Fort Worth Daily Gazette. (Fort Worth, Tex.), Vol. 13, No. 74, Ed. 1, Saturday, October 15, 1887 Page: 2 of 8
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The Gazette
PUBLISHED EVERY DAY
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DEMOCRAT PUB CO
Fort Worth Tex
Branch Olncss of Th Gnzetto
Dalias 607 Main Street F E Holloway
Mamger
WACOTom O Plunkeit Manager
Tan Detroit base balllsts are winning
all the games and also the worlds cham
pionship
Something from the trenchant pen of
Commissioner Hall would fill a want
badly felt
HjiKhr Georgk would receive thirty
votes In the Panhandle it an election were
held there now
Thb issue Is now joined Does Texas
prefer the raising of calves or babies in
the Panhandle
The rights of the actual settler sht 11
never be interfered with providing he is
a Scotch syndicate
Erom Brinkley into Memphis the Presi-
dent was continually reminded that this
was a great year for water
mnw
A new play has been produced lately
called One Thousand Ems All the
typos will want to get It on their strings
Samuel J Randall is swinging round
the circle a little himself It looks Ike
he was trying to pick some of the aspara-
gus before the President reaches the
truck patch
For years Thk Gazette has contended
that the lease law meant land monopoly
In Texas The Gazette polntstothe
threatened ejectment of actual settler s in
the Pnhndle as its ustiflcation
THE GAZETTE FORT WORTH TEXAS SATURDAY OCTOBER 15
Owens the express messenger who
made away with 30000 of the companys
money must have been crazy No sane
man could keep druck from St Louis to
Texsrkana on two bottles of whisky
To Grovur Cleveland When you
strike a southern mining town throw
your encyclopedia away its no good
Get your figures from the local paper
double them and youre solid
Cksak had his Brutus Charles I his
Cromwell and the Scotch syndicate might
do a worse thing than conclude that
American citizens were not Skye crofters
If thatis treason set ii in fourline pica
George Francis Train has been
silenced by the Mayor of Chicago and
he threatens to build a house twenty
stories high and drop tne Mayor from
the roof This Is too bad The illus-
trious crank should be permitted to ex-
ercise his lungs
President Hadden of the Taxing
District a flourishing town opposite
Hopefleld Ark took the shine off of
the Cleveland reception by the demon-
stration given in his honor on his return
from New York There is nothing like
being a President if its only of a base-
ball club
The Mltchellstown police have been
charged with willful murder by the
Coroners jury and the Inspector of
Police has prevented the execution of the
Coroners writ for the arrest of the
culprits Police inspectors are big men
when they have a regiment of soldiers at
their back
The cold logic of the leasing system is
this and will so appear to all plain
minded people A lease that is not ab-
solute in its tenure is a fraud on the
lessee and an absolute lease retards the
settlement of the country To maintain
a lease law or the semblance of it Texas
must either be dishonest or restrict the
development of the west
Private Dalzkll is valuble and volum-
inous but he is honest He is a stalwart
among stalwart Republicans and a
G A R man from taw He writes the
St Louis Republican that those who
claim that the G A R Is nonpartisan do
not know what they are talking about or
wilfully misrepresent the facts He
claima that it Is the Republican party and
the Republican party is the G A R
nothing more and nothing less
The Rids are dancing juba in New
Mexico They left their country for their
countrys good and came to the wild
wide west carpetbag in hand for the
sake of office It was the last ditch aud
now that the Democrats ore signing the
payrolls and drawing the salaries the
ousted Republicans seat themselves on
the fence and howl The iron of defeat
is in their souls and they attempt to
yawp piteously but the result is a sooth-
ing melody to Democratic ears The
Governors name is Ross and his capa-
city for sitting on his political enemies is
astonishing
The cloven foot of the lease law system
Is beginning to be visible to the naked
eye of those deluded people who cried
over the school childrens grass A lease
law that does not give absolute control
for a term of years is dishonesty and for
a long time Texas was forced by the sys-
tem to play a dishonest part in dealing
with cattlemen But now when the
state reforms and would insure ab-
solute control of lands for the
time that lessees pay for then
all the infamies of the leasing
system stand revealed to the public eye
In the threatened ejectment of actual set-
tlers We told you so
Professor Gold win Smith speaking
of the separation of the American colo-
nies from England says that a little
patience a little endurance on the part
of th3 colonies would have ended in a
repeal of the objectionable laws It is
too late in the season to go back and try
the effects of patience and endurance
now We have it from a gentleman
named Patrick Henry however that fur-
ther patience would have resulted in the
presence of a red coat in every house and
this seems to be not improbable in view
of the fact that the Irish have been exer-
cising patience and endurance for 700
years without having any of the obnox-
ious laws repealed
The lawyers have decided that the im-
ported preacher who was employed to
take charge of one of the flash New York
churches must return as he Is a laborer
within the meaning of the law and
as such is prohibited from competing
with the nativeborn toiler That
Is right The early disciples were in-
structed to seek tne lost sheep of Israel
with neither gold nor silver nor brass in
their purses they were commanded to
carry neither script nor stores but to de-
pend on their work for meat They did
not telegraph ahead and tell the sinners
to come if S200 a night were guaranteed
as some of our progressive Americans do-
nor did they wait until an iropclad co n
tract was signed sealed and delivered to
them There were preachers in thdse
days there are preachers in these there
are lecturers on Scripture also
We do not share the apprehension of
some of our good Protestant American
friends concerning the Roman Catholic
schoolpbllcy There Isnotrthe slightest
possibility of the Catholic church divert-
ing any part of the public school funds
for parochial schools Thefact that pub-
lic sentiment is stirred so quickly when
vl < T
ever the matter Is hinted at Is sufficient
proof of this We believe also that while
no good Catholic can oppose or question
the authority to which he is subject yet
there has been a feeling of regret especi-
ally among American born Catholics who
have been educated in our public schools
that this decree enforcing the establish-
ment of parochial schools should have
been passed Esgardlng their love of
country and of American institutions
there can be no question We believe
the order enforcing parochial schools
was an unwiee one but the sacrifice and
the outlay comes upon the Catholics
themselves and not upon others
MANUAL TRAINING IS SCHOOLS
The board of education of New York
city have at length concluded to intro
duce manual training into public schools
tnere They have been deliberating for
years as to the expediency of the matter
but the sentiment of the community is so
pronounced In its favor that they are now
determined to go ahead and give It a fair
trial They have carefully examined the
workings of the system in Europe as
well as tbe leading cities in this country
where adopted According to their ideas
a certain 4 amount of work some appli-
cation of mental power through the
body or rather training of the
senses through the hand and the
eye is needed to produce a well
trained mind The schools will include
carpenter work or the use of wood-
working tools for boys modelling in
clay for both boys and girls construction
woik in paper pasteboard and other suit-
able material also for both sexes and
sewing and cooking for girls Thls is not
to apply to a few children but to all of a
suitable age and it Is estimated will cost
the city about 120000 the first year and
some 90000 each succeeding year As
there are a good many boys and girls in
New York who cannot attend school ow-
ing to the lack of room it might be well
for the board of education of tnat city to
attend to this matter before providing for
manual training
HOW TBE LEASE I AW OPERATES
Ends abouf Arm xoticktothernuLic
strong ant Washburn Tho undesigned nuld
f > ta ions in Armbtronfrom the state of Texas
county r = belug taken an absolute lease > n-
ut rapidly by actnal the state school lands
settlers Surveyor J II claeslled as grazing
Parks has located lands within the Palo
twenty nations ol d u ro and Qullque
school lands m Arm-
strong county in the
past two weeks n >
more sett era will be
located by him in that
neighbornood
i
r a
rangep said lease cn
iracis are of record ac-
cording to Jaw All
persons are hereby no-
tified not to trespass in
any manner whatever
npon said land Par
lies Ol reiardl g our
tl2hth will be vlgorou
ly nrosecuted from this
ion
i Go DKIGHTMoore
I Mrs CAdair
The above paragraphs are taken from a
single issue of the Panhandle News pub-
lished at Clarendon One of them ap-
pears in its local and the other In its edito-
rial columns Their significance is fully
developed in the statement that both re-
fer to the same section of country and
that one Is the sequel of the other The
facts are as The Gazette learns from
credible sources that settlements are be-
ing made in Armstrong county which
threaten the evasion by nesters of one
of the largest pastures in the
Panhandle bis pasture includes some-
thing near a million acres of land of
which about 350000 acres belong to the
state It was enclosed three or four
years ago without authority from the
state and since that time the occupants
havd enjoyed the benefits of the enclosure
without the contribution of a cent to the
school fund The steady approach of im-
migration seems to have wrought a change
of policy on the part of the occupants
At the very mement that the foot of
the settler is raised to cross
the wire fence which encloses this
rich domain belonging to the state the
placard is hoisted This land is held
under an absolute lease from the state
Parties disregarding our rights will be
vigorously prosecuted
If the object of The Gazette was to
gratify its own vanity it would be content
to call attention to the remarkable f ul
flliment within three months after an
absolute lease law went into effect of its
worst predictions as to the operations of
the leasing system Within a week has
come the startling intelligence of a per-
emptory order by an English cat-
tle company for tho abandon-
ment of their homes by thirty families
which have settled within its range and
the significant warning by three other
great lessees that settlers who croEs their
boundary lines will be vigorously prose-
cuted This simultaneous action by the
four heaviest lessees of school lands Is
not an accident or the inspiration of a
hasty impulse Men Jwith suchvast in-
terests depending on their movements
do not act without a
the probable results
ests have never
careful study of
The lease inter
before dared
to defy settlement but have
ingeniously sought to convince the peo-
ple of the state that they were in sym-
pathy with the development of the w est
That they have succeeded but too well is
made plain by their action now In tearing
off the mask so long assumed and
placarding their pastures with the warn-
ing that all those who ignore their
lights will be vigorously prosecuted
An absolute lease system is a part of our
statutory law the leases have been made
and at last the holders of the big
pastures are enabled to say in the name
of the law what they have been mutteriog
under their breath since the tide of im-
migration first turned westward Keep
cffThe
The pasture interests cannot be con
demned for attempting to ieserve to them
selves the public domain Selfrprotec
tion Is the first law of nature and they
but obey it when they seek by all avail
able methods to prevent settlement
There are twenty or thirty wealthy cor-
porations and individuals engaged in the
cattle business on a large ecale on the
school lands that will be forced by the
settlement of these lands either to close-
out their business or emigrate They do
not desire to do either They are de-
termined not to relinquish their hold
upon this great territory of the state so
long as it can be maintained by indi
vldual power or legal methods The
rapid settlement of portions of the school
lands has partially broken the first and
by a skillful manipulation of popular
prejudices they are enabled to retreat
behind the framework of the law
It remains to be seen whether their
position is strong enough to defy the
popular sentiment which was skillfully
invoked to shelter them and Is now
flagrantly insulted when its services are
no longer needed
Cheapest aud Best
Alexander Alert
The cheapest newsiest and best paper
in the state is the Fort Worth Gazette
We had rather go hungry and wear the
garb of a Georgia major than be with-
out The Gazette
A Democratic Paper
Greenvlllo New Era
If you want a paper that is replete
with the latest and most reliable news
from every part of the state and one
that Is in full accord wltn the wishes f
the people and a journal that is Durely
Democratic from a Democratic stand-
point we would advise you to send at
once for the Port Worth Gazette
TST 3RW i t trs LT
A Complete Success
Xew York Sun
How do you like your new type-
writer inquired the agent
Its immense was the enthusiastic
reply I wonder how I ever got along
without it
Well would you mind giving me a lit-
tle testimonial to that effeci
Certainly not do it gladly
So he rolled up his sleeves and in an
incredible short time pounded out this
afted Using thee autoinatlg Backac
tlonn atype wnter for thre emonth an d-
Over I udhesitatinggly pronounce it
prono nee it to be al ad even more than
th e Manulacturs claim for it During
the time been in our posseosio n e I
th ree month 1 it has nore t han than paid
paid for itilf in the saveing of time and
labor jjhn fSnith
There you are sir
Thanks said the agent dubloualy
Fort Worth tlin Place
Tyler Dismocrat and Importer
Fort Worth is the place for the
Democratic state convention
next
Comanche Kxponent
The Port Worth Gazette Is booming
Its city as the proper place for the next
Democratic state convention Leter have
it
It3ckwall News
Fort Worth is still a candidate for the
next state Democratic convention The
News was the first paper in the state to
nominate the Fort and we are more than
pleaaed to see the convention conter
so favorably spoken of by the brethren
Itasca Alliance Mail
The Houston Post is booming Corsi
cana for the state convention next year
An impression prevails here that Fort
Worth tfill be kindly remembered about
the timefthe selection is made
A Wonderf at Bicycle
St James Gazette
A number of gentlemen interested in
the adaptation of cycles to military pur-
poses assembled at Hanwell yesterday
afteraoon to witness some trials and ex-
periments with a bicycle which has been
constructed by Messrs Wilkios Co of
Holborn Viaduct The bicycle which in
its general outward appearance resem-
bles a machine of tbe familiar safety
type was put through a series of the
most extraordinary tests with a result
which greatly astonished and amused the
onlookers Starting from the center of
the town a man rode the machine over
half a mile or so of road to the bank of
the river Brent where dismounting he
proceeded to blow into e couple of small
bags attached to the handles The infla-
tion occupied about a minute and then
the rider having ttjrown his bicycle into
the water dived after it swam across
and landed on the other side
He then rode over three or four miles
of very rough and varied country Includ-
ing plowed fields and swampy meadows
and having recrossed the river regaineo
Hanwell by some very rough lanes lift-
ing his machine over the closed gates
Altogether he covered a distance of about
five miles and his time was a little more
than fortyone minutes Subeqaently a
few well known cyclists who were among
the visitors tried the machine and rode
over the most uneven ground up and
down short and sharp hills bricks and
other obstructions in a manner that
greatly surprised military men and others
who were present
A Dukes Intended
Boston Oct 10 The Mrs Adair who
is to marry the Duke of Marlborough Is
well known is Boston among certain peo-
ple Her reputation is based on her
great beauty She was always regarded as-
a leading belle especially in her younger
days She was the daughter of General
Wadswortb anol was born in Genesee
county New York where her parents
lived and owned large estates Her flrsi
husband was Montgomery Ritchie of this
city After tne deathof her first husband
by whom she hadcgildren Mrs Ritchie
went abroad where she met the gentle-
man whose name she now bears He Is
said to have been a Scotchman or an
Irishman In England she was and is yet
well known as a great beauty and of sur-
passing brilliancy
Ko Sanger from Cholera
New York Oct 14 The health au-
thorities issued a public notice yesterday
that there was no danger whatever to the
city from cholera from the patients
brought iere on the steamer Alesia
There have been no new cases developed
on Hoffman Island since the night ofOc
tober 7 and Ale8ias a8sengersyie1re are
in exceptionally favofcble sanibi y condl
tlonV y
Aesperieuced travel < iji ayB The trosti
troublesome companion Jjfperson can have
while being away from bJNi tt a cough and1
would advlie eveTjbodjnb plpcnre a bottle of
Dr Balls Cough SyrnJIeforrstarting
The impdilnnce of purifying tbe blood can-
not bo < rcstiinated for without pure-
blood ycrjjfbannot enjoy gbbxLiiealth
At tlMseason nearly everyone needs a
good inMicine to purify vitalfco nnd enrich
the blo l and Hoods SarsnpafilEjJs worthy
your confidence It is peculiar1h that it
strengthe and builds up the systefnjcreates
an appetite and tones the digestion whjile
it eradicates disease Give it a trial V >
Hoods Sarsaparilla is sold byall druggists
Prepared by C I Hood Co Lowell Mass
IOO Doses One Dollar
CODRT OF APPEALS
Synopsis of Opinions Kendered at Tylor
Sitting
Correspondence of the Gazetta
Tyler Tkx Oct 13 John Fisher vs
the State appeal from Maverick In this
case the record fails to show that anj
notice of appeal was given in the court
below The Assistant AttorneyGeneral
moved to dismiss on tnis ground Held
This is a positive requirement of the law
and must be ooserved Dismissed
White P J
Henry S Cobb vs John S Hillyer ap
peal from Smith Hillyer bought
land according to a long line of decis
ions is correct Affirmed Willson J
Sam Murcnlson vs the State appeal
from Nacogdoches This is an appeal
from a conviction for drunkenness in a
public place towit a grand jury room
Appellant claims that a grand jury room
is not a public place but on tne contra-
ry Is a private place and seeks a re-
versal of the judgment on this ground
Held This position is not well taken a
grand jury room being in the eye of the
law a public place Affirmed WillsonJ
Ell McConnell vs the State appeal
from Parker This appeal Is from a con
victknof manslaughter Appellant hav-
ing previously been acquitted of murder
charged in ihe indictment moved tbe
court in limine to strike from the in-
dictment the chirges of malice and mur-
der This motion the court overruled
but in the charge to the jury instructed
them that ihey could not nnd him guilty
of mur Jer either in the first or second
degreebut must if hey found him guilty
at allof a lesser degree Held Not error
It Is provided by the Statute that murder
includes all the lesser degrees of culpa-
ble homicide Crim Pro Art 71ij
Ailimed White P J
W E Ivey vs Huggins Rowland
appeal from Smith The property m con-
troversy was six bales of cotton mort-
gaged and detcrlbed as follows Six
bales of good merchantable cotton being
the first six baits of cotton planted and
to be planttd this year 1886 on my farm
in Smith county or on any other land I
msv cultivate this year 1880 Held A
sufllc ent description Hurt J
George Bailey vs the State appeal
from Wharton In the court below de-
fendant asked for a continuance on the
ground that two wi nesses were absent
who would swear that one Dan Ward ad-
mitted in their presence that he did the
killing and also that Bailey the defend-
ant had nothing to do with the killing
This motion the court overruled and this
ruling is assiened as error Held No
erro I was not shown when these con-
fessions were made and they may not
have been admissable One witness
swears positively that Bailey the defend-
ant did the shooting Another that Ward
was at another place when the killing oc
carred
The written st tements voluntarily made
before the examining court by appellant
were stricken out on his own motion
CLASSIFIED ABYERTISEMEKTS
AU persons seeking anplot ment who Conner r <
ford to pay may advertise ist this column for riV
tions free ofcharae
9U X fr
Mmrc
MBfrisw prepared to loan mousy In
tramdeslrod on pastures Improved fanta c
ranches Will also buy vendors lien no
SOHMESVILL5 < SpnASSf
60S Mal AtpftiTfort TVor
M H W FY t S stureafarma buaitMl
IV UJ Urpifopcriy and vacant lots
Newte
niXasrtttrrlawvercorFifth and MalnFWorta
BUSINESS OHANOlSdr
G < OODW2SIXlvSS OPENING X > coBlef
I lonery aadfjrdJt store for sile bawwnir
in city A thestabll hed trade lSd rea-
sons foty WUng Address HabiSaa hcr
SlmondfrirbnrncTf
wan rjSDsiruaTjowit
ANTED lualfonby
state u <
AddrpgBffjUC Jlm ner Pen
ST
iandM g eV
from Cobb who gave him a guarantee
deed The Tatum heir3 sued Hillyer and
recovered the land This suit was
brought by Hillyer to recover from Cobb
the money paid on the land amounting
to 210 Held The judgment of the
lower court oelow allowing Hillyer to re
cover from Conb the amount paid on said
rjTHItEE JOXT ROOMS
JL and XTrrbfr morton
eas
laceVKtillPr Tex
Kversixiayrd i
YV wardsMu3lWSforo 303
tho3e CngjgflgfoB
ROSS
The state then over objections of de xcTag Tasaosa Tos
fendant introduced oral testimony tp fxr T zf
prove what defendant said on examining
trial Held Not error Where six
jurors have been sworn to try a cause
and the court Instructs them to retires
while other talesmen are summoned ana
one of them remains in the courtroom
and it is not shown that any one con-
versed with him it is not reversible
Affirmed Hurt J
Charles Darnell vs the State appeal
from Wood In 1883 defendant was in-
dicted In the District court of Wood
county for the crime of murder In the
same year he was tried and his punish-
ment assessed at death On the 14th day
of November 1883 this judement was
affirmed by this court Darnell vs
State 15 C a 70 Alter this affirmance
and before sentence defendant was tried
and convicted of lunacy and sent to Ter
rell to the asylum After six or seven
months the asylum authorities dis-
charged him and pronounced him
sane and turned him over
to the Sheriff of Wood county At the
November term of the District court of
Wood county an affidavit was filed by a
credible person informing said court that
said Darnell had become sane The
court impanelled a jury to try said Issue
and said jury returned a verdict finding
Darnell sane whereupon said court ad-
judged him to be sane From this last
verdict this appeal is prosecuted and the
Assistant Attorney General moved to dis-
miss the appeal Held The right of
appeal Is given a defendant in any crim-
inal action upon conviction C C P
837 J It has been Tepeatedly held in this
state that an appeal can only be prosecut-
ed from a final judgment of conviction
rendered and entered against defendant
The conviction Is an Indispensable re-
quisite to the right of appeal and the
record on appeal to this court must show
such final judgment or this court can not
entertain jurisdiction Dismissed Will
son J
Tjler Lumber Co vs W Eosehfleld
appeal from Smith W P J A Mar
tl being indebted toAppellee Rosenfleld
contracted in writing to deliver to Jsaid
K66Dfleld 6 rfth8 cars at Ktlgorej 100000
f ee t oftlumber of specified quality at spe-
cified times and at specified prices the
payments tobe credited on said Indebted
ITOB SALS
a lirst clas wtnr
op Tex
WANTED KiSMALK H3SXy >
WANTED A cook tor a smSSifmlly
plv a ltf Fourth 8trtfrV
npAI R VA > pSi ol t v t alTu pants
mjkeraJ AppiytCr f ltosonbam Uonhatn
Tex v < J
WASJTBDA itw goodv G pnters wit
S 9 APPy lo gatgjafceper a Union
depot i < v S
urANTBu u upholsterer jji TaatOes
TT mater No 209 SanrAutosi stiect i
Paso Tex < yg
mlnutes iWalE
FOR sale Cheaponcfi2tfhorse power Atlas
enRlnt oijo horAo power Stent b dler
boi crfjcterji0se Rackand h atcrrhavcUwri
usedalrfrrt glTiten
Dtrrmm 315 Miln t
montts IngjHre fT M
trcet FvrMVcrrtar Tex
T OR RENT O t AoE A good farm lor
JT acres jaBtf tfoMjajUaafrten mUei nortli
JakFfifirt Worth Appry to Dr J
ood triajtiait roKD
Lawagn areoe Tesas
A
ANTEBf SCOraen on extension ofthe Fort
Wtfrffrand Denver City Hallway Track
men teamsters and sefcpcif holders
Wases of teamster S2 pttrn > nth and boarl
day men 7ap Kdkyi v uuplins at office
of the xoao > atrFon Worth transpoitatlon
can be obtained at tali rare Apply at
Quanah to S Mlms or out ot the wors to 1 >
Carey
WAN I ISO ROOMS
ELECTABLE journff raSn wants farniehtd
fgefm b iard within lire or ten
of coarthouse Hoarder can
ITOJK UJS2IT
REXT Foiuu
John R Wal
OLDESPERS SFSiSFfc
zfittsfelfi e very ch
np
tf FOR SALE
O auuatcd
tnOlay Arcner Jaefcaad Young counties in
tracts of iromi 320 to 5000 acres suitable for
farnjlri an graslng purposes small cash pay
ment balance op long time and low rate o in
terest Address O S Kennedy ForlWorth
Tex O E WeUeslpy DallaBvTRK or J J
Chltwood Antelono JcfccffnMtvTox
OUJU3MPERS lH i
Jsefc safCT3 verv cneao
3isoiUiauH2drksf
jrii
FOli RlfiXT Cicely fuEnlsufedi titTii rcon9
on llrst and ecojrdIiWrfTr at Air Jlaaeev
310 Lamar streaTiaTo day hoard Transient 5
per dayy X
TTTANaafOiVtoljuy magazines p perbound
JyisBoV < dR5 books of all kinIs except ichooi
books strctt Book Stand opJ0 Main et
WA NTED E very boay < < oSnowhac die Cal
igraph and Sej tfgap h a > d stationery for
tame canjba JiS SttrRaeinesS CollessUeiron
or adihgg5Fti lrenl i agen 3aps
T7JTANTED
call at j u u
Houston and sea
FKOySSSIOWAii
SBROKN
vUtarneyfliCcf Counselors aHaw will practice
tn state and f ediral courts Qflice LbycTbnlld
lng corner Maja andS < yortd trcetir
> CTlo SS WaaLKSK Attorneyaat Izv
JEM StontEgno Texao Special attontSoagrvsR
n laud and noijiiprM < llti lr t F
Attorneyaat
V
EOBEfiT5CUuvjrciio UHHslorat1 aw
Cjy gylrycTntoslte the oetofflce
iisiaju jcstats agents
w fl lm
trSproved
arms
orcallon
A DererrsCo up stairs corner of Fifth
a dXSrin streets Fort Worth Tex llraatJ
office Dfecatnr Wise count TeZf r fr
frCO
enix rrftreet uiu T x RcalJSstffteand
Collecting Agents Loans negoUatetlir6n city
farm and ranch prpperty
3t
ty
VXV1AH ljV 5atM > fefcuvinu iaiiw
leotloaV sgSnii ror tho Paliandle
F T
Generallandagenta 3rT4lalnFori WorthTex
iness A portion of said lumber was de
livered and accepted Other portions of
this lumber being that In controversy
was placed hy Eald Martins at the railway
depot in Kilgore and one Taylor acting as
Rosenflelds agent inspected said lumner
and finding some of the lumber not of tbe
quality specified in the contract called the
attention of the Martins to this fact and
said Martins agreed to cnll said lumber
and load same on cars and after being so
cdlled and loaded they were to receive
credit therefor Said lumber was never
culled and loaded but remained upon the
ground some time when said Martins
sold to other parties who sold to appel-
lant Tyler Lumber Co Eosenfleld re-
covered judgment in the court below
Held It is well settled that when any-
thing remains to be done by the seller
such as weighing counting or measuring
the title dot s not pass until such count-
ing etc is done Further held That
this lumber not beiDg culled as per
contract the said contract being exe
cutory and never being carried out the
titled failed to pass to appellee Eosen
fleld Reversed and remanded Wilson J
George E Sims vs City of San An-
tonio appeal from Bexar Defendant
wa tried and convicted In the Recorders
court df San Antonio for Keeping and ex-
hibiting for the purpose of gaming a
gaming table etc Appellant contends
that tne Recorders court had no author-
ity to try appellant and that the charter
of San Antonio giving him that right was
unconstitutional Holding that a bill
should be passed and presented by a
grand jary or an information should be
filed and that such trial by the Recorder
deprived him of the right of trial oy jury
Held That the above objections arc not
well taken The Recorder had undoubt-
edly the jurisdiction to try the case
Affirmed White P J
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Fort Worth Daily Gazette. (Fort Worth, Tex.), Vol. 13, No. 74, Ed. 1, Saturday, October 15, 1887, newspaper, October 15, 1887; Fort Worth, Texas. (https://texashistory.unt.edu/ark:/67531/metapth85589/m1/2/?q=Lamar+University: accessed June 11, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .