Tri-Weekly State Times. (Austin, Tex.), Vol. 1, No. 38, Ed. 1 Thursday, February 9, 1854 Page: 4 of 4
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Hall, in Memphis, showing the cost of
the stocks of 2,268 miles railroad:
Railroads. Cost per mile. Val. stock. M'ls.
Concord $42,453 108 85
Nashua and Lowell 42,314 107 15
Vermont and Canada 31,890 101 47
Boston and Lowell 11,244 104 28
Boston and Maine 48,107 106J 83
Boston and Worcester 70,231 104£ 69
Eastern 41,605 107 75
Fitchburg 55,055 102 62
New Bedford and Taunton 25,024 117 20
Western 65,217 102 155
Hartford and New Haven.. 48.387 124 62
New York and New Haven 74,240 107 61
Albany and Schenecteday 104,388 135 17
Buffalo and Rochester 30,573 182 70
Buffalo and State Line 27,700 128 69
Rochester and Syracuse... 32,570 156 184
Syracuse and Utica 50,214 180 53
Utica and Schenectady 51,273 195 78
Watertown and Rome 16,503 109 96
Camden and Amboy 97,576 149 65
New Jersey 104,700 141 31
Erie and North East 37,600 125 20
South Carolina 28,935 125 20
Georgia Central 19,811 102 192
Cleveland and Columbia... 27,074 135 180
Cincinnati, Ham'n k Dat'n 43,323 115 60
Madison and Indiacopolis.. 27,044 102 88
Galeno and Chicago 21,007 136 92
The result of this table is, remarks a
Contemporary, that the average stocks of
twenty-eight railroads, the most costly
of construction and equipments in the U.
States, being 2,268 miles in length, and
costing an average per mile, for road and
equipments, of $46,88-3, is 25 per cent,
above par, their dividends justifying such
value. This is truly encouraging to our
leading roads connecting with New Or-
leans, costing less than half that sum, and
promising greater business.
is adorned by but one relic of his former
greatness—that pair of scissors which
were presented to him once upon a time
by us and our fellow typos. We regret
to say they have been turned to ajj un-
holy use, for his good "better half" ap-
propriates them to cutting button-holes
in the ex-editor's bree—excuse us—un-
mentionables. Shades of Greely and
Father Ritchie—the pride of the sanctum
cut button-holes!
abstract of the
OPINIONS OF THE SUPREME COURT.
Reported for the Times by Messrs. West & Greek,
ATTORNEYS AT LAW, AUSTIN, TEXAS.
AUSTIN, FALL TERM, 1853.
1
Banks.
The Louisville Democrat published the
following on this subject. Any thing
coming from an able writer, who has seen
the workings of banks in old and well
regulated communities, deserves atten-
tion. If such communities as those to
be found in Kentucky, after years of
trial, have not yet hit upon a system of
safe banking, what could Texas with her
sparse, heterogeneous population expect,
were she to venture upon a similar expe-
riment. Not that the people of Ken-
tucky are any better, more honest, or
more wise than ours, but that they have
had the advantage of a longer existence
&s a body politic, more experience in fis-
cal affairs, and have the benefits of prac-
tical illustrations of the matter.
Here is the article:
We see that the Governor does not
think it expedient to increase the bank-
ing capital of the State, and we believe
he is right. We don't think an evil is
to be made less by having more of it.—
It is true that banking is a profitable bu-
siness ; but it is only profitable to the
banker; the people make nothing by such
institutions. There is a constant loss to
the community upon a paper currency;
and the more banks, the greater that loss.
It is alleged that we have not money
enough for the business and property of
the State; but we dissent. Money may
be scarce—we never saw the time when
it wasn't scarce—but it is a fact that any
one can get money who has anything to
give for it. Prices of property are high,
and sale3 are readily made; and there is
no evidence of a want of currency or mo-
ney. We grant that our present bank-
ing system is the worst that could be de-
vised or tolerated. A general banking
law, with the note-holder secured by good
stocks, would be far better; but these
free banks would be only lesser evils, and
we don't see that they would mitigate the
greater ones of the system we have at
present, and can't get rid of. It is all a
mistake to suppose that an increase of
paper currency will add anything to the
wealth or business of the country. The
banks we have are of no use, except to
the stockholders. They produce noth-
ing; they are consumers. They make
their profits out of the industry of the
country. The people support these es-
tablishments out of their hard earnings ;
and it is all a fallacy that they get any
return for it. We never would vote for
a bank of issue, free or not free; for we
consider it only licensing a business that
taxes the community for its support.
Desecration.—Cave, of the Nacog-
doches Chronicle, has been peregrinat-
ing in Cherokee county and environs.—
He gives a description of a night with
an ex-editor, and of the desecration of an
editorial implement:
We spent the night at Linwood, under
the hospitable roof of the ex-editor, J. C.
Harrison. Eso. His retreat at Linwood
connel, guardian
vs. V Caldwell co.
Chandler, adm'r., et al. J
Wheeler, Judge.
Where a portion of the proceedings
of the Probate Court were improperly
brought into the District Court by cer-
tiorari, but were afterwards made the
grounds of exception by the defendant,
these proceedings were rightly copied in-
to the record by the clerk in making out
his transcript for this court.
There is no necessity that an applica-
tion should be made to the Chief Justice
to fix the allowance for the widow or mi-
nor children, for the Statute (Hart. Dig.
Arts. 1153 and 1154) makes it his abso-
lute and imperative duty to do so, though
it would be proper that application should
be made, and the requisite information
afforded the Chief Justice, in order that
he may be enabled to discharge his duty.
All parties in interest whose rights are
to be affected by the decree, must, as a
matter of course, be parties to it.
In a suit to revise or correct the pro-
ceedings of the County Court, or to set
aside an order of sale, a particular de-
scription of the property sued, whether
land or not, is unnecessary, however im-
portant it might be in an action of tres-
pass to try title.
It is the right of a party to amend,
subject only to the qualification, that the
amendment be proper and in proper time
the leave of the Court is a matter of
course; its only object is to give notice
of the proposed amendment, and the
omission to ask leave of the Court ought
not to deprive a party of the benefit of
his amendment, unless its omission has
been the occasion of surprise or of pre-
judice to the opposite party.
Judgment reversed.
The State
I
is no reason why the Statute should not
bring repose and quiet to these parties,
as it doe3 to others by its salutary ope-
ration.
By long acquiesance in the possession
and claim of the vendee, the vendor for-
feits all his rights.
Judgment affirmed.
Henry Castro
vs.
vs. V Appeal from Bas-
Thos. W. B. Odum. j trop.
Hemphill, Chief Justice.
The certainty required in indictments
is such as will apprise the defendant of
the offence with which he is charged, and
will enable the Court to see a definitive
offence on record, that it may render the
proper judgment in case of conviction,
and an indictment which charged a de-
fendant with having stolen "a bolt of do-
mestic made of cotton, of the value of
ten dollars, of the property of one D.
C.," is wanting in none of the elements
of certainty.
Long's case in Croke Eliz. p. 490 re-
viewed.
The rules requiring certainty in indict-
ments are admirable; but in their prac-
tical application they are frequently en-
cumbered with such a mass of superflui-
ty ard fiction as to defeat their own pur-
poses, and engender obscurity, instead of
producing distinctness.
Judgment reversed.
Maria Jesusa Smith ^
vs. >
Encarnación Delegado de Montes, j
Bexar county.
Hemphill, Chief Justice.
Though it be not distinctly alleged in!
a suit to quiet title, that a defendant sets j
up the pretence of ri^ht, under a deed;
given as security against responsibility
Í for the plaintiffs son; yet under a gener-
| al allegation of fraud such evidence was
admissible, for the taking of the deed in
an absolute, and not in a conditional form,
j was of itself a legal fraud.
As'long as a contract for the sale of
land remains executory, there is under j
| certain circumstances a species of trust \
between the vendor and vendee which i
will suspend the Statute, and this rela- j
tion will exist until the transaction is
completed, or until it is disavowed or ex-;
tinguished by the lapse of time and the!
laches of the party in seeking his redress, j
B*t where the contract is executed, there i
> Medina co.
Theodore Gentilitz. j
Lipscomb, Judge.
Where a defendant sets up, by way of
reconvention, a cause of action which has
no connection with the original suit, and
shows no grounds of equity whatever for
its support; held, that it was properly re-
jected on demurrer.
The decisions in the cases of Thomas
vs. Hill, adm'r, (3 Tex. R. 270,) Egery
vs. Powers, (5 Tex. 501,) Walcot vs.
Hendricks, (6 Tex. 406,) Bradford vs.
Hamilton, (7 Tex. 55,) reviewed and con-
firmed.
Judgment affirmed.
Elizabeth M. Crosby, adm'x,
vs. V
McWillie & Moreland. j
Error from Washington county.
Lipscomb, Judge.
Where a claim was rejected because of
some defect in the form or substance of
the authentication, there might have been
some reason for a new authentication and
presentment of the claim, but where the
first authentication, presentation and re-
jection was good and valid in law: Held,
that the p^ty, not having brought his suit
in the time prescribed by the statute, that
the claim was barred.
Judgment reversed.
Rowdyism.—The LouisviLe Democrat
describes the annexed scene:
Rowdyism seems to be in the ascend-
ant in Cincinnati, and assaults in the
public streets of that city are now such a
matter of fact occurrences, that it requires
sharp practice to keep the run of them.
A most novel and brutal attack was made
on Wednesday night, upon Mr. J. Head-
ington, ex-policemen, of the 13th ward,
as he was walking along Sixth street near
the observatory hill. Three men came
suddenly upon him, one of whom struck
him to the ground with a club, afterwards
beating him in a brutal manner. They
then capped the climax of their coward-
ice by an act which only a cannibal could
have conceived, pulling out his tongue,
they bit it nearly in two, and leaving
him nearly dead, they made their escape.
g@a> A sucking mule colt was sold in
Louisville for $200.
Remarks of
Mr. SIMS, of Red liiver county, on the
engrossment of the bill establishing a
system of common schools. Mr. Sims
said—
Mr. Speaker: I am opposed to this bill,
believing, as I do, that it will not work
well in its practical operations, to a large
majority of the people of the State. But
if the bill is to pass, I wish it to be made
as good as possible, and desire that the
amendment I now offer may be adopted.
It provides that the money to which each
scholar is entitled, shall be applied to his
instruction in any school in the State,
wherever his parentj or guardians may
choose to send him. If we are to have a
system of free schools, let them be so in
reality, and not in name only: let the
parent or guardian draw the pro-rata
amount of money to which his child or
ward is entitled, and patronize such school
in the State as he may choose, so the
amount is applied to the purpose in-
tended.
I would say, for the information of the
| House, that the amendment now pro-
! posed by mc, was offered to the bill in the
! committee, and was only lost by a tic vote.
11 do trust the amendment will be adopted.
Mr. SIMS—
Mr. Speaker—Sir : I hope that the bill
now under consideration will not pass.—
It will be remembered that, at the extra
session last winter, there were 84 thou-
sand dollars asked for, and appropriated,
to pay the three companies of rangers
called into service in 1852, by his Excel-
lency the then governor. Í supposed,
then, that the sum asked was sufficient to
pay the amount of expense incurred, in-
asmuch as ií: exceeded the amount report-
ed to the Legislature by the Adjutant-
General, by some two or three thousand
dollars, as will appear by reference to the
report and the act making the annronria-
tion. Now, if the amount appropriated
was insufficient, it was their own fault.
Sir, they now come again, and ask a
further appropriation of four thousand
dollars—for what? To pay any thing
due to the soldiers ? or is it for something
else ? I know not what: the bill does not
inform us. I have been informed that the
Adjutant-General says the troops have
been paid off: then, the appropriation
now asked for, must be for rations fur-
nished, or that should have been furnish-
ed; perhaps the latter, I cannot say.
Mr. Speaker: This reminds me very
much of an anecdote that I long since
heard, or rather a circumstance that ac-
tually occurred between two Indians. I
think it very applicable in this case; but
knowing, as I do, that an anecdote badly
told, had better be witheld, and that I
am not a proficient in anecdote telling,
I hesitate and believe I will desist. [Cries
of go on! tell it!] Well, I will venture
to do so, and will leave others to make
the application. ;
Noxatubby was a hard working and
indurtrious indian, Black Cat just the
reverse, he was a lazy indigent fellow;
the former by his industry had accumu-
lated not only a competency, but some-
money, which Black Cat desired to pos-
sess himself of; he went to Noxatubby
and demanded from him a certain amount
of his money—which demand was re-
fused the applicant; whereupon he told
Noxatubby if he did not give him the
money demanded he would kill him; rath-
er than be killed, the money was handed
over by Noxatubby, to the amount re-
quired, the applicant on receiving the
money in a kind and friendly manner,
said good-bye. Bob-a-saela bye and
bye may be so next year, I will come
back and kill you again.
Letters of auministratiom.
Letters of Administration upon the estate of
John J. Roark, deceased, having been granted by
the Honorable Probate Court of Travis county,
Texas, to the undersigned, at its January Term,
A. D. 1854; notice is hereby given to all person*
who may have claims against the said estate to
present the same within the time and as prescribed-
by law. S. G. SNEED.
Austin, Feb. 3, 1854. 10:6w
Every variety of BRANDY just received,
and for sale as nsual veiy low.
GEORGE HANCOCK.
Austin, Feb. 3, 1854. 10
ka nan fresh oys-
•/lljvlUU TERS.—Just receiv-
ed, at my Restaurat on Congress Ave-
nue, 50,000 Fresh Oysters. These oysters wer*
put up in New York, hermetrically sealed, antf
warranted fresh. Persons fond of the luxury of
Oyster Soup will please give me a call.
CHARLES STEIN.
Austin, Feb. 2, 1854. 10
FORBES J. HOUSTON. It. D. HKRRJNO.
Houston & herring, attorneys
AT LAW, Shelbyville, Texas.—Practice itt
the counties of Shelby, Sabine. San Augustine,
Newton, Jasper, Angelina, Nacogdoches and Pano-
la. Also in the Federal and Supreme Court* at
Tyler. Feb. 4. 1854." 10
H. B. WALLER. J. R. COLLINSWORTtt,
waller & collins worth,
7 ? ATTORNEYS AT LAW, Richmond, Fort
Bend county, Texas.
Feb. 3, 1854. 10.
AFINE and full supply of Irish Potatooe..
Onions, Shad and Salmon, Molasses, Pickle*.,
Peas, Beans, and Goshen Butter, just arrived per
steamer Wo-haw, Tom! and offered ata small ad-
vance by GEORGE HANCOCK.
Austin. Feb. 3. 1854. 10
v DRUMS Smyrna Fies,
• O i
v 10 boxes Madeira Raisin3,
300 lb Almonds,
For sale low at HANCOCK'S Corner.
Austin. Feb. 3. 1854. 10
fc)/\ KEGS PURE WHITE LEAD, and good
£\ f assortment of other brands, just received,,
which now render my assortment of Paints com-
plete. GEORGE HANCOCK
Austin. Feb. 3. 1853. 10
\totre to the piblic.—
Jl^I J. R. JONES, Blacksmith, invites the
attention of the public to his line of business. _ „
He is prepared to give satisfaction to those who
may give him a call. He pays particular attentioa
to Horse Shoeing, and hurts in the feet, and alai
pledges himself to cure a founder in 24 hours, it
brought to him in time; cutting out the lampar
and blind tusk. He has had many years experi-
ence in the above business.
Shop on Congress Avenne, on the corner below
Dieterich's store, Pine street.
. Austin, Nov. 12, 1853. 23
Electric series of scíiooe
BOOKS.—REDUCED PRICES! — Including
j McGuffey's Readers, Spellers, Primers, Pinner's
j Grammar, Ray's Arithmetic, Ileman's Young La-
¡ dies' Reader, Ray's Algebra, kc. Depository on
j Preston Street, next door east of M. I>. Conklin's
Store. Those who purchase to sell again, supplied
I at the lotvest rates, and on the most accommodating
i terms. Orders will receive prompt attention.
18 JAS. BURKE, Agent, Houston.
rost—The Ilendright Certificate of Henry
A Hutschman, for six hundred and forty acre*
' of land. No. 105. granted by Commissioner Evans
j to the heirs of said Hutschmann, and appropriated
¡ to the half sections Nos. 1233 and 1234, in Gid-
j ding's District. No. 3, issued at New Braunfels,
I March 21, 1849. If not heard from in sixty day .
I bhall apply for a duplicate of same.
JOHN A. REDFIELD, Att'y for heirp
Fayette countv. Feb. 1. 1854. 10:9w
\
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Ford, John S. Tri-Weekly State Times. (Austin, Tex.), Vol. 1, No. 38, Ed. 1 Thursday, February 9, 1854, newspaper, February 9, 1854; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth181741/m1/4/: accessed May 14, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting The Dolph Briscoe Center for American History.