The weekly herald. [volume] (Amarillo, Tex.) 1906-19??, 1908-04-30

Introduced In evidence In the last
trial.
The violence offered In 1901 shows
conclusiyely that Bailey had abso-
lutely nothing TO do with procuring
the permit or with the readmission
OF the company to Texas and there
was not line nor syllable nor word
nor sclntlla OF evidence showing or
tending to show that he did,
Waters Pierce Readmission.
Now what docs the record show?
It shows that judgment had been
rendered in the district court at Aus
tin prohibiting the waters Pierce oil
company from doing business in
Texas. II shows that suit was
pending In Waco, Texas, against the
same company for penalties for max
ing exclusive contracts in violation OF
law and that II. Clay Pierce and 9TH
ers we're under indictment for violat-
ing the antitrust law. II shows that
| II. Clay Pierce appealed to eX-Goy-
ernor Francis, a man OF honor and
integrity, and an old and intimate
friend OF Mr.. Bailey as the proper
man for him 20 see. He gave to
pierce letter OF introduction to Mr..
Bailey and requested Mr. Bailey TO
do what he could for II, Clay Pierce.
Bailey came TO Waco and thence TO
Austin with the suggestion that the
litigation ne compromised. lie saw
Attorney General Smith and Smith
showed him the Judgment could not
be compromised and after Bailey
had examined the judgment he
agreed with Smith
Bailey then told Pierce that the
judgment OF the state could not be
compromised and that the only thing
he could do was TO dissolve the old
company and organize new com
pany, come back into Texas with
clean hands and obey the law,
Bailey suggested that he organize a
Texas company.
A Devoted Friend.
But the question is asked IL Sena-
tor Bailey did not procure the read
mission Of the company to Texas, why
did he assume responsibility for its
readmission at the Waco convention
in August, 1900? Fellow citizens,
during the long investigation at Aus
tin 1 studied very carefully the traits
OF character possessed by senator
Bailey and came TO the conclusion
that he is the most devoted friend
mortal man ever possessed. / be-
licvc he cOnfides to tho uttetmOst
in his friends, and that he will sac
rifiCe more for friend than any
man l ever knew. It. S. Smith, the
attorney general, was his friend and
was most viciously attacked in the
Waco convention because of his ac-
ton in advising Secretary Hardy to
issue the permit. Senator Bailey
believed the attack was an outrage
upon the integrity OF Smith and it
aroused in hi mthe utmost indigna-
ton, and with all the manic God he
possessed he came to the defense Of
Smith, and in his defense he went
further than the facts required and
therefore said, al assume response
bility for this; don't blame Smith
but blame me-" Senator Bailey did
not say, ~ asked Smith to issue this
permit" He did not say, ~ was in
strumental in securing the readmiS-
sion OF the Waters Pierce Oil COM
pany," but he said, ~ assume the
responsibility for what Smith has
DONE"
heard men for political pur-
poses, during the latter days of the
life of Attorney General Smith, de-
nounce him in the bitterest terms for
his action in readmitting this oil
company to Texas. saw General
Smith in the latter days of his life
when his feet were gradually slipping
into the chilly waters OF death, and
I know how keenly he felt the sting
OF these poisonous shafts, but / have
never heard one of these political
orators read line OF law or cite a
single decision from any court in
this or any other state holding that
the action OF Smith under the facts
presented to him at the time was
wrong. The enemies of Smith knew
and the enemies OF Bailey know to-
day, that under the facts as they
appeared to Attorney General Smith
at the time, under the affidavit of II.
Clay Pierce, and under the laws OF
Texas, he did no more nor less than
4.