New encyclopedia of Texas, volume 1, Part 9

Author: Davis, Ellis A.
Publication date: 1926
Publisher: Dallas, Tex. : Texas development bureau, [1926?]
Number of Pages: 1416


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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).


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Mr. Rice, the founder, came to Houston in 1838, conducted a store in a tent, and from that beginning built up his enormous fortune by business and in- vesting in Texas real estate.


Houston has a score or more of newspapers in its life, the Telegraph running, with a few interruptions, from 1837 to 1878 in the city. The two principal pa- pers now the Post-Dispatch and the Chronicle, the Post having been established in 1885, by the late J. L. Watson, who had associated with him, Col. R. M. Johnston. A paper called the Post had been printed from 1880 to 1884, but had suspended before the


present Post was established. The Chronicle was established in 1902 by Marcellus E. Foster. Both papers are now housed in magnificent buildings and are magnificently equipped.


Railroads early sought to enter Houston, The Gal- veston, Harrisburg and San Antonio having been planned as early as 1842. The road was completed from Harrisburg through Houston to Brazos, a dis- tance of 32 miles, by 1852. The G. H. & H. and the H. & T. C. were next to come into the city and the development continued until Houston has seventeen lines of railway and an interurban to Galveston. Houston is now one of the greatest railway centers of the South, with connections with roads to all parts of the continent.


Street car traffic by means of mule drawn cars was inaugurated in Houston in 1870 and in 1890 the lines were electrified. Before taking over the Hous- ton Heights Line in 1892, the system consisted of 28 miles of track, which was increased to 35 miles with the Heights line. In 1901, Stone & Webster secured control and rebuilt the system. There are now more than 60 miles of trackage, hundreds of employees and a pay roll of half a million annually. In 1911 Stone & Webster completed the interurban line from Houston to Galveston at a cost of $2,000,000, and its trains are in operation hourly between the cities.


In addition to being a cotton center, the exploita- tion of Texas forests has pushed Houston to the front as the great lumber center of the Southwest, with an annual business of $75,000,000.


The first bank in Texas was established in Hous- ton, the Commercial and Agricultural Bank of Texas having been chartered by the Congress of Coahuila and Texas to S. M. Williams and associates in 1835. Its authorized capital was $1,000,000 and $100,000 was paid up. No more chartered banks operated in Texas until after 1870, as there was opposition to banks in those days, and the Williams bank finally had its charter annulled in 1859. T. W. House and B. A. Shepherd as early as 1850 had begun private banking in Houston and their institutions were the forerunners of some of the great banks of today. Houston today is one of the the largest banking centers in the state, with eight National banks with a combined capital of $9,000,000, and six State Banks with a number of trust companies, the total deposits on January 1, of this year, reaching approxi- mately $135,000,000, and the clearings for the first eight months of 1918 totalling $574,438,033.00. The Federal Land Bank for the district is here and it has made loans of $132,000,000 since it was established, while the Houston branch of the Federal Reserve Bank of the Eleventh District was opened in 1919.


Replacing the tents and log huts in which business was done in the early days, there are today many magnificent and commodious business houses, some 2,600 retail firms doing an annual business of nearly $100,000,000, while the annual wholesale trade of the city reaches almost $150,000,000.


The era of sky scraper building began in 1907, and continues, with contracts now pending for several new buildings. The Rice hotel of 18 stories, the Second National building of 22 stories, the Union Na- tional Bank building of 13 stories, the Scanlan Build- ing of 11 stories, the Texas Company's building of 13 stories are among the tallest structures built within the last ten years, but there are numerous other buildings ranging from six to ten stories in height.


42


HISTORY OF THE HOUSTON BENCH AND BAR By JUDGE H. M. GARWOOD


H OUSTON may well be proud of the high standard of its bench and bar. Such men as Hen- derson, Manley, Campbell, Thompson, Tomkins, Gray, Palmer, Riley, Tankersley, Baker and a number of others were its founders who established the high ideals of the profession for other gen- erations.


In the beginning Harris County was known as Har- risburg County and court has been held here since 1837. The county court was first constituted as follows: Hon. Andrew Briscow, chief jus- tice; C. C. Dyre, John Denton, M. Battle, Joel Wheatin, Isaac Batterson, Abram Roberts, and John S. McGahey, commissioners. D. W. Clinton Harris, county clerk. Mr. Harris belonged to the family that gave the county its name. The first judicial act in the municipality of Harrisburg as Harris County was first called, was in probate court. The court on petition of Richard Vince by the latter's attorney, Thomas J. Gazley, appointed Vince admin- istrator of the estate of Robert Vince, deceased.


The first licenses to practice law in Harris County were issued to N. Bassett, Swift Austin, Francis W. Thornton, Robert Page, Henry Humphrey, and James Brown, on March 19, 1838. The above passed the examinations conducted by David G. Burnett, John Birdsall and A. M. Tompkins, a committee of examiners appointed by the court. Among the earliest cases tried was a criminal action against David S. Karkernot, who was indicted March 2, 1837, for stealing a mule belonging to the Republic of Texas, said act being "against the peace and dignity of said Republic". Another early document refers to a suit brought in 1839, by the city of


-


Old State Capitol Building Which Occupied the Site at Corner Main Street and Texas Avenue Where the Rice Hotel Now Stands


Houston against Henry R. and Daniel J. Allen for taxes amounting to $1943.00.


In the early days there were many brilliant law- yers, the majority of whom confined themselves to civil practice, but several won fame as criminal attorneys. Among the latter were such men as Manley, Henderson, Barziza, Riley, Cook and others.


In these days ethics were of the highest and the criminal lawyer used no unfair means to win his case but depended entirely upon his knowledge of the law and his eloquence as a pleader before the juries. Col. John H. Manley was one of the really great criminal lawyers of the Houston Bar and his methods were above reproach. He had a profound knowledge of criminal law, and with this he was a powerful orator and pleader. Capt. D. U. Bar- ziza should be classed along with Col. Manley. His father was an Italian nobleman, a protestant, a Baptist, and a republican. He gave up his estate and title and came to America, in order to enjoy religious freedom. He settled in Texas. Capt. D. U.


Harris County Court House


Barziza, his youngest son, was educated at Baylor University and had just finished his courses when the civil war broke out. He volunteered and soon was made a captain. His company later became a part of Hood's Texas Brigade in the Northern Virginia Army. After the war he came to Houston and began the study of law. Another great crim- inal lawyer of this day was Hon. Charles Stewart. He handled many of the famous cases of the early times in Houston. Major Frank Spencer had the difficult task of facing these great criminal law- yers. Major Spencer for years served as criminal district attorney for the Houston-Galveston district and he died in Galveston in 1907.


Governor J. W. Henderson was successful in both branches of the law, although he was more dis- tinguished as a civil lawyer than as a criminal one. He was a man of fine personal appearance and democratic in his bearing. His success before the bar was indeed great and his power before a jury was unusual. He was a secessionist but during the reconstruction days he was of great help to his home people in their struggle for self government. Among the leaders in the civil branch of law were Judge Peter Gray, and W. P. Hamblen. Both were profound students of the law, while neither were particularly outstanding for oratorical power. Judge Hamblen passed away in 1911 while serving as judge of the 55th district court. Other distinguished members of the bar as mentioned above were A. N.


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NEW ENCYCLOPEDIA OF TEXAS


Jordan, A. S. Richardson, Charles Jordan, and Arch- ibald Wynne. Some years later C. B. Sabine was a member of the bar. He became judge of the U. S. Federal Court in Galveston.


After the war the following became prominent members of the bar: Major W. H. Crank, Capt. E. P. Turner, George Goldhwaite, the attorney for the H. & T. C. R. R .; Judge Wilson, Judge James Mas- terson, Judge C. Anson Jones, youngest son of the last president of the Republic of Texas; W. A. Car- rington, J. C. Hutcheson, Judge James Baker, father of Capt. James A. Baker, and Col. W. B. Botts. They were men of great learning and ability and who belonged to the old school of chivalry and


Residence of Judge Edward A. Palmer, One of the Old South- ern Mansions Built in 1856, and Still in Good Condition


ethics. They gave to the bar of Houston its high standards and lofty ethics and have preserved the good name of the bar.


The first amended constitution of Texas created a criminal district court for Harris and Galveston Counties. Gustave Cook was appointed judge and held this position for fourteen years. The following served on this bench, in the order named: C. L. Cleveland, E. D. Cavin, J. K. P. Gillespie, E. R. Campbell and C. W. Robinson, the present in- cumbent.


The Eleventh District Court was created in 1837 and the following have served as its judges: From 1837 to 1842, Benjamin C. Franklin. From 1842 to 1849, Richard Morris. From 1849 to 1854, C. W. Buckley. From 1854 to 1862, Peter W. Gray. From 1862 to 1866, James A. Baker. From 1866 to 1869 there were no elections and the bar selected Geo. R. Scott, C. B. Sabin, and P. W. Gray to act as judges. From 1869 to 1870, Geo. R. Scott. From 1870 to 1892, James R. Masterson. From 1892 to 1896, S. H. Brashear. From 1896 to 1900, John G. Tod. From 1900 to date, Charles E. Ashe.


On August 23, 1897, the 55th District was organ- ized and the following have served as judges: From 1897 to 1902, Wm. H. Wilson. From 1902 to 1911, W. P. Hamblen. From 1911 to 1918, Wm. Master- son. From 1918 to date, Ewing Boyd.


In February, 1903, the 61st District Court was organized and the following have presided: From 1903 to 1913, Norman G. Kittrell. From 1913 to 1915, John Archer Reed. From 1915 to 1919, Henry J. Dannenbaum. From 1919 to date, W. E. Mon- teith.


On September 1, 1915, the 80th District Court was organized and J. D. Harvey was appointed judge. He served as judge of this court until Jan- uary 1, 1925. Roy F. Campbell was elected to this


office and has served as judge of the court from January 1st, 1925, to date.


On February, 1867, the legislature passed an act creating Harris County. The following served as judges: From 1867 to 1869, John Brashear. From 1869 to 1876, M. N. Brewster. From 1876 to 1882, C. Anson Jones. From 1882 to 1884, E. P. Hamb- len. From 1884 to 1892, W. C. Andrews. From 1892 to 1896, John G. Tod. From 1896 to 1898, W. N. Shaw. From 1898 to 1902, E. H. Vasmer. From 1902 to 1906, Blake Dupree. From 1906 to 1912, A. E. Amerman. From 1912 to 1916, W. H. Ward. From 1916 to date, Chester H. Bryan.


In 1911 the County Courts at Law was created and the following have presided as judges: From 1911 to 1916, Clark C. Wrenn. From 1916 to 1919, Walter E. Monteith. From 1919 to 1920, Geo. D. Sears. From 1920 to 1922, John W. Lewis. From April, 1922, to 1925, Murray B. Jones. From 1925 to date, Ben F. Wilson.


In 1915 the County Court at Law No. 2 was cre- ated and the following judges have served: From 1915 to 1917, Murray B. Jones. From 1917 to 1925, Roy F. Campbell. From 1925 to date, W. Ray Scruggs.


The Corporation Court was created by act of legislature in 1899 and the following judges have presided in this court: A. R. Railey, Judge Mar- mion, John H. Kirlicks, Elbert Roberts, O'Brien Stevens, T. W. Ford, J. H. Reeves, A. C. Winborn and Lucien Andler, the present incumbent.


The following extracts were taken from an address delivered by the late Judge W. P. Hamblen at a banquet of the Houston Bar Association, on Jan- uary 20th, 1910. At that time Judge Hamblen was the oldest member of the bar and considered the best source of its history. He said: "I came to the bar when Judge Peter W. Gray was judge of the court. He was the distinguished uncle of Judge W. G. Sears, whose nephew is now a member of this bar, and he admitted me to the rights of our


Residence of the Late Captain J. C. Hutcheson at 1417 Mckinney Avenue, Built in 1884


profession. He was one of the chiefs among the intelligencers of that day. He was accomplished, educated in all the refinements as well as in all the substantials of the profession; so discriminating, so penetrating, that no proposition of law was pre- sented to him that he did not seize; so absolutely honest that his reputation could stand among a million without a scar. In those days an admission to the bar was not as it is today, the formal appear- ance before a committee almost as a school boy at a spelling match, but it was a procession of


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NEW ENCYCLOPEDIA OF TEXAS


young men to the bar of the court, summoned by a committee appointed by the judge who participated in the examination. When the examination was through the judge descended from the bench and taking the hand of each applicant spoke words of encouragement. I can briefly mention men who were honorable members of our bar at the time I was admitted in 1855. There was E. A. Palmer, who was afterwards judge of the District Court of Harris County, and A. N. Jordan, both from Virginia, ranking high in their profession. The former died in 1864, and in 1866 the eyes of the latter I closed in death. Governor J. W. Henderson, from Tennessee, once lieutenant governor of our state and for six years its governor. He was the author of the verse:


"Here is our old friend, John Doe; We have laid him down to sleep,


Together with his companion, Richard Roe In one common, lonely heap,


With none so bold as dare a vigil keep."


"He passed away in 1886. Judge Algernon P. Thompson, an English- man, a most scholarly gentleman, who once declared that the author of the phrase 'to-wit' should be burned alive. Benjamin F. Tank- ersley, from Mississippi, I believe, father of our distinguished towns- man, Marshal Tankersley, a most highly esteemed and worthy lawyer who died during the Civil War. C. B. Sabin, long a practitioner in this city, who died in 1890, while occupying the bench of the United States District Court. Judge George Goldthwaite, so widely known for his erudition and legal acumen that he was considered competent to write a book on con- tinuations without a ground. He died about 1886. Col. J. T. Brady, from Maryland, once prominent and foremost in all that upbuilds a state, once a senator from this district in our state legislature, died about 1891. Hon. James H. ILMETER USTEN. Masterson, for more than twenty years distinguished on the bench of the district court; Judge E. P. Hamblen, my worthy relative, who once graced the county court bench, the two latter being now dwellers with us. Judge A. R. Masterson, who has the proud distinction of having surrendered with Lee at Appomattox. We will not forget that old commoner, Charles Stewart, so long your represent- ative in congress, a powerful democratic expounder and able advocate. He located in Marlin and re- turned here after the war. His 'praises have been sung by loftier harps than mine'.


"Those who have gone before stood in the front of the battle for judicial propriety and integrity, and for a construction of laws that preserved the constitutional liberties without flaw or blemish. R. K. Cage, father of our worthy citizen, Rufus Cage, and grandfather of Elliott Cage, died a few years ago. That soul of wit, John Manley, a son of North Carolina, died in 1874."


In November, 1870, the Houston Bar Association was organized with Judge Peter W. Gray as pres- ident, George Goldthwaite, vice president; J. T. Whitfield, recording secretary; H. P. Turner, cor- responding secretary, and W. C. Watson, treasurer. The objects of the association were the elevation of the profession and to arrange for the acquisition of a law library. The organization at this time was not strong in numbers, but it was composed of some of the great lawyers of the day. Today the Houston Bar Association will compare favorably, numerically, mentally, or in any other way with other like organizations in the country.


Judge R. S. Lovett, a former member of this bar and of the firm of Baker, Botts, Parker and Gar- wood, was for years at the head of the Southern Pacific and Union Pacific Railroads. Gov. Stephen S. Hogg moved to Houston after his two terms of office had expired and practiced law here until his death. It would require a long list to set out the names of the Houston Bar who have achieved not-


Gulf Building, Foster Building, Mason Building, Kress Building on Main Street Between Rusk and Capitol Avenues


able success. The list would be very little short of the Houston Bar Association's Roll.


The Houston bar today includes a great many men who stand as high in the profession as many of the foregoing persons who have left an enduring place in the chronicles of men of attainment. It is not a pur- pose of this history's review to enumerate the names of those still living who will have attained a note- worthy place in the records that may be tabulated in the future. Their histories are now in the process of making and many of those still young in the profession will eventually be beacon lights that will shine on the pages of future history. Be this as it may, it can be truthfully stated that the standards of the profession today equal those of the past, and the present generation will contribute its quota of noteworthy men who will be given merited credit by historians of the future.


45


THE OIL INDUSTRY OF SOUTH TEXAS


By W. S. FARISH President of American Petroleum Institute


I NSTEAD of considering the query "Why is Hous- ton the Center of the Oil Industry of Texas." I believe it more correct and more just to enlarge the scope of its activities to include certain adjoining states and give Houston the title of "The Oil Center of the SOUTH- WEST." Houston's geograph- ic position, transportation facilities and other assets vital to the operation of the various branches of the oil industry, which I intend to set forth later, justify this classification, in my judg- ment.


Several cities of the Southwest claim distinction as oil centers of the first magnitude, and it is not my intention to detract from their prominence in the least, but I do think, and believe statistics will show, that Houston is the CHIEF oil center of the Southwest. Their claim to importance is based upon the fact that they, through their natural ad- vantages, become the chief center of operations for some particular field or district, but Houston, en- tirely surrounded by production, "where 17 rail- roads meet the sea" offering outlet by rail to all parts of the continent and by water to the very outposts of civilization, its inland harbor easily accessible to the largest steamers, and offering a refuge from storms, its large number of industries upon which the oil operator is dependent for the successful carrying on of operations, is the logical hub of the Southwest, even drawing its quota of business from the aforementioned district centers.


Houston's importance as a producting center may


Humble Oil Refinery, Bay Town


be realized from the fact that of the world's pro- duction for the year 1922, which was roughly 840,000,000 barrels; 525,000,000 barrels, or 621/2 per cent was produced within a radius of 600 miles of this city.


In addition to its importance so far as present production is concerned, geologists are agreed that


Houston is in the center of the known oil reserve, or future production. It has been estimated that in the partially developed and undiscovered salt domes within a radius of one hundred and fifty miles of Houston there is in reserve 2,250,000,000 barrels, or over one-fourth of the known oil re- serve of the entire United States.


The almost unlimited possibilities of this area have attracted a number of producing companies and there are today thirty-eight (38) companies with general headquarters in Houston. These thir- ty-eight companies produce one-eighth of the world's production and employ in the State of


Humble Building Home of the Humble Oil Company and the San Jacinto Trust Company, Corner of Main and Polk Avenue


Texas alone twenty-six thousand (26,000) persons, constituting an annual payroll of approximately $46,000,000.00.


Houston for the past twenty years has been recognized as a center for the production of oil, but it is only beginning to come into its own as a refining factor. Unfortunately, Houston's ship channel has only recently reached the stage that offers the best shipping service. Had this source of transportation been available in the beginning there isn't the slightest doubt but what large re- fineries located elsewhere would have been Hous- ton's own, but of the two prime factors in the re- fining and distribution end of the game, raw ma- terials and outlet for the products, Houston was lacking in one. Such is not the case now, however, for the cycle has been completed and in the near future I venture the prediction that Houston will refine as great a percentage of crude as any local- ity in the Southwest.


The same situation obtained so far as pipe lines are concerned. However, the tide has changed, and when this deep water outlet, coupled with the fact that Houston is fifty to seventy miles nearer production than other seaports is fully realized Houston will become the terminus of all major pipe lines.


There is no doubt but what Houston has all of the advantages the oil industry could desire and it is destined to become even greater than at present as a production, refining and distributing center.


46


HOUSTON THE COTTON MARKET By K. E. WOMACK Ex-President Houston Cotton Exchange


T HE statement given below shows the gross and net receipts of cotton at Houston for the past six years. The constant increase in "net" receipts in- dicates the ever increasing importance of Houston as the largest cotton market in the United States as well as the great importance of Houston as a cotton concen- trating center. By a steady increase in handling facilities in the way of compresses, warehouses and wharves, we have storage capacity for about 1,000,000 bales of cot- ton at one time and these facilities are being added to continuously. Ten com- presses are located here, actively engaged in com- pressing cotton, which is loaded on steamships berthed at wharves in the Houston Ship Channel at the Turning Basin, and exported direct to all ports of the world. As an example, during the season 1919-20 there were 69,839 bales exported direct from Houston to Liverpool. These exports have increased in volume and destinations from year to year and now amount to 1,821,828 bales for the 1924-1925 season, while the cotton is being exported direct to all Continental Europe, Great Britain, and the Orient. With a nominal cotton crop in Texas our exports should aggregate two million bales with an increasing tendency. There are more than seventy firms located here ~ actively engaged in the buying and selling of cotton. The many ship channel improvements will give us much needed additional wharfage facilities at the Turning Basin and enable this port and market properly to care for new business which is constantly being offered.


The great development of Houston the cotton center is not the result of accident, nor of artificial


Houston Compress Company Docks, Long Reach


building, but it is due to the railroad facilities, combined with the harbor and ships. Although Fon ton handles many other commodities other than cotton, it is cotton, however, that has really built


the port. It is a fact that Houston is the largest Spot Cotton Market in the world, there being more cotton in warehouses here than any other Spot Cotton Market. The opening of the Cotton Future Market in Chicago a year ago has materially helped Houston. No actual cotton is handled in Chicago, but deliveries are made in Houston and Galveston port areas. A Cotton Classification Bureau has recently been established here by the Department of Agriculture. This makes it possible for traders


Cotton Exchange Building, Corner Prairie Avenue and Caroline Street


in cotton to deliver or receive cotton on contract locally without the requirement of shipping the same cotton either to the New Orleans or New York markets. The sixteen-story Houston Cotton Ex- change Building recently completed is the finest exchange building in the South, and has contributed to the development of Houston as a great cotton market.




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