davidaulloa/AmericanStories huggingface dataset:
Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1891-05-07

II was the partnership property Of Gold
stein g. NIeolsky. While the legal title was
in one of the partners it was competent to
prove that the equitable title was in the
firm. The admission of testimony was not
violation of the agreement that Melosky
should be the common source OF title. Re-
versed and remanded. Henry, j.
Wichita Land and Cattle company VS.. the
State; from Archer Suit by the state to
set aside sale of certain sections of school
lands upon the ground that they were pur-
chased by the company, private corpora
ton, in violation of that provision of the
act of April u, 1888, which prohibits the
acquisition OF more than one section by a
corporation in any one county. While
parties purchased the land and afterwards
conveyed to appellant, and the theory of
the state was that this was preconcerted
arrangement. Held: l. The court did
not err in charging that 1.-The burden of
proof is upon the plaintiff to prove by a
preponderance Of the testimony every mate
rial allegation in the petition and its right
to recover" 2. Requested instructions
not warranted by the evidence were prop
erly refused. 3. Evidence conflicting but
supporting the judgment, and we cannot
reverse on that ground. 4. While limita-
ton of one year applies TO this case of
cases, it must be construed to mean one
year from that date of the discovery OF
fraud, or when it might have been discov-
cred by the state rs Tex, 450l. Affirmed.
Gaines, J.
W. a. Clark ct al vs. John Adams; from
Milan. Trespass to try title. l. a pos
session and claim Of land under an eXecutory
contract of purchase, is not such an adverse
possession as if continued for the requisite
period will bar an entry within the statute
Of limitation, and especially it is in no sense
aI-- fna 1f,.1a
was made. The vendee's possession cannot
avail him for protection under the statute
Of limitation, for until payment under an
executory contract for the sale Of land, the
statute will not run in his favor. A Tex,
III; 10 Tex, 1877. Affirmed. Henry, j.
Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1891-05-07

Fred Carleton ct al. VS.. c. lombard; ;
from Williamson. Motion to withdraw
from commission of appeals. L The cause
having been argued before the court, motion
to withdraw will be granted. Per curtain.
Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1891-05-07
As GOOD AS A,cH-PRiceD MACHINES.


Go.
machine arrived
the
the Respectfully, R. LAPP
Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1891-05-07
BEY0RD MS EXPECTATIONS.
To the Gazette {:

received machine in good order
expectations finish simple in construction convenen
O several. can't be J.
Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1891-05-07
ALL THAT rs CLAIMED ron IT.


Democrat Publishing Fort Worth, Tex:
No Hishr sewing machine recev
wife claim for and squte satf
this
The exceedingly handsome well finished
truly
Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1891-05-07
NAYS Elected Senata5\

-TALLAHAssEE, FLA, May 6.-The ALI
ance men in the legislative caucus pulled
down Spear and placed \. S. Mays in
nomination. The sixty-frst ballot call was:
Mays, 50: Long, i; B!oxham, l; Spear. l;
scattering, 2.
Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1891-05-07

]. P. Smith ct al VS.. J. W. Wilson.
Motion for certiorari. l. The motion
shows proper grounds and will be granted.
So ordered. Per curtain.
Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1891-05-07

II. Kempner vs.. Hattie Rosenthal; from
Cooke. l. Goldstein & Melosky were in
solvent and Indebted to both appellee and
appellant The title to the land in contro-
yersy was in Melosky of said firm, who
eeaFe his partner, Goldstein, power of at
torney to sell it. Appellee was a non-resi-
dent and her claim was in the hands of an
agent for collection, who, without her
knowledge, agreed to take conveyance of
the land in satisfaction of her debt. Before
the deed TO appellee was recorded and be-
fore she ratified the act of her agent in ac-
cepting the land in satisfaction of her debt,
appellant levied an attachment on the land.
This suit is by appellant to remove cloud
from his title. Held: l. The charge as to
the construction to be given the power Of
attorney was expressed somewhat OBJ
scurely, vet we do not doubt that the jury
were mislead, or failed to get correct i'm
,ression of their duty. p The general rule
Is that the ratification of an agent relates
back 10 the time of the act This rule Is
operative between the parties to the trans
action, but it cannot be applied so as TO de-
feat the intervening rights Of other persons.
[67 Tex. 4S1. At the time of the
levy of appellants attachment, ap-
neliee had not ratified the act of her agent
and was not bound to abide By the result.
She could, up to the time of ratification,
have collected her debt, and she
could not enjoy that right and at the
same time own the land. 8. II was
competent to prove by parol testimony
that while tho Land was decided to Melosky,
The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1891-04-28
GOVERNMENT FUNDS.
The Available Cash Balance in the
United States Treasury.

WASHINGTON, April 27.-A Star reporter this
afternoon asked Director of the Mint Leech for
an explanation of the statement made by him
Saturday that there was an available cash bal
ance OF S25S. o00 600 In the Treasury. Leech
said he holds that gold and silver certificates
amounting TO S493 100000 represent trust
mOney-that Is, com has been deposited by in
diylduals. and The Government has issued GER
tliicates to pay back Ihe same on demand. Pos
sibIy the fund of 81 000,o 900 placed with the
Treasury by the national banks for keeping
their currency in good condition is trust money,
but as Congress has just ordered the money
placed by The national banks for tie retirement
OF their circulation to be covered into the gen
eral balance, il is difficult to conceive why this
Is any more sacred. The remainder OF the
money in the Treasury-sone $258 100000
Leech holds, belongs absolutely 10 the Govern
ment.
.Prior to 1886" he says, "the available bal
ance in the Treasury was always shown as the
amount OF money which actually belongs TO the
Government. the Sl0,000.000 In gold pull
chased by the sale OF bonds for resumption pur-
poses was always included as portion OF the
available balance prOr TO that date, and there Is
no reason why IL should not be- Nor is there
any reason why legal-tender notes issued In the
purchase Of silver bullion are any more current
liability than other greenbacks. They are the
same class OF legatender money. They are not
silver money, people generally.srppose. They
are issued, in the first place. In the purchase OF
silver tbulon, BUT as they come back into the
Treasury they are ressued for all pur-
poses. The fact that The Secretary is
anxious to convert all The assets into
the most available form OF money Is no indica-
tion that there is any shortage in the Treasury
funds. In accordance with the acts of Congress,
trade dollars, bullion and subsidiary silver coins
VIII be rec0lned as soon as the new designs are
decided on. Whether the Secretary should de-
eide TO extend the 4 and Az per cents at the
rate OF per cent would simply be a business
proposition as TO whether II would be more prof
liable for the Government TO use its money In
buying bonds bearing per cent Interest at the
current rate l imagine The recent order sus-
pending the purchase and The policy OF the Sec
rotary regarding the and 41a's arises more
from consideration of the fall OF The money
market than any present or anticipated lack oil
da
The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1891-04-28
GLOVES AND FISTS.
Slayin May Be Matched Against
COrbett or Jackson.

The Directors OF the California Club decided
LIST evening 10 match Abe Willis against George
Dixon, the col ored feaIher-weight champion.
provided the Australian will make a favorable
impression on the members OF the club this
evening In an eght-round contest against Danny
Mahoney, the local bantam weight champion.
Tie club has also under consideration match
between The winner Of the jackson and Corbett
fight ana Frank z. Slayin. The latter Is now in
New York, and In u recent interview with a Sun
reporter said that there was only mere pos
sbtiity OF Inducing Sullivan TO enter the ring
again lie would meet the winner OF the next I'M
porrani fistic feature NJ the California Club.
Jackson having anticipated Slavns arrival IN
this country answered In The affirmative, ana
without a moments delay, letter which lie had
received from the Secretary OF one of the Aus
ira liam boxing clubs asking him II lie would meet
Goddard III a contest 10 finish.
IL the jackson and Goddard match should be
consummaied Slavin will find himself without "A
worthy opponent il jackson should prove 10 be
The winner Of the coming contest al The CalifOr-
mia Club
Corbelt does not seem particularly anxious to
face the white Australian champion, and on that
score he reserves his opinion until such time as
he decides The question OF fistic superiority with
his c0iored opponent.
Prior 10 tile Entertainment the election OF off,
GERS for the ensuing year will take place. There
are TWO tickets In The field, viz: tho regular and
opposition.
The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1891-04-28
BEHIND THE BARS.
DR.. Hall Charged With Ida Shad.
docks Death.

The Investigation OF the peculiar death Of Ida
Sbaddock of Stiles, Colusa County, took more
sensational turn yesterday, when Detective Rog-
eEs placed DR.. Samuel H. Hall behind the bars OF
the City Prison on charge of murder.
Judge Morley issued the warrant for the ar
rest on complaint of John McCarvIle, the loco
motive fireman. 10 whom the young woman was
engaged to be married. Hall was slowed away
in the tanks" and during the afternoon he was
visited by his wife, son and an attorney.
Ii was said that he would make an effort to Sc
cure his release on witt OF h2beas corpus, or,
at least, endeavor 10 Lave the Superior Court
make an order for his release on bonds. TIE
Investigating officers say that the chain OF cir
cumstantial evidence IA tightening about Ball.
According to his own statement, Miss Shad-
dock went 10 his house on March 22d. and nine
days later he put her aboard the train at the
Oakland Mole In a dying condition. She died In
hack soon after leaving the train at BenIcia,
and the discovery was made that malpl aciice
had caused her death.
The medical testimony introduced at the In
quest showed that the criminal operation must
have been performed within six days prior to
cured during her stay at Haps residence on
Seventeenth street. Rail says that she gave pre-
mature brln 10 child in his house, but the
police believe that sufficient evidence has been
gathered TO prove more than this. Moreover,
they have located the third person in the case.
and he may be forced TO appear IN court as 4
witness against the accused.
When the cases OF Hail and bis son, charged
vii a battery on McCarville. Will come uD in
Police Court to-day, IL is SAID tn ey will plead
guilty aud pay fine.
The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1891-04-28
PROPOSALS.

NEW CITY HALL-oFFICE OF EDWARD l.
Hall Commissioners san Francisco, April 81. 1891.
Sealed proposals for the following work and ma
teriaIs will be received by the Board OF New City
Hall Commissioners in the chamber OF the Board of
supervisors Saturday, June 6. 1891, between the
hours of II and ~ O'Clock A. NJ. of that day.
For the furnishing and placing OF document file
boxes in the fittings made therefor, TO the amount
of Is. 600 tbereaDouts in the County Clerks new
Office in the northwest wing of the New City Hail.
Proposals to be In accordance with contract draw
ings and specifications.
The work to be completed on or before the 30th
day of September. 1891.
Reference is hereby made to the plans, specifca-
tons aud conditions of the contract in the office OF
the Secretary and Architect, under which tn work
must be done The Secretary will furnish blank
forms OF proposals and bonds TO intending bidders.
No bids VIII be entertained unless made upon
blanks SO furnished The bond must be 10 per cent
of the total of tender to guarantee the closing
panied either with certified check or with two or
more good and sufficient sureties, whose names
must be submitted to the Commissioners at least
three days before the opening of the bids in order
that they may pass upon their competency The
board reserves the right to reject any and all bids
Payments viii be made by audited demands upon
the treasury. drawn against the ew City Hall fund
Bidders must strictly comply with the proposals
with reference to boadsmen should they have
GEORGE II. sANDERSoN,
THOMAS J. L. SMILEY,
JOHN II. BURST.
Board OF New City Hall Commissioners.
EDWARD J. WOLFE, Secretary. APPS 30t
The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1891-04-28
AllCTlON SALE
OFF RICH AND ELEGANT FURNITURE AMI
CARPETS. NJ j. SIMMONS. Auctioneer,
WILL, SELL. TOMORROW,


OF RICH AND ELEGANT FURNITURE AND
CARPETS. NJ. j. SIMMONS. Auctoneer,
WILL SELL TOMORROW,
WEDNESDAY, April 20, 1891, at II o'clock A. NJ,
at the residence. 637 MCALLISTER STREET, near
Franklin. all OF the Rich and Costly ParIor, Bed
and Dining Room Furniture, Handsome Parior Up
holstery. Velvet and Body Brussels Carpets ana
Rugs. Elegant Piano-Lamp, Real Lace Curtains
and Draperles. Colored Line Engravfngs, Paintings
aud Etchings Handsome Parlor Ornaments ETC.,
consisting In part Of Elegant Parlor Set, In hand
some carved cherry frames aud delicate shades OF
satin brecatel covers and rich plush trimmings;
Parior Divans, Sofas. Easy.Chairs and Fancy Rock
ers ia satin and other covers Handsome Pictures
and Ornaments; Elegant Eastern Walnut and Oak
Bedroom SETS with trench-piate dressers and chit
fonleis TO match clipper Spring and White Hair
Mattresses Down Feather Pillows and other fine
Bedding: Velvet and Body BRUSSELS carpets
throughout the house; Massive XVI Century Pedes-
tai Extension Table, with Sideboard and Chairs to
match: Elegant Bed and Turkish Lounges; Eastern
Walnut Hal-Stand: nearly Pacific Range, with
extra Porcelain fixtures large assortment of China,
Glass and Plated Ware; Patent Kitchen Table, etc.
n B.-The above goods are all Of the latest style
and best Eastern manufacture and will positively
be sod without reserve
ANS It Nj. ). SIMMONS, Auctioneer
The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1891-04-28
GRANTS BIRTHDAY.
Tributes to the Memory Of the
Departed Hero.
annual Dinner at DeImOniGO'S Attended by
Many Prominent Citizens.
The Am9riCuS Club Banquet al PittSbuTg
Ground Broken for The Monument
at Riverside Park.
Special to THE MORNING CALI

NEW YORK, April 27.-The ANNUAL dinner in
eommemoration of the birthday of General Grant
was held at Delmonicos tonight and was at
tended by many notables. The banquet-hall was
beautifully decorated. After toast to the mem
ory of General Grant, which was drunk In silence,
he gentlemen all stood up and greeted Mrs. Grant,
who was in the gallery, with applause. She was
accompanied by her daughter, Mrs. Sartoris,
and other ladies. Hon. Joseph II. Choate pre-
sided. Among other prominent gentlemen pres
sent were; Senator Evars, Chauneey NJ. Depew,
Minister Romero of Mexico, Senator Briee,
George NJ. Pullman and General Swayne.
Senator Eyarts spoke to the toast of '' The day
we celebrate" briefly reviewing Grants career
and closing with an eloquent tribute 10 his works.
Colonel Douglass of Baltimore, an executed
crate, made an address. in which be said: Let
US have peace, and, thank God. we have peace.
and the South and Nerth are united in more
ways than one" Tie speaker referred TO The
death of all the great leaders OF the late strife,
hut said there were still few old ConfedeIa tes
left. He would find enough to raise regiment
10 cad against Italy or any other foe. There is
not q Confederate soldier to-day who would not
contribute his mile to help the erection OF the
monument to The memory OF the departed hero.
The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1891-04-28
CONDENSED TELEGRANIs.

NEW YORK, April 27.-CoIonsl Robert G. IN
gersoIl is confined to his bed, seriously i'll with
la grippe.
NEW YORK. April 2T.-God coin to the
amount OF 100000 has been ordered for ship
N Mt to Europe tomorrow.
LONDON, April 27.-Gladys Evelyn, plaintiff
IN the Huribert case to-day filed motion for a
new trial In the Court of Appeals, to be argued
May 9th.
HARRIsvILLE On. W, April PA fire to-day
burned buildings on both sides OF the main
street. ten or twelve stores being destroyed
ZANZIBAR, April 27.-The British war ships
Pigeon aud Brisk have left the harbor with
sealed orders. 1t is believed their destination Is
the Pungwe River.
BEDA tKy.N; April PA terrific storm passed
this vicinity Saturday night, dong great
damage. The dwelling of Matthew Powers,
seven miles from here. was demolished and TWO
children fatally injured.
LONDON. April 27-Buenos Ayres adylees say
the charter of The new Banca k-pnbca has
been drawn. The Chamber OF Deputies pro-
poses 10 issue metallic notes aud Withdraw the
paper outstanding on the basis OF one dollar
new for two OF gold.
VIENNA, April ga dispatch from Witko-
wiz village OF Bohemia, says the manager
aud six men employed at The iron works belong
ing TO the ROthscnilds at that place have been
killed by an explosion aud many other employees
were seriously injured.
The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1891-04-28

by two-thirds vote OF the Legislature, and by
courtesy a copy Of the act was sent TO Governor
Nichols, who vetoed il. although the friends OF
the measure argued he had no right 10 40 so
under the Constitution. The Secretary OF state
having refused to promulgate the act. Morris
and company applied ior a mandamus COM
polling HIM to promulgate the proposed constltu-
at the next general election. The District Court
to-day rendered 4 decision In favor OF the lottery
comuapy Judge Watkins reading the opinion as
Inc organ OF the court. Chief Bernrudez and
Associate Justice McEueTy concurring. Each
read his opinion. while Associate justices Fen
ueT aud BreauX read dissenting opinions.
WASHINGTON, April 27.-The United States
Supr, me Court to-day postponed the lottery
advertisement cases. despite vigorous efforts on
Tie part of attorneys for the New Orleans lot
terry ana the Mobile papers, who argued that
postponemeut would leave their papers with
lottery advertisements excluded from the malls.
The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1891-04-28
PERSONAL NOTES.

Governor Markham is at the Palace.
Rev. j. l.. Nithrow of Chicago is at the Lick.
S. L. Holden. Napa banker, is at the Grand.
Commander Bartlett, U. S. N, is at the Palace.
Rev. DR.. Shepherd OF Santa Rosa is at The
Grand
Commander c. II. Stockton. U. S. N, is at the
California.
j. F. Burraclough of Albuquerque, n. NJ, Is at
the Baldwin.
c. Stock, mining engineer from Grass Valley.
is at the Lick.
f. S. Moore aud wife Of Hanford are guests
The PleasanloH.
&. z. Mullen OF Philadelphia is registered at
the Hotel PIeasanton.
Mrs. d Messer and daughter of NATION, ILL.,,
are at the Hotel Pleasanton.
Mrs. j. A. Kimball and daughter of Salt Lake
Ciiy are stopping at The Hotel Pleasant0n.
j. }. Cox Edwards and II. p. Gardner OF Man
chester, England. are at the Hotel Peasanton.
Mrs. j. Ivers and family and the Misses Bart
lett of San Diego are guests al the Hotel Pleasdn-
The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1891-04-28

but that be knew all about what was going on:
He was satisfied that August would be bound
over at the preliminary examination. Did not
know that he look any tools away from tue
ranch. The prosecution made objection to very
nearly all Of the questions put TO Olsen, pul
Judge Law promptly oyerrued them.
Henry Grey, contractor on the Turloek "a
nal said lie saw August Olsen pass bis camp
about O'Clock on the fatal Sunday night. de
Is near-sighted, but saw him all the same
Never told any one that he had seen Olsen, and
that $500 would clear him.
Rev. ID. Taylor SAID he performed the marriage
ceremony between Miss Olsen and lvett. Both
seemed willing TO the marriage. The marriage
was postponed abOu. an hour, but the Osens
told him that t was for the boys TO go TO town TO
get flowers.
Mrs. Taylor then gave the same testimony as
her husband.
+. 6. 0strander examined the bloody track on
Iyelrs back porch and helped TO measure IL:
The track was very distinct. Saw the print OF
lacks In the heel
Judge Law has not yet made public whether he
will let the Jury visit the scene OF the murder
but 1t is pretty certain that he win grant this re-
quest and allow them TO visit the scene they
have heard so much about.
The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1891-04-28
BILLIARD TABLES!

TOR SALE BY % PER CENT LESS THAN ANY
other house In city: 500 upward: business estab-
lished 1856 gold medals awarded 1882, 1888, 1884
T.. LIESENFELD, 945 Folsom st.
No drummers. DIS SuTuTh SIN Up
The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1891-04-28
TOMORROW

TOMORROW.
Wednesd ay, ..........-.........-Apri1 29, 1891,
at II O'Clock A.. NJ. on the premises.
SIP Van Ness Ave-, bet. Fulton and Grove SITS.
The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1891-04-28
THE VERY ELEGANT FURNITURE


THE VERY ELEGANT FURNITURE,
Grand Square Steinway & Sons Piano,
GRAND UPRIGHT HEMME 4 LONG PIANO;
MANTEL MIRRORS: SPLENDID UPHoL-
STERY; MA6NIFICENT BRONZE TERRA
GOTTA; BISQuE, FLoRENTINE AND
EUROPEAN BRIC-A-BRAC AND ROYAL
WILTON, MoQUEr AND BODY BRUSSELS
CARPETS IN ABOVE ELEGANT RESIDENCE,
-. COMPRISING.
l Grand Square Steinway & Sons Piano. cost S700;
l Grand Upright Hemme Long Piano, cost
$3.50: Magnificent Upholstery; Sofas, Dlvans;
Easy and Reception Chairs In richest materials
French Plate Mantel Mirrors:
3 Magnificent Antique Oak and Walnut bookcases
Grand ParIOr Cabinets; Royal Center Tables;
magnificent French Bisque Busts and Statu-
cites; Magnificent Bohemian Mante Sets: Rarest
Florentne Vases and Bisque and Terra Gotta
Plaques; Grand Flower Urns; French Jardin-
ieres: Elegant Bronze Statuettes Grand Mantel
Clock: Splendid Vases; Brass Fans; Candelabra
A Elegant Mahogany, Antique Oak and Walnut
Chamber Suits, with Plate Mirrors.
l Magnificent Piate-Mirror Front Wardrobe: Extra
Mattresses; Lounges; Bedding: ! Magnificent
Toa Wood fall Hat-Stand, cost $l75; Very Ee-
giant Water Colors and EngravIngs: Elegant
Antique Oak and Walnut Sideboards: Walnut
Buffets Elegant Extension Tables: Extra Oak
and Walnut Leather Seat Dining Chairs.
MAGNIFICENT CHINAWARE.
l case containing "a Royal Worcester Coffee Cups
and Saucers OF imperial beauty cost 500.
! case of "a Mag 'ifcent Carlsbad China Cups and
Saucers OF exquisite design, cost S8o.
j case OF "a Magnificent Chocolate Cups and
-Saucers from Hayeand, London cost s65.
/ case IL Royalty Elegant Hand-panted China
Fish Plates from Hayeland, London, cost SIS.
l Magnificent China Dinner Set, 125 pieces;
Magnificent Persian Coffee Set.
Rarely Elegant individual pieces Decorated China;
Magnificent Crystal Cut Glassware.
Extra Royal Wilton. Moquet and Body BRUSSELS
Carpets and Persian Rugs.
Together with an immense amount OF other elegant
articles.
The Chinaware in this sale is tho finest ever ex-
ANS ri GEO +. LAAISON, Auctioneer
The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1891-04-28

ST. LOUIS, April 27.-St. Louis Is, Louis
viIIes 3.
CINCINNATI. April 27.-Clnclnnaiis 4. Colum.
bus 8.
BALTIMORE, April 27.-Batlmores 8, Wash.
lngtOns 4.
PHILADELPHIA, April 27.-Athletics 4, Bos-
tons 8.
OMAHA, April 27.-omahas 1, Sioux Citys 2.
DENVER, April 27-Denyers o, Milwaukees /.
LINCOLN, April 27.-Lnc0lns 10, 81. Pauls IL.
KANSAS CITY, April 27.-Kapsas Citys 6, Min
ne apols 10.