The Birmingham age-herald., 1906-12-09
Wiling to Resign f Proof is
 Established
COMES BACK AT DAVIDSON
The Senator Says He Leaves His Case 10 the Fair-Minded Men of Texas and Trusts In
 Their Judgment.

Dallas, Tex. December s--At a late hour tonight United States Senator Jo- seph Bailey gave out an open letter ad- dressed to Attorney General Davidson and answering the letter of the attor- ney general. issued last night. setting out copies of papers of the Waters Pierce oil ompany, which the attorney general are in his possession.
 V nator Bailey, at the outset, says the torney general. in his letter of yes terday, has eliminated very much from the decision by confirming what I had said in my open letter to you" The doc uments he says, do not support the in- ferences which the attorney general pre- Viously made. Indeed, he says, the voucher for S33o0 and the notations upon 1t show conclusiyely that this sum was loaned to him by II. C. Pierce. and not by the Waters-Plerce oil company. and the notation of "bllls receivable" upon if shows that Pierce borrowed money upon it from the Oil company, and that 1t was not treated as an Item of expendi- ture.
 As the total vouchers purporting to show that the oil company had paid sloyv to Henry and Stribling and the memorandum that It had been paid upon the draft of Senator Bailey he says that if he had ever drawn such a draft 1t must have passed through at least two banks leaving a record behind. He sur- gested that the attorney general could easily apply to the banks and ascertain if there was such transaction
 in
 single bank that l eyen ,lreW drn4 in faspr of Henry and stribIing. or either tof them, on the waters-Pieree oil com panf n II. (. Pierce, or ] b Johnson. or any other individual. firsn or corpora sion for St5U0, or for any other sum. I will resign my sent in tte Senate and l retire forever from public life," declares Senator B Hey.
 'I will go further tha' this. If you can produce any order, receipt or memo randum in favor of Henry and Stribling, or either of them bearing my signature, endorsement or approval l will resign my seat in the Senate and retire for ever from public life.'
 He declares that he never heard of a loan to Henry and Stribling by the oil company, or Johnson, and that the all legged telegram published by the attorney general was never mentioned to him re- motely at any time or by any man. Quoting the voucher purporting to show loan of $175O to him by H. C. Pierce and the letter of Pierce requesting the secretary of the company to send Bailey exchange for the amount Senator Bai- lev draws attention what he terms d cu- rious feature of said letter. namely tho statement that the writer (Pierce) had advanced the amount to Bailey, but that Bailey had repaid it. followed by tho request that exchange should be sent to Bailey for the amount and that same should be charged upon the books of the company.
 MT. Bailey says this statement is pre- posterous He declares he only got the money once and the purported letter would show he had received it twice Sem ator Bailey declared that the attorney general has wholly failed to produce d shred of evidence that he assisted in re- turning the Waters-Pierce company to the state. or that he had acted as attorney for or received compensation from it. He declares that he had represented Pierce publicly in many matters.
 Nothing in your much heralded docu- ments. some of them stolen, some of them forged, and still others irrelavent, con fused and confusing disproves anything I have said.' he continues. They only tend to show that I have had business re- lations with H. c. Pierce. a fact that had frequently myself asserted, and that I had borrowed money from him, which money 1 repaid to the last dollar"
 Remarking that the attorney general has talked much about his .'sense Of duty" Senator Bailey complains that he has not been treated fairly in being denied an opportunity to examine the papers in tho possession of the attorney general, and concerning which he made public statements.
 T believe that when I asked you for permission to examine the papers that they had been forged in whole, or in part, In connection with tho transact ton of which l had no knowledge" he continued, "and since reading the documents in print I am certain that some of them are forgeries."
 He says that the attorney general must have known that the man from whom he received the papers had stolen them from the files of his employer and he should tate to commit forgery.
 'I willingly leave It to the decent and fair-minded men of Texas to say how much weight they will attach to docu- ments furnished by man who either robbed the flies of his employers office or forged the papers which you are using and the evidence of wholly false swearing to deceive the officers Of the state is a part of the easa -.-hi-t ve in charge" Senatoi
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