The Houston Post. (Houston, Tex.), Vol. 27, Ed. 1 Monday, October 7, 1912 Page: 4 of 14
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QOUBTON DAILY POBTr ilOND AY ildnillKGrOCTOBEU 7.1012.
f AFT FEELS
M Main street. . A bulkrt; frwtt a
iS -caliber revolver entered his body Just
under and to the left of the heart coming
out under the right shoulder. Charlie Cox
of Demson was arrested on a warrant
charging murder and Is In Jail. Moore la
smrvivea by a widow and -two children.
His remains were shipped to Platter for
TELL OF FUNDS
Thinks Third Party Is Out of
The Twentieth Anniversary ot
Local Society Hed. v
Commissioner Robison Point-
ed Abases la Report
Th' President Thinks the Trend Is
Tuning- to Eepuolicans Espe-
cially in the Northwestern
Xemben tad Friend Gathered at
Stenferbund Hall Commemorat-
ing landing of Fore-
fathers. Sereral Instances "Cited Where Pri-
vate Ownership of Qnif Land Al-
most Thwarted Heasnres for
Development of Section.
Managers for leading Candidates
at Baltimore Will Appear Be-
fore Senate Committee.
; i - Associated Press Report )
Ti lXlLTON Mass.. October 8 President
i kni Mr. Taft ud their guest. Miss
j Mabel BoSrnman. spent a quiet Sunday
hr with Senator Crane. Th second day
it their alx day automobile trip through
t Massachusetts Vermont and Nrw Hamp
shire was In marked contrast to the first
la the morning the presidential party at-
tended church In Italton and late In ths
MterSooo motored to Senator Crane's
t-OO un try place seven miles away.
MSarly tomorrow me uiaj "' "
Vermont. On the way the president will
Malt th. bn-thDlace of his father at
J President Taft tonight summed up the
VUttcal situation as he sees it. in a
'atatemtn in which he said:
Wl Feels Encouraged.
if "I have reason to be satisfied with
(political conditions. I have been simply
iverwhelmed for days put with letters
"sund newspaper clippings shewing the
'trend of the tide toward the republl-
in party its platform ' and its candl-
dates 1 have been especially gratified
Jfcr the news from the Northwestern
States. Chairman Ullles of the republi-
tkan national committee who has been
'Visiting the northwest tells me that re-
IjiortBifrom all parts of those States bring
tjneoat gratifying evidences of republican
confidence and activity.
"The population of the northwest is not
Jpurpaxsed anywhere in the Intelligence
uid thrift and attachment to American
'institutions. The farmers of that part
o( the Union are convinced the third
"lerm candidate Is no longer in ins run-
tllng and that the choice Is between the
' 'pulliian platform and candidates on
r ithe one hand atld. on the other the
"democratic platform with its plank of
-m tariff for revenue only and its candi-
date. Governor Wilson who said in an
.address at Williams Grove Ta. that the
I farmer does not need protection. It is
unnecessary to explain to the farmer
what Governor Wilson's very frank
declaration would mean. lth Mr. Wilson
iln the White House and a democratic
majority In the capital.
i People Are Kept Busy.
f "The principal reason far the existing
prosperity is that under the republican
policy of home protection and trade ex-
pension while reaching for the foreign
market is not In danger of losieg the
home market. Our population is lncreas-
iing the demand for the necessities of
illfe Is Increasing proportionately and
thanks to active business and good wages
the people are able to pay tor what they
want to keep our industries busy supply-
ing their wants.
t "There Is no serious danger I believe
Ito our Institutions from industrial aglta-
Jtions. So long as such agitation keeps
! within legal bounds it Is not without
wholesome significance and may tend to
Improve conditions. When it passes be-
Vjrond the legal limit whether those self-
- .outlawed are connected with capital or
;wlUi labor it Is a menace to be dealt
kwith by lawful authority. Notwithstand-
ing occasional outbreaks of violence in
labor disputes there Is a growing
Siendency to settle difficulties by peace-
fful means and there Is undoubtedly manl-
test a much -more friendly and humane
J attitude on the part of employers toward
S employes than was apparent not many
i years ago. The golden rule is getting
ito be more and more a guide In business
las well as in religion. Social and econ-
omic conditions are growing better not
j worse and republican policies fostering
vand stimulating national prosperity un-
doubtedly tend toward this betterment.
The Quack Remedies.
"For the man or community enjoying
JfObust health quack remedies have little
effect no matter how vociferously recom-
(Btended as cure-alls for the body politic.
(The law of supply and demand along
With labor organizations and arbitration
saodi such legislation as may properly be
enacted governing hours of labor and
I Kates of compensation In the public serv-
'loe are adequate to deal with the wage
itiuertion. . A general minimum wage
should hare a tendency to bring down the
maximum to the minimum. Labor organ-
isatiofifl are well aware of this result
where an arrangement to that effect has
been entered Into with employers. How-
ever as I have said the American people
ere in no need of quack nostrums ami
too busy to listen to their vendors.
r .' High Cost of Living.
fC"The higher cost of living as I have
Mid before Is world-wide. The aim of
the. republican party Is to see that Amer-
ican workers are enabled to meet the cost
y Of living by keeping employed at good
. wages. It is a simple purpose and as di-
..rect and practical as It is simple and does
tnot need a volume of rhetoric to explain
JH ot get around it. While the cost of
. ' living so far as most of the necessaries of
r life are concerned is not so high here as
In Europe the wage earner here Is get-
Itlng from more than double to six and
seven times the wages paid in Europe.
"1 propose in dealing with the trust
'question to keep the great combinations
4 of capital within exactly the same control
4 as the city or cross-roads grocery pays a
'Federal license for selling cigars. 1 mean
that both shall obey the law. That's all.
Simple is it not? The Sherman law has
been and will continue to be enforced
against all violators. I have reeommend-
ed National Incorporation without ln-
frmglng on the right of the States to tax
corporate property but such Incorpora
tion would not suspend nor nullify In any
'degree the Sherman lsw or any other law
gainst monopoly In restraint of trade. I
am utterly opposed to the proposal to
have an Interstate trade commission flx-
ing prices and otherwise exercising con-
trol over business affairs. Such a con-
trot because net guided by law but by
personal discretion would be both despotic
and socialistic and no reader of history
.needs to be told that the two terms have
Terr close relation.
j'. High Praise for Marines.
"Beferring to International questions I
; think "that every one will agree that the
J. American marines in Nicaragua have con-
' ducted themselves in a manner worthy of
their flag and their uniform. That story
About sharing their rations with the
x starring women and children mlgit be
expected from such a fine body of men.
; It emphasises the time lines of the In-
stance given by the request and with the
consent of the government of Nicaragua!
: In putting an end to conditions shocking
: humanity. '
"Mexico seems to be emerging from Its
- troubles which have probably not been as
ba4 as reported. This government has
been careful to respect International peace
in dealing with the questions that have
arise la connection wlth'the disorders
that have afflicted our Southern neighbor
and I have hope and confidence that the
atriotie aptrtt of the Mexican people will
cad to complete restoration of the In-
ternal peace and harmony essential to
heir national welfare.
"In this connection ft rniay be added
hat 1 regard with favor the' suggest ion
o nam some of the fortifications of the
I'anama canal -one after the heroes of
' imixx.mTTsu patal
Mahomui 'Zjlled in Room Orer a
PCTISOK.Te.; October' . Louis
ore of Platter' Okla. was shot and
d shortly after 4 o'clock this mora-
ls a room over the MetropoUtaa cat
I Assonant Press Report.)
WASHINGTON. October 6 Investiga-
tion Into the 181t republican campaign
expenditures before the senate Investigat-
ing committee will be supplemented Mon-
day. October 14. by an Inquiry Into the
records of the democratic candidate who
participated In the struggle at the Balti-
Chairman Clapp has summoned Senator
Bunkhead. manager for Oscar W. Un-
derwood; William F. McCombs manager
for Governor Wilson; Lieutenant Gov-
ernor Nichols of Ohio manager for Gov-
ernor Harmon and former Senator Du-
bois manager for Speaker Clark to ap-
pear and submit statements of the money
received and expended In the primary
George W. Perkins has been asked to
testify before the committee Thursday
October 10. as bis campaign contribu-
tions into this and former campaigns.
The hearings reopen tomorrow wltn
Charles R Crane. Chicago; Ogden Mills
New York; Charles Edward Russell. New
York and former Senator Nathan W.
Scott of West Virginia the ehlef wit-
nesses. Charles P. Taft brother of the
president and Charles D. Hllles cbalr-
iflan of the republican Natldiial commit-
tee are scheduled to appear Wednesday.
JOB FOR BRYAN.
Ollle Jimei Says Nebrstksn Will Be Wil-
son's Attorney Qsnersl.
Houston Post Sfrcijl.)
VINCEXNKS . Ind.. October 6. Just
what will he the position of William Jen-
nings Bryan after the November election
especially should Wilson be elected has
occasioned much comment. lVrhaps the
most logical solution of the question so far
offered was that of Senator-elect Ollle
James of Kentucky. In a speech here last
night the Kentucklan asserted that the
Commoner will be United States attorney
BURIED AT ORANGE
Eight Hundred of H. J. Lntcher'i
Former Ebployes Were Pres-
ent at Funeral.
(Houston Port Special.)
ORANGE Texas October 6. The last
sad rites were performed here over the
remains of Henry J. Lutcher. the late
president of the Lutcher & Moore Lum-
ber company who died on W'ednesday
morning from a stroke of paralysis this
afternoon at t o'clock. The remains were
removed from the residence to the mag-
nificent Lutein Memorial church do-
nated by the Lutcher estate to the Pres-
byterian congregation at 10:30 this morn-
ing where hundreds of friends looked in
the face of the man of great accomplish-
ments for the last time.
The services held at the church at
which the pastor. Rev. E. T. Drake pre-
sided were deeply Impressive on the au-
dience that filled the large auditorium.
From the church a concourse of sorrow-
ing friends and relatives perhaps the
largest ever witnessed in Oftinge. fol-
lowed the remains to Evergreen ceme-
tery. At the mausoleum in which tha.
casket was laid with beautiful flowers
the choir sang In low tones "Nearer My
God to Thee" after which a few brief
remarks were made by Pastor Drake.
A Btrong tribute to the memory of the
deceased lumberman was the presence of
more than 800 of his former employes In-
cluding both white and black scores of
leaning lumbermen and prominent busi-
ness men from other cities as well as
the citizenship of this city and surround-
ing communities en masse.
The floral offerings were many and
beautiful. Every business place In the
city was closed for two hours during the
funeral of respect to the decedent.
THE DEATH ROLL
FUNERAL OF MRS. BURNEY.
The funeral of Mrs. R. A. Burncy of
Galveston who died In Houston Satur-
day night at the home of her sister Mrs.
George W. Guinea will be held this morn-
ing at 10 o'clock from the residence of
George W. Gaines 704 Pallas avenue the
Rev. Mr. R. M. Hall of Galveston offi-
ciating. Services private. Interment in
Glenwood cemetery. Pallbearers; Pres-
ton B. Scott George C. Gaines. Percy
Thurlow Pearce W. J. Armstrong Ches-
ter H. Bryan George S. Bruce all of
Houston and Manor Stafford and Edwin
Bruce of Galveston.
CHARLES K. NORTON.
The funeral of Charles E. Norton who
died In Houston Saturday will be held
from the parlors of the Sid Westhelmer
company at .1.30 o'clock Monday after-
noon under the auspices of Gray Lodge
No. 3211 Ancient Free and Accepted
Miisons. Interment wlil take place In
Glenwood cemetery. He Is survived by
one sister Mrs. James Relman of Hous-
ton. MRS ROSE FRANK.
Mrs. Rose Frank age 36 years died at
6 o'clock Sunday morning at her residence
1813 Kane street. She is survived by
her husband Sam Frank and five chil-
dren. The funeral was held from the
residence at 3 o'clock Sunday afternoon.
Rabbi Brownsteln officiated. Interment
took place In Adeth Yesliurun cemetery.
MRS. L. B. EDWARDS.
Mrs. L. B. Edwards 47 years old wife
of O. Edwards died Saturday night at 7
o'clock In her home 608 Chenevert street.
The funeral services were conducted
Sunday afternoon at 4 o'clock from the
parlors of C. J. Wright & Co. Rev. Kon-
ken officiating. Interment was in Glen-
A. C. HARRIS.
The funeral of A. C. Harris who died
at Harrlsburg Saturday will be held from
the residence at t o'clock Monday after
noon. Rev. Father Hennessy will offi-
ciate. Interment will take place In the
Associated Press Report.)
KEY WEST October 6i-Pml Hind Key:
October 6 6 p. m. Steunera William P.
'lmcr; 6 p. fa. Bstbllnbetd bound east.
October 6 S a. n.. Montlbello. bound West; 6
a. m.. Indian; T a. m.. oulalana towing Mag-
nolia; 10 a. m. schooner John Francis east;
6 p. m.. RtiMiao Priaea; 6 p. m.. Florida
(.Associatti Prtts Report)
POET BADS October 6. Arrived: BteanMr
Oeiba (Br.) from Celba.
Balled: Santona (Br.)- for PragrMso; Ma-
nila ( Cuban) for Tamplco; Fajrertua (Nor.) for
(Astocioted Press Report.)
BARB A DOES Beptembkr 23. Arrived r Jons
Ltckett Frey Beotoj and sailed September ii
W tArtauivA . - 4.
Members of the Houston German Day
society and their friends gathered at
Ssengerbund ball Sunday night for the
annual celebration commemorating the
anniversary of the landing of their fore-
fathers in America over 00 years ago.
The hall was crowded and the affair was
a splendid success.
The celebration Sunday Is the twen-
tieth affair of Its kind.' the custom of an-
nual meetings being established In ltffl.
The society has grown wonderfully each
year and now has a large membership.
Fully 600 members and guests were In
attendance Sunday night .
A well arranged program was cAirted
out. which Included music speeches and
a play. The musio both vocal and In-
strumental was well rendered and
brought forth hearty applause.
The first number on the program was
an overture by F. Herb's orchestra fol-
lowed by two selections by the Houston
Saengerbund under the direction of C C.
Leib. "Seekameraden" and "Die Blum In
Thai" were the two selections rendered
by the ohorus.
These two songs will be rendered by
the Saengerbund at the annual meeting
of the Texas German Saengerfest which
will be held In Houston next spring.1 The
audience showed much appreciation of the
two vocal numbers and encored several
W. J. Kohlhauff vice president of the
Houston German Day society in the ab-
sence of President G. F. Sauter delivered
an address which was well received. Mr.
Kohlhauff called the attention of those
present to the growth of the German
colony In America since the landing of
the first of their nation on the shores of
Pennsylvania over 200 years ago and he
encouraged a still greater growth in years
He dwelt on the possibilities of the
Germans in this country and Impressed
upon the representatives present the Im-
portance of their part In making that
growth possible. He cited the improve-
ment In Houston the growth of the so-
ciety and predicted greater accomplish-
ments In the near future.
A vocal selection rendered by the Mag-
nolia Maennerchor and an instrumental
selection by the Herb orchestra con-
cluded the first part of the program.
Plsy In Two Acts.
Part two of the program was a play In
two acts entitled "Das Sonntagsklnd"
meaning in English "The Sunday Child."
Following Is the cast of characters;
Nepomuk Hofer Gastwlrt
Herr A. Dletxe
Grete seine Fraeuleln M. Terpe
Hannes Killan Bauer
Herr William Freckmann
Gerhard Gllmm Jaegerbursche
Herr H. Krlechhamer
Stine Magd Frau Joseph Hauck
Die alte Kraeuterlene
Frau William Freckmann
At the conclusion of the play the floor
was cleared and dancing was enjoyed.
Many young people were among those
present and the social hour was well
spent by them. Light refreshments were
served during the evening and a spirit of
good cheer prevailed throughout the en-
tertainment. Members of the society stated to a
representative of The Post that the twen-
tieth anniversary of the celebration of
German Day was one of the most suc-
cessful yet held and they stated that
plans for the oelebration next year would
be begun at once to make that occasion
even better than that of Sunday.
C. C. Leib director of the Houston
Saengerbund Is one of the oldest mem-
bers of the organization and has watched
the growth for many years. He was
present Sunday night and Joined by many
others expressed themselves as highly
pleased with the entertainment.
The hall was beautifully decorated with
flowers ferns pot plants and bunting.
Pictures and statues were much In evi-
dence and the stage was also beautifully
MAN WHO DETECTED
RICE FRAUD HERE
Walter H. Weatherbee Qnest at
Bender Started Investigations
That Saved the Institution.
Among the guests registered at the
Bender hotel at the present time Is Walter
H. Weatherbee of New York city repre-
senting the firm of Swenson St Stlllman.
bankers. His presence In Houston at the
time the Rice Institute is about to cele-
brate elaborate Inaugural ceremonies Is
of particular interest to the people of this
city and those interested In the Institute's
welfare in that he is the man who really
started the series of investigations result-
ing in successfully blocking the efforts of
Albert T. Patrick now In Sing Sing
prison to perpetrate a forged will on the
Rice estate the successful perpetration
of which would have made the Rice In-
Incidentally Mr. Weatherbee Is still
connected with the banking firm as an
employe of which he was able to render
such invaluable aid indirectly to the
cause of higher education and to Houston
as a. future seat of learning. He Is rep-
resenting S. M. Swenson of that firm In
the opening of a new shipping port and
gulf coast town near Velasco.
At the time of the death of William M.
Rice at New York city and before the
fact of his death had become known a
Dumber of fraudulent checks with what
purported to be his signature attached
each representing large sums of money
were presented to the SwenBon banking
house. They would probably have been
paid without challenge had it not been
for the mere chance that the first received
came under the notice of Mr. Weather-
bee. The checks were made payable to
Albert T. Patrick though some slight dif-
ference had been made in spelling the
name and Mr. Weatherbee recalled the
fact that Patrick had confided to him
plans for perpetrating the forged will on
the Rice estate. Mr. Weatherbee made
known his suspicions with the result that
a thorough Investigation was started at
once the result of which was to reveal
the fact that Mr. RICe-had Just died un-l
aer mysterious circumstances and finally
terminating' in the conviction of Patrick
and the annulment of the forged will.
While modestly reluctant to recall the
story that gained such wide publicity at
the time of the incident Mr Weatherbee
admits that the version published In the
Rice Institute opening supplement to The
Post Sunday was true.
"I thought all that had been long (for-
gotten" he said when the matter was
referred to In the lobby of the Bender
hotel Sunday. "I am with the same firm
with whom I was employed when the
forged checks were presented but my
presence In Texas now Is In th Interest
of townslte development and has no con-
nection with the opening of the new uni-
versity." Brother in TJyalde. ;
(Houston Post Special.)
MEREDITH N. H October (.Weed
Pierce A prominent student died here
suddenly yesterday. He Is reported to
have a brother at Uvalde Texas.
Tjers'nty cants back on every dollar at
mlth's Drug Co.. sS Preston.
(Housiem Post Special.)
AUSTIN Texas October (.Following
Is a portion of the biennial report of J.
T. Roblaon commissioner of the general
land of floe having reference to the coast.
Its protection and - development:
Our State has an estimated gulf coast
front of soma 400 miles. Within the
tide water limits ot this coast the State
owns all th lakes bays reefs and such
Islands as have not been granted to In-
dividuals. Along the bays. Inlets and Is-
lands there is considerable marsh caused
py. Inundation froo tidewater. This may
be more properly .termed tide "land. This
department holds that this tide land Is
a part of the bay whose water overflow
It therefore not subject to sale without
futher legislative authority.
Geographically this coast has some 1X0U
miles square of agricultural stock rais-
ing and mining territory more accessible
to its ports as a sea coast outlet than
It Is to any ether deep water port. This
territory la belag rapidly peopled and Its
commerce is proportionately turning to
this coast as the most economical high-
way o the markets of the world. Its
development has scarcely begun. Our peo-
ple hardly realise its -importance as re-
lated to foreign commerce; nor the great
tonnage possible from the agricultural
horticultural stock raising fish and oys-
ter Industry and the various forms of
commercial produots from an these that
will be seeking a market through these
ports. The territory most available to
our coast comprises parts of Louisiana
Arkansas and Missouri all pf Oklahoma
Kansas Colorado. New Mexico Texas
and the east S00 miles of Old Mexico.
Aside from its mining and manufacturing
industries this territory produces food
and raiment which the world must eat
and wear. Through the opening of the
Panama canal our coast will soon be
brought Into cheaper touch with the
For Coast Protection.
We should now begin the coast protec-
tion so that the State may be In a posi-
tion to enoourage Its development when
the occasion arises rather than remain
quiescent until complications arise
through private claims that will Involve
vexatious problems. While the matter
should be taken hold of with firmness
the motive should be to serve a patriotic
purpose. The Importance of this may be
accentuated by relating an Incident or
Some years ago an owner located part
of a certificate on several Islands and ob-
tained patent to some but Others were
not patented. Later the legislature
thought to encourage the development of
another deep water port In the vicinity
of a patented tract. The promoters so
reports say had to pay the claimants
under the patents somewhere from $50000
to (75000 for the patented land on the
Island. Several years later claimants to
an unpatented location on an Island un-
der the same certificate demanded a pat-
ent and It became my duty to pass upon
the title. The patent was refused. They
sued this department vy mandamus In
the supreme court seeking to have that
tribunal compel the Issuance of the pat-
ent. The court said the location was
illegal and the land belonged to the State.
Then the attorney general's attention was
called to the patented locations and ha
brought suit and cancelled them. Soon
thereafter certain parties secured an en-
actment by the' legislature whereby the
State graated the right to build railroad
terminals from the main land across the
Island to deep water for the nominal sum
of (2 per acre for such right of way and
harbor front as might be desired not
to exceed a given quantity. Such ter-
minal railroads and wharves as might be
so constructed were placed under the con-
trol of the railroad commission thereby
preventing wharf monopolies.
Built Terminal Road.
Since that legislation a terminal rail-
road has been built from the main land
at Aransas Pass out to Port Aransas;
wharves docks etc. have been built and
boats are now bringing In commerce and
carrying out cargoes of cotton. Thus
the State was In a position to make pos-
sible that development but which would
have been practically Impossible if the
promoters would have had to' pay private
persons up towards a hundred thousand
dollars for the same privilege that was
obtained from the State for a few hun-
dred. Other companies are planning to
build other terminal lines out to the same
deep water. Present Indications are fair
for another great port at this point.
Another Incident showing the result of
the State's Inactivity on the coast came
to my attention in the early part of this
year. An Individual Informed me that
a flowing oil well had been developed In
Goose Creek bay a small arm of San
Jacinto bay about two miles north of
Morgans Point In Harris county. A per-
oonal Inspection was made In April. The
gushing oil well was found and while the
well Itself was not out In the
bay two corners of the der-
rick frame were In the water and It
seemed that all of it. would have been but
for a ditch which had been dug many
years ago and served to check the land-
ward movement of the tide. This ditch
had been partially cleaned out recently.
The area between the old ditch and high
land or timber line is marsh and appar-
ently has been partially reclaimed by the
ditch. Old settlers say In time of high
water this marsh is overflowed. Just
south of this flowing well was another
marsh of some hundred acres over which
marsh was another oil well derrick and
active operations were being cart-led on.
There Is no truth better known among
those familiar with original surveys than
the fact that such surveys followed the
high land or timber line on the coast
and purposely excluded the marshes be-
cause they were considered worthless.
One could not under the law obtain land
on the coast prior to 1840 further out
than high tide. It is likewise well known
that the owner of land fronting on the
coast today claims to the most outward
extent of every marsh on which such
ona s land fronts.
Csreful Survey Necessary.
So delicate were the lines of demarca-
tion at this point and so persistent were
the claimants of the marsh that it be-
longed to the main land surveys It was
deemed advisable to have a careful topo-
graphic survey made and level lines run.
To this end. the services of Arthur A.
btllea. the levee and drainage commis-
sioner who Is also an expert topographer
were secured. He and the writer went
upon the ground In the latter part of
May 1912. and after a weeks wading
through water mud slush and alligator
holes the facts wers developed and are
now reflected by a topographic map and
level lifies. The flbwing oil well and some
other derricks where drilling was gqlng
on while we were there were found to be
between a level line carried from another
point where the bay water rose on the
main land every twenty-four hours and
the bay water that was kept back by the
ditch. Likewise It was determined' that
tide water would flow over the landward
end of the other hundred-acre marsh. In
other .words both marshes wers within
the natural landward flow of the bay
water. Though under the Spanish civil
law which was the rule of Interpretation
up to 1S40 the acquisition of land on a
coast further out than high tide was pro-
hibited yet these marshes are now
claimed as a part of the main land sur-
veys which were titled by the Mexican
government in 1(24. There are no ri-
parian rights vested In those who own
land fronting on the coast. Likewise Hog
Island presents another Illustration In
the catalogue of needed protection on the
coast. This Island lies' alongside of the
last marsh referred to but between that
marsh and the principal channel of Baa
Jacinto bay and at the mouth of Goose
Can Not Acquits Island. .
The general statutes sines JStT have
uniformly forbidden any5 bos to acquire
any island on our eoaat Mot torartneiess
Read every word in this opinion. Re-
member it is not our statement but the
deliberate opinion of a great scientist work-
ing for perfection in beer.
Pure beer is food and tonic.
G. Beck (Bierbrauer 1881 No. 8)
- "beer in light bottles deterjprates
more quickly than beer in dark bot-
tles when exposed to the direct sun-
light." His tests were continued for three weeks
and proved that beer in light bottles had
acquired a very disagreeable nasty taste and
flavor and was unfit for consumption.
The Brown Botde with Schlitz is not a
fad. Its use is based on scientific principles.
We have adopted every idea every in-
vention every innovation that could
make for purity.
Schlitz is sent to you in Brown Bottles
to protect its purity from the brewery to
Why don't you make Schlitz in Brown
Bottles your regular beer?
Telephone Preston 154
Japhet & Co.
819 Commerce Ave.
That Made Milwaukee Famous.
some certificates have been located on
them. In some instances the legislature
has validated such locations by specifically
naming the islands. In 184!) the State
filed a suit against Ue Lesdernler for tho
purpose of ousting the defendant from
his alleged claim to a portion of Galves-
ton Island. In 18M Dr. Ashbel Smith a
prominent citizen of Texas located Hog
island under a Toby scrip. In 1854 the
legislature validated locations on the
islands of Mustang Matagorda St. Jo-
seph and Hog. Patents were to be Issued
on locations upon these islands "whenever
the claimants shall prove by the records
of the surveyor's office of the district in
which the same may be situated duly cer-
tified and sworn to by the surveyor and
also by the evidence of the person acting
as legal surveyor at the time. If living
or If not living by the testimony of two
respectable witnesses as to the genuine-
ness of the entries In said suveyor's
book that such scrip was located by en-
tries In said surveyor's office before the
Institution of the suit In Oalveston coun-
ty in the case of the State of Texas vs.
De Lesdernler and that said locations
or entries have not since been raised or
canceled by the claimants." Act of Sep-
tember 1 185 Oeneral Laws volume 4
fiage B0. This Hog island was patented
n 1859. There Is nothing of record In
this department showing the proof was
made as required by the statute quoted
above. There Is another Hog island In
this Mustang Island group. Other loca-
tions validated by this act were surveyed
prior to the Institution of the suit afore-
said. There Is an oil tank station on this
island at which boats are loaded with oil.
The facts relating to this Hog island and
the marshes or tide land mentioned have
been referred to the attorney general's de-
partment for such attention as that office
may deem proper.
Filed On Marsh Lands.
Again individuals have filed on other
marsh or tide land claiming It to be un-
surveyed school land. In every case the
claimant of the survey adjacent on the
mainland has Insisted he owned to low
bay water. This department has declined
to sell. this tide land or marsh. It Is be-
lieved to be a part of the bay proper and
If so It Is not subject to sale without fur-
ther legislation. In such cases this de-
partment has no authority to mark the
State's lines or to establish the State's
title. With such continued lack of au-
thority on the part of this department
and with no activity required of any oth- '
er department of the government these
encroachments will continue to Increase
and the perpetuation of such claimants'
possession will make more formidable the
obstacles to utilise recovery whenever the
State may have need for Its actual oocu-
For further Illustration of the need of
protection on the coast mention may be
made of an application for the survey
.with the view of purchasing a lake of a
few thousand acres on the coast. In re-
porting on the survey the surveyor said
the lake was not In his Judgment affect-
ed by tide water. Letters of Inquiry
brought different representations. A per-
sonal Investigation was deemed important.
The water In the lake was found to be
quits salty and the lake abounded with
oysters. The tntercoastst canal war pro-
jected through It. Had the surveyor's re-
port been accepted ths application would
have been granted at a reasonable pries
based on land values. Then the pur-
chaser might have Interfered with the sz-
tension of the lntercoastsi canal and ;
besides had for a nominal sum an oys-
ter lake of great value. When tbe facts
were ascertained by my personal Investi-
gation oft ths ground the application was
The State cannot protect this ' eoast
without having it surveyed and its prop-
erty lines established. Tbere ought to be
a survey mads est everr Inlet. hav. nan- :
insular island marsh reef and lake and
r-Vt ts'J ."r-nrrc . vv
Stt thai enwn or cork
is branded "Schlia."
the State's coast line established from the
Sabine river to the Rio Grande. Every
such object should be connected by
course and distance to some established
survey on the mainland.
Should Know Possessions.
Then the State could know what It
has and where It Is when some future de-
velopment ot the coast for commercial
purposes should be desired in any par-
ticular locality. There are many locali-
ties on the coast where loral sunshipplng
points will be needed as the coast poun-
try develops by reason of the Intercoastal
canal and the opening of the Panama
canal. The coast cannot be developed to
its highest utility without complete drain-
age of the coastal plains.
With this drainage there will be opened
one of the finest agricultural and horti-
cultural areas .ever available for the in-
dustry of man. With the cultivation of
this drained land there will be needed for
many subshlpplng points on the main
coast line and on the Intercoastal canal as
way stations for convenient transporta-
tion facilities to those deep water centers
now open and being opened Just as the
way stations on railroads are convenient
shipping points to the market centers of
the larger cities. But the coBt country
cannot become available until It Is drain-
ed and opened up to those products for
which it is best adapted. If the average
anticipation should be realised by the
opening of the .Panama canal preparation
for the development of our coast and the
coastal plains cannot be begun too early.
Though a discussion of the levee and
drainage and reclamation of our waste
territory may not properly And lodgment
fn this yet since tho writer has been
a member of the State levee and drain-
age board so much thought has been
given to that subject that this can hardly
be classed without a suggestion relative
thereto. The leveeing of overflowed bot-
toms the drainage of the farm land and
the storage of storm waters In ths semi-
arid territory of the WeBt and elsewhere
for Irrigation should be undertaken by
the government as a Statewide move-
ment. The plan should comprehend a
connected whole from the gulf through
the coastal plains and up every stream
that needs either levee or drainage.
Convict Labor Advocated.
Even If It were possible to secure the
active co-operation of each landowner
affected within ths entire territory they
would not bs able to finance the under-
taking. The lottlal cost Would be too
much for the individuals. If the State
had authority to issue Us bonds the
money could br secured on long time at
a low Interest "te. Much ot the work
might be done by unskilled convicts. As
the drainage should be oompleted or
levees constructed or water stored the
cost per acre could be prorated to the
land and a small tax .though sufficient to
pay the interest and to 'create a sinking
fund that would redeem the bonds at an
optional period or at maturity eould be
levied on the land affected. Thus) by all
the people advancing the first cost thoss
more dlreetly benefited would ultimately
repay ths amount. Br this means mil-
lions of acres of the most valuable land
in ths Stats eould bs mads habitable and
subject to .cultivation. This would mean
millions of dollars to ths State's com-
merce to say nothing ot th added value
of the land consequent increase in gen-
eral revenue and improved health condi-
There are a few fresh water lakes in
the interior which have never passed to
private ownership .They are now being
used as-pleasure places by such persons
tributary thereto as can not afford ths
-expense of other more distant resorts.
These lakes are now sought for by in-
dividuals who desire to appropriate them
to th us ef themselves and their friends
as. private Ashing waters of club bouses.
.Are. these lakes- aubleet to Th.
answer must be found in ' the act of
February 23. 1900 which settled the Joint
land account between the State and
school fund. By that act all of the pub-
lic domain except islands lakes and bay9
within tide water limits on the eoaat
was given to the school fund. Were Un-
appropriated fresh water lakes intended
to be Included in the term "pubiio do-
main?" Lakes Not Included.
It Is not believed the term "public do-
main" as used here was meant to In-
clude lakes. As a sale would pass perma-
nent property rights which If Improved
would entail much loss to tbe purchaser
If the courts should give an adverse in-
terpretation to the sale. . This depart-
ment is pursuing the safe or conserva-
tive policy in declining to sell them.'
Tliose applying to purchase them ar&
usually nonresidents of the community
end citizens who have much leisure. If
the ownership of the lakes were passed
to Individuals their use would be to the
exclusion of the citizens of the commun-
ity whoso ancesters and themselves in
the grapevine swing have woed in the
friendly shade of the oaks and musca-
dine vlnc3 while the sun perch unmo-
lested; hobbled the old time Ashing cork
a Utw feet away. Tbese are favorite
haunts for community associations dur-
ing a summer's vacation from the field of
toil. Our State should leave open such
places for the pleasure of rural communi-
ties whoso people can not enjoy a sum-
mer's rest at resorts of more luxurious
environments. Too many of such nature
favored plnces are now privntely appro-
priated to the exclusion of what some are
pleased to term the "plain people." Be-
cause this policy by the present ad-
ministration of this department -will not
bind its successors your attention Is di-
rected to it so that. If the suggestion has
your approbation some legislative ex-
pression may be invited.
LADUQUE TRIAL MONDAY.
Woman Is Charged With Killing
Husband in Dallas.
(Houston Post Special.
DALLAS Texas October 6. With Wit-
nesses summoned from a number of pities
in Texas and others from points in Okla-
homa the cas of Mrs. Minnie Laduqus
charged with -killing her husband W. A.
Laduque In this city on July 6. will be '
sailed for trial Monday morning In Judge
Barry Miller's court. The killing with''
which the woman is charged occurred at '
the Waldorf hotel. Five shots it is said
were fired at the time. Mr. Leduu.ua
was taken from ths hotel and placed In
an ambulance rushed to the sanitarium :
where he died before being placed on ths
operating table. ' -
Assistant Oounty Attorney Noah Roark -who
has charge1 of the prosecution of th :
MH nnAimM SntnMtiiv aftAMiaMI that -
rthe State would be read for -trial ktrs.
Lively. Nelros ft Adams; Parks-jk Patton
and Wyne ft Wynne... A special ventre of .
lOOjnen has been summoned for th oaa.
;. DISBAILBIKAT GIBSO. j
In Accident to S. P. ' Train Jfeajt
Morgan City no One Was Hurt '
. (Aaecimt4d Pr0-Kpirt.) .
UOBOAN CITT la. October 1 Thra .
ouach ot the Texas local passenger train I
of th Southern Pacific east-bound from
Beaumont doe in New Orleans at :U p. I
m. was derailed near Gibson Lav twelvs I
mites east el bare thi afternoon No on
t - ' .7 . . ;.' .
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The Houston Post. (Houston, Tex.), Vol. 27, Ed. 1 Monday, October 7, 1912, newspaper, October 7, 1912; Houston, Texas. (texashistory.unt.edu/ark:/67531/metapth604610/m1/4/: accessed April 25, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .