The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1883-11-29
OUR WASHINGTON LETTER.
The Mercer Case DecIsiOR-Judge a..
b. Norton in Washington After Still
RusSel's Pardon RuSselps Many

Friends, etc ste.
S:ecial Correspondence TO the Ssa csni;;n.
" AsHINGToN, Nov. 21.-JuStica
Miller delivered the opinion III the
Mercer colony case. lie read partly
from forty-three pages of manuscript.
The case was taken up and considered
from its inception, and detailed
through all its stages. The contract
between Mercer and the republic was
eXplained; also Il succinct history of
| the states progress was given. The
merits of the Preston claim were in
vestigated. The evidence, pro and
! con, was cited. 1t will he remem-
bered this suit was brought by Gen.
Preston, of Kentucky, against Land
Commissioner Walsh to enforce the
terms of a contract made be
tween Mercer and the Republic
of Texas, January, 1884. BY
this agreement Mercer was to
establish Il colony in Texas,
settling not less than one hundred
| families per year for five years. For
each family so settled he was to re-
ceive $40 acres of public land and, in
addition, a premium of 6400 acres of
land for every 400 families settled.
Preston, appellant, alleged that Mer-
Ger during five years settled 1856 fam
! lilies and is therefore entitled TO 1876
sections of land and seeks to compel
Commissioner Walsh to issue land GER
tilicates for the amount of land
claimed, to be located either in the
limits Of the Mercer colony or else
where in the state. The pointed par
agraphS OF the decision are given in
| full, verbatim. below.
The court says: I'VE feel con-
strained TO say tha5 there is no salts
factory evidence to our mind that
Mercer. or any OF his associates or
| any agent Of his, ever introduced into
| the state Of Texas a single family
from without the state, or that any
seed family ever came into the state
by means of any request, or any offer
of help, or of land, or OF any induce
ment offered by Mercer or his assSoci-
ateS.
Elsewhere the court says: eve do
not think it necessary to consider the
argument that the contract is a grant
in PRESENT., with title to the land in the
plaintiff, nor the idea that there is a
trust by which these lands are held
| for his benefit, and that this trust is
| in some way made stronger by the
| legislation under which the republic
of Texas became state Of the Union.
| In anY view that can be taken of the
| contract, it was made wholly eXPcU-
tory, and Mercer has no rights uu,,cl
| his contract. He does not even excuse
nonperformance. On the contrary, he
has permitted the matter to rest for
thirty years without any effort to
comply with their contract, and now,
even if they would, the state of mat
ters in the colony limits is so changed
that it is impossible that they can
perform their agreement" AS tele-
graphed you On the day of announce
ment of the decision, the court ex-
pressed itself as follows in the last
paragraph Of the decision:
The result of the views of the
court, covering 43 pages foolscap, is
that upon the appeal OF Commissioner
| Walsh, the decree of the circuit court
is reversed and the case remanded
with directions to dismiss the bill and
this necessarily disposes of the plain
| tiff's bill"
The overthrow of Malone is re-
garded by many able politicians to be
the reputation of the boss system as
much as anything else. The financial
issue that made basis for Mahone's
party IS dead and past. His campaign
| Just over lacked a live inspiratory
cause. Hence the people, who did
not care to reward him for any past
service, repudiated him. He now
waves the bloody shirt to form a new
basis on and gives the situation i'm
portance by making his creed a ma
tional issue. The question with poll
ticians here is whether he will be sup
ported by the Republican party from
now on.
Judge A. B. Norton, who is here, is
believed to be seeking the pardon of
Still. Russell. This move is made
quietly. During the past few days,
however, the matter has been live
, topic among Texans. Russell has
many warm friends here, who do not
halt in giving expression to their in
dignation over his treatment. The
discussion of his case has brought out
the secrets of practices among the de-
partments regarding travelling agents.
1t is complacently stated that custom
has made it right to make ones eX-
penSe account pay all expenses neceS-
sary to make the traveller comfortable.
1t is developed also that more than
one department servant has been pill
ferer and defaulter, but had not been
adjudged so in the courts in cases
where the shortage was made good.
The drift of knowing talk is, in short,
that distinctions are made so that one
offender is jailed and another is al
lowed to go free. The case of Wasson
is reopened. Army officers do not
hesitate, in some instances, to charac
teriZe the conviction of the gay pay
master as crying shame. AS for the
position taken by the depart
ments in the matter of pie
thoric expense accounts, it may be
said they contemplate follow
ing Postmater-Gen Gresham's
example. The latter orders all trav-
cling men in his department to render
their exact expenses, which. with
their fixed salary per month, shall be
their only allowance. The especial
drift of the gossip over the matters
above stated is to show that influences
at headquarters are more effectual
than the inherent spirit of our system
of justice. Hon. Kenneth Raynor to-
day reports on the suits brought in
the name of the United States for
moneys appropriated wrongfully. He
says in his annual report that during
the year suits were begun for the re-
covery of $,1947,573. OF the whole
number of suits brought, 1883 were
decided in favor of and thirteen
against the United States 626 were
settled and dismissed, and in twelve
suits penalties were remitted by the
secretary of the treasury, leaving 920
suits still pending. Judgments were
obtained. exclusive of DEGREES in rem,
for 8 1914 797, and the entire amount
collected from all sources was 81 ,324,
529. The number of cases in which
offers of compromise were pending
and received during the fiscal year
was 246, involving the sum of $2,484,
939. Y'he number of offers accepted
was ninety-nine, involving the sum of
$423,915 the amount accepted there
for was S112,064. The number of of
fers rejected was seventy-eight, inYolv-
ing the sum of 81, ,102, $50. The amount
rejected amounted to $161.902.
| S. S. Cox is the only candidate for
speaker who is clear and precise in
his views. So far as they go they
may be summed up as follows: The
surplus revenue should be cut off:
does not believe it ought to he done
by repeating taxes on tobacco and