The Rebel (Hallettsville, Tex.), Vol. [1], No. 49, Ed. 1 Saturday, June 8, 1912 Page: 3 of 4
This newspaper is part of the collection entitled: Texas Digital Newspaper Program and was provided to The Portal to Texas History by the UT San Antonio Libraries Special Collections.
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¥m
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|l| judi
fented
of one
et uttered
Jews
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CHAEAOWai BTTOT. :
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most tremendous rebukes ever
euee against his associates oh the
, - lon,of Judge Riimsey.and under the
** , P* Wff man being delivered into bon-
mm
SFPgRgi ■
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■ ifjKS
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the ♦court of appeared in hiding that the
tefvice letter,;-showing that appellant was discharged for insubordina-
tion, did not,truthfully stale the cause of his discharge, and for this
reason imputing liability to it.
*. ^udgelRamsey waived the issue of the Constitutionality of the law,
ana. since as he said the courtwiks not Nftf|d oi the second point rais-
t"**>rfH i •&**)#?• *•**!£ 6om«I«,, -The s^^TLssrsrE
f Ifciait'WflH demonstrate, ttmt they have been opposW- to
j
, i
" t, enthral it
in sueh legisla-
. , Mfe ki ggl«d against it, dented the
jj platforw* of parties and yet the legislature i*<nnhel<
tiaa by oar courts of last resort
" When ««* people ordained in the Bill of Rights tW «in all erlm-
| iisl pnwecotiffns the accused -shall have a *i>eedy puMic trial", by an im-
partial jwy,' the/ meant what they rfaid. They-did not Bean g„eh trial
rtnld or Should be had under the writ of injunction.
"The history of our race, its jurisprudence, legislation, and constitu-
tfow, precluded the idea that an aroused person could or should be tried
--.-t. -;-L-
"^•yKSSESSLai' piwisl^seot^by* injunction for penal foffenses, how-
ever ingcnnionsly put, is but m insidious attack upon the constitutional
■ right of trial by jury and upon the form and framework of our'government
by side-tine legislation and decision which, must be destructive of jury trinl
if carried to final result. •
"In part now tfie«ri^ht tp try penal offenses is transferred under in-
jonction process to the judge only, without the consent of the accused,
ud to thl| «it«nt the jury trial is curtailed and denied.
having been reached,it mat furnish bast
TOON OCCASION TO DESTROY THE RIGHT OF TRIAL
AND RELEGATE THE ENFORCEMENT OF CRIMINAL
IAW AND. FtTNISMBNT THEREUNDER TO THE *WRIT OF INJUNC-
TION, AND THIS TO THE EXCLUSION OF A JURY TRIAL AND AT
THE HANDS OF THE JUDGE ONLY.
"This bulwark of our liberties may be thus-set aside and made of
non-effect as was the Mosaic ^w by the substitution of the tradition of
the elders under Jewish history and dispensation.
. '-ft have thought further, and seriously so, over the matter in the
light of the ojfinion rendered by our Supreme Court, and tjie one Writ-
ten by Judge RAMSEY in this case, as well as the original opinion in 48
Texas, and I am how the more fully convinced that those decisions are not
in accord With our law as it should be or js it was intended to be, or as it
Mis been .understood by our people and the legal profession in the history
of our state. /
"I do not believe those opinions are correct, nor ilo I believe they
Hinnflttnee tile correct rule in the administration of our criminal law under
the questions raised in this case and it) those of ex parte Allison.
—^--^Wlo-for^tho present ft y dissent-thnM may enter wtltavail 80th-
. ing, I yet nevertheless do this in order that I may not willingly as a judge
be committed to'the doctrine that criminal laws can be enforced and penal
offense® punished under th? ancillary, equitable writ of injunction, "and
that such writ can be substituted for indictment and jufv trial thereunder."
"The history of our race and Jurisprudence have always provided as
the remedy in penal offenses the trial by Jury. Our constitution Is based
upon the right of trial by jury {p criminal cases.
''Of this trial the accused may not be deprived under any circunwtan-
stances, especially in f-sloniey nor can he he deprived of it in a misde-
meanor unless he expressly waives it. r~ ■ .
"The Codes,penal and procedure.point to and revolve around the right
of trial by Jury and that risht is the great central thought of onr en-
tire system of criminal and constitutional law.
"The constitution guards and protects that right in the most emphatic
commanding language and with guarantees that cannot be legally evaded
or set aside either by construction or legislative cohwebbifig.
"Without stbtaflr further reasons at present, I therefore respectfully en-
ter this my dissent." _
K?.%$ IS THE STOPY HOW RAMSEY, as a supreme court
udge, with brazen trickery and outrageous contempt for the people
andth? Iedglature. BFOKF. DOWN AND NUIT-IFTED TH13! TEX-
AS>W MIMNST BLACKLISTING WORKMEN.
While his political masters were inflating the people's minds
with the appeal for statewide prohibition, this labor-hating, capital-
serving judge has crept up secretly, under cover of the political din,
and strangled one' of the fairest, best laws on the statute books foi4
the protection of workingmen against brutal oppression by great
corporations.
OiKpage 344, of volume 137 of the Southwestern Reporter, you
will firm reported the case in which Judge Ramsey throttled the Tex.
anti-blacklisting law. The case is stated in the Southwestern Reporter
as follows :
"RAMSEY, Judge—This suit was instituted by Hixon against the 1'
(St. Louis Southwestern) railway cotppany in the district c<furt of Hunt
county to .recover damages under this state of facts: On the 24th day of
June, 1907, Hixon was in the employ of the plaintiff in error as a brake-
man, and on that day was engaged in operating a freight train on the line
of this road between Sherman and Commerce. On the way and neai* to
the station of Tom Beari, the apparatus for supplying the air brakes to
the cars in some way got out of order, so that thf air could not he applieS. -
The hand brakes on the cars were old and defective, so as to be unsafe
for use. Hixon and the other brakeman refused to proceed with the train
until the air brakes were adjusted. The condition oi affairs being
reported to the officers of the "joinpany, the conductor anil the engineer
were ordOTfd to proceed with the train, when Hixon and the other brake-
man decHped to go, and were left at Tom Bean* Hixon was after-
ward discharged %om the service of the company. The condition of the
cars made it danggrous to the lives of those operating the train to move
the same without airbrakes, or the hand brakes being placed in better
condition." S--'- \ ' '
There are the facts on which Hixon acted, as stated by Ramsey in
lis decision. There is no dispute about these-facts. Both sides admit
point thatthe service letter given Hixon bv the compsnv did t'ruth-
Snlt AST^ hPis dis(,har?e' and tha' therefore the company
owild not b& held liable for any injury whieh that letter might inflict
•upon tuxon. , ;
thk."~^6d' trtMhwoni
Wrprstation of the plain facts (so made by him to rob a poor work-
ngman of his rights and to save a brutal corporation from punish-
ment which it had earned under the law), in a lomr.winri#ri w—
rr/ymgyw/"* in which the facts and every
l^cal conclusion to be drawn therefrom, on a basis of conunoifsense
a 4 common justice, are made to mean exactly the opposite of what
th^r ought to mean. His full "opinion" is too long to bo quoted
here, but any Texan who will read it, in the law reports, can see for
Wmself that our opinion of it, here set forth as plainly as we know
how to do it, is justified In every word. •
Helte was this poor workipgman, fired for refusing to risk his
life, j#hich no la* on earth required him to do. asking for and being
refused an honest statement of the cctase of his discharge.
Here was this railroad company refusing to give him an honest
statement of the facts in his service paper, but so limiting its statement
of the facts as to make it impossible for t^e brakeman ever again to
hold a job with any railroad company. Doing it with full knowledge
moreover, of what its effect would be on poor Ilixon.
Here was a jury of good Texans, that heard the evidence in the
case, giving Hixon a righteous verdict for |2500 damages. /
> i je !vas ^'8tr>ct. c°urt of civil appeals, reviewing the
facts and the evidence, affirming that verdict given by the jury.
Here was the railroad company taking its appeal up to the state
supreme court—up to this labor-hating, money-worshipping supremo
judge—and here was he, in defiance of the enscient.ious judgment of
the jury and the lower courts, in defiance of right and justice and eom-
rightsenSe' ^Ving H deoision which robbed P°or workingman of hw
More, Ramsey's decision, (which, is now the law of Texas on
this Buhjeet, higher than the ^t of the legislature, approved by the
gt>vernorwho appointed Ramsey to the bench), makes it possible for
any railroad to blacklist any discharged employe, and prevent him
from getting a job with^ny other railroad anywhere, by giving him
a lying clearance paper, in which the causes of his discharge are
stated unfairly, untruthfully or incompletely, as was done in this
C&S6
U
same trin " t * T" t0 Colleet tWo hills for the
same trip when either one bears evidence of being amply sufficient
to meet the most extravagant wants and ravenous desiresT Does the
eral to TbgV / * M Part °f the duty of our attorn^'
IZll tiP 4 S hot summer months in the cool Adirondack* or
along the tempting shores of the Great Lakes «t our State's
ex-
Ramsey's decision knocks out the anti-blacklisting law. nis per-
sonal order, given to cheat a poor workingman out of his rights and to
save money and mean power for a railroad company, arrogantly nulli-
ties the act of the legislature and slaps squarely in the face the work-
ing people of Texas, on whose demand that law was enacted for their
protection. • V :,v|J '
This is the same Ramsey who is now rnnnng for governor of Tex-
as, asking workingmen to vote for him as a "'friend of labor," and
asking Texans generally to vote for him because of his "high charac-
ter, his patriotism, his great ability, etc., etc.
T) .. 1. l il i. _
Kjuor ma-
>reme Court
And so he stands before the public, a harsh reactionary, a cold
and crafty professional politician, with no fixed
humane or economic except his contempt for th
moil man and his reverent regard
one
candidate of those whose salvation is like his own so immortally
cinched—m their own opinions-that they have no need to look af
'th sides admit ter their Own faults but have their wl ole Hmn nnu„ „~;i / ? , ,
hem. Hixon Was asked by the railroad company to put his life in dan- after the sins of their fellow men. / and free tojook
rer. He refused. The company fired him. What followed we learn
>y again reading from Judge Ramsey's decision:
"Undpr the provisions of the act iof ,the thirtieth legislature oh the
subject of 'blacklisting', approved April 5, 1907, page 142, to take ef-
fect ninety days after adjournment of the legislature, Hixon made a de-
mand in writing upon the company for a statement of the cause of his dis-
charge, and received in reply the following: 'July 15th, 1907. .This is,to
certify that S. J. Hixon has been employed in the capacity of brakeman
at Commerce, Texas, on the St. Louis Southwestern Railway Company of
Texas from February 9, 1907, to June 24, 1907, Discharged on afcount of
insubordination.' This was signed by J. W. Maxwell, general superinten-
, -r.Ra,nafy }n his opening speech undertook the defense of
Attorney General Lightfoot, who had himself started in the race for
re-election but was forced to retire because his redord as an officer
of that department Was indefensible. Mercilessly tracked step bv
step, in his betrayal "first of his predecessor imde'r whom he served
then of his state while the supreme co\irt judge was in the act of
whitewash ^Vh^StinH11rfrn as pr('partDg a report which would-
SVT' arUllard ()d ComPan>'' John I). Rockefeller and H.
nritk - to^continue their monopoly in Tex. together
'"in^is petition the plaintiff claimed that he was not acting in in-
subordination, because the conditions were such as to justify, his refusal
0 proceed with the cars, and therefore that the statement of the cause
®f his discharge were false, and that the railroad company failed to give
"im a statement of the true cause of his discharge, in that it did not
state the circumstances under which he refuse_d to proceed with his labor.
This suit was brougkt for the recovery of damages on account of failure
0 furnish him (the plaintiff), with a true statement of the cause of his
discharge, and alleges the following grounds of recovery** (1) That in
aecuHng employment on the railway service he was required to-produce —
u service letter, and that the production of the same, as furnished to him
"J the defendant, has been and will be the cause of his failure to se- >'
® re emploj-ment in the future from railroads.'!.
THERE IT WAS—AS CLEAR A CASE OP DELIBERATE
LACKLISTINO AS ANYBODY EVER SAW; IN PLAIN AND
JAZEN DEPIANOE OP THE LAWS OP TEXAS; A RICH COR-
■OKATION HOUNDING DOWN A POOR WORKINOMAN, POR
0 BETTER REASON THAN BECAUSE, AT ITS ORDER, HE
^fdsed to put his life in danger.
HEAR RAUSEY'S DECISION PURTHER:
viep ■ ' ^ia'; since the receipt of the said statement he had begun ser-
_ ® number of railroads, but as soon as the railroad company
'1 hear from the St. Louis Southwestern Railway Company of Texas
cnmn°U^ be discharged on account of the statement received from that
^that he had been discharged for insubordination.
stanr that letter as his service letter, and the charges
char °n ,. ( iu,. r.,iirf,qf) company against him, as being dis-
mn. , 'or insubordlbation, he will never be able to secttre work on any
"foad hereafter.
can. the charge of. insubordination greatly humiliates him and
him Cental Buffering." V , "
l^mgqr. next recites that there was a trial before a jury, which
im, nXon a verdict for $2500, which judgment on appeal was af-
1 "y tho court of eivil appeal^ for the fifth district. ' ^ -
namsey then recites that the railroad company, appealing '*
i,^e court alle^d three grounds: (1), That the anti-bli
,n • ' " ' ^ ^^^iolates1 Sec. 8' of the T as
and free presa and section
ligainiibein<rj3ePiTtik
due process of law, etc. (2) "That since
beforethe act
^ is error s
Hasto^f
■■Hi
have t d^rSfI0 ^ he race in order that he might not for ^ ^as but a judge-^ith all the coldness and lack of human
JZt f°fa fZr i before the people this, his most diabolical plot, his sympathy of the average judtre.
most unfaithful act, this most untruthful report. As to what is the
<>wnP words taLXm tlat
report will suffice to show. They are:
TftJS2?8! 0LAY PIEEOE, JOHN D. AECHBOLD, H O FOLOER OR
„ IKO IN ou^Sws topI^^ n° D0 S0, AND THERE IS N0TH"
ernor
defending the Attorney General 'and "dmounci'n£ "ibc °RIES ° DS HELPLESS A^ONFOETTOATE
"resent Governor beeanse he vetoed part of the a^roprSn tor
that department, the attorney general himself was hnsily preparing
w S' ?"e.t0 tte State "d 0M to «• WoodmVof th!
World of which the following is sufficient to be said:
law is
'Right*
"Uch
'•rf it'?'. >} J: -rS US? Ifuilvtlifcf'* 'WtmA
r, . , j . -July 25th, 1911.
Keport of Account of expenses of J. P. Lightfoot, on trip to New Or.
leans, Atlanta, Washington, Montreal, Boston,. New York aftd St Louis to
investigate the American Telephone and Telegraph Company the Wes
T- r- grttP ComPan3r. the Postal Telegraph Company, the Gen-
nellJd bvTb RinparV snd ?ther/oncerns' pursuant to a Joint Resolution
passed by the Regular Session of the 32nd Legislature. .
14, Xflll.8Cril?ed M<1 8W#nI t0 helon 111,7 b7 Jewel P. LightfMt'thie Dec,
"PfOCEE,DINGS OF NINTH ANNUAL^SsiON^THP sov
WOODMEN OP THE WORLD, HEJLD AT ROCmST-
EB, N. T., JUNE 13TH TO 24, lfllL " • ^
On page 145 of this report of
and Diem, Sovereign
18 to 84," tiere i« 1
Jew^P. Lightfoot,
Will ^ ihrt WgWfoot waa idniag in an expense bill to
or attendimr the Sover-
apdl
f
i waut^ipBIIPHHBV
t. , ^yen- Qait being a sheep. Vote with the party
that standi for what you yant—the only really democratic party—
the Socialist par^. Cwt a voU that will count for th«r thiugsjou
£ ^ hoaee and mor.^u-
S i wh?m oId*PArty policies ha?e condemned, by
*^^toUp^twely for food. , , '
■I HH
'WtlSSZE*
C^® oxponw wa« calculated from Austin t*
6ftS 8"" a period fran Jn«
S* C0un ju<lRe ^now Al1 of this'und did he ap-
1 11 when he spoke the following words in his speech at
department an dihe appropriations therefor, as compared with appro,
prifttions for his own department and tWse controlled hv him is one
01 such inconsistenrr^Tthauch deplorable prtisanship' ai.d aggres-
sion as to be appalling." / , 1 "KKres-
ahoSwoht"*"--'-™- i"-.I)'><2h" rat<irtal1' "■«sam, view.
1
toPSLA.ndJ?h WlM", "«b£"ad wi,h what 't0« he aaaiime
i° ' „ ?,"*' T "°r .°fSl",e 'w vetoin* appropriation, hioh
are put to such purposes T
In his opening speech a| Gonzales on March 30, 1912, Judge
R=yTd",a^hJm8eIf 'lgfti"8t the Initiative, Referendum and
. f' he d,|l «ay that if those who wanted these measures
could «et them they were entitled to them, but he, so far as he was
concerned, put his disapproval on them. In discussing that issue hf>
starts off with the following words:
iD .th4evpr0p08al 40 Produce in this state the prac-
^ U8e j h® initiative, referendum and recall all tixe vlr-
tpos of their ardent and enthusiastic champions."
again, further on in his speech, ho said there was already
enough of initiative and referendum in our law and that it ought
not to be carried any further and this view he expressed in the fol-
lowing words: \
«had' and "centiy made use of the initiative rule, by
mS be sibmitSi « Ur" Whlch require" ^ lotion
^ _® submlttea^to the democratic electors on the petition of but 10 ner
cent of the votes cast at the previous election S'vSSnrfSTbJSiT
tSUSTi °iwf POliCiM and p0Utlc of State by our party such a •
avl^fhi! ifH!ial t..^ein8 10 me to ba ""P16' and- since it can be made
a liable without ublic expose, should be accepted as sufficient.'"'
The judge, like all other judges, believes in the infallibility of
he judiciary He is sure that there is a liquor machine controlling
the politics ot the country aT^all of the officers of the government
are corrupt, but of th/Supreme Court of which he was so recently
,a part he is careful to say nothing. Upon this he is silent.
If the State is being dominated as he says by the
clime, he ought, to tell the people who dominate the But
f F writ Ah Vi/1 urnfl Ma«mVAT.. ..A TTT • - _ 1
noii ^ a a 7; — i io uixaiwiuviy upposea xo tee re-
call of judge*, and he expressed that opinion in the following words •
uLTa0??08, t0 the ^ecai1 as aPPlied to the judges of tho courts,
and wduld also oppose its Application to Stat$ officers."
llairiK^' is a judge;; He was on the bench when he announced
and is therefore out of .touch .with the people. lie is cold and dis-
Why, you Rebels,there has never been in the whole historv of and, °/,course, is naturally opposed to these reforms, but there
Texas a meaner, baser, more treacherous traitor to the common peo- and J "no,llu'r reHH011 why he is opposed t-o it. Ho wanted
pie than this same Ramsey who is going around over the state trying 7 lSUpport .and Bailey has it to him, but
to stir up prejucLce on a fake reform issue, so he can become gover- S^i UP°n 0pp0Sltl0n to the initiative, referent im and,
nor and serve the corporations even more effectively againft the
common people from the state executive office. °
1 here are the cold facts. Nobody's mere onininn Tb
^rawn irom wamsey's own written words, published in* the great
do0™ 131 paK0 3447
*VL3 f^ctly-w^at T?rking^en can exPect to get from men el-
v orkifiXiAn fr 0 Parties- Th® °id parties don't nominate;
with tb^wor^ ' Si1" m®,n 086 s3nnPathies and interests are
raik * ey^Way8 nominate men they can trust to
7 coiyoration property at that-higher than hu-
man rights, regardless of what the law may be. ~
never get a square deal under government until vou
t™ lC!7,rMC'T Sociali8,s t0 off"'. "d Ramsey's despirahle'bc-
';™y°! ' theworhagmai under the iiti-blacklistiiig1uw is only
out of hundreds of cases whieh provd it.
We now pass to the consideration of—
RAMSEY AS A CANDIDATE.
convictions either
le rights of the com-
, , .... „ t — f<)r sacred property, with one
hand in the glove of Joe Bailey and one hand in the glove of Tom
Lamp bell, two political bosses who will not again rule Texas Two
bosses who, have never been pitted against each other. Two bosses
who claim each to have saved the other
and by his silent work and steady hand saved the junior senator from
the wrath of,an outraged peple^ They are now hands across the table
to saddle upon the people of Texas as their governor, a cold, clam-
my, unsympathetic judge from the Supreme Court bench, who tells
the people in North Texas he is a prohibitionist, and the people in
is a ^refo'" ™md'!?J*?** [Ul,y t0 U11(,erstan"his character, that He P^P1® in North Texas thathe^ Opp^^to^he^tiaSle and reft
candidate, the T **> ™
if they cap get it Who tells labor that he is for it and capital he is
not against it. Who advocates an employes' compensation act and
says it must be fair to the employe but not unfair to the employer.
' u°rm^0r/ ^ reform but in his career as such never practiced
it. Who favors a "kind treatment of the convicts" but a "firm"
treatment of them. Who now believes in abolishing the "bat" but
£ WaS iD P°Wer as Penit®ntiary commission-
toil! i,! i ? the convict from the depths of degradation, his
thA^r^fl6 / ?? W*nffled blo°d and sweat was wrung from
* hJ^ u® ^i ^86 l0st^^th lash after lash of the nine foot
an A en n* "?t Cry 0ut to PeoP,e against such outrages
and such crueL les, such torure of human beings? How could he wit-
ness such cruelties and not cry out against thm? flod forgiv him,
for he- «<" Tin-f n iii<i,.n _i, ii t, . . " '
^ average judge.
for off!!?,3! ihC J.88 l,een, ,nTOkened l)y others and is a candidate
Sot
nftTY0UE CHANCE BUT YOU STOOD BY
™^ ^ - — COLD, IMPASSIVE AND INDUFF '
Whde the Supreme Court Judge in his opening speech fox ^ov- P??????0 BLOW AFTER BLOW
r was defendmcr the Attr>rn *r rionanai j • r
i'ERENT, AND SAW THE LASH
1 AND HEARD THE FEARFUL
OFECRTOLTY U YOUEHAnMvm5? BITH0SE GHASTLY ACTS
Y0U HAD YOUR CHANCE. GOD FOROIVV
NOT ACT ^5Tfr0P raAT CRUELTY, YOU DID
HAS P0WER- YOUR CHANCE
^ 17 Y0UE CHANCE TO BE GOV-
SffSr ^TH^ ^
A^^FER^fo^THoS T° raE S0RK0WS
10 HTTMAN EI0OT8
^J°V HAVI SERVED LIKE ALL
SFrivrn awS^^t^SaSE?111880118 of ^ POOR HAVE
SERVED, AND YOUR FAME SHALL BE INFAMY."
- Do r®ader' Want t0 vot® for a democrat?
Do you want ft vote ior a man who believes in human rights--
ernments^aTall ®ommon P6°Ple to control their gov-
ernments at all times and on all issues f
part? orimf^ t^°W vote away « the democratic
von/lrind^ S 4m5D ^ that Pnmary is a democrat-not
rep"Mnt
■i ! '? i
I'll
t
6i I,-
/if'
• ■ hasBK
■pi
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Hickey, T. A. The Rebel (Hallettsville, Tex.), Vol. [1], No. 49, Ed. 1 Saturday, June 8, 1912, newspaper, June 8, 1912; (https://texashistory.unt.edu/ark:/67531/metapth394820/m1/3/?q=%22%22~1: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UT San Antonio Libraries Special Collections.