Southern Mercury United with the Farmers Union Password. (Dallas, Tex.), Vol. 27, No. 2, Ed. 1 Thursday, January 10, 1907 Page: 5 of 8
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•UllTUEKA ILfcECUKT ANDFARMKHB UNION PASSWORD
THOMAS B. LOVE IS
CHOSEN AS SPEAKER
DALLAS MAN WINS DY A VOTE OF EIGHTY-SEVEN
TO EORTY-EIVE.
Only Opponent Was Hon. H. B. Terrell of McLennan and the first Ballot
Was Decisive—Col. Peeler's Withdrawal—Both Houses
Down to Work.
u
I
>
' Austin, Tex., Jan. 8.—An hour before
the opening of the Thirtieth legislature
crowds began to flock to the floor and
galleries and hundreds of women
crowded for the front seats and points
of vantage where they could see and
hear all that was going on.
The first session of the senate lack-
ed the interest and enthusiasm of the
house and the opening crowd was
much smaller. The Dallas delegation
of Love boomers, headed by Clarence
Lane. Curtis P. Smith and C. L.
Wakefield, arrived at the house early
to watch results. Far back in the rear
of the "gallery sat Jewell P. Lightfoot,
the sole representative of the attorney
general's department at the opening of
Hie legislature that promises to be
nost eventful
♦ ♦
Love Was Confident.
Up until the vote for speaker was
called for the Love men were confi-
dents A minute before 2 o'clock Mr.
Love stated that he had won beyond
l eradventure of a doubt.
The legislature was called to order
by Secretary of State Shannon as the
hands of the big clock pointed to 12
o'clock. A prayer was said by Rev.
L. E. Gray of the Cumberland Presby-
terian church.
♦ ♦
Temporary Officers Named.
The others of the Twenty-Ninth leg-
islature were appointed temporary of-
ficers. On roll call all the Dallas rep-
resentatives answered present.
When district number Twenty-three
(Galveston county) was called there
■were whispers of "skidoo" and every-
body smiled,
ORGANIZATION OF LEGISLATURE.
Clem Allen Re-Elected Sergeant-at-
Arms of the Senate.
At exactly 12 o'clock to-day the first
regular session of the Thirtieth legis-
lature convened.
—^ The house was called to order by
Secretary of State Shannon and the
senate" by Lieutenant Governor Georgo
D. Neal.
Notwithstanding that rainy weather
prevailed, the lobbies and galleries
were crowded with visitors, including
many ladies. In the house all interest
centered around the election of the
speaker while in the senate the only
contest was the election of sergeant-
at-arms. Clem Allen of Travis coifn-
ty won out for that office against R.
T. Hume of Erath county. Allen re-
ceived eighteen and Hume eleven
votes.
As soon as the house was called to
order prayer was offered by Rev. L. B.
Oray of Austin, after which roll call
was had and all the members were
present. They were swor n in and at
12:30 o'clock the election of a speaker
wan at hand.
Ben F. Gafford of Sherman placed
Representative Thos. B. Love in nomi-
nation. He paid a glowing tribute to
the Dallas man. saying that he was a
credit to Texas and a credit to the
house.
Representative Charles F. Hume, Jr.,
Of Houston placed In nomination H. B.
Terrell of McLennan county. He ap-
pealed to Texans to support him on the
the grounds of state pride.
James H. Robertson of Austin, a
representatlce, delivered an address
withdrawing the name of Colonel John
It. Peeler of Travis, without reference
to Terrell's candidacy.
Representative H. F. McGregor of
Houston seconded the nomination of
Lore.
Stephen M. King of Nacogdoches,
seconded the nomination of H. B. Ter-
rell: Jeff J. Strickland of Anderson
county, seconded the nomination of Mr.
Love; M. G: Jackson, of Eastland
county, seconded Love; E. C. Gaines,
Of Comanche county, seconded Terrell;
W. A. McConnell, of Palo Pinto, sec-
onded Love.
The following were appointed to
take the ballot; D. B. Maolnorrey of
Galveston, Clifford Braley of Rockdale,
J. R. Bowman of Amarlllo and John T.
Briscoe of Devine.
The following were appointed to
"count the ballot: J. J. Strickland of
Anderson county, A. M. Kennedy of
Falls county, W. L. Blanton of Cooke
county and W. E. Orgaln of Bastrop.
Thomas B. Love was elected on tHe
first ballot. Mr. Love received eighty-
seven and Terrell forty-five votes. H.
B. Terrell withdrew, making the elec-
tion Unanimous.
The election of Thomas B. Love was
made unanimous. Messrs. Gafford.
Messier and Hume were appointed to
escort the new speaker to the chair.
He was warmly cheered before taking
the oath administered by Secretary of
Btate Shannon.
Mr. Love stated that words failed
him to express himself for the high
honor paid him. He said he realized
his position and promised the members
of the house a square deal and assert-
ed there was not a trace of bltternes.!
In his heart.
ORGANIZATION OF 8ENATE.
All Members Fresent Except Senator
Kellie.
Austin. Texas, Jan. 8.—When the
senate was called to order prayer was
offered by Rev. H. M. Sears of Aus-
tin.
Sixteen new members were sworn in
and the roil call developed all mem-
bers present except Senator E. I. Kellie
of Jasper.
Senator Willacy had adopted a reso-
lution providing for the election of of-
ficers and. these elected were aa fol-
lows: Secretary of. senate, Clyde D.
Smith of Wichita Falls: assistant sec-
retary of senate, B. H. Roe bo rough of
Marshall; R. M. Olbnore of Wills Point
.^Journal clerk; Tom Johnson, assistant
Journal clerk: W. Z. Hayes, calendar
clerk; J. W. Bailey of Denton, enroll-
ing clerk; Harry Johnston of Houston,
assistant enrolling clerk; Tom McClure
of Wise, engrossing clerk: John E. Da-
vis of Dallas, assistant engrossing
clerk; Ben S. Rogers of Washington.
Doorkeeper; M. Faulkner, assistant
door keeper: Rev. H. M. Sears, Austin,
chaplain; Clem H. Allen, sergeant at
arms. It took the senate a little over
one hour to organize.
SPEAKER LOVE'S SAY.
Promises to Appoint a Committee With-
out Bias.
Austin, Texas, Jan. 8.—When ques-
tioned by a Times Herald represent-
ative after the election, Thomas B.
Love stated that if any Investigation
committee is appointed by bim in the
Bailey matter it will be fair and im-
partial, absolutely.
MR. LOVE'S SPEECH.
If an Investigation Is Ordered It Will
Be Fair and Impartial.
Austin, Texas, Jan. 8.—Hon. Thomas
B. Love of Dallas was elected speaker
of the house of representatives today
by a vote of 87 to 45. Following the
election Mr. Love made a speech in
which he said that he expected to be
fair and impartial in all his rulings as
presiding officer of the Thirtieth leg-
islature of Texas.
Immediately after the election and
Mr Love's speech the drawing for
seats was entered into and after this
was through with the legislature ad-
journed until tomorow morning at 9
o'clock.
Mr. Love was seen a short time after
his election by The Times Herald cor-
respondent and was asked what his
course would be in regard to the leg-
islative investigation of Senator Bai-
ley. In reply to questions he said:
"If there is any investigation made
and the necessity arises for the ap-
pointing of an Investigation commit-
tee, you can say for me that every-
thing will be conducted In a fair and
impartial manner."
SENATE OFFICERS.
Senator 8kinner Is Agreed on as Pres-
ident Pro Tem To-day.
Austin, Jan. 8.—There was a caucus
yesterday Of twenty-two1 members of
the senate, at which Lieutenant Gov-
ernor Davidson was present, the pur-
pose being to decide on the officers and
employes of the senate. The fight be-
tween Clem Allen of Travis county
and Tod Hume of Erath county for
sergeant-at-arms goes to the floor of
the senate, that office being eliminated
from caucus consideration. The fol-
lowing is the list of those who were
agreed on by the caucus:
Senator S. P. Skinner, president pro
tem; D. F. Hughes of Limestone, as-
sistant sergeant-at-arms; Ben S. Rog-
ers of Brenham, doorkeeper; Mr.
Faulkner, assistant doorkeeper; Clyde
Smith of Wieh lta Falls, secretary; R.
G. Gilmore, Journal clerk; John John-
son, assistant journal clerk: J. W.
Bailey, enrolling clerk; Harry M.
Johnston of Houston, assistant enroll-
ing clerk; W. Z. Hays, calendar clerk;
Tom McClure, engrossing clerk; Mr.
Davis, assistant engrossing clerk; Rev.
J. C. Sears, chaplain.
The following list of clerks were
agreed on:
Notorial clerk, to be named by Sena-
tor Holsey; stenographer. Miss Fay
Balger of Waco; stenographers and
committee clerks: Miss Beatrice
Hearne, Mrs. Hope Harrison Hawkins
of San Angelo, Miss Nellie Lowdy,
Miss Mary McNair. Mrs. Mabel Gaz-
ley, Dennie Collins; finance commit-
tee clerk, S. H. Gardner.
Lieutenant Governor Davidson will
have the appointment of porter*,
pages, postmaster and assistant, and
his private secretary. He will ai-
range these directly after the senate
organizes. He will name Mrs. Anna
Throckmorton Shirley of McKlnney,
daughter of former Governor Throck
morton, as postmaster.
BULK SALES~LAW.
Proposed Statute Is Intsfcded to Pre-
vent Fraud.
Austin, Jan. 7.—George Q. McGowan
of Fort Worth, secretary of tlie Texas
Business Men's League, Is hen- in thj
interest of a bulk sales law. The pro-
posed bill is to provide that any sale
of any portion of a stock of merchan-
dise otherwise than In the ordinary
course of trade in the usual r.nd regu-
lar prosecution of these matters, or a
sale of an entire stock of merchandise
in bulk, will be void as against cred-
Itors of the seller unless the purchaser
shall at least seven days before the
tale. In good faith, make full and ex-
plicit Inquiry of the seller as to th?
name and place of business of cac:i
and all the creditors of the seller
and the amount owing to each suo'n
creditor by Its seller and obtain from
the Keller a written answer to such in-
quiries, which written answer shall, by
the best of his knowledge. Information
and belief; and unless the purchaser
at least seven days before the sale, in
good faith, notify or cause to be no''-
fied personally or by registered ma'l
each of the seller's creditors of whom
the purchaser has knowledge or of
whom such person can by reasonable
diligence acquire knowledge of sai l
proposed sale and the price proposal
to be paid therefor by such purchaser.
Nothing In the act f hall apply to sales
by executors, administrators, receiv-
ers or public officers In official ca-
pacity.
Mr. McGowen snvs of the bill; "This
statute will not Interfere with anv
honest sale, for even if the sale is
made without complying with the stat-
ute, it canrot he attacked or hci-i
fraudulent, unless creditors are act-
ually defrauded and left unpaid.
"In other words no rales are affect-
ed by the statute except fraudulent
sales.
"If the sale of a ba.incrt.i is honestly
mad* aaC creditors are paM or settled
with the sale will stand whether It Is
made secretly or not.
"But If the sale Is made secretly aitd
creditors are not settled with, then thJ
statute will presume the sale to be
fraudulent and void."
The bill is indorsed by the following
business men of Texa3-
Dallas—S. J. Hay. president • Toxa.'
Paper company; E. S. Lammcrs, A. A.
Jackson & Co.: J. W. Spake, G. H.
Schoelkopf, saddlery.
Fort Worth—A. P Foute. vice presi-
dent Waples-Platter Grocery compa-
ny: Oscar Wells, treasurer Fort Worth
National bank: H. E. Gardner. Carter-
Hunt Grocery company: F. M. Rogers.
Medlin Milling company.
San Antonio—G. A. C. Halff. vloj
persldent, A. B. Frank company; Jake
Wolfe. Onpenhelnter & Co., C. A. Kel-
!in*r,
ler. Keller & KolWr. attorneys,
Houston—E. A. Peden. vice president
Peden Iron and Steel company; A. S.
Cleveland, Willinin D.- Cleveland &
Son, Sterling Meyer, Hunt & Meyer,
attorneys.
Galveston*-M. Laskers. vice presi-
dent Texas Star Flour Mill.
Waco—S. I* McLendon, vice pers',-
dent McLendon. vice president McLen-
don Hardware company.
Austin—A. J. fillers, vice president
McKean-Ellers & Co.
Beaumont—T. S. Reed, vice presi-
dent T. S. Roed Gorccry company.
PROTECTION OF FARMER8.
Bill Licensing and Bonding Commis-
sion Men to Be Introduced.
Austin, Jan. 8.—Representative J. J.
Strickland of Anderson county will
prepare and introduce a bill which
will be of very great Importance to
East Texas, South Texas and South-
west Texas. Its purpose will l>e to re-
quire every man who is In business as
a commission merchant handling the
products of the farmers of Texas to be
licensed and bonded for that especial
business. He says the experience of
the fruit and truck growers of Texas
is that men with no responsibility sen.l
out requests for consignments of fruit*
and vegetables and that credulous far-
mers have sent their stuff to them and
have never realized anything on the
consignments.
LEGISLATIVE G08SIP.
Old Members Are Modest and New
Members Reticent.
Austin, Tex., Jan. 8.—A canvass of
the members of the Thirtieth legisla-
ture shows that very few others than
those who have already been Inter-
viewed on the subject are willing to
divulge what new measure they will
present at the coming session. The
fact is revealed that among the recent
arrivals scarcely any of the old mem-
bers have bills, while the new mem-
bers are modestly reticent in the prem-
ises. Kach admits that he has several
new bills which he may Introduce,
but he declined to say just wiiat the
bills are. It would seem that hey dis-
like to announce that they are propos-
ing a measure with the possibility con-
fronting them that they may never get
an opportunity to offer it before the
legislature.
Senator Veal announces that he will
introduce a measure for cutting down
fees of court stenographers. He says
that this is wholly advisable and that
he knows of an instance of recent date
where a court stenographer cleaned up
$80o In four weeks' time.
Not the least Important of the meas-
ures to come before the house is the
proposed measure of Mr. Baskin of
Tarrant in which he plans to regulate
the liquor traffic. In fact, there are
several members who have bills along
this line and at least one has a high
license measure. Mr. Baskin argues
that his measure will accomplish what
a high license would not accomplish,
for the reason that the richest saloon
men often conduct their business on
the loosest scale, in fact, he thinks
that a high license clause would be a
valuable amendment to the bill which
he proposes to introduce. Mr. Baskln's
measure is drawn and will probably be
introduced early in the session.
There will also be Introduced sev-
eral measures regulating the traction
companies of the state.
Emanuel Roos will Introduce a bill
providing for fees to be paid, justices
of the peace and constables for services
In connection with preliminary exam-
inations. This in an innovation and it
Is intended to make the otflcers of the
law more vigilant in the performance
of their duty.
Among other special city charter
measures that will be before the legis-
lature are those for Dallas, Fort Worth
and Greenville.
would give s square deal to every rep-
resentative no matter where he hailed
from.
♦ ♦ ♦
Msyor Smith Modest.
Mayor Curtis P. Smith was loudly
culled for but he developed a streak
of modesty. He did not believe tlmt
Dallas should talk too much. He want-
ed to hoar from the representatives.
That was excellent "politics.
At eight o'clock the Love men as-
serted that they had the fight won and
exhibited sixty-six signatures of rep-
resentatives who had pledged them-
selves as proof of their assertions. It
was claimed that the sixty-seventh man
would arrive at 11 o'clock and the six-
ty-eighth voter would put in an ap-
pearance early in the morning.
Peeler Men Confer.
The Peeler caucus was held In an
adjoining room on the same floor. The
crowd was smaller than that which
greeted Mr. Love and the enthusiasm
was not so great. The Peeler meeting
was behind closed doors and only the
trusty friends were admitted. An
outer guard was at the door.
It was feared by Love men that the
Peeler forces were planning to make
way with some of the weak brethren
by the champaign route. Noses were
counted to see of there wer any one
missing. And then Peeler withdrew.
♦ ♦ ♦
Tom Love's Father Talks.
In the corridor of the Avenue hotel
Col. Love, father of Thomas B. Love,
was waylaid and compelled to make a
speech. He showed the hove brand of
diplomacy by telling of old times in
Texas. He said that he had been a
resident of Texas forty years ago and
one of his first ventures after reaching
mnnhood was a farm in the Brazos
bottoms near Austin. He recalled some
or the hardships of the pioneer days in
Texas and his speech caught the old
timers.
A number of Dallas Love boomers
returned home last night, among them
being Ben E. Cabell. Leltoy Bristol
and E. L. Dalton. C. L. Wakefield tried
to fo home but Clarence Lane did his
best to persuade hi nito stay over and
see the finish. Gen. W. H. Patterson
states that he will be here al the final
round-up just to see how his work
counted in the management of a speak-
ership campaign.
Mr. Love has every reason to be
proud and grateful for the support
given him by his own people. The
Dallas men. ut least thirty strong, wen-
found everywhere working tooth and
toenail for his cause. Their moral sup-
port counted for much in the speak-
ership fight. He won a great victory.
DALLAS IS PLEASED.
OSTEOPATHIC BOARD.
Physicians of That School Will Advo-
cate Passage of Bill.
Auntln, Jan. 8.—Dr. T. L. Ray of
Fort Worth, Dr. J. F. Bailey of Waco
and Dr. M. B. Harris of Fort Worth,
are here as the representatives of the
osteopaths of Texas. They want a bill
which will provide for the appointment
of a state board of examiners for os-
teopaths. The proposition they will
submit Is not In any way to Interfere
with the other boards In the slate, but
to have a board composed exclusively
of osteopaths and require every per-
son. before practicing as ap osteopath,
to pass an examination and receive a
certificate which will recite the quali-
fications. They have not yet selected
the members who will introduce tho
bill.
Peteet in Austin.
Austin. Jan. 8.—Walton Peteet of
Dallas, legislative representative of the
State Federation of Labor and other
members of the labor legislative board
arrived to-day.
Mr. Peteet said that no meeting of
the board in Austin would be neces-
sary; that they had already agreed
upon their plans and are ready to start
work with the opening of the legisla-
ture.
FINAL LOVE FEAST.
Great Rally of the Love Men st the
Driskell.
Austin, Tex., Jan. 8.—The final "Love
Feast" before the real balloting In the
state house today was held last night
at the Avenue hotel. Mr. Love's rooms
were too small to accomodate the
crowd, and the parlors of the hostelry
were used.
The caucus was unique In that It
was held with the doors and windows
open. There was no secrets and the
list of Love supporters was read out
so all could hear. Ben. F. Gafford, ot
Sherman, who by the way, is the man
who makes the nominating spcech to-
day, presided and there were speeches
from many representatives and friends.
Honorable Patrick O'Keefe made s
great oratorical effort and brought
down the house. He said that Dolls*
was for aU Texas and that Tom Lori
Friends of Mr. Love In City Rejoice
Over His Election.
When the news that Hon. Thomas
B. Love had been elected speaker of the
house of the Thirtieth legislature
reached Dallas shortly after 2 o'clock
this afternoon there was much rejoic-
ing among the friends of that gentle-
man. Mr. Love is popular in the city,
and the citizens of Dallas, irrespective
of partisan ties, will be glad to learn
of his success.
For a county to furnish the speaker
of the Texas house of representative!
is no light honor, us It Is one of the
highest offices In the state govern-
ment. The speakqr dt the house has
more to do witli shaping legislation
than any man In either branch, and for
the next few months Speaker Love
will be In the limelight.
Mr. Love is the first speaker of the
Texas house chosen from Dallas coun-
ty since the days of John H. Cochran,
( "Old Sorrel I Top," as he was affec-
tionately called by his friends), who
served in that capacity during the
Twenty-third legislature. Mr. Cochran
had served In two previous legislatures
as speaker and was known as one of
the best parliamentarians who ever
held the position. Indeed, during the
stormy days of the "Reed congress,"
when that Iron presiding ofrioer was
bitterly assaulted by the Democrats for
"counting a quorum," the big man
from Maine astounded the house by an-
nouncing that he obtained Ills precedent
from "a ruling made by Hon. John II.
Cochran, speaker of the Texas house of
representatives." Mr. Cochran is now
a prominent citlsen of Nolan county.
Mr. Love, the new speaker. Is well
grounded In parliamentary law, has a
judicial mind and his friends believe
will make a record as presiding offi-
cer of the Texas house.
Many telegrams of congratulation
are being sent Mr. Love from Dallas
friends.
RAILWAY MEN
WANT A RAISE
Grievance Committees are in Session
at Houston.
TWO CENT FARE
OVER THE ROADS
favorable Report from Committee to
Constitutional Convention.
FELLOW SERVANT LAW
Proposition to Abolish the Doctrine is Sub*
mitted—Other Measures Were
Brought Up.
Guthrie, Okla., Jan. 8.—Chairman
Robt. Williams, of Duruut, chairman
of tlie railroad committee to-day fa-
vorably reported the provisions for a
two-cent railroad fare and a folio a
servant clause. The two-cent fire
proposition follows: A company or
corporation, receiver, or any other
agency operating a railroad in whole
or in part in this stale may demand
and receive for first-class transporta-
tion of passengers on roads not exceed-
ing two cents per mile.
The other proposition abolishes the
doctrine of fellow servant, and given
employes and their personal represent-
atives rights and remedies when In-
juries are due to another employe, this
same as though due to the mast >i\
The defense of contributory ncgll
gence in damage stills Is made a ques-
tion of fact for submission to the jury.
O. F. Brewer Introduced a ^memorial
to congress for the removal of restric-
tions on the leasing and sale of all In-
dian lands in the Indian Territory, ex-
cepting the homestead of full bloods.
The memorial was adopted.
A resolution was adopted on motion
of Lodbettcr congratulating the mem-
bers of the constitutional convention
for New Mexico, now ill session in
New Mexico, and endorsing separate
statehood for Ari'/.ona and New Mex-
ico.
Chairman Roberts of the committee
on liquor traffic, to-day Introduced t
proposition for the extension of the
lndiun Territory twenty-one years'
prohibition clause imposed by con-
gress over Oklahoma. It is expected
that It will be Indorsed by the majority
of the committee and that the minori-
ty will bring In a resolution for sepa-
rate submission on high license.
The committee on county boundaries
has decided to locale temporarily
county seats and to call an election for
permanent location.
WOMEN LOBBYISTS.
They Appear Before Convention for
Equal Suffrage Cause.
Guthrie, Okla., Jan. 8.—The latest
accession to the forces of the women
who ure here lobbying for an equul
suffrage clause in the constitution of
Oklulioma Is Miss Luurti Clay of Lex-
ington, Ky., president of the Kentucky
Equul Rights association, anil a mem
her of the aristocratic Clay family so
prominent In Kentucky affairs.
She advunccs a unique argument
claiming to come here as the repre-
sentative.of the women of tile South
She says that the women do not neod
equal suffrage so badly as the men
need to extend the ballot to ' them.
"The race question Is becoming a mo-
mentous question ill tlie Scuth," she
said to-day. "and the men need our
ballots in certain localities to escape
negro domination."
"But cannot the negroes outvote
you?" she was asked.
"No," was the unswer. "There nre
the educational and the poll tax quali-
fications. We are asking only suffrage
for the women who can conform to the
law.
"Our votes are needed In the South
to escape the race peril and for the
protection of our women. In other
stales there are great moral questions,
and questions looking toward the pro-
tection of the children, the working
women anil moral questions thai re-
quire the ballot for the women for
their proper solution. Oklahoma
should not be behind the other states.
The tendency Is everywhere for the ex-
tension of suffrage to women. Such
a provision should be iri tlie Oklahoma
constitution
Miss Clay will appear before the
suffrage committee of the convention.
Houston, Tex., Jnn. 8.—Simulta-
neous attempts are being made by the
Order of Railway Conductors arid
Brotherhood of Trainmen to secure a
fifteen per cent increase in wages from
the Sunset and San Antonio and Aran-
sas Pass lines. Grievance committee!
of both orders are now In session here.
The former are to petition the Sunset,
the latter are to petition tin- Sap.
There Is no Intimation of pending
trouble but a solid front will be pre-
sented to the roads In making de-
mands. The men decline to say they
will strike if refused.
The arbitration of matters pertain-
ing to the recent firemen's strike or.
the Southern Pacific will be conducted
here. The firemen have selected J. R.
Norton of San Antonio as their repre-
sentative and the road W. E. Green of
the Cotton Belt. These are to select
the third man. The time of the first
session Is not Indicated. All the strik-
ers have returned to work.
GETTING TOGETHER.
Republicans to Organize.
Lawton, Okla., Jan. 8.—Chairman J.
L. Hamon of the new Oklahoma Repub-
lican central committee, left here last
night for Guthrie to establish cam-
paign headquarters. About Wednes-
day of next week ho expects to have
a complete list of committeemen made
out and ready for the public. During
Mr. Hamon's stay of a few days at
home he has been carefully laying plans
for the first state campaign.
Washington, Jan. 8.—The Republi-
can leaders of the senate were In con-
ference at various times today with a
view to reaching an agreement on the
terms of the resolution relating to the
president's charge of negro troops that
will harmonise the differences between
Senators Foralcer and Lodge, and there
Is excellent prospects of such succcss
In that direction. The Indications are
that a provision will be determined on
directing an Inquiry by the committee
on military affairs Into the occurence
at Brownsville without specifying
whether It shall deal only with the
facts ar shall Include the legal prob-
lems as well.
In consequence of this prospect, Sen-
ator Foraker has postponed further
presentation In the senate of his views
on the subject. It was announced that
Senators Tillman and Daniel and other
senators desire to be heed before the
close of the debate. Mr. Tillman could
not proceed today on account of III-
FIRST OF THEIR KIND.
Defendant* Are Charged With Con-
spiracy to Hold Negroes in Peonage.
San Antonio, Texas, Jan. 8.—What Is
believed to be one of the most .Inter-
esting cases ever tried In the Federal
courts here will be called today by
Judge Maxey. This action Is styled
the United States vs. J. T. Cole and
M. Z. Cook, who are Indicted on a
charge of conspiring to hold in condi-
tion of peonage certain persons.
The Indictment was returned by the
federal grand Jury during the December
term of 1905. This Indictment charges
that Cole and Cook did "unlawfully
conspire, combine, confederate and
agree together to hold In peonage one
Judge Johnson and one Hagar Johnson
against the will of Judge Johnson and
Hagar Johnson, carrying them from
Seguln to the parish of Ouachita, Lou-
l.ilana, and there compelling them to
work for I. T. Cole In payment of a
debt claimed by Cole."
It is charged that the Johnsons were
removed from Seguln April 21, 1904.
District Attorney C. A. Boynton said
this afternoon that this would be a
most interesting case, In that It would
be the first of Its kind to be tried In
Texas. In this state the defendants
are charged with ac onspfracy to place
persons In a state of peonage.
There are other Federal Indictments
pending in Louisiana charging peon-
age. .
It Is expected that the evidence to be
brought will disclose that six or eight
negroes were taken from Seguln and
about twenty-five from Waelder to
Louisiana. There are a large number
of witnesses here to testify.
JUMPED FOR LIVE8.
Engineer snd Firemsn Forced to De
sert Their Engine.
Fort Worth, Jan. 8.—An engineer snd
foreman probably saved their lives In
jumping from the cab of a locomotive
as It crashed Into a caboose on the
Cotton Belt tracks near the elevator ot
Kolp Bros.. North Fort Worth, at 11
o'clock last night.
Engineer Owens and Fireman Han-
dricks were the men In charge of the
engine, and as they Haw the big inogul
about to crash into a caboose uhead
they jumi>ed and were practically un-
injured. After colliding with the ca-
boose. the engine turned over on Its
side and had the engineer and fire-
man remained in tlie cab both would
have In all probability been killed.
Fortunately, no one wus In the ca-
boose at the time. The cuboose was
almost wholly demolished, and it will
require twelve hours to clear the gen-
eral wreckage.
The engine was pulling a freight
train into the north side yards, and the
cuboose was also upon the main line
track. No flug being on the caboose
is said to have been the cause of the
rear-end collision. The engine was
moving at a speed of about fifteen
miles per hour.
While the Cotton Belt main line
tracks in North Fort Worth nre thus
blocked, entrance to the Texas and
Pacific station Is also cut off by a
wreck occurring at (i o'clock yesterday
afternoon. Three cars, one oil tan<t
and two empty refrigerator cars, were
derailed at the Cotton Belt-Frisco
crossing in the Texas and Pacific yards,
and all trucks were off the tracks. The
Frisco is, of course, also cut off from
entrance into the Texas and Pacific
station.
The Rock Island wrecker was pressed
Into service, but the wreck had not
been cleared up to an early hour this
morning.
MAYOR SCHMIT2 ASKS
FOR A HEARING
He Applies for a Writ of Habeas
Corpus.
San Francis >0, Jan. 8.—Mayor Eu-
gene 1'., Schmltz, through his attor-
neys, yesterday petitioned the supreme
court for a .vrlt of habeas corpus al-
leging he Is being Illegally deprived of
his liberty. To apply for this writ 't
was necessary for him to surrender a
portion of his bonds and place himself
In the custody of Sheriff O'Nell. A
petition for it writ of prohibition was
also filed before the higher court to
prevent Judge Dunne from ccntinuimr
with the trial of Schmlt?.. The su
preme court urunteil the Issuance of
the writ, which was made returnable
next Thursday when the matter will
be argued. Pending the return of I ho
writ. Mr. Schltz v.aa admitted to cash
bail in the sum of $i>000.
-'.I- A. .<■ . . ..
HE FEARED SLOW POISON.
Ohio Manufsoturer Told Court That
His Wife "Led Him s Dog's Life."
Springfield, O.. Jan. 8.—Divorced
from two wives, the second separation
occurring only four months ago, Chas.
IC. Patrlc. aged millionaire manufac-
turer of this city was married to Miss
Mary June Vcaxey, in Washington,
I). C.
It Is a coincidence that when an-
nouncements cards were received here
Mrs. Patrlc No. St arrived from New
York in company with her lawyer,
Judge 10. F. Cady of Auburn. N. V.
They brought with them a bundle of
letters which they say fortn a part of
a correspondence which has been car-
ried on between Mr. Patrlc and Miss
Veazey for a period of several years.
The divorce granted four months ago
was upon tin- petition of Mr. Patrlc.
His married life with his second wife
had never been happy-and he brought
suit for divorce elght4en months ago.
He left his magnifiuent home while the
suit wus pending and took up Ills resi-
dence at one of the hotels. A few
months luler lie was seised with heart
trouble, and Ills wife, healing of It,
went to his bedside and nursed him to
health and to a reconciliation. It was
only temporary and the petition was
later roflled and the divorce granted-
without a contest.
At that time Mr. Patrlc told the
court that he hud been leading a "dog's
life" and that lie believed his wife had
been administering slow poison to him.
The object of Mrs. Patrlc, the di-
vorced wife, is now to obtain a rehear-
ing of the case, notwithstanding the
$100,000 alimony which she was al-
lowed. At the time of divorce pro-
ceedings It was commonly supposed
tiiut wife No. '£ lied caused the separa-
tion between Mr. Patrlc and his former
wife. But the former, however, said
that wife No. 3 had not come between
her and Mr. Patrlc, but has been the
cause of the separation between him
and wife No. 1. She says that the
bride Is the woman named as co-re-
spondent In her cross petition.
The Patrlc family came from Roches-
ter. The bride Is said to have been a
servant in u family there.
AIMED AT CIGARETTES.
Bill to Prohibit Them Introduced in
Legislature.
Jefferson City, Jan. 8.—If a bill In-
troduced in the house of representa-
tives by Representative Cross of Clin-
ton county be-omes a law, a cigarette
smoker may smoke If he can. by sur-
reptitious means, obtain the material
needed to roll the cigarette. The blil
prohibits the manufacture, sa le or tlie
giving away of cigarettes or clgurcUc
paper.
Whil* there has been no court opin-
ion In Missouri on the question, the
supreme court of Nebraska has deckl-
ed that "manufacture" does not mean
the making of cigarettes for one's own
use. Anyway the proposed Missouri
law only prohibits the manufacture for
sale or giving away.
The section of the bill Introduced,
which covers the question Involved. Is:
"It shall be unlawful for any person,
firm or corporation In this stiite to sell
or give, or offer to sell or give or have
in their possession on or about their
premises for the purpose of selling or
giving away, or to make or manufac-
ture, or to assist In the making or
manufacture for the purpose of selling
or giving away, any cigarette or ciga-
rettes, or cigarette wrappers or ciga-
rette papers, to any person whomso-
ever. Any person, firm or corpora-
tion violating any of the provisions of
this act shall be deemed guilty of a
misdemeanor, and. upon conviction.
r.hali be fined in nny sum not less than
|20 nor more than 1200."
The measure also provides that It Is
the duty of every circuit judge, when
empaneling a grand Jury, to call the
attention of the Jury to the provisions
of the act. ^
Sherman, Tex., Jan. 8.—At a meet-
ing of the creditors and stockholders
Uf the News Publishing company, D.
W. Gullck was appointed receiver.
The plsnt was ordered sold by tho
referee on Jan. M. The News Publish-
ing company wera the publishers of
the Dally Register.
NOTED BRtWR
IS ASjCK MAN
Mr. Busch Will Not be Able to Attend
to Business .for Months.
St. Louis, Mo., Jan. 8.—The Post*
Dispatch prints the following concern-
ing the condition of Adolphus Busch:
Adolphus Busch is still a very sicic
man. For months he will not be able
to attend to even the smallest details
of his business, and his physician say*
that he cannot be cured except by 4
prolonged climatic treatment and tho
closest 'attention and care.
Preparations are being marie to take
him to Aiken, 3. C„ but he will not go
there for days, perhaps weeks, becaua>i
his physical condition Is so bud that ic
would be Impossible for him to stand
the fatigue of even a short journey at
the present time.
'•'or six days nnd nights Mr. Buscit
has been unub!e to lie down. When
he attempts to do so he 1s seized with
a coughing spell, which, in each cas.j.
Is so serious that his family fears that
he will not be able to survive.
He spends all of his time sitting up-
right in a his armchair. Even In thlJ
position he coughs frequently and at
intervals he has sinking spells, during
which he lapses into unconsciousness.
Saturday morning, by order of Dr.
Luedeklng, who hail spent the nigUt'
with ills patient. Mr. Busch, in his
chair, was carried to a window on tliw
south of his bedroom and placed In a
position where the sunshine would full
•upon him the greater part of the day.
This sun bath Is a part of the treat-
ment which, It Is hoped, may bring liim'
back to health.
The pneumonia, with which he was
first affected ten days ago. has passed
away and It Is believed that there Isr
no further danger from that disease.
, It was thought that when the pneu-
monia was checked there would b*
nothing the way of a rapid recovery,
but when the ninth-day crisis passeif
and there was only a moderate Im-
provement the physicians were con-
vinced that some more deep-seatoj
malady existed.
♦ ♦
Disease Long Dormant.
A careful examination showed thN
to be true. Mr. Busch is now suffering
from acute bronchitis, which has lain
dormant lu his system since his re-
turn from lCurope last summer. It 1s
tills disease which Is causing the rack-
ing coughing spells which so greatly
weaken the patient nt frequent inter-
vals.
The first set-hack In Mr. Busch'i
condition was noted enrly Thursday
morning when lie seemed to he sinking!
Dr. Luedekiug responded to a hurry
call and remained with Mr. Husch day
and night until 10 a. m„ Saturdays
when he left the Busch residence say-
ing iliHt he would return In the after-
noon. At that time Mr. Busch sat lit
a shaft of sunlight ut his. bedroom
window, asleep in his arm chair.
Shortly after lie left the house Dr.
Leudeking said to a Post-Dispatch re-
porter:
"Mr. Busch's condition Is as good as
we could exnect, but Improvement Is
not rapid. We are preparing to take
him South for a long stay.
"His usual winter trip to Pasadena
would be out of the question In his
present condition. He could not stand
it. There is now no further dangor
from pneumonia. Just when that dis-
ease passed It is almost impossible tct
say. hut It is not now a menace an<l
there Is practically no danger of a re-
lapse to it. What we have to fight
now Is bronchitis. This affection has
been with Mr. Busch since his return
from Germany last summer. It at-
tacked him soon after he reached St.
Ijouls anil was a serious inconvcnlence
to him for awhile. The present attack
Is even more serious."
Asked if bronchitis could be consid-
ered a serious or possibly fatal diseases
Dr. Luedeking said after a moment's
hesitation:
"Well, It can be most troublesome^
Prolonged climatic treatment must be
looked to for a cure In the cuse of Mr.
Busch. Bronchitis bt not at nil akin t<>
tuberculosis. It would be foolish t®
look for tuberculosis In a man of Mr.
Busch's constitution."
♦ ♦ ♦
Employee Shed Tesre.
A report that Mr. Busch was much
worse caused consternation among old
employes of the brewery Friday tilgliL
It wus known to bo the critical ninth
day of tho pneumonia iiiege, and men
who had worked with and for Mlt
Busch for thirty years gathered on the
street corners and wept.
liarly Saturday morning twenty of
these men went to the Busch home o
ask after the condition of their em-
ployer. When they were told that he
had passed a very restless night they
remained inconsolable.
Dr. Luedeklng said to a Post-Dis-
patch reporter that every person 'n
the Busch household is more or less UL
This Includes the entire family party,
which went there for the Christmas
holidays, all of whom are still there.
"Not one of them Is well," said Db
Luedeklng. "They are all nervous and
overwrought and In bud shape phys-
ically. Mrs. Busch, though not suffer-
ing from any malady which can bo di-
agnosed, is worn out. Her statu is one
of exhaustion."
August A. Busch. eldest son of Adolv
phus Busch. Is confined at his home by
an attack of sciatic rheumatism, which
is centered In his left knee. ' Dr.
Luedeklng Saturday ordered him to re-
main III the house.
Adolphus Busch Is still as cheerful
as lila. condition will permit. His phy-
sician has forbidden hint to hold family
levees and visitors, even members ol
his own household, are admitted to his
room for only a short time each day.
San ttandsco, Jan. 8. -Railway fares
from California points to places Ohio,
Indiana and parts of werstern New
York and western Pennsylvania will bs
ednced, beginning February 1, from
between thirty-five cents and 91, ac-
cording to the specific destination at
the puchaser of a Southern Paclflo
ticket. These reductions will apply on
any main line route .either by way oC
Ogden or by way of El Paso.
jjytejj|Kg|j
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Southern Mercury United with the Farmers Union Password. (Dallas, Tex.), Vol. 27, No. 2, Ed. 1 Thursday, January 10, 1907, newspaper, January 10, 1907; Dallas, Texas. (https://texashistory.unt.edu/ark:/67531/metapth186275/m1/5/: accessed May 9, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .