Southern Mercury. (Dallas, Tex.), Vol. 19, No. 7, Ed. 1 Thursday, February 16, 1899 Page: 2 of 16
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THE SOUTHERN MERCURY.
February 16,1M9.
AUSTIN LETTER.
Austin, Feb. 14.—On the top of the
Crane testimony in the Hogg fee case,
and that of Gov. Sayers, comes the cir-
cular of Representative Childers, of
Cook county, protesting against the
payment of the fee.
Mr. Childers has furnished every
member of the legislature with a copy
of the circular, which will prove famil-
iar reading to the readers of the Mer-
cury. The circular is as follows:
"Gov. Culberson in a special message
to the legislature, recommended the
payment of the Hogg fee of $10,1000,
less ten per cent on the $450,000 excess
drawn from the general government in
the collection of the claim against the
said government of $101,013.27. The
following is the only law on the stat-
utes of the state governing the col-
lection of the claim:
" 'An act to be entitled an act to
authorize the comptroller of public ac-
counts to receive from the secretary
of the treasury of the United States
the balance remaining of the fund ap-
propriated by the acts of September
the 9th and February the 25th, 1885,
for the payment of the creditors of the
late republic of Texas.
" 'Whereas, by the act of September
9. 1850, and February 28, 1885, the sum
of $7,750,000 was appropriated for the
valuable consideration paid by the
state of Texas to be used for the pay-
ment of the creditors of the late re
public of Texas; and
" 'Whereas, by the acts of August
the 18th, 1856, December 26th, 1856, and
March 3d, 1869, the time for the pres-
entment and payment of said claims
was extended to the first day of Jan-
uary, 1861, and
"Whereas, on the first day of Jan-
uary, 1861, there remained a balance
of said fund in the treasury of the
United States of $101,013.27 due the
state of Texas; and
"Whereas, on the first day of Jau-
uary, 1861, the total claims presented
at the treasury for payment have not
exceeded $500; therefore,
"Section 1. Bo It enacted by the leg-
islature of the state of Texas, that the
comptroller of public accounts be and
is hereby authorized and directed to
receive from the secretary of the treas-
ury of the United States all of such
balance or balances as may be remain-
ing of the fund of $7,750.0()0 appropri-
ated by the acts of September 9, 1850,
and February 28, 1855, for the payment
of the creditors of the late Republic of
Texas, and the comptroller is also
directed, with as little expense and de-
lay as possible, to cause such fund as
there may be realized to be deposited
with the treasurer of the state of Texas
provided that the state of Texas hereby
assumes the payment of such legal and
valid claims as may hereafter be pre-
sented against said fund and releases
the United States from any further re-
sponsibility or liability on account of
said fund, or assumed responsibility to
settle with the creditors of the Repub-
lic of Texas by virtue of the several
acts aforesaid.
"Section 2. That His Excellency the
governor, be requested at the earliest
convenient period to cause to be trans-
mitted to the congress of the United
States, now in session, a transcript of
this act, and that the same be in force
from and after Its passage.
"Approved January 30, 1873."
The common people have no copy of
- this law, but they can cut out this one
and preserve it.
The above is every line of law that
authorized the money to be drawn from
the United States treasury, and sub-
sequent to its enactment , the'Toby
claim was paid, and that only left Tex-
as entitled to $56,000.
This law makes it the specific duty
of the comptroller to collect the money
and no one else could do it.
With this law unrepealed, the gov-
ernor had no right to employ anybody
at any price, to collect money due this
state.
The governor violated the law; he
also violated the constitution, article
4, sections 10 and 22, and showed a
contempt for Attorney General Crane,
in not permitting him to draw the con-
tract. If the reader has preserved Gov-
ernor Hogg's typewriter interview he
will see Hogg admits that, as governor
and attorney general he was familiar
with the statute of 1873; if so, he knew
what the balance was at the time, for
the law of 1873 states it, and he knows
that the statutes of 1873 did not permit
the governor to collect this money or
pay any one else to collect it, other
than the comptroller of Texas. Cul-
berson said that he examined the law
before making the so called contract.
If he did so, it was the statute of 1873,
which did not permit him to employ
anybody. If Crane consented to this
contract, as charged by Hogg and Cul-
berson, it must have been before Crane
had read this statute. Crane says he
did not consent. So far as it affects
law and order, it would have been bet-
ter had the Tyler Joss been given
$1,000,000 according to law than, $10
in defiance of the constitution and law.
The great danger in this country today
is the belief that there is a higher law
than the constitution and the other
growing idea that constitutions and
laws are to restrain the vulgar herd
only.
In all justice Col. Hogg has not the
shadow of a claim to the fee he now
asks the legislature to vote him for col-
lecting this balance. It was uncontest-
ed by the general government, and
could have been collected on motion at
any time by any Texas representative
in congress at the request of the state
Infants are effected by
foods taken by the nursing
mother.
Prof. W. B. Cheadle, of
St. Mary's Hospital and
author of a treatise on the
feeding of infants, has shown
by experiments that wasting
diseases, will result from de-
priving children of fats and
hypophosphites.
Dr. Thompson says Cod-
liver oil is what such mothers
and infants require. "Scott's
Emulsion" is pure Nor-
wegian Cod-liver oil with
hypophosphites.
joe. andIt.oo, all
SCOTT& BOWNE, Chunim, New
Yfltfc
comptroller, legally made. In making
the contract with Col. Hogg, Governor
Culberson usurped powers that were
not legally his, and trampled upon the
law and the constitution.
Representative Childress is bent on
preventing the payment of the Hogg
fee, if work and organization will do it.
To say that Craine's testimony, back-
ed by that of Gov. Sayers, has had a
disquieting effect on Col. Hogg, is evi-
dencen by the state of mental perturba-
tion into which it threw him. When seen
by this correspondent shortly after the
conclusion of Gen. Crane's testimony,
he presented a picture in which grief,
woe, rage and fear were all blended in
one. If Hogg's temperature could have
been transferred to the artic regions,
it would have melted all the icebergs
around the north pole and render the
goal of all the explorers that have gone
before him of easy accessibility to Prof.
Andree and would have broken the
backbone of the late cold wave into a
million splinters. It was cayenne, to
say the least of it, which is another
way of saying that it was a hot num
ber.
In connection with the fee Mr. Cross
of McLennan county has introduced a
bill In the house to pay Hogg $1,000.
He says Hogg did not earn the fee, that
Sayers did the work, and furthermore
Gov. Culberson had no authority to
make such a contract. The question of
paying the $10,000 is going to create a
circus when the question comes before
the legislature for a vote.
The days of usefulness of the great
Texas Political Grafter are about over.
He has had his day, and his day is
past. Grafting in horticulture means
uniting a twig or a root or two in such
a way that they will grow together and
become one.
Grafting in politics is somewhat dif-
ferent, and is more like making a leech
adhere to a subject so that it can suck
the blood of its victim until it becomes
gorged, when it will drop off and the
blood can be squeezed out of the leech.
The person who conceives the idea and
attaches the leech to the subject Is
called a "grafter;" and the process by
which it is done is called "grafting."
Col. Hogg was one leech who refused
to "drop off" and consequently he had
to be "pulled off."
In the pursuit of his calling, Hogg
was grafter and leech combined and the
blood sought was "boodle."
In legislative parlance a political
grafter is called a "lobbyist."
Grafting might also be classed as a
species of blackmail. A rather polite,
possibly genteel, roundabout but covert
game of "hold-up," too cowardly for a
highwayman and usually more suc-
cessful and with less risk than train
robbery. The victim may be some
"soulless" corporation, or some un-
scrupulous candidate for United States
Senator or other official position, the
leech may be some promoter, schemer
or wily politican.
sought is boodle in som^ form and
the means used are official or political
power or influence of some kind.
The promoter, whoever he may be is
the grafter and the means, whatever
they may be to accomplish his designs,
are called grafUng.
Gov. Hogg has traced all the devious
paths of grafting. He has worked the
"soulless" corporaUon to perfection. He
Swollen Neck
Alto Had Great Difficulty With Her
Heart — How Cured.
" My daughter had a swollen neck and
also heart trouble. After the least exertion
she would breathe so hard she could be
heard all over the room. She could not
sweep the floor or even move her arms
without affecting her heart. Her limbs
were badly bloated. Her father insisted
that she must take Hood's Sarsaparilla,
and we gave her about six bottles, when
she was oared, and there has been no re-
turn of her ailments." Mas. Emma
Thomas, North Solon, Ohio.
Sarsa-
nooa S parilla
Is the best—in fact the One True Blood Purifier.
Sold by all druggists. $1; six for $5.
uaajj„ r :ii~ easy to buy. er sy to take
FlOOd S rlllS easy to operate. c.
DCnUfCTTIIIP CURED. RIAL FREE.
DtU If LI 11 IllJ Mrs.B.Eowan,Milwaukee,Wis
I A RICO I Hy monthly Regulator can not fail
LAUILU ! Box free. Mrs.B.m>wan,Mihraakee,Wls
JERUSALEM ARTICHOKES ??.
tieulars, write, Dr. J. S. Bailey, Bonham, Texas.
Box 1006.
aSend 5 names and 10c to cover
mailing and receive a valuable
present. Hoy Novelty Co.. Box 334 Chicago.
PEACOCK
The Old Bel table Jeweler and Watchmaker
still in business,
233 ELM STREET.
Don't forget that he ii prepared to serve all his
old customers at prices to suit the
hard times
For That Refined Complexion, Use
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Emmolient, Soothing, Healing, Antiseptio.
At Druggists, or (5c by Mall Prepaid*
Write for agents' terms.
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Magic Dip Needle
For locating Gold and Silver Ore,
\ Lost or Hidden Treasures. Circu-
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P. a n. Agency, Palmyra, Pa.
DON'T BE IDLB when it is so easy to
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Cray em, Va.
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If the public, instead of filling their systems
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The Economy Vapor Bath Cabinet is not only a
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- S
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Park, Milton. Southern Mercury. (Dallas, Tex.), Vol. 19, No. 7, Ed. 1 Thursday, February 16, 1899, newspaper, February 16, 1899; (https://texashistory.unt.edu/ark:/67531/metapth185790/m1/2/: accessed April 26, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .