The Austin Statesman. (Austin, Tex.), Vol. 32, Ed. 1 Wednesday, April 8, 1903 Page: 3 of 8
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N
Minors' Inat
cousins in the fourth.
N
T
85
00
5
8
5
5
0
Smith 8 Wilcox
FIFTH DISTRICT.
Associate Justice.
overruled
. A.
This suit was brought in the coun:
MEMBERS INITIATED.
nsin.
Conclusions of Fact—W. P. Hender-
00000000000000000
A. •. VANDERVOORT. Cashior
JOHN H. KIRBY, Prenident
Vie. Preeldente.
ship-
Sidewalk Notes
- i
They were unloaded, watered, fed and
milked.
Y
s
1
some of the cattle were thrown dow
From Gainesville they
the
in
car.
were
ing there about 7 o’clock in the even-
S
ing, where they were transferred from
way
(
00000000000
the agent of the last named company
r.hinago, Milwaukaa and St. Paul Ry.
3
)
343 Main Sheet.
and furnish an opportunity
a Month. |
HARRIMAN MAKES A DENIAL.
dred, the canon
09
"9
County.
N. H. Lassiter and Robt. Harrison,
the track of the Missouri, Kansas and
Texas railway, and reached Denison
denomin
I portion
I numbe
in the I
second.
A. O. WASON, ARCHITECT,
fl E. Sixth St., opposite Driskill Hotel.
ur
lor
- I
—The j‘
n pass
midng
udge Si
lout fou
ICYCLE MEET TODAY
AT THE DRIVING PARK
THE AMSTERDAM STRIKE
SITUATION YESTERDAY
REMOVAL OF THE OFFICE
OF UNITED CHARITIES
TO DRILL IN ALAMO CITY
AT RATTLE OF FLOWERS
( I
4 •
NOW LOCATED AT THE HOME
OF MISS BATES, AGENT FOR
THE SOCIETY.
LOUISANEW TRAIN
PAUL A NEW ROUTE
1
AB the frains carry military escoris.
Any employes who do not return to
work by noon today will be dismigsed.
The workman's commute of defense
has proclaimed a atrike of the bakers
taroughout the country, but the master
bakers hope to prevent it from becom-
ing general. The distribution of bread,
however, will be restricted.
Steamera have resumed sailing from
here for Kull.
STRIKERS PROVIDE FOR PRESER*
VATION OF ORDER—SYMPA'
THETIC STRIKE.
out. and did not know why the trains
did not stop. No opportunity was given
Henderson to unload the cattle and
have them watered, fed and milked at
appellants claim that the last sentence
in section 4 of article 1688, R. S-, is apt
M. F. SMITH,
Commercial Agent
Dallas, Texas.
The omee of the United Charittes has
been moved from the police station to
First National
Established 1873.
neversed andrendetsd...'
11. H. MEll
|
t
l
WB PAY 4 por cont Interott
por annum an depootte In our
SAVINGS DEPARTMENT. Call
or writ. far our uittie booklet,
expiaining t rules and reguln
tiono of thle department.
amount of damage®,done to the cattle
while in the possession of and being
transported by appellant company was
1360, and In deference to their verdict
egraphing to Fort Worth, told him the
train was on time. This train came in.
"In Lakeland" and "Summer Homes" 6c.
“Lakes Okoboji and Spirit Lake” 4c.
■
I I !
4 ’
§
16
they arrived about noon, and I
there to Gainesville, where they reach-
him t. ....— ----------- ,,
could water, feed and milk them. -he
• 9
" Next Sunday is Easter.
Better get your new clothes now—always a
rush later.
Everything for Man or Boy is here—in good
taste, correct style, and marked to jell at prices
that are wonderfully attractive.
Frock coats and vests, cutaway coats and
vests from #15 to $35.
Elegant trousers to go with them from l
down to $5.
White and fancy vests, too.
1
•I
r Ae j?
OBINSON GROCERY CO
E. 8. ROBINSON, PROP.
SPECIALS FOR TODAY:
Capital s100,000. surplun end Profit* $46,000
W» want your bunlness And offer to depoeitore every
• ‘ tch their balancce, buelneoa and responeibillty warrant
When we come to the question ax
to how the paternal moiety should be
distributed among those who come
» choosi
e genei
Lexingto
4 •
I I
elate justice.
Fourth District—At San Antonio:
Jno. H. James, chief justice: W. 5.
Fly, associate justice; 11. 11. Neill, as"
sociate justice.
Fifth District—At Dallas; Anson
Rainey, chief justice; John Bookhout
associate justice; Howard Templeton,
associate justice.
little after noon.
The cattle were injured by negligent
androug handling and switching the
car during the time they were being
transported, and by the failure to un-
load the cattle to be fed and watered
te next
Brooks, associate justice.
Court of Civil Appeals.
Hive districts in all.
First District—Located at Galvesr
“on; C. C. Garrett, chief Justice: W.
H. Gill, associate justice: R. A. Pleas-
ants, associate justice. •
Second District—At Fort Worth: T.
common law.
The game of baseball scheduled to-
ay between St. Edward’s team an
io Varsity nine has been postpone J
nt it next Tuesday.
9 Judge Calhoun of the fifty-third dis-
ict court dismissed a number of 11
porcee suits yesterday for lack of pro8.
eution. The jury docket will be called
n Saturday. _ _______
GEO. W. PATTERSON.
Undertaker and proprietor
RCLIPSE STABLES, OMNIBUS AND
SAGCAGE TRANSFER. FINE CAR:
AGES AND LIGHT LIVERY.
BOARDING HORSES A SPECIAETYe
jobber-tired hospital ambo-
NANCE. 108 .TO 116 EAST SEVENTH
Street, both phones 161.
ty court of Grayson county, Texas, on
December 24, 1901. against the Mi«-
souri, Kansas and Texas Railway
the new
I
into this partition, we can see no AP-
plication whatever of article 1690 to its
distribution. Here we have neither
children, nor brothers and sisters, nor
BAILROAD time card
1. A G. N. R? R. co.
I Effect Sunday, September 1». 1
Northbound Train,.
Arrive 10:30 a. m., 2:57 P. m-, 10:40
ST
^LIMITED
Houston and Texan Central.
Jn Effect Sunday, March 1, 1903.
Arrive from Houston 7:20 a. m., 4:30
m.
Leave for Lin no 4:45 p. m.
Arrive from Llano 11:25 a, m. '
Leave for Houston 12:01 p. m- 10:00
. m.
boats. An unsuccessful attempt to
wreck a passenger train which left,
here during the night was made by
placing a tie on the track. An Inter-1
national train service is believed to
be assured.
Texas railway. Henderson reported to
loyl friend forever.
The Britiah royal yacht left for
Gibraltar this evening and was e8-
corted twenty miles out to sea by
two Portuguese cru leers.
Decided March 4, 1903.
Motion for a rehearing
April 1. 1903.
that he had a car of cattle for Dun-
can. I. T., and asked him when he
could get out. The agent told him be-
tween 1 and 2 o’clock, and, after tel-
By Assoc late Pre®®.
Rotterdam, April 7. -At a meeting]
of 3000 dock laborers late last night It 1
was resolved to make common cause i
with the striking railroad men, but it !
was also decided that order must be
preserved so as to give the govern- |
meat no excuse for the adoption of.
harsh measures. One hundred men
were toiled off to net as pickets. With
instructions not 1o use violence.
Workmen employed in the building
trades threaten to join the strike.
BOARD OF DIRECTORD.
JOHN H. KIRBY,
ED. SEELING,
P. J. LAWLESS,
J. L. HUME,
OEO. P. ASSMAN,
A. J. ZILKER,
W. B. WORTHAM.
A. S. VANDERVOORT.
or grandmother. If there be no sur- i,- nr
yiving grandfather or grandmother. KING OF ENGLAND AND KING °‛
then the whole of such estate shall - SPAIN HOBNOBBING ON
go to their descendants, and so on SHIPBOARD.
without end, passing in like manner]
to the nearest lineal ancestors and ----•--
but did not stop at Ringgold. Hender-
sookand. P. 524: RI. Com., Book -
pge 206. If. as is asserted by the 17
prenie court in Howers va. Morrison.9j
Tex.. 1M: 30 SC, W . ML "the,
purpose of the aHlvk" (Art. 16951 Mw8
to declare under what circumstnuee
those entitled to the inherttance hoM
take per capita, and under what ED
tingencies they should take per StirPer
it is evident from the facts in this case
that the article does not applY M0r
furnish the rule for the distribution or
the moletv among the paterna,
of S. P. Emerson, for none of mein
come within the classes of degree or
relationship enumerated and desinal,
ea in Mid article Then, there buine
no surviving mundrather or-acanet
mother. Hits moiety of the estate K01
their descendants, and so oi W-tnou.
end passing in like manner jo -tI
nearest lineal ancestors, and their de-
acendants," u. is contended by ap"o1*
ants, 2 . .
Therefore the judgment of the —l8,
trlet court is reversed, and judgment
will be here rndered fixing an Ge7
i termnining the interest of each or me
heirs, named in our conclusion 9 m.
of S. P. Enerson, deceased, in 11°
seven-twelfths of his estate by dh Id’
i lug it into two moleties, one to go 10
1 the paternal kindred, the other to the
maternal kindred is made upon a per
stirpes basis, that is to say, eeehhean.
except Mrs. Jernigan. Inheriting his 01
her part through his or her respective
ancestor. Which judgment here ren”
dered will be the same as that rehdent
curred.
Henderson accompanied the
same. _ . ,
The judgment will be reformed ami u-.......
here rendered against appellant for the nal heirs,
sum of $360 with interest at 6 pencent ' "
per annum from September 12, 193-
As reformed the same is afirme:.
BOOKHOUT.
in the evening of August
The bicyele meet to be held this nf-
ernoon in the Driving park will be
Largely attended. A number of inter-
I Regained My Health
y USING DR DAVID KENNEDrS
FAVORITE REMEDY.
"I was very ill.
There scemed to be no strenstn left
k my body.
I was always tired.
Could sleep but little at night
My bowels were sore and much
oated.
. Suffered dreadfully from backache
in fact was in about as bad a condi,
on of health as one could be when I
ommenced the use of Dr. David Ken-
edy"s Favorite Remedy. It has done
ze a world of good as it has many
[hers I have recommended it to." -
, MRS. B. H. VAN BUREN.
s 164 Congress Street, Troy, N. Y:
[ If you suffer from kidney,, liver or
Rudder trouble in any form, diabetes,
Light's disease, rheumatism, dYSPeP-
a, eczema, or any form of blood dis-
Lse, or, if a woman, from the sickness
culiar to your sex. Dr. David Kennen
y‛s Favorite Remedy will make you
S Sruggists sell 11 in New 60 Cent Size
Kid the regular $1.00 size bottes....
B Sample bottle—enough for trial. free
fr. Dalid Kennedy Corporation, Rond-
I opt,,N. Y. ______________________.
son again went to the agent and asked
him about getting out, and was told
thene would be another train through
between 3 and 4 o’clock, which would
Henderson waited for |
The average woman has no earthly
use for a bachelor physician.
The Statesman. 60 Cent® a Month.
agent replied that he did not have any-
thing to- do with that and could not .. ... ........—
unload the cattle without getting or- daughter. Mrs. Elizabeth
dors to do so. He further stated that
he was doing all he could to help him
company of Texasv and the tn
Kock Island and Texas Railway -v-
pany, to recover damages for injuries
to a car of twenty-eight head of cattle,
shipped from Sherman, Texas, to Dun-
can. L T., on August 27, 1901. and for
overcharge in freight. The case was
tried and judgment rendered in favor
of plaintiffs against the , Missouri.
Kansas and Texas Railway company
of Texas for the sum of $140, and
against the Chicago, Rock Island and
Texas Railway company for the sum
of $360 damages and $30 overcharge
on freight. The defendant, the Chica-
go, Rock Island and Texas Railway
company has appealed the case, and
perfected its appeal.
The Statesmau. 69 rents a Month.
hurt. Tht dead
Mr. and Mrs. Mason Grifin.
James Orifn.
llepry O, MeCoy,
Frederick McCoy.
Miss Birdie Meoy.
C. C, oden, prominent pianten
Associate Justice.
Delivered February 28. 1903.
FOURTH DISTRICT.
No. 2682— Mrs. K. K. Jernigan el a>„
ADDellantn, vs. Ed. 8. Lauderdale el
al., Appellees; Appeal from District
Court of Dallas County.
w. P. Finley, Crane, Greer & Whar-
Ion. for appellants.
| Taylor & Coombes, for appellee.
them milked. The jury
sins in
GOVERNOR'S CADETS RECEIVEDIS
SPECIAL INVITATION TO EN-
TER COMPETITIVE CONTEST.
San Saba Stage Line,
eave San Saba............ 4:30a. m.
rrive Llano.........................
eave Llano................ 1:00 p.m.
.rrive San Saba............7:30 p.m.
Daily except Sunday.
D. F. HARLESS. Prop.
King carlos replied with like
warmth, saying that Ftigland could
count on Portugal being her true and
mon ancertor down to the more remote gtteoma,,
party; thus brother® ar® related, by The btp""
to have
found the
Interesting events SCHED-
I uleo to be entered dur-
ing THECCONTEST.
Elizabeth irion is dead, but left sur-
viving her one son and four daughteA,
J. W. Irion. Iva Harris, May Aden
Pearl Irion and Bessie Irlon Mrs. Lucy
Travis is dead, but left surviving her
three children. Lyttleton W. Travis,
Joe Travis and Lucy Harris. Lyttleton
W. Travis is still living. Joe Travis is
dead, hut left surviving him a daugh-
ter, Mrs. Anna Me El wrath. Mrs. Lucy
Harris is dead, but left surviving her
a daughter. Mrs. Emma Walker. Mrs.
Emma Walker is dead, but left surviv-'
ing her three children, W. La. Walker,
A H. Walker and Lucy Walker, hi
the case. then, of the maternal moiety,
of the said portion of the said estate,
when s. I*. Emerson died he left sur-
viving him one aunt. Mrs. E. K. Jernir
gun: one flrat cousin, Lyttleton W. cau v,„ .........
Travis: and nine second cousins, J. W. uncles and aunts, nor any relations of
Irlon. iva Harri,. Moy Aden. Peari - ■ "
lirion iessie Irlon. Anna neklwrath,
w. 1. Walker. A. H. Walker and Lucy
we so nd. walker. With respect to the paternal
Conclusion, of Law—Appellant pre-lmotv the tacts of kinship were an
senta various assignments of error as- I follows: The father of 8. P. Emerson,
sailing the charge of the court. Welarcensed namely. Plea, Emerson, had
have carefully examined these seyerutTihrezsiters. Mrs. Mury Wheeler, Mrs. .
assignments of error and are of theTulia Wheeler and Mrs. 8us.ni Emer- 11
opinion that they are without merit. [' Thev are ench dead. Nirs, Mary r
Th.- complaint that the charge author- 1 Wheeler surviving her a son, M. H. '
ized a recovery by Plaintim for dam-lWheeler Mr, Julia Wheeler Tert sur-
ages to the rattle while in the,.PoB:1W"neher five ehidren, Mrs. suxie
Perred to the Chicago, Rock Island and land 1 F. stinnette Mtuna her two
exas railway. The Chicago, Rock loon la dead, but ,p" 8urVIV18 her two
Inland and Texan Railway company sons. William Emerson andLJoe.Fmer:
ovns the track from Ringgold to Ter-son. wiam Fmerson isdead.but left
til I. n. where it onnects with the luurvfvlng hlin nix children. 1>. A. Emor-
entcugo. Rock Inland and Pacific rail- son. John (1. Emerson, a ry 1 Button
way, which last named road extends I James C. Kmerson,-W •F Fmerson ane
north through Duncan. After the carida Wilson, Joe Emerson1,18 dead but
was placed in possession of the Chi-heft surviving him two children. Mattle
cago. Rock ieland and Texan Railwaykinslow and John Htersot.
company at Ringgold it was made a it will be obherved from these fact,
part of one of defendantstrains and that the heirs of ‘be deceaed on the
transported to Duncan without any I paternal side are five Drst cousins and
change nt Terral. I 1, either in thew ejve gecond cousins.
train or crew operating the train. The ohelusions of Law It is conceded
charge of the court restricted a re-L notA parties that the portion of the
covery against appellant to the ’1am-1’* f to be distributed should be di-
ages .sustained by the cattle while inIiuaq nt. two moletses, the ore to go
its possession. The evidence does not J 1"6 1 J u ana the other to the
dlsclose Hint any damake was donetottate"kinard" The quemlon Is. ar
the turtle while being transported byimatnnixi divided per capiin or
ihechicago. Rock .inland ana Pacine Ithe moloti "2"tetween the heirs to the
...................................................
inThingpanddelerminlg the traction-
it to tl
Lumber
urt fro
irried. 7
in the district court yesterday the
ase of Mary Jane Lee vs. H. B- Ford
I t al., was dismissed at plaintin 8
ost.
Strike Seems Weakened.
By Asyoehated PrnBp.
Amsterdam, April 7. A humber Of I
the employes of the Netherlands rall-
road returned to work todAy, enabling
i, continuance of n restricted service.
ment. The cattle left Sherman over
was also loaded in the car a cook stove. I 2
small buggy and boxes of household1 This suit originated on motion nieu
goods, the same being partitioned off by appellants and other heirs or te
from the cattie. I estate of S. P. Emerson, deceaseda in
The agent of the M. K. & ‛P Ry. Co. i the county, court sitting for probate
at Sherman gave the plaintiffs a rate purposes, against Plana WitherPoo
of $40 for transporting the car to Dun- and G. E, Wheeler to partition seven-
can. After the car was loaded, the twelfths of the estate of S. P. Emerson,
K. & T. Ry. Co. pre- ; deceased, among them, plaintiffs as
--------- • "e- I well as defendants. The contention of
- — •—......— — ---- .plaintiff, was that such part of the 8-
of which contract the carrier, t should be partitioned and distrib-
- for damages .was limited to uted upon a per MIrpes basis.
The defendant,. Diana Witherspoon
and z. E. Wheeler, answered the facts
plead by plaintiffs, which are recited in
our conclusions of fact, but contend for
partition and distribution upon a per
capital basis.
N STATESHA
IMj" .
27. 1901.
I Dr. David Kennedy’* Rose Jelly rad-
ial cure Catarrh, Hay Fever and Cold
hudOc____________COURTS OF CIVIL APPEALS.
= Atl2"r‛chlepeonankkTafama‛aHlajapscmtsamhartamharnfnep"oPatna:
I mother. He did, however, leave sur-
j viving him one aunt and the descend-
’ants of two other aunts on the mater-
nal side, and the children or descend-
ants of three aunts on the paternal
aide. In any event, then, the seven-
twelfths of the estate of 8. P. Kmerson.
deceased, to which his heirs at law
were entitled, would be divided into
two moletie,, the maternal moiety and
1 the paternal moiety. With respect to
! the maternal moiety the facts of Kint
I ship were a, follow,: The mother of
take him out. Henderson waited rors p Emerson, deceased, namely. Oney
this train and it came and passed 1 Randle Emerson. Had three sisters,
through Ringgold without stopping. SrN E. K. Jernigan. Mrs. Tabitha
He then called on the agent and asked Walters and Mrs. Lucy Travis. Mrs. E.
ilm to unload the cattle so that heK. Jernigan is still living and partiei-
" ■ ’ .....-— " mated in the partition and distribution
of the said estate. Mrs. Tabitha Wal-
ters is dead, but left surviving her a
*”■ ' Irion. Mr*.
Elected Officers.
tSorh AuspnacooranuandiErota
rormaly elected the officers placed in
entitteone-elehth [he ^id hherena
the entire ticket as promulgated wan
formally inducted into office.
m., 12:15 a. m.
Leave 10:35 a. m.. 3:00 p. m- 101
ceused eceOb,A ........,
degree alone come into the partition, i
they shall take per capita—that Im to 1
xay, by persons; and when a part of
them being dead and a part living, the •
descendants of those dead have right
to partition, such descendants shall in-
herit only such, portion of said prop-
erty as the parent through whom they
Inherit would be entitled to it alive:"
' Relations of the deceased." what-
ever may be the degree of relation-
ship. can only come into partition of
a descendants separate estate by in-
heritance. either under artivle 1688.0
article 1689. Revised Statutes, the
former providing for cases where the
intestate leaves no husband or wife,
the lattf for cases where the
tate leaves a husband or wife. L he
former statute, and only so mm h of it
as we have quoted, is, of the
only one applicable in this case. When
they come into partition of an estate
inherited under either statute, article
1693 provides who shall iake per
capita. "They are the intestate 8 chil-
dren or brothers or sisters uncles and
aunts, or any other relations of the
deceased standing in the first and ,
same degree alone." Conceding that (
the seven-twelfths of 8. P. Emerson * ,
estate should have been divided into
two moletles, one to go to hl, mat
ternal. the other patrnat heirs. it
seem, ns the intestate left surviving
’ him an aunt and the descendants of
1 two other aunts on the maternal side
that the distribution of the maternal
r hiolety. might be governed by the pro:
' Vislous of this article, but As the re-
, \ult ap to the distrilut on in this cane
wouta, without regard to it. be the
same as under article 1688, It is not
necessary for us to pass upon the
question, If the estate were not divid-
ed Into moletles, and no diatinetion a
lo its distribution made between the
maternal and paternal heirs, there be-
ing one aunt and the descendant, of
nve others, and arucle 1696 were 6
control the distribution, the resuit i
this particular case would bo the same
n, it would be if the method of dis-
tribution contended for by.the appel-
Innis were adopted. But as Itincon-
ceded by the parties, and we think co -
rectly. that the estate was properly
divided into moletles, this I, a matter
of no pertinency to the question under
conrjderation.
m., 12:20 a. m.
Southbound Train*.
Arrive 4:05 a. m., 6:00 »• m- 5:6
m., 8:58 p. m.
Leave 4:15 a. m. 6:10 a- m- 5:7”
. m., 9:00 p. m.
In the county court judgment wax
rendered in accordance with plaintiff®
The next morning they were contention, which upon appeal to the
again loaded and transported over;district court was set aside and judK-
said defendant’s tracks to Hay’s yards, ment there entered in consonance with
where there was some switching done, the contention of the defendants. From
and from thence to Whitesboro, where this judgment M. B. Wheeler, D. A.
’ hat ----- au from Emerson. John C. Emeerson. Mary F
______ _______ ' -h- Butler and her husband. B. F. Butler.
ed about 2 o’clock. Here a train was Jas. C. Emerson, W. R. Emerson: Ida
made up and there was much switch-t Wilson and her husband. Geo, Wilson,
ing and rough handling of the car, and Mattie Kinslow and John Emerson
- ” ----- “------- ’ —" have appealed.
e car. Fiun uaeavE Conclusions of Fact—‘When ,S. P-
transported to Ringgold, reach- Etnerson died on the 16th day of Octo-
-...... her. A. D. 1900. he did not leave sur-
viving him a wife, or child, or children.
Agracably Surprised.
Groots Lee. city enineer-elect WAN
serenaded last night by his friends.
The serenade came in the nature of
an agreeable surprise, inasmuch as h‘»
expected no such demonstration. It,
however, was much appreciated by
him, which he showed by inviting tho
serenaders in to a tasteful luncheon,
which was gotten up impromptu.
their descendants.”
rm £»»“«£ "a
kme ax on his arrival here. King
Edward and King Carlo, recelyea an
ovation along the whole route follow-
ed. Their "lay barge was 0801108
by an enormoua floQila of boat, med
with cheering people.
King Caylos lunched on board me
Victoria ana Albert and «tterward
King Edward proposed the health of
ihe king of Portugal. In hi, spcedt
he expresmed bl, thanks for the affec-
tionate welcome extended to him nod
spoke in the warmest terms of the
ciendship exinting between Hie two
natlons, "which ahull continue to walk
together in the paths of peace, proK-
resa and civiliz.tiow. for many cen-
iuries. I think we have ahown the
world that our object I, to estonsn
an efficient government in all our
possessions. My country haz but one
wish, to uphold the honor of the ting
and maintal it, colonic, without en-
eroaching on the poseasions of ot-
the deceased standing in the first and
same degree alone. It I, idle for u”
tn xpeculate a, to the purpose of the
lexislatute in amending article 1632,
Nevised statutes, which, up to Marell
25 18X7. had been the law from March
18. 1868 (O. ana W. Dig-, art. 350; l'as:
Chai's Dig. art. 35241; and, we might
-ay in effect, the law since December
18, 1837 Hartley'. Dig, 5834. Home-
time, the ways of the leglgtature. like j Warship at Hand,
those of the supremelawgiver are layAsnocIated Pre.
inscrutable and past finding out. It ] Rotterdam. April 7.—The warship
is sufficient for us to Kn9W that thelyonane is moored off the town and
amendment was made, and by the aw 1000 soldiers have arrived here. The
changed. It would be eduy futile Eoririyer is being patrohled by "team picket
us to attempt to interpret the full Eta An tinsuccesafui attempt to I
stope and meaning of the clause or
. any other relations of the deceased
- standing in the first and same degree
alone,” nccurring;in th® stntute as
amended. However, we can not, as did
he district judge, had before it Was ---
amnended. The amendment would haveehe Statesman, 50 Cent*
never been made had the legislature --- -
contemplated no cltange, in the law,
if the clause is menningie8s or SWr-
plus Ige, then the article provided only . . v.,-.. i
for a partition when the int state® Says He Never Even.Head.o’ Y *
vhfld%«b or his brothers or Nisters, ”r tan Railway Properties
his uncles and. aunts, come into par- iti
tition it is easier teli what the By AtMciated Pres®. ggnelyac:
Elun doe, not mean Ihan What ” - New York Aprit.TcncBpxott109
--2 ne
recokoning degreen of collateral kin-
second and
the third.
son and O. G. Gattis were the owners
of twenty-eight head of cattle, said
cattle being at Sherman, Grayson
county, Texas, and which the owners
desired to have shipped and trans-
ported to Duncan, I. T. Some of the
cattle were milk cows fresh with calf.
The cattle were loaded on one of de-
• fendant’s cars at Sherman. There
II. Conner, chief justice; Ocie Speer,
associate justice; I. W. Stephens, as
sociate justice..
Third District—At Austin: H. C.
Fisher, chief Justice; W. M. Key, as-
sociate justice; Sam Streetman, a859-
... ____ ag Ul 1 u- 1 i
catan A member of theHarrimanil .
nlw, adopted by ihe eynaicatenegd.he had nevor heara
reckon from the corn- ibeve prop__1 .4.4. - - • General Blanco, Mexican commission-
ceyeg a < - er. regarding th? report that monu-
.a. 8.- A mentA along the boundary line have
, dvernmeut, been moved.
Wring entmiesNave" been made and a Ringgold. The next morning the rar
Veil a»»»ned program arranged. A left Ringgold about 8 o clock and was
... . -hm transported by the agents of the Chi-
cago, Rock Island and Toxas Railway
company to Duncan, where it arrived a
At a meat I ng last night of Company
Lq avex Sroncedetsproaternvof1n l yo1 ivac ’;^Cwlwre MUH Baten,
8an Antonio tattle of tiowe"s Io 5 svestiitor for that orsanikuton, may
held In that elty on Han Jacinto day.be round.
n-quoatlng the preence of the couml Through the courtnay. of the neW. t< -
pany to enter the compeuiive arit ephone compuw. » phone lout beon
which I, to be a reature of the affair.’etaUed in the office, and Rhe may now
Thia drill I, to be bettpeen companten be reached over new vhone. number
from austin, Luling. Victoria, New1664.
Brauntels, San Marcos and San n-i Those who have clothing they wim
tonto, and will be for a prize purse, to give to the socleties may rin8 HP
There will also be individual drill. the pollee station and a city curt will .
Company L will accept the invitutlbe sent out to bring the bundle in.
tion and will enter the contest full, The asoation l» in need of women
of assurance of winning the prize Ard ana children'® clothing, especially, but
carrying off nil the honors on the OC"/win) gladly accept anything that is
casion. In years gone by the Dover- , given,
nor's Guard, predecessor of the Fa-' ---------——-
dets, captured many a pennant and
prize, and the dompany will endeavor
to make this no exception. For evo-
lutions and tactics the boys car not
be surpassed, as has been deionstratt {
rd times without number when they
won on those acomplishments alone..
Personnel Appellate Court of Tout,
supreme Court—Located at Austin.
R. R. Gaines, chief justice; T. J
Brown, associate justice; F. A. Wi-
Hams, associate justice.
court of Criminal Appeals—Peripa-
tetic, sometimes Tyler, Dalia*. Austin;
W. L. Davidson, presiding judge; Jna.
N. Henderson, associate judge; M. M.
_________ the
agent of the M. n. ce a. »»/. -y.
seated a written contract to Hender- i
son to be signed, which he did, by the
terms of which contract the carrir—’ ■
liability ... -------
the road upon which the damages OC-
and many more are going 1o do hke-
wise. Booklet® that will help you to
plan your vacation trip have been ‛u-
xuea for those interested, and will be
•ent on receipt of postage, n» follow®:
No. 3917.—Chicago, Rock Inland and
Texas Railroad Company. Appel-
lants. vs. W. P. Henderson t.
Appellees; Appeal from Grayson
Sose, . U
ft J C. Petmecky is in charge of the
Lfair. and with his well known ettert
^y, will stop nt nothing to insure its
uccess. The program was arrangei
y him and he will see that it is carried
ut as arranged.
' A girl isn't ashamed of her old shoes
f she has small feet.______
Che Statesmnn, 60 Cents a Month.
Trains run through sf'
chtnte, consl8((n* o’<,Xi'”;
Palace Sleeping, 6 n certein
Chair and Cg to have Kohler
LEAV.‛.-
-unary Conforence.
4*0, Tex., April x. -General
Btntes bounary
th
veil assorted program arranged
eature of the evening will be the mo-
bprcycle race in which somethin hke
1 ve contestants have been emtered.
he distances will be half mile, one
Sile and five miles. Among other en-
Sies of interest will be several nues
t anging from three-quarters to three
lles participated in by local whefit
mien. .
1% The track has recently been put >n
flrood condition, several days' labor
Waiving been expended for that pur-
LATEST COURT DECISIONSE-S-is
_______ ___________—-------- I the paternal; and that the partition I
. . . ana aistribudor of rach moiety amorg ।
there was no error in J "* the the materal and tatenml kitdred, re- ,
specla charge requested by the appel- speetively. shoula not be made upow a ■
lant . .. . . tar r apit basis, hut upon a per stirpes ।
Complaint is made of the xerdiet. ofbasis. That i» iqsay, eaca heir. ex. .-Id
the jury as not being, xumcient to SUP. Mr r k Jernigan, ahoula take hi. or
pore the j dgmnent"The.xerdictreadzhe"
ihta: "WS ‘h* Jury, nnd ror , the r^^tac "auestor, on the other hand,
plaintiff, W. p- Henderson, axainsh.ththe contention of appellers la that the
Mlsaourl. Kansas and Texas Ranlwax seven-tweiniha interest of the estate
Company ot Texas the sum of 310 or decedent should be (us it was by the
damages, and further find for the [aistniet count divided Into two mole-
Plaintiff. W. P. Henderson. saxainst ' ' tieg one to go to the internal and the
enic ago, Kock Island and Texas Rail- other to the maternal kindred: thus
way Company of Texas the sum of constituting two separate and distinct
$360 damage®. We further find for the estates, the bas3 distribution to say
plaintiff, W, P. Henderson, against tne one no wav affecting the basis of dis-
Chicago, Rock Island and Texas Ran- tribution in the other.
road of Texas, the sum of $30 for ov er-1 Under either contention the result in
charges on car,” Signed G. G. French, the distribution among the heirs on the
Foreman. Upon this verdict a ,JUd8maternal side would be the same. In
ment was rendered in favor of both fact, there is no difference in the dis-
Plaintiff® and against the Missouri, tribution of the maternal moiety in the
Kansas and Texas Railway Companydistrict court from that made in the
of Texas and appellant for the resHeet countv court. And as none of the PAr-
tive amounts found against them. The | ties complain of the decree of partition
suit was by W. F. Henderson and O. as to that half, it may be considered as
G Gattis as plaintiffs. It being alleged properly distributed, and, except inci-
that they were the owners of the catt dentally, no further notice need be
; tie. The evidence supports this allegdiitaken of it. Practically, the real con-
tion. There was no issue raised A8.t0 tention is in regard to the partitiot
the join ownership by plaintiff® ol te I among the paternal kindred. As Stated
cattle. We are of the opinion that 1heby the trial judge, the contention upon
verdict settled the Issues between thevthe part of appellants is that the basis
parties and in the light of the plead- of the partition of the moiety of the
ings it possessed the essential requisnestat to which the paternal kindred
Ites of certainty and intelligibility. R. are entitled should be the number of
S. Aris 1265 and 3269. Cook vs. De Lasthe palemal nunts from whom thssur: -xi ircut court
Garza 9 Tex. 360. viving kindred are descended, and that, edm the counts cout
Complaint is made of that part of the therefore, the descendanta ofteach aunt
judgment allowing plaintifs $30 for are entitled to one-third of this moiety.
.ppe.- overcharge in freight. When the car land should divide this one-third
et al. reached Duncan. I. T., the agent of the among themselves per stirpes."
------ Chicago, Rock Island and Pacific Rail- That "the contention of appellees is
way company at that place would not that the basis of the partition of this
deliver the car unless plaintiff pair $79 mlety should be the number of Pater,
freight. Insisting that the household (nal cousins, and that, therefore, each of
goods contained in the car, under the the five surviving paternal first cousins
usual rates, made the freight charges is entitled to one-eighth, and the e-
amount to that sum. The plaintiff paidseendants of each of the three det
the 370 under protest and sought to re- ceased cousins are t........- -.....o;- -
cover back >30. the difference between and should divide this one-eighth
the amount paid and the rate given him among themselves per stirpes.''
.. ---- by the agent of the M., K. and T Ra: In support of their contention, the
of Texas, and the Chicago. ' com ■ at Sherman. The jury' --------- ------------
nd and Texas Railway com- Nona PoF plaintiff in this amount
axainst the Chicago, Rock ieland and
Texas Railway company. Thia wag
error. The said sum was not collected
by that company and the record fall* to
show that it received any part of the
for appellant,
J. W. Finley, for appellee.
Bank* i
4
LIttle journey® to Northern lake re-
sort® will be more popular thia summer
than ever. Many have already ar-
ranged their summer four® via
City n
L lect
total vo
per.
W. B. WORTHAM, J. L HUMG,
—THE,
I. WEDNESDAY, APRIL 8, 1903.________
the canon law mode of computation,
first degree, first court 8 *“
* ‘ third CoM"
and fourth I
olicable to ana governs the descent and I p. . Daita Thet. Conferred Degree on
distribution of the estate, and that ar- Phi D*' * L NgH"
tide 1695 la inapplicable thereto. Two Candidate, -ao o a
on the contrary..the appelleestmaiua The pn Delta Theta held an inita-
tain that article 169a (a applicabie andlucTheontuttat" their roma. The
touia govern and control in he diatri- tOnailattestteidea 1 th- society
buton of the estates among the pater- were A H Titus of Ban Diego, Cal.
secton 4, of arttcle 1699 iana fol- anandenlemtuiortcihatcMiy wer
lows; "If there be none of the kiu:lorThomonaoen addldion. Hon. Tom.
dred aforesaid, then the inheritance J."* *( APorensor Eno and Hon. J. A.
shall be divided Into two moletles. on.
of which shall go to the paternal and! ■ ■ the initiation a royal banquet
the other to the maternal grandmother served.
In equal portions, but if only one of _______- , ,
these be living, then the estate shall be
divided onto equal parts, one of whienInAUarv arrnouAnerC
shall go to such survivor, and the other RUYAL I I INIEhUhANOCd
shall go to the descendant or descend- " 1 nu’
ants of such deceased grandfather or ANArMITICC AE I ICC
grandmother. If there be no such de- AMENIIIEd Ur LIrL
scendanth, then the whole shall be in-
herited by the surviving grandfather I ----.—-
t Fresh Jersey Butter received daily.
NTry our "White Clover" Honey.
8 l-2c, in jars or bulk.
S Swift Premium Lara, Hams and
Breakfast Bacon. . ,
S lb. parched Mocha and Java.....32
Bib. fresh parched Rio Coffee.... •1
gal. 75 8. H. Nolasses...........32
R Fat Mackerel.............
'ran Broiled Mackerel.......;••••
U bottle Vanilla and Lemon Ext.. •
[ 11 E. SIXTH ST. BOTH PHONES 229.
’ THE WABASH LI1«^
dide and Destruotion
Has inaugurated through daily train sery"That in Arkanene.
between St. Louis and Minneapolis PKted P„ „
Paul, in connection with the lowa} rmtnghnm, Ala., April 8,—without
nn -a MinnAanols St. Lou; Word of warning the little hamlet of
en"-ne-ainAetPvmD- Hopewen, forty miles north ot thia
city, an one mile from Ianceville,
was swept away early this morning, by
a cyclone which cut a path of destruc-
tion a mile wide find two mils long
aroxs n prosperous farming section
of Hlount county. Ten persons wer
natnntly killed, three or four fatally
injured and a score of other* eerlouslv
- -BRES
nothing else will.
Sloan's
Liniment
25cents J
ALLDRUGGISIS 48
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The Austin Statesman. (Austin, Tex.), Vol. 32, Ed. 1 Wednesday, April 8, 1903, newspaper, April 8, 1903; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth1454662/m1/3/: accessed July 3, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; .