The Galveston Daily News. (Galveston, Tex.), Vol. 46, No. 225, Ed. 1 Wednesday, December 7, 1887 Page: 8 of 8
eight pages : ill. ; page 23 x 16 in. Digitized from 35 mm. microfilm.View a full description of this newspaper.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
F 8
1HE GALVESTON DAILY NEWS. WEDNESDAY. DECEMBER 7 1887.
Houston and Texas Central Railway
The All-ateel Bail Line
Double d*uy trains each way. Through Buf-
fet 5i*eperw between Gai\esto?i and St. Louis
oa I'jaIiib 5 aud 4, and between Oorsluana
and St. Louis ou Trains 1 and 2, via Dallas,
Deniaon and Sedalla. Sleeper between Hous
ton and A o stln. Through tickets to all
pointR, Quickest route \o New Orleans an i
points iu the Southeast. Choice routes via
Derdeon e.rd St. T.-rrtits, or Houston and New
Orleans, S^ainidiip tickets to or from any
point in Europe.
GolUfc h
Leav
No 4
DAII V
5 l \) p. n.
5 23 p. i>.
4 4' p. U |
6 ?5 p. n I
3.:;0 p. r:.::
8.» 5 p. UJ|
9.50 p. m
#,•<5 p. m
8 55 p. ini
1 30 a. t£i;
9.35 p ru
BAD a m
6.30 a mj
8.55 a. mj
c»utb,
e.
No. 2
I) All
j *'
■ ilio a'
I S.27 a
.30 a
«X>CAL Going North.
TIME CaRD. Arrive
. I In Effect f No. 1. No. 3.
V May 22. \ DAILY DAILY.
UijLonlson
mj^herioau
a. M'liinn'y
md'allas..
mTt, Worth 10.46 p. m 11.10 a.
m Garrett 6.?op,m 6 54 a.
3.0.00 a,
1.05 p.
10.35 a.
2.14 p,
6.2n p.
7.65 p.
| 7.45 a,
Arrive Arrive
10 -in p. n. 11.80 a in
10.25 p. il 11.06 a m
9.03 p. tr» 9.4 ■? a m
",P0 p. S SO <v m
11.10 a. in
p.m 6 54 a. tn
ra Corsic' na 5.20 p, in 5.50 a, in
Morgan .. 1 10.22 a. m
mWaco... . 4.35 p. mj 6.40 a m
mHearne.. 3.65 p. m 2.10 a in
m Austin...! 4.40p. mj 6.55a. tn
m Brenham. 12.06 p. m;I2.55 a. in
ra Houston.) 9.05 a. mi 0.00 p. m
:n;^aivest'n; a. in 6.30 p.m
m.NewOrl'sj 7.20p.m
[Leave I Leave
J. U. 3HIT.LEE, Union Ticket Agt., Gaivftston
A. FAULKNER, Gen. Pass. Agefrit, Houston.
SANTA FE BOUTS
Gulf, Colorado eatl Santa To Railway.
•Nori'uw&rrl
St.
Louis
Expre's
9.('5pm
1,55 am
5.30 am
10.55 am
1,20 pir.
12.10 pic
6.00 pm
6.00 pm
Kansas
City
Ezpre's
8.00 am
10,35 urn
2 SB pre
8.00 pm
10.20 pm
6 00 Dt»!
8.55 pm
5.30 pm
3'lme
Card, lnESeet
November 20.
Stations
IvGalvest'n ar
IvBrenham.ai
I vTemple. • ar
IvFt Worth.ar
IvGaln'sv'lear
arKansasOylv
ar Dallas ar
IvParls Iv
-vSt, Louis. Iv
Antonlolv
-Bonthward-
Kansae
Otty
JE.xpre's
11.30 pm
6.28 pm
2,55 pic
9.30 am
7.10 am
u.iO am
11.00 am
St,
LOUlS
Expre's
8.15 am
1.26 am
3,30 pal
4.03 pm
1.S0 pm
■2.20 pne
9 00 Jffi
8.10 am
GALVESTON AND HOUSTON TRAINS.
I.oaveGalveiston. .6.00 a m. 8.00 a. ra. fl.05p.ru.
Arrive Houston . 8.IS a. m. 10 Ot a. in. n. 15 p.m.
Leave Houston..,3.5C a. m. 5C0p.ro. S.lOp.m
Arrive Galveston.6.1S a tn. 7.00 p. m 11.30 p m,
Magnificent Fullmau Bufiet Sleeping Oars o»
St. Louis and Kansas Olty Express through
Without cha,i2c. .-AS S. CASE, Q, P. A,
_M NADMANN. Ticket Agent.
Ik Mifflwi-teiic BaBway Sjsles
llmt »a.i 8r«*t Scrthern K. K. Ulvltloa,'-
Elegant Pullman Sleeping Cars
AND
Free Reclining Chair Cars
DA)X,> BKTWEKH
Galveston and St. Louis
Leaving u&i veston at 6.S0 p. m.i arrive SI.
LonSa 7 », in.
For Berth, XlcRets or any Information ap
flyto
J. H. MILLER,
TICKET AOEWS.
3i'Jic SiiMnBcms
WEDNESDAY, DECEMBER 7, 1887.
THIO OITT.
Married,
Yesterday tvenins, at the reBldaaoe ot
Mrs. L, PaiKer, on Strand, between Poar
teenth arsd Fifteenth streets, Judge James
T. Bpann offioisted in tying the nuptial
knot which made Miss Katie Bullock and
Mr. Wra. R. Reading man and wife. The
bride is tbe daughter o£ Captain Mitt
Bnliock. a well-known citizen and an old
official of GalvestOD and atone time snariS
ot Washington county. The groam is a na-
tive ot Gaiveston, and both have a host of
friend?, who wish the young couple na-
stilted happiness in their wedded life.
PERSONAL.
V, M. Colby of Palestine was in the city
yesterday.
W. J. Bhooman of Dallas was in the ciiy
yesterday.
tvm E Ramey of Lake Charles, La., is
in the city,
Cberles Ernst was registered in the city
yesterday from New Ulm.
Mrs. Dtlha, Eaetham of Hantsville is in
tie city visiting Mrs. Jotin Qogg-to.
p Captain F. A. Rice was among yester-
dby's vuitora frojn the Bayou city.
W. W. Starcy of Brenham and J. H.Coha
t f VV bi o wt-re in tbe city yesterday.
Mr. Geo. W. Merchant ot Dalia-s was in
Ifceti'j yteieiaay shaking hands with old
frltirie.
E. M. Sojoiirter, C. ?.l, Lse and R. C,
Thcmtson were in the city yeatarday from
Malagoida,
Mre, Sam Higglns and family of Bastrop
ere m ti;e city, tind will remain uutil after
the holidays, visiting her parents, Mr. Geo.
L. Psrier and wife.
Hon. D. C. Smith, mayor of Houston, and
Geo, R. Brlnghur&r, city secretary, were in
the city jesttiday looking after some saits
befoie toe fs-di-rai court in which the city
of Houston is interested.
Rev. 8ith Ward and wifa returned yes
terday from Houston, where they have bean
attending the Methodist conference. The
members of Mr. Ward's congregation are
gratified that hftSs to ba their pastor for
tnother year.
Messrs, W. H. Coyle and Herman T.
Keller of Houston were in the city yester-
day to show cause, it any, why they should
not serve on the United States jury. As
tb<y returned home on the evening train
lhty presumably showed good and salH
cient cause for an excuse.
FLOTSAM 6.IS II JKXSAH.
Mr. Tom Goggan, one of the committee
on subscriptions for the Catholic Orphans'
home, reports very encouraging success.
The invitation list to the Galveston Ar-
tilleiy anniversary ball, which takes place
to-morrow night, will close this evening.
Mo invltatiors will be issued on Thursday.
Owing to tbe inclement weather the hop
which was to have been given last nlghi
complimentary to Miss Levy, by the C >ri
snders, was postponed. It will take place
tonight.
The Btcnal entertainment of the Protest-
ant Orphans' home will take place !hl«
evening at tbe home, and a vary interest-
ing programme has been arranged for tha
occai ion.
Tbo woi k of scouring out the Oil mill ar-
tesjflti v 111 with the Sc inch pipe is still
progressing. A white sand is now being
pumped up, which is encouraging as bains
indicative of a water supply. s
Justice Hpann yesterday held an inquest
oyer the 3 j ear-old female icfaut of Mcs.
George HammeJ, on avenue H, between
Tweiity-thlrd and Twenty-fourth streets.
Death from natural causes was the vordic".
There will bo a regular meeting of the
ladies' auxiliary ol the Yonug Men's
Christian association in their parlor at 1
p. m. to-day. It is desired that there should
be a large attendance, as business of im-
portance is to come before the meeting.
A negro named Robert Wickes wis
bound over by the recorder yesterday morn-
ing to answer before the next term of tho
c'iminal court to the charge of burglary.
He was discovered in the house of Mrs.
James, on Church and Twenty-second
street, on Monday night. Wickes has be-
fore b>en wlihin the walls of the peniten-
tiary. |
If anj thing is calculated to demoralize
and nptet the routine of a
well*reflated telegraph office it is
theg banollEg of a president's message
ior ILe &eM»cidled Press. The follow!ag
named operators in the Western Union of-
fice were detained at their portts of duly all
Monday right in receiving the me-sage
which appears inTaa Nitwa this morning:
YiSvlwe/WF
PURE
pRffUCgfe
{tf, superior- «xoelleno« proven m million# o* toomffl t<n'
jrioro than a quarter of a century. Itis by tli* Unito<l
States Oovernuienfc. Fjndora<:(i by tho heads of tho Groat
juivorsiiiea as tho Strongest, Purest and most hcaltnful.
jr. Price's the only Baking Powder that *ioda not "jontauj
vmniouia, liiuo or alum. Bold only in cans.
PU1CE OAKING POW'iKR OO^
Ne?7 York.
Chicago.
Bt. LouL.
W, J. Church, J. M. Graham, J. H, Monday,
G. W. Barnes, C. B. Graves, T. J. Harrigan
and W. G. Kiiittle.
YACHTS AND YACHTING.
Some New and Fast Boats in the Field-
Bright Prosp. cts for Yachting Luring
ths Coming Season.
A new &nd most substantial interest has
been developed in tho matter of yacht rao
ing since the exciting contests of last sum-
mer, and this manly and healthful spart is
on a fair way to britg Galveston up to a
high standard in this respect, and New Or-
leans, Mobile and oth9r southern cities
noted for their swift flyers rnaylookto
their laurels if the interest continues here,
which all signs seem to denote. Outside
and apart from the crafts noted for their
speed and fce&uty, which have been owned
here for some little lime, the White Wing,
Silver Cloud, Viola, Stella (bow of B,jck-
port) ana others, there has been and Is an
earnest manifestation on the part of many
gentlemen to have new boats in these wa
rers lo contest when the season opens.
Amcrgthose that are positive to make
their debut in GaiveBton bay is & new sloop
to be built for Mr. Lyall, the British con
tul, and it is believed he will take a great
interest to bring oat a good boat.
A tew catboat, twenty-eight feet over
all, is to be built for Mr. Fred Allen,
from a mcdel made by one of the bestyaoht
builders north, and those who have seen it
end are competent to judge say she will be
a beauty. The Falcon, a sloop twenty fire
tret on the keel, has arrived from New
Yoi k, and Is now laid up at Clear creek un
ill sprirg. There is ai jo a new and beauti-
ful mcdel sloop opposite the Saata Fe
freight depot, about twenty eight feet keel,
ready to be launched, and it has the ap-
ueftrsEce of a fast boat. The Sentinel is
isid up at Clear creek with tho Silver
Clcud. The two latter named boats are to
receive a new and much larger suit of
sails before coming out again. There is
ai:o a small cutter just launched, said to
to fast. Mr. Joseph's new catboat is also
seportcd as a very fast boat ia light
weather. Most of the boats range from
t«eniyfive to thirty feet in length. The
only boats row to Ihis bay that have been
Hied are Mr. Joseph's catboat and sloop
Falcon. The invincible White Wing, thirty
leet en the Keel, may carry off the pennant
tgaln, but if the Interest does not die out a
boat of her size, no doubt, will be con-
ttiucfed to be worthy of her steal. It ia
ibeoghtthe Falcon will carry the laurels
irota the twenty-five feet class, unies3
ice c-atboat to be built by Mr. Alien should
make her lower her colors. It is expected,
also, the Alice fjom Rockport, the beauti-
ful, fast and elegsntly finished catboat, bs-
lorgirg to Mr. s B. Aiirn, will visit these
waters again in the spring.
Kauiical Notes.
Tie Mallory steamship Lampasas left her
mooiitg at New York wharf yesterday aud
<ame to an anchor ia the outar roads,
where she wsji finish loading with cotton.
Htr cargo-Is composed of cotton and wool.
Tbe lighter M&iidox lett for the outside
ihoitij fcfier the departure ot the stsam?r
with a loed of cotton.
The brig Ettitra, which has been unload
irg in ice stre»m. took a bertha! Libadio's
whaif jeswdsy, and will commence to dis-
ci arge the bdbiuce ot her cargo to-day.
The Unite d Siaies light-home teuder Pan
st, which has been lying at the west end of
New Yolk wharf for ihe past few day.s,
steamed away yesterday oa a general
cruise around the bay. It is not kaown
when ste will return.
Xbe tug E A. Baike, which got agtouad
on Hitchcock's knoll several days ago
while tewing out the barges McLaue and
Keystone, succeeded in getting off yester-
day, and proceeded on her voyage to New
Orleans.
Tho schooner Martha left port bound for
Pensacola yesterday.
Tbe bark Moorhill w»8 towed to ttie In-
ner roads yesterday, where she will have to
await a favorable dpportanity to cross the
bar.
The only arrival yesterday was the Brit-
ish steamship Veneta, from Havana, in
ballast. She took a berth at New wharf.
The schooner Minnie came in from
Morgan City yesterday and berthed at
Central wharf levee. She brought a cargo
consisting of 898 barrels of molasses and
559 barrels of sugar, all of which was trans-
ferred to the waiehou^eof thePlanter»' and
Merchants' line.
The Louise brought in tba barges Alice,
Beaver and No. 1 from Clinton yesterdav.
The Alice contained 700 bales for the bark
Mississippi, and 21 tor the fdallory line.
The Beaver brought 317 for ths Morgan
line and 200 for tho British steamship
Princess. Barge No. 1 contained 498 bales
tor the steamer Marchiouess. The Louise
returned to Clinton with the barge Howard.
Quite a crowd collected around a man at
Brick wharf yesterday, looking at him haul
up eels, of which there seemed to be quite
a number In the slip. The eel fisher caught
as many as a dozen before they stopped
bitirg.
Tbk Presbyterian ladies will continue
their lunch to day at their parlors, begin-
ning at 11 o'clock. Elegant refreshments
and beautiful fancy articles suitable for
Christmas presents. Come and encourage
the ladies and spend a pleasant hour or
two.
R. C. Hodges, M. 19.
Practice limited to diseases of the ey«,
ear, nose and throat. Office: Fray be build-
ing, Postoffloe and Tremont.
Heating and Cooking Stoves, all kinds,
Wholesale and retail.
Bbidgkford & Co., 118 Mechanic.
Dickscii & Allen,
62 Market street. Stoves and Tinware.
Special attention given to putting up stoves.
Wrought BTKKL Ranges at
Bkidciefoed & Co., 118 Mechanic St.
Lime! Lime! Unt!
I'urc white Hme, beat tor ail purposes. Man-
ufactured by Martin & Walsh, Bound Bock,
Sex. Write for nrlcea,
ttLovv & '/'HiXXi
the leading Photographers, ta« best flsbi-
sets ara still ,|3 50 per dozen
Call at Bridgeford & Co.'a, US Mechanic
street, for Ranges, Cooking and HsatU'g
Stoves. Wholesale and retail.
IN THE DRUMMER TAX CASE
JUDGE C. B. SABIN RENDERS A DECISION
Ctcl&ritg that the Drummer Is Illegally Ra-
sirainid cf Hit Liberty ard Discharging
Him—An Important Decision.
Judge C. B. Sabin of the United States
circuit court delivered his opinion yester-
day la ite Stockton habeas corpus case,
wherein Stockton,a drummer from another
state, arrested for con payment of the state
drummers' tax, appealed to the United
States court tor release on habeas corpus.
The decision discharges Stockton from cus-
tody and Is regarded as being of consider-
able importance, insomuch as it affocts the
settlement of the question as to the liability
cf outside drummers in reference to the
payment of the state drummers'tax. and
the right of the Etato to tax interstate cam-
tcerce.
The decision is as follows:
Ex parte Robert C. Stockton, habeas cor-
jjus. This Is an application of Robert C.
Stockton, a citizen of Missouri, to be re-
leased from the custody and imprisonment
of M. O. Meador, constable of Precinct No,
1, Smith county, Tex , who holds him un-
justly and unlawfully and in violation oi
-■he constitution of the United States. As it
is alleged upon a charge to the effsct that
the said Stockton, "on the 1st day of No-
vember A. D., 1887, in the county of Smith,
in the state ot Texas, did then and thsre un-
lawiuliy pursue and follow the occupation
of a commercial traveler, the said occupa-
tion being taxed by law, and the said
Robert, C. Stockton did then and there un-
lawfully and wilfully tail and refuse to ex-
hibit to M, O. Meador, a peace officer, to
wit, a constable in and for Precinct No. 1,
Smith county, Tex , upon demand there-
for then and there duly made by said
tfiicerof said Robert C. Stockton, the re-
ceipt of tho comptroller of public accounts
showitg ifce payment of the occupation tax
due by said Robert C Stockton to said stata
open said occupation, against the peace and
dignity of the state,"
letiiioncr claims that he Is a citizen of
tbe United Siates, and has been a cltizsnof
the state of Missouri for over five years,
ard was such citizen at the time of arrest
ccnpiaiEed of, and when arrested was only
temporarily in Texas, aud was engaged in
sellirg goods by sample for the wnolesaie
house ot Wa. A. Wilson & Co. of Kansas
Citv. Mo.; that said Wm. A. Wilson & Cj.
have no business house in Texas; that each
mtnber cf said firm is a resident and citt-
zm of Kansas City, Mo., and of the United
S'fttff, and that applicant is engaged lu
wlat is commonly known as drumming, and
repiesents said Wm. A. Wilson & Cj., uad
to other firm, selling their goods and taking
orders by eample which he carrlas with
him, and fililtg said orders by shipping
geecs from Missouri Into Texas to those
from whom he secures orders.
Tlat on the said 1st day of November he
as to eDgaged in selling such goods when
tev.as approached by said M. O. Meador
aLd requested to exhibit to him a receipt of
tie comptroller of public accounts showing
tie payment of occupation Wx by him as a
ccnnercial traveler, and upon his failure
to exhibit such receipt he was then and
•hi le and thereafter arrested by said Mea-
dor b> virtue of warrant upon the charge
i ertinl efore set forth,
Petitioner clains that he has not, nor
ever had, the receipt referred to in the
(haige against him, and that he is unjustly
srd unlawfully detained by said Meador iu
Violation of Ihe constitution of the Ualted
Statrs, in that the law of the state of I'3xas,
upon wh!ch such prosecution is founded, so
far as it affects complainant, ts ia coutlict
vith the constitution ot the United States,
which gives to congress the exclusive light
to reju a e commerce bstween the eta e ;
vleieloie be pr»js to be relieved from
said unlawful detention and imprisonment,
ard lor a writ of habeas corpus and the ac-
tion of this court thereon.
'.tfca prosecution was on information of
tte county attorney of Smith ccuaty. based
upen the fcfiidsvit of M. O. Meador, filed ia
tie county coart of Smith county, fax ,
tipon which the warrant of arrest was
intied, by virtue ot which the arrest was
irt,ce. '1 he writ of habeas corpus was in
this behalf from this coart upon the apo'.i
caticn of Stockton, November 4, 183}, aad
served on Meador November 5,1837, aal to
which le made bis return thereoa ftovem
ber 7,1887, in which he states that ha now
brings into this court the body of the with-
in named Robert C. Stockton, and certifies
that be holds said Scocfeton in duress o?
order of the affidavit, information ani
capias, true copies of which are attached
to ihe application for writ of habea3 corpus
herein.
At the icstance of Hon. James S, Hogg,
atton ey-generai of the state ot Tixa?, who
tBd been at once furnished by order of tna
court with a copy of the writ of habaai cor-
pus which embodied the application there-
for, the hearing was deferred with the con-
sist. of the applicant, and November 17,
1587, said attorney-general appeared and
claimed that "the state of Texts, by her at-
torney general, now here, in open court
suggests that she is a proper party to this
cause, for ihe reason that it involves: 1.
The risht of her lawful officers to execute
the lawful process under ths laws of the
state. 2 That it involves the constitution-
ality of one of her laws. 3. That It assails
the right to raise a revenue from a lawful
source. Whereupon she asks to be permit-
ted to appear and be entered of record hei'e
as a party to this proceeding." Which was
accordingly done and allowed, whereupon
the hearing was proceeded with, Robert C.
Stockton appearing In person and by his
counsel, the Hon. John M.Duncan, M O.
Meador in person, and the Hon. J imas S.
Hogg, attorney general, in behalf ,of the
Btate of Texas.
The proof adduced amply and fully es
tablished the facts set forth in the petition
for habeas corpus, and clearly exhloited
the fact that merchants and citizens of
states other than Texas doing business in
Texas through drummers and selling by
samples of goods without the state and to
be delivered therein on sale, regarded ths
drummers' tax as without warrant of law
md as oppressive and unjust, and as op-
posed to ihe constitution of the United
States and the settled decisions thereon by
tbe supreme court of the United States, and
had come to the firm determination to make
resistance thereto by due coarse of law in
an appeal to the courts, and which views
ard determination were likewise enter-
tained by the drummers themselves, and
Mr. Robert C. Stockton, the relator or ap-
plicant herein, being the first party arrest
ed, has sued out this writ, he being a drum-
mer of Wm. A. Wilson & Co, citizens o?
Missouri, having no goods In Texas and
doing business as citizens of Missouri in the
state of Texas through the agency oil said
Stcckton, in selling by sample their goads
in Missouri to be delivered in Texas on sale
by sample to citizens of Texas or persons
jesiding therein.
The clause of the constitution that the
applicant Stockton claims to have baea
v:ola!eii by any state law, no matter what,
vchlch may have called for his arrest, is a3
follows, viz: Section 8. Tha congress
ihall have power * * * 3, To regulate com-
merce with foreign nations, among the sev-
eral states and with the Iudlau tribes. To
male oil laws which shall be necessary
end proper for carrying into execution the
U ri going powers and all other powers
vested by this constitution in the govera-
ttfnt c-f the United States, or in any de-
partment or officer thereof. The portion of
lie law complained of by ths applicant as
void and insisted upon by the stata as valid
is as fellow?, namely: Article 4865; Taut
tfceie shall be levied on and collected from
every person, firm, company,or association
ot persocs pursuing any of the fol-
lowirg-named occupations aa annual
tex, except when hereia otherwise
provided, on every such oocupitl>n
<r rpparate establishment as fallows:
* * * From eveiy commercial traveler
dromaer, salesman, or solicitor of trade,
by sarcv e or otherwise, an annual occap i-
uoii tux of 135. payable ia alvaaoe; pro
vlctt\ that 'to tsx herein required to ba
valfi t y tech commercial tr&vnW-. draai
ne;, ehlesmau or solicitor saall ba p»ll to
the comptroller ol public accounts, whoEe
receipts, under seal.ishall be evidence of
(be payment of such tax; and provide!
further, that to county, city or town shall
levy or collect auy occupation tax upon
such contnercial traveler, drummer, sales-
man or solicitor; provided, that nothiag
herein contained shall apply to aay one
collectirg subscriptions for religion?, liter-
ary or historical books or mips, or to per-
sons soliciting for nurseries, nawspapars
Etc! gravestones; provided fnrther, that
every commercial traveler, drummer,
salesman or solicitor of trade shall, on
demand of the tax collector of aay coaaty
of the state, or any paaee officsr of said
county, exhibit to such officer the conip
Holler's receipt above mentioned, and
every commercial traveler, drummer,
salesman or solicitor of trade who shall
fall or refuse to exhibit saltl receipt, to such
officer on demand by him shali be deemed
puilty of a misdemeanor and fined la the
sum of not less than $25 nor more than
$100."
It is this portion of the statute that the
lelator Stockton claims i3 void by reason
of being obnoxious to the provisions of the
Unileil States above quoted aud therefore
void. The state of Texas claims that it is a
valid law and that she is entitled to have it
enforced and that It is not so void. This
law imposes a tax in the first place upon at!
drummers whether acting as agents tor cit-
izens of other states in selling their goois
therein to citizens or people of this state in
this state by cample of such good3 or not,
and then provides a penalty for not pro Jac-
iDg a receipt showing the payment thereof
to the comptroller when demanded by tho
proper officer, and failing to pay such fine
or penally he may be arrested by other laws,
be thrown into jail and set to work oa the
county farm until he can extlngaish the
same through enforced labor at the rates
fixed by law. The object of the pe:.:a'.ty is
to it force the payment of an unlawful tax
declared in direct violation of the coa-itita-
tionof the United States, and that fallioir
the penalty for its disobedience also falls,
or in other words, the entire section is null
and void, and the same b6ing in direct vi J-
lotion ot the constitution of the Unttad
St ates.
The statesmen, soldiers and patriot3 wh >
cast their lives, liberties and saorod h mors
tor and in delense of American liberties,
and tor the foundation of a free and rapra-
sentatlve government for a frea paopte
upon tbe hazard of successful revolution
have pasred away, but the sacred principle
ot ton taxation without representation for
winch they struggled still survives, and to
i*ay remains one of the grand cornerstones
of our government, and is protected by
paragraphs 3 and 18 in section 8, above ra-
it »rfd to, of the constitution of the United
States.
What representation has the citizen of
one state In ihe laws of another state aft' ict
ing his commerce therein? Precisely none.
Bnt ifce cosgress alone represents the pao
pie of tne United States, as well as the
states, in their mutual tft'airs. Neither
itsue can say for itself wnat taxes it will
place ut ou the lawful commerce of citizens
of another sta'e within its borders, tha
property of such other cltizan not balog
therein. This is simply » question of
power. If a state can make a tax at alt
upon interstate commerce, it can do almost
anything in that line.
What would be thought of New York or
Ihe New England states if they were to tax
the cllizens of Texas or other southern
states for the sale of all cotton, hides, wool,
lecans and moss, or other articles ot com-
aerce sought to be sold therein by their
agents, drummers, or factors by levyiug a
tsx on such sales by sample therein? Wny,
it would be claimed by every cltizan of the
United States who adheres to the doctrine
of no taxation without representation, that
the ciUztns of Texas and other states were
not represented in the making of sach laws,
and thattbey were void as to thetnaad their
agents, as a tax on their agents wa? practi
cully a tax on their business, and if carried
cut or tolerated would allow any one state
virtually to lay aa embargo oa the com-
merce of any one or more stales, which
would be preposterous. The idea of a citi-
zen of the UJttttd Btates being challenge!
siijnheie in this nation by any power otaer
(ban national, in the conduct of his lawful
business In states other than his own, Is
elf c!d( dly absurd and ridiculous. He nevar
has bsd a chance to vote In the state not his
own upon that subject.
He has voted In his congressional dls-
<i let to doubt, for bis representative in con-
gress, and it is not unlikely that citizens of
other states have voted in their respective
congressional districts for their representa-
tives, ard wfcen they all meet in congress,
»ha;ever they msy lawfully determiae
therein, will be obeyed and observed by
i nch and every citizen In this broad land.
The people of this nation, no matter what
slate citizenship, bow to nothing save tae
v.111 of heaven and their own. Iad>tnastic
i-ffiiiis they express that will through t*ieir
le gislature, and it is obeervea by ail good
people. Iri interstate matters th^y express
that will, if any through congress*, aad it
is the price of all good citizens as well as
states to observe and respect it.
1? the power by tha constitution haj b'sea
lodged in congress, as in this case, aud coii-
giei-s fha'I not. have acted, both states and
peoplemustwc.it until congress legislates
upon tbe subject. There is no state or oo n
mutity of inuividivils that can make any
law stall upon that subject. Tha law lu.
question is utterly void so far as it affects
the commerce cf citizsns of other states
having no goods herein, but selling herein
by sample, and particularly Robart C.
Stockton, the applicant for habeas corpm
be-rein, as agentor drummer or commercial
traveler for Wm.A.Wilst n & Co. ot Kansas
City, Mo., and hb must be discharged and
released from custody aud have and re-
cover all costs herein. The following are
the authorities relied upon as.gittllng the
law in this case, viz.: Robbins^s. Suelby
connty taxing district, Tftin., United States
supreme court reports, page 439 et aeq ;
Fargo vs. Michigan, 121 United States sa
preme court reports, page 230 et seq.; Phil-
adelphia and Southern Steamship company
vs. Pennsylvania, 122 United States sa
preme court report?, page 320 et seq.
A judgment and order will be entered
herein In accordance with the foregoing
opinion. Chauncsy B. Sahin,
Uniletl Btates District Jadge for the Ext-
ern District of Texas.
TIIE JUDGMENT.
The following is a synopsis of the judg-
ment accompanying the decision:
Argument of counsel having been heard,
and the court having carefally coasidered
Ihe same, it is ordered that the restralat of
the liberty of the said Robert C. Stockton
by the said M. O. Meador, constable of
Smith county, Tex., and the proceedings by
which he is so restrained, and the law na-
der and by virtue of which the same were
had and sought to be maintained, were each
of them in violation of the constitution of
the United States, and that of right and jas-
tioe tte said Robert C. Stockton is entitled
to hie liberty and freedom from restraint,
and from each of the same; and itis fur-
ther ordered that he be at once restored to
his liberty by the said M. O. Meador, and
that the state of Texas and its officers and
e mployes desist from all efforts to enforce
the said law under which tho said Stockton
is arrested as commercial traveler for the
firm of Wm. A. Wilson & Co. of Kansas
City, Mo., and iu no manner further pro-
ceed against him to subject him to further
re st: aint. Fn; ther ordered that Rob?rt C.
Hlui sion recover all costs herein incurred,
ai.d ilat the officers of court recover their
costs of the respective parties, for which
execution may issue; and that a certiSed
copy ot this order be furnished to tha at-
ioruey-geteral of tbe state or Texas.
While Ihe state has the right or appeal
fiom this decision, it is not thought that aa
appeal will be taken, particularly a3 the
attortey eeneral was not present to give
loiiceol' tbe state's Intention ia taa preni-
Ices.
Ihe Presbjterian Bazar.
Tbe bazar given by the lidies of the
Presbyterian church last night at tha church
parlors was well attended and proved quite
a in.cesf. Music and recitations were cm-
tribmed by scr^e of Gilvestoi-'s pipulir
aid fitted amateurp. AU were wall rend-
ered ai d bifb'y appreciated. T'ne dalaty
ard fubstantiol refreshments thvt were
server* «er« al*o approci\tert. /Vlac^h will
beltervtd by the ladi»3 to day fron 10 a. m.
fo2p m. The bezar will be opened ag Un
this evening from 8 to 10 o'clock. Taelaliss
ofi'er bt this bazar a fine selection of fancy
work, toys, etc , from which to select Christ-
mas presents, nil of which they offer for
tale at prices quite as reasonable as they
coiiJd be purchased clsewheie.
O'Ktil! in Mento Crista.
Mr. Jarces O'Neill appeared at tho Tre-
mor t opera house last night in Fatoher's
dramatic adaption of Dumas'great work,
Monte Criato, one of the most interesting
woiks cf this great author. Tha audienne
vas a remarkably large one considerlug
tte very uninviting weather. While the
dramatization of Monte Crlsto could not ba
expected to encompass all of tha interest-
ing story, the play is in itself a master-
piece in bringing together the many strong
dismatic situations that the story presents,
aud bringirg them together in such
consecutive oraer and with such dra
malic consistency as to maintain aad
brirg out to the best possible
acvantage the many stirring incidents
of tte hero, Edmund Dantes. Mr. O'Neill
Ins greatly improved upon the preBen'a'ion
of the play since his lest vidt to Gaivestoa.
Not that the play it-elthas been changed,
except In the way of a generally improved
stage mounting and its presentation by a
etroi.ger company. Much attention has
been paid to the scenic effect, and very few
plays are ever presented here maro artist
caliy mounted. Each of the striking scenes
of the play—iho port of Marseilles, the
prison of the Chateau d'lf, the roadside
inn. the illuminated gardens of the Hotel
de Morcerf and the forest ot Fontainbleau
eac'r presetted well drawn pictures with
a remarkable thoroughness of detail, tha
brilliancy of the effect grea ly enhanced bv
the use of a strong calcium. Each act ot
tbe piay closes with a strong climax and
each brought forih a burst of applause last
night that echoed through the house long
utter the dropping of the curtain. Mr.
O'Neill is a very painstaking, graceful aad
able actor end carries the Interest of the
play from be-ginaing to end. Hi.s company
is very evenly balanced throughout and far
above the average of the traveling combi
nations that come this way. The attraction
is one cfthe best that will be presented
ibis season and should be sean to be appre-
o-iaitd. A matinee will be given thi3 after-
noon, and to night's performance will close
the engagement.
Debility
Languor, and Loss or Appetite, nro cured
by the use of Ayer's Sarsaparilla. It re-
moves that terrible sense of Constant
Weariness, from which so many suffer,
gives tone ami vigor to the stomach, and
restores health and strength more surely
and speedily than any oilier medicine. '
Throe years ago I suffered from Debility
and Loss of Appetite, the result of Liver
Disease. After having tried various rem-
edies, and consulted several physicians,
without benefit, 1 was induced "to take
Ayer's Sarsaparilla. The first bottle pro-
duced a marked change, and the second
and third accomplished so much that I
felt like a new man. 1 have, since that
time, taken about one bottle every year,
and had no recurrence of the trouble.—
William E. Way, East Lempster, N. H.
Ayer's Sarsaparilla,
Prepared by Dr. J. C. AyerCo., Lowell, Mas».
Sold by all Druggists. Tries $1; ttix bottles, ${*.
i^ASH£T
BITTFHS
C11are
AlLCiSOSESOFTHE
IJVER
KIDNEYS
STOMACH
AMD
BOWELS.
-Agn
ALLDRUGGISTS
PRICElQOLLAR
fcsesMasaseee'
IT IS A PUBEUT" VEGETABLE PREWtRMIOH
PRICI
SENNA
AUD OTHER EQUALLY'EFFICIENT REMEDIES.
It has stood ihe Test of Years,
in Curing all Diseases of the
BLOOD, LIVER, STOM-
ACH, KIDNEYS, BOW-
ELS, &e. It Purifies the
Blood, Invigorates and
Cleanses the System.
DYSPEPSIA,CONSTI-
PATION, JAUNDICE,
SICKHEADACHE,BIL-
IOUS COMPLAINTS, &e
disappear at once under
its boneficial influence.
It is purely a Medicine
as its cathartic proper-
ties forbids its use as a
bevoras'9. It is pleas-
ant to tha taste, and as
easily taken by child-
ren as adults.
P!t!GKLY^SH~B!TTERS 00
Sol& Proprietors,
ST.Louid und Kansas City
mvm
BREAK1
FOR SALE EVERYWHERE.
Remington Stand
Buy It with the privilege of returning
O. D. for full pi ice paid, It not ABSOLUTE
<lr,est guides of Linen Paper aud Type (vrlt
Ilamplilet upon application.
GEORGE W. MERCHANT,
723 MAIN STREET,
To Millmen and
BUlf OF THE M
(il "
Our Goods Can Not be Bought of Deal
Dealers i^ Rubber Belting, Steam Fittings,
Hose, Lubricators, Mill Tools,
National Oil Works and
Successors to JNO.
J. N. QTJIN, Manager, 46
SKIN TORTURES
That Defy All Other Remedial Spee
ily Cured by Cnticura.
Humiliating Eruptions, Itchlni? and Cumin
ct In Torturep, Loathsome so:en, and ever,
species of Itching, Scaly, Pimply, Iuheriteyj
ncrolulous and Contagious Diseases of thi
BJocti, Shin end Scalp, with Loss of Hair, fro*]
ii'fancy to old a«<», are positively cured
CiJTiCLiM, the Great Skin Cure, aud Curl
ci i a feOAP, an exqui?ite isfcln Beautifier, e>|
temallT, and Cdticcba Kksolvent, the NaT
Bleed Purifier, internally,
COVERED WITH SOKES.
I have been elHicted since last March with \
fikSn disease the doctors called Eczema. M*1
lare was covered with scabs and sores, an I
the itching and burning were almost unbettJl
able. Seeing your Octicitisa Remedies si
highly rt con mended, concluded to give thai 1
a tiial, using tho Ccticura and Clticctrf
Soap externally, aud Resolvent iuternalljl
for four months. I call myself cured, in grat'l
tudb for which I make this public statement.
&i US. CLAKA A. FIIKDEJUIOK,
Broad Crook, Conn, j
SCALP, FACE, EAB3 AKD flEQK <
1 was afflicted with Eczema on the Scaifl
Face, Kara and Neck, whish the druggist!
vLere I got your remedies, pronounced onf
of the woi st ca&es iliat had come under hif
notice. He advised me to try your OoitcufJ
Remedies, and after five days' u?o my scalf
and part of my fece was entirely cured, and L
hope 3n another week to have my ears, nee l
and the other pait of my face cured.
HEKM 4 V 8LADE,
120Ei&t Fourth street, New York,
TETTER i IN ALLY CURED.
Having used your Ocjticura Remedies fol
eighteen mcnths for Tetter, aod llnaiiy cuie l
it, i am anxious to get it to t-eil on cotnnhl
sion. I can recommend It bevond any remel
dies I have ever used for letter, Burns, Cuts!
etc. In fact, it is the best medicine I havf
ever tried for anything.
It. S. IIORTOtf, Myrtle, Miss.
Sold everywhere. Price, UuriocRA, fiucl
Soap, 25g; Resolvent, $i. PreDared bvthil
Potter Drug and Chemical Co., Boston, Mass!
4®"Send for "How to Cure Skin Diseases," &|
pages, 50 illustrations and 100 testimonials.
PIMPLE*, black-heuas. chapped and ofTI
18 If I skin, prevented by Cuiiqura MediI
cated Soap
JOT 11 STOPS I HE PAIN. I
B»J3T . Aching Muscles, Back, Iiips au<|
WBZgBjfc Sides and all P iin, Inflammation]
■ aD<* Weakness relieved in one mini
W Sm ^tt*uteby the Cuticura Anti-Pain P1m|
ter, the first and only pain-subduing p:after■
25 cents, ~
CURTIS t CO.!
MANUFACTURSNC CO,
817 and 819 ST, LOUIS,
W \ OVT
^ I
N. Second St.
MASm-'ACXURERP OF wmiWi-
d|uia Oleics
dA «V Of BOILERS
SAW MILLS
MACHINED?
LOGGERS' & BAfTERS'APPUANCE*
UVf AWd PLANING MILL SUPPLIES
«B» 'WIUTt 8-OIi CATALOGC)&?■«»
SANBORN & WARNE1
Manufacturers' Agents for the saie of
IMhi's Pat. M Bart Feice lira
FOB IKS STATE OF TEXAS.
Impression representing Gllddeu Thickset
Bai l;, 2X Inches apart.
-W—rl
Impression representing Glldden Kegular
Barb, 5 Inches apart.
Impression representing Oval Single Strand,|
2-po!ut barbs, 3 inches apart.
GALVANIZED OH, FAINTED.
Facta and figures -Glidden Wire Sot Only tb«|
BeBt, but the''Cheapest " J
It requires only 380 pounds regular Gllddenl
Barb Wire for one wire one mile at, say, 5j£l
cents per pound, would cost $19 80. Otaer ftyle»|
welf blng377pourri3per m!lo,at 25 cents per IOC I
pounds lo-s, vould cost the same; and J9#l
pom da. at Mi cents less, would aUo cost th«f
same. All other styles of wire win welg'u from!
26 to SO poun ds more per mile than the Gllddenl
wlt n same size main wires and number otbar&«|
employed. Therefore It Is not always tlM
cheapest wire per pound that maaes the cheap
est or the best fence.
»V SEND FOB 8 AMPLE LOT -Mr
Of our new single-Strand, 2 pointed barb, arm-J
ly attached, uniformly 3 Inches apart, SO cental
per 1(0 pounds less than Glldden, doubled andtl
twl.-ttd, making a light, effective,good,strong;!
barb wire at a low pi Ice. "
SAB BORH & WARMER, Houston T»*.
T. W. HOUSE,
BANKER AND COTTON FACTOffl
HOUSTON.
Will make liberal advance, to Inferior
chants and other shipper, to secure their
•lgnmenta of cotton. Strict attention
o elasiInK and aolllnc.
ard Typewriter !|
It unbroien at anv time wltliln 30 days, O.
LY SATl^FAOTOUV In every respect. The
er Supplies of every kind. Illustrated
Exclusive Dealer for Texas |
DALLAB, TEXA8.
Steam Users.1
ANUFACTUKERS.
Oils.Ballway & Axle Greases. |
ers, as We Sell Direct to (Consumers Only.
Stfam Packing, Friction Paper, Cotton Waste*|
Rubber Goods, Etc , Etc..
Mill Supply Companv^|
P. EKKDEKEB & CO.,
Franklin St., Houston, Tex.
r
ARMSTRONG BRACE!
ELASTIC 5USPEBDIIB WITHOUT RUBBER.
Somitlnfog Comfort and Durability.
MO aUBBSR USED IN THKSE COOQS. NICKEL PLATW
Gift ASS BPRIMG3 FU?!KISH THE ELASTICITV.
'jKjjs'Sour Dealer for ThemE
»r*t by Stfa i, f*oat on recaipt of price, et the foUoviac LM
Quality, p orfT^nb, ftO{'2 Quality, pl'n or fftney wtb S! fci
75 5
1.00 F
. -!f
piaiu k. 1.9#
faucr " 2,(Xt
48BST8M8 JrfC
Search Inside
This issue can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Newspaper.
The Galveston Daily News. (Galveston, Tex.), Vol. 46, No. 225, Ed. 1 Wednesday, December 7, 1887, newspaper, December 7, 1887; Galveston, Texas. (https://texashistory.unt.edu/ark:/67531/metapth466767/m1/8/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting Abilene Library Consortium.