San Antonio Express. (San Antonio, Tex.), Vol. 51, No. 83, Ed. 1 Thursday, March 23, 1916 Page: 12 of 16
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12
ANTONIO KXPRESS; THURSDAY MORNING, MARCH 23, 1916.
IS NO! ESSENTIAL
LAW CALLING FOR PRESIDENTIAL
PREFERENCE SELECTION IS
UNCONSTITUTIONAL
the Express Austin Rurvau.
AUSTIN, Tex., March 22. The Presiden-
tial preferential primary of tbe Tlilrty-
thlrd Legislature was held to be uncon-
stitutional today In an unanimous opin-
ion by the Supreme Court of Texas. The
opinion was written by Chief Justice Nel-
son Phillip.
On the question of constitutionality of
the act was considered. The finding of
the court was tersely set out in the con-
cluding paragraph of the twelve-page opin-
ion as follows:
"Tested by legal principles which art
clear and established, the payment of ex
pauses of primary elections of political
parting Is not a public purpose for which
public revenues may be used; aud in our
opinion the act in question is therefore
unconstitutional and unenforceable."
It is held that it is a fundamentally
aound proposition that no power of tbe
Government can be constitutionally used
la furtherance or aid of the effort of any
claas or kind of organization, political
or otherwise, to obtain the control of the
Govern moot Tbe act in question provided
that the expenses of the primary shall be
paid by the State. The cost of such a
primary election would * not be less than
<900,000 and probably would exceed that
amount.
In view of today's decision by the Su-
preme Court, the old convention system
of selecting delegates to tbe National Dem-
ocratic convention will stand.
The ease testing out tbe constitutionality
of the Presidential primary act was a man
dam us proceeding by E. K. Murrast of
Galveston, to require the State Democratic
Executive Commitee to bold the primary
elaction as contemplated by the act, the
committee harlng refused to order such
primary.
In the trial oourt the writ of mandamus
was awarded, tbe court holding the act
▼alid against the attack made upon it.
An appeal was prosecuted to the First
Court of Civil Appeals, which certified to
the Supreme Court the questions whethei
or not the act Is In conflict with the Texas
Constitution or the Constitution of the
United States, and if not void, has the
State Democratic Executive Committee au-
thority to disregard its requirements In-
sofar as they are Impracticable and to
•apply such regulations as they may deem
of the Supreme Court sus-
ehapter 46, General Laws of 1913. The terms i "Is ... . ...
of tbe act reunite the holdtn* of nrorlnrt nri- providing public revenues for public purposes.
proper and necessary.
The holding of the Supi
tains the ruling given by the Attorney
General's Department, written by Assist-
ant Attorney General W. P. Dumas to the
State Democratic Executive Committee to
the effect that the Presidential primary
law was not enforceable.
Chief Justice Phillips' opinion follows:
CERTIFIED QUESTIONS
The case Involves the constitutionality of
What Is fsmlliarly known as the Presidential
primary set of tbe Thirty-third Legislature,
"**, General Laws of 1013. The terrai
require the holding of precinct pri
elections in the counties of the State ou
the fourth Tuesday In May in presidential
election years by the respective political par
pes of tbe State polling as many ae SO,000 votes
for their respective candidates for Governor
at the last preceding general election—obedi-
ence to It being optional with parties so poll-
lflf a less number of votes—for the expression
by their qualified electors of their preference
sf candidates for the party nomination to the
afflee of President and Vice President of the
united Sates and presidential electors, and
likewise their choice of party candidates for
tbe places of delegates to the National con-
vention of such parties. 1
The expense of such primary election of s
party Whose candidate foriGovsrnor at the last
preceding general election received as many as
10,000 votes, It la provided by the act. shall
be paid out of the county treasury of each
©owntry, no provision being made for the ex-
pense of the primary election of other par-
ties, If held under the act.
It is farther provided that the votes cast
at the election shall be connted, canvassed and
returned as required by the general primary
taw of the State in relation to party nomina-
tions for the offices of Governor and Lieu-
tenant Governor.
ACT IS DEFICIENT
In respect to the number of presidential
electors to be nominated In the primary elec-
tion, rhe set Is deficient. It provides only for
the nomination of one elector from each con-
rsslonal district, whereas the State ,1s required
elect at the general election a number equal
to Its whole number of Senators and Repre-
sentatives In Congress.
Under the agreed facts of the case the opera-
tion of tbe act at the present time is to re-
quire only the Democratic party to hold the
primary election provide* for, since it is, at
present, tbe only party in the State whose
candidate for Governor at the last general
election reedved as many aa 30,000 votes. It
Is furthermore agreed that the cost of such a
primary election aa the act requires, will be
Sot less than $800,000, and will probably ex
oted that amount.
Tbe requirement of tbe general primary law
in respect to the time for the oanvaaslng
by the State Executive Committee of the votes
east for candidates for party nominations for
' Governor and Lieutenant Governor, is that it
■ shall be at a meeting held on the second Tues-
' day in August of the election year. The Pern-
I ocratic National Convention, it appears from
I the statement of the agreed farts, has been
v appointed to meet on June 14, l&lfl. If tho
I primary election should be held and the art
I literally observed, the votes cast for delegates
I could lot be canvassed in time for that con-
, vention.
The suit was a mandamus proceeding by E.
K. Marrast to require the appellants, who com
pos-» th»» Democratic fc-tate Executive Committee,
to hold the primary election contemplated by
the act. In the trial court the writ of man-
damus was awarded, the learned trial Judge
In an able written opinion holding the act
valid against the attack made upon It by the
respondents. An appeal was prosecuted to the
honorable Court of Civil Appeals, which has
certified to the following questions:
questions Involved
1. Is the act, approved March 27, 1913.
article 3176a, Vernon Sayles' Texas Civil
Statutes, void upon the ground that it is in
conflict with one or more of the provisions of
tho Constitution of this State or of the Union
as is claimed by appellants
2. If not >oid, has the State Democratic
' Executive Committee authority to disregard its
I requirements Insofar as they are Impracticable
and to supply such regulation as they may deem
proper and necessary
We shall consider only the question of the
constitutionality of the act. That It is imprac
ticable, unworkable if literally observed, and
is deficient becauso of the omission to provide
for the nomination of the legal uumber of pres-
idential electors, are not matters which, if true,
affect the power of the Legislature to enact
the law.
The authority of the Legislature to require
the holding of a primary electiou by the politi-
cal parties of the State for the purpose of en-
abling their members to vote their choice for
party nominees for electivo offices, whether
State or National, and likewise express their
preference in the selection of party delegates
to party convention, is undoubted. The legis-
lative light in such an enactment to make, ac-
cording to their numerical strength, a reason
able classification In respect to the political
parties subject: to the law, is equally clear.
The act is not invalid under the classification
adopted because It applies at the present time
to only the Democratic party. It is not to be
regarded as having been enacted for only the
present day. It was within the province of
tbe legislature to determine whether the numer-
ically weaker parties should be relieved from its
compulsory observance; and If ao, to provide
a classification according to the voting strength
of the parties. The selection of a voting
strength of 50,000 votes as the test does not
create an unreasonable classification, and the
act is not, upon this account, to be overturned.
PUBLIC NOT BENEFITED
Tbe only serious constitutional question in-
volved by the act is Its requirement that the
expense of the primary election shall be borne
out of the public treasury of the counties.
This presents, nakedly, the question whether
it Is within the power of the Legislature to
devote the public revenues of the State to
tbe payment of the primary election expenses of
political parties. The general primary law
relating to tbe nomination of party candidates
for State, district and county offices imposes
such expense upon the candidates (article 8104).
In the legislative history of the State this is
the first effort, so far as we are aware, to
make the expense of a party election a charge
upon* the public revenue.
Section 8, article 8, of the Constitution, de-
clares :
"Taxes shall be levied and collection by gen-
eral laws and for public purposes only."
By section 62, article 8, it is provided:
"The Legislature shall have no power to
authorize any county, city, town or other politi
cal corporation of the State to lend its credit
or to grant public money in aid of or to any
individual, association or corporation whatso-
ever," etc.
The funds possessed by the counties of the
State and available for the payment of the
expense of the primary election provided for
by this act, are only those which are de-
rived by taxation. If the payment of such ex-
pense is, within the meaning of the Constitu-
tion, "a public purpose," the act is valid in
its provision that It shall be borne out of
the public treasury of the counties, otherwise
it Is not.
Taxes are burdens Imposed for the support
of the Government. They are laid as a means
of providing public revenues for public purposes
The sovereign power of the State may be exer
cised in their levy and collection only upou
the condition that they shall be devoted to
such purposes, and no lawful tax can be laid
for a different purpose. Whenever they are
Imposed for private purposes, as was said in
Broadhead vs. Milwaukee, 10 Wis., 070, it
ceases to be taxation and becomes plunder.
NOT A "PUBLIC PURPOSE."
It is not easy to state in exact terms what Is
"a public purpose" in the sense In which that
term is employed as a limitation upon the
State's power of taxation. The frainers of the
Constitution were doubtless sensible of this
difficulty, for they did not attempt to define
It. Many objects may be public In the general
sense that their attainment will confer a pub-
lic benefit or promote the public convenience,
but not be public In tbe sense that the taxing
power of* the State may be used to accom-
plish them. The powers of the State as a sov-
ereignty exist only for governmental purposes.
They may be freely exerted In the discharge of
all the governmental functions of the State,
but cannot be applied to uses, though public,
in aim and result, which are not governmental
In tlrelr nature. As the means provided for the
support of the government in Its administrative
duties and existing aloue for that end, the
taxing power may De employed for no purpose
save that which In a true and Just sense is re-
lated to the performance by the State of Its
governmental office. The appropriation of the
public revenue is a legislative power, and the
Legislature must necessarily be allowed a large
discretion in determining to what uses public
moneys may be put. Subject to the constitutional
limitation that the public reveuue shall be ap
U. S. Department of Agriculture
WEATHER BUREAU
s
oflW
a^vCM
ftNToTTTO. TEXAS
&.WUEST
NAGEL
BEXAR HOTEL and Comfort
LUR0PEA i =====
Weekly and Mont*iYy Kate? alfrhd saisner, Propriety
TTOTBl
»t» p. m... «o-»i
rtllsn flnw. Air prewar# reduoed 10 sea ibt«l
Uircru*!! points
pressure. Isotherms 'dottied 11niwi
pass through t*vtanofequ*J llna*>
O ^ o nartfy cloudy;
® rtia: (§) snow: @
Art|wi fly with foe wind.
cfoorty
>rort mlaslof
Note—Shaded areas Indicate .01 Inches
or more of rainfall.
NEW ORLEANS, March 22.—Forecast:
East Texas: Thursday, fair, cooler in
tbe interior; Friday, fair, rising tempera-
ture In northwestern portion.
West Texas: Thursday, fair, cooler in
southeastern portion; Friday, fair, rising
temperature.
SAN ANTONIO,
MARCH 23.
Slled to only public purposes, to the prudent
usbandry of the Legislature as well as its
Srovldent foresight has been committed the pub-
c trust of making such use of it as will afford
the economical administration of tlfc govern
ment which both the spirit and the letter of
the Constitution enjoin. The term "public pur
pose" as used In this relation li not, there-
fore, to be construed narrowly, so as to deny
authority to the Legislature to make such proi
vision for tho administration and support of
the Government in Its several branches and
subdivisions as will faithfully Bubserve the
Eresent and future interests of the people. The
mltatlon Imposed by the Constitution upon the
RiverAvenueLots
We offer for sale lots on River Avenue and
extending back to Brackenridge Park over a
frontage of 0,250 feet. Drive out River Ave-
nue and inspect the east side of this property,
then enter the park and inspect the west side.
Note the environment, the beautiful trees
and all the features which make a good place
to live.
Two lots for the price of one should be an
incentive for your consideration of an imme-
diate purchase.
- It's the garden spot of the city and prop-
erly restricted.
See your real estate broker or call Crock-
ett 088.
San Antonio Water Supply Co.
power Is, however, imperative. And It Is es-
sentially true that it does not permit taxa-
tion for all purposes which in a broad and
general sense may be regarded as public, but
expressly confines Its exercise to oqly those
public purposes with which the State as a gov-
ernment, invested with high and sovereign pow-
ers, but only as a grant from the people, and
therefore to be solely used for the common
benefit of all of them, and not as a paternal
Institution, may Justly concern Itself, and to
which, for that reason, the public revenues
may be rightfully devoted.
As to 0what is a public purpose within the
meaning of section 8, article 8, of the Consti-
tution, no better test can be presented than
the Inquiry: Is the thing to be furthered by
tbe appropriation of the public revenue some-
thing which it Is the duty of the State, as a
government, to provide? Loan Association vs.
Topeka, 20 Wall., 665; the People vs. the Town
of Salem, 20 Mich., 452. Those things which
It Is the duty of the State to provide foe
the people, It is equally the rignt of the State,
by means of the public revenue, to maintain.
Within this category fall the general lustru
mentalities of the government, the public schools
and other institutions of like nature. But the
State Is wholly without any power to levy
and appropriate taxes for the support of those
things which, either by common usage or be-
causo they are In no proper sense the Instru-
ments of government, it Is the duty of the
people to provide for themselves. It is not
all things which answer a public need or fill
a public want that it is within the authority of
the State to furnish for tne people's use or
support at the public expense. Manufacurlng
Industries, railroads, public enterprises of many
kinds, private schools and private charitable
institutions, all afford a service to the public,
but the State is without any power to maintain
them. Bellgion Is generally esteemed a helpful
influence for public morality. But the Consti-
tution expressly declares that no pwDllc money
shall be granted in aid of any religious organi-
sation.
GENERAL ELECTION ESSENTIAL.
General elections are essential to the public
welfare and are distinctly related to the dis-
charge of an Important governmental duty, be-
cause It is only by their means that the or-
ganic law may be amended and in the elective
offices public officials be supplied for the va-
rious administrative agencies of the State. But
Is it any duty of the State to provide the peo-
ple with nominees of political partins for the
elective offices of the government? Is It In
any Just sense a concern of the State, that
those offices be filled by only the nominees
of political parties? And is there any right
In the State to devote the public revenues of
the State derived by taxatlou from tbe people
at large in aid of tbe purposes or such par-
ties?
A political party Is nothing more or less
than a bodv of men associate* Tor the pur-
pose of furnishing and maintaining the preva-
lence of certain political principles or beliefs
In tbe public polltlces of the government. As
rivals for* popular favor they strive at tbe
general electlous for the control of the agencies
of the government as the means of providing
a course for the government in accord with
their political principle and the administration
of those agencies by their owu adherents.
According to the soundness or their principles
and the wisdom of their policies they serve a
groat purpose in the life of a government. But
the fact remains that the objects )f 'political
organizations are lntlrate to those who compose
them. They do not concern the general public.
They directly interest, both In their conduct
and in their success, only so mnch of tbe
public as are comprised iu their membership,
and then only as members or tne particular
organization. They perform no governmental
function. They constitute no governmental
agency.
The purpose of their primary elections la
merely to euable them to furnish ihelr nomi-
nees as candidates for the popular suffrage.
In the Interest of fair methods, and a fair
expression by their members of their preference
In the selection of their nominees, the State
may regulate such elections by proper laws, as
it has done in our general primary law, and
as It was competent for the Legislature to do
by a proper act of the character ■)[ the one
here under review. But the payment of the ex-
penses of purely party elections Is a different
matter. On principle, such expenses (snnot be
differentlsted from sny other character of ex-
pense Incurred In carrying out a party object,
since the attainment of a party purpose—the
election of Its nominees at the general elec-
tions through tbe unified vote of the party
methberehip, Is necessarily the prime object of
a party primary.
CANNOT USE STATE FUNDS.
The. great powers of the State—and the taxing
power is one to be always the most carefully
guarded—can not be used, In oar opinion. In
aid of any political party or to promote the
purposes of all political parties. They are
no more to be made the objects of governmental
bounty or favor than any other class of public
Bugs, Rats
COCKKOACHK8, ETC., CLKANED
OCT TO YOLK ENTIRE 8ATIhf~AC-
FACTION BY
W. D. HUSSUNG
MANUFACTURER OF
COCKROACH POWDER
BED B( G POWDER
RAT EMBALMER
ROACH AND RAT PASTE
M4 0IT1. BI.DU. CROCKETT IU
GETZ
organizations Into which groups of citizens may
form themselves. Expenses Incurred in the
furtherance of their objects can no more be
defrayed out of the public treasury than the
expenses of other associations of individuals.
If It is constitutional to use tbe public
revenues to pay the cost of their primary elec-
tions, it would likewise be constitutional to
pay tbe cost of their candidates' campaigns.
If the constitutional barrier Is removed In the
one case, It can not be restored in the other;
but It will have to be admitted that any and
all kinds of expense of political parties may
be lawfully Imposed as a part of the public
burden of taxation.
For a stronger constitutional reason than
would apply to other kinds of public organiza-
tions it is the clear duty of the State to with-
hold the use of its public revenues as an aid
to political parties, and particular as in aid
in the holding of their party elections. The
object of such parties li the political control of
the government; aud we regard It as a funda-
mentally sound proposition that no power of the
Government can be constitutionally used in fur-
therance or aid of the effort of any class or
kind of organization, political or otherwise, to
obtain the control of the Government.
NOT BUSINESS OF THE STATE.
To provide nominees of political parties for
the people to vote upon in the general elections,
Is not the business of the State. It is not
the business of the State because in the con-
duct of the Government the State knows no
parties and can know none.
if it is not tbe business of tbe Stats to see
that such nominations are made, as it clearly
Is not, tbe public revenues can not be employed
In that connection. To furnish their nominees
as claimants for the popular favor In the gen-
eral elections is a matter which concerns alone
those parties that desire to make such nomi-
nations.
It is alone their concern because they alone
are Interested in the success of their nominees.
The State, as a Government, can not afford
to concern itself in the success of the nominees
of any political party, or in the elective offices
of the people being filled only by those who
are the nominees or some political party. Po-
litical parties are political lnatrumentalltles.
They are in no sense governmental Instrumen-
talities. The responsible duties of the State
to all tbe people are to be performed and its
high objects effected without reference to
parties, and they have no part or place in
the exercise by the State of its great province
In governing the people.
We have pointed to but one authority holding
that the public revenues may be used to pay
the cost of the primary elections of political
parties, State vs. Michel, 121 Louisiana, 874;
but In that case the question received only a
casual consideration, and we do not feel at
liberty to adopt the conclusion there announced.
CONSTITUTION IS SUPREME.
Holding an act of the Legislature to be un-
constitutional Is never a welcome duty, and
this court has never performed It except with
reluctance. It Is a duty, however, plain and
unmistakable when upon mature consideration
such is the conviction of the court. The Con-
stitution is tbe supreme law of the State, and
no consideration should be suffered to stand
in the way of its enforcement.
Tested by legal principles which are clear and
established, the payment of the expenses of
primary elections of political parties Is not
a public purpose for which public revenues may
be used; and in our opinion the act In question
is therefore unconstitutional and unenforceable.
NELSON PHILLIPS,
Chief Justice.
E
FAILS TO FOLLOW DECISION OF
HIGHER TRIBUNAL IN IN-
SURANCE CASE.
AUSTIN FAVORS FAIR
Real Estate Man at Banquet Tells of
San Antonio's Bi-Centennial.
The Express Austin Bureau.
AUSTIN Tex.. March 22.—Interest* of
Austintf^s in the Texns Bl-Centennial nnd
I'an-Ailierlean Exposition nt Snn Antonio
was enlivened at a luncheon given today by
the Austin Keal Estate exchange. Ad-
dresses In which the great benefit to be
derived by Austin from the exposition was
pointed out were made by Judge Charles
Hogau, chairman of the Austin committee
of the exposition, and City Commissioner
W. B. Anthony. Meeting with the real «»-
tate men were representatl
tall Merchants' Assoclatloj
Tho Express Austin Bureau.
AUSTIN, Tex., March 22.—The Third
Court of civil Appeals today affirmed the
case of the Itoyal Neighbors of America
vs. Mrs. Corn Heard et al, from Tom Greeu
County, thereby sustaining recovery ou a
life insurance policy of $1,000. In today's
decision the appellate court overruled the
Supreme Court In the cuse of Life Insur-
ance Company vs. Davidge, 51 Tex., 245*.
Payment of policy was resisted on the
ground that no consideration was shown.
The court says the petition does not ex-
pressly say the Insurance contract was in
writing, but it is described in such man-
ner as to show that it was. The court
Bays in Texas, by force of statutory law,
all written instruments Import a consider-
ation in the same manner and as fully as
sealed instruments imported under the
common law.
The opinion says in the Davtdge case tho
Supreme Court "refers for support to de-
cisions made prior to the enactment of
the statute declaring that all written in-
struments Import a consideration, and as
no reference is made in that case to that
statute, we believe it must have been
overlooked by the Supreme Court."
In conclusion the opinion, written bv
Chief Justice Key, says:
"We recognize and regret the fact that
our decision in this case is in conflict with
the opinion of tbe Supreme Court in the
Davldge case, but we are so thoroughly
convinced of the correctness of our own
decision that we decline to follow that
case, and especially so as the opinion of
the court indicates that the statute here-
inbefore referred to was overlooked when
that case was decided."
Special Creosote Rate Ordered.
The Express Austin Buresu.
Mar('h 22.—The Railroad
V l '"J1".? authorized the Interna-
tional & Oreat Northern and connections
to apply a rate of 13 cents per 100 pounds
on creosote from Galveston to Texarkaua.
*»» n.i me.Pt £ rat<' of 13 oent8 from
New Orleans to Texarkaua. The present
f. rate from Galveston to Texarkana
is 17Mi cents. A large amount of creosote
Is used in the wod and tie preservative
plants In and near Texarkana. H. C. Din-
kins, foreign freight agent of the Isterna-
,lreat Northern, was here today
and filed the petition for the rate.
IT'S MADE IN SAN ANTONIQ
Majestic Is to Stage a Cabaret of the
Nations After Performance Fri-
day Night.
It Ir to bp a "Cabaret of the Nations"
METEOROLOGICAL RECORD^
Local Weather Report.
Tbe following data are taken from the recede,
IiOcal Office, Weather Bureau, San Antondo,
Texas, Tuesday, March 22, 1910. 90th meridian
time, which is 84 minutes faster than loaal
sun time;
Time. Dry. Wet. Hum. Dir. Vel. Weather
7 a. m. 04 Oil 95 S 3 Clear
7 p. m. 81 50 17 NE 14 Cloudy
Temperature: Highest, 92; lowest, 04; aver*-
age. 78; normal temperuture, 04; for the day,
excess, 14; for the month, accumulated excess,
104; since January 1, accumulated excess, 4.40.
Precipitation, Inches and hundredths: Total J at the Majestic Theater tomorrow evening,
amount, twenty-four hours, 7 p. m. to 7 p. in., 1 ullf] a •\\ia<le-in San Antonio" affair at
0; normal precipitation, .00; for tbe day, de- J (jiat The Friday evening cabaret's have
flciency, .00; for the month, accumulated* de- *-*- *- A,-~
ficiency, 1.17; since January 1, accumulated de-
ficiency, 2.40; total amount of precipitation,
January 1 to 7 p. m. this date, 2i20.
Wind: Prevailing direction, southwest: av-
erage velocity, miles an hour, 8.3; highest ve
locity and direction, 25, N. E., time, 2:37 p. m.
Sun rises Thursday, 0:34 a. m.; sun sets
Thursday, 0:47 p. m.
ALLEN BUELL,
Local Forecaster, Weather Bureau.
General Weather Report,
Observation taken at 8 p. m., Wednesday,
March 22, 1910, 7Mb meridian time:
—Temp.—
High-
Lowest
Vel.
Rain
est
last
of
in last
t<day.
night.
wind.
24 hrs.
02
.00
Aniarillo, Tex
.. M
48
io
.00
Atlanta, Gu
.. 7»»
58
30
.00
Birmingham, Ala. ..
.. 80
02
12
.00
20
.38
Brownsville, Tex. .
.. m
70
12
.00
Calgary, Alb
.. f>2
28
.00
Charleston, S. C.
.. 7(1
50
io
.00
Chicago, 111
.. 32
32
12
.88
Corpus Christl, Tex.
.. 80
00
18
.00
Des Moines, Iowa .
.. 40
32
.18
Denver, Colo
.. M
30
.(X)
Dodge City, Kan. ..
.. 00
42
.00
Duranfeo, Colo
.. 58
30
.00
El Paso, Tex
Fort Worth, Tex. ..
.. 74
.02
.. 78
io
.00
(ialveston, Tex. ...
.. 74
08
10
.00
Green Bay, Wis. .,
.. M
12
.00
Hatteras, N. 0. ...
.. 04
48
38
.08
Helena, Mont
..
32
10
.00
Huron, S. I)
M
20
.00
lndimapolis, Inrt. .
,. M
44
.00
Jacksonville, Fla. ..
80
00
30
.00
K am loops, B. 0. ...
.. 48
84
.00
Kansas City, Mo. .
.. 48
44
.00
Knoxville, Tenn. ..
., 70
04
18
.00
Louisville, Ky
, 00
00
20
.02
Memphis, Tenn
.. 70
04
12
.00
Miami, Fla
JO
58
.00
Modena, Utah
. *8
30
is
.00
Montgomery, Ala, .
Moorhead, Minn.* ..
. 82
00
12
.00
.. M
10
.00
New Orleans, La. .
. 82
04
i2
.00
New York, N. Y.
. 34
32
30
.50
North Platte, Neb. .
. 58
70
40
.54
Oklahoma City, Okla
. 00
48
.00
Palestine, Tex
. 84
04
.oo
Phoenix, Ariz
. 70
02
io
.00
Pittsburgh. Pa. ...
Raleigh, N. C. .....
. 40
30
28
1.12
. 78
58
10
.Oh
Rapid City, S. D. .
. 02
20
10
.00
Koseburg, Ore
. 50
40
.40
Bos well, N. M
. 74
52
.00
St. Louis, Mo
. 52
52
io
.00
Salt Lake City, I'tah
. 00
40
18
.00
Santa Fe, N. M. ..
. 00
34
12
.00
San Antonio, Texas.
. 02
04
14
.00
San Diego, Cal. ...
. 00
50
.00
Sun Francisco, Cal.
. 58
50
io
.00
Seattle, Wash
. 48
40
10
.12
Sheridan, Wyo. ...
. 08
20
.00
Shreveport, La. ...
. 80
00
.00
Spokane, Wash. ...
. 40
38
ii
.40
Bwift Current, Sask
.. 3
20
.oo
Tampa, Fla.
. 70
<54
i-i
.00
Toledo, Ohio
80
.00
Vicksburg, Miss
! 84
04
i*j
.00
Washington, D. C. .
. 38
80
.84
Willistou. N. D. ..
. M
10
.00
Winnemucca, Nev. ..
. 00
80
i8
.00
Winnipeg, Man
. 16
*2
.00
•Indicatej temperature below zero.
Note: Wind velocities of less than ten
miles
attracted such wide attention through the
city that much of the home talent, bin
aud little, has appealed for weeks for the
opportunity to get into oue of these.
Ho .Manager Raymond is going to give
(Jie pick of the flock the opportunity to
Uivak into the limelight after the vaude-
\1lllans have strutted their hour or so ou
I he stage.
Btling a cabaret of all nations there will
btl kindly satires ou I'ncle Sum, the Kaiser,
JiUin Bull and some of the others who are
at war or else peacefully watching the
belOiiierents fight it out. Even-Darkest
Africa will have a place on the bill. Those
who have been called to the front are
still rehearsing, at least they were last
nig tit. The "entries" will not be an
nou need until tomorrow evening, when the
embryo performers are ready to go on.
1U>SALE CONTRACT INVALID
Court of Civil Appeals Refuses a Re-
Hearing for Medical Company.
The K-Kpress Austin Bureau.
AL'STIN, Tex., March 22.—The Third
Court of Civil Appeals today refused a re-
hearin %' iu the case of'W. T. Rawlelgb Med-
ical Company vs. It. P. Fitzpatrick et al,
from tScleman County, thereby affirming
its previous decision holding that no re
covery on account could be made under the
contract between the medical company and
the Texafi patron, a druggist. The contract
provided *.for re-sale prices of all drug sup-
plies sold by the Ilawleigh Company. The
court belli the contract to be in violation
of the Ti a as anti-trust law and said re-
covery on accounts thereunder could not
be had.
The Attorney General's Department holds
that the siaiuc contracts have been used by
the auto n vfi nufacturers and Texas dealers
and that t.b«i decision sustains the depart-
ment's action in attacking the autc con-
tracts as vi olative of the anti-trust statute.
an hour and amounts of precipitation of less
than .01 of an Inch are not published hereon.
ALLEN BCELL,
Local Forecaster.
—
Zizik Undertaking Company, elegant par-
lors for funerals. (Adv.)
Palestine Wants Burglars Captured.
Special Telegram to Tbe Express.
PALESTINE, Tex., March 22.—A reward
of !fn<) has bi»sn offered for the arrest of
(he party or parties who burglarized the
City Drug Store's safe. It is said $73 was
taken.
Excursions:
MEDINA LAKE
AND RETUR.N AA
ROUND TR1.P
FRIDAY 3:00 A. M.
Carter-Mullaiy Transfer Co.
Phonos 123
tate men were representative* of th« Re
tall Merchants' Association, the Rotary
Club and the Jobbtrs and Manufactudrars'
Asosciation.
Plans for a booater rally and banquet
of Austin buainess men for April 8 were
discussed. A large delegation of Ban Ao-
tonlans are expected to attend.
Aged Woman Diea at Austin.
The Ekpress Austin Bureau.
AUSTIN, Tex., March 22.—Mra. Sarah
Elizabeth Hill, 78 years old, mother of Dr.
J. M. F. GUI, aurgeon at tbe State Con
federate Home, died last night after at
illness of a few daya. Besides Dr. GUI,
other children surviving are Mra. C. E.
Cobb and Mrs. James Smith of Preacott,
Ark.; Kenan Gill of Arkadelphla, Ark.; J.
O. GUI of Tulsa, Okla.. and Percy Gill of
Deslson, Tex. The body was taken to Cam-
eron for Interment
RAILROAD TIME TABLE.
Arrive— I. 4 O. ¥.
No. 12—From Laredo fi 00 «m
No. 6--From Laredo * 7:20 om
No. 6—From St. Louis 7'00
No. 7—-From Hearne and Santa Fe
points 10'00 am
No. a—From St. Louis 7.00 nS
No. 1—Sunshine Special, from St.
Louis o.ft.
Depart- * 8.00 pm
No. 8—San Antonio Express, for
'Jfcjlor 7-2fism
Special, for 8L
No. 2—Sunsbius
No.
No.
Louis
4—For St. Louis
9:16 I
It*
No.
#i»r 01. ix)uis
For St. Louis and Santa Fe
pointe T'fls mm
5—For Laredo ** 7-25
11—For Laredo and Mexico coo-
sections 10 no
B. A. ft Ae *. 1°.00 pa
Arrive—
No. Id—From Houston, Waco and Cor-
pus Cbrlstl a aa«,„
No. 14—From Houston «nrt ru... P10
poiuts
No. 12—From Yoakum
points
"Ml Coast
and tio&st
0:00 am
Kwry fllai we develop receives IB-
dividual attention, giving you tho
best passible rose its.
Tan save manej by hnvtng leas
failure* nnd kndnknry becomes n
plane mra.
KOACH «t BARNES CO.
>11 Weet Cwusarc street.
IAMONDS RESET
FINK JKWEL8Y A MO
WATCH REPAIRING-—while
you wait. Caah (or Old Gold,
•liver, Dlnmonda.
Metropolitan Jewelry nnd Lonn Co.,
tt7 Eaet Houston Street.
D
Establlehed More Than Half n Century
D. 6 A. 0PPENHEIMER
(1'Binrorp.raM)
BANKERS
OINIKAL BANKING ON IAFB AMU
CONSERVATIVE FKINCIPLKS.
ACCOUNTS SOLICITED.
Merchants9 Transfer Co.
HAULING AND PLACING SAFES AND HEAVY MACHINERY A SPECIALTY
RECEIVING. FORWARDING. STORAGE. ETC.
Office MS-AM Del.r.— Stmt. Wanknm on Railroad Track*.
CHABLKS TOLLER. PreeMeat.
eic.pt
i .tiO pm
8BCTKR8 POKTT1C
Our Guarantee: Deponit your tnition In the bank, tike
nay na AFTKW we secure a good position for yon. la
that a fair propoattkM}? Cofce """ —" "* — - "
Street. Rlerator on CYne^ett.
loiw.
the Drauahon Tralnlag Aad
-i r
talk with us about it. Alnu,u IMaza aud Crockett
jWIUW | • an
No. 41—* rum Kerrvill. (dally) P®
No. 43—From Kerrrtii. (Sunday oniii m'jr f
No. 14V—From Kerrrllle tdiliy exertA
Sunday) " a..„
Depart- #.43 pm
No. 1V—b'ur Uou.ton, Wa.-o, Corohm
Chriatt !.. «.«
No. 18—For liuuatou aud Coa.t ijoiiiu'i,,:!? *m
No. II—For loakurn and Co.., ^
No. 42—For Kerrvill. (Buuday 011111 ' «:!i^ yul
No. 44- lor K.rrrlU. (daily) '' ,,n
No. 140—For Kerrviiie (Uaiiy
SuudajrJ
Arrive- to., H. ft g. A. (JUln 1i».) * w MUI
No. 101—ttuuset Limited, 'from
Orleans
No. 102—Sunset Limited, Vroiu '{fen' * * *;W*m
Francisco . __
No. 7—Fast Mail, from 4N*jw o'rieani'
No. a— Fast Mail, from Dei Ui0 ' i ? 'Si aui
No. V—buuset Express, from Hmm" ^
Orleans -
No. 10—Suumji impress, from 8an'"
Francisco M _.
Depart— »m
No. 101—Sunset Limited, for Sea Free-
Cisco i(tA
No. Suumti Limited, fur New tir.*
leans . .....
No. 7—Fast Mail, tor' Dei* "uio* if ?J5
No. b— Fast Man, lor orlee^! 'fMX
Skk O—buuset bapress, lor San Fro
CISCO _
No. 10—Sunset Eapress, lor o»." ^
leans
Arrive— Victoria Ihviaiea.' * *
Mo. aul—From Houston, i'ori i^evace.
Victoria, Cuere
Depart— P*
Mo. MM—For Cuere, Victoria, Port Le-
veca, Houston
Depart— M., JL ft T. •••'Mam
Northbound—
No. 4—Local
No. a— ieaas Special u'5?"
Mo. 10— Kaiy Limited
Ma JW-katy Flier *2
Mo. 22—For Houston iJlS f11
Arrive— *
Ma —katy Flyer 7m.-a
No. #-Uk«1 .....4 is 52
No. U—kL.iy Limited
Mo. 7—leans Special JJJ
Me. 21— From Houston *'
Arrive—State If. (L * 0. M. tent), w
Mo. 7—From tbe North 10 00 as
Ma 1—From tho North
Depart—
No. 0—For the North t w
Ma »—For the North 9 J"
Arrive—ft. A., V. ft O. (L ft ft. *. Denetl.
Mo. 2—From Corpus Christl end Oden ftilO on
No. 4—From Corpes Christl end Car-
'
The "TEXAS SPECIAL"
■■■
Continental Congress:
Daughters of American
H Revolution
I WASHINGTON
H AND RETURN
■ $35.25
Tickets on sale Ayr!) 13, 14, IS.
Limit May 12
S. A. & A. P. ii!y.
Perfect Psssenger Service to
CORPUS CHRISTI and
BROWNSVILLE COUNTRY
Leave San Antonio 8:43 a. in. Arrive Corpus Christl 3::N>p. m.
Lejive Snn Antonio 8:4ft a.ui. Arrive Brownsville 10:15 p.m.
Leave Snn Antonio 2:0T»p. m. Arrive Corpus Christl p. ui.
Leave Snn Antonio 10:4T» p. in. Arrive Corpus Christl 6:W«a. ni.
Leave Snn Antonio 10:4"»p. in. Arrive Itrownsville 11:35a. ni.
Puilmnn Tnrlor Cnr« on Dn> Trains. Standard Sleepers on Night Trains. Only
line with through sleeper to Kroivnsvllle.
For Information. Tickets and Reservntlons t ell
W. W. WOOLDRIDGE, City Fnseenger nnd Ticket Agent.
10* AVENt E C, MOORE BLIMi. PHONE & Si|
No. 1 —For Corpus
I
No. S—For Corpus Christ! and Car-
rtao Springs
....10:1
SOUTHERN PACIFIC
The Clean Route. Automatic
Electric Block Signals
CtlMist Rates to California ni Northwest
On Sale March 25 to April 14.
$85 to California. 546.05 to Northwest Stopovers.
Edw. McClaitnahan, C. P. a T. A. A. R. Atkinson. D. F. i P. A.
Ml East Houston Street. Gnnter Hotel Corner.
s\ j",
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San Antonio Express. (San Antonio, Tex.), Vol. 51, No. 83, Ed. 1 Thursday, March 23, 1916, newspaper, March 23, 1916; San Antonio, Texas. (https://texashistory.unt.edu/ark:/67531/metapth434738/m1/12/: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Abilene Library Consortium.