The Daily Express. (San Antonio, Tex.), Vol. 44, No. 56, Ed. 1 Thursday, February 25, 1909 Page: 8 of 14
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8
THE SAN ANTONIO DAILY EXPRESS: THURSDAY MORNING, FEBRUARY 25, 1909.
IMMATERIAL
INFRINGEMENT IS
NO OBSTACLE
Supreme Conrl Decides Cases In-
volving Conveying of Statement
of Facts to Higher Court.
OTHER OPINIONS IN
THE HIGH COURTS
Daily Express Austin Bureau
AUSTIN, Tex., Feb. 24.— Several cases
decided by the Supreme Court today in-
volved t lie law enacted by the Thirtieth
Legislature relating to the manner in
winch statements of tacts shall be con-
veyed from trial courts to courts of ;<p-
peai, and the «ourt held, in exhaustive
opinions, in effect, that immaterial in-
fringement of thai law. when not ob-
jected to by tli. opposing party to the
suit, should not b«' considered an ob-
stacle in the way of appeal The con-
sideration that appellate courts prior to
the enactment <>t the law had procured
the tacts in u different manner, coupled
with the natural oversights that may
reasonably attend a suoden departure
from a prpsrribed rule to a new and un-
familiar one. seem to be the controlling
propositions in the court s opinions.
The question is discussed at length in
the court's opinion refusing a writ of
error in the case «»f the Royal Insurance
Company against the 1« xas Ac Ciulf Rail-
way Company, from <»regg The plain-
tiff complained of the appellate court's
refusal to considej the statement of facts
in the record before that court because
"the original statement tiled in the trial
court did not accompany, but was copied
into the record on appeal. The appellee
urged no objection and the cause was
submitted on the record as presented.
The Supreme Court sustains the com-
plaint. Touching this issu«, it says;
The Court's Opinion.
"The law, it istrue, required that the
original and not a copy be sent up, but
the difference between the two is so
trivial in comparison with the effect
upon the right of appeal of a disregard
of the statement that it should bo held
that if an appellee desires to insist upon
the original he should in some way
make his insistence known before sub-
mission so that the other party may per-
fect the record before carrying it up. and
that when he fails to do so and allows
the cause to be submitted upon the copy
b. should be held to have waived tlie
objection and the copy should be con-
sidered as containing the facts upon
which the cause is to be decided. Espe-
cially should this be the course taken in
situations which have arisen under the
frequent recent changes in the law upon
the subject of statements of facts, pre-
senting questions a* to the proper course
to be put sued upon which lawyers have
widely differed. Such difficulties puglil
to be resolved in such a way as far as
reasonable, to preserve rather than de-
feat the right of appeal.
"Copies of statements of facts, duly
authenticated and fib-d in trial courts,
have been the material upon which the
decisions of the appellate courts have
been based from the foundation up to
the passage of the law by he last Legis-
lature, and when an appellant has merely
made the mistake o-f i»usuing that prac-
tice and t lie other party has not objected,
the court may assume that it has the evi-
dence adduced at the trial, and there is
no substantial reason why
should fail."
Amplifying upon this proposition, the 1 that the deci>
court holds that failure to conform to prohibited the
Rudder, from Milam; Don F. Gray vs
Mrs. Km ma .Phillips et al, from Burnet.
Reversed and remanded: international
& Great Nortnern Railroad Company vs.
King Washington, from McLennan.
Rehearings refused: Lewis Hancock
vs. W'm. n Stacy, from Travis; \V. A.
Barclay vs. \\ . v\\ Deyerle, lrom Mc-
Len nan.
Other motions overruled: Don F. Gray
vs. Mrs. Emma Phillips et al, from Bur-
net, to consider report of autopsy com-
mission and evidence, thereon; Fannie
Martin et al vs. 1. L. Elwood, from Ster-
ling. to file the transcrips; Missouri, Kan-
sas Ac Texas Railway company of Texas
et al vs. \\ ,1. Rogers, from Llano, for
c-ertioi a ri.
Submitted for rehearing: W. L. Car-
wile vs. Win. Cameron A: Co., inc., from
McLennan; N. R. Sloan vs. N. W. Mc-
Millen, from San Saba; J. T. Blanks vs.
Missouri, Kansas A Texas Railway Com-
pany of Texas et al, from Hays, by both
appellees; K. (I. .lames vs. San Antonio
A* Aransas Pass Railway Company, from
McLennan.
The practice heretofore existing in the
Court of Civil Appeals of the Third Dis-
trict of setting tor submission every
thirty or forty days about thirty cases
will from this date be changed to sub-
mitting cases each week of the term of
court. The parties interested in the cases
to be submitted will not be allowed by
igreement to postpone the same so as
to interfere with the disposition of busi-
ness. except by permission of the court;
and anv postponement, except byTermis-
sion, will only be allowed upon good
cause shown. No change is made in
court day.
The following causes are set for March
1909: Western Union Telegraph Com-
pany vs. J. G. Powell, from Robertson;
Central City Loan and Investment Com-
pany vs. Charles \\ Vincent, from Mc-
Lennan; State of Texas vs. Trinity &
Brazos Valley Railway company et al,
from Travis. Western Union Telegraph
Company vs State of Texas, from Travis;
.1 M I.owright et al Travis County,
from Travis; C J,. Dunbar vs J. C.
Montgomery et al. from San Saba. State
of Texas vs. .1 W. McGlaun et. a I. from
Travis. Gulf. Colorado At Santa Fc Rail-
way Company vs. Otis Poaslee. from Wil-
liamson; Elio Boardman vs. J. L. Wood-
ward. from Concho; M. H. Reed vs. M.
G. Sampson et al. from Travis.
HE HKOlliHI 1 HE KATE COMPLAINT
ALAMO MAY BE
PUT IN CHARGE
OF CITIZENS
Committee Composed of Sao An-
tonians Is Suggested by
Senator Peeler.
DAUGHTERS OF REPUBLIC
HEARD BY SENATORS
— Photo by Wilson & Jensen.
ALLISON MAVFIELD.
Daily Express Austin Bureau.
AUSTIN, Tex., Feb. 24.-Though the
Senate Committee on Public Buildings
and Grounds had already reported fa-
vorably the bill by Mr. Terrell of Bowie
taking the Alamo out of the hands of
the Daughters of the Republic and plac-
ing it in the hands of the fc'tate Superin-
tendent of Buildings and Grounds, the
Daughters of the Republic, through Mrs.
AFFECTS DIVORCES.
the new method does not constitute a de-
fect in the statement itself, such as a
Third Court of Appeals Rules Upon
Milam County Case.
Daily Express Austin Bureau.
AUSTIN, Tex., Feb. 24.—Affirming the
case of J. F. Wingo against Jog Rudder,
from Milam County, the Third Court of
Civil Appeals today announced the prop-
osition that the decree of a court of one
State, which by implication prohibits the
marriage of a divorcee, can not be given
an extra-territorial effect; in other words,
the decree or its restrictions can not ap-
ply where the divorcee in question has
become the resident of another State,
where no such law exists.
Appellees filed suit in the County Court
to recover on the bond of their father
and sureties thereon, as community ad-
ministrator of the estate of their de-
ceased mother. The case was tried with-
out a jury and judgment resulted in favor
of the appellees for the kuin of $1000.
When a school girl, the mother of the
plaintiffs, according to the findings of
the trial, ran away from her father's
home in Alabama with Hale Windham
and at Montgomery they were married.
The record shows that she lived with
■Windham for several days as his wife,
and returned to her father's homo and
never lived with him again. She was
s<nt to school in Georgia, and in that
State married Sam I). Rudder, one of the
defendants In the case. The couple re-
turned to Alabama and moved thence to
Texas, settling in Milam County. From
the time of her marriage to her death
she lived with Rudder as his wife, the
marriage being accepted by all concerned
as a marriage lawful and in good faith
While Rudder and his wife were living
in Texas, a divorce was granted to Hale
Windham by the Chancery Court of
Montgomery County. Alabama. Three
years prior to the granting of this decree
?^rs. Rudder had become a resident of
the appeal J 'it xas. From testimony adduced in the
'trial court the conclusion was reached
of the Alabama court
woman from marrying
T*HE meeting of the Interstate Com . . ... ... ..., w.. _
* merce Commission at St. Louis for'^e'1er(a ^ Fisher, Mrs. Cornelia Branch
♦ 1^ •t rr | . , Stone of Galveston and Mrs. J. B. Dibrell
Hip consideration of the Ipxmr complaint of Srguin. appeared before that commit-
against the horizontal increase in freight I tee again this afternoon, as they were
rates, recalls the activity of commissioner I crowing restless because the bill lmd
«. , , i ,, , , I not yet been acted on by the Senate.
Mayfirld in behalf of. I he people of tlir j ThJ maUPr w(lB Knne over in full by
State when the question arose. Com- ! the committee with the women and also
missioner Mayfield, who was then chair- J with Don A. Bliss of San Antonio. Both
... * ., . ... the women and Mr. Bliss recommended
man of the Railroad Commission, with ! that ihp Alam0 be placcd ,n charge nf
tlie assistance of Commissioner Storey, j a commission. The women were not
"filed the complaint with the Interstate i overanxious to have the Alamo under
. , such a comnrttfe and Senator Terrell,
Commerce Commission as soon as the , ;iuthnr of tho measure, was strictly op-
Situation had sufficiently crystallized to posed to the idea. Mr. Bliss said that the
warrant proc eedings. The action of the j present Superintendent of Buildings and
Grounds had not taken the proper care of
I exas commission was taken at his in- ,hp hu||d|nga anf, he feareil future
stance, and he has ever since the case
has been pending been devoting his at-
tention to its prosecution. With Chair-
man Storey, Mr. Mayfield is now at St.
Louis In the interest of tlie Texas ship-
pers.
• gain after the divorce was granted to
Windham The trial court held that in-
failure of the judge to sign the state- j nsmuch as Mrs. Rudder was but thirteen
merit, or the hk» The question consid-
ered iarises merely as to the manner of
presentation which 'he court maintains
may be waived, holding further that a
waiver is effectually accomplished by .... .. . , .. ..
failure to object The court ass.-rls that ! ^J»^am Jin.I Jhe ^matriage to Kudder.
the change in procedure w*as made mere
years of age at the time of her marriage
to Windham, she had no power to make
such a contract with him; that as three
yenrs elapsed between the marriage to
not yet been made public, as the opinion
has not been completed.
It will be remembered that the killing
of Will Phillips created a considerable
sensation in Llano County a year or so
ago. The civil suit for damages was
brought in Llano County and then trans-
ferred to Burnet County for trial.
Supreme Court Proceedings.
Daily Express Austin Bureau.
AUSTIN, Tex., Feb. 24.—The follow-
ing proceedings were had in the Supreme
Court today:
Certified questions answered: Wallace
& Reed vs. Reed Brothers, from Bell;
M. E. Smalley et al vs. Freeman Paine
et al. from Williamson; J. E. Hay worth,
administrator, vs. Margreth Williams et
al, from Cooke.
Reversed and remanded: Hartford Fire
Insurance Company et al vs. City of
Houston et al, from Harris.
Applications granted and set for March
24: Missouri. Kansas <!£• Texas Railway
Company of Texas vs. William H. Bris-
coe, from Cooke; II. G. Rhodes et al vs.
Fred Ma ret et a I. from Hood.
Applications refused: Hallie Allen et
al vs. Lv 1>. Campbell et al. from TravH;
Missouri. Kansas & Texas Railway Corn-
Superintendents might do the same.
Senator Peeler will make an effort to
ha\e the Alamo put under the control of
a small committee of San Antonio citi-
zens. appointed by the Governor, these
men t«» have full control of the Alamo.
Mr. Bliss advocated the idea also and
other Senators also expressed their ap-
proval. The matter will be brought out
in the Senate within the next few days
and Senator Peeler will then make his
fight.
Ask for Relief in Name of Peace.
Mrs Cornelia Branch Stone of Gal-
veston asked that the bill be reported fa-
vorably.
The recognized Daughters of the Re-
public want the bill passed. They had
been intrusted with the property, but
thought that now the men should take
charge of it. They had been charged
with the desire to pull down the Alamo.
Far be it from so. Their intentions were
for the best interests. In their efforts
they had been brought into disagree-
able litigation in tlie matter. They have
tried to defend the trust placed upon
them, and ill doing so they have had to
endure great shame and disgrace. They
scorned to enter Into denial of the re-
ports that have gone forth, so base and
untrue were they. They are worthy of
the trust, but in the name of peace and
harmony they ask for relief. The minor-
ity desires to control the Alamo property,
and they will not allow it. Two-thirds
are members of her organization.
Senator Terrell asked what the women
thought of the provisions of the meas-
ure.
They agreed with the Idea that it should
not be rented arid be placed in such a
condition as it was at the time of the
pany of Texas vs. Dee M. Lasater. from
Grayson; J. W. Com best vs. J Wall et I battle.
al. from Collin; Frederico de Hoyos vs. | Senator Terrell of Bowie did not favor
Galveston, Marrisburg & San Antonio paying the taxes due Miss Drlsco.ll
Railway Company, lrom Bexar; Royal through this bill but elsewhere. He op-
Insurance Company vs. Texas & Gulf posed the idea of allowing the control to
Railway Company (written opinion), a board of five members.
from Gregg; Hall Ar Tyson vs First Mrs Stone then said that all the
National Rank. etc. (writteu opinion), Daughters wished to be relieved of the
from Coleman; Galveston, Marrisburg & control for the sake of harmony. The
San Antonio Railway Company vs. F. A. idea of a board is not. essential.
Piper Co., from Uvalde.
Motions for rehearing overruled: Gulf
What Is li
All About?
What does the minister say? What has the doctor done?
What is this union of religion and medicine to prevent and
cure disease ? Do you know ? Do you know the simple
scientific truths on which the Emmanuel Movement is based ?
The first real answer to these questions is in the March
Woman's Home Companion—from cover to cover
A Great Big Cheerful Magazine
Some good stories—the best dog story you ever read—charming pictures, strong
helpful articles, and sixty pages of practical departments, including the Karly
Spring Fashions—all and more in the March
WOMAN'S HOME
CQMJgAIMIQN '
At All News-stands
ly to save expense and that this pur-
pose may always be subserved by im-
posing the unnecessary cost on the party
causing it. without virtually defeating
the right of appeal
However the conclusion reached by the
court on this question regarding the
statement of facts did riot necessitate the
remandinc of the case in which it arose
Viack to the Appellate Court, a* the cjues
the presumption of the legality of the
marriage to Rudder ought to rainp the
presumption that in the Interval of time
after she left Windham before she mar-
ried Rudder, she obtained a divorce from
Windham; that the decree of the Ala-
bama court divorcing Windham and bis
child-wife did dissolve the bonds of mat-
rimony between them; that even if it be
admitted that the decree of the Alabama
court denied to the girl the right to
Hons passed upon by the Appellate Court niarry again, such provision of the Judir
upon the pleadings control the case and ni»nt uhnnM i«r> rAcnarrtaa »»)«> nr. > „
were correctly decided, and the applica-
tion for a writ of error was refused on
that ground.
Another Phase of the Issue.
Another phase of the issue was explain-
ed in the court's answer to certified ques
Hons propounded by the Third Court of
Civil Appeals, arising in the case of Wal-
lace and Reed against Reed Bros. The
questions are:
1. When no good and sufficient excuse
or reason for not filing the statement of
facts within the ninety days' time re-
quired for filing the record in the Court
of Civil Appeals is shown, and present-
ing to the Court of Civil Appeals the
original statement of facts after the
ninety days has expired, but before the
case is submitted, or at such time, in
other words, as not to delay the disposi-
tion of the case, is it the duty of the
Court of Civil Appeals In disposing of
the case to act upon and consider the
statement of fn<-ts in passing upon and
determining those assignments that prop-
erly raise questions of facts?'
2. Where no good reason 6r excusc is
shown for the delay, can a party as a
matter of right, have brought up and
filed and considered by this court the
original statement of facts after the ex-
piration of the ninety days' time in which
the law requires the record or trans-
cript to be filed in this court after the
appeal is perfected when no delay will
result in the disposition of the casa?
The Supreme Court answers both ques-
tions in the affirmative. It sees no dif-
ference between this and a motion re-
quiring the clerk of the trial oourt to
certify any part of the record which had
been Inadvertently omitted from the
transcript, and perceives no reason why
n more stringent rule should be applied
than that applicable to motions to require
the clerk to certify some omitted part.
The court had previously held that the
motion will be jn time if filed before the
submission of the esse. Relating to this
phase of the question the court says;
"If any more excuse or cause for the
delay is required to be shown than that
the clerk has failed to do his dutv by
rending up the stenographer's note*: at
the time he sent up the manuscript, it
seems to us that it could be found in the
fact that the act above cited established
a new and unfamiliar rule, and that from
the language of the act the scope of the
rule was not easy of ascertainment. This
Is now apparent since the records of this
court show there has been no uniformity
of practice oil the part of the clerks of
the trial courts in the particular In ques-
tion "
8'milarly, in refusing an application for
writ of error in the ease of Hall Tyson
Bgalnst the First National Rank of Cov-
ington, Ky , the court holds that the ap-
pellate Court erred In refusing to con-
sider the statement of facts copied Into
the record.
n j inent should be regarded only as a pen-
alty and could not be effective beyond
the borders of Alabama, and could not
operate as a bar against the girl to enter
the married state again, either in Georgia
or in Texas.
The Appellate Court affirms the case
and holds that the facts, coupled with the
presumption of law that relates thereto,
shew a lawful marriage between Rudder
and his wife. The related question as to
whether or not the plaintiff s action wa*
barred by limitation was determined in
th" negative, the findings of the lower
court being affirmed.
HIGH COURTS DISAGREE.
Third Court Doe, Not Hold Same
Opinion as Sixth Court.
Daily Express Austin Bureau.
AT'ST IN. Tex.. Feb. 24.—The Third
Court of Civil Appeals todav disagreed
with the decision of the Sixth Court of
Civil Appenls In the latter* decision In
the case of the St. Eouls Southwestern
Railway Company against Nelson, where-
in It Is held that so much of the act of
the last Legislature as requires the orig-
inal transcript to be sent upon appeal
has no application to appeals taken from ' ler, from Wilbarger
cases tried and detv'MSined in the County I Reversed and remanded: Wyatt Hanks
Court, and that in such appeals the and Math Gardner (two oases), from Cal-
statement of facts shall be copied into! lahan; Wesley Floyd and Jess Close
Coast Santa Fe Railway Company v
C. W. Farmer, from Johnson; Texas &
Pacific Railway Company vs. Hooker
Crump et al, from Dallas; Missouri, Kan-
sas K- Texas Railway Company of Texas
vs. W. J. Malone, from Hunt; C. I* Jes-
ter et al vs. L. hi. McMormlck et al, from
Navarro; St. I .outs Southwestern Rail-
way Company of Texas vs. G. M. Franks,
from Navarro; International & Great
Northern Railroad Company vs. Serapio
Aletnan, from Bexar; Southwestern Tele-
graph and Telephone Company vs. A. L.
Daniels et al, from Dallas.
Motions for rehearing sugmitted: Texas
Midland Railroad vs. J VV. Ryrd. from
Delta, li. H. Wilkin vs. (Jeorge W. Owens
& Bro . from Hale.
Certified question set for March 17:
J. M. Dupree et al vs. the State of Texas,
from Brown.
Causes submitted: K. Gutierrez vs. El
Paso & Northeastern Railway Company,
from 101 Paso; Galveston, Marrisburg &
San Antonio Railway Company vs.
Charles I)e Groff et al, from El Paso;
tin* Grand Fraternity vs Mat tie K. Mel-
ten. from Tarrant. Texarkana & fc*ort
Smith Railway Company vs. Jim Ander-
son, from Bowie.
Court of Criminal Appeals.
Special Telegram to The Express.
DAIjI>AS. Tex.. Feb. 24.—Proceedings
In the State Court of Criminal Appeals
were as follows:
Affirmed: Bud Housley, from Calla-
han; Anthony Flowers, Fred Evans, < \ E.
Batte. Jim Hortun and Will Conle.v. from
Dallas; J. H McCa.lister, from Fisher;
S L. Reese, from Haskell; Dick Scott
and Alley Seinn. from Haskell, H J.
Jeffries, from Jack; Will Terry, Walter
Rills and John Webb (two cases), from
Jones; Jim Patterson, from Kent; I H.
S|>atks. from Potter; Bill Hester, from
Scurry. W. A. Craighead, from Stephens;
crum Riddle from Stonewall; <'. C. Fow-
Mr, Bliss Favors Board of Control.
Don A. Bliss of San Antonio favored
placing the Alamo under a board, as the
Superintendent of Buildings and Grounds
is removed from the scene of action and
cannot give the proper attention to the
matter. He represented Miss de Zavala
In tin litigation. It would be Impossible
to pi,ice the building in the same condi-
Third Court of Civil Appeals.
Daily Express Austin Bureau.
AUSTIN, Tex., Feb. 24.-The follow-
ing proceedings were had todav in the
Court of Civil Appeals. Third District:
Affirmed: J. F. Wingo et al vs. Joe
the transcript and record as made up by
the County Clerk.
This court holds that there Is no ex-
ception to the rule prescribed in the stat-
ute and that Its purpose and object are
to require the original transcript to be
sent up In all cases, whether disposed of
In the district or county court, except In
those classes of cases where there Is
some special statute upon the subject.
As this Is not the case here—in the
•ause of the Missouri. Kansas fr Texas
Railway Company against W. .T. Rogers
the writ of certiorari to the clerk of th"
County Court of TJano County, to require
him to send up a part of the record In
the rase and Incorporate in the tran
Script therein a statement of facts pre-
pared and filed in the trl.il court was not
granted. The court says: "With this
view of the question, we are of the opin-
ion that the appellant has properly per-
fected its appeal, and that the original
statement of facts, being filed within
time, should be considered."
AFFIRMS PHILLIPS JUDGMENT.
Suit Grew Out of Don Gray Case at
Llano.
Dally Express Austin Bureau.
AUSTIN. Tex., Feb, 24.—The Third
<T°urt of Civil Appeals today affirmed a
Judgment for $*750 rendered Mrs. Emma
Phillips and children by the Burnet
County District Court in their suit for
damages against Den F Gray for the al-
leged killing of their husband and father
Will Phillips.
This Is one of the few cases In Texas
Jurisprudence of similar character. The
coUrt's reasons for the affirmance have
from Dallam; Ren Young, from Erath
E H. hee, from Howard; Clarence Ryrd.
from Martin; R. E. Newman, from No-
lan; John Hartsell, from Parker; Walter
Henry, from Scurry; Rill Lloyd, from
Van Zandt; Dave Speers, from Wood.
Motion for rehearing overruled: Jessie
Tate (three cases), from Dallas
Appeal dismissed. Ex Parte Mope Sed-
wick. from Williamson.
Submitted on brief for both: Noel Hon-
ca, alias A I-. Watson, from Childress;
Powell Jack and Dock Davie, from Ann-
strong,
On "rlef for State: Wiley Hill (two
cases), from Scurry; Win. Schocnner-
stedt, from Jones.
On record: Gus Gruzendork and John
Burks (two cases), from Jones: ex parte
G. H. Burdine. from Williamson.
On brief and oral argument for both:
J. M. Harris, from Howard; Red Evans,
from Randall; Jim Gober, from Potter;
John Dies, from Baylor; Walter Shep-
pard. from Hopkins; R. A. Dobbs, from
Randall.
On motion for rehearing: Chas. Simons
and Ben Morrow; from Navarro; Jake
Myers, from Fannin; Roger Fields, from
Ellis; J. W. Lennox, from Erath; Albert
Cabrera, from DeWitt.
Fourth Court of Civil Appeals.
Proceedings yesterday in the Fourth
Court of Appeals were as follows:
Affirmed — Galveston, Tlarrisburg Sr
San AntOnio Railway company vs. James
F. Powers et al, from Bee; T. J. Free-
man, receiver of the International K-
Great Northern Railroad t'ompany. vs.
J. R. Davis, et UX., from Frio; Galveston,
Harrlsburg & fiSan Antonio Railroad Com-
pany vs. L. V. Wallace, from Uvalde;
Galveston, l^tarrlsburg & ban Antonio
/
Railroad Company vs. J. D. Crow, from
Uvalde.
Affirmed in part and reversed and ren*
dered in part—J. A. Whltaker vs. Thomas
Miller, from Bandera.
Reversed and rendered- Glbbens &
Rountree vs. J. L. Hart, from Uvalde.
Reversed and remanded Missouri, Kan-
sas & Texas Railway Company of Texas
vs. G. C. Trlpls, from Bexar.
Affirmed with remittitur, otherwise re-
versed and remanded—Texas At New Or-
leans Railroad Company vs. Jacob Gelger,
from Harris.
Motions for rehearing overruled—James
Routledge vs Elmendorf et al, by G. C.
Altgelt, adminfflrutor, from Bexar; Gal-
veston. Harrlsburg «Ni* San Antonio Rail-
way Company vs. D. F. Worth, from
Val Verde. Ida T. Desmond vs. T. B.
Dockery. from Rl Paso; George M. Clif.
ton vs. S. S. Charles, from Webb.
Motion to advance submission granted;
Z. Z. Savage et al vs. Hugh L. Humph-
reys. from Potter.
Motions for rehearing submitted—A. L.
Sliarpe et al vs. c. K. Kellogg, from El
Paso; Ti. H. Bradford et al vs. W. <'.
1/emhkc, from Bexar; Southern Pacific
Company vs. John Hart, from El Paso;
Mutual Life Insurance Company vs J, D
Crenshaw, from Bexar; the Pullman
Company vs. Henry Cavlness, from
Bexar; International Great Northern
Railroad Company vs. Mrs. Luz Coy Mor-
in, from Bex. 1
tion that it was formerly In without
ten ring down parts of the present build-
ing. This should not he attempted In
full. Let a board be appointed for con-
trol. of which the State Superintendent
oi Buildings and Grounds is an ex-of-
ficio member. Under the Superintendent
of Buildings and Grounds there might oe
the same number of billboards as there
is at present. The building Is neglected
under the present administration.
Being asked by Senator Peeler how he
would like to see the City of San An-
tonio take charge, he replied that this
would please him very much.
Mrs. J. B. Dibrell spoke on the com-
mission. This would be political, just as
well as would be a Superintendent of
Buildings and Grounds. How can the
political feature be eliminated under the
Constitution. Let us have the Alamo as
Texas found it. lis walls are sacred. The
spuit of contest is dead In the Daughters
of the Republic. They wish peace.
Senator Peeler suggested that a reputa-
ole committee of three cltisens of San
Antonio be appointed to control the Ala-
mo. There would be no expense for
them, and they could watch the property
well. They could make the Alamo worth
while. A keeper must be retained. The
grounds should be improved around the
Alamo in the shape of a park. A com-
plete discussion of the former conditions
of the Alamo was gone into, regarding
tiie ditch, old turrets and projecting
walls.
Mrs. J. B. Dibrell protested against
women being on a committee to consider
further the problem. Every time any-
thing is touched there will be trouble.
Senator Peeler said that he would ad-
vocate the appointment of a small com-
mlttee of Ban Antonio men to control
the Alamo.
HEARING ON FRATERNAL BILL.
Measure Suggested by Insurance
Commissioner Adversely Reported.
Daily Express Austin Bureau.
AUSTIN, Tex., Feb. 34.—The Senate
Committee on Insurance, Statistics and
History took up the bill Introduced by
Mr. Hudspeth by request of T. B. Dove,
declaring any fraternal beneficiary asso-
ciation whose liabilities already accrued
exceed their assets Insolvent, providing
that they shall no longer do business in
the State, and providing for the winding
up of their affairs. The bill was re-
ported adversely.
S. M. Posey, representing the Trinity
Life and Annuity Society of Dallas,
spoke against the measure from a legal
standpoint. He took up the litigation
pending between his client and T. B.
Love. Commissioner of Banking and in-
surance.
R. T. Benefield, president of the Trin-
ity Life and Annuity Society, declared
that the measure was aimed at his so-
ciety alone. The bill was adversely re-
ported, without favorable minority re-
port.
Senator Peeler's bill exempting the Tel-
egraphers Mutual Benefit Association
from the laws of this State governing
fraternal beneficial associations, was re-
ported favorably.
REPORT EDUCATIONAL BILLS.
Senate Committee Reports a Large
Number Favorably.
Daily Express Austin Bureau.
AUSTIN. Tex., Feb. 24.—Senate Com-
mittee on Education reported favorably
Senator Ward's bill creating an inde-
pendent school district for Burleson,
Johnson County.
Favorably the House bill providing t'or
the teaching of agriculture in the three
State normal schools.
Favorably the Gaines House bill pro-
viding for the establishment of agri-
cultural and mechanical schools in each
Congressional district with departments
of domestic science. An Identical bill bv
Senator Sturgeon was also reported fav-
orably. Senator Brachfield gave notl- o
oi adverse minority reports on both bills.
ruvorably, oilj by Senator Perkins
establishing an agricultural and mechan-
ic al college in Collin County with notice
ot adverse minority roport by Senators
Uiachtield and Harper.
'1 he Giubbs self-help Industrial school
for Campbell, Hunt County, by Mr. Per-
kins (by request) was also reported fav-
orably, with adverse minority report by
Senators Brachfield and Harper.
Favorably, House bill providing that
the Agricultural and Mechanical College
shall teach grading, classing, stapling
and spinnable value of cotton, with a
summer school therefor.
Favorably, bill by Senator Adams re-
tabllshlng an independent school district
for Ballinger.
The compulsory education bill as passed
by the House was considered and sup-
ported by its author, Mr. Ridgway, and
Mr. Town send of the Farmers Union.
Senator Brachfield offered an amend-
ment to make the law optional with each
county on a majority vote. The bill then
went over until tomorrow. j
Senate bills creating school districts for '
Lubbock and Wichita Falls were reported
favora bly.
New City Charter for Beaumont.
Daily Express Austin Bureau.
AUSTIN, Tex., Feb. 24.—Senate Com-
mitter on Towns and City Corporations
reported favorably Senator Kellie's bill
granting Beaumont a new city charter.
L. T. Waters Undertaking Co.
431 East Commerce St. Both phones 202S.
Nature's Vegetable Laxative
A Pleasant SubslilMteNfor;.Salts. Oils or Pilis
r^^0)UREg CONSTIPATION
ACfS GENTLY.,!" i. CLEANSES THOROUGHLY
. Ti-
Mother Said
: WW" ....
For Headache
It pays to use, for headat'he, a racdicinc that acts,
not on the head, but on the real cause of the ache, the
nerves that are sick and that make the head to ache,
in sympathy with their trouble.
With women, the real trouble is generally some
derangement of her organs or functions and the head-
ache is merely one of the symptoms of her female
weakness.
The proper treatment, therefore, for female
headache, is Cardui,—the female remedy, the medi-
cine that acts on the female organs, and regulates the
deranged female functions.
"I had suffered every month, for a year," writes
Mrs. Dora Garrett, of Vandervoort, Ark., "and got
weaker every day. My head and back would ache,
so bad, I could not sit up. I tried all
other kinds of medicines and they all
failed to cure me. Then my mother
told me to take Cardui. When I had
taken one bottle I was able to do all
of my work. Cardui is the greatest
woman's relief in the world."
Take CARDUI
if"• .;'V-*;
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The Daily Express. (San Antonio, Tex.), Vol. 44, No. 56, Ed. 1 Thursday, February 25, 1909, newspaper, February 25, 1909; San Antonio, Texas. (https://texashistory.unt.edu/ark:/67531/metapth441560/m1/8/?rotate=90: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Abilene Library Consortium.