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Fort Worth weekly gazette. [volume] (Fort Worth, Tex.) 1882-1891, December 25, 1890, Image 8

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Persistent link: https://chroniclingamerica.loc.gov/lccn/sn86088529/1890-12-25/ed-1/seq-8/

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THOSE REDSKINS
A Conflict KcportedTwo Officers
and Fifty Men Are Killed
The War Department Not Advised But
the Keport is Generally Credited
Gen Brooke Reports
Troops Ordered from Texas Are riaced n
Rather a Delicate roiltIonIndlsna
Freparlns for Flight
T1IK DKYB MOVEMENTS
Bismarck N D Ieo 17 But
littlo word is obtainable from Standing
Rook as Bn ironclnd nonlntereourse
rulo of tho military holds a tight reign
over the officials of ths military tele
graph All newspapers are out off from
any communication by wire with the
Birency The mail driver from Winona
this afternoon knew nothing more than
was published by nil morninc papers
It is learned that Capt Fetchets troops
of cavalry did not pursue the retreating
hostiles who went up the Grand river
Two troops of cavalry from Fort Linoolu
with three dnyj rations start for the
crofting of the government trail over the
Cannon Ball river about fiftylive miles
southwest of hore and will probably
establish a camp there A number of
teamsters aud wagons were sent from
horo this afternoon to follow tho troops
with supplies from the quartermasters
department
rritTIIHK lARTICULAKS OF SITTING BULLS
I1KATII
St luL Minn Deo 17 The Pi
oneer Press has received from Fort
Yates via courier to Bismarok full de
tails of the killing of Sitting Bull The
pollice were in camp over night near Sit
tine Hulls camp and in tho morning
under command of Bull Head lieuten
ont nnd Shave Head llrst sergeant
went in and made the arrest Sitting
Bull expressed a willingness to go with
them but said he wanted to get ready
first Tho two leaders went with him
Into his tont after he had ordered that
his horse be got ready While the old
chief was getting ready two bucks
wrapped in blankets enteroa the toneo
and throwing off their blankets opened
lire on the police Sitting Bulls wife
st up a howl outsido which seems to
nave been a signal for the asanult In
thG light which followed Ked Tomahawk
killed Sitting Bull several of Sitting
Bulls followers were killed and Bull
Head and Shave Head desperately
wounded and will undoubtedly die
Tho police were now surrounded but the
military arrived nnd after nn hour of
hot skirmish tho Indians took to Might
and disappeared in the timber They
will undoubtedly co to Pine Ridge camp
Trouble at Standing Bock agency is now
believed to be ovor Four police wero
killed nnd two mortally wounded Seven
hostiles wore killed
A mmKKATE FIGHT WITII IIKAVV LOSS
St Louis Mo Deo 17 A dlspatoh
from Denver says the News Iibb informa
tion from ono of its couriers that a
ruuehor had nrrlved post haste at the
camp near Rapid City bringing informa
tion that a command of oavalry had beon
attacked by Indians and two officers and
fifty inun killed but the Indians were
repulsed with henvy losses The num
ber of Indians killed is not known The
Indians were put to rout This report is
probably correot but it Is not known
whoso oommaud it was It is probably
that of Mhj Tupper of the Sixth cav
alry nnd his three troops of 140 men
Our command will march to their assist
ance tomorrow
AUMy IIKAIMJUAIITKKS NOT ON TO IT
Chicago III Deo 17 No news re
ceived this morning at army headquar
ters in regard to the reported light be
tween Tuited States soldiers and Indians
near Rapid City yosterday AdjutUen
Corhin Is inolined to discredit the news
He says a conllict under the condition
mentioned at the timo was not on the
programme He feels assured that
neither ieu Miles nor Brooke have any
knowledge of such a conflict else he
would hnve reoeived Intelligence ot it
If it turns out there was a light ho says
It will probably prove to have boen with
a dotnehment of tho Sixth cavalry un
der Col Carr
GfN BROOKES REPORT
Washington Deo 17 ien Sobo
11 old this morning received a telegram
from Jon Miles dated Long Pino
Neb December lfi as follows Gen
Brooke reports Two Strikes and IS
lodges of about 800 lnd > ans are now
camped at Pino Ridgo ngonoy These
with other Indians at Pine Ridge and
Rosebud are all that can be drawn out
of the disaffeoted camp The others are
defiant nnd hostile and all are deter
mined to go to war He hns no hope
that any othor effort at pacillcation
would be successful He estimates the
number of men In the hostile camp in
the Bnd Lands at 2 > 0 Gen Rugers
estinmto represents 200 on Cheyenno
river nnd 300 on Standing Rock reserva
tion who could have been liable to cair
b foro the death of Sitting Bull making
in all 750 meu All possible moans have
boen exhausted to retain and restrain
tho friendly ludinus now on the reserva
tions The 1C000 Sioux who have boen
restrained nnd profess loyulty should
huve positive assuranco with tho least
possible delay that the government will
perform nnd fullfll its treaty obligations
No Information has been received at
the war department in regard to the re
ported fight in which two officers nnd
fifty men aro said to have been killed
The report is discredited at the depart
ment
IN A DELICATE TOSIT10V
Special to the Gazette
San Antonio Tex Deo 17 A
peculiar state of affairs exists in the de
partment of Texas whioh will make
things awkward for a number o f officers
Ten days ago the Fifth Infantry scat
tered all over tho state was at the re
quest of Gen Miles ordered to prepare
to take the Held Two days inter they
were ordered by Gen Schofleld to go to
the department of the Platte Any
regiment in the army would bavo been
easier to gather together than the Fifth
and henco It has required over a week to
cot the companies at Fort Brown to the
railroad by a forcod march of 150 miles
Now that the regiment Is ready to move
the order has come to hold them in read
iness for further orders and it is be
lieved It will not leave Texas at all In
the meantime Gen Stanley has relieved
the officers of the Fifth of the positions
they held at their posts as they were
about to depart and appointed others
from the Eighteenth and Twentythird
regiments New oommundors of Forts
Bliss and Ringgold and recruiting officers
at the posts whero the Fifth was sta
tioned hare been named As the Fifth
will probably not go away those ap
pointed will be placed in a delicate posi
tion and all theexpense of equiplnztha
regiment for the Meld will have been
woslod
VREVAKING FOR r LIGHT
Dickinson X D Deo 17 A
courier arrived here last evening with
news from Capt Fountain in command
of the Eighth cavalry The regulators
left this point shortly after sunrise yes
terday morning with rations sufficient to
last uutil Saturday The troops met no
red men yesterday and camped last
night on the banks of the Cannonball
river near New England City
Teamsters from the south report that
Indians are encamped at White Butte
It is evident they are preparing for
llight to the British possessions in the
hope that they will not be molested
there The cavalry moved southward at
daybreak today and hope to intercept
the savages before uizhtfall They are
about fifty miles away
A detachment of infantry was ordered
to march this morning It will take a
train westward and guard all passes
along the Little Missouri through which
thereds would be likely to make an at
tempt to escape
The fugitive Indians from Grand river
camp are being pursued by Lieut Caseys
Cheyenne scouts
BURIED ALIVE
The Sickeninr Story ofa Human Beinir
Buried Before Life Was Extinct
An Awful Scene Disclosed on the Opening of
the Grave The Collin Split In
the Death Struggle
Special to the Gazette
Denver Col Deo 17 A horrible
story of a man being burled alive while
supposed to be dead Is published here
On Sunday November 30 Louis Bren
ner thirtyfive years of age an em
ploye of the South Park railway shops
was supposed to bavo died from over
indulgence in malt stimulants
His funeral was set for De
cember 2 under the auspices
of one of the local tribes of
Tbero was nothing unusual
services until the coffined
placed in the hearse Then
reason the liorse whioh hud
red men
about the
body was
for some
been used
for this purpose for years refused
THE WEEKLY GAZETTE FORT WORTH TFXAS THURSDAY DECEMBER 25
to go
and became so unruly that they
HAD TO Bl CHANGED
for another team When the cortege
was ready to move tho horses of Henry
Speck one of the mourners positively
refused to move and he was obliged to
procure another animal To add to the
list uncommon and uncanny events a
runaway team orossed the funeral pro
cession on the way to the River
side cemetery and collided with
a buggy containing two of tho
friends of the deceased The men
escaped injury but the buggy was badly
damaged Arriving at the cemetery the
collin was dropped from the hearse by
blunderjng attendants to the disgust of
the mourners Another and more sick
ening uooident awaited As the coffin
was being lowered into the grave one of
the ropes broke nnd for a moment the
people were horrified by seeing the coffin
standing on end in the grave Accord
ing to the burial services of the red men
it Js provided for the liberation of a dove
from a small box
rucrD on the coffin
just as tho llrst handful of dirt is thrown
into the grave This was Anally done
After the coffin had been properly placed
in the grave with a feeling akin to su
perstitious terror some of the mourners
saw the dove flutter from its cage and
alight at the very edge of the
grave It would not take wings
until frightoned away by the
men who piled the dirt over
the narrow home of tho deceased There
were unusually thoughtful faces In the
procossion that wended its way slowly
from the city of the dead The more su
perstitious began to ponder over the
matter and finally decided to disinter
the remains This work was done ono
week ago last Sunday and to their un
speakablo horror they discovered as soon
as the lid of the coffin box was raised
that tho coffin Itself was split and the
glass in
THE COVER WAS BPOKEN
as if the dead bad oome to life and in the
unutterable agony of a realization of bis
position had struggled with the mad des
peration of hopelessness and helplessness
to free himself from the very grasji of a
death whose horrors can be but feebly
imagined by the living The coffin lid
was raised and the full horror burst upon
them The body was lying on its face
The linings ot the coffin had been torn
to shreds The hair was pulled
out of the head The arms were bent
and tho hands so tightly clenched that
the finger nails had been sunk into the
flesh The face of the dead was dis
torted from the awful struggle through
which the man had passed and the
ohooka showed that in his frenzy
the man entombed alive had dug
his nails deep into his flesh Horror
stricken at the discovery they bad made
the friends first made sure that life was
indeed extinct and then replaced the
id of the collin refilled tho grave and
left the place
t
RAISED THE FRACTION
The Flenres on Cotton Tickets Raised from
811 to 3 34 Boy and Horse Arrested
Special to the Gazette
Bonham Tex Deo 18 W M
Belcher a farmer living fifteen miles
south of this city sold cotton to Joe
Moss one of our cotton buyers The
tickets were made out for 8i o and
Belcher ohanged them to 8 o He
cashed them at the cashiers office and
left the city As soon as discovered a
complaint was filed charging him with
forgery Deputy Sheriff Holland went
after him and caught his man and plaoed
him in the care ot Sheriff Chaney
Today Sheriff Chaney received a letter
from the sheriff of Raines county telling
him to look out for a boy fifteen yonrs
old riding a black pony mare and to ar
rest him but not put him In jail until
his father arrived Sheriff Chaney
caught his boy this morning and has
him now in charge of a special deputy
awaiting the arrival of his father
Struek by a Cannon Ball
Special to the Gazette
Bivens Tex Deo IS Lae MoAd
ams a young man working at Bivens
Tenable Co s planing millwas struck
and fatally injured by the Texasand
Pacific fast cannonball train No 5 at
this place today He is supposed to
have been drinking and went to sleep
sitting on the ties
The original Webster Q atfetdjhrlin
ary and rt jM0MsMll MI year
jfipP ici onary shipped prepaid
3rfxpress qux nearest the subscriber
CAUSE CELEBRE
AttorneyGeneral Hopes Argument on
the International Bond Case
Clear Presentation of tie Cue onBehalf of
the state Seasons Why the State
Should Intervene
Special to the Gazette
Tyler Tex Dec 1 Following Is a ver
batim report of AttorneyGeneral Hoggs argu
ment on the International bond case delivered
before the supreme court at Tyler yesterday It
Is a clear presentation of the case on behalf of
the state and sets forth in formidable array the
reasons why the state should interfere as an
intervenor and why the bonds should be de
clared invalid It Is as follows
Argument ot AttorneyGeneral J S Hogg in
the supreme court at Tyler in the case of the
State of Texai appellant vs the Farmers
Loan and Trust Company and the International
and Great Northern Railroad Company appel
lees
STATEJJEWT OP TnE JCATURE ANDEESCLT OP THE
ACTIOS
This was a ault instituted in the district conrt
of smith connty Tex March80 1SS9 by the
Farmers loan and trust company as plaintiff
against the International and Great Northern
railroad comDany as defendant to recover the
sum ot 510319000 due upon certain second mort
gage bonds alleged to have been issued and sold
by said railroad company and applied to the
construction and operation of its road and to
foreclose the mortgage upon all the property
and franchises of said company alleged to have
been executed by said company to plaintiff as
trustee to secure the payment of said bonds
There was a prayer for the appointment of a
receiver and receivers were appointed to take
chaTge of and operate the mortgaged property
under the direction of tho court during the Ten
dency of the case prayer for judgment far
amount sned for and for forclosure of mortgage
and sale of the property to satisfy such judg
ment and for costs of suit and general and spe
cial relief
The defendant company on September 2015S9
answered by general demurrer and general de
nial
On September fi 1SS9 the state of Texas was
by order of thdconrt permitted to intervene in
said suit
Admitted as a party to the action the state by
its plea of intervention challenged the validity
of the mortgage and bonds sued on for various
reasons prayed that they each be canceled
that the owners and holders be prohibited from
negotiating them that the corporation and its
receivers be restrained from paying them and
for general and special relief
On September the ISth ISS9 plaintiff filed ex
ceptions to the statos plea of intervention and
moved to strike it out
On February 29 1690 the court upon a hear
ing of plaintiffs exceptions and motion to strike
out the states plea of intervention overruled
the same and permitted the state to remain a
party to the action
The case was thereupon continued to the fall
term 1KI0
On October 6 lSOO the case being called for
trial plaintiff moved the court to take a non
suit which was by the court permitted adjudg
ing the plaintiff to pay all costs of the proceed
ing and all the other parties to go hence without
date to all of which the state in open court
then and there objected ana protested and
asked to be heard on its plea 6T Intervention
which being refused the state excepted and in
ocen court gave notice of appeal to the supreme
court ot Texas filed its bill ot exceptions and
assignment of errors and now brings the case
to this court for revision
ARGUMENT
The first question to be considered here is
Sid the court below commit an error in permit
ting plaintiff to take a nonsuit over the protests
and objections of the intervenor Adhering to
the 3trict language of the statute which when
so plainly written every litigant should have the
right to rely on with implicit confidence for his
protection there can be no doubt but that the
court violated the law in dismissing the case
It expressly says that at any time before the
ury have retired a plaintiff may take a nonsuit
I tut shall not thereby prejudice the right of au
adverse party to be heard on his claim foraffirm
ative relief The claim for affirmative relief
referred to in the statute is not defined nor lim
ited to any particular conditions A plaintiff
can take his nonsuit but if there is
a claim for affirmative relief by an ad
verse partv his right to have that claim
heard and determined by the court in that case
ought not to be denied in the face ot express
statute The facts when developed before tho
jury or the court would settle the question as to
the merit of such claim Then it seems this
court In passing on the question raised would
have to consider two things First was there
an adverse party in the case asking to be heard
on a claim for affirmative relief Second was
that claim prejudiced by the nonsuit
The pleadings clearly show that the state was
seeking affirmative relief in the case bv cross
demand on the plaintiff and the action of the
court in permitting the nonsuit shows that the
state was denied the right to have the claim
tried on the facts Certainly that action preju
diced the right to have that claim determined
because it forces the state to the disadvantage
of having to resort to other remedies or courts
for the relief it sought by Its plea therein Tho
and efficacy of such a statute has never
een more strongly demonstrated perhaps than
in this case For the one time in the history of
the country foreign bondholders have sought
to recover judgment in a state court upon
a public highway for an enormous amount of
money The demand thus set up by them was
met by the state upon the charge that it was in
express violation of her constitution and laws
and created without benefit or consideration to
the corporate property or to the public but for
a speculative purpose which If established
would impose unjust burdens through corporate
franchises upon the public
If tho claim were a just and honest and not a
fictitious ono then the law afforded ample pro
tection to the plaintiff which Texas courts will
always see given At the time when that issue
could be nettled without further delay a nonsuit
was taken If that is permitted to stand a pre
judice to the states right to have its adverse
claim settled is apparent for it is reasonable to
suppose that the plaintiff would seek to recover
a judgment in some other court By this the
state might be denied Its right to defend an ac
tion or perhaps be put to the inconvenience of
defending in a multiplicity ot suits brought by
the various bondholders in their own individual
separate right
It may be contended with much force and on
good authority that the withdrawal of the
pleadings filed by plaintiff wis a waiver of all
objections to the pleadings of tho state iu the
case and an admission that it had pleaded a
good cause of action The issue was sharply
drawn and it is but natural that plaintiff
would have taken ajudgment by default had it
not been for the states defense The mere
fact of a nonsuit at that juncture m the face
of the allegations made by the state is tanta
mount to the confession that there was danger
in meeting it It the defense was well founded
was it snrn a right 1 odged in the state as could
be prejudiced by any action of the court If it
was then the nonsuit was error Logically
this leads to a discussion of the underlying
question in the case towit
Has the state the right to enter her courts for
the purpose of having bonds that have been il
legally issued by a railway company canceled
or the right to prevent the compmy from exer
cising its corporate powers in the payment ot
fictitious debts at the expense of the public
It seems to be a well settled doctrine that the
rules ot construction as to the powers of muni
cipal and railway corporations are the same
and that the rule that a corporation has only
power to do such acts as its charter considered
in relation to the general law authorizes It to
do applies to every class of corporations R
R Co vs Morris etal 67 Texas 69J
In the case of May vs the City of Detroit 12
Am Law Beg 149 Justice Cooley rendering
the opinion held That the attorneygeneral
has the right to enjoin in equity the abuse of a
corporate franchise as for Instance the pay
ment of money by a municipal corporation on a
contract made in disregard of its charter And
in further discussing the question he said It
is the right of the state at all times to keep the
grantees ot its franchises within the limits pre
scribed In the grant and public policy in gen
eral requires that serious departures should not
be overlooked even though the parties Injured
having an opportunity to act do not complains
for one abuse becomes a precedent for another
and the attorneygeneral does well to interfere
when a municipality assumes to do injurious
acts which the state in conferring the power to
act at all has expressly prohibited
In the case of the AttorneyGeneral vs the
Great Northern Railroad company cited in this
brief it was alleged by that officer among other
things that the company was chartered for the
carrying of passengers and also coals for coal
merchants and others and then It alleged
which was the ground of dispute that the com
pany also dealt largely in coals buying and
selling In competition with other coal mer
chants that they endeavored to conceal that
fact by certain contrivances but that fa fact
they acted as a company as coal merchant to
an enormous extent and he in behalf of the
public prayed that the company might be re
strained from employing its fund for such Dull
ness The fact ot the trading was clearly
proven The issue was sharply drawn before
the conrt as to the right of the attorney
general to interfere to keep com
panies of that kind In order or to bring
such an action at all In passing on
the question the learned judge in the ca e says
On this point I entertain no doubt whatever
that wherever the Interests of the public are
damnified by a company established for any
particular purpose by an act ot parliament act
ing illegally and in contravention of the powers
conferred anon it I conceive It as a function
and duty ot the attorneygeneral to protect the
Interests of the public by information and that
where in the oaso of injury to private interests it
was competent for an individual to apply for an
injunction to restrain the company from using
those powers for purposes not warranted by the
act creating it it Is competent for the attorney
general incase of injury to the public interest
from such cause to file an information for in
junction Where it is to the interest ot the
Eublicto prevent an illegal act such as this
eing committed it is competent for the attor
neygeneral to file an information to restrain
it See Drewry fimales EngJ Bep vol 1
p 151
This principle has Sever been changed and
should never be In that case the corporation
performed its functions to the public by carry
ing passengers and coal but it exceeded its cor
porate powars by the use of its fnnds for buying
and selling that article It indeed was a com
petitor with coal merchants The attorney
generals action was to restrain it from the
abuse ot its corporate franchises in nsing its
funds for other than corporate purposes as a
competitor in trade with business men
In the case at bar the railway company with
out debt or corporate demands executes bonds
in violation of the constitution and laws of the
state I hey are therefore void in the hands of
anybody By collusion with the stockholders
and others it seeks to have these bonds estab
lished as a fixed charge upon Its property by
decree of the court The attorneygeneral en
ters the state as a party claiming the right to
prevent the abuse ot the corporate franchises in
that way contending chat to pay the enornous
judgment sought to be recovered by reason ot
these bond3 would Involve the exercise of the
corporate functions to the damaire of the public
If therefore the attorneyneneral in
England could restrain a corporation from
the use of its funds In the coal trade why can
not the attorneygeneralln Texas restrain a cor
poration from using its corporate powers to
raise funds to pay a debt it never owed The
one was prevented from engaging in a business
that might have been beneficial to the public to
the injury of the companys competitors in the
coal trade The other was to benefit no one ex
cept private narties who hold claims in express
violation ot the constitution and to the injury of
the public
This English case is asonndprecedent offered
for the one at bar And it in connection with
the AttornoyGeneral vs Railroad Company 33
Wis 472 which sustains that officer in his
action to restrain railway companies or that
stato from excesses or abuses of their franchises
in violation of public laws is cited with much
confidence in support of the states right of
action herein By analogy also the case of the
State of Texas vs the Gulf Colorado and fcanta
Fe Bailroad Company 72 Texas p 401 decided
by this court is a good precedent for this one
In that action the state by Injunction restrained
several railway companies from violating her
onstitutiou and laws mainly what is attempted
nere to do
In the famous Dartmouth college case the
principle was established which is now yielded
to by all the courts that a charter is a contract
between the government and the incorporators
who accept it No doctrine has ever been re
ceived with more favor by the corporations than
that one Now then the state alleges that it en
tered into a contract with the International and
Great Northern railway company to the effect
among other things that the company would
not execute any mortgage issue any bonds or
incur any indebtedness except tor money paid
or property or labor received and applied to the
construction completion equipment working
or operation of the lines of railway named in its
charter aud that it would carry the traffic of the
country at a low rate It alleges many obliga
tions of the company on the performance of
which its part of the contract rested The alle
gations were full of the particulars in
which the conditions of the contract
would be impossible of performance if
the judgment of the court should
be rendered establishing those bonds as fixed
charges upon the road If therefore the char
ter is a contract entered into by the statr as a
party to it with the International and Great
Northern railroad company the obligations
whereof were aboutto be violated by the com
pany had not the state the right to enter its
own courts to prevent it If it could move to do
so by an independent action for that purpose
then what is in its way to the accomplishment
of that end as an intervenor in a suit already
pendingl It the contract gavo her rights that
could be asserted in court there is no reason
nor law why she should not enter any pending
case as a party to protect them
Aside from her rights arising under a contract
the stato possesses higher privileges as a sov
ereign who alone can protect the public against
the abuses that flow from corporate mismanage
ment She created that railway company as a
public highway It was made so by the consti
tution Its purpose was intended for the public
good as well as for private rain within the lim
itations which necessarily surround all corpor
ate enterorises of a public nature Under the
constitution and the laws and by the charter the
state granted that railway company powers and
privileges beyond which it could not go
It is an elementary principle that the powers
of a corporation organized nnder legislative
statutesare such and such only as those statutes
confer
It therefore remains that the charter of a cor
poration is the measure of its powers and that
the enumeration of these powers implies the ex
elusion of all others
Now then expressly set forth and alleged in
the pleadings minutely and in detail in refer
ence to the bonds in question are the powers
conferred upon the International and Great
Northern railroad company by the state within
none of which did the right to execute such
bonds ever exist The pi untiff failed to meet
the issue but took a nonsuit virtually confess
ing thereby the correctness of the states alle
gations
There are but few powers that can be exer
cised with more damaging effect upon corporate
property or the public than the one by which
debts aro created To pay debts the corpora
tion must have funds To procure funds it must
levy a tax or rate upon the traffic which it car
ries As a sequence therefore its traffic rates
must grow in proportion to its indebtedness so
as to raise funds necessary with which to pay
it If the indebtedne s is light a low rate on
tho traffic only may be demanded If it is heavy
necessarily the tax rate must be increased to
pay it The levy of a traffic rata ts a sovereign
power delegated by the state to the corporation
npon express or implied conditions The issu
ance of debt obligations involves the exercise of
that power so vestedand ir that power is abused
the corporate property suffers and tho charter
contract is violated If the corporate property
suffers the public is to that extent injured and
should have its remedy
The constitution expressly requires the attor
neygeneral to take such action in the name of
the state as may be proper and necessary to pre
vent any private corporation from exercising
any power not authorized by law The conten
tion of appellant is that tho appellees claim Is
an illegal and unauthorized ono that it requires
the exercise of corporate powers and action to
pay it that an increase of the traffic rates on the
railroaa would become necessary to do so and
in that particular ths public would be affected
and injured by acts in violation of the letter and
spirit of the law
The court will observe that as to said bonds
the state contends first that they were pro
hibited by the express provisions of the lawand
second that they were not authorized by any
law If there had been no express provision
against the issuance of such securities they
would hare been void if tbey involved the ex
ercise of corporate power unless they were au
thoriredlaw If that can be established why
should not the corporation be restrained from
paying them
Again the purpose for which indebtedness
can be incurred by a railway company is limited
to such sums of money as may be necessary for
constructing completing improving or oper
ating the railway and the power to incur it
must be exercised by a corporate board of direc
tors legally elected In the case at bar the state
shows that the bonds were not issued by any
board of directors authorized to act nor for any
of the purposes expressly pointed out in the
statute but that they were creatures of a specu
lative scheme to fix burdens unon the public ex
clusively for private gain With notice of these
facts to the owners before buying the bonds
why should they not be canceled
If the state Is not interested as a party to the
charter contract or as a defender of the public
interest in holding the corporation to its legal
obligations and within its corporate powers
then what party can be She alleged that nei
ther of the receivers nor the corporation nor
the stockholders would make defense but that
they were colluding for the pnrpose of fixing the
bonds as a debt upon the road by decree ot the
conrt
No sane man can doubt that a railway debt is
a public burden and that all public burdens
mnst be discharged by taxation in ome form
The state the county the city issue their bonds
and levy ta tax to pay them A railway com
pany issues bonds to pay which it collects a toll
from the traffic of the country which it carries
Bo it goes it a connty or a city issues bonds
without express authority they are void It
they issne them beyond an amount authorized
by law the whole or the excess thereof is in
valid according to the conditions affecting them
If snit is brought npon void bonds against a
county or city and a final judgment is rendered
thereon who then could refuse to pay
the tax to meet this established debt
Who could Inquire into the facts
on which that Judgement was rendered Usually
no one By what authority therefore can a
corporation in charge of a public highway en
dowed with the power freely to collect a toll
from the trafno it carries to meet its Just de
mands issue a fictitious debt binding npon the
public if established by a judgment that could
stand in more favor with the law or courts than
one ot like kind executed by a rnunicipal corpo
ration They derive their powers from the same
source and must exercise them within prescribed
limits or their acts are equaUy ultra vires
It is trailed that this conrt In considering the
anestlons herein raised will not follow too far
ie illusory phantom commonly called inno
cent purchaser for the trial court should not
be denied a view of a character whose pretence
is always so inseparably connected with such
transactions as are here in issne
Another reason that may lead more forcibly to
the conclusion that the state is the proper
party and hat the right to the relief sought in
this case is this Toe constitution declares
that railways are public highways and requires
the legislators to pus laws establishing reason
able maximum rates of charges for the transpor
tation of passengers and freight carried by
them It is a well known fact to this
court that railway corporations have
seriously contended and that some courts
have held thai when the legislature performs
its duty in fixing a maximum rate it must be
high enough to afford a return sufficient to pay
for the maintenance of way for the operation
of tho road the expenses of management in
terest on debt and leave something as compen
sation to the stockholders If this doctrine
Bhonld ever be established as correct which
seems now to bo the determination of some
writers in high authority on the subject then
anyone can see the absclnte necessity of some
power being vested with the right to inauire
into the justness and validity of the debts on
the public highways If the state is denied that
right then who could exercise it Not the cor
poration because it could not taae advantage of
its own wrongs Not the stockholders be
cause they have received the fruits of the
illegal acts and in a short whits are estopped
by their laches Not the directors for they are
bound by the will and acts1 of the stockholders
Not the citizen because he is not a privy to the
contract Then who eould do it No one
Hence to avoid the effect of the just and rea
sonable rate prescribed by the legislature and
to maintain a high one for tbe transportation ot
the traffic by the common carriers they would
simply have to increase their indebtedness by a
fictitious issue of interestbearing bonds If the
state could not have them canceled Or prevent
their payment the public would surely be at the
mercy of rapacious private individuals endowed
with the taxing privilege as a corporation be
yond the power of the government itself
BEAUTIFUL SNOW
East Tennessee Yinrinia
Pennsylvania Covered
and
The Depth llanges From Six Inches to
Three Feet and Still Snowing
Business Deadlocked
The Greatest Calamity Threatened Should the
Thaw Be a Suddea One In the Moun
tainous Bretons
THE STOItM OVEtt AT nTTSBURG
PiTTSBUPr Pa Deo 18 A great
snow storm is over business has Hpriin
resumed and no more trouble is appre
hended as Ions as the snow lies on the
ground A sudden thaw or heavy shower
would cause a disastrous flood as there
are from eighteen inches to three feet of
snow on tbe mountains and throughout
Western Pennsylvania Tbe railroad
blockade has been raised and all trains
east and west were nearly on time this
morning Telegraph wires are some
what crippled but tbe comcanies are
getting them in shape very rapidly and
before nigbt will be able to handle busi
ness without delay Street cars are
again running and electrlo light tele
phono are alarm and police telegraph is
In operation as usual
IN EAST TENNESSEE AND VIRGINIA
Kxoxviixe Tens Deo 18 Roports
received here show a very heavy snow
fall over tbe mountain countries lying
south along tbe North Carolina border
The snow ranges from six Indies to three
feet deep and has been falling since
Tuesday noon or even longer
In Southwest Virginia the snow Is very
heavy at Brystol Yesterday no trains
on the Norfolk and Western railroad
were able to got through and tbe sched
ule has been abandoned as tho road is
buried in snow
In East Tennessee the snow was from
sis to twelve inches deep At D oclock
this morning it was eigbt inches on level
at Jackson City and twelve Inches at
Brystol and still falling at both places
WANTS IT CORRECTED
Hon
E Wpde Corrects Certain Reports Con
ceralns nil Actlen at the Ooala
Convention
NAsnviiXE Tkjtx Deo 18 Hon
E Wade secretary of the state Demo
cratic exeoutive committee and holding
a similar position In the State Farmers
Alliance who was delegate to tbe Ocala
Fla convention said here today In
an interview with an American reporter
tbat he tad been grossly and unjustly
misrepresented in tbe dispatches from
Ocala in regard to tbe alleged resolution
binding every m mber of the Alliance to
subsoribe to the platform of tbe order
and support no man for office wtio
does not subscribe to these prlnoiples
lie says no suoh resolution was offered
by himself or any other delegate to tbat
convention This report has created a
great interchange between Democrats
and Alliance men of this and adjoining
states Mr Wade says So far as my
Individualities are concerned they
amount to but little but as I have been
plaoed before the country in a false atti
tude and the press generally have se
lected me as a target I deem It due my
self to say tbat my views bave under
gone no ohange relative to tbe demands
to tbe Alliance I am not in favor of
tbe subtreasury bill of tbe government
ownership of railroads and telegraph
lines nor any other demand tbat plaoes
the organization in tbe attitude of sub
scribing to a policy of centralization
and government paternalism Tbe Ten
nessee delegation at the Ocala meeting
whioh was composed of Governoroleot
Buchanan J H McDowell W C
Ligbtfoot and myself endeavored by all
honorable means to bave the national
organization adopt a broad liberal and
conservative polioy so that we could go
before the country with tbe motto in
scribed on our banner Equal rights
to all and special favors to none We
were also unalterably opposed to any
thirdparty movement and agreed
among ourselves that It this Issue was
foroed we would retire from the body
However no attempt was made looking
to this and whatever action was taken
by tbe socalled reform press after the
adjourning of tbe National Alliance cuts
no figure so far as the greatness of the
order is conoerned and I apprehend that
no member will consider for a moment
tbe aotion of tbe members for tbe press
as binding in tbe remotest degree on
other individual aotion on a public ques
tion
STEELES VETO
Ha Eits On the Kingfisher Capital BUI and
Fays Fraud Existed
Special to the Gazette
GcTnRrz 0 T Deo 17 Governor
Steele vetoed tbe Kingfisher capital bill
today and rebuked the legislature say
ing evidenoe of fraud exists and tbat
proper attention to same will be had
later on
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To tlie Gazette
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Nasvihue Tnsv Aug 20 1
The Democrat Publishing Company Fort Worth Tex
Tub Gazettes WcbBters Dictionary is all yoa claim for it truly a marvel of the bootmakers r
and equally as good for all practical purposes bus the hlghpricea eaition as nearly everj word th l
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Ban Astowio Tex Aug 191S3
Ths Democrat Publishing Company
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Democrat Publishing Company Fort Worth
Gextlemem I received your Unabridged Dictionary on time and appreciate it very highly I
would not take twice the money it cost me for it Very respectfully Jas M Wells
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Cross Cut Browx Coontv Tex Auc H lSSO
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times what it cost It is everything that The Gazetts claims for it Usee my hams if you wish
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Reoenct Tex Aug 151OT
Reoeieved tho Websters Unabridged Conaidsr it the cheapest book I ever bought it is a marvel
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WORTH MORE THAN IT COST
Glen Rose Tir Aug S 1 W
The Fort Worth Gazette Tort Worth Tex
The Gazettes Original Websters Unabridged Dictionary is all you claim for it aad worti
much more than the price paid without counting a years reading of tho best Democratic paper is
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PLEASED BEYOND EXPECTATIONS
Mansfield Tex Aug 91S3
To the Gazette
Dear Sirs We have examined your Websters Unabridged Dictionary and will say we r
leased beyond expectations would not be without It for ten times th cost We remain yourl
ruly J H Blastos
E K Frederick
WORTH THE MONEY
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The Gazette Fort Woth Tx
As a cheapedition Tna Gazettss Original Websters Unaoridged Dictionary ii worth wha
paid you for it I have owned a Worcester Unabridged for about twenty years but hare alvrsy
wanted a Websters Very respectfully J rr Bowbes
JUST AS GOOD AS IP HIGHPRICED
Boxbam Tex Aug 9 IS
To the Fort Worth Gazette
After a cursory examination I can say that I am well pleased with TnE Gazettes Original weo
sters Unabridged Dictionary I think it Just such a book as should be in the hsnds of every earneil
seeker after knowledge and no well regulated library can be complete without one and the un
paralleled offer paces it in the reach of all and I will say to those wishing a Dictionary that taey
will And The Gazettes Dictionary to be just as gooi as higherpriced works and In addition to
getting one of the best Dictionaries at a nominal low price yon get one of the best papers now
circulated in our great state Yours truly R CBraoo
WELL PLEASED WITH IT
Colorado Tex Aug 91S30
Gaxette Fort Worth Tex
Gbstuemex Am well pleased with Websters Unabridged Dictionary sent with Weekly GAiffrrs
Yours truly F L Dearborve
COMMENDS IT TO ALL
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Fort Worth Gazette Fort Worth
GestlemexI received theOriglnal Websters Unabridged Dictionary I am well pleased witn
It I would commend It to all weo wish a cheap standard up to the time of Its revision I know
many can get itwho will not mak the outlay tor an illustrated and revised edition I ToaH
Tery truly etc C C Powrll
It is a thousand times better than those trashy dictionaries so much advertised by 0
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A Kopperl Tex Aug IS ls
The Desaocrat Publishing Company Fort Worth Tex W t iit
Gbxts The WebstersTJnabridged Dictionary was received iffllue time and I have 3 n
andsmwellpleMssJMisssssWiltis one ot the best premiums that T have seen offered wita am
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