The Southern Mercury. (Dallas, Tex.), Vol. 23, No. 34, Ed. 1 Thursday, August 20, 1903 Page: 1 of 8
eight pages : ill. ; page 24 x 17 in. Digitized from 35 mm. microfilm.View a full description of this newspaper.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
v^.
"V
outhcrn Ufomtm.
Vol. XXIII. No. 34
Dallas* Texas, Thursday August 20, 1903
$1.00 Per Annum.
By C. F. Greenwood, Hill County, Tex.
(Refused by the Dallas News.)
Will mi Injunction lie to restrain the
local option law from going into effect?
The legal proposition involved in
this subject presents to my mind an
interesting question, and one that calls
for thoughtful study and mature delib-
eration. We submit at the outset that
an injunction will not lie to restrain or
prevent the local option law from go-
ing into effect; mat the same is not a
proper remedy, and that the issuance
of the writ in such instance is inopera-
tive and void.
Our government is divided into three
separate and distinct branches—the
legislative, the executive and the ju-
dicial—each separate and apart from
the other, and it was intended that
neither should encroach upon the au-
thority or jurisdiction of the other,
and, under our representative system,
we know that theoretically, at least,
all power springs immediately from
the people, who, so far as legislation is
concerned, act by and through their
chosen representatives. The only
statutes of a penal nature put into
force by the people directly in their
individual and sovereign capacity are
those relating to live stock running at
large in a given territory, and the pro-
hibition against the sale of intoxicating
liquors within prescribed limits. These
are made, in a sense, by popular bal-
lot. Now, it is submitted that if an
injunction will lie against a law
enacted by the people directly, it will
also lie against a law enacted by them
indirectly through their legislature,
the same identical principle being in-
volved in both instances. Let us look
at the question closely. After the
election has been held, resulting in a
majority for the proposition, the stat-
utes prescribe certain duties for the
county officials to perform. These acts
and duties so enjoined by statute are
clear and explicit, and are purely min-
isterial, involving no discretion what-
ever. The Commissioners' Court shall
count the vote and the result shall be
declared, thereupon the County Judge
shall select a newspaper within the
county and have published in the Bame
the order declaring the result, and pro-
hibiting the sale of Intoxicants in the
territory tot which tbe election was
held, for four successive weeks, or, if
there be no newspaper in the county,
he shall cause publication to be made
hy posting copies of the court's order at
three public places in the territory af-
fected for such period of four weeks.
Now, suppose the election has been or-
dered and held, and has resulted in
favor of the proposition, and the Com-
missioners' Court has thereafter met
and counted the vote and declared the
result, the County Judge thereupon des-
ignates the newspaper for the publi-
cation, the publication has actually be-
gun, the question that then arises is:
is a party entitled to an injunction
against the County Judge and the pub-
lisher restraining such publication?
We will say that the plaintiff's petition
alleges that the statute discriminates;
that it is inequitable; that it is not
uniform; that it discriminates in favor
of those in favor of and against those
opposed to local option, and especially
with reference to the time and manner
oi holding elections; that there is a
discrimination between cities and rural
districts; that plaintiff has a lcense
from the State, county and city to pur-
sue the trade of a liquor dealer for a
specified length of time, and that un-
der the election it is attempted to dis-
continue his business during his
lioensed term, and that the State, coun-
ty and city are unable to refund him
that portion due on his unexpired
license; that the local option statutes
attempt to impair contracts, and de-
stroy vested rights, and that they are
in violation of both the Federal and
State Constitutions in a number of par-
ticulars. We will say that the pleader
clearly and specifically points out each
and every vice, real and imaginary, in
all the statutes upon the local option
subject, and that every single solitary
objection that could possibly be urged
or conceived of is embraced and mi-
nutely pleaded in his petition. Now,
upon such a showing, is he entitled to
an injunction? We say that he is not,
and that its issuance is utterly null
and void. Why? Because it would be
an attempt to contest the law and its
validity, which cannot be done by tbe
process of such a writ. Let us analyze
the question closely if possible. If the
fourth publication can be restrained so
can the first, and if this can be done,
then the County Judge can be re-
strained altogether from ordering the
publication. Going still further back,
the Commissioners' Court could be en-
joined from declaring the result at all.
If an Injunction will lie against this, it
will lie against the Commissioners'
Court ordering an election, and against
the citizens from presenting a petition
to the court for th* election, and if
thiu can be done, the right Of the peo-
ple to peaceably assemble and register
their ballots conld be enjoined. Car-
rying out the same principle, If there
irere no Inhibition in the way, the
Bovernor of the State could be enjoin-
•d from approving a bill enacted by
K>th bouses of tbe Legislature, and
jven the transmission of tbe bill to
Jhe Governor after Its passage, and If
ibis be true, the writ would lie against
{he presiding officer of a legislative
|ody from submitting tbe bill to a
rote; and striking deeper at the legis-
lative prerogative, the introduction of
I bill 10 either house could be re-
ttralaed, bat if Introduced each mem-
icr of such body misbt be enjoined
from voting upon tbe same. This is
the principle. It is utterly inconsist-
ent with our whole system of enlight-
ened jurisprudence, and if followed to
its logical conclusion must become de-
structive of the very basic principles of
our system of government.
There is a contest, however, that can
be made, not against the law itself, as
seems to be a prevailing opinion, as
evidenced by the large number of suits
predicated upon this erroneous theory,
but against the result of the election.
Our statute, article 3397, provides as
follows:
"At any time within thirty days after
the result of the election has been de-
clared any qualified voter of the coun-
ty, Justice precinct or sub-division of
such county, or in any town or city of
said county in which such election has
been held, may contest the said elec-
tion in any court of competent juris-
diction in such manner as has been or
may hereafter be prescribed, and
should it appear from the evidence that
the election was illegally or fraudu-
lently conducted, or that by the action
or want ut action on the part of the
officers to whom was entrusted the con-
trol of such election, such a number of
legal voters were denied the privilege
of voting as had they been permitted
might have materially changed the re-
sult, or, if it appears from the evidence
that such irregularities existed as to
render the true result of the election
impossible to be arrived at or very
doubtful of ascertaining, the court
shall adjudge such election to be void,
and shall order the proper officer to
order another election to be held, and
shall cause a certified copy of such
judgment and order of the court to be
delivered to such officer upon whom is
devolved by law the duty of ordering
such election."
Now, it will be seen from the plain
provisions of this statute that a sim-
ple, adequate and statutory remedy is
afforded for the contest of such elec-
tion. It will be further seen that this
is a contest of the election and not a
contest directed against the law itself,
and the whole statute is framed for
the sole purpose of protecting, preserv-
ing and carrying out the will of the
majority, and was made for that pur-
pose, and that purpose alone. It will
be observed, first, that this contest
must be filed within thirty days; and,
second, that the right to contest is not
given to a liquor dealer as such, but to
any qualified voter residing within the
territory affected by the election,
without reference to the character of
his business or vocation; and, third,
that as a reason for setting aside such
election the petitioner may allege and
show that by the action or want of ac-
tion on the part of the officers holding
the election, such a number of legal
voter* were denied the privilege of
voting, as had they been allowed to
vote, might have materially changed
the result, or, that there were much
irregularities attending the election as
to render the true result thereof im-
possible to be arrived at, or very
doubtful of ascertaining. These are
the grounds, and the only grounds,
upon which the statute permits a con-
test. all, or either of which, will be
sufficient, and it will be observed that
the statute goes directly to the ques-
tion as to whether or not the will of
the majority has been arrived at. If it
has not, then the court trying the case
is explicitly directed to adjudge such
election to be void and order a new
one.
Article 1798 Sayles' Civil Statutes
provides that any person intending to
contest an election within this State
shall within thirty days after the re-
turn day of election, give contestee no-
tice thereof in writing and deliver to
him a written statement of the ground
on which such contestant relies to sus-
tain his contest, and it has been held
by our higher courts that this statute
is directly applicable to the contest of
a local option election. These statutes
afford a legal remedy at law, and un-
der them, the contest is a direct at-
tack upon the result of tfte election,
and the reason for their, enactment
must be obvious, when we remember
that the law must jealously guard the
purity of the elective franchise, and
that every honest citizen is directly in-
terested in upholding elections that re-
flect the sentiment of a majority of
the legal voters participating therein;
therefore, the right to contest an elec-
tion that does not represent the sen-
timents of a majority is expressly
given to any citizen in his capacity as
a citizen, independent of his vocation
or calling.
On the question as to the authority
of a Judge to issue an injunction in a
local option controversy, Judge Sim-
kins, of the Court of Criminal Appeals,
in the case of McDaniel vs. The State,
32 App. 21, said:
"But it is insisted that this con-
struction may enable parties opposed
to the law to sue out repeated Injunc-
tions and prevent successive publica-
tions and thereby nullify the law. Such
a condition of things cannot legally ex-
ist ♦ • • The difficulty in the
case does not lie in the law itself, but
in the Interference with it It is diffi-
cult to understand upon what ground
an injunction can issue as in this case
against the publication of the order de-
claring the result. If the law is void
by reason of any mistake, failure or
fraud In any of the prior steps neces-
sary for its adoption a publication of
the result could have added no force
or efficiency, whereas, if the prior
Bteps were valid tbe court by enjoin-
ing the publication lends the power
and process of the court to thwart the
will of the public. It should not be
forgotten that a plain and adequate
remedy ia provided in tbe law itself.
Under article 3239a Revised Statutes
ample provision is made for the con-
test of tbe result of the election and
the grounda set forth upon which the
contest most be made. This contest
must be filed before the expiration of
thirty days, during which the publica-
tion la carried on. Now, when tbe con-
test is filed, there can be no possible
necessity for an Injunction, for the
publication not being completed, the
law cannot be enforced, and when com-
pleted, the contest being previously in-
stituted, is then pending and ipso facto
suspends the operation of the law,
which, if found on contest not to be
legally adopted, a new election is or-
dered. I am therefore of the opinion
that the law cannot be legally nullified
by District Judges interfering with the
publication of the order."
In the case of ex-parte Robert Mays,
39 App. 36, the Court of Criminal Ap-
peals in discussing the same question,
said:
"It is also contended that because
of the pendency of the Injunction suit
the arrest of the defendant for an al-
leged violation of the local option law
was unwarranted. As stated before,
the injunction suit is shown to have
been dismissed from the docket by the
court for want of jurisdiction of the
court to entertain said suit, and was
thereafter published as required by the
statute, and the arrest of relator was
subsequent to said publication. We do
not believe that the District Court had
any jurisdiction to entertain the in-
junction proceeding. (See McDaniel vs.
The State, 32 App. 16.) The law pro-
vides in regard to contests for local
option elections that they shall be car-
ried on as near as possible under the
same rules as in contests for election
of officers. The statute having pointed
out this remedy it would seem to ex-
clude any other character of proceed-
ing."
In the case of Harding vs. The Com-
missioners' Court of McLennan Coun-
ty, 3d Court Reporter 162, a liquor
dealer undertook to enjoin the local
option law from going into effect in
his territory, seeking to contest the
law by virtue of his vocation, and on
account of various objections that he
he attempted to forestall criminal
posecutions, which he alleged would
be lodged against him if the law was
permitted to go into effect. The Court
of Civil Appeals for the Austin District,
in discussing the case, said:
"When reduced to a final analysis
tbe object of this suit seems to be an
effort to forestall criminal prosecu-
tions without making it appear that
any property right would be interfered
with, or any pecuniary injury sustain-
ned pending such prosecution, in
which, if plaintiff's contention is cor-
rect, tbe local option law would not be
in force, and would be declared null
and void, and he be acquitted of any
charge brought thereunder."
In the cases of Norton Vs. Alexander.
4 Court Reporter 723, and the case of
Roach vs. MaLott. 23 Civil Appeals 401,
the Conrt of Civil Appeals of the Fort
Worth District, in discussing the same
question, followed the doctrine an-
nounced in the above cited cases, and
alBo held that the contest must be filed
within the thirty days in order to in-
voke the jurisdiction of the court over
the subject matter, holding that the
statute afford* the single, sole and ex-
clusive remedy against the local option
election, and that it Is an edequate
remedy at law, and that the contest
must be baaed upon the express pro-
visions of the atatute.
It la clearly the purpoae of an Injunc-
tion when u&ed in such a case to fore-
stall and prevent criminal prosecu-
tions, and it is impossible to under-
stand how this extraordinary writ
could be used for such purpose. So far
as our limited knowledge extends, all
and respect, ordinarily, this extraordi-
nary writ; it la necessary in the very
nature of thinga, tor it is a correct rule
that however erroneously the court or
Judge may have acted in issuing the
same, or however irregularly it may
have issued, nevertheless the injunc-
tion must not be disobeyed on this ac-
count; but this ia a very different ques-
tion from the one here under consider-
ation. Our proposition Is that an in-
junction issued on a petition seeking to
contest the validity of the law Is ab-
solutely null and void; that the court
has no authority whatever to issue a
writ thereon; that whilst the court is
clothed with authority to hear and de-
termine the question of a contest, that
this is not a contest of the election,
but an attempt to indirectly and col-
laterally attack the laws of the land,
and that therefore it follows that such
a petition does not invoke the juris-
diction of tbe court, does not put the
wheels of the legal machinery in mo-
tion, and confers no more jurisdiction
upon the court to issue the writ, or to
hear and determine the case upon such
a pleading than he would have to en-
join the publication of the electiou on
a petition in an action of arespass to
try title, or on a blank piece of paper,
and therefore there is no duty or lia-
bility cast on those served with the
writ to obey its terms. They must
obey the law. The law as to their duty
in the premises is clear and explicit,
and it is to these duties, clearly mark-
ed out by statute, that they owe an
obedience, and not to the void act of
the Judge who issued the writ of in-
junction.
The correct doctrine is stated on
pages 56 and 57 of the American and
English Encyclopedia of Law, Second
Edition, Vol. 7, as follows:
"A refusal to obey an Injunction or
order of court granted without juris-
diction does not render the person bo
refusing liable for contempt. Courts
cannot usurp authority and then pun-
ish for disobedience of such usurpa-
tion."
This text is supported by the courts
of last resort throughout the American
States, as well as by the Supreme
Court of the United Btatea,
GAMBLING
ON LAKES.
American Tourists Held Re-
sponsible for
the Vice,
Poker a Favorite With Wild Tour-
ists and Cheating is a
Regular Thing in
(he Game.
Toronto, Ont., Aug. 19.—Gambling on
the passenger vessels of the great lukes
has reached big proportions In recent
years during the tourist season. Now
it Is at its height, since tratile Is very
heavy.
Canadians are Inclined to attribute
this Increasing vice to the Americans
who have overrun Cunada in recent
years. They and the tourists from tbe
states ore held responsible for the
gambling on the packet vessels of On-
tario, Erie, Huron, and Superior. The
card games are much In evidence on I low It.
cards, or even one, in the hope t*nt he
may come out with four of V d. But
these games are pretty fast, and ?
of a kind always in the hole, y mj
term is, makes a clean-up fofr tl.o
crooks. UnlesB a man knows what it
is, he can not, of course, appreciate for
a minute what is going on.
The count down is varied by these
cheaters with an equally mysterious
cheat to the novice, known as the
spread. This is worked in flushes. A
cheat gets a four flush. The pot is
opened. He raises, if the opener plays
back, the four flush man "plays his
hand like a house afire," In the ver-
nacular of the craft. He signs up to
his partner Instantly, who prepares for
his part of the play.
Of course the signs are framed up
In advance. The man with the four
of one suit signals to his confederate
that he wants a heart. He draws cards.
Perhaps he gets the fifth heat honestly.
If he does not, so much the worse for
the other fellow. He signs that he did
not get it, but goes right along and
makes the bluff as if he ljad it. If he
is called, he murmurs "All red," and
casts his hand upward on the table In
a bunch, holding, however, the fifth
and dead card back In his hand.
His partner reaches over, with a
heart concenled In the palm of his hand,
face Inward, and. with the remark,
"Let's see what you have here," spreads
out the hand, leaving, of course, the
necessary fifth heart. It Is such a nat-
ural play that only the wise ones fol-
A PLAN FOR THE UNION OF ALL
REFORMERS.
Editor Southern Mercury: "If some
plan could be developed by which the
Grange, the Farmer*' Alliance, the
Farmers' Union and all other organ-
izations composed exclusively of the
men who make the wealth of the
country could be crystallred into one
compact organisation, there would
be a change industrially, politically
and socially which would gladden the
hearts of millions jfho are now al-
most in despair." -
In honor of the above paragraph
from the Mercury of last \Veek, will
you ptease allow space to state that
referring to farmers, a "plan" Is now
in operation in Illinois and meeting
with continued success, which is hin-
dered of wide-spread adoption only
by the limited means of the present
resources of the association for em-
ploying organizers. Rut If any of
the numerous readers of the Mercury
desire to know more about this as-
the text writers agree with Mr. High, I so< latlon and will write the unde-
in his admirable work on Injunctions,
wherein he announces tbe proposition
that an Injunction will not lie to re-
strain an act merely because it Is
criminal, or to Interefere with a legis-
lative body in making a particular act
an offense.
We will suppose a case, however,
where no facts exist that would au-
thorize a party to contest the result of
the election as provided by statute, yet
if the law is bad from any cause, If it
were adopted without the necessary
prior steps 'being taken essential to its
enforcement, or, if the law itself be in
contravention of constitutional rights,
then the party accused of Its infrac-
tion nevertheless has his remedy. Not
by the process of an Injunction, but
when he !s arrested and the authorities
Beek to make a personal application it
the law to him, then he can interpose
his defenses. He may do this by the
writ of habeas corpus, or await his
final trial, and if the court trying the
case judicially determine that from
any cause the law is Inoperative, or
bad, he is acquitted. Now, for the
sake of argument iet us grant that all
the objections that have been raised
against the local option statutes are
well taken, how will this authorize an
injunction against the publication of
the order putting the law into force
and effect? The publication can add
no virtue or merit to the law, the min-
isterial act of the County Judge in pub-
lishing a void law cannot render It
legal, binding or constitutional; it
neither adds to nor takes away from it
If void at first, it remains so. If this
be true, where arises the right to or
the necessity for an injunction? Not
even the courts can legislate validity
Into a void act of the Legislature.
There can be no crime or offense in
violation of a statute, which from any
cause iB void, and hence no penalty
can be inflicted. The use of an In-
junction in such case is an attempt
to forestall criminal prosecution. When
a party is arrested and brought before
a court of competent jurisdiction for
the infraction of a penal statute, an
issue is then directly joined between
the State on one side, and tbe defend-
ant on the other, and as a matter of
course, to convict him, the State must
show that the statute upon which the
prosecution Is based Is legal and bind-
ing upon the prisoner before he can
be put in jeopardy.
Suppose, however, that in pursuance
of the statute a local option election
has been held and resulted in favor of
prohibition, and tbe Commissioners'
Court has declared the result, and the
County Judge haa ordered the publica-
tion, and a writ of Injunction is served
upon him and the newspaper publlsh-
er, restraining tbem from farther pub-
lication, what la their duty in tbe
premises? Of course It Is the bounden
duty of all officials and persons to obey
^;raed; #nfo | rfs|tt>n *togitther w|th
specific and printed explanation of
how to organize, ect., will be mailed
to their address free.
This writer was state lecturer of the
old Farmers' Mutual Benefit Associa-
tion for three years to 1896, an/1 Pop-
ulist candidate for governor of Illin-
ois In 1900, and by reason of personal
experience thus obtained, became
thoroughly convinced, more especial-
ly during the 1900 campaign, that the
Populist party could not secure, by
any of the methods commonly in
vogup, that hearing from the general
public, which its attributes so clearly
merited an which must be obtained
before any reasonable degree of suc-
cess can be achieved.
With that conviction came also a
partial conception, at least, of a way#
and means by which to secure that
general public hearing: and resulting
(through co-operation of several
prominent Populists—the Hon. Jo A.
Parker being one of the most emi-
nent promoters th reof) in establish-
ing a farm association or organiza-
tion, which now Is engaged in mar-
shalling farm workers: with that
every skill and energy at thei com-
mand of Its friends and officers.
To give In tills communication the
Important details showing how and
why Its plan Is a great Improvement
over those of previous farm organi-
zations would perhaps make this let-
ter too long. But all readers of the
Mercury interested will be furnished
further particulars If they write to
A. C. Van Tine. Flora, Ills.
KEEP POSTED.
Now that the million and a half Pop-
ulists In the United States have burled
all past differences and determined to
line up for a vigorous fight In the com-
ing campaign It behooves every Popu-
list to keep posted on the political
movements of all parties. By a special
arrangement we will send to any ad-
dress till February 1st, 1904, the Mer-
cury and the Independent, of Lincoln,
Neb., the ablest and most extensively
circulated weekly of Western Populists,
for 76 cents, or In clubs of five or more
for 50c each.
The first bale of the cotton crop In
Georgia Bold In Augusta last Saturday
for 20c per pound. It weighed 4S7
pounds and netted the owner $97.40.
Hermls won the Merchants and Citi-
zen's handtcao at Saratoga, N. Y., yes-
terday.
the enormous passenger vessels plying
between Canadian ports on Huron and
Superior.
The half-dozen companies engaged
In this passenger business find it lucra-
tive, and some of the handsomest
steamships on Inland waters are found
In this trade. They have a water haul
of 1500 miles, and for nine months of
the year the profit Is satisfactory. The
Canadian Pacific, In competition with
the transcontinental lines of the states,
gives all passengers using Its line
across the continent the privilege of
the delightful wnter route, leaving the
boat train eastbound nt Fort William,
coming south and catching the train
again nt Owen Sound, a fine sail of a
week. There are thirty or forty im-
mense floating palaces for passengers
only on Huron and Superior lrt the Du-
luth-Fort William trade.
While there Is not the glnmour
around the lake vessels and their card
games that surrounded the old lower
Mississippi boats, money Is plentiful
among the lake card players, and some
big "pots" are raked in by the for-
tunate gamblers. While the rule Is to
exclude professional gamesters. It is
difficult to distinguish the professional
from the average player who drops In
to while a^ay the time in a little game
of draw.
Pokel* is almost the Invariable rule.
With the wild crowd of tourists that
comes down from the Cnnadlan north
west through the Fort William gateway
and swing back and forth between the
big cities of the states, passing both
ways over this delightful course. It Is
not unusual to see games In which u
man requires ull his fucultles to win.
From the west has come the custom
of playing with two decks, using the
Joker, as a fifth ace and to fill flushes
and straights. This facilitates cheat-
ing to an alarming degree. It also
makes the game faster, and the fellows
who want action on their money get
the greatest possible excitement out of
the game.
While the denier is putting out hands
the man to his right Is shuffling the
deck that has Just been used. This
makes "cold decking" easy and gives
the expert who can run up his hands
every opportunity to practice his nrt
with the least possible chances of de-
tection.
Then, too, the danger of a "gun play"
or a knife thrust, that contributed to
make the old Mississippi play exciting,
does not obtain here. An armed man
In Canada Is the exception, and the use
of weapons would certainly mean a
term In prison, whether the victim was
caught cheating or not. Gamblers say
this Immunity from summary punish-
ment encourages crooked card playing.
The cheats usually work In pairs, and
If there are but six In the game, which
Is tbe rule, It becomes mere child's play
for experts to clean out the gamesters
who are not wise. If there are six In
the game the two cheaters do not re-
sort to the run-up of hands, such for
Instance, as shuMilrig up three of a kind
so that they will fall to a certain play-
er, and the cheat will nt the same time
get three aces or a small Hush. They
use the old count down. It Is simple
and has been worked by rhents wher-
ever the great American game has been
played.
The cheaters sit opposite each other.
That leaves two plays between them.
The cards are cut to the left where
two decks are used. That brings each
cheater Into position where he cuts the
deck his partner hns shuffled. In shuf-
fling the cheats see to It with their
dexterity that a set of three of a kind
Is left In the deck Immediately under
the first thirty cards to come off. This
Is especially easy where six are play-
ing and six hands are dealt around.
The pot (for all are Jack pots) Is open-
ed and no player stays.
Even where several draw cards It Is
a matter of simple calculation to leave
the deck, after being shuffled, with a
set of three of a kind under the top
thirty. Then when the man to the
right of the cheat picks up the deck
after being shuffled, and It Is passed to
the cheat on the left to cut. he makes
a false cut, and the Innocent dealer
hands the carfls out according to the
way they have been counted down.
The crooked play comes when the pot
Is opened. The cheat to the left of the
dealer knows when he draw? cards it
set of three of a kind must come to him
The rule is to. when possible, count
down three face cards. Therefore, If
the cheat has a pair of any kind he
Immediately raises the opener, know-
ing he must come out with a full. If
he has not a pair, be holds up two face
These gamblers have discarded the
hold-out machine with the gooseneck
running down the sleeve and opernted
by the knees, so populur In the Western
states. So, too, do they regard taking
the bottom card, the dealing of sec-
onds and other simple bu4 very com-
mon methods of cheating. The talent
know these amateurs are easy for
them, even In a square game, but they
won't take an even chance.
The best one of the ordinary players
In these boat games can get Is the
worst of It, but they get wise very
slowly and seldom come over the same
route twice. Most of these Cord sharp-
ers nre Americans, but the young Eng-
lishmen and other tourists are anxious
to be Initiated Into the mysteries of
drnw poker and they are not hard los
ers. Only when the cheats get des
pernte and cold deck some mnn for a
large amount does trouble follow. The
cheats understand this point and sel-
dom resort to It. It Is the rule they
observe never to bent a hlg hand for
a "producer," but to give him a run for
his money.
TAMMANY HALL IS
FOR CLEVELAND.
Charles F. Murphy Pledges Sup-
port of the Organization.
New York, Aug. 19.—According to a
dispatch from Saratoga this evening,
the politicians who are now gathered
there were ngog over the publication
of a letter sent by former Senator Jas.
Smith, Jr., of New Jersey, to Henry
Stafford Lit lie of Trenton, who Is now
at The Spa, In which it Is reported the
writer declares he has obtained a
promise from Charles F. Murphy, lead-
er of Tammany Hall, and other prom-
inent Democrats that the New York
state delegation at the next national
convention will give Its support to
Grover Cleveland for the presidential
nomination.
Mr. Smith says that the letter was
a private one and not meant for pub-
lication. Mr. Smith admits that he
believes the Tammany delegation at
the convention will swing into line for
Mr. Cleveland.
BILL ARP DYING.
8outh'a
Meat Interesting Humorist
and Philosopher.
<'arteirsvllle, (la., Aug. 19.—Major CJ.
H. Smith, known a decade ago all
over the country an 'Illll Arp," the
Southern humorlot, Is lying almost at
the point of death In his home here.
He has been ill for some little time,
but no onie feared the worst until yes-
terday, when he declined rapidly. The
reports from his bedside state that
Major Smith no longer recognizes any
one and has lost the power of *p«e< h.
Dr. Smith, the humorist's son. said
there was practically no hope for his
father's recovery. Major Smith was
born |n Lawrencevllle, this state, June
IB, 1820. He was graduated from
Franklin college In 1848 and soon be-
came a member of the bar and prac-
ticed laiw In Rome, this state, for up-
wards of twenty-five years. He served
In the Confederate army during the
civil war with considerable distinction,
becoming a major on the staff of Brig.
Gen. G. T. Anderson of the Third Geor-
gia brigade. As "Bill Arp" he contrib-
uted weekly letters to the Atlanta
Constitution and the Loulsvllho Home
and Farm for a generation. He pub-
lished "Bill Arp's Letters," which gave
htm a national reputation. Among his
other books were "Bill Arp'a Scrap
Book," "Fireside Sketches," and "Geor-
gla an a Colony and a State, 1773-1893."
COLORADO
LAND FRAUDS
Five Special Agents Have
Unearthed Nothing of a
Startling Nature.
M. A. Meyendorff of Denver is in
Charge of the Investi-
gation. Coal Land
Grants, etc
Fort Worth, Tex., Aug. 1#.—"The In-
vestigation of the reported land frauds
in the state of Colorado is still under
way by five special United States
agents, but thus far the developments
huve unearthed nothing of a special
fraudulent nature," said a gentleman
who arrived from Colorado last night.
These government agenta are locat-
ed a? Denver, Sterling, Eaton and Hu-
go, Glen wood Springs, Montrose, Lead-
viile, Gunnison, Pueblo, Lamar, Du-
rango and Del Norte, and aie prose-
cuting their Investigation un.!er the
direction of the department at Waah-
lngton. It is the territory covered by
the four or five latter towns that It la
believed the greatest frauds have been
committed.
Thus far no charges have baen pre-
ferred or reported to the government
against any peraons or corporations
having received land through misrep-
resentation or otherwise.
The general investigation Is In the
hands of M. A. Meyendorff of Denver,
representing the government, who
states that he has received no special
Instructions In the case other than to
make a full and comprehensive Inves-
tigation of the reported land frauds.
To a representative of this paper
Mr. Meyendorff stated that he knew
frauds of this character ars always
being perpetrated upon the govern-
ment, and that the department Is al-
ways kept busy Investigating and un-
covering them. He does not believe
that greatr frauds have been commit-
ted In Colorado than in any of the oth-
er states he has recently Investigated.
He stated to a representative of this
paper that thus far he was unable to
discover the frauds that have been re-
ported in the newspapers, and tha
'statements made that wholesale frauds
have been committed he thinks Is
without warrant.
The charges which the present InV
vestigators will be expected to look
into embrace reported frauds In tho
title to a very large portion of all the
great coal lands In the southern part
of Colorado. In the mountains of
Southern Colorado the Colorado Fuel
and Iron company alone holds more
coal land than is embraced In the en-
tire anthracite texlon of Pennsylvania.
The Gould and Bockefeller Interests
are heavily Interested in tlio above
company which may be involved In
the Investigation now going on.
The report will be completed In tha
course of a few weeks and then for-
warded to Washington after which a
statement will be given out as to tho
findings of the government commission
now in the field.
, 3
NACOGDOCHES NEWS.
Natogdoches, Tex., Aug. 18.—Tho
commissioners' court has changed the
place of holding justice court In pre-
cinct No. 7, In the northern part of the
county, from Nat to Cushlng, on the
Texas and New Orleans railroad.
J. F. Onion of Han Antonio, grand
chancellor of the Knights of Pythias,
addressed the Lamina lodge. Knights
of Pythias, here last night, on official
business. A goodly number of knights
were In attendance, and enjoyed a
banquet after the | cture.
A big barbecue Is to be held at Chl-
reno, twenty miles eust of here, to-
day. The whole county Is Invited. Bev.
Granville Jones and Hon. J. K. Wooten
will address the people on the prohibi-
tion Question.
SOLDIER KILLED AT
FORT DOUGLAS.
Member of the Same Company is
Under Arrest
Salt Lake, Utah, Aug. 19.—Elijah
Lewis, aged nineteen, a private In the
twenty-second battery, stationed at
Fort Douglass, but now In camp near
Provo, was shot and Instantly killed
In camp last night. Whether he was
killed as a result of a quarrel between
himself and L. W. Burden, a member
of the same battery, who was the only
witness to the shooting, or riiet death
through the careless handling of a re-
volver, Is not known. Burden Is under
orrest ponding nn Investigation into
the affair by a board of injury. Ha
claims the shooting was accidental.
Lewis enlisted In Kentucky.
TREMONT TEMPLE
TO BE FILLED.
Rev. Dr. P. S. Henson of Brook-
lyn Will be Called/
of
of
Boston, Aug. 19.—The question
calling the Bev. Dr. P. 8. Henson
Brooklyn, and formerly of Chicago, to
the long vacant pulpit of Tremant
Temple will doubtless be acted on at
the meeting of the deacons and mem-
bers of the congregation are said ta
favor the former Chlcagoan.
Bev. Dr. W. J. Williamson of
Louis also is being considered.
■t.
•J
SIXTEEN BODIES FO^ND.
Work of tha Resetters of Hanna Mint
ia Nearly Complied. , '
Hanna, Wyo., Aug. It.—Blxteea
more bodlea of vlctlma of the mlna ex-
plosion have been recovered and tha
work of the rescuers la nearly com-
pleted. All those taken out were 1b aa
advancd stage of decomposition.
•fi
President Caatro of Veneauela haa w>
rested French, German and Italian mer-
chants for refualng to pay finea atti
taxes.
Upcoming Pages
Here’s what’s next.
Search Inside
This issue can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Newspaper.
Park, Milton. The Southern Mercury. (Dallas, Tex.), Vol. 23, No. 34, Ed. 1 Thursday, August 20, 1903, newspaper, August 20, 1903; (https://texashistory.unt.edu/ark:/67531/metapth186010/m1/1/: accessed April 27, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .