USA > Texas > Governors who have been, and other public men of Texas > Part 4
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As soon as the committee's report revealed that there was sev- eral million dollars of actual money in the Treasury, it was sug- gested by some legislator that the bond of the Treasurer should be increased. When I happened to meet the old Governor one day I asked him if he had heard that there was a movement to increase his bond to half a million dollars, and asked him what he would do if such an act was passed. His reply was: "I would resign the d-d office in fifteen minutes. I am not going to crawl around on my belly and ask any man to go on my bond." He was elected Treasurer for the last time in 1888, at the same election Governor Ross was elected for the second time. At that time I was on the bench in the Twelfth District, and the Legis-
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lature did me the honor to invite me to administer the oathis of office to the Governor and Lieutenant Governor elect.
After the ceremonies were over upstairs I went down to the Attorney General's office, and all the other officials constituting the executive department gathered there, and I administered the oath of office to all of them.
It was, of course, none of my business whether the Treasurer had given bond or not, but because I knew the old gentleman so well and respected him so highly, I asked him in a jesting way, "Governor, have you made your bond?" With typcial earnestness and promptness, he answered, "Yes, sir," and thrusting his hand into the side pocket of his coat, said, "Here it is and it wasn't made in Austin either." I glanced over the bond and I knew all three of the sureties, whose names I could set forth if necessary. It was good for a million dollars, though it was for only $75,000.00, all the law required.
007314
I heard one of the most graceful and appropriate references made to Governor Lubbock by a toastmaster at a banquet that I recall ever having heard made on such an occasion.
The banquet was that given in 1889 by the citizens of Galveston to celebrate the passage of the bill making an appropriation for deep water; which was incomparably in all its appointments the greatest and most sumptuous banquet I ever saw spread, and many men from other States so pronounced it.
R. B. Hawley, who as a Republican represented the Galveston district in Congress for four years, was toastmaster. He was a handsome, graceful, cultured man, and introducing Governor Lubbock quoted from the last scene of the great drama, "Riche- lieu." The banquet was held just about the time the Treasurers of three Southern States had defaulted and absconded. Mr. Hawley said : "When traitors had poisoned the mind of the thirteenth Louis against his Prime Minister, the great Richelieu, and he was in the very act of dismissing him from his post of power, he discovered the treason, and found danger pressing on every side, and in that hour the King said: 'No successor to Richelieu. Round me thrones totter, dynasties dissolve; the soil he guards alone escapes the earthquake.'
"In more than one other State, Treasurers have proved faithless to their trusts, but the treasury of Texas has been guarded by an honest servant, and while other sister states bemoan their van- ished treasure, Texas, thanks to one with us tonight and who we are proud to honor, has escaped the earthquake. I present to you Ex-Governor Frank R. Lubbock, State Treasurer, for whom there is no successor needed."
It struck me as a most felicitous introduction.
Senator Coke, who was a guest and who had been then for about twelve years in the Senate, responded in a few very forceful
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words to the toast, "The President of the United States." He said in his calm, deliberate, impressive manner of speech: "We differ as partisans among ourselves as to policies and politics, and parties, and as to such matters up as to tariff and coinage, and as to our preferences as between men whom we desire to be Presi- dent, but there is one gratifying fact concerning which among Americans there can be no difference of opinion, and that is that from the time of George Washington down to this, the day of Benjamin Harrison, there has never been a man in the executive chair of this great nation who was not an honorable, high-minded, clean-handed gentleman." Blessed is the nation concerning whose chief executives a great Senator could truthfully make such a statement.
No man connected with the Government of Texas, or any other State, ever left behind him a record of public service more honor- able and worthy than did Frank R. Lubbock.
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CHAPTER VI.
There were incidents in the lives of many of the leading men who came to Texas at an early date that are worthy to be perpetu- ated, and while many are more or less amusing, they are illus- trative of the character of the men, and some of them are re- membered more distinctly than is any special feature of their public service. I deal with the name of Governor Roberts, without regard to chronological order-as he lived in Texas for over fifty years and belonged to several eras of Texas history.
Perhaps no man was ever better known in Texas since the days of Sam Houston than was Oran Milo Roberts, and no man was more deeply entrenched in popular confidence and respect. He was a singular combination of intellect, and almost childish sim- plicity. He came to Texas nearly eighty years ago as a very young man, and was District Attorney and District Judge, and about sixteen years after he arrived in the State he became Judge of the Supreme Court. He was popular, yet he had none of the arts of the demagogue. He did not possess one qualification that many successful politicians possess-the art of public speaking. He did not have the gift of ease and grace as a public speaker. He had none of the arts of the orator. It is doubtful if he ever attempted a simile or metaphor in the course of a public speech in all his life, but he knew what he meant to say, and said it in clear-cut English, and his patriotism and Spartan integrity, and his unselfish devotion to Texas, gave weight to what he said. Every man who heard him knew there was behind what he said, that which must be behind every speech if it has any weight, or in anywise influences popular action, namely-a man.
In the field of judicial writing he was at his best, but of this I will have something to say later. It was almost inconceivable that a man who could write such opinions as came from the pen of Judge Roberts, could be at the same time so obsolutely simple in speech and action as he was at times. To illustrate what I mean: while he was a much older man than I, I enjoyed hearing him talk in that peculiar manner of speech which charac- terized him, and he was always interesting. On one occasion I heard him talking about his experiences in the army. He said one day they were about to have a battle and his commanding officer ordered him to throw his regiment across the creek that lay between the two armies, and he said: "I threw my regiment across the creek," then he stopped and in perfect seriousness made the following explanation: "Now you understand I didn't take each man up myself and pitch him across the creek, but I said, 'Boys, get over the creek, get over the creek.'" This was not said in the way of a jest, but in seriousness, as if he thought it necessary that he should not be literally understood as having
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thrown eight hundred or a thousand men across the stream by sheer physical force.
The amusing naturalness and simplicity in a certain sense of Judge Roberts can best be illustrated by two well attested inci- dents. In 1874 and 1875, when he was on the Supreme Bench, the Court sat at Galveston, and the term synchronized with that festival and frolic known as the arrival of Momus, or Mardi Gras. It was a season of revelry and riotous fun. By common consent all city ordinances against minor offenses were suspended and the city, so to speak, was wide open.
For one day at least all social barriers were let down and the creme de la creme of society and the underworld mixed. Even the ordinances which regulated the movements of ladies of leisure were for the time being, abrogated, and they had full and unrestrained access to the streets. The old Judge, though gray-haired and venerable and dignified, enjoyed the fun and frolic as much as the youngest person on the streets. He never forgot his dignity, but he was a thorough Democrat and every crowd was his crowd. Wine, and even stronger stimulants, flowed fresh and he was by no means Puritanical, but indulged on proper occasions. "When in Rome do as the Romans do" was the motto he believed in.
The wine and the excitement, and the music, and the hustling and jolly crowd thrilled the venerable Chief Justice, and he was in such a state as not to be able to clearly distinguish between the most circumspect and refined lady of the inner circles, and her less scrupulous sister. Two of the latter class gaudily arrayed and full of the spirit of the occasion, and perhaps of other inspiration more substantial, were attracted by the erect carriage and the gray hair and dignified appearance of the Chief Justice, so one got on each side, and thrust her hand into the curve of his elbow, which he, with characteristic gallantry, offered, and down the street the trio marched, the old gentleman entirely oblivious or unconscious of the character of his escorts. Some member of the bar met the trio, and look in the situation at a glance, and stopped the old Judge and said he desired to speak with him. He took him aside and explained who his escorts were and led him on. Not until this had been done had the old man suspicioned that he was not escorting or being escorted by some of the very creme de la creme of society.
The second incident in which he played a characteristic and amusing part was related to me some years ago, and again very recently, by a friend of mine who served in Colonel Roberts' regiment during the war between the States. The regiment was camped somewhere either in Louisiana or Arkansas in the forests, and it was Christmas night and the winter was very cold. The Colonel was asleep in his tent, when he heard the voice of a negro man calling, "Cunnell, Cunnell, Captain Polk told me to come here
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and say he wish you would come down to his tent." The Colonel replied: "Get away from here, and get away quick, and go back and tell Captain Polk I will do nothing of the kind, and ask him if he thinks I am going to get up this freezing night to go to his tent." The negro, of course, obediently left, but the Colonel had hardly had time to get back to sleep when he was again awakened by the negro's voice : "Cunnell, Cunnell." The Colonel was wrathy and ripped out: "How dare you come back here and wake me up again. Didn't I tell you to go away. Go now and tell Captain Polk if he sends you here again I will put him under arrest." The negro returned to the Captain's tent, but was soon back again calling for the Colonel. The third time the Colonel woke in a rage and said: "Say, leave here and leave quick. What does Captain Polk mean by such conduct and disobedience of my order? It is insulting." The negro said: "No, Marse Cunnell, he don't mean to 'sult you 'tall. He told me to tell you he had a jug of pow'ful good liquor, and about five dozen lien aigs, and he mout be able to mix up sumpin' you'd like." The Colonel softened immediately and began to roll from his blankets, saying as he did so: "Well, well, the idea of a Captain disturbing his Colonel at this time on a freezing night and asking him to get up and go to his tent, but I will go, since he is so polite," and he went. There were others who would have doubtless responded to the same summons.
A friend of mine, an ex-judge, who once lived in Waco, told me of a very amusing incident which occurred while the old gen- tleman was making a speech during one of his canvasses for Governor. The committee at Waco had placed a generous-sized pitcher of water on the speaker's stand and, without the old gen- tleman's knowledge, they had "spiked" it pretty freely with something which was stronger than water. The day was warm, and the old gentleman spoke for something like an hour, or an hour and a half, or maybe longer, and he drank freely and towards the close of the speech he felt considerably exhilarated, and un- dertook in illustrating some point to use the incident related in the Scripture about the woman who took the leaven and hid it in three measures of meal until the whole was leavened. By that time the old gentleman's mind had become a little confused, and his ideas didn't flow very freely, and he was unable to express the simile in the Scriptural phrase. After one or two attempts he wound up that portion of his speech by saying: "Well, you know, you know, she made all the dough in the tray rise at one time."
He was nominated for Governor without the slightest effort upon his part, and without preliminary canvass. The Convention of 1878 met in Austin and was in session ten days and because neither Governor Hubbard nor Governor Throckmorton could get
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a two-thirds majority, the convention compromised on Governor Roberts, who was then on the Supreme Bench.
The financial condition of the State was not good at that time, and while nobody doubted the integrity of Governor Roberts, there were doubts whether he was adequate for dealing with the finan- cial situation. He had in the management of his own affairs never manifested any financial ability, because he had never given any thought to making money. He lived in a wholly different atmos- phere, yet he speedily put Texas on a cash basis. He showed not only a thorough conception of what was necessary to re-establish the finances of the State on a permanent business basis, but car- ried his plan into execution with the highest measure of success. He was called upon to deal with the big questions of finance and grasped it as he would have done had it been a big question ·of law, and did not waste time or go into details of immaterial moment. There had been many men in the history who were wise in big matters, yet were children otherwise.
I believe it was Sir Isaac Newton, the wisest of all scientists, who, when asked why he cut two holes in the door of his bed room, replied that one was for the big cat to come in, and the other for the little cat.
I have very little familiarity with history, but I have heard or read that the younger Pitt, Prime Minister of England, by sheer force of his great mind and sound judgment in dealing with the great problem of national finances when England was in a state of great finacial depression, and threatened with irreparable dis- aster, placed her on a sound and prosperous footing, yet as to his own finances, died hopelessly bankrupt.
I have said that in the field of judicial writing he was at his best. If I may with propriety express an opinion, I will say that I have never thought that his opinions, taking the common run of cases, were as practical, or instructive, or helpful to the bar and bench as were those of some of his predecessors and successors. They are learned and show thorough familiarity with the fun- damental principles of law, but do not appear to me to make as clear the ideas intended to be conveyed as is necessary to make them useful as guides and precedents.
He did write some opinions, however, that none but a man pro- foundly learned in the law and possessed of the ability to write the purest English could have written. No man who ever heard him in a public speech would believe, if he did not know who the author was, that Governor Roberts wrote the opinion on rehearing in Duncan vs. Magette, 25 Texas. Beginning near the bottom of the 252nd page and concluding at the bottom of the next page will be found a dissertation upon the distinctions be- tween law as practically and necessarily administered, and ab- stract justice, which is so philosophical and so rich in literary
-
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grace as to have been justly termed a legal classic. The reports of many courts will have to be searched to find anything superior in a literary point of view.
I recall distinctly that shortly after the opinion of Judge Rob- erts in Keuchler vs. Wright, beginning on the 467th page of the 40th Texas and covering 47 pages, appeared, it was pronounced by one of the leading law journals of the United States one of the ablest opinions ever delivered from any bench in all the judicial history of the government. In the preceding case of Bledsoe vs. I. & G. N. Ry. Co. Judge Roberts and Judge Gray and Special Justice J. W. Ferris, the latter writing the very able opinion, had decided the case, Justices Reeves and Devine dis- senting. Judge Moore, being disquailfied, did not sit in that case. Justices Reeves and Devine in Keuchler vs. Wright, still adhered to their position in the Bledsoe case and mandamus could issue, but agreed with the disposition of the case on another ground.
The opinions of both the majority and minority in the Bledsoe case are well worthy of reading at the hands of any lawyer. Both Judges Moore and Roberts wrote opinions in the Keuchler case.
Governor Roberts was especially capable in the selection of Judges for the higher courts. He knew a lawyer when he saw, or heard one.
When Hon. Malcolm D. Ector died in 1879 when he was Pre- siding Judge of the Court of Criminal Appeals, Governor Roberts at once appointed Hon. George Clark of Waco. His superior as a lawyer has never been upon any bench in Texas. The few opin- ions he wrote while on the Court of Criminal Appeals were monu- ments of unanswerable logic and judicial and legal learning. I have no doubt that there were many of the bar who can remember when in 1881 Governor Roberts appointed the Hon. John W. Stay- ton as Associate Justice of the Supreme Court. The expression was heard on every side, "who is John W. Stayton?" and nobody was more surprised than Judge Stayton himself. One of the distinguished members of one of the higher courts of Texas told me very recently that he chanced to be in Judge Stayton's office when he received the telegram tendering him the appointment. He read it over a time or two before he appeared to grasp exactly what it meant, and before accepting it got in his buggy and drove down to his house to consult his wife, and she advised him to accept, which he did. The bar of Texas soon learned who John W. Stayton was, and during his service of fourteen years as Asso- cite Justice and Chief Justice of the Supreme Court, the man who Governor Roberts had taken from a small Southwest Texas town, demonstrated that he would have done honor to any court in Christendom.
Since the above was written a judge of one of the appellate
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courts of Texas told me a very amusing incident in Governor Roberts' military career. On one occasion "Colonel" Roberts was advised that his regiment was to be reviewed by General Ben McCulloch. What the old man did not know about military tac- ties and etiquette would have made a large volume, so he re- ferred to Hardee's tactics, and calling his Adjutant, said: "Adju- tant, we are going to have a review, and we must have some music-music." All who know him recall how accustomed he was to repeating words.
The Adjutant said: "Colonel, we have no musicians or music." "Then get some, we are bound to have it. Hardee says it is neces- sary and that it must be placed on the right of the line. Get it- get it." The Adjutant started out, and chanced to meet an in- habitant of the country who was riding a gray mule, and inquired if he knew anybody who could play on any instrument, a trumpet, or trombone, or bugle. The countryman said he had a bugle at home and could play. He was directed to get it and take a posi- tion on the right end of the line. He did so. There was some delay in opening the review, and the mule went to sleep. When the calvacade of reviewing officers swept down the line and got near the bugler, he let out a blast that could be heard a mile, and it woke up the mule, and he pitched his rider right in front of the general and his staff, and broke up the parade and review.
I lived in Galveston when the court held session in that city and occasionally the old Judge broke bread with me at my very humble board.
One morning I overtook him taking his morning stroll. We passed by a spot he recognized and he said, "A preacher used to live here-I forget his name." I suggested a name, and he said "Yes, that is it, he was a preacher and a bachelor and he had two deers-a buck and a doe. Yes, lie was a bachelor. The buck was making a lot of noise-you understand."
Then he dropped that branch of his story and launched out into a physiological and sexological discussion on the habits of animals under certain circumstances, which was as amusing as it was instructive. It looked as if he would explain all that was capable of explanation, but I called him back to his main story.
"Oh, yes," he said, "I like to forgot the preacher and the buck. The preacher didn't have any sense about a buck deer. He didn't know a buck was like a man, he didn't want to be interfered with. The preacher tried to stop him and the buck jumped on him and cut him with his hoofs, till the preacher had to go to bed and stay two weeks. No, sir, you mustn't fool with a buck under those circumstances. If the preacher had had any sense, he wouldn't have fooled with the buck."
Whatever he knew, he knew well, but his way of telling it was intensely amusing; but he was, withal, a patriotic, honest man,
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who discharged every trust committed to his keeping with unfail- ing fidelity, and the highest degree of efficiency.
The leading opponent of Governor Roberts in both the election of 1878 and that of 1880 was Hon. W. H. Hamman of Robertson County, whom I had the pleasure of knowing.
In that day and time the Greenback Party was very strong in many parts of the United States, and General Hamman believed in its principles, as did many other able and patriotic men, and he espoused that cause with ardor and ability.
His fate was, of course, that of every man who dares io venture out into new fields of political thought and action, in that he was ridiculed and his sincerity was called in question, but he could possibly have had no unworthy motive for his action, and he had the courage of his convictions.
He was a man of impressive appearance, an able lawyer, a gentleman by birth and breeding, and a patriotic citizen. Being myself a "collar" Democrat, I, of course, voted the straight ticket, but inwardly I had a very considerable amount of sympathy with his views. I had not then, and have not since, studied much about the problems of national finance, as my own individual financial problems afforded me at once mental exercise and dis- tress, but since about ninety per cent of the business of the nation is done on credit, and there is nothing behind millions and bil- lions of national bonds except the good faith of the government, and the peple are in the last analysis the government, I was not, and am not, able to understand why money might not have been issued directly as well as in the form of bonds, which the people must pay at last.
However, those who are wise in the sphere of finance-and comparatively their number is few, said it could not be done, and the Greenback party was "crucified" on a "cross of gold." General Hamman defended his convictions with ability, and made a bold and courageous fight upon the principles which he be- lieved to be sound.
The sons of General Hamman have so demeaned themselves as to win the deserved respect and confidence of their fellow men, and reflect credit on their worthy sire, and their noble mother.
His youngest daughter is the lovely wife of that able lawyer and most efficient Congressman, Joe H. Eagle, who has represented the Houston district in Congress for the past eight years, but who declined to offer for re-election in 1920.
No man can be justly measured or judged amid the heat and passion of political conflict. His virtues are ignored, and his faults magnified, but when the fury of the political storm has passed, and men think normaly and calmly, they are just in their judgments.
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Gen. Hamman followed his convictions of duty, and now when the political organization to which he belonged is but a dim and shadowy memory and he has passed away, all men are willing to accord him that measure of praise, as an able, honest, worthy man that is justly his due.
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CHAPTER VII.
The election of 1863 came on in the midst of the War between the states and the public mind was absorbed by that fratricidal conflict, and no kind of election could arouse any very great public interest. There were 57,343 votes cast in 1861, but only 31,036 cast in 1863. The opposing candidates were Pendleton Murrah of Haris County and T. J. Chambers of either Liberty or Chambers County. I forget in which county he lived. General Chambers was a man of high character and of more than ordinary ability, and four times was unsuccesfully a candidate for gov- ernor.
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