The Austin Statesman and Tribune (Austin, Tex.), Vol. 45, No. 70, Ed. 2 Wednesday, March 8, 1916 Page: 3 of 10
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THE AUSTIN STATESMAN AND TRIBUNE
WEDNESDAY, MARCH 8, 1916.
10
2/^25^.
Cluett, Peabody &Co..Inc., Makers
THIRD COURT OF APPEALS.
21
“BIRTH OF A NATION.*
616 CowdnnasSAvavu
IN HIGHER COURTS
CRIMINAL APPEALS.
Stebbins & James
-ez=
CANDIDATE IS VISITOR.
C
A
A
P
J l
a henjeM
A
South Texas Failway Co. vs. W. R.
A Bankers Fire Underwriters vs. W.
Lizzie Simmons, from
R E. Taylor.
SUPREME COURT.
AMUSEMENTS
ng
Judgments reversed
AT THE MAJESTIC.
T. E. Pierce, from Parker
Commercial
Applications refused:
is
i the
*
939
ne
"4s
Top
"I
Blanche Gaze, from Tarrant.
for
S
Spence et al.
Fletcher et al . from Fl Paso Connty;
CIGARETTES
A. R Coomher
RAflway Comnanv
5*
A
V
RK1
N
et
I
Ft: Touig Houth-
Stephennon et sl.
nd
0
un
sc-
4•
A F F Rv Co
(3
R. J. REYNOLDS TOBACCO CO, Winston-Salem, N. G
v
N
exal
c• *
Gdenlieo
Clothes for
All Men
win smokers because they find the blend of
choice Turkish and choice Domestic tobaccos so
refreshing; because they appreciate the absence
of tongue-bite, throat-parch and any
unpleasant cigaretty after-taste!
Six glases ot .
water daily and
Willie
John
Patrick
< ounty.
. CLOTHFS
STEIN- BLOCK
On moRon to dismiss:
from Tarrant <’ounty.
The following
in the Supreme
STEIN-BLOCK
.CLOTHES a
near
th a
first
I be
You young fellows—
ask to see
Limited,
Prom Har-
mubmitte:
Mrs L. M
CLOTHES
STEIN-BLOCR
Missouri, Kannas A
Company of Texas i
5322
For Chronic
Constipation
Mary Boland, in "The Price of Hap-
piness."
ette.
On record:
Ellis Connty.
Ferguson Issues
Two Requisitions
vs Mrs
MM Inn
Frank A.
Dorsey Says Change
Very Important
Made by Hart Schaffner
& Marx.
ternal
opled
mus-
them
they
with-
1. It
the
Inu-
e re-
rh of
tn the
reamon
orning
athers
not her
ther’s
STEIN-BLOCK
CLOTHES
it any
et U nt
nd af-
most
hysical
of the
other’s
1 ”<•<
k Ga.
forma-
delight
Court Corrects a
Conflict in Rules
You older men appre-
ciate and want smart
styles in clothes as much
as younger men.
You ought to be as
well dressed at fifty as
the young fellow of
twenty-five.
It’s easy—we have the
clothes for you.
exas Rnilwny
N. 0. Kinslow,
You’ll prefer this Camel blend flavor to either kind
of tobacco smoked straight, . And the quality is so
apparent men do not look for or expect coupons
or premiums I
The laxative tablet
with the pleasant taste
We have the exclirsive
selling rights for this
great laxative
MARY DOLAND »
NEPRICEOFNAMINES
<a
Tong warfare.
ST. MARTS TEAM WINS.
«
9
proposed changes and the matter
being held up for the time being.
ned
Vest
i of
get
ght-
ants
ants
aco,
the
us-
hss
line,
ulas
pped
re-
the
the quarter.
Officials today thought this threat to
Spring styles are bursting forth and every day there
is something new in the way of clothes for men and
boys at this store.
New spring suits are here in a wide range of the
the newest and most attractive styles. You’ve never
seen meh wonderful tailorings aa thia season brings
forth. Come in and take a look.
or bow perfectly.
"Th, Birth of a Nation" la untversally
comprehensible. The “Iliad'’ of Homer
is ms easy to read as “Gulliver's Trav-
els.” and vice versa. Gulliver is aa sure
a stroke of genius as Achilles.
53
Camela on wola ororyrhon in ecientifcally nnlod peoka4na,
20 tor lOai or ion peokegee (200 cifaroltoo) in • Voodoo-
oopor-oovond opr ion tor 1100. We ttroofly rorommond enis
rorton tor <*. home or omoe ropplf or when you troroL
Varsity Fifty Five
$15 to $30
04
4sG
Union Arrurance Company,
vs. Gulf Refining Company, ft
5
c
K
I
ering some advances in those rates cr
minimums. However, it appears that
the members are not unanimous in the
Chief Threatens to
Blockade “Chinks”
zhe Rexakk Store
20TH CENTURY DRUG STORE
-j
N24
AsR
189
Company, from Hardin County; Ham-
ilton Compress Company vs. C. T.
Iawson, from Hamilton: International
A Great Northern Railroad Company
from Bowie: Iadislado Lopez vs. Hoy.
don-Jones Construction Company, from
Bexnr; Thomns Barnes administrator, ,
vs Southern Kansns Rnilwav Comnanv
of Texnm (Jnstice Hawkins dissenting).
315
11
11
GOTHIC
Arrow
Collar
Fits the knot of a four-in- hand
NEW YORK, March 8.— Soldiers at
the army posts here have opened a co-
operative school of instruction nt their
own expense to learn how to operate
armored motor cars and automobiles
used in army scout and transport serv-
ice. When the men complete the course
they will be eligible for appointment
from the army lists as chauffeur ser-
geants.
Once you know the delightful mellow -mild-
smoothness of Camels—and how liberally you
can smoke them without a comeback—you’ll
choose them against any cigarette at any pricel
u-- de 70"
Stewart, from Hamilton;
Company, from Harris
Motlon to advance
%S,
g.
52952848)
The etamp elated off
end fit the package,
whieh keepe eat air.
thereby preeoretnd the
aeahty of the blended
telf • • • Ry ineortinf
the fngere aa Moe-
trefed the etamp eeeily
treat • or it beet toerind
the tin to 1. erhirh
foMo herb into
umm de piano
3
»,d9,*3
Ek 1
rehearing overruled
and reformed
S. F. Railway Company vs.
afternoon between the St. Mary’s junior
team and an East Austin "ali-starj",
aggregation, which resulted in a Mt.
Mary’s victory. 8 to 1. The hitting of
McNamara. the fielding of Joseph and
the etching of Jones, all of St. Mary’s,
were renorted tn he features
in correcting a conflict in the rules
of proceudre the Supreme Court today
held in answering certified questions
from Parker County in the case of F.
Patrick versus T. E. Pierce that by
a writ of certiorari the Justice Court
transcript could be brought before the
court provided this was done before
the appeal was acted upon.
The suit originated in the Justice
Court and from the judgment rendered
in the County Court an appeal was
perfected to the Court of Civil Appeal:
There the judgment was reversed and
the cause remanded because of the
absence of a transcript of the proceed-
ings in Justice Court, this being neces-
sary in the opinion of the Court of
Civil Appeals, to evidence the jurisdic-
tion of the County Court. In the find-
ings of fact of the trial judge it was
recited that the suit was filed and
tried in the Justice Court and an ap-
peal duly perfected to the County
Court. x
A motion for rehearing was filed,
also a writ of certiorari, joined in by
both parties to the suit, for the bring-
ing before the court of a certified c0PY
of the Justice Court transcript, the
origiral of which was alleged to be on
file in the County Court.
This is the first instance wherein
the Supreme Court has noted a con-
flict in its rules and the opinion writ-
ten by Chief Justice Phillps today
states thatproper action wil be taken’
at' once by the court to relieve the
situation.
“EVERYWOMAN."
One of the big scenes of the dramatic
spectacle, "Everywoman," which Henry
W. Ravage will disclose at the Hancock
opera House Friday and Haturday. Sat-
urday matinee, represents the riotous
reveling of a New York crowd on
Broadway at midnight on New Year's
Kv. This s< ene alone requires in
supernumeraries and others employed
over 150 people. It is said to be a
triumph for the stage director In the
representation of fanfare, riot and car-
nival spirit which prevails at that pe-
riod. Win the English production of
"Everywoman" at the Drirry Iane The-
ater. London, Stephen Phillips, the emi-
nent lyric and dramatic poet, was en-
gaged to localize the fourth act, or
Broadway scene, and it became "icca-
duly, showing the London pavilion and
the Criterion restaurant, familiarly
known as the "Cri." "verywoman"
proved the same huge success in Eng-
land that it had been in America.
OPERETTA SENSATION, SARI."
Don’t mire seeing Hart, she's sharp-
the personages involved.
And yet, with all the marvelous cor-
rectness and technical perfection, the
art and the music are as simple and
direct and stirring as are the dramatic
Merchants, qualities. Like all works of true genius,
H. B Dorsey, secretary of the Texas
Grain Dealers' Association, spent to-
day in Austin en route home to Fort
Worth after an important mission to
Galveston. He says the change made
in the inspection rule at Galveston is
of the greatest importance to the grain
men of Texas. The new regulation is
that grain shall be inspected immedi-
ately upon its arrival in Galveston and
its condition at that time govern,
heretofore the condition of ths grain
at time of inspection governed in set-
tlements, and such inspections were
often at a late subsequent date. The
grain men averred that deterioration
occurs in a moist climate at sea bond
and they did not want to stand the
loss, particularly since it has amounted
to as much as 15 per cent in some
instances. It was this los that oc-
casioned the plea for immediate in-
spections and that condition to prevail
in settlements.
While in Austin Mr. Dorsey infar-
mally conferred with members of the
Railrcad Commislon presumably dis-
; u' a. from Linecomh: Miasouri, Kansas A
all-star i Texns Railway Comnany of-Texas vs.
An interesting small boy baseball
game (indoor) was that played Tuesday
from Gravson; Kansas City Southern
Thursday and Friday.
Not only had Miss Burke never ap
peared in pictures before, but she had
only twice visited motion picture shows.
One of them, however, was an Ince
drama, which excited her admiration.
When she finished her season last
spring at Los Angeles in her road tour
with “Jerry” she was planning for a
summer of case at her country resi-
dence in Weste heater County. New
York, a summer whose only activities
were to be motor trips to the moun-
tains and the seashore. But—so things
fall out— curiosity led her to pay *
ration Companv et al. vs. H. T. Hodge,
I Warehouse Company vs. F. T. Walsh,
from Bexar (’nuntv ee W. Heruzgs
ris Ccunty: W E. Winston vs. Tovah
Valley rrigatton Comnpany, from
Reeves ^C. L. Harles* vs. C. C. Halle
et nl. from Dickens; J M Tucker vs.
Fred Biffle. from Swisher: Missouri
Kansas A Texas Ballway Company vs.
B W Craddock. from Grayson W J.
Funkhouser vs. William CappN, from
Tnrrant; George D. Pohl MManufac-
luring C'ompany vs. Byers Cotton O11
Company, from clay; F H. Flynn vs.
J M Radford Grocery Company, from
Taylor: Western Union Te|. Co. vs.
Gorman A Wilson. from Tarrant; At.
Requisitions were issued today by
the Governor for the extradition of
Clarence K. MeGoun and John Morgan,
now under arrest at Montividio, Be-!
public of Uruguay, and wanted at Dal-
las. MeGoun charged by indictment
with felony embezzlement and Morgan
by indictment as an accomplice to fel-
ony indictment. These requisitions
were made by the Governor of the
State to the State Department at
Washington, and he recommends that
AW. K. Moffet be named as agent for
the State of Texas. It was at the re-
quest of M. T. Lively, County Attor-
ney of Dallas County, that these renui-
sitions were made.
Applications granted: M. F. Moy VS.
Beaumont, Sour Iake A West Railway
What Causes Tuberculosis?
In the opinion of many medics! au-
thorities, tuberculosi± is aided, if not
actually caused by a loss of lime from
the system.. “Where there is a de-
calcification, the lime -alts must be
supplied medicinally,”, says Dr. J.'W.
Carhart, of San Antonio, in the May,
1913, issue of "Med’cal Progress."
To supply thse salts often is diffi-
cult, since in somerforms they are not
easily assimilable.
In Eekman’s Alterative, however,
calcium (m) is so combined with
other valuable ingredients as to be
assimlated by the average person and
to this, in part, is due its success.
We make no boastful claims, but
many cases of tuberulosis apparently
have yielded to W. It contains no opi-
ates, narcotics or habit-forming drugs,
so is safe to try.
Sold by Van Smith Drug Co. and
leading druggists.
Eckman Laboratory, Philadelphia.
Soldiers Learning to
Drive Motor Cars
cussing the proposed changes in the —---------- ... ------ — _
grain and flour tariffs It is known vs.W B. Walker A Rons. from Travis,
that the commission has been consid-
Reversed and remanded:
Odell, from Callahan County;
Duncan, from Parker.
Home Investment Company et al. vs.
II. B. Strang, from Dallas
Re-set for March 29: W. H. Rea-
soner vs. G. C. A S. F. Ry. Co., from
Johnson County.
SAN FRANCISCO. Cal.. March A—
Tong leaders in Han Francisco’s Chi-
nese quarter received a warning from
the chief o pollce tha unless peace
was made immediately between the
Huey On and Top Bing Tongs he would
declare a blockade upon Chinatown and
warn all tourists to stay away from
(Mr. Justice Hawkins dissenting):
First State Bank of Amarillo vs. T. K.
Jones. from Clay County.
Certified questions answered: F.
Priced $15, ♦17.50, $20 on up to $40.
‘ Our Hat snd Shoe departments are full to overflow-
ing with all the new spring styles. -
proceedings were had
Court today:
33224373
/3P24b64s,
nan County; Stephenville North
Reversed and dismissed: W. J. Car-
rell, from Johnson County.
Motion to ietax costs granted in
part: Ex parte Dabney White, from
Smith County.
Motion for rehearing overruled: Bill
Carter, from Comanche County; J. R-
Wright, from Dallas. Claude Clark,
from Kaufman.
Submitted on brief and oral argu-
ment for both F.. E. Blackburn, from
San Saba County; J. T. Lage, from
Wood; S. W. Redwine, from San Saba:
Jesse Stone, from Comanche.
On brief for both: Coke Loyd, from
Wise (’ounty. Iee Jemison and David
Jackson, from Anderson: Mart Austin,
from Houston; Fletcher Howard, from
Dallas. a
OA brief for State J R Carroll,
from Grayson County: MideRosboro,
from (’ass; Lord* Chandler, from Pay-
Critics of art and of music find a*
much in “The Birth of a Nation,”
which opened its second Austin en-
gagement at the Hancock Opera House
this afternoon, to excite their sensibili-
ties as do critics of the drama. The
dramatic appeal, indeed, is reduced to
a mathematical demonstration by the
Griffith spectacle. No one who sees
the frenzies of excitement that pass
through the audience wave after wave
can question for a moment the power of
the production from the dramatic
standpoint.
From the standpoint of the art of the
landscape painter, Griffith must be
credited with achievements now in the
world of the motion picture. It can not
be the camera alone that gives to the
< reation of Sherman’s march to the
bra an atmosphere, as the art critics
term it, that differentiates the work
of a painter from the work of a pho-
tographer. It is a power of selection
and grouping that seems instinctive
with Griffith and that no othe pro-
ducer possesses. Sherman’s march is a
work of genius as surely as are the vast
military canvasses of David
The musical critic finds in the scors
of The Birth of a Nation” the s«e
qualities that make the Wagnerian
operas so remarkable. His ear is de-
lighted with the constantly recurring
themes and motives so truly interpre-
tative of the actions and passions of
tongued and wears funny clothes, but
she's a dear. She may be seen at th*
Hancock Monday, March 11. when
Henry W. Savage’s production of the
Hungarian operetta "Sari," the biggest
musical hit New York has had since
The Merry Widow,” comes to town.
She kept New York Cityin a laughing
humor all last season. The music was
written by Emmerich Kalman, one of
the best of the young Hungarian com-
posers, and has the lively, fiery dance
tunes and the joyous, lilting bong mnel-
oides which are characteristic of Hun-
garian music.
Among the song hits in ‘Bari” are
the duets. “Love Hss Wings,” "Softl!
Through the Bummer Night” and
“Love's Own weet Song." "My Falth-
ful Strndivari," "Pick a Husband.’*
"There's No Place Like Home for You,"
etc. And then there is the newest thing
In dances, the weird, side splitting
"Hazazan," that makes the tango and
maxixe look like a two spot. It’s a
corker and no mistake and is Hun-
garian to th* very core. C. C. B. Cush-
ing-nnd K. P. Heath have adapted the
book ond lyrics and have eonst meted .
a plot that tells a strafghtorwardstory
that compels the Interest; its comely
is of th* bubbly, infectious sort and
gives why occanionally to tense drama
that will move you.
I c
suspend temporarily one ot the mini | from neaves County.
prolific eourex of commercial actlcltx Apmiicatlons aismimned for wnnt rf
in the CajnstmetrtrrorongAHgh ! triaasetion on cmotlon): Rand HeM
Ing, which has resulted in the killing
of two Chinese and the wounding of
six Others within the last two days.
Leaders of the beligerent societies
were subpenaed to appear tonight be-
fore the grand jury to testify concern-
ing the latest outbreak of the Inter-
visit to the big Ines studio near Los
geles.
It was a revelation to her to see how I
Ince folks did things. She was im- 1
pressed by the lavish expense dis-
played in erecting whole towns for the
purpose of getting the exact spirit of a
country or an age. Nothing like it had
Miss Burke seen on the speaking atage.
Then, Mr. Ince's effervescing and en-
thusiastic personality appealed to like
qualities in herself.
Nevertheless, when the famous di-
rector of directors placed a Gtract
before her, the star hesitated. She was
invited to put her own valuation on
her services. Still she was coy. It
waa too groat a departure. She couldn’t
quite bripg herself to forsake the foot-
lights for the screen drama—even tem-
porarily.
But as she observed the enthusiasm
of Mr. Ince, as she considered the fact
that a 1200,000 production was to be
dedicated to herself and her talents as
an artist, through the medium of a
play written with her in mind, ah*!
wavered. She was deeply impressed by I
the picturesque studio and the wonder-1
ful scenery of mountain and ocean near
by. It ail tended to alter her attitude
At last she determined to give up part
of her cherished vacation in order to
accept the picture offer.
But, to the delight of Miss Burke,
working in the production of "Peggy"
was merely liku some n^w game, and
she found she hadn’t given up anything
at all.
iedEGa
63%
Bennett, administrator, from Johnson
County
Causes nubritte ■ T. J Freeman,
recelver, hl J N Gerretts. from Fall*
Countv Ti Frickeen L. S D Mc-
Whorter from MIAland: MIssour!
Manses A Texas Railway Company of
Texas vs, J. If. Wood, from Graynon;
1
Klu Klux Klan, as shown in “Birth of a Nation," today and
tomorrow at the Hancock Opera House.
M. 1316; White nock Sang 0 Oravet
Company vs. International A Great
Northern Railway Co., from MeLen-
western Railway Compnnv of Texan,
from Navarro County: North Texns
Immher Company vs. Mre N TT Mr
Whorter. from Cass: First National
Bank of Amarillo vs. T. W. Rush et nl.
from Potter
Motions for rehearing submitted-
George r. Bullard et nt vs. F L Nor-
ton et al from Tavlor County; Arnetts
Bryant et nl. vs. Continental Casualty
I e24
Adg
C k
3248 A98
Burny Braley of San Saba was here
today on business with the higher
courts. Mr. Braley is a candidate for
the Legislature and one of his planks la
positive opposition to any change In
the Robertson compulsory investment
law as affecting life insurance compa-
nies. His position is directly opposite
that of Governor Ferguson.
Another San Saba visitor is Matt F.
Allison, who represented San Haba in
the Thirty-third Legislature and was
the well known author of the Allison
liquor bills. He is a staunch prohibi-
tionist. Mr. Allison is out of active
politics just now, but intimates that he
may “come back.” ______
C. Brooks, from Hamilton: J A Noble
vs. Fuls L. Noble et al . from Burnet;
H. C. Denny A Co. vs. W. J. Lee, from
Bell; Texas Power A Light Co. vs.
Miss Lustre Roberts, from Brown
Kenedy Pasture Co. et nl vs. State of
Texas, from Travis; I. S. Delano ve.
J. R Delano, from Milam: Rout hern
Traction Co vs. Jno. H Frasier, from
MeLnnan; R. E. Carothers vs. City of
Waco, from McLennan: Peerless Fire
Insurance Co. vs. J. W Riviere, from
MeLennan.
T D. Skeen, from Fl Paso; J. W. Bab-
cock vs. J. E Glover, from Jefferson
Application dismissed on motion of
pin Inf iff in error: Toyah Valiev rri-
The following proceedings were had
today in the Court of Civil Appeals,
Third District:
Reversed and remanded: Otto
Schauer vs. Chas. Schauer, from
Crockett County; Crate Dalton vs.
Southern Traction Company, from Me-
Lennan.
Reversed and remanded, with in-
structions: Lula West, a minor, vg
Annie Calvert Glisson et al., from Mc-
lennan County.
Affirmed: Nick Woelfel vs. Rotan
Grocery Company, from McLennan
County. ,
Rehearings refused: Herman Rich-
ter vs. Granite Manufacturing Com-
pany, from Burnet; Missouri, Kansas
A Texas Railway Co. of Texas vs. W.
E. Washburn, from Hill County.
Motion passed to be considered with
main case: Scott A Company vs. O. D.
Mann A Sons et al., from McCulloch
County.
Submitted for rehearing Houston
A Texas Central Railway Company vs.
W. T. Montgomery, from Robertson
County; Mrs. May Newnom vs. H. }.
Redman et al., from Unno Joe Sna-
man vs. Roy E. Lang, from MeLennan;
Brazos Valley Telegraph A Telephone
Company et al. vs. Will Wilson, from
Mclennnn, by two appellants; Mis-
souri. Kansas A Texas Railway Co. of
Texas vs. A. C. Stearnes, from Wil-
liamson.
Motion to affirm judgment, submit-
ted: Ingham S, Roberts et al. vs.
W. B. Abney, from Iampnsas County.
Cases set for submission on March
(ApiTALDHOTO--NGRAVING(@
~CETCHvGAL p‛_‛ W< i :R I
AU.-rIr, 291 UmrexeJ-
The following proceedings were had
in the Court of Criminal Appeals to-
day:
Affirmed: Rip Wiley, from Dallas
County: Charley Large, from Dallss;
Jesse Payne, from Dallas; Norman H.
Hall, frem Dallas; Pancho Galindo,
from Presidio.
On motion for rehearing: Pnrna
Cutbirth, from Taylor County; Pleas
Reed, from Taylor; Charles Cline, from
Bexar.
E. Rarrington, from Gravson.
Motion for leave tn file petition Inf
mandnmus refused City of Hrowns-
Ville vR T A Kinder
Motion tn dismiss npplleant over-
ruled, but ten days allowed counrel
within whieh to amend application:
Routh western Portland Cement f‛om-
pnny vs. Junn A Moreno, from El Tamci
COM^
Motion to avnnce rrante: C’itv nf
Tdtrr^n ve P F. Iooney, Attornev fien-
eral (mandamus); State of Texas vs
Fhid, Ochiltree A Western Pailway
Company et al. from Travis Countv
T J Smith vs J. T Roblneon, Com-
minxioner, etc (mandamus).
Motion to advance overruled: C C
W H.
‘3 3
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Lochridge, Lloyd P. The Austin Statesman and Tribune (Austin, Tex.), Vol. 45, No. 70, Ed. 2 Wednesday, March 8, 1916, newspaper, March 8, 1916; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth1449171/m1/3/?q=Lamar+University: accessed June 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .