The Austin Weekly Statesman from Austin, Texas • Page 5

THE STATESMAN. AUSTIN. TEXAS. THE HIGHER COUlCTS. REPOBTKO BT J.

3. LANK. Supreme Court. AUSTIN TERM, 1883. SYNOPSIS OK OPINIONS RENDEKKD.

Parties desiring information ukiii matters concerning the liinlier courts will receive sucD ly riting our court re port er. FRIDAY. The following cases were decided yesterday S. C. Upham vs.

W. W. Chapman, iroin Hill county; judgment affirmed. West, A. A.

M. Wilson vs. M. C. and J.

S. Helms etal, from Collin county reversed and rendered appellant. Stay ton, A. J. li.

S. Willis vs. Leavis Moore etal, from Falls county allirmed. A. J.

Stayton. A. J. Wm. Wahomond et al vs.

C. II. Merritt et al, from Tom Green county, reversed and reformed, so as to decree the entire 640 acres of land subject to the lien, and ordered sold lor its satisfaction. Willie, C. J.

Opinions of the court of commissioners of appeals were adopted in the following cases: John li. Shearn vs. J. S. Davis, from Coryell county; judgment reversed and rendered.

Opinion ly Walker, J. Wm. Brown et al vs. C. M.

McLen-an, from Falls county; affirmed. Opinion by Watts, J. W. A. Taylor and wife vs.

Theo. Bland, from Taylor county (Judge West not sitting); reversed and remanded. Opinion by Watts, J. llachel Miller vs. John M.

Revere, from McLenan county; affirmed: Opinion by Walker. J. Johnson Park vs. Bruno Dart; from Limestone county. Veversed and rendered on award of commissioners of appeals.

Ilearne and Port Sullivan bridge company vs. lnsley, Shire from Roliertson county. Reversed and remanded on award of commissioners of appeals, M. E. Hertzburg vs.

Houston and Texas Central railway company, the case in which a drummer got judgment on account of the road refusing to pass him on a ticket which had been exchanged for that of another drummer, so they could exchange routes of travel. A motion for a rehearing was submitted. Similar motion as above was submitted in the case of H. A. Burrow vs.

C. X. Brown, administrator. In Shearer vs. Davis above the judgment is reversed as to so much of the amount of it as is in excess of the value of the land from which the plaintiff was evicted, and the supreme court should render judgment against defendants for $420 with 8 per cent from May 12, 1875, to September 8, 18T7.

the date of the judgment, mak ing in all $449.40, with legal interest thereon irom saiu aepteiuuei oi t. In Willis vs. Moore et al the deed in trust made by Lewis Moore to secure the notes executed by him to Reed and Smith having been duly re- held, that A. J. Gill bought the interest of Lewis Moore in the crop upon the land on the first of August.

1881, with notice of whatever right the appellant, by virtue of the transfer on the notes which carried with them as an incident the security evidenced by he trust deed, had in the crops then standing, ungathered upon the land. There might be some difficulty in determining the true relation which existed between Ltwis Moore and Gill under the agreement of December 24, 1879; but it is treated by ap pellant's counsel as a partnership, in which, for their mutual benefit, the land was cultivated bv the latter, the material for that purpose being in wart furnished be eich, the net proceeds to be equally di vided between them. This is urobably the true relationship of the parties, rather than that they were landlord and tenants, and we ill so consider them in disposing of the ease. The question for our decision is: Is the purchaser of mortgaged lands as against the mortgager, or any person claiming under him by al Durchase of the crops, entitled to uiih irnna as worn standing- unsrath- ered the land at the time ot his purchase A. J.

Gill does not necessarily stand in the same relation to this question as would Lewis Moore were he the claimant. Justice Stavton. as the organ of the court, argues this question in an able law and precidents from English as well as American authorities. It can- not be Questioned, he says, that in England and in many of the states of this union the mortgagee is deemed the holder of the legal titles, and that upon ch title he mav maintain ejectment against the mertgagar. Ana wnere such is the rule, many decisions are "to beound, in which it is held, that neither a mortgager nor a tenant un- derhim.

claiming through a lease made after the execution of the mort gage, is entitled to carry away the crops growing upon the mortgaged land at the time of foreclosure, or ac- tual entry by the mortgagee; and this upon the theory that from the date of the mortgage the mortgager is but a tenant nt sufferance; and that a lease made by him being unau- thorized worked a disseizin. The case Lane vs. King, in 8th Wendell, page 585, in which the English ion "by Lord Mansfield, in Keech vs. Hall, 21 Douglass, referred to, is I piled as a leadisxj case in America. Jn this state frhas been held, from an early day, that a mortgage is but a security for a debt; that the title to property mortgaged remains in the mortgager, and with it the right ot possession, which is one of the ordi-' nary incidents of title.

Such being the legal effect of a mortgage in this state, it will be readily seen that the foundation upon which the rights ot mortgagers is based in England and some ot the states wholly fails fas illustrated by Justice Stavton in the specifications of the rules governing there and here). There is no such thing in our practice as the right to ladeem after foreclosure which is jnade by sale. If there be nothing in the contract of the Darties by which land is con veyed, nor in the circumstances attending the sale, evidencing intention nntiAo that, prnna rtwirlv nr quite matured should pass with land it la Hirtionlt. t.r sen. UDon what I in.

it can be held, that property strict! personal in its character hMilil oasa bv an instrument which upon Its face purports to convey land. The weight of authority, however, is to the effect, that such crops will pass by the sale of the land if they belong to the owner of the land at time of sale. As, however, the crops are separate and distinct in their na ture from the land upon which they grow, the ownership of the one. even on mortgaged property may be in one person, and the title to the other in Anther, and whenever crops, grow ing or standing upon land would, bv a lien given by the owner of the land, or acquired by law, have in law or in fact been severed in own ership or aetuallv severed from the land Drior to sale of the land under the lien, title thereto will not pass by the foreclosure of the lien. Held: A mortgager is entitled to sever in law or in fact the crops which stand upon his land at any time prior to the destruction of his title by sale under the mortgage.

This results from his ownersnip and consequent right to the use and profits of his land, and the mortgage is taken with the knowledge or mas i act. stayton. A. J. Vote.

The presentation of the por trait of ex-Chief Justice Hemphill will be made to the supreme court on behalf of the bar of Austin at ten o'clock this morniDg in the court room. An address will be niado by ex-Gov. Roberta and responded to by i'hiet Justice lite. SATURDAY. Cases were disposed of by this court yesterday as follows error iroin inrocKiuoraon coumy.

Reversed and remanded. Willson, J. Cleveland Cameron vs. J. Jr.

Wil liams, from McLennan county. Motion for rehearing overruled. "Will-son, J. Mary JS. Jfcorrester vs.

iuizaoetn McXuttet. Johnson county. Motion to dismiss writ of error granted. narry isorton vs. state, irum mar county.

Atnrmea. accusbu was sentenced for lite. J. T. Dargan vs.

P. P. Cary, from Dallas county. Reversed and remanded. Hurt, J.

L. II. Maddox vs. state, from Mi lam county. Motion for rehearing overruled.

Hurt, J. Exparte George Moore, halieas cor pus, trom mint county. Anirmeu. Moore was convicted of murder. Jeff Langston vs.

state, from ic- toria county. Theft of McCrabs cow. Atlirmed. Black et al vs. state, three cases.

In error from McCullough county. Affirmed. Forfeited bonds. Central Texas and Northwestern railway company vs. Luck, from Ellis county.

Atlirmed. The case of W. i Leader vs. city of Austin; claim for printing argued by Messrs .1. W.

Robertson and Alex. Jackson, jr. and submitted. The case of McFall, city engineer, vs. city of Austin for amount of re- auction of his salary was submitted without argument.

ltznugh vs. uause et ai irom Dallas. Motion to affirm on certifi cate and counters. Motion to file transcripts and for certiorari sub mitted. Bowling vs.

state from Washington county. Submitted on briefs tor the state. White vs. state, from Lamar coun ty. Same disposition.

Prather vs. state, from Bosque county. Same disposition. Williams vs. state trom Atascosa county.

Submitted on briefs of both parties. in Cleveland tv Cameron vs. Wil liams (motion for rehearing) Williams sued Neil Kelly for 538.0:i and at same time obtained a writ of garnishment upon appellants, which was duty served, ana wnicn tney an swered under oath denying any indebtedness to Neil Kelly, and de nying that they had any property or effects belonging to Xeil it Kelly. This answer was controverted by ap pellee in the manner provided by the statute (II. Art.

211). Verdict and judgment were for appellee; but prior to this judgment against the garni- sheer appellee recovered a judgment against Neil Kelley in the suit in winch the garnishment- had issued. It is contended oy appellants that the drawing of the orders by Neil Kelly operated as an equitable as signment upon the fund upon which they were drawn, pro tants, and that tney became liable to pay said orders to the holders to the extent of the funds in their hands, whether they had accepted said order or not. Held In so far as the orders given by Neil in settlemenc of his individual indebtedness are concerned, they did not have the effect of assigning any further of the fund, or to remove one centof it beyond the reach of the firm creditors of Neil Kelly, Neil having no authority to settle his individual indebtness with funds belonging to the firm, and Cleveland Cameron having been duly notified by Kelly of the illegality of the orders, aud notified not to accept or pay them. If they have seen proper to disregard this timely warning, and to pay or make themselves liable to pay these orders, it is their own affair, and they must abide the consequence.

They cannot be heard to complain of such liability or loss as against a firm creditor. As to, the question of excluding the debt of John Carson, for which debt appellants say they bad been previously garnisheed, and for the payment of which they are responsible, it is further held that if the orders given by Neil Kelly perated as an assignment of the fund pro touts, as appellants contend, which is the cor rect rule, then these orders must take precedence of Carson's debt, and must be fully satisfied before any portion ot the tund can be appropriated by Carson's attachment. If appellants have suffered Carson to obtain against them a judgment for his debt, they knowing and being able to prove that the funds in their hands had been assigned to other creditors of Neil Kelly, they cannot set up such judgment in bar of. such other creditors claims. Motion for rehearing is overruled Willson, J.

Conrt of Commissioners of Appeals. R.H.Walker, Presiding A. T. Watts and v. S.

Dclauev. Associates. MONDAY. Opinions were rendered by this court yesterday, subject to adoption by the supreme court, to become final, in the following cases: R. H.

West vs. R. E. Burk from Dallas county, Reversed ana re manded. Delaney, J.

E. B. Smith et al vs. W. G.

Veal from Limestone county. Affirmed. Delaney. J. R.

A. Jones vs. M. A. Hazlewood from Falls county.

Affirmed. De laney, J. PIIowlin and wife vs. A. Brad shaw from Ellis county.

Affirmed. Delanev. J. R. D.

Compton et al vs. Waco Bridge company from McLennan county. Reversed and remanded. Watts. J.

Parker county vs. John II. Glaze from Parker county. Reversed and remanded. Walker, P.

L. Slaughter vs. William Owens: from Lampasas county. Reversed and remanded. Walker, THE COURTS.

District Court. A. S. Walker. Presiding; J.

P. Hart. Clerk. FRIDAY. Peter Robinson was tried yesterday on a charge of having stolun a live-dollar bill from Hiram Sneed, both parties being colored persons.

Hiram claimed to have recognized, by mark, the bill Peter possession, The jury rendered a verdict of guilty, Sentenced to two years inthepeni entiary. Manly L. Hester yesterday filed suit in this court against the Interna' tional railroad for $25,000 damages for injuries sustained by the collision of a train ot cars with a hand car wnicn Hester and others was ordered to re move from the track, while the train was near them and it was too dark and cloudy to realize their danger. His thigh was broken and his frontal headbone was fractured. Smith and Trigg, attorneys.

U.S. District Court. on. K. B.

Turner, presiding The case of M. Hamilton va. Alexander Anderson, et a suit for trespass to try title for land, was be ing tried in this court yesterday, WTalton Hill for plaintiff, and Messrs. Smith, and Sheeks SneeJ, attorneys for the defendant. Gen, WruL of Galveston, and J.

Wells, of Brownsville, are expected to argue a motion to vacate the receivership of the Rio Grande railroad. District Conrt A. 8. Walker, presiding; J. P.

Hart, clerk. SATURDAY. Yesterday was motion day in this court. Motions were overruled and defendants sentenced in the cases of Bost Robinson. Charley Comfort.

Dave Hart, Manuel Hernandez, John Benford, Sterling Gray, Chas. Horn and Isam Gerald. Eva Terry was granted a divorce from as. A. Terry, and Mrs.

Terry was allowed to resume her maiden name of Porter. Suit for divorce was filed by R. A Howard against Virginia C. Howard The allegations are that they were married in New Orleans in 1858, and that Virginia left him in 1867, and that he has not seen or heard of her sincei. Justice's Conrt Precinct 'o.

3. Wm. Von Rosenberg, presiding. In the case of the state of Texas vs. Gustavus Frick, for selling spoiled sausage meat, the jury went out at foui p.

in. Friday and were held until nine a. m. yesterday, when they failed to agree, owing, as the other live reported in writing to the court, to the the sixth juror being crazy and an un mistakable crank. District Conrt.

S. Walker, Presiding; J. P. Hart, Clerk. MONDAY.

The case of Walter Morgan, charged with murder, in the killing of an employe in Cloud's livery stable, fixed for trial yesterday, was continued till next term on account of the absence of witnesses. The case of Daniel Clinger, charged with the theft of cattle was con tinued till the 10th of July. The case of J. L. Pierce, charged with the theft of pictures; from Mrs.

Edna White, conies up July ltf. Justice CourtPrecinct Win. Von Rosenberg, presiding. Alin was vesterdav iailed in default of $200 bond for theft of $8 worth of clothing trom Amos Collins and Louis Tinnon. Parties all colored.

Clark Ilendrickson, arrested for cutting the residence of Charles Def- tenbaugh and rudly brandishing a weapon, is to lie heard on tne cnarge. The case of Kicker vs. regg, suit for rent of a farm. Most of the evidence was heard and the case continued till 2 o'clock this evening. Inquests, as elsewhere noticed, were held on the remains (dry bones) of an infant, found under the bridge of the International railroad, near where it crosses the Colorado; and on the body of a negro boy drowned in the river.

The case ot tne totate vs. James Byrne, for selling liquor on Sunday, was set tor hearing at a ciock tins morning. The case ot an employe in tne tele graph office at Houston Texas.charged with false swearing as to some or tne workings of the office, was continued to await witnesses from Houston. The accused will apply for a habeas corpus. United Mates court.

lion. K. B. Turner, presidine. Tho case of M.

F. Fernandez et al vs. Kio uraude ranroau, netstone iv Co. intervenors; an application lor discontinuance of the receivership nder M. J.

Gomitta. receiver, was argued yesterday on demurrers. It was contended oy Messrs. waul and Wells that Whetstone who are stockholders of the road, could not appear in chancery by intervention; that they must first make themselves parties plaintiffs or defendants, and show besides on such application suf ficient ground lor their appearance by cross-bill, in which they must then be permitted to appear. Judge Turner ruled not to disturb the receivership.

In the ease ot Morgan G. Hamilton vs. Alexander Anderson, argued Saturday, the jury gave a verdict for de fendant for the land in controversy. based on difference in conflict of sur- ey. DEPARTMENT SOTES.

FRIDAY. Patents are now being issued e.uite rapidly from the general land office. Ueputy internal Kevenue collector Johnson has returned and made his report to Collector Ludlow as to the inspection of claims for rebates from the Brenham tlistrict. The deputies have to affirm to the correctness of claims as based upon the testimony of responsible witnesses. The penitentiary board met yester day and considered a proportion from b-contractors ot the new capitoi to lease convicts to work in the rock quarries in the mountain.

The question was whether the contract could, under the very restrictive law. be made, and the board decided that, for the specific purpose named, it could. The application was referred to the superintendent of the peniten tiary, and very likely a confaot lor the labor desired will be made. About (500 tracts of land were yes terday stricken from the advertised list of lands for sale in the unorganized counties. Parties generally are paying up their delinquent taxes in all parts of the state.

SATURDAY. BOARD OF EDUCATION. Competitive examinations for stu dents from Texas to be admitted to the Nashville Normal College, will be held as follows: At Mineki, Houston, Whitesboro, Austin and Granberry, all on the 26th of July. There are five to be appointed. Applicants need not write to the secretary of the Board of Edu cation as they can apply in person at any ot the aboye points.

Persons or either sex, over eighteen years of age, can apply for the appointment. STATE DEPARTMENT. The amended charter of the Kim- berline Real Estate and Live Stock Associatoin, increasing the capital stock from $300,000 to $600,000, was tiled yesterday with the Secretary of State. MONDAY. STATE DEPARTMENT.

Charters were hied yesterday as follows: Palestine Fish Raising and Horticultural association stock Colorado Publishing company, of Colorado City capital North Texas cooperative association of the natrons of husbandry, of Seago- ville. in Kaufman county, and the amended charter of the Paris Cotton Compress company, increasing the capital stock $60,000. COMPTROLLER'S DEPARTMENT. Yesterday being the final day for paving state taxes before sale to-day, the clerks were busy making out re ceipts for taxes. About 2b0 tracts ot land were stricken from the list yes terday and receipts issued to the tax- pavers.

The sales for unpaid taxes will commence tnis morning between 8 a. m. and 4 p. in front of the state house, and continue daily until conclusion. There are about 2,000 tracts, mostly alternate sections of 540 acres each remaining to be sold.

ALLEGED QUARANTINE VIOLATION. Dr. Swearingen yesterday received the following telegram trom ur, Main, quarantine office at Brownsville, Texas: Dr. R. M.

Swearingen, State Health Officer: A. J. Roberts for violation of quar antine, brought to Brownsville and given to the authorities, has been re leased on straw bonds. I wish to send him to Brazos Station, where he ought to go. Dr.

Wolfe district. TelesrraDn snerin: ot Cameron county to assist me, or he will not do it. Says he fears to compromise him self. J. L.amberton not orougnt in vet.

J. W. Main. Dr. S.

had not replied at last ac counts. land department. Commissioner Walsh is in frequent receipt of letters from parties in the North inquiring as to land certin cates, what they are worth and where they mav be located. Persons going North have been selling these certificates at considerable benefit to themselves when the fact is they are comparatively worthless, as lands subject to their location have been exhausted. Sudden Death.

We are pained to chronicle the death of Mrs. Mary A. Watson, wife of Capt. T.iP. Watson, of the treas ury department, which occurred about 5 o' block yesterday afternoon.

About 4 o'clock she was in the office of the treasurer, apparently well, and indulging in lively converse with Gov. Lubbock and others, and from there proceeded directly home. Soon CaDt. Watson was summoned to at tend her. and before the family phy aician could arrive she was dead.

This is a terrible sorrow to her family and a large circle of friends, and the Statesman begs to offer its sincere condolence to the bereaved ones. The funeral occurs from the Catholic church at 5 o'clock this The Right Fse. A mother noticing her little daugh ter wipe her mouth with her dress sleeve, asked her what her handker chief was for. Said the little one "It's to shake at the ladies on the street. That's what papa does with his." And now Mollie's ma always goes down town with her pa.

"Cracked a Crib." The above is the classical phrase, in burglar nomenclature, for "a house burglarized. The grocery store or Mr. Schroeder. on the corner of Mul berry and Nueces streets, was entered Thursday nignt by tearing on tne weather-boards from a portion. The thief evidently wanted money, as nothing else was missing.

But in this the thief was badly disappointed, as only a few stray nickels were in the drawer. Good for Austin. The following is from the Corpus Christi Critic: "Something curious in judicial mat ters has occurred in Austin. A batch of lost indictments have been found. Experience teaches us that such things do not come to pass very often; in fact, we believe it is the first time in the history of Texiis, as a state, that a lost indictment has ever made its appearance again in the hies ot a court." This speaks well for Austin; and is in fact, ust the Kind of place it is and such a state of affairs naturally makes the people of Texas proud ot their Capitol City.

But the States man hopes that the above piece ot cynicism does not insinuate that Cor pus Christi is antipodal to Austin, ethically considered. Church Works of Charity. The good ladies of the Baptist church and congregation are about to orgamze a Dorcas society, which, as the name implies, will seek to aid poor widows and children by a judi cious charity. Its main object will be a distribution ot such clothing as may be contributed, the procuring of medicines, giving assistance in paying rent, obtaining fuel, etc. In no way will it seek to foster idleness or vice, but by discriminating charity aid the worthy poor to become selt-support- ng.

This society meets on Saturday it 5 p. in basement of pastor's study in Baptist church. All ladieF, true friends ot the widow, the orphan and the helpless poor are invited to meet with them. Another Railroad for Austin. Tho International railroad com pany has had a survey made for a branch of their road from Austin towards the country west of here, in rder to secure the immense trade that awaits the first railroad from that region.

It is more than likely that tho track to the Oatmanville quarries will be built from here in stead of from Summit, so as to ex tend it on from there to Fredericksburg. The Sunset is now surveying in that country and are hurrying up their work on account of the fact that the International is looking that way. A road out there would pay and Austin is the proper place from which to start. A Few Figures gentleman with statistical turn handed the Statesman the following yesterday, with the inquiry: Why do so many missionaries go to China, if the following is awful The whisky drinkers of Illinois consumed last year 860,000,000 worth of the fiery liquid. In Chicago alone there are 3750 drinking saloons, and, estimating the receipts of these saloons at from $10 to $175 daily, the total amount annually expended in Chicago at the counters is $32,082,750, or more than $50 per capita for every man, woman and child in the city.

The proportion of drinking saloons in Chicago is one to every ltlO of population, and in the state of Illinois there is one retail liquor dealer to very 270 inhabitants. There are in the United States 170,000 retail liquor dealers, whose annual sales probably amount to $930,800,000, or $18.60 per capita for the whole population of the country. It is estimated that 90 per cent, of the liquor consumed goes down the throats of the male population, who annually expend upon the gratification of their appetites for drink the enormous sum of Art Department Want of room in the St. Mary's academy necessitated the removal of the studio early in the spring, to the square lately purchased by the Sisters of the Holy Cross, in view of erecting a new institution. A portion of the small old central building, known as "Deffan Cottage," or, a score of years previous, as the "Governor's Mansion," is now utilized for this purpose.

The afternoon of instant, alter tne closing exercises at the academy, the invited guests proceeded to the studio in charge of Sister Florentine, where work was exhibited and prizes awarded to the pupils who had been receiving in structions during the term. Sister Florentine is a lady who is not only pos sessed ot remarkably nne talent as an artist, but she is thoroughly accom plished the art ot imparting her knowledge and skill to others, as the remarkably fine work done by her pupils will show. A statesman reporter was allowed to go through the study yesterday, and, of course he feels compelled to tell a few things learned. The studio is an art room indeed; and all available spaces are taken up with evidences oi the skill ana ability ot those taking lessons. We would like to mention the work of all the pupils as indicated by cards attached to each specimen; as there was none except such as wouia compel creditable men tion; but space forbids.

Sister Flor entine teaches directly from nature, the only true model, after all, and the range is, as shown in he numerous and beautiful specimens presented, embracing drawing in pencil work, crayon, water and oil colors, plaque or china decorations, paintings online fabrics, etc. The following ladies of Austin, who have heretofore moderately kept back the fact of their proficiency in the "divine art, have been pupils there for sometime, their paintings are all very fine indeed such as would command attention anywhere Miss Annie V. Newton, several specimens espe cially a large calla lily; Miss Em ily Wheelock, several specimens, di rectly irom nature; Jiiss iiessie Anderson, a beautiful table scarf, with flowers and wheat, in oil; the "Arab's prayer," by Mrs. Judge Z. T.Fulmore; Miss Mary Reynolds, a number of ob jects in perspective, directly from na ture, and true enough tor photographs.

Sister lorentine says tnat when pupils go through the entirelore, they will be fitted to stand alone in their work without calling in a teacher again, unless they wish to attend the great academies of high art in the east; in which every girl uow here could take first rank anywhere. ew people know ot such a school in our midst, and it will pav all to visit the studio on Hickory street, between Brazos and San Antonio streets. Important to Dealers. A numerous class of our readers, who are directly interested, will do well to note the fact that the recent change in the international revenue laws, under the provisions of the act of March 3rd, 1883, repeals the special classification of alcoholic bitters, which has heretofore been made. On and after July 1st, 1883, distilled spir its, wine, or other spirituous liquors, when mixed with other material and held out to the public as patent medi cines, or compounds under any name.

form or guise, can only be manufac tured by persons who have paid special taxes as rectifiers, and can be sold only by persons who haye paid special tax as liquor dealers. This is a serious and important change, and brings within the liability of the United States special tax as liquor dealers on and after the first of uly, a multitude of merchants selling pat ent compounds having alcohol as a base, who are now exempt from the liquor tax. THE PRESENTATION OF THE VORTRAir OF CHIEF JUSTICE HEMPHILL TO THE SUPREME COURT OF TEXAS, AT AUSTIN, JUJE Addresses of Ex-Governor and For nierly Chief Justice Roberts and Chief Justice A Willie. Ex Gov. Roberts spoke as follows: May it please the court: I appear by the request of the bar of Austin to present to you the portrait of the Hon.

John. Hemphill, formerly the chief justice of the supreme court of Texas, which they had painted, and which i3 now tendered on their be half, it affords me pleasure to per form this service. His likeness ex hibited in this room, should inspire both the bench and the bar to imitate the wisdom displayed by him as chief justice ofjthis court during the jeriod of eighteen years. He, by his education, his patient in dustry and his conservatism was peculiarly fitted to till his position as the head of this court in the great work of laying the foundations of, and of giving shape to the jurisprudence of Texas during the early period of its existence. The scope of and wrongs to be investigated and decided was very broad and various, embracing those arising under the Spanish civil law, and the laws of the Indies, while Texas was a Spanish province, those under the laws of Mexico, and the state of Coahuila and Texas, and those under the laws of the republic of Texas, in which the common law of England was adopted in 1840, and those under the law of the state of Texas as part of the United States after 1845.

Parts of all the system of laws in modified form were retained, and blended in one ever changing body of laws to be passed upon. To consistently harmonize them required the calm deliberate judgment, the extensive research, and the studious habits, which characterized his whole life while on the bench. In this he was greatly aided by his early associates, Justices Lipscomb and Wheeler. They were both able jurists, though very different in their habits oi thought on legal questions, and in their mental organizations that led to differences in their conclusions, wnicn orten called into requistiion the conciliatory influence of the chief justice. As in other new countries, the stat utes enacted in Texas were often crude in structuie, and the acquisition of rights under the laws was attended withmanv irregularities.

These things required extensive and accurate knowledge of the habits aud pursuits of the people of Texas through a long series of years, combined with a politic conservatism on the part of the court of last resort to prevent the continual unsettling of rights long deemed secure. This marks the course of the chief justice, generally sustained by a majority of the court. The favorite subjects, selected lor his own investigations, were those arising under the institutions and laws of Spain and Mexico, for which he was well qualified by his knowledge of the Spanish language, under the laws relating to marital rights, to marriage and divorce; to homestead rights, and to other exemptions from executions. With moat of these subjects, the lawyers of the state were least laminar, and authorities upon them were not generally acceptable. He was one of the few judges that have been on the supreme bench, who gave very especial attention to the literary excellence of his written opinions.

In consequence of this, and on account of the great jare and deliberation given to his subjects, he did not deliver as niany opinions as either of his associates, he not having delivered more than about five hundred in the eighteen years, during which he was chief justice from 1841 to 1858. He presided in court with a rather austere dignity, and gave to those addressing the court a respectful and silent attention, rarely ever asking a question of the counsel in the case being presented. When he spoke at all on the bench his words were few and his manner positive. In his intercourse with the members of the bar he preserved a reserv ed dignity that, though hardly repulsive, did not invite familiarity; yet he was a man ot kindly and friendly disposition generally, with remarkable uniformity in his manners and general bearing. It may be said of him that, during a long period ot public service, he was known to his fel low citizens generally only by his public acts in the service of the state, to which he earnestly devoted his life.

When, after his health had been impaired by his seclusive habit3 of study and arduous labors, he was elected to the senate of the United States, he left his long occupied seat on the bench, with evident re gret, to enter the arena at a stormy period, not in accord with his serene habits of thought and action; but his state called him to that station and he answered the call. He spent a solitary life, without a wife and without relatives in the state of his adoption, whose prosperi ty and greatness he lived and worked to achieve, it is aue to mm, in com memoration of his usefulness and devotion to Texas, that his remains should, as they do, rest in the state cemetery, with a modest and becom ing monument marking the spot where he lies, and that this likeness of him should be suspended in the room of the supreme court, where his presence always commanded the res pect due to his exalted position as the cmer justice. RESPONSE OF CHIEF JUSTICE WILLIE. Speaking in behalf of the court, I return thanks for the portrait of the departed chief justice, which has been presented in so appropriate a manner by the only living person who sat with him as a colleague upon the bench of this court. Every one who had the honor of personal acquaintance with the dis tinguished dead will recognize in this portrait how faithfully the artist pertormea nis tasK.

The painted canvas recalls vividly the features and expression which may have in some degree faded from our memories, so long has it been since he passed from amongst us, and took up his abode in the silent tomb. But the masterly intellect and superior attainments of the man are re fleeted in the records of this court, and the reports in which its decisions are perpetuated. These are tne enduring monuments of his fame, which more than paint ing, or maible, or sculpture transmit him to posterity as one of the great est lawyers of his time, an enlight ened scholar ana an nonest and up right juage. judge tiempniu became cnietjus tice ol the supreme court of Texas before it ceased to be a republic, and when admitted into the American union he was the first appointed to that position, and held it con tinuously for thirteen years, when he resigned to take a seat in the United States senate at the universal call of the legislature of the state. He was the only connecting link that bound the supreme court of the state to that of the noble little republic which, constantly at war, administered its alarms in the midst of alarms; where judg held courts when the attacks of the enemy were imminent, and the fear of capture and imprisonment was sometimes realized.

Texas, when struggling for an existence, was as blessed in the judiciary that interpreted and enforced her laws as she was in the men who sat in her council aftd provided measures for her government, and the brave soldiers who bore her arms. Whilst, as has been said, our laws were complicated and the difficult questions arising under them had to be solved by a resort to various and conflicting systems of jurisprudence, some of them written in foreign languages. We were almost without books to assist in the investigation of these questions, or the means of providing for the comfort of those whose duty it was to decide upon our rights. Under these circumstances our first supreme court organized and entered upon their duties. Upon them devolved the duty of correctly interpreting the various and contradicting laws that were in force; to bring order out of confusion, and build up a system for the future regu- liiuion oi tne courts ot tnis state.

The task was a difficult one, but the judges were equal to it in all resnects. Hemphill, Lipscomb and Wheeler names to be reverenced by the bar and the people of Texas, and by every ad mirer oi wnat is great ana true in the lawyer and the man brought to the performance of these arduous duties minds highly endowed by nature and improved by education. They were possessed of a store of well-digested legal learning, an unwearied indus try, a deep sense of the responsibilities of their position, and of a desire to do justice between man and man always a guiding principle in their decisions. These judges constructed a fabric which has ever since been the admiration of the bar and of the courts of our state, and they have left but little for our successors to do in this respect, but preserve that fabric in all its original symmetry. Of that splendid trio no one contributed more towards this end than their presiding officer, the subject of these remarks.

The product of his labors in the first twenty-one volumes of our reports exhibits a succession of faultless opinions, few of which have ever been questioned by his successors, in the reading of which one scarcely knows which most to admire, the force of the reasoning, or the beautiful language in which it is clothed. I am not capable of improving upon the analysis of the character of Judge Hemphill, so ably made by his distinguished colleague. I can but bear testimony to its correctness from my own knowledge of the man and his writings. Although I knew him as the young lawyer knows the ruler before whom he practices, my judgment of his abilities is derived from a study of his opinions. Aiy Knowledge that under the appear ance of coldness and austerity he carried an amiable heart comes from an association which he was pleased to i encourage.

ihe student ot jlPieTnlhili's opinions wiflirunan to conclude that in exploring the ocean ol legal lore his search was for two pearls to be found in its depth truth and justice: truth in arriving at correct principles, and justice in applying them so as to decide according to the merit of the case before him. To this end he discarded technicali ties, brushed the cobwebs with which sophism and forensic ingenuuity had enveloped the cause, and based his conclusions upon the great principles of law and equity applicaple to the case. His ability as a judge was most fully developed when he found him self entitled to precedent or authority for the questions under consideration. it was then that his capacity for pro found and lucid reasoning was most fully displayed, and from his own luminous mind, light was shed upon tne subject ot discussion, wich made the most obstruse points seem clearly elucidated to any mind. The position ot senator was ten dered him without any solicitation on his part, that we might, in the halls of national legislation, profit by tne taient wnicn had tor a long period of time reflected so much honor upon our judicial bench.

1 he effect ot his labor pon the aris- prudence of our state; the benefit which the bar and the people have reaped from the legal principles which he planted, may in some measure be seen and calculated. The effect which the same labor may have had upon himself, cannot well be known, it has already been said that the state of health induced by his incessant work in his office prompted him to resign and ac another position. They may have largely contributed toward hurrying him to an early grave. He perhaps gave his life for the jurisprudence of his state, if not so notoriously or brilliantly, yet as honorably as one who perished upon ner battlefields. Texas owes a debt of Gratitude to the noble man who lead her armies to viclory when victory meant freedom, and defeat enslavement, and perhaps butchery.

She should forever cherish within her heart of hearts the memory of the soldiers who fronted the storms of battle in her behalf, whether waged by Mexi can or savage, she should erect monuments to those who, under the banner of the "Lone Star," rushed into the place where the battle raged fiercest, at the peril of a grave or a dungeon. But she owes much also to the men who in civil life and on the judicial bench in her earlier days sustained the cause of justice and of right and helped to perpetuate the liberties her volun teers hail as nobly won. They, too, should be held grate. ul remembrance. Their deeds though less shining, should be cherished for the solid benefits derived from them The boys, that crown their temples tor victories achieved in peace no less renowned than those of war, and the garlands that we lay upon their tombs, are as well earned and as love ly as the laurels and pale flowers that "Seek the heroes bier Or bind his brow." It is needless for me to say that the reputation of Judge Hemphill as a jurist, where no stain and the breath ot slander never breathed upon it, The armine worn by him was, on the day he resigned it to his successor, as pure as when it was tirst gracefully place! upon his shoulders.

This portrait will be hung on the walls of the court room, where is al ready placed the likeness of his col league Judge Lipscomb. We hope that the day is not far dis tant when a portrait of Judge Wheeler will complete the galaxy, With the likeness of these eminent authors of our judicial system, ever present and seemingly looking down and encouraging our labors, may we emulate and be inspired by their exam pie, and contribute towards perpetuating the system they so wisely in augurated. May we be blessed with some share ofc the wisdom and learn ing they so abundantly possessed, and discharge with some little of the credit, to which they were entitled, the responsible duties to which we have been called by the partiality of our beloved state. The court made the following order The proceedings of to-day will be entered upon the minutes, and the court will now adiourn out ot respect to to the memory of the late chief jus tice. A Splendid Remedy Diseases.

tor Lung Dr. Robert Xewton, late president of the Eclectic college of the city of New York, and formerly of Cincin nati. Ohio, used Dr Wm. Hall's Bal sam very extensively in his practice, as manv of his patients, now living. and restored to health by the use of this invaluable medicine, can amply testify.

He always said that so good a remedy ought not to be considered merely as a patent medicine, but that It ougnt u) oe prescriueu ireeiy uy every physician as a sovereign remedy in all cases of lung diseases. It is a sure cure for consumption, and has no equal for all pectoral complaints. Oh, maiden with grim teeth, avaunt! Though fair you seem io iook upon, Because you don't use SOZODONT The sweetness of your mouth is gone: Your breath is heavy, and, from this, Your uds no more invite a kiss. Five doctors: no end of medicine no relief. Dr.

Benson's Skin Cure has driven away all eruptions and I'm nearly well" Ida C. Young, Hamil ton, Illinois. A bottle of Samaritan Xervine enables one to defy asthma, nervousness and general debility. Mr. A.

A. Mantius, Marshall, Texas, savs: wife 5ias been entirely cured of general debility by using Brown's Iron Bitters. iel2-eodw Annual Prize Theclosine exercises of St. Mary's Acade my only served to stivugtheu the name that excellent institution already has as oHm; most excellent and thorough, school lor girl and young ladies. No youmr lady go lortn trom tins iiistitulion with its lestiiiioiiin without tx'iiig in every way iialili-) forauv position the front ranks ol lite.

We ar' sorry that want of spare fornuls a more ex tended notice. The follnwim; list of awards was kindly furnished us hy Ihe Sister oiilH'nor: Prize cold medal foreorm-t iloimrtiiieut and highest excellence in studies awarded to Miss Ida troninir of Lone star gold medid for strict okservaurti of academic rules and diligence studies awarded to Miss Jeanne Malm. Houston lexas. Gold medal for excellenre of conduct in 111- nior urpartmeui awaruea 10 miss jiary tarr, Bryan, lexas. I rowns for sunerior excellence of conduct awarded to Slisscs C.

Lacev. of l-eon countv. lexas, M. uvriie. ot Aberdeen, and Rnllv.

of Austin. Texas. rowns of honor for correct denortmpnt awarded to Misses M. Uurns. of El Paso, Tex- A.

ot Austin, lexas, fc. Allen, of eorgetown, Texas, L. Karkley. Marquiz, Tex as, t. Hmion, oi Austin, lexas, aim tenth Lee, of Austin.

Texas. First honor awarded to Misses M. and I Harden. M. A.

Page. L. Adams and Z. Hatte of Bryan, Texas, and B. Brophy.

of JMUin, Crowns of excellence for irood coiidui-t. remi lar attendance and diligence in studies award ed to L. Burleson and Mot ashln. of the intermediate department, and to Misses K. Kobiusou aud L.

Kirk, of the minor depart ment. Ida Cronm rirst premium in modern hlstorv. rhetoric, chemistry, algebra, geometry aud arithmetic; second premium in rending, let ter-writing. coiuiHisitiou. vocal and iustrunieul al music and penmanship (second class).

Miss Margaret jteiuy nsn premium Clu istian doctrine, etymology, modern history, chemistry, arithmetic algebra, penmanship (second class); water color painting (third lassi and regular attendance: second premium in reading, composition and drawing (third class). Miss Annie Newton First premium in mod ern history, chemistry, algebra, drawing and oil painting (third class) and painting (third class: second" premium ill geometry, reading and composition. Miss Catherine Lacey First premium in rhetoric, philosophy, arithmetic, algebra, letter-writing, music and penmanship (second class); second premium in reading. Miss Margaret Burns first premium In Christian doctrine, etymology, philosophy, ancient history, algebra and penmanship (second lass) second premium in ariiumeiie ana mu sic and third premium In composition and reading. Miss Mary McCartv Hrst premium in Chris tian, etymology, penmanship (second class) and regular attendance; seond premium in music ancient history and philosophy; third premium in rhetoric, algebra and arithmetic.

Miss Ina Adams First premium in etymol ogy; second premium in rhetoric, philosophy. nuittie i-MinliiKr IpTrer-U'ril Intr peninansjjrp-twxond class) Mpnsiuon. Miss Frances Konoerl Second premium in etymology, reading and penmanship (third, class); third premium in rhetoric, arithmetic, algebra, philosophy and attendance. Miss L. Barklev First premium in B.

history aud arithmetic; second premium in r-n-niansliip (second class), rhetoric, etymology, letter-writing and reading; third premium in instrumental music. Miss M. A. Fage First premium in Christian doctrine, familiar science, etymology, vocal music and penmanship. Second class; second nremiun in grammar, arithmetic, American history, letter writing and reading.

Miss E. Ilinton. First premium hi grammar, etymology, arithmetic and attendance. Second premium in penmanship (third class). Miss.

I. Malin. First premium in christian doctrine, grammar, etymology, comgiositioii, instrumental music, reading and penmanship, (third class): second premium in philosophy and arithmetic. Miss It. Lee First premium in grammar, etymology, American history, arithmetic; reading, regular attendance- and penmanship, (third class); second premium in philosophy.

Miss L. Anderson First premium in composition, music, penmanship, (second class). Miss K. Haynes First premium in etymology, familiar science and penmanship, (third class): second premium in grammar, arithmetic and letter writing. Miss E.

Craven First premium in grammar, American history and geography; second premium in etymology, familiar science ond music. Miss H. Powers First premium hi Christian doctrine and familiar science; second premium in grammar, arithmetic, American history, reading, regular attendance and penmanship, (third class). Miss J. Mercer First premium in music, second premium in grammar, etymology and familiar science.

Miss Mercer First premium in etymology and grammar, second premium in familiar science. Miss O. Wooten Second premium in grammar, vocal music and penmanship, (second class; third premium in Instrumental music. Miss C. Shipman F'irst premium vocal music, second premium in instrumental music and arithmetic.

Miss M. Wheeler Second premium in grammar, drawing (fourth class; and penmanship (second class); nurd premium in music. cuuice Alien nt piiiooui in raiii- mar, geography, United states lits- tory and orthography Hankev First premium in orthogra phy and United States history, second premi- urn in arithmetic; aud grammar. Miss M. Dardcn First premium in orthog raphy and penmanship (third class): second premium in grammar and arithmetic, third premium in music.

United States history and geography. Miss rtiunuiv rseconu premium in instru mental music and United States history. Miss CoopwoodV First premium in gram mar, geography, arithmetic and orthography. Miss Lily burden Eirst premium in grammar, geography, arithmetic and orthology: sec ond premium in United States history; third premium in music. Miss M.

neiiKeis neconii premium in grammar and geography; third premium in music. inniiiieuc anu im Miss L. Burleson Third premium in Bible history. United States history, geography, triinmcucaiia oiinognipuj secouu prciiuiiiu in grammar. Miss Kuiina Burleson First premium in geography and orthography: second premium in grammar, nriiniiieiic mm vimcu ciaiea ma-lory.

Miss M. Byrne Second premium in arithme tic: third premium in grammar and ortho graphy. Miss Mary jarr irsi premium grammar, 'ograuny, orthograpiiy, arithmetic United tales liistorv and drawing, (fifth class): sec ond premium in music and penmanship, (third lass. The following young misses also ret lved premiums for improvement in studies isses Bane, m. bock, v.

joie, umeld. E. Uuftteld. J. Honfner.

M. Jefte, B. Kopnerl, Mo Arthur, M. Mc- tiuire, Mevasnin, J. jnaupm, a.

ki uonueu, Keilly, N. Keilly, J. Tice, M. Kotiards, E. Ciilson, A.

Vane, A. Mc. Kav, A. Jette, v. Smith, M.

Smith, M. Miles, F. Miley. A. Barn-feld.

A. Grubep, K. Cavanaugh, 1). Mercer, E. Brady, E.

Billeisen, Lydia Kirk, L. Moldenha- M. itobinsoii, itoDinson, m. lsner, m. McCasliin, M.

Brueggerlioff, W. Weliner, Hale.C. Cook, F. Trayiiham, C. Kusie, B.

Kean, N. Nagle, G. Wilson. K. Wilson, Schultz, A.

A. Freeside, North, G. MeGuire, M. Kevs, L. Mcintosh, Hozzard, M.

Gammcl, E. Story and M. Campbell. Special premiums for marked improvement in vneal music, awarded to Misses M. A.

Page. and E. Wooten. Siiecial premiums for home industry awarded to Misses M. Burns and 1.

Havnes. Special premium for marked im provement iu penmanship awarded to Miss M. Kcillv. Special premium for marked improye- mem. iu urawuis awarucu 4.111a Tll Fine Pulpit Service.

A few weeks ago the ladies and friends of Dr. Smoot's church fur nished his pulpit with a handsome set ot chairs and tables to match, (the tables, a present from Mr. Krie- sele. jn ow tney nave aaoeu a oeauu- ul silver service for the table, consisting of a waiter, pitcher, goblet and bouauet holder. Many thanks are due Miss Jiittie Jirwin, jviiss lizzie Martin and Mr.

Kriesle for the success of this enterprise. Receipts for furnishing the pulpit have been placed iu the hands of the sexton. The Decajed Meat Case. In the case before Justice von Ro senberg of the state of Texas vs. Gustavus Freich, who was indicted for selling decayed sausage, the jury disagreed and were discharged.

The evidence was considered preposterous and unreliable. Decline ol Man. Nervous weakness, dyspepsia, im potence, sexual debility, cured by "Wells' Health Renewer. 91. 2 Wells' "Rough on Corns." Ask for Wells' "Rough on Corns 15c.

Quick, complete, permanent cure. Corns, warts, bunions. Don't Die in the Honse. "Rough on Rats." Clears out rats, mice, roaches, bed-bugs, ties, ants, moles, chipmomts, gophers. 15c.

8 Fresh air. exercise, good food and Dr. Benson's Celery and Chamomile Pills will, when used to-gether, cure any case of nervousness, sick headache or indigestion. They strengthen the nervous system; 5.000 physicians prescribe it. Mv wife had fits for 35 years, savs Ifenrv Clark, of Fairfield, Mich.

"Samaritan Nervine cured her." Your druggist keeps it. Why suffer longer from dyspepsia. indigestion, want of appetite, loss of strength, lack of euergy. malaria, in termittent fevers, Brown's Iron Bitters never fail to cure these diseases. Thev act like a charm on the digestive organs, removing all dvsoeDtic svmntoms.

such as belching, etc. Remem ber it is the only iron preparation that will not blacken the teeth or give headache. Ask your druggists con cerning its merit. Rev. J.

W. Waldrop, Owenton, Ken tucky, savs: "Browns iron mtters greatly relieved me of general debility and indigestion. jei-eouaw leguer, a. uriiiKiiaiu, vainiiurii, jii. muic-son, M.

Chanihers, M. North, A. Wedig, D. De-(iress, L. Carr, B.

Johnson, M. O'Connor. K. Kohiusou. J.

Blink. M. O'Connell. (J. Keilly.

A. Terrible Tragedy at Oatuianville. I riday morning James Eevira, geu aoout, iweive years ana his sister noseta, agert eleven, children of Mexican with negro wife, residing ueur uumiiim me, leit, scnooi together for their home. fXot arriving at the usual time the parents ltecame alarm ed, and thus neighbors lieing aroused a large force went out to search for them during the night. Saturday morning they were found in a creek near the road to their home, the girl lying in tne bed ot tne creek near a pool of blood and frightfully injured but still alive: the bov at a distance of twenty yards from his sister in the miast ot a thicket, with horrible wounds in his neck and side and dead.

Xear by were rocks covered with blood and hair which evidently had been used in beating the head of the girL City and county physician Cum- mings, ot this city, was called udou and arrived just in time to see the boy before he was buried, and imme diately proceeded to where the girl lav, under the shade of a tree near bv the scene of the tragedy. She was unconscious and suffering terribly from a fracture in the skull ahd injuries in the forehead and bad cuts in the scalp. Further examination showed that she had been raped in a most fiendish manner. The doctor dressed the wounds, taking out a piece of the skull that lay upon the brain, and put the little suilerer in as comfortable a position as jiossible, but has very little hones of her recovery. The olli- cers were immediately on the track of the murderer, and in a short time arrested a Mexican lad named John Bidell, alias Tavana, upon the follow ing evidence: He was seen talking with the limra children immediately preceding the crime and upon his per son was found a bloody knife which exactly fitted into the wound in the side of the boy, while blood was found on his pants, his drawers had been changed, his shirt sleeves had been washed and he had come into town from the direction of the tragedy late that evening.

Deputy sheriff Charlie ace, assisted by Messrs. Simpson and Maauox, made the arrest and brought the prisoner into this city and lodged him in the county jail. The feeling in Oatmanville i3 very strong Bidell, and' it was deemed unsafe toT allow him to remain in the neighborhood, even under arrest. Bloodless Battle. Yesterday afternoon, about (5:30 o'clock, Mr.

L. E. Daniels, met Mr. S. II.

Dixon going to his boarding house, (the Shipman House) on Brazos street, and began firing at him with a "bulldog" pistol, to the terror of the large number of ladies and children who were out on the galleries on all sides, and witnesses to the sudden opening of the sham battle. It seems that Mr. Daniels and Mr. Dixon have been at daggers points for some days, and their personid difficulties culminated yesterday as above stated. Mr.

Daniels waited for Mr. Dixon, and seeing him, in company with Mr. It. M. Johnson, went up towards him and exclaimed: Dixon, you, defend yourself," firing almost simultaneously; so bystanders and "lookers-on in Venice" told a Statesman reporter.

Daniels had a preliminary hearing before Justice Von Rosenberg, last night, and waiving an examination, was placed under $800 bond for an assault with intent to murder. The Statesman has repeatedly stated that this reckless way desperate and exasperated men have of attempting to settle their personal difficulties with a revolver, on the public streets, is a disgrace to civilization and should be put down at any cost. It is not sufficient for shoot ists to say that they were sure of no one being in dangerous positions before they tired. Balls have a habit of glancing in unexpected places and killing or maiming innocent parties. Whatever may have been the personal grievances between Daniels and Dixon the pullic does not care enough about such things to have their lives and that of their families jeopardized by having such difficulties settled with revolvers in a manner more becoming a community of barbarians than that of a civilized city.

Mr. Dixon claims that he had no arms at all though Mr. Daniels and a number of bystanders say he made the Texiis pistol" motion as the firing began. The prompt action ot the officers in arresting Mr. Daniels is commended oy every one.

Officer Thorp made the arrest. Daniels, up to a late hour last night, had been unable to give Donu, and was remanded to jau. fish In Texas Rivers. Capt. Wm.

Riley, the well known nsnerman on the liio Uolorado. re ports that last week he caught three nice carp weighing on an average two pounds each. Mr. Riley regards this as a very great testimonial to the skill and faithfulness of our late fish commissioner. Mr.

RobertJRobertson. Mr. itiiey. at tne reauest ot ish uom missioner Lubbock, lately inspected the dam at Chambers' mill, below the city, and states that, in his opinion, in order to allow the salmon and other large fish to come up above it. it will De necessary to cut down about sixty teet ot the top ot the dam, or two- thirds ot the distance across the river, to a foot below low water mark and place inclined planks at an angle to the dam itself so as to aid the fish in their efforts to swim across.

This will in no way affect the utility of the dam, and will allow the fish to pass up into the river beyond. It is to be hoped that these steps will soon be taken, as the advantages of having our river stocked with beautiful fash are manv. Mr. R. will also urge upon the commissioners that steps be taken to place a number of his lobsters in the river above the city, as he is satisfied that they will prosper and multiply.

He has. within week, cought four himself.and thinks that with a little encouragement, in the near future the citizens of Aus tin may have a nice fresh lobster upon their tables in the morning. Compress Location. The cotton compress company have at last concluded that blocks 20 and 21 will be the most suitable for their purposes. These two half blocks will cost the company S25.700.

but it is spiendid property and well located and will always be worth that much money. This is half a block east of the International freight depot, together with the half block just across Colorado street, and is very aesiraoie. Was Looking for One. "A great structure, my friend. great structure," observed a clerical looking gentlemen to a stranger who stood in rapt contemplation of the bridge, "it is a wondertui evidence ox man's skill and enterprise! you don't" exclaimed the stranger, edging away, and eyeing the clerical gentleman from head to foot with every symptom of distrust.

"I know your game In a minute you'll want me to go wnn you anu get a lottery ticket cashed, and before know which side of the street I want to take to get home, you and your pals wDl bunko me out of my last hard-earned cent Xo you don't, I've been there before. "But, my tnend, you mistake me entirely," replied the clergyman, mildly, "I am a minister of the gospeL" "A genuine minis-tery" demanded the other, looking more reassured. "Are you giving it to me straight Xo taffy in this "I assure you. sir. I am a clergyman.

said the clerical gentleman, with dignity. "You mav believe me, sir. What I tell you Is true. "Put her hereP' exclaimed the stranger, offering his hand. "Put it right here! I thought you might be one of those bunko steerers, and I was on to you.

1 glad you are minister, for I have been on the lay for one for a long time. You steer the plant and I'll set up the drinks. and if we don work that congrega tion of yours out ot eyery cent there is in the joint, you may take me any where and just rob me out of the last rattle without a squeal out of me, if 1 have to mortgage my tarm. tome on what do you say It would be interesting to know what the clerical gentleman wanted to say to. that pro position.

u. J. A VETERAN BENEFACTOR. His Past Life, Present Plans, and What He Has to Say Upon Snh- -ject That Astonishes Him. (New York Times.) early forty years ago a young man, of unusual endowments, began to mould public opinion upon a a subject of vital importance.

Like all pioneers, his early efforts were unsuccessful, but his ability and the value of his work soon won public confidence, and to-day there is not a village or hamlet in the country that has not been influenced by Dr. Dio Lewis. When. therpfnri it was learned yesterday that he contemplated the establishment of a large magazine in this city, the fact deemed so important that a representative of this paper was commissioned to see him and ascertain the truth of the rumor. Dr.

Dio Lewis is a gentleman of sixty years and two hundred pounds, with snow-white hair and beard, but probably the most perfect picture of health and vigor in the metropolis. He is a living exponent of his teach ings, and notwit hstanding the amount of work he has already done, promises still greater activity for years to come. He received the interviewer most courteously, und in a reply to a question said "It is true I have come to Xew York to establish a monthly magazine, I have come here for the same reason I went to Boston 25 years ago. Then Boston was the best platform in the country from which to speak of education. Xew York has now become most hospitable to progressive thoughts, and especially so to movements on behalf of physictd training.

"I have reason to know the great and abiding interest of the American people in this subject. They have come to reali.e that the future of our country pivots upon our physical vitality, and especially upon the vigor of our women. My new zine will bear the title, 'Dio Lewis'? Monthly and lie devoted to Riinirjirv and social science. I hope through its pages to inaugurate a new depart- ure in hygiene." Have you not written several books on the subject "Yes; nine volumes, and some of them like 'Our by the Harpers, have had an enormous- '-f culation; but the bejt work of my liftT shall give the world in the new magazine. Jb orty years of skirmish ing ought to conclude with ten years of organized warfare." "Doctor, what is the occasion ot this new interest in the health Ques tion It has come through suffering.

which seems the only road to self knowledge. The stomach, heart, or liver fall into trouble, happiness is gone, and then people give attention to their health." Which of these organs is most fre quently the victim of our errors if" asked the reporter. "Within the lust few years diseases of the kidneys have ereatly multi plied. AVhen I was engaged in prac- tice, thirty-live and forty years ago, serious disease of the kidneys was rare: but now distressingly frequent and fatal." To what do you attribute this great increase of kidney troubles ro th'j use or stimulating onn adulterated food and irregular habits ot lite." "Doctor, have you any confidence iu the remedy of which we hearsomuch now-a-days, "Warner's Safe CureV" "I believe in the ounce of prevention, rather than in a ton of cure." "But have you noticed tho reiuark- bl testimonials of Warner's reme- yr. "i have, and coniess tnat tney nave puzzled and astonished me.

The com mendations of proprietary medicines usually come from unknown persons residing in back counties. But I see in our most reputable newspapers the warmest praise of Warner's Safe Cure from college professors, respectable physicians; and other persons of high intelligence and character. To thrust such testimony aside may be profes sional. but it is unmanly. Xo physi- cian can forget that valuable addi tions to our materia medica have sprung from just such sources.

I was so impressed with this cloud or witnesses thiit 1 purchased some bottles of Warner's Safe Cure at a neighboring drug store, and analyzed one of them to see if it contained anything poisonous. Then 1 took three of the prescribed dost at once, and found there was nothing ia-jurtous in it. I do not hesitate say that it 1 found my kidneys in serious trouble, I should use this remedy, be- cause of the hopelessness of all ordinary treatment, and because when a hundred intelligent and repuiauie persons unite in the statement that certain remedy has cured them of aj- grave malady. 1 choose to Deiieye that they speak the truth." "But as you may know, my great interest in life lies in prevention. For forty years I have labored in this field.

une oi tne pnases oi my worn uii.ew England was the establishment of the Ladies' Seminary at Lexington, Mass. My aim was to illustrate the possiDii-ities in the physical training of girls, during their school life', hiiastitu-tion became, before I left ivthev largest and most successful seminar, for young women owned and man aged by one person, in our country, i sat down to dinner every day with a family of two hundred persons. The remarkable results of this muscle training among girls, were given, in my paper published in the Xorth American Review of December, 1882, "Besides, I established the Normal. Institute for physical training in Boston, and for ten years was its president and manager. Dr.

Walter Chan-ning, Dr. Thomas Hoskins, Professor Leonard, and others were among its teachers, and more than four hundred persons took its diploma and went out into all parts of the land to teach the new school of gymnastics. And now the years left to me I propose to devote to the magazine which I have come here to establish. It will be the largest periodical ever devoted to this field of literature, and will present the hundred and one questions of hygiene with the simplicity of a child talk. To this end all so-called learn ing will be subordinated.

The magazine will be more or less illustrated, and will strive to reach a high place in the confidence and hearts of the people. Ln a few weeks our first number will appear, and we shall fondly hope for it a hearty welcome." The facts above narrated are indeed the most important. It is gratifying to know that the life long experience of a gentleman who stands without a peer in successfully demonstrating the principles of hygiene; whose heart has already been in sym- Eathy with the alilicted, and whose rain has ever been active in planning for their relief are to be given to the public through the pages or a magazine. And it is specially significant and proof positive of ran-. merit that a proprietary medicine, -even with such high standing as Warner's Safe Cure is known to have, should be endorsed and recommended by a man so able, so reputable and of such national renown as Dr.

Dio Lewis. The Celebration. The preparations for the celebration of emancipation, by the colored people of this city, insures agranC time to-day. It is but meet that they should make glad their hearts on this day, the anniversary of the day ou which the practice of slavery was prohibited in the United States. An immense crowd will be at Wheeler's grove to-day.

Breaking Ground. Ground will be broken at 9 o'clod to-morrow morniDg for the new Southern Methodist church, TLi will be quite an occtision for congratulation among the many Methodist here, as they had been contentedly worshiping God and smelling but iu the late lamented edifice since lbli. Besides this, the building will be an ornament and pride to the city and monument to the of Jr. Goodwyn..