The Galveston Daily News. (Galveston, Tex.), Vol. 52, No. 55, Ed. 1 Wednesday, May 17, 1893 Page: 6 of 8
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THE GALVESTON DAILY NEWS. WEDNESDAY. MAY 17. 1893.
EHAEPLT EEVIEWED A5fD OEITI-
OISED BY HAEEY TEACY.
"A Want, of Capacity to Attend to Busi-
ness" the Cause of Failure.
Populist Plans.
Dallas, Tex., May 16.—*-I think the twen-
ty-third legislature was one of the grandest
failures the people of Texas have ever had to
contend with," said Col. Harry Tracy, the
noted populist leader, yesterday to a News
reporter. "And," he added, "the state is to
t>e congratulated at the end of the 120-days'
session."
The reporter said nothing, but gave the col-
onel good time to get his second wind and a
chew of tobacco, and listened.
"Yes," said Col. Tracy, "it wa9 a failuro,
and a monstrous one, simply for want of
capacity to attend to business, and also for a
teeming lack of desire to attend to business.
The state found them out, but had to pay
$180,000, wrung from the people by taxation.
That was the amount appropriated to pay the
mileage, per diem and contingent expenses of
the legislature. Then the time, frittered
nway uselessly 1 Why, not including Sundays,
between the 10th of January and 9th of May,
in recesses and holidays, fully ton days were
consumed, at an expense to the taxpayers of
$1500 a day. There seemed to be little dis-
position to attend to business; not a night
session held in the senate, and only oue or
two in the house. 1 do not doubt that indus-
trious work would have wound up all neces-
sary public business in sixty days. The people
of Texas will never adopt any amendmout to
the constitution extending the $5 term to 100
days; not much. Under such a provision as
that the sessions would be live and six months
long. There is no necessity for long sessions
and there are good reasons why business
Bhould be couiined simply to what is abso-
lutely demanded by the public good. For in-
stance, business and investments are always
more or le6» interfered with during the legis-
lature on account of the scores of fool bills
introduced, which strike at the root of com-
merce. It will not do to say that everybody
knows that these vicious bills wijl bo killed,
because experience has taught otherwise.
Therefore the sessions should be brief so that
business will not be in suspense longer than
is absolutely necessary by reason of pending
legislation with far-reaching consequences. I
notice that over 1000 bills were introduced, _
when 200 bills would have covered every
branch of legislation demanded by the people.
A reform in these long sessions is needed, and
you can put it down that $5 a day for 100
days will never gain the consent of the people.
Short sessions and faithful work; that's the
idea.
"To go into particulars, the people con-
demn the legislature for appropriating $40,-
000 a year for an inoperative railway com-
mission. Every lawyer among them ought to
know and certainly does know that the com-
mission will be knocked out when a decisiou
is reached. There is not a lawyer in Texas,
and I have talked to hundreds of them, who
will pledge his professional reputation on the
opinion that section 6 of the commission law
is valid. In all my debates with Chilton and
Tom Brown 1 could not get them to asset, in
their opinion as lawyers, that section 6 wou.d
stand the test of judicial scrutiny. There is
not a decisiou of any court of last resort,
state or federal, but holds that a railroad is
entitled to levy charges sufficient to pay op-
erating expenses, interest on its debt and a
reasonable dividend on the money invested.
"Under our system of government when the law
creates anything and gives it the legal status
of an individual, as all corporations have, the
law cannot discriminate and fix one standard
for the individual and another for the corpo-
ration. It is contrary to the genius of oar
government for the law to Bay how much a
farmer shall pay his hired help or how much
he may mortgage his property for, or how
much a merchant, shall pay his clerk and how
he shall pay for his merchandise, or for how
much he shall sell it. The same rule applies
to corporations. The only remedy for tne
evils that exist is to revoko the charters.
Therefore, 1 think the appropriation of $10,-
000 a year for the defunct commission was a
wrongful and extravagant expenditure of
money.
"Then, again, the creation of two more
courts of civil appeals was wrong. In the first
place, the whole system is a failure. Just
think of it. We now have twenty-one appel-
late judges to pass upon the work of less than
sixty district judges. The result 'will be an
interminable mass of conflicting opinions,
and not a lawyer in the state will be able to
maintain the library that the publication of
these voluminous opinious ffill necessitate.
Then again, nothing definite is settled any-
how. The fifth district court will construe
the law one way and the first district court
another, and the supreme court will have to
decide the bulk of the cases after all. My
idea is to have one supremo court of twelve
judges, Bitting in four sections, arid ail lo-
cated at one place, so that one library will
suffice for all. Under the system of numer-
ous intermediate courts, the weaker men will
go to the wall every time, the stronger carry-
ing the litigation through all the courts and
wearing out the weaker litigant. I arn satisfied
the system will be a failure, and it is not cred-
itable to the lawyers of this stale that they
have not taken the matter up and constructed
a plan that would furnish relief und still be
effective and economical. Su h lawyers as
Judge Clark, Prof. Roberts and others will
eventually have to do this in order to give the
state an effective judiciary. Then when un-
necessary laws are repealed and unnecessary
legislation is stopped, litigation will be largely
reduced and the people's money saved both in
litigation and in the salaries of public
officials.
"It would take all day to enumerate the
follies of the last legislature and the adminis-
tration of which it is a part. The Hogg gov-
ernment, as shown by tne general appropria-
tion bill, costs the state nearly twice as much
money as theKoss administration, and times
are twice as hard. The people certainly won't
stand it any longer. The railway bond bill,
which the governor is so proud of, can only
operate to prevent the construction of new
roads. In passing this law the legislature
simply complied with the wishes of the old
railway corporations, who desired to strangle
competition. No wonder there was no rail-
road lobby at Austin this time. The roads
did not need one. I occasionally noticed in
The News tbe presence at the capital of rail-
road attorneys, who, as a rule, went before
the committees and got everything they
wanted.
"The creation of the advisory board of par-
dons was another unwise and unnecessaiy
piece of legislation, the effect of which is to
enable the governor to avoid a largo share of
the responsibility placed upon him by the
ooustitutiou. All ihis talk about the gover-
nor not having time to consider applications
for clemency is the veriest bosh, und it can't
be rammed down the people's throats. The
governor had time to spend six months on
the stump last year, and from recent reports
in the press he spent about o»?e-third of his
time during the last legislature on tho floor of
either house. The governor has all the time
necessary to dispose of applications for par-
dons, without hiring anybody else to do it,
and the legislature had no business to make
this addition to his already too extensive pat-
ronage.
"Another thing for which I criliciso the leg-
islature is the bad example set by the carry-
ing on of card and domino games openly in
the legislative halls. I also understand that
there were side rooms well supplied with
whisky, to which members had the freest ac-
cess. Of course, if they want to play cards
and drink whisky it is all right, but it should
not be done in the capitol. I also read that
it was a favorite amusement of some of the
senators to play marbles with the payes. It
seems to me that in the retirement of Mr.
Chilton the people expressed their opinion of
marble playing as an •liment of statesman-
ship. Texas can't afford to pay men $5 a day
for such conduct.
"The failure of the legislature to pass the
sugar bounty bill was also a mistake. 1 see it
urged that it would have passed had it not
been for tho expressed intention of the gover-
nor to veto it. Then it should have passed
over his veto. By thissentimeutal tomfoolery
the state has been deprived of $110,000 which
it was justly entitled to. That money would
have paid the tuition for one year of 28,000
children iu the C"inmou Rchools. Before con-
gress passed the bounty act and removed tho
duty from sugar the people of Texas had to
pay millions of dollars to protect the sugar
kings of the country, and underthabounty act
th< y are taxed nearly three quarters of a mil-
lion dollars auuuaiiy to pay the bounty to
American sugar producers. Then why not
recover what we can of tho money extorted
from us? The sutrur bounty could have been
taken without any humiliation and would have
in no sense been an indorsement of the boun-
ty system. As it is, so far from receiving the
bounty thi state ou its convict farm is forced
to raise sugar on lands not well suited to any-
thing else at a disadvantage of 2 cents a
pound, as compared with other produoers.
"Agaiu the legislature failed to pass a just
mechanic's lien law, which it was pledged
to do.
"We object to the funding of state bonds
held by the university at 5 per cent when a 4
per cent bond could have been floated above
par. The state bonds held by the common
school fund bring only 4 per cent, a discrimi-
nation of 1 per cent in favor of an institution
whose benefits go to the richer classes.
"As for the governor's veto of the soveral
items in tho general appropriation bill, some
of them I approve. But his high sounding
sentences in favor of economy are in poor
contrast with paying $40,000 a year for the
dead commission and his appeal for an ap-
propriation of $26,000 a year to prosecute tho
federal judiciary. The knocking out of a
poor clerk here and there will not draw the
attention of tho people away from the greater
extravagance which he indorses.
4,Well, colonel, what is the populist party
going to do about all this businessV" asked
the reporter.
"Juat wait the see. We are going beforo
the people on a progressive yet conservative
platform. We will advocate a reduction of
expenses by lopping off unnecessary offices.
We will advocate the repeal of many useless
laws that now encumber the statute books;
we will advocate a liberal policy toward cap-
ital and labor to the end that both may come
iu and develop the resources of the state and
thus build up a good home market for the
products of the soil. We shall demand that
the people see the books for themselves
to learn what has become of their millions
expanded by this administration. Upon such
a platform an this we will nominate a ticket
composed of men in whose integrity and abil-
ity the people hfive confidence, and thus
equipped we shall go beforo the people.
Hoggistn is on its last legs in Texas."
THE BKUOE OASE.
How Commutation of Sentence Was Be-
coived at Hillsboro.
Hillsboko, Hill Co., Tex., May 15.—The
news of the commutation of the death sen-
tence of tho negro Isaac Bruce, who was sen-
tenced to be hanged here on Saturday next,
created much comment to-day. Many are
indignant and disapprove the act of the gov-
ernor, while others praise him for it. Tho
official statement of facts in the case is in the
hands of his excellency and has been for many
weeks. Just what it does show the facts to
have been upon which the highest criminal
court of Texas based its action in affirming
the death sentence is a subject of. comment.
Bruce was ably defended both during the trial
and in the appeliate courts. After the convic-
tion of Bruce, and his sentence the colored
people hero raised money with which to en-
gage punsel to work for commutation. J.
M. Johnson, the present city attorney of this
city, fays: "Gov. Hogg is mistaken in stat-
ing that 'no oue represents him (Bruce) or
offers assistance in his behalf. The only writ-
ten application made to me was by himself.'
I went to Austin in behalf of Bruce once siuce
tho affirmation of the death sentence and
talked with the governor. I also wrote appli-
cations for executive clemency, obtaineu sig-
natures and forwarded the same. No longer
than Friday last Hon. J. M. Melson went to
Austin in behalf of Bruce, carrying petitions
with him, and saw the governor, and about
the first information I had of the success of
our efforts was from him on his return from
that trip." ^
DENIS0N BUDGET.
Dog Killed by Lightning—Cotton Seed
Oil Mills.
Dejjisox, Grayson Co., Tex., May 15.—A
force of about 100 laborers are at work on the
cotton seed oil mill. Large quantities of
lumber are received from south Texas almost
daily. It is the purpose of the company to
have the building, Bheds, machinery and
presses all in readiness to begin operations by
Sept. 1.
The brick store building corner of Austin
avenuo and Munson street is nearing comple-
tion.
On account of the wind and rain yesterday
the programme which was to have been played
at the Bouievarde park was postponed to Sun-
day evening next.
The property of the Miller abstract com-
pany, which has been jq the hands of Receiver
K J. Smith several munihs, was sold at auc-
tion to-day and was purchased by A. P. Wood
for $2700,
The residence of Mr. Gerald Hughes in West
Denison was struck by lightning yesterday. A
small liole was torn in the roof, but no one of
the family was injured. A dog in its kennel
under the building was killed.
THE CAMPBELL OASE.
Divorce and Custody of the Child Granted
the Plaintiff.
Gainesville, Tex., May 15.—The case of
MrB. Laura Campbell against her husband
V. 1J. Campbell, for divorce, custody of their
child and alimony, was tried before Judge
Barrett in the district court to-day. The
courthouse was crowdcd all through the trial.
Some weeks since the case as to the custody
of the child was heard before Judge Barrett
in chambers and the child was then awarded
to tho mother and tho father was ordered to
contribute $25 per month toward their sup-
port. To-day the court dccreed that the wife
be granted a divorce and the custody of the
child with the provision that it should be kept
within the state of Texas and the father bo
permitted to see it on all reasonable occa-
sions. It was further decreed that the defend-
ant contribute $15 per month toward the sup-
port and education of the child.
0IS00 fcUfTERER3.
Rains Add to the Wretchedness of the
Situation—Amount Relief Received.
Cisco, Eastland Co., Tox.,May 15.—The con-
tinuous rains are causing many to complain
as they add to the wretchedness of the situa-
tion.
So far the lumbermen have donated thirty
carloads of lutuber to the sufferers, which has
been of great assistance in rebuilding the
town.
The total amouut of cash received up to
yesierday by the relief committeo, including
the state appropriation, is about $15,8J0.
New Bank Organized.
Atlanta, Cass Co., Tex., May 15.—The
First national bank of Atlanta was organized
yesterday oy Col. J. G. James of Austin, Tex.,
with a paid up capital of$50,000. The follow-
ing officers and directors were elected: Di-
rectors, John G. James, A. B. Hinkle, W. A.
Williams, H. A. O'Neal, W, A. Howe, J. D.
Johnson, L. F. Allday, J.T. Chamblee andT.
F. Howe. Officers, H. A. O'Neal president. J.
G. James first vice president, A. B. Hinkle
second vice pre-ident, J. W. Campbell cash-
ier, W. A. Howe assistant cashier.
New Methodist Church.
Cobsicana, Tex., May 15.—Tho building
and soliciting committee of the Methodist
Episcopal church south have held a meeting
and decided to build a new church to cost not
less than $20,000, with all modern improve-
ments, such as Sunday school, lecture and
class rooms, the building to be heated with
hob air.
SIDINGS AND SWITCHES.
ORAL DECISION RENDERED BY CIR-
CUIT JUDGE MoOOfiMIOK
Enjoining Attorney General Culberson
from Trial of the Railroad Land
Cases in Hardeman County.
In the United States circuit court, fifth cir-
cuit, eastern district of Texas, at Paris, Tex.,
May 12, 1893.—Alfred Abeel vs. Charles A.
Culberson.—Motion for injunction to stay
proceedings in the state district court for
Hardeman county in the suit of the state of
Texas vs. Houston and Texas Central rail-
road, George E. Downs and Charles Dilling-
ham, predecessor of Alfred Abeel, receiver,
came on to be heard ou May 11, in open court,
before Hon. A. P. McCormick, circuit judge,
and David E. Bryant, district judge, the de-
cision of the court was announced orally by
McCormick, circuit judge.
In the matter of the motion we have been
hearing yesterday anil to-day, we are of the
opinion that the suit in Hardeman county,
brought by the state against the Houston and
Texas Central railway company and George
E. Downs, to which the receiver of the circuit
court for the eastern district of Texas made
himself a party under article 4788 of the Texas
revised statutes, claiming that he, as such re-
ceiver, was the real owner of the laud in-
volved in the suit, was a suit, as the issues
were presented in the pleadiugs at the time
the motion to remove was made, which could
have been brought in the United States cir-
cuit court by the state.
That the state by presenting in her plead-
ings the issues between the parties as they ap-
peared in the record when the petitioner for re-
moval was presented, would have made a case
of which the circuit court has jurisdiction.
Said suit,in our judgment,presents issues that
depend on the construction of the constitution
and laws of the United States, or in the lan-
guage of the statute, arising under the consti-
tution and laws of the United States, referred
to in common language as federal questions.
It is clear to us that the record in that case
does present 6uch federal questions. Those
matters were weli presented to the stato court
in a petition by ail the defendants, accompa-
nied by the proper boi:d, sufficiency of which
is not questioned. This ousted the jurindic-
tion of that court and the subsequent filiug of
the transcript of the record in the circuit
court for the northern district of Texas com-
pleted a valid removal of the cause to that
court, and the state court could proceed no
farther with it.
We have no difficulty in holding that the
state, when she brings a suit against citizens
or other parties accepts all the conditions that
affect ordinary suitors except that no affirm-
ative judgment, as for the payment of costs,
can be had against her. The eleventh amend-
ment to the constitution only exempts her
from suits commenced or prosecuted by oth-
ers. When she institutes a suit against a citi-
zen and cites hitn to answer, she cannot draw
tho mautle of sovereignty about her and bid
him, thus challenged, contend with her under
any disability imposed by the eleventh
amendment; Bhe comes into court as any
other plaintiff so far as her opponents' right
to defend is concerned.
Therefore, we consider that the motion for
injunction made in this case should be viewed
in the same way exactly as if the attorney
geueral in his individual capacity was tho
party, and the state was not tho party. Wheth-
er the state is the party or not makes no dif-
ference in this matter. Sho being a party
plaintiff to the litigation, the suit one of her
own voluntary instituting, and now properly
removed to and pending in the circuit court
this motion Bhould be determined a9 if she
were an ordinary suitor.
We do not doubt the power of the circuit
court to enjoin parties from proceeding in the
state court in the removed causes where the
state court has refused to surrender jurisdic-
tion. We are mindful of the faot that in very
many cases where tho state courts have so re-
fused to surrender jurisdiction, either the par-
ties have refrained from asking the circuit
court to stay subsequent proceedings by the
state court, or the circuit court has declined
to grant such relief when asked.
In our view, it must, however, be conceded
that the cases cited by counsel for the com-
plainant in this motion from the supreme
court and from eminent judges at the cirouit,
amply support and settle the power in the cir-
cuit court to grant such relief in a proper
case aud indicate and illustrate the kind of
case that will warrant, and even require, the
granting of such relief.
1i The delicacy ol the situation justifies the
exercise of a large discretion and has been
rightly judged to demand from the circuit
court the exercise of such conservative and
provident action as has usually resulted in
their declining to exorcise the couoeded
power.
When, however, Berious detriment (no mere
inconvenience or customary court costs) is
likely to be inflicted on parties by the taking
of their property or other irreparable injury
to their interosts, not only the right to stay
such proceedings by injunction is clear, but
the duty becomes imperative. Wo consider
that this application presents such a case.
Here is an insolvent corporation whose prop-
erty was taken into the custody of th*» circuit
court for this district and is being held by its
receiver. It will necessarily and, it seems to
us, very materially embarrass the circuit
court in the exercise of its juris-
diction of this property to have
this removed causo proceeded with in the
state court, It is not simply an action of tres-
pass to try title, wherein oerhaps no material
mjury could be done until judgment was ren-
dered and a writ to put the plaintiff in posses-
sion was ordered and about to issue and bo
executed, but it seeks to have original grants
declared invalid or forfeited and to have cer-
tificates and patents, muniments of title can-
celed. And while ordinarily the matter of
accumulation of costs or the mere inconveni-
ence of the parties waiching and defending
the double litigation might not be deemed
adequate to require the exercise of the power
here invoked, the fact that the plaintiff is tho
state, agaiurt whom no judgment for cost
could be enforced or rendered, is of weighty
consideration.
It cannot be expected or required that the
defendants shall abandon the case in the state
court if the plaintiff is suffered to proceed
there with the cau^e. It will necessarily in-
volve considerable expense for such matters
as fall within the limits of taxable costs. Aud
it will necessarily involve a much larger ex-
pense for counsel fees, all of which, as is well
known, must be paid out of tho trust fund
which this court is administering.
Great public complaint has been made and
is being made about the volume of expense
for counsel fees that is incurred iu these rail-
road foreclosure proceedings. The judges of
this court canuot exclude from their consider-
ation the knowledge of the public history con-
nected with the inception and prosecution of
this and kindled suits in the state courts. In
the light of this knowledge is to be considered
the course this litigation would run in the
s ate court if wo should refuse this motion.
The trial will bo had in the district court for
Hardeman county; an appeal will oe taken to
the court of civil appeals for the district em-
bracing that county; then to the state supreme
court; when, if judgment go against the de-
fendants there, they may have their writ of
error to the United States supremo court.
The amount involved ib large—many
thousand acres of land—the questions of law
are high and difficult, as all real questions as
to tho construction of tho constitution and
laws of the United States are; much delay in
the course of this extended litigation is rea-
sonably to be expected,and it seems to us idle
to say that became the state courts havo lost
their jurisdiction of the cause their prteeed-
ing in it will not cloud the defendants* title or
seriously and irreparably affect their rights of
property.
The matter appearing to rest largely in the
exercise of a sound discretion by the court,
another consideration that has weight with
the prenidiug judge is that if we grant this
motion for a preliminary injunction, aB we
havo conoludod to do, the attorney general
may take an immediate appeal to the circuit
court of appeals, which will resume its ses-
sions on the mutant, where this appeal
will hnve preference and a prompt hearing,
and decision. We expect the circuit justice
to preside in that court at its ensuing session.
If, on the other hand, we should refuse this
motion, tho mover could not now appeal un-
less, as the facta are all substantially before
us, we make our action final by dismissing
his bill, and in that caso, though he would
have his appeal from our final decree, it
would have no preference in the circuit court
of appeals, and that court would hesitate aud
possibly decline to review and reverse us in
the exeroise of our discretion in refusing such
an injunction.
The^e reasons briefly stated, have led us to
conclude that the injunction now asked should
be granted. Counsel for the motion will pre-
pare and submit for passing tho proper de-
cree in accordance with tho prayer and the
views we have just expressed.
Judge Bryant authorizos me to announce
that he concurs fully in thia decision and in
the reasoning on which it is based.
The counsel cited and the court considered
and referred to the following authorities:
United States vs. Louisiana, 123 U.S. 32;
Ames vs. Kansas, 111 U. S. 449; Omaha rail-
way company, 32 Fed. Rep. 738; Railroad
company vs. Mississippi, 102 U. S. 135; Low-
ery vs. Chicago, Burlington and Quincy rail-
way company, 46 Fed. Rep. 84; State of Illi-
nois vs. Central railway company, 33 Fed.
Rep. 721; French vs. Hay, 22 Wallace 250;
Dietzsch vs. Hindikoper, 103 U. S. 41)4; Fish
vs. Railroad, 10 Blatchford 518; Sharon va.
Terry, 36 Fed. Rep. 365; Railroad company
vs. Ford, 35 Fed. Rep. 170; Wagner vs. Drake,
31 Fed. Rep. 849; Texas and Pacific railway
company vs. Cox, 145 U. S. 601; People's bank
vs. Calhoun, 102 U. S. -62; in re Ayres, 123 U.
S. 443; Pennoyer vs. McCounaughy, 140
U. S. 1.
THE iri0ID_EU r at ahson.
The Town Is as l'juceable and Quiet
aa Usual.
Assos, Jonon Co., Tel., May 12.—T. H.
Hays, after leaving with his brother, J. W.
Hays, yesterday, returned at a later hour and
proceeded to wind up the doctor's business
by disposing of his forage, stock, furniture,
etc. Besides he is settling the doctor's debts.
It is reported that Jell Suggs moved his fam-
ily from Anson into the country on yester-
day.
Everything is very quiet In Anson, and
the people feel agirri"ved over the exagger-
ated statement that went out from Abilene a
few days since. There is not a more quiet
and peaceable town iu Tgxas thau Anson.
And even under the trying circumstances that
they have had to undergo of late, there has
been no demonstration upon their part to act
rashly or to become excited. Siuce tho item
appeared in the Gazette and Nitws a few days
since a great many private loiters have been
received by individuals asking about the af-
fair and inquiring of the safety of property
and friends. No such state of affairs exists
as to call for such apprehensions. At no time
wero armed men pa rolling tho streets or a
coDllict eminent between the two friends of
Dr. Hays and the ci laons or the authorities.
Dr. Hays was arrested under the circum-
stances as heretofore communicated. The
sheriff gave Dr. Hays an opportunity to make
bond in a manner never before accorded a
prisoner. He took him in a surry and trav-
eled over the country with him and let him
interview his friend.-. No one would go his
bond until Thursday morning, tho 11th in-
stant. Dr. HayB, complaining, was permitted
to spend most of his ti me in the jailer's office
and was not confined t o his cell. If Dr. Hays
had numerons friends that were likely to shed
blood in preventing his arrest they never put
in an appearance to go on the bond. No
threats or intimidation were indulged by any
one to keep tho doctor from getting bond.
Two citizens of A'nson went on the bond with
T. H. Hays and Tub Nsws correspondent,
though mingling wuh the peoplo all the
time, has heard no censure toward
those going on the bond. The people of Anson,
it is true, have sustained a misfortune. But
they feel safe both in person and property
and are rebuilding rapidly and there is no
drag in business. The adjuster that arranged
the policies of the tire insurauce companies
recommended the local agent to continue to
insure, and even before he left a policy waB
issued in favor of a party doing business on
the square in Anson. No doubt but that an
incendiary oas been at work. But the people
are on the lookout, hard at work and with an
efficient set of officers behind them feel that
the law will be vindicated. And that is all
they ask.
The Western of May 12 Bays: "The people
of Anson are indignant at the long article in
the Sunday's Gazette, headed 'Anson in Anns.'
The correspondent at Abilene got a few of tho
faots and then drew heavily on his imagina-
tion, espenially in placing the damage of the
fire at the small sum of $250,000 when it would
hardly go $60,1X0.
BHEBMAN SH"HN&3.
Man Held Up in the Territory.
Sherman, Tex,, May 15.—Parties in South-
mayd and Basin Springs, in the western part
of the county, purchased horses last week
from traders and yesterday had them proven
cut of their possession by their owners from
the Indian territory, and it develops quite a
business has been done lately along Red river
by horse thievos from tho territory, who bring
ths stock just over the lino and dispose of it.
It is reported that tho band of train robbers
who did the Pryor creek work have been seen
in the vicinity of Honey Springs lako in the
Creek nation and that thoy made a diversion
from their regular lino by holding up a man
by the name of Mcintosh aud taking a splen-
did saddle animal from him.
It is believed tint the horse thieves onerat-
ing along l ho river front and from whom the
citizens of this county have suffered, if not a
part of the Pryor creek gang, are connected
pretty closely.
Chief Jnstloe Tom Rrown,
Judge T. J. Brown of the fifteenth judicial
district (Grayson county) said to a Nsws re-
porter:
"My appointment as chief justice of tho
civil court of appeals does not take effect
until August 8 and I will hold the presoit
term of the court before my successor, Judge
Bliss, will qualify."
"Judge, will you remove your residence to
Dallas?"
"No, I shall retain my permanent home in
Sherman, though it may be necessary for my-
self and family to board in Dallas next win-
ter."
A BUSjLAK in the room.
More Artesian Well Talk—The Ball E
tractod—Oorsioana Notes.
Corsioana, Tex., May 16.—This morning
about 4:30 Mrs. M. E. Dunn was awakened
by a noise in the kitchen. Supposing it to be
a cat she arose and weut in to drive it out, but
o her surprise she found a tall, black negro
whom she called to. The negro j'imped out
of the window through which he came. He
had gone through her trunk containing trink-
ets of value and also through the pockets of
Mr. Dunn's clothing. A sack of Hour and the
trinkets wore placed near the window.
Efforts aro being made to organize a Btock
company to bore another artosian well here
so as to socure hot water for a uatatoriuin and
other purpotes. The water at tho orphans'
home nas been found very good for many dis-
eases.
Constable R. J. Allen and Deputy Sheriff
D. A. DeVVitt arrested Bud Elkius here to-
day. Elkins escaped from the Dallas county
poor farm about a month ago.
Elias Ivoy who was shot by a tenant on his
farm near hero about two months since, was
brought here last night and had the ball ex-
tracted. It was found lodged under the col-
lar bone. His physicians say ho will now im-
prove rapidly.
To secure more room for increasing busi-
ness Thk News' circulator has fitted up a neat
office in front of the Wolls-Fargo express
office, a convenient location for the public.
Stolen Goods Recovered.
Tri.ia, Tex., May 15.—Kid Thomas, oolored,
charged with burglarizing Ilornbrant's store
at Longview, was arrested in this city Satur-
day night and two of his accomplices were
jailed to-day on a charge of receiving stolen
goods. All the goods taken in tho burglary
ave been recovered, Kid having designated
whets they wore.
HAD THREE ON HER STRING
0UP1D WAS KEPT BUST HURfiYING
TO AND FEO.
The Dallas and Panhandle Would-Bo
Groomu Distanced—Eeformad Sport's
Work—A Boot-Soaking Rain.
Fobt Wobth, Tex., May 15.—Mr. George
Price and Mrs. Sallie F. Fox were married
yesterday afternoon at the residence of Mr.
Tom Wilbur on East Second street.
The marriage license book at the county
courthouse shows that a license was issued
yesterday to Mr. N. P. Tanner to marry Mrs.
Sallie F. Fox.
Yesterday afternoon a man came in from
the panhandle to wed Mrs. Sallie F. Fox.
Justice Kennedy was reading his mail yes-
terday morning when a man rushed in and
said he wauted to be married quick. He had
his license in his hand. The justice was willing.
The man said his name was N. P. Tanner and
he was from Dallas. He said he would go and
Srepare the lady. The justice waited.
•irectly Mr. Tanner drove back. The lady,
ho said, was too unwell to have the ceremony
performed in the morning and they had de-
cided to wai< till 3 o'clock in the afternoon.
Judge Kennedy waited till tnem.
About 4 o'clock Mr. Tanner again met the
justice. He informed the representative of
the peace and dignity of the state that his
services would not be needed. The lady had
eloped with another if not a handsomer
man.
About 2:30 o'clock in tho afternoon Mr.
George P'ice, who lives in Fort Worth and is
euipioyed in a furniture house, drove to the
boaiding house at 503 East Weatherford
street, where Mrs. Fox was stooping. Mrs.
Fox joined him and they drove off. They went
rapidly to the residence of Mr, Wnburon
East Second street. Mr. Price said to Mr.
Wilbur Hint he wanted the lady to remain
there till ho could secure the services of a
preacher. Then he went to the residence of
Mr, Rouse. To Mr. Rouse he said: "For
God's sake tell me quick where I can find a
preacher." Aldeman George Neis, who is a
brother-in-law to Mr. Rouse and a preacher,
happened to be present. He readily accom-
panied Mr. Prioe to Mr. Wilbur's where the
ceremony was Boon performed and Mr. and
Mrs. Prico continued their drive.
Anout3 o'clo k Mr. Tanner drove to Mrs.
Fox's boarding place and was told that she
had gone driving. He left in a hurry, und has
not since boon seen there.
Last evening a Denver train brought in a
gentleman from the panhandle whose name
cannot bo learned. He went to Mrs. Fox's
boarding place to have the wedding ceremony
performed, and when he got there was told
that the ceremony had been performed with
another man in the title role. Then the pan-
handler, with the characteristic philosophy of
bis section, said:
"Please tell her that no man can congratu-
late both herself and her husband more hearti-
ly or sincerely than myself." With that he
left.
A News reporter to-day called on Mr. Geo.
Price, tho successful wooer.
"I got my license out on Saturday," ho said.
"I was in a hurry Sunday because 1 did not
want to get left. I knew that the man from
Dallas was to come over and wed Mrs. Foi
on May 16, but ho fooled us and came a little
ahoad of time. I had my license in my
pocket, and I thought I would hurry up the
proceedings. I drove Mrs. Fox around to
Mr. Wilbur's and then went to Mr. RouBe's
house, corner of Second aud Hampton streets,
and told him for God's sake to get me a
preacher quick. Mr. Neis was there and we
were promptly married.
"I did not know anything about tho man
coming from the panhandle till after the
whole thing was over. If he had got here
sooner he might have made it interesting for
us. I am very well satisfied with the way
things have ended, and I know my wife is."
Mr. Price is a very young man with just the
faintest suspicion of a beard on his cheeks
and a mustache on his upper lip. He is
about 23 years of age and an industrious
young man.
Mrs. Price, the heroine of the three cor-
nered romauce, is apparently as old as her
husband. Sho is a brunette. She has been
living in Fort Worth several years and a
widow mora than a year.
She has nothing to say to tho reporters be-
yond the fact that she considers the whole af-
fair great fun and that men are groat idiots.
She says Mr. Price was the choice of her hoart
and she was determined he should not get left.
She was merely trying to see how far the other
two men would go. She was a little surprised
that they went as far as they did and is sorry
for them, but she thinks they will get over it.
Mr. Bush und the Qarantlne Commission,
Mr. A. P. Bush, Jr., of Colorado, Tex., is
not nor will he be au applicant for the posi-
tion of sanitary commissioner on the board
created by tho last legislature for tho purpose
of stamping out and preventing infectious
and contagious diseases among Texas cattle.
This statement is niado upon his authority.
He has received many letters from cattlemen
all over Texas und from tho buyers at Kansas
City, St. Louis and Chicago asking him to
allow the use of his name, and for all of those
he is very grateful. They are iu line with the
interviews printed in The Niwb the other day
to the effect that Mr. Bush is one of the best
posted men on the subject of cattle quaran-
tine linos and regulations to be found in this
country and that his appointment will be
worth a great deal to Texas cattlemen.
Cattlemen generally are taking great inter-
est in the composition of the board. They
do not yet know what policy the gov-
ernor will pursue in making his appoint-
ments. If the governor listens to the oattle-
mon orexpresses any desire to have them rec-
ommend a man it is probable that some
united action will be taken.
Biggest Rain for T.n Tears.
There have been more rains and bigger
rains in west and northwest Texas during the
past week than for ten years before. Every-
thing has been flooded. Col. Jim Wilson, who
came in from Midland last night, says about
three incheB of rain have fallen over west
Texas.
The Denver railroad people ask The N iwb
to correct "the report publishod in a news-
paper at Fort Worth" that the town of Wichita
Falls had boon seriously damaged by a w ater
spout. Mr. J W. Richardson, chief olerk in
the superintendent's office of tho Denver, said
that when ho read the report in ihe Port W orth
paper he immediately teicg-aphed for a spe-
cial report of the affair. Mr. Richardson says
that beyond a hard rain no damage was d one.
But this digression for ?hesaka of the truth
does not alter the taot that all of west Texas
along the linos of tho fexn ind Pacific aud
Denvor roads are reveling iu water. They
have had three falls in three days, and they
have boen soak ng rains, too. The late wheat
crop or the larger part of it was saved and a
good yield is ex pected.
Cattlemen are also happy. The sun has
been parching the graBS on tho plains, but it
will come up again now and cattle will get fat.
construction company, with its home office at
Trenton, N. J. The persons interested in the
Dallas and Oak Cliff road under the reorgani-
zation are said to be large holders of rapid
transit securities.
RAILROAD NEWS.
Waldo'. Hnocossor.
Cincinnati Enquirer, Hay 12.
David Miller, traffic manager of the Queen
and Cresoent railroad, will leave the employ
of that company on the 20th iustant.
He does so to take a position caused by the
retirement of Vioo President Waldo of the
Missouri, Kaunas and Texas railroad. He will
be located at St. Louis, and his new position,
while very responsible, has much more pecu-
niary attachments than he receives in this
city.
The affairs of the Missouri, Kansas and
Texas official family have beou anything but
harmonious for the past few months, and
Mr. Waldo's resignation was the cul-
mination of a series ■ of hitches and
alleged unpleasantrins. Wednesday Mr.
Waldo was asked by his superiors from
New York to send iu his resignation,
which was immediately done. Mr. Waldo,
fimt vice president, had charge of all traffic
and the general operation of the road. Seoond
vice President T. C. Purdy's jurisdiction ex-
tended over everything appjrtaining to
transportation. A few weeks ago tbe latter
was informed from New York of the con-
templated disposal of Waldo, and that h«
(Purdy) had beon agreed upon to succeed
him. While he has not yet been offiuially
named as Waldo's successor, ha will become
sueh on the 17th instant. On that date he
will bogin directing tbe general operation of
the line. Several weeks ago Mr. Purdy, in
anticipation of the change, began casting his
eyes about lor a first-class traffic man, and
nogotia'.ions were begun with David Miller,
tho Queen and Crescent incumbent. Mr.
Miller submitted the terms uuder which he
would enier the Missouri Kansas and Texas
official family, and they were promptly ao-
cepted. The emoluments of the new position
aro considerably in excess of his present
salary.
The western and southern system has
selected in Mr. Miller an official who has
every detail of traffic affairs at his fingers'
ends. He has novor known auy other busi-
ness but railroading and his service has been
confined exclusively to the traffic department.
He began tho business in Chicago with the
Michigan Central in the humble capacity of
office boy. Prior te his coming to this oity
he was located at St. Louis, and his transfer
will bring him iu contact with his old asso-
ciates. Iu the Mound City he was traffio
manager of the Cotton Belt, having been pro-
moted to that position from tne general
freight agent's department, he being at its
head.
Iu December, 1890, he came to Cincinnati,
assuming the position he to-day occupies, ex-
cept that while his titlr is the same as it was
then, he serves in the dual capacity of traffic
mauagor and general freight agent, his juris-
diction having been extended over the latter
department on Mi. Ryan's retirement. Mr.
Miller left the city last night for Atlanta,
where he attends a meeting of the South-
western railway and steamship association.
Ou his return he will begin the preliminary
work of winding up his affairs with the Queen
and Cresoent, preparatory to his departure.
While th.ro has been no formal notice by
Receiver Felton as to who will succeed Miller,
the Enquirer is in possession of facts justi-
fying the announcement that Horace Smith,
a brother of President M. H. Smith of the
Louisville aud Nashvillo, will succeed him.
Mr. Smith is well knows in Cincinnati, but
is at present located at Louisville, where he
looks »l er the Interest of the Queen and Cres
cent company in the capacity of division
froight agent. The position of traffic man-
ager will be abolished with the retirement of
Mr. Miller, Mr. Smith's title being gensral
freight agent.
Tne latter's appointment will cause a novel
state of affairs, tin two Smiths, brothers, be-
ing on strong competing lines, M. H. aa
•resident of the Louisville and Nashville and
Joraee as general freight agent of the Queen
and Crescent.
Dallas and Fort Worth Electric Railway,
Mr. E. E. Perkins, who is largely inter-
ested in the project, said that the Dallas and
ort Worth rapid transit line had been sur-
veyed and located from Dallas to Arlington,
and that a corps of five men, headed by J,
M. Preston, were now in the field lojat. ng the
line from Arlington to Fort Worth. Mr. Per-
kins said all of the financial arran ge men ts
for the building of the road had been made
and the work of construction will begin about
July 1. The re will bo three powerhouses,
one at Dallas, one at Arlington and one at
Fort Worth. Tho run betwean' '.he two cities,
says Mr. Perlnua, will be mad e in consider,
ably less than two hours. A company ha9
been organized under the laws of New Jersey
to build the road, known at the Fort Woru
Southwestern TraElo Association.
St. Louis Ropublio, May 14.
The rate committee of the Southwestern
railway and steamship association, which has
been in session several days at the Southern
hotel, adjourned siue die yesterday evening
at & o'clock. While the committeo did not
get through all the business whioh they had
assigned themselves, they completed, as far
as possible, the principal work for whioh the
meeting was called, viz., the reorganization
• >f the association. The movement has boen
on foot some time and an agreement was
formulated which, after long discussion, was
acted on favorably by all the members of the
committee representing all the lines who are
members of the association. This was
done on Thursday, and on Friday the
agreement was placed in the hands
of the different lines' representatives
to be referred to the proper offioials for their
signatures. It was not the Intention of the
committee that the matter should be made
publio until the signatures of the officials of
all tbe interested lines had been obtained,
and they were loath to talk about it after they
had learned that it had become public. Their
reason was that it really was not an agree-
ment until properly signed and there might
yet be some slight modifications. The hope
was expressed that all the necessary signa-
tures would bo obtained within another
week, stating, however, that June 1 had been
set as the limit in which the signing might be
done. Until this is done a permanent presi-
dent cannot be elected, and June 6 was filed
as the date of the next meeting, at which it is
hoped the completion of the reorganization
may be reached. The agreement on which
this depends is as follows:
Whereas, it is considered essential for the es-
tablishment and maintenance of uniform, rea-
sonable and staple rates, rules and regulations
between the parties hereto and those for whom
the sorvice is performed that there should be co-
operation, the parties hereto do hereby covenant
and agree with aaeh other as follows;
1. To form an organization to be known as
"The Southwestern Traffio Association," with
headquarters at St Louis, Mo
2. It is a fundamental principle of this agree-
ment that no individual action, except as pro-
vided herein, shall bo taken by any party hereto,
directly or indirectly, whereby a departure from
auy of the rates, rules or regulations that may be
fixed by unanimous action of any meeting ot tne
association shall be accomplished. Any line may
exercise individual action upon any matter that
has been substituted and negatived, if in their
iudgment it is necessary to do so, upon giving ten
days' notice to the chairman and to all members,
setting forth distinctly in such notice the ohange
or changes proposed to be made.
IF YOU FEEL DRO (TOF,
~ dulfl, inexpressibly
tired or debilitated,
| have loss of appe-
tite, furred tongue,
froauent headaches
with or without
dixziness, chilly
sensations, and oc-
casional nausea —
then you are bil-
ious. Your liver
\Vi needs tho gently
w w\ stimulating and
powerfully invigor-
ating effects of Dr. Pierce's Pleasant Pellets.
Those little things will put you in complete
order.
They follow Nature's own way. They're
the smallest, the easiest to tako, and the best.
They absolutely and permanently cure Bil-
iousness, Constipation, Jaundice, Dizziness,
Sour Stomach, Flick or Bilious Headaches,
Indigestion, and consequent stupor or drow-
siness.
They're guaranteed to give satisfaction, in
every way and in every ense, or your money
is returned. Tou pay only for the good you
Set.
Nothing else urged by a tricky dealer, can
be " lust aa good " for you to buu.
3. The traffic subject to this association is all
interstate freight traliio. having origin or desti-
nation in in the state of Texas, exoupt soft coal ■
or colce.
4. The association shall bs governed by a
board eomposed of one representa: ive—not lower
in rsnk than an assistant general freight iigont—
of each of the parties hereto duly authorized to
act for his company or companies.
5. A chairman shall be elected, his salary and
term of othce fixed by unanimous vote, but he
may be removed by two-thirds vote,
6. Tho powers and duties of the chairman: Ho
shall preside at all meetings, s .all keep the
records of the association ind shall construe this
agreemeut and all resolutions. Ho or ins deputy
shall be given access to all recorJs of the parties
hereto that pertain to the traffic subject to this
agreement, and shall promulgate all changes in
rates, rules or regulations and fix the date when
the same shall be elfeotive.
7. Regular quaitorly meetings of the associa-
tion sha.1 be held, commenc ng on tho second
Tuesday of January, April, July mid Ootober of
each year, unless otherwise unanimously agreed.
Before the adjournment of eaon meeting tho next
place of meeting shall be determined upon by a
majority vote. Two-thirds of the members bhall
constitute a quorum.
8. The chairman shall furnish thi members ten
days in advance of regular meetings a list of the
subjects which have b.-en reported by the mem-
bers for consideration, or which it is deemed ad-
visable by the chairman to place thereon. Sub-
jects not listed may be considered, but affirma-
tive action thereon shall not be effective until
approved by absentee-, who shall be entitled to
fifteen days for consid 'ration, reckoned from the
date of tho chairman's notice.
9. All action relating to rates, rnles and regula-
tions must be unanimous. Other questions shall
be adjusted under parliamentary rule.
10. Divisions with lines not msmbeis of the as-
sociation shall be under the oontrol of the associ-
ation,
11. In order to protect members against out-
side competition the chairman is authorized to
change rates, rules or regulations, preserving
agreed d.tferentials, nnless agreement is reached
between interested lines to waive differential
conditions.
IU. The expenses of the association shall be
based on the gross earnings of the members on
the traffic sublect to this agreemout.
13. Differences arising under this agreement
shall be settled by the chairman, unless special
arbitration is desired by either party, in wiiicu
event the difference shall bo arbitrated in any
manner agreeable to ail parties interested; but
in the event of failuro to a/reo upon any other
method a board of three shall be selected, ono
by each party to the controversy, the chairman
to be the third. If either party should fail to
appoint an arbitrator within thirty days
alter notice of oithor party to tho chair-
man ot a desire to arbitrate tho question, tho
other arbitrator, together with tho chuirman,
shall have I.s power to docide the question at
issue. In all eases submitted to arbitration,
where two or more mombers are not interested in
the question at issue, tho arbitrators shall be
chosen from among such disinterested members,
who, with tlio chairman, shall m such cases act
without compensation. The board of arbitrators
shall be advised in writing by the chairman of
the question or questions submitted, and they, in
turn, shall file tiieir conclusions in writing
within tiftoen days from the dote of the final
hearing, which hearing and rules to govern the
same shall be arranged for with reasonablo
promptness by tbe board of arbitration through
the chairman. The decisions of a majority of tho
board of arbitration shall be binding upon all
aud shall be promulgated by tlie chairman within
fifteeu days thereafter, except as otherwise horeiu
provided.
14. Without unanimous consont no change in
differentials via tho gulf or Atlantic seaboard
traffic named in circular No. & of International
association, dated Aug. 2d, 1848. shall be made,
nor is any of tho provisions in resolutions Nos. I
and 9 of said circular by tho operation of this
agreement to beoonie effective beforo tho first
Monday in October, 1A93, nor thereafter uutil tho
expiration of at least ninety days from the date
of the decision designed to ofTect such a cliingo
by the board of arbitration, nor by any other
board or agency provided by this agreement;
provided, however that the differentials on sea-
board traffic via Atlantic ports, south of aud in-
cluding Newport News, shall not exceed 75 per
cent of the gulf differentials narnod in circular 5;
provided, further, thut tho provisions of Interna-
tional association circular No, L9, dated August
30,1888, in so far as they apply to rates from Chi-
cago, St. Louis aud Milwaukee territories, via
routes crossing the Mississippi river bouth of
Cairo, shall govern, and that nothing horeiu con-
tained shall have the effect of preventing the
Morgan and the Mallory steamship lines from
meeting outside water competition betwoen New
York and other Atlautio ports and Houston and
Galveston proper, as they deem best, promptly
submitting their action and justification thorefor
to the chairman.
15. This agreement shall take effect when
signed by the chief officer of each member and
shall continue until after sixty days' notice ou
the part of any member of a dosiro to withdraw
therefrom, iu event of the withdrawal of any
niembsr, others shall have tho rUht to withdraw
ou the same datu by giving notice at any time
prior to tho expiration of notice aforosaid, but
such withdrawal shall not relieve the withdraw-
ing member from participation in contract obli-
gations assumed by the association.
At yesterday's session of tho committee the
principal thiug up for consideration was the
report of the comimtiee appointed to reviae
rates to Houston and Golveston. Tho report
was discussed, but disposition of the same was
deferred until the next meoting of the rate
committee, certain information desired by
some members not being a', hand.
It was agreed to establish, effective June 1,
1893, a rate of 60 cents per 100 pounds ou
wire and nails and upon bar, band, plate and
roofing iron, St. Louis to Texas common
Soints, with usual differentials from points in
efinod territories; also rate of 72 cents per
100 pounds on stoves from St. Louis to Texas
eommon points, effective on same date.
Considerable discussion was had in regard
to the rates on grain and its products to Texas
points, and it was finally agreed to refer the
sauio to a special committer of directly in-
terested lines with instructions to convene
prior to the next mteeting of the rate com-
mit tee.
A number of other subjects were given at-
tention, but no action was taken to amend the
existing rates, rules or regulations as applies-
ble to Texas traffic.
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DURHAM. N. 6.
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The Galveston Daily News. (Galveston, Tex.), Vol. 52, No. 55, Ed. 1 Wednesday, May 17, 1893, newspaper, May 17, 1893; Galveston, Texas. (https://texashistory.unt.edu/ark:/67531/metapth467891/m1/6/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting Abilene Library Consortium.