The Waco Evening News. (Waco, Tex.), Vol. 6, No. 161, Ed. 1, Saturday, January 20, 1894 Page: 5 of 8
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THE EVENING NEWS SATURDAY JANUARY 20 1894.
MIS
HORNBLOWER'S DEFEAT.
.nQtoncy and not Senato-nC0rKou"toSyCau3edlt.
Horablower acted as retereo in an
.if and ihn fitllirumo
important. B- - ---
-nnrt of NdW York Hkinned him
C0U ...... I. XTUU Vnrk World
aliv0 ().
Ve present its opiuiuu ''"""uii
jlr HiruMJwerH jiiugmeui.
LKllAb JfOO.l.KUY AK1) KKUiU-
MA. NOV.
The deeis'on will be found re-
.M XT A" K lO n tA mi 4l
hotted in ! " 1 " " "
Hollow"
u-Kirl. J- re-examinawuu ui
this cise upo" lllis "otion for a re-
TEiunciit sat Mies ua that wo made
10 111 -s.aKU IU UUl UCUIOIUU. i
Blo of lav of material fact was
(verlooked or misapprehended.
K 'Tnu noteH used by Uarriaon
) tdo purchase of the second
nortago bonus ot tne ranroaa
omp uy or in exchange for Huch
onus wero useu ounor riguuuiiy
r wrongfully by him. There is no
ireteuee 01 any uuuuaui uuiweuu
1 m and the plaintin under which
fccy were used or of any contract
uder-Ahun no agreeu 10 pay or
ow tho plaiutiil any particular
uni or price iur mum. bivuu u
3rrihL!i used them with the tacit
inet-ni (f the plaintiir we know of
oiuloof law which imposed upon
iiu ary liability to allow for them
oore tian tht'ir value.
i B what kind of legal ruprglery
an&.riibou be charged with the
ar value of these w rthleis notes
i the absence of any agreement that
e sbou d tike thun at tnat value
r of any proof that tho plaintiir was
amagid to the amount of their lull
aluf by tho use Garrison made of
ihemV
'In this equitable accounting bt -
ween these p.irtitB by what kind of
ecronui cy can these worthless
licues of 1 aper be transmuted into
iuie goldV There is certainly no
rool ani no huding ol fact in this
ecord upon which this enormous
ilaim of the plauiuil can Ijj based
'"In our former opinion no point
asdi'UiieMd .ud no position taken
hkh as not fairly embraced
ithintho record and presented by
licemons propei ly taken.
"I no motion should bo denied.
1 'An com.ur.'"
tho opinion of the court and that of
the refereo.
"The point involved can bo stated
is a few words. Griggs the plain-
tiff was indebted to Garrison for
monny advauced to him for about
1500000. The plaintiff re.
eoived from a railroad company its
note-) for l 'J 10710 7-2 and turned
them over to Garrison as collateral.
The company was insolvent and the
notes wero worthless. A portion of
the notes amounting to 320 0-12 li
against the compauy evideucod
thereby.'
"Tho merest novice in tho pro-
fession of tho law knows that tho
surrender without consideration of a
nolo given for an antecedent in-
debtedness does not extinguish all
or any claim founded thereon. Tho
chief justice says: 'By tho surron.
der ho did not intend to release tho
company from its indebtedness evi-
denced by the notes but ho intended
and elected still to hold tho iudebt
the refereo declared Garrison had eduess evidenced bv his charge in
surrendered to tho railrosd company ' open account upon his books. Tho
ODiigauoti ol tuo oompany was not
impaired or lessened by tl o transac-
tion and it owed just as much after
it as before.'
"Tliero was an of courso involved
in tho proposition; but the refereo
had exactly reversed its appropriate
application.
"( jWhih GarriBon held tho notes
as pledged of his own motion aud
without tho authority or sanction of
the plaintiff he made an original
entry in his books by which ho
assumed to become tho owner of
tLo notes at 75 per cent of their
face value. Thus assuming to havo
becomo the owner of tho notes ho
charged thorn against the compauy
in an open account and surrendered
them. Any bjokkeepor any busi-
ness man or any lawyer versod iu
tho rudiments of his profession
would say at once that theso entries
if effective at all oetweon the par-
ties would constitute Garrison tho
purchaser of the notes at the price
named. This was of course the
view adopted by the chiof justice.
But tho reforoe ignored tho original
ontry as having any signification in
determining the rolation of tho par-
ties illo treated the subsidiary
without consideration aud hold
that Garrison thereby became liable
for tho full faco value and interest
of these notes amounting to about
$500 100. Thereby the referee was
enabled to report a judgment against
Garrison's estato for $188000. How
did ho amvo at this result?
THIS WAS AUH'lil).
"1. He admitted that if Garrison
had unlawfully compromised the
worthless notes at any nrico. how
ever trifling ho would only be lia-
ble for tho amount received; but as
ho had surrendered them without
any consideration this constituted
a manifest difforonce which made
Garrison liable for tho entire face
value and interest of the notes. This
distinction the court of appeals
characterizes as being absurd.
"2 Tho referee said that tho au-
thorities appear to hold that in
such a case the pledgee elects to
take tho collateial note at the
amount duo upon its face in satis-
faction to that extent of tho princi-
pal debt."
"lie makes no citation of these
assumed authorities. Why did ho
ml iir cnV Tf ln lnnur nf ftnx- fin.
:.:n.fM. .i;.i BiiHri i entry in which Garrison charged
hi- difctinHo. wM it m nninntlv I the notes to the company as the sole
proper was it not due to the partioa
and their counsel that he should
make some specific referenco to
them? The point involved was
evidence of what Garrison intended
in respect to his relations with tho
plaintiff and thus imputed to Gar-
rison an election to take tho notes
certainly important involving as it T L"uu V .i i .
i-a i if ;n;. It iii L i justice held that tho original entry
did half a million of dollars in the! J. . ... . t.J
iiiuuu nail auy hiiiuiiicuiuu iu um
.1. DiriAL INDIGNATION.
Mimm ng up his aJveiso crit cism
If Mr Him iMwer aud reviewing
be opinion h i itton by Chief J ustieu
l Mr. D y has theso things to
ay:
i'J tie cn.ef j istico of tho court of
icaiM h'i prouounced tho judg
ment n fluid upon tho repurt ol
tsfert H jrnblower to bo 'illegal
cd u' i nt ' has oharactoriz d h.s
po- ii. n-1 as beiug 'sUrtling' and
ptepi si. ri u-i and has given auillu--
ration ciiuwing that theso proposi
tus w uld lead to eroiemuely
turd r. -nits llo further declares
hat tlu-e nronositions had no sup-
fr hi Ha Mnoof in tho case or
yen in the 'finding of fact' undo bj
lie l-iUree. and lnimiedlv assorts
bat the method adopted by tho
pfereo in arriving at his conclusions
str. tuo a peliatiou of 'ueciom-
dcj' m 1 'ltgil jugglery.'
ire in the deoision of any
ourt ot ut resort either stalo or
tderal wi.l there bo foutid any
leeism containin!? censure of null-
Ml at on as omnhatic and as often
pl'fa t- a is found in tho opinion
tu i nl j istiiu of the court of
t'pta -r U is further to bo borne
; m i tKat Chief Justice Eul is a
MUtti!' his renute for his kind-
t!i o uanni-r and temperance of
p"cu i (.u than for his varied
id a. i l-ito It iirninr'. Tho lan-
"aye i ri proof contained in Ins
fOs "li ts the mnnifnKtalinn of the
pet tuit ho was niovoked to iadi-
lal mil nation bv tho action ot tho
Frce. It is still further annarent
Mt tliiH lauciinrrn nf Tcnronf was
t aloi o tt at ot ho writer of the
I'lnun but received equally tho
ebherito aud speoil'n approval of
UK'S H v amnnutpo IltlOll tllO
Ench exetpt cf tho one who hap-
pned t i0 au intimate friend of
poref tu:
"Wis this cenpure deserved? Tho
'Ot tl 'it (tin inlr.au r.f iia i.nlirt
nsidend that it was ought to be
:cel'tel as a FtUibfactorv. if not
'DCluslVB. anu-or In ll.n nnnt.llin.
K one however his iho curi-
h- - -- i -- -- --. -
llJ or lutirest to know the specific
PUSfcS thill inatiiiiicl .lu i.liif
fniee and liiu auw.:n...o ia rmn
FaUl V asr'Prlair. V.. 1 ..n.nlln.
. "im iuoiu uy pouo"fj
accounting aud judgment for 183-
000 against a solvent estate. A
refereo receiving 7500 for his
judicial services could hardly claim
that he had not tho time to jot down
the names of a few esses upon which
he was predicating such momentous
results. The chief justico said:
" 'Our attention has betn called
to no case in la or equity which
upholds the plantiif's contention as
to these notes. I should bo greatly
surprised to find any and do not
buliovo there-are any.'
"Did the referee's neglect to cite
determination of that rolation
TDK CONTRARY WAS TKUE.
"5 Tho referee declared that the
plaintiff had ratified tho transaction
involved in tho entries. As was
notorious to every one connooted
with tho case this was the exact
contrary of what tho plaintiff had
actually done. As said by tho ch;ef
justico the plaintiff had in fact
specially repudiated it.
"VI. The refereo declared that
a novation had been made between
plaintiff and Garrison and tho rail
ho state that
authorities?
there wore such I
his assumed authorities arise from j roaa company -oy w.uci puwium
tho fact that he had no knowledge ; " disobarg'd from his debt to Gam-
of their existence . If so why did sou to the extent that Garrison bo-
a u.om Hiinh oamo 1110 Cieuuor in uie rauruuu
compaay upon open account upon
tho surrender and cancellation of
the notes.'
"In respect to this novation tho
Chiof Justico says: 'Here thero was
no novation and nothing resembling
it. Thero was no intoution to make
a novation no cousideration for a
A 11 AT CONTRADICTION.
3. The referee says: 'By
sur
rendering tho notes of tho company
ho of course extinguished all
claims founded thereon. He thus
iu iffect. released plaintiff's olaim
Awarded Highest Honors Vorld's Fair.
now contract no coucurronca of tho
three or oven of the two parties.'
"VII. Tho chief justice declares
that tho referee's conchi-don was un-
authorized by any proof in the case
and that the referoo had neglected
to mako any finding of fact in thoir
support. If tho refereo knov. or
thought ho know of any proof in
tho cae that lolit support to his
conclusions why did he not make
tho corresponding finding? If he
was conscious that thero was such
proof why did ho assuuto that there
was such proof in tho opinion which
led to such gravo results?
"Iloro wo havo seven ogrogious
judicial errors all relating to a sim-
ple issue in a case and contained in
less than three printed pages of tho
roferoo's opinion.
"Is not tho record whioh tho
refereo has made for himself in tho
Garrison cao a fair one by which to
measure Ih'b judicial capabilities?
Ho claims that ho devoted an im-
mense amount of timo to tho case
and estimates his services to have
been richly worth tho equivalent of
the ontiro annual salary of a justice
of tho Supremo Court of tho United
States.
"Tho magnitude ol tho contro-
versy ought to havo been Bullijionl
to Btimulato alike his pride and his
ambition to nnko a creditable judi-
cial performance. Tho suit in-
volved millions nominally and in
actual value to tho extent of any
judgment that might bo rendered
against Garrison's estato.
"Havo wo tho right to expect
from him in tho future any bettor
judicial performance than has been
exhibited in the Garrison ease?
Will it bo quito safe to place our
roforeo in au exalted judicial posi-
tion aud tako thoi liazird of having
his record in tho O irrison caso per-
petuated during tho balance of his
lifo by a series of 'illegal and un-
just' judgments?"
Commenting on tho effort made
to secure tho nomination of Horn-
blower tho Sun sayz:
There was little of the Sunday
peace about William B. Horn-
blower's homo yesterday Mr.
llornblowor is the nomineo for As-
sociate Justico of tho Supromo
Court and the United States Sati-
ate is to act on tho nomination to-
day. Air. llornblowor lives at 875
Madison avenue. Mr. Fra ois
Lyndo Stetson Prosident Clove-
laud's law paitner lives at No. 570
and William II. Peckham provi-
dent of tho bar association lives at
No. 085. Mr. Stetson is heartily in
favor of Mr. llornblowor for the
placo and so is Mr. l'eckham. When
tho Judiciary Committee of the
senate roported adversely on Mr.
llornblowor tho othor day it took
only a few moments for the Madi-
son avenno oontingont to assemble
and declaro that tho Bar association
should act forthwith. This was
done and resolutions alroady type-
written wero hurried to Washing
ton by special messenger tolling
the senato that the association did
not agree with tho Judiciary com-
mittee's estimato of Mr. llorn-
blowor. Tho llornblowor boom iB com.
pact. It is easily handled. It
stretches from 570 to 875 Madison
avonuo Now York City New York
couiuy United States of America.
All the messonger boyH in this ox-
tonsivo area were busy yesterday.
Don M. Dickinson was in Wash
' ington with a ginger-brown waint
' coat rivalling his ginger ale side
whiskers telegraphing like every-
thing to Mr. llornblowor Mr.
l-eokhani and Mr. Stetson. This
must ba done so said Mr. Dickin
son's tolegr3iiiH. The
ANNOUNCEMENTS.
cot i orricKits.
Couiiij 'I'miimin-r.
Tin' Nkivs i Riilhor ?.' I ti ninntiiiro Mont
It .stiuulcfor. ii cniolclim for County 1 roai
urcr nl t .cnuit ol.ctl. u
W.i r Htilhnrtrnit to nnnoiiro Jiwcph A.
Cll'ton n .11 Ruilulmv tr iioii lunlinii m Irena-
u no1 .Mul.eiiii 11 loiinly hiilijvct lultie action
of th Demo rnc of tnu cuiuiiy.
Th NflWi l nuthurU -il to nunouiici' W. It.
"ollon in n cii. ill niu lor Cmiulj- 'lieiHiuor
lit tho iisnluj.oUctlon mbject to th aitlim
of tuo ili'iinK-raito purir.
JITY OI'IK r.us
1 or Jl'iyiir.
Wo nroanthnrlroit to imnonnco O C. McCul-
lurli tlm imiifiii lurniiibunl fie n cm illil ite
tor ru-olcctlon to ti.o oillrr ol minor nf iho tlty
or Whoo t tlm cimtiliiL? t'li'i-tlon pill a.
liiu Nuns In mtburlrutl to n- noiu i-o J. Y.
llr lui'Thotr. i ii I'nuiltitiilu lor .Mnvor of tlm
oily ol rtuiii nt tlm miBiiiiifi floo.lon Aptlli
I'ltl'.CIM' I' lll'I'ICmiN
.1 UHlIrt of tin- I'l'iti-o.
Tin: Niwh le iiiitlintlml to aimotitico Mr.
W. II. Iinl-.iin n i-n illtl iln iu tin.' iiMironehltiK
i-Ivrtloii for JtiKtli'ii ollho roam 1'ivcli it No.
I Sli'I.iiiiiiau loiinly nubjrot lo tlio nrttonof
tlm Heiiiocrfttlo imrty
PHYSICIANS.
DR. BALDWIN
Kl'l'TUllK AND Knci'AI. Sl'KCIAl.lST.
I fiUiir.MUi'i' to ciiri.. ICupl iirr I'lli-i. I'In
lulu in Ann I It'tiritiiMl lliif um ll-
iln I'i'lii ami Vir IciM-oli" ultliout knlfo
or detention I nun burlncBa A jhij unf'l
rnr.
Why fi trn m nifTir wlionn enrols
off. ml you on hiiUi fnlr Ii'iiih. IliiinlroilH of
ohmh trint'it hi iv (I iirot.tul Wiiro tho pust
tliH'ii jo ii. smro joii nmy kniw. Wrltoor
cill Iur rf'r-iire llit Olllci- loomn S.i IHl 91
rruviiii-m miiiiiimj. w mt' 1 1:..
DENTISTS.
N.T. HARRIS.
); Ktny Austin .Irrimii.
PERSONAL.
Julgo (4eorge Ulark returned this
morning from Dillas.
Mrs. Rhv. F. K. Starr of Goliad
formerly of Waco is visiting hor
daughter Mis. .lohn C4rider.
Mr". Sam Ijissner from Lockhart
Texai is visiting her sister Mrs.
I"aac Siininons at her homo 017
Washington streot.
Mr. Frank Johns of Austin who
ha-i been the guest for some days of
his sister Mrs Goorgo Clark loft
this morning for Helton.
UiLliSSSlHSiSSCSI9f7WSXMSB2
I
Millinery Drossiiiiiking A Hair
l)rcssiii'r I'iirlors.
Pieaso come at once and
settle you account. I must
collect.
11 its. II. J.
4H' AUBtln Struct.
DOSS
i-Ii htnlir.
Flour
Ask for White Crests
tako no othor.
W. K. Kinkh ifc Go.
FORTY YEARS THE STANDARD.
The National Board of Health Washington D. C. in
BulleUn-Supplemenl No. 6 page places Dr Price s
Creim Baking Powder highest of all in leavening strength-
Lr n C Kedzie. ol the Michijfan State Agricultural College who
i Vv nnerintencleci the examination says : " With tne exception 01
own iuriiuu.i m"'"u" ui" -
r(
nr PRirC CKUAlM DlMOK.1 .
Sijouni conforming with nature's ow
found ever) sample more or less tainted.
boys had no sound reason to com-
ulain of tho L'enorositv of Mr
llornblowor Mr. J'eokham and Mr.
' Stetsou. Tho fato of tho nation
waB in tho balance and mott of the
United States senators wero in
Washington.
The efforts of Mr. IIornblowor'H
frionds to corral tho votes of United
States sonators in New York on
their way to Washington are merely
ltioiuonts. l no nuuou nonng anu
expostulations in Washington are
other features of the affair. Pdliti-
cianR at tho Ilt.ftman house and the
Fifth Avenue hotel last night who
had not been conversant with tho
procedure for landing a nomineo for
justice of tho supreme court had
their eyes opened and Mr. llorn-
blowor Mr Peckham'" Mr. Solson
and Mr. Dickinson leader of the
Washington forces (after tho presi-
ding were voted to be A 1 copper-
lined up-and up politicians. "
YJI.C.A.
Mr. J. Ii. Iliydon agent of the
Cotton Holt railroad will talk to
railroad men Sunday at I p. m. in
association hall. Subject: "What
Should bo the Rule of a Voting Man's
Life." A cordial invitation is ex-
tended to all.
Last night sonio forty mombors
of tho different committees gather-
ed at a tea inoetii g in the associa-
tion hall. After supper thero oro
talks on tho work of tho different
ojinmitteoH and all pronounced tho
oca-don a very prolitablo aud on-
messenger j j )yablo one.
How to Curo La Grlppo.
Alutit a year ago I took a violent
attack of la grippe. I coughed day
and night for about six week; my
wife then suggrslod that I try
Chamberlain's Cough Remedy. At
tiri-t I could see no diH'eronco but
still kept taking it and soon foutid
that it vim whit I needed. If 1
got no relief from one doso I took
another and it wa only a fow
days until I vtas fruo froi.. iho
cough. I think people in genoral
ouuht to know the value of thiH
remedy and I tiko pleasure in
ackiijwledging the benefit 1 havo
received from it. Muhkon
Muh-iAitii O.way Ohio. '-25 and
fjuoetit bottles for sde by 11. C
Kishcr it Co. and all druggists.
Vcffdiibles
Fresh u.uly from
J tho "rowers.
W. K. Finkh & Co.
l
m
ii
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tij
1M1
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The Waco Evening News. (Waco, Tex.), Vol. 6, No. 161, Ed. 1, Saturday, January 20, 1894, newspaper, January 20, 1894; Waco, Texas. (https://texashistory.unt.edu/ark:/67531/metapth115734/m1/5/: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .