Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1891-10-25
SUPREME COURT.
DECISIONS RENDERED AT THE
TYLER SITTING.
The Celebrated Case of II. S. Garfield vs..
Walter Gresham Afiirmed-The Re
porter Legally Imprisoned.

II. s. Garfield VS.. Walter Gresham ct al.
from Travis. |. This suit was instituted
by appellant against fifty-siX members OF
the Twentieth legislature and the sergeant
ut arms. j. G. Carr, TO recover damages
for unlawful and malicious imprisonment.
The proof shows that appellant was re-
porter of the San Antonio Express who
was allowed the usual privileges of the
press by said legislature. That appellant
published and caused to be published de-
famatory and slanderous letters concerning
the habits, appearance ana manner OF the
members. such as would he calculated 10
bring said members into public odium, in
fanny and Iidicuie. That because of said
publication the legislature refused appel
liant the courtesies Of the press and refused
to allow him to remain In the Legislative
chambers. That when appellant attempted
TO enter he was notified thai he could not
do so by the sergeant 1t arms. who took
him by the arm and told him he could not
enter. Whereupou appellant caused the
speaker. the Hon: George G. Pendleton
and the sergeant at arms to be arrested
for an assault upOn him, which defendants
allc"e was done to obStruct the proceed
iugs of the legislature. That said appelices
together with their colleagues, then
caused appellant 10 be imprisoned for forty
eight hours for being guilty of con-
tempt. The court charged in
part as follows: ''There are no
facts in evidence, which show the act of
the house of representatives in holding
plaintiff guilty OF contempt and impriSon-
ing him to have been void, and the defend
ants. who are members Of said body, can
not be held to respond in damages for their
votes in adiudging the plaintiff gully of
contempt. and ordering him committed
therefor The writ was legal justifica-
ton of defendant Carr in imprisoniug
plaintiff. You will return YOUR verdict in
III. .l-F, -I.t
was for defendants. Held: The charge
and verdict are both correct. The house
had Enthusiastically the right to determine
whether or not the acts of appellant We're
an obstruction to its proceedings within
tue meaning of the constitution. Art 3,
Sec. II, and having so5determiued, to i'm
prison him as he was. The command of
the house protected the sergeant alarms.
Affirmed. Henry, J.
F. NJ. He nry vs.. W. L. Whitaker et!al.;
from Bowie. Trespass 10 try title. /. An
affidavit as TO the loss of 4 deed can be made
by an attorney in the case who IS cogniZant
of the facts, as well as the party himself.
? Even if the running of the statute was
not interrupted ~ the fling Of the original
petition, il was interrupted oy the fling OF
the first amended original petition. s. The
evidence showed the value of the rents Of
the land in controversy, but the court IN
MS HnuiitE ulti Nob lilti Iii ill Oh ILLS !SSuS
Held: Plaintiffs iarpellees) should have
directed the attention of the court below to
this matter Failing to do this, we are con-
strained TO hold that they cannot be heard
to complain in this court. Affirmed.
Henry. j.
ST. Edwards College VS.. A. Z. Morris,
tax collector: from Travis. l. This suit
w.s instituted by appellant to enjoin the
sale OF certain alleged property of st. Ed
wards college. It is Shown that St. Ed
wards college situated on a tract OF land
embracing 499 acres, all belonging to said
college; that the buildings and grounds
actually occupied and in use by appellant
for the use Of the school proper embraces
about five acres of ground; that about l6O
acres is in a state of cultivation, embracing
an orchard, garden, etc, and the remainder
OF the land was a pasture; the farm was
stocked with horses. mules, cattle and hogs;
the stock was USED for cultivating tine land
and in keeping up and sustaining the
school; the produce Of the farm, garden,
etc, was Ised to feed the stock, as well as
tee pupils, the school being boarding
school and the students paying stipulated
board. No produce or stock was sold for
profit, but was used to supply the boarding
table OF the school. The pasture was used
for pssruring stock. The court sustained