davidaulloa/AmericanStories huggingface dataset:
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1896-05-23
THE KATY'S NEW sCMEpI,LE-

Austin. Texas. May 2s.-Trayellng Pas
senser Agent Lawson Of the Katy was in
inc city today and from him It was
learned that n chang of schedule viii
iakc plac. on hts road next Sunday, the
.ith. whereby the Katy VIII make close
connection at Tnylor with the northhound
iiieinational night train which leaves
ran Antonio NJ $50 p. m. and Austin at
HIS y. IN. This will do away with the
long lay over at Taylor which has here
ioi0rc been great Inconvenience TO the
trANoling nnnllc
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1896-05-23

an" INV uaeViued TO put n fun county tickle, IN
.ne ned for county Officers. They olsn
So ana instructed delegates to the
,n,., a'I congt, ssional conventions. Je-
,pm,e Nearhy was Endorsed for COVER.
~ =" ~, Loekoi. attorney general, and
~, 49,, H. hent'y for congressman from tho
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1896-05-23
NEGLIGE SHIRTS.

lcaundorcd Collar and Cuff Nosligo
shirts. zoe and lhc
Madras nnd Zephyr Ncglisc shirts. with
ianndurrd 'alnrs md cuns. 81 40.
Manhattan Ncglige shirts, with Laun-
dero. Collars nni cuts, excluslNc pat
terms, $50
Manhattan rlaitci Bosnm Nosllg,
shirts, IN "lvgnut pattern Lnre stripe MAJ
'irNs, to wonr with White Collars. cuirs 10
match conn with shfa, sl5o. $500 and
s. So.
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1896-05-23
sroNEwALL COUNTY POLITICS.

naynor Texas. May 2o-Democratic pr'-
mnries Will be held on June 10 vote on
the financial question, ANA de,egates viii
also T.. r,ociel to the STATE aud congress
sional c0nv a;ion ,s,,.
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1896-05-23

Austin, Texas May 1.-THE hearing OF
complaint against the RIO Grande and
Eagle Pass Railroad company for alleged
uis,flmiuaton against coal shippers on
it's !nc So, FOR today by the railroad com
MISSION. was postponed until June 5. OWING
10 tho il'nrss Of some II the parties inter
cstrd.
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1896-05-23

ndlcnfc that the robbery Aas been going
on for moro ttnu month, There ~ very
iiiir dpuhi as 90 M" guilt OF some of thu
parties under arrest, MS some articles
tnown 20 have hDcu IA th'ir persecution
wcro found in the valise which was 10
covered
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1896-05-23
MAXINE INTELLIGENCE.

Por; Of Galveston. May ~
No arrivals or departures
Vessels in Port
To m. Parr N 90 SIS Alicia.
Up and Sailed.
:. Galcia, Hamburg. sd April %
s. RITA. Porto RICO. sid May :.
Bk j. a. Wright, Philadclph'a' AID May
s. I.cona. New York. SD May iG-
on sHIPBoARD Not CLEARED.
Bale.
o. ,i,oio Tivarn1ol ..................... i,pi.
q Be- liverpool Observation-Disclosures. 23sl
Mallory Inc, New Yorh......,..'.''...' '''
Total today ...,...,,,,,.''..'''.''. ,e e.,'
same day last year '..-...''''''' .'''''il'y'
RECEIPTS AND EXponTs.
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1896-05-23
NEW HuTcHlNs HOUSE.

~
IN Boyhen, Donison: w. II. Tohin
'IIs I'm N. l., Wyatt. New Orleans; IL.
,D Lei " PhsiIladelphia. j. ii. Bishop st.
s XII, '" ~ H. Mile, Dallas. {. q. Wilson
[lonsoe' d. na,j u, Hg,,k. Taylor; Frank l.e
E1iIs ss {, Weber, A. Monkey, Gus Lnnd'
XXI. h9ehs. Gus rreeky, William
f; s'.,s n Fritz NoMois. ". W. clark
k,sS te e,,, A. taEan, Den!son. q. $. fIoi-
Esllla a. a. H. u, P9rlgr Galveston. Mss
h. I cniteen. Mrs. q. Price. Dan NJ. Las
k,iSb Siaa,!yi,es'on: C. y Williamson, phlia-
,4 I'LL frei James. roluuhus. Texas. 7.
n Z D'I W.;san Antonio; H. u. Nash. Wac:
b McKnshhaer james I. Wood, Houston:
6i'yWsisn, Columbus. ". y. Coj,a,sav citv.
n, Nssammp, J y. Camp, Dallas. t. Zen
EsibNS,eI,wN Orleans, W wa Edwnr,is.
d c os' :; Eev. l.. Foard. Columbus: H.
6se i;s,rSNss,, LOUIS; Or. W +. Blunt ana
hrs T.s'on, james Thiobodsey, Texas.
= carrie Snmsnn linlvnatnn
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1896-05-23
TESTERS WEEKLY REPORT
sor,THWEsTERN UNIVERSITY.

Georgcown. Texas. May 2l.-Tne South
,.os,ern university commencement exer-
- lerin Nav > and vim last six days
srh, ionor graduates are j. q. Hardy;
lin este, and Misses Nellie Lockout ana
emma Brown.
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1896-05-23

Richmond Texas, May ~ Mr. Burgess
chnGid'tto FOR congress from this district.
the Tenth VIII srank here tomorrow
,ittf.
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1896-05-23
RrprcED RATES.

The Houston and Texas Central and the
International Roads
The Houston and Texas central an
uounc,s the following reduced rates;
For tho common emrnt ~ rcises state
Formal school. prairie View, double cni'as
fare for the round trip from Houston
Brcnham. Brcmond, and lnierme1.n'e
,Inne 4 and limited to June 4 Siame
r,trs To- characterization celebrations ON June
il and ~, limited to Junc q, rspnnir ,,n
ro',nd ,rtp on sale June S. ., 10. II a,nl 10,
anil gd' imiilcd TO June u; Baptist lonns
penple's union sunday school conyenllon'
a., a,i, limo % y and "A limited to june
% 81 Th'se iicket VIII be EXTENDED thirty
d,.vs Tor those desiring u 60 to Mexico
bv depositing ticket with JOINT agent at
San Antonio.
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1896-05-23

The international and Great Northern
announces an excursion TO Mexico hi''r
adjournment OF the coming Young
Peoples Society OF Christian Enn'nNot
Injecting in san Antonio, on June y az ~
a a9r sio.b "a 10 TO Monterrey for the summer
normal schools throughout ne ~ S' a. ,,.
for HE normas held at Austin. san m,
tonic and san Marcos. the lnterns , l,''.
valves the requirement 'hai my V'k ,,i,s
be sold aud tie rate IN ihesr casts WI"
auplv for less ihan that number
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1896-05-23

Colorea Lawn or Madras shield Ban
Bows. lsisc.
Nahhy STYLES club ties l?'sc
Summer SILK Neekwoar, CSC and l0c.
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1896-05-23
SUMMER PANTS.

Mons White puck rhnis sisN aud $500
Mems Linen Pants. 81 50
Mons Sarge and Wors,el Pants. sa.do
s. NJ and $500.
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1896-05-23

EARNINGS reported FOR ihe second week
cf May. compared with those of last year
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1896-05-23
SUMMER NECKWEAR.

s5c
MEMS White Lawn shield Bows, per
dozen. 95c
Mems colorcd Lawn SHIELD Bows, per
dozen soc.
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1896-05-23

at thu =
We ine!|
conntAt
+ Of th3
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1896-05-23
THE HOTELS.

|fHE LAwLoR-RATEs $3.50 AND 50
PER DAY JAMES LAWLOR. PRO
PRlETOR
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1896-05-23

utM'l|
| tesisogil
4 orNlo
|aad msl
b 6efi n
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\ Nshlt
hla, n. I q
The herald., 1896-06-12
THE SUPREME COURT
Two Opinions Received in This City for Filing
by the Clerk

Two supreme court opinions were re-
ceived at the office of the clerk in this
city yesterday for filing.
In the case of Edward w. Russell, plain
tiff and appellant, VS.. the Pacific Rail-
way company ct al, defendants and re-
spondents, and S. B. Clbb ct al, inter-
venors and appellants, the judgment of
the trial court is affirmed. The opinion
is written by Justice Temple, concurred
in by the full bench. This was an action
by plaintiff as judgment creditor in his
own behalf and for other creditors for the
appointment of a receiver and for the
sale of the property. A complaint in be-
half of numerous creditors in Illinois
was also filed, and later Judgment was
secured In Cook county, Illinois, which
was afterwards returned nulla bona.
Later a judgment was secured against
the company for S105S.4S, and a receiver
was duly appointed 1t was averred and
practically found that the corporation
was utterly insolvent, Judgment was
entered for defendants, and the interven-
ors having made fruitless application
for new trial, they appealed both from
the order refusing a new trial and from
the judgment. The court held that the
Illinois creditors had no standing as liti-
gants in the case, and hence the order
and judgment are affirmed.
In the case of the Southern Pacific
Railroad company, appellant, VS.. Paint
er administrator, etc, respondent, the
judgment and order are affirmed. The
opinion is written by Justice Harrison,
concurred in by Justices Garoutte, Tenn
pie and Henshaw. A dissenting opinion
is also filed by Justices Van Fleet and
Mcfarland. The defendant purchased
two sections of land from the railroad
company, on which he paid 20 per cent
of the purchase price. Later the United
States supreme court decided that the
plaintiff was not entitled to patent on
the land, and defendant refused to pay
more. Later suit was brought to en-
force the contract, and it was decided
against the defendant in the lower court,
| from which an appeal was taken, with
| the result above given.
The herald., 1896-06-12
]. Marion Brooks Suing for His
Attorneys Fee
WAS A SENSATIONAL CASE
lanes Frazier Saves Himself by Pleading &
Guilty to Petty Embezzlement
o,v.n . Small Pine or q Jail Sentence-An
Important Decision by Judge shaw.
General Court News

The case Of ]. Marion Brooks VS.. Mary
Shaw, a suit to recover attorney iees
of $40, 1000 and about $1,000 cash aoNanceu,
was on trial before Judge Van Dyke III
department four yesterday. Inc lee Is
claimed for defending Captain Sainuei
G. Smith against charge OF nlurue,' >
and it is alleged that the $4,000 was ad-
vanced during the trial and for prepar-
ing for it, Smith is an eccentric lnolVlu-
ual who has made San Diego ms heao-
quarters for some years past, salilnS out
of that port on little schooner whlch
he owned to various points. On the Noy
age Just before his arrest he sailed with
two boys, and on the way back became
enraged at one of them, George Neil.
over some trivial matter He assaulted
the lad with a hatchet, and then threw
his body overheard. The crime was VIII
messed by the other boy. When the Ves-
sci arrived in port Captain smith was
arrested. A diligent search was maze
for the body of the boy, but it was never
discovered. AS the murder was commit
ted on the high seas the case was tried
in the United States court. United
States Attorney Denis was first engaged
in the case but he was appointed TO MS
present position shortly after, ana j.:
Marion Brooks, at the request Oh
wealthy relatives of Captain smith,
among them being Mrs. Shaw, took 1t
up The case was very hotly contested,
but Smith was finally acquitted on the
plea of insanity. Smiths relatives then
repudiated the contract and suit was
instituted. At the trial yesterday George
j. Denis and Major Horace Bell testified
that the fee charged was reasonable
one and Mr.. Brooks succeeded in maxi
ing out prima facie case. The trial was
not concluded at the hour of adjourn =
ment and will be resumed before Judge
Van Dyke this morning.
The herald., 1896-06-12
For the Defendant

In the case of O'Connor VS.. the South
ern Pacific Railroad company, Judge
Shaw yesterday handed down the fol-
lowing opinion, which is of special in
terest at this time of railroad extension
in this immediate vicinity:
The only important point in this case
is the question whether or not the main
tenance and operation of an ordinary
steam railway along a public road or
street Is an additional burden upon the
land, use to which owner of the land
did not intend the highway should be
put when he made the dedication of the
land as public way. or is not legi-
innate use of the highway as SUCH
In the case of Morgan VS.. Southern
Pacific Railroad company. decided in
an opinion rendered March IA, 1895, in
this court and department, the same
question was involved and was decided
in the Affirmative; that is to say. that
such a railway does constitute an addi-
tional burden on the land.
That case was decided after careful
consideration and upon a thorough eX-
animation of the decisions on the sub
Ject in all the states of the Union. Fur
ther reflection on the subject has serv-
ed to confirm my mind in the conclus-
ions reached in that opinion. / am now
referred to two cases decided by the
supreme court of Illinois since the case
above mentioned was decided, which de-
cisions it is claimed are to the effect
that such steam railway is not an ad-
ditional burden. An examination of
those cases leaves me in doubt as to the
reason why the defendant has cited
them. The last case was decided on
May, 1895, and is the case of C. b. &. O.
K. r. Co. VS.. w. c. st. r. r. Co. (156 H.,
255; 40 N. E. Rep, 1929. The following
extract from the opinion in that case is
the only part of it bearing directly on
the question::
1.-THE permission to a street railway
The herald., 1896-06-12
PREPARING TO RATlFY
Committees Appointed to Engineer the q. o.
p. Rejoicing


p. Rejoicing
The executive committee Of fifteen ap-
pointed by the various Republican clubs
of the city, for the ratification of the
nominee of the Republican convention.
met at Judge Owens court room at 1850.
Frank Dominguez appeared before the
committee and rendered his resignation
as grand marshal of the parade for that
evening. M. G. Willard, the chairman
Of the meeting appointed the following
committees:
Committee on f1nance-G. L. Keefer,
chairman; D. p. Harrison. c. NJ Fair
banks, Conrad Scheerer, A. w. p. Kin
ney.
Committee on halls. speakers and
music-J. H. Martin. chairman; F. j.
Cressey, L. Gottschalk, F. Dominguez.
J. c. Cline.
Committee on parade-C. L. Strange,
chairman; H. G. Glaze. Thomas Strohm,
]. w. Barber w. S. Redding.
Committee on invitation and adver-
tising-G. w. Flemmirg, chairman; E.
A. Miller. ]. H. LIE Veen, L. E. Mosher,
p. H. Blades.
James w. Long was unanimously
elected grand marshal. Upon motion
Saturday evening, the 20th, was fixed as
the time for ratification and the commit
tee on halls was instructed to cYge sc
Hazards pavilion for that occasion.
The committee then adjourned to
meet again Monday evening at Judge
Morrison's court rooms.
Chairman of ratification committee,
M. G. Willard; secretary. A. B. Conrad.
The herald., 1896-06-12

company to lay its tracks on q street al
ready appropriated to public use Is not
the grant of the right to appropriate
an additional easement in the soil OF
the street; but the construction or the
street railroad is merely mode of facil-
itating existing travel Inc
street car carries along the street such
passengers as would otherwise be oblig-
ed to pass over 1t on foot or in other ve-
hicles, and therefore the burden impos-
ed upon the land under the street Is the
same in kind as was originally imposed
on it when the street was opened. A
steam railway. as ordinarily operated
adds a new servitude to the street, De-
cause it prevents the use of the street
in the usual modes and interferes with
and embarasses the usual modes OF
travel; whereas the ordinary street rail-
way furthers the original use or the
street by relieving the pressure OF local
travel"
This seems to me to be a very clear
statement of the doctrine opposed TO the
theory of the defendant. and of the rea-
sons on which that doctrine is founoeo'
and 1t is good authority for the plaintiif.
1t is in harmony with all previous decis-
ions in that state, where 1t has always
been held that such a steam railway
was an additional burden, and tnat
where the abutting owner owned the Zee
in the land occupied by the street he
could maintain an action for in1unc-
ton to restrain the construction OF the
railroad until he had been compensat-
ed for his property taken ana oannaseu
by the proposed road. In the present
case the plaintiff owns the fee, and the
case is directly in point in his favor.
The plaintiff is therefore entitled 70
an Injunction as prayed for and judg-
ment will be rendered accordingly.
The herald., 1896-06-12
It IS A NEW DEPARTURE
Manual Training Will Be in The
Public Schools
FOUR ROOMS AT THE START
Prof. Kunow, Late Of Throop, 10 Be In
Charge
The Board Of Education In Committee Of the
Whole Establishes the Old Salary
Schedule for Next Year

The board Of education in committee
of the whole last night discussed the
schedule OF teachers and janitors' sal
aries in the school department for the
coming year. There were present Di-
rectors Simonton. Grubb Garland. Bas-
sett, Pitman, Fulton, Kennedy and
President Hale.
Director Simonton presided Profess
sor Kunow, late of Throop institute,
Pasadena, was present to enlighten the
board upon the subject of manual train
ing i'll the local schools. 1t was the sem
timent that three rooms in the Spring
street school might be experimental
with in manual training next year. the
seventh, eighth and ninth grades to be
the beneficiaries of the proposed innova-
tion. This will give 1900 pupils an op-
portunity to take the new courses. Su-
perlntendent FOshay was in favor OF
one room being utilized in the high
school, and the other two rooms being
used at Spring street Pupils ofsboth
sexes will be eligible. Cooking and sew
ing classes are to be formed after time
for the girls. A motion for two rooms at
Spring street and one room at the high
school for manual training In the sew
enth eighth and ninth grades was made
and lost, the ways and means for in
Producing the system being finally left
to Superintendent Foshay. the commit
tee upon industrial education. and Pro-
fessor Kunow, with the provision that
four rooms shall be utilized at the start.
In the matter of salaries for next
year. Director Simonton was in favor
of a graded schedule, according to the
experience and ability of the teachers.
This theory was strongly combated by
other members of the board. Assistant
Superintendent Ennis told of the time
several years ago when graded salaries
were in vogue in Los Angeles, and the
idea was not at the time a success.
Superintendent Foshay argued for an
increase of pay for the faculty in the
high school, which were last year cut
down. Some of the teachers interested
have adopted strong resolutions upon
the subject. Director Fulton thought
that under the single gold standard the
present salaries are really higher than
they were formerly. The present sal
aries will be reported from top to bot
tom. After an attempt had been made
in increase the pay of Principal Housh
of the high school and had failed. by
vote of to 3. Director Grubb not voting.
The salary of Professor Kunow in
I charge of the proposed manual depart
ment is to be $40 per month, and his
assistants will receive S7750 month
The office of special writing teacher was
recommended to be abolished. to be.
however probably reported with the
old salary of $50 a month, at the begin
ming of the present school year.
The school at Vernon closes for the
season today.
The herald., 1896-06-12
GOT OFF WITH A FINE
James Frazier Pleads Guilty to Petty Embez-
zIemeut-A Jail Sentence

James Frazier, the trusted clerk of
James Smith, the dry goods man. de-
tected some weeks ago in robbing his
employer, was in department one be-
fore Judge Smith yesterday for trial.
Frazier disappointed everyone by plead
ing guilty to the charge of embeZzle-
ment, but claimed that the amount was
less than $40. which reduces the offense
to misdemeanor. On this plea Frazier
was sentenced to pay fine of 5000 or
spend 100 days in Jail, and accepted the
latter alternative. Frazier has already
been in Jail about three months, and this
with his sentence, will make his punish
ment six months Imprisonment.
All of the indications pointed to the
fact that Frazier had been systemati-
cally robbing his employer for some
months before he was discovered His
plan was to take small articles home
with him when he quit work, and this
rendered it practically impossible to con-
meet him with greater offense than that
to which he entered his plea of guilty.
The herald., 1896-06-12
Set for Hearing

Craigie Gordon yesterday appeared
before United States Commissioner Van
Dyke to answer a charge of violating
section 5429 of the United States statutes
relativ to printing or engraving any
obligation of the United States under
the similtude of any security under au-
thority of the United States with intent
to defraud." etc, and his examination
was set for Thursday next. Gordon
styles himself "waifmaster general"
and his scheme was set forth in detail
in The Herald Tuesday morning.
The herald., 1896-06-12
New Incorporatious

Articles Of Incorporation of the Bixby
Land company were filed with the coun-
ty clerk yesterday. The capital stock
is $500,000, divided into 5000 shares of
500, all of which has been subscribed, as
follows, the subscribers being the di-
rectors for the first year: Jonathan
Bixby, $124,500; Jonathan BiXy, trustee,
$2490 800; Lewelleyn Bixby s62, 500
Thomas Flint, S62, 800; Frank j. Captain,
Edward F. Dyer, 800 each. and George
II. Bixby, $500. The principal place of
business of the company is Los Ange-
les, and the corporation is to exist for
the period of fifty years.
The herald., 1896-06-12
Launching at Redondo

On Sunday next the new racing yacht
Defender, jr., will be launched into the
water at Redondo, the first event of the
kind at that resort This vessel is built
exactly on the lines Of the winner of the
international cup races, but of smaller
dimensions. Defender, jr, has length
over all of Al feet; length of keel IA feet;
beam, 10 feet; mast, As feet; main boom,
81 feet. She will carry 200 square feet
of canvas. The Southern California
railway will run excursions on that day
to Redondo at 9:05 and 10 a m. and /: 80
and $50 pm. Fare for the round trip,
20 cents
The herald., 1896-06-12
Found Her Child

An incorrigible mulatto girl about Is
years old was captured last evening by
her mother, who came up from Downey
to find her wayward offspring war
rant had been issued for the girls ar
rest, and when the parent found her
child she turned her over to Officer Hen
derson at the corner of First and Vine
streets, who sent her to the police sta
ton for safe keeping. Her name was
refused by the authorities, and she was
not booked.
The herald., 1896-06-12

The Agricultural Ditch and Water
company yesterday instituted suit
against L. w. Houghton and a number
of other defendants praying for judg-
ment and decree of the court declaring
that the plaintiff is the owner of 500
inches of water Of the new San Gabriel
river, measured under four-inch pres
sure, and that the defendants have no
right to any waters other than the sur
plus. and that each of them be debarred
from asserting any claim to the waters
adverse to the plaintiff.
The herald., 1896-06-12
Condemnation Proceedings

The case of the Southern California
Railway company VS.. Charles Legge ct
al. was on trial during the greater part
of yesterday, but was not concluded at
the hour of adjournment. This is a suit
for the condemnation of certain lands
at Pasadena for right of way proceed
ings. The owners of the property want
$4,000 for the property which the COM
pany is not disposed to give.
The herald., 1896-06-12
To Quiet Title

Annette Thaxter has sued Wheeler NJ.
Inglis and William H. Inglis to quiet
title to a certain strip of land lying
alongside of the northeast quarter of the
southwest quarter of section 2S, in town.
ship south, range 13 west S. B. M, and
the east half of the east half of the
southwest quarter of the southwest
quarter of section 2S, township south,
range 13 west, S. B. NJ.
The herald., 1896-06-12
IOTTINGS

Money to loan-The State Loan and Trust
company is prepared to make mortgage
loans on improved inside real estate. 1t
transacts general banking business and
pays interest on time deposits. Open also
Saturday evening from to Sp. m.
The herald., 1896-06-12
Divorces Granted

Judge Smith yesterday relieved the
monotony of the criminal business of
department one by trying a couple of
divorce suits. Mrs. M. B. Goldenson
was granted a divorce from W. H. Gold
enson on the ground of desertion, and
A. M. Mckenzie was divorced from Ira
M. Mckenzie on the ground of failure to
provide. Both cases went by default.
The herald., 1896-06-12
The Pomona Injunction Suit

The case of Linnastruth and Rose VS..
the Southern Pacific Railroad company,
petition for an injunction to restrain
the Southern Pacific Railroad company
from proceeding with the construction
of it's track along White avenue, in the
city of Pomona, which has been on trial
before Judge York for the past two days,
was yesterday argued and submitted.