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Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, November 05, 1912, Image 2

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f Martin J. Slattery.Manager
Official Organ of Cameron County.
Entered at the Postoffice at Browns
. ville, Texas, as Second Class Mail Mat
W "' I . I --V
The announcement that Mrs. Jesse O.
Wheeler will no longer direct the af
\ fairs of (he Herald, as managing editor,
will Ik» received with regret by many
hundreds of readers of tin* paper
throughout the Valley and in the state
at large.
For reasons of her own she has seen
i proj»er to lay down the very heavy bur
dens she lias borne during tin* years in
which she lias directed the affairs of
this paper.
t She has made tin* Herald not only a
force for good in the community where
it is published, but has caused it to lx*
recognized among tin* important jour
nals of the state. I'udcr her wise and
efficient management it Has become *»u
important factor among the business in
stitutions ot Brownsville, with a pay roll
mounting into the hundreds of dollars
]x*r week, and giving support to many
It is not flattery but simple incontest
able irulh to sav that she has done more
j for Brownsville and the Lower Valley in
her office as editor ol tile Herald, than
any other individual in the* community.
Xo commendable enterpilsc affecting
the business, social, or moral well being
of the community lias ever failed of h *r
endorsement and ol the wide publicity
her endorsement carried with it. Times
without number, ungrudgingly ami un
hesitatingly, she has given lavishly of
the newspaper space at her command, of
her own personal labor, and of the time
of her paid employes, for the benefit of
enterprises she regarded as commend
able. In all the years of her connection
with the Herald it has not been seen
that sin* has commended anything that
was not good or endorsed anything that
wras bad. Hers is that clarity ol judg
ment which always characterizes the
liorn leader. Events have inevitably
shown her to lx* right in her judgments
of men and ol measures.
What she has done for the public weal
has been without expectation or desire
one penny in the way o' reward.
a Write Mrs. Wheeler is exception
^gifted. She does mo a.'.ect what is
tiim-s known as "tine writing." Ib*rs
literary art that conceals art.
style is strong, simple, direct. She
Dens an obscure sentence. No
ever be in doubt as to what sin*
[when she writes. Her editorials
-en as widely quoted as those ot
flier editor in the state; and they
[variably quoted \v 11Ti approval,
things are said of her at this
aiise this is an opportunity lo
ff*in. and because they are justly
* her. Sin* still retains shares in
■ stock of the company, and sir* will
not, tor a time at least, sever her eon
nection with the office. Sin* has merely
laid down a burden ot labor and re
sponsibility which sin* was unwilling to
l>ear longer.
| To Ihr Itroicnxrillr Ihrald:
In so far ts tin* results ol the present
election are concerned, any discussion
ot the much talked of legal proceedings
whereby tin* candidates of the lndej*en
dent party ol Cameron County were de
nied a place on the official ballot, can
be but limitless. It is not just, however.
that a misconception ot this matter
should exist in the minds of any of our
The editorial which appears in the
Daily Sentinel ol November the 1th con
vcys such an absolutely erroneous im
pression ot the facts involved in this
much talkisl ot litigation, that I feel it
incumbent upon me to state tin* true
facts. The editor of the Sentinel totally
misunderstands these facts, lie quotes
from the certificate of Win. C. Craig,
chairman ot the executive commit tee of
the lnde|>cndcnt party, that jwirtion
which has to do with the holding of
County and Precinct Conventions by the
Inde|H*ndent Party, and follows this up
by quoting that portion ot the agreement
of counsel as to the facis ot the case
which contains tin* statement that no
“Primary Flections** of any description
were in fact held by the Indo|M»ndout
Party on duly -7. l'dPJ. It is thus made
to apjH*ar to those not familiar with
technical terms that the Independent
Party of Cameron County did not. as a
matter of fact, hold either precinct or
county conventions. This is doubtless
but an error on the part of tin* editor of
the Sentinel, who is not, himself, a law
yer. The truth is. that tin* lndc)*endent
Party of Cameron County did hold Isitli
precinct and county conventions. This
was specifically admitted by counsel rep
resenting the Democratic candidates, in
the agreement referred to. And in this
connection, and in order that the trim
Articles '7 and 8 of the agreement of
counsel referred to.
“In pursuance of the call, precinct con
ventions of the Iiide|MMHient Party were
held in nine of the fourteen election pre
cincts of Cameron County on the “7th
day of July, 1012. Said conventions were
largely attended by ineniiiers of the In
dejiendent Party, who participated in
said conventions, ami had the free and i
fair opportunity to express their choice'
upon the matters to he determined in
such conventions, and did so express
themselves. At each of these precinct
primary conventions the list of candi
dates suggested by the leaders of the
party at Brownsville was nominated,
and delegates were elected to such Coun
ty Convention. A member of tin* Execu
tive Commit to was elected by each of said
Preeinct Conventions, am: the vote ol
each of said Preeinct Conventions was
east for C. H. Mon* as chairman of the
Executive Committee oi* said indepen
dent Party. Written reports ot tin* pro
ceedings of these preeinct primary con
ventions as the "returns* of such con
ventions, were transmitted to the County
I "In pursuance of the call of the Act
ing Chairman More, tin* County Conven
tion of the Independent Party met in the
Federal Court Boom in the City of
Brownsville at two o'clock p. in., on the
:’.rd day ol August. ltU2. Then* were
present at such County Convention ac
credited delegates from nine of the elec
tion precincts of Cameron County, about
sixty delegates being present in all. Such
County Convention unanimously ratified
the list of candidates proposed by the
leaders of the party which had been en
dorsed bv the preeinct primaries on the
preceding Saturday, and these persons,
i and each of them, were duly declared by
such County Convention to be tl|e nom
inees of the Independent Party for 111 *
l several County and Preeinct offices of
j Cameron County. Texas.’
The editor of the Sentinel has simply
: confused the two terms. "Primary Elec
tion" and "Primary Convention," The
I Independent Party oi Cameron 'County
did not hold "Primary Elections.", as sta
ted in that portion of the agreement
which is quoted in the Sentinel. That
portion of Chairman Craig's certificate,
certifying that "Primary Elections" had
liven held was incorrect, as stated in said
'agreement of counsel. I presume that
Chairman Craig, not being a lawyer.
; made much the same mistake that the
editor ot the Sentinel has made. At all
events, the fact that he intended no de
ception is attested by the agreement ol
counsel, to which reference has been
made, and which contains the tollowing
clause, "no such elections were in tact
held, but the certificate filed by Mr.
Craig was made by him :n good faith,
and there was no intention on his part
to perpetrate a fraud of any character.'
The Independent Party did not hold,
j and did not intend to hold, and were not
required under the law to hold, "Pri
mary Elections." They did hold, as they
were fully authorized under the law to
b< , "Primary Conventions" and a "Coun
ty Convention." all as shown in that por
tion ot tin* agreed statement ot tacts,
quoted above.
No question as to the actual holding
of these Preeinct Conventions, and of
the County Convention was raised. The
1 <uly question raised was the technical
one that they were held one week later
than tin* day provided by the Terrell
Election Law.
The facts were undisputed as to that.
The conventions were held one week la
ter than the date fixed by the Terrell
Election Law. As stated tn tin* "agreed
statement of facts":
"It is lurther agreed that the action of
C. 11. More as Acting ( bairmau of the
Independent Party in calling and hold
ing the preeinct primary conventions
and tin* County Convention of tin* Inde
pendent Party at a time other than that
prescribed by law was done by him in
good faith and with no fraudulent or
wrongful intention and was an honest
mistake as to the law of tins State rela
tive to the time of holding such conven
tions." Furthermore, and again quot
ing trout the "agreed statement of facts:"
• Said Conventions were largely attend *d
by members of the Independent Party,
who participated in said Conventions,
and had the free and fair opportunity to
express their choice upon tin* matters to
be determined in such conventions, and
di«| so express themselves."
Thus, the best possible light in which
this matter can Ik* viewed from the
standpoint of the Democratic candidates
is that, fearing to test the merits ol tlieir
candidacy Is*lore the voters of Cameron
<Ynnty. they t«n»k advantage of a mere
technicality to prevent an expression of
tin* ixqnilar will. As showing tin* view
they themselves t«K»k or their chances
as against the Inde|K*ndent ticket with
a lair field and no favor, rn their appli
cation for injunction, and under <h
sanctity of a solemn oath, they state
that, to allow the names ol tin* Indepen
dent candidate* upon the official ballot!
would cause them "irreparable injury. "|
A rather naive (no. 1 am s|K*lling the
word this way purposelyi confession.
l in n <1h' legal questions Involved, and,
as to whether the technicality in ques
tion could Ik* taken advantage of by «'
IK nn'crntie candidates, the following
questions were raised by the lnde|K*n
dt lit candidates:
First: That the holding of a primary
| elect ion upon a day other than that fixed
bv law, when such election was fairly j
i • _
_till hiltl*! I
was deceived by the error, would not in
validate such election. Our position up
on .bis proposition is clearly stated in
“Cyc." Yoluin 15, page 242. “But a mis
take ol an officer by whom tin* prelimin
ary stejis for holding a local election
must lie taken in calling it torihe wrong
day. will not necessarily Is* fatal if it
ap|H*ars that tin* clectiou was fairly and
In uestly conducted and that no voter
was deceived by the error."
Second: That this king a purely party
matter, only members of iiie Independent
Party could possibly show injury from
the holding ot these party conventions
u|m>ii a day other than that fixed by tin*
Terrell Election Law, and that the can
didates of an opposing party could not
k* heard to question the regularity or
nominations made at such convention.
The Supreme Court of Texas in the
case of Kulp vs. Bailey, as late as 1!H)5.
jim’s this language: “It is not at all
clear that the right is given to a nom
inee of one partv to object to thcpla ring
upon tin* official ticket of the opposing
parly the name of a person as its candi
date. upon the sole ground that such p'
son has not regularly received the nom
ination of that party."
Third: That the plaintiffs were not en
titled to the relief sought because it was
impossible lor them to show irreparable
injury without speculating upon the re
sults of an election, a thing which flu*
law does not countenance or jiermit in
such connection.
Fourth: That a District court is ab
solutely without jurisdiction to grant
the relief sought because it involved
passing upon a political question. th<*
which it could not do. except by express
grant of jurisdiction; and that in this
case, no jurisdiction exicied. because no
character ol procedure has been provid
ed by the Legislature lor a proceeding of
this character.
Fifth: That if any character of pro
cedure whatever has been established by
the legislature, it is that contained in
those Articles of the Terrell Flection
Law having to do with the contest of
primary elections and conventions, t er
iniiily there are no others. If these Ik*
held to apply, then the court had no jur
isdiction, because this contest was not
filed within the time provided by these
Articles, and no notice was served upon
the defendants or contestces. as required
by these Articles.
Section loo of the Terrell Flection
Law, under which these nominations
w< re made, provides: “All nominations
nade by any such parties shall be ii*r
! testified to the county clerk by the eliair
•nan of the county committee of such
party, and after taking the some course
ns "omiuaiioHs of other parties certified
to the clerk, shall k* printed on the olli
< ini ballot, etc."
Section HU of the Terrell Election
Law provides that after such certificate
is filed with the county clerk, the latter
’shall cause the list of names so certified
| to be printed in some newspaper pub
lished in the county, or if no newspaper
| is published in the county, then he shall
mst the list of such names in at least
! five public places in the county; and im
meointely alter this provision we find
j the following: “Provided, that all ob
jections to the regularity or validity of
a nomination ot any person whose naive
appears in said list, shall be made witli
| in five days, etc."."In ease
no such objection is filed within the time
! prescribed, the regularity or validitv ot
j the ■imninatioii of any person whose
I name is so printed, or posted, shall not
> be thereafter contested."
Again Art. Ill provides that such cer
tificate of nomination shall Ik* subject to
review upon allegations of fraud or il
legality. by the district court "provided
that such allegations are file*I in said
n urt within ten days after the issuance
of said certificate, etc."
In our present ease, the certificate rc
] mained with the county clerk for over
thirty days before any character of at
[taek was filed in the district court.
Sixth: That under no circumstances
was the judge authorized to hear or ren
der any decision or judgment over a ease
of fhis character in vacation (and it
should b<* understood that the only judg
ments or decrees rendered by the district
judge in the case under discussion were
1,1-'V in chandlers—that is. in vacation.)
In the case of Ashford vs. (Joodwin.
ilu* Supreme Court of Texas in IfilO.
I decided that that portion of the Terrell
Election Law which undertook to make
n certificate of nomination issued by the
president or chairman of a nominating
convention, subject to review by a dis
triet judge in vacation, is unconstitu
tional and void.
There were other legal questions
raised by tin* Independent candidates
which it is unnecessary to here discuss,
nor is it my purpose to retry this ease
in the public press.
I f**cl. as I have said :>efore. however,
that since so erroneous a statement of
tin* Independent Candidates* position in
this matter has been published as that
routnitonl in the editorial referred to.
that it is due these genth ment that their
true attitude k* made known. It should
hi* remembered in connection with
this whole transaction that though the
certificate of nomination of these Inde
pendent candidates was oil fib* with tin*
ivmi*v clerk since Angus; 21. 1P12. no
attack was made thereupon until so late
that it was an absolute imoos-ibilitv *o
secure a rehearing in an appellate court.
In other word*, the democratic candi
date* ]tostponed their attack until a
time when the Independent candidate*!
court, but the decision of the district
judge in vacation, must oe final.
This statement is not published in any
spirit of bitterness, but only that the
public may know the true facts and
form their own judgment as io the rights
and wrongs ol this whole transaction. It |
is my l»eliel that every man. irrespective]
ol party affiliation, for whom the words
"lair play” ami square deal" have I
any meaning, will condemn the conduct
of the democratic nominees in this mat
K. B. Cueauer.
Our local laws should Ik* so formed
that hereafter the public schools may
Ik* thoroughly divorced from polities.
Ami to this end our city ordinances
should Ik* amended as to eliminate the
]H>litical feature in the future.
In connection with the above, it is
very evident to those familiar with our
school subject that we must have addi
tional school buildings, io this end we
should get together and endeavor in
some way to provide lor funds, by in
creased taxation or the issuance of
bonds, with which to construct one or
more ward schools. It would is* better
to construct one in the present fourth
ward, ami one in the first ward out to
ward the West Brownsville line. When
lliis would have l»een done, tin* present
public school could Ik* used as a high
It is gratifying to observe that tin*
old-fashioned counsel for the defense
who conceives it to be the pinnacle of
I court room sagacity to refuse to allow
his client to testily in bis own behalf
came to grief again in the Becker case.
Kansas City Star.
1— Dolliver-Hepburn Railway Act.
2— Extension of Forest Reserve.
3— National Irrigation Act.
i—Improvement ol Waterways.
3—Reservation of Water-Power Sites.
(>—Employer's Liability Act.
7—Safety Appliance Act.
,v—Regulation of R. K. Employes
Hours of Labor.
9— Establishmnt of Dept, of Commerce
and Labor.
> 10—Pure Food and Drugs Act.
11—Federal Meat Inspection.
—12—Navy Greatly Increased in Effic
13—Battleship Fleet Sent Around tlu
11—Canal Zone Acquired and Work
15—Development of Civil Self Govern
ment in Island Possessions.
Hi—Second Intervention in Cuba.
17—Cuba Restored to Cubans.
IS— Finances of Santa Domingo Straigh
toned Out.
10— Alaska Boundary Dispute Settled.
20— Reorganization of the Cousular Scr
21— Settlement of Coal Strike of 1002.
22— Northern Securities Decision.
23— Conviction of I\ O. Grafters.
21—Conviction of Public Land Thieves.
25—Directed Investigation of Sugai
Trust Cumtoms Frauds.
20—Suits Begun Against Standard Oil
and Tobacco Trusts.
27— Corporations Forbidden to Contri
bute to Campaign Funds.
28— Keeping tlu* Door of China Open tc
American < "ommeree.
29— Bringing About Settlement of Rus
so-Japanese War.
30— Negotiating Twenty Four Treaties
of Arbitration.
31— Reduction of Interest Bearing Debt
by More than *90,000.000.
32— Inauguration of Conservation ol
Natural Resources.
33— Inauguration of Annual Conference
of Governors.
34— Inauguration of Improvement ol
Country Life Conditions.
1— Reform of Banking ami Currency
2— Inheritance Tax.
;»—Income Tax.
: 1—Passage of Xew Employer's Liability
Act to Meet Objections Raised by
Supreme Court.
5—Postal Savings Bauk.
hi—Parcels Post.
7—Revision of Sherman Anti-Trust Act.
S—Legislation to Prevent Overcapitaliz
ation ami Stfwk Watering by Com
mon Carrier.
!1—Legislation comitclling Inepri>oration
Under Federal Laws of Corpora
tions Engaged in lute restate Com
As a man and a patriotic citizen of
the United States he has never flinched
when* fluty called.
Capitalists, eorjmrations and the peo
pie of the laooring class, have all sup
ported him in the past because they have
felt that in him they had found Justice;
that he would treat all alike.
A vote for Roosevelt means another
step toward good government, honestly
ami efficiently administered.
4 f
I Always strictly first class and appreciates the patronage of the good 2
*f people from all localities. Our references are the people who have '
been our guests. Ask them, as they always come back.
«f| F. W. Swearingen, Pres. tr
-W . _r _ \b
S. A. & A. P. S. A. & A. P.
without change of cars
Lv. Brownsville 4:00 p. m. Ar. San Antonio 7:10 a. m.
Lv. San Antonio 9:23 p. m. Ar. Brownsville 12:13 p. m.
Be sure to ask for tickets via Corpus Christ! and S. A. A. P. Ry.
San Antonio,
S. A. & A. P. S. A. & A. P.
I Frontier Lumber Co. j
l ... _ _ _ . __i
The First National Bank
Of Brownsville, Texas
United States Depository
CAPITAL $100,000.00
Surplus and Undivided Profits $125,000.00 [
| I It
Phone 100 Combe Bldg., Over Howse Furniture Co.
Mason Grain Company
1215 Levee Street. Brownsville, Texas
Frontier Construction Co.
18 Vivier Building. Brownsville, Texas
One Block from St. L., B. & M. Depot
► Brownsville, Texas. ,
Merchants National Bank
Brownsville, Texas
Capital and Surplus, $209,000.00
| The Largest and Most Modem
Hotel In South-West Texas.
• • i
■ * -
Hear What the Wild Waves are Saying. I

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