The Times-Picayune from New Orleans, Louisiana • Page 11

0 pECOND -o 1 to 14. PARTSECOND Pjs 1 1 to 14. NEW ORLEANS. TUESDAY, JUNE 15. 1897.

142. COMMENT IN MISSISSIPPI. '7rW the Peniog of jp Aw Working rnijf' Proposed Local OpUn Election. (Jjatlemen Who Signed the for an Election rsffcslr Name Erased The 2f Ifews Wants a of tie Capital Takeu. il'KSAC.

reet. 9: wy opp it are binding every effort to prevent the proposed local -tioa. Tbe board of supervisors WBBldrlng: the petition for an i Trill meet on June 21 and finally Ji8 sufficiency of such petition. Uoa HHJat contain, one-cblrd of e4 TOter of the county before 1 can order an election. L3dertood that at a conference Vletdlfl prohibitionists.

iid the Temperance I'nioa an agre-S readied for the Issuance of an ty tlM W. T. U. appealing to jbTtiDl tfee petition asking (fjeetloo to wittidraw Lhelr names. to purge myself of fearful Said.

well-known citizen laeoaTtrsation with several of his 1 ttmt?" aslted a member "Why," he -said. "I 8bli Mimo Off tiie petition asklug for election In this county. You see, filial when I signed It what 1 'fl sever Intended to vote to 14,0011 la thta town. Tbey told gavo the people the right to rnetion. It never occurred peroons who did not Intend should not lgn such in.

I did not stop to think that 1 tJig tb; "board of supervisors to election which would not only Uipayem lot of money; that probably breed strife; that was ited bathe Interest of the wbUky Jackson, some of whom expect a saloons It tbey can carry tbe i. lad who. It Is daid. have called -sal llqwor dealers In the other ti eotttrlbnte a fund to help caiTx dot this fair capital city with aalooiM for my boy and beisedoced into and pe-itiaps 1 tlroad to a drunkard's grave. that the right of petition -I.

Tbey did not ask me to vote i. bat to sign tb petition, and ile, say at me poll whether or ant saloons. I did not stop to I should have -replied that -who want the saloons and Tbo-wllf- rropeo them auoh, A petition. If I bad woald Jiave been, on less iklog board of sapervlaoni it possible to have anoOuer x-tloa. here In this county, with strife and expeiwe.

both private, and I would not then 1 to do wfaat I Intend to do, take -isott tbe petition." one voice two of the men who spoke up and en id they petition, never with a ill tboarbt of voting to reopen the 4 na tMt tbey. too. would have times Striken off. They all agreed t4 thoughtlessly done an evil I. tad tnj said tbat tbey were not ts rest- eon ten In simply purging vi of tbe Indiscretion, were to atom for it by seeing if they lud some others who had done bad.

Without tbe remote! idi i for saloons. 'The Idea." aald liatn, 'that Hinds county is to aver and over again on tbls Jast to gratify the interest of dilsrs who work up the a petl--'tbey ean seH whlaky. and that 3 been raoght In such a trap as petition asking for an election. i ars oppod to nloom, melees lJed of myself. Tfce election md on my nrme and your.

5 tas eoonty shiuld be carried by "'S people, aided by the campaign 1 -JraUaed by the wholesale liquor say that you and I. al-r TOte against the alxns at the st leant partly rfponsl- rortBglBj iSie saloons back, because stble to hold the ejection the boarl of upervlors it 3 th election. No sir. no ipan fr'JJrV'pit petition who does not and who does not lu- 4 'r tlleai at tQe lf 1U m1- Krery mau who Is the saloon, evory man who 4 i "PTSjo every nmri who loves s-" J1 Wife and rtreide. every i riMt he hopes to see 2 awuiw?" name and a comfort to i-l who lovea peace --i "rife, every mnu who cP'tal city hi sMtP.

tr-x nJ prwperity. ita tow- 1 nt i nd niagnlflcent school. 2t take his name oft" the 4 but he should have others h.v Kn should and must deep with om ballots. la beld. that we wiM n.w jTwitn thw.

question again for Dave eoniethiug else U. svr ix- t. wr Season and Hinds rmintT a Privilege of running wno af'te this frous eiectlon to an- 011 W01. ent them by ifwbo Kpt back by 7 li-e "teeo 'nT. to rPtai'' bere lf they ri'e Pr.vUion fr taking -r Th, council has J'V Wk ler an act passed It is lm- ThrViXe be beajTa J.

it It sbonld ''meraT th" Uit'- Brides t0 Jackson fpw months 14 LlV' "ourh- were 4 taknTai bad a 1 an increase government In put-1 UkiT tKa" wM1 n1t cot WJne thS iltjr- nd Th' fe1erai census tha J'ry and a "kipped. It aia do 't thoroughly. Even if OOOOOOOOOOQ JDorden milk. rTJEI CuOCtCSCS Milk Ca. MV 3000QOOOOO It would be money well The cltT fathers should think tnl Proposition and decide to have nc.

It is an important matter and should be attended to. The United Sbatea land office' In this ty is In receipt of a decision rendered June 11 by Commissioner Hermann, of Un1 office, restoring to the pumic domain and opening to entrv under ttie homestead iawa nearly C4 of Public tend ln Harrison county. These lands were embraced In No- by tbe Gulf Islnl Railroad Company July fit. which list was rejected by the local land office here. Tbe company appealed, since when these lands bave remained suspended from entry and stood as a cendlmr clnlm iniiino In the general land office.

i now ueld by the commisalouer that tbe filing by the company of list No. 7 on Jan. 23. 1897. (which list was approved by the local office), wherein it wa stated tbat "thla list and selection Is Hied In lieu of ail Indemnity selections and lists now pending are unadjusted, all of which rhof b.ij in4.mnu i are hereby withdrawn," operates as a wirti- uianat ui me company appeal rrom the rejection of this list by the local office, and the appeal is dismissed.

For the Information and convenience of t'je people Registrar Wllaon has sent i list of ttie lands subjected" to entry by this decision to the county clerk of Harrison county, at Mississippi City. Ttiia decision in no way Injures tbe Gulf and Walp Island Railroad, for, as appears by the decision, the company relinquished their claim on the lands embraced In this list on Jan. 23. 1S07. selecting other lands in lieu thereof.

The Vleksburg Post, discussing the cap-Itol abortion, points out the necessity of two robust political parties In tbe state, and predicts that ln the fullness of time that result will eventuate. "It looks very much like." aays the Post, "there has developed inside the party lines an administration and an anti-administration faction. It has been in process of development for some time, and the recent event at Jackson intensified rather than produced this condition of affairs. With no political adversary in the state, of sufficient proportions to be regarded as formidable. It is to be expected that there will be issues and contests of some sort Inside of the lines of the Democratic party.

In the history of the party there has not been 'so distinctly as at present an administration and an anti-administration faction. In the days when the Lamar and Barksdale wings straggled for the mastery in the party, there was no open attack upon the state administration, and the fights for party supremacy wer made on tactical political methous and somewhat on the lines of personal preference and affiliations. The former administrations of the state government were not criticised except ln respect to a few-exceptional matters. These administrations, speaking in general terms, wefc acceptable to the great body of Democrats In the state. "Tbe present condition of party affairs ln the state Is without precedent in the history of the party, and Its causey are not difficult to understand.

"There are two lines of thought Inslie of the Democratic party In the state, as has been evidenced by many public events that have transpired within the past eight or ten years. "It Is an anomalous political condition for all of the white men of the state, with the exception of a handful of populist, -to te in one political party. Independence of thought, where there are such wide differences of politlclal views and principles held by different political parties, will neceasarily produce In time divisions in the ranks of the white men of tbe state. "It la not easy to forecast the manner In which it -will come about, or the lines upon which political lines will be laid lu tha, future, in the fullnesa, of rime the white people of the state will be divided into two political parties. This according to tne natural order 01 events and It may not be a harmful thing to happen to the state.

There will then be a more rigid scrutiny Into ofncial action, a more careful regard to the public good than can be accomplished by one party that stands radically without a political adversary, there were two white parties In the state, each under efficient and capable leadership, each would operate as a check upon the other, and the consequence would be that tbe best men In each would be brought to the front, and each party would be united and harmonious within Its own rauks. "In view of conditions as they actually exist. It would take a man wise bevond bis generation to tell what will happen in Mississippi politics." Tbe Yaioo Herald pays the following deserved tribute to Mr. R. L.

Bennett, a native of Brandon, the newly eiected president of the state Sunday school convention The election of Mr. R. L. Bennett as president of the state Sunday school convennou i i iuf t-uuiu compliment which will be appreciated members of I'je convention. Mr.

Bennett life la devoted to tbe cause of Christianity and good works. He is one of the rnont active. pt-rseverlng church workers 1n Vaioo City, and the Herald doubts if there Is a more earnest one in the state. He has been, sluce ear.y childhood, deeply interested ln Sunday school and church work: has filled every position, from being a member of ttae Infant, or primary, clasa to superintendent of ttie Vaioo City Method-1st nchool. and is now teaching a Bib.e class ln that school every -Sunday morning, anil another to men in tbe afternoons.

His seat in the church is never vacant at any service of the church when it is possible for ilm to attend, and he makes it portslblo many time wtien it would be Impossible to others. Mr. Bennett is not only a busy mau In hia church, but he Is equally so as a business man. For several years he has been the trusted and efficient cashier of the First National Bank, and by his influence and the confidence the peop.e have in til bonesty and integrity, has been a strong factor ln making that bank one of tbe strongest financial institution In the tate. In addition to his duties there, he is secretary and a member of the boards of directors of several other business enterprise of our city, and in all these his couhsel and advice have great Influence In controlling their management "as HcSristian Mr.

Bennett Is sincere and honest; as a citiren. be is above reprcb. and as president of the state Sunday achool convention he will be active and energetic and make the stsslou at Oxford next year one of tbe best in tin history of the Sunday schools of Mississippi. This high honor conld not tiave fallen npon one more worttiy. and while Yaroo City feels greatly bouored by hi election the Herald can truthfully say that tbe convention honored Itself In electing R.

I Bennett as its next presiding officer. The Kllisvllle New South thus discusses the new road law: In oar judgment the new road law ad-pted by oar board of supervisors will prove to be. if properly carried out. one of the- beat thing the board of supervisor bsve ever done for the eonty. The auetloa of good road is ore ttilng that every man in the county ought to blnte7ted in.

A. a aeneral thing the nnblie roads bave been sadly neglected the" -carcely a good' road in the mnntv If ion do happen to find one It be made so by natnr- and not by the road bands. Of coarse, there may be a feT exceptions In thi- regard We heartily approve of nbe action of onr county legislator In adopting the road Uw and wVbellev tbat a.Hrge majority wideawake, progressive, tax-paying Tof th! inty will do likewise. wto oay the least bxe are always nBblred among the most vigorous kick-wt UcoaZto doing anything that fs for the benefit of whole people. All rood farmer, wbo maka sometiiing for Jkt want good road and are In favor idoDtTnr anymeasnro that will bring ZLZi thTt desirabl ead.

We congratulate ttird of Wervleors la adopting this which we honestly believe, la J' 7u 1 ve to tbe people a splendid ift Tada Vein gj tha law aXV torSrUal trial, with a well JitLi effort aak It crowning 2oEe? thlfW tsid? believe it ntL iid Good roada la what tha PP nea na good roada they will bave. If the law 1 given a fajr and Impartial test. The Southern Reporter thus tells of the Improvements being made in that locality by the Illinois Central: Tbe people living off the line of the Illinois Central Railroad In fact, a few-living here In Sardls. and at other daces on the road have any idea at east not a correct ODeof the amount of work that Is being done on the trackway. We confess that we were not a little surprised, tbe other day, on walking up the road half a mile or more, to see what we did see.

We found the roadbed being considerably raised, new ties substituted for decayed and all given a solid and substantial founda-tlon of gravel, which la hauled 2." miles. Several "gangs" of laborers, under competent bosses, bave been working dili gently for many week, elev.ti:i theU tracKs, distributing the gravel and fastening the new and heavy rall securely. Not only all tbls. but the side ditches have been cleaned out, broadened deepened, that altogether the ro.ui i being made an substantial and beautiful as it la possible for skill ami work to make It. Well timy the Illinois Central people be proud of this little hundred-mile link between Memphis and Grenada, of their great system.

We are all proud of It down this way, and we are more than glad to see the work of Improvement going on. As we bave sail several times heretofore, it not only means one of the best and most substantial roads ln the world, but ut the same time one that wil' be the most pleasant to travel an. As we have said several times heretofore. It not only means one of the best and most substantial roads in the world, but at the same time one that will be the most pleas-int to travel on, for It will be free from tbe annoyance of dust. The Winston County Journal note the return of the bluebird.

The absence of this bird is still noted In part of the state, but it has been commonly supposed that the English sparrow had killed him or run him off. By the way, it is stated by the who ought to know that the English sparrow will not live in tbe country. The Journal says: "The bluebird has come back to us. That cheerful little songster was completely annihilated by the severe cold weather two winters ago, and has not since made his appearance among us until the present spring, and even now we se? one only occasionally. Tbe blue bird Is not only one of the most harmlets, but one of the most useful birds native to this country, us will be testified to by every farmer and gardner who has ever taken tbe pleasure to watch and stmly its habits, and all welcome its return." The Ontervllle JefTersonlan thinks the state will soon have a new capitol.

It nays: "We believe the January session of the legislature will pans a capitol hill ni we also believe it will on the lines suggested by Governor McLaurin in liH veto, After the naming of the c-oin-mlssioners, let them select the plans. If we have enough confidence in the men to let them be commissioners, then let them select the plan. They aDd to know more about it than the majority of the legislature." "Mla-sls8lpplan," says the Southern Investor, "extend a cordial welcome to It des not matter where they come from. We have seen old confederate and old federal soldiers discus, ing the battle of Shlloh over their or cigars as calmly a they would that of Waterloo, or at least with as much freedom from The Mls.si-slppi.in lias thought for thirty-two years that the war was over, and as those who to come south to live think to too, there Is no difficulty In the way of their fraternizing. Northern men who live bar Jiav been beard to say that they never had better neighbors in their Uvea" Tbe Brandon News contains the following timely words: "Don't be afraid to do your duty because some one ridicules or opposes you.

A man who has opinions of his own and tbe courage to advocate them will lie-sure to have opposition in this world because he runs across or contrary to other people's opinions: but Jiwt keep ahead if your cause Is riht and mr conscience is clear. iKm't bother your self about what people say; life Is im short for that. Some wl.l you through eilvy, others for the want of principle, and some because they honestly differ with you. but if you keep right on openly, manfully and intelligently and with proper dignity and character, honesty of purpose and self-respect, those who differ with you will s-pect your opinions." The Aberdeen Kiaminer cracks at Bowler as follows: "It is said that Comptroller of the Treasurer B. B.

Bowler has tendered resignation. If so. Major McKinley should grab it with both hands, for this man Bowler has given the country an example of one-man-power without precedent. He has on several occasions 'held up' congress and the executive, and the sooner his head strikes the sawdust the better." The Aberdeen Weekly Ledger is "proud to note the fact tbat the Journ ilistic standard In Mississippi has been decidedly elevated during the past few years--and lf Is to be hoped that the height of excellence promised lies far beyond that yet attained." BOY BANDITS Hold I'p a Little Newsboy. ho In Afraid to I'roaeoute.

A quartette of young daredevils, whoTe chief ambition Is to do desperate deeds, and Incidentally give the police more work, were before Recorder Bezou. of the second recorder's court, yesterday morning. But it Is safe to say that for some time to come Robert Britnacker, aged 17 yeans; his brother, Ja.nes who is several years his Junior; Rick Murphy, alias Stale Bread, a lad of 11 years, and of rather d.minutive helcht. his bead Just reaching the great table before tbe magistrate's bench, and Toin-mle Ross, a boy of about years, will not get ln trouble, for each w.ie given the preference of paying a fine of $25 or going to the bouse of refuge for days. There being a lack of money amotig the lads, tbey were compelled to accept the imprisonment.

All of them had been- arrested on tbe charge of being dangerous and suspicious characters, chough the truth, of the matter is tbat tbey were run down for a bold highway robbery. Early Saturday morning, at the corner of Canal and Camp streets, the quartette hemmed to Jacob Peyton, a lad who has been selling papers as a means of gaining a livelihood. With a dexterity that greater cr. urinals would envy, the youngsters seized Peyton, gagged hkn with their bands and for a minute or so held him in bounds until one of tbe crowd searched his pockets. A few cents were taken from the poor boy.

and when no more money was found he was ordered to ron up the street, and, under penalty of being beaten within an inch of hi Hfe, to be silent. Peyton, when away from his assailants, sought the police and complained, and. as a result. Corporal Cleary, with Officers Coleman and Barnes, gave chase to the boys, and after a tiresome hunt of several hours landed them. Peyton was not anxious to appear against them for the crime of taking his money, aod so the charge of dangerous-and auspicious was brought against them.

In the court yesterday morning, after the police had told their atory and went on to prove that Robert Ritnacker was quite dangerous, having killed a ne- 2ro boy on Mardi Or last, for which was acquitted, tbe recorder asked the youngsters what they had to aay. All of them grew moddled, and It was not long before every boy waa placing the responsibility of tbe crime npon one an other. There being no prosecutor in the person of a victim, the charge brought by the police waa sustained and the recordet fined tbem. The proper way to buUd health is to make the blood rich end pure by taking Hood's SarsaparUU, tbe one true blood purifier. i- i GARDES AND GIRAULT MAY FURNISH BAIL After Their Oases Are Taken Up On Appeal, And Their Final Fate May Not Be Known Until the Higher Court's Deoision Next Winter.

Praise for Judge Parlance's Decision Daj at the Supreme Court. There were some echoes of the trial of Gardes and Girault in the United States circuit court yesterday. Judge Beckwith, counsel for Gaa-des. and Messrs. Hen-riques and Fairrar.

counsel for Girault, rppeiared and bled motions for new trials for their respective clleuta. Th motions were promptly overruled by Judge Par-laage, and then Judge Beckwith filed a motion for arrest of Judgment for Gardes, and the other counsel wi-11 file ubelrs Wednesday. The motion of Judge Beckwith was giveu to tbe district attorney for inspection, Jid will be decided today or AVednesday, or as soon as the Judge gets ready. If he refuses it the men will come up for sentence, and theu they will make their appeal. After the aipeal they may give bonds, but they had great difficulty in giving $20,000 bonds the la-st time, and before tbey had been tried, at that.

The defendants did not appear in court, the prxx-eedings not requiring It. The motion for a new trial was based oa the objections to the testimony taken by the defense during the trial, and that the jury was not lawful, and that they were prejudiced when they weirt into the liox. Judge Beckwith agreed to submit the motion without argument, and as the district attorney lia.l no objection, that form was gone through with, and he judge at once overruled it. The first ground for arrest of Judgment was that that the defendants had once before been Placed iu jeopardy, an objection which jude l'arlange bas already overruled. The next was that the Indictment had been amended and the defendants had not been called to piead on the amended tment and the third was on the ground that the indictment contained a ukuss of charges that could uot be contained in one indictment lawfully.

The next was that tbe verdict of -the Jury was geuerai. and read guilty as charged, whereas -the defense claim that the Jury should have specified the offenses. Ihen that tbe entries made by Girault were not tLuide with cnminal intent, and he could not oe he-Id liable under the law for them. Kurttieir. that the record Is false, uncertain, defective and bad.

That is as far as the case got. and the public -will not hear much more of it until next winter, when It get before the court of appeals. As the rulings of Judge Parlange have been very careful and Just all through the case, and as he has taken tbe utmost pains to be fair to everybody, together wluu the fact that tils decisions' generally tttand, it Is thought very unlikely that tbe appeal will do the defendants any good. It will keep them in prison that much longer, but they are like all the others, honing to the last that iti.l' can gain some advantage by fighting. rood many eople think that lf Girault had pleaded guilty at the outset, he would have gotten off easier than he will now.

as he would have saved the government great expense, and the vast details of the case would not have come ou; so cienrly. The members of the bar bave to a man expressed the greatest appreciation of the charge of Judge Parlange to the Jury, which said to have been one of the finest and most perfect ever delivered in the federal courts ln this city. Major Rouse, of the counsel for Underwood, aftr hearing it. that he did not telieve tLat theire ever was a charg in a case of tliait importance to which there was so little objection on the part of the defense. Neither he nor Judge Clegg nor Judjie Beckwith took any exceptions to and those of the others were merely furuuil.

The district attorney also concurs with the other members of the bar that the charge was perfectly sound and admirable in every clause and was a model, both as a scholarly production and a legal precedent. Assistant District Attorney Mellen is quite enthusiastic over and nobody donhts that at every point the Judge exercised the clearest reasoning and the most perfect fairness to the defense, and at the same time allowed nothing to be left undone that ought to have been done. Therefore. It is not thought at all likely that appealing will help the defendants. OTHER FEDERAL COURT POINTS.

Gal.ot wfll be In court to-day. it is understood, to plead to the last Indictment ugainst him. His case will then come up ou the following Monday, if no change is maile. It may take a week or ten days to try it, but there will probably not be tiny such mass of evidence as in the American bank case. Judge Beckwith is counsel for Gallot ami although his health is very bad.

be will probably be able to go on with the case. Th" suit of the Fort' Wayne Electrical Works against E. Feuner has been ilismisseiJ by the plaintiff. The Fairbanks Company has secured a Judgment for $7614 39 against the Knight Asbetos Company, with a creuit of S1M73 15. lu the case of O'Conner Moffat against J.

J. Callaghan, the defendant has tiled his answer. He was charged with wrongfully appropriating notes amounting to $10,250, and plaintiff sued to recover the amount, but defendant states that be liepositert the note In the Park National Bank 'in New York and lf the plaintiff failed to take action against Mln-guy Brewster and Francis P. Maher to collect them It was not the fault of the defendant. S.

Sanford Son have obtained a judgment against A. B. Broussean for $3066 57. Supreme Court of Louisiana. The court wa In session yesterday.

The following case were deckled: KE.H DARINGS REFUSED. 12.407. Cannon vs. Home Insurance Company. Rehearing refused for reason to be assigned.

12.304. tflelr of Hennessey vs. Wonlfe. Rehearing refused for reasons to be assigned. BY CHIEF JUSTICE NICHOLS.

E. C. Drew vs. His Creditor. Appeal from tbe Second Judicial district court for the parish of Bienville.

Appeal dismissed. BY ASSOCIATE JUSTICE ATKINS. 6tate of Louisiana vs. Patrick Payne. Appeal from the- Fifth Judicial district court, parish of Ouachita.

The trial Judge having selected and appointed competent physicians as experts to make an examination of the mental condition of the defendant, with the object ln view that they should be better prepared tb intelligently state hi situation to the Jury at the trial. It was not a condition precedent to- the trial being proceeded with, that the physicians should make a written and detailed report of such- stn examination to the coart. Judgment affirmed. State of Louisiana va. Victor Pierre.

Appeal from the Twenty-second judicial district court, parish of on motion to dismiss appeal. An information charging the defendant with baying committed the crime of petit -larceny- must ae filed or presented to the.eoOTt wlthm one 7Z -1. year nez4 after tbe offense shall have been made to a public officer having tbe power to direct the Investigation or prosecution; and if it appears from the record that this provision of law has not been complied with and the information fall to negative prescription on its face, the plea of the defenuunt urged in bar of the statute will prevail. It la therefore ordered and ueereed that the verdict and sentence be annulled and the tiefendaut discharged. BY ASSOCIATE JUSTICE BREAUX.

Succession of Richard H. Allen. The reLearing at this time ecu fines me question to lue bounty money. The end ot the bounty was to encourage the production of tune, it devolved upon us to determine by whom the cane was produced, line testator to the date of his deitb was a cultivator ud producer ot tmi crop. His heirs are entitled to a portion of the bounty equal to tne interest ot the cultlvutor and producer of the cane.

The widow and legatee was the owner of one-naif of tbe plantation; palfi the expenses jf crop the testator's death, and was after that date the producer, and entitled us such to a propor tionate share of the bounty money. On this basis it was decreed that the legal heirs should receive one-half as an unwilled portion. The other one-half to widow and legatee. With this amendment the Judgment appealed from Is affirmed. Leon Ac H.

Garter vs. State of Louisiana Appeal from the First Judicial District Court, Paris of Caddo. The plaintiff sought to revive a judgment, rendered ten years, less a few days, before, his petition for a revlrnl had been hied. The plaintiff at the time that suit was brought to recover a Judgment upon bis claim, had been authorized to sue the defendant in any court of competent Jurisdiction. Act 81 of 1884.

In that suit the Judgment was rendered which the plaintiff here seeks to bave revived. Tbe legislature has the right to authorize suits Against the state. The authority to sue covers the authority to bring an action to prevent prescription of the judgment obtained under the original authority granted. The Judgment is only the evidence of a right, and the revivul Jias naught to do with tbe means of conforming the liability; the grounds and objections -at bar are within the control of the legislative department. They cannot be of any avail in opposition to an application to revive a judgment.

Judgment reversed and case remanded for trial. State of Louisiana vs. Joseph Vogel. Appeal from the Criminal District Court. Parish of Orleans.

The defendant was Indicted for murder. He was found guilty of manslaughter and sentenced to Imprisonment to hard labor for the term of twenty y-ars. 1. Mere Impression, und hastily formed opinion, -which will, the juror jars, yield to the testimony to be offered, are no objection to juror. 2.

The jurors are the judges of the weight of the testimony: it was manifest that evidence relating to the corpus delicti was admitted. It was found by the Jury sufficient by the Jury to convict. Ordlnarilv, such question of fact, when decided by the Jury, Is not subject to review. Nevertheless, tne court examined tbe testimony of record and found that tbe statement of the trial Judge regarding the corpus delicti was sustained by the facts. It Is.

therefore, adjudged that the judgment appealed from Is affirmed. Taxpayers vs. W. A. O'Kelly, Tax Collector Appeal from -the Fifth Judicial district Court, Parish of Ouachita A number of the Mxpayers of the city ol Monroe brought this action to enjoin the city tax collector from collecting i special tax levied ln favor of the Houston Cetttral.

Arkansas and Northern Railroad Company. The Reynolds Henry Construction Company, assignees of -the tail-road company, are the parties In Interest, as defendants. Plaintiffs In injunction allege a number of grounds against the legality of the tax. su.h that the petition for the election was not signed by the requisite number of taxpayers; tbat Lho- -commissioner of election lid not make a list of the property taxpayers who voted at the election; that no return was made of the election, and that no return has ever been announced or promulgated; that the election was noi carried on ov a majority in amount and number; that the railroad comiany had not earned the tax; that the defendant had agreed to surrender all its rights to the tax; ana that they are attempting to extort an amount under the guise of a claim for public work. The defendant excepted to plaintiffs action: controverted each of the grounds set forth, and Interposed the plea of res Judlettta as a complete bar to all complaints alleged bv the plaintiffs.

The judge of the ilis-tflct court sustained the exception and dismissed tbe suit. The plaintiffs appeal. "Prior to the statute of the courts were without Jurisdiction to entertain the case of a contests 1 election. The con-testing of votes is Judicial function only so far as authorized by statute. After tbe statute of xri more than three mouths, the timo alio we--1 to contest after an election.

elapsed, and in consequence the contest wa.s not seasonably tiled." Judgment affirmed. State" of Louisiana vs. William Grandi-onAppeal from the Twenty-second Judicial District Court. Parish of Plaque-mine An information was filed ogalnst the defendant for the drinio of Inflicting a wound less than mayhem. The accused was convicted and sentenced to the penitentiary.

"In prosecutions for having tbe offense of wound-In" less than a nM.vbcni. tbe statute has dlpenseil with the common law, ind has substituted the words, 'wlilfiillfv and State vs. Watson. "41 r2S. The minutes were properly corrected ami made to conform to facts Bv the.

correction made it was shown -that "proper leave had been given to file the information offered. Judgment affirmed. BY ASSOCIATE JUSTICE MILLER. the State vs. Alex.

Vance Appeal from the Fifteenth Judicial District t.ourt Tne defendant appeals from the sentence of shooting with intent to kiill. i irst. inrW the imlictment for shooting wna Intent to murder, the jury tnay nvict of Intent to Kill. W. I-v art and 44 of 1SX.

0th An. Secoir-l, under such an indictment the verdict with Intent to kill." will be underwood as referring to that offense, though the indictment charges the crime of higher grade. Judgment affirmed Tbe State ex rel. N. H.

Bayet vs. J. Walker. Judge Application, for Certiorari -The court will not. on an application' for certiorari, review tbe decision of a question of fact, on whlA the jurisdiction depend, at least, when the error is not made clearly to appear It is ordered, adjudged and decreed tout tbe application be dismissed Suasion of William Heffner-Appeal from District The court which Issued the letters of executorship has the Jurisdiction when the will is annulled to order tbe delivery of succession property in the hands of the displaced executor to tbe legal heirs.

2. Nor Is tae competency of the urt to give a uch order at all affected by the fact of its previous Judgment recognizing the legal heirs- fixing the amount to be accounted for by the executor, and decreeing its peymVnt to the legal heirs. 3. It Is no answer to the rule of the legal he.rs to compel such delivery of the succession property for the executor to aver that be has violated his trust by disposing of the property. Judgment avoided and annulled and case remanded to lower court with instructions.

The State ex A. L. Lyons Tax Collector vs. Judges of the Court of AppealsApplication for Writ of Certiorari. 1 The circuit court of appeals is without Jurisdiction to decree that a license tax of the state Is unconstitutional, the Jurisdiction of that question being confined by the constitution to tfils court.

art, 81. 2. The certiorari is the appropriate remedy when the execution of the Judgment, vokl for the want of Jurisdiction, Is Injurious to the relator's right. art. 70; Code of Practice, Baglsnd vs.

the St. Louis, Iron Mountain and 4 Southern Railway CompanyAppeal from the Fifth Judicial Di-trict Tbe car on the spur or side track In which men are employed loading it with heavy lumber should not be subjected to any contact with moving' trains, at least, without notice or warning to the men thus employed, end such notice, one of ttie men Is killed by the fall of the lumber dislodged and falling on hm by' the Jolt incident to coupling the car la which two men are at -work with, other ears, the railroad -company will bo responsible In damages. "Cooley on Tort, Pierce on K. R. Am.

Digest, J889. page 3280. 2. The contributory negligence imputed to the men for not laying the lumber in that method whicb it is claimed would, have withstood the Jolt and averted the accident will not avail as a defense against the carelessness of the agents of the company in moving trains against the car ln which the men were employed, atd wtille they were at work that carelessness causing the fall of the lumber and the death for which damages are claimed in this suit. It is therefore' ordered, adjudged and decreed that the Judgment of the lower court be avoided and reversed, and it is now ordered, adjudged and decreed that the plaintiff recover from defendants wirti costs.

BY ASSOCIATE JUSTICE BLANCH A RD. State of Louisiana vs. Charles J. Lewi. 1.

In criminal prosecution for larceny, it is sufficient to lay the title of the property stolen in the ostensible or apparent owner thereof. 2. The felonious taking, more than the perfect title of the alleged owner, forms the Issue presented to the jury. a. Wher-2 an information charging crime Is presented In open court, received, and the accused arraigned thereunder, the minutes of court showing the same, it Is in effect and in law a tiling, even though the clerk neglects to make the formal indorsement of the tiling thereon, and prescription is interrupted.

Judgment affirmed. State of Louisiana vs. Elijah Thornton. 1. An accused, desiring to secure the attendance at his trial of witnesses in another parish, must, In his application for subpoena, state the parisn where such witnesses reside.

2. lf he names the wrong parish, having had previous ln-fromatioiil of the parish where the-witness then was. it is not error, when tbe case Is called for trial, to deny his application for further time to serve the subpoena. 3. The question where a forging actually occurred, iu what actual parish, lf In disputation.

Is one of fact for the jury. Judgment affirmed. Succession of George Grover. 1. This court cannot pass finally upon issues not decided in the court below because of dismissal of the pleading raising the same.

2. There is legal authority for the order entered by the court below requiring one who op-poses the probate of a later will, iu favor of an earlier will, and sues, In the alternative, to be recognized as forced heir, to give security for costs. Sec. 4. act 13 of 18SO.

3. The failure to furnish this security for costs within the time fixed by the order justifies the dismissal of the proceedings as ln case of non-suit. 4. Act of the legislature authorizing the requirement of security for costs not in conflict with article 2 of the constitution. Judgment affirmed.

ClA District Court. ENGINEER PETERS BRIN3S SUIT. Assistant City Engineer Samuel D. Peters filed a petition praying that an Injunction isue. preventing City Engineer A.

C. Bell from discharging petitioner. The petition sets forth that petitioner was regularly appointed on May 5, 1896, under authority from the city council; that he has since zealously and effectively performed the duties of his office. It is rurther stated that the city engineer has no authority to discharge petitioner; that when the new city cnarter went into effect petitioner w-as reappointed and under the terms of. the new charter holds Ills office during good, behavior, and can only be discharged for cause after a fair trial.

Next it is stated that City Engineer Bell undertook to discharge petitioner withou: assigning any reason; that the office of the city engineer was organized by the city council, and that tne city council alone has the right to discharge under the rule and regulations of the board of civil service commissioners. Petitioner lastly prays that the city engineer may be enjoined from interfering with him and from attempting to discbarge him. The trouble between Messrs. Peters and Bell grew out of a letter which the latter had written to Councilman Pllster. Criminal District Court.

ARRAIGNMENTS. Pleaded Not Guilty W. H. Stevens, alias Monk, and Sidonia Steven; alias Gray. Entering in the Day Time and Petty Larceny George Jackson, alias Green.

Assault Witu a Dangerous Weapon Charles Williams, alias Money; Westley Good, Emma Johnson and Charles- Williams, petty larceny. Pleaded Guilty 'Effie Scott, simple assault, 15 davs parish prison; Henry Rosh, 15 days parish prison; Edward Williams, 30 days parish prison. CONVICTED AND SENTENCED Patrick Mitchell and James McLaughlin. The accused had stolen a pair of fancy flower pots from the residence of Mr. Thomas J.

Burke, on Baronne street, between Euterpe and Polymnla, on March US last, and were arrested with the stolen property In their possession at the corner of Felicity and Carondelet streets by Sergeant (fabe l'orteous. The evidence was conclusive and the young men, who were not represented by counsel, merely Introduced character evidence. Tbe jury were out but a few moments when they returned into court and entered a verdict of guilty, recommending the prisoners to the mercy of the court. Judge Moise, in passing sentence, took into consideration the youth of the ao-ensed and the fact that it was their first offense, as well as the fact that they had been in prison since the day of their He sentenced them to ten days each in the parish prison. Mitchell's father appealed to tbe Judge prior to tbe sen tence.

ACQUITTED. Selleck Lavine. charged with assault and battery. Klrst Recorder Court. Kdward Finnegn presiding.) Alex Johnson, for carrying a concealed weapon; James Johnson.

alias John Thomas, for petty larceny, and Henry 'ornlsh. for assault -and battery, were sent before the criminal court under SJ-'si bonds each. Edward Bleakly, alias Eddie Murray, for obtaining money by false pretenses: Alexander Johnson, for petty larceny; Ed. Walsh and John Lynch, for assault and battery, and Thomas Burke, for hitting and maiming and assault and battery, were placed under appearance bonds. Joseph MeCnrdy.

a suspicious character, and William Foley, for being drunk an 1 iMsturhing the peace, were fined $U5 or 30 days each. PERSONS GOINO OUT OF THE CITY A FOR THE -SUMMER MONTHS CAN fc THE DAILY PICAYUNE. MAILED TO THEM AT ANY POINT IN THE PMTFjD STATES OR CAV.VDA FOR A MONTH. l'X-CLUDIN'G POSTAGE. ADDRESSES WHJL BE CHANGED AS OFTEN AS DESIRED.

IN (MAKING A CHANGE GIVE THE 'NAMES OK BOTH THE OLD AND THE NEW POST OFFICE. LEVEE LIVES. Sw Work at Conrad Point to Begin Soon. Captain Geo. McC.

Derby, of the United States engineera, returned yesterday from a tonr of inspection along tbe levees as far up a the Conrad point crevasse. He said that he found the levee ln generally good condition, notwithstanding the fact that a great deal of work win be required te put them ln good condition, and to repair the damage done by the recent flood. The captain says that the new levee at Conrad point will be started soon. It will not be a large work. The embankment in which tbe break occurred wa one which would nave been abandoned this, season, The only resort of the crevasse, eo far mm the new levee is eon cerned.

will be to compel the engineers io locate the line farther back than wee originally Intended. Major H. B. Richardson, chief of the state engineers, went yesterday to Port 'Allen, with Assistant Engineer Perrilllat, to attend the meeting of the Atchafa-layn basin levee board! Assistant State Engineer Kerr has gone to Alexandria. Languor, loss of appetite and strength.

Nervous and neuralgic headache Promstlv cared bv Bromo-Kaltxer. Ilf ST. BERK ARB. udge Htngrle Dlieaises Cro; Other IIa-ppenlns. Plaquemines parish has no- more IoyU eon -theu the Hon.

Robert Hteglei now Judge of the twenty-second jadidal dla trict court, to which position he ws ele- 5' vated a little over year ago uy ale fel-" low-citizens, white und blade, because et. hU ability and general fitness. Judge Hlugle is a resident of Potata-a-" la-lmciie, Dut by virtue of the oMee-ba holds he is frequently domiciled tempj-r rari.y St. Bernard, ucu being the cpe at present, wuen tna higher court to lu session, disposing ot civii cases, WiUcli are very te.v inueeu. He la the guest of Judse Perez, and will not leave, for ulg) home until the lumoua legal dl- cussion between Growiey Fiautt and Francois Montlezun, over a lot of.

is nuahy settieu, wuich will probably us oy inursuay night, if the case can be tried in one day. Jude Hingie was for many years the moider of puollc oplnloa iu Uis warisn, tie naving occupied tae di," 1 rorj.u pod in the sanctum ol the Plaque- mines Protector, from the period ol Its foundation to the time of hie election to the judgeship, when his brother, Felix iiugie, succeeded him ln the edi- tortetl maujgement of the paper. Kdltor 1 Robert Hiugie was an Indefatigable V. worker for tne best interest end welfare TV of his parush, and to him was largely due the agricultural development of Plaqua- mines in recent years, us well as the final overthrow of Republican rule. He therefore, thoroughly Identified with.

th-analrs of tne parish, and takes a live u-' terest in its growth from the standpoint of agriculture. He always did his beat to foster tha sugur and rice industry ia'T-l'laquemiiies. and his efforts were not fruitless. Tor the agricultural expansion of the parish was noticeable, despite the unfavorable legislation, which, of coqra had the effect of checking it to some ex- tent. Knowing tbat Judge Hingle was an.

authority on the sugar and rice culture in Plaquemines, the reporter of the Pc- yune sought an interview with him, Whlcat was substantially as follows: tor a splendid rice crop Ur-fV--all that could be desired. In Polnte-a-la- Hache tbe stand, as a whole. Is very goody and on the plantations above me gn In cent crops will 'be made. There is no doubt In, my mirid that the planters wlH this year come out with a cash surplus after paj ing up till expenses incurred in the cultivation. -of one of the best crops that we.

have bad in tbe parish for many years. "After a drought lasting many weeks the farmers of PJaquemlnea were made the recipients, few days since, of a gool rain, but, unfortunately, the showers did not visit every section of tne parleh. The growing cane and rice were greatly by the rain, though rice la ln need eC. a great deal more. However, the Indict- tions are that we will have plenty off -water henceforth, probably too much our cane planters, but not eo with thev rice farmers, who will need all the Ta'n which may fail until the harvest, as the rapid fail of the river will prevent Irrl-gation.

"The cane crop will wtso be large this year in Plaquemines, end the planters are very hopeful of better results than." year. Those who had abandoned the cultivation of rice and sugar have re-sumed their former occupation, with the number of deslreb'e Immigrants who located ln our midst, has made the rich and productive lands of the parish spares and in demand. They are -energetic and prosperous, and have made -V Plaquemines pariah one of the most lm-' portantjtnd prosperous agricultural points in Louisiana." Yesterday morning a number of tns 1 clerks of the Crescent City Slaughterhouse were notified that, their services. were no longer needed. Their -diseherre was by no mean a surprise, ae It was current a few days ago tbnttne.eoaTi of directors would take-eri 5 reasons best known to gK the employes excused was one who had been ln the employ of the company" for many years.

It wa also rumored that changes had been made ln the higher-positions of the company, but exactly of what nature, or who wast affected oy them was not yet known. There was a specie' meeting of the board of directors of the Blaughter-housa company at 3 o'clock lest evening to epn-; sider the petition of butchers, requesting a reduction of charges for tbe slanghter-ing of cattle. A committee of wholesale butchers were present, and the subject ws discussed length, but was not definitely settled. The board will bold nnotber session shortly, at which the demand made by the butchers will OeiV nnrilly acted upon. Pierre Pierre, one of the oldest dUHf ln St.

Bernard, who lived sixty years In the same ehanty on the Corinne planta- tlon. died Sunday morning at 3 o'clock, Pierre wan the faithful servant of the Fleltns family, was a respectable honest colored man, whose death im re- by the white and colored --iv The successful candidate in the gold medal contest at tbe Millandon School wes Httle Bertha Darby, who was pre-pen ted with the beautiful prise by Mlse Nlta Brown, a niece of Mrs. B. S. Story, who was the donor.

Little Bertha is very bright and studious, an3 when tha an- nouncemept of her success was made sbe whs warmly congratulated by her school mates and friends. Add 20 drops Angostura Bitters te every class of Impure water. The genuine only Manufactured by Dr. J. G.

B. Slegert as Boc. TO FRO IXFIRglARY. The Monthly Meeting of the Dl- rectors. Tbe regular monthly meeting of tha board of managers of the Touro Infirmary and Hebrew Benevolent Association was held Sunday at 4:30 p.

m. Henry Marx, president, in the chair. Ed Dinkelsplel, secretary, at bis desk. All tbe other offU cers and a quorum present. bills ior Ma were approved -a id ordered paid.

Goldstein, clerk, reported number of inmates and patients remaining In the. hospital May 1, 76. Admitted during the month, 5L Discharged during the 52. Died, 1. June 1.

remaining In the hospital, "4, of whom as are aged and infirm. The number of consultations held In the. outdoor clinic for May were: Gyns-i, coiogy, 218; surgery, 439; Internal medi- clnes, children, 158; digestive organs, eyes, 427; ear. nose and throat. auS; skin, 293; dental, 178; total, 2314 consults tions.

1 N. ShwarU, chairman hospital eem- mitu.i ivirtMi the trainlnsr school era- greasing satisfactorily; also that- tha lirainage of the grounds bad been completed by the contractors, fildgwsy. Out iand and up to the present tha ays-tern had given satisfactory Henry titern, treasurer, reported cash balance June IX 4367 11- The report wag referred to the conimlttee. i Rev. I.

L. Leucht, first vice president, reported amount expended -during th month, account of charity and relief, S253 35. The report was- Through Bev. Lu. Leucht.

a donation of S500 was received from Sir. Max Fraenkel, ln memory of his parents. Th amount waa properly acknowledged and the names of the -deceased Inscribed In the Golden Book of Life and also ordered engraved on the memorial tablet. Mr. Isidore Newman, through Bev.

I Leucht, donated $200 and also one carload of coke, which were thankfully re-: celved. The Hebrew Benevolent Association, ex Galveston, Texas, through Henry donated f50. Donations were also received from; Domlnick Schwars, through the Swiss consul, A. Meyer, Grand lake, Arfc, M. Leo N.

Levy, Galveston, Texas, through H. Gutman, Captain Tlerner ateam- 1TneB.bovet'aSounV. were properly apSucaat. JSASi association elected. One WTherelarmeetmga of the board were chnleKom Sunday to the ndes-.

day la each month at 7:30 p. m. durinjr Ai' ttrrsnsactlng other rourJse business of minor Importance the meeting ad- touraeo. i .1 --s- 0 II.