The Galveston Daily News. (Galveston, Tex.), Vol. 42, No. 208, Ed. 1 Tuesday, October 16, 1883 Page: 4 of 4
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V/.J. HUGHES & GO.
DEALERS IN
CIS AND AMMUNITION,
HEFiRIK G'S SAFES,
AMERICAN GUNPO WDER
Cor. Strand and Tremont Sts»
®|e©alb est on |j ctus.
Tuesday, October 10, ISS.i.
Daily Weathor Rcporte
War Department—Signal Service United States
ArmT—Division of Telegrams and Reports for
the Ben*tit of Commerce and Agriculture-—Ue-
Veoruiojricai Reccu, Gaivestou. October 15,
*i :4v p. m.:
/Locality. Bar JTher | Wind, lUain. 1 Weather.
3a I vest on. "10.14!
Indiacola. .. SO.iV.r
, Palestine .... .jO.'
77.3;
E
12
so r
K
2*2
T;I |
NE
13
e:
SK
is
ei j
SE
IU
64 i
B •
11
F>7 j
K
'JS
54 :
SE
0
57
S
40 j
E
84 !
E
—
.03 'Cloudy.
,t«» jFair.
.00 [Clear.
.00 iLt. rain.
.00 i Cloudy.
.0"> iC'Iear.
.00 iCloudy.
.00 (Clear.
.00 Cloudy.
.00 '.Cloudy.
.00 I Clear.
Dod^f
Leaven wo'thj30.4l|
North Platte 30.22
Bismarck. .. 130.30
New Orleans 130.00
Chansres of barometer iu the last eisrht hours:
Galveston, .02 rise; Indianola. .01 fall: Palestine,
.03 fall; Stockton ; Elliott, .02 fall; Little Rock,
.04 fall: Dodge City. ... ; Leaven wort h, .OS fall:
North Platte, .06 fail; Bismarck, .OS fall; New Or-
leans. .04 fall.
Chance of thermometer in last twenty-four hours:
Galveston. 1.2 fall; Indiaaola, 3 rise; Palestine-, 2
fall; Steokton : Elliott. 5 rise: Little Rock, 3
fall; Dodge City. 3 rise; Leavenworth, 2 rise: North
Platte, 1 fall; Bismarck, 2 rise; New Orleans, 0.
Special Woatnor Report from Galves-
ton Cotton Bolt.
Galveston. October 15. —Observations showing
highest and lowest temperature and rainfall, tor
the past twenty-four hours, taken daily, at 5
o'clock p. ia.:
Maximum Minimum Kain-
Locality. Temperature. Temt-erature. fall.
k.
Galveston
78.9
.72.5
.00
Houston
S3
.CO
.00
Hempstead
82
.70
.00
Bearne
SO
.61
. .00
Waco
80
.60
. .00
Corsicana
81
51
.00
Dallas
74
-.52
.00
"Weimar
82
.5 3
.00
Luliugr
*J0
.63
..'Ju
Orange
84
.65
.00
San Antouio....
83
.51
.00
Sour Lake
85
.f]
. .00
Palestine
75
60....!.! !
. .00
Tyler
76
.59
.00
Huutsville
73
.63
.00
Longvlew
86
.52
.01
Weatherford
78
.46
.00
Cuero
64
.67
.06
Me au Maximum.
\ea-j lliuiuiu'u.
Mean Rain
fall.
ftl.l
CO
.00
International & Gt. Northern I. R.
TWO TRAINS DAILY BETWEEN
GALVESTON & ST. LOUIS.
Through Tickets and Baggage Cheeks to ad
points in ihe
NORTH, EAST Sc SOXJTSCE-&ST.
J"• S. ZVacNAMAEA, Ticket A~ent.
_
G»j C* & S» P« R«
CHANGE OF TIME
Leave Galveston
9SC
» T.
IN
Arrive Houston
^Arrive t. 4 N. O. Depot..
EFFECT
.. 0:45 a. i
11:50 a. i
OCT. 8, 1683.
n. 3:35 p. m.
a. 5:35 p. in.
50 p. m.
-eave T. A N. O. Depot.. ^ 7:20 a. m.
Reave Houston ) 7:35 a. m. 3:50 p. m.
■Lrrive Galveston 0:35 a. m. 6.05 p. m.
| No mors transfers. Trains run into same depot,
^naking immediate connection for New Orleans,
ban Antonio and intermediate points.
PasseuM^lor New Orleans and points East and
£orthJtffl^fie 3:35 p. m. train.
IGAR G. MURRAY, J. H. ROLLER,
Gen. Passenger Agent. Ticket Agent.
THE CITY.
♦ ■
Quarantine*
Dr. Blunt, quarantine officer at this port, re-
ceived a telegram from Governor Ireland yester-
day announcing to him that from this date the
period of quarantine detention will be ten days in-
stead of twenty as heretofore.
♦ —
Damage to Cargo.
The steamship Tunis, from this port for Liver-
pool with cotton, arrived at the latter place on the
4th instant with seven feet of water in her forward
compartment. The cargo was insured with Messrs.
Hughes & Stowe in the North American. The
agents say the damage will not exceed $.'500.
Hymeneal*
Mr. Jos. T. Cole, an attache of the Wharf com-
J>any, leaves this morning for Waco, where he will
ead to the altar one of the Central city's fairest
daughters. Miss Willie L. Prewitt. Mr. Colo is a
son of Judge Cole, so long a resident here, and is
well known as a young man of sterling qualities of
heart and mind. His many friends wish him a
prosperous trip, and trust that the future of the
young couple may be as free from care as the or-
dinary course of mortals, and that as they embark
upon the sea of matrimony under fair auspices, so
may their voyage be pleasant and joyous, and that
when the cry of land, ho. is heard, the echo may
be home at last.
Tremont Opera-house.
A second performance of the Black Dwarf was
given at the opera-house last night, before a large
audience. The specialty features were all well
given, and were frequently applauded The Suy-
daui brothers, Frankie .Jones. Lauranee and Lo-
rains, Orton and Francis, Nellie Bro >ks. Griffin,
were all good cards upon the bill. Frankie Jones
is one of the brightest and most natural child actors
ever seen in this city. The spectacular features of
*-the performance were of course admired, and the
taftlet would have commanded more praise from
the audi^gQP- bad there been beauty in proportion
to nimbleness displayed. There will be a matinee
this afternoon, and the closing performance to-
night.
Hotel Arrivals.
At the Washington: S. A. Saunders, Lovelady:
Dan Piatzer, Clear Creek; J. F. Dugatt. Dickinson;
M. H. Easterling, Lovelady; Charles B. Williams.
Texas; John Ahd-el-Noor, New York: Morrcll
Johns, Rome. N. Y.; John B. Wooten, Wallisville;
Captain David Evans. Berlin, Wis.: D. S. Killou fh,
Texas; S. T. Allphin. R. S. Allphin, Mudisonyilh':
O. Wangeman, Sealy; George Balloe, Houston; E.
O. Merryman, Baltimore, Md.; L. H. Kicker and
wife. Fort Worth; J. R. Thompson. Cameron; Carl
Schutze, Brenham; George Kraus, Win. Clarke. J.
Ij. Pafft, Win. Waite, St. Louis, Mo.; W. D. Farish,
Belton; W. C. Brown. T. and P. R'y., Fort Worth:
H. McCann, Texas; W. J, Moore and family, Fla-
toma.
At the. Girardin : H. T. Hal!. Houston: .T. T,
Fkflcts, Richmond; Charies Horthland. Dublin; J.
Frankel, New Orleans; William Haas, N. T.; C. P.
Oakley, Cincinnati; J. B. Dickson. Comanche;
John T. Harcourt, Weatherford; H. Sass, J.a
Grange; R. Weis, Texas; J. D. Hall, Texarcana: T.
M. Rendell, Austin; B. W. McCuliougli, Marshall; J.
A. Cuowsky, Riclimond; L. P. Hemphies, Fagan;
L. S. Sanders, Fagan- J. B. Lewis, Bellville; Louis
Bock, Bellville; Paul Fortier, Temple; C. II. Milby,
Houston; H. A. Klein, San Francisco; Mo. Mathin,
Paris, Texas.
At the Commercial: W. B. Mann, El Paso: J. W.
Rathbone. Palestine; Thomas Kennedy, Boston,
Mass.; Lewis Baker, San Antonio; W. 0. Johnson,
Temple; W. B. Crawford, Sealy; C. B Franklin!
Texas; Marcus Kelly, New York; B. Morris. San
Antonio; Jeff Wilkenson, Palestine; Reiner Weber,
Brooklyn; S. G. Collins, St. Louis; 11. Foster. San
Antonio.
Stray Notes.
The new city directory will be ready for delivery
about the 1st of December.
The latest information from Ed. Jacobs in New
Orleans is that inflammation of the brain has set in
and that his case is hopeless.
Officer Williamson will commence this morning
serving notices upon property owners to bring their
sidewalks up to the established level. The sidewalk
ordinance will be vigorously enforced.
The grand jury will have, when it convenes, a
full supply of work to engage its attention. The
sporting boys are already trembling over the re-
ports in circulation about proposed investigation of
the small games.
A number of hunters returned yesterday from
the mainland, where they have been enjoying tine
sport for some days. Ail report good shooting,
but the McKernon-Montgomery party are just a bit
ignorant on the subject of bear.
Suit was filed in the District Court yesterday by
the Harmony Hal! association against L. E Spen-
cer and E. P. Clegg, for S1250 claimed to be due on
a note.
Material for the waterworks are expected to ar-
rive in a short while.
Sunday morning a young man from this city
went to Houston. He carried with him a bucket
of shrimp. He wanted to put them in an ice box,
but the conductor told him that that particular
train did not carry an ice-box. The young man
waited until the ticket-taker had gone from the
car, when he slipped his bucket of shrimp into the
water-cooler. The jolting of the train upset the
bucket. People drank the water and wondered
what made it taste so queerly. I inaliy. after near-
ly every jne ifctf sampled the water and wondered
at its Uste, it ipakedl out what caused if, and then
thirds were rather .warm for the shrimp young
-man.
Personal-
Mr. H. B. McClellan general Eastern passenger
agent of the Wabash and Missouri-Pacific railway
system, spent Sunday in the city and left yesterday
morning for the North
Mr. Barney Tiernan is home from his mines in
New Mexico, on a short Visit
Mr. J. H. Hutchings r,nd family leave for New-
York to-day.
Captain George C. Rives, clerk of the United
States District Court, returned Sunday from his
summer vacatior. spent at the Wisconsin pleasure
resorts.
Mr. George Witting, a prominent merchant of
Columbus, U in the city.
Colonel V. B. Botts, of Houston, was In town
yesterdnv.
Captain W. A. Hutchings loaves to-day to inspect
Life Saving Station No. 3 at San Luis puss.
Miss Georgia Bumble, who has been visiting
friends in this city, returned to her home in Hous-
ton yesterday afternoon.
Mr. Eugene Phipps, an old railroader, who has
recently been on th<a Mexieau National run from
Laredo to Monterey, was in the city yesterday.
Judge John T. llarcourt returned from the in-
terior yesterday.
Captain J. J. Atkinson, superintendent of the
Houston Direct Navigation company, was in town
yesterday.
John R. Wooten, of Wallisville, is at the Wash-
ington.
vV. D. Farish, of Beiton, is registered at the
Washington.
Mr. W. J. Ir-ore and family, of Flatonia. ar-
rived last r^s. S and are stopping at the Washing-
\ym hotoL*
S. T. R. S. Allphin, of Madisonville, are at
he Washington.
B. W. McCullough, assistant general passenger
gent of the Missouri-Pacific, was in the city last
veniag.
W. C. Watson of the Sunset and New Orleans
ad, was in town last night.
3. A. Haslett, general superintendent of the
xas Transcontinental Refrigerating company, is
the city on his way to California
\lderman Frank Marlow leaves to-dav on a visit
New Jersey.
Irs. Herman Kuehn leaves this afternoon to
..ait friends in Denison.
Miss Clara Gutherz goes to Houston this after-
noon upon a short visit to friends.
T. O. Vogel has returned to the city
Mr. R. L Browu returned from Europe yesterdav.
Mrs Francis A. Conant, correspondent of Abbott's
Monthly and the Living Church, of Chicago, is in
the city, a guest of the Beach hotel, r-lrs. C .rant
is engaged in writing up the pleasure places and
points of interest in Texas, and wi.i contribute to
the magazines she represents an article ou Galves-
ton as a winter resort.
Among the departures by the Santa re yesterday
were: H. B. Hamell. Boston: K J. Miller, New
York; Benj. Kowalski, St. Louis: Mis* M. J. Me
Cutcher, Vickburg; J. J. Collins, Mobile, J. Da
vis, Washington; Henry Rayhi, i». 1>. iianlej, it.
Clifford, Mrs. H. Gifford, New Orleans.
COLONEL 22A2?SFX23XJD UPON
THE HARBOR IMPROVE-
MENT,
He Considers the Outlook Encouraging
for Deep Water—Nature and Extent
oftho Work that has Seen Done,
As the work of improving the entrance to the
harbor at this port has been the subject of several
communications adverse to the plans adopted and
the results achieved by the engineer in charge, a
News representative called upon Colonel Mansfield
yesterday for the purpose of obtaining an ex-
pression from him regarding the undertaking. The
N evt #i r, r n began:
Colonel, as several communications criticisiner
th<* government work under your charge ha*e re-
cent iv appeared. The News would be glad to obtain
your views on the subject.
Statements have freely circulated in the press of
tending to throw discredit upon my work.
There is nothing in fact to warrant them. The
work is progressing favorably under the circum-
stances. and we are every day drawing nearer to
success. There"is no cause whatever for discour-
ag'-nieut.
How long has your plan of improvement been
under way ?
Something like three years.
When you fi«-s. took charge what estimate of
money ami time did you submit as essential to the
procurement of deep water?
The origin d -srm,*te was S!.'-•-5.113, with the ex-
press uader-%ta:.- :n.:r thai t.-. money should be
available as required—■ 1 ' a year. That
would have consumed about t.'iree and a half years
to u$compli«h the work.
What tie pi h of water did you calculate would be
obtain. •; iaider the figures which you named?
I stated '2o feet.
How does the work here compare in character
and magnitude with other works of channel or har-
bor improvement in the country?
The work here is considerably more extensive
than the work at Charleston, which is not coin-
plet -d by any means yet. The two points are simi-
lar in that they are both band harbors,but at Charles-
ton they hare a imich greater range of tide than
we have here, and also have one or two fresh-water
streams, the outflow of which is an assistance to
them. Of its character, the work here is the
greatest in the world. By a work of its charac-
ter, I mean a harbor on a sand coast.
The work of Captain Eads at the mouth of the Mis-
sissippi river is somewhat different. His problem
was the improvement of the mouth of a river, mine
the improvement of a tidal harbor. His jetties are
about two miles in lengthy mine about four miles.
He has received from the government about
$5,000,000, while differences in conditions of con-
struction are alike wide apart. With his material
close at hand, with unlimited funds and smooth
water enabling the work to go on uninterruptedly,
he has been enabled to attain success, while I have
label ed against difficulties that seemed almost im
possible to surmount. Ma'erials have come in
slowly and our work is all out. at sea. and the means
for carrying it ou have been inadequate to Its rapid
and proper conduct. We shall, however, having
gone so far, now carrv it through, for we have
demonstrated beyond any question its entire prac-
ticability.
If the amount you originally named had been
placed in your hands at the beginning of your
w ork what could have been reasonably expected as
the result?
We should have probably had over twenty feet
of water to-day.
Your work then has been retarded by short al-
lowances of money ? /
Yes. '
What amount has been expended under your
direction?
Eight hundred thousand dollars.
What results have been secured?
There has been an improvement of about two
feet of water. My work, as shown by my report
for the fiscal year ending June 30, shows that dur-
ing the past year the work was confined to extend-
ing the foundation course of the south jetty to a
full width of 100 feet, and raising it to a higher
level, when thought necessary, by the addition of
the second, third or fourth course of mattresses
along its length; to the closing of t he gap near the
shore line; to the riprapping work, by extra bal-
lasting, to secure it at. points where such protection
was required; and to building sand fences at Fort
Point to protect the channel over the inner bar
from drifting sand. The work on the south jetty,
as e\leaded, covers construction of brush mat-
tr ,ses. well ballasted with stone-work. The past
year completed this jetty so as to give its dimen-
si ns as follows; A foundation course ~-.551 feet
loug, varying i:i width from to) to 1*J0 feet,and upon
which is carried a second course 15 to 30 feet wide
for nearly the same length. Superposed over all
are the third and fourth sections, the third course
approximating 17,50!) feet, and the fourth, top
course, 4000 feet in length.
Colonel Fisher, in one of his communications,
states that worms have eaten the brush of the
jetty, and that the stones have sunk in the sand or
been scattered away. Is that so?
Not at all. In the construction of the work it was
expected that the crest would go down some by
compression and the natural action of the sea. in
distributingupon the slopes the ridge of stone pur-
posely heaped upon the crest. This gives rise to
the statement. There is no evidence whatever of
any settlement of the jetty. My annual report em-
braces the following as best answering your
question:
"On the 12th of October a sudden squall tore
eigir, mattresses from their mooring chains. Six
of them became a total loss. Two were recovered
and used in the work. During the unusual low
stage of water on the 29th and 30th of November,
the crest of the completed portion of the outc- end
of the jetty (approximated 3225 feet in length) ap-
peared above tlie surface and thus euabled us to
make a careful examination of it. Its appearance,
as presented, was most satisfactory. The brush
work was entirely covered with stone, and the
stone was well bedded: and the older portion, in
place some time, showed the stone strongly
cemented together by accretion of shell and sea-
weed or moss. Again in January, 9th and 10th,
just succeeding a heavy norther," the water was so
low as to expose to view a large portion of the
jetty. A personal examination of the entire line of
work was made in a yawl boat. This ex-
amination proved the condition of the work
throughout as most satisfactory. The crest of the
shore end w as some, teet above the water surface,
and this for some distance out beyond the turn
around the light-house. Beyond the gaps we
walked dry upon the jetty for several hundred feet,
and beyond, over the shoal, the crest of the work
was at the water surface. This portion had then
been in piaee a year and a half, and exposed ends
of oak stakes and pieces c.f brush here showed that
the worm had done no injury. The outer 4000 feet
of 'he jetty was in admirable shape, except at two
or three places along its crest (which was afoot
out of water*, where heavy seas had had some effect
upon it. The damage w.. ; slight, and was made
good a few days thereafter by the deposit of a suit-
able amount of stone. As reported in my monthly
report for January, 1 venture to state that the sta-
bility of the work was by this examination well
proved."
He also comments upon a report made by Cap-
tain Ripley to you. What was the report ?
That was a subreport addressed to me upon
the completion of his annual survey of the harbor,
detailing the minutest changes from his survey of
cue yea: ago. He expressly states that in the jetty
chau'iel. at ti. ■ shoalest point, there has been a
deepening of !'-« foot, so that there is now a least
channel depth of 13 feet, and a width of 1000 feet,
from the jetty to the 12-foot contour north of it.
Aside from the deepening in the jetty channel, the
depth in the crest of the bar remains practically
unchanged.
He seems to regard it as a discouragement of the
work. How do you regard it?
I regard it is extremely encouraging. It is far
from being discouraging. To read the report un-
derstandingly, one should have the charts before
him.
It is charged by some that your mattresses have
been washed up and cast on the beach, both on the
ish'.nd an l on Bolivar point?
\\ « have p:;1- *ed in the jetty something like 1350
mat*, i • ;s>- -s. We know of but five having been car-
rie Itawaj ,and our knowledge of the subject is most
T:ai work having progressed as far as it has,
what are the practical results that have been
reached?
As one of the practical results, I will mention
that a few days ago I met Captain J . N. Sawyer, of
the Vadory line, and asked him if he was discou-
rage 1. He said, " not at all.'' I asked him what
results he > i from the work. He replied. " Just
this: we lighter 500 bales now where we lightered
250'.) before.''
If 1 understand correctly your present work it is
the cutting oat of :• new channel across the bar.
north of the jott" channel, which is the one used at
present by the shippii.g. Will you kindly give me
a few points regarding the nature aud effect of that
work?
We have selected for our dredging operations the
shortest distance across the bar from deep water
inside to deep water outside, which is a direct pro-
longation of the deep water of Bolivar channel.
W' . however, found en this line much less depth of
water on the crest of the bar than any where else,
within the limit of possible improvement, the av
erage depth being about I0t£ feet. On September
S a line of soundings was run through the cut,
showing that for 1200 feet from the inner end of the
cut there is a depth at mean low tide of fifteen feet
and over. I or the next 500 feet there were four
s ur.dinus of less than fifteen feet, and for the r.ext
15T5 feet there were nine soundings of less than
fourte mi leet depth out of a total of seventy sound-
ings. The cut i- >omewhac crooked in places, and
som • of thrs" shoal soundings may have been near
til* <it'." of the cut where the bank has slid in. 1 do
nor thin!: tin re is less than fourteen feet anywhere
in t i:- center of the cut, as far as we have gone.
There is no evidence of any back-filling: at most,
there can hardly be more than TOO feet length with
less than fifteen feet depth, at mean low tide, and
this we siiail try to clear out before we get a blow.
Since then the work has continued whenever the
weather'.v.,tf fav. rable. The cut is being straight-
enel. and but btfo feet or Jess of the total 3 500 feet
of cut remains to be gone over before we shall have
a straight channel, at 1 ast sixty feet wide and fif-
teen feet deep at mean low tide. It is expected to
widen this cut to 200 or JOO feet, making it ample
for s"if•_* navigation, and in this we shall be assisted
by the m r hers. We shall continue the dredging
on as lonsf as our funds hold out. increasing
nnei to any desired depth. The currents,
supported by thrf jetty, run through the cut with
ineiv. --d velocity now. and it is believed that the
channel wiil consequently improve. We anticipate
no danger of its filling up. By this means we are
rend'r-d independent of the action of the great
storms.
How much money have you on hand 3
On the first of the month we had $."2,000 of the
city's money and .* ,-. '00 of government money.
Haw long do you calculate will be required to
complete your cut through to a uniform depth of
lifteeu feet at mean low tine ?
I Hat will depend upon the tide. We can only
work on an ebb liue, and sometimes we are not
able to do as much at others.
ope
X«Tarino 'i^orcrnoii+s. Etc.
The steamship Empress, which 3ias been some
time loading cotton at Kuhn wharf, yesterday
Steamed over the bar to finish.
I stea;s >h:p Glenfvne has taken the place of
the Empress at Kuhn wharf and is loading cotton.
The schooner Willie Ann. from Calcasieu, brought
44."00 fe<*t lumber.
t he se'.ioouvr Jennie Wood will probably finish
flis -barging her cargo at quarantine warehouse to-
day. The cargo, destined for .Mexico, will not be
allowed to leave quarantine for ten days yet. and
not until it. is believed i;s transfer will not be at-
tended with a particle of danger
The steamship Maritana, loading at quarantine,
has already some 2500 bales on board.
Dr. Blunt, tate quarantine officer at this port,
ha > receive 1 instructions from hen 1 quarters at Aus-
tin to allow ihe steamship PJymotliiau to load from
lighters. The Annie Duncan will also be permitted
to load.
To steamship Mount's Bay was to have coin-
men- I io.'ding las: *. ht from lighters.
A quantity of cotton is piled on Kuhn wharf
ready for the steamship Plymothian.
The l iricentine George V. Sweeney arrived from
New York and went to one of the upper wharves.
The steamship Australian has sailed.
Thei.'erman steamer Weser cleared yesterday
for Bre.u a with 4525 bales cotton and l&iS sacks
cotton seed oil cake.
Xjotter to the President.
. ' v. paragraphs, purporting to be specif dis-
pnt'from Washington, have appeared^in a
Texas paper recently, casting ridicule upon the
eauoiiiaoy of Colonel J. R. Bu ns for the United
Stat id attorneyship. Colonel Burns, upon
bi- .1. ; ac'juaint.-d with the fact, addressed the
folio-. j.-tter to the president, an I it w as placed
i'i the executive office, with other papers in
on fi
the •:
II
Unit
ledg
i Chester A. Arthur. President of the
1 S ::< > Sir; ]». having come to my know-
that I i.ave been represented as having spo-
i i a - . guiglv of tiie legal anility of the several
applicai is . r the vacant Federal judgeship in
Texas, and pi rti ailarly of Messrs. s tbin and Bark-
hard t. I o g leave > > here most respectfully say
tnat all or ">aid applicants are good lawyers and
clever, pleasant g*-..d- men. and that either one of
them will make a g od judge. Further, that I am
not a c:a; ia e for said judgeship; that for the of-
fi 1 usirift at I'M-iu v. lor whieo i am an appli-
cant, each of my several competitors therefor is
well qualified. I v. at no improper advantage of
any on-. Rmsu:vtmily, ' J. R. Bt'iiXS.
Washington, D. e , October 11,16S3.
Regular Meeting1 Last Nijjht — The
Wood Inspection Ordinance Adopted
—Peep "Water in the Council—Kon-
tine Business.
The City CouncQ met in regular session last
night. Present—Mayor Fulton, Aldermen Marlow,
Heffron, Allen, Falkeuthal. Barry, Mitchell.
Ketchum, Washington, Knowles, Levy, Wegner
and Cuney.
The minutes of the last meeting were read ana
approved.
The following petitions and communications
were read and considered:
From Franz Use, asking for $400, remuneration
for services to the city 'in the tax collector's office.
Granted, and an appropriation of $400 made from
the excess of back taxes collected over the esti-
mate in the budget.
From J. W. McMahan, asking permission to es-
tablish a uieat market at the corner of Twenty-
third street and avenue K. Granted.
From Pietro Devoti, communication regarding
sale of property for taxes—claiming that the taxes
had been paid. Referred to the committee on li-
cense and assessment.
From J. Johnson and Patrick Riley.for remission
of fines and cost. Referred to the police commit-
tee.
From J. P. Kindred, asking a quit-claim deed for
property sold for taxes in error. Referred to the
committee on license aud assessment.
From Mrs. Mary Sawyer for remission of taxes.
Referred to the committee on licence and assess-
ment.
From citizens for lamp-posts corner of Twenty-
second and Avenue O; corner of Broadway and
Fourteenth: corner of Center and Avenue N, aud
corner of Sixteenth and Avenue 1. Referred to
committee on public lights.
From 1. Heiuenheimer tor lease of lot 4, block
501. Referred to committee oh public property.
From >1. Scott, asking an appropriation of $0.2 05
shell tax improperlv paid. Granted.
REPORTS OF OFFICERS.
Of city attorney, ou the question of the liability
of the City Railroad company for cost of pavement
between its tracks on Mechanic street. Mr. Marlow
moved that the report be received and spread on
the minutes. The question being put viva voce, no
one voted either way, and the roil was then called
and the motion carried. The city attorney was
then instructed to draft an ordinance imposing a
license upon street cars.
Of city attornev, approving cost bill from Justice
Br.i mau's court. Ordered to be paid.
Of the city attorney a petition of Joseph Frank-
lin asking a conference on the subject of pending
litigation. The report denies any right to Mr.
Franklin to claim the property, but recommonds as
a matter of courtesy to him the appointment of a
committee as asked. Adopted, and the matter re-
ferred to thy committee on public property with
the city attorney.
Of the city clerk submitting statement of liabili-
ties of the city Tor the quarter ending August 31st.
The report shows an increase of indebtedness
amounting to $154,20") ©o. Referred to the finance
committee, and ordered to be published.
Of chief engineer of the fire department report-
ing condition of engine No. 3 and toe hook and
ladder truck, and asking for an appropriation to
put them ic order: also for the purchase of a horse
for No. 1. That portion of the report relating to
repair of the truck was referred to the fire com-
mittee. Sixty dollars was appropriated to pay for
floes for engine No. 3.
Of Dr. Wm. Penny, health physician, reporting
the order of the board of health requiring him to
dispense with all sanitary inspectors except A.
Kauffman after rhe 15th instant. Received.
Of city engineer, submitting final report on
actual cost of the avenue C pavement. The total
cost of the improvement was $50,980 72. The
property-owners proportion was §29,450 07: the
city's proportion was S27,530 05. Received aud or-
dered to be spread on the minutes.
Of M. M. Jordan, chief of poiice. asking for an
appropriation of $50 to purchase numbers for
police hats. Granted and appropriation made
from the police contingent fund.
reports of committees.
Of hospitable and health, unfavorably on the ac-
tion of the Board of Health appointing M. Burk to
take charge of city carts. Adopted. Also, favor-
ably on the petition of the United States Odor-
less Excavating company, provided the Board of
Health approves the same. Adopted.
Of finance and revenue, returning with their ap-
proval of reports of city officers referred to them.
Adopted.
< >f license and assessment, favorably on the peti-
tions of W. E. Gregory. Adopted. Favorably on
the petition of G. A. Meyer, if the tax is paid.
Adopted. Unfavorably on the petition of A. Nie-
man. Adopted. Favorably on the petition of
Chas. L. Walter. Adopted.
Of claims and accounts, submitting claims
amounting to $3002 61, approved. Adopted. Also
submitting a bill of 362 50 in favor of Menard &
Guiuard. for insurance. Approved, and ordered to
be paid from the market tund. Also submitting
bill of the Galveston Iron works for $37 30, for iron
drains for avenue C pavement. Approved, and or-
dered to be paid from the avenue C drainage fund.
Also, on petition of N. L. Rich, that he be paid $75
from the unforseen contingent fund; also, on peti-
tion of Dan McCormick. that he be allowed $175
from the same fund. Adopted.
Of public property, on petition of William Boyd
a*d George A. Hill for lease of certain fiats, tliat
a portion of the area asked for, the metes and
bounds being given, be leased to them on the terms
and conditions and for the time specified. Mr.
Ketclium stated that the space comprised in the
grant asked covered about 50 acres, and he thought
tiiat almost too much for a fish, oyster and vege-
table market. A motion to postpone was lost by a
vote of 5 ayes and 6 nays. A motion was then
made and adopted to refer to the city engineer to
make a plot ot the property asked for.
On public lights, favorably on petitions for lamp-
posts on Broadway and Nineteenth and Winnie
and Fourteenth streets. Adopted.
Mr. Levy moved that two lamp-posts be erected
at the Harmony hall building. Adopted.
The ordinance committee presented an ordinance
providing for the inspection of firewood; for the
appointment of a wood inspector; defiuing his du-
ties, and providing penalties for a violation of the
ordinance. The rules were suspended, the ordi
nance was amended, read a second time, aud
adopted by a vote of 7 ayes and 4 noes. The
mayor then nominated John Chubb, Jr.. as wood
inspector. The vote stood: Chubb, 0; blank, 2;
no, 3. A second ballot stood: Chubb, 5; blank, 3;
uo, 3. No election.
NEW BUSINESS.
By Alderman Marlow: .That any person desiring
to take up wooden pavement for any person shall
obtain a permit from the city engineer and shall re-
move and replace the same under the supervision
of the engineer. Adopted.
By Alderman Ketehum, the following resolution:
Be it resolved by the City Council of the city of
Galveston, that a committee, to be composed of
five members of this council and five citi-
zens of Galveston, be appointed for the pur-
pose of procuring the services, on behalf of the
city, of a eivil engineer or engineers of approved
skdl to make surveys, plans and estimates for ob-
taining deep water at this port. The committee is
instructed to report to the council the result of its
negotiation in the premises, together with its recom-
mendation thereon, and the mayor is hereby au-
thorized to appoint such committee, and the mayor
is added to said committee.
After discussion by Aldermen Ketehum. Marlow,
Heffron, Allen and Cuney the resolution was
adopted.
By Alderman Knowles, a resolution to appro-
priate £505 '.*) from the sidewalk improvement
funt^ and $350 from the lumber fund of the streets
and alleys department to cover the drain on
Twenty-first street, between Avenues 31 and O.
Referred to the committee on streets aud alleys,
and the city engineer.
By Alderman Knowles, that a pair of horses be
purchased by the fire committee for tne new hook
an l ladder" truck. Referred to the committee
with power to act.
By Alderman Cuney, a resolution instructing the
ordinance committee to bring in an ordinance
clearly defining the powers and duties of the com-
mittees of the council and defining the powers and
duties of the city engineer. Adopted.
The council then adjourned.
TCZHBTXNG OF THE EAS.
Indorsement of Judge W. P. Salling-er
for United States District Judge for
the Sastern district of Texas.
A large number of the Galveston bar assembled
at the Supreme Court rooms, in the Ballinger &
Jack building, at 12 m. to-day.
The meeting was called to order by General T. N.
Waul, who explained the object of the meeting to
be to consult together and take such steps as were
deemed most advisable iu presenting to the presi-
dent ot the United States the name and fitness of
Judge Wm. P. Ballinger for the appointment of
United States district judge for the Eastern District
of Texas.
Thereupon, Robt. G. Street, Esq. presented the
following resolution:
Whereas the name of the Hon. W. P. Ballinger
is prominently mentioned for the office of United
States district judge for the Eastern District of
Texas: and whereas individual members <5f the
bar have heretofore recommended other persons
for said a op >intment before it was known that
Judge Baltinger's name would lie brought forward,
or that he would accept the office, therefore be it
Resolved, that in view of the pre-eminent fitness
of Judge Ballinger for this important office, we
hereby earnestly recommend his appointment, re.
gardlessof any previous recommendation made by
any cf us as individuals We, without qualifica-
tion, commend Mr. Ballinger as the best man that
can be selected for the office, and will regard the
country as fortunate in securing his services in the
position.
Which was unanimously aud heartily adopted by
the bar.
Geo. E. Mann, Esq. moved that the chair appoiut
a committee of five to have the resolutions'of this
bar properly laid before the president of the United
States and to urge the eminent fitness and high
qualifications of Judge Ballinger for the office,
which was passed, and the chair appointed G. E.
Mann. Jas. R. Burnett, F. M. Spencer, C. L. Cleve-
land, Seth Shepard: aud on motion the chairman,
T. N. Waul, was added.
W. B. Dexson, Secretary.
The following members of the bar gave the fore-
going indorsement to their distinguished brother:
T. N. Waul. M. C. McLemore. M. E. Kleberg. M F.
Mott, G. E. Mann. F. M. Spencer, <Jeo. P. Finlay,
W. B. Deuson. Leo N. Levi, Foster Rose, A. R.
Campbell. Wm. Sorle}-. R. V. Davidson,
John Love joy, A. B. Ruetell, W. L. Davidson, J.
C. Walker. C. L. Cleveland, Wm. Terry, R. G.
Street, F. C. Hume. F. D. Minor. J. B. Stubbs,
.Jos. Franklin, P. C. Baker, Sid Hanseom, H. C.
Maver, J. Z. H. Scott. B. R. A. Scott, O. S. Eaton,
11. Savles, G. W. Davis, Branch Masterson. J. W.
Harris, J. V. Harrig. F. Barnard, S. M. Noble. H.
J. Labutt, Bieholstheiai, W. L. Wilson, Seth
Shepard.
Eclipse of the SSoon.
The" moon was in partial eclipse last nizht. The
time of first contact was between 12 and 1 o'clock.
At l o'clock tiie shadow was plainly visible across
the lower rim of the planet, which was surrounded
by a halo of bright light. The sky was clear, and
an excellent opportunity was afforded to those
who were ou the street at the hour to watch the
passing shadow. The last contact occurred about
2 o'clock. _
Santa Fe Directory.
At the recent meeting of the stockholders of the
Saura Fe railroad the old directory was chosen for
the ensuing year, with the exception of substituting
the name of Mr. P. ii. Pyne. ot New York, iu p.a. <9
of Mr. M. Kopperl. deceased. The directory will
hold a meeting Wednesday, for the purpose of
organization and election of officers.
THE COURTS.
District Court.
• !-"»*' i !'. Tiernan vs. Jos. Franklin. Jury ver-
die: We the j ay find for the plaintiff, P. Tiernan,
• he premises described in tiie petition, and we fur-
ther find in favor of the plaintiff the sum of $455
for the rent of the premises. Chas. Kellnkr,
Foreman.
Thereupon the plaintiff in open court enters a
remitter of £111 S.> from the verdict for rent.
Judgment for plaintiff for the premises in con-
troversy and for 75 for the rent, and writ*of
possession granted.
11,400. John Maliu vs. The Galveston Oil com-
pany. Ou trial.
Eugene E. Niblett and Wm. Crotty were each
fined $50 as defaulting jurors.
Recorder's Court.
Leopold Theady and Henry Harthan; disorderly
conduct; each lined $5 or five days.
Y\ :n. Lewis and George England, disorderly con-
duct: continued to 10th.
Chas. It <b;nson and John Arcliy, fighting: each
fined .$5 or five days.
John Fultoa, drunk and down; fiued $5 or five
days.
James Reed and Win. Newell, lighting; continued
to 17 th.
Amanda Davidson, drunk and disorderly; fined
$5 <fr rive ilays.
John Mealy, Jr., abusing and iusulting; dis-
missed.
Aggie Gibbous, abusing and insulting: dismissed.
Kate < iandy and Eva Scott, disorderly conduct:
each fined $"> or rive days.
John Doiloue, building a fire ia an alley; dis-
missed.
Mrs. Peter Burns, abusing and striking; con-
tinued to 17th.
state cases.
Win. Steele, theft of property of less value than
$20; dismissed.
Steve Miller, aggravated assault and battery; held
in the sum of $100 to appear before the Criminal
Court.
Coal.
McRae, AngeB & Co. See card in another
column.
WAG9.
Great shoe sale this week at
^ Flatto Bros.'
New Dancing School.
Madame Louis, the celebrated instructress
in dancing, is here making preparations to
open a select school. This lady has a national
reputation, and her recent triumphs in Mem-
phis and Little P».ock are small ia comparison
to her reputation East. The indorsements she
brings with her warrant us in predicting a con-
tinuation of her success.
To the Public-
The baseless fabrications and reckless asser-
tions of those interested "n hotels other than
the 5sa0b botel,
to the effect that it has been or will be closed
during the winter months, are without foun-
dation iu fact. The originators of the enter-
prise are determined to test the question as to
whether Galveston can \>e made a winter re-
sort or not, and have ifo thought or intention
other than to keep this magnificent property
open all the year round. Ample arrangements
have been made for heating the building with
steam, the house is rapidly tilling up with per-
manent boarders, and letters are being daily
received from Northern people indicating that
the hopes ai*l expectations of the company
will be realized.
"Will sell this week only ladies'kid button
shoes, worked button holes, at $1 50 per pair.
Flatto Bros.
In East or West, or North or South, |
They to themselves an outrage do
Who cau not boast a fresh sweet mouth,
With teeth like pearls begemmed with dew
When Sozodont all this supplies,
And works the charm before our eyes.
Avoid Fever, Ague and Biliousness by taking
Colden's LiQriD Beef Toxic. Ask for Col-
den's. of druggists.
In a letter from Hon*. Mrs. Pesy, Castle Grey
Limerick. Ireland, Brown's Bronchial, Troches
are thus referred to: " Havm* brought your ' Bron-
chial Troches' with me when I came to reside here,
I found that after I had given them away to those
I considered required them, the poor people will
walk fer miles to get a few." For Coughs, Colds
and Throat Diseases they have no equal. Soitl
or.ly in boxes.
Madame L. Louis is stopping for the present
at Mrs. Leo Levi's, where she wiil be pleased
to see her patrons.
Burnett's Cocoaine
Softens the hair v\ hsn harsh and dry.
Soothes the irritated scalp.
Affords the richest JusLer.
Prevents the hair from falling off.
Promotes it« healthy, vigorous growth.
Strong, serviceable children's button shoes
at $1 per pair this week only. Flatto Bros.
Silvais I-evy.
Corner Market and 33d streets, sells cheaper
than any one else. Dress goods and siiks, rib-
bons and trimmings, hosiery aud gloves, laces
and corsets, flannels and blankets, cloaks and
shawls, and all kinds of cassimeres for pants.
A New Line in Galveston—The "Interna-
tional"—not the railroad, but the International
Dental Depot. A full supply of their goods at
Philadelphia prices, without your paying
freight, at J. J. Schott & Co.'s.
Colden's Liquid Eeef Tonic will cure in-
digestion, and perpetuate bodily vigor. Take
no other. Of aruggists.
Misses' pebble or kid button shoes at $1 50
per pair; every pair guaranteed.
Flatto Bros.
Pire! Fire!! IFire!!!
Secure thc» Babcock Fire Extinguisher, and
protect yourself from all dauger by tire.
P. H. Rennessy <fc Co.,
State Agents, Galveston, Tex.
"Will Open
this week a fine line of juvenile books by best
known authors. Now is the time to treat your
little ones. Call at the Parlor Bookstore.
J. E. Mason.
Agents for Atkinson (London.) All his
leading perfumes, toothpaste, hair tonics, pow-
ders and freckle lotion, etc., at New Orleans
prices, just received. J. J. Schott & Co.
Boys1 kickers, only $1 50 a pair; will last a
school season. Flatto Bros.
Our advice to parsons ab*ut to sail to Europe is
to provide warm clothing acd secure a few bottles
of Gtt.*trine. It relieves sea-sickness, cures Dyspep-
sia, and makes existence enjeyable.
School Furniture and Supplies-
Stationary and notions. Address Paul F.
Erb, 713 Main street, Dallas.
Agents for I. L. Lyon's preparations. For
sale retail, and also wholesale, at New Orleans
prices. J. J. Schott & Co.
Infants' shoes with protection toes at
Flatto Bros.7
—
'Tis vain to seek a powder that defies detec-
tion; but use Pozzoui's to improve the com-
plexion. All druggists keep it.
The latest improved, light-running New
Home is the best family sewing machine.
The sick, worn and dejected should read the
ad. of Colden's Liquid Beef Tonic.
A RAII'.ROAD COMPLETED.
A Throug-h Line from New Orleans
to Cincinnati.
[Special Telegram to The News."!
New Orleans, October 15.—The first through
train over the New Orleans and Northwestern rail-
road came in from Meridian, Miss., to-day. bring-
ing a large number of prominent railroad officials.
The road is practically finished, but requires to be
better ballasted in a few places.
This work will bo pushed with v:gor, and it is
expected that the road will be formally opened for
business November 1. The new road opens up
direct connection between Cincinnati and New
Orleans, by way of the Great Southern and Cin-
cinnati Southern railroads, all under one manage-
ment, and will reduce the running time between
New York and New Orleans several hours.
BUSI^SSsT!klX,UR5S.
Suspension of a Eleavy Dry G-oods
I'irra.
New York, October 15.—The Dry Goods Com-
mercial agency reports Hyams Bros., a large firm
of New York and San Francisco, in the wholesale
clothing trade, suspended, with liabilities of $:250,-
U00. There are rumors, as j-et unconfirmed, of a
still larger failure in the same line.
31 r. Hyams, speaking of the suspension, said that
judgment for $78,000 had been obtained against his
brother Edward, in San Francisco, where the latter
has charge of a branch house. This judgment was
against his brother individually, and did not affect
the firm. The creditors in New York becoming
alarmed, Hyams made an assignment to avoid any
attachments The liabilities in this city, he said,
would not amount to more than $35,00 \ and in San
Francisco probably not more than *100,000. Hyams
is positive the firm would pay 100 cents on the dol-
lar, aud that the trouble would be merely tempo-
rary. The assets, he said, would have "to come
from the Sau Francisco business,
The preferences in assignment are $25,000.
The firm consists of William and Edward Hyams,
They manufacture in this city at S4 Keade street,
their place of business bein^ in San Francisco, un-
der the management of E. Hyams. Wi» Hyams's
estimated liabilities are between $u0,0i)0 and
$'50,000. Wm. Hyams says. Every creditor will be
psfld 100 cents on the dollar. Our assets amount to
over twice the liabilities.
Cheose Manufacturer Palled.
Elgin, 111., October 15.—Charles S. Melbourne,
owner of cheese factories at Dundee and Barring-
ton, III., and interested in tne Elgin Milk company,
failed. Liabiht.es $30,000.
A LIVELY DA-JT AT THE CEN-
TRAL CITY.
The United States Districts Court—
Smoldering Fire — Major Penn —
"Would-be Sunaways.
("Special Telegram to The News.l
Waco, October 15.—In the XJaited States District
Court to-day, the case of Bearl vs. Caldwell, in-
volving land in this county, which occupied the
court throughout Saturday, was decided in favor
of the plaintiff for the laad, and for the defendant
for $600, value of improvements. In the case of
the United States vs. W. S. Hunnicut, a verdict
was given for the government for >310 and costs.
The case of Field A Co. vs. White, involving a large
sheep transaction, was continued till next term, by
consent. The suit of C. T. Steiner vs. McDonald, to
recover a tract of land Ivine in Hill county, is still
on trial. The celebrated Blum train robbery case
comes up In a dar or two.
The fire of the'7th ultimo at the elevator yards
last night broke out afresh in the hay, which has
n«ver been thoroughly extinguished, causing some
alarm, but was soon reduced to a harmless condi-
tion. Insurance men say that unless this smolder-
ing fire is extinguished at once they will cancel all
insurance in that neighborhood.
Major Penr.'s meeting closed last night and his
mammoth tent has been stored until next spring.
No meetiag on this side of the river. The major
leaves at once for Palestine, where he will recuper-
ate preparatory to undertaking his winter cam-
paign in Kansas.
Material for the new paper has arrived and the
first issue will make its gppearauce Saturday
next.
A reward in the Swished eiopement case was re-
ceived to-day from Dakota.
Two scholars, named Roach and Gillespie, boys
altendiug the Baptist university, made an attempt
a few days ago to run away but were overtaken
at the d»pot by one of the professors and were
brought back.
Several parties from New Orleans, interested in
the recent Friedlaader failure, came in to day.
A writ of restitution was issued to-day by Justice
Evans for the purpose of ejecting a woman from
certain premises, l'he woman threatens to make
it lively when the attempt fc made to execute the
writ.
Louise Sylvester completely captured the au-
dience iu the character of the Mountain Pink.
FROM HOUSTON.
PSCCEEDINGS OF THE
OF ALDBRIEEI*.
BOARD
THE FIH2 TI&ND.
Destructive Cremation in REaiden
Xiane, I^ew "STork.
New York, October 15.—A fire took place at 3
o'clock in a four story building at the corner of
Maiden lane and Front street. The flames were
first discovered on the top floor, wnich. with the
noor below, was occupied by Quiun & Cavanagh as
a cotton storehouse. On the floor below was G. S.
Wilkinson, tea and cotTce merchanr, and on ttie
grounu lioor J. ti. Black, liquor dealer. This
building was entirely gutted.
No. 147 Maiden lane, occupied by H. Kelly, manu-
facturer of paints and oils, was burned out on the
two upper stories.
Total losses about $t50.000, partially insured.
Paper X&ilis Destroyed.
Pittsburgh, October 15.—At 4 o'clock this after-
noon fire was discovered in the extensive paper
mills of Godfrey & Clark, of this city, located at
Liknorn, thirty mil-.^s south of Pittsburgh. The
property consisted of two large frame structures,
surrounded by sheds, and when discovered the
flames had gained such headway that they could
not be checked, and both mills were totally de
stroyed.
In them was stored a large quantity of paper to be
used m the manufacture of paper bags. Godfrey &
Clara's loss will not fail short of $lo3,0Od. Tne in-
surance is S'-5,u00.
A Fire and a School Panic.
Waterbury, Conn., Octobcr 15,—An alarm of fire
in Elm street school occurred during the session.
Si* nundred children rushed headlong down ktairs
iu a panic. Many were knocked doe n and tramped
upon. One girl'had Her collar bone broken, an
otsei aneye badly cut, a third was left insensible
and with severe internal injuries, ^nd many others
v/cro bruised.
V'he *rc caught in waste paper near the furnace,
and was easily subdued.
XHA£ZTIH£ I^TiSIilalGCrJCZ.
Fierce Gale.
Plymouth, October 15.—There was a fierce gale
on the coast to-day. Two of her majesty's train-
ing ships were driven into collision aud subse-
quently went ashore near this port, where they re-
inaiu in a dangerous position. Assistance has been
sent them.
The new steamer Euripides. Captain Herd, from
New Orleans, September 17, via Falmouth, for
Elsinore, is ashore at Hjelmenth. Assistance has
been sent to her.
Arrived, Sailed, Etc.
New Orleans, October 15.—Cleared: Steamships
Eduater and Meditter. for Liverpool: S. J. Oteri,
for Belize. Arrived: Steamships Andear Espanol,
from Liverpool; Rosina, from Buenos Ayres; E. D.
Sid bury, fro in Vera Cruz.
"^Thisky Call Board.
Louisville. October 15.—At a meeting of the
Louisville Whisky Exchange to-day a proposition
to establish a whisky call board was adopted. The
first call under the rules will occur to-morrow at
noon.
Hailway Accident in Mexico-
Mexico, October 15.—Yesterday the two-span
bridge on the Central railroad, near Aguas, Ca-
lientes. fell with a construction train of eighteen
cars and two engines. Engineers Dileney, Hopkins
and three Mexicans were killed. The train com-
plere is a wreck. The delay to construction is
slight. ^
"Sough on Corns."
Ask for Wells's 4* Rough on Corns." 15c. Quick,
complete, permanent cure. Corns, warts, bunions.
he made preferred creditors over citizens where
claims were equally as just. The motion finally
prevailed and the council adjourned to go into
executive session.
Professor Allen Curr lectures here to-morrow
evening at Lyceum hall under the auspices of the
Lyceum upon the French revolutiou. In conse-
quence of this the regular rehearsal
«f the Lyceum wiil be deferred until
Thursday "evening. On the following
Thursday, October 25. the first debate of the season
will take place in the Lyceum, when the subject of
discussion will be: Would the Conferr.ng of Suf-
frage upon Women Condube to the Purity of the
Ballot? The affirmative Will be argued by Colonel
J. G. Tracy and Mr. M. \\ . Connelly, and the nega-
tive by Major D. L. MeGary and Mr. John A. Kir-
licks. Other attractions will make up an attractive
evening's^entertainment. An original satire, writ-
ten by a young Houstonian of pronounced literary
ability, will be among the literary features. Great
satisfaction is expressed that the Lveeum has for
another season resumed its usual career.
Mr. C. F. I>ange, representing the Anheuser beer
here, yesterday presented a keg to the Houston
fire department and an enjoyable time was had
over it at rhe engine-house of Stonewall No. 3,
where resolutions were passed thanking Mr. Lange
for the compliment.
At the Church of the Annunciation Yesterday
morning proclamation was made "of the'marriage
to be solemnized this week between a lady and gen-
tleman who never saw each other. The parents of
the j'oung couple were friends in Paris many years
ago aud the young folks, through their parents,
were betrothed while they were in their cradles.
As they grew up they were apprised of the fact of
their betrothal and begun a correspondence and
an interchange of photographs, and now the court-
ship that has been carried on over the broad wa-
ters is to be consummated at the altar.
Mrs. Wm. Christian, wife of Captain Wm.
Christian, of the cotton department of the establish-
ment of T. W. House, died here to-night at 5:30
o'clock, after an illness of about four weeks. The
deceased leaves a large circle of friends, who will
mourn her loss. Only about a mouth ago her
sister, Miss Winnie, departed this life, and the
breaved family is indeed deserving sympathy.
On a telegraph message announcing the severe
illness of his brother. Marshal Wichman left yester-
day for Spring, on the International and Great
N orthern.
DOMESTIC DISPATCHES.
ETS5IS OF NEWS FROM DIF-
FERENT DIRECTIONS.
If you want the finest and "best whisky ever made, "call for oar finest brandTjyFD;
OLD BROOKFIELD.
Cicars, our celebrated Key West LA ROSAS surpasses anything ever oiiV?"^5
In
to the trade.
KING £ DAVIDSON.
THE CIVIL RIGHTS ACT
CONSIDERED IN THE SUPREME
COURT.
Question of Constitutionality—Scope
of the legislative Power of Congress
—Florida Election Case.
Washington, October 15.—A decision was ren-
dered by the Supreme Court of the United States,
to-day, in five civil rights cases based on the first
and second sections of the civil rights act. They
are respectively prosecutions under the act for not
admitting certain colored persons to equal accom-
modations and privileges in inns or hotels, in rail
road cars and theaters. The court holds that Con-
gress had no constitutional authority to pass the
sections in question, uutler either the thirteenth or
fourteenth amendment to the constitution. The
decision, however, is held to apply only to the
validity in States and not in Territories or the Dis-
grand jury under that section was not raised in
due time, that tiie remaining questions namely,
whether judgment in court could be rendered
aga.ust defendants or the indictment found by the
grand jury impar-eled and swore under the sections
aforesaid, and wkether the indictment aforesaid
charts any offeuses for which judgment could be
rendered ujraiust defendants in this^couiT under
the constitution and laws of the Uuited States
should be answered in the affirmative.
Opinion oy Justice Brxdley.
railway""REPORT.
Market Report—Court Kfotes and Real
Estate Transfers, Etc.
TSpecial Telegram lo The News.l
Houston, October 15.—The cotton market closed
easy at 1-J6c oft. Sales, 69 bales. Quotations:
Ordinary, 8 7 16c; good ordiuary, 9 7-ldc; low
middling, 9 15-I6c; middling, Id 5-16c; good mid-
dling lGj^c: middling fair, i'j 11-ltic.
Visited the Cotton Exchange and Board of Trade
to-day: Wm. Hill, Henderson; A. M. De Jaunette,
Tyler; E. A. Brackney. Luling; T. T. White, New
Orleans; W. F. Holeomb, liiling: John Orchard,
Luling: John Martin, Paris,Texas; Sam Kirkman,
crop statistician. 3Iemphis.
The following were Houston's net cotton receipts
to-day by rail: Per Houston and Texas Central rail-
way, 2c72 bales: p«r Interuatianal end Great North-
ern railway, 554; Galveston, Ilarrisburg and
S*n Antonio railway. 588 bales; per Houston,
East and West Texas railway. S7 bales: per
Gulf, Colorado and Santa Fe railway, 55 bales.
Total, 3556 bales.
The following is a summary of the court pro-
ceedings in the different tribunals to-day : In the
Criminal Court G. W. Leslie, on the charge of
theft, was found not guilty, and Amanda Johnson,
on a similar charge, was givsn three years in the
penitentiary.
In Justice Bringhurst's coirt, H. O. Gordon, on
the ih*rge of disturbing rhe peace, was dismissed.
Iu the Mayor's Court, Dick Fletcher, for being
drunk aud disorderly, was fined $3, and B. Cunning-
ham. for being drunk and finable to take care of
himself, was fined $5.
There were no cases disposed of in Justice An-
ders's ceuri.
The following real estste transfers were filed to-
dav for record in the couhtyclerk's office:
E. W. Hope et al. to E. !\fa,t,her, lot 3, in block 8.
Senechal addition, south side Buffalo bayou, city
of Houston, for S250.
W. H Lay tin and wife to J. Breeding, lot 3,
in block 3*4, south side Buffi-lo bayou, city of Hous-
ton. for $1000.
A. H. Bean to H. D. Bean, nterest in H. Jackson
and J. Irans survey, Harris county, $1600.
Mr. Chas. R. Gentry, who died here yesterday,
was burled to- lay at 11 a. m, from the family resi-
dence. The debeased was tie son of the late «.'olouel
A. M. Gentry, aud at one tine represented nis ward
in the aldermanic board. He was of a generous,
genial disposition, popular among his friends, and
of an extended acquaintance. Consumption was
the cause of his death.
The City Council met this afternoon in regular
session, with a full board present except Alderman
Cleveland.
A petition was read from a number of citizens
complaining of the barrel house on Congress street
as a nuisance, and asking that as such it be abated.
Referred to the police committee.
From B. A. Reisner. asking to build a fire-proof
building ou lots 1 and", block 1. Referred to the
lire committee with power to act.
Fiom a number of citizens asking that the
Louisiana street foot bridge be repaired. Referred
to the street and bridge committee.
From Henry S. Fox, J. H. Scanlan, Jacob Binz
and C. Albrecht, asking for ri»ht-of-way for a new
street railway over the following streets and
thoroughfares:
San Jacinto street from Buffalo bayou to Mc-
Gowen street, McGoweu street to Milam, Gray
from Sau Jacinto to Milam, Texas avenue from
San Jacinto to Milam, Me Kinney from Sau Jaciuto
to a connection with the Sau Felipe road, and out
the San Felipe road to the city limits; Fannin
from Buffalo bayou to the eitv limits, Commerce
from Fannin to the city limits. Preston from 3Iilam
to the city limits east. West Broadway from Com-
merce to the city limits south. La Branch from
Commerce to city limits south, Franklin from
Buffalo bayou to city limits. New Or-
leans avenue from Montgomery street
*ts entire length, Libertv road throughout
its entire length. Chapman from Liberty road to
New Orleans avenue. Liberty road over such
avenues and streets as lie between said road and
the bavou as may now or hereafter be opened as reg-
ular highways to the iine of the international aud
Great Northern railroad or Carr street, thence to
New Orlaens avenue, or along West street to a con-
nection with said street railway svstems south of
Liberty street aud between the same and Buffalo
bayou; Travis street to Conjress, Willow its entire
length to the south intersection and northern ter-
minus of what is known as San Jacinto street
bridge. Walnut to its intersection with Liberty
road, Wood street to its intersection with Mont-
gomery avenue, Yiue street its entire length, Mont-
gomery avenue its entire length.
Alderman Kennedy said he thought it the inten-
tion of the petitioners to rule or ruin, and he did
not think they had any idea of building a sU*eet
railroad.
Alderman Meyer said tliey had at least offered to
pay liberally for a franchise, whether they were in
good faith or not, and he thought they should be
treated respectfully, and shown the same consid-
eration accorded the other applicants for the fran-
chise.
The petition was finally referred to a special com-
mittee, consisting of Aldermen Curtin, Little and
House.
E. C. Warthe petitioned that the city refund him
$40 which he claimed he had overpaid in his tax
account, or else the amount be credited to his tax
account. Referred to the finance committee.
The finance, market and police committee re-
turned the September reports of the different offi-
cers. Approved and reports adopted.
The police committee also returned the petition
of H. O. Gordon, complaining of being ill-treated
by Police Officer Green, stating that the matter
had been investigated and it was found that Officer
Green was not acting in hti official capacity when
he assaulted the petitioner, and that he had alreadv
been fined in the courts, a;id they recommended
that the council take no acLion in the matter. The
report was adopted.
The ordinance committee returned the ordinance
granting police power to the Farrell Detective
agency. Approved, and the report adopted. The
same committee also returned the ordinance of
Alderman Flynn, introduced at the April meeting,
prohibiting bathing in Buffalo Bayou in the city
limits, especially above the waterworks dam,
suggesting that an ordinance in effect the same was
alre.«dy in existence.
The ordinance committee returned the ordinance
granting the Houston City Street Railway com-
pauy a franchise over Miiu and other streets,
recommending the followibg amendments: That
the city not grant with excttsive right, as had been
decided by the courts; that such a franchise was
invalid; that the railroad company be required to
pay one-half the expense ot keeping the bridges,
over which the road would run. in repair and
lighted; that the franchise ae granted for a period
of twenty shears iustead of fifty 3'ears, and that the
company would have to avail themselves of it with-
two years and not remove anv track already
down. Alderman Thomas moved to adopt the
report. Alderman Meyer thought the other parties
petitioning tor a franchise siiould be shownjequal
consideration; that the comauttee should have also
reported upon their petitiom, which was referred to
them at the last meeting, Messrs. Fox. Scanlan
and others had offered a consideration for the fran-
chise, and he thought if tlay were old and promi-
nent citizents their claim was worthy of more con-
sideration. Alderman Shaw, as chairman of the
ordinance committee, saii he had not reported
upon the other petition, as he had been informed
that the same parties would have an amended pe-
tition to submit to the present meeting. There-
port amending the ordinance was adopted.
Alderman Kennedy moved that the city engineer
make a survey of the property in the First ward,
near Washington and Tenth streets, where the lat-
ter is obstructed, and see vhat arrangements cau
be made to open the thoroughfare. Property-
holders are now obstructing Tenth street, but to
move their lot fence lines they would have to go
on to Washington street, where their lots run. The
motion or Alderman Kennedy also suggested some
compromise of the matter with property-holders.
Th« motion prevailed.
Mayor Baicer, as a committee to draw up a con-
tract with the Electric Light company, reported
oue by which within four months from date the
Electric Light company is to have placed on the
streets in the city, at suck places as the council
may designate, thirty-two electric lights, with all
the necessary appurtbnenc4s. The lights are to
burn each night from dark to daylight, except
when the moon shines, then the lights are to burn
at nigut up to the time the moon rises, and after it
sets until daylight. The city is to pay 50 cents per
light per niglit or part of the night that the light
burns. Payments to bo xiade monthly and the
duration of the contract to be for a period of five
years.
Aldermen Meyer and Curtin objected to the dura-
tion of the contract, favoring a smaller period of
time as they thought it rather expensive for an ex-
periment. The mayor .stated that the electric
light company would not enter into a contract for
a less time than five years. they would have to
go to the expense of ordering new machinery at
c :st of about $20,000. The dght to be used is the
United S:alesarc light.
Alderman Flynn moved to make the contract
for one year, but the motion was lost. Alderman
Meyer said at the last meeting, when the question
came up. it was argued against him that the elec-
tric lights would net cost the city more than $7600
psr annum, but he had since learned that he was
correct in placing the estimate at about f?0?0.
Mayor Baker stated that the cost would be
per annum. On a vote the contract was adopted
and the electric light question was finally settled.
During the argument pending the fiual vote. Alder
man Shaw stated that the Gaslight compauy would
place 450 lights upon the streets at the same co<t,
but would not a^ree to place them other than
where their main now extended.
The ordinance granting police powers to the Far-
rell detective agency returned by the ordinance
committee wr»s taken up ou its final reading, and
being amended so the officers should be nuder the
direction ot the city marshal, it was parsed.
The ordinance as amended granting franchise to
the Houston City Street Railway opmpanv was
then taken up aud placed on its sj^ond reading,
and took the regular course under rCe rules.
Alderman FIrn moved that a disorderly house in
the Second ward, run by a colored cyprian named
Lena Tinsel, be declared a nuisance by the council
and abated by the marshal. Carried.
Alderman Meyer moved that the finance com
rairtee be instructed to investigate the claim
against the city created by the former council, and
held by citizens, and see what provisions could be
made for paying them. As one of the first acts of
the present council was to repudiate all debts con
tracted by the preceding board, the motion created
considerable discussion. The argument in opposi-
tion being that the city, no more than an individ
ual, should be expected to pay debts
barred by limitation. Alderman Meyer held
that his motion did not contemplate the payment
of the claims but merely an investigation of them
and a report of the city's anility to pay. He thought
it a hardship that Northern "bondholders should
Butler's Letter of Acceptance.
Boston, October 15.—Governor Butler has written
letters accepting the nomination for governor of
tb<* National Greenback Labor party of Massachu-
setts. The action, he says, affords him much
pleasure as a mark of appreciation of his labor in
behalf of Greentackers and laboring men.
'1 he greenback, he says, has become absolutely
currency. Uniua States government certificates
and every postal note are essentially greenbacks,
tl.at is, paper currency ba*ed on the guarantee of
the nation's good faith. True, a part of that cur-
rency is gold and silver, and is in my judgment use
lessly piled up in the vaults of the treasury, but if
that was taken away, still a note of the United
States will be just as good.
Upon that question the Greenbackers have won
their fi^ht after a long and severe struggle, com-
mence! in obloquy and ending ia victory. Partyistn
has a higher and nobler mission before it of estab-
lishing relations between labor an 1 capital, which
shall ue just and equitable to both of restraining
lawful monopolies, such as transportation of
freight and passengers within the purpose of aud
for which they received the sanction of law.
Organizatious under the form of law which give
auy undue advantages by which the rich were
made richer and the poor poorer, ought to be stern-
ly dealt with. A few years ago our currency and
our public debt was such a contrivance.
Let us abolish aii other contrivances, such as
watering stocks, bogus mortgages on railroads, and
fictitious valuations of property of incorporated
compauies, by which money, without the proper
equivalent for it, is taken from one and given to
another. We are not euemies of honest capital.
Wo are its friends because if capital suffers itself
to beeome the oppressor of an educated, intelligent
and free people, such oppressors will be surely
swept away, and who shall say that in such a esse
it ought not to be?
False Race Dispatches.
New York. October 15.—The tapping of the
wires of the Western Union Telegraph company
Saturday, by means of which bogus dispatches
were sent all over the country announcing false
results of the Jerome park races, and through
which nearly $100,000 was lost by pool-sellers
throughout the United States, remains as much of
a mystery as ever. The Western Union is having a
strict inquiry made into the affair, and if the guilty
parties are discovered they will be prosecuted to
the full extent of the law. Pool-sellers, or em-
ployes of sellers, are believed to have planned the
fraud.
Suit & g-ainst a Bankrupt Estate.
Philadelphia, October 15.—In the suit of the
United States against the bankrupt estate of Jay
Cooke Co., to recover on two $3* 0 and $1000
7.30 United States treasury notes, the verdict, by
order of the court, v.as rendered to-dav in the
United States Circuit Court in favor of defendant.
he notes had been purchased by Jay Cooke &
Co., and redeemed from theiu by the government.
It was afterward discovered they had been stolen
and the indorsements forged. The United States
treasury department, however, were negligent in
not informing Jay Cooke &Co. of this fact. Hence
the court decided the verdict for defendant.
Under Arrest.
Albany, October 15. — Frank Sherwin. lately
president of the Maxwell Laud Grant company,
was put under arrest to-day in an action begun at
the iiibtauce of the stockholders of that concern, all
»t" whem are Dutchmen, living iu Amsterdam,
Netherlands.
Justice Donohue, of New York, issued the order
of arrest, and fixed the bail at $75,000. Sherwin is
harged with having converted to his own use ISO
bonds of the original company, each valued at
£100. These were iutrasted to" him by the com-
pany, with which to pay mortgages 011 a tract in
New Mcxico aud Colorado, which he had under
aken to reclaim from their clouded titles.
Fanic on a Boat.
Boston, October 25.—The steamer Julia, a small
boat chartered to convey passengers for Provi-
dence via the Stonington line, attempted to enter
Stonington harbor Sunday morning, and ran
ashore, knocking a hole iu the bottom and causing
a pauic among a large number of passengers.
Many donned life-preservers and prepared to jump
overboard. Order was restored, and by small boats
and a revenue cutter, the passengers were landed
at Stonington. No one was injured. The boat was
badly damaged.
The Commission Business.
Chicago, October 15.—The officials of the Penn-
sylvania compauy deny that the resumption of
payment commissions by that company means
high commission rates so as eventually to precipi-
tate a war and cause a stopping of payment of
commissions entirely. They claim they have no
such purpose, but intend to pay about the same
rates as their competitors iu order to secure their
Droportion of business, and that they intend to
stay in the commission field indefiinitely, believing
it necessary iu order to secure their share of busi-
ness.
Alleged Gambling- Cases.
Philadelphia, October 15.—The hearing in the
case of James McColgan, pool-room proprietor,
charged by the owner of the buiiding. 604 Sansom
street, with carrying on gambling on the premises,
has been postponed, pending a decision brought by
the police authorities, who raided several pool-
rooms and arrested the proprietors and assistants.
The men arraigned to-day agreed to make a test
case of the charge against F. Harstmyer and abide
by the court's decision upon a writ of habeas cor-
pus, returnable Friday.
Conductors' Convention.
Kansas City, October 15.—The sixteenth 'annual
convention 01 railroad conductors of the United
States and Canada opens here to morrow. A large
number of conductors have arrived. It is expect-
ed that between 300 and 400 will attend on Satur-
day. Au excursion will be made to Leavenworth
City and the fort, and on Sunday morning a large
number will leave by special train for a trip
through Colorado, going first to Denver and return-
ing by the Southern route to St. Louis ..the last of
the month.
General Pryor's Denial.
New York, October 15.—General Roger A. Pryor
sends the following: cable:
lo Patrick Ford: The rumor that I have advised
againt further subscription in O'Douneil's defense
is utterly untrue. The friends of the prisoner
must be on their guard against malicious reports.
Money is much needed to defray the expenses of
witnesses from distant parts and for other neces-
sary outlay. We are rightiug to postpone the trial
till the middle of November.
Governor Crittenden.
St. Louis, October 15.—Governor Crittenden and
wife arrived here this morning from Lexington.
Ky. He onlv staid here a short time, leaving at 9
o'clock for Jefferson City. He was questioned by
a reporter on gambling developments, but declined
to say what he intended to do or vouchsafe any ex-
planation. He said, however, that he would go be-
fore the present grand jury voluntarily as a wit-
ness, aud had so notified the circuit attorney.
The Brewton Epidemic.
Mobile, October 15.—Since Saturday night there
have been five deaths and five new cases at Brew-
ton. Fever experts have arrived, but no decision
is reached as to the nature of the disease. Among
the deaths is Rev. R. P. Baker, Methodist minister,
who has done such noble service since the disease
became epidemic.
Excitement at Texarkana.
Little Rock, October 15.—Considerable excite-
ment has just been created at Texarkana by the
filing of title deeds in the name of Joseph T. and
John C. Kirley to 241 acres of land, including most
of the land on which the Arkansas side of Texar-
kana is built. Saturday, J. N. Smithee, of Little
Rock, went down and filed the deeds under an old
swap laud grant, and It is understood suit for pos
session will soon begin.
Directors Elected.
Cincinnati October 15.—Interest in the election
of three directors of the Ohio aud Mississispi rail
road terminated to-day by a compromise, tne di-
rectors elected being Robert Garrett, Edward
Whittaker and James H. Smith. This is the ticket
which the Baltimore and Ohio interest in the be-
ginning claimed had been agged on by the London
committee of shareholders.
Purg-ed of Contempt.
New York, October 15.—Frame R. Sherwin, ar-
rested iu Chicago in proceedings growing out of a
defalcation in the state treasurer's office, has sub-
mitted to the custody of the court at Albany and
been purged of contempt by the courts here.
THE TURF.
SHOWING
OT THE
LINES.
PACIFIC
EE
=1
... 10
8
5
7 9
Fall SVIeeting: at Point Breeze Park.
Philadelphia. October 15.—First clay of the fall
meeting. Point Breeze park:
SUMMARIES.
Three-minute class—
Maud t 1 1 1
Hospidar 4 «
Pilot Boy 2 4
Knox..." 3 3
Nellie Tyler, distauced; Champion Wilkes, dis-
tanced.
Time—2.41>£, 2.4 % 2.41
'.30 class-
May liower
Alice Blackwood
Mollio Mack
Frankea Patchen
Tom Meckley 7 2 5 4
Mamie Kirnau 3 7 C 3
Brown Belly 9 5 4
Juno (j 10 11
Maud Pecher 11 S
Rutland S 11 10 10
Emma C 5 6 9dr
Blanche Medium 12 dist.
Time—2.3014. 2.30'^. 2.31J4, 2.31%.
Sport at Brighton Beach.
Brighton Beacs, October 15.—Purse Race—Maid
ens. all ages. thr?e-fourths mile*4«Joe won easily,
Fionirt second. Gray Bonnet third. Time—1.2fJ4.
Selling Allowances—Three-fourth mile; Mon-
tauk won, Frank E. second, Lena third. Time—
1.18&
Selling Allowances—One mile; Babcock won
Hatachimie second, Clarence third. Time—1.49&.
Handicap—All ages, one mile and one-eighth;
Brunswick won; Centennial second, Joe Cooper
tnird. Time—2.03J4-
Welter-weights—seven furlongs; Harry Mann
won. Roy S. Cluke second, Joe Murray third. Time
—1.37.
French pools paid $147.
All Ages—One mile; Little Fred won, Faugh-a-
ballagh second, Baron Faverot third. Time—
i.48^4.
The Pope vs. Freemasonry.
Montreal, Oct«bei*l5.—Manager Fabre has been
informed by Cardinal Simeoni, at Rome, that the
pope had appointed Manager Henri Surewelders
counselor of the Sacred college, apostolic delegate
to inquire into the charges made against Laval
university of being a hot-bed of Freemasonry, pro-
fessors and students alike being stated to belong to
the order.
A pure strengthening tonic, free from whisky
and alcohol; cures dyspepsia and similar diseases.
It has never been equaled. Brown's Iron Bitters
trict of Columbia, where the legislative power uf
Congress is unlimited, so far as statutes are con-
cerned.
The two sections of law above referred to are de-
clared unconstitutional and void.
justice Bradlev rendered the opinion. Justice
Harlan dissenting.
Particulars of the Decision.
Washington. October 15.—The most important
decision rendered by the Supreme Court of the
United States to-day was that in the five casts
commonly known as the civil rights cases, which
were submitted to the court on printed arguments
about a year ago.
The titles of these cases and the States from
which they came are as follows:
No. 1.—The United Stares against Murrav Stan-
ley. from the United States Circuit Court, District
of Kansas.
No. 2.—The United States against Michael Ryan,
from the United States Circuit Court for the Dis-
trict of California.
No. 3.—The United States against Samuel Nicho-
las. from the United States Circuit Court for the
Western District of Missouri.
No. 26.—'The United States against Samuel D.
Singleton, from the United States Circuit Court for
the Southern District of New York.
No. 28.—Richard A. Robinson and wife against
the Memphis and Charleston Railroad company,
from the United States Circuit Court for the Dis-
trict of Tennessee.
These cases were all based on the first and sec-
ond sections of the civil rights act of 1*75, and
were respectively prosecutions under that act for
not admitting certain colored persons to equal
accommodation aud privileges in inns and hotels,
in railroad cars and in theaters. The defense set
up in every case was the alleged unconstitution-
ality of the law.
The first and second sections of the act, which
were the parts directly in controversy, are as fol-
lows:
.Section 1. That all persons within the jurisdic-
tion of the United States shall be entitled to the
fulLasid equal onjoyment of the accommodations,
ad van'.ages, facilities and privileges in inns, public
conveyances, on land and water, theaters and
other places of public amusement, subject only to
the conditions and limuarions established by law,
and applicable alike to citizens of every race and
color, regardless of any previous condition or ser-
vitude.
The second section provides that any person who
violates the first section shall bo liable i<j at'orfeit
of $"nj for each offense, to be recovered iu a civil
action, and also to a penalty from $500 io$10T0
fine or imprisonment of thirty days to a year, to
be enforced in criminal prosecution. Exclusi
jurisdiction is giveu to the District and Circuit
Oourts cf the United States in cases arising uuder
this la.v.
The rights and privilegus claimed 'oy, and denied
to colored persons In these cases, were full and
equal accommodations iu hotels, in ladies' cars on
railway trains and in the dress circle in theaters.
The court, in a long and carefully prepared
opinion by Justice Bradley, holds:
1. That Congress had no constitutional authority
to pass the sections iu question, uuder either the
thirteenth or fourteenth amendment to the consti-
tution.
2. That the fourteenth amendment is prohibitory
upon States onlv. aud that legislation authorized
to be adopted by Congress for enforcing that
amendment is not direct legislation, as matters re-
specting which States are prohibited from making
or enforcing certain laws ordaining a certain act,
but is corrective legislation, necessary or proper
for counteracting and re Jressing the effect of such
law or acts. That in forbidding States, for example,
to deprive any person of life, liberty or propertv
without due process of law, and giving Congress
power to enforce the prohibition, it was riot intend-
ed to give Congress the power to provide due pro-
cess of law for the protection of life, liberty and
property, which would embrace almost all subjects
of legislation, but to provide modes of redress for
counteracting the operation and effect of State
laws obnoxious to prohibition.
3. That the thirteenth amendment gives no
power to Congress to pass the sections referred to,
because that amendment relates only to slavery
and involuntary servitude, which it abolishes and
gives Congress the power to pass laws for its en
forcement; that this power only extends to the
subject matter of the amendment itself, namely:
slavery and involuntary servitude and tiie
necessary incidents aud consequences of these
conditions;} that it has nothing to do with
different races or colors, but only
refers to slavery, the legal equality of different
races and classes of citizens being provided for in
the fourteenth amendment, which prohibits States
from doing anything to interfere with such equali-
ty; that it is not an infrinv» uent of the thirteenth
amendment to refuse to any pen-on equal accom-
modation and privileges in an inn or place of pub-
lic entertainment, however it may be a violation of
his equal rights; that it imposes upon him no badge
of slavery or involuntary servitude which imply
some sort of subjection of one person to another
and incapacity incident thereto, such as the inabili-
ty to hold property, to make contracts, to be par-
ties in court, etc., and that if the original civil
rights act which abolished these incapacities might
be supported by the thirteenth amendment, it does
not therefore follow that the act of 1S77 can be sup-
ported by it.
4. That this decision affects only validity in states
and not in territories or the District of Columbia,
where the legislative power of Congress is un-
limited, and it does not undertake to decide what
Congress might or might not do under the power
to regulate commerce with foreign nations, and
amongst several states, the law not beiug drawn
with auy such view.
That, therefore, it is the opinion of the court
that the first and second sections of the act of Con-
gress, March 1st, 1877, entitled, " An act to protect
all citizens in their civil and legal rights," are
unconstitutional and void, aud judgment should be
endered upon the indictments accordingly.
At the conclusion of the leading of Justice
Bradley's opinion, which occupied more than au
hour, Justice Harlan said: Under ordinary cir-
cumstances and in au ordinary case he should
hesitate to set up his individual opinion in oppo-
sition to that of his eight colleagues, but in view
of what he thought, the people of this country
wished to accomplish what they tried to accom-
plish, and what they believed* they had accom-
plished by means of this litigation, he must ex-
press his dissent from the opinion of the court. He
lad not had time since the hearing of that
opinion to prepare a statement of the grounds of
his dissent, but he would prepare aud file one as
soon as possible, and in the meantime he desired
to put upon record this expression of his indi-
vidual judgment.
Florida Election Case.
Washington, October 15.—Another interesting
case, involving war legislation was also decided by
the court to-day—namely, the case of the United
States against Edward T. Gale and Wm. S. Gibson,
brought here on certificate of division from the Cir-
cuit Court of the United States for the District of
Florida.
This was a suit against the supervisor and clerk
of election of district No. S, in Marion --©unty,
Florida, on occasion of the election of a congres-
sional representative in 187S. The indictment
charges the defendants with misconduct at the
election of officers in stuffing the ballot-boxes with
fraudulent tickets and abstracting the tickets
which had been voted.
The defense was that sections £512 snd 5515, Re-
vised Statutes, upon which the mdictmeat was
based, and section 820, under which .was chosen the
grand jury by which the indictment was found,
were unconstitutional, and the verdict of the court
disposes of the first part of the defense very briefly
by saying that the question of the validity of sec
tions 5512 and 5515 had already been decided by the
court, iu the case of Siebald aud Clarke (100 U. S .
371, 399), and was determined in favor of their va-
lidity.
Section 820, upon which the second part of the
defense was based, contains a statement of th»
causes for the disqualification and challenge of
grand and petit jurors in the courts of the United
States, as follows:
Without duress and coercion to have taken up
arms, or to have joined the insurrection or rebel-
lion against the United States; to have adhere! to
any insurrection or rebellion, giving it aid and coin-
fort* etc.
In impaneling the grand jurv which found the
indictment against the defendants, four persons,
otherwise competent, were excluded from the
Dane! for causes mentioned in this section. The
court, after a review of the circumstances as shown
by tiie record, declines to decide whether section
SA) is valid or not, for the reasou that objection
to the constitution of the grand jury uuder
that section was not raised in due time. The court,
however, gives a brief history of this law excluding
from juries persous wuo took part in the late in-
surrection and comments upon it as follows:
It may be proper to call attention to the siugular
position of this section (section S2U). It was origin-
ally enacted as section 1 of the act passed June 17,
1862, entitled an act defining different causes of
challenge, and prescribing an additional oath for
grand and petit jurors in the United States
Court. At that time (1862) it was no
doubt a very proper and necessary law : but after
the rehabilitation of the insurgent states an ! the pro-
clamation of general annuity, and the adoption of
the fourteenth amendn&int. guaranteeing equal
rights to all citizens of the United States, there
would seem to have been no just reason for the
continuance of the law, especial'y as by far the
Ingest portion of the citizens i£ rhe states lately
in rebellion would be disqualified under it.
Accordingly by the fiftieth section of the act com
monly called the inforcement act, passed April 20,
1871, Congress. *fter providing that in prosecu
tions under that act no person should be a grand
or petit juror who should, in the judgment of the
court, be in complicity w ith any combination or
conspiracy punishable by provisions thereof.
The law remained in this state until the
adoption of the Revised Statutes. For some unex
plainable reason the revisers reported the section
bacK into the Revised Statutes as section 820, al-
though it had not been in force for more than two
years. It is probable the fact of the repeal
was overlooked by Congress when the revision was
adopted, and it is to be hoped their attention will
be called to it.
The questions certified by the court below are
answered by this court as follows:
• It is the opinion of this court, and it is so decided,
that the question whether 5512 and 5515, Revised
Statutes of the United States, are repugnant and in
violation of the Constitution of the United States,
should be answered in the negative . and that the
question as to the validity of section 820 of said Re
vised Statutes is unnecessary to be decided.
Inasmuch as objection to the constitution of the
Commissioner's Official Report to the
Government, Including- the Southern
Pacific—•-Financial Condition and
Statistics.
Washington, October 15.—The report of Com-
missioner Armstrong, transmitted to the secretary
of the interior to day, noies a marked improvement
in the method of accounting and reporting to his
office by several railroaas.
Particular attention is called to the decision of
Comptroller Lawrence in relation to withholding
payments for transportation for the government
by roads which have not been subsidized with
bonds.
He reports that the properties of several railroads
coming within the jurisdiction of the bureau are
well maintained, aud that while the traffic on these
increasing in volume, tbe rates
roads is steadily
charged are gradually decreasing.
i he total indebtedness of the several subsidized
Pacific railroads to the United States, June 30,1883,
is as follows:
Union Pacific including Kansas Pacific).$ C4,026,695
Central Pacific (including Western Pa-
cific! 52.076.4S4
Sioux City and Pacific .. 3,092.617
Central branch of the Union Pacific 3,149.80$
Total $123,345,605
The total credit on account of transponion ser-
vice performed and money paid into the treasury
is as follows:
Union Pacific $13,535,040
Central Pacific 7,^.813
Sioux City and Pacific 21,355
Central Brauch, Union Pacific 159.0S4
Total $21,469,292
Balance ia favor of the United States, but not due
until the maturity of the principal in 1895, $99,102,-
6.312.
The report shows that tbe Central Pacific has in
the treasury, to the credit of the sinkiug fund,
$2,4*4,01. and Union Pacific $1,632 697. The repori
regards the sinking fund as a failure on account ot
lack of suitable investment.
The commissioner recommends the appointment
of a commission to Investigate and report to Con-
gress all questions relating to the establishment of
transportation rates over or upon railroads within
tne I'nited States so far as they relate u. interstate
commerce.
The commissioner presents elaborate tables
showing the couditiox of the various roads June
30, 1883.
Of the Centr*! Pacific company he reports that,
while the tonnage and number of passengers car-
ried were greater ia than in 1S31, the revenue
from these sources has beou nearly $500 lo*s per
mile th«n in 1SS1, indicating a clear reduction in
pas?enger an J freight rate*.
With respect to the Union Pacific Railway com-
pany, he reports the main line, from Omaha to
Ogden, ali laid with steel rails, aud that the grades
and curvatures have been reduced an#, a lar»e
amount; of ballast has noen laid. The Kansas
division of the mam liue. 6B9 miles, from Kansas
Citv to Denver, has 440 miles Qf steel rail.
The business of the company is increasing, and
its financial affairs are in good condit ion. The 25
percentum net earnings of the subsidized portion
of the road for the vear ended December 31, 1352,
amount to $2,032,312. Transportation services reu
dered by the company to rhe government amount-
ed to $1,139,709, ali of which was withheld, and this,
with a balance of $66,606. found to be due the K*u
sas division on a settle wont of the > percent um
net earnings for the same period, aggregates $1,-
206,405, leaving a balauce due the United States of
$825,907, of wnich pavment was demanded April
21, 1883.
The matter of the claim bv the company for a
deduction of $382,830 expended for new c'onstruc-
and equipment from the gross earnings of the road
has been referred to the attorney-general, with a
request tha6 proceedings be instituted with a view
to obtaining judgment for whatever amount may
be found due the government, and to ascertaining
judicially the proper construction of section 1 of
the act of 1878.
With respect to the Northern Pacific railroad, he
reports that it has beeu completed with remarkable
vigor and success. The air line has been iuspected
and found to be very thoroughly constructed. The
company has acquired by United States patent
740.063 acres of laud; by certification by United
States land office, not patented, 5.583,035 ; earned
but not certified, 25,000,000 ; making a total of land
grants earned by the compauy to June 30, 1883,
31,323,089 acres. The company bad disposed of
4,539,743 acres to June 20. 1883. for $15,593,156.
On the Southern Pacific Railroad company he re-
ports that the whole length of the road from
Francisco to New Orleans is generally well built,but
in places will require improvement. The several t
roads are beiug brought as rapidly as possible un- ^
der one consolidated management, and the
company express the iutention of making both the
road and equipments that class in every respect.
1 he commissioner closes the report with there-
commendation that the government authorize the
construction of a railroad throuah Yellowstone
park. Upon this subject ue says that if a railroad
be authorized nought not to be a monopoly ot any-
one of the great parties in interest; and any charter
granted for the construction of such a road should
contain a prevision by which the North-
ern Central and Union Pacific railroads and
National Park Improvement company should be
equaily interested In the construction aud the
management the road, which should be vested in
ten directories, two to be appointed by Uie presi-
dent to represent the government, and two lj»
each of the companies earned. Charsr*3 for
traffic should be subject to the supervision of the
secretary of the interior. The most direct route
for such a road would bo along the northern border
of the park. _
CBTTSHED BY TE2 CAKS.
Fatal Railway Accident—One Man
Killed.
Pittsburgh, Penn., October 15.—While JohnBley
and Jatnes Maloney. two switchmen, were repair,
ing damage to a freight car aitached to a train
standing at Slerry station, on the Pennsylvania
railroad, yesterday, the engineer started tbe train,
not being aware of their presence uuder the car.
Bley was crushed and mangled beyond recognition,
and died instantly. Maloney was crushed against
the tender of the engine, his ss*lp almost toia
from the head aud one arm and leg broken. The
itaiu was quickly stopped and Maloney carried ta
th« engine and laid upon the floor.
The train men then started for Bley's remains.
All were carrying them toward the engine, when
they were horror-stricken to see Maloney, crazed
with pain, suddenly jump up and throw the valve
wide open. The engine started with fearful ra-
pidity down grade. When Latrobe was reached,
six miles from tne scene of the accident, Maloney
closed the valve and fell unconscious to the floor of
the cab. He was picked up and taken to the hos-
pital. where he is at present, with very slight hope*
vf recovery.
THE INTERNATIONALS.
Meeting- of tho Socialistic Association
—Communistic Utterances.
Pittsburgh. Pa.. October 15.—The International
Socialistic Worsinsmen's association resumed it2
session this morning, only fifteen delegates beinjf
present. Letters of encouragement and congratu-
lation wer# read from Mexico, London, Geruiauy,
Russia and Paris. The nihilists congratulated the
society on its past success and gave it their heart*
felt sympathy for the future. Papers were readl
from" Milwaukee, New York, Chicago, ltaliimore,
it. Louis, St. Joseph, Omaha, Salinesville aud Cali*
ornia.
Chicago advised a more harmonious system oC
organization than there heretofore had been, so a$
to secure more effective work.
California urged the society to use the utmost en-
deavors to form an organization over the country
aud prepare for the coming conflict, having every*
thing in readiness to strike at one time, as this
action must be simultaneous all over the world.
Omaha demanded that all present systems oj
government, be abolished and that a general co-
operative system be established throughout the
world.
REWARD
Comes to those Suffering WOMEN who use
Mer's Berliner Tonic
OR BLACK HAW BITTERS.
Composed of Cohosh, Black Haw, Iron,
£rigeron, Cassia, and all the Most
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Cures Painful MENSTRUATION without
fail. Try it and be convinced.
Cares excessive MONTHLY" FLOW in one
or two periods.
Curea Irritation, Inflammation and Ulcera-
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Cures Whites or Leucorrhoea, and all un-
healt hy discharges.
Cnree troubles of the Bladder and Ovaries,
and Falling<®the Womb.
Stimulates Wis Sexual Organs with vigor and
health.
Works Wonders in regulating the worst forms
of Female Complaints.
Strengthens the Mascalar System, and i*
tbe best remedy for a Weak Back.
Arouses into action the Nervous and Debili-
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Stemach
sure a by
Kidney and Urinary Diseases are
COMPLETE TREATMENTS!
A single dose of Sanlord,« Radical Cure
instantly relieves the most violent Sneezing or Head
Colds, clears the head as by magic, stops watery
discharges from the Nose and Eyes, prevents Ring-
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and subdues Chills and Fever. In Chronic Catarrh
it cleanses the nasal passage of foul mucus, restores
the senses of smell, taste and hearing when affect-
ed, frees the head, throat and bronchial tubes of
offensive matter, sweetens and purifies the breath,
stops the cough and arrests the progress of Catarrh
toward Consumption.
One bottle Radical Cure, one box Catarrhal Sol-
vent and Sanford's Inhaler, all in one package,
of all druggists, for $1. Ask for Sanford's Radical
Cure. Potter Drug axo Chemical Co., Boston.
A/*| g For the relief and prevention
Instant it is applied of
\ VOLTAIC/ /Rheumatism. Neuralgia, Sciati-
\c\ \ J . l Jy ca. Coughs, Colds, Weak Back,
\TV\ Stomach and Bowels, Shooting
^ Pains, Numbness. Hysteria, Fe-
^ male Pains, Palpitation, Dyspep-
sia, Liver Complaint, Bilious
/ «^\ Fever, Malaria, and Epidemics,
A 1 rrrai^V\ use Rollins' Plaster!* (an
- ' H |V^\^Electric ttattery combined
^tcQS with a Poru* Plaster) and
1 u laugh at pain. 25c. everywhere.
mi
Saiqtiid Basf Tonic
Affording* Building Material for both
RTerve and Sftuscle.
Strengthening Invigorating Fattening
COLDEN'S LIQUID BEEF TONIC IS PRO-
nounced by scores of physicians,and by thousands
of people who have used it, to be the best known
remedy for Debility. Dvspepsia, Indigestion. Loss
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and many other diseases where tonics are re-
quired—differing essentially from all other Beef
Foods and Tonics. Highlv recommended by Prof.
Sir Erasmus Wilson. F. ti. S., LL. D., of London,
Eng., and generally indorsed by the medical pro-
fession. Guard against counterfeits.
C. N. CRITTENTEN. Gen'l As t, 115 Fulton St., N.Y
Sold wholesale by J. J. SCHOTT & Co., Galves-
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0ZI£n
WEYL
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"o%VRs "THE PARROT BRAND."
1 BITTERS
the best Liver and Kidney Medicine.
BITTERS
;e«
Airti
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BIDDER'S
the best Liver and
BIDDER'S
Cures Biliousneae,
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BUDGER'ULBITTE
Cures Sick Ileadach
dice and Ague Cake
BADGER'S
Cures Biliousneae, Indigestion, Dyspepsia
and Constipation.
V
Cures Sick Headache, Loss of Appetite,
dice and Ague Cake.
Anti- pIT
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nne
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1UPOBTEKS OF LIQUORS AND OCGASS.
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The Galveston Daily News. (Galveston, Tex.), Vol. 42, No. 208, Ed. 1 Tuesday, October 16, 1883, newspaper, October 16, 1883; Galveston, Texas. (https://texashistory.unt.edu/ark:/67531/metapth461616/m1/4/: accessed July 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Abilene Library Consortium.