The Galveston Daily News. (Galveston, Tex.), Vol. 56, No. 17, Ed. 1 Saturday, April 10, 1897 Page: 5 of 10
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THE GALVESTON DAILY NEWS, SATURDAY, APRIL 10, 1897.
m f
J. II. BARTHOLOMEW APPOINTED
TRAFFIC MANAGER OF THE
MAM.ORV LINE)
in mi
He tV«e the Company'* Representa-
tive on the Board of Ad-
ministration.
J. B. Bartholomew has been appointed
traffic manager for Texas of the Majlory
line, officially known as the New York and
Texas steamship company, with headquar-
ters in Galveston. The appointment takes
effect*April 15. Mr. Bartholomew will ar-
rive from St. Louis on Wednesday, April
14, and will lose no time in getting into
harness.
The rumor of Mr. Bartholomew's appoint-
ment was current among railway officials
yesterday, and a News representative
called upon Captain Sawyer, who confirmed
it by reading a private letter received by
him from Mr. C, H. Mallory during the
morning. Mr. Mallory stated that in ac-
cordance wilh the consultation he had had
with the captain on the occasion of his
visit here a few days ago, he had appoint-
ed Mr. Bartholomew, that his title would
be Texas traffic manager or traffic man-
ager for Texas, and that he would begin
his duties on the 15th of the current month.
Captain Sawyer said that the field was
broadening to such an extent that it was
absolutely necessary to have some one in-
charge of the railway department of the
company. He said that several railroad
men had been mentioned for the position,
but Mr. Bartholomew had been selected as
the best possible man to fill the place.
Mr. J. B. Bartholomew is one of the best
known railroad men in the southwest. He
was born December 11, 1845, at Bristol,
Conn., and entered the railroad business
as night operator of the Chicago, Rock
Island and Pacific railway at Iowa City,
la. ^P'rom 1S72 to 1881 he was agent and
traveling auditor of the International and
Great Northern railroad. From 1881 to 1884
he acted as joint agent of the Texas and
Pacific, Missouri, Kansas and Texa# and
the Fort Worth and Denver City railways
at Fort Worth. Tex. He left that position
to become division freight agent of the
Texas and Pacific, occupying that position
for three years. In 1887 and 1888 he was
chief clerk in the general freight office of
the Missouri Pacific lines in Texas. The
following year he represented the Vandalia
lines of this state. On August 5, 1889, he
went to the International and Great
Northern as assistant general freight agent
and served in that capacity until April one
year ago, when he was appointed the rep-
resentative of the Mallory line on the board
of administration of the Southwestern traf-
fic association at St. Louis.
IXTKRSTATE COMMISSION.
A Meeting of Railroad and Jobbing
Interests at Dullaa.
Dallas, Tex., April 1—There was a meet-
ing to-day of railroad men and commercial
people to map out a line of action to b«
pursued before the hearing by the inter-
state commerce commission at Austin on
the 18th instant. Among those present were
General Freight Agent G. W. Barnhart of
Tyler, and General Attorney E. B. Perkins
of Greenville, both of the Cotton Belt; Geiv
eral Freight Agent Allen of the Missouri,
Kansas and Texas; Assistant General
Freight Agent Geo. H. Turner of the Texas
and Pacific, and General Attorney T. J.
Freeman or the same line; Judge N. A.
Stedman of Fort Worth, attorney for the
jobbing interests; Commissioner J. B. Den-
ison or the Galveston freight bureau; Man-
ager James M. Steere of the San Antonio
freight bureau; Manager J. B. Farley of
the Dallas freight bureau, General Attorney
M. A. Spoonts of the Fort Worth and Den-
ver City railway, and Messrs. J as. Mo-
ronev, Jules Schneider, A. P. Tenison, M.
L. Kaufman, W. A. Tabor, C. A. Keating,
F. W. Trumbull and Hughes of Dallas. The
discussion was informal and indulged in by
all of the gentlemen present.
It was decided that the Texas railroads
and the Texas Jobbers should be fully rep-
resented at Austin on the 18th and that
they will all stand together. The hearing
is called for the purpose of inquiring into a
petition of the business men's league of St.
Louis for a reduction of the differences
between carloads and less than carloads
rates between St. Louis and Texas com-
mon points. The St. Louis people allege
that the difference is unreasonable and pre-
vents them from competing with the Texas
jobbers.
Texas Jobbers hold that if the present dif-
ferences should be reduced it would result
in driving them out of business and make
St. Louis the market for this state. They
contend that the maintenance of the dif-
ference is necessary to enable them to com-
pete with St. Louis at all; that it was found
by the railroads, after years of experience,
to be the only way by which, the Natural
advantages that St. Louis enjoys over Tex-
as by reason of water rates and nearness
to the factories could be equalized. The
Texas people say that it was not the pur-
pose of the interstate commerce commission
to deprive one section of the country of an
opportunity to compete with another, and
they do not believe the difference will b©
disturbed^
A iarge»delegatlon of St. Louis people is
going to be at Austin and apuear before
the interstate commission, and it is ex-
pected that the hearing will develop Into a
pretty contest.
The New Gulf Houd.
OmAha Bee.
Within less than ninety days Omaha will
have direct connection with the gulf
through the completion of the Kansas City,
Pittsburg and Gulf railroad. With Omaha
as its northern terminus and Port Arthur
as its southern outlet, the opening of the
new line will mark an era in Omaha's com-
mercial prosperity.
Up to this time Omaha has been at great
disadvantage as a distributing center by
reason of the policy which the Chicago
roads have pursued in operating their lines
with a view to getting the long haul to Chi-
cago to the detriment of Omaha Jobbers
and manufacturers. With a rival that can
not be brought into the Chicago combine
Omaha will at least be placed on an equal
footing with Kansas City in the matter of
Missouri river rates. At no distant day the
new line will al50 afford Omaha a more
direct communication with the Atlantic sea-
board than can be had by way of Chicago,
thus enabling this city to become a dis-
tribution center in competition with cities
to the north and south that have succeeded
in Invading territory naturally tributary
to It.
The new gulf road, moreover, will open
for Omaha an undeveloped field for selling
end buying products that now look else-
where for their market. The region through
which it passes is rich In building materials,
especially timber, thus making possible
competition between the pineries of Min-
nesota and the forests of Arkansas, Louisi-
ana and Texas. The coal fields of the south,
which have heretofore been out of reach
of Omaha dealers, will also become acces-
sible. furnishing an important factor in
Omaha's industrial development.
With the upward trend of business which
has already set in. the new gulf railroad
will be opened just in time to afford a ma-
terial contribution to the revival of com-
mercial and industrial activltv and tho
complete restoration of prosperity.
General Agent Downey.
Houston, Tex., April 9.—Mr. Harvey
Downey, the general agent in Texas of the
Chicago Great Western railway, has re-
turned from a trip over tho line to general
headquarters at Milwaukee. He was but
recently appointed to the position and it
was from his first visit to headquarters. He
visited the peoule of his company and was
muoh gratified. He was cordially received
and says that their appointment of a gen-
eral agent here for Texas almost amounts
to Houston having another avenue of traffic
from hdre tr the great northwest. His lino
extends from Kansas City on the west to
Milwaukee and Chicago on the east. He
said:
"That Is a great country and we have a
superior Hne for passenger and frtlght bus-
iness. We are going to hustle for big re-
sults. The staple products of the north-
west will be brought over our line to the
gulf and we shall endeavor to ship the
products of south Texas, or all Texas. In
that direction, wherever they are to go. 1
think we can improve the business a great
deal and in that proportion help this country
very much. We do business over connecting
linee from here to Kansas City and hence
reach every part of the state and give to
the state the oeneflt of a very fin«» and fast
service. My work in this line is new and
of course I can't say, or even indicate, what
we will be able to accomplish, but if the
traffic Is to be had at all we will get It. and
Houston will be very largely benefited by
Mr. Downey has lived in Houston most
all of his life. He was with the Santa Fe
for several years and later was receiver and
then general freight agent of the Houston
East and West Texas railway, headquarters
in this city. He has had a wide experience
in railroading for a man of his years.
Co-Operation Needed.
Globe-Democrat.
In its decision of the Colorado freight
rate case the interstate commerce commis-
sion took occasion to excoriate one of its
ex-members, Mr. Aldace F. Walker, in his
capacity as receiver of the Atchison, To-
peka and Santa Fe. When Mr. Walker
was receiver of the Atchison, Topeka and
Santa Fe in 1895, the road was charged
with vio.ation of the fourth section of the
interstate commerce laws by making lower
rates Ort freight to Colorado points than to
intermediate points. Receiver Walker con-
tended that this action was not In violation
of the law for the reason that there was a
dissimilarity of circumstances and condi-
tion® because there was then prevalent a
rate war between different competing lines
to those points.
The commission says: It is certainly true
that the act to regulate commerce is de-
fective in many important respects, and
that this commission is power.ess at many
points where it ought to be effective. It is
equally true that the law might be en-
forced, to a much greater extent certainly,
if the railroads of this country would lend
their influence thereto, if the receiver of
the Santa Fe road, instead of taking the
law into his own hand9, had given us the
benefit of his hearty co-operation, the ille-
gal practices of which he then complained
could undoubtedly have been stopped in
that Instance and an example made of those
who inaugurated those practices that would
have gone far toward discouraging similar
violations of the law in the future. Whether
he should so assist in the enforcement of
the law was a question entirely for him as
a man and a railroad manager. We make
no criticism upon his course in deciding not
to co-operate in supporting it, but we must
decline to accept as a va.id excuse for his
violation of the law the fact that that law
was disobeyed by other parties, when that
disobedience arose from his own attitude
toward it.
The Pee-Gee and New Orleans.
President Van Nostrand and a party of
gentlemen who are interested in the de-
velopment of the New Orleans and West-
ern have gone to Kansas City from New
Orleans and the Times-Democrat makes
this statement;
"It is barely possible that the visit of
Mr. Van Nostrand and liis friends to Kan-
sas City may be inspired by the fact that
the Kansas City, Pittsburg and Gulf road
will make this city its terminal, and that
in this fact there are great possibilities for
Port Chalmette. As mentioned before in
the Times-Democrat in this connection,
should the road in question do a large grain
business, as there is every reason to antici-
pate, with this city, terminal facilities other
than those possessed by the Southern Pa-
cific and Texas and Pacific roads will be
necessary to expeditiously handle the trade
coming here over the new route. Port
Chalmette offers a solution to this prob-
lem. The cars may be ferried to Chalmette
from both of the lines mentioned, and Chal-
mette will be enabled to do a splendid busi-
ness by the arrangement.
"The fact also that there is to be inau-
gurated shortly a big business between
Kansas City and this port in the matter of
dressed meats and from Texas points in
live cattle may be. sufficient reason for the
journey of the party to Kansas City. Chal-
mette property contains nearly 2<H)0 acres
of grazing land. No better location for the
establishment of a live cattle terminal could
be asked, and this feature is known by fhe
shippers In Texas from a personal inspec-
tion of the locality."
Southern Puelile Rules.
Houston, Tex., April 9.—The general
passenger department of the Southern Pa-
cific has issued circulars announcing rates
as follows:
For the convention of the Knights of
Maccabees at Austin on May 4 to (i, inclu-
sive, rate of one and one-third fare.
Tickets to be sold on May 3 and for trains
arriving at Austin on the morning of May
4, and to be limited to May 7.
For the international convention of the
Young Men's Christian association at Mo-
bile, Ala., on April 21 to 25. inclusive, rate
of one first-class standard fare. Tickets to
be soid on April 19 and 20 from all points
except El Paso and Marfa, from which
points the dates will be April IK and 1!». All
tickets will be limited to April 30 for re-
turn.
For the meeting of the Bankers' associa-
tion at Belton on May 11, 12 and 13. rate of
one and one-third fare. Tickets to be on
sale on May 10 and limited to May 14.
Ruilroud Agents Arrested.
Kansas City, Mo., April 9.—E. S. Jewett,
city agent of the Missouri Pacific railway,
and H. L. Harmon, general southwestern
ticket agent of the Burlington railway,
have been arrested for keeping an office
for the sale of railway tickets without a
license. The ordinance tinder which the
ticket agents were arrested is a new one.
It fixes a license of ISO a year for each
ticket office in the city. The railways
pooled and will make a strong light on the
constitutionality of the ordinance on the
ground that railways are governed by in-
terstate commerce laws and are therefore
not liable to city ordinances.
Fiiianeier Senrles.
Houston, Tex., April 9.—John E. Searles,
president of the Baltimore. Chesapeake and
Atlantic and vice president of the Minne-
apolis and St. Louis, passed through the
city to-night en route from San Francisco
to his home in New York via New Orleans.
He was traveling In his special car. Wild-
wood. and was accompanied by a party of
friends and relatives. Besides being quite
prominent in railroad circles Mr. Searles Is
a well known financier and is president of
the American sugar refining company.
To Take Off a Train.
Dallas, Tex., April 9.—On Easter Sunday,
April 18, the Missouri, Kansas and Texas
railway will discontinue the Katy flyer to
St. Louis, leaving them a double dally
service. The reason given by the manage-
ment is that the tlyer Is operated at an
expense of $20,000 a month and that the
patronage does not justify the continuance
of three trains out of Dallas to the north.
The new schedule will be announced in a
few days.
Tratfio R«*muiii«m1.
Houston, Tex., April 9.—General Passen-
ger Agent W. G. Crush of the Missouri,
Kansas and Texas has issued the following
circular under date of April 7:
To ticket agents: Effective at once, you
can resume the sale of tickets to points
east of McKenale via Memphis and the
Louisville and Nashville railway. Traffic
on the Louisville and Nashville railway is
no longer affected by high water.
Morse Taken a Vaeution.
General Passenger Agent 8. F. B. Morse
of the Southern Pacific road left Monday
for his old home in Iowa for a long rest.
Mr. Morse is not well and he thinks that
a few weeks spent in the country, away
from all worry, will bring him round.
Assistant General Passon«er Agent Mc-
Carthy will have charge of affairs during
liis absence.
Old Oflleei'H Re-l£lected»
Parsons. Kan., April 9.—At a meeting of
the directors of the Missouri, Kansas and-
Texas railway and Kansus City and Pa-
cific railways the old officers were re-
elected without exception.
The Leglnlu(ive Committee.
The Oklahoma and Kansas delegation of
lawmakers visited the Jetties yesterday
morning and In the afternoon they went
to Beaumont via the Gulf and Interstate
railroad.
Central Redueed Rules.
Houston, Tex., April 9.—The Houston and
Texas Central has announced reduced rates
for the Christian Endeavor convention at
Houston on May 4, 5 and C. Tickets will
be sold on May 3 and 4 and limited for re-
turn to May 7.
The Central has also authorized reduced
rates for the meeting of the grand lodge
of colored Knights of Pythias at Sherman.
IIounIoii Notes.
Houston, Tex.. April 9.—Traveling Auditor
J. J. Morrisey of the Santa Fe was up from
headquarters in Galveston? to-day.
The usual rate of $1 for the round trip will
be in effect on all roads between Houston
and Galveston Sunday. The Galveston. La
Porte and Houston will put on an extra
train, the "Seaside Special," leaving here
at 1.30 p. m.
General Manager W. G. Van Vleck of the
Atlanltc system of the Southern Pacific left
last night for Austin, where he will look
after business matters to-day.
G. T. Leake, chief clerk to O. L. Teach-
out. superintendent of the Texas railway
mail service, was in the city to-day.
Two train loads of cattle pasfied through
here to-night en route from lieran to
points in the Indian territory.
Auditor T. A. Kearns of the International
and Great Northern was here from head-
quarters in Palestine to-day.
Commercial Agent Charles D. Golding of
the Rock Island has returned from a bus-
iness trip to interior points.
General Passenger Agent C. W. Nelson of
the Galveston. La Porte and Houston waa
in Galveston to-day.
Charles F. Byers, general freight agent
of the P.ay Shore Hue. went 10 ualvuvston
this afternoon.
A. J. Vick, livestock agent for the South-
ern Pacific, left to-night for New Orleans,
l.oeal 1'et-MouolM.
Mr. A J. Welch, division passenger agent
of the Nashville. Chattanooga and St. Louis
railroad, with headquarters at Memphis,
was in the city yesterday.
IN VITA TIONS E XT ENDED.
C hamber of Commerce Looking Out
for Three OrgiinixutlouM.
The regular semi-monthly meeting of the
directors of the chamber of commerce was
held in the rooms last night at 7.30 o'clock.
Messrs. Geo. E. Mann, E. S. Levy, Wm, F.
Ladd, G. Reymershoffer, M. F. Mott, A.
B. Homer, Luclan Minor, and C. H. Mc-
Master were present.
Judge Geo. E. Mann, first vice president,
presided in the absence of the president.
An application for membership from Mr.
Jas. T. Morris of the Star restaurant was
read and he was unanimously elected to
active membership.
A circular letter announcing that the
fourth session of the South and West grain
and trade congress- would be held in Kan-
sas City, Mo., May 5 and 6, was read and
referred to the committee on Importation
and exportation, with the suggestion that a
strong delegation be obtained to attend the
meeting and the one for 1898 secured for
Galveston if possible.
A communication from the secretary of
the local Travelers' protective association
post requesting that the chamber join in
an invitation to the state association to
hold its next convention in this city was
read and the request granted.
The secretary was instructed to write the
Galveston representatives in the legisla-
ture, protesting against the passage of tho
bill now before that body, requiring all
suits for $250 or less to be brought in the
county in which defendants reside.
Colonel Mott was appointed chairman of
a committee of five to secure information
regarding the San Antonio and Gulf Shore
railroad, and endeavor to secure the con-
struction of that line to this city.
The secretary was instructed to preparo
and send to the various commercial organ-
izations throughout the country for their
indorsement, copies of the memorial on
reciprocal trade relations recently sent to
the presidents of Mexico and the United
States by a committee of the chamber.
An invitation was ordered sent to the
Interstate commerce commission and the
Kansas and Texas railrcad commissions
to visit this city ami Investigate our harbor,
wharf and terminal facilities when they
complete their labors in Austin, about the
middle of this month.
After some discussion of routine matters
the directors adjourned.
THE HIGHER COURTS.
Supreme Court.
W. W. OX SHIER VS. ABRAM NAVE ET
AL.—Certified questions from the Third
district.
Suit brought by W. W. Oxshier against
his three children for partition of com-
munity property owned by him and his de-
ceased wife and to offset a debt of F. G.
Oxshier, one of the children, to the com-
munity against his interest therein. Nave
was made a party defendant and the plaint-
iff sought to restrain him from selling a
portion of the land belonging to the com-
munity, levied on as the interest of F. G.
Oxshier therein under an execution on a
judgment in favor of Nave and against F.
G. Oxshier. Plaintiff sought to restrain the
sale on the ground that F. G. Oxshier was
indebted to the eommunity estate in an
amount exceeding the value of his share
of the estate and that he was insolvent.
Before the death of Mrs. Oxshier Nave had
obtained his judgment against F. G. Ox-
shier and had filed an abstract in the prop-
erty to fix a Judgment lien. F. G. Ox-
shler's indebtedness to the estate was evi-
denced by noles payable to his father, W.
W. Oxshier. The testimony does not show
that the consideration for which these notes
were given was intended as an advance-
ment. and the court finds that his liability
to the estate was that of ii debtor. The
questions are:
1. Can the indebtedness of F. G. Oxshier
to the community estate be set off against
the elalm of Nave to the land through his
-judgment lien so as to defeat or diminish
his elaim to said land? Or, slating the
question in general terms, in the partition
of an estate, when a creditor of one of the
heirs shown to be insolvent has obtained c.
judgment lien on said heir's interest in the
real property, and said insolvent heir is in-
debted to the estate, not for property ad-
vanced, but in like manner as any other
debtor, will the right of the other distribu-
tees. as between them and said insolvent
distributee, to offset said indebtedness
against his Interest In the community, be
extended to and apply as against the judg-
ment lien creditor, who has bought the In-
terest of said insolvent distributee under
a sale made by virtue of an execution is-
sued on his judgment?
2. Will the fact that the debt of such in-
solvent distributee is partially secured by
a lien on other property in any wise affect
the rights of the parties?
Expressions in the opinion of this court
in the case of Powers vs. Morrison (SS
Texas, 188) in some degree foreshadow tie*
just principle upon which the question
should be determined. Under our statutes
the real and personal estate of an Intestate
descend alike to the heirs, charged with
the payment of debts and subject to admin-
istration for that purpose. Both the real
and personal property, when administered,
are subject to distribution among the heirs
in one proceeding. The debt of one of the
heirs to the estate is a part of the general
mass of property subject to distribution,
and if such heir fail to pay It, if more
than his share, so much of it as amounts
to the value of his share should be set
apart to him: if less than his share It
should be taken by him in satisfaetion of
that share so far as it will go. The prin-
ciple was applied in re Ackerman, 3 L. R.
(1891). Ch. Div., 212. and the opinion In that
case announees the true doctrine. All the
courts, except those which adhere to the
theory that. It is a race of diligence be-
tween the administrator and other credit-
ors of the heir who Is indebted to the es-
tate. hold that a creditor of such heir can
acquire no better right in the estate than
that held by the heir himself. Since when
the heir owes the estate more than tho
value of his share ami does not pay his debt
he has no interest in the other property of
the estate, it necessarily follows that a
creditor by a sale and purchase under ju-
dicial process of his nominal interest can
acquire no right in the property. The first
question is answered In the affirmative and
tho second in the negative. Opinion by
Gaines, C. J.
Court of Criminal Appeals,
(J. M. Hurt, presiding Judge; J. N. Hender-
son and W. L. Davidson, associate Judges;
W. A. Hudson, clerk. Austin term. 18!»7.)
Austin. Tex.. April 9.—The case of Thoa.
Tlnsley ex parte, from Harris county, was
submitted on motion to dismiss the pro-
ceedings. The court took the matter under
advisement until next Wednesday and fixed
the prisoner's bond at $2500.
ED HI
JOHN W. AUBHKJHT'S tf'-K.OOO DAM-
AGE SI IT AGAINST JAMES
STEWART A CO,
For strengthening and clearing the voice,
use Brown's Bronchial Troches. "I have
commended them to friends who were pub-
lic speakers, and they have proved ex-
tremely serviceable."—Rev. Henry Ward
Beech®*
. CifS 111
Mrs. Losleo Says She Is Married and
Cun Not Make Contracts—Hoys
Round Over.
John W. Allbright has filed suit in the
district court against James Stewar t & Co.
for $25,000 damages for alleged personal in-
juries. Plaintiff says that March 19 he was
employed by the defendants as a laborer.
That prior to that time the superintendent
ordered the plaintiff to help the saw boss
In the sawmill In ripping and (ross-cu'.tlng
timbers. On the day mentioned, Kdward
McCormick. the foreman, ordered plaintiff
to rip some strips off a ten-inch board, and
he was permanently injured by holding
the board up to the lead by reason of tho
failure of the defendants to furnish a safe
and reliable circular saw with which to do
the work. The saw, plaintiff alleges, was
badly worn from excessive use. and unfit
for further use because it was sprung ami
the teeth were too close together, causing
the board to suddenly shake and jar. there-
by cutting and permanently Injuring the
fingers of plaintiff's left hand. Plaintiff
claims that from Inexperience he did not
know the saw was defective. He says he
has been unable to do any work since, and
is permanently injured to the end of his
natural life.
OAlvES IIOLOS THE POSITION.
Drew for Position of School Trustee
and Got the Two-Vear Term.
A decision involving some interesting fea-
tures relative to election and terms of of-
fices of school trustees was handed down
yesterday by Judge Williams of the civil
court of appeals. The ca*e is that of An-
drew Brown et a)., appellants, vs. John
Oakes, appellee, appealed from the district
court of Fayette county.
At an election held on the first Saturday
1n June. 1895. In school district No. 1, at
Lagrange, appellee and two others were
elected as trustees for the colored schools.
After the election th trustees organized and
drew lots for their terms as provided by
section 50 of the aot of 1893. and John Oakcs
drew number two. by which he claims to
have become entitled to hold such office for
two years from the date of his election. The
superintendent of the county in INjiti ordered
an election of two trustees to succeed Oakcs
and his colleague who had drawn number
three upon me assumption that they held
for one year only. At the election the two
incumbents were candidates fur re-election,
but were defeated, and Appellants Brown
and Sutton elected Instead. Suit was in-
stituted by Oakes to restrain by Injunction
the county superintendent and the other
appellants from ousting him from office,
or otherwise Interfering wilh his possession
of it. A preliminary injunction was grant-
ed. ami ori final hearing judgment was en-
tered in Oakes' favor, perpetual lug the in-
junction and declaring him entitled to hold
the position as claimed. From this Brown
and Sutton appealed.
The county superintendent testified that
before the election lit 1*95 the state super-
intendent of public Instruction had issued
a circular by which he instructed that in
the election of colored trustees under act
of 1895, in order that their terms might co-
incide with those of the white trustees,
one should be elected for two years and
two should be elected for one year each;
that the trustees were accordingly elected
and drew lots for their terms and informed
him that Oakes and one of the others had
gotten the one year terms and the third
had gotten the two years term, and that
he entered their names,on the books and is-
sued to them their commissions, lie also
stated that he heard nothing of plaintiff's
claim that lie was enltled to hold for two
years until after his defeat at the last elec-
tion.
After a thorough review of the case, the
court says that the fact that the superin-
tendent of public instruction fixed the terms
for which the trustees were to be elected
does not affect the question. The subject
was regulated by the law. which could not
be thus altered. For the same reason tho
facts that the commission was issued to ap-
pellee for only one year and that he became
a candidate for re-election at Its expiration
can not control the decision. His title to the
position was derived from his election and
not from His commission, and his term of
office results from the effect given by the
law to the drawing. The Judgment of the
court below Is affirmed.
1m it \\ i?«* ii ml Dun Not Cnnlriiel.
The case of W. H. Blshlng against Mrs.
F. Loslco for alleged violation of contract
is on trial before Judge Morgan M. Mann.
Blshlng claims that in September last Mrs
Loslco invited bids for the erection of two
frame houses on property on Twenty-first
street and avenue P. The plaintiff claims
that he was tlie lowest bidder, and alleges
that the defendant entered into a contract
with him to build the houses, but that after
he had placed material on the ground and
ntade preparations for the construction of
the buildings, she refused to allow him to
proceed, and made a contract with another
builder. He claims that if he had been per-
mitted to erect the houses he would have
mado a profit of $U»1. and sues for that
amount of damages.
Mrs. Loslco alleges that though Blsplng
was the lowest bidder he failed to keep
his appointment with her at her lawyer's
office to sign the contract and bond, and
she employed another builder. She also sets
up that she 1s a married woman, but that
her husband is living abroad. As a mar-
ried woman, she says she can not enter into
a contract.
Ileum Seek* Divorce.
H. D. Hearn seeks a divorce from his
wife, Elenora Hearn. alleging unchastlty
prior to her marriage. He alw) says that
"ever since the marriage defendant has
continuously, against his consent, associat-
ed with girls whose reputation Is not of the
best and has treated his admonitions, gent-
ly given, to adhere "to the straight and
narrow path" with supreme contempt, and
all of which has been such outrage and ex-
cess as renders has living with her unsup-
portable. Plaintiff says he was a widower
before Ills marriage and has several young
children, "whose training devolves upon
him. and the defendant has shown by her
gay and giddy frivolities that she is "not a
suitable person to discharge the duties of
stepmother, and that her conduct dally is
of evil example and dangerous as a prece-
dent for his children."
Noxe ami l.ipM llled.
Laura Bryant filed suit yesterday in the
district court for divorce from Ben Bry-
ant. Plaintiff says they were married on
May 11, 1896, and lived together until Feb-
ruary, 1N97. when she was compelled to
leave the defendant on account of his cruel
and brutal treatment. She alleges that the
defendant kicked ami beat her on several
occasions, and that in September. 1896, de-
fendant repeatedly struck plaintiff in the
face and body with his ti.st, wounding and
bruising her, and causing her nose and
lips to bleed.
Royh Hound Over.
John O'Connor, George Gould, John Ryan
and T. Smith, four young boys, were tried
yesterday before Justice Barry on a charge
of theft (misdemeanor). The evidence
showed that, the offenders had taken about
three sacks of copper from the workshop
of the Santa Fe railroad and sold' it to a
man by the name of Cohen, a dealer in
Junk. They were held to the grand jury in
bonds of $100 each.
McNeul Hroughl Counter Charges.
.H. C. McNeal, colored, who was charged
with aggravated assault and battery on
complaint of D. Delpapa, was discharged
by Justice Finn yesterday afternoon. Mc-
Neal has brought counter charges against
Delpapa for intent to murder by snapping
a pistol at him, and aggravated assault and
battery by hitting him over the head with
an ax handle. Both eases were continued
until to-day.
Fined >pi£00.
Minnie Reid, colored, charged with keep-
ing a disorderly house on Winnie, between
Twenty-fourth and Twenty-tilth streets, on
April was tried before Justice Finn yes-
terday afternoon. The complaint was made
by L. Nora Davis, another colored woman.
After hearing the evidence, Judge Finn
fined the defendant $200 and costs.
Xew District Court Suils.
District court filings:
Sass & Cohen vs. J. S. Thomason, sr., &
Co.. notes and account.
II. D. Hearn vs. Elenora Hearn, divorce.
J. W. Albright vs. James Stewart & Co.,
damages.
Laura Bryant vs. Ben Bryant, divorce.
New Comity Court Suils.
County court filings:
Hanna & Leonard vs. J. M. Griswold.
suit on account for $259.69.
The Texas City improvement company,
garnishee in the same case.
I'rohute Court.
Morgan M. Mann, Judge.
Estate of A. F. Tonella. deceased; final
account examined, approved ami ordered
recorded; guardian and sureties on his bond
released from further liability.
•luoitlee Hurry's Court.
Polly Schaffer, cursing and abusing; dis-
missed.
John O'Connor. George Gould, John Ryun
and T. Smith, theft (misdemeanor); held to
the grand jury in bonds of $100 each.
A MARSHAL'S 111 IP.
Went Mile* to Serve Paper* In a Sail
Over a \o!e.
Deputy United States Marshal E. T. Dor-
ough has returned fcom rather an unin-
viting trip. Officers oftentimes have some
rough experiences !n getting to and Horn
places, even in these days of civilization,
because railroads are not run every place.
Trips across country, where habitations
are Isolated and the roads doubtful and
bud by frequent s unns oftentimes occur
in even the coast country of Texas.
About ten days ago he reeeiwd papers to
servo on'parties in Matagorda county. The
distance from Galveston is approxlmat< ly
75 mill s. Nevertheless lie had to go to
Houston 50 miles, down to Wharton 63 miles
and then across country to Haw kiusville 55
miles. He reached Wharton at :> p. m.
Tuesday, secured a conveyance but no
guide and set out for Hay City, which he
readied at p. m. In the morning he re-
sumed his journey and reached the llaw-
klnM plantation about noun, where he
served the papers.
The case is styled N. F. Alston vs. Arilia
A. Hawkins and Frank Hawkins, execu-
trix and executor of the (-state of Janus
B. Hawkins, and is from the I'nlted States
circuit court for tb< Eastern district of
North Carolina. Mrs. Hawkins told the
officer that It grew out of a note for $1000
which her husband, now dead, had given
her mother, also dead, sonic forty years
ago. Ho paid the note before her mother
died, but It seems the old lady had mis-
placed the note and In lieu of h turning it
as a receipt gave him an ordinary receipt.
After her death the note was found, suit
was begun, and, according to Mrs. Haw-
kins. the receipt was produced. She says
that she has twice won the suit and has
no fears about winning again.
The Hawkins estate appears to be a
good part of the county. While Mr. bor-
ough's infoimation is not accurate, he
judges that it covers an area of about S
by 15 miles. There is a growth of trees
there which Mr. Hawkins calls "Little
Woody tract." but he related an incident
of a party of hunters whom he permitted
to engage in a Utile sport and who shot
thirty deer in one day. lie said they had
later asked him for pe: mission to shoot in
ills "little woods." but lie had refused.
Mrs. Hawkins pointed out some trees that
had been planted 57 years ago. which arc
now about three feet in diameter. Almost
every kind of vegetable of the temperate
and semi-tropical zones grows on the plan-
tation.
Mr. Dorough left the Hawkins place early
in the afternoon and pushed on over rough
loads in the direction of Wharton, lie
made a remarkable shot withis pistol.
Killing two jaekrabblts with one shot. He
saw gnat quantities of game, such as
plover, prairie chickens and snipe during
the afternoon.
Along about 9 o'clock t\t night he eaino
to a house and, after rapping a long time,
aroused an old colored woman and asked
her if he could gel lodging. She said she
would ask ill" lady of the house, which
she did. There was a long confab and the
woman returned and informed him that lie
could not be accommodated.
"Tell the lady." he said, "that I am it
friend of Sheriff Iticli. and that I am a
stranger in these parts and do not know
the roads."
The old colored woman returned to the
lady with the Information that he was
Sheriff Rich, but'the marshal, in endeav-
oring to correct her. never succeeded in
getting It straight in her mind.
"Is there a man about the house?" he
asked, upon her return to the door.
"Con's they is."
"Well, send him here and let me talk to
him." lie thought he could get the man
to accommodate him.
The darkey again disappeared and after
a long conversation with the lady, returned
with tho information that he could not be
accommodated.
This was the only opportunity until
Wharton was reached for a place io sleep.
There was no moon and the roads were
dim. The marshal, however, pushed on.
About four miles from Wharton he gut into
a mud slough into which the horses were
plunged up to their holies. It wu* not a
pleasant sensation on a dark night In a
strange country, but lie nulled through all
right and at about J2.S0 drove into What •
ton.
A GOVMRVMM\T lllvU OV.
DuNkc y
Stolen
Alleued lo lluve
ii ml Injured II.
August Duske.v was arraigned before
United States Commissioner Dart yesterday
on charges of having Injured and stolen a
beacon, and was bound over to the grand
Jury In the sum of $50.
On the Sunday of the storm. March 27.
the beacon on the beach at the foot of
Ninth street was blown over. Witnesses
testified that the beacon was there on the
30th and later disappeared, only a few
bolts remaining. It was traced to Duskey's
yard, where It was discovered considerably
broken up.
Deputy United States Marshal McKenna
made the affidavits, in one of which lie
charges Duskey with having injured a cer-
tain beacon, property of the I'nlted States,
used by the proper officers thereof in the
Improvement of the harbor of Galveston,
ami In the other with having stolen, taken
and carried away from Its location on
Ninth street the beacon, used as mentioned
and especially in connection with the sur-
vey of the deep water off the bar at the
entrance to the harbor of Galveston and
of the beach south of the south Jetty,
"with the Intent then and there to convert
and appropriate material out of which the
said beacon is constructed to his own use,
without the consent of the United States."
Witness stated that the value of the bea-
con is $30.
The maximum penalty upon conviction is
five years or a $5000 fine or both.
lieu I lOMtute Transfer*.
Robert Palllser to Charles F. McCluskey
and wife, 12.1x120 feet of lot in northwest
one-fourth of out lot 136; $750.
Robert Palllser to Charles 1\ McCluskey
and wife, 12.1\I20 feet in lot 4, In northwest
oil i • fourth of out lot $750.
Patrick Itelllj tn Thos. iteilly and wife,
undivided on third interest in northwer i
oiie-ioiirth of (southwest one-fourth of out-
lot 136: $1.
Patrick Keilly and wife to Mrs. Kate P.
.lohii>"ii. undivided one-third interest In
northwest one-fourth of southwest one-
fotirth of out lot 186; $1.
William Zuber to Kmillo .Midler, 65x11!) feet
out of middle part of west one-half ol
northeast one-fourth of outfot 13; $122,'..
Thos. J.. .Maty I >. ami J. ('. League, by
Henry Thomas, sheriff, to Mrs. Otlllli Hoi-
man, lots \2, PI and II and west one-half of
lot 11. in southwest one-fourth of southeast
block of out lot 61; $3200. ...
Quit-claim de< ds: Heirs of Dennis Neil,
deeea.scd, to William '/uber, northeast one-
fourth of out lot 43; &.'■>.
Hans J. Lausen to William Zuber. 17^x119
feet off north end of lots J4. 13, 12 and II, In
northeast block of out lot 13; $10.
Leopold 10. Flvel to William Zuber, same
property us described above; $5.
Deed of ratification: Jesup Wake man to
W. W. and Kllz. H. Wakeman, northeast
one-fourth of out-UK 43.
or
J. H. II HI I. It'. \ AM) SON TO MA KB
A RIG SHI I'M FAT ON THE
GOV lilt NOR.
Endeavoring to Open t p n Trade via
(inl>ewton for >1 iirlInh|ue—Hlim-
ine** \\ ill Continue.
Tim following letter has been received by
a well known citizen of Galveston:
Portland. Me., March 24.-Dear Sir: As
you have taken so much interest in general-
ly encouraging business to Oalveston. and
optvlally in our favor, it will no doubt in-
terest you to know ihai al'Ui a wood deal ol
correspondence and lonsldcrabL' ncaotla-
tloms we have been able to see our way
clear to commence our shipping o<peratio>ns
via your port, although at one time tho
prospect, we may say. looked rather dubi-
ous. both on account of the extra cost of
railroad freighting, Little Rock to Galves-
ton, as wi ii as the remote chances of rcmi-
lar steamship facilities, after the cotton
shipping season was over.
Fortunately, through the good offices of
Mr. Reynierslioffer, in connection, no doubt,
with tile Galveston wharf company people,
we finally were able to make satisfactory
arrangements with tin railroad neople as
aNc with Messrs. William Parr & Co.. ship-
ping axents at your port, with the result
that a few days ago our Little Hock com-
pany sent out its first shipment, fourteen
carloads. In one lot, containing rising 150,000
staves, for steamship Governor, bound for
Liverpool via Galveston, at rates on a pari-
ty with our Xew Orleans engagements, with
the extra advantages, which I certainly ap-
preciated when at Galveston, of the termi-
nal faellitb s there.
While we are not sure as to the amount
of staves which has tip to this time been
shipped via your port, wv think that this*
first shipment of ours will be found to b"
the largest going out for some time, and If
regular steamship opportunities can, from
now on, be offered us. at reasonable rates,
we strongly believe that our Little Rock
company will b< able to turn a large por-
tion of their coming shipments, after their
present New Orleans engagements are ful-
filled. through your port.
We would also here state that the Meesi's.
Itcymershoffer of the Texas Star Hour mills
are continuing to make regular shipments
to our Martinique branch, and in time we
think we will be able to work up a profita-
ble business connection for them there in
their flour specialties; at least, we are cer-
tainly doing everything possible for this
end.
Besides this, and outside of our regular
line of foreign business, which, as you
know, is in staves, we are also giving Mr.
Gup Reymershoffer all the information we
have at hand or can obtain for him from
our foreign agents and correspondents, in
reference to Texas pitch pine lunibei, which
Mr. Reymershoffer is making a special ef-
fort to introduce into the English and con-
tinental markets.
We have placed him in communication
with our principal agents in France. Scot-
lit',id and lOnglaml, and in time we think
that he w ill be able to open up a profitable
connection in those directions tor the Texas
lumber. Yours veirv truly.
.1 II. HAM LION & SON.
Uy J. C. HAMLKN, Treasurer.
T'fc- COIICIIO'H I'liMNiciiuerN.
The Mallory line steamship Concho, Cap-
tain Sam Risk, is due to arrive to-day. and
has the following cabin passengers .'.board:
T. S. Miller. New Orleans; Dr. W. Seiper-
man, Galveston; \V. K Browning. San
Fianclseo; A. A. Aiken and C. I>. Holmes,
Galveston; W. F. Gushing. Hig SpringsT"7.
11 Ilium, Galveston: F. II Hauok, Los An-
geles: J. S. Howard. -Mrs. L. C. Abrains.
Galveston; J. P. Kirk. LI Paso; Miss M. i
Kuslde. A. W. Abbe. George F. Hunt. Lizz.e
McDonald, Gertrude McDonald, Qa.lvest.cn.
Arrival* mill Dcpnrturcd.
Port of Galveston, vAprll 9.
\R RIVED.
Seh The Josephine. COS tons. Townsend
master, twenty-one days from Baltimore,
with cargo.
CLEARED.
None.
SAILED.
None.
IinporlN tiiid fOxporta.
1M PO RTS-CO AST WIS E.
Pensaeola—Per steamship Pensaeola: 2500
tons coal. 25 tons pig iron, 1HS rolls of tine
wire, 47 kegs nails.
Vennelm In Port.
STEAMSHIPS.
Governor (Hr.). Thomson pier lo
Pensaeola. Simmons pier 34
SCHOONEKS.
The Josephine, Townsend pier 20
M. V. l>. Chase pier 34
Senator Sullivan, Crockett stream
VeNNelm Destined for Gulvcittoii.
STEAMSHIPS.
Name—Flag- Master. Sailed.
Belgian King 'Br.), Weiss Antwerp :t-27
Concho. Risk New York 4- ;i
Hlspanla (Oer.) Hamburg 3-27
Roland (Oer.) Bremen 3-:u
Robert Adamson (Br ), Woodruff
Copenhagen 3-31
vista (Br.) Liverpool 3-27
White Cross (Br.).Cardiff via Havana 2-27
SCHOONERS.
Viola Reppard, Babbidge Norfolk 3-26
BARK.
Albert Shultss Tinltimoro 3-10
Lille Murine \etv*.
Kpy West. April 8.—Arrived: Steamship
Concho, from New York ami salleil for (Jul-
vest on.
Liverpool. April s.—Arrived: Steamship
Explorer (Br.), from Galveston.
Movement ol* Vennels.
Queenstown. April 9.—Arrived: Umbrla,
New York for Liverpool, and proceeded.
New York, April S.—Arrived: Havel, Bre-
men.
Harmony Cluh FundIoiim.
To-night the Harmony club will give its
annual children's bull, complimentary to
the children of the members. All arrange-
ments have been perfected, assuring the
little ones, as well as the elders, an enjoy-
able time.
On Tuesday night. April 18. the Terpsl-
chorean orchestra will tender the Harmony
ol lib members a complimentary muslcale
in the club rooms.
- - - •
\litrriuire IdreiiKeM.
J. M. Daughty to Mamie K. James.
Clias. Streisand to Bertha Wilsucfekl.
Mother's
Allays Nerv-
ousness, re-
lieves the
Headache,
Cramps and
Nausea, and so prepares the
system that the time of recov-
ery is shortened and many say
"stronger after than before con-
finement." It insures safety to
life of both mother and child.
Al! who have used "Mother
Friend" say they will never be
without it again. No other rem
edy robs confinement of its pain
Book "TO EXPECTANT MOTHERS" mill led
free, containing vuluable Information anil vol-
untary testimonials.
TMC BRADFICLD REGULATOR CO, Atlanta.QA.
•OLD IV ALL DRUaaiSTt AT tl.OO l»EH BOTTLE.
AREWOMENREALLY WEAK?
\ml If So. In There Any Kxeane fo<
l( e iiiii i ii 1111; So?
"I feel sad every time I see a woman.'*
The above remark was made to the writer
by one of the oldest and most prominent
physicians in New York.
"is it possible that you are a woman-
hater, doctor?"
"Not at all; but I have seen so much suf-
fering, so many women who are miserable,
that 1 can not help feeling sorry for them
all. How many ladles do you know that
are perfectly well and healthy? How many
enjoy life as they should? Is this not
enough to make one feel sorrowful?"
"There must be a cause for all this, doc-
tor."
"There is. W hen a woman is weak, she
lvifuires .strength. All her functions must
he put in a healthy condition. Nothing
docs this so easily and surely as pure
spirits taken in moderation, either befora
meals or between meals. I know scores of
ladies that are kept In perfect health and
brilliancy by the judicious use of Duffy's
Pure Malt Whisky. Many of these ladles
are wins of professional men. and most
of them are temperance women. They
realize that Duffy's Pure Malt Whisky fur-
nishes the best and only positive help, and
they are Intelligent enough to profit by
such knowledge. The best temperance peo-
ple of to-day are the ones who use pure
spirits in moderation, and find that strength,
vigor, color ami brightness are. the results.'*
■n-v.
I«AI
\
Ww |
:-«o
• ;n
L|0
j»lo
j40
fMR]
1-30
;-2o
rio
Mp
Lio
—
^QOL
[ fff fy
fTW
of Hires Rootbecr
on a sweltering hot
day is highly essen-
tial to comfort and
health. It cools the
blood, reduces your
temperature, tone9
the stomach.
HIRES
Rootbeer
| should be in every
[home, in every
I office, in every work-
Ishop. A temperance
H drink, more health-
U ful than ice water,
I more delightful and
satisfying than any
other beverage pro-
duced.
Mad'- ouIt I>t th* CbarlM K.
Hlr«i Co., t*hlla«]iflphU. A pack-
iifu makes j gtlluua. Sold «*•
' crywburo.
Signature Is printed In
BLUE diagonally
across tho
OUTSIDE
wrapper'
of every
bottle of
(the Original
and Genuine)
Worcestershire
SAUCE
-Aa a iurther protection ngerfnat
ull imitations.
Agents for the United States,
JOHN DUNCAN'S SONS. N.' V.
T.L.Cross&Co.,
SHIP STORES AND CHANDLERY,
Manufacturers' Agents and Commlaitoa
Merchants.
Keep* 'ull stock on hand of everything ta
•ur line. Call and be convinced.
CORNER CENTER AND STRANO
G
ALVESTON'S REPRESENTATIVE
BUSINESS HOUSES.
ALPHABETICALLY ARRANGED
AGRICULTURAL IMPLEMENTS.
J. S. Brown Hardware Co., 1226-28 Strand.
BARREL MANUFACTURERS.
Oalv. Barrel Factory. Wm. Uuchan. Propr.
BREWERIES.
Lemp Bg. Co., Wm. G. H. Jansaen, Mgr.
CISTERN MANUFACTURERS.
Galveston Cistern Mtg. Co., 28th and Mkt.
CEMENT DEALERS AND IMPORTERS,
O. H. Henchman. 2420 Mechanto at.
Wm. Parr & Co.. KHIii Strand.
W. H. Pollard & Co.. Brick Levee.
COAL.
Flood & McRne. n. e. cor. 21st and Mech.
Fowler & McVltle. Cotton Exchange Bld'g.
E. H. Stellng, jr.. opposite News office.
"COMMISSION MERCHANTS.
Ktrkwood & Leeb. n. e. cor. Slst ft Strand,
Lant? & Weinberger, cor. 24th and Strand.
COTTON FACTORS.
Gust Heye & Co.. 22d and Mechanic.
GROCERS.
Wallls, Landes & Co.. 2409 11 Strand.
INSURANCE AGENTS.
Beall & Harris, Tremont and Strand.
Beers, Kenlson ft Co.. 2010 Strand.
LIVESTOCK COMMISSION.
Borden & Borden. Livestock Co., 58th, Mkt,
A. P. Norman, &Sth ami Market sta.
PAINTS AND OILS.
Rice, Baularil & Co., !lo Tremontst.
ROOFING AND PAVING.
Lawrence V. Elder, Sc's'r to J. W. Byrne*.
" SALT IMPORTERS.
Wm. Parr & Co.. 2102 Strand. <
cf1ANDLjsKg_
T. L. Cross & Co., 2101 Strand.
SHOW CASE MANUFACTURERS.
Southern Show Case Works, S3ZT Strand.
STEAMSHIP AGENTS AND BROKERS.
Fowler & McVltle. Cotton Exchange Bids.
Wm. Parr & Co.. 2102 Strand.
WHOLES ALB CANDY AND CIQARST"
Lung & Weinberger, cor. 24th and Strand.
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The Galveston Daily News. (Galveston, Tex.), Vol. 56, No. 17, Ed. 1 Saturday, April 10, 1897, newspaper, April 10, 1897; Galveston, Texas. (https://texashistory.unt.edu/ark:/67531/metapth465927/m1/5/: accessed May 26, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Abilene Library Consortium.