San Antonio Express. (San Antonio, Tex.), Vol. 47, No. 261, Ed. 1 Tuesday, September 17, 1912 Page: 3 of 16
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iSAIN ANTONIO tXHKhSS: lUfcbUAY JVIOKNINU, SbHIhMBhK 17, 191-.
3
NEWS FROM AUSTIN
The Eiprcs« Ao»t!n Rureau-Offlce 1U Eont Slith Street. Drliklll note) Building
Clil telephone No. 1888. 11. M. Harrl*. Stuff Correspondent.
IsTPftf THE SHERIFF TEXAS UINSI HIED
Comptroller Has No Discretion, But
Must Remit in Full, He
Is Advised.
Inquiry Made About Corporation Reg-
ulations—Road Conditions Sub-
ject of Another Inquiry.
the Express Austin Bureau.
AUSTIN, Tex., Sept. 16.—"Although' the
claim (a sheriff's account) might show
oil its face that It is one not authorized
by law or contains Items showing
charges" clearly in excess of those "fixed
by statute, you liavo no discretion, but
niufft pay it' in full," Is a statement ot
signifti ant Importance contained in a
brief opinion to the Comptroller to<ui> b\
Assistant Attorney General ( ■ h. Aieii(T
Tliis is another chapter in the celebrated
"Sheriff Km nell" ease," wherein the Su-
preme Court last spring granted manda-
mus compelling the Comptroller to issue
warrant on the Bowie < ounty sheriffs
account, which W. P- I-«ane hail held up
on certain items, and handed down the
decision that the Comptroller was with-
out authority to review or curtail ac-
counts which had been approved by the
district judge. The decision attracted
wide attention in Texas.
Mr. Mead now replies to the Comptrol-
ler's query that that official must is-
sue warrant to Sheriff Rochelle for the
entire amount of his original claim, $1,334,
although "as a matter of fact Mr. Roch-
•elle in his pleading in the above suit
admitted that he had gone over his ori-
ginal account after the same was ap-
proved by the district judge, with your
department, and agreed that the items
making the above sum of $1,334 were not
legal charges against the State, and ny
complaint was made in his suit in ref-
erence to the rejection of said sum. He
only litigated items amounting to $505. '
But he advises that the decision in this
cas bars the Comptroller from any "di-
scretion to inquire into the merits or
legality of any claim or any item there-
of ' and warrant to the amount of the
original account must issue.
HEARING WILL BE HELD TODAY
Request to Postpone Terminal Road
Matter Refused.
The Express Austin Bureau.
AUSTIN, Tex., Sept. 16.—The request of
T. H, Franklin of San Antonio, counsel
for the Aransas Harbor Terminal Kail-
road, that the Railroad Commission post-
pone Inuring on the application of that
road for tlalveston rates from Texas
points to I'ort Aransas, which was set
for tomorrow, was refused today by
Chairman Mayfield and the matter will
be called In it.-s order early on the docket,
As previously noted, it is expected
delegations from the Han Antonio, Aran-
sas Pass, Corpus Christl and other South-
< stern cities' commercial bodies will ap-
pear before the Commission tomorrow in
opposition lo the application. Mr. Frank-
lin requested postponement on tile score
that important business woud require
Ills absence from the State tomorrow,
and as ho has been away the greater
part of the summer he had been unable
thoroughly to prepare for the hearing.
MAYFIELD'S SUCCESSOR
Primary May Be Held in Twenty-
Eleventh Senatorial District.
IT- Kxpi'eiM Austin Bureau.
AUSTIN,'Tex., Sept. 16.'—Attorney Gen-
era! Walthall today advised J. B. Talty,
chairman ol' the Twenty-seventh Sensor-
ial District executive committee, that
a primary may be held under the election
law in that district to nominate a suc-
cessor to Earle 13. Mayfield of Bosque
in he State Senate. Mayfield Is tho
Democratic nominee for Railroad Co ill ■
mlsslOner, unexpired term, and it Is ex-
pected he will shortly transmit his re-
signation from the legislative Office to
the Governor,
The Attorney General replied to Chair-
man Tatty.'* query as to procedure to
lominate a Senator, that the primary
would' be controlled' by the provisions
of Hie'election law as far as possible.
The nominee will go on the ballot In
thai district In the November general
election; The twenty-seventh district com-
prises Bell. Bosque, Coryell and Hamil-
ton Counties.
PRESIDENT TAFT EA TS HIS
A UNT DELIA'S FAMOUS PIES
■ Fee!
Grouchy ■
It is not your fault—it
is your liver. No one
can be in good spirits
when their system is
not carrying off the
waste products.
Tutt:s Pills
regulate the bile ducts
and put you in a good
humor with yourself
and the world. At
your druggist—sugar
coated or piain.
The Ihprefs Austin Burenu.
AUSTIN, Tex., Sept. 16.-Prof. John H.
Gray of the University of Minnesota
faculty, a representative of the Civil
League of New York City, is in Austin
gathering data concerning the laws and
regulation of Texas corporations and de-
tails oi corporate management, in line
with ins investigations in behalf of the
extensive material being collated by the
league. He spent. sow« time today in
conference with Engineer K. D. Parker
of the Railroad Commission as to me-
thods of valuation, bonding, structural
regulations, etc., of the Commission nnd
its requirements in other respects that
are demanded of the roads, lie is look-
ink into both the public, control of cor-
porations and their own operations, and
may be here for some days on these
matters.
Road conditions in Texas are the sub
ject of an inquiry to the Governor re-
ceived today from Senator Jonathan
Bourne Jr. of the committee on postof-
fic.es in the upper House of Congress.
He is a member of the special committee
to investigate the advisability of Govern-
ment aid to States In maintaining and
constructing rouds used by the postal sys-
tem, and his letter to the executive »s
in line with this Investigation.
Among other matters, Senator Bourne
inquires as to "the possible extent and
distribution of roads considered suitable
to receive federal aid in construction;
and requests the Governor direct the
State highway engineer, or other engin-
eer, to designate on a map accompanying
his communication "such roads, not ex-
ceeding 2 per cent of the total mileage
o,f the State, as should be improved by
aid of federal appropriation." On a sec-
ond map he requests a "designation of
where these appropriations should be ex-
pended in eases where the Government
Would meet the entire cost of main-
tenance but none of the cost of con-
struction." The communication advises
that the State is not committed to tho
proposed actlviy of he Government in
any respect and the committee will treat
confidentially all Information and de-
signation of roads.
EL GUAYABO CO. CHARTERED
San Antonio Concern Has a Capital
of $10(1,000.
The ExpiTas Austin Burunu.
AUSTIN, Tex., Sept. lli.—The El Uuu-
yabo Company, San Antonio, > with capi-
tal stock of $100,MX), which Is certified
as paid-in, was chartered today In the
State Department for a Ufty-ytar term,
it purposes "buying, owning, selling and
conveying real estate and minerals, and
engaging in mining, agriculture and
stock-raising" in Mexico. The mcorpo-
I rators and llrst-year directors are ban
Antoiiians. i^nu iVI. Harper, 1j. .v. i ui-
j u<Mi auu J. N. i^oiifc, uie two first-named
! taKlng each ot stocK paid lor oy
tile uansier to the corporation ol 10,cm
acres 111 San juun Evangeiista, Vera
t i uz—known as "til uuayaoo. Long
lakes tne balance of tiiu stock lit pay-
ment of surveying, etc., this property.
Attorney It. 1.. ttnbertson of fcan An-
tonio brought the charter to Austin.
There was also chartered tne ltosita
Live Stock Company, ban Aiitoilio', wnose
business Is to be transacted In tne State
of Coahutla, Mexico. Its purpose is
"raising, buying and selling live stock,
and Its term ilt'ty years. The capital
stock is tfO.OOO, over W per cent paid-.n
in cash. The Incorporators and first-
year directors are I'.' U. Jones and W.
M. Stafford, Del Rio; Winchester Kelso,
San Antonio; the first-named Hiking the
bulk of the stock and Stafford $12,MX) in
stock. •
Other charters filed:
The Rock Drug Store Corporation,
Kcrrvllle; capital stock. 12,01X1; Ineorpo-
rators, R. A. Shelburne, L. W. ^cCoy>
A. B. Williamson, Kerrville; A.'J. Bell,
K. B. Greathouse, San Antonio.
COURT TO HAVE 350 NEW CASES
Criminal Appeals lias a Busy 1'enn
Ahead.
l'iic Express A us I. in Bureau.
AUSTIN, Tex., Sept..in. -The .Court .if
Criminal Appeals, \Vhen 'it convenes next
month, will have fully o50 new appeals to
be submitted from uil parts of the State,
Assistant Attorney General C. K. Lane,
representing the. State before that tri-
bunal, estimated today. A batch »f thirty
appeals in all'classes of cases lifts Just
been received from the two Dallas Crim-
inal District Courts,' and heavy entries
from other counties have been indicated.
At adjournment In .lune fifty appeals
were pending, as well as numerous mo-
tions for rehearing which will have early
consideration. An unusually crowded
docket appears to be the prospect for
the coming term.
it is not yet known whether Mr. Lane
will be allowed a special assistant, but
the need of one is apparent If lie Is re-
quired also to prosecute the forty-odd
suit? by the State against Galveston
saloon licensees, filed last spring in Dis-
trict Court in that city on their bonds,
alter the extended Investigation of Sun-
day selling. Last year Shelley Grover
of Fort Worth, and, later, W. S. Anthony
of Man Antonio, were appointeil u- assis.
in the Appellate Court, but the* Gover-
, ji aw.iojAi.it,tin ui.* vear ior law
enforcement" Is only $1.0%. as against
$27,000 for the year ending August 31, and
the special assistants would have to look
to that appropriation for salary.
l^tsiDEHT TAFANDYUNT DELI^
~| <&BY AMERICAN ASSOCIATION j
President Tuft was 55 years old Sunday-. He celebrated the duy nt the home of
his aged aunt, Miss Delia C. Torrey in Millbury, Mass. There was a family reunion
and a birthday eelepratioil, and the President nte of the apple pies for which he has
made "Aunt Delia's" name famous.
BERTRAM G. SPENCER, WHO
SLEW YOUNG WOMAN, IS
ELECTROCUTED.
BOSTON, Sept. 16.—Bertram G. Spencer,
who, as a masked burglar, shot and killed
Miss Martha B. Blaekstone at Spring-
field on March 31, 1910, paid the penalty
for his crime with death by electrocu-
tion at the Charlestown State prison at
12:18:02 this morning.
The Crime for which Spencer was con-
victed, the murder of a young woman
school teacher, was the culmination of a
series of bold petty burglaries, which
for two years had baffled the polief and
terrorized the people of Springfield.
Spencer confessed that the fascination of
reading newspaper accounts of his ex-
ploits was the motive for the burglaries.
The night of March 31. 1910, Spencer
broke Into the home of Mrs. Sarah J.
Dowe. Miss Mat kstone was visiting at.
tho home, and with Mrs. Dowe and her
two daugters, was putting together a
picture puzzle. Suddenly a masked man
with a levelled revolver walked into
the room and demanded money. The
women screamed and started to run. The
man ordered them to stop and as the
women did not heed the warning, he
fired. One shot killed Miss Blaekstone
instantly and another entered Miss Har-
riet Dowe's head, causing a fracture of
the skull, from which however she re-
covered. The burglar fled, leaving no
clue behind him.
Three months later, after rewards had
been offered by the Governor and others,
private detectives produced a locket
which had been found near the scene of
one of the many robberies. It contained
pictures yf Spencer's mother and sister
and bore his Initials.
Spencer was known only as an indus-
trious clerk In ;i meat store. He was
28 years old and had a young wife and
baby. Spencer was arrested and he con-
fessed. not only to the many robberies,
but to the shooting of Miss Blaekstone.
In his home was found a collection of
miscellaneous article# lie had stolen.
\\AsHKK'S-Will.HK IT\S Ql ALITY'
Say, Men,
This sale can't last Ion#. Too many good
styles and patterns left for you to put ofl
buying.
All Fancy Summer Woolen
Coat and Pants Suits for
Men and Young Men at
Exactly Half Price
Coat and Pants Suits Half Price
$35.00 Suits arc now...$17.50
$32.50 Suite are now.. .Slfi.25
$30.00 Suit? are now...$15.00
$27.50 Suits are now...$13.75
$25.00 Suits tire now...$12.50
•S22.50 Suits are now...$11.25
S20.0II Suits are now...$10.00
$1 H.50 Suits are now...$ 9.25
*17.50 Suits are no»...$ 8.75
$16.50 Suits are now...$ 8.25
$15.00 Suits are now...$ 7.50
This Includes Every Fancy Woolen Summer Coat and
Pants Suit in Our Store
V.
Aeu Fall Hats Now Ready, Men, $3.00 to $10.00
Empire May Capitulate Over Troubles 1
Besetting One of Its Ancient
Provinces.
There were that many stockholders in the
Alamo Home Builders up to Saturday night,
and more coming. Don't you want to provide
yourself with a steady income? This is your
Day of Opportunity. Stock selling now for $1.25
per share; after September 30 goes to $1.30
WHY MONT VOC GET IN NOW?
Alamo Home Builders
Offices 505 Navarro Street.
EARLY MORNING BLAZE DE-
STROYS SHED IN REAR
OF WAREHOUSE.
Fire at 2 o'clock this morning did
serious damage to the warehouse of the
San Antonio Drug Company on Market
Street, and caused Chief Phil Wright to
call out a great array of fighters.
Blue flames from-the acids and explo-
sions that swept back to the rear made
the affair spectacular In the extreme.
It was said that tills fire, being in the
center of the commercial district, caused
the first general alarm In three years
to he turned in. Chief \\ right himself
rushed to Station No. 11 and called out
his men.'
Fire House No. 11 was Itself damaged
by the blaze which had'the nerve to.back
up against the station.
The shed in the rear of the drug com-
pany was destroyed, with its contents.
The amount of the loss could not be as-
certained last night.
No'one was hurt, but the explosions
lap', back the large erhwd that had as-
sembled and the fumes Interfered with
the work of the firemen.
The blue tlamed swept entirely lo lite
rhei and lighted It with strange colors.
COMPLAINT IS RECEIVED
Railroad Commission to Take I P '•
S. Williams' Charges.
'I'lie Esprois Austin Bureau.
Al'STIN, Tex., Sept. 16.—The Railroad
Commission today received from I S.
Williams of San Antonio, well-known III
commercial traveling and business circles
of Texas, a vigorously-phrased letter ad-
vising of his late train experiences on
the Sunset-Central lines In this State,
recent lustauces of lax methods In bul-
letining the lateness of trains at several
stations, and Inquiring II some r.die1
could not be afforded the traveling puU-
iic Mr. Williams' letter appeared in full
in these columns yesterday and Instance
his experiences at Cuero, Yoakum and
Richmond during the past week, where
It encountered trains as much as tv...
hours behind schedule, which were
were "chalked" up at intervals aftct
tiieli nonarrlval in a way calculated to
Inconvenience and misadvise the waiting
''nmini'iaii Mayfield. the only commis-
sioner here today, rel. rred the communi-
cation without comment for line ligation.
The . niiuiils-lon (hiring the past "ear has
r, i elv. .l numerous similar complaints,
and as lat. as July filed nils for heavy
■ .unities against the Simset-t'entral lines
violation of its rule reiiuirlng arrlva
at stations within thiriy1 minutes of
schedule. The .nurse adopted on re-
, . in! or these letters from passengers is. |
to require the road In question to report
the operation of Its trains during the ,
,,,,11111 noted, and soils have fpl owed
the roads' own showing ot belated tiains ]
where the eommlssion <H<1 n°' consider j
the "excuse" therefor iiufficieni.
,\s i„ Mr. Williams' information «011-
coining improper bulletin notification,
t| , rommlMori's regulations require en. ',
telegraph station to mark up. thlrtj iijj.i- ,
i ies before scheduled arrival, the tlmf .
,, ndltloii of each passenger train and
"„s nearly as can he npprox mated how
much the trail! is behind schedule. Hie
Instances detailed by the San Alitoniau
undoubtedly will be investigated and the
road required to explain.
BEXAR COUNTY IS AHEAD
It Leads in Rural Educational Mat-
ters.
Tlif Austin Bureau.
AI STIN, Tex.. Sept. 16.--Bexar County
has made better progress thiui most
counties in its treatment of rural edu-
cational matters, Chief clerk T. H.
Shelby of the education department said
today on returning from a lecture itin-
erary In that district, tie addressed a
large meeting Saturday In San Antonio,
the county board of school trustees and
several common school districts' boards
hearing his discussion of tl)" rural high
school law Mr. Shelby s. one of the
best indications of the enuVvV progress
along tills Hue is the establishment of
three consolidated rural high schools
with good buildings and equipment.
His itinerary also Included addresses to'
trustees and teachers' Institutes in Boguin
km,i Sutherland Springs.
TAFT TO CONFER OVER PRO-
POSED NOMINEE FOR GOV-
ERNOR OF EMPIRE STATE.
EKVKKLY, Mass., Sept. 16.—President
'J'aft will discuss the political situation In
New York State aild the ticket' the Ke-
pt bllcan Convention Is to name at a con-
ference of severs' hours In New York
city Septemoer 24.
The President, is not expecled to deter-
mine upon a man to head the Republican
ticket in New York. There have been
reports In Beverly that he favors Secre-
tary of War Hehry L. Stlmson. The
President, It Is known, would be pleased
lo see the name of Ills Secretary of War
al the head of the New York ticket, but.
In line with bis policy, of keeping out of
State politics, It. was considered doubtful
tonight if he would take an uggresslve
part In the selection of a gubernatorial
candidate. It Is believed, however, he
will let the leaders know .111at what he
thinks of the availability of any man
proposed.
The President will leave Boston next
Sunday and spend Monday In Washing-
tor, where be will address a congress on
hygiene and demography. He will go lo
New York early Tuesday morning re-
Itutlnlr.ff there until night, ami then Start
for Altoona to keep an engagement
\>"ednesda\ with the civil War Uover-
nors' Asso. lotion. He will leave Altoona I
enrh enoag.i Wednesday lo catch l |
Boston express !i Philadelphia the same
night and arrive In Beverly early Thurs-
df.v.
Tho President fold visitors today tli.'it
ti.pp was ii" ground for the report that
the Comptroller ef the Currency. U\v-
rerce' O. Murray, would be asked to re-
sign Mr. Tal't added that he considered
Mr Murra an efficient Comptroller anil
),oi believe he had displayed activity
in politics.
I.oMinv Sept. 111.—A Peking dispatch
to tlie Dally Mill says that at a secret
sitting of the National Assembly yesterday
(he acting Premier, Shao Plug Chun, al j
hiding to Mongolia, snfd that under pres- I
nil eoidltlons China was powerless and I
mcst settle the question as hest she eoul ;
without forfeiting her territorial rights !
The Minister of War declared China |
could pacify Mongolia without assistance, ;
I ill in the event of relations wltli a for !
elgu power becoming strained forces i
v, lilcli China would be able to cniplev .
were Insufficient, and she would be obliged .
to surrender part of her rights.
Willi reference to Thibet, the acting
1'ienirr said that China must negotiate .
ii settlement with (ireat Britain slmllai
lo that made bv the late administration.
Pealing wili, the filial condition, lie said
China win hard pressed and must resort :
lo foreign loans, as Internal loans were
impracticable.
According to Hie Peking (errespondelit
of the Times, the Chinese finance Min-
ister al a secret meeting of the National
Assembly yesterday announced the fail-
ure of the London loan negotiations, ow -
ing to Ihe opposition of foreign govern-
ments. He explained the modifications
of conditions which the government pro-
posed to submit to the six-power group.
in an Interview published in the tllily
News one of the members of the firm
\tlih which the contract for ihe s.YMXKc-
tno loan was signed August liu said that
there and been no withdrawal on the pari
of the Peking authorities, and the Inten-
tion f the contracting parties was to go
#n with the Icon.
MINISTER LU WILL RETIRE
111 Health Given as Chinese Official's
Reason.
PICKING. Sept. 16.—It Is announced that
i.u Chung Hsiang, premier and minister
of foreign affairs, will retire from office
on account of ill-health. Chao Ping Chun
will remain as acting premier. Liang Men
Ting will assume I lie portfolio of foreign
affairs and I.ill I'hang Fen will be ap- j
pointed minister to Russia.
The belief prevails In Chinese official
elides that now the obsequies of the Km- |
peror ol Japan nave been concluded, j
»],ecd\ results of Prince Katsura's mis-
sloe to Russia will be seen In the des- |
patch of a Strong Japanese force to quell
the border disturbances In Manchuria
•| he Japanese legation does not consider :
tl a' the present situation necessitates In- I
terferenre, but admits the possibility of
intervention If the disorders In Manchuria
increase.
The more shoes a good shoemaker
makes, the more economically
he can make good shoes. The
McElwain factories produce
twelve million pairs a year. That
is one reason why
McELWAIN
SHOES
contain so much shoe value,
pair for pair.
W. H. McElwain Company, Boston
In on every
M^LWAIN
IHOB
GIANTS
The greatest Poverty Destroying
Giant is tIk* present day Hank
Account Plan for aecuraulaling
honielliiii^' for the future. We shall
he jilnd to have you take advantage
of our njodern facilities ant^ equip-
ment for the protection of your sur-
plus earnings.
The Emmet Bank
(Unincorporated)
308 WEST COMMERCE ST.
THOS. L. CONRGY, President,
E. J. McCORMICK, Cashier,
J. FRANK GALLAGHER, Asst. Cashier.
Low Summer Fares
In Effect Daily Until September 30
FROM
SAW ANTONIO
TO
CHICAGO
DETROIT
AII9 RETURN
AIIO RETURN
$48.85
158.35
NEW YORK CITY AND RETURN $63.35
Call on or write us for./ull information and rates to
all other cities and reports in the North and Last.
H. <. WKBB. 1>. V. A., T ' T P. V.
M9 I rank I in Av«\, lloiiMuii. Tex. »•<» Moore lllrig . *n n AiiTHmo.
Well Established Fact
N>«rly nil ntomacii troubles, liver and kldner affections, typhoid and
malarial fetfra, «re contracted through drinking impure mater.
MONO-HYDRIDE
"Tilt: SPARKLING Dig TILLED WATER"
•ffcrtuallr prevents the ordinary Ilia of life, because it la free from
mineral and Tegelnble niatt?is, nail*, lime and diaea^e^produclnf
get ma. It neutralizes au<i absorbs bodily Impurities.
0. A. Duerler Mfg. Co. "monks 149
fV>tlle<l fur Family I'jf In Half Gallon*—6 for Wc, deHrfrfd.
£ ii a
ROACH & BARNES
I or SPORTING GOODS
and KODAK SUPPLIES
1.00
Hrftt (iranulated Su^ar,
18 pounds for
Ilest Creamery Butter, Qrt/*
pound OUC
GREAT ATLANTIC &
PACIFIC TEA CO. •
-lO.t Kant Houston Street
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San Antonio Express. (San Antonio, Tex.), Vol. 47, No. 261, Ed. 1 Tuesday, September 17, 1912, newspaper, September 17, 1912; San Antonio, Texas. (https://texashistory.unt.edu/ark:/67531/metapth432784/m1/3/: accessed July 12, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting Abilene Library Consortium.