New Ulm Enterprise (New Ulm, Tex.), Vol. 6, No. 42, Ed. 1 Friday, July 7, 1916 Page: 7 of 10
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ENTERPRISE, NEW ULM, TEXAS
views, in part,
and unprejudiced
efficient rules of
only to our judi-
Have Your
Done in New 'Ulm
DE.
There
object
41-o
from Uli's an appeal could
to the court of appeals, and
judgment of the lower court
by an undivided court; a
the Rail-
property,
authority
appraise
occupying amd doin;
Crane building,
are
the
of
adver-
I im-
every-
the
has
the
In 1908 there
for Attorney
was one of
General then
TRADERS EXCHANGE
5 lines inserted one month, for 40c.
.Additional lines 6c extra.
For Sale—Good 40-barrel cypress
cistern. For particulars apply to C.
T Koch, New Ulm, Texas.
says that
in his de-
yet been
should be
on that account.
DECLAFGT’ON GF Cl.EBU'^’- LAWYER WHO
UBG&S K'ddEDifiTE HIGH ;0URT
zREFOiiAL
For Sale. —100 cords dry wood. Al-
,so 300 good fence posts. Apply to
Erast -Fischer, Rt. 4, Fayetteville,
Texas.
_ Constipation and Indigestion.
“I have used Chamberlain’s Tablets
and must say they are the best I have
evqr used for constipation and indi-
gestion. My wife also used them for
indigestion and they did her good,”
writes Eugene S. Night, Wilmington,
N. C. Chamberlain’s Tablets are
mild and gentle in their action. Give .
them a trial. You are certain to be
pleas :d with <h‘e agreeable laxative
effect which tliey produce, Obtainable
everywhere. „
Teacher Wanted—For Star Hill
School. For salary and other par-
ticulars apply to C. O, Sternenberg
Trustee, Rt 3, New Ulm, Texas.
For Sale__My two farms, consist-
ing of 90 acres, close to town. One
improved, good well, etc. The other
fenced. Will sell either singly or
both. For terms, ptc., see Wm. Stal-
baum. New Ulm, Texas.
For Sale or Trade—My farm con-
sisting of 98 1-2 acres, about 2 miles
from town. Mostly black land, On
rural route and close to school. Apply
to Fritz Howe, Rt 3, New Ulm, Texas.
CHIEF JUSTICE CLARK
NOUNCES THE RULE OF
LAWYERS. '
Biliousness and Stomach Trouble.
“Two years ago I suffered from fre-
quent attacks Of stomach trouble and
biliousness,” writes Miss Emma Ver-
bryke, Lima, Ohio. “I could eat very
little food that agreed with me and I
became so dizzy and sick at my stom-
ach at times that I had to take hold
of something to keep from falling.
Seeing Chamberlain’s Tablets
tised I decided to try them,
proved rapidly.” Obtainable
where.
from the
Ott Com-
plumbing
they
daily pa-
criticised
are entitled to. The
concerning the people is-
much who shall administer
as how it shall be adminis-
Woods Denounces Building Up
Monopoly of Lawyers.
CLEBURNE, Texas.—That the re-
duction of the number of district
judges will materially improve the
administration of justice is one of the
claims of Judge S. C. Padelford of
this city, who has given his view-3
on the subject to the Texas Econom-
ic League.
Judge Padelford’s
are as follows:
"One of the most
tions of government
and operate such a
as will furnish the
Third Term Violation Of Denw=
cratic Principle.
the
supply business, and today
business in
and ■ the
the law- was defeated.
For Sale.—Mare with colt, $65: also
line 3-year old bay mare, $17a. Rubin
Freis, New'Ulm, Texas.
important func-
is to establish
judicial system
people a pure,
speedy, cheap, uniform and efficient
system of justice. Delay to the poor
is a virtual denial of justice. In or-
der to accomplish this, it is neces-
sary to have:
First, a proper judicial system.
Second, competent, pure and inde-
pendent judges.
Third, an able and upright bar.
Fourth, if it is a trial by jury, an
intelligent, honest
jury.
Fifth, simple and
procedure.
I des*re to' refer
cial system, and especially the appel-
ate departments.
“Oui’ present judicial system was
fully adopt&d in 1891. At present our
appellate system consists of one court
of criminal appeals of three judges,
with final jurisdiction in all criminal
appeals; one supreme court of three
judges, with final jurisdiction in all
civil appeals, and nine intermediate
courts Af appeal of three judges each,
with appellate jurisdiction in civil
matters alceie.
"Having two separate independent
powrts of last resort, one in civil and
the other in criminal matters, they
have heretofore and will continue to
have disagreements on important
questions, thus producing irreconcil-
able conflicts in our law.
"In civil matters where the district
court has original jurisdiction, and a
few other instances, cases tried in tin
lower court can be carried by writ of
error to our supreme court, and fin-
ally settled by a majority opinion of
the supreme court. The trial court
may decide the law in favoi’ of ths
plaintiff,
be taken
there the
affirmed
writ of error could be granted by two
of the supreme court , judges,• one dis-
senting, a«nd a judgment rendered re-
vising* the judgment of the trial
court and the court of appeals. Thus
two supreme judges could overrul^
one supreme judge and the three ap-
pellate judges, and also the district
judge.
“When a civil case over which
supreme court has jurisdiction
been tried in the district court
losing party can appeal to the court
of appeals and have the judgment
and the opinion of this court on this
case on appeal. Should the court of
appeals decide against appellant, he
can apply for a writ of error to 'the
supreme court, and in effect have this
court also to pass upon the Jaw of
his case on appeal. If the supreme
court should refuse the writ of error,
this party has in effect had two ap-
peals, but should the supreme court
grant the' writ of error, then it is
heard again on submission by the
supreme court, thus in effect giving
this party the benefit of three hear-
ings on appeal, one by court of ap-
peals and two supreme court.
For Sale__5 year old Jersey cow
with 4mionths old calf, producing 7
Tbs. of butter per week. Cow and calf
$85.' Cow, calf, and NdT 5 DeLaval '
Separator $115. Apply to Gus R.
Voigt, New, Ulm, Texas.
■ The issue involved in the Attorney
General’s race is net so mucn a
question as to whether Mr. Looney
or myself shall bo elected to office
as it is the kind of government the
people of Tex
question
not so
the law
tered.
The office of Attorney General has
during Mr. Looney’s administration
assumed abnormal power due to his
‘political interpretation and sensation-
al administration of law and unprece-
dented adjudication of cases in which
he has employed legislative, admin-
istrative and judicial powers of gov-
ernment never before exercised by
any public official in any department
of this State or any other com-
monwealth. Npw Mr. Looney asks
that the people, by their vote, make
his acts their acts; that by their en-
dorsement they take over the respon-
sibilities for his official conduct.
Looney Asks for Third Term.
Mr. Looney has served two terms
ms Attorney General already, and he
and his assistants and the employes
of that department are now spending
practically all their time trying to
secure a third.
Two terms in that office has al-
ways been the rule in Texas, with
one solitary exception,
were three candidates
General—Mr. Looney
them. The Attorney
in office was a candidate for a third
term. Mr. Looney withdrew from
the race, and, in a signed article
of February 21, 1908, through the
press over his own signature, with-
drew in favor of another candidate,
and vigorously opposed the then At-
torney General for a third term, and
in his signed article, in criticising
the Attorney General for attempting
to secure a third term, among other
things, said that his candidacy ‘‘was
a violation of the unwritten law of
the party with reference to the third
term.”
If the argument Mr. Looney made
then against a man holding the At-
torney General’s office longer than
two terms was sound, why is it not
good argument now?
But Mr. Looney now
- there are important cases
partment that have not
disposed of, and that he
re-elected
were un-disposed of cases in that de-
partment when Mr. Looney opposed
the third term idea in 1908. There
have been un-disposed of cases upon
the retirement of every Attorney
General Texas has ever had. There
will be un-disposed of cases two
years from now, and four years from
now, no matter who is elected.
If the people of Texas were to en-
dorse such an argument as that,
then an Attorney General could per-
petuate himself in office until he
died. Texas has many able and dis-
tinguished lawyers who are as com-
petent to fill that office as Mr.
Looney, but as long as the encum-
bent could persuade the people that
he should be retained until all cases
were disposed of, then no other man
need apply. ”
1 Now let us briefly examine some
of Mr. Looney’s settlements. Take
the M. K. & T. compromise, or we
had better call it dismissal, for that
is what it amounted to. This case
was one of Mr. Looney’s most spec-
tacular proceedings. The suit was
for $100,000,000. In the dismissal of
this suit, the Attorney General agreed
to saddle a debt of twenty-two mil-
lion dollars upon the Texas property
of the Katy. In effect he re-valued
the property of the M. K. & T. and
found it worth $22,000,000 more than
the Railroad Commission was willing
to allow. Now the Constitution of
Texas makes it the duty of
road Commission to value
and nowhere does it give
to the Attorney General to
the property of the railroads, and
it so happens that the Railroad Com-
mission had previously refused to
give the M. K. & T. credit for this
item and in validating the amount
the Attorney General overrules the
repeated decisions of the Railroad
Commission. The Railroad Commis-
sion has never approved Mr. Loon-
ey’s settlement, although it is a
matter in which their approval should
have been secured, if indeed they
should not have been given complete
jurisdiction - over at least that part
of the suit relating to property
values.
Now Mr. Looney boasts that this
was one of the largest cases of its
kind ever filed in any court, and I
will go farther than that and agree
that the M. K. & T. suit was the
biggest legal farce in the world’s
history, and I challenge Mr. Looney
to get the railroad commission of
Texas to approve his settlement of
this case.
To Honey Producers.—I hereby >
stale that I positively will not lend my
honey extractor to any one hereafter.
So please do not try to borrow it.— /
F. W. Zajieek. y
A fire-proof Safe in your home is not
rnecessarily burglar-proof—and a safe
'that is both fire and burglar-proof is a
ivery expensive and cumbersome thing
■It is also an invitation to thieves that you have valuables
■in your house that are worth trying for. '
Put that which you can’t replace in one of our Safe
Deposit Boxes. Our steel vaults will protect you from
fire and Yale Locks not only keep out burglars but give
you absolute privacy.
E-- tarprise E^chang-e^flst pay,
If yon haveany thing to sell, such
as horses, cattle, hogs, farm
implements, land, etc., or wibh
to buy anything io that line, it
will pay to advertise. It costs
only 40c.
GRAND BALL
. AT LONE STAR
JULY 15
Music by Aschenbeck’s Band
Lunch and Refreshments
Docs your child have a bank ac-
count? What a child learns,'even
in the cradle, lasts to the grave.
Cultivate the saving habit in your
children by starting a small bank
account for each child. Teach
them to-save their pennies. Don’t
you wish your father had started an account for you when you were a child?
Don’t make th.e same-ruist'.ke your father did. but bring your children to
this bank and start them on the road to a successful life today.
First Guaranty State Bank of Industry. Tex.
By Hon. Walter Clark
Chief Justice Supreme Court of North Cej-olina
Whence comes it that the court
has been exercising the supreme pow-
er in our government,, i. e., the last
word in legislation? There is cer-
tainly no express authority for ‘judi-
cial supremacy’ or the ‘judicial veto,’
by which that department assumes
the irreviewable and therefore the
(absolute supremacy over the two de-
partments. There is not a line in the
Constitution of any State or in the
Federal Constitution to authorize it.
If there were, it would only be neces-
sary to point to the words and end
All debate.
The doctrine that the courts can
set aside an act of. the legislature
has never obtained in England,
Which has no written Constitution,
nor in France, Germany, Holland,
Belgium, Denmark, Austria, Norway,
and Sweden, nor in -any other coun-
try that has a written Constitution.
Its assertion in this country has not
therefore even the ‘tyrant’s plea of
necessity.’ The rest of the world
have gotten along very well without
it. The courts have attempted only
once in England to assert a right
to set aside an act of Parliament,
and then Chief Justice Tressilian
was hanged and his associates exiled
to France, and hence subsequent
courts have not relied upon it as a
precedent. .
Of course, there have been expres-
sions at times in the courts of Eng-
land criticising acts of Parliament—
generally with great modesty, bui
sometimes g^ing to the extent oj
saying that they were not valid—but
this never extended beyond an eXi
pression of disapproval, for no court
in England since Tressillan’s day has
refused to obey an act of Parliament
Suppose Congress’ and1 the State
legislatures were restricted to law-
yers, and that they should be ap-
pointed for life. W«nJd the people
tolerate for 24 hours legislation -by
shch a body, even though expressly
authorized by the Constitution? But
we have a super-congress in a body
of nine appointive lawyers, of whom
five can set at defiance the will of
100,000,000 people, \as expressed by
their duly elected representatives
and approved by their elected execu-
tive. The love of us lawyers for prece-
dent, and a feeling of professional
pride that five lawyers on the su-
preme. court can say to the other de-
partments of the government, nay,
to the people themselves, as has. been
asserted, ‘Thus far shait thou go.
and no farther,’ appeal to us. But
this is the defiance of the servant to
the master, the challenge of the
creature of its creator. There id no
‘room in a republican form of govern-
jamt Yor ‘judW hegemony.’ 39-a
I am not unmindful of the fact,
that I am asking for nne of the most
important offices in thez greatest.
State in the greatest nation in the
world, and I recognize, that the cit-
izenship of Texas is entitled to a
Statement of the policies I shall;
pursue in* the event of my election, ,
and to know at what important
points my administration would difJ
fer from that of the present encum»[
bent. This subject was fully cov-'
ered in my opening address, but I
now desire to call attention to the
policy of filing suits in the home;
town of the Attorney General, or
that of his assistants.
Prior to 1909, the law required
anti-trust suits to be filed in the,
county or residence of defendants, or
Jn the seat of government at Austin,'
but in order to overcome possible lo-
cal sentiment and in order to avoid
building up a monopoly Tor la,wyersf-
and looking to the preservation of
justice, ah act was passed permitting
these suits to be filed in any of the
va»rious counties. One of the abuses
of the law is the Attorney General’s
custom of filing suits in his home
county, and the home of his assist-
ants, taking advantage of local-
sentiment, and encouraging the build-
ing up of monopolies for lawyers in
certain localities, the very things the
law contemplates should not be done.
For instance, the Crane Company,
suit.
The Attorney General filed suit in
Travis County against the Ahrens &
Ott Company and the Crane Com-
pany, the two principal plumbing
supply concerns in Texas, alleging
violation of anti-trust laws by way
of conspiring with each other to fix
the price of plumbing supplies. The
A-ttorney General demanded the for-
feiture of their permits to do busi-
ness in Texas and heavy penalties.
The Ahrens & Ott Company compro-
mised for $25,000. The Crane Com-
pany refused to compromise, prefer-
ring to go to trial, whereupon the
Attorney General dismissed the case
In Travis County and re-filed it in
Limestone Coqhty, and taking ad-;
vantage of local sentiment by filing,
this case in Limestone—the home of
one of his assistants—wag nob
enough; at the State’s expense ha,
employed four local attorneys in
Limestone County, and succeeded in
bringing the Crane Company across
with the coveted compromise, charg-
ing thes-m $50,000 for not compromis-
ing down in Travis County. No per-
mits were forfeited in either case.
Anti-trust laws are intended' to pre-
serve competition, and vfliether it
was the law or abuse of the law,
competition was destroyed, for the
Crane Company withdrew
Rate, leaving the Ahrens &
pany to monopolize
The Enterprise, only $1.50
year. Subscribe .today.
When one of oilr Texas
pers took issue with and
the Attorney General regarding this
and a number of othei^ suits, he
ruslied back to Greenville, his home
town, and filed suit against it.
While this suit wag filed against
one paper, the entire press of
the State was on trial, and the
freedom of speech jeopardized. This
was one instance in which ths de-
fendant did not comproimse, and the
case was recently reversed and re-
manded and the verdict set aside
by the higher court, thus ending an-
other leg^l farce that has character-
ized Mr. Looney’s administration, and
brought the high office of Attorjiey
General into serious criticism.
Another great factor which Mr.
Looney has abused in his compro-
mise settlements is the discomfiture^
embarrassment and expense he vis.
its upon the accused parties by fil-
ing suits for a tremendous sum, which
he makes no effort to collect, delay-
ing trial and filing the case in the
home town of himself or assistants.
If I am elected I intend to see to
it that the laws of this State aro
enforced. The office of Attorney
General should be conducted freq
from partisan politics and policies
as much so as the judiciary. Where
parties ' deliberately and • designedly
Violate the laws of this State I shall
proceed against them with the ob-t
ject of having proper punishment in*
flicted. The Attorney General’s oL
flee ^should not be a mere collecting
agency for the State, but should so
enforce tt|e laws as will put an end
to their violation. Suits shall not be
filed for spectacular purposes and I
am not going, to my home county,
nor the county of my assistants and
take advantage of local influence for
the purpose of gaining an undue ad-
vantage. This policy shall end with
my election.
I shall not sue for millions and
Settle for thousands.
I “ JNO. W. WQQDS. '
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Glaeser, Edwin. New Ulm Enterprise (New Ulm, Tex.), Vol. 6, No. 42, Ed. 1 Friday, July 7, 1916, newspaper, July 7, 1916; New Ulm, Texas. (https://texashistory.unt.edu/ark:/67531/metapth1189211/m1/7/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting Nesbitt Memorial Library.