El Paso daily herald. (El Paso, Tex.) 1881-1901, 1897-08-28

80 II Z8 y
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Cupid and MammOn.
ooh, hear my plea'' the lover cried,
"And if you do not yield.
I'll pull my freight direct and straight
For Klondike's frozen field.
Mayhap in that bleak atmosphere
I'll perish with the cold,
Or yet / may come back some day
With barrels full of gold"
$50 get the gold," she said, 'and
You've got it, tackle me again.
Mamie Freeman is street walker
that is becoming little too prominent
in police circles. She has been locked
up several times, but was caught this
morning at six o'clock and will be
given "a long sentence for some of her
filthy and heastly acts She is wo-
man who has apparently seen better
DAYS, but has now sunk into the deep
est depths of degradation and is now
past the stage where she has either
shame or any of the finer feelings
above the animal kind One hundred
DAYS Will pIODdUly US uOi SOhCOaSO 'AOh
her last offence against decency.
The Mexican Central people expect
to get train through by tomorrow.
For over two weeks there mas been no
through train on that road.
An important decision has just been
rendered by u Texas court that covers
the situation in Ell PasO as we'll Us all
other incOI pOraJeo cities IN TeXas.
The case was in Limestone county on u
writ OF mandamus IN which the county
attorney Wanted tie recOrder 10
charge up county attorney lees IN all
Grimm al cases That Were tried In his
court when such cases were violation
of the state law. The Cases covered
are such as unlawluily Carrying a
pistol, uirk OF otLer deadly weapons;
as are a vocation OF the sYaLe law and
the CT " ordinances. The case In full IL
as follows reported from COrSicana:
County Attorney Lewis Carpenter,
Recorder Chris kuvX, CIlyAttOrney Ell
Gibson and Attorney Lee Jester re-
turned from GrUe,beeck this morning,
where they went Monday 10 present to
District Judge l.. &. COBB the applica-
tion OF County Attorney Carpenter Tor
HUdm OhC SA1y ASSOi
er 20 recognize the county attorney as
the representative OF the state IN prose-
utions in the Recorders court wnere
parties are charged with violations Of
penal code. Juoge CODb gave special
hearing in the court last night, and for
Two hOu. the legal points IN the Case
were presented aud discussed by tine
counsel, Mr.. Lee Jester appearing for
The applicant, and MessIs Giosou ana
Knox representing the Guys 1nier-
e,t5.
The question raised by the pleadings
of the complainant involves The rig MT
uf tee county attorney to appear in The
recorders conrt of the city OF Corsi-
cana AID prosecute all parties who are
accused vi the violation vi city Ordl-
nance which Is also named as an O1enSe
IN the penal code of the state, the
county attorney claiming That the state
Is parJy to such suit and tnat he as
such officer has r1g0t and 1T is mad
MS duty by the constitution and the
laws of The state 10 appear and repre-
sent the state in the county and ali In
ierior courts. 1t Was further contend
ed hat the recorder's court is an infe-
riOr court of The sia:e. Inc fact being
as claims The county attorney, IN st u
city should adopt as among lis ordl-
dances certain articles OF the peha
code of the state, would not aDrOgaLe
The state law WITHIN the territorial Inn
its of the city, and any prosecution for
the vlOlalion of such Jaw, no matter
before what court, SO long AS IL was
with jurisusctlOn, would be prOsecu-
zion to which The StaJe was party.
Fne state being party, the county at
tOrney under the cOnstl tutlon mas
ri yht to represent the state and cole CT
tn fees the refOr.
1T is lot question of jurisdiction or
the power 10 hear anu determine d
case. L. is rather question of the
right of the county attorney to repre-
sent the state before the county and
all Inferior courts.
''R. s., artlc 4O5 of the general char.
ter law uLder which COrslcana Oper-
att s, provides that the city recorder
shall be ex-officio justice OF the peace,
and he shall POSSESS and execute In the
city In criminal cas-, all powers and
duties of such Officer" exc. 1t Was
conteL id that criminal cases" as
contradistins uished from city ordi-
o. pol &C regulations mean
such act and omission as are in VIOLA
ton OF the pubic laws OF the state and
not to Violations of local ordinances
made for the internal police and gov
ernment OF the CITY. In Try Jag ''cr,m-
court and tries state cases. Ii such De
tn case the recent decision OF Harris
county vs.. Stewart b. Justice Blown
Of the supreme court is decisive of the
that the coun attorney
has d right to appear and represent the
sta e anu COLLEGE The fees thei e.or.
''otripped of all It's compile IT ,ons, the |
propo5 tiOn which tEe county attorney |
was that CITY coun ii eau |
not oy adopting a city ordinance, which |
IS also IA part of The penal code OF the |
state defeat the county attorney OF his |
right and duty to prose
cute sucn c4s1s and collect his lees |
,he refor. There were other questions |
'aised, but those mtnt!oned are the |
)nes upon which Mr.. Carpenter pins !
lIs faith.
The city recorder claims that when
lie tries such cases he tries them as |
rotations of the city ordinance ana not !