The Galveston Daily News. (Galveston, Tex.), Vol. 46, No. 239, Ed. 1 Wednesday, December 21, 1887 Page: 4 of 8
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THE GALVESTON DAILY NEWU WEDNESDAY. DECEMBEB 21 1887.
3th.e iiaxin Hcus
A a. BHLO 35 CO., PCB<.!8H8M,
rv-v
rS3KS 0T BPBSGfilPTIOH.
15 all j.
f*E OOF? S
OKK MONTH J i CO
IHRKX MONTHS « CC
«X MON THS (by main S 60
JTWELVS UOXIBt (by mall) 10 00
Weekly.
ISLABGSD AXB IMl'KOVKB.
(KMlttpmlng TWELVE PAOES <Yi (EVEHTTtWO
AOLcwi, nir.de up from the Croatia o 1 tha
stftily editions, is the largest and oiieapesi
Stewspaper In the South. *£3
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jso» &« responsible for miscarriage. Address,
"A. H. BKLO & OO., Galveston, Tex,
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Branch Olficos ol Tits Sfsws.
Washington Buread—1313 f street, N. W
Jay F, Durham, correspondent.
Aastzrj! Ol'FiOB—Buslnesa and Aiveriicion
—No. 85 Tribune building, New York. Heti-
»ates made for advertising. The Galveston
*»<1 DaUas Editions of Ths nbws on file. New
For* correspondent's office, No. A Broad
Sfceet.
aotisroH—liflportorlai and Bnelness Office,
♦oiner Texas avenue and Main street, opposite
Oapltol hotel.
AtJSTtN—Reportorlal and Business OSlce, ICS
P*can ttreet, opposite Drlskill hotel,
Waco—Reportorlal and Efslncss Office in
low office of Robertson A Klncheloe, S3.1 Ang-
9ta atreet, upstairs.
S'hb Mews ss on sals ana can be procured at
33M following stands:
W.3 . Koosc, Ketrcpolltan lotel, Washinj-
Km, I). C.
James Overton, Southern hotel and Union
4topot, St. Loalo, Mo,
fiwo. C WViarton ft Kro., 6 Onrondelet otreet,
IBliw Orleane,
Silts, opposite postoffice, New Orleans,
WEDNESDAY, DECEMBER 21, 1887.-
VOTIUS TO XHB PUBLIC.
lTSa attentioxs of Tee Hrwb rafcaagetaeaJ
Bit's lug beern called to the fact that irreEpoa-
Kble susd unanthorized persons are travel-
lag In different portions ot the state solicit-
!iig sad recslntlBg for Bubacriptioae to Th»
Bkws, we beg to give notioe that outside of
•ar local Rgentg, who are known In every
••mmtmitj, there are bat Zonr traveling
rtpresentativcB ot This Hbws (Sa vofiion
sys<5 Dallas editions) detailed toc&cyassthe
sUte tor snCBcrlptiosis So either publication,
Wfcoce nacaea are K. F. Boyle, A. T. Clark,
W, D. Carey and J. E. Bteedman. Subacrip-
aieni should not be paid to any other per-
goa* than those named. A.H.Ba&o&Cc,
Ualveeton, Tex., May 27,1887,
Eenator Frybo£ Maine stys thatBUim
will not ba a candidate for president unlssa
forced into the contest by bis party. Btalae,
he thinks, had enough abase to last him hU
lifetime, three years ago, and shrinks from
another campaign with all that such a fljbt
implies. Read between the lines, Bsnitir
Fryt's opinion means that Blaine realizss
his vulnerable points and does not propose
to put himself and his record up as a target
a second time. In this, however, the Maine
senator underestimates the thickness of tha
ekin of the Maine "statesman" and gives
him credit for more sensibility and refine-
ment than he really possesses.
Th3 commissioners who were appointed
by the New York legislature two years ago
to consider the subject of capita! pna'sh*
meet and to suggest gome more fcamane
meane of inSicting the death penalty than
taurine, have about completed their inves-
tigations nad are said to be preparing thalr
rej,ort to be snbinitted tnis wintar. A num-
ber of experiments iiave been m-tde oa
dogs fetd other animais with bleolrielty and
it Is probable that tho ootaaiission v/iil
recommecd that,electricity ba sn'o3ti'aV3l
fortteroje in fatura executions. I!! tS?
experiment proves satisfactory it is proj-
able that othsr Pistes will follow tii-3 es
OU pie of N*>w York and thai d o away with
ite fljignetlcg sceMB S3 of:ea brongh
atont at legal executions, through blunder-
ing or nervousness of those having such
executions in hand. Electricity is silent,
safe and sure while the rope is barbarous
and bungling and too liable to Inflict tor-
ture on the condemned instead of speedy
death as the law intends.
POINTS FOli DEBATING HOC IS TIES.
Wonderment is not argument, and is
more interesting in children than in grown
men. The News could perhaps afford to
ignore altogether the presumption aud er-
ror which comes so naturally to the New
Ycik Truth Seeker with its wondering dis-
position, but on the other hand the Truth
Seeker shows a commendable degree of
fairness in republishing recent artioles
from The News. This does not justify
surmises in which the TmtJ Beeker is to-
tally in error and UDjonrnali3tic. It runs
in the mind of the Truth Seeker that The
News deplored "continental" Bundays.
Every intelligent reader knows that the
thought thus conveyod, by association with
the drift of the Exeter hall type of preach-
lug, is the sinfulness of Sunday pleasures.
The News on the contrary spoke distinctly
of labor in Germany on Sanday, approxi-
mating to labor on other days, but did not
even srggest Sunday laws as means to pre
vent such labor, let alone preventing re-
creation, as the special opponents of "con-
tinental" Sundays seek to do. The Truth
ec-eker mixes up one article on one subject
with another on another and retail3 its im-
pressions, which are faulty. Borne
of the Truth Seeker's logic may ba
roticed for improvement to young debaters.
The News had spoken of "the opportunity
to assume powers" in government. The
Trtth Seeker replies: "Now our contention
is that no delegated authority has the right
to 'assume' powers." The young disputant
will direct bis attention to the clever way
in which the word "right" is substituted for
the word "opportunity." The Truth Beeker
continues: "It can exercise only those
specifically delegated to it." A speclfio
delegation of general powers is probably
alluded to. Here the whole debating socie-
ty will have food for reflection for som9
time. But the point specially noticeable lu
the last quotation is the word "can." The
meanings of the word vary like the
modern status of kings, originally the men
of power. Thus the lawyer sends word to
his client to be easy, for they can not put
him in jail. The client sends word back
that he is in jail. And a bright,
clever, spectacled young lady, talk-
ing upon European affairs, was
heard to say ' the king of Bavaria is a loyal
subject of the emperor of Germany." When
kings are subjects and states are not sov-
ereign what wonder that men can do whit
they can't do, since here are the obverse
cases in which they can't do what they ac-
cording to their naming could or should be
able to do. The philosophic way of conju-
gating this verb will ba to admit its irregu-
larity. It reads I can, he cau't, wecan,yoa
can't, they can'r, when read from above;
but when read from below it reads 1 cau't,
be can, we can't, you can't, they can. Tae
second person, it will Joe seen, is alone in-
vai iabie. The Texas law doe3 no'read jast
as the Truth Seeker puts it. If it did, the
inference would be that anews vender must
tell his papers without help of clerks orat
bis peril. The clause against compelling
employes to work is construed to relate to
prohibited employment?. Finally the de-
cision of a judge certainly is more to the
purpose of establishing what is lasv taaa
the opinion of a constable.
CHEAP BA W MATERIAL,
The Bt. Paul Pioneer Press, one of the
tariff reform republican papers of the west,
declares that the time has come, in oar in-
dustrial development, when it "is n<tf heavy
protection but cheap raw material that will
do most to stimulate both our manufac-
tures and our commerce." This conclu-
sion is reached after a carefal analysis of
an inteiview had with an eastern wool mill
proprietor, who is a republican and who
voted for Mr, Blaine in 1884. The arga-
rtents used by the manufacturer are to the
purport that by the present protective sys-
tem, excluding raw material, great ibj 13-
ticc is done the American manufacturer of
woolen goods and the production of cer-
tain classes of goods is almost prohibited
by a tariff which was ostensibly imposed
for the purpose of fostering and developing
fcuch industries. As an illustration the fol-
lowing txtract from the interview is given;
la tie first place Heavy taxes are imposed
on varieties of -wool wliloh are uied largely
and mutt be used by our manufacturer j, nut
which are cot produced In tlie UnKed States
at all. So heavy are these taxes tint, where
there is a net product of woolens woith
(W, only >U of this cost of production rep-
lstents labor, and the other $300,000 Is tbe cost
of > aw material. A antv of 67 per cent on the
manufacture d product Is a poor offset to a duty
which isesticnatea at ntariyor quite 110 p sr
tent on tte raw material that constitutes taree-
ftur'bsof the cost of production Ic le the
tajIff which is dilving this Industry to the
wall.
A few days ago ona of the Naw York
financial journals contaiaed an iaterviesr
with a large wool importer of New York
city, in which views identical with th03a
expressed above were given. There seems
to bo no doubt as to their circumstantial
correctness, and coming from men who,
above all others, are in a position to form
intelligent opinions on the subject, they
should carry more weight with them than
the shallow theories of politicians who are
mere interested in concocting schemes to
impose upon workmen voters than in de
vising wise measures to protect the real
interests of the working classes. It is
grievous to think that at present six-
ty million people are taxed heavily, and
thousands of workmen deprived of the
means of support by the enforced idleness
of the woolen mills, for no other purpose
thonthat a few sheep-raisers may be en-
abled to get an enhanced price for their
wool, an enhancement which, as Mr. Cleve-
land has demonstrated, is Ewapt away by
the first purchase of clothing made by the
wool-ralsers themselves. It is amazing ef-
frontery in high tariff bourbons, whose
war cry is "protection for American labor,"
to insist on continuing the "heavy protec-
tion" for wool, with these facts staring
them in the face. R*w material is excluded
and the effect is to render idle a large num-
ber of American wool mills and to serious-
ly curtail the production of others, and
jet the high tariff bourbons say that
the present tariff law is kept
in existence solely for the betterment of
American manufacturers and American
workmen, Those most nearly interested
protest that the effect of the law is the ra-
verse of what the high tariff msa claim, bat
their protest thus far ht.8 had little or no
weight, tboigh it is apparent that mtuy re-
publicans are beginning to see thsir error
ond that a great cbRiige of heart is about to
be experienced by them. This is more es-
pecially true of republicans In the west and
northwest, and it is vary probable that it
the question of tariff, pnre and siruule,
stripped of all side issues and parly en-
tanglements, were presented to them to
morrow they would vote for reforms more
nearly akin to free trade than would the
democratic party as a mechanical whole
including the Randall contingent The
evils of protection are corning to the sur-
face and the people are anxious to apply
the proper remedy.
GEORGISM AND CLERICAL EN-
THUSIASTS.
The world Is familiar with the severance
of the connection of Father McGlynn with
the catholic church, brought about by the
active advocacy of the George theory of
lard tenure by the reverend gentleman. It
is true that the retirement of Father Ms-
Gljnn from the christian ministry was not
altogether his own act and that he protested
strongly at the time against the decree of
his church, but the fact remains that he is
no longer a minister in good standing, and
that his downfall was due solely to his
espousal o! the George doctrines, which are
held by the catholic church to be contrary
to the teachings of the christian religion.
There was quite a cry of indignation
from proteetant papers and protestant
pulpits at the time over what was declared
to be an unwarrantable Interference with
the rights and duties of a private citizen,
whese views on a semi political question, it
was contended, could in nowise interfere
with his duties to his church. The churoh,
however, jemained as firm as F .ther Mc-
Glynn was persistent, and the result was
his total excommunication. That there was
much reason in expediency and consistency
for the position taken by the church would
seem to be implied in the action of the Rev.
Hugh O. Pentecost, a protestant minister
who has just resigned pastoral charge of
the most fashionable church in New
ark, N. J., in order that he "may
be free to preach the doctrines of tha
new crusade." Dr. Pentecost in his lette
of iesignation says: "I have reached a
culminating point which makes it impossi-
ble for me to remain connected with ortho-
dox Christianity, or possibly with orgin-
ized Christianity of any kind." Inplvn
words his study of Georglsm bas not so
far unbalanced his mind or so blunted his
appreciation of right and wrong that
he can not see that for him to preach
Ibe recognized tenets of Christianity,
and at the same time to preach the na-
tionalization of land without compensation
to the present owners would be an act of
bypcciUy and deception. To be consistent
he must abandon one or the other, and he
prefers to turn his back on orthodox
aid organized Christianity. It looks
almost tragic that Mr. George
(■bt uld receive the open support and undi-
vided allegiance of two such shining lights
as McGljnn and Pentecost, after he has had
his army of followers routed and dispersed
so badly, but he may take comtort from
the thought that they could have been ot
only slight assistance to his cause at best.
It is singular, though, that two such man,
who sre credited with extraordinary gifts
of intellect and of speech, should be so far
infatuated with the impracticable visions
t f George as to be willing to abandonevery-
thing and follow his standard. Bat per-
haps after all Genrgi3m is an opportune
eatety-valve that may serve for the escape
of ciaiiks and crankisms from other call-
ings, much to the betterment and pur.iCi ;a-
tion of the latter.
CoKGRirssiONAT. proceedings yesterday
were faintly enlivened by notice of a pro
jected importation of workers to take the
place of strikers in Pennsylvania. The law
against importing laborers Is one of thosa
blows struck at effects, which do m re to
advertise the incapacity or hypocrisy of
their Iramers than to remedy any evil. It
is sufficiently consistent with the protective
theory, but has of course had the hostility
of most capitalists interested la protection.
They are sane enough to want free trade In
human raw material. Ordinarily the laws
should be self-executing. An admonition
by corgreea to the executive to enforce any
paiticular.law will scarcely pass the house,
as the house will presume that the adminis-
tration is not asleep. The resolution will
advertise its author as an active labor
class politician, and will incidentally ad
vertise the working of the truly scientific
Pennsylvania echc-me of manufacturing
cangerous classes.
The Chicago News is vindicated from tha
charge of pestering a private cltizan. Mr.
Blaine posing as president of the republi-
can party Is a public character.
The state attorney general's report for 1887
contains statistics of crime of the grade of
felony. There were during the year 1228
convictions and 820 acquittals. A large
number of cases were continued and dis-
missed. These convictions cost the state
about $585,000 and the counties nearly as
much. If it costs the state and county to-
gether $1000 to convict a felon and the state
f*ter his conviction puts him on a farm or
in a railroad camp where he finds oppor-
tunity to escape, the $1000 expended ia his
conviction is thrown away. Iu this way
from $75,000 to $200,000 is annually thrown
away. An annual expenditure ot a sum
equal to the amount ia this manner lost to
the state would provide safe and profitable
employment for the convicts hired out to
planters and railroads. Can not the legis-
lature conform its penal system to the re-
quirements ot this showing)'
Mr. Cleveland's message and Mr.
Blaine's reply to it seem to hav8 had the
tffect of completely snowing poor old Sher-
man's presidential boom under. He is
never heard of now, nor his boom spokea
of except in the past tense.
Some correspondents say, since the pros-
ecution against M. Wilson has been dis-
missed, that it was started to force the
resignation cf M. Grevy. That Is likely
true, but it does not ,show that there was
nothing in the charges. The charges might
be all true, but if Wilson had not been his
father-in-law's son in law certain politi-
cians would have had not even a temporary
interest in running him down. Now that
the old man is downed they have othar
matters to attend to.
Hon. Feakk Hoed, as a matter o£ course,
is pleased with the position taken by Mr.
Cleveland, and prophesies that It will ba
the winning card. He says Mr. Cleveland
is infinitely stronger to day than he was
four years ago; that he will losio none of
the states tha» he carried then, unless it be
New Jersey, and that he will carry the four
great states in the northwest—Michigan,
Wisconsin, M'nnesota and Iowa, and will
be 10.0C0 votes stronger In Ohio, where
there are numerous republican tariff re-
formers who, cn a square fight, will vote
wiilr democrats and free traders.
THE STATE PRESS.
From now on the run from Chicago to Ban
Francisco will be made in three days and
twenty one hours.
What the Papers Throughout Texas Are
Talking About.
The San Diego reporter of the Corpus
Christ! Caller writes:
In The Galveston News of December 10,
nltirno, in nn article styled Galveston and
Ber Future,! draw the following well written
ideas: "Being called upon to review those
measures ond enterprises which would
most promote Galveston's prosperity, I
would name the construction of the Oamar-
go (San Diego) road, or road tosouthwast
Texas. If the merchants of Galveston want
the trade ot the interior, keeping what they
have and securing more, they inuit indi-
cate it by putting some of the wealth they
have accumulated in that trade ia the3e
railroads." The News of the same date,
commenting on the article, "has but one
word tor the emergency, however, and that
is—action." This Is enoouraglng. if Gal-
veEton acts. San Diego will profit by it.
Tie only way to get the calf is to coax the
old cow.
The Caller says:
The hunting grounds adjacent to Corpti3
Christ! are becoming famous and attract-
ing hunters from other states. Dr. J. Malln
of St. Joe, Mo., and Mr. H. D. Bennett of
Columbus, O., are recent arrivals. They
are sportsmen and have come to spend
several weeks in hunting deer, swan, geese,
ducks and jack-snipes.
The Houston Herald says:
The Galveston News' report of the
Masonic grand lodge proceedings is a mag-
nificent piece of reportorlal work, and ia
highly appreciated by the Masonic dele-
gates.
The editor of the Ban Antonio Times yields
the floor, or the faber:
There are several different ways of edit
ing a paper. The Times prefers that
method by which the public is allowed to
have its say; hence the absence of strict
editorials to day.
The Huntsville Item reports the failure
of the Groveton Long Laaf and Cold Springs
Current, and imputes It to the low price of
subscription. The Item says:
In a country office the amount received
from subscriptions ia one of the principal
incomes, and when It Is brought down so as
lo barely pay the cost of blank paper and
ink it is not to be expected the business will
prove remunerative. Well posted people
know a paper with only 000 or 700 circula-
tion can not run at thelprlce of onefprtntlng
as many thousands, or ofttlmes treble the
number. We feel the longevity of the Item
places us In a position to speak advisedly
on this subject. For more than a third ot a
century it has gone on, through war, tires
and business depression, always paying its
just debts and exacting fair compensation
lor Its labors, else refusing to perform
them. Others might prove more success-
ful in the newspaper business by adopting
the same policy.
The Fort Worth Gazette says:
When the press of Texas undertakes to
work up a boom for Texas it Is useless for
that boom to hold back—it must come.
People who are called on to pay for booms
should submit cheerfully. Remember the
case of the man who complained that the
dull razor of the barber hurt. "Never
mind," said the latter. "IC the razor don't
break the beard Is bound to come."
The Gonzales Inquirer reports an inven-
tion to supply a long needed want:
A young tailor in this citv has invented a
new style of boys' trousers which is highly
recommended. They have a copper seat,
steet iron knees, and are riveted down the
seam, find have water proof pockets to hold
broken eggs.
The Corpus Christ! Caller prints a short
autlbiography of an old Texan and Mexican
veteran who S6rvedinthe days of the re-
public of Texas and with the United Btates
in the war with Mexico, now a citizen ot
Lsgarto. He is now 87 years old:
He was boin in Harrison conntv, Va.,
in the year 1801, came to Texas In 1835, and
later enlisted in Captain Kowell's company
commanded by General Sidney Sherman.
He was engaged in the battle of Han Jacinto,
was guard over Santa Anna after hl3 cap-
ture. After being discharged he enlisted
In the ranger company under Colonel
Coleman, stationed on the Colorado river,
wiere now stands the city of Austin. He
wa8 scouting continually from the Brazos
to the Rio Grande; had many fights aud
skirmishes with the red skins. In 1842 Gen-
eral WolJ, a Mexican general, invaded
Texas, starting for San Antonio. A battle
was fought and the Mexicans were repulsed.
The TexaEs were commanded by
Fisher and Green. Our troops, says
ibe veteran, were called the "Hell
bounds."* The Mexicans numbered about
4gc0 and we had about 800 men. We cro3sed
over after them where Brownsville now
stands, but quite a number left us and
would not go. We were taken prisoners at
Mifr, corralled in a cow pen and treated
Hie horses. We broke out the first night
but on account of the foggy weather were
recaptured, and then we had to draw oar
beans In the famous fatal baan lottery.
After this bloody murder we were carried
to Peroto and placed at work carrying rock
and sand to build a calaboose. Wo ware
there nearly twelve months wltll poor ra-
tions and cruel treatment; afterward we
were taken to the City of Mexico and pat
to work cleaning the streets. Were there
about six months, when the captain bribed
the guard and eonie eighteen ot us made
our escape. One poor fellow was too big to
set through the hole. We boarded tbe b»rk
Charles P. Williams In the gulf, and after
a fair voyage landed at Galveston.
Tbe kind citizens of Galveston gave us
clothing and some money, and we then
scattered to our respective homas, I to
Rusk county, Tex. In the spring of 1816 I
emitted in the war between the United
States and Mexico, under John McCarty.
We went to Lynchburg and from thereto
Galveston, Ihence to Point Isabel. At that
place we were attached to Hay's reglmaat
of Tt xas Infantry. From there we went to
Camargo, sta\ed there four days, then
marched to Monterey; and after a four
da5's hard fight captured the city. We
marched from there to Saltillo, took the
place without any resistance, stayed thare
on tbe heights some eighteen days and was
joined by General Wool. McCulloch
came in with the news that Santa Anna
was comiDg with 20,000 men, which causad
us to retreat to the valley five miles from
Saltillo, where we laid until daylight.
About the break of day we were attacked
by Santa Anna, and it was the openiag of
the ever memorable battle of Buena Ytata.
It was a bard day's fight, ever to be remem-
bered. We whipped old Santa Anna. I sus-
pect we were beaten several times during
the day, but did not know It. A ditch about
three fourths of a mile long and 100 feet
wide separated us. At one end were placed
cur guns. The Mexicans would charge us,
when we would let them have the full bane-
fit,and we put many a one in the ditch. Dur-
ing the battle at Buena Vista, the last I saw
of Lieutenant Clay the Mexicans were rua-
ning him through with their lances. The
boys got hold of him, and were going to
carry him off, but he told them that he was
dying, to lay him down and save them-
selves. I heard the order given by General
Taylor to Captain Bragg: "A little more
grape, Mr. Bragg."
The Willis Index reports the proceedings
which closed the grange store at that point:
The grange sto-o and all the visible ef-
fects of the Willis Co operative association,
Patrons of Husbandry, were seized by
Sheriff Bimonton by virtue of two writs of
attachment issued at the instance of Car-
son, Sewall & Co. of Houston, and before
the expiration of the week a dozen or more
attachments had been levied. So far as
the Index has been able to ascertain the
liabilities cf the firm will foot up between
$30,OCO and $35,000, the principal portion of
which is due to Galveston and Houston
creditors. The nominal assets of the firm
are given at about $52,000. Experienced
counsel have been employed by the asso-
ciation. and they are now at work upon a
proposition of compromise. The grange
store was opened in the fall of 1881 with a
stork of goods amounting to $1030, with Mr.
D. M. Campbell in charge as manager, and
bas eteadllv increased its business yeiar by |
jear until "its annual sales were oyer $90,- i
CC0. It bas taken the lead In every import
aut enterprise inaugurated for the prosper
Ity and advancement of our town aud coun-
ty, and has contributed liberally toward
the commercial interests of Willis.
The Austin Citizen, colored man'u paper,
says:
Some of Iho colored farmers are in a
poor condition to pitch another crop. This
year's failure has brought many ot them In
debt, and in some instances the landlord or
merchant has taken the last ear of corn,
the last horse and wagon and everything
they possess, leaving them without teams
or tood to prepare for a new crop.
The Liberty Vindicator says:
As an evidence of Improvement and en
terprise and thrift among our people, we
are Informed that over $1000 worth of fruit
trees were sold to different persons in this
county by a Dallas nursery, and that the
trees have been delivered and paid for.
"Enterprise and thrift," eh? Liberty was
an old county before Dallas was settled, and
Is one of the best naturally In the state. The
lack of enterprise has kept it back. The
following from the same paper is more to
tbe purpose.
Farmers are beginning to plow their lands
preparatory for another crop. We are glad
to see this early beginning at Ifarm opera-
tions, for by early and deep plowing good
crops are certain in this county. Corn wa
havo sever known to fail to make a good
crop in Liberty county, when the land was
well broken ana planted early. Cotton con-
tinues to pour into our town. Every day
wagons from different parts ot tha county
come in loaded with cotton. Thero are, we
believe, seven steam cotton gins In this
county, all of which are doing well. Where
there was one bale of cotton raised In this
county this year, we believe there will be
two raised next year; at least an effort to
raise more will be made.
Tbe Taylor Texan notes the fact that:
Galveston is to have two new roads to
add to ber already extensive railroad facil-
ities. One is an air line running north ward
midway between the Houston and Texas
Central and the International and Great
Northern road, and the other is to form a
connection with the Texas and Mexican,
and thus give a through route from Galves-
ton to the City of Mexico. The first men-
tioned has all the preliminary work already
done and a thorough organization already
effected. The other, It is said, will soon
teke definite form.
The Austin Statesman of Bunday ex-
panded into a twelve page paper, under the
Influence of its new corporate organization.
A correspondent of the Cuero Btar cor-
rects some points in the obituary in the
Austin papers on the late J. Hense MsBride
Pridgen:
He was not a veteran In the war between
Texas and Mexico, for be was too young to
have participated in that great contest, yet
when occasion demanded was on hand to
do bis part. In 18-13, when Captain John
York, followed by Joseph Tumllnson,
James Bell and others, went In pursuit of
the Indians ravaging the country, he was
with them, though unarmed, and when
York, Tnmlinson, Bell and many others
fell be took up the guu of Tumllnson and
did his part in holding off the savages until
their bodies could be removed. Again, ia
the battles between tho United States and
Mexico, though quite a youth, he Is report-
ed by tbe late General William R. Scurry
(who was then major of his regiment) to
have been the bravest of the brave. In
their attack or rather charge on Monterey—
tbe bishop's palace, I believe—he was far
ahead of the line, exhorting them to move
faster. And again lu the late war between
the states'he was enthusiastically beside
his oJd-tiEie friend, General Ban McCal-
loch, when he was killed at Pea Ridge, in
Arkansas. At tho call of his country he
was never found wanting. As a citizen of
De Witt he was kindly regarded and es-
teemed.
THE PUBLIC REGISTER.
The funeral of Vice-president Hendricks
cost the government .flSOO, and has just been
paid.
Colonel Don Piatt claims to have
originated the word "crank," as applied to ec-
centric people.
The great bulk of the world's supply of
pencil-wood comes from the swamp landi of
Levy county, Fla
Miss Mary Murfree (Charles Egbert
Craddcck) has left Boston and returned toiler
home In St. Louis,
M. Tirard, tbe new French premier, is
61 years old.andat one time was In businesses
a wholesale jeweler.
For thirty-two years Mrs. Catherine Mur-
dock has kept the light In the ltondout (N. Y.)
lighthouse burning bilglitly.
Mr. Lionel Bhough is In great demand
as a story teller, and his "anecdotal entertain-
ments" are becoming a feature of London so-
cial life.
Mrs. Frances Hodgson Burnett, who is
in Florence, Italy, for the winter, has received
■18000 for her story, Sara Creme, from au Eng-
lish magazine.
Si Blocum, [the humorist, is an old sea
dog, who knows the life of jack tar from the
forecastle to tbe topmast, and oftan takes oe-
cat Ion to bieast the waves in a pilot-boat.
On the recent 70th anniversary of his
birthday, Professor Mommsen received an ad-
dress of congratulation signed by 418 learned
and eminent men in all parts of the world.
Alexander Levy of New York has baen
sued for breach of promise by a girl he re-
fused to many, because she would not con-
form to a custom in the Polish Jewish religion
and have her head shaved dlrecty after the
man lage.
BBOWHSVILLE—MATAM0R03.
Reduction in Customs OHiccrs' Pay—Riotera
Surrender—Hesult ol Elections.
Brownsville, Tex., December 20.—There
haB been a general reduction of the pay of
custom-house employes in this district,
deputy collectors and clerks being cut
down $200 a year and Inspectors from $3 50
to $3 a day.
The Social club gave a pleasant hop last
evening.
Matamoros, Mex., December 23.—It is re-
ported that Bias Uballe and his forca of
rioters returned to Victoria and surren-
dered to the governor of the state.
The result of the city election was a3 fol-
lows: Melqaeades Torres, 1677 votes; Laoa
A. Obregon, 13-2; C. Villanueva, 21. As will
be seen, Senor Torres received a majority
ol all the voting population of the city had
they turned out en masse.
TheCronista says that General Juan V.
Cortina, who has been appointed to aa im-
portant position abroad by the government,
will shortly arrive here to arrange his bas-
iness before going abroad.
Br. Alejandro Prieto left Laredo yester-
day en route to this city. A committee of
distinguished citizens has been formed to
give a brilliant reception to him. A grand
ball at tbe opera house will be a notable
feature of It.
Br. Prieto will bo the future governor of
the state.
Goldthwaite.
Goldthwaite, Tex., December 20.—The
weather to day has been very cold. (J iite
a novel sight here during the forenoon was
a l.'gbt fall of snow with an almost chad-
less sky.
Parties from Ban Saba state that her citi-
zens are very much elated Over tas pros-
pect of securing a railroad. The paopla
have been in conference with railroad offi-
cials, who have made a propojitioa
to complete a road to that place for a stipu-
lated bonus, which the citizens will raise.
They will have another conference to-day.
Wiih railroad connection San Saba will
make one of the beet towns in west Texas.
Bhe has many advantages which other
towns do not CDjoy.
WRIT OF HABEAS CORPUS.
OPEN l.EITErt TO EX-G0V. !SEUNi>.
Rights of Cit'zens and Jurisdiction of tin Fed-
eral Courts to Guard Them Under
the Writ.
Galveston, Tex., December 19.—Hja.
John Ireland—Dear Sir: As yoa were asked,
yonr opinion of the decision of the Uai'ed
Blates district judge in ex-parte Srockton la
habeas corpus—the drummer tax case—and
gave your opinion for publication, so I havo
been asked my opinion as to the issuo-
raised by you, and believing yoa to be too
candid a man not to be shown the error iato-
whieh you have fallen, I venture to do so.
Taking you to be a fair type of the lawyer
and advocate, It would seem, jadglng from
your opinion as given by you, ffcat the rights
of the citizen as between him and the gov-
ernment are but imperfectly understood,
and fall far short of that redress to which,
when invaded, they are entitled in the>
courts of the country. To show that th»
rights ot the citizen are not so imperfectly
guarded and guaranteed is the motive of
this letter.
Not Intending, you say, to tonoh tha
meilts of tbe controversy of the case la
questiOD, because in your opinion they
lie beyond the preliminary question of ja-
rlsdlctlon, you are very explloit la
your suggestion to tbe jadge pre-
siding that the validity ot the drummer
tax was not Involved properly in the casa
before him. While this suggestion may ba
considered as inaccurately expressed, and
as not Intended to mean that la your
opinion the validity of the state law was
not involved, you are to be understood
most undeniably a3 expressing the opinloa
that not only are you precluded in yoar,
criticism from discussing tbe validity of
the tax, because ot the preliminary ques-
tion of jurisdiction, but that la your
opinion the judge presiding was
equally precluded from reaching tbe
merits of the controversy. Yoa say "aa
a judge you had to determine the question
ot jorlediction first." "This you were com-
pelled to do, whether raised by opposing
parties or not." "Every court must first
settle that question."
This, governor, is elementary lav, and It
must be assumed was settled to the entire
satisfaction of the court and determined in
favor of the jurisdiction. Tnat it way
wrongly so determined is the error, gover-
nor, Into which you have fallen, and that
yon have fallen Into such aa error is a
matter ot grave surprise to me and
must be to all you know yon
either in pe. eon or by reputation. You say
"tbe question was and ts, in all like cases,
can any federal judge less than that ot tbe
supreme court review, annul or reverse the
judgment of aDy state court?" (Permit me
to say here that while such a question was
not before the court in the case in naestioa
I accept tbe question as put) "And se-
cond," you ask, "can any federal court taks
it for granted and so far ast upoa the sap-
position that because a drummer or other
person is held to answer ia the stata
court, even on a charge against whic'a
he is protected by the federal constitu-
tion, that tbe state court on the trial will
not decide the case correctly under all con-
stitutions and laws?" "Both these ques-
tions, my dear jndge, must be answered ia
the negative." ltight here, my dear gov-
ernor, is the error into whtjh yoa have
fallen. You say, further: "If the put? is
protected from the sentence, or imprndlag
sentence, in a state court by the coastita-
tion of tbe United States (siaca the writ
of habeas corpus can not be used
as a mode of appeal), let him proceed to
obtain redress or relief by due course o"4
law." "That dee course is, yoa say. by
by appeal from the court of last resort in
the state to the supreme court ot the Uaited
Btates." This, dear governor, Is error
number two, and that these errors should
be Tours, sir, are with me matter of no
small wonder, and I feel that you are will-
ing to be set right, which I now proceed to
do, so far as the well settled adjudications
of the conrts settle everything.
In ex parte Koyall, 117 United States, 211,
the applicant tor the writ of habeas c?r»a3
was restrained of his liberty uader state
process, and applied to the circalt coart ol
the United States for the eastern dis-
trict of Virginia, which court held it had
no jurisdiction. He applied to the supreme
court of the United States. The co.irt says;
"The first question to be determined is
whether the circuit conrts have jurisdiction
on habeas corpus to discharge from casto-
dy one who is restrained of his liberty In
violation of the national constitution, but
who, at the time, is held nnder state process
for trial on an indictment charging him
with an offense against the laws of the
state." The court held that the elrcait
conrt has such jurisdiction. The court
says: "It may be suggested that the
state court is competent to decide whether
the petitioner is or is not illegally re-
strained ot his liberty; that the appropri-
ate time for the determination of tnat ques-
tion is at tbe trial of the indictment, and
that his detention for the purpose simply ot
securing his attendance at the trial ought
not to be deemed an improper exercise by
that conrt of its power to hear and decide
the case. The first of these propositions la
undoubtedly sound, but with respect to the
other proposition It is clear t.b if the
local statute under which Kjyall was
indicted be repugnant to tbe constitotios,
the prosecution against him h«,s nothing
upon wbieh to rest, and the entire proceed!
ing against,him la a nullity." "As wassaid
in ex|parte Blebold, 100 U. S., 370, an uncon-
stitutional law is void, and is as no law."
"An offense created by it Is no crirns." "A
conviction under it Is not merely erroneous,
bnt is illegal and void and con net be a le-
gal cause of impri-jonment." The court savs
in conclusion that where one is ia custody
under process from a state court ot original
jarlsdlctlon for an alleged offense against
the laws of such state, and it is claimed
that he Is restrained of his liberty ia viola-
tion of the constitution of the Uaited States,
the circuit court has a discretion whether
It will discharge him upon habeas corpus
in advance ot his trial in the court in which
he was indicted." The coart farther says
that while it may appear unseemly that a
prisoner after conviction in a state court
should be set at liberty by a single jadge oa
habeas corpus, there is no escape from the
act of 1867, which invested such jadge with
power to discbarge when the prisoner is
restrained of his liberty in violation of a
law ot the United States.
In re Ah Jones, 29 Federal Reporter, 181,
the petitioner was In enstody in parsuance
of a judgment upon a conviction oatr^lng
him with the violation of an ordinance of
the cily of Modesto. The ordinance was
held void as making criminal an act whMh
is innocent in Itself and lawful under the
general law of the land, and that to commit
the prisoner to prison for doing suih aa act
Is to restrain him of his liberty without du1*
process of law,In violationof the fourteenth
amendment to the national constitution
Thepri'oncrwas discharged. The conrt
say: "There are no reasons pacal'.ar to
the case that would justify pu'Ung the
party to the expensive and tedions process
of pnreuing his remedy thronga ait tha
state court?, and, It necessary, b? appeal to
tho Euprtmp court at Washington, 3009
miles away." "To require this in a :asethat
teems cltar would be equivalent to * total
denial of justice." "It would be far batter
for the peti'ioner to suffer the pnnishmenfc
Imposed and serve out bis sentence than to
undertake so onerous a task for the vindi-
cation of Jiis rights." To the sane effect is
the caee of Tie Loy (26 Fed. Reporter, till),
end other cases that might be cited.
L. E. Trkzstant.
Claiming Damages lor False Arrest.
New Ydiik, December 20.—A lltlle after
noon to dav President Dexter of the Cincin-
nati, Hamilton and Dayton railroad was
servd with a snmmons at the Instance oE
Hefiry 8. Ives, who Urtnga an1,1; against
Dexter, laylcg damages at »100,000, for
false arrest.
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The Galveston Daily News. (Galveston, Tex.), Vol. 46, No. 239, Ed. 1 Wednesday, December 21, 1887, newspaper, December 21, 1887; Galveston, Texas. (https://texashistory.unt.edu/ark:/67531/metapth467726/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.