San Antonio Express. (San Antonio, Tex.), Vol. 47, No. 234, Ed. 1 Wednesday, August 21, 1912 Page: 3 of 14

                                
SAN ANTONIO EXPRESS: WEDNESDAY MORNING. AUGUST 21, 1912.
'NEWS FROM AUSTIN
The Express Austin Bureau—Of tic* 112 East Slstl; Street, Drtaklll Hotel Building
Old telephone No. 1S88. XL M. Harris, Staff Correspondent
HOPE Of CUT IN COL PHELPS WILL
SCHOOL SUPERINTENDENT OF
* AN EAST TEXAS COUNTY CITED
TO ANSWER CHARGE
The Express Austin Bureau.
Al'STLN. Tex., Aug. 20.—A startling
development in line with the reports of
some months, from different parts of
Texas, that there had been trafficking
in examination papers for applicants for
teachers' certificates came this morning
when Stake .Superintendent Bralley no-
tified the County Superintendent of an
East Texas county to appear before him
at Austin to show cause why his cer-
tificate should not be canceled. The
hearing is set for the morning of Au-
gust 31 in the Department of Education.
Attached to tho notification to the
school official are six affidavits and a
statement) witnessed, all by negroes who
had ottered or intended to offer for the
certificate examinations in September,
lUll, and later. Ttiese affidavits, accord-
ing to the notifications sent by ihe .State
Superintendent "tend to show that the
county otfleer was guilty of selling ihe
examination papers* All me affidavits
,.mention as the price alleged to have
been paid for each set ot papers tnus
claimed to have been sold.
"Failure to respond to this notice or
to appear at tht- time and place herein
ur-Mgnatvd," Bralley s notification runs,
"will I" accepted us tantamount to a
tonicssion of guilt, in whien event 1
nhali proceed to cancel your certifi-
cate. i
.Some of the affidavits are sensational.
On»- affidavit swears the Count) Su-
herlntenduil wus to plate the questions
on the ground near Ihe oCticial s resl-
flenee and that the purchaser went there
juid found them. Alleged threats to kill,
to have killed, those obtaining the
papers from the oif.clal if they Informed
• i the transaction are told of. In one
document is set forth the language ot
an alleged purchaser of papers to the
efl'eet that the superintendent iuid said
if they "e>er divulged anything the shot-
gun would eome next. '
Mr. Bralley alvo sent copies of these
afliduvits to the District and Count}
Att.irno\. advising that he considered
H h's duty to report ihe facts lor the
pios'Culo.'s to take any action they
'"'ni' re' 'has Veen considerable agitation
concerning the i'jw or theft of examina-
tion pup. n h, tteachers' examinations
of the past season. Hecently the sum-
mer Normal Board <>f Kxamlners report-
ed to the stale Superintendent it had
found many evidences of collusion anu
-gross insularities" in the papers for
certificate: it had graded-chicfly from
negro normals. 4 .
I |... Twem .-ninth Legislature enacted
a law prcvldiiig a fine of »I<iO to
and impiisoii'ment In county jails lor
twentj to sixty days for trafficking In
tea: hers' examinations questions. Ihe
i 'mlii \ ii.4 Hoard, il appears, In getting
un the latest revision of the penal code,
cmrated the above statute, hut brought
forward a statute of IliOl, which provides
merely a fine of *5. to SUW for such a
niisdeineanor. It is understood thai tne
Siuie Superintendent's object in irans-
mit tins the affidavits to the pupllc pros-
eeuiors was to predicate possible prose-
I utioli under the statutes governing
malfeasance in office, or bribery, the
latter being a penitentiary offense.
If the State Superintendent should ean-
i, l t|„, official's license, an ap-
peal would lie to Ihe Stale Board of
Kdiu ation. Thereafter the respondent
would have recourse to the courts.
The State Banking Commissioner Not
Likeiy to Serve During Col-
quitt's Second Term.
The Express Austin Hureau.
AI'bTJN, Tex., Aug. 20. ~B. L. (Jill may
ooi accept another term as Commissioner
of Insurance and Banking, as he is now
inclined to retire at the. end of his pres-
ent term. While he has not definitely
made up his mind to leave the State's
service. his In filiations now would take
him ba.ek t« his private business. He
feels, it is known, that his private affairs
demand his attention, and only the
fit longest pressure can keep him at the
head of the Hanking Department tinder
the second Colquitt term. One offer h1
declined was SV,*>00 per annum, a55 nome
important work inaugurated by him had
not been finished.
Mr. Gill came to Austin from Terrell,
where he was in ti e banking business,
|» and hia administration has been one of
the features of the Colquitt government,
tli.s effort has been to keep the {State
banks 011 a safe, sane basis, and with
that end in view he has endeavored to
enforce the banking laws to ihe iiiinut-
{ rt (It tail.
He fore leaving the Banking Department
Mr. (till will make several recommenda-
tions, among them the establishment )f
civil service for that department; the
employment of a special lawyer to attend
t-i the business of the department, yet
known .is an Assistant Attorney ('Jen-
nal. Thl:' attorn',v could construe the
statutes, give legal advice and prosecute
those who violate the banking laws. Mr.
Gill believe:; the commissioner's salary
should he at least $">,000, as other States
wiih less work and responsibility pay
that sum ami more. In some States the
combined salaries of insurance ;4 n.l hank -
inu commissioner amount to S15,fK>i. Texas,
will, her V.'." State panics, ranks fourth
in the Stales having supervision of State
bi "K-, i.'iiig preceded by Iowa, Illinois
and Kansas.
Aeroplane fligiit .it Kcrrvlllo fair. August
21, Speii.il train service, low
rates.
RULING IS MADE CONCERNING
FISHING BOATS USING TEXAS
AS A BASE.
The Express Austin Bureau.
AUSTIN, Tex., Aug. W. Answering
questions submitted by the State Game,
Fish and Oyster Department, Assistant
Attorney General O. C. Funderburk to-
day construed the statute taxing whole-
sale fishermen. He also made the im-
portant ruling that, under the law, the
captain, manager or master of a fish-
ing boat ifTTexas waters and using Texas
base must be an American citizen; it is
not sufficient that the owner of the
craft be an American, but the person
actually employed to manage or control
the operation of the boat must have such
citizenship.
in substance, the opinion follows:
"We have had under consideration the
questions submitted to this department
In your letter of August 15. You desire
to be advised:
"1. 'Is a corporation engaged in fish-
ing from its own boats through hired
crews or crews working on shares, and
shipping and selling such catches pur-
chasing the fish caught, a wnolesaie
dealer and subject to the tax?
"2. 'Is it necessary unde^ Article
of the Civil Statutes of 1911 that the
captain, master or manager therein re-
ferred to must be an American citizen
and in actual charge of the navigation
of his boat. Or can the owner of the
boat be a naturalized citizen and employ
aliens as captains, masters or managers
of his boat?'
"In reply I respectfully advise that
your first question in its wording is not
quite clear, but l understand the ques-
tion to be, can a corporation which op-
erates its own boats and hires crews
to <10 its fishing be taxed as a whole-
sale dealer. I understand the contention
is made that they do not come within the
definition of the term "wholesale dealer
which is defined in the law as follows:
" 'One who is regularly engaged in buy-
ing fish in lots of 250 pounds or more,
and oysters in lots of five barrels or
more for the purpose of re-sale.'
"From this definition It is clear, if a
corporation does not buy fish in lots of
L'CiO pounds or more, or oysters in lots
of five barrels or more, it is not sub-
ject to the tax imposed on wholesale
dealers. If a corporation Nvhich must
necessarily act through agents catches
its own fish rather than buying same,
the definition does not cover such a case.
"1 am of opinion that if a corporation
furnishes its own boat and hires fisher-
men, paying wages, salary or even a per
cent or the fish caught instead of buying
outright the catch ot such crew, It would
not be regarded as a buyer within the
meaning of this act. of course, you
understand il is a question of fact and
not of law whether a corporation bears
the relation to a fishing crew of pur-
chaser or of employer and employe. !f
the bona fide relation of employer and
employe exists between the corporation
and fishing crew, the corporation is not
liable for the tax. If the corporation
in fact is a meor purchaser of the catch
of any crew even though colorably bear-
ing the relation of employer and em-
ploye, it would be liable for the tax.
"In reference to your other question,
1 think it clear from the provisions of
Revised Statutes, 1911, article 3986, that
the captain, master or manager referred
to who are required to procure a license,
means the captain, master or manager
who actually is In charge of and oper-
ates the boat and he is required to be
an American citizen.
"I do not believe that the owner of a
boat who employs a foreigner to operate
same and who is himself in no manner
connected with the occupation of fishing,
can procure a license that will exempt
the captain, master or anyone employed
to manage or control the operation of his
boat."
BIT SAN ANTONJANS MUST
AWAIT INSPECTION OF IM-
PROVEMENTS.
1
mtEtmrSsioe
Your Liver
is Clogged up *
That'. Why You're Tirift-Out of
So:us—Have No Appelitt.
CARTER'S LITTLE
LIVER PILLS A-—. 
riES* iMCfiBBg
They do d
their doty. IllVER
Cuts ! Spills.
Comtipa-
tior, Bi'- - „
iourum, IndigesticD, ard Sick HtaiUcfct.
SMjUL PILL SMALL DOSE, SlliLL PRICE
r-enuinc mu.tw Signature
St/i
American Book Company, It Is Re-
lieved, Will Seek to Do Busi-
ness in Stale.
The Express Austin Bureau.
Al'STlX, Tift., Aug. -0. Reviving Ihe
interest that was aroused when the Amer-
ican Book Company in March. 1911, sub-
mitted to the Secretary of State an appli-
cation for a permit to operate in Texas is
the advent today of a well kuown Houston
attorney bringing ihe company's matter
to llie attention of the State Department-
It is now reported the big publishing con-
cern may seek to put Itself in line for
bidding on the State textgook contract
that must he awarded by the new board
not later than November.
Beyond this indication, h.nvever, there
was no definite outcome of the attorney's
visit today. The discussion between
counsel and the department concerned the
nature of such "antitrust affidavits" as
might be necessary In the event the com-
pany follows out its original intention and
application to re-enter Texas, and other
n.alters connected with sueli application,
as filing fees, etc. Although the lawyer
did not go into details as to what steps
his clients mean to take in the premises,
it is evident they are now watching the
situation with a view to being in the
State, if possible, in season to bid on the
textbook adoption.
It is ff'veral years since the old Ameri-
can Hook Company withdrew from this
State on proceedings hj the Attorney
General for violation of the antitrust
statutes, $15,000 in penalty. When tile
new company applied last -.ear for per-
mit to operate in Texas tie application
was at once referred by the Secretary of
• State to Attorney General laghtfoor. hut
I the latter would not render an opinion
• as to the right of the concern m do busl-
ines* here, suggesting that in view of a
I'lrmer withdrawal before leturninc it
»i'<»uld be further investigated to ascertain
nether It was obeying the antitrust lav.
i nder these elrcnmstnnces there were n »
■" ults from the company's application,
"it it was not withdrawn and it may
.ain !e necessary for the Secretary "f
.-•ate to refer the matter to the legal de-
, aiinient for advice If the hook company
< vcrmines to try to return to Texas.
iiids for textbooks are to be opened
September -4.
POMPEO COPPINI IS NAMED
San Antonian Appointed In World's
Permanent Exposition Board.
The Express Austin Uureau.
AI'STIN, Tex., Aug. 20.—The (Jovernor
has named Edwin J. Kleat of Dallas,
Louis J. Wortham of Fort Worth, Poru-
peo Coppinl of San Antonio, Roger c
Hoberdeau of Austin and*VV. A. Barnes
of Lampasas as Texas' "epresentative.<
in an advisory capacity on the World's
Permanent Exposition Board.
Congress proposes a permanent exhibi-
tion of 'he resources of the States <»f
this Nation, natural, industrial and elu-
! rational* and plans are to be perfected
I for such an exposition.
'1 lir Express Aim in Bureau.
AI'STIN, Tex., Aug. 3).—The claims ot
.San Antonio's business men for a reduc-
tion In the key rate of that city will, it
developed today, be considered by the
Sta\e Insurance Board when It receives
a report from whatever representative
may be sent to investigate the nature and
extern of the improvements and advan-
tages that were urged as a basis for re-
duction. The inspection will, of course,
be made by a representative of C. B.
rtoulet of Dallas, actuary of the insur-
ance companies operating in Texas.
Asked concerning what action the board
Wiil take pursuant t7T"the hearing given
San Antonians yesterday. Secretary Pol-
lard said today the board will request the
actuary to din <•!; an investigation and
11 a»c the report (hereon submitted to the
board as soon as possible. Beyond I his
Captain Pollard said he could not indi-
cate when the inspection would be made
or the report returned, remarking that
Mr. Rouiet had tie management of his
own bureau and must, of course, decide
for himself when he can put a man on
the word.
Some encouragement was derived by
the Alamo city delegation from the com-
ment of Chairman Gill and Secretary Pol-
lard to the effect that if improvements
have been made as represented and no
credit yet given, the city undoubtedly will
benfit by further reduction to this ex-
tent. Il L not unlikely that several cents
will lie cut from the present key rate of
"5 cents. If the report to the board finds
the community is entitled to further con-
sideration in this respect.
The board today was in conference
with its specially engaged counsel, c. M.
Cureton of Meridian, regarding the suit
brought against it by ttie city of Austin
and pending in the District Court here,
to require the board to grant the rates
which were refused when the city pre-
sented a petition, some months ago. in-
terest in this suit is keen throughout the
State, as similar situations have arisen
before and since its institution. It Is
understood the details of the case were
discussed thoroughly by the board and Its
experts with Judge Cureton, who has
been here several days in the matter.
Concerning the statements made yester-
day at the board's hearing by Attorney
R. L. Batts of Austin, Secretary Pollard
toda> gave out the following.
"In the published reports of the hear-
ing of the 19th inst. before the State In-
surance Board, Judge It. L. Batts's re-
marks would convey the impression that
the Insurance Boaard was arbitrarily op-
posing a reduction in insurance rates
when the companies were demanding the
privilege of writing at less rates than
11 lose prescribed by the board and when
the people were clamoring for lower
rates. Judge Batts stated 'the companies
had shown a disposition to reduce, there
was no doubt of what the people want
and It is the board's right and duty to
order the rates lowered.'
"Judge Batts should have said that five
out of I2f> companies considered a reduc-
tion of rates, but. afterwards for reasons
sufficient to themselves, reconsidered
their demands ami withdrew their re-
quests. This board has received no inti-
mation from any other of the companies
doing business in this State that they de-
sired the rates lowered; on the contrary,
the board has protests on file from
companies, from individuals and from
the I4OC&I Agents' Association of the
Stale, protesting against such action,
until it should nave been shown by de-
veloping the facts that the present rates
in vogue are unjust, unreasonable and
excessive.
"The city of Austin has taken Issue
with the board 011 this and other ques-
tions, alt of which will, we hope, be de-
cide,! once for all by the suit pending.
"This board recognizes 110 higher duty
than to administer the law as it is writ-
ten, and tills it will do as it; sees it, and
as directed by its le.^al advisers."
FIRE LIMITS WILL BE EXTENDED
Ordinance I* Taken I'p for Considera-
tion by Council.
The Express A until) Bureau.
AI'STIN, Tex., Aug. 20.—The city coun-
cil, J. P. Schneider, Charles Anderson,
Sherman Drake and A. J. Eilers met to-
day to discuss the ordinance extending
the fire limits. The proposed extension
covers more than fifty blocks and many
of these will be cut out before the final
passage of tne ordinance. Alter the
council has determined which blocks
should be Included iu the extensions
there will b«* a meeting with citizens
opposed to the extension.
Objection has been raised to many of
the blocks included in the extension of
the limits as there are only frame houses
and in many instances hovels in the
blocks, and some of them will not be
business property for years to come.' It
was decided to have each councilman
study the matter separately and later
decide on the extension in a body.
The proposed extension covers the fol-
lowing territory west of Congress Ave-
nue and not now Included in the fire
limits, beginning at First and < olorado
Streets; west to West Avenue, north to
Sixth Street, east to Lavaca Street,
south to Fifth Street, cast to Colorado
fc'tivet and south to First Street.
Beginning at Second and Brazos
Sheets the • xtension is as follows: Kast
in flfechi Street, north to Third Street,
west to Navnsota Street, north to Sev-
enth Street, west to Sabine Street, south
| to ixtli Strict, east to Last Avenue,
! smith to Fifth Stre«t, west t<» Brazos
j Street and South to Second Street.
In addition the following three blocks
j north of the Capitol will probably be
added to the fire limits: Beginning at
! Thirteenth and Colorado Sheets, cast to
j Brazos Street, north to Fifteenth Street, 1
west to Congress Avenue, south to Four-
j teenth Street and w-s* to Colorado
; Street. The block between congresi
; Avenue and Colorado Str«>t and Fif-
i teenth and Fourteenth Streets is now 1
j included in the fire llmitsi.
Heal Estate Transfers.
I The F.xpreM Austin Bureau.
j AI ST IN. Tex., Aug. Mealtv h an«t-
fers as follows were fiI# <1 tod.r for
I ;•(« ol d:
] J. B. P,'•alright ami wife t<» I'rsula c.. ;
Bales, five a< ivs of tin- t/aac Decker i
league; $ir».0W.
J .h Hm Feltlu and Peter Joseph Felt In !
to .loiin R. Shelton and wife, hu ». olock j
i, m.tlot 7.1, Fourth addition;
Council DircuFscs Paving Plans.
'I'!ir Austin Iturmu.
U'STIN, Tex.. Aug. 20.—Tin ity *oun- ,
• il this afternoon met and diseussel
paving plans. Mayor Wooldridgc aug- i
gett»hi that the r it . contribute ,j portion
'of the cost other than for strpet inter- ;
I sections, in the resident 'Ustilcts. and ;
11he matter is being considered by the
! council.
Permit was refused to establish n blast
ftiMia'.e and foundiy at Fifth and >'oio- I
redo Streets, Coun.-ilnicn Baitholonu w j
and llaviHs voting against the r< olutio.i
oi icfusal,
<1. .
THE FUNERAL SERVICES WILL BE
CONDUCTED IN FIRST CON-
CRELATIONAL CHI KCH.
The Express Austin Bureau.
AUSTIN, Tex., Aug. 20—The funeral
services for Col. Edwin M. Phelps, who
died late last night In his home here,
will be conducted by Rev. Dr. R. J.
Brigga tomorrow morning at 10 o'clock
in the First Congregational Church.
Colonel Phelps was a collector ot cus-
toms at Del Rio In 1 ss5, having been ap-
pointed by Cleveland; was late, an em-
ploye in the hind Utilce, and tor twelve
.wars was Assistant Adjutant General,
J serving under Governors Niyers, i.an-
ham apd Campbell.
His work, in connection with securing
i from the Federal Government a retunu
j of the claim of the Stale ol Texas for
| the protection of the frontier from In-
i dlans and Mexican marauders from Feb-
| ruarv 18, 1836, to 1869, amounting to
j £{9ti,H14.K*. was recognized by resolution
of the Thirtieth Legislature.
The military record of Colonel Phelps
is given in the general orders announc-
ing his retirement front the Adjutant
General Department, February J, 1911,
as follows:
In the Army of the Confederacy—Pri-
vate Troop G (Terry s Texas Hangers,
Eighth Cavalry. C. S. A . September.
lMd; second lieutenant May y. to
April 24. 1865; was In more than 300
battles and minor engagements begin-
ning with Woodsonville, K? , December
IT, 1S61, to BentonviUe. X C.. in March,
1st:."'; was on duty as regimental adjutant
at the close of the war.
In the service of the State—Captain
and quartermaster, Frontier Battalion,
February I. 181)9, to April 11, 1x59; cap-
tain ami chief clerk, Adjutant General s
Office, April 11, 1899, to July I, 1&08;
major and Assistant Adjutant General.
July 1, 1903, to July 14, 1!»"."»; colonel and
Assistant Adjutant General, July 14, 1905,
to February 1, 1911. Retired vsiili rank
of colonel February J, 1911.
Colonel Phelps was born in Vincennes,
Irni.. while his parents \sere on a visit
to that place, on August lhil, at
which time his parents lived in New
Orleans. Later his parents moved to
Mint settled at Goliad, Tex., in 1851.
Colonel Phelps has continuously resided
In Texas, with the exception of lour
ears in the Army of the Confederacy.
After the war was over he lived at Vic-
toria, where he had several offices of
trust, representing that county in the
Eighteenth Legislature in l&s;:.
There was one th ug in his life that
above all things lie was proud of, ami
thai was his Confederate record, having
participated in some of the hardest
fought battles of that war. Having
served throughout the war from De-
cember. I SHI. to May 9. I860, it was nat-
ural for him to look with pride upon his
record.
At ihe funeral tomorrow the honorary
pallbearers will be Joseph D. Bayers. Ru-
dolph Kleberg, W. R. Davis, William
Owens of Elgin, W- M Walton and W.
B. Walker.
Active pallbearers are / T. Fullmore,
Will L. Vlning, W F. A ICllison. H. G.
Askew, Forrest T. Morgan and Gen.
Henrv Hutching*.
Colonel Phelps is survived by his wife
and seven children: K. P. Phelps of
Houston. Henry T. Phelps of San An-
tonio, Miss I'na Phelps. Albert S , Reg-
inald K. and Miss Luc ile Phelps of Ann-
tin and Raymond Phelps of San Antonio.
iPEST INS TEXIS APPLES
•WASHER'S, WHERE IT'S QUALITY
HERE'S THE LAST
STRAW HAT SALE
Of the Season at Washer's. It will pay you to
buy now for the rest of the season, or put in a
supply for next season at these prices all Pana-
mas and Straws included.
$8.50 Panama Hats now $5.00
$7.00 Panama Hats now $4.00
$6.00 Panama Hats now 53.50
55.00 Straw Hats now $2.75
All Boys' Wash
Hats at
HALF PEICE
$4.00 Straw Hats now $2.25
$3.50 Straw Hats now $2.00
$5.00 Straw Hats now $1.65
$2.00 Slraw Hat* now $1.00
AH Boys' Straw
Hats at
HALF PRICE
rains did not go into tlielr fields Imme-
diately after the soil was dry enough to
allow the plow to lie used for the .purpose
of «tirrinc the surface soil to prevent ihe
loss of the moisture by evaporation, with
which they were so timely blessed. Were
they to plow their cotton and inilo maixe
with any Instrument that would treak ihe
crust and form a mulch the moisture
would ro through ihe plants and give
them cxtellent returns instead of suing
hack into the air without benefit to
thelf crops.
| COMPRESS COMPANY FILES SI IT
| FOR ALLEGED FALSE REPORTS.
I Charges That Certain Individuals Cir-
culated Damaging Rumors About
Shortage in Weight ol Cotton.
Other Court Matters.
Where Stomach Sufferers Make
Serious Mistake Is in Oieting
NOT NECESSARY TO STOP EATING TO 5E CURED
It in absolutely unnecessary for people
suffering with stomach troubles of various
fwuis lo stop eating the things tftpy enjoy
and take up a light diet which will scarce-
ly nourish the hoc# Nature demand*
nourishment and it is not going to cure
the stomach trouble to deny oneself proper
food There are hundreds of bad eases of
stomach trouble in the eity which have
been cured by Hip use of Fowler'" Indiges-
tion and .Stoiua< li Wafers and dieting has
not been necessary at all.
For people who have not tried this splen-
did stomach cure. It is only necessary lo
say that It l» one <>f the greatest remedies
ever discovered and for all stomach trou-
bles ii has 110 equal. Fowler's indigestion
;ind stomach Wafers arc iu small wafer
ferin recommends them to every person
< lew eel up aud swu.l lowed. They imme-j
dlately sslmilate with t!.e Jukes of th<*
stomach and there Is instant relief. Their:
orni recommends them to every person
who detents ordinary niedkircq and they
have no ;id taste. l',vt * box of these
wa!'»»rs is S"M under .111 iron-hound guar*}
mi that If you are nut satisfied after,
11 minu e hot you" druggist will refund
ihe full pu • Iiase prYe without question.
They will cuve iadi-catlon. Dyspepsia. Gn*.
Sourness Hear! burn. Stomach Catarrh.
Cramp* and tin In fr< m overeating. I"ow
ler's Indigestion and Stomach Wafers ar«i
on sale by all fir-:-•'ass druggists. TrlS'i
size will be «eut to anyone on receipt of
in cents in stamps b\ add res slag Harry LJ
I «>wler, San Aptonlo, Texas.
Codling Molh Caterpillar, Shinoed in
From Arizona and New Mexico,
Damages Crops.
The Express Aaitin Bureau.
AI'STIN, Tex., Aug. 20.- R. K. Scholl,
entomologist of the Department of Agri-
culture, has returned from Hale and
Stonewall Counties, where he made an
investigation of insects injuring fruit
trees. He reports that from 7f» to &> per
cent of tne apples in Hale County are
damag * 1 by t'>" codling moth caterpillar,
a small worm that feeds on the core of
the fruit, and causes it to fall prema-
turely. These insects have been shipped
in from Arizona and New Mexico on ap-
ples arid have increased to such an ex-
tent in the past two years that the fruit
industry, apples and pears, is greatly
impaired.
In order that the growers may bring
the apple groves back to their good con-
dition of several years ago It will be ab-
solutely necessary lor them to organize
>'o thai the codling moth ca nbe stamped
out by the persistent efforts of every
grower no matter how small." the en-
tomologist said "This particular apple
insect can be controlled by prompt and
thorough spraying of the tree?, hut the
work must be carried on thoroughly and
with such forte and to such an extent
that it will b«» somewhat expensive the
first year. This, however, is the only
sals ation for the apple Industry in that
part of the State.
"It is surprising how well apples grow
on the plains. It was found that 5-year-
old trees gave heavy rcops, and from
observation it was found that the Mis-
souri plpin, Limbertwifc and Winesap
give the best results commercially.
"It is the intention of the. Department
of Agriculture to issue circulars of in-
sructlons to be distributed among the
apple growers early in t!;« spring so that
the growers and all Interested may know
just when to spray and what to use.
"While In that part or the State I ad-
vised the people to destroy all the wormy
apples, and as many of the escaped larva
ns possible b\ banding the trees and
using such other traps In which the
larva spin their webs prior to going into
the hibernating 01 pupa stage.
"I am very much pleased to notice that
ti" grape Industry is a paying proposi-
tion In the plains country. The following
varieties were found ripe on the vines
and selling at good prices: Carman and
Beacon, both good table grapes. The
Norton, a splendid wine and Jelly grape,
ami among the white the Wapanukn. a
vcrv Igiily flavored grape, and the Green
Mountain, soin-what -incller. but good
"While at riain\lew 1 had tht oppor-
tune V to visit some of the large alfalfa
fields Iu that vicinity. This crop," he
savs. Is certainly a paying proposition.
As many as three cuttings <.f ha;', at the
rate of from one to nop arid one-half tons
per aero, besides one cutting of seed,
at the rate of from t'iree to five bushels
per acre, arc secured in a season. The
alfnifa seed is sold by tiie growers at
from 1") to IT cuitS per p oind, thus net-
ting returns of from to 510 per bushel.
Most, of the alfalfa fields give the above
returns without irrigation. NVvertl-.Hers
a number of growers have good wells Hnd
are abb- to eve waVr during extensive
drouth."
Mr. Scholl ilso i: ;tfd StoiiewalJ <V»ur>
tv. where '• found fruit tree? were very
much weakened by .icy weat--» r and nog
Tills br uight about different 1 "Inns
of borers which will entirely kill fruit
trees unless the growers take Immediate
mop ; to ore vent !t Instructions v. ere
given b\ which 'he growers may bring
hack such trees as are rot injured too
great!.'
Tin? condition of farm crops i* excellent
n Male, Lubbock. Nolan Taylor, Jones
and Haskell Countier;, luit tin* farm rs ot
Scurry. Car/a arid Stonewall c.-n-ntles
ar« vet", much discouraged for the siin
pie reason that those sections have not
been visit»d by rains for some ;imc. (me
thing that discouraged the entomologist
v»*ry much Was Hip fait that most ot
the farmers of the counties visited by
Suit was filed I11 the Seventy-third Dis-
trict Court yesterday afternoon by the
Victoria Compress Company of Victoria
County against King, Collie & Co. and
also against \V. Lawson and others, all
of Tarrant, Harris and other counties, as
defendants. The Victoria Compress
Company asks for damages of $40,000 ex-
emplary damages an<f $10,000 actual dam-
ages in each case.
The compress company states that it
i was libeled by the aforesaid defendants,
j who, they allege, printed and caused to
! be printed certain false statements, thus
I tasting suspicion on the company.
j The statement which the company al-
I leges was printed h.v the defendants said
' ttiat after an investigation the defendants
! found that cotton sent to the company to
j be baled, upon receipt was from three to
] four pounds tighter in weight. Therefore
: ihe compress company asks for th* be-
forementioned damages. Tin-- case has
| not yet been set by Judge Birkhead.
Court of Civil Appeals.
1 NY, S. Fl.v, A. V MourHiind, justices)
M1W St IT I' ll.KD.
Vt c. Latt vs. West Texas Hunk and Trust
C'lnpHii.v.
Sev;nty-third District Court,
tClaude V. Itirklicad, judg",)
NEW SUITS KILKP.
Vletnrln CuinpreHA Company vs W. e. ].nw-
son c' fi, damages.
\ ict(irl» roinpreaa Compony vs King <'ollle
A e... dr.magps.
Forty-fifth District Court,
i\V, l<. Camp, judge, 1
NKW SI'IT FILED.
Clai'df S,»rii jrnII .1 Wittlf, debt; traits
ferret I fr«un Justice t'ouri.
Thirty-serfidh District Court.
(Edward Dwyer, Judge.)
NEW Ml'ITS FILER
flertrude Jefferson vs John Jeffersou, dl
Vor< e.
tjeorglo Hltehens \h Ben Hitchons, dlrorce.
County Civil Court.
(<teoig«> \\ Iluntrpps, Judge. 1
NKW HI*ITS FILED
Mary * Hflkly vs H. it. (Jeyers, gusrdiau.
HllH <•!! !lU"U|!lt.
h. A. ('rlsp! vs Exposition Park and Amuse
nit'111 eonipnii; and 1 reainery I'ul'v I'linpany,
null for e*pi stratlon »od damages.
Southern 'Icxh* Truck Growers Assfx-mllnn
vh HI. i.on'n. Brownsville A. Mntkn Ttsllroad
Company Trinity A Hrnzos N'stley Its! tread
Company, suit, for damn gen.
County Criminal Court.,
I Phil It Shook, Judge.!
NEW St l TS FILED.
Stat»> vs Krnosie Vals. theft under *.*)0.
Ktatc Fred (ole. theft nnd*r KW).
Stain vh Frod ('«»le. unlawfully carrying h
pistol,
I'KOBATK.
.toHephin» White, deceased. Luln White, ap
pointed lodepcnderii executor.
The!inn and (illicit ThzpI, minors. ('Iiarles
Ter.el. appointed guardian
Coram unity r s 1»t»» «»f Jacob L. Walter, ce
censrd. i>Theresa Walter, survivor, Theresa
Walter, survivor.
Justice Fisk'i Court.
NKW SUIT FILED.
Slalo \h Ilu^li Murray, burglary and fhoft,
an.I ih^fi over $.V». waived exiiaiuiatlon, bond
fixed at *.".00 In each case.
Marriage Licenses.
MflivoH V Hnrris and Mr*. Cecllio McCune.
I^ouls I'. Lublierlng and Alice M, Marx.
Juan I'. Nf 11 r111.• > and Amelia Unas
A«h Roger* s .w.'tl and Mamk F. Suiting.
Am'rew L. (otlhiger and Katberyn Lamm.
Burial Permits.
Mrs. Maud II. Jameson, age pi vcars, ,115
Ui-jtclouiridgi' Avenue; nervous prnMratfon.
Ilonitdo Ruhlo, ,igo .'J .resrs, SOO South Comal
Sl"ccl; biirnx.
Theodore IP'riwindc/., age yoern, South west
erh Insane Asylirn. p^llagrj.
Mr*. Ilaniina do Esplno^a '»g«' 21 years,
420 West Nuevn Stnel; luberculosis.
Automobile Licenses.
I'ftLi E. f Kowpper. ^tt River Arenue.
'Jul I National (»r"* ' 'tv C'« nipe.n.r. Monterey
and Salnd" Streets.
4.* L. r:. (iardner, 20.' Martin Street.
1'C!(' s. Il Waller. .'IT Warren Street.
'JIM7 It. I' Blair, motor < ri lr. Fnued States
Exp-i'finer.i Firm. C'»rpua Chrlstl rami.
1 r,4^ s. 'it, linsilng^. mclor «• l ulled |
Stifle* Experiment Farm, C'>n»u* t'hrlsii road.
Miior Cycle Lioencci.
P. 1 Durham, Young Men's Christian
Assixiatlon.
RETURNS *3,300; REWARD $1
Honc'l Street Car ('ondiivtor Wouldn't
Accept a Woman's Gift.
\V A. Page, conductor on the Troost
Avenue elctrlc line, found a woman'a
poeketbook containing $i5,.*»00 on hl>» car.
The on-ncr Inquired nt tne company's
lost article department and was told that
her money was a' the car barns at For-
ty-eighth and Harrison Street*. She
«ailed at the bane- and left $1 and her
ti unk» a* a reward for the conductor.
Shf refused to Bive her name. The ion-
ilncto" duJ not ii. Kan .3 City
St#
;
PROGRAMME OF ONE BATTLK-
SHIP GOES ON I P TO PRESI-
DENT TAFT.
WASHINGTON, I), c. Aug, 20.—By n
votc^of L'd to 50 the House today adopted
the conference report on the naval ap-
propriation bill. The measure, which will
now go to the President, provides for
only one battleship arid a number of
submarines, colliers and auxiliary ves-
sel?. Thirteen member opposed to the
battleship programme voted "present."
The bill as It goes to the President
carries $123i220,"07, an increase of ap-
proximately $t,(j00,000 over the measure
as It passed the House.
Secretary Meyer today philosophic ally
accepted the one battleship programme of
Congress and has ahead;, named the pro-
jected new marine monster the Penn-
sylvania. The armored cruiser of that
name thereby will be re-christened ' Har-
risburg" or given the name of some
other city. The secretary said that not-
withstanding all the talk In Congre <
about a "terror of the seas, ' the new
vessel will be of normal development
and if she is larger than any battleship
afloat, it will bo no more than could be
said of even one of ihe big snips
launched and commissioned since he has
been Secretary of the Navy.
The new ship will be «i!K) feet long, of
about 31,000 tons, with twelve fourtecn-
ineli guns and exceptionally heavy armor.
Secretary Meyer tonight, commenting
on the action of Congress upon the bat-
tleship programme, said:
"Due to the fo -eo of public sentiment
on the, wattles ip question, as demon-
strated in tl • p en. irrespective of par-
ty, the Democrats at the last moment
receded from their no-battleship pro-
p.famme. Freedom of action was al-
lowed each member, if he wished to vote
for no battleship, but permission was
not granted to vote for more than one,
thus preventing members from voting
according to the dictates of their con-
science.
"The action taken th m ear will call
for an appropriation o" three battleships
at the next session of Congtess if the
efficiency of the fleet and the present
policy of two battleship; a year, accepted
throughout the country, is maintained."
ENSILAGE MADE A COW DRINK j
Fermented Cornstalks Produce Raw 1
Bourbon Whiskey in Forage.
WASHINGTON A cow with a jag Is
the latest discovery by the Department
of Agriculture
A Virginia husbandmay, alarmed by
the indecorous performances of an ordi-
narily perfects respectable animal, af-
ter munching a ration of ensilage, ap-
pealed to tin sharps I11 the department.
Investigation revealed that "bossy"
had feasted on fermented cornstalKs and
Imd simply gotten drunk on raw bour-
bon whiskey that wa; all.--Chicago In-
ter Ocean.
Tavlor Railroad Notes.
8per.nl Te rgrani 1 > Vbe Kxpretw.
TAYLOR. T» x . Aug 20 Chief En-
gineer O. It crltten.Ien of the Interna-
tional & Great Northern Railway is here
from Palestine with a force of laborers
superintending the tearing away and re-
moval of the company's old frame ware-
house building, corner First and Main
Streets, and making arrangement?; for
the construction of the company's new
fnn.t'00 brick ware' ouse *pd freight depot
to he erected on the Ite of the old build-
int.
Hom*r Perryman he resigned av clerk
for the Wells-Fargo Kxpress Company 111
Taylor to accept a position in th- -simps
of the International £ Great Northern
Hallway here. He is succeeded 111 tho
t*press office by Ralph Arnold.
Milton Johnson has resigned as driver
for the Wells-Fargo Kxprc'S4* Company to
fl«efpt tie position as caller for :h In-
ternational A: Great Northern Railway
Company. Johnson 1   eded at (hi
(> press, office by Howard Dodd.
 
Nanhvillf 2 Jtffw Orleaie' 0,
MAN ORI LANS. \>v 'JO W>st> grmt
pltet.itiK ennbled NhpIivITN- t.» wnrc h *l,nt cut
over lie* tor*N le«l«v In O in a fn«t ni:fl
w 'dl-pln• ' «t Kimi'. ri l"Pp p t-'lied b'n Heeonrl
B ihm fur New Ui i:ii' i.'l -ii iv c.l flpHMl form.
S>«»r«
R. II. L.
Ntihhvillf I no too linn -j s i
«Mlenne uOO n I 1
l'nticr»»; \V I'Hi avl KlUutt; t'ullepp, hjgtrll
«ud Ang1, inter.
( APTAIN Al (ilSTINE MclNTYRB
(rETS DETAIL AT FORT SILL
OFFICERS GOINt; ABROAD.
("apt. Augustine Mclrityre, now com-
manding Battery B, Third Field Artil-
lery, stationed for the time being at
Fort Bliss, has been named an instruc-
tor nt the School of Fire for Field Ar-
tillery. Fort Sill, Okla He will report
there by September 1.
Captain Melntyre recently joined his
battery on the border, having been at
Fort Sill when the order came for that
organization to move from here to Fort
Bliss. He Is one of the widely known
artillery officers in the army and a polo
enthusiast.
General Wood Going Abroad.
WASHINGTON, l>. ('.. Aug. L'O.-Maj.
Gen. Leonard Wood, chief of staff of the
army, will accept the invitation of tli«
German government to attend the ma-
neuvers this fall. He will Ichv^ Wash*
iiitfton not later than August 29.
To Buy American Cannon.
VALPARAISO, Chile, Aug. 2«>.—'The
Chilean government has decided to con-
vert the seaports of Valparaiso and Tal*
cahuano Into Impregnable lortresses and
has accepted the tender of an American
gun factory for the supply of the neces-
sary cannon.
Interest in Revival.
Congre^'iitlons are nightly growing larg-
er at the Cavalry Ilaptist Church revival*
which i<< being conducted by Dr. II. c.
Hard. I "f Dallas-. Since the beginning «>f
ilie' meetings there have been four addi-
tions to tlie church by baplisin. The
mcetip-r will continue through the week.
SIATFS'Tj^i
If it were necessary
to pay more tor
G & J Tires
than tor other kinds
—-^here might be a reason
wlir Home motorists would
j j rept ( tner Had* In ir T '
hiye t rst cost. Rut it >• »a
entirely different propositi m
when « motorist can get 're
ji kind of service GAIT res
are known to alve at the priee
£ of other brands.
Mr. W. K. (lark of Water-
loo, [own, ban gone through
the mill In tire eipsrlence,
snd has discovered <ns a good
wsny motorists are dtsrover-
iiiK'i that tlre^ are not t!l
alike. ITe ssys:
"I wish to say unsolicited
thiit (i A J Tires hflT® been
the most satisfactory tiren we
bars evtr used in the ps«r.
seasons |t Is hard to expr*'*-*
one* feelings toward n tirs
that b««* irivep the satisfac-
tion G A J Tire* have citen
up to the present time."
Von rnn have the n-ime kino
of sc.rice by using the same
kind of tires, aud witnout
extra cost.
Specify the old reliable
(i & J Tires
H JOHNfcFN,
1/PI fnmm«rcf Street,
DaIIr*. Tej.ni.
/