The Galveston Daily News. (Galveston, Tex.), Vol. 51, No. 309, Ed. 1 Friday, January 27, 1893 Page: 4 of 8
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THE GALVESTON DAILY NEWS. FlUDAY, JANUARY 27, 1893.
pegiultjEws
A. H. BELO & CO., PDBM8HEB8.
l
f>
Oflico of Publication, Nos. 210S and 2110 Me-
chanic Street, Galveston.
Entered at the Fostoflico at Galveston as second
class matter.
FRIDAY, JANUARY 27. 1803.
THE MEWS' TRAVELING AGENTS.
The following arc the traveling representa
tives of The Galveston News and The Dal-
las News, who aro authorized to solicit and
receipt for subscriptions and advertisements
for either publication: T. B. Baldwin, Mar-
chant Little, J. A. Sloan, C. H. Cox, Walter
Woods, J. D. Linthicum, H. 1\ Simonds, A.
T. Clark, Don Beatty and J. T. Lynn.
A. H. Belo &> Co.
Galvoston, Tex., January 20, 1893.
ONLY THIR Y-F1VE PAGES.
The News has a copy of the first annual
almanac, being, according to the Fort Worth
Gazette, "a strong and able exposition of
work done" by the Texas railroad commis-
sioners and their secretaries, clerks, etc., for
the past six months. It is a small pamphlet
of thirty-five pages of matter. There aro in
it only six pages of statistics, the romainder
being largely devoted to running campaign
literature. The News describes this product
of a six months' travail in ordor to correct an
error. The way was prepared for it, as the
reader will remembor, by a* loud write-up in
the Fort Worth Gazette. In this write-up it
was explained by the Gazette that "the con-
cluding paragraph of the preface save one
dryly replies to the charge that the board had
nothing to do since Judge McCor-
mick granted his injunction, with the
statement that on account of tho
smaJlness of the clerical forco, being less than
one-half of even that of tho smaller class of
railroads, all parties connected with the com-
mission havo been generally engaged from
breakfast until well up in the evening with
only time to get dinner." This was not all.
It was also stated by the Gazette in plain fig-
ures that this "strong and able exposition of
work done" contained 348 pages. Believing
that three commissioners with their scissors
and tho recent consuB reports to whack with
them, aided by their secretaries, clerks, etc.,
with a session of six months "from breakfast
until well up in the evening with only time to
get dinner," could bring out something more
than thirty-five pages, The News took the
figures of an administration organ and
put it "348" pages. This was little enough
for a strain of six long months on the whole
squad. Will the readers take out of his head
the "348;' and make it "35" all told? Tho last
pago of the report has a "comparative state-
ment of passongar revenue for twenty rail-
roads," showing a net decrease of four months
in 1892 of $204,540 01. In order to prove that
the commission's policy had nothing to do
with decreases, after citing all the increases
in tho commission's favor, the report sub-
mits an explanation of this falling off as fol-
lows:
In addition to tho evils mentioned in tho forgo-
ing extract it in believed free passes were given
during the political canvass which preceded the
recent, election in this state for the purpose of in-
fluencing tho election.
It is not explained, however, undor what
code the unsworn belief of three commission-
ers is entitled to the woight of conclusive evi-
dence. The report is merely a very small
campaign document, as you will admit after
you have fairly examined it. Yet it is, accord-
ing to the organs of the administration, "a
strong and able exposition of work done."
In other words it shows what the highly-paid
and over-worked commissioners havo done
during the past Biz months. Look at it and
see if you don't think they have played
thunder with tho golden hours "from break-
fast to well up in the evening with only time
to get dinner." Only thirty-five pages, re-
member.
Make up your mind to let public office go
to thunder and to enjoy the independence of
on American citizen.
THE TAX THEORY AND THE BOND
THEOR Y.
The governor advisos the legislature to "di-
rect that tax assossors shall not accept any
property at loss than the amount for which it
standB mortgaged." The constitution requires
the assessor to accept it at its value. Tho gov-
ernor would increase tho tax burden in pro-
portion to tho debt burden under which prop-
erty rests and violate the constitutional rule
for fixing the tax. Tho greater the owner's
debt embarrassment the more the state would
exact from him, without reference to the pro-
ductiveness or value of the property. But
then probably the governor intends to reach
out after the highly mortgaged railroads.
They are taxed in most cases very much less
than their debts, and less certainly than their
value. That much is apparent. It appears to
be so in every state. If they are undervalued
tax assessors are at fault and should be dis-
ciplined. But then, how about authorizing
tax assessors in the name of tho state to recog
nize railroad mortgages? Here Governor
Hogg, who contends that a railroad iB mort-
gaged for $50,000 per mile but is only worth
$20,000 per mile and is robbing the people to
pay interest on $30,000 of inflated or fictitious
bonds and Btocks, instead of squeezing out the
wind and water, would recognize their validity
by a rule that would not tax the property at its
value as ho estimates it and as the constitution
requires it to be taxed, but at a much higher
value. Should the railroad in question be
rendered for taxation at the mortgagod in
debtedness of $50,000, would not the legis-
lative mortgage valuation be tanta-
mount to an admission by the highest
authority which could not be disputed
by a railroad commission that tho mort-
gage is tho infallible test of value? Such an
assessment at any rate would Bet the gov-
ernor's theory on the bond question squarely
against his tax theory. If railroads are not to
be permitted, aB they ought not to be, to pay
interest on fictitious bonds the state ought not
to collect a tax on such valueless and void
mortgages.
* ^According to the views that some of our
fellow citizens entertain American independ.
ence means the right of solf-government with
pistols.
IN THE LIGHT OF ARITHMETIC.
The governor, in his inaugural, claimed that
in about a year of commission regulation the
people had saved $3,000,000 in reduced charges.
The commission could reduce ohargeson local
traffio alone. Local traffic amounts to about
10 per cent of the entire traffic of the roads.
The gross earnings of the roads tho year pre-
ceding the creation of tho commission were
$35,000,000, leaving $3,500,000 for local traffic.
On this local traffic $3,000,000, according to the
governor, have been saved to the people.
Rates on local traffic were reduced leas than
10 per cent, according to the statements of the
commission. But tho railroad earnings were
not reduced. If the people have savod $3,-
000,000 on a 10 per cent reduction of local
rates, then local business must havo grown
from $3,500,000 per annum to $30,000,000 by
ono jump, and, as the gross oarnings of tho
roads have barely been maintained, their in-
terstate business must havo shrunk from $35,-
000,000 to $5,000,000 in this marvelous period
of local prosperity and political activity. It
requires no intervention suits, in tho light of a
little honest arithmetic, to Bqueeze tho wind
and wator out of such inaugural buncombe.
The governor advisos the legislature to "fix
the minimum value of lands below which the
assessor shall not accept it for taxation." The
constitution says: "All property in this state,
whether owned by natural persons or cor-
porations, other than municipal, shall bo
taxed in proportion to its value." The gov-
ernor advises tho legislature to violate tho
constitution. Should tho legislature fix tho
minimum value of lands as proposed tax as-
sessors would disregard tho law or violate tho
constitution. If they should bow to the legis-
lative assessment tho courts would tie them
up in chancery to koep company with othor
officials who havo endeavored to enforce un-
constitutional laws.
It is commonly undorstooil that Senator
Mills has considerable woight with Mr. Cleve-
land. No ambitious democrat who has an ap-
petite for federal patronago could afford to
be found loitering in his way. Not one.
Man is naturally a conspirator.
Every democratic nose in this country is
tired of sniffing breezes that come from the
Augean stables. The democratic coits want
Bome fodder.
Mr. Cleveland is tho only ex-presidont
who was over in it.
The deaths of ex-l'resident Hayes, General
Benjamin F.Butler, Justice Lamar and Bishop
Phillips Brooks were all sudden and unex-
pected. These patients had been suffering
from colds; all were thought to be well on
the way of improvement and safety; all were
taken suddenly, and, it is belioved, all died
because of heart failure immediately aftor
violent fits of coughing. The similarity of
noticeable symptoms of these patients and,
perhaps many othors, of more limited reputa-
tion, is something for the progressive practi-
tioner of medicine to study. Havo we a new
disease in our ranks that thus deceives and
defies the doctors, or aro these and others
merely the belated victims of la grippe?
When all the people become speculators
look out for advontures.
The Memphis Commercial should be ar-
rested for displaying its ignorance. So far as
one can judge from its fitful observations re-
garding political conditions in Texas it does
not know a fact from a hole in the ground.
President Hayes had in him too much
patriotism for a good partisan.
The gold is going to Europe ana the balance
of the money to Chicago.
What is the topor but a movable tank?
It is expected that a republican will succeed
Justice Lamar. Yet the republicans have
already a majority of the supreme court.
A majority is frequently nothing more than
a young minority.
Mayor Gleason of Long Island City is ap-
parently equal to both William the Testy and
Peter the Headstrong.
Opportunity makes tho brute as well as the
man.
Considering tho hearty unanimity with
which Senator Mills was chosen to succeed
himself there is hardly a doubt that ho could
secure a place in Mr. Cleveland's cabinet if
the matter were pressed a little. This would
open the field again for Governor Hogg and
his friends. It would not be surprising to
8eo them preBsing the matter with all their
might.
Avoid the habit of making excuses. They
are dangerous.
SNAP SHOTS.
No young man ever carved a fortune out of
a white pine goods box with a pocketknife.
"The first thing in ordor," said the chair-
man, as he pounded the table into splinters,
"is order."
Unless a young lady wants to be euchred
Bho had better hold her own hand. However,
sho need not go it alono always.
The wind of adversity frequently comes out
of the victim's mouth.
Suppose a beau should begin a love letter,
"I take my typo writor in hand," etc. Wrho
doubts that such form would knock all the
romance out of tho belle who recoived the
letter? She would never place sucfi a letter as
a plaster over her small size heart. Would
sho? No.
to bb continued.
"This is so sudden," sho said.
"Rats!" exclaimed the fastidious suitor,
and sho sprang instantly upon tho upright
piano, holding her skirts close around her
very small ankles as sho sprang.
THE STATE PRESS.
What the Papers Throughout the State
Aro Talking About
The neighboring republic is about to got
ahead of Texas in the way of prison manage-
ment and reform. The Eagle Pass Guide
says:
The new ponitentiary in Mexico will cost,
when completed, a little under $1,500,000 and
will hold about 1500 poople. There will be
schools and workshops in connection with it
and apartments for three grades of punish-
ments.
The Guide prints tho report of the United
States consul on tho trade between the United
States and Mexico, especially the export of
provisions from this country to the neighbor-
ing republic. Ho Bays:
Recently packing houses have been estab-
lished in soveral principal Mexican cities by
firms from the United States and large impor-
tations of live hogs from tho United States
are made, notwithstanding the high duty of
cents por live pound. The packing houses
are putting a good article on the market, and
it will be only a question of time when Ameri-
can ham, bacon and sausage will be a rarity
in Mexico. Lard pays a duty of 10 cents per
pound, which is prohibitory, and tho Ameri-
can packing houses established in Mexico con-
trol tho lard market outside of the zona libre.
Butter in tubs and cans is imported in lots
ranging from five to fifty tubs at a timo, but
is generally oleomargarine or butterine. Good
dairy butter retails at from 50 to 75 cents, and
the scarcity of pasturage makes tho home
supply very limited. Somo French and Danish
butter is imported, the former in glass and
the latter in tin, but there is no doubt that if
Mexican consumers could be convinced that
American butter is not exclusively and neces-
sarily oleomargarine, good prune buttor from
tho United States would find a ready market,
especially during the winter months.
Religious reciprocity. The Brownsville
Herald remarks:
For many centuries Christian people have
been sending out missionaries to heathen
races, but it was never thought that one day
the compliment would bo returned. Yet such
is the case. Alex It. Webb, formerly United
Slates consul at Manilla, has been converted
to tho Mohammedan religion, resigned his
position as consul, and is coming to establish
an Islamite mission in the city of New York.
The San Antouio Express says tho election
of Mills kicked the car alicd platform into
chaos.
The Express says:
Washington nevor displacod an official for
attempting to defeat his re-election. That is
where George the First diffored from James
the Last. Washington was prosidont for eight
years, yet all his addresses to congress rolled
into ono would hardly equal Governor Hogg's
message—for length. But tho father of his
country never worked off any political
harangues on congress.
The Express forgets the adago that com-
parisons aro odious. Washington and Hogg,
Hyperion and !
Tho Corpus Christi Caller undertakes to tell
"what our law makers aro doing, and
what they aro not doing for the country," but
makes a miserable failure in the latter. The
first was easy.
The Mexican Trader says :
Wo aro pleased to find thatthoUnited States
press, as a whole, fully recognizes that special
efforts should bo put forth by that country to
end, once for all, the miserable marauding ex-
peditions on tho frontior, which some news-
papers dignify oy the nnrno of revolution.
The feeling in Mexico is generally friendly to
tho United States, but undoubtedly great
sonoress exists in certain quarters on account
of the way in which this country has been per-
sistently libelled by a portion of tho American
press. This is not to be wondered at, how-
ever much it may be deplored. All that
Mexico asks from our journalistic friends in
tho north is fair play, and surely they should
not ask in vain. All that is necessary to in-
tensify tho friendship oxisting between tho
two countries is that the border miscreants
should be effectively doalt with by tho Uuited
States, on whoso territory they concoct their
mischievous plans and find shelter, and that
certain newspapers in that country should not
publish what the common sense of their
editors must toll them are wholesale lies about
Mexico.
Ichabod? Tho San Antonio Evening Star
says:
San Antonio was two years ago tho conven-
tion center of Texas, but her experience has
been that conventions are a very poor invest-
ment. It is not too early, however, to begin
agitation of the quostion of a southwestern
fair. San Antonio had once a fair and expo-
sition company and mOBt people, both those
at home and the visitors, were pretty sore on
it. It should be remembered, however, that
it was conducted solely for the benofit of its
managers, and the benefits which it might
confer upon the community were a secondary
consideration.
Tho Brownsville Herald says:
It is somewhat strange that January 8 should
have been chosen by democrats to be celo-
bratod as "Jackson day." Any other anni-
versary, that of the great general's birth or of
his election to the presidency, would have
been more appropriate. It is truo that the
great battle of New Orleans was fought on
January 8,1815, ana it was a great American
victory. But it was in no sense a decisive
battle, for a treaty of peace between England
and the United States had been signed at
Ghont over two weeks before the battle oc-
curred.
The event was a groat solace to the poople
of the United States, however. The country
had been goaded into the war without prepa-
ration and without the means to carry it to a
successful termination. Both England and i
France had laid heavy restrictions on Amer-
ican commerce. Those powers wore at war
with eaoh other, and each, in ordor to injure
the other, prohibited American vessels from
entering the ports of its rivals, by paper
blockades and overhauling ships at sea. Eng-
land claimed and exercised tho right to search
American vessels for sailors supposed to be
subjects of Great Britain and pressing them
into the English navy. Many circumstances
had arisen to arouso the feelings of Americans
against England. In May, 1811, the English
sloop of war Little Belt was ordered to the
United States coast to break up the trade be-
tween this country and France. She en-
countered the American frigate Pres-
ident near Sandy Hook and was
worsted in a fight which took place
before any declaration of war had been made.
At tho approaching session of congress Henry
Clay and John C. Calhoun urged a declara-
tion of war and the invasion of Canada. Early
in the summer of 1812 President Madison sent
a message to congress recommending a declar-
ation of war, though up to that timo he had
opposed war, because, as was said, the coun-
try was not in a condition to go to war with
tho greatest naval power in the wolfd. In the
meantime both France and England had ro-
pealod their orders against American vessels;
but the question of the right to search Ameri-
can ships for British sailors and force them
into the English navy remained and was tho
real issue in the war whioh followed. The
attempt to capture and annex Canada was a
failure; the British blockaded the whole of
the United States coast from the eastorn end
of Long island to tho mouth of the Missis-
sippi ; a British force of 4500 was landed from
Chesapeake bay, captured and burned Wash-
ington, the American capital, which was in
a defenseless condition, and would have
takon Baltimore but for the cour-
age and resistance of the citizens. As
Gay, the historian, says, "tho end of
this wretched war came aftorward," when
peaco was made at tho treaty of Ghent with-
out a word being said of the question of search
and impressment. Virtually this government
was beaten both in war and diplomacy—and
the battle of New Orleans, though it was of
no real benefit to the country, was a balm to
the wounded pride of the Americans. Tho
rejoicing that followed tho treaty of peace
was far greater than that which followed the
peace after the revolution. France had com-
mitted as many depredations on American
commerce as England previous to the war of
1812, and some American public men wished
this country, weak as it was, to go to war with
both. It required twenty yoars of negotia-
tions and a threat of reprisals from President
Jackson to secure the French indemnity,
which has not to this day been distributed
among the actual losers, but is held in the
national treasury, as the direct war tax has
been since the war of secession.
HIGHEST STATE COURTS.
A LARGE WATER 6DPPLT.
Caldwell to Have More Hydrants—Timely
Church Topics.
Cai.dwell, Tex., Jan. 26.—The Knights of
Honor re-elected all of the old officers for tho
following year.
The water company will at once proceed to
increase) tho water supply, as the demands are
getting to be very groat. Hydrants for private
use aro boing put in ail over the city.
Rev. M. Tynes, who recoived a call to the
Baptist church, was here last night to confer
with the brethren. It is now very likely that
ho will accept.
The district stewards of the Chappell Hill
district met at the Methodist church last night
and proceeded to fix the salary of tho presid-
ing elder and to apportion tho different con-
ference assessments to the several charges in
the district. There were present Rev. C. H.
Brooks, E. D. Motizon, J. T. Browning, H.
Hudgins, Wm, Roberson, Wo. Walker, Henry
Iiockwood, C. H, Ruby, T. B. Stone and T. L.
Watts. The delegates left for their homes to-
day.
The surveys of our eoaat lines are now prac-
tically oomplete.
SY1I0PSE3 OF JUDICIAL DL0ISI0HS
RENDERED.
0ase3 Appealed from the Lower Courts to
the Courts of Last
Eesort. ,
C«'i»rt of Civil Appeals, Fori Worth.
Second supreme district, Fort Worth : B. D. Tarl-
ton, chiof justico; H. O. Head and 1. W.
Stephens, associate justicos.
D. D. Swearingen vs. T. C. Wilson; appeal
from Wichita.
Appellee sued C. W. Israel & Co. for a debt
and made affidavit and gave bond to obtain
writs of garnishment against J. T. Craig, the
State national bank of Fort Worth and City
national bank of Fort Worth, and on Dec. 30
filed an additional affidavit, and application to
obtain a writ of garnishment against appel-
lant. D. D. Swearingun, whose residence was
alleged to be in Haidemau county. To ob-
tain this garnishment no additional bond was
given. Appellant first tiled motion to quash
the garnishment for the failure of appellee to
give bond at the time the garnishment against
him was sued out. This motion does
not appear to have been acted on. On April 24,
1888, appellant answered the writ of garnish-
ment and after denying indebtedness to do-
fondants in usual form, added that on or
about the day of May. 1830, ho purchased
from one Jo)in Craig, acting as assignee of
C. W. Israel & Co., certain bank fixtures for
$800, for which ho gave his promissory note to
said Craig as assignee; that the note was not
payable until all litigation between said Craig
as assignee and the creditors of said bank
was sealed; that he does not know who is
now in possession of the note, and asking that
paid Craig be made a party to the proceed-
ing and compelled to answer who is the owner
of it. The record does not show that Craig
ever appeared in the case. Judgment was
rendered against garnishee for $770 with in-
terest, and in favor of appellant for all costs,
including $50 attorney's fees. No affidavit
seems ever to have been tiled controverting
the answer of the garnishee, nor does it ap-
pear atllrmatively that any issues, verbal or
wntteu, were made up under direction of the
court as required by the atatute. It does uot
appear that the gamir-hee ever made objection
to the case being iried in Wichita county on
account of his residence in Hardeman. The
purported copy in the trausenpt from the mo-
tion docket should not be treated as a part
of the record. In Stark vs. Miller, (63 Tex.,
164,) it is said: 'The judge's notes
aro for his own convenience and that of the
jlerk making the entries and form no part of
the record.". In case ot discrepancy between
these r.otes and an entry in tiie minu.es he
laiter wouid prevail (Whiiaker vs. Goo, 08
Tex. 435; Eastham vs. Saliis, 60 Tex. 676).
The only effect that should be given to the
entry would be to enable th« uaruoa io have
an order entered nunc pro tuuc (Ximeties vs
Ximenet-, 43 Tex. 458). The action of the
court in proceeding with the trial without re-
quiring the issue to bo formed as required by
Biatuto was irregular, but we are uot prepared
to hold that it is fatal to tho judgment. Ap-
pellee did not controvert any statements made
in the aunwqr of the garnishee and could not
therefore have sworrr the answer was iiiL'o'-
rect. The failure, however, to form the issue
before entering into trial, presents a more dif-
ficult question. It lias been held that our statute
does not require formal plead tugs (Ins. Co.
vs. Willis & Bro., 70 Tex., 12; Davis tfc 13ro.
vs. McCormiek, 2 Ct. App. C. C. (JL'8) and it
has also been held that these issues may be
joined verbally and need not bo in writing
(Kclley vs. Gibbs, 84 Tex., 143). Appellant
having gone through the trial without objecting
to the manner of proceeding, cunuot be heard
to complain that the record failed to show that
necessary issues were made. It was as much
his duty as of his adversary to see that the
necessary issues were formed. The objection
that the trial was had in a cbunty other than
the residence of appellant comes too late when
presented for the first time in this court.
Judgment affirmed. Head, associate justice.
V. C. Holland, executor, et al. vs. A. J.
Farthing; appeal from Cooke.
October, 1873, J. A. Truo.ove, then unmar-
ried, purchased the lot in controversy from
J. M. Lindsay for $37 50, the deed bomg first
made to said Truelove, but on same day he
had Lindsay to erase his name and substitute
his tister, E. J, Truelove. The deed ou its
face purported io convey for a cash consid-
eration, out at the time of making it was ex-
pressly agreed betwsen Truelove and his sis-
,cr, E. J. Truelove, and N. G. Townscud, a
widow, that E. J. Truelove was to hold the
lot in trust for herself and Mrs. Town-end to
livo on, but upon thgir deaihor abrmdoument
of the same as a home it was to be tho prop-
erly of said J. A.. Truelove. In 1887 E. J.
Truelove died, leaving a will bequeathing
one-half of said lot to J. A. Truelove
and the remainder to appellaut, Hol-
land, as her executrix, to be used in improv-
ing a lot in Gainesville cemetery. Upon said
death, however, the said N. G. Townseud hav-
ing long previously abandoned the iot, saiu T.
A. Truelove took possession under tho terms
of the trust heiein before Bot forth and con-
veyed it to appellee Farthing. Appellees
claim title undor tho will and us heirs of E. J.
Truelove. The court found the trust in favor
of J. A. Truelove and rendered judg neut for
appellee, claiming thereunder that an ex-
press trust is uot within our statute of frauds
and can therefore be established by parol evi-
dence is sottied by repeated decisions. (Meau
vs. Randolph, 8 Tex., 191; Uailey vs. Harris,
19 Tex., 109; Leakey vs. Gunter, 25 Tex., 400;
Van Dever vs. Freeman, 20 Tex., 334; Clark
vs. Haynie, 62 Tex., 511; Nortleet
vs. McCall, 80 Tex. 236: Brotherton vs.
Weathersby, 7i5 Tex. 471; Neyland vs. Bandy,
69 Tex. 711.) While unable to lind a case in
this state contemplating occupation of tho
land by the trustee during his life, wo are un-
able to distinguish such an agreement in
principle from that recognized as valid in a
number of the cases cited above. Let tho
judgment of the court be in all things af-
firmed. Opinion by Head, associate justico.
Texas and Pacific railway company vs. J.
P. Davidson ; appeal from Eastland.
While appollee was a passenger on appel-
lant's train near El Paso tho train ran into an
open switch, throwing appellee on the arm of
the seat in which he was sitting, the arm strid-
ing him in the small of the back ou the side
of the spleen near the backbone. For the in-
juries received appellee brought suit and re-
covered a verdict and judgment for $2000.
Appellant's first assignment of error chal-
lenges the court in charging the jury that "the
degree of care required of defendant as a
railway company toward plaintiff as a passen-
ger, is such as would ordinarily be exercisod
by persons of great caro and prudcnco undor
similar circuusances." The court's instruc-
tion on tho subject was: "(Kir law requires of
railway companies a high degree of care in tho
management and operation of their trains to
prevent injury to passengers. The degree of
care required is proportionate to the nature
and risks of the business, and is such as would
ordinarily be exercised by persons of great
ca*e and prudei.ee uuder similar circumstan-
ces. The want of such care constitute* neg-
ligence." We approve this charge. Railway
companies, while not insured of their pas-
sengers, aro held to exercise the highest de-
gree of care regarding such safety. (Rail-
way vs. Burnett, 80 Tex., 536; Railway vs.
Stuart, decided by this court Oct. 18, 1892.)
Appellant next complains that tho court erred
in charging the jury that defend-
ant is responsible to plaintiff for
the actual and direct results
•of the injury, instead of charging the defend
ant is liable for injuries sustained which were
the direc; and natural results of the negli-
gence complained of by plaintiff. The charge
was as follows: "Should an injury prox-
imately result to a passenger from the negli-
gence of a railway company, its agontB or
employes, then such company is responsible
in damages for the actual and direct result of
such injury." This charge furnishes no
ground for complaint. Appellant's proposi-
tion Beelzs to make a distinction between an
injury and the result thereof. The character
and extent of an injury are fixed by its results.
The court did not err ifl ohar</intf the iurv to
consider plaintiff's impaired ability to per-
form his accustomed business, the ovideuce
being sufficient to justify a submission of tho
issue complained of, and the judgment is
therefore affirmed. Tarleton, C. J.
W. K. Baylor vs. Joseph H. Brown; appeal
from Parker.
J. A. Putnam, being indebted to Joseph H.
Brown, appellee, m tho sum of $5900, con-
voyed his entire stock of goods, fixtures, etc.,
an invoice to bo taken at their market value
and credited on tho debt. 'The value wus sub-
sequently ascertained to bo $3300. Tho trans-
fer was in writing and on tho same day, as a
part of tho same transaction, said Putnam
executed to appollee another writing, convoy-
ing all his notes, accounts, etc., the purpose
recited being the furthor Becuring of said in-
debtedness. Shortly afterward several cred-
itors attached the goods in contro-
versy and this suit was instituted by
appelleo to recover of appellant as
sheriff the value thereof, alleging con-
version by reason of his having attached tho
goods as bolongiug to Putnam. Tho sheriff
dofended on the ground that the transfer to
appellee was in fraud of creditors. On trial
below the court refused to submit tho issue of
fraud to tho jury and in effect instructed them
to find for appelleo. We are of opinion that
this was error. Tho two instruments must be
construed together as parts of the satno trans-
action, and when so considered there is ovi-
dence tending to show that the valuo of tho
property transferred was greatly in excess of
the debt to .be paid. If the transfer of tho
goods could bo considered as a separate trans-
action from that of tho notes and accounts the
action of tho court could be sustained.
Whether tho transfer of tho notes and accounts
is to be taken as a salo or only as a mortgage,
if the value, whon added to the goods, greatly
cxeeoded the amount of the debt it would at
least be a badge of fraud and its effect would
be for tho decision of the jury ulidor appro-
priate instruction. It is true, if the transfer
of tho notes and accounts is only to bo con-
strued as a mortgage, tho fact that their
valuo greatly oxceeded the debt would not
render the transaction void in law, (Sim-
mons hardware company vs. Kaufman &
Runge, 77 Tex., 138,) but even in such case it
would be a badge of fraud whore fraud in fact
is allegod in the pleading (Jackson vs. Harby,
65 Tex., 715: Hass vs. Kraus, 75 Tex., 106).
If tho two instruments aro to bo construed as
parts of the same transaction, as wo have held
they must bo, it is hardly necessary to add
that fraud in part of an entire transaction will
vitiatw tho whole (Oppenhoimer vs. Haltf, 68
Tex., 412-13), For tho refusal of the court to
submit tlip issue of fraud in fact the judgment
must be reversed and the cause remanded.
Head, awociato justice; Stephens, associate
justice, disqualified and not sitting.
Court of Civil Appeal* at Austin.
H. C. Fisher, chief justice; W. M. Key and W. E.
Collard, associate justices; Will L. Viuing,
clerk. Located at Austin.
San Antonio and Aransas Pass Railway
Company vs. Adoi.phus Busch—Appeal from
Bexar: Appellee paid to tho railroad company
$2000, the amount of his subscription, and tho
company has failed to deliver to him bonds
as it agreed to do in the contract of subscrip-
tion. By the terms of tho contract one of the
considerations loading to its execution was
the benefits resulting to appellee from the con-
struction of tho road. Tho road was com-
pleted as agreed, and tho only breach of tho
contract by the company is the failure to de-
liver the bonds. In determining the amount
of damages that appellee was entitled to, tho
court could not discard that element of tho
consideration called for by the contract that
resulted in benefit to appollee, and find in his
favor for the entire amount paid upon the
subscription. The broach complained of is tho
failure to deliver bonds. The damage should
be the highest market value of tho bonds from
the timo they should have been delivered and
tho time of the trial, with interest, less the
three years' interest as agreed in tho contract.
The court bolow found that tho bonds were
to be delivered a reasonable time alter appel-
lee made his fast payment. This finding iB or-
roneous, as it iB apparent that the bonds should
be delivered upon tho completion of the road
the distance agreed upon. The evidence of
Wagoner, to tiio effect that the bonds were to
bo delivered when the last payment was made,
tended to fix a different time for delivery from
that provided by tho terms of the contract
and should have been excluded. Revoraod
and remanded. Opinion by Fisher, C. J.
San Antonio and Ahansas Pass Railway
Company vs. Paul Wagoner.—Appeal from
Bexar: This is a companion case to Railway
Company vs. Busch, supra, and for the reasons
therein given the judgment is reversed and
cause remandod. Opinion by Fishor, U. J.
A. B. Frank & Co. vs. K. O. de Lopez et
al.—Appeal from Wilson: The potition states
a causo of action and tho trial court erred in
sustaining demurrers. The petition does not
meet the tost ordinarily required in stating a
cause of action upon a promissory note and
opon account; it aoes uot allege that Benito
Lopez bocame bound by reason of tho execu-
tion and delivery of the note, nor does it Bet
out the itoms of tho account or give a bill of
particulars. But the want of such allegations
is cured by the averments that vappolleos al-
lowed and approved the claims sued upon.
There is no law requiring the survivor of tho
community estate when so administered to
allow and approve a claim, and thoeffeot of
such allegation would be that r.ppollee admits
liability upon tho noto and account. Tho fact
that tho amount had been admitted or agreed
upon relievos the plaintiff from the necessity
of proving the items constituting the basis of
his claim.
Tho petition doos not state to what class the
claim sued on bolongs, but facts are alleged
which show that the administratrix has vio-
lated the torniB of tho bond by squandering
and wasting proporty of the estate in value
far in excess of all the debts duo by it, and
this shows liability of appollees for tho claims
6uod upon as woll as all other debts due from
the estate. The potition charges a dovastavit
and appropriation of tho assets of the estate
by the administratrix of the community, and
this authorizes a suit against hor and sureties
in any court having jurisdiction of tho amount.
The remody providod by article 2176 (Sayles'
C. S.) was not intonded to bo exclusive (Huff-
man vs. Schneider, 65 Tex., 5i5). Reversed
and remanded. Opinion by Fishor, C. J.
H. W. Beckwith vs. Louisa Haar et al.—
Error from Kendall: Action by the appellee
for damages for an assault producing pregnan-
cy and causing loss of time, wages and health.
An instruction that if the jury found for plaint-
iff they should not allow hor actual damages
exceeding $400 ', nor exemplary|dama.;e8 ex-
ceeding $0000, can not avail to reverse tho caso.
It is evident irom tho vordict that the charge
did not influence the jury. No exemplary
damages wore allowed, and the amount of
actual damages is exceedingly small. The uso
of the expression "full consent" occurs in the
charge having reference to exemplary dam-
ages, and as no such damages were allowed
the error, if error it be, was harmless. Af-
firmed. Opinion by Key, J.
Aug. Garteiser vs. Galveston, Harris-
burg and San Antonio Railway Company.—
Appeal from Boxar: Appellant was Injured
while crossing a bridge on a handcar, and tho
specific acts of negligence alleged aro (1) fail
ure to ring the boll or blow the whistle when
the train approachod and crossed a public
road near the bridge, and (2) excessive rate of
speed. At the timo the Southern Pacific had
possession of and was operating appolleo's
road, and ono Heinomau had a contract with
said company to fence the right of way. Ap-
pellee was employed by Homeman with oth-
ers, constituting the fence gang, and thoy
woro furnished tho handcar to transport them-
selves from place to place by tho company.
Appellant had no contract with the company,
The evidence shows that Heineinan and his
employes had a legal right to tho uso of tho
track in the manner they were using
it. All that the law required of appellant was
the exercise of Buch care for his own safety
as ordinarily prudent persons would havo ex-
ercised under like circumstances; and the court
erred in tolling tho jury that appollant; >
required to exorcise "the highest degreo of
care." The rule obtains in this stato that, in
tho absence of a statute or other express pro-
vision of law delating a particular act or
omission unlawfuPthe court can not properly
instruct that such act or omission constitutes
negligence. The charge controvenod this
rule. That portion of the charge which in-
structed the jury that statutory signals re-
?uired to be given by trains at a crossing wore
or tho sole benefit of porsons traveling such
roads or streets, and that a failure to give
them would uot be negligence as to persons
traveling on the track was incorrect; (Ry. Co.
vs. Gray, 65 Tex., 32.) As to persous travel-
ing in handenrs on tne track, whether or not
tho failure constitutes negligence is a question
for the jury.
Hemetnan was the master and appellant
was his servant. It was error to charge that
notice of the company's rules to Hoinoman
was notice to appellant. It wss error to chargo
that co-operativo nogligenco on the part of
Heinonian would be imputed to appellaut and
prccludo his right of recovery, if otherwise
any existed. Under the English rule (Thoro-
good vs. Bryan, 8 C. B., 115) this would be
correct, but tho American doctrine is that tho
negligence of another person, not participated
in by plaintiff, will not be attributed to him
uuless ho has some right of control over such
person, or they aro on terms of equality en-
gaged in a joint enterprise. (Beach on Cou.
Neg., 103 et scq.; Amer. and Eng. Enc. Law,
vol.4, p. 82; Little vs. Hacltett, 11.6 U.S.,
336; Ry. Co. vs. Kutac, 72 Tex., 643: Mark-
ham vs. Nav. Co., 73 Tex., 247). Reversed
and remanded. Opinion by Key, J.
Flr>t Suproino District, Galveston.
C. ('. (larrott, chief justico; A. J. Williams and
J I. Clay Pleasants, associate justices. Court
located at Galveston.
Southern Pacific Company vs. John
Lasch—From Galveston: Plaintiff brought
suit for damaged for personal injuries ro-
coivad while in the employment of appellants.
Wo think the facts alleged in the petition
bring the case within tho exception to t he
rule "that an omployo can not recover for
injures received from the uso of defective
implements, otc., of which he had notice as is
(Railway Company vs. Drew, 59 Tex., p. 12.)
It was adtnissablo to introduce proof to show
that appellant has promised to replace tho end
of the engine house, as evidence that oppelleo
was in tho exercise of due care aud that that
question should be submitted to the jury.
(Railway Company vs. Brentford, 79 Tex., p.
625) and (Railway Company vs. Williams 82
Tex., p. 312.)
Wo think from the evidence that the danger
was equally as obvious to the plaintiff as de-
fendant, and that an attempt to shovel coal
while the train was in motion with the end of
the house out would bo attended with dangor,
and thore was no danger whether the train was
moving or not that the plaintiff was not aware
of, and unless ho is protected in remaining in
the employ of tho company by reason of a
promise expressed or implied to remedy tho
defect he can not recover. But wo do not
think there was Bhown by tho evideneo any
promise, either expressed or implied, or any-
thing arising out of the notice to the foreman
of defendant as would havo induced the plain-
tiff to remain in tho sorvice.
Because the verdict of tho jury was contrary
to tho evidonco in the respect pointod out tho
judgment of the court will be reversed and the
cause remanded. Garrett, C. J.
negligence on its own nart, there being no
partnership between it and such other lines,
nor any other fact was shown undor which it
would bo responsible. (G., C. & S. F. Ry. Co,
vs. Baird, 75 Tex.) This package being ten-
dered tho appellant togother in bulk with
othors, somo of which wore damaged by tho
Wabash railway company, it was refused,
because tho Wabash refused to indemnify tho
appellant against said damage, the carrier in
whoso hands tho injury occurred could nob
force appollant to receive goods and tako re-
sponsibility of a suit for said damage, thoro
being no connection between the roads. Ap-
pellees loss thus aroso through fault of other
lines than appellant. >Vhou tho goods reached
Marshall appellant had tho right to hold them
until the charges woro paid, and appollee can
not recover for damages for detention result-
ing from his refusal to pay such charges when
it was tendered him. Judgment reversed and
rendered. F. A. Williams, A. J.
Henry Ash vs. D. A. Aiken—From Ander-
son: By the service of garnishments upon
appollant tho effect hold by him undor a deed
of trust were put in tho custody of the law
and a lion fixed upon them in favor of the
plaintiffs in the suits (82 Tex., p. 439, and 73
Tex., 614.) The court below should not have
rendered judgment requiring appellant to pay
over part of the funds thus hold to appelleo
unless tho bond of indemnity entitled tho
latter to it. The action of the court below has
prevented appellant from doing anything
more than he attcmptod, and at tho same tirno
judgment was rendered against him on tho
ground which wo have soou did not authorize
it. Reversed and remanded. F. A. Williams,
A. J. _
Henry Ash vs. R. W. Calhoun—From Ander-
son: This caso depends upon tho questions
decided in caso of Ilonry Ash vs. D. A. Aiken,
and in accordance with tho judgment rendered
therein it is reversed and remanded. F. A.
Williams, A. J.
GREEN'S .BRIGADE.
James Johnson et al. vs. the Lasker Real
Estate Association—From Galveston: James
•lohnson bought a lot of land and as part pay-
ment gave hiB note with vondor's lien of the
lot for $465 60, dated October 7,1884, to Cog-
gin & Parks. Johnson in March, 1885, exe-
cuted to William Cameron & Co. his noto for
$2010, payable December, 1885, interest 12 per
cent, and executed a deed of trust of the afore-
said lot, which note was indorsed to Brooke
Smith. In October, 1887, Johnson, in consid-
eration of borrowed money, gavo his note to
the National Bank of Brownwood for $3000,
and to indemnify B. Smith, indorser of said
note, gave to said Smith his noto for $3500, in-
terest at 12 per cent, secured by deed of trust
ou same proporty, which noto was by Smith
delivered to the bank as collateral to
said noto for $3000, which expressed a
lien upon the rents of tho building
also. For this total indebtedness Johnson ex-
ecuted to tho bank his noto due ninety days,
which included diBcount at tho rate of 18 per
cent per annum and at the end of. every nine-
ty days a new noto was executed at the- same
rato for tho total indebtedness due. The bank
collected tho rents and applied them to the
note then in force represouting the aggrogato
indebtedness. The junior lien of appellant,
M. A. Martin, was a deed of trust executed on
same property and otner of Juno 24,1885, to
secure noto of that dato for $6295 45, subject
to a lien in favor of tho bank for $3500 and
William Cameron for $2025. Mrs. Martin
pleads as a defense against said notes usury
and limitation. We do not think that Coggin
& Parks' vendors lieu noto nor William Cam-
eron & Co.'s noto woro tainted with usury. It
was after their execution and transfer to the
bank that the quostion of usury arises.
Johnson remained in possession of the
property and in addition to the payment of
the interest applied the rents to extinction of
his unsecured indebtedness. Appollants cou-
tend that the lien on $3500 was also a lien on
the rents they should have been applied to
that lien. This seems to bo otherwise (1 Jones
on Mortgages, sec. 670). Johnson had the
right to the disposition thereof until possession
was taken under tlie deed of trust. But when
the receiver was appointed and the property
taken charge of by the courts the rents should
then have been applied at least to the hen
upon the proporty and rents to secure note
for $.3500, hence the court orrod in adjudging
that tho rents accumulated and to accumulate
under the receiver should bo applied to that
portion of the plaintiff's judgment which had
been postponed to the appellant's hen. The
judgment of the court will be reversed and
remanded. Garrett, C. J.
International and Great Northern Rail-
way Company vs. Thomas Greenwood—
From HarriB: This is a suit brought by de-
fendant in error against the defendant for a
conspiracy or boycott against plaintiff, alleg-
ing that defendant by ono of its formen, one
McElyea, threatened to di3chargo all em-
ployes of said road that ato or drank or pat-
ronized in any way the plaintiff, plaintiff at
that time being proprietor of a boarding
houso and saloon in Houston, Tex. The jury
returned a verdict for plaintiff for $100 actual
damages and $300 exemplary damages.
The demurrer of tho defendant was
properly overruled. Tho ruling of the court
in sustaining tho objection to the question of
appellant as stated in third assignment can
not bo revised, beoauso the bill of exceptions
doos not state what the answer would have
boon. Under a general denial we do not think
appellant could interpose tho defense that
plaintiff's business was unlawful. If it is de-
sired to mako such a dofenso, it should have
been pleaded. We havo considered the evi-
dence bearing upon exemplary damages, and
conclude as a fact that tho act of appollant
was not done maliciously nor with reckless
or wanton disregard of appolleo's rights,
and, therefore, tho vordict for exemplary dam-
ages is not sustained. The verdict is not at-
tacked as not boiug supported by the evideneo
as to aotual damages and, in viow of the dis-
position of the caso, it will not bo necoBsarv
to notice this error further than condemn it.
If appellee will, within ten days, file in this
court a remitter of the exemplary damages
($300), the judgment will bo affirmed, other-
it will bo reversed and remanded. F. A. Will-
iams, A. J. ^
Thomas Benson vs. Screwman's Benevo-
lent Association—From Galveston: This
caso is reported in 76 Texas, pago 552. It was
held that a mandatnuB to reinstate plaintiff
should bo denied, because ho had a right to
appeal to the members from tho action of the
board of trustees expelling him. Plaintiff,
aftor his cause was remanded, amended his
petition, still seeking for a mandamus as woll as
for damages, but added nothing sufficient to
cure the defect which had beon held fatal to
his prayer for a mandamus. The court sus-
tained the general demurrer and special ex-
ceptions of defendants, and plaintiff,
refusing to amend, dismissed tho
suit. Undor the former decision
we must hold that exceptions to the potition
bo far as it sought a mandamus were properly
sustained. It still appears that plaintiff could
havo appealed to the socioty from the action
of its board. It does not follow that the case
should have been dismissed, for the mandamus
is allowed only a« a last resort. Whether an
action for mandamus could properly havo
boon joined with ono for damages in Buch
cases or not his petition did not entitle him to
the formor remody and tho oxcoption Bhould
have been sustained to the part which was bud
and ovorrulod as to tho part which was good.
Reversed and remanded. F. A. Williams,
A. J.
[Norn—Benson having died the writ of
mandamus is of no significance in this case.
—Reporter. 1
Missouri Pacific Railway Company vs. M.
L.Weissman—From Harrison: Appellant can
not be hold liable for delay which was caused
by its connecting lines in absence of proof of
The Coming Reunion at Flatonia—Circu-
lar From Secretary Rankin.
Brenham, Tex., Jan. 26.—Mr. J. G. Rankin,
secretary of Green's brigado association, has
issued the following circular, which is self-
explanatory :
Doar Comrados: Tho ninth annual reunion of
Groon'B brigado ascociation will tako place at
Flatonia, Fayotto county, Tex., February 21,1SU3,
Hope you may bo able to attoud, Tho transport-
ation committee havo secured rates of one and
ono-third fare for meinbors doBiring to attend
from tho following linos of railway: Houston
and Texas Central, East and West Texas, South-
ern Pacific and Aransas Pass, on tho certificate
plan, which is as follows:
Certificates must bi stamped by joint ticket
ajfont at place of mooting, and must bo signod by
tho socrotary of tho association as directed here-
in. On tho certificate plan tho passenger pnya
full faro to tho meeting and secures a receipt
therefor from tho ticket aeent, by request at tho
timo of tho purchase, which recoipt is a certifi-
cate, which, when stamped by tho tickot agent at
place of mooting, and tiliod out and signed by the
proper official at the mooting, becomes authority
for tho sale of a return tickot over tho same route
as was used on tho going trip at ono-third fare,
thus making a rate of ono and ono-third fare for
tho round trip.
When tho journey is made over more than ono
lino it is frequently necessary for tho passenger
to purchase a separate local tickot and procuro a
recoipt and certificate thorofor from each of the
linos over wlych he travels in going to tho meet-
ing. Passungors should thoreforo ascertain what
portion of tho journoy can be marie by tho tickot
procured from each agont, and should purchase
tickets and secure certificates aB may bo neces-
sary. Failure to procure or present a certificate
invalidates any claim for reduction in return
faro.
The tickot purchased for going passago may be
eithor unlimitod or limited, according to the rate
paid, or regulations in effect on the line over
which it reads, but tho return tickot sold at the
reducod fare will, in all casos, be limited to con-
tinuous passaco, beginning on tho date of ig^uo.
Certificates will not bo honored for return tickots
at reducod ratos unless presented on last day of
meeting, or not later than ono day after adjourn-
ment; nor will certificates bo liouored if receipts
attached show that going tickets wore purchased
more than two days prior to tho commencement
of tho moeting or after tho close thereof.
The reduction authorized for this occasion is
conditioned upon tho attendanco of not less than
fifty porsuns holding certificates of tho charactor
described. It will bo the duty of tho socrotary, or
othor person designated by the convention, to
colloct the certificates and submit them to tho
joint ticket agont. appoiutod for tho purpose,
who will stamp no certificate unless those of fifty
persons havo boon thus submitted. After tho cer-
tificates have boon stamped by tfio agent, filled
out and signed by tho secretary, thoy should be
returnod to the owner by tho socrotary. Certifi-
cates will not bo honored for tho issue of return
tickots at reduced ratos unless they havo boon
both stamped by tho tickot agent and signed by
the secretary or othor person designated. Re-
spectfully, J. G. Rankin, Socrotary.
COLONEL WHITAKER BURIED.
The Ban Jacinto Soldier Laid at Rest,
Resolutions of Raspect.
Nacogdoches, Tex., Jan. 25.—The funeral
of Colonel M. G. W'hitaker was conducted by
tho Masonic fraternity, of which ho had boon
a member most of his life, and was largely at-
tended by poople from tho town and from tho
country. Ho lived in both tho town and tho
country so much that ho was counted in both.
His grave is beside that of his wifo in the his-
toric North Church comotery, four miles north
of town.
Tho membors of Milam lodge adopted the
following:
To tho Worshipful Master Wardens and
Broth roil of Milam Lodge No. 2, A F. and A. M.:
Your committoe appointed to draft resolutions
oxpressive of tho sympathy of this lodge on tho
occasion of the doath of our bolovod brother, Al,
(>. Whitaker, who departed this life January 23,
1U93, respectfully submit the following:
Whoroas in his wise dispensation the grand
master above haB called from his labor our bo-
lovod brother, M. G. Whitaker;
Resolved, that the membors of Milam lodgo,
bowing in humble submission to tho allwise
master, do dooply doploro Ills death, by which
this lodge has lost one of its oldest and most hon-
ored members, this community a citizon who will
long bo missod, and tho stato of Texas a hero and
patriot who faced the dangers and shared the
glory of 8an Jacinto.
Rosolvod, that for flfty-throo years he fur-
nished tho mombero of this lodge and the citi-
zens of this community a beautiful oxamplo of a
true disciplo of Masoury. Tomperanco, fortitude,
prudonco and justice woro the charms that
adornod him and made strong tho tics which
bound him to this lodgo and community in com-
mon with whom we mourn his loss.
Rosolvod. that wo tondor to the beroavod fam-
ily our sincere sympathy, and frat u-nally offer
them the consolation of tho hope that he so lived
that when ho shall knock for admisH.on into tho
celestial lodgo abovo tho response will bo: ''Woll
done thou good and faithful Bervaut, enter into
tho joys of thy Lord."
Rosolvod. that a copy of thoso resolutions be
furnished tho family under seal of tho lodge, and
a copy also be furnishod tho Star-News and
Chronicle aud tho representatives of the Houston
Post and Galvebton News, Rospoctfully sub-
mitted, W. A. Wilson.
T. J. Caraway.
J. F. Summers.
^ J. C. Harhis.
THE LEON COUNTY TROUBLES.
No Authentio News of the Triple Negro
Killing.
Oakwoods, Tex., Jau. 26.—There has been
no negro killed in this part of tlie county thai
tho News correspondent has heard ot.
No News ut Jowett.
Jkwrtt, Tex., Jan. 25.—I have heard noth-
ing of three nogroes being killed near tha
Trinity river in this county.
Cotton Seed May Be Scare®.
Oakwoods, Loon Co., Tel., Jan. 25—Tha
weather is fine and farmers havo commenced
plowing, preparatory to another crop. It is
fearod that cotton seed to plant will be very
scarce. Owing to the high price being paid
by tho oil mills—to wit., $7 por 1000 pounds—
a great many will sell out, forgetting Lhafc they
will need planting seed. We have shipped, up
to this dato from Oakwoods, 3650 balos ol
cotton. ^
Farmers at Work.
Bobtoh, Tex., Jan. 26,—The beautiful
weather has induced farmers to begin aotira
operations for the next crop.
The streets of Burton are now being pul
into a flnt condition.
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The Galveston Daily News. (Galveston, Tex.), Vol. 51, No. 309, Ed. 1 Friday, January 27, 1893, newspaper, January 27, 1893; Galveston, Texas. (https://texashistory.unt.edu/ark:/67531/metapth466915/m1/4/?rotate=90: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting Abilene Library Consortium.