Austin Weekly Statesman. (Austin, Tex.), Vol. 26, Ed. 1 Thursday, December 24, 1896 Page: 3 of 12
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'I1
i 4
111!
FIVB PERSONS BURNED TO
DEATH RESULT OF A LAMP
: ' EXPLOSION.
IK
Wainea Broke Out in Allen Theater
(. Building Also Containing Masonic
J! Hall A $100000 Fire at Ux-
bridge Mass. Other Fires.
f
f New York Dec 20. The explosion of a
piano lamp on the second floor of the
four-story residence at 514 East Fifty-
eighth street resulted in the loss of five
hVes tonight. The dead are:
.( Aaron Goldsmith 45 years old.
. ; Catholtilde Goldsmith his wife 33
rears old.
; .'Bertha Goldsmith 10 years old.
5 Frank Goldsmith 0 years old.
The only other person in the house at
the time of the fire was Mary Rosa aged
20 a domestic servant who saved her
life by jumping out of the window.
The family was together during the
evening the only other member of the
household a Mr. Ilirsch brother of Mrs.
Goldsmith haying gone out shortly after
the evening meal According to the story
told by ;the servant she was on the third
floor f: the. building putting Harry and
Frank ;'the two' youngest boys to bed
when she heard the cry of fire coming
from the floor below with calls to her
to come down. She ran out of the bed
room and hurried down stairs and the
little children followed her. As soon as
he looked In the front room on the sec-
ond floor she saw the whole front ablaze.
Sho- became f reightened and ran into a
rear room and jumped from a window
to - the ground. She remembered noth-
ing and does not know what caused the
upsetting of the large piano lamp.
The Jose by fire to the building and
Contents will not exceed $5000.. . BIG CONFLAGRATION.
Uxbridge Mass. Dee. 20. One of
the greatest conflagrations that has oc-
curred in Worcester county for ninny
years broke out in the heart of the busi
ness section at pn early hour today and
before it -could be controlled four large
business blocks nnd three
mu wvu reiineeu to asnes entailing a
oss.iof over $100000 upon which there
Is an insurance in various companies of
f 05000.
t lf:is not known what caused the fire
but Annies were first noticed in two dif-
ferent places in the big three-story wooden
blook.pwned by H. E. Gunn. The wood-
en buoldings owned by A. R. Tnft Chris-
tian Gredig nnd E. M. Goldthwnite were
destroyed. The timely arrival of a sec-
tion of .-the Worcester tire department
soon checked the flames.
i DESTRUCTIVE FIRE RAGING.
Flreroen Wrestling With n Fire in New
it....i t. "
Brunswick N. J.
S'!iI'mjRrnf'ick N. J. Dec. 21 One
pviS' -most destructive fires that has oc-
( V cu..ed! in this plnce for many years broke
S out at 12:30 a. m. in Allen's theater
building which is situated at the corner
of George and Albany streets. The
bulldiPK is fifty feet on George nnd 220
feet .on Albany street and contains Al-
len's theater the common council cham-
bers.of .New Brunswick and the Traction
oompany's office also the Masonic rooms.
On jhe ground flour is Leonard Scheibeg's
cafe.- The fire started in the rear of the
stage and quickly gutted the building.
Jopn O'Brien stage manager of the
theater was four lying on his trunk
In an.'unconBcioua condition. He was
taknn. out by the firemen.
Joseph Cnstner and wife janitors of
thci.building were found on the fourth
fleoij of (.the burning building running
from one room to another. They were
also rescued by firemen.
The whole fire department was sum-
moned to the scene. The adjoining prop-
erty -is .threatened nnd the firemen are
doing their best to extinguish the flames.
The1 bnrned building is owned by the
Newark Building association having been
built in 1872 at n cost of $240000 and
i it Is snid to he the Inrgest in the city.
' The enpse of the fire is unknown.
. r '
'' BIG BLAZE.
fndinnnpolis Dec. 20.-P. II. Fitzgi-r-sl.wbo
.witli other Indinnians founded
the town of Fitzgerald G.. received n
'dispatch today announcing that fire had
' destroyed all the big business blocks on
Grant .street. both sides from Pino to
Magnolia. Loss $75000; insurance $25-
000; ' i
SUBJECTS FOR CONSIDERATION.
Cincinnati Dec. 20. Among the sub-
jects that will be presented .before the
National . Board of Trade by the dele
gates from the Cincinnati Chamber of
Commerce are recommendations favoring
uniform freight classification revision of
the tariff retirement of greenbacks re-
duction of tax on bank notes to one-half
of 1 per cent increase of circulation of
V national banks to par value of bonds do-
f posited establishment of a national
' clearing house issuance of no bank notes
far. loss than $5 nfter July. 1897 inter-
national bimetallism discontinuance .of
the HUb-treasury system extension of. the
Tor.rens system improvement of the in-
terior waterways service adoption by
all-nations 0f n monetary unit of a com-
mon TrTT and the establishment of a
department of commerce nnd manufac-
tures. .
' A. CHANCE FOR DURRANT. .
Sao Francisco Dec. 21. What may
prove to bo the beginning of the end of
the.p'urrant case took place in the su-
preme court today. The brief of Theo-
dore Durrant was filed although there
has been much discussion as to whether
It could now be filed the usual time
for doing so having elapsed. Durrant
was finally granted a .resubmission.
.Attorney General Fitzgerald has filed
a brief replying to defendant's coun-
sel. Durrant is now given ten days in
which to file a brief replying afler which
the cnRe of the alleged murderer of
Blanch Lamont will be finally decided.
. INSPECTING T11E PROPERTY.
St. Joseph Mo. Dec. 20.-.Wi:iiclm L.
Bull Henry Budge A. II. Jolline of the
Central Trust company and Win. Strauss
counsel for the reorganization committee
all of New York will arrive here tomor-
row to4nspect the St. Joseph and Grand
Island railway property and will lie bid-
ders at the sale of the road at Hastings
December. 3. . E. McNeil president and
wnernl manager of the Oregon Kail way
rvml. Navigation cyuipnny of I ortiand
Uf bre. arrived today. It is not knownjust
sale. The theory obtained here is that
nia.purchase of the Grand Island would
mean the early consummation of the
cherished scheme of paralleling the Un-
ion ami Central Pacific bymeans of un-
ion of branch lines built by them in the
height of their railway prosperity and of
merging interests with an eastern trunk
line the Baltimore uud Ohio for inst.inpo.
so as to complete an unbroken trans-con-tmental
line between Hie two oceans.
CHARGED WITH MURDER.
Bryan Tex. Dec. 20. (Special.) A
young white man named C. H. Hargrove
waB lodged in jail here early this morn-
ing charged with the killiug of a negro
nnmed Sam Rowden near Thompson's
creek last night. Both parties were in
town yesterday evening and the negro
wns killed on the way home. Parties
came in from the scene of the tragedy
last night and notified Sheriff Munn who
went out to investigate. Hargrove ap-
pears to be about 28 year old and has
been in the eounty but a short time. He
came here from Fort Bend county.
THE SENTENCeAvaS DOUBLED.
Colmesneil Tex. Dec. 20. (Special.)
In the district court at Woodville yes-
terday at 11 a: m. the jury returned n
verdict against Sam Humble charged
with the murder of L. T. Ferguson at
Kouutze over two years ago adjudging
him guilty of murder in the second de
gree his penalty being ten years in the
penitentiary.
Humble was formerly tried on the
same charge judgment being for a five
VOnra tnrm lint n now rinl wna vnnfrwl
terminating with the verdict rendered to-
day.
ACTION OF SENATE
CAUSED LITTLE
COMMITTEE
EXCITE
MENT IN LONDON.
THE OPINION IN SPANISH CUES
It Is Thought No Difficulty Will Result
Over the Matter News From the
Philippines of Spanish Cruelty
to Prisoners.
Loudon Dec. 10. (Copyrighted 1890
by the Associated Press.) In spite of the
fliimini? news nlnpnnlful mi thp notion of
the foreign relations committee of the
United States senate in agreeing to re-
I port the resolution for the recognition of
the renublic of Cuba it has not caused
. .
excitement in London. Most of the poli
ticians are out of town and the bankers
and brokers were unmoved. There was
a call ou the Stock Exchange in Ameri-
can and Spanish securities out of sym-
pathy with the downward movement re-
ported from Wall street but it was
shortly followed by a recovery. The
malinger of the Bank of Spain and Eng-
land said he did not expect ny general
fluctuations as a result of the "regret-
table action of the senate committee."
He added that the rate of exchange so
far had not changed nnd remains firm
steadied largely by the recent success of
Spanish loan.
Continuing he said of course there had
been excitement in Marid but some ac-
tion by the sennte had been considered
inevitable. It will no doubt increase the
feelings which Spain will manifest dur-
ing the next few days. But I do not look
for any marked change on the financial
situation.
Howard Potter of Brown Shipley &
Co. does not regard auy change iu the
financial situation to be imminent and
other bankers and brokers who hove been
interviewed on the subject expreised the
same opinion. A lending member of the
Spanish colony and a gentleman holding
an official position said: "The Spanish
colony in London is too few to be of
much importance. Our leading mer-
chants in the cork and wine trades are
greatly grieved at the attitude taken by
the American business houses in regard
to Cuba and they still more regret .that
any Americans believe the story that
Antonio Ma ceo was assassinated. He
wns a brave man ns shown by his facing
the. enemy when n chance shot happily
aimed by a Spanish soldier killed him.
In official. Spanish circles in London it
is uot believed any difficulty will ensue.
Snaiu's eovernment. it is claimed is
acting with prudence nnd with the high-1
est degree of statesmanship. The effect
of the senate's action in Spain will not
be known for a few days owing to in-
terruption of .the Innd wires on account
of the severe wea'her and government
censorship of telegrnms. Although the
censorshii) is not as riirorous
is at present
still a jealous eye is kept on dispntches
emanating frsm Madrid nnd elsewhere. ..
Private letters received here from Ma-
nila capital of the Philippine Islands
state that the Spaniards there are resort-
ing to torture in order to extort confes-
sions .from captured insurgents nnd sus-
pects.. The instruments of torture used
are from the times of the inquisition and
consist of thumb screws "Spnnish boots '
etc. which are still preserved there.
Mascngni has just finished a new opern.
The scene is laid in Japan. The compos-
er was paid an enormous sum for . the
opera by publishers. .......
A preliminary meeting of the supporters
of the queen's commemoration fund for
placing the jubilee institute for nurses
upon a national basis was held at Gros-
venor House on Wednesday. The insti-
tute was founded in 1887 by the queen
who gave 70000 pounds toward it. The
Duke of Westminster who presided rend
n letter from Miss Florence Nightingale
npproving the plan. It is stated that nl-
thntigh subscriptions have not been in-
vited a large amount is already in hand.
PREPARING FOR A MASSACRE.
Constantinople Dec. 22. An irarle hns
been issued granting amnesty to all Ar-
menian prisoners except those sentenced
to death for murder. The terms of the
amnesty include about 100 Armenians
under sentence Of death for other offenses
than murder.
SEVENTY-TWO HOURS WA STED.
Houston. Tex.. Dec. 22 (Specinl.)
After having been seventy-two hours in
a hypnotic state young D. W. Snylor
wns this evening before an audience in
Turner liaM. awakened by fretessor K
Laska who controlled him during his long
sleep lie looked a little pallid and some-
what thinner this evening after his awak-
ening. JOHN L.'S IGNOMINY.
Boston Mass. Dec. 22 John L. Sul-
livan sat in the poor debtors' session of
the municipal court to explain why he
had failed to settle n florist hill. The
case will be further heard January 11.
KILLED IN A RUNAWAY.
Leonard Tex. Dec. 22. (Special.)
James Paynes' son. aged about 10 was
thrown from a wagon by a runaway two
or three miles enst of town yesterday
and . was instantly killed. . He fell on
the tongue and single trees and a kick
from one of the horses broke his neck.
AUSTIN WEEKLY STATESMAN THURSDAY DECEMBER 24
BARREL OF
AWAITED HIS
DOCUMENTS
PERUSAL
AT DALLAS.
III IRE HIT GflLLERS -1
Some Made Social Calls While Others
Had Axes to Grind Appointments
Made The Governor Sympathizes
with Cuba But Opposes"
Annexation.
Dallas Tex. Dee. 19 (Specinl.)-Gov-ernor
Culberson was a very busy man all
day today. Before taking the train
from St. Louis for Texas he wired his
private secretary to forward his private
mail and applications for office to the
j Windsor hotel. The private secretary
' f :i it l f 11 11 X7 nlmcrwl lia ni.A ........:
; He gathered up the letters and other doc-
x uuv
. . . J - . ui. "in. Uliill UIIIU11B.
uments made up one packnge and that
package was as large as an ordinary
shoe box. The receipt of this nnckace
surprised the chief executive. He placed
it on the table In his room calmly sur-
veyed its dimensions thrust his hands into
his trousers pockets and whistled. He
spent several hours today examining this
mass of correspondence and assorting the
same. He had mnny callers. Many
came to pny their respects nnd others to
"sny a word for a friend."
The chief executive made a couple of
calls himself. He first visited the office
of his former law partner Mr. John
Bookhout and later called on Gen. W.
L. Cabel and requested "Old Tige" to
accept a position on the board of man-
agers of the Confederate Home at Aus-
tin.. Gen. Cnbel accepted the honor and
will qualify in a few days.
Tonight a reporter called on the gov-
ernor and asked him if he had any ap-
pointments to make public. He said:
"Hon. Mann Tripp nf Austin hn lun
f rp-nnnninterl nnaietniit n tt-iptwtTr rfi.n..l
"l-i ......... .....v uuuimj l7iii-lll UL
the state and Dr. J. C. Mnyfield has
bw"n PP"nted quarantine officer at Gal
Ieston t0 succeed Dr. Blunt resigned.
Dr. C. M. Rossor hns resigned the su-
periutendency of Terrell asylum for the
insane. His resignation has been ac
cepted to take effect on January 1. This
evening I was notified that the board
of mnnagers of the Terrell asylum had
elected Dr. D. L. Gnillard of Greenville
as superintendent."
"Have you selected the winner in the
race for secretary?"
No; the appointment has not been
taken up yet."
It was understood that the board of
managers of the Austin asylum will re
elect Dr. M. Worsham of Ellis county
as superintendent and the bofird of man
agers . of the Southwestern asylum at
San Antonio have decided to retain Dr.
Wm. Wallace MacGregor of Laredo as
superintendent of the institution.
Dr. Gnillard who succeeds Dr. Rosser
as superintendent of the Terrell nsylum
has been first assistant under Dr. Rosser
for the past two years. He is a native
of South Carolina and was born in Fair
field county near Columbia in that state
forty-eight years ago. He graduated
from the Louisville Medical college and
located at Greenville seventeen years
ago where he practioM medicine until
1894 when he received the appointment
of first assistant nt the Terrell asylum.
Tonight a reporter sought to obtain an
expression from the governor ou the Cu
ban question. He said very emphatic-
ally: .
"I want to see the Cubans gain their
independence from Spain but I nm op-
posed to the annexation of the island
The truth is . we. have more territory
now thnn we can look after and for one
I nm certainly not in favor of the an-
nexation proposition . -
I believe in liberty and government
founded upon the principles of justice uud
equality.
LEAVES FOR AUSTIN.
Dallas Tex. Dee. 19. (Special.) Gov-
ernor Culberson changed his program to-
night and took passage on the Katy flyer
for Austin. He nt first decided to' re-
main in Dallas until Monday but
changed his mind. . .
There was a rumor flying about tonight
to the effect that . Mr. .Frank Andrews
of Houston had been tendered the posii
tion of secretary of state and. had de-
clined .the office. . This the governor de-
nies. .
Hon. Wm. B. Tlemmons of Amnrillo
and TnKey A. Fuller nnd John F. Clark
of San Antonio were among the arrivals
tonight. They chatted and .joked . with
the chief executive but did not once re-
fer to political conditions. Judge P!em-
mons is en route to Tyler and Messrs.
Fuller and Clark are here on private bus-
iness. Mr. Fuller will qualify as first as-
sistant in the office of Attorney General
M. M. Crane on January 1.
Edward T. Burnett of Granville dis-
trict attorney for the counties of Hunt
I Hopkins and Rains was another free
' silver democrat who made a pilgrimage
1 to the city today.
AWAITING THE BUGLE BLAST.
Dallas Tex. Dec. 19. (Special.) Gen.
W. L. Cabell returned from Honduras
Friday. He was asked for an expression
I on the Cuban nuestiou and said:
I "I am not n fillibnster and don't believe
1 in that sort of thing. I am waiting for
Grover to sound the bugle and then I am
ready for action. As old as I am I am
not too old to respond if my country
sounds the call to arms nnd will lead a
regiment to battle against the soldiers of
Spain to wrest from that monarchy the
island of Cuba."
) TO SUCCEED ROSSER.
j Terrell. Tex. Dec. 19. (Special.) It
is officially announced here that the board
or malingers or me Aoim icxas asyiuni
for the insane have decided to elect Dr.
D. L. Gaillard superintendent of thnt in-
stitution to succeed Dr. C. M. Rosser
resigned. Dr. Gnillnrd is at present first
assistant physician having been appoint-
ed from Greenville.
INTERNICINE TROUBLES.
Madrid Dec. 22. An official denial was
published this evening of the report cir-
culated by the Correspondencia thnt the
gen d'armes have dispersed a small tev-
olutlonary band which had been organized
near this city. ' . .-
'a
I
THE APPROPRIATION NECESSARY
FOR THE NEXT TWO
YEARS.
VARIOUS SrAlEOfFICIIILS' REPORTS
State Health Officer Sweanngen Wants
an Expert in Microscopy and Chem-
istryCommissioner Baker Wants
More Room.
The estimate of appropriations deemed
necessary for the maintenance of the
state government for the years ending
February 28. 1807 and 1890 is as fol-
lows according to Comptroller Finley's
report which is just out:
Executive office mansion and grounds
Department of state ( ...
Comptroller's office.
Treasury department ..!.'!
General hind office
Attorney general's office '. .'
Court of criminal appeals
Supremo court
Department of education.. '..."'"'
Kn.liond commission
Department of agriculture statistics and
University of Texas and medical branch.
Court of civil appeals First district. ...
Court of civil nnnnnlH ...n.l lic(;.f
Court of civil appeals Third district
Court of civil appeals Fourth district. .
Court of civil appeals Fifth district
Judiciary department.
Pensions. . .
Public debt
Relief of liquor dealers
State ornhnn nsvliun. .
State lunatic asylum.
Southwestern insane asylum
North Texas insane asylum
Bimd asylum. ...
'nu UJMi umiiim Itsyilllll
House of correction nnd reformatory.
....... . rilf.rt'.W (HI
Quarantine department 33 (KK) (K
Deaf dumb nnd blind asylum (colored)'.'.'. !'.'. "" h'MVHl tin"
Nim Houston Normal institute
State penitentinries
Agricultural and Mechanical college
Prairie View Norma! school
Adjutant general's department j
Public printing. .
Public buildings and grounds
Totals
In the mntter of the adjutant general's
iflice $25000 is asked each year with
A view of having n state encampment.
STATE HEALTH OFFICER.
State Health Officer Swearingen's re-
port for the years 1895 and 1890 was
issued from the press yesterday:
He reports that the state has been won-
drously free from any cohtagious disease
during the past two years.
Barring the small pox camp at Eagle
Pass iu July 18!)5 made up of negro
refugees from Mexico there has not
been a single ense in the state. lie also
roKrts that the state has been' free
from yellow fever.
Dunns. November 1895 scarlet fever
uiauc us appearance among the Bohe
mian and German settlers in Lavaca
county but no serious epidemic was re
sultant.
Touching on the diseuse of consumption
ho says: . .
Consumption is now known to be an
Infectious disense and it should prop-
erly be embraced in the list of quaran-
tinable disenses but the public sentiment
at preseut would hardly tolerate the in-
novation. Experience has demonstrated
that much may be done by the measures
known to sanitary science to limit the
spread of infection and greatly lessen
the ravages of the disease. In some
states laws have been enacted looking to
this end nnd in others boards of health
are active in enforcing preventive meas-
ures. ' .
He suggests that in addition to the
usual appropriation of $33000 for the
quarantine department $2000 per an-
num be appropriated (or so much there-
of as may lie necessary) to employ an
expert In microscopy and chemistry to
make . analyses . of ' suspected polluted
waters nnd . bacteriological! examiner
tions' w henever in the judgment of the
stute health officer such examinations
are deemed necessary to protect the pub-
lic health. '. . f . . . . '
The great nnd constant advances In
science of preventive measures against
epidemic diseases imposes this require-
ment; and without it no health depart-
ment is thoroughly equipped to perform
the responsible duties that devolve upon
It. Such addition to the staff f the state
health department. .would .greatly widen
its scope of usefulness.
THE LAND OFFICE.
In his report for the period from Sep-
tember 1. 1894. to August 31. 1890. Land
Commissioner Baker reports the amount
Of fees at $1015887 and patent fees at
$13919.97 making .the total $24078.75.
Itr nlsn renorts the receint of S2S.942
during that period and the recompilatiou
of the maps of thirty-one counties und
the reconstruction f the maps of twenty-
four counties. . . - .
Toueb'ing on the matter of depositions
be said:
'The irrent demand on this depart
ment for the depositions of the commis
sioner forcibly presents a ueiect in un-
laws which ought to lie supplied. The
great demand upon the commissioner to
testify in the ninny cases presented to
this office by interrogatories on the de-
mand of nrivate litixants imiioses a work
on him which iH impossible for him to
perform and ut the same time utienu
to all the other duties imposed upon him
by law. Thus his public and official
functions are converted into those of an
universal witness for private parties.
'I would suecest that laws tie passed
providing thnt when interrogatories come
into this office directed to the commis
sioner that no uetnu an expert ciem
win shall answer them and . swear to
their correctness himself and that the
commissioner lie only required to certify
as to the qualification of the clerk an
in the ease of the Spanish translator; and
that depositions so answered shall be
as competent testimony as if sworn to
by the commissioner himself.
The work ot answering lnierrunuio-
ries requires about hnirtne time oi one
clerk fur which the state pays a salary
without any compensation wnniever.
Tlust deiiositions are taken at tne ue-
fminil of nrivafe litiinmts. and in most
cases certified copies ot tne papers uuu
maps on file in this office for which a
fee is nlrendy provided would answer
every purpose. It is manifestly clear
that the parties demanding depositions
should lie required to pay for the time
so occupied by clerks In this department
when the state is not a party. I would
juggest. tnereiore. iubi iue miirmmiu
provide fee say at the rate oi $5 per.
nirffest. therefore that the law.snouia
1896.
DETACHED LAND SALES.
Of sales Illegally made under section
22 of the act of 1887 and amendments.
which have been held to be illegal under
the celebrated Liberty county cases there
have been 183883 acres on which was
Pn'd In first payments and interest $17
029.77 forfeited for uou-paymcnt of In
teres t: 22.809 acres on whiph nn;.i
In like manner $1381.20 relinquished by
deed to the state; 21(HH seres on'which
was also paid $3558.48. canceled bylhis
uuito mig tiu.iiiiu acres on which in like
manner has been paid $50055.44 which
are now in good standing as to accounts.
It is absolutely Important that these Inst
nines Kiiouiu tic validated without delay
or an appronriatioo ' it Iran thnn iw .
000 be made to refund to the purchasers
me uuiuiuii paiu oy mem lu good faith.
Seventy thousand dollurs is estimated as
necessary because we have not been
aoie.to examine all tiles of sales made
miner tnese acts tor want of time. And
Besides large amounts of moneys will
again this wluter be paid by the pur-
chasers to prevent forfeitures of i their
saies tnus increasing the amount paid
in. If no consideration is to be shown
to those who suffered their claims to for-
1898.
$22800 00
10410 00
(17.280 00
21.010 00
05.070 00
15110 00 '
21.200 00
21.290 00
20.010 00
27.290 00 '
19.710 00
42(1049 IMi
14.0(H) 00
1.899.
$19700 00
10210 00 -(15.780
00
24.010 00
(15070 00
15.110 00
21200 00
21.290 00
19510 00
27.290 00
19.710 00
07081 ftlt
14.000 00'
13710 00
1.1.700 00'
. 13.480 00 .
13310 00
CSK.000 00 '
58050 00.
224420 20
100(10 00
29270 00 '
121.285 00
history.
14270
11480
115(10
13.710 00
00
00
00 '
680.000 00
58.950 (10
224.420 20
10.000 00
48.270 00
233485 00 '
'" 234')()0 00
172 HiO (Ml
::: :::: "tww
iiQ.040 oo;;
1(131110 00
40447 00
57290 00
33 l() 00
48.230 00
3.1000 00
17.910 00
29500 00
71000 00
30500 00
39510 00
55.370 00
33950 00
22400 00
09.790 00'
33.340 00
5(1.393 (X)
29500 00
71 (KM) (1(1
138000 00
39550 00
55470 00 ;
.11 t-.i fii
..'.'.!.".!.'! 2!M(iO 00
.$3172451 1 $2304193 1(1
felt because of the decision referred to
(although it does seem that they should
have some relief) then surely in the
absence of appropriation to refund there
snouiu ne no objection to tne validation
of these snles.
CONFEDERATE CERTI FICATES
The records of this office show that un-
der the act approved April 1) 1R81 2008
alternate certiticates or 12JSU acres each
were Issired to confederate Soldiers ag
gregating t)47(HO acres for Individuals
and a like amount for the school fund.
Seventeen hundred and twenty-six of
these certificates were located and re
turned to this office aggregating 8941:
41 acres of which for Individuals.
there were 1979852 acres' and for the
school fund 10015(55 acres. Of the In
dividual surveys 1549001 acres have
been patented.. Of the school lands 98-
U4d acres have been sold by. the state
out of which 42300 acres have been for-
feited to the state leaving 50339 acres
sold the accounts of which are In good
standing the balance of these -confederate
certificates 342. not located.. OKKrc-
gating 437700 acres are now barred by
limitation. Of the locations made about
bo per cent are uot contiguous.
Under the decision In the case of von
Rosenberg vs. Cuullar 80 .Texas n. 249.
all locutions of the certificates not made
so that the location of the individual cer-
tificates was contiguous to the alternate
school location were held to be illegal.
In the case of Smith vs. MeGaughcy
87 Texas p. 01 tlfe court sustained the
mandamus writ and pointed out how
the illegality referred td in theformer
case might be cured. The . suggestion
in the Smith case was that the commis-
sioner should seeetf after a ' division
what survey or part of survey should be
1 f.l L. f '..I' r.' j .1 f V.
iiem ur uie scnwi xuuu. 1 . .' '
I A critical examination of the statutes
with the aid of the attorney general dis?
doses the fact that there was no law in
force uuder which tlfe surveys might be
divided and surveyed nor; atiy appropria-
tion made to pay expenses " for making
such division and selection by the com-
missioner. It is suggests : therpfQre
that provision lie made f.o' meet the sug-
gestion in the Smith' case. ' Iri view how-
ever of the fact that all of the Individual
surveys except 430851 acres have been
patented and large; quantities of .these
lands have iMtssed into the hands of rtv
mote arid Innocent vendees and In view
of the fact that the state shunld make
valid her patents nnder the great seal of
the state .when it can be. dope without
injury I am Inclined to the opinion that
uir-m: nui yrjn uuu Mll-UIN nilOulU IH? Vali-
dated under proper restrictions and ex-
ceptions. . . i (.-: . ! . :
I herewith append statement of account
of O. N Holllngsworth o-receiyer
showing the total amount due by him to
the state together with a statement of
patents delivered and charged to said
account ns provided for under the act
of April 28 1891 and the amount refund-
ed to individuals as provided for under
the appropriation net of Moy 3 3895:
To credits to various parties
as per ledger ..... ....... .$10554 55
To cash turned over to his '
successor ' 115 80
To actual shortage
..$10438 75
To patents delivered
and
charged to k-dgcr
To cash paid depositors ....
To credits as wr corrected
$3421 00
. 29(1 04
ledger due individuals .... 6836 01
Total
.$10554 55
This last act was so worded as to ex-
clude all creditors of this account from
receiving nny moneys except those who
had deposited moneys for patents when
patents could not. issue. I see no rea-
son why preference should be shown this
class of creditors over olhers and I would
suggest that an appropriation be made
to refund the several amounts to all per-
sons who may demand same and to au-
4hfktiv tlm mneiver tn riH'ofFnize thestt
credits as valid in all cases where the
Individual depositors do not wish to with-1
.t.n. 4l. .....nt If hia antrffeiftinn tH
liruw lilt- niuuiiui. . -f!- -- .
concurred In then I would suggest that
the law be so worded as to protect these
creditors against exorbitant fees cnargea
by collecting agents.
A MORE CHEERFUL VIEW.
Madrid.. Dec. 21. (Copyrighted 1896
by the Associated Press.) There can be
no doubt that the Stwnish press and pnb-
n uu ... . . ----
lie take a much calmer view of the at-
titnde of the United States towards tlu
umre ne expressions" or r -'
heard In government circles aod the
Views mibliMhod In Ih. .
InBnlred by members of th envem
are especially optimistic today. Thl';
is In a larg part due to dispatches rev"
ceived from Senor Dupny de Lome. thJ-'
Spanish minister nt Washington giv- '
Ing the' view of Mr. Olncy as to tW
powers of the president to ignore that
behest of congress for the recognltkm
of a new government and the.presir'
dent s contention thnt no government hW
----- -----.-.-...v.. u uuunt i" li.Ki-lat-'
- uar c"1 J'1? frndly Intervention
witn the Spanish government was eoa-
cerned it lay in the nower nt !thnt Wl- I
ernment to decline overtures to that end.
Ino mood of optimism of ministerialists
today goes beyond President Cleveland's
w T'. "nee they express the view that
McKmley will follow thn
ward Cuba as President Cleveland s
dune.
1 SIDINGS AND SWITCHES.
The lanre' bodies of lnml nwi -
the state ln several cases brought
Attorney General Hogg nnd yourselO
while attorney trenprnl : In Diu.n. . J.r
: . - Ruir
-""-" -arB iinc not yielded and';
are not yet yielding any moneys to thai
school fund because this ofiiee hns not
had any appropriation with whlnh
cure certified copies of the judgments f
recovery except in the case of The Ststrl'
of. Texas consolidated Nos. 84 and 110.
f ;nB'ui unrnsmirg ana min
Antonio RallwSV f!min. rwrnrlno- R7-
040 acres of land which wasWnlshcd
oy anat company in order to have Oiem .
taken off the abstract nml tn ho rolL. '
of the tax charges agninst the company
Nor has there been any legislation Miok
Ing to. the disposition of these lands t
call these matters if r attention fori
proper to make. --'..J
such recommendations as you may see"
LAND. OFFICE BUILDING. ;
If it shall be determine! thnt thn .'-1
chives and the business of the land .de-
partment; shall permanently continue it'
the present office building then I would'
specially call attention to tht noookaitJ'
of additibnnl room. The nreseut crowdM 1
condition of the office and rapidly In-'
ctensing number of files titles lettenS"
records and maps suggest a most har-
rassing cofuslon within the next twW
years unless additional room bo provided
by the present legislature and I moat'
respectfully luvite your suggestion in this
milter. . . .
A RUNAWAY.
IjihI afternoon nhnnt ft '. .'.
driven by Malcolm Dunn became fright- '
cned on West Sixth street nnd ran away.'
Colliding with a telephone post Dunn
was thrown violently to the ground add'
badly bruised up. The wagon was alto
rather badly smashed but thi . h
escaped with some few cutsi ' While'
Onll on Frank O. Babcock for Aunt"
Jemima's Pancake flour or anything else
In tlio nl II.. v..... l .
... .v.i.w. 1117 vw HUUUB i .
FEDERATION OF LABOR.
Cincinnati. Dee. 21. Thero mi nnt
small atendanco at today's session of the
American Federation of Labor man'
members having left the city.
Resolutions were favorably ' reported
that no official of the association should
be allowed to affiliate or nnrheiiuitn with"-
any political party. Adopted yeas' 37;'
uujn.i. i ' j i . r ' ' j iJ.V
At the afternoon session the report of
the special committee on liiiiniirmtinn
wus read. " Instead of reporting a ' bill;'
It recommended that the Iidge bill now
pending In congress be passed and that
this be the recommendation of the Amer
lean federation of congress nnd the pre-'
Went. The report was adopted. Ad-
journed until 7:30 tonight. . . . '
TRAIN DITCHED.
Danville Junction. Maine. -TW' 21 '
Truin No. 71 on the Grand Trunk rail-
road was derailed at a point about two
miles below the junction today and throe
cars were partially wrecked. 'Three
passengers were hurt but not fatally' J 1
HAD HIS DOME CRUSHED IN.
Little Rock. Ark. IW 91 tuo. Plat..
beln was found dead in his htore this.'
morning nt Fordyce Ark. His skull Was
(rushed in. He was evidently tnirrilomJI '
daring the night by robbers.!1 The town.1
m Krvuujr cxuiicu uuu me murderer will
be lynched if captured.
RURAL RESIDENCE BURNED.
Tyler. Tex.. Dec. 21.-48nedul.WTh. .
residence and contents of !. Wclton tea
miles from town burped yesterday. Loss;'
about $4000; no Insurance. ' 7 1 1 Tr? '
i '-
TEXAS TRAIN WOBBERY.
Snn Antonio. Tex.. Dec. 21.-8neclLV
(News has been received here of 'Wie
hold up and robbery of a Southern Pa-
cific westbound passenger train one-half
miles west of Comstock a small station'
200 miles West of Baa Antonio! abdnt 10
o'clock last night. The robbery was dope;
by three masked men and . While one
Stood guard over the engineer and fire-
man 'the othe"r two entered the WelW-
Fargo Express company's car and;sfr;
cured .three 1 local packages of the toty
Value of $70 . n inoffoctunl stemnt '
Was made to open the through snfe:' Tie''
sheriff of Vol Verdo' county with a jjosse'i
pf men and a detachment of Texas ran
feers have gone in pursuit of the robbers1
' YOUNG TURKS RESTLESS.'"''""
Berlin. Dec. 21.-A disnnteh ta the
Frankfurter Keltung from kiiHtantlno-
pie today says that a rising ot tne
Turks party is feared there. The- dis-.
patch also says that fifty young Turkish"
officers have escaped arrest by-fleeing'
from the city and that a number of army
officers of high rank huve been takenitb
the. Yildis palace to be tried by court
martial.. ..'-' ' '"
At the palace. If is further stated the
usual precautions for the safety of th?
sultan have beep doubled and every .sus-
pect approaching the palace Is arrested.'
OBSCENE LITERATURE CASE. ..
Washington. Dec. 21. Areuments were
heard in the supreme court today In the
proceedings of the government vs. John''
It. Dunlop' publisher of the Chicago Dli- '
patch charged with sending obscene lit J
trature through the mails. He waa sen-
tenced to imprinonment for two years"
and to nav a fine of $2000. W. R. For-1
rest and ex-Attorney General Garland ap
peared for Dunlop and Attorney rjenerai
Harmon for the government jbe court
took a recess tint if January 4. ' '
HER MAJESTY IN TEXAS.
El Paso. Tex. ; Dec. 21. Ex-Qneea
Jliuokalnnl of Hawaii passed throdh
here today ca the Sunset limlwd en
route to Washington.' She Is aecbm'pa-
ied by her maid a very diguitioa. anu
stately matron. tne ex-queen reium-u
to be Interviewed but npiieared to enjoy
lu.lnir utfireri nt liv (bp hie
big crowd -ot cn-
rinus people who assembled at the depot.'
She is a bright mulatto nnu tries u n
very haughty and queenly.
FEE BILL EVANS. '
Dallas. Tex. Dec. 19. (Special.)-I anj
for a fee bill this winter first last and
- --; ii
all the time remarked Hon.
of Van AMymv Two yea
a. i . tuui
rs . ago we
made a fiirht for this rerorni nm wc
defeated. The Twcnty-ntth legislature
will make a better record. Another tlunB
I favor is a text book law with JJi
of text booK 'miners to be ;Pp'
bv the governor. It wll result in-a sat-'
ing ot thousands of dollars annually U (
the patrons of the. schools. v j ..;"n.
: k ! '9ri; ..- t .: -
10 wtw jiuvrvsis uie w "r1"!""1 -r-.
I ' ' . .. . .' - ? ' i'
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Austin Weekly Statesman. (Austin, Tex.), Vol. 26, Ed. 1 Thursday, December 24, 1896, newspaper, December 24, 1896; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth278831/m1/3/?q=gammel%27s+law+of+texas: accessed July 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .