San Antonio Daily Light (San Antonio, Tex.), Vol. 17, No. 246, Ed. 1 Thursday, October 6, 1898 Page: 6 of 8
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THURSDAY OCTOBER 6 1898.
WALL PAPER I
GLASS
PICTURE
MOULDING n
PAINTS.
In Get Figures From Us. <9
a Ziegler & Ziegler §
320 E. HOUSTON ST. Jj
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: WHO? DO YOU WANT
MjvNn y ’ n *
: WOOD AND COAL?
• We jive y” • xw’.l >eß«< nt<! O?k Wood. »
J 1 he best C<> d. Hi’! me. me nnd weight. »
• Pre in pt de’.iven*. C. u you wk lor more? ?
3 77/ A J fIVENT A SON. ;
< S Elores Ft . near Aransas Pass Depot. »
HOGG'S REPLY
HE TELLS ABOUT THE CLAIM HE
COLLECTED.
He is Not a Cheap Man When He Uses
His Legal Brain.
Austin. Tex. Oct. 4.—Ex-Gov. Hogg
today gave out a reply to the charges
made by Barney Gibbs relative to the
fee Gov. Hogg is to receive for collect-
ing from the Federal government a
claim due to the state of Texas.
The charges to which the subjoined
statement is an answer are in brief.
First that the claim could have been
collected by the governor at the ex-
pense simply of a postage stamp.
Second that the amount was too
great to pay.
Third that Gov. Hogg discovered the
facts while governor and kept them
secret until he retired to private life
so that he might make a fee out of
them.
Fourth that Gov. Culberson wanted
to get ex-Gov. Hogg out of his way as
a candidate for United States Senator
and gave him this employment for
that purpose.
Gov. Hogg’s reply follows:
These are grave charges if either of
them is true then Gov. Culberson and
myself should not only receive the
condemnation of the people but should
also be plunged into obscurity under
the ban of public contempt forever. I
therefore take pleasure in denouncing
each of them as a falsehood made
without the semblance of truth or the
slightest excuse for either of them.
They are the inflammable effluences
emitted by the friction of Populistic
hope with Populistic disappointment
in their biennial struggle for office.
Specifically denying them in the or-
der named I say: First that if the
claim could have been collected at the
expense of only a postage stamp it is
strange that Gov. Throckmorton or
Hamilton or Pease or Davis or Coke
or Hubbard or Roberts or Ireland or
Ross or some comptroller under one
of them did not see fit to write a let-
ter apply a postage stamp and make
the demand for it.
“Second. During my terms as at-
torney general and governor I was
more or less familiar with the treaty
of 1836 and the laws of 1850 1855 1856
1859. and 1873 on that subject but at
no time was I apprised of the fact nor
did I then know that the United
States were indebted to or would pay
the state any sum whatsoever on that
account.
“Third. As to the amount that the
governor agreed to pay my firm being
excessive any man with business
sense or experience in litigation can
settle that in his own mind. The
claim was over thirty-five years old
and I have never yet heard of a lawyer
taking a claim half that old at less
than 10 per cent of what he could col-
lect. If any Populist or wind jam-
mer ever knew of an instance where
one did I should for the novelty of it
be glad to hear him tell when where
and with whom this happened.
"Fourth. I have never believed
Gov. Culberson to be corrupt in any
way. In fact I know him to be an
honest man. For many years he
and every other well posted man in
the state have known that I had of-
ten publicly stated that I would not
be a candidate for the United States
Senatorship and that 1 could not. and
would not accept the position if the
legislature should desire to honor me
with it. So I was in no man’s way
for that office.
“It may be interesting to the people
to learn how this claim originated and
also something of its history. I shall
tell them: In the treaty between the
Mexican prisoner-president Santa
Ana. and David G. Burnett president
of the Republic of Texas in 1836 the
boundary between Texas and Mexico
was recognised to be the Rio Grande.
Later on it was developed that ac-
cording to this boundary part if not
all of what is now New Mexico be-
longed to Texas. It Is generally un-
derstood that the Santa Fe expedition
grew out of this contention by Presi-
dent Lamar. After that failure but
little or nothing was done about the
controversy until 1850. when Gov.
Bell claimed jurisdiction over that
territory and protested against the
United States interfering with It. This
revived the controversy and brought
it to a settlement out of which this
claim arose in this way: When Tex-
as was annexed to the Union in 1845
she was indebted over $10000000. The
clamor of her creditors and the wis-
dom of our fathers caused the state
to reserve her public domain for the
payment of her public debt and for
other purposes. This for a time
quieted the demands of the creditors
but as they did not get satisfaction
from the public domain they made
complaints to Congress and demand-
ed that the United States should pay
these old debts of the Republic of
Texas upon the ground that in annex-
ing the state the Federal government
under International law had assumed
its liabilities. Of course the represen-
tatives and senators from the state as
well as the governor were handicap-
ped by the Importunities of these cre-
ditors who in turn were tired dis-
gusted and sick at the failure of both
governments to pay these just de-
mands. At this point it Is well to
remark that by treaty as the result of
the war with Mexico and United
States were ceded all that territory
now known as New Mexico and part
of what is now Colorado and all of
that now embraced in the states of
Nevada and California. It was under
this treaty that the Federal authori-
ties were acting when Gov. Bell denied
their right to exercise any jurisdiction
whatever over the territory of 'New
Mexico for the alleged reason that it
belonged to Texas under the prior
treaty of 1836. To get rid of this em-
barrassment the Congress in 1850
passed a law agreeing to pay the state
of Texas $10000000 for all its right
title and claim to that territory. The
legislature of the state promptly ac-
cepted this proposition. The creditors
then immediately flooded Congress
with protests against the payment of
any part of this sum to the state un-
til she had paid them their debts. The
United States however in the mean-
time. delivered to the state $5000000
but retained the other half of the sum
so promised until 1855. The state then
pressed other claims against the Fed-
eral government including those for
Indian depredations. This renewed
the controversy and added to it
further complications. The Congress
therefore to get rid of all claims and
demands of every nature which the
state up to that year 1855 held
against the United States proposed
to pay Texas $2750000 more and in
the act provided that all the state’s
creditors who should prove their
claims and present them within a
given time should be paid the $7750-
000 being retained in the United States
treasury for this purpose. The legis-
lature of the State accepted the terms
of this act also. By two or three
other acts of Congress the time with-
in which the creditors should present
their claims or become barred was
extended to 1861. The war then came
on. Reconstruction days followed.
Thus the settlement between the state
and the Federal government was lost
sight of until 1873 when the legisla-
ture. during the E. J. Davis adminis-
tration. passed a bill demanding the
latam. to sta ta of the nnMrnornlnd.l.
own unless their ammunition is ea
hausted. In that event there can b
but one result.”
L Minneapolis Minn. Oct. 6.—A spec
. to the Journal from Walker Min
• says: “I have just met an Indian w
I came over from Bear Island in
• canoe at 3 a. m. —He says the loss
: the whites was ten killed flfte
: wounded. He denies the troops ha
been wiped out but says the India
i had the best of it. Their loss.
claims does not exceed five killed a
wounded. The force with Bacon
probably safe and more encourai
ment is felt about it."
M: 'JUuit Oet. 6. — A spec
acy expressed the opinion in the Uni-
ted States Senate in public debate
that to none of this fund did the state
have the shadow of a claim. Sena-
tor Rusk who was always regarded by
his compatriots as one of the ablest
lawyers in the state in response to
Mr. Benjamin publicly announced that
he agreed with him. Here was one
of the impediments that thwarted the
state in her subsequent efforts to
secure this money. Many other dif-
ficulties stood in her way as facts re-
cently brought to light demonsrate.
That life-long patriot learned statist
and honored office-holder Hon. Steph-
en H. Darden in criticising this tran-
saction and calling it a Joke also gives
his opinion on it. He was in the le-
gislature in 1856 and supported the
bill accepting the proposition of the
Congress to settle this old claim. He
was. thereafter for nearly a lifetime
working for the state on a salary part
of the time as comptroller. With all
his consummate ability astute saga-
city unflagging industry and unques-
tioned patriotism charged as he was
by his oath to look after the state's
finances he did not collect this money.
He did not believe that the state had
a right to it. In his public letter of
September 24 on the subject he shows
the current prevalent opinion as to
who owned it. Speaking of what was
thought of it in 1856 when the bill was
passed he said in that letter:
"I was a member of the House fav-
ored the bill and voted for it. It was
the construction generally placed up-
on the act by those voting for and
against it that neither the Federal
government nor the state of Texas
could ever be entitled to any part of
the fund thus set apart to the credi-
tors of the Republic of Texas.”
He further exclaims that “neither
the Federal government nor the state
of Texas had any valid claim to it.”
The opinion of this venerable honor-
able clear-headed life long public
servant always had weight with his
official associates. He was elected
comptroller in 1873. and held that of-
fice by successive elections until 1880.
Thereafter at different periods until
1895 he occupied one responsible posi-
tion and another in that office. What
he believed he adhered to. Probably
this opinion of his had much to do with
the many decades of sleep which this
moss-covered old claim has taken in
time’s waste basket.
"While engaged in other professional
duties and researches last year I came
to the conclusion that these gentlemen
were all wrong in their opinion and
that the state by proper efforts could
recover this money I therefore thor-
oughly investigated and briefed the
case. In all my professional career
I have never discovered a more inter-
esting question nor one that seemed
clearer to my own mind to have been
wrongly construed by as bright law-
yers as this or any other country has
produced. I submitted my conclus-
ions to my partner who I am proud to
say is a fine lawyer. He agreed with
me. I then laid the matter fully be-
fore Gov. Culberson expressing to
him my surprise and the opinion that
there was not the least doubt that the
state could collect this money. He
discussed it with me and took the mat-
ter under advisement. After the lapse
i of a week or so I called again to see
8 him about it. He then told me that
■ he had looked thoroughly into it and
r that in his opinion the state could not
t recover it. This was in the anteroom
• of the executive office. At my request
. he sent for the attorney general and
I I laid the matter fully before both of
• them. Not only this but I offered
i them the data and the services I had
up to that time performed free of
charge and told them that the claim
should be collected. Neither of these
gentlemen seemed to have any confi-
dence in the ability of the state to
make the collection. The governor
was unalterable In his opinion and I
Inferred from the conduct of the at-
torney general that he agreed with
the governor. This officer was very
busy with heavy litigation on other
lines and it is but just to say that -the
governor himself was then much en-
grossed with other public affairs. Af-
ter the governor repeatedly and finally
told me that there was nothing in it
and that it could not be collected I
then proposed to undertake the collec-
tion at my own expense for 10 per
cent of what I could recover. He
readily agreed to it and said that It
w'as a good trpde so far as the state
was concerned. I thought so then. I
know it now. I told him to prepare
the contract and send it to me. He
did so within a few weeks thereafter.
"I then prepared an anaylsis of the
laws on the subject and studied the
case more carefully. In the following
December I went to Washington pre-
pared to press the demand before the
court or the appropriation committee
as should appear proper and best un-
der the circumstances. On going up
to the capitol I met and told Major
Sayers who was the Texas represen-
tative on the appropriation commit-
tee and therefore the proper person
for me to speak to concerning it that
I had a claim against the United
States government in favor of Texas.
He asked me what it was. I explain-
ed it to him. He expressed the con-
viction that there was nothing In It.
The matter seemed to be treated light-
ly by everybody. On my request
Major Sayers went to the Supreme
court library with me and patiently
examined the authorities and heard me
in the light of my brief which I had
spread out before him. I must say
in justice to him that I never knew
a man to mainfest greater interest in
an old question nor to grasp more
readily or with a clearer understand-
ing any proposition than he did the
one involved in this claim. After I
had presented ‘my side of the case’ he
looked up with astonishment and
laughed while exclaiming that there
was not the slightest doubt of the cor-
rectness of my position and that he
-believed after the appropriation com-
Jmlttee should ecome acquainted with
"the law and the facts they would al-
ow the claim without further trouble.
afterward discussed the matter with
llHenator Chilton and asked him to
H-ook after it should it reach the Sen-
ht te. In last May I returned to Wash-
augton to look after it and learned
Ofcom Major Sayers that he had con-
vinced the appropriation committee
Veiat the claim was just and correct
nsnd that it should be allowed. I never
hepoke to any other persons than these
ndwo in Washington about the claim in
Isny manner whatever. These are 'the
f e ’acts in relation to this matter on
' vhich the Populists hope to go into of-
.ice this year. Every dollar of the
Inoney is in the state treasury and we
shall get our part of it unless the
ONUILABLE EDITION
Lottery Santo
Domingo Draw-
ing Tuesday
October
11TH
Secure Your Tickets From
Hewitt’s Cigar Store
Tom B. Johnson
Rischa’s Cigar Store.
City of
Mexico
Drawing
Thursday
October 27th
Tickets at
T. B JOHNSON
M. J. Hewitt
Rishe's Cigar
Store
Cor. Alamo SU. GEO. DULLNIG BL’K San Antonio Tex
It is universally indorsed by Business men Bankers Merchants and Gradu-
ates because Its methods are the latest and most business like because Its
teachers are superior Instructors—men of Influence reputation and prestige.
Equipments rich luxuriant and perfect—two banks wholesale jobbing and
railroad offices—all in active operation. Graduates secure the best positions at
the highest salaries because they know how to do the work. A penman of rare
teaching ability skill and execution few equals no superiors. September an
excellent time to enter. NIGHT SCHOOL opens Monday evening Cct. 3d.
Call or Address SHAFER & DOWNEY Proprietors Box 1129.
Do You Know a Good Thing When You See It?
The Cuontry Along the Line of the
San Antonio & Aransas Pass Railway
Offers splendid inducements to the Farmers Truck Gardener Fruit and Stock
Raiser. Productive land and healthful climate is what we offer. Lands
can be purchased at very reasonable price*. .. Its
Go South and Enjoy Life.
Information cheerfully furnished. Come and see for yourself or address
E. J. MARTIN G. P. A. GEO. F. LUPTON Asst. G. P. A.
EI«irTWE
NORTH BIDE MILITARY PLAZA.
Gin Farming and Mill Machinery of All Kinds.
Mechanics supplies Cassidy Sulky Flow (warranted Highest draft made
Thrashers. Engines Scales Mowers and Reapers Hardware and Agricul
lural Impliments. Agents for the celebrated
WAUKEGAN BARBED WIRE. CORRUGATED AND ROOFING IRON.
! For San Antonio Day
AT THE
Southwest Texas Fair and Exposition.
SECUIN TEXAS.
A Special Excursion Train
Will be run leaving Sunset Depot San Antonio 9:00 a. m.
Returning Special Train will leave Seguin 9:00 m.
Thursday Oct. 6th. 50c for the Round Trip.
Tickets on sale daily Oct. 3 to 8 inclusive for Regular Ttains at One Fare for
the Round Trip good to return until Oct. 10th 1898 inclusive.
“SUNSET" TICKET OFFICE Grand Opera House Building.
Telephone No. 58.
C W. Bein L. J. Parks J. McMillan
Traffic Mgr. A. O. P. & T. A. P. & T. A.
BREWING®
Brewers of Absolutely pure beers on ly. No Corn Preparations or other
substances used in the manufacture.
DRINK OUR FAMOUS
Cabinet Erlanger Standard
elephone 13 Metallic Circuit.
state’s contract is repudiated and dis-
honesty prevails.
"I am proud of the illustrious record
of the Democratic party of the state
when the combined opposition after
raking the earth and combing the
skies and shattering the winds have
found no other peg than this fee on
which to hang their hopes. Out of
the hundreds of laws passed by Demo-
cratic legislatures 'they do not propose
to repeal one. Aside from this dis-
cussion and their pet chimerical
scheme —the 'initiative and referen-
dum'—which they themselves cannot
explain they have found little to .talk
about since they were smutted under
on the prize fight fee question in 1896.
“You can say further that lam
practicing law for a living—not for fun
—and when the state or any other cor-
poration or person wants my profes-
sional services and I accept employ-
ment lam most likely to get good
pay for it. At all times I welcome
the closest investigation into my pub-
lic professional and business conduct
and dealings by those who seek the
truth and will tell it. In view of the
many honors and trusts that the peo-
ple have confided to me they shall so
far as lam concerned exercise the
unquestioned privilege of knowing all
about my affairs and I stand ready at
any and all times to render to them
an account of my business whenever
they may call for it. When the legis-
lature meets I shall be glad if they
will appoint a committee to investigate
all my fees contracts trades specula-
tions and business affairs to 'the end
that my critics may find the truth to
talk about. One overshadowing fact
is that I have always done better fin-
ancially out of office 'than in it.
“Now let the discussion of this fee
question proceed to the mouth’s con-
tent of loafers and word-squirters ev-
erywhere.”
THE TEXAS WONDER.
One small bottle of Hall's Great Dis-
covery cures all kidney and bladder
troubles removes gravel cures dia-
betes seminal emissions weak and lame
back rheumatisr.. and all irregularities
of the kidneys and bladder In both men
and women. Regulates bladder trou-
ble in children. If not sold by your
druggist will be sent by malt on re-
ceipt of $l. One small bottle is two
months’ treatments and will cure any
»se above mentioned.
DR. E. W. HALL.
Sole Manufacturer P. O. Box 218
Waco Texas.
For sale by all druggists in Texas.
Bardwell Ellis Co. Texas Dec. 10th
1896.—This is to certify that I am 66
years old and have suffered 30 years
with kidney and bladder troubles. I
have received more benefit from one-
half bottle of Hall's Great Discovery .
of Waco than all the medicine I used in
the 30 years and I can fully recommend
It. B. F. LOVELESS.
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San Antonio Daily Light (San Antonio, Tex.), Vol. 17, No. 246, Ed. 1 Thursday, October 6, 1898, newspaper, October 6, 1898; San Antonio, Texas. (https://texashistory.unt.edu/ark:/67531/metapth1683462/m1/6/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; .