12. Tel. 924. Arts and. Craft -MlMes Bruce.

Rooms 0, and Dr. John II. Collier, Osteopath Nerr- oas dLs eases a specialty. Hours 8 to I Phone Main 37S3 A Room 3. The Colonial Security Company of St.

I.ouIm i. Incorporated) A V. Chrlaten-sen. Supt Room 9. National Life and Accident Ins.

Co. A. Johnson. Supt. 10 and 11.

Dr. Wm. X. Hours to 9:30 a. Room 12.

12 to 1 and 0 to 7 Dr. B. G. Hcei, Dentist Telephone 3G8D A Rooms 14 and 15. Wm.

J. Wntfclnn Co. Press and Ornamental Brick. Coke. Coal.

Iron Room 16. Vnl. P. Collins, Architect Room 16. ew Lon Is vllle Jock ey Clab.

17. Dr. Georjje H. Day Room 13. Hours 0-1, 3-7 p.

Sunday. 0-12 m. Dr. A. F.

Velle, Dentist, Dr. W. M. Conlson, Western and Southern JAtrt Ins. Co Alex.

Amman. Supt. 20. 21 and 22. Geo.

J. Monroe, 31. D. Room 23. Hours 0 to 11:30 a.

1 to 3 and 7 to 8 p. Sun-Cay 0 to 10:30 a. m. 'Phone Main 30 M. Lonls-rillc Trans and Rapture Co Tel.

213 A Main 24. Dr. C. C. Gortsliaw 24.

Hours 9 to 10 a. 2 to 4 p. m. and 7 to 8 p. m.

Tel. Main 213 A. Dr. J. Clnrlc.

Dentist Rooms 25 and 20. Telephone 3689 M. Wintersmith's Remedies thprftfnr. is estopped to deny the validity of the law under wnicn tne assessment is made. W.

McKeo- Duncan for appellant; W. Thum, A. S. Brandeis for appeilee. Gns Greene vs.

Louisville Ry. Co. Filed "FVh ir, 1905. -(lo oe reporteo.j jeuerson Circuit Court, Law and Equity division. Opinion by Chief Justice Hobson, First Street taiiway use or tMxeei oy Wagons Injury to Driver Relative Du-tlesT The driver of a wagon on a public street has the right to use any part of It.

although occupied by the track of a street 516 FOURTH SVENUE. Louisville's Leading Caterer. AFTER-THEATER, DINNER AND EUCHRE PARTIES Lunches for Special Parties. PRIVATE D1NSNC-ROOMS ON 2d FLOOR. BREAKFAST 35c- SUPPER 35c KLEIN'S.