The Galveston Daily News. (Galveston, Tex.), Vol. 51, No. 309, Ed. 1 Friday, January 27, 1893 Page: 6 of 8
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THE GALVESTON DAILY NEWS, FRIDAY. JANUARY 26, 1893.
THE WORK AT AUSTIN.
DISCUSSIONS ON BOTH SIDES OF PRO-
POSED NEW MEASURES.
«. I f
The Bill Taxing Notes, Bonds, Contracts
and Other Evidenoes of Debt Held
by Persons Without the State.
Dallas, Tex., Jan. 26.—a News reporter
yesterday interviewed Hon. Dudley Q.
Wooten in regard to Senator Rearby's bill
to make notes, bonds, contracts and
other evidences of debt held by persons
without the state of Texas, that ar? secured
by a lien on land within the state, subject to
taxation in the state, and providing that they
shall be rendered and the taxes paid thereon
in the county in which the land is situated,
and providing the mode of collecting the same,
and prohibiting any agreement whereby the
payor of said note, bond or contract or other
evidence of debt shall pay said taxes or be-
come liable therefor.
Mr. Wooten said: "Senator Kearby is rec-
ognized as one of the ablest exponents of the
extreme views of the administration. He is
one of the members who hold over, and he
brings over with him all the rancor and hos-
tility of the last legislature and the bad blood
of the last campaign. He has the reputation
of a good lawyer, but he has b«n identified
in the senate with a number of bills whose
unconstitutionality have been conclusively de-
clared by the courts of highest resort. The
bill just introduced by hiin is a fair sample of
the regard the constitution of the United
States is held in in some quarters,as the same
has been interpreted by the supreme court of
the United States. It is a maxim in law that
real estate securities have always been re-
garded as personal assets and derive their
taxable stat us from the residence of the holder.
It is a fundamental principle of the right of
taxation in all states that it cnnnot be ex-
ercised extra territorially and that a tax im-
posed upon persons, property or business be-
yond the jurisdiction of the state is absolutely
void. This proposed legislation to which Sen-
ator Kearby stands sponsor provides that all
such securietes upon real estate which are
held by non-residents persons, firms or cor-
porations, shall on Jan. 1 of each
year be subject to taxation in the counties in
which the real estate is situated, the same to
be rendered to the assessor, and upon failure
or refusal to pay the tax, the assessor is re-
quired to take a lien upon the mortgaged land,
which shall have priority of the lien secured
by the mortgage, bond, note or contract.
"This wholesale attempt to tax non-resi-
dents upon personal property held without the
state is in keeping with the policy which
seems to animate the present administration.
It is not enough for them that homo corpora-
tions and enterprises are to be taxed, bur-
dened and harassed with useless and vexa-
tious restrictions and impositions, but it is
proposed to even reach beyond the state and
subject to the ruthless powes of unnecessary
tax the personal assets of such non-residents
as may have been confiding and kind enough
to leud their money to our struggling and im-
poverished people. It is but a feeble attempt
to resurrect the ruinous objects of the alien
land law which was so summarily laid to rest
by the supreme court of Texas.
"Such legislation is only worthy of notice a3
indicating the reckless and hostile spirit that
prevails among certain leaders of the ruling
faction. This precise question has been re-
peatedly decided by the supreme court of the
United States, and the leading case of the
Cleveland railway company, etc., vs the com-
monwealth of Pennsylvania, reported in the
Fifteenth Wallace, page 300. is conclusive of
the absolute unconstitutionality of Senator
Kearby's proposed law. In this case the su-
preme court of the United States expressly
holds that a mortgage, bond or note secured
by a mortgage, t hough in the form of a con-
veyance, is a more security for debt and trans-
fers no estate in the mortgaged
premises. It simply creates a lien
upon them and only confers upon the
holder or party for whose benefit the mort-
gage is given a right to proceed against the
property mortgaged upon a certain con-
tingency, to enforce the payment of his de-
mand. Tins right, says the court, has no
locality independent of the party in whom it
resides, and the tax law of a state can have no
extra territorial operation.
"It was therefore decided that a law similar
to the one now proposed in Texas, when at-
tempted to be enforced in Pennsylvania was
unconstitutional and void."
* * *
Referring to the bill, Mr. De Edward Greer
said in an interview with a News reporter:
"This, as all such laws do, will result in a
hardsnip to the farmer. It will drive away
capital and that which remains will
command a high rate of interest, the increase
of interest paying the tax, and thus the tax is
paid by the farmer, notwithstanding the law.
Aside from this consideration it is unjust and
results in double taxation. All the states and
all the countries whose citizens loan money
here tax the evidences of debt where they are
hold, just as the citizens of this state pay
taxes on their bonds. Hence, the bondholder
would pay taxes twice. Again, all the money
loaned here is either invested in improve-
ments or goes to pay debts, or is spent here.
In either event the money in some form is
taxed here and the state does not lose any
revenue. So, from any standpoint, tho law
would be harmful, unjust and fail of its ob-
ject."
AN ORPHAN'S TBAG10 DEATH.
The First in the History of the Buckner
Orphans' Home.
Dallas, Tex., Jan. 26.—A mantle of sor-
row and sadness settled over the hearts
of the inmates of Buckner orphans' home
the other day when it was announced
that little Johnnie Butler, one of their
number, had met death in a tragic manner,
and had gone to join kindred spirits across the
dark river, leaving behind a bereaved, heart-
broken sister, aged 17. These children were
Bent from Ellis county about six years ago.
Nothing was known at the home of their parent-
age and history outside of the register in which
Dr. Buckner records everything of interest
about the past of tho children. But this sister
and her tender little brother, th/m 4 years old,
found shelter and comforts in the homo and
they were members of that large and interest-
ing family which is tho solicitude of every
generous heart acquainted with the objects of
that institution, and when it was known that
Johnnie was dead the entire family felt the
blow very keenly.
Tho artesian well, to secure which the com-
mercial travelers of the state and others have
labored bo earnestly, is not yet a reality, and
it is necessary to haul water for the home.
Saturday evening the water wagon was start-
ing for a supply of water and little Johnnie
playfully caught hold of one of the wheels of
the wagon. He was carried up and over and
he fell to the ground between the wagon bed
and the wheel, breaking a blood vessel in his
breast. It was a fatal fall. The little follow
cried out to Mrs. Buckner as he fell: "Aunt
Sallie, come here quick. I am killed." He
was carried into the house. Dr. Bohannon
was called and tender hands went to work to
alleviate the sufferings of the little orphan
boy. The doctor came and made an examina-
tion, He thought he saw from the start that
Johnnie's injuries were fatal. The broken
blood vessel, which was beyond the reach of
Burgical skill, was rapidly draining the life
blood. During Sunday Johnnie was con-
scious and cheerful and bright.
"Sunday night," said Dr. Bucknor, "I sent
for the doctor again. An effort had been
made to get a consultation with physicians
from the city. I placed my hand on the little
fellow's breast and 1 could feel the throbbing
and the rushing of the blood. A few minutes
before he died that night ho asked Aunt Sallie
to go into the yard and get some toy that he
had left just before he climbed on the wagon.
He asked for a drink of water and his sister
stepped to the door to get it and before she
could turn back to the bed he was dead. She
a scream and we knew his little life had
gone out. He was conscious up to the very
moment of his death."
They sent to the city for a coffin and Mon-
day evening the remains of Johnnie were laid
to rest in the little graveyard near the home.
The large family of between 200 and ttOO
children, or as many as could go, attended
tho funeral. Dr. Buckner, the president and
founder of the home, conducted the servicos
at the grave.
Speaking of the burial Dr. Buckner said:
"The children all stood around the grave and
it was one of the most touching, tender scones
1 have ever witnessed. One little boy of his
own accord stepped up behind mo and held
his hat over my uncovered head to keop the
sun off while I conducted the services. We
opened with a song in which the children
joined, then a short prayer and then I ad-
dressed the children in about these words:
'Children, when you go to the forest in the
fall of the year you seo the loaves of the trees
falling and you know that sooner or later
every leaf will fall, but you cannot tell which
leaf will fall next. As with tho trees so with
the human family. You know wo have all to
die, but you don't know which life will fall
next. Little Johnnie is to be put in the grave.
You cannot tell who of us will be the next to
be buried. And children, you ought all so to
live that when death comes you will be ready.
If any of you have spoken an unkind word to
Johnnio or were unkind in your acts toward
him you new feel sorry for it and you would
like to ask Johnnie's forgiveness if he could
come to you now.'
"When I brought that before the children's
minds they cried, and I continued: 'For
every kind word you have spoken and for
every kind act toward Johnnie you now feel
glad. This should teach you to bo kind and
affectionate to each other. Only employ kind
words and indulge in kind deeds toward your
companions and playmates. Then you will
have no regret about your conduct toward
them if you are called to attend their burial.
You will then have only kmd and pleasant
feelinys. None of us have a permanent home
in this world. This is the orphans' home and
you are at home here and welcome and happy,
but we will have to separate after a while, and
then, sooner or later, death will claim each of
us. There is a happy and a permanent home
beyond this life, into which all who love God
and trust in Jesus Christ and follow him will
be received; where there will be no accidents,
no unsuspected deaths and no separation.'
"At the suggestion of the weeping, heart-
broken sister we then sung 'The Home Over
There' and the mound was heaped above the
frail body of the orphan boy and moistened
with the tears of his little companions in
life. I tell you it was a touching sight to seo
those children with the tears trickling down
their cheeks trying to siug that song. Some
of the neighbors in the community came out
and assisted at tho funeral.
'•Johnnie had lor some time been a remark-
ably kind, attractive and interesting boy. I
talked with him just a little while before he
died and he smiled, though suffering aa he
was. During the epidemic of black measles
at the home several years ago wo thought he
could not live, but ho struggled and fought
heroically for life—and tfbn. He was a prom-
ising boy.
"It is the first serious accident," Dr. Buck
ner continued, "that we have had at the home
during the years of its existence. The work
men have been engaged erecting the buildings
and layiug the brick, and not an accident in
the entire family of little ones. Johnnie's
death was peculiarly sad and distressing."
CENTRAL PITY OULLINGS.
Amending the Game Law.
Waco, Tex., Jan. 25.—A petition numer-
ously signed by business ana hunting men of
Waco and McLennan county was forwarded
to Austin yesterday asking the members of
the senate and house of representatives to
vote for the passage of the bill now pending
amending the game laws so as to more
effectually protect game of every Bpecies, fish,
flesh and fowl, and to include all counties in
its provisions. Mr. Suinmerfield A. Garland
said;
"I believe that under the existing ineffect-
ual law game will disappear from the state.
1 especially advocate the clause making it a
penal offense for a railway, express company
or other carrier to transport game from Texas
to outside markets except under such restric-
tions as will limit the shipments to an extent
that will prevent the slaughter now in
progress. If the tonnage of game killed in
Texas for account of northern caterers was
computed it would startle tho people into
prompt measures of suppression."
Mr. H. E. Ambold said: "I find that unlaw-
ful nets are in use and fish are destroyed by
poison and by dynamite. The waters of Texas
will be entirely without game fish at the rate
destruction is going on. A check should be
applied. As for birds, I think they need pro-
tection to prevent extinction. It should be
made unlawful to expose quail in coops for
sale. It is the nettcrs in this case, not the
gunners, that need looking after."
County Clerk Tom Brown Baia: "I hope the
legislature will pass the game act. The for-
ests, fields and streams will get very lonsome
if some people are allowed to go on with their
murderous work unchecked."
Justico Jack Harrison said: "Songbirds
should be protected as well as tho game birds.
A bad boy with a shotgun will kill a mocking
bird feeding her young. I find foxes getting
scarce, too, but I do not know about protect-
ing them. The barbed wire which saves tho
scalp of the wolves does not save the foxes. A
wolf when chased runs in a straight line, and
no horseman nor peck can follow him through
the fences. A fox runs in circles and they ean
still be caught. Foxes are very scarce now;
but we are importing a few good ones from
Alabama."
Why Convicts Favor the Leane System,
The class of people who aro in the habit of
incurring penalties in tho county court com-
plain that the abolition of the lessee system
works a hardship on them because the lessees
accepted promissory notes and let them re-
main away from the farm while the county
which now works its own convicts, cannot ac-
cept notes, but insists on cash or service.
One negro who owed a fine for craps wanted
his son to go as his substitute. Judge Jen-
kins ruled against the proposition, although
the son appeared willing to sorve the time for
his father. The farm force is being recruited
from convictions for gaming.
Wanted Clothes to Marry In.
A boy was arrested last night while making
his way from a hotel with a new suit of men'i
clothing in a bundle under his' arm. He
proved that the clothes belonged to a guest,
who had been expelled from his room for
failure to settle board. This guest being about
to marry, hired the boy to enter the room
through the transom and secure the suit to
wear at his wedding. The boy was discharged.
Scarlet's .Romance.
Bonham, Tex., Jan. 25.—John Miller has
been arrested and put under bond, charged
with attaching names unauthorized to a note.
He will have an examining trial to-morrow.
News reached here from Telephone, a small
place on the river north of here, that while out
hunting Will Hamerick accidentally shot
Charley Hawkins. The load from (me barrel
of a shot gun entered Hawkins' thigh and
leg, so badly shattering it that it is thought
the wound will prove fatal.
Jim Scarlett is dead. He died a few days
ago on the river in the northern part of this
county. Several years ago Scarlett was tried
before a Fannin county jury—charged with
killing Andy Laceiield. Tho evidence was
circumstantial, but tho jury brought in a ver-
dict of guilty and assessed his punishment at
death. Scarlett waB patiently awaiting his
doom, when to the surprise of all, Laceiield
appeared in the city and Scarlett was re-
leased.
Henry Hunt has filed BUit against the Texas
and Pacific railway company for $1800 dam-
ages on account of his wife being thrown, it
is alleged, from the stops of a car at Windom.
Electrio Street Car System.
Tylek, Tex., Jan. 24.—The proposed elec-
tric street car system now seems to be a cer-
tainty. Major James P. Douglass is in Kan-
sas City making the final arrangements. It
will encircle the suburbs, making in ail about
five miles in length.
The city fathers are considering a proposi-
tion for fifty additional electric lights, dis-
tributed in the four wards of the city.
NSORANCE LEGISLATION.
MR. SAM P. COCHRAN'S VIEWS
THE SUBJECT.
ON
He Is in Favor of a Law That Will Protect
Alike the Companies and
the Assured.
Dallas, Tex., Jan. 26.—A News represent-
ative yesterday interviewed Mr. Sam P. Coch-
ran on the question of insurance legislation
now under discussion at Austin. He said:
"The importance of any measure calculated
to reduce the fire waste of tho country at
large, or in the stato of Texas in particular,
must be apparent to any one who gives any
consideration to the subject. I am therefore
pleased to note that a bill tending in this di-
rection has been introduced in tho legislature
at Austin, being a bill to provide for inquests
on fires and accumulating and reporting fire
statistics. Similar measures in some other
states, and in some particular cities, where
the requirements are faithfully carried out,
have pro/en of great benefit in bringing to
light the causes of lireB, and suggesting rea-
sonable remedies or means for prevention.
It must be borne in mind that the insurance
companies aro not the only ones interested in
this matter. It is of great importance to the
citizens of the state, because all loss by fire is
a direct destruction of that much property,
and a reduction of tho material wealth of the
state. The citizen is particularly interested
inasmuch ao the business of insurance is
simply one of dollars and cents, income ami
expenditure, aud whatever affects the cost of
insurance affects tho buyers thereof, or in-
surers. Many persons have an erroneous
idea that insurance companies aro corpora-
tions where those behind the scenes pocket
enormous profits, wrung from the people at
large, but it seeuis a better understanding of
the business is becoming current.
"When it is considered that insurance com-
pauics aro meroly associations of individuals
carrying on a legitimate business; that the
capital stock is merely a guarantee fund ad-
vanced by the stockholders to secure those
seeking indemnity against loss; that the av-
erage dividend on such stock will hardly
reach 7 per cent ou the value ot the stock;
that these dividends are generally paid from
interest income on invested assets, aud rarely
from the profits of the business, it will bo
seen that the stockholders are not growing rich
on the earnings of the operations of the com-
panies. They simply derive a reasonable in-
terest on the money which they hazard for the
protection of the policy holders. Now, of
course, insurance companies must make both
ends moot or go out of the business. Where
their income does not meet their expendi-
tures, they must draw on their surplus, and
when this, becomes exhausted, throw up the
sponge.
The expenditures of insurance companies
are mainly two items, viz: Expenses and
losses. The expenses of well managod com-
panies maintain a very general and uniform
average through a long series of years, so that
the item where the profit must be looked for
is in holding the loss ratio down to such a
limit as will leave a margin after paying all
honest losses and tho average expenses. Con-
sequently, to come back to the bill—whatever
will reduce the loss ratio must iucreaso the
chance of reasonable profit to insuranee com-
panies, and whenever the business in any state
is found to be profitable, the rates of insur-
ance are reduced to a reasonable extent. One
of the chief factors in the consideration of
losses of insurance companies is the moral
hazard, for which no rate can be computed,
and against which the judgment and calcula-
tion of underwriters are futile.
"One of the troubles on this score is that
the crime of arson is tho hardest to
prove or convict a person of known
to the law. A man may be con-
victcd of murder on circumstantial evidence,
but I believo it is generally conceded that it is
impossible to convict a man of arson on any-
thing except direct and positive testimony.
It is so easy for a person so inclined to set a
building on fire in the middle of tho night and
got away boforo the fire assumes sufficient
proportions to attraet attention, or so arrange
a candlo and a pile of trash that a fire will
take placo during the night that it rarely hap-
pens that any ono is detected in the act of
starting the fire.
"The columns of The Dallas News con-
tain every day a list of fires reported from tho
stato and tho important fires in other states
and there is scarcely a day passes that there
aro not several fires reported of supposed in-
cendiary origin. Of course all these supposed
incendiary fires aro not really of incendiary
origin, but a great many of them are and yet
the records of the court show very few con-
victions for this crime.
"As stated above, one of the troubles lies in
the fact that it is so extremely difficult to se-
cure the conviction of a person for arson; and
auother probably is the idea which a groat
many people have, that it is the business of
insurance companies to become public prose-
cutors of incendiaries. Now a law which will
make it the duty of the proper officer of the
Btate to keop up this branch of work, with
which insuranco companies have in no sense
any connection, further than that they are in-
terested in seeing that the crime is reduced to
a minimum, such a law wili be of great
practical benefit to the stato and its people.
When the people who are evilly inclined, and
disposed to burn up property for revenge, or
for the purpose of securing tho insurance
thereon, understand that every fire is to be
inquired into by sworn officers of the state, it
will cause many such people to hesitate boforo
committing such crime.
"Heretotoro the only investigation in such
cases has generally been that of the repre-
sentative of an insurance company who would
go on the ground a stranger and whose in-
quiries were met as a rule by a profession of
complete ignorance on the part of every one
approached, because such persons had no in-
terest in assisting an insurance company and
were probably friendly to the person under
investigation or afraid to say auything for
fear of having their own property dostroyed
by the miduight picendiary. But an investi-
gation by the proper officer of the law will be
a different affair if honestly and thoroughly
conducted. Such an officer Will live immedi-
ately in the vicinity of the firo; as a rule he
will know all of the people of the town or
neighborhood and be among them daily in
stead of only ono or two days, as would be the
case with an insurance representative. Such
an officer will hear or have told to him all
rumors and reports regarding such cases, and
need be in no hurry to conclude the inquest,
adjourniug from time to time as he desires
until he has socured all the available testi-
mony. If the case is one of magnitude or
importance the insurance commissioner can
under the bill, call into requisition the serv
ices of county attorneys or other officers and
make use of tho special agents provided for
in the bill to assist in gathering the evidence
where the case requires an extended investi-
gation.
"The design of the bill is unquestionably
good, both troin a moral and financial stand
point, for if it prevents fires which are of in
tontional origin, it saves a man from the com-
mission of a crime which must debauch his
conscience aud ruin his value as a citizen, if it
does not land him in the penitentiary as a
criminal; it will save tho people of tho state
the fear of so much midnight incendiarism
and the Iosb of much valuable proporty, which
can only bo replaced by funds from tho in-
surance companies, which funds come origi-
nally from the citizens. If the fire lossos are
so reduced that the collection of premiums by
the insurance companios leaves more than a
reasonable margin, after paying losses and
expenses, and a fair dividend on the stock,
then by the natural laws of business tho rates
will be reduced, which will be of benefit to tho
people of the state at large.
"The necessity for some movo of this kind,
looking to a reduction of tho fire waste in
Texas, is shown by tho last report of Insur-
ance Commissioner Hollingsworth, wherein it
is stated that on tho business of 1891, after
paying their losses and expenses, tho tire in-
surance companies operating in Texas paid
back to the citizens $1,070,000 more than thoy
took in. For the year 1802, while the record
is not quite so bad, it is estimated that the net
loss, over and above the receipts, will bo ap-
proximately $750,000. Hero we have $1,750-,
000 net loobca over uud above receipts on the
operations of two years. Of course this can-
not go on long, and a continuance of the
business under the prevailing loss ratio must
necessarily result in the bankruptcy of the
companies or their withdrawal from thisstate.
Already more than ono-t'nird of tho com-
panies doing business in Texas in 1891 have
withdrawn, but those that aro left aro strong,
solvent institutions which can stand one or
two years of losses, when they have a reason-
able hope of a better conditions of affairs in
the future, which will enable them to make
up the losses already sustained.
"Naturally, rates on insurance in Texas are
high as compared with other states, yot in his
eport, in view of the results in 1891 stated
above, Commissioner Hollingsworth says:
'The cry of exorbitant and onerous rates
would appear not to be well grounded, and
out of place. The rates, however, may be too
high, but for that the companies cannot, be
censured, for it is because they must make a
rate commensuraio with the risks, for they
cannot live and do business at a loss. There
is one important clement against which in-
surance companies cannof fix a rate, that is
the moral hazard, one, which is deplorable to
say. euters so largely into tho fires, and calls
for serious consideration at the present time.'
This consideration the subject is seemingly re-
ceiving, and I believe tho bill now under con-
sideration at Austin, is largely the result of
suggestions made by Commissioner Hollinga-
worth. Thore arc many admirable features
in the bill, but one or two strike me as being
objectionable.
" The first is that part of section 2 providing
that the justice of the peace 'shall ascertain
and report tho values of proporty involved in
every fire, and insuranco thereon, and the
amount of loss or damage suffered in each
case.'
"While this is very desirable as a matter of
statistics, yet in a practical sense it is very
objectionable, as bri,efiy mentioned by some
other underwriter in The News a few days
since. As a general rule justices of the peace
are not trained busiuess men (meaning no
rejection on these honorable citizens), but
they are usually lawyers, or, in the country
precincts, farmers, men who are not trained
in the matter of accounts, and the various
questions, such as depreciation, profits, dis-
counts, etc., which enter into calculation in
aeorrcct ascertainment of any individual
loss. The result would be, I fear, under the
present law, the findings of the justice of the
peace might prejudice tho proper adjustment
of the claims against the insurance com-
panies.
"The investigating officer would not appre-
ciate the importance of a careful and exact
ascertainment of the amount of the loss, in-
asmuch as in the long run it would make no
material difference in the general statistics of
the btate whother his estimates of the losses
ha ve been 10 per cent over or under tho actual
amount. To the individual insurance com-
pany, however, which would have to pay for
that loss, this would be an item of consider-
able importance, and while I do not under-
stand that tho finding of tho justico of the
peace in the matter of loss would bo conclu-
sive against the company, it would at. least
make a proper adjustment of losses under the
terms of insurance contracts much more
dillicult and unsatisfactory than at present.
Then again, the tendency would be for the
justice of the peace inquiring into fires, know-
ing tho citizen, who was his friend and neigh-
bor, carriod the insurance, the tendency I say
would be to make a lumping round estimate
of tho damage and the insurance company
would have difficulty in combatting tho find-
ings of tho justico renderedjupon a cursory
view or examination.
Another objectionable feature is contained
in section 15, which provides that in event the
recoipts of the department of agriculture, in-
surance, etc., ar not sufficient to meet the
expensed of said department, including of
course all the lire inquests, then the surplus
shall bo assessed against tho firo insurance
companies doing business in the state, pro
rata on the business done by each company.
This would seem to leave tho companies
liable for an unknown expense item, and one
which could not be estimated at this time. It
is shown by the report of tho commissioner
for the year 1891 the receipts of his otlice were
$47,562, of which sum $35,000 in round figures
was paid by tho fire insuranco companios, and
$11,000 by the life insurance companies,
These companies seem to furnish tho funds
for running tho department, yet after all ex-
penses wore paid, amounting to $21,085, there
was a balance on hand of $26,476. This would
seem to loave an ample sum for the opera-
tions of this fire inquest business; yet, scat-
tered over the stato at large, as the opera-
tions of these inquests would be, and being
made up of many detailed items, it is hard to
say what the expenses might run to, and a
year or two experience might develop the
fact that the inquest business was as unsatis-
factory in tho matter of oxponses as the 'scalp
law.'
"While I believe it to be true that the in-
surance companies would not object to a rea-
sonable payment, if thoy found that the law
was being efficiently, honestly and impartially
administered, yet it seems to me very objec-
tionable to leave the amount of assessment
which can bo imposed upon these companies
entirely to tho discretion of ono man, no mat-
ter how good and efficient an officer he is, or
open to the results of chance.
"There would seem to be a sufficient sur-
plus on hand now out of which to appropriate
the $22,000 for operations under this fire in-
quest law as proposed in section 16, and by
the time that sum is exhausted no doubt tho
commissioner will be able to approximately
estimate the average annual expense under
this law, and if it is found ono which will op-
erate inequitably perhaps it will be time to
suggest an amendment.
"On the whole, its tendoncy is to largely
improve the condition of affairs in tho stato,
but the value of the law will lie entirely in its
impartial and efficient enforcement, for
otherwise it will be a dead letter and may be-
come a source of vexation to honest citizens
while made to serve as a means to promote
the schemes of bad ones. I deem the present
bill one of great importance to the state at
largo and hope that it will be passed after tho
objection to section 2 pointed out above has
been considered and some change made
therein to remedy the undesirable feature
pointed out." _
PORT WORTH BUDGET.
A itig Diamond Stolen.
Fort Wohth, Tex., Jan. 25.—Capt. Adams,
who livos on Taylor street between Third
and Fourth stroeta, reported to the police
that a valuable diamond cross was stolen
from a lady visiting his house within
the last three days. The lady was in the par
lor taking to some friends. When leaving her
room she had carelessly laid the diamond
cross valued at $1200 ou the dresser. Wrhen
she returned the cross was gone and has not
been found. The family believe that during
the absence of the lady from her room some
one entered the house and grabbed the jewel
The police are after it.
Police 1'rotection on the South Side.
Tho citizens of the south side are clamorous
for police protection and failing to get it from
the city aro going to have it themselves,
They have engaged ex-Policeman A1 Eckort
and applied to the council for permission for
him to patrol that section. Tho south side
has been having a run of incendiary fires and
sneak thieving of late. Since the poilce force
was cut down to a dozen active men by the
council Chief Maddox says ho is doing the
best ho cau, but the reduction of force necesi
tated enlargement of beats and therefore the
citizens do not get tho protection they ought
to have and to which thoy are entitled.
Uve Stock Notes.
Col, John G. Taylor, gonoral live stock
agent of tho Santa Fo, is hero. He goes to
Dallas to-morrow and will return here to re-
main the balance-of the week.
Top cattle at Kansas City this month until
Saturday brought $5 55, top feeders $4 35, top
Texas steers $4 45. During January, 1892,
beef cattle sold highest at $5, feeders $4,
Texans $4.
A year ago Monday Texas steers weighing
1150 to 1225 pounds sold at St. LouiB for $3 40
to $4. Ou Monday 1132-pound steers at that
market brought $4 40 or $1 por 100 more than
a year ago.
Col. W. L. Tamblyn of Chicago, who is visit-
ing in this city, came in from Decatur yester-
day. The colonel says ho novor knew Texas
prospects to be brighter. He thinks the
market will be some better this year. He has
bought and shipped some steers Biuce coming
to Texas.
SYNOPSES OP JUDICIAL DECISIONS
RENDERED.
Cases Appealed from the Lower Courts to
the Courts of Last
Resort.
HIGHEST STATE COURTS.
Court of Criminal Appeals.
. M. Hurt, presiding judge; W. L. Davidson and
E. J. Simkins, judges; It. L. Henry, assistant
attorney general; W. A. Hudson, clork; Dallas
term.
H. R. McDaniel vs. the state; appeal from
Rockwall.
The recognizance, states that appellant
stands charged with the offense of kuowingly
selling intoxicating liquors to a minor without
the written consent of the paront or guardian
of the said minor, and fails to state that it
was sold and given to said minor without the
consent of some one standing in the place of
the parent and guardian. Tho recognizence
states no offense and the appeal is dismissed.
Simkins, J.
Dave Foreman vs the state; appeal from
Kaufman.
An information which charges defendant
with the offense of having in the presence and
hearing of D. C. Crain, cursed, abused and
used violently abusive language to said Crain
concerning him under circumstances reason-
ably calculated to provoke a breach of tho
peace correctly charges the offense and it was
not necessary to set out the abusive language.
The court did not err in refusing to give the
special charge asked, the substance having
been given in the general charge. The evi-
denco is sufficient to support tho conviction
and the judgment is affirmed. Simkins, J.
Rachael Quinn vs. the state; appeal from
Dallas.
Where it appears that the deceased in a fit
of jealousy struck Adeline Scroggins in the
head with an ax and defendant, witnessing
the act, cried out to bystanders: "Did you see
her hit that girl with the ax? Kill her, kill
her, kill the b—!" and immediately followed
after the deceased and threw a wooden box
against the front door of the house into which
deceased had tied and also picked up a stick,
which was taken from her, but did nothing
more, and where it further appeared that
Adeline Scroggins had gone into tho back
door of the liouso and had killed the deceased
inside by stabbing her and it is further shown
that there is no ill will between any of the
parties; it is held that while there is no ques-
tion that if appellant, knowing of the unlaw-
ful intent of Adeline Scroggins to kill de-
ceased encouraged her by words or gestures to
commit the homicide, she would become a
principal in the offense because there can be
accomplices in manslaughter. Still, the evi-
dence fails to show that appellant was guilty
of any actual participation in the homicidc.
Tho facts show a blind rage with a desire to
injure without any definite purpose and a
conviction for manslaughter will not bo sus-
tained. Tho judgment is reversed and the
cause remanded. Simkins, J.
Court of Civil Appeals, Fort Worth.
Second supreme district. Fort Worth: B. D. Tarl-
ton, chief justico; H. O. Head and I. W.
Stephons, associate justices.
J. H. Ellis v$. state of Texas; appeal from
Ellis.
This suit was instituted by the county at-
torney for tho state under title 36, revised^
statutes, on escheats. Judgment was ren-
dered for the state against appellant for cer-
tain lots in Waxahachie. In 1862 Thomas
Stephens died seized of these lots without
heirs or a will. In 1865 appellant took actual
possession, claiming them as his own, and im-
proved them and has beon in actual and ad-
verse possession ever since. The statement
of facts agreed that appellant had occupied
the lots in good faith. It appears that the
court below held that tho pleas of limitation
and improvement in good faith could not be
interposed in this kind of a suit; and these
are the only questions we are called on to deter-
mine. On the question of limitation appellant
seems to think a compliance with the statute
which prescribes the method of proceeding to
escheat property is essential to vest any title
in the state, und that as his adverse possession
prior to the institution of this proceeding was
sufficient in length and character to confer
title upon him his case does not come within
the rule which rejects limitation as a defense
against the state. Wo do not concur in this
view. In the days of Chancellor Kent it was
recognized as a general principle in the
American law that where a person died in-
testate without inheritable blood the land
vested immediately in the state by operation
of law, A different rule seems to prevail
case of proceeding to escheat dur-
ing the life of an alien property
which he has acquired by purchase; but when
tho death of the owner occurs and there is no
person to take the estate it devolves eo in-
stante upon the stato (Sands vs. Lynharn, 27
Grat., 291, and cases cited; Van Kleek vs.
O'Hanlan, 21 N. J. law, 585; 20 N. J. Law, 31;
Wallahau vs. Ingorsoll, 117 111., 123; Kent's
Com., 425). This puts the possession from
its inception adverse to the state's title. It is
true article 1779 of the escheat statute pro
vides that the judgment shall vest title; but
all the preceding articles indicate that a suit
in behalf of tho state is founded on a title al-
ready vested. An inquisition does not con-
stitute an estate, but is simply the means by
which the state furnishes authentic evidence
of its title. An assertion by the state of such
authority is an act of sovereignty and laches
or limitation cannot be interposed as a bar to
recovery. As our jurisdiction in this case is
not final we feel constrained to decide against
the plea of improvements in good faith, al-
though we think the statute ought to contain
such a provision (Brown vs. state, 36 Tex.,
362). Judgment affirmed. Stephens, A. J.
J. T. Brackenridge and First national bank
of Austin vs. W. E. Cobb et al.; appeal from
Cooke.
About 3000 acres of valuable land in Cooke
county is involved in this suit, J. W. Wilson
being the common source of title. The land
was firBt levied on and sold under execution
against the Stone cattle and pasture company,
J. W. Wilson and others as the property of said
VVilson under judgment in favor of Thomas
Trammell & Co. Appellees, W. E. Cobb and
J. J. Lang, claim under this levy and sale.
Appellants claim under a judgment lien and
subsequent levy and sale against the same
parties. This judgment was obtained by ap-
pellant and an abstract thereof was recorded
in Cooke county subsequent to the levy and
prior to the sale under which appellees
claim. Appellants' first assignment ques-
tions whether the record of the abstract
of the judgment in favor of the First national
bank of Austin is sufficient to create a lien, on
account of the manner tu which the name of
the bank was indexed. The name was writ-
ten in the alphabetical index under the name
"plaintiff" and under the letter "B" as fol-
lows: "Bank, First national of Austin." The
court held this to be insufficient, but found
as a fact that the judgment had been indexed,
Tho statuto requires tho indexing of both
plaintiff and defendant, but does not pre-
scribe exactly how it shall be done. As the
question is not necossary to the disposition of
this appeal wo leave it undecided. Appellant
attacks the levy and sale under which appellees
claim because of the issuance at the same
time of executions to Wise, Cooke, Archer,Bay
lor, Wichita and Wilbarger and because of levies
made under these executions subsequent to
tho levy in question. These wero mattors of
irregularity only and do not render the levy
and sale void, and inasmuch as they did not
depreciate the property sold they constitute
no sufficient ground to set aside the sale, es-
pecially after the lapse of more than four years
(Freman on executions, sections 49-50; rail-
way vs. Morris, 67 Tex., 692; Earlevs. Thomas,
14 Tex., 583), The inconclusive circumstances
relied on to show satisfaction of the judgment
wero not sufficient to require a finding that it
had been satisfied in full at the time of sale
and that the sale was, hence, void (Freman
on executions, section 269); and the purchase
by appellees at a trustee's sale was not an
abandonment of their title under the
execution sale, but being in com-
promise of litigation about the validi-
ty of the deed of trust, was intended to
strengthen the title. In the absence of a
statute declaring such disqualification we con-
clude that the fact of the sheriff who executed
tho writ being a brother-in-law of one of the
defendants did not render his act void (seo
Barker vs. Renick, 43 N. H., 235; Mechemon
public officers, sections 518 and 524). It fol-
owb that appellants did not acquire by pur-
chase under a subsequent execution sale un-
der judgment lien, which, if valid, was subse-
quent to tho execution under which appellees
claim, a suporior title to that of appellees:
and, therefore, appellants cannot recovor tho
property in controversy. Judgment affirmed.
Stephens, associate justice.
J. F. Henry et al. vs. D. F. Sansotn et al;
appeal from Johnson.
Appellants as executors of tho will of F. M.
Sansom brought this suit Oct. 11,1888, against
D. F. Sansom, J. G. D. Boyd, M. Sansom and
A. J. Brown to recover on a promissory note
for $6347 with 12 per cent interest executed by
appellees to F. M. Sansom dated August, 1886,
and maturing August, 1888. Judgment below
reduced the amouut of the note to $559 with
12 per cent interest, from which this appeal is
prosocuted. August, 1886, D. F. Sansom ex-
ecuted to his uncle, F. M. Sansom, two notes,
one for $6391, with interest at 12 per cent duo
in one year, and the other for $.3347 due two
years. The former was executed by D. F.
Sansom, J. G. D. Boyd, M. Sansom and G. W.
Cotter. The latter, the one sued on,
made by D. F. Sansom, J. G. D.
Boyd, M. Sansom and A. J. Brown, San-
som being the principal on the notes and the
others sureties. The consideration for the
notes, as contended by appellees, was a pre-
existing indebtedness amounting to about
$10,476, evidenced, as they contended, by two
notes, one for $8778 and the other for $150.
Appellees introduced evidence in support of
this contention. The consideration for the
notes first referred to, as appellants contend,
was a pre-existing indebtedness evidenced by
the note for $8778, already mentioned, and by
an account for $3400 with 12 per 'jent interest
due on a contract and as puichase money for
certain stock sold by F. M. to. D. F. Sansom.
The note for $150, appellants contend, enters
no way into the transaction. Ap-
pellants introduced evidence in support
of this contention. According to appellees
the notes exceeded the true indebted-
ness $2262. ; According to appellants the
true indebtedness exceeded the notes
$1494. Appellants as plaintiffs and executors
Oct, 6, 1887, brought suit to recover the
amount or the first note maturing, with inter-
est as stipulated, and defendant filed an
agreement consenting that the court should
render judgment tor the entire amount, prin-
cipal and interest, and judgment was ren-
dered. When the $150 note matured the exec-
utors recovered judgment on it, but D. F.
Sansom pleaded that it had been merged
into the two notes executed August, 1886, and
evidenced no indebtedness against him. D.
F. Sansom, defendant herein, urged two de-
fenses : 1. That the note executed in 1886, in-
cluding that in controversy, were in excess of
the indebtedness, and that tho excess was due
to mutual mistake of himseif and F. M. San-
Bom, tho payee. 2. The plea of usury.
The court instructed the jury that if they
believed the note sued on and the
one for $6391 heretofore sued on and
paid off was given for a debt due
and that by mutual mistake the notes were
executed for a greater amount than was
owed, they should find what sum D. F. San-
som did owe and calculate interest at 12 per
cent and add it to the sum they found D. F.
Sansom owed and calculate interest on the
note sued upon up to the present time, add
same to the face value and add the sum paid
on the note of $6391, upon which there was a
judgment, and from the amount deduct tho
amount from the sum they shall find due by
D. F. to F. M. Sansom and lender their ver-
dict for the remainder. This instruction does
not afford the jury the means of applying the
law pertinent to the facts, which it is their
exclusive privilege to weigh. Tt is difficult, if
not impossible, to infer from the language
what sum was to be regarded as the subtra-
hend in the meaning of the charge and the
jury was left without guidanco as to the
plea of mutual |mistake, which we aro
not prepared to say was not prejudicial to
plaintiffs. As to the plea of usury it appears
that F. M. Sansom was not a party to it, and
to constitute usury there must bo an intention
knowingly to contract for or to take usurious
interest (Call vs. Palmer, 116 U. S. 98;
Jones vs. Berryhill, 25 la. 289). Appellees aro
entitled to recover the usurious interest volun-
tarily paid on the first note and may set it up
as a counter claim in a subsequent proceeding
(B. andL. Ass'n vs. Robinson, 78 Tex. 163;
Smith vs. Stephens, 81 Tex. 461). Where such
usurious interest, however, has been collected
by a legal proceeding in which the defense of
usury was not urged it must be deemed to
have been forever placed beyond the pale of
litigation. The judgment is conclusive
against a subsequent plea of usury (Mosely
vs. Smith, 21 Tex., 441; Black on Judgments,
759; Herman on Estoppel, 47; Heath vs.
Frackelton, 20 Wis. 320; Traxel vs. Clark, 9
la. 201; Miller vs. Clark, 37 la. 325; Togood
vs. Elliott, 32 la., 453). Reversed and re-
manded. Tarlton, chief justice.
Fort Worth and Denver City railway vs.
Robert Thompson; appeal from Tarrant.
Appellee sustained the injuries for which
this suit was brought while engaged as en-
gineer on appellant's road, being ongaged in
propelling backward, with teuder in front,
the engine of which he was in charge, with
two cabooses. The engine was derailed and
he was seriously scalded and bruised. The
evidence justifies the conclusion that the in-
juries wero duo to a low joint in the lino of de-
fendant's railway caused by the company fail-
ing to properly inspect aud repair its track,
and that plaintiff was not guilty of contribu-
tory negligence as charged by appellant in
running the engine at a dangerous rate of
speed. Appellant, lirst complains of the
court's refusal to admit the evidence of Ford
to prove that "an engineer with ten-
der in front and two cabooses could not bo
run with safety with a greater speed than ton
to fifteen miles per hour." The witness was
a lawyer by profession and had been engaged
as claim agent by appellant. While thus en-
gaged he posted himself "thoroughly as to tho
construction of engines, watched them in tho
shop, questioned engineers about them and
noticed the effects of the speed of a train."
He was in the habit of "riding on the engines
perhaps two-thirds of his tnno with the en-
gineers and other railroad boys, and would
lire for them and frequently run their en-
gines." When asked about his ability to tes-
tify as to the safety of running an engine
backward he said he could only answer from
his conversations with engineers and me-
chanics and the results he had seen from
running at a high rate of speed. We are
not prepared to say the court erred in declin-
ing to consider this witnesB an expert. He
Something ia
lost when you use
Dr. Sage's Ca-
tarrh Romedy.
It's Catarrh. The
worst cases yield
to its mild, sooth-
ing, cleansing,
and healing prop-
erties. No matter how bad your cast', or of
how long standing, you can be cured. In-
curable cases are rare. It's worth $500 to
?rou, if you have ono. The manufacturers of
)r. Sage's Remody are looking for them.
They'll pay you that amount in cash, if they
can't euro you. It's a plain square offer from
n responsible business house, and they mean
it. It seems too one-sided, too much of a
risk. It would bo—with any other medicine
behind it. It only goes to prove what's been
said: incurable cases aro rare — with Dr.
Bale's Catarrh llemedy.
Other so-called remedies may palliate for
a time ; this curcs for all time. By its mild,
soothing, cleansing and healing properties, it
conquers tho worst cases. It removes offen-
sive breath, loss or impairment of tho sense
of taste, smell or hearing, watering or weak
eyes, when caused by the violence of Catarrh,
as they all frequently are.
Remedy sold by druggists, only 50 cents.
does not appear to have any special knowledge
or skill in the calling to which the inquiry re-
lates (Goldstein vs. Black, 50 Cal., 462).
The second assignment complains of tho
court's refusal to permit appellant to prove
that it ordinarily kept its track in good con-
dition. The evidence was correctly held im-
material. Another portion of the exception
indicates appellant's purpose to have been to
provo that defendant exercised ordinary care
"in buildiug up low joints and in keeping its
track in good condition." The answer to this
question could only have expressed the
opinion of tae witness. The question of or-
dinary care vel non is peculiarly one of fact
for the jury and not of opinion to
be fixed by witness. It was not
error to allow appellee to prove that
"fast mail trains on well ballasted roads
could run safely sixty miles an hour." In an
inquiry of this kind it is not improper for the
jury to be made acquainted with the different
conditions under which a train could be op-
erated with greater or less rapidity. Plain-
tiff had a right to testify to the length of
time he had beon out of employment. After
scrutinizing the voluminous facts wo con-
clude that appellee's injuries wero due to a
low joint in appellant's track, which might
have been avoided by proper inspection, and
that appellee was not guilty of contributory
negligence. The judgment is therefore af-
firmed. Tarlton, chief justico.
W. N. Barker vs. Abbott & Kollor; appeal
from Wilbarger.
Appellees wero partners in business and ap-
pellant attached their goods, storehouse and
lots. Defendant Abbott reconvened, alleging
the attachment was wrongfully issued, and
asked that his partner, Keller, who refused to
join in his plea of reconvention, be made a
party. It seems Keller was made a party.
Judgment was rendered for appellee for the
benefit of the firm for tho full value of the
goods, house and lots. The court instructed
the jury in case they found for appellee that
the measure of damage would bo the reason-
able market value at the time aud place of
seizure with interest; and also that this meas-
ure would bo "such an amount as tho goods
and house and lots were reasonably worth on tho
market at the date they were attached together
with interest thereon at the rate of 8 per cent
from tho date of such levy." The giving of
this charge will necessitate a reversal. That
the value of the real estate iB not the measure
of damage for levying an attachment seems
to bo conceded, but appellee seeks to main-
tain this charge because the land was in Greer
county and the court knows judicially no one
has title to land in that county, and therefore
that the house was personal property. This
would bo no answer even if the court did have
such judicial knowledge. Tho jury were in-
structed to find tho value of the lots, not the
house alone. If it be conceded that the lots
were not tho property of appellee, it will not
be contended that his right to recover th( ir
valuo is better than if he owned them. Ap-
pellant contends that as Keller refused to
join in the plea in reconvention
and consented to the attachment appellee
should not be allowed to maintain his plea.
As a general rule it must bo conceded tins is
true (Kirbs & Spies vs. Provino, 78 Tex., 353;
Tynberg & Co. vs. Cohen, 67 Tex., 220: second,
Law of Partnership by Bates, section 1030);
first, Lindley on Partnership, 279); but one
partner cannot defeat the rights of his co-
partner by refusing to join in such suit. If
the attachment was wrongfully sued out. by
collusion with Kollar to injure Abbott, Kollar
should bo a defendant in tho plea in reconven-
tion and Abbott restricted to his individual
damage unless ho shows affirmatively a case
entitling him to the full value. If appellant
contends that he was caused to sue out tho
attachment to collect his dobt by the
acts of Abbott or Kollar, whereby
they are estopped from denying that the
attachment was rightfully issued he should
plead such estoppel and the question submit-
ted to the jury. Scarborough vs. Alcorn,
(74 Tex., 358). If Kellar gavo his consent,
believing the legal grounds existed and de-
siring thus to prefer appellant over other
creditors, we think this would be a protection
to him for levying upon tho firm propert y.
(Schneider & Davis vs. Sansom, 62 Tex., 2J1;
Baines vs. Ullinan, 71 Tex., 529; Goodbar,
White <fc Co., vb. First national bank, 78 Tex.,
461; Martin-Brown Co., vs. Perie, 77 Tex.,
199; Blum vs. Schram, 58 Tex., 524). If ap-
pellee still desires te rccover the value of the
house he will have to allege a state of facts
which will show that it was no part of the
lan<: and that the levy was made by taking
actual possession, as m case of personal
property. (Cullers & Henry vs. James, 66
Tex., 494). Reversed and remanded. Head,
associate justice.
Marriod One Wife Too Many,
Little Rqck, Ark., Jan. 25.—The officer
who went after Bud Rangbom, alias Will A.
Whitlook, arrested at Herber, Cleburne
county, Ark., Monday charged with bigamy,
he having married Miss Liilie Pearson of
Cleburne county last Wednesday, telegraphed
Mayor Fletcher for authority to employ more
men to help him. The officer says he learns
that Pangborn is a member of a gang in
north Arkansas who intend to rescue the pris-
oner at all hazards. He also says a fight is
sure to follow tho attompt to bring tho pris-
oner to Searcy, a distance of thirty miles, tho
nearest railroad station. Paugbom married
wife No. 1 in Little Rock about a year ago.
Ho came here from western Texas. Both
wives come of good families. Ho is a fine-
looking man and travels on his "shape."
Travel to and from Texas is still on tho in-
crease.
Black well's Bull Durham
Smoking
Tobacco
VJ
••Great Bull Hovement."
Made a record long years ago,
which has never been beaten or
approached, it has not to-day,
a good second in popularity. Its
peculiar and uniform excellence
pleases the men of to-day as it
did their fathers before them.
Sold wherever tobacco is smoked.
BULL DURHAM
i8 a mild and pleasant stimulant which quiets the nerves
and in no way excites or deranges the system. In this
respect it is distinctive. It gives the most solid "<-■»«-
fort with no unpleasant effects. Made only by
.Blackwell's Durham Tobacco Co.. Durham. N. G»
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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/m1/6/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting Abilene Library Consortium.