davidaulloa/AmericanStories huggingface dataset:
The Brownsville daily herald. [volume] (Brownsville, Tex.) 1897-1910, 1905-10-27

finds the statute mandatory and
the positive right Hereunder de-
MED, adding: If it was not ir2-
portant for jurors to possess the
qualifications prescribed the legis-
lations prescribed, the legislators
wasted their time in so enacting.
The question of the importance of
the right to the defendant is not a
matter for judicial determination;
that has already been decided by
the legislature, and, the defendant
having been denied positive legal
right, suffered an injury which en-
titles it to a reversal of this judg-
ment.
Another feature is embraced in
the opinion and it is Judge
Browns language referring to
assignment OF error that the court S
charge was negative, that is, in
stating that if the engineer failed
to keep sharp lookout and failed
to have his train under control as
he approached the meeting point,
then it was negligence. Judge
Brown says the charge was correct
and adds: This question has
been presented to this court so
frequently of late that it suggests
the propriety of calling attention
of the bar to the following cases
upon which the objection is based:
Railway Company VS.. Mccoy. 90
Tex. 264; Railway Company VS..
Rowland, Id. sos; and Culpepper
VS.. I. &. G. N, Id. 265."
The Brownsville daily herald. [volume] (Brownsville, Tex.) 1897-1910, 1905-10-27
POLL TAX DECISION.
Supreme Court Says Failure to Pay Dis
qualities Jurors.

Austin, Tex, Oct. 24.-The SUI
preme court rendered a most i'm
portant opinion yesterday morning
holding that the failure to pay poll
tax disquali6es a person for jury
service. It was in the case of San
Antonio and Arkansas Pass Railway
Company VS.. Joseph L. Lester, in
which the road had been held for
$40, 900 damages for personal in
juries to Lester, who was an en-
gineer and jumped from his engine
when a collision was inevitable. A
caboose standing on the main line
failed to have its cupola lights
burning and no flagman was sent
back.
The railroad company objected
to four of the jurors because they
had not paid their poll tax and the
objection was overruled, the court
permitting them to sit on the
ground that the mixed population
of Bexar county, where 7402 per-
sons had paid poll tax, and the
three district courts in session,
necessitated the using of said per-
sons for jury service as they could
read and write the English Ian
g ge.
The court, through Justice Brown,
then states that the court below
contended that it could dispense
with the qualifications under the
circumstances, and sets out article
3139, revised statutes. which says
the tax must be paid, except where
it is made to appear that sufficient
jurors who have paid the tax can
not be found in the county.
Judge Brown writes that the
court below appears to think it dis
cretionary as to dispensing with
the statutory requirement and add:
If the statute did authorize such
action by a judge it would amount
to suspension of the law in Bexar
county and would be void under
article l, section IS, of the consti-
tuition. which provides: No power
of suspending the laws in this state
shall be exercised except by the
legislature. ."
Judge Brown said if it had been
made to appear" that the re-
quisite number of jurors could not
have been secured then the require
ment could have dispensed with,
but that alone.
Referring to the district judges
statement of mixed population in
Bexar county and the fact that
but few thereof understand the Eng
ligh language, Judge Bro Xn wrote.
The reasons assigned by the dis
trict judge would have appealed
strongly to the legislature to exempt
Bexar county from the operation
of the law, but they do not make
it appear that a sufficient number
of jurors could not be found to Try
that case -
The point is made that the rail-
road suffered an injury from the
service of the jurors, bat the court
The Brownsville daily herald. [volume] (Brownsville, Tex.) 1897-1910, 1905-10-27

The mistress of certain uptown
boarding house is noted among
her boarders as much for her en-
tertaining conversational powers
as for the fine table she sets.
Nevertheless, she is something of
a Mrs. Malaprop, and occasionally
severely tries the politeness of her
listeners by the peculiar breaks"
she makes. They had women
under discussion at the table the
other night, some of the boarders
expressing a preference for slender
figures and some favoring embon-
point. Il like a good plump
woman, said the boarding house
mistress; none of these thin
emaEcipated women for me. -
Philadelphia Record.
The Brownsville daily herald. [volume] (Brownsville, Tex.) 1897-1910, 1905-10-27

Old newspapers for sale here.
The Brownsville daily herald. [volume] (Brownsville, Tex.) 1897-1910, 1905-10-27

OUR FUNDS are protected in a
6re-proof vault and by the
best safes to be obtained; and are
further covered by insurance
against burglary or daylight rob-
berry. Our officers are under bond
in the best surety companies.
People who intrust their money
to bank have right to know its
financial strength. We recognize
this right and will cheerfully fur
nish any depositor statement of
our condition any day in the year.
Absolute safety is the best thing
we have to offer, and upon this ba-
sis your account is solicited.
~ ~
Okolona messenger. (Okolona, Miss.) 1900-current, 1905-11-08


whatever bad effect The publication has had in
Germany.
Representatives Of its passenger depaFtment have
received circular letter caiing upon them to gath
GermRns who have settled in that section The task
will not be dificult Thongh the Germans are less
numerous il the South than In portions OF the North
there is not o Southern State IN which Germany is
not represented by thOnsands OF thrifty and pros
porous Ctix1nH.
German aerChants are making M0ney in every
Southern city. Truck gardeners and dairymen Of
German origin are more Numerous than any others
in the snburbs OF most OF these cties the Northern
markets are0argely eupphed with the vegetables
they raise. German farmers are numerous, as are
German teachers and professional men. In many
vocatiOns Germans have contributed freely to the
progress OF that section.
There was q very considerable immiggation Of
Germans to Texas iuet before sDd GfteFth0 annexa
to the UniOn. New Br0anfes, the COart house
town Of Coral County and the madel town OF Texas,
was laid Outand settled by German COiOny Ia 1S45
so many Germans settled d0 Austin Comfy about
THE same time thatup to recent date considers
BILE potion Of the inhabtants spoke that language.
At the close Of the Civil War there were perhap
dozen Texas counties ia which Germans were &C.
much geema native AMoEiCans, and many have
gone there since.
Probably in no other American city have German
merchants attained greater prominence and influence
than In Charleston to which as to other parts Of
South OorOlina there was = considerable GeomaD
immigration IS early as the period immediately fol-
lowing the Revolutionary War. Before the Civil
wara wealthy German philanthropistof OF Charleston
Mr1Wagner, fOdnded in the northwest part Of the
State colony 81 Germane at place be named
Walhaa on account Of ita delightful salubrity in1
the foothills Of the Blue Ridge Mountains. Il was
the German merchants OF Charleston who led the
ricecOast end Of the movements which resulted inI
the expulsion Of che carpet Dagger and he election
Of Wade HamptOn TOR .GOvernOr ID 1876. Contrary
TO the general impression, there is more German
than Huguenot blood In South Carolina.
In the present forward movement Of the GOuth
the incoming Of Germannis earnestly desired, they
the people Of Gcadinavian origin being preferred to
I'll others likely to come. The testimony Of those
already there ought efectually to disposed of the
absurdly slander0us story cabIed from New York.
Okolona messenger. (Okolona, Miss.) 1900-current, 1905-11-08

reasonably speedy and reasonably sure" as the
president Gays; puts premium on crime, including
the crime Of lynching The abNses ii the praCtice
Of law, Ore than in the Law itseIf the endless de-
lays and tnnumerable technicattes that strip jue-
ce OF ts teTrOrs to cviIdOers and often defeat it all
tcgcther, ere strictly within the power Of 6he law
yers to remedy, and dts code M ethics % well as the
higher cede Of public policy and patriotism make
manifest their moral obligation to nee their power
for the public good rather than for private profit.
Besides the exasperating niceties and hairsplttIng
oechnicaaes in which the re merits OF the average
case ere buried andforgOttOn are nthe loOg delays
u justiCe the abuses Of the pardoning poWer' the
slQggisbness with which every court or attorney
moves; ell Of those things count in bringing about
the condition OF affairs against which ell u ms must
protest..
A pretty severe arrangement, isn't it, to come
from the mouth OF the President Of the United
Gtatoa The reputable newspapers ell over the
country dong ago recognized e fact that the great
est menace to society," politically and commercaIly,
aCiees from the sOwness and 8axity Of the law, and
they are doing their par1weN ia arousing public
senttmeBt to the point Of action. But when the
chief executive OF the nation arragns the lawyers In
such blunt, vigorous terms, sNrelys it is Mme for
them TO do their plain duty. This cannot escape.
the responsibility, and the gitare to meet It may
gone day cause the pendulum Of popular resentment
against them to swing to extremes.
The presidents ideas, that society be given at
east even chance with the Criminaf In the courts
recalls the story Of the case In which 4he defendantS
lawyer qneted the questionable maxim. 'sTt 10 bet
ter that nnety nine guilty pers0ns should escape
than that enc innOceut man be puniehedn The
attorney Eeplied= .sYes, but the
ninety nina have already escaped; let us get this
one.v
Okolona messenger. (Okolona, Miss.) 1900-current, 1905-11-08

passing phrase and that the limitations are strict
One view is that women have 30 stepped into the
places 81 men that the adoption Of masculine vices
haa been inevitable, but they beleye this only tenn
lpornry.
The e1cuae given. whatever might BE- jts validity
merely as an excuse, Is hardly sustained by the
facts. Admitting the incnlCatiOI and growth 81 the
practices, and that 70 certain extent women have
taken the places 6 men, the pEactfCeR DO not obtain
among the women who have a0nght the new fields 0i
endaaVOT They are busy and useful women, With
sOmethihg dedplte 70 aceQmplieh. Their novel du.
ties do not suggest lQupr tobacco or TIE laying ol
Wagers. For enCh induleencee they lark timo innli
nation and means: They are n0tattEaoted by dissi
patton, and their sporting pEocllvitae a rule afe
followed 20 The utmost when they BET box of cigars
against box ~ gloves, relying npcn gallantry u
release them from payment u they lose.
There mnyb be certain club women Who fan Into
their brOthers' habits as way ol showing their in
dependence, and proving that they live ID "a atmoSs
phere q odvanced thought The average club W.
man, however, has serious purpose, 0t persuadeS
herself che has, and ar from tanctonipg pyity
" conduct on the part 81 her own eek hopes rs aids
In its intellectual and material development. Tue
womnn'e club cd0r0us Of smoke and With tie cllnk
ol glasses min9uR with the rattle 81 TIE chine may
exist somewhere, but re1peclahility g0Wned 81 pan
would look 81 Il asknncc. This clnb|
would Be ca iar 90 possible from typical. Woman
hood in general could not DO WEIGHED bg &c. nor|
much hurt by II Tor Il would hc5 have a1a6eIaiIlb
With II.
There are women who arp'vefy rich, aud whose
one duty ~ 81 kill time, ThGfesk h81omee 6noror
and recourao ig had 20 Anything that promises novel
". n they smoke or drink It "a Tor ite6h ntns.
lion, and a they gamble they ar6 hiIIarlne away
which they haYe emeny Mat they represent d
|hem no value. Their conduct r. 81 some npor
lance to themrslvsa b il haf IS direct h6kr|nt un
en tte opnaoot q 0e countless lhor1nud1 81 c|utn.
snSaesdin bueInet ID humble labor ot TIE 1II
desirable lolee afforded by doueel'1|
Okolona messenger. (Okolona, Miss.) 1900-current, 1905-11-08
OUR IDLE WOMEN.

RS. Russell Sage fears for the fu-
ture Of American women BY fea-
roD Of their tendency to smoke,
drink and gamble. Well known
matsOns Of New York, interviewed
ON the subject, generally declined
TO share IN the views 81 Mrs. Sage
Some lf them admitted thaD the
customs mentioned do exist, and
are growing. They contend how
ever, that they represent hnt 3
Okolona messenger. (Okolona, Miss.) 1900-current, 1905-11-08

One Of the most interesting cases to be tried III
the Circuit Court at Clarksdae this week is that Of
George F. Bellamy against the Y. & M. v. r. e.
GO. Mr.. Bellamy is the deputy chancery clerk of
1nat county and was passenger on defendant's
train. He alleges that negroes usurped his seat.
and when be called the conductors attention to IT,
that the conductor refused to aeeign them 10 their
proper coach, and ssr. Bellamy was forced to No
main standing the greater part Of the trip he sues
Ior 30, This is probably the first case involving
tne eeperate coach law for the races occurring III
Mississippi in many years. and will be watched With
interest
Okolona messenger. (Okolona, Miss.) 1900-current, 1905-11-08

Il is true that wage-eaFners and bread winners a
every sort have better reason to be content ia the
mild Southern climate, where earnings are not con
sumed n hard battle against severes Of the wealth
er, and where Open.air existence IL conductive 60
bodily and me1tal health, as well an to enjoyment
OF life.
Okolona messenger. (Okolona, Miss.) 1900-current, 1905-11-08

With the big river on one side and the Gull of
Mexico on the other, Mississippi IL about ~ mari
time state as any other In the Union. She win
show her interest In salt water and The American
navy that hOats on II by giving costly silver SER
vice 70 the great battleship which bears her name
Governor Vardaman puts II neatly in saying that
the gift should be one Of which the batleship viii
be as proud as the State is Of the ship.
Okolona messenger. (Okolona, Miss.) 1900-current, 1905-11-08

No bird, beast or creeping thing viii touch
castor OIL plant Il seems to be rank poison to alI
animals. Even Q goat viii etarve before bitsne o1
leaf, and horse will sniH at it and tufn up his
upper lip a. though It had the most detestabIe odor
on the face Of the earth. Locust will pass It by.
though they may eat every other green tBInR IN
sight, and there is no surer way 70 drive moles
sway from lawn than to plant few castor beans
here and there.
Okolona messenger. (Okolona, Miss.) 1900-current, 1905-11-08

More important than the partly successful revolt
which Presidsnt Roosvers press-gag order has
caused among the members Of the Cabinet Is the
absolute silence with respect oT the treaty which
Great Britain has negotiated with Cuba contrary 20
the terms upon which we gave Cuba independence.
The Platt amendment to the Cuban Constitution
prohibits any such arrangement with foreign Pow
err and have the national and international right
to enforce the prohibition. II s in fact the dnty
Of the administration In Washington to enforce IT,
or at lease to notify Great Brtan that the proposed
tresty would disturb settlements made BY the
United States IS the result Of costly war. It
would noS be agreeable to Americans, nor safe, to
have foreign naval stations commanding the en-
has lifted finger to prevent it, no word Of It's ac
tiOn has been made public. IL this.a part OF the
new policy Of administrative secrecy, Is the Gov
ernment ct Washinkto really in active,
Okolona messenger. (Okolona, Miss.) 1900-current, 1905-11-08

II isn't easy 70 look into Southern neWspaper
these days without seeing something about to1 ~
booming and organizations % promote the safsa
Every town Of consequences ia the Southwest has tho
organization and the boom, and IL IL much the same
ii the Southeast
Okolona messenger. (Okolona, Miss.) 1900-current, 1905-11-08

Some old maids claim that the crowded condition
fthe wOmanss departments Cf The insane asylums
proves that husbands are mean Not necessarily
The records show that abont 10 per cent Of tho
women patients ore old maids
Okolona messenger. (Okolona, Miss.) 1900-current, 1905-11-08

The French Minister Of war IL not above sailing
mp ID drigible balloon, doubtless To Outdo our own
daring Mr.. Roosevelt Who dekmed it mt beneath
him TO descend IN adiving boat. But Mr.. Roose-
velts high ride on the wings Of the dove Of peacs
heats even lhe french Minister'S War exploit.
Okolona messenger. (Okolona, Miss.) 1900-current, 1905-11-08

Report comes from China that i've 1Iissonariea
have been murdered. Thou shalt not kfls ~ y
commandment that miesionaries might wei tsarh
the heathen before lheg attenpt anythine Sls1
Okolona messenger. (Okolona, Miss.) 1900-current, 1905-11-08

Miguel Gomez in1iefn that Uncle Sam onfht IS
take hand - NE Cuban situation. Il looks 4
Uncls Sam Wopld get tired 6lling the ~ u N,s
nuEse alter while.
Okolona messenger. (Okolona, Miss.) 1900-current, 1905-11-08
GERMANS IN THE SOUTH.

n absurd story cabled from New
Yolk and published in . widely
circulated newspaper Of Berlin, ad-
vising Germans not to migrate to
the Southern States, s.as they are
forced to work with revolvers and
are treated worse than slaves"
has moved one Ot the great railroad
systems Of the South, keenly In.
teregted in Sonthern development,
Okolona messenger. (Okolona, Miss.) 1900-current, 1905-11-08
ROOSEVELT ON LAWYERS,

N President ROOsevelt,D addtesa at
Little Rock he put the chief resp0n-
sibility for lynchtngs where IL just
" belOnge upon the lawyers.
The lawyers as : rule control the
legislatures witch make tho laws
and the fact thet the law fe not
Okolona messenger. (Okolona, Miss.) 1900-current, 1905-11-08

All the signs point TO the fact that the unexam.
pied prosperity Of the United States 10 assured at
least until far into 1906. Next TO tine crops, the
GuFest barometer OF industrial prosperity s the iron
and steel trade, and the commercial agencies report
arushing business Ia these industries with enough
orders for future delivery to strain the capacity Of
the mills until the middle Of next summer. The job
befs In every line Of trade are overwhelmed with
lArgeorders and manuiacturere are more prosperous
thaA ever before. Labor circIes are quiet and are
likely to remain 90 in view Of the high wages being
phid and the strong demand not only for skilled
wOrkmen, but Tor all classes Of labor. The only
clOud on the horizon Of prosperity and happiness
e the lack Of safcient transportation facilities TO
move the crops and handle the unprecedented in
teFna commerce Of the country. The railroads are
spending millions for new cars and better equip,
ment, and the large systems especially going In
No debit in some instances to the extent Of @6O,OOO
OeO, In the ebert to meet the enormous demands
that are being made upon them. The leading rail
read managers recognize the imperative need d bet
ter service for the public and they are doing every
everything in their power TO meet It, with an abd
ing faith that the sober sense Of the American peo
pie will not cOantenance any radical effort to cripple
ofdestroy the prosperity Of the ralrOads which is
inAissolubly liaked with that Of the shippers.
Okolona messenger. (Okolona, Miss.) 1900-current, 1905-11-08

miss ell this. And perhaps be isn'tEO Be % much
epvied, after all.
Okolona messenger. (Okolona, Miss.) 1900-current, 1905-11-08

The run on the Trenton trust company ended
without the slightest injury to the perfectly eOvent
Institution. Il was caused by an idle rumOr started
by some unfuddIed individual In saloon. Many
rms on banks have had . similarly trivial origin.
Some months ego policeman and crowd Of peO-
pe collected the steps Of Of the WllkesB
eavings banks to escape the rain.. Two Hungarian
depOsltors who were passing Jumped to the cOnclu
sion that the bank had been attacked By burglars,
and circulated the news ID the Hungarian col
oy, with the result that when the bank opened for
business many Polish, Hungarian and italian de-
pOsiborb made rum upon it. They we're promptly
paid end when the bank closed the run Was oyer.
h the history Of bank rnns Mere written IL would
present many amusing IS well as pathetic ieaturss
Not long since 90 inexperienced depositOr happened
o. be present at the counter Of bank Wheh large
check cashed for another person IN the regular
course Of business. The nervous depesitOr imag-
ined that the money was drawn from the bank be-
cause the payee thought the institution was unsafe,
and forthwith Confded his suspicion to others,
causing foolish the institution, but without
lisaatrOus results Doubtless many other instances
could be recalled to show how ligbtheaded persons
lake counsel Of their fears In such cases. isstead Of
onsultpg those who could give correct information
nd restOte confidence.
Okolona messenger. (Okolona, Miss.) 1900-current, 1905-11-08
THE COMPETITOROF THE PANAMA CANAL

An. - HE Panama Canal viii have cOmpe.
76zan titionin the world Cf tomorrow
another route win makeIAn effort 70
91aNjAk " secure the immense tonnage pass.
ERNIk ing between the Atlantic and pa
Az't ISL Ia IL Ci6c. The Mexican Government,
Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-08-01
Funeral of E. J. Bowling.

Funeral services will be held this after
noon at O'Clock over the remains OF the
late 4. ]. bowling. whose death occurred
last Sunday. The ceremonies will be at the
late residence of the deceased, 100 Sth
street northeast. and interpent will be in
Rock Creek cemetery. The pallbearers will
be selected from his friends and fellow
members of the Grand Army of the Re-
public.
Mr.. Bowling was member of Company
d. I'd United States Artillery. and was af-
tiliated with Lincoln Post. No. J. G. A. r.
delegation of members of Lincoln Post.
under the command OF George w. Honey,
commander of Lincoln Post. n. 3. G. A. r.,
Department of the Potomac, will attend the
services. Besides being quartermaster of
Lincoln Post, Mr.. Bowling had been for
many years actively identified in Grand
Army Circles in the District.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-08-01
No German Syndicate After Coal Area

LONDON August 1-Questioned further
in the house of commons today on the re-
ports of the purchase of coal area in
South Wales by German syndicate, Pre-
mier Balfour again stated that, SO far as
the government was aware, there was no
German syndicate in treaty for any area
containing steam coal used by the British
navy.
Should the necessity arise to prevent any
foreign syndicate obtaining control of such
an area. he said, the government would
proposed a modification of the law debar-
ring foreigners from holding real property
considered necessary for the defense of
Great Britain or for the interests of the
army or navy.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-08-01
BUTCHERS IN SESSION.
Plans for Formation Of a New Organi-
cation.

GRAND RAPIDS, Mich. August 1.-The
necessary steps toward the organization of
a United National Association of Butch
ers were taken here today when the Mas
ter Butchers Association of America and
the National Meat Dealers Association each
held meetings to wind up their affairs.
Each association formally voted to dis
band, and the formal organization of the
united association will follow later today
w. j. King of Grand Rapids will act as
temporary chairman of the convention and
j. M Bowditch of Grand Rapids as tenn
porary secretary. L. f. Beckham of Massa-
chusetts has been chosen chairman of
the credentials committee, and Charles
Hart of Connecticut as chairman of the
committee on constitution and bylaws.
In an address at the first session today
Mr.. Killing urged the necessity of organizing
against the so-called meat trust. and advo-
Gated establishing small packing houses on
an independent basis.