The Rocksprings Record and Edwards County Leader (Rocksprings, Tex.), Vol. 16, No. 44, Ed. 1 Friday, October 5, 1934 Page: 1 of 4
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In overruling the motion of Joe Bur-
kett, for leave to file a petition for
mandamus to compel the court of <tfv-
d appeals to consider a motion for a
, rehearing, the supreme court Tuesday
again wrote into Texas history its ap-
—. jwoval of the democracy of this state,
toy holding its party nominees shall
Is One
Very Few!
ROCKSPRINOS, TEXAS. FRIDAY OCTOBER FIFTH, 1934
Supreme Court Sustains James V.
Allred—Late Review of the Case
Bacon Now Selling
At From 24c to 35c
^ISMKeall attention to an article,else-
tffctc .carrying a Fort IVorth date
line, giving the views of R. E. Thomp-
son, state PWA engineer, who has re-
signed on account of too much slack
in government policies touching mat-
ters directly under his charge in Tex-
M*' _ ___
You will note that he charges “too j the”Supr«me Court held Tuesday
AUSTIN, Tex—Ail action of the
San Antonio Court of Civil Appeals
in the injunction case seeking to pre-
vent certification of James V. Allred
as Democratic nominee for governor,
because of alleged excessive expendi-
tures in the campaign were correct,
no. ^^molcsted ^bv^n’Tnfl'uence 7hat}*,,uch rei! Upe". **?* the ‘‘br.ain. *ruust" I ovwTUling 'the motion of Joe Burkett,
__________\ t_________ at Washington is “too technical, that I San Antonio attorney for leave to file
work on projects in this state that !, petition for mandamua to compel the
should be giving employment to thou-
sands of deserving men has been de-
layed, and probably cancelled, on ac-
count of the inefficiency of the college
students employed in this division in
Washington, who have to finally ap-
prove this sort of work.
Thompson, in his interview, charges
that if these men would “use common
has for many years been an open sore
on the back of the democratic party-
in Texas.
Mr. Allred won fair and square in
the second primary over Mr. Hunter,
his opponent, and those who have a
sore spot about them on account of
the faithful and outstanding conduct
of Mr. Allred, should have, like all
feood boys, taken tfleir spank and gone
on -with a smile, and IF they were
true democrats they would try to help
rather thai#h»nder the democratic nom,
ince in the discharge of his duties.
All who have watched the court
proceedings in this case were well
fiware at the beginning that Mr. All-
red would receive not only the decis-
ions of the higher courtsr but the
plaudits of the people of this state,
who voted him as their candidate for
governor on the democratic ticket.
As we stated in the very beginning,
and our friends know that we always
shoot straight from the shoulder, this
suit was merely an outgrowth of per-
son::! hatred, and was in our opinion,
brought to further harass this out-
standing public official, the principals
(ony of whom has not paid a poll tax)
wefe merely trying by some book or
Crook to get the matter into court
Court of Civil Appeals to consider a
motion for rehearing. The clerk of the
Court of Civil Appeals was directed
to file no motion for rehearing. The
Court of Civil Appeals dissolved the
injunction issued by Judge W. W.
McCrory, 94th District Court of Bex-
ar county, which has restrained W. W.
Heath, secretary of state, from certify-
sense engineering and business rules,” i . AUred- Secretary of State Heath
in'Ua-' and and.- jMt priday certlfied as the Demo-
and keep it there long enough to keep, cj1jj{|ren Bie pajns 0f the biting frosts
Mr. Allred’s name from being certi-
fied by the secretary of state.
instead of “investigations and audi
tors." who “bc-devil contractors about
trivial rules that these contractoVs are
beginning to shy even at bidding on
PWA projects."
He charges further, that it would ap-
pear to him that projects arc being
purposely held up in Washington.
From our observations, it would ap-
pear that men employed in several
departments at Washington, whose
duties it is to pass on public works
and other programs, arc in fact incap-
able of realizing just what these ag-
encies were created for. They have no
conception, apparently, of the vast
number of men in the bread lines; the
vast numbers that arc wbrking an hour
here and an hour there, in order that
their families might not feel deeply
the awful pangs of hunger, and their
While the suit was filed oh the
grounds that Mr. Allred spent more
than the law allowed a candidate for
governor, yet they had no proof to
substantiate their contentions.
^As to that, we wonder just what
would be revealed if a search light
could be turned on the expenditures
of others Who opposed Mr. Allred for
governor of Texas.
Now boys, as you have been glori-
ously ^spanked, either - get in or out
of the' party. Be good sports and pay
little attention to the “wise birds”
who are pouring meanness into your
ears.
Why Destroy That
Which We Need?
It is certainly a crime to permit the
destruction of that which will clothe1
the naked and feed the hungry, and
we have much of this in evidence thru-
out the nation today, with the cold
blasts of winter just around the cor-
ner.
cratic nominee for governor.
HIGH COURT FILES BURKETT
MOTION
soever in this cause in the 04th Dis-
tiict Court, other than to move for a
dismissal or take a non-suit, and that
said persons be and they are hereby
commanded to proceed no further, „ , , .
with the taking of depositions until Product,on’ what wi“ we do for
further orders of this court.” currit meits~*he staff of life, and
. . ,, Ihow will the working man be aisle
Burkett told the court he would ap- *
peal to the Supreme Court from the
decision, and also reiterated his inten-
tion of appealing to (he state's high-
est civil tribunal from the ruling of
last Saturday when the suit was or-,
dered dismissed.
Burkett contended the appeallate
court was without power to issue the
injunction, since no court order, known
as a writ of prohibition, had been writ-
ten directing that proceedings in the
district court case. The Allred motion
said that the court, unanimously, rul-
ed that there should not he any fur-
ther proceedings except a motion to
dismiss in compliance with the appel-
I late court's holding.
NUMBER FORTY-FOUR
Form Highway
55 Association
(Uvalde Leader-News)
With a view to making a concerted
effort to have work started on High-
way No. 55 from Uvalde to Corpus
Christi, city and county officials and
other interested citizens between these
towns in a meeting at Laredo recent-
ly. outlined plans for the start of the
to make enough to feed his family? program.
Even salt pork is now going at 24 An organization was perfected and
cents per pound, and wages remain at officers named to work with county
a low ebb. even if one has a job. and city officials along the proposed
For instance, we had a talk with [route, so that there will be the least
With cured bacon now selling to the
consumer at around from 32 to 35
ceuts per pound, and a greater num-
ber of brood sows killed to “curtail
a small packer recently at Galveston
and he predicts that choice cuts of
beef will be sold to the consumer
within the next few months at around
from 30 to 40 cents a pound; on ac-
possihle delay in obtaining right-of-
way and completing other prelimin-
ary details so that contracts can lie
let
Attending from Uvalde were coun-
count of the destruction of countless I ty Judge M. B. Walcott, W. E. Wat-
numbers of cows and steers.
When the range has been relieved
of its sheet) burdens then weather con-
ditions become favorable and ranch-
men want to restock in order that pro-
duction might overbalance loans and
interest, just where will he turn for
aid? Who will have that which is ncc-
{ Attorneys for Allred told the court
j that “Burkett and his clients have ig- essnry to absorb these loans and inter
, j noreri the decision of the Fourt Court |~st. not saying anything about taxes
AUS11N, lex. The Supreme Court jcj Appeai$ and are preparing for trial I an<l such like. A serious matter, if you
Monday ordered filed a motion by Joe j (n jU(|rc w w McCrory's court.
Burkett, representing three San An- 'p^ey saj(| t|iat "these actions are caus
tonio citizens seeking to prevent cer-1 ^e defendants expense and an
tl,c! noyance. and amount to a defiance of
that are accompanying the inrush of
winter over the greater part of the na-
tion.
It would appear that these fellows,
swarming like bees about Washington,
know little and care less for the act-
ual acute condition that is confronting
us. They merely sit, smoke and crack
jokes and retard all improvement
projects as long as possible, so that
their jobs might he made secure in
“passing the buck.”
Certainly Mr. Thompson lias
thought long on this matter, and his
honest conviction that he could do
nothing for the people of this state, so
long as his efforts were hampered at
Washington, led him to the course lie
has pursued.
We have known Mr. Thompson for
a number of years, and his public life
is an open hook. He is one man that
will not tolerate the spending of pub-
lic money, just because it can he
spent. He is among the few men hold-
ing to the high priciple of getting a
dollar’s worth of work for a dollar, re-
gardless of whether he is handling his
own money, your money or the state
and nation's money. He certainly felt! q )atc (ry
his long experience here entitled] . .
tification of James V. Allred as
democratic nominee for governor, for, lhc authority of the Fourt Court
leave to fill an application for a writ j Burkett rcp|ied tllat his ciients werc
of mandamus to direct the San An-|..„ot knowjngiy trying to annoy plain-
tonio Court of Civil Appeals to review |)ut were trying to ascertain the
its decision in which a district courtL,,, ag ,Q the exact lner;ts of the
rente court to compel the Court of Civ-
il Appeals to consider a motion for re-
hearing in order that he niav bring the
case up to the supreme court for final
action.
injunction was dissolved. Burkett said ■ e „ Hc ans,vered that through de-
he was seeking ail order f{positions he was trying to “elict the
exact truth front witnesses which they
should not be afraid or ashamed to tell,
the telling of which should not great-
ly annoy any honorable man.”
Two From Here
Among the O.T.D.
APPELLATE COURT ENDS
ALLRED SUIT
(San Antonio Express)
The Fourth Court of Civil Appeals
Friday issued a temporary writ of in-
junction to keep three San Antonians
and their lawyer. Joe Burkett, from
prosecuting further in the 94th Dist-
rict Court a suit to keep the name of
James V. Allred, Democratic nominee
for governor, from the general elec-
tion ballots.
Secretary of State W. W. Heath,
in Austin, certified Allred’s name to
the proper officials in all the coun-
ties immediately after hc had been ad-
vised of the appellate court's action.
At the State Capitol belief was ex-
pressed the Supreme Court would not
take adverse action on the Civil Ap-1
peals Court decision. They pointed,
out that two years ago the Supreme I
Mr. and Mrs. B. !). Sherrill, and
daughter, Mrs. J. I. Henry, and G. M.
Carson, left early Thursday morning
for San Antonio, where Messrs. Sher-
rill and Carson represent this section
at the Old Trail Drivers' Convention
in that city which convened Thursday.J'",'
and will continue throughout Satur-
look at it front the right angle.
With loan values holding around
normal, and values of livestock wool
and mohair diniinshiug each day, don't
it look like we are operating from the
wrong end of the kite? Will there he
son. Commissioner Joe W. Davis and
Joe Watson, secretary of the chamber
of commerce. Joe Watson was named
as one of the vice presidents of the
organization.
business men to absorb indebtedness
when indebtedness is absorbing these
industries?
loans
Above is an account of a meeting
of county officials, chambers of com-
merce officials and interested mer-
chants at Uvalde, at which meeting
was formed a Highway No. 55 asso-
ciation.
This association Was formed to pro-
mote the early improvement of High-
way No. 55 from Uvalde to Corpus Ch-
risti.
In the absence of a chamber of com-
any chance for ranchmen, farmers and merce or other civic organization here,
would it not benefit this section of
the county officials and merchants, as
well as ranchmen, would get together
are I in some sort of a community organi-
For instance, if your
mounting each year, and that which' station, and select gentlemen to repre-
you produce is diminishing, just how i sent this section in the promotion of
in the world can one calculate that' Highway No. 55 to the north of the
legitimate holdings will absorb indebt city, and thus join with the Uvalde or-
edttess and pay interest and taxes? ganization in not only promoting a
Certainly there should be some sort portion of this Highway, hut make a
of middle procedure adopted that will drive to have the gap between Rock-
give stable relief. Ranchmen, farmers springs and Sonora paved, so that in
and business men (generally speak- the end this highway will have state
ing) as well as labor, have taken their ' and federal designation from Corpus
losses and arc showing holdings worth through Uvalde, to its intersection
around one-half of that during good with No. 30 in Edwards county,
times, now it is high time that the j We certainly cannot afford to miss
day.
money lenders realize that they, too,
must take losses in order that this
economic condition might be strength-
a procedure that will
allow the borrower to absorb his loans
rather than have the loans absorb the
These gentlemen look forward with *,orro" fr' . .
B Ranchmen have taken their tumble.
much pleasure to these yearly gather-
ings of the fa.-t depleting ranks of the
old trail drivers, whose activities, for-
titude and bravery caused in a great
measure the civilization that has made
this state one of the grandest among
her sister states.
It is indeed a pleasure for the young-
that
W-e must adjust conditions to mat- him to some consideration, and when
ters at hand, and provide that which I he found that this PWA program
is necessary for our subjects—not by {was in fact a mere hobby horse for
dole, hut by working to the end of
business expansion, and provide em-
ployment for the millions now out of
work at wages that will guarantee to
them the means of adequate support
of their families.
If wc would destroy all our live-
stock and plow under all our cotton
and wheat, then what would happfen?
With a small part of this already
happened, we find a condition con-
frOnting>us at this time that is very
sad, if looked into the probable out-
come of the present situation, that will
have a hearing on the'future.
Certainly, there is no chance for
the country to resume its normal busi-
ness stride if loans are far in excess
of values. An absorbtion point must
be Uttaii#d in favor of holdings, rather
than in favor of loans, interest and
taxes.
a few “technical" students to approve,
then it was high time to give hack to
the government a postiion wherein
his ability was merely considered a
rnith, so in the end hc returned to
the government, with his compliments,
the position of state engineer, on
PWA projects, with a statement of
facts, as we are printing elsewhere.
It is indeed refreshing to know that
wc have such men as Mr. Thompson
in Texas. A man who will sacrifice his
own salary during a period of depres-
sion, on the grounds that his labors, on
account of' Washington red tape and
such like, has not accomplished that
which hc considered the PWA pro-
gram stood for in this state.
MUSIC CLUB NOTICE
or
Relief Sent Out
AUSTIN, Tex.—Checks totaling
$1,200,000 werc being written by the
auditing division of the Texas Relief
Commission Tuesday for distribution
■to county relief headquarters over the
state.
Funds were earmarked as follows:
Drought relief, $1,018,000; general re-
lief. $50,000; Texas Relief Commis-
sion beef canning plant payrolls, $192,-
000.
“This represents all the money we
Send tha Record to a friend
Court refused to deprive Mrs. Mir- jer generation to meet with these grand
iam A. Ferguson of her certificate of [old men of the early range, and listen
nomination when Gov. R. S. Sterling, to the many happenings that have
tattacked it in the courts after it was been a part of their lives, the trials
the issues before the and the pleasures that have crowned
I them as God's big men in the early
development of the several sections o■'
the nation
We bow with them in their sorrow
as the ranks of the trail drivers are
fast passing to their reward, and are
being laid away to face the final
round-up in glory, and it is our sincere
hope that the ranks will not close on
the few that remain until they have
finally experienced the pleasures that
must be theirs in pleasant reunion with
one and another at these yearly gath-
erings, so dear to the hearts of these
old gentlemen, whose lives are now
lived on the accomplishments of the
past, and the glory of the good deeds
of those who will follow them,
j -:::-
The Music Club will meet at the
ranch home of Mrs. F. A. Moody,
Tuesday October 9th, with Mrs. F. A.
Moody, Mrs. Ray Moody and Mrs.
W. B. Shanklin as hostesses.
The goat inteests of the nation
should not forget the efforts put forth
by Dutch Wardlaw, when he made a
plea for goats at, the Salt Lake City
conference. Mr. Wardlaw was one of
the men responsible for the goats get-
ting into the buying contract at $1.40
per head. We understand until he en-
tered the picture, $1 per head was the
accepted price. While it would appear
that goats will be slow movers, and
election.
In certifying Allred's name, Heath
issued a statement as follows: "1 have
been advised that the Court of Civil
Appeals at San Antonio has entered
its writ of prohibition and injunction
against any further procedure in the
case wherein I was temporarily re-
strained from certifying the name of
James V. Allred as Democratic nom-
inee for Governor. In view of all the
facts, and because further delay will
be of no avail to either plaintiffs or
the defendant in this case. I have to-
day. since receipt of notice of the de-
cision of such court, certified the
name of James V. Allred as the demo-
cratic nominee for Governor."
The appellate court a week ago or-
dered the suit dismissed, but. since
then the plaintiffs and their attorney
have been active in the trial court,
preparing to push a trial of the case
on its merits. They had asked for de-
positions from Allred and other prin-
cipals and threatened to ask for con-
tempt orders if those cited to answer ] County of Edwards, State of 1 exas,
certain interrogatories did not com-loti Tuesday, the Sixth Day of Novem-
p|yt jber. A. D. 1934, for the election of
Allred's attorneys Thursday asked i Members of Congress, Members of
the appellate court to order the com-1 the Legislature. State, District, Coun-
plaintants to cease their prosecution of1 ty and Precinct Officers, and for the
the case. They claimed that the ap-1 Adoption or Rejection of the several
peltate court's order of dismissal end-1 Proposed Amendments to the Consti-
cd thf .suit. They also pointed to the tution of the State of Texas,
withdrawal of District Attorney Wal-1 In Testimony Whereof, I have sign-
ter Tynan as a representative of the cd my name and caused the Seal of
Business men have in a majority of
instances taken their tumble, and no;v
it is up to the big fellow to release
his grasp to the same extent so that
conditions might adjust themselves al-
ong legitimate lines.
Certainly the dole system we are
following, and the destruction of live
stock and commodities that will clothe
the naked will not get ns anywhere.
(. >r the system is certainly not in har-
this chance of getting a first-class
highway to the north, as well as south
of us, which would give appreciated
travel in ail weather from the north
through Rocksprings to Uvalde and
thence to Corpus.
We trust that the county commis-
sioners will call a meeting of our citi-
zens at an early date, so that we might
not only make an effort to secure the
closing of the gap on this Highway to
the north, hut make this section a part
of the Uvalde Highway No. 55 Asso-
ciation. and all work together on this
much needed highway.
San Angelo, Sonora, Christoval and
other communities are anxious to as-
sist in promoting this extension, and
we should join with others in this
all we can to pro-
mom with the laws of God or nature. | movement and do
To wantonly destroy that which the]mote this project,
world is in dire need of is within it-1
self a crime against civilization that
v,o will be held accountable for. whe-
ther it comes in this generation, or lat-
Election Notice
Know ye. that I, J. L. Johnson,
County Judge of Edwards County,
Texas, do hereby order a General El-
ection to he held throughout said
have on hand,” State Relief Director possibly never get into the buying cam -
Adam R. Johnson said. • paign. yet Mr. NVardlaw’s efforts
slipuld not be minimized by the goat
inteests of Texas and elsewhere.*
state, and contended that a suit of the
nature of this one to he sustained had
to be joined in by the state.
In its order of injunction the ap-
pellate court said the procedure was
necessary “to preserve the jurisdiction
of the court." Not only were the
plaintiffs and their attorney “enjoined
and restrained,” but “any and alt of
their agents, or representatives, from
taking any further proceedings what*
the County of Edwards to be affixed
at my office in the City of Rocksprings,
Texas, this, the 3rd day of October,
A. D. 1934.
(Seal) J. L. JOHNSON, County
Judge, Edwards County. Tex.
In the 16 years since Site World
War the nations of the world have
spent more than $60,000,000,000 for
armies, navies and munitions of war.
Duck Season Opens
Here October 26
AUSTIN.—The Texas game, fish
and oyster commission today fixed a
shooting season of three days a week
from October 2b to December 30 for
ducks and other migratory waterfowl;
Hired Man Is
Looking For Job
The following recently appeared in
the Commercial & Financial Chroni-
cle:
“Editor Financial Chronicle :
Dear Sir: A friend of mine in New
England has a neighbor who has re-
ceived a government check for $1:000
this year for not raising hogs. So my
friend now wants to go into the busi-
ness himself, he not being very proa-
shooting days will be Fridays. Satur- j porous just now: he says, in fact, that
lays and Sundays.
The season conformed with federal
regulations. Authority for the com-
mission to prescribe the season was
granted by an act passed at the re-
cent special session of the legislature.
Bag limits set were: Ducks, 12 of
all kinds.
. Hunting hours will be from
rise to sunset.
to get
It is necessary to buy SI duck stamp
from your postmaster.
Other sections arc going
highway improvements
coming year. Let's get together and
make an effort to secure appropria-
tion* for this county. Remember, noth-
ing will be given you. You must get
busy, and make a concerted drive for
permanent improvements on highways.
Show the advisability of the construc-
tion of certain roads, then join with
others in asking for what you want.
Remember, wc must keep our men at
work, and in highway improvements
will be found the means of keeping the
wolf away from the doofrs of many of
our citizens during the next year
Let’s awake and get busy.
ance of non-hog raising gold
"The friend who got the
dollars got it for not raising 500
I Now I figure we might easily not
during this11,500 or 2.000 hogs, as yog see the
the idea of not raising hogs appeals
to him very strongly.
"Of course, he will need a hired man
and that is where I come in. I write
to you as to your opinion of the best
kind of farm not to raise hogs on, the
lust strain of hogs not to raise, and
how l>cst to keep an inventory of
sun"!hogs you arc not raising. Also, do
| think capital could be raised by
siblc profits are only limited I
number of hogs we do not raise.
“The other fellow had
hogs for forty years and
more than $40p in nnjr one
of pathetic, isn’t h, to think
wasted his life rafainfj
could have made jjift
raising them?
"I will thank yon
> ou may offer.
"Yours
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Hutt, J. W. The Rocksprings Record and Edwards County Leader (Rocksprings, Tex.), Vol. 16, No. 44, Ed. 1 Friday, October 5, 1934, newspaper, October 5, 1934; (https://texashistory.unt.edu/ark:/67531/metapth1092339/m1/1/: accessed July 8, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; .