davidaulloa/AmericanStories huggingface dataset:
, 1890-02-13
GEN. SAM HOUSTON.
How He Captured the Mexi-
oan Commander.
PROUD OF HIS APPEARANCE,
Daring Action at the Battle Of
San Jaointo-The Generals
Personal Vanity

uS,-, e., r.., -
ueneih sam ious'on "o
handsome ana grnceiui man said
Judge Thomas Berry, ot taiiatin, 10
Nashville American reporter. He
was discussing the characteristics Of
celebrated Tenuesseesns with whom
ha had ho.n ,ntI,na,oIv acouolnted
utIa ,.,, III, a. ,o.a,,.i
o was Pio", y, ms ny to''o'"'
appearance, tooi the hscu speaNer
continued, "and there IL told of him
n story, which, II true, will serve to
illustrate his youthful vanity.
Vhen n youpo man so tho storv
49,. IIcus,o,, ,,as in NoshyiIlo ono
Y"s." We, :" ,,.s,.,,.,o
oay, ana was posing "n prohii,,en'
street corner Wneh TWO OF .nree
giddy young ladies passed by. They
were attracted by the handsome
man In his showy uniform. and
after nass,ng him turned their heads
A. -. ...,,s ,.,ao
u ~. "'io'ao' e,"n,.'
wohuer whotnat man Is, one
OF them exclaimed TO her conf
panions.
"I am. ladies. Lieutenant Hous-
ton ~ tha Irni,od states .rnv
~, Al. :, ',.,,o Nv, h. 80
az az ,sS , soS III ,is,oi IL a., nv, ,a
~ ~, ",b "'' ''''N' N"P "7 ''
.smae i"Y,i YI, ,o,d mn o,oo
oe.'eim % iiousioii 'ou ,io Ste onte
i,oM he .np.esreu o Snt,i n S
hiiiiu, Yi Jus. asVI .ne Uas,u VI IN IN
o~"o'n'o ~ WI y, " ~ s'aa,. ", ,J WI
w syaSiH ~ io' ,nra,.I, ~
~ uee, ,rh f&sh & anaJ J ,
u,i a7s @ nIs.,aan ~ ,.as
pS passn nJ'u :" hoshaa' NJ ,''ho W.
goli.ea,eu III 'ne n''s an" Tho
Jun " u, n sanmrnd tho
W. i',ns,,N'''s M, ,Sa, 80
s'ase., VIZ - ''''' 'S "9
vvil,il"'l W so'e, ,a ono -, ,,,s
iou nie NO. % o"e ~ III
capYoisi ",n a' yo'a ,'i e'''''"
e'ear s,I,, nes H. u" III o noh
ne hiVH.cni,, III nis ht' ini's,
men, ran u,s la"eu,s nv " n.s J'ch,I, Jn,i
pocee' anu "rrsI ny, 'u. az e'ai' so"s
si,,l opA' & @ n,o I,n 'iIn,, ttu,
caussu ., .Ie 1Ii,ea,yaI ~ Wd ,ho oeHe LII
III, oillser. he ol'cieu .iici,, h.ga
sun, VI money ~ n,, to ,,,ii lin ~.
uey relussu anu s'ai'oI WIN d ni'',
70 ious.o 'o' ~ ny P' '.'
hree group ., PieA,.a, p,'9oneis,
uese ,nn ,,,r .u o'' ''''' '7"'''''
hula Was c"P'u'e"'
, 1890-02-13
RIGHTS OF NEGROES.
Proceedings of the Wash.
ington Convention.
AN ADDRESS TO The PUBLIC.
The Outrages and Intolerance In
the South-An Appeal to
the Negroes.

WAsufSGroN, Feb. G.-Tho colorcd
mems convention to-day elected ex-
Senator Pinchback president of the ma
tiunll organization, and issued an ad-
dress to the people Of the United States.
Attention is called to tho fact that
The popular elections In many states Of
tie south arc tarcical formalities, where
the votes OF the colorcd mon are sup
pressed by violence or neutralized by
fraud, their rights denied, and them-
solves, their wiys s. daughters, mothers
and sisters arc made the special OBJ
iects Of uniriendly state legislation, and
compelled TO travel In filthy
and inferior cars. Colorod American
citizens are convicted OF petty otonses
through uniriendly courts, and are sub
mitted while undergoing the sentence Of
said courts to cruel and inhuman treat
mcnt. In addition, cOlorud American
citzens, whea suspected of having COM
mittcd certain ofensos, aud while In the
custody OF so-Oallcd officers OF the law,
are ia many instances, and, as Is be-
lleved. with the knowledge and through
the conniyance OF said officers, lynched
and murdered in u cowardly manner,
Colorpd children In many of said states
are not aiiorucd the school facilities TO
hitch they are entitled.
The labor system In most Of the
Southern states Is unjust ana unfair and
colorod Americans seldom, IL ever, en-
cnlo reasonable portion ~ tho fruits
OF heir labor. They are taxed without
representation, and aTo compelled to
obey Ihi laws which they have no voice
In making
Tie address continues; political
parties ure the instrument through
which the will OF the people Is executed.
Our purpose Is to so impress upon the
public mind the justice and fairness OF
our claims that no political party can
iely AFFORD to ignore thom.
We urge upon the colorel
American voters that questions
relating To government and administra.
tive policy We shall make secondary and
III bordinatc. without regard 10 the atti-
tudc oi parties upon such questions.
We feel It our duty to support only that
party and only such candidates as arc
known to hc friendly to the cause, until
ull political parties Will accord to us the
rights and privileges to which we are cn.
titled under the constitution and laws Of
the land
The address favors the Blair bill and
the placing utthc federal elections under
federal Cuntul, auu cmphatically de
uounces the oil for the deportation OF
OOlpred men.
, 1890-02-13
ADvICKs FROM LISBON.
a General Spirit OF Opposition 10
England and Engiishmen.

LIsnoS. Feb. s.-Senor J. Is. Andrado
Goryo, u member OF the council of state,
has sent a challenge TO Glynn Pe,rc,
tie British minister. This was owing TO
the nature of his reply TO the manifesto
tions of the students.
The Commercial Association here has
expelled the English members because
they furnished statements TO the ncws.
papers IN London complaining OF the
treatment to which they were subjected.
The municipal authorities OF Oporto
have decided TO subscribe TO the fund
for the national defense.
The English members OF the Social
Club, whose houses were attacked by
permitted the Engijshmen 10 retain
membership. have assigned.
, 1890-02-13
FIRE Ar PoMsHoy.
Two buildings burned with u Loss
OF Several Thousand Dollars.

F0NrR0Y, Feb. Q. = Al hui past I
o'clock this morning fire was discoy-
cred in the shoe store of John II. lIag
and an alarm brought out the people,
who succeeded by hard work Ia coniin.
lilg he fire TO the buildings occupied by
Alr. Ilagy and Samuel Kasper. the dry
goods merchant The flames had such
head way when discovered that very lew
goods were sayed from either store, Tho
loss at Mr. kaspcr amounts to several
thousand dollars. lie carried very little
Insurance, As the 10 per cent. rate de-
nandcd WAS deemed too high. MIR. Hp-
gy was at work In his shop until 10
O'Clock at night, and lett small amount
OF lire IN the stove when new mt home.
His loss was almost total. The water
works saved the town.
, 1890-02-13
mR. uusK oHArIrIEp.
lilo Secures n Withdrawal Of tho
MeSiosn Hog Quarantine.

VksuNGroS, Feb. 7.-Secrctaty Rusk
recently made an urgent remonstrance
through Secretary blaine against the
imposition Of the Mexican government
ofirssomc quarantine regulations In re-
gard to American hogs, To-day tcle-
gram wns received from United States
Minister Ryan, stating that the govern
mcnt OF Mexico will issue orders discon-
tinuing the obnoxious rules. Secretary
Russ Is much grJtiiied az the removal of
this restriction and regards IL ~ being
possibly the iOrerunner OF a more literal
policy In regard to American meat pro-
duc,iOn on the part Of other foreign
countries, a change of policy which ho
thinks would be facilitated should con.
grcss confer upon him full powers IN the
matter Of mcat inspection.
, 1890-02-13

As early ms Iss5 the Sentinel urged
the Importance of the completion OF
the Cascade locks by contract; II
inslsted that when the government
wanted n custom-house building or
n postof'ice buildiLg IL simply let n
contract to a responsible party, took
a bond and generally inside of year
the work was completed. The Cas-.
cade tunnel was bored by contract
in less than two years for,the North
ern Pacific railroad and the work ol
building the locks is no comparison
In extent TO that OF boring the tun'
mel. We were even denounced by
local contemporaries for 80 boldly
demanding this change Of base, they
insisting that IL would never do ts
change engineers, or TO attempt In
any other manner TO accomplish th'
, 1890-02-13
THE WASHINGTON 81 IDAHO.



Some months ago while the en-
glncers We're at work on the survey
of the Washington & Idaho railroad,
part of the o. H. h n. system which
is controlled by the great Union Pa
ciflc, various rurnors were aflOat re-
Gardlng the ideas of the company.
When the division engineers Office
that was here was closed and those In
charge ordered to Portland, n rumor
gained some credence that the
company had decided to posi-
pone the building of a line into this
place for year or so. This ruInor
was proved not TO have the least
foundation when a final copy of q
iirst-clnss mortgage gi,Sn 10y the
w. n |. Railroad Company 10 the
Bay State Trust Company, of Mas
sachusetts, was llled In the county
clerks office this week. The docu-
ment states: "rhe railroad company
is desirous OF raising money to enable
IL 10 acquire, construct, complete,
improve, equip and pay for Its said
railways and such branches and eX-
tensions thereof rs Ii may lawfully re-
solve to build by virtue ofany powers
that II at any time may possess,
with all proper stations, machine
shops, approaches and works, and to
acquire rights-ofway and land for
these purposes The mortgage
covers the eighty-thrce miles OF line
now constructed from Farmington,
Wash. The articles state that the
line will run 10 Spokane Falls and
across the Cnur d'Alene Indian
reservation 10 point near st. James
river on the Cmur d'Alcne lake,
thence In n northerly direction q long
the east side of the Cmur d'Alene
river, thence Ia Ceur d Alene mis-
sion, thence to Wallace, Idaho, and
Spanglc, Wash, thence to Mulian
and thence to Mlssoula.
, 1890-02-13
GERMAN Politics.
The Emperot's sociaIisttc Foley Gre
Ntes Much Discusstou.

LosnoY, Feb. 6.-The Stand ards Bef
lin corrcspon dent says: The main pur-
pose Of the emperor's decree is to rende r
unnecessary any exceptional anti-social
legislation AFTER the expiration OF the
limit within which tho present law has
focre.
The correspondent says that tIc effect
Of the emperor'S decree can only be COM
pared TO that produced by the news OF
The three Russian victories in 1863 and
is70.
The Austrian prcss praises highly the
noble initiative. but Is skepticul us tu
the success OF such con ieTcnCe.
Tho Times believes that the semi
official Journals arc correct in their state
ment thatgthe chancellor acquiesCes in
tho cnperOr's sociHlistic policy, and OBJ
serves that Bismarck never cared u great
deal for political consistency.
, 1890-02-13
THE TRIAL ENDED.
Rev, DIR. hall Defeated IN Bis sa;t
Against the New York Post.

BuYYALo n. Y, Feb. 7.-Judge Daniels
charged the jury this morning in the
suit OF Rev. DIR. hall against the New
YORK Evening Post. The Judge read the
articles upon which tho action was
based. Mr.. bail. lac said, had right to
investigate the character Of CleveI and, 1
he saw III to do 80, and II was for the
Jury to determine whether such investi-
cation warranted the Posts insinuation
that ho wus "a gutter snipe.' IL MIR.
Iall iibelled Mr. Cleveland that was no
justification for tho Post to libel the
plaintiff, sdpposing IL had done 30.
Further, II the articles were actuated by
malice and intended to injure the plain
titi. the Jury would he Justified la find
ing o verdict for the plaintiff and one
that would be "a punishment and an ex-
ample. Attention was called 10 the fact
Tint when q man comes out with pub
lie charge iic becomes to certain extent
a public character and open Ia criticism.
Tie Jury retired, hut soon returned with
q vef,licl of no cause Of actiol, thus de-
ieating l;ev. Dr. i'ali.
, 1890-02-13
RATS IN ENGLAND.
The Right Little. right Little Island
Needs Pied Pip~r Badly.

''-s " ~" 'b''
The plague Of rats, from which
more than one of our agricultural
districts are at present suffering,
threatens to assume serious propor-
tions, says the London STANDARD.
In Fast Lothian, though the vermln
have been destroyed by the thou
sands and all the terriers, steeltraps
end phosphorus paste In the neigh
borhood are In requ!sition, their
numbers exhibit no apprcciablc
diminution, while from the Fen dis
trict, In Iincolnshire, II Is reported
that they have never been 50 nuiner-
Gus or destructive. The potato pits
are invaded, the turnlp fields consti-
tute browslng ground for the
swarms OF rodents, and every gran
AIRY has been compelled 10 pay an
unwilling tithe to the horde which
has overspread the country.
Since "IIamclin Town In Bruins
wick Landn was afflicted IN similar
fashion, such pest has seldom been
heard Of. II Is true that for the
, 1890-02-13
ESGLAsD AND CANADA.
The People OF the Latter Country
Not a % xlO u. for llnse ErlaiI -n..

MONTREAL Feb. s.-The CLUB National
last night adopted a resolution saying
that tue action Of the chamber Of Gepu-
ties. OF Ottawa, il, adopting the address
to the queen. saying that IL was the de-
sire Of the Canadian people 10 perpetulte
the political bond between Canada and
England, was very inoppOrtune.
and will ALLEVIATE American
sympathies at moment when
public opinion calls loudly and ener-
gelically for the establishment Of closer
commercial relations between the UnitcL
States and Canada. "Whfle we profess"
says tho resol lution. "ndmirntion for the
English constitutional government, we
desire the esu,bllshmenl Of AN indo.
pendent nationality in British North
America, free from all European attach
mont"
The English men are much stirred up
over this
, 1890-02-13

tonure In ireland, and no instructive
words ofmino arc needed to apprisc you
OF tho critical cxigency OF tho hour. W.
look to you confidently TO move Il
the support Of your kith and kindred in
their gallant struggle againat the famine
nreeltng systcm OF Irish landlordism
Looking back upon their noble past,
what think you would not the Irish peo
PIE 90 Tor us, were our situation re
versed2 Remember with what prompt
ness r. poor starving Ireland contributed
tho stricken victims OF the Johns
town flood. Gmtitudc Is n virtu,
indigcnous to tho Irish disposition and
indweiling IN tho Irish hoart. Every
mite you contribute will be your broad
cast upon the waters OF which yon
may scarcely unticipate q return. There
fore, expect you In your individual and
more effort for Irish freedom. lei
every branch Of tho league reasscrt and
bcstir itsolf and lot every individual
determine TO do his part.
Tmr rREAsuRER rxoHERATEp.
Your indefatigablc treasurer ha,
shown to the world q manifestation o
honesty and economy that disarms crit
icisn and enlists enthusiasm. We need
ios "n-u.c ou tnM yuuFeNvry 'onNiou
tion VIII be faithfully delivered to its
flghtIii destination from ms clean and
trusted hands bo not disfpnyed Dy
your huilcd capacity 70 contribute.
Twcnty-hve-cent contributions have
been as faithfully entered upon
nis BOOKS as thousand dollar
femittances- Anonymous contributions
nave been Impossible !o answer put
nave bccn no less carefuily credited. VI
tnis our auditing committee aro uhihi-
pcncnaole witnesses.
~, thereiore, there lives IN your hearts
love Tor irclsndi u generous inspira.
non sun inmates you Ior .he people az
nomei " the brnve tiaditons OF your
name nnd race sun aode Win your
ali o. which have no DOUBT iecl sure
you VIII not nag ~ the CONTEST now that
'he CLOSING hHht Is upon U.S.
THE IMPENDING ELEcrfoN.
A oenerel election I'm Great uritoin Ia
t,,n.nII,,g Win "a. ~. ,,,,,.haiod A..
,n'a.a, 'ss. a-, ~ Enn,ans L. W.. ,S "1
o's'~.,-i 80 .., ~. ~ h,
shnsa ,n.rva,',,s v,uoy 4. s,s,a,nad +,
,ha insnir.s con.c,ons snss, Of nor,,n,
yictorv and parrell our .,,ocion. nnd
rs.ss,,r;ns ,asIa, ai,,,a,,s rnas.au
ana his s,o,,ch mnnn he n,,nds an,,
hsarts ~ o,r ,,cro,al m.onia sac.,'
ac'.s .,il K. I.,nan,ieJ ~ Ia,
~ as ~ ,noet ,,is s,,,sc,ns en,cr,ancv
~ as ~ .r.sa~v onJ ..sso sun.y ~
, 1890-02-13
A COUNrER-MovE.
Tho sheriff In Charge of senator
Becker Himself A rre.ted.

HELENA, Feb. s.-Sherin Parker, who
was on his way TO Helena with State
Senator Becker, was arrested at Boze-
man this afternoon by the sheriff of
Gallatin county, ON the charge of Kid.
naping the senator He waived OK
animation aud was placed under bonds.
Becker Is at Boteman with the sheriff.
BECKER BROUGHT To HELENA.
After Sheriff Parker gave bonds at
Bozcman he took Becker, hired n spe-
cial train and gothim to Helena tonight
at 1880. Becker was brought into the
senate. and the question OF whether or
not he will be fined is now being CON
sidcrei. The presence OF Becker makes
q quorum and Il Is understo that the
senate will set all night.
, 1890-02-13
FROM SEATTLE.
Sentence of u would 80 Murderer aud
Two HIghwayn.n.

SEATTLE, Wash, Feb. :. Alfred
Rumus, who was convicted In the SUI
kill Lizzie Murlock, an a. andoned
woman, was to day sentenced to three
years III the ponitentiury.
John Miller and John Began, who
were convicted few days apo OF having,
on OctOuor 10, near thu Seattle Transfer
Com pany's warehouse, stood up and
robbci Cyrus Cotton, n aPuyullup farmer.
received ten years each
, 1890-02-13
100 KILLED,
Removal OF the Victims or the 0rsa
Mine Dlsn,tcr

l.oNpoN, Feb. 7.-lhc work Of rcmoy-
ing tho bodies Of the miners who lost
Their lives by an explosion IN tho
tol.irry nt Abtrsychnn Ses.erday il be-
ing carrled on ns fast as possible. AL
ready 1855 bodies have becn taken from
the pit. IL is believed that about thirty
remain.
One hundred and seventy bodies have
been taken from the pit. IL IL believed
that tho total number will reach 100,
, 1890-02-13

CnIcAGo, Feb. i0.--rhc Chicago Pres
bytery. which has been discussing tho
quest ion of revision for two or thrcc
weeks, to-day adopted spe cliicati NJ.
that tho full integrity of tho system OF
shall bo retained, and that those state
men's which convey or seem to convey
erroneous impressions or complications,
and which are occasions OF stumbling,
he modified or eliminated.
, 1890-02-13

BosroS, Feb. lo.-The January earn.
ings of the Atehison road show an in.
crease oi 1854, wv.
The Black Hills union. [volume] (Rapid City, Pennington County, Dakota [S.D.]) 1889-1904, 1890-02-28
A Gongressman,s Trials.

Wade, OF Missouri, anailiarly
known as Farmer Bill" Wade, conRrotu
lates himself on the fact that he has
achieved a committee chairnanship be-
cause he now has o clerk 4 attend to his
correspondence. The law contemplates
this clerk in the act Of devoting himself
exclusively 10 the pressing business
Of the committee on labor, but Col.
Wade views him more frequently in the
act Of attending to the congressional af-
fairs OF William Wade OF Nilsson i. This
relieves the colonel of much of the petty
drudgsry of congressional work and leaves
him free to relate to his fellow members
the side splitting anecdotes for which he is
famous. Col. Wade never had o private
secretary or clerk before he was made
chairman of the labor committee, except
on one occasion. when be employed o sub
stitute whose performance The colonel has
described in q fearful way to all OF his col
leagues.
This clerk was a man who lived in Col.
Wade's district for many years, and who
had almost a wider acquaintance there than
Mr.. Wade. He volunteered his services for
certain hours in the evening to write let
tiers. Col. Wade was about to absent him
self from the halls'of legislation and from
the national capital, with a view
to transacting some private business.
The suggestion ca,ue to him oppor-
timely. He would go away, leaving
his correspondence in the hands of the ex-
Missourian. The ex-Missourian would
with much ad1oitness write in the colonel's
name non-committal answers to the letters
that were received aud the colonel on his
return would follow up his assistants let
ters with something appropriate, explain
ing the pressure of business which had oc-
casioned the hasty reply previously for
warded.
The situation was explained to the ex-
Missourian. He took it in smiling and as
serted q thorough comprehension of it. So
Col. Wade went away with a light heart.
1t was a day or two after his return before
hs realized the wreck to which his. political
hopes and prospects had well-nigh beer
brought. Said the colonel, tearfully, TX
planning the situation to a colleague after
ward:
THAT man wrote to all the people in my
district that I was cut of town-just thu
thing l did not want them to know. Blu
he did more than that. Instead of ad.
dressing my warm political friends in con
c~iliatory phrase; instead Of implying tina
I was the dust of the earth and that the,
were he people, he fell on then
and smote them hip and thigh
Reading between the lines of hi
letters these were about the idea
that would appear to my correspondent
Look here, you d coundrel, don't 20
know who l am? I am Bill Wade, con
gresham, and I own the XIIIth distric,
together with all the live stock, two -legge
or four-legged, in or about i'll!
1T took me the rest of my term to ST
myself right with my people," continue
Col. Wade with G groan, "and it is a wor
der I ever got back to congress. Ne
I York Tribune.
The Black Hills union. [volume] (Rapid City, Pennington County, Dakota [S.D.]) 1889-1904, 1890-02-28

dies is sold under such trying conditions; no
ordinary remedy could sustain it-elf under
such a plan of sale.
For all chronic or lingering Coughs, Weak
Lungs, Splitting of Blood, Bronchitis, Short
ness of Breath, Asthma, and kindred all
ments, it is a most potent remedy. While it
cures these diseases it also ~cleanses the blood,
invigorates the liver, improves digestion, and
builds up both flesh and strength. Contains
no alcohol to inebriate, no sugar or syrup to
sour or ferment in the stomach and inter-
fere with digestion. It is a concentrated,
fluid, vegetable extract. Dose small and
pleasant to taste. 1t stands alone in the field
of medicine, and is as peculiar in its won
derful curative effects as in its composition.
Therefore. don't be fooled into taking some
thing recommended as g just as good.S Bear
in mind, it's the only Liver, Blood and Lung
Remedy possessed of such trunscendemt
curative properties as to warrant its manu-
facturers in selling it under a printed GER
tifcate of guarantee, which wraps every
bottle. WORLDS DIsPENsARY MEDICAL
ASSOCIATION, Proprietors, 663 Main Street,
Buffalo, N. Y.
The Black Hills union. [volume] (Rapid City, Pennington County, Dakota [S.D.]) 1889-1904, 1890-02-28
A Murderer Arrested.

Joseph R. Reynolds was arrested in
Port Huron, Mich, through the
efforts of Detective Robert Bruce,
of Chicago. Reynolds is charged
with having committed amurder in Morgan
county, Georgia, March II, 1883. The kill
ing was the outgrowth Of a political teud
that existed between tbs Reynolds family
and that of Benjamin H. Jones, who was
his victim. The affair occurred just after an
election. The men met at the depot of d
small towa and alter II few words ilau been
exchanged Reynolds, a democrat,
drew q revolver and shot
Jones in the head. The shooting
was done in the presence of a large
number of men. Reynolds, who is but
90 years old, fled and nothing vas heard of
him until a few days ago, when he was To-
Gated by a detective agency.
The Black Hills union. [volume] (Rapid City, Pennington County, Dakota [S.D.]) 1889-1904, 1890-02-28
"TAKEN IN.n

CT used often to read the newspaper aloud
to my wife" said Bert Robinson, "and once
I was fairly taken in by a patent medicine
advertisement The seductive paragraph
began with a modest account OF the sea-
serpent, but ended by setting forth the viz
tues of DR.. Pierce's Golden Medical Discov-
cry, which, it was alleged, was a sure cure
for all Bronchial, Throat and Lung troubles,
and would even cure Consumption. if taken
in time. The way [ was taken in was this:
] had lung disease, n l bought a bottle
of the remedy; l was a stranger to it, and it
took me in-and cured me-" Robinson's
experience is identical with that of thou
sands of Others. SO true is this, hat after
witnessing, for man years, the marvellous
cures of Bronchial, Throat and Lung affec-
tions wrought by this wonderful remedy, its
manufacturers feel warranted in selling it
as they are doing, through druggists, under
a positive guarantee that, if taken in time
and given a fair trial, it will relieve or cure
in every case, or money paid for it will be
refunded. No other remedy for such mala-