The Galveston Daily News. (Galveston, Tex.), Vol. 37, No. 307, Ed. 1 Sunday, March 16, 1879 Page: 4 of 4
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IMPORTANT.
Onr Stock now comprises a full and
select assortment of
DRY GOODS,
FANCY GOODS,
AND
Seadjf - Made Dresses
Of all kinds. We hare Novelties in
Scarfs and Ruffling,
UNDERWEAR
Of all kinds, from
Lowest Grades.
the Finest to the
Very line line
PIQUE SUITS,
For CHILDREN, two to sixteen years,
from $3,3 50 to $1 50 a
Suit. Full line of
REAL LACE BASQUES.
Best line of
In the State. Look at our
WHITE WRAPPERS,
For $2 00.
It will be for your interest to ex-
amine our Stock before buying else,
where, as it is the only place you can
find a
FULL ISO COMPLETE STOCK.
.Merchants laying in their Stock
will do well to call ou us.
KIOFMM & mm,
155 to 175 Tremont.
PEACE ;DOX'T REIGN IN WALESA W.
As 1* Meet In Such Cases, the Caucus
of the New mayor and Aldermen
Agree to Disagree by a Vote of 7
to 5.
Yesterday evening, according to invita-
tion extended by the mayor, the aldermen
all rendezvoused at his residence, and at
7.; 0 o'clock the caucus came to order.
Without much ado the names of candi-
dates for chief of police were, it was re-
ported, submitted, and Capt. Joe Atkins
was indorsed for tho office on the first bal-
lot by a vote of 7 to 5.
Considerable misunderstanding ensued:
some claimed the vote was not correct,
others that the name of Capt. Atkins had
been sprung upon the caucus, and was a
put up job, eta The grand tinale was the
bolting of five protesting aldermen, who
left the caucus in inconceivable disgust.
It was learned that after the bolters re-
retied, it left an inharmonious majority,
who found it impracticable to work, and
quietly dispersed pending a discussion on
sand.
Religious Notices.
Cathedral—Low mass at 6 and 8 a. m
High mass at 10 a. m.
St. Patrick Church—Low mass at 7
o'clock a. m. High mass and sermon at 10
o'clock a. Ml.
St. Joseph Church—Low mass at 7
o'clock a. m. High mass and sermon in
German at 10 o'clock a. m.
Grace Church, avenue L and Thirty-
sixth street—Holy communion at 8 a. m.
Morning prayer and sermon at 11 a. m.
Children's service at 3.30 P. M.
German Presbyterian church—Services
at 11 a. m. ; Rev. H. P. Young will preach.
First Baptist Church—Services at 11 a.
m. and 7.h0 p. m. by pastor. Rev. Dr.
Howard. Morning subject: Spiritual Life
and Divine Inspiration. Night: The
Prodigal. A cordial invitation is ex-
tended to all to attend, especially the poor
and the stranger.
Fir*t Presbyterian Church—Service to-
day by the Kev. K, F. Bunting, D.D., at
11 a. m. and 7.30 p, m., to which citizens
and strangers are cordially invited.
Trinity Church—The Right Rev. Bishop
Garrett, of Northern Texas, will officiate
in this church to-day. Morning service
and sermon at 11 ; choral services at 4.30
p. M.; evening prayers and sermon at 7.30
p. m. All are invited.
West Monnt Olive Baptist Church, cor-
ner 36th and avenue I—Services conducted
at 3 p. m. and 7.30 p. m., by Rev. D. H.
Shivers.
St. James M. E. Church—Preaching by
the pastor, Rev. G. W. Briggs, at 11 a. m.
and 7.30 p. M. Morning theme: Regen-
eration. The Sacrament of the Lord's
Supper, at the close of morning service.
Evening tliemc: The Problem of Life.
Church conference in the afternoon at 4
o'clock.
Unirn Baptist Church, corner Eleventh
and Strand—Sabbath school at 10 a. m.
Service at 11.30 by Rev. P. T. Sweet-
man: at 3 p. m. and 7.30 p. m. regular ser-
vice by the pastor, Rev. Jos. Robbins.
St. Johns M. E. Church, corner of Bath
avenue and Broadway—Regular services
at 11 a. m. and 7.30 p. m., conducted by
the pastor, Rev. A. K. Goodwyn. Morn-
ing subject: Lack of Knowledge- evening
subject: Indecision. Sabbath scnool at 9
a. m.
Before the justice of the peace the pi am-
tiff recovered a judgment for the full
amount claimed, and the city (defendant)
appealed to the county court, when a trial
was had before the court, a jury bein^
waived, when judgment was rendered
against the defendant for a like sum and
costs in favor of the plaintiff, and after a
motion for a new trial, overruled, an ap-
peal is taken to this court.
The fourth supposed error assigned isjthat
" the court erred in rendering judgment
for plaintiff, because he was notified of the
reduction of salary at the time, drew his
pay at the sum fixed and receipted for
same, making no claim for more."
This assignment of errors states suc-
cinctly the main features of the contro-
versy, the plaintiff claiming pay from the
city at the rate of $100 per month, and
having waived $75 per month sued for the
balance.
Tho defendant contended that the pay
of the class of employes to which the
plaintiff belonged had been fixed by ordi-
nance of the city council at the rate of $75
per month, which amount the plaintiff had
roceived and receipted for witnout objec-
tion.
It appeared in evidence that the plaintiff
was a policeman from March 1, 1S76, to
March 1, 1877; that he received pay from
March 1 to October 1 at the rate of $100
per ; month, and from October 1, 1876, to
March 1, 1877. received pay at the rate of
$75 per month, and that on October 1,1876,
he was notified that the pay of policemen
had been reduced to $75 per month, to take
effect from October 1, 187(5, and that he
continued in the service from October 1,
1876, to March 1, 1877, drawing his pay
at the rate of $75 per month, and made no
claim or protest against the reduction of
his salary during that time, 4 4 because the
pay of policemen had been reduced before,
and they had afterwards recovered their
full pay." The plahitiff also proved, by
resolution from the city council, that the
salary of policemen had been fixed at $100
per month in January. 1S74, and on De-
cember 24, 1874, was continued as be-
fore," and that by resolution of December
20, 1875, the same rate of compensation
was continued for the municipal year end-
ing February, 1877. So that the whole
question presented by this assignment is:
Is the plaintiff bound by this acquiescence
by the reduction of the pay from $100 to
.$75 per month, under the c
(Wbestan IjUtos.
Sunday, March lt>, 1S79.
Indications.
Washixqton, March 15.—The indications for
the gulf states are: Easterly t» southerly
winds, partly cloudy weather and possibly
local rains, and slight rise followed by falling
barometer.
(Observations taken at 3.24 p. m. March 15.1
Locality.
Bar.lTher
'RainlWeath
Wind.
OP Clear
.00 Clear
. 0 ) Fair
.ro Clear
CK) Full'
.00 Clo: dy
00 Clo' dy
.00 Fair
.OSFair
0 | NE
OOC o rtv
Galveston....
Corsicana ...
Indianola j30.03|
Ran Antonio.. •JO.""'
Brownsville .. 29.1)8
Denison.. — 29.81!
Eagle Pass... 29.80
Griffin '29.B7
Mason f3e.90
Sill
Stockton 2*J.£4!
Change in barometer in last twenty-four
hours—Galveston. 0J fall; Indianola. .21 fall;
Corsicana, .10 1 all.
Change of thermometer in last twenty-four
hours—Galveston. 0; Corsicana. 17 rise; In-
dianola. 2 fall: San Antonio. 1 rise; Browns-
ville. 1 fall: Denison, 29 rise: Eagle Pass, 2 fall;
GrifRn. 31 rise: Mason, 12 rise; Sill, 25 rise;
Stockton, 1 rise.
THE CITY.
No Go.
The contemplated excursion to Sabine
Pass by a number of business men of this
city has been indefinitely postponed.
marriage LiecnseT
During the week ending March 15, the
county clerk issued a marriage lictnse to
Charles D. Crain and Maggie Sanford.
Informal meeting.
After the meit-hants' meeting Friday
evening some of the gentlemen composing
the meeting held an informal conversation
over the situation. It was rumored that
they had decided upon the appointment of
a committee who snould solicit subscrip-
tions toward chartering a line of steamers,
and require from the merchants in the city
guarantees that they would support this
line to the exclusion of Mallory. A re-
porter met Mr. I.asker on the street, and
received from him a denial of the rumor,
and the assurance that the merchants
would await the developments of the ioint
committee who are to consult both Mallory
and Whitney.
The probability is that Mr. Mallory will
arrive by tho "next steamer from Key
West, but how long he will remain, and
whether he will consent to accompany the
committee to New Orleans, is a question
which can not yet be answered.
St. Patrick's Day.
To-morrow, many centuries ago, St.
Patrick, after a life of toil and adventure
and glorious success, gave up the spirit,
and by his deafh fixed the date of a fes-
tival which must stay green in the hearts
of the Irish people as long as the sham-
rock grows upon tho banks of Erin. Irish-
men. wherever found, to-morrow celebrate
the patron saint of their country, and
perhaps no feast is so faithfully kept as St.
Patrickrs day. To-morrow, in celebration
ot the event, Mechanics' steam fire com-
pany No. 6 gives its annual ball at Artil-
lery hall. As the affair is usually one
which lacks nothing in success, the sale of
tickets is reported exceedingly large, and
promises a grand time.
Sons of Texas.
There was a special meeting of the Sons
of Texas in the Bollinger & J ack building
last evening. The alcalde bein^ absent
Mr. Levin Stewart was called to the chair.
Mr. Walt. L. Wilson acted as recording
secretary. The chairman stated that the
object of the meeting was for the purpose
of installing the officers elect, whereupon
the gentlemen were duly installed: Judge
Wm. H. Stewart, alcalde; Jas. B. Stubbs,
vice alcalde: J. H. Catlin, secretary; Jno.
A. McCormick. treasurer; Walt. "L. Wil-
son, mai*shal. Adjourned to first Monday
in April.
Forty Hour*.
The catholic devotion of the forty hours
adoration of the blessed sacrament contin-
ued during yesterday. To-day hijrli mass
will be celebrated by Rt. Rev. Bishop Du-
fal, With sermon by very Rev. father Buf-
fard. To-morrow ths mission concludes
with low mass and communion at 7 a. m.,
and high mass at 10 a. m., by Rt. Rev. P.
Dufal, assisted by Rev. fathers Truchard
and Guyot, and the panegyric will be
preached by Rev. Father Sheehan, of St.
Patricks, New Orleans.
Entertainment toy the Turners.
A concept, dramatic performance and
hop, under the auspices of the Socialer
Turn Yerein, T?as given last night in Tur-
ner haJ!. A number of overtures by the
Lone Scar band were very creditably ren-
dered, particularly The Pirates of San
Pemingo. Das War Ich, a drama in one
act, thought out several characters, which
were uniformly vrefr sustained. At the
conclusion of the performance several
hours were pleasantly spent in dancing.
Jfaso Ball.
NT he Originals will play their inaugura-
tion game to-day at o"o'clock, witn the
Wizards, for£5oand championship, corner
of Ninth and Strand.
Social.
The News acknowledges the compliment
of invitation to the first grand ball of the
Texas Star social club, to be given with
dramatic entertainment at Sylvester hall,
next Saturday night.
Wharf Company Generosity,
A reporter learned yesterday that the
wharf company proposed to charge the
government. $300 per year rent for the site
of the life saving station at Kuhn's wfcarf.
On this account the station will probably
be located at some other point on the
island.
List of inclaimed Packages
Remaining wit.h Texas express com-
pany, Saturday, March 15, 1879: L. U.
Cordry, Alphonso Cannon, F. Hamelin.
Miss Minnie Russell, John Scagel, Toebei-
man &, Co., A. Worms, M. E. Zimbi, Gal-
veston; J. Barragan, J. E. Franklin,
Brownsville: Sinnoti & Culver, Charles
Thomas. John Woessner, Corpus Christi;
D. W. Hodges, D. R. Fant & Co., Goliad;
B. G. Grimes, C. F. Whitney, Indianola;
D. A. Walsh, Rio Grande City; James B.
Gibson, Thoinaston; Capt. Price, Galves-
ton.
Tlie Santa Fe and tlie Syndicate.
The stock of the Santa Fe road having
been turned over to Mr. Geo. Sealy and
the bargain sealed, the matter now stands
in a position for the making of prepara-
tions looking to the rapid extension and
completion of the road. The trust deed to
the syndicate expires March 20, before
which date the syndicate will meet and
decide upon the plan to be adopted in se-
curing the immediate progress of the road.
A meeting will also be held in a short time
by the Santa Fe directory, to take action
in the new condition of affairs.
Real Estate Transfers.
The following transfers of real estate
were recorded before the county clerk dur-
ing the week ending March 15:
John Adriance, Jr., trustee to Henry M.
Trueheart. three-quarters of lot 2, in block
142—$2000,
T. Julius Cordray and wife to J. C.
League, house, improvements, etc., situa-
ted on lots 1, 2, and 3, in block 22—$S00.
Washington Green to M. L. Baker, lot
0, in the northwest quarter of outlot 91—
$100.
M. K. Strickland and Orlina Strickland
to Mrs. E. Mestrallet, lot 8, in block 507—
$5U0. ^ _
Weekly mortuary Report.
The following is the mortuary report
for the week ending March 15, 1879: March
7—Mary J. Parrott, 30 years, consump-
tion ; Joseph Rosch, 40 years, consumption.
March 8—Mary Fallon, 42 years, pneumo-
nia. March 10—Infant of Martin Ander-
son (male), still-born; Margaret Connolly,
5 weeks, bronchitis; Elizabeth Marmion,
00 years, old age. March 11—Jesse Vine-
yard. *8 years, congestion of brain.
March 12—Chas. John Pietz, 5 weeks, con-
gestion of lungs; Lloyd Spaulding, 40
years; inflammation of brain; Catherine
Garragan. 12 hours, hemorrhage; infant
of Sam McFarland 5 months, (male), col-
ored, convulsions; J. H. Trask, 39 years,
diseased liver. March IS—Caroline Saun-
ders, 50 years, colored, intusseseption of
bowels; Augusta Kleinecke, 3>£ years, ca-
tarrhal fever.
Clahs Campbell, M. D.t E. P.
Personal.
M. W. Garnett, of Houston, is in the
city, attending the court of appeals.
foght Kev. Aiex. Garrett, D. D., bishop
of northern Texas, arrived yesterday, and
is the guest of Rev. Mr. Bird.
Prof. w. H. Streerawitz returned to
Houston yesterday.
Visited the cotton exchange: Mrs. H.
Miller, BellviJie; Mrs. M. F. Kleberg,
citv; H. T. Whittemore, Chicago; J. E.
Lynn, Philadelphia; E. Roby, New York;
Chas. Blair, Connecticut; ll H. Cordry,
The departures via the Morgan line: A.
Waring, New York; H. R. Hudson, St.
Louis; James Brooks and wife, Edward
x.ckstroni, Chicago; George Hubbell, Cin-
cinnati ; Mrs. tjohn Metson, Morgan City;
M. C. Butson, E. Raphael, New Orleans.
matters and Tilings.
A pistol shot was fired near the corner
of Market and Twenty-fourth streets last
nightk. The police, with sergeant Hunter
and a reporter, were on the scene immedi-
ately, but the party could not be found.
Col. Finlay in a letter to Wm. R. John-
son says the notaries' commissions are or-
dered prepared and the $2 fee required by
law will greatly facilitate matters in the
capital.
The Maifest committee meet at 10 a. m.
to-day.
The election of the city sub-officers takes
place to-moiTow evening in the council
chamber.
Insane Unfortunate.
Soeriff Jordan informed a reporter yes-
terday that he had not yet heard from'Dr.
Wall&ce, superintendent of the state luna-
tic asylum, to whom he had written con-
cerning George Bills. He said he would
telegraph or write again without delay, as
the unfortunate man suffered great agony
in the jail, and should bo taken where he
could receive the proper attention.
The First Picnic.
Hook and Ladder Fire company No. 1
has now succeeded in effecting all ar-
rangements for a picnic to be given on the
21st prox. As this is the department's pa-
rade day, it will constitute a pleasant end-
ing for the day's festivities. Schmidt's
garden has already been secured.
Foot-racing.
As will be seen by notice in another col-
umn, a foot-race will take place at Base
Ball park this afternoon, at 3 o'clock, be-
tween Tom Shannon and Fritz Cram.
Several other races are booked for the
same time and place.
At the Opera House.
Tho only attraction which the stage
offers for next Week is Miss Agnes Hern-
don, who apppars in selections of celebrat-
ed scenes from tlie best known tragedies
and comedies.
Pcdestrlanlsm.
John Smith, who has appeared promi-
nently of I ate'on the base baii park turf in
feats of pedeStrianism and endurance, is
spoken of as the probable opponent of the
great unknown who is coming to show
Galveston how to walk.
Bisliop Garrett.
This reverend gentleman preaches to-day
at Trinity church, and it is understood
that he will lecture during the week upon
some scientific subject.
THE COURTS.
Court of Appeals.
Court met this morning and disposed of
the following business:
civil cases.
540: The city of Galveston vs. Patrick
Murphy. Appeal from county court of
Galveston county. Reversed and reform-
ed. Opinion by C. M. Winkier, judge.
This suit was instituted by the appellee
as plaintiff against the appellant, defend-
ant, before a justice of the peace, to recov-
er an alleged balance of $25 per month for
tho five months of October, November and
December, 1876, and January and Febru-
ary, 1877, aggregating $125 for services **"
a policeman of the city ot Galveston.
§75 per month, under the circumstances
declared in evidence.
On August 2,1876, the legislature granted
to the city of Galveston a new charter, by
the passage of an act entitled 44 an act to
incorporate the city of Galveston and to
grant a new charter." Special laws, 1876,
p. 6.
By sec. 161, art. 23, title xi, p. 42, it is
provided that " the city council shall, on
or before the 1st day of January in each
and every year, fix the annual salary of
tlie mayor, to be elected at the next regu-
lar election, and shall, at the same time,
establish the compensation, or salary, to
be paid to the officers elected, or appointed
by the city council, and the compensation
of salary so established shall not be changed
during the time for which said officers
shall be elected or appointed." In the ab-
sence of anything further on the subject
we are of opinion that under the authority
of this section the city council had author-
ity to fix the compensation of the police-
men of the city, and that, after the same
had been so established, it was beyond the
power of the council to change it during
the time of the appointment. And that
the city council had authority, under the
terms of the charter, to fix the compensation
of policemen, whether they are considered
as officers or as employes of the city. By the
terms of the charter this was to be done on
or before the 1st day of January in each
year, and was required to operate pros-
pectively. We have not been furnished
with a copy of the ordinances or resolu-
tions of the city council which fix the
amount of the compensation of policemen
under the new charter, but it is not dis-
puted that, on October 1, 1876, by resolu-
tion of the council, the pay of policemen
was fixed at the rate of $7o per month, to
take effect on and after that date. It is
shown, as already seen, that the plaintiff
was duly notified of the passage of this reso-
lution, and that.although he was at the time
in the service of the city at a salary of $100
per month, he continued in the service
afterwards, and for each of the succeeding
five months received his pay at the rate
fixed hereby, and receipted tor the same
monthly, it seems, making no objection to
the amount of his pay,"or enteringmny pro-
test against the amount, or claiming at the
timo of payment that he was entitled to
any more than the compensation fixed by
the resolution.
We are of opinion that the appellee, by
his acts and by his silence, acquiesced in
the action of the city council in fixing his
pay at $75 per month, and can not now go
behind this acquiescence and recover of
the defendant a larger sum for his ser-
vices.
" Officers of a municipal corporation
are deemed to have accepted their offices
with knowledge of, and with reference to,
the provisions of the charter or incorpo-
rating statute relating to the services
which they may be called upon to render,
and the compensation provided therefor.
Aside from these or some proper by-law,
there is no implied assumsit on the part of
the corporation with respect to the ser-
vices of its officers. In the absence of ex-
press contract, these regulate the right of
recovery and the amount."
" A municipal corporation may, unless
restrained by charter, or unless the em-
ployment is in the nature of a contract,
reduce or otherwise regulate the salaries
and fees of its officers, according to its
views of expediency and right. Although
an officer may be appointed or elected for
a fixed period, yet where he is not bound
and can not be compelled to serve for the
whole time, such election or appointment
can not be considered a contract to him
for a stipulated time. Ordinances fixing
salaries are not in the nature of contracts
with officers." Dillon on Municipal Cor-
porations, sees. 160,170. and notes.
These rules, we are of opinion, apply to
other employes as well as officers proper.
Wrhen the resolution of October 1, 1876,
was passed, no obligation rested upon the
appellee to continue in the service of the
city at the rate of compensation fixed by
it, yet he continued in the service, after
notice of the resolution, without objec-
tion, and received pay agreeably to it,
making no claim or demand for the former
compensation, or entering anv protest
against the amount of his pay. To entitle
him after this to sue for and recover an
additional sum would be an evident injus-
tice to the appellant, notwithstanding the
provision of the charter set out.
The passage of the resolution and the
acts and sil&nce of the appellee (Murphy)
thereunder were mutual, were acted upon
by both parties, and the plaintiff is es-
topped. 2 Pars, on Con., 792, and other
authorities.
Under the law and the evidence, we are
of opinion the county court erred in ren-
dering judgment against the appellant,
and therefore the judgment must be re-
verse'!, and the whole case having been
submitted to the court on the law and the
facts, the judgment will be reformed, and
judgment be entered in favor of the ap-
pellant, that the appellee (Murphy) take
nothing by his suit and pay all the costs of
this proceeding.
Judgment reversed and reformed.
554: Western Electric Manufacturing
company vs. L. E. Curtis et al. Appeal
from the county court of Galveston
county. Reversed and remanded. Opinion
by C. M. Winkler, judge.
It is assigned as error by the appellant
that " the court erred in excluding from
the jury the evidence mentioned in bills of
exceptions, Nos. 3, 4, 5, 6 ana 7." By
reference to bills of exception, it appears
that the plaiutiff offered to prove its cor-
porate capacity by the presentation of a
copy of a general law providing for the
foundation of such corporations as that of
the plaintiffs, passed by the general assem-
bly of Illinois, entitled *'an act to encour-
age the formation of corporations for
manufacturing, mining, mechanical or
chemical purposes." which, certified by
the secretary of state of Illlhiois, under
the grand seal of the state, to be a true
copy of an enrolled law of the state of
Illinois, giving the title and date of ap-
proval, which was excluded by the court.
We are of opinion the document was
properly authenticated, and was admissi-
ble as evidence and so of the certificate of
organization. P. D., art. 8709.
The court erred in excluding these docu-
ments from the jury, and to the rulings
bills of exception were taken at tlie trial.
For this error the judgment is reversed
and the cause remanded.
assault with intent to murder.
418: John Winn vs. the State. Appeal
from Bastrop county. J udgment affirm-
ed. Opinion by John P. White, judge.
It appears that the indictment in this
case was drawn by filling up in writing
the blanks in a printed form. Above the
writing was printed the words: 44 Van
Beck, Barnard TinsJey, printers, sta-
tioners, lithographers and blank book
makers, St. Louis, class 2.'' Then followed
in writing the caption in these words:
The state of Texas, county of Bastrop.
In the district court of said county, spring
term, A_ D. 1878."
Motion to quash was made because the
indictment did not commence: 44 In the
name and by the authority of the state of
Texas, 'as is required by~the statute, P.
D. art. 2863, and also by sec. 12, art. v. of
the constitution, which provides that44 all
prosecutions shall be carried on in the
name and by tho authority of the state of
Texas," and conclude 44 against the peace
and dignity of the state."
This motion was overruled by the court
and, as we think, properly. Though the
statute defines an indictment to be "the
written statement of a grand jury, ac-
cusing a person therein named of some act
or omission which by law is declared to
be an offense," (P. D. art. 2862) it has never
been held that a printed form, with the
blanks properly filled in writing, was not
a sufficient compliance with the law. AVe
do not think, however, that as a matter of
taste and propriety in having forms print-
ed for his sole convenience, the prosecuting
officer might stipulate with his printer that
the blanks to be printed should not be used
be them as an advertising medium, or if
so, that their names should not be placed
in so conspicuous a portion of the form,
and in such connection with it as that their
advertisement will be mistaken—as seems
to have been done by defendant and his
counsel in this case—for part and parcel of
an indictmens, charging him with an as-
sault with intent to murder. The process
and pleadings necessary in criminal prose-
cutions for violations of the law are not, it
seems to us, the proper mediums for adver-
tising private individual enterprises. Suffice
it to say, however, that tliis advertisement
is not part of the indietment. and does not
invalidate it. Nor is the indictment invali-
dated by the use of the unnecessary caption
in writing. The caption is no part of the
indictment. It is not essential under our
law. 4 Tex., 125, and other authorities.
The on}y other errors complained of re-
late to the charge of the court. When
considered with reference to the facts
proven, the charge which simply presented
the law of assault with intent to murder,
and self-defence was amply sufficient.
There were no facts demanding a charge
on the lessor degrees of assault.
On Friday, the day before the rencoun-
ter, defendant had threatened to kill
Gradenton. Again, on Saturday, he re-
newed the threat, saying he intended to
kill him before sundown. Just before the
shooting he is seen by one of his own wit-
nesses approaching the house of Williams
with his six-shooter in his hand, and when
he reaches Wrilliams's house, with the most
abusive and insulting language, he call9
upon Gradenton to come out, and when
the latter comes out of the house h® imme-
diately opens fire upon him. It is true,
Gradenton returned his fire and wounded
him. This, however, does not in any man-
ner change the nature or degree of his
offense. Under the circumstances, had
death resulted from his assault, the crime
would have been murder in the first de-
gree—that is, murder containing all the
elements of express malice. In a trial for
assault with intent to murder, the court
should not instruct on aggraved or simple
assault unless the evidence calls for such
instruction. Sims vs. the State, 4 V. C. A.
144, and other authorities.
As was said by this court in Pugh'scase:
" When one charged with committing an
assault with intent to murder is shown to
have given the first insult, and to have be-
gun himself the attack, which finally re-
sulted in the effort on his part to kill, he
can not mitigate the offense by showing
that he attempted to kill under the imme-
diate influence of sudden passion caused
by injuries received from his adversary
during the rencounter. In this case, as was
said in Crane vs. the State (41 Tex. 494),
the insult, the passion and the assault were
all on the side of the defendant." Inde-
pendent of his threats, and his deliberate
mind and formed design, as evinced by his
actions, the offense of defendant could not
have been manslaughter, under the evi-
dence, had death ensued, for the law is
that, 44 though a homicide may take place
under circumstances showing no delibera-
tion, yet if the person guilty thereof pro-
voked a contest with the apparent inten-
tion of killing or doing serious bodily in-
jury to the deceased, the offense doe3 not
come within the definition of manslaugh-
ter." P. D. art. 2260.
So far as the law of self-defense was
concerned, there was nothing in the evi-
dence requiring such a charge.
The guilt of the defendant was clearly,
plainly and indubitably established, and
we think he has every reason to congratu-
late himself that the jury affixed his pun-
ishment at the lowest penalty (two years)
attached to the crime.
There being no error the judgment is af-
firmed.
theft op cattle.
576: J. H. Taylor vs. the State. Appeal
from Erath county. Judgment affirmed.
Opinion by John P. White, judge.
This case is almost identical in all its
features with tho case of J. H. Taylor vs.
the State, decided at the present term.
The difference in the two cases is, that ap-
pellant in this case is indicted for the theft
of five cattle, the property of one T. B.
Long. Evidence in the case, and charge
of the court is substantially the same as in
the former case, which is referred to as
declaring the law applicable to all the
questions herein raised.
The judgment of the court below is af-
firmed.
552: The G., H. and S. A. Railway com-
pany vs. R. L. Anderson. Appeal from
Fort Bend county. Judgment affirmed,
Anderson to recover from above road the
amount adjudged below and costs.
435: B. H. Epperson & Co. vs. Wise &
Sternbock. Appeal from Harris. Judg-
ment affirmed, Wise & Sternbock to re-
cover amount adjudged below from B. H.
Epperson, A. W. Wright, and the firm of
B. H. Epperson & Co., as principals, and
their sureties, T. M. Bagby and L. B.
Todd.
562: C. W. Parker vs. City Bank of
Houston. Error from Harris county.
Judgment affirmed. Parker and his sure-
ties, Joseph Blackslee and Hy Fisher, to
pay all costs.
The following cases were submitted on
briefs by the state:
Bunk Gatlin, Frank McMuilen, and
Leght Townsond—all vs. state of Texas.
592: T. J. Collins vs. the state. Appeal
from Harris county. Submitted on briefs
and arguments bv both parties.
Court adjourned. - .
U. S. Commissioners Court.
John January, accused of stealing a
registered letter from the Harrisburg post-
office, containing $25, had a preliminary
hearing before commissioner Johnson to-
day, and was bound over to appear before
the u. S. district court on the first Mon-
day of April, under bond of $500. The
complaint was lodged by special agents
Walker and Foster, and prisoner arrested
and brought to the city last night by
deputy U. S. marshal Dempsey.
District Court.
The Ochiltree-Jordan case was still in
the infancy of its trial when the court
closed to-night. Five days time have been
consumed so far. Next week the judge
has announced he will take up other cases
in the forenoon, and give only the after-
noons to" the contest case. In Tuesday's
issue we will give a history of the progress
made by the case up to that time, number
of witnesses examined, testimony elicited,
etc.
Recorder's Court.
removing sand from beach.
Antone Hess, on the above charge, was
arrested and put on trial. The officer tes-
tified that he saw accused taking the sand
from the beach between Tenth and Elev-
enth. Accused claimed that the place
from which he took the sa0i was his own
lot, and that it was above grade. This
not being corroborated, the recorder fined
him $5. An attorney subsequently ap-
peared for the accused and desired the
case reopened. Some discussion arose and
divided opinions among the members of
the bar present, tvlio were consulted by
the recorder as amicus curia?, and the
matter finally went over till Monday,
wlien the recorder said he would examine
all the ordinances on the subject, and if he
had inflicted tlie sine from want of proper
information, he would set aside his verdict
and again open tlie case.
on the vag.
Frank Goodwin begged something to eat
from a man who sells coffee in Central
market, which was given to him. When
the man's basck was turned he commenced
pilfering apples from the stand, and a po-
liceman who saw him took him to jail as a
vag.
George Driver, from Dallas, wss found
asleep in a hay-loft.
J. Campana, a regular visitant, was,
with Driver, turned over to the- chief as
vagrants.
mrs. merrick.
There were two charges against Mrs.
Merrick- one was abusing, insulting and
striking D. Schwan, and another abusing
and insulting Lydia Evans. The first
charge was dismissed. The second occu-
pied a lone: time in the trial. There wero
about ten witnes^bs examined- Mrs. Mer-
rick is a woman advanced in life, the
mother of two or three children. Lydia
Evans is a young girl, just budding into
womanhood. The evidence for the plain-
tiff was that accused bad made a base at-
tack upoYi the good name and fame of the
girl without there l>eing any cause. For
the defence this was denied. The lan-
guage sworn to by the witnesses as used at
the time of the alleged 44 abusing and in-
sult"—to wit, on Saturday night, March 8,
was disgustingly obscene: and its flippant
narration by some of the witnesses,'show-
ing that they thought it nothing unusual,
makes the neighborhood of Twenty-eighth
and Church the compeer of any of the
dens described by Sue or Dickens. In fact
the evidence is wholly unfit for publica-
tion. It would be good work for the
churches to spread a little of their purify-
ing influences over this infamous neighbor-
hood : some of the aged elders might find
missionary work there that would be re-
membered when they recounted their
good deeds to Him whom they profess to
worship. The recorder fined Mrs. Merricjc
$250, and put her under a peace bonds of
$50.
Legal Jottings.
The clerk of the district court announces
that he is now ready to pay out scrip to
jurors.
Tlie Spring Demand.
The spring demand for lighter clothing
has set in in earnest, and business is brisk-
ing up considerably. The activity was
very manifest at Broussard's, the well-
known one pric* clothing emporium on
the strand. His prices open remarkably
low this season.
A Lake of Salt.
And S. F. R. R. for Galveston—prospects
good—buy groceries at Galveston Cash
Grocery if you want to be happy. Apple
preserves 20c. per lb. Every family should
have one of our /abor-saving scouring
brushes. Remember our parched ooffee
and fine teas. No trouble to show gooods.
G. C. G., 20th St.
The invitation as printed below to Miss
Hemdon, the beautiful southern artiste,
has been accepted, and the lady will ap-
pear at the opera house next Thursday
evening :
Galveston, March 11, 1879.
To Miss Agnes Herndon :
We, the undersigned, officers and mem-
bers of the Historical Society of Galves-
ton, and other established residents of the
city, learning your presence in our state
through the distinguished commendations
of the press and many of our most hon-
ored citizens, of your peerless literary and
dramatic entertainments, have deemed it
a proper and opportune season and oc-
casion to invite you to visit the metropolis
of Texas, if convenient to you and com-
patible with your other engagements, with
a view to favoring us and the other worthy
people of Galveston with the enjoyment
of your intellectual and artistic feast at
such time as you may indicate as accept-
able.
Wre assure you, though we have not be-
fore been favored with your personal pres-
ence in our city, that we are not strangers
to your fame and distinguished worth ;
and from a knowledge of the discriminat-
ing culture and taste of this community,
we besi>eak for you a full house and a cor-
dial and hearty reception.
A. H. Willie, Pres't. H. S. G., Dozier G.
Herbert, Sec. H. S. G., George F. Moore,
M. H. Bonner, Jno. T. Hareourt, T. J.
Girardeau, C. L. Cleveland, A. S. John,
R. L. Fulton, H. Blagge, James Mont-
gomery, Cyrus Thompson, A. VV.
Spaight, Alfred C. Garsia, F. Charles
Hume, K. S. Willis, Wm. H. Stewart,
Walter Gresham, M. Marx, W. L.
Moody, J. Z. H. Scott, George Flournoy,
Robt. G. Street. M. E. Kleberg, L. C.
Fisher, C. B. Sabin, H. W. Rhodes, M.
C. McLemore, R. T. Wrheeler, J. G. Goid-
thwaite, Thos. M. Joseph, Robert S.
Gould, H. A. Laades, J. E. Wallis, T. N.
Waul, John Sealy, W. H. Williams,
George Sealy, George Walshe, J. M.
Brown, J. ML Walthew, H. Rosenberg,
M. Kopperl, S. Blum, Leon Blum, John
Joss.
To Hon. A. H. Willie, Pres't,; D. G. Herbert,
Sec'y Historical 8xiety ; Hon. Rob't.
Gould, Hon. M. H. Bonner, Gen. T. N. Waul,
Henry Rosenberg, Geo. Sealy, Prof. T. J.
Girardeau, R S. Willis, Hon. M. Kopperl,
Hon. C. B. Sabin, Col. L. C. Fisher. Leon
Blum, CoL Geo. Flournoy, Hon. W. L.
Moody, Col. J. M. Brown, George Walshe and
others :
Gentlemen: Your kind and courteous
note of the 11th inst.. inviting me visit
Galveston soon with the purpose of pre-
senting to the cultivated people of your
city my rendition of the classic authors,
has been received and considered ; and
with grateful appreciation of your ex-
pressed consideration, I accept. It will be
convenient for me, so far as I can divine the
future, to be in Galveston, with a view to
compliance with vour reouest, on Thurs-
day, the 20th of this montn ; and I assume
the privilege of designating Tremont opera
house as a suitable place for the entertain-
ment.
With grateful acknowledgments for
your complimentary proffer,! am, very
" lly yours, etc.
Agnes Herndon.
respectfully yours. <
San Antonio, Texas, March 14,1S79_
The photographic art is making rapid
strides toward perfection. The Lamber-
type, a permanent print in carbon, is the
most valuable recent addition to the art.
These pictures will supplant all others on
account of their durability. Blessing So
Brother are very successful in making this
new style. Their work compares favora-
bly with the best European productions.
Remedy for Hard Times.
Stop spending so much on fine clothes,
rich tood and style. Buy good; healthy
food, cheaper and better clothing; get
more real and substantial things of life
every way, and especially stop the foolish
habit of running after expensive and
quack doctors or using so much of the vile
humbug medicine that does you only harm,
and makes the proprietors rich, but put
your trust in the greatest of all simple,
pure remedies. Hop Bitters, that cures al-
ways at a trifling cost, and you will see
better times and good health. Try it once.
Read of it in another column.
Testimony from a Well Known Ac-
tor—Kit, tlie Arkansas Traveller.
Messrs. J. & C. Maguire: Your Cundu-
rango Liver and Blood Bitters and Benne
Plant, now two justly celebrated medi-
cines, have proved such invaluable reme-
dies in my experience, that I can confi-
dently recommend them. Their success is
truly remarkable. Respectfully, F. S.
Chanfrau. For sale by Thompson,
Schott & Co., Galveston.
Tlie Tremont House
has made a deduction for families desiring
Uj spend the summer at this delightful
house. Families intending to remain in
the city during the summer should avail
themselves of those fine south rooms.
Over a million
of Keep's celebrated dress shirts now in
use. Made to order. 6 for $9; ready made,
6 for $7 50. Furnishing goods of every de-
scription. Call and leave your measureJat
Barton's. 160 Tremont street. Country
orders solicited.
Tlie Secret Discovered.
Great revolution in Shirt-making ! 30
per cent, commission paid ta agents saved
by purchasing direct from the only Shirt
Manufactory in Galveston. 44A word to
the wise is sufficient." Shirts cut and
fitted on a naw and improved plan. Partly
made Shirts, bodies or Wamsutta cotton,
fine linen bosoms and cuffs, guaranteed a
perfect fit, ready to be made at home, 6
for $4. Shirts complete, made to order, 6 for
$8 and upwards. G. T. Morris, Postofflce
street (Bollinger Jack's building). Box
888*
Bisliop Gregg's Winter and Spring
Visitations.
Willis Wednesday March 19
Huntsville ...Sunday March 23
Orange Thursday March 27
Galveston Sunday March 30
Harrisburg.. .Thursday April 3
Houston Sunday April 6
Independence Wednesday April 9
Brennam .... Good Friday and
Easter Day Ap. 11-13
Austin Meeting of Coun-
cil April 16
Marshall Wednesday April 23
Richmond Sunday April 27
Columbia Thursday May 1
Brazoria Sunday May 4
Matagorda.. .Sunday May 11
Caney Sunday May 18
HOTEL ARltlTALS.
Tremont House.—Bradford Allen, C B
Greely, St. Louis; Stepnen Brush, New York;
Wm Davis, 6an Antonio; K B Arndou, Kansas
City: C Helber?:, Houston: E T Jsqiies, Phila
delphia; Dr and Mrs F Bacon, New Haven; H
Smith and wife, Cincinnati; J E Lynn, Phila-
delphia; C Roby, New York; Chas Blain. Con-
necticut : J C State, Brooklvn; L H Cordry, St
Louis; Mrs G B Moore, Pennsylvania: £ F
Walker, St Louis; .T D Benjamin, Connecticut;
J S Epperson, Sandy Point; G B Moore, Penn-
sylvia: W H Kerns, Hannibal; E Schneider,
Miss H Thompson, S T Betto, Chicago; HB
Colyer, Houston.
Girardin House.—J S Merrithew, N y: John
Finnegan, Houston; CA Haynes. NY; CD
King, N Y; J Reynolds. New Orleans: E
Schoen, New Orleans: M Lawson, N Y.
WasuIngtonHotfl.—A B Jones, Chicago: F
J Roosa, N Y; R B Wentworth and wife. Wis;
S S Tabor. St Louis; A J Baldwin. Ga: T Ste-
vens, Ga; S T Wiley, Mobile, T L Irwin, Mo; H
A McAdams, Huntsville: Charles Guer, Colum-
bus, Ga: Joseph Walker, Austin :T B Franklin,
Houston; J Wiggand, Erenham; Charles
Hare, Texas,
Geograpliical Progress.
[From the London Athenaeum.l
Col. Prejevalsky started on his Cen-
tral Asian journey on the 1st inst. by the
Nichohis railway. He is accompanied
by ensign Eklon (who was his associate
on his two previous journeys to Mongo-
lia and Lob-Nor), ensign Roborovsky, as
draughtsman, and two subordinates. At
Kuldja he will be joined by the same in-
terpreter that he had on his last journey,
and at Zaissan by five Cossacks. From
the last named place the expedition will
start with thirty camels and some horses
for Hami and Snhchau, and thence pro-
ceed to the mountains of Kansu, which
are so interesting on account of the rich-
ness of the animal and vegetable life
there represented. The party will then
make for Lhassa by the usual route,
and by February, 1SS0, will hope
to reach the Himalayas by way of
the Brahmaptura river. Tne colonel
will then dispatch his collections to
Urga under charge of his Cossacks, and
he himself will travel to Khotan, Kash-
gliar and Ferghana. He has been most
fully equipped for his arduous task, the
Imperial Russian geographical society
having contributed 20,000 roubles. The
scope of the colonel's proposed research,
es is most comprehensive and even am.
bitious. It includes the examination o
the route across the desert from Hami to
Kansu and on to Lhassa, the southern
portion of which especially requires at-
tention, and the exploration of the only
remaining unknown portion of the
course of the Brahmaputra, and of the
direct route from Lhassa to Khotau. If
he con accomplish but a third of this
programme he will have done a great
geographical severice.
W AN UNSUCCESSFUL JOURNEY,
31. Oshanin, the Russian explorer,
who has recently traveled through His-
sar, Karateghin and the northern Pamir,
has had to return without bein«r able to
cross the Pamir and the Hindu Kush,.as
he hoped to do. The passes and defiles
between the Muk-su river and the Takli-
ta-Kuram pass proved to be of the most
break-neck character and quite impassa-
ble for pack animals. There is thus lit-
tle prospect of the western Pamir and
the unknown districts of Roshan and
Sliignan being explored from this side,
though they might prove more easily
approachable from the direction of Kila
AVanj or lake Great Cara-Kul.
THE SAHARAN CANAL.
M. Roudaire reports favorably on the
experimental borings made by him along
the neck of land separating the gulf of
Gabes from the Saliaran depression.
Nothing but sand and soft soil were en-
countered down to a depth of 100 feet.
There are no rocks, and M. de Lesseps
expresses himself satisfied that the con-
struction of a canal will meet with no
difficulties.
IN COSTA RICA.
Preliminary steps have been taken for
laying down a railway in Cosifc Rica,
and M. E. Ansart, a civil engineer, in a
letter to the French geological society,
has given an account of his operations
to that end. These consist in reconnoi-
tering and clearing the necessary line of
projection from the coast inland toward
the capital, San Jose, around which cof-
fee is plentifully grown. M. Ansart
states that considerable difficulties have
been encountered, owing to the luxuri-
ance of the vegetation and tlie volcanic
nature of the range bounding the central
plateau on the east, in which fissures
and gorges of enormous depth were of
frequent occurrence.
Four Boston girls, ranging from 8 to
12 years of age. have l>een caught pick-
ing pockets. They have worked mainly
in Methodist revival meetings, where
the crowding and the fervor made the
women careless as to their valuables.
Ninety handkerchiefs were found in the
little thieves' room, besides many empty
pocket-books and articles of jewelry.
Prof. Blackie, of Edinburgh, preach-
ed a sermon at St. David's church, on
Sunday evening, February 23. He want-
ed to prove that Christianity is ident ical
with conservatism. He said that Chris-
tianity favors 44 authority, order, subor-
dination and obedience to existing law,"
while the liberals are characterized as
"the party of restlessness, discontent,
self-assertion, unqualified freedom and
individual lawlessness."
RAILROAD MATTERS.
PIcmorial of Representatives of the
Roads—Gov. Roberts's Message-
Table of Rates, Etc.
message from tlffi governor.
Executive Office, )
Austin, March 11, 1879. )
To tho Hon. Senate and House of Repre-
sentatives, in legislature assembled: I
herewith submit to you the annexed me-
morial of the principal railroad companies
of the state of Texas, in relation to tho
regulation of freights in article 4257 in the
civil code, adopted this session of the legis-
lature. They represent a very great in-
dustrial interest, and a very large amount
of property that has been fastened upon
our soil permanently, under the encourage-
ment of the legislative action of the state.
That encouragement has consisted of a
loan of money as to some? of them, and a
donation of land and the passage of a gen-
eral law indicating the mod© and measure
of regulating freights and the fare of pas-
sengers, as well as stipulations in relation
thereto in their charters. This liberal en-
couragement has induced them to intro-
duce into this state many millions of
money, and invest it in railroads that now
reach almost every portion of the most
densely settled parts of the state. The
benefits conferred upon such portions,
without any special enumeration of them,
may be estimated by the great desire of
other sections of the state to get railroads
constructed for their use. Anticipating
that some action might be taken by the
legislature on this subject, I, in my inau-
gural, called attention to the difficulty of
doing it in such a way as to do justice to
the interest of all parties. I now most re-
spectfully recommend a patient and se-
rious consideration of the facts and views
prosented in this memorial. The legisla-
ture has the right to create artificial per-
sons in the shape of railroad companies,
and bestow upon them franchises. It has
also the right, as I believe, to regulate
their conduct, the same as if they were
natural persons. This is a question of
continuing an abiding power in successive
legislatures to regulate the conduct of per-
sons, both natural and artificial. The aoc-
trine that a privilege granted in a charter,
creating an artificial person, constituted
a contract, binding upon all future legisla-
tures, was judiciously settled when the
subject was ono of little importance in
reference to the national interests of the
country. It is not so now, when a vast
amount ef the business of the country is
carried on through incorporated compa-
nies. The magnitude of the subject now,
as I long since anticipated (see 24 Texas
Reports, p. 131), will force upon the coun-
try what 1 consider a more correct view
of the powers of government, as it has al-
ready been assumed in the second section
of the twelfth article of our constitution,
adopted in 1876. Wrhile I recognize the
power to regulate freights, I fully appre-
ciate the necessity of very great caution
in the exercise of it, and beg leave to ask
of the legislature a thorough examination
into the subject before the rates under
which the roads were built shall be altered
to their prejudice. It should be recollect-
ed that most, if not all, of these roads were
constructed at a time when the cost of
construction per mile was high; that in
their construction an interest-bearing
bonded debt had to be contracted by them,
and that it was only upon such terms that
railroads could then have been built at all
in this state. We now have the benefit of
them built on such terms. Under these
circumstances I would recommend that
great care should be taken in legislating
concerning them, so that their interest
should not bo prostrated in the ef-
fort to do justice between them
and the people who use the
railroads which they have built.
In addition to what has been said, I desire
to call your attention to the fact that, un-
der the.statute (General Laws of 1S76, page
312,) it is made the duty of the attorney
general, unless otherwise directed by law,
to seek a judicial forfeiture of all charters
of private corporations receiving state aid
which have not conformed to their charter
stipulations. While this power should bo
vested in that officer, yet I am inclined to
tliink that some discretion should ai: , be
given him to determine whether it is to
the interest of the state to prosecute such
suits in each particular case. Most of tho
railroad companies of the state have failed
to construct their roads within the time
prescribed in the charters. Under the law,
the attorney general must take steps to
forfeit the charters of such companies.
New charters may be obtained under the
general law, and, unless some advantage
to the state could be obtained by bringing
the suits at this time, no reason is seen
why the suits should be brought. The dis-
cretion to determine that might well be
left to the attorney general representing
the state. O. M. Roberts.
memorial. i
To his Excellency, O. M. Roberts, Gov-1
ernor of the State of Texas: We the un-
dersigned, representing the principal rail-
roads of Texas, would respectfully repre-
sent to your excellency, that in the civil
code which has recently become a law,
article 4257 establishes freight rates that,
if enforced, must hopelessly ruin every
road in the state. This section is as fol-
lows: 44 No railway company in this state
shall demand or receive for transportation
of freight over its line of road exceeding
twenty-five cents for each one hundred
pounds for each one hundred miles or frac-
tion of one hundred miles over fifty miles,
and when the freight is transported less
than fifty miles, the charge therefor shall
not exceed thirty cents per one hundred
pounds." The language of this section is
so uncertain that we are constrained to
believe that it does not convey the ideas
or intentions of those who prepared the
code. As an example, the law, as framed,
does not provide for any charge for a haul
of fifty miles, and authorizes a greater
charge for for forty-nine miles than for
one hundred miles. We believe and claim
that the lines we represent are protected
under their charters against the code rates
complained of, but it is hoped the legisla-
tion may be so shaped as to bring no con-
flict of interests, as we desire to be in har-
mony with the public policy, and hope
that it may bo necessary only to draw at-
tention to the matter, to so shape legisla-
tion as to protect all interests. The lines
we represent have cost over seventy-five
millions of dollars, at a cost to the people
of the state of less than five millions of dol-
lars, and are paying into the treasury
about one-eighth of the entire revenue of
the state.
Even the attempted assistance of the
state to aid the roads by grants of land
has so far heen but a burthen upon them,
as in every case the ti'xes paid by the
companies have been greatly in excess of
the revenue de lived from land sales. There
may be a prospective value to those lands,
but it is absolutely dependent upon the
further extension of tne roads, and the
bringing into the state by the raiiway
companies of immigrants to settle upon
them. We can not believe it was the in-
tention of the framers of the code, or of
the legislators, to destroy the roads in
operation, or to check railroad develop-
ment in the state, but to those experienced
in railway matters, such a result must be
inevitable, should the code rates be en-
forced. The section under consideration
at once reduces the rate privileges of the
lines we represent just fifty per cent., and
must send every mile of road in the state
under the hammer of the auctioneer with-
in twelve months. The fact exists, that
with all tho benefits and advantages of
the maximum rates allowed by the old law,
and under our charters, not a road in the
state has paid a cent to stock investors.
The company owning and operating the
greatest mileage of any in the state (the
lntornational and Great Northern) is now
bankrupt, and in the hands of a receiver.
W ith this data, which is known to every
one without further proof, what would be
the result of a reduction of fifty per cent,
of the maximum allowed by law ? It is
confidently asserted that a compliance
with the rates permitted in section 4257
of the Civil Code the solvent companies
would become bankrupt, and the insolvent
ones unable to longer exist, or earn suffi
cient to pay their operating expenses. An
examination of the question of transpor-
tation exhibits the fact that the many
articles transported are capable of bear-
ing varying rates in payment for trans-
portation—in proportion to the value of
the article transported, and that the value
of the transportation has in reference to
the cost of performing tho service. The
railroad company must earn an average
rate which will be sufficient ly reniunera
tive to pay the expense of transportation,
and also an interest on the investment.
If the maximum rate charged on articles
of luxury and great value is high, the
rate on necessaries and staples can be pro-
portionately low, so that an average or
mean rate may be remunerative, and this
again is dependent upon th^ tonnage of
each class that is carried. I£ ,the maxi-
mum rate is made at a low figure, those
articles which have been heretofore trans
ported at a remarkably low rate must
necessarily be raised to make the average
remunerative. For instance, one car load
of cotton, in round numbers, is the pro-
duct of a year s labor of five men and
eighty acres of land, and valued at about
$1600; one car load of inmber is the pro-
duct of one acre, and tho labor of about
one-sixteenth of one man, and valued at
fifty dollars, and the cost of hauling both,
irrespective of handling or the risks of
tire, etc., may be considered as nearly tho
same, yet the low rate charged on lumber
is only" compensated by the charges made
on freights of a higher class, so that the
average may be a fair compensation.
Lumber at Austin in 1870 was worth
about $75 per thousand feet, board mea-
sure. Under the present low rates, which
the maximum permits railroads to trans-
port it, establishes the value of lumber at
Austin at about *17 per thousand feet, but
should the maximum be reduced, say one-
half, the low rate upon lumber, and simi-
larly classed articles, must be raised to
make a remunerative average rate for the
total tonnage hauled, and lumber would
then sell at Austin for more than twice
its present value per thousand. This in-
stance would apply to almost every point
in the state affected by railroad rates, and
would tend, not only to double the value
of lumber, but necessarily increase the
cost to the consumer and producer of all
articles which are classed in the lowest
rates, and probably prevent the transpor-
tation of some of them.
A careful calculation will exhibit, in
round numbers, that a carload of cotton,
in comparison with a carload of grain, is
nine times greater in value, is the product
of seven times as jnuch acreage of ground,
and is also the result of twenty-two times
as much labor. Should, therefore, the
same rates be applied to both carloads, the
grain grower would pay for the trans-
portation of the year's product of his farm
ten to twelve times more than the cotton
grower. This method of comparison ex-
tended would exhibit discrepancies still
more marked, and it is to equalize such
discrepancies that freights are classified
and rates varied from the maximum al-
lowed by law to the lowest rates applied
to articles (stone, bone9, etc.), whose value
would not permit of transportation except
at the lowest rate permissible. The ques-
tion as to how long a rate is remunerative
is so varying, and dependent npon so
many facts, as to empty cars, rains, acci-
dents, etc., that it is beyond human fore-
sight to state, except in special and indi-
vidual cases. To make brief an argument
that could be extended into volumes: The
railroad commissioners of various states
have finally concluded and asserted the
transportation problem to be governed by
the usual laws of commerce and trade, and
it seems a logical conclusion that when an
average is sought, the reduction of the
maximum limit would necessarily raise
the minimum limit, especially when the
greatest tonnage is of the lower classes.
We could add much to show that the code
rates would work great hardships upon
the people as well as the roads, but we re-
spectfully submit that there is no real con-
flict between the interests of the people
and the roads, and that under the liberal
general railway laws of the state, if not
restrained by unfriendly legislation, roads
may and will be built in competition with
existing lines as rapidly as the develop-
ment of the country offers a living for
them, and, under competition so brought
about, rates and railway tariffs will adjust
themselves without legislative interference
as promptly as in other commercial tran-
sactions. A bill has passed the senate,
and is now before the house, amending the
code, ana restoring the old maximum rate
of 50 cents for 100 pounds for 100 miles.
The companies have l>een able to exist
with this linutation, and believe they can
continue to do so. This bill also contains
provisions very onerous and restrictive,
and does not, we think, deal justly by the
railway companies; but, as the old "rates
are restored, and as it is perhaps too late
to properly formulate a new bill and pass
it through both houses, such as would be
just and equitable both to the state and to
the railway corporations, we would prefer
that it should become a law, and so relieve
the companies from the great danger of
bankruptcy that seems to be inevitable
under a compliance with the new code.
We respectfully ask, in conclusion, that
you will attention of the legislature to this
matter, in such manner as you may con-
sider right and proper. Respectfully,
G. Jordan,
Vice President H. and T. C. Ry. Co.
P. Bremond,
President E. and W. T. N. G. R. R. Co.
J. F. Crosby,
Vice Pres. and Gen. Manager T. and N. O.
Railway Co.
Frank S. Bond,
Vice Pres. T. and P. Railway Co.
R. S. Hayes,
Vice Pres. I. and G. N. R'y Co.
H. M. Hoxie,
Vice Pres. G., H. and H. R'y Co.
H. B. Andrews,
Vice Pres. G., H. and S. A. R'y Co.
table of rates accompanying memorial
The following table wiil show the rates
in force at the present time, from Dallas
to four stations, relatively: 32, 78, 124 and
163 miles distant from that point, under
the present tariff, and the rates that would
prevail under article 4257 of the new code.
These rates would prevail, under the new
code, throughout the state for similar dis-
tances. The top figures, in each case, are
tho rates now in force; the figures under-
neath are those that would prevail under
article 4257 of the new code, as construed
by one of the commissioners:
Rates per Hundred Pounds in Carload Lots:
ir
x o
£ 6
45 !
, p -j si Comparison of rates.
i First Class—Dry goods,
o"! tea. clothing, liquors,
| cigars, etc.
or i a, £
•— ts , bra
us
I Second Classs—Wagons.
! stoneware, saddlery,
[ furniture, plows, etc.
! Third Class—Ale, be^r,
I burlaps, corn and oth-
er mills, etc.
I
tf.£;
££ £S
Fourth Cla-s—Beef and
Pork in barrel , salt,
sugar, canntd .ruits,
cofiee, etc.
Class A-Bac n and lard,
bagging and ties, etc.
Class B—Agricultural
implements,furniture,
horse shoes, etc.
Class C —V etretables, ap-
ples, vinegar,cider,etc.
CK. I ! cc
- o I in c* j o ©
Class D—Lumber, live
stock, grain, sash,
blinds and doors,
brick, etc.
Class E—Lime and ce-
ment, fertilizers,
bones, pig iron, ores,
etc.
New ]
urial of Sir John ifloore.
[Cincinnati Enquirer.]
Not a drum was heard, because the
drummer was not feeling very well and
asked to be excused, nor a funeral note
of any kind, as his corpse to the ram-
parts we hurried; not a single, solitary
son-of-a-gun of a soldier discharged his
farewell ^hot o'er tlie grave where the
remains of the late Mr. Moore were de-
posited. The farewell-shot business was
omitted on account of the great scarcity
of ammunition. We buried him darkly
at dead of night, and did the best job
we could for him under the circum-
stances. We could not borrow, beg or
steal a pick or shovel in the entire neigh-
borhood, and were obliged to turn the
sods with our bayonets, which, by the
way, was the first thing that had been
turned by said bayonels since we had
been drafted. We did this all by the
struggling moonbeam's misty light,
and the lantern dimly burning, and
just about half enough oil in it, and a
strip of an old flannel undershirt for a
wick. Few and short were the prayers we
said, the chaplain being home on a fur-
lough, and no one within forty miles to
take his place. We spoke not a word of
sorrow, our time being somewhat limit-
ed, as the enemy was not far distant,
and advancing with gigantic strides.
We thought, as we hallowed his narrow
bed and smoothed down his lonely pil-
low with a canteen, that the foe and the
stranger would tread o'er his head, and
we far away on the billow; but not too
far, however, as tlie enemy outnumbered
us about seven to one. Lightly they'll
talk of the spirit that's gone, aud won-
der where they can get another flask
fille.l with the same, and o'er his cold
ashes upbraid hiin, knowing, of course,
that he is in no condition to defend him-
self ; but little he'll reck if they let him
sleep on in a grave where a Briton has
laid him, and not bother him to get up
and take out a burial permit or ask him
to pay ground rent. We wish here to
correctlhe impression that slowly and
sadly we laid him down from the field
of his fame fresh and gory. We did no
such thing. The corpse was washed and
put in good shape, and we defy any man
to show that there was a drop of gore
about him. It is toie that we carved not
a line and we raised not a stone, because
there was no stone-mason handy who
would do the job at reasonable figures.
About this time we heard the distant and
random gun that the foe was sullenly
firing, so we adjourned the funeral, left
the deceased a'one in his glory, aud
made ourselves scarce in that vicinity.
RAILROAU NEWS.
Columbus, Texas, Citizen: Sunset
division No. 7, order of railway conduc
tors, was instituted March &th, at this
place, by J. S. Best, district deputy G.
C. C. The officers elected by the divi-
sion were installed by him and the divi-
sion put in working order. The follow
ing are tlie officers elected to serve for
the ensuing year: G. K. Lemons. Jr.,
C. C.; F. L. Wallace, P. C. Wm.
Mcrntt, A. C. C.; Harry Scofield, S.; J.
W. Hurt/ell, T.; T. 11. Iviagsley, S. C.
of C.; W m. M. Wheeler, J. C. ot" C.;
Wm. Seeliam, I. S.; Jas. Allison, O. S.
Denison News of Thursday: Six car
loads of cattle were received here last
night from MeKinney, aud will be
shipped north this evening. Thirteen
car loads of cotton were shipped north
yesterday. John Curry, formerly cf
the H. and T. C., has accepted a poei
tion on the 51. , K. and T. construction
train. Yesterday morning a man named
John Miller, who had put himself out-
side more benzine than he could conve-
niently carry, climbed upon a freight
train at Stringtown to go to Atoka. The
train had only run a short distance when
he stumbled and fell from the top of
box-car, striking the ground on his head
and shoulders, and rolled down the
bank. The train was stopped, and con-
ductor McFarland picked him up " with
care," not much the worse for his
tumble. Hon. Olin Wellborn says the
Texas and Pacific railroad bill pending
in congress is a thing of the future. It
doesn't require a very wise head to ar
rive at that conclusion. The Texas and
Pacific bill "goes over" to the next
congress, says an exchange. Just so.
and that is about all the " go " the road
is entitled to credit for or is likely to
exhibit.
A great East African company is to be
formed in London on the model of the
extinguished East India company. Sir
John Lubbock and Capt Burton are
among Its promoters.
io.ve IIKFORE COLV1Z3IV8.
w»» Americ- First Settled by the
Ancient Irish?—The Voyage ol'St.
Brendan—Iri.lt Settler. Ill Florida
In the Kljrtitli Century—Tlie Slates
that Probably Composed White-
man's Land, or Great Ireland.
IFrora the Celtic Monthly.]
A majority of readers are acquainted
with the legend or the tradition of the
voyage of St. Brendan and the beautiful
poem on the event by Denis Florence
McCarthy. Nearly all the early Irish
geographers describe Hy-Brazil (mean-
ing tlie west), a name given by the com-
mon mariners, hence Brazil. There must
have been some cause or there would not
have been a legend. It was accepted
as truthful for centuries, and. curious
enough, one of the first books printed in
England by Caxton is an account of the
voyage Of St. Brendan, proving at once
the popularity of the story. The tradi-
tiou was almost forgotten or neglected
by scholars and historians until 1837,
when the Royal Society of Northern
Antiquarians of Copenhagen caused to
be collected and published the Pre-Co-
lumbian voyage to America. In 1841
N. Ludlow Beamish, a fellow of the
Royal Society, London, published the
Discovery of America by tlie Northmen
in the Tenth Century, with notices of
the early settlements of the Irish in the
western hemisphere, which threw a
great deal of light on the heretofore
neglected legend of St. Brendan. There
are various hypotheses, more or less
ingenious, relating to the peopling of
America prior to the discovery by Co-
lumbus, each with some degree of prob-
ability. The learned Rabbi Israel in his
work on "The Hope of Israel," pub-
lished in Amsterdam in 1050, endeavors
to show that America was peopled by
the " lost tribes, " while Prof. Rafn of
Copenhagen claims that a people speak-
ing the Irish language were found in
Florida as far back as the eighth cen-
tury. This will in some manner help
Rev. Mr. Wild, of Brooklyn, out of the
archslogical difficulty he got himself
into when he declared recently in a lec-
ture there that St. Patrick was no other
than the prophet Jeremiah, and that the
early Irish were beyond question of the
" lost tribes. " We don't intend to settle
the question. There is one thing cer-
tain, however, that if they were found
here they all emigrated at once, as no
trace of "them remains in Ireland at the
present day. The Irish were always
fond of roving. Dr. Yon Tschudi, in
his celebrated" work on Peruvian An
tiquities, says that according to
probable conjecture the country
which lay along the Chesapeake
bay, extending down into the
Carolinas and Florida, was peopled by
Irishmen. He says in a note in the latter
part of the work that a manuscript was
found before he finished his book, which
converted the conjecture into certainty.
He lhentions a Northman with the
euphonic name of Breidvikingakappi,
who had an amour with a sister of the
powerful chief, Snorre Gode, by reason
of which he was obliged to emigrate to
America. This was in 999, There were
no tidings of him for a long time until
an Icelandic merchant, named Gvdlief
Uudlangson, desired to return from Dub-
lin to Ieelaud. It appears it was as
dangerous in those days as these, and
poor Gudlief was driven out to sea. He
was taken after a couple of months of
hunger and hardship on the ocean to an
unknown coast, where he was made a
prisoner by the natives as soon as he
landed. In a short time a troop of men
came to him, preceded by a standard,
and speaking Irish, a language he could
speak hims.-If. They were directed by
an old man on horseback, who com-
manded Gudlief to be brought before
him. He asked him in the Scandinavian
tongue who he was and where he ca"ie
from, and discovering him to be an Ice-
lander. he informed him that he was
Breidvikingakappi, the lover of Tliurid,
a Scandinavian princess. He was per-
mitted to return to Iceland, convincing
all that the lover of Thurid was alive, by
a ring brought from him which she hail
given him years previously.
Humboldt, in the Kosmos. says: ."A
country situated further south was named
by the ancient Scandinavians, Land of
the White Men, or Great Ireland. M.
Rafn is of the opinion that this country
represents North and South Carolina,
Georgia and Florida. Are Frode, tlie
most ancient historian of Iceland, in-
forms us that Are Marson arrived in 938
A. D. in that country, where he received
baptism. The same country, the Great
Ireland, has also been mentioned by
Abou Abdallah Mohammed Edrisi, an
Arabian geographer of the 12th century,
who was born in ' Ceuta' in 1099 and
pursued his studies at Cordova. It was
at the invitation of Roger II, king of
Sicily (1130-1154), that this Arabian
author pursued his work, and he is
doubtless indebted to the Normans em-
ployed at the court of Palermo for his
information."
Among the most interesting of the old
saaes mentioned by Rafn is Thorfin
Karisefne. He was an Icelandic mer-
chant of royal descent. He was a fa-
mous voyager, and his discoveries in
America were continued from 1007 to
1010. To Karisefne and Snorne. before
mmtioned, was assigned the duty of
visiting and exploring Vineland. They
started in the soring of 1007 with 100
men. Many 'of those old sailors are
thoroughly described. There is one
man, for instance, named O'Turnill,
from Dublin, who was called the
hunter." He is described as a large,
black-haired, strong man, like a giant,
foul-mouthed of speech, and not over
orthodox as a chri an. He was well
acquainted with foreign parts. He had
been a hunter in Ireland, and, it seems,
acted as steward on board the ship. He
was perpetually quarreling, often drunk,
and was well "acquainted with the vir-
tues of a shillaleagh, a weapon much
dreaded by the northmen. The discov-
eries of Karlsfne are full of interest.
His descriptions of the people found
here correspond with those given COO
years later. A single item from this
saga will be of interest, as entirely cor-
roborating the tradition of St. Brendan.
In the third year of his wandering in
Markland he came across five Skroellngs
or savages. One was a bearded man,
two were females, and two were boys.
The boys were captured and taught
to speak the language of the
Northmen. They gave the name
of their father as Uvoege, and
their mother Vatheldi. Thev stated that
beyond them on the mainland there lived
a people white in color, wearing white
garments, carrying tiags on poles, and
shouting loudly. They came to the eon-
elusion that the country must have been
the one they often heard described by
their own navigators called " Iloitraman-
naland eda Ireland et Mvkta," that is,
Wiiiteman's Land or Great Ireland. The
earliest tradition as to Whiteman's Land,
or Great Ireland, is found in the Land-
namabok, A. D. 982. It appears that
Aei Marson, one of the fearless adven-
turers of the northern seas mentioned be-
fore, was driven to the coast of the Caro-
linas. and found the people such as were
described by the two Skroeling boys
made captive by Karisefne speaking
Irish, such as couid be understood by
him. He was kept by them, made a
chief, and never allowed to go to sea.
Some very curious particulars are
accumulated from the narrative of
Lionel Wafer, who lived for several
months among the Indians of the isthmus
of Darien, which go to confirm Prof.
Rafn that there were races of people in
the country besides the Indians, who
were unlike them in language, dress and
manners. Wafer savs thaf there was
centuries, it is as little Improbable that
they should have taken longer voyages.
It may seem an impertinence now for
a people who never lift their voices but
in a whine to speak of past glories and
particularly as we find nothing in Irish
history beyond a mere tradition of this
Great Ireland. We have to go the
stranger again. It is doubtful even if
Irish scholars in America or Ireland
have read those works of Beamish and
Rafn.
When we even join against a common
enemy now a days we quarrel among
ourselves as to modes of action. Give
up or unite. Don't continually give an
excuse for the finger of scorn to be
pointed at us by our natural enemies.
There is one unpublished manuscript on
the discovery of America by the Irish,
in Paris, and there may be many in
Trinity college. They should be sought
out and translated. What a glorious
thing it would be for Ireland to give
America her history in connection with
the many other good things she has
given her.
It is a well-known fact that Columbus
not only visited Iceland, but Ireland as
well, previous to his voyage hither, and
was assisted in his researches and travels
by a gentleman named Patrick Maguire,
who was also tlie first man in his expedi-
tion who set foot on American soil. This
is recorded in a publication by an Italian
priest, named Tornitori, in'the seven-
teenth century. The boats having been
launched on nearing the shore, the bay
being shallow, Pat jumped out, wading
ashore, and thus helped to lighten the
boat. The roster of the ship's crew is in
tlie archives at Madrid, and it shows
several Irish names, but Paddy Maguire
was the first man who touched Americar
soil. Truly, history repeats itself.
Where Limes are Grown,
Tlie little island of Montserrat, one oi
the most charming and salubrious of the
British West Ind ian colonies, with an
area of but forty-seven square miles, oi
considerably less than that of London,
contains the most extensive and best cul-
tivated plantations of the lime-fruit tree
in the world. These "orchards" are
the development of a small plantation
established but a quarter of a century
ago, when the virtues of the juice of the
lime-fruit were not so universally recog-
nized as they are now, when for the cap-
tain of a ship to neglect to distribute
among his crew their daily dose of lime
juice is to run the risk of heavy pecuni-
ary penalties, to say nothing of serious
outbreaks of scurvy. The cultivation
of the plant, which involves a large out-
lay of. capital, with no immediate return,
was not at first attended with any com-
mercial success, but the Montserrat com-
pany now owns 600 acreg of land,bearing
120.000 trees, from which crop is gathered
nearly all the year round, the heaviest
harvest extending for three months,
from September to January. The ap-
pearance of the trees—with their dark-
green leaves growing thick and bushy,
and relieved at one and the same time
by the bright fruit in different stages of
ripeness, from green to a rich, ruddy
yellow, and by tlie fragrant white flow-
ers, resembling orange-blossoms—is one
of extreme beauty, and a lime-tree or-
chard is perhaps unequaled by any other
similar plantation. The very leaves of
the tree emit a delicious perfume, anj
are largely used in the West Indies fof
the purpose of scenting water for toilet
and other purposes. The trees do» not
bear fruit till they are seven years old,
and during that period they require
careful attention and pruning; they are
otherwise easy of cultivation, flourish-
ing best in light soils near the sea. Tho
production of fruit is very large; anil
the process of extracting the. juice ii
easy, the fruit being simply sliced and
pressed, and the juice at once placed in
casks ready for exportation.
FOH. *4 AT.-F1-
1 THREG.STOR1' BRICK STORE,
(Nichols Building.) next to corner C Titer street
and Strand. Also, one lot und improvements
on Avenue K, west of Bath avenue, blocfc No*
l45. Apply to W. H. NICHOLS,
Office, corner Bath Avenue and Broadway.
Great Jewelry Sale!
Glassware Sale.
Chinaware Sale.
A. 3VI3E 1=8. X <C3 A. T«ar
CHIKAWAAS SALS.
IRIDESCENT GLASSES.
ORNAMENTAL GROUND. CUT ANfi
EDGED GLASS IN GREAT
VARIETY.
PIKTGER BOWLS
• In Great Variety of Color aad Decoration.
Ceisry Bowl and Xce Bowl
AMERICAN CHINA
TEA SETS,
44 PIECES— $8.
FRENCH CHINA
MOSS ROSE 1 Eii. SETS.
44 Pieces—si5.
French China (First Quality)
X>I3Sr3Nr23H. SKTS
ol 127 Pieces—for $lO.
AMERICAN
China Dinner Set
FOR $10.
GLASS FRUIT &~FL(WER STAND.
Barometrical Flower Glaus Salt
Seller and Spoocliolder.
Fine Cut Vlasn—Wine, Brandy and
AVbi»k)-D<><'niiter, Bar Tum-
bler, iHuKtaciie Cup.
BOHEMIAN TOILET SETS.
fainance vases.
Royal Dresden China
DESSERT PLATES;
SUGAR BOILING THER.UOMETEiiS.
from 10-15, 10-23.
TT A TVTT-» MIRRORS
Magnify in z an.l Plain Glass.
German, English. French. Bohemian, Flemish
ARTISTIC POTTERY.
tThese Goods, with the Extensive Stock
of Jewelrv ana Silver an<i Plated Ware, Table
aad Poc*et Cutlerv, will be soli at GREATLV
REDUCED PRICE.
M. W. SHAW FRO.
"OH! MY
BACK!
Pains In the Back,
Side or Loins ars
cured bv HUXT S
REMEDY, the
Great Kidney and
Liver Medicino. It
is not a new com-
pound.having been
used by all classes
for 30 years, and
saved from linger-
ing disease and
death hundreds who have been given up by physi-
cians. HUNT'S REMEDY cures all Diseases of tho
Liver. Kidneys. Bbulderand Urinary Organs,Dropsy,
Gravel, Diabetes, and Retention of trine. HUNT'S
REMEDY cures Ii right's Disease of the Kidneys.
General Dfbility, Female Weakness, NervouS
Diseases, and In'temperance. HUNT'S REMEDY
cures Bilious Headache, S«>ur Stomach. Costivenest.
Dyspepsia, Strengthens th« Bowels and Stomach,
and makes the blood perfectly pure. HUNT'f*
REMEDY is prepared EXPRESSLY for these
diseases, and has never been known to fail. On®
HUNT'S
REMEDY
T-r lu T trial will convince you. HUNT's REMEDY is purely
wonderful flfulllty between tne spoken | Vegetable, is used by Family Phys-ii-iiins. and thy
language of tlie people of Darien and '
that of the highlands of Scotland. He
says: " In my youth I was well acquaint-
ed with the highland or primitive Irish
language, particularly at Navan, upon
the Bovne, and about the town of vir-
gini upon Loch r'ammcr. in the countv
of Cavan, and 1 learned a great deal of
the Darien language in a month's con-
versation with them "—the Indians. It
might be productive of good results to
compare the ancient religion of the Mex-
icans with that of the Druids. The
question presents itself, " Were the Irish
fond of travel in those early days, and
had they a sufficient knowledge of navi-
gation? " The answer will be found in
the fact that our civilization dawned far
in advance of the rest of Europe, and
Mr. Beamish's book gives ample proof
that Ireland was foremost at a very
early period in colonizing distant coun-
tries, and had sufficient means of ship-
ping her intellectual superiority to every
people in tlie world except the Saracens,
was conspicuous in those early times,
aud her learning furnished a storehouse
from whence the people of Europe drew
their supply. Sixty-five vears previous
to the discovery of Ireland by the North-
men, in the ninth century, Irish emi-
grants had visited and inhabited that
island; and about the year 725 Irish ec-
clesiastics sought seclusion on the Faroe
islands.
All these proofs and traditions present
a reasonable theory that the Irlsti had
settled the southern" portion of America
and introduced a civilization of which
we have traces to-dav, hundreds of
years before the era of Spanish discov-
ery. ' From what cause," argues ilr.
Beamish, "could the name of Great Ire-
land have arisen but from the fact of
the country having been colonized by
the Irish? and having visited Iceland
and the Faroe* in the seventh and eighth
be placed in it.
hunt S REMEDY
encourages sleep,
creates an appetite.
braces up the sys-
tem. and renewed-
health is the result. |
Send for Pamph-1
let toW m.E. Clarke, I
1'BOVlDfe.NCK, R. I. I
SOLD BY ALL PKPGGISTS.
JAPANESE
and
CliNESE PORCELAIN,
Faience end Curios,
JUST RECEIVED A CHOICE COLLECTION
of
JAPANESE KAGA WARE.
JAPANESE NAGASAKI WARE,
JAPANESE SATSUMA WARE,
JAPANESE KIOTO WARE,
Japanese banco wake.
CHINESE K1NKIANG WARE.
The celebrated blue CANTON CHINA, and
a few specimens of VENETIAN GLASS.
HIEYER A: BEN EKE,
New China Hall,
mylo Im 4p Cor. Tremont and Mechanic sta.
M. SCHRAM,
Wholesale and retail dealer in
Crockery, Glassware,
FRENCH CHINA, BOHEMIAN * BELGIAN
GLA-SSWAriE,
Majolica Wars, Bird Gages, toys, ac.
No. 81 Trent out Stive t.
Bet. Mechanic &. Strand, GalTe«ton»
Attention, Cattle Drivers I
TT7E WILL HAVE FOR SALE AT VICTO"
W KLV, bj the iitli <iar March, a large lot of
First-Class Saddle Horses,
in good condition for ihe trail. For further in-
lormat:on. write or nj ply in person to our
agents, BKOWNSON A Co.. at victoria.
J.I.VONZALEIACO.
Victoria. Fab. IS. ISTi
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The Galveston Daily News. (Galveston, Tex.), Vol. 37, No. 307, Ed. 1 Sunday, March 16, 1879, newspaper, March 16, 1879; (https://texashistory.unt.edu/ark:/67531/metapth463964/m1/4/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Abilene Library Consortium.