The Daily Express. (San Antonio, Tex.), Vol. 43, No. 107, Ed. 1 Thursday, April 16, 1908 Page: 3 of 14
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THE SAN ANTONIO DAILY EXPRESS: THURSDAY MORNING, APRIL 10, 1B08.
BASEBALL RATE
IS TAKEN UNDER
ADVISEMENT
Majority of Railroad Commission
Is Apparently Against Grant*
ing tbe Application.
RAILROADS CONTEND
THE RATE IS ILLEGAL
Dally ExTrpfs Austin Bureau.
AUSTIN, Ti'x., April 16.-Tli<> Railroad
Commission, after an all-day hcarlnR.
took under advisement thu application of
the Toxas Baseball League for a rate of
lty cents a mile, as amended in accord-
ance with qualifications set out In tho
body of this account. The application
wits exhaustively arjrMed, the railroads
contending that the rate provided for Is
illegal and the baseball men claiming
that It 1b not Illegal nor unjustly dis-
criminatory, and that It Is within the
province of the Commission to order it.
Several railroad men present declared
that they would agree to the rate If It
■were declared legal. A majority of the
Commission la apparently against the ap-
plication, while Commissioner Colquitt Is
the open champion of the principles on
which It Is predicated.
Representing the baseball Jeaguo was
John K. Onion, Dr. W. Robbie, Morris
Block of flan Antonio; W. P, Allen of
Austin; Morris Koppeil of Galveston and
others. For the railroads: George K.
Lupton of the ArdJiea-s Pass, W. G. Crush
of the Katy, T. J. Anderson of the Sun-
set. J. F. Lnhane of the Cotton Relt, D.
J. Price of the International St Great
Northern and others were present.
The Commission ended the present term
today. The matter of recognizing the
Phreveport, Houston &. Gulf went over
until next week.
Onion Files Amendment.
Mr. Onion asked permission lo file an
amendment to his original petition, pro-
viding for a rate of l',4 cents or 2 <ents,
Jn the discretion of the Commission, In-
stead of lVa cents as originally sought;
to Insert the words "without baggage '
In the explanation of the transportation
desired; to eliminate fifteen and make
the number in each team fourteen men;
to designate the period during which the
■chedule will operate as five months, be-
tween April and October; to make the
maximum mileage to be traveled by
each man 4SOO miles, and the minimum
3S00 Instead of 4300 miles. Following this
Mr. Onion entered into an argument of
tlie casu.
He said that the application was prac-
tically that of a party of fifty-six per-
?ons, as hulf of the 112 men comprising
he league would be continually on the
road. "This." said Mr. Onion, "is a
mutter of Judicial knowledge of at least
two members of this court. (Smiles
and sotto voce remarks concerning cer-
tain members' penchant for paseball.)
Mr. Onion set up that the maximum
mileage to be traveled will be 497,1(82
miles, and based his argument chiefly
upon the light of such extensive traffic
to be accorded a rate of l1^ cents a mile.
He raised the point that the ommlsslon
has granted the application of the rail-
roads for a similar rate for the trans-
portation of such persons even as are
permitted by the antipass law to be
transported free.
Exhibits Ate Introduced.
A quantity of exhibits, representing
numerous applications that the railroads
themselves had made for rates as low
and even lower than 1% cents a mile,
which had been granted, was introduced
as evidence and briefly explained and
commented on by Mr. Onion. Among
these rates was that of $1 a inile, which
was procured for a special train by the
Houston commercial organization. Ar-
ansas Pass rates of lvi cents, made on
the road's application for but two per-
sons, were also emphasized.
Mr. Onion said that In a court of equi-
ty the railroads would be stopped from
contending that the rate now being ask-
ed was unreasonable, for they them-
selves. had granted such rates for one
person, and the baseball league desires
the same rate for 112 persons, who will
travel nearly half a million miles in
five months.
Mr. Onion referred to the opinion by
the United States Supreme Court in the
case of the Interstate Commerce Com-
mission against the Baltimore tir Ohio
Railroad, which has been frequently
mentioned In the discussion of this gen-
eral principle. In that opinion the court
defines discrimination and unjust dis-
crimination. Discrimination is necessary
In the operation of a system of rates,
and only unjust discrimination is pro-
hibited. Mr. Onion then entered Into an
exposition of this question, saying that
if any party similar to that of the base-
ball teams would follow the route pro-
posed by them, it should be entitled to
the same rate, but no similar party
»honld have the same rate If it were
tnerely traveling between San Antonio
and Austin. Circumstances and condi-
tions enter Into the determination of
such a question.
Argues It Is Not Unjust.
Mr. Onion said that the league is ask-
ing for a rate of l'/i cents a mile for
one man, who Is to travel nearly 500,000
miles; this, of course, in effect. He re-
cited the rebate that is given the holder
of a credential book who travels 2000
miles, and showed that his application Is
but an amplification of this authority in
view of me number of miles to be trav-
eled and the number of persons travel-
ing
The Commission agreeing that it is
only unjust discrimination which is un-
lawful. Mr. Onion directed his attention
to argument to show that It Is not un-
just discrimination to grant this rate to
Hie
Hollow Bones
of the arms and legs are tubes
like a piece of jas pipe. The
hollow centre is filled with
soft red fatty material called
marrow. This is the place
where new red blood is made.
Scott's Emulsion
feeds bone marrow. The rich
(at and the peculiar power in
SCOTTS EMULSION jives new
vigor and new nourishment
That is why pale people improve
on SCOTT'S EMULSION. It has
the power to produce new red
Hi. ami $1.00.
th* baseball teams which comprise 112
innn, who travel -U*7.ss2 miles In five
months, which Ik the question the Com-
mission apparently thinks necessary
decision. lie referred i<> all eonCfHslons
that are granted by tin* railroads in vie w
of long mileage and large numbers of
people, showing that th«- league should
be accorded the rate asked by virtue of
the principle with which the railroads
comply readily in analogous instances.
Not Like Firemen's Application.
Morris Kopperl of Galveston ha id that
this request does not come within the
same category as that made by the fire-
men when they desired to accept the 1 •
»ent i mile rtti otti red by the roads
for the exclusive use of one chief and
one delegate from cacti town ufiiliuted
w 11 h ths State organlsai on. Tht i • t<
Itsked for by the baseball league is t«» bo
open to the public, said Mr. Kopperl, m
the event the public complies with the
same conditions that circumscribe the
granting ol' this rate, if granted. In
othep words, any party of fourteen per-
sons traveling 4*0o miles in five months
in the year should benefit by this rate.
Tho rate is unaiugous 10 the theatrical
rate, continued Mr. Kopperl, but the ap-
plication of its principle is by far more
extensive owing to thw great travel. He
cited the granting of buch rate by the
railro'ids In former years, saying that
it was not until 1907 that it was abro-
gated. What was not unjust discrimina-
tion then, should not be considered such
now.
Chairman Mayfleld here announced
that the commission would adjourn for
the term at 4 o'clock, and that all cases
undisposed of would go over until the
next term Noon recess until - o'clock
was then taken.
Mr. Onion continued when the commis-
sion resumed. Me analyzed the nntl-
ji »ss law in the effort to show that noth-
ing therein contained may he construed
as diminishing or abrogating the vested
rights of the commission.
Commissioner Colquitt elaborated on
the distinction which he draws between
the terms of the law designated as
"special occasions" and "special condi-
tions" for which and under which he
contends, the commission may sanction
rati reduction, ail of which exposition
has been frequently mentioned in these
dispatches. His explanation was lucid
and terse and brought smiles of en-
courajremtnt to th< mouths of the base-
ball advocates present, as each utterance
was a plea for the justness of their
cause. Mr. Colquitt reasoned briefly on
the question of the commission's dls-
cretlonary powers ^i th< effect ol the
antipass law on such discriminative
authority which heretofore has sanc-
tioned the commission's prescribing cer-
tain rates under certain conditions
Statement From Mr. Anderson,
T. J. Anderson, general passenger
agent of the Galveston, Uairisburg &
San Antonio Railroad, explained, in
answer to a statement by Mr. Onion
made earlier in the day, that the special
train for Houston commercial men car-
ried sixty-five passengers and that, al-
though a charge of 41 a mile only was
made, this revenue netted the company
cents a mile per passenger.
K- f< 11 |ng i" the statement rigarding
the relative volume of traffic produced
by the baseball league and the theatrical
companies, Mr. Anderson declared that
liis road nandles four theatrical circuits
which supply ten to twenty companies
nine months in the year and that the
traffic produced by them is far in excess
of that accruing to tho movement of
baselmil teams of the Texas League. He
presented a statement complied from the
Itinerary of ths league, gvhich, based on
the rate last charged, purported to show
that each club lost because of the higher
rate approximately $240. This was in
refutation of the insinuation that the de-
ficit sustained by several teams last year
was largely due to the excess transporta-
tion rate. About 17000 was the collective
amount of the losses sustained by cer-
tain teams of the league. Mr. Anderson
declared that If the rate now asked for
be made for the baseball teams it will
have to be made for all such parties of
fourteen that may applA In other words,
the making of this rat»«$iil1 reduce party-
rates to a new basis.
VV. G. Crush, general passenger agent
of the Missouri. Kansas & Texas, said
that his road secured the business of ths
Majestic Theater Circuit and that the
fare was paid by one man. His estimate
of the passengers handled was 15<)0 for
nine months and a mileage per capita
of 5000. there being fifteen persons in
each company. lie said that his road
would have to give this business the
baseball rate if It was given to the
league. He said that the theatrical busi-
ness amounted to more every week to all
the railroads than the baseball business
for the entire season. The theatrical
rate Is cents.
Would Establish Rates.
An interrogatory in the morning ses-
sion addressed to George F. Lupton, gen-
eral passenger agent of th Aransas
Pass, as to his connection with the
general defense of the railroads, coupled
with the remark that the baseball leagu-i
would give a bond not to ride on the
Sap, all being jocularly expressed,
brought a rejoinder from Mr. Lupton
that was pleasantly critical of the base-
ball men's attitude.
He y facetiously referred to the state-
ment that the Rap would not. be used as
a boycott determined through a trust
combination and directed against a
friendly corporation which had even of-
fered baseball trophies.
He declared that his road is not only
interested in the business accruing from
the movement of the baseball teams and
wants its share, but that the granting
of this rate will establish the rate for
every baseball .team of towns local to
the Sap. H»- said that if granted to the
league the rate should be granted to
drummers, and that they would have a
right to demand it. There are hundreds
of drummers on Texas trains daily, he
said, who travel far greater collective
distances than do the baseball teams.
Farmers and any other class of persons
could also demand the same benefits
that accrue to the league undfr this
rate. A class ruling, he said, should
extend to all. Mr. Lupton said that
he was not arguing against the rate as
a rate, but simply because ,he thought
the law prohibited its beltig granted.
Neither did he argue against the class,
but said that he wanted the travel at
lVa cents a, mile if the rate were legal.
Ready to Abide by Rate.
Mr. Onion then askefl why it. was that
not a railroad attorney was present if
the question involved was solely one. of
law.
Mr. Lehane quickly rejoined that the
oassenger agents didn't need them. Mr.
Lehane also said that as far as the Cot-
ton Belt was concerned that road would
abide by the rate if the commission or-
dered it made.
W. P. Allen of the Austin baseball or-
ganization said that the real issue in-
volved was: May the commission grant
this rate without unjust discrimination?
He said that the only discrimination
would be against the railroads them-
selves, if there were any. He entered
briefly into an exposition of unjust dis-
crimination. He also said that the rail-
roads did not avail themselves of all the
advertising privileges that had been ac-
corded by the baseball teams as a part
of the contract for recent reduced rates.
He declared that it appeared to have
been merelv a pretext. Mr. Allen said
thnt the Legislature divested the com-
mission of none of its authority and
that, as mentioned by one of the Com-
missioners. this anti-pass law Is being
used as a means to elevate the rat^s and
not reduce thew. Purh rate* have been
granted, he said, and he knows of no
way of deciding the justness of the
question than by past action, which was
not considered unjust then. Mr. Alien
created a laugh by saving that at Fort
Worth the railroads «ald they couldn't
art because of the commission, and here,
confronted by the commission, they plead
"revenue/'
A SACRIFICE TO SCIENCE.
PROF. ROBERT KOCH.
THE distinguished Herman scientist
whose great discoveries in tuhereu-
losin revolutionized the treatment of this
disease, is reported to lie in a condition
approaching nervous collapse in Chicago.
This condition is said to be the result of
his devotion to science, which led him to
make a two years' study of tho "sleeping
sickness" in equatorial Africa.
FUSION TICKET NAMED
IN MAVERICK COUNTY
CANDIDATES SELECTED BY COM-
MITTEE OF FIFTEEN CITIZENS.
Primary Will Be Held In Coleman
County, Each Side Bearing Share
of the Expense—Other
Political News.
Dr. Evarts V. DePew, Specialist.
Stomach «nnd intestines. Moore Bldg.
J. E. Faires at Smithville.
Special Telegram to The Express.
SMITH VtT.l.K, Tex.. April 15.-J. E.
Faires of Flatonia, Democratic candidate
for Representative of the Fifty-eighth
Flotorial Representative District, was in
the city today In ths interest of his can-
didacy. *
Special Telegram to The Express.
EAGLE PASS. Tex., April 14 —At a
packed meeting of the Citizens' Non-par-
tisan Convention, held at the court house
last night, the committee of fifteen ap-
pointed last week to select a ticket for
county officers of Maverick County with-
out regard to party lines made its report
and it wa» unanimously adopted.
The committee was composed of seven
Democrats, seven Republicans and one
Independent, and was made up as follows:
l)r. V. E. McFurland, \V J Nlggll, Louis
Ladnrr. J. A. Vann, William Hausser Sr.,
S. P. Simpson. Hamon Cnstanuela, R. F.
Vaughan. William Mollis. Alec Lyall, J. U.
White. Charles Hlelscher, Al. A. Switzer,
F. V. Blende and Joseph O. Boehmer.
The committee brought in a ticket com-
posed of five Republicans, one Indepen-
dent and five Democrats, as follows.
For County Judge. A L. Wallace;
County and District Clerk. F. M Lege;
Sheriff and Tax Collector, J. H. Williams;
Assessor. T San Miguel; Treasurer. E
W. Owen; County Attorney, 4'en V. King;
County Commissioners. J. K. Burr. J. W.
Shlpman. A. S. Dascomb and A H. Allen;
Justice of the Peace, Grif. Stone; Con-
stables. Pedro Rosales and Antonio Luna.
Speeches were made by Judge J. T.
Murray. A S. Dascomb. Joseph O. Boeh-
mer and John R Sanford The committee
of fifteen was made a permanent execu-
tive committee.
PRIMARY IN COLEMAN COUNTY.
Partisans of Opposing Factions Share
Expense—Cdell Speaks.
Special Telegram to The Express.
COLEMAN, Tex , April 15 —The Demo-
cratic ExftcutlVv? Committee of this coun-
ty met Tuesday and decided to hold pri-
maries on May 2, Bailey and anti-Bailey
partisans sharing equally Iri the expense.
Ex-Senator Odell spoke here Monday
in behalf of Senator Bailey to the largest
rolilical gathering that has been held
here for years. Ills speech was well re-
ceived.
POLITICS ARE ACTIVE IN BELL.
Both Bailey and Anti-Bailey Meetings
to Be Held Saturday.
Special Telegram to The Express.
TEMPLE. Tex., April 15.—The anti-
Bailey campaign committee has appoint-
ed chairmen for thirty out of forty-three
voting boxes in Bell County and the re-
mainder will he announced tomorrow.
W. L. Crawford of Dallas will speak
at City Park S&turdav afternoon. At
the same place and oW the same date
L), W. Odell of Cleburne will speak in
behalf of the Fort Worth ticket. These
are individual appointments and neither
side has as yet agreed on a joint debate.
Primary Ordered in Concho.
Special Telegram to The Express.
PAINT ROCK, Tex., April 15.-A pri-
mary election has been ordered to be held
for Concho County at this place on May
2 to elect delegates at. large to the Na-
tional Democratic convention.
Kerrville New City Officers Qualify.
-Special Telegram to The Express.
KERRVILLE, Tex., April 15.—The city
officers, recently elected, fjualified last
night. The following were installed: H.
Remschel, mayor; T. F. W. Deltert and
Dr A. A. Roberts, aldermen, and J. P.
Grider, marshal. Mayor Remschel order-
ed a special election to be held May 2
for the election of two aldermen to fill
unexpired terms of Aldermen B. A
Davey and W. E. Williams, who were
members of the old administration and
who resigned.
Judge Fly Endorsed at Floresville.
Special Telegram to The Express.
FLORESVILLE, Tex., April 15.—At a
meeting of members of the bar today
a resolution was adopted endorsing
Judge W. S. Fly as a candidate to suc-
ceed himself as Associate Justice of the
Fourth Court of Civil Appeals, San An-
tonio.
Result of Wharton Election.
Special Telegram to The Express.
WHARTON. Tex., April 15.~The city
election for a mayor, marshal, secretary,
attorney, treasurer and three aldermen
yesterday resulted in the election of J.
W. Teauge, W. W. Dawson. W. W.
Armstrong, H. J. Bolton and A. H. Arm-
strong, J. C. Aschenbeck and J. T. Bol-
ton.
Eugene Nolte Back at Seguin.
Rpoclal Telfgnim to Thp Express.
SKOl'IN. Tex., April IS.—United States
Marshal Kugene Nolte returned from
Dalian today, where he attended the
meeting of the Republican State Execu-
tive Committee, which complimented
Roosevelt and endorsed Taft.
LIFE INSURANCE
CASE ARGUED IN
SUPREME COURT
It Is That of Kansas Cily Conr
pany Seeking Construction o(
Gross Receipts lax Law.
30 CASES IN THIRD
COURT OF APPEALS
Dally Express Austin Bureau.
AUSTIN, Tex , April 1> —There was
argued and submitted In tho Supreme
Court today the mandamus • use of the
Kansas City Life Insurance Company vs.
T. B. l»ve( Commissioner ot Insurance,
James II. Robertson app« ,ir»il for the re-
lator, and Judge Claud< l'ollai.
Assistant Attorney General, for the Com-
missioner. Commissioner Love also
made an argument.
The insurance company is seeking a
construction of the gross receipts tsx
law in connection with the Robertson
investment and deposit act. The com-
pany has the required amount Invest?
in Texas securities, but will not deposit
them in Texas because of laws In the
State of Its domicile The gross rec eipts
tax law impost's J per cent on gross
premiums of companies lailinK to com
plv with the Robertson law, and only 1
per cent where they obey said law. This
company insists that its tux is 1 per
cent for 11*07, and t at it It is not 1 per
cent, then it is 1 per cent until the new
law became effective on July 12, and
the higher tax thereafter.
The case is regarded as one for tho
purpose of securing a construction of the
tax feature of the tw<• laws mentioned,
in connection with the fixing of the
status of certain life companies A de-
cision is expected In th» next week or
two, that Is, either next Wednesday or
the Wednesday following.
BUCKLEY WILL GET HIS LAND.
Writ of Mandamus Awarded by Su-
preme Court.
Daily Express Austin Bureau
AUSTIN, Tex., April 15.—The Supreme
Court awarded a writ of mandamus in
W. F. Buckley et al. vs. J. J. Terrell,
lxind Commissioner, directing the latter
to reinstate the former award of eighty
acres purchased by Buckley and an-
other.
Buckley et al. had bid on several
tracts of school land, depositing the Hist
payments for several of them. Pome of
ths Mds were unSucoe sful and wen
Jected. but the money remained in the
State Treasury, though Buckley was en-
titled to have it returned immediately.
He then bid on an isolated tract of
eighty acres, which requires all cash,
and deposited sufficient money with the
State Treasurer to be added to that al-
ready deposited, to 111 ike up th»- whole
amount for the 80-acre tract. The Land
Commissioner awarded the eighty acres
and subsequently cancelled it. because
there was not sufficient money in the
Treasury to pay the amount of the bid.
thereby refusing to take cognizance of
the amounts first deposited as first pay-
ments on bids afterwards rejected.
The court holds that as no adverse
right had Intervened. Buckley was en-
titled to have the land awarded, though
not all the Justices agreed on it. but the
opinion does not say which member of
the court dissents It men says that
they are agreed that since the money
was up and the rule of the Land Office
is to return money immediately where
bids are rejected. It was error to cancel
the sale at a subsequent date.
HEAVY DOCKET IN THIRD COURT.
Thirty Cases Are Submitted Durihg
Lengthy Session at Austin.
Daily Express Austin Bureau.
ACHTIN, Tex., April 15.—The Third
Court of Civil Appeals today had a
lengthy session, at which thirty cases
were subniuted.
Among the opinions delivered this
morning was one affirming Missouri.
Kansas & Texas Railway Company of
Texas vs. W. J. Malone, carrying a
judgment for $4000. Malone was walking
on the right of way and was struck by
a train. It appears that it was on a.
down grade* and that the train was roll-
ing by gravity and the engine was not
"working steam." This made little
noise and Malone was run down and In-
jured. The court says $4000 was not ex-
cessive.
In motions to strike out statement of
facts and dismiss appeal «n C. 1«\ Peo-
ples et a I vs. Fannie Evans et al.. th<»
court granted the first and overruled the
last motion. The statement of facts is
stricken out because it was not prepared
In accordance with law Ths grounds
for dismissing the appeal were that ap-
pellant's briefs were not filed in the
court in proper time. This is overruled
by the court, the court holding that the
statutes are rigidly enforced as to filing
briefs only when an injury would result
to appellees by delay in filing. In this
case the court says that reasonable time
is allowed the appellants to file their
briefs and that when filed there will be
plenty of time for appellees to answer
sajne before the case can possibly be
submitted. That motion, therefore, is
overruled.
The Galveston-BrownsYllle line differ-
ential case was not decided and could
hardly hare bem, since it has been un-
der consideration but a week. A decis-
ion is possible for next Wednesday, the
22d inst.
PASS CASE IN SUPREME COURT.
1 —
Right of Express Company Employes
to Ride Free Involved.
Dally Exprrss Austin Bureau.
AUSTIN". Tex., April 15.—Thorp was
submitter! in the Supreme Court twiny
the two r-ases from Harris County, Gal-
veston, Harrisburg & San Antonio Rail-
way Company et al. ami Ouif, Colorado
& Santa Fp Railway fompony et al. vs.
Wells raw KxpreBS Company, involv-
ing the validity of contracts for passes
for employes of the express company.
The express company brought suit for
specific performance of contract to com-
pel the issuance of passes for their em-
ployes under the contracts. The defense
of "the railroads was that the antipass
law of the Thirtieth Legislature forbid
the Issuance of such passes, notwith-
standing tho contract.
The trial and the Galveston Appellate
Courts decided In favor of tho express
company, holding that the contracts
were valid'and could not be Interfered
with, since they antedated the pa.siigi;
of the antipass law.
The Supreme Court granted writs of
error In both cases, Inclining to think
that the antipass art forbids the Issuance
of the passes mentioned. It was on
these points that the cases were elabo-
rately argued today. It Is a test suit,
and will fix the status of express, tele-
graph and telephone employes.
Third Court of Civil Appeals.
Daily Express Austin Bureau.
AUSTIN, Tax.. April 1£—The follow-
—</>
"IT PAYS TO BRING THE MONEY."
Once There Was a Marv
Who Changed His Mind
To prove—as Murk Twain remarked—that he had one. Perhaps you
are still clinging to the opinion that credit stores sell as cheap as we do.
Perhaps you ingenuously believe that consummate garments are still to
be had by waiting long and paying much. Perhaps you would like to believe otherwise.
It you'll call at this store you'll be another man to change your mind—and you'll change it
quickly.
$40.00 Suits. Cash Price $33.00
SV>.00 Suits. Cash Price $29.70
$32.50 Suits. Cash Price $26.40
$30.00 Suits. Cash Price $23.10
527.50 Suits. Cash Price $21.78
$25.00 Suits. Cash Price $19.80
$22.50 Suits. Cash Price $18.48
$20.00 Suits. Ca^sh Prico $16.50
$18.0 0 Suits. Cash Price $14.52
$15.00 Suits. Cash Price $11.88
SEE OUR SHOW WINDOWS.
The Cn
Clothic
ra.h Aaron Frank Clothing Co. Houston St.
Ing prooeidings wete hud today In the
c'uurt if Civil Appeals Third District:
Affirmed II. >1 Spuldinu ot nl. v®
A D. Aldri'lRt et ul , from l'Mlltm Coun-
ty; Missouri. K«ph;ij4 & Tvxam Hallway
Company of Texan v*. \V. J. Malone,
Hunt.
KeverH'rt and reminded: .1 K Stone et
a i vp. Mary v Wolfe, from McLennan
County.
Affirmed on certificate: Paul J. Thomp-
son \t* Mrs. Alice Thompson, from Mi-
lam Count v.
DfcimtPHf><l for want < f prosecution: W.
M Joseph vs. M W. Gardner ot al., from
Williamson County
ReheortnfH refused: \V. L* !>oak et ul.
vs. T. T. Moore ft nl . from Bell CouiTty;
Han Marcos Telephone Company ot al.
\p Mrs. M A Compton ot al . Hap,
(to correct Judgment). Frank Mueller
et nl. vp Walter Ueldeineyor et rl , Co-
mal; Enrly Poster & Co vp. C. L. D.llr.rd
& Co., McLennan; Missouri. Kansas Al
Texas Railway Company of T«.»xop vp.
Simon Harris. Williamson; Houston
Texas Central Railway Company vs L).
TlP«lale, Travis; Gulf. Colorado A tfantu
IT# Rtllwty Cont| .1 M Jai k on
Milam.
Other motions illcrnsed of: U F. Pro-
pies et al. va. Fannie Evans et al , from
Milam County, to dismiss appeal, over-
iul<d, and in the >• ime • iie th«- atata
merit of facts Is stricken <tit; A. A Mc-
Glll vs. James Castli»herry Torn Gre«*n.
for certiorari, granted American Free-
hold Land Mortgage Company of I>»n-
don (Limit*'i» «*t al. va R L Bronn • t
al , Mclennan, to advance the cause,
overruled
Submitted for rehearing: citizens Hail
Way Cimpan.v vs. !*. H Griffin et al..
froir. McLennan County. Otis Twaddell
et al vs National City Rank of Waco , t
al.. McLennan; Ward M. Smith vp. K F.
Booty, Travis (two motions); A. Parrlpp
et ll va. C L. Huith'>p, Travis; Texa*
Brokerage Company vs. John Barkley &
Co., M Iannan; Ben (' Jones £ Co. vs.
F H £mlth. from Travis. Missouri. Kan-
sas & Texas Railway Company of Texas
vs. State of Texas, Travl.«; Fred c. von
Rosenborg et al v.-. Hiram (J. Wlckes,
Travis.
Supreme Court Proceedings.
Dally Kxpress Austin Bureau
A1STIN, Tex.. April 15.- The follow-
ing proceedings wore bad today In tho
Supreme < !ourt oi Ti %
Rover?ed and rendered: Joslah Creamer
et al. vs. J. I). Brlccoe et al., from Co-
manche County.
Mandamus awarded: W. F. Buckley
\s J J. Terrell, Commissioner
Applications KranUd. W J. Flanary
et al. vp N. J Wade, from Bosque Coun-
ty; Ida Landry vs. Western T'nlon Tele-
graph Company, Bexar; Aetna Life In-
surance Company vs. Llille M. Wimberly,
Milam.
Applications refured: International /i-
Great Nortlurn Hallway Company vs.
G. B Vanderventor, from Milam County;
Marcus Reitch vs. Flora Weidemeyer,
Anderson; Gulf, Colorado & Santa Fe
Hallway Company vs. B»*rt Huyett.
Cooke; Southern Kansas Railway Com-
pany of Texaa va T. h Yarbrough, Chll»
dress; Chicago, Rock Island Ar Gulf Hail-
way Company of Texas vs. R I?. Poore.
Tarrant, Texas-Mexican Railway Com-
pany vs. Reyes S. do Hernander. et a! .
Webb; W. C. North vs. T. B. Coughran
ct al , Wilson; T. W. House vs. M. '\
Welly ot nl.. Bexar; A C. Kelsey vs. O.
F. Collins et al, B» xar; Harry Branch
et il. vs. Charles Doussen, administra-
tor, etc., Bexar; State of Texas vs. I.
W. Rills, Travis; State of Texas vs. J.
W. Kstes, Travis
Motion fir rehearing granted and argu-
ment Invited: Sari Antonio Irrigation
Company et al. vs. S. Deutschman. from
Bexar County.
Motion to reverse and render o\errulod:
San Antonio Irrigation Company et al.
vs. 3. Deutachman, from Bexar County.
Motions for rehearing overruled: Leo-
nidas Cartwright et al. vs. John H. Kir
by et al.. from San Augustine County;
W \ Blackburn vs Delta County et al.,
Travis; Jv W. Taylor vs. W. T. Williams,
rxr., et al . Marlon; Missouri, Kansas A-
Texas Railway Company of Texas vs.
S L Criscvell, Huntr N. T. Scott ot al.
\ .r Harris Brln. Kaufman; Galveston,
Hnrrlsburn & San Antonio Railway Coni-
pany vs. Mrs. C. F. Miteholl et al. Rexar;
Tr«xis & New Orleans Railway Company
vs. Mm. H. A. Scarborough et al., Jef-
ferson; St. Louis Southwestern Railway
Company of Te>as vs. Wllford Slflpo.
Tarrant; St. Louis Southwestern Railway
Company of Texas vs. S. C. Moore,
Smith; Missouri, Kansas & Texas Rail-
way Company vs. H A Hollan, Grayson;
Missouri. Kansas A Texas Railway Com-
pany of Texas vs. C. A. Thomas. Gray-
son.
Motion for rehearing submitted: O'-
Rear-Nestor Glass Company vs. Anil-Ex-
plosion Con* pany et al., from McLennan
County
Causes submitted: St. l/ouls South-
western Railway Company of Texas v.-.
Catarrh Cored,
No Cure No Pay
Oossn't Cost Anything to Try It.
Tbe Paris Medicine Company. 2*22-28
Pine Street. St. Louis. Mo., manufac-
turers of Laxative, Bromo Quinine and
Grove's Tasteless Chill Tonic, have -a
NEW DrSCCVERY for CATARRH and a
recently Invented device by which this
new discovery can be applied to the nose
as easily as brushing the teeth. If used
according to directions It cures and pre-
vents CATARRH and had breath. No
matter how clean the mouth may be
kept, if the nose is not clean and healthy
the breath will be bud, and In order to
Introduce this treatment th#» Paris Medi-
cine Company wish to supply it to any
sufferer from CATARRH on a guarantee
of no money to be paid until you are
satisfied. Price of nose medicine. 50c;
price of throat medicine, 2Rc; price of
Nasal Douche, 25c. If your druggiat hasn't
It. simply give us your name and address
and we will send the complete outfit to
you by matt. When you are entirely sat-
isfied with the benefit derived, you may
send us a dollar bill or postage stamps
to the amount of $1.00.
We make this liberal offer because we
know that everyone that uaes it will rec-
ommend it to tMr friend*.
11 H Hynson, fr.nn
Texas Sr New Oilcans
vs. Wells-Fargo A Co,
Guli', Colorado rtr Santa
pany vh. Wells-Farao
Harris; Gulf. Colorado
way Oo vp. Mrs Ell!s
Brotherhood of Railw
Sarah V Doe, Cooke;
Insurance Company vs.
mlssionor, petition for
Bowie County;
Railway Company
Kxprcsp, Harris,
Fe Hallway Com-
& Co. Kxpress,
Si Santa Fe Hail-
Overton, Johnson;
ay Trainmen vs.
Kansas Clt> Life
T. H Love, Com-
ma ndamus.
GRANTS THREE WRITS OF ERROR
Applications Fnvorably Considered by
Supreme Court.
Dally Express Austin Bureau.
ACSTIN, Tex , April 15.—The Supreme
Court granted throe applications for
writ of error today and noted Its rea-
sons therefor on Its private docket, as
follows:
Ida Landry vs. Western Union Tele-
graph Company, from Bexar: "We think
the Court of Civil Appeals erred in re-
versing the Judgment as to actual dam-
ages."
W. J. Flanary ot al. vs. N. J. Wade,
from Bosque: "We Incline to think the
sale of the land was void."
Aetna Life Insurant e Company va,
Llille M Wimberly, from Milam: "We
think the Court of Civil Appeals erred
in allowing 12 per cent damages and at-
torney's foes."
Court of Criminal Appeals.
Dally Kxpress Austin Bureau.
AUSTIN, Tex., April 15.-The following
proceedings were had today In the Court
of Criminal Appeals:
Affirmed: Rob Rogley (two rases) an1
Alex Hubert, from Grayson County;
Frank Bryant. Marlon; Joe Erwln. Mc-
Lennan; A. T. Rrown. San Saba; Manuel
Agulllar and Will Keye. Travis; Gus
Flschl, Ren Jordan and Morris Adams,
Williamson.
Reversed and remanded: Marcellus
Penton, from Bowie County; Jim Nixon,
Lampasas.
Motion for rehearing overruled: Marvin
Faulkner, from Clay County; T H.
Smith, Dallas. Dan Ban ton and Dave
Roherson, Ellis; J. L. Tlppltt and R. P.
Williams. Haskell; H Starbeck, Jones;
F. G. Thurmond, Mitchell; Bud Wade
(two cases), Montague; Ix*o Fox, Na-
varro.
Submitted on brief for both: Alfred
Williams, from Falls County; Olive B.
Lynne, alias J. C. Wilson (two cases),
Travis; Bud Curlee, Robertson; Robert
Pearsons, Iiurlescn; John Scott. Galves-
ton.
On brief and oral argument for both:
h i! Granberrj e! al, and John Ricn-
erdt . from Travis County•* Lave Ander-
son (death) and John Tolliver, Falls; W.
L. Waters, Dallas.
0;i brief for the State: Manuel Rusk,
.»llas Rush, from Harrison County; Pres*
Logan. Grayson; Willie Payne and W.
B Walker, Erath; P. J. Johnson, Ha.i-
kell.
On motion to abate nppfal: Henry
Turner, from Medina County.
On motion for rehearing: Sam Illgh,
from Harrison County.
FOR LIGHT AND FOG SIGNALS.
Favorable Repotts on Bills for Protec-
tion of Navigation,
Special Telegram to The Exprepp.
WASHINGTON, April 15.-Tho Com-
mittee on Interstate Commerce today
favorably reported Cooper's bill for
Jn.ortii for a light and fog signal at the
end of Sabine Pass Jetty and $1^,000 for a
light and signal station at the end of
one of the Galveston Jetties and for a
wharf ami depot shod at Fort San Ja-
cinto as asked fn»* by Rcorc«entative
regg. ... r* '*3— —
to bridgITchannel.
Bill Introduced to Give Aransas Pass
Terminal Company Privilege.
Special Telegram to Tho Express.
WASHINGTON, April 15.—Representa-
tive Garner will Introduce a bill to
grant the Aransas Pass Terminal Rail-
way Company permission to construct a
bridge over the Cummins and Morris
channel between Corpus Christ! and
Aransas Pass. The terminal company
proposes to lay a track to Harbor island, %
near Aransas Pass channel, ror hauling
material to be used in the construction
of the new jetties.
A Gentle Dose
That Never Needs Increasing
A small (lose of hnrsh physic—salts,cas-
tor oil or pills—soon ceases to be
effoctive.
Then you take larper doses. Els« you
take the physic more frequently.
That is becauso the physic is irritating.
The bowel lining grows hard, just as
the skin becomes calloused by con-
stant irritation.
Calloused bowels can't perform their
natural functions. The result is
chronic constipation — the need of
constant help.
Such physic belongs to an ancient era.
Modern physicians have learned Its
effects and displaced ft.
They row help the bowels gently and
naturally. They use vegetables in-
stead of minerals.
Cascarets are purely vegetable.
They act jost as laiative foods, just at
exercise acta on the bowels.
They don't harden the bowels—don't
inflame the stomach—becuuse they
don't irritate.
One small, sweet dose is always tafd*
cient, unless the bowels are already
calloused.
Their use never causes pain.
CoBcareta ore candy tablet.. They ara MM
by all druBKlHt., but never la bulk. Be sun to
got the genuine, with CCC on rrwy f *'
Tbe box Is marked like this:
Tba *e*Kpocket box la 10 cents.
Tbe mantb-4rea<ment box SO cents.
12.000.000 boxes sold annually. M
««
First Build the Cage
Then Catch the Bird"
This old proverb might be applied to the young man who contem-
plates marriage.
Our advice would be, buy a lot early in life—build a house, rent It
out until able to support a wife.
Then you've got the cage all ready for occupancy.
Suggest that the contractor buy the LUMBER of us—for no other
reason than that the quality and price will be just right.
Petrich-Saur Lumber Co.
Yards: Lamar & Chestnut Telephones 30-30
n111111>ii111il11111111111n 1111111>H1111111111ll.
Uncle Sam's
Ginger Me
Is a ''home product*'—very rich and
palatable and fine and superior in
flavor.
WE KNOW hov good it is—because every detail in its production
is under our immediate supervision. YOU CAN KNOW—one bottle
informs.
The difference in the finest "Imported" and "Uncle Sam's" is
mainly in the price. And "Untie Sam's" is fresher and more
"gingery."
Wherever drinks are sold.
C. A. DUERLER MFG. CO.
Bottler* of Pure, Non-Alcoholic Beverage*.
i»iiiiiiHiiiiiiiiiiiiiniiiiiiiiiiinm»»»»—♦»»
•7
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The Daily Express. (San Antonio, Tex.), Vol. 43, No. 107, Ed. 1 Thursday, April 16, 1908, newspaper, April 16, 1908; San Antonio, Texas. (https://texashistory.unt.edu/ark:/67531/metapth441381/m1/3/?q=waco+tornado&rotate=90: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Abilene Library Consortium.