The Dallas weekly herald. [volume] (Dallas, Tex.) 1873-1885, 1882-06-29
NEWS BY SPECIALS.

seeo,at 10 M Itdraid,

HNNN XVIII -
sell for embezzllng sO,55s. lilo was held II
tile sum Of 80, 600. This Is the fourth In
dictment, and two others will be found,
1.-THE charter Of Lee college, OF Chico
Wise county, was filed to-day.
THE 5000 due the state from th'
capitol contractors by thej term
of their agreement with the state for sur
yeying the capital land and other expense
is due on the 1st of July. They have writ
ten to the treasurer asking If they SHAH re
turn by draft on New York, but as the staI'
Treasurer Lubbock has requested tina
1t be paid by drafts on banks here;
The shooting tournament to-day .Was
well attended and everything passed OF
pleasantly. ,
United States District Attorney Evans Il
in receipt of orders from Secretary FREEING
huysen to see to the immediate restoration
to his county of a Mexican in San Antonio
Jail, kidnapped from Mexico. The secre
tary states that he has communicated with
Governor Roberts on the subject.
The comptroller notifies commercial tray
elers that the law decreasing the
rate of interest for plying tneli
occupation from $50 to $50, goes into eIec'
on July /, 1882. Dummies desiring IL
cense to be issued promptly can make re-
mittance by cash, bank draft or postal or
der prior to July LIST and license VIII DE
mailed to take effect July 1st. The license
Z cannot be issued tor less than a year.
Under the comptroller's construction
Of the act of the special ses,
appropriating ST, 0C0 for the purpose of re-
funding to liquor-dealers such balances OF
their unexpired licenses as were terml-
mated by the operation Of the local option
law in districts, where said law was put III
force during the term of the License, were
not entitled to have refunded from Tie
appropriation any part of their unused bal
ance. The act alone applies to liquor
dealers who took out licenses under the act
amendatory thereof passed at a later date.
Five or six plasteJers can find employ
ment by calling on G. I. Gag, Austin.
SUPREME COURT.
Reversed and r%emanded: Campbell d
Claugh VS.. Afford ct al, from GALVESTON
county; Lane ct al. VS.. Culver, from Travis
county; Stell Adar VS.. Merill, from Lamar
county; City of Corsicana VS.. White, from
Navarro county; Mays vs., Coakrum, from
~Gaudaloupe county,. Haynes VS.. Epps,
from Collin county; Houston u Texas Cen
tral railroad VS.. Burke, from Washington
county.
from Ellis county; Strongfellow VS.. Mont
gomery ct al, from Caldwell county; Cor
don VS.. Vaughan, from Gaudaloupe county;
Guadeller VS.. Pierce, from Live Oak county;
Rhodus VS.. Carnall, from Uyalde county;
Peasants VS.. Mayfeld, from Karnes coun-
ty; Paget VS.. Lockhart ct al, from Navarro
county; Jarnigan ct al. VS.. Williams, from
Brown county; Randall ct al. VS.. Burtis ct
al, from McLennan county; Galveston,
Harrisburg & san Antonio railroad VS.. New
man, from Fort Bend county; McLenden
ct al. VS.. Harrington, from Limestone
county.
C.o,a T,hncpn opttntu. GurrpttV va. WILSON.
from Ellis county; II. X. Mittel VS.. Cush,
ing, from Washington county; reversed and
remanded in favor of appellant.
AUSTIN, June 21.-The Wiley University
of Texas, Marshall free to all races, to be
built and operated by contributions, hied
articles of Incorporation TODAY, as did also
the Lampasas college, for the education OF
both sexes, and with powers to confer
degrees.
Pierce, the mail agent arrested at San
Antonio this morning for robbing regis
tered packages, was the protege of ex-Post-
master-General Maynard. Inspector Lacy
had found registered packages which he
had put in Pierce's charge. He found two
OF them open, arrested Pierce, and found
orbis person $l5 in bills with his private
mark on them, contents of the packages.
The comptroller decided that salaried
agents OF JOB printing offices, canvassing Tor
blanks, are subject to the drunmers' tax,
A political circular over the signature Of
i, ?. Tarver, of the Evening Club, is
in circulation here. 1t is addressed to the
elements of dissatisfaction with the demo-
cratic party, and asks the use OF their names
in an address for a general conference TO
nominate a peoples ticket for state offices.
The commissioner of appeals have adj
journed.
The governor has returned.
The following decision OF the court OF
appeals has been delivered, killing what is
known as the Holman Common Sense Bill:
Williams VS.. the State; from Freestone
county. The Indictment is as follows:
I'm the name and by the authority of the
state of Texas, the grand jury OF Freestone
county, Texas, present in the district court
of Freestone county, that about the third
day of January, 1881 lin FreestoDe county,
Texas, A. L.. Williams did fraudulently
steal, take and carry away four hogs of the
value of 81, from II. l.. Williams, contrary
tolaw and against the peace and dignity OF
tie state"
1t is commended that this indictment is
insufficient under the act entitled IAN act to
PIE ,cribe the requisites of indictmentsiD GER
tam cases" approved March Goth 1881 Gen.
era Laws 18th Legislature, chapter OF,
page COY. The constitutionality of the
form prescribed in that act is herein di-
rectly raised and presented for ~adJudica-
tioh. Held, that the Indictment is a valid
one if the form as prescribed is valid. The
indictment fails to charge the following ele-
metts of theft as defined IN article IA Penal
CODE: First, the ownership of the prop
erty second, the want of consent OF the
owner: third, that it was taken with intent
to dipriye the owner of the value OF the
SAINT; fourth, with intent to appropriating
it tothe use of the person taking it. Fail
ing t state these requisites or any part OF
themwould render the indictments sub
stanthlly and fatally defective under all
the pevious decisions of this court and Of
our supreme court upon this subject, and
in t%heorganic law (Bil Of Rights, sec. lg
where the word indictment bad a well
known egal Specification at the time IL was
used. Bunnins' l.. ID, title indictment.
Arch. trim. Pl. and Prac., IS; first Bish.
Grim. Eo., sec. l31 and 135; Code @. p,
4l9; opinion Of Chief Justice Roberts in
Hewitt '. State, 18th Tex, 122; State vs.
Duke, a Tex, ass. We hold that such
being tht meanine of the term used in the
BiIl Of Rthts,i 1t is beyond the power Of the
legislatuR TO make that a good indict-
ment with does not substantially come
within the definition as used by the trainers
OF our contribution. We do not think the
i~ndictmenlin question or the form pre-
scribed in he act comes within the mean
ing OF an Indictment as understood
and used intle bill Of rights. IL charges
no facts, ac,s or omissions constituting THE
crime Of th.n as defined IND described in
our code, ardwe hold that the form pie
scribed for thu In the act is not ~repugnAnt
to our constitution, and that the defendant
who has SEEN fied on such indictment has
not been trtd ~ due course OF the law Of
he land. Reversed and dismissed
Isieuedl WILSON, Judge.
The opinion able, exhaustive and COM
plete.
cd RI DECISIONS.
Gsrifty ct al vs.. Groos, commissioner,
from Travis equity: affirmed. Internation-
al & Great Nort1trn railroad ". Hutchins,
from Travis counF; affirmed.
C0UEtO o. ArFElLs.
Mrs. Foster vs.the State. from Navarro
county. affirmed hutchinson vs. the state,