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The Austin weekly statesman. (Austin, Tex.) 1883-1898, May 03, 1883, Image 5

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Texas Postal Association.
The postal association of Texas con
vened here to-day, Amos 1. Foster
presiding, J. P. Rodney was elected
temporary secretary, Col. J. C. l)e
Gress being absent on account of sick
ness. The following ollicers were
elected for the ensuing year: Amos
P. Foster, president; C. F. Daughert)',
of Deniaon, W. 11. MeConnel of Jacks
boro, (ieorge E. Valde, of Beaumont
and J. M. .Swisher, of Corpus Christi,
vice-presidents; J. C. DeGress, of Aus
tin, secretary and ex-oflicio treasurer.
At 3 o'clock p. ni. the committee on
the revision of the constitution and
by-laws submitted their report
through their chairman,!!. C. Travers,
of Rockdale, alter the adoption of
which, and a general exchange cf
ideas regarding the duties of those
connected with the postal service, the
association adjourned to meet at 8
o'clock to-morrow.
Vhe following is the constitution
al by-laws adopted:
Constitution and by-laws of the
Postal association of Texas, adopted
jit Austin, Texas, April 25, 1883.
Sec. 1. There shall be an associa
tion in this state to be known as the
Postal association ol Texas,
r Sec. 2. The object of this assoeia.
tion shall be the mutual heiu-lit of all
employes of the postal service in this
state and the improvement ol" the
Iostal service, and no political test
shall be required as a pre-requisile to
membership in this body, nor sli.ill
any partisan or political question !
discussed in its meetings.
Sec. 3. The ollicers of this associa
tion shall consist of one president,
four vice presidents and one secretary,
who shall also perform the duties of
See. 4. The oIliecM herein provided
for shall hold their positions for one
year or until their successorsare elect
ed and installed.
Sec. 5. The meetings of this associa
tion shall he annual and their sessions
held at such time and place as may be
-determined by the association at each
.annual meeting thereof.
Sec 6. Any person on becoming a
member of this association shall pay
an initiation fee of $1.00, and the an
nual dues shall be-tifty cents.
Sec. 7. Any person connected w ith
the postal service in the state of
Texas, may.by the payment of the in
itiation fee and signing the constitu
tion of this association become a mem
ber thereof.
Sec. 8. .No person not connected
with the postal service in the state of
Texas, shall bo eligible to member
ship in this association.
Sec. 9. No moneys shall be paid out
of the treasury of this association, ex
cept for its legitimate expenses, and
no draft shall be considered binding,
on this association, unless drawn by
the secretary and approved by the
Sec. 10. The constitution and by
laws of this association may be
amended by a two-thirds vote of the
members present at any aunual meet
ing thereof; provided one day's no
lice shall be given in open meeting.
1. The officers of this association
shall be elected on the last day of each
annual meeting.
2. The business shall be conducted
in accordance with the rules usually
.governing deliberative bodies.
3. The president shall preside at
ach meeting, and in case of his ab
sence the vice-presidents in the order
of their election, shall preside and
have the same powers as the president.
4. me secretary ana treasurer shall
make his report to this association at
each annual meeting, keep an account
of all moneys received and paid out,
.and keep a record in a book provided
for that purpose, of the minutes of
any meeting, which book shall at all
tiiuen be open to the members of the
Attest: Amos P. Foster.
.T. 1. Rodney, President.
Secretary pro tern.
Thursday at 7 p. m., at the residence
of the bride, by Rev. Dr. Howard. A.
W. Terrell and Mrs. Anna II. Jones.
The ceremony was strictly private,
only the immediate members of
families being present. Vet, it
is a union in which a great
many experience the most
friendly interest, aud none are thus
more deeply interested than the
Statesman. In the joining of
these two hearts we must be per
mitted to extend to two most
estimable people unadulterated
desire for such happiness as
congeniality of spirit must secure.
One in affection, and with unity of
sentiment, they will pass through
life's fitful period with the fullest
measure of such enjoyment as should
belong to the most sacred of life's re
lations. Texas Land Law.
The Statesman returns thanks to
'ihe Gilbert look company of St. Louis
fjf a copy of Texas Land Law by
J udgfl Edwin Hobby, of this state.
The book is comprehensive and ex
haustive, embracing a classification
of the leading questions respecting
lands titles adjudicated in the first
iifty-six volumes of Texas reports; the
colonization laws and the empresario
system of Spain, Mexico and Coahuila
Mad Texas with their construction
and interpretation; also executions
and executed contracts and actiona
ior specific performance; limitation,
.estoppel, registration Loundaries and
surveys; rights and liabilities of ven
dors aud vendees: homestead and evi- i
dence, with a referent to the law
and practice repealing the statutory
action of trespass to try title. It is
invaluable to lawyers and land men
and deserve an immense sale.
The price is $7.50 to all who buy at
once, after a short time the price will
be $10.
Address Gilbert book company, St.
They Know a Good Thing.
It is generally conceded that as man
goes down the western side of the hill
of life, he is more choice in what he
uses than when he climbed up from
the eastern side. The Statesman
has always been a friend to tha old
soldiers whose valor and sacrifices
gave it (w ith others) the great herit
age it enjoys in being an enlightener
of the people of this empire state. No
one knows this better than do the vet
erans themselves, and they appreciate
and love the Statesman, as a matter
of course. In addition to the names
of the many old heroes whose
names have been on our sub
scription list for vears. the
following old Texas veterans have
sent in their subscriptions tor the
Statesman while attending the vet
eran's meeting at Belton: D. L.
Kokernot. J. C. Childress. J. W. Mc-
r, r. It. fierce, T. W. Hunt. Thomas
Sanders, Bethel Smith. M. W. Dikes,
. Y. Reams. W. M. Gentry, W. II.
Wood, J. S. McGhey, J. W. McIIarse,
J. C Armstrong and A. II. Wood.
Bright's Disease, Diabetes, Kidney,
uver or innary Diseases.
. Have no fear of any of these dis
eases if you use Hop Bitters, as they
will nrnvpnt anil i-nre the worst Cttsest
even when you have been made worse
uy some great putted up pretended
How to Shorten Life.
The receipt is simple. Yon have
only to take a violent cold and neglect
it. Abernethy, the great English sur
geon, asked a lady who told him she
only naa a cough: -v hat would you
have ? The plague '! Beware of 'only
coughs!' " The worst case can, how
ever, be cured by Dr. Win, Hall's Bal
sam for the Lungs. In whooping
cough and croup it immediately al
lays irritation and is sure to prevent
a fatal termination of the disease.
Sold by all druggists. alO-d&wiw
Note the advertisement of Ken
tucky Live Stock Record, Lexington.
.Kentucky, the best paper on blooded
stock breeding published in the
United States.
Spikenhaven's Watch Dog.
Spikenhaven advertised for a good
dog to watch his premises. He ex
plained that he wanted one that
would not make friends with
The next morning, everybody in
Texas, it seemed, that had an extra
dog, brought one around to piKen
haven's house. The howling was ter
rible. After looking at them an hour or
two, Spikenhaven finally picked out
one that he thought would suit him.
It was a large, stump-tail, brindle
dog, with a head on him like a pump
kin, and a mouth so large that when
he opened it. it seemed as it ne nad
split himself down to his shoulders,
displaying a set of teeth that looked
like a double set of oyster tongs.
Spikenhaven took him to the house,
and gave the man ten dollars for him.
As the family had gone out to spend
the dav. Spikenhaven concluded to
put the dog in the store room to keep
things, and then go hunting.
He put that dog in the storeroom,
shut the door and said, "JSow, good
doggie, keep things safe while I'm
Just as Spikenhaven reached the
front gate he remembered that he had
lelt his powder llask in the store
room, and he went back for it.
He found that big dog sitting be
side the door as he went in. lie
picked up his powder and started out,
and just as he reached the door he
felt something pull him back and
heard a deep, rumbling growl like
awl nl thunder.
"(iewhillikins-to-golly! Helen Maz
es! What are you doing '(" and he
turned around to kick the dog. But
the dog was sitting by the Hour sack
with his stump tail beating a tattoo
as if nothing had happened.
Then Spikenhaven recollected that
a dog always liked to be recognized, so
he, went up to him and began:
"Good fellow; pretty doggie; that's
right, take care of your master's get
out.y ouji ilank.blankety-blamed brute,"
aud Spikenhaven jumped into the
far corner, while that dog merely
showed his double set of oyster tongs,
and played Bonaparte's retreat with
his l)ob-tail on the lloor, where he had
set alter trying to take the knee off
Spikenhaven tried to think what
was the matter. "Ah!" said he, "1
have it: 1 forget to call his name.
But what the dickens is it V"
Taen he concluded to pat him on
the head and see him wag his tail
like the dogs do in books,
so he reached out his hand and said:
"Come, Bull! here Watch! Pretty
pretty puppie. Drummer, old boy,
turn to 'o massie, you nice little Car
lo. That's a good Carlo, isn't it ? 'Es,
'at's his name; pretty Carlo; let his
little massie pat his 'ittle hea great
Wheeler and little fishes; leave here,
you son-of-a-gun ! Ouch! w-a-e-ouche-e-wa-a-go-o-o-out;
bago, you beast! My hand! my
lingers !" and Spikenhaven waltzed
around and did the rapid jig for
about three minutes, while he would
first hold his hand under his arm then
stick it into his mouth and then be
tween his knees, groaning all the
timb and cursing that big brindle dog
and the man who sold him, and call
ing on all the gods to hear him swear
a big fourteen by forty vow to have
sweet vengeance.
During all these variety perform
ances and religious " exercises of
Spikenhaven, that dog was doing
nothing in the world except to sit
there and keep his tail going, nnd
looking as innocent as Ben Butler be
fore the Massachusetts election.
Spikenhaven looked around and
then concluded that it was so dark in
there that the dog didn't know him;
so he began to edge towards the door.
E very step he'd take that dog would
show his teeth and growl Spiken
haven s;ud: "Rover; Hob, don't you
know me?" -A friendly thump of the
tail and familiar licking of the chops
by brindle was encouraging; so
Spikenhaven said:
"That's right; now you know me,
don't you, good doggie? Speak to
me." "Gr-r-r-r-r; bovv-w-oo-oo," was
all brindle said, as he went near the
door himself.
Spikenhaven concluded he'd just
walk out anyhow, as if nothing had
happened. lie had heard 1 hat to act
with a dog in a very positive manner,
and not show fright, was a sure way
to keep him at bay. But this dog
seems to have been sadly neglected
in early training; tor, just as Spiken
haven reached the door-sill, he was
jerked back and rolled on the lloor.
while that dog took a good sirloin
steak, dressed with pieces of pants,
shirt and things, out of his master.
"Help! Murder! Land ot Scots!
Take him off!" But there sat brindle
by the door, as if he had been doing
his duty. His master made a rush
for his gun, and then the fun began.
That dog took a big chunk out of the
calf of Spikenhaven's leg, and Spiken
haven played half-hammond over to
wards the molasses barrel. Old
Brindle danced the grand lanciers in
that direction, and saluted his part
ner. Spikenhaven, with a whoop and
a howl, performed the old alcalde
march around the room a few times,
to the music of that dog's growls, and
then he jumped on the head of the
molasses barrel. As the dog was
urging him to be quick, and there
was much deal of danger near. Spi
kenhaven threw a great deal too much
pathos in that jump. The barrel head
broke in and he was up to his waist
in syrup.
As he climbed out. Brindle per
formed the polka step a few times,
and then joined .with his master in
dancing the racquet. For about three
minutes the air was lull or dis
tilling, sweetness, stump-tailed dog,
little pieces of mangled male attire,
awful profanity, mingled with groans
and prayers and cries for help. Spi
kenhaven finally gained the loft, alter
leaving most of his clothes and a two
days' supply of meat in the possession
of his fine watch dog.
Old Brindle sat there growling k j
at his master, and licking the blood
trom nis own chops, and picking but
tons, drawer strings, pieces of sus
penders, coat sleeves, pants and such
things, out of his teeth until night, as
old Spikenhaven's yells for help
brought no other response except
more growls from his dog.
When the family returned they had
to shoot that dog from through a
crack in the house, in order to rescue
Spikenhaven. This was just seven
weeks ago, and Spikenhaven was in
bed, lying on his stomach all that
He isn't home now. He is out on a
mission, and when he finds the man
who sold him that dog, there's is go
ing tobe a "monkey ana parrot time,"
Spikenhaven says.
Matrimonial Matters.
County Clerk Frank Brown issued
the following marriage licenses last
Walter B.Fisher and Flora Anna
B. II. Wright and Alice Patton.
Tom Hill and Ella Scott.
A. W. Terrell and Anna H. Jones.
If Ton are Ruined
In health from any cause, especially
from the use of any of the thousand
nostrums that promise so largely,
with long ficticious testimonials,
have no fear. Resort to Hop Bitters
at once, and in a short time you will
have the most robust and blooming
Henry's Carbolic Salve
Is the best salve for cuts, bruises,
SOrPS. lllefirs Rait, rhomri tottor chiin.
ped hands, chilblains, corns, and all J
juuua wi jk.m erupuons, irecKiesanu
pimples. Get Henry's Carbolic Salve,
as all othersjare counterfeits. Trice
twenty-five cents. ,
Dr. Green's Oxygenated Bitters
Is the best remedy for dyspepsia, bil
iousness, malaria, indigestion and dis
eases of the blood, kidneys, liver, skin,
Durno's Catarrh Snuff cures all af
fections of the jnucous membrane of
the head and throat.
Dr. Mott's Liver Pills are the best
cathartic liver regulators.
The Southern Historical Society.
The Texas branch of the Southern
Historical society met in the house of
representatives hall last night accord
ing to adjournment.
The minutes of the previous meet
ing were read and approved.
The report of the special committee
on permanent organization was asked
tor, read and adopted.
Austin. April 24. 1883.
To Texas Branch of the Southern Historical
Your committee appointed to sug
gest matters lookingto the permnanent
organization of the society, beg leave
to report tnat tney nave carer uuy
considered the subject and recommend
that the society elect the following
ollicers, to-wit:
1. Three vice presidents.
2. Eleven district vice presidents.
3. Seven members of the executive
committee. locaL
4. General members of the execu
tive committee.
5. A permanent secretary.
6. A permanent treasurer.
Your committee recommend that
Hon. O. M. Roberts, outgoing gov
ernor, in view of his eminent qualifi
cations and services.be made first vice
president; Col. John S. Ford, second
vice president, and Hon. W. C. Walsh,
third vice president.
They recommend the following gen
tlemen tor district vice presidents:
First congressional district, Col. Ash
bel Smith, Houston ; second, Hon.
John II. Reagan, Palestine; third,
Hon. F. L. Johnston, Centre; fourth,
Hon. W. P. McLann, Mt. Pleasant;
fifth, Col. Ihos. II.Murry, McKinney;
sixth. Mai. J no. Henry Brown, Dal
las; seventh, Hon. Guy M. Bryan,
Galveston; eighth, Gen. S. D. Jocman,
San Marcos; ninth. Gen. Sul Ross,
Waco; tenth, Hon. J. D. Sayres, B;is
tron. and eleventh congressional
district, Hon. W. R. Shannon, Weath
er ford.
They recommend Gen. AV. H. King,
for chairman of the executive com
mittee, and the following for local
committee: Hon. R. S. Gould. Geo.
L. Robertson. Col. N L. Norton, Dr.
R. M. Swearingeu, Hon. Z. T. Fid
more and Col. Gustave Hoffman, of
They recommend the foil owing gen
tlemen for general members of the
executive committee: Hon. Thos. J.
Devine, San Marcos; Hon. W. II.
Burges, Seguin ; Hon. F. S. Stockdale,
Cuero; Gen. Thos. Harrison, Waco;
Major J. H. Davenport, Cisco; Col.
J. P. Smith, Fort Worth; Mr. J. P.
Addington, Gainesville; Col. E. W.
Foster, Jefferson; Hon. P. T. Ed
wards, Nacogdoches;- Hon.P.C. Beale,
Corsicana; Hon. G. Cook, Houston;
Gen. W. P. Lane, Marshall; Hon. E.
Hobbv, Moscow; Capt. C. Burnsides,
Laredo; Hon. R. M. Wynne, Hender
son ; Hon. A. J. Booty, Marshall ; Hon.
Thos. R. Bonner, Tyler, and Gen. T.
N. Waul, Galveston.
They recommend for permanent sec
retary Maj. A. M. Jackson, of Austin,
and for permanent treasurer Gov. F.
R. Lubbock, of Austin.
They recommend that a majority of
the local executive committee consti
tute a quorum for the transaction of
They suggest that a plan be devised
by which funds can be obtained to
defray the expenses, which must be
incurred in carrying out the objects
of the society, and that an address be
prepared, stating the purposes of the
organization and asking the co-operation
of alL' citizens of Texas in the
work of giving to the world a
pure and impartial history
of the part taken by them in the late
civil war.
Respectfully submitted,
John S. Fokd,
N. L. Norton,
' ' Geo. L. Robertson.
A. M. Jackson.
Geo. L. Robertson. -Committee.
On motion of Capt. Val. Giles the
name of Judge Jas. W. Robertson
was added to the general executive
Governor Stockdale moved that the
nomination of the special committee
with reference to raising funds, be re
ferred to the executive committee.
On motion of Capt. Val. Giles, it
was ordered that a committee of nine
be appointed to prepare the address
proposed by the special committee.
On motion Capt. Val Giles was ex
cused from the chairmanship of said
The committee was appointed as
follows: Hon. John Ireland, chair
man; Hon. F. S. Stockdale, Capt. Val
Giles, Gen.X. B. DeBray, Col. John
S. Ford, Col. S. N. Darden, Gen. T. N.
Ward, Gen. Sul Ross and Col. W. J.
On motion of Capt. Val Giles, Col.
E. G. Bowen was added to the com
mittee to prepare an address.
Gen. Thomas Harrison, Gen. James
B. Robertson, Gen. George McCor
mick. Hon. Henry W. Lightfoot.Hon.
G. W. L. Fly, Gen. Hamilton P.Bee,
Col. J. Q. Chenoweth, Gov. O. M.
Roberts, Capt. J. C. Hutchins, Gov.
Frank Lubbock and Col Henry E.
Shelly, were added to the committee
to prepare an address. Said commit
tee was requested to meet in the gov
ernor's ollice next Saturday evening
at 8 o'clock p. m. The local execu
tive committee was requested to meet
in the hall of the house of represen
tatives at 8 o'clock Friday evening
Newspapers throughout the state
are requested to publish these pro
ceedings. On motion the society adjourned
to meet af rain in the hall of the house
of representatives at 8 o'clock p. m.,
next Sunday.
Jno. S. Fort,
First Vice President.
B. M. Baker. Sec. pro tern.
An informal meeting of the execu
tive committee of the Texas branch
of the Southern Historical society
was held in the office of the adjutant
general on Friday night last, but
owing to some misunderstanding as
to the time and place of meeting
there were present only the chairman
of said committee, W. H. King, and
Cols. .Norton and Hoffman. An in
terchange of views was had as to the
best niothod of securing the objects
contemplated by the society, but the
absence of a majority of the commit
tee precluded the accomplishment of
anything definite, and the meeting
was therefore adjourned till Friday
night. May 4, at which time it is de
sirable and to be hoped that a'l'ull at
tendance of the executive committee
may be had. W. H. King,
Chairman Ex. Com.
Fire at; DnPre.
From Mr. D. N. Springer, of DuPre,
a Statesman representative learned
yesterday afternoon of a fire that oc
curred in that place between twelve
and one o clock yesterday morning.
It was the burning of the saloon of
Springer & Tardy. As the fire began
from the outside it was evidently set
on fire by incendiaries. Mr. Springer
said threats had been rumored around
to the effect that he would be burned
out, but he could not trace the ru
mors. He had a friend sleeping
in a little bed room attached
to the saloon, and but- for
a&sistance of this gentleman he would
have perished he says, as he was al
most insensible Irom suffocation
when dragged out. His friend lost
$600 in money; and the entire build
ing and contents, valued at about
$1400. was destroyed. The insurance
was $800, in a company represented
by Messrs. Turner & Newning.of this
city. Mr. Springer desires it stated
that all the citizens.of DuPre repudi
ate theinceniary act; and that it is
believed some outside parties were
guilty of the deed. The citizens have
made up a purse of S200, to Iks given
for the detection of the guilty parties
Wanted to be iii Time.
"Starchina, ring up the telephone
and tell Dr. JN evercurem to come up,
"Why papa," said the bewitching
ouu ircaubixui ckuwuuii unncu,
"What do you want with a doctor?
Are vou sick V"
"No: but the day after to-morrow is
my chill dav, and I want the doctor
then. If you don't commence ring
ing the telephone two days before,
the central office will never catch the
idea in time."
Its Advantages as a Commercial and
Manufacturing Point, Etc.
IKroiu Our Travelling Correspondent.)
Laredo. Texas, April 27, 188iL
I arrived here last Saturday, and
with the intention to stay a few days,
in order to have an opportunity to say
something to your many readers con
cerning this thriving place and sec
tion. Laredo is a city of about six thou
sand inhabitants, but, like most
western towns, claims a larger popu
lation. It is the county seat ot W ebb
county, which borders on the Rio
Grande river, is a stock-raising coun
ty, and embraces an area ot about
1552 square miles. It is reached by
the International and Great Northern
railroad from the interior of the state,
and the Texas Mexican from Corpus
Christi. The assessed value of the
county is about 82,000,000.
The lands in Webb county are as
sessed at the rate of twenty-live cents
per acre. There are eight school dis
tricts, and educational tacuities are
growing better. The county is water
ed by the Rio Grande and smaller
streams. Immense coal fields are found
in this county. Three railroads, the
International and Great Northern
railway, the Texas Mexican railroad
and the Rio Grande and Pacific rnil
road, cross the county, affording am
ple transportation facilities. The
Texas and St. Louis will also cross
the county at an early date and enter
Laredo, which is the diverging point
of five railways, and is naturally the
gateway to Mexico, into which repul)
lic so much American and foreign
capital is now flowing. The streets
of Laredo are narrow, but there are
several plazas or public squares
Some ol the residences indicate
wealth and taste. The courthouse is
a substantial brick building, costing,
with the jail, nearly $60,000. There
are ward schools, private schools, a
convent school for girls, and one
Catholic school for boys. About oue
hundred business houses make its
mercantile department, and besides
enormous quantities of merchandise,
over 2,000,000 pounds ot wool are An
nually handled.
There is here a national bank and
opera house, an ice factory and cigar
manufactory, and a good system of
water works. As a point for the
locating of woolen mills, machine
shops and foundries, Laredo offers
excellent facilities, owing to the
abundance of water, coal and raw
material. The city enjoys a vast trade,
not only from Webb and surrounding
counties but the republic of Mexico
as well. There are no less than three
newspapers, two American and one
Mexican. 1 am under special obligiv
tions to Mr. A. Wishart, editor and
manager ot' the Two Laredos, a tri
weekly, and to Mr. J. S. Penn.of the
Times, a weekly, both of which are
good papers and ably conducted.
I met among other prominent citi
zens of the southwest, Col. White
head, formerly of Austin but who is
now practicing law in this city. He
occupies an enviable position in his
profession and is regarded with favor
for practice preferment in -the near
future. I made also the acquaintance
of A. L. McLane, Esq-, of the firm of
McLane & Athlee, attorneys at law.
Mr. McLane is certainly one of the
progessive men of this section and one
of Laredo's best friends.
The Wilson house, kept by Messrs.
Wilson & Belcher, is the leading hotel
here, although there is a fine opening
for a new hotel. A good building with
about fifty rooms, with good light and
ventilation, would be a paying invest
ment. Last Tuesday, through the courtesy
of the ollicers of the Rio Grande Jfc
Pecos railway company, 1 had the
pleasure of being one of a party of
ladies and gentlemen visiting the coal
mines, some twenty-eight miles north
west from Laredo. The company is
developing three extensive mines,
which will produce enough coal tor
the states of Texas and Louisiana
combined, and the quality of the coal
is excellent. Among -those present
were Rev. Dr. F. A, Shoupe, of Su
wanee township; Rev. Josephus John
son, of Victoria, Texas; Mr. James
Craig and wife, Mr. A. Trishart
editor of the Two Laredos, and wife;
Mrs. Dr. Arthur and children; Mrs.
Col. AV. II. Ilungerford; Misses Ag
nes Deutz, Mamie Runsjell,' Emma
Craig and Belle Bracken, and Capt.
B. G. Broadnate. I had the pleasure
of meeting here Maj. D. W. Jones, of
Austin, who expects to make a
lengthy trip through northern Mexico.
Mr. orster, a banker ot Austin,
spent also a day here this week on his
way home iroin Monterey.
In conclusion I beg leave to say
that the circulation of the Daily
Statesman is increasing here as ra
pidly as the weekly edition ot the
Statesman, and that it is growing
in popularity every day.
The Teacher's Institute.
The following are the proceedings
of the teacher's institute of the pub
lic schools held last Saturday:
The final meeting ot the teacher s
institute was held at the graded
school building at 9:30 a m., Prof. J.
B. Winn presiding. There were pres
ent three visitors and twenty teach
ers. The meeting having been called
to order the secretary, Miss Sloss,
read the minutes of the preceding
meeting, after which Prof. AVinn de
livered an earnest and enthusiastic
address on "Professional Success,"
The work of the teachers was partic
ularly interesting, consisting of es
says on various school subjects, this
meeting having been designed for
that purpose. Miss Clifton's essay on
"Flora and Fann" was beautiful and
Examination by Prof. Woodson was
full of wise suggestions.
Miss Lucy Howard's essay on "Flow
ers" was, as the subject suggests, pret
ty and poetic, showing that in the
school room the beautiful is en
nobling and elevating.
Thesubject: "Perceptive Faculties,"
by Miss Pattie Smith, was very ex
cellent, showing that the perceptive
faculties must be cultivated before
the conceptive.
Miss Erkel's essay on "Teaching"
was short and earnest, revealing a
high appreciation of the teacher's
mission and influence.
Miss Linn's address on "The Teach
er's AVorld" was as comprehensive as
its subject.
Mr. Anderson, in his subject, "ihe i
Need of Special Training." showed I
that while special training is indis
pensable, general culture is no less so.
The usually dry subject of "Ex
traction of Roots" was made quite
interesting by Mr. Maloney.
Miss ilaynes on "Education ot
Children" showed a thorough appre
ciation of her duties as a trainer of
young minds.
"public scnoois, tneir uses, etc.,
was ably discussed by Miss Pfaefflin..
Miss carnngton snowed quite a
knowledge of metallurgy in her essay
on "Metals."
Miss Nannie Dawsons excellent
essay on "to lie or to toeem, was
unique and rendered in a most pleas
ing style.
"Gestures, by Miss Moiiie Dawson,
was finely illustrated by graceful and
original Calisthenic exercises.
The essay on "Music as an Educa
tor," by Miss Pattie Townes, was
pretty and characteristic.
Miss McAlister had an essay on
"Educators," and gave in outline the
pros and cons of that profession, in
dicating a knowledge of human na
ture as well as of science.
Miss Delaney's essay on "Knowl
edge" was comprehensive in outline
and indicated a comprehensive mind.
The essay of Miss Jones on "The
New Education," the theories result
ing from the revolution in modes of
teaching, etc., was ably given, and
showed a thorough knowledge of the
subject. -
Miss Marshall's essay on "The Ner
vous System and the Brain," illustra
ted by cuts and charts, revealed a
thorough knowledge of physiology,
and was very interesting. Another
fine lecture, also denoting familiarity
with physiology, was given by Miss
Brown, whose subject was the "Ear."
The session was somewhat longer
than usual and was the final meeting
ior term.
This notice, which is necessarily
brief one. will give but a faint idea of
the beneut and pleasure experienced
Dy tne teacners in tneir attendance
on these meetings, inaugurated and
conducted under the able experience
or JrTor. winn.
An Illustrated Description of Anstin
and Vicinity.
In anothf-r column, this morning,
will be found a description of a pro
posed enterprise of the Statesman
management, and we trust that our
citizens will give to the matter the
caret ul attention and consideration
which it deserves. It is proposed, if
a sufficient number of subscriptions
can ue ootaineu to j usury it, to
publish a pamphlet, setting forth the
advantages of Austin as a health re
sort and as an educational and
manufacturing center. The book
will be beautifully illustrated
with finely executed steel and wood
engravings of all the public buildings
of the city, county and state, of the
principal business houses and rest
uences ot note, besides numerous
views of the scenery in and around
the city. A work of this kind going
auroau win uo more to attract
the attention of the world to our
lovely city than any other method
that could be adopted, and it should
and no doubt will be liberally en-
C uraged.
An accomplished and finished
writer will be employed to edit
the work and the engravings
will be "executed in the best style
from photographs taken on the
ground. In view of the enormous
expense attendant upon the prepara
tion and issue of such a work an
agent will call upon our citizens to
solicit subscriptions, in order that it
may be known in advance of the un
dertaking whether the returns will
justify the expense.
ihe statesman realizes the fact
that in advertising and building up
Austin and the surrounding-country
it is also strengthening and establish
ing itself, and, while it does not ex
pect any great immediate profits from
this undertaking, it does expect to be
greatly benefited by the future grand
results that will certainly follow..
Rosadalis is a great remedy for
scrofula, and all taints and diseases of
the blood. Read the following letter:
. I have suffered 37 years with liver
complaint, rheumatism, sick headache
and disordered stomach. I was at one
time raving distracted, rubbing mv
hands and half crazy with pain. My
wire sent ior a doctor, and he attend
ed me nine months. He said he could
do me no good. I felt I was in the
jaws ot death. Another physician
took me in charge and doctored me
eightteen months. I paid him $33,
and owe him S40 more, but one bot
tle of Rosadalis did me more good
than all the medicine the doctors ever
gave me. J. II. AValker,
apabd&wlw Morris Cut, N. C.
Sleepless nights, made miserable by
that terrible cough. Shiloh's Cure is
the remedy for you. For sale by
Fincklea & Ralston. 2.
I'nclainied Express Packages.
Fackaires remainini; unclaimed at the olUce
of the Texas excess company for the week
eliding April 28.
Austin, Texas, April 28, 1883.
Money I'ackagos. Dr. John K. Ward. John
B. Armstrong, Antono Habrook, Mrs. Rebec
ca Fisher, It. G. Hubbard, Mrs. Rachel C'obb,
Wm. Krwin, Mrs, L. T. Grantham, i. v.
Doom, Fred Fry.
rreigm racKaces. is Minih, H. is. ,
E. W. Bennett, liaireio. Anifelo Beniii. M. F.
Caldwell, J. F. Chapman, C. Chambers, F. W.
Cohen, Rev. E. (. Duval, Sain Everett X. F.
tdwards, J. JU. tielielberger, 1C. hduards,
L. Eaton, A. C. Kulgham. B. F. Fly, U. M.
(Jrove, Jim Hose!!. . Hauptam, Rev. M.
Henson, G. F. miliary, Hiuh Smith. Jennie
nousion, w. .laeou, uarueiu r. u.; .1. .
Ileusal. Ed. R. Jones. C. S. Johnson. D. Jan-
sen. V. A. Kirk, B. J. Kopperl, F. C. Uncen
felser, W. F. McKie, James Moon,
Dr. J. MeKinlay, Julius Marcus,
Win. Miller, John A. Miller, I.. O. Niles,
Wilev l'arsons. F. Pillen. E. Polsado. Lewis
Ffeil'er. J. N. Rausdale. Railroad Commis
sioner. J. II. Smith, J. B. Smith, R. B. Smith,
W. E. Smith. .1 K. Sliellon, Thompson & Spin
del, L. M. Walsh, II. E. Wright, li. B. Weaver,
C D. Widntau, L. T. Weil, F. O. Wilson. J.
vvnson, u. r. earner, cnas. u. uoir, Fete
Walton. J. FAWCETT. Agent.
The followiiiEr named nersons have un-
claimed.goods remaining in the office ef the
i-aciuc express company, up to Saturday,
April 28, 18&;
J. VV. Pearce. W. Brown. B. C. Ludlow. .1.
Bascoe, B. C. Wells, P. E. McDermont, Mil-
tiuru wagon Co., W. .1. Swain, W. .S. Cora-
unan, xiuu, ieiiter v o., o. iewuiau, i. a.
Clarks, H. Palmer, J. R. J. Oliver (Bruegger
hoft), J. W. Shaw, Mrs. A. Cusick, E. Peach,
a. . riumnier, s. v. lanuian, d. M. Leonard,
R. C. Stuart, W. J. Montgomery, J.M. Keenan,
P. JI. Weldy, J. BirusteU, Mrs. E.J. Davis, J.
H. Funrerson. Tom Jones. E. Black. Geonre
H. Lee, Austin & N. W. R. R. Co., J. H. Col-
Are barnacles on the teeth; at first
creamy, then crusty, then removable
only by the dentist. It loosens the
teeth and makes the gums tender.
Don't permit it to gather; use SOZO
DONT, and keep the mouth clean
and the teeth healthy. d&w-lw
AVill you suffer with dyspepsia anJ
liver complaint? Shiloh's Vitalizer
is guaranteed to cure you. For sale
by Fincklea & Ralston. 1.
Morse's Ague Magnets are guaran
teed to cure fever and ague. Then
why suffer longer? Try them! Only
fifty cents per dozen. Monev refund
ed if no cure is effected. Sold by
Morley Bros, Austin, Texas.
Whr.t Will You Do I
The illustrated pamphlet conten
plated by the Statesman will be the
means ot advertising Austin and its
many superior advantages all over the
world more extensively and thorough
ly than all else ever done. AVe shall
make it so attractive and reliable tnat
it will be sought after. Other places
with less that is really attractive
than Austin has, have grdwn in pop
ulation and wealth by some such
means. AVhy not our beautiful city ?
Talk this over; look at it and let us
know immediately what you are go
ing to do towards it.
Doing a Great Deal of Good.
Mrs. J. Berry, of Portland, Maine,
writes: Henry's carbolic salve is
doing a great deal ot good. Some of
my friends have been greatly bene
fitted by its use. I think it is the
best salve I have ever used. Beware
of counterfeits.
'Safety the Watchword,"
Seems to be the sentiment of the cap-
itol contractors in the building ot the
railway to the capitol grounds. A
neat and substantial fence is being
erected along that line wherever there
is a cut or culvert, or otner piace
where any person or animal would be
likely to meet with an accident. This
is a commendable precaution. By the
way, the track will be laid by the
time the foundation stones are ready.
Death's Doings.
The following is the list of deaths
for last week, as obtained from City
Sexton C. K Nitschke:
April 24. Catherine Gildart, diar
rhoeaaged nine: Hester Johnson.
colored, heart disease aged 38.
April 26. M. A. Martin, old age
aged 93: AV. H. Tharp, cholera infan
tum male, aged 23 months; M. Mc
cormick, colored, consumption agea
. Anril 27. Herman Eichhorn. frac
tured skull by fall aged 34.
How few there are who are aware
That soon the gums and teeth de
cay. Unless they are brushed with greatest
AVith SOZODONT from day to day ;
For this great dentrifice, we know,
AViU keep them pure and white ?s
snow. m2 eod & wlw
Mr. A. F. Lumm, of Fort Bend
county, Texas, writes: . "Morse Ague
Magnets have cured my entiie family
of chills and fever, and that none
should be without them who are
suffering with malarial troubles in
any form." Sold by Morley Bros.,
Austin, Texas.- myldwly
Catarrh cured, health and sweet
oreath secured by Shiloh's Catarrh
Remedy. Price SO cents. Nasal in
jector free. For sale by Fincklea &
Ralston. -.. 3.
If death lie an eternal sleep.
Why doth the Spring return
To scatter flowers beneath our feet.
And the wastes of Whiter spurn?
If death be an eternal sleep.
Why aoth the buried grain
Send forth new harvests for man to reap.
Aud w hiten the spreading plain?
if death be an eternal sleep,
Why the ocean's ceaseless flow,
hile the planets all their journeys keep.
And never weary grow?
If death be an eternal sleep.
Why do we hope for Heaven,
When we approach the mercy-seat
Aud ask to be forgiven?
If death be an eternal sleep,
When will justice come
To those who toil for other's meat,
And receive but scanty crumbs?
If death be an eternal sleep,
Why did the angels go
The poor man to bear to Abraham's keep
While the rich man was in woe?
If death be an eternal sleep.
Why was man e'er born.
And why should he his vigils keep.
If there is uo coming morn?
Advertised in the postofllee at Austin, Texas
tor the week ending Saturday, April 28, 1883.
Avers, Addie Mrs
Alford, Geo F (2)
Ashton, Isaac 1
Avne. Asin
Allwell, Chas P
Aruett, Jennie Miss
Adams, Emma
Baker. Francis
Burke, J C
Beck, J A
Burke, Katie Miss (2)
Brooks, Powel
Barrow, J G
Bois, Jany Miss
Bowan, Georgia Miss
Burruss, Chas
Bass, Charter
er Clayton, S II Mrs
Carncll. Ilcury C (2)
Carter, 1C
( 'oleman, Dora Mrs
Campbell, Aaron
Croutll. B F
Davis, Lillle
Delaney, J C Miss
Burnett. A F
Buford. Thos
Beal, Jessie Mrs
Barnes, John
Baker, Lbtzie Miss
Brown, T M
Bickner. John
Burton, J Mrs
Bready, G W
Bartield, A K
Blonistergren, C A
Carter, William S
Cardenas, Evaresta
Cortez, Kmelia Miss
Charbousau, C M rs
Carter, C Mrs
Conner, John
Cox, ilaltic M
Dunkius, W D
Doxey, Thos A
Duval, B G (60)
Eruandez.A Miss
fclsore, Christ
Kvors, Henry II
Edwards, Monroe
Fillman. A'irginia Mrs
Frazer, E J Mrs
Fitley, Jake
Franks, Lizzie Mrs
Goodsou, J P
Graham, Charley
Grien, Mat Mr
Haney, Ella Miss
Home, Martha Miss
Haywood, Easter
Hemy, t.eorge
Heinatz, Mary Miss
Hamill, P H
Hutchins, J O
Edwards, Henry
Kika, Jennie Miss
Eveiua, Liddie Mrs
Forbes. Mairirio Miss
Fields, Cathy Mrs
Foster, Fatinie (col)
Farry, Jessie Miss
Fisher, Druce E (2)
Gooden, George
Gilbort, E J Airs
Graves, M E Mrs
Gerge, O T
Heard, Henry (.1)
liall, EAMrs
Horst. E
Hataway, Berry
Heinge, Paul
Hays, Willie
Moouertn, nenry
Hillver.John F
Howard, Annie Miss
Hawkins, J A
Haiyled, C W
Hancock, M Mrs
Hie, Maggie Miss
llealy, James
Hamilton, L Miss
Hansen, Mollie Mrs
Herded, Mary Miss
Jones, Annie E Jackson, A J
Johnson, Adeline Mrs Johnson, Cornelius Mrs
Jones, John Joseph Jones, Lou Miss
Johnson, Mildred Mrs James, Nettie Miss
Jewell. 1 illie Miss
Kirk. M E Mrs Kuncr. Kath Miss
Krempkan, Otto Kirby. E
Kent. E C Mrs Kingsbury, AV H
Kimble, A C Kennedy . T E
L'Vesy, S Mrs
Laniman, AVm
Laugfoot, Charles
Iicharissou, Emma
ucia, Vinago
Leavitt, James
Lone BooKer
Lyle, Nettie Mrs
Lavill, M K
eviu, M
Murray, W M Mrs
Masaey, Minerva Mrs
Mills, Addie Miss
McMichael,Jeau K Mrs
McUuarter. Jackson
Morris, James Mrs
wctteyuoius, John
Martin, E L
Monran. Man-
McKinney, Geo
McLemon, C B
Mayer, Mr
McPhersou, Wm
McGregor. W M
Mittes, Pal
Mitchell, L E
Nail, Annie Miss
Ortis, Joanna
Ottley, Birdie Miss
Peters Mrs L V
Pooder. Proctls
McFarland, M A L
Mclntue, W m W
Mackin, S
Murrill, E K
Nugent. J C
Nilson, Annette
O'Connor, Thos Mrs
O linen, Jack
Pretty, Jennie Miss
rray, i.ucy Mrs
Peterson. Anna Miss
Parris, Lular Miss
Pevey, Hand Mrs
Pratt, Nanie Mrs
Quay, Minnie
Robarch, AVm
Kliendolph, Dr
Kay, Annie Miss
Richardson, J V
Koggers, Louisa
Simmons, Norrls
Sidous, Larena Miss
Smith, Mary S
Shanes, Lucr Miss
Siddous, Miss
Splices, John
Smith, J Mrs
Saunders, E
Sturt, Charles
Scott, Annie Miss
Sanders, Dan
Temple, Juley
Thompson, Katie
Thornton, James
Kobb, Paulina Mrs
Raven, F
Itoberts, Henry Mrs
Kohbins, J W
lioberts, Henry W
Smith, Mary F Mrs
Sideus, Keua Miss
Stanselle, Lizzie
Smith, Laura M
Siddous, Rena
Stonewall, Jerdin
Schlachter, G
Smith, Emery
Schafer, A D Mrs
Steward, Ella Miss
Thompson, Mollie Mrs
Turner. Ella
Vesfery, B.en
Williams. Mollie Mrs
Wallace. S
Vilan, Antonio
Vaughn, J M
Wiley, Millie, Mrs
Walsworth. Mollie
Wilson. H B
Walter, Johanna Mrs
Wilson, Mrs J L
Washington, Henry
Wyatt, S W
Welce. G W
Wheeler, J W
Wallace, Sam
Wilson, Julia Mrs
Woods, H H
Wright, F R Mrs
Ward. Fannie B
Williams, Ellen Miss
White, Elvira Mrs
Weatherford.Annie K Wallace, Jerome
nertel,. Job
Grill, J H
Lang, O W (fi)
Stocyer, C W Mrs
Long, A M Mrs
Henry, Georgo
Hamilton, George
Duval, B G (3)
Schmidt, August
Mclsaac, John
Krause, F A
McEdwaras.Chas (2) Ekelund. J A
Rundblad, G A Palmer, J A
Schumann, Julius Soderlund, J E
Selh, C V Zimerman, alias EidensohUnp
Wiseman, Louis
Marsin J B
Rogers, Jewel
Wamock Wm
Shirk, A (2)
Ford, John F
Pollock. Wm
Lewis, B G & Co
Robinson, Bill
Black, M E
F'areuberg, O L
Hreaiy co
Persons calling for letters on this list should
say "advertised." giving date.
J. C. DkGRESS. Postmaster. ,
Abstract of Title and Real Estate 1
Office of Zimpelman & Br bgen, V
Austin, Texas. )
The following comprises a list of Travis
county property transferred during the week
ending April 28, 1883:
W. M. Wilcox to A. B. Kennedy, 307 acres
Wm. Hines league and labor. 81075.
B. J . Collins and wife to B . M. Baker, part
of lots 34. 35 and 36, block 22"4, division D,
Austin 1725.
H. L. Levy, by assessor, to R. A. Smith, 268H
acres P. J. Wyche survey. J25.55.
P. J. Wyche, heirs of, to M. C. Hamilton,
the P. J. Wyche survey of acres. 82500.
Jas. Green to Henry Hirshfeld, lot 2, block 5,
Austin. $800. I
Geo. W. Bartholomew, Jr., to Mary J. Oat
man, lot 27, block 20, outlot 27, division D,
Austin. 600.
Jos. Culberson to Nora Culberson, lot 12,
block 2, outlots 43, 44, 45, 54 and 55, division D,
Austin. $l.
Nora Culberson to Henry Williams, lot 12,
block 2, outlots 43, 44, 45, 54 and 55, division D,
Austin. 138,
Yancy Jones to D. C. Shelp acres John
Burleson league. 1, etc.
C. A. Graves and wife to C. A. Anderson et
al, 386 acres W. II. Saunders league and John
B. Walters survey. 8525 .
T. J. -"Houston and wife to R. W. Walsh,
lots 7, 8, 9, 10, 11 and 12, block li), and lots 10,
11 aud 12, block 17, outlots 13 and 2, division
O, Austin. 8I09.12K.
F. A. Anderson to S. A. Anderson, 200 acres
Wm. Harrison Survey. $400-
T. H. Miller to Robert Ralston, center half
lot 7, block 11, division Z, Austin . $19.
Harry Gilman to Amelia Brichta, Harry Gil
man pre-emption of 160 acres. $25.
J. G.Threadgill and wife to A. B. Kennedyy,
307 acres Wm.Hines league and labor. 81074.51.
Joseph Harrell to Mrs. F. B. Killough, lots
5 and 6, block 174. Austin. 83850.
Louise Horst to R. J. Brackenridge, lot 20,
block 35, division D, Austin. ftiOO.
Mrs. F. B. Killough to J. H. Collett, lots 5
and 6. block 174, Austin. $3000.
J. C. Martin and wife to J. J. Williamson,
acres Walker Wilson league. $325.
Robert Kanes et al to H. B. Marshall. 130
acres A. Eanes survey. $825.
W. E. Northcutt and wife to E. V. Peevy,
75 acres J. Chubb and M. A. Hurd survey.
Paul Pressler to Mrs. F.von Boeckmann.lots
1 ana J, oiock i, aivision r., ausiui. ju.
.Annie Hillsman to Lewis Morris, lot 4, block
67, division E, Austin. $555.
R.G. Graves to C. M. Hitchcock, lots 7, 8 and
9, block 49, Division D, Austin. 81100.
J. H. Washington to A. M. Holland, part G.
W. Spear league. $50.
Marv Wall to Robert Wells, undivided half
Interest in 213!4 acres Thomas Sharp survey,.
Weekly Report of the Enrollment
and Attendance.
The condition of the city public
s'hnnls'-fnr the wfif.k pjidinc Fridav.
April 27, 1883, as per reports of teach
ers to superintendent, is as iouows:
F.nrollment to date 1623
Average belonging .1126.2
Average daily attendance 965.4
Average daily absence 160.8
Average daily tardy 69
The Courts and State Departments,
It is the purpose of the Statesman
to give daily a full and detailed re
port of the proceedings of the various
departments of the state government,
together with accurate synopses of
the decisions of the United States and
state courts held at Austin. This re
port will embrace the opinions of the
attorney general and rulings of the
heads of departments on all questions
of public interest, and a condensed
statement of the business transacted
each day by these departments.
These reports will be set aside and
pliiced in the weekly edition of the
Statesman, thus giving the readers
of the weekly a summary of the
week's doings and proceedings and
making it indispensable to business
men, lawyers, farmers, stockmen and
others throughout the state. Mr. J,
J.Lane, of New Orleans, a gentle
man of acknowledged ability aud long
experience in metropolitan journal
ism, will hereafter edit this depart
ment of the paper.
Supreme Court.
A. II. Willie, chief justice: Hons.
Stayton, C.
I. . West, associates; C. S. Worse.
Thompson et al vs. Comstock et al:
from Wise county. Iteversed anil re
manded. I. & G. X. lly. vs. Graves; from
llexar county. Same order as above.
I. & G. N. lly. vs. llenitos: from
Bexar county.
Franco-Texan land company vs.
Laigle; from Parker country. Af
firmed. Perez vs. Perez; from Uexar coun
ty. Iteversed and remanded.
Muse vs. the state; from Travis
county. Affirmed.
Butler vs. the state; from Travis
county. Affirmed.
Fort et al vs. Powell; from Ellis
county. Alhrmed.-
II. & T. C. Iiy. vs. Marcelles; from
Grayson county. Affirmed.
Handle vs. Smith; from Dallas
countv. Reversed and remanded.
McConnell et al vs. Sawyne; from
Parker county. Affirmed on certifi
cate. v
Parker county vs. Gouts & Co.;
from Parker county. Reversed and
. Little vr. Overton et al; from Dal
las county. Refused to affirm on cer
tificate. Carter et al vs. Conner; from Travis
county. Submitted on briefs and oral
argument for both parties.
Hates vs. Thompson; f-om Travis
county. Same order as above.
This court consumed the day in
hearing the evidence in the case of the
state of Texas vs. B.rown and Pierce,
reported yesterday' as charged with
theft from Mrs. Daisy Greely and
Miss White. Hon. E, Taylor Moore
appeared for the state and Mr. C. R.
Johns for the defendant. Case con
tinued to-day.
Emma Davis and Peggie Hill, as
sault; $5 and costs.
AVm. C. Brown, for fighting; $5 and
Geo. Bock, Hugh Anderson and
Bill Hankie, for drunkenness; $5 and
Cases decided and reported to su
preme court yesterday:
Norton et al vs. Cantagral; from
Dallas county. Reversed.
Moore & Paitan vs. Wagner; from
Guadalupe. Affirmed.
Swope vs. Stunberger; from Guada
lupe. Affirmed.
Galveston, Houston & San Antonio
railroad; from Guadalupe. Affirmed.
A. J. Fry vs. Baker et al;from Gua
dalupe. Affirmed. '
Anderson vs. Sutherland, adminis
trator; from Wilson. Reversed.
Carlisle vs. Coffee & Prise; from
Williamson. Reversed.
Henderson vs, Jones; from Tarrant;
in Te-reference. Reversed, and prior
order set aside.
Amelie vs. Leeper et al; from Collin.
Huff vs. CiarK; from Wilson. Re
versed. Harris vs. Musgrove; from Atas
cosa. Reversed.
Graves vs. Hickman; from Bexar.
The district court of Travis county
convenes Monday, May 7, 1883.
The following is the order of the
docket, to-wit:
1. The non-jury civil docket will be
taken up Tuesday, May 8, and con
tinue two weeks.
2. The jury civil docket will be
taken up Monday, May 21, and con
tinue two weeks.
3. The criminal docket will be taken
up Monday, June 4, and continue un
til disposed of.
4. After the criminal docket the
ciil docket will be disposed of. A
second call of the docket will be made.
5. Motions heard on Saturdays.
To day (Tuesday) is the last day of
service for the May term.
Frank Peter, fast driving; $5 and
Frank Williams, sleeping in a pub
lic place; $5 and costs.
Sam Vance, disturbing the peace;
$5 and costs.
Minnie Curley, disturbing the
peace; dismissed. -
R. H. Brumby vs. S. Bailetti; suit
for an account of $25. Verdict for
Fifteen judgments were taken by
default in this court yesterday.
J. T. Wuck vs. Austin and North
we tern railway; suit for 8200 for al
leged injuries received in a run off
near Leander on the 26th of March,
1883. Citations issued and case set
for last Monday in May.
In the case of the state vs. F. M.
Brown and J. L. Pierce, charged with
theft of pictures from Mrs. Edna
White, Brown and Pierce were bound
over to the district court in the sum of
$600 each", in default of which they
were sent to jau.
Court of Appeals.
Hon. John P. White, presiding judge, and
Hons. Sam. A. Willson and J. M. Hurt asso
ciate judges; James L. White, clerk.
Present: Hon. John P. White, P.
J and Judges J. M. Hurt and S. A.
Willson; J. L. White, clerk.
The following causes were decided:
Brass & Co. vs. Forsterl& Co.; ap
peal from Travis county. Affirmed
on certificate.
E. C. Terrell vs. Kellogg & Co.;
appeal from Wise county. Motion to
affirm on certificate overruled.
E. C. Terrell vs. Kellogg & Co.; ap
peal from Wise county. Motion to
affirm on certificate overruled.
Andrew Graves vs. the state of
Texas; appeal from Colorado county.
Affirmed. Opinion by Willson, J.
James Williams vs. the state of
Texas; appeal from Colorado county.
Reversed and remanded. Opinion by
Willson, J.
Dud Timberlake vs. the state of
Texas; appeal from Wilson county.
John Dewees vs. thestate oflTexas;
appsal from Wilson county. Af
firmed. A. Behrens vs. the state of Texas;
appeal from Williamson county; opin
inon by Hurt, J. Reversed and re
manded. L & G. N. R. R. Co. vs Agapeto Sa-
morro; appeal trom Travis county.
Motion to reinstate tor renearing over
Will Allison vs. the state; appeal
from Hays countv. Opinion by White,
P. J. Reversed and Remanded.
James Shelton vs. the state of Texas;
appeal from Hays county. J udgment
Home bitters company vs. McDan-
iel company; appeal from Travis
county. Submitted on briefs and oral
arguments by both parties,
William Staples vs. the state; appeal
from wise county, submitted on
briefs for the state.
International and Great Northern
railroad company vs. Isaiah Johnson;
appeal from Travis county. Submit
ted on oral argument for appellee and
on bnets tor both parties.
A. D. Holly vs. the state; appeal
from Wise county. Submitted on
brief for the state. -
G. A. Mapes vs. the state; appeal
from Live Oak county. Submitted
on brief and oral argument for both
Robert Costly vs. the state; appeal
from Travis county. Submitted on
brief and oral argument for both par
r . . Uohannan vs. the state of
Texas; appeal from Austin county
(hfe se itenee.) Submitted on hriff
and oral argument for both parties
uoruen vs. tne state; irom Lave
Oak. Affirmed.
Jones vs. the state; from Travis.
A Hi ruied.
Texas and Pacitic railway vs. Morse;
irom Lamar, reversed and remanded,
Tadlock vs. suite; from Cooke. He-
versed and remanded.
Look vs. state; from Dalhis, Re
versed and remanded.
Wiseman vs. state: from llastron.
iteverseu ana dismissed.
French vs. state: from Caldwell.
Reversed and dismissed.
Williams vs. Gulf. Colorado and
Santa Fe railway; from Tarrant. Re
versed and dismissed.
McXair vs. state: from Comal.
Reversed and dismissed.
Lewis vs. state: from Favette.
Rehearing refused.
JJrass vs. i-orster it Co.: from
Travis. Submitted on motion to :if
tirm on conviction.
Terrell etal vs. Kellonsr & Co.: from
Wise, two cases. Submitted on ino-
lon to afhrin on conviction.
Allison vs. state: from Havs. Sub
mitted on briefs for both parties.
Shelton vs. state: fromllavscount v.
Submitted on brief for both parties.
Lewees vs. slate; irom Wilson
county. Submitted on brief for both
limberlake vs. state: from Wilson
county. Submitted on brief for both
partes. -
Williams vs. state; from Colorado
county. Submitted on brief for Uith
iaerrings vs. state; from w ilhamson
county. Submitted on brief and oral
argument for both parties.
international aud CJreat Northern
railway vs. Sainora; from Travis
county. Motion to reinstate.
United States District Court.
Hon. E. B. Tumor, judge.
United States vs. John H. Wash
ington. Information for violating
civil rights act. Allegations of pay
ment ot lares over the Houston and
Texas Central railroad, for account of
Laura Evans, M. T. White, Barty
Sparks and R. II. Majors, persons of
color, and complaint against Wasn
ington as conductor and other em
ployes ot the road, ot denying to them
full and equal enjovment of the ac
commodations, advantages, facilities
and privilege of conveyance," solely
on account of their race, color anil
previous condition.
there are live cases pending in this
court against Stillwell 11. Russell
two for presentation of false accounts,
two for perjury, and one for embez
zlement of $tltlti0 of United States
The Supreme Court.
TBeported by J. J. Lane.
Varner vs. Carson et al: from
Parker county. Question of recision
of contract. As a general rule mis
representations of values of property
or the solvency of third parties being
mere matters or opinion, attord no re
lief from deception; but the particu
lar circumstances of the case deter
mine in a great measure whether or
not a contract is to. be enforced, or
avoided for fraud, which is so multi
form and undefinable under general
rules that equity is required to re
dress its wrongs. An act which
would lie binding between parties of
mature age and ordinary mental ca
pacity between whom there were no
special relations of trust and
confidence, would be impressed
witn a fraudulent character it the
suffering parties were under duress
or an infant or imbecile, or if there
were relations of trust and confidence
between the contracting parties.
Free and full consent is necessary.
Where the faculties of one partv are
in any way impaired, the law requires
greater fairness in dealing, and less
proor or deception or oppression than
in ordinary cases will suffice to set
aside the contract. The state of the
mind must ue taken in connection
with the other facts of the transaction
to determine whether or not the con
tract may be avoided. Temporary
suspension of the faculties from
causes of fear or overwhelming
grief requires the strictest good
faith ' in representations made
to a party so affected, especially
when the latter, not being in proper
condition to make an agreement con
fides implicitly in the statements of
the opposing party. Inadequacy of
consideration may be of so gross a
nature as to amount' to such
evidence as will avoid a contract
between such parties, as for instance
where the price is so inadequate as to
shock the sense of justice in any cor
rect thinking mind. Plaintiff set
forth good cause for rescinding her
contract and should have been al
lowed to go with her proof before a
jury. J udgemeut reversed and case
remanded, wane, v. j.
J. D. McCamant et al vs. C. W.
Batsell; from Tarrant county. Ques
tion of account. Held. That the court
did not err in sustaining- the excep
tion to so much of defendants answer
as to set up that the note and other
indebtedness which the ' appellee
(Batsell) claimed to have paid as
surety for the defendant (McCamant)
was based upon a "gambling transac
tion" by the defendant in cotton
futures.- The answer in this respect
does not show what the real transac
tion was. Plaintiff's alleged payments
for McCamant as his surety were
stated in the form of open account.
To authorize proof of indebted
ness to be made by
the affidavit of the plaintiff
the action must be upon an open ac
count,-which is defined to be one in
which nothing has occurred to bind
either party by its statements and
whicn is open to question. it tins ue
correct the matter sued on cannot be
open account, for he liability of the
defendant, if he be the principal
debtor and the plaintiff only his secu
rity, is upon payment of the debt by
the surety absolutely fixed as to the
amount of the debt and liability of
the defendant to pay it. In the case
in question the debt sued upon is not
an -account" or "open account," with
in the meaning of article 2266 revised
statutes, w hich a plaintiff may estab
lish by his ex parte affidavit, such as a
defendant will be compelled to deny
in whole or in part under oath before
he will be permitted to introduce evi
dence to disprove a prima facie case,
which the statute contemplates may
be made by the affidavit. Judgment
reversed and cause remanded. Stay
ton. A. J.
Houston and Texas central railway
vs. Edward Kicnards. damages ior
breaking arm and leg of plaintiff.
Verdict of jury for $1000 for plaintiff
set aside and cause remanded, on the.
ground that plaintiff, who had been a
section nana on tne roaa ana was
familiar with its operations, contrib
uted to the results by his own negli
gence in walking upon the railroad
track on a dark rainy mgnt with a
strong wrind blowing in his face, and
travelling between stations, knowing
that an express train was coming be
hind him and might run uiwn him at
any moment. Commissioners report
adopted. '
Henderson vs. Jones; from Tarrant.
Report adopted. Judgment for ap
pellant. -
Clayton vs. ueneaict; irom rarner.
Judgment reversed- Stayton, A. J.
Hurt vs. Clark: trom Wilson, ite
versed and remanded.
Romelie vs. Leep r; from Collin.
Reversed add remanded.
Texas and Pacific railway conip;uiy
vs. A. F. McAllister; from Harrison
county. Judgment affirmed. Willie,
John vaudegnff vs. J. E. Piercy
from Parker county; loss of deed.
Held. That declarations merely, as to
loss of the person in whose custody
the document was at the time, will
not do; such custodian must be pro
duced or ni3 absence satisfactorily ac
counted for. Reversed and remanded
West.. A.J.
Synopsis of Opinions of the Supreme
Court, :
Parlies desiring information upou mattere
concerning the higher courts will receive such
uy writing our court reporter.l
Varner vs. Carson et al; from Park
er county. Misrepresentations of
value either present or prospective
afforded those deceived. So also mis
representations as to the solvency nnd
responsibility of third parties. The
circumstances of the case denend nn.
on whether or not the contract is to
be avoided through fraud. An act
which would not be considered fraud.
uient when perpetrated upon a per
son of mature or vhrorous ntre. anil nf
ordinary mentid capacity and between
whom and the contracting uartie
there was no relation of trust or con
fidence will be held fraudulent if th
suffering party be under duress or
weakness of intellect, or if there
be a relation of trust and confidence
between the contracting parties. A
temporary susoension of facultips
occasioned bv fear or overwhelmninir
grief is sufficient to require the strict
est guou raitii on the party dealing
With one iu such condition. . It in
good ground for setting aside the
agreement when one laboring under
ignorance, imbecilitv. riist rn nr t.h
like parts with property at such an
inadequate nrice as shocks thn aens
Of justice in ailV corrpe.t. thinL-inrr
mind. Reversed and remanded.
Voightlander et al vs. Brat.e; from .
iftV-11 .Mint,. ,...
.'w..,.. vwuiibj. VI1UC1 illllClO 1 1-,
revised statutes, in all i-ases In whieh
the district court has jurisdiction,
thiit court has full authority to ad
minister any measure of relief, what
ever, whether in law or equity, that
could at common law be granted,
either by a court of law, or iu equity.
Court of Appeals.
Jones vs. state; from Travis coun
ty. The record herein failing to con-
tain a statement cf facts, bill of ex
ceptions, assignments ot errors, or
charge of the court, and the imtlrt
niem oeing good, the judgment is af
firmed. Willson, J.
French vs. state; from Caldwell
county. Conviction for violating ar
ticle 398, P. C, requiring the certifi
cate or diploma to be liled with the
district clerk. Held, As article 3635,
revised statutes, requires the certifi
cate or diploma to be filed with the
county clerk, there is no varianee be
tween the civil and penal statutes as
to the place, and under article 6, penal
code, the civil statute must prevail
over the penal. Iteversed and dis
missed. Vil ann I
Mallett vs. Hodges et al; from La
mar county. An officer who sells
property on execution at a different
place from that named in the notice,
without adjournment to such place, '
or consent of the execution debtor, he
is a trespasser ab initio and is liable
in an action of trespass for the full
value of the property although he has
paid oyer the proceeds ofsale. The
plaintiff in execution is responsible
for the officer's acts, which he either
directed or ratified. Reversed and re
manded. White, P. J. -
Wiseman vs. state; from Bastroa.
county. An indictment or infcrnssS
tion under article 645. ncirtlf code .
must set forth, at least in substance.
the words or acts constituting the of
fense, and should, in addition to this,
charge that such were uttered or
spoken in the presence of some one,
naming thein or some of them to
whom the words were uttered or spo
ken. Reversed and dismissed. Will
son. J.
McXair vs, the state; from Comal
county. Recent possession of stolen
property alone has never been held
sufficient. Recent possession wheu
circumstances demanded an explana
tion has just been held sufficient to
sustain a conviction. Where there is
other evidence than the corpus delicti,
it may or may not be sufficient, de
fendant is not required to prove hiik
lawful possession in the strictest
OPnup ff tha urnril lai'araufl n n . 1 n
wv'..uU v. ..... II w 1 ... . IV,1 IIO'.U (UIU 1 C
manded. Hurt .1
Williams vs. Gulf. Colorado and
Santa Fe railway; from Tarrant
county. "Under the seventeenth sec
tion or our bit: of rights, notwith
standing the property itself was not
actually taken, yet if it was damaged
uy iu uuuumg ol a rauroau upon
the street adjoining, the owner can
recover to the extent of such damage."
(1 Tex. Law Review, page 8). Re
versed and remanded. Hurt, J.
Lewis vs. state: from Favette eoun-"
ty. In appellant's motion for rehear
ing he fails to set forth any new
grounds not already discussed by the
former opinion affirming the case, and '
there being no good ground, the re
hearing is refused. Hurt, J.
Edwards vs. the state; from Travis
county. Where the record contains
no statement of facts nor assignment
of errors, this court can only look to
the indictment and f-harcH of the
court, and the former being good and
sufficient and the latter presenting
fairly the law. the judgment is af
firmed. White, P. J.
Eakin vs. Home insurance com- .
pany; from Lamar county. It is not
every over-valuation of property by
the insured that will avoid a policy of
insurance. To do so it must be a
gross and clear over-valuation, such
as is, or must be presumed tobc,-
known to be such by the insured, and
not known to the insurer, and there
fore false and fraudulent. Reversed
and remanded. Willson, J.
Creswell vs. state; from Tarrant
county. There is no law compelling
witnesses in a case to comer either
with the attorney for and the defend
ant as to their knowledge of the facts.
The evidence as to the dangerous
character of deceased was properly
excluded, there being no proper pre- '
dicate laid for its introduction. Af
firmed. Willson, J.
Gordon vs. state; from Live Oak
county. The indictment being suffi
cient exceptions thereto were proper
ly overruled, the application lor
continuance was properly refused as
no due diligence was shown, besides
the desired testimony was supplied.
The evidence does not show man
slaughter or self defence. The charge
of the court was sufficient. Affirmed.
White, P.J.
Addington vs. Bryson; from Cooke
county. If error in forcing appellant
to trial, it could have ben cured by
motion for new trial, but it devolved
on the applicant to show by affidavit
tnat nis iaiiure to asK ior a continu
ance under a sworn statement at the
proper time was not his fault and
neglect and should be supported by
affidavit of the desired witness and to
the facts he would have testified to,
or his own affidavit as to these facts
if the other affidavit could not be pro
cured. Affirmed oil award,.., .-
Cook vs. stale; f ram Dallas county.
The acts constituting an accomplice
are auxiliary only, all of which may
be and are performed by him anterior
and as inducements to the crime about
to be committed. The principal of
fender may not only perform some an
tecedent act in furtherance of the
common purpose whether he be pres
ent where the main fact is to be com
mitted or not. The evidence fails to
support the verdict and judgment on
the ground of defendants guilty couir
plicity as principal offender. Reversed
and. remanded. White, P. J. -
Jones vs. state; from Travis county.
The question is did the court assess
a punishment not warranted by law,
if not, because the jury imposed upon
appellant double the punishment im
posed on his co-defendant, who plead
guilty, gives us no ground for rever
sal. Applicant having voluntariaily
allowed the juror to sit injthe case can
not now avail himself of the fact that
the juror was a relative of the prose
cuting witness. Affirmed White,
P. J.
(St-vcessors to James Martin & Son)
Boots, Shoes & Trunks,
AnHtin. Tna

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