Weekly Democratic Statesman. (Austin, Tex.), Vol. 11, No. 41, Ed. 1 Thursday, May 11, 1882 Page: 1 of 4
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THE WEEKLY STATESMAN.
AUSTLS TEXAS.
There were 110 failures through-
out the country last week as re-
ported by Dun's agency.
A. T. Stewart's mammoth up-
town store in New orlc is to bo
converted into a museum with
Forepaugh aa its mauager.
The German government seems
to have its hands full all the lime.
First it had socialism then the to-
bacco monopoly and now it Is the
insurance ring.
Empikks are even more uugrate-
ful than republics. The munici-
pality of Marxe'illcs issuing Eugenic
to recover a chateau it once pre-
sented to her imperial liirsband.
Tub Methodist churches of Brook-
lyu are consolidating. The plan is
economical and while four minis-
ters are scut out upon the world no
strangers to starvation one is made
contented and happy.
It was lucky that the governor's
veto of the county tax bill was sus-
tained. Ti e adoption ot the bill
would have produced eudless litiga-
tion annoying to officials and detri
mental to the best interests of so-
ciety. We publish a letter written by
Judge Ballinger regarding the
county tax bill. It is rather care-
lessly prepared and probably the
eminent jurist will not be as well
satisfied as he might be had he not
rushed into print.
A rumor comes to the front to the
'effect that Senator Joe Browu oi
Georgia will resign on account ot
ill health and ex-Senator Gordon
bo appointed to fill his (dace.
Gordon is now a millionaire and
can afford to hold office.
And now we suggest that Geu.
Itobertsou's party be called the
Harmony. There is most perfect
unanimity among all opposed to De-
mocracyharmony in the opinion
that every one Is entitled 10 an of-
fice or some sort of public employ-
ment. '
Since tho Alcalde is considered
out ot the way there are a good
many candidates each one hanging
on to his own particular rood in the
hope ot the gubernatorial lightning
coming his way. Ii is hard to tell
just yet to what end of the state the
fluid will point.
J.G. Blaine is a gaseous patriot.
Drafted during the war he gallantly
hired a substitute while he himself
shot o IT speeches at Washington and
attended to lucrative contracts.
Afterwards his admiring townsmen
recouped the bounty money. Ier-
haps he will engage a substitute
now to challenge Beliaout.
This thing of raising a question
of constitutionality on the appro-
priation of moucy for protecting
the people of tho Mississippi valley
is absurd. Tho appeal is in behalf
of the welfare even tho being of
two millions of people and humaul-
ty is the ouly question involved.
The president's disposition to lend
aid meets with the earnest approval
of every uuprejudicci miud in the
country.
Aftkk three weeks of labor the
railroad man folds his tent and de-
parts sad that his labors have been
expended in behalf of a state com-
mission which was to so materially
aid him in the conduct of railway
business. His mortillcatiou is most
distressing and the ambitious legis-
lator will simply point to his grief-
stricken counteuanco and put in his
appeal for a further lease on legis-
lative place that ho may watch tho
railroad man with reuewod teal.
It is now believed that both Eng-
land aud France will have to aban-
don their atlitudo of resisteuco to
the double standard becauso of
pressure from this side the Atlantic
Our exports of gold have come to
au end and their not amount was
ouly a paltry ten million two hun-
dred thousand dollars.. Our stock
of cotton and breadstuff is low and
the supply on baud iu Europe is
much below the average. Before
the middle of summer America will
be selling both at high prices and
the tide of gold will again turn
westward. A good crop of wheat
and cotton will enable us to keep
up this gold draining process for
the round year.
Prinqk Leopold's marriage was
in every respect satisfactory. The
nobility had the privilege of wear-
ing their stars collars and garters ;
the royal Jewels wero brought from
the tower and flashed on the homely
but kindly persou of the queen ; the
bride cake was excellent although
heavy weighing two hundred
pounds and the ceremony itself
waa conducted with due solemnity.
On occasions ofihls kind all the
medieval love ot pageantry comes
back to our British cousins who
glory in their gorgeous robes and
aristocratic manner. They have
seen seveu of the queen's children
wedded and now ouly Beatrice re-
mains to be married to make a Brit-
ish holiday. '
Senator Terrell's personal re-
marks in the senate yesterday
deserve attention. He presents a
distinction between personal and
political friendship in his relation to
Mr. Jones. He is right so far as his
individual opinion of the mau is
concerned and he deserves praise
for his adhesion to a friendship
which knows no adversity even in
politics where so many . be
come embittered for life. But
the matter Is purely personal
aud connects itself not even by
relation with any one beside
Senator Terrell and Mr. Jones. It
refers to a strong personal attach
meut which the jealousies and ha-
treds ot political lite have never dis
turbed and properly it is no one's
right to invade this hallowed
sphere with ought that is harsh.
The Statesman referred to reported
endorsement of Mr. Jones and dif-
fered as to the impressions ex-
pressed regarding Mr. Jones. Per-
sonal love often covers a multi-
tude of defects and regarding
VOL. XI.
tho character of Mr. Jones
from a different standpoint
than Senator Terrell the States-
man presents him iu a dif-
ferent light. In this opiuion it was
as honest as is Senator Terrell in his
estimation of Mr. Jones. We do not
differ with the senator as to the pri-
vate character of Mr. Jones. Wo
do expect be is au exceedingly good
man in private lite ; that in his per-
sonal relations there is nothing
which a lricnd could object to
but in considering his political
character the Statksman can find
nothing redecmiug about it. He has
been a political weathercock has
crowed lustily at every point of tho
political compass and has occupied
aud does occupy ground which tho
respected senator has lorcibly corn-
batted. He thinks Wash Jones
honest in his political convictious
while tho Statesman having been
led to regard Mr. Jones as having
no political convictions honestly
concludes he is practicing the arts of
a demagogue.
The Statesman must credit Sen-
ator Terrell with singular ability in
passing through the senate all tho
bills to which ho devoted himself.
The bill lor refunding money to tho
universily that for giving the uni-
versity au iudepeudeuce iu lauds
the one providing for saving a vast
deal of moucy to the school
fund even somo relief from this
horrible apportionment aud other
bills wero successfully carried
through the seuate. Iu tho house
however they failed slaughtered
ruthlessly by tho speculator aud by
trading politicians who thought
last of the public weal and first of
private gaiu aud of political ad-
vancement. Advices received in Atlanta
Georgia excite the gravest appre-
hensions in regard to Senator Hill.
It is said his condition is exceed-
ingly critical and that his friends
may prepare for the worst at any
moment. His wound is still un-
healed aud he can eat no 6olid
food. He is very much depressedt"
and will scarcely take the liquid
food that his attendants prepare for
him. It is stated that his physicians
havo said that there is no hope for
his recovery beyond the miraculous
cures that are said to have been ef-
fected at Eureka Springs. While
very much depressed Mr. Hill is
represented as beiug perfectly re-
signed. The bureau of Confederate war
records will publish likenesses of
each Confederate States army officer
above and Including the grade of
colonel. All such officers should
forward to Gcueral M. J. Wright
Washington 1). C their most ap-
proved likenesses with auy histori-
cal papers or letters they may have
to be returned if required. Of more
than fifty likenesses of Mr. Jeffer-
son Davis and twenty of General
Bragg and as many of Gcueral
Hood Major II. U. Marks' likenesses
of these threo meu wero most ap-
proved and will appear In these
volumes of war records. Eastern
pictures could not compcto with
Major Marks' a fact creditable to
the ability of a Texan as well as to
the taste of Texans.
The terms of tweuth-six United
States senators will expire on the
third of March next fourteen Dem-
ocrats eleveu Republicans aud ono
Iudepcudent as follows: Messrs.
Morgan Garland Saulsbury Hill of
Georgia Bock Lamar McPherson
Ransom Grover Butler Harris
Coke Johnson and Davis of West
Virginia Democrats ; Messrs. Chil-
cott McDill Plumb Kellogg Frye
Hoar Ferry Windcm Saunders
Rollins and Anthony Republicans
and David Davis of Illinois Inde-
pendent. Of these Messrs. Beck
and Lamar have bceu choseu as
their own successors; Mr. Gibson
Democrat has been elected to suc-
ceed Kellogg Ropublicau ; Riddle-
berger Readjuster has been elected
to succeed Johnston Democrat and
Wilson Republican has been elect-
ed to succeed McDill Republican.
The forestry conveution lately
held in Cincinnati has excited
interest in the timber prob-
lem.' Many of the most im-
portant varieties ot timber have
been exhausted while the country
as a whole was never supplied
abundantly with forests. Great and
fertile areas in Texas aud many
other states and iu the territories
are nearly as bare as the palm of a
mau's hand. Our vast system of
railroads is consuming the timber of
whole forests with every year and
no one is doing anything to replace
it. Plauting timber tor trees does
not pay. They seldom are fit for
use by the man who planted them. A
pine reaches a respectable girth and
heighth in about seventy years and
nobody wantl to plant for posterity
as in America it never is certain
where one's posterity may be.
Generations pass away but
the body ' politic and the
body social remain and yet these are
to be left without a timber inheri-
tance. Commissioner Walsh remain-
ed before the legislature tor two
days pleading that the state protect
and preserve tho timber on the pub-
lo lands and yet nothing was done
to make oue believe the state will
have even an acre of land or a stick
of timber at the end often years. It
is a sad reflection that when the state
appeals for help the legislator listens
alone t o the interest of the specula
tors who would rob the state
of the last vestage of wealth
it now has in lands and in timber
Land douations for the university
are refused while the speculator
enters upon the domain and takes
millions of acres and the school
fund is impaired because the wis-
dom of the legislator directs appro-
priation of land and timber for
private advantage instead of for
public credit and protection.
WEEKLY
WASH JOStS'S DESPERATION.
The News applies the "ragged
edge of despair" to the Democratic
politicians who have been working
for place and power at Austin when
it discusses the probability or more
properly the certainty of Wash
Jones being a gubernatorial candi-
date. The Honorable Wash has
written a letter to some of his ad-
miring Greenback lnends in which
he declares himself ready for this
race in the interest of saving the
country. He pronounces his adhe-
sion to ideas entertained by himself
in 187G when as he says "all practi-
cal issues of national policy between
the two old parties having been set
tled they had survived their useful-
ness;" aud he bases his iuductiou
into the canvass of 1882 on the same
grouud with the mental reservation
that this government of Demo-
crats iu Texas has been a sad failure
while order can be substituted for
alleged chaos alone through the In-
strumentality of Wash Jones and his
associates. In spite of the earnest
opinions expressed on the floor of
the senato by an able Democrat the
Statesman most righteously dis-
sents from the propositiou that Mr.
Jones is a "patriot" ot "untarnished
virtue" the "reverse of the dema-
gogue." The appeal he made iu 1876
was tho very essence of demagogue-
isui and the fallacies to which he
then appealed aud to which he has
since attached himself were de-
nounced as false by every Demo
cratic speaker iu the fifth cougrcs
sioual district. But Mr. Jones has no
political convictions and therefore
poorly deserves the signification of
patriot." He has gone through the
vocabulary of political creeds and is
always tho advocate of every new
issue that the quaiutcst political
prospector digs up out of hidden
places. He was once a Whig and
then a Democrat but next he flew
off on the Greenback phantasm and
then he loved "Young Democracy"
and now he basks in Independent-
ism which is the proper significa-
tion of political harlotry. Yes
Wash Jones savs he is going to be a
gubernatorial candidate that he is
going to run for place "mdepcu
dent of cliques aud combinations"
which means that he can
not be a Democratic caudi
date because of his political idio-
syncracies and that he will there-
lore enter the field as the candidate
upon which all opposing political
cliques will combine against Democ
racy he becoming the leader of an
army of political janissaries bent
alone upon spoils. Mr. Jones is not
a patriot becauso ho denounces the
instrument of these agencies aud as
the mouthpiece ot these rapacious
elements he has of course defamed
all that has been just and good in
our state government; has asserted
to the world that Texas Democracy
as pcrsouified in Governor Roberts
and his administration is untrue
to all honest public thought and pur
poses aud the synonym of all
that is perfidious aud base. When
Mr. Jones presents the political
question in this wise when be at
tempts to lead the public mind to
believe such monstrous things true
the Statesman finds the best of
reasons to dissent from the state
ment that ho is a patriot and' to
boldly assert his hypocrisy coupled
with a willful opposition to truth
the fiual resort of dissatified aspir
ants fbr office. Mr. Jones once held
position at the hands of the Texas
Democracy and he desired to hold
it again but opportunity not occur
ring in auger he met and opposed
this same Democracy and now
he defames tho noblest and
wisest period in the his
tory of Democratic govern-
ment in Texas. No the Statesman
refuses to endorse Mr. Jones' hon-
esty and it would deplore a politi
cal period in Texas in which Wash-Jones-ism
could cut any figure in
thj state's destiny. Of course he
has the right to become a candi-
date. He has a perfect right to re
sort to demagogueisin especially
since it has already won him posi
tion in congress but it can never
win him tho position of governor.
The masses have leanfed to
love Democratic government.
The people have enjoyed prosperity
and advancement under the Rob
erts administration giving tbcm
confidence in the purposes of De
mocracy aud they will-adhere to it
no matter whether the Old Alcalde
consents to' remain governor or
whether some other tried
and true representative man
succeed him. But few people will
attach to the announcement of Mr.
Jones that he will be a candidate
the same importance as the News
applies to it. The Texas masses are
by no means influenced by the pet
theory of the News that "an intern
gent observer divesting himself or
prejudice or personal interest in re
lation to either pany and surveying
candidly the recent course and
present condition of national pol
itics must find only too much to
sustain the opinion that the two old
parties as they now stand are
fatally lacking in organic ca
pacity for usefulness and
that instead of meeting tho wants
of the country and the wishes of the
people on practical questions of na
tional policy such as the tariff
finance internal revenue currency
foreign and inter-state commerce
they co-exist and co-operate as ob
structions to progress and instru-
ments of mischief." But few will
thus honestly agreo with either Mr.
Jones or the News1 "intelligent ob-
server." Honest adherents of the
fallacies in Texas are scarce. There
may be adherents of Mr. Jones who
will follow htm not from convic-
tion but with the hope of secur-
ing something palatable. There are
any number of political nondescripts
who are ready to follow him or any-
body like him ; they are ready to go
pell mell into Greenbackisin Inde-
DEMOCRATIC STATESMAN
AUSTIN
pendeutlsm or Republicanism with
the hope of Republican reward for
to obtain federal reward one must
oppose Democracy This is the
sum total of the Wash-Jones move
ment in Texas. Those who ally
themselves with him hope to win
as he did by chance or dissension
some place in Texas; aud when
they fail to thus win they are
left the right to scramble
for place at Washington to win
place probably over the prostrate
forms of those who have stood by iu
the contest one out of onehuudred
becoming a happy man having re-
ceived credit for tho opposition
made by the oue huudred. This will
be a weak effort at Mahonisiug
Texas but since Mr. Jones' days in
congress are numbered he hopes to
livo in some politieal condition and
therefore he announces that he is
going to enter this race for the gov-
ernorship. Let him run; be will
hurt nobody so much as himself.
m m m
Though vast quantities of the
school lands suited to farming arc
worth five or more dollars per acre
they must continue to go at one
dollar aud not more than one and a
half dollars per acre.
The governor's message on the
apportionment bill is a choice piece
of sarcastic literature. There may
bo greater sarcasm iu the expres
sions ot the ballot box next Novein
bcr when many of these legislators
will be consigned to oblivion
The ex-Empress Eugenie against
whom a case was called at Mar
seilles France is mentioned in legal
papers pertaining to tho affair by
her various titles but also as " wid
ow of Mr. Charles Louis .Napoleon
Bonaparte."
Says the Banner: ."The friends
of Wells Thompson at Columbus
are enthusiastic in his support as a
candidate for congress." Of course
they are and Wells is a very good
candidate but then there are so
many candidates it would not be
well to bet on the strongest.
When Wells Thompson gets the
nomiuation for congress it will have
to be over the dead political carcass
of Bill Burgess; and even then he
will be confronted with the stalwart
form ot Judge Moore who will go
in for the second death struggle.
Not less than one will remain uu
slaughtered.
And now it is said General Jer
ome Bonaparte Robertson flaunts
into the field as the iLdcpendeut
gubernatorial candidate. He did
not consult with Wash Jones ; but
that is all tho same for if the powers
that be at Washington say that
Jones shall not run against the Inde
pendent Democrat why Wash will
just step down and out ; and then
when he' claims that he has Mahoue-
iscd Texas he may be lilted iuto the
seat now occupied by Senator
Coke.
Mr. Ingersoll in his last Sun-
day's lecture used the following
beautiful language respecting mi
mortality :
"The idea of immortality that like
a tide has ebbed aud flowed in the
human heart with its countless
waves of hopes aud fears beating
against the sauus aud rocks ot time
and fate was not born of any book
nor of auy creed nor of any reugiou
It was born of human affection and
will coutiuue to ebb aud flow be
ueath the clouds and mists ot doubt
aud darkness as long as love kisses
ike bps of death."
We rather think Wash Jones will
be crowded out of the gubernatorial
race by Gen Jerome Bonaparte Rob-
ertsou. The federal powers that di
rect anti-Democratic movements in
Texas may think that General
Robertson being an mdpendant
Democrat can rob the regular De
mocracy of more votes than a regu
lar political buchaueer like Wash
Jones. The powers will tell the lat
ter to give up one ambitiou for an
other that of taking a seat for six
years in. the United States seuate.
This plan will be highly satisfactory
to Wash Jones but when he gets in
to the senate on the gubernatorial
skirts of Gen. J. Ii. Robertson the
present line of politicians in Texas
will be a very superannuated set.
Across the Atlantic in Five Days.
A special to the Cincinnati Com-
mercial from New York says :
Commodore Coppin of England
who recently designed au improved
ocean steamship visited the produce
exchange yesterday with diagrams
of his invention and explained to
the members its mysteries and
beauties. Uhe diagrams show a
triple-hulled screw ship. There are
three separate vessels below the
water while above one vessel
only is seen. The centre hull which
is two huudred aud four feet shorter
than the outside .hulls containsAjd
engines. There are two screws or
propellers- at each side either of
which can be worked iu case the
other is disabled or the two can be
worked in unison thus increas-
ing power and speed. Commo-
dore Coppin claims that his vessel
will make the voyage from New
York to Liverpool in live days. The
vessel is designated principally for
passenger traffic all the staterooms
being above the water line while if
it is required the vessel can carry as
much freight as the City of Rome.
Commodore Coppin says that sea
sickness in his steamer will be an
impossibility as the three hulls will
prevent the rolling of the vessel
even in the heaviest sea. The hulls
both forward aud aft are pointed ;
in fact the steamer can be run either
backward or forward with equal
rapidity. The commodore has a
yacht in England constructed on his
model which he says can not be
equalled for speed and safety. The
dimensions of such an iron steam-
ship would be as follows: Length
over all 540 feet; length of center
hull 836 feet; extreme breadth 120
feel; greatest depth from spar deck
60 feet
The Pennsylvania railroad com-
pany has issued orders to its agents
to sell no tickets to intoxicated per-
sons and station gatemen are order-
ed to pass to the trains' no person
under the influence of liquor. Most
excellent regulation. No drunken
man should be allowed in a passen-
ger car.
TEXAS HURSDAY
TEXAS PRESS OPINIONS.
SHOULD BE PROVIDED FOR.
Dallas Times: The Sherman Dem
ocrat says as .Throckmorton has
been provided tor Judge liare aud
Captaiu T. J. Brown should receive
the same kindness at the hands of
the legislature. To do this Collin
and Grayson couuties should be
made iuto three congressional dis
trictsone for each of these gen
tlemen for whose welfare the coun-
try is iu honor bound to provide.
A PUBLIC NEED.
Beltou 'journal: Is there a pri-
vate insane asylum in the stale of
Texas? Members of the Texas
Press Association will perhaps sup-
pose that we took advantage of
their absence in California to ask
the question but it is no such thing.
We are convinced that au institu-
tion of the kind would be well pat-
ronized provided it was run in first
class style aud made subject to of-
ficial inspection.
WORTHLESS WITHOUT RAILROADS-
Brenham Banner: An impression
prevails among some ot the mem-
bers of the legislature that the- tate
has beeu very liberal to the rail-
roads aud that in consequence
thereof the railroads should be legis-
lated upon and restricted. By far
the larger portion of the land in the
state would not have been worth an
average-price of ten cents an acre
without railroads. Railroads have
made Texas what sbo is to-day and
upon them depends her future de-
velopment. A WORD FOR THE RAILROADS.
Houston Age: The Tyler Courier
gets some very odd notions into its
liead. It insists that because the
state gave to railroad companies
lauds on condiliou that they would
build railroads in tho state that the
state owns the roads and may law-
fully do what it likes with them.
Upon the same principle it might
be insisted because the United
states gave to certain persons 160
acres ot land each upon condition
that they would settle upon and im
prove the lands that the improve
ments when made belong to the
government and that it may do as
it pleases with them. The position
is hardly tenable.
BUT THEY CAN'T HELP THEMSELVES
Dallas Times : The Waco Exami-
ner is loud in Us protests against
the manner in which the Texas
newspapers are treated by the asso
ciated press. 'X he dispatches given
them by this corporation are almost
worthless and cost enough to make
the heart ot the richest editor bice
The Examiner says it does not be-
lieve the chief bosses in the corpo
ration understand how their mat
ters are mauaged iu Texas or they
would remedy the evils. The
weekly press of the state might be
of some assistauce to the bosses in
their efforts. The daily press you
know can't do much under the cir
cumstances.
OF PROBABILITIES.
Waco Examiner: On dit that
Senator Roman of Caldwell (which
is now in the ninth congressional
district) will take the field as an in
dependent and give Hon. Roger O
Mills a tilt for congressional honors.
Senator lloman is a talented man
aud a worthy citizen but we warn
him in time that it will be a cold
day when Roger Q. gets left. Such
a contest however would at least
be interesting and as Colonel liils
has had several walk-overs tnere
are pieuty or good .Democrats who
wouldn't mind seeing a Utile fun
now knowing there can bo no dan
ger in it. 1 he good Democrat we
beg to inform Senator Homau is
like the good church member who
is not so straight laced aud sancti-
monious that he objects to seeing the
young folks enjoy themselves. It
was only the Puritans who taught
that a man risked brimstone for
kissing his sweetheart on Sunday.
lour true Democrat is the most
reasonable soul livinv.
Some Facts About Blaine's Tor
mentor
Chicago Times.
Perry Belmont who is achieving
such remarkable notoriety in con-
nection with the cross-examination
of Mr. Blaine is a very young man
having passed bis thirtieth birthday
only last December. He is the elder
of August Belmont's two sons. His
brother August was married some
mouths ago. Perry is still unmar-
ried and his friends say he is rapid-
ly becoming a confirmed old bache-
lor. He is regarded as a youug
man of considerable intellectuality.
He has always been a hard student
aud the time that most young
men of his class gave to
the dissipations of fashionable
life he has largely devoted
to books. He is a lawyer by pro-
fession and considering his youth
bis legal attainments are said to be
very creditable. lie has always had
a taste lor politics and has con
tributed several articles on public
questions to periodicals like the In
ternational Review. He was elected
to congress as a Democrat by 2CO0
majority from the first district
which includes the couuties of Suf
folk Richmond and Queens. He
graduated from Harvard college iu
1872 was admitted to the bar in
1876 aud has since been engaged in
the practice of his profession. His
mother was a daughter of Matthew
Galbraith Perry who opened the
uninese ports.
HON. U. W. JONES FOB GOV
ERNOR
Independent of Parties Cliques
ana combinations.
Jefferson Jimplecnte.
"Washington D. C April 23.
Messrs. Taylor Warren and others :
Gentlemen Y'ours of the 20th inst.
received. Our next elections arc so
important involving so seriously
the highest interests of the people
of Texas that one really in sym-
pathy with the masses of the people
will naturally hesitate to become a
candidate for the highest office in the
gift of the people lest be should
thereby hurt the cause he would pro-
mote. For years. I had thought and felt
that all practical issues of national
policy between the two old parties
having been settled had survived
their usefulness and should be dis-
carded as obstructions to progress
and as instruments in the hands of
the ambitious and selfish. This is
the position I maintained in my can-
vass for congress in 1876 ; and fur-
ther that the convention system ab-
stracts power from the people and
concentrates it in the hands of pol-
iticians and in the absence of real
practical issues serves only as a ma-
chine for the harvest of spoils.
In my judgment the reason is as
imperious now as in '76 and I now
repeat what I said "to Mr. Taylor in
a former communication that if my
candidacy for governor can con-
tribute to the overthrow of the
tyranny of the prejudice partially
engendered by the strife between
the old parties I will become a can-
didate strictly and emphatically in-
dependent of all cliques and com-
binations and if elected I shall de-
vote myself to the attainment of the
best for the people of the state
MAY li 1832.
without reference to any party or
political organization.
from the manifestations of public
setimeuut it appears to me that it
will be consistent with uiv sense ot
duty to the public to become a can
didate for governor at the next elec-
tion and if nothing supervenes to
change this opinion my friends may
rest assured that I will not disap-
point their expectations. The main
effort of the opposition will be to
try to nave the people believe that
my candidacy is an alliance or coal-
ition with the Rcdublican party
aud if possible make the con-
test appear- to be really be-
tween the Democrats and Repub-
licans. This is what they did iu '76
aud again in '78 though they knew
their candidate had the support of
the Republican administration and
relied upon it as au assurance of
success. It is a matter of history
that A. B. Norton and Stillwell Rus-
sell actually got up a meeting at
Dallas and nominated a Republican
iu the interests of Bourbonism aud
yet 1 was denounced as a Republican
though every well-informed roan In
the state knew the charge was wholly
without foundation In 1880 the
charge was repeated and my con-
gressional record referred to in
proof of it while their Republican
allies notably Judge McAdoo
charged to the Republicans that I
was an incorrigible Bourbon and
referred to my congressional record
to prove it alleging that when my
votes were analyzed it was clear that
I was faithful to their principles.
though I did not bear the name of
Democrat. Such will doubtless be
the Bourbon role iu this canvass.
Truly yours. G. W. Jones.
THE CHINESE POURING IN.
Arriving at San Francisco at tue
Rate of 3000 a Month.
San Francisco Bulletin.
The agitation of the Chinese ques-
tion is having the effect of produc
iug the heaviest Chinese immigra
tion to California In six years. The
arrivals last mouth were 3891. Phis
is the largest number for any month
since .May 1876 when 3932 arrived
It is very rare that so large a num
ber comes to hand in a single month.
There has not probably been half a
dozen mouths in twenty-five years
that tho arrivals from China and
Japan have exceeded 3000.
In June 1874 the number
was 3758. These are the
only three instances of an excess ot
3000 in a single month in eight years.
ilie largest arrivals for any month
oi wincn we nave a record were
June 1873 when the total was 5046.
cor the month immediately preced
ing the number was 3909 aud the
mouth preceding that oue 2556.
m tkiug a total lor that quarter of
11511. i his number has never been
equalled. The total arrivals from
China and Japan iu 1873 were 17978.
That was the largest number up to
that time and with two exceptions.
the largest number that ever landed
here during a single Year. Those
two exception arc 1875. when the
total was 18366 and 1881 when the
total was 16221. The total number
of arrivals since 1865 has beeu 180-
D4i.
Most ot these immigrants come to
stay. The Chiuamau does not mi-
grate aa the Caucasian. Compara-
tively tew are sent back to China.
Ouly four times iu seventeen years
have the departures exceeded the
arrival?. iiiese lour years were
1866 aud 1867 aud 1879 aud 1880.
Iu the first iustauce the departures
exceeded the arrivals by 881 and
iu the second instance by 711. The
whole number of departures to
Chiua aud Japan for the above
seventeen years was 90946 showing
a net gain or nearly ao.ooo.
Vanderbilt Not Scared.
Cincinnati Commercial special :
Little alarm is felt by Mr. Vander-
bilt and Mr. Field over the apparent
attempt to injure them by packages
oi explosives mey very seldom
open their own mail. Mr. Vander-
bilt will not talk. He said be pre-
ferred not to discuss the matter.
Mr. Field was also reluctant to talk
but finally was interviewed bya
Tribune reporter. He said : "I was
first told about the finding of the
boxes about eight o'clock last even
ing when Postmaster Pearson called
on me. We went to Vanderbilt's
and taiteu the matter over with
him. I have lost no sleep about it.
I have nothing to say about auy
possible motive for seuding it to
me. No one can tell why it was
done. The box for me (I saw it to-
day) could have done me little harm.
I should not have opened it. The
failure in the plau will only result
in making people more careful about
such packages l don't open a quar
ter of the packages I receive. I
don't ascribe this to Socialists or
anv one as I have said."
American Culture.
The new number of the Nine-
teenth Century contains a paper by
Matbew Arnold entitled A Word
to America" which is reasonably
sure ot being widely read and dis-
cussed in the United States. Mr.
Arnold denies the statement made
in the Atlantic Monthly to the ef
fect that he had spoken of Amer
ican manners as "vulgar." lie says
that he never held auy such lan-
guage but that the life of Americans
does not seem to him to be the life
of the British Philistine. He sees
the "bitter and rowdy Philistines"
exhibiting themselves with great
luxuriance and with very little check
in the United States. Quoting Mr.
Lowell's saying that "Americans are
the most common schooled and the
least cultivated people in the
world" Mr. Arnold says that what
is nranifiestly needed is a higher
and larger cultivation. America
needs good secondary 'schools with
a practical programe and asks his
American critics what they think of
this.
An Important Decision.
Washington Republican.!
Attorney General Brewster made
a decision a few days since which
materially affects the interests of
contractors on mail routes through-
out the country. The question was
praised as to whether or not deduc
tion should be made from the pay
of contractors who fail 3d to perform
mail service owing to the overflow
of the lower Mississippi valley. The
section of the revised statutes in-
tended to direct the course of the
department in this matter has been
subject to various interpretations.
It reads as follows :
"The postmaster general may im-
pose deductions and fines for failure
to periorm a trip where the trip is
not run" etc. For some time past
the policy of the contracroffice has
been to withdraw deductions under
extraordinary circumstances and
where failure was caused by a gen-
eral disaster. At the time the vel-
low fever interfered with mail ser-
vice in the south for instance con-
tractors were excused in many cases
from performing service and were
allowed full pay. It has also been
the uniform practice of the depart-
ment to excuse railway companies
where overflows or landslides have
occurred or any other unavoidable
accident. Just why star contract
ors were not treated with the same
consideration accorded to railways
is oue of the secrets of the contract
branch of the service. The decision
of Mr. Brewster is that the word
"may" is mandatory and means
"shall." In pursuance of this con
clusion or the law omcer of the gov-
ernment deductions shall be made
in the pay of contractors in all cases
where failure to perform a trip oc
curs lhis will make a large de
crease in contractors' pay. Whether
the rule will be applied to corpora-
tions having as much influence as
railways have in the department re
mains to oe seen.
THE SOUTHERN STATES.
Parrish & Blackwell the Orange
county (North Carolina) tobacco
Kings soiu in oue day i4Uuuu pounds
to oue man.
A thriving and popular enterprise
in the neighborhood of Americus
Georgia is the fur trade the skins
being principally those of the beaver
otter and coon and a lew wildcat
and rabbit pelts.
The City of Bridgeton has brought
to Savannah from Florida a lost
boy said to be Charlie Ross. He is
beingsent north under orders from
the Philadelphia Society tor the
Prevention of Cruelty to Children.
W. R. Bickerstaff of Mt. Hilliard
Alabama took his family to a travel
ing photographer to have their pic
sures taken when the little two-
year-old son got hold of some
poisonous mixture drank) it aud
uieu iu iwo nours.
Jefferson City now the sixth dis
trict ot tho city of New Orleans
wants to secede and organize a city
government of its own. At a pub
lic meeting tne sentiment was large.
ly in favor of cutting loose from the
bigger town.
An old colored patriarch of sixty-
five aud au ancient "auntie" of
seventy-three were married re-
cently at Albany Georgia. The
groom is the father of Hon. Ishmael
Lonou representative in the legisla-
ture from Dougherty county.
Cadet Engineer Lawrence A. Wed
derburn of Alexandria Virginia
while exercising in the gymnasium
at Annapolis last Thursday re
ceived a fall which dislocated the
spiual column aud caused his death
in half an hour afterwards.
The Memphis Avalanche says:
The bt. Louis shameless eloping
pair John &. Curtis aged eighteen.
and Mrs. Jennie Dixon aged twen
ty-eight the laithless wife or Har-
nett Dixon and mother ot three
small children arrived in the city
by rail yesterday afternoon on their
grand tour through the south.
Eastman (Ga.) Times: Mr. Wil
Ham Mullis who lives on the edge
of town has joining his yard a
patch of beautiful corn. On last
Saturday night lightning struck a
slump about three leet high aud ou
one side the corn was killed for
more than one huudred feet while
ou the other it was just scorched for
a lew leet.
Two delegates to a colored con
vention held at Macon last week
got on the train near Tennillc Geor-
gia aud took seats in a first-class
coach. They were requested to go
iuto another by the conductor but
refused. 1 be Macon telegraph says
Failing in (his the conductor left the
car and as he did so the passengers
pulled out their pistols and gave
the delegates two ruiuut'es to find
the second-class car. They found it
and bad Halt a minute to snare.
Cuthbert (Georgia) Enterprise
An incident occurred out at Mr. 11.
Tobias' residence Tuesday the verv
thought of which briugs a shudder
over our whole body. Two children
of Mr. Tobias were playing in the
yard and near tho well. Une was a
baby two years old the other a little
girl ot seven. All at once the little
girl missed the baby and looking
toward the well saw just the heels
or tue little thing outside or the well
curbing. Without giving any cry
of alarm she ran with all speed to
the well and laid hold of the little
feet and drew the pet from its posi
tion of danger. In relating the oc
currence to her mother she said :
did't know whether to halloo or to
run but something made ine feel
like I ought to ruu and I did run
and got her out too.77
Concerning the recent debate in
the senate over war issues the New
York Times makes these sensible
remarks:
The issues of the war which were
fought over in the house the other
day engaged a good deal of the val
uable tune of the senate yesferdav.
Without calling in question the
gravity oi the considerations pre
sented by Mr. Edmunds it is evident
that the time could have been better
employed. A dispute about perpet-
uating the disabilities of a former
page boy in a rebel legislature is a
sufficiently small business to engage
tne attention or tne united states
senate however lofty may have been
the reflections which it suggested.
But all such discussions have this
radical irrelevance- that they pro-
ceed on the assumption that the dan
gers to the union of twenty years
ago are live issues to-day. Every
man in his senses knows that what
ever struggles may be before the re
public another struggle between
nortb and south is impossible. We
may drift into foreign war we may
be cursed with a socialistic revolt
but with 'a war of sections never
again. All that can be demanded of
the south is that it should respect the
equality of human rights guaranteed
by the constitution and take its fair
share of the equality of duties which
is the necessary correlative ot such
a compact The old rebel states
cannot be with us without beiug of
us and persistent nagging at com-
munities with whom we are indissol-
uble bound savors neither of states-
manship nor common sense.
Old John Brown's wife and child
are in destitute circumstances in
Santa Clare county; California and
Old John Brown's soul which is
still marching on seems to be utter-
ly powerless to relieve theii necessi-
ties. Mrs. Brown will however
Erobably have to suffer. It would
e like Bourbonism to revive for her
benefit the story of the crimes for
which her husband was hung be-
cause they were committed before
the war. Bettie and the baby take
up all the attention of modern pro-
gressive philanthropists. .
Last Sunday evening a Boston di-
vine suddenly paused somewhat
near the close of his sermon and
said : "We would all beg lad if that
young man in the vestibule would
come inside and satisfy himself
whether she is or is not here. That
would be much better than keeping
a half-inch draft on the occupants of
the back pew." And in the solemn
silence that followed the congrega-
tion could hear a sound outside as
the retreat of an army with banners.
A farmer in Clay county Texas
has a 3000 acre wheat farm and ex-
pects to break 7000 acres more this
year and 3000 next year which will
make a wheat patch of 13000 acres.
NO. 41
SYNOPSIS OF OPINIONS.
Reported Expressly for the Statesman.
Commissioners of Appeals.
The state vi. Veilro Sail et al : anneal
from Travis county. Confirmation ot
tbree league of land nought under act of
August 15 1870. Reference U made to
tbe opinion of Roberts. J. in 47 Texas
2o0 827 for full discussion of the above
act. The attorney general havinir
waived time accepted service of inter-
rogatories and agreed to the appointment
ol special commissioner bia lallure to
cross doe not prevent appellee's use of
tbe evidence. Tbe omission of tbe
olllcer'a jurat to tbe certificate of tbe
commission is cured by amendment by
tbe officer under leave ol tbe conrt.
Citizen and foreigners are botb included
iu tne colonization law of Taniaulipas of
Dec. 1.") 1820 tbe former simply being
preferred. P. D. 783 article 20 of that
law only gave the right to ouch quantity
of laud as tbe party might desire not to
exceed nve league. Kuch a construction
reaults from tbe context aud plain Im-
port of tbe language and wag
given by tbe tben ollicer charged with
its execution. The record (p. 10) doe
not sustain the position urging reversal
that this land was upproised at 10 per
league and that tbe loweat limit was
fixed by law at $30. Tbe statement in
tbe expediente that tbe tbree league bad
beeu appraised at if'JO which with tbe
dispatch bad been directod to tbe gover-
nor being a recital by a public officer in
tbe discharge of official dutv should au.
tain the finding of tbe court in that par-
ticular only wben the grant waa actual-
ly issued by tbe execution that tbe or-
der was made directing tbe alcalde to
put the grantor in possession. This claim
originated in 1832. founded in irood faith.
The expediente contains all requfsil of
me taw oi jszo ana tne payment or tbe
purchase money and It is shown that
tbe continuing in possession by tbe ap-
pellee and bl fathel. prior to the deiir-
nation in 1832. was with tbe official of
lamaullpas considered equitable title.
Ilie destruction ot tbe record of tbe
state or Tamaulipas in 1805 disabled ap-
pellee from exhibiting by tbe record
action taken by tbe execution upon tbe
expediente. Act ol 1870 includea such a
.light a this which would by tbe law ol
1820 have matured into a perfect grant
had not tbe sovereignty vested in tbe Re-
puuuc oi rex an. Affirmed. Watts C.
Elizabeth Wilson et al vs. 1. W
Wright et al ; appeal from Lamar county.
That tbe surviving husband petitioned
tbe appointment of another without
reasons tnereior as administrator un-
der Hartley's digest. 91)51. waa an irreiru-
larlty tbat does not avail tbe appellants
in this collateral proceedings nor in any
other at this late dote. It is sufficient
tbat tbere was evidence of tbe deuth of
the wife at the date of the appointment
ol tbe administrator though tbe evi-
dence was conflicting and the court
found tbe other way. While tbe de-
ceaseu aia not nave a nxed domlcll In
Texas at tbe time of ber death the ad
ministration was properly opened in La-
mar county where she owned realty ac
cording io statutes tnen in loree. me
entering of tbe amount ol tbe purchase
price as an approved credit against tbe
estate is sufficient to rest title. 22 Tex.
870 not in point. Tbe order of sale and
tbe order confirming the same
sufficiently describe tbe land sold
wben taken In connection with tbe In
ventory and other existing fact. Vide
J. C. Robertson etal vs. S. E. Johnson
et al decided at tbe present term. Tbe
conveyance or tbe certificate at any time
before tbe patent issued transferred the
land. 45 Tex. 600; 82 lb. 102. This ad-
unuisi.rai.ur s saie was raaae in January
1851 and this suit brouirht in October.
1870 which lapse is a bar to recovery of
uie uusoana. ii tne neir were under
age at tbe time ol tbe conveyance to
maintain this suit they must have ten-
dered back at least tbe consideration to
Wright. 17 Tex. 421. Wright having
title to the land by estoppel as against
Miltower and tbe heir ot Bowerman tbe
court did not err in rendering judgment
quieting the appellees in their right to
ana possession or said land. Affirmed
Watts C.
A. Jernigan et al. vs. Wm. Williams
error from Brown county. Tbat tbe de-
fendant in error was a freedman is not
buowb uy ine recora except where tue
ciera inserts alter tne name or tne piuin-
titt. in one certificate tbe letter K. M
C. A plea to tbe disability to maintain
this suit sbouid have been nresenuu) in
the court below Drior to tbe answer to
the merits. It comes too late wben pre-
sented for the first time on appeal. It
was objected to tbe person of defendant
in error mat as a rreedman of color be
could not acauire land bv nre-emnt.lon
until tbe act ot August 12 1870 : and tbat
bis possession of tbe land must have com
menced before the passage ol tbat uet.
Since tbe plaintiff fulled to record the
survey from no fault of bis if tbe de-
leuuauis uau notice or settlement they
bad all tue notice the registration
could bave given tbem. So tbat
tbe survey was not actually rec-
orueu is unimportant. Tbe declara-
tion of a third party tbat went upon tbe
land as a tenant of tbe plaintiff made
while such party was on tbe land was
admissible. Neither plaintiff nor de-
fendant having a patent as between the
two tue iormer s equities were superior
Affirmed. Delanv C
Jesse It. Bond and wife vs. A. A. Alli
son et al ; appeal from Caldwell county.
Tbe statute P. D. 6834 exempts from
lorced sale tbe household and kitchen
furniture ot tbe family used bv thnm
a family and it does not nrnt.twt th
furniture of hotel which was used for
tue accommodation of guests. Tbe
family's appartments in this case were
connected with the hotel by a platform
and doubtless tbe furniture of a private
iuinlly would not be subject to execution
because boardem were received into tbe
bouse. But hotel furniture is not ex-
empt becausajhe keeper fs tbe bead of a
laiuii. Aoimiea. ueiany i;.
Supreme Court.
8am C. Bennett et al v. San Antonio
R. K ITIll I.. A lini.l.tinn . r
Bexar county. Tbe authorities are con-
j " 'u" sjjub negligence in tue
officers of tbe corporation In falling to
examine IIia ImnL n h iaaa. ...!
committed by an official will not dls-
vuaigc surety on mat omciars bond
given thereafter If such frauds were
uuBuu.ru uu uuexpecteu oj tne om-
l"" """ Ui x a. Ot. J4iJI
Bank Sup. Ct. ol Ky. 10 Itusbl cited by
tbe appellant not in polut. For here
there is no evidence tbat tbe approval of
ws niu omcer s account was an act in
tjtndAri for th. Information III
or tbat there was any publication there!
of. Had there been rranriulant rar.rA
cummuui or irauauient conceal.
ment on tbe part of tbe directors tbe
sureties wonlil ha I.... ii.i. ......
because of fraud. Tbe court regrets
.uai u Hoove question aione require
uiiuuHivu ai present. Amrmea. Uould
C. J.
Andrea Louisa Freteili Art V sTl Artf-cr a.
F. Hinds et al : appeal from Bexar coun
ty. mat parol evidence Is admissible to
prove tbat deed absolute upon Its face
was executed upon trusts not reduced to
writing and to prove a resulting trust Is
not an open question in this court. 27
Tex. 231. The general rule tbat title
suDsequenuy acquired by a vendor who
has conveyed land by deed with
warranty Inures to tbe benefit ot bis
vendee pot applicable to this case. V.
holding a naked legal title in trust for B.
until tbe latter made tbe deed 1e bim
made full satisfaction to T. tbe indepen-
dent executor of tbe will of M. for
tbe breach ot warranty of bis
deed to M. If F. also tbe
testamentary guardian of appellant
uau uumaiu w uer tne moner rrom v.. in
settlement of bis broken warranty she
baa ber remedy against him. Affirmed.
Stayton J.
Heir J. 8 Brsnder vs. Esther Kline ;
appeal from Fannin county. Tbe court
did not err in admitting in evidence tbe
letters from J. S. Brander to appellee as
tbev contain explicit recopnltTnn hvJ
S. Brander of her rights to tbe land tbe
extent of ber Interest therein . tbe quan-
tity of land and oi his willingness to
bold one-hsUf thereof for ber. Tbe testi-
mony of C. and of A. considered with
tbe aforesaid letters fixed with reason-
able certainty (there beine no nrooi that
J. 8. Brander owned any otber land In
Fannin county) tbe land to wbicb tbe
letters referred. Tbe proof tbst one-
half ot tbe purchase money was paid out
of tbe fundi of Mrs. Kline is suf-
ficient to support the findlnir of
the court wben it is considered
tbat tbe land waa purchased in 1853. tbat
O. bad in charge the property of Mrs.
n.. as ner agent mat tne interest in tbe
land claimed by Mrs. K. came through
O'l. agency tbat B and bis agent who
controlled the land as well as O. are all
dead and tbat it was impracticable to
firoduee more direct evidence after tbe
apse of so long a time. Tbe manifest
justice of tbe ease is so marked that tbe
judgement ought to be affirmed. Stay
ton 4.
JS oTBVTbe several reports of the com-
missioner adopted at this sitting of the
supreme court were published when de- I
llvered by the former; and for their Bar-
ticularizina reference la made to tbe
list of cases deetded by tbe supreme
court at tbe time ol tbe above opinions.
Wllllsm Scrlbner vs. tbe state : anel
from Tarrant county. Wben tbe Indict
ment alleges tbat tbe defendant "did un
lawfully play at a game or cards In a pub-
lic place contrary to law etc." if the
playing was done at a place otber than
those specified by law sufficient facta
must be stated to sbow tbat tbe place was
public. Tbe statutory provision that
wben to constitute tbe oflenie an aot
must be done In a public place it is sut-
flcient to sllege tbat tbe act we don In
a public place" bad not gone Into effect
wben thi indictment wa found lie-
versed and remanded. White P. J.
u. itoone v. tue state ; appeal rrom
Wilson county. Tbe local option law
wben constitutionally in force repeal
part of aud all laws conflicting witb It In
the limit of tbe locality of its operation.
Therefore tbe occupation tax on retail
liquor dealers imposed by tbe general
law does not operate In those locali-
ties where the local option law la
In force. This prosecution having been
brought under tbe repealed statute
which provided for tbe sale of sptritous
liquors in quantities of a quart and less
than live gallons all offenders against
tbat law are exempt from punishment.
ueverseu ana aismissea White r. J.
Charles Warde vs. the state; appeal
from Bexar county .The single fact that
tbe showing lor a continuance was tech
nically good would not entitle party to
tbe same for the granting of tbe motion .
1 within tbe discretion ol tbe court even
on a flrit application. If held InaulHclent
on tbe motion for a new trial wben
brought before this court it must appear
that the corrected of the action i In-
volved both a to materiablllty and prob-
able truth. Tbe form under tbe "com-
mon lease Indictment bill" in tbe acta of
tbe seventeenth legislature are pur-
posed to include the use of otber forms
according to statutory definitions and
well accepted precedents. If tbe accused
Is under fourteen years it Is a matter of
defense ; and tbat be is an adult male
need not be alleged. Wben tbe victim is
knocked senseless as In this case pene-
tration in exception to tbe general rule
can be proved by circumstantial evidence.
Tbe diabolical results are quickly fore-
seen were these bumau bruit to escape
because tbe victim could not swear con-
clusively to tbe act of penetration as she
wa uncousclou during tbe accomplish-
ment. Affirmed. White 1. J.
T. and f. railroad vs. K. G.'Lanham;
appeal from Urayson county. Tbe court
beiow erred in assuming tbe Injury of
the horse in its charge aud in not grant-
ing a couuter charge calling its attention
to the error. 20 'lex. 205 And It was
error in tbe second paragraph to In-
struct tbat tbe railroad was liable lor
tbe services ol tbe horse. In 11. aud T.
C. It. 11. company vs. Muldrow. 52 Tex..
233 It I herd that "tbe value of
stock kiMed or Injured at tiaie of the kill-
ing. Is the measure of damages under
tbe stntute." it. 8. 4245. In tbe last
paragraph tbe court not duly assumes
that tbecalf was killed but Instructs tbe
jury that tbe plaintiff is entitled to its
value not to exceed tbe amount claimed
as Its value. For failure to give tbe law
applicable to the facts and for error. In
assuming tbe facts In issue tbe judg-
ment is reversed and cause remanded
White 1. J.
Tand P. R. It. company vt. T. J. Wil-
liams; appeal from Urayson county .One
of several joint owners cannot maintain a
suit to recover his uudlvlded or In
dividual interest in the property de-
stroyed. 28 Tex. 335. Tbe measure
of damages lor property destroyed is tbe
market value of the properly at tbe time
and place wben destroyed. 40 Tex. 400.
The court should bave Informed tbe Jury
as to what was the legal meaning of mar-
ket value. 51 Tex. 203. These issues
were raised by tbe evidence and tbe
court failed to submit tbem to tbe Jury;
aud upon failure the defendsnt sub-
mitted appropriate instructions which
were refused. Reserved and remauded.
Winkler J.
Fllpe Moncullo vs. the ttate J appeal
from Nueces county. The language of
the court.helow wben ruling out certain
evideuce and before tbe Jury tbat:
'The court Is compelled to regard him
(the witness sought to be Introduced)
as a principal offender it having been
shown tbat be acted together with tbe
defendant on trial In tbe coru-
mlsslon of tbe offense charged and lor
this reason tbe court cannot permit tbe
said Rich to testily." Is held
by tbe court ot appeals to
be calculated to prejudice tbe jury as
to tbe defendant. 10 Ct. Appls. 478.
"Tbe language very plainly indicates to
tbe jury that. In the opinion of tbe Judge
not only tbat tbe proflered witness but
also tbe defendent tben on trial were all
guilty of tbe tbeft charged against tbe
defendant and were alltjprlncipal offen-
ders." Reversed and remanded Wink-
ler J.
Bill Smith vs. the state: appeal from .
Travis county. Tbe Indictment avers
theft "rrom the possession or Williams
whose other name If any is unknown to -the
grand jury etc;" and tbe question Is
as between tbe allegation of tbe indict-
ment and tbe evidence at tbe trial does
the proof show such variance as tbat tbs
allegation was not supported that tbe
christian name of Williams tbe Injured
party was unknown to the said grand
fury or tbat they could bave ascertained
the same by tbe use of ordinary dili-
gence. Tbe provision of tbe statute rela-
tive to this subject relers only to tbe
name of tbe defendant and Dot to that of
any otber person whose name should be
averred. Ills sufficient for tbe indict-
ment to allege one or more Initials of tbe
christian name and tbe surname in an
allegation of tbe name of a person neces-
sary to be stated; and wben tbe same is
unknown to tbe graud jrfry tbat fact shall
be stated and a reasonably accurate de-
scription "hall be given of tbe party
charged witb tbe crime. Affirmed.
Winkler J.
Earnest Allen vs. the state; appeal from
Williamson county. The evidence Is to
the effect that the owner of the stolen
property having remarked to tbe appel
lantthat tbe thief was suspected and
that sufficient evidence wss bad to con-
vict bim and unless It was stopped a
magistrate would be called upon to -examine
the case. Upon this tbe defend-
ant left and shortly oame back witb tbe
stolen money returning it and confessing
bis guilt. In this ease no prohibited
compulsion or persuasion exists and tbe
defendant was not directly or Indirectly
threatened. Tbe return of tbe property
contrition and a disposition to repair the"
injury along with 'the lear of tbe-punlsb-ment
all made up tbe Incentive? to tbe
defendant's restoration of the personalty.
Tbe penal code article 750 should bave
protected tbe defendant when tbere was
an intention to return. Reversed and re-
manded. Hurt J.
Robert Harden vs. the stsie; appeal
from Hopkins county. The defendant
Interposed a special plea to tbe effect '
that in order for tbe conviction of bis
co-defendant to be attained through
agreement between tbe attorney appoint-
ed to represent tbe state and the defend-
ant's counsel a nolle prossequl would be
entered for bim; tbat he faithfully testi-
Bed on tbe preliminary examination tbe
justice of the peace assuring bim of in-
demnity; tbat tbe otber defendsnt was
committed on bis evidence; tbat be testl
fled to tbe best of ability before tbe grand
jury and tbat he thought bis retention In
custody was as a witness wben be was
brought Into court to answer tbe Indict-
ment against the otber defendant. To
tbis plea tbe district attorney's demurrer
was sustained. Held. tbat. deDlt
great weight of authorities requiring tbe
interposition ol executive clemency tbe
state making a solemn compact witb ber
citizen through her officers the contract
sbouid be enlorced in tbe courts In
exact compliance with Its terms the
party having kept his agreement to tbe '
best of blsablllty. Vide 1 Tex. Ct. Ap-
peal 137. Reversed and remanded. .
Hurt t.
m m m
A Colore Senator Preeentea wit a
a Democratic Can.
Yeslcrdav when Hnnator Ttiirtnn rt
Fort Bend county the only colored man
in the state senate reached his seat ho
found a verv handsome cnlH hiA rx..
on his desk. It was a present from the
cmDloves of the senatn. mil u.rvM
show the universal respect entertained
by the donors for the senator. The fol-
lowing card from Senator Burton has
been handed us for publication :
To ths Editor of th Btateamaa l
I desire to express my grateful ac-
knowledgements for the elegant gold
headed cane I found on rny desk yesterday
mnrninir inasrihivf "TV Him.in. !..
-- - ASUt-
toD from Democratic officers of tbe
senate. i can command no words
to express my appreciation of this beau-
tiful mark of cnnrlrlRnrjt mil
tendered by gentlemen of another race
ana political creea.
I cherish far above the honors or
emoluments of nfflra th i
friendship of gentlemen with whom my
official position has brought me in contact
and I shall prize their gift as I do tho
sentiments that prompted It.
In this connection I wish to express
my sincere thanks for the many acts of
kindness and courtesy at the Lands of
both Senators Kiwi nfflrora nf whi.h I
have been the recipient during a service
of several years in the state senate. I
trust eacu win accept uie gnuuuae and
kindest wishes of their humble servant
11. . W T I '
YTAtiTKHJIl. DUBTOll.
Always avoid harsh purgative pills.
Tbey first make you sick and tben leave
Jou constipated carter's Little Liver
'Ills regulate tbe bowels and make you
well. Vote one pill.
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Weekly Democratic Statesman. (Austin, Tex.), Vol. 11, No. 41, Ed. 1 Thursday, May 11, 1882, newspaper, May 11, 1882; (https://texashistory.unt.edu/ark:/67531/metapth277841/m1/1/: accessed June 23, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .