History of Texas : Fort Worth and the Texas northwest edition, Volume II, Part 5

Author: Paddock, B. B. (Buckley B.), 1844-1922, ed; Lewis Publishing Company
Publication date: 1922
Publisher: Chicago and New York : The Lewis Publishing Co.
Number of Pages: 464


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Amendments to the constitution were adopted in 1891 which sub- stantially replaced Article V, creating the judicial department. Begin- ning with Governor Coke each governor had recommended reform of the judiciary. The new article finally accomplished a reform. In many respects the present organization of the judiciary, no doubt, is superior to the one discarded, but there is still much complaint upon the heads of prompt and business-like dispatch of cases and the cost attending suits. Not only was the reform of the judiciary noteworthy, but the judges that were selected were men of exceptional probity and learning ; a number of them, after a lapse of twenty years, were still members of the courts to which they were originally chosen, and others stood at their posts until they responded to the summons from beyond. The higher courts of the state were manned by judges in sympathy with the reforms then making, and presented a wide contrast to the federal judges then in Texas, whose freedom in granting injunctions and declaring state laws unconstitutional occasioned the recommendations, that life tenure be abolished, which appeared in successive Democratic platforms about this time.


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Summing up the results of the reforms of his administration Gover- nor Hogg said, recently the foundations of the state "have been relaid strongly, securely, to the end that the sovereign people may maintain, control and operate their governmental affairs at the lightest expense, without menace from any source." In an address before the Texas House of Representatives, January, 1897, W. J. Bryan said, "I have been gratified the better acquainted I have become with the laws to know that in the matter of securing just and efficient laws the state of Texas is taking the lead among the states of the Union. In fact, I doubt if any state in the Union has reached a more advanced position on the question of corporation law-in the regulation of these great corpora- tions, which to a great extent are doing the work of the country." (House Journal, 1897, p. 123.) Senator Culberson, in a speech at Dallas, October, 1912, pointed out that, instead of originating in certain Repub- lican states, notably in Wisconsin, "this progressive movement began in the Democratic state of Texas under the leadership of James S. Hogg ten years before La Follette was governor of Wisconsin and while Roose- velt was police commissioner of the City of New York.


"This movement took form in Texas in 1890, when corporate and selfish interests here were beginning to be more powerful than was consistent with the general welfare, and which, had they not been promptly curbed, would finally have placed this state under a corporate rapacity as insatiable and oppressive as that which pre- vails in California and Pennsylvania. * *


"The purpose in Texas then was not to replace a representative with a pure Democracy, not to govern by the people in mass rather than by their chosen representatives, but to make representative government more efficient and more truly representative of the whole people, and to regulate and hold in check corporations which were levying unrestrained tribute upon the people." (Dallas News, October 19, 1912.)


HOGG-CLARK CAMPAIGN


The period of reform was marked by extraordinary political activity. The Hogg-Clark campaign of 1892, with its mottoes of "Hogg and the Commission" and "Turn Texas Loose," was in many respects the most remarkable contest the state ever witnessed. Public interest in the elec- tion was universal and popular feeling in certain localities approached closely to partisan fury. The contest ended in a split of the Democratic state convention into two factions-a progressive Democracy led by Hogg and a conservative Democracy led by Clark. The silver question. although a national issue, strengthened the breach. During this year the Populist party entered the lists in this state ; it was skillfully led and drew a large support to its declaration of principles and proposed reforms. Many were dissatisfied with the monopolistic tendencies of the national Democratic party and with the domination by a political machine of the party at home. The contest between Hogg and Clark arrayed the machine forces on one side and the plain people on the other. Hogg received 190,486 votes, Clark 133,395 and Nugent 108,483. The Democratic victory, however, did not check the growth of the Populist


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party, notwithstanding that many of the reform measures received their hearty endorsement. (The Life Work of Thomas L. Nugent, 204.) The Pullman strike, which extended to this state, and President Cleve- land's high-handed method of dealing with it caused much dissatisfac- tion. Cleveland's anti-silver policy, the panic of 1893, resulting in monetary stringency, falling prices and low wages, vexed and distressed the people, leaving them little to hope for in the future in the way of relief from existing unhappy conditions should the Democrats continue in power. The campaign of 1894 promised to be a severe test of the Democratic party's strength in Texas. In March peace was made be- tween the Hogg and Clark factions at a harmony meeting held for that purpose. Among the candidates for governor were Charles A. Culber- son, John H. Reagan, John D. McCall and S. W. T. Lanham-all prom- inent, capable, "free-silver" men.


When Hogg entered the race for governor in 1890, he was deeply interested in the choice of an attorney general who would conduct the office along lines in harmony with his own policies. It was partly at his suggestion that Culberson entered the race, and the latter conducted the office with eminent ability as well as fidelity to the policies of Gov- ernor Hogg. The race nevertheless was very close; a short time before the convention the governor openly supported the attorney general; still a "deadlock" seemed in prospect for the convention. To avoid this con- tingency, a resolution was offered to abolish the two-thirds rule in mak- ing nominations, and after much debate it was adopted by a vote of 481 to 374. The two-thirds rule had been strictly adhered to in this state from the earliest conventions, but its abolition was followed by another resolution "that hereafter the relative strength of each candi- date in the several counties shall be allowed to be represented in the state convention." With the party machinery then in use this suggestion was impracticable. The platform, however, demanded the enactment of a primary election law, and the one passed in 1905 gives to each candidate the benefit of every vote cast for him in determining his standing before the state convention. This provision has greatly increased the impor- tance of the individual voter and proportionately minimized the im- portance of the convention. Culberson received the nomination, but was furnished a platform which declared against "free silver." He had expressed his views upon this subject before his nomination, and did not alter them afterwards ; it was purely a national question, but the dissatis- faction of the gold Democrats was increased nevertheless. The election resulted in 207,167 votes for Culberson and 152,731 for Nugent. The state's finances and the condition of the country made economy impera- tive ; important reductions were made in official fees. A voluntary arbi- tration law. a fellow-servants act, and the first primary election law were passed. The anti-trust law was amended so that it became the strongest in the Union. The first text-book law in this state was en- acted. Frequent changes in the text-books in use and the exorbitant price charged for them had long made such legislation desirable. Im- provements in successive acts have made the one passed in 1911 one of the best to be found upon this subject. But the able and progressive character of his administration did not forestall the necessity of making


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a strenuous campaign for re-election. He received 298,528 votes and Jerome C. Kearby, the Populist candidate, 238,692 votes-the largest vote ever polled against the Democratic party in Texas; it was also the last formidable opposition offered; each succeeding election has shown a decrease in the total vote of opposing parties. In his second inaugural Governor Culberson said, "The campaign through which we have just passed was the most virulent and vindictive in our history. * To *


* have passed uninjured in character through that storm of malice and hate and political depravity and received decisive expression of the faith of a great people is to me unpurchasable and priceless. *


* * But above personal indorsement and vindication is the distinctive triumph here of the great party to which most of us belong, and the assurance of good government for the state. Whether the one shall be enduring and the other perpetuated through that agency may be influenced by your deliberations. Broadly speaking, what is demanded to further these results is that we act uprightly with the people. Not a single promise of legislation which we have made should go unredeemed, and no sub- stantial public interest be disregarded. In a still larger and nobler sense. the ambition of all should be the advancement and the grandeur of Texas. Glorious in her infancy, rich in her later memories, splendid in her present achievement. and limitless in promise and in future, she offers exhaustless material for the betterment of mankind and the building of a mighty commonwealth."


CHAPTER XXXV


MEN AND MEASURES 1157722 The following chapter, devoted to the political events in Texas, from the redemption of the State from "Carpet Bag and Scallawag" rule down to the present, will deal with "Men" with such incidental reference to "Measures" as are deemed necessary to properly record the activities of those who assayed to direct the destiny of the State from a political standpoint.


The overwhelming majority of the democratic party was calculated to make aspirants to place and power indifferent to preconvention and pre-election promises made, either by the candidates or convention plat- forms.


A story told of a colloquy between the conductor of a railway train and a passenger illustrates the attitude of many candidates. The con- ductor is said to have remonstrated with the passenger for standing on the platform of the car. The passenger asserted that "platforms were made to stand on;" the conductor retorted: "No, they are made to get in on." This theory has been adopted by many candidates in recent years ; elected and inducted into office, they forgot, or purposely ignored, every promise made prior to election. This is not true of all, but of many ; and serves to illustrate the evil effect of a majority, which makes the "nomination equivalent to election."


There are some sidelights on the deliberations and actions of political conventions, which should be interesting to those who participated and in a measure instructive to the general reader.


The first Democratic State Convention held in Texas assembled in the City of Waco in May, 1857.


It was called to order by John Marshall of Travis County, the Chair- man of the State Executive Committee. M. D. Rector of Rusk County was made temporary Chairman and R. T. Brownrigg of Travis County temporary Secretary, Thomas P. Ochiltree and A. B. Burleson Sergeants at arms.


One hundred and seven counties were represented by delegates; there was a contested delegation from Tarrant County, from Birdville and Fort Worth respectively, the contest growing out of the rivalry caused by the contest for the location of the County Seat which was then being waged. The delegation from Fort Worth was seated and J. R. Wallace of the Birdville delegation given a seat by courtesy.


The platform, among other planks, favored the right of the owners of slaves into Free Territory, and the doctrine of State Rights was asserted in the following language :


"Resolved that the Federal Government is one of limited power derived solely from the Constitution, and the grants of power made therein ought to be strictly construed by all departments and agents of the Government, and that it is dangerous to exercise doubtful Consti- tutional powers."


Jim Wells of Brownsville and James W. Throckmorton of Collin County were members of the Convention, as was George W. Jones of


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Williamson County, who afterwards strayed into the Greenback Camp. Jones was elected to Congress during the "Greenback" controversy and was several times an unsuccessful candidate for Governor on that ticket.


F. R. Lubbock, the candidate for Lieutenant Governor, served on the staff of President Davis of the Confederate Government and was State Treasurer for three successive years. Ochiltree went over to the repub- lican party after the war and was a member of Congress for one terni and was made United States Marshal during the Administration of President Grant.


The first democratic convention of more than ordinary interest was held at Austin, July 17, 1878. It met in an unfinished building known as the Millet Opera House. The floors of the building had not been laid, and the delegates, some 1,500 in number, occupied seats made of rough planks laid on empty beer kegs, two or three feet below the level of the street. A July sun shone in upon this mass of humanity, making it about as uncomfortable as could be imagined.


The candidates for the nomination were Richard B. Hubbard, then Governor of the State; J. W. Throckmorton of Collin County and W. W. Lang of Falls County.


The delegates supporting Hubbard being in the majority, a temporary organization was perfected by the election of W. S. Herndon of Smith County as Chairman and B. B. Paddock of Tarrant County as Secretary.


The report of the committee on credentials developed the fact that on a roll call by the counties the Throckmorton delegates were in majority and a permanent organization resulted in the election of M. D. K. Taylor of Marion for President and John Bookhout of Dallas County for Sec- retary


The customary two-thirds rule was adopted, and after preliminary matters were disposed of balloting commenced, which developed that Hubbard was in the majority but did not have the necessary two-thirds. The balloting continued for several days without any marked change in the result. About the third day Throckmorton was withdrawn and his supporters cast their votes for W. W. Lang, demonstrating the assertion made in the opening paragraph that men rather than measures dictated and controlled political action. In the canvass preceding the convention, Mr. Lang had denounced the democratic party in the most violent and unmeasured terms, and yet men claiming to be democrats cast their vote for him as a candidate for the highest office within the gift of the State.


Lang was no more successful than Throckmorton. Hubbard still maintained a majority but not the necessary two-thirds. Lang was then withdrawn and Thomas J. Devine of Beaux County was placed in nomination, but was no more successful than the two preceding can- didates had been. On the fifth day, it having become evident that Hub- bard could not get a two-third vote and no one a two-third vote against him, it was ordered that a committee of thirty-two be appointed, sixteen from each of the adherents of Hubbard and Throckmorton, who were to select a candidate and report its findings to the convention.


The convention adjourned to allow the committee time to deliberate, and another day was consumed before it reached a conclusion. The com- mittee met with thirty members present, and on the first ballot John H.


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Reagan received fifteen votes, W. P. Ballinger of Galveston, two votes, John Ireland, five votes, R. Q. Mills of Navarro, three votes, O. M. Roberts of Smith and Charles Stewart of Harris, one vote each.


None of these men were candidates. The second ballot was nearly the same. In the meantime the two absent members of the committee, W. W. Walton and Wills Thompson, came in, and on the fourth ballot Roberts received eighteen votes, Reagan thirteen and Mills one, giving Roberts the necessary majority.


The members of the committee reported to their respective cau- cusses, which endorsed their action and so reported to the convention. The report of the committee was approved by the convention, and it then proceeded to the nomination of the rest of the State ticket. Joseph D. Sayers was nominated for Lieutenant Governor.


The usual democratic platform, as expressed by the national dem- ocratic convention of 1876, declaring in favor of a sound currency and reform in administration of the national government, was adopted ; that the State debt must not be increased, taxes must be reduced, expenses not to exceed the revenue, the frontier protected, laws rigorously- enforced, public free schools maintained and convicts worked inside the walls of the penitentiary instead of being hired to the railroads and other large employers of labor.


The Greenback party, which had begun to assume some prominence in the State, nominated as its candidate for governor W. H. Hamman of Robertson County ; for Lieutenant Governor J. S. Rains.


The Republicans put in nomination A. B. Norton of Dallas County. At the election in November Roberts received 158,933 votes, Hamman 55,602 votes and Norton 23,402 votes.


Governor Roberts' administration was eminently satisfactory. He adopted as his slogan "Pay as you go" and set his face sternly against every attempt to make expenditures in excess of the revenue. To him also was accredited the statement that "Civilization begins and ends with the plow."


In 1880 many of the men who went down in defeat with Hubbard endeavored to prevent the nomination of Roberts for a second term. The convention met in Dallas in July. The candidates were O. M. Roberts and J. D. Sayers, governor and lieutenant governor, respectively.


Many people differed with Governor Roberts in regard to certain features of his policy. There was also another element of influence which had begun to affect public sentiment ; this was known as the "Young Democracy," which assayed to claim recognition as being more progress- ive in its policy of government than the older men of the party. They advocated the nomination of Lieutenant Governor Joseph D. Sayers, but the first ballot demonstrated that they were in a hopeless minority, and Roberts was nominated on the first ballot.


L. J. Story of Caldwell County was nominated for lieutenant gov- ernor. In that year E. J. Davis was the Republican candidate and W. H. Haman candidate of the Greenback party. In the election which fol- lowed O. M. Roberts received 166,001 votes; E. J. Davis, 64,382 and W. H. Haman, 33,721 votes. The second administration of Governor Roberts was productive of much constructive legislation. During that


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term the State University was founded, and one million acres of the public domain of the State was set aside for a permanent University fund.


On November 9, 1881, the State Capitol was destroyed by fire, destroying practically all of the records of the State. A special session of the Legislature was called, which held its sessions in the Millet Opera House, the House of Representatives occupying the main auditorium and the Senate an adjacent hall. During this session a contract was entered into with a syndicate of Chicago capitalists, headed by Mr. I. B. Farwell and others, for the construction of a capital building upon plans and speci- fications submitted, for which they were to receive as full compensation three million acres of land in the Panhandle of Texas adjacent to the border of New Mexico. The land, at this time, was thought to be worth about fifty cents an acre. The Capitol building was reported to have cost the syndicate around $3,500,000, so that the contract was considered favorable for the State. In the meantime a temporary Capitol was erected on land provided by the City of Austin adjacent to the Capitol grounds, which served until the new building was completed in 1888. The corner- stone of the new Capitol building was laid with imposing ceremonies on Independence day, March 29, 1885, and the building dedicated on May 16, 1888. The following particulars of the dedication ceremonies are taken from Wooten's History of Texas: "Public notice had been given of the occasion, and preparations had been made for it. The people -- men, women and children-came from all parts of the State to the num- ber, as estimated at the time, of from eight to ten thousand, who, upon their arrival upon the capitol grounds, beheld, to the astonishment and ad- miration of most of them, the magnificent granite structure, with its great expanse spreading out on Capitol Hill, 560 feet in length and 274 feet in width, with its body of granite blocks and ornamented pilasters loom- .ing up from its surrounding paved walk, three high stories surmounted by a dome patterned after that of St. Peter's at Rome, with the Goddess of Liberty on the top, holding aloft the five-pointed Texas star, 312 feet high. There it stood, the representative of Texas in its immense proportions . the representative of Texas in the materials of its construction ; the rep- resentative of Texas in its large and increasing population ; the representa- tive of Texas in the commemoration of the early Texans whose valor and intellect acquired the three millions of acres of land that paid for its erection ; the representative of Texas in the conception of its people of the day, to fasten together the four corners of Texas in an inseparable union in all time to come; the representative of Texas as the State's domicile, where its wise men shall meet and consult for fostering the interests and protecting the rights and liberties of all of its people. In anticipation of the occasion, and to do honor to it, a memorable incident in the history of Texas-there had been appointed a public military drill, for which suitable ground had been prepared near the city. It was attended by officers and soldiers of the United States army and a large number of militia companies of Texas. The Masonic fraternity had also furnished members of its body to do honor to the occasion, and they, with the bodies of military troops, formed in a procession to march to the capitol in the following order : The mounted police, the Masonic Grand Commandery


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and Grand Lodge of Masons, Colonel Smith's Nineteenth United States Infantry and band, battery of United States Artillery, United States Cav- alry, Galveston Band, Adjutant-General King and staff and a number of companies of the State militia. At the entrance of the capitol grounds Governor Ross, General Stanley and General Mexia of Mexico received the procession, which proceeded to and around the capitol; the body of Masons leaving it, proceeded to the stand in the south front of the build- ing, where, under a broad high arch, were seated Governor Ross, General Stanley of the United States army, General Mexia of Mexico, General Benavides of Laredo, Texas, the speakers of the day; Hon. A. W. Ter- rell, Hon. Temple Houston and Col. Abner Taylor, the contractor for the building of the capitol, the Texas Veteran Association, the executive officers and other distinguished citizens, including three ex-governors and officers of the Legislature. This great concourse of people was a minia- ture embodiment of all the people of Texas assembled to dedicate their capitol, that should stand through countless ages an honor to all of the people that have lived and were living in Texas up to that good day-the 16th of May, 1888-and a bounteous gift to future generations for their use. All of them were anxiously awaiting the commencement of the ceremony when Governor Ross arose and introduced the Rev. J. C. Woolam, a veteran preacher and a veteran soldier of 1836, who offered an impressive prayer. Then Governor Ross, with all the pride of an old Texan and of presiding at the head of the government on this grand occasion and with a countenance beaming with the delightful conception of it, delivered an eloquent and feeling address. Hon. A. W. Terrell, in his happy style, traced the history of Texas from its infancy as a known country, through its trials and hardships, through its great achievements in the council and in the field of battle, through its social and industrial progress, from its small beginnings to a magnificent and extensive pros- perity, inhabited by a people with nerve and enterprise equal to the task of its development. At the close of his address Hon. Temple Houston was introduced. He was the youngest son of the soldier and statesman who had led the old Texans in the battle that made the Texas star on the top of the capitol the emblem of Texas liberty and independence. The very sight of him, with the announcement of his name and parentage, brought a joyful memory of the past to the minds of the veterans present. He delivered a finished and appropriate address. Col. Abner Taylor, being introduced, addressed the people, congratulated them upon having the most elegant capitol (with possibly one exception) of any state in the Union, that had been most cheaply obtained without taxing the people for it, and expressing his personal gratification at having car- ried the work through to a successful completion. After the audience was notified of the close of the ceremony, there were many glad greetings of old acquaintances and friends thus brought together, as they gradually dispersed and left the building.




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