Daily Courier-Light (Corsicana, Tex.), Vol. 24, No. 92, Ed. 1 Tuesday, July 19, 1904 Page: 1 of 4
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m
DAILY COURIER-LIGHT
24th YEAR.
C0R8ICANA. TEXAS. TUESDAY EVENING. JULY 19. 1904.
NO. 92
®r$w
MAYOR'S VETO
Document To Be Read
Before City Council
Tonight
Mayor CaM iias vetoed the ordin-
ance, which wdude* the refinery
from the city liihils, and ou this sub
ject the following will be read at the
council meeting tonight:
Mayor's Ollice, City of Corsicana,
July 12, 11MM.
To the Honorable City Council of
Corsicana:
Gentlemen: Having duly consid-
ered the ordinances recently passed
by your Honorable body ami present-
ed to me for my approval, entitled,
"An ordinance to change the South-
ern boundary of the city limits of the
city of Corsicana so as to exclude a
part of the relinery plant," I am con-
strained by the insuperable difficulty
1 feel in reconciling the bill with the
spirit and purpose of our city charter,
and the policy of our city, to return
I lie same to your honorable body
without my approval.
It is conceded that the purpose and
inevitable effect of the action of the
council is to exempt the owners of
the refinery plant from the burden of
municipal taxes. It is estimated that
the city taxes of the company will
amount proximately to $4,200.00 per
.year. This amount -? based upon a
property valuation i c about ifiiOO,-
(K)0.00. Its annual taxes appropriat-
ed and set apart to the account of
the respective funds would be about
as follows:
Ceneral fund $ 7.r>0,00
.School fund lHOO.OO
Water, Permanent, Improve-
ment, etc 900.00
tor Carnegie Library Lot
• two years) per year 22">.00
For Carnegie Library, for
Maintenance 150.00
Street fund (500.00
Thus it will be observed that by
exempting the plant from taxation it
will be quite, a costly donation from
the city's treasury. Each child in
the city within the scholastic age
will contribute annually about $1.00
per capita, while the operatives of
the plant and the plant itself receive
practically the same benefits from
the city government as others do and
should help bear the burdens.
It will be renumbered that about a
year ago it was deemed necessary
that, as our city was prosperous and
growing rapidly, we should have a
new charter grant:ng additional pow-
ers to the city council, and in fur-
therance of this purpose a committee
was appointed to draft a new charter
to be presented to the legislature.
The city council appointed the fol-
lowing members of the council, to-
wit: R. 13. Molloy, and K. A.Johnson
and the Mayor to act with a like com-
mittee, appointed by the Commercial
Club, consisting of the following:
Stephen Smith, Geo. T. Jester and
Sam Kerr, and a committee of the
citizens at large, consisting of S. A.
Face. C. II. Allyn and Jas. Garitty,
were appointed by myself, as mayor.
These gentlemen were appointed on
account of their well known progres-
sive views and their familiarity with
the needs of the city, as well as on
account of the fact that we all rec-
ognized in them good citizenship and
patriotic men.
After considering the matter for
several weeks in open meetings, they
formulated a new charter and pre-
sented it to the legislature through
SICK DOCTOR
Proper Food Put Him
Right.
The food experience of a physician
in his own case when worn and weak
from sickness and when needing
nourishment the worst way is valu-
able:
"'An attack of grip so severe it
came near making an end of me left
my stomach in such condition I could
not retain any ordinary food. I knew
of course that I must have food nour-
ishment or I could never recover.
"I began to take four tablespoon-
fuls of Grape-Nuts and creain three
times a day and for two weeks this
was almost my only food; it tasted so
delicious that" I enjoyed it immensely
and my stomach handled it perfectly
from the first mouthful. It was so
nourishing I was quickly built back to
normal health and strength.
"At the pr°sent time 1 am prepar-
ing a paper for 2 medical journals in
which I mention my own case and
speak particularly of Grape-Nuts,
great value as food to sustain life
during serious attacks in which the
stomach is so deranged it cannot di-
gest and assimilate other foods.
"I am convinced that Grape-Nuts
more widely used by physicians will
Bave many lives that are otherwise
lost from lack of nourishment."
Name given by I'ostum Co.? Battle
Creek, Mich.
Absolutely the most perfect food
in the world. Trial of Grape-Nuts
10 days proves.
There's a reason.
liook in each pkg. for the famous
lit tle book, "The Road to Wellville."
the lion. Richard Mays, our local rep-
resentative, after having first pub-
lished its main features in the local
press of the city, prepared by ('apt.
C. 11. Allyn, one of the prominent
members of the committee, so that
our citizens would become acquainted
with the provisions of the proposed
new charter. The legislature passed
the bill and it became a law about
June 1, 1903.
It is now claimed by the refinery
people, as set up in their petition,
"that petitioner was not advised that
the city was seeking to include said
plant within its limits and therefore
had no opportunity to make any pro-
test or objection thereto;" and it has
been argued that undue advantage
has been taken of the company and
"snap judgment" was taken against
them.
I think when the personel of this
committee is considered, the fact that
the committee had all of their meet-
ings public, the contents of the pro-
posed charter thoroughly discussed,
both in public meetings and in priv-
ate, the publication of the same, and
commented thereon in the local press
of the city, the discussion of the var-
ious provisions of the bill in the leg-
islature, the fact that the committee
met the city engineer and surveyed
in broad open daylight the added ter-
ritory in the shadow of the refinery
plant, it will be seen that no undue
advantage has been taken of the
company.
I submit the following affidavit
made by W. M. Elliott, city engineer,
which explains itself:
The State of Texas i
County of Navarro *
Before me, E. 0. Call, a notary pub-
lic, in and for Navarro County, Tex-
as, on this day personally appeared
Wm. Elliott, city engineer of the city
of Corsicana, and being by me duly
sworn says: That I surveyed out the
new territory that was added to the
city of Ccrsicana by the new charter,
including the land owned by the Cor-
sicana Refining Co., and that soon af-
ter such survey was made and before
the passage of the act of the legis-
lature granting the new charter, I,
in person, went to the office of said
company in the city of Corsicana and
requested of Mr. W. C. Proctor, one
of the representatives of said com-
pany iu said city, and requested to
see their map of their land and plant
so that I could add same to the new
map of said city 1 was making, and
he and I talked at the time about the
said plant of said company having
been included in the new city limits.
This was before the new charter had
been granted. He, the said Proctor,
knew that the property, plant, etc.,
of the said company was included in
the proposed charter,
Wm. M. ELLIOTT.
Sworn to and subscribed before me
this June 14th, 1904.
E. 0. CALL,
Notary Public, Navarro County, Texas.
1 have been informed by several
citizens that in a conversation had
with Stephen Smith, now deceased,
who was a prominent member of the
committee, he stated to them and
others that while the committee had
under consideration the extension of
the southern boundary of the city so
as to take in the refinery plant, that
Judge J. L. Autry, one of the general
attornyes of the company, came to
him (Smith) in person and requested
the committee to not include the
plant.
I deem it my duty, gentlemen, to
call your attention to these facts as
bearing upon the question of notice.
I have never thought that this com-
mittee, made up as it was, of the
most prominent of our business men,
honorable in every respect, and who
have done so much towards the up-
building of our city, would secretly
and clandestinely take "snap judg-
ment" on this or any other institu-
tion.
I think the most serious question
to be considered by you is, as to the
authority of the council to pass the
proposed ordinance, under the pro-
visions of the charter, and under the
admitted facts. Section 3, of the
charter, provides as follows:
"Sec. 3. Whenever there exist3
within the corporate limits of the
city of Corsicana territory to the ex-
tent of at least ten acres contiguous,
uninhabited and adjoining the terri-
torial lines of said city, the city coun-
cil may by ordinance duly passed,
discontinue said territory as a part
of said city, find when said ordinance
has been duly passed the same shall
be entered on the records of the city
council, and from and after the en-
trance of said ordinance, said terri-
tory shall cease to be a part of said
city."
Therefore, before this body has a
right to let the company out, we
must first decide that the territory is
uninhabited. If you decide under the
facts that it is uninhabited, then hav-
ing passed this point, you are to con-
sider whether or not we ought to let
them out and thereby exempt them
from the burden of city taxes.
If you decide under the facts that
the territory is inhabited, as that
term in defined and means, then we
are permitted to go no further.
When this act was passed it was
foreseen by the legislature, no doubt,
that instances would arise where,
there would be as much as ten acres
or more, of contiguous or adjoining
territory that was unimproved ami
unoccupied, and no benefit would
arise either to the city on the one
side or to the owners of such terri-
tory on the other, and under such
circumstances it was thought proper
to empower the legislative department
of the municipality to provide for its
exclusion and segregation from the
city, hence the above provision, Sec-
tion 3, was inserted.
But I dare say it was never con-
templated that simply because a citi-
zen, partnership or corporation de-
sired to escape payment of taxes to
the city that territory should be ex-
cluded and thereby relieved of the
burden of taxes to the city.
However strongly we might desire
to encourage the establishment of
manufacturies and other enterprises,
and the retention of such after they
are once established, by exemption
from taxation and encouragements
and inducements of like kind, our or-
ganic law prohibits exemption from
taxation in the following language:
'The legislature shall have no pow-
er to release the inhabitants of, or
property in, any county, city or town,
from the payment of taxes levied for
state and county purposes unless in
case of great public calamity in any
such county, city or town, when such
release may be made by vote of two-
thirds of each house of the legisla-
ture." Sec. 10, Art. S, Constitution
of Texas.
And again:
"All laws exempting property from
taxation other than public property,
churches, school property, institutions
for public charity, burial grounds,
etc., shall be void." Sec. 2, Art. H,
Constitution of Texas.
Hence, it will be seen that if the
purpose of the act is to exempt the
company from city taxes (and this,
it seems, was the motive and purpose
of several of the members of the
council who voted for the ordinance),
such legislation is absolutely void un-
der the provisions or our organic
law.
But, aside from this question, my
contention is that, under the law and
admitted facts, this action of the
council in passing the ordinance
is ultra vires and absolutely void.
It is a well recognized canon of con-
struction of statutes that in order to
ascertain the legislative intention
the primary rule is that a statute is
to receive that meaning which the or-
dinary reading of its language war-
rants, words not technical being tak-
en in their ordinary acceptation, with
regard to their general and popular
use, and the meaning thus arrived at
must be adopted when it involves no
absurdity, if from a view of the
whole law and other laws in pari ma-
teria no different legislation intent is
apparent
The contention of the company is
that the territory is uninhabited be-
cause no onellives on the same. The
fact is admitted that the refinery
plant is owned by Messrs. Payne and
Flagler of New York and that the
same covers something like sixty
acres of land, costing upwards of
$1,000,000, working constantly a
great number of operatives, both day
and night, oflice buildings, numbers
of other buildings, tanks and such
other appurtenances that constitute
a large manufacturing plant.
The facts show that the plant is
connected with other parts of the
city by light and phone wires, railway
and pipe lines that radiate to nearly
all other portions of the city; streets
and alleys are used by the company
in laying its pipe lines; fire protection
is given it, and it has not been many
months since the fire department of
the city was called out to the plant
and its property saved from threat-
ened conflagration. Streets in the
territory have been kept up and re-
paired and culverts built, and some
recently, by the street department of
the city. To say that this territory
is uninhabited and that the company
receives no benefit from the city gov-
ernment is so ridiculously absurd and
untrue as to scarcely merit a reply.
It is too clear for argument that
the legislature meant by "uninhabit-
ed territory." such territory as was
unused and unoccupied. The supreme
court of the United States in a well-
considered case, Bank vs. Devereaux,
5 Cranch, W. S., page 88, says:
That a statute providing that roads
and bridges should be repaired by in-
habitants, held that corporations
owning property therein were inhab-
itants of the town."
In the case of Triff v. Ins. Co., 12
R. 1.435, the supreme court held
that in the United States corporations
have been held to be inhabitants of
the place where their property, plant,
etc., is situated for taxing purposes.
Occupier and holder of land held
an inhabitant. Rex v. Hall, B. B. C.
136.
A j lil occupied temporarily by two
inmates held to be an inhabited place.
State v. Cyllins, 3 Idaho, 1182.
The term person-inhabitant, in-
cludes a corporation, Pepler v. Ins.
Co 8 Amer. Dec. 252.
Every firm, corporation, body poli-
tics having and occupying land? are
inhabitanta. Ibid.
Person includes a corporation. Rev.
State. Tex. Art. 3270.
A corporation is an inhabitant.
Cook on Corporations, Vol. 1, page
But it is strenously asserted tlut
the Corsicana Refining Co., is a part-
nershin and not a corporation, and
hence the claim is made that the
authorities above cited do not apply.
I think if it be admitted that a firm
owns the plant it would make the
propositions of law above referred to
much stronger ar.d mare applicable.
But aside from this, it has often
been said, "there is nothing in a
name." They say the Corsicana Re-
fining Co. is Messrs. Payne and Flag-
ler. Who are they? They are the
Standard Oil Company, one of the
greatest and most powerful corpora-
tions on earth. This is the real party
we are now dealing with, and who,
through their representatives are at-
tempting to shift the burden of taxa-
tion from their shoulders to the
shoulders of others who are least
able to bear it, under the specious
plea that they have been treated un-
justly, fooled, deceived, entrapped,
and caught napping; and if they are
not exempt from L'ity taxes they
might pull up stakes and leave the
town Gentlemen, this kind of argu-
ment ought to have no weight what-
ever with grown men who are sup-
posed to have been elected to office
on account of their intelligence and
busineau sense. I would, as a citizdn
arid of ial. do nothing that would
give tho owners of this plant offense
or excuse for leaving our city. On
the other hand would gladly welcome
and urge them to remain with us and
continue to add to their fortune and
assist us in building up our city. Ev-
ery one knows this is a business con-
cern organized for the purpose of
making money, and whenever it pays
them to leave they will not ask our
consent or suit our convenience, but
will go to other fields. They have
not proposed to enter into a contract
to remain here if we will ev >mpt
them from taxes.
If it be true that the concern has
been caught "napping, fooled and
caught off its truard," then this com-
mittee of humble citizens of Corsi-
cana are entitled to credit for doing
something which the combined intel-
ligence of the nations of civilization
should envy. It is a part of its his-
tory that it is "wide-awake" to its
interests, and like other concerns of
like kind, it will shift the burdens of
taxation whenever and wherever an
opportunity arises, to shoulders less
able to bear it.
In conclusion 1 desire to say that
in my opinion no more vicious, un-
reasonable and unjust piece of legis-
lation has ever been proposed in the
legislative department of our city
government. You, like myself, were
elected by the voters of our city to
represent the interests of the people
of Corsicana, and not to legislate
away and make a donation of the rev-
enues of the people and thereby
cripple the goverment that we have
sworn to uphold, protect and pre-
serve. By the passage of the ordi-
nance in question about one tenth of
our expected revenue will be donated
away. Our free schools, the pride of
our people, will be badly crippled
and rendered Jalmost bankrupt; our
funds for permanent improvements,
streets, sidewalks, etc. our fire de-
partment and police department will
be sorely affected; for it must be
borne in mind that the annual bud
gets for the various departments
have already been made on the basis
of present property values, including
this plant.
By the final passage of this ordi-
nance it can readily be seen that our
whole financial plans will bo upset
and disorganized, and in the years to
come this plant and its owners,
while reaping and enjoying all of the
benefits of it our city will be exempt
from bearing any of the legitimate
burdens.
Having full faith in the intelligence
and patriotism of each of you gentle-
men, I sincerely hope you will retrace
your steps and while you have the
opportunity afforded yet by this veto,
you may yet right the grave wrong
that a final passage of this bill
would do the citizens of Corsicana,
who by electing you to the position
you hold, gave evidence of faith in
your intelligence and patriotic dovo-
tioil to public duty. And however
much I regret that the occasion de-
mands that 1 differ with you, yet, a
sense of duty impels ms to record my
disapproval of the pending measure.
Your obedient servant,
E. 0. CALL,
Mayor.
You can get both useful and beau-
tiful articles at COST at NK'OL'S
just now. See his "ad."
Ice Cold Melons
City Fish Market has ice cold wat-
ermelons for sale. They keep them
on ice.
LOST—Between Corsicana and
Hester, one gold watch and chain;
Elgin movement, medium size. Find-
er please return to this office.
FOR RENT- Large furnished room
down stairs, with or without board
New phone 172.
NEW ATTRACTIONS
AT THE BIG STORE
Tomorrow, will be a beautiful line of
LADIES' BELTS AND "PEGGIES"
An express shipment came this morning from our buyer,
who i:- now in New York. Crushed Silk Belts in black and
white, beautiful black and white Silk Girdles, black and
brown Kid Belts with double loops and gold buttons behind,
black, blue, brown and white Crushed Silk Belts, white kid
Belts with covered buckles These are all very pretty and
we have made a BARGAIN SALE PRICE ON THEM,
3 E3 o to
PEGGIES FROM
III White Kid, Gold Mounting*, very beautiful
and the price in only .
PARIS.
$1.25
Remember the CUT PRICE SALE is still on in most de-
partments, and some rare bargains are being taken daily by
economical buyers.
(STOftt
TAMD RETURNS Of EUffl HELD JULY 9, 1904.
District Clerk, County Judge, County Attorney, County Clerk, Sheriff,
District Attorney, District Judge, Commissioner Precinct No. I.
! Church !
1
| Folk j
1 Jester [
' !
Molloy
Gibson
| Grantham
Adkisson
Ransom
Hail
j Robinson
Johnson
i
Kirven
Uobo
atour
Boyd
Milligan
Polk
40
23
39
3?
42
29
42
27
25
45
33
35
35
20
4
32
35
Ward 2
101
55
114
44
91
07
88
t
04
93
98
59
88
54
13
09
85
176
91
164
1 >4
142
125
155
112
121
143
101
105
150
106
12
104
100
Ward 4
180
94
180
94
172
103
144
131
117
152
120
153
105
91
15
121
145
29
17
37
9
13
33
27
18
30
16
32
14
20
24
1
34
10
It)
28
27
14
14
25
25
10
27
12
32
5
17
10
5
23
17
Corbet
28
14
21
23
IS
81
21
23
31
13
33
11
12
32
0
25
18
14
20
22
12
20
If
11
20
10
18
27
8
10
24
1
10
18
Rlack Hills
1(5
20
24
14
27
11
12
25
24
14
30
7
18
10
3
25
12
18
48
85
25
40
22
42
20
41
21
32
20
34
19
0
35
24
24
34
47
12
39
20
27
3'
42
18
44
10
33
19
7
52
5
34
14
27
20
20
25
25
22
84
13
27
18
17
99
0
24
28
28
29
41
15
37
19
24
32
34
22
37
10
17
23
10
45
7
Re
84
34
• 62
8
51
19
27
42
41
29
28
37
40
13
8
08
19
32
2=>
40
19
82
29
28
33
42
19
43
13
28
5
20
40
12
30
27
51
7
44
12
25
33
53
5
36
20
34
11
12
10
23
28
0
18
17
i
28
SI
13
19
14
13
10
12
Cade
17
8
15
1"
18
7
i
18
17
8
10
15
10
5
4
Rabbitt Hill
If
1?
10
7
15
8
4
19
20
3
19
3
18
3
12
71
33
81
22
47
55
50
53
46
57
67
37
49
80
19
17
70
74
14
48
37
40
38
58
27
02
21
39
30
9
28
30
29
31
19
39
40
18
42
18
51
4
24
18
13
23
26
14
37
82
19
37
13
35
16
81
< 21
33
9
8
00
85
00
88
88
65
7a
79
4R
109
110
30
42
38
78
25
80
34
24
41
17
31
29
14
45
51
0
29
18
10
57
95
97
58
82
74
55
95
99
56
95
51
85
21
48
31
75
60
10
44
01
38
05
47
57
D<
48
07
21
18
15
29
35
9
17
26
28
10
27
10
30
8
80
0
2
30
48
01
28
5ft
28
29
55
4#
39
02
23
47
19
20
9
47
42
14
28
29
17
39
34
23
42
11
29
12
10
31
23
37
10
24
31
35
19
31
24
42
4
33
11
9
152
99
171
73
115
139
117
130
109
139
182
04
155
02
30
26
22
32
10
24
24
15
82
21
94
20
20
117
14
10
20
59
51
28
41
36
40
40
59
21
50
22
33
34
12
U8
159
210
08
18*
93
128
150
90
188
214
57
30
174
50
117
93
150
73
128
96
120
90
82
143
170
34
62
100
40
31
27
52
1
27
31
32
25
20
32
53
0
0
38
14
24
15
34
7
19
23
24
18
14
29
35
8
15
12
15
74
29
85
17
52
53
57
47
10
89
87
13
17
78
9
24
29
40
9
22
82
22
30
23
31
42
9
30
20
4
29
47
53
23
80
40
48
3'
17
59
07
8
58
18
7
Cryer Creek
40
47
58
38
51
42
08
82
00
29
91
4
31
50
7
88
42
67
14
44
39
22
00
04
17
59
20
29
44
8
Total
1030
1871
2001
1195
2121
1746
1910
1934
1921
1945
2029
1111
1798
1416
037
iii
581
I
T *1
,yl
ifc
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Hand, F. C. Daily Courier-Light (Corsicana, Tex.), Vol. 24, No. 92, Ed. 1 Tuesday, July 19, 1904, newspaper, July 19, 1904; Corsicana, Texas. (https://texashistory.unt.edu/ark:/67531/metapth232461/m1/1/: accessed April 24, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting The Dolph Briscoe Center for American History.