The Houston Post. (Houston, Tex.), Vol. 25, Ed. 1 Monday, November 1, 1909 Page: 3 of 12
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PENITENTIARIES
Will Be Discussed During the Cora.'
log Campaign la Texas
THE VISITORS TO DALLAS I
During tht Fair HaV Included
"Many Ken Who Figure In
the Political Vewi ud
' Gonip. 1 V
YJ.fi M'NKALUt.
- DALLAS - Teems. 1 October There's
been more "goings on' In Dallas during
the Veek Just ctoee-1 than the State lair.'
Folltlcs has been in evidence on every
hand on every day ta ' the "sex. dds
.Shaw has- been here from ' Me - cotton
plantation in the Red river bottoms.1 Co ta
Jolinaon has been- her from the 1 sanl
hl'la.. of East Texts "Bill" Polndester
has been here after taking a hand In a
hard and historic murder trial1 at Ormn-
bury crowing 04 of a political tragedy
In hot-blooded Comanche county. Martin
Lacy has been here from the political
range In the Abilene country and bounced
' into the governorship game like a 2-year-old
steer. .. 1":
J.-W. Blake an old-time war horse
with "cat-apple'" memories from the
strenuous days of populism has been here
and lined up with the squad of candidates
for State railroad commissioner. Beveral
members of congress and several mem-
- bars of the State democratic executive
committee have been' here feeling the
public pulse and getting ' their bearings
for next year's campaigning. v
State Senator Brschfleld has been here
listening to Importunities of a legion of
friends that he get into the race for lieu-
tenant governor but be kept right on
"sawing wood."
R. at. Johnston the National demo-
cratic committeeman and Frank An-
drews ex -chairman of. the State commit-
tee ran up from Houston to hear their
old friend B. P. Yoakum the brainiest
ra!lrad magnate of the day talk agrlcuU
ture and general Industrial good sense at
the State fair.
Willie Hobby formerly secretary of the
State . committee and now the foremost
newspaper manager of the Beaumont
country was in evidence listening ob-
serving and storing away ideas gathered
as only men of Hobby's refined and cul-
tured temperament can store them away.
wmioui mating any noise or aemonstra-
tion.
There were other political bright lights.
too rgierous to mention" In Dallas
during the past week and they were all
studying the situation realising that ex-
citing days of law are near at hand.
Querying hearing and making note of
many reportorlal matters I have arrived
at the conclusion that all of the cam-
paign fighting for 1910 has not yet been
framed up among the Texas democracy.
A new and Intense issue .it strikes me
is going to be Injected Into the campaign
and one that It will be difficult for the
candidates to dodge or sidestep or for
the people to lose Interest In. ' What Is
commonly called the "penitentiary scan-
dals" Is going to be productive of this
new issue. I have found during the past
week more' general interest expressed In
the developments being made by the
legislative investigation of penitentiary
affairs than I have In prohibition or the
tariff. The developments concerning bru-
talities and numerous Irregularities of the
convict system have taken lodgment in
the public mind and next year I believe
will hear a loud public demand for such
substantial reforms in the Texas peni-
tentiary methods that no primary can-
didate for the governorship or member-
ship in the State legislature will be able
to evade the Issue.
I do not wish here to be understood as
prophesying that penitentiary reform as
an issue Is going to supplant prohibition
or the tariff In the controversies of the
democratic party next year; but I do pre-
dict that It will occupy equal prominence
In the campaign with these Issues. Either
this or I have misjudged public feeling
as reflected by political visitors to Dallas
during the last six days.
Boiled down to Its best condensed form
I find the public conscience aroused
against and public thought concreting In
opposition to the "convict lease system."
There have been men in Dallas during
the past week who declare humanltarlah-
Ism in prison management to be as much
a moral question as can prohibition of the
liquor traffic ever be. The opinion la
growing against the practice of the State
or the Individual commercialising the
criminal element that has come under
the cornf-ctive hand of the law.
The nut of this growing opinion is that
prisons are established for two purposes
only: First to restrain and as far '.is
possible reform the criminal. Second to
protect organised society against tho
criminal. .The idea of adding the preva-
lent third purpose personal pr public
profit from the physical efforts of the
convict Is faat growing to be abhorrent
to Texans.
This is the essence of what I have gath-
ered on the question by talking with a
large number of rolecttve democrats who
have found Dallas a Mecca during the
State fair. No one should fail to remem-
ber the prediction: Penitentiary reform
Im going to be a big question for the poli-
ticians to handle next year. It's going
to break even with prohibition and the
tariff to say the least.
A public official whose position is such
that be knows what he is talking about.
In discussing this new Issue said to me:
"It is almost a certainty that Governor
Campbell Is going to call an extra ses-
sion of the legislature early In the year
and mainly because of the penitentiary
situation and developments made In con-
nection therewith. When the Investigat-
ing committee has finished its work anil
has Its report ready to submit I look for
the governor to Issue his call for an extrt
soon thereafter. And If I an extra ses-
ston Is held then watch out for Interest-
ing events and a new Issue In the coming
State campaign."
Men from Collin county bring the in-
teresting information that a brand new
democratic candidate for congress Is
likely soon to appear on the political
map of the Fourth district Already there
are three candidates for the nomination-
Congressman Randell of Sherman for re-
nomlnation and fton. B. F. Looney and
Hon. B. Q. Evans of Greenville. More
than one hundred letters according to
the statements of these men. have been
sent by democrats of Collin county alone
asking State Senator Tom Perkins of Mc-
Kinney to enter the race. Mr Perkins?
so far has declined all appeals.
A friend of his. who Is urging him to
enter for the primary running gave Mr.
Perkins this sendoff to me: "We are
going to make Tom run whether he wants
to or not. Collin county has not had a
congressman since the days of old Gov-
ernor Throckmorton more than thirty
years ago; and he was a credit to democ-
racy to Texas and to the nation. Tom
Perkins would be also. He Is young abler
vigorous and I .think reasonably v am-
bitious. He beat a popular man for the
State senate by more than 3000 majority
In a district made up of three ot the five
eoutitles that form the Fourth congres-
sional district. He la free from any ot
the entanglements that have appeared In
the parly Jn the Fourth district He has
always been a firm friend and supporter
of Senator Bailey- without unreservedly
committing himself" to everything that
Senator. Bailey advocates. He has always
supported Congressman Randeir In his
races for the nominating he has received
and Is on friendly term with him now.
But Collin county democrats believe him
to be good Congressional timber and w
are going to make film run if possible. "
This friend of Senator Perkins says that
Perkins refuses to entertain the proposl-
ttioa to run; says be is sot Inclined to
ive 'the time and the- money to the
campaign that It would Involva and does
h4 wish te-enter a free-for-all raoe. sua
as the presence of four Candidates would
create. This friend however says the
negative replies of Senator Perkins wWl
noi.De taken as nasi oy nia. menus. . ;
. The Information was given In this spe-
ear. correspondence two months Or more
ago that Dr.-JJliorgeJt. Tabor-ol. Bryan
would bo candidate fer the aemooraHa
nomination for congress from the Sixth
congressional district to Succeed Hon.
Bufus Hardy. The reoent ' personal an-
nouncement of Dr Tabor confirms. 'that
prediction. .The former; State health of
ficer has a host of friends In the counties
making up the 'Sixth district a well a
the State at large. He moved te Dallas
several years' ago but returned to his old
love Brasos county about two years ago.
A. friend from Bryan attending the
State fair said of Dr.. Tabor's candidacy:
"He can defeat Congressman Hardy single-handed.
We believe be can get a me-
Jortly .all the votes In every county In
the district with the possible exoeptlou
of Navarro. And If the old Bailey Issue
is to be revived by Congressman Hardy
and cut a figure In the campaign then
no man can lay claim to loyalty to Sena-
tne B&llev nf mora intensity than that
shown by Dr. Tabor. He has always stood
oy wnat la known as Bailey's --political
policies' and la and always has been a
close personal friend and firm political
supporter of the senator. When Dr." Ta-
bor goes after anything he usually gets it.
if be doesn't beat Hon. Rufus Hardy
that politically uncertain gentleman will
know that Dr. Tabor has been .In the run-
ning." This declaration makes 'it loo
like hot times Just ahead tor the fervid
democracy of te old Sixth district. . :
MARINE INSURANCE
WILL BET AX UPON ANCHOR-
AGE OF DISA IN HOUSTON. I
Mooted Question Pending -Upon
Successful Navigation of the
Channel. . v
Contingent upon the bringing of the
steamer Dlsa up the Houston snip chan-
nel Is the most momentous question of
the Houston navigation proposition that
of Insurance rates. The assurances that
the ship channel is navigable and la a
field capable of being practically' utilised
is what are being desired at the pres-
ent time by the various marine Insurant
companies and up to the present tini-t
there haa been no real demonstration of
the navigability of the channel.- When
the Dlsa under her own-steam anchors
in the turning basin the question will
have been solved and in addition to the
elimination of the marine Insurance ques-
tion will be added the still more pleas-
ing feature that of placing Houston of-
ficially on the government charts aa a
port.
CHARTS ARE UNFAIR.
Up to the present time Houston has
displayed a decided Inability Jn the mas-
ter of securing fair play at the hands of
those who have charted the southern
waters and the most noticeable instanau
was mentioned in The Post of Friday
morning where the ship channel from
' Houston to Galveston bay Is charted as
the "Galveston ship channel.' 'If goods
are consigned from foreign ports to Hous-
ton and the boats can deliver their goods
direct to the wharves at the turning
basin the government must needs recog-
nise Houston as a port officially. In
speaking of the matter yesterday one of
the prominent business men of "Houston
said:
"There Is no 7 disputing the fact that
the Houston future is just beginning an l
particularly significant will be the landing
of the Diss just as much significant 1 -Houston
as was the landing of Columbus
In America. I believe that this will mako
thia city the real railroad terminal ani
not only so In name but that the freight-
ing facilities will begin and end here as
far as the import and export Is con-
cerned. There Is nothing that woui.l
please me better than to ses the coastal
and Intercoastal trade more thoroughly
developed. A man was talking to me yes-
terday and stated that he was bringing
about two boatloads of produce chickens
butter and eggs from coast towns In
Texas and Louisiana to Galveston bi.t
that he would much preter to bring them
to Houston because he was able to mako
his purchases here with more expedition
and buy much cheaper but that he s
not alwaya sure of a market. I believe
that the produce men ought to look Into
this matter. There are a hundred sma-l
towns on the Texas and Louisiana coat
that would make their dally or semi-weekly
contributions to Houston's market if
they were encouraged by .a regular ma -ket.
Houston could be made the produce
market of the South with the slightest
encouragement."
THE MEXICAN TRADE.
The friendliness of Dr. Hlgglns of San
Antonio who Is one of the principals In
the Southern 8teamboat and Importation
company and also in the Southern Ba-
nana company is of good omen for Hous-
ton as Is conceded by all shippers. His
Industry In securing both markets and
cargoes Is well known and Just now he
la working on an intercontinental cotton
ahlpping proposition ' that bids fair to
solve quite a local proposition. He claims
that the transportation of cotton across
the Isthmus of Tehuantepec can be easily
arranged and that the boats from both
sides of the Isthmus can exchange car-
goes at a very little cost. If this can be
done with cotton the problem Of making
the exchange In other linea la a mere
question of detail.
The Mexican Import trade Is worth
looking after now that the country la
developing and has. In fact entered upon
a period of development phenomenal.
Tamptco now one of the most important
ports of Mexico being the inlet and out-
let of the Mexican Central lines from
Monterey Zacatecas Guadalajara and
Mexico City penetrating and concentrat-
ing the outputs of the richest agricultural
and mineral sections of the republic. The
friendly attitude of the Mexican govern-
ment toward the United States at the
present time and the friendly feeling ex
latlng between the republic and Texas Is
evidenced by the recent concessions made
to Texas people. The boat service be-
tween Houston and Tamptco covers about
600 miles. This mileage against about
1100 by rail from El Paso on the Mexican
Central and this too .a water rate
arainst an all-rail proposition.
With Mexico needing lumber farm Im-
plements building materials and all man-
ufactured articles and with a southern
outlet of an all-water line to Mexican
ports means more to Houston than can
readily be Imagined at the first glance.
A STEINO OF BUEGLAEIES
At Brenham Charged Against a Ne-
gro by His Confession.
(HmSe Pott Sptcial.)
BRENHAM. Texas October . Ac-
cording to the police Jesse Hayes the
negro who was arrested charged with the
theft ot a moving picture machine from
the Airdome theater haa confessed to a
string of petty burglaries which have
pusxled the Brenham police. The negro
Is said to have admitted that he broke
Into the store of Wlnkleman ft Bonn on
two occasions and secured ay small amount
In cash and. trade checks. He said he
was .looked In the store. In the same
manner he is said to have effected an en?
trance to the store of H. L. Getsecke.
near the Union depot when It cents was
reported lost In a burglary. The negro
also declared that be effected an entrance
Into the Ehlert furniture More through a
rear door and secured an accord eon two
knives and tt cents from the cash reg-
w :! .:--".-r- . V : :
HlefcatlpAPyDINC Cures Stele Heedschs
Ah Nerwee Headache; Travellers Headache
and scbai tram Grip Stomach Trouble or Fe-
male trosbles. Try . Capudine it's liquid f-
feota immediately Sold by druggists. . .
" M'agitmee are Important factor in the
home. Secure yours through Tho Post
and my money;'. . - ;v- --..'
IRON INDUSTRY
At iusi is ffol f Yielding RfJTCDue
to theStatfc-Vr".
THE METHODS ARE "CRUDE
High Irieed jfaohiner in It-
y .trp--State Qwt Bonie : -alii
Y 'i v' .able Ore Bed-BJo fltook
;;V..'i0rien-;''"'
by L. a! petit." ''
' BUSK Texas October 11. The peniten-
tiary Investigation committee took Ho tes-
timony during the second day of its stay
here the Mm being devoted to looking
over the hospital and vUitlng the furnace
the pipe foundry and the Iron ore beds.
JJut among othef things it came face to
face .with one of the most glaring of
the Inconsistencies with which the State's
method of dealing with convicts it honey-
.combed.' 1. . ' n ;' . .;" .-- ;
' As the committee entered the prison
building it ran across a Mexican whose
time was out and who was making prep-
arations to leave'. He was from El Paso
the fare to which point from Busk Is
122.60 and he. had a bonefelon on hl
finger that will prevent him from doing
any work for some time. When be Is
discharged a convict gets a suit of
clothes tt in cash and a maximum of tit
for railroad fare from the State. In this
case the total lacked $2.60 of being enough
to pay the man's way home to say noth-
ing -of allowing him something for sua-
tenenca en route - Now If this .Mexican
had no other funds and the chances are
that he was In that fix whose fault will
it be If he gets hungry falls by the way-
tide steals something or does worse and
comes baflt as a second-termer without
ever being able to reach his home even?
In the hospital the committee met Dr.
A. H. McCord who has been In charge
there since 1818. Under his escort the
several wards were visited and the Im-
pression gained that In that department
at least a serious attempt Is male" to
keep things In order. -
From Dr. McCord It was learned that
State Health Officer Brumby visited the
prison a short time baok and at first
blush commented unfavorably upon the
ventilation of the cell buildings but ulti-
mately agreed that the air space was suf-
ficient Dr. Brumby being an avowed foe of
the mosquito and the bedbug. Dr. McCord
was asked if the State health officer had
mMe any remarks on the subject of the
(iresence of these pests in large numbers
n the cell buildings. He probably did
not catch the question" aa. Instead of
answering It. he explained that while
there are many mosquitoes about the
place there has been no malaria.
The prison authorities are probably
waitlnar for the State entomologist to
come around and tell them what to do
with the bugs as well as upon the Htate
game warden to notfiy them of the
opening of the season for the birds that
come In through the broken windows and
fresco the railings around the upper tier.
of cells. . V
There are no bedbugs In the hospital
and Dr. McCord attributed their absence
to the sdvent of cockroaches. Formerly
there were bedbugs In the hospital he
said but cockroaches having made their
appearance the bedbugs decreased and
finally disappeared. After the bedbugs
had gone the cockroaches were slain with
hot water. The cockroaches might have
been trained - to attack the bedbugs ln
the cell building but there Is too much
lime used there for them and tl.ey re-
fused to get on the joXt. . '
The visit to the blast furnace and the
pipe foundry disclosed a great deal of
fine ljlgh priced machinery within-buildings
that are veritable fire traps.
The furnace after an Idleness of about
two years waa started up again on Oc-
tober 11. and Is kept running night and
day. Ninety tons of pig Iron have been
made In a day and it Is expected that
an average of 100 tons will be reached
and maintained in tne near ruture.
The pipe foundry las making from forty
to sixty tons of water and other pipe
per day and has orders for about $6U000
wortn 01 proaucc on nana ine rumace
hands work twelve hours per day in six-
hour shifts and receive pay at the rate
of 10 cents per hour for two hours' over-
time. A great many Improvements con-
ducive to the safety of the men have
been made in both plants but there is
still some work to do to bring them up
to date.
Just now the average of pipe that fails
to stand the pressure test and must be
broken up and remelted la IS per cent.
This will be considerably reduced as the
mill gets in full swing.
Assistant Financial Agent Gulnn figures
that it is costing him 113.75 per ton to
make pig Iron that brings tl7 to tig per
ton. He haa In hta calculation allowed
for the labor of the convicts and the
cost of their maintenance. Coke is now
costing him t6.S per ton J3.06 of which
Is freight charge. It Is obtained from the
Birmingham Ala. coal and Iron district.
In the past coke has cost the peniten-
tiary furnace as high as $8. So per ton.
Manufactured Into water pine the iron
brings 127 and J28 per ton. Culvert pipe
and the lower grades are sold for S22 and
t23 per ton. Mr. Gutnn is of the opinion
that If he could get hold of enough labor
and capital to run the mill to the limit
of Its capacity and accumulate a stock
of pipe of all sixes so aa to be in a
position to fill almost any kind of an
average rush order he would have a
never-falling market for the foundry's
product at good prices.
There are now 406 convicts In the Rusk
penitentiary. W of whom are engaged
In the iron business the remainder being
'employed to look after the buildings the
cooking departments the laundry etc.
Pig iron; water pipe and aash weights
are turned out. There Is a machine shop
where the State's railroad's work Is don.i.
Flat and dump cars for that road are
also being built at the prison.
The ore for the furnace Is at present
being obtained from a ten-acre tract of
land three miles away and on a hill on
the other side of a deep gully some dis-
tance from the end of the switch track
leading In that direction. At this ore bed
the committee found the ore' being moved
down one very steep hill and up another
on wagons to the end of the switca
track. There is a bridge at the foot of
the first -Incline under which cars can
be run and filled from the wagons above
and then pulled up to grade with a wire
cable. This waa not working today owing
to a shortage of cars. The track. It wis
explained was not extended to this par-
ticular bed because the amount of ore to
be obtained therefrom Is not sufficient
to have Justified the expense. When It
Is exhaasted however more easily accm-
slble deposits on the other side of the
gully will be -worked and the primitive
and expensive method ot getting tho ore
to the cars the use of which the com-
mittee observed today will be abandoned.
The State owna the ore rights on about
1000 acres of land within a radius of
three miles of the penitentiary or -enough
to supply the furnace for fifty or sixty
years to come as It Is estimated that
an acre -will average 6000 tons of ere.
The ore costs about O per ton to mine
and lay down at the furnace.
The hills' In this section for . miles
around are rich In brown ore that yleKM
about 41 per cent of iron and Is growing
In demand for mixing with the lean ores
that are being used at the different Iron
producing centers ot the United States.
The ore Ues in bodies ranging from elgnt
Inches to three feet In thickness and is
easllf mined. No particular attempt baa
been made to discover whether There Is
any ore deep In the ground k this sec-
tion all mining having been- heretofore
confined to the htlle-with surface indica-
tions. ' - -.-
Recently however. It haa been reported
from Alto twelve miles below Rusk that
twenty feet below the surface a stratum
of ore forty feet through was encounter-
ed In boring a well In that neighborhood.
While the committee waa making Its
round It met several eon vlcta recently
I brought la. from outsMe oamps who ae
c la red that they had been whipped for
testifying before the committee durlntf its
visits to the places where they were helo.
The matter waa called to the attention ot
Superintendent Herring who imme-
diately started for the Indicated points te
make a rigid Investigation. j r
IRON IS UNCOVERED
EFI0ETS i OF H0UST0NIASS
MEET WITH FINAL SUCCESS. .
J1000 Tom ot Baili in Bank of Trin
'X'litf. $inoe Ctal WarMade
V-in Walei.
1: .
i Information that the old railroad Iron
purled before the civil war near Liberty
baa finally been unearthed and that a
hoisting derrick has been shipped out of
Houston. td" lift"' out the rails prior to
hipping them to market comes as news
of botb local and Statewide Interest
During the unsuccessful attempts to re-
cover the Iron within the past few years
knowledge of the move has become her-
alded throughout the State and some
even .discredited. . the existence' of the
rslls.
' The undertaking has been shouldered
and financed by a party of Houstonlans
consisting of Hugh Hamilton W. H.
Bailey and T. P. Nichols.
According to Information In their pos-
session the rails which were Durchased
L. by rich planters to build a railroad were
1 deposited on what waa at that time the
east bank or Trinity river during April
of 1BS1 and lust prior to the war between
the States. 'The civil strife delayed work
on the railroad. and the rails lying un-
attended were allowed to sink under-
ground by a slow process assisted by
several big rises -In the river which
changed Its course about MO feet west to
its present location.
The nature ef the soil offered the heavy
Iron little resistance and at present the
rails are between twenty-two and twenty-
seven feet below the surface.
MIS1BTVNE8"eNCOUNTERED.
' Three years ago an attempt was made
to unearth ' the Iron but the big rise ot
tore . than -.twenty-five feet which oc-
curred at that time lasting nine months
prevented the work. A little over a year
ago -s -second ' attempt was made. The
servioM of the dredgeboat Lixxls Cap-
tain Delllhan were enlisted. The dredge
met with a misfortune before It had pro-
ceeded much farther than the mouth nf
the Trinity river burning almost to the
Water" a edge" and again the work was
delayed. Undeterred however. Messrs.
Hamilton Bailey and Nichols waited for
the boat to undergo a complete rebuild-
ing and with new boilers and practically
new machinery the Liszle was cleared
some months ago for Liberty her de-
parture being chronicled in The Post at
that time.
For several months the Llxsie has been
ot work digging a 76xS00-foot channel
twenty-five feet deep from the river's
edge to the burled Iron excavating in all
more than .000 cubic yards of earth.
The work haa just been completed and
the-machinery which will deliver the
rails' from their long resting place to
wagons for conveyance to the nearby
railroad was shipped from Houston yes-
terday afternoon.
1 RAIL IS PRESERVED.
Some fifty-seven tons of the Iron have
already been removed for analysis the
latter revealing about 4 per cent car-
bon. The rails are what Is known as
"charcoal Iron'! and such was the splen-
did state of preservation In which they
were kept for. the past forty years that
most of the specimens uncovered re-
flected the ssisis blue gloss as when first
turned out from the mills at Wales Eu-
rope These particular kind of rails are
aid ? to be made now only oa special
order.
The depths of the pile being yet only
a matter of conjecture the exact amount
of the deposit can only be surmised.
However It Is expected that there are
at least 1000 tons all of which writes
Captain Delllhan. will be removed within
two weeks' time. Considerable expense
has been borne from the repeated at-
tempts to unearth the Iron but the three
expect to come clear of the deal by quite
a neat sum. The steel market Is ad-
vancing right along and as soon as
prices reach a satisfactory level the own-
ers will offer their stock for sale.
Second Conrt of Civil Appealt. .
(Hmuim Pu1 Sfrcial.)
FORT WORTH. Texas. October 80.-
Proceedlngs In the oourt of civil appeals.
Second supreme Judicial district of Texas:
Submitted Friday. October 29: J. N.
Johnson et al vs. G. H. Haysltpp et al
rehearing; A. K. Warr et al vs. E. A.
HU1 et al to advance; J. O. Harris vs.
D. C. Berry to dismiss appeal; Missouri.
Kansas and Texas Railway Company of
Texas- vs. J. H. Branham. to strike out
statement of facts; C. V. Hill et al vs.
Henry Alexander et al. to advance; L.
B. Weinman vs. Charles F. Spencer to
advance and affirm with damages for
delay.
Motion passed for submission to No-
vember 6: Western Union Telegraph
Company vs. N. C. Shockley for rehear-
ing. Cases affirmed Saturday. October 10:
E. R. and D. C. Kolp vs. McAlester
Fuel Company from Tarrant: B. H. Wis-
dom et al vs. Sanford Wilson et al. from
Archer.
Cases reversed and rendered: Alexan-
der & Cole vs. T. B. Standlfer. from
Donley; J. M. Sandera et al vs. R. B.
Newton et al from Denton.
Cases reversed and rendered In part and
remanded In part: W. F. Hudman vs.
R. A. Henderson and M. M. Redwlne
from Lynn judgment of reversal and
rendition set aside and Judgment of low-
er court affirmed In accordance with
opinion of supreme court of certified
question; Moss A Raley vs. D. T. Wren
from Potter. n '
Cases submitted Saturday: Adella Will-
iamson vs. Chicago Rock Island and Gulf
Railway Company et al. from Potter;
Thomsson Thomason vs. E. A. Blount
et al vs. IL T. Hudgens et al.trom East-
land; MayTiew tt Co. va. Mrs. J. C. Har-
rell et al. from Eastland: Texas and Pa-
cific Coal Company vs. D. G. McWaln.
from Tarrant; City Loan and Trust Com-
pany et al vs. J .D. Sterner from Erath.
Fifth Conrt of Civil Appeals.
(Homsttm Pest Social. )
DALLAS Texas October 30. Proceed-
ings of the court. of civil appeals for the
Fifth supreme Judicial district at Dallas!
Affirmed: Hiram F. Lively et al vs.
Missouri Kansas and Texas Railway
Company from Dallas; Madlln Milling
Company vs. & M. Boutwell. from Hunt;
John M. Bonner Memorial Home vs. Col-
lin County National Bank from Collin;
Brown Anderson vs. Henry Pollack
Trunk Company from Dallas: W. K.
Morris A Co. va Bouthern Shoe Compa-
ny from Johnson. -
Affirmed by agreement all costs taxed
against appellee: T. F. Plnson vs. Texas
Blthullttc Company from Dallas.
Motions disposed of: - St. Louts and
Southwestern Railway Company va Hen-
ry Johnson file supplemental transclrpt
sustained; J. T. Stockard vs. Thomas T.
Held rehearing overruled.
Cases submitted: Hattle Radley et al
vs. Magdalene Knefly. from Dallas coun-
ty; Southwestern- Telegraph and Tele-
Sihone Company vs. W. E. Mason from
ohnson; International and Great North-
ern Railway Company va. T J. Hood
from Navarro: W. W. Fuller vs. J. A.
Pryor et al. from ColUa; R. L. Rags-
dale vs. J. W. Floore from Johnson.
Cases set down for submission Novem-
ber IS: Texas Seed and Floral Company
vs. Mrs. M. B. Warren from Hunt:
Houston and Texas .Central Railway
Company vs. J. T. Bush; from Grayson;
Nora Hall et al vs. Houston and Texas
Central Railway Company from Kills;
r. r. Murray vs. W. T. M'. Dickson
from Ellis: Houston sBd Texas Central
Railway Company re- O. L. Mayfleld.
from Ellis; J. W. Fields vs. H. C. Flor-
ence from Orsysea. ... lV y .
Higher Courts
AUNE; OWNERS
Request.; Ihit . . Committee ; Mate
tift Anothet lospcctlpo. ;
MDmONS AT CALYERT
Explained From . Viewpoint of the
.(rperaton-Bepjri by the 8tate
Mine Inspector Cited in
Protest Agxinst Beport
' ' (From the Fort Worth Record.) . .
The Southwestern Fuel and Manufac-
turing company owners of the Calvert
coal mines where conditions of convict
laborers have been criticised by the leg-
islative Investigating committee has ad
dressed a letter to Judge W. H.- Gill
chairman of the penitentiary board ask-
ing for another examination by trie board
or by a committee of business men. If
after such Investigation or without It the
board desires to cancel the contract . as
recommended by the legislative commit-
tee the company- requests time enougn
to prepare fqr tree labor. To make that
change will require the erection of some
fifty cottages and that would take four
months. . v ; .. . .
. The headquarters of ' ths company are
here the principal stockholders are Fort
Worth cltlsens and A. Cobden Is the
president" Mr. Cobden is well known in
Fort Worth and throughout the South-
west as the- former purchasing agent of
Swift eV Co. though that .company has
no interest whatever In the mine. -'.
Mr. Cobden explains in detail the con-
ditions of labor In the mine '-and recites
the effort the company has made for the
comfort of the men. He Is confident that
most of the. convicts would prefer to re-
main In the mine rather than be trans-
ferred to farms.
The letters follows: .
Judge W. H. GIU Houston.
Dear Sir: The Southwestern Fuel and
Manufacturing company aa you know
has a contract with the State by which
they use 100 of the State's convicts In
the lignite mine of the company near Cal-
vert Texas. You are also of ooisrse
aware of the charges whicH have been
made by the legislative investigating com-
mittee on the conditions existing in this
mlns and ot the wide publicity which has
been given these charges in the press of
the State and In view of the resolution
which the Wednesday morning papers
of this week state was ths previous day
adopted by the legislative committee rec-
ommending that the contract with us be
canceled by the State by November IS
or sooner If possible we are addressing
you this communication as chairman of
the penitentiary board concerning the
charges as well as the proposed cancella-
tion of our contract with the State.
STATE FURNISHES BEDS.
With reference to a portion of the
charges and particularly that portion
which complains of the beds In the quar-
ters where the connvlcts sleep we desire
to respectfully suggest that this Is a mat-
ter with which the company has nothing
to do. In our contract with the State
we are to provide and have supplies
very excellent quarters. The beds bed-
ding food and clothing are furnished and
handled by the State so that the only
remaining charge which affeota the com-
pany or rather over which the company
has control. Is the condition of the mine
end the allegation that the miners are
compelled to work In mud and water
and are compelled to walk through mud
water and slush In going to and from
their work. With reference to this alle-
gation we beg to respectfully refer you
to recent reports which the Btate mining
Doara must nave on tile because' mere
then one party representing themselves
as State mine Inspectors nave examined
our mine in the last sixty days and as
no complaints were lodged against Its
condition we very naturally assumed no
faults were found although we held our-
selves In readiness and have always been
willing to correct any faults that might
be found. We understand the quarters
furnished by the company for- the ac
commodation of the convicts employed
had more conveniences than those fur-
nished at most places In the State and
that In fact many arrangements there
for the convenience and comfort of the
convicts surpassed that of any other
camp In the State where convicts are
employed. For Instance we have noted
In the press dispatches our quarters are
exclusive in that we have provided sani-
tary toilets there is at the disposal ot
the men an abundance of pure artesian
water; there are numerous windows on
all aides of the building consequently
plenty of light end good air; a sufficient
number of stoves and plenty of coal are
are furnished by us to suitably heat the
quarters; there is a cinder path between
the mines and the quarters so that ths
men travel between these points in com-
fort and in the-summer-months several
acres of ground are reserved for and
there Is grown there an assortment ot
vegetables which are served on the con-
victs' table. Adequate bathing facilities
are provided m an lncloaure adjoining
the water being heated by steam pipes.
It Is In this room the men change their
clothing before entering and when leav
ing the mine and aa our boilers sxe un-
der steam pressure continuously througn-
out'the twenty-four hours. It Is hard to
understand the press reports which state
that the convicts have te put on clothing
that is frossn stiff because as betore
stated the boiler room and bath house
are under one roof and in one InclosuVa
REASON FOR STANDING WATER.
The charge has been given wide pub-
licity that on the occasion of the re-
cent visit of the subcommittee of the
legislative Investigating - committee
miners wers found standing knee deep
In mud and water. We beg to respect-
fully present to your board that the
facts are: Work has been abandoned
In one part of the east side of the mine
where some water exiated because of a
slight oave-ln and two miners were at
work making an excavation or digging
a place where water could and would
run and congregate so that It could be
pumped out from those places where
there was not at that time any work
going on. Another convict was driving an
entry nearby and stood In a few Inches
of water. On the day ftated three men
out of the entire caaap were tempo-
rarily working In water. In thia respect
kindly allow us to suggest It Is a com-
mon sight to see workmen in any mu-
nicipality working In ditches where mud
or water or both exist That these
miners were permanently engaged In
working In the water we emphatically
deny; that the miners In the Calvert
mine are compelled to so work we also
deny and assert In this connection that
the miners In the Calvert mine are not
overworked that the limit of amount of
coal expected to be mined by them !n
one day Is seven tons and if a work-
man mines more than thia amount ha Is
paid for It and In many instances the
miners are earning considerable sums of
money for the ' coal mined by them in
excess of seven tons per day.
In this connection we respectfully re-
fer you to the record of - convict No.
IS who on seven consecutive days com-
mencing September 20 mined an average
ef 2LRM pounds: convict No. O Septem-
ber tL. mined lt-We pounds convict No.
M September mined UJ600 pounds con-
vict No. 14 mined sn average-of a 700
pounda between September tt ani JO
and September SO convict No. 70 mined
2K.S00 pounda We find convict No. U
mined an average of JS.060 pounds on
eight consecutive days commencing Sep-
tember 84 and on one of these days he
produced 4a M0 pounds. These men were
not required to deliver more than 14.000
pounds per day. but of their own free
will and volition have mined the amount
stated for which we pay them person-
ally for every pound ever the 14.000
pounds which are due us on the con-
tract with the State.
PERFECTLY SAFE.
It wonM be utterly Impossible for
plckmen to. get these results It we did
not hare what to probably the heaviest
vein of coal la the State of Texas. It
measuring approximately fourteen feet.
We however do not take out all of
this coal but leave about four feet of
the coal for a roof which we - believe
Insures perfect safety and eighteen;
Inches for a floor oa which te shovel and
-to give the men a good . hard tooting.
There la very little If- an-forslgn. mat-
ter In. our coal which-we believe yott
will find on Inquiry runs very high grade.
In other words on Investigation among
those who are authority on lignite de
posits we believe you will find this body
ot lignite- considering its quality to-
gether with the thickness of the. vein-
equal If not surpassing any 'Other vein
up to this time discovered or being
worked In Texas which means that the
. convict plckman is not delayed .In load-
ing his oar by extracting the foreign
matter usuallv found in coal deposits.
In many reports we have' noted the;
men are compelled to dig seven ions
of coal each day.- To correct any mis-
vnderstandlng In this respect allow-us
to say the men do -not dig their coal out
of the solid block; on the contrary they
drill deep holes with' an auger at the
top of the 00a 1 Into which they place a
eharae or nowder. . A thin Insertion Is
made at the. bottom of the bed and at
of the mine- ths charge of powder re-
ferred to Is exploded by fuses provided
for that- purpose and from five to sis
tons .are knocked down on the convict's
floor- se that on his return all be hss
te de la to load this coal Into cars which
are set close to him for that purpose.
After this .loose coal Is loaded Into cars
the face ef the coal or the part ta.
which be mining la dressed up by him
and n the evening a new charge Is set
and after the day's work Is over a blast-
ing duplicating the one at noon takes
plaoe and this Is the manner la which
the cbal Is loaded. "' . . -'
Another feature which makes the work
there as Jpleaaant as any In this line of
trade - Is the fact that' our large .fan
provides a sufficient supply of pure air
and In this respect It has been stated
to us that our conditions are perfect. In
many other mines in the State the vein
Is a much smaller one some being only
from two to three feet In thickness- so
that when the miner Is engaged In' his
work he must pursue it lying down on
his side or back and In a doubled-up or
cramped position while In our mine the
miner pursues his labor standing-Up
with perfect freedom of action so that
to mine seven tons of coal Is not only
not an excessive amount but Is a task
accomplished easily by any" ablebbdled
man such u our contract provides I01V
and we are paying the Stats 144 per
month for each convict hired to us by
the 'State which Is a sum as we are
Informed flJ per month In excess of that
paid the State by any other company. .
MINING rNipECnON. - iC
If your honorable board will take the
trouble to Inquire of the members of the.
State mining board whp 'have Inspected
our mine' you will find that we have
provided a raised pathway between the
rails for the convicts to walk on to and
from their work; that we have at great
expense endeavored Jo make the mine aa
dry as it is possible to be done and that
we have made large expenditures to ren-
der the quarters sanitary and furnish
every convenience for the men. employed 1
In the mine although on some days and.
In some places a little mud will- be found
on the roadways which has been and can
be corrected but if your honorable body
will briefly consider that no man re-
gardless of his walk In life can go about
in any dtv or country without ianii.
ally getting his feet muddy- If only In
.7T"W . " eprinaier you wilt
readily understand that the little mud oc-
casionally found on . our rnartnv. 1-
oothlng like the press reports and if we
''"' "" own aoia 10 please sacn in-
dividual convict inside the mine It- is
not -we respectfully submit a fault of
the company t We have endeavored to
contribute as . far . as expenditure of
money has 'made It possible to the com-
fort of these unfortunate men aid not
to promote our own interests at their
expense. -..
'. With STMt nUMAt h. 1..1--
Investigating committees we beg to sng-
mat iue memoers are aot laminar
with mines.. either lignite) or otherwise
and we would beg of your honorable
body that ' before taking summary no-
tion la the premises if you can not by
reason of your many other -duties make
a personal inspection of the mines you
have members of the State mining board
make any sort or character of investiga-
tion you think is necessary or proper.. If
this is not sufficient in your Judgment
we would be pleased and greatly gratified
If you would appoint any number of busi-
ness men from whatever walk ef Ufa von:
see fit to choose them who have some
knowledge of mines and mine conditions. -and
let them visit. the different lignite
nuVns In the State and if they do not
make the resort that the conditions at
our mine are equal or superior to those
of any other lignite mine In the State
ux nexas wo wui no longer insist on the
contract with the State. ? at t. -
We waive ail discussion of the charges
which have heretofore been made against
our company and the mine which our
company operates la competition with
other mines and we waive these because
we candidly believe that absolutely the
best possible conditions from a mining
uluuuuiiii prevail ai us uaivtrt mine
and that this condition is not axcMded
at any other mine In this State. but we
hona the atatmant will nnl mIm..'
derstood if we express our belief or
rather our fear that the members of the
State legislative committee have been
Imposed upon by reports concerning our
mine.
MANY CONTRACTS. 'i
This statement Is not made and wn
hope will not be taken or misunderstood
to Have been made offensively toward
the honorable legislative Investigating
committee. The contrary is true. We be-
lieve the members are attempting to per-
form a public duty but in view of the
fact that we since the agreement with
tho State was concluded have made many
contracts with the understanding we were
to have the convict labor for which we
have contracted with the 'State we are
naiurmiiy solicitous tnat tne exact llt
oral and real truth be shown with refer-
enee to our mine. We are under contract
to supply many large concerns m Texas
and we are now under obligations to da-
liver for terms approximating one year
upward of fifty cars per week to con-
sumers throughout Central and South-
western Texas among whom Is the Agri-
cultural and Mechanical college of Col-
lege Station. These contracts as lfore
stated have been largely baaed upon
our expectations to have the convict
labor for which the contract with the
State provided.
That the conditions claimed by us exist
absolutely that aa Inspection of the mine
by experienced men will we are abso-
lutely certain prove the truth and cor-
rectness of - our position and that the de-
mand for a cancellation of the contract
made by the State with as to furnish
the convicts will be found te be unjust
we have not the least doubt and we beg
of the board before taking such action
as has been recommended some sort of
sn Investigation be made of the matter
the susTgestlons which we have mad for
aa inspection by the State mining board
or oy ine commiuee or nusiness men tne
latter of which has presented Itself to ua
as being fan- and Just but If your body
can conceive a better plan we beg of you
to adopt that and If you think proper
to Impose the expense et the same upon
us we are willing this should be done:
In addition to that and In connection with
the suggestion that the convicts are fat
some Instances dissatisfied men. If your
body will submit the entire matter to the
convicts and have . their wishes ascer-
tained by any one -whom you desire we
suggest transferring every convict who la
dissatisfied with Che conditions m our
mine In any partionlar.
AfUC FR TIME.
We earnestly insist that some method'
be dalmly and deliberately and with ss
near Judicial precision as can be. adopted
proceed te ascertain the Teal truth ef
the situation and conditions In. our mine
If In the Judgment however of your hon-
orable body in deference to the demand
of the legislative committee and others
who may be Inflamed by ex parte reports
on the conditions you are . disposed to
cancel the contract we wish to say that
rather than be harassed and stand fur-
ther embarrassment which la not due us'
by appeals te publlo prejudice; and con-
sequently subjected to the attacks of
men anxious to have political limelight
we slialhbe glad to change our mine from
convict to tree labor la fact we will wet-
coene the change it we are allowed time
enough to do so which Is absolutely nec-
essary and requisite to make it. In view
of ' the contracts te which attention haa
heretofore been called. YOn have knowl-
edge doubtless. . of the length of time
required to make the change. We have
no accommodation at thia time for free
labor and for them we would have to
erec about fifty houses. You of course
realise this takes time ttot only te se-
cure the materials but In their ronstrec
tlon.- We think the change can be made
In four months certainly it- would result
In an Immense loss to ua to have the con-
tract summarily terminated by November
1& aa suggested -by the resolutions adopt-
ed Tuesday of this week by the legisla-
tive Investigating committee. v
. To aumntarise we think a calm impar-
I'
'0
t ; '.
- .
j'-.v'y
vi-v ;-v
tr.I'
"ti : f
i '!(
- i Carries his ooat tn dry weather
" ' saith the proverb. Fooliah is
. he who falls to provide himself '
v - with proper raiment for stormy
days. v-.--. (-'"":
j"i-v Here It a fresh -:-eW lot; of-
answer for cold weather as .
HS-: well as rainy days. :
They are smart atvllah om-Y-
fortable and "ABSOLUTELY
: WATKBPROOF . ... ..... '
i ; Kngllth Gabardines 28 to 30.
Coats of genuine. Rosebery
doth .120.-'. .-; :
t iMtetisy; c&te&M. '.
'312.50 510
Mi-
Send lis your orders lor
Whistles jWines etc.
Distributors for: '
- PflRiniDGE '
DLUE VELVZT
joe curifin::
H WHISKIES
1 ( J
w rue us lor prices
us submit you samf!:
Japhet & Cc
r ; (fRCOltroKATCDf :
IsSSSlSS i - - ; "' " '"-'-! ' Ten:
LUMBER
' ' PROMPT DELTinCRT. J
Best Quality tamest Ptscee. -
CVERYTHINO UNDER HEC
gRAVUV FOB -OOMCRKTB WOKr.
C R. CDHUIUGS
hmSSEBi CX)l?a4IiT
Phones m 1 . V I Mala ir
tial Judicial Investigation should beir
However a m your joagment you i
this impractical although we hav
bona fids contract with) the Btate of 'I
aa for convicts which does not term)
until December u laUL. w can but a
by your -decision and U granted si
eieni time to make the change we
gladly abide or further if It la the
termination to cease leasing convict i
mine purposes we - are penecuy wh
the 'Contract be annulled on jeasonu
notice. .- . : -f .i.y Jt --:...-.-
We -are writing you '- this- '- bef
Stated as chairman ef -the penitent it
board and beg of you that you pre
It to the board -at its regular meet
when doubtless the report or resolui
of the committee . will come before 5
for action. Tours very respectfully
. Southwestern jmcl ek .sUg. lo.
By JL- Cobden. President .
iJttSPZCTKWa REPORT.'
P. S.431ace writing the foregoing
Imvs received In this morning's m;
copies of the report -of a Jf. Taylor Sta
mine Inspector covering . his - tnvestlg
tlon of our mike made . only -yesterday
October XT. 'We are gratified and great!
ltlnssnd tn receive this unsolicited repo-
at thia time which fully and complete
corroborates our statements tn the fore
going communication: . - - -r
Va Whwi ft Uh raaiwra. -
(Vfhai. iana:Blll sa-ir Tv"-flnd tb
Southwestern Fuel andU Manufacturin
company's mine to be away ahead of ai
mine I have visited in general oondltloi
ail. around. While I find some water
do not consider rt any great object to g
rid of -with the new pump" Installed an
roads ballasted and drained. I find n
dangerous places and a small amount o
work on tracks and air will put the tnln
In- Ho 1 condition S. a. Ty ..
-H ; ... . . State Mine Inspector.
fNSPBCTION AND RExTOMMKNDA-
Inspected October 17. ISO. ' '
Name of company. Southwestern-. F
and Manufaoturnlg company. - v -.'
Number of mine one. .
Number of hours Inspecting mi-
recommend the following Impro
ments and changes i to be made vim:
Unas thmurha In rooms and from '
tries to air courses cut every forty 1
Curtain on or opposite of the pi) nr
every third room. Brattloes on line
curtain to be stopped up to the last !
through which must e aept eiear 01
dirt and material.
Rules and regulations of the r
VBJng''r chaliw or tiraior nan
for an men riding oh JSges. tTra.
be raised on south entry at various
ballasted UP with cinders or- other i
rial to abolish the mud and wate-
on east entry an parting and I
aallastlnar. Also la in"
opening a safs way of getting out
mine ' ' i-
I una son -v-
cavtng In of pillars rune which
iW to handle plenty of air.
very large surplus it properly d -I
find nothing wrong but can hr
ed In a short time. Time fifteen
. I hereby attsch my name ar- '
that the mine waa Inspected on t
dale- by mine tnsnector.
i ' ' R. W. Waush Bu
i'tk i. Taylor Inspector -.(
V ';': r ' viii
Raincoats :
V:
m
'
1
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The Houston Post. (Houston, Tex.), Vol. 25, Ed. 1 Monday, November 1, 1909, newspaper, November 1, 1909; Houston, Texas. (https://texashistory.unt.edu/ark:/67531/metapth605738/m1/3/: accessed May 9, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .