The Austin Statesman. (Austin, Tex.), Vol. 18, No. 45, Ed. 1 Thursday, October 17, 1889 Page: 2 of 8
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Justin Mcchln Statesman Cbursfcan (October 17 l888.r
Satwhln Statesman.
AUSTIN TEXAS.
Entered as second-class matter. Otticeof
publication 11SJ West Sixth street.
SUBSCRIPTION ItATKS.
(Invariably in advance.)
DAILY.
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Postage free to all parts of the United
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Remit by draft on Austin postofllce
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ADVERTISING KATES.
FEB IlfCH 12 LINES NONPAREIL DAILY.
Rneclal nosltions on disnlav. Daily or
Weekly first page 100 per cent extra ; fourth
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Heading notices 25 cents per line first in-
sertion; subsequent insertions 18 cunts per
line; one month or over 1 cents per line.
Kpeciul position double rules.
Ouituurirsand tributes of respectchnrged
for at the usual rates.;
WEEKLY.
Display matter $1.60 per Inch first inser-
tion; subsequent insertions $1 ; on yearly
orders $:KI per inch per year.
Keading notices lite a line each insertion.
TEXAS SIISKEriiESENTEl).
In the appeal to tlio people of the
United States and the reHt of the uni-
verse sent out yesterday by the negro
convention in Illinois attention in di-
rected to outrages on the negro in
Texiis along with Louisiana and other
southern states. This foolishness of
northern negroes misrepresent-
ing afl'airs in tho south
has gono ahout far enough.
So far as tho people of Texas are con-
cerned such designedly untrue state-
ments against the honor of the white
people of the south might pass un
noticed; we are notafruid of the truth
hut thero is an ultimate purpose in
these misleading statements a
purpose hutched in the hrains
of malevolent white politicians
and which will show up
later along. We assert and defy con-
tradiction that the negro is treated
better in Texas than Illinois and
when the negro convention of Illinois
charges that tho colored citizen of
Texas or his family are subjected to
out rages in Texas it states that which
every negro in this state knows to be
false.
A riCOTEI TIVK I.E.Wil 10.
Whatever else may be said of Sec-
retary Blaine he is one of tho shrewd-
est managers in this or any other
country lie is handling the Pan-
American congress for all it is worth.
The delegates are being shown over
the country much as a rich farmer
exhibits his plantation to his poorer
visitors. The llispano-Amcricans
are carefully junketted to places
where they are sure to be impressed
with the magnitude of our manufac-
turing industries. There is a purpose
in this possibly unsuspected by the
representatives of the Central and
South American states. It will prob-
ably bo developed later along when
the congress gets down to business
after having got the idea that New
England is eqal to England and Cier-
many as a manufacturing country
and that the manufacturing states of
the north are fully competent to sup-
ply South America with the manufac-
tured goods that continent has here-
tofore been receiving from Europe.
Themanufacturingcountriesof Europe
have not only divined this pur-
pose but are alarmed at it
however smoothly and dexterously
Mr. Blaine may have attempted
to cover it up in his speech of welcome
to the congress. There is no doubt a
high protective taritl' league between
tho 1'nited States and the Hispano-
Amercan nation would be of incon-
ceivable benefit to the manufacturing
interestsof I'ncle Sam. The opportu-
nity now presents itself for initiating
such a movement ami when did the
manufacturers of the north ever slight
an opportunity of taking care of their
interests? In consummating such a
scheme the first thing to do
would be to convince Mexico Cen-
tral and South America that
they could very well get along
without the refuse goods Europe has
been unloading upon them for a cen-
tury and that they could be even bet-
ter supplied from the 1'nited States
that in fact it would be to their inter-
ests to cut loose from England and tier-
many altogether which could be done
by tho taritl' league whereat European
manufacturing countries are so fright-
ened. The object lesson is now being
taught the foreign delegates to the
congress. Secretary Maine is playing
it well.
THE NKOICO COLONIZATION SCHEME.
Tho bill granting a concession to
Henry Ferguson colored of Fort Bend
county and his coadjutor Ellis to
colonize the states of Ooxaca Miehoa-
con Guerrero and Vera Cruz with cot-
ton producing negroes from Texas and
other southern states has passed the
lower house of the Mexican congress.
Advices say it will pass the senate also
and be signed by President Diaz. There
is no use underestimating tho im-
portance of this movement. The be-
ginning is small as has been the case
with other and greater changes in the
labor of tho south ; but considering
the gregarious nature of the negro
there is no telling to what proportions
it may reach.
Ferguson estimates he can get
twenty thousand negroes from Texas.
Our colored citizens cannot well be
spared. We need their labor in the
cotton and corn fields. But if they
must go their places can be supplied
with white labor from the overcrowded
northern states. And if all the ne-
groes of Texas should join in the exo-
dus there would bo such a rush of
white immigration to this state as
would astonish ourselves.
The Statesman does not believe
Mr. Chalmers the republican candi-
date for governor of Mississippi quit
the canvass becauso ho was not al-
lowed to speak in that state. General
Chalmers is not that kind of a
speaker. It has been but a few years
since a memorable canvass was made
for congress in the "Shoestring" dis-
trict of Mississippi. The republican
candidate was Mr. John 11. Lynch a
colored man while the then demo.
crntic nominee was Gen. Chalmers who
canvassed his district with streaming
banners beating drums and booming
cannon and though the colored peo-
ple were ten to one against
tho whites Gen. Chalmers as-
serted had been elected. In view of
those facts if Gen. Chalmers really
has been denied tho privilege of open-
ing his mouth and letting the pent up
sound out upon the balmy breezes it
does look like his political chickens
are coming homo to roost.
London Si'EiTATOK : All the raw cot-
ton in the English market and all
lhatj'an be brought in within the
next few weeks has been bought up
by a Jewish merchant who has al-
ready begun to advance prices. The
manufacturers are trying to lessen
production hut they are afraid to shut
down their mills to any considerable
extent for fear of their workmen.
They find themselves between the
devil and the deep sea. To prevent
tho recurrence of such a dilliculty
they contemplate the organization of
a buyers' syndicate which shall en-
able them todispensu with the middle-
men who now furnish or refuse to
furnish their raw materials.
Philadelphia Kkcohd: Xothiiig
will do more to still'en the back of
trade in the United States for the
year 18!H) than the enormous cotton
crop of ISSi). Cotton is the one agri-
cultural product of this country that
other countries cannot do without.
Four-fifths of the cotton supply of the
world is grown in the southern states
and the expensive attempts made dur-
ing our civil war to encourage the pro-
duction of an independent supply in
other cotton growing countries has
not diminished the demand for our
great staple.
Takson Tai.mage of the Brooklyn
tabernacle urges the holding of a
great international religious conven-
tion and of a peace congress during
the world's fair in 1892. He says it
will be a grand opportunity for the
evangelization of the world. He wants
to make the world's fair a blessing to
the world.
New industrial and manufacturing
enterprises inaugurated in Texas dur
ing the first nine months of this year
amount to the large sum of nineteen
million four hundred and seventy-four
thousand dollars showing an increase
of two millions of dollars over the cor-
responding months of last year.
The time is rapidly coming when
New England manufacturers will pre-
fer competition with foreign manufac-
turers three thousand miles away
without a taritl' than with the south
only a few hundred miles away with
a t a rill'.
The candidacy of Attorney-general
Hogg for governor recalls the advice
given to the people of Texas a few
years ago by Hon. 11. G. Horr of
Michigan: "liaise more Hogg and
less Gehenna."
Texas is to-day the most prosperous
section of our country blessed as she
is with rich harvests of corn wheat
cotton and sugar and with enough
beef to feed the world.
SOME LAW -GOSPEL
I.ANO COMMISMONKII II. II. I IHtOl'S A
I.OAOKI) ISO.M1I OVKIt IN THE
JUDICIAL DEPARTMENT.
The Efforts of Tlmse ill Power Should be to
Welld an Influence to Restore and
Extend Confidence.
The following letter by Commis-
sioner Hall will be read with interest
the sub-heads being injected into it by
tho reporter who made the copy :
THE PROLOGUE.
Hon. J. 8. Hogg Attorney-general:
Dear Sir In your letter of Septem-
ber 10 you ask this department to
issue no more patents to the Houston
and Texas Central Kailroad company
for the reasons:
1. "That you deem the assignment
of the Waco and Northwestern claim
to the Houston and Texas Central
Kailroad company illegal and unau-
thorized and that the lands sought to
bo conveyed thereby never iri fact or
in law were earned from the state by
said Waco and Northwestern."
2. "That most if not all the certifi-
cates to the Houston and Texas Cen-
tral show that it has obtained sixteen
sections to the mile for 'sidings and
switches' in addition to every lineal
mile of road completed under tho law
thereby acquiring improperly more
thin 1000000 acres of land than
it was ever entitled to."
You say further "action to settle
these questions in court has thus far
been delayed on account of other im-
portant heavy litigation and other du-
ties that required tho undivided at-
tention of the force in this depart-
ment. Feeling that you have never
been fully advised of the premises this
letter is with profoundest respect ad
dressed to you."
HOME KEIKESHING FACTS.
I deem it proper to call your atten-
tion to the fact that it appears from
the records of this office that up to
January 1871) most if not all rail-
roads received certificates for sidings
except the International and Great
Northern. Hence the reasons given
by you for the withlnlding of patents
on the land grant made to the Hous-
ton and Texas Central Kailroad com-
pany apply with equal force to many
other grants the more important of
which are the Southern Pacific the
Galveston Harrisburg and San An-
tonio the Galveston Houston and
Henderson the Gulf West Texas and
Pacific the Gulf Colorado and Santa
Fe the Houston and Great Northern
the Texas and Pacific the Texas
Western Narrow Gauge the Denison
and Southeastern the East Line and
Red Kiver the Houston East and
West Texas. In fact in all the larger
grants to railroads except the Interna-
tional and Great Northern certificates
were given for sidings.
My information is that the lands
granted to nearly or quite all the rail-
roads above named have long since
pa ised from the ownership and control
of the original grantees and are now
helil by innocent purchasers in good
faith. The utmost limit of the inter-
est now retained by the original
grantees being an equity of redemp-
tion in a portion of two or three
grants. Most of tho certificates
received by the roads above men-
tioned were issued in the period from
1872 to 1878 inclusive or during the
ollicial ternisof Governors Davis Coke
and Hubbard who under the law
determined the amount of land to
which the roads were entitled. In
this same period certificates were is-
sued for more than half the lands ever
granted to railroads.
Few other governors of Texas per-
haps in popular estimation have been
more competent to construe a statute
than these gentlemen. Hence it is
not Grange that tens of thousands of
citizens of this and other states have
invested their money and labor in
these certilicates and the lands ac-
quired by virtue thereof. Governors
Davis Coke and Hubbard uniformly
authorized and directed the issuance
of certificates for necessary sidings as
is shown by the records of this ollice.
It is not possible now to determine
which certificates were given for sid-
ings; hence an attempt by the state
to recover will involve at least for the
time the whole of a given grant to
the impairment or destruction of its
commercial value and use and bring
distress perhaps disaster to the in
nocent citizen.
A STATE MUST ACT HONOIiAM.Y.
I feel constrained to sav that with
out surrendering any reasonable or
just claim to any of the domain which
was once hers the state should on a
basis of good faith and purity of inten-
tion on the part of those with whom
she must deal act justly and honestly.
Where innocent people are involved
as in tlii case she should have some
regard tor the acts and contracts of
her agents especially when those
agents carried the dignity and prestige
of chief magistrate of Texas. She cer-
tainly cannot indulge in conduct the
like of which by a citizen she would
not tolerate or adopt for herself a
code of morals such as has never pre
vailed among honorable men. It is
with the greatest esteem for you per-
sonally and the utmost respect for
you professionally and officially that
1 now beg permission to attempt to
clear this department from the impu-
tation contained in your letter that
it has been issuing patents to. the
Houston and Texas Central railroad
without legal sanction.
IGNORANCE IS BLISS.
So positive are my convictions in
the matter that I fun persuaded that
vour conclusions would have been
CUHIS WHUIE ALL tlt tAILS.
Best Oousrh Syrup. Tastus pood. Cee
in tinio. SoM bydrmri.'istt.
t -.11 AmHh MIHI
modified had you been thoroughly
familiar with the records of this de-
partment or had not overlooked
the statutes and decisions re-
ferred to hereafter. Let us
consider first the legality of
the transfer of the Waco and North-
western land grant to the Houston and
Texas Central Railroad company.
SLASHING DECISIONS.
In the several decisions of the su-
preme court in the case of Shirley vs.
Railroad it has been decided that this
land grant did not pass to the Hous-
ton and Texas Central Railroad com-
pany by the trust deed nor by the act
of merger but in the last decision of
this case rendered January 22 1889
the court says : "Wre are of the opin-
ion that the title to the land donation
of the Waco and Northwestern Rail-
road company did not vest in the Hous-
ton and Texas Central Railroad com-
pany by the terms of the conveyance
executed to the latter in February
1873 but this acquisition of the land
donation was consummated by the
Houston and Texas Central Railroad
company on January 24 1874" which
is the date of the deed executed by the
president of the Waco and Northwest-
ern to the Houston and Texas Central
Railway company now on file in this
office.
2. Was the land grant of the Waco
and Northwestern Railroad company
ever earned from the state? The vouch-
ers in usual form on file in this ollice
indicate that said grant was earned as
other grants were at that period. In
the case of tho Houston and Texas
Central Kailroad Company vs. W. J.
(juinlan in the district court of
Travis county March term 18S9
this question was raised by
defendant who argued that said grant
was not earned etc. The court how-
ever gave judgement for plain till' viz :
the Houston and Texas Central Rail-
road company assignee of the Waco
and Northwestern railroad company
and cancelled the patents under which
the defendant claimed the land in
conflict with unpatented surveys
made by virtue of certificates issued
to the Waco and Northwestern Rail-
road company. Appeal was taken
however and the question as to
whether this grant was earned or not
will be passed on by the supreme
court without the necessity perhaps
of another suit to test it. In the
meantime of course this department
will issue no patents by virtue of said
certificates.
3. As to whether the Houston and
Texas Central railroad was entitled to
land for necessary sidings or turnouts
is to be determined by the act of Jan-
uary 30 18")4 entitled "An act to en-
courage the construction of railroads
in Texas by donations of land." c-
tion 1 and that part of section 12
quoted below are the only portions of
said act bearing on the question.
Section 1. "Be it enacted etc.
That any railroad companies charter-
ed by the legislature hereafter or
heretofore constructing within the
limits of Texas a section of twenty-live
miles or more of railroad shail be
entitled to receive from the state a
grant of sixteen sections wf land for
every mile of road so constructed and
put in running order.
See. 12. "The provisions of this
act shall not extend to any company
receiving from the state a grant of
more than sixteen sections of land
nor to any company for more than a
single track road with the necessary
turnouts" etc. The words "with the
necessary turnouts" mean certainly
that the road should take no land for
unnecessary turnouts. It was for the
governor to determine from the re-
ports of his inspectors whether a given
turnout was necessary or not. The
object of the law was to encourage the
construction of railroads by means of
donations of land. A necessary turn-
out is an essential part of a road es-
sential to its operation.
A DIRECT QUESTION.
It is road. If it was not intended
to give land for turnouts these words
are superfluous and meaningless. Had
the intention been to give no lands
for sidings would not these words
have been omitted? That necessary
turnouts took land is the construction
given this statute by Govs. Davis
Coke and Hubbard ail three eminent
as lawyers and by my predecessors in
ollice. If they were mistaken even if
their acts were illegal should the
state question now? Should
she attempt to reimburse
herself at the expense of innocent
purchasers now holding in good faith
it matters not whether they be corpo-
rations or individuals citizens or
aliens?
POLITICAL CLAP-TRAP PARALYZED.
No one thing perhaps is so de-
structive to prosperity and develop-
ment as uncertainty in land titles. It
paralyzes effort prevent investment
and improvement.
Every consideration of public inter-
est and good policy suggests that the
etl'ort of those with power or in posi-
tion to wield an inlluenee be exerted
to heal to restore and extend confi-
dence to establish certainty in such
matters ; without of course any sur-
render of the just and equitable rights
of the state. But in view of all the
circumstances and history connected
with the issuance of certificates for
sidings can the state now question the
legality of the acts of her officers in
the premises even if she were willing
to disregard every consideration ex-
cept her own interest and good name?
I trust that upon a careful review of
this subject your conclusions may
agree with the construction given the
law heretofore or that you may con-
SHAMROCK SALOON
ESTABLISHED 1802. MIKE B0LAND PROP.
FirsUliJ Kentucky Sour
I Rye and Bourbon
PURE
ALSO GENUINE
Peach and Apple Brandies
Henry & Martel French Cognac
Irish and Scotch Whiskey.
The best stocked bar ever opened on Pecan street. Call and ex-
amine goods. Everything neat and clean. Polite attandmts. The-
wishes and tastes of the public specially consulted.
404 EAST PECAN STREET
the Milburn Wagon Company and Gerhard Hardware Store Autsn.
Oppo
sider that your official duty will have
been fully discharged by calling the
attention of the legislature to the
matter with the advice that the titles
be confirmed in the equitable owners.
This department is unwilling to
arbitrarily deny to any person or cor
poration what is clearly a legal right.
Its uniform ruling for years has been
that certificates for sidings issued
previous to 1871) were lawful and valid.
There is high authority and prece-
dent you perceive for this ruling
and it should not now be changed by
other than judicial authority.
Your statement that "action to
setle these questions in court lias
thus far been delayed on account of
otherimportant heavy litigation"etc.
is no definite intimation to this de-
partment that suit will be brought im-
mediately. I must advise you that
this ollice does not feel justified in
suspending indefinitely the issuance
of patents as requested but will re-
sume unless suit is filed within thirty
days.
With the greatest respect your obe-
dient servant
11. M. Ham. Commissioner.
Air nsn Cure fur Dyspepsia.
When a person is given to dyspepsia
as many people are by inherited con-
stitution and many more from ac-
quired habit a great variety of cir-
cumstances may lead to recnirent
attacks. With some people an impure
atmosphere or hot sunny and ex-
hausting weather or extremely cold
chilly weather will be unite sullicient
to encourage the approach of the
enemy and to throw wide the doors
for him to enter. If a confirmed dys-
peptic falls into a lower than ordinary
state of general health his one per-
sistent foe has it practically all bis
own way and makes life u perfect
misery.
Some dyspeptics have found out by
experience that a change of air from
town to country or sea or from a hot
relaxing climate to a colder one will
drive away their distressing symptoms
in a few days. Bad air or air that
though not bad for the robust is very
far irom purity cannot make the
blood pure like good air; it cannot get
rid of the waste tissues of the body so
completely as they should be got rid
of; it docs not stimulate and brace up
the spirits; it does not promote sleep.
On the other hand in order that di-
gestion may be comfortable and per-
fect there must be a sullicient quant-
ity of effective gastric juice secreted
after every meal. But this requires
pure blood and a nervous system in
sound working order.
By far the best thing for dyspep-
tics to do is to seek an immediate
change of air. It is often said of
drugs or rather it used to bo often
said of them that they "acted like
charms." Very few drugs indeed
have anything of the "charm" about
them. But a pure clear bracing at-
mosphere makes such a change in the
blood and nervous system in a few
hours that it almost deserves to' be
spoken of as a "charm." Hospital.
It has at last been acknowledged
that Dr. Thurmond's Lone Star Ca-
tarrh Cure is the peer of all catarrh
remedies by some of the best physi-
cians in the United States. Try" it.
For sale by Alexander &. Cornwall 219
East Pecan street.
San Antonio Rejoices.
From the San Antonio Express.
The first deep water harbor on the
Texas coast will be located at Aransas
Pass. This much is certain. The
Topeka convention was of a class to
compel accession to its demands. In
three years' time flie commerce of
half the world will steam into south-
western Texas. What this means
to San Antonio and tributary ter-
ritory can be easily foreseen". It
means tens of thousands of farms the
opening of waste places an incessant
iutlux of immigration a quickening in
trade in all of its channels money of
everybody's pocket in short a per-
manent and gigantic development.
An empire will pour its treasures into
our lap. The country touched by the
wand of prosperity will blossom as the
rose. No man will be denied employ-
ment. Ileal estate owners will be-
come wealthy through an unavoidable
accretion of values. It is a golden fu-
ture. Caution. Buy only Pr. Isaac Thomp-
son's Eye Water t'urefully examine the
outside wrapper. None other genuine.
Mash
11SIS.
:0:-
Virtue Is Holy by Comparison.
North Texas Farmer : The Austin
Statesman received a notice from one
of its subscribers to this effect:
"There are so many murders thefts
and other crimes published in The
Statesman I feel that I ought to quit
taking the paper." Daily papers are
invariably filled with accounts of atro-
cious murders and diabolical crimes
and it is right that it should be. The
publishing of the names of criminals
and a description of their crimes
does more to suppress evil
than all other reform practices even
the pulpits cannot do as much and
we sustain the daily papers in expos-
ing to the world all sorts of evil
doers and it does lay bare the atro-
cious conduct of evil men and depicts
the wickedness of the world as it
really is. Tho hordes of reporters all
over the world are as eager as detec-
tives to invade the haunts of vice and
seek out evil doers to hound them to
punishment by publication. Without
having pen pictures of evil the moral
element would not know where to
draw tho line. Evil is made more ;
monstrous and virtue more holy by i
comparison.
Ladies if you suirer with nervous-
ness weakness bad rest and a feeling
of lasitude take Dr. Thurmond's Lone
Star Blood Syrup and your miseries i
will at once be ended. For sale by 1
Alexander & Corn well 21'J East Pecan i
street. I
A Talc of Discrimination. I
Tyler Keeord : Texas has woolen f
mills and cotton mills and yet herein J
Tyler and Tyler is one of tho largest 1
retail markets in the state thero is
not to bo found a bolt of such cloth
manufactured in Texas and all be-
cause tho railroads discriminate
against home factories in favor of for-
eign factories in freight rates. We
need a state railroad commission to
remedy this. The legislature has not
and we are prepared to say cannot
all'ord us the desired and needed re-
lief. $100 Reward
For any case of constipation that Dr.
Thurmond's Lone Star Blood Syrup
will not cure. For sale by Alexander
& Cornwell 219 East Pecan street.
He Is Able Honest and True.
Denison Herald : John Ireland is a
deep man a close student and an em-
inent jurist. He is also well posted
on questions of political economyand
in the lower house of the national
legislature he would be an improve-
ment on L. W. Moore the present
incumbent who has failed to make
any record for himself or district
worth speaking of. Moore has served
a term in congress and to-day there
are many people in Texas who don't
know that he has ever been to con-
gress so obscure has he been while
there. John Ireland whatever ehSc
may be said of him has the courage
of his convictions and is a man of pro-
nounced political principles.
For boils carbuncles old sores
rheumatism Bright's disease indiges-
tion constipation take Dr. Thur-
mond's Lone Star Blood Syrup. A
sure cure. For sale by Alexander &
Cornwell 219 Eas Pecan street.
To Many Mortgage nml Loan Companies.
Fort Worth Gazette : To The Aus-
tin Statesman: A town that has
eight national banks seven mortgage
and loan companies five six and eight-
story buildings in progress eleven
railroad outlets bagging moss-collar
stove wagon shoe and numerous
other factories and street cars run by
electricity ought to have .$10000000
of assessed values. Come now don t
you think so?
Mrs. Christian Xelle Carondelet
Mo. is one of hundreds who have tried
their family physicians in vain and
were finally cured only by the use of
La-cu-pi-a. La-cu-pi-a cured her of
forty-three-year chronic vlcer on the
leg.
Olijeet Lesson for Congress.
The official map of the Argentine
republic shows that that country has
direct steam communication with Eng-
land twelve times a month with Ger-
many twice a month with Belgium
..: i: i. rmiiPB and
nine limes u iuoulu vwiu .
Portugal twelve times a month w L
Spain six times and with Italy four r
times but no direct communication
with the United States.
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The Austin Statesman. (Austin, Tex.), Vol. 18, No. 45, Ed. 1 Thursday, October 17, 1889, newspaper, October 17, 1889; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth278187/m1/2/: accessed March 28, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .