The Houston Post. (Houston, Tex.), Vol. 24, Ed. 1 Sunday, October 25, 1908 Page: 9 of 48
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INJUNCTION IN THE
WEBB COUNTY CASE
Attorney General Acts in the Matter of the Al-
leged Fraudulent Poll Tax Receipts.
An Injunction eult to prevent th cast-
ing of a I a rye number of rotes on al-leg-ed
frandulent poll tax reoelpts Issued
In Webb county was filed last night In
the Sixty-first district court of Harris
county by Attorney Uenaral R. V. Da-
vidson In behalf of the State of Texas
(Frank B. Earnest of L Balle county
Texas the democratic nominee for dis-
trict Judge of the Forty-ninth judiclnl
district of Texas and John N. Garner
the democratic nominee fur congress.
The petition was presented to Judge
Norman O. Klttrell by Assistant Attor-
ney General Claude Pollard and Judge
T. D. Cobbs of Ban Antonio and a re-
straining order waa Issued in accordance
With the prayer of the complainants.
Those who are named as defendants
In the case are George It. Page M.
Munos Amador Bandies J. M. Gonzales.
L. R. Ortls. J. M. Rodrlguei. B. J. I.eyen-
decker. J. F. Mulally. John A. Vails.
A. M. Brunt. C C. Pierce Manuel Hai -rera
C. R. Molina Honors Llgardo J.
V. Benavides and R. V. Martin all cltl-
elis of Webb county and the Indepen-
dent club and the reform club both In-
corporated political clubs.
The officers of the independent club
are alleged to be George K. ra;e. presi-
dent and M. Munos. necretary and Ama-
dor 8anchex la president and J M. (Jon-
pales is secretary of the reform club.
Judge Cobbs and Assistant Attorney
General Claude Pollard spent the day In
xousLon yesterday preparing the papers
rued. '1 lie style or the suit. Is
Itate of Texas et tit vs. (eorge It.
Injunction suit Is similar to one
Iwo years ago in Auntln In which
IT Judge Victor Lirooks granted an
i lion restraining the casting of
12600 Votes for the republican noml-
i .in rveoo couiiTy.
I 1 purpose of the present suit Is to
C In the casting or counting of nlxmt
win mm mnu t it vnAm r.aii.iriian
receipts were Issued.
ikjnjunot Ion sought by the complnln-
againsi ueienuanis named
M and their members county offl-
4d tbetr successors In offlre and
gee of election and their succes-
lofflce and all other parties con-
I'fritn tne election or any of tho
Herein who are alleged tn have
and conspired to violate the
Is alleged that the above named
forever restraJned from using
ihe alleged Illegal im.I1 lax es for
Ose of being voted or In any
nffor assisting the alleged illegal
it-the election oy the use. of snld
receipts or encouraging the
I use the same wheresoever Hie
(Illegal or to do any act or thing
IU affect the full and free vote
fgsi elector or 10 me ena mat
if Of the ballot box may be pre-
ree from rraud or Illegal vote
the will of the people and the
iera snail tie expressed at the
and untrammelod from the al-
awtul acts of the defendants
rther stated that It Is the duty
arts of the oountry to bring to
klon of the grand Jury Illegal
(id the State of Texas stands
jr. tier legislation to protect the
"the ballot box- and It Is al-
flln that eaoh and every officer
nd State la Interested In this
nd are attempting to aeoura
f those Voters whose poll taxes
4 hava been-paid by them
eld that Itlli case la whloh
rwMr w rtmw uaisaa u
insy w itdh muses u
g-h' ' f'lr?tt: : J ' . ; tVV 1
If f 0 W
I 1 1 1 Tl.'.i l I -I
equity powers of the court are extended
to now prevent Illegal voting.
Besides the prayer for mandatory In-
junction the petitioners ask for a can-
cellation of the poll tax receipts.
It Is first alleged by the complainants
that at the primary eloctlon held July ii.
1!0 Frank It. Earnest was nominated for
the office of district Judge of the Forti-
eth Judicial district and that Hon. J. N.
Garner was nominated for congress for
It is next alleged that at the Judicial
convention of the republican parly J. F.
Mullaly was nominated for district Judge
John A. Vails for district attorney ".
Pierce for the legislature. I. W. Moore
for congress J. M. Rodrigues for county
iudge. L. R. Orlti for sheriff Honors
lgarde for tax collector B. J. Leyen-
dorki'.r for tax assessor George R. Page
for county clerk J. V. Bcnuvldea for
county attorney R. V. Martin for district
clerk and A. M. Brunt for treasurer and
that all the nominees both democratic
andepubltcan received their nomination
by' virtue of the Terrell election law.
It is further set forth that both the
democratic and republican parties have
complete tickets to be voted upon at the
general election on November 3 and com-
plainants aver that their nominations
constitute a valuable personal and prop-
erty right which Is secured to them and
protected by law. and that If a fair hon-
est and legal election shall be held and
siio Illegal voting allowed they will be
elected; Din tney aver mat tne defend-
ants and others to the complainants un-
known have entered Into a wrongful
fraudulent. Illegal and crlmnal conspiracy
to prevent the holding of a fair honest
and legal election by tne casting and vot-
ing thereat of a large number of fraudu-
lent and Illegal votes against complain-
ants and to thereby defeat their election.
The complainants allege that they do not
seek to restrain the holding of the elec-
tion but to prevent the casting of Illegal
votes In pursuant to tho fraudulent con-
spiracy. The petitioners further charge that the
purpose of the political clubs Is to secure
among other things poll taxes and to pay
for them out of the funds which A'ere
contributed and secured by the politics!
clubs and to use such tax receipts to oast
Illegal votes at the coming election
The petitioners further allege that Webb
county has a population of more than ll-
000 and l.nredo a population of 10.000 In-
habitants and that under the law in all
counties which have cities of 10000 Inhabi-
tants voters must appear In person and
pay their poll taxes.
It Is further charged that all of the
defendants hnvo entered Into a fraud-
ulent and Illegal consplraoy for the pur-
pose of violating the Terrell election law
and for the purpose of voting Illegal
voles at the ensuing State election which
occurs on November 1 and have so con-
spired to vote all parties for whom they
have purchased Illegal poll tax receipts
against Ihe democratic nominees nnd
more especially petitioner Frank B.
Knrnest and John N. Garner.
It Is further alleged that money was
paid to voters for the express purpono
of Inducing said persons lo pay their poll-
lex and that In many Instances poll tax
receipts were not retained by the parsons
to whom tho money was paid but were
turned over tn the defendants In charge
of the club headquarters.
The petitioners further charge that the
ronspliacv Is so farreachlng as to em-
brace within Its membership and organ-
ization all the officers residing In Webb
county. Including the district Judge of
(he district the district attorney of the
district and all of the officers In said
county from constable up and Including
tho county Judge-
It It further alleged by (he petitioners
that the county Is wholly without the
power w prooocuis any of IPS Yieiaiors
power to prosecute toy of tfc violator!
of the law for illegal voting. That the
organization is so perfect and complete
and defiant of law so open and noto-
rious that all of said officers will be re-
elected unless restrained from carrying
out and perpetuating this alleged illegal
It Is further alleged that the court of
equity haa the power to grant the relief
and that a Judge out of the district Is ap-
plied to to grant this writ of Injunction
because the district Judge of that court
Is an Interested party. He is a candidate
for the office of district Judge nominated
by the republican party.
It Is further charged that the manner
In which the clubs enforce their elections
Is by means of officers and agents ap-
pointed by them to carry out the details.
The petition further charges that not-
withstanding the fact that the law re-
quires the commissioners court to appoint
reputable men who are qualified voters as
Judges of the election the presiding
Judge to be a member of that party which
east the largest vote for governor at the
last election the commissioners of Webb
county have named presiding Judges
some of whom are not members of the
democratic party. The Judges and asso-
ciate Judges of the various polling pLices
In Webb county are named In the pe-
tition. In concluding the petitioners pray that
defendants who have or may have pos-
session of said alleged Illegal poll tax
receipt be enjoined from using or caus-
ing the same to be used as a basis for
votes and shall be made and required to
forthwith produce and deliver said poll
tax receipts for cancellation and that the
sumo shall bo filed with the clerk of the
district court forthwith and that he shall
save the same and Idjfd same In the cus-
tody of the court anv shall prevent them
from being taken from the records or
files In said court to be voted or other-
wise until the further orders of the court
and to abide the decree or this court for
the purposes of cancellation thereof and
for safekeeping shall deposit them in the
1aredo National bank and take receipt
from said bank.
Further that the defendants especially
the sheriff tax collector county clerk
their successors In office the Judges or
election or their successors or any one
who may be Judge of said elertlon. shall
I he likewise compelled to so correct tho
I lists which they -are required to furnish
to the judges of tne election or to rurnisn
for the purpose of having such list at
the election by striking out and erasing
from the list all of the names of the
voters alleged so that neither they nor
their successors fn office shell have or
hold a list of said illegal voters except
however that this petition does not apply
to any voter who has a legal right 10
vote having secured his poll tax in tho
manner provided by lav
Further that each of the defendants
and employes be restrained from deliver-
ing possesion of said poll tax receipts or
certificates of any kind to any of said
Illegal voters and shall deliver them to
no one save and except the clerk of the
I'istrlce court for the purpose of canceHa-
tlon. Further that each one of Ihe Illegal
voters who has not procured his poll lax
Or certificate of exemption as required
by law or who has a poll tax receipt
which was paid for by money contributed
shall be restrained from obtaining pos-
session Of saW alleged Illegal tax receipts
or from using same and in case plaintiffs
shall lie mistaken about the name of any
one of the defendants named as being an
Illegal voter that said defendant by
tiling a full affidavit In this case In re-
sponse to this petition to the effect that
he had paid said poll tax and has not
L received any money or other thing from
any or saia aeicnoants or liieir sgenis rnr
the purpose of parttig said poll tax. or
fcecured his exemption In person and In
manner and form required by lnw
and that the same was delivered to him
. Ih person and in the manner and form
required by law by Ihe tax collector. Hut
no affidavit shall bo made and poll tax
or exemption relee J until plaint irr at-
torneys are notified of the time nnd place
. same wfll be made and who stjall have
the right to csess question the parson
reaklrnjb-sald affidavit and the officer be-
fore wham same Is made shall state In
said affidavit; In the answers of said per-
son to aald questions and no poll tax re-
ceipt or exemption certificate shall be
released when objection Is made thereto
. by the attorney for the plaintiffs.
Placed Under Bond.
William Henry Green who' If being held
on two complaints charging him with
roewng po cars u uw axissvun ninww
robbing bos cars In the Missouri KansAs
and Teraa yards during the early part
of last week was given an examlnlnay
trial before Justice of the Peace M. Mo
Donald yesterday arternoon and placed
under bond In the sum of t00 In eacn
ease to await the action of the grand
THE DEATH ROLL
MRS. ANNA AUTRY.
The death of Mrs. Anna Autry occurrod
at 2 40 o'clock yesterday afternoon at
3018 Montgomery avenue. The deceased
was 72 years of age at the time of death.
The funeral will take place from tho
residence at 3 o'clock this afternoon
with Interment In the Oerman cemetery.
MRS. J P CHRISTIAN
News was received In Houston of the
death In New Orleans of Mrs. J Chris-
tian nee Miss Pauline Ouerln. daughter
of Mrs. 8. A. Guerln of this city. The
remains will be brought to Houston (or
Interment. The deceased was II years
of age and besides her husband she la
survived by one child. Mrs. Christian had
been residing In New Orleans a little
over a year.
Walter Wall. Z7 years old. died at a
private sanitarium In Houston at t
o'clock yesterday morning. The body
hwas turned over to the ettegasi-ivopr
aompany and Is being held awaiting in
etructlons from relatives.
FUNERAL OF JULES DUFUA
The funeral of Julee Dufua whosi
death oeoured Friday took place from
the residence of G C. Street. 13u- La
Branch street yesterday morning.
Alleged Purse Snatcher.
William Lofton a negro who Is being
held on a complaint charging him with
theft from the person was given an ex-
amining trial before Justice of the 1'eaoe
M. McDonald and placed under bond In
tie sum of $300 to await the action of
the grand Jury. leftnn Is alleged to ha-e
snatched a pocket hook and a dime ba ik
from a negro woman about 8 o'clock F'"l-
dny night at the corner of Washing! n
aenue and Fifth street.
Boy'i Arm Broken.
W lille playing on the swinging lad ter
ere -ted at the Fannin school by the
Mothers' club Edward Sterrett the n
of r. 11 Sterrett a pushed head fist
frot i the ladder by a larger boy and In
falhng caught one of his arms In socb
a noinner as to break It near the wtHt.
The Injured arm ss set by Ir. O. L.
STENOGRAPHERS HOLD SESSION
Officers Are Elected and Next Meet-
ing Goes to Fort Worth.
(Houtton rest 5fffiel.)
DAI.LA8. Texas. October "4 The
Rtate Association of Stenographers n.et
In Dallas today and selected Fort Worth
1 as the city In whl l to hold the meeting
Claude McCaleb of JTort Worth was
elected president of the organization for
the ensuing year The other officers or
the association as elected today are:
Vloe oresldenf. W P Garnett of Gaines-
ville; socrctary-treiiHiirer Mrs. H H.
Hawkins of San Angelo.
TORPID LIVER CURED.
Ra-ba-net Liver Tablets' the Calomel
Substitute Do the Work.
They will posltuely relieve disordered
liver biliousness. onstlrjatlon. '.ck or
nervous headache dlstlnass torpid bow-
els and kidney troubles. These i in v lit-
tle tablets can he taken by the most
delicate with plenrure; their a' Hon la.
pleasant. Price 2.v a package.
If your druggist hssn t iWba-nete Liv-
er Tablets in stock lie csa get them tor
von.- If he will not. mall us 2Sc ptamue
for a box. Baben Contany Houston
g. a t..
Will more fully appreciate the greatness of Houston and its mammoth
industries when their meals here are served with a bottle of that de-
lightful refreshing and healthful extract of barley hops and rice
The Bottled Beer of Highest
It is to be expected that hundreds of new friends will be made for this
delightful beverage who will join the thousands who demand this fa-
vored brand There is most positively no better purer or more de-
lightful beer made anywhere by anyone. We guarantee that you will
make no mistake in demanding Southern Select. It's mild. It's
a perfect beer for family table lunch and as a between-meals beverage
ASK FOR IT.
HEARST READS MORE
(Continued from Page One.)
Judge Morlson la today a member of the
superior ben oh of Pennsylvania and that
he reached that high position either
through his ability and Integrity' or
through his 'familiarity with gas and oil.'
" 'Our company' as Mr. Archbold
phrases It has Interested Itself In other
Judges before. Tes Indeed 'the oil and
fas Interests on the western part of the
tate' were so important to 'our com-
pany' that It needed several Judges.
"Mr. Archbold had written other letters
to Governor Stone and here Is one of
" Hon. William A. Stone Harrisburg. Pa.
" "X Broadway September 6 1900. My
Dear Governor: Will you permit me to
say that If It seems consistent for you to
appoint Judge Henderson of Meadvllle
Pa. to the vacancy In the supreme bench
caused by the death of Judge Green; it
will be a matter of Intense personal sat-
isfaction to me. I am sure 1 need not
occupy your time with any argument as
to Judge Henderson a fitness either as to
character or legal qualifications.
" 'With high regards. I am. very truly
yours John D. Archbold.'
WHAT "OUR COMPAHT" WANTS.
"We observe from this letter that any
discussion of a Judge's character or legal
qualifications la a waste of the governor's
valuable tlme What 'our company is
Interested In Is his 'familiarity with gas
"Hero again. It may be remarked cas-
ually that either because of bis 'char-
acter' and 'legal qualifications' or be-
muse of bis. 'familiarity with gas and
oil' Judge Henderson also occupies a po-
sition on the superior court bench of
"We now finally come to a batch of
correspondence of much Interest and sig-
nificance. I will read It without com-
ment. " 'lion. J. P. Elkln Attorney General.
""'6 Rro.idway September IS. 1899 -(
Personal i My Iear Mr. E:kln: Re-
sponding to your favor of September 25.
11 gives me pleasure to enclose herewith
letter of Introduction from Mr. William
Rockefeller. Mr. J. W. Weaver to Mr. H
McK. Twombley. We hope the letter will
lie of service. Very truly yours.
" John D. Archbold.'
" 'Hon. John P. Klkln Indiana. Pa.
" 'March 15. 1900. Telegram received.
We do as requested.
" "John I). Archbold '
ANOTHER DEPOSIT CERT1FICATK.
" John P. K.lkln. Indiana Pa.
" "2 Broadway. New York. March lf.
1900-(Personal .) My Dear General: In
accordance with your telegraphic request
of today. I ne to Inclose you certificate
of deposit to your favor for SfsOOO In ful-
fillment of our understanding. Very truly
yours. John D. Archbold.'
" 98 Rroadway. February . 1900 My
lear General In accordance with the
request In your telegram of yesterday I
now beg to Inclose you certificate of de-
posit lo your favor for tlO.Ono. kind ac-
knowledgment of which will oblige. Very
truly yours. John D. Archbold.'
HAVE IT KILLED
" 'Hon. John Klkln. Indiana Pa.
" '28 Rroadway. May 101. My Dear
General: I Inclose copy of a measure
pending I am not sure whether In the
house or senate It being an act to amend
existing statute as slated. For reasons
which seem to us potent we would great-
lv 'Ike to have this proposed amendment
killed Won't you kindly tell me about
It and advise me what you think the
chnneee aret Very truly yours
" John D. Archbold '
Hon. John P. Elkln. Attorney Oeneral.
ICLKIN SUPREME JUDGE NOW.
I submit this correspondence to the
dtliens of the United States la tho con-
viction that they are amply ablo to draw
their own conclusions ..
i - -
1 will stata however tor too nivrslssy
Quality and Finest Flavor
?tk'v " "c?i!sk.
Dr. Tenill s latest
is easuy tne most
kind ever written
man young or old In America. SEND FOR IT TODAY. This book will fco
sent ABSOLUTELY FREE to any address If you mention this paper.
Visitors to the
Are cordially Invited to call upon Dr.
PERT opinion of their conditions.
OFFICE HOURS: A. M. to
DR. J. a TERRILL Pres't.
TERRILL MEDICAL INSTITUTE INC.
285 Mill Street
Hon of the cltlwns. that Mr. John P.
Klkln Is now a supreme court Justice of
the State of Pennsylvania.
"I do not know whether Mr. Elkln ob-
tained this honorable position because
of In Independence of corrupt Influence
ami his loyalty to the people or tiecause
of lijs personnl ability and his lofty In-
tegrity or becuuse of his 'familiarity
with ichs and oil.'
"Mr. Klkln was elected at the last elec-
tion but In the Stato of Pennsylvania a
nomination ly tl e machine is equivalent
to an appointment.
"1 am opposed to Ihe appointment of
JuiIks ami 1 am opposed to combinations
lwtwoen the tosses of both the old par-
ties to make mie Jud:e the only candi-
date offered the electorate."
Stone Doesn't Remember
(. Usoctated Vress Report.)
1'ITTSm'KQ. Pa . October 24.-Wllllam
A. Stone former governor of Pennsyl-
vania when shown a copy of the letters
malc public tonlKht by Wllllnm K.
Ilenrit inioh- the following statement to
the Ai-s.M-lnted Press:
l' ic no personal recollection of re-
ceiving th letters. Mr. Henderson was
not appointed to the supreme bench hy
me. therefore the letters did not Influence
In that appo'ri'm'nt.
Elkin Makes No Statement
(jcrtald Prtss Rtport.)
riTTSm'UO. Pa. October 14 Judg-j
John V. Klkln was reached at his home
tonlirht by phone. When tne letters
Mr Hearst mnde public tonight
were reiiil to mm me juuge saiu lu in
"I Tihvo no statement to make at the
present time. I have nothing to say until
I tune seen the letters."
The Dallas Races.
(Houtton Post Sptcial.)
DALLAS. Tesas. October 34. What was
approximately the largest crowd that
ever attended a racing card In the South
and one of the greatest throngs In the
history of the turf on this continent wit-
nessed Ihe seventh day's offering
Five furlongs Swing (J. Howard. 10)
r. to 2. won: Coat Cutter (J. W. Murphy
!S) 7 to 2. second; Maria (Bulwell.
E0 to 1. third. Time l:14Vj. Mapstta
Apron Nolle. Flggle Miller Versaln also
Six furlongs Fernanao ij.
Who Are Nervoiis Unstrung
Are quickly sorely and permanently
cured if really good treatment is
used. Dr. Temli's original and ex-
clusive methods of treatment are
conceded hy everyone to be the most
rational and correct to be obtained for the
following diseases peculiar to the Male Sex:1
STRICTURE KIDNET BLADDER
VARICOCELE and PROSTATIC
BLOOD POISON TROUBLES
If You So Desiri You Can Pay Wbea Ccrci
Consultation. Examination and Dr. Terr-ill'. Smart A A vie
and best book on the Maladies of Man
valuable and complete treatise of Ita
and It should ba In the hands of snr
State Fair at Dallas
and obtain his FREE
P. M. Dally Sundays Included.
10). 2 to 1. won; Hancock (ButwelL Vi
2 U 1. second: B J Swanner (Moles Y
worm. ion. 10 to 1. tnird. Tims 1:2
Miss Delsney Constancla. Haywood H.U-
den Hand also ran.
Mile and a sixteenth Ounston (J.
Reed 89) 6 to 1 won; T J Powell
(Mole worth 104) 8 to 1 second; John
Mc Bride (J. Howard 104). 4 to 1 third.
Time 2:0A. Mrs. Annie Proteus. Trans-
lucent. Duke of Montebello also ran.
Six furlongs Sensible (Butwell. 115). I
to 1 won: La Salle (Howard. 116). 4
to 1 second; John A. Monroe (Monroe
IIS). & to 1. third. Time John A
Horace H. Meadow. Otlllo also ran.
Five furlongs- Rublola (Howard. 101) 7
to 1 second; Lucky Mate (ft. Brooks
104). It to. 1. third. Time 1:10. The Slick-
er Miss Snack. Qus Cunlot. Mariana
Mrs. Flanagan Miniature also ran. v
Mlel and a sixteenth Flavteny (Reed.
) 4 to L won: Rulloba (Henry. -104)
6 to 1. second; Cocksure (J. W. Murphy.
104). to 6. third. Time 1:08. Adesso
Grenade. Alvlse. You Win also ran.
Five and a half furlongs Comal (How
ard. 0). 3 to 1. won; Little George
iCI.rlner. 114) 7 to X second; Arnile Dono-
hue (Butwell. 114). 7 to 1. third. Tlmo
1:1714. Royal Artillery. Sink Spring.
Guile. Pat Ornus. Virginia Llndsey alia
CUMBERLAND PRESBYTERUITa .
Trustees Are to Demand Surrender .
Of the Schools.
(Houston Pitt SHciaL)
DALLAS. Texas. October M. The Cum- '
berlsnd Presbyterian church did not go ;
bodily Into the Presbyterian church of
the United States of American when tho .y
apparent coalition of the two churches '
was made a few years ago. It seems Tho ?
Cumberland Presbyterians owned Trinity
university at Waxahachle and Texas Vw- 4
male seminary at Weatherford and It
seems the Presbyterian church of thO.V
United States of America thought tt took '
over these Institutions of learning with. ;
thai portion of the Cumberland PreabjHv ..
terian church that coalesced with It.
The Cumberland Presbyterian churoU :
havlng retained Its authority In aiKooossy :
In Texas it begs leave to differ from ta K
former iiurch and at Its synOd to ses-
sion In this city has formally Inatrooted .
Ita trustees by resolution to BMura writ- .
ten demand upon the represents ttres
the Presbyterlsn church of tho United
States of America to Mvronda 4hM
aforesaid Institutions of learning . s
The svnod adjourned to snoot BOX '
Ban Angalo. Tho wosaan'o ausvlo Boe-
not last Bight
s - WVMJV
1 ' ''v"J
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The Houston Post. (Houston, Tex.), Vol. 24, Ed. 1 Sunday, October 25, 1908, newspaper, October 25, 1908; Houston, Texas. (https://texashistory.unt.edu/ark:/67531/metapth604394/m1/9/?q=yaqui: accessed July 15, 2020), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .