Brenham Daily Banner-Press (Brenham, Tex.), Vol. 30, No. 305, Ed. 1 Tuesday, March 24, 1914 Page: 1 of 8
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spi
■■■f
,rch 24.—Dls-
g liquors by
clubs to mem-
Is not unlaw-
the decision of
sell or other-
liquor on
Jnttge Wilcox fur-
th* Sunday closing
y to do with bona
Judge Charles A. Wilcox of Tweu
ty-sl*th District Court. However,
wise
election
ther' ruled
law h«r no'l
ftyeelnbs.
In the substance the foregoing Is
the result 'tif, the test case filed by
the Attor ney-Gentoal'e Department
against the Attain Country Club.by
which tbe right Of social clobs to
dispense liquor to »Jts members and
their guests under recent legislation
was to be tasted, ftae statement of
fsctslfrthecase was taken In Judge
Wilcox's Court Wednesday, March
18, and since that time the Judge
has had tM W^fer under advise-
ment,
By xeason of " the general slgnifi-
canee attached to the case by mem-
bers of beqaflde clubs m all parts
tide prohibits the keeping open of
the place, of business of said named
classes of persons on Sunday.
"I therefore, concluded that the
dispensing of liquors by defendant
on Sunday in the manner set out in
the statement of facts does not con-
stitute a violation of any
this State."
law of
OTTO T. BANNARD.
New Yorker Heeds
to Help Unemployed.
of tl}j>'
shown in the
first OJ tt*
erest has been
The case is the
taken into the
local bona
with the
court*
«lubrala?j^ t<
more especially since th'e cbyrt gives
them a sweeping victory, so far as
Its jurladic'
X- J $|§
In his o
special
-plied to
.ftjj, concerned
In the Case.
1,, Judge Wilcox calls
[<m to the law* as ap^f
iub in question as pre.-
sen tedlh the atatejment offsets, that
Of intoxicating liquor
Incident and not a
> la the maintenance
^fcere such intoxi-
dispensed in the
f the CM®, does
not constitute a diversion or misuse
of Its corporate rights and franchis-
es to such extent ae would authorise
is more
The last will and testament fljf H.
K. Harrison, deceased, was filed for
probate Tuesday. The will is Srerjr
brief and extremely simple. ■
It briefly calls attention to the
uncertainties of this life, recites that
the testator is mindful of the jjame
and then goes on to leave All the
property of any kind whatsoever to
the chllden of deceased. The entire
estate is valued at about $21,000
and the three surviving sons, \ Ro-
bert A., Jamee S., and J. K.
son, are made executors.
For brevity the will is ah ideal
illustration of how much can 1>ef said
in so few words. |
■ 1'i , i'w ii
late Chas. Maegge
Dismissed Tuesday
The alleged contempt case of
Charles Muegge was called in Dis-
trict Cpurt this morn|itg. *
Searty & Botu filed the motion
reciting that the defendant in the
case be cited to appear and show
why he should not be held for con-
tempt.
The defendant was represented by
Mathis t Teague who filed a gen-
eral demurrer which set up princi-
pally that the papers in the case had
not been properly prepared and that
the law governing such cases had
not been compiled with. The case
was heard before Judge Sinks and
was dismissed.
Eagle Pass. Texas, March 24,-—
Mexican Federal soldiers who at-
tempted to pursue with rifle bullets
a^efeated Constitutionalist force
escaping to the United States and
safety, , met sharp resistance yester-
day from United States cavalry on
border patrol above Del Rio, Texas.
When three horses held by the
American troopers had been shot
WILLIAM CHURCH 0SB6RN
' 1 ' 11 1 11
Now Chairman of New York
•tote Domoqnrtto Committee.
eating ui
manner 1
the a suit to on- .'SHLSS* of employment. He is in-
^ vestlgating the matter of the unem-
■{■■■■iii ' "
Photo by American Prees AuoelattoD.
Albany, 19. Y., March 24.—Otto
T. Bannard, the prominent New York
politician and philanthropist, in ad-
dition to his many other business
affairs, has decided to devote quite a
lot of his time to helping people who
join such use of its funds or sqch
dispensing of intoxicating liquors.
With regard to the sale or gift'W
intoxicating liquor on election days,
the court holds that such would con-
stitute a violation of article 245 of
the Revised Penal Code of the State.
*'h\ as much as same article makes
■such sate on election day a penal of-
fense, and as the State has a legal
remedy under said penal statute,"
says the court, "I am doubtful wheth-
er or not an Injunction would fioj*
erly He in restraining the; defendant
from dispensing liquors upon elec-
tion days." .!» ' \
Election Day Injunction. ,
At nny rate, the court grants the
Injunction restraining the Austin
<3ountry ClUb from selling or giving
lntoxloatlng liquors to any person
upon election days, as prayed for by
the plaintiff.
Because "pool and billiard tables
are-not maintained by the defendant
for purposes of profit or gain," the
court concludes that the defendant
Is not liable to the occupation tax
Imposed by statute on such places of
business. *
. Judge Wilcox states that; in his
opinion, after reviewing the case, the
questions of law raised, with the ex-
ception eff the issue as to the dis-
pensing of ti&toxtcatlng liquors by
such clubs on election days, have
been settled and adjudicated as fol-
lows: ,
"That the dispensing of Intoxicat-
ing liquors by a bona fide incorporat-
ed club to Its members and their in-
cited guests, where the 1 same is
merely an incident and not a prin-
cipal purpose of the maintenance of
such chib, and where such Intoxicat-
ing liquors are dispensed In the man-
ner set out in the statement of facts
In this case, does not constitute
diversion or misuse of its corporate
rilthts and franchises to such an ex-
tent as would * authorize the State
to maintain a suit to enjoin sueh use'
of its funds or such disponing of
intoxicating liquors.
Can Sell on Sunday.
"That the defendant is not a re-
tail liquor dealer within the meaning
of article #23 of the Revised Penal
Code, ^hlch prohibits any wAail li-
quor dealer from seling or giving
, away intoxicating liquors on Sunday.
Nor is the defendant a merchant
grocer oft deftler In wares or merr
, chandise or a trader In any business
fwliihtf the meaning# article 202
«f the* Revised Penal CMe, which ar-
ployed and seeing what can be done
in tha, way of placing, them where
they, can get work. His efforts are
attracting attention all over the
United States, and what he is doing
will be watched with great interest.
Visitors Entertained '
v ByGermania Club
i > On Monday Evening
Brenham Fire Department Held Meeting
And Appointed Tke Maiifest Committees
' ' rtant Meeting Called Friday Night
III ij
'•Jfce Brenham Fire Department
held a very interesting meeting Mon-
day atght. The attendance was not
very large owing.to the fact that a
number of other functions were In
progress tyn various parts of the city.
It was decided last evening to fix
the date of holding the Maifest and
two days in May were tentatively
agreed upon, but today it was decid-
ed by various leading business men
is well as members of the Fire De-
partment that the dates suggested
are too early and so for the purpose
of naming the permanent dateB a
Special meeting of the Department is
called for Friday .night.. Chief
Woods states that ev^efy business
person in Brenham is given 'an ur-
gent request to attend this meeting
in order to offer suggestions and
help in fixing a date that will be sat-
isfactory to the people and public
generally.
• ^ i V. .
Committee Appointments.
The following committees (Were
appointed at the meeting Monday
nlgt>t;_ M«Wdc and Ball, Jfenry
Mueller, I. 0. Pier, Dan HiUsmao',
and V. ,0. Baumgart.
Transportation—-Mayor Alex Grif-
fin, Frank Eberle.
Tickets—Albert GlSsecke, L. M.
Beaumier, J. F. Smltheal.
Bale of Stands—T. F. Matchett,
Dan Hoffmann.
Water and Lights—James A. Wll-
kins, H. E. Booker, Will Muery and
Charles 8chmld.
Children's Oames—Prof. Nbtiey,
F. W. Wood, Jr., Miss Musa Irby,
Miss Mary Marks.
Advertising Program—H e n r y
Mueller, George Neu, Dan Hoffmann-
Baseball—Will Morrlss, Charles
DeWare.
Stock Show and Poultry—E. P.
Anderson, Dr. Jerry Marek, Dan
Becker, Dr. Billy Burnes.
Street DiBeoration—R. O. Glesecke,
Ernest Hermann, E. P. Davis, Carljjj
Pflaughaupt, Jr., Theo. Guyton.
Amusements—Will Morrlss, Prof.
Notley, Prof. Kopp.
Pavilllon Decoration—R. O. Gles-
ecke, D. C. Baker, B. L. Hearn,
Schmld, Theo. Guyton, Joe Janica,
W. H. Holier, F. W. Wood, Jr.
At the meeting Monday night Otto
Baumgart presided. The Baseball
Committee reported that they were
unable to come at any agreement
with the college teams as to dates
and so the same was passed. The
plan 1b now to have several games
with the home team and the team
at Glddings, Caldwell or some other
town that will be In the league
which is to be organized within the
next few days.
Chief Woods reported that Mr.
Heber Stone had offered the Depart-
ment his teams free for use during
the Maifest festivities;
It Was decided to prohtbit any
kind of gaming of a gambling
ture during the Maifest.
Photo by American Press AmocIoUoo.
-New York, Ma#ch 24.—William
Church Osborn Is the-new Chairman
of the Democratic State ElecutlV*
Committee of the State of New
York. He Is an organizer of the
highest character and it is probably
on this account that he was chosen
for the important position.
Just at this time polttios In the
State of New York are somewhat
out of joint owing to the impeach-
ment of William Sulser and his elec-
tion to a seat in the State Assembly
or Legislature.
ma
rrmi
. The entertainment and rehearsa!
at the Germania Ciub Monday eve-
ning in honor of Prof, Can Venth,
and Hon. August Haxthausen,
one of the most enjoyable affairs
that has taken place at. the club In
a long time.
The Vorwaerts' rehearsal sustain-
ed its excellent reputation in all the
numbers that were rendered, and
many encores were received.
Immdlately following the rehear-
sal a barbecue was on the program
and to say that It was heartily en-
joyed is putting it mildly. Prof.
Venth, and Mr. Haxthausen, the
guests of honor, stated that they
were delighted at the splendid re-
ception which had been tendered
them and that as long as they lived
they Would remember the goojl peo-
ple of Brenham in general and the
Germaniaf and Vorwaerts Societies
In particular.
%
COURT WHICH ENDED ON SATURDAY
IMPORTANT BUSINESS WAS SETTLED
fiMl'
Assessing Taxes.
City Tax Assessor A. M. Krug,
and County Tax Assessor William
Wendt are engaged in assessing the
taxes in the city of Brenham for
their respective offices. By working
together in this way they Can be of
great assistance to each other, In the
matter of making the assessments
and also making the work simpler
and easier for both as well as more
satisfactory to the public.
Baseban Monday Evening,
The Fourth Grade of the Alamo
School and the Fourth Grade of the
Brenhant High School engaged In a
red-hot baseball game on the
grounds of the Alamo School- Mon
day evening wi^h the result that the
High School team won by a score of
23 to 14. Other games will take
in the near future, so it
M
At the recent term of court which
ended Saturday of last week, many
Important matters of business were
transacted of which the following is
the docket and In which is shown
the disposition of each case. This
is kindly furnished by Deputy Coun-
ty Clerk, A. J. Wendt:
Guardianship of Erna Sltz et al
minora—Application for sale of
land; granted; Reported of saje
filed and confirmed. Minors' inter-
est sold to Ephram Wise.
Guardianship of Paraxeda Sebes-
ta et al minors—Bond of Wallace
Kamlnskl as Guardian examined and
approved.
Guardianship of Berenita Lam-
mert et al minora—Application to
sell minors' interest in 8.67 acres
of' land, heard and granted.
In the estate of Gustav Koerth,
deceased—Inventory filed; examined
and approved. ;
In the estate of Ernest Menn, de-
ceased—Inventory filed; examined
and approved.
Guardianship |of Alvine Helde-
mann et al minors—Bond of Frits
Heidemann In sum ot ,19,000 exam-
ined and approved.
Guardianship of Willie Sanders et
al minors—Inventory filed, examined
and approved. ■ •'J
Guardianship of Mary Sander et
si minors—Inventory filed; exam-
ined and approved.
Guardianship of Berenita Lam-
mert et al minors—Report of sale
filed and confirmed. Interest sold
to Rosa, Dora and Lona Roesler for
the sum of 1111.60.
Guardianship ot Aivlne Helde*
mann et af minora—inventory filed;
examined and approv«i?':>~'; '-y]
In estate of Nannie Collins, de-
ceased—Application for temporary
letters of administration; heard and
granted; W. F. Tottenham appoint
ed temporary administrator.
In estate of Joe Marek, deceased—
Application to/probate will heard
and granted; Mrs. Amllia Marek ap-
pointed executrix without bond. In-
ventory filed examined and approved.
Estate of J. R. McDade, deceased
—Application to . probate will heard
and granted; Mrs. «0arah A. Mc-
Dade appointed executrix without
bond.
Guardianship of Bruno Van Hut-
ton, Minor—Application for sale of
I undivided one-eighth Interest In lot
In Brenham. Report of sale heard
and confirmed. Minors' one-eighth
Interest sold to Brocksehmidt and
Hotlng for the sum of $47S. Bond
of A M, Krug as guardian in sum
of $650 also examined and approved
Estate of Hannah Greer, deceased
—Application to probate will heard
and granted. Will admitted to pro-
bate as a muniment of title.
, Guardianship of Flora Lamp et
al, minorB—Annual account j^d, ex-
amined and approved. Ithal .ac-
count ot' Chas. Lamp one Of said
minors examined and approved, and
bondsmen discharged as to CI Lamp.
Guardianship of Ernest Meyer et
al minors—Final account pied, ex-
and bondsmen released.
Estate of August Henke, deceased
—Final account and report filed, ex-
amined and approved. Administra-
tor and bondsmen discharged.
Estate ot James B. Wilkin,, de-
ceased—Application to probate will
heard and granted. James Ii. Wil-
kin and Robert H. Wilkin appointed
executors without bond.
Aaron 6$mrs Gat
Two Ktat? In Pen
For Shooting Wife
The- case of the State of Texas
versus Aaron Somers, colored, which
went to trial Monday, was concluded
Tuesday night.
The jury returned a verdict of
guilty and assessed the punishment
at confinement in the penitentiary
'or a term of two years. It was
charged that he shot his wife Decem-
ber 12, 1912.
Following Is the list of jurors in
this case: Willie Roesler, farmer,
Gay Hill; Henry Korthauer, farmer,
Burton; William Boenker, Jr., farm-
er, Win. Penn; William Klussmann,
farmer, Wm. Penn; Adolph Dann-
haus, farmer, Pleasant Hill; Ed
Boesling, farmer; Rehburg; Willie
Rens, farmer, Long Point; C. A.
Schroeder, salesman, \ Brenham;
Louis Storner, farmer, Green vine;
Henry Wehrlng, farmer, Wm. Penn;
Frits Greaber, farmer, Union Grove;
George Breedlove, farmer, colored.
down the American returned the AM
Sfcross the Rio Grande, and after the
international conflict the
withdrew, bearing with them
end wounded.
No American was hurt.
Official reports of the occc
to Colonel Sibley, commanding Fott
Clark here, caused orders for «0
available cavalry of.the border pa-
trol to proceed to Del Rio. On#
troop and a machine platoon left
Eagle Pass today. Another engaf*
ment between Mexican Federals and
Constitutionalists Is expected tomor-
row in the same territory.
Firing Lasts Five Minutes.
The clash across the internatioMfl
line was precipitated, according to
official reports to headquarters her#
today, by persistent firing of the
Federals at the fleeing Constitution*
allsts, who had gained AmeriOitt
territory and surrendered to United'
States troops, Three horses held by
American cavalrymen were killed*
For ten minutea Captain Wlntertnim
of Troop B, Fourteenth Cavalry, sig-
nalled to the Federals to cease flf-
tng, but reported that his signals
were disregarded and his own men
were in danger. He then orderitf
the Americans to fire and a sharp
fusillade resulted, lasting for about
five minutes.
Constitutionalists defeated yester-
day morning were a scouting party
led into a trap by tbe Federals, who
earlier in the day had captured Lee
Vacas, opposite Del Rio. They
abandoned the town, but returned
suddenly to attack the rebel scouts.
About forty-five Constitutionalists
were cut off by 800 Federals at Me-
Kee's Crossing on the Rio Grande,
where the rebeia put up a stubborn
resistance until'overpowered by aop-
bers. They then began retreating
across - the river to the American
Side, where Captain Wlnterburit'e
detachment of fifteen cavalrymen
was on duty to preservs neutrality.
Mexicans Were Aggressors.
Of t&e forty-five Constitutional-
ists only twenty-seven reached tbe
TexaB banks. The Federals contin-
ued to fire at the fugitives as they
forded the river and several were
killed in the water, their bodiee
floating down stream. Even after
the Constitutionalists had surrender-
ed to the Americans, It was officially
reported, the Federals continued
shooting with grave danger tot both
Americans and Mexicans. When
Captain .Whiterburn saw his signals
to cease firing brought no answer,
the Americans began shooting at a
range of about 400 yards from the
Texas bank of the rlvsr, and the
Federals withdrew, leaving several
bodies on the Mexican slds. They
later returned and bore these away,
but how many were killed or wound*
ed the Americans could not learn.
Advertised Letters*
The bowling of Friday night was
very good. Geo. Zeiss was ths lead-
ing bowler.
The following were the four high
bowlers:
High Individual.
Geo. Zeiss — l>f
F. L. Amsler - 171
W. Schawe —..171
Ed Schmld 169
High Average.
Geo. Zeiss 171
F. L. Amsler - 167
A. Griffin III
Ed Schmld — 160
List of letters remaining in the
Post Office at Brenham, Texas, for
the week ending Saturday, March
21st, and advertised Monday, March
23rd, 1914:
Bodluln, D. N.; Dean, Dr. R. A.;
Clay, Mrs, Katie; Cain, Mis R. B.;
Bdderson, George; Felzhake, L. J.;
Gilmore, Bertha; Glover, Leuis;
Graves, Mrs. Hennle; Harris.. P. W.;
Hewett, Girlie G.; Johnson, Martha;
Lacy, Byrd; Lawtber, Harry; Lan-
des, Phoebe; Lewis, Alice; Lewis.
Maggie; Miller, Thomas J.; Murphy,
Jennie L. Randon, Ida; Ramsey,
Mary T.; Parker, Marian; prlmphry,
C. E.; Schaffner, Max; Smith, Na-
thaniel; 8pates, Joseph; Storks, Miss
R. J.; Steadley. K. D.; Tomkawlak,
Miss J.; Velazee, Santiago; Gonzales,
Gerardo.
Subscribe for the
Bowling Scores.
Making Great Improvements.
Great
improvements are now
making prgoress at the popular drug
store of Theo. Schlrmacher. All the
awning has been removed from the
front, several feet Inside the build-
ing walled off and a first-class and
modern glass front will be put in
at an early date. When the work Is
finished, the entire front will be one
of tbe cosftiest and prettiest in all
this section of the country. Further
and more extended notice of this big
improvement will be made In the
near future.
Visited Pleasant Hill.
*
Superintendent Klaerner, of the,;!
County Public Schools, spent today
at the Pleasant Hill school and
ports everything in that hustling lo~j
cality moving along in a very
isfactory and progressive manner.
" ;
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Fuller, Henry C. Brenham Daily Banner-Press (Brenham, Tex.), Vol. 30, No. 305, Ed. 1 Tuesday, March 24, 1914, newspaper, March 24, 1914; Brenham, Texas. (https://texashistory.unt.edu/ark:/67531/metapth490301/m1/1/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting Abilene Library Consortium.