The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1896-06-27
FROM THE STATE CAPITAL.
Hathaway Case Reversed on Account
of Lack Of Evidence.
FORMER DECISIONS ARE OvFRRULED.



criminal appeals today reversed the Hath.
away case on account of errors In the
charge and insufficiency Of evidence I,
support the indictments. ON the question
OF the constltutiono,ty of the antitrust
law ON which IL decision was sought In
tbs case. the court held that 1t was not
necessary to pass, but indicated that 1t
thought the law was all r.ghl. Hathaway
Is M agent OF the Waters Pierce OIL COM
runy Tried at Waco last fall on II charge
OF Violating tho ant!.trust law Uiid COLI
v,ei'd ana hnod by the district court of
McI.cnuun county, and who has been in
iai for ahont SIX mouths awaiting the re-
sNlt Of an appeal The case went OF to-
d"N az hundreds of ,ascs have done he
fore and The decision therein ISN'T worth
IA cent rs u precedent.
Anvthcr case. thut OF 1seech VS., tho
state. from Tariunt. affirmed by the court
NJ criminal appeals today, Is more s,g-
niiicant IN so far as the court holds thut
III. legislature has no power to confer jul
ris'ilction III state cases upon city courts.
ItNch WAS convicted OF carrying con-
cens'd Weapons ~ the city court of Fort
Worth and hnod Subsequently he vas
ARIA gned IN the State courts and pendet
former Jeopardy, hut vsis convicted. and
as stated above. HIS case was affirmed ON :
appeal, which amounts 10 double con-
Nieiion for the same oflcnsc.
In The Cnse of Cline vs. the State, from
Comrades. tho court has also gone out of
It's way TO reverse prccedcnis 10y con-
slro.ng lt'ciu'ly and as an original propo-
SIT on that provision In hin OF rights
TINT tho defendant 'shall be confronted
with the witnesses against him." In the
face of It's own construction and that OF
the courts OF other States for years back.
t'hno's cause has he-n reversed because
the wupeSs for the prosecution is dead In
spite of the fact that defendant was cpu-
frcnted with Inn nt the examining trial
and the court holds that his evidence
given On that occns'on N mot admissible
now because he Is no longer on earth TO
face the defendant, although two OF de-
tsrdan;'a uccompiices are now III tho
pen,ientisry. having m'en sent there by
the same kind of evidence which the
court nav holds to he inadm.sslblN
there are at least twenty five men In tho
peniten,tury who should be liberated. aa
of testimony as the court refuses to rccog.
nlsH IN The Cl1un case.
The TYLER DRILL.
Adiuiant Generals office. state OF
Texas. Austin. June -,-circular--It -
dceincd host to have company mcss at tho
Tyler cnruupnont and ARRANGEMENTS
VIII he made by this office to tia, eLd.
Contracts viii he made by this depart
ment wherein the articles of subsistence
must he Turn shed AT a certain pricr and
hc located at convenient places Those
prices viii be obtained 10y bids and tho
lowest bidders viii be awarded the con-
tract. isnf TO gst the lowest prices the
various contractors must he promised the
49,, ,.,',,, 81 W 49, ''''Nt'
w" . may n'''' 49,, .....,,
sui,si,ntial ,,,,tnea ~ ,opa 'ii, a." ' 10y
Tor.
The price per dry for subsistence ought
not to exceed n, cents p..rt man.
Every organization must lh,ng ,hoir own
cook aud walters aa they can not he oh
t"lh''i VA lE'f lhrse VIII ne IN ul'iofnl.
80 as to sin'ute transportation, and be
l'rhunru as rhi. ~ IN" company wh"n
'ol"iNl'i" 'l " h'ni' ior s''lh 'ta,nNppr'at'pH.
u - ocsr"d' VI II u" possible, Tor every
company 20 1lrfy WIN them 'he'r tn'lo