Austin American-Statesman from Austin, Texas • 6

the the THEE AUSTIN STATESMAN, FRIDAY, FEBRUARY 20, The Statesman's Daily Puzzle. What helped the mastiff to drive the tramp off? Can you find the mastiff, too? In yesterday's puzzle, one of the boys may be found in the lower found part be- of picture, the upper part being used as base. The other may be the side the speaker, the upper right corner being used as a base in this instance. WANT ADS CENT A FUNERAL NOTICE 19, 1903, Mrs. Pearl Patton, wife of Buck Patton.

Funeral from the residence of her father, P. W. Powell, 400 San Antonio street, 3 p. today. Friends and acquaintances invited to attend.

HELP WANTED--MALE. ELECTRICAL TRADES COLLEGECorner 7th and Congress Ave. Practical lessons 'n electrical work; A. E. Jeavons, electrician: Jaenicke, Instructor For information address H.

Pres. 2-24 AGENTS. 'AGENTS- We cuarantee $3 to $5 per day introducing our genuine "superasbestos" wicks: light equal to Incandescent electricity; lasts about eight years. Address Fireproof Safety Wick Works, Chicago. LADY.

ENERGETIC -To work for us in home territory; $12.50 weekly; perinanent, and advancement; state former occupation. Send addressed envelope. J. L. MacBrody, 356 Dearborn street, Chicago.

A GOOD POSITION awaits every woman who will sell our beautiful petticonts and solid comfort walking skirts; exclusive territory; big profits; no experience necessary. Send for catalogue and particulars. Paris Skirt Cleveland. 0. AGENTS WANTED weekly easily made selling the Yankee Duster and Window Cleaner: 387,775 sold in 1902: exclusive territory; sample free.

Scheft 380 Wells street, Chicago. WANTED -Bright women agents everywhere to introduce new, scientifi: article, distinctly for women; by leading physicians as the greatest boon of the age to their rex. Write for particulars and descriptive circulars. Ideal Kansas Cit. Mo.

to $50 weekly easily made: we prove this; luminous nameplates. numbers. signs readable darkest nights: samples free. Right Supply Englewood, Ill. WANTED -Agents for every county in every state to sell Shushine; big seller; good profit: everybody buys it, everybody likes It.

Osmic Chemical Brockton, Mass. Department 11, BRASS lamp free to agents; makes its own gas; costa 1c a day; no oil, wicks, chimneys; rivals electricity: quick seller; cheap. Perfect Light 140 Nassau street, New York. EXTRA parts for both cooking and heating stoves. K.

C. Miller. AGENTS -Portraits, best work, lowest prices, new styles; catalogue free. Atlas Art Studio, 85 S. Center avenue, Chicago, WE wIll pay any man $85 per month and traveling expenses, such as horse hire, rallroad fare, hotel bills, to takes orders for the greatest portrait house In the world.

Your salary will be guaranteed and paid to you weekly 11 preferred. Address R. D. Curry, Dept. 719, Chicago, Ill.

WANTED Immediately, by reliable Cleveland house, a wideawske man with rood business experience to compiete our traveling force for 1903. Standard line, Church Ellastone bullding, Cleveland, O. COLORED MAN, energetic, to work for us in home territory; $12.50 weekly; permanent and advancement; state former occupation. Send addressed envelope. Manufacturer, 702-358 born street, Chicago.

BIG money to agents, male or female; holiday goods, cards, cases and aluminum novelties; catalogue tree. Economy 685 Lake, Chicago. SHOES at half price at K. C. Miller's bankrupt store, 304 E.

6th St. WANTED- Have you a position equal to your abilities? Energetic and reliable women do well working for us. No more work and better pay. Write for particulars. Crescent works, Ann Arbor, Mich.

AGENTS reap golden harvest introducing slickest scientific puzzle out. Attractively plated sample 10 cents. Valley Manufacturing Middleton, Conn. AGENT wanted In each county: $5.40 free; exclusive territory; get full particulars at once. The Cremoline Manutacturing 1729 Olive street, St.

Louis. AGENTS--Write for territory and terms for patented musical parlor clock; sells at sight; immense profit. E. L. Cuendet, 7 Barclay street, New York.

$20 WEEKLY straight salary and expennes to men with rigs to introduce poultry mixture; Inclose stamp. Royal Co-Op. Indianapolis, Ind. MONEY and lots of it can de made sure and easy at home; no canvassing: honest business and steady, increasing income. For particulars address Model Supply Dept.

D. Lehigh, LA WANT ADS ONE CENT A WORD business methods. Write today. Reed Brokerage St. Louis, Mo.

FOR SALE. WOOD AND COAL at the Glass wood yard. Any quantity; prices reasonable: prompt delivery. Both phones, 631. Quebedeaux.

3-13 FOR SALE- Well established confectionary, fruit and icecream business; for selling other business demands my attention. Apply 122 W. 6th St. tf FOR SALE Old papers, suitable for laying carpet, can be had at 25c per 100 at Statesman office, 500 for $1. FINANCIAL.

WALL STREET--An absolute certainty, a private party, located near the fountain head, destres to communicate with men of means who wish to invest. to their advantage. Address I. A. Lefevre, 106 Fulton street, New York.

HOGS- Certain death to boll weevils and mortgages. Write Gambrell breeders of fine Poland China hogs, Prairie Lea, Texas, for receipt. MISCELLANEOUS. I CALIFORNIA FORTUNE OIL CO. has 3 big wells and 40.000 barrels of oil stored; will pay large dividends soon.

Write for prospectus. T. J. Gallagher, Fiscal Agent, Volckert, building, Albany, N. Y.

THREE per cent monthly dividend paid by North Carolina Mining and Development 25.000 ore ready for mill. Write for prospectus. E. N. Van Cott Brokers, 80 State street, Albany, N.

Y. FOR SALE--A choice herd of Thoroughbred Registered Devons. B. J. Wightman, West Eaton, N.

Y. "THIS beats New Jersey." Charters procured under South Dakota laws for few dollars. Write for corporation laws, blanks, by-laws and forms, to Philip Lawrence, late assistant secretary of state, Huron, S. D. WRITE for a free copy of the Southern Poultry Journal, Dallas, Texas.

The largest and best poultry paper in the south. INCUBATORS--From $6 up; best reasonable priced hatchers on the market; brooders. $4 uD: none better at any price; fully warranted; catalogue free. Banta. Ligonier.

Ind. I WAS SAVED from consumption after my case had been pronounced incurabie and hopeless by eminent physiclans; if you are suffering from this dred disease and will write me I will gladly tell you without cost how it was done at home; my sole object is to be of some benefit to humanity. Rev. Melvin L. Peden, pastor Church of Christ, 223 Stone street Gibsonburg, 0.

TOMATO COMPOUND cures any fever, sick liver, stomach and kidneys; will permanently cure piles, purifies the blood and cures ulcers and pimples. Tomato compound cures dyspepsia and indigestion. For sale! by A. Dreiss, 119 Alamo Plaza, San Antonio, Texas. I PAY $20 to $40 per week for addressing envelopes and mailing advertising of my pianos and other musical goods.

Instructions complete outfit senti by express, charges, paid; no experience required. Cronkright's Wholesale Music House, Pittsburg, Pa. GET 100 old papers for 25e or 500 for $1 at Statesman offise. Suitable for carpet laying or packing. IF YOU have to move see Ben Franklin, as he has the largest wagons.

His prices are low, and his help are careful and experlenced men. Phone 303. Leave orders at K. C. Miller's.

100 for old papers for packing purposes; 500 for $1 at Statesman office. TO architects and contractors: Laredo hard brick, manufactured by M. Valdez, Laredo, Texas. Prices on application. 3-2 THE VERY LATEST -Don't buy an Incubator until you see the new regulator on the Sure Hatch.

Greatest improvement ever Ca'alogue free. Sure Hatch Incubator Clay Center, or Columbus, 0. DETECTIVE--Shrewd, reliable man wanted in every locality for profitable secret service; experience unnecessary. Write American Detective Association, Indianapolls, Ind. LEARN sign painting; taught by mail; hundreds successful; $3 to $7 a day earned while learning; particulars free.

Address Rapid School of Sign Painting. Box 299, Denver, Col. BANTAMS- -A fine lot to select from, All leading varieties. Birds from my yards win. Satisfaction guaranteed.

Circular. Hal Carman, Petersburg, Ill. FOR SALE--English Ring-necked and Mongolian Pheasants. Good strong birds. You can find nothing better to stock your game preserve with.

Address C. H. Whittenberg, Hartland, Wis. 2000 FERRETS, some trained. Price list and book mailed free.

N. A. Knapp, Rochester, 0. LEARN PROOFREADING Sits, secured, $15 to $25 weekly. Home Correspondence School, Philadelphia.

FOR SALE -All kinds of living wild animals and game birds. Largest dealer in North America. Stock shipped safely to any part of the world. Address Charles Payne, P. 0.

Box 913, Wichita, Kan. HEAVY horses cured under absolute guarantee. Send 2c stamp to Southern Heave Cure Company, Mansfleld, for full particulars. PATENTS OBTAINED by Thomas M. Rogers, 1421 street, N.

Washington, D. C. Information free. Best St Louis references. Write for terms, etc.

FOR COLD FEET use Manning's Powder and get immediate rellet. For sale by all druggists, 25c a box. J. W. Manning, Albany, Tex.

WANTED-Every sufferer seeing this ad. to send for free packages of Dr. Clifford's Tonic. This great tonic absolutely corrects all liver and kidney disorders, purifies the blood. tones up the entire syetem.

A trial is convincIng. Add. Tonic Mfg. 228 Horton avenue, Detrolt. Mich.

FOR OVER SIXTY YEARS Mrs. Winslow's Sootning Syrup has been used for children teething. 1t scothes the child, softens the gums, allays all pain, cures wind colic, and is the best remedy for diarrhoea. Twenty-five cents a bottle. The Statesman-50 cents: month.

BANK OF FANCE SALARIES. The Pay of Managers and Clerks--The Pension Scheme. Consul General Gowdy of Paris sends to the state department the following interesting information on the internal management of the Bank of France: The staff of the Bank of France congists of 1093 employes at the central office, and 1341 at the various branches. A candidate for clerkship must be between the ages of 19 and 30 years, and pass an examination. There are several schools in which candidates are The salary at first is 2000 francs ($286) in Paris and 1800 francs ($347) at the provincial branches.

Napoleon, when he founded the bank, decreed that the first manager might call himself governor, if he liked, since titles cost nothing, and his sa'ary might be as large as the shareholders pleasedas the bank would pay: might even gO as high 2.9 60.000 francs" The business of the bank has increased ger's salary has not exceeded the limit tenfold since that time, but the he manalaid down by Napoleon, and is still, I believe, 60,000 francs but as the bank is a private company, it is difficult to obtain information regarding the salaries. The governor must hold 100 and the two sub-managers fifty shares each. Every clerk must lodge, as a guaranty, one share in bank, or sufficient government stock to produce 130 francs 525.09). The amount of the guaranty increases as the clerk rises in grade, and in the case of a manager of a provincial bank is fifteen bank shares or "rentes" sufficient to produce 780 francs ($150.54) a year. After thirty, years' service in the office, or -five years as an outdoor collector, a clerk is entitled to pension equal to half his average salary during the last three years.

This pension is increased by one-thirtieth for each year he serves beyond the regular period, but must exceed two-thirds of his yearly -New York Evening Post. ONLY A SUGGESTION. But It Has Proven of Interest and Value to Thousands. Common sense would suggest that if one wishes to become fleshy and plump it can only result from the food we eat and digest and that food should be albuminous or flesh forming food, like eggs, beefsteak and cereals; in other words the kinds of food that make flesh are the foods which form the greater part of our daily bills of fare. But the trouble is that while we eat enough and generally too much, the stomach, from abuse and overwork, does not properly digest and assimilate it, which is the reason so many people remain thin and under weight; the digestive organs do not completely digest the flesh forming beefsteak and eggs and similar wholesome food.

There are thousands of such who are really confirmed dyspeptics, although they may have no particular pain or inconvenience from their stomachs. If such persons would lay their prejudices aside and make a regular practice of taking. after each meal one or two of Stuart's Dyspepsia Tablets the food would be quickly and thoroughly digested, because these tablets contain the natural peptones and diastase which every weak stomach lacks, and by supplying this want the stomach is soon enabled to regain its natural tone and vigor. Stuart's Dyspepsia Tablets digest every form of flesh forming 100d, meat, eggs, bread and potatoes, and this is the reason they SO quickly build up, strengthen and invigorate dyspeptic men, women and children. Invalids and children, even the most delicate, use them with marked benefit as they contain no strong, irritating drugs, no cathartic nor any harmful ingredient.

Stuart's Dyspepsia Tablets is the most successful and most widely known of any remedy for stomach troubles because it is the most reasonable and scientific of modern medicines. Stuart's Dyspepsia Tablets are sold by every druggist in the United States and Canada as well as in Great Britain at 50c for complete treatment. Nothing further 5 required to cure any stomach trouble or to make thin, nervous dyspeptic people strong, plump and well. If you want a fine drive see People's Forum. the grand pageant at Laredo, February 22 and 23.

Found trip, $4. FOLLOWS FATHER'S FOOTSTEPS. George Gould's Ability Shown in Managing the Vat Estate. not knowing of the agency, LAWN-ANTICIPATION. The bysical ills and needs of an expectant mothr have been the theme of thought and stud for ages, and all physicians know that her pouliar condition requires an additional aid nature; an elasticifier for the expanding muscles and a strengthener for the sinews uponwhich is brought the strain of child weigt; so that the little one shall have perfect balth and symmetry of form a lubricatin balm that will enable her go abont with race and ease; quiet and steady nerves, and er whole being acting harmoniously for th good of herself and child.

MOTHR'S FRIEND, if used diligently throughout gitation, will soften the breasts, thereby preveting cracked and sore nipples. All tissue muscles and tendons straining with burde will soften, relax, become soothed, suppi and elastic from its continuous application All fibres in the abdominal region will spond readily to the expanding cover containg the embryo if MOTHER'S FRIEND is admisteredexternally allduring pregnancy. Arestise druggist Motherhood $1.00 per FREE. bottle. Write.

THE BADFIELD REGULATOR Atlanta, Oe. But two of the late Jay Gould's four song were in business when he died in 1892. They were the two elder sons, George J. and Edwin, says the Kansas City Journal. George Gould took business early.

Despite his father's entreaties he would not take a college couse, preferring to go into an office. Hisfather, therefore, secured for him a junbr partnership in the the head brokerage of which firm wa of Jay Connor Gould's old at broker and Intimate riend, Washington Connor. George Gould's economics, it I is said, led to disagrements and the partnership was dissoved. The young man had been apt ind Industrious, however, and so his father took him into his own office nd gave him an opportunity to becore familiar with the details of the gret business. George was a.

stulious young and stuck closely to usiness. He rapidly mastered the etails of departments, and soon wastaking inspection work and other respnsible duties off his father's shoulder. At. the time of he father's death George Gould was hischief adviser and was practically at thehead of the railroad end of the business, for which he has always shown a reference. He was able to takefull charge of the business in 1892, and the various enterprises have prospred under his management.

The Misouri Pacific and kindred enterprises hee been his especial care, and until te recent transfer of Manhattan Eleated interests to August Belmont he was president of that company, George Gould is etimated to be worth about All four of the are members of the stock exhange, George having entered it in 186. He Is, however, rarely if ever see on the Boston Post. LATEST STATE COURT DECISIONS COURTS OF CIVIL APPEALS. THIRD DISTRICT. TOO many heaters.

Call and we will give you a bargain. K. C. Miller. UNUSUAL facilitres to expert life Insurance men for special work in the southwestern states in the capacity of executive special agents for the Provident Savings Life Assurance Society of New York.

E. W. Scott, president. Address WHITNEY CHARLTON, 346 Broadway, New York, or 295 Main Dallas, Tex. $50 A DAY or more made collecting names; send 25 cents for particulars and full outfit.

Golden West Real Estate Visalia, Cal. AGENTS for useful pocket and desk novelty; sells at sight to bankers, bookkeepers, stenographers, architects and draughtsmen for 50c: sample by rail, 25c. Jared Wilcox, Box 309, O. SALESMEN WANTED. -To handle our high grade roof paint, either exclusively or as a side line; also, our complete line of lubricating oils, greases, paints and specinities; we have un excellent proposition to submit to reliable parties, and it will pay you to investigate our offer.

Address, with references, to the Harvey Oil company, Cleveland, Ohio. FURNITURE packed by experienced packers. Prices most reasonable. K. C.

Miller. GOOD commission. Saleamen who want to carry a fine bank specialty as side line. Address Lyerly Smith, Fort Worth, Texas. WANTED At once, capable traveling salesman for the state of Texas to solicit the general merchandise trade.

Address Box 608, St. Louis, Mo. WANTED--At once, experienced traveling salesman for Texas; must have a clean record and give bond. Box 514, Chicago. PERSONAL.

MAKE YOUR room comfortable by laying old papers under carpets; 25c per 100, or 500 for $1, at Statesman office. TENTS and furniture for rent by the day, week or month. K. C. Miller.

BARGAINS. FOR SALE -A four horse Otto gas engine. in thorough repair. Inquire at J. H.

Willamson's. 514 Colorado St. SEEDS, PLANTS, FLOWERS, ETC. FOR SALE--Strawberry plants: Lady Thompson. Michels and Excelsiors, packed and guaranteed to carry to any part of the state at $2.50 per 1000 1.

0. b. Alvin. Tex. L.

E. Carlton. FRANCIS BRILL, seed grower, Hempstead, Long Island, N. specialties Long Island cabbage seed, American cauliflower seed, etc. POTATOES- Bovee, Caman, Cobbler, Delaware, Empire, Enormous.

Green Mountain, Hebron, Jumbo, Thoroughbred, Ohio, Rose, Quick Crop, Queen, Sir Walter, Wonder Charles Ford, Fishers, N. Y. REAL ESTATE. $20.00 TO $25,00 per month will secure good residence in excellent neighborhood, near street cars. A rare chance.

Call on People's Building and Loan association. William G. Bell, No. 415 Congress ave. 14 66.000 acres of land in LaSalle county, Texas, $2 an acre, W.

H. Graham Cuero, Tex. FOR RENT. FOR RENT--House with 5 rooms and hall and all modern conveniences, five blocks from the postoffice. Apply at Fischer 601 West 6th St.

Both phones, 54. FOR RENT -Cheap. residence, 1204 E. 19th st. with stable.

cistern, and about 4 acres of land suitable tor dairy or chicken ranch. Apply to Levi Scott. 607 W. 19th st. 21 MONEY TO LOAN.

$6000 to $25,000 to lend on good improved city or country property at per cent. Wm. H. Stacy, agent, Litten bids. STOCKS AND BONDS SOLD -I can find a market for issues of unlisted securities, railway, trolley, industrial or mining: commission basis only.

Clientage, P. 0. Box 232, New York. OUR warehouses are the best. Store your furniture with us.

K. C. Miller. $50,000 to lend at 6 per cent on business property or farms in amounts over $2000. J.

H. Raymond, agent, Litten Bldg. 2-24 MONEY to loan on farms; no commission charged. Brown Bros. tf DOUBLE YOUR MONEYadvice on grain, cotton and stocks.

Dally letter and book free: $40 will margin 20 shares stock or 2000 grain. Each cent advance makes a proft of Accounts handled on conservative No. 2946-Gulf, Colorado and Santa Fe Railway Company VS. Fort Grain Company; Appeal from McLennan County. Opinion- The trial court instructed the jury as follows: "By interstate shipment is meant freight that is shipped from one state through and into another on a bill of lading issued by the initial carrier to be carried through from the terminal point to the point of destination, and if you find that the bill of lading was Issued to Connor and it was the intention of the parties that this shipment of freight WaS to be delivered at Copperas Cove and San Angelo, Texas, then it would be an interstate shipment under the law, and you will find as instructed above." This charge is complained of in appellant's ninth assignment of error.

This definition of an interstate shipment is not accurate. The shipment may be interstate, although transported by virtue of numerous bills of lading. The original bill of lading upon which the goods were shipped mentioned Texarkana, as the terminal point. There is evidence to the effeet that the goods were delivered at Texarkana, Texas, and there re-billed and a new bill of lading issued, upon which the property was finally transported to destination. If the purpose and intention was when the goods were shipped from St.

Louis that their final destination was Copperas Cove and San Angelo, would be an interstate shipment, notwithstanding transportation was not upon a through bill of lading. The twelfth assignment of complains of the following charge: "You are charged, if you helieve from the evidence that the Fort Grain company only acquired title to the several shipments of corn shown in evidence, after the same arrived at Texarkana, Texas, that they did not OWTI said corn at any point t. outside the state of Texas, then the shipment made by it from Texarkana, Texas, to any point in the state of Texas would be such a shipment as would be subject to the rates fixed by the railway commission of Texas. And, if you believe from the evidence that the defendant charged and collected, demanded or re. ceived from plaintiffs as freight charges, any greater rate, charge or compensation than that fixed and established by the railway commission for the transportation of such freight, then you will find for plaintiffs, 89 damages, the amount of such overcharge, if any." This charge was erroneous.

Acquiring title to the shipments of corn after their arrival at Texarkana was not the sole test by which to determine whether the shipments were or not interstate. If when the corn was started, or before it reached Texarkana, it was the purpose and intention that the corn in question should be transported to its final destination, that is Copperas Cove and San Angelo, the transportation would be interstate and not domestic, although the plaintiff may not have acquired title until after the corn reached Texarkana, Texas. The fourteenth assignment of efror complains of the charge of the court to the effect that the burden of proof was on the defendant to establish by a preponderance of the testimony that the shipment in question was interstate. The plaintifts in their petition sought to recover from the defendant on the ground that the shipment in question was domestic, and that by reason of the appellant demanding and receiving from the plaintiff the interstate rate, which was greater than the commisison rates of Texas, it subjected itself to the penalties prescribed by the statute. In other words, plaintiff's case was predicated upon the proposition that the shipment in question was not interstate, but a domestic shipment from Texarkana, Texas, to Copperas Cove and San Angelo, Texas.

Evidence of these facts was a part of the plaintiff's case, and the burden of proof was upon the plaintiff to establish the facts as pleaded. Therefore, the charge complained of was erroneous. We have carefully examined all of the remaining assignments of error, and reach the conclusion that they are not well taken. For the errors indicated, the judgment is reversed and the cause remanded. Reversed and remanded.

FISHER, Chief Justice. N. 2955-W. G. Low, Appellant, VS.

S. P. Moore, Appellee; Appeal from the County Court of McCulloch County. Opinion-Apellant brought this suit in the justice's court for the conversion of a buggy, and sought judgment, and either for damages the for its possession detention, of the or buggy for its value with interest. Upon appeal to the county court a I jury trial was had, and from a verdict land judgment in favor of the defendant, this appeal is prosecuted.

The following facts are Appellant was living at Brownwood. Texas, and engaged one W. C. Hildebrand, who lived at Brady, Texas, to act as his agent in the sale of some buggies. The following agreement was, executed: "Brownwood, Texas, May 15, 1902.

G. Low, this day agree to furnish W. C. Hildebrand a few jobs of spring work wagons as long as satisfactory, with the express understanding that he shall sell them at Brady, Texas, and gives the said W. G.

Low a note with lien on said vehicles with 10 per cent interest and approved by W. D. Carothers, Brady, Texas, payable in cash or note not later than October 1, 1902, with 10 per cent add. to wagon sale above invoice price: 20 per cent above invoice price of spring vehicles. The above 10 per cent and 20 per cent to be applied to the credit of W.

C. Hildebrand when collected by said Low. (Signed)' C. HILDEBRAND." Under this contract, Hildebrand took the buggy in question to Brady, Texas, and left it in the livery stable of appellee. Hildebrand appellee about $160 on account.

and appellee, posing Hildebrand bought to it be the owner of the buggy, from him at an agreed price of $87.50, and paid for it ty crediting Hildebrand's account with that amount, to which arrangement Hildebrand agreed. Appellant Low ascertained these facts and demanded possession of the buggy, and upon being refused, brought this suit to recover It. The only pleadings of the defendant were a general denial and a special plea alleging a purchase for value in good faith from Hildebrand, and without knowledge of any title or claim on the part of appellant. The court charged the jury as follows: "That where 0. principal intrusts the possession of his goods with an agent.

and a person deals with an agent as. the principal, without knowledge of the agency he may set off before any claim he unde- has against the agent he is ceived, in answer to the demand of the principal; and in this case, if you believe from the evidence that W. C. Hildebrand was the agent of the plaintiff, W. G.

Low, and that said Low entrusted his goods with said Hildebrand, and that the defendant. S. P. Moore purchased the buggy involved in this suit from W. C.

Hildebrand, not knowing that he, the said Hildehrand, was the agent of this piaintiff, then the defendant Moore would have a right to off -set any claim he had against said Hildebrand in payment of said buggy. "You are instructed that in order to constitute a contract. it is necessary that the of the two parties must come together and considerations agree of upon the all the terms and contract. A prieipal is liable for the acts of his agent done within the scope of his employment. An agent, notwithstanding private instuctions, may, within the limit of his agency, bind his principal, unless the person or party dealing with the agent knew of such instructions.

If either party must suffer from the acts of an agent. it must be the party whose agent he is. If you believe from the evidence that W. C. Hildebrand, acting as agent for plaintiff W.

G. Low sold and delivered to defendant S. P. Moore the buggy in controversy, and that said defendant Moore knew at the time of such sale that W. C.

Hildebrand was the agent of W. G. Low, and that said buggy was the property of W. G. Low, the plaintiff herein, then in that event you will find for the plaintiff the value of same, and the reasonable hire of same, per day, from the 19th day of June, D.

1902." Appellant's first assignment of error assails that portion of the charge which authorizes the jury to off -set plaintiff's claim with the indebtedness owing by the agent of the defendant, and this assignment is sustained. The propositions of law stated in the charge are correct, and are supported by abundant authority in cases where they are applicable, but they do not apply to the facts of this case. If an agent enters into a contract as though made for himself and the existence of a principal is not disclosed, the principal may generally enforce the contract; and if he does SO and assumes the benefits of the if the agent has been invested with the indicia of ownership, the principal must take the burdens, as well as the of the contract. He must, in such case, take the contract subject to all the equities existing between the third party and the agent. These principle, however, are to the further rule that the principal may recover his own property or its value, from third persons, when it has been transferred or disposed of by an agent contrary to his instructions or duty; and to defeat the operation of this rule, the purchaser must show two things: First--That the principal has invested agent with the indicia of title to the or authority to make such disposition; and Second--That he bought the property in good faith, without notice, and paid a valuable consideration.

It has been held in some cases that the mere possession of property, by whatever means obtained. is not a sufficient indication of ownership to create any rights in favor of a third person purchasing property; and it is suggested that the principal or owner must do something more than merely deliver the possession of the property to the agent before he can be prejudiced by an unauthorized sale by the ragent. The facts in this case, however, do go a step further than mere delivery of possession to the agent; and it might possibly be said that the agent was invested with the indicia of ownership. But the second requirement not met. The appellee in this case did not pay anything which is in law deemed of value when he purchased the buggy.

As said in Barnard vs. Campbell (65 N. 456), the purchaser "must have acted and parted with value upon the faith of such apparent ownership or authority, so that he will be the loser if the appearances to which he trusted are not real," A purchaser who simply credits the price upon a pre-existing indebtedness does not part with anything of value. (Overstreet vs. Manning, 57 657: McKamy vs.

Thorp, 61 648.) Hence, the rule has been established that "where an agent, as such. having general authority to sell, transfers his principal's goods to a third party in payment of his (the agent's) debt, the principal may, 88 a general rule, recover from the third party the goods so transferred, or the value thereof." (Am. Eng. Ency. Law, 2nd Vol.

1, p. 1174.) Many authorities are cited in support of this rule, among others the case of Warner vs. Martin by the supreme court of the United States (11 224). in which it is said: "A factor or agent who has power to sell the produce of his principal has no power to affect the property by tortuously pledging it as security or satisfaction for a debt of his own, and it is no consequence that the pledgee is ignorant of the factor's not being the owner. When goods are so pledged or disposed of, the principal may recover them back by an action of trover against the pawnee, without tendering to the factor what may be due to him, and without any tender to the pawnee for which the goods were pledged, or without any demand for such goods; and it is no excuse that to the pawnee was wholly ignorant that he who held the goods held them as a mere agent or factor." (G8 170), it is snid: "If the So in the case of Rodick vs.

of an article of personal property delivers it to another to sell. the latter has no right to deliver it to his creditor in payment of his own pre-existing debt; and if he does so, the owner may maintain trover against the creditor without a previous demand." Many other cases are to the same. effect. We are therefore of the opinion that, under the evidence in this case. the court should have instructed the jury to find for the plaintiff, leaving them only to ascertain the value of the buggy and the damages to which plaintiff was entitled for its detention.

We are asked not only to reverse this case, but also to render Judgment for appellant: but the evidence is not in such condition as to authorize us to do so. The plaintiff testified that the buggy was worth in the market from $110 to $120. It was sold, however, by Hildebrand for $87.50, and there was evidence to show that the cost price of the buggy was only $82.50. We are also unable from the record to say precisely the amount to which plaintiff would be entitled for the detention of the buggy, the only evidence being that of the defendant, who testifles that he hired out buggies at a dollar a day. What we have said above will sufficiently indicate our views without passing separately upon each assignment of error.

Because of the errors out In the charge of the court, Pointed, judgment is reversed the cause remanded. remanded. SAM STREETMAN, Associate Justice, FIRST DISTRICT. No. 3141-Mrs.

M. Watts et Appellants, vs. Charles G. Bruce et Appellees; Appeal from Hardin County. In response to the motion of appel- lards for additional conclusions of facts and law we find the following: On the 11th day of August, 1883, J.

F. Coton for a recited consideration cf $500 executed and delivered to his wife, E. G. Cotton, conveying to her the land in controversy, and it was duly placed of record on same day. J.

F. Cotton testified that the consideration for this deed was a debt due by him to his wife, he having years prior to its date used some of her separate means and wished to repay her. The deed did not recite that the land should become her separate estate. The certificate of acknowledgment began: "The State of Texas, County of HarIt recited it was a given undin." der the hand and seal of the officer taking, and is signed 0. Lane, C.

C. C. IL. by E. H.

Collins, Dept." Its execution was proved upon the trial by the vendor, J. F. Cotton, who was a witness in the case. This instrument was adduced in evidence over the protest of appellants, who objected to its admission. First--Because it showed on its face that was not acknowledged before any officer authorized by law to take acknowledgments.

Second-Because there was no impress of the seal of the officer thereon; and Third--Because there was nothing on the face of the deed to show that the land was paid for with the separate means of the grantee or that same was a part of her separate esbecome tate and that "Watts purchased without notice of her equity." Appellant's seventh assignment of error in which it undertakes to present these objections to this court is followed neither by proposition nor statement, and nowhere made to appear in appellant's brief that these criticisms of the instrument are borne out by the record. For these reasons we did not: discuss the asisgnment in the main opinion, and for a like reason we do not further notice it now, further than to dispose of the effect of the deed as evidence. Even in the absence of the testimony of J. F. Cotton as to the purpose of the deed its effect would have been to place the title to the property in the wife in her separate right.

Story VS. Marshall, 24 306: Lewis vs. Simon, 72 475; Frank vs. Frank, 25 S. 819; Callahan vs.

Houston, 78 494. In the absence of affirmative proof that P. S. Watts, bought at sheriff's sale without notice and for value, appellees needed the deed for no other purpose than to show title in Mrs. G.

Cotton prior to Watt's purchase, and this it effectively did. On the issue of limitation plaintiffs showed that J. R. Bevil, W. G.

Wallis and D. H. Hart ran a saw mill on the land in question, though not continuously, from December, 1884, until the spring of 1889 under a contract with Watts, as owner of the land. In 1887 W. went upon the land under a contract, with Watts as owner by the which he was promised 160 acres thereof when the title was perfected.

Under this contract inCotton built houses on W. portion of and continued ta occupy and cultivate a portion thereof and was in possession when the suit was brought. He had, however, within the eight preceding the suit made three attempts to file upon acres homestead, and in one Instance "had notified some of the heirs of Watts of his purpose. He also stated that he was holding only 160 a acres It is does and plain that that for the himself. three years' statute not apply because the sheriff's sale occurred after the title had passed to the wife of E.

G. Cotton. Wright Daily, 26 731; Snowden vs Rusk, 69 594. The five years' statute does not apply because no deed of record and nd payment of taxes was shown. The ten years' statute can not avail appellants because since no written muniment of title was of record they could claim under the naked possession of W.

F. Cotton no more than 160 acres. R. Art. 3344.

And as that we think the evidence sufficient to support the conclusion of the trial judge that for a part of the time Cotton was claiming that for himself and not for the heirs of Watts, and that his possession under his claim for Watts Was not for a sufficient time to complete they ten do not years' deem bar. it necessary, as regards the action of the trial court in setting aside the judgment by default rendered against J. F. Smith, to add anything to what was said in the main opinion. The matters inducing the court's action appear without dispute.

We stated in the main opinion that P. S. Watts, deceased, purchased the land at sheriff's sale. This finding is not complained but is not technically accurate. find confederate land scrip which had been issued to Mary E.

Hopkins had been located upon the land in controversy, but patent had not been issued. The sheriff levied upon land sold this scrip. J. F. Cotton, after the location of the scrip and before the levy and sale.

sold and conveyed the land to his wife. There is no difference in legal effect as the scrip when located and the land surveyed was merged in the land and became real estate and deed to Mrs. Cotton passed the title to her. Abernathy vs. Stone, 81 434; East vs.

Dugan, 79 330. We had not regarded a fuller finding than that contained in the main opinion necessary or useful to appellants' rights, either on motion for rehearing or elsewhere, but in deference the opinion of counsel for appellants we have prepared the above. (Signed) W. H. GILL, Associate Justice.

Delivered February 12, 1903, Filed February 17, 1903. If you are interester in the city read The People's Forum today. the grand pageant at Laredo, ruary 22 and 23. Round $4. 3 3 9 -THEALGONA HOTEL Llano, Texas E.

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