davidaulloa/AmericanStories huggingface dataset:
The herald., 1898-03-25
|STRATTON PRIMARILY
Is LAID ON THE SHELF WITH
OTHER CURIos
|iT HAS WHEELS IN ITS HEAD
The Candid Legislature Promised to
Violate the Constitution and
Performed It's Promise
Associated Press Special Wire

AS9OClaISQ 1EoBS 6pCSAos 'sss~
SAN FRANCISCO, March M.-The su-
preme court today decided that the STRAIT
ton primary law was unconstitutional Ihe
decision was written by Justice Garoutte
and concurred in by all the justices except
Beatty, who is out Of town.
The primary law first became matter
of legal contention in the superior court
of Tulare, where Charles A. Spier sought
to restrain the board Of SUPERVISORS from
proceeding under the provisions OF the act.
The constitutionality Of the law was at
tackled, but Judge Gray upheld 1t. An ap-
peal was then taken to the supreme court.
The case was argued few weeks ago. l.
v. Gator appearing for Charles A. Spier
and Senator F. S. Stratton, the author OF
the law, representing the opposition. The
principal point at issue was that the title
of the bill contained more than one sub
ject. The title declared it an act ITO regu-
late primaries and for other pur-
poses."
The supreme court says: 1.-The act Is en-
titled An Act Providing for Several Pri-
mary Elections Within the State of Cali
fornia, and to Promote the Purity Thereof
by Regulating the Conduct Thereof, and to
Support the Privileges of Free Suffrage
Thereat by Prohibiting Certain Acts and
Practices in Relation Thereto, and Pro-
vide for the Punishment Thereof, and for
Other Purposes
"A provision Of the state constitution
provides: Every act shall embrace but one
subject, which shall be expressed in its
title; but II any subject shall be embraced
in an act which shall not be expressed in It's
title, such act shall be void only as to 80
much thereof as shall not be expressed in
its title (Page "a, article IV.)
Let us test the title of this act in the
crucibIe furnished by the foregoing pro-
visions Of the constitution. The legislature
in framing this title was, above all things,
candid. Upon its very face. the law-mak-
ing power challenged the policy of this pro-
vision of the constitution. and, avowedly
of this act was the creating of primary
election law and other purposes
"Under the cloak of other purposes all
and every conceivable kind of legislation
could hide and thrive in the body of the
act, and thus the constitutional provisions
would be set at naught. In this state when
these words. other purposes are found in
the title of an act Of the state legislature
they accomplish nothing, and in reading the
title our eyes are closed to them. We then
have before us. tested by its title, an act
dealing solely with general primary elec-
tions, and providing penalties for violating
the law relating thereto. Any matters OF
legislation contained in the body of the act
not bearing upon primary elections must go
out: the constitutional provision quoted 40
declares. Measuring the legislation found
in the act by this test, very many provis-
ions have no place there. 1t would seem the
legislature, in using the words, for other
purposes, in the title, used these words ad-
The herald., 1898-03-25
FOREIGN FLASHES

Chas. B. Wright, one Of the best known
railroad men and financiers of the city,
died yesterday at Philadelphia. aged 76
years.
Rev. DR.. o. H. Emerson. one Of the best
known clergymen Of the Universalist de-
nomination. died at Salem. Mass, yester-
day, aged rs years.
Sir Chih Chen, the Chinese minister,
paid a hurried visit to the English foreign
office last evening and remained there
three quarters of an hour.
The executive council Of the American
Bankers association has decided to hold
the next annual convention at Denver, the
date to be as near September 1st as con-
venient.
The Italian chamber of deputies has ac-
cepted Signor francesca Crispis resigna-
tion Of his seat, rendered after the adoption
of the committees report recommending
political censure" for his connection with
the Bank Of Naples scandals during his
premiership.
The St. Petersburg correspondent Of the
London Daily Telegraph says: All oahsses
Of the Russian army reserve hays been
warned to hold themselves in readiness to
be summoned for service and on account
of the difficulties in Corea 1t has been de-
cided to dispatch to East Asia a corps ef
so 900 men of the first line of reserves.
Sixty Japanese lborers arrived at San
Francisco yesterday on the City of PueblA
from Victoria, B. c. They all had certif-
Gates from the United States commissioner
Of immigration at that port emitting them
to land in this country. but investigation
by Commissioner North and his deputies
showed that these immigrants are Of the
same class as those recently deported from
San Francisco. For this reason he decides
to detain the Japanese and wired 70 Wa1As
ington. for tnstxuctious< 4
The herald., 1898-03-25

the. second lins OF defense The Boston
men win be sent ON board when the mon
itors Catskin and Lehigh arrive, and the
New Yorkers may proceed to Philadelphia
and take their two ships around.
A naval officer will be in command OF
each monitor. and under him will be naval
militia officers and sufficient seamen from
each organisation to give the ships their
compliments. Instructions have also been
sent to the western organizations to hold
themselves In readiness for transportation
to the east, where they will be sent aboard
auxiliaries. and. with what regular sailors
can be procured, are to comprise the crews.
Illinois and Ohio have large, well-drilled
militia organizations. and these will be
first drawn on.
A DIVERS DECISION
LONDON, March 2.-The Vienna corre-
spondent of the Chronicle says: "Bau-
mann. diver engaged byth United States
to examine the wreck of the Maine. has
written to his parents In Dresden, stating
that the vessel was undoubtedly exploded
by the Spaniards by means Of submarine
mine, in proof of which he points out that
the gunpowder, dynamite and other ex.
plosives in the magazine were found on the
wreck quite intact.
INSURGENT ACTIVITY
HAVANA, March 2.-The insurgents
have destroyed with dynamite a culvert OF
the railroad near Aguacate. interruptine
communication with that place.
WAR INSURANCE
LONDON, March A.-Business was done
at Lloyds today in war risks to cover spec
ulative accounts 10 guineas per cent being
paid against war being declared between
Spain and the United States during the six
months.
The Standard this morning, commenting
editorially upon the cabled extracts of Sen
ator Thurston's speech In the United States
senate yesterday, severely censures IL as q
fragrant example of the recklessness OF
American politicians in goading the Span
ish people to war.
MADRID ADVICES
MADRID, March 24.-The government
denies that there is any question Of send.
ing fresh reinforcements to Cuba.
Ell Nacional publishes letter from Gen
Gomez to Gen. Blanco, refusing proposals
that he should make submission.
HARBOR DEFENSES
SAN DIEGO, Cal, March N-Col Jas
NJ. Moore, assistant quartermaster gener
al. U. S. A.. and chief quartermaster OF the
department of California arrived today
from San Francisco. This officers visi
here is on public business pertaining to the
mounting of guns on Ballast point. Fort,
thousand pounds of ammunition for thu
guns arrived today
The herald., 1898-03-25

visedly and In good faith lived up to them
fully. For the legislation found In section
after section Of the act can md no just1fca-
ton In It's title, save under those words Of
boundless meaning, for other purposes
when tested In the crucibles furnished
by these provisions Of the organic law, the
whole act must give way. as failing to
meet the requirements there laid down.
The primary election provided for In the
present act Is an election authorised by
law under the foregoing provisions Of the
constitution. This must be so. for the law
Is q mandatory law. II has been directly
decided to be an election referred to in the
constitution. (Marsh VS.. Supervisors. III
Cal. 36S.) 1t must be an election under this
provision of the constitution. or the legis-
lature would have no power to provide that
money should be taken from the state and
county treasures to pay the expenses Of
conducting It. The validity of any taxa
tion looking toward the raising Of money
for such purposes Is made absolutely void
II the election provided for by the act is
not an election recognized by and referred
to In this constitutional provision. These
things being true, the legislature has no
power to deprive any citizen of the state
who falls within the requirements demand
ed by the section of the constitution quoted
from voting at an election provided for by
this act. In this country the right to vote
II recognized as one of the highest privi-
leges of the citizen. It is so recognized, not
only by the citizen, but by the law, and any
infringement by legislative power on that
right, as granted by the constitution, Is
idle legislation. If the legislature, by this
act, has deprived citizens of the right to
participate in the elections therein provid-
ed, who are qualified to participate under
the consttution-aye. even If the iegisla-
ture has deprived one citizen so qualified
Of such right-the act Is void, as an at
tempted exercise of power 1t does not pos
sess.'
The herald., 1898-03-25

Sailors and Short back Sailors, all the styles Soc up
Velvet Roses bunch &c. Roses endless variety, 15e bunch
Valley Fowess bufnt shades 25c
Bets the latest IDEAL soc bunch ed O Wings up.
The herald., 1898-03-25
A Supposed Wreck

SAN FRANCISCO, March A-At a late
hour tonight rockets were sent up and COL
ored lights burned by vessel in distress
of Point Reyes. The signals were seen by
the members of the life-saving crew at that
point who at once put off in their boat for
the scene of the supposed wreck. The men
at the lighthouse at once notified the Mer-
chants exchange in this city that there had
apparently been another marine disaster,
and the tug Vigilant was sent up the coast
In response to the call for aid. There is at
present no means of learning the name Of
the vessel. That it is in great distress seems
evident from the fact that nearly a dozen
signal rockets were sent up in quick sue
cession.
The herald., 1898-03-25
NAVAL MILITIA
Called Into Action for the First
Time

BOSTON, March PA dispatch to the
Herald from Washington says: For the
first time the militia is called into service
and the governors of Massachusetts and
New York are requested to direct their
naval militia to assume charge of the
monitors assigned yesterday for the pro-
lection of the harbors of Boston and New
York in conjunction with the land fortifi-
cations. The orders sent to Governor VOL
cot of Massachusetts and Governor Black
of New York, for transmission to the COM
harding officers of the naval and militia
inform them that they will be directed to
assume charge of the two monitors as
signed = onch Of those states to assist in
The herald., 1898-03-25
AT HAVANA
Maine Officers Leave for Washington
on Saturday

HAVANA, March 24.-Orders to return
home were received this afternoon by
Captain Sissbee and other officers of the
Maine now here, and all will go north ex-
cept Lieutenant Commander Wainwright.
Chaplain Chadwick will so with the Off
GERS. Lieutenant Commander Wainwright,
who will remain in charge of the wreckins
operations, will have his quarters, as now.
on the Fern. Captain Sigsbee and his
The herald., 1898-03-25
The Indian Plague

BOMBAY, March A.-There were 1883
deaths from the plague during the past
week.
The herald., 1898-03-25
New York Journal.

We have been todnde told day twotha Ps
feelings
Evening March 4organ Patriotism
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1898-05-13

SCREENS, SCREENS, Twenty four page
catalogue Of designs and valuable inforina-
iiop free. Dallas Screen company. Dallas,
Texas $40
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1898-05-13
WEATHER AND CROPS.

Sterling City. Sterling County, Texas, May
9--lhe rain commenced falling early this
morning and continues TO fall at this hour "a
p. M. From every appearance 1t Is a gem
erii rain, extending all over the county. Cat
tie In the county are looking splendid; none
dying
Hutto. Williamson County, Texas, May IL
Fine rains have fallen and good season Is
in TIE ground. Corn is good. Cotton is q
little late owing to cool weather. The heavy
rals did little damage to oats. which are me.
Missouri City Fort Bend County, Texas,
May 1.-THE rain OF the last few days has
bsea very beneficial to crops, Some land was
too hard and dry to plant. The crops are
very much behind in this section. but are
looking well Oats are about ready to cut
ana promise good yield. One farmer claims
tina; he will make seyenty-ive bushels per
acre.
12-Captain Tom Montgomery came In yes
terdas from Crosby county: ne reports !.
very dry winter and spring In his locality OF
the Panhandle, but recently some heavy rains
have fallen as far as 100 miles west of Chii-
dress Captain Montgomery Is en- route TO
Western Texas. where he viii receiva go
head OF yearlngs sent over the trail TO MS
Crosby county ranch. - "a
The drouth was broken yesterday ana last
night by 4is-iuch rain, which was general
over the county. Tanks that have been cry
for year were tlled. ana stockmen are sinli-
ing as we'll as the farmers. . - ~,
Ennis. Ellis County, Texas, May lZ.-Ihe
farmers are preparing for the harvest OF the
small grain crop The acreage Is rather snort
In this section, but the yield VIII be compare
lively good. -
Mckinney, Collin County, Texas, May
1O.-A big rain fell here last night and to-
day, which, with last weeks rains, leaves
sufficient season in the ground to Keep
crops thriving several weeks without rain
Some damage was done to fences ana
bridges in the county.
Cisco. Eastland County Texas, May ~
This section has been visited by the pest
rain for nine months: some portions OF the
county have had sufficient rains. oul TINS
immediate portion has suffered for water.
the water works being unable to operate
for several months but now everything IN
dcates good crops and better feeling is
m anifasfed by all
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1898-05-13

LADIES and gentlemen of good address to
eansass; good salary. Harper n Co., ao'ss
Main. IL
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1898-05-13
[IIII!I!I1IElt,

Primary, Secondary or Tertiary Syphilis
permanently cured In Is to 50 days You eau
be treated at home for the same price under
same guaranty. II you prefer to come here
we will contract to pay railroad fare and hotel
bills, and no charge. II we fail to cure. II you
have taken mercury. iodide potash. and still
have aches and pains, Mucuous Patches IN
mouth, Sore Throat, Pimples, Copper Colored
Spots, Ulcers on any part Of the body. Hair
or Eyebrows falling out. II is this Syphihtc
BLOOD POISON that We guarantee TO cure.
We solicit the most obstinate cases and chal-
lenge the world for case We can not cure.
This disease has always baffed the skill Of
the most eminent physicians; $5Ooooo capital
proofs sent sealed on application. Address
COOK REMEDY CO..
DOT Masonic Building. Chicago.
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1898-05-13

YOUNG MAN, % YEARS OF age. quick at ng-
ures, desires position OF any Kind thto
years experience az shoe clerk. left last
employer OF own accord. references. Address
Alabaman, this office. Id
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1898-05-13

YOUNG MAN. " years OF age. who desires
position OF any kind ten years experience
as bartender mas good references. Address
Quick this office. ID
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1898-05-13


He to the
they have com ished wonders
nerd
II enjoy
Fronh fst i
Of romed and 1t
print II this lee
OIL get
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1898-05-13
ID CITY NEWS ITEMS.
|hiou Of Two of the Dead Naval
Officers.
Ivy SUIT FOR LAND FILED.
.n seven Thousand Acres In
:, genL COunty-Ln Porte
sued for Hack Taxes.

lion, Texas, May 12.-Breckenridge
~.
class and room mates at An
Ina both died in the service of their
pm Kentucky, the other from North
hung and full Of the vigor Of man
N every prospect OF advancement
u.
Eusign Breckenridge was drowned
torpedo boat Cushing last Feb
was Ensign Bagley who was APP
BY the navy department to escort
ms TO Kentucky. The men were
attached to each other. They
IN the same class and the one
the other.
LOST his life yesterday In the Car
M Oh board the torpedo boat
There are many in Galveston
with genuine sorrow read the de-
Is death.
Ne battleship Texas first visited
pagley was on board. He was q
Inc fellow, fayorite in society
Icted by his men. There are sew
4 IN this city whore he has Wis
Bagley was executive officer
torpedo boat Winslow. He was
Ild and was appointed to the nasal
from North Carolina in 1889,
with honors in the class of 1896.
det at sea he made an excellent
was appointed executive officer
tslow because of his GOODNESS and
al the special request Of Lieuten-
ndou, who commanded the vessel.
when the Winslow was coming
New York she was caught in
the Atlantic. While the sea
hest, off the starboard bow of the
coal barge with three men gu
sighted. Bagley and two seamen
Of their lives boarded a small
escued the men. For this act OF
received a letter of praise and
ton from the secretary OF tho
other times in his brief sea CO.
IS been honOrably mentioned for
lior.
Iss a grandson OF General Worth
arolina and was connected with
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1898-05-13

aid digestion wonderfully because they vii,
dtGcst the food promptly before 1t has time "a
iisrment and sour. and the weak stomach re-
licvec and assisted IN this way soon becomes
strong and vigorous again
stuarts Dyspepsia Tablets are superior ia
any secret patent medicines because YOU
KNOW what you arc taking into your stomach.
TheS are sold by druggists everywhere al
~ per package. Write Il. a. Stuart Co.,
Marshall, Mich, for book on stomach dis.
cases. mailed free.
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1898-05-13
"A WORKOUT FAD,
, $3.50
spring Medicines" "Blood Puri-
1lers,' and "Tonics" an Old
fashioned Idea.

inre blood, strong nerves and muscles. firm
th na uesn. can only come from wholesome
.oou wen digested. Blood purifiers, and
r,,. eshu tonic DO not reach the cause of The
nisch,ei. The stomach is the point ia he
i. after The safest and surost way "a
e eurs any form OF Indigestion is to take afte,
s ssVI meal some harmless preparation of this
hlsu; composed OF vegetable essences. pure
lepsin. golden seal and fruit salts, sold bv
TmiItt .sts uncer name of stunrts Dysnepsia
iahiets, and theee tablets. taken after meals
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1898-05-13

wANTED--Intclilgont refined white rlri dc.
sircs place as nurse or companion In family
going to California; best references given.
Address Roma. this office Ii
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1898-05-13

A LADY will live with small, pleasant
family as help; moderate wages Address
26g6, this Office. l5
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1898-05-13

VANrED--To exchange lots in business part
fof La Porte. Texas, for horse. buggy and
harness. Apply room a25. Bins bulldinE, *
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1898-05-13
TED IN THE BAY.

4'' belonging TO Contractor
were treated to an invol-
'ne waters of the bay at
'wenty-second street this
rreund is unloading soil
Willie at that point and
~, who, by the way, was
Sacked the horse and cart
sse OF the barge and into
4, harness was cut and tho
s sas schooner George Locke,
e a block and tackle
hue .as animal hoisted from
~, asii an hours hard work.
NJ i's bath. The cart was
NE driver disappeared i'm
'ne mishap and has not
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1898-05-13

WANTED--Work IN nice family by young
lady needing work ard homn no objection
TO country. can do all kinds OF work Call
at 1913 Hutchlns street. rs
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1898-05-13

a NKEAD aud cake bakcr wants situation
Address G. Clelss. Gcrmana house, Preston
Avenue n
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1898-05-13
ing ALLEGATION.

~ are heading the move.
0nument to the late N.
,s 49, they are opposed to
M IN a political way.
WIS WIS committee gave the
mem Sa printed in The Post,
ntir,s'srs say he does not
ibu,ssn !, Of the committee.
iun eS the amount stated
Rues sa, out politics viii not
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1898-05-13
PROFESSIONAL.

DEFECTIVE AGDNcy-Trained detectives
furnished for civil snd criminal investiga-
sions at reasonable rates For further par
ticulars address James AccAne. DOB w,
Hous.on. Tezas 4
NUNSON 4 MUNSON. Lawyers.W. D.
Nunnon Houston. and III. 8: Auneon.
II. Angleton. Texas. Perpona attention
10 land litigation. examining titles. har;
IA and Brazoria ccuntie1 2
:. 8. COTTON . BRO. Fire la.urases Assasl
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1898-05-13

WANTED--Two experienced waist hands,
three skirt makers, Ru apprentice; come
prepared TO work. Miss l.. Donahor il5is
Main street 10
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1898-05-13

HYPNOTISM, exact science, comprehensive,
lessons; understanding natural law destroys
superstition. Cure your companions nerves,
liquor, morphine. other habits. Invariably
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1898-05-13

SPECIAL PRICE LlST-SLits cleaned anu
pressed a; 81; pants 500; suits dyed. 81 20
to So pants, .5c, ut the Houston steam Dye
works. ia Travis street; special attention
plNen to country Oruera. u