The Galveston Daily News. (Galveston, Tex.), Vol. 46, No. 5, Ed. 1 Sunday, May 1, 1887 Page: 9 of 12
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THE GALVESTON DAILY NEWS. SUNDAY,MAY 1, 1887.
Men's Clothing.
A\plea$ing and surprising {time
can be spent by gentlemen who are
tasty in dress by looking at our
Elegant Assortment of fine Tailor-
Made Garments, in English,
French ando ScotcJi Cheviots,
Serges, Checks and light-colored
Suitings. Prices range from $10
to $25 a Suit. Fit guaranteed.
Tailors always on hand to im-
prove the fit of a garment when
necessary.
ELEGANT PANTS, $2 TO $8 A
PAIR.
To those who can not visit out
THE HIGHER COURTS.
Synopsis of Opinions by the Supreme Court
and Court of Appeals, Austin Term, 1887,
as Specially Reported for the News.
8uprbmk court.
A. H. Willie, Chief Justice; Associate
Justices, J. W.Bta? ton and U.K. Gainss;
Chablbh 8. Moksb. Clerk.
Jacob Juno vs. J. C. Neraz—appeal
from Comal county. Opinion by Willie,
C. J.
This is on a motion by appellees to dismiss
the appeal herein, because the appeal bond
is not in double the amount of costs in the
court below and this court. The boud,
■which was approved and filed by the dis-
trict cleric, is in the sum of $75; the costs in
the court below alonejamount to $40 15.
It is not required that an appeal bond
given to secure costs only shall be in double
the amount of costs actually accrued below
and which may accrue in the court appealed
to, but in double the probable amount of
etich costs to be fixed by the clerk. The
clerk being in a situation to be best in-
formed, his action in fixing the amount of
bond will not be revised, unless clear abuse
of his discretion is shown; and the mere
fact that the bill of costs found in the record
appears to be more than the sum fixed by
him is not of itself sufficient to show aOU3e
of this discretion. It might be that some
items had been paid by appellant and th9
credits not entered, they being still a
charge against appellee in case of his final
defeat in the cause. The clerk's statement
that he has fixed the probable amount oE
costs at one half the amount of the boud is
the best evidence of that fact; and if the
bond should not be iu double the amount so
stated it would be insufficient. But when
no such statement is made the presumption
is that in approving the bond the clerk has
fixed it at what he tbinks double the amount
of the probable costs. The court holds that
in this case the clerk fixed the probable
amount of costs at one half of $75; and the
motion to dismiss is, therefore, overruled.
E. atsd S. McElvky vs.Joseph Magoffim
—Appeal from El Paso county. Opinion
by Willie, C. J.
Mrs. S. McElvey, joined by her husband,
eeeks to assert homestead rights in this as
tion.
She left this state in 18S1 and resided
elsewhere until just before institution of
this suit. While so absent she successively
resided at several places; lost her first hus-
band by death, and remarried outside this
state and continued her residence there af-
terward. The facts all show a removal
from the state, with no fixed intention of
returning.
The uniform holding of this court has
been that a wife, by removingaudchaugiug
her domicile from this to another state, re-
linquishes whatever homestead rigbt she
might have retained had she continued an
inhabitant of this state, and that she is pre-
cluded from afterward asserting such
right. This being so, it becomes unimpor-
tant to consider the charges given to the
jury, since the evidence justifies no other
verdict than the one found. The judgment
is affirmed.
J. F. McAninch et al. vs. John D. Free-
man—Error from Bell county. Opinion by
Gaines, A. J.
Defendant in error sued to recovor a
tract of laud, claiming under a patent to
Joseph Washington one third of a league.
Plaintiffs in error claimed under a survey
and patent in the name of George Allen.
The Washington being the older patent the
question is as to whether it embraces the
land covered by the Allen survey.
At the time the Washington survey was
made there was a chain of surveys on Ia-
dian creek on the south and another chain
on Davis's creek on the north, between
which was a vacant strip more than 5900
varas wipe. The field notes of the Wash-
ington call for the Norvell survey on the
south and the Wells and White on the
north. Beginning at the southeast corner
of the Washington survey, and running
"north 19 east for the northeast corner"
the distance called for, and then running
the other lines by course and distance only,
the Allen survey is not included. But
the east line is called to run
"north 19° east 5S29 varas, to a mound on
the south line of the Jesse White survey."
A line so run, however, passes some 010
varas south of the southeast corner of the
White, and some 75 varas beyond a pro-
longation of the south line of that survey.
The next call is, "thence north 71 west 523
varas to White's southwest corner;" but
this corner is not reached, either by the
course or distance of that call—the distance
called for being about 1000 varas short.
The next call is. "thence 1280 varas to
Wells's southeast corner;" but the distance
from the southwest corner of the White to
the southeast corner of the Weils is only
!!C5 varas. The next call is, "north 7.1 west
toKewland's northeast corner," the dis-
tance to that corner being only about 02
varus. The next call is to run from New-
land's northeast corner south UP west 5201
varas to Newell's line;" but the distance is
actually 5507 varas. All the corners of the
White survey are marked upon the ground.
The southwest and northeast corners of the
Wells are also marked. Tha original sur-
veyor of the Washington testified that it
was an office survey; that the lines were
not actually run on the ground, b it that it
was his intention to embrace the laud lym.;
between the Indian and Davis creek sur
vejs alluded to.
a call for distance, where the evidence
shows that the surveyor actually stopped
at the distance called for, will prevail over
a call for an unmarked line or comer of a
survey in the prairie. But this rule has no
application to the facts of this case. The
southwest corner of the White is well de-
fined, called for as the northwest corner of
the survey; and there being no proof that
an actual survey was made and that tha
corner was not actually reached, but was
called lor by mistake, the distance must be
SHIRTS.
THE GOLD AND SILVER
SHIRTS STILL LEAD
Because they are the Cheapest and
the Best. We have an Endless
Variety of Styles and Sizes al-
u-ays on hand.
SHIRTS MADE TO ORDER
SIX for $9 00.
Mammoth Establishment in person
LEVY
THE
made to yield to the call for the corner,
and it must be taken as the northwest cor-
ner of the survey in question. It was not
an actual survey, but merely one plotted
and the field notes made !n the surveyor's
office. And the beginning corner being of no
greater dignity than any other corner,
there is no more reason for disregarding
the call for the White corner than there is
for departing from those at the other end
of the survey. The boundaries of the sur-
vey in question at its north end must there-
fore be determined by taking the courses
of the Newland, the Wells and the White
surveys as called for as its true courses,
and running the course of the lines as des-
ignated in the field notes without regard to
the distance. The northeast corner is to ba
established by a prolongation of the south
liBe of the White to an intersection with the
east line of the survey in controversy. Bo
established the lines of the Washington
survey include the land claimed by plaintiff
in error.
The charge of the court accorded with
the view here expressed, and tbe evidence
supports the verdict. That D. C. Freeman,
under whom defendant in error claim?,
surveyed the land since the date of the
patent by course and distance, begin-
ning on the Indian creek surveys, thereby
leaving out the lands claimed by plaintiffs
in error did not deprive him of title to the
land not included in that survey. The
charge asked, to the effect that the report
of the surveyor appointed by the court es-
tablished prima facie the true location of
the surveys in question, was properly re-
fused. It stooa upon no higher ground
than the testimony of a witness who knew
the facts.
The motion to strike out the statement of
facts because documents are therein
copied at length is not sustained. Ordi-
narily it might be proper to tax appellauts
with the costs of this surplusage iu the
record, but, under the disposition made of
the case, it is not material to consider the
question. The judgment is affirmed.
Fort Worth and Denver City Railway
vs J. Y. Hog sett—Appeal from Wise
county. Opinion by Willie, C. J.
Appellee sued to recover of appellant
company damages for negligently causing
the burning ot the grass upon a tract of
his land, thereby permanently injuring the
land, etc. In the court below he had judg-
ment for $1200.
An assignment of error, to the admission
of evidence must, in this court, rest upon
tbe same objection urged to it below. Evi-
dence as to market value is not objectiona-
ble merely because it is in a measure the
opinion of the witness. Instead of ruling
out the question before answered, the
proper practice is to have the answer ex-
changed, where the illegality i3 not shown
until cross-examination.
In cases of permanent injury to the soil,
the measure of damages is the difference
between the value of the land immediately
before and immediately after the injury.
In addition to the destruction of the grow-
ing grass, damages were claimed for par-
manent injury, caused by destruction of
the sod and roots of the grass. Hence the
question asked appellee with a view to
elicit that testimony was a proper one.
The assignment which complains of that
portion of the court's instructions which de-
tines the right of the company to run its
trains, but holds them to care and diligence
in preventing injury to property, from scat-
tering sparks, etc., is not taken. Taken iu
connection with the entire charge upon
this subject, it accords with the previous
rulings of this court.
If a railway company leave grass, weeds
or other combustibles on the track, this is
negligence; and it these be the means of
communicating fire to property, whereby
injury results, it is negligence in the par-
ticular case.
The subdivision of the charge objected
to, on the ground that it instructed this
jury to find for the plaintiff, if defendant,
in operating its engines and cars, hid set
fire to his grass, is not well taken. Recov-
ery is distinctly made contingent upon the
company's operating its engines "negli-
gently and carelessly," and also upon the
injury's being the result of thi3 negligence
and carelessness.
The judgment is affirmed.
J. W. R. Moore and wife vs. J. S. Whit-
comb—Appeal from Limestone couuty.
Opinion by Gaines, A. J.
Appellants claim the north half of the
Reuben Rutledge survey, and their title
was not questioned on the trial below. Ap-
pellee, however—acting upon the idea that
the land in controversy is not included iu
Rutledge two-thirds league and is vacaut
lard—tiled upon the land, had it surveyed
and returned the field notes to
the general land office. A patent
was declined to him, tor the reason
that the survey seemed to be embraced iu
the Rutledge grant. The Rutledge is in a
square, the lines varying thirty degrees
from the cardinal points of the compass.
Appellee contends that its true north
boundary is parallel and some 722 varas
south, thirty degrees east of the north line
claimed by appellants. Appellants insist
that certain lines of their survey being
marked lines, these should have a control-
lirg effect in establishingthe boundaries of
tbe survey. But it was not shown that
these were the line3 originally run by the
surveyor.
1 [There was no question made upon the
law as applicable to a given state of facts;
the question throughout was one of fact.
The fact statement is exceptionally lone:
and intricate, to the extent that a recapitu-
lation of the testimony could not givo this
case prominence as a fact case, for the
plain reason that it is hardly possible to
conceive of a subsequent case resting upon
precieely the same facts.—Reporter.]
The court below, trying tbe cause alone,
found that the tract iu controversy was not
included in the Rutledge survey, and the
findirg is questioned upon the sufficiency of
the evidence alone. Upon a review of the
evidence sent up, this court finds no error
in the holding1, and the judgment is aocord-
ingly affirmed.
Umbrellas.
TWILL SILK PARAGON
FRAMES. FOR $2 50.
Gold and Silver-headed Umbrel-
las, suitable for ladies or gentle-
men. We have now the most at-
tractive slock to be found in this
line at $o 50 and upwards.
NECKWEAR,
Of which we have an immense as-
sortment, at 25c to $1 00.
we kindly ask to for ward their orders
AN
CLOTHI
THE TALE OF A CLOCK.
How Mr. George W. Childs Outbid A. T. Stew-
art for a Timepiece.
The handsome Mexican onyx clock which
stands in the reception room of the city
residence of Mr. George W. Childs, at the
southeast corner of Twenty-second und
Walnut streets, has been much admired by
the thousands of visitors to that hospitable
mansion, few of whom, probably, know the
history of the expensive time-keeper, which
is recalled by the death of Le Grand Lock-
wood in New York. During the Paris
exposition of 1807, Mr. Lockwood, who
was a visitor, became especially enamored
of this strikingly beautiful clock, whose
base, four feet in height, supported a su-
perb silver statuette of liberiy swinging
from one hand a pendulum. Mr. Lock-
wood, who was then very wealthy, deter-
mined to own this clock, and in the auction
of exhibited articles boughWit, though the
czar of all the Russias, to whom time was
then of moment, was a competitor in the
bidding. Safely transported to Norwalk,
Conn., Mr. Lockwood's home, the costly
timfpiece was much admired by tha
visitors to Mr. Lockwood's house, and by
none more than by Mr. and Mrs. George W.
Childs. Several years la'er Mr. Lockwood's
house and its many articles of vertu wero
(iffered for sale, and at the suggestion of
bis good wife Mr. Childs determined to buy
this clock. Arrived at the sat.e, and ttia
dock put up, Mr. Childs's first bid was
$3000. A stranger sitting immediately be-
hind him raised that $500. Mr. Childs saw
the raise and raised back $500, when the
astounded stranger reaching forward ro-
marted:
"Sir, I come from A. T. Stewart with or-
ders to get that clock, and 1 must have it."
"I don't care if you come from Gol-
condo," was the reply of the Philadelphian,
and he kept raising the bid of his oppo-
nent, much to the auctioneer's satisfaction,
until he had offered $0500, at wliich figure
Stewart's man weakened. Mr. Childs re-
moved the time-keeper to hi=i city residence,
where it now ticks and tells that time is
iiying. [Philadelphia Record.
Eights o! Buckeye Wives.
Hereafter, in the state of Ohio, a married
woman's rights will be co-equal and co-ex-
tensive with her husband's.
If she possesses personal property it is
her own, and it will pass to her husband
only by hor consent.
If she owns separate real estate she can
sell and convey it without consulting her
husband.
If she wants to mortgage or lease her
farm or house and lot she is at perfect lib-
erty to do so.
She can buy and sell, sue and be sued in
her own name without any intervention of
her husband or "next friend."
If she is in debt whea she marries, her
husband is not bound to pay the indebt-
edness unless he chooses. The creditors
must collect from the real debtor.
If she calls her next door ueighbor au an-
tiquated parallelogram, and no better than
the hypothenuse of a right-angled triangle,
her unfortunate husband is not bound to go
into court and be mulct in $10,000, more or
less, for slander.
The law regarding man and wife has been
completely revolutionized by a mere act of
simplification. In other words, the rights
of man and wife are made exactly identical.
Whatever right the man possesses under
the marriage relation the same right is pos-
sessed by the wife without modification or
abridgement.
Whatever a man may do, a wife may do
also.
According to the law of Ohio to day, hus-
band and wife are not one person, but two
separate and distinct individuals so far as
their independent right to acquire and dis-
pose of personal, real and mixed property
is concerned.
Some of the most complicated and vexa-
tious litigation which has ever lumbered
up the dockets of the Ohio courts, enriched
lawyers and impoverished widows and or-
phans, will be prevented and hereafter ren-
dered impossible by this law. [Cincinnati
Enquirer.
The Shoo Buttoner as a Burglar's Tool.
It is a singular fact that nineout of ten of
the "bums" and tramps brought into the
station-house have on their person a shoe
buttoner. No matter what kind of shoes
they wear, still they have one of these sim-
ple instruments. Lieutenant Hambrock de-
cided a week ago to make a collection of the
shoe buttoners taken from the pris-
oners brought into Bremen Street
staticn. In the seven days they num-
bered eighteen, and like young ladies
do with their strings of buttons, ha at-
tached them together. He has now a chain
some three feet in length. A paculiar
thing is that the hook end is bent into a va-
riety of shapes. This penchant for having
buttoners attracted the attention of the de-
tectives lone ago, and it was quite a while
before they tumbled, as the slang phrasa
goes. It happened to strike some bright-
minded By that the little instrument, usual-
ly very flexible, could ba made to
do the work of a skeletal} key, as
far as the locks iu cocdtnou use
are 'concerned. In reality the) shoe-bu;-
toner, to all iutents aud purpose!, was con-
verted into a burglar's tool, and still could
be readily passed off as a necessary imple-
ment in arranging one's toilet. The pos-
session of a skeleton key is a serious of-
fense, and carries with conviction a penal
term. Tbe law, however, can regard tha
shoe-buttoner as a contraband article, aud
still the evil intending are as well fortiSed
with it as with the burglar's favorite tool,
since, when properly shaped, it does
the work equally as well. The expart can
pick a lock with one of these little
Underwear.
It has never been our fortune to
offer such Grand Inducements in
Summer Underwear.
Balbriggan Shirts, - - 50c
Fine Jean Drawers, - 50c
French Balbriggan Underwear,
guaranteed imported, $1 50 to $4
a Suit. Nainsook, Lisle and Silk
Undencear in endless variety. See
our
'' ANTI-R1IE UMA TIC UND ER-
WEAR."
to us, which will have prompt and
CO
ERS AND
iron hooks with as much facility as if he
had a skeleton key, and yet if caught with
it in his possession enjoys impunity from
the statute covering the offense. Usually,
when one of these instruments is found on
a prisoner's person it is thrown away, or
perhaps given back if the owner is released.
3NTo doubt in the course of a year several
hundred are taken up by the police. The
amount of theft that could be traced to them
would very probably prave startling:. [Cin-
cinnati Enquirer.
THE MODEST LITTLE FLOWER
[ Dedicated to Miss Louie Barnes of Galveston.]
Last eve, I wardered down a path
Where yellow sands wero drifted,
And there 1 saw a single bloom,
Which, 'mid the twilight falling gloom
Its snow-white petals lifted.
Alone in that long stretch of sand,
A modest thing of beauty,
It llourlsheth where naught else arrow*,
And on the air its sweetness throws,
As if it were its duty.
Somehow it brlnps to mind a friend,
My dear adopted sister,
Who went from me the other day,
The cill of duty to obey,
Dear Louie, how I missed her!
Her life for self Is never spent,
It brightens those about her;
And when her wiling hands and feet
11 i» ve made one's comfort mote complete,
"lis hard to do without her.
Her hair is brown, and brown her eyes;
A ijue smile always lingers
About her mouth, which never frames
Unpleasant words or unkind namos,
There's magic in her lingers.
And more—her soul is pure and white,
As is the modest flower,
Which all alone in beauty stands,
And brightens up the barren sands,
Afar from bush or bower.
Not the camelia's dazzling blooai,
Or roses' queenly bearing
Is hers, and yet tls safe to pay
My modest flow'r will prove alway
The sweetest ore lor wearing:.
I Bella Fkkncii Swisiiek.
Austin, April 28.
IN MATING-TIME.
Coo, sweetly coo, O mating doves,
In the wildwood yonder;
But sweeter spoke a voice—my love's—
The tall pines under.
And nestle close, O mating doves,
(ilance your fondest, slyest,
But closer throboed a heart—my love's—
Her glance the shyest.
Bill tenderly, O mating doves,
Ready both and willing,
More tender was a kiss—my love's—
More true, more thrilling.
Dieam fair your dream, O mating doves,
For ( ne's summer splendor,
More fair our dream—mine and my love's-
Lastlng and tender.
Coo tenderly, O mating doves,
Dream your dream is sweetest,
But 1,1 know mine and my love s,
Js the completest.
John l'. Sjolanoer.
Ilarrlsburg, Tex., April 27, 1887.
A PROBLEM.
My desires are humble, my wants are but few,
Some scarce know their wants, I'm sure that I
do;
I want a large field and a cot standing: by—
A lield that's Inclosed with a fence eight rails
high.
The size of my field, T wish to be found.
To have, for each rail, ju«t an acre of ground;
Of corn, thirty bushels to the acre I would
make,
And to hold so much corn a large crib it would
fake.
Suppose that my humble wish was fulfilled,
Tell how many acres of ground would bo
tilled,
IIow much corn would bo made on the land,
And th" length, bieadth and height of the crib
1 demand. William Bingi.e,
A student of Sour Lake institut).
THE ECONOMICAL GIRL.
She's a dashing little student
Of economy, and prudent.
In a most painstaking fashion,
I would really have yon know;
And she looked, with eyes up glancing,
Most bewitchinKly entrancing,
And my thoughts Hew back to eourtshlp,
Many happy years auro;
Soon her gaze grew fond and fonder,
And I then began to ponder
Some sweet words I'd whisper to her
Of a liberty I'd tafce;
But she smiled a smile platonlc
As she said in words laconic:
44 What a splendid lot of carpet rags
lour overcoat wou'd make!"
[San Francisco Post.
AN EMBLEM.
Along the western sky at eve,
Where sinks the sun to rest,
I saw the clouds of gorgeous hue
Float upwards from the west.
But when the sun had sunk and night
Fell silent from on high,
Lo! in the west the cloud \vavc3 bright
llad vanished from the sky.
Emblems are these of humai hops,
That rise with morning's gray;
But when the gloom o davkuess comes
They vanish from sight away!
gkoiniifi aucitstus Evans.
Sulphur Springs, Tex., April 27.
M. Ligner, an Austrian meteorologist,
claims to have ascertained after careful in-
vestigation that the moon has an influence
on a magnetized needle varviug with its
phases arid its declination. The pheuo-ne-
non is said to be more prominently notice-
able when the moon is near the earth, and
to be very marked when she is passing
from Ibe full to her first and second quar-
ters. The disturbances are found to Oa at
their maximum when the moon is in the
plane oI the equator, and greater during
the southern than it is during the northern
declination. _
Central Hotel, of Ban Antonio. Only
first-class hotel at $1 to 50 per day.
HATS.
In this Department we have
some Wonderful Bargains. The
best and finest Straw Hats can be
bought from us for 50c lo $3 00.
" KNOX,"
Ni w Summer Styles, just received.
ELEGANT DERI! YS
In all the New Shades.
$2 50 to $-1 00.
careful attention. Gv.r prices we know
HEN
HATTERS.
1
JOHN L. SULLIVAN'S BUMPS.
A Fhrenologist Says He is Not Aggressive,
Only Fond of Animal Enjoyment.
Cincinnati. Ohio, April jl—Professor
Edgar C. Beall, h well iiuonrn phrenologist
of this city, examined John L. Sullivan's
head laft night. The champion submitted
to the ordeal gracefully. "His tempera*
rnent," pays tha professor, "i3 tho motive
vital which givps great strength of body,
combined with ardent feelings and fond-
ness for all animal enjoyments. It is tho
constitution for outdoor enjoyment, every-
thiEg, in fact, but study. The head measures
twenty-two and a half inches, which is half
«n inch above the full size, but the quality
of the organization is not favorable 10 tho
activity of the intellect. Sullivan is not
aggressive by nature, aud he is a fighter
more fioni the fact of his muscle and skill
than from a love ot contention. Ha is very
far from being as cruel and severe as most
people would suppose. Mr. Bnllivau has
also very small esteem and dignity—that
kind ot pride which is so marked in the
English character, and he is also loss vain
than many who have less reason to indulge
the love ot praise. lie can hold with a
death grip to a purpose when liis mind is
made up, but he is impotent as to
methods, and has very little continuity
of thought. Few men will ba more gener-
ous in a ceitain way. Intellectually Mr.
Sullivan is quick to observe and estimate
the qualities of material things, but his up-
per forehead slopes off at fhe sides, shov-
ing little capacity for philosophy or ab-
stract thought. He has a keen sense of hu-
man nature. His power in this respect, to
gether with his perception of motion and
distance, the faculties of weight and size,
explain the secret ot his pugilistic dexterity
and skill. Socially this man will always
stand in his own light, for he has neither
cunning, suavity, nor sufficient tluaucy of
language to display himself to the best ad-
vantage, and if there are better man than
he there are also many who are worse."
Fun at tho Dinner-Tablo.
Frequently dining table eccantriciies are
turned into practical jokes. At a little din-
ner given recently the guests were iu a
continual roar of laughter. The chocolate
cream candies were stuffed with cotton, the
lemon drops were made of gum guaiacum,
and the candied almonds were tilled with
Tobasco sauce.- Vegetables in covered
dishes were placed on the table with each
course, and the guests were asked to assist
in serving thein. Iu removing the cavers a
live eel, an enormous bullfrog and a huge
lizard l'rom lako Ontario wero disclosed.
All were extremely lively. The eel slipped
witnin the low cut waistcaat of the
sheriff, the bullfrog landed on Fnh Com-
missioner Murphy's shoulder,and the lizard
shot into the bosom of Senator Uib js. Au
old shoe, mildewed and rotten, was place 1
before a well known shoemaker. Ha gra.v
red in the face, aud was about ta treat the
joke as a mortal insult, when a frieud
turned the old shoo over, opened a slide iu
the sole and disclosed a dozen oig us of tha
finest flavor. The shoe was a candied dum-
my made to order. Tho little party bacatna
so boisterous in its merriment that a police
i fficer of Irish descent appeared. On see-
ing the condition of the table, tha roaua aud
its occupants, he apologized for hi--, intru-
sion, saying: "Shin fane! shin fane! I
thought yees were havin' a bit of a rrution,
but it's nothin' but a shiudv!" [Corre-
spondence Kansas City Journal.
Armyo! Miners.
An abstract of the annual reports of mine
inspectors for 1880shows that in tha United
Kingdom 601,002 persons were employed iu
and about mines. More than 5000 of these
were women employed above ground. Be-
neath, then, the agitations which shake the
kingdom is this large under population toil-
ing amid perils seen and unseen. Th9 casu-
alties dealt with by the expert statisticians
present a painful picture. Take the caal
mines with about !)00,000 workers. Tiiare was
one fatal accident for every 0U employ es aud
one death for every 545 persons employed;
210,065 tons of mineral were wrought for
each fatal uccident, and 178,30! tons for
every death, as compared with 214,051 and
150,029 tons respectively in the precadiug
year. On the whole tho statement of acci-
dents and deaths compare favorably with
the record in the past ten years. E ich
year presumably sees soma advance in the
use of precautions, and rather more
thoughtfulness, it is to ba hoped, on tha
part of mine owners aud managers. B.it
at best the story is a pitiable one, iu spite
of the mine regulation act framed to make
tbe life of these working people m >re toler-
able than it used to ba. | Boston Advertiser.
BiBmarck's Lave for Truth.
The American boy who has learned that
George Washington could not tell a lia
must not forget his German brother, who
also gl orifies a truthful ancestor. Bismvck
when only a lad proved his love for truth
and courage by promptly owu.iug up ta Ins
father thai it was he who broke tha statue
ot Hercules in a park at Kuiauh ii', wm a
stone thrown by him at a bird. [ York
Tribune.
The First at Last.
In 1803 William Cooper of Yell cauaty.
Ark., enlisted iu the southern army. Iu
1803 he was captured aud sent to Illinois.
He escaped and went back to Yell couuty,
but could not find his wife. Than ha ba-
came a tramp until a short tima ago. when
he found his wife at Shiloh, Ark. She had
married and buried two husbands and sep-
arated from a third, and was mighty glad
to see W illiaxu. [Omaha Breeze.
Boys' Clothing.
OUTSHINES THEM ALL
Our
SOYS' AND CHILDREN'S STYLISH ;~
CLOTHING.
II is hardly the thing to say, b.iy fro.n
us; but :vi! say to you see tho cheapest,
the largest, the finest slock of Boys'
Clothing before you purchase. Our
i nits range from
S1 50 to $10 00.
To Arrive this Week:
2000 PAIRS BOYS' KNEE PANTS
At from 25 cents to $2 00.
Parents will do nucll to watch for our
Great Knee-Pants Sale, which will be
inaugurated in a day or so.
will meet with your approval.
OPPOSED TO PltOKiaiTION.
A tetter from Hon. A. W, Terrell—
Ho Can Take Aotlvo Part
at Dallas.
ai m in, Tex , April 2s —lion. tUrnutt (ji'o'h,
DalUiy, Tex My Doiu* Sir: I iv.cnv. t> itti'jrui
yen tli-it my business onafa^oin Mits will n-ic
pennit me tonieetat Dallas In Mav noxt witli
these \\ ho opposo what Is ter m i prohibition.
Even wero it otherwise I can n >( :> llova th it
my presence tliero would be elthnr n«?eo?^nry
or useful. Umviliinar, however, to fva In th.ic
measure of responsibility which attaches tv>
evmy private citizen of Texas. I n nv comply
with'your request to give ltiy opinio i regard-
ing tho proposed change of tho .state eoiHti-
stutlon. Tbe clause now i\junii iu the scato
constitution, which permits tho pnoplo of a
county, city or ton a who tloalm co stop the
sale of liquor in their mWst, tj voto
it awny from them was a compromise of eon-
liictlng views regarding this liquor qaostlon
among those who made that constitution.
Time and observation have convinced mo
that it was n wise compromise, and though I
have never been able to defend It on principlo
I have acquiesced in it for tho nono&tof com-
munities who doalr-cd and wero a'ready p o-
pared to tnforce local option among thorn-
selves. But when it is proposed to change ail
tills by substituting prohibition ior local op-
tion, find p'Muiitting prohibition majorities ia
ore portion of the slate to dictate t > anti-
prohibition majorities In other sections of th j
state, 1 can see nothing In tho future but dis-
respect ai d successful dcilance of l.iw.
I.ecrtl option is beyond the <1 mi ii:i of pirty
politics now hucauso it was born of a compro-
mise, and Is sanctioned by our hta-.e oiHtlca-
tion, vbkh every true democrat m ist respect.
IJmho the lust democratic st»te convention
could tout did very property declarc.. "We do
not believe that tho views ot any citizen unon
tho question of local option shoa d Interfere
Tilth his.standing In the democratic party."
This 1m a'l that was ever declared by that con-
vention. But no democratic convention in
Texas has ever said that absolute state prohi-
bition should not be made a party Issue. I can
not now and have never subscribed
to the doctMne that state prohibition should
be treated as a moral question only, for to 1110
ItJs far reaching as a precedent and of foartul
political significance. If indeed it should bo
regarded and voted on by the people as a
moral question only, then ministers of the gos-
pel and the holy scriptures should be alone
consulted. Political conventions can not
make principles for me; then should they
attempt it? Their true provincols to announce
doctrines already held in corn mm by those
who compose them. Such a body can con-
yeitloni/.e a man out of htj prefer-
once as between rival candidates of tho
same political faith, but never out of his prin-
ciples. Conventions are necessary evils at
best, but whenever they undertake to resolve
men by platforms out of their convictions on
gieat public duestions, they beeoine potent
engines for evil In the hands of designing
leaders, and if blindly submlttel to would re-
sult in proSituting the representative govern-
ment and turning it over to convention rings.
Tho citizen who changes his view s of the
powers and duties of his states as
often as his party platform is
changed is unlit for membership in any
party, tor ho has no convictions of his own,
and lie becomes a dangerous factor In repre-
sentative. government. The zoaftuts friends
of total abstineice havochosen to break loose
trom the compromise in tho constitution,
which permitted local option aud which with-
drew tho liquor question from tho domain of
party politics and to precipitate the Issue of
state prohibition upon the peopb . Tnev will
now beck in vain to evade tho political signifi-
cance of the issue thus presented.
It is not my purpose to discuss in this letter
at length < it her tho policy or morality of
changing the constitution so as to prohibit
every man in Texas from making a bottle of
wine even for himself. I simply say that I'm
opposed to such change. i care not what
northern or western states or courts have
voted or decided on such a question. The
idea that all the people of Texas shall abstain
ftjom pressing the juice of the irt apo which tho
Creator has given us aud which Adieu once
pres.ed his laws will manufacture into
wine without our help, and this bocauseone
man In a hundred will abuse his bounty and
get drunk is not consistent with uiy views of
democratic government, or of a rational re-
form. Since 187t», ' when .our constitution
went Into effect, 1 havo steadfastly refused
all invitations to address tho people outside
of my own et unty about local option elec-
tions, fo? I believed and still believe, th it the
constitutional compromise of till v.>.t»-dques-
tion should he lived upto iugood faith. Indeed,
1 never made hut one speech on prohibition
even, ana that was years ago in the state
Senate against just such a change of the con-
stitution as is now submitted.
If tho contest for prohibition shill bo waged
by ministers of religion reinforced by north-
ern missionaries, lecturing women and those
who seek for themselves compulsory reforma-
tion by the htate, then, so far as I am concern-
ed, this cnu ade against what l bell->ve to be :i
reserved right of trail may spend its force.
Jtutif any citizen of Texas, and who Is not a
minister of the gospel, comes to my town to
persuade people that prohibition in the way
now attempted is either democratic or con-
sistent with rational views of free uovornincnt,
and no one else will answer hint. I will uoC
surrender uiv right to do so. linjpectfully,
V. W. TEitiCtSLL.
A Careless Bank Cashier.
Wife (after breakfast)-—You should use
your tooth-brush, dear, before going down
town, lean detect traces of the su*drod
we had at breakl'aet.
. Hasbasd (a bank • cashier)—Is tfnt so?
Where is tbe brushy With shad at 85 cants
directors tv>
iu.
V? li V. 4 V» IO IUU Ul UCU. "
apiece, it wouldn't do for the din
discover anjlhiBg. (Nmv York iSa
Whim digging a ditch through a bo??/
piece o£ ground near Tiro, O., recortly, J.
I). Jlitcbntr found close to tho surface sev-
eral very large bones, evidently taa skele-
ton of some huge boast, 'l'iiev' wore daj
cayed so tluvt they were more shells, exospt
some teeth, which were well preserved.
One of these was about seven iachei Ion;,
four inches wide and twenty inoiias in ci •-
cumference, and weighed about two pound*
and ten ounces.
Of more consequence:
say, "
mori
And,
DOCtOl 1 IU . .'.V. 1U1.1 ; DU.fiWWU, UA-U.
De Peytter—"Well, see whit you ca.n do
for the dog, anyway." [Judge.
A fair exchange being no roVwry, h
would it do to send Englishmen over to
Ireland for trial? [Judge.
Peystor—"I
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The Galveston Daily News. (Galveston, Tex.), Vol. 46, No. 5, Ed. 1 Sunday, May 1, 1887, newspaper, May 1, 1887; Galveston, Texas. (https://texashistory.unt.edu/ark:/67531/metapth468716/m1/9/?q=%22%22~1: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting Abilene Library Consortium.