davidaulloa/AmericanStories huggingface dataset:
Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1890-05-25
THE HIGHER COURTS.
SnOpsss OF Decisions Rendered at the Present
Austin sitting.

Austin sitting.
Norrespon6ence Of the Gazette.
AUSTEN, TEX. May 23.-Buzard & Hilliard vs..
AeAruity & Mostv, from ShackelGord county
opinion by Henry, ]. Appellants, as assignees,
suea appellees as partners on a contract for the
uslVery Of cattle entered into by R. A. Houston
WIN SAID appellees on August ID, 1881, and al
'esea payment Of the money, but failure on ap-
PeAees part to perform the contract. Mostly
made default. IMcAnulty denied under oath the
partnership TO have existed on August 10, 1881,
and denied liability on his part for the perform
Ssaee Of the contract The evidence shows writ
~ ~ articles Of co-partnership Of date August II,
~ ana Mostly testified that the partnership
- oesh agreed upon on August 10, 1881, and
~! was in its agreements reduced to writing
IN august Il, 1881, and that the contract
~ SoA'EoFerSy was made in the presence and with
-, approval OF McAnulty- McAnulty testlteH
S we contrary. The vital questions anstfNas
-, d partnership on August IL, lSolE II not,
-, tue contract entered into with a view OF be-
sssIi1Hs Erm property, and was it ratified by the
s 81 ana The benefits under it received by the
-. Inc money received was used by the
,yta.s1ership. The court charged in substance
So Il IheTe was 4 discussion of q partnership
80 s-s.eAeht and Mostly entered into the cattle
eSutIact before the execution OF the partnership
~ 1IIaaet, but with the knowledge, advice, etc
g. acAnulty, rs a firm contract, and ta4
-, - afterwards used and appropriated the
Iouisy received under the contract. then Nc
b1ill ny would be liable. That McAnulty's La
s1I!y depended on mis- having been partner on
ibsust u, 1881, and IL he was he was liable al
Tbatsu the contract was signed BY Mostly alone.
,as 70 constitute 6 partnership there
-t be valid agreement, which
1st oe executed and tiiatsl that all partners
- equally liable for acts rs done in the regular
H GJISe OF the partnership and for its benefit.
Hn5 = These charges were discriminating
~. correct. vital question in the case is
npTTs.ss99tefship rel non, and while there was a
tSsineate upon which to introduce Loving's
stsS,,oSlaony on that point, yet it was material
SUI toI 70 permit witness 70 testify 70 his conclu
Gus or understanding as to what was said by
i,55osy & AcAnuIty, instead OF giving at least
substance Of the conversations The court
Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1890-05-25
ON CHANGE
Spot Cotton Unchanged, Futures From
One to Four Points Lower.
Wheat Opened Weak, Fluetuated Narrowly
and Closed at a Decllne-COffse and
Wool Markets Unchanged.
Daily Review.
nrr1rr or TEE G,zErrr-

OFFICE OF The GAzETTR.
FORT WORTH, TEX. May "a, 1890.
Up to the time it began to rain late this after
noon business was all that the merchants could
desire, for there were increased crowds upon the
streets and in the various business houses, Wis
itors and city people, to make trade quite lively.
The grocers and family supply dealers had a
great rush to-day to supply the wants Of their
customers. In reviewing the general markets in
this line it is noted that vegetables, poultry,
eggs, butter, ETC., usually in light supply on
Saturday, are all in good supply to-day, and in
consequence, prices are generally lower. Note
the revision
Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1890-05-25
1ool,nr After uncle SANS orders.

KANSAS CITY, Mo-, May pa dis
patch from Elono, 1. T., says: "a de-
taohment of cavalry from Fort Reno
pass ed here to-day en- route to the Cher
okee Strip TO investigate the condition
of affairs there and to see whether the
presidents order is being violated by
cattlemen who are reported to have
placed large numbers of cattle on the
strip in disobedience of the oroer.
Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1890-05-25
fice to Tsanhers.

An examination of teachers to teaehlH
the public schools of Fort Wogtte Ter ses=
sion Is90-9I, will beglnson 9nday, 9th
of June, at a. ms f6e high school
building. .Appieants desiring to be ex-
amined viii notffy the secretary of the
board IA. Roe, on or before June 5,
5skatihg the. certificate for which they
wish to be examined, and will accom-
pany the notice with fee OF 81
A. s. NICHOLSON,
Chairman Teachers CoFasR
Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1890-05-25
4fistletoe Heig5sss.

am selhnA lots in pstrs in the north
half of block ius 1lfstletoe Heights at
only 5000 per ID This is fine property +,
and will double 5Evalue in short time.
a. w. TIBBETTs,-0
10. l hast Sixth street.
Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1890-05-25
NEW ORLEANS SPOT.
GALVESTON SPOT.

COMPARATIVE STATEMENT OF THE SPOT
MARKETS.
Special to the Gazette
GALVESTON. Tex, May 24.-The following are
the closing quotations for cotton on the spot to-
day at the leading markets, together with the
closing for middling yesterday, with to-daY's
sales:
Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1890-05-25

SIS. 90 buy Wsaxham worsted sack
suit which wi .raade to osder for $50. 90.
Misat ClothiG Parlors, 80 Houston
street, Ehrds&
Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1890-05-25
COTTON Markets.

LIVERPOOL FUrUREl
Specialize the Gazette.
LIVERPOOL, May 24.-Holiday.
Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1890-05-25

MEXICAN SECURITIES.
BOSTON,, MASS, May "a.
Mexican k,s.,......-..--.....-.- .7s1Ld4
Common. --........-..-.....2s5.629
Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1890-05-25
BONDS AND SrncKs

New YORK. May 24.-Bonds and stocks
closed at the following prices bid:
Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1890-05-25
FINANCIAL

BRITISH coNsoLS
Special TO the Gazette.
LONDON, May 2!.-consols closed, s5ss for
money; for silver. Al Il-16.
Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1890-05-25

FREiGHTs FROM GALVESTON.
Special "a the Gazette.
GALVESTON. TEX, May 24.-By steamship FROM
Galveston, Tex:
To Liverpool. ..............-..
To CONTINENT ...................$sd
To New York. ........---...........4Oc y 1O0b
Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1890-05-25

EXCHANGE AT NEW YORK.
Special to the Gazette.
NEW YORK. May "a.
sterling-Bank, eOdsys: -;......- ss%94 $50
Observation-Disclosures ,6odsys s4ss
Francs-Bsnk, co days....--.--... 20
Commercial, 60 days.. -..,... 205s
EXCHANGE AT NEW ORLEANS
Special to the Gazette.
NEW ORLEANS, La, May "a.
sterling-Commercia1. 60 days....4 s2Is
Francs-Cormercial, GU days--.....5 2lL
New York sight-Bank. .-.-.-....... / % premium
Commercial. ......--.....-.......... 60 premium
EXCHANGE AT GALVESTON.
Special TO the Gszstte.
GALVESTON. Tex. May a.
sterling--6c days. -.....---.-.-...--.1 50
New York-Sight ......-....-........Par
New 0rleans-5ight--.... .-..-...-Par
American silver sdiscouns
Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1890-05-25
NEW ORLEANS FUTURES.
Special to the Gazette.
LIVERPOOL SPOT.

Special to the Gazette.
LIVERPOOL. May "a. Spot cotton, holiday until
| 0Stn
Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1890-05-25

Seedless raisiRsS stF5Hss orange and
lemon peelssIsff currants, dates, all
newzzsSds, at the Fort Worth Grocer
Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1890-05-25

Our last consIgnmentiof goods, which
were purchased freshe very best East
ern. tsilors, comps some elegant cloth
ing, which musfbe %een to be appre-
ciated. Mishs parlofS $40 Houston st.
Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1890-05-25

PrudenlEa ecdk lical people pur-
chase their ID hing st the Misfir Cloth
ing Parlors $50 Houston street. near
Third. -..ssszsss
Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1890-05-25

Pure old orSNs Vinegar at Turner &
Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1890-05-25

Quotations, based on Snail los Q retail deaf
q h Sc; carbolic acid, cryst., y n, soc; nuri-
attic acid. c. p, n. &c; nitric acid, C. P,
y n, 25c: sulphuric acid, @. P, Y D. 25c; tan
a gal. ~ IS: alum, D, &c; antifebrine. y o.;
Csc; antipyrine, y OF 81 40; ammonia, car
b9nate, v h. l4c; blue vitrol, D, sa1Oc; blue
mass y d, SIC; blue ointment, d, IS; borax
y b. lie; csmphor gun, y b. CSC; capsicum'
pow'd, Y q, isc; copreras, z D, 2asc; Bowers
DOW. sr. y D. 81 %: ether. sulphuric. o. 8. p,
Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1890-05-25

! ST. LOUIS, No.. May 34.-wool- Receipts,
a, 900 pounds; for week, l27 ,o0u pounds. Prices
for the choicest bright mediums haze advanced
1s@%c. but are steady and unchanged on all
other grades.
Los Angeles daily herald., 1890-02-27
WILLING TO FIGHT.
La Blanche Unable to Stand
Dempsey's Taunts.
JACK MUST PUT UP Or SHUT UP.
The Marine Makes q Generous Prop.
OsitiOn for the Nonpareil to
Accept or Refuse.

Associated Press Dispatches to the HERALp,
SAN Francisco, February 26.-George
La Blanche who defeated Jack Dempsey
at the California Athletic Club several
months ago, published a letter today in
which he offers to give Dempsey return
battle on certain conditions. La Blanche
says that after he defeated Demp-
sey he established himself in q
profitable liquor business in this
city and intended to retire at
least temporarily from the ring. He
accuses Dempsey and his friends of
showering taunts and denunciations upon
him until he has finally concluded to &C.
cept the Nonpsreil's challenge for an.
other contest. The conditions which La
Blanche imposes are in the following
language: "My business 1 estimate to be
worth 10000, but in order to
prove to Dempsey that 1 am not
afraid of him, will sacrifice it for half
that sum. Let Dempsey or his hackers
put up $5 900 in some secure hands pend
ing the fight. and if he defeats
nae 1 take down the $1,000 and
Dempsey walks into my saloon as sole
proprietor. If should prove the victor,
Dempsey takes back his five thousand
dollars and 1 retain the saloon. Under
these conditions will only consent to
meet Dempsey before one of the clubs
for a purse of not less than three thous.
and dollars"
Los Angeles daily herald., 1890-02-27
SUMMONS,

TNTHEsUPERIOR COURT OFTHE COUNTY
L r Of Los Angeles, State OF California
James Carroll, defendant.
Action brought in the Superior Court of the
County of Los Angeles, State of California, and
the complaint filed in said County of Los Ange-
Court.
&C. p, Section 4O7.
The people of the State of California send
greeting to James Carroll. defendant:
You are hereby required to appear in an
action brought against you by the ABOVE named
Los Angeles, State of California and to answer
the complaint filed therein. within ten days
exclusive OF the day of service), after the SER
this county; or, if served elsewhere. within
thirty days.
The said action is brought to obtain Judgment
The judgment and decree of this Court that it
fix day within which defendant be required
to pay to this plaintiff the said sum of three
hundred and seventy-five dollars in q. 8. gold
coin, deferred payments as aforesaid with inter
est thereon, from the 23d day of April 1885, at
the rate of eight per cent per annum, and costs
of suit and that in the event the defendant
should fail to make such payment to plaintiff
within the time so fixed by the Court that de-
fendant, and all persons claiming under him.
toned for the payment of said money, forever
barred and foreclosed of all right, interest and
estate in and to the land described in plaintiffs
complaint, and said contract and every part
thereof, and of all right to conveyance
thereof and that from and after the day so
fixed by said Court for the payment OF said
money, if the same be not so paid. plaintiff be
fully restored to its former rights and estate in
the land described in the complaint and the
rights and estate therein which it held before
and at the time of the making of said contract,
and that upon the failure of the defendant to
make such payment within the time so fixed by
the Court as aforesaid, the title of plaintiff to
the land described in the complaint as against
defendant and all persons claiming under him,
thereupon become good and valid and forever
Quieted, and that said defendant thereupon be-
come forever barred and restrained from as
serting any claim whatever to said .and or to
the moneys paid by defendant to plaintiff
under said contract mentioned in plaintiffs
complaint as Exhibit A. or to any part or
portion of said land, and for costs of this suit
and for such other or further order or relief as
to the Court may seem just and equitable in the
premises, as will more fully appear by refer.
ence to the complaint on file herein.
And you are hereby notified that If you fail
to appear and answer the said complaint, as
above required, said plaintiff will apply to the
Court for the relief prayed for in plaintiffs
com plant.
Witness my hand and the seal of the said
Superior Court of the County of Los Angeles,
State of California, this 25th day of November,
A. d. 1889.
(sEAL) q. ID. DUNSMOOR, Clerk
BY F. E. LOWRY, Deputy Clerk.
j23 tn lot 1t awk
Los Angeles daily herald., 1890-02-27
SUMMONS.

TN THE SUPERIOR COURT OF THE
i county of Los Angeles, State of California.
The Redondo Beach Company, plaintiff, VS..
Action brought in the Superior Court of the
county of Los Angeles, State of California, and
the complaint filed in said county of Los Ange-
Court.
&C P. Section 4O7
The People of the State of California send
greeting to Oskar Huber and Chas. Mensch,
defendants.
You are hereby required to appear in an &C.
ton brought, against you by the above-named
Los Angeles, State OF California, and TO an
swer the complaint filed therein, within ten
days exclusive of the day of service) after the
service on you of this summons-if served
within this county; or, If served elsewhere.
within thirty days.
The said action is brought to obtain the
judgm cut and decree of this Court that it fix
day within which defendants be required to
pay to this plaintiff the said sum of twenty
four hundred and seventy dollars in U. s.. gold
coin, deferred payments as aforesaid, with IN
crest thereon from the 18th day OF April,
1888, at the rate of eight per cent per annum,
and costs of suit and that in the event the de-
ferdant should fail to make such payment to
plaintiff within the time so fixed by the Court,
that defendant and all persons claiming under
him te thereafter, that is, from the day last
mentioned for the payment OF said money,
forever barred and foreclosed of all right, in
terest and estate in and to the land described
in plaintiffs complaint, and said contract and
4
veyance thereof. and that from and after the
| day so fixed by said Court for the payment of
| said money. If the same be not paid, plain
| tiff be fully restored to its former rights and
estate in the land described In the complaint,
and the rights and estate therein which it held
before and at the time of the making of said
contract, and that upon the failure of the de-
fendant to make such payment within the
time fixed by the Court as aforesaid. the title of
plaintiff to the land described in the complaint
as against defendant and all persons claiming
under him. thereupon become good and valid
and forever quieted, and that said defendant
thereupon become forever barred and re-
strained from asserting any claim whatever to
said land Or to the moneys paid by defendant
to plaintiff under Bald contract mentioned in
plaintiff complaint as "Exhibit A. or to any
part or portion of said land and for costs of
this suit, and for such other or further order or
relief ss to the Court may seem just and equita-
BILE in the premises, as will more fully appear
by reference to the complaint on file herein.
And you are hereby notified that If you fail
to appear and answer the said complaint, as
above required, said plaintiff will apply to the
Court for the relief prayed for in plaintiffs
complaint.
Witness my hand and the seel OF said Supe-
rior Court of the county of Les Angeles, State
Of California, this 25th day of November. A. D.
1889.
(sEAL.) G. H. DUNsMOOR, Clerk.
By F. E. LOWRY, Deputy Clerk.
ja23 tn lot law
Los Angeles daily herald., 1890-02-27
LEGAL.
->~~~~~~~~~-~~>
SUMMONS,

TN THE SUPERIOR COURT OF THE
County of Los Angeles, State of California.
The kedondo Beach Company, plaintiff, VS..
James A. Beville. defendant.
Action brought In the Superior Court of the
County of Los Angeles, State of California and
the complaint filed in said Co snty of Los An
Court.
The people of the State of California send
greeting to James Beville, defendant:
You are hereby required to appear in an
action brought against You by the above-named
plaintiff in the Superior Court of the County of
Los Angeles, State of California, and to answer
exclusive of the day of service), after the
service on you of this summons-if served
within this county; or, If served elsewhere,
The said aid action is BROUGHT to obtain the
judgment and decree of this Court that it dx
day within which defendant be required to pay
and seventy-fve dollars in q. 8. gold coin.
deferred payments as aforesaid with interest
thereon from the thirteenth day of April, 1883,
| at the rate of eight per cent. per annnm and
costs of suit; and that In the event the defend-
ant should fail to make such payment to
plaintiff within the time so fixed by the Court,
him, be thereafter, that is. from the day last
mentioned for the payment of said money.
forever barred and foreclosed of all right, in
terest and estate in and to the land described in
plaintiffs complaint and said contract and
every part thereof, and of all right TO a con-
yeyance thereof and that from and after the
uHy SO nxeQ Dy BalQ C0url 1Or the payment OF
said money, If the same be not so paid,
plaintiff be fully restored to its former rights
and estate in the land described in the COM
plaint and the rights and estate therein which
1t held before and at the time of the making of
said contract, and that upon the failure of the
defendant to make such payment within the
time fixed by the Court as aforesaid. the title
of plaintiff to the land described in the COM
plant as against defendant and all persons
claiming under him. thereupon become good
snd valid and forever quieted, and that said
defendant thereupOn become forever barred
and restrained from asserting any claim what
ever to said land or to the moneys paid by
defendant to plaintiff under said contract
mentioned in plaintiffs complaint as Exhibit
A" or to any part Or portion Of said land; and
for costs of this suit and for such other or
further order or relief as to the Court may
seem just and equitable in the premises, as
will more fully appear by reference to the
complaint on file herein.
And you are hereby notified that If you fail
to appear and answer the said complaint as
above required, said plaintiff will apply to the
Court for the reliefprayed for in the plaintiffs
complaint.
Witness my hand and the seal of said Superior
Court of the County of Los Angeles, State of
California, this 25th day of November, A. D.
1889.
[Seall G. H. DUNSMOOR, Clerk.
By F. e. Lowry. Deputy Clerk. ja23thu-1Ot
Los Angeles daily herald., 1890-02-27
CIVIL SER VICE.
The Charges Against the Go mmfs-
zion Investigated.


WASHINGTON, February 26.-The in
vestigatiop into the charges against the
Civil Service Commission was esumed
today. Elk. Commissioner Oberly went
over the Campbell examination papsr
matter, and said he did not think Camp
BELLS offense was such as to call for his
Dismissal.
Miss Dabney, who first told Commits.
sioner Oberly of the papers, said when
she went to Flynn for instructions he
offered to sell her for $25 list of the
questions which would be asked, but she
did not have the money. She failed at
the examination on account of sickness,
and afterward, on friends advice, told
Oberly of the offer made her. Later, at
Oberly's request, she borrowed papers OF
Flynn.
Oberly here took the stand again and
showed that the papers obtained of Flynn
the examination.
Flynn was called, and said he received
the papers from Mrs. Smith; they were
old and CT no importance. Miss Dabney
took them away without his permission.
He declared that her statement that he
wanted to sell her some papers was false.
Campbell testified in the same line as
Lyman and Oberly, but there was a con-
fict in his testimony as to whether he
copied the papers before or after Mrs.
Smith asked him for them.
The next charge was that Edmund d.
Bailey was promoted from clerk to stem
ographer when the commission had more
competent and deserving men. Com
missioner Lyman said that Bailey was
promoted because of his seniority. The
work also was not exclusively steno
graphic,
Los Angeles daily herald., 1890-02-27
The Urgent Deficiency Bill.

WASHINGTON, February 26.-The Ur-
gent Deficiency bill is completed. 1t
makes total appropriation of $23, $780,
2l3, of which $711 ,s29 is appropriations
to pay two and three.year volunteers,
bounty to volunteers, combinations,
rations and horse claims. Other items
of importance are for public buildings,
$4,000; internal revenue, $l10, 900; COL
lecting customs revenues, $185 900; SOL
diers' homes, $40, 500 patent Offices, $50,
900; Land Office clerks, $28 900; surveys,
$40, 900; Indian supplies, $5 900; for the
survivors and widows of soldiers of the
Mexican war and war of 1912, $21 $685.
S34; artificial limbs, $60,000 United
States Courts witness fees, 5000, 900.
Under the head of naval esta blish-
ments. the bill provides that the ex-
penses incurred in the purchase, ship
ment and discharge of coal at Pago Pago,
Samoa, $36,041, be paid from the ap-
preparation of 100000 for establishing a
station, made last year.
Los Angeles daily herald., 1890-02-27
MILITARY In OKLAHOMA.
Ihe SOldiery Charged With Exer.
ctsfng Undue Authority.

Ane SOldiery Charged With Exer-
cistng Undue Authority.
WASHINGTON, February 26.-In re-
sponse to the Senate resolution, the Sec
retary OF War today transmitted to Con-
gress papers relative to the actions of the
military in Oklahoma. One interesting
feature is the charge against the military
OF undue and harsh exercise of authority.
The officers in charge reply that they
found large numbers of lawless people,
and the action taken by them
was necessary for the preserva.
ton of peace. The charges are
said to have emsnated from discontented
gamblers and others whom the military
prevented from causing trouble. As to
preventing the election September 21st,it
was done at the request of the regularly
constituted officers OF the city, and with
the view of preventing serious trouble,
which would certainly have occurred,
The call for the election was issued by
discontented and unruly citizens, and
contrary to the city charter. General
Sco6eld thinks, considering the delicate
service required, it is matter of con-
graduation that it was performed so we'll
and with 30 few mistakes.
Los Angeles daily herald., 1890-02-27
EXECUTIVE SESSIONS.
Should They BE SeCret-HoW Does
the News Reach the Publtc?

-'> - . AeS-~NA. 49,
WASHINGTON, February 26 : The
special Senate committee appointed to
investigate the method by which the
news of the Ssnate's executive uessions
reached the public, resumed its sittings
this afternoon, and began questioning
newspaper men as to their sources OF in
formation.
A special meeting of the Senate com.
mittee on rules was held today to con.
slider Teller's resolution, offered last
spring, providing for the consideration of
nominations in open or legis-
lative session. On the question
"Shall the rules of the Senate be
changed ?" there was tie vote. Teller's
resolution did not meet with the ap-
proval of any member of the committee.
Aldrich and Blackburn, however, favor
modification of the present rules to the
effect that nominations be considered in
open session, unless the committee re-
porting them shall ask their considera-
tion in executive session, or a statement
OF the action of the Senate in such exec
utive session be furnished for pub
licatiOn