The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1877-06-14
IneligibiIiGy OF Col. DeGrcss.

b. Trigg, Esq, eN-attorney of tins
county, made an argument before
the committee of the city council
on last Saturday evening, in which
he sustains and illustrates an opiu-
ION given by the STATESMAN.
The speech, of which We give only a
synopsis, should lave earnest atten-
ton:
Gentlemen Of The Committee-My re-
marks on the matter before you shall
be few. The force of the argument in
the case will be exhibited in the con-
clusion Of Col. Coopwood, my supe rior
in experience as a man and lawyer,
and to whom defer the labor of full
and thorough discussion.
We came here this evening, at the
hour of 3, with petition signed by a
number of our feIlow-citizens, ad-
dressed to your honorable body, and
containing solemn protest against
the installment of Col. J. c. DEGREES
as mayor of the city of Austin. 1t al
leges many grave causes for its presen-
tation, and prays the council to notify
Col. DeGress of the fact and fix day
TO inquire into the truth of the matters
and things therein charged.
We have been forced into trial with
out single witness. We have been
forced into trial on one single charge
that charge being "that Col. DeGress
is now, and was at the time of his cleo
ton Off elected), an officer of the army
| Of hn Init
list of SAID army, drawing from the
government of the United States the
sum of one hundred and fifty dollars,
more or less, per month"; and there
re, under article 8 of the city char
ter, he could not be mayor of Austin. I"
In our extremity, the respondent was
placed on the stand, and his state
ments, with the ''army register" is
our whole testimony. 1t Is of few
words, yet how strong and amplcl 1t
IS brief, yet how comprehensive In
support of the charged! Quoting his
testimony, he says: II am a captain
of the Ninth Cavalry, United States
Army, 'on the retired list and re
ceivc from the government $1,000 a
year." Quoting the city charter by
which you must be controlled, aud
which settles the question at once, il
says: ''No person shall be mayor wi o
holds lucrat o. office under the au' no =
ity of the United States or of the
| State"
Can 42S votes make respondent
mayor in defiance of this provision of
your charter Could the unanimous
vote of the city do 500 If so your
charter is farce, and by his induction
into Office, with your consent, you
prove to the world you so regard it.
Had these votes been cast for Prince
Napoleon, would you install HIM
mayor: Would you count the votes2
J. G. DEGREES is quite as foreign to all
eligibility for this Office. But is he an
officer? | read now from section 1904,
Revised Statutes of the United State, {:
The army of the United States shall
consist of 'one general, one lieutenant
general" etc., etc., land the officers
of the army on the retired list" Is re.
spondent on that list? He has sworn
so, and the army register, which we
have introduced, so records him up to
this date. Is he subject to the author
| II.
| read now again from the Revised
Statutes of the United States, section
1859, page 21S: San officer incapaci-
tated for active service shall be retired
from active service, or wholly retired
from service. The names of officers
wholly retired from active service
shall be omitted from the army
register" The name of J. G. De-
Gress still remains on the army register.
He is not, then, wholly retired from
service in the army. But again; Sec
ton 1856 reads: "Officers retired
from active service shall be entitled to
wear the uniform Of their rank; shall
continue to be borne on the army reg
lister; shall be subject to the rules and
articles of war and to trial by general
court martial for any breach thereof"
And to the same effect has respondent
sworn, yet he would dodge the force
of the law by saying that he could not
be assigned to any duty, etc., incon-
sistent with the incumbeDcy Of the
mayoralty. Be guided by your char
ter. 1t contains no such saving clause.
But read IN the same book, further
(sec. 1850: "Retired officers of the
army may be assigned to duty at the
Soldiers Home upon selection by the
commissioners of that institution ap-
proved by the Secretary of War" |
repeat again, gentlemen, stand to the
organic law of your municipal gov
eminent. Preserve it as the ark which
no sacrilegious hand can touch and
live! for therein Is the arcana of JUS
tice, of law and truth trusted to your
keeping and vigilance by the Legisls-
ture of your State, ratified by the suf-
frage OF an intelligent and virtuous
constituency. That charter denounces
the foreign ''authonty" and the
Lucrative" Office. Respondent receives
sixteen hundred dollars annually
What does he do2 He writes on q
printed blank not more than twelve
times a year, 81. c. DEGREES, Capt.
9th Cav. and Bv't 1t. Col, U. S. A."
Is not that "lucrative2" Thousands
of your fcllow-citizens are to-day toll
ing In the sun, have 80 tolled from the
beginning of the year, and will to its
close, and will not make one-half as
much-nay, not the fourth; and ask
one Of them if his labor is profitable
His response will be, 81 thus clothe,
feed and maintain myself, wife and
children"
But respondent says he is paid now
for his services during the war. Did
not the government pay you thenI
"Nn, not for the seven bullets in my
body" Wounds "Sweet Cesar's
wounds poor dumb mouths, ope wide
your ruby lips and speak for"-De-
Gress! They have spoken, and a mag
unanimous and partial government, melt
ing under their eloqueDce, confers hon
or, rank and the balm of GIlead "
sixteen hundred dollars in green
backs" every year; 6 splendid income,
free from all taxation. Hundreds, yea,
tens of hundreds, in our land, stricken
limblcss by the cruel hand Of war, and
surviving the agonies Of death, are
now perishing in poverty and obscu-
rity, and yet cry to nAught for food
and raiment-exemplifcations Of hero
ism above bullet,preof in every ele-
ment of bravery and fortitudel But
let me now read to you section IL, ar
ticle =, Of the Constitution Of ouI
State:
"No member of Congress, nor per
son holding or exercising any Office oi
profit or trust under the United States
or either of them, or uAder any foreign
power, shall be eligible as member oil
the Legislature or hold or enoeise any
Office of profit or trust under THU
State"