USA > Texas > History of Texas : from 1685 to 1892, volume 2 > Part 36
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44
We find that the cost of the legislature of 1857 was $159,760; that of 1866 was $167,000; that of 1870, $307,000, and that of 1871, $285,000, exclusive of the expenses of the adjourned session, which will probably be several hundred thousand dollars more, while the number of members, the per diem and mileage were the same for that of 1866, as.for the legislature of 1870 and 1871.
We find that the ad valorem tax upon property in the years 1858 and 1859 was for the State one-eighth of one per cent ; for the county one-half of that rate.
In 1866, the rate of taxation was increased, for the State, to fifteen cents on each hundred dollars, and for county pur- poses, not exceeding one-half of that rate. The legislature of 1871 increased the taxes as follows, viz :
Ad valorem State tax upon property, one-fourth of which is for schools, one-half of one per cent ; ad valorem county tax, one-quarter of one per cent ; ad valorem road and bridge tax, one-quarter of one per cent ; ad valorem tax for school- houses, one-eighth of one per cent ; tax for building school- houses and maintaining schools, one per cent; a poll-tax of one dollar for schools ; a poll-tax of one dollar for roads and bridges; besides the occupation and license taxes, and the tax for the frontier bonds which is understood to have been fixed by the Comptroller at five cents on each hundred dollars, from which it will be seen that our present rate of taxation for State and county purposes is about two dollars and seven- teen and a half cents ($2.17}) on each hundred dollars, besides the poll-tax and occupation and license taxes.
The following is an estimate of the taxes levied from the
468
HISTORY OF TEXAS.
polls the present year. The estimated value of the property subject to taxation is $212,000,000:
One-half of one per cent on above, as ad valorem State tax will produce.
$1,060,000
One-quarter of one per cent ad valorem county tax. 530,000
66
bridge tax 530,000
One eighth of one per cent, as one-quarter of State tax for school purposes. 265,000
One-half of one per cent, as tax to pay frontier bonds 106,000
One per cent tax for school-house purposes, etc. 120,000
Poll-tax for roads and bridges, estimated.
150,000
Poll-tax for schools, estimated. 150,000
License and occupation for State, estimated.
300,000
county
150,000
$3,355,000
In addition to the above, each tax-payer has to pay for the commission for assessing his ad valorem tax, which it is sup- posed will amount to about three per cent on his ad valorem tax.
Your committee believe, from the best examination they have been able to give the subject, that the expenses of the government and the present rate of taxation are excessive. They think the ordinary annual expenses of the government should not exceed $695,000. They believe that an ad valorem tax of one-third of one per cent for the State, and one-sixth of one per cent for the counties, with the present poll-taxes and license and occupation taxes, will produce an amount of revenue ample to meet all necessary expenses, besides afford- ing a liberal amount for public schools, and still leave a sur- plus in the treasury.
An ad valorem tax of one-third of one per cent upon $212,000,- 000, the estimated value of property in the State, will
$706,666 66 produce
Estimate of license and occupation tax. 300,000 00
$1,006,666 66
Deduct one-quarter, set apart by Constitution for schools .... 251,666 66
Leaves for ordinary expenses $755,000 00
469
HISTORY OF TEXAS.
There will then be applicable for public schools, the above one- quarter.
$251,666 66
Poll-tax of one-dollar, estimate.
150,000 00
Annual interest on railroad bonds.
136,431 00
In Treasury belonging to shool fund
This gives annually for public schools $538,097 66
A county tax of one sixth of one per cent on $212,000,000 will produce.
$353,333 33
License and occupation tax, one-half that for State.
150,000 00
Poll tax for roads and bridges, estimated.
150,000 00
This gives for county purposes
$653,333 33
The expenses for the building of school houses should be levied by the citizens of each school district, on the property situated in the district.
1. Resolved, That the present rates of taxation are greatly in excess of the legitimate and necessary wants of the Govern- ment.
2. Resolved, further, That the Legislature now in session be, and they are hereby requested by this Convention, as the representatives of the tax-payers and citizens of the State, to revise and remodel the tax laws, so as to levy in lieu of all other direct ad valorem taxes, only one-third of one per cent on all real and personal property, not exempt from tax- ation, for State purposes, and not exceeding one-half that rate for county purposes. The constitutional rate for school purposes to be taken from the amount thus levied for State purposes.
In view of the foregoing facts, showing the infractions of the Constitution and laws of the State, and in view of the extraordinary expenditures proposed by the authorities and legislature of the State, and consequent burden of taxation levied upon the people to meet such expenditures, and in con- sequence of the violations of the rights and interests of the people, as are clearly shown to exist in the enactments of the legislature, and in the exercise of unlawful and august
470
HISTORY OF TEXAS.
powers assumed by the Governor of the State, therefore, be it
Resolved, by the representatives of the people of Texas, in convention assembled :
1. That a committee of seven be appointed by the Presi- dent of this Convention, whose duty it shall be to embody the action of this Convention and confer with the legislature and ask from that body, a redress of the grievances of which the people of the State complain.
2. That this Convention declare to the people of the State (having taken competent legal advice thereon) that the order of the superintendent of schools for the collection of one per cent for the building of school-houses, etc., is illegal and void, and we advise the people not to pay the same but only to pay the one-eighth of one per cent as levied by the legis- lature
3. That the committee to be appointed, as before directed, shall at once prepare an address to the people of the State, advising them in what particular manner to resist through the courts of the country the payment of the school-house and such other taxes as are deemed illegal.
4. That in the event the recommendations of this Con- vention should be disregarded by the Governor and legisla- ture, and no measures of relief to the people be adopted, and no early day be fixed for an election and assemblage of the legislature, the committee appointed by the president of the Convention shall prepare a memorial, which shall be pre- sented from the committee through our delegate in Congress, to the authorities of the General Government, praying that the people of Texas may be protected in the right guaranteed by the Constitution of the State in the election of members of the legislature, under a just apportionment, as well as an election of State and county officers ; and that said commit- tee shall be fully authorized to present such facts and evidence as will tend to secure the great object in view.
471
HISTORY OF TEXAS.
5. Resolved, That while we are assembled here from every part of this great State, to protest to mankind against the griev- ous wrong under which the people are now laboring, we do at the same time solemnly and earnestly deprecate all violations of law and order, whether committed by bodies of men calling themselves by one name or another, or called by others by any name whatever.
6. That we recognize the right of every person in the State without regard to race or previous condition, to equal civil and political rights under the law and to have protection for his life, liberty and property. That we are in favor of pay- ing all lawful and reasonable taxes for the establishment of public free schools, and to carry on the government ; but, at the same time, we recommend to the people that they do not pay such portions of the tax now demanded as we here show to be illegal.
7. That we solemnly appeal to the deliberate judgment of the civilized world, and especially to that portion believing in the principles of Republican government, for their support and aid in our interest.
All of which is respectfully submitted.
A. J. HAMILTON, Chairman.
R. M. HENDERSON, Secretary.
Jno. Ireland,
A. W. Moore,
Jno. M. Crockett,
N. O. Green,
James Shaw,
A. S. Lathrop,
Geo. Quinan,
Wm. M. Walton,
Francis M. White,
S. P. Hollingsworth,
Jno. W. Robertson, M. A. Gaston,
D. A. Nunn,
T. J. Chambers,
J. W. Throckmorton,
E. L. Dahoney.
Rufus Price,
On motion, the report of the committee was adopted, when the resolutions, thereto attached, were taken up seriatim, and adopted by the convention.
472
HISTORY OF TEXAS.
The president announced the committee of seven to memorialize the legislature, as follows:
W. M. Walton, John Ireland, J. W. Throckmorton, J. T. Harcourt,, M. C. Hamilton, A. J. Hamilton, C. S. West.
On motion of Governor Throckmorton, E. M. Pease, the president of the convention, was added to the committee.
E. M. PEASE, President of the Convention. WM. M. RUSK, Secretary.
Notwithstanding large amounts were collected for that purpose, not a single school house was erected in the State with the money. Many, before realizing the facts, paid the tax ; while many, being better informed, did not.
ADJOURNED SESSION OF THE TWELFTH LEGISLATURE.
As has been seen, the first provisional session of the legislature, after ratifying the amendments to the constitution, adjourned February 24, 1870, to await the action of Congress, which accepted the new constitution on the 30th of March, and the legislature re-assembled in regular session on the 26th of April, and adjourned on the 15th of August, to re-assemble on the 10th of January, 1871, on which day it re-assembled and continued in session till the 31st of May; in doing so, it resolved to hold a fourth session, thereby prolonging the term of its members beyond its constitutional limits; but that fourth session was never held. There ought to have been an election for members of the legislature, in November, 1871, but none was held. This would have been the thirteenth legislature ; but, the election not being held until November, 1872, in the middle of the constitutional term, the thirteenth legislature assembled on the 14th day of January, 1873, with Edwin B. Picket as president pro tem of the senate,
473
HISTORY OF TEXAS.
and M. D. K. Taylor of Marion speaker of the house. Among its acts was a joint resolution affirming the fact that they ought to have been elected a year earlier and providing that the next, or fourteenth legislature, should be elected in November, 1873. This wise and unselfish measure restored the constitu- tional order of events for the future.
-
CHAPTER XLIV.
The Thirteenth Legislature - Its good work - Changes in the Judiciary - Richard Coke elected Governor.
In the senate of the thirteenth legislature, one-half of the members holding over, there was a majority of three opposed to the policy of Gov. Davis. The house, all being elected in November, 1872, was overwhelmingly so.
This legislature accomplished great good for the State by remodeling or repealing several of the laws heretofore referred to as so obnoxious to the people. It also enacted a law by which the State escaped the issuance of the $6,000,000 of bonds to the Texas and Pacific R. R. Company, substituting therefor land grants in accordance with the previous legislation of the State; the wisdom of which was demon- strased by the final completion of that great thorough- fare from Shreveport to El Paso, with its connecting branches, from Marshall to Texarkana, and from that point via Clarksville, Paris, Bonham, Sherman, Pilot Point and Denton to Fort Worth; the final result of all which was to connect Texas with New Orleans, Vicksburg, Memphis, Cairo,
St. Louis, Chicago, Kansas City and the entire system of rail- roads east and west of the Mississippi; and, not only with El Paso, but San Diego and San Francisco in California. In all the legislation affecting the material interests and develop- ment of Texas, no wiser act was ever passed by its legislature. To it and its various connections afterwards, we are indebted for connections with the city of Mexico, the cities of the Rocky Mountains, the Indian Territory, Western Kansas, etc. Under its enactment, as before stated, the election for
(474)
475
HISTORY OF TEXAS.
governor, State and county officers, and members of the fourteenth legislature, came off in November, 1873, the proper constitutional period, and a year sooner than would have taken place, under the action of the twelfth legislature. The election, however, was held, under the previous legislation, only at the county seats and under the surveillance of the special and regular police of the State. The contest was between Richard Coke, of Waco, the Democratic candidate, and Governor Davis. Coke received 103,038 votes, Davis 51,220; Coke's majority being 51,818, or two to one.
As soon as the result of the election became known it was proclaimed that Governor Davis would not yield up the office at the assembling of the legislature in January, 1874, but claimed the right to continue for the full term of four years ending April 28th, 1874, from the date of his inaugura- tion. This was palpably in violation of a special provision of the constitution in relation to the term of the first governor, elected under its provisions. Excitement ran high over the country. A quasi case was made up to obtain a decision on the subject by the Supreme Court. That body, composed of three appointees of Governor Davis, indirectly made a decision in his favor. The time for the meeting of the legislature arrived and large numbers of people from different parts of the country assembled in Austin to witness what they regard- ed as the crowning act in the redemption of Texas from oppressive laws. Governor Davis occupied the lower rooms of the capitol building, with a body of armed men ; the major- ity of whom were said to be negroes. Governor-elect Coke temporarily placed a small force in charge of Gen. Henry E. McCulloch, then a private citizen.
The Hall of Representatives and Senate chamber being un- occupied by Davis' force, were entered by the senators and representatives, and the house duly organized by electing Hon. Guy M. Bryan, of Galveston, speaker. Everything in- dicated a hostile collision. Mr. Bryan called to his aid Gen.
476
HISTORY OF TEXAS.
Wm. P. Hardeman, Col. John S. Ford and Mr. Wm. N. Hardeman, and after appropriate remarks on the gravity of the occasion, appointed them temporary sergeants-at-arms, with authority to organize a special police to protect the hall against armed violence and to enforce the authority of the house in all its rights.
Pending this condition of things, Gen. Hardeman, in per- son, visited Governor Davis, represented the hazards of the situation and warned him that if a drop of blood was shed he (Davis) would be held responsible for the consequences. Governor Davis received him kindly, and, impressed by the admonition, dismissed his armed force.
In the meantime Governor Davis telegraphed to President Grant, asking that the aid of the Federal troops might be in- voked for the maintenance of his assumed rights. President Grant promptly replied that, as the election seemed to have been free, peaceable and fair, and the majority against Gov- ernor Davis so great, he declined taking any action in the matter and advised yielding to the voice of the people. Thus admonished, Governor Davis retired from office. President Grant, already held in high esteem from his con- duct towards General Lee and our soldiers when they surren- dered, and, in their protection afterwards, nobly added to that sentiment, which continued until his death, as was shown by public meetings and memorial services throughout Texas on the day of his obsequies in the city of New York.
Governor Coke and Lieut .- Governor Richard B. Hubbard were then peacefully sworn into office, the legislature fully organized and the people of Texas, after the lapse of nearly nine years, once more breathed the air of freedom. This auspicious event was consummated on the night of January 13-14, 1874.
To avoid confusion in dates and events, the following facts are summarized :
From the admission of the State by Congress in 1870,
477
HISTORY OF TEXAS.
Morgan C. Hamilton was United States senator, for a frac- tional term of one year, and a full term of six years-ending March 4th, 1877.
James W. Flanagan, of Henderson, from March, 1870, to March, 1875.
Richard Coke, of Waco, March, 1877, to March, 1895.
Samuel Bell Maxey of Lamar, from March 4th, 1875, to March 4th, 1887.
John H. Reagan, of Palestine, from March 4th, 1887, to 1891.
Horace Chilton of Tyler (by executive appointment), suc- ceeded Reagan and served from December, 1891, to March, 1892.
Roger Q. Mills of Corsicana, was elected by the legislature in March, 1892, to fill the remainder of Reagan's term, which will expire March 4th, 1893.
REPRESENTATIVES IN CONGRESS.
Under the apportionment of 1860, Texas was entitled to four representatives in Congress. Under that of 1870, to six members, which went into effect in March, 1873. Under that of 1880, which took effect in March, 1883, to eleven members,- and under that of 1890, which will take effect in March, 1893, to thirteen members.
The following list shows the names of all the members covering this period, and the time served by each one.
George W. Whitmore, of Tyler, from 1869 to 1873.
John C. Conner, of Jefferson, from 1869 to 1873.
Wm. T. Clark (said to be of Bridgeport, Conn.), from 1869 to 1871.
Edward Degner, of San Antonio, 1869 to 1871.
Wm. S. Herndon, of Tyler, 1871 to 1873.
DeWitt C. Giddings, of Brenham, from 1871 to 1875 and from 1877 to 1879.
478
HISTORY OF TEXAS.
Wm. P. McLean, of Titus, from 1873 to 1875.
Roger Q. Mills, of Navarro, from 1873 to his resignation in order to enter the Senate in April, 1892.
Asa H. Willie, of Galveston, from 1873 to 1875.
John Hancock, of Austin, from 1871 to 1877.
David D. Culberson, of Jefferson, from 1875 to 1893.
James W. Throckmorton, of Collin, from 1875 to 1879 and from 1881 to 1883.
Gustave Schleicher, of DeWitt, from 1875 to his death in 1879.
Wm. H. Martin, of Athens, from 1887 to 1891.
John B. Long, of Cherokee, from 1891 to 1893.
George W. Jones, of Bastrop, from 1879 to 1881.
Joseph B. Sayers, of Bastrop, from 1881 to 1893. Wm. H. Crain, of DeWitt, from 1879 to 1893. Charles Stewart, of Houston, from 1879 to 1893. Olin Welborn, of Dallas, from 1879 to 1887. Joe A. Abbott, of Hillsboro, from 1887 to 1893.
S. W. T. Lanham, of Weatherford, from 1883 to 1893. James F. Miller, of Gonzales, from 1875 to 1877.
Littleton W. Moore, of Fayette, from 1877 to 1893. J. W. Bailey, of Cooke, from 1891 to 1893. Silas Hare, of Sherman, from 1883 to 1889.
Constantine B. Kilgore, of Wills Point, from 1887 to 1893.
Columbus Upon, of San Antonio, from 1881 to 1883.
Thomas P. Ochiltree, of Galveston, from 1877 to 1879.
SUPREME COURT JUDGES.
During Gov. Pease's military term, 1867, to the organization under Gov. Davis in April, 1870, the Supreme Court consisted of Amos Morrill, chief justice, C. Colwell, A. J. Hamilton (resigned during the term), Albert H. Latimer (resigned, and Gen. Moses B. Walker, late of Ohio and a Union soldier, appointed, ) and L. Lindsay, associates. Their immediate pre-
479
HISTORY OF TEXAS.
decessors, in 1866-7, were George F. Moore, chief justice - associates, Richard Coke, S. P. Donley, Asa H. Willie and George W. Smith.
(In 1866 the legislature elected the venerable first president of Texas, David Gouverneur Burnet, and ex-chief justice Oran Roberts as United States senators, while the people elected as the four representatives to Congress, Benj. H. Epperson, of Red River, Anthony M. Branch, of Huntsville, Claiborne C. Herbert of Colorado, and George W. Chilton, of Tyler, but owing to the congressional determination to reject President Johnson's plan of reconstruction, these gentlemen were denied seats. )
On the accession of Gov. Davis to power he nominated and the senate confirmed Lemuel D. Evans as chief justice and Messrs. Moses B. Walker and Wesley Ogden as associate justices of the Supreme Court. Failing health caused Judge Evans to resign and the Governor appointed John D. McAdo to fill the vacancy, the court thereafter consisting of McAdo, Ogden and Walker, each of whom had served for a time on the district bench; their subsequent ruling, declaring the elec- tionof 1873 unconstitutional, caused much reproach, but, with this exception they were accredited with judicial fairness, and, though Walker was a comparative stranger, all were regarded as honorable men, Messrs. McAdo and Ogden wherever known, having long enjoyed public respect and esteem.
On the inauguration of Coke's administration, in January, 1874, under an amendment of the constitution, the Supreme Court was reorganized with five members, with Oran M. Roberts as chief justice, the four associates being William P. Ballinger, George F. Moore, Thomas J. Devine and Reuben A. Reaves. Messrs. Ballinger and Devine subse- quently resigned and Messrs. Peter W. Gray and John Ireland were appointed. Charles S. West also filed a vacancy caused by Ireland's resignation; Judge Gray resigned in 1874 and was succeeded by Robert S. Gould.
480
HISTORY OF TEXAS.
Under the constitution of 1876, another change occurred. The Supreme Court was reduced to three members, and a Court of Appeals of three members, with criminal and a restricted civil jurisdiction, was created. The Supreme Court consisted of Oran M. Roberts, chief justice, with George F. Moore and Robert S. Gould associates. Of the Court of Appeals, John P. White (as presiding judge), Clinton M. Winkler and Matthew D. Ector were made the judges.
No change was made in the higher judiciary until the adop- tion of certain constitutional amendments in 1891, which remains ineffective till the election to take place in November, 1892. These amendments, containing our present judicial system, will be found in the State constitution.
In 1878 chief justice Roberts was elected Governor, and George F. Moore succeeded him and served till his resignation in 1881. He was succeeded by Robert S. Gould and he, in 1880, by John W. Stayton, who is still so, his associates being Richard R. Gaines and John L. Henry. Sawnie Robertson filled a vacancy for a time, but declined longer service.
Judge White resigned as presiding judge of the Court of Appeals, and was succeeded by Associate James M. Hunt, who had served from 1880. Samuel A. Wilson served on that bench several years, and was succeeded by W. L. David- son. A vacancy by resignation in 1892 was filled by E. J. Simkins. The court now consists of James M. Hurt, as pre- siding judge; W. L. Davidson and E. J. Simkins, as associates.
GOV. RICHARD COKE
CHAPTER XLV.
COKE'S FIRST ADMINISTRATION.
Governor Coke in 1874 appointed George Clark, Secretary of State. The people had elected Stephen H. Darden, Comp- troller, Andrew J. Dorn, Treasurer, and J. J. Groos, Commis- sioner of the Land Office.
Under an amendment to the Constitution, the Supreme Court was so remodeled, as heretofore shown, as to consist of a chief justice and four associate justices. Governor Coke nominated and the senate confirmed, Oran M. Roberts as chief justice, and, as associate justices, Wm. P. Ballinger, George F. Moore, Reuben A. Reeves and Thomas J. Devine. George Clark resigned as Secretary of State, and was ap- pointed Attorney-General, A. W. De Berry succeeding him in the former position.
The legislature proceeded to reform the laws in force, still further correcting the wrongs of which the people had com- plained. By far the most important was the act of the twelfth legislature, granting a bonus to the International Railroad Company of $10,000 per mile for six hundred miles across the State, from its northeastern limits, to Laredo on the Rio Grande. This was to be met by the issuance of bonds running thirty years and bearing eight per cent interest. Governor Coke in a subsequent message to the legislature, referring to this act, said :
" On the 5th day of August, 1870, when the legislature, composed for the most part of strangers to the State and people of Texas, chosen at an election when less than one- fourth of the tax-payers were allowed to vote, occupied the
31 (481)
482
HISTORY OF TEXAS.
halls of the capitol. The agents of the International Railroad Company, by the most fraudulent and corrupt means, pro- cured the enactment of the charter, under which they make the claim. The charter grants $10,000 per mile for the con- struction of a road from Jefferson to Laredo on the Rio Grande, and exemption from taxation for five years ( which they have enjoyed). Feeling, doubtless, that whenever the people of Texas came into possession of the government, they would resent this great outrage perpetrated upon them when they were defenseless, and frustrate this fraudulent attempt to fleece them, the effort was made to put the whole matter beyond and out of the reach of the people or of any subsequent legislature. For this purpose, although the con- stitution provides that no money shall be drawn from the treasury except in pursuance of an appropriation, and that no appropriation shall be made for a longer term than two years, in order to avoid having to come before any subsequent legis- lature for an appropriation to pay any interest on the bonds, this charter provides that for thirty years the comptroller shall annually assess a sufficient tax upon all the property and occupations in the State to pay the interest on and sink- ing fund for these subsidy bonds, and have it collected and placed in the treasury, subject to the order of the governor, who shall pay it to the bondholders. The people are not trusted; any subsequent legislature that they might elect is not trusted, to make an appropriation; the charter is so constructed as to be self-sustaining, without the aid, and against the will of the people or legislature ; and if the mandamus case, decided last summer, had resulted in their favor, the plan would have been successful. This is the only law on the statute books of Texas, marked by that peculiarity, since the organization of the government, as it is the only law ever enacted in Texas which imposes taxes on the people to pay for the construction of a railroad. From the day of the enactment of this charter, by the twelfth legis-
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.