davidaulloa/AmericanStories huggingface dataset:
Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1891-12-11
The l. o. o. f. Trouble,

Fargo, and Grand Treasurer J. J. Nier-
ling of jamestown, arrived yesterday to
help straighten out the complicated
trouble over the property of the defunct
lodge. States Attorney Register rerved
an injunction in behalf of Burleigh
county to hold the property for taxes.
The grand lodge replevied and gave
bonds and will ship the property this
morning. Meanwhile a suit in court
will determine who is right.
Grand Master Herrick did not cause the
arrest of Deputy Treasurer Tibbils, as
first contemplated, and the whole affair
has been a micably adjusted-that is, left
to the court, where such questions be-
long. The kilograms sent out Saturday
regarding the affair we're o~utrageously
exaggerated and incorrect. In the little
scrimmage between Tibbils and Herrick
no hammer was used and neither party
sustained any ply steal injury.
Supreme Court Decisions.
Two cases we're filed Thursday in the
supreme court to be argued at the COM
ing January term. One is from Walsh
county and is entitled Herman P.
Gauthier, appellant, VS.. Felix Rusicka,
respondent. This is an appeal from an
order OF Judge Templeton vacating a
Judgment rendered by default in favor
Of the plaintiff and ordering a trial of
the same n its merits.
TX
The second is entitled the Merchants
National bank of Devils Lake VS.. Frank
Mann ct al. This grows out of a contro-
versy over a chattel mortgage and
whether the property described therein
was really and truly mortgaged. Tie
instruments was executed in 1888, and
reads as follows: "All crops to be sown,
grown and planted during the years
1888, 1889 and for each and every sue
ceeding year until the debt hereby Sc
cured is fully paid" John Morgan, from
Devils Lake decided the mortgage void
as to the crop raised on the land 10 1890
and this decision is to be argued before
the supreme court. It is a question of
considerable Importance as many a ma
chine and loan money mortgage has
these conditions in it. A. s. Drake of
Fargo will appear for the a~ppellant-the
bank-and Jas. +. O'Brien of the Lake
for the defendants.
XXI
In the case of Gould vs.. Duluth &
Dakota Elevator company, recently de-
The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1891-11-19

set up this judge made law in place OF
the law Of the people embodied IN eX-
nress statutes is wrong that should
not be tolerated. To break wills by it
is simply judicial plundering OF dead
mems estates.
1t is recognized principle of our
Government that within certain limits,
universally admitted to be just and
reasonable, man may dispose of his
property by will as he pleases. No
ones will should be defeated except
for the best of reasons and in strict
conformity with the law. None should
be broken on shadowy technicalities
or bubbles. In case Of doubt the tes-
tator should have the benefit of it.
The aim of the courts should always
be to give effect to his wishes, to up
hold his will if possible.
AS it is the courts go to the other
extreme. Their aim seems to be to
break instead of sustain wills, to give
contestants the benefit of any doubt
rather than the public, to substitute
the wishes of disappointed heirs for
the will of testators. This is grow
ing evil which it is high time for the
legislature to eradicate.
The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1891-11-19
4 PLACE TO BUILD.

Austin has advanced so rapidly
within the past few months that she
has attracted the attention Of the
state. The cities who have many
times asserted, ~ scornfully enough,
that "Austin would be splendid
place to build city," are now forced
to admit that the city is about to be
built. They were right. There is no
more beautiful place in Texas to build
a city than this, with its circle of blue
hills standing guard around it, with
its beautiful river and broken and
varied landscape. 1t has long been
conceded that Austin is one of
the healthi2st points in the state, and
the number of invalids who have
found health and strength on these
rocky hills have sung the praises Of
the city to some purpose. The uni
versity and the many excellent
schools, public and private, make
Austin the ideal city for educational
purposes, and the number of people
who settle here, that their children
may have the advantage of attending
Austin's schools, is constantly in
creasing. Churches are on every hill.
and the many bells mingle their tones
in sweetest harmony and make the
Sabbath vocal with their gmeIodious
invitations. Aside from these social
advantages, Austin now has the In
ternational and Great Northern road
and the Houston and Texas Central.
connecting her with northeastern and
and southern Texas. She has Just Sc
cured another road, which will give
her connection with the finest mineral
district in the state. She has Just Sc
cured the location of the sanitarium.
which will open up the northeastern
part of the city with graded streets,
water works and electric lines.
She will soon establish beautiful
building for the Young Mems Chris
tian Association. She is negotiating
for iron works, new railroads, factory
enterprises, and other improvements
The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1891-11-19
THOUGHTS FROM THE SANTA
Rim LOCATION.

Ithad by many doubtless, been con-
sidered foregone conclusion that the
Sanitarium would be located some
where along the borders of the Dam
lake. 1t had been thought that the
advantages of lake facilities ana
mountain air and scenery WOULD
prove all conclusive arguments. But
this has not turned out to be true.
MANY sites along the dam were Of
fered, some for purchase, others as
donations; yet against them all was
urged the at present indisputable dis
advantage of inaccessibility. a site
was chosen nearer the city, and I'M
mediate electric railway connection
nromised. This selection will open
ND q new part of Austin to specula-
ton. The natural beauty, the vast
number of perfect home sites in East
Austin long since would have COM
manded attention and utilization but
for the disadvantageous barrier Of eX-
listing character of its population
But if this hotel achieves the aims
of it's projectors, then will it form the
nucleus Of q changed order of things
in East Austin. 1t will point the fact
that Austin is susceptible Of a gen
eral and symmetrical growth; that in
every section of the city can be found
beautiful homes and the best of sur
roundings. This sanitarium location
may be the means of revolutionHing
things on Robertson Hill and that
East Austin neighborhood.
Other than what the sanitarium
may mean to East Austin, the reasons
for its location there should prove of
general interest and benefit. 1t is the
burden of this day of progress, "quick
transportation" 1t was the absence
of this and its claimed uncertainty
that turned the tide against lake
side location. This decision is weighty
with suggestions as to the value to
Austin of the new electric system we
are putting in, and with argument
for the inducement to come in Of all
new ventures of the same kind
Rapid transit and great deal Of ii
is what Austin must have to develop
thoroughly and rapidly.
The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1891-11-19
Comptroller's Department.

The revenue deposits yesterday
amounted to 50, 1854.
The collectors of the following coun-
ties yesterday made reports to cover
their collection for the month of De-
tober:
Coke, Grimes, Jefferson, Limestone,
Madison, Potter and Robinson.
Warrants were drawn in favor of
the following counties under the oper-
alton of the scalp law:
Ector $3.50, Wheeler $l40.57, Shack
elford $190.50.
The following letter was received
by Comptroller Mccall from General
Manager Hamilton of the Texas Cen
trail railway. 1t would indicate that
he is Disguised with his job and the
financial policy Of the state as well.
He says:
Jno. D. Mccall, Comptroller.
Dear Sir: | am this morning in re-
ceipt of your communication of the
10th, together with circular calling
my attention to the fact that the
Texas Central Railway has made no
report of its gross passenger earnings
The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1891-11-19
BYALL MEANS SEND THEM ABROAD.

THE young ladies of the Lake For
est school, Chicago, have inugurated
the practice of "hazing,n and merrily
tossed one of their comrades in blan-
ket the other night until she was half
dead with fright. The News, of that
city, hopes that hazing is healthful
sport, and says with sarcasm:
If some medical authority can prove
that the exercise of hazing is heathful,
productive of muscle and good spirits
it would be absurd to estop it. A fra
gile young girl who is taken from her
bed at midnight, dashed with ice
water, dropped down two flights of
stairs and then chased merrily around
the school grounds might be too OBJ
fuse to see the fun, but, in the altruis-
tic philosophy, she should be willing
to sacrifice herself to the health and
happiness of her high-spirited tor
mentors.
In this connection The STATESMAN
would suggest TO Texas parents that
it is good idea to send their children
abroad for an education. In those
Northern schools, such as the Lake
Forest, they acquire "pOlisho and a
cosmopolitan air" which they could
never gain at home!
The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1891-11-19

TIE Bonham News is bright an
sensible paper and THE STATESMAN
appreciates all the more, on that ac-
count, the clear and decided manner
in which it states the truth about
Austin. The News says:
When the big dam across the Col
orado is completed, Austin will have
the finest water power in the South,
and will, therefore, become great
manufacturing city. Its advantages
are great, situated in the center Of the
greatest cotton and wool growing re-
gion in the United States. The mild
ness of the climate and healthfulness
of the location, together with its
proximity to a fine mineral region,
will induce capitalists to invest and
buildup great cotton and wooden mills
and iron foundries. In few years
Austin will be the city of the South.
The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1891-11-19

The comptroller yesterday register.
ed $500 worth of the public school
bonds of the city of Burnet.
The revenue dep ,sits for the day
amounted to S120S.
The Railroad Commission.
The following classification rulings
were made yesterday by the commits
sion
Effective November 23-Authority
granted to the International and
Great Northern railroad to adopt
western classification committees rul-
ings dated Chicago, November s, 1891.
The above authority was also
granted to the East Line and
Red River and the Fort Worth and
Denver City roads.
The following amendatory tariff
circular was also issued:
CIRCULAR NO. 40-AMENDING COM
MODIFY TARIFF NO. 8.
| 1t is hereby ordered that commodity
tariff No. 3, adopted by the railroad
commission Of Texas Sept. l, 1891, and
effective Sept. %, 1891, be amended by
adding thereto the following eXcep-
ton, which shall become effective and
be in force on and after November "a,
1901:
Twelfth Exception. The rates on
lumber to Tyler from Trinity and
intermediate stations on the Inter
ternational and Great Northern rail
road, in force prior to commodity tariff
No. 3, are hereby restored for applica-
ton, except in cases where the mile
age rates prescribed in said commodity
tariff No. are lower.
State Land Office.
SALES.
j. \. Coleman, Tulia $40 acres in
Swisher county.
NJ. B. Grissom, Canyon City, GAO
acres in Randall county.
j. w. Baskin, Jewell, 100 acres in
Eastland county.
p. w. Thomson, Eagle Pass, 800
acres in Maverick county.
S. E. Willoughby, Timms City, 800
acres in Lipscomb county.
Thaddeus A. Hagee, Sherwood, so
acres in Irion county.
The total sales for the week
amounted to 23,036 acres.
During the past week 40, 41O acres
of the public free school lands, 1910
acres of the university lands and To-
$50 acres of the public domain have
been leased, making grand total OF
159,610 acres leased.
The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1891-11-19
CONSISTENT RAILROAD MANAGE
NEWT

UENI.
When the railroad commission law
was being discussed, and enacted, it
was heard stated on all sides that the
railroads were not and would not
fight it; that they would put no
impeachment in the way of the CON-
missioners testing the law fully and
fairly. The commissioners have now
been at work many months Investigate
ing therailroad condition ofTeXas, de-
termining the amount of freight car
ried, the mileage of transportation
and issuing schedule rates. 70 the
rulings of the commission there have
been objections, both by railroads
and shippers. The commission has
been memorialized, and in many in
stances its rulings, upon fuller hear
ing, have been modified. But when
ever it has issued its ultimatum
The STATESMAN has observed gem
eral and prompt acquiescence on the
part of the railroads and all others
concerned. This is as it should be.
The law should be given perfect eff
feet and force that its merits may be
absolutely tested.
Now, however, THE STATESMAN
wishes to call attention to one further
point. The commission has not as yet
covered the whole field of freightable
commodities, and it is claimed that
among such unscheduled articles eX-
cessive freight charges are found, and
that such tax is being made to bear
heavier on recognized commission
men, than on others. If this is so
then the commission has instant
ground for action. This charge, how
ever, certainly must be eXagger
ated; for The STATESMAN is
confident the railroads must
see the impolicy of such course anC
avoid it. Their argument in the past
has been that their freights were pred
icated on absolute equality ana upon
the necessities of their service. And
on this ground they declared they
were bounded with oppression when
it was proposed to cut intothose rates.
For them now in what cases are left
open to them, to ateinequality
of rates on the basis of friendship for
those who opposed the commission
cry, would be to strike at whatever
element of sympathy they before
sought to arouse. The people are
more than willing to deal fairly by
the railroads, and this article is writ
ten simply with the most friendly in
terest, to call attention to discrimi-
nation if any there exists, that the
railroads may promptly correct it at
their own volitiOn.
The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1891-11-19
DEPARTMENT OF EDUCATION.

Superintendent Carlisle was back at
his desk again yesterday, after brief
trip to North Texas, and was in re-
ceipt Of the following letter, which
will be of interest to all the teachers
of the state
Hon. ]. NJ. Carlisle State Superintendent Public
Instructions
DEAR SIR-At a recent session of
the executive committee of the Ma
tional Educational association it was
decided to hold the next meeting Of
the National Educational association
ut Saratoga Springs, \. Y, from July
- to 10, 1892, inclusi e. The council
will convene OH the Sth.
In behalf of the executive committee
q most cordial invitation is extended
to all the teachers and friends of edu-
cation in your state to attend this
meeting. You are respectfully re-
qucsted to see that few minutes time
be given at educational gatherings in
your state to present the claims and
objects of the National Educational
association. An early reply will
greatly oblige, yours most cordially,
II. w. STEVENSON,
Secretay.
The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1891-11-19
DEPARTMENT. DOINGS.
sUNREAMs sIFTED THROUGH THE
sAsHER AT THE STATE HOUSE.
Another Dam Scheme for Austin-EduCa'
tional-From The Comptroller-The
Railroad Commission
Lands.
[FRoM THURSDAYS DAILY.l
Department of State.

Yesterday was quite day in char
ters, the run ON the secretary of states
fall stock being even heavier than he
had expected. Charters were issued
as follows:
The Dallas Portrait company, in
corporated with capital stock of Sl5,-
900. Directors: Marion A. Pillsbury,
Edwin G. knight and Francis ID.
Hammond, all of Dallas.
The Galveston Red Snapper Fish
and Turtle company incorporated with
a capital stock of $4,000. Directors:
Thomas H. Sweeney, j. B. Woolford,
Chas. Fowler, H. Mosle and G. d.
Doll, all of Galveston.
The Running Water Land, Town,
site and Improvement company, in
corporated with capital stock Of
$4,000. Headquarters, Running
Water, Hale cnunty, Tex. Directors
c. c. Slaughter Of Dallas county
Dennis Rice and Geo. M. Slaughter o.
Running Water, Geo. c. Pendleton o.
Bell county and r. A. Knight Of De
Rapid, S. d.
The st. Peters chnrch, evangelical
at W est, Texas, Incorporated with nc
capital stock and with property val
ued at $500. Trustees: d. Blume, J
Lenschner and FIR. Jtschner.
The Austin Dam Street Railway
company, incorporated with capital
stock OF 500 900, is formed for the pur
pose Of acquiring by purchase anC
constructing, owning and operating
street railways in the city of Austin
Their place Of business is here anC
their business will be transacted by
six directors to be elected by the
stockholders annually, the first o
November in each year. The follow
ing stockholders have been declared
to be the directors for the first year:
VIM. Metzger and Clinton Smell, o
Clinton, ILL.,, Richard Smell, of Kansas
City, Mo-, and d. c. McMartin, Geo
Penn and II. M. Burns, of Austin.
The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1891-11-19

which will naturally follow upon the
completion of the dam. These are
the circumstances which actually sur
round the city. They are the result
of no boom. They are the outcome
no speculation. They indicate that
Austin is building up on solid founda-
lions, and there are no inflated values
to be taken into consideration. Aus
tin is the coming city, and the day of
triumph will not be long delayed.
The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1891-11-19

THE Salvation Army of Chicago
gave a grand reception to General
Ballington Booth, commander of the
United States troops, and La Marechal
Booth Clibbers, the beautiful young
commander of the French and Swiss
forces. 1t is quite the fashion to
laugh at the small detachments of the
Salvation Army which march and
sing in the smaller.towns, but it must
be remembered that their leader,
Gen. Booth, is a man who has had
something to say and has said it, and
that his book, "In Darkest England, +"
has been read by more people and has
created more stir in the world than
the "Darkest Africa" which. called it
forth.
The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1891-11-19

THE Laredo Times characterizes the
recent bull fights at New Laredo as
brutal and disgusting in the extreme.
The "wild bullsn that were to do the
fighting looked more like gentle old
work steers than anything else, and
each of them was tortured in the
most fiendish manner, but would not
fight. They were finally driven out,
bleeding from a hundred wounds,
and the revolving spectacle was de-
clared at an end. Any thoughtful
man would be afraid to trust himself,
if he carried many nickels in his
pocket, to the tender mercies of peo-
pie who could look on at such per-
Torrance and find pleasure in it.
The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1891-11-19

The Paris Herald is not inquisitive,
but it just wants to know. 1t has OBJ
served that $1,000 reward is offered for
each of the leaders in the Cass county
mob, and that various -blooded as
sassins al valued by the state at 5000
or $500, while many others are at large
without one dollar of reward set upon
their heads. The Herald, as well as
some other people, anxiously inquiries
"Why is this thus?"
The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1891-11-19

IT is said the Texas Worlds fair as
ISOLATION will probably secure the old
capitol at Columbia, and move it to
Chicago for the fair. 1t is tumble
down building, occupied by negroes.
The various old cabins that will be on
exhibition at Chicago will give the
exposition grounds the appearance of
"befo' de wah" negro quarter, very
much out Of repair. The STATESMAN
thinks the association should draw
the line just this side of moth-eaten
and bug-infested tenements.
The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1891-11-19

THE trial of Don Campbell for the
murder of A. D. Allibone, has just
been concluded at Fort Worth, result
ing in a verdict of not guilty. Allibone
wrote letters to Campbell's employers,
which caused his dismissal. Campbell
armed himself hunted up Allibone,
slapped him in the face, and as he
rose and started forward, killed him.
And now the Fort Worth Mail says
grimly: ut would be a great con-
venience to injured parties if jury
could be impanneled to detail a full
list of insults that justify the taking
of human life. Somebody, by acct
dent, will step over the line by and
bVD
The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1891-11-19
The Railroad Commission,

No new rates or tariffs were issued
yesterday. The annual report of the
Paris, Marshall Railway company,
called for by the commissioners a
short time since, was received yester-
day.
Up to the present time rates have
been made on the following commodi-
ties:
Wheat, corn, rye, barley, oats, bran,
mill feed, mill stuffs, hominy, grits,
hay, salt and flour and meal in sacks
or barrels. The rates given on the
above articles apply to car load lots or
less and are the only articles on which
less than car load rates have been
given.
Cotton in bales, compressed or I'M
compressed, the rate applying to one
bale as well rs to car loads; lumberlaths
shingles, fencing composed of wood
and wire, fence posts and piling; cot
ton seed and it's products; wood, coal
and coke; common brick, fire brick,
stone and sand.
State Land Office.
Yesterday was a big day in the
lease line, S0,S7l acres Of the free
school lands, 1850 acres of the uni
versity land, and 3S40 acres Of the
public domain being awarded.
SALES.
. }. G. Warren, Pecos City, $40 acres
4 in Ward county.
S. a. Elliott, Matador, 800 acres in
Motley county.
Thos. Shipp, Sand Rock, GAO acres
| il FOard county.
f. b. and w. f. Youngblood, Gail,
G40 acres in Borden county.
Ben T. Davis, La Plata, $40 acres in
Deaf Smith county.
Jacob Buttram, La Plata, $40 acres
in Deaf Smith county.
Robert Carr, La Plata, G4O acres in
Deaf Smith county.
NJ. E. Dunlap, Snyder, $50 acres in
SCurry county.