The Austin Weekly Statesman from Austin, Texas • Page 3

JUDICIAL. CASl DISPOSED OF YESTERDAY IS THE DISTRICT AND MINOR COURTS. few yt thfi Clauars Some of In the Contract Which Bind the Contractor to Faithful Work. The preliminary surveys having been completed and everything having been gotten id readiness for actual work, the board of public works by resolution liave dispensed with the services of Engineer Pope, and he will retire the first of next month. Mr.

Pope's services have been very valuable and have beeu appreciated by the board, but the work has progressed until mechanical and not civil engineers are needed, if, indeed, the services of an additional engineer Are wauled at all, the able young men now in the olfice appear to be all the force needed. Contractor Corrigun, whene bond represents about $4,000,000, added aonie Austin men to it yesterday. CONTRACT CLAUSES. As a matter of interest to the pub lie, the following clauses in the dam contract are given Any unfaithful or imperfect work that may be discovered before the final Acceptance of the woik, shall be cor rected immediately on the require ment of the engineer, notwith standing it may have been overlooked by the proper inspector and estimated It being distinctly understood that tt inspection of the work does not relievt the contractor of any obligations to perform sound and good work as here in described; If any person, employed by the con tractor on the work, shall appear to the engineer to be incompetent or die-orderly, he shall be discharged imme diately, on the requisition of the en gineer, and shall not be again employed on the work. It is hereby agreed that no claims ior extra work shall be made unless the work shall have been done in obe dience to a written order from the en gineer.

All such claims are to be made to the Board in writing within thirty days after the completion of aid work, and failing to make such -claims within the time required, all rights of the contractor for extra pay ior such work shall be forfeited. And it is further agreed that the work shall be commenced and carried on at such points and in such order as the en gineer may from time to time direct, and that all cofferdams, embankments nd works for the exclusion of water, and all pumping machinery and boil era for draiuing the work, shall be of the form, dimensions and character Approved bv the engineer. The said contractor hereby further Agrees that he will give personal at tention to the fulfillment of this con tract, and that he will not sub-let the Aforesaid work, but will keep the same under his control, and that he will not Assign by power of attorney, or otherwise, any portion of saia work, unlesB -with the previous consent of tha Board of Public Works, to be signified by indorsement on this agreemeut. Whenever the contractor is not preseut on any part of the work where it may be desired to give directions, orders will be given by the engineer And be received and obeyed by the or foreman who may have charge of the particular work in reference to which the orders are given. All work contemplated and described in this contract and these specifications shall be done to the satisfaction of the enginerr, and all material and workmanship of whatever description, shall be subject to bis inspection and rejection.

The said contractor hereby further Agrees that he will commence the work within fifteen days of the award of the contract; that he will prosecute the work with such force and diligence that in six mon ths from the date of said award the value of work done and of materials delivered shall not be less than one-sixth part of the total value of work to be done and materials to be delivered under this contract; that in one year from the date of said sward the value of the work done and materials delivered shall not be less than one-half of the work to be done and materials to be delivered, under this contract; that in eighteen months from the date of said award the value of the work done and of materials delivered shall not be less than three-iourtbs of the value of the work to be -done and materials to be delivered under this contract; and that the work shall be fully completed according to the terms of the contract, in two years from the date of said award. The said contractor further agrees that if the work to be done under this contract shall be abandoned, or if this contract fhall be assigned by the said mntractor otherwise than as herein Anecified, or if the conditions as to the i It) rate Ot progress are uut luiuiicu, ur At any time the engineer shall be of opinion, and shall no certify in writing to the board of public works, that the said work or any part thereof is unnecessarily or unreasonably delayed, or that the said contractor is wilfully Ni. irinlatine any ot tne condition or 1 3s, covenants of this contract, or is exe-1 1 Cfycuting such contract in bad faith, the said board shall have the power to notify the aforesaid contractor to discontinue all work or any part thereof under this contract, and thereupon AUSTIN contracting parties are both well known midst a large circle of mends in tliis city, pr. Oden nvw Sere Eyss, Flesh -Tfoaah -I'm. rupe-, Sores.

1Z the said contractor shall cease to continue such work or such part thereof as said hoard may designate, and said board thereupon shall have power to place such and sc many persons, and obtain by purchase or hire such animals, carts, wagons and tools and implements as the engineer may deem necessary to work at and be used to complete to work herein described, or such part thereof as the engineer may deem necessary, and to use such materials as they may find upon said Jo cation of said work, and to procure other materials for the completion of the same, and to charge the expense of said labor and materials, animals, carts, wagons, tools and implements to the contractor, and the expense so charged shall be deducted and paid by the board out of such money as may te either d.ue or may at any other time hereafter become due to thn said contractor under and by virture of this agreement; and in case ouch exre S3 is less than the sum which would have been payable under this contract, if the same had been completed by the said contractors shall be entitled to receive the differ ence; and in case such expense shall exceed the last said sum, then the aid contractor shall pay the amount of such excess to the board on notice from the said board of the excess so due. it is hereby agreed that the con tractor shall indemnify and save the said City of Austin harmless as to all claims that may be preferred against the said city under any statute of the State of Texas, making the city re sponsible for labor done and materials furnished under this contract, and as to all claims, suits or actions of every name and des tion brought against the said city of Austin or said board, for or on account of any injuries or dam ages received by any person, caused by said contractor, or his servants or agents in the construction of said work, or by reason of any negligence in guarding the same, or any act or omission of the said contractor or his agents, and shall furnish the said board with satisfactory evidence, when required, that all such claims for which said city of Austin might become liable, have been fully paid or satisfactorily secured and in case such evidence is not furnished, an amount necessary and sufficient to meet the said claims shall be retained from the money due the said contractor under this contract, until the liabilities afore said shall be fully discharged or satis factorily secured. The Doctor Coming. Dr. Vosburzh.

contracting and staff sur geon of the Licbig World Dispensajy of Kansas City an 1 Sun Francisco, will visit Austin on Oct 27, 28. 29. 30. 31 and Nov 1st. 1800, at the Orr hotel, prepared to take orders and measurements for deformity appliances of every kind, which are maim facmred at the Liebis World Dispensurv of Kansas City, and tive free consul tation to all who desire treatment or remedies from the Liebie World Dispensary; or contract for surgical operations foi malformatious, deformities, to be per- lormea at the LiebiK International surgical Institute, corner of West Ninth and Central streets, Kansas City, or 400 oeary street, Ban Francisco, cal.

All diseases of Men, Blood, Skin and Nervous System, deformities, and Nervom Diseases of Women and Clii dren successfully treated. All sutterers should call auu con tract with the Doctor on above dates. More Contributions. Captain Shellev has received the following sums for the Confederate Home Prof. O.

T. Lawrence $15, Bowie combination concert eiven at San Angelo $6.10. Ex-confederate Southwest Division of Hallettsville $27.30. The Way Hade Clear. One of the most serious obstacles to success in the way of man la planted right in the middle of the road to health.

How to restore and to maintain a regular habit of body and digestion is too often a source of needless and unhappily, of vain inquiry. It is not necessary to inveigh againHt drastio purgatives. They who have used them continuously know the consequence. A remedy which unites the ac tion of a regulating medicine for the bowels with that of a tonic both for those organs, the liver and the stomach, is Hos tetter's Stomach Hitters, sanctioned by the best medical authority, and receiving daily the indorsement of our fellow countrymen. With this effectu- al, thoughgentle, laxative at hand, it is possible to defy7 those changes of temperature pro- ductive of constipation, as well as constitu Iiation, as wen as conatitu-)iliousness.

which beset even tional aiiacis oi oillousn r--i rheumatism and kidney troubles are remedied and prevented by the Bitters. nnnnle nntiirAllThAnltho Mnla. ,1 Mrs. Terhune was Miss Wary Virginia Hawes. a Richmond Va.) lady, and a descendant of Capt.

Smith, whose life was saved by Pocahontas. About three years ago seven men Pet ry, paid $1 each to start a savings bank. The bank is now operated under a state charter, is located a building owned by its stock holders and during the last twelve months over $250,000 of business was transacted through its cashier. WEEKLY STATESMAN. COSTLY NEWSPAPER.

JUDICIAL. CASES DISPOSED OF YESTERDAY IN THE DISTRICT AND MINOR COURTS. Notes, Legal and Otherwise, Gathered About the Balls of ustloe by the Statesman's Young; Men. DISTRICT COURT. The case of John Teague, for the murder of his son-in-law, old man Stavely, was on trial in this court yes terday.

The examination of witnesses was concluded and in the afternoon the case was argued by District Attor ney Robertson and Mr. Thos. Wheless for the defense. Up to a late hour last night the jury had not come in with their verdict. There will be no more criminal cases tried this week, and on Monday morning at 10 o'clock the call of the non-jury docket will be resumed.

recorder's court. In this court yesterday, Recorder R. Hamilton presiding, the following proceedings were had City vs. Martin Gonez, intoxication fined $5 and costs. City v.

John Keachmeyer, intoxica tion lined a and costs. City vs. George Wells, intoxication fined $5 and costs. City vs. A.

G. Mims, disturbing the peace by using obscene language fined $5 and cssts. City vs, Jennie Gerhart, disturbing the peace; fined and costs. City vs. John Doland, disturbing the peace; set for this morning at o'clock.

justice stuart's court. Justice Stuart yesterday acquitted Archie Graham, who was charged with using intimidating language, COURT HOUSE NOTES. No business was transacted yester day in the county court. The speeches made yesterday in the murder trial of John Teague by District Attorney Uobertson and Mr, Wheless, were both strong and able efforts. Hon.

Wm. M. Key is one of the most impressive and impartial judges that tits ever held the oihce in this county. GROWTH OF THE SOUTH. The Industrial Development In the Week Ending October 11 The Chattanooga Tradesman in the weekly report of the industrial development of the South for the week ending Oct.

11, 1890, reports 80 new industries, 5 new banks, 12 new rail road companies, 1 dummy line, 2 elec trie lines and street railways. Among the leading new industries organized during the week as reported to the Tradesman are the following A brewing company at Little Rock, $300,000 capital. Boiler and machine shops at Grand Rivers, also at Huntington, W. Va. Large fire brick company at Staunton, and canning factory at Humboldt, Tenn.

Car wheel works at Dalton, and cotton mill at Morgan, also one at Fort Worth, with a cap ital of $250,000. Greenville, and Florence, S. have organized electric light companies, and a company has also been formed at Fernandina, with a capital stock of $100,000. A flour mill will be erected at Romnev. W.

and a large foundry and ma- chine shop will be erected at Salem, Va. A Western company has been organized with a capital of $500,000 to erect a glass factory at Buena Vista, Va. Ice factories will be established at Bristol, also at Rich- mond, and at Plaquermine, La. A company has been incomorated with $200,000 capital to build a steel works at Cardiff, and a stave works will be erected at Wool Citv. l'ex.

Companies have been organized for the purpose of erecting waterworks at the following places One- onta, Ala. Water Valley, Miss. Morgan town, N. Mt. Sterling, Macon, and Jacksonville.

Fla. Wood-working establishments have been established at Columbia, S. and Jackson, Miss. A furniture fac toryat Toccoa, lumber mill at Homer, Tex. Tlaning mills at Tar- boro, N.

and Rogers, Ark. New hotels are to be built at Bristol, san Antonio, Cleveland. and Gainesville. Ga. New banks have been organized at Atlanta, Little Rock, Alexandria, Roan oke, and Charleston, S.

C. Char ters for railroads were applied for from El Dorado, to the Louisiana line. trom fctagville.N. to connect with the Atlantic coast line and extension west to Reidsville. From Waco, to Llano, Tex.

From Broadway, to the W. Va. line and from Broadway, via New Market and Luray to Acquia Creek. A Northern syndi cate has organized to build a road from Danville, to Bristol, Va. The dummy line at Selma, will be extended and electric railways will be built at Washington, and Austin, Tex.

Street railway companies have been organized at Buena Vista. and Clarksville, Tenn. J. H. Jameson, who was one of Quan troll's men, died at the Nevada (Mo.) asylum for the insane tha other day.

THURSDAY, OCTOBER. 190. THE FRANKLIN TRUST FUND. The Helra of tha Fa nanus Phlloaophat Want It Divided, What may turn out to be one of the most interesting cases ever placed before a judicial tribunal for solution is expected to come np in Philadelphi shortly. The heirs of Benjamin Frank lin, after the lapse of a century, have decided to contest his will.

The preliminary petitions have already been tiled and an army of legal lights en- A. D. BACHE. W. B.

MANN, gaged that is calculated to dazzle an ordinary judge. In this instance the city or Philadelphia appears as tne contest ant. Under the philosopher's will, which was probated in 1790, ho bequeathed in trust to the cities of Philadelphia and Boston each the sum of 1,000, to be in vested in the form of loans at 5 per cent interest to "married young artificers, not over the age of 25, to assist them in starting in business. "Poor Richard" calculated that in century the sum would increase to or From this amount 100, 000 was to be devoted to municipal im provements, with especial reference to water supply from Wissahickon creek tor rniiaueipma. rue remainder was to be reinvested for another hundred years, after which it was to be divided equally between the city and state, The same provisions applied to the Bos ton bequest.

In Philadelphia the sum held by the board or trust has increased to 100,000, or about one-sixth of what Franklin anticipated. The Boston bequest amounts to $400,000 now. A short time ago Col. William B. Mann, of the board of city trusts, which has in charge the immense Uirurd estates, suggested that it would be a good plan to spend Frank lin bequest for the erection of an ad ditional girls' normal school to relieve the overcrowded condition of the present one, the new building to accommodate from 1,000 to 2,000 girls who cannot gain admittance now.

This, It was claimed, would ba in direct line with the intention of the donor when he mentioned "municipal improvements, Upon the broaching of this nroDosi tion heirs prang up from every one of the thirty-four wards of the city. It is estimated that there are over fifty of these heirs in Philadelphia. They claim that the purpose of the testator has not been earned out, owing to the apathy and negligence of the trustees. The board of city trusts in answer say that the purpose was fulfilled as long as practicable, and that the increase of the fund from $5,000 to $100,000 shows that they have not been negligent. The suit is brought through Albert Bache, paymaster of the United States navy at League island.

He is one of four great-grandchildren of Richard Bache, who married Franklin's daughter. He is well known in Philadelphia, and popular in naval circles. Another of the heirs is Mrs. E. D.

Gillespie, who is noted in the Quaker City for her successful management of society entertainments for charitable purposes. Among the others are included Mrs. Perry, mother-in-law of Dr. William Pepper, of the University of Pennsylvania; James May uuane and Admiral Harwood. of Wash ington.

A featuro of the case is the fact that nearly all of the claimants are com paratively wealthy. Shu Can WhUtle Like a Bird. Miss Eugenie Ricbter is ayoung woman who has developed a talent. She can do many things well, but the thing she does best of all is to whistle. When she puckers un her pretty mouth imitate the notes of forest warblers her friends say she can charm a bird off a tree or give the canary points on his own war bling.

And when Eugenie kichter. it comes to the "Star Spangled Banner." "Annie Laurie" or "Home.Sweet Home." the piano "isn in it" compared with her. Miss Bichter is a resident of wood- siue, in, anu is tne daughter of par ent wno have given her every advan tage in the way of education and accom plishments. But whistling is her spe cialty, and it is for that she has gained renown among her society friends. It Belonged to Webster.

A feature which attracted much at tention in the display at the recent Mil waukee exposition was the carriage for merly owned by Daniel Webster. Hon. Stephen White purchased it in London eighty-two years ago for $1,200. After Lpse of time it became the property of Daniel Webster, and in due course passed into the hands of his son Fletcher Web- HOW THE CARRIAGE LOOKS TODAY. ter.

By him it was sold to William Vandervort. of Tonawanda. N. who gave it to the husband of his niece, John It. Goodrich, of Milwaukee.

Martin Van Buren, Henry Clay, Silas Wright, Charlotte Cushman, Dean Richmond, Erastus Corning and many other notables of long ago have had seats in tha carriage. The old vehicle is still strong and trustworthy dospito ita great age. OVER THE RANG! It is soli scotnitriB soap which fes ra for all clewing purposes except in the use iHsfo VAlueiit- What will SAP0LI0 dot Why it will dean paint, make oil-cloth bright, and give the floori, tables and shelves a new appearance. It will take the grease off the dishes and off the pots and pans. You can scour the knives and forks with it, and make the tin things shine brightly.

The wash-basin, the bath-tub, even the greasy kitchen sink will be as clean as a new pin if you use SAP0LI0. One cake will prove all we say. Be a clever housekeeper and try it ESWASS OF ECTATIONS. THESE 13 BUT CSS SAFOLIO. ENOCH MORGAN'S SONS NEW YORK.

for Infants "Caatorla to so -wen adapted to children that I recommend it as superior to any prescription known to me. H. A. Archer, M. Ill So.

Oxford Brooklyn, N. T. la Try Us On Tinware. Read, these Prices: Pang, 2c to 12c. Preserve Kettles, best, 9c to 30o.

Sauce Pans, btst, 8c to 25c. Coffee Pot, 10c, 13c, 18c, 23c, 23c. Best Black Rinsing Pans, 25o to 40c. Best made, 006. Best Grater, copper wire, wood handle, 5o.

Good tin Buckets, 10c, 15c, 18o, 20o, and 2Jc. Best Galvanized Pails, 10, 12, and 14 quart, 60c, 4Uc, and 45o. These never rust. 1 pint Cups, 3c; pint, 4c; quart, 6c; 2 quart, 8c. Largest wash Basins, 15c smaller, 10c These Prices Are Yours for Low Prices, Sauter H'allock- MEN or excesses whiciiiinfits men for plication Prostatorrhea.

Consultutation I.IKBIG European Specialists. 301 San Fran-io, Cal. Will visit ail Western WONDERFUL GERMAN IN V1UUKA.1UK, prove its powt trial notue fpiu h-. The doctor will be in Austin from 27th of oIliceatOrrHoUl. IR A ID: STEEL ROOFING, SIDING, CEILING, ARCHES, LATH Private Med lea: Aid nrCIPC ST.

I.OIIIS, MO. Spell tttentloi Iven tnall illuiul or trouble! Ill nillf oi female, mirrleil Inula, brought about to. zpoaura, atmae. rioruetor improprif ma fHE OLD DOCTOR. 23MFl cuntulleil by mail, ur at the offlee, free ol dirge la-Rtliab'e, Skillful Treafmn( Guaranteed.

Board end apartments furnlthed tothoae who tire pennual catr. Send P. O. stamp ior circa- ara, etc. Aiurse leuera.

Ward nfflrw, US N. 7th Street, St. Mala, Manhood IVIUIIIIUUU of Toalbfui Imprudent. Sating premature Itooar, Nerroua Debility, Loal an hood, bavins tried in Tain every known remedy baa dweovered a Klmple meant of aelf-eure, wbloh be wtlleend (ana led) KKkK tobta fellow -auferera, ddrea. i.

H. UEKVK8. P.O. lioi tan. New York C1t Primary, Secondary or Tertiary permanently coreO CO to HO dura, We eliminate all Dolton from tlx tyatem, so that there ran never be a return of tbe die eae In any form, parties can be treated at home, (for tho aame price n.

a pa. a a fj a 44 and under the me (rua ran 111 we, (mil with one who pre WN II I ter to acme acre, we wlU 1 I 1 1 1 II contract to cure tnem or Wa" 1 1 Bail ar refund all money and pay entire expenae of comlnc railroad fare nd ho'el billa. We challriure the world for a caae we ran ot cure. Mention thli paper. Addreaa, OOIC UETUMDX Omaha, Sebnuka.

as 2o row tmi million met. OME TREA TMENT WITH MIOICAL ELECTRICITY Fr all rnr.OHIO, 0E0AK10 ana HEKVOURiDISEASI'B in both aeua. Mr ae Rrlt flb ton road rhuSook. A4dra PERU CHEMICAL MIlVAUlEi.WIt inrrr a rr manhood baa at Ct llr-. aivl bealih fully oeraa.

Parte enlanred.rtrtwtheiied. a. el auUd lall Zrru wutta.se, s.i. ar-v la the Best, Easiest to Use, and Cheapest. handsome ctke oF and Children.

I Caatorla enrca Colle, Oonfttlpatlon, Hoir81ouiocli. Diiirrhma ErucLut inn. I 'KUs WortuK, give, aleep, and promotes dt Kwtlon. Wil Uiout iujurlnui medication. Thb Cnrrioa Oommnt, rf Murray Street, T.

4 gal Pails, covered, 8c 3 quart, 12o 4 quart, 15o. Largest wash Basins, galvanized, 20o; smaller, 18 to $1.12. Extra large Dipper, 8c. Best Britania made, 30c. Best Frying Pans in the world, 12c, 15c, 20c, 23c, 25c, 28c, and 30p.

C(fi Kvrnn Pitvthar 1 9n Lamp Flues, 6j to 8c. Best Lamp Flues, 10c. Lamp Wicks, No. 1 and 2, 4c to Scdoz. Tumbler, 20c, 25c, and 20c set.

Goblets, 25c, 30c, 40c, GOo set. Finest Hotel Goblet, 40c set. Well, enough this lime. BELOW Anv One! rumtm tAmafiv fhr Catarrh annot get cured of Special Private Chronio Diseases of Manhood. Gleet.

Vartcociel. and results ofahim marriage or life's duties, is owing to a com free, personally or by letter. Address DK. and 803 West Ninth Kansas City, Mo and and Southern cities quarterly. DR.

LIEIJIG'ti tne greatest remedy lor above complaints Oct. to Nov. 2, one week and will have hl We are prepared to quote jon promptly, ship you quickly treat yon fairly and suit yon perfectly with the best the market afford. Bead dimensions for estimates. Very low freight rates now to Texas points.

THE CINCINNATI CORRUGATING C0MPAN7. Plqua, Ohio- I Hat TCHiNG PILB.TOt.Mi2s tainara form mm4 k1 and utMrataj HWAYNKD OI.VR I UK-NT atoaa the ltkla and bleetlla, krm i eemlna Terr aoee. IWAIUCI UI.VrT mw. Hway timid 07 tbiiKgitU, la iirrrauoitiPntim iaoi Pataves pbitm lb a ita unre on itwripi oi pnw, du au. a poi ni, COTTON ELEVATOR, Improves Martel.Voe'f(bitor RUNS EASfY.

ICINS FAST. TH Clean. SEED I 3 PERFECTLY. Make. FINE SAMPLE.

NEVER CHOKES or BREAKS THE CELEBRATED nnTTnwnrn BLOOmUUVJ wwaraeaawaaii 111 1 Has All LATE8T IMPROVEMENTS mcludlasr BoUmc. Wkarl Brash which In- euree even Thle feature la peoullar to thfa Riaka nf fll I naM am au. n.ha, ana ri'LLV tlfARAXTCKDaiil Are Itellnred mCK Or rKKIUHT at an k. It. Station or the landing of any ttagiilar Mamboat Un.

tn Oi. South. If we have no Agent naa you, ddr.ee tbe 0.n.ral Bouth.rn Agent, H.V.HUDDARD i 'aW HH1 mW leweal tm Mt.Ua Jri "atTHE.