The Dallas weekly herald. [volume] (Dallas, Tex.) 1873-1885, 1883-11-22
News and Gossip from the Capital

WASHINGTON, Nov. 10.-[Special. Con
Gresham Miller, in accordance with the
request OF twenty-five members, will call a
stock convention at Austin during the
legislature. He regrets not being able to
be there to preside. lid, .,..
celebrated Mercer colony case by Cfdering
that the decree of the Federal circuit court
of the Texas district upon the appear OF
Land Commissioner Walsh De reversed anu
the case be remanded with directions to
dismiss the bill. and this necessarily dis
poses of plaintiffs appeal. The court holds
That there is no evidence that Mercer per
formed his part OF the contract win the
slate The court did not think 1t neces-
sary to consider the argument that TINS
co 1tract is grant in present WIN tltie 10
the land in plaintiff, nor the IDEA that
there is trust by whlch lnese lanus aie
held for his benefit and that this trust is
in some respect strengthened by the legisla'
ture that made the republic OF Texas a state.
The contract is held TO be entirely execu-
tory: Justice Miller delivered the OPINION:
Congressman Wellborn saw Archltect
Beli gain and is assured that the Dallas
postoffice will be taken in hand among the
first things under new business.
m. W1 ,sF Frank Nov wlde5 oommsad
i %sn'sF the Yantic, appeared b.
foe the Proteus court of inqu;:.
nv and previous to taking the oath asked
whether he appeared to testify as to
the acts of others or TO have his own
conduct as commander inquired into.
The room was cleared willis the subject
was considered. After short conference
Commander Wildes was informed that ne
was summoned as Q witness, and had the
privilege to refuse to answer any questions
tending to criminate himself. lie was
then sworn and said that upon learning OF
the disaster to the Proteus 1t occurred 10
him to land the stores for the Proteus
or Greeley's party. He refused. however,
to give the court his views on the suplec,;
The witness said that aside from the WOOD
sheathing the Yantic was equipped ior
polar VOYAGE the same as she would be
for trip to the west ILoies.
The failure of the expedition, the witness
thought. was due to the following cause:
insufficient and scauty means employed ID
manning the Proteus with an lnefilcient
Captain and crew of bleach combers" and
'longshoremen," and neglect by
these by whose orders the expsdi,
ton was titted out, 10
acnuaint themselves with the business in
hand before dispatching the vessel north,
His ship had been cruising in the west
Indian waters, and he only received orders
to 90 north three days before sailing.
The following official order has been
made:
"It appearing that certain persons have
been practcing s. stematic frauds on eX-un-
ion soldiers and their widows and orphans
or other heirs, by making false represents
lions concerning pension claims ana
extorting illegal fees for services pretended
to be or promised to be rendered and this de-
partment having reason to believe that
some poJtmasters have been aiding these
fraudulent agents by furnishing
them lists of names of ex-union
soldiers and others supposed TO
be entitled 10 pensions, and also TO pc as
triputing their unaddressed circulars among
that class; therefore, postmasters are for
hidden hereafter TO furnish such lists or 10
dis ribute any circulars Of the kind lndl
cated unless addressed to some individual
and prepaid as required by law"
[Signed.l W. O. GRESHAM,
Postmaster. General.
A decision was rendered by the supreme
court of the United States to-day in the
important Mercer colony land case.
William G. Walsh, commissioner general
OF the land Office OF the state OF Texas
against William Preston. This was suit
originally brought by Preston upon
A contract between the republic OF Texas
and one Charles F. Mercer, by which the
latter agreed 10 Dring INTO Texas q
large number OF Immigrant thmliles
and settle them upon the unoccupied
public lands and the republic of Texas
agreed TO give Mercer and his associates by
way Of com pensation for this work, $40 acres
of land for every family thus brought
gritbin us bounds. The court
holds in as much as there
il no proof OF Mercer ever having brough'
eaough settlers into the republic
of Texas TO constitute the shadow
OF compliance on his par
with the terms OF the contract,
The state of Texas is released from all obi
cations which the republic of Texas may
have assumed by virtue of such
contract, and complainant has no
valid claim to equitable relief
Judgment of the United States circuit
court is reversed and the case remanded
with direction TO dismiss the bill. The opin.
ion was by Justice Miller, Justice Harland
dissenting.