John Henry Brown.

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redoubled zeal toward a place in the front ranks of
his profession.

While not disregardful of social duties, he never
abandoned the habit of study that he had acquired
at college, continued to burn the midnight lamp,
and dug deeper into the rich mine of the law,
gathering into the well ordered storehouse of his
disciplined mind its priceless treasures. He was
elected County Attorney of Marion County in 1880,
but his professional engagements multiplied so
rapidly that he resigned the office after discharging
its duties for a short time. He was nominated for
the Legislature by the Democracy of that county
in 1882, but declined to accept the honor and con-
tinued to build up a lucrative practice. Four
years since he removed to Dallas, where he is a
member of the well-known law firm of Bookhout &
Culbertson. At the Democratic State Convention
held in San Antonia in 1890 he was nominated for
Attorney-General by acclamation, a fitting recogni-
tion of his services to the party and his great
abilities. His wife is a daughter of Col. W. W.
Harrison, of Fort Worth. He has the easy port
and bearing of a polished gentleman, and in social
intercourse is affable and engaging. It is a need-
less assurance to say that he made one of the ablest
Attorney-Generals who has ever guarded the inter-
ests of Texas.

Mr. Culberson was nominated for Governor by
tiie Democratic State Convention at Dallas in
August, 1894. He was elected by a handsome
majority. Two years later, at Fort Worth, he was
renominated for the same office, and again elected
by over 60,000 majority in face of a most pow-
erfully organized fusion movement, which grew out
of the free-silver sound money contest, that
formed the leading issue in the Presidential cam-
paign of 1896.



742



INDIAN WARS AND PIONEERS OF TEXAS.



JAMES S. HOGG,



AUSTIN.



John Hogg, the great-grandfather of Governor
James S. Hogg, when a mere boy was left an orphan
In Virginia, his parents having died soon after their
emigration from Ireland. After arriving at man-
hood he removed to South Carolina and settled in
Newberry District, where he married and raised a
family of seven children, the oldest of whom was
Thomas Hogg, the grandfather of Governor Hogg.



From Georgia, in 1818, the family moved to Tusca-
loosa County, Ala., where Joseph Lewis Hogg was
reared. In that county in 1833 he married Lucanda
McMath, daughter of Elisba McMath, a well-to-do
planter in Eoupes Valley. Moving to Texas in
1840, he settled first at Nacogdoches, and finally at
Rusk, in Cherokee Connty, where he raised a family.
He represented his district (including Nacogdoches




JAMES S. HOGG,



The old family in South Carolina took part against
England in the war that secured American independ-
ence. One of the brothers, James, was killed ;
another, Lewis, was wounded, and Thomas escaped
unhurt.

Thomas Hogg, grandfather of the subject of this
sketch, married Martha Chandler, da,ughter of John
Chandler, of Newberry District, after the Revolu-
tion and moved to Georgia, where Joseph Lewis
Hogg^, the father of Governor Hogg, was born.



County) in the Congress of the Republic; was a
member of the Constitutional Convention of 1845 ;
was in the first State Senate ; resigned his position
in the latter body and entered the United States
army and fought through the war with Mexico and
returned home after the war was over, and was re-
elected to the State Senate, where he served the
people for many years. He was a lawyer by pro-
fession, but relied mostly op his plantation for sup-
port. He was elected and served as a member of



INDIAN WAB^ AND PIONEERS OF TEXAS.



743



the secession convention. In 1861 he received a
commission from President Davis as Brigadier-
General and entered the Confederate army, where
he died at Corinth at the head of his brigade in
May, 1862. His father and mother lived with him
at Rusls, where they died . and were buried in
1848-9.

He had a sister and two brothers (Thomas and
Stephen), all of whom raised families and died in
Mississippi, and left surviving him his wife, who
died in 1863, and two daughters (Mrs. Fannie Davis
and Mrs. Julia McDougal), and five sons — Thomas,
John, James S., Lewis and Richard. The latter
two died while boys ; Thomas served through the
war, married, raised a family and died at Denton,
Texas, in 1880 ; John lives with his family in Wise
County, and is a worthy and prosperous farmer, of
fine education and intelligence.

Ex-Gov. James S. Hogg was born on the " Moun-
tain Home" near Rusk, in Cherokee County, March
24, 1851. He was left an orphan at twelve years
of age.

The property of the family .was swept away by
the war, and the boy was compelled to, unaided,
take his part in that struggle for existence in which
"if the race is not always to the swift, the battle
is assuredly with the strong." He- disdained no
honest employment and did any work his hands
could find to do. To secure a practical education
he entered a newspaper office as printer's devil, and
worked his way until he owned and edited a paper,
the Longview News, which was subsequently re-
moved to Quitman, Wood County, Texas, and the
name changed to Quitman News. He read law four
j-ears while residing at the towns of Tyler, Long-
view and Quitman ; was admitted to the bar in 1875 ;
after three years successful practice w.is elected
County Attorney of Wood County, and after filling
that office for. two years, was elected District At-
torney for the Seventh Judicial District, a position
that he held for four years. On the close of his
official term as District Attorney, he settled at Ty-
ler, where he secured a fine paying practice.

April 22, 1874 (before he was admitted to the
bar), he was united in marriage to Miss Sallie Stin-.
son, daughter of Col. James A. Stinson, an intelli-
gent and highly respected farmer, in Wood County.
They have four children — William C. , sixteen ;
Ima, eight; Mike, five, and Tom, three years
old.

Governor Hogg was nominated by the State con-
vention of 1886, over three opponents, for Attorney-
General, and was elected in November of that year,
and in 1888 he was renominated without lopposition
and re-elected. In accepting his second nomina-



tion to the office of Attorney-General he spoke as
follows : —

' ' Mr, President and Gentlemen op the Conven-
tion: — For this, the second expression of confi-
dence in me by the Democracy of Texas, I am
weighed down with renewed gratitude. To dis-
charge the welcome obligation by a continued faith-
ful adherence to duty certainly now is my highest
ambition. In the past the t!&lisman of my life has
been that palladium of a Republic's safety, the con-
stitution. Its majesty has ever commanded my
most devout reverence, and within its shadow I
shall, if your action is confirmed at the polls, con-
tinue two years longer to stand at the post of official
trust.

' ' The department over which your partiality has
placed and proposes to continue me for another
term is one of no mean importance. Upon it is
frequently imposed demands of the State of the
most vital concern. Without action from there the
avenues of justice would be stified and the statutes
in many material particulars might remain untested
— their usefulness unfelt and unknown. Not ob-
structing, but opening the way, now and then with-
out a precedent, I have attempted to serve the
constitutional purpose of the office so that the laws
should take the place of those evils which are a
menance to Republican institutions. How far this
course has been successful must be determined by
those who shall do me the honor to investigate the
records of the department and the courts. To them
I refer and by them I stand, under the pardonable
consciousness that the action which I took in their
making was never inspired nor accelerated by
motives of policy at the expense of duty or
principle. With an eye single to the law and a
heart Set upon duty, I have done some work in hith-
erto unexplored regions that were bewildered by
ominous and apparently insuperable obstacles.
Failure meant professional ruin ; success
vouchsafed the establishment of public rights
upon well defined but latent principle. Re-
sults so far are satisfactory, notwithstanding
that the efforts have been declared by critics to
have grown out of mistaken zeal and to have proved a
wicked bopmerang. Throughout the undertaking I
have had the good-will, cordial encouragement and
hearty support of my brethren at the bar all over
the State. This alone is highly gratifying. To
them I tender my special acknowledgments in these
times of an unreasonable and relentless crusade
against their profession. At no time in the history
of this grand' profession have its members failed to
respond to their country's call nor to defend the
liberties of the. people. They can and will do so



744



INDIAN WARS AND PIONEERS OF TEXAS.



in the face of blind malice that seeks to scythe them
to the ground. The spirit of patriotism will ever
enshrine them and form a magnetic segis that will
repel the malignant vituperation so commonly and
indiscriminately hurled at them on account of their
occupation. With but few exceptions and without
political distinction the lawyers have stood with me
in each round I have taken in support of the law.
Concurring with theih was the great conservative
press and masses composing the bulk of the Demo-
cratic party. This generous support has ever
cheered me on in the belief that I was right
and that justice would finally prevail. These
grand people, without distinction as to class,
occupation or financial standing, make up
to-day our party of the government, that occupies
a position between two powerful contending forces
that threaten the demolition of all. On the one
extreme stands an organized class whose purpose
seems to be to remodel society by regulating prop-
erty upon new theories,- limiting modes of industry,
prescribing the sources of livelihood, changing
domestic relations and governing the social morals
of mankind. On the other is to be seen a federa-
tion of voracious individuals whose insatiate avarice
leads them on to feast indiscriminately upon the
vital substance of every ckss within their way,
without respect to the comfort or welfare of society
at all.

-" The first has for its chief weapon of success the
terror of force, propelled by inflamed passion under
the guidance of distempered reason. The second
holds within its grasp the power of wealth as the
means of its triumph, fostered by that vicious
spirit which blinds the glutton to the wails of the
hungry crowd around him. The former means
destruction by blunt coercion ; the latter intends it
by insidious absorption. The encroachments of the
one are as dangerous as the stealth of the other.
Subject to. the incursions of both is that great con-
servative class who compose a Eepublic's life.
However, at the command of it, for use in defense
or aggression, to protect the cherished institutions
of our government from wreck and ruin by the col-
lision of these two contending extremes, is the law !
[Prolonged applause.] Let it impartially but stub-
bornly prevail. Stand beneath the waves of its
banner, planted upon judicial temples for the
country's good. Both the cormorant and the com-
mune fear it. To each let it be applied, and in due
season the causes for their existence will cease and
their practices and principles will forever disappear
under the withering influence of patriots' frowns,
showered upon them in the forums of justice.
[Applause.] The Democratic party has enacted



and sustained wholesome laws and has provided
pure tribunals for their enforcement. To them all
citizens should bow and welcome their supremacy.
Efforts to enforce them should be upheld and de-
fended. From Constable to the highest officer in
the land attention to them should be impartially,
zealously, fearlessly given without a question as to
policy or probable results. When they are passed
they should be given life by conscientious officials'
action.

" In the future as in the past the Democratic party
will make the laws for Texas, and will indorse her
servants who with fidelity enforce them. [Ap-
plause.]

" Not wishing to claim your valuable time longer,
I again beg to thank you for this high compliment
you have just paid me, and here in the presence of
this vast assemblage of the Democracy's repre-
sentatives I pledge to the people of Texas a record
two years from now that can be read in the light of
law undimmed by the work of passion or prejudice,
and unhurt by foul schemes or considerations of
policy. [Applause.] "

At the Democratic State Convention held in San
Antonio, August, 1890, he was nominated for Gov-
ernor on the first ballot, amid the wildest enthus-
iasm, having swept all opposition from the field
long before the assembling of that body. Ex-
Lieutenant-Governor Wheeler was the only one of
his five opponents who stayed in the race to the
end, and he received only seventeen out of the nine
hundred votes cast by the delegates.

Governor Hogg's record as Attorney-General was
of such a character as to win the admiration of the
profession and masses, and he was called to the
gubernatorial office more nearly by the will of the
whole people than perhaps any man ever elected to
the Governorship in Texas. While Attorney-Gen-
eral he forced the " Texas Traffic Association " to
dissolve and compelled certain railway corporations
to re-establish their general offices and headquar-
ters in the State, as required by the constitution.
Acting under the constitution, without precedent,
in the face of formidable opposition, he enjoined
and finally succeeded in dissolving and bj-eaking up
that association. Following its destruction was the
organization of the International Traffic Associa-
tion, with headquarters out of the State, having like
purposes in view, and also the International Weigh-
ers' Association, located in Texas, intending to op-
crate in disguise to regulate the traffic of the country.
Each of these he succeeded in dissolving by the
power and effect of the decree entered in the first
instance. Following up these precedents and the
law that was passed subsequent to their establish-



INDIAN WARS AND PIONEERS OF TEXAS.



745



ment, he compelled the removal of the headquarters,
general offices and shops of every railroad in this
State, which were located in foreign cities and
States, back upon the line of their respecitve roads.
The roads were compelled to bring them back to
San Antonio, to Houston, to Galveston, to Dallas,
to Fort Worth, to El Paso, to Denison, toTexar-
kana, to Tyler, and to other places where they
belonged under the terms of the charters of the
railways.

The very section of the constitution which creates
the office of Attorney- General requires him to look
after private corporations : It says :

" He shall especially inquire into the charter
rights of all private corporations, and from time to
time, in the name of the State, take such action in
the courts as may be proper and necessary to pre-
vent any private corporation from exercising any



power



not authorized by law."



Within forty days after he qualified he took
action under this provision of the constitution, and
continued to operate under it actively and effect-
ively. His first work under it was against illegal
fire and life insurance companies, generally called
" wild-cat " concerns. Then there were about forty
of them operating in Texas in violation of law. By
the aid of an efficient and faithful commissioner of
insurance, through the courts, he effected the ex-
termination of every one of them within twelve
months. It is said many good men were innocently
in the service of those companies. Some of them
may yet regret the loss of lucrative positions by the
rigid enforcement of the law, but they all ought to
be, and doubtless are, patriotic enough to rejoice
at the general public good effected as the general
result. By this work the commissioner says the
people have been saved at least $250,000 per year.

The railroad from Sabine Pass to Beaumont had
ceased to operate. For months no trains of any
character were run between the two points, a dis-
tance of thirty miles. It was the only road
to the Pass and the company refused to
operate it down there. Complaint was made
to the Attorney-General and he brought action
against it and forced it to reconstruct, equip
and operate the road. Since that time it has been
doing its duty to the public without complaint.

Without entering into further details of the
services he performed as Attorney-General, it is
enough to state that by suits and official action duly
taken, he compelled most of the railroads in Texas,
so far as the law would warrant, to decently repair,
equip and operate their roads, to cease discrimina-
tion in many instances between shippers, to con-
struct and keep in proper order suitable depot



buildings, and to otherwise perform their duties to
the public. In the same way he compelled the
dissolution of many unlawful combinations within
the State that had been for a long time operating
in defiance of law. Included within these were
the express association, insutance underwriters,
coffin combine, tobacco trust and others. He also
represented the State in numbers of cases in the
Supreme and District Courts against defaulting
sheriffs and tax-collectors, delinquent land lessees
and others, who were due the State or sought
to recover from it sums of money. He stirred up,
through the efficient district and county attorneys,
delinquent taxpayers and many others who refused
to perform their legal obligations to the govern-
ment. By proceedings in the nature of quo war-
ranto he procured a forfeiture of the charter of the
East Line and Red River Railway on account of
the failure of that corporation to comply with its
stipulations. He instituted actions to recover lands
illegally acquired by railroads and filed a large
number of other important suits.

In the Twenty-first Legislature a strong effort
was made to pass a bill providing for a commission
to regulate and control the rates of railway traffic
having its origin and destination within the State,
but it failed of passage, mainly because a large
number of members of that body considered such a
law in confiict with the constitution. As a com-
promise and to determine the popular will, the
Twenty-first Legislature submitted, for adoption or
rejection by the people, a constitutional amendment
providing expressly for the creation of such a com-
mission. Other important amendments Were sub-
mitted at the same time, but the one relating to rail-
ways overshadowed in prominence all others, and it
constituted the main issue of the gubernatorial
campaign. While the passage of a commission bill
through the Legislature had been attempted and its
provisions, constitutionality and expediency were
discussed in the debates attending the effort, yet a
great majority of the people had no clear concep-
tion of the fundamental principles involved, the
extent of the evils to be remedied and the rights
and powers of the State and roads in the premises,
until Governor Hogg's great opening speech was
delivered at Rusk. Before the campaign opened
the public mind was in a state well-nigh bordering
upon indifference. His speech at Rusk, April 19,
1890, however, was like the blast of a bugle in
some enchanted hall filled with sleeping men at
arms, who, at the martial sound, leap to their feet,
clash their weapons and sally out in full array of
battle, ready and eager for ■ the fray. The
Galveston-Dallas News published the speech in full



746



INDIAN WARS AND PIONEERS OF TEXAS.



next morning, introduced by tiie following comment
of their reporter : —

" Attorney-General Hogg made his speech here
to-day in his native place, the first he has made in
the campaign. Many distinguished men were here
from over the State, all told 3,000 people. Hogg
clubs from Smith and Wood counties were here in
good numbers. The Campbell Guards from Long-
view and brass bands of Jacksonville and Tyler
were here in full uniform. Mr. Hogg spoke three
hours and his effort is pronounced a masterpiece
and was well received by the people."

The paths of men make many turnings. Some
move with an onward sweep, recrossing at no im-
portant point, and the great events of life are like
resting-places along a dusty roadside. This is not
true of others. One man finds himself, after many
years, drawn by a combination of powerful circum-
stances to a spot rendered sacred by some hour of
sorrow and trial, through whose travail he came
forth a truer, nobler man, or to which memory has
often fondly turned from far distant lands ; and
another, while bearing the heat and burden of some
great contest, on whose successful issue depend
his fortunes, gathers courage and inspiration from
the spot that knew his childhood. So it was with
Governor Hogg. His was not a childhood whose
happy way lay through banks of flowers, but a child-
hood that called for fortitude and toil. "With his hon-
ors, won as Attorney- General of Texas, fresh upon
him, and about to give the signal for a tremendous
conflict, he selected his birthplace as the scene, and
April 19, 1890, delivered an address whose every
word reverberated throughout the confines of the
State. In beginning that speech he said: —

"Fellow-Citizens — Acting on the invitation of
a committee from Busk, and in obedience to nat-
ural impulses, I am here, where I was born, at the
playground of my childhood, to begin among my
life-long friends and associates a formal canvass of
the State as a candidate for Governor. Just after
the war, when merely a boy, many of you will re-
member that I left these familiar scenes and gener-
ous people to cast my lot among strangers in
another county. How they have trusted and treated
me, ask them. Look among this vast concourse
and you will see many of those good people, a hun-
dred miles away from their homes, taking part in
this demonstration. They have been drawn here
by ties of affection that are too strong for dissolu-
tion, too pure for others than friends to bear. To
them I direct you for an account of myself in all
the walks of life since I left you so many years ago.



As a day laborer and a penniless printer they re-
ceived me to their firesides and cheered me on. In
the journalistic field they gave me a generous, lib-
eral support, and made my paper a success. They
trusted me with positions of Eoad Overseer, Jus-
tice of the Peace, and County Attorney; they
joined with five other counties in making me their
District Attorney, and afterward they generously
contributed their full strength in electing me Attor-
ney-General, the oflflce I now hold."

This speech inaugurated a most remarkable and
important campaign. The merits and demerits of
a railway commission were exhaustively discussed
through the columns of the press and from the ros-
trum. The opposition to Governor Hogg and the
amendment was not slow to effect thorough organ-
ization, and numbered in its ranlis many men of
great experience in politics and whose civic virtues
commanded respect. J. W. Throckmorton, Gus-
tave Cook, H. D. McDonald, T. B. Wheeler and
R. M. Hall were respectively (although not in the
order named) selected as standard-bearers by mem-
bers of the party opposed to a commission. As the
battle progressed and county after county instructed
for Hogg, they one by one retired from the race,
leaving Hon. T. B. Wheeler to alone go before the
Democratic convention at San Antonio and contest
with Gen. Hogg for the nomination. Not only was
Gen. Hogg nominated for Governor on the first bal-
lot, practically without opposition, but the amend-
ment was also unqualifiedly indorsed. It was a
famous victory.

Governor Hogg's message, sent to the Legislature
the day following his inauguration, was a state
paper that fully met the just expectations of his
friends. Every question of public policy was ex-
haustively discussed and proper legislation recom-
mended. No stronger document has ever eman-
ated from the Governor's office in this State.

Governor J. S. Hogg is a very tall and large man,
measuring six feet and two inches in height and
weighing 285 pounds. His success in life is to be
attributed to his own unaided efforts, a faith-
fulness to duty, and unshakable steadiness of pur-
pose.

He served as Governor a second term, having
been renominated at Houston in 1892. In this



Online LibraryJohn Henry BrownIndian wars and pioneers of Texas → online text (page 131 of 135)