The Austin Statesman (Austin, Tex.), Vol. 41, No. 300, Ed. 1 Thursday, October 27, 1910 Page: 4 of 10
ten pages : ill. ; page 24 x 17 in. Digitized from 35 mm. microfilm.View a full description of this newspaper.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
,J
mi
=
I
those whom they succeeded la power.
• thi» time of bringing constantiy and
Judge daynor in Now York has
i
=
to
REASONS FOR
COURT HAS
GUARDSMAN
Van
WANTS GOURT REFUSING A
J controlled the state.
’ MAMAMS
TO FIX Bill
Fine Cigars
FIRMIN
r
NoAlum, NoLime Phosphate THE COMMISSIONERS com JUDGE C. F. GREENWOOD THE LAW DOES HOT APPLY
Ealted by MR8. FRI
APARTMENT HOU
•an. “he atarted out to be.xovernor.
He hae ideas and plant and ho had
AAverttaing Agenc7.
TOO MUCH ACTIVITY.
I’
Willlama.
f.
THE TELEPHONE GASES
forced
THE STATESMAN ABROAD.
in
the
N
A CRACK SHOT.
NEGRO IS GIVEN UGHANGE DELEGATES APPOINTED FELLOW SERVANTS Lil
I
OUR POLITICAL SAM SLICK.
COVERT—MATTHE
November 22-25:
harmful in It* efect upon the human
temperance
the colonel
be
BRONZE SOLDIER IS COKE
) IB
an
but it oor-
p!PRICE3
Bl
desired flavor. They are true to
Governor Crothers hu put out of bus-
serious
tha pollce
l
»
*2
Durine his two tanas aa president Mr.
flooaavatt indorsed th. taritt polley of
Cannon and Aldrich by retusing to re-
tight for all the retorms he ha. 1
augurated. Governor Harmon of Ohio
hu mat with atmilar hostility. .and is
still alacovering mon rascalities-the
remains of the republican ring that
with a erow indicating which sentence
shall convey the desired intormation.
to ths wora gettine too busy to'At-
tend to details? It would seem so in
through a direct primary law for state
otmtetais In apite of the strenuous op-
position of many or the democratie
COURT OF CRIMINAL APPEALS
REVERSED AND REMANDED
CASE OF K. C. JONES, AP-
PEALED FROM HARRIS.
t was originated by an un-
competitor of Coca-Cola, the
We lived once In thJ
A house that waan
The Ethelhurst the w
Were other homes ;
When he tried to prevent the pod-
ding of the legislative pay roll* with a
iarge nbmbet of unnecessary employea,
the legiatature deteated his program
for eeomomy: but Governor Crothers
Ims appointed a commtsslon Of Inves-
jetenttom and will not be satisfied until
We apent a year in D
Where people held J
The Geraldine, the Joe
Have given us a r
Mr. and Mrs. J W. Conn
Hill will be the week-end
M. H. Reed home this wer
ways evaded or straddled it; to pre-
vent ths rapid mcreaw in th* cost of
living never appealed to him.
•..1W
...IM
... «
1
Iu
by A-soclate Justice F.
and says:
Mr. and Mrs. Carlible R
Falls and Mr. D. C. Reed
were guests of Mr- and!
Reed for a few days.
pockets of ths taxpayera
Th. legiatative ring hu been at-
tacking th* work of th. atat* road
comamtsalon, and are back of th. de-
Dane, ot th* Baitimote pollee commis-
alon to resign pending an tnvestieation
of alleged werlous charges of grafting
and protection of criminals by the po-
llca. This matter la now in the courts
rhia brlet atpry of a retorm demo-
cratic governor fighting for honest and
efficient government against the poli-
ticians of his own party l. «n example
of civic riehteousness that to unique.
Miss Buna Carpenter
Fort Worth.
th. inaurgent have thMr kntves out
for eneh other in wome dintriets where
th* teellne between th. two tactton. U
rierce, but that an offen.tve and de-
tenntve alliance ha. been arrangea be-
tween .Uber of the two republican tac-
tena and th* democrat, i. improbable,
and is merely an exaegeratien of the
known attitude of the hostile faction..
This report admits that th* demo-
cram win Meet a majority, ot th* next
honse, *nd we are pleased to may that
from an that w* tin gather that will
be th* outeome.
Ar. the stalwart republicans of th.
Cannon brand gecretly trying to defeat
th* inpurgent nominee, for eongresa?
Th* Wuhington cortespondent of the
Baltimore News uys: "Several of the
most prominent insurgent. In tbs coun-
try are confident that at the proper
time they will be in pomtion to charge
Speaker Cannon and meveral of hl.
lieutenants with treachery to the pe-
publican party." It I. also etated that
republican members of th. house have
ottered financial aasistance to elect
democrats.
Mrs Alice Johnson of 1
visiting her cousin, Mrs.
thews.
They Are Vested With th© Discretion
as to W bother or Not They Shall
Grant Pe-ition for Local Option
Election in Four Precincts.
two Against general man-
ager FARNSWORTH OF THE
SOUTHWESTERN SUBMITTED
IN CRIMINAL COURT.
The children of the Ame
lution will meet at 9 o'cloc
ing at Williams-Fink store]
parade.
Hammond Wanted the Court to Comp©
District Judge of Harris County
to Grant Him a Trial By
Jury—Reasons at Length.
Eastern Buefness Office, 42, 44.
and M. -The Tribune" Building,
__
• think that th* eotonel
tit on th. ten command-
other. think that k* will
body.
The r
scrupule
Popular
******************
How fo MMake B
Cough Syrup Tli
You Can Buy
To come in am
Drinks. E
wpenker and will b* Marti
resa meet a
The formal opening of
French Piano company" n
will take place tomorrow I
interesting occasion It pror
The friends of this enterp
pany witt be glad of the opi
offer congratulations.
Attorney General Lightfoot said yes-
terday he had accepted the nvitation
ACCEPTED INVITATION
TO COMMERCIAL.CONOREBS.
beadquarters in that city by force to
prevent the governor's removing them
from office; so mandamus proceedings
will be resorted to in order .to oust
them. Governor Crothers is a reformer
who know* the law and dares to em4
ploy it whenever he feels that it is
necessary.
GOVERNOR NAMES ADDITIONAL
DELEGATES TO THE TRANS-
MISSISSIPPI CONGRESS At
SAN ANTONIO.
REPUBLICAN TREACHERY
CHARGED.
He Represented the Applicant—Claims
That District Court Should Have
Offered Evidence to Sustain its
Recent Action.
MARATHON TROPHY IS SENT TO
WINNIN RIFLE TEAM IN KAN-
BAB BY ADJUTANT DEN-
ERALS DEPARTMENT.
MAKES APPLICATION FOR BAIL
TO THE COURT OF CRIM-
INAL APPEALS.
We flit about from plal
Like blithe and bus]
And a* we go. I murf
"Who christen* all t
tai Room*...........
charzee ar.
• \ '
____
FAITHFUL PUBLIC SERVANTS.
The Evelyn Wright Cire
social meeting this aftez
* to 6 at the church parlor
Mrs. Arthur Skelley is
Houston,
rHE AUSTIN DAILY STATESMAN, THURSDAY MORNING, OCTOBER 27, 1910
guilty- in th* mm of Knoker et al.
Coon-Cola It win be rememberea that
I num. time ago a report was circutated
At Beyerly they think that "New
Natlomaiam" will eive th. democrats a
majority of th. next house of rep„.
I STATESMAN
by austin statesman
NO BIGBT TO
INTERFRRE
The governor yesterday appointed
the following delegates at large to at-
tend the Trans-Mississippi Commercial
congress to be held at Bin Antonio
There will be any nun
lowe'en socials and partit
on.
The silver shower planne
row afternoon St the hom
George Brush for th.
Orphans’ Home of Dallas
postponed until Friday, Ne
derson is contestant and that
BAKNG
POWDER
Absolutely Pur©
The only baking powder
made from Royal Brapa
Broam of Tartar
mems to
otaltngs New. Stana, corner
idwny and Thirty-eightn atreet,
’ York it,
H.l Ralelgh News Stand. Wash-
pea, ~
opiee Newa Co. Tacoma, Wash,
cMecker ews stand. Kansan
K. Amon. Lon Aneolen Cal
Weinntetn, Denver, Col
M Harrin Manitou. Cot
itehinson 8tatlonery Co., Shreve
La.
.ton News Co., BC Louta, Mi
la th. eolonel a straddler on th. tar-
iff imsue aaka aa anzioue subscribert
We regret to may that w. tear he to;
for M talkpa tariff retorm la the west,
and votH for an tndorsement of th.
Payne-Aldrioh b at the New York
conventiom. But Mr. Rooseveit la the
Sam Slick of Amerlean peleles .nd
a rough rtdar of renown, an ho may be
able to ride two home, headed in aur-
THE COST OF REPUBLICAN DOMI-
NATION. •
he atop* this useless drain
PETITIONERS-FOR LOCAL OPTION
ELECTION IN BELL COUNTY
LOSE OUT IN CONTENTION
IN SUPREME COURT.
Antonio Chamber of Commerce. TNI
IT IS CONSTRUED BY THE COURT
OF CIVIL APPEALS IN AN
OPINION IN CASE FROM
BELL COUNTY.
rapidly and found
Miss Nora May Dupree
visiting her elater. Mrs
Hayes, at 2003 Wichita al
New. Depot, Lockhart.
Mr. Jama. J. Hill the railroad mag-
mare, recenty eased public attention
to tha great tnerease la public expendt-
tures, and ne mumtratedthe »ubjeet in
neverat waya For example, he com-
pared the Erowt of the expenaitures
with tM development at wealth, and
declared that th. rate W development
be latter waa more rapid in the
aty years from 1870 to 1890 than it
m the Matron yeara from 1860 to
-ec '
st in the former period IM net or-
• expenditure of the United
an tmerensea only 1-4 per oral
o in tM latter pertoa mey hi-
ne l 1M per rant, and though the
ith and businea ot th. couatry aa
hole inereaned only a little mote
Boston Globe. That paper la of the
opinion that la thee daya when speed
la th. univernal watchword it would
seem that letter writing. Ilka conversa-
don. to doomed to become a lost art.
Traveler, have no time to waste on
thome left at bom. In writing denciip-
tens of the places they vislt. Indeed,
they just hatch a feeting «limpse and
they are off for the next point on th.
achedute. Even a George William Cur-
tie would Snd it difficult to do htmselt
ern conditions
But would he do aa all the world to
doing now? Would he buy a picture
post cord and let the photo eupply the
descriptton? It is a pity that the in-
timate personal touch is being lost
which letter writing always brings be-
tween tbe traveler and the stasyat-
boms We could almost torgive’ the
correspondent who writes about pass-
ing ths rod cow on the left at 1:30,
and Cigar Store, Ban
ef the earth, earthy, be will blunder
and hla blund.ro win coat lives Most
of us are link, in chain* of wome
length and each link yhat has a flaw
threaten all of us.
rather than to recelvs a ready-made each one ot there * some where an
vost cara upon. printea -Hav ——
arrived." "Sate Journey." -Ail won.- rellable. As long „ man is mortnt ana
ths mecona period ingua snd agutnat whom
i expenditures a
Boossvsltlsm has been. It has cost
them hundreds of millions a dollar*
and all that they got in return for
this vast outlay of money was noise
and bluster. -
PRIVATE PHILLIP
TERMS OF SUBSCRIPTION:
a (In the City by Carrier.)
One*ttein advance..........I »»
Three Month*— in advance....... 2-22
Six Month*—in advenes..........J -25
One Tear—in advance............ 8.00
.Sy.Mai , M
Ons Month—la advancs..........» J’
One Tsar—In advance......... : J 00
Sunday only, one year— in advane 1.80
Semi-weekly, one year........... V”
DawayegaDaxaangnspaxinatemt-
"“aazand-.“
"Entered at the goeto#fie, .t Austin,
Tumm, m rownd-el.M m»H m.ttor.
~ THE STATESMAN IN TEXAS.
(The Auattn Daily ana Sunday
Hut-nun in al every day In the
year at the following new. .land, and
general dl.tr >but Ing pointe m Texes
and the United States and any one who
fall, to pecure a copy at any of the
stand, nted below will confer a favor
upon the management of The States-
man by notifying thia otice-)
Fernamd Mnaw, San Antonio.
a Dr. A. U Metot Tulane Untver-
sity. .a r
4 P:B W. B Burney a South Caro-
lina cAtogs
5. Prof. C. H. Palm a the Unver-
sity of Texsa
C Dr. Wm. H. TayloS State Chem-
ist of Virginia.
„2.Drioulesshaeter, Prest schae-
fet Alkeloi4_Worka, Manrood. N J.
„N..EU . Pmermon R Miller of Ata.
Polytechnie Institute.
_* .Dr. !.0 Mims Chemist a the
Board of Heaut, New orleana.
a lean people are just beginning to reel-
Im how enormously expensive to them
among those who did not know ths
origin of the report
The jury and. thst not only does
Coca-Cola oontain nothing harmful,
but that it to much .uperior to tea ana
coffee tn that It to free from tannic
agja and. theretore, promotes aigestion
tnatena of retarding it. Bach of the
dlatineulshea ehemiats reportea that
he had made a earerdi chemical
avalyein at Coca-Cola and tound it to
contain no "dope" of any kind. If you
would like to me eopies of these let-
tors write to the Coca-Cola co. At-
lants Os. for a .free copy of a book-
let entitled Tthe Truth About Coca-
Cola." The Jury was u follow*:
1. Jno. M. MeCandless, State Chem-
let of Georgia. -
2 B. B. Rows, State ChemInt of Al-
to th* emTeet that Coca-Cola contained hearing in
injurious materlais ana was, therefore, remaned
The bronze soldier of marathon—th* m4C awwce In
trophy won by the Texas N*tlonal I JI TT ClI Fl W 1n
Guard .in* team last ysar at Camp ---6
Pern, which has graced the-adjutank —" —
general* department during the past
year is no more. Ths trophy wm yes-
terday .nipped to Kansas, when it will
romain for st least ons drear, the Kan-
•m rine tram having on the trophy
at the national match bald thia year at
Camp Perry, Ohio.
Austin frlerds will be pleel
of the marriage on rhe 2
month at Saratoga . Texas
Charles Paggi to Ml.a Qlady
Mr. Paggl wa» born and rear
tin. but for a number of year
engama tn the oil business la
'having big interests in the
Mr. and Mrs Paggl will ‘
Saratoga.
Wherever democratic reformer* have
been elected to high office they have
been confronted with opposttion by
but he did not *eonsult or ‘submit'
about anything else, and credit will be
given him for being his own man as
governor. ■
"At the legistature of 1o8—hta first
ssealnn throe measures of great Im-
portance to the stats became laws
through his influence. One of these
was the corrupt practices act. Thia
was in the democratic platform, but
it had been in prevlous platforms and
failed of passage. It was Governor
Crothers, aided by Attorney-General
Btrans. who put this Mil through and
prevetted Ite emasculation."
He tathered and put through hia
plan for good roads; he recommended
and esw enacted a bill doubling the
collateral inheritance tax; he vetoed
items aggregating nearly half a mil-
lion dollars in the omnibus appropria-
tion bill, but did not cripple a single In-
THE NEWS OF THE STATE HOUSE
General and Personal Gossip of the Various Departments
In th© court of criminal appeals yes-
terday was submitted on oral argument
the case of ex-parte Phillip M. Firmin,
from Hill county, for a writ of habeas
corpus that the applicant may get his
liberty on bail. Judge C. F. Green-
wood of Hillsboro represented. Birmin
whose home is at Dallas. This is the
case wherein Firmin, who is a mem-
ber of the Texas National Guard, is
charged with the murder of A. B.
Puckett and Waren S. Williams, also
two members of the Guard, the killing
cccuring on the train near Hillsboro
on August 11, 1910, while th© Texae
troops were en route home from the
army maneuvers held at Leon Springs.
A habeas corpus hearing for ball was
held In the district court at Hillsboro
on Octoger U. 1110. and the trial judge
denied Firmin ball based on the Indict-
ment and without offering any evi-
dence. Judge , Greenwood contended
that th© state should have put wit-
nesses on the stand to show that the
offenee was murder in the first degree.
He want* the court of criminal ap-
peals to fix the ball for the applicant
SUPREME COURT TELLS WHY IT
DECLINED TO ENTERTAIN
f HOUSTON SHERIFF ELEC-
TION CONTEST CASE. - ‘
A—Ok Naw* Stand,
4-.
as Chy. Mo.
'8 Co., Memphis, Trm
News Stand, No. i Prk
the federal government increased
eighty-eight times as fast
"Tbs striking considerations submit-,
ted by Mr. Hi," says pe Buffalo
Courier, "suggests the ifportance at
The supreme court yesterday refused
to grant the application to file petition
for mandamus in the case of John B.
Durrett et al. vs. Judge John B. Robin-
son of the district court of Bell county,
and set forth its reasons for this denial.
Certain petitioners in Bell county
sought to have a special subdivisin at
the county made for the purpose of
holding a local option election, and
when the county commissioners refused
sc to do, mandamus was sought in the
supreme court, with the above result.
The opinion* in this case was written
Trai-nimstnatpprmtommynetiq oech? I differ in every respe' from alr
ErnT"atisent"unnnidmppammien or: others. They .re pore uniform,
congress win to hela dufine th* Ban more economical, as it require* •
Antemonthrdtenmjitatiqnsetopattgna but . sma quanty to impart the '
thie eongren Are extended by tb. san desired favor. They are true to
R. MeCollum,
Johnny Baker's eharpshooting win to
nure to arouse general enthuslasm
when the Wild West and Far Eaat
comes to town for he is a markmman
of unusual skilL. When Colone1 Cody,
exhibition vieited Monte Carlo, during
It. four year, abroad. Mr. Baker gave
a shootinig exhibition before the Mfonte
Carlo Gun club, and m a remuatt a hl.
expertnesa in contests with elah mem-
tor. and in hi. dimplaya, he was pre-
••nted with a cup an an appreciation
of his aklU. He .hoot, glee, balle with
unerring alm and perform* trap ahoot-
Ing reata a great variety white posea,
la all sorta a ptoltlanA
conspicuousiy to publie attention the
reck lew extravagance of Roosevelt-
tom—a phase of Mr. Rooaeveit's career
that heretofore baa been too mueh
alighted. Nothing ilka th* prodigality
of th* Rooseveit administgatlon was
ever known totore. Take one or two
mustratlona. The actual expenditure*
of the government during Rooseveit*
ftret term were over 1235,000.000 l» ex-
cesa a the expenditure* during Me-
Kinless term. Including th* Spanish
war. The expenditure* during Roose-
veles second term were over $984,000, -
000 in excess of McKinley • term."
It to sn mteresting if not an amaz-
Ing fact that th* federal expenditures
during Roomevele's second term ex-
Deeded those during hl* flrat term by
over $749,008,000. ' There was never
before in the history of the country
such wild extravagance snd ths amer-
The Dallas telephons case was sub-
mitted yesgerday in the court of crim-
inal appeals. The case in the court of
criminal appeAl is ex-part* J. B.
Farnawort,two case,. In these races
sre involvethe validity of the Dallas
charter initfatory provision snd also a
Dallas city ordinance on the subject.
Farneworth was arrested charged with
violating this ordinance b» collecting
telephone rent in advance. A case also
involving the same proposition is now
pending In the supreime court on anap-
plication for writ of error, the style of
thst case being Southwestern Tele-
phone snd Telegraph company n City
of Dalian. James Collins, city attorney
of Dalian county, was bare represent-
Ing the city while General Wozencrant
and Attoney Bramiett represonts the
telephone company.
New Tork republicans have a esse
a ton much Roomevelt
drink, spread
some credence
W. A. Wentlandt, Manor, Texas.
I A. J. Milter. Win, Texan
1 $; ^rBu^TT^^
gupunsattraloretm Texan
Mre F. 1 Smith, Ban Marron Texan
Renfro-Martin Drug Co., Marita.
Texas.
No matter how long you have suf-
fered one bottle will Wrely help you
Tre II today. It la for Ppor Appelit.,
I Indig-stion, Mendeche, Coat Ken.
I Colde and Grione. Avoid mubatitute
Great preparatfons have I
by the Sunday school supi
omeers and pupil* of tl
Christian Bible school to r
day. Sundny morning at 10
best ever. Visitors are ed
vited A aplendid music J
be rendered.
ria county.
The opinion, algned by Justice am-
sey, says in part: "On further consid-
eration the majority of the court are
firmly convinced that we ware tn eror
in affirming the judgment of convie-
tion. I confess that my own view*
have unuergone some change, and
while not clear that the original opin-
ion I* wrong. I am u far from being
clear that * la right. It ia a case with
• death penalty. In sch a case it la
all important that appellant should
have been tried by a jury, free from
substantial objection. Out of respect
to the opinion of my associate and
having mome doubt myseif aa to the
eorrectness of the original opinion. I
think it both eafer and wiser to hol
the juror disqualfied on the grond
stated in appellants objection, and to
grant the motion for rehearing, set
aside the affirmance, and reverse and
remand th© judgment which is now
done.”
One MeLllend was the juror whose
fitness wss celled Into question.
The Jury Returns Unanimous Ver diet.
(By a Staff Correspondent.) •
There la probably this much truth in | A jury consisting of some of the most
th. report: Thst both .to ataiwarts ana dittmxut shedichimints or America haz
I returned an unanmon» verdiet of "not
Henry L Stimson, ths ropubllcan
candidate for governor of New York,
own up to tolng n corporation-trust
hawser, and is proue of betng s partner
a Senator Root. H* alo aeknowt-
edges thst to hss been paid $58,000 by
th* government for part a hia time
during Ito last year and a half on the
sugar trust and Morse cases; and de-
clare, chat "much more would have
been ached from a private client for
the same work." Hi* client* must to
maletnetors of great wealth or they
never could Hand his eharger,
' .....a. e
Th* Baltimore puce toard—the
remhent ot the oM elate ne that
The ense of the Langtry-Sharpe
Construction company azainat W. E.
McCracken from Bell county involving
an interpretation of the fellow serv-
ants- Isw. was revermed and remanded
yesterday in the Third court of civil
appeals. THe is a cult to recover dam-
ages for persons! Injuries incurred to
the plklntirf. MeCracken, during the
erection of a rock crushing machine.
In the trial a this cnee in the district
court Appell MeCracken recovered
judgment for $1993-50. For the reasons
herein given an follow, the court re-
versed and remanded the case:
"Ftret—Where a party has not only
the power to direct end control these
under him, but also to hire snd dis-
charge them he to a vic* prinelpa). And
it to not necessary that Nin sets should
be in relation to thoee things which
ths master has impliedly contracted to
furntsh.
Second—He Is s vice principal, toy
: whom the mastar hae delegated a,Auty '
i which he owes to hie pervante end hae
impliedly contracted to perform,
though otherwises he may be but an
employe and a fellow worvant. It la tbe
authmity given in the particular mat-
ter end not the grady of eervlce which
(Continued on Page A.)
Another democratic reformer who to
hevtng trouble when he opposes ques-
ttonable interests that have tong toon
entrenched to Governor Austin L
Crothers of Marylana. whose antagoh-
lets are politicians ’within his own
party. He takes his jab seriously and
looks st the conduct of official mat-
ter* from a business as well ss a pollt-
leal standpotnt. He glvea his whole
time to the public business, and since
his mauguration he has regularly
worked more than labor union hours
"After he got the state appointment,
out a the way," nays the Baltimore
Accidents Really Inevitable.
There to no such thing as "accident,"
ae the wbra I* commonly understood.
The universe and every animate and
inanimate thing within it are governed
by law. When a duet explosion in a
mine snuffs out a score of Uvea It to
not an accident, but the resutt of fail-
ure to provide proper ventilation;
when an automobile turns turtle and
eruphes out the live* ef Ite oceupanto
It le because it was driven too fsat or
because someone had faded to do hie
work properly in constructing or In-
specting the car: when trains collide
with frightful loee of Hta It is not an
*ct of God, but the carelems act of some
man.—Fort Worth Record.
Irwe were an perfect there would
be no accidents, but in th* brain a
Poor Vnele Joe le mighty quiet dur-
ing theme etrenuoue dsye that the re-
publican party I* paeaing through, but
rob Piesident Taft a a re-
on for premldmnt What Mr. commend toconereas tariff revialon.
n can be amagined
, ---- afraid a th* tariff tomia and has al-
YOU CAN’T AFFORD
TO EXPERIMENT
when the atomach Ie out of order and
everything you ent enuses you alstress
Don't do it. There to one abeolutely
eafe and cure remedy for *uch Illa—ana
that has been endorbea by thousands
and that to
HOSTETTER’S
STOMACH BITTERS
we doubt it
THE EXCHANGE TABLE.
Squarbeal for Visitors,
On© thing that was strese in the
mass meeting Saturday night was that
this city will not stand (of any exort
bitant charge* to visitors during the
fair. When a city invite* people to
come into It* border* it owe© to such
as come the duty to see that they are
properly and juetly treated.—Tyler
Courier-Time*.
This extract from the Time* was
clipped before the recent fair and held
in reserve a* a club to be swung if
necessary. Report* from the fair in-,
dicate that the Tyler people kept faith
with their patron* and the fair was a
fine example of what a fair should be
and how the visiting public should be
treated.
congress win be an important affair nature, Ai they are made from th
and will be attended by delegates from *__..
all over the cnuntna. SrtBiU
I _
•The Rev Dr George B. E
neunced with impressiveness
tiful words nf the marriag
whkh united on vewterday n
11 e'clock Miss Jennie Matt
Mr larence Covert in the]
matrmnony. The First Be pt]
was fl lied with the friens of ]
lar young Austin couple tn w
cerement The church was
wIth simplioity and charm. D
peala today granted a motion for a re-
" ‘ In the case, and the cause was
I to the district court of Har-
st Itution by so doing;
No. ns Congress Avenue,
Austin, T*x*s.
MOOT................
Waco; Cato Rells, Cleburne; James
Ferguson, Tomplo; Abe Blum. Gal-
veston; Carl Nelson, Round Rock: W.
R Hamby, Austin; R E. Brooks.
Houton; John F. Wyatt, El Faso; J.
C. Dougherty Beeville; L. B. Moore,
Beilvue; Dr. R R Burroughs, Buffalo.
F. C.Jamison,Whitesboro: A. F Rut-
ter, Winona; W. H. Gaston, Dallas; B.
Hutterback, DuMln; A. 8. Whte,
Edna C. E. Pratt, Ferris; C. D. Rood.
Big Springs; R T. Ware, Amarillo;
James E Howze, Paint Rock: W. H.
Stark. Orange; George A. Harmon.
Da II mb, General Webster Hlanagan,
Austin; R Brown, Tilden.
K. C. Jone*, a negro charged with
the murder of Charlo* Stewart on May
Id. 1909, in, Harris county. Was yester-
day given an opportunity to escape the
gallows, if a rehearing of his case shall
warrant. Jones ws convicted of mur-
der in the first degree on October 14,
1101 and the case eras advanced to the
court of criminal appeals, where the
judgment of the lower court was af-
firmed. For reason© set forth at
length in its o pl non the court of ap-
‘ A Family Bupply, Saving $
Fully Guaranteed. ■
+++44++****4+4+44++
A full pint of vough syrup-
is you could buy for $2.50
be made at home. You will fin
mg thst take* hold of an (
cough more quickly, usually «■
Inside 24. hour* Excellent. ■
whooping cough, sore lungs, ■
hoarseness and other throat ■
Mix 1 pint of granulated ss
% pint of warm water, and
2 minutes Put 2% ounce* c
(50 rentA worth) III a pint
then add the Sugar Syrup,
perfectly. Take a teaspoonfu
one, two or three hour*.
This la just laxative enough
cure a cougn. Also stimula
appetite, which usually Is up*
cough. The taste is pleasant.
The effect of pine and suga
en the Innamed membranes
known, pinex le th© most v
concentrated compound of
white pine ex tract rich in
aend all the natural healing p!
gments. Other preparations w
/" "work in this formula.
Thie Pinex and Sugar Syrup
w_—M by tigmande or
*mero*t the Unitea
and1Cnnada. The plan •“ »"♦'
tated. but th* old muecenfui ?
has never been *qu*l.d,
A xunrantee or Abmolute ran.
or money promptly refunded
with this re< ipr Your drugg)
Pinex or will get It for you.
a send to The pinex Co., FL Way®
“The petition accompanying the mo-
tion asks for the writ to compel the
respondent, as district judge, to issue a
mandamus to require the commission-
ers court to order _a local option elec-
tion. which writ the respondent, after
a hearing, has refused to grant
“Whether or not a case could ever
be made in which this court could
properly control by mandamus the
judgment of a district court in issuing
or refusing to Issue such a writ is a
question which we need not decide, for
the reason that the petition shows that
the respondent’s action was plainly in
accordance with the law.
“The commissioners court had re-
fused to designate the territory in
which the petitioners sought to have
the election ordered as a subdivision of
the county for local option purpose*
snd to order sn election therein, and
it was not one of those specifically
designated by the constitution, namely,
the county, justice* precinct,town or
city. The designation of otfr sub-
diyfslon* beside* these is expressly
committed by the constitution to the
commissioners court, and the discretion
allowed to that body can not be
usurped by other courts. The conten-
tion of the petitioner* was to have
treated a* a subdivision the territory
covered by several justice precinct*
which I* not one fixed by the law itmelf.
While this court ha* recognised the
proposition that a subivisfon may thus
be lawfully constituted by action of the
commissioners court in causing an
election to be held therein, there is no
authority whatever for the contention
that it can be done without action from
that court. That contention disregards
the constitution and the statute, which
commit© to the commissioners court the
question as to the propriety of making
other designations than those specially
made in the law itself, a discretion
which can not be controlled by man-
damus.
policy. He "consulte’ about places.
Hammond is contestee, and that Judge
Ashe refused Hammond’s demand for
a trial of the issues of fact by a jury
and asked the supreme court to com-
pel the judge to grant the demand.
. The court held that in this case the
right of trial by jury does not exist,
saying. "The statute does not allow if
and the provision of the constitution
(Art. 5, s©c. it) has no application."
The court holds that the language of
th© latter does not embrace contested
elections as "causes" in which the right
of trial by jury is,secured. The opin-
ion says: "The grant in the constitu-
tion of jurisdiction to hear contested
elections, which is the one which this
court recently held to Include power ta
hear contents of primary elections
where they are given the characteris-
tics of legal elections and contests of
them are provided for by the legisla-
ture (Ashford vs. Goodwin) does not
convert such contests into "causes,"
ss that term is used In the provision of
the constitution referred to, nor make
thorn other than proceedings specially
created and controlled by the statutes
which allow them. Gibson vs. Temple-
ton, 62 Texas MS."
At ths beginning of its opinion, the
court said: .
"It Is plain that ordinarily the writ
of mandamus can not be converted into
an appeal and used as a mode of re-
vising th© rulings made by courts dur- *
ing the trial of causes. Ruch ques-
tions can generally be raised onlv In
appellate proceedings. But the stat-
ute regulating contests of primary elec-
tions mskes the decision of the con-
test by the district court final, and if
in the course of a trial of such pro-
ceeding* there should occur a denjai
of a clear legal right of a party which
could be enforced la no other way, the
question would arise whether or not
the recognition of the right might be
enforced by mandamus from this court.
•roand Juetiou ta H
WMV Sh."rhtpun.Fpuniamnepcee: lenders in the legislature,
ezlisantbesomiig M
The supreme court yesterday sel
forth its reasons for denying M. F.
Hammond ot Houston petition foi
mandamus against District Judge
Charles E. Ashe, following it* recent
refusal to grant leave to file petition
for said mandamus In the case involv-
ing a contest of the primary election
for sheriff of Harris county. The fact*
in th© case ar© too well known to need
reiteration. It is shown that A. R. An-
___________ ____western
Newspaper and Advertising Aency.
No. 144 Main street, agent*, and two
street carta. Dallas, Texas.
AU News Stand©—Southwestern
Aseney
Brero. Hotl News tana, Houstop,
• A. d. Laner, Houston, Texas
Tremont Hotel News Bund. Gaiver-
**
trad* report* show that buat-
•11 ciasnes a woods to alow n-
on cooda Evidenty whether
ire bad or rood th* todto* har*
•nd will pap the high tarn on
rat a whtmper.
Every Respect
Upcoming Pages
Here’s what’s next.
Search Inside
This issue can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Newspaper.
The Austin Statesman (Austin, Tex.), Vol. 41, No. 300, Ed. 1 Thursday, October 27, 1910, newspaper, October 27, 1910; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth1533315/m1/4/: accessed August 15, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .