San Antonio Light and Gazette (San Antonio, Tex.), Vol. 29, No. 316, Ed. 1 Saturday, December 4, 1909 Page: 1 of 10
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WJ* s ?JILA ntlcl P at ‘ on °f Government Report Showing Short Cotton Crop Prepare For Big Killing
■«EO Ulf MO DKM
V All Parte of Um Cite.
frwry Dairy to. Him 171
Wm ME 29 No. 316
ATTACKS THE
STATUTE ON
VAGRANCY
Constitutionality of New Texas
Law is Questioned in
District Court.
WHEN IS A MAN A VAGRANT?
Fight Grows Out of Maximum
Fine Being Imposed on
Wm Sti itmatter.
QUESTION OF EMPLOYMENT
Attorney Announces Formal
and Complete Test Will be
Made of its Validity.
Attacking the constitutionality
of the new Texas vagrancy law on
the grounds that it is beyond the
power of any legislature to de-
clare that because a man is out of
employment he is a vagrant. Ed-
ward Haltom appearing as attor-
ney for Will Stritmatter in a ha-
beas corpus proceeding in the
Thirty-seventh district court today
announced that the case would be
carried to the Texas court of crim-
inal appeals and a formal and
complete test would be made of
the validity of the new law.
The proceeding this morning resulted
from the refusal of Justice Ben Fisk
to approve an appeal bond for Strit
matter after he had been convicted in
his court of vagrancy and given the
heaviest sentence under the new law
a fine of $2OO and costs.
After sentence and the refusal of the
appeal bond Stritmatter was put with
the Bexar county convict gang to serve
out his time upon the roads. Early
this week an etfort was made before
the county court to mandamns Justice
Fisk and compel him to approve th'
bond
The writ was refused by County
Judge Shook who hold the approval or
rejection of a bond to be a matter of
judicial discretion and not a minis-
terial act and subject to mandamus.
Habeas Corpus Proceeding.
Today a habeas corpus proceeding
was brought as the last resort for Strit
matter. Justice Fisk was placed ot
the stand and testified that a bond on
appeal for $5OO had been presented H
him which was signed by J. C. Hat«.'i
A. S. Hatch. George Clark and Floyd
Chirk. He declared he refused to ac-
cept the bond because he believed it
insufficient and for no other reason.
Tn an extended petition and oral ar-
gument Mr. Haltom for the petitioned
for the writ attacked the eonstitutior
ality of the new- vagrancy law. H*
declared .'in act which makes it pos-
sible for people guilty of no greats
crime than merely to be out of work
or in straitened circumstances to have
inflicted upon them heavy fines re-
quiring a long period of imprisonment
as satisfaction to be suited to despotic
governments and not in keeping wit!
the spirit of the age. or the wishes of
the people and to be contrary to the
very constitution on which this state
stands.
In the end Judge Dwyer refused the
discharge of Stritmatter and remanded
him to custody. Mr. Haltom gave no.
tice of appeal. He later declared that
a test case would be made in this in-
stance of the new vagrancy law before
an appellate court.
This is believed to be the first >n
stance on record where a case testing
the new law in vagrancy matters has
been instituted though the law has
been the cause of much comment
throughout the state. The outcome
will be watched with .jntereat.
NEW TIME CARD ON SAP
GOES INTO EFFECT MONDAY
■ The now time card of the Arnnsas
Fass will go into effect on Monday
December 6 and not Wednesday De-
cember S as previously stated. The
now schedule is made at this time in or-
der that trains on the Aransas Pass
might make better connections with
rounecting lines at Houston.
• —
Local Weather y
For San Antonio and vicinity
tonight and Sunday:
L Tonight rain; much colder.
Cold wave. Sunday fair.
OThe maximum temperature
for the 24 hours ending at S
o’clock this morning was 82 de-
grees an<l the minimum was 70
U degrees.
Comparative temperatures for
this year and last:
1908 1909
•1 a. m 53 71
6 a. m 55 71
YS a. ni 60 72
10 a . m 62 74
12 noon 60 75
1 p. 73 77
SAN ANTONIO LIGHT
Woman With the Serpent's Tongue”
MRS. ABQUITH.
AMoeiaUl Mis.
New York Dec. 4.—Wm. Watson
the English |H>et. who arrived in New
York yesterday for a brief American
visit has issued a signed statement an
nouncing that his recent poem. “The
Womun with the Serpent's Tongue.’'
which has set all England gossiping is
a eom|Hmite portrait of Mrs. Asquith
wife of the British premier and her
stepdaughter Violet Asquith. Although
many critics both in England and
America have assumed that the poem
was a reflection on some prominent
ASK RECEIVER
FOR PRUDENTIAL
INVESTMENT CO.
Allege That Affairs of the Firm
Demand Action by
Court.
THOUSANDS ARE INVOLVED
Alleging that the affairs of the firm
are being illegally conducted and that
plaintiffs’ funds therein invested are
endangered suit was today filed in the
Thirty seventh district court by seven
persons who assert themselves to be
contract holders asking for the appoint-
ment of a receiver for the Prudential
Investment company.
The petition prays that defendants bo
required to produce in court the books
of the company showing all contracts
the amount of money taken in and a list
of the contract holders in addition to
the request for a receiver.
Judge Dwyer today made an order
calling upon the defendants to ap|>car
in his court Saturday. December 11 to
show cause why a receiver should not
be unpointed.
The suit is captioned “August San-
tleben et al versus Prudential Invest-
ment Company. ’’ The plaintiffs arc:
August Rantleben G. Sorenson. J. D.
Esperman W. D. Matthews Mrs. J. A.
DePoystor of Bexar county and C. P.
Brokaw of Dalhart and Mrs. M. C.
Jones of Dallas. The defendants are
the Prudential Investment company
with Ira ('. Rinehart as secretary and
treasurer.
Has Firm Got a Charter?
The petition alleges in substance
that at various times all of the plain-
tiffs took out investment contracts in
the defendant firm on recommendations
that they would obtain a loan and that
if they did not desire a loan they would
share in the profits of the concern; that
they Jo not know whether the defend-
ant firm is n corporation or not. but if
so. it has no permit to do business in
Texas nor has it a charter under the
laws of the state.
Continuing the petition declares that
Iby reason of being contract holders
I plaintiffs are entitled to have their
’ I monev invested or an accounting there-
। for; that defendant has in his hands
manv thousands of dollars and it is nee
j es«ary that a receiver be appointed to
i take charge of said funds.
Tt is further alleged that defendants
I are conducting the business in an illegal
and fraudulent manner and that said
Rinehart has been indicted by the
grand jury of Bexar county on the
I charges of embezzlement and swindlin'’
1 in connection with said funds.
Tn addition to the prayer for a re-
' ceiver and for the production of the
books in court plaintiffs ask judgment
for the amounts of their respective con-
tracts. which are set forth as follows:
Mrs. M. C. Jones $5OO contract series
4 No. ’O.
W D. Matthews. #5OO contract series I
fi. No. 11.
Aug. Rantleben. $l5OO contract series
1. Nos. 42 43-44.
Mrs. J. V DePoyster $lOOO contract
series 2. No«. 12 13.
J D Esperman $l5OO contract series
4. Nos. 5" 54-55.
Mrs. Millie Jonos $lOOO contract se
rios 4. Nos. 11 12.
< . Sorenson. $5OO contract series 2 1
No. ?9.
I. G. Baker and C. M. Chambers ap- |
pCar as attorneys for the plaintiffs. c
10 PAGES
By William Watson.
(. opyrighted Haul by John Um
Company. Reprinted by PrrmiMioa.)
She ia not old she is not young.
The Woman with the Serpent's.
Tongue;
The haggard check the hungering eye
The Poisoned words that wildly flv.
The famished face the fevered hand —
Who alights the worthiest in the land.
Hnrera at the just contemns the brave
And blackens goodness in its grave.
In truthful numbers be she sung.
The Woman with the Serpent's
Tongue
Concerning whom Fame hints at things
Tobi but in shrugs and whisperings;
Ambitious from her natal hour.
And scheming all her life for power;
With little left of seemly pride;
With venomed fangs she cannot hide;
»«no half makes love to you today
Tomorrow gives her guest away.
Burnt up within by that atrangc soul
Khe cannot ’lake or yet control;
Mnlignant lipped unkind unaweet;
Past nil example indiscreet;
Hectic and always overstrung —
The Woman with the Serpent'» Tongue.
To think that such as she can mar
Names that among the noblest are!
That hands like hers cun touch the
springs
That move who knows what men and
things!
That on her will their fates have
hung!—
The Woman with the Serpent'a Tongue. |
GOLD SNAP
WILL BE OVER
BY MONDAY
Little Unpleasant Weather Due
Here This Evening Will
be Shortlived.
CAME A LONG DISTANCE
Wave Started in British Colum-
bia and Has Caused Dis-
comfort in the North.
Don't you care it will be all ovei
by Monday.
The cold snap that is due in San An-
tonio as you read this is going to be x
short one and Major Buell says that by
Monday night all traces of it except
the wood bill will be gone.
The cold is or was due by the time
you get your afternoon newspaper nnd
came all the way from British Colum
bia to make the visit so treat it nicely
for the short time it will be here. It
has hit the cities north of San Antonio
a good deal harder than it will here
so Major Buell says the Alamo City
has no legitimate kick coming.
The weather man does not expect the
temperature to go below freezing and
it may not go even that far. but just
to be on.the safe side he advises the
people to take in or cover the plants
and to have kindling ready for Sunday
morning.
If it rains says the major it will not
be so cold. If it doesn't he says it
will be colder.
Fort Worth Felt
It This Morning
Spacial Dispatch.
Fort Worth. Tex. Dec. 4. —The tem-
perature dropped 16 degrees within an
hour her e this morning and freezing
weather is expected tonight The mer-
cury will register 20 above zero ac-
cording to predictions and 10 above m
northwest Texas. Snow is also expect-
ed in this vicinity and flurries are re-
ported already in the upper Panhandle
and in Kansas and Oklahoma. The
cold wave will extend throughout the
state to the gulf.
Very Cold in North
Associated Press.
Louisville. Ky. Dec. 4.—Temperatures
ranging from 6 to 20 below zero in
Wyoming. Montana and Canadian
northwest are reported today to the
local weather bureau. Snow and sleet
prevail in the Missouri valley signal-
ling the advance of the cold wave into
the middle west and Oklahoma and
lowa are already feeling the sting of
their first real winter weather.
Sleet in Panhandle
Special Dispatch.
j Childress. Tex.. Dec. 4.—The lower
i Panhandle is today again in the grip
of a heavy sleet and rain storm follow-
AND GAZETTE
SAN ANTONIO TEXAS. SATURDAY. DECEMBER 4. 1939.
English woman the poet hn« until now
declined tn be drawn into the contro-
versy.
His statement printed in the Times
this morning says in part:
“The poem is a composite photo-
graph of Mrs. Asquith and her step
daughter Violet. It is a portrait of the
physical characteristics of Mrs. As-
quith and the mentality of Violet As
quith. The latter is the voice of the
family and rules them all. Violet is
the real official voice speaking with
authority.”
This is the United States cruiser Vicksburg which is at Oorinto Nicaragua. Cor.'nto is a hop skip and a jump from
Managua capital of this Tabasco Sauce Country.
PRAIRIE STILL
STUCK IN MUD
Big Troopship Being Lightered
of Coal and Supplies and
Will be Released at 5.
Philadelphia Dec. 4. —The transport
Prairie is still aground in Delaware
river.
No attempt was made to pull the big
ship out of the mud on flood tide at 5
a. m. today but an effort will be made
at 5 p.m. The lightering of the ves-
sel's coal and stores continues without
interruption. The ammunition is alse
being unloaded and because of the
dangerous character of the contents of
the ammunition boxes this work is pro-
ceeding slowly. The marines have not
yet been taken off but they will prob
ably have to be sent ashore.
The transport Dixie now at the navX
yard which may be called upon to take
the place of the Prairie is far from
prepared for a sea voyage.
REUBEN GRAHAM KILLED
BY EXPLOSION OF SHELL
I J. A. Graham father of Reuben Gra-
I hatn the young man who was killed at
Christina a new town on the Artesia#
Belt railway last Sunday arrived in
the city today. Speaking of the death
of his son at that place. Mr. Graham
said:
“My son was not killed while out
hunting but met his death just after
returning from church and while seat-
ed at the dinner table. At that tim*
Henry Lewis was outside of the op.?n
door trying tq remove a shell from the
gun. The shell was thought to be
empty when it exploded and the load
struck my son over the heart. He ex-
pired almost instantly.”
ing torrential rains the fore part of
this week. No decided change in the
temperature is noticed.
Snow in North Texas
Special Dispatch.
Hereford Tex.. Dec. 4.—The cold
wave caused a drop of 15 degrees in
the temperature during the night. Snow
was falling here all day.
MIBS VIOLET ABQUITH.
GUNBOAT VICKSBURG HAS GUNS TRAINED ON
PROVINCIAL GOVERNOR’S PALACE AT CORINTO
CONGRESS Will
CONSIDER THE
- ZEUTI MATTER
President Will Lay Facts in
Nicaraguan Matter Before
it and Ask Instructions.
THE INDEMNITY QUESTION
Matter of Askine Reparation
for Death of Americans
Held in Abeyance.
Associated Preu.
Washington Dec. I.—There seems lit
tie doubt the president will las before
congress at an early date the facts as
tn tne Nicaraguan situation with a view
Io receiving authority for any further i
step* he may see fit to take in the in- I
♦crest of American residents of that
country and with a view to putting an
mi I to the interminable strife in Cen
trn! America.
The ques'ion of indemnity for the
killing of the two Americans Cannon
nnd Groce is still held in abeyance ami
there is reason to believe no demand
will be made until the issue between
•he Zdnyan government and the revoln
ti mists has !«*on settled.
FANATICAL MOROS
FIGHT CONSTABULARY
Leave Twenty Dead on Field
and Kill Eleven Members
of Defending Party.
Associated Press.
Manila Dec. 4.—Fanatical Moros
and Sananos forced a fight upon a de-
tachment of constabulary under Lieu-
tenant Alarts near Mount Malindang
Mindanao island last Sunday. Six
members of the constabulary four
porters and one policeman were killed
and one of the constabulary was
wounded. The aggressors left twenty
dead when they finally scattered. Som<
4000 fanatics gathered in the vicinity
of the mountains two weeks ago and
Governor Pershing anticipated disor-
der. Constabulary reinforcements
have been sent to the scone of the
fight but no further trouble is expect-
ed as the tribesmen are reported to be
returning to their homes.
GK IS CAUSE
OF WOMAN'S DUIII
Special Dispatch.
Austin Tex. Dec. 4.—Despondency
and grief over the recent death of her
mother caused Miss Fannie l.cugherv
aged 40 years to swallow an overdose
of strychnine and prussic acid this
morning.
She was a sister of E. H. Loughery
the well known writer. Mr. Loughery
said his sister had been of unsound
tnind since the death of their mother.
•
Inquires for Husband—Chief of Po-
lice Van Riper has received a eommi • I
nieatiou front Mrs. C. C. Newbern of |
Muncie. Turi.. making inquiries tor her ।
husband whom she says was last heard j
of while in San Antonio. Mrs New I
horn writes her husband is 5 feet S
inches in height is 39 years old and '
weighs about 130 pounds. The police
have learned that he recently stopped
at the Bexar hotel but can find uo
trace of him at
10 PAGES
RATE FIGHT
UP TO CITY
Petitions Signed by 1800 Business
Men in Telephone Campaign Go
to Mayor and Council.
Section G 3. City Charter: “The city council shall hare power
nt all times to regulate direct and control the direction and con-
-Unction of telegraph and telephone lines nnd electric light posts
poles and wires mid to require the removal mid changing of all such
posts. |>olcs mid will's and to require the laying of all such wires
underground in such manner and at such depth and with such in-
sulation a- the council may deem necessary mid proper: to regulate
direct ami control the laying and repairing of all gas. water and oil
pipes in the streets alleys and public places of the city and to regu-
late the price to la* charged by telephone companies for service to
the public.”
This is the authority on which the city administration of San
Antonio will la* asked to act when la'tween 3 and 4 o'clock this after-
noon. petitions signed by Itetween 1800 and 2000 citizens users of
telephones requesting a reduction of the monthly charge for busi-
ness telephones will la* presented to the mayor and city council. It
is section <»3. of the City Charter of the city of San Antonio as
secured uuder act of the legislature in 1003 mid as amended in 1907.
Will DENY SHE
MARRIED ERDERi
Mrs. Doxey's Line of Defense!
Will be Complete Ignorance
of His Life Insurance.
Associated Press.
St. Louis Dec. 4. —Mrs. Dorn Doxey
j in defending the charge that she killed
I William Erder with arsenic will deny !
she received Erder's life insurance os
| that she knew of the life insurance.
She will deny she married Erder and I
attempt to prove he had another wife
from whom he was separated.
Mrs. Doxey stupefied by morphine I
which her husband had injected into
her arms arrived in St. Louis from Co- I
himbus Neb. today. The police say
the woman is shamming.
Mayor Is Hunting—Mayor Callaghan
left this afternoon with a number of ;
friends to spend the day shooting birds .
several miles south of the city. [•
LikeVot C s akeTwhen°They
u I nHiIDLIUuLu k^TX SanAn “
While Storm Sweeps theCoun- 111 nrAmUnm
try to the North and West Sun- lAI II LT L |U||JL U
day Dinner Tables Here Will 111 [JTilF|Wl|j| Il
Hold the Luscious Red Berries w vu । uu 11
Two and a half crates or sixty boxes of strawberries the first
of the season were received today front Pasadena. Texas by George
L. Taft and by noon every Irnrrv was sold at from 50 cents to 75
cents a box to discriminating epicures who will tomorrow enjoy a
luscious feast. They were large and well rijM'ned. and possessed
a delicious flavor and were furnished by three different parties.
Correspondents at that place state that the vines are in fine condi-
tion and are in profuse bloom.
Ten backets containing sixteen cantaloupes each were received
by the same firm front Portland Texas. These were of delicious
flavor and found a sale.
KIHEI IDE OEM
**TASTU LIKS MONS".
At teuMaln*. Or4«r« tf aanauate. re
aaatteaa. laMaaa. aiwk affaire aM famNy
♦rada a aaaalalte.
Crewry Dairy Co. Phom >7l
PRICE: FIVE CENTS
The ten or more circulating list
1 which have been distributed about thi
I city for signature during the pas
week were called in this morning an-i
during the afternoon will be formally
filed with the city clerk by a speeia
committee taken from the membershil
।of the general telephone committee ap
pointed by the Retail Merchants’ as
' soeiation.
The belief that tho city will act fa
I vorsbly on the request in the petitions
! is contained iu a tentative promise to
| this effect made by Mayor Callaghan
i about a month ngo. At that time ths
I gayor said: “I will consider actioi
1 'y the city to regulate the telephom
' charges if a request is made in thi
proper manner.”
Hope for Aid From City
At the time this statement was mads
i th<- Retail Merchants’ association was
in the midst of a consultation with the
officers of the Southwestern Telegraph
and Telephone company. At the con-
clusion of this consultation when a
reply was received from the company
that no reductions would be made an
tion was at once taken to appeal to the
city administration.
“Though we still have a few cards
to play in the campaign for lower rates
if the city does not come to our aid.’*
said Adolf Grasso chairman of th*
working committee having the cam-
paign in charge ami secretary of the
San Antonio Retail Merchants’ asso-
ciation. which started the fight “we
hope that we will receive aid from the
city.
“This would be a big help to us 'n
our fight. If we do not get this aid wo
will go ahead as best we can but wo
are hoping that the eity will come to
our support.”
Rumor has carried during the past
few days the report that a mass meet-
ing to protest against the present tel
ephone system would be shortly called.
Members o f the working committee
state that no such action is contem-
plated at this time in fact that all ac-
tion will be suspended pending a hear-
ing from the mayor and city council.
The petition to bp filed this after-
noon contains the names of 1500 busi-
ness men and telephone users. Total
signatures will reach somewhat above
this number.
COTTON MILLSTO
CLOSE AT MANILA
Associated Press.
Manila. Dee. 4.—Managers of loea!
rotton mills have announced they are
obliged to suspend operations when
the present stocks are exhausted be-
■ause of the high prices in New York
ind London. Five hundred operatives
a-ill be rendered idle.
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San Antonio Light and Gazette (San Antonio, Tex.), Vol. 29, No. 316, Ed. 1 Saturday, December 4, 1909, newspaper, December 4, 1909; San Antonio, Texas. (https://texashistory.unt.edu/ark:/67531/metapth1692410/m1/1/?q=Lamar+University: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .