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THE WACO NEWS, SUTARDAY MAY
if wl LICKS, M D W.O.W1LKK8, MD Residence JIM) N 12 St. 1(ldonco RS WILKLS & WILKES physicians and Surgeons. HOOMS IN l't-OVlDKNT UI.H1NG. , Bi (JUI Corner Drug Blore. Telepnone at Olllco 5nil Residences. '" am tvtctjntk Rr. "RPn r-l- ..-.-..- v .vV- FIWEKALDIKEOTOKSEMBALMEKS 518 Aamtlii Avemio. WAC, TUX AH. COMMERCIAL HOUSE. Cor. EUjhlh $ Clay Sis. Vnly lti lilnelM south nf3lo Itepot. Vacile 11. R B F IRSTCLA SS. -t Terms reasonable. Commercial Travel especially solicited. Mrs. N. H. Kirkpatrick. rmrw ix ivjimxa AUTISTIC Paper-Hanger.PainterGrainer. l'JUCES IICASONAIILK. Loavo ordors with (J. H, Rosenthal No. 307 Austin avenue. IIvY time. -FOlt- SCREEH DOORS AND WINDOWS Drop a card tojno. M. Nichols, 20j Sherman St., or leave orders at Hani son & Cos. R. V, JACKSON. W. C. COOI'KK. JACKSON & COOPER, Manufacturer of the W. J. McDonald Fireproof Cement Roof Paint. Contracts solicited, All work promptly Uono md fully guarantied. OrFicE, 22 1 Franklin Street. A Sprained Ankle. This is a common oocurraoco and one that will lay people up ordinarily (! to 8 weeks, yot wo will guarantee Ballard's Snow Liniment to cure any caso of sprained ankle io 1 to 3 days if applied at once, and to immediate ly relieve all pain. Snow Linimont will ouro any old soro on man or beast. It will heal all Wounds and ourcs Sprains, Burns, Scalds, Bruises, Sore Throat, Sore Chest, Lamo Back, Corns, Bunions. For Rheumatism, Lumbago, Neuralgia, Contraoted Musoles it has no equal. Do not allow any other white Liniments to bo put off on you for Snow Liniment. Thero is no other like it. Ask for Ballard's Snow Linimont. Sold by H. C. Risher & Co. Rules and Regulations at the Park Natatorlum. Open G a. m. to 10 p. m- Saturday night until VI o'clock. Pool reserved for ladieB and ohildren exclusively only 9 to 12 o'clock Saturday. Tub needlo and vapor batbs at all hours for patients and others. Experienced male and f'omalo attendants day and night. Ton Padoitt .1. B. Chestnut Proprietor. Manager Lots. in the Provident addi 'don for saloon suoh terms as will attract the most squeamish buyers, by Kollum & L,awson, tue leading real estate dealers, 113 South Fourth street. Fishing taokle ol ovory dosoription with a full stock of hunters supplies H. K. A 1UOLD8. Pure and whito lara at 9 cents per pound in ten gallon canB at Crip pen's, oornor Fifth and Franklin. I 50c Lawn Tennis Oxfords BLACK, .A.t :eeex..ix,,s- JUST 15! ONE CASE OF .. Grenada Tissues" A handsome dress fabric in wash goods, both in light and dark grounds beautifully printed in handsome flowers and trailing vine patterns, and equal in designs to the finest French goods The Price is 6 1-4 Cents. ALSO ONE CASE OF Chantong Pongees In short lengths. These goods need no comment, as they are one of the most popular wash fabrics of the season and have been sold from 15c to 20c. This case equal in designs and colorings to the very best offered this season. We will turn loose at 8 1-3 cents per yard. H. B. Mistrot & Co. Corner Eighth and Austin Sis. YOLTII. Why Is it so inniiy j,rrov old too prematurely V Said an old man "If there Si anything that will m.ike un old man teel young it it Dr. John Hull's tj.tr-mpanlla." Yes, there is a deal of hu ijmiu-v in s bottle of thil excellent remedy, ami if it was more gen erally used there would be fewer folks, growing prematurely old. The healing and strengthening herbs that enter into its composition make it out- of the tlneat re juvenating medicines that can be com Eoundcd. Said a young wife, when asked ow she managed to lie so happily with DO YOU her husband, who was ijuite an old man, "I keep him youthful l).v giving him Bull'i Saraapurilla." It is a good thing when a feeling of old ago or uecrepitude creeps into the system to rout it at once with Bull's SarsapanlLa. It makes the old feel young, and the young feel buoyant. An active old l.uly said she "couldn't keep up long when her bottle of Hull's Sarsa parilla got empty ' It's 11 good thing for old people. hvcryone, young or old, should counteract the evil cllects of nerv ousness, weakness and debility by a use of Bull's Sarsaparilla. It keeps the system in fine condition. You will sleep better, BEGINS TO yon will cat better, your food will dfgett better, you will feel better every way 11 you occasionally use this great tonic and alterative. Epbralm Hurnet, Smltliland, Ky., writes: "i am an old man, eighty-three years of age, yet I can walk live miles to town and back, and feci none thewoie for it. Every spring I take a dozen or tlftecn bottles of Bull's Sarsaparlllu. It puts my system In line condition, and I feci good and agile the whole year through It has worked some great cures In my neighborhood. A Mr. Bonsall's wife lay bed,rlddcn for three years. Doctors did her no good. I uot her husband to try Hull's Sarsaparilla. Now FEEL OLD? she Is well nnd does her own housework. A negro living on our placo had a bad case of scrofula. Hull's SarsaparllU cured him." 'If you think your child tins worms, don't risk any clianee, but give u ur. jonn Hull's Worm candles, and never fall. rm Destroyers. 11117 ui uie ,11. rrice, vo ucnis. W'AH through the summer and fall I was troubled with chlllt and fever. I finally got one bottle of Smith's Ton to Syrup, nnd It cured rne at once." C. U. Wells, Mldvllle, Ga. Jomx D. Pake & Sons, Wholttale Agent, 176, 177 and 178 Sycamore St., Cincinnati, O. 10 All tho fino fanoy imported French and English cloths pt fUhfirt Bros., tho leading meroh ant tailors. They carry or big stook, admirably seleoted, and embracing all HOW AS A LAWYER: Judge Herring on the Amendment. THE COMMISSION MANDATORY? The Word .Till), .llemiN Slin.ll, in I.uvr An i:xliniillvo Uofriiko of Judge Clark'N Position tloKi;t l.vgul Mhortuomlngw tlxposoil. Hon. M. D Herring an onthusiastio friend of Judge ClarK is ono of the ablest constitutional lawyers in Texas, and at China Springs a few weeks ago ho made a speech in which ho ex posed Hogg's position as expressed at Wills Point on tho mandatory char acter of tho commission amendment. A News reporter called upon him to day and asked: "Will vou kindly give mo for pub lication a copy of your speech mado at China Springs. impossible I cannot reproduce it, and if 1 could, it would not be profitable " "I havo heard your criucism on Gov. Hogg's Wills Point speech high ly commended, and especially his con struction of the amendment; and that you made some legal points that I havo not heard of from ony other souroe. Will you not give mo tho aubBtance of these points?" "Yes be quoted tho amendment of Section 2, Article 10 of tho constitu tion as follows: Railroads heretofore oonstruoted or whioh mav hereafier be constructed in this state are here by doolarcd publio highways and rail road companies common carriers. The legislataro shall pass wz to regulate railroad height and passenger tariff, to oorreot abuses and prevent unjust discriminations and extortions iu tho rates of freight and passecger tariffs on tho different railroads in this state; and to the further accomplishment of these objects and purposes may pro vide and establish all requisite moans and agencies invested with suoh pow er as may bo deemed adequato and advisable.1" Continuing Governor Hogg says: "Do you observe it nowhere men tions tho commission of any kind? Bv the amendment tho legislature is required 'to puss laws to regulate rail road fight and passenger tariffs, to correct abuses arid prevent unjust discrimination ami extortion' therein Vested with this power it is autho rized to provide and establish, 'all requisite means and agencies with such authority as may be deemed adequato and advisable to carry out tbo purposes of the amendment. If the people there fore, elect a governor and legislature unfriendly to the commission by that act their will must be manifested. Of courso then the gentlemen so elected could take off their hats, and 'bow to tho will of the people' They could do so without muoh stretch of con science while applying the knifo of death to tho commission law. Cer tainly they would not ovado any pro. vision of the constitution by it. The agencies mentioned in the amend ment could very well be construed into plaUbings for the railroads. Dur ing tho last campaign I advocated tho adoption of tho amendment, intend ing the oircumstance of its submis sion if it became a part of the organic law, would bo tantamount to an in struction by the people that a com mission should bo created. The Demooratio platform at San Antonio declared for the commission, and tho peop'o adopted the amendment which, under the interpretation givon it throughout tho campaign and by the platform, tho legislature after a throo months hard Gght, passed tho present commission law. To contend that tho commission is not an issuo so long as it has opposition covertly striking at its vitals by proposing amendments to it is to say the loast illogical if not intentionaly deceptive If men with brazen elfrontry will go beforo tho people and contend that the constitutional amendment which nowhere mentions tho subjeot settles forovor tho question of tho commis sion. It is well for tho people to bo cautious in committing so saorcd a trust to their keeping. Does that provision of the constitution Bay tho legislataro shall oroato a commis sion? No. Does it say it shall pro scribe means and agencies to regulato railroad freight and passenger tariffs? No. It simply declares that the legislature may establish all requisite means and agencies invested with power for suoh purposes."1 "Tho original section 2," oontinucd Judge Herring, "substituted by tho amendment is as follows: "Article 10, Seotion 2 railroads heretofore constructed or that they constructed aro hereby declared public highways.and railroad companies common carriers. Tho IcgHlature shall pass laws to correot abuses and prevent uniuBt disorimina- I tions and extortions in tho rates ot freight and passenger tariffs on tho differont railroads in this state, and shall from time to lime pass laws es tablishing reasonable maximum rates of charges for tho transportation of passengers and freight on said rail roads and enforce all suoh laws by adequato penalties.' " "Comparison of the two shows that thoy aro the same in effect with Aho following exception: Tho elimination from the original of the following words and 'shall from timo to timo pass laws establishing reasonable maximum rates of oharges for tho transportation of passengers and freight on said railroads.' Tho trans position of tho words and 'enforce all suoh laws by adequato penalties' and the addition in tho amendment of the following; 'and to tho further ao cotnpltshtnent of theso objects and purposes may provide and establish all requisito means and agencies in vested with suoh power as may be deemed adequate and advisable' "Now whut was the misohiof to be remedied and the objoct and purpose ot tho amendment r A railroad com mission bill had been defeated by this same legislature. It suited the house but the senate objected to it. Somo of tho senators questioned tho con stitutional power to delegato a rail road commissioners duties devolved by tho constitution upon tho legisla ture The result was the submission of the amendment, above quoted. Gov. Hogg favored it and advooated a strong commission with full power to regulate railroads. This was tho issue as made by him. Ho shoved this plenary commission plank into the platform. He stood on it in his canvass all over the state, was triumphantly elected governor on it ana worked it into our present com mission railroad law. Referring to the amendment he says: "Do you ob serve it nowhero mentions a kind?' Tho commission 01 any object of constitutions says Judge Cooley in his constitutional limita tions as applied to a written constitu tion is to give eilcot to the intent of the peoplo in adopting it. Was not the intention and tho object and pur pose of tho people in voting for tho amendment to remedy tbo misohief of inadequate legislative, railroad reg ulation by giving power to the legis lature to create a commission for this purpose? "If tho people therefore fays Gov. Hogg, elect a governor and legisla ture unfriendly to the commission by that act their will must bo manifest. Of course then the gentlemen so eleoted would take off their hats and bow to the will of the peoplo. They would do so without muoh stretch of oonsoience while applying the knife of death to tho commission law Cirtainly they would not ovado any provision of tbo constitution by it. The agencies mentioned in tho amend ment could very well bo construed into playthings for tho railroad." "Certainly thoy would not evado any provision of tho constitution by it," says Governor Hogg Can it be possible that tbo peo plo in adopting the amendment were fooled? That instead of getting organio obligatory imperative com mand through tho legislature to tho creation and preservation of tbo rail road commission, they only delegated permissivo disoretionary, directory power to thoir servant a stono instead of bread a more ropo of sand? Any legislature who would fail or refuse to oxeroiee such power aa he might deem adcquite and advisablo in the establishment of all requisito means and agencies or thoir perpetua tion for tho accomplishment of tho objects and purposes of the amend ment would violate his oath and provo himself unworthy of offioial trust. In assorting the contrary, that is such legislator would not evado any provision of tho constitution by it, does Gov. Hogg prove that ho is a constitutional lawyer, or that ho has brazen effrontery and that he is to say tho least illogioal of not intentionally dcooptivc; Give him the full benefit of his argu ment. Ho says: "Does the provision of the consti tution say the legislature "shall" oro ato a commission? No. Docs it say it shall prcsoribe "means and ngen- eies" to regulato tho railroad freight and passenger traffics? No. It sim ply deolares that tho legislature "may" establish all "requisite'1 means and agenoies invested with power for buoIi purposes." Now you havo the governor'a bo cratio questions and negative answers may horeafter be in this state establishing to his cntiro satisfaction that the atnondment to Soo. 2, Art. 10 to our constitution, generally known as tho commission amoudment, on aocount of tho uso of "may" instoid of "shall" is not man datory but directory A tyro in con stitutional and statutory law knows that this is odc of rnauy of tho Gov ernor's big mistakes as shown by tho following citations of authorities: May. Whenever the statute di rects tho doing of a thing for tho sake of justioa or tho public good, tho word may is the same as shall. For examplo, tho 28rd Honry VI says, tho sheriff may tako bail, tint is oon Btrucd ho shall lor ho is compellablo to do so Tho words shall and may in gen eral acts of tho legislature or in pri vate constitutions are to be construed imperatively Dovier's law dictionary p-lG0 and authorities thero cited. In Hams vs. Herring 08 Texas p 472 Ohiof Justioo Willio says: "Tho appolloes oontend that by tho uso of tho word may, tho statuto intended to leave it within tho arbitrary dis cretion of tho court to grant tho con tinuanoo or not, though the applicant brought himself within tho terms of tho law. Whether tho word "may" in the statu e is promissive or obli gatory depends in a great measuro upon tho time, intent and object of tho legislature in making tbo enact ment. Sedgwick on constitutional state statute law 439) It moans must whenever third persons or tho publio havo an interest in having tho aot done or havo a claim de juro that tho powor shall bo executed. Sco also Turnpike county U Miller 5 Johns Chancery 113 Maleom vsT Rogers, 5 Cowan 188. "You think then that tho Commis sion nmondmotit Is a fixture? "Yos, the samo as any othor pro vision of our constitution, whioh com mands what shall bo done, mid its enforcement ns certain 11 b any othor grant of powor by the pooplo to tho logislature. Quostlou.- "Then youdonot bollevo that In anyoontiugouoy it can bocouio migratory? Answer. "No not until tho pooplo who adopted it by tho cxorolso of thoir sovt-rditrn power revoke It. Tho not of tho legiulaturo mado tlioriv uuder may bo muendod and prnutioul experience or tho decision of tho courts may require it, but Its abroga tion by the leglalaturo without sub stituting another noney for accom plishing tho objects and purposes of the amondmont hucIi as tho lovislnturo may doom ndequitountl advisable is n constitutional Impossibility. It is to bo hoped after the tho exit of Goy. Hogg and his 21st legislature that suillciont conservatism, patriotism and HtatosmaiiHlilp will remain to check extreme unjust and pornicious legislation and to so obey tho command of tho people iu ro:ru lating rallroadn and othor intorestB of oil' stato as to rostore coulldonoe. build up tho wasto places, dov'op all our latent industries, oommorolal, manufacturing, agricultural and min ora, and make Texas what our fathers assigned hor to bo, tho foro most, the most law abiding, tbo loast tax-rate, the richost and grandostor all the states. Drink Cooa-Cola at W. L. Tuokors Shoe Fly Ohl You Horld Things. Willio take that fly out of tho but tor, doar; the milk is full of flies tho flics will bo tbo death of me 'yet. For heavens sake got a brush and keep off the hond flies. Ihosaand man) other expressions could be avoided 1 you would only have screen doors antj windows put in your house Cuiitib & OltANP. To Ice Consumers. Within fortv davH we hopo to t turning out ice mado from artcsit water by one of tbo largest ico plan in Toxas. JJon t mako your summ oontract until you Beo us. Wo w 1 bo on tbo ground corner Irnth ail Jackson at work Monday May lOlj L. W. CiiEituv & Co. Evorvbodv goes to Joo Lonma j when they want a good meal, or oroam. Straight dinner from 12 to 2 (J anything you want at any hour at Lohman's. While in order for a the city leave yl dozen of those Cabinet Pictures. & Gtfe- 70 1 and 703 Austin Avel CONSUMPTION I imi 0 a positive rcr tedy for tho abo 0 ull livttH lien tlKiiiknnilHiif rail's of ttio worst and of Ions stanillug linfe been cured. Id I so strong Is my fsllli In Its tmracy, thst M-Ilrt TWO HOTT1.IH PIIEE. with uvALV TIIKATISK on this distaro to any suffcre I will send mo their Kxprces nnd I'. O. addl I T.A.SLOCUM.M.C, lui Poariot.,1 the novelties of tho spring ot gi.