The Galveston Daily News. (Galveston, Tex.), Vol. 54, No. 254, Ed. 1 Tuesday, December 3, 1895 Page: 3 of 8
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THE GALVESTON DAILY NEWS, TUESDAY, DECEMBER 8, lSQfl.
B
THE DAY AT HOUSTON
An Opinion That Bonds for Street Im-
provements May Be Issued by
the City of Houston.
NO AUTHORITY FOR NOTES
If Issued in Excess of the Current Revenue of
the Year—No Clew to Deputy Sheriff
Courts' Assassin—Criminal Court
Houston, Tex., Dec. 2.—'This afternoon
the city council had its regular meeting ait
the usual hour. Mayor Browne presided
and these aldermen were in t'hettr seats:
Batmen, KohlNauff, Heinze, Burke, Pack-
ard. Hirsch, Bailey, Repsdorph, MdAughan
and Au'bertin.
These officials were in theiir places: At-
torney John Stewart, Chief of Firemen
Ravell, Street Commissioner Jack Kennedy
and Market 'Master 'Miller.
'Tine minutes of 'Che laisit meeting* were
read and adopted, on motion of Alderman
Bailey.
PETITIONS.
From I4. S. iMuller and 240 others, of the
Fourth ward north, asking that their -ward
•be detached from the Fourth ward south,
and be known as tihe Sixth ward. Referred
to ordinance committee, to report.
From George Bauss, who purchased a
restaurant from the city in the marker,
and asking for an electri'e light in that
■pajrt of the market. To tight amd market
connmiittees.
From Airs. Ambrose 'McDonald, saying
iher personal assessment was too high, aw
»he has only the goods allowed by tew as
exempt. To the appraisers.
From Ohiimiene, to build a 10x12 'ironclad
office near tihe House place. To lire com-
mittee.
From Hy Kane. He asked t'hat No. 8
fire company's house be received, as he
!had done the -work as per contract. To
public works 'board.
From J. D. Staples, asking for a correc-
tion of assessment in v^lue, as in 18JH.
The mayor thoug'ht that was not good
ground -for asking a reduction and ruled
That it Ibe returned for explanation.
'Packard stated that he had refused to
make one on the same ground.
Bailey agreed with the mayor on tihait
ground.
From F. W. Sdhmldt, owner of certaiin
property assessed too h'itfh, the amount be-
ing $1000. Same course as the other.
From J. E. Riley, to put a smokestack
dn the rear of the opera house.
Hirsc'h here said that he heard the plas-
tering in the opera house had begun to
faiH and the c'hiief Of liremen ought 'to In-
spect it.
BUJiley thouglht ithe •ai'ty had no rdg'ht to
Investigate it.
Burke tihougitot it was from a leaking
roof.
Hirsch thought it might at some time
cause a panic In the opera house.
To the fire committee to report at the
next meeting.
From Mrs. M. B. Flake, protesting
against assessment of certain property in
block 173, saying hers was higher than
other property close to her and said her
assessment had been raised twice too high.
To appraisers.
From J. J. Settegast and L. M. Rich,
cbmplainlng of a canal on Sampson street
dug by the city and asking for relief. To
street and bridge committee.
From J. J. Settegast, complaining of a
drain made on Magnolia and Crawford
streets, to the damage of his 'building. To
same committee.
From the came man, asking to pay taxes
for J. J. and W. J. Settegast, but there was
a conflict in assessment. To finance com-
mittee.
From Joe W. Gensler of 1217 Congress
avenue, wanting to cover a shed. To fire
committee to report at next meeting.
From J. N. Gensler, wanting to place a
stand in the doorway of 902 Congress av-
enue ami asking that it go to the proper
committee for a hearing. To street and
bridge committee.
From A. McDonald, to get a correction in
his assessment. To appraisers.
From F. Rhode, owner of southeast half
of a 10-aore lot in Holman addition, saying
he had failed in some way to assess the
part of it in the city and that it had been
henc^ bought by the city and conveyed to
It for taxes, and claiming a penalty for de-
linquency. He claims that the whole is
exorbitant and excessive and he wants It
referred to the proper committee for cor-
rection and a chance to make a settlement.
To engineer, the attorney and the finance
committee.
From Mrs. Fannie Cohen, complaining of
excessive taxes on fractional lots in block
63, Allen's addition, and to have it referred
to proper committee for correction. Re-
ferred to her for explanation.
From William Bradburn, owner of lot 7,
In block 338, south side Buffalo bayou, ask-
ing for a correct statement of assessments.
To finance committee.
From W. H. Clarke, jr., for his assess-
ment to remain as In 1894. Ruled out of
order.
From W. W. Thomas, with a (bill for ap-
pliances for Washington tire company,
which -tihey had bought while a volunteer
fire company, and wanting pay for them.
Alderman Packard wanted to know if
fhey had ever been in service.
Alderman Kohihauff stated that they had
done better work at times than paid men.
Referred to chief of firemen and fire com-
mittee.
From W. G. Gibbs et al. of Fourth ward,
south, for a fire alarm box near San Felipe
and Louisiana streets. To the alderman of
that ward and fire committee.
From Jordan Word, to have his assess-
ment corrected, as he lhad the wrong lots
assessed to Mm. To assessor and collector.
REPORTS.
Of finance committee on petition of Tyler
Has well wanting explanation of an error.
Adopted.
Of same on that of J. M. Cotton, asking
for a reduction on certain lots belonging
to certain heirs. Several reductions were
made. Adopted.
Of the same on that of William Mtillott,
3n favor of reducing assessment on cer-
tain lots. Favorable and adopted.
Of same on that of James 'McDonald, In
favor of refunding certain tax. Adopted.
Of same on that of Mrs. Fannie Golman.
Favorable and adopted.
Of appraisers on that of J. R. Burrell.
Favorable and adopted.
Of appraisers on estate of John A.
Cooper, favorable to reduction. Adopted.
Of appraisers on that of Grafton Waples,
favorable to taking out the personal prop-
erty assessment. Adopted.
Of appraisers on that of H. Stake, reduc-
ing assessment to $4000. Adopted.
Of appraisers on that of William Dlehl,
favorable to assessment of $500. Adopted.
Of appraisers on'tfhat of Mrs. G. A. Wolf,
fav-orable to reduction of $1000. Adopted.
Of appraisers on that of J. Paul Jones.
Reduced amount to $3000. Adopted.
On t'hat of G. H. Herman. They found
no error. Adopted.
Of same on that of E. and Mary Siinmler.
They found no error for 1895.
Bailey said he saw no use in all this, as
Uheir report was final anyway. Hence, w^y
should they be read, to the great waste of
time.
Of fire committee on that of J. C.
Hutchesoh. Favorable and adopted.
Of the secretary on the'proposed ordi-
nance of labor council to regulate wages,
•etc., in the city. It showed when the or-
dinance came in and when the city at-
torney reported on it, and an ordinance of
Bailey and McAugftan, October 2 and Oc-
tober 14, before the council. It also gave
report of the attorney and the original or-
dinance by labor council.
Kohl'hauff wanted to know, if it was oni
its last reading, that is, the one introduced
by Bailey and McAughan.
The secretary said the ordinance in ques-
tion had never been read at all, but that
one by Bailey and McAughan had been
read twice.
KOhlhauff said then he would move to
have It read as an ordinance and referred
to the ordinance committee. It was an
ordinance to fix the minimum wages ito be
paid and time for laborers, making it so
-that no contractor could require laborers
to work more than nine hours per day
nor pay them less than paid hy other con-
tractors. and that any persons violating
the ordinance shall be fined not less than
$50 nor more than $100 for each offense, and
requiring this ordinance to be a part of all
contracts made in future for work of a
public character. To ordinance committee.
Of street and bridge 00mmititee on that:
of Ju&iui (HuMr, fovorabue te granting the
o-titionef the right to- make a ditch on
Pinkney street. Ad ipted.
Of same, favorable to opening; a street
through Geisecke's property 60x200 feet and
recommendng cona cm nation 0? right of
way. To board of public works.
Of the state geologist on the water sup-
ply of the city. It related that a very
careful examination ihad been made of the
»ba»y.>u above the dam. He found remains
of five dead cows ill that part and iw
scveral s>eep springs and that t-w> rv-X nvi.ia
had been draining :.nt> the bayou and the
water was very 'bai. -He spoke of the sirp-
piy vf artesian -water and its variableness
ani the number of water strata ani their
depth 'below the surface ani called .nt-
tenrtiwa tD the fact taat cna-fcurth oi" the
water supply iliad to -be taken from the
bayou, because the arteeian sai y was
that much 'less than the amount used.
The report went into a chemical analysis
of the water and showed what was found
an I the extent of impurlt!-s t f those parrs.
It akw stated t'hat some of the -water irad
a putrid sime-lil' While one well had a sul-
phuric smell but -not very string. The ar-
tesian water was very clear. The water
In the dam had shown some seeds of the
tapeworm or the heads of tapeworm, mak-
ing the water absolutely unfit for domesti c
•water, but the artesian water was very
good and entirely satisfactory if it could
be found in sufficient quantity. The ibayou
water is not fit for dr.nklng nor for domes-
tic vne. The bayou water would have to
be bolted down to one-ha<l»f before it could
be considered Tree of certain impurities.
Hhe report wound up with thanks to Alder-
men Bailey and R.-psdorph an I President
Scan.an of the waterworks. Referred tu>
special water committee. It <was accom-
panied with a bill of $170.28. Ailderman
Hlirsch moved t'hat the treasurer pay the
lb:!!.
U N'Fl N ISH'ED BU SINlElSS.
Alderman Kohihauff called up a report
on a sidewalk on Crockett street and
moved t'hat the attorney make a report on
condemnation proceedings near the Crock-
ett street for new 'sidewalks. Carried.
Packard's m'otion 011 removing obstruc-
tions on sidewalks went over to next meet-
ing at his own suggestion.
Ordinance by Repsdorph to divide the
ei'ty into new wards was read. It simply
made that part of the city between •Butfa-
•lo and Whltecak bayous, now the First
and Fourth wards north, into the Sixth
ward, ail of the other wards to remain as
at pie sent. This was introduced as a sub-
stitute ordinance to one formerly intro-
duced. it went to the ordinance <*ommit-
tee by a vote of 7 to 3, to rvport at once.
Packard saw 110 'reason tOr rushing it
and neither did Hlirsoh.
Bailey h'ere explained that the Fourth
ward wanted t'hat divide at once.
Hirsch moved that the marshal report at
next meeting on the cleaning of the ditch
on Walker street by the Santa Fe railway
company.
'Moved by McAughan that certain land
be received from \\\ D. Cleveland in ex-
Change for certain other land, to be used
on opening Hill street 'bridge. Referred to
the mayor and attorney, with power to act.
K o'h 1 ha u ff was excused.
The ordinance 'committee reported in fa-
vor of dividing 'the city into wards. Yeas:
Son n en, Kohihauff, Heinze, Packard,
Burke, Hirsch, Bai'ley, Repsdorph, Mc-
Aughan and Auoertin.
Failey here wanted to know why the de-
sire for deilay.
[Mayor Browne stated that -he wanted to
read it over and famUiarize himself with
t'he proposed boundaries.
Repsdorph said the only change was in
uniting t'he First ward and Fourth ward
north, making the -Sixth. Da-id over.
Bailey moved that a d'itch be dug from
t'he head of Wilson street to S-an Felipe
street to better the drainage in that part
of the city, as there were very -bad places
there. Referred to street and bridge com-
mittee -with power to act.
Bailey moved t'hat the secretary find out
and report what the Southwestern tele-
phone company will do a'bout the preposi-
tion to construct condiu-lts. Carried.
McAughan moved that the city engineer
estimate cost of grading, paving and curb-
ing on parts of biberty, Conti and Wilson
streets in the Fifth ward. Adopted.
'Hirsc'h moved that as some of the plas-
tering in the opera house had fallen, the
chief of firemen examine .it and make a re-
port to t'he council. Carried.
Hirsch introduced a resolution that on
October 8, 1894, a resolution had been
passed here to pave Crawford street from
IMcKinney to Clay -avenu.\ Cl'ay avenue
from Crawford to iM-ain, and Fannin from
Rusk to McGowan, etc., and now wanted
t'he status of the wcrk inquired 'into by the
board of public works and the contractors
Ibe notified of their cOntr'act with the city
to do eaiid paving. Referred to the board
of public works to ma-ke a report.
T'he mayor -had asked the city attorney
for a written opinion as to the authority
and power of the city to execute promis-
sory notes, in view of t'he existing condi-
tions, and Attorney -Stewart reported as
follows:
Houston, Tex. Dec. 2.—Hon. Joihn T.
Browne, Mayor of the City of Houston-
Sir: In reply to your req-ueist to me to fur-
nlwh you with a written opinion as to the
power and authority of the city to execute
promissory notes in general and as to its
power in t'he particular Instance to exe-
cute notes for t'he paving of Washington
street, I beg leave to submit the following:
The debt creating power of the city of
Houston is contained in section 59 of our
charter, which, after . excepting funding
bonds of a previous issue and street im-
provement bonds, gives the city the right
"by a vote of two-thirds of all t he aldermen
elected to borrow money 011 the credit of
•the city £or other purposes not to exceed
$100,000 In any one year, and Issue bond's
of the city therefor." To- create a debt of
over $100,000 our charter requires that t'he
question must be submitted to the tax-
paying votes of the city.
It will be noticed that the provisions of
section 59 seem to designate the issuance
of bonds ats the only miode by which the
city s'hall raise tfnoiney.
The first paragraph of section 59 provides
that the city may borrow money on the
credit of 'tihe city wnot to exceed $100,000
-in any one year a^id issue bonds of the
city therefor."
The second paragraph of the same section
also provides'for t'he issuance of bonds,
while the third and fourth paragraphs
stipulate that no bonds shall be issued
drawing more than tl per cent Interest;
shall not b>9 sold for less than par and Shall
express upon their face, the purpose for
which they were issued; and that the ordi-
nance authorizing any bonds to be issued
shall also provide a fund to pay the in-
terest and create a sinking fund of at least
2 per cent thereon. From a careful consid-
eration of section 59 it would seem that the
issuance of bonds was t'he only mode- pre-
scribed by our charter for the city to bor-
row money on tihe credit of the city, and
the amount of money which the council
can borrow without submitting the ques-
tion to the -taxpaying voters of the city iis
clearly limited to $100,000 a -year.
"Where the law limits the amount of in-
debtedness which a city may incur, any at-
tempt to create one greater than the
amount specified wo-uId be without force,
and when the manner of creating debts by
a city is prescribed that musit be substan-
tially followed." (Citizens' Bank vs. City
of Terrell, 78 Tex., 450.)
In the case last citetl our supreme "court
s<aiys that the legal restrictions were made
for observance, not evasion. "A disregard
of them by the attempted creation of un-
lawful debts, either on account of the pur-
pose cr the amount may lead to serious
complications in the administration of the
affairs of t'he municipal government, grow-
ing out of the questions that may give rise
'to as to whether the property of delin-
quent taxpayers can be sold so as to confer
any right upcrn the purchaser when the
void debt enters to any extent into the tax
for which the sale is made." "Municipal
corporations can exercise those poweis
only which are expressly or impliedly con-
ferred, s-u'bject to such regulation* or re-
strictions as are annexed to the grant. The
general disposition of 'the courts of this
country has been to confine municipalities
within their limits that a strict construc-
tion of the grant of powers in their char-
ters will assign to them; thus applyingsub-
stantlally the same rule that is applied to
charters of private corporations. The rea-
sonable presumption is, that the state has
granted, in clear -and unmistakable terms,
all it has designed to grant." (Pye vs.
Peterson 45 Tex., 312; Cooley on Constitu-
tional Limitations, Sees. 192 and 195.)
"The policy of the law is not only to re-
strict -municipal corporations In the issu-
ing of bonds, but in contracting deibts as
well." (City of Waxahachie vs. Brown, G7
Tex., 519.)
"The powers of a municipal corporation
are to be construed with strictness."
(Hirshfield vs. City of Dallas, 4 App. C.,
177.)
Judge Dillon, that eminent authority on
municipal corporations, In his book on
"iMuncipal Bonds," section 6, pages 12 and
13, in speaking of the debt creating power
of a city, says: "There Is no resemblance
between private and public or municipal
corporations in this regard. The latter are
not organized for trading, commercial or
business purposes. They have in general
but one mode of meeting their liabilities,
and that is by taxation, and it is upon this
resource t'hat creditors must be taken to
rely. For hundreds of years in P^ngland
such corporations have existed without it
ever being contended that they could,
without express authority, issue commer-
cial paper. We regard as alike unsound
and dangerous the doctrine that a public
or municipal corporation possesses the im-
plied power to borrow money for its ordi-
nary purposes, and as incidental to that,
the power to issue commercial securities.
The weight of authority is that a city
has no rij;ht to execute a promissory note
unless such ivower is expressed or clearly
implied^ (Daniel on "Negotiable Instru-
ments," Sec. 420. and authorities cited:
Town of Ccncord vs. Robinson, 121 I • S..
Iflfv)
From a cap ful consideration of th<*
'above authorities I would t-ay that the city
of Houston has no power to create a debt,
except by the Issuing of bonds, and that-
mere promissory notes executed by it to
lay s>me debt in the future from funds
outside of the current revenue of the year
are made without authority, and are of no
avail.
The manner of creating a. debt under our
charter Is by issuing bonds, and that mode
must be followed in order to legalize the
debt. I do not think thai the language of
section 59 of our charter admits of very
much doubt that the issuing of bonds is
the only way the city can borrow money on
the credit of the city, and that the city
can not follow another mode than the one
prescribed, but if there should be any fair
or reasonable doubt as to the right of the
city to execute promissory notes, it would
be resolved by the courts against -the city.
(City of Galveston vs. Loonie, 54 Tex., 525;
Williams vs. Davidson, 4:; Tex., 34; Bren-
ham vs. Water company, 57 Tex., 542.)
The policy of our law is to carefully check
and restrict -the power of municipal corpor-
ations to create debts; it eays to 'them you
sha'K go so far and no further, and you
must proceed 'in this manner and no other.
Justice Gaines in the case of the city of
Terrell vs. Diss-aint makes use of the fol-
K.iwing language: "At the time the con-
stitution was formed the history of the
country and of the state afforded exam-
ples of municipal corporations which had
become 'bankrupt through the reckless and
extravagant managemtnit of their govern-
ing bodies; and its learners doubtiiess had
under consideration the evils which result
both to t'he taxpayers and the creditors of
such corporation from an unlimited power
to create deibts. From article 8 on taxa-
tion and article 2 on municipal corpora-
tior.13, they seem to have kept prominently
in view two oibjects, the one. to protect
the inhabitantrt of irtuniciparties! against
oppresM.w taxation; the other, to protect
■the creditors, and to preserve the financial)
honor of such corporation." •"
As a protection and- safeguard it may be
readily undeixstood why the Charter would
require that mcny should be borrowed only
•by .jssuiing bonds, for by the laws of our
state several necessary requirements have
to -be com piled witih 'before the city can le-
gally issue or sell a bond, v'z: the bond
can not draw over 0 per cent 'interest per
annum, and -shall 'be invalid If sold for less
than par; it miust specify for what purpose
it wats issued, and a fund shaM be provided
to pay the interest and create a Sinking
fund to redeem the 'bondi*. vv'hich fund sha.lil
not "be diverted nor draiwn for any other
purpose, and again the bond must pass the
scrutiny of the attorney general as to tits
form and legality, and, if found correct, be
regie tered in -the comptroller's office. Under
the authorities of our state, however, the
city has the power to tissue city warrant's
on 'account of expenses o-f the city, whiich
do not exceed the current revenue derived
from taxation, permitted by law to be levied
to meet current expenses. Su-cih an act is
not considered to be the creation of a debt
prohibited by law. (City of Corpus Christ!
vs. Woesner, 58 Tex., 462; City of Terrell
vs. Di'ssaiint, 9 S. W. Rep., 593.)
In the .as.t cited catse Chief Justice
Gaines flay*: "W-e freely concede that
debts for the ordinary running expenses of
a city payable within a year out of -the in-
coming revenues of the year, and with
other indebtednea* not clearly in excess
of the yeaaty income for general purposes
can be created toy a1 city. (But we think
that a debt for current expenses i-n order
to be valid without a compliance -with the
constitutional and statutory requirements
to which we have referred must run con-
currently with the current revenues Cor
-such purpose, and that such a debt can not
be created without such compliance which
matures at such a time as wo-uid make it a
•charge -upon the future revenues of the
city. It may not be ea»?y to define 'ac-
curately what are the current expenses of a
municipality. But we may ask if a city
can create a debt for $1500 for materials to
extend its water-works and make It -payable
with Interest, one and two years after date,
rwhy may it not -create an 'indebtedness for
a larger sum for any pu'bllc Improvement
Which it lhas -the power to construct, and
maike it payaibC-e at a longer period? It is
Clear to us that, if this- wan permitted, the
provisions of our constitution and statute
which aflmCt the power and regulate the
manner of the creation o-f municipal In-
debtedness -would be entirely nugatory."
This statement of Chief Justice Gaines
seems to me clearly to limit the power of
the city council to what I have above in-
dicated.
In regard to executing notes of the city
to pay for 'the paving of Washington street,
a/t this time there can be no question inde-
pendent of the above reasons that the City
has no right to execute such notes.
Tihe cd'iy has passed an ordinance for the
Issuing -of one hundred thousand dollars of
bonds for bulld'ing a bridge and jail and
funding certain debts of the city; the at-
torney general has declared such an Issue
to be valid and the bond's w'ill be registered
very soon.
This 'issue will exhaust the power of the
city for t'he present to borrow money on
the credit of the city.
There seems to be no question in the
minds of tihe council 'tihta t it would h(ave no
power to issue more than one hundred
thousand dollars' worth of bonds in any
year, 'but that it can incur an indebtedness
of more than that 'amount by exe'euting lira
promissory notes due several years in ad-
vance. This is wrong amd is undoubtedly
done without any authority, for as Chief
Justice Gaines says, "It is clear to us that
if this was permitted the provisions of our
constitution and statute, wh'iidh limit the
poftver and regulate the manner of the cre-
ation of municipal indebtedness 'would be
entirely nugatory.
In regard -to t'he paving of Washington
and IJiberty streets, which there can be no
doubt need paving badly, the city must
after the present year has expired, make
an other issue of one hundred thousand dol-
lars' worth of bonds to play for said im-
provements.
The opinion of Attorney General Crane to
the contrary, there is no doubt in my mind
but that thK* city of Houston 'has the right
to issue bonds to pay for street Improve-
ments, and, if my advice as city attorney
trad ever been sought, I would never have
ad'vised the destruction of sold bonds. The
law is very clear that when the authority
is given a municipal corporation "to do cer-
tain work i't carries with it the implied
power to borrow money to execute said
work, the mOney to be 'borrowed in con-
formity with t'he express (power given to
borrow money.
Section 24 of our charter gives the city
council the authority of "making street
improvements in whole or in part at the
expense of 'tihe city, should it 'be deemed
advisable to do so."
The exception in section 59 refers 'to an-
other kind of street improvement 'bond,
and I 'have been unable to discover any
sound reasoning in the opinion of the at-
torney general. Assistant Attorneys Gen-
eral H'iil and Brown both agree with me In
my position that the city has the authority
to Issue bond's for street improvements. I
mention the matter of the authority of the
city to issue street improvement bonds as
Incidental to the present question, for it
will not be many montlhis 'before the coun-
cil will desire, probably, 'to -make this issue.
I know that it 'has 'been the custom of
the city of 'Houston for the past several
years to crea;te an indebtetdness by execut-
ing the notes of the city due several differ-
ent years in advance, 'but "two wrongs
never did make a right," and as my opin-
ion is asked for the first time, I must say
that I can not discover any authority the
city has to execute notes 'beyond its cur-
rent revenues of the year, and, within the
amount of t'he current revenue, the city
should issue Its warrant Which iis an order
on a particular fund, an instrument made
by the c'ilty on itself.
'Furthermore, that With the present issue
of 'bonds, the city h'as no. authority to cre-
ate a bonded debt until the year has ex-
pired. Respectfully submitted,
JOHN S. STEWART,
City Attorney.
Adjouncd.
NO OLEW TO TIHE ASSA'SSIfN.
»NO definite clew to the identity of ifl!
cowardly assassin of Deputy Sheriff Carl
F. Courts, who was shot and killed Satur-
day night while 'talking to the proprietor
of a dance hall in tlhat portion of Chaney-
vOle known aw 'Terrapin Dake has been se-
cured. The pliace is lnfasted with negroes
of tiie lowest order and for Home time past
I Mr. Courts had made matters interesting
I for -the lawbreakers of that class. A tele-
i graph operator of the Southern- Pacific ob-
serve! a man r unning a way -from the scene
•nh'ortly after the shot. Which -wots fired
I through t'he pane of a window, -was heard,
I but he is unable to state anything definite
as to the color of -the suspect.
I The deceased wa9 a splendid officer and a
; true hearted, generous man, and his sad
I and uniolmeiy taking off la deplored in all
1 classes of society. The funecal took plies
tills morning at 10 o'clock from the -late
residence, Rev. J. C. »Midyett officiating.
The interment was made in the family
bnival grounds and was largely attended -by
friends of the dead man.
Meiasrs. Albert Erich-on. F. P. Nolan, Joe
Williams, Fred Erichson. Joseph Devine
and Frank Davis acted as pal bearers.
The deceased leaves a wife and several
children.
Sheriff Erichson has offered a reward of
$200 f »r tihe arrest and conviction c.-f the
nu«i£i$ln. an 1 in addition Juc-t ee Joseph 3>e-
\ ue offers for any private "information
that will lead -to his arrest.
REAL ESTATE TRANSFERS .
P. E. Greer to Anna Bingham, lots 25
<}nd 26. block 53. La Porte; $1
O. *M. Sherman to Rey Green et al.. lot
7, block 5, Sherman Place, 'in Thomas
Ohoate league; other considerations.
George L. Porter ct al. to James Palmer,
lots 7 and x. block 42, of Chapman's third
addition; $350.
James W. Callahan to Elora A. Callahan,
lots 1 and 2, block 181, south side Buffalo
bayou; love, affection and $5.
William Halm and wife to Sarah Kuhl-
man, all real and personal property that
they may be entitled to in the state of
Texas as heirs of John Kuhlman, deceased,
or of Annie Kuhlman; $3:13.34.
William Halm and wife to Sarah Kuhl-
man. an undivided one-tenth interest in
840 acres originally patented to John Kuhl-
man; $356.66.
F. E. Koehler to Hubert Alfred Atkins,
lots 11 and 12, block 1, of Koehler's first
addition; $125.
S. li. Strong and wife to Amelia P.
Withrow, part of block 288, south side Buf-
falo bayou; $2851.
R. C. Howard to R. P. Granger. 14 acres
out of eastern part of Luke Moore league;
other considerations and $1.
Galveston and Houston investment eom-
Dany to R. P. Granger, lot 2, block 4, of
Fair Ground addition; $792.40.
Same to same, lot 1. block 4, of Fair
Ground addition: $16G3.9o.
Frank F. Arnim to B. Joseph Invhoff,
lot 4, sec. 11, and lot 11, sec. 6, of Harris
county school lands; $36n.
J'ames D. MeKlnnon to Mltchel Thomp-
son, lot 12, block 574, south side Buffalo
bayou,, out of James Wells survey; other
considerations and $200.
Mltchel Thompson to L. C. Halloway,
same; other considerations and $200.
Iona Pannell to Seth B. Strong, part of
lot 20, of the Gegor Heiss addition; $2500.
Charles Wossner to William Manger, lots
4 and 5 and half of lots 3 and 11, block 359,
south side Buffalo bayou; $1500.
FELL FROM A SCAFFOLD.
About 9 o'clock this morning as Messrs.
Collins, Flynn and Blake, three plasterers,
were engaged in stuccoing the front of the
new hotel building -being constructed by
Mr. 'Henry 'House, corner of Travis -street,
and Capitol avenue, and whUe -working
about on the level with the third floor, the
scaffolding gave way precipitating -them to
the ground 'bel'ow, a. dint a nee of about forty
feet.
None of the men are reported to be se-
riously hurt. Mr. Flynn had -h:is ankle bro-
ken or dislocated, 'Mr. Collins was bruised
about the face and Blake received slight
bruise's. No bones were broken with tihe
ppssi-bie exception of -Mr. Plynn's ankle.
These men were employed 'by 'Messrs.
©annell, iM'a thews & Harding, contractors,
at whose expense they -will be provided -for
until aibie to resume -their work.
OFFICIAL ORDER.
The following order has just been sent
out for the benefit of the military:
Headquarters Second Brigade, Texas Vol-
unteer Guard, Houston. Tex., Nov. 24.—
Order No. 2—Paragraph 1: The following
commissioned brigade staff is hereby an-
nounced aid-de-camps: William 1). Cleve-
land, jr., W. L. Moody, jr. They will be
obeyed and respected accordingly.
Paragraph 2: The following non-commis-
sioned brigade staff is hereby announce;!:
1. Woods Moore to be brigade quartermas-
ter sergeant. 2. C. D. Olinhint, brigade
clerk. J. S. Keaghey, brigade hospital
steward. They will be obeyed and respected
accordingly. By command of Brigadier
General Richard Cocke,
H. G. HIGHSMITH,
Assistant Adjutant General.
NOT IN COURT.
The habeas corpus hearing of Henry
Gcildiblatt, who "Wjais arrested a few days
ago charged with theft committed at
Hempstead, Waller county, wan cai.led for
trial before Judge S. H. BraSnear of -the
district court this afternoon. The state
•was represented by District Attorney J. K.
P. Gi'llasp'ie and H. F. Fisher represented
the defendant. When the case was cai-led
•the defendant was not in court. The -sher-
iff was directed to cail him, -which he did,
and received no response from the young
man.
The court thereupon ordered that a judg-
ment be entered against the bandsmen, F.
:H. PoitthQ'ff and M. R. Robinson for $500,
the amount of the bond. lAn aiias capias
was also ordered -issued ifor -G old-blatt.
CIVIL DISTRICT COURT.
FeaJUherstone & Co. et al. vs. Celeste 01-
1'ivler? dismissed for want of prosecution.
Liem oni us & Co. vs. Rogers & C.; con-
tinued for service.
Island City savings bank vs. J. H. Blake;
eaaime order.
C. Dillingham, receiver, vs. Cookson &
W'isen; set for January 13.
'Same vs. Witherspoon Bros.; continued
generally.
Farmers' loan and trust company vs. J.
A. Stone et al.; same order.
Easton & Rintoul vs. same; same order.
J. -M. Fro-st vs. Gulf, Colorado and S'anta
Fe railway company; set lor January 9.
J. T. D. Wilson vs. H. Clime; continued
for service.
George H. Hermlan vs. Galveston, Hair-
riwburg and San Antonio railway company;
set for January 0.
J. J. Settegast vs. Si Packard, receiver;
continued generally.
G. and E. Kl'ott vs. T. R. Barnes, receiv-
er; set for January 15.
Phoenix lumber company vs. Waterworks
oomplany; set for January 10.
(A. R. Riailey vs. A. II. Belo & Co.; set for
December 17.
T. D. Cobb vs. Ilousition Belt and Magno-
lia Park railway company; set for January
4.
Same vs. Port Houston 'land and improve-
ment company et al.; set for January 14.
Eliaaibeit'h P. Floeck vs. Planters and Me-
chanics' national bank; set for December
13.
F. R. Franklin vs. San Antonio and Aran-
sas Pass railway company; set for Decem-
ber 12.
E. R. Austin vs. R. F. Stevenson; set for
January 18.
Jules De Jarles vs. Western Union tele-
graph company; set for December 17.
A. J. Forstall vs. C. W. Bocock; set for
January 18.
R. P. Farrell vs. Houston City street rail-
way company; setltleid.
Houston land and trust company vs. J.
C. Walker et al.; set for January 13.
Kate Robinson vs. Street railway compa-
ny; settled.
U. M. Frost vs. Peter Cajbel; set for Jan-
uary 14.
T. A. Stewart vs. J. LaCombe et al.; con-
tinued generally.
F. Juergens vs. Missouri, Kansas and
Texas railway company; set for January C.
J. D. Artusy vs. Street railway company;
settled.
Rosa Wade vs. same; settled.
Karl Moers vs. Texas and New Orleans
railway company; set for January 6.
L. F. Allisn vs. heirs of John 'Morgan;
set for January 14.
George Morris et al. vs. W. H. Kegans et
al.; set for January 9.
Wm. Wal'laice vs. New Orleans cotton odd
company; continued generally.
Peter Bowman vs. Frank Johnson; con-
tinued for service.
J. H. Durer vs. Frank Burke et al.; con-
tinued generally.
Isaac Heffron vs. E. II. Viasmer et al.;
set for January 18.
■Same vs. R. 'Mc-Iiae et al; continued gen-
erally.
Same vs. H. Bates: same order.
Wm. Slocum vs. Dave Russell; set for
January 2.
Phi Ills Johnson vs. Omaha and South
Texas land company; set for January 4.
Jiohn Mu-ller vs. W. J. Settegast et al.;
set for January 6.
J. H. Kirby vs. J. D. Davis; set for Jan-
uary 2.'
iM. Lyons vs. City; December 2.
L. & H. Blum land company vs. Houston
>3a»t and West railway company; -set for
January 13.
Annie Robinson vs. E. T. Ambler; set for
January 14.
W. E. Hailey vs. Ransom Sutton; set for
January 15.
Same vs. Joe Lewis; continued.
J. I\ Oarr vs. Gulf, Colorado and Santa.
Fe railway company; set for l>e<»ember 23.
1. L. Lyons & Co. vs. E. E. Lankford;
continued for service.
Frederick Cole. Jby A. C. Herndon, vs.
J. 11. Burnett; set for January 10.
A. A. Moore vs. Frank Dunn; set for
January 2.
Bitter & Ccnley vs. W. E. Thomas; se't
for Dec ember
Nornie L. Eieholtz vs. S. N. Smith; set
for second Monday of February term.
J. F. O'Connor vs. .Mary A. Ruby ct al.:
set for January 13; two cases.
Same vs. Mariana. Corvoss; continued
for service.
Same vs. W. M. and B. 1\. Jones; same
order.
.Mary F. Anderson vs. J. M. D. Turner;
si t for January 15.
V. M. Frost vs. W. B. Nichols; set for
January 14.
Same vs. E. H. Vasmer; set for January
14.
Same vs. V. J. and J. J. Setttgast; set
for January 14.
Houston improvement company vs. A. T.
Patrick et al.; set for January 13.
-Houston land and trust company vs. Geo.
B. Walker et al. ; set for January 13.
Flora Corbin al. vs. R. J. Thacker et
al.: set for January 16.
T. C. McKay et al. vs. Hy C. Pye et al.;
cant towed ge nerail y.
CRIMINAL DISTRICT COURT.
The December term Qf the criminal dis-
trict court for Harris county commenced
this morning, Judge E. 1). Cavin presiding.
The grand jurors for -the term are: Her-
man Keller, foreman; S. E. Allen, Charles
Berns, J. Clay, G. Hillendahl, J. D. Town-
send, Ivouls Hayger, G. Dupree, H. Hart-
man, J. A. Boulet, H. E. Deitering and
J. F. Kessler.
Petit jurors for the week: Dave lliggs,
Herman Sehield, Ernest Beutel, Ed Fritz,
Apgust Michael. John W. Barnett, Louis
Bathe, A. Duclas, 1). B. Davenport, F. K.
Danish, H. Quade, Henry Weed, Calvin
Ehrhardt, Ne»edhum Lee, Robert Eggling,
Dave Perkins, Lopis Wlttel, Steve Alman,
G. R. Gray, Charles Appelt, (May Richey,
William Boatz and Louis Teige.
The occupation tax cases, set for to-day,
went over till to-morrow.
COUNTY COURT.
The following cases were disposed of in
the county court to-day:
H. Rout'h, trustee, vs. W. R. McClellan,
garnishee; judgment for plaintiff against
the garnishee for $147.oO, with interest at
10 per cent from July 3, 1895, and costs of
court in this cause and in cause No. 66 in
the justice court precinct No. 8, and that
the garnishee be allowed $15 for answering,
to be taxed as costs.
John Taylor vs. T. J. Frankenfield; dis-
missed at plaintiff's costs.
RECORDER HILL'S COURT.
Annie Baldwin, disturbing the peace;
fined $10 and costs.
Frank Burke, drunk and disorderly; fined
$1 and costs.
A. White, assault and battery; fined $5
and costs.
George Simmons, assault and battery;
dismissed.
John Quin, alias Kid English, assault and
battery; fined $10 and costs.
C. Turley, alias Humphrey, drunk and
disorderly; fined $1 and costs.
TOWN NOTES.
The members of the Ladies' reading club
are to have an interesting meeting to-mor-
row, (Tuesday) afternoon.
County Clerk Dupree issued the following
marriage license** to-day: W. M. Harris
to Hattle C. Morris, George Gordon to Mrs.
Dora Griffin. #
The Golin will case was to have come up
in the county court Friday, but was post-
poned to Saturday, then to-day and will
likely get up to-morrow.
This evening there was a good audience
at the opera house to witness the presenta-
tion of "Fantasma." The spectacular part
was very fine. It plays to-morrow even-
ing.
Mrs. S. K. Melihenny has postponed the
reception set for to-morrow, complimentary
to Miss Be mis of Buffalo, on account, of
the non-arrival of the young lady, who
was unavoidably delayed.
There were very interesting services at
the First Baptist church last evening and
an eloquent sermon by Dr. Lamkin, the
pastor. Nine seekers after religion were
made members by baptism.
The citizens' executive committee on ex-
cursion to this city from the interior will
have a meeting to-morrow evening at 8
o'clock to continue their work recently be-
gun. It will be held In the rooms of the
'Houston business league.
News of a sad case of destitution comes
from near Sheldon, in this county. A fam-
ily living tn a tent out on a bald prairie
has for some time been without the most
ordinary necessities of life. The father has
been sick in bed, and all the mother and
children have had to live upon have been
su. h nuts and acorns as they were able
to gather in the adjacent woods.
PERSONAL MENTION.
Mrs. J. R. Morris has returned from a
trip up north.
Mr. A. T. Wat kins has returned to the
city after a business absence.
Architect E. T. Heiner has returned from
a visit to -the Atlanta exposition.
Captain John Connlff of the Crescent
news company, headquarters at New Or-
leans,. is in the city.
Colonel Louis Ulrner of the Anheuser-
Busch brewing association, left to-night for
W'ash/ington, D. C., his future headquar-
ters. Mrs. Illmer will remain here until
March.
ifmi iff
smy
if
FIND
lar
est piece
good Tobacco
oTer sold "for
BASTROP NOTES.
Bastrop, Tex., Nov. 30.—Thanksgiving
services were held at the Methodist and
Episcopal churches at 11 o'clock Thursday,
and despite overhanging clouds the attend-
ance was good at both places, while flower
and song and sermon paid tribute to the
constant flow of blessings vouchsafed to
this prosperous old town. A Thanksgiv-
ing ball at night under the auspices of the
fire department was given at the opera
house.
Homer T. Wilson, the eloquent lecturer
and preacher, delivered a splendid lecture
011 Tuesday night on the subject of "True
Manhood," holding a large audience spell-
bound with the charm of his silvery tongue
and leaving lasting impressions for good
in the minds of his delighted hearers.
Rev. H. M. Sears and family will leave
for the Methodist conference at Brenham
next Monday.
Tha convict gang, sixteen in number, are
reported as doing splendid work.
District Attorney W. E. Maynard is at
home enjoying a vacation between courts.
Mr. and Mrs. W. A. McCord, Miss F.
Chambers and Hon. R. J. Price will attend
conference at Brenham next week.
Mrs. J. D. Craw of Temple is the guest of
her mother, Mrs. J. Holland Jenkins.
MOVING A SAW MILL.
Colmesneil, Tyler Co., Tex,, Dec. 1.—The
machinery of the big mill at Bowers Is be-
ing taken up and placed In the mill at
Fleming Station, the Bowers mill having
used all the timber sufficiently near to
warrant its running further at that place.
Over two years ago the mill at Fleming
Station was burned. Mr. Fleming begin-
ning immediately afterward to rebuild, but
the decline in lumber prices and demand
soon after caused him to stop operations,
letting the frame of his new mill stand, in
statu quo until the past few weeks. It is
expected that the Bowers machinery will
be put In and the mill at Fleming will be
running by the 1st of February. Its aver-
age daily capacity will be 75,000 feed.
Throat diseases commence with a Co-ugh,
Cold, or Sore Throat. "Brown's Bronchial
Troches" give immediate relief. Sold only
in boxes. Price 25 cents.
JUST THE THINQ
FOR A
Christmas Present
Any lady will appreciate such a useful and beautiful gift as our
"Scovill's m Gold"
!
Puff Box
AXO A BOX OF
Pozzoni's Celebrated |
Complexion Powder |
Pozzoni's is the ideal Complexion Powder—beautifying, refreshing, cleanly,
healthful and harmless.
Both at vour druggists or fancy goods dealers—50c or mailed on receipt of
price. Address J. A. 1'OZZOM PIIAKMACAL, CO., St. Louii, Mo.
The Man Who
Resembled
CHRIST.
By A. CRESSY M0RRIS0R, j
| is one of the Leading Articles, with 9 euyrav- 1
1 Idkh, in tlie Superbly Illustrated 1
CHRISTMAS NUMBER]
of the luraovjcu
Frank Leslie's
POPULAR
MONTHLY
The Ilumlnoaicpt \11mhrr of the Year.
Other Illustrated articles: '•MiiftterariU Man," !
a powerful Russian story, by I.vof N. Tolstoi;
"Heroines ami Heroine Worship." by I,Ida 1
Kose McUabe; "The Herolnes-of Chivalry,1' by '
Mrs. Frank Leslie; "Literary Boston," by I
Lilian Whiting; "How tha Wtxes Joined the I
Tour Hundred,'" by A. Oakey Hall; "One I
Christmas Eve." a story of the time of bt. |
Louis, by Emily B. stone; "The City ot |
Dordrecht (Holland)." by Walter Armstrong; (
"The St. Nicholas Society," by Wllf. P. Pond; 1
"A Japanese Story," by TeiiohJ Yamagata;,
"The Mistletoe Bough/' a Christmas nugges-
tlon;and three chapters of the fascinating Vir-
ginia novel. "The Magnet stone." by Kruriees
Swann Williams, etc. Send for Premium I-lst. 1
( Ou all NcwH-gtnnd«i. Price rents. (
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Window
Glass.
We offer all sizes of Single and Dou':le
Thick Glass at the lowest possible
prices. All the Glass we handle comes
direct from the factories in car lots,
which insures delivery here free of
breakage. Send us your orders.
JAMES BUTE,
HOUSTON.
AUCTION 8AI1S&.
AUCTION SALE TO-DAY 10 A, M,
BY E. P. ROGERS & Co.,
At Salesroom, 2210 Postollice Street.
Marble Top Oak Bedroom Suite, Ward-
robes, Chairs. Ito-kers, Dressers, Springs,
Mattresses, Bedding, Parlor Suite-, Mat-
ting, Pictures, Curtains, Shades, Chiffon-
iers, Extension Table, Safe->, Cooking and
Heating Stoves, Tinware, etc.
GROCERIES: Butter, Cheese, Onions,
Pecans, Snuff, Tobacco, Canned CloodiS, etc.
INSIDE: Overshlrts, Shoes. I'nderwear,
Hosiery, Notions, China, Silverware, Cloth-
ing, Watches and Sundry Merchandise.
Auction Sale of
Cottage Furniture
Wednesday, December 4. 1895,
On Premises, S. W. corner Tenth and Market sts.,
commencing at 10 a. m.
Comprising in part: Three Complete Oak
Bedroom Suites, Oak Dining Table, Chairs,
Oak Office Desk. Book Cases, Fine Assort-
ment of Medical Books, Portieres, Shades,
Lamps, Bedding, Cane Rockers, Matting.
Carpets, Rugs, Hearting and Cook Stoves,
Safes, Tables, Brie-a-Brac, Mattresses,
Springs, Bedding: and other household and
kitchen goods.
Also Fine Imported White Leghorn and
Black Spanish Chickens, One Fine Jersey
Heifer, One Buggy. Also Wood, Coal, etc.
W. N. FRITTER, Auctioneer.
Ihe Semi-Weekly News
ONE YtAR
ONE DOLLAR
CLUB SODA.
CLUB SELTZER.
CLUB LEMONADE.
CLUB POTASH.
CLUB QUININE.
CLUB GINGER ALE.
ENGLISH CLUB MINERAL WATERS.
READY MIXED CLUB COCKTAILS.
DAVISON CO., TREMONT STREET.
MANHATTAN.
VERMOUTH.
MARTINI.
WHISKEY.
OLD TOM GIN.
YORK.
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The Galveston Daily News. (Galveston, Tex.), Vol. 54, No. 254, Ed. 1 Tuesday, December 3, 1895, newspaper, December 3, 1895; Galveston, Texas. (https://texashistory.unt.edu/ark:/67531/metapth465410/m1/3/: accessed May 21, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Abilene Library Consortium.