The Galveston Daily News. (Galveston, Tex.), Vol. 54, No. 113, Ed. 1 Monday, July 15, 1895 Page: 4 of 8
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THE GALVESTON PAILY NEWS. MONDAY. JULY 15. 1895.
H
h
ThcJiujUjEcuis
A. H. BELO ft CO., Publishers.
Also of The Dallas Morning News, Dal-
las. Tex. ... -41 .
Distance between the two publication of-
fices—S15 miles.
Entered at the Postoffic
gscond olas? matter.
' at Galveston as
Offlc* of Publication. Nos. 2108 and 2110
Mechanic street, Galveston.
F.»it«rn office. 90 Tribune Building, New
York.
with
lonal
the th
by th
of for
of ofi
tall
ith
recent
powers,
be held
of the farm This will be the fourth
rm thi
-ill pi
this
up the water used
m Cow bayou. Th'
ind clear. The water
ilt and is not hard on
; GLOVE CONTEST LAW
the
Press
•lightest
overstep the pres
itorial criticism,
that Japan needs
most as much as
sign of an intention
cribed limitations of <
From all Phis it appei
a civilise*! libel law
Texas does.
average war correspondent writes <
received for his work so much
.*2 00
. 1 00
&0
IfcKHs OF M'BSCIUPXION.
DAILY.
PER <5
ONE MONTH »> «
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SIX MONTHS (by main » J#
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Specimen copiis sent free on application.
MONDAY. JULY 15, 1805.
Tin: M.Ws' 1 RAVELING AO! NTS.
The following are the traveling repre-
sentatives of The Galveston No.irs and The
Dallas News, who are authorized to solicit
and receipt for subscriptions and adver-
tisements for either publication: C. H.
Cox, H. P. Slmonds, J. A. Sloan, T. B.
Baldwin, C. S. Dulln, Tom C. Swope, Ed A,
Qebhard and W. D. Ward.
A. H. BELO & CO.
June 17, 1895.
TO OLD PATRONS OF THE NEWS.
The News desires the names and addresses
of all parties who have been subscribers or
readers of The Galveston News for forty
years or more.
SOME RESULTS OF FAST LIVtNG
The councils of some of the cities, stim-
ulated and encouraged by the state ad-
ministration. are raising valuations 25 per
per cent, 30 per cent, and in some instances
50 per cent. A meeting of citlsens of Waco
was held to protest against the action of
the board of equalization In Its alleged ex
cetslve Increase of the valuation of prop-
erty. A committee of ten, with Hon. L.
C. Alexander as chairman, was appointed
to confer with the boa.rd and city council
and to pretest against the increase. In
some instances such Increases have fol-
lowed upon the heels of additional Issues
of bonds. Where is this progresslonal
ratio cf debt and tax accumulation to end
Is there no limit to the load of the tax
payers? Is his burden to be thus heaped
up over and over again, directly, indirect
ly, by the city, the county, the state, until
all the demands of the favorites and of
th^ir political relatives are satisfied? Why
has It become necessary during the past
year or two to materially Increase the tax
exactions? What is to come of this grow
ing tendency to double up taxes, to double
up bonded Indebtedness, to double up pub-
Tic expenditures? The News believes in
equalizing valuations and tax burdens and
in collecting of delinquents their fair share
of the cost of government, but The News
does not believe that the powers that be
should be permitted to hide behind duties
in this relation or point to such duties as
pretexts for raking in vast pots of the peo
#k's cash for political purposes. Of course
sj* h increased demands begin in increased
expenses. Extraordinary issues of securi
ties and various kinds of municipal ineffi
clency and extravagance are the sources
of a merciless plague of taxation as a rule
so far as the cities are concerned. As for
the state there is a startling degree of ex-
planatory force in the fact that the courts
have multiplied during the live years last
past until Texas, with about 3,009,000 popu-
lation, has more courts than there are in
all England with ten times as many peo-
ple. In addition to these courts there have
been created commissions, boards and bu-
reaus of party favorites to render neces-
sary the Bramlette bill, equalization
boards, rigid orders from headquarters to
tax gat herd's and double oaths for mer-
chants and others that have never been
equaled in this land since the ironclad
oaths of allegiance and amnesty were ad-
ministered to vanquished confederates af-
ter the late war. It is time that the people
of the towns arid cities who pay double
taxes on valuations far above the rendi-
tions of country property and oppressive
occupation taxes besides were uniting in
a general determination at least to secure
something more for their money. It is
time for the man with the farm or pasture
to join in and make an effort to stay the
crusade that began in the towns, but is
raipidly spreading and sure to reach him
and include his holdings before long.
There Is no good reason for the general
crusade that is now being waged against
the taxpayer during a season of health
and peace and of financial conditions in
which public revenue counts more than
ever before in the purchasing power of
money. This crusade began with extrava-
gances in government and excesses and
abnormal increments of government that
will lead to desperate conditions and fatal
catastrophes unless it Is checked in time.
The state 'horticultural society holds its
next meeting at Bowie from July 31 to
August 2.
The flatis-ts continue to assert that Mr.
Carlisle was for free silver when he wae of
Mir. Bryan's age. This of course is not
true, yet assuming that it is correct, then
it '.a fair to expect Mr. Bryan to come
around all right by the time he is as old
and wise as Mr, Carlisle now is.
The train will now t»top until the chair-
man of the railroad commission completes
fafel campaign deliverance for 'the Fort
Worth rally.
Viscount Nomura, home minister of
Japan, is now occupied in devising meas-
ures to check international political agita-
tion. The methods of Viscount Nomura
are far more sweeping and drastic than any
previously employed in Japan. He is de-
termined that no newspapers s'hall assail
the administration for alleged failure to
Tht
if hi
lyin*.
Colonel Smoolent*. minister of war, and
Colonel Vassiliadis, a member of the house
of deputies* two distinguished Greeks, have
just exchanged bullets at Athens. Nobody
was hurt. When Greek meets Greek there
is no blood spilled these days.
To a man mounted like Zaccheus of old
it looks like the Blackburns have thrown
the sponge up.
The frequent changing of the ordinances
and statutes is as great an opportunity
any experienced boodler or bribe giver
need to want.
Senator Harris asks: "What are we com-
ing to?" It begins to look like u big fork
in the road.
The wheat has been greatly damaged by
rain In Denton county.
Editor Drew of the Kaufman Sun hastened
to explain that he was joking when he sug-
gested an occupation tax on newspaper men
during the last session of the legislature
and failed to offer any bill providing for
such a tax. Since the legislature, after in-
creasing the taxes all around, has gone
home and there Is no prospect of an extra
session, Editor Drew declares that "it would
be just as just to levy an occupation tax on
the newspaper men as it Is to levy it on
lawyers, merchants, etc." This bang true,
why did this Kaufman county statesman
deem it necessary to explain that his sug-
gestion o>f an occupation tax on newspaper
men was a joke? This being true, why did
he fall to offer an amendment or bill to tax
his own kind just as lie and his associates
proceeded to shoot the dyeiltuff into others?
He declares that "no such bill was ever In-
troduced in the last legislature?" Why not?
Editor Drew was there.
In the course of time bloody wars will
be prohibited by the laws of civilized na-
tions.
About Muskegon, Mich,, no rain has fall-
en for a year sufficient to dampen the
soil an inch deep.
BAREFOOT BELLES.
Nothing Uncommon for the Fair Sex to
Doff Shoes and Stockings.
: For The News.
It is good form to go barefoot. New York
! society has settled that matter, and the
I women in it whose husbands have country
estates frequently doff t,heir boots and
, their hosiery to cross a stream or when
angling Women, in fact, are changing
j their views about the fisherman's hobby.
I Attorney General Crane Holds That
Prize Fights Are Prohibited
by the Statute.
follows: "Th<
heretofore v
court by
not divest
court in co
provisions of
word 'not.'
that
narr
In
which was the latest
irill of the legislature, i
156
leefcira
they
same
wl
atute sa
■e lb ""
If the people of Denver, Chicago and
other cities do not wish to be looted why
do they send toughs to the city council?
iMarion D. Towney lias retired tfrom the
Lampasas Leader, T. K. Murray succeeding
him.
Marlin Democrat: The Calveston-Dallae
News claims to be a fair newspaper. In the
ClarkjBailey debate at Hoi,and The News
gave Clark a six-co.umn report and devoted
only two to a report of the speech of iMr.
Bailey.
And 'Mr. Bailey was satisfied wltfi the re-
port because The News had previously gilven
his silver speech, delivered first at Sher-
man, verbatim. 'Now go.
Ludlow street jail is said to be merely
an old trap; but there seems to be money
in it.
'Minister (trust's declared "I have not been
interviewed," yet he had. It Is a wlae mln
ister who knows when he has been inter-
viewed.
The sooner the man who carrleo water on
both vhouldera is drowned the better.
They are beginning
to use the reel quite
expertly. It is noth-
ing out of the way
now to see women of
wealth and position
id going barefoot an
m\ hour or two daily in
"jui the country. The
practice is good for
the health, and is
very often recom-
mended by physi-
cians. At the same
time it is only per-
missible publicly in
the unconventional
haunts of the rurally
•inclined. The em-
press of Germany is
very fond of ridding herself of shoes and
stockings when in retirement on her hus-
band's country estate. She frequently re-
elves guests in her bare feet, but never
on formal occasions, or when she Is not on
terms of personal friendship with them.
In New York society the practice has been
absurdly exaggerated, and feet are bared
ridiculously in the dining room or the
library. It Is. in fact, merely a tad, and
will certainly die out.
.1 Barefoot Belle.
ATTEMPTED OUTRAGE.
Sartartia, Fort Bend Co., Tex., July 13.—
A negro convict attempted to commit a
rape on a young white lady here to-day
and stole a mule, successfully making his
escape. This is the third.attempt at rape
In the last three years. The good peo-
ple in this community are glad the large
farmers are giving up the convicts, because
the present discipline is so poor their fam-
ilies are kept in constant alarm.
NORMAL EXAMINATION.
Beaumont, Tex., July 14.—An examination
for certificates will be held at the summer
normal from July 1G to 19. Certificates will
be granted to those who pass and those
who do not will have another chance at
the examination beginning on August 16.
Greenville Headlight: The Galveston-Dal-
las News, in Its report of the debate at Hol-
land, garbled and -fa.led to report Bailey's
answers to Clark. It Is just such journal-
ism as this that hurts honest journalists.
But then the people can not expect any-
thing from so foul an institution as The
News thai will benefit them.
The report of 'Mr. Bailey's -silver speech,
delivered first at Sherman, had been pre-
viously given in fuN In The News. The re-
port -of 'his additional arguments at IHolIand
was read to him and fully approved. 'He
has not accused The News of injustice. The
people who hurt Journalism most are the
little fellows who do not know what they
are talking about.
The party In power In Japan probably got
Its scheme of suppressing the papers that
dare to criticise it from the Texas legis'ia-
ture.
Senator Blackburn, according to the St.
Louis Globe-Democrat, declares that he is
still In the senatorial race, yet well in-
formed Kentucklans declare he is not in It.
?NAP SHOTS.
The heart needs exercise.
Some people waste all their time making
comparisons.
A soft answer is good for the eye.
TEXAS NEWSPAPER COMMENT.
Cuero Record: Co-operation has won re-
nown for many a town. It would do it for
Cuero.
Calvert Citizen-Democrat: What are you
doing toward helping the Robertson county
fair on to success?
Conroe Courier: Visitors are always de
lighted with the beautiful and fertile coun-
try around Conroe.
Huntsvllle Item: These are the days of
cheap railroad excursion traveling, and we
believe they h^ve come to stay.
Bryan Eagle:' Meiv,soori forget what they
have said theinselrrs, but thfcir memories
are singularly retentive of what their wives
say to them.
Brazos Pilot, Bryan: Well filled barns
and smoke houses, with home raised corn
and bacon, are the ultimate hope and sal-
vation of th'.1 farmers, of Texas.
East Texas News, Palestine: By the
time a man has learned what to do with
his hands In society he gets married and
lias to sit at home with a baby in them
Temple Tribune: The corrugated iron
shanties and dilapidated frame sheds have
got to go, and Ijiv already on the move.
Temple's "push" and progresslveness de-
MAY ACT BY INJUNCTION.
He Gives His Opinion That No Such Move
Will Be Necessary if the Dallas Sheriff
Opposes the Contest.
, where it was found by
mistake. If we are to regard it as a •word
intentionally placed there its effect would
be to defeat entirely the manifest inten-
tion of the statute. It directly conflicts
with other provisions of the act. if this
word 'not' is left out of the sentence then
the provisions of the act harmonize and
the intent of the legislature is accom-
plished. Are we at liberty, in construing
the statute, to disregard this word in
order that the plain intent of the statute
may be made to prevail? We think we
is
and
tlict
last
the same work, the
ng language is used: "Though a
in operates to repeal the laws rev
ther repugnant or not, yet those
5 that are re-enacted are conti
The revision is, however, a r«
lent and to be alone consulted to
uir. the law when its meaning
i; but when there is irreconcilable
cf one part with another, the
d in the original form
the same effect is Do
Hun., 110, and many
This precise question
Sucti a coci-
►f the code of
rs the sheriff
.•in mission of
at result may
oee guilty of
and
end
it
unn
our
fjirii
ha
to
nly
on-
the part
Rill gov-
iglas vs.
ther au-
de-
rmined by the federal court in the case
of Mobile savings bank vs. Patty, 16 Fed.
Rep., 751. An Alabama statute was amend-
ed so as to repeal by implication another
article of their revised code previously en-
:> thereof
to proc
'ohibit o
»ug
jrities
are. When the intention of a statute is article of their revised code previously en-
plainlv discernible the intention is as ob- a ted. 1 hereafter, in 1*76, the laws were
Fljratory as ihe tetter of the statute ....
will even prevail over the strict I
Whenever the intention of the statute
sain revi
ma ml it
Trinity
Pribune: Now that we are as-
Man will descend to a very small trick
w^hen he has two tricks already saved.
When one sees a coquette with an en-
gagement ring one Is curious to know just
how soon it is to come off.
'A monopoly is something that man wants
exclusively for himself.
Mistakes are not necessarily fatal if they
are made in time.
A great doctor has discovered that kind-
ness itself is merely a microbic disease.
According to him it takes an army of
small worms to move one to be generous
or even polite.
The whole country seems to have wanted
it a boy, but alas! it is a lass.
Nothing but the growing demands of
fashionable daughters will ever bring to-
gether the man who believes In sound
money and the fiatist.
Man goes forth for fun and gets experl-
ence.
STRUCK BY LIGHTNING.
Brackettville, Kinney Co., Tex., July 12.—
At 10.30 last night during a terrific thunder
storm lightning struck the home of Mr.
H. L. Wlpkey of this place. The bolt
struck an Immense live oak standing by the
house, tearing the bark thereof from the
topmost branch to within four feet of Its
ba«e. from whence It glanced to the corner
ot' the house, shattering the boxing, tear-
ing the paper lining within a wire safe on
the outside alongside the wall, but not
damaging the safe. From thence the
electric messenger sought rest in the earth.
A pigeon cote in the tree was badly
mashed, but. although many birds were
therein, only one was killed. Mrs. Wlpkey
was sitting by the side of her bed just
about to retire, and she says the shoek
was awful in force, lilting her off her feet
and shaking the bed in a terrible way.
Mrs. Wlpkey says: "Sparks, smoke and a
suffocating atmosphere filled the house
for some moments after the blast, and I
did not recover composure for many
hours." Although Mr. Wlpkey and three
childr n were asleep In the house at the
time, they were unhurt.
IMPROVED RICE FARMS.
Orange, Tex., July 13.—Manager Solllday
of Magnolia plantation showed The News
man the plans of a powerful pump that has
been shipped from Syracuse, N. Y., for use
at the rice farm near Terry, in this coun-
ty. The firm of Lutcher, Starks & Solli-
day own 4250 acres there, 000 of which are
In rice. It is proposed to put In an im-
mense pump near Cow bayou, east of the
farm, that will throw 16,000 gallons of wa-
ter per minute. This, it is thought, will
give an ample head of water to inundate
the whole crop after utilizing all that Is
caught in their big reservoir on the west
sured of the early completion of the Trin-
ity, Cameron ami Western railroad it
should be an easy matter to make Trinity
a first class inland town.
Houston Age: In view of the excellent
service Houston has rendered the demo-
cratic party of Texas, if she should ask a
first class state office next year who will
open his mouth in protest?
Corpus Christl Caller: "All things come
to him who waits." Ah there, Governor
Wheeler!—San Antonio Owl. The governor
didn't wait, though; on the contrary, he
got a lively move on himself.
San Antonio Express: What Governor
Culberson says about retrenchment and re-
form in national expenditures will apply
with equal force, though on a somewhat
smaller scale, to state affairs. Why not
apply It? Or Is it easier to say than to do?
Trinity County Watchman., Groveton:
Waco has been holding meetings lately in
the Interest of the road through southeast
Texas to that point. The road, if run ac-
cording to the plans they have been con-
sidering. can not miss Trinity county, and
will make a line through Pennington and
Groveton.
Houston Press: The estimates s>how that
$300,00') will be expended on jetty work and
deepening the canal at Aransas Pass. This
will probably be followed by the invest-
ment of several millions In the building of
wharves, warehouses, terminal facilities,
etc. Capitalists evidently have faith in the
future importance of Texas seaports.
^Iouston Herald: State Health Officer
Swearingen has heard that there was yel-
low fever in Cuba, and he is having our ex-
tensive coast cktsely watched. "lis well;
yellow fever In Texas, at this time in par-
ticular, would play sad havoc with our
state and people. Bu- It can be kept out,
and Dr. Swearingen is the man to do it.
Palestine Weekly Advocate: What Is our
city going to show at the Tyler fruit pal-
ace on Palestine day? Surely something
creditable to our city can be gotten up
for that occasion. Can't our citizens' com-
mittee take the matter in hand and ap-
point committees on programme for the
day. The time is short now. and whatever
is done must be done quickly.
Liberty Vindicator: Recently there were
shipped from Orange, Tex., 800 sticks of
cedar, after the sap had been taken off, to
the Faber lead pencil manufacturers at
Hamburg, Germany. The same might be
done from Liberty, as we are reliably in-
formed that there are thousands of acres
of cedar of a superior quality on the upper
Trinity immediately on its banks.
Victoria Guide: The display the negroes
of Victoria county made in the way of
agricultural products on the 29th of June
can not be too highly commended. While
the contest was open to all nationalities,
it will be noticed that the negroes re-
ceived most of the premiums. This should
stimulate the negroes to still greater ef-
forts. It has been (dearly demonstrated
that we can act well our part in every avo-
cation of life.
Uvalde News: Deep water at Aransas
Pass means that Roekport will become a
city of great commercial importance, and
the development of the resources of the
counties near by. But this is only a small
portion of the benefit to oe derived from
it. The entire state will receive untold
benefit, as well as the central and north-
western states. The signing of the con-
tract by Brown & Sons for the securing of
it should be welcome news to the people of
the state.
Yoakum Graphic: There has been up to
this time in 1895 at least two or three
times as much rain in this Immediate por-
tion of Texas as we had during the same
time of the year 1885. We have not seen
this fact stated in any of our exchanges,
from the fact, we guess, that they felt so
good that it slipped their memory." Let us
hope that It Is a precursor of continued im-
provement in our season for the future,
and hence our farming friends will grow
rich on the fat of the land and we will all
be happy.
Cameron Herald: Last Saturday the Mi-
lam News was revived from the grave by a
joint stcck company and carries at its
masthead the names of its board of direct-
ors, five in number, as follows: C. W. Ma-
cune, W. M. Thompson, Jeff T. Kemp,
George A. Byus and J. F. Wingo. Two of
these are populists and three are known as
democrats. They all reside in Cameron ex-
cept Mr. Wingo. who lives out on Pond
creek and is a substantial farmer. C. W.
Macune, populist, is editor; George A.
Byus, populist, is business manager.
La Porte Chronicle: La Porte has a
brick plant that has been idle for several
months. Here is a chance for a man who
understands the business and can command
sufficient capital to pay running expenses
to make a fortune. Everything is in readi-
ness to begin work at once. The machinery
is all in first class order and the plant can
be leased or bought outright at a low fig-
ure. Where is the man who will set the
machinery in motion? A market for all
the products the plant can turn out is
riffht at hand, and there is big money in it.
Aust'n, Tex., July 14,-The following is
the full text of Attorney General Crane s
opinion anent the validity of the prize
lighting statute:
Attorney General's Office. Austin, Tex.,
July 13, IS95.—Hon. John P. Gillespie, Coun-
ty Attorney, Dullus, Tex —Dear Sir: I re-
ceived yours recently written in reference
to th» proposed Corbett-Fitzsimmcns fight.
~t came by due course of mail.
in it you propound in substance the fol-
lowing questions: ...
1. Is there any valid law In Texas prohib-
iting prize lighting?
2. If there is. can it be enforced so as
to prevent the proposed tight .1
3. Have the courts any authority to re-
strain such an exhibition by injunction.
1 have not sought to quote your language,
but only what I conceive to be Its effect.
From your letter, of course, I gather the
fuel, which 1 know you recognize, that the
legislature, by the act ot 1S91, sought to
prohibit prize fighting; and that the pro-
visions ot that act were, with verbal modi-
fications, carried forward into the nenai
code adopted by the Twenty-fourth legis-
lature, which will be In effect October
next. , . .
After I received your letter 1 was .asked
to withhold my answer thereto until such
time as those who believed that the provis-
ions of the statute ubove referred to were
invalid could be heard. I waited and have
received from the hands of the attorneys of
the gentleman who is seeking to nave the
fight take pluee at Dallas most elaborate
and ingenious arguments on the suoject.
Briefly stated, they make (though in many
different forms) the following propositions:
1. That the law of 1891, by which it was
sought to prohibit prize fighting, is invalid
for two reasons: (1) Because it denounces
the offense as a felony and affixes thereto
the punishment of a misdemeanor; and (.)
because the act was so indefinitely trained
and Is of such doubtful construction, con-
sidered either by itself or in connection
with the other provisions of the written
law, that It can not be understood.
•J. Because the Twenty-fourth legislature,
in adopting- the revised codes, carried into
the civil code the act of 1S89, which licenses
prize fighting; and that the civil code with
the provision in it was finally passed at a
time subsequent to the adoption of the
penal code, in which is incorporated the
statute prohibiting prize fighting; and that
therefore the statute licensing prize fight-
ing by implication repealed the penal law
on the same subject which had been pre-
viously passed.
I urn unable to agree with those who in-
sist that the laws of Texas permit prize
lights. On the contrary, I think they are
plainlv prohibited by the statute. That the
law ui iNtfl. by which the legislature sought
to prohibit such contests, was and is op-
erative, is not now an open question. Th
court of criminal appeals has left it to be
valid. Sullivan's case, (32 App., &0). Sulli-
van had been convicted in Dallas county
for giving an exhibition of the kind in
question without having paid the occupa
t ion tax levied thereon by the act of 18S9.
From the judgment of conviction he ai
pealed, insisting that ho had been wrong-
felly convicted because the act levying the
occupation tax had been repealed by the
act of 1891, which, In express terms, prohib-
ited prize lighting. That question alone
was considered by the court of criminal ap-
peals In disposing of that case. In deter-
mining the question the court said: "This
law (meaning the act of 18.s0 licensing priz
fights), however, has been changed by tne
a« t of March 23. 1891, which practically pro-
hibits prize fighting and pugilism, and de-
clares that a pugilistic encounter between
man and man or a fight b#pVeen man and
bull or other animal for money or other
thing of value, or upon which money is bet
or to see which admission fees are charged
shall be deemed guilty of a felony and pun-
ished by a tine of not less than $4ihj nor
more than $1000 and by confinement in the
county jail for not less than sixty days nor
more than one year."
1 know that it ie insisted that the court
of etvmina! appeals did not consider the
question of the validity of the act of 1891.
That suggestion does no credit to the
learned court deciding the case. To say
that there wan but one question in the
case, and that the court 'failed to conslde
that, is a reflection I am not willing to in
dulge in in reference to the three learned
judges who composed the court. The
port of the case shows that they were a;
present and concurring in the decision. The
act itself is quoted—not literally but sub-
stantially—in the opinion rendered. It was
impossible for the trained Iftwyern, not to
sav trained specialists, who composed 'that
court-to have read that statute without
discovering the fact that it denounced the
offense as a felony and imposed the penally
of a misdemeanor. The validity of the act
was necessary to be considered In deter
mining whether it repealed the act of 1889.
An invalid act repeals nothing; 'A is as in
operative as if never nassed. (Morton vs.
Shelby Co., 118. U. S., -126.)
The decision of the court of criminal nr.
peals in the Sullivan case, hi which tl^
validity of the act in question was maoi
tallied, announced no new doctrine. It but
conformed to established precedents an
followed a well beaten track. It only rceog
nized the rules of statutory construction
lirmiy imbedded In our system of laws and
made a part thereof.
It must be remembered that our code ex
pmssly provides that the distinction usuyl
ly made between the construction of pena
laws and laws upon other subjects shk"
not obtaiin in Texas. (Penal Code. art. 9,
In other words, penal laws will 'be no more
strictly con-trued than laws upon other
subjects. To ascertain the legi.slaitive
tent is the purpose of courts in the con
structlon of all statutes, whether in refer-
ence to civil or criminal cases. When
statute is so indefinite as to be incapable of
being undt rstood, article 6 of the penal code
says it shall lie inoperative. That Won' '
be the rule without reference to article 6 oi
the penal code. It' the court could not as-
certain the legislative intention from the
language used nor from the context it could
not declare it. Article 6 therefore becomes
immaterial.
The rules of statutory construction have
been frequently reviewed by our court of
criminal appeals. As before stated, -the
Sullivan case was decided in strict con-
formity thereto. That court found it neces-
sary "to state these principles in the Walker
case (7 Ct. App., 257). The firsa among
them is what is therein denominated "the
cornerstone of statutory construction." It
is as follows: "In interpreting a law, the
main object be arrived at is the Intention
of the lawmaking power, and the interpre-
tation to be given to the language used to
express the intention should be such as to
make the statute consistent with reason.
The second rule laid down is that 'every
interpretation that leads to an absurdity
ought to be rejected.' And third, 'a thing
within the intent.on is within the statute,
though no-t within the letter; and a thing
not within the letter is not within the stat-
ute unless with.n the intention. The real
intention, when accurately ascertained, wi.l
always prevail over the literal sense of t'he
terms."
In the Albreeh't case (8 Ct. App., 311) the
court, in a different form, reannounced tne
substance of the rules above quoted. In
that ease the court said: "This purpose
(meaning the legislative purpose or intent),
so manifest, can not be disregarded in t'he
search for the proper rule of construction,
but must be given effect to unless qualilied
or restricted by some potent provision oif
t'he law rendering a contrary construction
of the law imperative. If a reasonable con-
struction of the language would tend to ef-
fectuate 'this purple, nil another con-
struction equally reasonable would have a
contrary tendency, under t'he well estab-
lished canons of construction, courts should
not hesiltate in choosing the former to the
exclusion of the latter. The Intention fre-
quently controls the express language in
the construction of statutes."
The rules were again stated in the
Chapman case, 16 Ct. App., 76, and applied
to the statute therein construed. The de-
fendant in that case had been convicted
of a misdemeanor in the district court,
The first part of the statute relied upon by
the state to give jurisdiction to that court,
vested i-n the district court of Atascosa
county exclusive jurisdiction of all crim-
inal cases then pending in the county
court of said county. It then proceeded as
be discovered it ought to be followed, al-
though it may seem to be contrary to the
etter of the statute."
According to the contention of those
ho believe that the statute against prize
lighting is void on account of its declara-
tion that the crime is a felony, and the
punishment of a mi
The repealed article was
r. j carried into the new revision, as well as
an , the article which had been held to re>peal
it. The court held that evidently the re-
pealed statute was inserted through mis-
take. That in determining the legislative
intent the dates of the enactments will be
looked to and the one last in time will be
held as the law. For that reason the arti-
rhat this new code will be in effect bt
October. Article
authorise the st
tion to prevent,
violation of any
the state. But
necessary.if it be
is opposed to th
to prevent It.
Regretting my unavoidable delay in
sv.ering you, I am, very truly yours,
>1. CRANE,
Attorney General.
ly
by injunc-
strain the
tvenue or penal law of
i injunction will not be
scertained the the sheriff
light, and will interfere
in-
is a felony, and the J de which had been repealed by implication
-•demeanor' is applied i before its insertion in the new code was
thereto, the statute would be perfect if
the word misdemeanor could be substitut-
ed for the word felony. Pollowing the
doctrine announced in the above quotation,
the court was at perfect liberty to elimin-
ate that word felony If such elimina-
tion were necessary to give effect
to the legislative Intent. It must be
plain that the eouri believed that the in-
tention of the legislature was to prohibit
>rize fighting. If the court further be-
leved that the fact that the legislature
_ftlxed the punishment of a misdemeanor
to the offense of prize tighting, and that
the word felony was inserted by mistake,
it was at perfect liberty to disregard that
word in the construction of the statute.
The doctrine announced In the Chapman
ase amply justified it. Indeed, the court
could not have done less.
In the case of the state of New York vs.
"tica insurance company. 15 Juhns., 379,
391, this proposition is clearly stated: "Such
onsiruction ought to be put on a statute
as can best answer the intention which
the makers had In view, and this inten-
tion is sometimes to be collected from the
ause or necessity of making the statute,
and sometimes from other circumstances;
and whenever such intention can be disc-
overed it ought to be followed with rea-
son and discretion In the construction of a
statute, although such construction seems
ontrary to the letter of the
tatute. . . . And such construction
ought to be put upon it as docs not suffer
it to be eluded."
As stated in Bishop on Written Laws,
sec. 82, page M, courts will endeavor to
shape the meaning of a .statute that it can
neither be eluded nor its purpose defeat-
ed. And in section 81 of the same book,
page t54. it is said: "Even in opposition to
the strict letter, the real purpose of the
legislature as apparent on an inspection of
the statute itself will be carried out."
It 'has been repeatedly held that the
conjunction "and" will be read as "or," and
'or" as "and," when the sense obviously so
requires, and this In plain cases, even in
criminal statutes against the accused.
(Bishop on Written Laws, sec. 243.) A mis-
nomer, for example, in the name cf a per-
son or corporation which can be corrected
by other parts of the statute, will be cor-
rected in the interpretation, for courts will
look into the entire enactment and com-
pare part with part. (Ib., sec. 244.) To the
ime effect is Brooks vs. Hicks. 20 Tex.,
766; Holmes vs. Casley, 31 N. V., 29o; Chase
vs. railroad company, 2(5 N. Y., 523; Sedg-
wick on Statutory Construction, p. 225 et
seq.; Potter's Dwarris on 'Statutory Con-
struction. pp. 174 et seq.
It is clear from the authorities above
cited that the court of criminal appeals
correctly held the act of 1891 to be valid,
and that It therefore repealed the act of
1889,'which authorized prize fights to be li-
censed.
The validity of the act in question is not
affected 1>y the revision of the code. If it
be conceded that the civil code, embracing
the act of 1SS9, was passed after the penal
code was adopted, the question will not be
affected, and it will be just the same as If
it had passed before. But I do not concede
that the civil code was last adopted. In-
deed, 1 think the reverse is true. The civil
code passed the legislature before the penal
cade did, and not afterward. The civil
code passed on the 23d of April and the
penal code on the 21th. Neither was signed
by the governor. By the terms of the con-
stitution it seems to me that neither, un-
signed. would be in effect or considered as
having passed all stages of legislative con-
trol until the ten days had expired. But,
us before stated, that is immaterial. It is
known to all lawyers that in 1891 the legis-
lature provided for the appointment of
commissioners to revise the statutes of the
state. Their duties were plainly stated in
the act provided for their appointment.
(See acts of 1891, page 53.) By the terms of
that act they were not authorized to write
any new laws nor to change any of the old
ones except to correct evident clerical or
typographical errors. Section 3 of the act
made It obligatory on them to collate and
arrange all the civil statutes amendatory
of and gcrmarie to the revised statutes of
1879. Tney had no authority to omit any
except such parts as had been displaced by
amendments plainly written. They of
course could not take cognizance of con-
structive repeals or of repeals by Implica-
tion, as that would be assuming judicial
functions. The commissioners did their
work and reported to the Twenty-third leg-
islature. That body failed for some reason
to adopt their report. It does not seem to
have been in any way acted upon during
the session of that body. The Twenty-
fourth legislature, as is shown by section 8,
page 111, of the act of 1895, adopted the re-
port of the commissioners as made, and
appointed a codifier, whose principal and
only duty, in so far as the question at issue
is concerned, was to adjust the acts of the
Twenty-third *and Twenty-fourth legisla-
tures to the work of the commissioners as
previously done, and to superintend the
publication of the new codes, read the
proote? etc. The codifier had no> authority
to omit any statute repealed prior to the
session of the Twenty-third legislature. It
must be clear, therefore, that the intention
of the legislature, as manifested by these
two acts, was not to pass a new system of
laws, but only to rearrange, collate and
continue the old system. No other con-
struction is admissible. But if any doubt
existed upon the subject, it should be re-
moved by reference to section 19 of the
final title of the new revised code, which,
according to our com - of appeals, should
be considered as a part of the penal code
as well as of the civil code (7 App., 261).
That specifically states that all laws em-
bodied in the revised statutes which were
in existence at the time of its adoption
should be considered to be a continuation
and not as new enactments. That
settles the one question that the
act of 1S89, as embodied In the
now revised civil code, was not intended by
the legislature to be a new enactment, but
was simply a continuation of the act of
1889. If it had no force after the adoption
of the act of 1891 It had none after the re-
vised code was adopted. This question
seems to have been clearly settled by our
court of criminal appeals in the Walker
case, 7 App., 259, 261. In that case the
court quotes approvingly an extract from
the opinion in Wright vs. Oakley, 5 Met-
calf, 406. It is in these words: "In con-
struing revised statutes and the connect-
ing acts of amendment and repeal it Is
necessary to observe great caution to
avoid giving effect to those acts which
were never contemplated 'by the legisla-
ture. In terms, the whole body of the
statute law was repealed, but these repeals
went into operation simultaneously with
the revised statutes which were substitut-
ed for them and were intended to replace
them, with such modifications as were in-
tended to be made by the revision
For practical operation and effect, there-
fore. they are rather to be considered as
continuations and modifications of the old
laws than as the abrogation of those old
and the re-enactment of new ones. In or-
der to co-nsider them correctly we must
take the whole revised statutes, together
with the acts of nendment and repealing
acts, and consider them in reference to
the known purpose which the legislature
had in view in making the revision." To
the same effect is the state vs. Brewer, 22
Louisiana Annual, 273. The same ques-
tion was presented to the court of appeals
of Virginia at an early day. There was
supposed to be an irreconcilable conflict
between two provisions of the code of that
state. One of them was passed in 1800 and
the other in 1792. In construing them, the
court said, in the case of Wynn vs. Jones,
6 Leigh, 75: "If tfiere by, any inconsistency
between them (meaning these two con-
rflcting provisions) this last must prevail;
for in the construction of laws re-enacted
in a revisal, we must in case of irreconcil-
able difference look to the dates of the
original statutes in order to ascertain the
last declaration of the legislative will."
In section 161 of Sutherland on Statutory
Construction the following doctrine is an-
nounced: "Where two statutes In pari ma
held to be inop rative. To the same effect
is Po:*ey vs. Triplcy, 60 Ala., 249. Indeed,
the rule above stated Is well settled.
Now let me ask, is not the intention of
the legislature manifest in the act under
discussion? Is it not absolutely clear that
its intention was to prohibit prize lighting?
1)1(1 it not ilearly dertne the offense? And
did It not clearly affix a penalty thereto?
All these questions milfet be answered in
the affirmative. Then i* is not a case com-
ing within the operation of article 6 of the
penal code. In other words, it is not so in-
definitely framed, nor of such doubtful
construction, that It • an not be under-
stood. What then must be done? The duty
is plain, to follow the rules of construc-
tion laid down by our court of last resort,
by all other courts of last Vesort and by
text writers: The first Is, "To give effect
to the legislative Intention so plallily mani-
fest and to so interpret the statute as to
make It consistent with reason." The sec-
ond. to avoid that interpretation that leads
to an absurdity. Following this second
rule would pre>ent any one's insisting that
the legislature intended (to create the of
fense of a felony and affix thereto the
punishment of a misdemeanor, because that
is manifestly absurd. The third, that the
legislative intention, when accurately as-
certained, as in this instance, will always
prevail over the literal sense of the terms;
that the intention will control the express
language in the construction of a statute;
or. as our court of criminal appeals has
so often said, "the intention ought to be
followed, although it may seem to be con-
trary to the letter of the statute," and in
the language of the court of last resort In
New York, "the intention should be given
effect to, even though such construction
seem contrary to the letter of the statute;'/
and that "such construction ought to be
placed upon it as does not suffer it to be
eluded." Or, us announced by an able text
writer, that "even in opposition to the
strict letter, the clear porpose of the legis-
lature will be carried out. '
Applying these rules the court of arimi-
na 1 appeals could not have arrived at any
other conclusion than that the act of 1S91
prohibiting prize fighting is valid: and that
it (ould not have been declared inoperative
without violating every rule of construc-
tion which the court had previously recog-
nized and adopted. The construction which
seeks to invalidate the statute Is based
upon the idea that courts, in cpnstruing a
statute, undertake to find some means of
avoiding it when the contrary is true. In
the language of the supreme court of the
United States, "we ought rather, adopting
the language of Lord Hale, 'to be curious
and subtle to invent reasons and means
to carry out the clear intent of the law
making power.' " (Oats vs. National bank.
100 IT. S., 244.) "The judiciary must respect
the expression of the legislative will and
not permit it to be eluded by mere con-
struction."—lb. It is the duty of the courts
to enforce the laws if possible, and only
to refuse to declare them invalid when it
is impossible from the language used,
whether considered by itself or in connec-
tion with other provisions of the written
law, to ascertain what the legislature did
intend to do. That is not true in this Case
therefore the statute must be declared
valid.
Believing, a.-i I do, that the court of ap-
peals was right when it declared this stat-
ute valid, I cf course insist that it should
be enforced. But whether U believed that
the court Of criminal appeals was right
originally or not, it Is no part of my duty,
nor is It any part of your duty, nor of the
sheriff of Dad'as county, to s>it down and
determine that the court of appeals was
wrong, or that they did not consider the
case before deciding it. In saying this
much, 1 do not mean to imply that you or
the sheriff have any disposition to do so; 1
assume that the contrary Ife true. But
mean to emphasize the fact that dt Is our
duty to bv«w In unquestioned obedience to
the decision of that high court on a-l'l ques-
tions of which the constitution gives it
jurisdiction. Oif thus question it had juris-
diction
The law being valid, it follows that !>t lis
the duty of your sheriff to enforce it. 'He
is not authorized to permit the light to go
on and then arrest the parties. It is made
his plain duty by the statute to prevent the
light. Article 49 of the code of criminal
procedure Is as follows: "Each sheriff shall
be the conservator of the peace in his own
co-untv, and shall arrest all offenders
against the 'laws of the utate in his view
or hearing and -take them before the proper
court for examination or tidal. He shall
quelii and suppress all assaults and bat-
teries, affrays, Insurrections and uniawfu'l
a'sr-emblies." Remebering that it is the duty
of the sheriff to suppress all assaults and
batteries, insurrections and unlawful as
semblles, :*t is only necessary to "inquire
What is an unlawful assembly. Article 279
of the penal code says an unlawful assenv
bly is a meeting of three or more persons
with intent to aid each other 'by violence or
in any other manner either to commit an
offense or to illegally deprive any person of
any rights, etc. Article 292 of the penal
coue says: "If the purpose of an unlawful
assembly 'be to effect any unlawful object
other than those mentioned in the preced
ing articles of this chapter, all persons en
gaging therein shall be liable to a fine not
exceeding $200." That a crowd gathered to
gether to witness* a prize fight and give
aid and encouragement is an unlawful t
sembiy no one can doubt. It is as much an
unlawful assembly before the tight com
mences as afterward. It is difficult to un
derstand how there could be a prize fight
unless there wa.s a meeting of at least three
persons with the Intention of committing
the offense of prize fighting. It being an
unlawful assembly, it is made the special
duty of the sheriff and all other peace offl
CUHKES'T COMMENT.
Boston Herald: It was a neat way of
onwylng a eomp.im nt when Charles Dud-
y Warner at the Fourth of July banquet
iven by the American society in London
ompared the Americans celebrating that
lay in England to the Israelites after they
had settled in the Holy Land returning to
Memph.s to celebrate the exodus. Fancy
Germans in Paris having a banquet
there to celebrate the taking of AUace and
Lorraine.
• • *
Kansas City Star: Eminent judicial au-
thority in Texas has now gone to the
trouble to announce that "there is now no
law upon the statute book^ of Texas pro-
hibiting pugilistic encounters, and that
pon a payment or tender of the license
e prescribed for Mich exhibition there is
no lawful power in the state under present
*iws to interfere with the exhibition." It
superfluous to all that Judge Clark of
Waco will find a family box at his dis-
posal at the "proposed glove contest" in
Jallas.
• ♦ •
Philadelphia Ledger: It looks like the
Irony of fate to see the Hon. Mr. Brodick,
M. P.—who made the motion In the house
of commons to reduce the salary of Mr.
Canipbell-Bunnerman, secretary of state
or war—made under secretary for war in
the Salisbury cabinet. In this country we
would look upon such an appointment as
gratuitous affront, but the conservative
party in Great Britain is not apt to be
swayed by sentiment or a nice sense of
the proprieties.
* * *
Pittsburg Dispatch: It is reported that
President Cleveland has Induced Secretary
Carlisle to prepare for an anti-silver cam-
paign of education through the west this
summer. This is taken to mean that Car-
lisle is in training for the administration
candidate next year, and that view of the
ase might reconcile him to the a^ Icons
nature of the campaign. It wroul.d be funny,
though, If Secretary Carlisle, having tougnt
and won the antl-sllver campaign, should
let his old tendency in favor of silver get
the better of him as President Carlisle.
* ♦ »
Richmond Dispatch: Congressman Cobb
of Alabama, a free silver advocate, says
that the democrats of his district are dem-
ocrats first and free sllverltes afterward,
and that If the next democratic national
onventlon should declare against free
olnase they would act with the elemocrats
and await with patience the time to try
again to lead the democracy In the right
oath. These ure sound democrats Indeed,
ut the free silver party will never be
heard of again if it falls to carry its point
in 1896. The voters are fickle people.
* * *
Minneapolis Journal (R.): Secretary Car-
lisle is hopeful of occupying Joe Black-
burn's seat in the senate next year. That
depends upon the coming election in Ken-
tucky. If the republicans capture 'the leg-
islature (perfectly possible), a republican
1 1111 Blackburn's seat. Last November
the total democratic vote in Kentucky only
exceeded the republican vote by 2000. This
year the Kentucky republicans are on their
mettle, and it is quite probable that they
wdll win.
» • *
Baltimore Henald: A law authorizing the
construction of the Cape Cod canal passed
the Massachusetts legislature on June 4,
and operations looking to the digging of
the trenches are about to begin. The work
will require about two years for comple-
tion, and the canal is estimated to cost not
more than #8,000,000. Is this the beginning
of the intercostal waterway between Bos-
ton and Mobile?
♦ • •
Toledo Commercial (R.): Mr. Cleveland is
undoubtedly a man of good common
sense, and he probably recognizes the fact
that the limit to his occupancy of the pres-
idential chair was fixed in 1796, and that
that limit is as unchangeable as the limit
to his usefulness in that high office, which
he himself baa fixed ahd passed. Mr.
Cleveland will not accept a fourth nom-
ination. We doubt very much If he will
have the chance.
« • •
Philadelphia Record: The first day's sale
of wool at the Colonial auctions devel-
oped an advance of 7Mi to 10 per cent in
prices; but because the domestic wool
markets had already overshot this im-
provement, and speculators had hoped for
a greater rise In London values to re-
inforce the upward movement in this
country, some disappointment has been ex-
perienced in the interior as well as in the
seaboard centers. The signs of the times,
however, point to a permanent betterment
of wool values; and the fact that a 10 per
cent rise could be supported at the outset
of a sale of nearly 140,000,000 pounds of wool
at auction in London is pretty strong evi-
dence that manufacturing conditions in
France and "England arc keeping abreast
with the improvement in Industrial affairs
in this country. The course of the foreign
wool markets will be watched with keen
interest in the United States, not only on
account of their influence upon domestic
wool prices, but because an advance there
would help American manufacturers to es-
tablish higher prices for goods in the new
season about to open.
cers to quell and suppress it. The prize
fight In a violation of law, and it is the
sheriff's sworn duty to prevent alii viola-
tions of law in so far as he can. as well as
to apprehend the offenders after the of
fense .is committed.
The code of criminal procedure, in dis-
cussing the duties of sheriffs and othe
officers, in article 26 thereof, uses this
language: "The provisions of this code shall
be liberally construed so as to attain the
objects intended by the legislature, to wit
the prevention and suppression and pun
ishment of crime." It being plainly stated
in the code that it (the code) must be lib
erally construed so as to attain the ob
jects intended by the legislature, to wit
the prevention and suppression of crime
as well as its punishment, it must follow
that the authority conferred upon the
sheriff is ample., and it is his duty to ex
ercise it He has the power to call to
his assistance any number of men he may
choose. ShO'uld he deem it necessary he
can tall on the governor for the militia, or
for such other assistance as he may need.
In this connection, however, permit me to
add that if the sheriff says there shall be
no prize figJht, there will be no attempt to
have one. Violations of the law in most
instances, of the character named, an
caused by the officers winking at them
Whenever a sheriff announces his deter-
mination to prevent the commission of
any such offense, and those who propose
to engage in it believe that he is sincere,
they will not prosecute their purpose
further. It Is only when they believe that
his announcement is made to secure the
favor of those opposed to the fight, and
that really lie is In sympathy with it, and
is adverse to preventing it, and his efforts
in that direction will be purposely abor-
tive, that they attempt to proceed. Know-
ing your sheriff, however, as 1 do, 1 be-
lieve he will endeavor to enforce the law,
and when the people of Dallas county un-
derstand his position they will act accord-
ingly. To say that a sheriff has no such
authority is absurd. If he has no author-
ity to prevent a prize light, but must wait
until the offense is complete before In-
terfering, then it must follow that if he
saw a man with a lighted torch in the act
of setting fire to a house he would be pow-
erless to interfere until the crime of arson
had been committed. He could see two
men about to engage in a atreet fight ami
NEWSPAPER RECREATION.
teria originally enacted at different periods I be unable to interfere until blows had
of time are siibsequentlv Incorporated in a passed and an offense committed. lie
revision and re-ena'cted in substantially coul i see two men with weapons in their
the same language, with the design to i hands and imprecations on their tongues
accomplish the purpose they were origin- | approach each other with the avowed pur-
ally intended to produce, tne time when j pose of taking life, and yet he would be
they first took effect will be ascertained powerless to Interfere until murder had
by the courts, and effect will be alven *a I been committed. Yet he is declared to be
Ethel: "So Arthur proposed last night?"
iMaud: "Yes."
Ethel: "And did you accept him?"
LMaud: "1 was so awfully excited I don't
know whether I accepted him or not. If
he comes to-night I did, and if he doesn't
I didn't."—'Scribner's Magazine.
• * *
At the Seaside Resort.—He: "You look
terribly bored."
She: "I feel that way. The mosquitoes
bothered me all night."-^Philadelphia Rec-
ord.
• • »
Small Boy: "Pop, I want a dollar to get
some Fourth of July fireworks."
Father: "A dollar? Great Scott! You'll
get a dime and no more."
Small Boy (in high disdain): "And you
talk about being a patriot."—Detroit Free
Press.
is ♦ •
Drizzle: "I hear that you are going to
put up a new building on this corner some-
time."
Chizzle: "That's very true, but I can't
understand how you managed to get the
date so exact."—Roxbury Gazette.
• • •
Willie: "You say smoking stunts the
growth?"
Teacher: "Yes, my boy."
"How is it, then, that these volcanic re-
gions are so high?"—Yonkers Statesman.
• • •
'Mrs. Bingo: "I thought you weren't go-
ing to play withithe little boy next door
any more."
Bobby: "I wasn't; but my firecrackers
gave Gut before his."—Pittsburg Dispatch.
• • 0
Musician (ironically): "I am afraid my
music is disturbing the people who are
talking over there."
Hostess: "Dear me, I never thought of
that. Don't play so loudly."—New York
Weekly.
The Teacher: "Now, who can tell me
which travels the faster—heat or cold?"
Johnny Bright (promptly): "Heat, of
course. Anybody can catch cold."—Tit-
Bits.
* * •
Professor of Geology: "Gentlemen, at the
close of the summer session I asked you to
report to me Individually any object 'of ex-
traordinary interest you might meet in
your respective outings. 'Mr. Corbett, you
may begin."
Corbett: "Mine had yellow hair, blue
eyes and a tailor-made suit."—Boston
Globe.
• • •
Fuddy: "I was talking to Johnson last
night"—
Duddy: "Yes, I saw him this morning.
He was in a terribly demoralized condi-
tion."—Boston Transcript.
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The Galveston Daily News. (Galveston, Tex.), Vol. 54, No. 113, Ed. 1 Monday, July 15, 1895, newspaper, July 15, 1895; Galveston, Texas. (https://texashistory.unt.edu/ark:/67531/metapth465853/m1/4/: accessed July 2, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting Abilene Library Consortium.