The Galveston Daily News. (Galveston, Tex.), Vol. 35, No. 49, Ed. 1 Friday, March 5, 1875 Page: 2 of 4
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(Salijcstou Hctos.
Richardson, Hclo & Co., I'roiirietors.
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Address RICHARDSON, BELO & CO.,
Galveston. Texas.
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TRAVELING AGENTS.
Mr. D. RICHARDSON, Mr. J. E. THORN-
TON aud Mr. E. LEV AN are from this date
the only authorized Traveling Agents of the
Nkws office in the State.
RICHARDSON, BELO & CO.
Galveston, October 1, 1874.
INFLEXIBLE RULES.
We cannot notice anonymous communica-
tions. In all cases we require the writer's
name and address, not for publication, but as
a guarantee of good faith.
We cannot, uuder any circumstances, re
turn rejected communications, nor can we
undortake to preserve manuscripts.
Articles written on both sides of a sheet of
paper cannot be accepted for publication.
SUBSCRIBERS
At all postoflloes out of the city must expect
their papers discontinued at the expiration
of the time paid for. Our mailing clerk
knows nobody, and his instructions apply
to all alike.
Look at the printed label on your paper.
The date thereon shows when the subscrip-
tion expires. Forward the money for re-
newal at least two weeks in advance. If you
desire unbroken files.
Friday, March 5,1875.
Virginia City, accepting the inevi-
table, makes the most it can out of it.
There are sixteen faro hanks there,
each of which is licensed at $1080 per
annum.
Clergymen continue to expect large
salaries. One in a Vermont town has
had two bushels of turnips and four
comforters this winter, but yet he
threatens to resign if his salary is not
raised. This rather beats Oliver Twist,
asking for more porridge.
Hon. C. B. Stewart, Hon. Edwin
Waller, Hon. Wm. Menifee, \V. B.
Scates, J. W. Buntoc, Chas. S. Taylor,
A. II. Latimer, 8. W. Blount and W.
C. Crawford are the only surviving
members of the convention which
adopted the declaration of the inde
pendence of Texas on the second day
of March, 1830.
Senator Nye, of Nevada, is labor
ing under a severe visitation of the
jim-jams. While on his way from
Jacksonville, Florida, on Thursday
evening, he jumped from the train at
Richmond, almost naked, and secrctcd
himself in the depot, where he re-
mained until Friday afternoon. He
has been followed by the man with a
poker and a whole forest of red monk-
eys and chicken snakes, for some time
past, and is pretty well subjugated.
Tiie Chicago Times complains that
certain newspaper statesmen in Illinois
estimate the performance of a legisla-
tive assembly as men estimate the ser-
vices of ditch-diggers; that is, as valua-
ble in proportion to tht quantity of work
performed. The Times condemns this
rule, but fails to give the most obvious
objection to it, which is, that the less
these modern Solons do, as a general
rule, the better for the people. The
idea of long sessions and but little
actual work does not appear to be so
well founded.
A Washington dispatch to the New
Orleans Picayune, says that a Liberal
Republican Senator, speaking of the
evil effects which are certain to flow
from the Civil Rights bill, mentioned
that as a party measure it was suicidal
in the extreme; said the Radical party
has got all the negro votes anyhow, so
it will gain nothing in that direction;
but, on the other hand, this thing will
array against it all the railroad inter-
ests, all the hotels and tavern keepers,
and all the theater proprietors; and
the combined influence of these will
affect thousands and thousands of
votes.
The vicissitudes of fortune are
pretty well exemplified in Washington
City at present. The papers say that
there is in that city a grand-daughter
of Thomas Jefferson, who, with her
young son, is pleading for an appoint-
ment for one or the other as a means
of support. The daughters of ex-Sec-
retary of the Treasury Robert J.
Walker, and those of Chief Justice
Taney, are doing copying as a means of
livelihood, and there are the grand-
children of ex-Presidents, Generals,
and hundreds of other distinguished
people pleading for labor at even the
smallest remuneration, so that they
mav be able to live.
The Labor Qneatlon.
Under the above head the Waco Ex-
aminer says: i
Either our farms must be made smaller,
or our supply of labor must be in-
creased, if wejwould make the business
of grain and cotton-raising at all profita-
ble.
And the editor suggests that re-
ducing the size of our farms will be
preferable to increasing the amount of
labor, especially in the grain-growing
portion of the State. He says that
one hundred acres is the average size
of a farm in the Northern and Middle
States, where grain-growing is the
chief business of the farmers, and
that with some additional help in
seeding and harvesting, two hands are
usually sufficient labor to cultivate one
hundred acres. He says that amount
of labor is more than is required here
for the same number of acres, when
not exceeding ten acres of the whole
are cultivated in cotton. This is owing
to the fact that the lands of Texas are
so much easier of cultivation.
It is no doubt true that very many
of our farmers would realize larger
profits with the same labor by reducing
the area of their farms, but we can not
see why the same result would not be
obtained by increasing the amount of
their labor. It is very true that small
farmers are more likely to work them-
selves, and that their own labor is so
much clear gain. But there can be no
good reason why a farmer should not
labor himself just as much when he
has a farm of two or three hundred
acres, requiring three or four hands to
help, as when he has only one hundred
acres, requiring only one hand to help
him. If a farmer can realize a certain
profit from one hand, there is no reason
why he might not double the profit
with two hands, or treble his profits
with three hands, under equally good
management. And as nearly every
farmer has ten times as much land as
he can cultivate, it would seem to fol-
low that his true interest is to get all
the labor he can possibly command, so
as to make as much of his land pro-
ductive as possible, instead of letting
it remain unproductive.
We agree with the Examiner that
negro labor is unreliable, and yet we
believe it is admitted on all hands that
it has improved from year to year since
the war, and as the colored race are
here and are likely to remain with us
for generations to come, we think the
true policy of every farmer is to do the
best he can with that kind of labor,
especially as it will be a long time be-
fore we shall have a sufficient supply
of white labor even under the most fa
vorable circumstances. But whether
our farmers employ white or black
laborors, it is perhaps almost equally
important that they should work with
them, or at least constantly superin-
tend them, in order to realize the
largest profits from their labor. With
the same good management and con-
stant superintendence, the same
amount of labor will yield well-nigh
twice the amount of net profits that
can be realized by the Northern
farmers.
When King Gutamozin was roast-
ing on the grid-iron, one of his com-
panions in torture turned his eyes on
the suffering monarch tor sympathy,
but the chief could only ask : "Am I
on a bed of flowers ?" So our sister
of New Orleans, while sympathizing
with Galveston in the burdens on her
commerce, is more absorbed in her
own troubles. A late number of the
Times says ;
It looks very much like as if our City
Council was fully determined to drive
away all the commerce from our city, or,
at least, in other words, place as heavy
an embargo on it as possible, and what
we have reference to is the excessive
wharfage tax laid on the steamers bring-
ing commerce to our city. The Great Re-
public has a heavy tonnage, and the
regular wharfage dues on her every trip
is $138 10, but happening to be unable
to get enough freight to justify her
starting on her return trip inside of the
days allotted to her, for the above sum,
she was on yesterday forced to pay (un-
der protest) the additional sum of $10 for
the two days she had overlaid. This,
we humbly think, is rather crowding
matters, and gives but poor encourage-
ment for boats loading for our city, and
more so, as at present the steamboat in
terest is in a very depreciated state, and
some discretionary allowance should be
made for them, when they are forced to
lie over awaiting patronage from our
merchants.
The Great Republic, leaving last even-
ing for St. Louis, had 1200 boxes of su
gar to take on after she left the landing,
wliich would only make merely a fair
freight trip for a boat of half her class,
and she had but very few passengers to
help her out in making good her heavy
expense account.
Mn. Mullett, the ex-U. S. Archi-
tect, is a man of enlarged views in his
profession, and ought to find teady
employment as consulting engineer for
some village corporation. The papers
report that the jail that Mullett built
for the District of Columbia, has cost
thus far half a million dollars, and it is
not half completed yet, and as there
are a score of contractors who have not
yet made their fortunes out of it, there
is little hope that it will be finished
for several years to come. Such an
edifice will be an ornament to the Fed-
eral capital, and afford accommoda-
tions worthy of the magnificent thieves
composing the District of Columbia.
Boss Shepherd and his llock probably
had a view to contingencies in the
erection of this palatial asylum.
The Virginia Enterprise gives a short
account of the late supposed outbreak
in Mount Davidson. On the 21st of
February volumes of smoke were dis-
covered rolling from the summit, and
crowds of people turned out to wit
ness the phenomenon:
They stood gazing intently up at the
summit of the mountain, and in passing
these the words " Burning lava," "Clouds
of ashes," " Hot rocks," were constantly
heard. The whole face of the mountain
toward the city being covered-with snow,
the column of smoke rising from the top
and wafted off to the southward was
strikingly volcanic in appearance. All
old residents were of course aware that
the smoke arose from a fire built on the
peak of the mountain by some party of
explorers who had ascended the southern
face of the mountain, where there is no
snow ; but strangers in the city and in
the land gazed open-mouthed at the awful
phenomenon. We observed that our
people everywhere were talking of the
sight as though it was quite common, and
a genuine volcanic eruption. Some said
it might become so bad that it would yet
be necessary to vacate the town before
morning. Others cited instances telling
how it was in 1867, when the mountain
smoked for about six weeks before the
graud eruption occurred that swept away
all the middle portion of the town. All
this conversation had a strange, fascin
ating interest for the " pilgrims " in our
midst.
According to the Austin Statesman
the International Railroad Company
lias pretty strong claims on Governor
Coke for his approval of the compro-
mise as passed by both braixhes of the
Legislature. That paper says:
The Statesman never dreamed of
threatening the great State of Texas,
Even as potent a combination of capital
ists as the International Railroad Com-
pany would never conceive of such folly.
But that such a corporation, or its mem
bers, could do more to ser1? e Texas, where
Texas may most need the intervention of
friends, than any other agency of moral
and money power, even the Messenger
can hardly doubt. That this Company
did intervene to prevent Coke's ejection
and Davis' restoration to power is a fixed
fact. We mention it to show that the
denunciation and prejudice sought to be
aroused against the Company were wholly
baseless ind indefensible.
The mysterious and horrible Kansas
assassin, old John Bender, who has so
long evaded the minions of the law,
and whose arrest has so often l een er-
roneously announced, seems to have
been caught in earnest at last. Dis-
patches from Florence, Arizona, to
Gov. Osborn, of Kansas, lately an-
nounced the capture of old Bender in
that Territory; and now accounts from
Topeka say that the Governor has re-
ceived intelligence that the prisoner
hts admitted that he is the veritable
old Bender. The Governor has fent a
requisition to Gov. Safford, of Arizona,
for the delivery of the prisoner to the
authorities of Kansas. He is expected
at Topeka in a few days.
Synopsis of the Opinions
ok the
SUPREME COURT OF TEXAS.
Delivered at Calventoa Term, 1875.
REPORTED BY 8AYLES & BASSETT.
Jkpr Black vs. The State. Appeal from Gal-
veston county. March 3, 1875.
JUROR, QUALIFICATION OF, AND RULES
GOVERNING.
The facts in this case, and the charges
of the court, are substantially the same
as in the case of Walker vs. The State,
reported in fu 1 in yesterday's News, and
the ruliDgs of the Supreme Court in this
case are the same as in that, and it is
deemed unnecessary to repeat the points
involved in that opinion. But there is
one question in this case which was not
involved in the case of Walker vs. The
State, i. «., that after the defendant, in
his selection of a jury, had exhausted all
of his peremptory challenges, his chal-
lenge of one juror for cause was over-
ruled. The code, for the purpose of secur-
ing an impartial trial, prescribes certain
questions to be propounded to the juror,
for the purpose of establishing whether,
from hearsay or otherwise, he has made
up his mind as to the guilt or innocence
of the accused ; and, if so, whether his
conclusion will influence him in his ac-
tion in finding the verdict. The juror
said that he had formed an opinion from
reading the report of the evidence in the
case of the State vs. Walker, and that it
would take better and different evidence
to change his opinion ; but said that his
opinion so formed would not influence
him in his verdict, but that he would
give the accused a fair and impartial
trial according to the law and the evi-
dence appearing on this trial.
The court say :
1. The object of the code is to ascer-
tain—first, whether the juror has formed
in his mind a conclusion ; second, the
course from which it was formed ; and
third, the extent to which it will affect
his action. [P. D., 3041.] *
2. When the question is first asked
the juror he is made the judge of the
extent to which the conclusion that he
has formed will influence h's action ; but
when he is further examined the court
becomes the judge, and must determine
it by the nature of the juror's conclu-
sion, ascertained from what he says in
answer to the questions.
3. A conclusion from merely general
impression, derived from hearsay or
floating rumor, might not ordinarily be
a disqualification, and a conclusion found
without any particular examination into
the facts, and derived from a source in
which the juror placed no great reli-
ance, might generally not disqualify him;
but a satisfactory conclusion from hear-
ing and carefully considering the evi-
dence would certainly disqualify him.
The fact that the juror said that it would
require other and different evidence to
change his opinion, renders it prob
able that he had read the reported facts
of the case of Walker (the accused and
Walker being charged in the same in
dictment of the murder of Green Butler)
with considerable attention, and had
formed his conclusion. Under such cir-
cumstances the court below, in judging
of his qualifications, should not have
been satisfied that he was an impartial
juror. [Grayham and Watermen on New
Trials, p. 378-9, and American authori-
ties cited.]
4. Where it is doubtful, on the exami-
nation of a juror, whether he is impartial
or not, it is safer and more in unison with
our constitution and laws relating to the
trial by jury to decide against the quali-
fication of the juror. [Moses vs. State
10 Humph. Rep., 456.]
Judgment reversed and cause re-
manded. [See opinion in Walker vs. the
State.
Roberta, Chief Justice.
Dick Austin vs. The State. Appeal from
Grimes. March 3, 18T5.
INDICTMENT, SUFFICIENCY OF. CONTIN-
UANCE GRANTED, WHEN.
Appellant was convicted under an in-
dictment which charged " that the defen-
dant did then and there fraudulently
from the possession of Robert Smith
from the house of said Smith, without
his consent, etc., certain personal proper-
ty, etc."
Appellant moved to quash the indict-
ment, •* because it does not allege that
the property was taken, stolen and carried
away by the defendant, and because it
does not state from what kind of a house
the property was stolen."
Appellant made an application for a
continuance, on the ground that a wit-
ness by whom he could prove the facts
alleged by him, was a resident of Grimes
county, that a subpoena had been served
on him, and that the evidence sought
was important for the defense.
The District Judge overruled the ap-
plication on the ground that it showed
no diligence, and the appellant excepted
and assigns this ruling as error.
The Court hold:
1. To constitute " taking," it is not ne-
cessary that the property should be re-
moved any distance from the place of
taking. It is sufficient if it has been in
the possession of the thief, though it
may not have been out of the pre-ence of
the party deprived of it. [747 Ciiminal
Code.]
2. It is not a defect to omit in the in-
dictment the word " feloniously." Since
the adoption of the Penal Code the word
fraudulently," substituted instead, is
sufficient. [25 T„ 793. 32 T., 158.]
3. It was not necessary to allege the
character of the house. [Art. 728 and
729, chap. 6, Penal Code ]
4. The affidavit for a continuance com-
plied with the statute, and the judgment
must be reversed, because a continuance
was refused. It is due diligence to have
a subpoena served on a witness ; an at-
tachment can not issue until after he
has failed to obey the subpoena. P. D.
2907, Art. 6601, and 6602, P. D., related
solely to enforcing the attendance of wit-
nesses before the grand juries, and does
not apply to this case.
Judgment reversed and cause re-
manded.
Devine, Justice.
Bailey Walker vs. The State. Appeal from
Freestone. March 3, 1875.
CRIMINAL PROCEDURE. OATH OF JU-
RORS IN CRIMINAL OASES.
Appellant was convicted of theft from
a house. The record shows that on the
trial the jury were sworn " well aud
truly to try the issues joined between the
parties."
The court say :
The record must show, in criminal
cases,that the oath prescribed in P.D. 3029
or its equivalent, was administered to
the jury. [Arthur vs. The State, 3 T.,
405, and numerous other cases to the
present time.]
The record in this case shows affirma-
tively that the iury were not sworn ac-
cording to law, and the judgment is there-
fore reversed and the cause remanded.
Devine, Justiee.
Robert Taylor vs. The State. Appeal from
Lamar. March 3,1875.
THEFT FROM A HOUSE BY A DOMESTIC
SERVANT. PUNISHED, HOW.
The appellant was indicted for the
theftoftwo fifty cent bills, which were
charged to have been taken by him from
the saloon of McLeod, Hall & Braden.
At the time of the theft appellant was
in their employ as a porter, and his busi-
ness was to sweep behind the counter,
run errands, etc.
The court gave in charge to the jury
Article 764 of the Penal Code, punishing
theft from a house by confinement in the
penitentiary not less than two nor more
than seven years, as applicable to this
case, and refused to charge at the in
stance of appellant, that theft from a
house when committed by a domestic
servant is only a misdemeanor, and pun-
ishable as such by fine and imprison-
ment, if the property stolen is under the
value of $20. Appellant was convicted
and his punishment assessed at five years
confinement in the penitentiary.
The court say: Taylor was, in the
meaning of Article 736 of the Code, a do-
mestic servant at the time he took the
money, and the penalty for theft from a
house under Article 764 of the Criminal
Code, is not the measure of punishment
in this case. This is a case of simple
theft, (Article 736, Criminal Code,) and
the punishment should have been as-
sessed with reference to the valu« of the
property as directed by Articles 2394 and
2395 as amended by the Act of Nov. 12,
1866, P. D., 6547.
The charge of the court should have
been qualified by the charge asked by ap-
pellant.
Judgment reversed and cause re-
manded.
Reeves, Justice.
Frank Austin vs. the State. Appeal from
Harris Criminal Court.
SUPERFLUOUS CHARGES. MISCONDUCT
OF A JUROR. WHEN A GROUND FOR
A NEW TRIAL.
The appellant was convicted of mur
der in the second degree, and his punish-
ment assessed at fifteen years confine-
ment in the penitentiary. He appeals
and seeks to reverse the judgment on the
following grounds:
1. That the charge of the court in the
case on trial was read to the jury on the
trial of other parties charged with mur-
der.
2. That the jury were parmitted to
carry with them, when they retired to
consider their verdict, papers not con-
nected with the trial of appellant.
3. Because the charge did properly
define the distinction between murder in
the second degree and manslaughter,
and that the charge on manslaughter did
not have sufficient reference to this case.
4. That the verdict was the result of
prejudice, caused by improper statements
of one of the jurors to his fellow-jurors
during their deliberations.
The court sry :
1. That the first and second grounds
of the motion for a new trial are not sup-
ported by the reeord ; but if they were,
the indorsement on the charge, showing
the name of another party and the file
mark of the Clerk with his signature,
would not raise the presumption that
the charge had been used on the trial of
that party, much less would it not be
presumed that such party was convicted
of murder, and that the jury were influ-
enced thereby prejudicially to the appel-
lant. If the charge was applicable, it is
no objection that it may have used on
the trial of some other party, if true in
fact.
2. Though there is much in the charge
which had no direct relation to the facts
in proof, and which might have been
omitted, yet the law of the case was
given to the jury with sufficient distinc-
ness to enable them to arrive at a proper
conclusion, and the superfluous charges
could not have mislead them to the injury
of the defendant.
3. The deliberations of the jurors
among themselves after they retire to
consider their verdict is not made a cause
for a new trial under Art. P. D., 3137.
Misconduct of the jury is only condition-
ally a cause for a new trial; it must be
shown that the defendant has not re-
ceived a fair and impartial trial by reason
of such misconduct, and the discretion of
the court must be exercised in granting
or refusing the motion on that ground.
[Jack vs. State 26, T. 4, Johnson vs. State,
27, T. 769, late case at Austin.]
The evidence supports the verdict, and
the judgment is affirmed.
Reeves, Justice.
The State of Texas vs. Lycorgus McCrack-
en. Appeal from Gonzales County. March
3, 1875.
THE PROVISION OF THE CONSTITUTION
THAT EVERY LAW MUST HAVE BUT
ONE OBJECT AND THAT MUST BE EX
PRESSED IN THE TITLE IS MANDA
TORY. BUT THE FAILURE TO GIVE
THE CORRECT DATE OF A NOTORIOUS
ACT, WHICH IS AMENDED, IS NOT CAL-
CULATED TO SURPRISE ANY ONE, AND
DOES NOT COME WITHIN THE ABOVE
PROVISION.
Chapter 2, of Article 21, of the Penal
Code, headed " Of threats to commit of
fenses," originally contained four ar
tides, Nos. 784, 785, 7*6 and 787. The
first, 784, defining the offense, was for
some cause left out of Paschal's Digest.
The Legislature on the 18th of October,
1871, re-enacted all of the sections, only
changing the punishment, with the fol-
lowing title :
Chapter XI.
An act to amend an act entitled an act to
adopt and establish a Penal Code for
the State of Texas. Approved August
26, A. D. 1871.
Under this amendment the defendant,
McCracken, was indicted May 11, 1874,
for seriously threatening the life of one
Beaty. An exception was filed to set
aside the indictment on the ground that
'I there was no law to Bupport paid indict-
ment," claiming surprise in that the
amendatory act of 1871 did not express
in its title the date of adoption of the
act intended to be amended. The ex
ception was sustained on the ground
that there was a mistake in the act of
18th of October, 1871, in which it is re-
cited that the act amended was " ap
proved August 26, 1871," instead of
" August 26, 1856," as it should have
been, and that thereby the amendatory
act was rendered void for want of com
pliance with Article 12, section 17 of the
Constitution, which prescribes that " ev-
ery law enacted by the Legislature shall
embrace but one object and that shall be
expressed in the title." From which de-
cision the State appeals to this court.
Held:
1. That the constitutional provision re-
ferred to above was mandatory upon the
Legislature, and was intended to prevent
surprise or misapprehension to the pub
lie or Legislature, by the insertion of
something in the body of the act that was
not expressed in the title.
2. The mistake of inserting "1871" for
"1856," as being the time when the Pe-
nal Code was adopted, can take no one
by surprise; for Texas has never had but
one Penal Code, and that was adopted
August 26, 1856, which has been amend
ed continually ever since. The leading
object was expressed in the title, i. e., the
amendment of the Penal Code. The
Court below erred in sustaining the ex
ception to the indictment, and the judg
ment is reversed and the cause re-
manded.
Roberts, Chief Justice.
R. B. Swans vs. G. Mulchoke & Co. Appeal
from Harris. March 3, 1875.
PAROL EVIDENCE TO EXPLAIN OR CON-
TRADICT A REPORT.
Suit by appellees to recover from ap
pellant $297 14, balance due on an ac
count.
The defendant set up in his answer and
offered as evidence two receipts from
plaintiffs, one for $400, the other for
$294. Plaintiffs amend, and say that the
receipt for $294 was signed in ignorance
of its contents, and was for $100 more
than was actually paid. There was
verdict and judgment in favor of the
plaintiffs for the amount sued for. De
fendant appeals, and assigns as error the
ruling of the court in admitting the evi
dence in explanation of the receipt when
the pleadings setting forth the fraud
were not sworn to ; and the charge that
the receipt was open to explanation, and
if the proof showed that it was for more
than was actually paid, the jury should
so find.
Held : That a receipt ia not conclusive
and where fraud or mistake is alleged
parol evidence will be admitted to ex
plain or contradict it.
The evidence sustains the verdict, and
the judgment is affirmed.
Devine, Justice.
James S. Rodoers vs. N. H. Johns. Appeal
from Brazoria, March 3, 1875.
CONTESTED ELECTION. DISTRICT
COURT JURISDICTION OF IN SUCH
CASES. NO APPEAL FROM THE
JUDGMENT OF THE DISTRICT
COURT.
Appellant was declared to be elected
to the office of J ustice of the Peace. Ap
pellee was an opposing candidate, and
took the steps prescribed by statute to
contest the election. The trial in the
District Court resulted in favor of the ap-
pellee, and Rodgers brings the case by
appeal to this court, or attempts to do so,
Held:
That the jurisdiction of the District
Court to try contested elections, is not
conferred by any constitutional provision
but by statute, which makes no provision
for an appeal to this court. [See Laws
of 1873, p. 6.]
For want of jurisdiction the case is
dismissed.
Gould, Justice.
Promissory Notes.
The following is an abstract'of a late
decision of the Cincinnati Superior
Court:
Joseph P. Montfort et al. vs. Fran-
cis Baker and Mary DeCamp. Before
Judge Tilden. The suit was on a
promissory note. There was a de-
murrer to the original petition on the
ground that it omitted to aver that the
maker, Francis Baker, had removed
from the State at the time the note be-
came due, and the question arose as to
the necessity of an averment of de-
mand for payment having been made.
The court remarked that the rule is
settled now that where demand has
not been made, and the holder of the
note seeks to excuse himself for not
making it, he must state the grounds
specially in his declaration; and the
question arising upon the demurrer is
whether the circumstances amount to
an excuse for not presenting the note.
This involves the law of diligence.
The holder of commercial paper takes
it on the understanding that demand
will be made on the principal, and this
principle requires of the holder not an
impossibility, but the exercise of dili-
gence. It appears by the averment
that Baker had his place of business
on the corner of Walnut and Sixth
streets; that the notary presented the
note there, but, on inquiry, ascer-
tained that the maker had removed his
place of residence to Louisville, Ken-
tucky. The decision in 14 Ohio deter-
mined the question that diligence
does not require the holder of a note
given by a party in one State to follow
that party into a foreign jurisdiction,
and there present it. The demurrer
would be overruled.
State Press.
The Statesman does not favor a high
tariff on freights. That paper says :
The freight on a barrel of flour from
St. Louis to the city of Houston, the
favorite metropolis of the Texas Cen-
tral Railroad, is one dollar, while
every barrel of flour laid down
in Austin, and consumed by the peo-
ple of Western Texas costs seventy-
five cents more. By the International
route Austin is much nearer St. Louis
than is Houston by the Texas Central
and Missouri, Kansas and Texas route, or
any other; so it is safe to predict that the
completion of the International to this
city will be a saving to the consumers of
this section of the State of at least one
dollar on every barrel of flour, and every-
thing else in proportion. And when the
International reaches San Antonio, the
saving in freights to the people of that
delightful section of our State will be
still greater.
The chairman of the Executive Com-
mittee of the Texas Press Association,
has given notice that the committee will
meet in Sherman on Tuesday, March 9th.
The Houston Telegraph says of the
Civil Rights bill:
People will submit to reasonable taxa-
tion for the support of government, will
demand laws for the protection of life
and property ; but this atteujpt, to regu
late social relations by law fills them
with disgust and will cover the actors
in the farce with ridicule and contempt.
Besides the gangrened dunces who en-
acted the law there are but few who are
so stupid as to believe that it will have in
the slightest degree the effect it is in-
tended to have. The races will remain
in precisely the same relative attitude as
before, and neither will recognize in the
action of Congress either wisdom or
policy. Here and there some colored ass
may think it a good thing to get the
fine imposed by the law, but expedients
wiil be found within the law to defeat
this forlorn hope. The repeal of the law
licensing hotels, eating houses etc., is
only one of the lawful expedients that
▼ill be resorted to defeat and nullify the
law. The action of the Senate yesterday
under the lead of Senator Ireland, will
take the people somewhat by surprise
more from the promptness with which
the question was met than from the char-
acter of the movement itself. Had the
bill in question retained the public
school clause, the repeal of all State
school laws would have followed as
matter of course. The absurdity of at-
tempting to regulate by law social cus-
toms and usages, is to receive another
verification.
The Brownsville Ranchero of Novem-
ber 6,1874, reached the News y sterday,
Texas mails go Blow.
The Waco Advance does not come up
to the point of dividing the State, and
views with " commingled amusement and
contempt the bravado and rage with
which certain men and newspapers, upon
certain occasions, threaten to disrupt the
State and set up a separate State govern-
ment for Westsrn Texas." The Advance
refers to the chronic repetition of this
threat, and says:
If capitalists of the West, of San An
tonio especially, had shown half the en
terprise aud liberality of a few public-
spirited men in the city of Houston, that
city might long since have been connect-
ed by rail with the capital and seaboard.
But while others, in other parts of the
State, have rushed the car of public im
provement forward, they lie supinely
still and fret and whine for special help
from the pock«ts of the whole people.
The San Antonio Ilerald, however
proceeds to revise its map and count its
chickens. It has its metal hot, and pro
nounces as follows:
We announce ourselves unconditional
ly, whether we get the International or
not, as the advocate for the immediate
severance of the State and the erection
of Western Texas into a State, seeking
admission into the Union as such. We
have a population exceeding 225,000
we have an area of territory of 110,000
square miles, which is all divided off into
counties. As a member of the Federal
Union, Western Texas would hive two
Senators in the United States Senate and
a member in the lower house. If we had
separated from Texas years ago, our po-
pulation and our resources would long
ere this have been doubled, because in
legislating to foster and cherish our own
interests we should have had railroads
etc. We should be prepared to seek ad
mission into the Union at the first regu-
lar session sf the next Congress, so that
our Senators can enter simultaneously
with those from Colorado and New Mex
ico. Hence immediate action is required.
When the State of Cayote is carved out
of Texas the remainder may or may not
be in a chaotic state. The local of the
Herald says: "When a Sac Antonian in-
tends to take a flying trip to Austin and
back, he remarks he is only going out of
'the State for a few days." May we not
hope that Western Texas will follow this
course 1
\VSiy mem Will Not M«rry.
Says a New York paper:
New York is crowded with rich un
married men, afraid of the expense of
supporting these gilded butterflies
There is a bachelor at the Sixth Ave-
nue hotel, whose income is $20,000
year, and still he says he can't afford, to
get married. He's a proud fellow, and
says, as a single man, he can have the
best horses, best rooms and best box at
thefopera.
"If I should get married," he said,
" I would have to stint myself or over
draw my income."
" How is that! " asked a friend.
"Well, now, come into the parlor
and I'll show you. You see, ladies are
extravagant nowadays. They dress so
much more than in Europe. I mean they
don't wear rich diamonds like the
women of Florence and Milan, but they
wear such rich dreBses, laces, shawls
and furs. Now, I'm proud, and
would not want my wife to be out-
dressed, so I have to keep out of the
marriage business."
"Do you see that lady there?" he
said, pointing to a fashionable caller.
"Yes."
" Well, she has on a $400 panniered.
wattaued, polonaised, brown, gros
grain dress, and I wear a $60 coat.
She wears a $1200 camel's hair shawl,
and a $500 set of sable, while I wear
$70 overcoat. She wears a $70 bon-
net, while I wear an $8 hat. She wears
$200 worth of point applique and point
aquille, while I wear a $6 shirt. Her
shoes cost $15 and mine cost $12. Her
ordinary morning jewelry, which
changed every year, not counting dia
monds, cost $400, mine cost $50."
" Well, how does it foot up ?"
"Why, the clothes she has on cost
$2225, and mine cost $206, and that is
only one of her dozen outfits, while ~
only have—say three. The fact is,
said he, growing earnest, "I couldn't
begin to live in a brown stone front
with that woman and keep up appear-
ances to match—carriages, church,
dinners,opera and sea-side, for $20,000.
I'd have to become a second-rate man,
and live in an eighteen foot house,
or withdraw over to Second avenue,
and that I'll be hanged if I do!" and he
slung his fist down into a nice silk hat
in the excess of his earnestness.
State News.
BEXAR COUNTY.
The San Antonio (las Company is doing
successful business The Alms
House, intended for the accommodation
of the city and county paupprs, was
turned over to the proper authorities
last Saturday The Congressional ftp
propriation of $100,000 for the erection
of a military depot at San Antonio, is
available whenever it may suit the Secre-
tary of War to apply the amount of the
appropriation to the purpose for which it
cAse is has the title to the school landB
two men who brutally maltreated a Mex- invested in the State by the provisions of
ican not long since, were fined $100 the Constitution? [Art. 9, sections 0
and 8 ]
In the case of Galveston county vs.
Tankersley (39 Texas 656), this question
is decided in the negative. The court
there held that it was not the purpose of
the Constitution to annul these grants to
the counties, and that the counties still
hold the lands of their own right. This
court says that,while as an original ques-
tion the true construction of the several
provisions of the Constitution may not
be free from doubt, their examination
has tended to the same conclusion as that
reached by their predecessors in Galves-
ton vs. Tankersley, and has certainly de-
veloped no sufficient reasons for denying
the authority of that case on the particu-
lar pofnt." .
The object of the Baptist educational
convention, to be held at Bremond June
23d, is the collection of $500,000 to en-
dow a university to belong to the Baptist
denomination of Texas.
Croup.—Croup can be cured in one
minute, and the remedy is simply alum
and sugar. The way to accomplish the
deed is to take a knife or grater and
shave off in small particles about a tea-
spoonful of alum ; then mix it with
twice its quantity of sugar to make it
palatable, and administer it as quickly
as possible. Almost instantaneous re-
lief will follow.
WACO.
Population 7000.
Taxable properi y $ 2,000,000
Average annual expense of city gov-
ernment 7,000
Debt 1#.000
Exclusive of $100,000 railroad bonds
which are litigated.
The school lands donated to the several
counties remain their separate property,
for the benefit of their respective schools.
In the case of J. D. Worley vs. the State
of Texas, decid-d in the present (Galves-
ton) term of the court, the court says:
"The substantial question involved in the
The Shan's Strong; Box.
A strong box of the Shah of Peisia
consists of a small room 20x14 feet.
Here, spread upon carpets, lie jewels
valued at £7,000,000. Chief among
them is the Kaianian crown, shaped
like a flower pot, and topped by an
uncut ruby as large as a hen's egg,
and supposed to have come from Siam.
Near the crown are two lambskin caps
adorned with splendid aigrettes of
diamonds, and before them the trays
of pearl, ruby and emerald necklaces,
and hundreds of rings. A Mr. East-
wick, who is reported to have been
allowed to examine the collection,
states that conspicuous among the
gauntlets and belts covered with pearls
and diamonds is the Kaianian belt,
about a foot deep, weighing perhaps
eighteen pounds, and one complete
mass of pearls, diamonds, emeralds
and rubies. One or two scabbards of
swords are said to be worth a quarter
of a million each. There is also Che
finest turquoise in the world, three or
four inches long, and without a flaw;
and an emerald as big as a walnut-,
hovered with the names of kings who
cave possessed it.
Tiie Cherokee Advocate asserts that
the Iudian Territory has suffered pro-
portionately greater losses, and has,
proportionately, more destitute fam-
ilies from drouth and grasshoppers
than Kansas has.
each.
CAMERON COUNTY.
New potatoes have been in our mar-
ket for some time. They are of fine
quality. Our farmers and gardeners can
always raise out here vegetables earlier
than they can be raised in any other por-
tion of the Union.
goliad county.
Corn is a cash article at one dollar and
twenty-five cents per bushel. There is
' >lenty to do the county until another crop
s made This year Goliad connty has
shipped near one thousand hogs, besides
leaving enough for home use... .The
Trustees of District No. 1 opened the
Public School on the first Monday in
March, at Paine Male and Female Insti-
tute, to continue four months, undf r the
supervision of Professor Brooks. Four
gentlemen and two ladies have been em-
ployed as teachers, and the services of
others will be secured whenever neces-
sary.—Peach trees blooming; corn
planting active; fishing fine ; burglars
about; mud hole in the public square
filled up; Paine Institute flourishing;
property increasing in value; stock men
lave commenced work for the Kansas
trail; a race between the celebrated horses
John Bascomb, owned by Jack Breeding,
and Fingertail, alias Opossum, owned by
Jesse Davidson, for five hundred dollars
aside, will be run at Goliad on Saturday,
March 13,1875.
gonzales county.
We noticed quite a number of movers
passing through town this week. Most
of them had their farming implements
with them, and the usual number of
children and dogs... .Since the heavy
rains last week the weather has been
charming, and our farmers are busy as
bees breaking up their lands and getting
in their crops... .Mr. Joe Bouldin, who
resided on Peach Creek, in this county,
committed suicided by hanging himself
one night last week. .. .Russell Bean, in-
dicted some years since for the murder
of Louis Deitch and Fox Trammell, was
brought back Thursday, on the requisi-
tion of Governor Coke, from the Indian
Territory, whither he had fled, and
turned over to the sheriff of Gonzales
county. When arrested he was taken
out of a Grange Lodge Main Btreet
was literally paved with sheep last Mon-
day. A flock of 2200 head, from Nueces
county, crossed over the bridge en route
for Denison, from which point they will
be shipped to St. Louis by rail Thurs-
day night some one entered Jim Kelley's
saloon through a back window and stole
from the drawer about $35 in specie and
two silver watches, valued at $45 each
This is the third or fourth time within
the past few months that houses have
been entered and valuables stolen..
The masquerade ball on Monday night
was a pleasant affair.
grayson county.
Six car loads of extra choice beef cat-
tle were shipped from Denison for St.
Louis Monday evening by Mr. Rue. They
belonged to Forsythe & Lebo, bought
from the Bexar county stock dealer,
Capt. Lockhart.
hidalgo county.
Fulton and Manricio Villanueva were
killed Friday night by parties engaged
in an attempt to rob Fulton's store. Ful-
ton had a farm and store about nine miles
below Edinburg, Hidalgo county. He
was a peaceable and respectable young
man. Villanueva was friendly to Amer-
icans.
hopkins county.
The grand jury have again declared
the Reeves House, on the north side of
the public square, a nuisance and dan-
gerous to the safety of the city ; also, the
house west of the Presbyterian Church
lavaca county.
Bob Rell, a reputed horse thief, was
recently shot in Lavaca county while re-
sisting arrest.
mason county.
The papers recently stated that five
men had been hung by lynchers in this
county. Three of the five were hung up
to force them to confess the crime of
stealing horses, but the Sheriff appeared
on the ground. The lynchers fled, the
men were cut down, and one of them re-
vived, but the other two were dead.
m'clennan county.
Corn sells in Waco at seventy-five
cents a bushel. There is a good supply
of the article.
nueces county.
The Corpus Christi limes says there
is going to be an immense business in
lumber done here within the next two or
three weeks, if the roads keep dry. The
dealers here have orders for more than
they have stock on hand to fill. This is
not to say the stocks are small, for the
reverse is the fact....The grand jury
say that the prompt execution of the law
has reduced the amount of crime in the
county. They refer with great pleasure
to the protection afforded the counties of
Nueces and Duval by the presence of
Captain Caldwell's company of rangers.
They have done us good serv'ce, and we
recommend that such protection is need
ed and by all means should be continued.
More convictions in proportion to the in-
dictments have been obtained of crimi-
nals arraigned at this term of the court
than ever before... .Mr. Jerry Driscoll,
of St. Marys, had his house burned
Wednesday night.
travis county.
The Governor has vetoed the bill allow-
ing the county of Travis to issue bonds
and to sell the same for the purpose of
building a courthouse. . . .A few days ago
one of the hands at the depot was hand-
ling a box of freight containing cart-
ridges, the lid was partly off and he at-
tempted to nail it on. In doing so one of
the cartridges exploded, going through
the box lid and in close proxim'ty to his
head... .Some of our planters have corn
up Peach and plum trees are in
bloom.
miscellaneous.
The law passed by the present Legis
lature providing for the building of two
State penitentiaries requires for the ap-
pointment of five commissioners by the
Governor to select two locations, one
northeast of the Trinity river, the other
west of the Colorado. That when the
commissioners shall have decided upon a
suitable region in which to locate, they
shall advertise for the sale or donation of
not less than two hundred acres of land.
That they shall examine, approve, and
receive titles ; shall advertise plans,
specifications, etc., plans approved to
conform to modern improvements. An
inspector to superintend construction to
be also appointed. Sixty days allowed
to commissioners, after qualification to
make selection of sites. Shall receive
five dollars per day and mileage. In-
spector receives five dollars per day for
days actually employed. The bill ap-
propriates five thousand dollars to defray
expenses of commissioners, advertising,
etc.
The Mayor of Waco, in asking for an
increase of the municipal taxes of that
city, cites the statistics of other cities in
Texas to show that Waco is thus far
more lightly burdened than her sisters.
Thus far that city has held'to the old-
fashioned rule of few employes and low
salaries. Her annual expenses are as
follows:
Mayor's salary $ 300
Recorder's salary 3C3
Marshal's salary 600
Rent for Engine-house 6S0
Salary o£ Engineer 600
Three policemen (at >50)8150per month. 1,800
Ten Counciimen per annum 730
Printing 170
Feeding prisoners 400
Stationery 50
Interest per annum on engine debt 400
Work on streets, ditches and many
smaller items 1,000
New Advertisements.
Arrived and Landing
From Rio de Janeiro,
German Brig HENRIETTB, with
3700 BAGS COFFEE
Amusements.
rpREMONT OPERA HOUSE.
MANAGER HENRY GREEN WALL.
which will
wharf.
be sold at reduced prices from
BI. KOPPERL,
Friday^ March 5th,
Benefit and positively last nieht but one o f
the renowned dialect comedian,
MR. JOS. MURPHY,
nfdi>J,°??ctlon the Irish American drama
events, manners and customs,
written expressly for him, entitled
MAUI CUE.
Indorsement of tiie People'# Rem-
edy.
When ekillful and cautious medical men
give over their own signatures a_ favorable
opinion of the soothing and vitalizing effects
of a preparation, the public does not hesitate
to believe them. The voluminous and
phatic professional testimony in favor of Hos-
tetter's Stomach Bitters, as a specific for all
disorders of the stomach and bowels, for
liver complaint, intermittent and remittent
fevers, and the thousand ills that wait upon
dyspepsia, must convince the most skeptical.
Aside, however, from the testimony of the
faculty, there is a large mass of evidence
from patients in every walk of life, all show-
ing that this great preventive and restora-
tive is of inestimable value to the sick and
the debilitated. The Bitters are suited to all
climates, and are universally indorsed as a
preventive of disorders caused by miasma
and impure water. mh5 fri su wed&Wlt
^ ♦ ♦ ♦ mm
DIED:
HIRSCfl—Last evening, Johanna, infant
daughter of Herman and Lina Hirsch.
The friends and acquaintances of the
family are invited to attend the„funeral This
Afternoon at four o'clock, from the resi-
dence on Mechanic street, between Four
teenth and Fifteenth streets,
Special JVetices.
Notice to Consignees.—The steamship
CITY OF AUSTIN, Eldridge, Master, from
New York, w new discharging cargo at Wil-
liams's Wharf.
Consignees will please receive their goods
as landed, receipting for the same on the
wharf.
All goods remaining on the wharf after 4
o'clock p. m. (not receipted for) will be
stored at expense and risk of consignees.
All claims .for damage must be adjusted
before the goods leave the wharf.
J. N. SAWYER, Agent.
mh3 3t 54 Strand.
$
spe-
84,000
3'}, 000
174,000
800 000
5,000
75,000
Arrived aud Landing,
From Itlo de Janeiro,
Per British brig " Maid of Glanwern,"
3700 Sacks Coffee.
de36 3m una
For Sale by
jr. II. ELS WORTH CO.
^RRIVED-
AND NOW DISCHARGING :
4012 Sacks Coffee
Ex Swedish Bark " C. D. W."
For sale by
fe21 tfuna
KAUFFMAN & RUNGE.
ARRIVE TO ARRIVE.
4000 Sacks Coffee
Per German brig B. H. Steenkon,
FROITI RIO DE JANEIRO*'
March and April, 1875.
Dr. Schenck's Standard Remedies.—The
standard remedies for all diseases of the lungs
are Schenck's Pulmonic Syrap, Schenclrs
Sea Weed Tonic, and Schenck's Mandrake
Pills, and, if taken before the lungs are de-
stroyed, a speedy cure is effected.
To these three remedies Dr. J. H. Schenck,
of Philadelphia, owes his unrivaled Bucoess
in the treatment of pulmonary diseases.
The Pulmonic Syrup ripens the morbid
matter in the lungs ; nature throws it off by
an easy expectoration, for when the phlegm
or matter is ripe a slight cough will throw it
off, the patient has rest and the lungs begin
to heal.
To enable the Pulmonic Syrup to do this,
Schenck's Mandrake Pills and Schenck's Sea
Weed Tonic must be freely used to cleanse
the stomach and liver. Schenck's Mandrake
Pills act on the liver, removing all obstruc-
tions, relax the gall bladder, the bile starts
freely, and the liver is soon relieved.
Schenck's Sea Weed Tonic is a gentle stim-
ulant and alterative ; the alkali of which it is
composed, mixes with the food and prevents
souring. It assists the digestion by toning
up the stomach to a healthy condition, so
that the food and the Pulmonic Syrup will
make good blood : then the lungs neal, and
the patient will surely get well, if care is
taken to prevent fresh cold.
All who wish to consult Dr. Schenck, either
personally or by letter, can do so at his prin-
cipal office, corner of Sixth and Arch streets,
Philadelphia, every Monday.
Schenck's medicines are sold by all drug-
gists throughout the country. *
mh3 we fri su lm
New Advertisements.
A Card.
TO OUR PATRONS AND THE PUBLIC.
Notwithstanding the destruction of ou
ENTIRE STOCK by the fire we. through the
kindness of friends, are now prepared to
FILL ALL ORDERS of our customers and
the trade in general. Soliciting a contin-
uance of the patronage which has been so
libeially bestowed upon us in the past, and
promising to give it our undivided attention,
we remain as ever at your service,
JOHN G. ROST & CO.,
Mechanic, bet'n Tremont and Twenty-fourth.
mh4 2t
A GOOD CHANGE
For Hotel Keepers.
The Central Hotel For Rent.
Thi<* favorite and centrally located Hotel,
corner of Twenty-fourth and Market streets,
is now undergoing substantial repairs, and
will be rented for a term of years to a relia-
ble tenant on reasonable terms. When fin-
ished the Hotel will have three entrances ;
two on Twenty-fourth street and one on Mar-
ket. This is a rare chance for an enterprising
man to make money. The Hotel is well situ-
ated for transient or permanent lodgers, being
acknowledged as one of the best hotel stands
in Galveston. The Central Hotel was flist
opened by Mrs. S. B. White, in the Fall of
1870, who, in.three year*, cleared out of it
$30,000. It contains Thirty-nine Bed Rooms,
besides other apartments for transient per-
sons. Possession may be had on the 15th
inst., or sooner if required. Apply to
J. L. DARRAGH,
mh*>tf No. 13 East Strand.
Mrs. Groth
Has made an assignment to me of her entire
stock, which I am prepared to sell at very low
prices. A large assortment of STOVES,
TINWARE, etc., cheaper than elsewhere in
the city. j. C. LEAGUE,
mh5 tf Assignee.
Total $0,*00
The following are the figures giv6ji
for five other cities :
san antonio.
Population 13,000.
Taxable property $ 5,804,000
Ad valorem tax one-half of one per
cent; special tax any amount not
to exceed one per cent.
Average expenses per annnm.
Income from license
Debt
denison.
Population 4£00.
Taxable property
Ad valorem tax one per cent
cial tax not limited.
Income from licenses....-
Debt
austin.
Population 12,000.
Taxable property ! $ 4,348,758
Ad valorem tax one per cent.
Average expenses annually 61,000
Debt 60,000
jefferson.
Population 8500.
Taxable property $ 3,000,0 0
Ad valorem tax one per cent, with ^
power to levy special taxes.
Debt 150,000
galveston.
Population 35,000.
Taxable property $22,000,000
Ad valorem tax one percent; spe-
cial tax not limited.
Annual expenses of city government 165,000
Stoves! Stoves!
A LARGE ASSORTMENT AT COST.
Builders' and Fancy Hardware
At greatly reduced prices.
mr5 tf J. C. LEAGUE.
Shingles.
5r0,000 POTTER & WARD'S BEST, in yard.
For sale by
mh5 tf
10^
J. C. LEAGUE,
and 109 Tremont street.
JpOR SALE FOR SALE
THE WELL KNOWN
RAILROAD HOUSE,
with five lots, 25 by 150 feet: good stable and
house for servants, with all its Furniture,
Bedding, etc.; in first-class running order and
doing a good bufiness, and having a reputa-
tion second to none in the State, is now of-
fered for sale cheap. Situated at the Junc-
tion of the International and Great Northern
Railroad, in the thriving little town of TrDupe,
Smith county, and one of the most healthy
locations in Eastern Texas, its advantages
are unsurpassed. A rare bargain is now of-
fered to any one wishing to invest in a good
paying business. Good and satisfactory rea-
sons given for selling. For further particu-
lars address Mrs. S. ROUSS,
Troupe Station,
mn5 fr tu* Smith County, Texas.
F. W. FL ATO, JR.
FliATO
ALF. PILLAR.
A PELLAR,
Bankers and Dealers in Exchange,
FL1TONIO, TEXAS.
Collections made at all points on the Gal-
Veston, Harrisburg and San Antonio Railroad.
mr5 ly»
ONIONS, PORTER, ALE, FURNITURE,
HOSIERY, DRY GOODS AND NOTIONS.
BY E. A. BLA.KELY & CO., 116
and 118 Strand-Will sell THIS DAY, at
10 o'clock a. k. :
10 bbls. ONIONS, 9 cases McEWAN'S POR-
TER, 7 tierces ALE, Bedsteads, Bureaus,
M&rble-Top Washstands, Rocking Chairs,
Tables, Mattresses, Cooking Stoves, etc.
Also—2 cases, 200 dozen, MSN'S HOSIERY, 2
cases, 190 dozen, WOMEN'S HOSIERX, 1
case Assorted Merchandise. Sale posi-
tive to close consignment.
dczen Stein Harte's CORSETS,
goods in great variety.
and other
mh5 It
ja5 una tf
RANGER & CO.
BRINLY PLOW.
IT. HIRSCH & CO.,
Agents for Factory,
STRAND, GALVESTON.
dell tf una
GRAND MURPHY MATINEE
at 2 p. M
SATURDAY,
MONDAY, March 8th, first appearance of
Madame Rentz's Female Minstrels,
together with Mile. Delacour's French CAN
CAN TROUPE OF DANCERS.
Tbe Greatest Sensation of the Age.
Ye Olde Folkes
CONCERT
In consequence of the inability of many
persons to gain admittance on Wednesday
evening, the
Concert will be Kepeated
ON FRIDAY EVENING, MARCH 5,
AT TURNERS' HALL.
The programme will retain many of the
melodies sung the first night, with Home now
ones introduced.
ADMISSION.
ONE DOLLAR.
Tickets are for sale at the usual places, and
the public are respectfully requested to pro-
vide themselves with tickets to avoid the de-
lay and inconvenience of making change at
the door.
ALL TICKETS THAT WERE NOT USED
ON WEDNESDAY
Will be received on Friday evening.
mh4 E2t Dlt
s
PECIAL ANNOUNCEMENT.
CIGAR FACTORY.
The only one in the MARKET (street.)
Thompson's Building.
A. MARINAS
Invites his friends, and the public generally,
to call and try his fine
HAVANA AND DOMESTIC CIGARS.
F
OR LEASE FOR LEASE
The BANKING HOUSE in the Merchants'
Insurance Building, now occupied by the
Home Insurance and Banking Company, 61
Strand, Galveston. Possession given the
15th day of March. Fire-Proof Vault, Gas and
Water in the Building. For terms apply to
MPSON, Secretary,
HEVRY SAB
fe3 una d&Wtf
03 Strand.
JOB PRINTING.
EVERY VARIETY AND STYLK.
Executed with Neatness and Dispatch, at the
GALVESTON NEWS JOB OFFICE.
IVotlces.
J^OTICE ...NOTICE.
Galveston, March 2,1875.
Owing to the fact that no school funds are
available for tbe payment of teachers, we
have been compelled to close the free schools
in the Third District; but the trustees, be-
ing exceedingly anxious to continue the
schools on a pay system—within the reach of
even the poorest child in the District—have
arranged with the teachers to continue the
schools, as follows : The Trustees furnishing
the school buildings, school furniture and
fuel /re«, and the teachers to charge but half
rates for tuition—say from two to three dol-
lars per month. We confidently trust the
parents will unite with us in sustaining our
present schools, under their most efficient
teachers. R. R. LAWTHER,
M. F. MOTT,
S. M. WELSH,
mh2 lw Trustees.
TREITIONT OPERA HOUSE.
lima De Murska's Brand Concerts !
FIVE NIGHTS,
Commencing Ittareli lsth.
The greatest musical event since Jenny
Lind will be the appearance of the famous
Hungarian nightingale,
M'LLE 1LMA DE MURSKA,
the Reigning Queen of the Stage and the most
brilliant vocalist in the world.
The management has the honor to an-
nounce that in presenting to the public of
Galveston this unexampled cantatrice, feels
assured that little need be said of her merits
as an artist, nor the brilliant achievements
she has made in the opera and in concerts—
these have passed into musical history. Her
originality, versatility, magnetic powers of
delineation, as well as the phenomenal.range,
flexibility and quality of her voice, hare
placed her in the front rank of her profession
and made her the legitimate successor of
Jenny Lind. Her advent in this country
Binceflast season, in opera and concerts, has
been a series of triumphs. 4
Mile. DE MURSKA will be assisted by her
grand concert combination :
Mile. CARRENOfciAURET, the most eminent
and charming Lady Pianist.
Sig FERRANT1, the'jfamous Baritone Bouffo.
Mons. SAURET, the brilliant Violinist.
Sig. GAETANO BRAGA, the .King Violon-
cellist and Composer.
CHAS. E. PRATT, Accompanist.
Mile. DE MURSKA Is now creating a per-
fect furore at the Opera House in New Or-
leans.
Scale of prices as follows: Subscription
seats for the five nights, $10 00. One night,
$2 50. mh4
^SSESSMENT NOTICE.
The Justices of the Peace in and for
GALVESTON COUNTY
are now prepared to take the assessment of
property for State and county taxes for 1875,
in their respective precincts.
The law requires the assessment to be com-
pleted and closed on or before the FIRST DAY
OF MAY in each year.
R. D. JOHNSON,
Presiding Justice GalveBton County.
February 6,1875. fe7 ti?
^"OTICE TO TAX PAYERS.
The State and County Taxes for the year
18 7 4
are now PAST DUE and MUST be paid, or I
will be compelled to ci\forcc the law. Those
interested will govern themselves according-
ly. J. M. O. MENARD,
fe28 D&Elw Dep'y Sheriff and Collector.
N
OTICE NOTICE.
The Corporators and first Board of Di-
rectors named in an act of the Legislature of
the State of Texas, entitled "An act to incor-
porate the Galveston, Brazos and Colorado
Narrow Gauge Railway Company," approved
February 2d, 1875, are hereby notified that the
first meeting of said Corporators and first
Board of Directors will be held at the office of
C. W. Hurley & Co., in the City of Galveston
and State of Texas, on MONDAY, THE 28TH
DAY OF MARCH, A. D. 1875, at 12 o'clock, M.,
for the purpose of organizing said Company
for business, pursuant to the terms of said
act of incorporation.
C. W. HURLEY,
J. H. SHEPPARD,
JNO. ADRIANCE,
A. UNDERWOOD,
J. D. EiLPATRICK,
A. M. HOBBY,
C. L. BEISSNER, JR.,
S. A. EDGERLY,
J. Z. H. SCOTT,
fe23 td W. G. MILLER.
Office of the Texas Express Co.
Galveston, Texas, Feb- 8, 1875.
NOTICE TO CONSIGNEES.
THE TEXAS EXPRESS COMPANY hereby
give notice that all
UNCLAIMED PACKAGES
Having been on hand ninety days, will be sold
in Galveston, Texas, commencing
Tuesday, 16th day of inarch, 1875.
A list may be seen at the company's office,
corner of Twenty-Second and Postoffice
streets.
fe9 td J, C. STUART. Asent.
Groceries—Provisions.
J^RESH WESTPHALIA HAMS,
Huntley and Palmer's COMBINATION
CRA CKER.
ITALIAN MACCARONi.
CRUSHED WHEAT.
Twin Bros.1 DRY HOP YEAST and fresh
FRUIT BUTTER, just arrived at
MEYER & METZGER'S,
ja24 180 Market street.
500.
.500
BARRELS OF
FRESH CORN MEAL.
—ror sale bt—
CHAS. NICHOLS, 4 and 6 STRAND,
JUST RECEIVED AND TO ARRIVE
300 bbls.Crushed and Powdered SUGAR
100 bbls. A SUGAR.
200 oases qr. boxes SARDINES, (Smal )
250 boxes American Lye Co.'s LVE.
50 bbls. Choice ONIONS.
100 boxes Sparkling CHAMPAGNE
CIDER, (quarts and pints.)
100 nests TtlRS, (Painted and Cedar.)
100 doz. 2 and 3 hoop PAILS.
CLOTHES PINS, MEASURES, etc.
5000 bbls. best No. 1 HYDRAULIC
CEMENT.
1000 bales Choice Northern HAY.
500 bbls. PORTLAND CEMENT.
PLASTER. FIRE CLAY. KIRK
BRICKS, and MARBLE DUST, which wo
oiler to the trade at the
LOWEST MARKET PRICES.
C. W. ADAMS & CO.
fc?7 tf Cor. 34th and Mechanic sts.
Banks and Bankers.
'YY'ACO NATIONAL BANK.
(Successor to Fort & Jackson,)
WACO, TEXAS.
Authorized capital $150,000
Paid up capital 100,000
WILLIAM A. FORT President
GEORGE W. JACKSON Cashier
•irectors:
Wm. A. Fort. W. B. Trice; E. A. Sturgis,
T. P. Abecl, R. W. Lusk.
correspondents:
Winslow, Lanier & Co.. N. T.; First Na-
tional Bank, Cincinnati; Bartholow, Lewis &
Co., St. Louis; Louisiana National Bank, New
Orleans; Texas Banking and Insurance Co.,
Galveston.
Waco, Texas, Dec. 1, 1874. de2D&W ly
H. SEEliMJSON & CO.,
BANKERS
And Exchange Dealers,
Cor. Strand and 22d Sta.
GALVESTON.
DEPOSITS RECEIVED. COIN BOUGHT
AND SOLD.
Collections Made on All Accessible Points.
We will give particular attention to the
Purchase and Sale of BONDS, STOCKS, and
Securities of all kinds. ap26 12m
j. s. fowlkks c. tilley....h. c. edrington
8. FOWLKES & CO.,
J.
.TEXAS.
BANKERS,
BRYAN
Correspondents—Ball, Hutchings & Co., Gal-
veston; City Bank, Houston, Texas; Ger-
mania National Bank, New Orleans; Swnn-
son, Perkins & Co., New York. mr5 ly
Isaac Jalonick & Co.,
BANKERS AND COMMISSION MERCHANTS,
Rockdale, Texas.
Exchange (or sale on OalveBton, New Tors
and New Orleans, and all points In Europe.
fe23'?5 Dly
R. BEARD,
BANKER
—and—
DEALER IN EXCHANGE.
Special attention given to collections.
KICHI?IOIMI>, TEXAS.
de6 tf
r. l. foard. d. f. frazell. j. c. bordev.
L. FOARD & CO.,
(Successors to Frazell & Actrky.)
BANKERS,
R.
AND DEALERS IN EXCHANGE,
Columbus Texas,
HT Collections made at all points on
Galveston, Harrisburg and San Antonio Rail-
road. se6 6m
Lotteries.
LOOK! LOOK!
$1,200,000 IN PRIZES!
The Grandest Single Number Scheme on
Record, will be drawn in public, in St.
Loui6, on March 31st, 1875.
Capital Prize, $100,000!
MISSOURI STATE LOTTERIES,
Legalized by State authority.
HURRAY, MILLER & Co., Managers,
ST. LOUIS, MO.
1 Prize of $100,000
1 Prize of 50,000
1 Prize of 22,500
1 Prize of an.000
5 Prizes of 10,000
10 Prizes of 5,000
80 Prizes of 3,500
100 Prizes of i,0fl0
And 11,451 other Prizes of from $1,500 to $50.
Amounting in the aggregate to $1,200,000
Whole Tickets, $20; Halves, $10;
Quartern, $5.
Prizes payable in full and no postponement
of drawings take place.
Address, for Tickets and Circulars,
MURRAY, MILLER & CO., Managers.
P. O. Box 2446 ST. LOUIS, MO,
ja6D-wed fri-sun&Wtjyl7
Co-Partnership Notices,
gPECIAL COPARTNERSHIP.
MR. HARRIS KRMPNER has this day Decorno
a special partner of our firm, in accordance
with the laws of the State of Texas.
SHWARTS & BURGOWER.
Balveston, Feb. 1,1S75—fe3 6w
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The Galveston Daily News. (Galveston, Tex.), Vol. 35, No. 49, Ed. 1 Friday, March 5, 1875, newspaper, March 5, 1875; (https://texashistory.unt.edu/ark:/67531/metapth462368/m1/2/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Abilene Library Consortium.