The Daily Express. (San Antonio, Tex.), Vol. 42, No. 62, Ed. 1 Sunday, March 3, 1907 Page: 3 of 48
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THE SAN ANTONIO DAILY EXPRESS: SUNDAY MORNING, MARCH 3, 1907.
FREE PASS
BILL CAUSES
HOT CLASH
Senate Conference Committee Not
Likely to Recede and Accept
House Amendments.
CHIEF JUSTICE
GIVES VIEW OF
NEPOTISM LAW
Judge Gaines Holds Kinsman of
Justice Brown Appointed by
Clerk is Not Affected
EXEMPTIONS HELD TO
OPEN WAY TO ABUSE
Christian Science Lobby Earnestly at
Work in Effort to Induce Honse to
Overrule Action Against Them
Taken by the Senate.
MEMBERS OF COURT
NAME NO APPOINTEES
Dally Express Austin Bureau.
AUSTIN, Tex., March 2.—The final
passage of the anti-pass bill in the
House, tho refusal of the Senate to
concur in the amendments, and the ap-
pointment of a free conference commit-
tee was the principal feature of the
legislation of last week. The exemp-
tions injected by the House into the
bill or its substitute constitute the objec-
tions of the Senate.
The House utterly discarded the Sen-
ate bill and after it had passed the sub-
stitute, the substitute was amended
twenty-four times. The House bill has
a number of exemptions. Senator Skin-
ner, speaking against concurrence in the
House amendments, said the bill would
exempt 60 per cent of the persons now
riding on passes.
Had the House been in the mood it got
into later in the week, when it finally
passed the bill, it would have exempted
newspaper people from accepting trans-
portation for advertising. Upon recon-
sideration the House failed to make this
exemption by nine votes 011 a two-thirds
vote. It is probable that this phase of
the transportation will be taken up at
the free conference.
House Passes Few Bills.
The House was not active in passing
bills last week. A number of local bills
were disposed of, but a good part of
Suspension Day was spent upon im-
portant measures. The amendment to
the Civil Statutes requiring Judges to
submit their charges to juries before the
arguments of fact by attorneys consumed
tho greater part of Monday afternoon
and Tuesday morning.
Tuesday the House finally passed the
insurance bill requiring Texas insurance
companies to invest 75 per cent of their
reserve set apart for the final payment
of policies in Texas securities and prop-
erties and that the securities be deposit-
ed in the State treasury.
Wednesday the report of the Bailey
Investigating committee broke in on the
debate on the text book bill and con-
sumed the greater part of Wednesday
afternoon, night and Thursday after-
noon.
All day Friday was spent in the de-
bate on amendments to the McGrcgor-
Baskin high license bill. Representatives
I^ove, Onion and McConnell made the
principal speeches on the bill.
Senate Passes Important Bills.
The Senate disposed of two important
measures, which consumed the greater
part of the week in debate. Half a day
was spent in exonerating Senator Bailey,
without listening t<> the report of the
committee it appointed to make the in-
vestigation. Another half day was spent
by the majority members having their
pictures taken for Senator Bailey's roll
of honor, which he says he is to hang
up in his home alongside the "rogues'
gallery" and concerning which he will
swear his children never to forget the
one nor forgive the other.
The Senate finally passed the one board
medical bill, which has been debated in
committee and on the floor of the Sen-
ate ever since the session began. The
bill does not exempt Christian Scientists
from the provisions of the act. It is
understood the majority of the House
will accept and pass the bill as it has
been amended by the Senate. The dif-
ferent schools of medicine will not make
a further fight on the bill.
Christian Science Lobby.
The Christian Scientists are now lob-
bying day and night with members of
the House to amend the bill, which will
take them out from tlie provisions which
require that all persons charging fees
for the practice of healing shall be re-
quired to take out a license from a medi-
cal school.
The Senate also passed the Constitu-
tional amendment providing for the crea-
tion of the Sixth Supremo Judicial Dis-
trict at Texarkana. If the House passes
the bill, and after it is submitted to the
people and passed, an appropriation will
have to be made for the establishment
and maintenance of the court.
Today was practically a holiday in the
legislative halls and about the Capitol.
A few committees met this morning on
unimportant matters. Most of the mem-
bers took advantage of the holiday and
have gone home. Not more than a dozen
members were seen about the two houses
today. G. P.
Grippe leaves
the constitution
weakened and
Q exposed to
<Q* attack from bron-
<Qi chitis, pneumonia
and serious nervous
«Qi disorders.
Scott 'jr
Emulsion
builds up the wasted
tissues and enriches
the blood.
It strengthens the
whole system.
An dra«l>t*: 60c. and $1.00.
Daily Express Austin Bureau.
AUSTIN, Tex., March 1.—The following
is of Interest as a chapter in the anti-
nepotism law. Here a deputy clerk of
the Supreme Court is a kinsman of one
of the judges:
Austin. Tex., March 1.
Fred T. Connerly, Esq., Clerk, Su-
preme Court of Texas: Dear Sir—In re-
ply to your communication to the Su-
preme Court of the 2Sth ultimo relative
to the legality of your retaining John .S.
Myrick as deputy clerk of the court
after the passage of the nepotism act, I
have to say that Associate Justice Wil-
liams and I have examined the question
and will now state our conclusion in ref-
erence thereto.
Article 956 of the Revised Statutes, as
amended by the act of the Twenty-
eighth Legislature, gives you the power
to appoint one or two deputies when au-
thorized by the court. (Laws, 1903, p.
115.) Since Captain Myrick is not relat-
ed to you, you could now appoint hirri
with entire propriety. The fact that As-
sociate Justice Brown is related to him
does not affect the question. Judge
Brown has neither the power to make
the appointment nor to vote upon it.
Even if he had the right to vote, the re-
lationship to an applicant for the place
would merely disqualify him from voting
for such applicant, but would not pre-
clude the other two members of the co®t
from voting for and securing his ap-
pointment.
I take occasion to say that I am In-
formed that a statement has been pub-
lished in tho press to the effect that the
judges of this court control the appoint-
ment of the deputies. This, to put it
mildly, is a grave misapprehension, as
you well know. The truth might easily
have been ascertained by simply asking
information as to the matter of you or
of any member of the court. I have
been a member of tho Supreme Court
now for more than twenty years and I
have no reason to believe that any judge
of the court has, during all that time,
sought to control, or in any manner in-
terfere with, the clerk in making such
appointments as the law entrusted to
him.
For obvious reasons. Associate Justice
Brown declines to take any part in the
determination of the question submitted
by you. Very respectfully,
R. R. GAINES, Chief Justice.
I concur in the conclusion reached and
In the facts stated by the Chief Justice. *
F. A. WILLIAMS, Associate Justice.
FIGHT HOGG AMENDMENTS.
Railroad Attorneys Argue Against Def-
inition Given of Insolvent Cor-
porations in Bill.
Daily Express Austin Bureau.
AUSTIN, Tex., March 2.—The Senate
Committee on Constitutional Amend-
ments spent the forenoon considering the
Hogg amendments to the Constitution
as proposed by Senator Terrell, relating
to anti-pass, anti-lobbying and prohibit-
ing corporations from doing business in
Texas.
N. A. Stedman, general attorney for
the International & Great Northern
Railway Company, and M. A. Spoonts,
general attorney for the Fort Worth &
Denver Railroad, consumed the session
in opposition to the amendment relating
to insolvent corporations.
They did not object to prohibiting in-
solvent corporations from doing business
in Texas and outlawing fictitious bonds
and stocks of corporations, but strongly
opposed the definitions of insolvent cor-
porations contained In the proposed
amendment. They made strong legal ar-
guments against the proposition and also
opposed it because of the havoc It would
play with corporations really solvent, be-
cause they could meet their obligations,
etc., but the definition would reach them
because of their condition at some
period or other. The arguments will be
resumed next Monday.
SENATE FAILS OF QUORUM.
Attempt to Work on Texas Indepen-
dence Day Proves Futile.
Daily Express Austin Bureau.
AUSTIN, Tex., March 2.—There were
some Senators who had so little patriot-
ism as to attempt to work today, the anni-
versary of the Texas Declaration of In-
dependence, a legal holiday, but the at-
tempted desecration proved vain, as it
was impossible to secure a quorum, and
after thirty minutes of play an adjourn-
ment was taken until 9 o'clock Monday
morning.
Senator Looney took occasion to read
the Senate a lecture on this adjourning
business and lack of work.
All attempts to adjourn proved futile
until Senator Senter announced that un-
less the next one carried he would start
another nine hour's speech. The Senate
adjourned Immediately.
PREVENTED A LYNCHING.
Negro Fiend Taken Out of Harm's
Way by Kentucky Sheriff.
MOUNT STERLING, Ky., March 2—
The strategy of county officers prevented
the lynching tonight of Phil Botts, a
negro, charged with attempting a crimi-
nal assault on Miss Mary Frewltt, the 13-
year-old daughter of State Insurance
Commissioner Henry Prewltt. The at-
tempt was made last night when, Its is
alleged, the negro entered Miss Prewitt's
bed room but she eluded him and her
screams brought help.
News of the affair did not get abroad
until this afternoon, but a mob quickly
began forming, and preparations were
made to break Into the jail and lynch
Botts. The Sheriff, however. In the
meantime had slipped away with Botts
to a small town on the Chesapeake &
Ohio Railroad, whence he was taken by
train to Ashland. It was only with dif-
ficulty that the enraged citizens wore
convinced that Botts was out of reach.
MANY MILLIONS
OF ACCUMULATIONS
OBJECT OF SUIT
in Equity to Secure Account*
ing of Financial Affairs of
Mrs. Mary Baker Eddy.
Sale
Tomorrow the La^st Da.y
or THIS
Great Half-Price Suit Sale
RECEIVER ASKED FOR
TO COiNTROL PROPERTY
CONCORD, N. H.. March 2.-~Develop-
ments regarding the bill in equity to
secure an accounting of th? financial
affairs of Mrs. Mary Baker Eddy, head
of the Christian Science organization,
v/hlch was filed in the Merrimack Su-
rerior Court yesterday, are awaited with
great interest. Leaders of the Chi isti m
Science Church apparently arc surprised !
at the bill, which was filed by George
W. Glover of Lead, S. D., the only sun
of Mrs. Eddy by her firsf husband; Mi;-;
\utrv Baker Glover, Mr. Glover's daugh-
ter, and George W. Baker of Bangor,
Maine, Mrs. Eddy's nephew. The de-
fendants named are Calvin A. Frye, Irv-
ing W. Tomlinson, Herman S. Herring
and Lewis C. Strang of this city; Alfred
Furlow, Ira O. Knapp, William B. John-
son and Joseph Armstrong of Boston;
Edward A. Kimball of Chicago, and
StephM A. Chase of Fall River, Mass.,
all of whom hold positions as directors
cr trustees in the Christian Science
Church.
Mrs. Eddy Incapacitated.
The petition affirms that Mrs. Eddy is
incapacitated, through infirmities inci-
dent to old age, to manage the affairs
and protect the property with prudence
and discretion against undue influence,
control or fraud of others or take charge
of and manage the present legal proceed-
ings and that Mrs. Eddy lives under the
charge and is in the custody of the de-
fendants, Fry and Strang, and that very
few persons are allowed to see her ex-
cept for a few minutes.
Mr. Glover further claims that in the
last twenty-five years his letters to his
mother never had a direct reply from
her and, from other matters relating to
his attempts at correspondence, Mr.
Glover states in his petition that he "be-
lieves that Mrs. Eddy is surrounded by
designing persons who are using her and
her condition for their own selfish ends."
The petition then sets forth "extensive
and valuable" real and personal property
of Mrs. Eddy and alleges that the de-
fendants and others "manage the same
solely according to their own will and
pleasure."
Charge Wrongful Conversion.
In dealing with the revenue accruing
to Mrs. Eddy from her writings, jour-
nals, the Massachusetts Metaphysical
College for teaching pathology, spiritual
power of the science of metaphysical
healing, the plaintiffs set forth, probably
several million dollars have netted to the
leader of the cult. The petition alleges
"there is abundant reason to believe the
defendant and associates wrongfully con-
verted to their own private uses, or other-
wise misappropriated or unlawfully di-
verted, large sums of money and large
amounts of property of the said Mary B.
Eddy. These, the plaintiffs claim, the
defendants should now be adjudged to
have been trustees thereof and be com-
pelled to give an account thereof and
make restitution thereof."
In closing, the plaintiffs pray that the
defendants "be enjoined during the pen-
dency of present suit in equity not to
interfere with or undertake to manage or
control any business or property of Mrs.
Eddy or do any act whatever in her
name or behalf under any power of at-
torney, and that a receiver or receivers
be appointed to take possession of all
property and manage all her business
affairs and make such ultimate disposi-
tion of all her estate as this court may
hereafter decide to be wise and prudent.
—
KILLS THREE POLICEMEN.
Negro Desperado at Fayetteville, N.
C., Makes Desperate Fight.
Militia Called Out.
WILMINGTON, N. C.. March 2.-A
special from Fayetteville, N. C., says
that Policeman Owen Lockamy was shot
and killed tonight and Chief of Police
A. Chnson, was fatally wounded and has
since died and another officer was prob-
ably fatally wounded by Tom Walker, a
negro desperado.
The chief and two officers had gone to
Walker's house to quell a disturbance,
and were fired on.
Several pistols in possession of the
negro were emptied.
Walker was suspected of illegally sell-
ing liquor at the house. He fled after
the shooting.
Governor Glenn, fearing trouble it the
negro should be captured by tho posses
now In pursuit, has telegraphed the Fay-
etteville militia under command of the
Mayor. Bloodhounds are on the way
from Wilmington on a special train.
Walker Is Arrested.
WILMINGTON, N. C., March 2.—Tom
Walker, the negro murderer of two mem-
bers of the Fayettville police force, has
been arrested at Dunn, N. C.
New Pastor Arrives.
Special Telegram to The Express.
RIO GRANDE CITY, Tex.. March 2.—
Rev. Ignacio Escalante, who was recently
appointed to the pastorate of the Meth-
odist Church at this place, has arrived
with his family. Rev. Pedro Grada, his
predecessor, will remove his family in a
short time to his new appointment.
Visited by Federal Officers.
Special Telegram to the Express.
RIO GRANDE CITY, Tex., March 2—
J. W. Vann, Collector of Customs for the
Brazos de Santiago district and Noah
Allen, Assistant United States Attorney,
both of Brownsville, made a visit here
this week on official business.
TEN DOLLARS
Will buy a better suit at Washer Bros.
Co. tomorrow than you ever expected
to be able to secure for so small a sum.
Heavy purchases for spring are coming
in daily and what remains of these
medium weights must be closed out
tomorrow—no matter the sacrifice.
You have your choice of these smart suits,
the handiwork of the most distinguished makers
of strictly high-grade apparel. Everything—single
or double-breasted, blues, blacks and fancies, in
garments that have been selling regularly
for S20.00 and $18.00
Tomorrow's
Fina^l
.C o'iCC .......
Final Reduction irv Men's Trousers
You buy them for just one-third less the regular selling price. They are in
medium weight materials, in the snappiest patterns we were able to secure;
"full peg tops." Every price saves you a goodly amount.
$9.00 Trousers $6.00 $6.50 Trousers $4.35 $4.00 Trousers $2.70
$8.00 Trousers
$7.50 Trousers
$7.00 Trousers
$5.35 $6.00 Trousers $4.00
$5.00 $5.00 Trousers $3.35
......$4.70 $4.50 Trousers $3.00
Our Spring Hats
All the newest colorings In exclusive
shapes, either soft or stiff.
Dunlap's Derbys $5. John B. Stetson's soft
and stiff hats $3.50 to $15. The Guyer soft
and stiff shapes $3.
g>>! ii
m
$3.50 Trousers
$3.00 Trousers
$2.50 Trousers
$2.35
$2.00
. .$1.70
1000 , v ...
* . C« KOTM
Chit***
Soft Bosom Shirts
An inspection of this line will easily de
cide your soft shirt problem.
Manhattans $1.50 to $3.50
Washer's Special. .$1.00 to $3.50
New Low Quarters
You should not buy your spring low quar-
ters until you have seen the great assort-
ment of shapes we are showing in patent,
gunmetal and vicis—lace and button.
Priced $3 to $6
HAIL STORM VISITS SIMON.
Accompanied by High Wind and
Heavy Rain Storm Damages a
Number of Buildings.
Special Telegram to The Express.
SINTON, Tex., March 2.—A severe
wind storm, accompanied by hall and
heavy rain, struck this place. Several
buildings were damaged and tops were
blown from several cars in the railroad
yards, but no serious damage has been
reported.
There is now a fine season in the
ground and farms are in fine shape for
planting, and prospects good for another
good crop throughout this vicinity.
Langtry Gets Only a Shower.
Special Telegram to The Express.
LANGTRY, Tex., March 2.—Langtry
was refreshed by a light shower Thurs-
day, but not sufficient to help the stock-
men, the range now being very dry and
stock water low.
Heavy Rain at Yoakum.
Special Telegram to The Express.
YOAKUM, Tex., March 2.—Last night
the second good rain of the week fell
In this city. This rain was almost as
heavy as was the first one and has fur-
nished all of the water the ground needs
at present. Every farmer has his ground
in fine condition and ready for plant-
ing.
Wind and Rain at Uvalde.
Special Telegram to The Express.
UVALDE, Tex., March 2.—A slight rain
fell here, accompanied by a heavy wind.
Farmers are needing rain, although the
ground is still In good shape for plowing.
Rain Brings Relief.
Special Telegram to The Express.
HENTLE, Tex., March 2.—A light
shower fell here, which relieves the farm-
ers some. Farmers are busy planting
corn.
D'Hanis Gets Rain and Hail.
Special Telegram to The Express.
D'HANIS, Tex., March 2.—A fine rain
fell here, lasting about an hour. There
was considerable hail. Farmers will be-
gin planting as soon as they can get Into
the fields.
SALVADOR ASKED
TO STATE ATTITUDE
IN PRESENT WAR
Honduras Wants Her Neighbor
to Announce Whether It is an
Enemj or an Ally.
IMPORTANT BATTLE
WON BY NICARAGUA
WEDDINGS.
Willaby—Alexander.
Special Telegram to The Express.
OAKVILLF, Tex., March 1.—Married,
Wednesday night, at the residence of the
bride's parents, by Rev. Irving Henry,
J. G. Willaby and Miss Lena Alexander.
Kroescke—Dauer.
Special Telegram to The Express.
NEW BRAUNFELS, Tex., March 1.—
Miss Frldn Dauer and Willie Kroescke
were married Wednesday, Rev. G. Mur-
limweg officiating.
Broadway—McGuffin.
Special Telegram to The Express.
STOCK DALE, Tex., March 1.—Lewis
Broadway and Miss Dola McGuffin were
married last night at S o'clock at the
Christian parsonage, Rev. Carnes, pastor
of the Church, officiating.
WASHINGTON, March 2.—The Ameri-
can Legation at Tegucigalpa, Honduras,
has informed the State Department that
the Government of that country has
called upon the Salvadorean Minister to
secure from his Government a categor-
ical reply to the question as to its atti-
tude in the present war between Nica-
ragua and Honduras—whether it is an
ally or an enemy of Honduras.
A cablegram received at the depart-
ment from a Central American source is
to the effect that a naval expedition is
leaving a gulf port of Honduras to at-
tack Bluefields, Nicaragua.
The American Legation at Tegucigalpa
cables that the Government of Honduras
has assured it that all the hights and
guarantees of foreigners holding property
and concessions in lands In Honduras
will be respected.
News of an important engagement be-
tween the forces of Nicaragua and Hon-
duras was received at the State Depart-
ment today in the shape of a cablegram
from the American Consul Olivares at
Managua, Nicaragua, as follows:
"El Corpus, Key of position at Tegu-
cigalpa was taken by Nicaragua today.
Four battalions of Nicaraguans and a
strong force of Hondureans were en-
gaged. The action was brilliant."
FEAR TROUBLE IN SALVADOR.
Absence of News of Inauguration Sug-
gests Revolution.
MEXICO CITY, March 2.—The complete
lack of news from Salvador for three
days past is the cause of considerable
speculation in Mexico City as to the ex-
isting conditions in the small Central
American Republics.
General Flgueroa should have been
Installed as President of the Republic
yesterday, and It Is almost invariable
that when a new President is installed
In one of the Central American Republics
without trouble, an official dispatch to
that effect is sent to Mexico City. As yet
not a word has been received in Mexico
City from San Salvador relative to the
Inauguration. This fact, taken in con-
nection with the news received some time
ago stating that a revolution would break
out before or Just at the time when Gen-
eral Figueroa attempted to assume of-
fice lends color to tho belief that trouble
has started in Salvador.
MORE AMERICAN SHIPS.
Increase of Naval Force in Central
America Deemed Expedient.
WASHINGTON, March 2.—Develop-
ments in the war in Central America,
with the indications that at least four
of the Republics may become involved,
have led the State and Navy Depart-
ments to consider the expediency of in-
creasing the American naval force in
these waters and it is probable that within
a few days several other ships will be
ordered to reinforce the Marietta and
Chicago in protecting American interests
there.
Powerful Interests Behind Suit.
NEW YORK, March 2.—Public spirit-
ed citizens, powerful and wealthy, ac-
cording to the World today, are behind
the suit instituted in the courts of New-
Hampshire by a son of George W.
Glover and other relatives, to secure an
accounting of the financial affairs of
Mrs. Mary Baker Glover Eddy, head of
tho Christian Science Church.
-<0
HOLDING OUT FOR ADVANCE.
Only Four Members of Cleveland
Team Start for Practice.
C LE V ELAND, O1., March 2.—Only-
four members of the Cleveland Ameri-
cen League team showed up tonight
when the club was scheduled to leave
for Hot Springs, Ark., to go into spring
training. The four who left were Pitch-
ers Bernhard, Hess and Moore and
Catcher Wakefield. Bernhard, who goes
as acting manager, said that while dis-
appointed that Joss and Rhoades did not
accompany them, ho felt sure they
would join them at Hot Springs later.
Joss and Rhoades are holding out for an
advance In salary.
FBNE HORSES
'"i
A "plug" will cost as much to keep—require as much
care and attention as a fine horse, and you don't get half
the satisfaction or pleasure lp ills use. "Good looks'' are
far from making a "good horse," but combined with good
qualities, reliability and trustworthiness, it's a big part of
the measure. The point we are trying to turn is this: If
you are In the market for a good horse or team, we are In
a splendid position to meet your requirements, with good,
sound, reliable horses, fairly priced.
Let U3 show you—"the pleasure's ours."
FRED SMALL
HORSE CO.
3IS Dwyer Ave. Both Phones 1206
—
M'i
^ ■
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The Daily Express. (San Antonio, Tex.), Vol. 42, No. 62, Ed. 1 Sunday, March 3, 1907, newspaper, March 3, 1907; (https://texashistory.unt.edu/ark:/67531/metapth442390/m1/3/: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Abilene Library Consortium.