Southern Mercury. (Dallas, Tex.), Vol. 17, No. 40, Ed. 1 Thursday, October 6, 1898 Page: 3 of 16
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October 6, 1898.
THE SOUTHERN MERCURY.
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ther the United States nor the State
01 Texas had any valid claim to ft, yet
it seemed more appropriate that it
should be placed in the State treasury,
as any other claim or claims which
might be entitled to payment from
that fund would have to be approved
by the State government, and even af-
ter all payments and a small amount,
if any, remained, the pro rata dis-
tribution of which to the claims paid
should be impractical,Texas would have
a better right to it than the United
States for the reason that it is of a
fund which had been awarded to her.
In 1870 Comptroller Bledsoe called
attention to a balance, which he then
supposed to be about $200,000; how
nearly correct it was at that time I
can not say. In the reports of the
comptroller, Stephen H. Darden, for
the years 1874 and 1876, from informa-
tion derived from the treasury depart-
ment at Washington, attention was
called to a balance of $101,113.27,
which, no doubt, was correct at that
time and corresponded with the
amount appropriated by Congress in
favor of the State and paid into the
treasury by Gov. Culberson.
What was the balance at the time
of the appropriation by Congress after
payment into the treasury by Gover-
nor Culberson above alluded to? I
answer, $56,113.27. Since the report
of Comptroller Darden (1874-1876), to
which allusion has been made, a claim
for $45,000 has been approved by the
Legislature and paid by the United
States. I allude to the Thomas Toby
claim. Mr. Toby was one of the first
and most steadfast friends of the Re-
public of Texas. He advanced money,
furnished supplies and in many ways
rendered valuable aid to the Republic.
When Mr. Toby presented his claim to
the auditorial board for approval he
asked for interest on his account,
which the board did not feel authoriz-
ed to allow, and he withdrew his
claim. Of course it could not be paid
at Washington), because not audited.
Mr. Toby became financially involved,
his health failed, business negelected,
and he died before his claim was ad-
justed, and thus it remained
until brought before the Leg-
islature (1879) by ex-Comptroller
James B. Shaw, agent for the Toby
heirs, for approval and payment. The
Legislature failed to dispose of the
claim and it was presented to the sev-
enteenth Legislature in 1881. I had
told Mr. Shaw frankly that I did not
think an appropriation ought to be
made from the State treasury, called
his attention to the balance of money
which was set apart for the payment of
such claims as the proper fund from
which the claim, if approved by the
Legislature, should be paid. I was
called before the committee of the Leg-
islature having under consideration
the claim (my term of office having
expired, I was not then comptroller),
explained the condition of the balance
on hand for the payment of such
claims and suggested that if the Leg-
islature should approve the claim that
the payment be made from the bal-
ance. The claim for $45,000 was, by
joint resolution of the Legislature, ap-
proved, provided that the payment
should be made from the balance above
alluded to.
The resolution also requested the
State's representatives in Congress to
aid the heirs of Mr. Toby, by bill or
otherwise, to secure the payment of
the approved claim. (See general laws
Seventeenth Legislature, 1881, page
132.) The claim was paid, the appro-
priation for $45,000 being made by
Congress Feb. 14, 1883. (See United
States statutes, 1883.) This payment
reduced the balance from $101,113.27 to
$56,113.27, and as Texas does not de-
sire, nor can she afford to retain that
which has been erroneously paid, it
will be in order when the Legislature
convenes for the governor to recom-
mend an appropriation for $45,000 in
favor of the United States.
As to the attorney's fee fen: obtaining
the appropriation for the State, which
seems to be creating some interest, I
know nothing, do not know that there
was a contract or promise of any kind
whatever, and do not wish any contro-
versy about it; but as it might be ex-
pected that I should, in connection
with what I have written, express an
opinion relative to it, I will simply
say that while, possibly, it may be le-
gitimate for any attorney to accept
any and all fees tendered, I fail to see
the necessity or the propriety of the
State paying a fee to obtain an appro-
priation or act of any kind by Con-
gress when she has thirteen able law-
yers, members of that body, to repre-
sent and protect her interests. I can
not understand how the idea for the
payment of a fee in such a case, how-
ever small, could be for a moment se-
riously entertained. It must be a joke.
STEPHEN H. DARDEN..
CULBERSON'S STATEMENT.
Austin, Tex., Sept. 26.—Governor
Culberson gave out the following state-
ment to-day:
On Jan. 30, 1873, when the act of the
Texas Legislature was approved di-
recting the comptroller and governor
to collect the indemnity from the Unit-
ed States, the books of the United
States treasury department showed the
unexpended balance to be $101,113.27.
As shown by the telegram from As-
sistant Secretary Verderlip, recently
published by me, the above sum was
covered into the treasury June 30, 1877,
it being the balance of the $7,750,000
appropriated by the act of Feb. 28,
1855, and could not be drawn out ex-
cept by an act of Congress.
In July, 1897, when this matter was
being considered and when the con-
tract was entered into with Messrs.
Hogg & Robertson, the above was rep-
resented to be the condition of this
fund by the Secretary of the Treasury,
Gage, in a letter signed by him. Re-
cent examination by me shows that
this is a mistake. On 1882, after the
sum named was covered into the treas-
ury, a favorable committee report was
made in the House of Representatives
on the Thomas Toby claim, amounting
to $45,000, being a claim provided for
in section 1 of the act of 1855, and it
was paid to the heirs by special act
of Congress approved Feb. 14, 1883.
(U. S. satutes-at-large, 1882-1883, p.
108.) The Toby claim was acknowl-
edged as just by the Legislature of
Texas by joint resolution, approved
March 30, 1881, and it was therein ex-
pressly provided that the payment
thereof by the United States would be
accepted by this State as a credit on.
the claim or all claims against this
State, which was done. (Laws 1881, p.
132).
Instead of a balance of $101,113.27,
it only aounted to $56,113.27, and con-
sequently the amount of the Toby
claim, $45,000, -should be refunded to
the United States, and no doubt will
be promptly done by the Twenty-sixth
ication with Messrs. Hogg and Sayers,
who had charge of the matter, since
this information came to me, but it is
to be presumed they accepted the
statement of Secretary Gage and were
thus misled as to the amount of the
unexpended balance of the fund.
The contract with Messrs. Hogg &
Robertson did not name the amount of
the claim, and, in my judgment, the
fee to be paid should be based upon
the sum really due and finally retain-
ed by the State.
They Tell Friends.
News Notes.
Revs. Sam Jones and Joe Jones will
opened the campaign' against his Sa-
tanic majesty in Texas Oct. 1.
E. J. Roberts has assumed control
of the editorial department of the
Sherman Courier.
The people of the United States pay
tribute to over $8,000,000,000 of false
railway values.
The Populists of Illinois have nomi-
nated a day laborer for superintendent
of education.
The Republicans of New York have
nominated Rough Rider Roosevelt for
governor.
Memorial services were held in Aus-
tin on Sept. 26 in memory of Miss Win-
nie Davis.
The Populists, independent Demo-
crats and Republicans have put out an
independent ticket in Brazoria county
to break the ring.
A frightful wreck occurred on the
Houston and Texas Central railway on
Sept. 27.
Lieut. Hobson has succeeded in sav-
ing the Maria Teresa, which will now
be added to the American navy.
The governor has offered a reward
for the capture of the unknown mur-
derer of Eugene Thompson, who was
killed at Jacksonville, Cherokee county
about 10 days ago.
At Vernon, on Sept. 26, the jury in
the case of G. E. Morrison, charged
with the murder of his wife, brought
in a verdict of guilty and assessed the
punishment at death.
The south-bound passenger train,
which left Dallas at 9:20 a. m., went
through the bridge at Chamber's creek,
which was weakened by the recent
heavy rains. The injured are: G.W.Da-
vis, (dead) Oak CluffjL. A.Daffan, divis-
ion superintendent, seriously injured;
R. D. Berry, division freight agent,
badly injured, and others.
The attorney general has ruled that
under the act of 1897 county treasurers
are not entitled to commissions for
collecting and disbursing the available
school fund, and of course there is
dissatisfaction in the camp of the
purse holders.
The ashes of Columbus have been
carried back to Spain. On the morning
of Sept. 26 the official exhumation of
the remains of Columbus took place
in the presence of General Blanco,
Secretary Govin, the civil governor,
the Bishop, the dean of the cathedral
and other authorities at Havana.
The Fame of Dr. Hathaway A Co. Ia Spread
by the Voice of Grateful Patients.
THEY all tell their friends, • The victims
• who have been oared of Chronic, Nervous,
Private and Skin and Blood disorders are,only to
glad to tell others of how it was done. That's how
the medical practice of
Dr. Hathaway A Co. has
grown to such vast
proportions That's
why they have moro
oatlents than any other
specialists in the land.
They oure them all
and each in turn be-
comes a living adver-
tisement.
Among the specialties
of this renowned firm
are Rheumatism, Cat-
arrah. Skin and Blood
Disorders, Piles, Kid-
rey and Bladder '1 roub-
les, Nervous and Wast-
ing Diseases and Un-
natural Discharges,
Stricture. Varicocele A
Female Complaints.
Consult free. Mail treatment by sending
symptom blanks. We guarantee to cure every
curable oase. Call or write to DR. HATHAWAY
A CO. 209 Alamo Plaza, San Antonia Texas.
Mosse, the heroine of the Chambers
Creek wreck:
"In behalf of the employes of the
Houston and Texas Central Railroad
cmopany, those injured, and the train
crew, I desire to express the heartfelt
gratitude and admiration of Miss Mae
Mosse of Denison, Texas, who so hero-
ically came to the assistance of the
injured in the wreck at Chambers
Creek on yesterday.
"This plucky young woman waded
in water up to her waist and saved the
life of one of the passengers by hold-
ing his head out of the water while he
was unconscious. Miss Mosse is the
'Uncrowned Queen' of the Houston and
Texas Central Railroad company, and
if the employes can ever serve her
in any capacity we will deem it an
honor. ¡
"Each and every one of the em-
ployes of the road, and those injured,
beg to iremain always her most obe-
dient servant, who kisses her hand.
"John Day Daffan."
CATABBH CAN BK CUBED.
in 111"'1! Í8 a kindred ailment of consumption,
long considered incurable: and yet there is one
remedy that will positivdly cure catarrh in any
Slid hv Sfo'i .For. years tins remedy wall
Fhiwu/ ii ji Stevens, a widely noted au-
íí ¿ í& diseases of the throat and lungs.
Having tested its wonderful ourative powers iu
s °f 9*808, and desiring to relieve human
frnm ritB ! h* Í fr®eof charge to all sufferers
dUi^LM^ #M ^*1 *>' Consumption, and uervous
diseases, this recipe, in German, French, or Eng-
lish, with full directions for preparing and usina
Sa¿eíyw1Ui1 ,vdre89i<S^'iWith ,tamp' n*mi"K «>'
ga^er, W. A. Noyes, 92C Powers liloek, Rochester,
James G. Blaine, son of the dead Re-
publican leader, has been dismissed
from the United States servioe for
common drunkenness.
$100 REWARD, $100.
Miss Mssse's Heroism.
The Houston and Texas Central rail-
way employes have paid the following
tribute to the heroism of Miss Mae
The readers of this paper will be
plenstd if. learn that there is at least
one dreaded disease that science has
been able to cure in all its stages, and
that is cauiirh. Hall's Catarrh Cure
is the only positive cure now known
to the medical fraternity. Catarrh be-
ing o constitutional disease, requires a
constitutional treatment Hall's Ca-
tarrh Cure in taken internally, acting
direct*:/ upon the blood and mucou'i
surfaces of the system, thereby de-
stroying the foundation of the disease,
and giving the patient strength by
building up the constitution and as-
sisting nature in doing its work. The
proprietors have so much faith in its
curative powers, that they offer One
Hundred Dollars for any case that it
fails t ocure. Send for list of testimo-
nials. Address,
F. J. Cheney A Co., Toledo, O.
Bold by druggists, 75 cents.
Hall's Family Pills are the best
'?>Tv A. ' ■ - T.,. ■, . .
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Southern Mercury. (Dallas, Tex.), Vol. 17, No. 40, Ed. 1 Thursday, October 6, 1898, newspaper, October 6, 1898; (https://texashistory.unt.edu/ark:/67531/metapth185773/m1/3/: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; .