2^ 
 
HAILEV-PIERCE NEW YORK "CHOP HOUSE." 
 
 
 THK WALUOKF ASTORIA, XIAV YORK, 
 
 Where I'ierce mainl.Tins suite of einlil rooms and entertains 
 Bailey while in New York. 
 
The Bailey Controversy in Texas 
 
 WITH LESSONS FROM 
 
 The Political Life-Story of a Fallen Idol 
 
 IN TWO VOLUMES 
 
 BY 
 
 WILLIAM A. COCKE 
 
 OF 
 SAN ANTONIO, TEXAS 
 
 VOLUME II 
 
 Woe unto yon, scribes and Pharisees, hypocrites/ Ye make clean the outside of the cup 
 and of the platter, but within they are full of extortion and excess. Ye are like unto whited 
 sepulchres, which indeed appear beautiful outward, but are within full of dead men's bones, 
 and all uncleanness; ye outwardly appear righteous unto men, but within ye are full of hypocrisy 
 and iniquity. — The Scriptures. 
 
 Was the following written of Buckingham or a forecast of Bailey? 
 
 * * * It grieves many. 
 The gentleman is learned and a most rare speaker. 
 To nature none more bound: his training such 
 That he may furnish and instruct great teachers. 
 And never seek for aid out of himself; yet see. 
 When these so noble benefits shall prove 
 Not well disposed, the mind growing once corrupt. 
 They turn to vicious forms, ten times more ugly 
 Than ever they were fair. This man so complete. 
 Who was enroll'd 'mongst wonders, and when we 
 Almost with ravish'd listening, could not find 
 His hour of speech a minute, — he. my lady, 
 Hath into monstrous habits put the graces 
 That once were his, and is become as black 
 As if besmear'd in hell. 
 
 — Shakespeare, in Henry VIII. 
 
 THE COCKE COMPANY, Publishers 
 
 SAN ANTONIO, TEXAS 
 
 A. D. 1908 
 
JUL 27 li'Ua 
 
 ASt. o^ XXc. 
 POKY b. 
 
The Political LJfc-Story of a Fallen Idol 503 
 
 CHAPTER XXI. 
 BAILEY IN THE ROLE OF A STANDARD OIL BARON. 
 
 BAILEY AND PIERCE FREEZE OUT THE SOUTHWESTERN OIL COMPANY. 
 
 The Witness J. D.Johnson (pp. 1 17-120) continuing: 
 
 Q. Do you know from Mr. Pierce of any other loans he made 
 Senator Bailey? 
 
 A. Yes, 1 know something of the loan for $1 56,000, that he made 
 him or procured for him. I know the nature and purpose of that 
 transaction; it had to do with the Southwestern Oil Company at 
 Houston. I know something in a general way about it as an inde- 
 pendent Oil Company being run here in Texas. 
 
 I would rather not answer your question with reference to the 
 $156,000, being used to purchase the outstanding obligations of the 
 Southwestern Oil Company; this on Mr. Pierce's account. He was 
 interested in that transaction, and it comes to me professionally. Not 
 that there was anything wrong or discreditable about it to either Mr. 
 Pierce or Mr. Bailey, or anything irregular— nothing in the slight- 
 est — but it involves matters of confidence that I have no right to di- 
 vulge, coming to me professionally. 
 
 BAILEY REPRESENTS PIERCE. 
 
 I know that Mr. Bailey represented Mr. Pierce in connection with 
 that matter, and it had something to do with that. No, I do not know 
 what was done with securities that were bought up with that $156,000 
 loan or obligation. I was very glad to get that off my mind, and I 
 paid no attention to it after the arrangement was made with Mr. 
 Bailey. Yes, I know after Mr. Bailey secured the loan that a suit 
 was instituted at Houston to foreclose on the obligation. Mr. Bailey 
 did not appear as the attorney for Mr. Pierce. I do not think Mr. 
 Pierce was a party to the proceeding at all; did not appear in it. 
 [The whole scheme of eliminating the Southwestern Oil Company as 
 a competitor of the Waters-Pierce Oil Company, was conducted in 
 Bailey's name.] 
 
 I think I saw a copy of the Decree in the case. I think it was in 
 Mr. Bailey's name. I know from Mr. Pierce that there was a settle- 
 ment that was entirely satisfactory between him and Mr. Bailey, as a 
 result of that deal. 
 
 I think the Southwestern Oil Company finally passed into the 
 hands of St. Louis parties — a syndicate connected with the St. Louis 
 Union Trust Company. 
 
 Senator Bailey had never had anything to do with the South- 
 western Oil Company prior to the $156,000 loan, that I know of. 
 
504 Senator J. IV. Bailey of Texas Unmasked 
 
 TALIAFERRO, A WATERS-PIERCE OIL COMPANY MAN, BECOMES MANAGER 
 OF SOUTHWESTERN OIL COMPANY, UNDER BAILEY. 
 
 The Witness Continued: 
 
 I know the Mr. Taliaferro that used to be with the Waters-Pierce 
 Oil Company. I used to have his brother of Taliaferro & Wilson at- 
 tend to law business at Houston for the Waters-Pierce Oil Company. 
 
 I understand, after Mr. Bailey secured control, that Mr. Talia- 
 ferro, who was at one time in charge of the cotton-seed oil depart- 
 ment of the Waters-Pierce Oil Company, at Houston, took control 
 of the Southwestern Oil Company. He resigned from the Waters- 
 Pierce Oil Company and became the manager, I believe, of the South- 
 western Oil Company. So far as I know, no one else put any money 
 into this transaction except the $i i;6,ooo referred to. I do not know 
 really how the matter was wound up, except that I understood it had 
 been all closed out and settled, so far as Mr. Bailey and Mr. Pierce 
 were concerned. 
 
 [After examination of Mr. Johnson at this point. Senator Bailey 
 could not stand the pressure longer and relieved himself by saying, 
 "I am going to object to that, because I have sat by and heard Mr. 
 Johnson detail a transaction that he is wholly mistaken about — is ab- 
 solutely a mistake from beginning to end — and for that reason I do 
 not believe I want any more of that kind put in the record." The 
 trouble was that J. D. Johnson knew and was telling too much to suit 
 this Standard Oil Senator. The only mistake that J. D. Johnson 
 made in his testimony was this: He confused the $156,000 Bailey- 
 Pierce Kirby Lumber Company stock jobbing "loan" with the $153,- 
 000 Bailey-Pierce S. W. Oil Company stock jobbing "loan." If 
 Johnson had used $1 ';3,ooo instead of $1 156,000 in his testimony about 
 the way Pierce and Bailey got rid of the S. W. Oil Co. as a competitor 
 of the W.-P. Oil Co., Bailey could have offered no objection to his 
 testimony.] 
 
 BAILEY BECOMES AN OIL BARON. 
 
 The Witness J. W. Bailey (continuing Com. Rept, p. 886) — 
 During my negotiations or during my attorneyship for the Kirby 
 Lumber Company we were approaching one of those semi-annual 
 stumpage payments, and at that time the Kirby Lumber Company was 
 always hard up when it came time to make one of these payments. 
 We were casting about to find money — Mr. Kirby was, of course. He 
 was looking after the financial part of it. And he was telling me of 
 the money that the Houston Oil Company owed them, and he wanted 
 to know if, under the stumpage contract, I could not force the Mary- 
 land Trust Company, which was the trustee of these stumpage con- 
 tracts— stumpage payments were made and then they disbursed them 
 among the certificate holders, and if any residue was left, to the stock- 
 holders, and he wanted to know if we could not force the Maryland 
 Trust Company to accept the indebtedness which the Kirby Lumber 
 Company held against the Houston Oil Company. After investi- 
 
The Political Life-Story of a Fallen Idol 505 
 
 gating it, I doubted it, but I discussed with the Houston Oil people 
 if they could not get up the money or some part of it, but they had no 
 way of doing it; they had no available resources, and what they had 
 had been pledged, and in this discussion I found that the Southwestern 
 Oil Company owed the Houston Oil Company a large sum of money, 
 which the Houston Oil Co. had advanced to it to complete its refin- 
 ery, or probably to construct it, I am not sure — anyway, for its refin- 
 ery, and also to establish stations at different places in the State, and 
 that indebtedness amounted, as I remember now, to about $152,921 
 and some odd cents. I said to Mr. Kirby and these other gentlemen 
 that if the Houston Oil Company would take the note of the South- 
 western Oil Company, including in it all advances which they had 
 made in money and including in it also everything which the South- 
 western Oil Company owed the Houston Oil Company for oil which 
 the Southwestern Oil Company was then buying from the Houston 
 Oil Company, which oil was produced at the Corsicana field, that I 
 thought I could use that note, and that I could raise them the ?72oney 
 on It — at any rate, that I would undertake it. After some negotia- 
 tions the Houston Oil Co., did take the note of the Southwestern Oil 
 Company for this $152,921 and some odd cents, and the Houston Oil 
 Company endorsed that note and delivered it to me, I understood, to 
 raise the money on it. I used a part of the money that I had received 
 in this transaction with Calhoun and the balance of that money, some 
 $60,000, I got from, as I remember now, from the Riggs National 
 Bank. I probably did not get it all there, but I think I did and I 
 used that to complete the full payment to the Maryland Trust Com- 
 pany on the stumpage contract. I remember that we used in that — 
 some money was needed for other current and pressing demands, but 
 still I wanted time to place this $152,000 note, and I did not get all the 
 money on it for some little time. [It would have been interesting to 
 have secured Pierce's testimony as to what connection he had with this 
 $153,000 note by which Bailey bought up the Southwestern Oil 
 Company, athen competitor of the Waters-Pierce Oil Company. 
 Johnson testified that Bailey and Pierce were in the deal together and 
 that it was adjusted to Pierce's entire satisfaction.'] I remember the 
 last payment I made on it, Mr. Kirby either wrote or telegraphed me 
 — I was then in Washington — that they needed the balance which 
 was due them on that note. I telegraphed him to draw on me for it, 
 and paid that draft either at the West End National Bank or at the 
 Citizens' National Bank, and the reason that I can not tell which it 
 was, the West End National Bank either before that time or after that 
 time consolidated with the Citizens' National Bank, and I got part of 
 the money — I borrowed part of the money there to pay this $31,000. 
 I carried that note — all above what I had myself — I carried it at 
 Riggs National Bank from that time until Mr. Shepley and his asso- 
 ciates paid me back my money, and when they paid me back my 
 money it was paid to the Riggs National Bank, which held the stock 
 at that time and held the note of the Southwestern Oil Company. This 
 
506 Senator J. W. Bailey of Texas Unmasked 
 
 note matured— I don't remember exactly what was the time for 
 which the note was originally made, but it matured and they could not 
 pay it. 1 then extended it for them and required them to give me the 
 accumulated interest and the two thousand and some odd dollars 
 above the $150,000, and I took a new note for $150,000. That new 
 note I made them secure by a mortgage on the physical property of 
 the Southwestern Oil Company. You understand here that the 
 Houston Oil Company owned the Southwestern Oil Company— that 
 is, owned its stock, but preserved the separate corporate entity, and I 
 still took, I think, the note of the Houston Oil Company— I mean the 
 note of the Southwestern Oil Company endorsed by the Houston Oil 
 Company, and required them to secure it by a mort^a^e on the physi- 
 cal property of the Southwestern Oil Company. That note matured 
 and still they were not able to pay it. I had suit instituted in the 
 courts of Harris county and foreclosed. * * * 
 
 I then proceeded to sell, as under the note I had the right to do, the 
 stock and 1 bought it in for $50,000 and that left a balance of some- 
 thing like $110,000 due me. I was then the absolute owner of the 
 Houston — of the Southwestern Oil Company — I held its stock, and I 
 had a balance due me of more than $100,000. I said to these people, 
 "Now, 1 have no desire to speculate upon your misfortune and I only 
 want my money and if within a reasonable time you will get up this 
 money and pay me my debt, with interest, I will give you back your 
 stock and assign to you or cancel the balance that I hold against you." 
 They said they would do it and I kept the stock. I did not like the 
 management of the Houston Oil Company down there; the fact of it 
 is they were all Houston Oil Company men in the Southwestern Oil 
 Company office and when I had gone down there once and tried to get 
 possession — 
 
 Q. You said you did not like the management of the Houston Oil 
 Company? 
 
 A. I mean the Southwestern Oil Company. 
 
 Q. Yes, sir. 
 
 A. When I went down there to get possession under my mortgage 
 of the physical property they refused to give it to me. [He did not 
 "like the tnanai^ement of the Southwestern Oil Company" so he pro- 
 ceeded, according to the testimony of Frank Andrews, to put Mr. 
 Taliaferro, a If'aters-Pierce Oil Company man, in charge of the 
 Southwestern Oil Company.] The note stipulated that I would have 
 the right to take possession and that they must deliver it to me, but they 
 refused to give it to me and we had to bring suit. And I determined, 
 of course, to dismiss them, or a part of them at any rate, and I con- 
 ferred with Mr. Andrews — Mr. Frank Andrev\'s and he suggested 
 Mr. Taliaferro — ^^r. Taliaferro was then in the employ of the 
 fTatcrs-Pierre Oil Company. Mr. Taliaferro was a resident of 
 Houston and knew that country and knew the people, and so I told 
 Mr. Andrews that would be satisfactory to me if Ave could get him. 
 Mr. Andrews opened the negotiations with him and concluded them, 
 
The Political Life-Story of a Fallen Idol 507 
 
 and finally, by giving Mr. Taliaferro a considerable increase in his 
 salary he induced him to take the presidency of the Southwestern Oil 
 Company and he then reorganized the board of directors and he put 
 some other young men there, maybe the young man in his office on 
 there, and then Mr. Taliaferro and Mr. Andrews and this young man 
 gave him control of the board of directors. [Thus we find a United 
 States Senator the absolute owner of the only, then, active competitor 
 of the Waters-Pierce Oil Company, with a State Democratic Execu- 
 tive Chairman as the managing director of the corporation.^ 
 
 MR. FRANK ANDREWS, EX-TEXAS STATE DEMOCRATIC CHAIRMAN TINK- 
 ERS WITH bailey's OIL BUSINESS. 
 
 MR. FRANK ANDREWS 
 
 was called as a witness for Bailey and examined by Mr. Odell. His 
 testimony will be found pp. 555-562, Bailey Investigation Committee 
 Report, 1907. 
 
 The witness Andrews: I reside in Houston and am a member of 
 the law firm of Andrews, Ball & Streetman. I did represent Senator 
 Bailey in a suit filed in the District Court of Harris county against 
 the Southwestern Oil Company. I think it was about September, 
 1903, and I secured judgment in October of the same year. It was a 
 suit on a note, I think, for $1 ^6,000, which was secured by a pledge of 
 the stock of the Southwestern Oil Company. I am not certain whether 
 it was endorsed by the Houston Oil Company but the Houston Oil 
 Company had the pledge of the stock of the Southwestern Oil Com- 
 pany to secure the payment of the note. 
 
 BAILEY DISMISSES SUIT AND AFTERWARDS BUYS IN HIS COLLATERAL 
 WORTH $300,000 TO $400,000 FOR $50,000. 
 
 The next move in the case was an instruction from Senator Bailey 
 to release the judgment of record, but at the time I was advised that 
 an arrangement had been made which in effect amounted to an exten- 
 sion. If my recollection serves me right, the stock of the Southwest- 
 ern Oil Company was put up on that proposition with power to sell, 
 on a note of very early maturity, and subsequently the stock was sold 
 under the note. It must have been the last days of November, or in 
 December. [This was the time that the witness Clem testified that 
 H. C. Pierce's son. Clay Arthur Pierce and a Mr. Ackard of the Wa- 
 ters-Pierce Oil Company came down from St. Louis and ordered 
 Clem to close up the Eagle Refining Company, which he had been 
 running for 10 years as a "blind tiger" to the JFaters-Pierce Oil Com- 
 pany, and put E. M. Taliaferro, a Waters-Pierce Oil Company man, 
 in charge of the S. W. Oil Co., and forthwith the price of oil was 
 advanced from 12 to 16 cents and later to 23 cents. The Southwest- 
 ern Oil Company was the only active competitor of the Waters- 
 Pierce Oil Company.] 
 
 After that I was advised that Senator Bailey had become the pur- 
 chaser of it, and we were asked to look after what was necessary for 
 
508 Senator J. IV. Bailey of Texas Unmasked 
 
 what was ordinarily termed a "reorganization," which in mercantile 
 parlance means to take charge of the business. [This is a significant 
 definition of reorganization and means, we may well suppose, 
 that in the "reorganization" of the Waters-Pierce Oil Company, in 
 1900, Pierce took "charge of the business" and then handed 68 3/4 per 
 cent of the stock back to the Standard Oil Company. Andrews and 
 Bailey may have gotten their cue from H. Clay Pierce.] 
 
 I employed a man to take the presidency of the Company, and act 
 as president and general manager. / employed E. M. Taliaferro, 
 connected at that time with the IVaters-Pierce Oil Company, and he 
 had been for some years. Then Mr. Taliaferro arranged the other 
 employes, but he consulted with me in regard to every step he took in 
 regard to the reorganization of it. He was a very intimate friend of 
 mine. He was a man of my own selection but Senator Bailey knew 
 it was in contemplation and he consented to it. [What soft speech! 
 gentle, soothing words. "Contemplation" and "consent." Do you 
 suppose that "iMy dear Pierce" also knew that Mr. Taliaferro was 
 "in contemplation and consented to it?"] 
 
 He consulted me about everything that may be termed "the pol- 
 icy" of the Company. Mr. Taliaferro operated the Company 
 twelve or thirteen months, when it was bought by some St. Louis 
 parties, I think in February, 1905. The people who were stock- 
 holders in the Houston Oil Company bought it — Colonel Fordyce 
 and Mr. Shapley of St. Louis. [John H. Kirby testified that the 
 Houston Oil Company passed into the hands of "new people" and 
 that there was a strange activity in New York in the stock of the 
 Houston Oil Company. The author has been unable to discover 
 who these "new people" are but he feels confident that they are in- 
 terests friendly to Waters-Pierce and Standard Oil.] 
 
 THE SOUTHWESTERN OIL COMPANY WORTH $300,000 TO $400,000. 
 
 The Witness Andrews (Continuing) : 
 
 I think the Southwestern Oil Company, at the time Mr. Bailey 
 took over its stock was estimated on an inventory that was shown me, 
 and which 1 examined a good many times as to the general posses- 
 sions of the Company, at something in the nelirhborhood of $J00,000. 
 That was the physical properties; its intangible assets were never es- 
 cstimated. 
 
 (J. \\'ell, was not the entire stock of the Southwestern Oil Com- 
 pany sold for $50,000, after it was pledged to Senator Bailey? 
 
 A. That was my information. Aly information was that Sen- 
 ator Bailey became the purchaser of it. [for $50,000]; that is the 
 way he came to own it, through his ownership and reorganization of 
 it. 
 
 B.'M LEV-PIERCE $156,000 DEAL. 
 
 Examination continued by Mr. Cocke: 
 
 Q. Do you know where Mr. Bailey got his money to pay for that 
 note? 
 
The Political Life-Story of a fallen Idol 509 
 
 A. I haven't any idea in the world ; that is a personal matter, who 
 he got it from, but I know that he got it honestly. 
 
 Q. You don't know whether Mr. Pierce furnished the money 
 to buy the note or not, do you ? 
 
 A. I did not ask him ; I knew that it was honest money and I did 
 not ask him. 
 
 Q. You don't know whether it was IFaters-Pierce Oil Company 
 money, do you? 
 
 A. I know to all intents and purposes he owned it; I did not see 
 him get it. 
 
 Q. If you don't know and never asked him, how are you entitled 
 to an opinion? 
 
 A. You asked me for my opinion and I gave it to you; if you 
 don't think it is worth anything, don't accept it. 
 
 Q. You say that you don't know where he got the money, but 
 you only know that it is honest money, and I asked you if it was Wa- 
 ters-Pierce Oil Company money. 
 
 A. And I told you to all intents and purposes it was not. 
 
 Q. Well was it Mr. Pierce's money, personally? 
 
 A. I don't know. 
 
 Q. Do you know whether or not Mr. Pierce indorsed the em- 
 ployment of Mr. Taliaferro as manager of the Company during the 
 years he had it? 
 
 A. Yes, sir. 
 
 Q. You don't know what passed between Mr. Bailey and Mr. 
 Pierce? 
 
 A. I had no means on earth of knowing. 
 
 Yes, sir; there is another Taliaferro living in Houston, a brother 
 to Mr. E. N. Taliaferro. He is a lawyer — has been and possibly is 
 yet local attorney for the JVaters-Pierce Oil Company. 
 
 Q. Do you know what relation exists, if any, between these St. 
 Louis parties who bought the stock of the Southwestern Oil Company 
 and the Waters-Pierce Oil Company, on this occasion? 
 
 A. I have never asked either one of them. 
 
 Q. As I understand you then, finally, Mr. Andrews, you present 
 us with the proposition that Mr. Bailey disposed of a proposition 
 worth $300,000 for about $200,000? 
 
 A. No, I didn't put it that way; I said that my recollection was 
 that the invoice showed the physical value of the property to be about 
 $300,000 and that Mr. Bailey disposed of it for the payment of his 
 debt, which at that time, with the accumulations, was less than $200,- 
 000. 
 
 BANKER WILLIAMS ADDS SOME LINKS. 
 
 MR. A. L. WILLIAMS 
 
 was called, February 4th, and testified (Bailey Invest. Com. Report, 
 1907, PP- 537-538), as follows: 
 
 Have lived in Beaumont five years; am president of the Gulf Na- 
 
510 Soiator J. IV. Bailey of Texas Unmasked 
 
 tional Bank. I know the Security Oil Company at Beaumont, 
 where it has a refinery. It does business with our bank. I know 
 nothing about their relations to the Waters-Pierce Oil Co. 
 
 Q. Do you know anything about the transactions and connec- 
 tions or communications passing through the bank between it and the 
 Standard Oil Company? 
 
 A. I don't believe I could answer questions of that kind in re- 
 gard to my customers' account. 
 
 They occasionally sold oil to the Standard; that is all the know- 
 ledge I have of it. 
 
 KNOWS S. G. BAYNE. 
 
 I know S. G. Bayne, of New York. He has stock in our bank. I 
 know nothing more of his relations to the Standard Oil Company 
 than friendly relations between himself and Dan O'Daly and Joseph 
 Seay; I have heard him mention those two gentlemen as old friends 
 of his in Pennsylvania days — the oil fields of Pensylvania — they were 
 friends and that friendship was maintained. / think O'Day was 
 supposed to be in charge of the pipe lines of the Standard Oil Com- 
 pany. His office is at 26 Broadway. He has stock in our bank or did 
 have; he is deceased. 
 
 Yes, sir; Joseph Seay has stock in our bank and his address is Oil 
 City, Pa. Mr. Bayne's bank is in New York City, at 18 Broadway. 
 
 HAS SEEN BAILEY IN NEW YORK. 
 
 I have met Senator Bailey in New York once or twice; one time 
 that I am sure about was at lunch time, at the Lawyer's Club. I have 
 seen him at the Waldorf-Astoria. [The Gulf National Bank at Beau- 
 mont, like the Security Oil Company of Beaumont, which Bailey or- 
 ganized, is supposed to be a Standard Oil Institution, and while the 
 above testimony is of a negative character the links between Bailey, 
 Bayne, Dan O'Day, and Joseph Seay and the witness Williams, and 
 the Security Oil Company, Gulf National Bank and Standard Oil 
 Company, are very significant.] 
 
 BAILEY AND PIERCE BUY STANDARD OIL COMPANY AND OIL ADVANCES 
 FROM 10 TO 23 CENTS PER GALLON. 
 
 Mr. A. W. Clem, an independent oil dealer of Dallas, gives tes- 
 timony concerning the Waters-iPerce Oil Company and "blind tiger" 
 Oil Companies run as an adjunct of the Trust. This was true of the 
 Eagle Refining Company and was probably true of the Southwestern 
 Oil Company, after Bailey bought it. Mr. Clem's testimony will be 
 found (Bailey Invest. Com. Report, 1907, pp. 538-553) and boiled 
 down is as follows: 
 
 THE E.AGLE REFINING COMPANY— A "BLIND TIGER." 
 The witness, Clem: 
 
 I was manager of the Eagle Refining Company. That was an in- 
 dependent corporation of Cleveland, Ohio, doing business in 
 
The Political Life-Story of a Fallen Idol 511 
 
 Texas — wholesale oil business. It continued an independent con- 
 cern until October, 1894, when the Waters-Pierce Oil Company- 
 bought it out. I kept my position and carried the business right on in 
 the name of the Eagle Refining Company but they owned it and I fol- 
 lowed their instructions, you know. 1 reported to Mr. J. P. Gruet, 
 of St. Louis, Secretary of the Waters-Pierce Oil Company, after they 
 bought it, I was not a competitor of theirs, of course, because they 
 owned it, and I had instructions to sit there and do nothing — that ts to 
 keep the doors open. Up to the time they bought it, I was a very ac- 
 tive competitor of theirs. They wanted their people to sell the oil, 
 and I understood it if they had any outside customers, the people who 
 wanted to buy oil from me and they came there, to let them have it. 
 You know the Waters-Pierce Oil Company had quite a lot of enemies 
 among the merchants, and the Waters-Pierce was very accommodat- 
 ing, I suppose, and wanted to please all of them and if they would not 
 buy from them they would send them to the Eagle to buy — let them 
 come over to the Eagle and buy. 
 
 / sent a daily sales report to Mr. Gruet at St. Louis, that continued 
 up until January 1st, igo^. That is what the independent oil men 
 call "blind tigers." 
 
 EAGLE REFINING COMPANY IS CLOSED OUT AT THE TIME BAILEY AND 
 PIERCE BOUGHT SOUTHWESTERN. 
 
 I had orders to close it up on January i, 1904. Mr. Ackard, gen- 
 eral manager of the Waters-Pierce Oil Company and Mr. Clay Ar- 
 thur Pierce, I think it was, were together; they came to Dallas on their 
 way from Houston somewhere about the first of October, 1903. They 
 'phoned me to come up to the general office of the Waters-Pierce Oil 
 Company and Ackard told me that they had decided to close up the 
 Eagle Refining Company — he said, "You go to work and wind it up 
 preparatory to quitting business the first of January," which I did. 
 Then it was the Eagle Refining Company was discontinued alto- 
 gether. 
 
 I don't know much about the Southwestern Oil Company part; 
 / know they were a very active competitor of the ff'aters-Pierce Oil 
 Company from about IQOO up to about that time — up to the time the 
 Eagle closed, and after that I know their competition was something 
 like the Eagle's competition, that is, they became very quiet — not ac- 
 tive, you know. 
 
 WOLFE AND STONE IN ERUPTION. 
 
 Mr. Cocke: Have you reason to believe — if so, state your rea- 
 sons, that the Waters-Pierce Oil Company substituted the South- 
 western Oil Company as a blind tiger, simultaneously with the elimi- 
 nation of the Eagle Oil Company? 
 
 Mr. Wolfe : I don't see what that has to do with the case. 
 
 Mr. Chairman: He can state what he knows about it; if he 
 knows any facts ; he can not give his opinion. 
 
 A. What is the question? 
 
512 Senator J. IV. Bailey of Texas Unmasked 
 
 (Question read.) ... 
 
 Mr Stone : That calls for a conclusion ; let him state the facts. 
 Mr. Chairman: Don't give a conclusion; state any facts you 
 
 know. . 
 
 Mr. Wolfe : State the facts and we will do the concluding. 
 
 A. ^^'hy, of course ; I had an idea — 
 
 Mr. Chairman: State what you know. 
 
 A. Really, I don't know anything about it; that is, to tell you the 
 facts about it; of course, I have reasons to believe — 
 
 Mr. Cocke: If the Committee want to hear it, we would like to 
 know what your reasons are. 
 
 A. There has been a change occurring between the company; 
 something like there was when they bought the Eagle out, and I had 
 reasons to believe that because the Southwestern Oil Company was 
 reorganized and Mr. Taliaferro resigned his position with the Wa- 
 ters-Pierce Oil Company to accept the presidency of the South- 
 western Oil Company. 'Mr. Taliaferro had been in the employ of 
 the Waters-Pierce Oil Company in Houston for a number of years, 
 and he resigned his position with the Waters-Pierce Oil Company to 
 accept the presidency of the Southwestern Oil Company; that was in 
 the spring, the early part of 1904, I believe it was, and then the com- 
 petition which seemed to cease between the Southwestern Oil Com- 
 pany and the Waters-Pierce Oil Company about that time, was an- 
 other one of my reasons to believe that there had been some change 
 made. 
 
 Q. Well, is that about the time Mr. Bailey went down to Hous- 
 ton and instituted his suit down there? 
 
 A. It was prior — it was following that sometime; I think the 
 suit, perhaps, if I remember, was filed maybe in October, somewhere 
 along there; I was ordered to close up the Eagle, and it was maybe 
 after the ist of January that Mr. Taliaferro was taken over from 
 the Waters-Pierce Oil Company and put in as president of the South- 
 western Oil Company, and their agent there at Dallas, I think Mr. 
 
 , an>^vay, he was a Waters-Pierce Oil Company ex-employe, 
 
 which was another reason that I would have to believe that they 
 were more closely identified than they had been prior to that time — 
 Mr. Angus, I believe — 
 
 "Yes, sir; he was then agent at Dallas, and about that time, — I 
 don't remember exactly how long it was after that, that he became 
 the agent there; anyway, he was the Waters-Pierce Oil Company's 
 agent at Palestine, and if I remember, he either quit them or sent 
 his resignation in at Palestine and came up to Dallas and took the 
 agency there for the Southwestern Oil Company. Mr. Angus' 
 father, I think, was also agent for the Waters-Pierce Oil Company at 
 Corsicana; in fact, there are two or three of the Anguses and I think 
 they are all Waters-Pierce men. 
 
 Q. Did Mr. Pierce, Sr., and Mr. Pierce, Jr., or either of them 
 make a trip to Houston along about the same time, in connection with 
 this business? 
 
The Political Life-Story of a Fallen Idol 513 
 
 A. I don't know anything about their making a trip in connec- 
 tion with that business. I know Mr. Ackard made a trip down there 
 about the 7th of January — to Houston; he told me he had some 
 business there ; I think he made two or three trips down there perhaps, 
 because I met him at the union depot coming from St. Louis one 
 Sunday morning and had a talk with him, and he took the H. & T. C. 
 and went to Houston ; I think that was somewhere — I don't remember 
 dates very well — I think it somewhere about the ist of January, 1904; 
 I know of his making two trips down there, because I had a conversa- 
 tion with him both times, either returning or going. 
 
 Q. Did he tell you he was going down on that business? 
 
 A. He did not tell me what business he was going on; he said 
 he was going to Houston on business; of course, he did not tell me 
 what the business was. 
 
 Q. What has become of the Southwestern now? Did they con- 
 tinue to run the Southwestern pretty much as you had the Eagle? 
 
 A. Well, I suppose the Southwestern — if they in any way con- 
 nected with the Waters-Pierce Oil Company — they were keeping 
 their office up, yes, sir; of course, the employes of the Waters-Pierce 
 Oil Company at Dallas, perhaps, would not know of any relation 
 that might exist between the Waters-Pierce and Southwestern, but I 
 had run the Eagle some two or three years before even the agent at 
 Dallas knew anything about the Eagle and the Waters-Pierce Oil 
 Company; they knew that competition had ceased to exist, that is, 
 that they were getting the oil advance, you know — they knew of 
 the advance in oil, but no one, I don't suppose, in the State of Texas, 
 knew of the relation between the Waters-Pierce Oil Company and 
 the Eagle Refining Company, until in 1896, when the trial came up 
 in Waco and I was put on the stand and gave my evidence; not even 
 the Waters-Pierce Oil Company's agent at Dallas knew it. 
 
 Q. When did you give your testimony there? 
 
 A. I think it was 1896 that I testified in Waco trial. They 
 bought out the Eagle Refining Company — to show you how these 
 things can be kepi a secret — nobody but the head men knew these 
 facts, that they had bought the Eagle Refining Company out in 1894 
 and it was carried on — and all competition really ceased between 
 the Eagle Refining Company and the Waters-Pierce Oil Company 
 at that time, but there was not a man in the State of Texas that I 
 know of that knew anything about the Waters-Pierce Oil Co., own- 
 ing the Eagle; now, Air. Pierce and Mr. Finlay and myself were the 
 only men in the State of Texas that knew of it when the Waco trial 
 came up here in 1896, the year I gave my evidence in that case, and 
 I know it was then that the Waters-Pierce Oil Company's agents 
 learned for the first time the exact conditions that existed between 
 the Waters-Pierce Oil Company and the Eagle, and that was two 
 years ago. 
 
 Q. Would the fact that they ceased to become active competi- 
 tors, as they had been and would the fact that the Pierces had been 
 
514 Soiator J. W. Bailey of Texas Unmasked 
 
 down at Houston with reference to that suit by Mr. Bailey and would 
 the fact that the Eagle's business was closed out entirely lead you 
 to conclude that the Southwestern became an ally of the Waters- 
 Pierce Oil Company? 
 
 Mr. Stone: I think the facts would be better than a conclusion. 
 
 The Chairman: 1 think so. 
 
 Mr. Cocke: The gentleman is an oil man. 
 
 The Chairman: He can state any facts he knows, but I don't 
 care for any conclusions and I don't suppose the Committee does. 
 
 By Mr. "Cocke: 
 
 Q. Are you an expert in these matters, Mr. Clem? Been en- 
 gaged in that for a long time? 
 
 A. In the oil business? 
 
 Q. Yes, sir. 
 
 A. I have been in the oil business since 1889. 
 
 Q. If the Committee does not care for the benefit of your opin- 
 ion — tell us, if you know, what has become of the Southwestern Oil 
 Company's business now? 
 
 A. Well, in Dallas — and I think it is pretty much that way all 
 over the State, so far as I have been able to learn, they began to 
 liquidate some time about the first of October or the middle of Sep- 
 tember. 
 
 Q. Last year? 
 
 A. Of last year, yes, sir ; they sold out their stock, I understand, in 
 Dallas; their plant is still there and they have a man in charge of the 
 plant, but he is not doing anything. 
 
 Q. Who did they sell it to, do you know? 
 
 A. They sold out their oil — their stock, I mean their refined oil 
 — not their warehouses and appurtenances, they have not them; they 
 are still there yet, but they are letting the stock run down, selling out 
 the stock of refined oil, and they are not making any other. 
 
 Mr. Cocke: Well, if the Eagle Oil Company has been absorbed 
 and driven out of business and if the Southwestern Oil Company has 
 been absorbed and ceased to do business, does it remain true that 
 two active competitors of the Waters-Pierce Company have been 
 eliminated from this field? 
 
 A. Yes, sir. 
 
 BAILEY & COMP.WY ADVANCE OIL FOR TEXAS PEOPLE FROM I2C TO 23c 
 PER GALLON. 
 
 How did you do business? Cut under or sell at the same price? 
 
 A. Sold at the same price, yes, sir. 
 
 Q. When you spoke of the Southwestern about a certain time 
 ceasing to compete actively in the field for trade, in what sense did 
 you use the term — with reference to the sense in which you used it 
 with reference to the Eagle or some different sense? 
 
 A. Well, I used it in the same sense. 
 
 Q. Well, now, after the Eagle went out and the Southwestern 
 
The Political Life-Story of a Fallen Idol 515 
 
 came in, about the time when you suppose that these officers, formerly 
 of the Waters-Pierce Oil Company? Did it go up or go down? 
 
 A. Of course, I have not got it right exact — but I am sure — 
 
 Q. As near as you can get it. 
 
 A. I am quite sure the price advanced — I think it was about 12 
 cents in October for Eupion oil and about the time I was ordered 
 to close up the Eagle, in January, I know it was 15 cents — / remem- 
 ber that very distinctly in Dallas. 
 
 Q. The January following? 
 
 A. The January following, yes, sir — say sixty days or three 
 months. 
 
 Q. It went up how much? 
 
 A. About four cents a gallon. 
 
 Q. It went up when the Eagle ceased to twelve cents, is that it? 
 
 A. No, when the Eagle ceased — now, when the Eagle ceased, oil, 
 Pennsylvania, went from 9>4 — water white, up to 23 cents, in five or 
 six months, perhaps when, — that is, when the Eagle ceased there was 
 an advance in oil from 12 cents to 16 cents in Dallas, and then I 
 think the country price went up somewhere about 23 cents; I know 
 it got so high I concluded I would go in business for myself, and 
 so I organized an independent company and went out against them, 
 and that is how came me in the oil business, the price got so high the 
 second time — one of the reasons. I know the competition of the 
 companies ceased and they did not do business like they started in; 
 they were very active competitors of the Waters-Pierce Oil Com- 
 pany when they first started. 
 
 Q. You say the price of oil advanced in 1894 when the Waters- 
 Pierce Oil Company acquired the Eagle Refining Company from 9 
 cents — or did you say from 12 cents, to 23 cents a gallon at that time? 
 
 A. I think it advanced from somewhere about 10 cents up to 
 23 cents before it ever had any reaction much. 
 
 When I quit the Waters-Pierce Oil Company, Eupion oil was 
 selling at 16 cents in Dallas, and I figured out that I could go into 
 business and make money on oil at 16 cents. 
 
 Q. All right. 
 
 A. But since I went into business — I found that when I had oil 
 to offer there was a cut of 2 cents a gallon, being governed by a kind 
 of rebate business or something like that. 
 
 Q. By whom? 
 
 A. By the Waters-Pierce Oil Company, and then finally they cut 
 down to 15 cents, I believe, straight and then cut it down to 14 cents, 
 and they kept cutting it down until they got Eupion oil to 10 cents a 
 gallon, three months after I went into business. 
 
 Mr. Jenkins: Was there anything in the general conditions of 
 the oil market to cause oil to decline from 16 cents, at the time you 
 went into business, to 10 cents after you went into business? 
 
 A. No, sir; there was not, 
 
 11-2 
 
516 Senator J. IV. Bailey of Texas Unmasked 
 
 THE SOUTHWESTERN OIL COMPANY IS OUT OF OIL NOW AND NOi DOING 
 ANY BUSINESS. 
 
 TALIAFERRO, BAILEY'S MANAGER, A STANDARD OIL MAN. 
 
 By Mr. Cocke: 
 
 Q. Do you know how long this man Taliaferro had been with the 
 Waters-Pierce Oil Company before he went to the Southwestern Oil 
 Company? 
 
 A. I think he had been with them about six or seven years; he 
 was connected with a cotton seed oil establishment and was also car 
 accountant while I was running the Eagle, because I would report 
 the movement of our tank cars to E. N. Taliaferro. 
 
 METHODS OF EAGLE OIL COMPANY UNDER WATERS-PIERCE CO., 
 DOMINATION. 
 
 Q. Now, after the Waters-Pierce Oil Company acquired con- 
 trol of that company, where did you get your oil? 
 
 A. Well, it came from St. Louis ; we sent the orders direct to St. 
 Louis and it would be shipped from St. Louis to Dallas direct to the 
 Eagle Refining Company. 
 
 Q. To whom would you send the orders for your oil ? 
 
 A. I addressed my orders to Mr. A. M. Finlay, St. Louis. 
 
 Q. Who was Mr. A. M. Finlay at that time. 
 
 A. He was president, I think — or the vice president at least of 
 the Waters-Pierce Oil Company. 
 
 Q. Did the Waters-Pierce Oil Company have any agents or 
 auditors come down and look over your affairs and exercise — 
 
 A. The auditors came down, yes, sir, and checked us up. 
 
 Q. Did you see — did any of the Standard Oil Company auditors 
 have anything to do with your business at that time? 
 
 A. No, sir; I don't know how about that; I know the auditors 
 came down there but I don't know whether they were Standard Oil 
 or whose they were; of course, if there was any Standard business 
 with it, t/iey kept that a secret from me. 
 
 In 1900 and 1901 the oil that we used was purchased in Corsicana, 
 that is, the oil we sold was coming from Corsicana; after the refinery 
 was built in Corsicana our oil was all shipped from Corsicana to 
 Dallas. It was generally understood that the refinery at Corsicana 
 was not independent. I would send my orders to St. Louis, to A. M. 
 Finlay, and he would ship it from Corsicana in the name of A. Angus. 
 He was their agent there with the Waters-Pierce Oil Company at 
 Corsicana. 
 
 When the Waters-Pierce Oil Company was fighting the Eagle Re- 
 fining Company they would cut the life out of prices and refuse to 
 sell to a man unless he would sign a contract that he would buy from 
 them and everything like that, but, of course, that is a way back 
 yonder. They have been a great deal better towards competitors — 
 independent men have a good deal better show now than they used to 
 
The Political Life-Story of a Fallen Idol 517 
 
 have. [That is since the anti-trust laws of Texas have doubtless 
 scared the Oil Trust into less brazenness but no less profits]. 
 
 The current, public, general understanding in IQOO and IQOI was 
 that the IVaters-Pierce Oil Company and the Standard Oil Company 
 were one and the same thing; business circles understood that they 
 were part of the same thing; I know that was the general understand- 
 ing of all business men who kept up. 
 
 Mr. Odell: 
 
 Q. Do you mean to say that in 1904 the Southwestern Oil Com- 
 pany ceased to be an active competitor of the Waters-Pierce Oil Com- 
 pany? 
 
 A. Well, now, I don't say that they just quit right short of? ; I say, 
 though, that their business has been declining gradually ever since. 
 
 Q. Ever since 1904? 
 
 A. Yes, sir; until they finally just petered out, as I said, like the 
 Eagle petered out; you understand that word "petered out" just means 
 played out. The Eagle Refining Company, when it was converted 
 into a blind tiger had an establishment trade of 40,000 gallons of 
 oil a month; well, we would keep supplying that trade right along, 
 you know, but one w^ould drop ofif and go to the Waters-Pierce Oil 
 Company, and we made no effort to get them back and made no efifort 
 to keep the trade built up, and in the course of a year or so it had 
 fallen ofif to maybe 5,000 gallons, and when the Eagle was closed up 
 we were not sell over 6,000 gallons a month, when it was closed up; 
 now, I contend that the Southwestern in October, 1903, had a trade 
 worked up — a big trade, maybe, but it gradually kept growing less 
 and less all the time and dropping off one at a time, and the result 
 is that they kinder played out like the Eagle did. 
 
 A HARD ROAD FOR THE LNDEPENDENT DEALERS. 
 
 Q. That is, what obstacles are in the way of his doing business, 
 if there are any? 
 
 A. Well I will tell you ; I have been in the oil business here since 
 1889, and from 1889 to 1894 I had a hard time! I was up against the 
 hardest competition with the Waters-Pierce Oil Company that has 
 ever been in the United States, and, of course, I went blind then and 
 was blind for nine years. 
 
 Q. I would like to know, in order that we may understand all 
 this matter, what those difficulties were ; what made you have a hard 
 time? 
 
 A. Well, of course, when I first struck Texas — to go back to it 
 — when I first struck oil, I found lots of merchants who never heard 
 of any other oil except Waters-Pierce Oil Company's oil and they 
 didn't know anybody made any but them, and they were paying any- 
 where from 23 to 35 cents a gallon for it, and I would put in a car- 
 load in a town, and a merchant would take a car and bind me up to 
 not sell to anybody else; he says, "If you won't try to sell any body 
 else any more of this, I will take a car myself," and I would sell it at 
 16 cents a gallon in wooden barrels and ship it in here, and as soon 
 
518 Senator J. IV. Bailey of Texas Unmasked 
 
 as the car would arrive the Waters-Pierce Oil Company— they would 
 go to retailing oil and they would retail it at lo cents a gallon as long 
 as that man had a drop of oil in his house, and it would leak out; that 
 lias the kind of competition we were up against. 
 
 When 1 first opened up and started in the oil business [in 1904], 
 they commenced cutting the price in Dallas, and they cut it from 16 
 cents to 10 cents in three months, and that got down to what my best 
 oil cost me, and then 1 went to selling Beaumont dope, and they were 
 selling Beaumont dope, about the sorriest stufif we could get, so that it 
 was dangerous to burn oil in a lamp at Dallas. 
 
 BAILEY AND ALDRICH, THE TWO STANDARD OIL SENATORS, TOGETHER 
 AGAIN IN 1908. 
 
 The Philadelphia North American in a recent issue (March 
 1908) , contained the following scathing indictment of Senator Bailey, 
 Democrat, in league with Senator Aldrich, Republican, the now two 
 conspicuous Standard Oil United States Senators. Said editorial be- 
 ing as follows: 
 
 ALDRICH'S NEW ALLY. 
 
 (Philadelphia North American). 
 
 Texas is a big state and it breeds big men. For example, the acres 
 of Texas are not broader than is the fine Americanism of Senator Cul- 
 berson. Therefore we count it a pity that there must be shame today 
 from what once was called the "staked" plain down to where the Rio 
 Grande marks the Mexican border over the part taken in Wednesday's 
 Senate proceedings by Culberson's fellow Senator. 
 
 Bailey is a big man — physically and mentally. Honest regret is 
 all the greater when a giant in intellect proves himself to be a Lilli- 
 putian in character. 
 
 Long ago, in speaking of Knox, we coined the term "national 
 senator," to fit the few men of commanding ability and purity of pur- 
 pose who are drafted into the service of the whole United States, be- 
 cause the country cannot afford to let the energies of such to be re- 
 stricted to the affairs of a single state. 
 
 In the past we had deemed Bailey of Texas well worthy of a 
 place in that small, honored contingent. Student and orator, a born 
 leader and winner of men, an authority on constitutional questions fit 
 to stand beside Knox himself, we let no partisan feeling cloud our 
 admiration for this Texan. 
 
 Yet this same man, after making a speech, 48 hours before, osten- 
 sibly in opposition to the Aldrich bill, championed in the senate on 
 Wednesday the most vicious feature of one of the most harmful meas- 
 ures which evil interests ever attempted to foist upon the American 
 people. 
 
 Bailey is a great lawyer. But this time his case was so bad that, 
 for once, he was not even plausible. Though it may seem a contra- 
 diction in terms, his arguments was oily, but it was not smooth. 
 
 Slow as we have been to credit the attacks upon Bailey by his 
 
The Political Life-Story of a Fallen Idol 519 
 
 enemies, we may say bluntly that while he may or may not have 
 affiliations with Standard Oil, no JVall street tool of Rockefeller and 
 Rogers could have served them so well as did this Texan in aliging 
 himself with Standard Oil's handiest man, Mr. Aldrich. 
 
 Bailey did not indulge in frank and open advocacy of the bill 
 condemned by every sane business man in America. He calculated 
 his utterances with care. His device was to cripple opposition to 
 the outrageous scheme by exploiting and indorsing, under the pre- 
 tense of criticism, the one vitially vicious principle of the hill. 
 
 Every session of congress presents some strange examples of in- 
 consistency. PVe recall none so deplorable as this attempt by Bailey 
 to place railroad bonds above commercial paper as desirable, useful 
 and profitable investments by banks of the money of depositors. 
 
 This man, though now deposed, was the leader of his party, and 
 through many sessions was the foremost democrat in congress. He 
 comes from a state and section vv'hose present strength and future 
 are dependent upon legitimate commercial development. He knows 
 the history of the iniquitous bond flotations of the past ten years. He 
 knows the story of the wrecking of the Alton. He is bound to note 
 the passage of bond-burdened railroads into the hands of receivers. 
 
 Yet he stands forth as a leader and calls upon the Southern Sena- 
 tors and congressman to approve the economic heresay that the money 
 of each community should be invested in the dubious securities Wall 
 street is eager to unload, instead of being used for the industrial and 
 business needs of that community. 
 
 Bailey has gone even farther than Aldrich dared to go. The 
 author of the measure which should be entitled, "A bill to permit 
 Wall street to plunder the commerce of America," contented himself 
 with ignoring commercial paper as a basis for currency. Bailey 
 proclaims its inferiority. 
 
 Aldrich made a feeble attempt at deception by declaring that his 
 bill was modeled upon the German currency system, "with a slight 
 difiference in the character of securities used for emergency issues." 
 Silence was his only response to the prompt rely of the business world 
 that the worst fault of his bill was its difiference from the German 
 system. But Bailey comes forward and declares, in substance, that 
 Aldrich and Wall street alone are right and Germany, France and 
 England are wrong in considering approved commercial paper ma- 
 turing at short intervals the only safe and proper basis for an elastic 
 currency. 
 
 Bailey stands besides Aldrich and Cannon today as spokesman for 
 the gambler against the American business man. If what these men 
 say were true, if Wall street's railroad bonds are better than the 
 paper of the merchant and the manufacturer, it would be time for 
 every business man to stop business and take up gambling for his 
 occupation. 
 
 But Bailey is merely the echo of a falsehood — for what reason we 
 know not. Pennsylvania, remembering its Penrose, looks southward 
 and offers its sympathy to misrepresented Texas. 
 
520 Senator J. IV. Bailey of Texas Unmasked 
 
 ANTIDOTES FOR BAILEYISM. 
 
 I have always believed, and I shall ever believe, I hope, that a 
 man's duty to his country is higher than his duty to his party. — IVill- 
 tatn J. Bryan. 
 
 Political cowardice, is but another name for moral cowardice. 
 Alas, for the good of the race and the perfection of human gov- 
 ernment among men, that all men will not speak out and act upon 
 their convictions without regard to consequences. — The Author. 
 
 I hope that men of all parties will have the courage to leave their 
 parties when they believe that to stay with their parties would injure 
 their country. The success of our government depends upon the in- 
 dependence and moral courage of its citizens. — JVilliani J. Bryan. 
 
 Cultivate forebearance till your heart yields a fine crop of it. — 
 Spurgeon. 
 
 They never pardon who commit the wrong. — Dry den. 
 
 The more gross the fraud the more glibly will it go down, and the 
 more greedily be swallowed. — Colton. 
 
 Fraud generally lights a candle for justice to get a look at it; and 
 a rogue's pen indites the warrant for his own arrest. — Anon. 
 
 How often do we see men afraid of their shadows, especially their 
 political shadows. In such cases, if the shadow does outline the real 
 character of the man, then there is perhaps reason for him to be 
 afraid. — The Author. 
 
 No man is free who is not master of himself.— E/>/c/e/MJ. 
 
 The friendships of the world are oft confederacies in \\ct.— Ad- 
 dison. 
 
 Gambling with cards, or dice, or stocks, is all one thing; it is get- 
 ting money without giving an equivalent for it— if. JV. Beecher. 
 
 Gambling is the child of avarice, the brother of iniquity, and the 
 father of mischief. — Washington. 
 
 The real gentleman should be gentle in everything at least in 
 everything that depends on himself,— in carriage, temper, construc- 
 tions, aims, desires. He ought, therefore, to be mild, calm, quiet, 
 even, ternpcrate,— not hasty in judgment, not exorbitant in ambition 
 not overbearing, not proud, not rapacious, not oppressive; for these 
 things are contrary to gentleness.— //«r^. 
 
The Political Life-Story of a Fallen Idol 521 
 
 The lust of gold, unfeeling and remorseless; the last corruption of 
 degenerate man. — Johnson. 
 
 To purchase heaven has gold the power? can gold remove the 
 mortal hour? in life can love be bought with gold? are friendship's 
 pleasures to be sold? no — all that's worth a wish — a thought, fair vir- 
 tue gives unbribed, unbought. Cease then on trash thy hopes to bind, 
 let nobler views engage thy mind. — Johnson. 
 
 The man who sacrifices his political convictions for political ex- 
 pediency is to that extent politically dishonest. — The Author. 
 
 Gold! in all ages the curse of mankind! To gain thee, men 
 yield honor, affection, and lasting renown, and for thee barter the 
 crown of eternity. — P. Benjamin. 
 
 The grave buries every error, covers every defect, extinguishes 
 every resentment. From its peaceful bosom spring none but fond 
 regrets and tender recollections. Who can look down upon the 
 grave of an enemy, and not feel a compunctious throb that he should 
 have warred with the poor handful of dust that lies moldering be- 
 fore him. — Washington Irving. 
 
 A really great man is known by three signs — generosity in the de- 
 sign, humanity in the execution, moderation in success. — Bismark. 
 
 If any man seeks for greatness, let him forget greatness and ask 
 for truth, and he will find both. — Horace Mann. 
 
 It is easy in the world to live after the world's opinion — it is easy 
 in solitude to live after your own ; but the great man is he who, in the 
 midst of the world, keeps with perfect sweetness the independence of 
 solitude. — Emerson. 
 
 The man who is afraid to stand up, bravely though modestly, for 
 what he earnestly believes to be right, deserves to fall; and that man 
 who does so stand, though he stand alone, save with his conscience 
 and with his God, deserves to stand though he be cut down with a 
 thousand sabers and pierced to the heart with unnumbered and num- 
 berless wounds. Such men are the salt of the earth; such the saviors 
 of the race. — The Author. 
 
 Great men never make bad use of their superiority; they see it, 
 and feel it, and are not less modest. The more they have, the more 
 they know their own deficiencies. — Rosseau. 
 
522 Senator J. \V. Bailey of Texas Unmasked 
 
 CHAPTER XXII. 
 BAILEY AND THE LUMBER TRUST. 
 
 METHODS OF THE LUMBER TRUST. 
 
 In March, 1908, the Attorney Generals of Texas, Kansas and 
 Missouri, undertoolc an investigation of the Lumber Trust's opera- 
 tions in the Southwest and the following resume of the testimony of 
 the secretary of the National Lumber Manufacturers' Association is 
 significant and illustrative of how the people are being robbed by one 
 of Bailey's many friends, the Lumber Monopoly. 
 
 Special to The News: 
 
 St. Louis, Mo., March 24.— The investigation, begun here today 
 by Attorney General Hadley against half a hundred large lumber 
 concerns, developed the fact that prices on lumber have been promul- 
 gated through the secretary of the National Lumber Manufacturers' 
 Association and that persons not in the lumber business, such as con- 
 tractors, are unable to buy at rates made to retailers for a carload of 
 lumber and occasionally can get no quotations from which to order 
 at all. This testimony was given by George K. Smith, secretary of 
 National Lumber ALinufacturers' Association. 
 
 The testimony of Smith brought out the fact that the lumber com- 
 panies in 1904 curtailed the production of lumber over 33 per cent 
 and that prices moved up so fast that the price list committee had to 
 meet several timci during the following months to keep the trade ad- 
 vised. His testimony further showed that a farmer, who wants a 
 carload of lumber, and orders it from any manufacturer in the asso- 
 ciation, if quoted prices at all, will be quoted higher than his nearest 
 retail dealer to discourage those not in the trade from attempting to 
 buy lumber direct. 
 
 It was shown that if the farmer got the lumber he was made to pay 
 higher prices than the retailer. Farmers' co-operative lumber com- 
 panies organized for mutual benefit were the subject of resolutions 
 by the lumber interests in convention and it was decided to wipe them 
 out if possible. Contractors were served in the same way as the 
 farmer, who was used as an illustration. Small lumber dealers, un- 
 able to have on hand but a few car loads of lumber are caled "illegiti- 
 mate dealers," and often their orders for lumber are unfilled. Smith 
 explained the term "poacher" as a retail dealer who ships lumber 
 into another town where he has no yard to make sales. 
 
 BAILEY PROCURES $150,000 LOAN FOR KIRBY FROM PIERCE IN ABOUT 
 THIRTY DAYS AFTER KIRBY EMPLOYED BAILEY. 
 
 The witness Bailey (cross-examination) — 
 
 Q. Do you know anything about the $150,000 note, if there was 
 such a note, endorsed by Pierce to a St. Louis concern in January, 
 1903, for the Kirby Lumber Company? 
 
The Political Life-Story of a Fallen Idol 523 
 
 A. I do. 
 
 Q. At whose instance was his signature procured, do you know? 
 
 A. At Mr. Kirby's, I understand. 
 
 Q. Did you have any connection with that? 
 
 A. Well, I could not say I had any connection with it. I knew 
 all about it at the time. 
 
 Q. The question is whether you procured his endorsement? 
 
 A. No; I did not procure it, but I insisted it was entirely safe for 
 him to endorse it for Mr. Kirby. Without Mr. Kirby's knowledge, 
 I presume, he asked me about it, asked me about Kirby, and I in- 
 sisted that it would be an entirely safe transaction, and then I found 
 that Mr. Kirby had offered to secure it with some warehouse receipts 
 of lumber, and that, of course, made it safe, independently of Mr. 
 Kirby's personal guaranty or obligation. 
 
 Q. Have you any knowledge or information as to how it was 
 paid? 
 
 A. Yes ; I know how it was paid. 
 
 Q. Well, who paid it? 
 
 A. Mr. Pierce paid that himself. In this $600,000 transaction 
 Mr. Pierce, instead of furnishing $200,000 in cash, as Yoakum and 
 Campbell each did, he took that as a part of the $200,000 contribution 
 and gave his check for the balance of it. My recollection is he gave 
 that check to me and I endorsed it and turned it over to the Kirby 
 Lumber Company, or rather, I think I used it in paying some mat- 
 ters of the Kirby Lumber Company — probably did not turn it over to 
 them. I think, maybe, Mr. Kirby was not there, or if he was he was 
 not convenient, and my recollection is that the check was made pay- 
 able to my order, and that I endorsed it and got the money and ap- 
 plied it to the indebtedness of the Kirby Lumber Company. [Atten- 
 tion is again called to the silent figure of "My dear Pierce." His 
 ghost follows Bailey through all the rich, though weary years, since 
 Bailey, formerly the idol of his people, fell from political grace — if 
 indeed, he ever professed or practiced the code of political morality 
 or ethical uprightness.] 
 
 BAILEY DISCUSSES HIS DEALINGS WITH KIRBY. 
 
 The witness Bailey (continuing p. 880) : I want to say to the 
 committee that I would not do it [testify about his dealings with 
 Kirby] at all except Mr. Kirby has done it and I told him that he 
 need not lay his business before this committee] my relations with him 
 had absolutely nothing to do with politics or with legislation or with 
 the action of any department in the government, and it was an un- 
 warrantable intrusion into his private affairs. But he said he was 
 willing to do it and I need not feel embarrassed, as any lawyer must 
 feel to have the fact he had acted as attorney for a man and bring that 
 man in and compel him to disclose all of his private business. 
 * * * Some time in the fall, I think, of 1902, I had a telegram 
 from Mr. Kirby — it might have been a letter, but I think it was a tel- 
 
524 Senator J. IV. Bailey of Texas Unmasked 
 
 egram — asking me to come to New York. I went. He told me what 
 his situation was, explaining to me at length about the organization 
 of these companies and about leaving the stock of the — the stock of 
 the Houston Oil Company which belonged to the Kirby Lumber 
 Company, with Mr. Calhoun; that he had been there trying to pro- 
 cure a delivery of that stock to him for the Kirby Lumber Company 
 and Calhoun had not delivered it; had first put him off on one pretext 
 and then another, and then finally either he said Calhoun had told 
 him, or he had become satisfied that Calhoun had hypothecated that 
 stock belonging to the Kirby Lumber Company upon Calhoun's own 
 loans, and he wanted me to take the matter up; asked me if I could do 
 it. I told him I could and I would. * * * I told Calhoun I 
 was going to contest the validity of that sale [the sale of 9,600 shares 
 of Houston Oil Company stock to the Kirby Lumber Co.], and was 
 not going to recognize it at all, and I wanted him to take it back with- 
 out a law suit. * * * After pressing that for some time he fin- 
 ally proposed himself, I think, or it is possible that I proposed, but I 
 am almost sure he proposed, that if we would release him from his 
 subscription to the capital stock of the Kirby Lumber Company, that 
 is the preferred stock of the Kirby Lumber Company, he would pur- 
 chase this Houston Oil Company stock which he had sold, but which 
 he had never delivered to the Kirby Lumber Company. I canvassed 
 the matter with Mr. Kirby and we agreed that it was the best thing to 
 do. Indeed, it was nearly the only thing that we could certainly do 
 about it. Then the question arose about the authority of the Kirby 
 Lumber Company to make a contract. * * * j told Mr. Kirby 
 that I would not advise that the Kirby Lumber Company could make 
 that kind of a contract. If it did, the contracts could not be en- 
 forced as against Calhoun or anybody else. The next question was 
 10 find somebody who would make it. Kirby and Calhoun at this 
 time were at outs with each other and my first idea was that Mr. 
 Kirby might make it. Mr. Kirby asked me if I would be willing to 
 make it, and I told him I would. Of course, it was a contract of more 
 or less danger because if I purchased this stock from Calhoun — gave 
 him my contract to purchase it and borrowed money to make the pay- 
 ments that had already been made and return them to him and then 
 the negotiations which Kirby had under way with Yoakum should 
 fail, I would be left with, I think it was about 7,500 shares of this 
 stock and I would be left with a contract on my hands to buy that 
 stock and it would hopelessly involve me; that is if these negotiations 
 with Yoakum failed the perplexities of the Kirby Lumber Company 
 would be multiplied and I did not see any way out of receivership 
 proceedings. [But Bailey was willing to risk his ability and influ- 
 ence as a United States Senator to dispose of this stock to the Rail- 
 roads and therefore took the risk of "hopelessly involving himself." 
 As we will see presently, Pierce came to his rescue; in fact, Pierce 
 shows up in absolutely every one of Bailey's big corporate dealings 
 after the historic loan of April 25, 1900.] But Kirby, who is a san- 
 
The Political Life-Story of a Fallen Idol 525 
 
 guine man about his business matters and by the way, one of the ablest 
 men I have ever known in all my experience in business matters — he 
 thought that this was an immensely valuable property and that what- 
 ever happened temporarily — that the increase in the timber — in the 
 price of timber would make the Kirby Lumber Company a valuable 
 property; so I made the contract with Calhoun; he repurchased the 
 nine thousand and odd shares of Houston Oil Company preferred 
 stock which belonged to the Kirby Lumber Company and I pur- 
 chased from him his subscription to the capital stock of the Kirby 
 Lumber Company. Calhoun had still a credit on the Kirby Lumber 
 Company books of three or four hundred thousand dollars, arising 
 out of his sale of this Houston Oil Company stock to the Kirby Lum- 
 ber Company. I used that in paying him as far as it would go — can- 
 celed that I mean, of course ; when he paid it back to the Kirby Lum- 
 ber Company the Kirby Lumber Company would owe him that 
 $733)000 ; the balance of it we arranged; then I paid for the stock or 
 I will call it "subscription certificates," for that is all it was at that 
 time of the Kirby Lumber Company. * * * 
 
 PIERCE BECOMES GUARANTOR FOR BAILEV AT A NEW YORK BANK. 
 
 Landenberg, Thalman & Company, availing themselves under the 
 privilege of the terms of the subscription, paid their full amount at 
 first, $150,000, and that amount had run long enough for the interest 
 to accumulate to the extent of, as I remember it, $6,800. I had to 
 pay this $156,800 to Landenberg, Thalman & Co. under the terms of 
 my contract with Calhoun. I knew they had this stock and I went 
 to Mr. Pierce and told him I wanted to borrow $156,800, or what- 
 ever it was, I knew exactly at the time what it was, and that I wanted 
 him to loan it to me or get it for mc. He said, "All right." I told 
 him I had ample security, and he said, "All right," that he could get 
 it for me and he asked me what I wanted with it, or probably I vol- 
 untarily told him what I wanted with it; I am not certain about that; 
 when I told him that I wanted to pay it to Landenberg, Thalman & 
 Company he said, "I know them very well; I do business with them. 
 I will go down there with you and see about it." And he did go with 
 me to the office of Landenberg, Thalman & Company — it is in the 
 same building — I think Mr. Pierce's offices were on the twelfth floor 
 and Landenberg, Thalman & Company's offices were on the third 
 floor, in the same building; he went down there with me and intro- 
 duced me to one member of the firm or may be to t^vo members of the 
 firm, and he told them that I wanted to make some arrangements there 
 for some money that had related to some transaction which they had 
 had with Calhoun or the Kirby Lumber Company; he vouched for 
 my character and standing [just as David (Francis) had vouched for 
 Clay's (Pierce's) standing to Joe some years before and with just as 
 little foundation therefor] and told them they could rely on any 
 representations I made to them, and he went away. I told them then 
 the transaction and that I wanted to pay this amount of $156,800 and 
 
526 Senator J. IV. Bailey of Texas Unmasked 
 
 they agreed to let me have the money — to loan it to me, provided Mr. 
 Pierce would endorse the note; I told them I did not think Mr. 
 Pierce expected them to require that; that they not only had the stock 
 but they had Calhoun's agreement to take it off their hands. I ex- 
 plained further that if they took my note, secured by the stock they 
 would then have my contracts and have the stock as collateral, 
 whereas, they held it as the owners. They declined to accept my view 
 of the transactions and insisted upon Mr. Pierce endorsing the note. 
 I went back to Mr. Pierce and explained the matter to him and he 
 either endorsed or guaranteed the note; I am not certain which— my 
 recollection, however, is that he gave a guarantee — a written guaran- 
 tee — without being certain on that point, however. I left this stock 
 which had become my property as collateral, with the note which I 
 had executed to Landenberg, Thalman & Company. That is the com- 
 plete history of the $156,800 note. When this stock was sold to Mr. 
 Yoakum and his associates and the money was paid for it, I took up 
 the stock and delivered it to Mr. Yoakum, that stock as well as the 
 other Calhoun stock subscriptions being a part of the stock which I 
 had bought from Mr. Kirby. That is the end of that transaction. 
 
 BAILEY DEALS WITH YOAHUM, ET. AL. 
 
 The witness Bailey (continuing p. 884) : When I was called over 
 there Mr. Kirby told me, perhaps at the time and if not, a little later, 
 that he hoped to sell these certificates to Yoakum, and I think maybe 
 he had somebody else in contemplation; I know he did, in fact. He 
 was conducting that negotiation and I was trying to reduce these 
 stocks to possession, but about the same time or at the same time I 
 talked with Mr. Yoakum frequently about it and urged him to buy 
 them. I felt that it was perhaps the best tonnage proposition in this 
 State, and probably the best tonnage proposition in the South, and I 
 urged that view on Mr. Yoakum; I wanted Mr. Yoakum to have it 
 because 1 like Yoakum; he is a Texan and he has made himself and 
 he has helped to develop the State and I would rather see Yoakum ac- 
 quire that tonnage than any other railroad man in Texas, and I urged 
 him to buy it. * * * I think nearly the whole conversation was 
 with Mr. Yoakum. I talked with Jim Campbell about it, and I have 
 no doubt I talked with Mr. Pierce about it. [So we see the hand of 
 the oil master, Pierce, throughout all these transactions.] * * * 
 I take the full responsibility for urging that trade. I believe it was 
 a good one for the Kirby Lumber Company, and I believe it was a 
 good one for Yoakum, and I had his interest in view, because I liked 
 him. He is a native Texan, and he has helped to develop this State, 
 and then I think I did not lose sight of the fact that the more tonnage 
 we furnish the railroads to carry back the less our freight rates will be. 
 [And yet Bailey proclaimed to the world in his rate bill discussion, 
 properly so perhaps, that a transportation company should not be per- 
 mitted to own an interest in shipping companies or other allied con- 
 cerns. Thus we find another illustration of Bailey's apparent atti- 
 
The Political Life-Story of a Fallen Idol 527 
 
 tude on these questions so far as the public is concerned, but privately 
 he is constantly making capital and coining money for himself by 
 violating in practice the very theories he advocates in public] 
 
 The witness Bailey (continuing p. 945) : My impression al- 
 ways was they were buying it for the 'Frisco Railroad. They were 
 the three principal stockholders of the 'Frisco Railroad, and indeed, 
 so far as I urged it at all, I urged it upon Yoakum as a tonnage prop- 
 osition, coupled with the fact that it was a good investment. * * * 
 
 BAILEY BORROWS $130,000 FROM BROWN BROTHERS BANKERS OF NEW 
 YORK ON UNKNOWN COLLATERAL. 
 
 Q. But it only required $156,000 in money for you to make 
 whatever payments were necessary and adjust the matter with Mr. 
 Calhoun? 
 
 A. Well, you are mistaken about that. It required $130,000 to 
 return Calhoun the $20 per share on the other 6,500 shares that had 
 been paid, and then it required $156,000 to take up the stock at Lan- 
 denberg, Thalman & Company. 
 
 Q. Where did you get that $130,000? 
 
 A. I don't know where I did — / don't know that it is any of your 
 business, the committee's business I mean, where I ^ot it. I didn't 
 get it from Mr. Fierce and I didn't get it from the Standard Oil 
 Company, and my opinion is that when I got it that I took a part of 
 the money which I was to receive from the Kirby Lumber Company 
 and anticipated it, I think I got that money at Brown Brothers, but 
 I am not sure about that. [Note that he does not say above but that 
 Pierce may have endorsed for him at Brown Brothers on this $130,- 
 000 loan, just as Pierce did endorse or guarantee for him the $156,000 
 from Landenberg, Thalman & Company of New York.] 
 
 PIERCE, CAMPBELL AND YOAKUM SAVE BAILEY'S FORTUNE. 
 
 The witness Bailey (continuing on cross-examination p. 968) : 
 
 Q. Now, if this deal had not gone through and you had been left 
 with the stock at that time, and you were responsible for this $156,000 
 that you borrowed at that time, were you financially able to respond 
 in $156,000? 
 
 A. / was not, I would have been hopelessly broken. 
 
 Q. Well, Mr. Pierce was, wasn't he? 
 
 A. Oh, yes; amply able. 
 
 Q. And he had signed this obligation — then? 
 
 A. He had either signed it or guaranteed it. * * * 
 
 Q. Well, you think it was worth that to assume that hazard? 
 
 A. I did not say that, but I say I would not go today and take that 
 chance for the money, and I would not have done it then as a cold 
 business independent proposition. A man to tell me he would give 
 me $90,000, $94,000 to go and take, or give me $150,000, to go and 
 take a chance involving myself to the extent of more than $600,000 
 upon a property that had to be financed, still I would not take the 
 chance. * * * 
 
528 Scnotor J. IV. Bailey of Texas Unmasked 
 
 Q. Now, what was that stock worth? 
 
 A. Well, there was no ynarket value for it. It had not been 
 listed and while the property was in operation and making good show- 
 ing under the circumstances, it still had been insufficiently financed, 
 and if you had taken the stock out to have sold it on open market, it 
 probably ivottld have fetched very little. It had to be sold, if sold 
 at all, to somebody who knew the value of the timber on that land, 
 who knew about the saw mills and knew about the conditions of the 
 lumber market. [Then, why should a United States Senator put 
 himself under such urgent necessity and such great obligation to the 
 Railroad money masters on whom he had to depend to purchase 
 $1,600,000 dollars' worth of corporate stock and thus save the said 
 Senator from being "hopelessly broken"?] 
 
 Q. Well, whatever financial losses you might have incurred in 
 the matter, you were saved from incurring by the fact that Mr. Yoa- 
 kum and Mr. Campbell and Mr. Pierce did take the stock? 
 
 A. Yes, sir; I suffered no loss in it. 
 
 KIRBY DEPOSITS $1,000,000 WORTH OF KIRBY LUMBER COMPANY STOCK 
 WITH B.AILEY, FOR PIERCE, CAMPBELL AND YOAKUM, REPRE- 
 SENTING THE RAILROAD INTERESTS. 
 
 The witness Bailey (continuing on cross-examination) : 
 
 Q. Now, why was Mr. Kirby's stock put in your hands instead 
 of the hands of J. P. Morgan; I understand they suggested it be de- 
 posited with Morgan & Company? 
 
 A. Well, that matter passed out of my mind entirely until Mr. 
 Kirby spoke of it. The fact of it is, it had passed out of my mind 
 that the million dollars was ever put in my hands until I believe the 
 Dallas News printed a sensational story that I had a million dollars' 
 stock in the Kirby Lumber Company, and then that reminded me of 
 this transaction. Mr. Kirby really — I say it reminded me — when I 
 first heard it in the News I was disposed to think it was an invention, 
 but that very night I was thinking about it and I recalled that that 
 must be what they meant, that that was the only transacion in which 
 my name was ever connected with a million dollars' worth of the stock 
 exactly a million dollars, but of course, my name is connected with 
 this Calhoun stock. I thought at first that was it, and then the next 
 morning I saw a card from Mr. Kirby and it all came back plain then 
 that it was that. There was just a million dollars of that, but when 
 I first read the story in the Dallas News, or when somebody called my 
 attention to it, I felt absolutely that what they had in their mind was 
 this Calhoun stock that I had bought from him. * * * 
 
 Q. Well, now; as to this sensational story in the News, or what 
 you took to be that, while in fact you held that million dollars' stock 
 in trust for Kirby, yet upon the face of the matter it was true that the 
 million dollars' stock had been issued to you, wasn't it? 
 
 A. IFell, I think Mr. Kirby says it was issued to me as trustee. 
 
Tlic Political Life-Story of a Fallen Idol 529 
 
 MR. B. F. YOAKUM, THE BRILLIANT RAILROAD MAGNATE AND HIS DEAL- 
 INGS WITH THE STANDARD OIL SENATOR FROM TEXAS. 
 
 The Witness Yoakum (pp. 562-568 Com. Rept.) : 
 
 My name is B. F. Yoakum; my business, railroad business. I am 
 connected with the St. Louis, San Francisco and Rock Island, and, 
 in fact, there are several, but you don't want them all. 
 
 Q. You had some negotiations with Senator Bailey, had you, on 
 account of the Kirby Lumber Company some several years ago? 
 
 A. Yes, sir. 
 
 Q. Will you please state what those were? 
 
 A. I can not remember them in detail ; I can give you the general 
 situation, I guess. I purchased some of the Kirby Lumber Company 
 stock, of the preferred issue — the negotiations — 
 
 Q. Do you remember how much stock you purchased? 
 
 A. I do not, but my memory is refreshed somewhat on some pub- 
 lished testimony that I have read and I think is about correct. 
 
 Q. Well? 
 
 A. It was about 15,000 or 16,000 shares. 
 
 Q. With whom did you begin and with whom did you end those 
 negotiations? 
 
 A. Senator Bailey. 
 
 Q. When did you commence negotiations for the purchase of 
 these shares? 
 
 A. I really can not remember; I am not good on remembering 
 dates, without refreshing my memory I can not give you the time. 
 
 Q. Whom did you represent besides yourself in that connection? 
 
 A. I bought the stock for myself and associates, which were Mr. 
 Campbell and Mr. Pierce. 
 
 PAYS $75.00 PER SHARE FOR KIRBY LUMBER COMPANY STOCK WHICH 
 HAS NO MARKET VALUE. 
 
 Now, I am mistaken about that — the preferred stock was pur- 
 chased and it does belong to the 'Frisco. 
 
 Q. What steps were taken by you to ascertain the value of this 
 stock that you bought? 
 
 A. No, I don't recall; except that I looked into it, as I have 
 stated; the tonnage feature of it was attractive to me. 
 
 Q. How did you get your information as to what stock was 
 really worth. 
 
 A. From the values, of course — the values of the property, the 
 values of the timber and the value of the mills and the value of the 
 property as a whole. 
 
 Q. You misunderstand me, Colonel ; how did you find out what 
 they did have? 
 
 A. Well, I can not remember distinctly; / presume I got it from 
 Senator Bailey; I was dealing with him. 
 
 Mr. Odell : Do you remember sending a man down here to look 
 
530 Sniator J. IV. Bailey of Texas Unmasked 
 
 over the properties of the Kirby Lumber Company and make an in- 
 spection of them and examine the books before this stock purchase? 
 
 A. No, sir. 
 
 By Mr. Cocke: 
 
 Question: Had the stock you purchased, Colonel, any market 
 value, do you know, at the time? If so, what? 
 
 Answer: I don't know that it had any quotation; of course, it 
 might have had on what is called "the curb" market, therefore J can 
 not say; I think it was quoted on the curb, what is called the "curb 
 quotation," but not on the regular stock exchange quotation, and 1 
 don't know what it was; I might have known at the time, but if I did, 
 I have forgotten. 
 
 Q. Was it $30 or $40 a share? 
 
 A. I don't think the Kirby preferred ever sold for that figure on 
 the curb, although I am not certain. 
 
 Q. What did you gentlemen pay for it? 
 
 A. / cannot say positively about that, but I think it was $73-00 
 
 R.\ILROADS HAVE BUSINESS BEFORE CONGRESS. 
 
 Q. All laws governing the Indian Territory, whether they relate 
 to railroads or other matters, at that time originated with Congress, 
 didn't they? 
 
 A. I understood so, yes, sir; I am not a lawyer. 
 
 Q. Well, every law relative to or affecting the Territory then, 
 whether it related to the railroads or anything else, came from Con- 
 gress, didn't it? 
 
 A. That is as I understand it. 
 
 Q. You had quite an extensive mileage in the territory? 
 
 A. We built pretty largely in the territory. 
 
 Q. You were proposing to build from — down through Louis- 
 iana into Texas? 
 
 A. Eastern Louisiana. 
 
 Q. And across Texas? 
 
 A. Across Texas from Fort Worth. 
 
 Q. Didn't that require some Congressional action? 
 
 A. None whatever. 
 
 Q. How about crossing streams, navigable streams? 
 
 A. We go to the War Department for that. 
 
 Q. Has the 'Frisco road or the Rock Island acquired any rail- 
 road properties in the Indian Territory since that time by purchase? 
 
 A. No, sir; we have built — we have been building more or less 
 roads in the Territory for the last eight years; I think we have only 
 extended our line — what is known as the Lawton line within the last 
 three or four years. 
 
 Q. Have you acquired any railroad properties by purchase 
 through the authorization of Congress? 
 
 A. I don't think we have. 
 
 Q. You bought the Ozark & Cherokee Central? 
 
The Political Life-Story of a Fallen Idol 531 
 
 A. We bought the Ozark & Cherokee Central, but that did not 
 require any Congressional action because we bought it as a complete 
 road. 
 
 Q. Are you sure it was not necessary for Congress to pass on the 
 transfer to your company, under an act in the United States statutes 
 approval in April, 1904? 
 
 A. If it was necessary we did it; I don't know whether it was 
 necessary or not. 
 
 Q. At any rate your company acquired this property? 
 
 A. We bought the Ozark & Cherokee Central as a constructed 
 property; we did not build that. 
 
 Q. Is the same thing true of the Arkansas Valley & Western 
 road? 
 
 A. We purchased that property. 
 
 Q. Through the same form? 
 
 A. We bought it from the stockholders, from the owners, yes, 
 sir. 
 
 Q. It was a completed property? 
 
 A. It was a completed property, yes, sir. 
 
 Q. The United States statutes also show an act approved March 
 3, 1905, by which the Rock Island was authorized to buy the Chicago, 
 Oklahoma & Gulf Railroad Company — do you remember that trans- 
 action? 
 
 A. Yes, sir; but that was before my connection with the Rock Is- 
 land — what road is that? 
 
 Q. The Chicago, Oklahoma & Gulf, that was in March, 1905— 
 were you not connected with the Rock Island then? 
 
 A. Yes, sir; that was just about the time; I was not actively con- 
 nected with them ; I am not familiar with that matter. 
 
 Q. Colonel Yoakum, are you acquainted with H. H. Rogers? 
 
 A. I don't know him, no, sir. 
 
 Q. Have you ever been at 26 Broadway? 
 
 A. I believe I did meet him on one occasion and shake hands 
 with him; I never had any conversation with him. 
 
 Q. Have you ever been at 26 Broadway, the reputed head-quar- 
 ters of the Standard Oil Company? 
 
 A. / have. 
 
 kirby the lumberman, bailey and high finance. 
 John H. Kirby 
 
 the Texas Lumber King who was once involved in a charge of having 
 bribed the District Attorney of Travis county, Warren Moore, by 
 payment of $12,500 in consideration of the dismissal of the suits 
 against his Lumber Companies, for the violation of the anti-trust laws 
 of Texas, appeared before the Committee and testified (Bailey Invest. 
 Com. Report, 1907, pp. 421-471, 483-498), in substance as follows: 
 
 I am president of the Kirby Lumber Company; reside in Hous- 
 
 11-3 
 
532 Senator J. IF. Bailey of Texas Unmasked 
 
 ton Texas The Kirby Lumber Company was chartered July 5, 1901, 
 as was the Houston Oil Company; the Kirby Lumber Company be- 
 ing capitalized at $10,000,000, and the Houston Oil Company at $30,- 
 000,000. [This latter is the largest capitalization of any corporation 
 ever chartered in Texas.] 
 
 S. B. Cooper, Jr., was one of the nine directors of the Kirby Lum- 
 ber Company. [Son perhaps of Congressman S. B. Cooper who tes- 
 tified for Bailey. There are always wheels within wheels it would 
 seem.] 
 
 I employed Senator Bailey about November, 1902, as attorney for 
 the Kirby Lumber Company and as my counsel in New York. 
 Among the assets of the Kirby Lumber Company was something near 
 four million dollars of the Houstf n Oil Company preferred stock, 
 and a like amount of the common stock. It had not been delivered 
 to us, however. ' 
 
 After arriving in New York I arranged with some bankers there, 
 Brown Brothers & Company, of New York, and the American Loan 
 & Trust Company of Boston, to loan the Kirby Lumber Company a 
 million and one-half dollars, on this stock as security, that is on the 
 Houston Oil Company's stock supposed to be in our treasury. I 
 called on Mr. Calhoun for the stock, [He was financing both the 
 Houston Oil Company and the Kirby Lumber Company.] and then 
 he admitted that he didn't have it. I telegraphed to Senator Bailey to 
 come over to New York and I laid the situation before him and asked 
 him if he would go after the gentleman for me, which he consented to 
 do. From November, 1902, to May, 1904, I relied on him entirely. 
 He was my counsel in New York, and I was there nearly all of the 
 time, trying to overcome the financial condition the Company was in 
 by the absorption of its cash capital and the substitution of this Hous- 
 ton Oil Company preferred stock. 
 
 There was one matter that took a great deal of our time which 
 afterwards culminated in the receivership. The Houston Oil Com- 
 pany had sold to the Kirby Lumber Company eight billion feet of 
 lumber for the fixed sum of $38,2(;o,ooo to be paid in fixed semi-an- 
 nual installments covering a period of about twenty years. Senator 
 Bailey was with me a great deal and when he was not there I was act- 
 ing under his advice in all I did. 
 
 - Shortly after the Senator's engagement the first thing to be done 
 was to reduce this Houston Oil Company preferred stock to posses- 
 sion which Mr. Calhoun had. The Senator went after that vigor- 
 ously and reduced to possession all of that stock except $650,000 and 
 we are suing for that now in the Federal Courts at Houston. 
 
 Mr. Calhoun is an operator in Wall street, a financier I believe 
 is the designation, and was introduced to me in 1900 as second only to 
 J. P. Morgan in his power to do things and his ability to raise money. 
 Certain of the common stock of the Houston Oil Company was to be 
 used in financing the corporation and after that was done, he was to 
 own one-half of what remained, as a consideration to him for doing 
 
The Political Life-Story of a Fallen Idol 533 
 
 the financing, that way his share of the common stock would mean five 
 to six million dollars, par value. 
 
 Mr. Calhoun had previously used some of the Houston Oil 
 Company preferred stock belonging to the Kirby Lumber Company, 
 behind some loans he had obtained in New York for the Lumber 
 Company, and the amount remaining in his hands was something in 
 excess of three million dollars, is my recollection, at the time Senator 
 Bailey was engaged — it was that stock Senator Bailey vvas to recover. 
 He did not have any litigation, no; but there was endless conferences 
 and interviews, and plans and all that sort of thing, and finally, after 
 about three months, culminating in the delivery to us of all that stock 
 except $650,000.00, and an admission from Mr. Calhoun and from 
 the Houston Oil Company, that that stock was pledged for account 
 of the Houston Oil Company, which gave us another liability other 
 than Mr. Calhoun. 
 
 THE KIRBY LUMBER COMPANY IGNORES ITS TEXAS LAWYERS AND EM- 
 PLOYES A UNITED STATES SENATOR. 
 
 The Witness Kirby: Yes, sir; of course we had counsel in Texas 
 but this trouble in New York was handled by Senator Bailey as our 
 counsel during the period from November, 1902, to May, 1904, rep- 
 resenting the Kirby Lumber Company, never the Houston Oil Co. 
 
 From the treasury of the Kirby Lumber Company we paid him 
 $15,000 in money. Then in handling this fee we paid the balance of 
 it by taking it away from the other fellow. 
 
 In the course of this negotiation with Calhoun, there was one par- 
 ticular block of stock, preferred stock of 9464 shares of the par value 
 of a hundred dollars each, or $946,400, which Mr. Calhoun had writ- 
 ten up as an asset of the Kirby Lumber Company but had not deliv- 
 ered. We sought to have Mr. Calhoun buy back that stock he had 
 written up just previously at $77.50 a share, and had taken our money 
 for in part and held an obligation against us, that is, open account ob- 
 ligation against us for the balance, and I sought to have him take it 
 back at the same price. He ofifered to do so, provided we would take 
 off his hands 8500 shares of the preferred stock of the lumber com- 
 pany which he had subscribed for and had made a partial payment. 
 Senator Bailey, as our attorney, advised me that the Company could 
 not invest in its own shares, and that we couldn't act upon that propo- 
 sition. Then I proposed to him that we take it up. [Here's where the 
 Senator goes into deep financial waters and is finally pulled through 
 by his old friend Henry Clay Pierce and Messrs. Yoakum and Camp- 
 bell to whom he afterwards sold the one million, six hundred thousand 
 dollars worth of Kirby Lumber Companv stock at $75.00 per share 
 that had no market value, according to Kirbv's own testimony.] 
 
 Senator Bailey undertook to carry that deal and he succeeded with 
 it. He sold Mr. Calhoun these 9,464 shares of Houston Oil Com- 
 pany preferred stock, and bought from Mr. Calhoun the 8,500 shares 
 of Kirby Lumber Company stock. He sold this Houston Oil Com- 
 
534 Si'iuitor J. W. Bailey of Texas Unmasked 
 
 pany preferred stock, at $77.i;o a share when the market was about 
 :p35'or $40 and we allowed Senator Bailey $10.00 a share or $94,640. 
 
 ENTER PIERCE, YOAKUM AND CAMPBELL. 
 
 He [Bailey] sold the 8,i;oo shares of Kirby Lumber Company 
 stock [together with 8,100 shares additional] to B. F. Yoakum. That 
 deal was consummated in which Mr. Yoakum, James Campbell and 
 H. C. Pierce took an option on $1,650,000 of preferred Kirby Lum- 
 ber Company stock and I, individually, gave them a bonus of one mil- 
 lion dollars on common in the Kirby Lumber Company that belonged 
 to me. 
 
 James Campbell is a business associate of Mr. Yoakum and a very 
 rich man of St. Louis and interested in San Francisco Railroad and 
 other things. I never heard of his being in oil. He is in nearly 
 everjihing else, street railroads and steam railroads — he is a very 
 rich man. 
 
 Mr. Yoakum wanted the 10,000 shares of bonus common stock de- 
 posited with J. P. Morgan & Company, I declined to do that, but 
 ofYered to leave it with Senator Bailey as trustee and that was assented 
 to, and the stock was issued to Senator Bailey and he afterwards de- 
 livered it to them, after they had consummated their deal and paid for 
 that one million and six hundred and fifty thousand dollars of pre- 
 ferred stock. 
 
 Senator Bailey was my counsel and negotiated these arrangements 
 which resulted in the option and these parties taking the stock. I 
 consummated that arrangement in person. [Mr. Yoakum afterwards 
 testified and flatly contradicted this statement, saying that he dealt ex- 
 clusively with Senator Bailey and not with Kirby.] 
 
 The $1,650,000, preferred stock was all placed in the name of 
 C. W. Hillard and it still stands in his name for the use and benefit of 
 — well, I don't know. But the common stock was divided into three 
 parts, one-third was placed in the name of a man named S. S. Wil- 
 liams, and 1 afterwards bought it. [He does not say which part this 
 was nor how he bought it or paid for it. It is thought, however, that 
 this was Pierce's part of that million dollars of common stock and just 
 what private deal, if any, there was between Kirby, Pierce and Bailey 
 does not appear.] One-third is in the name of James Campbell and 
 the other one-third, I believe, is in the name of a man named Newell. 
 [This was perhaps Mr. Yoakum's part.] A certificate for 10,000 
 shares I had made up and delivered to Senator Bailey was afterwards 
 offered to the Kirby Lumber Company for transfer to these three 
 names. Now as to who owned it, I don't know but those are the names 
 in which it was transferred and those gentlemen may have owned it 
 or may not have owned it — I don't know anything about that. [This 
 illustrates the efYorts to cover up the real nature of the transaction 
 through stock jobbery and concealment. The author does not pre- 
 tend to know that such was the fact in this case but it serves as an illus- 
 tration nevertheless.] 
 
The Political Life-Story of a Fallen Idol 535 
 
 The first $600,000 payment on the $1,650,000, par value, preferred 
 Kirby Lumber Company stock was made in this way. Mr. Yoakum 
 at one time gave me his check on J. P. Morgan & Company for $200,- 
 000. Mr. Pierce assumed a note of mine — on the Company at the 
 Mississippi Valley Trust Company, at St. Louis, for $150,000 and 
 then gave his check for $50,000, and Mr. Campbell gave his check 
 for $200,000. When the second payment came due Mr. C. W. Hil- 
 lard paid it, I think that was eight hundred and eleven thousand dol- 
 lars. He represented these men. 
 
 BAILEY GETS $40,000 MORE FROM THE KIRBY CROWD. 
 
 The Witness Kirby: A man in New York had a contract on 
 8,100 shares of the Kirby Lumber Company preferred stock on which 
 he was to receive a commission of five per cent. When I saw an op- 
 portunity to sell that same stock to Mr. Yoakum, I got that man to re- 
 lease it and I allowed Senator Bailey that five per cent commission, 
 amounting to forty thousand and some dollars. I gave Mr. Bailey 
 the money that we would have given to that man if he had found a 
 sale. 
 
 BAILEY BORROWS ANOTHER $1 19,000.00. 
 
 The Witness Kirby: He [Bailey] took another note at another 
 time for $1 19,000, and became personally liable. That was the Hous- 
 ton Oil Company note; that has never been paid. [In other words 
 the Houston Oil Company still owes Bailey $119,000, which he ad- 
 vanced to the latter Company for the benefit of the Kirby Lumber 
 Company.] I do not know whether or not H. C. Pierce endorsed 
 Mr. Bailey's paper at Riggs National Bank, with which he raised the 
 money to pay the Kirby Lumber Company the $1 19,000; I don't know 
 other than that he borrowed some of it or all of it at that bank. 
 
 PIERCE ENDORSES KIRBY'S NOTE FOR $150,000. 
 
 Mr. Pierce endorsed my note on the Mississippi Valley Trust 
 Company for $150,000. I got the money and he paid it; that is he 
 guaranteed my note and when it matured Mr. Pierce paid it. [This 
 endorsement of Kirby's note by Pierce for $150,000, was within about 
 a month after Kirby employed Bailey and while Mr. Kirby denied 
 that Bailey introduced them to each other yet he could not remember 
 \yho did introduce them and admitted that he had known Mr. Pierce 
 six or seven years back of February, 1907. This would have thrown 
 the beginning of their acquaintance just about the time, or shortly 
 after. Pierce and Bailey first began to e.xcliange loans and influence. 
 Perhaps Pierce put Kirby ne.xt to the "availability" of "Coal Oil Joe" 
 to do all necessary stunts performable bv a popular public man of in- 
 fluence.] The 10,000 shares of bonus stock amounting to one million 
 dollars was issued to Senator Bailey, I think, about March, 1903. - 
 
 Mr. Pierce endorsed my note at the Mississippi Valley Trust 
 Company as an accommodation to me personally. I don't remember 
 
536 Senator J. IV. Bailey of Texas Unmasked 
 
 when I first met Mr. Pierce; about six or seven years ago. I think 
 I knew him before Senator Bailey knew him, I am not sure. I was 
 never associated with him. I have been in competition with him. 
 I was president of the only Oil Company in Texas [The Southwestern 
 Oil Company until Pierce and Bailey got a hold of it] that was giving 
 him active competition at the time its ouster suit was gone into . 
 
 [Waters-Pierce ouster, 1900.] 
 
 Q. Would you mind telling us, as Mr. Pierce is somewhat of a 
 central figure in this investigation, why it was that he endorsed that 
 note for a hundred and fifty thousand dollars? 
 
 A. No. He endorsed my note because I was in distress, and he 
 is the only millionaire I ever knew of in this country who has got any 
 warm blood in his veins at all to try to help a fellow out of trouble. 
 He heard my story and endorsed my note. [About a month after 
 Kirby told the story of his troubles to Bailey.] 
 
 I met Mr. Pierce first while I was president of the Southwestern 
 Oil Company [a competing concern to the Waters-Pierce] and I sold 
 that Company in the summer of 1901. I believe the first business 
 transaction I had was when he endorsed my note for $150,000; that 
 was in 1903. That is the first business transaction I recollect and I 
 believe that is the only one. 
 
 I asked him to do so, and I asked him very tearfully, so to speak. 
 I had cashed two obligations of the Houston Oil Company and Mr. 
 Calhoun, and I had cashed them on the confidence of Mr. Calhoun, 
 and they went to New York and were protested. They were thirty 
 day obligations, and that was a short time after my break with Mr. 
 Calhoun. Those two pieces of paper were very embarrassing to me, 
 and they would have precipitated a receivership to my Company, and 
 other serious complications for me, if I didn't raise that money, and 
 my company was in such financial condition that it didn't have any 
 credit, and I didn't have the money and nothing to put up, having put 
 practically all I had in the company. 
 
 Q. That was in 1903? 
 
 A. In January, 1903. 
 
 Q. After you had employed Mr. Bailey in 1902? 
 
 A. Yes, sir. 
 
 Q. Did Mr. Bailey suggest Mr. Pierce as a — 
 
 A. No, sir; I went from home here, from Houston up to St. 
 Louis, knowing Mr. Pierce would be there, and met him. 
 
 Q. Did you and Mr. Bailey ever discuss Mr. Pierce after, in and 
 about those times, along about then? 
 
 A. I suppose we have, a nu7nber of times I suppose. Oh, yes, I 
 know, lots of times I have discussed with him the relations of Mr. 
 Pierce, and these relations on him in Texas. 
 
 BAILEY HAS A CONVENIENT THROAT TROUBLE. 
 
 Yes, sir; Senator Bailey was actively engaged in the employment 
 of the Kirby Lumber Company from the latter part of November, 
 
The Political Life-Story of a Fallen Idol 537 
 
 1902, to May, 1904, covering 1903 entirely and part of the other two 
 years — he was very much engaged with our affairs during the winter 
 and spring of 1903. He was in New York quite frequently for a day 
 at a time and sometimes two days. 
 
 Q. Do you remember whether or not he was suffering with an 
 affectation of the throat at that time and required treatment in New 
 York? 
 
 A. Yes, sir. 
 
 Q. Congress was in session, was it? 
 
 A. / think it was. 
 
 KIRBY PAYS BAILEY $149,000, AND NOT THROUGH YET. 
 
 Our fee arrangements, covering these services, with Mr. Bailey 
 have not been closed yet. We have had no accounting on his part 
 and the payments that have been made him have simply been on ac- 
 count of fees; we have never had any definite settlement of the fees; 
 and Senator Bailey is still one of our attorneys in this litigation down 
 here, though he hasn't been in attendance on court. The Kirby Lum- 
 ber Company paid him a cash fee of $1 i;,ooo. Then he received from 
 the sale of the Houston Oil Company stock to Pat Calhoun, ninety- 
 four thousand dollars; from the sale of the Kirby Lumber Company 
 stock to Yoakum, forty thousand dollars. 
 
 I do not know who ultimately became the owners of the $1,650,000 
 preferred stock of the Kirby Lumber Company sold, through Mr. 
 Bailey, to Mr. Yoakum; it stands in the name of C. W. Hillard of 
 New York. I do not know whether it belongs to the 'Frisco or Rock 
 Island or any other Railroad Company; nor do I know who are really 
 the owners of the million dollar bonus stock that went to Messrs. 
 Yoakum, Campbell and Pierce. They don't hold it in trust for Mr. 
 Bailey. I don't know who the owner is but I know who is not. 
 [His logic seems to be at fault.] 
 
 The primary reason in my mind for paying Mr. Bailey the $40,- 
 000 commission on the Pemberton 8,100 shares, stock that was sold to 
 Mr. Yoakum, was that I was taking something from the other fellow 
 and giving it to my friend, and I would have taken all IVall street 
 and handed it over to him, if I could have gotten my hands on it. 
 
 [This is not only a frank admission of Mr. Kirby's loyalty but of 
 the policy "get as get can," regardless of methods, morals or results, 
 so prevalent among political speculators and speculating politicians 
 of which he and Bailey are illustrious examples. Kirby, however, 
 is more open and frank; Bailey more secretive and deceitful. The 
 latter makes great pretentions to political piety but moves with noise- 
 less and gum-shoe tread on his victims.] 
 
 We got out of the Houston Oil Company preferred stock $67.50, 
 for stock that was selling in the market for $35 to $40, so I thought in 
 allowing him $10.00 a share that I was not generous but merely fair. 
 [The question arises, was it Mr. Bailey as an individual or Senator 
 Bailey as Senator who procured so exorbitant a price for the shares 
 of stock in question?] 
 
538 Senator J. JI'. Bailey of Texas Unmasked 
 
 Mr Bailey assumed a personal liability to the Kirby Lumber 
 Company for 8,500 shares of the Calhoun stock [$850,000, par value] 
 and if that should have proved a failure he would have lost it almost. 
 Of course, he would have had the stock which would have been a 
 doubtful asset if these negotiations with Yoakum, Campbell and 
 Pierce had fallen through. 
 
 BAILEY SELLS KIRBY LUMBER COMPANY STOCK AT EXORBITANT PRICES 
 TO RAILROAD MAGNATES. 
 
 There was sold to Yoakum, Campbell and Pierce of the Kirby 
 Lumber Company preferred stock $1,650,000, par value, for which 
 they paid $75.00 a share. I unloaded the Kirby Lumber Company 
 8,500 shares on Yoakum, Campbell and Pierce but the negotiations 
 was with Mr. Yoakum. [Yoakum swore that he dealt only with Bai- 
 ley in accepting this "load."] If the Yoakum deal had fallen through 
 Senator Bailey would have found himself a subscriber for 8,500 
 shares of Kirby Lumber Company stock of doubtful value and not 
 much in his pocket with which to pay for it. At that time it did not 
 have any market value; it would not hardly sell. It was not being 
 dealt in at that time in the market at all. 
 
 Yes, sir; Senator Bailey upon his own responsibility became the 
 owner, by purchase, of 8,500 shares [$850,000] of the Kirby Lumber 
 Company stock which had no market value and if Yoakum and those 
 who represented him had not taken it he would have been left with 
 that amount of stock on hand which had no market value. 
 
 BAILEY BORROWS $156,000, WITH PIERCE'S ENDORSEMENT. 
 
 The witness Kirby: I know in part how Mr. Bailey paid for the 
 8,500 shares of the Kirby Lumber Company stock bought from Mr. 
 Calhoun and afterwards sold to Yoakum and associates. He paid an 
 item of $110,000 to Calhoun and then there was another item of 
 $150,000 or $156,000 through Ladenburg, Thalman & Company. He 
 borrowed some additional securities from me and after this option 
 contract was entered into, he got Mr. Pierce to endorse his note for 
 $156,000, is my recollection. I could not tell all the details as to 
 whether or not Senator Bailey paid for this stock before the Yoakum 
 option matured or not. Mr. Yoakum and his associates did take that 
 stock at $J^.OO per share; there was no market value for it at that 
 time. 
 
 The $156,000 which Mr. Bailey borrowed with Mr. Pierce's en- 
 dorsement in 1903 to aid in the purchase from Calhoun of the 8,500 
 stock was entirely separate transaction from the $153,000 loan which 
 Mr. Bailey negotiated later, at the Riggs National Bank in Washing- 
 ton for the purpose of purchasing the Southwestern Oil Company. 
 
 I don't think Mr. Yoakum has any connection with the Rockefel- 
 ler interests. He may have had, but I think not; I have not been in 
 New York in three years. The time I was there he was not even back 
 door acquaintance at 26 Broadway. [How did Kirby know who the 
 
The Political Life-Story of a Fallen Idol 539 
 
 "back door" acquaintances at 26 Broadway were at that time. He 
 must have gotten his que with references to "back door" acquaintances 
 at 26 Broadway from Coal Oil Joe.] 
 
 Mr. Yoakum, James Campbell and Mr. Pierce owned and con- 
 trolled the 'Frisco Railroad, and I understood it, and after making 
 this deal with me, they sold the 'Frisco Railroad to the Rock Island. 
 
 Mr. Hillard was controller of the 'Frisco Railroad at one time. 
 I think it was at that time. I have an idea that the preferred stock of 
 the Kirby Lumber Company, bought by Yoakum, Campbell and 
 Pierce and standing in the name of Hillard belongs to the 'Frisco 
 Railroad. 
 
 I don't know anything about the investigations recently started by 
 Congress with reference to the alleged lumber trust except what I 
 read in the newspapers. 
 
 It is true that our account with Senator Bailey has been running 
 five to six years and never closed. 
 
 I know young Bayne who is connected with the Security Oil Co. 
 He called on me one day in Houston to get some right of way for a 
 pipe line. I don't know his ofKcial connection with the Security Oil 
 Company, nor do I know whether or not he is the son of S. G. Bayne. 
 [The Standard Oil man of New York who paid Bailey $5,000 to write 
 the charter for the Security Oil Company.] 
 
 Senator Bailey was frequently in New York in January, Febru- 
 ary, April and May, 1903. [The Congressional record shows that 
 Mr. Bailey did not answer to roll call from the middle of January to 
 the last days of February, 1903. During that time he was doubtless 
 living in the atmosphere of "high finance" and perhaps that accounts 
 for the alleged "sore throat" with which he suffered that winter, and 
 •which could not be treated in Washington but required a New York 
 specialist. Perhaps Kirby and Pierce administered cough syrup at 
 the Waldorf-Astoria.] 
 
 KIRBY TALKS OF SOUTHWESTERN OIL COMPANY. 
 
 The witness Kirby (pages 429-435) : The Houston Oil Company 
 bought the Southwestern Oil Company from Frank Bonner. I was 
 president of the Southwestern Oil Company at the time the purchase 
 was made. The Southwestern Oil Company had laid a foundation 
 for a little refinery at Houston. After the Houston Oil Company 
 took it over, it completed that refinery, but it carried the advances that 
 it had made to the Southwestern Oil Company for the purpose of con- 
 structing that refinery on its books as a loan or as an advance to a 
 separate entity, so that there arose an indebtedness from the South- 
 western Oil Company to the Houston Oil Company of something like 
 $153,000. The Houston Oil Company was also indebted to the Kirby 
 Lumber Company, and Senator Bailey was trying to help me get it. 
 Senator Bailey thought he could realize on the note of the Southwest- 
 ern Oil Company, because it was a going concern and a prosperous 
 concern, so it was suggested that the Houston Oil Company close that 
 
540 Senator J. W. Bailey of Texas Unmasked 
 
 account by note, that is, it should cause the Southwestern Oil Com- 
 pany to give its note to the Houston Oil Company for this sum of 
 $153,000, and that it should turn that over to the Kirby Lumber Com- 
 pany as part payment on the amount that the Houston Oil Company 
 owed the Kirby Lumber Company. That was assented to and Sena- 
 tor Bailey took that note and raised the money on it and paid the 
 Kirby Lumber Company to that extent. I do not know where he got 
 the money but I understand he got it at the Riggs National Bank in 
 Washington City. [The witness J. D. Johnson testified that Pierce 
 went Bailey's security at the Riggs National Bank for this money. 
 There was evidently two purposes in view, first to make the collection 
 for the Kirby Lumber Company as against the Houston Oil Company 
 and second to elmiinate the Southivestern Oil Company as a competi- 
 tor of Pierce in tlie oil business in Texas.~\ 
 
 Well, he [Bailey] took the note, with all the stock of the South- 
 western Oil Company as collateral, requiring the Houston Oil Com- 
 pany to pledge that stock so that in the event anything happened to the 
 Houston Oil Comoany, as it appears that at that time could happen 
 and afterwards did happen, that the Southwestern Oil Company 
 would [not] be involved. Afterwards the note became due, or per- 
 haps the note wasn't due, but the Houston Oil Company went into the 
 hands of receivers, and he sold out the stock under, as he had a right 
 to do, under his mortgage note, and became owner of the Southwestern 
 Oil Company stock. Under the sale of this stock Senator Bailey was 
 entitled to control the Southwestern Oil Company and he took posses- 
 sion of it through Andrews, Ball & Streetman, at Houston, and oper- 
 ated it there for some time. The Southwestern Oil Company was re- 
 puted to be worth one-half million dollars and that was its only liabil- 
 ity. He was acting for himself when he bought that note, when he 
 took that liability over, but in acting for himself he was performing 
 a kindly act, and generous one. [For his friend Pierce as well as 
 Kirby, doubtless, but for the people of Texas it meant another chain 
 of commercial slavery to the Standard Oil Company crowd by elimi- 
 nating the only active competitor at that time the Waters-Pierce Oil 
 Company had.] 1 
 
 Ed Taliaferro was manager for part of the time and I think all 
 the time that Senator Bailey controlled the stock of the Southwestern 
 Oil Company. I think Ed Taliaferro had been formerly with the 
 Waters-Pierce Oil Company. Well, Taliaferro was nominally 
 manager but Frank Andrews was controlling the business; he was the 
 power behind the throne. His firm foreclosed the note for Bailey. 
 [Thus we find not only a United States Senator from Texas hand in 
 glove with the Oil Trust but an ex-State Chairman of the Demo- 
 cratic party in practically the same boat, for Kirby was president 
 of the Southwestern Oil Company and then Frank Andrews, State 
 Chairman, appears on the scene as "the power behind the throne." 
 It may be remarked incidently that both of them remained partisans 
 of Coal Oil Joe who says, "If you destroy me you destroy the Demo- 
 
The Political Life-Story of a Fallen Idol 541 
 
 cratic party." May the Lord of battles then pity the grand old 
 partyl] 
 
 I do not know who are the owners of the Houston Oil Company at 
 this time, it is a new set of people. I do not know whether that owner- 
 ship is based on the Waters-Pierce Oil Company or the Standard Oil 
 Company or not. 
 
 KIRBY SAYS SOUTHWESTERN WAS PIERCE'S ONLY COMPETITOR. 
 (Committee Report 439.) 
 
 The Witness Kirby : I was the president of the only oil Company 
 in Texas [Southwestern Oil Company] that was giving him [Pierce] 
 active competition at the time its ouster suit was went into. [The 
 same ouster suit that Bailey helped Pierce circumvent.] 
 
 The Houston Oil Company bought the Southwestern Oil Com- 
 pany [originally] for a consideration of $250,000, and they had ex- 
 pended this hundred and fifty thousand dollars in improving it. [It 
 was for the latter sum, interest and trimmings, that Pierce and Bailey 
 bought it in and after operating it for a year, {killing it as a compet- 
 itor of JVaters-Pierce Oil Company) .^ sold it to one John Shepley of 
 St. Louis, who held some sort of an indistinct connection with the 
 Houston Oil Company after it passed into the hands of "the new 
 people."] 
 
 The Southwestern Oil Company, in which I was president and a 
 stock director, was sold to the Houston Oil Company the latter part of 
 1901, I think. Afterwards all the stock holdings of the Southwestern 
 became stock belongings of the Houston Oil Company because they 
 sold their stock. They got $250,000 of preferred and $250,000 of 
 common, the valuation placed on the property. In fact, after the 
 sale the owners of the Houston Oil Company were the owners of the 
 Southwestern Oil Company. I met Mr. Pierce first, while I was 
 president of the Southwestern Oil Company [a competing concern], 
 and I sold that Company in the summer of 1901, so it must have been 
 at least five years ago, it may have been six or seven years ago. [From 
 February i, 1907.] 
 
 The Southwestern Oil Company as I understand it, is a dead one. 
 [Bailey, Pierce and Kirby killed it for the benefit of the Waters- 
 Pierce, alias Standard Oil.] 
 
 BAILEY AND KIRBY SWAP LOANS FOR $25,000 THROUGH A BOSTON 
 CRANBERRY MERCHANT. 
 
 Examined by Mr. Cocke, (page 436) : 
 
 [At this point Mr. Cocke dug up a batch of papers from his grip, 
 from a Ft. Worth banker, showing that J. W. Bailey had drawn a 
 draft on John H. Kirby, July 31, 1906, for the sum of $25,000. Not 
 only did Mr. Cocke have a letter from the bank to that effect but had 
 leaflets from the bank's books, torn out and sent him by the bank in 
 
542 Senator J. IV. Bailey of Texas Unmasked 
 
 order to avoid being required to have the president of the bank tes- 
 tify-] 
 
 Q. Mr. Kirby, will you kindly refresh your memory as best you 
 
 can and say positively that Mr. Bailey did not draw on you for twen- 
 ty-five thousand dollars on the thirty-first day of July? 
 
 Mr. Odell: If the interrogator is examining this witness from a 
 letter, we would like to have the letter. We can't understand that 
 can be done without letting the counsel have the benefit of it. 
 
 The Chairman : I think it would be fair to show it to the witness. 
 
 Mr. Cocke: I haven't ofifered anything — I think I have the right 
 to retain my private data for my own information. 
 
 A. I think he did, since I come to refresh my mind. 
 
 Q. Well? 
 
 A. Yes, sir; I borrowed of George Smalley, 54 Devonshire 
 Street, Boston, twenty-five thousand dollars for Senator Bailey, and 
 I think he drew on me for the money, and it was probably about June 
 or July of this year, probably so. 
 
 Q. Who is this man in Boston? 
 
 A. George N. Smalley — he is a friend of mine. 
 
 Q. Is he a friend of Mr. Pierce's also? 
 
 A. He is a cranberry merchant; that is, he has got a cranberry 
 bog down on the coast of Massachusetts there near Pautucket, and 
 he has got a lot of pine land. 
 
 Q. Well, then, as a matter of fact, you did not draw on Mr. Bai- 
 ley at all last summer for this rvventy-five thousand dollars; is that the 
 proposition? 
 
 A. Well, I got twenty- five from Washington on bank stock. [ He 
 had just testified that he had gotten this $25,000 from a Washington 
 bank on Senator Bailey's endorsement, not "on bank stock." Mr. 
 Kirby is a very clear headed, ready fellow but he had said that Mr. 
 Bailey had drawn on him for "not a cent;" then when he saw that Mr. 
 Cocke had the papers on him he remembered the "Cranberry mer- 
 chant and his cranberry bog down on the coast of Massachusetts," but 
 finally wound up in confusion. No opportunity was ever afiforded the 
 complainant to examine Mr. Bailey on this interesting transaction and 
 the reader is left to draw his own inferences or indulge his own imagi- 
 nation.] 
 
The Political life-Story of a Fallen Idol 
 
 543 
 
 BEFORE AND AFTER TAKING. 
 
 Before Taking, 1900. 
 
 After Taking, 1907. The Texas Fire-f5y. 
 
544 Senator J. IV. Bailey of Texas Unmasked 
 
 CHAPTER XXIII. 
 
 SENATOR BAILEY AS AN EXPERT DEALER IN 
 RAILROADS. 
 
 JOHNSON TESTIFIES ABOUT MR. BAILEY AND THE TENNESSEE CENTRAL 
 
 RAILWAY CO. 
 
 (Pages 131-140.) 
 
 The witness, J. D. Johnson: 
 
 Mr. Bailey's employment in this matter was prior to the incident 
 at 26 Broadway and at 25 Broad Street in 1905. Mr. Bailey was em- 
 ployed by the Tenessee Construction Company or rather by the three 
 individuals who owned the stock of that company — Mr. Pierce, Mr. 
 Van Blarcom and Mr. Thompson. ^ 
 
 I made a mistake yesterday in saying that I had not seen Senator 
 Bailey probably prior to 1905. I saw Senator Bailey once in a while, 
 prior to that time, and subsquent to that date I saw Mr. Bailey a few 
 times in St. Louis. [Bailey always "missed his train" there.] I do 
 not recall the dates or the number of times. I did not see him as often 
 prior to 1905 as I did afterwards. I generally saw him in my office in 
 St. Louis. It is in the same building as the offices of the Waters-Pierce 
 Oil Company. 
 
 The Tennessee Construction Company was organized by a St. 
 Louis syndicate for the purpose of constructing in the first instance, 
 and afterwards of consolidating the road now called the Tennessee 
 Railroad Company. It took over the Crawfordsville road, together 
 with a very large tract of mineral land. It transferred the mineral 
 land. It organized the corporation called the Briar Hill Colliers, 
 and transferred all the mineral land to the company. The stock of 
 the Briar Hill Colliers vested in the Construction Company. There 
 were mines opened on the Briar Hill Colliers and were operated more 
 or less extensively and actively by that corporation. The stock of the 
 Tennessee Central Railway Company, as I say, was held by the Con- 
 struction Company, too, and also the issue of bonds that was made 
 through the Construction Company — railroad bonds. 
 
 At a certain stage of the enterprise Mr. Van Blarcom took hold of 
 it. He now is president of the National Bank of Commerce, St. Louis. 
 It, up to that time, had proved to be a failure, or, rather, the prospect 
 was it would be a losing venture. Mr. Pierce and Mr. Thompson and 
 Mr. Van Blarcom, as I recollect, had comparatively a very small in- 
 terest in it at that time. Mr. Van Blarcom took hold of it, and he and 
 Mr. Thompson and Mr. Pierce agreed to finance and carry it, if 
 possible, to a successful issue. Mr. Van Blarcom managed the finances 
 altogether, Mr. Thompson and Mr. Pierce leaving them in his hands. 
 
The Political Life-Story of a Fallen Idol 545 
 
 They put up securities and they put up money, as was called for by 
 Mr. Van Blarcom. Mr. Van Blarcom himself put up his own secur- 
 ities and his own money. A great deal of money was borrowed by 
 Mr. Van Blarcom from St. Louis institutions, and the collaterals of 
 the three were given. They were carried along for a great length 
 of time, and an efifort had been made to sell the property, and it had 
 failed, and the gentlemen stood to lose a great deal of money. Mr, 
 Van Blarcom had gotten tired of the management of the property 
 It had a bad future to it, and they had too much money invested to 
 let it go by default. , 
 
 At that juncture it was proposed that Mr. Bailey take charge of the 
 property, with the view of straightening out its finances and disposing 
 of it. That involved great labor, the details of the different cor- 
 porations and the arranging for the taking up of the issue of the rail- 
 road bonds which really represented the value of the property when 
 it went to a sale — in other words, the sale of those bonds would carry 
 with it, practically, the railway property. Those bonds were pledged 
 and held by dififerent institutions, and to devise a definite and satis- 
 factory plan, it become necessary for one to take hold and familiarize 
 himself with all the transactions and get them in shape so as to con- 
 trol the bonds, or put them in a position where the bonds could be sold 
 out. Mr. Bailey took hold of the property. I know that to some ex- 
 tent, from personal knowledge, because I was present at conferences 
 and aided some in some of the details, and he worked it out to a very 
 satisfactory conclusion. A sale was effected whicJi seemed to be satis- 
 factory to all parties concerned. [The real reason for employing 
 Mr. Bailey in this matter was this: The promoters had failed, re- 
 peatedly failed, in their efiforts to unload these properties, as also had 
 the St. Louis Union Trust Company, which had at one time undertook 
 to sell the Railroad. Doubtless they needed a United States Senator, 
 as a sales agent, who could include some political influence in tlie 
 trade, just as United States Senator Bailey, because of liis senator- 
 ship was able to sell $1,600,000. worth of the Kirby Lumber Company 
 stocfi to the Railroad interests when, as a matter of fact, the said stock, 
 according to Kirby's own testimony, was without marfiet value. Pierce 
 knew of the Kirby Lumber Company deal and doubtless thought 
 Bailey could sell the Railroad stock as well. He did sell the Ten- 
 nessee Central Railway properties or rather contracted to sell them, 
 to the Illinois Central to the West and to the Southern Railway to the 
 East of Nashville. That option to sell expires in July 1908. Bailey's 
 commission on the deal, the amount of which he refused to tell the 
 Committee at Austin, saying that "it was no business of the people of 
 Texas," evidently has been and is now dependent upon Harriman 
 and the balance of the Railroad magnates interested. In other words, 
 if Harriman says "yes," Bailey will make a very large sum of money; 
 if Harriman says "no," Bailey will not make it. Thus is Senator 
 Bailey at the beck and call of the Railway interests of the country for 
 hundreds of thousands of dollars, while the people are paying him 
 $7,500 a year to represent them.] 
 
546 Senator J. IV. Bailey of Texas Unmasked ; 
 
 BAILEY SELLS A RAILROAD. 
 
 Gruet informed the proponent of the charges that the St. Louis 
 Union Trust Company had endeavored for some tmie to sell the Ten- 
 nessee Central Railroad Company and at the time Bailey was em- 
 ployed to do as a Senator what the Trust Company had failed to do as 
 an industrial agency. This Trust Company had a written contract au- 
 thorizing it to sell the Railroad properties and that Bailey's name 
 was simply substituted in that contract for the name of the Trust 
 Company. , , • u 
 
 While on the stump receiving his splendid coat of whitewash 
 from the Baileyachers of the Committee of 1907, Bailey had the fol- 
 lowing to say concerning his connection with those properties (pp. 
 874-875.) 
 
 The witness Bailey — I was really employed in December, 1904, 
 but I did not take the matter up actively until Congress adjourned in 
 March, 1905. [Note how he avoids every inference that he was 
 neglecting his public duties.] 
 
 EMPLOYED BY PIERCE. 
 
 Q. Who solicited your service for that company? 
 
 A. Mr. Pierce. 
 
 Q. Where were you at the time? 
 
 A. I was in Washington and he telegraphed me to come over 
 to New York. I went over there and he laid this Tennessee matter 
 before me and wanted me to take charge of it. * * * He then asked 
 me if I would be willing to take charge of it after Congress ad- 
 journed, if it could wait that long. I told him him I would be very 
 glad to do so. I told him, however, as it was a matter in which others 
 were interested, I would not want to take charge of it unless it was 
 entirely acceptable or agreeable to all parties interested, and he sent 
 for Mr. Van Blarcom. Mr. Van Blarcom came to New York and I 
 went back over there. I remember I went there one evening when 
 
 Congress was 
 
 I would go over Friday night and spend Saturday there and re- 
 turn to Washington in time for the session of Congress Monday, 
 and I remember on this occasion that I suggested that Mr. Van 
 Blarcom be there on Saturday and I went over when he came, and 
 went over the matter with him and Mr. Pierce and it was entirely 
 agreeable for him, to him for me to look after it, and I took it up. 
 They sent me the papers or a good many of the papers then, or shortly 
 after that time, and at my leisure during a month or two I would 
 take up these papers and go over them, and I was pretty well famil- 
 iarized with the conditions when Congress adjourned, and imme- 
 diately upon its adjournment I entered actively upon the matter. 
 
 Well, the three men who owned the entire stock of the Tennessee 
 Construction Company were Mr. Pierce, Mr. Van Blarcom and 
 Mr. H. C. Thompson. * * * Mr. Thompson was president of the 
 
The Political Life-Story of a Fallen Idol 547 
 
 Bank of Commerce in St. Louis and Mr. Van Blarcom was vice pres- 
 ident of it. 
 
 The Tennessee Construction Company owned the stock of the 
 Briar Hill Collieries. That was a coal Company organized and op- 
 erating up in East Tennessee, I think in Fentress county, but anyway 
 along the line of this East Tennessee Railroad. [The coal of this 
 Company was subject to the tariff rates of Congress as were also the 
 mail contracts with the Tennessee Railroad Company. Bailey has 
 boasted that he would not own stock in a National Bank under con- 
 trol of Congress. Why, then, should he have a contingent interest in 
 the sale of the Railroad property so large as to cause him to say, "I 
 don't think it is anybody's business."] * * * 
 
 Well, when I was originally called into the case, the Tennessee 
 Central Railroad had not paid the interest on its bonds. Mr. Van 
 Blarcom had organized the company, and he himsself raised the 
 money to relieve it from those debts upon which it was put in the 
 hands of a receiver. It went along then — I think possibly the road 
 had not been completed at that time — that, however, was before my 
 connection with it, and it progressed along. The Tennessee Con- 
 struction Company owed large sums of money to the banks and other 
 financial institutions in St. Louis, some little in Nashville, some in 
 Chicago, and the Tennessee Railroad owed some floating debts; and 
 in Tennessee they could put a property into the hands of a receiver 
 without having to establish a lien against the property, and there 
 was a serious apprehension that on some of these floating debts ap- 
 plication would be made by which the railroad would again be put 
 into the hands of a receiver. I was employed to go and see what 
 about those debts, the validity of them, so far as I could ascertain 
 that, and also to advise whether or not the Tennessee Construction 
 Company should attempt to foreclose its lien under the bonds. I 
 went to Nashville, had the books experted as I thought, I went over 
 the railroad, examined it to see what its physical condition was. / 
 wanted to see the country through which it ran, I wanted to see how 
 well it had been built, I wanted to see its rolling stocks; I wanted 
 to see its terminals, its depots — all that, you understand, was necessary 
 before any man could decide whether there ought to be a foreclosure 
 or not. [Why should they employ a United States Senator to make 
 an expert report on the physical properties of the Railroad and the 
 value thereof F] I examined it carefully; went in a car with the 
 president of the railroad over the whole length of the line, saw every 
 foot of it, and saw its bridges and its trestles and its roadbed. I saw 
 its connection, both with the Illinois Central at Hopkinsville, Ken- 
 tucky. I went back to New York and reported to Mr. Van Blarcom 
 that if they foreclosed on the road and bought it, they would never be 
 able to sucessfully operate it; that it ran east into the jaws of the 
 Southern Railroad, and ran west, a little northwest, into the jaws 
 of the Illinois Central, and that in the nature of things, those roads 
 would determine whether it could live and earn its way or not, and 
 
 II-4 
 
548 Senator J. W . Bailey of Texas Unmasked 
 
 that it seemed to me that the only sensible thing for them to do was 
 for the Tennessee Construction Company to sell its stocks and bonds 
 to the Southern Railroad and to the Illinois Central Railroad. [Of 
 course, it took a United States Senator to tell these money masters 
 what to do with their property.] That both of those systems ought 
 to go into the city of Nashville; that the people of Nashville were 
 exceedingly anxious that they should come; that Nashville was the 
 only city of its size in America having but one system of railroad. 
 You understand they had two lines, the Louisville & Nashville, and 
 the Nashville, Louisville & Chattanooga, but the Louisville & Nash- 
 ville owned both lines, and that I thought the city of Nashville would 
 as a stockholder in this road, and it had subscribed to a million dollars 
 of the stock, would be glad to see the trade made. Well, I didn't 
 know when I tendered that advice that they had ever had the matter 
 under contemplation, that is, the matter of a sale. I found, then, 
 that they had, and that maybe negotiations had been conducted for 
 several months, but had failed. [That is the reason, of course, that 
 they needed a United States Senator with personal and political in- 
 fluence, especially the latter, to do what they had failed to do.] That 
 was really the end of my, of the purpose for which I was originally 
 employed, and then when I recommended this sale, they wanted me 
 to sell it, and I told them that wasn't my business, nor that the part of 
 a lawyer's business; that men with knowledge of railroads and the 
 values of railroads ought to do that, but Mr. Van Blarcom and Mr. 
 Pierce both insisted that I should see what I could do about it, and 
 I did, and sold it. [If "that was not his business nor the part of a 
 lawyer's business," but rather the business of "a man with a knowl- 
 edge of Railroads and values of Railroads," why, then, did Mr. 
 Bailey undertake to sell the railroad property? Answer: "Mr. Van 
 Blarcom and Mr. Pierce both insisted that I should see what I 
 could do about it, I did, and I sold it."] 
 
 Q. Well, about when was this sale consummated? 
 
 A. Well, I think the contract was dated, I think it was made 
 on the 27th of July — I think probably it being made in the middle 
 of the month the papers were drawn as the ist day of July. I drew 
 the papers. 
 
 Q. Well, the Briar Hill CoUeries property, what became of 
 that? 
 
 A. That still belongs to the Tennessee Construction Co. 
 
 Q. Well, now, these new purchasers of the Tennessee Railroad 
 Company, did they commence its operation immediately after its 
 purchase? 
 
 A. Yes, sir: yes, sir. As soon as the papers were signed the 
 property was turned over to them and they began its operation. 
 
 Q. Was there ever at any time any purpose of concealment on 
 your part of the fact that you were attorney for these properties; that 
 is, for the Tennessee Construction Company? 
 
 A. Absolutely none. I am not in the habit of discussing my 
 
The Political Life-Story of a Fallen Idol 549 
 
 clients' business with even my friends, but that I was there everybody 
 could know, and that I was there on that question, everybody could 
 know, and I took a train and went over it, stopped at every station, 
 rode out where I could see every foot of the railroad ; I stopped where 
 ever I wanted them to stop; I remember once I stopped and exam- 
 ined a bridge. [^JVfiat did he know about a bridge or "how soon it 
 might be necessary to replace the wooden trestlesT^I And I also re- 
 member I wanted to see how soon it might be necessary to replace 
 the wooden trestles and I had them stop there, and there was hardly 
 any part of the road that they did not stop on; whenever I was away, 
 I was in New York, the papers were there — we did not, of course 
 advertise our business — but the papers in there, in that city, stated 
 that some transaction was being had about it, that I was there repre- 
 senting the owners of it. 
 
 The Witness Bailey (continuing page 946) : 
 
 Q. Whom did you negotiate with as representing the Southern 
 Railway interest? 
 
 A. I negotiated with the late Samuel Spencer, who was the 
 president of the Southern Railroad. 
 
 Q. What railroad is that? 
 
 A. That is the railroad that runs from Washington to the South- 
 western States. Mr. Fish represented the Illinois Central. * * * 
 
 Q. You say your relation with the Tennessee Construction Com- 
 pany has not terminated yet? 
 
 A. No, sir; because under this contract these people purchased 
 upon a condition and they still have some time in which they could 
 declare the trade off. 
 
 Q. The option? 
 
 A. Yes, sir. If they did declare it off, it would fall back on 
 our hands. It is proper to say in that connection that I have also 
 looked after the personal interest of H. C. Pierce in that matter and 
 I have taken care of the personal interest of Van Blarcom. They are 
 personally interested, their personal interest, in addition to the 
 Thompson estate, consists in the fact that they were at one time the 
 endorsers on a very large amount of paper. I have from time to 
 time reduced that endorsement. Whenever I could get their names 
 off of the paper by renewal and substitutions, I have done it. * * * 
 
 Q. Were you acting as attorney on a salary, or were you acting 
 simply for what you might make out of it on commission? 
 
 A. Well, I was originally called into it, Judge, without any 
 idea of selling it, and while it is a private matter, I will detail that. 
 I was originally called in, as I related here yesterday, with the idea 
 of taking care of it so far as I could as an attorney. [That is by 
 riding over and examining the physical properties of the road with 
 the president thereof.] After I had advised the sale of it, they told 
 me they had been trying to sell it, and they finally told me that a 
 St. Louis trust company had had the power, or had had a contract 
 with it to sell it, and they proposed to give me the same contract, 
 
550 Senator J. II'. Bailey of Texas Unmasked 
 
 and they did. They drew that same contract, substituting my name 
 for the St. Louis financial institution, and — I probably put this in 
 there — when I sold it, I cut the fee half in two. I was entitled to 
 double as much as I took. I did not think I had earned it all, and I 
 declined f* take it all. 
 
 Q. Senator, wou,ld you consider that it was proper to state 
 what your fee was in the Central, in the Tennessee Railroad matter? 
 
 A. / Jon't think that is anybody's business. [If he was ashamed 
 to tell the people of Texas the amount of one-half of that commis- 
 sion, what must we conclude as to the whole amount of the commis- 
 sion he would probably have received had he taken the same com- 
 pensation as had been promised the Trust Company? It is said that 
 the latter sum was $3,500,000 — this would make Bailey's part $1,750,- 
 000. Pierce testified that he turned over to Bailey $13,000,000 worth 
 of securities]. 
 
 "a very delicate situation." 
 
 The Witness Bailey, (continuing) : 
 
 Q. That is selling the properties and redeeming the securities. 
 
 A. Not only that, even if I succeeded in selling the property, 
 they had a very delicate situation. They owed this money. This 
 money was past due, something over three million dollars, and it 
 wasn't easy to secure an extension of that kind unless the railroad 
 could make a better showing than it had made. It had not been 
 able to pay any interest on its bonds, and had not really been able 
 to equip itself and was operating, not at an actual loss comparing the 
 operating expense with the income of it, but still not leaving enough 
 to make necessary improvements on it, and men who have bonds of a 
 railroad like that as collateral are not much disposed to extend it, 
 and particularly when they had as they did have in most cases, the 
 name of H. C. Pierce and the name of J. C. Van Blarcom on their 
 notes. Mr. Pierce and Mr. Van Blarcom were endorsers or guar- 
 antors on something more than three million dollars of that paper, 
 and in addition to representing the Tennessee Construction Com- 
 pany I represented them so far as I could; and there was no incon- 
 sistency in their interest or between their interests and the interests 
 of the Tennessee Construction Company, because they owned *he 
 Tennessee Construction Company in connection with Mr. Thomp- 
 son. * * * 
 
 Q. As I understand it. Senator, you have not finally terminated 
 your attorneyship for the Tennessee Construction Company up to 
 this time? 
 
 A. I have not. There are some matters requiring my attention 
 right now, and I ought to be looking after them. [He seemed more 
 anxious about "looking after" those Railway properties than he did 
 about the fact that Congress was then in session and had been from 
 December 3, 1906 to February 21, 1907, (the date he was testifying) 
 and he barely reached Washington on March 4, 1907, the last day of 
 
The Political Life-Story of a Fallen Idol 551 
 
 the session, but in ample time to collect his mileage of seven or 
 eight hundred dollars and salary for the session, although he had 
 boasted, enroute to Texas via St. Louis the last of November, 1906, 
 that it would take him just forty-eight hours to attend to Davidson 
 and drive the balance of "my enemies" into the Gulf]. 
 
 BAILEY AS A RAILROAD EXPERT. 
 
 Q. Well, now^, then; your service for the Tennessee Construc- 
 tion Company was in brief: At first you went down there and looked 
 over the property and came back and made the report; isn't that 
 about it? 
 
 A. \\^ell, no; at first I went pretty thoroughly through the pa- 
 pers. I did that in the winter of 1904 or 1905, and was pretty 
 familiar with the items of costs and indebtedness, so far as they were 
 exhibited by the books, and then after Congress adjourned, I went 
 down there and looked over the property. * * * 
 
 Q. Well, what you did then was to look over the physical prop- 
 erty of the country, then, the first time, was it? 
 
 A. Yes, sir; I did that as preliminary to advising them whether 
 to foreclose the lien of the mortgage, I mean of the bond. 
 
 In other words, if the property, if I had found the property a 
 completed property in the sense that all the bridges were iron and all 
 of the roadbeds had been well surfaced, and was still intact, and I 
 had found the roadbed a wide one, receiving the ties safely and thor- 
 oughly everywhere, if I had found the depots all completed; if I 
 had found the rolling stock all in good shape; then I would state to 
 these people, "There is value enough here for you to realize your 
 debts, and you had just as well foreclose unless they will pay," be- 
 cause with this kind of property somebody will buy it. 
 
 Q. Now, li'Jiat experience had yoti had as to the value of rail- 
 roads and raikvay property, dependent upon the physical condition of 
 the property and its location and connections with other railroads 
 and all other things that might enter into it? 
 
 A. No experience at all which would qualify me as an expert. 
 I had, however, the common sense to know when a railroad was well 
 built and whether the bridges were iron or to know whether the rail- 
 road bed had been built wide enough to receive the ties. You go to 
 a cheaply built railroad, and very frequently you will find the ties ex- 
 tending over the roadbed. That is always dangerous, and that road- 
 bed must be rebuilt, in a measure, and 1 had sense enough also to 
 know if the railroad ran through a good country it was a better 
 piece of property than if it ran through a bad country, and I had 
 knowledge enough to qualify me to give a judgment and men who 
 had millions of dollars interest in it were willing to act upon that 
 judgment. [Of course the owners of this property put their money 
 into it originally without having this commonplace information]. 
 
 Q. Well, is that, the possession of that common sense and ability 
 to see things, possessed in common by a great number of people? 
 
552 Senator J. IV. Bailey of Texas Unmasked 
 
 A. Well, // ivouU not be modest for me to say that I possess 
 it in a higher degree than other people. 
 
 Q. Well, what about the owners of this railroad, this stock, 
 Mr. Pierce and Mr. , who are the other men? 
 
 A. Mr. Van Blarcom and Mr. Thompson. 
 
 Q. What about their ability? 
 
 A, Well, they are men of rare business ability, but Mr. Thomp- 
 son icas standing on the verge of the grave — he couldn't look after it 
 — Mr. Van Blarcom was charged with looking after the interests of 
 the greatest bank in the Southwest, that is the Bank of Commerce 
 in St. Louis; Mr. Thompson, who was president, was sick and ab- 
 sent, and Van Blarcom, who was vice president, had to discharge 
 his duty. Mr. Pierce is a man with a multitude of things and he 
 didn't have time to look after this. Mr. Pierce, at that time, was up to 
 his ears in other matters, particularly the Mexican Central Railroad 
 matters, that was of very much more importance than this, and they 
 had to have somebody. 
 
 Q. Well, don't these men have in their employ men who not 
 only, in addition to their common sense ability, but the are experi- 
 enced to report on such matters as that? 
 
 A. Neither one of them had any such man as that. [Then why 
 should they apply to a United States Senator without railroad experi- 
 ence to pass upon the physical property and values thereof i"^ 
 
 BAILEY DEALS WITH MORGAN AND HARRIMAN RAILWAY INTERESTS. 
 
 The Witness Bailey, (on cross-examination page 972) : 
 
 Q. Well, now, what effort had been made, you say some St. 
 Louis concern had tried to secure some deal to sell the property? 
 
 A. Yes, sir. 
 
 Q. What was that concern? 
 
 A. The St. Louis Trust Company. 
 
 Q. They had not been able to sell it? 
 
 A. They had not sold it. * * * 
 
 I sold the whole, and then they divided it in the operation and 
 have an agreement among themselves to divide it at the expiration of 
 that contract, that the Southern will take the end of it from Nashville 
 east to Harriman Junction, and the Illinois Central will take the end 
 of it from Nashville west, and a little northwest, to Hopkinsville, 
 Kentucky. I would not have divided it. Suppose they had not ex- 
 ercised their option. I would not have allowed one to have taken 
 one part of it and another take another part. They had to take it 
 as a whole, and when they have it then they can divide it as they 
 please. 
 
 Q. That is the way you understand they are to divide h? 
 
 A. Yes, sir; that is perfectly understood. 
 
 Q. Mr. Spencer, you say, was the president of the Southern? 
 
 A. Yes, sir. 
 
 Q. What particular financial interests did he represent? 
 
 J 
 
The Political Life-Story of a Fallen Idol 553 
 
 A. I don't know, but I always understood it was J. P. Morgan. 
 
 Q. And what interest dominates the Central, the Illinois Cen- 
 tral? 
 
 A. Well, at that time Mr. Fish dominated it. Mr. Fish has 
 since been superseded. It is said that Harriman controls it, and it is 
 said that Harriman is affiliated with the Standard Oil Company. 
 If it was the Standard Oil Company, if that be true, if Harriman is 
 affiliated with the Standard Oil Company interests, then it is true 
 that the Standard Oil Company superseded the man with whom I 
 dealt * * *. The Standard Oil People never owned any inter- 
 est with Mr. Yoakum. 
 
 Q. Well, Mr. Pierce was interested with Mr. Yoakum, was he 
 not? 
 
 A. Oh, yes, sir. 
 
 Q. And Mr. Pierce is said to be interested in the Standard Oil 
 Company? 
 
 A. No, sir; he is not believed to be. Mr. Pierce swears he never 
 owned a share of Standard Oil Company stock in his life. 
 
 Q. JVell, the Standard Oil Company is said to be interested in 
 Mr. Pierce? 
 
 A. Well, if the Standard Oil Company would come and buy 
 stock in a bank down there, that would be the interest of the Standard 
 Oil Company in the bank, but the bank would not be interested in 
 the Standard Oil Company. [But the Standard Oil Company did 
 own and control the majority of the stock of the Waters-Pierce Oil 
 Company and has, in fact, since 1882. Bailey's labored effort to 
 thus shield himself and Pierce by a falacious argument is just an- 
 other one of his miserable subterfuges]. 
 
 The Witness Bailey, (on cross-examination page 986) : 
 
 Q. When does the option on the stocks and bonds of the Ten- 
 ,nessee Construction Company expire? 
 
 A. Well, I really do not think that is any of the committee's busi- 
 ness, but I suppose, as it has been testified to, the parties in interest 
 would have no objection to my saying it expires next July a year. 
 (1908). They had three years from the time the contract was made. 
 [In other word«, Bailey's commission on this deal has depended for 
 three years, and still is depending, on the beck and call of Morgan 
 and Harriman]. 
 
 GRUET SR., ON THE TENNESSEE CENTRAL RAILWAY COMPANY TRANS- 
 ACTION. 
 
 (J. P. Gruet, Sr., testimony, Bailey Investigation Committee Re- 
 port, 209-210) : 
 
 After I left the Waters-Pierce Oil Company, but while 1 was still 
 working for Mr. Pierce, I went down to Nashville and met Senator 
 Bailey there. The Tennessee Railroad ran from Harriman over in 
 the east end to Hopkinsville, up in Kentucky. Harriman, I think, 
 is in West Virginia. I met Mr. Bailev in Nashville on the 5th of 
 July and saw him again sometime in August. 
 
554 Senator J. IV. Bailey of Texas Unmasked 
 
 I do not know what service Senator Bailey was to render the Con- 
 struction Company except what Mr. Pierce told me. 
 
 BAILEY SELLS THE RAILROAD AND DEPENDS ON RAILROAD INTERESTS FOR 
 
 HIS FEE. 
 
 Senator Bailey made a contract with the Illinois Central and the 
 Southern Railroad to take the properties on certain conditions and 
 they are operating them now under that contract. I think for three 
 years they were to operate them at a small payment and at the end 
 of that time elect whether they would complete the purchase or not. 
 [Mr. Bailey refused to tell the 1907 Investigation Committee what 
 his fee in this matter was to be, saying that "it was no body's busi- 
 ness.'"] 
 
 I have met Mr. Bailey in Mr. Pierce's office in New York. I 
 have seen him a number of times in St. Louis at Mr. Pierce's office 
 and in my office when I had this office for the Pierce Investment 
 Trust Company. 
 
 BAILEY COLLECTS INTEREST COUPON ON RAILROAD BOND. 
 
 R. D. Johnson, (Bailey Investigation Committee Report, 1907, 
 pages 355-358) testified: 
 
 Residence — Corsicana, Texas; occupation — merchant. I resided 
 at Fort Worth, Texas, in the year 1905 and occupied the position of 
 bookkeeper in the Western National Bank. Sometimes when they 
 got crowded I helped with the collections. While so employed in 
 1905, there passed under my observation an interest coupon of the 
 Tennessee Central Railroad, bearing the endorsement of J. IV. Bailey. 
 It was for several thousand dollars. I think the collection came from 
 Gainesville. It was to be collected for J. W. Bailey, I guess. It 
 had his endorsement. It had "Tennessee Railroad" on it, and "J. 
 W. Bailey." I remember that it said that this was an interest coupon, 
 interest being payable quarterly on bonds of the Tennessee Central 
 Railroad. It had J. W. Bailey's endorsement on it. That was in 
 January or February, 1905. I have seen Mr. Bailey's signature 
 pretty often on checks. 
 
 Yes, sir, it showed the amount of the bond. I remember it said 
 the amount of the bond — a prety large figure. The reason it im- 
 pressed itself on my mind was that it had the name of the Ten- 
 nessee Central Railroad and J. W. Bailey on it, and having been 
 connected was the reason I remembered it. There was no other 
 endorsement on it except that of J. W. Bailey. // was signed by 
 htm individually, not as manager, nor as president or attorney. 
 
 NASHVILLE AMERICAN ON BAILEV'S CONNECTION WITH TENNESSEE 
 
 CENTRAL. 
 
 The following editorial comment by the Nashville American, 
 the leading daily of Nashville, Tennessee, gives an idea of the view 
 of Nashville people concerning Bailey's part in the manipulation 
 of one of their railroad properties: 
 
The Political Life-Story of a Fallen Idol 555 
 
 BAILEY AND THE SUBSIDY. 
 
 The press dispatches state that in his testimony before the In- 
 vestigating Committee of the House and Senate at Austin, Wednes- 
 day, Senator Bailey went into detail regarding his attorneyship for 
 the Tennessee Construction Company. 
 
 The Tennessee Construction Company was a corporation organ- 
 ized under the laws of Missouri. It was this construction company 
 which agreed to build and equip the Tennessee Central, and turn it 
 over free and clear of all incumbrances, for which it was to receive all 
 the stock and bonds of the Tennessee Central, except the stock re- 
 served for Nashville, Clarksville and Cheatham County. But when 
 the construction company failed to carry out its agreement, and the 
 road was placed in the hands of a receiver, the promoters of the road, 
 notwithstanding the construction company had violated its agreement, 
 proceeded to have $4,200,000 worth of more bonds issued and turned 
 over to the construction company. All this peculiar and unusual 
 method of transacting business by rewarding the construction com- 
 pany for violating its agreement in giving it $4,200,000 worth of ad- 
 ditional bonds, instead of insisting upon the performance of its con- 
 tract, can be explained upon no other hypothesis than that the promot- 
 ers either gladly acquiesced in or brought about the receivership in 
 order to justify the claim that more bonds were necessary. 
 
 The American has always said that the mortgage on the road 
 would be foreclosed and the road sold as soon as the promoters 
 sucked all the blood out of it they could, and our insistence is shown 
 to be correct by Senator Bailey's testimony, wherein he says: "I 
 went back to Mr. Pierce and others interested and told them that 
 it would not be advisable to foreclose on the railroad and take charge 
 of it." From this statement of Senator Bailey it is pretty clear that 
 the promoters had about decided that the McLanahan law suit in the 
 Federal Court, involving Nashville's subscription, would be decided 
 adversely to the railroad company, and a foreclosure of the mort- 
 gage on the railroad had practically been agreed upon. But Sen- 
 ator Bailey was called into consultation, and a postponement of the 
 foreclosure was agreed upon, the McLanahan suit was, in some way, 
 suddenly settled, and the city is asked to contribute her million dol- 
 lars toward the further enrichment of the promoters, even after they 
 have profited by the over-issuance of bonds to the extent of $4,200,000. 
 
 Indeed, would the citizens of Nashville not be laughed at as 
 dupes if they suflfer the city to be virtually euchered out of $1,000,000 
 by a process of maninulating and juggling such as has been prac- 
 ticed by the promoters? 
 
556 Senator J. IV. Bailey of Texas Unmasked 
 
 Senator Bailey is mistaken in his assertion that he sold the bonds 
 in July, 1905, and gave Nashville the needed railroads. The stocks 
 and bonds were not sold. The Southern and Illinois Central have 
 an option on the stocks and bonds, but whether they will avail them- 
 selves of the option remains to be seen, and, if they should, the inde- 
 pendence of the Tennessee Central will be destroyed, for the inevi- 
 table foreclosure will come as soon as Nashville's million is paid and 
 the $500,000 worth of bonds left with the Union Bank & Trust Co. 
 are placed back into the hands of the promoters or their successors. 
 
The Political Life-Story of a Fallen Idol 557 
 
 ANTIDOTES FOR BAILEYISM. 
 
 He who comes up to his own idea of greatness, must always 
 have had a very low standard of it in his mind. — Ruskin. 
 
 The mind of guilt is full of scorpions. — Shakespeare. 
 
 To what deep gulfs a single deviation from the track of human 
 duty leads. — Byron. 
 
 The guilt that feels not its own shame is wholly incurable. — 
 Simms. 
 
 Though it sleep long, the vemon of great guilt, when death, or 
 danger, or detection comes, will bite the spirit fiercely. — Shake- 
 speare. 
 
 Low standards in political life are not only hurtful to purity in 
 present politics, but also militate against the preservation of patriot- 
 ism in the minds of each recurring generation. — The Auihor. 
 
 Guiltiness will speak though tongues were out of use. — Shake- 
 speare. 
 
 The consequences of our crimes, long survive their commission, 
 and, like the ghosts of the murdered, forever haunt the steps of the 
 malefactor. — Walter Scott. 
 
 Fraud and falsehood are his weak and treacherous allies, and he 
 lurks trembling in the dark, dreading every ray of light, lest it should 
 discover him, and give him up to shame and punishment. — Fielding. 
 
 The sin lessens in the guilty one's estimation only as the guilt 
 increases. — Schiller. 
 
 Men, and especially young men, are greatly influenced in their 
 ideals and in their lives by the examples of our public men. It is 
 well that this is so, and more's the reason why a self-governing peo- 
 ple should hold aloft the highest standards of civic virtue. — The 
 Author. 
 
 Hatred is the vice of narrow souls; they feed it with all their lit- 
 tleness. — Balzac. 
 
 Hate no one; hate their vices, not themselves. — J. G. C. Brainard. 
 
 Hell is truth seen too late — duty neglected in its season. — Tryon 
 Kd wards. 
 
 Heroes are not known by the loftiness of their carriage; the great- 
 est braggarts are generally the merest cowards. — Rousseau. 
 
558 Senator J. IV. Bailey of Texas Unmasked 
 
 Money dishonestly acquired is never worth its cost, while a 
 good conscience never costs as much as it is worth. — J. P. Senti. 
 
 To love one's country is to love one's fellow-men, and love of our 
 fellow-men, next to love and reverence for the great Creator, is the 
 highest form and manifestation of religion. — The Author. 
 
 The nation is worthless that will not, with pleasure, venture all 
 for its honor. — Schiller. 
 
 Sense shines with a double luster when it is set in humility. An 
 able and yet humble man is a jewel worth a kingdom. — Penn. 
 
 I believe the first test of a truly great man is his humility. — 
 Rtiskin. 
 
 True dignity abides with him only, who, in the silent hour of 
 inward thought, can still suspect, and still revere himself, in lowli- 
 ness of heart. — tVordsworth. 
 
 Indeed, what higher conception of religion can be formed than 
 is suggested by that injunction: "Love thy neighbor as thyself." 
 — The Author. 
 
 The hypocrite was a man, who stole the livery of the court of 
 heaven to serve the devil in. — Pollok. 
 
 A bad man is worse when he pretends to be a saint. — Bacon. 
 
 He was a man who would say untruths, and be ever double both in 
 his words and deeds. — Shakespeare. 
 
 Hypocrisy is the necessary burden of villainy; afifectation, part 
 of the chosen trappings of folly, the one completes a villain, the other 
 only finishes a fop. — Johnson. 
 
 The best and noblest lives are those which are set toward high 
 ideals. — Ahneron. 
 
The Political Life-Story of a Fallen Idol 559 
 
 CHAPTER XXIV. 
 BAILEY-GATES $28,100 "LOAN" (?) AND PORT ARTHUR. 
 
 (Charges No. 24 and 25.) 
 
 Charges number 24 and25, were as follows : "That during the year 
 1906 said J. W. Bailey had a large financial transaction, including a 
 note for twenty-eight thousand one hundred ($28,100) dollars, with 
 John W. Gates, once of Texas, afterwards of Chicago, and now of 
 New York, involving, as your informant believes, Mr. Bailey's addi- 
 tional connection with large trust interests, perhaps the Wire and 
 Steel Trusts." 
 
 "That during his official career in Congress the said Bailey be- 
 came financially interested in certain enterprises with John W. 
 Gates, formerly of Port Arthur, Texas, and received certain finan- 
 cial benefits in consideration of his official support of certain national 
 legislation afifecting Port Arthur, Texas, and the matter of its ship- 
 ping interests. 
 
 The Witness Bailey (continuing page 915) : 
 
 Q. Did you ever owe Mr. Gates a note for $28,100 Senator? 
 
 A. Yes, sir. 
 
 Q. Has any part of it been paid? 
 
 A. Yes; I paid $15,000 on it. [About three years after it was 
 due and after the market for Bailey's political influence had declined 
 to the point that it was worthlessl. 
 
 Q. If you do not mind telling, where did you get the money to 
 make the payment on that note. Senator? 
 
 A. I borrowed it from the American Exchange National Bank. 
 [The bank where the Waters-Pierce Oil Company keeps its Texas 
 account. Of course, this may be merely a coincidence]. 
 
 It is the bank of which Royal A. F'erris is president. That note 
 was not given in 1906. The statement that I had a large financial 
 transaction with Gates in 1906 is not true, no truth in it, this note 
 was sent to Gainesville. I was away, and when I was advised about 
 it, I was engaged in the campaign of the State then, and I borrowed 
 from Ferris' bank $15,000 and paid on that note. 
 
 Q. The balance of the note is due? 
 
 A. Yes, sir. 
 
 Q. You expect to pay it? 
 
 A. Of course. As a matter of fact, I say it is due — I am to pay 
 it when I sell some horses that Gates and myself own. 
 
 Q. I want to ask you in connection when you got acquainted 
 with Gates? 
 
 A. I have known John W. Gates for ten years, I guess. 
 
560 Senator J. IV. Bailey of Texas Unmasked 
 
 Q. iYou spoke of horses. Were you ever interested with him in 
 any horses? 
 
 A. Why, yes. In the late spring or early summer of 1903, 1 
 think it was, he and I bought some horses. 
 
 JMr. Wolfe : I do not see that diis horse business has got anything 
 to do with it. I think we have had enough horses in this case. 
 
 Senator Bailey: I suppose the Chairman will agree with you 
 on that. 
 
 The Chairman: I do not know as it is necessary to go into that. 
 
 Q. We will pass up the horse business then and get down to the 
 twenty-fifth charge. 
 
 The Witness Bailey (continuing page 916) : 
 
 I want to say there is not a syllable of truth in the statement I 
 ever received any financial benefit, aid or assistance from Mr. Gates 
 or from anybody else with respect to that. [What about the $28,100 
 note? Bailey said the $28,100 note represented another one of his 
 convenient horse trades, but it was whispered about the committee 
 room that it represented the result of a poker game between Gates 
 and Bailey. Is it possible that bribes take the form of poker game 
 transactions? It has been said that the Standard Oil Company pays 
 United States Senators for political influence by having its repre- 
 sentatives become indebted to them through poker games, and that 
 the checks therefor, in serlement of those so-called losses, are finally 
 paid at 2d Broadway.l 
 
 I said [to Congressman Cooper who Bailey was opposing in that 
 Cooper favored Sabine Pass and Bailey favored Port Arth^ir], "we 
 have got to meet these responsibilities, and we have got to decide 
 these questions as they arise, and you leave it to me, I will take the 
 responsibility. / lanll take care of you so far as I can politically, and 
 you just put the whole responsibility on me. I believe these people 
 are entitled to this port of entry and I am going to support it." After 
 some little further conversation in which Mr. Cooper did not take 
 very decided issue with me, indeed, it was rather plain to my mind 
 that he was convinced I was right about it, I went back over to the 
 Senate and I then adopted not my own bill, but a bill that Mason of 
 Illinois had introduced at the request of these other people. [Of 
 course Bailey ''adopted" the bill and the United States Senate had 
 nothing to do with it.] * * * 
 
 The next time I saw Gates — he probably came over there — I said, 
 "Gates, that man Mentz you have here is a fool, and I guess you sent 
 him up here because he is a radical." * * * And I told Gates 
 what he had done about Cooper here, and that it was very offensive to 
 me. Gates said, "All right." * * * "Well," I said, "you know, 
 don't you that all the Republican Senators are against you?" "No," 
 he says, "I do not." I said, "Well, they are and they would not re- 
 port this bill. Frye, the chairman, is against you. Hanna is against 
 you, Elkins is against you, Nelson is against you." I said, "The fact 
 is they are going to beat the bill, and although it is a port of entry 
 
The Political Life-Story of a Fallen Idol 561 
 
 to be established in the State of Texas, they are not going to allow 
 Culberson and myself to control it." Gates said, "That is very funny. 
 Hanna told me he would be for it." "Well," I said, "he is not for it." 
 I said, "You had better see them. I will take care of the Democrats. 
 [This sounds very much like a trade had been made.] * * * You 
 see the republicans." Well, he said he would, and he did go around 
 and saw them, and came back and told me that he had arranged and 
 that they uould all support it. I supposed there would not be any 
 trouble about it, * * * When he came back and told me that 
 these Republican Senators were going to support the bill, I had no 
 further question or apprehension about it. I thought it would go 
 through very easily. When the Congress met next December, I 
 found he was mistaken and I notified him at the first meeting they 
 did not report it, and he either telegraphed me or wrote me to see 
 Mark Hanna and see what he said about it. * * * We had an- 
 other meeting and I tried to force a report and I could not, and then, 
 as my recollection serves me, we adjourned for the holidays, probably 
 about the 20th or 22nd of December. I still had not been able to 
 force a report from that committee. On the 19th of January, i 
 think the record will show — I would not remember the exact date 
 except I read the record here when they had it questioning that man 
 Mentz — on the 19th day of January I inaugurated a movement to 
 force a report on that bill. I stood there and objected to the unani- 
 mous consent as asked by every Republican. * * * j said I was 
 entitled to a hearing on it. Well, finally I forced them to report it 
 and the majority of the committee made an adverse report. Every 
 one of the majority, being Republicans, voted against — that is, voted 
 that the bill should not pass, but any\vay I obtained a report and then 
 I moved to take it up, and Senator Hanna moved to recommit it to 
 the committee. Of course to recommit it meant to beat it, and we had 
 a vote on his motion to recommit. / beat hun one vote in a Repub- 
 lican Senate, but the margin was so narrow it made it hopeless. * * * 
 
 The Witness Bailey, (continuing page 947) : 
 
 Q. Now, when was it, what was the dates or about the date of the 
 time that Mr. Mentz, the old gentleman who testified here, claims 
 that Gates had written that letter to him that is in evidence? 
 
 A. That was in December, 1902. 
 
 Q. Now, what is the probable date of this $28,000 note? 
 
 A. Well, it is in the fall of 1903, September or October. 
 
 Q, Practically a year after that? 
 
 A. Yes, sir; and that note was executed after I had denounced 
 the whole proposition on account of refusing to allow the govern- 
 ment to connect with the canal, and it was the time when I was op- 
 posing the establishment of a port of entry there. [Then, that was 
 the time that Gates found it necessary to make him a modest loan of 
 $28,100]. 
 
 The Witness Bailey, (continuing cross-examination page 954) : 
 
 Q. I believe you stated you have not paid the rest of the Gates 
 note, and that it is not due? 
 
562 Senator J. IF. Bailey of Texas Unmasked 
 
 A. Well, 1 have got some of the horses yet. I do not quite under- 
 stand what it can concern the committee or the public whether I have 
 paid it or not, when it is shown conclusively and positively that it 
 had absolutely no reference to the legislation of Congress as charged 
 in this. * * * Every transaction and every horse trade that any- 
 body can find that I ever had has been brought in here to this com- 
 mittee, to the smallest details of horse trades. [None of the charges 
 refer "to a single horse trade" nor did the proponent of the charges 
 oflfer any proof with reference to "horse trades." His attorneys sev- 
 eral times tried to make it appear that his dealings with people for 
 whom he did work before the Departments at Washington were the 
 outcome of horse trades. In other words, // was a defensive matter 
 and a weak one at thatJ] 
 
 Q. Well, do you think it is improper about these transactions 
 for the committee to inquire into them? 
 
 A. / do, Mr. Jenkins. I think that any transaction that could 
 affect my public service, or be afifected by it, is a proper subject for 
 inquiry, when the committee has been charged, but I do not think 
 when a man trades a horse it should be a matter of inquiry. You 
 have had an instance here. The Chairman of your committee, as 
 honorable a gentleman as lives, has been slandered by the statement 
 that I sought to influence him by the gift of a horse. Now, of course, 
 you know him well enough to know that is an absolute and unadulter- 
 ated lie. * * * 
 
 BAILEY GROWS ANGRY. 
 
 The Witness Bailey, (continuing on cross-examination page 954) : 
 
 Q. But, Senator, if he was under investigation for having re- 
 ceived a horse from vou, and he had a horse, do you think it would 
 be improper to ask him where he got it? 
 
 A. / do. I think it is improper to reflect upon the character of 
 men like Hardy O'Neal on the statement of a man like Car- 
 wile. * * * 
 
 Q. But the point I am trying to get at is this: Suppose there 
 was a legislative investigation of Mr. O'Neal, in which he was 
 charged with having received a horse from you? 
 
 A. If I was a member of the Legislature there would never be 
 that kind of an investigation of Hardy O'Neal. 
 
 Q. No, but there is this kind of an investigation pending. Sup- 
 pose you were on the committee. You may have voted against it, 
 but you w^ere appointed on the commitee. It was shown he had a 
 horse. Do you think it would be improper to ask him where he got 
 it if somebody had said he got it from you? 
 
 -' A. Yes, sir. I think some things ought to be treated as too ab- 
 surd. [It should be remembered that "Hardy O'Neal" was the parti- 
 san Bailey Chairman of the Committee before which these proceed- 
 ings in 1907 were had. He helped to whitewash Bailey (uncon- 
 sciously, possibly) — hence Bailey's great admiration of him.] 
 
The Political Life-Story of a Fallen Idol 563 
 
 PORT ARTHUR PORT OF ENTRY BILL. 
 
 Beaumont, Texas, April 28, 1906. 
 Hon. R. A. Green has received a letter from Senator Bailey dated 
 at Washington, April 24, in which the Senator says he will favor 
 the Port Arthur Port of Entry Bill. — Galveston News, April 27, 
 1906. 
 
 PORT ARTHUR-SABINE PASS CONTROVERSY. 
 
 John H. Kirby, (Bailey Invest. Com. Report, 1907, page 444), 
 testified as follows: 
 
 I am a stockholder in the Houston Oil Company, and the Hous- 
 ton Oil Company has an interest in property at Sabine Pass. 
 
 Q. Very well? 
 
 A. To that extent I am interested in a Texas Harbor. 
 
 Q. Well, did you have that interest at that time that Senator 
 Bailey was your attorney in these transactions about which you testi- 
 fied? 
 
 A. Yes, sir. 
 
 Q. Did you not even appear before committee in Congress for 
 the purpose of presenting the Sabine interests? 
 
 A. I did. I appeared before the Committee on Commerce of 
 the Senate, United States Senate. There was a measure, there was a 
 bill up to make Port Arthur a port of entry. 
 
 Q. Yes, sir. 
 
 A. And Senator Bailey was supporting the bill. I appeared be- 
 fore the Committee in opposition to the bill, and Senator Bailey 
 introduced me, expressed his regrets that he had to lick mc, and pro- 
 ceeded to lick me. [Kirby did not know, perhaps, of the $28,100, 
 loan that Gates, the promoter of Port Arthur, had made Senator 
 Bailey, else he might have understood more clearly why Senator 
 Bailey was under the necessity of "licking" him]. 
 
 GAINESVILLE BANKERS MAKE OATH TO BAILEY-GATES $28,100 NOTE. 
 
 D. T. Lacy on direct examination by Mr. Cocke testified, (Bailey 
 Invest. Com. Report, 1907, pages 6it;-6i7) as follows: 
 
 I have lived at Gainesville, Texas since August 1880; have been 
 in the banking business most of the time since — 24 years, and am now 
 president of the First National Bank. There was a note passed 
 through the First National Bank for $28,100 payable to Gates, dur- 
 ing October or November, 1906, signed by J. W. Bailey, a four 
 months' note. I am familiar with Mr. Bailey's signature and I 
 thought it was his genuine signature. The note did not bear interest 
 or attorney fees. 
 
 Q. How did you come to notice this note? 
 
 Mr. Odell : We object as to how he came to notice the note, 
 your honor. 
 
 The Chairman: Well, just state any fact that occurred in con- 
 nection with it. 
 
564 Senator J. II'. Bailey of Te.vas I'nmasked 
 
 The Witness: By reason of its being past due, I suppose the 
 cashier showed it to me; and he had special instructions and he 
 wanted to know what to do with it. 1 think the note was dated Sep- 
 tember, four months', 1903. I am not positive whether it was Sep- 
 tember, 1902 or 1903. The instructions were — 
 
 Mr. Odell: We object to any instructions accompanying that 
 note, your honor. 
 
 The Chairman: I don't see that that has anything to do with it. 
 
 Q. Where did the note come from? 
 
 Witness: It came from a bank in New York. We did not col- 
 lect it. We returned it by instructions from the people who sent it 
 to us. It had no evidence of security on it, just a plain commercial 
 note without interest and without attorney fees, I think. 
 
 Well, yes, sir; the note was returned the second time, though I 
 did not see it. I know from the cashier that it was returned. Mr. 
 Gladney can testify as to its return. 
 
 BAILEY, THE INSOLVENT, SUDDENLY DEVELOPS INTO A MONEY LENDER. 
 
 The Witness Lacy: I do not know of my own knowledge of any 
 large loans that Mr. Bailey negotiated at Gainesville within the last 
 couple of years. I know it from others. Whateley & Jones done 
 business with the First National Bank and they borrow a good deal 
 of money, and I know they came to me one time and wanted to make 
 some arrangement to pay some interest. My recollection is that they 
 wanted to pay interest on a loan they had made from Mr. Bailey. It 
 was somewhere about $3,000, I think. [It was $3,200, being the an- 
 nual interest at 87^^ on $40,000 that Bailey had loaned them]. 
 
 [Referring to the Bailey-Gates note again] — I told him, the cash- 
 ier, to notify Mr. Bailey who at that time was at Washington City. 
 His private secretary was there in town and he notified him through 
 the mail and in a few days we got instructions to return it, through 
 the New York bank. I think that is the only collection we have had 
 on him in a long time. 
 
 CASHIER GLADNEY ON BAILEY-GATES NOTE. 
 
 (Port Arthur-Sabine Pass "Loan?") 
 
 J. W. Gladney on examination by Mr. Cocke, testified, (Bailey 
 Invest. Com. Report, 1907, pages 617-623) as follows: 
 
 My residence is Gainesville, Texas; my business, banking busi- 
 ness, cashier of the First National Bank — I have been in the banking 
 business 16 years. Sometime in October, 1906, there came under my 
 observation in due course of business a note payable to J. W. Gates 
 and signed by J. W. Bailey for $28,100. The note was two or three 
 years past due and I am not sure about the time. It was a four months' 
 note. It came from the Mutual Bank of New York; that bank is not 
 our correspondent. It was sent to us for collection, with instructions 
 to— 
 
The Political Life-Story of a Fallen Idol 565 
 
 Mr. Odell: We object to what instructions the note — 
 The Chairman: That is hearsay. 
 
 The Witness: We returned it to the bank from whom we got it. 
 We received a telegram from the bank asking us to return it. 
 
 NOTE IS RETURNED WITH $15,000 PAYMENT Ex\DORSED THEREON. 
 
 It came back in the course of three or fours weeks for collection; 
 there had been endorsements made on it for $15,000. The note was 
 not secured in any way, that it showed. It had an endorsement on it 
 of one Mr. Hudson. I notified Senator Bailey through the mail and 
 later saw him and asked him what I should do with it and he said 
 return it, that he would correspond with the parties. 
 
 It was sometime in October, 1906. It was past due, I would say, 
 two or three years. Mr. Bailey gave me no information whatever 
 about it. I think the note was not drawn upon the form of any bank. 
 If I remember correctly, it was a printed note and written the same 
 as any other note might be. [Bailey seemed to keep on hand a supply 
 of plain, four months' notes for the convenience of those seeking his 
 official influence. Four months' seems to be his favorite pay day, but 
 by some strange fatality his notes have unexpectedly turned up unset- 
 tled, years after]. 
 
 SABINE PASS AND PORT ARTHUR PORT OF ENTRY BILLS — BAILEY-GATES 
 AND $28,100 "LOAN." 
 
 Mr. E. B. Mentz, a witness for the complainant, was sworn Feb. 
 4, 1907, and testified (Bailey Invest. Com. Report, 1907, pages 575- 
 600) in substance as follows: 
 
 Direct examination by Mr. Cocke: 
 
 The Witness Mentz: For the past nine months I have resided 
 at Houston, Texas; prior to that time I lived at Port Arthur, Texas, 
 and practiced law in Beaumont. I was raised in New Orleans. Yes, 
 sir; from the years 1900 to 1904 I had business in Washington. I 
 was sent to Washington by the Chamber of Commerce of Port Arthur 
 and the citizens to see if we could get Port Arthur made a port entry. 
 I was there in 1901, 1902 and again in the fall of 1902 and the winter 
 of 1902- 1903 I remained there. 
 
 Yes, sir; I met Senator Bailey when I was in Washington in con- 
 nection with that matter; met him in the committee room meetings 
 — the Committee of Commerce of the Senate. 
 
 Sabine Pass was at that time a subport to the district of Galveston 
 and Congressman Cooper said: "The Treasury Department is 
 against you." He agreed, however, if I could get the recommendation 
 or the approval of the Treasury Department, to introduce that bill 
 for me. Afterwards I got the Treasury Department to recommend 
 it and Mr. Cooper introduced it as "by request." My bill was de- 
 feated by the Ways and Means Committee in the House; and they 
 made a report favorable for a subport. [That is, they wanted to make 
 Port Arthur like Sabine Pass, a subport to the district of Galveston]. 
 
566 Senator J. IV. Bailey of Texas Unmasked 
 
 I was perfectly willing to that because I had the same bill intro- 
 duced into the Senate for the purpose of having it referred to the Com- 
 mittee on Commerce from a substitute for the subport bill or from 
 the House's Ways and Means Committee. 
 
 Well, now, when it came to the Committee of Commerce in the 
 Senate, Mr. Bailey was against us, that is, against Port Arthur. I 
 had been informed by J. W. Gates, who had an interest in this mat- 
 ter, a large property owner there, that I could rely on Mr. Bailey's 
 influence in getting the port of entry bill before the Senate Committee. 
 fFell, I found that I could not rely on it, although he did not say he 
 was positively against it. Mr. Gates sent on his partner, Mr. Hop- 
 kins, president of the Diamond Match Company, and also his agent, 
 George W. Tray, and they arrived in Washington the morning be- 
 fore this bill was coming up before the Senate Committee, and they 
 told us Mr. Bailey would be with us. I told them they were mis- 
 taken and advised them to go to his office for a talk with him before we 
 went into the Committee Room. Well, when they came out they 
 said, ''You are right, he is not for us." [Gates had not yet made his 
 "loan" large enough, perhaps]. Mr. Kirby, I understood, had em- 
 ployed Mr. Franklin of San Antonio. The Kountze Bros, of New 
 York brought a lawyer from New York. Now, I will go back a lit- 
 tle so that you will understand it. The fight was between Sabine Pass 
 and Port Arthur. Their fight was that Port Arthur should be sim- 
 ply made a subport, the same as Sabine was, under the district of Gal- 
 veston, and not the bill that I had introduced for the purpose of mak- 
 ing Port Arthur a full port of entry and Sabine Pass a subport. 
 
 That is what I was working for. It seems that Mr. Kirby in 
 the meantime had bought a half interest in the front of Sabine Pass 
 from Kountze Bros., and now Mr. Kirby — now, I would not know 
 Mr. Kirby if I should see him — I was told he was there. But Mr. 
 Calhoun and Mr. Kountze — and I am told Mr. Kirby — were there, 
 and they appeared before the Committee fighting our proposition. 
 
 For we tried to keep Sabine Pass a subport under Galveston. 
 They made me a proposition that if I would withdraw my bill they 
 would go in and assist me in getting a subport, and place us on an 
 equal footing, you understand, with Sabine Pass, and then in years 
 after which one would be entitled to it should have it. 
 
 Mr. Bailey favored Sabine Pass at that time. That was near the 
 end of the session of IQ02. 
 
 GATES DISAPPOINTED. 
 
 Q. How did Mr. Bailey's attitude before this Committee afifect 
 Mr. Gates? 
 
 A. Before the Committee at that time? 
 
 Q. Yes, sir; was Mr. Gates disappointed in Mr. Bailey's atti- 
 tude? 
 
 A. Oh, yes; he expressed himself as very much disappointed. 
 
 Q. How did he express himself? 
 
The Political Life-Story of a Fallen Idol 567 
 
 A. He expressed himself that Senator Bailey was under obliga- 
 tion to him, and he certainly thought he would support Port Arthur. 
 
 Q. Did he say why Bailey was under obligation to him? 
 
 The Chairman : That is not proper, unless Mr. Bailey was pres- 
 ent. 
 
 Mr. Cocke: We propose to show that Mr. Bailey was under 
 financial obligations to Mr. Gates at that time. 
 
 The Chairman: If you can show that that is all right, but not 
 by what somebody else said. 
 
 (Mr. Cocke requested that the name of John W. Gates be added 
 to a list of Witnesses for whose attachment application has hereto- 
 fore been made, the said Gates being now reported to be at Port 
 Arthur, and that he be notified by wire.) 
 
 Q. Do you know whether or not it is a fact that Mr. Bailey is 
 under obligation to Mr. Gates? 
 
 Mr. Odell: Of your own knowledge. 
 
 The Chairman: Not what anybody else told you unless it was 
 Senator Bailey or somebody in the presence of Senator Bailey. 
 
 A. I can not testify as to what Gates told me. [The witness told 
 the author that he learned from his conversation with Gates, both 
 then and afterwards, that Gates had placed Bailey under financial 
 obligation to him and Bailey had promised gates to support Port 
 Arthur as against Sabine Pass, as Bailey did do during the next ses- 
 sion of Congress, as will be shown further on in Mr. Mentz's testi- 
 mony]. 
 
 GATES WRITES TO MENTZ, "\ HAVE ALL ARRANGEMENTS MADE TO PUT 
 OUR MEASURE THROUGH THIS SESSION." 
 
 (1902-1903.) 
 
 The Witness Mentz: 
 
 Q. Did you go on with that controversy between Sabine Pass 
 and Port Arthur the next session? 
 
 A. Yes, sir. 
 
 Q. Did Mr. Gates write you a letter in December, 1902, with 
 reference to this matter? 
 
 Mr. Odell: We object to what Gates did. 
 
 Mr. Cocke: I propose to show the letter, Mr. Chairman. 
 
 Q. Did Mr. Gates write you a letter? 
 
 A. He wrote me several letters. 
 
 Q. Did he write you a letter on the 3d day of December, 1902? 
 
 A. Well, now, I would not be positive about the date. It was 
 about that. 
 
 Q. Will you refer to that letter that was requested in the sub- 
 poena duces tecum and let me see that letter? 
 
 Senator Looney: I raise the objection that if is immaterial 
 whether he got a letter or not. I do not care what it bears on. 
 It could not be testimony in this case. It is purely hearsay, Bailey 
 not being present. 
 
568 Senator J. IV. Bailey of Texas Unmasked 
 
 Senator Stone: And having no knowledge of the letter. 
 
 Mr. Robertson: It might be a link. 
 
 Senator Looney: You can only prove links by legal testimony. 
 
 You cannot prove any fact only by legal testimony, and it can not 
 possibly be legal testimony in this case unless Bailey knew of it. 
 
 Mr. Cocke: There are allegations here that Mr. Bailey entered 
 into financial arrangements with John W. Gates, by which he became 
 obligated to him and to the interest which he represented, and his ser- 
 vices and influence were thereby — 
 
 The Chairman: Let me see the letter and then I will pass on it. 
 There is no objection to my looking at it, is there? 
 
 Witness: I will let you see the letter. I have been summoned 
 under a subpoena duces tecum. In producing private correspon- 
 dence I want to say that I am very reluctant to do it, and am very 
 sorry that I am summoned here and forced to do it. 
 
 The Chairman (Having examined the letter) : I will let the 
 letter be read. If it made any statement that was binding on any- 
 body I would not permit it. 
 
 Mr. Wolfe: I am objecting to this because I think it is just sim- 
 ply a transaction between two parties. It is hearsay and could not be 
 admissable upon any theory. 
 
 Mr. Cocke: I expect to show a connection. 
 
 Mr. Wolfe: I have not seen the letter, have seen nothing of it, 
 and I do not care to see it, and I do not care what ts in it, it could not 
 be admissable on any theory. Then if the Chair is right in saying it 
 does not amount to anything, it is irrelevant and immaterial and 
 ought not to be admitted on that ground. 
 
 The Chairman: Well, he states he proposes to connect it with 
 some other circumstance, and I will let it go in on that ground. You 
 have a right to appeal from the Chair. 
 
 The letter referred to was read as follows: 
 
 "Port Arthur, Texas, Dec. 3, 1902. 
 "Dear Mr. MeNTZ: / have all arrangements made to put our 
 measure through this session, and hope you will do nothing until I 
 can see you. I will be in Washington early in January. 
 
 "Yours truly, 
 (Signed) JOHN W. GATES." 
 
 Q. Was this letter written in December, 1902, after the close of 
 the session in the summer of 1902, about which you spoke awhile 
 ago? 
 
 A. Yes, sir; several months after. 
 
 Q. What arrangements did Mr. Gates refer to in this letter in 
 stating he had made all arrangements? 
 
 The Chairman: State of your own knowledge any fact you 
 know. You are a lawyer, are you not? 
 
 A. Yes, sir. 
 
 The Chairman: Well, state only things you know. 
 
The Political Life-Story of a Fallen Idol 569 
 
 Mr. Cocke: You may know without giving the conversations. 
 
 Mr. Odell : We do not want any conclusions or opinions. 
 
 The Chairman: Just state the facts, not conclusions you drew 
 from any conversation with Mr. Gates when Mr. Bailey was not 
 present and had no knowledge of it. 
 
 Witness: There was nobody present but Mr. Gates and myself, 
 only he told me that was his position. I could only tell what he told 
 me. 
 
 Q. While you were there representing the Chamber of Com- 
 merce and citizens of Port Arthur? 
 
 A. Yes, sir. [Gates told the witness that he had "made ar- 
 rangements with Bailey" for the latter's support and influence, but 
 the Committee would not allow Mentz to testify to what Gates told 
 him, although the author tried by telegram from the Committee to get 
 Gates to Austin. Gates apparently skipped out and wired back from 
 Louisiana he could not come.^ 
 
 The Witness: 
 
 Q. Were you familiar with the efforts, from time to time, on the 
 part of Mr. Gates and other citizens, of Port Arthur, to secure Port 
 Arthur as a port of entry? 
 
 A. Yes, sir; I was. 
 
 Q. Are those the arrangements referred to by Mr. Gates in this 
 letter? 
 
 Mr. Odell : I object to that because that is his conclusion. 
 
 The Chairman : I sustain the objection. Any fact you know of 
 that comes within your knowledge of Senator Bailey there — 
 
 BAILEY SPENDS WINTER OF 1902-1903 IN NEW YORK AWAY FROM 
 OFFICIAL BUSINESS AT WASHINGTON. 
 
 Q. Well, we will proceed a little and then come back to this. 
 Was Mr. Bailey in Washington attending Congress during the 
 month of December, 1902? 
 
 A. He was not, unless it was the last two or three days of the 
 month. I do not think that he returned. They said he was in St. 
 Louis until after the holidays. 
 
 Q. Congress was in session? 
 
 A. Congress was in session. 
 
 Q. Do you know whether or not that is the time Mr. Kirby had 
 employed him in his matters? 
 
 A. Yes, sir. 
 
 Q. Was Mr. Bailey in attendance on Congress, and if not, to 
 what extent was he absent during the winter? 
 
 A. He came to Washington some time after, or about the ist of 
 January. He came there about the ist of January or a little later, 
 and remained a few days. I had a conversation with him relative to 
 this measure, and I wanted to get it up. He seemed to be anxious 
 to get it up. He said he was very anxious to t^et it up, and he was in 
 favor of the measure being passed. 
 
570 Senator J. IV. Bailey of Texas Unmasked 
 
 Q. I'hat is the Port Arthur bill? 
 
 A. That is the Port Arthur bill, the one he had opposed the win- 
 ter before; but in a few days after that he went to New York. Then 
 he returned again and stayed a few days. 
 
 Q. How long was he gone the first time? 
 
 A. He was gone about a week, and then he returned and then 
 he went back. 
 
 Q. How long did he stay in Washington when he returned that 
 time, after he had been in New York a week? 
 
 A. About a week, I think. I can not remember exactly, you 
 know. 
 
 Q. You say he went back to New York? How long did he stay 
 that time? 
 
 A. He stayed awhile that time. 
 
 Q. Well, how long? 
 
 A. Well, several weeks. 
 
 Q. Well, five weeks, six weeks? 
 
 A. Well, I would say anywhere between four and five weeks. I 
 can not say just how long. I was interested in getting the measure 
 up, and it was some little time that he was away. 
 
 Q. Four to six weeks you say? 
 
 A. Four to six weeks, somewhere about that time, but he might 
 have been back during that time, you understand, in his office. 
 
 Q. He was not available for the purpose of this hearing? 
 
 A. No, sir. 
 
 BAILEY CHANGES FRONT. 
 
 Q. Why did you keep up with his movements? 
 
 A. Because the people were pressing me to get the thing brought 
 before the committee and have it attended to. 
 
 Q. And you expected his assistance before the committee? 
 
 A. I did. 
 
 Q. Did he finally come back and assist you? 
 
 A. He did. He appeared before the committee in the interest 
 of the bill. 
 
 Q. This is the same bill he had opposed the session before? 
 
 A. Yes, sir. 
 
 Q. Then did Mr. Bailey continue in support of the Port Arthur 
 bill until it was finally passed? 
 
 A. Well, there was some little trouble, you understand, with the 
 committee, and the committee refused to make the report, and the 
 Record shows that Mr. Bailey returned to the Senate and asked the 
 Senate to take the bill from the Committee and report it, and from 
 that there was considerable trouble and from that time on the bill 
 dropped. I had a conversation with Mr. Bailey after that when he 
 returned from New York, and I believe the remark he made was 
 that Gates' friends did not stand by him in the Committee — some re- 
 mark of that kind. I think that was about it. I do not want to say 
 
The Political Life-Story of a Fallen Idol 571 
 
 anything that I do not know positively. That was pretty well along 
 towards the latter part of the session. Then I went in and tried to 
 get the bill up, and then we dropped it for that session. 
 
 Q. Was Colonel Cowart of Dallas in Washington during the 
 winter of 1902 or 1903? 
 
 A. Yes, sir. 
 
 Q. Did he go over to New York to see what was the matter that 
 Mr. Bailey did not come back and help you with that bill? 
 
 A. It was his own interest, you understand. At least, that is 
 what he told me. 
 
 Q. What did he report when he came back from Mr. Bailey? 
 
 The Chairman: I think that is objectionable. 
 
 BAILEY EXPLODES AND CRIES "LIAR." 
 
 Mr. Cocke: I want to show, Mr. Chairman, that Mr. Bailey 
 was over there on the ground that he was having his throat treated, 
 but was in fact attending to the Kirby Lumber Company's matters, 
 neglecting his duties at Washington. 
 
 The Chairman: If you can prove that as a fact, it is all right, 
 but you will not prove it by what somebody said about it. 
 
 Mr. Cocke: Then we will ask for a telegram to be sent to Mr. 
 Cowart. 
 
 The Chairman: You can file your application for it. 
 
 Senator Bailey: There is no use sending for Mr. Cowart. It is a 
 lie, anybody saying that Mr. Cowart came to New York for me. 
 
 Witness: What is that? 
 
 Senator Bailey: I say anybody that says Mr. Cowart came to 
 New York for me — 
 
 Witness : Do you mean to say I told a lie? 
 
 Senator Bailey: If you say that I do. 
 
 Witness: Gentlemen, I don't want to be insulted. I was stat- 
 ing what I was told. That is all. 
 
 The Chairman: Gentlemen, I don't want any more such re- 
 marks. 
 
 Witness. / am able to take care of myself. 
 
 Senator Bailey: Mr. Chairman, of course, you understand that 
 I don't want to be offensive to the committee, but I will not sit here 
 and hear men ask such questions or tell such lies and submit pa- 
 tiently and tamely. Now, this witness does not know anything about 
 what Mr. Cowart did, except what Mr. Cowart may have told him. 
 
 Witness: That is all I say; that is all I was going to say. 
 
 Senator Bailey: Mr. Cowart did not come to New York to see 
 me at that time. The question implies that I was there pretending to 
 do one thing when I was doing another. That is a lie. 
 
 Witness: Now, then, I sav this in answer to this, that when Mr. 
 Cowart said when he returned from New York, he made this state- 
 ment to me in the presence of Henry Bass of Port Arthur, who was 
 there at that time, and he called me aside and made me this statement 
 
572 Senator J. IV. Bailey of Te.vas Unmasked 
 
 in his presence. Now, I am just stating this for the purpose of 
 showing that 1 didn't ask to be permitted to state it, because I am not 
 here for the purpose of giving any testimony. / am here reluctantly, 
 I didn't want to come. I did not obey the first subpoena, but as the 
 questions are propounded, I want to state them just as I know them. 
 It was only hearsay on mv part. I will tell nothing but the truth, 
 and so help me God, I will allow no man to call me a liar. 
 
 The Chairman : Have a seat, he hasn't called you a liar — he says 
 that statement — I hope we won't have any more scenes before the 
 Committee. 
 
 Senator Bailey: Mr. Chairman, perhaps I owe the committee 
 an apology. I ought to have said that outside of the Committee 
 room. I have submitted for two weeks to every kind of insult in 
 these interrogations and some of these answers, and a man can be 
 rubbed on one place, even lightly, until he gets sore, and I have about 
 reached that point, and while I want every witness to state everything 
 that he knows, I don't propose to sit here and hear witnesses saying 
 things that they do not know themselves, and things that I do know 
 are lies. I do know that Mr. Cowart did not go to New York to see 
 me during that time, or any other time, about my public duties or any 
 matter pending in Congress. 
 
 Mr. Cocke: Mr. Chairman, I take it that Mr. Bailey will have 
 an opportunity to make his explanation with reference to these mat- 
 ters. Naturally I feel that it is my duty to ask such questions as to 
 my mind will elicit the truth. If they are objectionable, Mr. Bailey 
 has able counsel here, and they in an orderly manner may make the 
 objections, and the Chair and the Committee will doubtless make 
 such rulings thereon as to them shall seem proper and right. I take 
 it that every man who enters this committee room submits himself to 
 its authority, and I am acting on the assumption that this committee 
 is conducting this matter as it sees proper and right, without reference 
 to the feelings necessarily of any man, and because these questions, 
 and because the facts they elicit, and because the charges here pend- 
 ing, reflect upon any man, is in the nature of things a necessity. 
 
 The Chairman: Proceed with this witness. 
 
 M r. Wolfe : I want to say one word, the whole trouble about this 
 is attempting to prove something that isn't admissible. 
 
 The Chairman: I have been trying to keep out hearsay testi- 
 mony to keep down trouble like this. 
 
 A. I want to say this, if I said anything here that reflects upon 
 anybody, I regret it, but at the same time you all know that I am not 
 a willing witness in that matter. 
 
 Mr. Odell : No, we don't know that, we will see about that later 
 on. 
 
 A. Well, I am speaking of the conduct^I have no interest in 
 the matter; I have no interest, and therefore I want to answer only 
 such questions as are proper. 
 
 The Chairman: Gentlemen, I will state this, I am going to be a 
 
The Political Life-Story of a Fallen Idol 573 
 
 little more rigid hereafter with the testimony taken. If a question is 
 asked that is illegal, 1 am going to rule it out. / am going to try to 
 keep down scenes before the committee. I think it is proper that I 
 should. 
 
 Q. What did you do, Mr. Mentz, after you received this letter 
 from Mr. Gates? 
 
 A. I remained there in Washington as requested. 
 
 Q. Until he came on in January? 
 
 A. No, he didn't come in January as he said he would, he didn't 
 come until later. 
 
 Q. Well, Mr. Bailey finally appeared before the committee, did 
 he, in behalf of the Port Arthur Bill? 
 
 A. Yes, sir. 
 
 Q. I believe that's all — now as to any monetary dealings, if any, 
 you haven't any personal knowledge? 
 
 A. I have no personal knowledge. 
 
 Q. Between Mr. Gates and Mr. Bailey, or between Mr. Bailey 
 and the president of the Diamond Match Company. 
 
 A. No, sir. [After a long cross-examination by Mr. Odell, Ml. 
 Mentz affirmed and re-iterated the foregoing testimony and varied 
 it only by saying, after his attention was called to it, that Mr. Bailey 
 attended the session during a part of December; that he, Mentz, did 
 nothing during the month of December but wait for Gates' arrival in 
 accordance with the instructions given him in Gates' letter of Decem- 
 ber 2nd; and beginning with the first of January he tried repeatedly 
 to find Mr. Bailey but usually found that he was in New York. That 
 was the time that Air. Bailey pretended to go to New York for throat 
 treatment but incidently he managed to make approximately $200,000 
 out of Kirby, Yoakum and Pierce and Campbell. How much more 
 he made, while the people of Texas were paying him to attend to their 
 business, will remain undiscovered to the end, inasmuch as the Com- 
 mittee concluded its labors without getting the testimony of Pierce, 
 Gates and many others in St. Louis, Washington and New York, who 
 might have thrown great light on many of these transactions and per- 
 haps disclosed many more.] 
 
 The Witness Mentz (On cross-examination) : The substance of 
 my conversation with Mr. Bailey, at the time he first gave me to un- 
 derstand that he was against the Port Arthur bill, was that he was not 
 in favor of the bill. Then he turned around to his desk and said, 
 "Now, here is my correspondence, and here is a letter from my friend 
 Kirby." I was disappointed when I found he was not favoring Port 
 Arthur because I had been lead to believe that he was favoring it. 
 [He was probably just waiting for Gates to "put up."] 
 
 Q. When did you write Mr. Cocke the last time? 
 
 A. Mr. Cocke? 
 
 Q. Yes. 
 
 A. / never wrote Mr. Cocke a letter in my life, and never saw 
 Mr. Cocke until this morning. 
 
574 Senator J. IV. Bailey of Texas Unmasked 
 
 I will say further, I went there [Bailey's office, while he was 
 spending so much time in New York instead of at Washington] r.vo 
 or three times. Senator Bailey told me, "Well, now we are busy and 
 1 will be here in a day or two." I met the Senator and he said, "I got 
 a letter from Johnny" — I suppose he meant John Gates — and "we can 
 not get this matter up." I did not see the Senator for some little time. 
 / Jon't say he u^as away all the time. I say I did not get to see him 
 until about the time this was coming up. [That was well on in the 
 session of 1903.] I have gone there when he was not there [to his 
 office] and I went to the Senate Chamber and been informed that he 
 was in New York. It was frequently during the whole session, 
 [That is December. It is significant that this witness testified also 
 that when he first began to inquire for Mr. Bailey early in January, 
 1903, he was told that Bailey was in St. Louis. It will be remem- 
 bered that this was about a month or six weeks after Kirby em- 
 ployed Bailey and it was about January, according to Kirby's testi- 
 mony, Pierce endorsed Kirby's note at the Mississippi Valley Trust 
 Company for $150,000. Bailey, perhaps, first went to St. Louis, after 
 Kirby hired him, and laid the whole thing before Pierce. It is cer- 
 tain that afterwards these wheels within wheels all seemed to run 
 smoothly, and Bailey, for the first time, began heavy purchases of real 
 estate in and around Lexington, Kentucky, where he had therefore 
 kept his racehorses upon a leased farm.] 
 
 There was nothing occurred from the time he did oppose it until 
 he favored it — no change in the physical situation that would make 
 any difference. Afterwards Senator Bailey, as the chief spokesman 
 for the Port Arthur bill in 1903, on his return to New York, left Sen- 
 ator Berry in charge of the bill. [Not being in regular attendance on 
 his duties at Washington, but rather in New York dealing in the 
 Trust mysteries, Bailey must needs turn over his duties to Berry or 
 someone else.] 
 
The Political Life-Story of a fallen Idol 575 
 
 CHAPTER XXV. 
 BAILEY AND A SUBSIDIZED PRESS. 
 
 Charge number 34 was as follows: "That the said J. W. Bailey 
 is financially interested in the Fort Worth Record, a daily newspaper 
 published in Fort Worth, Texas; that he is directly financially and 
 politically interested in the editorial and news policies of the Austin 
 Daily Statesman and Houston Daily Post." 
 
 The witness Bailey (continuing p. 914) — 
 
 I do not and never did in my life own five cents worth of interest 
 in the Austin Statesman [but his friend Kirby does], or in the Hous- 
 ton Post [but Johnson does.] 
 
 I do own ten thousand dollars' worth of stock in the Fort Worth 
 Record. I had two motives in taking that stock. One was to help 
 Clarence Owsley, whom I consider one of the greatest editorial writ- 
 ers in the United States and one of the most lovable of men. He is a 
 friend of mine. The second motive was that I wanted to see a Demo- 
 cratic Newspaper established in the northern part of the State. 
 There was no great daily paper there except the Dallas News, which 
 does not pretend to be a Democratic newspaper, and which, if it did 
 pretend to be, everybody would know it was not. [Bailey in his 
 speeches in the fall of 1906 often referred to that great newspaper, 
 the Dallas News, as "the scarlet woman of Texas journalism." In 
 spite of this, however, the News, true to the policy of giving the 
 people all the news without color or hindrance, has been extremely 
 fair to Bailey both in its news items and editorial columns.] 
 
 I believe that if a newspaper like that is left to educate the youth 
 of the land, that finally all Texas Democrats would be of the Dallas 
 News variety, which, to my mind, means no Democrats at all, and I 
 was very anxious to see a Democratic newspaper established in the 
 northern part of the State, and I contributed to the extent of my abil- 
 ity, and I would have contributed more if it had been necessary, and 
 I had been able. 
 
 The witness Bailey (on cross-examination p. 988) — 
 
 Q. (by Judge Wolfe) : I clipped this [article criticizing Bai- 
 ley and his rate bill methods] from the Chronicle. 
 
 A. (Bailey) : I would just about as soon you would read to me 
 from the Police Gazette. It is quite as respectable. 
 
 Now, I will ask you in that connection if you have, or would you 
 request Mr. Pierce to come to subject himself to the jurisdiction of 
 this committee under these circumstances? 
 
 A. I have not asked him, and I would not ask him, Senator 
 Looney. I would not put myself in the attitude of asking any man in 
 the world for my accommodation to come and submit himself to ar- 
 
576 Senator J. IV. Bailey of Texas Unmasked 
 
 rest and prosecution for a felony, and particularly when I believed 
 the prosecution was a part of a political program against me. [The 
 difference between Gruet, Bailey and Pierce is that Gruet frankly ad- 
 mits that for years he was the hireling of Pierce and the Standard Oil 
 Company, that he and his family mi^ht have bread, whereas Bailey 
 and Pierce repent not, neither do they confess their sins, but like the 
 Pharisee of old "Thank God that they are not as other men are, ex- 
 tortioners, unjust, adulterers, not even as this Publican." 
 
 BAILEY OWNS STOCK IN TEXAS NEWSPAPER. 
 
 MR. CLARENCE OUSLEY 
 
 Editor of the Ft Worth Bailey Record, otherwise known as the Ft. 
 Worth Record, was sworn and testified (Bailey Invest. Com. Report, 
 pp. 413-418), in part as follows: 
 
 Have lived in Fort Worth about three and one-half years. I am 
 Editor of the Record which was chartered in May or June, 1900, with 
 the authorized capital stock of $1 ^0,000, the paid in stock being $90,- 
 cxx). At the time of the organization. Senator Bailey subscribed to 
 $8,000 of the capital stock and when it was increased he took an addi- 
 tional $2,000 to relieve my distress in the matter of a failure of a mu- 
 tual friend to take up the $2,000 for which he had subscribed. After 
 the additional $2,000 was issued to him he surrendered the two certifi- 
 cates and had a certificate for $10,000 issued in my name and turned it 
 over to me to be used at my discretion and voted by myself, and that 
 is the way the stock stands now. He has the stock and is the owner of 
 it. Yes, sir; R. M. Johnson of the Houston Post is a director. 
 
 I do not know whether or not Senator Bailey is in any wise inter- 
 ested in the Austin Statesman. I control the vote and majority of the 
 stock in the Fort Worth Record by my holdings and the holdings of 
 friends which I represent. I came to Austin [to assist Bailey in his 
 fight first against the investigation and second for the whitewash.] the 
 day the legislature met. I was here from the time I arrived until Fri- 
 day night last week with the exception of two days at dififerent times 
 which 1 spent at home; almost continuously for the most of three 
 weeks, for the greater part of three weeks. [His senatorial idol was 
 in great need of outside support.] 
 
 Among those I found here undertaking to assist Senator Bailey by 
 conferences and consultations were the following: Mr. Hanger 
 [W. A. Hanger, afterwards one of his lawyers], Mr. Jones [T. N. 
 Jones also one of his lawyers], Mr. Lemmon of Sherman and Mr. 
 Sandford of Sherman ; Col. Jot Gunter, Col. Johnson [of the Houston 
 Bailey Boast] ; I recall that Mr. Radney and Mr. Standford and Mr. 
 John Wortham were present. Those, I think, were the most active. 
 / saw Mr. McNullty several times around the hotel. [Secret service 
 man of the Waters-Pierce Oil Company in Texas known as their 
 Special Agent, being their legislative spy "and general roustabout," 
 who was recommended for his position to H. Clay Pierce by the 
 Standard Oil Senator from Texas.'\ 
 
The Political Life-Story of a Fallen Idol 577 
 
 FT. WORTH RECORD AND HOUSTON POST PUBLISH THE SAME EDITORIAL 
 SIMULTANEOUSLY, DECEMBER 8, 1906, IN DEFENSE OF BAILEY. 
 
 The Witness — [being recalled, pp. 823-824]: Yes, sir; 1 was 
 here in Austin at the time Mr. Bailey was preparing his reply to the 
 Attorney-General. [December 5-7, 1906.] Col. R. M. Johnson 
 was here a part of the time — the greater part of the time, ff'e were 
 both in consultation with Mr. Bailey. I recall the editorial exhibited 
 to me in the Ft. Worth Record of Dec. 8th, 1906, entitled "The Fight 
 on Bailey." I don't recall who wrote the editorial, my recollection 
 is that we got it from the Post. I did not have anything to do with the 
 preparation of it. / think we ^ot it from the Post. 
 
 Yes, sir; this editorial in the Post of December 8th, entitled "The 
 Fight on Bailey" seems to be the same without checking it up line for 
 line. It is an editorial in defense of Bailey. 
 
 R. M. JOHNSON, OF THE HOUSTON POST, ADMITS RUPTURE WITH THE 
 SAN ANTONIO EXPRESS OVER BAILEY NEWS ITEMS. 
 
 MR. R. M. JOHNSON 
 
 (Bailey Invest. Com. Report pp. 418-421), testified in part as follows: 
 
 Q. You speak of an exchange of news contract? 
 
 A. Yes, sir. 
 
 Q, Between your company and that of the Fort Worth Record? 
 
 A. Yes, sir. 
 
 Q. Has the San Antonio Express until recently been a party to 
 that arrangement also? 
 
 A. They have. We have got that now with the Express. 
 
 Q. Has there been any rupture within the last few days? 
 
 A. There has. 
 
 Q. On the ground that the Express wasn't getting the real news, 
 as it contended? 
 
 A. No, no; I don't know about that, but the rupture occurred in 
 this way, that we didn't believe that matters were bein^ handled here 
 according to our notion or the way we thought they ought to he 
 handled. There was some objection raised, and the managing editor 
 of the Express said we had better break up this legislative combina- 
 tion. 
 
 [The managing editor of the San Antonio Express found out that 
 the Houston Post correspondent at Austin was not giving them the 
 testimony in an unbiased way, and while the Express never has been 
 decided, one way or the other, in this controversy, the miss-representa- 
 tions of the Post and Record were so outrageous as to cause the Ex- 
 press to break loose from that combination at the time.] 
 
 COLONEL JOHNSON ADMITS THAT A NOMINEE MIGHT FALL FROM 
 
 GRACE. 
 
 The Witness : I came here on Monday, the dav before the Legis- 
 lature met. I favored an investigation speaking for myself, and I 
 
578 Senator J. W. Bailey of Texas Unmasked 
 
 think that was Senator Bailey's position, that he was in favor of a 
 proper kind of an investigation. [The kind that would guarantee 
 him a whitewash.^ 
 
 Q. Just one other question — is there anything a Democratic nom- 
 inee could do that would swerve your paper from its support of hirn? 
 
 A. Yes, sir. If you would show me that Senator Bailey is dis- 
 honest, I would quit him. 
 
 Q. IVell, suppose he collected that money as a fee, not a loan, and 
 concealed the fact for six years and it is proven true, would you think 
 a Democratic paper ought to support him in the face of thad? 
 
 A. / would say, no I don't. 
 
 E. 1. IMBODEN "marries" THE AUSTIN STATESMAN. 
 MR. E. I. IMBODEN 
 
 was called as a witness for Bailey and examined by Odell. He testi- 
 fied (Bailey Invest. Com. Report, 1907, pp. 553-555), in part as fol- 
 lows : 
 
 Have been editor of the Austin Statesman since January ist, 1907. 
 
 By Mr. Cocke: 
 
 Q. How long have you adorned the editorial seat of the Austin 
 Statesman? 
 
 A. I don't know whether I have adorned it at all or not; I have 
 occupied it since the 3 1st day of December, 1906. 
 
 Q. Well, on the question of ornamentation you decline to render 
 an opinion? 
 
 A. I may state that there is not much ornamentation to it. 
 
 Q. You were imported here, for this special occasion,were you 
 not? 
 
 A. I was not. 
 
 Q. Are you the permanent editor of the paper? 
 
 A. I am, sir. 
 
 Q. You don't know whether you will continue or not do you? 
 
 A. I have a contract to continue. 
 
 Q. Who has been the editor of the Austin Statesman for some 
 years? 
 
 A. Mr. AsherG. Smoot. 
 
 Q. Is it not a fact that he retired from that position temporarily 
 because he would not direct the editorial part of it according to the in- 
 terests of Mr. Bailey? 
 
 A. It is not a fact. 
 
 Q. Isn't it a fact that Mr. Bailey is politically interested in the 
 editorial and news policies of any paper that will fight his battles for 
 him? 
 
 A. He has no interest, financially or otherwise — 
 
 Mr. Jenkins: I think that is an opinion. 
 
 The Chairman: I sustain the objection. 
 
 Mr. Green : Has your conduct generally been good? 
 
The Political Life-Story of a Fallen Idol 579 
 
 A. I have tried to make it so. 
 
 By Mr. Senter: 
 
 Q. Who owns the Statesman? 
 
 A. My understanding is that Mr. John H. Kirby of Houston 
 owns practically all the stock in the Statesman. I want to say this in 
 connection with that charge : That I have never discussed the editor- 
 ial policy of the Statesman with Senator Bailey, nor have I ever dis- 
 cussed Senator Bailey with Mr. Kirby until after I assumed editorial 
 charge of the paper, so far as the paper supporting him was con- 
 cerned. 
 
 Mr. Cocke: You did not know that Mr. Kirby and Mr. Bailey 
 were friends before you were employed, did you? 
 
 A. I don't know that I did know they were friends before I was 
 employed. He [Kirby] told me that he would like for me to come 
 to Austin and marry the Statesman — that was the expression he used. 
 
 Q. Have you had a rapturous honeymoon with your new bride? 
 
 A. I refuse to be insulted by you, sir, in here or on the outside. 
 
 Q. No insult intended, sir. Do you mean to say up to this time 
 if you were following the editorial policy of the Houston Chronicle 
 that you could hold your position? 
 
 Mr. Wolfe: I object to that as immaterial and inadmissible. 
 
 The Chairman: I think it is unnecessary to ask him such ques- 
 tions as that. 
 
 Mr. Cocke: The committee declines to let the witness answer 
 the question? 
 
 The Chairman: No, sir; I refuse to let the witness be insulted 
 on the stand, and put it down that way. 
 
 [And thus was Mr. Imboden prevented by Bailey's partisans 
 from answering the last question. Of course, Mr. Imboden could 
 not hold his position with Mr. Kirby's paper if he wrote editorials 
 against Mr. Bailey, such editorials as appeared in the Houston 
 Chronicle and the Dallas News. The conclusion is irrestible that 
 Mr. Kirby was and is not only the owner but controlling the Austin 
 Statesman and that such control is used for Mr. Bailey's benefit. 
 The author knows positively that Bailey helped Kirby, not only with 
 his lumber stock manipulation but in the matter of the Kirby-Moore 
 Bribery Indictment, in Travis county, some years ago. The source 
 of this information comes to the author in confidence and he cannot 
 disclose it. Suffice to say that it was over Mr. Kirby's own signature. 
 
 AFFIDAVIT. 
 
 State of Texas, i 
 
 Couny of Johnson. 
 
 Before me, the undersigned authority, on this day personally ap- 
 peared P. S. Banner, to me well known, who, after being by me duly 
 sworn, upon his oath deposes and says: 
 
 That during the month of April in the year 1900 and for some 
 years prior thereto, he was a resident citizen of the City of Houston, 
 Harris County, Texas; 
 
 U-6 
 
580 Senator J. IV. Bailey of Texas Unmasked 
 
 That on or about the 7th day of April, 1900, he was sitting in the 
 editorial rooms of the Houston Post at Houston, Texas, in private 
 conversation with Mr. R. M. Johnson, Editor in chief of said publi- 
 cation; 
 
 That as their conversation progressed an attachee of the editorial 
 department entered the room and showed the said Johnson a commu- 
 nication, asking the said Johnson, "What about this?" 
 
 That said communication, which affiant could not help but see as 
 it was placed directly in line with his vision, was signed by Jos. W. 
 Bailey; 
 
 That said attachee inquired of said Johnson whether or not he 
 should comply with the request in said communication contained, to- 
 wit: the publication of the article entitled, ^^Bowing to the Law"; 
 
 That said Johnson replied in substance: he has arranged matters 
 all right; will make a good editorial. And, as the attache was retir- 
 ing, Johnson said, "Publish anything he sends you, it is all right 
 now"; 
 
 That on the following day, to-wit, the 8th day of April, 1900, 
 the now famous editorial, entitled, "Bowing to the law," appeared in 
 the Houston Post as a leading editorial. Further deponent saith not. 
 
 P. S. Banner. 
 
 Sworn to and subscribed before me this 6th day of November 
 A. D. 1907. 
 
 T. T. Sturges. 
 (Seal) Notary Public, 
 
 in and for Johnson County, Texas. 
 
 "bowing to the law." 
 
 This editorial, evidently written or inspired by Bailey, in the 
 Houston Post of April 8th, 1900, was the beginning of Pierce and his 
 crowd to mould public opinion through a subsidized press so as to 
 enable the oil trust to continue its depredations on the people of 
 Texas. The subject-matter of this editorial, it is said, was run in a 
 considerable number of the smaller papers of Texas as "paid matter." 
 
 COMMITTEE RESENTS NEWSPAPER CRITICISM. 
 
 MR. F. T. ROCHE 
 
 a fearless and independent newspaper man of Georgetown, Texas, 
 was dragged before the Committee on a charge of contempt and on 
 pages 568-569 (Bailey Invest. Com. Report, 1907), will be found 
 the following proceedings: 
 
 MR. F. T. ROCHE 
 
 recalled and examined by Mr. Wolfe, testified as follows: 
 
 Question. In the Williamson County Sun of date January 31. 
 
 there is an article headed, "That Bribery Charge." 
 Answer. Yes, sir. 
 
The Political Life-Story of a Fallen Idol 581 
 
 Q. (Reading) : "Both houses of the Texas legislature are 
 agitated over a telegram from Austin to Hearst's New York, paper 
 alleging that improper means, bribery, etc., were used to secure 
 Bailey's re-election, and have appointed committees to ferret out the 
 author of the dispatch, and haul him up for punishment. Of course, 
 nothing will come of it, but if the members by their action hope to 
 avert suspicion from tliemselves they are mistalzen. In Austin and 
 out of Austin there is talk of corruption and there are not a few who 
 believe it. There was a time when the Duncan resolution had a clear 
 majority in the House, but within a few days that majority was 
 turned into a minority and a substitute that is more of a defense than 
 an accusation was adopted. That made the people suspicious, and 
 when on top of that both houses insisted upon an election in advance 
 of an investigation they had themselves ordered, thereby practically 
 acquitting the accused before a word of evidence had been adduced, 
 they gave cause for more suspicion." 
 
 Q. Do you know of anyone who pretends to know of any money 
 being used? 
 
 A. Yes, sir. 
 
 Q. Who? 
 
 A. A stenographer named Mercer — Miss Mary Mercer; she 
 did not say she knew of money being used ; she said she heard it being 
 discussed. 
 
 The Chairman : You need not give what she said ; she can testify 
 for herself . Miss Mary Mercer? 
 
 A. I think that is her name, yes, sir. 
 
 Q. She lives here in Austin? 
 
 A. Yes, sir. 
 
 Mr. Wolfe: You had a talk with her before you wrote this 
 article? 
 
 A. Yes, sir. 
 
 Q. And on her talk you founded your article in part? 
 
 A. In part, yes, sir. 
 
 Q. There is another expression in here, it says: "The legisla- 
 tors need not rave and rant over what Hearst's man said about them, 
 for some of their own number are just as suspicious as outsiders." 
 
 Q. Can you name those members? 
 
 A. I can, but I won't. 
 
 Mr. Jenkins: What pertinency has that? 
 
 Mr. Wolfe: There is a charge of lobbying here for the pur- 
 pose of influencing action. 
 
 Mr. Jenkins: That is all right. 
 
 A. I would like to ask you how you got that paper; who gave it 
 to you? 
 
 Mr. Wolfe: I got this — I am not on the witness stand, but I 
 don't mind answering your question — I got it down in the House of 
 Representatives.. 
 
 A. From a member? 
 
582 Senator J. W. Bailey of Texas Unmasked 
 
 Q. I got it from a member but not from a member from Wil- 
 liamson county. 
 
 Mr. Robertson: I am in the House and a member from Wil- 
 liamson county, I would like for you to state that you did not get it 
 from me. 
 
 Mr. Wolfe: No, sir; I did not get it from you. 
 
 Q. Who are those members that you refer to, Mr. Roche, here? 
 
 A. I don't choose to tell, to violate a confidence. 
 
 Q. Did some one tell you something that you mean to say had 
 lead you to believe that some member here has received money to 
 vote in this contest? 
 
 A. Not directly, no. 
 
 Q. Well, has any one told you indirectly anything that he knew 
 that caused you to believe that charge? 
 
 A. Yes, sir. 
 
 Q. Who was that party? 
 
 A. I won't tell. 
 
 Q. I insist on you telling. 
 
 The Chairman: You will have to answer the question; it is a 
 very serious one. 
 
 A. It is not a charge; no one told me any such thing as that, 
 just said they were suspicious. 
 
 Mr. Wolfe: Who was the man who told you that? I insist on 
 your telling. 
 
 The Chairman : Just tell the party who made the statement; you 
 need not tell what he told you. 
 
 A. I decline to do that. 
 
 Mr. Wolfe: I insist that if any — if Mr. Roche knows of any 
 member being bribed he ought to tell it, but he says that he does not 
 know. 
 
 A. I will go further than that and say that I don't know it 
 either. 
 
 The Chairman : You will have to stand aside for the present, and 
 and we will finish with you in the morning; we want to examine some 
 other witnesses now. 
 
 I would like to state to the Committee that I derived my informa- 
 tion from the newspaper reports, principally from the Houston Post. 
 
 Q. From the Houston Post? 
 
 A. Yes, sir. 
 
 Q. Shall we investigate the Post, Mr. Chairman? 
 
 SAN ANTONIO GAZETTE CHARGED WITH CONTEMPT. 
 
 Although the Bailey partisans of the Suppression Committee of 
 1907 fre(]ucntly complained of the expense caused the State by the 
 proponent of the charges asking for witnesses with which to prove 
 Bailey's guilt, they did not hesitate to incur witness fees when they 
 wanted to castts;ate some newspaper men for criticising this most con- 
 temptible set of petty partisans. On pages 569-570 of the Committee 
 Report will be found the following: 
 
The Political Life-Story of a fallen Idol 583 
 
 JOHN ALDEN 
 
 called as witness, sworn and examined by Mr. Wolfe, testified as fol- 
 lows : 
 
 Q. (handing witness a newspaper) : Look at that, please, and 
 say what it is. 
 
 Mr. Jenkins: / 'would like to know what connection that has 
 with this investigation? 
 
 Q. Mr. Wolfe: Did you write that article? 
 
 A. No, sir. 
 
 Q. Who did? 
 
 Mr. Jenkins: I object. 
 
 A. I will tell you who is responsible for that article — the man- 
 aging editor. 
 
 Mr. Wolfe : No, no; I want to know who wrote it. 
 
 Mr. Jenkins: I object. 
 
 Mr. Chairman: I overrule the objection. 
 
 Mr. Wolfe: Who wrote it? 
 
 A. The man in charge of it was S. W. Johns. 
 
 Q. Do you know who sent a copy of it to the Committee? 
 
 A. No, sir. 
 
 Q. There was a marked copy sent to the Committee. 
 
 A. Yes, sir. 
 
 Q. But you don't know who sent it? 
 
 A. No, sir. 
 
 AN AMUSING INCIDENT. 
 
 On page 389 of the Committee Report will be found the following 
 proceedings, which are calculated to call forth a smile of amusement, 
 as illustrative of the temper and partisanship of Bailey's tools: 
 
 In re Mr. Norcross. 
 
 The Chairman: There is a gentleman in the room who is a 
 stranger here. I do not know — of course, these meetings are not sup- 
 posed to be to the public and I would like to inquire before we pro- 
 ceed further. 
 
 Mr. Cocke: I never saw the gentleman until this morning. He 
 is a Mr. Norcross, representing some New York paper. 
 
 The Chairman: Is that the paper that gave this Legislature the 
 write-up about wine, women and money? 
 
 Mr. Norcross: That is what I have been told; I have never seen 
 the paper. 
 
 The Chairman : So far as I am concerned, I do not think you are 
 a proper man to be in this committee. I will let the committee pass 
 on that. He is a representative of some paper, the paper that gave 
 this Legislature the write-up about wine, women and money. He is 
 not reporting anything, hut walks into the house. Now, the question 
 is, is he entitled to sit here? 
 
 Mr. Jenkins: Don't our rules admit the representatives of the 
 press? 
 
584 Senator J. IV. Bailey of Texas Unmasked 
 
 The Chairman: Of the State press. 
 
 Mr. Cocke: 1 have seen Mr. R. M. Johnson here and I under- 
 stand he is summoned as a witness and he is not reporting. I never 
 met the gentleman until this morning. 
 
 The Chairman: I object to any man being here that is the rep- 
 resentative of a press that will charge this Legislature with being 
 bribed by wine, women and money. The man that made that charge 
 has falsified and slandered this Legislature and I do not want to sit in 
 the room ivith one of liis representatives. That is the charge I make. 
 
 Mr. Jenkins: This gentleman may be in nowise responsible for 
 it, and neither may the paper tliat published it. 
 
 The Chairman: That is die matter that I am inquiring into. 
 
 Mr. McGregor: It does not affect this gentleman at all if he is 
 a member of the press. I want to go on record as letting him stay 
 here. I will agree with the Chairman as to it being absolutely false 
 and vsithout foundation, but as to this man, if he a member of the 
 press and it is not proven that he is responsible for that — 
 
 Mr. Chairman: I just want to call your attention to it and ex- 
 press my feeling. 
 
 Mr. McGregor: If he wrote the article I think he ought to be 
 proceeded against. 
 
 Mr. Jenkins: I do not think we ought to take any ex parte ac- 
 tion, if he is a representative of the press. Unless he is the man who 
 sent that telegram I do not think it is any of our business. 
 
 HOUSTON POST ON BAILEY IN 189^. 
 
 R. M. Johnson was editor of the Houston Post in 1893 as he was 
 been since. The following caustic and critical estimate of Mr. 
 Bailey appeared as an editorial in the Houston Post in 1893. Mr. 
 Bailey had no rich clients then to serve and no Trust Masters with 
 whose money he could purchase and subsidize any part of the press. 
 The editorial is as follows: 
 
 "Representative Bailey of the Gainesville district, who claims 
 the honor of being the youngest member of Congress, seems to have 
 permitted his temper to get the better of his judgment. 
 
 "Mr. Bailey pressed the claims of a candidate of his own choosing 
 for a federal appointment, and because the president elected to ap- 
 point another man instead of Mr. Bailey's choice, the young Con- 
 gressman from Gainesville concludes that the administration intends 
 to discriminate against Democrats who favor free coinage of silver. 
 
 "But Mr. Bailey's displeasure is not with Mr. Cleveland alone. 
 He takes a tilt at Senator Mills, whom he charges with having 
 evinced a willingness to support the president, right or wrong, with- 
 out regard to his own convictions. This being so, Mr. Bailey, who 
 apparently regards the distribution of the flesh-pots as the highest 
 duty of the executive and the members of Congress, thinks it could 
 hardly be considered strange that Senator Mills should be able to 
 control Texas appointments. It may be that this estimate of Mr. 
 
The Political Life-Story of a Fallen Idol 585 
 
 Cleveland and Senator Mills is ». ely a reflex of the callow Con- 
 gressman's estimate of himself. Mi. "'ailey says: '1 will be glad to 
 support the recommendations of a Democratic president whenever 
 I can do so consistently with my sense of duty to my constituents.' 
 Some of Mr. Bailey's constituents are populists, and they have 
 claimed him as being of their faith and entitled to admission to their 
 political household. They have even gone so far as to publicly en- 
 dorse him in one of their party assemblies, and would no doubt ap- 
 prove his support of the recommendations of a Democratic president 
 so long as he could do so consistently with his sense of duty to his pop- 
 ulist constituents. However, Mr. Bailey, like the brilliant but er- 
 ratic young Nebraskan who threatened to leave the Democratic party 
 because it is so much larger than he is, probably has no idea of sac- 
 rificing either his political convictions or his political prospects. 
 Some allowances must be made for his youth and inexperience, and 
 that testy temper, which may be subdued by riper years and gar- 
 nered wisdom. 
 
 "It may be unfortunate for Mr. Bailey that he can not control the 
 distribution of federal patronage, as well as the policy of his party, 
 but it IS even more unfortunate that he can not control an overweening 
 ambition to push himself forward at all times and under all circum- 
 stances, at the risk of making himself ridiculous." 
 
 HOUSTON POST, SENATORS BAILEY, ALDRICH (OIL-RICH) AND A SUBSI- 
 DIZED PRESS. 
 
 We are indebted to the Dallas News of January 20th, 1908, for the 
 following significant indictment of the Houston Post and its gymnas- 
 tic proclivities : 
 
 The Houston Post seems to have undergone a change of view with 
 reference to the Aldrich bill. On January 9th it insisted that "the 
 Aldrich bill providing for the issue of emergency currency to Na- 
 tional banks ought to be labeled a bill to relieve the stock-jobbing 
 banks of New York" * * * "The Wall street banks will get 
 such benefit as the measure provides, if, indeed, it provides any ben- 
 efits at all." On January i ith the Post declared unconditionally that 
 "the Aldrich bill ought to be defeated." On January 12th the Post 
 added that "it is not strange that the representative press of the North 
 severely condemns the Aldrich bill." * * * "The bill is quite 
 in keeping with the Rhode Islander's statesmanship. He is a Senator 
 of the interests located in the financial district of New York, and has 
 never exhibited any concern for anybody else. There is but one 
 thought in the Aldrich bill, and that is to enable the Stock Exchange 
 banks to obtain currency in time of stress." * * * "It will be 
 damned in the eyes of Republicans and Democrats alike before it 
 reaches the White House." 
 
 The Post of January i8th takes a decidedly more friendly view of 
 the Aldrich bill. It no longer contends that it will "be damned in the 
 eyes of Republicans and Democrats alike before it reaches the White 
 
586 Senator J. IV. Bailey of Texas U it masked 
 
 House." // (iocs not believe in even fighting it any more, but now 
 holds that it will surely "become a law." This contemporary now 
 says: "In this connection it is pertinent to remark that there seems 
 to be a manifest disposition on the part of Democratic members of 
 both houses, of whom Senator Bailey is the most conspicious, to aid 
 as far as lies in their power in making the bill under consideration 
 (the Aldrich bill) as efifective a measure of that nature as possible, 
 recognizing that the Republicans have it in their power to pass it in 
 any form they may choose. Negative opposition for mere partisan 
 advantage sometimes defeats the very purpose for which it is invoked 
 and the Democratic minority will do well to avoid such mistakes in 
 the present Congress." Obviously the Post now believes that it will 
 not "be damned," that it will pass; that it should not be hindered; that 
 it should be helped along." 
 
 Referring to this same bill, the New York World declares that it 
 "wouldworkmainly to the benefit of Wall street gamblers." * ** 
 "Wall street promoters need only to print bonds, lobby at Albany, to 
 get them on the list of securities permitted to savings banks, make a 
 'market price' by wash sales, secure permission to deposit them in 
 Washington, and issue in 'money' yq per cent of their artificial value." 
 The World said that "Senator Aldrich's bill should be entitled, 'An 
 act to facilitate stock gambling.'" The World has not modified its 
 contention, but still insists that Democratic Senators should leave off 
 coquetting with Senator Aldrich, the Standard Oil Senator, and his 
 sort, and should stand together and fall together, if they must, in a 
 sturdy contention for the bill presented by Senator Culberson. 
 
 A FEARLESS PRESS. 
 
 In spite of the great harm done Texas by the Houston Post, the 
 Fort Worth Record and the Austin Statesman in their subsidized 
 news columns with reference to this whole Bailey controversy, never- 
 theless the people of Texas are indebted to such independent and pa- 
 triotic organs as the Houston Chronicle, The Dallas-Galveston News, 
 The Dallas Times-Herald, The Waco Times-Herald, The Texas 
 Farmer, and many other newspapers, including the Texas Weekly 
 Press, for their fearless, independent and patriotic efforts to present 
 to their readers fair and impartial news items. Except for this latter 
 fact, the Suppression Committee at Austin, in 1907, would not have 
 permitted near as many of the facts developed as were exposed. 
 
 In marked contrast to the Subsidized-Standard-Oil-Press of 
 Texas, is the following editorial from the Texas Farmer, of April 
 nth, 1908: 
 
 THE GREAT "l AM." 
 
 The campaign now raging in Texas is unique and without prece- 
 dent in the political history of the United States. It is an inspiring 
 and hopeful one. On one hand we see the honest, patriotic people of 
 Texas, spontaneously, on their own initiative, aroused to noble effort 
 
The Political Life-Story of a fallen Idol 587 
 
 to relieve the people from the vulgar tyranny of political brigands. 
 On the other, we are disgusted with the nauseating spectacle of a 
 tainted and tattooed politician mounting the stump, admitting the 
 truth of every charge made and proven against him, and endeavoring 
 to break the force of the truth, shouting: 
 
 "I, and I alone, am the only great man that Texas or the world has 
 ever produced in this century. There is no other besides me; and al- 
 though I have done the things charged against me, yet I am so great 
 and such an able man that Hearst and others have conspired against 
 me in order that such tremendous greatness shall no longer figure in 
 public life." 
 
 This is a proper interpretation of his egotistical rant. The annals 
 of political warfare and all the history of public men will be ran- 
 sacked in vain to find an equal to the sickening impudence of Bailey 
 and the blind servility of his followers. 
 
 BAILEY ''THE HEAD DEVIL." 
 
 Bailey, the head devil of them all, not only refuses to meet his op- 
 ponents in joint debate, but has issued orders that none of his slaves 
 shall publicly discuss with his opponents the great question now be- 
 fore the people of Texas. In addition, he shamelessly claims, as the 
 party nominee, that he should be exempt from all attack. He knows 
 — and every man, woman and child in the State of Te.xas knows — that 
 when he was nominated in the primary in July, 1907, every man who 
 voted for him, and not in corrupt league with him, was in utter ig- 
 norance of his employment by Pierce; and of his identification with 
 men in numerous criminal enterprises. Nor did one of them ever 
 dream that the name of Bailey was on the cipher code of the Standard 
 Oil Company and its subsidiary corporations under the title of "repub- 
 lish." Then to crown the climax of his impudence, he and his slaves 
 charge that the opposition to him and to his crimes was created, or- 
 ganized and led by "bolters." He has falsely charged that Honor- 
 able Geo. W. Riddle, chairman of the Anti-Bailey Committee, was 
 and is a bolter, and was a McKinley Democrat. Mr. Riddle never 
 scratched a Democratic ticket in his life. 
 
 CLARENCE OUSLEY AND STANDARD OIL. 
 
 The chairman of the Bailey Campaign Committee, Clarence 
 Ousley, editor of the Standard Oil Bailey organ, the "Fort Worth 
 Record," in green back times is said to have run for the legislature 
 on the green back ticket. In 1896 Ousley was editor of the "Galves- 
 ton Tribune" and controlled the editorial department of that paper. 
 In that year and that campaign, it is charged that Ousley editorially 
 advocated McKinley for the presidency and Hawley for Congress, 
 in opposition to the Democratic nominees. We now ask Ousley if in 
 the election of 1896 he did not vote for the McKinley electors and 
 Hawley for Congress? 
 
 There resides in the city of Dallas a gentleman who in that fight 
 
588 Senator J. W. Bailey of Texas Unmasked 
 
 was connected with the Galveston Tribune, and who says that by the 
 direction of Ousley he collected a draft for $2i;o.oo, given by the 
 chairman of the Hawley Campaign Committee; that the Galveston 
 "'\ibune also received a check from Hawley for $2150,000, drawn on 
 the sergeant-at-arms of the House of Representatives, all which was 
 credited to advertising account. Of course that Ousley was a green 
 backer or that he supported Republicans, and that his paper got paid 
 for it, cuts no figure in this campaign against Baileyism. But is it 
 not gall that with this sort of record behind him he loads down the col- 
 umns of his paper, the Standard Oil organ, and Bailey's organ, with 
 wrathful denunciations of bolters. Is \i not monumental brass un- 
 equaled — unless it be the false charge of judge Matchless Brooks that 
 "Attorney General Davidson is an imbecile." This latter charge 
 from such a quarter is certainly unapproached for impudence in all 
 history, sacred or profane. 
 
The Political Life-Story of a Fallen Idol 589 
 
 ANTIDOTES FOR BAILEYISM. 
 
 Patriotism is the opposite of traitorism; the patriot sacrifices him- 
 self, the traitor his country. — The Author. 
 
 It is a miserable thing to live in suspense; it is the life of a spider. 
 
 — Swift. 
 
 No act falls fruitless; none can tell how vast its powers may be; 
 nor what results, enfolded dwell within it silently. 
 
 The blossom cannot tell what becomes of its odor, and no man can 
 tell what becomes of his influence and example, that roll away from 
 him, and go beyond his ken on their perilous mission. — H. W. 
 Beecher. 
 
 No man is hurt but by himself. — Diogenes. 
 
 Oh, he is fallen into a pit of ink that the wide sea hath drops too 
 few to wash him clean again ! — Shakespeare. 
 
 The patriotism of peace teaches the doctrine of universal brother- 
 hood and condemns the doctrine of hate. Love is heavenly! hate is 
 hellish. — The Author. 
 
 There is an insolence which none but those who themselves de- 
 serve contempt can bestow, and those only who deserve no contempt 
 can bear. — Fielding. 
 
 Nothing dies so hard, or rallies so often as intolerance. — H. fV. 
 Beecher. 
 
 To be perfectly just is an attribute of the divine nature; to be so 
 to the utmost of our abilities, is the glory of man. — Addison. 
 
 The worst of all knaves are those who can mimic their former 
 honesty. — Lavater. 
 
 Slow and painful has been the progress of the race, individually, 
 nationally, universally, from the tyranny of selfishness to the freedom 
 of an unselfish patriotism; from the characteristics of animalism to 
 the attributes of divinity. — The Author. 
 
 There is nothing seems so like an honest man as an artful knave. — 
 C Simmons. 
 
 A willful falsehood told is a cripple, not able to stand by itself 
 without another to support it. It is easy to tell a lie, but hard to tell 
 only one lie. — Fuller. 
 
590 Senator J. IV. Bailey of Texas Unmasked 
 
 The great fact is, that life is a service. The only question is, 
 "Whom will we serve?" — Faber. 
 
 Our life is like Alpine countries, where winter is found by the side 
 of summer, and where it is but a step from a garden to a glacier. — 
 Richter. 
 
 Life, like the waters of the seas, freshens only when it ascends to- 
 ward heaven. — Richter. 
 
 The triumph of the highest type of enlightened patriotism is the 
 triumph of breeding above boorishness, of culture above coarseness, 
 of refinement above ruffianism, of right above might, of manhood 
 above money, of patriotism above partyism, of "God above gold." — 
 The Author. 
 
 Assertion is the logic of ignorance and prejudice; argument, the 
 logic of wisdom and truth.— -Try on Edwards. 
 
 What brutal mischief sits upon his brow! He may be honest, but 
 he looks damnation. — Dryden. 
 
 Of a great and wise statesman it is said, "that he can hold his 
 tongue in ten different languages." — Anon. 
 
 On the soft bed of luxury most kingdoms have expired. — Young. 
 
 Sedition is bred in the lap of luxury. — Bancroft. 
 
 All politicians are not patriots, just as patriots and statesmen are 
 never politicians in the common acceptation of the latter term. A 
 patriot serves his country; a politician, especially a grafting politi- 
 cian, serves himself. — The Author. 
 
 He who has not a good memory should never take upon him the 
 trade of lying. — Montaigne. 
 
 Lying is a hateful and accursed vice. We have no other tie upon 
 one another, but our words. — Montaigne. 
 
 The most intangible, and therefore the worst kind of a lie, is a 
 half-truth. — JVashington Allston. 
 
 A lie that is half a truth is ever the blackest of lies. — Tennyson. 
 
 Sin has many tools, but a lie is the handle that fits them all — O. IV. 
 Holmes. 
 
The Political life-Story of a fallen Idol 591 
 
 CHAPTER XXVI. 
 
 BAILEY PLEADS GUILTY IN THREE DAYS' 
 HARANGUE. 
 
 After having refused to take the witness stand throughout the entire investigation 
 and after Odell had demanded (p. 824) "the benefit of their testimony [that of the 
 attorney general and his assistants] before proceeding with the introduction of their 
 evidence," J. W. Bailey was put through the formality of an oath and his three days 
 harangue will be found covering almost 200 pages of the report of the Committee of 
 1907 (pp. 825-997). In the course of this so-called testimony, which was more in 
 the nature of a plea of confession and avoidence, Mr. Bailey orated and argued and 
 denounced "his enemies," in the most violent and vindictive fashion. His counsel 
 would manage to get in a word here and there by which they sought to lead him 
 away from the most dangerous questions of fact. 
 
 The witness J. W. Bailey (continuing p. 826) : I located in 
 Gainesville, Texas, June, 1885, and was nominated for Congress, I 
 think in, August, 1890. * * * I was elected to the United States 
 Senate in January, 1901, and took my seat on the 4th of March, 1901. 
 
 The first distinct recollection I have of acquaintance with Gov- 
 ernor Francis was in the early part of December or latter part of No- 
 vember, 1 89 1. I was on my way to Washington to enter upon the 
 performance of my duty there. [They did not become sufficiently 
 intimate, however, for Bailey to begin to negotiate "loans" with 
 Francis until the latter became a lobbyist for millions of appropria- 
 tions to the St. Louis Fair, in which Francis was interested. The 
 first loan that Francis made Bailey was in 1899 and the next deal was 
 the $100,000 Gibbs Ranch purchase. At that time Bailey was minor- 
 ity leader on the floor of the lower House and Francis was seeking 
 $10,000,000 from the public treasury.] * * * 
 
 GIBBS RANCH MATTER. 
 
 1 told him [Barnet Gibbs] I thought I could make the trade one 
 way or the other. I went on to Washington and I do not remember 
 seeing Gibbs again, although I had correspondence through the win- 
 ter with him about it until I came back to the State to begin my cam- 
 paign for the Senate, which, I think, was in March, 1900, but whether 
 I saw him or whether I corresponded with him, I had in the meantime 
 obtained a written option. That written option was obtained after I 
 found that I could utilize this Francis land. 
 
 Q. Now, Senator Bailey, if you will permit me to interrupt 
 these negotiations with Governor Gibbs, which you have detailed and 
 at that time secured this written option of the Gibbs ranch, did you or 
 not at that time know Mr. H. C. Pierce? 
 
 A. Oh, no, no, sir; I had no acquaintance with him at that time 
 at all. 
 
592 Senator J. H'. Bailey of Texas Unmasked 
 
 Q. Had Governor Francis at that time ever mentioned to you the 
 name of H. C. Pierce? 
 
 A. No, sir. No, I do not think so. I presume I had heard of 
 Pierce as I would hear of any other business man and men connected 
 with an important enterprise, but I know perfectly well that I never 
 met him, and I know perfectly well I never had any conversation 
 about him up to that time. 
 
 I went there [to the Gibbs ranch] and looked over the cattle and 
 horses and mules and hogs and everything else in March. He was 
 with me. He met me at Farmers' Branch, as I now recall, and we 
 went out there and spent the night. I must have reached there, com- 
 ing down from Gainesville, about i or 2 o'clock, and we went out to 
 the place and spent the balance of that evening looking around, and 
 we spent the next morning until just time to get back to Farmers' 
 Branch and catch the same train back to Dallas, and I closed the trade 
 with him. * * * I arranged to take up that mortgage [the mort- 
 gage for $10,000 on the cattle and horses] and I put a mortgage for 
 $15,000 on the cattle alone. I negotiated that mortgage at the Mer- 
 chants-Laclede National Bank of St. Louis. / did it through Gov- 
 ernor Francis. * * * The fact of it is I have borrowed money so 
 often and from so many different people that I am not so sure about 
 these items and persons. I have the advantage of a great many people 
 though that when I borrow it I always paid it back. [Then the books 
 of the Waters-Pierce Oil Company and the testimony of his own wit- 
 nesses bore false evidence against this spotless Senator, for they all 
 showed that his loans from the Waters-Pierce Oil Company were 
 never repaid but charged to profit and loss.l * * * 
 
 I have 1,280 acres of it left and there is a balance due the Texas 
 Land & Mortgage Company of $13,000 on it. [At $50 per acre this 
 remaining land would be worth $64,000.] 
 
 His [Francis'] land was returned to him and he never made a dol- 
 lar or lost a dollar. [Francis testified that it cost him $800 to clear 
 up his land of tax suits into which it had fallen during Bailey's manip- 
 ulation of the title and that he simply lost that money. He also re- 
 ceived no interest on the $20,000 valuation of the Pecos county land 
 for two years.] 
 
 The witness Bailey (continuing p. 832) : I made something more 
 than $30,000 out of it and if I had been able to have held it, as I might 
 have been able to do if this political controversy had not arisen, I 
 would have made a good deal more. 
 
 FRANCIS, BAILEY AND THE ST. LOUIS WORLD'S FAIR. 
 
 The witness Bailey (continuing p. 835) : Governor Francis 
 never discussed any question of legislation with me, and never sought 
 my intercession in any matter at any time, except the World's Fair 
 proposition at St. Louis. \And that is when Bailey began to use 
 Francis for his banker;^ * * * So far as any legislation is con- 
 cerned or so far as any action before the Government is concerned I 
 
The Political Life-Story of a Fallen Idol 593 
 
 never discussed any matter of that kind with him, and he never sought 
 to discuss it with me, except ivith reference to the World's Fair. 
 * * * It was while I was still in the House and therefore it must 
 have been prior to the 4th of March, 1901, and my impression is that 
 it was some time in iSqq or IQOO. * * * J \^2i^ hten opposed to 
 the Government taking part in these expositions all my public life, 
 and I was opposed to that one, the same as I had been to all the others. 
 [The difference was that Francis managed to buy off his active oppo- 
 sition as minority leader, to the St. Louis Exposition, for the reason 
 that Bailey then possessed great influence and prestige and had been 
 very active in opposing the Chicago JVorld's Fair. Bailey boasted 
 later on in his testimony that he kept Congress locked up two and one- 
 half days to reduce the Chicago Exposition appropriation from five 
 to two and one-half millions, whereas when Francis applied to Con- 
 gress for ten million, having made Bailey some "loans," Bailey found 
 tt convenient to be absent from the Committee when the matter carne 
 to its first test, and if not absent he was at least simply paired with 
 some member and raised not his voice against this appropriation of 
 ten million dollars of the public funds. The author does not discuss 
 the question of the propriety or impropriety, the merits or demerits 
 of an appropriation as such, but simplv points out the subtle influ- 
 ences and changes that present themselves in Mr. Bailey's public ca- 
 reer in connection with his private monetary dealings.] * * * 
 I am inclined to think that I was paired when the appropriation of 
 five million dollars passed the House. * * * i think the record 
 will probably show that I was paired — that I did not vote on it on 
 account of my being paired. That was the last time, as I recall, that 
 that matter was up for consideration in the House while I was a mem- 
 ber of it. And the next time it was presented, it was after I had gone 
 into the Senate. It came to us then in the shape of an application for 
 a loan of four million, five or six hundred thousand dollars. * * * 
 In some way Governor Francis and those people were under the im- 
 pression that I had agreed * * * th^t J would make no special 
 opposition to the bill, but I had made no such agreement as that and 
 had formed no such intention as that, so when the matter came up I 
 resisted it with all my power, and I thought at one time I was going 
 to beat it. [This was about four years after the Gibbs land deal had 
 been consummated. In other words, Bailey was passive when it came 
 to donating ten million dollars that had been given outright to the 
 Fair, but made a semblance at consistency by pretending to oppose the 
 loan of four million, five hundred thousand to the Fair. Being such 
 a specialist in the "loaning" business it seems a little queer that he 
 was less willing for the Government to loan Francis' enterprise four 
 million, five hundred thousand, then he was to donate them ten mil- 
 lion dollars outright.] 
 
 The witness Bailev (continuing, p. 836) — I think the fight lasted 
 on the bill carrying the loan for four million, five or six hundred 
 thousand dollars; I think the fight lasted probably over three days 
 
594 Senator J. IV. Bailey of Texas Uiiinasked 
 
 and they finally passed it, as they have passed every one of these prop- 
 ositions since I have been there. * * * That is about the only 
 circumstance that ever occurred to mar my friendship with Francis 
 during the fifteen or sixteen years that I have known him. 
 [If Mr. Francis took offense in 1904 and their relations became 
 strained, as Francis also testified, because Bailey pretended to oppose 
 the loan to the Fair, the question naturally arises would Francis have 
 bought the Gibbs ranch for Bailey in 1900-01 if Bailey had not pas- 
 sively acquiesced by his silence in the donation of $10,000,000, to 
 
 the Fair?] * * * t 
 
 I think, Mr. Odell, that must have been m 1904. * * * 1 
 never saw Governor Francis at Washington in Legislation in my life 
 except this World's Fair matter. * * * 
 
 The witness Bailey (continuing, p. 850)—/ had a good many 
 transactions with Governor Francis and used him as a sort of a banker 
 for several years. * * * I have been borrowing money from him 
 ever since I knew him almost. [Governor Francis testified that he 
 never loaned Bailey any money until 1899, although he had known 
 him from 1891. Francis began to importune Bailey on behalf of the 
 World's Fair early in 1899 and continued so to do for four or five 
 years.] 
 
 bailey's attitude on the CHICAGO EXPOSITION APPROPRIATION. 
 
 The witness Bailey (continuing, p. 891) — 
 
 I was not in Congress when the Chicago fair bill was passed, but 
 I was there when they came for that five million dollars, and I re- 
 sisted it. / locked the House up there for several days. I did not let 
 them even approve the Journal, and finally I cut it down to $2,500,- 
 000, which I could do under the rules of the House, and if the 
 Speaker had not recognized them to make a motion to suspend the 
 rules and pass the bill I would have beaten it, as the rules of the 
 House then stood, but finally they cut it down to $2,500,000 and the 
 Speaker recognized some member to move to suspend the rules and 
 pass the bil, and that motion prevailed. [In the year 1900 Bailey, al- 
 though minority leader, was silent and paired when Congress came 
 to act on the appropriation of $10,000,000 to the St. Louis Exposition 
 of which Francis was president. The latter, according to Bailey's 
 own testimony, had been used by him as "a sort of banker" for Bailey. 
 Bailey's bank account, however, was always overdrawn and the only 
 deposit ever made was his silence on this St. Louis World's Fair ap- 
 propriation.^ 
 
 FRANCIS AGAIN SOLICITOUS FOR "MY DEAR JOE." 
 
 The witness Bailey (continuing, p. 864) — 
 
 1 had a letter from Governor Francis [In July, 1906] telling me 
 that there was some talk about a representative of Hearst's Chicago 
 newspaper being in St. Louis and trying to buy some documents that 
 Gruet had, and he said he thought he ought to call my attention to it. 
 
71ic Political Life-Story of a Fallen Idol 595 
 
 That was in July. I know it was in July, because I received the let- 
 ter while I was in Gainesville. * * * 
 
 I wrote Governor Francis that I knew that they had no documents 
 that could embarrass me before the world or before the people of 
 Texas. I, of course, did not know what forgeries could be manufac- 
 tured, and at that time I had no idea that any of these transactions 
 between Mr. Pierce and myself had ever passed through the fVaters- 
 Pierce Oil Company's books and I could not conceive what they could 
 have, only I knew they could have nothing that would contradict any- 
 thing I had ever said to the people of Texas, and I so stated to Gov- 
 ernor Francis and thanked him for calling my attention to it. [Bailey 
 thought they could not "contradict" anything he had ever said to the 
 people of Texas about the $1,500 draft, but verily his sin has found 
 him out.] 
 
 The witness Bailey (continuing, p. 938) — 
 
 I had many transactions with Governor Francis, and whenever I 
 needed money I would get it from him, and I frequently did it with- 
 out telling him I was going to do it. I frequently drew drafts on him 
 and then notified him I had done it. His correspondence here will 
 show that. And frequently when I wanted money I would make out 
 my note for whatever I needed and enclose the note to him and draw 
 a draft. Sometimes if I did not need the money immediately I would 
 send the note to him and tell him to send me his check for it, or New 
 York exchange, whichever I might desire. [And hath it not been 
 written, "the borrower is servant to the lender?"] 
 
 The witness Bailey on cross-examination, p. 948) — 
 
 Q. Prior to that partnership horse transaction, had you ever bor- 
 rowed any money from him? 
 
 A. Oh, yes. I knew him well enough and I had had transac- 
 tions enough with him. [Francis testified, however, that the "horse 
 transaction" was the first dealing that he had ever had with Bailey 
 and that was in i8qq.] 
 
 BAILEY MEETS "MY DEAR PIERCE." 
 
 The witness Bailey (continuing, p. 837)— At the close of the Sen- 
 atorial contest in 1900, / started bacfi to IFashington. I received a 
 telegram on the train from Mr. Pierce saying that he had a letter of 
 introduction to me from the Honorable David R. Francis which he 
 would like to present at my convenience at St. Louis the next day. 
 [Bailey said nothing about this telegram from Pierce in his testimony 
 before the 1901 Committee. His testimony at that time on this point 
 was : "At St. Louis I met Mr. Pierce, president of the Waters-Pierce 
 Oil Company, and who presented me a letter from D. R. Francis." 
 Neither did Mr. Bailey tell the 1901 Committee that D. R. Francis 
 had telegraphed him to come to St. Louis. He now admits it for the 
 first time, after Francis had testified to the fact a few days before 
 Bailey took the stand] 
 
 The witness Bailey (continuing) — I received a telegram from 
 
596 Senator J. W. Bailey of Texas Unmasked 
 
 Governor Francis that he would like to see me in St. Louis. I ex- 
 pect I had that telegram, may be on the 23rd or 24th of April, 1900. 
 * * * I telegraphed him that I would be in St. Louis on my way 
 to Washington, naming the time. * * * I left Gainesville on 
 the 24th of April, 1900, intending to go through Kentucky enroute to 
 Washington and intending to spend a few days in Kentucky. On the 
 train — it was either at Parsons, or beyond Parsons, because I remem- 
 ber it was at night, / received a telegram from H. C. Pierce saying he 
 had a letter of introduction from the Hon. David R. Francis, which 
 he would be pleased to present me the next day in St. Louis at my 
 convenience, or at such time and place, may be, as might be conven- 
 ient to me. I went on to St. Louis. I did not reply to that telegram, 
 it came at night. If it had come in the day I would have answered it, 
 but it came at night and I did not answer it. The next morning when 
 I reached St. Louis I went to the hotel and had breakfast and I in- 
 quired about where Mr. Pierce's ofifice was and I went there. He pre- 
 sented me this letter of introduction from Mr. Francis, I read it. The 
 letter stated that Mr. Pierce was in some complications with the state 
 of Texas; that he, Francis, did not know what the complications were 
 nor the merits of them, but that he knew Mr. Pierce and he would be 
 glad if I would assist him in any way that I could and that I might 
 deem proper. I read the letter and I said to Mr. Pierce, "What are 
 your troubles, Mr. Pierce?" He said, "The State authorities" — or 
 maybe he said, "The Attorney General of Texas is trying to drive my 
 company out of business in that State." [Of course Bailey was en- 
 tirely ignorant of the public history of the litigation that had been 
 pending between the State of Texas and the Oil Trust for five or six 
 years and he must needs inquire of Mr. Pierce the nature of the lat- 
 ter' s troubles in Texas.] * * » 
 
 I then told him if that was his only ofifense [the making of exclu- 
 sive contracts in restraint of trade, being as much of a breach of the 
 anti-trust laws and making it a trust as much as if it had been shown to 
 have been in collusion with the Standard Oil Company] while that 
 was an ofifense against our law, and ought to be because it was an 
 interference with wholesome competition, if that was his only ofifense, 
 he ought not to have any trouble in settling the 7tiatter with the State 
 authorities. He said, "Well, that is the only ofifense." * * * 
 
 I said to him, "Why, you ought not to have any trouble about this 
 matter at all. Our people do not want to drive any legitimate busi- 
 ness enterprise out of the State. They are determined, however, to 
 compel every enterprise that remains in the State to obey the law." 
 He said, "I want to do that. I have done business there for many 
 years and I want no trouble." And there was further talk along that 
 line, and he wanted me to come back here. I had told him as soon as 
 I read the letter that Francis was a friend of mine and I would be 
 glad to oblige him in any way I could that was possible and proper. 
 He wanted me to come back. I told him no, I was going to Kentucky 
 first and that I was then going back to Texas; that I had started to 
 
The Political Life-Story of a Fallen Idol 597 
 
 Washington but I had received some telegrams that made it neces- 
 sary, or at least desirable, for me to return to Texas upon a political 
 errand, and that when I was here I would take the matter up with the 
 Attorney General. / toU him the Attorney General was a fine man, 
 and had a long time been a friend of mine, and I would take the mat- 
 ter up with him, and that I would advise him upon this showing to 
 compromise this judgment, allow this company to pay a fine commen- 
 surate with its offense against our law, and to continue to do business 
 in the State. He thanked me and asked me what my charge was or 
 my fee was and I told him "nothing." He asked me if I was not a 
 lawyer and I said, "Yes, I am a lawyer, but I practice law and do not 
 practice influence," and that I did not regard what I was going to say 
 as a lawyer's service and, therefore, I was not willing to accept a law- 
 yer's fee for it. 
 
 BAILEY AND SMITH. 
 
 My relations with Tom Smitli were peculiar. They were close, and 
 I was going to advise Tom Smith that I thought as a citizen of the 
 State, as a Democrat, and as a friend of his, that it was a wise and 
 proper thing for him to do to compromise this judgment, and I would 
 not accept a fee for a service like that. I regarded what I was going 
 to do as a friendly service, and not a lawyer's service, and, therefore, 
 I declined to take a lawyer's fee. 
 
 BAILEY HIMSELF ASKS PIERCE FOR A LOAN. 
 
 Mr. Pierce and I talked along a little while and he urged again 
 that I come back, and I said, "No, I am going to Kentucky. I owe 
 some money and I am going there to sell some horses to raise and pay 
 this money." I told him it was important for me to come back and I 
 said to him that I was coming back within a few days and probably 
 within a day or two. Then I said, "Mr. Pierce, I may not" — I did 
 not say this on his account — "I might not come back in a day or two," 
 but on account of these political matters I thought it necessary for me 
 to return without much delay and I said, "/ may not have time in 
 Kentucky to dispose of these horses and raise this money. I need the 
 money, I ought to have had it a little while ago. If you will loan me 
 this money I would count that a favor and I would be glad to take it 
 and pay you back." He said he would be glad to do it. Asked me 
 how much I wanted. I told him that I would want something like 
 $5,000 first and last. He said he would let me have it and he said he 
 would get it for me at once. I said, "I want $3,300 now." He let me 
 have the $3,300. He took my obligation for it. It was not exactly a! 
 note. It read this way: 
 
 "Received of H. C. Pierce the sum of thirty-three hundred dollars 
 to be returned to him on demand." 
 
 He gave me the $3,300. I still went on to Kentucky. * * * 
 
598 Senator J. IV. Bailey of Texas Unmasked 
 
 BAILEY RETURNS TO TEXAS. 
 
 The next day, which was 27th of April, I left Lexington and came 
 back home. I won't say whether I came through St. Louis or I came 
 through Memphis. I could come either way; but I am sure I must 
 have come through St. Louis because I came to Texas on the Katy 
 flyer and that, of course, starts from St. Louis. I left Lexington, Ken- 
 tucky, on the 27th. I reached St. Louis on the morning of the 28th. 
 I took the Katy flyer on the night of the 28th to come to Austin. The 
 next morning — that train breakfasts at Parsons, Kansas, I took break- 
 fast there and I went to the telegraph office and I telegraphed Strib- 
 ling at Waco, and Radney at Waco to meet me at Hillsboro, and ride 
 down to Waco with me. I did not intend at that time to get off the 
 train at Waco. I was coming straight to Austin for a conference with 
 Governor Sayers. * * * 
 
 When I arrived at Hillsboro, Judge Nelson Phillips met me at 
 the train and told me that he had had a telephone from Stribling ask- 
 ing him to come to the train and explain to me that he was sick, was 
 the reason he had not come there. Mr. Radney had not sent any mes- 
 sage, although he was not there. So I continued on my journey and 
 when I reached Waco I got out of the sleeper onto the steps and on 
 the ground. Bob Henry was there and he said, "Get olT and spend 
 the night." I said, "No, I want to go on to Austin." He said, "You 
 can go tomorrow, and we will talk things over here." I said, "Why is 
 not Radney here?" Henry, as I recall, did not know that I had tele- 
 graphed for Radney at all. I went back into the sleeper and got my 
 valise, probably had an overcoat and valise, and I got off and spent 
 the night at Waco, talked with my friends over the situation, and 
 being there, / then talked with Henry and Thoinas and Stribling 
 about the IVaters-Pierce Oil litigation there. The first man I saw the 
 next morning was probably Mr. Thomas, outside of Mr. Henry. I 
 had been with him. And I spoke to Thomas about it and I told hirn 
 that I did not know anything about the merits of the matter; I did not 
 know anything about Air. Pierce but at the request of Francis I had 
 interested myself in the matter, and I would be glad to see it settled 
 upon terms that were just and fair to the State, of course, and to the 
 
 other parties, too. / then talked with Mr. Henry and Mr. Stribling. 
 
 » * * 
 
 I think I left there sometime about noon that day and came to 
 Austin. I got to Austin that night. / went to the Driskill Hotel and 
 spent the night. [Honorable P. H. Clements of Goldthwaite says 
 that Bailey apparently slipped into Austin over the L & G. N. in the 
 early morning of May ist, 1900, instead of spending the night of 
 April JOth at the Driskill Hotel as Bailey testified.] 
 
 The next morning after I had breakfast the first thing I did I 
 came to the capitol and went into Governor Sayers' office. I had 
 known him when we were serving together in the House of Repre- 
 sentatives. We had been friendly. I sat down and I said to him, 
 
The Political life-Story of a Fallen Idol 599 
 
 "Governor, I have come back to Texas to see about a political situa- 
 tion that I understand has arisen here." He said, "What is that, Bai- 
 ley?" I said, "Well, I understand that you and some other gentle- 
 men — I named them — are arranging a program to stock the State 
 Convention to make an expansion platform and to send an expansion 
 delegation to the National Convention, or at least, to send a delega- 
 tion which shall not include any of my friends to the National Con- 
 vention." "JVhy," he said, "that is the first I have ever heard of it." 
 [It is significant that Governor Sayers told Bailey that his, Bailey's, 
 statement was the first he, Sayers, had "ever heard of it." Bailey, like 
 Don Quixote of old was doubtless fighting icindmills, but evidently 
 there was inethod in his madness.^ 
 
 He said there was not a syllable of truth in it, he had not been even 
 consulted about such a program and if he were consulted about it that 
 he would not be a party to it. He said, "You made your fight. You 
 made it on the anti-expansion issue and you have won it and the peo- 
 ple of Texas having decided it your way, I think it would be inexcus- 
 able to attempt to reverse the will of the people in the Convention." 
 I said, "Very well, that is the end of it, because if these men can not 
 have your help then they can not accomplish anything." When I 
 went in there I had no thought of mentioning this Waters-Pierce Oil 
 Company matter to him, because I had thought it was a matter for the 
 Attorney General, but it occurred to me that it was a matter affecting 
 the policy of the State and that it would be proper to take his opinion 
 about it and I then brought the matter up and I said, 'I want to know 
 what is the policy of the administration about the settlement of these 
 cases. [Perhaps the political story furnished only a pretext for Bailey 
 to inquire of the Democratic governor of Texas "the policy of the 
 administration about the settlement."^ * * * 
 
 I went out of the Governor's office and my recollection is I went 
 into the Secretary of State's office and shook hands with Hardy and 
 said something to him about it. My desire was, as it had been ex- 
 plained by me to Pierce, that they would issue a new permit to the 
 company to do business and I had supposed up to that time that the 
 judgment only affected the old permit. I did not talk with Mr. Hardy 
 three minutes about it. I then went on into the Attorney General's 
 office and met Tom Smith there and other gentlemen around in the 
 office. * * * 
 
 I told him I had been into Governor Sayers and Sayers said that 
 there was nothing to it. And then I said, "I have come in here to tallz 
 with you about another matter." I then told him subsantially what I 
 had said to Thomas and Henry and Stribling at Waco, that I had no 
 personal acquaintance with Mr. Pierce and I knew nothing about 
 the merits of this litigation, but that Pierce had brought me a letter 
 from Dave Francis, who was a close friend of mine, and I said, "/ 
 would love to oblige Dave Francis just as I would love to oblige you, 
 Tom, if you would give somebody a letter to me, and I want to see if 
 you can not compromise this litigation." I then explained to him as 
 
600 Senator J. IV. Bailey of Texas Unmasked 
 
 Pierce had explained to me that his company was not in a trust, and 
 that it had been convicted only as he represented to me, of making an 
 exclusive contract, 1 had not gone very far until he said, "Now, Joe, 
 if I knew the Waters-Pierce Oil Company was not a trust company 
 and if I knew it would obey every law that Texas ever makes, and if 
 1 wanted to allow it to continue business in the State, I have no au- 
 thority to do so under the judgment of the court." He said, "Have 
 you ever read that judgment?" I said, 'No, I know nothing about 
 the case." He turned over and took the judgment — whether it was 
 a law book or whether it was a pamphlet I do not recall distinctly — 
 and he handed it to me and said, "Now read it and tell me what you 
 think about it." I read the judgment and if wns plainly a perpetual 
 injunction against the IVaters-Pierce Oil Company doing business in 
 the State of Texas and when I read it I said, "I do not think there can 
 be two opinions about that, Tom. Your plain duty is to execute that 
 judgment and you have no power to compromise." He said he felt 
 that way and I did not discuss it any more with him. Then the first 
 time I saw Pierce — and I think it was not until I went back to the 
 hotel — * * * 
 
 BAILEY ADVISES "RE-ORGANIZATION." 
 
 I then went down to the tavern and told Pierce that the Attorney 
 General was right in refusing to make the compromise; that under 
 the judgment of the court he had no power to compromise it, he was 
 afraid as a law officer, to accept it, and I also said to Pierce, "if I 
 were advising you, I would be afraid to continue with that judgment 
 of the court in force, because my opinion is you have no right to con- 
 tinue business under that judgment, and the only thing left for you to 
 do, and only lawful course open for you is to dissolve this offending 
 corporation, organize you a new one, come into this State with clean 
 hands and obey our laws, and if you do that, you will have no trouble 
 with our people and with the officers of this State." 
 
 They asked me if I would speak to the parties at Waco. I said 
 that/ had spolien to the parties at JJ^'aco and they asked me some ques- 
 tions about it, and I told them I did not have much to say to them 
 about it, I didn't know anything about it, and you all were coming 
 down here, I didn't intend stopping there at all. As I said a moment 
 ago, it was purely accidental. They asked me if I would go back there 
 and I said I will, and I did go back there and talked to these gentle- 
 men. I talked with Mr. Stribling, Mr. Henry, Mr. Thomas and Mr. 
 Pierce. * * * 
 
 HENRY SHOWS STANDARD OIL TRUST AGREEMENT. 
 
 They talked it over — now this was on the second visit. Before 
 Pierce had come there, or after I was there with Pierce, I talked with 
 Mr. Henry again about the matter. * * * He thought it was a 
 party to the Standard Oil Trust agreement. * * * He said, "I 
 have got the old Standard Oil Trust agreement here and the Waters- 
 
The Political Life-Story of a Fallen Idol 601 
 
 Pierce Oil Company is a party to it." l%^id/'Let me see it." He got 
 the old agreement down and that was the first time I ever saw the 
 agreementinmy life, the first time I ever read it. I read it. * * * 
 
 I found it divided the parties in the agreement into three groups 
 or classes. One class was composed of corporations which were par- 
 ties to it. Another class was a number of individuals enumerated that 
 were parties to it; and the third class were a number of corporations 
 with respect to which it was provided that any stockholder in those 
 corporations might become a party to it. And after I read it through 
 I said, "Bob, so far from this sustaining your contention, this is an ab- 
 solute disproof of your contention and I have no doubt that is why 
 Judge Brooke withdrew it from the jury. Well, he says, why? "Well, 
 I said, "If the Waters-Pierce Oil Company were a party to this trust, 
 it would have been enumerated in the first class, the class of corpora- 
 tions that were parties to it, and the fact that it appears in the third 
 class is a demonstration that the corporation was not a party to it, and 
 that a majority, the men who owned the majority of the stock were 
 not parties to it, but that is simply a provision that any stockholder, 
 whether he owned one share or one hundred shares, might by deposit- 
 ing his stock, become a party to it. « * * 
 
 [Bailey's conclusions and his argument with Henry in favor of the 
 Oil Masters was based upon conditions in 1882, eighteen years before 
 the time that Bailey was making this specious plea for them. Even 
 taking his construction, for the sake of argument, of the agreement, 
 (representing the facts in 1882), it still remains true that Bailey 
 should have taken notice that there was a connection between the two 
 companies and this should have caused him to have fully inquired 
 into their connection in IQOO. In other words, between the years 1882 
 and 1900 all of the stockholders of the Waters-Pierce Oil Company 
 might have transferred their holdings to the Standard Oil Company, 
 so far as Bailey knew or could know from an inspection of the orig- 
 inal Standard Oil Agreement.] 
 
 BAILEY PLEADS AGAINST "THE HUMILIATION OF A TRIAL" OF PIERCE. 
 
 There was something said about the criminal cases in the second 
 conference. That was when Mr. Scott, I mean Mr. Thomas, Mr. 
 Henry, Mr. Stribling and Pierce was there, and my view of that, my 
 statement on that was that if they could convict Pierce, then I had no 
 suggestion to make; that if they could not convict him, then I hoped 
 they li'ould not subject him to the humiliation of a trial. * * * 
 
 I went on back to Washington. * * * Wanted to get back to 
 Washington and the performance of my public duty. [Why then did 
 he linger about the offices of the Oil Masters in St. Louis, negotiating 
 loans from them and return to Texas to exercise his 'influence" with 
 the Democratic officials of our State? He himself told Francis that 
 it was "influence" he practiced for Pierce and consequently could not 
 charge Pierce a fee. Of course there was no harm in taking "a mod- 
 est loan."] * * * 
 
602 Senator J. IV. Bailey of Texas Unmasked 
 
 BAILEY RETURNS TO TEXAS BETWEEN JUNE 8TH AND I2TH, 19OO, VIA 
 
 ST. LOUIS. 
 
 I returned to Texas after the adjournment of Congress. Congress 
 adjourned that year on the 7th of June. I left Washington the even- 
 ing Congress adjourned. 1 went down to Kentucky. I stopped at 
 Lexington, reaching there die morning of the 8th. I stayed there a 
 day or two or three days. I was at home during banking hours on the 
 13th of June, and for that reason I know I must have been home on 
 the 1 2th of June. If I had reached home on the 13th I could not have 
 reached there until 6 o'clock — that is when the train arrives there — 
 and consequently I know that I was there on the 12th of June. [Later 
 on Bailey testified that he probably came through St. Louis on his re- 
 turn to Texas and from his own testimony it is evident that he was 
 likely in St. Louis about the 9th to the nth of June. That was the 
 time that Finlay, doubtless, met him in Pierce's private office and told 
 him that Pierce was out of town. Then it was that Pierce's famous 
 telegram of June 12th, Bailey's $1,500 draft of June 13th, the O. K.'d 
 voucher by Johnson for $i,t;oo on June i^th and Johnson's letter to 
 Clark of June i6th, advising that he had arranged for the time being 
 to satisfy Henry & Stribling, followed in rapid and logical and chron- 
 ological sequence.^ * * * 
 
 BAILEY DEFENDS RE- ADMISSION IN 1900. 
 
 Q. Senator Bailey, I wish you would explain to the committee 
 now in your own way, what motive inspired you in the Waco State 
 Convention and prior to the meeting of the Austin convention after 
 these attacks on Attorney General Smith and other State officers, to 
 make a defense of them with reference to the re-entry and the read- 
 mission, the re-entry of the Waters-Pierce Oil Company into the State, 
 and the granting of the new permit. 
 
 A. I took a peculiar interest, because Tom Smith was my friend, 
 personal and political, and I felt that he had done no wrong. I should 
 have defended him if he had not been my friend, because he was a 
 Democratic Attorney General and had been renominated by the peo- 
 ple, the convention merely assembling to ratify that. [If it was 
 Bailey's duty to defend the Democratic Attorney General for his fa- 
 voritism to the Oil Trust in 1900, why has it not likewise been Bai- 
 ley's duty to defend, instead of denounce, Attorney General David- 
 son, likewise a Democratic office-holder, for prosecuting the Oil 
 Trust in 1906-97-98?] * * * 
 
 BAILEY BEHOLDS THE OCTOPUS!!! 
 
 The witness Bailey (continuing, p. 8^3) — 
 
 Q. When was your belief with respect to these matters [the con- 
 nection between the Waters-Pierce and Standard Oil] changed? 
 
 A. After Mr. Rogers had refused to answer questions during the 
 taking of testimony in New York and the matter was certified, as I 
 
The Political Lifc-Slury of a Fallen Idol 603 
 
 remember, to the court and the court held it up until the Missouri 
 court decided whether they must answer, and then the attorneys in 
 that case admitted on the record, admitted it, however, as 1 recall, 
 for the purpose of that case, that this stock, belonged to the Standard 
 Oil Company of New Jersey. 
 
 Q. Now, about when was that. Senator Bailey? 
 
 A. Well, that was in the fall of 1905. I will go further and say 
 that I had begun to doubt it a little earlier than that; there had been 
 stories of some speculation in Wall Street touching the Mexican Cen- 
 tral Railroad and the newspapers had printed that the Standard Oil 
 Company had caught Mr. Pierce in a tight there and had squeezed 
 him out and taken this stock, away from him. I had heard these sto- 
 ries, and I had, of course, wondered whether they were true or not, 
 but even when they were printed it didn't ocur to me for a moment 
 that if they owned them at the time, that they acquired it otherwise 
 than as the newspapers had printed. I didn't know any better until 
 this proceeding in New York. 
 
 Q. Well, now, after you got that information, in your own way 
 what you did with reference to confirming the rumor and where you 
 went and who you saw and what you said, and what they said. 
 
 A. Well, I was in Washington when this admission was made 
 on the record, and I got on the train and went to New York, and I 
 went to Mr. Pierce's office and told him I wanted to know the truth 
 about it, and he told me that the stock stood in the name of a man 
 named Van Buren, and I then asked him if Van Buren had acquired 
 it in these speculations, and he said he had not, and I asked him who 
 this man Van Buren was, and he said he didn't know much about 
 him; and then I asked him why they made this admission, and he 
 said that he believed that the Standard Oil Company owned the stock 
 and that Van Buren didn't own it; that while it stood in his name he 
 held it for them. Well, I expressed my opinion pretty plain to him, 
 and that in the presence of some other gentlemen. Then I said, "I 
 am going to learn for myself whether Van Buren owns this stock or 
 whether the Standard Oil Company owns it, if I can." I asked one 
 of the gentlemen [Why did he not say the general attorney of the 
 Standard Oil Company, who according to Johnson's testimony, had 
 met them at Pierce's office by agreement?] there to go with me to the 
 Standard Oil Company, and we went over there and asked them 
 about it. They told me that Van Buren owned it; I understand that 
 there is a deposition here in this case that is pending at Austin in 
 which one of the officers of the Standard Oil Company swears now 
 that Van Buren owns the stock. I haven't seen the deposition, but I 
 understand that it is true. Well, I expressed my opinion pretty freely 
 to them about it. 
 
604 Senator J. IV. Bailey of Texas Unmasked 
 
 BAILEY ABUSES (?) STANDARD OIL CROWD BUT STILL CLINGS TO "MY 
 DEAR PIERCE." 
 
 Q. To what effect? 
 
 A. Well, Senator Odell, I rather doubt the right of a man to go 
 into another man's office or house and talk to him the way I did to 
 thetn and go out and tell about it. If the committee wants me to do 
 it I will do it. / told thetn I didn't believe a damn word they said, 
 and I told them that I thought they all ought to be put in the peniten- 
 tiary, and that I would help to do it. I felt like I had been deceived 
 about it, and I felt like everybody connected with it and owning 
 stock was a party to the deception. I do not believe that any corpor- 
 ation which was owned or controlled by the Standard Oil Company 
 could lawfully do business in this State. I venture that opinion with 
 some little hesitation now, because the State authorities seem to think 
 they can; at least, there are enterprises of that kind conducting busi- 
 ness in the State and no suit has been brought against them, but that 
 was my opinion. If I had known that the Standard Oil Company 
 owned this stock, I would have said to Mr. Pierce in the beginning 
 that I would not intercede and would not take part in it because I 
 would have felt that I would be aiding an unlawful enterprise to 
 operate here in evasion and in defiance of our laws, and the matter 
 had given me a great deal of trouble in politics and in tne State. I 
 suppose if it had not been that it would have been something else, 
 because my enemies are a pretty persistent lot, but still I felt like I 
 had been brought into a good deal of political strife, when, if I had 
 known the facts, I would never have had anything to have done with 
 it, and would have at least escaped much that has occurred and that 
 had then occurred. I felt as any other man would — very greatly out- 
 raged about it. I told Mr. Pierce what I thought about it also. 
 
 [But he has never felt sufficiently "outraged" to help the people of 
 Texas convict Pierce of perjury. The question arises: Why was 
 Pierce less guilty than the other Standard Oil people to whom Bailey 
 said : "I told them that I thought they ought all to be put in the pen- 
 itentiary, and that I would help to do it."] 
 
 PIERCE AGAIN MOLLIFIES AND CONVINCES JOE. 
 
 A. Well, when I upbraided Mr. Pierce pretty bitterly about 
 having misled me about it, he said he told me the literal truth; that 
 he told me that the Waters-Pierce Oil Company was not owned and 
 controlled by the Standard Oil Company and that that was the truth; 
 that while he believed they owned this Van Buren stock and thus 
 owned a majority of the stock that they had never controlled it, and 
 that his statement to me was the literal truth. And then he went on 
 to say that he had conducted the business himself and had conducted 
 it in conformity with the law, but, of course, that wasn't satisfactory 
 to me, because I had understood him to mean that the Standard Oil 
 Company had no interest in it, and then when I went to the Standard 
 
The Political Life-Story of a Fallen Idol 605 
 
 Oil Company office and asked about the matter and they told me 
 about Van Burn owning the stock and that they didn't, I didn't ac- 
 cept that statement, but I told them I didn't believe them when they 
 said Van Buren owned it. They said, "I hope you believe what we 
 say." I said, "/ don't believe a damn word of it; I believe you own 
 it, and if you do I believe it is an unlawful enterprise and I fiope the 
 State will indict every one of you and send you to t/ie penitentiary, 
 and I will help to do it." I went back, then, to the Waters-Pierce 
 Oil Company and they were a good deal — I mean to Pierce's office — 
 and Pierce and the others were a good deal alarmed and Pierce said, 
 "If you do this you just help to destroy the Waters-Pierce Oil Com- 
 pany, and that is what certain people are trying to do." And then I 
 said, "Why, if you believe that, why don't you get out and make a 
 fight against them, and if you make a fight against them, I will help 
 to do it; that the ownership by the Standard Oil Company of this 
 stock, if it owns it, is what renders it an unlawful enterprise." I ven- 
 tured the opinion that the decision in the Northern Security Company 
 case, that an officer who really wanted to protect the people against 
 the Standard Oil Company could bring a suit and upon the authority 
 of that case could eliminate the Standard Oil Company interest from 
 it. / said no more about it and went away. 
 
 bailey's extreme modesty. 
 
 I have recently heard some criticism that I had never, in any pub- 
 lic speech or published statement referred to this interview, about 
 what I said to Pierce and what I said to Archbold and others, and 
 that is true. I never made any statement about it in any public speech 
 or in any published statement; I have related that incident to a num- 
 ber of friends of mine in private conversation, but I did not refer to 
 it in any public speech for the very reason that I indicated yesterday 
 — a disinclination to make the statement to this committee — I very 
 seriously doubt the right of any man to go into another man's home 
 and upbraid him or assail him and then go out and relate to the pub- 
 lic what he had said. If it be said that a man is absolved from that 
 consideration by the thought that he was misled — and there is force 
 in that suggestion — then I had another objection to it — I did not want 
 to put myself in the attitude of coming to Texas and appearing to 
 seek to modify the criticisms here against me by telling how I had 
 bearded these people in their den. 1 felt that that would be consid- 
 ered more or less of a boast, or at least, more or less of an appeal to 
 prejudice. 
 
 (Here the Houston band proceeded to fill the committee room 
 with the martial strains of Dixie.) 
 
 Mr. Odell — I expect. Senator, you had better discontinue until 
 they are through with the music. 
 
 A. Yes, sir; they are playing Dixie; I like that; but I will say 
 that I have never heard it played before when somebody did not ap- 
 plaud it. 
 
606 Senator J. IV. Bailey of Texas Unmasked 
 
 [Why should thoughtful Texans applaud this favorite Southern 
 air when their most cherished ideals of Southern statesmanship had 
 been shattered by this Southern Senator and his Senatorial toga be- 
 smirched by the foul breath, through the traitorism of its wearer, of 
 the public enemies of the State? It has indeed been a sad ordeal for 
 patriotic Texans and some mournful dirge commemorative of a pub- 
 lic calamity would have been more appropriate to the occasion where 
 a Southern Senator was being, for the second time, not investigated, 
 but whitewashed. Is it any wonder then, that the strains of Dixie 
 fell on unresponsive hearts?] 
 
 The witness Bailey (continuing, p. 943) — 
 
 Q. Was there any reference made by vou to the conversation 
 they had had with Pierce and the Standard Oil Company people in 
 that connection? 
 
 A. No, sir, and I have mentioned that very seldom. I have 
 mentioned it to some of my particular friends. [But never it seems 
 where it would do the people of Texas any good. For his "particular 
 friends" are men who have been indicted in connection with the 
 Texas anti-trust laws. Rockefeller, Pierce, Kirby and Company.] 
 
 BAILEY AGAIN APOLOGIZES FOR WATERS-PIERCE. 
 
 The witness Bailey (continuing, p. 858) — 
 
 Sometime in 1903, may be 1904, the morning paper reported that 
 the Attorney General [Bell] had filed a suit to cancel the permit of 
 the Waters-Pierce Oil Company to do business in this State, alleging 
 that the Company had failed to file its report or affidavit, as required 
 by law. I read the morning paper and immediately after reading it 
 — I was in one room of my ofiice building and my secretary was in 
 another — I did not finish the reading of the balance of the paper, but 
 immediately after reading that statement from Austin I called my 
 secretary into my room and dictated a letter to General Bell, tender- 
 ing my services to the State, without cost, to assist in his suit to cancel 
 the permit of the company and to drive it out of the State. I stated 
 to him in that letter that I was constrained to believe that there was 
 some oversight or some mistake somewhere, and that my belief was 
 based upon the fact that the president or managing owner or officer 
 of that corporation had assured me so positively and had repeated 
 that assurance, too, that his company intended to obey our laws and 
 to conform to our policies, that I could not believe that they intended 
 then to defy the laws. * * * 
 
 I immediately wrote General Bell tendering him my services, 
 [with an apology in advance and an explanation for the culprit.] 
 I was influenced to make my tender of services by reason of the fact 
 that I had advised the Attorney General [Smith] to let them back. 
 [Was he not thereby disqualified from acting as an attorney for the 
 State when he had heretofore admittedly advised with the litigants 
 on the other side?] 
 
The Political Life-Story of a Fallen Idol 607 
 
 BAILEY REFUSES TO ASSOCIATE WITH DAVIDSON ALTHOUGH THE LATTER 
 WAS A DEMOCRATIC ATTORNEY GENERAL OF TEXAS. 
 
 Q, Well, during the political controversy, too, I recall some- 
 thing with connection with this suit or the proposed suit by Attorney 
 General Davidson, of a letter you wrote him; do you remember the 
 circumstances under which you wrote that letter and about when it 
 was? 
 
 A. Well, after I returned to the State, the latter part of Septem- 
 ber, I wrote to General Davidson a letter — 1 did not tender my legal 
 services to him and I did not want to be associated with him. 1, how- 
 ever, did say that I felt constrained, by a sense of duty to the State to 
 tender him my testimony to establish the fact that the manager of the 
 Waters-Pierce Oil Company in coming back into the State had rep- 
 resented that it was an independent enterprise and free from the own- 
 ership and control of a trust. I had before that talked — 
 
 Mr. Poindexter — In that letter you mean you tendered your tes- 
 timony? 
 
 A. I told him I would be glad to come to Austin whenever the 
 case was to be tried, at my own expense, to testify to the facts within 
 my knowledge. I will say that I did not tender my legal services to 
 the present Attorney General of the State, as I had formerly done to 
 General Bell, because I had already talked with him about assisting 
 in this matter, and insisted if the case were to be tried that I was to 
 assist. Instead of doing that — instead of consulting!; me about it or 
 advising icith me as to the purpose, he filed this suit simultaneously 
 with a political attack made on me in Texas, and I believed then and 
 I believe now that that suit was brought at that time as a part of a 
 political program, and believing that, of course, as a self-respecting 
 man, / could not afford to associate myself with the Attorney Gen- 
 eral. 
 
 BAILEY TALKS TO DAVIDSON BUT SHIELDS HIS CLIENT, THE WATERS- 
 PIERCE OIL COMPANY. 
 
 Mr. Odell — Now, Senator, pursuing the inquiry a little further, 
 did you at any time in the summer of 1906 or the spring of 1906 have 
 an interview with Attorney General Davidson in Washington? 
 
 A. Yes, sir. 
 
 Q. About when was that? 
 
 A. Well, I can not fix the time. It was during the session of 
 Congress. General Davidson was there. He did not call on me, but 
 the papers stated that he was there to obtain information from the 
 Bureau of Corporations as to the relation between the Waters-Pierce 
 Oil Company and the Standard Oil Company, and I went to the 
 hotel and called on General Davidson, and I told him I had noticed 
 in the papers what he was there for — it did not then occur to me that 
 he was avoiding me or that he had any idea of instituting this suit to 
 assist my enemies — nothing was further from my mind. I told him 
 
608 Senator J. W. Bailey of Texas Uiuaasked 
 
 if the Bureau of Corporations did not furnish it at my request (many 
 of the Departments will supply things at the request of Senators and 
 Representatives that they deny to citizens, or even officers of the 
 States), and if they would not allow him to have it upon his own re- 
 quest and would not allow me to have it on my request, that I would 
 introduce a resolution in the Senate and ask for the information. 
 [P'ery accommodating indeed was Joe and very solicitous for the peo- 
 ple of Texas in their fight with the Oil 7nasters.] He thanked me 
 and said that the Commissioner of Corporations had been very cour- 
 teous and had laid before him all the matters. / noticed that he did 
 not tell me what the matters were, but I did not attach any significance 
 to it at that time. / could go to where we stood — go within six feet 
 of the place where we both stood. It was against an iron railing in 
 front of the New Willard Tavern there. I don't think Attorney Da- 
 vidson was stopping there, however, as I recall. We had walked up 
 the street, probably from the Raleigh — it might be he was stopping 
 at the New Willard — anyway I know where this conversation hap- 
 pened. I said to him then, that when he got this matter in his mind, 
 if he could prove the ownership of this stock by the Standard Oil 
 Company, I would be very glad to assist him in the case. I told him, 
 though, that unless they could prove it I did not want to take any 
 part in it, because I knew if I was in the case and the State lost it, 
 these blanks, blanks would say that I butt in there for the purpose of 
 protecting this corporation against the justice of the State. 
 
 [According to Bailey's own statement that conversation occurred 
 during the suinmer of IQOO. According also to his own testimony 
 and that of J. D. Johnson, he, Bailey, discovered the exact connec- 
 tion between the Standard Oil Company and the Waters-Pierce Oil 
 Company through Pierce and through the Standard Oil officials 
 themselves in igo^- Yet he said nothing to Attorney General Da- 
 vidson about the fact, but on the contrary concealed the fact of his 
 own personal knowledge, through their admissions. This proves by 
 Bailey himself that his double dealing and deceitfulness were of the 
 very deepest water.'] 
 
 The witness Bailey (continuing, p. 86i) — 
 
 He [Davidson] was very pleasant about it, and I understood him 
 as assenting to my proposition, that my political enemies would lie 
 about me if I got into the case and the State lost it. I knew they 
 would lie about me because I knew they had been doing it, and he 
 seemed to assent to that proposition; at any rate, when I parted with 
 him I said to him that / would be glad for him to h.eep me advised 
 and anything I could do there — the question then was whether they 
 could prove that the Standard Oil Company owned this stock or 
 whether this stock really belonged to this man Van Buren. [Johnson 
 testified that Pierce told Bailey frankly in 1905 that he had de- 
 ceived him (?) and that he, Johnson, had felt all along that they 
 should have told Bailey even before that time of the fact that the 
 Standard Oil Company did own the Van Buren stock, amounting to 
 
The Political Life-Story of a Fallen Idol 609 
 
 68 3/4 per cent of the entire stock of the JVaters-Pierce Oil Com- 
 pany.] 
 
 Mr. Odell— Well, the next— 
 
 A. I want to say about that. I think, we also considered the ques- 
 tion of the law — I know we did, in fact as to whether if we proved 
 the ownership of this stock by the Standard Oil Company instead of 
 that Van Buren owned it, whether the bare question of the ownership 
 of the stock constituted an offense against our anti-trust laws. I re- 
 member distinctly to have suggested to him that we did not have the 
 same situation in Texas that they had in Missouri, because unless 
 they could prove that the Standard Oil Company owned the Texas 
 Oil Company or the Gulfey Refining Company, that we could not 
 prove that they were competing companies in Texas, owned by the 
 same interests. [He has always been lookint^ for excuses and argu- 
 ments in favor of the oil interests and af^ainst the State of Texas.'\ 
 
 I told him that I thought he would tind that both the GufTey 
 Company and the Texas Company were engaged in the business of 
 oil merchandising. They were originally organized as refining com- 
 panies, but both of them had established stations over Texas, and at 
 these stations they were selling oil at retail, thus competing against 
 the Waters-Pierce Oil Company. \He seemed very familiar with 
 the oil trade and the competitors of the IVaters-Pierce Oil Company. '\ 
 and that if we could prove that the Standard Oil Company controlled 
 them and also controlled the Waters-Pierce Oil Company, then we 
 would have the same case against them in Texas that they had made 
 out in Missouri. After some further talk along that line, I said, 
 "Good night" to hirn and went away. I would not be positive, but I 
 think I invited him to come to the Senate the next day and lunch with 
 me. He did not come. [Is it any wonder that the Attorney General 
 "did not come?" If he had followed Bailey's example of bowing 
 down to the golden calf and negotiating "loans" from the oil masters, 
 we would have never known of Bailey's secret transactions. 
 
 BAILEY WRITES DAVIDSON AND LIGHTFOOT, JUNE 21, 1906, IN AN 
 EFFORT TO SIDE-TRACK THEM. 
 
 The witness Bailey (continuing, p. 862) — 
 
 Q. I wish you would read that letter to Mr. Lightfoot, Senator, 
 please, sir. 
 
 A. This letter is dated Washington, June 21, 1906. "Hon, 
 Jewel P. Lightfoot, Austin, Texas. My Dear Sir: Yesterday a gen- 
 tleman told me that some one had represented to you that either I had 
 given my notes to the Waters-Pierce Oil Company or that the Wa- 
 ters-Pierce Oil Company had given its notes to me, and that the trans- 
 action had some connection with the readmission of the Waters- 
 Pierce Oil Company to Texas. It is immaterial whether this party 
 stated I had given my notes to the Waters-Pierce Oil Company or it 
 had given its notes to me, because either statement is absolutely false. 
 I have never received any note from or given any note to the Waters- 
 
610 Soiator J. /('. Bailey of Texas UiiinaskcJ 
 
 Pierce Oil Company, nor have I ever received any money from it or 
 paid any money to it. I am sending a copy of tliis letter to Attorney 
 General Davidson. Very truly yours." And on the same day here 
 is a copy of a letter to Attorney General Davidson, dated Washington, 
 D. C, June 21, 1906, addressed to Honorable R. V. Davidson, Aus- 
 tin, Texas. "My dear Davidson," it reads, "Herewith enclose you a 
 copy of a letter to Mr. Lightfoot which will explain itself. Very 
 truly yours." 
 
 Q. Did you ever have any reply to either of those letters? 
 
 A. Never. * * * 
 
 I am probably the only man who has served in Congress for six- 
 teen years and who has occupied my position, who has never made a 
 speech in New England. I have never been there but once. I went 
 to Hartford once to see about a matter of business for a friend of 
 mine, and I am a little surprised that they haven't put that in this 
 investigation too. ["A guilty conscience needs no accuser," and from 
 the above remark it is entirely likely that the transaction referred to 
 would have formed the basis of a proper charge.] 
 
 BAILEY COLLECTS $40,000 FROM "MY DEAR PIERCE." 
 
 The witness Bailey (continuing, p. 947) — 
 
 Q. Now, have you any objection to stating the extent of your 
 dealings with Mr. Pierce, when your dealings began, — that is, what 
 money you borrowed from him, what money he has paid you, and 
 for what purpose? 
 
 A. I do not remember every transaction I had with M.r Pierce. 
 Mr. Pierce has probably paid me anywhere frorli $215,000 to $40,000 
 in the last five or six years for various things I have done for him. 
 
 Q. Now, taking them up in their order, in 1900 you did nothing 
 for him? 
 
 A. No, sir. 
 
 Q. For which you received any compensation? 
 
 A. No, sir. 
 
 Q. That was the year you went over to New York? 
 
 A. If it is of interest to the Committee, I will get my book. [But 
 he did not produce his books nor any of his papers, although they 
 were demanded of his attorneys in 'writing.~\ 
 
 Q. Have you it here? 
 
 A. No; I haven't it here any more than you have yours, and any 
 more than you could tell all the matters to which you have given 
 your attention as a lawyer in six years. 
 
 A. Well, just so much as you are able to recall. 
 
 Q. I have detailed all of this at length. They are the matters 
 that are called to my attention. If I undertook to tell you all of them, 
 and I told you four-fifths of them, and left out the other one-fifth, 
 then somebody says, "Bailey did not tell about this," and conse- 
 quently, T am not going to take any such chances as that. 
 
 Q. Well, up to November of that year you had no further tran- 
 
The Political Life-Story of a Fallen Idol 611 
 
 sactions? You had no transaction with Pierce in which he became 
 indebted to you for anything in 1900? 
 
 A. No, sir; I do not think I attended to anything for Mr. Pierce 
 in 1900. I am reasonably sure I did not, because his first offer of 
 employment to me, as I now recall it, was an offer to employ me as 
 his special counsel. * * * 
 
 Q. Now, had you received any demands from Mr. Pierce to re- 
 pay the money that you had borrowed? 
 
 A. I had not; no, sir. He never said a word to me about 
 
 Q. Well, you say you gave Governor Francis the items and told 
 him the amount to send, which was $4,800, the amount he did send. 
 Now, why didn't you add interest to that matter? 
 
 A. Well, friends seldom charge each other interest. 
 
 Q. I mean to the Pierce matter. Why didn't you instead of 
 just paying the $4,800 add interest to it? 
 
 A. Well, that was exactly what I owed — $4,800 — and while I 
 have no independent recollection of thinking about interest, I do not 
 suppose Pierce would have charged me interest. Evidently he did 
 not. 
 
 Q. Well, you expected him to when you borrowed the money? 
 
 A. Well, I do not know whether I did or not. I do not know 
 that anything was said about that. I know I said I would pay him 
 back. 
 
 Q. Do you remember in your answer to the Attorney General 
 using this language, "I told him I would speak to the Attorney Gen- 
 eral while I was here," — referring to your intended trip to Texas — 
 "I might not have the time to dispose of the horses while in Ken- 
 tucky, and that if he would be willing to take my obligation and al- 
 low me to pay it with interest, I would consider a loan of $3,300 a 
 favor." 
 
 A. Yes, sir. 
 
 BAILEY REFUSES TO ASSIST IN SECURING THE TESTIMONY OF PIERCE. 
 
 The witness Bailey (on cross-examination p. 990) — 
 A. I have not asked him and I would not ask him, Senator 
 Looney. I would not put myself in the attitude of asking any man 
 in the world for my accommodation to come and submit himself to 
 arrest and prosecution for a felony, and particularly when I be- 
 lieved the prosecution was a part of a political program against me. 
 * * * That he would corroborate me exactly at all points where 
 he testified to the same thing I testified to is, of course, absolutely 
 certain, but when he did it the same men who engaged in this work, 
 of course, when I say the same men I recognize that there are some 
 honest men, but the honest men are all satisfied, and those who are 
 not satisfied could never be satisfied, and I would not put myself in 
 the attitude of asking any living man. If he were my friend I 
 would have no right to ask him to suffer on my account. [But the 
 
612 Senator J. W. Bailey of Texas Unmasked 
 
 Committee offered Pierce immunity from arrest and were not the 
 People of Texas entitled to have Mr. Pierce put on the witness stand 
 and grilled under a severe cross-examination as to the important part 
 he played in all these numerous transactions? If Bailey was inno- 
 cent he certainly ought not to have objected to having that innocence 
 established.] 
 
 / do not regard his testimony as material. I do not regard it as 
 material to my friends, because they will believe what I say, and I do 
 not regard it material for my enemies, because if the Savior of the 
 world were to come down here and He had searched my heart and 
 found it pure and undefiled, they would cry out, "Crucify Him." 
 They would say He had been found even with sinners and talking 
 with publicans, and they would gather a rabble. So I do not think 
 it is of any consequence. [Even criminals are sometimes caught in 
 the meshes of their own criminality.] 
 
 BAILEY SAYS HE RECEIVED NO FEE. 
 
 Q. Senator Bailey, did the Waters-Pierce Oil Company at any 
 time, through H. C. Pierce or any other officer or agent of the com- 
 pany, ever pay you, directly or indirectly, one cent for the services 
 that you undertook to render H. C. Pierce while you were in Texas 
 the last days of May, the last days of April and the early days of 
 May, 1900? 
 
 A. No, sir; not one dollar. They offered to pay me and I de- 
 clined it, and not one dollar was ever paid me, directly or indirectly, 
 for that service or for any other service, because as a matter of fact 
 that is the only service I ever rendered or attempted to render to the 
 Waters-Pierce Oil Company. [The Waters-Pierce Oil Company 
 books and the witnesses all show that the fees and the expenses ac- 
 count Texas cases, Texas matters and Texas legislation, reached 
 Bailey's pockets and were charged to profit and loss.] * * * 
 
 BAILEY FORCED TO ADMIT FAMOUS $1,500 DRAFT. 
 
 The witness Bailey (continuing on p. 848) — 
 
 Q. The $1,500 item, when did you get this $1,500, Senator 
 Bailey; under what circumstances? 
 
 A. Well, the books of the Red River National Bank show that 
 I drew that draft on the JJth of June, that it was that day passed to 
 my credit at that bank. I used it, owed the bank some of it. One 
 of the notes that I owed the bank, I remember, was a small note for 
 which the money was applied to the payment of my taxes. I owed 
 this bank the five hundred and odd dollars and I had some other 
 small matters like that requiring my attention and I borrowed the 
 $1,500 to pay them and I used the $1,500 in paying them.* * * 
 
 The witness Bailey (continuing p. 939) — 
 
 Q. Now, with reference to the $1,500 draft, you drew that on 
 the 13th day of June? 
 
 A. Yes, sir. 
 
 Q. On H. C. Pierce, in St. Louis? 
 
The Political Life-Story of a Fallen Idol 613 
 
 A. Yes, sir. 
 
 Q. Had you made any arrangements with him to draw this 
 $1,500 draft on him? 
 
 A. As I stated to him when I told him I was going to Ken- 
 tucky to sell these horses that I needed to raise some money. He 
 asked me how much I needed, and I told him I needed about $5,000, 
 and I needed $3,300 then, and I drew the $3,300 then and drew the 
 other $1,500 under that understanding. There was not more than 
 — less than two months between the two dates. 
 
 BAILEY TRIES TO EXPLAIN DESIRE FOR ABSENCE OF PIERCE'S ENDORSE- 
 MENT OF NEW YORK EXCHANGE FOR $I,750. 
 
 Q. You may examine the letter with the $1,750 voucher in con- 
 nection with the $8,000 note. 
 
 A. Yes, sir. 
 
 Q. First, I will ask you to state whether or not that is your let- 
 ter? (Handing letter to witness.) 
 
 A. Yes, sir; I am reasonably certain that is my letter. 
 
 Q. Well, now, have you any definite recollection, Senator, as to 
 when you received the exchange called for in that letter? 
 
 A. No, Mr. Odell, of course, I would think 1 got it in prompt 
 response to that letter; I think if I had not got it there would have 
 been another letter in here that they might have stolen also; I think 
 I would have written at once if it had not come on that; I am not 
 positive. I know I did get the $1,750 and I know I got it once and 
 only once. * * * 
 
 Well, I wanted the money without delay, and knowing Mr. 
 Pierce's multitude of business I knew that these things that arc im- 
 portant to us are very frequently overlooked by him. I knew if I 
 told him to send me exchange for it he would be very much more 
 apt to attend to it promptly than he would if he would send me his 
 check; his clerk would bring the check in and lay it down and he 
 might wait a week before he signed it; I think he signed all his 
 checks, I never saw anybody else sign one of them; if he made the 
 exchange payable to his order he might have laid it down there a 
 week before endorsing it and consequently I wrote for it in this way 
 as a means of getting it more promptly, and therefore I think if it 
 had not been sent to me promptly I would have written another letter 
 a little stronger than this about it. [It would certainly have been less 
 trouble to Pierce to have sent Bailey his personal check than it was 
 for Pierce to send a man out to a bank for the purpose of buying 
 New York exchange. Bailey had already gotten back his own sig- 
 natures to the $1,500 draft and $3,300 receipt and did not want his 
 name and Pierce's disclosed by an endorsed check or draft passing be- 
 tween them. In other 'words, Bailey wanted such a draft as would not 
 show Pierce's connection with the money at all.] 
 
 The witness Bailey (continuing p. 940) — 
 
 I know I had the $1,750 but once, because I did not pay it back 
 to him and I know that letter is a misstatement. 
 
614 Senator J. W. Bailey of Texas Unmasked 
 
 Q. He did not send to you in any form $1,750 before this trans- 
 action, this letter here? 
 
 A. No, sir; he did not. 
 
 Q. And you did not return it to him? 
 
 A. I did not. 
 
 The witness Bailey (continuing p. 941) — 
 
 Q. Now, had you at that time acquainted yourself with his 
 business habits? 
 
 A. Oh, yes, I saw a good deal of Mr. Pierce in the winter of 
 IQOO-OI. He was in New York at that time and when I was there 
 I saw a good deal of him. I was probably in his room or office half 
 a dozen times. 
 
 The witness Bailey (continuing on cross-examination p. 965) — 
 
 Q. Now, going back to some other matters, you got acquainted 
 with Mr. Pierce in April, 1900? 
 
 A. Yes, sir. 
 
 Q. And you say him but a few times between that and the time 
 of the adjournment of Congress that year, did you? 
 
 A. Well, I don't know, Mr. Jenkins, that I saw him at all until 
 the fall of 1900, I believe I did not. 
 
 The witness Bailey (continuing on cross-examination p. 952) — 
 
 Q. Do you know whether or not the books that the leaves were 
 brought here from of that banker show anything about this $1,750? 
 
 A. No, sir; I do not. He was not asked to bring that. 
 
 Q. No, but they would, wouldn't they? In other words, the 
 transaction was through that bank, wasn't it? 
 
 A. Undoubtedly. I did all my business through that bank, and 
 if they had had all the book here that would have appeared just as the 
 $1,500. That is, when I got the $1,750, unless I owed it somewhere 
 else and sent it, I would have deposited it right there. 
 
 Q. Well, he brought the books with reference to the $1,500 at 
 your request, did he? 
 
 A. At the request of Senator Hanger, Senator Odell, or some of 
 them; yes, sir. 
 
 Q. Do you know why he was not asked to bring his books cov- 
 ering the period of the 3d of March to the 12th of June, which are 
 the respective dates, — 1901 — the respective dates of your letter and 
 the voucher with reference to the $1,750? 
 
 A. No, sir; I do not know why he was not asked. I want to 
 say to you that I was advised to bring him down here about the 
 $1,500. / think the people of Texas are willing to take my word, 
 and I protested against bringing a banker down here to prove the 
 truth of what I was saying or what I was going to say. My coun- 
 sel know that, but they had him brought down here anyhow, had him 
 summoned here, or he agreed to come here, before I knew it, and 
 they know I protested against having to support my word by the bank 
 books of anybody. 
 
 [The time was when the people of Texas would accept Mr. Bai- 
 
The Political Life-Story of a Fallen Idol 615 
 
 ley's unsupported word, but alas! that time is forever past. Is it any 
 wondei that he protested against "bringing the banker down," for 
 the banker's books showed that he drew the famous $1 ,§00 draft, 
 which he had so frequently and so vehemently denied.^ 
 
 BAILEY HIMSELF FORCED TO ADMIT GENUINENESS OF INCRIMINATING 
 VOUCHERS, ETC. 
 
 The witness Bailey (on cross-examination p. 977) — 
 
 Q. All right — now in connection with Mr. Gruet's statement or 
 evidence, what particular documents that the Attorney General pub- 
 lished or exhibited are in your opinion forgeries? 
 
 A. None of those exhibited are forgeries, because they did not 
 exhibit the Henry and Stribling draft, and that is the only one that I 
 denounce as a forgery. * * * 
 
 I did not say anything about the vouchers and documents in con- 
 nection with that, and it was presented to me as a draft which I had 
 drawn in favor of Henry & Stribling and I promptly said that if any 
 such draft was in the possession of the Attorney General, it was a for- 
 gery. [The technical difference between the draft that Bailey 
 claimed to have denied and the draft which, on discovery, he was 
 forced to admit, was that the former was said to have been drawn in 
 favor of Henry & Stribling whereas the draft he did draw was in 
 favor of the Red River National Bank of Gainesville, Texas. This 
 is a distinction without a difiference. There is no falsehood or deceit 
 more false or deceitful than a double deception.^ 
 
 Q. Well, the documents published by the Attorney General did 
 not indicate he had any such draft, did they? 
 
 A. Why, yes, sir; my impression is that when he made the de- 
 mand on the attorneys, that he demanded the production of that 
 draft. 
 
 Q. Wouldn't that indicate he didn't have it? 
 
 A. Yes, sir; but it would have indicated that he didn't have 
 these other papers, but it turns up he did have them. 
 
 Q. But the question I put was in the affirmative instead of the 
 negative. He never stated he did have such a draft, did he? 
 
 A. He never stated he had these other papers either, and the 
 draft; I was asked about the draft just as I was asked about the other 
 papers and the interrogation was in a form that implied to my mind 
 an assertion that he had it. The other papers, of course, I knew 
 nothing — 
 
 Q. The voucher as published stated the draft delivered to Mr. 
 Pierce, didn't it? 
 
 A. Yes; yes, sir. 
 
 Q. That would indicate that he didn't have it? 
 
 A. Yes, sir; that would indicate that. 
 
 Q. That notation on here appears to be in the hand of Mr. 
 Naudain? 
 
 A. So the testimony is. * * * 
 
616 Senator J. IV. Bailey of Texas Unmasked 
 
 Q. Didn't Mr. Naudain testify if the draft had been detached 
 at that particular date he would have made that notation and re- 
 quired Mr. Gruet to sign it? 
 
 A. Yes, sir; he said he knew that was why he did make the no- 
 tation and required Mr. Gruet to sign it, because the draft was not 
 there and then he was asked and said he had never seen the 
 draft. * * * 
 
 Mr. Jenkins, you asked me about whether these papers are gen- 
 uine or not. Of course, the purpose of that is to show that when I 
 said or as reported in the newspapers what I said, that these papers 
 from the Attorney General's office were forgeries, that I was mis- 
 taken. I want the record to show that the only paper that I ever de- 
 nounced as a forgery was the purported Henry & Stribling draft. 
 1 did not know what these other papers were which I had never 
 signed and which I had never seen. I could not say whether they 
 were forgeries or not, but the Henry & Stribling draft, if it existed, 
 was drawn by me, and therefore I did have a positive knowledge 
 about it. * * * 
 
 Q. Well, then, the voucher purporting to show and showing 
 that the Waters-Pierce Oil Company paid money to Henry & Strib- 
 ling upon your sight draft does not speak the truth? 
 
 A. It is false, absolutely. 
 
 Q. And that voucher is one that is signed J. D. Johnson? 
 
 A. That is the one that has got J. D. Johnson's name to it. 
 
 [J. D. Johnson testified that his signature to the O. K. on this 
 voucher was genuine; Finlay testified that he directed its issuance 
 upon the famous telegram from Pierce; Naudain and Hutchinson 
 testified to the accuracy and genuineness of the voucher and traced 
 it through the books of the Waters-Pierce Oil Company to profit and 
 loss; andyet J. IF. Bailey says "It is false, absolutely."] 
 
 BAILEY RECEIVES $200 EXPENSE MONEY FROM PIERCE NOVEMBER, 
 
 1900. 
 
 The witness Bailey (continuing p. 852) — 
 
 Q. You have seen, have you not, among these papers a voucher 
 for — a purported voucher for $200 purporting to be the amount of 
 your expenses here at some time? 
 
 A. Yes, sir; I have seen that. * * * 
 
 Q. Did Mr. Pierce or anyone else pay your expenses m Texas? 
 
 A. No, sir; Mr. Pierce offered to do it, and, in fact, insisted on 
 it, and I told him that if I had been coming to Texas on his business 
 I would have allowed him to do it, but inasmuch as I was coming 
 back here anyway I would pay my own expense. The date of the 
 voucher would show that it was not that item; I came back here in 
 April and that is dated November. * * * j went through St. 
 Louis after the election in November [1900] and somewhere between 
 the election and six or eight days after that, I was in St. Louis. 
 \_Tliat is just the time also that Stribling was there collecting his 
 
The Political Life-Story of a Fallen Idol 617 
 
 $J,IOO and the same time also that Pierce, Francis and Bailey were 
 mutually arranging for Bailey to get back his $I,jOO draft and his 
 $3>300 receipt.^ 
 
 The witness Bailey (continuing p. 941 ) — 
 
 Q. When was the first time you remember to have been em- 
 ployed by Mr. Pierce, to have done any Icind of work for him? 
 
 A. I think in 1901 some time. I believe it was, but on that I 
 am not accurate. I guess I could refer to my papers and tell ex- 
 actly. * * * 
 
 Q. Now, have you any knowledge at all or memory on the 
 question, or touching the question of Pierce ever paying you $200 be- 
 tween that time and the time this voucher purports to have been 
 made, for any purpose? 
 
 A. No, sir; I have not. However, in the fall of 1900 I got a 
 telegram from Mr. Pierce to come to New York and I went there. 
 I do not know exactly when it was, but it is possible that — and I 
 know in reason that he paid my expenses. 
 
 PIERCE OFFERS BAILEY $50,000 PER ANNUM (?) 
 
 Q. Did you ever have any business with him of any kind, legal 
 business in 1901 ? 
 
 A. I would imagine that I did in 1901, I am almost sure I did. 
 
 Q. Do you remember what it was, that is, the character or 
 scope? 
 
 A. Judge, the time I went to New York in the fall of 1900, I 
 went there and Mr. Pierce tried to employ me. They talked about 
 his wanting to use me as a Senator. He ofTered me a very handsome 
 salary to go out of the Senate, or not to go in it, in fact. He offered 
 me $50,000 a year and I declined it to serve the people of Texas at 
 $5,000 a year. I did not have any legal business with him then. 
 
 Q. Do you remember when that was? 
 
 A. This time I went to New York when he telegraphed for me 
 in the fall of 1900, he had a great many things, a great many impor- 
 tant things. Mr. Johnson was and had been for many years the at- 
 torney of the Waters-Pierce Oil Company, and Mr. Johnson could 
 not discharge the duties of that position and then attend to Mr. 
 Pierce's other matters, and Mr. Pierce offered to employ me as his 
 private counsel at that time. I did not then have any business with 
 him. I declined that. I have sometimes wished I had accepted it 
 and escaped the infamies that have been practiced against me in the 
 politics of this State. 
 
 [If he had accepted Pierce's ofifer of $50,000 (if Pierce ever in 
 fact made him such an ofifer), he could not have earned in the past 
 six years at that rate the million dollars accredited to him now. In 
 other words he has been worth more, far more, in the Senate than 
 he would have been worth out of it to "the interests" and to "the sys- 
 tem."] 
 
618 Senator J. IV. Bailey of Texas Unmasked 
 
 BAILEY FORCED TO ADMIT THAT DAVIDSON DID RIGHT IN SUING WA- 
 TERS-PIERCE OIL COMPANY SEPARATELY. 
 
 The witness Bailey (on cross-examination p. 976) — 
 
 Q. Well, I will change the form of the question. Referring to 
 the suit of the Attorney General against the Waters-Pierce Oil Com- 
 pany, it being assumed that the purpose of that suit is to show that 
 the Waters-Pierce Oil Company is connected with the Standard Oil 
 Company, would you as a lawyer think it wise to bring a suit in that 
 way instead of bringing it against two or three concerns, each of 
 whom would have a right to defend itself in court and have a right 
 to have different attorneys, and to have continuances, as the case 
 might be. 
 
 A. I would not have joined them. If I had been Attorney- 
 General of this State and I had thought that the Waters-Pierce Oil 
 Company was an illegal business enterprise because the Standard Oil 
 Company owned a part of it, I would have been absolutely sure that 
 the Corsicana refinery, of which the Standard Oil Company owned 
 the whole, was an illegal enterprise, and I certainly would not have 
 brought suit first against the company of which the Standard owned a 
 part only and left other enterprises of which the Standard Oil Com- 
 pany owned the whole. 
 
 Q. Yes, sir? 
 
 A. The vice in the Waters-Pierce Oil Company, if it is an il- 
 legal business, is the ownership by the Standard Oil Company of 
 stock in it. Now surely the vice would be greater in a case where 
 the Standard Oil Company owns the whole of it, and for the Attor- 
 ney General to bring suit against a company of which the Standard 
 Oil Company owns only a part, and to leave companies of which the 
 Standard Oil Company owned the whole to go unwhipped of jus- 
 tice is to my mind incomprehensible. [In other words, Davidson 
 refused to conceal Bailey's trust relations, which was to Bailey "in- 
 comprehensible."] * * * 
 
 If it is true that the Standard Oil Company owns both the Secu- 
 rity Oil Company and the company at Corsicana, those two corpora- 
 tions being engaged in the same business, the same man could not 
 own them both, whether that be the Standard Oil Company or any- 
 body else. * * * 
 
 Q. But, if you had any proceeding against the Waters-Pierce 
 Oil Company, you would not have joined the other companies in that 
 suit? 
 
 A. No, I would not have joined them. There is no sense of 
 joining them because it is wholly a dififerent proposition. I might 
 have joined the Security Oil Company and the Corsicana Company 
 if I felt sure that the Standard Oil Company owned them both, and 
 if I did not feel sure of proving that it owned them both, then I 
 would have brought a separate suit against each of them. 
 
 Q. Well, if you could establish that the Waters-Pierce Oil Com- 
 
The Political Life-Story of a fallen Idol 619 
 
 pany was dominated by the Standard Oil Company, you would have 
 the grounds to bring suit? 
 
 A. Yes, sir. 
 
 Q. As Attorney General? 
 
 A. I think, so. I think at first if they did not have time to bring 
 them all, that they ought to bring it against the one in which the 
 Standard Oil Company owned them entirely. 
 
 Q. You think the other ought to have been brought first? 
 
 A. Yes, sir — there is no political question in that. 
 
 BAILEY GIVES A LECTURE ON "MORAL IDIOCY." 
 
 If you had been bringing suit against the Waters-Pierce Oil 
 Company and had not deemed it advisable to join other concerns, and 
 the witness who had, or claimed to have evidence that was valuable 
 to you, would make a demand on you to do everything you intended 
 to do anyhow, you would object? 
 
 A. Oh, I would let no perjurer or thief in this world contract 
 with me for immunity to the Standard Oil Company if I were an 
 officer of this State. [Gruet made no such contract with Davidson 
 but simply insisted that the Waters-Pierce Oil Company should be 
 sued separately from the other Standard Oil Companies in Texas in 
 order to hasten and expedite the litigation. Just as soon as Attor- 
 ney General Davidson found time and secured reliable proof against 
 the other Standard Oil Company properties in Texas, he imme- 
 diately sued the Corsicana refinery and the Security Oil Company, 
 charging that they were branches of the Standard Oil Company.] 
 
 Q. Well, putting it in that light, I have nothing to say, but if a 
 witness could furnish you, regardless of his moral standing, or if you 
 believed he could furnish you evidence to make out a case against 
 the Standard Oil Company, and he sought to put in as a condition 
 that you would not join in that suit other Standard Oil Company 
 property, and you did not intend to do that any^vay, you would tell 
 him that, wouldn't you? 
 
 A. No, sir; I would not. I would not allow a man that I knew 
 had stolen the papers of his employer, a man that I knew had com- 
 mitted perjury, to protect the very corporation against which I had 
 intended to institute a suit — a man that I knew was a moral idiot, not 
 knowing the difiference between right and wrong, I would not allow 
 him to propose conditions upon me as to the manner in which I 
 would perform my public duties. 
 
 Q. Understanding those were the conditions, you would pro- 
 ceed to enter it without — 
 
 A. Well, I would proceed without that. But as a matter of 
 fact, there was not and has not since the development in the Missouri 
 case, been any necessity for Gruet's testimony. The fact is, that ev- 
 erything necessary to make out a case, if it could be made out in law, 
 could have been made out by the testimony of these other people. 
 Pierce's testimony had been taken before this suit was filed, he tes- 
 
620 Senator J. W. Bailey of Texas Unmasked 
 
 tified to the relation; Archbold and Rogers' testimony had been 
 taken and while Rogers refused to testify, and it was certified to the 
 court, when the court said he must answer, they came back and ad- 
 mitted it on the record. It is true they confined the admission to the 
 purposes of that case, but they came back and admitted on the record 
 for the purpose of that case that the Standard Oil Company owned 
 this stock, and taking their testimony, and taking Pierce's testimony 
 there is absolutely no necessity for the Gruet testimony, and there 
 was not the day that suit was brought, because they knew what 
 Pierce had testified. Pierce testified in the ouster suit, before he 
 testified in that famous suit of Gruet's. [Bailey's righteous indig- 
 nation at Gruet's alleged "perjury" for having made the same affida- 
 vit that he afterwards refused to make and Pierce did make with 
 reference to the IVaters-Pierce Oil Company not being a part of the 
 Standard Oil Company, seems never to have occurred to Bailey's 
 mind. In other words, Gruet made the anti-trust affidavit once or 
 twice for the sake of his daily bread and thereby, according to 
 Bailey, became a "perjurer," while "My dear Pierce" who made 
 even a stronger affidavit remains innocent in Bailey's eyes.'] 
 
 BAILEY IN THE ROLE OF "SENATOR REPUBLISH" IN STANDARD OIL CODE 
 
 BOOK. 
 
 The witness Bailey (on cross-examination p. 992) — 
 
 Judge Poindexter: I want to ask you a question. There has 
 been introduced and is now in evidence here somewhere — in a pecu- 
 liar shape, too, to put in the record — what is called a cipher code of 
 the Waters-Pierce Oil Company, that was introduced and handed 
 to the clerk. There is just one word in there, in which your name 
 appeared. Now what is your explanation of that? 
 
 Senator Bailey: Wliy, it appears in there, and ought to appear 
 in there. I was conducting a transaction of very considerable mag- 
 nitude, in which Mr. Pierce was one of the interested parties, and 
 it might become necessary in telegraphing to me to telegraph about 
 the business for that concern in a way that it would not be desirable 
 for the public to understand. * * * The code book that was in- 
 troduced shows that my name was written in there long after it was 
 printed. If it had been in there before it would have been printed 
 in there. [Of course they did not print his name in the book when 
 they printed it because he had not yet become their personal and 
 political counsel. They had to fill in his name as Senator "Repub- 
 lish" after they began to make him "loans."] 
 
 Q. The question is, when did it come into your possession? 
 
 A. I got possession of that code when I first began to attend to 
 Mr. Pierce's private matters, any of them. * * * 
 
 It is no evidence of anything wrong at all. It is simply an evi- 
 dence that a man has business which he does not care — like I have 
 been compelled to do — lay before the public. 
 
Tfw Political Life-Story of a Pallcn Idol 621 
 
 BAILEY YEARNS FOR A PRIVATE CAR FOR HIMSELF AND HIS FRIENDS. 
 
 The witness Bailey (on cross-examination p. 982) — 
 I have seen it stated I registered here, Johnson, Pierce and my- 
 self, one after another. It is wholly immaterial, if it were true, and 
 I never thought enough of it to go and ask. I have been in this 
 hotel seven weeks, and I never thought it important enough to ask 
 the clerk for the register. I can not understand why men attach any 
 importance to that, for I have said I would have come, and if it was 
 an offense to come, I am guilty. If I did not commit, I would have 
 committed it without the slightest hesitation. It is ridiculous. I 
 would ride in a private car, I wish I isoas able to buy one. I would 
 ride in it all the time. I would take my friends with me. [If he 
 practices influence in and out of the Senate for another eighteen years, 
 and he has told the people of Texas that he would remain there, per- 
 haps, in the course of time, he will be "able to buy one."] 
 
 CHARGE NO. 1 5. 
 
 Q. I will call your attention to this fifteenth specification. I 
 do not know that I understand it exactly: 
 
 "Fifteenth. That the said J. W. Bailey testified to said commit- 
 tee, in explanation of his return to Texas after conference in St. 
 Louis with H. C. Pierce in behalf of the Waters-Pierce Oil Com- 
 pany, that 'he was then on his way to Washington.' " 
 
 That is true, is it. Senator? 
 
 A. Yes, sir. 
 
 Q. (Reading): "That the said J. W. Bailey during the month 
 of September or October, 1906, in public addresses in Texas, ex- 
 plaining the same transaction, stated that he must have gone to Ken- 
 tucky to see some horses during the interval between April 25, 1900, 
 and May 3, 1900." 
 
 Did you state that. Senator? 
 
 A. Well, Kentucky is on the way to Washington, and I could 
 start from Texas to Washington, going by Kentucky, which is exactly 
 what happens nearly every time I go to Washington, I go through, 
 Kentucky. 
 
 Q. (Reading) : "That on or about the 6th day of December, 
 1906, the said J. W. Bailey explaining the same transaction, over his 
 signature, in open letter to the press of Texas, stated, 'I told him, 
 however, that I was then on my way to Kentucky for the purpose of 
 selling some horses,' that these two last statements are inconsistent 
 with and contradictory of said J. W. Bailey's sworn statement about 
 the same matter above set out, and that one or the other, or both, of 
 said statements are likely false, and raise a question involving the 
 veracity of said J. W. Bailey." 
 
 A. Well, that is a lie. 
 
 Q. These statements, I understand from you then, Senator, are 
 all entirely consistent? 
 
622 Senator J. W. Bailey of Texas Unmasked 
 
 A. Of course; none of them false. I stated I left Texas for 
 Washington, which is absolutely true. I intended, as I have said re- 
 peatedly, to go to Kentucky. It was not a matter of anybody's interest 
 whether I was going by Kentucky to look at horses or to sell horses, or 
 anything, until made so here, and so any intelligent man knows the 
 statements are not in the least inconsistent. [But the fact remains 
 that he made three separate but different explanations at three differ- 
 ent and widely separate times, seeking to adjust himself each time to 
 the new contingencies that arose in the course of the controversy. The 
 first time his purpose was to convey the idea that he was just return- 
 ing to his public duties at Washington and was waylaid, so to speak, 
 by Pierce and Francis in St. Louis; the next time, five years after- 
 wards, his second explanation of his whereabouts, between April 25th 
 and his return to Texas about May ist, was that he "must have gone 
 to Kentucky to see some horses; his third explanation, made neces- 
 sary by the fact that he must needs have an excuse for "striking" 
 Pierce for a loan, was "I was then on my way to Kentucky for the 
 purpose of selling some horses."] 
 
 BAILEY, BAYNE AND THE SECURITY OIL COMPANY. 
 
 The witness Bailey (continuing, p. 894) — 
 
 I was in New York. Mr. Bayne sent for me. Whether he tele- 
 phoned to the hotel that he wanted to see me, or whether he dropped 
 me a note, I am not sure, but anyway at his request I called on him 
 at the Seaboard National Bank, and he told me he was building a 
 refinery in Texas at Beaumont, or near Beaumont; he wanted to in- 
 corporate it and he wanted me to draw a mortgage to secure $2,500,- 
 000 worth of bonds which he intended to issue on it. I drew the char- 
 ter and I drew the mortgage. I am inclined to think I came to Texas 
 and drew them. Indeed, I am practically certain that I drew that 
 charter and drew that mortgage at Gainesville, and I went with the 
 charter to Beaumont. I superintended the first meeting of the board 
 
 of directors to see that the issue of the bonds was duly authorized. 
 
 * * # 
 
 Q. It is alleged here that the fee paid you for drawing that char- 
 ter was intended as compensation to said Bailey for political services 
 then rendered or afterwards to be rendered to the Standard Oil Com- 
 pany and allied trust interests. Is that true or not? 
 
 A. Oh, without the shadow of truth. 
 
 Q. It is alleged that you knew that this Security Oil Company 
 was to become a subsidiary oil company to the Standard. 
 
 A. And it is alleged that I might by "official diligence" — 
 
 Q. Yes, I was going to get to that next. 
 
 A. Just exactly what "official diligence" would have required 
 me to have known is past my comprehension. I no more asked Mr. 
 Bayne what his connections were when he wanted me to do a piece of 
 work for him as a lawyer than one of you gentlemen would ask a 
 client if he came into your office if he was representing somebody 
 
The Political Life-Story of a Fallot Idol 623 
 
 else. Mr. Bayne is a rich man, amply able to have done this, but if I 
 had not known he was a rich man and he had come and told me to do 
 it, I should not have inquired of him into his business. It was, so far 
 as I knew, a perfectly legitimate transaction, and I drew the papers 
 just like any other lawyer on this committee would have drawn them, 
 without any questions. [The fad that Bailey does not in the above 
 testimony, affirmatively deny knowledge of the fact that Bayne was 
 representing the Standard Oil interests, strongly confirms the charge 
 that he did finoiv it or could have found out if he had tried.^ 
 
 BAILEY ADMITS RECEIVING $^,00O FEE. 
 
 Q. You said something yesterday about the fee paid you by the 
 Security Oil Company. Do you remember what that fee was? 
 
 A. Yes, sir; it was $t;,ooo, the exact amount named in "this 
 charge, and the exact amount named in a joint discussion at Houston 
 in the early part of October. [The Security Oil Company is now, 
 IQOJ-08, being sued by the State of Texas as a branch of the Standard 
 Oil Co.^ 
 
 BAILEY COLLECTS $2,500 DIRECT FROM STANDARD OIL COMPANY IN 
 
 1 901. 
 
 The witness Bailey (on cross examination, p. 943) — 
 
 Q. On yesterday you testified that at one time the Standard Oil 
 people sought your opinion touching the right of that concern to do 
 business in Texas. 
 
 A. Yes, sir. 
 
 Q. And that you gave them a written opinion? 
 
 A. Yes, sir. 
 
 Q. Do you remember who sought your advice in that connec- 
 tion? 
 
 A. I think Mr. Elliott did, either Mr. Elliott or Mr. Dodd. 
 Mr. Dodd was the general counsel at that time and Mr. Elliott was 
 the assistant. Mr. Dodd is now dead, I believe, and Mr. Elliott is 
 the general counsel. 
 
 Q. About what time was that? 
 
 A. That was in 1901 ; I know it was some time after the discov- 
 ery of oil at Beaumont, and that gusher was brought in while I was 
 here with the Legislature in 1901, and this was in 1901 some time. 
 
 Q. Do you know where you were when you wrote your opinion? 
 
 A. Yes, sir; I was at Washington. 
 
 Q. Did you charge them anything for that opinion? 
 
 A. I did. 
 
 Q. And they paid it? 
 
 A. They did, undoubtedly. I would not be giving any legal 
 opinion to those people or to anybody else without charging them for 
 it. 
 
 Q. Well, I do not think it is right to inquire into a man's private 
 business — 
 
624 Senator ]. IV. Bailey of Texas Unmasked 
 
 A. Go on and ask anything you want. 
 
 Q. But I was going to suggest to you the propriety or impro- 
 priety of stating what they paid you for that opinion ? 
 
 A. Twenty-five hundred dollars. 
 
 [In the Crane-Bailey debate at Houston, Texas, October 6, 1907 
 (Houston Post, October 7th), Mr. Bailey said: "I tell you I never 
 represented a monopoly in my life."] 
 
 BAILEY, ALDRICH AND 26 BROADWAY. 
 
 The Witness Bailey continuing: 
 
 Q. It is charged here that the author of the bill was the father- 
 in-law of the son of John D. Rockefeller. Do you know anything 
 about that? 
 
 A. Well, I think that is true. I think that Senator Aldrich is 
 the father-in-law of young Rockefeller. I do not know that that is 
 true, but I have heard that repeatedly, and I am reasonably certain 
 that it is true. 
 
 Q. Well, now, Senator, in this connection, and in the same count, 
 it is alleged that you have become a frequenter of 26 Broadway, New 
 York, that notorious rendezvous of the Standard Oil subsidiary com- 
 panies. About how many times in your life have you visited 26 
 Broadway, New York, if at all? 
 
 A. / think I have been there twice in my life. 
 
 Q. You detailed on yesterday one of your visits, did you? 
 
 A. Yes, sir. 
 
 Q. Do you recall any other one of your visits? 
 
 A. Yes, sir. [That was the time that he went in 1905 to 26 
 Broadway with the General Attorney of the Standard Oil Company 
 and told Archbold that "He did not believe a damn word they said" 
 about the Standard Oil Company not being the real owners of the 
 Van Buren stock in the Waters-Pierce Oil Company.] 
 
 Q. When was that? 
 
 A. When the oil discovery at Beaumont was made the Standard 
 Oil Company asked me for my opinion whether they could transact 
 business lawfully in Texas. I gave them a written opinion that they 
 could not, and I told them if they attempted it the officers would be 
 prosecuted and put in prison and their property would be absorbed 
 in fines and penalties. [Perhaps that was the reason they organized 
 the Security Oil Company and paid Bailey $^,000 to write its char- 
 ter.] After I sent them that written opinion, they asked me if I was 
 willing to explain it. I went there and reiterated it. I guess they 
 laughed in their sleeves about it, because it seems now that they were 
 operating the Corsicana refinery at that time, and that is the misery 
 and the infamy of this charge that I was trying to bring them back 
 into the State through the Waters-Pierce Oil Company, when I gave 
 them a written opinion that they could not come — [and do business 
 openly in the name of the Standard Oil Company.] * * * 
 
The Political Life-Story of a Fallen Idol 625 
 
 BAILEY RENDERS STANDARD OIL OPINION ON REAL ESTATE LAW 
 
 OF TEXAS. 
 
 Q. Did you ever give the officers of the Standard Oil Company 
 any opinion on any question, except the one that you have just named? 
 
 A. I thinlc Mr. Elliott wrote me once — I know he did, in fact — 
 and asked me something about the law of real estate here, and I wrote 
 him what it was, what my opinion was. That was not to the officers 
 of the Standard Oil Company. It was something about the purchase 
 or a lease of property in Texas. I made no inquiry about it, but I told 
 him what I thought the law was, and that is the extent of it. 
 
 Q. Elliott is a lawyer? 
 
 A. Mr. Elliott is a lawyer. Mr. Elliott was once a Democratic 
 member of Congress from Pennsylvania — a member of Congress 
 from that State at large, many years ago. 
 
 [We do not know what Bailey received by way of a fee for this 
 particular opinion. Perhaps another $2,500 or so. If the Standard 
 Oil Company had not been grateful to him for helping Pierce and 
 through Pierce the Waters-Pierce Oil Company, and consequently 
 the Standard Oil Company, and had not recognized him as their po- 
 litical counsel in Texas, why did they ask him first, for an opinion as 
 to whether or not they could openly do business in Texas, and then 
 ask him to come to their office at 26 Broadway "to explain that writ- 
 ten opinion," and then again to give them an opinion on the real es- 
 tate law in Texas? Bailey told the whitewash Committee of the 27th 
 Legislature: "/ devote myself to the study of Federal questions and 
 do not consider my opinion on State matters entitled to very great 
 weight." How much less weight was his opinion entitled to on the 
 details of legal intricacies in Texas to which he had nor, by training 
 or by experience, an opportunity to devote himself? The Standard 
 Oil Company had doubtless, experienced and practiced attorneys in 
 its employ and available. IV hy then should they go to a United States 
 Senator from Texas for legal advice? Echo answers why.] 
 
 The witness Bailey (on cross examination, p. 973) — 
 
 Q. Now, when was it you gave as attorney of the Standard Oil 
 Co., an opinion to them with reference to their ability to enter Texas 
 or their legal right to enter Texas? 
 
 A. / think it was in IQOI , I know it was in IQOI , in fact. 
 
 Q. You say you think likely they laughed in their sleeve at that, 
 in view of the fact that they were then operating in Texas? 
 
 A. Well, yes; and that is one of the things that made me curious 
 about the other deceptions, when, after I had told them they could 
 not operate here, at the very time I told them so, they were operating 
 through the JVaters-Pierce Oil Company, and though they knew 
 perfectly well that I had told Mr. Pierce that they could not operate 
 here, and Pierce had repeated it, so he stated to me, to them, and he 
 swore that in the Missouri case he had repeated the conversation — 
 he did nqt call my name, but he said a prominent citizen of Texas 
 
626 Senator J. IV. Bailey of Texas Unmasked 
 
 told him they could not operate here, and then besides it now tran- 
 spires they owned the Corsicana refinery. [Is it reasonable to sup- 
 pose that the Standard Oil Company would have asked Bailey to ren- 
 der it a bona fide legal opinion as to whether or not their company 
 could openly do business in Texas, without advising him fully, at the 
 time (1901), of its various holdings in Texas and of its methods gen- 
 erally? He must have had some facts upon which to predicate a le- 
 gal opinion.'] 
 
 Q. Then did it occur to you at the time they asked you for that 
 legal opinion, in view of that fact that they were operating here under 
 the guise of other companies, that they knew they had no legal right 
 to enter Texas? 
 
 A. No, / think they thought if they could they would like to 
 throw off the guise. That is what my opinion now is, that if the law 
 of this State was such that they could, that they wanted to throw it ofi. 
 
 Q. And you think, then, they were making an honest inquiry as 
 to whether or not they could operate here? 
 
 A. Well, I don't like to describe it as an honest inquiry on their 
 part, but they were asking for my legal opinion as to whether they 
 could. I did not hesitate to give them my legal opinion. I would 
 not hesitate to give it to any man or any business that asked me for my 
 opinion as to their legal right. 
 
 [During the Crane-Bailey Houston debate, October 6, 1906, Bai- 
 ley said, "I was never attorney of the Waters-Pierce Oil Company a 
 single day in my life and yet, my countrymen, you are regaled with 
 statements that my employment by the Waters-Pierce Oil Company 
 disqualifies me for a seat in the Senate. You will hear them say, "If 
 you did not accept employment from the Waters-Pierce Oil Company 
 you did from Pierce,' and that is perfectly true. I did, but I will say 
 when I accepted employment from Pierce it was before I had known 
 that the Standard Oil Company owned any stock in the Waters-Pierce 
 Oil Company." In other words, according to his own statement, he 
 represented Pierce from 1900 forward because he thought Pierce was 
 innocent of any connection with the Standard Oil Company. Now, 
 we find that in 1901 he represented the Standard Oil Company direct 
 and was paid $2,500 for one opinion, although Bailey also said at 
 Houston, "I tell you I never represented a monopoly in my life." 
 He did not know then that his direct representation of the Standard 
 Oil Company would afterwards be discovered.] 
 
 Q. Well, isn't it probably true that they had in their constant 
 employment very able attorneys? 
 
 A. Undoubtedly. 
 
 Q. They could have ascertained, had the same means of ascer- 
 taining the legal status of the company that you did? 
 
 A. Well, of course they could, but it happens, Mr. Jenkins, al- 
 ways, nearly, when people with any important interests want an opin- 
 ion as to the law of any state, that, in addition to their counsel, their 
 general counsel, they will call into consultation, or else take the legal, 
 
The Political Life-Story of a Fallen Idol 627 
 
 the written opinion of some lawyer in the state concerning whose laws 
 they desire to be advised. That is not unusual at all. On the con- 
 trary, 1 would think it would be rather unusual for any business with 
 large property or large interests to venture upon a question or policy 
 of that kind u-ithout taking the opinion of some lawyer supposed to 
 be especially familiar with the laws of the state in which they sought 
 to operate. * * * 
 
 ODELL TO BE A UNITED STATES SENATOR, FOR BAILEY SAID SO. 
 
 The witness Bailey (referring to the rate bill amendment p. 
 
 925) — 
 
 When you [Odell] come to the Senate of the United States, as I 
 hope you will some time, you will find human nature up there just 
 like it is down here, and it is just the same all over the world. And 
 so I did not want to offer this amendment. I drew it, however, and 
 two Democratic Senators, who were with me at my home when 
 it was drawn, two splendid gentlemen and either of them as good a 
 lawyer as I am and either of them as good a lawyer as anybody, [con- 
 clusion : Bailey is "as good a lawyer as anybody,"] and entirely 
 equal to the task of drawing the amendment, yet we wanted to draw 
 the amendment and I drew it as they were there. 
 
 BAILEY FAMILIAR WITH STANDARD OIL METHODS. 
 
 The witness Bailey (continuing, p. 927) — 
 
 You understand, and the committee understands, that the secret 
 of the Standard Oil Company's great monopoly consists in the fact 
 that they do everything with oil that is done with it. They let other 
 people go into an oil field and explore it; if the oil field turns out to 
 be abundant, then they buy it from the men who have risked their 
 money in the search for it; and they let other people build refineries 
 and take the chance of the oil failing, but if the oil field does not fail, 
 then they go in and buy it. They go to these men and give a profit, it 
 is true, but they don't take any chances. Now they do all that is done 
 with oil from the taking of it out of the ground until they make the 
 wicks with which it is burned, every step in the process of production, 
 refining, selling, and then they make the lamps and wicks with which 
 the people use it. [How familiar is this Texas misrepresentative with 
 Standard Oil methods!] 
 
 BAILEY ADMITS THAT HE IS NO PAUPER. 
 
 The witness Bailey (continuing, p. 908) — 
 
 Q. Well, now. Senator Bailey, you may recall the testimony of 
 W. O. Davis and others through whom it has been undertaken to sub- 
 mit to the committee here an invoice of your property? 
 
 A. Yes, sir; they have got in the record a list of every piece of 
 property I own in Gainesville and in Cooke county, and they have 
 
 11-9 
 
628 Senator J. IV. Bailey of Texas Unmasked 
 
 even gotten in the record property that I bought, one piece of prop- 
 erty that I bought practically since this matter has been in progress. 
 They have gone to the record and have actually gotten the considera- 
 tion, although in two or three instances they have exaggerated it, but 
 not materially. * * * I suppose I am the only United States 
 Senator, living or dead, that was ever compelled to file an inventory 
 of what he had and then the very next day prove that he got it with 
 absolute honesty. I don't think any United States Senator ever be- 
 fore was required to file an inventory even if he couldn't prove where 
 he got it. 
 
 BAILEY AND SIBLEY. 
 
 The witness Bailey (continued, p. 827) — 
 
 Q. When did you get acquainted with the Honorable Joseph 
 Sibley, of Pennsylvania, Senator Bailey? 
 
 A. I think the first time I ever met Mr. Sibley was when he 
 came to Congress. I am not sure, but I think Mr. Sibley was elected 
 to Congress in 1892. I do not believe that he was in Congress when 
 I first entered. I think he was elected to Congress in 1892. 
 
 Q. How long did he serve in Congress, if you remember? 
 
 A. I think he served two years. He was elected first as a Re- 
 publican. * * * / have visited his house often. There is no 
 more delightful man on earth, and I don't think a cleaner one than 
 Joe Sibley. 
 
 [Joe Sibley is a Standard Oil subsidiary company — The Galena 
 Signal-director!] 
 
 BAILEY AND KIRBY ENGAGE IN A $2^,000 "PURELY PRIVATE TRANSAC- 
 TION." 
 
 The witness Bailey (on cross examination, p. 987) — 
 
 Q. There is in evidence here from some one something about 
 a $25,000 draft of July 31, 1906, on John H. Kirby. 
 
 A. Yes, sir. 
 
 Q. Drawn by you, I believe? 
 
 A. Yes, sir. 
 
 Q. Was that an individual transaction between you and Kirby, 
 or did it have any relation whatsoever to any of these properties or 
 arrangements here? 
 
 A. Purely a private transaction between Mr. Kirby and myself. 
 
 Q. About when was it? 
 
 A. I do not remember; some time last summer. [1906.] 
 
 BAILEY DENIES CASHING TENNESSEE RAILROAD COMPANY INTEREST 
 
 COUPON. 
 
 The witness Bailey (on cross-examination, p. 987) — 
 Q. There was a witness here from Corsicana who testified in 
 reference to a coupon of the Tennessee Railroad Company passing 
 
The Political Life-Story of a Fallen Idol 629 
 
 through the bank with your endorsement. Do you remember any 
 such transactions? 
 
 A. Well, he is mistaken. That is all. 
 
 CHARGE NUMBER 33. 
 BAILEY TELEGRAPHS FOR JOHNSON. 
 
 Charge number 33 was as follows: "That the said J. W. Bailey 
 has just procured to be present in the city of Austin, J. D. Johnson, 
 of St. Louis, general attorney for the Waters-Pierce Oil Company, 
 and one Van Blarcom, also of St. Louis, and one Naudain (or some 
 such name) , auditor of the Waters-Pierce Oil Company or the Stand- 
 ard Oil Company. For what purpose and at whose expense these 
 parties are assembling at the capital of Texas, your informant is not 
 specially advised." 
 
 The witness Bailey (continuing, p. 913) — I telegraphed Mr. 
 Johnson and asked him to come here. I believed the committee 
 would want him to testify. // the committee did not want him to tes- 
 tify, I did. I had been charged with acting as an attorney for the 
 Waters-Pierce Oil Company. Mr. Johnson was the general attorney 
 of that company. He would, therefore, know whether or not it was 
 true that I had ever acted as an attorney for it, and I wanted him to 
 come on that account. I knew perfectly well the committee would 
 want to examine him, and so I telegraphed for him. I did not pro- 
 cure the attendance of Mr. Van Blarcom. He knew nothing of in^ 
 terest to the committee. Nor did I procure the attendance of Mr. 
 Naudain. I probably asked Mr. Johnson in the telegram to bring 
 the books. I never heard of Mr. Naudain until he arrived here, and 
 whether Mr. Johnson brought him to explain the books I do not 
 know. [Naudain was a very willing witness, too, in his explanations 
 of the books-l 
 
 CHARGE NO. 42. 
 WATERS-PIERCE STOCK OWNERSHIP. 
 
 The 42nd charge was as follows: "That since the readmission of 
 the Waters-Pierce Oil Company in Texas, through the conspiracy 
 hereinbefore charged, said J. W. Bailey, while a United States Sen- 
 ator from Texas, has been and now is a secret but beneficial owner 
 of certain shares of the capital stock of said company, upon which 
 stock he has received large dividends as compensation, or a gratuity, 
 for services rendered to said corporation or its allied trust interests; 
 that said Bailey has steadfastly concealed said fact and all others pos- 
 sible for him so to do from the people of Texas." 
 
 The witness Bailey (continuing, p. 907) — 
 
 Q. I don't know whether you have explicitly denied that or 
 not. Senator Bailey. 
 
 A. No, we haven't touched that before. That is a downright 
 
630 Senator J. IV. Bailey of Texas Unmasked 
 
 positive lie without a shadow of truth in it. 1 never owned a share 
 of stock nor received five cents benefit from the Waters-Pierce Oil 
 Company in my life, and I never heard of that story until it was 
 printed first in Hearst's Chicago Examiner, which was printed spe- 
 cially for distribution amongst the Legislature. \But when they did 
 reach Justin the Baileyachers bought the papers up and it was very 
 difficult to get a co/>>'.] 
 
 CHARGE NO. 27. 
 
 BAILEY REGRETS NOT HAVING ADMITTED THAT HE RECEIVED A FEE 
 FROM WATERS-PIERCE OIL COMPANY. 
 
 The 27th charge was as follows: "That during the summer of 
 1906 Mr. Bailey stated to creditable witnesses that while he received 
 no fee for his services for the Waters-Pierce Oil Company in the 
 matter of its readmission, he regretted that he did not in fact 'tell the 
 investigation committee of 1901 that he did receive a fee and let them 
 make the most of it.' That this statement on the part of Mr. Bailey 
 showed a regret on his part that he did not in fact stultify himself 
 while testifying under oath, and displayed a willingness on his part 
 so to do if such conduct on his part would subserve his political am- 
 bition." 
 
 The witness Bailey (continuing, p. 910) — 
 
 That is a lie. I never made any such statement. That would be 
 equivalent to saying I regretted I did not tell a lie under oath — 
 
 Q. Yes, sir. 
 
 A. And I never made anything, any statement of that kind. 
 Here is what I have said repeatedly, that I was very sorry that the 
 services which I rendered the Waters-Pierce Oil Company had not 
 been one for which I could have accepted a fee, and then I could have 
 so stated and there would never have been all this talk. The truth 
 of tt is, for six years this whole conspiracy has been an effort to prove 
 I did not tell the truth. If there was any objection to my taking a fee 
 from the Waters-Pierce Oil Company, I gave my enemies the full 
 benefit of that six years ago by declaring I would have received a fee 
 from them in any proper legal matter, and, therefore, the matter of 
 whether I had received a fee or not has not been the issue. For six 
 years these men have been scouring the gutters and have been commit- 
 ting burglaries, thefts and interlineation, simply for the purpose of 
 showing I didn't tell the truth. That is the whole of it. There is no- 
 thing else in it, and that is what I regretted very much, that my service 
 was not one for which I might have accepted a fee, so that I might 
 have said so. I have said that repeatedly and that is doubtless the basis 
 of that charge. A number of men in this State have told me that had 
 they been in my place they would have taken a fee even for the service 
 I rendered. 
 
The Political Life-Story of a Fallen Idol 631 
 
 CHARGE NO. 32. 
 TRAVIS COUNTY CAMPAIGN OF JANUARY, 1907. 
 
 Charge number 32 was as follows: "That your informant is ad- 
 vised and believes that the said J. W. Bailey, directly or indirectly, 
 spent considerable sums of money in his effort to carry Travis county 
 in the primaries held therein on the qth day of January, 1907, and 
 that at least a portion of said money was spent in ways unbecoming a 
 candidate for the United States Senate in Texas; that during said 
 campaign the said Bailey procured to be present in Austin persons 
 from different parts of the State to assist him in his illegitimate and 
 unbecoming methods; that prior to the assembling of the Legislature 
 and thenceforth until now, the said Bailey has assembled at the city 
 of Austin a considerable number of professional lobbyists, who used 
 and are using all the arts known to their nefarious business in an ef- 
 fort to influence the Legislature of Texas, first, against the investiga- 
 tion of said Bailey's fitness for said ofhce, and, second, to so circum- 
 scribe said investigation as to block the way to the real facts; that the 
 said J. W. Bailey has called into consultation different members of 
 the Legislature of Texas and sought to browbeat and coerce them in 
 their duties as Legislators by, among other things, threatening to go 
 into the districts of those opposing him and defeat their re-election, 
 in the event that they continued in their efforts to secure a real inves- 
 tigation of the said Bailey." 
 
 The witness Bailey (continuing, p. 911) — I did not spend a dol- 
 lar. They have not even allowed me to pay for the headquarters and 
 the printing, though I had insisted that I should do that. They have 
 not allowed me to pay the postage bill, though I have insisted that I 
 should do that. * * * [The Captain Lucy, State agent of the 
 Surety Company which made the Waters-Pierce Oil Company bond 
 in the Travis county suit, paid his postage bill through Bailey's pet. 
 Senator Barret of Bonham, or at least that is what Barret said he did 
 with the $100 that Lucy paid him while he was campaigning Travis 
 county for Bailey.] 
 
 BAILEY THREATENS POLITICAL MURDER. 
 
 Q. Now, Senator Bailey, I will address your attention particu- 
 larly to the language in the same charge: "That the said J. W. Bai- 
 ley has called into consultation different members of the Legislature 
 of Texas, and sought to browbeat and coerce them in their duties as 
 Legislators, by, among other things, threatening to go into the dis- 
 tricts of those opposing him and defeat their re-election, in the event 
 that they continued in their efforts to secure a real investigation of 
 the said Bailey." •» 
 
 A. Well, there is not a syllable of truth in that. There is, it is 
 entirely true, that T said to one or two members that I intended to go 
 into their districts and lay thi'; matter before their people. / still in- 
 
632 Senator J. W. Bailey of Texas Unmasked 
 
 tend to do that. That was not made as a threat. For instance, here is 
 this man Cox from Rockwall county. That man was in my old con- 
 gressional district when 1 was first elected. I could carry that county 
 against any living man six or seven to one, and I know it and the peo- 
 ple know it, and he knows it, and I did tell him that I intended to 
 go to Rockwall county and submit that matter to these people, and I 
 intend to do it. That is no threat. 
 
 I did tell Mr. Cox that I intended to go into his county and dis- 
 cuss that with those people, and I will, and if Mr. Cox ever comes 
 back to the Legislature, then I will admit that I am mistaken. He 
 hasn't got any more chance to come back to the Legislature from that 
 district than an infidel has to enter the kingdom of heaven, and I 
 know it and I don't hesitate to say it. I talked with Mr. Johnson. 
 What I said to Mr. Johnson when he talked about the people want- 
 ing an investigation, I told him I didn't think the Democrats of this 
 State believed I had done anything to need investigation, but inas- 
 much as charges had been made and the papers had been filled with 
 these insinuations, I thought that if my enemies proposed an investi- 
 gation, my friends ought to have one, but I averred that it ought to 
 be an investigation under which I would be accorded the right and 
 privileges that are accorded to negro criminals. I said that under 
 the Duncan resolution I am impeached before there is a syllable of 
 testimony offered. The resolution itself is a reflection on me; and 
 then I had besides that objection, I not only want, if we are to have 
 an investigation at all, I not only want them to investigate these 
 charges specified in the Duncan resolution, but I want every liar in 
 Texas to have an opportunity to come and place his lie before the 
 committee so that we may have an end once and for all of these calum- 
 nies. [He thought he had "all Texas parties quiet" after the so- 
 called investigation of 1901. Treason, however, like murder, will 
 out.] I said, "In every corner of the State they are whispering not 
 only these Duncan things, but they are whispering a multitude of 
 other things" — just as they have finally assembled them here in these 
 charges, and if there is to be the scandal of an investigation at all, 
 investigated, for an investigation on one charge is as serious a reflec- 
 tion upon him and upon the State as it would be upon a hundred 
 charges, and if there is to be the scandal of an investigation at all, 
 then I want everything investigated." I said to him, "You talk about 
 you wanting a broad and searching investigation," I said, "the reso- 
 lution that my friends advocate proposes a broader and more search- 
 ing investigation than the Duncan resolution, because under the Dun- 
 can resolution the committee can inquire about nothing except what 
 is alleged in that, whereas under the substitute which my friends are 
 supporting they can not only inquire about everything alleged in the 
 Duncan resolution, but they can inquire about any other charge that 
 any other man in Texas is willing to make." [But his committee re- 
 fused to allow some of the charges filed.] Mr. Johnson said some- 
 thing about his people, and I said, "If you have as little trouble ex- 
 
The Political Life-Story of a Fallen Idol i633 
 
 plaining to the people your conduct in violating the instruction as I 
 will have in explaining my conduct as their Senator, you will be for- 
 tunate indeed," and 1 am still of that opinion. 1 did not threaten 
 Mr. Johnson. Mr. Johnson is a brother-in-law of one of the best 
 friends I have in this State. I did not send for Mr. Johnson to come 
 to my room. My immediate representative, Mr, Blanton, brought 
 him there. I treated him courteously. He is a brother-in-law of 
 Judge Martin, a man to whom I am sincerely devoted, and whatever 
 Mr. Johnson might have done, I would have been civil to him on 
 Judge Martin's account. And then, in addition to that, he was 
 brought to my room by my friend, my immediate representative, and 
 I would have been civil to him on that account. I am rather sur- 
 prised that Mr. Johnson considered himself affronted or considered 
 himself threatened. I am not surprised that Mr. Cox of Rockwall 
 went away in something of a huff. / intended that he should. * * * 
 I did not talk so civilly to Mr. Cox of Rockwall, for I did not have 
 any patience with him. / did not expect to control his vote, and the 
 fact is, I did not. He voted against me when he knew his constituents 
 were for me. I will say further, that 1 did not say as much to Mr. 
 Johnson as I said to the State in my speech after I had been elected. 
 
 BAILEY WOULD EXCHANGE HIS SEAT IN THE SENATE FOR THE BLOOD 
 OF HIS POLITICAL ENEMIES. 
 
 Mr. Johnson still thought I ought to be mild; in other words, he 
 thought, or seemed to think, that although these men stand upon 
 street corners and denounce me as a traitor to my country, insinuate 
 that I have not been an honest man, that I ought to draw my cloak 
 around me, and with meekness and humility say, "Pray, sirs, don't 
 do that." Now, I am not going to live that way. That is all foolish- 
 ness for the politician. The man that goes into politics and does that, 
 they will run him into the Gulf, and they ought to, because a man 
 who does not smart under the kind of imputations' that have been 
 leveled against me, and who does not prevent it, is either a pusillani- 
 mous preacher, or else he is guilty, one of the t\vo. There is not a 
 man of virtue and honesty in the world that will bear what these men 
 have said about me and not resent it. / think I deserve great praise 
 for not taking a shotgun and killing: them, and if I could have gotten 
 around, that is what I would have done. I would give my scat in the 
 Senate tomorrow if I could settle with them all at once. 
 
 BAILEY TESTIFIES IN 1907 CONCERNING THE INVESTIGATION OF ipOT. 
 
 The witness Bailey (continuing, p. 860 — I came to Austin when 
 the Legislature did convene [January, 1901I and talked with my 
 friends and I said to them, as I said to them this time, that I did not 
 want any friend of mine to say to the world that in his opinion I had 
 ever done anything that required investigation ; but I said to them, 
 as I said this time, that if any of my enemies proposed a resolution 
 
634 Senator J. JV. Bailey of Texas Unmasked 
 
 of the right kind then I want my friends to vote for it. In other 
 words, if my enemies are willing to charge me with misconduct then 
 I want my friends to insist upon their having an opportunity to prove 
 it. With that understanding my friends went into the Legislature. 
 * * * And I said to my friends, "Rub out this 'it is charged,' and 
 write instead of it, 'whereas, D. A. McFall, a member of this House 
 from Travis county, charges,' " and they did. I made that sugges- 
 tion. My friends all readily assented to it. Many of my friends at 
 that time, indeed, a large majority of my friends, were not in favor 
 of having any investigation even if my enemies proposed it. * * * 
 I said to my friends then that if it was not investigated it would be- 
 come a sore place in politics of this State, and that men would lie 
 about it for twenty years to come, whereas, I thought an investigation 
 would settle it. They have been lying about it since just the same as 
 if there had been no investigation, and they will probably continue 
 to lie about it, but I really thought then that the Democrats of Texas 
 who wanted to know the truth would be satisfied with it when they 
 did know it, and I insisted that my friends should vote for the resolu- 
 tion of investigation. It was proposed and as I recall, the only 
 change made in it at my suggestion, was the change which struck out 
 the indefinite and anonymous form of "Whereas, it is charged," and 
 inserted in lieu of that, "Whereas, D. A. McFall, a member of this 
 House from Travis county, charges," and with that change I insisted 
 on my friends voting for an investigation. [Why then did he oppose 
 an investigation in 1907, and finally submit to it, when forced to, 
 only on condition that some one should assume the responsibility of 
 making specific charges^] 
 
 I insisted this time that there must be somebody to make charges 
 and that there ought to be some tender of proof, some assurance that 
 they could prove what they were charging, /dnd I was moved to do 
 that for the sake of Texas as much as for my own sake. This is the 
 only one of the Southern States that has ever investigated a Demo- 
 cratic Senator, and we have done it — this is the second time, and the 
 marvelous thing is that I am the man investigated both times, and 
 there never lived a Democrat who had served this or any other state 
 for sixteen years whose record was as vtucli above suspicion of self- 
 interest as mine, and it was an infernal infamy that a lot of anony- 
 mous slanderers were permitted to come to this Legislature and lie 
 about me like dogs as they were. I felt that I was entitled to have 
 them not only to make a charge but to say they could prove it. [We 
 tried to put the innocent and much abused Senator on the stand and 
 prove the charges by his own lips but he pleaded his constitutional 
 right against self incrimination. Now he says that the charges, if 
 true, only involved questions of "propriety."] I knew they would 
 be liars if they said they could prove it, for I knew no living man 
 could prove any misconduct against me. That was my position then 
 and that is my position now. The State of Texas is interested in this 
 as well as I am. We have been reputed for years to have not only the 
 
The Political Life-Story of a Fallen Idol 635 
 
 best Democracy in this nation, but the cleanest, and to present to the 
 world the spectacle of men in our own party slandering men who 
 have been honored by the Democracy of Texas and a man who had 
 been faithful to that great trust, was to my mind an inexcusable out- 
 rage, and I felt that the Legislature ought not to hear an accusation 
 of that kind unless the men who made it were ready to say that they 
 could prove it. I thought so then; I think, so now and the people of 
 Texas will think so when this investigation is over. That was my 
 position about the investigation. Now, the investigation of a United 
 States Senator is no light proceeding. It has never occurred, as I 
 said a moment ago, before in the history of any Sournern State. 
 [Bailey seems absolutely blind to the fact that he is the first Southern 
 Senator whose conduct has required investigation.'\ Such a proceed- 
 ing as this has never ocurred in the history of any state, and that we, 
 the greatest of all States, with the purest and most undefiled Democ- 
 racy, that we should drag our men through the slime and filth of 
 slander and then at the end no living man able to testify to a single 
 act of impropriety has never before been paralleled in the history of 
 this or any other State. [What an ego maniac!] 
 
 / knew they did not have any paper with my name signed to it, 
 [Because Pierce and Francis had returned to him his $1,500 draft 
 and his $3,300 receipt for the very purpose of returning his signa- 
 ture] that would embarrass me in the least or that would contradict 
 anything I had ever said to the people of Texas, consequently I had 
 no apprehension on that score. 
 
 BAILEY SAYS THEY DID NOT ASK HIM ABOUT HIS "LOANS" FROM 
 
 PIERCE. 
 
 The witness Bailey (continuing, p. 867) — 
 
 Q. Now, among other things here this time it is charged that 
 you concealed at that time from the committee your connection with 
 H. C. Pierce and concealed from the Committee the fact that you had 
 procured from him the sum of thirty-three hundred dollars. State 
 in the first place. Senator Bailey, whether or not you were asked as to 
 whether Mr. Pierce had loaned you any sum of money, and if you 
 were not asked that question, state why it was that you did not tell 
 the committee about this loan from Mr. Pierce to you. 
 
 A. I was not asked about it. It was not an issue in the case and 
 neither I nor any other man thinks it necessary when one transaction 
 is assailed for him then to lay down before the people of this State 
 or the people of all the States an inventory of all the transactions he 
 has had. And, Senator Odell, a moment's reflection would teach any 
 sensible man not only the injustice of that to himself and to those with 
 whom he dwells, but the danger of it. Suppose that when one of my 
 transactions were challenged I w^ould undertake to detail all my 
 transactions to the committee and I would overlook one of them, as 
 the most honest and the most careful man will do. Then when they 
 
636 Senator J. IV. Bailey of Texas Unmasked 
 
 would find that one that I had not detailed they would swear until 
 they were black in the face as negroes that there was something wrong 
 with that transaction, and, therefore, I concealed it. It is not only 
 nonsense to call upon a man when challenged with respect to one 
 discussion that he come in and lay down before the committee or be- 
 fore the public all other transactions, but if you happen to make a 
 mistake in that, then his enemies would have an advantage of him and 
 they would get that advantage of even the most honest man. In this 
 very controversy here I have never discussed any transaction except 
 when that transaction was challenged. That transaction being chal- 
 lenged I have discussed it before the public. I have done it much 
 against my will. Many of my transactions had no more to do with 
 politics or with legislation or with the action of the departments of 
 the government than they had to do with the superstition of the an- 
 cients, and yet I have been compelled to stand before the public, take 
 and open the books and show where I got money from, and they have 
 even gone into my horse trades and dragged them out and exposed 
 them to the public. [As to his "books" it will be noted that he and 
 his lawyers declined to show the scratch of a pen or pencil from his 
 books or his documents, except as to the Gibbs land deal, in these 
 transactions, although they were asked to produce everything.^ It is 
 a gratification to know that they have not found where I cheated 
 anybody in a horse trade yet, and that is a record that not many men 
 can make, if he makes many horse trades, but the absurdity of the 
 proceeding is apparent to any man, and I did not then when chal- 
 lenged about my business, charged with having business with the 
 Waters-Pierce Oil Company, I did not say anything about my busi- 
 ness with Mr. Pierce, any more than when challenged about my busi- 
 business with Mr. Pierce I would have said anything about having 
 business with B. F. Yoakum, John H. Kirby or anybody else. It is 
 enough for me to meet each transaction when it was challenged. 
 * * * I was not the Democratic nominee, although a num- 
 ber of the members of the Legislature had been instructed for me — 
 but I had not been nominated then as I was this last time. [He saw 
 the storm approaching this time and was careful to take cover under 
 the Democratic primary nomination as provided in the Terrell elec- 
 tion law.'] I put it into this record that if the Waters-Pierce Oil Com- 
 pany had sought my legal services about any transaction which it 
 was proper for a lawyer to conduct that I would have accepted their 
 employment and would have taken their fee. Now, it is absurd and 
 no sensible man for a moment can tolerate the suggestion that I had 
 acted as its attorney, then denied it, and in the next breath stood up 
 and avowed my willingness to act as its attorney. It is absurd on its 
 face and the only reason I said I did not act as the Waters-Pierce Oil 
 Company's attorney in that matter was that that was the truth and 
 I say now that I would have borrowed that money just as quick from 
 the Waters-Pierce Oil Company as I would have from Pierce, and 
 if I had borrowed it from the Waters-Pierce Oil Company then when 
 
The Political Life-Story of a Fallen Idol 637 
 
 they challenged the transaction I would have said, "Yes, I borrowed 
 it, and borrowed it because I needed it," and 1 would have borrowed 
 it from anybody that had it to loan at that time. 
 
 Q. Then, Senator Bailey, you treated this item of thirty-three 
 hundred dollars from Mr. Pierce to you as a personal and private 
 matter now under investigation. 
 
 A. Precisely so, and I did not think then, and I do not think 
 now, that the people of Texas have any right to call on one of their 
 Senators to open his books for their inspection of his private business 
 and I think that whenever the Democrats of Texas reach the point 
 that they do demand that of their Senators they ought to get them an- 
 other Senator, and the people of Texas today do not demand any such 
 thing of me as I am being compelled to give before the committee. 
 [Why then did he not permit the legislature to refer the issues back 
 to the people of Texas as we repeatedly tried to do and why does he 
 not now resign and submit the issues for final arbitrament to the peo- 
 ple?] I make no criticism of the committee. The Legislature has 
 ordered the investigation and the committee is conducting it, as I 
 believe, with the intention of arriving at the truth, but there is not a 
 gentleman on this committee -whose mind does not revolt at the sug- 
 gestion of having me compelled to sit here and tell about my business 
 relations and transactions when they know they had absolutely no 
 reference to politics or legislation, and the people of Texas have not 
 reached the point yet that they think their Senators have to be stripped 
 in full view of the public in order that the public may know that they 
 have nothing ill-gotten concealed upon their persons. [When the 
 charge is made that a Senator has "ill-gotten" gain "concealed upon 
 his person," and said charge is being investigated, if the Senator is 
 innocent why should he refuse "to be stripped in full view of the 
 public?" * * * "Yh.^ gentlemen who composed that committee 
 were then, and are still, with one exception, high-minded men. And 
 I say there is one exception, because he has stated that it was a white- 
 wash, and that is ex-Senator Decker. [// seems no man can be "high- 
 minded" unless he truckles and fawns on his royal highness. Would 
 not Bailey have made a splendid success as an over-lord ruler of some 
 petty province in the kingdoms of Feudal Europe? There he might 
 have lorded over all to his heart's content and have beheaded with im- 
 punity any unruly subject who might have committed the unpardona- 
 ble crime of differing with his lord and master.l 
 
 DEATH OF ATTORNEY GENERAL SMITH AND JUDGE D. A. MC FALL. 
 
 The witness Bailey (continuing, p. 871) — I remember it [the 
 funeral of Attorney General Smith, March 16, 1901] now very par- 
 ticularly because this attack on Tom Smith is what killed him, as his 
 Doctor says. [The death of Judge D. A. McFall was said also by 
 his physician, Dr. Wooten of Austin, to have been hastened by Bai- 
 ley's attacks on him because of his connection with the effort to in- 
 
638 Senator J. W. Bailey of Texas Unmasked 
 
 vestigate Bailey's trust connections in 1901. Mrs. D. A. McFall, his 
 widow, a most highly respected, cultured and patriotic woman, faith- 
 ful to the memory and to the ideals and convictions of her deceased 
 husband, believes also Judge McFall's death was hastened by the 
 cruel thrusts of Bailey and Bailey's partisans. Thus we see that Bai- 
 ley's fateful "loan" of $3,300, from a wealthy stranger to an insol- 
 vent politician, on April 25, 1900, was the beginning of a course of 
 events which have since resulted not only in shame and disgrace to 
 Texas, but in premature death itself to two of her public men.] 
 
The Political Life-Story of a fallen Idol 
 
 639 
 
 HISTORY REPEATING ITSELF; OR, DAVID AND GOLIATH. 
 
 —St. Louis Post-Dispatch. 
 
 There will be no investigation, because there will be no man in the Texas 
 Legislature that will be willing to stand up and say that he can prove anything to 
 my discredit." — J. W. Bailey at Graham, Texas, "Dec. Jist, igo6. 
 
 "I want to look the man in the eye who will file charges against me." — /. IV. 
 Bailey in addressing ^oth Legislature, Jan. 17th, 1907. 
 
 But he never did! 
 
640 Senator J. W. Bailey of Texas Unmasked 
 
 CHAPTER XXVII. 
 BOSS BAILEY IN ERUPTION. 
 
 A WOULD-BE "shotgun" CAMPAIGN. 
 
 On page 913 (Bailey Invest. Com. Rept., 1907) will be found 
 these words as they fell from Bailey's lips: 
 
 "I think 1 deserve great praise for not taking a shotgun and kill- 
 ing them ["my enemies"], and if I could have gotten around, that is 
 what I would have done! I would give my seat in the Senate tomor- 
 row if I could settle with them all at once." 
 
 "MY ENEMIES." 
 
 "We are going to bury them face down, so that the harder they 
 scratch to get out, the deeper they will go towards their eternal rest- 
 ing place. If I live, not one of their kind will ever again disgrace 
 the State of Texas by holding office under its authority. / will not 
 forgive them this side of the grave." — J. W. Bailey's Concluding 
 Speech to the 30th Texas Legislature. 
 
 THE ROGUES' GALLERY. 
 
 "In my home I intend to put the photograph of this Legislature. 
 Two pictures will embrace that photograph. Over the one I am go- 
 ing to write: 'The Roll of Honor;' over the other I am going to 
 write: 'The Rogues' Gallery!' / am going to swear my children 
 never to forget the one or forgive the other. 
 
 THE people's GROUP. 
 
 Following out the suggestion contained in Bailey's declaration of 
 "relentless retaliation," but not in the same spirit, the author has se- 
 cured and now presents the following photographs of those members 
 of the 30th Texas Legislature who refused to bow the knee to this 
 would-be modern political Baal by refusing to vote him an exonera- 
 tion on charges that had practically all been proven true. 
 
 Instead of denominating it "The Rogues' Gallery," however, 
 (albeit, it has been said that should Bailey place the picture in his 
 home as he threatened to do, it would in truth and in fact be hung in 
 the "gallery of a rogue"), we believe that those who opposed this 
 spotted Senator from Texas are entitled to the designation, "The 
 People's Group." 
 
 bailey's famous "hate speech" and his subsequent SO-CALLED 
 
 "peace proclamation." 
 
 On the night of February 27th, 1907, when the lower House of 
 the Texas Legislature, after a stormy session in which the Bailey par- 
 
THE PEOPLE'S GROUP 
 Being the Anti-Bailey Members of the 30th Texas Legislature. 
 
 '^^^^^TZ^'' 
 
 ^<<'h. f{. av"^*^ 
 
THE PEOPLE'S GROUP 
 
 Being the Anti-Bailey Members of the 30th Texas Legislature. 
 
 Josci^hV^ ^^y^Sv^^^^ ^ a^o\\\^ 
 
THE PEOPLES GROUP 
 
 Being the Anti-Bailey Members of the 30th Texas Legislature. 
 
 K. Des^^^ <y, 
 
 ^A.^i^y^^ 
 
 ^■Or^^""' '^^&"^^ 
 
THE PEOPLE'S GROUP 
 Being the Anti-Bailey Members of the 30th Texas Legislature. 
 
 '"••rn^'^^^ 
 
The Political Life-Story of a fallen Idol 641 
 
 ttsans refused to refer the whole issue of Bailey's guilt or innocence 
 back to the people, and after they had voted him "innocent" of all 
 the charges which he himself had admitted, under pressure, as true, 
 Bailey was forthwith invited, without adjournment for supper, to 
 address the Legislature. A Committee was appointed to escort him 
 from his rendezvous in the State House to the Speaker's stand. Pres- 
 ently they appeared bearing their idol upon their slavish shoulders. 
 Then it was he proceeded, as the invited guest of the assembly, to 
 pour out the venom and bitterness that was rankling in his heart. It 
 came in molten torrents, gushing and unrestrained. "Out of the 
 abundance of his heart" did his tongue speak forth in relentless fury. 
 The mask was completely torn off that fateful night, and then was 
 revealed to Texas and to the world the real character of the man, un- 
 disguised and unrestrained; then it was, had he possessed the power 
 so to do, as did the leaders in the French Revolution, that Bailey 
 would have gladly, cheerfully, enthusiastically, annihilated the last 
 man of those fifty-eight members who refused to vote him an exonera- 
 tion before having an opportunity to read the evidence adduced at the 
 investigation just closed. 
 
 DID BAILEY OR BAILEY'S LAWYERS WRITE THE VERDICT? 
 
 The report of the four majority members (out of seven) of the 
 House Committee, which report admits practically all of the facts, 
 but denies that Bailey delivered the goods to those who liad paid him 
 his price, was written in Bailey's private apartments at the Drisikill 
 Hotel in Austin, and the type-written work was done and completed 
 in Bailey's bed room about two o'clock in the morning. 
 
 Bailey and Bailey's lawyers were present. The official stenogra- 
 pher took down the dictation in one of Bailey's rooms while the man 
 who handled the typewriter had his machine in Bailey's bedroom. 
 The official stenographer would take the dictation and then come 
 back into the bedroom and read it off to the typist. The latter worked 
 for the Author some months afterwards and told him of these facts. 
 He said he could not tell just who was dictating the report — whether 
 Bailey, Bailey's lawyers, who were present, or some member of the 
 Suppression Committee. What would the people of Te.xas think of 
 a petit jury, trying a man for murder or treason, should said jury go 
 to the office of the defendant's lawyers, indeed, to the private apart- 
 ments of the criminal himself, and there, in the still hours of the 
 night, in the presence of the culprit, have the latter's attorneys write 
 their verdict of acquittal? When, oh! Texans, will you arouse from 
 this terrible scene and throw off the galling and corrupt yoke of this 
 vile dictator! 
 
 BAILEY CRIES FOR PEACE, CONDITIONAL PEACE, BUT THERE IS NO PEACE. 
 
 In order to avert the storm that afterwards broke loose in all its 
 righteous fury in the matter of Bailey's candidacy for delegate at 
 large to the National Democratic Convention at Denver in June, 
 
642 
 
 Senator J. IV. Bailey of Texas Unmasked 
 
 1908, Bailey issued from Washington, in January, 1908, his so-called 
 Peace Proclamation. In it, however, he proposed peace only for 
 those private citizens who might have theretofore made bold to crit- 
 icise, even in the privacy of their own patriotic hearts, the misdoings 
 of their lord and master. Upon those members of the 30th Legislature 
 of Texas who had faithfully sought to purify the politics of this State, 
 and through whose efforts he himself claimed to have been exonerated 
 and proven guiltless, he continued to declare "war to the knife and 
 knife to the hilt." The "Hate Speech" and the "Peace Proclama- 
 tion" are now presented in parallel columns. Compare them: 
 
 BAILEY THEN AND NOW 
 
 EXCERPTS FROM ADDRESS TO HOUSE 
 
 OF REPRESENTATIVES LAST 
 
 FEBRUARY. 
 
 VIEWS CONTAINED IN STATEMENT 
 ISSUED IN WASHINGTON SEV- 
 ERAL DAYS AGO. 
 
 USES WORDS OF HATE DESIRED PARTY PEACE 
 
 DECLARED THERE WOULD BE A FIGHT 
 THIS YEAR, WITH FENCE- 
 RIDERS BARRED. 
 
 SAYS HE ONLY WENT TO WAR WHEN 
 
 HIS tNEMlES FORCED THE 
 
 FIGHTING. 
 
 HE WOULD EXCEPT TWO MEN RELIED ON VINDICATION 
 
 Everybody from the Governor Down to Go 
 Except State Treasurer Sam Sparks. 
 
 In connection with Senator Bailey's 
 statement, reproduced in this issue of The 
 News, the following excerpts from the 
 speech which he delivered before the 
 House of Representatives at Austin on the 
 night of Feb. 27, 1907, will be found of 
 interest: 
 
 "The conspirators against the people's 
 will have been taught a wholesome lesson 
 (applause), and not within the living gen- 
 eration will they ever again be tempted 
 upon a course like that they have pursued. 
 Mark my words! Not one of the men who 
 organized and who sought to accomplish 
 this conspiracy will ever again wear the 
 honors of Texas Democracy. (Applause 
 and cheers.) They can not be trusted 
 (applause), because a man who will betray 
 the people's trust would betray the Re- 
 public itself if Hessians were for hire, 
 and they are fit associates for men like 
 that. (Applause). * * * 
 
 "They honest! Not an honest drop of 
 blood courses in their veins. (Laughter 
 
 Hopes His Friends Will Not Raise the "Bailey 
 Issue" When it is Avoidable. 
 
 The following statement with reference 
 to political matters in Texas, given by 
 Mr. Bailey in Washington several days 
 ago as forecasted by The News, and pub- 
 lished in the Fort Worth Record yester- 
 day, is reprinted in The News (Jan. 15, 
 1908): 
 
 To the Democrats of Texas : Since my 
 enemies have made a public announce- 
 ment of the plans and purposes of their 
 organization, I have received many letters 
 asking for an expression of my views as 
 to the course which my friends ought to 
 pursue. In order to save the time which 
 a separate answer to each would require, 
 and in order that all men may understand 
 my position, I have determined to write 
 one answer to all of those letters and to 
 make that answer public. 
 
 Before stating what action I think my 
 friends ought to take, perhaps it would be 
 well to review the circumstances which 
 render it necessary for them to take any 
 action at all ; and I am influenced to do 
 
The Political Life-Story of a fallen Idol 
 
 643 
 
 (Continued from 1st column) 
 and applause and cheers.) They say that 
 is bitter speech. I intend it to be bitter. 
 If I might borrow a sentiment from the 
 great infidel, Robert G. Ingersoll, I would 
 say that I sometimes wish that I might 
 possess words of pure Iwte, words that 
 would writhe and hiss like snakes, for 
 only then could I express my opinion of 
 the men who organized and conducted this 
 conspiracy against the good name of 
 Texas. (Applause.) * * * 
 
 FOR FIGHT THIS YEAR. 
 
 "If you think we are not to have a 
 fight next year you are mistaken. They 
 intend to control, if control they can, 
 the delegation to the National conven- 
 tion. I invite that contest, and if I live 
 I will devote my best energies to seeing 
 that not one of their kind goes as a dele- 
 gate to the National convention from the 
 State of Texas. (Applause.) If I live 
 not one of their kind will ever again dis- 
 grace the State of Texas by holding an 
 office under its authority. (Applause.) 
 They made this contest. Now let them 
 abide by its consequences. Call the roll. 
 Every man who voted against me in the 
 beginning voted against me here today. 
 I have not examined the roll call. I 
 may be mistaken in some honorable ex- 
 ception, but I would stake my independ- 
 ence on it that the vote today is the same 
 as the vote before the investigation. 
 (Voices — All Except Peeler.) Well, I 
 want to say 'God bless him,' that John 
 Peeler has always acted like an honest 
 man. (Applause.) He obeyed his in- 
 struction. How many of the other crowd 
 can say the same? (Laughter and ap- 
 plause.) * * * 
 
 "They think to destroy my usefulness. 
 They hope to destroy my usefulness. But, 
 thank God, my usefulness is above their 
 power to destroy. (Applause.) * * * 
 
 "I want to record a prediction here to- 
 night. Out of the forty men that voted 
 against my exoneration in this Legislature 
 not four will be back in the next Legis- 
 lature. (Applause.) I want to record 
 another prediction: That more than one- 
 half of them in less than four years will 
 be outside of the Democratic party, where 
 they belong. They will be leading the 
 Independence League or they will be go- 
 ing back to reorganize the Populist party, 
 
 11-10 
 
 (Continued from 2d column) 
 this all the more by the fact that my 
 enemies are charging me with the sole re- 
 sponsibility for this factional contest. 
 
 I pretermit all discussion of the origin 
 and motives of the fight against me ; but 
 I will say that if all the charges which 
 were made against me in the beginning of 
 that fight had been true, they raised only 
 a question of propriety. That question 
 of propriety, had it been based upon cor- 
 rect allegations, might have justified any 
 Democrat in voting against my nomina- 
 tion; but could not have justified any 
 loyal party man in attempting to defeat 
 me after I had been nominated. My 
 enemies recognized that their original 
 charges did not touch my personal or 
 political integrity, and consequently when 
 called upon to reduce them to writing they 
 supplemented them with a series of ad- 
 ditional charges, every one of which was 
 proven by their own witnesses to be ut- 
 terly false. 
 
 REVIEWS WARFARE. 
 
 After I had been nominated with prac- 
 tical unanimity at a Democratic primary, 
 indorsed without protest by a Democratic 
 State convention and elected with an over- 
 whelming majority by a Democratic Leg- 
 islature, the contest ought to have ended, 
 and would have ended if my enemies had 
 been actuated by any feeling which took 
 into consideration the welfare and the 
 honor of our State. Instead, however, 
 of permitting the election to terminate 
 the cor.test they pursued me through a 
 six weeks' investigation, which demon- 
 strated beyond all shadow of doubt that 
 their charges against me were without any 
 reasonable foundation. I did not com- 
 plain because my enemies insisted upon 
 that investigation. Indeed, I am frank to 
 say thai after they had made their charges 
 before the Legislature, I felt that it was 
 due to me, as well as to the State, that 
 a thorough investigation would not only 
 completely vindicate me, but I further be- 
 lieved that it would satisfy all reasonable 
 men that the war on me was without ex- 
 cuse, and thus end the factional strife 
 within the Democratic party. But before 
 the investigation was half completed, 
 both myself and my friends realized that 
 this hope was to be disappointed. As 
 soon as my enemies found that they could 
 
644 
 
 Senator J. IV. Bailey of Texas Unmasked 
 
 (Continued from 1st column) 
 which they have left. (Applause.) Con- 
 firmed and incurable Populists, some of 
 them, they could never agree to do 
 justice to a Democrat. I do not wonder 
 at that. In the old days when they as- 
 sailed the Democracy of Texas I defended 
 it, and in their hearts they hate me for 
 that. They got them a suit of Demo- 
 cratic clothes and stole back into the 
 Democratic camp and secured a Demo- 
 cratic office, only to betray a Democratic 
 constituency. There are some honorable 
 exceptions, but I can count those excep- 
 tions on the fingers of my hand and then 
 have enough fingers left to count them 
 over again. (Laughter.) 
 
 TO AMEND ELECTION LAWS. 
 
 "My countrymen, I will never rest un- 
 til I see the election law of this State 
 amended so that no man can have his 
 name put on the primary election ballot 
 as a candidate for the Legisalture with- 
 out recording a solemn written pledge 
 that he will obey the instruction which the 
 people give him in that primary election. 
 (Applause.) If we are to have the peo- 
 ple elect their Senators, let us see to it 
 that they can never be betrayed. Let us 
 see to it that the man who seeks the peo- 
 ple's suffrage is willing to pledge himself 
 to execute the people's will. This Legis- 
 lature ought not to adjourn until it has 
 amended Section 124 of that election law 
 so as to make it impossible for a man ever 
 again to accept the people's office and then 
 violate the people's instruction. * * * 
 
 "I had intended at the end of this Sen- 
 atorial term to retire, because when I shall 
 have completed it I will have given to the 
 service of Texas twenty-two of the best 
 years of my life. But the war these in- 
 fidels have waged on me has changed my 
 purpose (applause and cheers), and I 
 never intend to retire until all of them are 
 safely buried, politically speaking. (Ap- 
 plause and cheers.) However, I do not 
 agree to retire when they are buried, be- 
 cause if I did I would have to retire at 
 the expiration of next year. (Laughter.) 
 They have made their own graves. We 
 are going to lay them gently in those 
 newly made graves. We are going to 
 bury them face down so that the harder 
 they scatch to get out the deeper they 
 will go toward their eternal resting place. 
 
 (Continued from 2d column) 
 not produce any testimony which would 
 reflect upon my public service or my pri- 
 vate character they began openly to assert 
 that they would continue to fight, and de- 
 clared that as soon as the committee re- 
 ported in favor of my exoneration they 
 would begin organizing to elect men to 
 the next Legislature pledged to vote for 
 a resolution demanding my resignation as 
 a Senator from Texas. It was in response 
 to those open and repeated threats that I 
 declared in my speech before the Legis- 
 lature following the adoption of the com- 
 mittee's report that they could have all the 
 fight they wanted this year, and that it 
 should be a fight all along the line. Many 
 of the men who insist that this declara- 
 tion of mine is responsible for the exist- 
 ing conditions do not know the facts and 
 are, therefore, honest in their misstate- 
 ments. They know what I said to the 
 Legislature, but they do not appear to 
 know that my declaration was in re- 
 sponse to what my enemies had been say- 
 ing for several weeks. I did not issue 
 a challenge; I merely accepted one which 
 had already been issued. [No such chal- 
 lenge or such talk had in fact been in- 
 dulged in by Bailey's opponents pending 
 his so-called investigation. This charge 
 on his part is just a "straw man" set up by 
 him as an excuse for his own belliger- 
 ency.] 
 
 VIOLATING INSTRUCTIONS. 
 
 It is perfectly true that before that 
 time, and since that time I have con- 
 tended that no man should ever be elected 
 to a public office who had violated the 
 positive and specific instructions of his 
 constituents. My contention, however, 
 in that regard was not a personal matter. 
 I have always believed, and I now believe, 
 that the right of the people to instruct 
 their representatives is essential to their 
 security as freemen. I regard that as a 
 vital and fundamental principle of this 
 republic, and its faithful maintenance is 
 of supreme importance to the safety of 
 the Government and the happiness of 
 the people. That principle is infinitely 
 more important than the fortunes of any 
 man, and we must not permit its viola- 
 tion either out of blind devotion or blind 
 hate toward individuals. To disobey an 
 instruction which the people have coupled 
 
The Political Life-Story of a Fallen Idol 
 
 645 
 
 (Continued from 1st column) 
 (Laughter and cheers.) At their heads 
 we will write this epitaph: "He tried 
 to destroy an honest Democrat and des- 
 troyed himself in making the attempt." 
 At the footboard we will write another 
 — not an epitaph. We will write rather 
 a legend there: 
 
 " 'We know not whence he came, but 
 we do know where he has gone.' (Ap- 
 plause, cheers and laughter.) 
 
 ON ONE SIDE OR THE OTHER. 
 
 "My countrymen, let us not be hypo- 
 crites. They have drawn the line. Let 
 us take our place on the side of Christian 
 Democrats while they take their side with 
 the infidel Republican and Socialists, and 
 let us teach every man that he must fight 
 on one side or the other. There is no 
 place hereafter in the politics of Texas for 
 the fence rider. The man who tries to 
 fight between the lines is certain to be 
 killed. A straddler was never a Demo- 
 crat and never a safe legislator. In a 
 contest like this men are either right or 
 wrong, and to quibble over whether you 
 will vote the exoneration today or a week 
 from today is unworthy of sensible and 
 honest men. * * * 
 
 "In my home I intend to put the photo- 
 graph of this Legislature. Two pictures 
 will embrace the photograph. Over the 
 one I am going to write, 'The Roll of 
 Honor,' and I am going to put you men 
 there. Over the other I am going to 
 write 'The Rogues' Gallery' (applause) 
 and I am going to put there the pictures 
 of the men who have betrayed the Demo- 
 cratic party of Texas, and I am going to 
 swear my children never to forget the one 
 or to forgive the other. (Applause.) 
 
 "The old bitterness and division which 
 resulted from the unhappy struggle be- 
 tween Hogg and Clark will be long for- 
 gotten before any of us forget this. * * * 
 
 "There are more States than one from 
 which I might reasonably hope to be 
 elected to the Senate of the United States 
 but there is but one in all the Union 
 which I love to represent, and that is the 
 greatest of them all, the imperial Com- 
 monwealth of Texas. (Cheers.) I repre- 
 sented it for six years. I will represent 
 it for eighteen years longer. (Applause.) 
 I now declare that while I would gladly 
 stand aside for one of my friends I will 
 
 (Continued from 2d column) 
 with all office is, to my mind, the most 
 unpardonable of all political sins, and 
 when I have appealed for the punishment 
 of men who are guilty of this great crime 
 against free government, I have done so 
 without any thought of how it might af- 
 fect me personally or politically. So far 
 as we must have a contest involving the 
 right of the people to instruct their repre- 
 sentatives to obey those instructions, I 
 cheerfully accept the full responsibility. 
 Further than that, however, I did not de- 
 sire to go, and I would not have advised 
 or encouraged a contest beyond that. 
 While I regard every instruction received 
 from the people as so binding upon the 
 conscience of a legislator that he must 
 either obey it or resign his office, I feel 
 that there was a peculiar sanctity in the 
 instructions for the election of a Senator. 
 The Legislature of our State had pro- 
 vided by statute for that instruction, and 
 the party organization faithfully en- 
 deavored to execute the law. If an in- 
 struction thus solemnly given under the 
 sanction of the law and according to the 
 formality of the party organization can 
 be disobeyed with impunity, what right 
 have the people to expect an obedience to 
 their will in less formal instances? 
 
 DANGEROUS EXAMPLE. 
 
 The attempt to excuse some men for 
 violating their instructions upon the 
 ground that other men have not carried 
 out the platform demands tends to make 
 a bad matter worse. Even if the analogy 
 were sound, that argument simply em- 
 phasizes the danger that I have just 
 pointed out when I state that if one offense 
 is excused, then other offenses will be en- 
 couraged. The analog)', however, be- 
 tween a platform demand and a specific 
 instruction is not sound. Certainly, 
 every platform demand ought to be car- 
 ried out to the letter, but it must hap- 
 pen, and frequently does happen, that a 
 certain platform demand is adopted by a 
 bare majority over the protest of the peo- 
 ple of certain counties; and the Represen- 
 tatives from those counties in voting 
 against such platform demands are voting 
 really the sentiments of their people. I 
 do not justifj' that course ; because, I be- 
 lieve that when the party as a whole has 
 decided upon a policy it is the duty of 
 
646 
 
 S motor J. IV. Bailey of Texas Unmasked 
 
 (Continued from 1st column) 
 never stand aside for one of the State's 
 enemies. * * * 
 
 "I want to remind my friends here q{ 
 a circumstance. You will find these men 
 who voted against me declaring when they 
 get back home that they were not anti- 
 Bailey men. I have had that experience. 
 I had it back in the old Fifth Congres- 
 sional District. They lied about me up 
 there — not as viciously as they have done 
 down here, because that class of people 
 were incapable of this class of lying 
 (laughter), but they told many things 
 that were not true. Do you know how 
 we broke them up? Why, we got so that 
 we would not let one of them go to a 
 precinct convention ; we would not let 
 them be elected a Justice of the Peace, 
 and that made Christians out of them on 
 the spur of the moment. (Laughter.) 
 Now, let us try that on these other fel- 
 lows. Never let them go to a convention. 
 You can not trust them. Didn't they 
 betray the party in this instance? Will 
 they betray it in the next? I am by that 
 kind of a Democrat like the Indian was 
 about the white man. He said: 'If the 
 white man cheats the Indian once it is the 
 white man's fault, but if the white man 
 cheats the Indian the second time that is 
 the Indian's fault.' (Laughter.) These 
 men have betrayed the party once. That 
 is their fault. But if the party ever puts 
 them in a position where they can be- 
 tray it a second time that is the party's 
 fault. 
 
 GOING TO LINE UP. 
 
 "We are going to line up next year. 
 Well, we won't have any contest over the 
 Governor. He is all right. But from 
 the Governor down, including the Lieu- 
 tenant Governor. (Laughter and ap- 
 plause). A Lieutenant Governor who, 
 as the presiding officer of the Senate, will 
 give a majority of a committee to a minor- 
 ity of the Senate ought never to be trusted 
 with that high office a second time. (Ap- 
 plause.) It was never done before. It 
 will never be done again, in Texas. 
 Mark my word for it. We will teach 
 him a lesson, He needs it. He will get 
 it, as sure as God lives and rules the uni- 
 verse. I have a letter written to me be- 
 fore the Senate convened, in which I was 
 warned that the Lieutenant Governor 
 
 (Continued from 2d column) 
 every part of the party to acquiesce in and 
 support that policy. But the offense of 
 failing to carry out a platform pledge, 
 when compared with the greater offense 
 of violating an instruction of the people, is 
 as a misdemeanor compared with a felony. 
 Immediately after the report of the in- 
 vestigation committee was adopted I left 
 Austin for Washington, so that I might 
 be here to take the oath of office and enter 
 upon my new term, in case the President 
 convened Congress in extraordinary ses- 
 sion. No call for an extra session was 
 issued, and in a few weeks I returned to 
 Texas upon the invitation of the people of 
 Fort Worth and Gainesville. At both 
 places I addressed my fellow citizens but 
 at neither place did I do or say anything 
 to encourage or intensify a contest within 
 the party. At Fort Worth I dwelt but 
 briefly on the fight against me, and at 
 Gainesville nearly all I said on that sub- 
 ject was an arraignment of the men who 
 had refused to obey the instructions di- 
 rectly and specifically given them by their 
 tonstituents. I returned to Washington 
 after the Gainesville speech to be with my 
 family until my younger boy was out of 
 school, the first week in June, and during 
 that time my friends sought to allay rather 
 than to keep alive the issue, which they 
 felt had been settled by my legislative 
 exoneration. 
 
 AGAIN DESIRED PEACE. 
 
 They studiously avoided, wherever they 
 could do so with proper self-respect, in- 
 jecting the issue between me and my 
 enemies into the municipal and other elec- 
 tions last spring, and for that course they 
 were taunted in some cases, while in other 
 cases their conduct was proclaimed as my 
 defeat. For instance, at McKinney, 
 where my friends are in an overwhelming 
 majority, a man was elected Mayor who 
 has for fifteen years been opposed to me. 
 The question of Bailey or anti-Bailey was 
 kept out of the campaign, and yet imme- 
 diately after the election was over the 
 result was proclaimed thoroughout the 
 State as an anti-Bailey victory. At other 
 places substantially the same thing hap- 
 pened, and those who read the newspapers 
 will recall that these elections were 
 paraded as anti-Bailey victories, while in- 
 
The Political Life-Story of a Fallen Idol 
 
 647 
 
 (Continued from 1st column) 
 was going to pack the Senate committee 
 on investigation. He did it. I will pay 
 him for it. If God lets me live, I will 
 pay him for it. (Applause.) 
 
 "I owe no grudges that I have not tried 
 to pay to my enemies, and I owe no obli- 
 gation that I have not tried to pay to my 
 friends. I think the greatest virtue in 
 this world, next to devotion to your prin- 
 ciples, is fidelity to your friends, and I 
 think the next greatest virtue in this 
 world is to take care of your enemies. 
 (Laughter and applause.) I warn you 
 now. I have had some experience about 
 these things. I warn you now that the 
 man who does not hate his enemies never 
 loves his friends. A man who is always 
 trying to make up with his enemies is al- 
 ways falling out with his friends. They 
 say I ought not to do this, that that is 
 what makes so much trouble for me. 
 Well they have not made any more trou- 
 ble for me than I have made for them. 
 (Applause.) Nearly all of those who 
 have been trying to make this trouble for 
 me have got 'ex' before their names, and 
 those who have not got it will have it 
 just as soon as the people get to them at 
 the next election. (Applause and laugh- 
 ter.) * * * 
 
 WILL NOT FORGIVE. 
 
 "I do not despair. Although the iron 
 entered my soul, it has not lessened my 
 faith in the integrity and intelligence of 
 my people. (Applause.) And tonight I 
 can breathe about my country's altar and 
 I can breathe as fervent a prayer for my 
 country's safety and my country's glory 
 as I could when all men acclaimed me 
 with their applause. I am only wiser — 
 I hope, a little better; and yet I am not 
 so tried to meekness that I pretend to for- 
 give the men who brought this battle on. 
 I will not forgive them this side of the 
 grave, not because they assailed me with 
 injustice and falsehood ; I might forget 
 that ; but they made a furious attack upon 
 the authority and integrity of the Demo- 
 cratic party in the great State of Texas. 
 (Applause.) 
 
 "There was never an hour when such 
 an attack could be so little excused, for 
 there was never an hour when Democ- 
 racy needed the united voices of all her 
 sons as she does today. We are standing 
 
 (Continued from 2d column) 
 suiting telegrams about them were first 
 sent to me and then reproduced in the 
 public prints. But even under those prov- 
 ocations my friends still refused to en- 
 gage in a factional strife and made no at- 
 tempt to effect an organization which 
 their superior numbers would have made 
 invincible. Their example, however, was 
 not followed by my enemies, who were 
 busy nearly all of that time in different 
 parts of the State, and their activity finally 
 culminated in the Dallas dinner, which is 
 conspicuous as, perhaps, the only occasion 
 in the history of Texas whose single pur- 
 pose was to cultivate hate and promote 
 faction. At that dinner speeches were 
 made and resolutions adopted not only 
 proscribing me, but also proscribing my 
 friends. Still anxious to avoid a fight 
 within the Democratic party, my friends 
 took no steps looking toward an organiza- 
 tion and continued to act upon the belief 
 that the sincere and intelligent Demo- 
 crats of Texas would absolutely annihilate 
 a miserable faction which refused to let us 
 have peace. 
 
 NO ORGANIZATION. 
 
 I traversed the State for months, de- 
 fending myself against the false and un- 
 just accusations which had been made 
 against me and performing In other re- 
 spects what I conceived to be my duty to 
 the Democratic party, but I did not at 
 any place attempt to organize my friends, 
 and I left Texas to attend the present ses- 
 sion of Congress without the slightest 
 semblance of an organization. I had 
 hardly passed beyond the borders of the 
 State, however, when I found that my 
 enemies had organized a committee, es- 
 tablished headquarters and were canvass- 
 ing in every county and community of the 
 State for members of a miscalled "Demo- 
 cratic club," whose only object they 
 frankly avow is to prevent my election 
 as a delegate to the National Democratic 
 
648 
 
 Senator J. W. Bailey of Texas Unmasked 
 
 (Continued from 1st column) 
 upon the very verge of a great contest 
 for the highest office within the gift of 
 this Republic. The Presidency itself is 
 the prize for which we fight, and who can 
 measure the crime, who can describe the 
 infamy of men who would divide our 
 strength and distract our counsels in an 
 hour like this? On every side, aye, in 
 every town and village in this land, the 
 Republican party is marshaling its hosts 
 for battle and for victory. In their hearts 
 they have their hates; in their minds they 
 have their differences, but who hears a 
 discordant note arising from the ground 
 upon which our great and ancient enemy 
 pitches its tents tonight? 
 
 "For ten years, I grieve to say, Demo- 
 crats have seemed to hate each other worse 
 than they hated Republicans. * * * 
 
 "But while I sermonize upon the value 
 of unity, do not understand that I beg 
 for unity at the expense of conviction. 
 My whole plea is this and only this: 
 That if men can not behave like Demo- 
 crats in the Democratic party, let them 
 get out of the Democratic party and stay 
 out. * * * 
 
 CONTRAST AS TO FIDELITY. 
 
 "Now I want in conclusion to contrast 
 my attitude and my fidelity with the at- 
 titude and fidelity of those men about 
 whom I spoke. If, perchance — which God 
 and the Democratic party forbid — but if 
 perchance, one of them should be given 
 a Democratic nomination, I will give him 
 my cordial and enthusiastic support. 
 (Applause.) I will not support him as a 
 man ; I will support him as a Demo- 
 cratic nominee. Next year, when the 
 great and embattled hosts are arrayed, 
 you will find them in the rear out of the 
 danger of the enemy's shot, still mouth- 
 ing against what they are pleased to call 
 the shortcomings of their brethren. Look 
 where they will be and then look where 
 I fight. I will be fighting in the fore- 
 most of that battle and where it rages the 
 fiercest. (Applause.) I would say to 
 them as a French King said — " 
 
 At this juncture some one handed Sen- 
 ator Bailey a note. He read it, smiled 
 and then continued : 
 
 "One of my friends says that I ought 
 to say that when this fight comes from 
 the Governor down, that I ought to ex- 
 
 (Continiied from 2d column) 
 convention. I had never expressed any 
 desire to be a delegate for the place until 
 the conduct of my enemies forced me to 
 do so or appear to shrink from a test of 
 strength. This plain statement of facts 
 must satisfy every fair-minded man where 
 the responsibility for this disgusting and 
 senseless strife must rest. 
 
 In order, however, to moderate this 
 condition so far as possible, I advised my 
 friends not to make this fight against me 
 an issue in any contest except where they 
 are compelled to do so by the other side. 
 The people of Texas should select their 
 State officials. Judges, District Attorneys, 
 Sheriffs, Clerks and other officers with 
 reference solely to the fitness of each can- 
 didate for the place which he seeks. The 
 friendship for me or enmity toward me 
 of any candidate is not a fair test of his 
 qualification for office; and all candidates 
 should be judged by the time-honored 
 Democratic standard of honesty, capacity 
 and fidelity to the party's principles and 
 nominees. Of course, there will be ex- 
 ceptions to this rule, as there are excep- 
 tions to all rules. It will be utterly im- 
 possible to eliminate the so-called "Bailey 
 issue" from the legislative contest, be- 
 cause my enemies are everywhere seeking 
 to elect candidates who will vote to de- 
 mand my resignation ; and my friends 
 will be compelled in simple self-defense to 
 meet that issue. 
 
 ATTORNEY GENERAL. 
 
 Nor IS it possible to avoid the "Bailey 
 issue" in the Attorney General's race. The 
 candidacy of the present Attorney General 
 for re-election might not under ordinary 
 circumstances be a direct challenge to my 
 friends, but when we consider the per- 
 sonnel of the conference which preceded 
 the announcement of his candidacy, and 
 the subsequent statements of those who 
 attended that conference, no one can es- 
 cape the conclusion that Davidson's can- 
 
The Political Life-Story of a Fallen Idol 649 
 
 (Continued from ht column) (Continued from 2d column) 
 
 cept from it my good friends, like Sam didacy is a direct anti-Bailey proposition, 
 
 Sparks and others. There will be a fight, and so intended by those who are promot- 
 
 but they will be fighting against Sam ing it. I so consider it, and I have no 
 
 Sparks and we will be fighting for him doubt that my friends will do the same, 
 
 (applause), for he is as true and as loyal With these exceptions and others like them 
 
 a Democrat as lives. We will fight only aside, I hope my friends will not be the 
 
 against the men who fight against the first to raise the issue where it can be 
 
 Democratic party and the nominee and I honorably avoided, but I also hope that 
 
 thank my friend for calling that to my at- where the other side forces it on us we 
 
 tention. The other fellows will be fight- will meet it in such a manner as to teach 
 
 ing that kind of Democrats and we will the Texans of this generation to accept 
 
 only be fighting their kind of Democrats. as final, at least until the next election, the 
 
 "As I was about to say in conclusion, action of a Democratic primary in nom- 
 
 I would call all Democrats, whether they inating, and of a Democratic Legislature 
 
 love me or hate me, whether I love them in electing a Democratic nominee to the 
 
 or hate them; I would call on them to United States Senate, 
 follow me. * * * J. W. Bailey. 
 
 ODELL, bailey's CHIEF DEFENDER, ADMITS EMPLOYMENT BY OIL TRUST. 
 {Special to the News.) 
 
 Cleburne, Tex., March 23. Hon. D. W. Odell has issued the 
 following signed statement: 
 
 "Cleburne, Tex., March 23, 1908. I will not permit the use of 
 my name as delegate at large to the Denver convention. First, be- 
 cause the honor was accorded me in 1904; second, the fact of my be- 
 ing an attorney for ithe Waters-Pierce Oil Company, in one case 
 would cause the enemies of Senator Bailey to lie about that employ- 
 ment. 
 
 "D. W. Odell." 
 
 senator senter tells how looney broke faith with senate in- 
 vestigation COMMITTEE. {Dallas News, Nov. 10, IQOy.) 
 
 "On either Friday or Saturday, the 22d or 23d of February, a 
 meeting of the Senate investigating committee was held, and Senator 
 Looney then submitted for discussion a proposal to declare the evi- 
 dence closed. Senators Skinner, Green, Greer and myself insisted 
 that testimony should be taken at St. Louis, and particularly that the 
 case should not be closed until Pierce's testimony could be had or ev- 
 ery resource exhausted to get it. After considerable discussion a 
 plan of action was unanimously agreed upon, which was that on the 
 following Monday Senator Green would offer in the Senate a resolu- 
 tion expressly authorizing the Senate committee to proceed to take 
 testimony outside the state, and if necessary to take the depositions 
 of Pierce and other outside witnesses. Senator Looney was to offer a 
 substitute for this directing the committee to close the testimony and 
 conclude the investigation. It was agreed by all members of the 
 committee present that it was advisable to have little friction as pos- 
 sible over the question, because of important measures then pending 
 before the legislature, the fate of which might be affected by hot dis- 
 
650 Somtor J. IV. Bailey of Texas Unmasked 
 
 cussion of the Bailey matter, and in order to prevent this all of us 
 agreed to abstain from any debate upon these two resolutions, and 
 with this understanding, assented to by all present, Mr. Looney being 
 one of the principal movers to this end, we adjourned. 
 
 LOONEY MOVES TO DISCHARGE SENATE COMMITTEE INSTANTER IN OR- 
 DER TO AVOID AN ADVERSE REPORT BY THE MAJORITY OF SAID 
 COMMITTEE. 
 
 "I heard nothing more about the matter until about 15 minutes be- 
 fore the Senate met on Monday morning, February 25, when I was 
 advised by Senator Green that he had just learned that Mr. Looney, 
 instead of offering the resolution agreed upon, was going to offer a 
 resolution discharging the committee without a report, and declaring 
 Bailey exonerated. I was dumfounded by this news, and entered my 
 protest upon the floor of the Senate. I then believed and still be- 
 lieve that Mr. Looney made the agreement he did on the preceding 
 Friday or Saturday in good faith, and that he took, this remarkable 
 course at the instance of Bailey himself, who, of course, resorted to 
 this trick to prevent a report unsatisfactory to him, being made by a 
 majority of the committee. This circumstance will serve to show 
 why Bailey is so anxious to put Looney in the attorney general's of- 
 fice. It can hardly be doubted that Pierce or any other man for 
 whom Bailey might vouch would receive all the consideration from 
 Mr. Looney in the attorney general's office that Bailey should ask. 
 For this suggestion I have the authority of Mr. Looney himself. In 
 discussing his resolution, to which I have referred, on the floor of the 
 Senate, he declared in substance that the state was tired of the investi- 
 gation and clamoring for it to close, that the people were satisfied 
 with Bailey's word; that they wanted nothing more to convince them 
 of his innocence, and that it was sufficient to end the controversy. 
 His attitude with reference to this matter, as well as his conduct 
 throughout the investigation, well entitles him to be put forward by 
 Bailey as his favorite candidate, and equally entitles him to the op- 
 position of every man who is opposed to Baileyism. 
 
 HOW SENATOR ROBT. B. GREEN STOOD. 
 THE SENATE RESOLUTIONS. 
 
 "In order that the general public may be fully apprised as to the 
 facts connected with the abrupt discharge of the Senate investigating 
 committee without a report, and M.r Looney's relation to the matter, 
 I reproduce the two resolutions referred to, the first being offered by 
 Senator Green and the second by Senator Looney. 
 
 By Senator Green: 
 
 "Be it Resolved, That should the committee heretofore appointed 
 under resolution of the Senate to investigate any charges that might 
 be filed against Senator Bailey deem it expedient, advisable and 
 proper to secure the testimony of H. Clay Pierce, or other witnesses, 
 
The Political Life-Story of a Fallen Idol 651 
 
 or to examine any papers or books beyond the limits of Texas, that 
 it shall have the power to appoint a sub-committee of two to go be- 
 yond the limits of this state to such place or places as may be neces- 
 sary to secure testimony of said H. Clay Pierce or other witnesses, 
 and to examine papers and books. If said Senate committee deem it 
 necessary, it is hereby empowered to take the testimony of said H. 
 Clay Pierce or other witnesses by depositions. 
 
 "It is understood that the Senate committee is hereby instructed 
 to do any and all things it may deem necessary in the premises, ac- 
 cording to the powers, practice and procedure conferred upon like 
 committees by the act recently passed by this legislature which gov- 
 erns investigations before legislative investigating committees." 
 By Senator Looney: 
 
 ^''Whereas, The investigating committee heretofore appointed has 
 for many weeks been engaged in hearing testimony concerning the 
 personal and official integrity of Senator Bailey; and 
 
 "Whereas, Said committee has conducted a full and complete ex- 
 amination of the matters and charges alleged against Senator Bailey 
 and 
 
 ^'Whereas, The committee appointed by the House and the Senate 
 have conducted the investigation in joint session and the testimony 
 completely and overwhelmingly vindicates and exonerates Senator 
 Bailey, and shows beyond all question the falsity of each and every 
 charge made against him, affecting either his personal or official in- 
 tegrity, and his standing as a man or a Senator; therefore, be it 
 
 "Resolved by the Senate, first, That the evidence does not justify 
 the filing of charges; that each and every charge made against Sen- 
 ator Bailey is untrue and without foundation, and that the testimony 
 in said investigation thoroughly exonerates him personally and offi- 
 cially and that he at all times has been an able, honest and courageous 
 representative of the people and loyal and faithful to all their inter- 
 ests. 
 
 "Third, That the Senate committee be and it is hereby by the Sen- 
 ate discharged." 
 
 And thus was the Senate Committee not only prevented from con- 
 tinuing its investigations, as Senators Green, Greer, Skinner and 
 Senter (a majority of said Committee of seven) wanted to do, but 
 was thus abruptly discharged, in order to keep four members of the 
 Committee from finding Joe Bailey "guilty as charged." 
 
 "JOE BAILEY MARKED." BY SENATOR E. G. SENTER. 
 
 At the organization of the Dallas Democratic Club, January ii, 
 1907, Hon. E. G. Senter, addressing the meeting, said: 
 
 Whenever a question arises in this country which involves an 
 issue of common honesty it can never be settled short of the complete 
 and unchallenged triumph of the moral forces which it calls into ac- 
 tion. 
 
 It is no new problem with which we have to deal in this State. 
 
652 Senator J. W. Bailey of Texas Unmasked 
 
 It is older than the ancient republics which it overwhelmed, as old 
 as organized government. 
 
 Bailey was not the inventor of Baileyism. To him, however, be- 
 longs the ignoble distinction of being the first to wage open battle in 
 its behalf in an American State. 
 
 Bailey stands and makes the shocking claim that he is an expo- 
 nent and a chosen apostle of the Democracy which produced such 
 ideals of ofificial cleanliness as Jefferson and Jackson, and Jeremiah 
 Black and Allen G. Thurman, and Tilden and Hendricks, and Gor- 
 man and Lamar and Morgan, and Coke and Roberts, and Maxey and 
 Reagan and Hogg, and others of their lofty type. 
 
 Let no man underrate the importance of the issue which Bailey's 
 conduct and his re-election and his present attitude have forced upon 
 the Democracy of this State. This is no factional contest. It is not 
 a contest to determine whether friends or opponents of Bailey shall 
 divide the public offices. Beyond and above all matters of political 
 patronage and aspiration looms the question whether this State is 
 to be dominated by a conspiracy organized by Joe Bailey to make 
 merchandise of its laws and their administration, its honors and of- 
 fices, to fatten his own fortune and reward his favorites. 
 
 Every device that trickery could suggest has been involved to con- 
 ceal from the people the nature and extent of the proof that has been 
 made of the operations of this conspiracy. The agencies of public in- 
 formation have been partly closed, and wherever Joe Bailey's influ- 
 ence runs, the window to this light has been shut to the public. Office 
 holders have been browbeaten, candidates threatened, and even pri- 
 vate business has been menaced in a vain attempt to stay the rising tide 
 of public indignation. 
 
 But it was not sufficient for Joe Bailey's purposes to merely dom- 
 inate the Thirtieth Legislature and to write its judgment upon him- 
 self. The conspiracy of which he is the head can not survive if any 
 Legislature shall assemble at Austin which he can not control. He 
 needs not only the Legislature, but his extensive business connections 
 require as their chief adjutant an Attorney General who will do his 
 bidding. Davidson does not gee and haw when he says gee and haw. 
 Davidson does not pigeonhole and suppress documents to conceal the 
 truth about Joe Bailey. Davidson does not run the office of Attorney 
 General as an appurtenance of the trusts which are smart enough to 
 adopt Joe Baliey as a silent partner. It became necessary for Joe 
 Bailey to pick another man for Attorney General. Mark well his 
 candidate. Time is too short for me to suggest his many elements of 
 unfitness. It is enough to say that among those in the Thirtieth 
 Legislature who were most zealous in support of Bailey's attempt to 
 hide the truth about himself, B. F. Looney was easily foremost. What 
 a recommendation for the high office to which he aspires. 
 
 Would any impartial and thinking man be willing to place in 
 charge of the judicial machinery of the State Government a man who 
 assisted in the suppression of important evidence relating to the most 
 important case that was ever tried in Texas? 
 
The Political Life-Story of a Fallen Idol 653 
 
 This is the record, my friends, and all the perfumes of Arabia can 
 not wipe out the blot it has made upon the name and fame of Texas, 
 and particularly the Democratic party of this State. Those who 
 would fasten upon it the offenses of Joe Bailey would not only make 
 its name a byword and reproach throughout the Union, but they 
 would eternally blast its hopes of victory. Fortunately, we are soon 
 to rally around the standard of a leader whose very name is a house- 
 hold synonym for purity in personal and political life. A Democracy 
 that produces a Bryan should not burden itself with apologies for a 
 Bailey. 
 
 Joe Bailey, unmarked, did not get his commission from the De- 
 mocracy of this State. When he was challenged to send the issue 
 back to the people he cringed and shuddered. Despite his boasts, he 
 dares not face the people of Texas at the polls and he will never face 
 them until he is compelled to do so. 
 
 My friends, this is a question which can not wait upon Joe Bai- 
 ley's convenience and which will not down at the bidding of gum shoe 
 politicians. 
 
 The official who directly or indirectly condones Joe Bailey's con- 
 duct, no matter upon what pretext, becomes an accomplice after the 
 fact, and the people of Texas ought to put upon him the brand of 
 Baileyism so deep that it can never be effaced. 
 
 If any man fears to show his hand upon this question, let him go 
 to the rear where he belongs, but, my friends, let him understand 
 that he will be expected to stay there. When a fight is on for com- 
 mon honesty in public life, every man who owes an obligation to the 
 people is called upon to define his position. If he fails in this high- 
 est duty all of his pretensions are but sounding brass and tinkling 
 cymbal. 
 
 But, my friends, we do not need the help of the politicians to 
 solve this problem, and to solve it rightly. The people themselves 
 are going to solve it in the primaries. They are going to speak out on 
 the first Saturday in May, and what they say then will serve notice 
 upon the world that Baileyism and Democracy are vitally different 
 and antagonistic things, and in the July primaries they are going to 
 follow this up with an emphatic refusal to install in the ofHce of At- 
 torney General a man whose highest claim upon it is based upon the 
 service he rendered to Joe Bailey. 
 
 We are making history and precedent which will be echoed, not 
 only in our own future, but in the future of every other American 
 State for a hundred years to come. 
 
 Can any patriot contemplate without a shudder what it means in 
 all the walks of official life of Texas to put the seal of approval upon 
 Bailey's conduct, or to fail to repudiate the attempt of the Thirtieth 
 Legislature to do it? This thought should awake to instant action 
 every patriotic citizen of this State. With such a force in action we 
 need no generals. Let the politicians toy and play with dubious ut- 
 terances and dissemble and shuffle as their cowardly instincts may 
 
654 Senator J. II'. Bailey of Texas Unmasked 
 
 suggest. This is a time that calls for men, brave men, who know but 
 a single word when a question of honesty is at stake, and that word is 
 action. It is up to the people now. Hungry aspirants for the office 
 ought never to be intrusted with the settlement of any issue. The 
 primary law has put the people of Texas in the saddle in Texas. It is 
 for them to pass final judgment on Baileyism. Bailey seeks to chal- 
 lenge their authority, but with all his bombast when they speak in the 
 coming primaries he will hear and he will obey. 
 
 We are told that somebody is planning to issue a proclamation of 
 general amnesty to end this controversy by compromise. 
 
 Who is it dares to assume the authority to lock up the conscience 
 of 400,000 Democratic voters of this State and to commit the party 
 to a tacit endorsement of Bailey's methods? Whoever he may be, let 
 him understand now that any such attempts will be regarded by every 
 citizen of this State who understands and values his own political 
 sovereignty as a cunning efifort to betray the party into the hands of 
 the emissaries who are now scouring this State in behalf of the Wa- 
 ters-Pierce Oil Company and Joe Bailey. 
 
 What is there to be compromised? Baileyism is here — a visible, 
 concrete, unholy force. It aspires to control this State from its low- 
 est to its highest office. Every man who votes must either vote for it 
 or against it. He can not dodge the issue without wholly renouncing 
 his political prerogatives. Bailey has made the issue and he himself 
 could not withdraw it without making public confession of his 
 wrongdoing and retiring from politics. Every man who knows him 
 knows that he is exerting all the energies and resources at his com- 
 mand and to gain a seeming endorsement at the hands of the people 
 in the coming primaries. He and his lieutenants are scheming and 
 planning to dupe and delude the public into inaction in order that 
 they may win an apparent triumph while the people sleep. Who- 
 ever lends himself to any scheme to lull the people into silence is 
 either an open or secret ally of Baileyism. Speaking for myself alone, 
 I challenge every trickster who is engaged in this conspiracy to come 
 to the front and show his face and his hand. I want no communion 
 with the man who tells me that he is against Baileyism and tells 
 Bailey's lieutenants that he is for Bailey, for I know that when the 
 hour comes that will try men's souls, he will play false to every in- 
 terest except what he conceives to be his own. I have learned to value 
 men by their deeds rather than by their words. For twenty years I 
 have known most of those in Texas who have been classed as political 
 leaders and politicians. I wish tonight that I could reach the heart 
 and the conscience of every man in Texas who has a heart and a con- 
 science and plant there an undying opposition and contempt for ev- 
 ery man who plays politics as a game for what he can get out of it. 
 I wish it were within my power to banish forever to private life ev- 
 ery coward who loudly mouths his claims to high principles when 
 there is no present opportunity to demonstrate them and who is ready 
 to make a bargain with the devil when the real time comes for him 
 to show his true colors. 
 
The Political Life-Story of a Fallen Idol 655 
 
 Take my word for it, Democrats of Texas, you need to look well 
 to your office holders, and when you catch one of them running 
 around back alleys with the gumshoe agents of the Waters-Pierce Oil 
 Company or any other trust fixing up in the dark any kind of a po- 
 litical deal the best thing you can do is to fling him into the trash pile 
 to be carted off to the dump. 
 
 Compromise? Let every man speak for himself. As for me, 
 whenever I am ready to strike hands in approval, direct or indirect, 
 of what I believe to be the greatest political offense ever committed 
 against a sovereign State, I hope my children will disown their father 
 and that the State will deprive me of a name which by whomsoever 
 it has been borne has ever stood for common honesty in all the walks 
 of life. 
 
 CRIPPLE BAILEY ONCE ASSAULTED. 
 
 MAKES AN AFFIDAVIT OF WHAT OCCURRED AT GAINESVILLE. 
 
 Gainesville, Texas, April 29, 1908 — The following affidavit has 
 been made and given out for publication: 
 
 State of Texas, County of Cooke : I, J. M. Pratt, on oath, say that 
 I am 69 years of age and a resident of Cooke county, Texas; I weigh 
 120 pounds and have been paralyzed in both legs since 1 was four 
 years old and have always gone in a roller chair or on crutches, being 
 unable to walk without crutches. 
 
 At the November election in 1894 I voted at the Fourth ward in 
 Gainesville. I had gone to the voting place on crutches to cast my 
 ballot. While there I was discussing with William McGaughy the 
 fitness of J. W. Bailey for office, he being then a candidate. / ex- 
 pressed the opinion that he was an untruthful man and selfish and de- 
 ceitful. While I was discussing Bailey he approached me and asked 
 me what I had been saying about him. When I began to explain 
 
 what I had been saying he said: "You are a 
 
 ," and struck me with his fist. McGaughy had a knife open eat- 
 ing pecans. Bailey turned to him and said: "Bill McGaughy, you 
 drew a knife on me." McGaughy said, "No, but I have one." Bailey 
 started to his buggy and said, "By—, I'll go and get a gun and come 
 here and kill you." And McGaughy said, "All right; I'll be here 
 when you get back." Bailey did not return. S. T. Worley and J. I. 
 P. Siddall, who reside in Gainesville, witnessed the occurrence. 
 
 J. M. Pratt. 
 
 Sworn to and subscribed before me this the 3rd day of April, 1908. 
 
 J. M. R. Bell, 
 (Seal) N. P., Cooke Co., Texas. 
 
656 Senator J. IV. Bailey of Texas Unmasked 
 
 ANTIDOTES FOR BAILEYISM. 
 
 Patriotic men retreat not when showered upon by the shafts of 
 ridicule, the darts of derision, or hell-born threats of intimidation; 
 neither do such men shrink patriotic responsibility in the face of 
 overawing but misguided or uninformed majorities. — The Author. 
 
 Every lie, great or small, is the brink of a precipice, the depth of 
 which nothing but Omniscience can fathom. — C. Reade. 
 
 Lying is like trying to hide in a fog. — If you move about you are 
 in danger of bumping your head against the truth — And as soon as 
 the fog blows away you are gone anyhow. 
 
 Truth is always consistent with itself, and needs nothing to help 
 it out; it is always near at hand, sits upon our lips, and is ready to 
 drop out before we are aware; a lie is troublesome, and sets a man's 
 invention upon the rack, and one trick needs a great many more to 
 make it good. It is like building upon a false foundation, which 
 continually stands in need of props, to shore it up, and proves at last 
 more chargeable than to have raised a substantial building at first 
 upon a true and solid foundation. — Addison. 
 
 Nothing is rarer than a solitary lie; for lies breed like toads; you 
 cannot tell one but out it comes with a hundred young ones on its 
 back. — IVashington Allston. 
 
 Let falsehood be a stranger to thy lips; shame on the policy that 
 first began to tamper with the heart to hide its thoughts; and doubly 
 shame on that unrighteous tongue that sold its honesty, and told a 
 lie! — Havard. 
 
 A real man cowers not to might when supported by the right, nor 
 belongs to that pitiable class of people whose only inquiry is : "Which 
 will be the winning side, and where, oh where, is the political band 
 wagon?" — The Author. 
 
 He raves; his words are loose as heaps of sand, and scattered wide 
 from sense. — So high he's mounted on his airy throne, that now the 
 wind has got into his head, and turns his brains to frenzy. — Dryden. 
 
 A brave man knows no malice; but forgets, in peace, the injuries 
 of war, and gives his direst foe a friend's embrace. — Cowper. 
 
 A man in the right, with God on his side, is in the majority though 
 he be alone. — H. fV. Beecher. 
 
 Malice sucks up the greater part of her own venom, and poisons 
 herself. — Montaigne. 
 
The Political Life-Story of a Fallen Idol 657 
 
 A distressing number of private citizens, having nothing to lose 
 except the integrity of their convictions, are, nevertheless, political 
 cowards of a dangerous order. — The Author. 
 
 The man who is deserving the name is the one whose thoughts 
 and exertions are for others rather than for himself. — JValter Scott. 
 
 When faith is lost, and honor dies, the man is dead. — JVhittier. 
 
 The measure of a master is his success in bringing all men round 
 to his opinion twenty years later. — Emerson. 
 
 Selfish men may possess the earth; it is the meek only who inherit 
 it from the Heavenly Father, free from all defilements and perplexi- 
 ties of unrighteousness. — IVoolman. 
 
 There are people afraid to entertain an independent thought lest 
 they ofifend some far-off political demigod, and such people deserve 
 not to participate in the afifairs of a self-governing people; neither 
 possess they that spirit of heroic patriotism that should animate the 
 conduct of free men, fashioned after the image of divinity. — The 
 Author. 
 
 The mind grows narrow in proportion as the soul grows corrupt. 
 — Rosseau. 
 
 Votes should be weighed, not counted. — Schiller. 
 
 Any man may make a mistake, but none but a fool will continue 
 in it. — Cicero. 
 
 It is only an error in judgment to make a mistake, but it shows 
 infirmity of character to adhere to it when discovered. — Bovee. 
 
 No persons are more frequently wrong, than those who will not 
 admit they are wrong. — Rochefoucauld. 
 
 The difiference between politics and patriotism is the difference 
 between graft and statesmanship. — The Author. 
 
 Moderation is the silken string running through the pearl-chain 
 of all virtues. — Bp. Hall. 
 
658 Senator J. W. Bailey of Texas Umnaskcd 
 
 CHAPTER XXVIII. 
 CHARGES REFUSED AND EVIDENCE SUPPRESSED. 
 
 Not speaking of the many times, during the proceedings of the 
 so-called Investigation Committee of 1907, that they refused to admit 
 testimony damaging to Bailey, the following specific charges were 
 not allowed to be filed, as shown by Com. Rept., pages 623-624. 
 Notwithstanding this fact, Mr. Bailey was afterwards allowed to go 
 into this matter to his heart's content. 
 
 The resolution, the Kennedy substitute, written by Mr. Bailey's 
 friends, if indeed not with his own hands, contained the following: 
 "Said committee shall have the power to administer oaths and com- 
 pel the attendance of witnesses and the production of papers, and 
 shall immediately proceed to thoroughly investigate every charge 
 that may be filed with them against Senator J. W. Bailey; provided, 
 that no charge shall be investigated unless some member of this Leg- 
 islature or other credible citizen of this State shall appear before the 
 said Committee and file with it a written charge or charges setting 
 out that he has good reason to believe that Senator J. W. Bailey has 
 been guilty of some conduct, naming the same, iv/iic/i, in the opinion 
 of such person tends to disqualify him or render him unfit to repre- 
 sent the people of Texas in the United States Senate." 
 
 From the above it will be seen that it was the Committee's duty 
 to investigate "any conduct which in the opinion of the person mak- 
 ing the same tends to disqualify or render him unfit to represent the 
 people of Texas in the United States Senate." This absolutely left 
 no discretion with the Committee. The writer did not prepare the 
 charges refused until he had personally talked with Mr. Green and 
 had him present in the Committee room at the time the charges were 
 ofifered, pointing him out to the Committee and calling their attention 
 to the fact that he was a responsible citizen and credible witness 
 and a reputable business man of Dallas, Texas. The charges which 
 the Committee refused to entertain and to allow Mr. Green to tes- 
 tify concerning were not only admissible as showing Mr. Bailey's 
 utter untrustworthiness, but unquestionably admissible to show his 
 insolvency at the time he entered the Senate. The charges in ques- 
 tion were as follows: 
 
 "Comes now Wm. A. Cocke, a member of the 30th House of Rep- 
 resentatives, Texas Legislature, and, upon information and belief, 
 files the following supplemental charges and allegations against J. 
 W. Bailey, to-wit: 
 
 Forty-third : That, while the said J. W. Bailey was a member of 
 Congress, he sold to A. A. Green, Jr., at that time a resident of Tar- 
 rant County, Texas, a certain lot or parcel of ground, situated in the 
 
HON. E. C. GAINES, 
 Comanche, Texas. 
 
 "I cannot escape the conviction that he is a traitor to his country, who 
 has betrayed his people into the hands of a commercial pirate for gold. 
 Left to my own sentiments, I would gladly defy all his minions of infamy 
 and vote against him, * * * * ^ moral leper as I believe Bailey is. 
 * * Having discharged 'with scrupulous fidelity' mv promise to 
 my people, I desire to take mv place for the future among those who 
 despise and defy him."— .1/r. Giiuics to the 30th Texas Legislature. 
 
660 Senator J. IV. Bailey of Texas Unmasked 
 
 MR. GREEN MAKES OATH TO THE FACTS. 
 
 When the proponent of the charges was trying to get Mr. Green's 
 testimony before the Committee (page 623) the following proceed- 
 ings were had: 
 
 Mr. Odell — We object to the nature of any private transaction 
 between this witness and Senator Bailey. 
 
 The Chairman — / sustain this objection. 
 
 Mr. Cocke — May I inquire, Mr. Chairman, if the same objection 
 will be sustained to Senator Bailey testifying with reference to any 
 matters heretofore testified to with reference to this witness' business 
 with him? 
 
 The Chairman — I will rule on that, Mr. Cocke, whenever it 
 comes up. That is a question that is not before the Committee and I 
 will not rule in advance on any proposition. 
 
 Mr. Cocke — I want to appeal from the ruling of the Chair un- 
 less I am given the assurance. 
 
 Of course, the Chairman was sustained, and Mr. Bailey, when 
 the time came for him to testify, did not submit to a rigid cross ex- 
 amination, but denounced all the charges as "infamous lies," and was 
 allowed to testify freely about this Green transaction. 
 
 In a day or two thereafter the proponent of the charges received 
 the following letter from Mr. Green: 
 
 "Dallas, February 22nd, 1907. 
 Hon. W. A. Cocke, Member of the Legislature, Austin, Texas. 
 
 My Dear Sir: — I have read the morning Dallas News, contain- 
 ing what purports to be Bailey's version of his transaction with me 
 in regard to the Gainesville property. If Bailey is correctly reported, 
 I desire to emphatically deny the truth of his testimony, and protest 
 against the injustice of his being permitted to put such statements in 
 the record while I am denied the right to tell the truth about it. I 
 am willing to come before the committee at any time to state the actual 
 facts. His statement that he told me about this mortgage at the time 
 of selling the property to me is absolutely untrue. He not only repre- 
 sented to me that the property was free from encumbrance, save a 
 vendor's lien note of $1,000, which his deed to me specified and that 
 I assumed and paid, but stated that he would hunt up the abstract of 
 title and forward to me. After repeatedly writing and asking for 
 this abstract, I wrote to the abstractors in Gainesville, Messrs. W. W. 
 Howeth & Bro., and had them make up an abstract and send to me 
 at my expense, and upon receipt of this abstract from them, accom- 
 panied by a letter calling my attention to the mortgage, I immedi- 
 ately wrote them asking if there was not a mistake, and in that letter 
 stated that Mr. Bailey had positively represented the property to me 
 as free from encumbrance except as above stated. I have understood 
 that Bailey was in Gainesville when judgment was rendered against 
 him on the facts alleged in my petition. If those facts were in any 
 
The Political Life-Story of a Fallen Idol 661 
 
 wise untrue, why didn't Bailey go into Court House and deny them. 
 He did not do so, and the judgment rendered was an agreed one. 
 
 Bailey's statement that I became the owner ot this whole prop- 
 erty after it had been foreclosed by the mortgage company, and then 
 sued him on his warranty is true only in the respect that 1 sued him. 
 I have never owned one foot of the property since dispossessed by 
 the Mortgage Company, and the records of Cooke county will bear 
 me out in this statement. 
 
 I await your further advises. 
 
 Yours very truly, 
 A. A. Green, Jr. 
 
 P. S. After reading this morning's papers and testimony as pub- 
 lished therein, have concluded the proper course for me in the prem- 
 ises, is to complete, sign and acknowledge my affidavit of the facts of 
 my transaction with Bailey. Herewith I hand same to you to do with 
 as you deem proper. A. A. G. 
 
 The affidavit to which Mr. Green refers was duly executed and 
 forwarded to the proponent of the charges. The original of which 
 is now in his possession and is in words and figures as follows: 
 
 STATE OF TEXAS, 
 COUNTY OF DALLAS. 
 
 AFFIDAVIT IN RE SENATORIAL INVESTIGATION. 
 
 Before the undersigned authority on this day personally appeared 
 A. A. Green, Jr., of Dallas County, Texas, to me well known, who 
 after being by me duly sworn, upon oath deposes and says: 
 
 First. That from the years 1880 to 1889 affiant lived with his 
 family in Gainesville, Cooke County, Texas; that about the year 
 1885, J. W. Bailey came to Gainesville, Texas, to reside, and visited 
 the home of the affiant as a friend, as a neighbor, and as a fellow Mis- 
 sissippian; that the said J. W. Bailey thus secured the confidence and 
 esteem, both socially and financially, of affiant and his family. 
 
 Second: That about the year 1889 affiant moved to Fort Worth, 
 Texas, and engaged in business there. 
 
 Third : That about the ijth day of March, 1890, affiant happened 
 to be visiting in Gainesville, Texas, and fell into conversation with 
 the said J. W. Bailey, who took occasion to compliment affiant on va- 
 rious business matters, and to renew their long standing friendship; 
 that during the same interview, the said Bailey advised affiant that he 
 was in need of money and persuaded affiant to buy a certain lot of 
 land in the town of Gainesville from the said Bailey, upon which the 
 said Bailey represented there was due only the sum of $1,000.00, as 
 represented by a vendor's lien note; that the proposed purchase price 
 was twenty-five hundred dollars ($2,c;oo.oo) ; that affiant told the 
 said Bailey he was not in the money lending business and personally 
 did not have that much cash available; that the said Bailey impor- 
 
662 Senator J. W. Bailey of Texas Unmasked 
 
 tuned affiant to assume the one thousand dollars ($1,000.00) due 
 upon this property, pay the said Bailey what cash he had available, 
 and execute to the said Bailey the promissory note of the affiant, 
 which note the said Bailey proposed to discount. 
 
 Fourth: That as an accommodation to his friend Bailey, affiant 
 consented to such an arrangement, and thereupon asked the said Bai- 
 ley for an abstract of the title; that the said Bailey stated that he had 
 mislaid the abstract, but would find it and send it to affiant later; that 
 the said Bailey also stated positively that the title was perfect and 
 free of all encumbrancees save the one thousand dollars ($1,000.00) 
 vendor's lien above mentioned, and insisted that he had examined the 
 title, and reminded the affiant that if he had an abstract he would 
 turn it over to the said Bailey as his attorney, for examination; that 
 affiant relied implicitly upon the said Bailey and his supposed integ- 
 rity; that, some time thereafter, affiant wrote the said Bailey, remind- 
 ing him of this promise to forward the abstract and requested him to 
 do so; that the said Bailey ignored that request, as well as a second 
 and other requests to the same effect. 
 
 Fifth: That affiant thereupon ordered from Messrs. W. W. 
 Howeth & Brother, of Gainesville, Texas, an abstract made, and on 
 receipt of same was chagrined, abashed and astounded to find that 
 there was a heavy mortgage resting upon the property undisclosed 
 to affiant by said Bailey; that affiant thereupon called upon said Bai- 
 ley and remonstrated with him; that the said Bailey knew of the ex- 
 istence of the mortgage at the time of sale, and now promised to have 
 it immediately settled and released as to the particular property in 
 question. With every confidence that Bailey would do so, and rely- 
 ing implicitly on his statements that he would make everything satis- 
 factory to affiant and not only have this piece of property released by 
 the Mortgage Company and title secured to this affiant, but also the 
 adjoining vacant lot of 2^ feet by 100 feet released and title cleared, 
 and relying on his statements, affiant bought this lot from the said 
 Bailey and Bailey executed warranty deed for same, and affiant paid 
 for said lot as per warranty deed of Bailey to affiant, dated November 
 4th, 1890; that after long delay the said Bailey wholly failed in said 
 promises; that the mortgagee thereupon foreclosed and ultimately 
 deprived affiant of all vestige of claim to the property, notwithstand- 
 ing affiant had in the meantime paid the vendor's lien note and com- 
 pleted the payments as provided for in said warranty deed of the said 
 Bailey. 
 
 Sixth: That affiant was forced to sue the said Bailey and recover 
 judgment for his money upon the fraud in question; that he did so 
 and acquired a judgment against the said Bailey for the sum of three 
 thousand seven hundred and ten dollars ($3,710.00), besides interest 
 and costs of suit; that the fraud of the said Bailey was charged and 
 exposed in the petition filed in the suit; that the attorney for the said 
 Bailey requested the attorney for the affiant to agree to a judgment 
 for the full amount claimed upon the condition that the judgment 
 
The Political Life-Story of a Fallen Idol 663 
 
 should recite that there was no proof of the misrepresentation ofifered, 
 notwithstanding the misrepresentation in fact existed; that such a 
 decree was entered on the 12th day of June, 1893, for the sum of 
 thirty-seven hundred and ten dollars ($3,710.00), besides the interest 
 and costs. 
 
 Seventh: That from the rendition of the judgment in 1893 ^^ 
 the year 1898 affiant was unable to collect said judgment either in 
 Texas or in Kentucky, in which latter state the judgment was estab- 
 lished and sought to be enforced against certain horses alleged to be- 
 long to the said Bailey, but which were in fact claimed to be the prop- 
 erty of one Jot. Gunter. 
 
 Eighth: That negotiations were had from time to time looking 
 to the compromise of said judgment against said Bailey, notwith- 
 standing it was for money secured under the guise of friendship and 
 under the circumstances above set out; that on the 12th day of Feb- 
 ruary, 1898, said Bailey wrote affiant a letter offering to settle the 
 judgment, which at that time aggregated about five thousand dollars 
 ($5,000.00) for the sum of one thousand dollars ($1,000.00), which 
 letter is as follows : 
 
 "House of Representatives, U. S., 
 Washington, D. C, February 12, 1898. 
 Mr. A. A. Green, Gainesville, Texas. 
 
 My Dear Sir: — I am negotiating a transaction which I initiated 
 in the hope of getting some money to pay you. It has not turned out 
 as well as I expected, but I can get $1,000.00 out of it within the 
 next sixty days, though by holding on two or three years I may get 
 three times that much. I know you need the money, or rather you 
 did need it when I left home, and as I cannot raise it any other way, 
 I have determined to close this matter up if you will take the $1,000 
 and release me from the judgment. In addition to the $1,000 cash I 
 will give you two mares which are highly bred. If this is acceptable 
 to you, let me hear from you at once. Your friend, 
 
 J. W. Bailey." 
 
 Ninth; That during the progress of these negotiations the said 
 Bailey sent affiant eleven telegrams about this personal business trans- 
 action, ten of which were marked "deadhead;" that the negotiations 
 looking to a compromise finally resulted in affiant agreeing to accept 
 fifteen hundred dollars ($1,^00.00) in cash and two highly bred 
 mares claimed by said Bailey to be worth from one thousand 
 ($1,000.00) to fifteen hundred dollars ($1,500.00) each; that affiant 
 accepted said proposition on the conditions stated, and finally re- 
 ceived fifteen hundred dollars ($1,500.00) in cash; that affiant after- 
 wards wrote to a friend in Gainesville, Texas, to receive the mares in 
 question and when said friend went out to receive the mares, wrote 
 affiant that he had refused to accept them as they were absolutely 
 worthless ; that one of the mares was very old, and the other so vicious 
 as to render her of no account, both of them "wild and woolly;" 
 
664 Senator J. IV. Bailey of Texas Unmasked 
 
 that in his opinion I would be unable to sell them for anything, and 
 that he thought if I had to accept them, the best thing for me to do 
 would be to give them to some one against whom I had a grudge ; that 
 affiant refused, therefore, to accept the scrub mares in lieu of the 
 highly bred valuable animals that the said Bailey had fraudulently 
 represented them to be. 
 
 Tenth: That there is still due and unpaid on the judgment in 
 question the sum of about sixty-five hundred dollars ($6,500.00) ; 
 that these monetary dealings between said J. W. Bailey and affiant oc- 
 curred while the said Bailey was a member of Congress, and have 
 continued to this day, and yet remain unsettled and unsatisfied. 
 
 Eleventh: That during the year 1894, when the said Bailey was 
 making an address at Whitesboro, Texas, in behalf of his then can- 
 didacy for Congress against one Browder, who openly charged the 
 said Bailey with having defrauded affiant in the premises above set 
 forth, the said Bailey sent a telegram to affiant in substance request- 
 ing affiant to wire the said Bailey that affiant's judgment against Bai- 
 ley had been paid in full, notwithstanding the fact that this was not 
 true, nothing having been paid on account of same; that the said tele- 
 gram was received in the absence of affiant from his office and was 
 opened by his bookkeeper and assistant bookkeeper, both of whom 
 read the same, and upon the return of affiant to town some days after- 
 wards, the said telegram was delivered to affiant by his bookkeeper, 
 and was by affiant forwarded to his attorneys in Gainesville, Texas; 
 hence these witnesses can bear testimony to the receipt of the telegram 
 as stated above, and the contents of same. 
 
 Twelfth: That affiant has intended and still intends to sue the 
 said J. W. Bailey for the balance due affiant on the judgment, but 
 has refrained from doing so, during the last few months upon the ad- 
 vice and request of affiant's attorney, Mr. W. O. Davis, of Gaines- 
 ville, Texas, lest such suit might be charged by the said Bailey to be 
 for his political persecution at a critical time in his political career. 
 
 Thirteenth: That on or about the 6th day of February, 1907, 
 affiant came to Austin, Texas, in response to an attachment by the In- 
 vestigation Committee of the House of Representatives, 30th Texas 
 Legislature, and was present at a meeting of the said Committee, 
 ready, willing and able to substantiate under oath the facts and cir- 
 cumstances hereinbefore set out, but that said Committee, in presence 
 of affiant, refused to allow Wm. A. Cocke, to file charges involving 
 these matters, notwithstanding as affiant is informed and believes, 
 said charges fully complied with the resolution under which said 
 Committee was acting. 
 
 Further deponent saith not. 
 
 A. A. Green, Jr. 
 
 Sworn to and subscribed before me, this the 19th day of February 
 A. D., 1907. Arthur Emery, 
 
 Notary Public, Dallas Co., Texas. 
 
The Political Life-Story of a Fallen Idol 665 
 
 IS PLAYING "HORSE" WITH INVESTIGATION COMMITTEE. 
 Houston Chronicle: 
 
 Austin, Texas, Feb. i.l-— By the evidence of J. D. Johnson, as 
 the record shows, it was stated that Pierce would come to Austin, de- 
 spite the indictment against him, at the request of Senator Bailey, and 
 at any rate would meet a sub-committee in St. Louis to testify. Now 
 members of the committee assert that the president of the subsidiary 
 trust company is "daddling" and "playing horse" with the Texas Leg- 
 islature. The method of evasion pursued has been made the subject 
 for inquiry. A statement with qualifications had been received from 
 the trust magnate, of whom it was said he would bow to the wishes of 
 Senator Bailey, to the efifect that he would perhaps be in St. Louis 
 February 15. 
 
 TELEGRAM FROM JOHNSON. 
 
 Today the following message was received from J. D. Johnson 
 about the matter: 
 
 H. A. O'Neal, Chairman Legislative Committee, Austin, Texas. 
 
 St. Louis, Mo., February 12. — Your telegram of today received. 
 Mr. Fierce has not said definitely whether he would be here Friday 
 but am satisfied from telegram received from him yesterday that be- 
 cause of important railroad matters requiring his immediate personal 
 attention in New York it would be impossible for him to get here 
 next week. The other witnesses and books will start for Austin this 
 morning, to arrive Thursday evening. I will endeavor to arrange 
 for Mr. Pierce to meet the committee at a later date which will suit 
 the convenience of both. J. D. JOHNSON. 
 
 The members of the committee are still in the air. The allegation 
 that some one is playing fast and loose with the body has been openly 
 made. Judge Green had attacked the method by which the books 
 and witnesses were to be brought South, in direct violation of his 
 interpretation of the understanding. The "understanding" being that 
 Pierce, the books and other witnesses would all be examined in St. 
 Louis. Judge Wolfe has admitted that he never believed Pierce 
 would be in St. Louis on the date specified. 
 
 THE COMMITTEE REPLIES. 
 
 At the conclusion of the meeting the following positive message 
 was sent to J. D. Johnson, to be repeated to H. C. Pierce: 
 
 /. D. Johnson, St. Louis, Mo. 
 
 Must we understand your telegram that Pierce will not be in St. 
 Louis fifteenth? If so, arrange at once a definite date when Pierce 
 will certainly meet sub-committee in St. Louis. If he does not intend 
 to meet committee, say so. Answer immediately. Have wired Pierce. 
 
 (Signed) O'NEAL, Chairman. 
 
666 Senator J. IV. Bailey of Texas Unmasked 
 
 J. P. Gruet, Sr., and J. P. Gruet, Jr., have been notified to im- 
 mediately return to Austin to be present at the investigation of the 
 boolcs. The most drastic means have been suggested if necessary to se- 
 cure the testimony of the elusive Pierce. 
 
 In the course of the morning session it had been moved to com- 
 municate with Pierce to find out when he would meet the committee. 
 Senator Senter said a continual hoiving to the convenience of H. C. 
 Pierce reflected upon tfie dignity of the Texas legislature. He sug- 
 gested a telegram to Pierce fixing the time convenient to the commit- 
 tee, and then if he does not appear, take steps to compel him to do so. 
 He declared further that Pierce and Johnson were "daddling" with 
 the committee. 
 
 MAY GO AFTER PIERCE. 
 
 Senator Skinner suggested a trip to New York in the event Pierce 
 did not come to St. Louis. He considered the evidence of vital im- 
 portance. Judge Jen/iins declared that Johnson fiad either intention- 
 ally or unintentionally misled the committee about Pierce meeting 
 committee in St. Louis. 
 
 Ex-Senator Hanger declared that counsel for Senator Bailey had 
 not been trifling with the committee, and recalled a Statement made 
 by him Saturday in which he announced that the witnesses, Finlay 
 and Hutchinson, together with the books, had been called to Austin 
 and no protest had been raised. Then Jones added to the statement 
 made by Ex-Senator Hanger. He insisted upon the Gruets being 
 brought back and declared that he wanted every possible witness, 
 from New York to California. Judge Wolfe suggested that the 
 members of the sub-committee wanted to see the books before inter- 
 rogating Pierce. [This shows that Wolfe entered into the plan 
 with Johnson and Bailey's lawyers to keep Pierce away from the 
 Committee.] 
 
 T. H. McGregor said he believed Johnson would be responsible 
 for what Pierce is going to do. "I thinfi Johnson is playing horse 
 with the committee," he declared. "He swore full and fair that 
 Pierce would testify. I don't propose to be lulled into a sense of se- 
 curity by Johnson. We don't propose to permit Pierce to roll into 
 St. Louis and then get out again because we are not there. I've lost 
 confidence in that man Johnson." He wanted to know something 
 definite about what Pierce was going to do, and thought Pierce would 
 act altogether on advice of his counsel. At the concusion of the ora- 
 tory the telegrams as above mentioned were written for transmission. 
 
 COCKE KEEPS RECORD STRAIGHT. 
 
 During the session W. A. Cocke rose to a point of personal privi- 
 lege. He said that it had been reported that Bailey had called him a 
 liar, when as a matter of fact the statement repeated by Cocke as to 
 what he intended to prove had been declared false. Mr. Cocke said 
 he did not accept responsibility for what was reported to him, and 
 
The Political Life-Story of a Fallen Idol 667 
 
 believed that it was so considered. Bailey had denounced as a lie the 
 statement that had reached Cocke, and not the statement of Mr. 
 Cocke. Senator Hanger, for Senator Bailey, conceded the distinc- 
 tion. — Houston Chronicle, February 14, 1907. 
 
 The following comical writeup of the Suppression Committee 
 was' first published in the Austin Tribune. It is the product of a num- 
 ber of the newspaper reporters who attended the meetings of the 
 Suppression Committee and who were in the best possible position to 
 judge and speak of its farcical performances: 
 
 COMING! COMING! 
 
 Positively Farewell Tour 
 JOS. W. BAILEY. 
 
 Plays Syndicate Houses Only. 
 
 Greater, Grander and Gorgeouser Than Ever. Refuses 
 to Appear Under Canvas. 
 
 W. A. COCKE, Ringmaster. 
 
 Thousands of Mystifying Drafts and Checks — Thousands 
 — Count 'em — Thousands. 
 
 40 — Prancing Stallions, Ownership Unknown — 40 
 Grand Sweep of Charging Bulls. 
 
 Bailey Positively Appears at Each and Every Performance in Death 
 Defying, Daredevil Legerdemain, Exploiting Won- 
 derful Agility as Draft Drawer and Check Kiter. 
 
 Marvellous Note Executor, Insult Swallower and Lie Repeller. 
 
 Bailey Executes Marvelous Acts of Riding Wild 
 
 Stallions in Opposite Directions. 
 
 Moving Pictures of Blue Grass Country, Stock Farms, Stud Horses, 
 Race Track Scenes, Etc. 
 
 Appalling Juggling Scene — Waters-Pierce and Standard 
 Oil Siamese Twin Act— No Fake. 
 
 David R. Francis, Equilibrist, Balancing Joseph W. Bailey on His 
 Books — Positively World Unequaled. 
 
 H. A. O'Neal, Recitationist, in the Mournful Ballad: "Bailey's Foes. 
 Were Spawned in Hell." Tear Compelling. 
 
668 Senator J. W. Bailey of Texas Unmasked 
 
 Positively Unrivaled— Thrilling Mid-Air Scene. Three Acrobats 
 
 — Hanger — Odell — Jones — Changing Positions While in 
 
 Mid-Air. World Holds no Peer. 
 
 LEGISLATIVE MINSTREL DUO 
 
 In Great Black Face Passion Scene, Looney and Cobbs. 
 
 "Bailey is as Pure as the Driven Snow." Set to 
 Music by Wolfe and Patton. 
 
 Awe-inspiring Solution of Solving a Mystery. X-Ray Development 
 
 in Full View of the Audience, Bringing to Light 
 
 the $i,';oo Sight Draft. 
 
 Oriental Scene, Disclosing the Cloth of Gold, Showing 
 
 PIERCE, YOAKUM and KIRBY 
 
 Kings of Finance. 
 
 Greatest Menagerie on Earth, 
 
 Living Hyenas, Populists, 
 
 Dogs and Scoundrels. 
 
 Admission — Politicians 2^ cents. Ladies, Farmers and Preachers 
 
 Free. 
 
 LEMON. — Every Statesman Gets One as a Souvenir— LEMON. 
 
 WHAT ONE MAN SAW AT AUSTIN. 
 
 Houston Chronicle: 
 
 Mr. Frank Putnam, formerly editor of the National Magazine, 
 has been in Texas for the past three weeks getting material for a se- 
 ries of industrial articles regarding the four large cities in the state, 
 to be published in the New England Magazine. His impressions 
 have been altogether favorable and his series of articles will undoubt- 
 edly be of great value to Texas. 
 
 Mr. Putnam is not here to write anything of a political nature, 
 but while in Austin last Monday he attended the morning and after- 
 noon sessions of the Bailey Investigating Committee. As an outsider 
 — a man who is naturally supposed to have viewed everything from 
 an unprejudiced standpoint, and representing no paper or no special 
 interest on this particular matter, his views may be of interest, both to 
 the committee and the people. They are given in a signed article, as 
 follows: 
 
The Political Life-Story of a Fallen Idol 669 
 
 WHAT I SAW AT AUSTIN. 
 
 Senator Bailey has practically conducted in person the alleged 
 legislative "investigation" of the charges brought against him in his 
 recent campaign for re-election. Simmered down to a phrase, the 
 charges presented under thirty odd headings amount to this: That 
 Senator Bailey, covering his operations under a cloud of indirections 
 and evasions, sold out his first client, the state of Te.xas, to his second 
 client, the Waters-Pierce Oil Company, alias the Standard Oil Com- 
 pany. And there is a mass of evidence tending to show that he did 
 precisely this. 
 
 But the legislative "investigation" has been farcical, and was in- 
 tended to be so. The Bailey machine, or that part of the democratic 
 machine it represents, having procured the senator's re-election, by 
 that act made the legislature surety for his conduct, past and future, 
 and made it impossible for that body to censure him without equally 
 censuring itself. 
 
 The House and Senate "investigating" committees — each of seven 
 members — sit jointly in the supreme court chamber at the state house 
 in Austin. The House committee has charge of the inquiry and Rep- 
 resentative O'Neal is chairman. 
 
 Representative W. A. Cocke of Bexar county, who formulated 
 the charges against Senator Bailey, alone conducts the prosecution. 
 Certain eminent volunteer counselors who started the work with Mr. 
 Cooke evidently perceived that the committee had been packed to 
 acquit, and withdrew. Mr. Cocke asked leave to get other assistants, 
 but on an objection by Senator Bailey that the men selected by Mr. 
 Cocke were distasteful to him, so much so that he would refuse to be 
 questioned by them, the committee refused to alloiv Mr. Cocke to 
 bring them in. Arrayed against the lone prosecutor are the following 
 forces working for Senator Bailey: 
 
 1. Senator Joseph Weldon Bailey. 
 
 2. Chairman O'Neal. 
 
 3. The Senator's three able attorneys. 
 
 4. A committee majority apparently pre-determined to report 
 that the charges had not been sustained. 
 
 Senator Bailey, present at every session of the committee, fre- 
 quently prompts his counsel and glares ferociously or stares inso- 
 lently or sneers contemptuously or declaims violently, as his humor 
 prompts, at those witnesses whose testimony fails to please him. This 
 is no fancy picture painted by prejudice, but a calm statement of facts, 
 which I personally witnessed in part and in part have from competent 
 observers. Senator Bailey has repeatedly violated the rights of the 
 witness and the code of common decency by hurling "liar" or other 
 epithets at the occupant of the witness chair. For these gross out- 
 rages the senator has not been punished. The committee seems to do 
 his whispered or unspoken bidding. The four or five members who 
 do not act with the machine are powerless to reform the committee's 
 methods. 
 
670 Senator J. W. Bailey of Texas Unmasked 
 
 Chairman O'Neal is a stubborn country squire with a firm con- 
 viction that Joe Bailey's enemies were all "spawned in hell" — to 
 quote a moderate phrase from this shy Texas campaign — and who 
 does not intend that any of them shall have a minute's countenance 
 from him or of comfort in his court if he can prevent it. And he can. 
 
 The prosecutor's exquisite courtesy, tipped at times with an irony 
 so subtle that it passes over its intended victim, and again penetrates 
 and is felt like a poisoned arrow, is in shining contrast with the swag- 
 gering, burly and aggressive demeanor of the defendant and some of 
 his allies in the joint committee. 
 
 It goes without saying that the committee will report back to their 
 respective chambers exonerating Senator Bailey. There will be mi- 
 nority reports and resolutions censuring the senator and calling upon 
 him to resign will be offered and fought over on the floor. Mr. Cocke, 
 prosecutor, hopes that many members who voted for Bailey's re-elec- 
 tion, so obeying their primary instructions, will express their individ- 
 ual sentiments by demanding his resignation when the resolutions of 
 censure alTord them opportunity. 
 
 This result seems to me unlikely. It is not to be expected that the 
 majority in either House, having voted to re-elect Senator Bailey in 
 the face of the gravest charges ever brought against a Texas Senator, 
 will now expressly condemn their own act, no matter how dantning 
 the evidence may be — and it is already so bad that a large majority of 
 the Texas democratic newspapers are convinced that the Senator is 
 an unfaithful public servant, who ought to resign. 
 
 It is possible the Legislature may adopt resolutions directing the 
 State's Federal Senators hereafter to give all their time to their pub- 
 lic service, or, at any rate, forbidding them to practice law for cor- 
 porations, or to peddle stock on commission. This will, of course, be 
 something like locking the door after the horse has been stolen, but 
 it is the best consolation in sight of the democrats of Texas. 
 
 Frank Putnam. 
 
 cocke protests against closing of the inquiry. 
 
 Austin, Texas, Feb. 19 (Houston Chronicle, Feb. 20), 1907. 
 
 The following protest against the closing of the Bailey investiga- 
 tion has been prepared by W. A. Cocke. Unexplored lines of in- 
 quiry are set forth. The statement was produced and exhibited in 
 the committee room, but not filed at this time: 
 
 As the postponement of the charges under investigation and on 
 behalf of the people of Texas, whom I have the honor to represent, 
 and for whom I presume to speak, in this matter, I most earnestly 
 protest against a conclusion of this investigation at its present incom- 
 plete stage. Mr. Bailey in addressing the Legislature recently said 
 that he had not started this investigation and that he "would be the 
 last to call it ofT." 
 
 The necessity exists of your sub-committee making further inves- 
 tigation by visiting the following named points, for the purposes men- 
 tioned, to-wit: 
 
The Political Life-Story of a Fallen Idol 671 
 
 1. To St. Louis for the purpose of examining further into the 
 books and voucher records of the Waters-Pierce Oil Company, it be- 
 ing shown by Auditor Hutchinson that only a part of the books of the 
 company were brought here and none of the vouchers which will dis- 
 close in detail monetary transactions thought to be pertinent to this 
 investigation, in proof of the conspiracy and fraud charged in con- 
 nection with the re-admission of the Waters-Pierce Oil Company to 
 Texas in 1900, and the defeat of legislation adverse to the company 
 before the Legislature of 1901. The sub-committee should also trace 
 at St. Louis the several drafts in question, especially the $1,500 draft 
 of June 13, 1900, the $8,000 transaction of March i, 1901, and the 
 $1,750 draft of June 12, 1901, also the alleged $4,800 check referred 
 to by Governor Francis. 
 
 The following St. Louis witnesses ought to be examined : C. F. 
 Hatfield, Charles B. Collins, former secretary to H. C. Pierce, W. 
 H. Clancy, J. C. Van Blarcom and James Campbell, the latter being 
 an addition to the St. Louis witnesses previously furnished. Also to 
 examine Captain Flatau and his letter. 
 
 2. To Nashville, Tenn., with reference to the Tennessee Con- 
 struction Company and the Tennessee Railway Company employ- 
 ment; the conduct and disposition of said properties. Your inforrn- 
 ant is advised that these properties were disposed of to certain rail- 
 way interests through senatorial influence, and the truth or falsity of 
 this alleged fact should be ascertained. In this connection your in- 
 formant is advised that ex-Governor Bob Taylor of Tennessee, now a 
 United States Senator from that State, would be a valuable witness. 
 
 3. To Washington, D. C, for a careful examination of the rec- 
 ord of the Riggs National Bank, as disclosing Mr. Bailey's financial 
 transactions there, especially those participated in by H. C. Pierce as 
 intimated in the testimony of John H. Kirby with reference to the 
 $156,000 and the $153,000 loans from Pierce to Bailey; also an ex- 
 amination of the departmental records covering the last sixteen years 
 and showing Mr. Bailey's appearance before the departments having 
 special reference to his appearance there as involved in the several 
 supplemental charges with your committee filed, but which charges 
 have been only very slightly investigated, although it is already in 
 evidence that Mr. Bailey had some financial transaction with the ben- 
 eficiaries of his efiforts in each of the supplemental charges referred 
 to, by way of drafts drawn, endorsed, loans made, or partnerships 
 entered into, etc. 
 
 4. To New York city for an examination of Pat Calhoun, whose 
 testimony is regarded as very material with reference to the Kirby 
 Lumber Company and Houston Oil Company stock manipulation 
 referred to in John H. Kirby's testimony; for an examination of John 
 W. Gates with reference to legislation pending before Congress in 
 which he was interested and his monetary dealings or loans to J. W. 
 Bailey; for an examination of S. G. Bayne of the Security Oil Com- 
 pany and its Standard Oil Company connections; also for an exami- 
 
672 Senator J. IV. Bailey of Texas Unmasked 
 
 nation ol Messrs. Archbold, Rogers and other Standard Oil mag- 
 nates; also for the purpose of examination of H. H. Stein, C. W. 
 Norman, W. H. Tilford, and Wade Hampton of 26 Broadway; also 
 for an examination of the register of the Waldorf-Astoria and possi- 
 bly other hotel registers in New York city, showing the frequency 
 and duration of Mr. Bailey's visits to New York city and his conse- 
 quent absence from his official duties in Washington. 
 
 5. To Ardmore, I. T., and Oklahoma City, Okla., on the sub- 
 committee's return to Texas for the purpose of taking the testimony 
 of Mr. Don Lacey, bank president, and Mrs. J. W. Phillips, whose 
 testimony is regarded as material in support of charge No. 40. (Fed- 
 eral clerkship charge.) 
 
 6. To Bonham, Texas, for an inspection ot the bank records 
 there in support of charge No. i (United States government mule 
 and horse contract). It is believed that other material testimony can 
 be secured at Bonham, Texas, but about which your informant is not 
 sufficiently advised to enable him to make oath as to the witness. 
 
 7. To San Angelo, Texas, to take the testimony of J. D. Suggs, 
 whose sickness precluded his attendance upon your hearings. His 
 testimony is regarded as material on charge No. 38 (Indian Territory 
 land leases), and also on charge No. 41 (involving the expulsion of 
 stock men from the Kiowa and Comanche reservations). There are 
 also reputable citizens at San Angelo who would testify as to the ad- 
 missions of Cal Suggs, now deceased, concerning the same matters. 
 
 8. To Gainesville, Texas, to look through the bank records there 
 concerning the $i,7c;o draft referred to in Mr. Bailey's letter to H. C. 
 Pierce on March 28, 1901, and also referred to in voucher of June 
 12, 1901, as having been sent to Mr. Bailey at that time on "account 
 of Texas legislation;" also to investieate the Gainesville bank records 
 with reference to the $8,000 transaction with H. C. Pierce of March 
 I, 1901, charged to have been paid to J. W. Bailey to defeat Texas 
 legislation then pending. 
 
 9. To Fort Worth, Texas, to inspect the Western National bank 
 records there on the alleged $118,000 draft, and also a $215,000 draft 
 passing through said bank on July 31, 1906, drawn by J. W. Bailey 
 on John H. Kirby as per the admissions of the latter witness and as 
 per certain data from said bank now in the hands of your informant. 
 
 10. Also to Dallas, Texas, for the examination of the Waters- 
 Pierce Oil Company's manager there and an inspection of the records 
 of his office, which, your informant is advised, will disclose the fact 
 that he received first at the Dallas office of the Waters-Pierce Oil 
 Company his mail from the Southwestern Oil Company, and after- 
 wards instructed the mail carrier to deliver the Southwestern Oil 
 Company's mail to his residence address, as a matter of secrecy from 
 tlie balance of the office force. It is understood that this incident was 
 subsequent to Mr. Bailey's acquisition of the Southwestern Oil Com- 
 pany; also for the examination of L. B. Mitchell at Dallas on the 
 connection between the Southwestern Oil Company and the Waters- 
 
The Political Life-Story of a Fallen Idol 673 
 
 Pierce Oil Company. The name of this witness was furnished your 
 committee in the second list of witnesses some three weeks ago, hut 
 his attendance has not been secured. 
 
 11. Also to Beaumont, Texas, to inquire into the matter of the 
 Security Oil Company, an alleged Standard Oil property, whose 
 charter was prepared by J. W. Bailey, and which concern, your in- 
 formant is advised, has since paid to the said Bailey considerable 
 sums of money. In this connection the attention of your committee 
 is called to the testimony of Banker Williams of the Gulf National 
 Bank of Beaumont, which testimony shows that S. G. Baynes and 
 associates, of New York, are interested in said bank, and that the 
 Security Oil Company does business with said Gulf National Bank 
 at Beaumont, Texas. Your sub-committee should also look into a 
 possible connection between the Gulf Refining Company and the 
 Waters-Pierce Oil Company — as indicated by the fact disclosed by 
 the testimony of Hon. Frank Andrews that one Taliaferro, for many 
 years a Louisiana and Texas manager for the Waters-Pierce Oil Com- 
 pany, then for the Southwestern Oil Company while owned by J. W. 
 Bailey, and then again employed by the Gulf Refining Company. 
 
 12. To Houston, Texas, for the purpose of going through the 
 court records there, by which |. W. Bailey became the owner of the 
 Southwestern Oil Company, and as a result of which its competition 
 with the Waters-Pierce Oil Company seems to have been finally and 
 fully eliminated. 
 
 13. It is believed that nothing short of the above outline of in- 
 vestigation will constitute that full, fair and complete inquiry into 
 these matters to which both the people of Texas and Mr. Bailey are 
 entitled, in an effort to ascertain the truth and do exact justice to the 
 parties in interest. 
 
 Mr. Bailey has said that he would cheerfully submit to a search- 
 ing investigation of any charge that might be filed against him, and 
 that he would be the last to "call ofif such an investigation." 
 
 The expense incident to this investigation is infinitesimal to the 
 people of Texas, as compared to the contribution of 700 per cent, per 
 annum paid by them to the Standard Oil Company trust during the 
 last six years, and it is thought that a "penny wise, pound foolish," 
 course in this matter would be poor economy. 
 
 14. Having performed, as I conceive it, a simple though un- 
 pleasant duty to the people of Texas in the filing of these charges, and 
 having done what I could under the circumstances, to have them 
 fully and impartially investigated, free from any sentiment of anger 
 or enmity on my part, and actuated solely by a desire to perform a 
 patriotic duty, it only remains for me to present these final considera- 
 tions for such course as your committee may pursue. 
 
 Wm. a. Cocke, 
 
 Member of the House, Thirtieth Legislature of Texas. 
 
674 Senator J. W. Bailey of Texas Unmasked 
 
 ANTIDOTES FOR BAILEYISM. 
 
 An egotist will always speak of himself, either in praise or in cen- 
 sure; but a modest man ever shuns making himself the subject of his 
 conversation. — Bruyere. 
 
 The greatest ornament of an illustrious life is modesty and humil- 
 ity. — Napoleon. 
 
 Modest expression is a beautiful setting to the diamond of talent 
 and genius. — E. H. Chapin. 
 
 Money is a handmaiden, if thou knowest how to use it; a mis- 
 tress, if though knowest not. — Horace. 
 
 The grafting politician asks: "What can I get out of this office 
 for myself?" The patriot asks: "What can I put into this office and 
 place of trust in time and talent for the improvement of the public 
 service and the benefit of the people, with whose trust I have been 
 honored and which trust I must faithfully discharge." — The Author. 
 
 Money is a good servant, but a poor master. — D. Bouhours. 
 
 Make money your god, it will plague you like the devil. — Field- 
 ing. 
 
 Mammon is the largest slave-holder in the world. — F. Saunders. 
 
 If you would know the value of money, go and try to borrow 
 some ; for he that goes a-borrowing goes a-sorrowing. — Franklin. 
 
 Money is a bottomless sea, in which honor, conscience, and truth 
 may be drowned. — Kozlay. 
 
 Patriotism, like virtue, is or should be, its own highest reward. 
 Many illustrious patriots have served their day and generation faith- 
 fully and well only to have their motives misconstrued, their eflforts 
 unappreciated, and their labors, like their hopes, buried 'neath the 
 gravestones of forgetfulness. — The Author. 
 
 Mammon has enriched his thousands, and has damned his ten 
 thousands. — Sou th . 
 
 Gold is the fool's curtain, which hides all his defects from the 
 world. — Feltham. 
 
 If I have done any deed worthy of remembrance, that deed will 
 be my monument. — If not, no monument can preserve my memory. — 
 Agesilaus. 
 
The Political Life-Story of a Fallen Idol 675 
 
 He that does good for good's sake, seeks neither praise nor re- 
 ward, but he is sure of both in the end. — Penn. 
 
 Blood, though it sleep a time, yet never dies. — Chapman. 
 
 Some to the fascination of a name surrender judgment hood- 
 winked. — Cowper. 
 
 The wisest philosophy, the soundest morality, the religion of hu- 
 manity, teaches a man to do his duty for the sake of duty and in 
 that way reap the richest reward — a reward that cannot be taken from 
 him by the malice or the envy of those it may have become his duty to 
 oppose or to expose. — The Author. 
 
 In nature things move violently to their place, and calmly in their 
 place. — Bacon. 
 
 I can make a lord, but only the Almighty can make a gentleman. 
 — James I. 
 
 It is not wealth, nor ancestry, but honorable conduct and a noble 
 disposition that makes men great. — Ovid. 
 
 Fame is a vapor; popularity an accident; riches take wings; the 
 only certainty is oblivion. — Horace Greely. 
 
 Obstinacy and heat in argument are surest proofs of folly. Is 
 there anything so stubborn, obstinate, disdainful, contemplative, 
 grave, or serious, as an ass — Montaigne. 
 
 In an ideal state of society, all law state, national, and interna- 
 tional, should have for its highest object the protection of the weak as 
 against the strong, the simple as against the cunning, of the honest, 
 industrious producer of wealth as against the dishonest grafter and 
 idle consumer thereof. — The Author. 
 
 Those who never retract their opinions love themselves more than 
 they love truth. — Joubert. 
 
 An obstinate man does not hold opinions — they hold him. — Bp. 
 Butler. 
 
 I never could believe that Providence had sent a few men into the 
 world, ready booted and spurred to ride, and millions ready saddled 
 and bridled to be ridden. — Richard Rumbold. 
 
676 Senator J. IV. Bailey of Texas Unmasked 
 
 CHAPTER XXIX. 
 BAILEY VS. BAILEY. 
 
 A COLLECTION OF BAILEYESQUE BAILEYISMS. 
 
 "He that is greatest among you shall be your servant; and whosoever shall exalt 
 himself shall be abased. * * * y\ii their works they do for to be seen of men; 
 they make broad their phylacteries, and enlarge the borders of their garments. And 
 love the uppermost rooms at the feast, and the chief seats in the synagogue. * * • 
 They bind heavy burdens and grievous to be born lay them on men's shoulders but they 
 themselves will not move them with one of their fingers." — The Scriptures. 
 
 "Out of the Abundance of the Heart the Mouth Speaketh." — The Scriptures. 
 
 In a statement given out at Washington September i8, 1906, 
 (Dallas News, September 19th), Mr. Bailey used the following lan- 
 guage : 
 
 "The Standard Oil Company has no more interest in or connec- 
 tion with the Tennessee properties for which I am the attorney than 
 Mr. Sullivan or the Czar of Russia." 
 
 Comment: H. C. Pierce, David R. Francis, J. C. Van Blascom 
 and one Mr. Thompson were Mr. Bailey's clients with reference to 
 the Tennessee railway and coal properties. Pierce is a part owner of 
 the Standard Oil subsidiary company in the Southwest — the Waters- 
 Pierce Oil Company — and Francis, according to the testimony given 
 at Austin in the trial of the Waters-Pierce Oil Company there in 
 May, 1907, while Governor of Missouri, instructed the State Pur- 
 chasing Agent of that State to buy oil only of the Standard Oil Com- 
 pany and its allies. 
 
 "The public seems to be morbid on the subject of a senator or a 
 representative practicing law for pay. It is and has always been a 
 common practice for lawyers in Coneress to practice their profession. 
 * * * Since the foundation of this Republic, the greatest senators 
 whose reputations as lawyers could command clients, have practiced 
 their profession with propriety and without criticism. * * * 
 The wisest and the best of them have not thought it improper or un- 
 patriotic to attend to their private business in their own time." 
 
 Comment: John C. Calhoun declined a loan of 30,000 pounds 
 while in Congress because he questioned the motives of the wouldbe 
 lenders and because he desired to avoid ei^en the appearance of evil. 
 Thomas Jefiferson said: "Never will I engage, while in public of- 
 fice, in any kind of enterprise for the improvement of my fortune, 
 nor wear any other character than that of a farmer." Daniel Web- 
 ster's questionable loans and colorable "law practice" perhaps cost 
 him the presidency. Verily, history doth repeat itself. 
 
 In same statement as next above, Mr. Bailey said: "For myself 
 
The Political Life-Story of a Fallen Idol 677 
 
 I propose to do as I have done for fifteen years. I have practiced 
 my profession and I have never allowed that practice to interfere 
 with my public duties." 
 
 The Congressional Record shows that during the winter of 
 1902-3 Mr. Bailey was absent as long as three weeks at a time from 
 roll call. He was with Kirby and Pierce in New York. 
 
 Again in the same statement, Mr. Bailey said: "I will never ad- 
 mit that I am so weak in character that I dare not pursue an honora- 
 ble profession out of fear that I will thus be led to sacrifice the pub- 
 lic interests." 
 
 At Gainesville, Texas, September 29th (Dallas News, September 
 30th, 1906), Mr. Bailey said: "When I have finished with those 
 creatures / ivill make them ivish they had never been born. * * * 
 This new attack on me, even more than those which have preceded 
 it, is a deliberate, a sedate, a well matured plan to destroy me, if pos- 
 sible, not only in Texas, but in the Republic at large. They know 
 that I stood against the unworthy ambition of some heretofore, and 
 knowing that neither their money can bribe, nor their power deter 
 me, they seek to destroy me." 
 
 Comment: Why should thousands of patriotic Democrats in 
 Texas take pleasure, as Mr. Bailey pretends to think, in his destruc- 
 tion and the disgrace that he has brought on Texas? If other 
 men's "ambition" is "unworthy," why is Mr. Bailey's ambition 
 more worthy? 
 
 "Let them bring on their millions and let them bring on their 
 millions; I defy them to do their worst. * * * j ^yill drive 
 their myrmidons into the Gulf of Mexico. * * * They may 
 mark this to be eternally true: I will never lay it down (the Scn- 
 atorship) as long as thieves and slanderers try to take it away from 
 me. I am enlisted in this war to the bitter end. * * * As long 
 as a slanderer lifts his voice in Texas to impeach the fidelity of my 
 services I shall press this battle, and I shall press it until that whole 
 brood of hell are driven in disgrace and shame to the obscurity 
 which awaits them, * * * Every Socialist in this State who 
 seeks to subvert existing order is traducing me." 
 
 At Greenville, Texas, October i, 1906, (Dallas News, October 
 2nd), Mr. Bailey said: "They say to work for these clients will 
 influence a man's judgment. It will influence some men's judgment. 
 * * * The question isn't will it influence some men, but has it 
 influenced me? * * * If one of those corporations would pay 
 them $25,000, it would own them, soul and body, until the crack of 
 doom. * * * These men who are assailing me are excusable 
 for thinking I took a fee, because every devil of them would have 
 taken one as quick as they could have gotten it." 
 
 Comment: If $25,000 would buy others, why not Mr. Bailey, 
 to whom the enemies of the people have paid hundreds of thousands 
 of dollars? 
 
 "If Pierce had denied making that statement to me, every one of 
 
678 Senator J. IV. Bailey of Texas Unmasked 
 
 these human hyenas would have been swearing that Pierce told the 
 truth, every one of them. * * * Referring to my statement 
 that I would drive them into the Gulf before I was through with it 
 — the only objection to that is, / hate to befoul the uaters of the Gulf 
 which washes the southern shores of this State. * * * The 
 president of the Company gave me his word that it was not a trust." 
 
 Comment: It took the State of Texas four years from the Dis- 
 trict Court to the United States Supreme Court to prove that the 
 Waters-Pierce Oil Company was a criminal. If it was not "a 
 trust," what was it? If it was not an interstate trust, may it not have 
 been an intrastate trust? Certainly it was an outlaw and has been a 
 criminal ever since Mr. Bailey invited it to come back with "clean 
 hands." 
 
 Referring to the Tennessee Central Railroad $13,000,000 bond 
 holders, Mr. Bailey said: "It took a tolerably fair lawyer, who was 
 something of a financier to save them from an absolute and total fi- 
 nancial wreck. If I did it — and I did — it looks to me like they ex- 
 ercised very fair judgment in selecting their lawyer." 
 
 Comment: Not until Mr. Bailey connected himself with Joe 
 Sibley (a Standard Oil statesman) ; David R. Francis, the Standard 
 Oil Governor of Missouri; H. Clay Pierce, the Southwestern Oil 
 monopolist; John H. Kirby, the Lumber King, the same who was 
 indicted for alleged bribery of a District Attorney with $12,500; 
 B. F. Yoakum, the brilliant railroader; S. G. Bayne, the Standard 
 Oil Banker; John W. Gates, the oil, steel and stock manipulator; 
 and the owners of the Southern and Illinois Central Railway sys- 
 tems, did Mr. Bailey ever pose as a "financier." Before that he 
 was as "poor as Job's turkey," and it has been said that he could not 
 buy a beef steak on a credit in Gainesville. 
 
 "Are you willing to tell your pure and manly boys that if they 
 aspire to win fame in their country born to an inheritance of poverty 
 that after having served this State and the Republic with honor and 
 fidelity, they must be buried at the public expense in a potter's 
 field?" 
 
 Comment: Listen at Mr. Bailey's answer before the Sup- 
 pression in 1901, when he said, "Knowing that, as an honest man I 
 could make nothing in the public service * * * " (Texas 
 House Journal, January 18, 1901, page 163.) 
 
 "There are bad men. Some of them find their way into the 
 Congress of the United States, and some of them find a way into the 
 pulpits. [But Mr. Bailey says: 'The preachers are all for me.'] 
 
 "Some of them may lie about me like dogs. * * * My 
 countrymen, a man's business is separate from his duty. * * * 
 No man who ever lived has been more careful to keep his business 
 separated from his politics than I have been. * * * jj jg the 
 glory of our commonwealth that in all its long and glorious history 
 not one of them [Senators from Texas] has ever sacrificed his coun- 
 try to his selfishness and I am pained that I am almost the first one 
 
The Political Life-Story of a Fallen Idol 679 
 
 ever accused of doing so; and yet I can lay viy hand upon my heart 
 and in the presence of God I can look my countrymen in the face 
 and say that not one of all my illustrious predecessors was less sub- 
 ject to that charge than I have been. [Poor, unfortunate man.] 
 Why do they hate me so, that they seek to destroy me? It is be- 
 cause I am in their way. [Is every man in Texas opposed to Mr. 
 Bailey an aspirant to the United States Senate?] 
 
 In the Crane-Bailey Debate at Houston, October 6, 1906, (Dal- 
 las News, October 7), Mr. Bailey said: "Just as soon, my country- 
 men, as a man attacks a Democratic nominee, he becomes an apol- 
 gist for Republican sins. [Does not this depend upon whether the 
 attack is upon the nominee's honesty or upon his professed democ- 
 racy?] * * * I have never been able to find any man who was 
 willing to become responsible for these stories. [JVhen he did find 
 a man he would not submit to an interrogation about them.^ « * * 
 If they could destroy men like me and Williams, there would be 
 more chances for men like Hearst and Crane. [Hearst was a Dem- 
 ocratic nominee for the Governorship of New York at the time Mr. 
 Bailey said all these ugly things about him, and yet no man has a 
 right to criticise Mr. Bailey because he was a nominee. The Presi- 
 dent of the United States after his election, even though the same 
 might be unanimous, would be subject to impeachment."] 
 
 "I have resolved a second time to lay before the people of Texas 
 my entire connection with that afifair. * * * When the Sen- 
 atorship contest between myself and Senator Chilton was terminated 
 * * * I left the State for Washington to resume the perform- 
 ance of the public duties. [IFhy didn't he tell the Houston audi- 
 ence that Francis and Pierce had both telegraphed him to 'miss his 
 train' at St. LouisFy 
 
 "They say a man cannot be an honest Senator and practice the 
 honest profession of law at the same time. I agree with them that 
 the rule applies to themselves, but it does not apply to me. [Why 
 not?] » * * J tell you I never practiced law a day tor any mo- 
 nopoly in my life that I knew. [Perhaps it only required one hour's 
 "practice" to earn that $2,500 Standard Oil fee in 1901.] * * * 
 Of course, I would not advise a man weak enough to fall to try to 
 learn anything of or from him. [Kirby. Is this an admission that 
 his friend Kirby would tempt 'a man weak enough to fall'?y^ 
 
 Weatherford, Texas, October 8, 1906, (Galveston News, Oct. 
 9th), Mr. Bailey said: "I am one man who never has and never 
 will serve a trust, either as a Senator or as a private citizen. [T/iij 
 •was before the facts became linown']. * * * I never was the 
 attorney of the Waters-Pierce Oil Company in my life. I never re- 
 ceived a farthing from the Waters-Pierce Oil Company in my life. 
 They say I was employed by Pierce, and that is true. [The Author 
 has practiced 'aw for some private mercantile corporations. They 
 never paid him a "farthing" but their officers have']. * * * ]\Jo 
 client of mine ever sought any special privilege at the hands of 
 
680 Senator J. IV. Bailey of Texas Unmasked 
 
 Congress and if they had they would not have had the effrontry to 
 come even to my back door asking my assistance. [A single in- 
 stance only: While Mr. Bailey was a member of the Judiciary 
 Committee No. 3, in the Lower House, the salary of one Phillips, 
 a Federal Clerk in the Indian Territory was increased from about 
 $2,000 to about $25,000, and after that Air. Bailey's drafts on him 
 appear to have been numerous. There are other instances too nu- 
 merous to mention here.] 
 
 "I do not think I deserve any credit for being honest, for I do not 
 love money well enough to tempt me to be dishonest. * * * / 
 have got about all I need. * * * If some of these men who are 
 lying about me should get much, I would know they had stolen it, 
 because they could not get it any other way. * * * What I 
 have got I worked for. [/f // in the last six or seven years.'\ * * * 
 Some of them are so bad the Devil would not have them, and if he 
 got them, he could not burn them. * * * But little as I care 
 for it, [the Senatorship], I will never surrender it so long as these 
 hyenas are trying to steal it from me. When they get it from me, it 
 will be at the end of a "war that will leave none of them to tell tJie\ 
 tale. I believe in peace." 
 
 At Fort Worth, Texas, October 9, 1906, (Dallas News, October 
 loth), Mr. Bailey said: "I have no quarrel with a man who has a 
 not the sense to appreciate my unselfish service to the State of 
 Texas. * * * * After the primary certain men in New York 
 and Texas resolved upon a campaign intended to divert the Demo- 
 cratic party from its ancient and glorious principles. [What a pity.] 
 * * * They hounded him [Attorney General Smith] to his 
 death, * * * but they cannot hound me with it here. // / 
 were dying, I would get well to fight these hyenas. * * * Just 
 as soon as Hearst thinks it safe, he will traduce Bryan, as he traduces 
 me and Williams. [Why not 'Williams and I'?] * * * They 
 say, 'Bailey has no right to practice law for the trusts.' So say I, 
 because a trust is denounced as unlawful by the statutes of this State 
 and the Nation. When they say a man in public life has no right to 
 practice law for a trust, they raise no argument with me. I not only 
 join them, but go further. I say that no man in public or private 
 life has a right to aid by his legal skill any man or corporation in 
 evading the laws of the land. [Then why did he aid 'My dear 
 Pierce,' and why did he render the Standard Oil trust an admitted 
 opinion for at least a $2,500 fee? Answer: These statements 
 were made before the facts became known.] * * * Every So- 
 cialist in Texas is standing on the street corners reviling me by day 
 and by night. [The Socialists have evidently made wonderful 
 strides in Texas of late.^ 
 
 At Rusk, Texas, October 11, 1906, (Galveston News, October 
 i2th), Governor Campbell said: " 'I said in my speeches through- 
 out the campaign that I was opposed to Senators and United States 
 Congressmen representing trusts and public service corporations, 
 
The Political Life-Story of a Fallen Idol 681 
 
 and I say so today. I have gone further than that. I have admon- 
 ished the people of this State against sending railroad lawyers and 
 representatives of selfish interests to our Legislature. And I don't 
 understand that Senator Bailey or any other Democratic nominee 
 upon this ticket takes issue with me upon this question.' As Mr. 
 Campbell uttered this statement he turned to Senator Bailey and 
 that gentleman bowed his assent and the audience applauded. [It 
 is to be noted that perhaps every member of the Thirtieth Legisla- 
 ture who afterwards resigned in order to retain their railroad passes 
 on account of being railroad lawyers were expert Bailey white- 
 washers.]" 
 
 In Mr. Bailey's address at Rusk, he said: "If they do try to buy 
 Texas Legislators and any of them should take their money, I will 
 render you a greater service than I have ever before. 1 will brand 
 the dollar mark upon the head of every man who takes the bribe, and 
 put him in the penitentiary where he belongs." 
 
 Comment: What has Mr. Bailey ever done to assist the State 
 of Texas in his, Pierce's, Johnson's and Clark's efifort to bribe Henry 
 & Stribling and their success in inducing Oscar Stribling to admit- 
 tedly accept $3,100 from the Oil Trust immediately after the dis- 
 missal of the Waco suits against the Company in November, 1900, 
 wherein said Stribling had been of counsel? What, also, may be 
 said of Mr. Bailey's $1,500 draft on Pierce of June 13, 1900, in 
 keeping with the telegram from Pierce to Finlay, advising that 
 "Bailey should quiet all Texas parties." Mr. Bailey's previous de- 
 termination to prosecute bribe takers in the Texas Legislature, re- 
 minds us of a well confirmed report that within a few days after his 
 election, with serious charges pending against him at the time, three 
 of the members of the Thirtieth Legislature, who were among his 
 most servile tools and sycophants, paid off and filed releases to cover 
 land liens amounting to several hundred dollars each, ar/nV// were 
 not due for sometime — one of them for four years, bearing a low 
 rate of interest. The Author can give names and details if neces- 
 sary or desirable. 
 
 At Waxahachie, Texas, October 12, 1906, (Galveston News, Oc- 
 tober 13th), Mr. Bailey said: "I never accepted a farthing for any 
 advice I gave to Pierce. [Gratuitous advice is always cheap, but 
 was this advice gratuitous. 'The rich ruleth over the poor and the 
 borrower is servant to the lender.' Why did he not tell his audience 
 at this time that he had borrowed large sums of money from Pierce; 
 that the Waters-Pierce Oil Company had returned the sums to 
 Pierce; and that none of these so-called loans had ever been paid 
 back? Answer: Because the facts were not then known to the 
 people and he has never admitted anything, not even a "loan" un- 
 til the proof was elicited some other way.] The truth is one of the 
 reasons that they think I have been doing wrong is that they know 
 that if they had been in my place they would have done it. [If 
 'they' would have done wrong under the same circumstances, why 
 not Mr. Bailey?] 
 
682 Senator J. IV. Bailey of Texas Unmasked 
 
 Cleburne, Texas, October 15, 1906, {Galveston News, October 
 J 6th), Mr. Bailey said: "I am now engaged in a very laudable un- 
 dertaking of showing what infernal scoundrels these are who have 
 been saying I am not an honest man. [Suppose Mr. Bailey's polit- 
 ical enemies are the unworthy men he claims them to be, what has 
 that to do with his guilt or innocence?] The honest Republicans 
 and honest Populists are not against me. * * * I do not apol- 
 ogize for anything I have done. * * * I ask no quarter. I 
 cry not for peace. I am for war. Let it he 'war to the knife, and 
 knife to the hilt,' and I exclaim, 'Lay on Macduff, and curst be he 
 who first cries, hold, enough.'" 
 
 At Meridian, Texas, October 16, 1906, (Galveston News, Octo- 
 ber 17th), the following statement is ascribed to Mr. Bailey: "He 
 said there were only 79 men in Bosque County who scratched his 
 name on the primary ballot and declared that every devil of them 
 was fomenting opposition to htm now." 
 
 At Mart, Texas, October 22, 1906, (Galveston News, October 
 23rd), Mr. Bailey said: "When a man tells me I am not honest, 
 he is a liar. The people have a right to know about their public 
 servants. Now I invite anyone who wishes to know anything about 
 this controversy to ask a question and I will fully explain. [fPliy 
 would not he explain to the proponent of the charges who did know 
 something to ask him, when he took the stand?] Why, I did not 
 think enough of my advice to the Waters-Pierce Oil Company to 
 even charge a fee for it. [Why didn't he tell the people that he 
 took a "loan"?]" 
 
 "They hate me because I stand in the way of their ambition; 
 * * * they hound me with their lies and slanders. If they 
 want to adjourn this to another primary, when the party may have 
 another opportunity to decide it, / might accept, but if they do not, 
 / will never stop until they are exterminated, horse, foot and dra- 
 goon." 
 
 If Mr. Bailey was willing to adjourn the question to another 
 primary, why did he not allow the investigation forces to pass 
 their resolution offering to refer it back to the people of Texas at the 
 conclusion of the investigation? 
 
 At Sherman, Texas, October 15, 1906, (Galveston News, Octo- 
 ber 26th), Mr. Bailey made use of the following expressions: "I 
 have not come to prove to you that I am honest, but I intend to oc- 
 cupy a part of your time this afternoon to show you wfiat a set of in- 
 fernal scoundrels they are that are after me. * * * I do not 
 fear you will [stop my salary], but those heathens and infidels would 
 like to stop it. * * * Only four votes were cast against me in 
 the Legislature six years ago and only four votes will be cast against 
 me this time, [there were 58] * * * and the four men who do 
 vote against me will follow the four men who voted against me six 
 years ago into the retirement of private life." 
 
 As a matter of fact, those voting against his exoneration and 
 
The Political Life-Story of a Fallen Idol 683 
 
 who would have so voted, if present, amounted to 58 out of 163. 
 Quite an increase, but Mr. Bailey says those who opposed him, be- 
 ing "liars, scoundrels, thieves, ex-convicts, forgers, Populists, Social- 
 ists, Republicans and anarchists, shall never again hold public of- 
 fice in Texas." The query seems to arise as to why the people of 
 Texas elected such men as just described to the Legislature. As a 
 rule, a constituency elects representative men. 
 
 At Brownwood, Texas, October 29, 1906, (Galveston News, Oc- 
 tober 30th), Mr. Bailey said in part: "The politicians, [of which 
 he is one and ought to know], have made more mischief in this 
 world than all the infidels and criminals. * * * A corporation 
 that is a trust commits the highest crime that can be committed 
 against sound commercial principles. A trust ought to be hung 
 higher than Haman and they ought to put the man who organized it 
 in prison. [Mr. Bailey said at Waco, in August, 1900, after the re- 
 organization and re-admission of the Waters-Pierce trust in June: 
 'Don't blame Attorney General Smith; don't blame Secretary of 
 State, Hardy; I assume all responsibility for the re-admission.' 
 What, then, ought to be done with Mr. Bailey under his own state- 
 ment concerning the trust, and that they who organize it ought to be 
 put in prison? " 
 
 "When you fine these trusts' officers, they pay the fines and then 
 take the amount of it out of your pocket and repay themselves. 
 [IVhy then did he advise the officers of the State government to ac- 
 cept a fine from the Oil Trust and turn it loose on the people again?^ 
 
 * * * Oh, they say, 'But Bailey got a fee.' Well, if Bailey had 
 got a fee it would have been an honest one and that is more than I 
 can say of some of the fees they get. * * * Jn God's name, if 
 I study more than they do, how long will it take them to catch up? 
 
 * * * J can learn more in six months than they can learn in si.x 
 years. * * * Some of the editors of weekly papers who are op- 
 posing me have been opposed to me all the time and I hope they will 
 be opposed to me to the end of time. I do not want to be under ob- 
 ligations to their kind." 
 
 Referring to Mr. Hearst, then a Democratic nominee for the 
 Governorship of New York, Mr. Bailey said that he bought men 
 and when his money bags would not answer, resorted to the sand 
 bag; that he has done more to corrupt Democratic politicians than 
 any man who ever took a part in public life. 
 
 "They say I ought not to talk about him because he is the Dem- 
 ocratic nominee. * * * He [Hearst] is a political Ishmaclitc with 
 his hands raised against every man and every man's hands raised 
 against him. He is so bad that his candidacy [and though a Dem- 
 ocratic nominee just as Mr. Bailey was at the time he uttered these 
 words] would degrade any electorate; his election would disgrace 
 any office; and his leadership would destroy anv party. 
 
 "Not one [of my predecessors] can point to a cleaner record than 
 mine, * * * and yet with this record of fifteen years, these 
 
684 Senator J. W. Bailey of Texas Unmasked 
 
 men hunt me to destroy me. Why? I never did them any harm; 
 1 never injured them. Some of them never looked into my face; 
 some of them 1 do not even know, and yet they pursue me with their 
 rancorous malignity that is more than personal." [// so, there must 
 be a reason.^ 
 
 At Longview, Texas, November 2, 1906, (Galveston News, No- 
 vember 3rd), Mr. Bailey said: "Why any Democrat in Texas 
 should not want me to be elected to the Senate after 1 have been nom- 
 inated, is something that passes the comprehension of the right kind 
 of Democrats; * * * they really think that I have done too 
 much for the Democratic party. They hate to hear me praised in 
 every state in the Union as the Democratic leader in the Senate. It 
 wrings their narrow souls in anguish that I am mentioned as a pos- 
 sible nominee for the presidency in years to come. [No one hears 
 his name mentioned for the presidency since his Standard Oil and 
 other trust negotiations have been disclosed]. 
 
 "I do not need to invoke the witness of any man. There is the 
 record as stainless as a Christian life, as unsullied as a woman's 
 name." 
 
 At McKinney, Texas, November 3, 1906, (Galveston News, 
 November 4th), Mr. Bailey made use of the following language: 
 "I shall occupy a portion of your time this afternoon is showing to 
 you what a set of infernal scoundrels they are who have been seeking 
 to make you believe otherwise [than that he is a faithful servant.] 
 * * * My rule is that when a man smites me on one cheek, to 
 smite him on both. * * * As long as the memory of this infa- 
 mous crusade shall last, not one of the people who engaged in it 
 will ever be permitted to hold a high and honorable office in this 
 state at the hands of the Texas Democrats." 
 
 Would it not be Democratic to consult the "Texas Democrats" in 
 this connection? 
 
 At Bonham, Texas, November 5, 1906, (Galveston News, No- 
 vember 6th), Mr. Bailey gave utterance to the following statesman- 
 like (?) propositions: "When you scratch a name on a Democratic 
 ticket, you make a black mark against your own name in the Demo- 
 cratic calendar of heaven. [What a pity!]" 
 
 Senator Bailey said he had many "winning ways" to make men 
 dislike him, one of them being his habit of stepping on Democratic 
 toes that did not come up to the mark, [his mark]. 
 
 "They intend that if they do not have enough of the mind who 
 wanted to vote against me, they would buy enough to make a major- 
 ity. But they mistake. You cannot buy a Texan with character 
 enough to get to the Legislature. But if they go to Austin with their 
 money bags, I will put the dollar mark on their brows and I will put 
 them, bribe-giver and bribe-taker, into the pen. We fight our politi- 
 cal battles openly and they are not going to use at Austin a secret room 
 in which to carry on corrupt traffic." 
 
 The only room that the pro investigation forces of the Thirtieth 
 
The Political Life-Story of a Fallen Idol 685 
 
 Legislation knew anything about being devoted to "corrupt traffic," 
 was the bridal chamber at the Drislcill Hotel, which was occupied by 
 the Standard Oil Senator. The People's Group of the Representa- 
 tives not only did not have any "money bags," but were so poor that 
 the citizens of Austin made up a small purse to furnish a stenog- 
 rapher for use of the proponent of the charges, the Bailey Suppres- 
 sion Committee, having refused to incur that expense. 
 
 "I make no apology to them for calling these men liars, because 
 the word liar is the only word that fits these men. * * * If these 
 devils had let me alone this year, as they ought to have done, I 
 would now be up in the doubtful states preaching the saving grace 
 of Democracy to Republican heathens and infidels." 
 
 It is to be observed that the Oklahoma Democracy did not in- 
 vite him to come seven miles across the Red River in their first cam- 
 paign against the Republicans in that section, although he boasted 
 at Austin that if Texas did not want him as a Senator, Oklahoma 
 would welcome him with open arms. 
 
 "My God, have mercy on their souls; may the Devil have pity on 
 their body. * * * They tell you that I am too rich and the same 
 devils six years ago were saying I was so poor I could not pay my 
 debts." Both of which propositions are true and correct. 
 
 At Denison, Texas, November 5, (Galveston News, Nov. 6th), 
 this sage of Democracy gave forth the following owlish wisdom: 
 "Do not scratch it [Democratic ticket]. It is a bad habit. It grows 
 on you and then it deprives you of the privilege of saying, '/ never 
 scratched a Democratic ticket in my life!' " 
 
 A vote for the investigation of a corrupt Democratic nominee 
 or officer, or to postpone the election of such a nominee until the in- 
 vestigation can be completed, is not to "scratch a Democratic 
 ticket." 
 
 "If it is of any importance to you, I came back to Texas [April, 
 1900] like any other man of modest means would come, in a Pull- 
 man sleeping car, and I did not borrow any man's pass and forge 
 his name to ride." 
 
 But he did "borrow" $3,300 from "My dear Pierce" at their first 
 meeting and concealed the fact for six years and then admitted it 
 only after proof had been made. 
 
 ""Up in New York they are the hardest set on God's foot-stool. 
 They lie about their brothers and cheat their partners. They can 
 not point to any employment of mine that ever related m the remot- 
 est degree to the legislation of Congress. [What about the tariff on 
 the product of the Tennessee coal collieries. Governmental mail 
 contracts with his Tennessee Railway, 'Frisco Railroad franchise 
 extension in the Indian Territorv, investigation of the lumber trust 
 by Congress, opposition of Trans-continental railways to the 
 Isthmian Canal, denatured alcohol bill which he introduced m a 
 form satisfactory to Standard Oil, Aldrich currencv measure for 
 which he alone among the Democratic Senators voted and about the 
 
686 Senator J. IV. Bailey of Texas Unmasked 
 
 time that S. G. Banye, the Standard Oil banker, paid him $5,000 for 
 the Security Oil Company charter?] But they say the corporations 
 are striving night and day to project their influence into Con- 
 gress. And that is true. [How does he know it?] But those cor- 
 porations do not try to exercise their influence over men like me. 
 They lie in wait for the small men like those who happen to get in 
 Congress. 
 
 "God could have made a worse man than Ring [who the Hous- 
 ton bar elected as its president immediately after Bailey abused and 
 sought to scandalize him at the Houston Crane-Bailey debate, Oc- 
 tober 6, iQOd\ but he never did make any worse until he made 
 Robertson and Crane." 
 
 The people of Texas have thought enough of Hon. M. M. Crane 
 to repeatedly honor him both with the Lieutenant Governorship 
 and the Attorney Generalship of Texas. 
 
 "Then there is Joe Cockrell. He was raised in this county and 
 that is one of the things that Grayson county will have to answer for. 
 Cockrell's father is one of the best men I ever knew, and for that 
 reason I have forborne to speak much of him [Joe Cockrell], but be- 
 fore he assailed me he ought to have thought of that." After the 
 monetary connections between Mr. Bailey and the Standard Oil 
 octopi was disclosed by the publication of the famous vouchers here- 
 inbefore reproduced, the elder Cockrell issued an address to his old 
 constituents condemning Mr. Bailey and his duplicitus practices, 
 referring to him as "the most dangerous man in public life." 
 
 Austin, Texas, December 7, (Galveston News, December 8th), 
 1906. In addressing the student body at the University of Texas, 
 where he spoke from a platform upon which not a representative 
 of the faculty sat, be it said to the credit of their intelligent patriot- 
 ism, Mr. Bailey gave out the following preachments: "The citi- 
 zen who does his duty finds no thorns on the pillow on which he 
 sleeps. [Hence his pillow has been so punctured.] The public 
 servant must and will be assailed by those who envy him his honor 
 and traduced by others because they feel he is better than they can 
 ever hope to be. [An 'Holier than thou' attitude ever marks the 
 moods of this self-confessed hero.] 
 
 "In this state you find men declaring that when a man accepts 
 public office he should shut his law office and let the worms and dust 
 eat up his books." 
 
 Mr. Bailey is the only man who has said anything of the kind. 
 His constituents complained not at his law practice, but at the lack 
 of it. 
 
 It should be remembered from this point forward Mr. Bailey's 
 utterances are now timed to ht the exposure of his monetary nego- 
 tiations with the Waters-Pierce Oil Company through H. C. Pierce 
 which exposure was made by the publication of the vouchers about 
 December i, 1906. 
 
 Belton, Texas, December 14, (Galveston News, December 
 
The Political Life-Story of a Fallen Idol 687 
 
 15th), 1906. "Yes," said Mr. Bailey, "if I had any vanity I would 
 get out and let the people of Texas see the contrast there would be 
 [between he and any opponent who might offer for the Senatorship. 
 He has never offered to leave it to the people, although he has had 
 continuous opportunities so to do.]" 
 
 "And what does it all amount to? An attack upon my veracity. 
 * * * Now when they want to try me on a charge of not telling 
 the truth, I object to some of the jurors. How many of these 
 scoundrels will say that they never told a lie? / never saw the time 
 when / was afraid to tell the truth ; when man or devil could frighten 
 me into telling a lie. And yet they have lied about me a thousand 
 times. 
 
 "* * * Now the Dallas News — I presume a man may yet 
 mention that paper in good society — but you ivon't ivhen I get 
 through. * * * You would think from reading the Dallas 
 News that I had never done anything but practice law. The fact 
 is I have practiced law a very little * * * [That's the truth.y^ 
 
 In his testimony before the Whitewash Committee in 1901, 
 House Journal, p. 164, Mr. Bailey disclaimed being much of a law- 
 yer on such matters. "Question by Mr. Decker: Can you suggest 
 any remedy for this anti-trust law? Answer: [by Mr. Bailey]: 
 Mr. Decker, I devote myself to the study of Federal questions, and 
 do not consider my opinion on State matters entitled to very great 
 weight." 
 
 Referring to Attorney General Davidson, Mr. Bailey continued 
 in his speech at Belton, "You can sav he is a liar if you want to, and I 
 will believe you." And this of a Democratic officer? Isn't a Dem- 
 ocratic officer as much entitled to respect as a Democratic nominee? 
 
 "This man Pierce ['My dear Pierce'] whom they say hired me 
 in order to get my political influence, offered me $50,000 a year to 
 become his private counsel and I declined it." Mr. Bailey has evi- 
 dently found it more profitable to remain his secret political counsel 
 than his private legal counsel, for his earnings the last six years from 
 those interests to which Pierce introduced him have certainly far ex- 
 ceeded $S0,000 a year. 
 
 "At a time when I should be at Washington attending to my duty, 
 I am compelled to be down here standing at bay, while bloodhounds 
 seek my life," concluded the much abused Mis-Representative from 
 Texas. 
 
 San Antonio, Texas, December 15, (Galveston News, Dec. 
 i6th), 1906. Mr. Bailey was being entertained in the offices of Col- 
 onel Jot Gunter where about a hundred partisans called on him dur- 
 ing the day, out of an eligible voting population of twelve to fifteen 
 thousand. "He would have the members of the Legislature ignore 
 every other consideration except the fact that he is the party nominee 
 and in more than one conversation this was the 'tip' given his follow- 
 ers this morning. They smiled, and it is presumed that this is the 
 line to be followed in Bexar County." 
 
688 Senator J. W. Bailey of Texas Unmasked 
 
 "If he [a member of the Legislature]," said Mr. Bailey, "isn't 
 prepared to vote for me, he should resign his office and go before the 
 people for re-election on that issue. [^This was a shrewd scheme to 
 get the people to vote on the issue before the investigation could be 
 had.y Mr. Bailey continued; "/ have a telegram from Mr. 
 Pierce in which he says the vouchers in the hands of Davidson are 
 forgeries. [Of course Pierce, having been under indictment twice 
 in Texas and having fooled our Joe, his telegram should be conclu- 
 sive proof of the "forgeries" and the fact that the Bailey-Pierce law- 
 yers afterwards admitted the genuineness of the documents on the 
 trial at Austin should have no weight.] I have not used this [the 
 telegram] because I did not wish to be put in the attitude of having 
 to produce evidence to the people of Texas to substantiate my word. 
 I believe that my statement that I have done no wrong is sufficient 
 for the good people of Texas." Of course it was at one time, and 
 now that he adds the testimony of H. Clay Pierce the matter should 
 have been immediately dropped. 
 
 "The same men who are fighting me now are the same array of 
 disappointed politicians who fought me six years ago. Where I 
 have lost one vote I have gained twenty." 
 
 De Leon, Texas, December 19, (Galveston News, December 
 29th), 1906. Referring to his old college friend, Hon. Tom Smith, 
 Mr. Bailey said, "They assaulted Tom Smith in regard to this mat- 
 ter because he was a candidate for Governor and some of these others 
 wanted to be Governor. They did not start this thing against me 
 originally, but against Tom Smith. They drove him to his grave 
 and they would like to drive me to my grave. // / were on my 
 death bed, I would get well to fight them." 
 
 Isn't it a little queer that the Texas Democracy should have been 
 so vicious towards these two Mississippians as to intentionally and 
 with malice aforethought undertake and succeed in "hounding them 
 to their graves?" 
 
 "Why did they not bring their charges against me before the pri- 
 maries? Because they knew that I would beat them. 
 
 At Proctor, Texas, December 20, (San Antonio Express, Decem- 
 ber 21,) 1907, Mr. Bailey declared, "Some of them say the salary 
 [of Congressmen and Senators] should be raised but I say it should 
 not. * * * Instead of raising these salaries let Congressmen 
 work when the body is not in session [graft, he means, and peddle 
 their influence, which he found far more profitable than a slight 
 increase in salary."] If the people of Texas think I am a liar, they 
 ought not to have me in the Senate [they will not the first opportun- 
 ity they have to put a truthful man in his place.] If they think I 
 am not a liar, then they should scourge these scoundrels from the 
 State with a lash of scorpions. 
 
 At Dublin, Texas, December 21, (Galveston News, December 
 22nd), 1906, the brilliant Senator from Texas said: "That tele- 
 gram [which was sent from Pierce to Finlay, June, IQOO, advising 
 
The Political Life-Story of a Fallen Idol 689 
 
 that Bailey should quiet all Texas parties'] is a forgery just like the 
 draft is a forgery. * * * They forged the telegram to lay the 
 predicate for forging the draft, but I have got them by calling upon 
 them to show the bank's endorsement or the bank record. [Bailey 
 knew that he himself had destroyed the draft after Fierce gave it to 
 Francis, and Francis sent it to him, November 22, 1900.] Somehow 
 God has so created the universe that a lie cannot prevail. [And that 
 is just -why Mr. Bailey is in so much trouble.] They simply tried to 
 forge too much. * * * / ^/Z/ /,^ elected to the Senate in Jan- 
 uary, and then you will hear no more about that forged draft. [Why 
 should his Standard Oil friends have forged a draft on him in 1900 
 when he was doing so much for them? Certainly no Texan would 
 have done so, for nearly all Texans at that time had built an altar not 
 only to his greatness but to his goodness.'] And in God's name, is a 
 Democrat from Texas compelled to resort to law to make a Demo- 
 cratic Attorney General treat him decently? * * * / c^n say posi- 
 tively that the draft is forged because it is said to be signed by me. I 
 know that the draft which is supposed to be based on the telegram 
 is a forgery, hence I believe that the telegram is a forgery. [All 
 the Waters-Pierce Oil Company witnesses, including Finlay, who 
 received the telegram, declared it, and all the notations thereon, to 
 be genuine, and in spite of the Suppression at Austin last winter the 
 draft in question was unexpectedly traced to Mr. Bailey's own door. ]" 
 
 "For men who stand in public places and question my political 
 and personal integrity, I have no argument, but only epithets. 
 [There is no argument to be offered. Anger and abuse are the only 
 'arguments' available to a guilty man.]" 
 
 "The Texas farmers are always right and have more sense than 
 all the tribe of puny politicians put together. [To the farmers of 
 Texas: Of course, "Coal Oil Joe" isn't a 'politician,' and consequently 
 his mighty brain would not be placed in the balances against you un- 
 less, peradventure, the interests of 'My Dear Pierce' or of his side 
 partner, John D. Rockefeller, are to be involved.] * * * The 
 preachers, teachers, farmers, merchants, doctors, and, in fact, every 
 class of people in this State are overwhelmingly for me except the 
 lawyers. [Are not the lawyers by their training and sliill the best 
 judges of his guilt or innocence?] 
 
 ^^There is no community in America that does not know the name 
 of this Senator from Texas," exclaimed his Royal Highness, as he 
 stroked his swelling chest. No, not the remotest "hamlet" in the Re- 
 public of the Ancient Aztecs nor a snow-bound dweller in the frigid 
 regions of Canada, but that are fully appreciative of his matchless re- 
 nown. Even so; to be notorious is one thing; to be admired, res- 
 pected and loved as he, at one time was, is quite another. 
 
 "/ promise you that I will be as faithful in the future as I have 
 been in the past. And at last, when looking my Redeemer in the 
 face, I can lay my hand on my heart and say that I have kept my 
 promise to my friends and to my people. [Let us pray, as the 
 
690 Senator J. IV. Bailey of Texas Unmasked 
 
 preacher did over at Cumby in Hopkings county, July 12, 1907, in 
 introducing the 'religious Senator,' who proceeded to tell thern, 
 among many other wise things, that he 'had never done anything in 
 his whole life that both his judgment and his conscience did not jus- 
 tify.' But 'He that sayeth he sinneth not, is a liar and the truth is 
 not in him,' sayeth the Scriptures.~\" 
 
 At Comanche, Texas, December 27, (Galveston News, Dec. 
 28th), 1906, Mr. Bailey employed the following characteristic 
 language: "I have returned to make good my declaration that my 
 record in Congress is as spotless as a good woman's name. * * * 
 Maybe some of you all read the Dallas News. If you do, go back 
 in the alley and read it; do not take it home. Last Sunday the Dal- 
 las News — no, I don't read on Sunday. [Do you suppose the Sen- 
 ator prays on Sunday? Unless he does, there is no better way he 
 could employ his time than reading.] I know I said it that way, be- 
 cause it is the truth, and I always tell the truth. [Why mention 
 it?]" 
 
 "Is there a man in this audience, friend or foe, who believe that 
 Mr. Crane was justified in trying to prove by the Congressional 
 Record or by any other record that I was not the implacable enemy 
 of the Standard Oil Company? * * * I outlined the ramifica- 
 tions of the Standard Oil Company? / explained how it does 
 everything with oil; how it draws it from the well which it owns, 
 transports it in its own pipe line, refines it in its own refineries, man- 
 ufactures it in its own plants, sells it in its own wagons to the Amer- 
 ican people, who burn it in lamps made by the Standard Oil Com- 
 pany, with wicks which it likewise makes." [Seems to know their 
 business pretty well.] 
 
 When do you suppose the Senator ascertained so minutely "the 
 ramifications of the Standard Oil Company"? Answer: In 1901 
 when they paid him a fee of $2,500 to ascertain whether or not they 
 could do business in Texas in their own name? Still he didn't 
 know anything about their connection in Texas with the Waters- 
 Pierce Oil Company, nor the Standard Oil refineries at Corsicana, 
 nor the Security Oil Company at Beaumont, for which he wrote the 
 charter. That is to say, he did not know anything about these mat- 
 ters to tell Attorney General Davidson in Washington in 1906 when 
 Mr. Davidson was there seeking light and Joe talked to him on the 
 subject and told him how glad he would be to get the Bureau of Cor- 
 porations to show Mr. Davidson any courtesies that the Senator 
 could induce them to extend? 
 
 Waco, Texas, December 28, (Galveston News, December 
 29th), 1906. The citizens of Waco were coddled and flattered in 
 the opening of his address by such expressions as: "I expect in my 
 life time and yours, I expect while I am yet your Senator to be able 
 to come to Waco on a boat by the Brazos River. When we have 
 completed that work, I want to see the first trip made. / want to 
 itatd on the bank and wave a last and long farewell to a cargo of dis- 
 
The Political Life-Story of a Fallen Idol 691 
 
 gruntled politicians as they begin their journey towards that salt 
 river of which we have heard so much. [This is in marked contrast 
 to his later declaration at Fort Worth in March, 1907, in opposi- 
 tion to the proposed navigation of the Trinity to Dallas, wherein he 
 declared that "if they make it navigable to Dallas, / will make it 
 navigable to Fort Worth]." 
 
 "I well could wish to spare myself the dirtiness of having to an- 
 swer the multitudinous and villanous lies which men have been tell- 
 ing about me here as well as elsewhere in the State of Texas. * * * 
 A falsehood is a moderate lie without any malice in it. What 
 these men say about me is a gross of lies with nothing but malice in 
 them. \^How grossly malicious the people of Texas must be-l 
 * * * Only the other morning you must have read dispatches 
 that while Foraker assailed the South, Democrats looked toward my 
 vacant chair, and yet these men rejoice in the thought that when I 
 again fill that seat my voice may not be so potential as it has been. 
 [// he was and is innocent, and has been exonerated and not white- 
 washed, his 'voice' would only have been made more 'potential.' ]" 
 
 "The Republican Senator who dares ever to ask me in the Senate 
 of the United States what it was Texas Democrats said to my dis- 
 credit will have this answer, flat and fast, that they uttered an infa- 
 mous lie which they dare not repeat upon the floor of the Senate of 
 the United States. [Will he tie the tongues of the Republican Sen- 
 ate as he tied the tongues of his boot-licking committeemen at Aus- 
 tin and permitted them to wag only in song and praise of his pur- 
 ity?Y 
 
 "If by my single and unaided efforts I brought to the people of 
 America the great blessing of an inter-oceanic canal, these men 
 would deny me credit for the work and would have sworn until 
 their faces were blacker than their hearts, and they would have to 
 be very black to do that, that I sought to make myself the dictator of 
 the United States. [Ungrateful people they!'] * * * I de- 
 clare here and now * * * that the Attorney General was in 
 possession last February or March of every paper he pretends to 
 have now, including the vouchers, as well as all others. [But the 
 Attorney General did not have possession of these papers as a mat- 
 ter of fact until November, after his primary endorsement in July.]' 
 
 Referring to the punishment which should be meted out to the 
 trust masters, he declared that the way to break up the trusts is to 
 put the men who organize and operate them in jail and stripes. "If 
 you fine them," said their "implacable enemy," the Senator, "they 
 will fine you in the market places." Why then did Mr. Bailey try 
 with Pierce, Johnson, Clark, Stribling, Henry and Judge Scott, to 
 induce Mr. Cullen F. Thomas, County Attorney of McLennan 
 County, to dismiss the indictments and the litigation there pending 
 against "My dear Pierce" and his outlawed Standard Oil ally in 
 May, 1900? 
 
 In his testimony before the Whitewash Committee in 1901, 
 
692 Senator J. IV. Bailey of Texas Unmasked 
 
 House Journal 159, Mr. Bailey denied Mr. Thomas' statement that 
 Bailey expressed the opinion that the Waters-Pierce Oil Company 
 ought to pay "a liberal" attorney's fee, but that Bailey did say, 
 "That they ought to pay such a penalty as would be a fair vindication 
 of the State's authority and all of the costs, including a reasonable 
 attorney's fee." Now he thinks that they ought to be sent to "jail" 
 and put in "stripes." J. D. Johnson, Pierce's attorney, told the 
 Whitewash Committee of 1907 that Mr. Pierce would gladly come 
 to Texas and testify if Mr. Bailey would only give the word, but Mr. 
 Bailey failed to "give the word" that would bring Pierce's testimony 
 before said Committee, and at the same time land him in the Travis 
 County "jail." "Consistency thou art a jewel," of rare occurrence 
 with Standard Oil politicians. 
 
 At Waco during the above address. Dr. W. E. Hall, a friend of 
 the Senator's, interrupted saying, "They say, Mr. Bailey, that you 
 borrowed money from Pierce the first day you met him?" Senator 
 Bailey raised his voice and said, "Well, I borrowed money from the 
 president of a bank that I would not allow to speak to me on the out- 
 side. / borrow money from rich, not from poor men. I have re- 
 peatedly stated I would have borrowed that money from the Waters- 
 Pierce Oil Company just as quickly as I did from Pierce, because at 
 that time I believed it to be a legitimate corporation. [Why then 
 were they so particular to always make it a personal transaction be- 
 tween he and Pierce in the nature of an alleged "loan?" And why 
 did Pierce ahvays immediately reimburse himself? And why did 
 Pierce, Bailey and Francis, after the agitation in Texas in 1900, see 
 to it that Bailey's signatures to the so-called due bill and to the fa- 
 mous draft were returned to Mr. Bailey?"^ 
 
 "A high minded man does not permit his business to become 
 mixed with his politics. [Mr. Bailey's has become wonderfully 
 mixed.l Yes, I borrowed money from Pierce but before any man 
 points to my private business, let him point to something in my pub- 
 lic record that has been afTected by my private business, and I will 
 then answer his questions. [A close analysis of Mr. Bailey's attitude 
 on legislation in which Standard Oil was interested indicates that he, 
 while pretending the reverse, was, in fact, always in harmony with 
 Standard Oil desires. Witness: Among other things, the fact that 
 his denatured alcohol bill suited the Standard Oil crowd admirably 
 and that they opposed any amendment thereto during the session of 
 Congress last winter (1906-7) while Mr. Bailey was down in Texas 
 undergoing sucli a persecution from his ungrateful constituents.]" 
 
 Mr. Bailey then discussed. Ring, Robertson, K. Lamity Bonner, 
 the Dallas Times-Herald, and the Fort Worth Telegram, concluding 
 with a denouncement of the Dallas-Galveston News, as "The scarlet 
 woman of Texas journalism." Wonder what Mr. Bailey would say 
 if he was asked to give forth his profound wisdom on the freedom of 
 the press? 
 
Tlie Political Life-Story of a Fallen Idol 693 
 
 Graham, Texas, December 31, 1906, (Dallas News, Jan. i, 1907). 
 
 "There will be no investigation," said Mr. Bailey, [and there 
 wasn't, only a disgraceful suppression, in spite of which, however, the 
 case was so rotten that the scent thereof was noticeable throughout, 
 not only Texas, hut the entire nation^, "because there will be no man 
 in the Texas Legislature that will be willing to stand up and say that 
 he can prove anything to my discredit. * * * I have in my pos- 
 session distinct, positive and cordial assurances of support from more 
 than two thirds of the members of the Texas Legislature [he it said 
 to their shamel. * * * The great corporations of the country 
 whose greed I have resisted, would rejoice to see my voice reduced 
 to a whisper [?]. 
 
 Bowie, Texas, January i, (Dallas News, January 2), 1907. 
 
 This was the point at which Mr. Bailey made his first speech in 
 behalf of his candidacy to Congress in 1890. 
 
 "I can say," began the sneaker, "that there is no man who voted 
 for me then [for Congress] that is sorry for it, and every man who 
 voted for me then is voting for me now, and teaching his children to 
 do so, [Is Mr. Bailey developing a hereditary claim to office?'\ If 
 there be any exception to that statement, the man who is sorry that he 
 voted for me [then] has perhaps been sent to the lunatic asylum long 
 before now. 
 
 "The Dallas News is 'The scarlet woman of Texas journalism.' 
 It is always for sale and prefers to sell to fight against the people of 
 the State of Texas. [The Fort Worth Record in which Mr. Bailey 
 owns $10,000 stock, and possibly the Standard Oil Company the 
 balance, of course supports Mr. Bailey, while the News does not.] 
 / helped to establish the Fort JVorth Record. * * * / am glad 
 I helped to crush its [The News''\ power, and hear me, they have just 
 reached the beginning of the end. [Too bad]. My countrymen, 
 what is their purpose? They have their editorials quoted all over 
 the United States against me. What is their purpose? Their pur- 
 pose is to impair my usefulness and diminish my influence. [And 
 yet the News has always published Mr. Bailey's speeches in and out 
 of Congress, more fully than any other Texas paper, including his 
 criticisms of The News~\. 
 
 "The selfish ambition of some small politicians that see my shadow 
 falling across their political pathway and the greedy corporations 
 against whom I have stood in the Congress of the United States have 
 combined to destroy me. [Such demagogery!] I challenge them 
 and their minions to contest with the brave and individual Democrats 
 of Texas. When I have finished with them, we will bury them in 
 the filth and mire in which they have enmeshed themselves, and de- 
 cent Democrats will never again turn to look upon their spoiled faces. 
 * * * You noticed the other day in the Dallas News — but per- 
 haps you don't like to have that paper mentioned in the presence of 
 your wives and daughters. * * * ^ Republican president will 
 always do well to take my advice. * * * There is no crime, my 
 
694 Senator J. IV. Bailey of Texas Unmasked 
 
 countrymen, in this fair Republic that matches in its enormity a be- 
 trayal, and the man who will do it will commit any crime on the cal- 
 endar if you will give him any way to do it. [Just as Bailey did.] 
 Austin, Texas, January 2, (Dallas News, Jan. 3), 1907. 
 
 In behalf of his candidacy before the special Democratic primary 
 of Travis County, January 5, 1907, Mr. Bailey said: "It is a most 
 extraordinary condition, which calls a Senator from Texas away from 
 his duties at the capitol of the Republic to answer to a series of 
 charges which, if they were true, and if they had been admitted in 
 the beginning, involved neither personal, political nor professional 
 misconduct. [Why then did Mr. Bailey pay any attention to them?] 
 
 * * * / have learned \_by experience we may suppose^ that a lie 
 upon the lip of a politician has more lives than a cat. But I am not 
 only going to kill this one, I am going to bury it and I am going to 
 bury it face down so that the harder it scratches to get out, the deeper 
 it will go toward where it belongs. * * * ]y[y enemies begin 
 talking about me on January ist and continue until December 31st. 
 
 * * * My countrymen, the more I mix with a certain class of 
 politicians [indicted politicians perhaps, such as Prerce, Kirby, 
 Moore and Hornsby] the better I like my horses. They never lie to 
 me and they never lie about me. [Of course, "My dear Pierce" 
 never lied to him and the Legislature of Texas was denied the privi- 
 lege of ascertaining whether or not Pierce would lie for him under 
 oath.] * * * 'The real style of that suit [The State of Texas 
 vs. Waters-Pierce Oil Company] ought to be the Attorney General 
 and other disappointed politicians to oust the Hon. J. W. Bailey 
 from his seat in the Senate. [Why then did the Travis County jury 
 assess the oil trust $1,623,900, covering every day of its existence since 
 Mr. Bailey brought them back to Texas six years ago?]" 
 
 "They stole these notes of mine. They stole this voucher of 
 mine, and they would have stolen that draft of mine if any such draft 
 had been given. [His notes, vouchers and drafts had gotten in bad 
 company.] I will say that I never heard of a check for $i,i;oo or any 
 other amount between Henry & Stribling and the Waters-Pierce Oil 
 Company or between either of them and the Waters-Pierce Oil Com- 
 pany and that I have had no more to do with it than Charles Fred 
 Tucker had to do with the salvation of immortal souls. [Mind you 
 he was very careful not to say that he had never drawn a draft on 
 H. C. Pierce for the $i,i;oo in question; was always careful to say 
 that he did not draw a draft on the Waters-Pierce Oil Company, and 
 thus is his veracity above question. There are two kinds of lies, a 
 direct lie and an indirect one. The indirect lie is frequently a dou- 
 ble lie]. * * * I said that if they would produce a note or a 
 draft, an order or a paper, of any kind signed by me, endorsed by me 
 or approved by me, I would resign my seat in the Senate and retire 
 forever from public life. Isn't that broad enough? Do you know 
 what these devils require of me? If they were to ask me if I went to 
 church last Sunday and I would say no [note the equivocation that 
 
The Political Life-Story of a Fallen Idol 695 
 
 was evidently present in his mind about the draft he did in fact draw 
 on Pierce as was afterwards accidentally shown], they would want 
 me to stand up every other Sunday and say that I had gone to church 
 every other Sunday since I was born. 
 
 "Whose business is it when I borrow money as long as I keep my 
 private and my public business separate and apart? \But that is the 
 very question in issue as to whether or not he has done sol. Let these 
 miserable do^s point to an instance of my public life wnere my pri- 
 vate interest influenced my public duties, and I will discuss with them 
 my private transactions from the cradle to this good hour. 
 
 "They will have the right kind of an Attorney General in Texas 
 .[/f Bailey-Standard Oil 'kind'] some of these days, and then instead 
 of trying to blacken the name of Senators in this State, he will be try- 
 ing to punish the greedy criminals that infest it." 
 
 At Manor, Texas, January 3, (Dallas News, January 4,) 1907, 
 Mr. Bailey addressed the citizens in his usual style. He said in 
 part: For my watchful vigilance of the people's rights — these men 
 are hounding me today in every county of this State. [The liars 
 seem to have been well distributed.] I ought to be in the capital of 
 the Republic at this hour; I ought to be in the Senate. * * * 
 [And so he would have been except he had listened to the money 
 changers rather than to the heart-beats of the people.] * * * 
 Now and then you hear one of those miserable dogs — some people 
 say I ought not to call them that; really, I do not think they are enti- 
 tled to be called dogs, I think they ought to be called hounds — a 
 hound is a little worse than an ordinary dog. * * * I am not 
 afraid to practice my profession. If this corporation had wanted 
 my services, I would have accepted their fee, because I believed that 
 to be a legitimate and independent and useful business enterprise. 
 * * * [But our Joe was so credulous. He would not believe the 
 Standard Oil agreement itself to which the Waters- Pierce Oil Com- 
 pany was a party, through its stockholders, when Attorney Henry 
 showed it to him in Waco and argued the case with him. He pre- 
 ferred the word of a trust master under indictment. The latter had 
 loaned him $3,300 and promised him $1,750 more]. * * * I 
 don't blame some of these lawyers for declaring that a man cannot 
 serve the public faithfully because they know if they were in my 
 place they would sell the Capitol of the Nation if they had a chance. 
 [// they, then why not Bailey?] * * * I don't blame them so 
 much as I pity them from the bottom of my heart, but here is the 
 test: Don't judge me by the low standard which these men set up. 
 I am willing for you to judge them by their own standard. * * ♦ 
 I am getting to the point where I don't think a man ought to be fined 
 when he slaps a liar's face. This is one of the most peculiar political 
 episodes in the history of the country. There never was before an 
 attempt to make more political issues which would divide the State 
 out of a small suggestion of a compromise in the courts of the coun- 
 try. Did you ever hear of it before? [No; no Texas Senator ever 
 
696 Senator J. IV. Bailey of Texas Unmasked 
 
 suggested a compromise of the State's honor, to say nothing of his 
 own]. You never will hear of it again, because when I get through 
 with these men that are trying to make this mischief, they icill be 
 buried so deep that the resurrection morn li'ill not find them up. I 
 am going to bury them, and I am going to bury them face down, so 
 that the harder they try to scratch out the quicker they will get to 
 where they are going. * * * They catch every man they can 
 and prejudice him against me and tell him a thousand lies. * * * 
 They are running me against the world and I might add the flesh and 
 the devil. * * * Why don't they say who they will ask the peo- 
 ple to support against me? [Because that would have been disloyalty 
 to the party until we had first shown the party nominee's unfitness 
 from the standpoint not of party doctrine, but of honesty and integ- 
 rity. When that was done, it would have been time enough to have 
 talked of our candidates.] They dare not. In the first place, if they 
 would stand their candidate up by my side he would not reach to my 
 waist; that's a fact. When they come to comparing his public serv- 
 ices to mine, he would shrivel to the proportion of a pigmy. [^Poor 
 Texas!]" 
 Austin, Texas, January 4, (Dallas News, Jan. 0. 1907. 
 
 Mr. Bailey closed the Travis County campaign by a speech in 
 the skating rink, from which the following excerpts are taken: "T 
 am ready again to affirm my right to practice law. Let us have no 
 misunderstanding about it. I intend to continue to practice law as 
 long as my inclination may lead me to do so. [But since Mr. Bailey's 
 rise from admitted insolvency, when he was elected to the Senate in 
 1900, to opulence and wealth, there is no evidence that he ever ap- 
 peared before any court in the land ; his name seems to have appeared 
 but to one pleading, that prepared by Ball & Andrews when he closed 
 out the Southwestern Oil Company as a competitor of the Heaters- 
 Pierce Oil Company. '\ 
 
 "They had stolen the note to use against me and I was given a 
 receipt when I paid the note. [Afterwards he admitted that he paid 
 the $8,000 note by giving one for $24,000, and that the latter note 
 was partially discharged by legal (?) services and as to the balance 
 he refused to say. (See his testimony.) I will exhibit the receipt if 
 they will acknowledge that they have lied about me. \No trouble 
 for Pierce to icrite receipts.'] It is a new doctrine that a man in pub- 
 lic life cannot borrow money \ from the trust masters ( ?) ]. * * * 
 The miserable wretch who would borrow money to repudiate his in- 
 structions will not pay it back. My judgment is that the man who 
 will repudiate his instructions, who will betray the people, is a crim- 
 inal and will take a bribe. \ Bailey ought to know.] I keep my pri- 
 vate affairs separate from my public duty. \They have gotten woe- 
 fully mixed in the public mind.l as much as if I were two different 
 men. I never had a temptation to mix them. I practice law, but I 
 don't mix it with politics. I defy my most malignant enemy to show 
 that I ever received a fee [He practically admitted that he had re- 
 
The Political Life-Story of a Fallen Idol 697 
 
 ceived loans or financial favors from every beneficiary of his legis- 
 lative efforts involved in the whole series of charges] in any matter 
 remotely referring to legislation." 
 Wichita Falls, Texas, January 7, (Dallas News, Jan. 8), 1907. 
 
 After being introduced by one of his idolators, as "the greatest 
 man on earth," our Caesar asked: "Who do they want to take my 
 place? Tell the people of Texas what dark horse you have hitched 
 out here in the bushes. Is he a scrub or thorough bred? Is he a 
 Norman, Spanish, Calico, black or bay? [He uould not have been 
 of the Standard Oil breed.] 
 
 Austin, Texas, January 17 (Dallas News, Jan. 18), 1907. In 
 addressing the Legislature after having privately examined the Wa- 
 ters-Pierce vouchers, letters and telegrams affecting him, Mr. Bailey 
 said in part: "It is a little novel, however, for politicians to raise 
 the question about the payment of debts. [He evidently means that 
 as a politician, he has never been in the habit of paying his loans]. 
 * * * Ah, my countrymen, let me warn you of this, that there is 
 not one of you against whom a serious charge cannot be preferred and 
 supported with more evidence than they have produced against me 
 — not one of you. [This seems an endorsement of Walpole's propo- 
 sition, "That all men have their price."] They have raked the gut- 
 ters from Galveston to New York; they have burglarized law offices; 
 they have robbed the files of their employers and they have done their 
 worst. [Wonder why?'] 
 
 "If any reputable man here or elsewhere has a charge to make, I 
 am ready to answer it. I only ask the privilege of being permitted 
 to look into the face of a man who is willing to swear that I have done 
 any wrong personally or politically. [Why wouldn't he look into 
 the face of A. A. Green of Dallas, who was present in the Committee 
 room at the invitation of the proponent of the charges, anxious to 
 testify, but was not allowed to do so? JJliy wouldn't he be cross-ex- 
 amined either by Crane, Cockrell or Cocke?] 
 
 "Gentlemen of the House, I bid you good afternoon with this 
 statement, that for four months I have been pursued with a rancor 
 and bitterness never before exhibited against a public man in the 
 State of Texas. If, with these four months of cruel and relentless 
 war upon me, they are not prepared to make their proofs, then you 
 are justified in concluding that it cannot be made. [The proof was 
 offered. Enough was admitted to convict a man of felony a dozen 
 times over if the charges had involved felony. Much of it was ex- 
 cluded, be it said to the shame of the suppressors of truth in the m- 
 terest of political corruption in high places]. 
 
698 
 
 Senator J. IK- Bailey of Texas Unmasked 
 
 "I have borrowed much money in my time."— 7. fV. "Bailey, 
 
 ha, TO er fi£D.\ _::..-'«V^- 
 
 — "^eprodueed from Houston Chronicli. 
 
 Pierce's System of Private Loans to Public Men." 
 
 "Where a man's treasure is, there will be his heart also." — The Scriptures. 
 
The Political Life-Story of a Fallen Idol 699 
 
 ANTIDOTES FOR BAILEYISM. 
 
 If we mean to support the liberty and independence which have 
 cost us so much blood and treasure to establish, we must drive far 
 away the demon of party spirit and local reproach. — Washington. 
 
 Party standards are the shadows in which patriotism is buried. — 
 St. Pierre. 
 
 The American patriots' prayer today might well be: God give 
 us independent, patriotic men; men who will swerve neither to the 
 right hand nor to the left in the fearless performance of their official 
 duty; public men who will dare to do right, though it cost them their 
 office; men who will be true to their patriotic convictions, though 
 such course banish from them every hope of political preferment, 
 forever; men, who, in times of peace, no less than in times of war, 
 count their lives as but a reasonable sacrifice in defense of the honor 
 of their country; men, who, to save the fair name of their State from 
 disgrace and shame, will, if need be, meet demons or devils, fear- 
 lessly and unafraid. — The Author. 
 
 The tendency of party-spirit has ever been to disguise, and prop- 
 agate, and support error. — IVhately. 
 
 Of all kinds of credulity, the most obstinate is that of party-spirit; 
 of men, who, being numbered, they know not why, in any party, re- 
 sign the use of their own eyes and ears, and resolve to believe nothing 
 that does not favor those whom they profess to follow. — Johnson. 
 
 There is an opinion that parties in free countries are useful checks 
 upon the administration of the government, and serve to keep alive 
 the spirit of liberty. This within certain limits, is probably true. 
 But in governments of a popular character, and purely elective, it 
 is a spirit not to be encouraged. From their natural tendency, there 
 will always be enough of that spirit for every salutary purpose. And 
 there being constant danger of excess, the effort ought to be, by force 
 of public opinion, to mitigate and assuage it. A fire not to be qunched, 
 It demands a uniform vigilance to prevent it bursting into a flame, 
 lest, instead of warming, it should consume. — Washington. 
 
 To know how to wait is the great secret of success. — De Maistre. 
 
 A true patriot counts not the cost when the voice of duty calls 
 him to battle, whether in military or civic warfare; the fearless pa- 
 triot, to protect the honor of his state or of his nation, is blinded not 
 by the glittering equipage of the opposing general, though he pose 
 as possessing the pomp, the power, and prowess of a Goliath, an 
 Absalom, or a Sampson. — The Author. 
 
700 Senator J. IV. Bailey of Texas Unmasked 
 
 Greatness is evidenced by calmness, forbearance, patience and 
 poise; weakness, by rage, passion, intolerance and abuse. — The Au- 
 thor. 
 
 The noblest motive is the public good. — Firgil. 
 
 Be just and fear not; let all the ends thou aimest at, be thy coun- 
 try's, thy God's, and truth's. — Shakespeare. 
 
 My country claims me all, claims every passion; her liberty 
 henceforth be all my thought; for her, my life, I'd willingly resign, 
 and say with transport that the gain was mine. — Martyn. 
 
 The patriot's boast, where'er we roam, his first, best country ever 
 is at home. — Goldsmith. 
 
 Love of country is one of the loftiest virtues; and so treason 
 against it has been considered among the most damning sins. — E. A. 
 Storrs. 
 
 A courageous patriot is not abashed by the pompous array of a 
 gilded stafif of the dominions of graft; a steadfast patriot conscious 
 of the rectitude of his course, shrinks not from the fray, but battles on 
 to the end in defense of the people's cause. — The Author. 
 
 Honesty is the best policy. — Franklin. 
 
 An enterprise, when fairly once begun, should not be left till all 
 that ought is won. — Shakespeare. 
 
 When once a man is determined to believe, the very absurdity of 
 the doctrine confirms him in his faith. — Junius. 
 
 Nothing is politically right which is morally wrong. — Daniel 
 O'Connell. 
 
 That "all men are created free and equal," ought to mean free- 
 dom and equality of industrial opportunities as well as of political 
 privileges; such freedom and such equality cannot be had at the 
 hands of public servants who serve special interests. — The Author. 
 
 He who knows only his own side of the case knows little of that. 
 — J. Stuart Mill. 
 
 Prejudice, which sees what it pleases, cannot see what is plain. — 
 Aubrey de Vere. 
 
 Prejudice is the reason of fools. — Voltaire. 
 
 The more honesty a man has, the less he affects the air of a saint. 
 — Lavater. 
 
 The foolish and wicked practice of profane cursing and swearing 
 is a vice so mean and low, that every person of sense and character 
 detests and despises it. — Washington. 
 
The Political Life-Story of a Fallen Idol 701 
 
 To betray the peoples' trust is criminal; to deceive them and lie 
 about it afterwards is a double crime. — The Author. 
 
 Punishment is lame, but it comes. — Herbert. 
 
 Thrice is he armed that hath his quarrel just, and he but naked, 
 though locked up in steel, whose conscience with injustice is cor- 
 rupted. — Shakespeare. 
 
 Oppose not rage while rage is in its force, but give it way a while 
 and let it waste. — Shakespeare. 
 
 Of all men, the liar is the most despicable and dangerous mem- 
 ber of society. — The Author. 
 
 He is next to the gods whom reason, and not passion, impels. — 
 Claud tan. 
 
 He that will not reason is a bigot; he that cannot reason is a fool; 
 and he that dares not reason is a slave. — Sir JV. Drummond. 
 
 Wouldst thou subject all things to thyself? — Subject thyself to 
 thy reason. — Seneca. 
 
 Here is the manliness of manhood that a man has a good reason 
 for what he does, and has a will in doing it. — A. Maclaren. 
 
 Other things being equal, favor thy friend, hut if the public good 
 require it, favor thy personal or political enemy instead. — The Au- 
 thor. 
 
 Recompense injury with justice, and unkindness with kindness. 
 — Confucius. 
 
 It is in refinement and elegance that the civilized man differs from 
 the savage. — Johnson. 
 
 He that will not reflect is a ruined man. — Old Proverb. 
 
 Let not the sun go down on your wrath. — Anon. 
 
 Friendship is good, but the sentiment "my friend, right or urong, 
 still my friend," should find no place in the life of a public man. 
 The public weal, not private ends, should guide him — The Author. 
 
 Long is the way and hard, that out of hell leads up to light. — 
 Milton. 
 
 The world does not require so much to be informed as reminded. 
 — Hannah More. 
 
 Of all acts of man repentance is the most divine. — The greatest 
 of all faults is to be conscious of none. — Carlyle. 
 
 To do so no more is the truest repentance. — Luther. 
 
702 Senator J. W. Bailey of Texas Unmasked 
 
 Humility is the badge of gentility; the bully, the braggart and the 
 bulldozer should be as much detested in political as in social life. 
 — The Author. 
 
 Few love to hear the sins they love to act. — Shakespeare. 
 
 Many men are angry with them that tell them of their faults, 
 when they should be angry only with the faults that are told them. — 
 Venning. 
 
 Reputation is an idle and most false imposition, oft got without 
 merit. — Shakespeare. 
 
 A reputation once broken may possibly be repaired, but the world 
 will always keep their eyes on the spot where the crack was. — Anon. 
 
 Some political bootlickers seem to relish their morsel. — The Au- 
 thor. 
 
 When a man has once forfeited the reputation of his integrity, he 
 is set fast; nothing will then serve his turn, neither truth nor false- 
 hood. — Tillotson. 
 
 The nerve which never relaxes — the eye which never blanches^ 
 the thought which never wanders — the purpose that never wavers — - 
 these are the masters of victory. — Anon. 
 
 Do not, for one repulse, forego the purpose that you resolved to 
 effect. — Shakespeare. 
 
 Responsibility walks hand in hand with capacity and power. — 
 J, C. Holland. 
 
The Political Life-Story of a Fallen Idol 703 
 
 CHAPTER XXX. 
 BAILEY VS. BAILEY. 
 
 A COLLECTION OF BAILEYESQUE BAILEYISMS — CONTLNUED. 
 
 By thy words shalt thou be justified and by thy words shalt thou 
 be condemned. — Jesus. 
 
 BAILEY, THE IMMACULATE. 
 
 Austin, Texas, January 21, (Dallas News, Jan. 22), 1907.— A 
 statement issued by Mr. Bailey is in the following language: 
 
 "In this, as in all other cases, the liar tells either too little or too 
 much, and thus enables his lie to be exposed." Just so, Mr. Bailey; 
 you evidently speak from experience. 
 
 Austin, Texas, January 23, (Dallas News, January 24), 1907.— 
 After his election, with the charges pending against him, by a vote 
 of 89 (out of 133) in the House and 19 (out of 32) in the Senate, Mr. 
 Bailey made an extended speech in which he said in part: 
 
 "[Referring to Mr. Hearst because of the Cosmopolitan article] 
 A man whose candidacy would debauch any electorate; a man whose 
 encumbency would degrade any office ; a man whose leadership would 
 destroy any party — he is a moral pervert, he is a political degenerate, 
 he is a physical coward. Like many other people, he says things about 
 me that they would not for their lives say to me \Has Mr. Bailey ever 
 made the above statement to Mr. Hearst, who was a Democratic nom- 
 inee while Mr. Bailey was abusing; him during the fall of TQOd?'] 
 
 "I have already been elected this time and there will not be a cor- 
 poral's guard of my enemies in the Legislature next time [Mr. Bailey 
 had theretofore said there would not be exceeding four votes cast 
 against him in the Thirtieth Legislature, whereas there were 58 cast 
 against his exoneration]. * * * Ninety-five per cent, of the min- 
 isters in this State support me in this crusade against me; * * * 
 the priests of the great Catholic church, the Baptists and the Presby- 
 terians and all the ministers of every creed. * * * When I have 
 got the farmers, and I have the preachers and I have the women, then 
 I have no fear of consequences. * * * I am the only Democratic 
 Senator from any Southern State who has ever been pursued by a 
 rancor that demands his investigation every time he is elected to the 
 Senate. [A man is known by the companv he keeps. Mr. Bailey 
 himself once said, "JVhen you lie down with hogs you get up with 
 lice."^^ And yet in all the long and glorious history of our own and 
 of the other Southern States, there never lived and served a rnan 
 whose record is as much above the suspicion of unselfish men as mine. 
 [Some of us have been taught in humble Southern homes that self- 
 praise itself is half scandal.] 
 
704 Senator J. IV. Bailey of Texas Unmasked 
 
 "Is it not strange indeed that with the most unreasonable and un- 
 reasoning enemies that ever beset the pathway of a public man, they 
 have not been able to discover even one mistake? Is it not marvellous 
 that in a state like ours a man whose record is as stainless as mine has 
 always been, can be pursued as they have pursued me? * * * 
 My name is indissolubly connected! IV hy, my name is indissolu- 
 bly connected with the name of the State of Texas! * * * 
 
 "With Gorman sick on what proved to be his death bed, the per- 
 plexities and difficulties and anxieties and the labor of the Democratic 
 leadership rested upon me during that long and memorable fight on 
 the rate bill. \ IF hen Roosevelt and others thought him in secret 
 league with Aldrich, and Tillman "watched him like a hawk."^ Ah, 
 the truth is, my countrymen, I have worked too hard; I have served 
 too well to suit some narrow minded souls. * * * If I were 70 
 years old I would be permitted to pass out in peace, but I am still a 
 young man. [And while his exit may not be peaceful, it is as certain 
 as the people are honest with themselves and demand honesty in pub- 
 lic men.~\ 
 
 "The corporations are not afraid of a man who merely talks. They 
 are afraid of a man who devises ways and wholesome measures to 
 restrain their greed. I did that. \ IV hen he got "My dear Pierce" 
 a new permit to re-enter Texas and levy JOO per cent, per annum 
 against the people?] I shall only fight Democrats when they fight 
 me and I shall only do it then because I think the party and the coun- 
 try can infinitely better afiford to spare them than it can afYord to 
 spare me. * * * Now I do not say that in any jocutar spirit; 
 * * * J say it only because it is the eternal truth. 
 
 BAILEY BEFORE THE SUPPRESSION COMMITTEE. 
 
 Both during its sessions and while making stump speeches at its 
 close, sometimes said to be testimony, Mr. Bailey made use, among 
 many others, of the following expressions, 1907: 
 
 "I have borrowed money so often and from so many different 
 people, that I am not so sure about these times and persons. [^The 
 borrowing mania seized him long before he met Francis and Pierce, 
 and had theretofore proven a convenient method of grafting with 
 maximum returns and minimum risk.] I knew if I told him 
 [Pierce] to send me exchange for it, he would be very much more 
 apt to attend to it promptly than he would if he would send me his 
 check. * * * I think he signed all his checks, / never saw any- 
 body else sign one of them. [The people of Texas will never know 
 how many checks he signed for "Captain" Joe]. I told them [in the 
 office of the Standard Oil] I did not believe a damned word they 
 said, and I told them that I thought they all ought to be put in the 
 penitentiary and that I would help to do it [How about "My dear 
 Pierce?" Answer: At this juncture Pierce was having a quarrel 
 with his Standard Oil allies. This is why the fuss came up, and that 
 is why Bailey took a hand in it. That is to say. Pierce called on Bai- 
 
The Political Life-Story of a Fallen Idol 705 
 
 ley to help him out, first, against the people of Texas; and second, to 
 keep the Standard Oil crowd from dethroning him (Pierce) because 
 of a controversy over the management of the Waters-Pierce Oil Com- 
 pany. That is the reason "Coal Oil Joe" became so an^ry.^ I did 
 not believe a damned word of it; I believe you own it [the Van Buren 
 Waters-Pierce Oil Company stock], and if you do, I believe it is an 
 unlawful enterprise and I hope the state will indict every one of you 
 and send you to the penitentiary, and I will help to do it. [Why has 
 he never helped Texas put Pierce in the penitentiary? John D. John- 
 son stated on the stand that Pierce would gladly come to testify and 
 run the risk of being arrested, if Bailey only gave the word^. I went 
 back then to the Waters-Pierce Oil Company [to their New York 
 office] and they were a good deal — I mean to Mr. Pierce's office, and 
 Pierce and the others were a good deal alarmed and Pierce said, 'If 
 you do this [help indict the Standard Oil crowd], you just help to 
 destroy the Waters-Pierce Oil Companv, \and of course "Captain" 
 Joe could not smite the hand that had fed himi, and that is what cer- 
 tain people are trying to do [and that is what the people of Texas are 
 going to do, in spite of their traitor Senator]. And then I said, 'Why, 
 if you believe that, why don't you get out and make a fight against 
 them, and if you make a fight against them, I will help to do it. [Is 
 that what Bailey and Kirby and Pierce are doing through the Abbott 
 Investment Company in their recent purchases of hundreds of thou- 
 sands of dollars of oil land in the Indian Territory? And are they 
 getting ready to take over the assets of the Waters-Pierce Oil Com- 
 pany in the Southwest and thus continue the monopoly?] 
 
 / said no more about it and went away. [This was in 1905. Why 
 didn't he tell Attorney General Davidson about it when he ap- 
 proached General Davidson on the subject in Washington in the sum- 
 mer of igo6, and proposed to enter the case with Davidson as an at- 
 torney for the State, provided Davidson would guarantee a convic- 
 tion of the company. He must admit now that he knew the inner 
 workings of the situation at least a year before he talked to Davidson. 
 Of course he knew it from the beginning, for he had rendered an 
 opinion to the Standard Oil Company direct in IQOI , and he could 
 not have rendered that opinion without they advised him of their 
 methods and of their subsidiary company holdings.] 
 
 Instead of doing that — instead of consulting me about it and ad- 
 vising with me as to his purpose, he filed this suit simultaneously 
 with the political attack made on me in Texas. [The fact that these 
 exposures all came out simultaneously proves no connection in pur- 
 pose between the filing of the suit and the various exposures of 1906] 
 And I believed then and I believe now that that suit was brought at 
 that time as a part of a political program, and believing that, of course 
 as a self-respecting tnan I could not afford to associate myslf with 
 the Attorney General [what a pity]. 
 
 I had promised to go into New England [in the summer of 1906]. 
 I am probably the only man who has served in Congress for sixteen 
 
706 Senator J. W. Bailey of Texas Unmasked 
 
 years and who has occupied my position who has never made a speech 
 in New England [what a loss to that literary and thought center]. I 
 have never been there but once — I went to Hartford once to see about 
 a matter of business for a friend of mine, and I am surprised that they 
 have not put that in this investigation, too. [From this remark, the 
 proponent of the charges is convinced that there was conscious guilt 
 and that as a matter of fact, this "matter of business for a friend of 
 mine," should have been investigated]. 
 
 They [his friends in the Twenty-Seventh Legislature, 1901] were 
 not in favor of having any investigation, even if my enemies proposed 
 it, and it would not even then except for my earnest insistence to the 
 contrary— they would have put that resolution on the table and left it 
 there and they wanted to do it, but I felt like if any member of the 
 Legislature would make a charge, that then I wanted the Legislature 
 to investigate it, and 1 stated to my friends then that if it was not in- 
 vestigated, it would become a sore place in the politics of this State, 
 and that men would lie about it for twenty years to come, whereas, I 
 thought an investigation would settle it. [He was a popular idol 
 then ; his hand was well on the throttle ; there were very few who had 
 lost confidence and it was evidently from his standpoint, an opportune 
 time to be exonerated from the suspicion that even then arose and 
 thus would he be enabled as he thought to ever after, plead as he has 
 plead, res adjudicata]. I did not exactly know the kind of lies with 
 which I had to deal. They have been lying about it since just the 
 same as if there had been no investigation, and they will probably 
 continue to lie about it. 
 
 I insisted this time that there must be somebody to make charges 
 and that there ought to be some tender or proof that for the sake of 
 Texas, as much as I say for my own sake. This is the only one of the 
 Southern States that has ever investigated a Democratic Senator, and 
 we have done it — this is the second time, an^ the marvellous thing is 
 that I am the man investigated both times. There never lived a Dem- 
 ocrat who had served this or any other state for sixteen years and 
 whose record was as much above suspicion of self-interest as mine. 
 // was an infernal infamy that a lot of anonymous slanderers were 
 permitted to come to this Legislature and lie about me like dogs as 
 they were. * * * I knew they would be liars if they said they 
 could prove it, for I knew no living man could prove any misconduct 
 against me. * * * We have been reputed for years to have not 
 only the best Democracy in this nation, but the cleanest [And what .1 
 pity that Coal Oil Joe should have besmirched our hitherto untar- 
 nished record]. The investigation of a United States Senator is no 
 light proceeding. It has never occurred before in the history of any 
 Southern State. Such a proceeding as this has never occurred in the 
 history of any State and that we, the greatest of all States, with the 
 purest and most undefiled Democracy, that we could drag our men 
 through the slime and filth of slander and then at the end no living 
 man able to testify to a single act of even impropriety, has never be- 
 
The Political Life-Story of a Fallen Idol 707 
 
 fore been paralleled in the history of this or any other State. ["Cap- 
 tain" Joe is a prodigy.] 
 
 Then when they would find that one [fact, like the $3,300 "loan"] 
 that I had not detailed, they would swear until they were as black in 
 the face as negroes that there was something wrong with that transac- 
 tion, and therefore I concealed it. I have been compelled to stand 
 before the public, take and open my books \ the proponent of the 
 charge could not get him to bring any books, letters, papers or docu- 
 ments before the Suppression Committee of IQO'jA^ and show where 
 I got money from and they have even gone into my horse trades and 
 dragged them out and exposed them to the public. It is gratifying to 
 know that they have not found where I cheated anybody in a horse 
 trade yet. [Although it was shown that he owed Gates an overdue 
 note of $28,100.00 for three or four years, said to have arisen out of "a 
 horse trade."] 
 
 / did not think then, and I do not think now, that the people of 
 Texas have any right to call on one of their Senators to open his books 
 for their inspection of his private business [To the Suppression Com- 
 mittee of the Twenty-Seventh Legislature, 1901, House journal, page 
 162, Mr. Bailey said : "It is not pleasant to feel compelled to make a 
 public statement of my private business afifairs, and it is still more 
 disagreeable to feel compelled to state the private business affairs of 
 other gentlemen. But a man cannot stand upon a question of that 
 kind when his integrity is assailed; and I have deemed it a duty to 
 myself, my friends, and, 7nost of all, to my party and to my State, to 
 trace every dollar of the money paid for and received from the land, 
 cattle, horses and mules purchased by me from Mr. Gibbs, so that no 
 honest man can ever again misunderstand the transaction, and no 
 scoundrel can ever again successfully misrepresent it."] And I think 
 that whenever the Democrats of Texas reach the point that they do 
 demand that of their Senators, they ought to get them another Sen- 
 ator, [and they will as soon as they have a chance], and the people of 
 Texas today do not demand any such thing of me as I am being com- 
 pelled to give before this committee. * * * The people of Texas 
 have not reached the point yet that they think their Senators have to 
 be stripped in full view of the public in order that the public may 
 know that they have nothing ill gotten concealed upon their per- 
 sons. [Such was the view of the people of Texas with reference to 
 their Senators past and present until "Coal Oil Joe" was "caught 
 with the goods on his person."] 
 
 There was but one man out of all the men who represented those 
 counties [his old fifth district] in the Legislature [1901] who was 
 really willing to vote for an investigation. All the others wanted to 
 kick it out of the Legislature, but I remonstrated with them and pur- 
 sued the argument as I outlined here awhile ago \that such was the 
 best way and time to hush the scandal] and then they agreed to go 
 back and vote for the resolution [The McFall Resolution]. 
 
 I sent for Mr. Smith to come to my room and I said, "I see that 
 
 11-14 
 
708 Senator J. W. Bailey of Texas Unmasked 
 
 Statement [that Mr. Smith would vote against him except for his in- 
 struction], and I want to relieve you so far as I can from your in- 
 structions. [Why didn't he relieve all the members of the Thirtieth 
 Legislature in IQOJ of their instructions^ I would like for you to 
 vote against me. I would like to see what the folks in Collins County 
 would do to you at the next election.' [Why didn't he want to see 
 what the people of Texas would do to the members of the Thirtieth 
 Legislature if he should release them?^ 
 
 This is the only one of the Southern States that has ever investi- 
 gated a Democratic Senator, and we have done it — this is the second 
 time, and the marvellous thing is that I am the man investigated hoth 
 times, and there never lived a Democrat who had served this or any 
 other State for sixteen years and whose record was as much above 
 suspicion of self-interest as mine, and it was an infernal infamy that 
 a lot of anonymous slanderers were pcrmtited to come to this Legis- 
 lature and lie about me like dogs as they were. 
 
 There are honorable men who have not taken my part [in this 
 controversy], but they do not live in Gainesville, nor do they live in 
 that vicinity, (p. 907.) 
 
 For six years these men have been scouring the gutters and have 
 been committing burglaries, thefts and interlineations, simply for 
 the purpose of showing I didn't tell the truth. That is the whole of 
 it. There is nothing else in it, and that is what I regretted very much, 
 that my service was not one for which I might have accepted a fee, 
 so that I might have said so. I have said that repeatedly and that is 
 doubtless the basis of that charge. A number of men in this State 
 have told me that had they been in my place they would have taken 
 a fee for the service I rendered, (p. 910.) 
 
 Mr. Johnson's real complaint was that I spoke bitterly of his 
 friends. I said, "Who are your friends, Mr. Johnson?" "Well," 
 he says, "these gentlemen who have been opposed to you." I said, 
 "Mr. Johnson, I have never spoken bitterly of any man who had not 
 first spoken bitterly of me." He said, "Well, now, in your speeches 
 you have denounced them as liars and scoundrels." I said, "Yes, 
 and I intend to continue that because I believe some of them are liars 
 and scoundrels. In fact, I know they are, but I have always stated 
 in every speech I have ever made that 1 had no words of censure 
 against the honest man who believed these charges, or who not be- 
 lieving them still wondered, to use the common expression, '// there 
 was not some fire where there was so much smoke.' " "Now," I said, 
 "for these honest men I have never uttered an epithet, but on the 
 contrary I have always exempted them from my criticism, but the 
 men who are traversing this State, assailing my personal and politi- 
 cal integrity, I have denounced them as liars and scoundrels, and I 
 intend to continue to denounce them as liars and scoundrels for that 
 is precisely what they are." (p. 913.) 
 
 Mr. Johnson still thought I ought to be mild; in other words, he 
 thought or seemed to think that although these men stand upon street 
 
The Political Life-Story of a Fallen Idol 709 
 
 corners and denounce me as a traitor to mv country, insinuate that 
 I have not been an honest man, that 1 ought to draw my cloak around 
 me, and with meekness and humility say, "Pray, sirs, don't do that." 
 "Now, I am not going to live that way. That is all right for the 
 Christians, but it is all foolishness for the politician. The man that 
 goes into politics and does that, they will run him into the Gulf, and 
 they ought to, because a man who does not smart under the kind of 
 imputations that have been leveled against me, and who docs not 
 prevent it, is either a pusillanimous preacher, or else he is guilty, one 
 of the two. There is not a man of virtue and honesty in the world 
 that will hear what these men have said about me and not resent it. 
 / think I deserve great praise for not taking a shotgunt and killing 
 them, and if I could have gotten around, that is lihnt I would have 
 done. I would give my seat in the Senate tomorrow if I could settle 
 with them all at once, (page 913.) 
 
 / have never carried a red flag in my hand. (p. 923.) 
 
 Dallas News, February 28, 1907. — On the night of his dishonor 
 (by his friends called his "exoneration") when a majority of the 
 Texas Senate and House had passed upon his guilt or innocence, 
 without waiting to receive and consider the testimony, and in the face 
 of the fact that a majority of the Senate Committee were pleading 
 for the opportunity to continue the investigaion and were summarily 
 discharged for fear that they would bring in an adverse report, Mr. 
 Bailey said in part: 
 
 I had intended at the end of this Senatorial term to retire, 
 * * * but the war these infidels have waged on me has changed 
 my purpose, and I never intend to retire until all of them are safely 
 buried, politically speaking. However, I do not care to retire when 
 they are buried, because if I did I would have to retire at the ex- 
 piration of the next year. They have made their own graves. We 
 are going to lay them away in those newly made graves. IFe are 
 going to bury them face down, so that the harder they scratch to get 
 out, the deeper they will go toward their eternal resting place. 
 
 Let us take our place on the side of Christian Democrats, while 
 they take their side with the infidels. Republicans and Socialists. 
 There is no place hereafter in the politics of Texas for the fence 
 rider. The man who tries to fight between the lines is certain to be 
 killed. » * * To quibble over whether you will vote the exon- 
 eration today [in the absence of the testimony] or a week from today 
 [after you have read and weighed the testimony] is unworthy of 
 sensible and honest men. 
 
 I want to say to my friends, / want to say that I lay my hand on 
 my heart, the night will never be too dark nor the ride too long for 
 me to come when you ask for help. For you I will fight like you 
 fought for me. I will fight without asking what the issue may re- 
 sult [will he fight as he has fought for "My dear Pierce," for Dave 
 Francis and Joe Sibley, "whose hearts lay close to his heart," and 
 who whispered gently in his ear, "Pwf money in thy purse?" Will 
 
710 Senator J. IV. Bailey of Texas Unmasked 
 
 he fight for Kirby, the Lumber King, to whom the poor of this State 
 pay tribute, because they are able only to build shelters of shingles 
 and shanties of pine? Will he fight for Hanger, Odell and AIc- 
 Nulty, now employed by Standard Oil? Will he fight for the oil, 
 the lumber and the railroad trust, as he has fought for them hereto- 
 fore? He says he will and in this particular connection we have no 
 reason to doubt his word^. 
 
 Mark my words, not one of the men who organized and who 
 sought to accomplish this conspiracy will ever again wear the honors 
 of Texas Democracy. They cannot be trusted, because a man who 
 will betray the people's trust, would betray the Republic itself, if 
 Hessians were for hire, and they are fit associates for men like that. 
 They honest? Not an honest drop of blood courses in their veins. 
 They say this is bitter speech. / intend it to be bitter. If I might 
 borrow a sentiment from the great infidel, Robert G. Ingersoll, / 
 would say that I sometimes wish that I might possess words of pure 
 hate, words that would writhe and hiss like snakes, for only then 
 could I express my opinion of the men who organized and conducted 
 this conspiracy. * * * They lie about me in order to get the 
 Legislature to defeat me, and then when the L^egislature would not 
 defeat me, they lie about the Legislature. 
 
 If I live not one of their kind will ever again disgrace the State 
 of Texas by holding an ofTice under its authority. They made this 
 contest. Now let them abide by its consequences. Call the roll. 
 Every man who voted against me in the beginning, voted against me 
 here today [and some more, tool. In my home I intend to put the 
 photograph of this Legislature. Two pictures will embrace that 
 photograph. Over the one I am going to write "The Roll of Honor," 
 and I am going to put you men there. Over the other, I am going to 
 write "The Rogues' Gallery," and I am going to put there the pic- 
 ture of the men who have betrayed the Democratic [Bailey] party 
 of Texas, and I am going to swear my children never to forget the 
 one, or forgive the other. * * * How long will it take the Dem- 
 ocrats of Texas to forgive them? If it were not happily true that 
 Oklahoma and the Indian Territory country are soon to become a 
 State, [which by the way, he always opposed, and against which he 
 made a speech in 1905] nearly all of them would be in the Indian 
 Territory in less than six months, after this Legislature adjourned. 
 They would be trying to hide their misconduct in the jungles of 
 Indian Territory, but even there their infamy has preceded them and 
 I rejoice to say that from almost every community in the Indian Ter- 
 ritory I have received resolutions of commendation, of confidence 
 [if he was not prevaricating about this, why then did he receive no 
 invitations from the Democrats to speak in those territories during 
 the spring and summer of IQOJ, when they were fighting for the 
 adoption of their constitution and the election of a State Democratic 
 ticket? He spent the whole summer abusing his enemies in Texas, 
 but not a word of invitation did we hear from the Democrats seven 
 
The Political Life-Story of a Fallen Idol 711 
 
 miles from his home '''Come over and help uj."] From one hundred 
 communities in that new and splendid commonwealth they have sent 
 me messages from town meetings and Democratic conventions that if 
 the State of Texas was tired of my services, to come amongst them 
 and they would gladly send me to the Senate of the United States 
 [The author's information is that the Territory people are strictly 
 on to his practices and remember his opposition to their statehood. 
 Many of them think that this opposition was in behalf of certain 
 wealthy stock interests, claiming lands for grazing, and which in- 
 terests paid him large fees]. There are more states than one from 
 which I might reasonably hope to be elected to the Senate of the 
 United States. * * * I have represented it [Texas] for six years. 
 / ivill represent it for eighteen years longer. 
 
 This has been a peculiar campaign in another respect. There 
 were fifty candidates for the Senate of the United States in Texas, 
 of all sorts and sizes, and of varying intellect, from the Elder States- 
 man down to the Driveling Idiot, [by "Elder Statesman" he was 
 thought to refer to Judge John M. Duncan; by "Driveling Idiot" 
 he was thought to refer to the proponent of the charges. Isn't it 
 strange that a guiltless and brilliant United States Senator could be 
 so exasperated by the feeble efforts of a "driviling idiot" before a 
 partisan suppression committee?'\ There were men who thought 
 they might be elected to the Senate in my place. Why that was a 
 favorite method of campaigning. They would go to one of my 
 friends and say, "Here, you quit supporting Bailey. We intend to 
 elect you if we can beat Bailey," [The only promises of this nature 
 that the author ever heard of, were the promises made by Bailey to 
 elect his supporters to Congress and to various state offices.'] They 
 influenced some weak members that way. They elected nobody? 
 There has never been an instance of such audacity in this world {his 
 audacity, that is true] as their proposition to elect anybody Senator 
 since the day that satan took the Savior onto that high mountain and 
 offered him the kingdoms of the world to fall down and worship 
 him. Satan did not own a foot of that land \just as Bailey did not 
 own the equitable title to the land he sold Green] nor control a king- 
 dom of the east, and yet he sought to tempt the Savior of the world 
 with that ambition. It is the only parallel of this modern case [Bailey 
 and his enemies likened unto the Savior and to Satan! What blas- 
 phemy!] where these anti-Bailey men propose to elect somebody to 
 the Senate of the United States. When they get back home you will 
 find these men who voted against me declaring that they were not 
 anti-Bailey men. I have had that experience. I had it back in the 
 old fifth congressional district. They lied about me up there— not 
 as viciously as they have done down here, because that class of people 
 were incapable of this class of lyine. but they told many things that 
 were not true. Do you know how we broke them up? Why, we got 
 so that we would not let one of them go to a precinct convention. Wc 
 would not let them be elected a Justice of the Peace, and that made 
 
712 Senator J. IV. Bailey of Texas Unmasked 
 
 Christians out of them on the spur of the moment [Great indeed was 
 and is our "Captain" Coal Oil Joe]. Now let us try that on these 
 fellows. Never let them go to a convention. You cannot trust them. 
 
 We are going to line up next year. Well, we won't have any con- 
 test over the Governor, he is all right. But from the Governor down 
 — including the Lieutenant Governor. * * * It was never done be- 
 fore. It will never be done again in Texas. Mark my words for it. 
 We will teach them a lesson. He needs it. He will get it. As sure as 
 God [and Boss Bailey] lives and rules the universe. I have a letter 
 written to me before the Senate convened in which I was warned that 
 the Lieutenant Governor was going to pack the Senate Committee on 
 Investigation. He did it. I will pay him for it. // God lets me live, I 
 will pay him for it. [As a matter of fact, the outgoing Lieutenant 
 Governor who was friendly to Bailey appointed the Senate Com- 
 mittee and not the incoming Lieutenant Governor, to whom he re- 
 fers.] I owe no grudges that I have not tried to pay to my enemies. 
 * * * I warn you now. I have had some experience about these 
 things. I warn you now that the man who does not hate his enemies 
 never loves his friends — ["My dear Pierce."] They have not made 
 any more trouble for me than I have made for them. There is not a 
 grafter in the State of Texas that has not been engaged in this war on 
 me. We have been ofifering a reward [with Standard Oil money 
 — ?] for any one of them. Now, of course, I know why they think 
 I have done these things. They know they would have done them if 
 they had been in my place. [Then why not Bailey?] 
 
 They have exhausted the arts of cunning politicians; they have 
 resorted to every appeal of prejudice, to slander and to falsehood, and 
 yet in this mighty storm, raised by some bad magician, the honest 
 men outnumbered the other men in safe majority. / will not for- 
 give them tins side of the grave. 
 
 At Grand Prairie, Texas, June 29, IQ07, Mr. J. W. Bailey said: 
 "They crucified Him between two thieves, and yet the people that 
 crucified the Savior were angels compared with those devils that were 
 after me." — Dallas News, June 30, 1907. 
 
 At Cumby, Hopkins County, Texas, July 12, 1907, Mr. Bailey 
 said that 'the money changers in the Temple, who aroused the Savior 
 of men to anger, were angels of light and mercy compared with the 
 devils who were after him." Also: "That never in his life had he 
 done an act that his conscience or his judgment did not justify." — 
 Dallas News, July 13, 1907. 
 
 Then what sort of "conscience," and what character of "judg- 
 ment" must this saintly politician possess, never to have violated either 
 during the course of his whole life? "He that sayeth he sinneth not 
 is a liar and the truth is not in him." — The Scriptures. 
 
 Comparing his own experiences to those of Christ, and his "ene- 
 mies" to "devils" more vile than the beelzebubs of the Scriptures, is 
 a favorite illustration with this celebrated statesman, and in this is 
 found added proof of his indisputable claim to the designation, be it 
 
The Political Life-Story of a fallen Idol 713 
 
 said in charity, not in criticism: The Most Illustrious E^o-Maniac 
 of all History. 
 
 At Dunn's Pasture, near Hearne, Texas, July 24, (Dallas News, 
 July 25,) 1907, Mr. Bailey said, among many other things: 
 
 "Many doubtless expect that 1 have something to say about the 
 men who have been pursuing me, but I will not insult your decency 
 by that. Some of those men have been in the penitentiary and most 
 of them would be if they had their just deserts. * * * 
 
 "A committee offered to pay the expenses of any witness who 
 would swear against me, but though that committee sat for seven 
 weeks it could not find a man who would testify to any of their 
 charges. Some will tell you that the committee was packed, but I 
 don't ask you to take what the committee said about it, but take what 
 the witnesses said. They had burglars, perjurers, thieves and forgers 
 to testify, and never got one syllable against me. While they were 
 declaring I was the worst Senator that they had ever had, they were 
 proving to you that I ti-as the best Senator that the United States ever 
 had. * * * 
 
 "I have done nothing wrong, but these men have done nothing 
 right, except by accident. They are the worst crowd that ever dis- 
 graced the politics of this state. If I'd say what I want to about the 
 newspapers that are fighting me, it would burn the type. So far as 
 the others are concerned I will leave as chaff and scatter it to the four 
 winds of heaven to be forgotten. * * * 
 
 "Any man who has an income and will not devote a part of it for 
 the maintenance of the government, ought to be in hell. * * * 
 
 BAILEY, THE JUST AND WISE ( ?) . 
 
 Mr. Bailey said the liars who were talking about him were real 
 liars and not falsifiers. "When I make a mistake, I at once apologize 
 for it, but I make so few mistakes I am seldom called upon to apolo- 
 gize." * * * , , . ■ 
 
 "I am one senator whose record must be acknowledged to be just 
 and wise, and it is useless for me to defend myself. Did you ever 
 hear of any of my enemies say I ever did a foolish thing in congress 
 or ever made a foolish speech?" 
 
 Bailey again excused his anger by showing that the Savior, Jesus 
 Christ, even became angry and called the money lenders vipers. 
 'Christ would not have used that word if he had not been angry. 
 Some honest men may have doubted before the investigation, but any 
 man who continues to doubt after the investigation and persists in as- 
 sailing me, is a liar, a thief and a scoundrel.' " 
 
 Fredericksburg, Texas, August i, (Dallas News, and San An- 
 tonio Express, August 2), 1907. 
 
 Mr. Bailey said, "I would not talk politics because my words 
 would set the arbour on fire." He spoke of Christ loosing His 
 temper and scourging the money changers from the Temple, and 
 said, "Those Hebrew money changers were angels of light and 
 mercy compared to these devils who have been fighting me. 
 
714 Senator J. IV. Bailey of Texas Unmasked 
 
 Garland, Texas, Aug. 9, (Dalbs News, Aug. 10), 1907. 
 
 Referring to the Populists \^hom he claims to have "broken up in 
 business," Mr. Bailey said, "I dismiss them and turn them over to 
 their God, and he will damn them. * * * 
 
 "They tried me as by fire," he said. "I walked across the burn- 
 ing marl of their slanders of hell and there was not the smell of fire 
 about my garments when they had passed through." [But even the 
 fires "of hell" could not remove the smell of oil from his Senatorial 
 toga.] 
 
 At this point some one told Senator Bailey that a child had been 
 lost and the Senator announced to the crowd: "Some one says that 
 a little child is lost, but it is in the hands of a good Democrat and the 
 mother will get it; // one of my enemies is the father of that child, he 
 is off telling lies on me." 
 
 "A few honest men are against me, and no good women are. 
 
 "They say that public servants should not represent public ser- 
 vice corporations. I agree to that. I never represented a public 
 service corporation in my life. * * * I never lost a lawsuit in 
 my life from bottom to top, yet those fellows say I am no lawyer." — 
 Fort Worth Record, August 10, 1907. 
 
 Mineral Wells, Texas, Aug. 19th. "If the best of those devils 
 were put in my place, it would be like a mustard seed in a drinking 
 gourd. 
 
 "I will remain in the Senate longer than those devils live. 
 
 "Grain and Cockrell wrote those charges," — which is untrue. — 
 The Author, who heard him. 
 
 Bowie, Texas, Aug. 24th. In referring to Representative Cable 
 of Montague County, who voted against his exoneration, Mr. Bailey 
 said: "Cable is a dead horse; too dead to skin. It would bankrupt 
 the plan of salvation to save an infidel like him." — San Antonio Ex- 
 press, August 25, 1907. 
 
 Bowie, Texas, Aug. 24th. "As long as I am in politics, whoever 
 smites me on one cheek will find me smighting him on the other." — 
 Dallas News, August 26, 1907. 
 
 BAILEY VS. BAILEY. 
 
 just a few deadly parallti.s showing inconsistent utterances of senator 
 
 "republish." 
 To the Editor of The Chronicle: 
 
 Comanche, Texas, Jan. 21, 1907.— Mr. Bailey says that the fight that is now 
 being made upon him has narrowed down to a question of veracity, and he puts his 
 word unsupported by evidence of any character whatever against the documentary 
 evidence that has been brought to light against him. Thinking that his own speeches 
 and testimony might furnish some light on the subject of veracity, I have drawn up 
 in parallel columns a number of Mr. Bailey's utterances that, to say the least of it, 
 are very materially wanting in consistency: The senator should have a good memory. 
 — Oscar Callaway. 
 
 "I want to appeal to you today to help "The Campbells are coming." — Bailey 
 Judge Brooks to be governor of Texas, at the Dallas convention, the day before 
 for he helped me to be senator." — Bailey the balloting for governor began. He ex- 
 
The Political Life-Story of a Pollen Idol 
 
 715 
 
 {Continued from 1st column) 
 at Gainesville during the race for gover- 
 nor. 
 
 "I want nothing from the people of 
 Texas except what comes of their con- 
 fidence and their good will." — Bailey at 
 Houston. 
 
 "I have resolved a second time to lay 
 before the people of Texas my entire con- 
 nection with that affair (the re-admission 
 of the Waters-Pierce Oil Co.) and when 
 I have told it all to you, the intelligent 
 man will be amazed that so much has been 
 said when so little was done." — Bailey at 
 Houston, October 6. 
 
 "He (H. C. Pierce) went and re- 
 turned with a new charter, procuring it 
 at an expense of more than $50,000, and I 
 happen to know today that he has issued 
 written instructions to every agent in this 
 state to obey the anti-trust laws of Texas, 
 in spirit and letter." — Bailey at Waco, 
 August 8, 1900. 
 
 "Now, fellow-citizens, do we as demo- 
 crats of Texas, believe that we have fallen 
 so low as to elect a senator who sells his 
 services to corporations? I do not believe 
 that time will ever come when Texas will 
 make that mistake." — Bailey at Waco, 
 August 8, 1900. 
 
 {Continued from 2d column) 
 pressed himself as greatly surprised that 
 this statement should have been given any 
 local significance. 
 
 "There will be no investigation. * * • 
 1 am the nominee of the democratic 
 part}'." — Bailey at Graham. 
 
 "If I were collecting a fee do you reckon 
 I would have made it just $3,300? I 
 would have made it about $30,000." — 
 Bailey at Comanche, December 18. 
 
 "I do not know anything about the re- 
 incorporation of that company." — Bailey 
 in a letter to Davidson, October 3, 1906. 
 
 "After that conversation I took the 
 train. I went back to Washington, and 
 I never heard of the dissolution of the old 
 Waters-Pierce Oil Company. I never 
 heard of the organization of the new one. 
 I never heard of its application to do busi- 
 ness in this state again, until they were 
 attacking the secretary of state and the at- 
 torney general, long after it had been com- 
 pleted." — Bailey at Houston, October 6, 
 1906. 
 
 "They only claim that I have practiced 
 my profession for a corporation. Yes, I 
 have practiced my profession for a cor- 
 poration, and I intend to continue to do 
 so just as long as I believe the corporation 
 is not corrupt." — Bailey at Comanche, De- 
 cember 18, 1906. 
 
 "I had not only attended to this mat- 
 ter of the Tennessee properties for Mr. 
 Pierce, I had attended to other matters 
 for him, and, under the same circumstances 
 I would do the same thing again." — 
 Bailey at Houston, October 6, 1906. 
 
 "I want to say here and now, I make 
 no apology for what I did. If it was to do 
 over again, under the same circumstances, 
 I would do precisely the same thing." — 
 Bailey at Waxahachie, October 12, 1906. 
 
 "For myself, I propose to do as I have 
 done for 15 years. • * • If they (my 
 constituents) desire to lay down another 
 rule it is well within their right and dut>' 
 to elect somebody else to fill my place." — 
 
716 
 
 Senator J. IV. Bailey of Texas Unmasked 
 
 (Continued from 1st column) 
 
 "Mr. Crawford, you say you will vote 
 against my election to the senate. Do you 
 not know that I am the nominee of the 
 democratic party? * * * What right 
 have you to call yourself a democrat and 
 run against a democratic nominee? That's 
 exactly what you are doing." — 'Bailey at 
 Graham, December 30, 1906. 
 
 "I still say 'Mister' (referring to H'. C. 
 Pierce). I never abuse a man behind his 
 back ; what I have to say I say to his face." 
 — Bailey at Houston, October 6, 1906. 
 
 "I never accepted a fee in all my life 
 for appearing before a legislative body — 
 never accepted a fee for any service like 
 that in all my life." — Bailey at Waxaha- 
 chie, October 12, 1906. 
 
 {Continued from 2d column) 
 Bailey in an interview at Washington, Sep- 
 tember 19, 1906. 
 
 "He (Hearst, democratic nominee for 
 governor of New York), has done more 
 to corrupt democratic politicians than any 
 man who ever took part in public life. 
 They say I ought not to talk about him be- 
 cause he is the democratic nominee. He 
 is a political Ishmaelite with his hand 
 raised against every man and every man's 
 hand raised against him. He is so bad that 
 his candidacy would debase any electorate 
 and his leadership would destroy any 
 party." — Bailey at Brownwood, October 
 29, 1906. 
 
 (Some may recall that Mr. Bailey de- 
 nounced Mr. Bryan as a populist in 1896 
 after Bryan had been nominated by the 
 national convention at Chicago, of which 
 R^r. Bailey was a member, and that he re- 
 fused to be a candidate on the same ticket 
 with Bryan until his people begged and 
 wheedled him into it). 
 
 ( Read the statement given above regard- 
 ing W. R. Hearst, democratic candidate 
 for governor of New York.) 
 
 "Every man in Texas who questions my 
 personal or political integrity I denounce 
 as a liar and a scoundrel." — Bailey at 
 Dublin, December 21. 
 
 "Tell us about Gruet," said a voice. 
 
 "He's not worth talking about. He's a 
 drunkard, a vagabond, a blackmailer and a 
 thief. I might add he is the confidential 
 friend and agent of Attorney General 
 Davidson." — Bailey at Belton, Decem- 
 ber 14. 
 
 "He (Attorney General Davidson) 
 called his cabinet and conspirators about 
 him, etc." — Bailey at Belton. 
 
 "Liars," "scoundrels," "thieves," "dev- 
 ils," "hyenas," "dogs," "hounds," "social- 
 ists," "conspirators," "forgers," "traitors," 
 "the scarlet woman of Texas journalism," 
 etc., etc. — Bailey at many times and places 
 in Texas. 
 
 In March, 1901, a bill was introduced 
 in the Texas house of representatives de- 
 claring the readmission of the Waters- 
 Pierce Oil Co. a fraud and revoking its 
 license to do business in Texas. Senator 
 
Tlic Political Life-Story of a Fallen Idol 
 
 717 
 
 {Continued from 1st column) 
 "I never in my life took a fee to appear 
 before any legislative assembly or before 
 any department of this government from 
 the federal courts down. Never in my life 
 did I appear before any of them. I practice 
 law, not influence."- — Senator Bailey at 
 Houston, October b, 1906. 
 
 "I declared that whoever organized a 
 trust ought to be put in the penitentiary 
 two years before any of these small voices 
 now baying me ever heard of the subject." 
 — Bailey at Waxahachie, October 12, 
 1906. 
 
 "I have seen checks lie on his (H. C. 
 Pierce's) desk a week waiting for him to 
 sign them." — Bailey at Dublin, December 
 21. 
 
 "I helped to draw the amendment that 
 made the pipe lines of the Standard Oil 
 Company a common carrier and I included 
 the pipe lines of the Standard Oil Company 
 in that amendment which forbids the same 
 men to be engaged in production and dis- 
 tribution." — Bailey at Greenville, from 
 Dallas News, October 2. 
 
 "They say I am attorney for the Stand- 
 ard Oil Company, yet I wrote the provis- 
 ion that put pipe lines under control of 
 that rate bill." — Bailey at Greenville, from 
 Houston Post, October 2. 
 
 "I helped to make the pipe lines of the 
 Standard Oil Company common carriers 
 and to bring them under the jurisdiction 
 of the interstate commerce commission." — 
 Bailey to Crane in letter published January 
 4. 1907. 
 
 "In order to save delay that might arise 
 from his (Pierce's) neglecting to send me 
 his own check or overlooking the endorse- 
 
 {Continucd from 2d column) 
 Bailey left Washington and came to Austin 
 and did all he could to defeat the measure, 
 on the ground that, if passed, it would be 
 a reflection on him. The bill was defeat- 
 ed. Before returning to Washington, Mr. 
 Bailey wrote the following letter: 
 
 Gainesville, Texas, Aiarch 28, '01. 
 Mr. H. C. Pierce, 
 
 St. Louis, Mo.: 
 My Dear Sir: — Send me New York ex- 
 change for $1,750. Have it made payable 
 to my order so that it will not be necessary 
 for you to endorse it. Send it at once as 
 I ought to have had it several days. 
 (Signed) Your friend, 
 
 J. W. Bailey. 
 
 The amount was sent to Mr. Bailey and 
 charged on the books of the Waters-Pierce 
 Oil Company, "against legal expense on 
 account of Texas legislation." 
 
 "I want to say to the people here that I 
 have transacted many million dollars' 
 worth of business with H. C. Pierce." — 
 Bailey at Dublin, December 21. (Pierce is 
 president of the most merciless trust ever 
 organized.) 
 
 Query: What was Senator Bailey do- 
 ing in Pierce's office for a week at a time ? 
 
 "I was not certain in the first instance 
 that pipe lines ought to have been made 
 common carriers, because I freely say that 
 I had never heard any serious complaint 
 about the charges or practices of pipe lines. 
 * * * I myself, therefore, did not take 
 any part in the proposition which brought 
 them under the act." — Speech by Senator 
 Bailey in the senate, Congressional Record, 
 June 29, 1906. 
 
 Query: Which would require the great- 
 er amount of time, and which would be 
 likely to cause the greater delay, for Pierce 
 
718 
 
 Senator J. IV. Bailey of Texas Unmasked 
 
 {Continued from lit column) 
 ment of exchange, I told him to send me 
 New York exchange, at once, and to make 
 it payable to any order, so as to save the 
 necessity of his endorsing it." — Bairey in 
 reply to Davidson, December 6, 1906. 
 
 "I had no more to do with the actual 
 readmission of that company in this state 
 than Senator Looney." — Bailey at Green- 
 ville, October 1, 1906. 
 
 "He (H. C. Pierce) thanked me for 
 my assurance and said that he would be 
 glad to pay me for my trouble. I replied 
 that he could not pay me for that kind of 
 service, and then he said : 'Why, you are a 
 lawyer.' I answered : 'Yes, but that I 
 practiced law and not influence.' " — Bailey 
 before the the legislative investigating com- 
 mittee, January 21, 1901, under oath to 
 tell the truth, the whole truth, and noth- 
 ing but the truth. No mention whatever 
 is made of a loan. 
 
 By thy words thou shalt be justified, 
 and by thy words thou shalt be condemned 
 — ^Jesus. 
 
 "I tell you, that I never practiced law 
 for any monopoly a day in my life." — 
 J. W. Bailey in Crane-Bailey Debate. 
 (Houston Post, October 7, 1906.) 
 
 "I never represented the Waters-Pierce 
 Oil Company, the Standard Oil Co., or 
 any monopoly in my life. When they say 
 a man in public life has no right to practice 
 law for a trust, they raise no argument 
 with me. I not only join them, but I go 
 further. I say that no man in public or 
 private life has a right to represent a 
 
 (Continued from 2d column) 
 to sit at his desk and write his personal 
 check or to go to the bank and purchase 
 New York exchange? Was it delays or 
 Pierce's name on the paper that Senator 
 Bailey was seeking to avoid ? 
 
 "I am proud to have brought this great 
 corporation to the feet of the attorney gen- 
 eral of Texas." — Bailey at Waco, August 
 8, 1900. 
 
 "When H. C. Pierce asked me to in- 
 tercede with the attorney general in be- 
 half of his company, and 1 agreed to do so, 
 he offered to pay me for the service and I 
 declined to receive any pay upon the 
 ground as I have stated above, that the 
 only service which I intended to render 
 was a friendly and not a legal one, and 
 was not, therefore, such a service as a 
 lawryer, with my views of his profession, 
 would accept compensation for performing. 
 He asked if I was not a lawyer and I told 
 him that I was, but that I was one of the 
 kind who practiced law and not influence. 
 I told him, however, that I was then on 
 my way to Kentucky for the purpose of 
 selling some horses to raise a sum of money 
 that I needed, but that, in view of a politi- 
 cal situation which would bring me back 
 to Texas and which I had already ex- 
 plained to him when I told him that I 
 would speak to the attorney general while 
 here, I might not have time to dispose of 
 the horses while in Kentucky, and I told 
 him * * * that if he would be willing 
 to take my obligation and allow me to pay 
 it with interest I would consider the loan 
 of $3,300 a favor." — Bailey in reply to 
 Davidson, December 6, 1906. 
 
 (But surely Senator Bailey himself is 
 not the "Liar" of this campaign.) Follow 
 his words: 
 
 The Witness Bailey: 
 
 Question: On yesterday you testified 
 that the Standard Oil people sought your 
 opinion touching the right of that concern 
 to do business in Texas? 
 
 Answer: (By Bailey) Yes, sir. 
 
 Question: About what time was that? 
 
 Answer: (By Bailey) That was in 
 1901. 
 
 Question : Do you know where you 
 were when you wrote that opinion? 
 
The Political Life-Story of a Fallen Idol 719 
 
 (^Continued from 1st column) {Continued from 2d column) 
 
 trust." — J. W. Bailey in Fort Worth Rec- Answer: (By Bailey) \'essir; I was 
 
 ord, October li, 1906. in Washington. 
 
 Question: Did you charge them any- 
 thing for that opinion? 
 
 Answer: (By Bailey) Twenty-five hun- 
 dred dollars. — Investigation Committee 
 Report pp. 943-44, Feb. 22, 1907. 
 
 Then did Bailey represent the Standard He said he didn't and he said he did . 
 
 Oil Company or not ? Take your choice. 
 
 Mr. Bailey is also authority for the pro- "If the people of Texas think I am 
 
 position that "a man who will tell a lie, a liar, they ought not to have me in the 
 
 will swear to it." (Is it possible that he Senate." — J. W. Bailey at Proctor, Texas; 
 
 speaks from experience?) S. A. Express, December 23, 1906. 
 
 At Cumby, Texas, July 12th, 1907 (Dallas News, July 13th), in 
 a public address Bailey used these words: "I never did anything in 
 my life that both my conscience and my judgment did not justify." 
 
 To this let the Scriptures reply: "He that sayeth he sinneth not 
 is a liar and the truth is not in him." "If we confess our sins. He 
 [Christ] is faithful and just to forgive us our sins, and to cleanse us 
 from all unrighteousness. // we say that we have not sinned, we 
 make Him a liar, and His word is not in us." 
 
 Lufkin, Texas, April 4, 1908 (Houston Chronicle, April 5th.) : 
 "I never in all my life saw a bill defeated by a speech but once, and 
 I made the speech that defeated that bill. * * * It was a law * 
 * * that practically restored the hateful doctrine of the middle ages 
 that permitted a man to be imprisoned for debt. [It should not have 
 required much of a speech to kill that sort of a bill.] 
 
 "You could send any one of my enemies down to the Senate and 
 not in a thousand years would such a man make a speech that would 
 kill a bill. He would rattle around in my place like a mustard seed 
 in a half bushel measure. 
 
 "You want men of ability in the Senate. You don't want rascals, 
 and you don't want fools, but as between the two I would prefer a 
 rascal, because you can reform a rascal, but only a miracle from 
 heaven can cure the folly of a fool. I believe that Culberson was 
 honest, but I am sure that he was mistaken." 
 
 The Senator declared that no man was his master; that not even 
 the sovereign people of Texas are his masters; that he has but one 
 master, and from that source on high he "receives commands written 
 in mysterious characters." 
 
 Summed up the Senator's great campaign speech was onc-iourth 
 confession, one-fourth evasion of the issue, one-fourth abuse of his 
 enemies, and one-fourth braggadocio. ^u ^t n 
 
 Greenville, Texas, April 22nd. (StafY Special to The News): 
 *'Now they are being asked to vote against the tallest and cleanest 
 Democrat in the party. 
 
720 Senator J. IV. Bailey of Texas Unmasked 
 
 "If the Savior of the world were to come down here and testify 
 for me they would cry out crucify him. 
 
 "May God have mercy on the souls of liars. 
 
 "In the years to come the men who slander me today will be for- 
 gotten or if they are remembered only to be despised. But the serv- 
 ices which I have rendered to this State and people will be cherished 
 through all the years to come, and your children shall be taught to 
 point to my life as an example of fidelity to every trust committed 
 to me." 
 
 Greenville, Texas, April 21, 1908 (Dallas News, April 22nd.) : 
 "We will bury our enemies in camphored ice with their faces upward 
 to preserve them for future punishment." 
 
The Political Life-Story of a Fallen Idol 721 
 
 ANTIDOTES FOR BAILEYISM. 
 
 Silence, when nothing need be said, is the eloquence of discretion. 
 — Bovee. 
 
 Sincerity is the face of the soul, as dissimulation is the mask. — 
 S. Dubay. 
 
 Sincerity, a deep, genuine, heart-felt sincerity is a trait of true 
 and noble manhood. 
 
 Inward sincerity will of course influence the outward deport- 
 ment; where the one is wanting, there is great reason to suspect the 
 absence of the other. — Sterne. 
 
 If evil be said of thee, and it is true, correct it; if it be a lie, laugh 
 at it. — Anon. 
 
 Sophistry is like a window curtain — it pleases as an ornament, 
 but its true use is to keep out the light. — Anon. 
 
 Some men weave their sophistry till their own reason is en- 
 tangled. — Johnson. 
 
 A superior man is modest in his speech, but excells in his ac- 
 tions. — Confucius. 
 
 The really brave man says nothing about it. — Tfie Aut/ior. 
 
 True statesmanship is the art of changing a nation from what it is 
 into what it ought to be. — IF. R. Alger. 
 
 The worth of a state, in the long run, is the worth of the individ- 
 uals composing it. — J. Stuart Mill. 
 
 Statesman, yet friend to truth! of soul sincere in action faithful, 
 and in honor clear, who broke no promise, served no private end, 
 who gain'd no title, and who lost no friend; ennobled by himself, by 
 all approved, praised, wept, and honored. — Pope. 
 
 It is a dark sign when the owner is seen to be growing poor, and 
 his steward is found to be growing rich. — Spencer. 
 
 From the sublime to the ridiculous there is but one step. — 
 Napoleon. 
 
 Speaking much is a sign of vanity; for he that is lavish in words, 
 is a niggard in deed. — Sir W. Raleigli. 
 
 Men who have had a great deal of experience learn not to lose 
 their tempers. — V. Cherbuliez. 
 
722 Senator J. W. Bailey of Texas Unmasked 
 
 A noble heart, like the sun, showeth its greatest countenance in its 
 lowest estate. — Sir P. Sidney. 
 
 Of all bad things by which mankind are curst, their own bad tem- 
 pers surely are the worst. — Cumberland. 
 
 The man who threatens the world is always ridiculous; for the 
 world can easily go on without him, and, in a short time, will cease 
 to miss him. — Johnson. 
 
 Those that are the loudest in their threats are the weakest in the 
 execution of them. — Colton. 
 
 Time will bring to light whatever is hidden. — Horace. 
 
 The man was noble; but with his last attempt he wiped it out; 
 betrayed his country; and his name remains to the ensuing age ab- 
 horred. — Shakespeare. 
 
 Treason and murder are ever kept together, as two yoke-devils, 
 sworn to cither's purpose. — Shakespeare. 
 
 The withholding of truth is sometimes a worse deception than a 
 direct misstatement. — The Author. 
 
 Truth is always consistent with itself, and needs nothing to help 
 it out; it is always near at hand and sits upon our lips, and is ready 
 to drop out before we are aware; whereas a lie is troublesome, and 
 sets a man's invention on the rack, and one trick needs a great many 
 more of the same kind to make it good. — Tillotson. 
 
 The coward is the loudest crovver. — The Author. 
 
 "There is nothing," says Plato, "so delightful as the hearing or 
 the speaking of truth" — for this reason there is no conversation so 
 agreeable as that of the man of integrity, who hears without any in- 
 tention to betray, and speaks without any intention to deceive. — 
 Sherlock. 
 
 He that finds truth, without loving her, is like a bat; which, 
 though it have eyes to discern that there is a sun, yet hath so evil eyes, 
 that it cannot delight in the sun. — Sir P. Sidney. 
 
 He that would make a real progress in knowledge, must dedicate 
 his age as well as youth, the later growth as well as the first fruits, on 
 the altar of truth. — Berkeley. 
 
 To thine own self be true, and it must follow, as the night the 
 day, thou canst not then be false to any man. — Shakespeare. 
 
 Truth is the handmaid of justice; freedom is its child; peace its 
 companion; safety walks in its steps; victory follows in its train. — 
 It is the brightest emanation from the gospel — it is the attribute of 
 God. — Sydney Smith. 
 
The Political Life-Story of a Fallen Idol 723 
 
 The first and last thing which is required of genius is the love of 
 truth. — Goethe. 
 
 There is small chance of truth at the goal, where there is not a 
 childlike humility at the starting post. — Coleridge. 
 
 Truth provokes those it does not convert. — Bp. IFilson. 
 
 The greatest friend of truth is time; her greatest enemy is preju- 
 dice; and her constant companion is humility. — Colton. 
 
 Truth is established by investigation and delay; falsehood pros- 
 pers by precipitancy. — Tacitus. 
 
 He that opposes his own judgment against the consent of the 
 times ought to be backed with unanswerable truths; and he that has 
 truth on his side is a fool, as well as a coward, if he is afraid to own 
 it because of other men's opinions. — De Foe. 
 
 Error always addresses the passions and prejudices; truth scorns 
 such mean intrigue, and only addresses the understanding and con- 
 science. — Azel Backus. 
 
 While you live, tell the truth and shame the devil. — Shakespeare. 
 
 Search for the truth is the noblest occupation of man; its publica- 
 tion is a duty. — Mad. de Stael. 
 
 Truth crushed to earth will rise again; the eternal years of God 
 are hers; but error wounded writhes in pain, and dies amid her wor- 
 shippers. — Bryant. 
 
 Seize upon truth, wherever it is found, amongst your friends, 
 amongst your foes, on Christian or on heathen ground; the flower's 
 divine where'er it grows. — Watts. 
 
 Tyrants and oppressors, when living, are the terror of mankind; 
 but when dead, they are the objects of general contempt and scorn. 
 The death of Nero was celebrated by the Romans with bonfires and 
 plays; birds ate the naked flesh of Pompey; Alexander lay unburied 
 thirty days ; but a useful and holy life is generally closed by an honor- 
 able and lamented death. — Anon. 
 
 A tyrant never tasteth of truth, friendship, nor of perfect lib- 
 erty. — Diogenes. 
 
 Tyrants forego all respect for humanity in proportion as they are 
 sunk beneath it. Taught to believe themselves of a dififerent species, 
 they really become so, lose their participation with their kind, and 
 in mimicking the god dwindle into the brute. — Hazlitt. 
 
 Of all the evils that infest a state, a tyrant is the greatest; his sole 
 will commands the laws, and lords it over them. — Euripides. 
 
 II-IS 
 
724 Senator J. IV. Bailey of Texas Unmasked 
 
 There is but one virtue — the eternal sacrifice of self. — George 
 Sand. 
 
 Brilliancy when coupled with baseness is the strongest combina- 
 tion for evil. — The Author. 
 
 A money-lender. He serves you in the present tense; he lends 
 you in the conditional mood; keeps you in the subjunctive; and ruins 
 you in the future! — Addison. 
 
 Every man has just as much vanity as he wants understanding. — 
 Pope. 
 
 Vanity keeps persons in favor with themselves, who are out of 
 favor with all others. — Shakespeare. 
 
 Nothing is so credulous as vanity, or so ignorant of what becomes 
 itself. — Shakespeare. 
 
 Vanity makes men ridiculous, pride odious, and ambition terrible. 
 — Steele. 
 
 When a man has no longer any conception of excellence above 
 his own, his voyage is done; he is dead; dead in the trespasses and 
 sins of blear-eyed vanity. — H. IV. Beecher. 
 
The Political Life-Story of a Fallen Idol 725 
 
 CHAPTER XXXI. 
 AN ADDRESS TO THE PEOPLE OF TEXAS. 
 
 (The following Address to the People of Texas was prepared by a Committee 
 appointed for that purpose by the Anti-Bailey element of the 30th Legislature towards 
 the close of the Session. The Committee consisted of Col. C. H. Jenkins, Judge 
 John M. Duncan and \Vm. A. Cocke. The Address is self-explanatory and is as 
 follows) : 
 
 We have not sooner replied to Senator Bailey's abuse because to 
 have done so, while the Legislature was in session, might have created 
 such friction as to have seriously impaired the usefulness of that body 
 but now that our labors are ended, due respect for the opinion of 
 those we represent, impels us to issue this address. 
 
 Our vote to defer his re-election involved the question of our 
 political duty and has no connection with our vote against the major- 
 ity report of the Investigating Committee; those who voted for his 
 re-election might have consistently voted against said report, and 
 those who voted to defer his re-election might with equal consistency 
 have voted for said report; the vote on the report was simply a mat- 
 ter of individual judgment of the facts after the evidence was heard. 
 
 We never doubted but that it was our duty to vote for Senator 
 Bailey, if nothing had occurred after the primary endorsement, 
 which if known before, would have caused the people to repudiate 
 such endorsement. We did know when the vote was taken that since 
 the primary, charges had been made against Senator Bailey in the 
 press and on the stump of such a character that, if true, no honest 
 constituency would want him to represent them. We did not know 
 whether these charges were true or false. Under a similar state of 
 affairs Senator Bailey himself had said in the United States Senate 
 referring to Senator Burton, speaking of the rule in the Senate and 
 comparing it with the rule in a court of justice: 
 
 "The rule is different here from that which prevails in the 
 courts. There, as a safe-guard to the liberty of the citizen, he must 
 have his guilt established beyond a reasonable doubt; here the rule 
 ought to be that he must free himself from appearance of wrong do- 
 ing beyond a reasonable doubt. 
 
 "Mr. President, we cannot afford to be too tender with these 
 questions. I would be the last man here or elsewhere, to stain an 
 honorable man by even proposing an unjust inquiry; but Senators 
 who do behave themselves ought not to rest under shadow of a sus- 
 picion cast upon the Senate by those who do not behave themselves." 
 (Congressional Record, 190:;, pp. 497-i;oi.) 
 
 We endorse Senator Bailey's views as thus expressed. His 
 friends had been forced to pass a resolution favoring a full and fair 
 
726 Senator J. IV. Bailey of Texas Unmasked 
 
 investigation. Cliarges of the gravest character had been legally 
 filed, and a committee appointed to sit as a "high court of inquiry" 
 to hear the evidence for the express purpose of determining whether 
 or not Mr. Bailey was a proper person to be elected to the United 
 States Senate. No evidence had been heard when the vote was 
 taken. Ought we under these circumstances to have voted for his 
 election and then heard the evidence to determine whether or not we 
 had voted right? 
 
 This is the issue, and the only one involved in our vote on the 
 election of a United States Senator. We submit to the intelligence 
 and the candor of the people of Texas as to whether or not we ought 
 to have rendered our verdict in a case that we were solemnly pledged 
 to try upon the evidence, before any evidence had been heard. 
 Such course would justly have been regarded as a farce in any court 
 in the land. 
 
 Had Senator Bailey's friends, instead of resorting to dilatory 
 tactics, promptly passed the resolution for an investigation, which 
 they finally passed, and had Senator Bailey taken the stand as the first 
 witness, as the complainant asked him to do, and had he frankly told 
 all that he was forced to admit in the end, the investigation could 
 easily have been completed before the time arrived for the election 
 of a United States Senator. In that event no witnesses would have 
 been needed except the books of the Waters-Pierce Oil Company, 
 about which he claimed to be ignorant, and Findlay, Naudain and 
 Hutchison to prove up the books and the vouchers. When you read 
 the evidence, which is to be printed, you will see that Mr. Bailey ad- 
 mitted the correctness of all of the material evidence, and that he did 
 not finally dispute the genuineness of the vouchers, although he had 
 previously denounced them as forgeries all. 
 
 Senator Bailey, however, did not see proper to pursue this 
 course. The day arrived to begin voting for United States Senator; 
 we were compelled by law to begin voting, but were not compelled to 
 elect on that day. Had a majority of the Legislature scattered their 
 votes, the election could have been legally postponed until the testi- 
 mony was taken. This is what we sought to do. We distinctly an- 
 nounced that we were not voting against Mr. Bailey but were voting 
 to postpone the election; we thought we were doing right. We do 
 not impugn the motives of members who took a different course, but 
 now that there has been time for calm reflection, we submit our ac- 
 tion in this matter to the candor and intelligence of an honest con- 
 stituency with confidence that it will be approved by you, without 
 regard to what you may think the evidence afterwards taken did or 
 did not establish. Once having elected Mr. Bailey we had no 
 power to recall his election. Not even the United States Senate pos- 
 sibly has any power to impeach him for anything done by him before 
 his election. His election by us meant a complete immunity bath for 
 all past ofJenses. A judgment from which the people had no appeal. 
 
The Political Life-Story of a fallen Idol 727 
 
 THE MAJORITY REPORT. 
 
 Senator Bailey asserted that there was not only nothing wrong in 
 anything that he had done, but that there was no impropriety in it. 
 He asserted that he expected to continue to do in the future as he had 
 in the past, and said if the people did not like it they would have to 
 get another Senator. The majority report fully endorsed his posi- 
 tion; we could not conscientiously endorse this report. 
 
 HIS ADMISSIONS. 
 
 He admitted that he had rendered official services to all the par- 
 ties mentioned in the charges, of pecuniary value to them, for uhich 
 the law did not allow him to charge, and that he had either borrowed 
 money from every one of them or they had endorsed his note or 
 otherwise assisted him financially. Evidence of these transactions 
 appeared in the books of various banks. The opponents of any pub- 
 lic man, under such circumstances might charge that these transac- 
 tions while in the form of loans were in fact fees. A man under 
 such circumstances will naturally rely upon his own statement and 
 the statement of any other party to the transaction to prove his inno- 
 cence. Of course both parties to a criminal transaction will naturally 
 deny criminal intention. 
 
 Was there no wrong in Senator Bailey, as the representative of 
 the people, putting himself in this position? He admitted, for ex- 
 ample, that he executed his note to John W. Gates for $28,100 and 
 that Gates had sought and obtained with his assistance Congressional 
 aid for Port Arthur in which Gates was largely interested. Mr. 
 Bailey said this note was given in part for horses. Was there no 
 wrong in a United States Senator buying $28,100.00 worth of horsc3 
 on a credit from such a man as Gates, under such circumstances? 
 Are you willing to say to your Board of Pardons "borrow money 
 from those who are seeking pardons for their friends;" or to your 
 Railroad Commissioner, "borrow money from the Railroad Com- 
 panies and if anybody finds it out, tell us that you paid it back and we 
 will endorse your action?" If not, you surely would not have your 
 representatives to say by their vote that there was no wrong in such 
 acts by Senator Bailey. Remember that the Scriptures saith : "The 
 rich ruleth over the poor and the borrower is servant to the lender." 
 He admitted borrowing $^,300.00 from H. C. Pierce the first 
 day they met by telegraphic appointment after having tendered his 
 friendly services to get his outlawed company back into Texas; that 
 he knew that this Company had been ousted from Texas for violating 
 the anti-trust laws of Texas, and that Pierce himself was under in- 
 dictment at JVaco for this offense. He says that he took the word of 
 this stranger and out-law, that his company was not a trust, and that 
 after learning from the Attorney General that the judgment could 
 not be avoided he advised Pierce to dissolve his corporation and or- 
 ganize a new one and continue the same business without even chang- 
 ing the name on his wagons. This was nothing but legal legerde- 
 main to circumvent the judgment of our court, and the Travig 
 
728 Senator J. IV. Bailey of Texas Unmasked 
 
 County jury so said in its verdict of $1,623,900 against the Company, 
 covering every day since Bailey interceded for it. 
 
 He admits that subsequently he borrowed from Pierce at one 
 time $1,500.00, at another time, $8,000.00 and that this last loan was 
 increased to $24,000,00. He was uncertain as to how this money 
 was re-paid — partly in legal (?) services. He admitted that he bor- 
 rowed $156,000 in New York on Pierce's endorsement. It was 
 shown that $1,650,000.00 of the stock of the Kirby Lumber Company 
 was disposed of by Mr. Bailey to Yoakum, Pierce, and Campbell, 
 representing certain railway interests at $75.00 per share when said 
 stock had no market value and could not have been worth at most, in 
 the hands of any one other than a United States Senator, more than 
 Thirty to Forty Dollars per share. This suggests the use of official 
 influence rather than legal talent. 
 
 Mr. Bailey admitted that he had been paid about $150,000 by the 
 Kirby Lumber Company. He refused to disclose his fee in the Ten- 
 nessee Railroad matter, but claimed that there was only $7,000,000 
 of these securities and that he voluntarily remitted one-half of the fee, 
 which was shown otherwise to be 33^ per cent. This would make 
 his fee in that transaction $122,000.00. The full 35^ per cent on the 
 amount which Pierce, in the Missouri case, said was turned over to 
 him ($13,000.00) would be $455,000.00, but we are discussing the 
 case upon Senator Bailey's testimony alone. He said that Pierce 
 had paid him, at other times, as much as $30,000.00 to $40,000.00. 
 He admitted finally, after frequently denying any employment, that 
 he received $2,j00 from the Standard Oil Company for a legat 
 opinion, and $5,000 from the Security Oil Company for writing a 
 charter and a mortgage and assisting in its organization. 
 
 Mr. Bailey also admits having borrowed $153,000.00 from H. C. 
 Pierce on another occasion with which to purchase the Southwestern 
 Oil Company, and we think the record conclusively shows that the 
 object of this purchase was to tnake money for Air. Bailey and also 
 to eliminate another competitor of the JVaters-Pierce Oil Company 
 in Texas. Is there no wrong in a man who is engaged in the service 
 of the people at $5,000 annually engaging in the service of trust mag- 
 nates and borrowing monev and receiving pay from them for such 
 services as these? Senator Bailey admitted these facts only after they 
 were conclusively proven. 
 
 THE BOOKS AND VOUCHERS. 
 
 Senator Bailey finally had to admit that all of the vouchers were 
 genuine, but claimed that some of the notations had been improperly 
 made; the books, as well as the vouchers, were conclusively proven 
 up by Johnson, Findlay, Naudain and Hutchison, officers and book- 
 keepers of the Waters-Pierce Oil Company. These showed that the 
 $3,300, the $1,500, the $200, the $1,750, and the $8,000 advanced by 
 Pierce to Senator Bailey, had been repaid to Pierce by the Waters- 
 Pierce Oil Company, charged to Bills Receivable or credited to legal 
 
The Political Life-Story of a Fallen Idol 729 
 
 expenses, then charged off to profit and loss, as was their custom to 
 charge all such items and expenses, and that not a dollar of this money 
 had ever been repaid to the Company. These vouchers were all au- 
 dited, not only by the auditors of the Waters-Pierce Oil Company, 
 but also by the auditors of the Standard Oil Covipany. The books 
 and vouchers, in addition to the amounts above named, show $200 on 
 account of legal expenses and $1,750 on account of Texas Legislation. 
 Senator Bailey admits getting these amounts but claims that the 
 $1,750 was a part of the $8,000 loan, and that the $200 was for his 
 expenses on trip to New York to see Pierce. 
 
 Mr. Bailey admitted his activity in assisting in the defeat of cer- 
 tain legislation in 1901, inimical to the interests of the Waters- 
 Pierce Oil Company. This was simultaneous with the $8,000 loan 
 or fee, as the case may have been, and out of which grew the $24,000 
 loan or fee? The letters, vouchers and notations bearing on this item 
 indicate that this amount was paid directly to Mr. Bailey by the Wa- 
 ters-Pierce Oil Company by exchange purchased from the Fourth 
 National Bank of St. Louis. Mr. Bailey denied that he returned this 
 money, as stated in Pierce's letter, or that he ever received this or 
 any other amount directly from the Waters-Pierce Oil Company. 
 Had the majority of the Committee permitted the sub-committee to 
 visit St. Louis and examine the Bank books and the letter files of the 
 Company, this point could have been settled. 
 
 THE $1,500 DRAFT. 
 
 The statement that Senator Bailey, in his speeches, denied ever 
 having drawn any draft for $1,500 on the Waters-Pierce Oil Com- 
 pany or H. C. Pierce or any one else in favor of Henry & Stribling, 
 or Stribling or any one else may be technically correct, but it is cer- 
 tainly true, and he must have known, that people believed, from the 
 language that he used, that he intended to make such denial. The 
 legal notice served by the Attorney General on the Attorneys of the 
 Waters-Pierce Oil Company, showed that he did not have this draft 
 in his possession. 
 
 When the vouchers were brought into the House of Representa- 
 tives before the investigation began, Senator Bailey, in a speech pick- 
 ing up this voucher said, "This voucher says draft attached; where 
 is the draft? If there had been any draft they would have stolen that 
 when they were stealing those other papers." This language could 
 convey no other meaning than that Air. Bailey pretended no draft 
 had ever been attached to this voucher, and that, if any draft signed 
 by him had ever been attached, it was a forgery. 
 
 The undisputed evidence as to this voucher was as follows: In a 
 conference getween Stribling and Pierce at Waco about the first of 
 May, 1900, at which Mr. Bailey was present, Stribling wanted 
 Pierce to pay a fee of $3,000. This CuUen Thomas spurned with pa- 
 triotic contempt. On June fifth, Judge Clark wrote to J. D. John- 
 son, General Attorney ' for the Waters-Pierce Oil Company, that 
 
730 Senator J. IV. Bailey of Texas Unmasked 
 
 Stribling was threatening to ask. for a receiver. On June i2th, Pierce 
 wired to Findlay from his summer resort in Michigan, "// Johnson 
 approves, authorize Bailey to loan Stribling $1,300 on his note; 
 Bailey should quiet all Texas parties. Tell him I will see him soon." 
 Findlay wrote on this telegram: "S D drawn by Bailey for $1 ,500." 
 On June 13th Mr. Bailey drew from Gainesville a draft on 
 Pierce for $1,500; on June i .5th the voucher was made out in favor of 
 Henry & Stribling for $i,';oo with draft attached. On November 
 17th, about which time Mr. Bailey admits he was in St. Louis, 
 Naudain made the following notation on this voucher: "Draft de- 
 livered to Mr. Pierce by Mr. Gruet," and had Gruet attest the same. 
 Pierce's receipt for $ i ,500 was substituted for the draft. On Novem- 
 ber 22nd this draft was delivered by Pierce to Governor Francis, and 
 on the same day, as per Francis' letter book, was sent to Mr. Bailey 
 at Washington. The draft itself not being produced by Mr. Bailey, 
 it is impossible to tell for what account is was drawn. On June i6th 
 Johnson wrote Clark that he had quieted Stribling for the present. 
 The Cashier of the Red River National Bank produced two leaves 
 cut from a ledger showing that said Bank cashed this draft, and that 
 about $520 was applied to an overdue indebtedness of Mr. Bailey to 
 the Bank, and that the remainder was drawn out at several diflferent 
 times by Mr. Bailey. Mr. Bailey met both Henry & Stribling at 
 Austin June 21st after drawing on Pierce June 13th. Perhaps he 
 "quieted" them some other way? 
 
 PRACTICING LAW, 
 
 Mr. Bailey says that his enemies condemn him for practicing law. 
 The evidence shows that in all of the transactions for which he re- 
 ceived such large sums, the only pretense at practicing law was that 
 John H. Kirby employed him to get a settlement with Pat Calhoun 
 without a suit, Kirby claiming that Calhoun had a large amount of 
 the stock of the Kirby Lumber Company, and that he refused to sur- 
 render the same. Also that Bailey advised the Kirby Lumber Com- 
 pany to refuse to pay on a stumpage contract, and that, acting iipon 
 said advice, the Company was thrown into the hands of a receiver, 
 and that his name had been signed to some pleadings in Houston in 
 what were apparently friendly suits between Kirby's various corpo- 
 rations. 
 
 He secured the settlement with Calhoun by paying him $156,- 
 000 which the Kirby Lumber Company owed him. He borrowed 
 the money in New York upon Pierce's endorsement and sold the 
 stock to Pierce, Yoakum and Campbell of St. Louis, the owners of 
 the 'Frisco Railroad. Kirby claims that he negotiated these sales; 
 Yoakum testified that they were made by Bailey alone; Kirby's 
 books show that Bailey got the commission. Is there no wrong in a 
 United States Senator acting as a broker for the sale of stock in a 
 trust corporation to railroad magnates at more than double their 
 admitted value? 
 
The Political Life-Story of a Pallcn Idol 731 
 
 THE TENNESSEE RAILROAD MATTER. 
 
 Senator Bailey testified that he was first employed to inspect the 
 ties, rails, bridges and other physical properties of the road, and re- 
 port on the same, and that he was afterwards employed to sell the 
 road. That he had sold an option on the road, a part of it to the 
 Southern Ry. Co., and a part of it to the Illinois Central. Is there no 
 wrong in such employment by a United States Senator? 
 
 Between the trusts and the people there is a gulf as broad as that 
 which separated Dives from Lazarus. We do not believe that a 
 man can serve the one and sympathize with the other. "The ox 
 knoweth his owner's stall and the ass his master's crib," was not 
 written primarily in reference to dumb beasts, but to illustrate a 
 phase of human nature. It was announced by the Son of God when 
 He said, "Where a man's treasure is, there will his heart be also." 
 We could not vote for a report which, in effect, endorsed the con- 
 duct of the people's servants entering the service of trust magnates, 
 the enemies of the people, and receiving from them hundreds of 
 thousands of dollars. For our failure to do so, we have been threat- 
 ened by a bully and denounced by a boaster and the people 
 have been called upon to take his part against their representa- 
 tives who tried, as they saw it, to purify the public service and to 
 protect the fair name of Texas from further reproach brought upon 
 it by the conduct of Mr. Bailey. 
 
 HIS CONGRESSIONAL RECORD. 
 
 But, say the partisans of Senator Bailey, however improper such 
 conduct may have been in others, his record in Congress shows that 
 he is the champion of the people, and the foe of the trusts. With 
 such bravado has this assertion been made by Senator Bailey and 
 too often has it been repeated by his partisans, that many uninformed 
 people believe it to be true. On this subject they deal in generali- 
 ties; ask them for particulars and they are painfully silent. Sen- 
 ator Bailey was given an opportunity while he was on the witness 
 stand to furnish a bill of particulars. He was asked to state what 
 he had done in Congress since he met Mr. Pierce in April, 1900, 
 which, from his standpoint, was against the interest of Standard 
 Oil, and its "system." He named his vote for denatured alcohol 
 and his transportation amendment to the rate bill. Upon further 
 examination he admitted that it was not probable anybody in 
 Texas would be able to manufacture denatured alcohol under the 
 bill as it passed, and that for ought he knew to the contrary. Stan- 
 dard Oil might make more money out of selling wood alcohol and 
 benzoine for denaturing purposes, than it could have made had the 
 bill not been passed. 
 
 It was found necessary, in the interest of independent manufac- 
 turers, for the last Congress to amend Mr. Bailcv's denatured alco- 
 hol bill to take the industry out from under Standard Oil monopoly 
 
732 Senator J. W. Bailey of Texas Unmasked 
 
 and we find the Standard Oil Senators fi^htin^ to keep the bill as 
 Bailey had written it. 
 
 On the rate bill he admitted that though it was generally con- 
 ceded that Standard Oil had friends in the Senate, the amendments 
 making the pipe lines common carriers, passed unanimously. He 
 then admitted that Standard Oil had crushed opposition, and built 
 up a monopoly by means of railroad rebates; that, under the rate 
 bill, two or more common carriers transporting the same product, 
 could agree between themselves as to a division of freight; that, 
 under this law, if the freight rate for oil between given points was 
 25c, thus making the rate on both pipe line and railroad 50c; but 
 the pipe line, being a common carrier, could agree with the railroad 
 to divide the whole rate so that the pipe line would take 40c and the 
 railroad loc. In other words, by virtue of this bill, the Standard 
 Oil could get its oil hauled for loc over the railroad when it would 
 cost its competitor 25c for the same haul. That is to say, this bill, 
 for which Bailey claims great credit, legalizes rebates to the Stand- 
 ard Oil and allows them to do now by taw what formerly it did in 
 violation of law. 
 
 At this point in the examination. Senator Bailey said that his 
 freight rate amendment was the remedy for evils of this kind. He 
 explained that this amendment would not allow any common carrier 
 corporation to transport the products of any producing corporation 
 in which it owned stock. He said it forced an absolute divorce- 
 ment of transportation and production companies, and crushed 
 Standard Oil monopoly; that it would force the Tennessee road, on 
 which he had sold an option, to give up its coal mines, and the 
 'Frisco for whom Pierce and his associates had bought the Kirby 
 Lumber Stock, to surrender same. He was asked if Senator Elkins, 
 whose railroad owns coal mines, was not the first to introduce an 
 amendment of this kind, and he admitted that it was true. He was 
 asked if there was anything to prevent Senator Elkins from organiz- 
 ing a coal company, owning practically all of its stock, and have his 
 coal company sell coal to his railroad company? And if the Rock- 
 efeller's pipe line corporation could not legally carry the oil of 
 Rockefeller's Oil Corporation? He said yes but that a law to the 
 contrary would be unconstitutional. 
 
 Thus we see that the only two things that this self-styled foe of 
 Standard Oil claims he had done, since he began borrowing money 
 from the president of one of its companies, are the very things that 
 Standard Oil probably wanted done. 
 
 The purpose of this address is simply to state some of the facts 
 which influenced us in our votes, and we want our constituents to 
 know that we knew from Senator Bailey's own testimony that his 
 boasted record in Congress, as the champion of the people, was 
 without foundation. We have stated only some of the more impor- 
 tant facts involved. There are many other facts and arguments that 
 might be offered. 
 
HON'. JEFF. D. COX, 
 Of Rockwall. 
 
 One of the many members of the 30th Legislature of Texas into 
 whose district Boss Bailey said he would go and defeat their return, or 
 their aspirations ever again "to hold an office in Texas." 
 
The Political Life-Story of a Fallen Idol 733 
 
 BAILEYISM. 
 
 We have no fight to make at the present time on Mr. Bailey per- 
 sonally, but we do propose to fight Baileyisvi, which means "Doss- 
 ism." He announced in his speech in the House of Representatives 
 immediately after his election, that henceforth no man who was op- 
 posed to him should be elected to office in Texas, not even as a del- 
 egate to a precinct convention. No such arrogant boss has ever ap- 
 peared in American politics. Piatt, Quay and Hanna, and other 
 bosses, have been content to stand behind the curtains and pull the 
 strings, but this man, with the arrogance of a bar-room bully, claims 
 that he will now mount the box, seize the lines, crack the whip, and 
 drive the coach of state to suit himself. We do not think the Dem- 
 ocrats of Texas are ready for a boss; we do not believe that they will 
 submit to one. On this issue we accept the Senator's gage of battle 
 and now and here proclaim war on every man who attempts to 
 thrust Bailey's personality and Baileyism into the politics of Texas. 
 We ask every man who is in favor of the people as against the ma- 
 chine, who puts loyalty to principle above loyalty to a man, who 
 places liberty of patriotic action above the dictation of a self-con- 
 stituted political charlatan to join us in this righteous contest. 
 
 A FINAL HATE SPEECH. 
 
 WHAT SENATOR BAILEY SAID IN HIS HOME TOWN. 
 
 Special to the Chronicle: 
 
 Gainesville, Texas, March 30, 1908. Here are some of the 
 choice morsels from his impromptu address at this place: 
 
 "I appeal to my friends to register in their memory every man 
 who has not supported me in this contest. If any of them ever bob 
 their heads up for office, I appeal to my friends to defeat thenri. 
 
 "I appeal to my friends to make it impossible for my enemies to 
 exist in this town or country. I appeal to my friends to hate, and to 
 continue to hate, every man who has opposed me. 
 
 "I stated in that skating rink (pointing to where the rink stood 
 until destroyed by fire last Sunday) that I would drive my enemies 
 into the gulf. / propose to subject them to a fire three times as hot 
 as the fire that destroyed the skating rink." 
 
 DEMOCRACY VERSUS BAILEYISM. 
 
 EXCERPT FROM ADDRESS BY WM. A. COCKE TO ANTI-BAILEY WACO CON- 
 VENTION, MARCH 7TH, 1908, CALLED IN OPPOSITION TO 
 BAILEY'S CANDIDACY FOR DELEGATE AT LARGE TO 
 NATIONAL DEMOCRATIC CONVENTION. 
 
 Mr. Chairman and Fellow Democrats: 
 
 Texas politics now furnish a restatement of an ancient Demo- 
 cratic maxim, the revised version of which is as follows: "Gov- 
 
734 Senator J. W. Bailey of Texas Unmasked 
 
 ernment by the machine, government of the machine, government 
 for Joe Bailey." 
 
 If one should compare Democracy to Baileyism, indictmg the 
 latter system of political ethics, such comparison and such indict- 
 ment might be briefly as follows: 
 
 Democracy stands for unselfish patriotism; Baileyism stands for 
 self-serving partisanship. 
 
 Democracy stands for pure government; Baileyism stands for all 
 that is impure in government. 
 
 Democracy stands for truthfulness; Baileyism stands for deceit- 
 fulness. 
 
 Democracy stands for sincerity; Baileyism stands for hypocrisy. 
 
 Democracy stands for the enforcement of the law; Baileyism 
 stands for a violation of all law. 
 
 Democracy stands for equal opportunities; Baileyism fattens on 
 the vitals of the people, while its lord and master officiates as the 
 high-priest of greed at the feast of the grab-fest. 
 
 Democracy stands, as it has ever stood for the rule of the masses; 
 Baileyism boosts the reign of the bosses. 
 
 Democracy stands for government by qualified majorities; Bai- 
 leyism is mis-government by self-seeking, self-serving political 
 ringmasters. 
 
 Democracy stands for equal rights to all; Baileyism guarantees 
 special privileges to the criminal rich in return for ^'■personal loans." 
 
 TEACHINGS OF DEMOCRACY. 
 
 Democracy teaches loyalty to public and to private trusts; Bailey- 
 ism practices disloyalty to every trust. 
 
 Democracy teaches political equality and commercial freedom; 
 Baileyism freely practices political favoritism, under a special sys- 
 tem of "private loans to public men." 
 
 Democracy teaches that public office is a public trust; Baileyism 
 prostitutes the public onfidence to monopolistic brigandage for pri- 
 vate gain. 
 
 Democracy has long taught that the office should seek the man; 
 Baileyism now teaches that the man should stealthily steal the peo- 
 ple's office. 
 
 Democracy teaches that a man should vacate an office to which 
 he holds no equitable title; Baileyism teaches that he should, through 
 fraud and intimidation, if need be, retain the people's office in defiance 
 of the people. 
 
 Genuine Democracy from Thomas Jefferson to Wm. J. Bryan 
 teaches that a patriot's duty to his party is best subserved by discharg- 
 ing his higher duty to his whole country; Baileyism teaches that the 
 subject's duty to Bailey is more binding than his oath of office, or his 
 duty to his party or his country. 
 
 Indeed, Democracy, in its broadest and most fundamental concep- 
 tions, teaches that there is and can be no real conflict between a citi- 
 
The Poliiical Life-Story of a P alien Idol 735 
 
 zen's duty to his party and to his country; Baileyism, on the contrary, 
 teaches that a Democrat, has no ri^ht to expose graft, corruption and 
 traitorism ivhich sometimes creep into any party, and then seek to 
 hide their hideous forms and festering fingers under party robes. 
 
 THE PRACTICES OF DEMOCRACY. 
 
 Democracy practices that which it preaches, or should do lo; Bai- 
 leyism makes a specialty of practicing that which it does not preach 
 — until after its practices are exposed. Then black turns white, just 
 as the sow returns to her mire. 
 
 Democracy denounces commercial trusts as commercial piracies; 
 Baileyism, under guise and in the name of Democracy, divides the 
 spoils. 
 
 Democracy seeks the largest good to the greatest number; Bailey- 
 ism in Texas has been robbing the many to enrich the trust masters in 
 general and Bailey in particular. 
 
 Democracy confidingly details its leaders to guard the shcepfold; 
 Baileyism enters not by the straight gate, but, creeping up some other 
 way, robes its political wolves in the cloaks of democracy while tlicy 
 devour the sheep. 
 
 Democracy is a system of constructive and beneficent ideals; Bai- 
 leyism is a net-work of destructive and corrupting influences. 
 
 Democracy looks to the uplift of the whole people; Baileyism 
 greedily preys upon the masses, while it debauches its own votaries. 
 
 Democracy subscribes to that ancient though salutary truism that 
 a good name, both in public and in private life, is rather to be chosen 
 than great riches; Baileyism ivhispers in accents low and pursuastvely 
 seductive to our young men and old: "Put money in thy purse." 
 
 Democracy means government by the people; Baileyism means 
 political degradation and commercial robbery of the people. 
 
 Democracy has long meant government of the people; Bailey- 
 ocracy now means bossism by Bailey and his boodlers. 
 
 Democracy means government for the people; Bailey, in efifusive 
 eruption, cries out to the lowest regions of political hell: "The peo- 
 ple be damned." 
 
 Up with Democracy; down with Baileyism. 
 
 Long live genuine Democracy; an early death to corrupting Bai- 
 leyism. 
 
736 Senator J. W. Bailey of Texas Unmasked 
 
 ANTIDOTES FOR BAILEYISM. 
 
 The age of Reason in Texas politics has gone; that of idolatry has 
 ensued. — The Author. 
 
 None is a greater self-tormentor than a malicious and revengeful 
 man, who turns the poison of his own temper in upon himself. — J. M. 
 Mason. 
 
 He that studieth revenge keepeth his own wounds green, which 
 otherwise would heal and do well — Bacon. 
 
 Revenge, at first, though sweet, bitter, ere long, back on itself 
 recoils. — Milton. 
 
 Let them call it mischief; when it's past and prospered, it will be 
 virtue. — Ben Johnson. 
 
 Your sayer of smart things has a bad heart. — Pascal. 
 
 Treason to a civil trust is no less a crime against society than is 
 the breach of a military trust. — The Author. 
 
 I would rather be right than be president. — Henry Clay. 
 
 Let us have faith that right makes might, and in that faith, let us 
 to the end, dare to do our duty, as we understand it. — Lincoln. 
 
 There is no right without a parallel duty, no liberty without the 
 supremacy of the law, no high destiny without earnest perseverance, 
 no greatness without self-denial. — Lieber. 
 
 Rogues are always found out in some way. — Whoever is a wolf 
 will act as a wolf; that is the most certain of all things. — Fontaine. 
 
 A needy man may steal a cow and must go to jail; an avaricious 
 politician grafts hundreds of thousands and escapes because he is "a 
 party nominee." — The Author. 
 
 Where secrecy or mystery begins, vice or roguery is not far off. 
 — Johnson. 
 
 Fire that is closest kept burns most of all. — Shakespeare. 
 
 There are few people who are more often in the wrong than those 
 who cannot endure to be thought so. — Rochefoucauld. 
 
 Self-conceit is a weighty quality, and will sometimes bring down 
 the scale when there is nothing else in it. — Jeremy Collier. 
 
 Conquer thyself. Till thou hast done this, thou art but a slave. — 
 Burton. 
 
The Political Life-Story of a Fallen Idol 7i7 
 
 The man whom Heaven appoints to govern others, should himself 
 first learn to bend his passion to the sway of reason. — Thomson. 
 
 Political boosters, being without prestige themselves, bask in the 
 smiles of bigger boodlers. — The Author. 
 
 He that lays down precepts for governing our lives and moderat- 
 ing our passions, obliges humanity not only in the present, but for all 
 future generations. — Seneca. 
 
 Self-control is promoted by humility. Pride is a fruitful source 
 of uneasiness. It keeps the mind in disquiet. Humility is the anti- 
 dote to this evil. — Mrs. Sigourney. 
 
 He who would govern others should first be master of himself. — 
 Massinger. 
 
 He is a fool who cannot be angry; but he is a wise man who will 
 not. — Old Proverb. 
 
 No man was ever so much deceived by another, as by himself. — 
 Greville. 
 
 Nothing is so easy as to deceive one's self, for what we wish we 
 readily believe; but such expectations are often inconsistent with the 
 reality of things. — Demosthenes. 
 
 One cannot serve the people and at the same time enrich his purse 
 from the monopolies which rob the people. — The Author. 
 
 No man can serve two macters; for either he will hate the one, 
 and love the other; or else he will hold to the one and despise the 
 other. The Scriptures. 
 
 Whom the gods would destroy, they first make mad. — Selected. 
 
 To be deceived by our enemies or betrayed by our friends is in- 
 supportable; yet by ourselves we are often content to be so treated. — 
 
 Rochefoucauld. 
 
 One never knows himself till he has denied himself. — The altar of 
 sacrifice is the touchstone of character. — O. P. Gifford. 
 
 Observe thyself as thy greatest enemy would do, so shah thou be 
 thy greatest friend. — Jeremy Taylor. 
 
 When scrupulous fidelity to the public weal ceases to be the guide 
 of our public men, representative government is to that extent, a fail- 
 ure. — The Author. 
 
 He serves best himself, who serves others best. — Bullock. 
 
 Self-inspection — the best cure for self-esteem. — Selected. 
 
 People seldom improve, when they have no other model but them- 
 selves to copy after. — Goldsmith. 
 
738 Senator J. IV. Bailey of Texas Unmasked 
 
 He who lives only to benefit himself confers on the world a benefit 
 when he dies. — Tertullian. 
 
 When deceit, dishonesty, and graft enter the portals of your gov- 
 ernmental temple, truth, honesty and justice flee from their unholy 
 presence, and all within the tabernacle of government hastens to de- 
 cay and dissolution. — The Author. 
 
 The essence of true nobility is neglect of self. Let the thought of 
 self pass in, and the beauty of a great action is gone like the bloom 
 from a soiled flower. — J. A. Froude. 
 
 The virtues are lost in self-interest as rivers are in the sea. — Roche- 
 foucauld. 
 
 He who makes an idol of his self-interest, will often make a mar- 
 tyr of his integrity. — Selected. 
 
 The very heart and root of sin is an independent spirit. — We erect 
 the idol self, and not only wish others to worship, but worship it our- 
 selves. — Cicil. 
 
 When graft passes the portals dedicated to just government, dis- 
 honesty appears in many forms ; upon the altar of equal rights is burnt 
 a sacrifice to special interest; about the pillars of truth is wrapped the 
 mantle of deception; while within the holy of holies, the high priest 
 of greed robed in the garments of hypocrisy, sacrifices his confiding 
 countrymen upon the altar of the money god. — The Author. 
 
 There's a knowing little proverb. 
 
 From the sunny land of Spain; 
 But in Northland as in Southland 
 
 Is its meaning clear and plain. 
 Lock it up within your heart; 
 
 Neither lose nor lend it — 
 Two it takes to make a quarrel. 
 
 One can always end it. 
 
 — Selected. 
 
 Supreme and abiding self-love is a very dwarfish affection, but a 
 giant evil. — Anon. 
 
 It is a queer paradox that error usually has all the courage of its 
 convictions, while truth steals timorously from corner to corner with 
 muffled countenance and mute lips. — tVhitting. 
 
 Where all are selfish, the sage is no better than the fool, and only 
 rather more dangerous. — Froude. 
 
 All other love is extinguished by self-love; beneficence, humanity, 
 justice, and philosophy sink under it. — Epicurus. 
 
 Self-love is a cup without any bottom; you might pour all the 
 great lakes into it, and never fill it up. — 0. JV. Holmes. 
 
The Political Life-Story of a Fallen Idol 739 
 
 Say nothing of yourself, either good, bad, or indifferent; nothing 
 good, for that is vanity; nothing bad, for that is affectation; nothing 
 indifferent, for that is silly. — Selected. 
 
 The man who cannot enjoy his own natural gifts in silence, and 
 find his reward in the exercise of them, will generally find himself 
 badly ofif. — Goethe. 
 
 You can always tell when a man is a great way from God — when 
 he is always talking about himself, how good he is. — D. L. Moody. 
 
 He that lives in the kingdom of sense, shall die in the kingdom of 
 sorrow. — Baxter. 
 
 I regard that man as lost, who has lost his sense of shame. — 
 Plautus. 
 
 They also serve who only stand and wait. — Milton. 
 
 He that thinks himself the wisest is generally the greatest fool.— 
 Colton. 
 
 The strongest symptom of wisdom in man is his being sensible of 
 his own follies. — Rochefoucauld. 
 
 In seeking wisdom thou art wise; in imagining that thou hast at- 
 tained it thou art a fool. — Rabbi Ben-Azai. 
 
 He who seldom speaks, and with one calm well-timed word can 
 strike dumb the loquacious, is a genius or a hero. — Lavater. 
 
 Words are but pictures of our thoughts. — Dryden. 
 
 Immodest words admit of no defense; for want of decency is want 
 of sense. — Roscommon. 
 
 Worth makes the man, and want of it the fellow. — Pope. 
 
 Real worth requires no interpreter; its every-day deeds form its 
 blazonry. — Cham fort. 
 
 A BAILEY ADMIRATION SOCIETY. 
 
 There has existed for years in Gainesville, Texas, an association 
 of fifteen or twenty, known as the Bailey Admiration Society. It has 
 been the custom of this society to give banquets at the Lindsey Hotel 
 upon Bailey's return from Washington. Each member contributes 
 from $i.oo to $2.00 toward the fund, which fund is turned over to the 
 cook at the Lindsey and a banquet is prepared. The society meets at 
 7 o'clock and Bailey presides. 
 
 Then the eulogies begin. One member arises and says: "Mv 
 friends, we enjoy a privilege denied to our ancestors, and it will be 
 denied to our posterity — the privilege of sitting at the same table with 
 the greatest man the world has ever produced. The choicest ma- 
 terial in nature was reserved from the beginning for the creation of 
 the distinguished man who sits at the head of the table. Had he 
 
740 Senator J. W. Bailey of Texas Unmasked 
 
 adopted the profession of arms, the campaigns of Bonaparte, Caesar, 
 Alexander and Hannibal would no longer be studied by the students 
 of military science. Fortunately for the fame of Homer and Shakes- 
 peare, he did not choose the pathway of poetry, for if so, their works 
 would lie unread upon our shelves. Had he entered the field of fi- 
 nances. Rockefeller's millions would look like a miserable thirty 
 cents. He who presides at this banquet surpasses Solomon in all his 
 glory. He is too pretty for a gentleman, too modest for a lady, and 
 altogether charming." 
 
 After each member has delivered his eulogy, Bailey arises and 
 says: 
 
 "My Friends: I endorse every word that has been said. I have 
 measured myself with the so-called great men of America. Some 
 come to my knee, some to my hips, but the tallest of them hardly come 
 to my waist. I stand above them like a majestic oak above under- 
 brush. Some have thought it strange that every measure which I 
 introduced has become the law of the land. Others have wondered 
 that I could for fifteen years speak upon public questions and not 
 make a mistake. This banquet has struck the keynote. It is because 
 I have more brains, more statesmanship, and can grasp the issue 
 quicker and understand it better than any man who has gone before 
 or who will come after me. When the Lord endowed young Solomon 
 and gave him wisdom above all men, he referred to the men of that 
 age, and intended no reflection upon me." 
 
 BAILEY, FAREWELL. 
 
 Bailey, the boastful borrower, bosom friend of boodlers, bartering 
 thy brilliant brain for boodle; Bailey, the proud and patronizing 
 bully, previously so poor that the pawn-broker could not patronize; 
 Bailey, at present, the pampered plutocrat, peddling thy pompous 
 powers to the pirates and vampires of the people for pelf; "Captain" 
 Bailey, the brazen bulldozer, fare the well, a long and last and sad 
 farewell to all thy erstwhile greatness. — The Author. 
 
The Political Life-Story of a Fallen Idol 741 
 
 CHAPTER XXXII. 
 A CONCLUSION OF THE WHOLE MATTER. 
 
 THE IMPORTANCE OF HIGH IDEALS. 
 
 Low Standards in political and commercial life, no less than in 
 social and spiritual circles, are not only hurtful to purity in present- 
 day politics and honest commerce, but also militate against the preser- 
 vation of patriotism in the minds of each recurring generation. 
 
 Men, and especially young men, are greatly influenced in their 
 ideals, and, consequently, in their daily practices, by the examples of 
 our public men, and more is the reason and importance of a self-gov- 
 erning people holding ever aloft the highest conceptions and the most 
 exalted standards of public virtue. 
 
 As a young man, permit, if you will, thoughtful reader, a conclud- 
 ing appeal to the young men of Texas, and follow for a brief space 
 longer a reviewing portrayal of a distinguished American character 
 — distinguished chiefly for the warning of his unhappy and unfaith- 
 ful example. 
 
 From his eventful life and from his public conduct, young men ev- 
 erywhere, and for all time, may well learn some useful lessons. True 
 it is, that this estimate of his character and this summary of his career 
 does not meet, just yet, with universal acceptance. 
 
 Certainly, however, there must be some common points of agree- 
 ment in every public man's course through life from which profitable 
 conclusions and useful lessons may be drawn, however much their 
 contemporaries may differ as to details, or even as to important events 
 and controlling characteristics. 
 
 A REVIEWING SUMMARY. 
 
 But to summarize and conclude The Political Life-Story of a 
 Fallen Idol: 
 
 There was once a Representative in the Congress of the United 
 States. His was a splendid promise; charming his personality; his 
 intellect keen and commanding. His oratory was striking; his logic 
 convincing. Words flowed easily; so, also his thoughts. Honors 
 and distinction came almost unsought. He was at once the pride of 
 his constituents ; the charm and delight of his friends. Keen the saber 
 of his debate ; the people listened with enthusiasm and commendation. 
 Power in public discourse led to leadership among his fellows, and an 
 acknowledged mastery in the lower House. 
 
 Constructive statesmanship, however, was always a thing to him 
 unknown. Though many years a conspicuous figure in the halls of 
 Congress, no legislation of importance is there recorded to perpetuate 
 
742 Senator J. IV. Bailey of Tc.vas Unmasked 
 
 his name; no constructive or initiative measures, for the protection of 
 the people or the perfection of human government among men, in- 
 spired his selfish heart or emanated from his cunning brain ; no record 
 is there on the legislative pages of his country's history to which pos- 
 terity can point as of permanent value or enduring fame. 
 
 ambition's gilded palace. 
 
 The years rolled on and the prompting of ambition pointed his 
 star of hope to America's House of Lords. The Senate of the Nation 
 appeared only another step, of easy access to this favored son of polit- 
 ical fortune. The "Treason of the Senate" w^as yet an uncoined name. 
 
 He walked, he leaped, he ran. Than his, there never were more 
 loyal or enthusiastic friends. The "indiscretions" of an impetuous 
 and imperious nature were forgiven and forgotten as of naught. Pro- 
 digious powers possessed this master of mental prowess. 
 
 HIS "ENEMIES." 
 
 In his opponents, personal or political, he saw no virtue. Indeed, 
 virtue's mould appeared to have been broken in his own making; 
 while vice and villainy characterized the lives and conduct of his fel- 
 low men who made bold to dififer with this self-confessed giant intel- 
 lect. His record, he said, was "as stainless as a Christian life; his 
 conduct as spotless as a good woman's name." So matchless and 
 immaculate, indeed, were the qualities of mind and heart of this 
 splendid prodigy among the sons of sinful men, as to prevent him, 
 during the course of his whole life, from doing a single act "that both 
 his conscience and his judgment did not justify." 
 
 SOME FALSE ALARMS. 
 
 Now and then a whisper of complaint was heard throughout the 
 land; faint whispers, however, and scarcely audible to this the great- 
 est man, living or dead, who so far excelled his fellow men, accord- 
 ing to his own admissions, as that they measured not to his knees, in 
 body, mind, or virtues of the heart. The most illustrious of his con- 
 temporaries were, at best, compared to this august personage, only 
 "as a mustard seed in a drinking gourd." 
 
 A nation stood entranced and flunkies bowed if not real men in 
 "obsequious efforts to catch his eagle eye." Homage and adulation 
 rare seemed to him as natural quite as a morning's porridge of fresh 
 stewed oats to a common man. So matchless was the spell that o'er 
 the nation spread, all this seemed quite the proper thing in even 
 Democratic America. "The people gazed, and wondered much and 
 praised." 
 
 A BUDDING PRESIDENT RUTHLESSLY ABASHED. 
 
 Despite geographical lines and sectional prejudices of standing 
 long, this unrivaled genius seemed destined to be called to the Presi- 
 dency of these United States; a position he would, doubtless, have had 
 to stoop to fill. 
 
The Political Life-Story of a Fallen Idol 743 
 
 A TURNING TIDE. 
 
 At last, however, there came a rumbling of discontent, as though 
 some undiscovered monster lurked near this chosen son of Adam's 
 race, and hideous noises made "of ill outlined portent." At first his 
 friends, and their number were legion, scoffed and refused to admit 
 the existence of aught of which there was reason to be afraid. 
 
 He himself, in imperious and implacable mood, standing at the 
 Nation's Capital, and, though sniffing the battle from afar, made 
 haste to tell the world that all tvas well; that only some mal-content, 
 some disgruntled politician, seeking whom he might devour for 
 selfish ends, was piping in the distance; and that all such presump-' 
 tious beasts should be promptly driven into the briny deep as were 
 the swine of old. 
 
 LOOKING BACKWARD. 
 
 But to go back a step for fuller understanding of this unrivalled 
 Exhibition, it may be said there was a time, in other days long dead, 
 when character, if any real character there had ever been, first be- 
 gan to form, and habits fi.xed their imprint upon even this remarka- 
 ble man, — if a man and not a god he may be called. 
 
 Passing by the interesting incidents of college days, rich in expe- 
 riences of various sorts, in which perchance both good, if any good 
 there was, and evil strove for mastery, but in which it is certain that 
 a self-earned dollar never played a part, this precocious youth strode 
 forth in might and main, panoplied in the superior armor of self- 
 sufficiency, to do battle as did Goliath of old! 
 
 HIS DOCTRINE OF HATE HAD AN EARLY ORIGIN. 
 
 The sweet doctrine of hate, pure and unalloyed, was the early 
 order of his life and contentiousness the harmony of his very soul. 
 
 Politics seemed to ofifer an inviting field in which his restless, 
 soaring spirit, untamed and untamable, might find "repose in con- 
 flict." Strife and struggle, hate and hell, were strongly compounded 
 in the dynamic forces of this obstreperous mental gymnast, — but 
 physical coward. 
 
 Riot, arson, murder, and assassination (of which former he him- 
 self, in an unguarded moment, once boasted to an admiring multi- 
 tude) formed an early chapter in the bulldozing career of this Trojan 
 of the day. To his embittered soul, politics, if necessary, to carry 
 out his "own sweet will," were converted into war, "war to the knife 
 and knife to the hilt," and bloodshed not only committed, hut ap- 
 plauded. 
 
 In later years, he himself it was who said that his moderation was 
 most commendable in that he did not take a shotgun and murder out- 
 right all those who from him differed; that such an act would be to 
 him a morsel sweet could the desired result be accomplished at one 
 fell stroke. Indeed, what right had any ordinary mortal to contra- 
 
744 Senator J. IV. Bailey of Texas Unmasked 
 
 diet or differ from this colossus, not only of American politics, but 
 of all history. 
 
 He often told his admiring idolaters that he and his faithful fol- 
 lowers only were comparable to the "lowly Nazarene;" that "the 
 money changers of the Jewish Temple and the thieves who were cru- 
 cified on either side of the Savior of men were angels of light and 
 mercy compared with the devils that persecuted him; and that his 
 life was purer far than any other that had theretofore essayed to 
 leadership among the sons of Southern men!" 
 
 POOR THEN, BUT RICH (?) NOW. 
 
 Although poor in purse, he was formerly rich and royal in the 
 love and honor of his countrymen. As the years passed on, however, 
 be it written in sorrow, borrowing boodle from those who sought to 
 barter in his personal and political influence became a favorite and 
 fatal pastime with this bri.lliant publicist, — this Prince of Borrowers. 
 
 Base Opportunity came and sung her Siren song of opulence and 
 independence. 
 
 The goddess of gold, "woed and embraced," soon tempted his at- 
 tention from matters of State, to induce him to sell his soul for ill- 
 gotten gain lent her charms enchanting, and this servant of the people 
 softly introduced to the mammon masters of uncounted wealth. 
 
 Silently he took their gold, but under pretense false, for he often 
 confessed that he gave them naught in return for their shining 
 sheckels, — and thus was his honor triumphantly "exonerated." 
 
 THE PRESS. 
 
 The servile, subsidized portion of the public press, wrote, wrote 
 without regard to truth, justice or the people's rights; wrote in favor 
 of his wickedness, "and called his evil good." Hired lobbyists and 
 grafting politicians, both great and small, high priced and low, from 
 the four winds of the political heavens hastened, and with a few real, 
 though misguided men, to do him obeisance took delight, — daintily 
 dajiglin^ to his garments of gold. 
 
 Graft, in league with avarice, under the guise of friendship, real 
 or pretended, personal or political, opened her portals wide and bade 
 him welcome there! Enter, alas! he did and his long depleted cof- 
 fers fill of lucre filthy. 
 
 Of course, all this was to him and his quite permissible, and the 
 people had no just complaint. To him they were indebted for his 
 condescension to live from them even afar off and owed him not only 
 their highest office, but a fortune vast and swelling. 
 
 THE END APPROACHES. 
 
 But, alas! all things human, though good, must end. "Upon our 
 dead selves we rise as stepping stones to higher things." His voice 
 that late could plead so well (or so it was said) to profanity now is 
 given. Its eloquence gone! While all within is keen remorse and 
 
The Political Life-Story of a Fallen Idol ' 745 
 
 dread. Now the end aporoaches; not in haste, but hear the awful 
 foot-tread of this world-renowned genius as he longs "for words that 
 writhe and hiss like snakes" with which to lash his ungrateful sub- 
 jects, his wicked and relentless detractors. Strange it may seem, 
 that any should oppose his royal march through the land that was in- 
 debted to him for his condescending residence among the children 
 of men. 
 
 Those who dared to differ with this august man (be it said to their 
 everlasting shame and oblivion), he ne'er did deign to notice, — save 
 in terms of patronizing execration. Beasts of lowest order they who 
 made bold to disregard his bidding, worthy only to be consigned, and 
 then chiefly that he and his might find exhilarating pastime, to the 
 bowels of the earth, face downward, if any face they had, and, with 
 clenched claws, make unbecoming haste in their wretched burrow- 
 ings towards hell, their eternal home; whence, he said, they had 
 come, and whither, in his tender compassion, he and his had gently 
 sent them! 
 
 Such outlaws these, no headstone or epitaph deserved, but on a 
 footboard frail, just one by three, he graciously caused to be written 
 this mysterious legend : "We know not whence they came, but we 
 do know whither we have sent them." 
 
 AN AWAKENING AND A FORECAST. 
 
 At last, however, there came a rude awakening, as if the masses 
 had been roused from slumber long and tense. Slow were the people 
 to admit that their favorite idol, like Lucifer of old, could ever fall; 
 and sorrowful, indeed, were they in being thus terribly undeceived. 
 
 Matchless almost were the opportunities for good of this help- 
 less, hapless man, had not he to his accursed course given o'er. Now 
 down the path of oblivion and remorse, all but alone, he treads his 
 silent, sad, and gloomy way. Flattered and feasted had he been, but 
 once the people's confidence betrayed, in sorrow though in justice 
 be it said, awful and remorseless seemed the inevitable end. 
 
 His ill-gotten gold to canker turned, and riches took their winged 
 flight. What had been sweet as honey in brighter days, to wormwood 
 now did turn; while bitterness and hate his cup of ebbing life o'er- 
 flowed. "Back into his sullen, unrepentant soul he retired alone;" 
 vain and proud, though weary and disconsolate. 
 
 In concluding this character sketch, permit a few beautiful lines 
 from the English poet, Pollock, thought appropriate to the present 
 purpose: 
 
 BYRON OR BAILEY? 
 
 His goddess, gold, woo'd, embraced, enjoyed, 
 
 Fell from his arms abhorr'd, his passions died; 
 
 Died all, but dreary, solitary pride; 
 
 And all his sympathies in being died. 
 
 As some ill-guided bark, well built and tall, 
 
 Which angry tides cast out on desert shore, 
 
746 Senator J. IV. Bailey of Texas Unmasked 
 
 And then retiring, left it there to rot 
 
 And moulder in the winds and rains of heaven; 
 
 So he, cut from the sympathies of life, 
 
 And cast ashore from pleasure's boisterous surge — 
 
 A wandering, weary, worn, and wretched thing; 
 
 Scorch'd, and desolate, and blasted soul ; 
 
 A gloomy wilderness of dying thought — 
 
 Repin'd and Groan'd, and wither'd from the earth. 
 
 His groanings fill'd the land his eloquence fill'd ; 
 
 And yet he seemed ashamed to groan. Poor man! 
 
 Ashamed to ask, and yet he needed help, 
 
 Proof this beyond all lingering doubt, 
 
 That not with natural or mental wealth 
 
 Was God delighted, or His peace secured; 
 
 That not in natural or mental wealth 
 
 Is human happiness or grandeur found. 
 
 Attempt, how monstrous ! and how surely vain ! 
 
 With things of earthly sort, with ought but God, 
 
 With ought but moral excellence, truth, and love, 
 
 To satisfy and fill the immortal soul! 
 
 Attempt, vain, inconceivable! attempt! 
 
 To satisfy the ocean with a drop; 
 
 To marry Immortality to Death ; 
 
 And with the unsubstantial shade of time, 
 
 To fill the embrace of all eternity! 
 
 A CONCLUDING ESTIMATE. 
 
 And now, kind reader, you are all but done. An effort has been 
 made to be as fair throughout these pages as the truth itself. A sense 
 of duty to this, his native State, however, has impelled the author as 
 one who has had a fair opportunity to judge, to speak plainly, though 
 not in anger, in malice, or in envy, as Mr. Bailey has so frequently 
 charged. 
 
 A frank and final estimate of Mr. Bailey's real character may be 
 briefly though pointedly stated by his comparison with some noted 
 characters of history. 
 
 Jesus of Nazareth had His Judas, though the latter differed from 
 some modern betrayers of trust in that he repented of his sins, and 
 sought to make restitution by flinging back the shining sheckels of 
 silver to the filthy source from whence they came to poison, pollute 
 and destroy his life; 
 
 Julius Caesar had his Brutus, albeit the latter would have us 
 excuse his traitorism to his friend by a false pretense of loyalty to 
 principle; 
 
 Lord Bacon, at once the wisest and the meanest of mankind, ac- 
 cepted bribes and loans, never to be repaid, and then, like a modern 
 senator of self-confessed genius, defied the world to prove that he 
 had "delivered the goods'' to those who had paid him his price; 
 
 Our American Colonies had their Benedict Arnold, who bar- 
 tered his patriotism and betrayed his country's trust for British gold; 
 
 And now, witness among the historic instances of official in- 
 fidelity, $7,000,000.00 in net profits in seven years — the boldest rob- 
 
The Political Life-Story of a Fallen Idol 747 
 
 bery of all time — having been wrung from the weary hands of 
 honest, though toiling Texans, by the barons of the kingdoms of oil, 
 through the small investment of an hundred thousand dollars in a 
 Texas plant, and a few filthy thousand more in a faithless, though 
 said to be brilliant United States Senator from Texas, and then an- 
 swer us, patriots of all parties everywhere, will posterity not be com- 
 pelled to sorrowfully cry out: "TEXAS, TOO, HAD HER Bailey." 
 
 AN HISTORIC WARNING. 
 
 Go mark him well ; 
 For him no minstrel raptures swell; 
 High tho' his titles, proud his name, 
 Boundless his wealth as wish can claim ; 
 Despite those titles, power, and pelf, 
 The wretch, concentered all in self, 
 Living, has forfeited fair renown; 
 And, doubly dying, shall go down 
 To the vile dust, from whence he sprung, 
 Unwept, unhonored, and unsung. 
 
 —Scott. 
 
APPENDIX 
 
 CONTENTS OF APPENDIX WILL BE FOUND AT THE BEGINNING OF VOLUME I. 
 
 THE INDEX NOT ONLY OF THE WORK PROPER, BUT OF THE 
 
 APPENDIX ALSO WILL BE FOUND IN ONE INDEX 
 
 AT THE END OF VOLUME II. 
 
The Pulitical Life-Story of a Fallen Idol 751 
 
 CHAPTER XXXIII. 
 MORE OR LESS POETICAL. 
 
 "MY COUNTRY." 
 
 (Up to Date.) 
 BY N. N. KEITH, Dallas, Texas. 
 
 I. 
 
 My Texas once so free, 
 With Gallant Chivalry, 
 
 Deep now thy woe. 
 Land where thy patriots died, 
 Now cursed by Bailey's pride. 
 From plain to mountain side 
 
 Reigns "Coal Oil Joe." 
 
 II. 
 
 My County fair to see, 
 What hast come over thee. 
 
 This curse to bear? 
 Let manhood blush to own 
 The star 'twas once our own, 
 But now Joe Bailey's throne, 
 
 The trusts to share. 
 
 III. 
 
 Let music turn to sighs. 
 When we no longer prize 
 
 Thy proud fair name. 
 I love the few and brave, 
 Who their best service gave 
 And fought each despot knave 
 
 To hide thy shame. 
 
 IV. 
 Dear Texas, shall it be, 
 That thou'lt on bended knee 
 
 Serve this vile power? 
 God's sovereign arm invoke. 
 And with one mighty stroke 
 Cast off this Tyrant's yoke, 
 
 This very hour. 
 
 OUR NEW YEAR 1907- 
 
 (Texas Farmer.) 
 
 Oh, Texas, though thy lands be fat 
 From rolling plain to marshy flat 
 With great abundance, and all that. 
 
 The New Year finds thee sorrowing. 
 Thou grievest sore for injured name, 
 For wounded pride and tarnished fame, 
 And well may'st hide thy face in shame, 
 
 For Bailey and his borrowing! 
 
752 Senator J. W. Bailey of Texas Unmasked 
 
 SENATOR JOSEPH W. BAILEY. 
 
 To him base Opportunity has come 
 
 With noiseless step, as walking on soft wool, 
 And lightly knocked or gave his door a pull; 
 
 Knowing that Fortune is not frolicsome, 
 
 He quickly seized the swinging pendulum 
 
 Before that wicked moment passed in full. 
 And boodle flowed! Now like a ranting bull, 
 
 The oaths he swears would strike a devil dumb ! 
 
 Alas! the voice that late could plead so well, 
 
 Is now profane ; its eloquence has fled 
 
 Which smote his colleagues oft with dire dismay; 
 With form rotund, he sounds a blasted shell, 
 
 And all within are keen remorse and dread ; 
 
 Thus one by one our rascals fade away! 
 
 RuFus J. Childress. 
 
 FROM POVERTY TO WEALTH, FROM WEALTH TO OBLIVION. 
 
 Once he was poor as a statesman can get 
 But he got to be a corporation pet; 
 Through Francis and Sibley, true and staunch, 
 He got his title to the Grapevine ranch ; 
 Went to the Senate on Anti-Trust plank, 
 Slipt off that plank in Standard Oil tank. 
 Deserted his State for a wad of dough, 
 And that was the last of "Coal Oil Joe." 
 
 CuLLEN Thomas, at Houston, December 20, 1906. 
 
 "AN ODE TO OILY JOE," 
 
 "Oily Joe" is a great big man 
 
 In the minds of his devotees, 
 He helped the Trusts the laws to bust. 
 
 And charged them great big fees. 
 
 He borrowed money he didn't pay back 
 
 From the gallant H. Clay Pierce, 
 And the way he "blowed" that outlawed toad 
 
 Was something simply fierce. 
 
 He winked at the trusts and the trusts winked back, 
 
 And loaned him money free 
 To chase his foes where the "Sulphur glows," 
 
 Or into the "deep blue sea." 
 
 This Great big man ( ?) talked long and loud. 
 
 And caused men's blood to boil, 
 He made them believe while he smiled up his sleeve 
 
 That he hated "Standard Oil." 
 
 He wrote for a five thousand dollar fee 
 
 A Charter for Standard Oil, 
 With immaculate brass and the bray of an ass 
 
 He claimed it for honest toil. 
 
The Political Life-Story of a l-allen Idol 753 
 
 He compares himself to the Godly Christ, 
 
 Who between two thieves did die, 
 When they say he's not right he dares them to fight, 
 
 And gives 'em the long-distance lie. 
 
 This story, a Moral, teaches my friend. 
 
 That to be successfully great. 
 You must blow your horn from the time you are born, 
 
 And get you a job with the State. 
 
 And deem yourself greater than any man 
 
 Take loans and fees from the trusts, 
 And should anyone squeal, just give him a spiel, 
 
 And swear that your cause is most just. 
 
 By E. F. Wright, M. D. Royse, Texas. 
 
 A POLITICAL ACROSTIC. 
 
 (L. T. M., Houston Chronicle.) 
 
 Joseph Weldon Bailey. 
 
 J — ust as we thought we had placed him, 
 
 O- — n the ladder of fame, very high, 
 
 S — weet songs of the Sirens seduced him, 
 
 E — nticed him with hopes of more pie; 
 
 P — ierce, to the rescue! Hurry! 
 
 H — elp! Help! Ere our idol shall die. 
 
 W — e mourn, for the mighty hath fallen, 
 E — arthy greatness has passed from his grill ; 
 L — et us hang our mute harps on the willow, 
 D — on't blame the poor man for his slip. 
 O — il maketh a very smooth pathway, 
 N — ot only for man, but for ship. 
 
 B — ewail not, my brothers, the lost one, 
 
 A — nother more worthy shall come, 
 
 I — n time to redeem our fair Texas, 
 
 L — ed astray by an unworthy son ; 
 
 E — very day, then, take courage, as you strive and you toil, 
 
 Y — et ever be wary of Pierce and his oil. 
 
 William A. Cocke. 
 
 W — aiting will bring you a man of true worth, 
 
 I — nspired with zeal for the people of earth, 
 
 L — onging and anxious, like David of old, 
 
 L — ight, and the knowledge of truth, to unfold ; 
 
 I — ntelligent, eloquent, brave and true, 
 
 A — man for the masses, and not for the few. 
 
 M — arch then to victory, in the "Lone Star" State. 
 
 A — wake the opposing, and conquer their hate; 
 
 C — ome! and restore our proud prestige again. 
 O — h haste to redeem us, from shackle and chain; 
 C — all aloud to the people, they surely will hear, 
 K — nowing your prowess will follow with cheer, 
 E — ver and on, till redemption appear. 
 
 L. T., San Antonio, Texas. 
 
754 
 
 Senator J. IV. Bailey of Texas Unmasked 
 
 OH, JOE BAILEY! 
 
 (E. L.) 
 
 Oh, Joe Bailey! Oh, J. W. Bailey! 
 
 Oh, Joseph Weldon Baiky, all hail! 
 
 Thou Priest of Purity! Thou God! Thou You! 
 
 Thou Ciceronian with all convincing eloquence! 
 
 Thou Pride of the Nation! Thou Heaven born! 
 
 Thou Southern bred! Thou Star of the Senate! 
 
 Thou Great, Great Joe! 
 
 Incomparable art thou in all things — 
 
 Yea, perfect — and plu-perfect! 
 
 Thou changest men's minds with a breath! 
 
 Thou makest known thy will and Governors give thee heed I 
 
 Oh, thou Dictator! Thou ruler of us all! 
 
 Thou "long distance thrower of epithets!" 
 
 Thou cunning Joe! Thou artful, adroit Joe! 
 
 Thou Has-Been ! 
 Oh you! Oh, me too! Oh, you some more! 
 Oh, Hell! 
 
 JOE BAILEY IN RHYME. 
 (For the Fannin Co. Democrat.) 
 
 He came out here to Texas, 
 
 And he was very poor, 
 But we did not reject him. 
 
 Nor turn him from the door. 
 
 His hair was long and wavy, 
 His eyes Kentucky blue, 
 
 He glorified Jeff Davis, 
 
 We thought him good and true. 
 
 We sent him up to congress, 
 
 Judge Hare's high place to fill. 
 
 He had to borrow money 
 To pay his railroad bill. 
 
 He made some high-flown speeches, 
 He talked big with his mouth, 
 
 He had a tongue of silver. 
 
 He praised the Sunny South. 
 
 We put more laurels on him. 
 We raised him higher still. 
 
 To seat that John H. Reagan 
 And Maxey used to fill. 
 
 One day he got a message 
 'Tis needless to rehearse, 
 
 "Come up here to St. Louis," 
 
 'Twas signed by H. Clay Pierce. 
 
 Now Henry was in trouble 
 
 Expelled from Texas soil, 
 
 And needed some great statesman 
 To help him with his oil. 
 
 Joe told him he could fix it, 
 Without a fleck or flaw. 
 
 Just come back into Texas 
 
 And "bow unto the law!" 
 
 Just make a slight maneuver, 
 
 (You need not change your name) 
 Just say "re-organizin' 
 
 And go on just the same. 
 
 "V'ou need not change a wagon, 
 
 A bill-head or a clerk, 
 To give full satisfaction 
 
 And make the system work. 
 
 Joe hurried down to Texas, 
 And talked the matter o'er, 
 
 And soon the great octopus 
 Was runnin' as before. 
 
 The plan worked out so nicely 
 It pleased the Henry Clay, 
 
 He pulled out his big wallet 
 And ofiEered Joseph pay. 
 
The Political Life-Story of a Fallen Idol 
 
 755 
 
 Joe thought it would look curious, 
 
 If democrats should see, 
 
 That from this oily magnate 
 
 He should receive a fee! 
 
 No, I will make no charges 
 
 For wisdom I have shown, 
 
 But if it suits your pleasure, 
 I'll take a modest loan! 
 
 He borrowed and he borrowed. 
 And then he borrowed more, 
 
 And checks flew round, and vouchers, 
 About a half a score! 
 
 And love-grams writ in cypher. 
 Ah, wasn't that too fine! 
 
 "Republish" was his title 
 
 In that big trust combine! 
 
 He bought some fine race horses. 
 And much Kentucky land. 
 
 And blooded bulls and heifers 
 
 Of blue grass mark and brand ; 
 
 A ranch out here at Gainesville, 
 And big brick stores galore, 
 
 A farm and ranch from Barney, 
 And so forth, and much more. 
 
 He practiced for John Kirby, 
 The Texas lumber king. 
 
 Who did into his pocket 
 
 A quarter-million fling. 
 
 And for those railroad bosses. 
 Out there in Tennessee, 
 
 He worked some 'flooence or strategy, 
 Whatever it might be: 
 
 And won the greatest honors, 
 
 As many papers say, 
 And more big rolls of money 
 
 Than he could tote away ! 
 
 But ah, the house of Jefferson! 
 It had some smellers keen, 
 
 And noses were turned skyward, 
 They smelled the kerosene! 
 
 There was a great explosion, 
 
 A fearful, awful shock. 
 It woke the saints at Tyler, 
 
 And raised the chapparel Cocke ! 
 
 And Senter in the center, 
 
 And Crane and Crawtord rose, 
 And even Cyclone Davis 
 
 In horror held his nose! 
 
 Then Bailey — oh, he ranted ! 
 
 And then he ranted more ! 
 Such antics on the rostrum 
 
 Were never seen before! 
 
 I am the Lord's anointed, 
 
 I am the nominee, 
 I'll kill the black hyenas. 
 
 Or run them in the sea! 
 
 But Col. Billie Crawford 
 
 (He didn't want to die) 
 Sued out a writ dadbustus 
 
 Shotguntus alibi ! 
 
 The Texas Legislature 
 
 In kindness did essay 
 With sanitary jury 
 
 To take the stench away. 
 
 The more it sanitated, 
 
 (Astonishing to tell!) 
 And sponged and fumigated, 
 
 The louder was the smell ! 
 
 And now, my fellow-countrymen, 
 With shame we must confess, 
 
 We've got the grand old party 
 Into an awful mess! 
 
 What shall we do with Bailey ? 
 
 A question hard and deep: 
 He says he's too big to banish, 
 
 Surely he smells too bad to keep! 
 An Old De.mocr.\t. 
 
756 Senator J. IV. Bailey of Texas Unmasked 
 
 BAILEY, THE BLUFFER. 
 
 How dear to the heart of the fat corporation 
 
 When fond admiration presents him to view; 
 He served us so well, in the state and the nation, 
 
 No reward, our dear bluffer, is too dear for you. 
 Bluff on, our dear bluffer, when growlers berate thee, 
 
 The clouds may look dark, but the sunlight will burst; 
 The oil will burn on, tho' consumers may hate thee — 
 
 Come to us, dear bluffer in hunger or thirst. 
 The boodle-bound bluffer, the smooth-talking bluffer, 
 
 The Standard Oil bluffer, who came to us first. 
 
 How luring, indeed, were the sops of temptation. 
 
 All thrown out before him, no mortal can tell; 
 The farm in Kentucky, the old Gibbs plantation. 
 
 And John Henry Kirby, too, loved him so well. 
 The Tennessee railroad, the coal mines and rake-off. 
 
 The fees and commissions, all rosy as morn ; 
 'Twas simply resistless — an absolute take-off — 
 
 No bluffer, if human, such tempting would scorn. 
 The boodle-bound bluffer, the high-rolling bluffer — 
 
 No smoother tongued bluffer was ever yet born. 
 
 They may work their conventions, and state legislature, 
 
 Our money and lobby, your armor and shield. 
 To sustain our brave bluffer — bluffer by nature — 
 
 With all the rich boodle your bluffing shall yield. 
 The poor and the vulgar, the scum of creation. 
 
 All prating of panics, of want and despair. 
 Know naught of the blessings the smooth corporation 
 
 Shall reap from the bluffing our bluffer will share. 
 The boodle-bound bluffer, the Standard Oil bluffer. 
 
 The iron-nerved bluffer, to do and to dare. 
 Liberty, Texas, April lo, 1908. —P. A. Brooker. 
 
 BAILEY CORONATION HYMN. 
 
 (Ascribed by Pat O'Keefe to Frederick Upham Adams and Judge 
 "Matchless Monkey" Brooks.) 
 
 Oil hail the gift of Bailie's name, Ye seed of Bailey's chosen race, 
 
 Let flunkies prostrate fall; Ye remnant weak and small. 
 
 Bring forth Clay Pierce's loan of shame. Hail him who saves you by his brass. 
 
 And crown Joe lord of Oil. And crown Joe lord of Oil. 
 
 Crown him, Tom Jones, Garden, Odell, Idolaters whose memory will e'en forget 
 
 Who from his coffers bawl, Joe's vouchers and his gall. 
 
 List ye the clang of Pierce's bell, Go spread your conscience at his feet. 
 
 And crown Joe lord of Oil. And crown Joe lord of Oil. 
 
 Hail him the heir of Francis' line, Let Nelson PhiUips, Col. Spell, 
 
 Whom Dave our Joe did call; Before him prostrate fall. 
 
 The god petroleat, man malign, To them oil borrowings never smell — 
 
 And crown Joe lord of Oil. They crown Joe lord of Oil. 
 
The Political life-Story of a Fallen Idol 757 
 
 CHAPTER XXXIV. 
 
 GOVERNOR HOGG'S SPEECH VS. WATERS-PIERCE OIL COMPANY'S RE- 
 ADMISSION, BEFORE THE TEXAS BAR ASSOCIATION AT GAL- 
 VESTON, TEXAS, JULY 25th AND 26th, 1900. 
 
 The following strong utterances where expressed by that great patriot at Galveston, Texas, about 
 60 days after the simulated reorganization and fraudulent readmission of the Standard Oil ally in the 
 Southwest to do business in Texas. Governor Hogg said in part: 
 
 "Why in this very thing you have been discussing. It cannot change its status in 
 a day by merely changing its suit of clothes. That institution was held by the courts 
 of the country to be illegal and a trust, defiant of the constitution and the laws. There 
 wasn't a change of its legal status, except by getting a so-called charter the ne.xt day. 
 It didn't even change the mules who were drawing its wagons; it didn't change the 
 drivers who were driving those mules; it didn't change its agents; it didn't change its 
 contracts with the railroad companies; it didn't change its property an iota; it didn't 
 change its books or accounts; it didn't change its name; it didn't change the instru- 
 mentalities under which it was declared a trust. If our trust laws are to be held under 
 such precarious conditions as that we had as well wipe them out." 
 
 Mr. Searcy: "The old concern had closed business, and this was a new concern." 
 
 Governor Hogg: "No, Sir; the concern did not go out of existence. It volun- 
 tarily changed its clothes. It didn't change its domicile; it didn't change its stock; 
 it didn't change its contracts, nor any of the instrumentalities by which it oppressed 
 the people of this State as a trust. It voluntarily changed its clothes." 
 
 "It is not the question whether this new corporation should be pursued or not. 
 I say it can and should be and it would be indecent not to be, and it would hold our 
 laws and courts in contempt if not pursued. But should we confess or intimate that 
 by a change of its clothes it can change its legal status. To do so we would hold our 
 courts and laws in contempt and hold ourselves up to the scorn of the ignorant and 
 the wise. I say it is still a trust and can be pursued." 
 
 "I said that corporation is a trust and that it has not been punished. The 
 decree of the court was not enforced." 
 
 Prof. Simpkins: "Then, that is because the laws are ineffective." 
 
 Governor Hogg: "They are effective; the trouble is that they are not enforced, 
 I am sorr)' that the question has been raised in this way, but I will not subscribe to a 
 hint that what has been done is a legal course to pursue in the enforcement of our 
 laws. This corporation was found criminally guilty, and it has never been whipped 
 for its crime. There was a law there prescribing a penalty of $50.00 a day for every 
 person belonging to that trust, but it hasn't been enforced. Yet their president 
 comes into Texas a confessed criminal, stalks in the Capital treating with the state 
 officials, unwhipped of justice. That is what holds our laws in contempt. There has 
 been no punishment ; it has been avoided by subterfuge, a subterfuge that would never 
 have been considered by a court if the matter had been submitted to it. If we are 
 going to submit to that by endorsing it, we are going to lower the standard of the 
 profession that has always unsheathed its sword in defense of the rights of the people 
 against their aggressors. The secretary of state, by his oath of office, is pledged to 
 enforce the law. I say that he had a right to question the legality of that concern 
 to have refused it a permit and to have raised the issue properly. "V'ou tell me he can't 
 do that? Suppose there is a corporation formed in Arkansas for the purpose of murder- 
 ing people, and its charter is presented to the secretary of state of Texas. Would 
 the secretary of state have granted the permit? No, because it would have been 
 an illegal concern. He is required to admit only legal concerns. Suppose a corpora- 
 tion is chartered in Kansas to buy and sell lands in Texas. The secretary of state 
 of Texas wouldn't grant a permit to that corporation, because the law forbids the 
 
758 Senator J. fF. Bailey of Texas Unmasked 
 
 operation of corporations of that kind here. Suppose any other illegal corporation 
 had presented articles of incorporation and asked for a permit to do business in 
 Texas, would the secretary of state have granted a permit in the face of the fact that 
 he knew it to be illegal? No, Sir; because the first duty of an officer is to enforce 
 the law. When there is doubt along his pathway as he treads it in the execution of 
 his duty, as to the legality of his steps he must halt and turn back. The doubt 
 must be resolved in favor of the law. There it was, circulated throughout this 
 state from the Gulf to the Panhandle, the American people everywhere standing 
 on tiptoe to hear it, that the great and majestic State of Texas would strike doun 
 the trusts and put the felons in bonds," 
 
 Mr. Searcy: "But musn't the grand jury first indict a man?" 
 Governor Hogg: "No, Sir; he can be arrested and bound over to the grand 
 jury, just as you do a negro, or a white man, up the state when he has committed a 
 crime. You set the officers after him to arrest him. It is very easy to trump up a 
 charge against a chap of that sort to hold him, but when the colossal criminal comes 
 to Texas he stalks abroad, defiant of the laiv, without complaint being made against 
 him, without the officers being called upon to arrest him, and that is ivhat causes me 
 to be ashamed of the act. I knoiv I tread upon ticklish ground, but by gatlins, I have 
 been used to it all my life. If such is to be the fate of our admirable laivs against 
 trusts in Texas, we had as well bundle then up and become the peons of the trust 
 magnates and carry out their ivill uithout complaint. We must as lawyers unsheath 
 our lances and walk forth against and strike against this colossus that overshadows 
 and threatens the happiness of our people. You may snigger and smile and smirk 
 and be derisive to me and the stand I take, but I say it is a crime to hint or connive 
 at indorsement in any form of the declaration that the anti-trust laws of our State 
 can be enforced against trusts by driving them into a new charter. If we do that 
 we declare that it is impossible to enforce the laws in Texas against the strong while 
 the penitentiary is full of the weak. As for myself, I allude to an act of a public 
 official presented here in the admirable paper of our friend Autry. If I have done so 
 with some feeling it is because every fiber in my being is attuned to the fullest extent 
 for old Texas, the pride of my life. 
 
 "It means that simply by being rechristened in another State, they can nullify 
 the law of this State and fasten their tentacles more firmly upon the State. If the 
 attorney-general had advised the secretary of State not to grant the permit because 
 the new company was a fraud and subterfuge, and if they had gone into court, and 
 the court had found that the company was not a subterfuge we would at least have 
 had a decree of the court to guide us in legislation hereafter. As it is we simply have 
 the opinion of the attorney general which renders nugatory the decree of the 
 court. * * * Mr. Smith has always been my friend, and is so today. I had no 
 idea of going into this matter; I did not know it was going to be sprung, but they 
 couldn't spring these trust matters too fast for me to tackle. I had nothing to do 
 with passing upon the permit of the Waters-Pierce Oil Company in 1889. The 
 then secretary of state passed upon such matters himself and denied permits to illegal 
 corporations. 
 
 "I would have had these rapscallions arrested if it had made me ten times more 
 unpopular with the trusts than I am now. There should have been some effort made 
 to strike down the octopus. I know that lawyers who are accustomed to looking 
 at the other side of the case are the hardest people in the world to discuss this 
 question before, but I thought the State was entitled to something more than a 
 change of clothes on the part of the corporation which had been found guilty. 
 
 "Mr. Hardy should have refused the oil company admission into Texas. Then 
 the property would have pone back into the several competing companies as it was 
 before the trust absorbed them. Rut according to Mr. Hardy, a trust can be made a 
 legal institution by merely changing its charter. If that is a fact then God spare 
 the people. Any lawyer who feels like placing himself on record as staying this is 
 the law, must take care of himself when he has to explain himself to God Almighty 
 and to the people." — The Galveston Daily News, July 26 and 27, 1900. 
 
The Political life-Story of a Fallen Idol 759 
 
 CHAPTER XXXV. 
 GENERAL M. M. CRANE'S ADDRESS, CRANE-BAILEY DEBATE. 
 
 The following is the substance of Mr. Crane's speech at the Crane-Bailey Debate, Houston. 
 Texas, October 6, 1906, as reported by the Dallas-Galveston News of October 7th. 
 
 NO RIGHT TO REPRESENT MONOPOLIES. 
 
 I am here to maintain the proposition that no United States Senator or Con- 
 gressman has a right to accept fees or employment from the monopolies or other 
 public corporations or their representatives, for the control of which he is sent to the 
 United States Congress or the United States Senate. 
 
 I do not deny any lawyer the right to accept a fee when he is in the private 
 practice representing any kind of a client. I do that myself, and make no apology 
 for it, but when a man enters the public service and his principal duty is the test 
 between American citizens and monopolies and the public service corporations, I 
 maintain that the greatest good and best results are secured by that man divorcing 
 himself as absolutely from these corporations as a Judge does when he tries a case 
 between the people and the railroad company. No, my fellow-citizens, I am announcing 
 no new rule. It is as old as the Government itself. I am announcing one I believe that 
 has been firmly imbedded in the public policy and that public policy particularly of 
 the South and West. You will remember that the Constitution of 1875 put a plank 
 in its platform, or rather a clause in the Constitution (Section 6, Article 4) pre- 
 scribing the qualifications of Governor, prescribing substantially that the Governor 
 shall hold no office in a corporation or otherwise than the office of Governor ; that he 
 shall engage in no business other than that of Governor, and shall receive no com- 
 pensation other than that of his salary for ser^'ices performed ; that he shall receive 
 no promises for services to be performed, even at the end of his term, until the term 
 has expired. They were not pessimists that made that Constitution ; on the con- 
 trary, among those who participated in that Constitutional convention was Judge 
 John J. Henry, now of Dallas; Judge Ballinger of Galveston and John Reagan of 
 Palestine, and the lamented John VV. Stayton, Chief Justice of the Supreme Court. 
 The Governor in taking that official oath regarded it as no reflection upon him, 
 but recognized that the rule was made to keep out any possibility of this kind. 
 
 CITES COMMISSION LAW. 
 
 It was a question that could not be abused and therefore would redound to the 
 public good. In 1891, the Texas Railroad Commission was created, and it was 
 provided in the act that created it (Article 4561 of our Statutes) that no Railroad 
 Commissioner should become interested in railroad property or its earnings, whether 
 situated in or out of Texas, and if he did become so interested he voluntarily vacated his 
 office as Railroad Commissioner, and if he became involuntarily interested in it he 
 must within a reasonable length of time divest himself of this interest or the office which 
 he held would be vacated. Not only that, but he was compelled to swear when he 
 took oath of ofl'ice that he did not own any such interest or was not interested in the 
 earnings of such corporations. Old John H. Reagan regarded it as no reflection 
 upon him when he resigned his seat in the United States Senate and took that place 
 on the Railroad Commission. No man who knew Judge Reagan believed he would 
 be false in such employment, but they did not know who else might get on the 
 Railroad Commission, and they swore they would be on the safe side. Not only 
 that, my fellow-countrj'men, when you granted the city charters to the various 
 cities in Texas you put clauses in those charters to the effect that members of your 
 City Council should in no way become interested in the public service corporations 
 or in any way become interested or receive any employment at their hands. 
 
760 Senator J. W. Bailey of Texas Unmasked 
 
 Why? Did you believe all the people you elected would be thieves? No, but 
 you believed in the rule of public policy that where you gave to the people of a city 
 government and a corporation a situation on the outside who when they came before 
 that corporation might be paid in emoluments and possible influence their action in the 
 same. Not only that, but your judiciary is hedged about in the same manner and 
 with the same limitation. A judge can not try a case in which he was interested, 
 where he has been former counsel, or is related to the parties or personally interested 
 in the result. Why? Do you believe a distinguished lawyer would try to be influenced 
 or could be influenced in that way? Some might not, but it is only safe rule to 
 adopt; therefore the Judge, though he be as pure as snow when he mounts the wool 
 sack, must be divested of every possible interest, and degree. If he does perchance 
 enter an order in the case in which an interest does exist, so watchful is the law of 
 the rights of her citizens to protect the administration of justice, it says the order 
 shall be void. You take your County and District Attorneys. They cannot receive 
 any compensation other than the law provides for them. Suppose your District 
 Attorney in this district. It may be said that he could take a civil case if he had 
 time to try it. I grant it. But suppose some man indicted for murder in Harris 
 County or is charged with burglary or murder and every kind of crime, and suppose 
 he goes to the District Attorney and employs him in his civil case, giving him 
 thousands and thousands of dollars to defend the case, what would the public say? The 
 public would say we will swap attornej'S. The fact is that the public will take no 
 chances on a proposition of this sort. 
 
 Now again this rule has been recognized everywhere. The last Democratic con- 
 vention that met at Dallas, of which Senator Bailey was a member and was on 
 the Democratic platform committee, they solemnly put into their platform a plank 
 against nepotism — that no head of a department should employ any member of his 
 family; that the Governor should not have his son for his private secretary; that 
 the Treasurer should not have his son in a clerkship. Why? Did they believe that 
 Gov. Lanham was false with his accomplished son as his private secretary or that 
 he was false to his duty? That wasn't the question. The question was this, and they 
 acted on the question, that it was dangerous and that it was a dangerous precedent 
 and subversive of the rights of the people to make it a merely family affair. How 
 insignificant is the employment of a relation in the public service compared with our 
 Congressmen and Senators who go to Congress to protect us against the illegal 
 exaction of monopolies and railroads, and then become the hired counsel for the 
 lailroads and monopolies that we employ them to protect us against. I don't care 
 whether they are railroads or not. 
 
 REFERS TO COKE AND OTHERS. 
 
 This, as I stated, is no new doctrine. We never had a United States Senator 
 before within my knowledge who ever accepted employment from these public 
 service corporations, even when times were less tense than they are now. Senator Coke, 
 whom we fondly indicated "Old Brains" and whom I loved for his personal kindness 
 to me as well as for his fidelity to the public interest, did not incumber himself by 
 accepting employment from public service corporations. John Maxey never thus 
 entangled himself. Roger Q. Mills never thus incumbered himself, though had it 
 not been for the accidental discovery of oil upon his land he would have retired 
 from public life a poverty-stricken old man. Judge Reagan, you know, died poor 
 and never accepted any employment from any client who would have favors to 
 seek of the body of which he was a member. 
 
 Now, my fellow-men, there are some people in this Nation who you delight to 
 honor. There are some men in this Nation with whom you may not agree upon 
 all questions, but with whom you do agree as staying in the proper place for public 
 officials. You will remember today that there is but one name with whom the 
 National Democracy dares to conjure, and that is the name of William Jennings 
 Bryan. William J. Bryan in a recent contest over a member of the executive com- 
 mittee (and I have his statement here more elaborate in his paper in reference to 
 
The Political Life-Story of a Fallen Idol 761 
 
 this executive committeemen) he said that no man connected with these public service 
 corporations should even serve on the National Executive Committee of this Nation. 
 If it be true that a man who is only interested in these public service corporations 
 can not sit on the National Executive Committee, how much less ought he to sit in the 
 United States Senate? How much less ought he to sit in this body and pass upon 
 the rights of the people? He states his reason for this. 
 
 PUBLIC MAN NOT HIS OWNER. 
 
 He says and argues that the man who incumbers himself with a public office 
 must accept no employment that shakes the confidence of even the unthinking in the 
 loyalty of him to the principles that he espouses as a politician. A public man is not 
 his owner, he belongs to his party and to his people, and he has no right, though he 
 be as honest as Paul, to incumber himself with dead weight that makes outside people 
 who do not know him suspect his loyalty to the convictions which he states in his 
 public speeches. 
 
 Now, fellow-citizens, I have another statement here. Mr. Bailey, you remember, 
 gave out a statement a short time since, I believe it was in his Greenville speech, 
 in which he stated that he refused to purchase Indian Territory land, or rather 
 lease it. Why? Because, said he, "Congress had to deal with that subject and I 
 would not touch it — I would not touch it." Now, remember he recognized the right 
 and he recognized the impropriety in that statement of doing anything that would 
 put him in a private position that was inconsistent with his public position. It ought 
 to have occurred to the distinguished Senator that when he accepted an attorneyship 
 for corporations that had to be regulated or ordered, when he formed such relation 
 with them that put him in touch with them and in common interest with them, that 
 it was inconsistent with the official position of a Senator. 
 
 Mr. Bailey used to think on more extreme lines than I do, even. In his testi- 
 mony before the legislative committee in Austin in 1900 he testified as follows: 
 
 In reference to his acquisition of the Gibbs ranch, he gave the reason why he 
 got it. He said that his friends, Jot Gunter and Robert Kleberg, tried to dissuade 
 him from assuming the burden that he then assumed. What did he say was the 
 leason that he got it? Said he: "I knew that as an honest man I could save nothing 
 in the public service." 
 
 DANGEROUS TO REPUTATION. 
 
 Now, fellow citizens, Mr. Bailey put that proposition stronger than I would 
 have done. I do not believe it is impossible for an honest man to make money in 
 the public service. No, but I do think it is an exceedingly dangerous thing to his 
 reputation — I do not care if he is as honest as his own mother. And when he injures 
 his reputation, he injures the people that elected him ; he impairs his efficiency and his 
 ability to serve them, and he ought not to engage in these entanglements. Mr. Bailey 
 gives as his reasons for it that he does not want to die poor and that he does not 
 want to take his family to the poorhouse. None of us want to do that. I don't 
 blame him for it, but let me say to Senator Bailey that there are two ways in which 
 he can avoid it: Resign his position and enter private business of which his earnings 
 and his time will all be his own, or, failing in that, if the salary is too small, have 
 him move the United States Congress to increase that salary so as to enable him to 
 live above want. What I mean to assert is that the American people are too big 
 and too patriotic to put their Senators and United States Congressmen on the 
 same basis of the part-paid policeman. They do not want part-paid policemen. They 
 are able to pay them their full salary and they are willing to do it, provided they are 
 not paying them enough already. 
 
 Now, fellow citizens, I come to the other question. It cannot be disputed, in 
 my judgment. The text writers lay down the rule that Federal Congressmen and 
 Senators and officers generally have no right to accept employment from those that 
 are adversely interested in the interests that they represent. Unless that were true, 
 don't you know that the street car companies, the electric light companies and the water 
 
762 Senator J. IV. Bailey of Texas Unmasked 
 
 companies, if you had not bought them — and maybe somebody will call you Socialists 
 for that — don't you know that they would employ the Mayor and all of his City 
 Council? Of course, it would be legitimate, and business. It might not influence 
 their action, but it would be a dangerous proposition for you to risk. 
 
 Now, what is Mr. Bailey's attitude to the corporations? It began in 1900. 
 A suit was brought against the Waters-Pierce Oil Company, complaining that it had 
 violated the Texas anti-trust law; that is, there were various allegations in the 
 petition — some to the effect that it had made contracts with merchants compelling 
 those merchants to buy oil from the Waters-Pierce Oil Company only; that they 
 dictated to their customers the price at which they should sell ; others, but they bound 
 them not to sell to anybody, man or beast, that bought oil from anybody else but 
 the Waters-Pierce Oil Company. 
 
 And again it was charged that it was a part of the Standard Oil combination. 
 I propounded interrogatories to H. Clay Pierce, of whom you have heard, conducting 
 the litigation, to know who owned the stock of the Waters-Pierce Oil Company. He 
 declined to answer, he said, for business reasons, and subsequent developments show 
 what those business reasons were. And in the meantime I had in contemplation 
 attempting to do what Attorney General Hadley of Missouri has so brilliantly and 
 efficiently done since. Republican though he be, I honor him for his fidelity to public 
 duty. But in the meantime I had taken depositions in Texas from Hopkins County, 
 from McLennan County, from Hunt County and all over the State of Texas, proving 
 conclusively that the Waters-Pierce Oil Company for a series of years had been 
 crushing competition at every point in Texas, violating the anti-trust law almost 
 every hour and minute of the day. Having proven that much, I thought it unnecessary 
 to delay the case to prove that it was a part of the Standard Oil trust, because that 
 was only one other violation. Proving enough to convict it I quit at that, but not 
 before I received the written admission from the two distinguished lawyers who 
 represented the company — John D. Johnson and George Clark — to the effect that 
 the Waters-Pierce Oil Company sold illuminating oils in a restricted territory since 
 defined by Pierce, without competition from any company engaged in the Standard 
 combination, and it sold oils nowhere in competition with those Standard Oil Com- 
 panies. 
 
 STANDARD OIL AGREEMENT. 
 
 Now, I thought that with the Standard Oil Agreement and with that further 
 compact that it sold oil nowhere except in restricted territories without competition 
 with the Sandard Oil, that it did not seek to compete with Standard Oil anywhere 
 else, that it was sufficient to show a combination between them. Would not you ? 
 
 The District Judge, and he was a learned Judge, and I make no complaint at 
 him at all, refused to submit the issue to the jury as to whether the Standard Oil 
 agreement was sufficient or not, withdrew it from the jury. I always believed he 
 did it for this reason, and this only, that he knew that if I could not convict them 
 upon the other count with such overwhelming testimony, I could not convict them 
 on the other counts. If I could convict on those counts, I would exclude it from the 
 State, and that was all that I could do if I proved all the counts. I did convict it. 
 It was excluded. That is to say, the courts adjudicated that it should be excluded. 
 It was appealed to the Court of Civil Appeals, there affirmed. It then went to the 
 Supreme Court of the State. It refused a writ of error. It then went to the Supreme 
 Court of the United States and that august tribunal affirmed the judgment of the 
 court below. I thought Mr. Waters-Pierce was done for; that he would have to 
 pay for the destruction of competition In this State. It had been the most cruel pirate 
 that ever sailed upon the commercial sea. But Senator Bailey appeared upon the 
 scene about that time, as he testifies, and I credit his statement, the only doubtful 
 point about it is that he Is corroborated by Clay Pierce; that Pierce told him that it 
 had never been convicted of being a trust, and that the thing done here In Texas 
 was at Brownsville, you know, the action of the inexperienced agent. 
 
 That was a whopper. The proof showed that It was in pursuance of a policy 
 outlined in the office in St, Louis, and the court submitted that to the jury and the 
 
The Political Life-Story of a Fallen Idol 763 
 
 jury found the facts that way. Brownsville, of course, was in it. So was the 
 entire State of Texas. Now, after that, Clay told the Senator that he was much 
 maligned, that it was an independent company, that Standard Oil had nothing to 
 do with it. The Senator swallowed his statement. And I think like the old Westener 
 did when approached by somebody who told him a story of what had occurred, that 
 he was too awfully credulous. 
 
 Think of it, fellow citizens, a man convicted of violating the laws of the State 
 of Texas on several different counts, because he was in charge of the corporation. Of 
 course he would say he was innocent. Did you ever see a man go to the penitentiary, 
 shackled with chains who does not swear that it was an outrage and that he was 
 innocent ? I used to practice criminal law. Sometimes they were unfortunate enough 
 to get convicted. But of all the number I did defend, I never had but one to admit 
 to me or my associate counsel that he was guilty, and that a poor, half-idiotic boy, 
 whom the jury acquitted in spite of his confession. 
 
 That is a fact that occurred at Meridian, Bosque County. Myself and Bill 
 Knight of Fort Worth were in the case. It was such an awful case that I would not 
 argue it. Bill turned to me and said: 
 
 "How shall we argue it?" I said: "We shall not argue it at all," and the jury 
 went out and that was the result. I guess the fact that we made no argument 
 saved him. 
 
 Now, Clay Pierce said it did not belong to the Standard, he said it did not 
 belong to the Standard. Oh, no, he was a good boy, and the Senator said that he 
 promised to be good, too, if they would let him back. He was sorry. He was like 
 the boy that his daddy was about to lick and when the boy's mother came in he said : 
 "Mamma, pop liked to got me." She said: "How did you keep him from it, son?" 
 He said: "I told him I was sorry," and he said I was sorry because he had caught 
 me. Hfe was wonderfully penitent now. 
 
 DID NOT SWEAR THE TRUTH. 
 
 Now the point I make is when Clay Pierce swore to that affidavit, the point I 
 make is that Clay Pierce did not tell the Senator the truth, and when he swore 
 that was an independent company — ladies, I won't say what he did, but God knows 
 he did not swear the truth. Now, how do I know that? I know that now by his 
 own confession. You know they chased him and old John D. Rockefeller. Every 
 time they catch John D. away from the church he locks himself up somewhere. He 
 prays to his God for his abundant mercy and gives contributions to colleges to edu- 
 cate his people to his way of thinking, and immediately pops the thumb screws to the 
 oil and raises the price to those same people. I love a good man, but God knows 
 I hate a hypocrite. 
 
 H. Clay said he had nothing to do with Pious John. I have the official report 
 of H. Clay Pierce's testimony here in my grip, and if anybody disputes what I say 
 about it, I will let any gentleman take it and print it in the newspapers exactly as he 
 says on that point. What is it? H. Clay said that at the date that the Waters- 
 Pierce Oil Company was convicted and sent to the — ought to have been to the 
 penitentiary along with him — but supposed to be excluded from the State, that 
 the Standard Oil Company owned at that date 68>'^ per cent, of its stock. They made 
 him say it and he admits that when the company was reorganized — God save such 
 reorganization — when it was reorganized he understood that John D. Johnson had 
 an understanding with the Standard Oil Company that in the so-called new corpora- 
 tion the Standard Oil Company would continue to own 68^/2 per cent, of the stock, 
 and yet he swore that it was an independent company and had nothing to do with the 
 Standard Oil Company. 
 
 How did he salve his conscience over that way? Why, it was agreed that the 
 stock should stand in his name for awhile all of it. Admitted in April or May, or 
 the first of June, 1900. In September, igoo, he transferred the stock solely to the 
 Standard Oil Company, and every dividend that the company earned he sent 68^ per 
 cent, of that dividend to the Standard Oil Company, in spite of his affidavit. Not 
 
764 Senator J. IV. Bailey of Texas Unmasked 
 
 only that, my fellow-citizens, but he states, too, that the Waters-Pierce Oil Company 
 had an agreement with the Standard Oil Company, which has been in existence and 
 has been observed ever since for nearly thirty years, by which it was agreed that the 
 Waters- Pierce Oil Company should sell oil only in a certain restricted territory and 
 nowhere else, and that the Standard Oil Company practically never did compete with 
 it. Why should it? It owned it. It controlled it. 
 
 EARNS ENORMOUS DIVIDENDS. 
 
 And he boasts, too, fellow-citizens, that as a result of the monopoly that the 
 Waters-Fierce Oil Company has earned from 600 to 700 per cent, annually as a 
 dividend. He has extorted from commerce, because you know that 600 or 700 per 
 cent, dividend is not fair and cannot be obtained from a free people by any ordinary, 
 honest means. 
 
 But Senator Bailey suggested to these people while they were in trouble, so he 
 says, that they disorganize and reorganize. Disorganized one day, reorganized the 
 next. Clay Pierce owned 3 1 J/2 per cent, of the stock in the company when it dis- 
 organized. The Standard Oil Company owned the rest, though it stood in one of 
 its creature's names. And then they reorganized, the same thing over again. The 
 same thing. No invoice taken. No oil wagon changed. No driver changed. No 
 anything changed. Same old thing over again. Claimed to have been born again 
 like a hypocritical Christian that never was born at all. Yes, a new birth. 
 
 SOLEMN JUDGMENT EVADED. 
 
 There, my fellow-countrymen, what have we got? Why was it done? It was done 
 for the purpose of evading a solemn judgment of the Supreme Court of this State, 
 affirmed by the Supreme Court of the United States, and the flag of proud old Texas, 
 with traditions that we love and her people ought to be proud, trailed behind an in- 
 fernal Waters-Pierce wagon. 
 
 Now, fellow-citizens, suppose that a street car company had undertaken to go 
 across your front yard, among your wife's flowers and roses. You go down to 
 Judge Kittrell's, Judge Ash's or Judge Hamblen's court and get an injunction. 
 You get a decree restraining them from so doing. This is affirmed by the Supreme 
 Court. What do they do? Why, according to Mr. Bailey's and Waters-Pierce 
 philosophy, all on earth they would have to do would be to dissolve tonight, reorganize 
 the next day and tell you to go to Hades. 
 
 Now, I have no criticisms of the dead, nor do I wish to discuss the legal 
 propositions involved beyond this, but I do know if I know anything, that when a 
 judgment is entered, or a written instrument is made, the sole and exclusive purpose 
 of which is to defraud anybody out of the result of a judgment that that is a fraudu- 
 lent instrument and a fraudulent judgment and void in law. 
 
 I do not care if it is the law in Missouri. The Attorney General of Missouri 
 wrote me that it was not the law there. The Secretary of State said it was. So the 
 contest is on in Missouri but whether from Missouri or not, before they can defraud 
 Texas out of her just rights secured in a judgment, and make me believe it is law, 
 they will have to show me more than a Secretary of State. Well, it got back. It has 
 been here six years; thanks to Senator Bailey. He said he was not paid for it. I accept 
 his statement. But, good Lord, what an indignity he put on us for nothing. 
 
 Proud old Texas humiliated, her laws spat upon, her courts defied, and because 
 H, Clay Pierce promised to be good. 
 
 There is one little significant circumstance connected with all this to show what 
 a hardened old sinner the Waters-Pierce Oil Company was. While the negotiations 
 were going on between the Attorney General and the chief attorney of Smith — I have 
 it here in the journal — great-big-hearted fellow, said — that was the 15th of May, 
 1900, after the case had been affirmed by the Supreme Court, and I presume after 
 the promise to be good, said ; 
 
The Political Life-Story of a Fallen Idol 765 
 
 SAME OLD REBATING. 
 
 "Mr. Johnson, please tell Mr. Pierce that I have a letter from Lulinij today, 
 Caldwell County, in which I find that the Waters-Pierce Oil Company is pursuing its 
 same old methods of rebating." 
 
 Yes. How could it get good? It never stopped its iniquity for one moment, 
 and yet it was permitted to come back. 
 
 Now, Mr. Bailey generously took on himself at the Waco convention six years ago 
 the entire blame for the whole transaction. All I have got to say is that he assumed 
 a monstrous load. It has been here for six j'ears. It has monopolized the oil trade 
 of this countn,', boasted that for years it did 97^4 per cent, or 98 per cent, of the oil 
 trade in Missouri, and my understanding is from all the sources I can get, they did 
 about 85 per cent, of the oil trade in Texas. Well, now, there is this about it all: 
 I do not think that H. Clay Pierce treated Senator Bailey right._ I don't. I don't like 
 to see a Texas Senator taken in by an Oily Gammon like he is. Now, there is this 
 further fact I want to call your attention to. Surely Senator Bailey has found out 
 before now how he has been treated, and when he loses his temper and denounces 
 everj'body that disagrees with him, I have been waiting to hear a denunciation of the 
 man who misled him and thereby caused him to mislead the State of Texas. Now, 
 fellow-citizens, he may denounce him, yet I don't know. The point I make is that 
 if he does it comes too awfully late. Why, in his Greenville speech he printed a 
 letter of H. Clay Pierce and called him Mr. Pierce. If I had been he, with the lights 
 before me, I would have denounced him as the "False and perjured Clarence," Henry 
 Clay Pierce of Missouri. I would like to see any man make a statement to me of a 
 fact and have me go and represent to my friends that it was the truth and let me 
 afterwards find out that it was a lie, and a deliberate one. That man and I could 
 never be friends any more. 
 
 But now, fellow-citizens, here is another result of that business: The Texas 
 Legislature in the spring of 1901 had a bill introduced into it by Judge McFall declar- 
 ing the whole entrance of the corporation into Texas a fraud. I do not mean to say 
 that this was the proper way in which to reach the point. On that I express no 
 opinion nor do I wish to, but The Dallas News in the Spring of 1901, during the 
 session, announced that Senator Bailey was in Austin, that he had come from 
 Washington to fight that bill. Why? Because the charge that it was a fraud re- 
 flected on him. 
 
 Don't you see? When a public servant mixes up with those rascally monopolies 
 he puts himself in front of them and keeps the Legislature and Congress from doing 
 their duty, because it is impossible. Now that is the trouble. God bless the common 
 people. 
 
 Now, fellow-citizens, it has been demonstrated that H. Clay Pierce of the 
 Waters-Pierce Oil Company is but the distributing agent of the Standard Oil Com- 
 pany. Pierce so swears himself. He does not buy a drop of oil from any other concern 
 except the Standard Oil Company and the Security Oil Company of Texas, which he 
 says is a Standard Oil organization. There you are. The Standard furnishes him 
 his oil. The Standard controls 683/2 per cent, of stock. The Standard has its 
 hands tied to a certain territory beyond which he dares not go, yet he swears he was 
 independent. 
 
 Now, fellow-citizens, I pass that. I have used it to illustrate the danger of our 
 United States Senators mixing up with questions of that sort. Now, you know the 
 Waters-Pierce Oil Company was doing an interstate business as well as State. Sup- 
 pose that Senator Bailey had received information, and the Lord knows if he had been 
 as industrious in that as he has been in other things he would have gotten it, that 
 the Waters-Pierce Oil Company was a trust and was doing an interstate business, 
 what sort of a position would he have been in to have offered a resolution in the 
 Senate to have directed the judicial machinery of the Nation he put into action, or 
 to have asked it to be put into action, to stop the depredations of this commercial 
 pirate on the people of his own State? How could he have done it? Why, he could 
 have said, "I got it there." He might have reached the same conclusion that The 
 
766 Senator J. IV. Bailey of Texas Unmasked 
 
 Dallas News reported him as stating, that it might have reflected on him. It seems to 
 me that he ought to have reached the conclusion that it did not reflect on Pierce for 
 lying to him. It was mighty hard for him to do that. What we want is, ladies and 
 gentlemen. Representatives and Senators to be in the exclusive employment of the 
 people of Texas. We don't want them to be making terms financially with these 
 corporations, not the ordinary corporations, but with those that stifle commerce, destroy 
 competition, and that are doing more to produce Socialism in this country than all 
 the other evils combined. 
 
 Now, one other proposition. The next, by the way, before I get away from it. 
 There is another danger always. A man will be misrepresented. They will over- 
 state what he did. Now, for instance, in connection with this Standard Oil incident, 
 I have heard, I don't know whether it is true or not, and the Senator can tell you, 
 that he drew the charter for the Security Oil Company, doing the work of the 
 Standard Oil Company, and was paid a salary for it, or a fee for it. Now, you sec 
 if to — 
 
 A Voice — Tell what you know about it. 
 
 Mr. Crane — Keep still, Bud, he knows him ; he will tell you what he knows, and 
 he knows all about it. Now, fellow-citizens, I pass that up. If the charge is not 
 true that is being currently reported in Beaumont and elsewhere, spoken of by his 
 friends as well as his enemies, why, he could refute it? But there comes the trouble 
 again. Whenever you mix up with those fellows they will overstate what you do. 
 So when a man lies down with the dogs he gets up with fleas and he can't help it. 
 That is what Mr. Bryan says is the great danger in all this business. The people 
 won't believe that you are disinterested whether you are or not. 
 
 KIRBY LUMBER COMPANY. 
 
 Now the next transaction we have Mr. Bailey figuring in is the Kirby Lumber 
 Company. I don't know anything about the Kirby Lumber Company much myself, 
 but I understand it to be the greatest monopoly in the Southwest. That is true, 
 my fellow-citizens, whether it was the cause or not I don't know, but since its organ- 
 ization I know that lumber that we could buy at $i8 and $20 a thousand now we 
 have to pay $45 a thousand for. I won't say it caused it, because I do not know it, 
 but wait; suppose it did not. Mr. Bailey is reported to have said that John H. Kirby 's 
 business got into trouble down here and he needed a lawyer. Now candidly, that 
 sounds like a joke. I do not mean to say that Mr. Bailey is not a lawyer, but why 
 Mr. Kirby should have had to have gone to Washington City, skipping over the entire 
 Houston bar, to find a lawyer God only knows; I don't. 
 
 I am not saying that because I am in Houston. I have said it everywhere, but 
 Houston has had for the last half century almost one of the most brilliant bars in the 
 Southwest, or, indeed, in the whole country anywhere. 
 
 Now, there may be good reasons for it. If so, the Senator can state them, but 
 the public don't understand them, and I am objecting to United States Senators 
 mixing up transactions that the ordinary plain man that he represents can not under- 
 stand and may misconstrue. But here is the proposition to which I invite your atten- 
 tion. The public prints state — and I see no denial of it from Senator Bailey — I don't 
 know what he did for the Kirby Lumber Company. He can tell you that and I don't 
 know how much time it took or anything about it — that he got a fee of $225,000. That 
 sounds pretty big to an up-country lawyer. I know some fool lawyers that would 
 work ten years for that much, but you know the bar is generous. We don't begrudge 
 Mr. Bailey a fee that he earns as a lawyer, provided that fee does not put him under 
 obligations, express or implied, to political enemies and trusts. Now, as I stated, 
 the public prints charged that he sold some of that stock or bonds of the Kirby Lumber 
 Company to some of the railroads of this county, the Frisco and Rock Island among 
 the number. He knows whether he did or did not. I have seen no denial of that 
 part. I have seen a denial that he sold it to the Santa Fe, or somebody else, but no 
 denial of this. Anyway, he sold it to somebody who had a whole lot of money, and 
 in my judgment not a great deal of sense. Why, because the company has been in the 
 
The Political Life-Story of a Fallen Idol 767 
 
 hands of a receiver almost from the day of its organization. There may be some reason 
 for that; I don't know. 
 
 Now, if Mr. Bailey did sell that stock and those bonds, or negotiated loans from 
 railroad companies that were appealing to Congress all the time for help, or to control 
 which he had been sent to the United States Senate, it seems to me, fellow-citizens, 
 that the tendency of that practice would be to put the recipient of those fees derived 
 from the sale of these bonds into close touch and under too much obligation to the 
 powers that we are seeking to control. 
 
 SENATORS CONVICTED. 
 
 Now, mark you, I am not saying that a man can not be honest and do that, 
 but it is the example that he sets. There are so many people that we send to Congress 
 who would not stand a tempatation like that. Now, don't tell me that there is any 
 sanctity about a United States Senator or about Congress. I have rubbed up against 
 these fellows sometimes. Their standards are not above ours. No, not all of them. 
 There are some remarkably good men there in both branches, but let me tell you. Do 
 you know that in the last three years there has been a larger percentage of United 
 States Senators convicted of crime than any other class of American Citizens? Now, 
 that is the God's truth. Let me name them for you. Dietrich escaped like the Dutch- 
 man who went to heaven, by the skin of his teeth. He committed an offense about a 
 day or two too early. Mitchell was convicted of fraud by his own law partner. He 
 was sent to the penitentiary and died pending an appeal. Burton of Kansas is in the 
 penitentiary now. Let me tell you, fellow-citizens, that dishonesty does not follow 
 party lines. There are as honest men Republicans as there are Democrats. I am a 
 Democrat and expect to live and die one, but they are not always honest. Let me 
 say to you, I know Democrats, and so do you, who you know ought to be in the 
 penitentiary. 
 
 A Voice — There is one on the stage. 
 
 Mr. Crane: Not only that, my fellow-citizens, old Depew — 
 
 Mr. Bailey: If the man who made that statement that I ought to be in the 
 penitentiary would make it to me, he wouldn't be able to get to the penitentiary. I 
 appeal to my friends not to interrupt Mr. Crane. I only wanted to reply to that 
 insult. 
 
 BAILEY EMPLOYED BY PIERCE. 
 
 Now what is the next move? Senator Bailey is found deputed by Henry Clay 
 Pierce — and that startled me, fellow-citizens, I didn't know it before. I knew that he 
 had a license to practice law. I really did not think that he had ever practiced much. 
 I knew that he was capable of making a good lawyer if he had turned his attention 
 to it, but I did not think he had ever done it. But it startled me when it was said that 
 he was such a magnificent business man that Clay Pierce intrusted thirteen niillions 
 of railroad bonds to him to use as his own. I don't know a lawyer within the circle of 
 my acquaintance that I would trust with that much money. Not that he is not honest, 
 because most lawyers are, but I would know that none of the lawyers that I knew 
 knew any more about finance than a monkey does about theology. Now the Senator 
 may be an exception to it, but it is another one of the things that his constituents don't 
 understand. He had charge not only of the railroads, but of the coal mines. What 
 does he know about mining? I pass that up to him. Now, fellow-citizens, what 
 was he? He had the general control of 365 miles of railroad property. Suppose 
 that Senator Bailey had been the general manager of one of the Texas lines when 
 he was a candidate for the United States Senate, how many votes would he have 
 gotten out of the Texas Democrats? Not that railroad managers are not honest. I 
 take no stock in that kind of rot. , •, ■ 1 
 
 Some of the purest and best men I ever knew were m the railroad employ, as 
 lawyers and otherwise, but they are not f^t for Government positions while they hold 
 that job. Now, fellow-citizens, you know as well as I do that the United States 
 government has to make contracts with the railroads every year to carry 
 the mails; you know, too, that the railroads get for that service an 
 
768 Senator J. W. Bailey of Texas Unmasked 
 
 exorbitant price, far more than is given the express companies for similar service, 
 and I never knew an express company to charge too little. Now what kind of a 
 situation was Senator Bailey in to contract with a railroad of which he was the 
 general manager or the general controller? He had it in the hollow of his hand and 
 at the same time was representing us poor people down here in Texas who get that 
 mail and pay the taxes. That is what I am objecting to. I am not charging him with 
 dishonesty, but I say that he is putting himself in a place where he can not serve 
 both at the same time. Now another thing; the tariff on coal comes in. Not only 
 that, frieght rates are to be regulated. Well, they gave us a little morsel in the Inter- 
 state Commerce bill this time. It was a mighty small one though, and it does not 
 taste altogether well. You can, in the course of human events, if you begin early 
 enough, get your Interstate Commerce Commission to consider the question as to 
 whether the rate on one commodity is too high, but if you don't start in the early 
 winter you won't get the question settled until the crops are all moved, and you won't 
 care anything about the rate then. Now we have been fifteen years getting that. If 
 Senator Bailey can accept employment like that, Senator Culberson can do the same 
 thing and the sixteen Texas Congressmen can do the same thing, and then to whom 
 can we appeal for relief on freight rates? To whom? Humanity is weak. The 
 greatest of men taught his disciples, good men as they were, to pray "Lead me not into 
 temptation." It is a good prayer for every man, and if I were permitted to add an 
 amendment to that without irreverence, I would say to Senator Bailey and the Texas 
 Congressmen to deliver me from Henry Clay Pierce because he is — (Interrupted by 
 cheers.) Now how would you feel? I appeal to my audience. I appeal to these 
 gentlemen on both sides here — business men and merchants. How would you feel if 
 you had to go to your Congressional delegation retained and paid vastly larger sums of 
 money than their salaries by these interests; how would you feel in appealing to them 
 against the exactions, the unlawful and cruel exactions of monopolies and railroad 
 companies? Why, you might as well go down here to Austin and appeal to the 
 railroad lobby over which my humorous friend Lige Perkins presides. You know that. 
 
 TIME TO MAKE INNOVATIONS. 
 
 Now, fellow-citizens, we are living in an age remarkable for its activities. We 
 are living in an age in which the forces of good and evil were never so active as now. 
 We are living in an age of greed and graft when the trustees of life insurance com- 
 panies practically embezzle the funds that are placed there for the benefit of the 
 policy-holders. We are living in an age when City Councils have sold their honor 
 to franchise-seeking companies — not all of them, but too many of them. We are living 
 in an age when bribery and corruption have walked erect throughout the land, corrupt- 
 ing Legislatures in Arkansas, in Missouri and elsewhere. Is it time, I ask you, to lower 
 the standard of official ethics? Is it the time to make an innovation and allow 
 Senators and Congressmen to accept fees from these same corporations that have been 
 bribing other Legislatures to become their employes at largely more than we are 
 paying them? Do you think it is safe? Suppose Senator Bailey always does right. 
 Notwithstanding that, how do you know his associates will be strong enough to do 
 it? And you never can tell by what a man is influenced. That is not the test. A 
 judge is not prevented from deciding a case in which he is interested because he may 
 decide it wrong, that is not it. Why, even Bacon, my fellow citizens. Bacon, who 
 had been guilty of bribery, who had debased the English judiciary, defied the whole 
 world to show where a bribe had ever influenced him to decide a case wrong, and 
 by the way, they have never been able to do it. It won't do to take that test. 
 
 Now, if Senator Bailey is correct, what follows? You ought to repeal your 
 statutes and constitutional provisions prohibiting a Judge from trying a case in which 
 he had been previously attorney. Why? Because it is a reflection on the Judge. 
 You ought to repeal that constitutional provision which prevents your Governor from 
 msking a contract for future employment while he yet fills th; (jovernor's chair. Why? 
 Because it is a reflection on his honesty and his integrity. You ought to repeal that 
 statute which denies the right of a Railroad Commissioner to own stock or be inter- 
 
The Political Life-Story of a fallen Idol 769 
 
 ested in the revenue of a railroad, either in or out of Texas. Why? Because it would 
 reflect on the character of the man filling that place. You ought to repeal the statute 
 found in the provision of your city character which prohibits your City Council from 
 accepting employment from the public service corporations. Why? It is a reflection 
 on them. 
 
 Fellow-citizens, as I stated to you in the beginning, I have no interest in this 
 except for good government. I am not a candidate for any office nor do I want any 
 office. I am content to dedicate the remaining years of my life to those who have 
 a right to my support and who are dependent upon me. I have had ambitions in 
 politics and I was reasonably successful. I never was unsuccessful but once and there 
 is no sore place here (indicating his heart) by reason of that. Some of the best 
 friends I have now are the men who did not support me. Not that. But I want 
 good government. I don't want our Congressmen and our Senators to become the 
 salaried men of John D. Rockefeller (prolonged cheering) or of H. Clay Pierce. That 
 means the same thing,, of the Waters-Pierce Oil Company, of the Security Oil Com- 
 pany, of the railroads and coal mines. I don't want that, because it would be worse 
 than appealing to Caesar when you knew that Caesar was going to cut you throat. 
 
 OPPOSES MUCK RAKES. 
 
 I don't believe in the muck rake business, but, gentlemen, as long as there is 
 muck there will be rakes, and the man in public life must not only be able to demon- 
 strate that he is personally clean, but must be able to demonstrate that the theories 
 for which he stands are the best and will result for the best to the masses of the people. 
 Now, I have some questions to ask the Senator, and I hope he will answer them 
 if he believes that he is right in his ethics. He says he is going to do as he has 
 done in the past to accept employment when it is tendered him just so it does not influ- 
 ence or interfere with his public business. He says that he will work for the people 
 half of the time and for Mrs. Bailey and the boys the other half. Did you know 
 that the Supreme Court of Texas, in the case of Fink vs. the Bank (86 Texas, 306), 
 Judge Tom Brown, the matchless jurist and citizen, announced the proposition that 
 the oflScial salary is given to officers for the purpose of relieving them against want so 
 that they can give their whole time to the public business? Now that is the Supreme 
 Court of Texas. So I say that if the salary is not enough, raise it. I don't mean 
 to be understood as saying that it is improper for a Senator or a Representative to 
 accept any kind of a case in vacation or make any argument in a court. I don't go 
 that far. If it is not an institution or man representing an institution that is asking 
 favors of Congress, within certain limitations I would be willing to concede it as 
 entirely right. But fellow-citizens, I stand here tonight and I expect to contend for 
 that until the clods shall fall on my coffin. 
 
 ASKS BAILEY QUESTIONS. 
 
 Let it cost what it may, I care not a whit, I intend to insist that Senators and 
 Representatives have no right to take employment from those that we hire them to 
 restrain and control. 
 
 Now, I ask the Senator, is he willing to submit to the Legislature that is to elect 
 him and ask them to pass on it without opposition from him, without putting his per- 
 sonality in the way, ask them to state whether they believe a United States Congress- 
 man or Senator ought to accept such employment? will he do it, and if they say that 
 he ought not, will he desist or will he cease to try to represent Texas and the corpora- 
 tions, too? If he does not want to do that, let me ask him, is he willing to submit 
 to the Democratic voters of Texas and invite them to pass on the question that I am 
 debating here, ought he, as United States Senator, to accept service from the monopolies 
 and the representatives of public service corporations, to control which he is elected, 
 and at the same time represent them in the Senate? Will he do this? If he will, God 
 knows I will be content. Will he do it? If the people of Texas say that they want 
 to fill Congress with corporation lawyers, serving these corporations while they are 
 serving the people, // they want to fill the Senate with them I have not a word to say 
 except God pity the people. 
 
770 Senator J. W. Bailey of Texas Unmasked 
 
 CHAPTER XXXVI. 
 LETTERS AND ADDRESSES OF HON. CULLEN F. THOMAS. 
 
 Waco, Texas, Oct. 6.— Hon. Cullen F. Thomas of this city, who was county attorney at the time 
 of the actions against the Waters-Pierce Oil company people, and naturally had much to do with the 
 cases here, has issued an open letter on the whole subject, which makes interesting reading. The 
 letter is in Mr. Thomas' characteristic style and is as follows: 
 
 HON. CULLEN F. THOMAS ARRAIGNS MR. BAILEY. 
 
 Senator Joseph W. Bailey, Gainesville, Texas. 
 
 Dear Sir: — On June i, 1900 in the city of Waco, in a conference between coun- 
 sel for the state and the Waters-Pierce Oil company, H. Clay Pierce said to me: "Mr. 
 Thomas, you are now my only stumbling block in Texas." He came from Austin fresh 
 from his triumphial re-entry into Texas. You had pointed the way to evade the ban- 
 ishment of the courts. The attorney-general had pronounced the forms of dissolution 
 and reorganization to be legal. The secretary of state had granted a new permit to 
 do business. His proposition of settlement of his Waco litigation, made thirty days 
 before in Waco in your presence, had been sanctioned by you, approved by my associate 
 counsel representing the state, but rejected by myself as county attorney of McLennan 
 county. Though I stood alone in those negotiations, in the light of the development 
 of the years since then I am far more proud of the compliment unintentionally paid 
 by Pierce than that offered by you when, more than ten years ago, at the free silver 
 convention, in the city of Fort Worth, you put your arm about me and said that I 
 should be in congress. 
 
 In those days, because of your brilliancy, you caught my admiration ; because of 
 your eloquence I hung upon your words; because of your attainments I rejoiced in 
 your career. But as the years have gone by, because of your service to an outlawed 
 trust, because of your entanglements with predactory corporations while pretending to 
 serve the people, because of your departure from the ancient ideals that made a South- 
 ern senator his people's pride, because you have forgotten the demand of the people for 
 their public ofEcials that a good name be chosen rather than great riches, I have become 
 convinced that you should no longer hold a seat in the United States senate. In this 
 open letter to you, in plain, but respectful speech, I shall declare the reasons for the 
 faith that is in me. 
 
 WHY BAILEY MISSED A TRAIN. 
 
 First — I charge that your real purpose in your sudden and unexpected return to 
 Texas, after having left Texas for Washington city, was to serve the Waters-Pierce 
 Oil company. 
 
 I am prepared to substantiate the following facts, which you will not deny: That 
 at the close of the contest between yourself and Senator Chilton you left your home 
 at Gainesville, April 24, 1900, the press announcing to resume your duties at Wash- 
 ington; that you did not go to Washington, but stopped midway at St. Louis, registered 
 at the Planters hotel ; that the reason for your failure to reach Washington, as 
 announced in a special therefrom to the Texas press of April 27, was that "Bailey 
 missed a train"; that in St. Louis you met and conferred with H, Clay Pierce with 
 reference to his troubles in Texas; that you tarried for several days and started back 
 to Texas; that you reached Austin on the morning of May I, 1900, and the three 
 [Bailey, Pierce and Johnson] registered together at the same hotel; that in a dispatch 
 in the Dallas News of the following day your arrival is noted, but that you refused 
 to talk to reporters; that a dispatch in the same paper of May 3, from Washington, 
 states that the announcement that Bailey had "turned up" in Austin was read with 
 "much surprise" in Washington; that after your conference at the capitol with the 
 
The Political Life-Story of a Fallen Idol 771 
 
 attorney-general and secretary of state you left Austin with Pierce and Jolinson for 
 Waco, arrived in the morning of May 2, and again registered together at the same 
 hotel; that you spent that day in conference with them and for them seeking to get rid 
 of the Waters-Pierce oil litigation at Waco; that you and they, on that night, left the 
 city as noiselessly as you came ; that with your whereabouts unknown in the meantime 
 you did not reach Washington until May lO, and expressed regret that you did not 
 get to attend the funeral of Hon. David B. Culberson, who had died at Jefferson May 
 7, with no mention about your participation in behalf of Pierce in his Texas difficulties. 
 Now, if your return was in answer to a telegram, as you state, received at Par- 
 sons, Kan., why go on to St. Louis to get back to Texas? Or, if the call was so imper- 
 ative that you should come to Texas to look after matters political, why dally in St. 
 Louis so many days ? And if your purpose was an open one — and you always fight in 
 the open — why refuse to talk to reporters? And if, as a citizen and a senator, you 
 were proud of your part in chaperoning Pierce back to Texas, as you have since de- 
 clared, why did you then conceal your patriotic act from the people until I made the 
 facts public at the Waco convention in August ? And if, as you announced in your ad- 
 dress before that convention, you just "happened to be in Texas," how did it happen 
 that you came with Pierce, stayed with Pierce, left with Pierce, and happened to have 
 political troubles in the only two places where Pierce had court troubles? 
 
 PRACTICING INFLUENCE AT AUSTIN. 
 
 Second — I charge that in assisting the Waters-Pierce Oil company to come back 
 to Texas, after being driven beyond our borders as an outlaw, you are a particepts 
 criminis in the most collossal fraud ever perpetrated in the name of law on a confiding 
 public. 
 
 In your Waco convention address you said boastfully: "I am proud to have brought 
 the Waters-Pierce Oil company to the feet of the attorney-general of Texas." 
 
 In your Greenville defense, you say apologetically: "I had no more to do with 
 the actual re-admission of the company in this state than Senator Looney. I did not 
 know when they organized the new one. I did not know when they applied for the 
 permit to do business." But I answer that you had more to do with the re-admission 
 of that company than all the state senators and federal senators between the oceans; 
 that, if you did not know when, you knew they applied for the permit, you did know 
 that the new application would follow the dissolution of the old corporation as the 
 night follows the day. 
 
 And how did they dissolve? The five directors and stockholders in the St. Louis 
 office of the Waters-Pierce Oil company (you know where that is), met and passed 
 this resolution: "Be it resolved that we be dissolved;" then copied verbatim the old 
 charter ; then filed a copy at Austin ; the farce was completed and a proud common- 
 wealth was left with an empty bag to hold. It was you who suggested this shuffle of 
 charters in Missouri. It was you who officiated as the undertaker for the old and the 
 wfet-nurse for the new. It was you who manipulated as prestidigitator, the sleight-of- 
 hand performance by which the outlaw came back without a change of clothes or 
 name, that laughed at law, made a mockery of court, cheated the people of their victor}'. 
 
 But a little parallel may serve to point a moral. Ralph Burton was a senator 
 from Kansas; Joseph Bailey was a senator-elect from Texas; the Rialto Grain com- 
 pany of Missouri, for violation of law, was denied the right to do business by the gov- 
 ernment at Washington. The Waters-Pierce Oil company, for violation of law, was 
 denied the right to do business by the government at Austin. Burton used his influ- 
 ence for the Rialto Grain company with the postoffice department at Washington; 
 Bailey used his influence for the Waters-Pierce Oil company with the attorney-general's 
 department at Austin. Burton was indicted, tried and convicted; Bailey crowned king 
 of Texas, can do no wrong. Burton, humiliated, disgraced, broken-hearted, protesting 
 his innocence of wrong intent; Bailey, like the Pharisee of old, thanking God that he 
 was not like other men, threatening a resolution of expulsion in the senate before Bur- 
 ton could resign. Burton, Republican, wears felon's garb ; Bailey, Democrat, struts in 
 a senator's toga. 
 
 And far-off Oregon had her Mitchell. He, too, was a senator. He, too, claimed 
 
 n-18 
 
^^2 Senator J. W. Bailey of Texas Unmasked 
 
 the right to practice law. He, too, had visions of the poorhouse in old age, then nearly 
 three score and ten. Mitchell had a law partner in Portland ; that partner had a friend 
 who wanted patents to some government lands. That friend asked Mitchell's part- 
 ner to ask Mitchell to use his influence with the department at Washington. Mitchell 
 never forgot his friends ; the patent issued ; the government discovered fraud. Mitchell 
 swore he got no fee, but he did all he did for his friend's friend. Mitchell was con- 
 victed as a criminal, because a federal statut; prohibited senators and congressmen from 
 "practicing influence" with the departments at Washington. What if Texas had such 
 a statute? Or what if you had migratcc' to Oregon when you left Mississippi to go 
 to congress? Has it come to pass that Southern states must pass criminal statutes to 
 compel their senators to serve the people who elect them rather than special interests 
 that pamper them ? 
 
 PRACTICING INFLUENCE AT WACO. 
 
 Third — I charge that when you stood sponsor for the pretended dissolution of 
 the Waters-Pierce Oil company you were further recreant to your high duties, be- 
 cause you thereby balked the state in its prosecutions of Pierce's company for civil 
 penalties at Waco, blocked the officers of the state in their long contest with this trust 
 marauder and defrauded the people of the state of the fruits of their victory, all but in 
 their grasp. 
 
 Let the facts speak. At Greenville, where you assumed to review with great de- 
 tail your entire connection with the Waters-Pierce Oil company imbroglio, you failed 
 to mention the conspicuous service you rendered at Waco, May 2, 1900. After re- 
 viewing what you say you did at Austin but the day before, you add: "I then took the 
 train. I went from there to Washington to resume my public duties." You forgot to 
 add that you took the same train as Johnson and Pierce and private car, that you and 
 Johnson and Pierce devoted the day to discussion and consultation over the Waco liti- 
 gation. You remember the civil suit against the Waters-Pierce Oil company was for 
 more than one hundred and five thousand dollars; that the action was based in part 
 on the allegation that the defendant was a branch of the infamous Standard Oil 
 company, with the story of whose shameless bribery and browbeating, fraud and per- 
 jury, corruption of courts and law-makers for a quarter of a century throughout the 
 nation, you were familiar; that in addition the state alleged and was prepared to prove 
 a system of cut-throat transactions throughout the state of Texas, destructive of com- 
 petition in defiance of law. You remember the proposition made by Pierce and sanc- 
 tioned by you of the pittance of ten thousand dollars; that I rejected the proposition as 
 county attorney and in the conference among all hands at which you were present, 
 stated my grounds as follows: (i) That I was opposed to the compromise of such 
 suits on principle, but though so disposed in this case, the amount was entirely inade- 
 quate; (2) That the offer was further coupled with the proposition that the Waters- 
 Pierce Oil company pay counsel associated with me for the state a fee for their service, 
 which I thought improper; (3) That the proposition was coupled with the condition 
 that the criminal case pending against Pierce be dismissed, which I firmly and steadily 
 refused to do under any circumstances. 
 
 What became of the suits for penalties? In November, 1900, the district court 
 dismissed the cause from the docket? Why? Because the defendant filed a plea in 
 abatement. Containing what? An affidavit that the Waters-Pierce Oil company had 
 dissolved? Yours. Who were you? The chosen champion of the people of Texas 
 in their war against the trust. 
 
 And now mark these words further: I charge that you not only, by aiding and 
 abetting in the fraudulent dissolution of the Waters-Pierce Oil company, defeated the 
 lecovery of our penalties, but that your influence was invoked by the defendant after 
 you left for Washington to prevent steps looking to a collection of these penalties. I 
 charge that immediately after the dissolution that when private counsel for the state 
 then in Waco (you know what that was) made a threat to the attorney-general of the 
 ^Vaters-Pierce Oil company in Texas (you know who he is) that he would apply to 
 the court for a receiver and claim that the property of the old was the same as the 
 property of the new company (and you know they were), said general-attorney in 
 
The Political Life-Story of a Fallen Idol 773 
 
 Texas requested the general counsel for the Waters-Pierce Oil company in St. Louis 
 to communicate with you at Washington and have you use your personal influence 
 with said private counsel for the state not to apply for said receivership and the receiver- 
 ship was never applied for. I further charge in this connection that confidential rela- 
 tions were sustained between yourself and the counsel for the Waters-Pierce Oil com- 
 pany during the summer of 1900, relative to its readmission into Texas. I await your 
 denial. 
 
 WHY NOT STRIPES FOR PIERCE? 
 
 Fourth — I charge that when you came to Waco and suggested to me as county 
 attorney the dismissal of the criminal indictment against H. Clay Pierce you forgot your 
 fealty to Texas, and if not the hireling, as you deny, became the obsequious servant of 
 the conscienceless commercial freebooter. 
 
 Again and again, on the stump, in the press and in the senate you have heralded 
 as a remedy for violations of the anti-trust law to put the trust magnates in stripes. 
 "Why did you not practice then what you preach now? Why, in May, 1900, did you 
 not come to Waco to prosecute rather than with a plea for Pierce? 
 
 Who was Pierce ? He was then notorious as the consort of John D. Rockefeller. 
 He originally sneaked into Texas under false pretenses as to the capital stock of his 
 company to defraud the state of its honest taxes. He and his allies had formed a crim- 
 inal conspiracy to parcel out the territory of this Republic, and, like conquering mau- 
 rauders of old, pillage the people. He and his agents were jointly indicted with the 
 Standard Oil trustees as accomplices in crime by twelve good men of McLennan county, 
 for twenty years of outrageous violations of our laws. He had been for four years a 
 fugitive from justice, fighting extradition, defying a sovereign state, not daring to sub- 
 mit to trial, thereby confessing guilt. All the machinery of the state had been in mo- 
 tion to bring these respectable malefactors to justice. By my predecessor, J. W. Tay- 
 lor, one of his employes had been tried and convicted, the case appealed and reversed. 
 I had followed to the Federal courts four Texas agents, seeking to be released upon 
 habeas corpus before Judge Charles Swayne, charged to have been sent from Florida 
 to this jurisdiction by Standard Oil influence. I invited the co-operation of Attorney 
 General Crane, who responded gallantly and ably. We fought the cases from Waco 
 to Dallas, Swayne holding the law unconstitutional, and thence to Washington to the 
 United States supreme court reversing Judge Swayne. I repeated former efforts to 
 extradite the pious Rockefeller, the notorious H. H. Rogers, and Henry 1\L Flager, 
 of Florida legislative fame. I was specially commissioned by Governor Savers and in 
 company with John W. Baker, sheriff of McLennan county, went to New York, seek- 
 ing unsuccessfully to have Governor Roosevelt surrender the Standard Oil magnates 
 to the Texas authorities. Under these circumstances, in the midst of these diflficulties, 
 conscious of the unequal struggle, I would have welcomed your sympathy and assist- 
 ance. You came to Waco, not for the state clad in fighting armor, but, as you have 
 said, interceding in behalf of H. Clay Pierce — the same Pierce who has of late dis- 
 tinguished dodging process servers; who was in hiding for days in his elaborate and 
 luxurious quarters in the Waldorf-Astoria (where you always stop) ; who barely 
 escaped in his famous car, with which you are familiar; who dallied for months between 
 doctor's certificate and broken promises; who, when finally caught, was forced to 
 confess that his company was but a tool of the Standard Oil company ; who, by his 
 own words, wrote himself a common, every-day perjurer, and who, in the years since 
 David Francis' letter of introduction had confided to your care as agent, trustee or 
 client, if j'ou please, railroad interests amounting to many millions. 
 
 You swore at Austin: "I further told Pierce that unless he did intend to obey 
 our laws it would be better for him not to come at all, because he would be driven out, 
 and I would help to do it." Now, why don't you make good? 
 
 As he sought to deceive me when he solemnly declared in the city of Waco that 
 his company had been divorced from the Standard Oil company; as he defrauded my 
 state by filing a false affidavit, which he then and there knew was false, and has since 
 confessed to be false, I want to see him put in the chain-gang for false swearing. 
 
 My services are at the disposal of the state. Are yours? 
 
774 Senator J. IV. Bailey of Texas Unmasked 
 
 HEAR IN THE WRONG PLACE. 
 
 Fifth — I charge that no satisfactory explanation has ever been made by you to 
 the people of Texas for your uncalled for, unwarranted, unsolicited interference with 
 the officials of this state in the performance of their public duties. 
 
 From beginning to end, you acted with and for Pierce. Your service was not to 
 the state, but to Pierce. What Pierce wanted, you wanted. Pierce sought re-admis- 
 sion, you aided in re-admission. Pierce made a proposition in the penalty suit ; you ad- 
 vised the same proposition. Pierce wanted his criminal case dismissed ; you would 
 have been pleased to have it dismissed. The state had fought to drive Pierce out; you 
 were seeking to bring Pierce back. The state had demanded the penalties provided by 
 law ; you stated you did not want to see his company mulcted. The state was trying 
 to send Pierce to the penitentiary; you wanted "to spare Pierce the humiliation of a 
 trial." The question that will not down is why this partiality for Pierce, whom you 
 had not even known? If willing to have Pierce's indictment dismissed, why not dis- 
 miss the hairless Rockefeller's? If not Rockefeller, why favor Pierce? When you 
 first mentioned an adjustment at Waco (and you were the first person who ever ap- 
 proached me on the subject) j'ou stated you did so at the instance of David Francis. 
 Before the Waco convention you explained that you obeyed the bidding of Francis 
 because "his heart lay next to mine." All mankind know how in ancient times the 
 "soul of Jonathan was knit to the soul of David." All Texas wants to know why 
 the heart of our modern Joseph (not he who fled from Potiphar's wife) was knit to 
 the heart of our modern David. You paraded at Greenville with great emotion the 
 purchase of the Grapevine ranch, because a brother of Barney Gibbs befriended you as 
 a bare faced boy back in Mississippi. But Gibbs did not help you buy of Francis; 
 Francis was helping you buy of Gibbs. Tell the people the ties that bound you and 
 Francis. Were they those of attorney and client? As you have represented him since 
 in railroad complications involving millions did you represent him before? If so, where 
 and when and in what capacity? Or is it possible the affinity was political? And if 
 political, was it the Bryan animus of 1896 that made Francis bolt Bryan for Palmer 
 and Buckner and caused you to sulk in your tent, not condescending to call the name 
 of Bryan? 
 
 Again you grew indignant in your testimony before the legislative committee (and 
 we would like to have a senator who does not have to be investigated every six years) 
 because the name of another friend of yours was brought into the controversy. That 
 friend whom you laud was Joseph Sibley of Pennsylvania, notoriously connected with the 
 Standard Oil company interests. It was not the public but you and Gibbs, the parties 
 to the land deal, who connected Sibley with the deal before the public ever knew the 
 deal was brewing. The Dallas News of June 25, 1900, twenty-five days after the sham 
 re-admission of the Waters-Pierce Oil company, contains this interview with Governor 
 Gibbs: "I have contracted my Grapevine farm to Ex-Governor David R. Francis 
 of Missouri, Hon. J. W. Bailey of Texas, and Congressman Joseph C. Sibley of Penn- 
 sylvania, because I got tired of farming after more or less experience in the business 
 all my life." 
 
 The St. Louis Republic of June 25th, in a special from Dallas on the magnitude 
 of the purchase, says: "Mr. Bailey makes the following statement as to how he hap- 
 pened to make this big land trade: 
 
 "Former Governor David R. Francis, of Missouri, and Congressman Joseph C. 
 Sibley, of Pennsylvania are among my closest and mose appreciative friends. Mr. 
 Francis and Mr. Sibley have often urged me during the last five years to look more 
 closely after my material interest and those of my family, even though I should have 
 to retire from public life to do so. I have never had any absorbing desire to make 
 money or accumulate property. The public service has had a strong fascination for 
 me, and I believe I have been of some benefit to my country in that connection. But 
 Mr. Sibley and Mr. Francis finally impressed me with their advice, and I told them 
 plainly about Governor Gibbs' ranch, which he had suggested he would like to sell to 
 me. I said to them: 'If you gentlemen are interested in my business welfare, buy me 
 that farm, let me remit and pay you as I can.' They took me at my word and the 
 
The Political Life-Story of a Fallen Idol 775 
 
 papers are all ready now for filing in the Dallas county court house. The deed will 
 be placed on record tomorrow or next day. The consideration given Governor Gibbs 
 is eighty thousand dollars in cash and twenty-one thousand acres of land on the Pecos 
 river, about 500 miles west of Dallas. Messrs. Francis and Sibley allow me thirty 
 years in which to pay the debt I owe them. I shall dispose of the interest I have in a 
 stock farm near Lexington, Ky., and engage in raising blooded horses and grain crops 
 out at Grapevine." To this the Republic adds the following "as Governor Francis' 
 ftatement made last night:" 
 
 "I know that Mr. Bailey has purchased the farm, but I am not familiar with all 
 the details of the purchase. Whatever Mr. Bailey says about them is undoubtedly 
 correct. So far as any suggestion from Mr. Sibley and myself to Mr. Hailcy is con- 
 cerned, I think he is fully able to look out for himself, and would see a bargain as 
 quickly as I or any other man would. However, it is a matter that Mr. Bailey can 
 better tell about than anyone else." 
 
 On September 23rd, explanation being still in order. Governor Gibbs gave out 
 another statement in which he said he had sold the Grapevine ranch "to Mr. Bailey for 
 D. R. Francis." On January 15th, Governor Gibbs, in the Austin investigation in 
 response to the question "Was this trade with Mr. Bailey?" on oath: "I traded with 
 Mr. Francis." 
 
 First Bailey, Francis and Sibley bought it; then Bailey and Francis only own it; 
 next Bailey was trading for Francis; afterwards Bailey claims it; finally none of them 
 will have it. 
 
 I will not here insinuate that to associate your service with the Waters-Pierce Oil 
 company through Francis and your possession the Grapevine ranch through Francis 
 is logical ; it is chronological. 
 
 CANNOT SERVE TWO MASTERS. 
 
 Sixth — I charge that you have departed from the standards set for themselves by 
 an unbroken succession of Southern senators and abandoned your own earlier ideals of 
 the duties and opportunities of a conscientious public servant. 
 
 During your senatorial contest six years ago, I heard you declare that, should you 
 die there would be "no meal in the barrel" for Mrs. Bailey and the boys, but instead 
 you hoped to leave to them as a richer heritage an unsullied name. 
 
 Before the legislative committee a few months later, in explaining your purchase 
 of the Grapevine ranch, making a cash payment of $4,000, assuming a debt of $76,000 
 on thirty years' time, over the advice of your good friends, you said: "Ordinarily I 
 should have followed their advice; but knowing that as an honest man I could make 
 nothing in the public service, my only hope of a modest competence to protect me against 
 an old age of poverty and want was that I could find some transaction like this and 
 by careful management save something out of it." 
 
 Verily, verily, I say unto you, times change and men change with them. 
 
 In your Greenville address this appeal brought applause: "My countrymen, when 
 I work over half the time for you at $5,000 a year, don't you think I ought to be per- 
 mitted to work the other half of my time for Mrs. Bailey and the boys?" There was 
 a time when j-our strict standard of public duty was that you contended that congress- 
 men should be docked their per diem for absent days. Now you advance the right to 
 draw full pay from the government for all your time, and work for the government but 
 half the time. 
 
 To illustrate how a little leaven may leaven the whole lump, in May, 1900, when 
 the final vote was taken in congress on the Nicarauga canal, the cherished dream of 
 Southern people and the nightmare of the transcontinental railroads, instead of stand- 
 ing at your post of duty in Washington, you were a thousand miles away, in company 
 with H. Clay Pierce, with your heads together, hatching a scheme which the attorney- 
 general of the state recently charged, in a suit now to undo what you did then, to 
 have been a fraudulent conspiracy against your state. Since that day fears of the poor- 
 house have vanished. Your ability as a lawyer has attained recognition. Your light 
 is no longer hidden under a bushel. Fabulous fees have poured into your lap, though 
 never appearing in a courthouse except to make a political speech. Pray tell us the 
 
776 Senator J. W. Bailey of Texas Unmasked 
 
 get-rich-quick scheme by which, in six years, the empty meal barrel becomes a money 
 barrel. 
 
 From the full barrel has sprung a few leaks; this is one. The Security Oil com- 
 pany is organized at Beaumont; you live at Gainesville; Beaumont has good lawyers; 
 a Gainesville lawyer is selected to draw the charter; you are the Gainesville lawyer; 
 the ordinary fee is from $50 to $100; you are paid $5,000. The attorney-general of 
 Texas, in the suit pending against the Waters-Pierce Oil company charges that the 
 Security Oil company is owned and controlled by the Standard Oil company. The 
 attorney-general of Texas has announced to the people of Texas that his petition con- 
 tains no charges he cannot sustain. What is the milk in the cocoanut? 
 
 The State has grappled with three great monopolies since you become a senator. 
 It brought an unsuccessful suit against the Kirby Lumber company, resulting in a 
 state scandal; you turn up as attorney for that company. It drove the Anheuser-Busch 
 Brewing association from our borders; you turn up as attorney for that Adolphus 
 Bush, one of its chief owners. It banished the Waters-Pierce Oil company, you turn 
 up as attorney for H. Clay Pierce. In Heaven's name, tell the people who else you 
 represent. Not a lawyer in Texas, if his good name be assailed, but will open his 
 books, disclose his every client, give the amount of his every fee, and state in detail 
 what you have yet failed to state, the exact nature of his services that the people may 
 know whether or not the laborer be worthy of his hire. 
 
 Rhode Island has her Aldrich, representing Standard Oil; Pennsylvania has her 
 Knox, representing United States steel interest; New York has her Depew, represent- 
 ing the Vanderbilts, and driven into exile because of life insurance retainers. I pray 
 that Texas, as in the past, may be spared such as these. Coke attained the supreme 
 bench ; in the senate he never had a corporation client. Reagan served sixty years in 
 many stations; his most enduring monument is that he died poor. Mills fought the 
 tariff barrons twenty years; he never became entangled in their nets. Chilton, whom 
 you unhorsed, was a brilliant lawyer before he became senator; in the senate he had 
 no clients but the people of Texas. Culberson, your colleague, would ornament any 
 assemblage of lawyers in the land ; the whisper of corporate influence never touched 
 his name. Hogg put aside senatorial ambitions; he believed as you once believed that 
 as an honest man he could make nothing in the public service. 
 
 Differing with all these, you say you can without conflict serve your clients and 
 the State ; I answer you can as easily ride two horses racing in different directions at 
 the same time. You say you will gather gold by every wile that is justified by honor; 
 I answer that it is easier for a camel to go through the eye of a needle than for your 
 heart to be in sympathy with the heart-beats of those who toil, while prospering amid 
 the smiles and wiles of the frenzied financiers. You say that your rich retainers from 
 interests with which the people are at war never reach your judgment: I answer 
 that as it is true "the ox knoweth his owner and the ass his master's crib," a United 
 States senator knows on which side his bread is buttered. Under which flag, Ben- 
 zonian ? 
 
 DEMANDS OPEN FIELD .^ND FAIR FIGHT. 
 
 In conclusion, you run to cover by charging that criticisms of you are an assault 
 on the Democratic party. We answer that following the demands of William J. 
 Bryan, to relegate from leadership corporation hirelings, we are set about to purge 
 the Democratic party. You charge that these attacks are inspired by William Ran- 
 dolph Hearst, because forsooth, you stood in the pathway of his ambition. We answer 
 with as much of proof that your abuse of him is because he has dared to brand you 
 as a corporation lackey, and stood in the way of your ambition. You spread the report 
 that Hearst would spend a million dollars to defeat your return to the senate. We 
 answer that the only money yet shown he has ever sent to Texas was when out of his 
 abundance, by special train, across the continent, he sped provisions and stores to succor 
 the stricken Galveston in the hour of her desolation. You say this crusade is the work 
 of a coterie of sorehead politicians. We answer that back of the politicians and parti- 
 san press rushing to your support, is an uprising of the people, born of distrust in your 
 fidelity to the people's service. You boast that you will make your opponents rue the 
 hour they were born. We answer, better never to have been born in a land of free 
 
The Political Life-Story of a Fallen Idol 777 
 
 speech than to be awed into silence by one who would coin the influence gained by 
 the confidence of the people into gold for himself. You threaten to drive your de- 
 tractors into the Gulf of Mexico. We answer that, should you succeed, you will have 
 shut up the stores, closed the banks, silenced the forges and depopulated the farms of tens 
 of thousands of honest men throughout Texas, who in former days delighted to cheer 
 their idol's name. You say that a Texas legislature investigated and endorsed you six 
 years ago. We answer that you are welcome to that coat of whitewash, and we appeal 
 from the legislature of 1901 to the legislature of 1907. You ofier the legislative vote 
 of six years ago and the convention vote of two months ago as an answer in bar of the 
 present charges. We answer to the former that it is like unto a plea of limitation in 
 a civil suit to defeat an honest debt, and to the latter that it is like unto the plea of 
 former jeopardy in a criminal case, with newly discovered evidence offered by the state 
 to whip the ends of justice. 
 
 We invite you to submit those issues to the great forum of the people. We chal- 
 lenge you to throw down the bars; release members of the legislature from their in- 
 structions ; hand back the nomination to the Democratic party ; join in an appeal to 
 the county and state executive committees; give us an open field and a fair fight; then 
 let the race be to the swift and the battle to the strong. 
 Yours respectfully, 
 
 CuLLEN F. Thomas. 
 
 THE STRANGE STORY OF DR. JEKYLL AND MR. HYDE.— BAILEY IN 
 HIS DUAL CHARACTER. 
 
 BY HON. CULLEN F. THOMAS. 
 
 Dallas, Texas, December 13th (Times-Herald, Dec. 14th), 1906. 
 
 Mr. Thomas was received with enthusiastic applause. His introductory remarks 
 were as follows : 
 
 "I am glad to greet this representative audience of the great metropolis of Texas. 
 I strike hands with you tonight in a common cause — that of civic righteousness and 
 good government. You and I have read the strange story of Dr. Jekyll and Mr. Hyde. 
 (Laughter.) It represents the dual nature of Man. It represents the warfare in the 
 life of every individual between the tendencies to do good and the temptations to do 
 evil. Dr. Jekyll was a distinguished member of his profession. He discovered a secret 
 drug which when administered suppressed the good and developed the bad. Dr. Jekyll 
 as he went out and in among men, had the manners of a gentleman. Mr. Hyde under 
 the influence of this mysterious drug, was possessed of the demeanor of a boor. Dr. 
 Jekyll as he walked among his fellows possessed their respect and admiration. Mr. 
 Hyde as he slunk away from the haunts of men possessed and deserved their con- 
 tempt and condemnation. , Dr. Jekyll in the day-time stood above reproach in the 
 world. Mr. Hyde in the night-time stooped to the commission of the lowest crime. 
 This wonderful story, perhaps, you have seen presented on the stage. 
 
 PLAY ON POLITICAL STAGE. 
 
 "On the political stage of Texas there is being enacted the strange story in real 
 life of Dr. Jekyll and Mr. Hyde. (Applause.) Dr. Jekyll, in eloquent and plausible 
 speech, receives from the plain people their applause and hurrahs. Mr. Hyde, in the 
 counting room and councils of the money lords, is patted by them upon the back. Dr. 
 Jekyll, with a tongue that Anthony might well envy, inveighs against the depredations 
 of the trusts. Mr. Hyde becomes the pampered pet of the trusts. Dr. Jekyll advo- 
 cates on the hustings and in the Senate hall that trust magnates be placed in stripes. 
 
 THE MR. HYDE ROLE. 
 
 "Mr. Hyde leaves his post of duty and comes back to Texas to plead that the trust 
 magnate be relieved of stripes. Dr. Jekyll, in his place as a Senator, places or seeks 
 to place the oil pipe lines under the supervision of the interstate railroad commission. 
 Mr. Hyde comes back among his people as a servile tool of the Standard Oil company. 
 Dr. Jekyll boasts that in the Senate he would curb the encroachments of railway cor- 
 porations. Mr, Hyde goes from Texas to the frenzied financiers of Wall Street with 
 
778 Scttafor J. W. Bailey of Texas Unmasked 
 
 the power of attorney for the railway corporations in his pocket. Dr. Jekyll, with 
 the voice of a Pharisee, thanks God that he is not as other Senators are and from his 
 place in the American Senate moves the expulsion of Senator Burton from that body. 
 (Applause.) 
 
 PEPPERING HIS HIDE. 
 
 "Time at last has torn from the face of Dr. Jekyll its mask. I have come tonight 
 at your bidding to lay bare the features and expose the footprints of Mr. Hyde, and you 
 will pardon me if now and then I pepper his hide. (Applause and laughter.) And 
 as the public press reports that in spite of criticism and condemnation he yet remains 
 cool, calm and serene, I think when we lift his hide you will find it to be a rhinoceros 
 hide'. (Laughter.) As he referred in pleasantry to myself who dared to oppose him, 
 a? a snowbird, I answer him, I had rather be a snowbird that does not harm than a 
 bird of prey that seeks to devour." 
 
 BAILEY EMBODIES THE BAD OF BOTH ESAU AND JACOB. 
 By Hon. Cullen F. Thomas. 
 
 At the Ft. Worth Anti-Baileyism rally on March 14th, succeeding the Waco 
 Convention of March 7th, 1908, Hon. Cone Johnson of Tyler and Hon. Cullen F. 
 Thomas of Waco delivered stirring addresses. The latter began his remarks with the 
 following scriptural allusion: 
 
 "We read in the sacred Scripture of a great and good man whose name was 
 Isaac. In answer to his prayers Rebecca blessed him with twin sons, one of whom 
 was Esau and the other Jacob. Esau was a hairy man, Jacob was a smooth man. 
 When Isaac had grown old and his eyes became dimmed, he sent Esau, the hunter, 
 forth for his favorite venison, promising on the son's return, the patriarch's blessing. 
 Jacob, the smooth man, contrived by deceit and fraud, w-ith the skins of goats and 
 kids on neck and hands, to win his father's blessing, which was the rulership over 
 his people. In blindness Isaac left those words which have lived through the centuries 
 to illustrate the dual role of him who plays a double part, that though the voice was 
 Jacob's voice, the hands were the hands of Esau. 
 
 "My fellow-citizens, history repeats itself. In Te.xas today there is one who 
 aspires to rule over this people who has sought their suffrage speaking with the voice 
 of Jacob, but who has sought special favors from their enemies with the hands of 
 Esau. (Applause.) With the voice of Jacob on the hustings he championed the cause 
 of the struggling poor; with the hands of Esau we have found him in the secret serv- 
 ice of the money barons that rob the struggling poor. With the voice of Jacob, as a 
 candidate for the Senate, you hear him proclaim with pride his empty meal barrel. 
 With the hands of Esau after he has entered the Senate you find him filling to over- 
 flowing his full money barrel. With the voice of Jacob he has called upon the State 
 to put the trust magnates in stripes; with the hands of Esau he has slipped back to this 
 State the greatest trust of all. 
 
 "With Jacob's voice we hear him as he denounces the iniquities of the trusts and 
 the exactions of the monopolies ; with the hands of Esau we see him behind the scenes 
 juggling charters for the benefit of trusts and monopolies. In the voice of Jacob we 
 hear him, as he struts throughout the land proclaiming himself a ruler of the people; 
 with the process of years we have found that his were the hands of Esau growing rich 
 in the service of the enemies of the people. We pray today to the God of Isaac to 
 strike the scales from the blind eyes of the people that they may see back of the 
 voice of Jacob is the face of a Pharisee and underneath that the hands of Esau. 
 (Applause.) 
 
 "My fellow-citizens, they have told us that we have got into a stronghold of 
 Baileyism — A Voice: That's what you have. 
 
 Mr. Thomas: Then we are glad, my friends, not only to encourage the righteous 
 but to call sinners to repentance. (Cheers.) They tell us that we have opened our 
 campaign in the enemy's country. We answer that there is no soil in Texas so sacred 
 that we can not come bearing aloft our standard, on which is written that no man 
 shall serve two masters. (Cheers). The State Health Officer has designated clean-up 
 days in this State. This, my friends, is Clean-Up Day in Ft. Worth. (Applause.) 
 
The Political Life-Story of a Fallen Idol 779 
 
 CHAPTER XXXVII. 
 
 ADDRESS TO THE DEMOCRACY OF TEXAS. 
 
 (By Joseph E. Cockrell.) 
 
 JOSEPH W. BAILEY: 
 
 OF WHOM IS HE THE SERVANT? HIMSELF, THE INTERESTS OR THE PEOPLE. 
 
 The following address to the Democracy of Texas was prepared and issued by Honorable Joseph 
 E. Cockrell, of Dallas, Texas, formerly a practicing attorney of Abilene, Texas. Mr. Cockrell is a 
 son of ex-Senator Cockrell of the Abilene district. The elder Cockrell remained a loyal supporter of 
 Senator Bailey for some time after his son had abandoned the Senator's standard. When Senator 
 Bailey and his friends, however, opposed an investigation, the ex-Congressman could not bear with 
 him longer and issued a public statement, which concluded with an expression of the opinion that the 
 late revelations and Senator Bailey's conduct with reference thereto make him "the most dangerous 
 man in public life." . 
 
 The author of the following address has been a life-long Democrat, is a successful lawyer, has 
 been prominent in the Democratic organization in the state, and was one of the volunteer counsel who 
 assisted the proponent of the charges before the Suppression Committee of 1907. 
 
 The address in question follows : 
 
 Dallas, Texas, November i, 1906. 
 To THE Democracy of Te.xas: 
 
 Nearly a century ago Thomas Jefferson, speaking with prophetic inspiration, 
 said: "It seems to me that in proportion as commercial avarice and corruption 
 advance on us from the North and East, the principles of free government are to 
 retire to the agricultural States of the South and West, as their last asylum and bul- 
 wark." Is the Democracy of Texas going to surrender this "last asylum and bul- 
 wark?" Texas oupht to be the last State in the Union to yield politically to the 
 spirit of commercialism. Do the people of Texas consider the office of United States 
 Senator a position of honor and trust, or as a stepping stone to wealth for the incum- 
 bent? Is it ever too late, or inexpedient, or wrong, to do right? The relation of 
 Senator Bailey to various corporations while representing Texas in the United States 
 Senate, his expressed purpose to pursue the same course in the future, and his claim 
 that he is the nominee of the party for re-election, suggest these inquiries. No man can 
 serve two masters. The rights of the masses are antagonistic to the interest of the 
 classes owning the corporate wealth of the country. Senator Bailey cannot properly 
 at the same time represent them and Texas. If he is to champion them he ought to 
 abdicate leadership of the Democracy. There are and will ever be but t\vo great 
 political parties with us regardless of changing names. And there has been always 
 and ever will be an irrespressible, an unceasing conflict between individual rights, that 
 is the rights of the people and the interests opposed to these rights, regardless of the 
 names or form of such opposing power, whether it be the government itself as a despo- 
 tism, an aristocracy or an oligarchy of wealth, or whether it take the form of 
 government favored corporations or other protected interests or aggregations of wealth. 
 The opposing power is always strong, because concentrated ; the people weak, because 
 divided and without organization. The Democratic party has but one excuse for 
 existence — to maintain and establish the rights of the people and to limit the rights 
 of the government to the exercise of such power only as is necessary to secure the 
 governed in life, liberty, property and the pursuit of happiness and to guarantee "equal 
 rights to all, special privileges to none." All the law of democracy is fulfilled in 
 this central idea. It is not my purpose to elaborate upon its principles but only to 
 remind you of this fundamental idea as the basis for the contentions I shall make. The 
 concentration of wealth and the growth of corporate power are the result of "special 
 privileges" which the few have obtained at the expense of the many, and every form 
 of corporate aggrandizement and every moneyed combination is in its nature a seeker 
 after special privileges. The Democratic party under another name was born at the 
 
780 Senator J. IV. Bailey of Texas Unmasked 
 
 formation of our constitution for the purpose of protecting and safeguarding the rights 
 the people had reserved to themselves in that instrument and to limit the powers of 
 the central government to an exercise of the authority only which had been expressly 
 conferred upon it. The Federalist, now Republican party contended at the beginning 
 for more power for the central government and the privileged classes. There has never 
 been one moment's cessation of the conflict. The Republican party has always been the 
 friend, the Democratic party the enemy of every form of assault on the rights of the 
 great body of the people. In proportion as the principles of the Republican party have 
 triumphed, the rights of the masses have been encroached upon and the influence and 
 power of the classes represented by the corporations, trusts, and organizations of 
 wealth have grown. Therefore the control and regulation of the great corporations and 
 trusts have become pre-eminently the recognized duty of the Democratic party. The 
 greatest of these corporate interests are engaged in interstate commerce and subject 
 to regulation and control by the National Congress only. Bearing in mind these facts, 
 the main issue I desire to submit for your consideration is, as to whether it is proper, 
 or even allowable, for one of the Senators representing you in the United States Con- 
 gress to sell his services as a lawyer or otherwise to the corporations which you com- 
 mission him to regulate and control? To state the issue in the borrowed words of 
 another who expresses himself with more facility and force that I am able to command, 
 I ask: "Do we as Democrats of Texas believe that we have fallen so low as to elect 
 a Senator who sells his services to the corporations?" You will observe that the issue 
 as quoted from another is a little broader that I myself put it, as he questioned the 
 right of a Senator to sell his services to any corporation, while my statement of it was 
 limited to corporations, which as a member of the United States Congress such Senator 
 might be called upon to regulate and control. Regardless of the form of words in 
 which it is f)resented, it may be said to the honor of our State that such issue is pre- 
 sented for the first time by the conduct of the Junior Senator from Texas. That same 
 Junior Senator from Texas is also the distinguished authority from whom I borrowed 
 the words quoted: "Do we as Democrats of Texas believe that we have fallen so low 
 as to elect a Senator who sells his services to the corporations?" He replied to his own 
 question, "I do not believe the time will ever come when Texas will make that 
 mistake." It would seem that there ought to be no room for contention between the 
 Junior Senator and myself. The only difference between us is, that his were the 
 views expressed by him six years ago, while mine relate to the present, to the past and all 
 the future. Has he changed his views because he deems that there is less necessity now 
 than at a former time to rule corporations and trusts with a strong hand ? Whatever 
 may be his present views, it is plain that the proper and wise regulation of common 
 carriers is the great economic question of the age — so strong indeed have they becorne 
 that the power of the government to control or regulate them at all is seriously dis- 
 puted, and already there are murmurings of the necessity for the government to own 
 them in order that it may not be owned by them. The success of the Democracy in 
 their efforts to master them will perhaps determine its policy for all time — as to 
 whether it shall contend that the government regulate and control, or own them. 
 Next in importance to the railroads is the Standard Oil Company and its sub- 
 sidiary corporations. These constitute the most gigantic trust, the most dangerous 
 combination of wealth and corrupt owners of wealth in the world's history. The lum- 
 ber trust is one to which you need no introduction as it intrudes itself into every city, 
 hamlet and farm in the Union. Senator Bailey is or has been while representing 
 you as Senator in the United States Congress a paid or volunteer representative of a 
 syndicate controlling a railroad engaged in interstate commerce; a representative of 
 Mr. Pierce of the Waters-Pierce Oil Company, one of the Standard Oil subsidiary 
 corporations; he has been a representative of Mr. Bayne, a Standard Oil magnate, and 
 of the Kirby Lumber Company, the greatest lumber corporation of Texas. Thus he 
 represents or has represented while Senator as odious a combination of corporation as 
 could well be drawn together. Now only has he represented theni in the past, but 
 he expresses his purpose to hereafter take employment from such syndicates and individ- 
 uals, and intimates that if you do not like his course, you will have to get you a new Sen- 
 ator. We shall see a little later whether he gives you a fair opportunity to take up the 
 
The Political Life-Story of a Fallen Idol 781 
 
 gauntlet which, with a spirit of braggodocio, he almost threatens to, but never does, 
 throw at your feet. The only difficulty I have ever experienced in discussing the issue 
 which his conduct presents is its one-sidedness. It would seem that a mere statement 
 of the proposition that in a conflict between the hosts of Democracy on the one side 
 and the myrmidons of trusts and corporations on the other, our soldiers ought not to be 
 either permanently or occasionally on the payroll of the enemy should carry conviction 
 of its correctness. Senator Bailey's public utterances all demonstrate to my mind that 
 he, too, recognizes but one side to the controversy, because in addition to the convictions 
 which he formerly gave expression to, he furnishes now irrefutable arguments against 
 the correctness of his own attitude, and when he abandons all pretense at argument 
 and indulges in coarse and undignified vituperation, he but confirms the most skeptic 
 in the view that he himself appreciates the embarrassment and indefensibleness of his 
 position. It is unfortunate for the cause of those who complain of Senator Bailey's 
 position and who rely upon his reason, argument and the facts furnished by the 
 Senator himself, to make manifest their contention, that from time to time unsustained 
 charges have been brought forward by the denial of which the Senator has been able 
 through his consummate skill as a debater and by his almost matchless oratory to 
 divert the attention of the people from the real issue. These unsustained charges, 
 however false they may be, are, however, an invariable accompaniment of every con- 
 troversy of the character in which the Senator has involved himself, and even with 
 reference to them he must share his part of the blame; for one of the evil consequences 
 of doing the things the Senator admits he has done is that he will be freely charged 
 with much of which he may be innocent. I have no sympathy with false accusations. 
 I deplore the unwisdom of making unsustained charges; his admitted errors are quite 
 sufficient to occupy us at this time. 
 
 In the presentation of the case against him I shall call no witness except the 
 Senator himself, and shall make him also furnish the arguments which ought in the 
 mind of every fair man to convict him of political wrong-doing. Do not permit him 
 to divert attention from the plain issue as to the correctness and propriety of his 
 conduct by high-sounding, rhetorical phrases whereby he seeks to make it appear that 
 his personal enemies are endeavoring to destroy him because he stands in the pathway 
 of their ambitions. The transcendent abilities which he himself admits he posses would, 
 were his record on the matter at issue above question, deter the ambitious from assault 
 en him. They would choose a less shining light with more hope of success. No such 
 assaults were made on his distinguished predecessors, Maxey, Coke, Mills, Reagan, 
 Chilton or his colleague. Only Senator Bailey is responsible for the attacks made on 
 Senator Bailey, and he has only himself to reproach. In his Greenville speech, in a 
 climax of eloquence, he exclaimed: "It is the glory of our commonwealth that in all 
 its long and glorious history not one of them (his predecessors) has ever sacrificed his 
 country to his selfishness, and I am pained that I am almost the first one ever accused 
 of doing so." Is not that fact alone enough to cause the Senator to stop and ponder? 
 Can he draw no moral when others can see so plainly? Had he not in a spirit of vain 
 glorious officiousness so manipulated things that when the Waters-Pierce Oil Company, 
 a branch of the Standard Oil Company, had been driven ignominiously from the 
 State for the violation of our anti-trust laws it was enabled to disguise itself with a 
 thin veil of fraud and continue almost uninterruptedly to trample on the laws of his 
 State; had he not made merchandise of his talents by his confessed dealings with the 
 Tennessee Central Railroad and its coal properties ; had he not been tempted by the 
 gold of Kirby and the lumber interests; had he spurned the temptation of Bayne and 
 his Standard Oil Company; had he turned a deaf ear to the seductive whispering of the 
 reputed trust magnate, Sibley, and the ill-reputed Francis when they affectionately 
 laid their hands on his shoulder and said, "Put money in thy purse ;" had he not con- 
 sorted with Pierce and his ilk and formed "connections" by which he could make a 
 lawyer's fee of $225,000 out of Kirby, for what services we know not; had he not 
 forgotten the convictions that he entertained when he entered upon his high office with 
 leference to "a. Senator who sells his services to corporations," he would not now bewail 
 the fact that he is the first of our Senators against whom charges are made that reflect 
 not only on him, but the State which we all love. He should have remembered that 
 
782 Senator J. IV. Bailey of Texas Unmasked 
 
 as long as he is our Senator, all the people are interested in all that he does, and that 
 whatever brings disrepute upon him brings it upon his State. He owed it to us to 
 conduct himself that he would be as free from reproach as Caesar's wife ought to have 
 been. In Colonel Campbells' speech a few days ago in the presence of Senator Bailey, 
 our candidate for Governor reiterated his well-known views that a member of the 
 Federal Congress should not represent "as attorney any trust or public service corpora- 
 tion," and in effect called upon the Junior Senator to affirm the correctness of his 
 position, which the Junior Senator did to his own condemnation, if I know the meaning 
 of the English language. Does not Senator Bailey admit that he represented as attor- 
 ney the syndicate controlling and operating the Tennessee Railroad and coal properties, 
 and that he as attorney had taken charge of its affairs made his recommendations to 
 his clients as to extending its mileage, the policy to be pursued, etc? Is not a railroad 
 a public service corporation, and was not Bailey representing the railroad? He cannot 
 escape by the subterfuge that he was representing the syndicate who owned the railroad 
 and not the railroad. If this would excuse the Senator, it could never be proved that 
 any one represented a railroad, and we would be a lot of Don Quixotes fighting phan- 
 toms. Senator Bailey and his friends insult the intelligence of the people of Texas 
 by even attempting such hairsplitting distinctions, and instead of satisfying themselves 
 or any one else by such argument, they do but demonstrate that they realize the des- 
 perateness of his situation. Mr. Bailey admits his employment as attorney by Mr. 
 Kirby of the great Texas lumber interests, and the receipt of an enormous fee of, 
 I think, $225,000 for services performed by him, as I understand his explanation, be- 
 tween the adjournment of the Senate one Friday and its opening the following Mon- 
 day. He admits his employment by Mr. Bayne of the Standard Oil Company to draw 
 for a fee of $5,000.00, a mortgage and the charter of the Securities Oil Company gen- 
 erally reputed to be a Standard Oil subsidiary corporation. He says that in doing 
 all these things he was "practicing law." He ought to pardon the bar of Texas if a 
 smile passes over its face. Mr. Bailey's capacity to make a lawyer of himself has 
 never been doubted ; that he ever did do so has rarely been claimed by even his most 
 intimate friends. But was he in all these acts "practicing law," the drawing of the 
 charter alone excepted? Before what court or what judge or what jury did he 
 appear? Before what master in chancery or referee? What pleading did he ever 
 file in any case of his preparation? What lawyer in Texas or out of it can point to 
 any case in the Supreme Court, Court of Civil Appeals, Court of Criminal Appeals, 
 or Federal court, in which he ever appeared or filed a brief of his individual prepara- 
 tion? I do not say there are none, but they are probably few, if any. I dare say he 
 has not paid a lawyer's occupation tax, he would easily defeat the case on the ground 
 that no proof could be offered that he has practiced law. He boasts that he has twice 
 been offered a $50,000 salary to retire from the Senate and enter the practice of 
 law. Why should $50,000 a year tempt him, if, while Senator, he can make $100,000 
 a year? If Senator Bailey's claim to eminence as a lawyer were confined to constitu- 
 tional law, his brethren of the bar would cheerfully accord to him first rank, and there 
 would be no jealousy. I believe the profession is singularly free from that character 
 of envy. The Senator is, beyond question, an accomplished student of the constitution 
 and of political history, and no one better than he understands the decisions of the 
 highest courts bearing on these questions. 
 
 Even conceding, however, that Senator Bailey has been "practicing law," the com- 
 pensation which he has received for the services performed by him for the individuals and 
 corporations to which I have referred is so generous and the pecularities of his em- 
 ployment were such that he has felt himself called upon to explain why he was employed 
 and why such enormous fees were paid. He tells us that his employment by Bayne 
 to draw the charter for the Securities Oil Company was the most natural thing in 
 the world. That Bayne wanting to organize a Texas corporation, wanted a Texas 
 lawyer; that a New Yorker who has business in Texas naturally wants a Texas lawyer. 
 But if that be true, what is the explanation as to why Kirby when he had New York 
 business did not want a New York lawyer? Why is it that when Pierce and his 
 syndicate at St. Louis wanted legal business transacted in Tennessee they did not 
 want a Tennessee lawyer? That is the trouble about Senator Bailey and his explana- 
 
The Political Life-Story of a Fallen Idol 783 
 
 tions. Every time he makes an explanation, it requires two explanations to explain that 
 explanation. But explain he must. He is in a desert of political quicksand. If he 
 stops he will at once be submerged, yet every step he takes but exhausts him more with- 
 out giving a ray of hope of final extrication. I do not charge that Senator Bailey sus- 
 pected that any thing was expected of him for these enormous fees other than his 
 legal services. His inordinate (but always excusable) vanity is corroborative of this 
 idea. But what did the "other fellow" have in mind in paying these fees? Will any 
 one believe that Kirby overlooked the eminent Houston bar and went in search of Bailey 
 as a lawyer to protect New York business? That Bayne was simply in search of legal 
 ability when he searched Bailey out and paid him a fee of $5,000.00 for doing what 
 his home lawyer would have done on his annual retainer or what a Beaumont lawyer 
 would have done for less than $500.00? Did Pierce and his gang forget that St. 
 Louis has a famous bar and that some of the greatest lawyers in the Union live over in 
 old Tennessee? Would they have paid him $50,000 or more as an attorney's fee to 
 protect legal business in Tennessee when they knew that he was already hired out to 
 the people of Texas on a job that required his presence at Washington ? Bailey thought 
 he was hiring himself out as a lawyer. May not the "other fellow" have thought that 
 a lavv7er who was a United States Senator might have an incidental value as well as 
 legal ability? You remember a few months ago, a saloonkeeper in Texas was indicted 
 for violations of the Sunday law by selling beer on Sunday. His defense was, in 
 effect, that he sold no beer at all ; that he merely sold a sandwich for five cents and 
 that the beer was given as an incident to the sale of the bread and was itself not sold 
 at all. You will remember also that that defense came very near being established as 
 a good one. But I recall the incident not to discuss the merits of the defense, but to 
 illustrate the situation of Mr. Bailey and the corporate interest with which he was 
 dealing. He simply sold his services as a lawyer — that was the sandwich ; the fact that 
 he was a Senator — the beer — was only incidental ; this was the viewpoint of Bailey, the 
 seller. You can draw your own conclusion, however, as to what the buyer wanted. I 
 think I have sufficiently illustrated the nature of the employment of Mr. Bailey by the 
 individuals and corporations in question. 
 
 I will now ask whether the services he performed without any fee are more 
 creditable to him than those he performed for hire? He scorns the idea that he 
 would have accepted a fee for his services to Mr. Pierce in procuring the readmission 
 of the Waters-Pierce Oil Company to Texas after it had been expelled for the violation 
 of the anti-trust statutes. In view of the employment and the character of service 
 that he admits he performed for fees, I do not altogether grasp the distinction that 
 he would draw between working for Pierce on a fee to get the Waters-Pierce Oil Com- 
 pany admitted back into the State and the other services performed by him for pay. 
 I, however, do thoroughly agree with him when he argues that it would have been 
 improper for him to have accepted a fee from Pierce or the Waters-Pierce Oil Com- 
 pany for the services he performed. Not only would it have been improper to have 
 accepted a fee for such services, but it was improper to perform the services without 
 fee. He recognizes his error when he undertakes to evade responsibility for the 
 readmission of the company. It had been notorious for years that the Standard Oil 
 Company was operating in Texas under the name of the Waters-Pierce Oil Company, 
 and yet the assurance of Mr. Francis to Mr. Bailey that Pierce was all right and the 
 assurance of Mr. Pierce to Mr. Bailey that the Waters-Pierce Oil Company was all 
 right were sufficient to deceive Mr. Bailey into the belief that it was all a mistake 
 about the Waters-Pierce Oil Company. And in whatever he did, Mr. Bailey declares 
 that he was deceived and misled by Mr. Pierce, and he argues, with some plausibility, 
 that gullibility is an attribute of an honest mind; but he has never been classed as 
 particularly unsophisticated. Mr. Bailey is quick to anger, and yet he has had six 
 years to get angry with Mr. Pierce and continues to control his hot temper and 
 does not even so much as call him a "hyena." He even uses Mr. Pierce's late letter 
 to him to show that he. Pierce, had deceived Bailey, and thereby caused Bailey to de- 
 ceive the people of his State who had trusted him. The Senator's temper and his in- 
 dignation are evidently sometimes controllable. But he tells us in effect that he was 
 not much responsible for the Waters-Pierce Oil Company coming back, anyhow. In 
 
784 Senator J. \V. Bulky (i/ Texas Unmasked 
 
 his Greenville speech, in his endeavor to escape responsibili^y for its readmission, he 
 makes the statement. "I had no more to with the actual readmission of that com- 
 pany in this State than Senator Looney;" Senator Looney, of course, had nothing to 
 do with it. Having so much explaining to do, it is not a matter of surprise that 
 all of Senator Bailey's explanations are not entirely consistent. Is it not a fact, that 
 at the famous Waco convention, with great bravado, he stated in effect, referring to the 
 readmission of the Waters-Pierce Oil Company: "It was I that did it; don't blame 
 Tom Smith; don't blame Hardy; if you blame anybody, blame me?" I have not the 
 speech before me and have not had it in years, but I think I am not mistaken in saying 
 that he assumed the whole responsibility. Why does he now say that he had no more 
 to do with it than Looney, and then denounce in his choice vernacular those who 
 charge him with the responsibility? He admits now that the whole reorganization 
 scheme was his, and that his advice was followed and readmission gained in conse- 
 quence of his device. Of what materiality is it, as to who attended to the details of 
 the reorganization, or as to whether the Senator was present when the company made 
 its bow to the people of Texas upon its return? In his letter to the Attorney Gen- 
 eral of August, 1 90 1, he, however, seems to recognize his "connection with the read- 
 mission of this company into the State." How does that accord with his contention 
 that he had no more to do with it than Senator Looney? 
 
 But notwithstanding the relations in which he had involved himself with these 
 people and their interests, and notwithstanding employment of the character referred 
 to, they never influenced his official action, is Mr. Bailey's contention. That state- 
 ment implies that his ability to withstand the influences has been put to the test, and 
 that he has withstood the temptation; for had the test not already been made his 
 boast would have been premature. But when he admits that he has been thus 
 tested, is not his attitude a humiliating one to himself as well as to his State? He 
 really does not seem to comprehend how his own arguments involve him in inextricable 
 difficulties. Translated into plain English, it means that while a United States Senator 
 he accepted employment from public service corporations and from clients (not to say 
 trusts) which not only were likely to have interests upon which he would be called to 
 pass in his official capacity, but that they did actually have their interests passed upon 
 by the National Congress of which he was a member, and where he was in the atti- 
 tude of having the interests of his clients upon the left hand and the interests of his 
 people on the right hand. He boastfully tells you in order to prove his incorruptibility 
 that the interests of the Tennessee railroad, of the coal properties, of Kirby and his 
 lumber possessions were before Congress and that he spoke and voted for the interests 
 of the people, and against the interests of his clients? What right had he thus to have 
 before him for consideration interests other than yours? 
 
 The rate bill was the measure to which he refers, and he reveiws the amendments 
 he offered in your interest and in opposition to the interests of his clients. Conceding 
 the Senator's integrity let us see if his situation was not ?uch that even he might have 
 found himself in a very delicate and trying position. To illustrate, even the friends 
 of a bill frequently defeat it, kill it, we say, by unwisely loading it with amendments — 
 good amendments. Its enemies likewise frequently kill it by loading it with radical 
 amendments, which apparently enlarge the scope of the bill, but which they know 
 and intend shall kill the bill if adopted. Experienced legislators who are the true 
 friends of a measure most frequently accept a bill that does not accomplish the whole 
 purpose in view rather than take the chance of losing all by submitting amendments 
 that would perfect it. Sometimes it is very difficult to determine whether it is wise 
 or unwise to submit such amendment. If it can be put through it perfects the bill; 
 if it fails the whole measure fails. Now suppose Mr. Bailey had drafted an amendment 
 clearly desirable from the standpoint of his constituents, but onerous from the stand- 
 point of his clients. If he submits it the whole measure may be defeated which will 
 greatly benefit his clients; if he withholds It the imperfect bill will pass, and while that 
 will still injuriously affect his clients, it suits them better than the amended bill. He 
 is in a state of perplexity. He fears to offer the amendment lest he kill the bill and 
 thereby benefit his clients and hurt the people. He fears to withhold it lest it appear 
 
The Political Life-Story of a fallen Idol 785 
 
 that the imperfect bill, less odious to his clients, is also less beneficial to the people. 
 Mental processes are very complex. We can't always analyze correctly the main- 
 springs of our own actions, even in ordinary business transactions. We frequently hesi- 
 tate as to the best course to pursue and in the end do not know which of many com- 
 plicated motives finally influences us to a certain conclusion. Even great minds are 
 not always certain as the motives that influence them. I call Senator Bailey as my 
 witness, as I will always do. He does not clearly comprehend the motives that led 
 him to make so important a business transaction as the purchase of the Gibbs ranch. 
 I quote from his testimony at the legislative investigation. After referring to the 
 advice Colonel Gunter and Mr. Kleberg gave him against the purchase, he says: 
 "Ordinarily I would have followed their advice; but knowing that as an honest man, 
 I could make nothing in the public service, my only hope of a modest competence to 
 protect me against an old age of poverty and want, was that I could find some transac- 
 tion like this and by careful management save something out of it." Now for the 
 "deadly parallel," listen to him at Greenville. After referring to a friendship be- 
 tween himself and Governor Gibbs' brother in his youthful days in Mississippi and to 
 the ill health of Governor Gibbs himself, speaking of the same transaction, he touch- 
 ingly says: "Fellow-citizens, I got into that trade out of the kindness of my heart, 
 and it does sometimes pay to be good hearted in this world, and when it does not I want 
 to be good hearted, anyway. * * * J talked with the best friends almost I have 
 in the world, Col. Jot Gunter, about it. I also talked to Bob Kleburg. They advised 
 against it, and so did others, too, and so I yielded to the prompting perhaps not of 
 wisdom, but of friendship, and I made the trade that verj' year." Now, as smart a 
 man as Bailey is, he can't to save his life, tell what influenced him to buy the Gibbs 
 ranch, whether it was because he wanted to follow the advice of Francis and Sibley, 
 "put money in thy purse," or whether it was downright good heartedness, and because 
 he felt sorry for Governor Gibbs. I hope I have made my point clear, and that is, 
 that our mental processes are so complex that not only can we not forsee what may in- 
 fluence us in the future, but we don't even know what has influenced us in the past — 
 Mr. Bailey being my only witness. But his argument against the impropriety of his 
 conduct and the danger to you of giving your approval to such conduct, is much for- 
 tified by reference to still other portions of his remarkable defense. Referring to his 
 amendment proposed in opposition to the interests of the Tennessee railroad, "which 
 compelled the Tennessee Central Railroad to sell those coal lands," he says: "Do you 
 reckon one of them (that is, any one who is opposed to him) would have ever done 
 such a thing as that? If one of those corporations would pay them $25,000 it would 
 own them soul and body until the crack of doom." Surely, surely, Senator Bailey places 
 himself in the position in which an analysis of this statement leaves him inadvertently 
 and without duly considering the import of his language. What Bailey took as a 
 lawyer's fee from a public service corporation would have been a bribe to a weaker 
 man and to all of those who are opposed to him; Bailey can take it, though, and he will 
 make anybodywho criticises him "wishhehad never been born." "The King can do 
 no wrong." There is no other combination of words in the English language that so 
 fittingly describe his attitude. I knew that the Senator once agreed with us as to the 
 double standard of money but did not know that he contended for a double standard 
 of morality — one for Bailey and one for the "creatures." Well, he needs an individual 
 standard if we take seriously all he says. But is he consistent and does he mean what 
 he says? With one breath he tells you that he can do these things that would cause 
 the fall of weaker men, because he never allows his private interests to interfere with 
 his duties to you. A few moments later in this same Greenville speech he takes a 
 new text and preaches upon the ethics that ought to govern a United States Senator, 
 and with much force and eloquence he makes it clear that a Senator should never 
 put himself in a position where his private interests tempt him one way and his public 
 duties impel him to another course, and boasts that he meets the full measure of this 
 high standard, and tells you that he refused to have anything to do with the organiza- 
 tion of corporations, or the acquisition of intercuts, in the rich Indian Territory lands 
 that lay across the river from his home, and in which he saw unbounded wealth 
 stored away for him; but he said, "Get thee behind me, Satan. I have so high a 
 
786 Senator J. W. Bailey of Texas Unmasked 
 
 sense of my duty to my constituency that although I believe I could discharge my full 
 duty to them, I will not place myself in the improper attitude of having private interests 
 which might be opposed to my official duties." Of course, I do not mean to quote him 
 literally, but this is the substance and the meaning of his argument ; and I thoroughly 
 endorse the soundness of his logic and declare it to be unanswerable, even by himself. 
 The Senator's further defense that his critics can point to no vote or speech of his that 
 is not in harmony with the best interests of the people he represents is not at all con- 
 clusive. No man representing the people of Texas or any part of the South would 
 be of any value whatever to monopolies and trusts by avowedly and openly espousing 
 their cause. But has he always "voted and talked right?" On the injunction feature 
 of the rate bill he and Senator Culberson were not in accord, and say what you please, 
 the people of Texas have unlimited confidence in the personal integrity and legal 
 attainments of Charles A. Culberson. Had Bailey's injunction amendment been tacked 
 on to the bill and caused it to be declared unconstitutional the attempt to regulate rail- 
 roads would have gotten a ten-year setback which would have been worth millions of 
 dollars to the "system." 
 
 Now, have I called any witness, other than Senator Bailey? Have I drawn on any 
 other source for argument, than his own utterances? Have I impugned his motives? 
 Not once. And yet I submit that Bailey condemns Bailey as guilty of impropriety 
 and wrongful political and official conduct, and of setting a precedent subversive of all 
 that Democracy stands for. H it be conceded that he has done no other wrong, has not 
 consorted with a gang who have made themselves odious to the people of Texas, and 
 who are inimical to its laws, and its institutions? What names are more odious in 
 Texas than Pierce, the Waters-Pierce Oil Company, the Standard Oil Company, 
 and the great lumber corporation referred to ? Are they not now and always the 
 enemies of Texas? Do we not find their trails and Bailey's crossing and recrossing 
 during the whole of his term as United States Senator? An ouster suit was after 
 many difficulties prosecuted through all the courts including the Supreme Court of 
 the United States, and now no man could think of the proceedings without the image 
 of Bailey forming itself in his mind. You can't hear the name of Pierce without its 
 suggesting Bailey. Speak of Bayne or the Standard Oil Company, you think of Bailey; 
 speak of the lumber company, or the Kirby prosecution, and up pops Bailey's image. 
 This association of ideas is unpleasant, and the people of Texas should not have been 
 thus burdened. He is so inextricably complicated with the enemies of our State that 
 it seems that the Attorney General can't institute a suit against one of them except 
 at the risk of giving Bailey personal affront. Must the Attorney General before 
 beginning the prosecution of a trust suit first inquire as to the state of repair of Mr. 
 Bailey's political fences and see whether it is opportune to proceed with an anti-trust 
 prosecution, and must he submit the pleadings to him for revision and review to be 
 sure that they contain nothing that may be offensive to Mr. Bailey? He owed it 
 to the people of Texas to not thus complicate himself. 
 
 My fellow-citizens, Senator Bailey is, I believe, unjustly accused with reference 
 to some things. We hear whispering here and there that would tend to reflect upon 
 his integrity as a man. The Daily Press in its quotations from Senator Bailey's speeches 
 shows that these assaults are frequent and bitter. I have no sympathy with them. His 
 official position is an exalted one, and he is entitled to every presumption as to his 
 integrity and purity of life as a private citizen until definite and certain proof is 
 presented. I not only readily but cheerfully and without qualification accord to him 
 the benefit of this presumption to its fullest extent. I much prefer to believe in his 
 integrity. Painful and humiliating indeed would it be to our proud people should the 
 stain of personal dishonor besmirch the name of our distinguished party leaders. I 
 do not want to be understood, however, as subscribing to the doctrine that a man's 
 personal and private character is not always a proper issue where he seeks an honor at 
 the hands of his party. No man will make a worthy public official who is not a 
 worthy private citizen. No one will more cheerfully accede the correctness of this 
 proposition than the Senator himself. These personal issues have enabled Senator Bailey 
 to becloud the true issue, which is one of public policy; and the personal questions 
 detract from the strength of the position of those who charge Mr. Bailey with 
 
The Political Life-Story of a Fallen Idol 7S7 
 
 political wrong-doing and with having set a precedent that the people of Texas ought 
 not to approve. My relations with Senator Bailey have not been cordial since the 
 Galveston convention four years ago, but so far as I know or believe, they have not 
 been personally unfriendly. I despise every kind of political bossism by a United 
 States Senator or any one else, but I have always admired the Senator's splendid 
 oratorical abilities and have taken and frequently expressed a patriotic pride in the 
 strength of our representation in the United States Senate, believing it incomparably 
 superior to that of any State of the Union. When in my presence those hostile to 
 Senator Bailey have intimated doubts as to his official integrity, I constantly contended 
 that he was all right in that regard, and that his sympathies and his heart were still 
 with the people who have so signally honored him. Senator Bailey has done more to 
 shake my faith in him than all the slanders of his enemies. When his enemies have 
 insinuated that his desire for wealth had tempted him from the straight and narrow 
 path, I have replied that Senator Bailey occupied a position so lofty and that he must 
 value so highly the confidence and esteem of the people of Texas that money could 
 not be a temptation — that money has only a relative value, and that compared with 
 the confidence and esteem of the great people of Texas it was worse than trash. But 
 his speech in the United States Senate last June refuted the views that I had enter- 
 tained with a force that no enemy of Senator Bailey could have mustered. He has 
 departed from the traditions and history of the people of Texas, and of the South 
 and voluntarily taken his stand by the side of Aldrich, Piatt, Depew, Dryden, the New 
 England Senators, and others of his colleagues in the Senate who believe that they may 
 entangle themselves with the corporate interests and trusts and yet properly occupy 
 a seat in the United States Senate. So far as I know they are personally regarded as 
 honest men, but they are not "our kind of people," and these views have never been 
 countenanced in the South. Mr. Bailey in that speech for the first time so far as I 
 know proclaimed his conversion to the wisdom of the advice given him by Sibley and 
 Francis six years ago, and averred that he could as a United States Senator properly 
 devote his attention to the gross business of money-getting and that he despised the 
 intellect of any man who esteemed it his duty to devote all his time and talents to 
 the service of his people, and contended that he could properly accept employment 
 from corporate interests. He has departed from his own high ideals and laid aside his 
 former convictions. Call him back as a witness. Six years ago just before he was 
 elected Senator, in the legislative investigation pertaining to the purchase of the Gibbs 
 ranch, to again quote his reason, he stated that he made the trade because "knowing 
 that, as an honest man, I could make nothing in the public service, my only hope of a 
 modest competence to protect me against an old age of poverty and want was that I 
 could find some transaction like this and by careful management save something 
 out of it." No one would deny the right of a Senator to make an investment in land, 
 if he has anything to invest. At that time the Senator believed that as an honest man 
 he could make nothing in the public service. Was he not in the "public service" at 
 the time Congress adjourned on Friday and he went to New York and made that 
 $225,000 Kirby fee by Monday morning? The idea of any one proposing to him to 
 resign and take a salary of $50,000 a year! Who can so clearly demonstrate Bailey's 
 political sins as Bailey? Let others keep out and let Bailey talk. He likes to talk. 
 Call him to the witness stand again — he has not yet invoked the constitutional guaranty 
 against being compelled to give evidence against himself. What did he say at W^aco 
 about corporate employment? I have heretofore referred to his utterances there. I 
 have been handed a very brief extract from his speech before the Democratic convention 
 as taken from the Houston Post of August 9, igoo. He was defending his position with 
 reference to the readmission of the Waters-Pierce Oil Company and used this language : 
 "But, fellow-citizens, I have detained you already too long. Nobody believes these 
 accusations, and I do not think it necessary to prove my innocence, but I did feel that 
 I owed to my friends to make them a plain and honest statement of the facts so that 
 hereafter no one shall mistake. I know some honest men have said it is wrong 
 because they misunderstood it, and they will never say it is wrong again; and the 
 dishonest man that wants to will never dare. Now, fellow-citizens, do we as Democrats 
 of Texas believe that we have fallen so loiv as to fleet a Senator who sells his services 
 
788 Senator J. IV. Bailey of Texas Unmasked 
 
 to the corporations:^ I do not believe that time will ever come when Texas will make 
 that mistake." His own sonorous sentences and mellifluous mouthings are quite suffi- 
 cient to condemn him. Compare his position of six years ago with his speech in the 
 Senate of June last ; compare it with his daily public utterances in his present cam- 
 paign, and his declared purpose to continue to represent corporations. When he first 
 went to Congress with much ado he took the position that when he was absent for a 
 day or period his salary ought to be "docked." Now he boldly procliams that if he 
 works for his constituents half the time, "Mrs. Bailey and the boys" are entitled to 
 the other half. The seductive methods of Sibley and Francis have seduced many 
 men weaker than Senator Bailey and they have succeeded in vastly modifying his 
 views. How unfortunate that unconsciously to him they produced in his mind the 
 conviction that the warnings of the Holy Writ to the effect that "They that will be 
 rich fall into temptation," has been superseded by the Francis doctrine — "Put money 
 in thy purse." If he has forgotten some portions of the Scripture, however, I dare 
 say that in his present agonizing he remembers this particular passage: "The love of 
 money is the root of all evil, which while some covet after they have erred from the 
 faith, and pierced themselves through ii'ith many sorrows." When his eyes began to 
 glow at the glitter of gold, his views with reference to "a Senator who sells his serv- 
 ices to the corporations" and as to whether "an honest man" could make anything 
 "in public service" became transformed. The Senator when he went to Congress 
 appeared to have a violent case of anti-corporation phobia, but he has taken the "money 
 cure." I have shown him to you "before and after taking." 
 
 Finally, my fellow-citizens, driven from every position where he attempts to 
 make a stand. Senator Bailey takes refuge behind the last and innermost bulwark, and 
 says: "But I am the nominee, and when you attack me, you attack the Democratic 
 party. What will become of those of you who attack the nominee of your party?" 
 This is the effect of his argument. As for me in reply, I have to say I have crossed the 
 Rubicon and am in favor of carrying the war into the remotest precincts of the Democ- 
 racy over which this corporations pampered Pompey is trying to tyrannize. Democrats 
 in every city, town, village, hamlet and farm house in Texas ought to be acquainted 
 with the Senator's departure from the ideals of the patriotic people of the South and 
 from his own former professed standards. I shall cheerfully suffer all the conse- 
 quences that shall flow from my supposed hardihood and alleged revolt against a 
 so-called party nominee, and I shall be deterred from a free expression of my convictions 
 neither by the Senator's threats nor his browbeating and bulldozing methods. He is not 
 only a candidate for office, but is now a public servant and his position on every public 
 question is on that account proper matter for discussion. So far from apologizing 
 for my position, I expect as a result of my course to enjoy that gratification which comes 
 to a man from the consciousness of a duty performed. I expect to claim for myself all 
 the credit to which I may be entitled for speaking out my convictions as a free man 
 and a Democrat on a question of great public moment. But do not understand 
 that to any extent I arrogate to myself any claim to leadership in opposing Senator 
 Bailey. M. M. Crane by speaking out when others were cowering from the fear 
 of the party lash marked himself a patriot and leader worthy to be followed, and ren- 
 dered an inestimable service to his State and to his party. In an humble way I en- 
 couraged him in the stand he took, and that is the explanation of my feeling called upon 
 to give expression to my views. It would have been cowardly in me not to have 
 followed where I urged him to lead. I hope I shall never fear to follow my convictions 
 of right. I love the party ; but I also value my own self-respect, and I love my country 
 as well as my party. The course I now pursue is the one I conceive to be most consist- 
 ent with all these sentiments. I believe that political parties are necessary instru- 
 mentalities for giving effect to the different governmental ideas and giving shape and 
 form to principles of patriotism. I, therefore, believe in party organization and a rational 
 loyalty to party nominees. During all the days of my manhood I have followed my party 
 flag and shall continue to do so. But I recognize a distinction between rational loyalty 
 to a nominee based upon an application of reason, common sense and honesty to the cir- 
 cumstances of a particular case, and the blind following of forms. Senator Bailey possi- 
 bly has the "forms" entitling him to style himself the nominee, though the regularity and 
 
The Political Life-Story of a fallen Idol 789 
 
 legality of his nomination is challenged, and no body of Democrats was authorized by 
 law to declare him "nominee." As a matter of substantial right and justice he is not 
 entitled to be treated as the nominee. 
 
 He got judgment by default and the people are moving for a rehearing on the 
 ground of newly discovered evidence, and they feel that they present incontestible 
 proof of the injustice of his demand on the party. They have been guilty of no inex- 
 cusable neglect in not sooner discovering all the facts. If Mr. Bailey is one-half the 
 lawyer he claims to be, he will at once recognize that the motion would be well taken 
 and granted in any court in Texas. I urge against his claim to be the nominee another 
 defense in the nature of an equitable estoppel, the fairness and applicability of which 
 ought to be recognized by every fair-minded Democrat. In 1896 W. J. Bryan was 
 duly and regularly and with unparalleled enthusiasm declared the nominee of our 
 party for the Presidency. No question whatever was made as to the justness and fair- 
 ness of his nomination. The fight was then no longer one between Democrats. The 
 president must be Bryan or a Republican. What did the man do who now in his 
 desperation cries out "I am the nominee. If you fight me you fight the Democratic 
 party" — ^what then was his attitude? Did this Achilles merely sulk In his tent? That 
 might have been pardonable from his standpoint. No, he threw down the banner of 
 Democracy which had been placed in his hands as the leader in his Congressional dis- 
 trict and as a veritable Trojan denounced the very head of his party as a Populist 
 and worse — "shot him in the back," as he now expresses the idea. To whose advantage 
 did his denunciation redound? To the enemies of Democracy. It was not simply a 
 family row. Those who now oppose Senator Bailey, in addition to raising a question as 
 lo his right to claim to be the nominee at all, assert that their opposition will not enure 
 to the benefit of the enemies of the party, but that either Bailey or a better Democrat 
 will be elected. No party disaster can possibly result. The worst possible result is to 
 Bailey. It is not a question of party politics at all but of public policy and morals. In 
 view of his attitude toward Mr. Bryan as the nominee and his present attitude toward 
 Mr. Hearst, the nominee in the great pivotal State of New York, with what grace 
 does he cry out, "I am the nominee, and as such entitled to your support?" Ought he 
 not to be satisfied if we treat him with more consideration and fairness than he treated 
 Mr. Bryan in 1896? The most of those who are opposed to Mr. Bailey's position affirm 
 that they knew his record very imperfectly prior to the primaries. Certain it is that 
 the testimony of Mr. Pierce, adopting his respectful language towards that gentleman, 
 which was given on September loth, was a revelation. This caused inquiry, comment 
 and investigation and put Mr. Bailey to explaining and the more he explains the 
 more unsatisfying he is. We expect a new explanation from him every morning. Only 
 a few days ago he made a new suggestion that it was the Standard Oil Company, 
 probably, that was now fighting him! He would have you believe that Hearst and the 
 Standard Oil people have joined forces to down so great and^good man as Bailey! 
 Is he not indeed reduced to desperate straits? Why, pray, would the Standard Oil 
 Company fight him? No wonder he cries out for Bryan, the Democratic idol. How 
 humiliating it must be to the pride of Mr. Bailey to feel compelled to take refuge under 
 the shadow of the great name of the man whom he repudiated and denounced as a 
 Populist in 1896! He seeks cover everywhere. He bewails that they are after "me 
 and Williams." "They are after me and John W. Daniels." "They will be after me 
 and Bryan next." As for me I would not mind seeing Hearst take a few shots at John 
 Sharp Williams for his conduct in joining with Bailey, Taggart, Sullivan and the 
 Parker gang at St. Louis in an effort to humiliate William J. Bryan two years ago. 
 Mr. Bailey has discretion in choosing the names under which he undertakes to find 
 shelter. It is Bryan; it is John W. Daniels; it is not Taggart, the notorious gambler 
 and corruptionist that he helped to place at the head of the Democratic party organiza- 
 tion two years. It is not Sullivan whom Bailey helped to foist on the party at St. Louis 
 and whom Bryan denounces because of his connection with public service corporations 
 and other alignments. But we say to Mr. Bailey that in Texas at least we are not 
 after Williams. We are not after Bryan. We are not after Daniels. We are not 
 after Taggart. We are not after Sullivan ; but Bailey and his conduct is the issue 
 we present. We charge that he has been weaned away from his own standards of 
 
790 Senator J. W. Bailey of Texas Unmasked 
 
 public duty, and that his political sins render him unworthy to longer represent the 
 people of Texas in the United States Senate in the conflict now on and 
 which will ever be on between the rights of the people on the one side 
 and the rights of the corporations and trusts on the other. We say that no man can 
 serve two masters. He replies that he recognizes no master but his constituents. This, 
 however, has a hollow and mocking sound and is without the genuine ring to it, in view 
 of his admitted conduct, association and employment. It is as sounding brass and 
 tinkling cymbals. The people pay him $30,000 for six years in the Senate; the cor- 
 porations pay him $300,000 and probably very much more for his service to them dur- 
 ing the same period. If you and your neighbor have adjoining gardens of equal size 
 and jointly employ a gardener and you pay him $3.00 a month and your neighbor pays 
 him ten times as much, or $30.00 a month, whose garden do you think will be best 
 kept? "Where your treasure is there will your heart be also." Senator Bailey 
 by his attitude assumes that rules, motives and principles which influence other men 
 and by which other men are governed have no application to him. Will he also 
 claim that the words of Holy Writ apply to "creatures" and not to Bailey? 
 He alone of all public servants must be held immune from criticism. You 
 must not even compare the 1900 Bailey with the 1906 Bailey, and of course he would 
 not tolerate a comparison of Bailey with any one else. He will make the "human 
 hyenas" and "devils" who oppose him "wish they had never been born" and will 
 "drive them into the Gulf of Mexico." He will "never forgive" those who are so 
 presumptuous as to criticise his conduct while Senator. "Upon what meat doth this 
 cur Caesar feed?" Or what oil is it wherewith he hath been annointed that sets him 
 apart from and above other public servants? 
 
 If in another term Senator Bailey drifts as rapidly from the moorings of the 
 party as he has during the present term, no one can doubt that, having abandoned 
 the plain people, his sympathies will be entirely with the privileged classes and with 
 those enemies of Democracy, who, borrowing the word of Thomas Jefferson, "look to 
 a single and splendid government of an aristocracy founded on banking institutions 
 and money incorporations, under the guise and cloak of their favored branches of 
 manufactures, commerce and navigation, riding and ruling over the plundered 
 ploughmen and beggared yeomanry." 
 
 The conflict between the Democracy and the trusts, money incorporations and 
 the power of concentrated wealth, is not a temporary one. It is a continuous unre- 
 lenting war, and when it shall have ceased the necessity for the existence of the 
 Democratic party will have ceased. Every day the corporations become more pow- 
 erful and impudent, and more expert in their methods of deceit and corruption. 
 There is no middle ground in this conflict upon which to stand. He that is not 
 against these enemies of the people is for them. Is he who eats of their bread 
 likely to be for them or against them? To what public measure beneficial to the 
 masses can Senator Bailey or his friends point as evidence that he is in the service 
 of the people? He has been in Congress fifteen years, and I challenge him or his 
 friends to point to a single instance of significant legislation with the passage or 
 defeat of which his name is closely connected, unless the rate bill already referred 
 to be such. He has done remarkably well for Bailey, but what has he done for 
 the people? In "playing to the galleries" he is the most eminent actor on the political 
 stage, but that tells his whole history. 
 
 If Senator Bailey shall continue to shelter himself behind his so-called nomina- 
 tion and not give the people an opportunity to express their sentiments, it is possible 
 that he may succeed himself as United States Senator. But so surely as he lives 
 there is a revolt and he will go back over the protest of thousands of the best Demo- 
 crats of Texas and alone because of a misconception as to party loyalty. Even his 
 friends on the State committee deem it best for "the good of the party" to go into 
 "executive session" when the Senator is a subject of discussion. The only reason the 
 Senator has thus far given for not waiving his claim to the nomination is the expense 
 of another election. I believe the patriotic people of Texas will readily and cheer- 
 fully bear the expense in the usual way; or, I believe, a sufficient purse can be raised 
 by popular subscription in twenty-four hours to cover this expense. For him to 
 
The Political Life-Story of a Fallen Idol 791 
 
 waive the advantage he claims as nominee and refer the matter to an untrammelled 
 Legislature will not cost a cent, and the people will then be free to give such in- 
 structions as they may see proper. Or the matter could be referred to mass meet- 
 ings to be held by the Democrats of Texas for the purpose of instructing their 
 representatives. If the Senator will but give the people an opportunity to be heard 
 they will speak with a voice that will ring in the ears of their public servants for a 
 hundred years to come, and there will never be a repetition of this particular char- 
 acter of campaign, and the result will be spoken of to the honor and glory of the 
 Democracy of Texas wherever and as long as men shall admire true manhood and 
 purity in politics; and the Texas Democrat will be the model for the whole Union. 
 If the Senator does not fear the verdict of the people, let him come out from behind 
 his breastwork and fight in the open. 
 
 But if he shall persist in holding on to his questionable rights with the tenacity 
 which he has heretofore exhibited, what then? The supreme authority in our gov- 
 ernment and in our political organizations resides in the people. They can, if they 
 will, rise up in their might and name the next Senator from Texas. An attempt 
 is made to cut off their constitutional right of free speech. Will the privilege of 
 petition guaranteed by the Bill of Rights be also denied them? If the Senator and his 
 friends feel that they are on firm ground, why do they substitute personal denuncia- 
 tion of those who oppose him for argument? Why attribute all opposition to personal 
 grudges? I am not conscious of being actuated by any personal enmity towards 
 him, though as proof of it he cites my father's alleged support of him. When my 
 father retired from Congress to his farm ten years ago, he thought he left Bailey 
 as a faithful sentinel on the watch-towers of Democracy, and instead of keeping 
 watch on Bailey, he supposed Bailey was keeping watch for him ; and his position 
 is typical of tens of thousands of others, who have trusted rather than watched, who 
 are slow to condemn, but sure in the administration of a just rebuke when convinced 
 that their trust has been abused. I register my protest against the return of Joseph 
 W. Bailey to the United States Senate from Texas, and am done; but I am not 
 going to jump into the Gulf of Mexico. 
 
 Joseph E. Cockrell. 
 
792 Senator J. W. Bailey of Texas Unmasked 
 
 CHAPTER XXXVIII. 
 JUDGE J. B. GERALD WELCOMES (?) BAILEY TO WACO, 1906. 
 
 Judge J. B. Gerald, an ex-contederate soldier, and a venerable citizen ot Waco, delivered the 
 following arraignment of Bailey in Waco on the day previous to the latter's appearance there in De- 
 cember 1906, when the Democracy of that county was considering the propriety of a second primary 
 to pass upon the condition as then presented. Judge Gerald has been long known for his personal 
 bravery and the courage of his conviction. Aged, decrepid, and worn in body, his mind, his spirit and 
 his patriotism shine forth in the splendid and courageous sentiments here following: 
 
 Well, tonight I do not know how I must address you, whether as fellow-freemen 
 or fellow-slaves. We will know by next Saturday whether we are freemen or 
 slaves. (Applause). My friends, when in the course of human events a man happens 
 to lose his scalping knife it becomes necessary for him to state what he is going to 
 do about it. I have lost mine, but I assure you that by a piece of good luck this 
 evening I found a dull meat axe lying out in my back yard and that will do me 
 tor tonight. (Laughter). 
 
 Now, my fellow-citizens, I am going to speak just as little as I possibly can 
 to cover the question, and the first thing I will call your attention to is the primary 
 election. On next Saturday in this city will be decided the most vital question as to 
 the people of McLennan county that, has ever been decided in this state, whether 
 we are freemen or slaves. (Applause). When we went to the chairman of the 
 Democratic Executive Committee and asked that he call the committee together, 
 at first he said he would give us an answer the next day, but immediately com- 
 menced putting in objections to it, that it was not legal and everything of that kind. 
 At last he consented to call them together, but dead to all sense of decency and 
 iustice he absolutely put an argument in his call against the very thing we had asked 
 the committee to be called together for, when it was just his duty to call the com- 
 mittee together and then submit the question and anything he had to say then, but 
 in advance he shamelessly put in an argument in his call trying to prejudice every 
 member of the executive committee against granting what we asked. Since that time 
 they have sent men around all over this town begging them to sign a petition to the 
 executive committee not to grant our request. One of their arguments against it, 
 I understand — I did not see it myself, — is that it is going to cost the county such 
 an enormous sum of money, every word of which is false. It will not cost McLennan 
 county a cent. There are enough men yet in McLennan County who are willing 
 to give one day's work absolutely and wholly without cost and make an honest 
 return of it. If the Bailey people do not think so, they can put on some Bailey man, 
 if he is willing to work for nothing. (Laughter). We will see, and I will see that 
 it does not cost McLennan County one cent. (Applause). But even if it cost a 
 thousand dollars, what are the dirty dollars, to be measured against the honor 
 and freedom of our citizens? (Applause). 
 
 My God! Have we fallen so low that men will send around a petition and use 
 as an argument against letting the people have their rights that it is going to cost 
 something? And on that account it ought to be refused? If this is so we are indeed 
 fallen down into the depths of degradation. (Applause). 
 
 Now, when that committee meets ne.xt Saturday I wait the roll called. When 
 this question of voting for or against the primary is put let every man answer to his 
 name and then vote for or against it. (Applause.) We want to have the blacklist 
 to hang up in our homes, so that from now on until the day of our deaths or theirs 
 we can point to the men, those who stood for freedom, and those who stood for 
 slavery. (Applause.) 
 
 There is another argument being used against the primar>'. They say we ought 
 not to have this primary because the state will probably have a general primary. Now, 
 
The Political Life-Story of a Fallen Idol 793 
 
 that is a very doubtful matter, whether that ever takes place or not, but admit that 
 a general primary is called, cannot a man in a case of this kind afford to vote twice? 
 We will vote in the primary that we call here, and then if there is one called by the 
 legislature for the whole state we will vote in that, too. If the Bailey element is 
 superior in the legislature they will never call it, but if they do call it we will go 
 out and vote again. I will not guarantee that will not cost us something, but that 
 will be a matter for the State to pay, and everything will have to be provided for by 
 the State. But if it costs Texas a million dollars, wouldn't it be cheap to let the peo- 
 ple of this State have the right to express themselves? 
 
 These are the arguments used by Bailey, and all his followers, that he is nom- 
 inated and the people of this state cannot recall him. That is what this man Gross 
 says. He says you cannot recall the nomination. He denies that right to any one 
 in this county or anywhere else, and that is the cry of the Bailey crowd all over the 
 State. I say that Joseph W. Bailey was nominated for United States Senator because 
 of the carrying out of an infamous fraud. (Applause). Does anybody believe that 
 if the people last July had known what they know today that he could have gotten a 
 corporal's guard in the primary election? (Cries of "No.") Suppose you had 
 known it, would you have walked up to the polls and voted for him? (Cries of "NO.") 
 Not one of you would have done it. There are a few men who would have voted for 
 him. The class of men who endorse him would have voted for him. These officers 
 and officials, all that class that are today endorsing everything he says, and advocat- 
 ing that he has got to be forced down our throats whether we want him or not, they 
 would have voted for him then as they are advertising to the world that they will 
 do the same thing today that he did. (Applause). Doesn't a man — I do not care 
 what position he occupies, justice of the peace, judge, legislator, congressman, or any 
 other man — when he says he endorses Joe Bailey and he believes Bailey has done right, 
 doesn't he bid for any corporation or anything of that class? Doesn't he advertise 
 himself that he is willing to take their dirty dollars? (Applause). 
 
 Fellow-citizens, I beg you to remember these men. 1 beg you to remember them 
 to your dying day and never again vote for any man for any office who endorses such 
 an infamous and such a damnable proposition. 
 
 Now let me make an illustration. As I told Gross, when he started off to ob- 
 ject to this thing. "Your proposition amounts to this: Suppose that last July we 
 had nominated some man for an office in McLennan county, and that before the 
 November election arrived he had been caught stealing out of the hen roosts of his 
 constituency and convicted in the County Court and put out upon the road for sixty 
 or ninety days, or, if he had stolen a horse and had been put in the penitentiary." 
 Don't you see that according to that argument we are denied the right to vote against 
 him and denied the right to put up any candidate against him and are compelled to 
 vote for him? Isn't that an infamous thing, that any man, half-white and free- 
 born should advocate in the community in which he lives such an outrageous proposi- 
 tion as that? (Applause). Yet that is advocated all over the State from Joe Bailey 
 all down the line to Abe Gross, chairman of the Democratic Executive Committee. 
 (Applause and laughter). 
 
 Well, I assert as a legal proposition that the primary election of last July has 
 nothing on earth to do with the primary election that we want now. (Applause.) 
 I assert that the citizens have a right to revise their opinion. I assert that the right 
 of the citizens is older than the Constitution. It is as old as the common law of 
 England, and as old as that day when in the fields of Runnimede the barons wrung 
 from King John the Magna Charta. It is inherited by freemen from freemen and 
 you cannot take it away from them. If Gross is right then a most serious proposition 
 in the provisions of the Terrell election law was left out. Do you believe that if 
 Terrell, the author of that law, had put in a provision something like this: "Pro- 
 vided, that after a man shall have been nominated under no circumstances shall the 
 people be allowed to revise their opinion, but shall be compelled under all circum- 
 stances to come forward and vote for the person so nominated," — I say, if such a 
 proposition as that iiad been submitted to the legislature by the author of the Terrell 
 election law the legislature would have sunk it a thousand fathoms deep and Terrell 
 
794 Senator J. W. Bailey ef Texas Unmasked 
 
 along with it, and instead of being recognized today as an honorable citizen of Texas 
 he would be damned eternally by every man in our State. (Applause). I say the 
 very absence of any provisions of this kind is conclusive evidence that the law does 
 not prevent us from revising our opinion and recalling a nomination. 
 
 Now, it is said that we have got no organization. We have got an organization, 
 an organization that has its foundation down in the hearts of every man in Texas. 
 (Applause). They say we ought to have a candidate for United States Senator against 
 Bailey. Well, that is the very thing that Bailey wants, and he is asking, "Why don't 
 you put up a candidate?" He is a sharp, shrewd politician, and he knows that the 
 very moment that thing is done dissension enters our own camp. Let me give you 
 an illustration and bring it right home. The Times-Herald a day or two ago in 
 speaking about this thing stated that we did not have any organization and stated 
 there were two men very fit for the United States Senate, mentioning their names, 
 which I will not give here. One of them was all right with me, but one of them 
 was all wrong, and one of them was so far wrong with me that if the primary election 
 was called and he was put up as the candidate from McLennan county, and I was 
 requested to endorse him in the speeches that I have promised to make in that event, I 
 would say to the gentleman to whom I made that pledge, "You ask me to stultify 
 myself to endorse this man and I will not do it." Don't you see just such an act 
 as that would have closed my mouth, for I could not have endorsed him without 
 stultifying myself in the face of articles published broadcast all over the Statue of 
 Texas and in many places outside of Texas. Now, there is another thing that shows 
 the utter impropriety of such a proposition. Governor Campbell is spoken of as a 
 candidate. Gentlemen, Governor Campbell was elected on certain pledges that he 
 made that he would carry out if elected Governor. Now, thousands of Governor 
 Campbell's constitutents will object to his going to the United States Senate until he 
 lias served at least two years in the governorship. (Applause). They want to see, 
 and I think Governor Campbell is a man of fair intelligence, and he must be bound 
 to see the position that it will place him in, if after being elected on these pledges 
 he slips out from the carrying of them out and goes into the United States Senate. 
 He never would get over it. Don't you see you do not want any candidate? 
 
 But what is the reason and why hurry the senatorial election ? I assert that there 
 are states in this Union that have gone as much as one, two and even as much I 
 believe as four years without a senator. I will state one case as an illustration. In the 
 state of Delaware, which naturally is a Republican state, there was a Democratic 
 candidate, for they always have one, whether they have any hope of electing him or 
 not. There was a Republican candidate, representing the decent Republicans of the 
 state; and J. Edward Addicks, a dead match for Bailey, was the other. (Applause 
 and laughter). The Democrats would not go to the decent Republicans, and the decent 
 Republicans would not go to the Democrats, and the J. Edward Addicks' men had to 
 stand, for he had them all staked and tied from the simple fact that he had bought 
 them, as everybody knew. In that condition of affairs the legislature just simply 
 adjourned and left Delaware with only one senator, and we had better adjourn and 
 leave Texas with only one senator than to send Bailey back. (Applause). Other states 
 tor other reasons have failed to have two senators at times, although I never heard of 
 anything as bad as the Delaware case and J. Edward Addicks, who, as I have 
 said, is just a dead match for Bailey. (Applause). 
 
 If these men believe Bailey is the pure and spotless man that he claims to be 
 when they get down there and this senatorial question comes up, why don't they 
 say, "We simply won't elect this senator, or any senator, until after this case in the 
 District Court of Travis county has been tried." If Mr. Bailey's statements are true, 
 which I do not believe, and do not believe from the words out of his own mouth, he 
 can prove that all these telegrams and entries on the books of the Waters-Pierce Oil 
 Company are base forgeries. He can prove it. He won't have any difficulty about 
 that. He can go there and swear that that telegram is a forgery, that Pierce sent 
 from that place up in Wisconsin, and which was acted on there in St. Louis. If 
 those things are forgeries Bailey can prove it. Then why not wait. No. To a man 
 they fly with the lightning's speed to the election of a senator. That is the secret 
 
The Political Life-Story of a Fallen Idol 795 
 
 of all these recommendations that Bailey makes that every man who is going to 
 vote against him ought to resign. Don't you see if you can get all the opponents of 
 Bailey to resign it will leave the legislature in the entire possession of the Bailey 
 crowd and they can hurry the election through before the other man is re-elected and 
 re-commissioned. Don't you see the point? That is what he is after. 
 
 Let me for a moment refer to Attorney General Davidson. He has been hounded 
 all over this state in a manner more infamous than ever befell any other law officer of 
 the State. He has been libeled in every charge that has been made against him. The 
 Bailey people say that R. V. Davidson, Attorney General, says thus and so. I say 
 that Attorney General Davidson has said hardly anything. He has been remarkably 
 silent under the great provocation he has had. He said that Bailey introduced the 
 ^Vaters-Pierce Oil Company back into Texas. That is true, isn't it? I do not sup- 
 pose Bailey would deny that. From all the testimony he admits he was down there 
 working with the Attorney General and others, and then came up here to Waco and 
 worked here. I reckon he would not deny that he re-introduced the company into 
 Texas. Bailey said that he had offered his services to Davidson and Davidson never 
 made any reply to that except he said Bailey never did it. I see intelligent lawyers here, 
 one here and another one back there, and 1 reckon there are a good many here. What 
 is Bailey's explanation? His explanation is that he told Davidson that if he would 
 guarantee the conviction of the defendant, he would come and help him, but if David- 
 son was not willing to do that he did not want to have anything do do with it. 
 (Laughter). 
 
 Now, let me ask every honorable lawyer in this house, what do you think of a 
 lawyer proposing to go as a co-attorney into a case, whether he was prosecuting a 
 man for stealing chickens, or in this Waters-Pierce case, who would demand of him 
 the dishonorable and infamous proposition that he must deliver the defendant securely 
 hog-tied and bear-staked before he would go in? (Laughter and applause). 
 
 Why, Bailey said the other day with the egotism that is so remarkable in his 
 character, that if Davidson were to run against him and get into his chair up there 
 in the senate he would rattle (laughter), and the people of Texas would be calling 
 for him to come back. That is an infamous falsehood, like the other lies that he 
 tells. (Applause). There is not an anti-Bailey man in Texas that will demand him 
 back. But talk about his rattling I will tell you, you can go to Huntsville and take 
 out the average criminal there in his striped suit, and carry him to Washington City 
 and put him in Bailey's chair, and there will be more honor, more honesty and more 
 manhood in it than when Bailey sits in it. (Cheers and applause.) 
 
 Now, let us look at Senter's proposition to Bailey. I ask if Senator Bailey or his 
 friends have ever shown that they are willing for the people of Texas to pass on this 
 proposition. Senter was once Bailey's great friend. Senter never abandoned Bailey 
 until the evidence that Davidson had brought out, then Senter stated his position 
 against Bailey. Then Bailey's friends said Senter ought to resign. Bailey said he 
 ought to, too ; Bailey endorsed It, and said it would be satisfactory to him for Senter 
 to resign. (Laughter). Of course, when Bailey sees a chance to get rid of one more 
 man who will vote against him he wants to do it. But Senter very genteelly proposed 
 to Bailey that he would resign provided that if he was renominated Bailey would 
 abandon the race for United States Senator. (Laughter). No; he would not do it. 
 (^Laughter). You resign, but I hold on. \'ou are elected. I am nominated. I de- 
 mand of a man who is already elected to resign the office that he has, but I, the 
 nominee, will not resign. Bailey is the biggest fool in some respects that I ever saw, 
 to be a smart man. (Laughter). He is in some respects a smart man. I am going to 
 show it to you here. At the time of this Senter business Bailey stated an incident in 
 a speech and was trying to make it parallel with his own case. He spoke of an in- 
 stance in the career of Albert Gallatin Brown of Mississippi who was once Governor 
 and United States Senator. I do not recollect the circumstances, as it must have 
 cccurred when I was quite young. After I was grown I knew Brown and knew 
 him well, but I do not recollect anything about this incident, and I take Bailey's state- 
 ment for it. It seems that Brown was a candidate for state senator, and had been 
 nominated by the democratic district convention for state senator. There arose a 
 
796 Senator J. W. Bailey of Texas Unmasked 
 
 question as to how Brown would vote on a certain proposition. Seven hundred men 
 sent a petition asking him to vote one way, and nine hundred sent 
 up a petition asking him to vote the other. Those were about all the voters there 
 were, I reckon, in that senatorial district, for most of the people there then were 
 negroes and they did not vote. Brown, as Bailey says, instantly resigned his nomina- 
 tion and went before the people and was elected. Well, is there any parallel be- 
 tween Bailey's case and Brown's case? (Voice: "Not at all.") None on God's green 
 earth. Brown did the very thing that Bailey refuses to do. I knew Brown well from 
 my early manhood until his death. He was one of the captains of my regiment, and 
 if I had time I could tell you a good joke about him, but I have not time for that. 
 Brown lived and died with a political and personal reputation as pure as the Alpine 
 lily that blooms and withers upon the bosom of the eternal snows. Has Joe Bailey 
 lived that way? 
 
 Now, Bailey has grown to be a very aristocratic man. He cannot live off his 
 salary. I reckon he has his hams boiled in champagne and sits in William Morris 
 chairs and sleeps on beds of eiderdown. (Laughter.) He cannot live off of $6,000.00 
 a year. Everybody who knows anything about it knows that it is $5,000.00 a year 
 salary and perquisities, and Tasked Senator Coke once what those perquisities amounted 
 to, and he said they were worth about a thousand dollars a year to him. Well, you 
 know they are worth just as much as that to Bailey. Now, he cannot live on what 
 ordinary men live on. Let us see if anybody else ever lived off of that, who was 
 national in his reputation and character. Samuel J. Randall, for twenty-seven years 
 the representative in congress of the richest district in Pennsylvania, lived off of it. 
 I have passed by his house in the long years ago and I saw it, neat and genteel, but 
 not gorgeous. I have seen Randall driving around the streets of Washington in a 
 one-horse surrey with his wife and daughter. When Samuel J. Randall after that 
 twenty-seven years died, his estate was worth a little over ten thousand dollars. 
 (Applause). Was Samuel J. Randall a great man? Wherever his record is known 
 no man denies it. Samuel J. Randall is the man who for seventy-two hours sat in 
 his seat in congress and by his splendid ability and parliamentary tactics defeated 
 the "force bill," which would have ruined the people of the South. (Applause). Yet, 
 Bailey cannot live off of $6,000.00 a year. How much was he living off of when 
 the people of Texas took him up? (Laughter.) He had failed absolutely as a lawyer 
 and could not make a living as a lawyer. He got into congress and I do not think 
 he made much there, but in the six years he has been United States Senator from 
 Texas he has amassed no man knows how much. 
 
 I saw in the paper that up here in talking about how he was raised he said he 
 was raised under Baptist influences. Well, that is a pretty bad joke on the Baptist 
 influences. (Laughter). Now, that Is not my understanding of the record at all. 
 (Laughter.) My understanding is that he was raised under the influence of a sec- 
 ond-class saloon in the little town of Crystal Springs, Mississippi. (Laughter). And 
 he has justified his raising (Laughter), for I assert tonight that Texas has never 
 furnished a finer illustration of a bar-room bully than it has in Joseph W. Bailey. 
 (Applause). He got it honestly from that little saloon in Mississippi. That is where 
 he got all this bullying disposition, abusing men like he has done infamously and 
 outrageously, because we in the exercise of our reason and the dictates of our con- 
 science have said that he would no longer do to be a United States Senator. For 
 that we have to be abused. 
 
 As I said the other night, Bailey has met these charges in a manner that no 
 great man ever meets such things. No man who is worthy to be the representative of 
 a decent people ever meets charges such as are made against Bailey in the manner 
 that he meets them. I referred to Alexander Hamilton, who once labored under seri- 
 ous charges. Why didn't Bailey meet them like Hamilton met them? No; he does 
 not meet anything that way. When this thing first commenced Bailey swore down 
 here at the legislature in Austin, 1901, that he would tell the truth, and yet he 
 practically lied all the way through. (Applause). He stated after being sworn that 
 he hardly knew Pierce and cared nothing about him. He had done the whole thing 
 "for my friend Francis who is dear to my heart." (Applause). Suppose he had come 
 
The Political Life-Story of a Fallen Idol 797 
 
 out then and told the whole truth and said "Gentlemen, I have got about $i 1,000 or 
 $12,000 of Mr. Pierce's money right now in my pocket." Do you suppose if he had 
 told them that he would have got the whitewash? He concealed the material facts 
 of the case in his sworn testimony. I was not present, but I understand in that con- 
 vention up here in 1900, when old Captain William Dunnovant, a grand and gallant 
 old man, walked down the isle and shook his finger at Bailey and said: "Sir, did you 
 not know that you were consorting with criminals when you brought this company 
 back to Texas?" Bailey waved his hand and said: "Sit down and I will explain the 
 whole thing." They got Captain Donnovant quieted down — he was a pretty fiery old 
 fellow, — and Bailey went on to explain, and he held up his hand and said, "Before 
 God, I never got a dollar." He said it right in that auditorium. "I did it all for 
 Francis and never got a dollar." Well, Bailey went on on that proposition until David 
 Graham Phillips published an article in the Cosmopolitan magazine saying that Bailey 
 was the leader of the "interests" in the Senate of the United States, in which position 
 he had succeeded Gorman, and everybody knows that Gorman was the leader of the 
 "interests" when he was alive. Then Bailey got up on his hind legs and walked out 
 and denounced the Cosmopolitan and denounced Hearst. He vilified Hearst and said 
 that all Democrats ought to vote against him, Hearst was the Democratic nominee 
 more regularly than Bailey, if he should be re-elected, because he will be re- 
 elected by a bigger fraud than he is nominated now. Hearst was nominated as fairly 
 as any man was ever nominated in a Democratic convention. Every fact derogatory to 
 Hearst and thousands of arguments that were not facts had been urged against him 
 in his canvass for the nomination for governor before the convention met. They lied 
 on him from Dan to Bersheba. When he received the nomination of the Indepen- 
 dence League they urged that against him, that he had deserted his party, and every- 
 thing of that kind. But when the convention met at Buffalo and all the fight had 
 been made against him the majority of the regular Democrats were for Hearst and 
 they nominated him, and yet Bailey advised everybody to vote against him. I was 
 in New York during two months of the campaign, and the most terrific campaign 
 I ever saw made against a man on earth was made against Hearst. Bailey's words 
 were quoted day after day, and appeared in every anti-Hearst newspaper: "Here is 
 what Joe Bailey says." Yet we must not dispute Bailey's nomination, which was 
 procured by a fraud that vitiates the whole transaction. We must not dispute that, 
 but we must vote for him. Gentlemen, can you submit to such an Infamy as that? 
 He can violate everything that an honorable man holds dear and demand to hold 
 the nomination, while Mr. Hearst, with all the efforts made before his nomination 
 to defeat his nomination, was nominated and received the support of every honest 
 Democrat in the state of New York, and if it had not been for such influences as 
 Bailey and that man Jerome, who is a Democrat, or claimed to be, and 
 McClellan, who took the mayoralty office from Hearst, Hearst would today be the 
 Governor of New York. The bitterest enemy that Hearst has in New York today 
 Is McClellan, who took the mayoralty election from Hearst. Every man on the 
 Democratic ticket went through but Hearst but the terrible influences, the tremen- 
 dous amount of money expended against him, defeated him. President Roosevelt 
 even sent Secretary Root down there to charge in his speech which I read the next 
 morning, that Hearst had aided and abetted in the assassination of McKinley. When 
 the fact came out — I cannot quote the words, but the basis of the charge was a little 
 poem of four lines which said that the bullet that killed Goebel was traveling east 
 to kill McKinley — the man who wrote that acknowledged it, but said that he was a 
 great friend of Goebel and was also a great friend of McKinley, and seeing the 
 trend of things and the assassination of Goebel he dreaded that somebody might 
 assassinate McKinley. That was the whole thing. Well, you see all those things 
 were against Hearst. 
 
 They bought up Pat McCarren in Brooklyn. The Democratic representative 
 in Brooklyn was bought and he cost Hearst 15,000 votes. They bought old Richard 
 Croker, and he sent his messages from across the waters appealing to Tammany to 
 vote against Hearst — Croker, that infamous old thief. And as Ijad as they claim 
 that Murphy is, the present leader of Tammany, they appealed to Murphy to vote 
 
798 Senator J. W. Bailey of Texas Unmasked 
 
 against Hearst. Hearst had published Murphy in his newspapers as being more 
 deserving of a convict's garb than being the leader of Tammany. Murphy said: 
 "Yes, he has hit me mighty hard, but I am a Democrat and I am going to vote for 
 him," and Murphy voted for him but Pat McCarren did not. That is the way 
 they beat Hearst. There was this fellow Belmont, and there was Ryan, this insur- 
 ance and all other sort of a plunderer, all against him. Every one of these fellows 
 was against Hearst, yet if the Democrats had stood by Hearst today New York 
 would have been in the Democratic column, and back of it thirty-six electoral votes. 
 
 A Voice: "Before you get through tell them what Bailey said about Bryan 
 when he was first nominated." 
 
 Judge Gerald: Everybody knows he said he would not serve in congress if 
 Bryan was elected. I will discuss that before I get through. Now I am going to 
 discuss Mr. Bailey's reply for a few minutes, but I cannot go over all of it. When 
 the attorney general asked these questions Bailey came out and he shows from the 
 very first where the lance had entered the flesh. You can read between the lines 
 when he says there was no necessity for the attorney general to publish that informa- 
 tion against him, and he could have gotten all the information about Waters-Pierce 
 Oil company belonging to the Standard Oil company in other directions. So he 
 could, but Bailey is charged as the man that got Waters-Pierce back. You can see 
 that what Bailey thought was the duty of the attorney general was to conceal every- 
 thing pertaining to Joseph W. Bailey's connection with it, and if Davidson had been 
 the traitor to his people and his party that Bailey has been they would have been 
 crying out, "Hurrah for Davidson," but if the attorney general had kept his mouth 
 shut he would have perjured himself and he would have dishonored every decent man 
 in Texas if he had done what Bailey evidently wished him to do. 
 
 Now, about that $1,500 draft in connection with which Henry & Stribling are 
 mentioned, before the actual facts came out Bailey tared and hurrahed, as if con- 
 veying the impression that he never got any $1,500 from anyone, had nothing to do 
 with it, did not know anything about it, and if any one would show him a draft for 
 $1,500 he had signed for Henry & Stribling he would resign from the United States 
 Senate. Now, how did that turn out? After the thing was out and we began to 
 scan it we saw it was not charged that it was given to Henry & Stribling, but that 
 it was charged to them on the books, and the evidence shows that Bailey was the 
 man who drew the draft on the company up there. When he found himself cor- 
 nered — and you will see there is going to be more evidence on that draft yet — he 
 then, just like he does everywhere else, turned around and admitted that he got the 
 $1,500, and said it was to buy a horse. (Laughter.) He had been attending the 
 circus when the refrain of one of the songs is "Get a horse." I will tell you, in that 
 particular instance, Mr. Joseph W. Bailey got a horse that before this ends he is 
 going to find to be the hardest horse to ride that he ever had. (Applause.) 
 
 The other day up here somewhere in his speeches Bailey dared any man to ques- 
 tion either his personal or political integrity, and that any man who did so was a liar 
 and a scoundrel. Well, here is one of the liars, and scoundrels. (Applause and 
 laughter.) Now I answer that miserable, perjured boaster, who would not dare to 
 go before a decent man's face, or any man who had the courage of a half-grown jack 
 rabbit, and denonunce him as a liar and a scoundrel. He would not dare to do it. 
 1 know men too well, and I can tell a bully and a coward wherever I hear him talk. 
 1 tell him that I say that he never in his rotten hide ever had a single honest principle, 
 either personal or political. (Applause.) I tell him and hurl it back at him, that 
 he is a moral leper and a political prostitute (applause), who with all the instincts 
 of a bawd has paraded the charms of a United States senatorship in the foul and 
 gilded dens of the Standard Oil company (applause). That is my reply to this liar 
 and scoundrel. 
 
 I read the other day in the newspaper that pistol incident. He states he heard 
 somebody talking about him and he went and got his pistol. He didn't carry it with 
 him but he went and got it and came back and the fellows got right down. (Laugh- 
 ter). Now, let me tell you my opinion about that. I believe, first, that it is a lie 
 
The Political Life-Story of a Fallot Idol 799 
 
 out of whole cloth. (Applause and laughter.) But if it isn't a lie here is how it 
 was managed. He went and got two of his friends and posted them, "Now, boys, 
 j'ou give me hell (laughter) and I will get my pistol and then you hush," and that 
 is the way it happened. (Laughter and cheers.) Tell me that a man who has been 
 guilty of what Joe Bailey has been guilty of can possess personal courage! It is an 
 utter impossibility. (Applause.) Why didn't he stake a man out down here in his 
 Belton speech ? Any man that read that Belton speech can see that Joe Bailey on 
 that particular occasion never said a word about Gruet, and he closed by saying, "Is 
 there anything else you want me to refer to?" and some fellow said "What about 
 Gruet?" and Bailey just jumped up and jumped on Gruet and denounced him for 
 everything he could think of, and then closed by saying that the worst thing about 
 Gruet was that he was the friend of the attorney general. He understands all those 
 tricks of the demagogue. 
 
 Now let me tell you another thing before I quit about his reply. In one of his 
 statements Bailey explains that $1,750 payment by saying that he borrowed $1,750 
 from Pierce and that if the records are correct it shows he got it twice. Well, it just 
 shows to the contrary. It shows how he relies upon the ignorance of the people of 
 this state. Pierce's letter, of which one-half is true and the other half forged, accord- 
 ing to Bailey's statement — Pierce's letter, giving his orders to his secretary, says "that 
 Mr. Bailey, having borrowed $1,750 from me on his personal account, he having 
 now paid it back, this becomes a charge against the company and you will enter it 
 for expenses of Texas cases and send him check for $1,750." Now he paid back the 
 money that was loaned him, but afterwards he gets the $1,750 back, and he says that 
 that shows that he got it right. Suppose that I borrow $100 from the County Judge 
 personally over here, and I pay him back, and he afterwards says I have got a claim 
 against McLennan County for $100, and he recommends the Commissioners' Court 
 to grant it, and they do it and Tom Caufield sends me a check for $100, then I have 
 been paid twice. Don't you see it. He might just as well have asserted that 2 and 2 
 make 5, and ask any intelligent man to believe it as to assert any such proposition as 
 that. 
 
 iBailey explains these vouchers by saying that they are all forgeries, and some- 
 body got hold of them, but how could he have gotten the money? They never could 
 have gotten the money by the mere act of the forgery, and if you follow that thing up 
 you will see that it brings it down that Pierce is the only man who could have bene- 
 fited by it, and he must have had the forgeries put in there and then robbed the 
 Standard Oil company. The Standard Oil company robs everybody else but won't 
 let anybody else rob it. (Laughter.) That is a sample of it all the way. 
 
 Now, after these other things came out then the Hearst matter passed away. 
 Bailey had to abandon all that. Then he had to abandon another thing that he had 
 started out on, too, that the Standard Oil and the railroads were after him. That 
 fell as dead as a last year's bird's nest. Do you hear anything of that now? Not a 
 word. It is all gone. 
 
 Coal Oil Joe (laughter) never says a word about that now. 
 In his campaign of denunciation of us he has called us liars, conspirators, trait- 
 ors, hyenas, and cowards that he will drive into the Gulf of Mexico. I answer him 
 back that he is a liar and a thief. I tell him that in his double dealings and his in- 
 famy we have never gotten a fact out of him except after we had bored for it with a 
 post-auger and then pulled it out with a pair of black-smith's tongs. He is a con- 
 spirator against the honor of the people of Texas. He is a traitor who has proven 
 recreant to everything that an honorable man holds dear. He has betrayed his own 
 manhood and has dishonored the state of his birth and the state of his adoption. He 
 is a hyena who trails at the mangy tail of the Standard Oil tiger and licks its dirty dol- 
 lars. He boasts of running cowards into the Gulf of Mexico. He will be here to- 
 morrow and I will offer him as cheap a bargain as any man can offer. As you all 
 know, I am somewhat old, one-armed and half blind, but if he wants to run me into 
 the Gulf of Mexico he can try it. (Applause and cheers.) He won't do it. 
 
 If he will just walk up and look me in my face and just say that he is going 
 
800 Senator J. IV. Bailey of Texas Unmasked 
 
 to run me into the Gulf of Mexico, I will say: "My clear Senator, recognizing that 
 it is a long trip from here to the Gulf of Mexico (laughter), if you will just run 
 me two hundred and fifty yards from where you are going to speak, if you will just 
 run me down to the Brazos River, I will jump in and float down to the Gulf." 
 (Laughter.) Talking about running people — it makes me mad when anything of that 
 kind happens, and I don't want to get mad either. (Laughter.) That is the way 
 I answer him. I have seen the state of Texas, with all its grand memories, bullied 
 by this miserable boaster as long as I intend to see it. Why is he here tomorrow? 
 To bulldoze and bully the members of the executive committee into refusing our 
 request. That is what he is here for. In the beautiful rhyme of Sir Walter Scott, 
 I repeat his words : 
 
 "Lives there a man with soul so dead, 
 Who never to himself has said, 
 'This is my own, my native land ?' 
 If such there be, go mark him well. 
 For him no minstrel raptures swell. 
 High though his title, proud his name. 
 Boundless his wealth as wish could claim, 
 Living he shall forfeit fair renown. 
 And, doubly dying, shall go down 
 To the vile dust from which he sprung 
 Unwept, unhonored, and unsung." 
 
 I will tell you who the man is and his name is Joseph W. Bailey. (Applause.) He 
 is the man that will go down. He is the man that will have no name. The only 
 land that he has ever found that satisfied him was the Standard Oil and its mil- 
 lions. (Applause.) He is the man who has darkened the brightness of the glorious 
 memories of Texas, the Alamo, Goliad and San Jacinto, and every spot where heroes 
 died that from their martyred blood might rise a glorious gift to the American Union, 
 which is a grander gift than Caesar's legions won for Rome. 
 
 They may put Bailey back in the United States senate. Well, suppose they do. 
 Then with his bullying tactics he is going to try right away to bully the senators 
 at their next session — he won't be there until next December — to make him the 
 leader of the Democratic minority in the senate. If they do so let us see what will 
 happen. You cannot get Mr. Bryan to accept the Democratic nomination for the 
 presidency. Why? It places him in this position: If he keeps his mouth shut about 
 Bailey and the men who support him he eternally dishonors himself, in view of what 
 he has said about no man serving two masters and he swallows every word he pub- 
 lished about this fellow Sullivan in Illinois, who is the leader of the "interests" there 
 while claiming to be a Democrat. If Bailey stands as the representative of the Demo- 
 cratic minority in the senate of the United States, if Bryan does not attack him and 
 the gang, then he has got to swallow his words in that respect, and if he does attack 
 him it would be foolish for Bryan to go into the contest, for the chances are that they 
 would turn all their batteries on him. Bailey will do just as he did about Hearst. 
 He does not like Bryan anyhow, because Bryan is an honest man and Bailey natur- 
 ally don't like honest men. Now, what will be the condition of the Democratic 
 party. Suppose that you re-elect Bailey, and all the Republican batteries are turned 
 loose on you, which will be. 
 
 A Voice: He hasn't had the chance they have had. 
 
 Judge Gerald: No; he hasn't had the chance they have had, but he has had a 
 better chance than some of you think for. 
 
 Now, there Is the condition. There is the proclamation we make when he is 
 elected to every young man in this state, who proposes to go into public life. Every 
 young man is instructed to follow in that path. Every man that believes it, ought 
 tc educate his son to become a thief and a perjurer and a betrayer of his citizenship. 
 
 Now fellow citizens, I have just sketched this over. I could talk all night, but 
 
The Political Life-Story of a Fallen Idol 801 
 
 I do not want to talk further. We have some others who wish to speak to you, and 
 I am going to close by delivering you a little doxology that I saw in the Devil's 
 River News. That is a pretty hard name to start with, but that is where I saw 
 it, published out here in some little town, and it is this: 
 
 "Praise Joe, to whom oil blessings flow. 
 Praise him, all flunkies, here below. 
 Praise him high above the Standard host. 
 Praise Archbald and John, but Joe the most." 
 
 (Laughter and cheers,) 
 
802 Senator 1. IV. Bailey of Texas Unmasked 
 
 CHAPTER XXXIX. 
 NOTABLE MISCELLANEOUS ADDRESSES, INCLUDING: 
 
 a. Bailey Supports the Aldrich Currency Measure. — By F. M. Ethridge, Dallas. 
 
 b. Bailey's Speech on the Rate Bill. — By Stanley Boykin, Ft. Worth. 
 
 c. Refers Bailey Issue to Constituents. — Hon. E. G. Senter, Dallas. 
 
 d. A Native Texan Speaks Out. — Judge George W. Riddle, Dallas. 
 
 e. How Bailey Prosecuted Burton. — From Congressional Record. 
 
 f. Jefferson and Bailey Contrasted. — Hon. A. S. Hawkins. 
 
 g. A Deadly Parallel, Showing Bailey Deals and Dates. — Hon. A. W. Terrell, 
 
 Austin. 
 h. Bailey, the Most Dangerous Man in Public Life. — Ex-Congressman J. V. 
 
 Cockrell. 
 i. The Political Boss.— Hon. W. O. Davis. 
 
 j. Bailey and His "Doctrine of Hate." — Cone Johnson of Tyler, 
 k. Our Modern Caesar. — By Hon. E. C. Gaines, Comanche. 
 
 BAILEY SUPPORTS THE ALDRICH CURRENCY MEASURE. 
 Address by F. M. Ethridge of Dallas. 
 WAXAHACHiE, TEXAS, December 29, (Galveston News, Dec. 30), 1906. 
 
 Mr. Ethridge said in part: "I am here to say in accordance with my honest 
 convictions that just so certain as there exists in this commonwealth an enlightened 
 and awakened public conscience, just that certain Joseph W. Bailey will continue 
 misrepresenting Texas in the Federal Congress," he continued, and there was ap- 
 plause. "By the eternal, the history of Texas abounds in illustrious men who never 
 brought a blot upon her honor, who never had to be whitewashed, who never had 
 to make a Don Quixote campaign against his own record, until Joseph W. Bailey 
 appeared upon our political horizon." (Applause.) 
 
 "When the attorney General of Missouri stuck a knife into Standard Oil he 
 drew blood from J. W. Bailey, didn't he?" the speaker asked, and there were cries 
 of "Yes" and applause. "When Attorney General Davidson stuck his knife into the 
 Standard Oil company he brought blood from Bailey, didn't he?" (Cries of "Yes," 
 "You bet," and "He sure did.") I defy you to stick a knife into the hide of a 
 Standard Oil animal without getting blood from Bailey." (Applause.) 'But I have 
 alwajs voted right,' he says. (Applause and jeers.) That sort of rot has gone on 
 about long enough. I say that in National legislation the trend of which was ad- 
 verse to the interests of the Standard Oil company Bailey lined up with Burton, 
 Depew and Aldrich. (Applause.) I am going to prove it, I want it put in the 
 papers and I challenge Bailey on it. I am not saying anything I can not prove and 
 I don't want to take any baths in the winter time in the Gulf, either. (Applause.) 
 
 "In 1901 he got whitewashed. Under what circumstances? Current history 
 has it that these people were trembling in their hoots. It transpired that Henry Clay 
 Pierce— God pity the people who gave him the name of that grand old Roman of 
 Kentucky! — that Pierce had to go to Europe and that Sibley was in Mexico during 
 that investigation. Where are they going this time? Is Bailey going to give us any 
 assurance that he will endeavor to secure their presence before the legislative inves- 
 tigating committee? Will he? (Cries of 'No.') Well, after they had white- 
 washed him in 1901 he got quieter for a time; but later on his boldness returned. 
 It transpires that in 1903 Mr. Bayne of the Seaboard National Bank of New York, 
 notoriously known as a Standard Oil bank, conceived the idea of giving Joseph W. 
 
The Political Life-Story of a Fallen Idol 803 
 
 Bailey $5,000 to draw a charter, which he had some lawyers go over afterwards. It 
 so happens that in 1903 a bill was introduced in the Senate of the United States 
 relating to the public money, introduced by Aldrich, whose daughter mated with 
 the son of John D. Rockefeller, and who represents the Standard Oil company in 
 the Senate. This bill was to authorize the Republican Secretary of the Treasury 
 to loan to National banks $400,000,000 out of the Treasury upon such securities as 
 this Republican Secretary deemed ample and sufficient at 13/2 per cent interest. The 
 grand and noble Senators from the South fought it man>fully. What did Bailey do? 
 Some years ago when the farmers, sometimes Populists, conceived the idea of having 
 the Government loan them upon the security of their cotton and other farm products, 
 this man Bailey denounced the proposition as anarchy and fought it like a circular 
 saw. In the name of God, when this proposition came up to loan $400,000,000 to 
 the National banks of Wall Street at 1 34 per cent interest, are you prepared to be- 
 lieve that he went shoulder to shoulder with Aldrich ; that he fought Bate, Berry, 
 Culberson, Morgan and Pettus; that he was the only Democrat to line up with 
 Aldrich, Burton and Depew? (Applause.) Talk about him alwavs voting right! 
 It was a nice time to be getting $5,000 from Bayne; but Bailey said in his debate 
 with Crane that he only had one business transaction with Bayne, and that it was a 
 teeny-weeny matter. 
 
 "It strikes me there was some principle in this matter when this bill desired by 
 the Standard Oil interest was pending, when Bailey lined up with Aldrich and 
 against Democratic principles, and against Southern Senators. Three years had 
 elapsed since he was whitewashed, and we had begun to feel more secure concerning 
 the trust imposed upon him by the people. 
 
 "On page 3,145 of the Congressional Record, second session, of the Fifty-Sev- 
 enth Congress, March 2, 1903, one of the Senators took the position that tiiis bill 
 would make a private use of the public funds. Bailey said he could not quite under- 
 stand what the Senator meant, and as he was supporting the bill, he wanted to ask 
 a question: 'Does he believe it is devoting to his profit and use the money of the de- 
 positors in his bank when they deposit there?' was Bailey's question, followed by the 
 remark that the Senator had told them he was interested in a National bank. The 
 Senator answered that if this was to be a temporary deposit, as the senator from 
 Texas said, a temporary deposit that could be withdrawn next week, there was no 
 purpose in the legislation. 
 
 "The only way the Democrats could defeat this bill was by filibustering against 
 It. They did so, but this record shows that Bailey got into unpleasant argument with 
 Bate, McLaurin and the Senator from Georgia. The Democrats regarded the bill as 
 an odious measure. They were afraid to let it come to a vote. In that situation, 
 instead of adjourning, Aldrich, believing he could pass the bill with the aid of Bailey, 
 made a motion to take a recess from 6 o'clock to 8 o'clock p. m. for the purpose of 
 rushing the bill through at a night session. They took a vote upon the motion to 
 recess. Senator McLaurin of Mississippi (page 3,154 of the same Congressional 
 Record) called for the ayes and noes on the motion of the Senator from Rhode Island 
 (Aldrich). He wanted to put the Democratic sheep who had strayed off on record. 
 And here on the same page are the ayes and noes. Those voting aje for the motion 
 of Aldrich were Aldrich! Alger! Bailey! (Applause.) 'Always voted right.' (Re- 
 newed applause and cheers.) Why, Great God, if I could quit my practice for thirty 
 days and nose around in that Record there is no knowing what I might find." 
 
 Mr. Etheridge continued reading through the list of Senators who had voted 
 for the Aldrich motion until he reached Depew, when he stopped long enough "to 
 take a breath of pure air." He declared that the efiforts of the Democrats for the 
 cause of good government would all fail until they should rise up and fumigate the 
 Senate house. 
 
 "From a state like New York, with Piatt and Depew, we cannot expect much," 
 said he, "but when imperial Texas with her honest and unpurchasable yeomanry 
 takes up one of her sons, either native or adopted, and elevates him to that exalted 
 position, they expect and 'demand of him that he shall wear the mantle of Houston, 
 
 11-20 
 
804 Senator J. W. Bailey of Texas Unmasked 
 
 Hemphill, Coke, Maxey, Reagan and our Culberson. (Applause.) And they are 
 not going to be satisfied with any man, no matter what his mental attainments, if 
 he does not wear that mantle. A great intellect, when its energies are expended in 
 the wrong directions, becomes a great engine of oppression." 
 
 Mr. Etheridge continued reading the names of Senators with whom Bailey voted 
 upon the motion in question until he reached Dryden and Elkins, exclaiming at the 
 evidence that a Senator from Texas should be "hooked up" with them. 
 
 "And yet Bailey said that 'this fellow Etheridge' committed the unpardonable 
 sin by voting for McKinley," he continued. "Well, I have never hooked myself up 
 with Aid rich and Depew and Elkins to loan $400,000,000 of the people's money at 
 1J/2 per cent interest to the banks of the Standard Oil company. (Applause.) Mr. 
 Bailey's attitude was that if the people got any of this money from the banks they 
 could not get it as he does, but would have to put up security and pay a larger rate 
 of interest. (Laughter and applause.) 
 
 HOW BAILEY STANDARDIZED THE SOUTHWESTERN OIL COMPANY. 
 
 "How did he rope in the Houston Oil company and the Southwestern Oil com- 
 pany? With that $156,000 they bought in the obligations of those companies. He 
 took the note of the Southwestern Oil company with a provision in it that when 
 he deemed the security insufficient he could foreclose. Within a few days he got rest- 
 less; he knew that the company had no more securities to put up and he had Andrews 
 & Ball file a suit for him against the company. Andrews & Ball are great Bailey 
 men today. All these properties were then turned over to Bailey. Then H. Clay 
 Pierce wrote to his general agent at Dallas and said: 'Mr. Clem, you are advised 
 that we now own the Southwestern Oil company and will run it as a blind tiger 
 (laughter), but all agents will report to you.' The Southwestern men had an office 
 in Dallas and three wagons running in that city, and it had wagons in the other cities 
 of Texas and was offering some competition ; but by indirection, by this circuitous 
 move of Bailey, it was brought into the Standard Oil camp, and, by the eternals, the 
 people are paying the fiddler. (Applause.) 
 
 "If Bailey were to deed all his property to the State of Texas and pay over every 
 dollar of his money to the State ; if he were to change his ways and devote his splendid 
 abilities all the remainder of his life to the people of Texas, he could not repay the 
 damage he has inflicted upon the people of Texas." Applause and cries of "That's 
 the truth!" "That's Scripture.") 
 
 BAILEY'S SPEECH ON THE RATE BILL. 
 By Stanley Boykin of Fort Worth. 
 
 The public has lately heard so much of Mr. Bailey's speech on the "Rate Bill" 
 as it is called, made in the United States Senate on the loth day of April, 1906, and 
 there is such a general lack of knowledge, and such misapprehension upon the part 
 of the public as to what occasioned the speech, as well as its subject matter, that I 
 have concluded to discuss the facts, as far as may be necessary to a full understanding 
 of the question. 
 
 The Senate had under consideration a bill originating in the House, to amend 
 "An Act to Regulate Commerce, approved Feb. 4th, 1887, and an Act Amendatory 
 thereof, and to enlarge the powers of the Interstate Commerce Commission." The 
 bill had passed the House in a very imperfect form, having been crippled by amend- 
 ments until It was, perhaps, worthless. Mr. Roosevelt favored an effective law on 
 the subject, but the Republican leaders in the Senate were opposed to the measure — 
 being attorneys of the interests most affected, such as interstate railways, Standard Oil 
 and other trusts which had profited by rebates and discriminations — and the President 
 selected Senatoi Tillman to take charge of the bill in the Senate, In the hope of 
 getting it through that body in the best possible shape. It would seem from what 
 appeared in the public prints at the time, and since, that Mr. Bailey either wanted 
 to be selected as the leader or to be associated with Mr. Tillman; but Mr. Roose- 
 
The Political Life-Story of a Fallen Idol 805 
 
 velt, being a shrewd judge of men, doubted Mr. Bailey's sincerity and so said 
 publicly, declined to trust him with his confidence in the matter. Time has vindi- 
 cated the wisdom of the President. He, perhaps, at that time knew more of Mr. 
 Bailey's connection uith Standard Oil and the railways than the general public then 
 knew. Roosevelt had too great an insight into human nature to trust a man who 
 was receiving large sums of money from affected interests, and who then had charge 
 of the securities of the Tennessee Central Railway Company, to take the lead in pass- 
 ing laws opposed by such interests. He did not believe in the doctrine, since so 
 industriously propagated by Mr. Bailey and his chief supporters that a man can 
 serve one interest for large pay, grow rich in its service, and then "vote right" on 
 a measure to which that interest is opposed. 
 
 But I digress. Mr. Bailey, who had, so far, taken no very active interest in the 
 matter, so far as the public is informed, on the occasion in question, offered or pro- 
 posed to offer, an amendment to the bill, as follows: "Provided, however, that no 
 rate, or charge, regulation or practice, prescribed by the Commission shall be set 
 aside or suspended by any preliminary or interlocutory decree or order of the court." 
 Meaning that the Federal Courts in which injunctions might be sought to restrain 
 the action of the Commission in fixing rates, etc., should not grant an injunction in 
 the first instance. The amendment also provided that such cases should have pre- 
 cedence in the courts over all other cases, and provided a speedy way in which they 
 could reach the Supreme Court of the United States for early decision. 
 
 To illustrate: The Interstate Commerce Commission under the act was given 
 the power to fix rates on interstate railways, and if the amendment had been adopted 
 and the Commission had fixed a rate on a commodity, say from New York to Texas, 
 and the railways objected to the rate on the ground that it was unreasonable, the 
 railways could not have procured an injunction from a federal court enjoining the 
 Commission from enforcing the rate until the Supreme Court, on appeal, had decided 
 that the rate was unreasonable and that the railwajs were entitled to the injunction. 
 
 While there are two sides to this question economically and politically, and while 
 it may be assumed, for the sake of argument, that such a law would be advantageous 
 to the public, yet we are confronted with this question at the very threashold of the 
 consideration : Would such a law be constitutional ? That is, can Congress pass 
 a law and then take away the constitutional jurisdiction from the courts called upon 
 to enforce and construe that law? The answer, we must say, is No. 
 
 It is axiomatic that the legislative department of the government cannot take 
 away from the courts the jurisdiction and powers vested in them by the constitution. 
 This doctrine is now settled and established by every court of last resort in the 
 United States without an adverse decision. 
 
 Mr. Bailey's proposition, printed on the front page of his speech, is, "The 
 power to create and the power to destroy must, in the nature of things, include the 
 power to limit and control." While this may sound very well as a figure of speech, 
 it is entirely fallacious when applied to the matter at issue, and to a consideration of 
 our three divisions of government, each of equal dignity and independence. 
 
 The constitution of the United States empowers Congress to create certain courts 
 and the constitution itself gives those courts their jurisdicion when created, in these 
 words: "The judicial power shall extend to all cases in law and equity arising under 
 the constitution and laws of the United States, etc." It will be seen that the consti- 
 tution fixes the jurisdiction of the courts and the congress has nothing to do with 
 it. Now, of course, the congress can create the courts authorized by the constitution 
 and it may be that it can destroy, that is, abolish such courts at will when created ; 
 but when they are once created, and as long as they exist, it is not in the power of 
 congress to take from such courts the jurisdiction vested in them by the constitution, 
 and that jurisdiction, in this instance, in part, would be to issue injunctions and 
 restraining orders when called upon to do so in enforcing and construing the law in 
 question. 
 
 That the legislative body cannot divest a court of the powers given it by the 
 constitution is well illustrated by the case of ex parte Ginochio appealed from Tarrant 
 
806 Senator J. W. Bailey of Texas Unmasked 
 
 County and decided by the court of Criminal Appeals of Texas reported in 30 Tex. 
 App., 584 — 18 S. W., 82. In that case the question was this: The legislature of the 
 State of Texas had granted the city of Fort Worth a special character in which it 
 was provided: "That the City Court of the City of Fort Worth shall have exclusive 
 jurisdiction over the violations of the Sunday law within the corporate limits of the 
 city, between the hours of 12 o'clock Saturday night and 9 o'clock Sunday morn- 
 ing and between the hours of 4 p. m. Sunday and 12 o'clock Saturday night." 
 
 The court of Criminal Appeals held, in one of the ablest decisions ever rendered 
 by that court, that the act was unconstitutional in that it undertook to deprive the 
 justices courts of the Jurisdiction given them by the state over violations of the Sunday 
 laws, the penalty being not less than $20.00 nor more than $50.00 in such courts, un- 
 der the constitution, having jurisdiction in misdemeanors, where the penalty did not 
 exceed a fine of $200.00. Many cases are cited in the opinion supporting the con- 
 clusion of the court, and none against it, as none existed. We quote from one of 
 the cited cases: 
 
 "By Sec. 14, Art. 6 (of the Constitution of Mississippi) original jurisdiction is 
 conferred upon the Circuit Courts of the state in all criminal matters, and such 
 jurisdiction cannot be withdrawn by the legislative department of the government. 
 The legislative, the executive and the judicial departments are each protected by the 
 constitution against encroachments by one another, and the power conferred upon 
 either cannot be withdrawn by either or both of the co-ordinate branches. If the 
 legislature may withdraw from the courts the jurisdiction conferred upon them by 
 the constitution in one class of cases it may withdraw it from another and another 
 until finally there would be no subject over which it (jurisdiction) might be enter- 
 tained." Montross vs. State, 61 Miss. 429. 
 
 The power to "limit and control" does not seem to be recognized here, and it 
 never was recognized in any like case in this country. All the talk about Mr. Bailey's 
 speech being unanswerable and that the republicans were dismayed and held a caucus 
 to select a man to answer him, and that, when a man was selected, he declared he 
 could not do it, is pure fiction. His speech ivas answered, and by a friend of the bill. 
 His colleague, Mr. Culberson, in a short, dignified, and statesmanlike speech answered 
 Mr. Bailey, demonstrating that the amendment, for the reasons above stated, was 
 unconstitutional, and if adopted would perhaps endanger the whole bill. That the 
 enemies of the bill would have been glad to have had an amendment tacked on to it 
 that would have caused the courts to hold the entire bill unconstitutional goes with- 
 out saying, and that such tactics are frequently resorted to by the opponents or secret 
 enemies of a bill is well known. But in this particular instance the amendment was 
 so palpably unconstitutional that it is hardly probable that anybody at that time gave 
 it serious thought. 
 
 Some of Mr. Bailey's opponents have charged that on account of his affiliation 
 with the trusts and railways that he was endeavoring to get an amendment adopted 
 which he knew to be unconstitutional and which he hoped would destroy the entire 
 bill. This accusation may be unjust. In the first place, Mr. Bailey knew that there 
 was not the slightest probability of the amendment carrying, and, as he had taken no 
 very active part in the matter up to the time (perhaps on account of the affiliations 
 mentioned), and as he is always itching for notoriety, the probability is that he only 
 wanted to make "a. big speech" and one that would be entirely harmless in its effects. 
 In fact, the most of the speech as printed, seems to have been made to the galleries 
 and was enirely foreign to the subject under debate. It expressed sentiments and 
 principles very different from those since advocated by him, and which he seems now 
 to hold in contempt. I will quote the concluding part of his speech, and let the 
 leader judge of this for himself. 
 
 bailey's prayer. 
 
 "I pray for the time to come when we shall have a new and loftier standard 
 to guide our children ; when we shall teach them that justice is better than power, 
 and lead them into the ennobling faith that truth shall conquer falsehood in every 
 
The Political Life-Story of a Fallen Idol 807 
 
 home where peace abides and in every land where men are free. Under the influence 
 of higher ideals and more unselfish aspirations all hate and envy will vanish from our 
 minds and the only evil thought which still must vex us will be the malice which the 
 bad shall forever feci toward the good. When conduct, instead of fortune, is made 
 the rule by which we judge all men, then every boy in this fair land, no matter how 
 humble his parentage or how limited his opportunity, will feel the tiirill of hope, and 
 the carpenters son will know that, if only he is just and brave and honest, he will be 
 more respected than the son of any millionaire who ever wasted his father's fortune 
 in idle dissipation or soiled his father's name by gross excess." (Applause in the 
 galleries.) 
 
 The connection between this fustian (sometimes mistaken by the ignorant for 
 oratory), and whether or not a federal court should issue injunctions in certain cases 
 is not apparent. If the sentiment expressed was "argument," of course it was un- 
 answerable." 
 
 Now compare the sentiments of this speech with a speech made by this same 
 Mr. Bailey in the Senate later on, after his connection, in part, with H. Clay Pierce 
 and his ilk become known, wherein he declared: "I despise those public men who 
 think they must remain poor in order to be considered honest," being the same speech 
 in which he expressed such contempt for men who prefer to die poor than gain riches 
 by means which might affect their honor! But noiu we have the real Bailey; then 
 (April, 1906) we had Bailey feeling good, with his pockets bursting with trust money 
 and thinking nobody knew it or ever would know it. 
 
 The trouble with Federal courts is not that they have too much power but that 
 they abuse the power which the constitution gives them, powers which are necessary 
 to a proper administration of law and justice among men, and this comes from the 
 character of men appointed by the presidents of the United States to the Federal 
 bench. With few exceptions, federal judges are simply removed by tlie president 
 from the service and pay, as attorneys, etc., of the railroads and trusts, and through 
 their influence, to the federal bench. Could it be expected that they would then 
 case serving their old masters? There are two remedies: One is to pass a law pro- 
 hibiting the president from appointing such men to the federal bench. Would Mr. 
 Bailey vote for that law? No. It would even disqualify him for such position. An- 
 other is to impeach every federal judge who abuses his power in issuing injunctions 
 and appointing receivers in like matters. Would Mr. Bailey vote for that law? 
 No. It might be first used against judges who abuse their power in the interests 
 of his own "dear friends" among the trustmasters and law breaking and law-defying 
 railroad officials. 
 
 The great remedy that the people have, however, in their own hands, is to re- 
 move all such men as Bailey from the halls of congress and place men there who will 
 pass laws remedying the great evils under which we suffer, not only at the hands 
 of federal judges, but at the hands of law breaking and law defying trusts and rail- 
 way officials and managers, and thus avert the evil influences that now threaten the 
 very foundtions of our institutions. Stanley Boykin. 
 
 Sept. 12, 1907, Fort Worth, Texas. 
 
 JOS. W. BAILEY, STANDARD OIL AND THE RATE BILL "JOKER." 
 
 The Dallas News (Dec, 1906) : 
 
 One reads that public men in Washington fear there may be some merit in 
 the contention of the Standard Oil company's attorneys that that corporation was 
 indicted under a law that was defunct at the time the complaints were drawn. We 
 are told that, when this allegation was made by the trust's lawyers in a demurrer to 
 the Government's pleadings in the Chicago cases it excited little concern, for it was 
 thought to be a desperate effort of men to escape just as the law was closing about 
 them. Later District Attorney Sims of Chicago, who is immediately in charge of 
 the prosecution of these cases, came to Washington, and he has spent his time in 
 making an investigation to determine whether there is in fact that hiatus in the anti- 
 rebate statutes through which the Standard Oil company hopes to escape. The mere 
 
808 Senator J. W. Bailey of Texas Unmasked 
 
 fact of his arrival for the first time aroused public men to the fear that perhaps an 
 agregious parliamentary blunder was made. 
 
 The News has been requested to repeat the circumstances and the results of the 
 mistake upon which the trust now depends for acquittal. The story, as taken from 
 the Washington paper, is as follows: 
 
 The attorneys for the Standard Oil company, in cases being tried in Chicago, 
 claim immunity for their clients because of a hiatus between the time when the El- 
 kins law was repealed by the railroad rate law and the adoption by Congress of the 
 joint resolution extending the time sixty days when the law was to become operative. 
 
 The ostensible purpose, and the real intent of Congress, was to enable the rail- 
 roads to become acquainted with the requirements of the new law. The joint reso- 
 lution went over one day before being acted upon, and this, the lawyers say, created 
 a hiatus of twenty-four hours when there was no law in effect. The rate law pro- 
 vided for the repeal of the Elkins law, but stipulated that cases then pending should 
 be prosecuted to a conclusion under laws existing at that time. On page 9522 of 
 the Congressional Record, of the proceedings of June 28, 1906, appears the following: 
 
 "The Vice President — Is there objection to the present consideration of the 
 joint resolution just read? 
 
 "Mr. Bailey — I suggest that an easy way out of it would be to allow the joint 
 resolution to remain pending, and if the conference report is adopted in the Senate 
 tomorrow, then, after the rate bill is sent to the President for his approval, this joint 
 resolution can be passed through both houses. 
 
 "Mr. Tillman — It has got to be approved, too. 
 
 "Mr. Bailey — It must be approved. 
 
 "Mr. Cullom — It can be taken up and passed by the Senate immediately after 
 the conference report shall have been adopted. 
 
 "Mr. Bailey — It can be passed here, and the President, of course, would be 
 communicated with, and he would not sign the bill until the joint resolution comes 
 to him ; and he can sign both at the same time." 
 
 The joint resolution, at Mr. Bailey's suggestion went over: It is now alleged 
 by some that this suggestion of Mr. Bailey caused the condition of affairs upon which 
 immunity is now claimed. 
 
 Quotations from the Congressional Record seem to bear out this view as to the 
 effect of Senator Bailey's suggestion ; but this is not the only unfortunate mistake he 
 has made, his stanchest organs being witnesses. 
 
 E. G. SENTER REFERS BAILEY ISSUE TO CONSTITUENTS. 
 
 Sunday's Times-Herald. 
 
 Hon. E. G. Senter, state senator-elect from the district comprising Dallas and 
 Rockwall counties, has given out the following letter to his constituents explaining 
 in detail 1 is position in the matter of electing a United States senator. Mr. Senter 's 
 letter in full is as follows: 
 
 Dallas, Tex., 15, 1906. 
 To the Democratic Voters of the Sixth Senatorial District: 
 
 The disclosures relating to Mr. Bailey which have been made public since the 
 primary election create a condition without a precedent. Under similar circumstances, 
 any conscientious judge would grant a new trial in a case pending before him. There 
 are abundant evidences of a strong public demand for a rehearing in the senatorial 
 matter, and believing that this issue is one which should be settled by the Democratic 
 voters of the state rather than by the members of the thirtieth legislature, I beg to 
 submit to you the question whether, under the changed conditions, you will now in- 
 struct me to vote for or against Mr. Bailey for United States senator. I do not un- 
 dertake to say how your will should be expressed, but beg to suggest that it can be 
 ascertained, without serious inconvenience, through mass meetings or local primaries. 
 Inasmuch as the time for action is short, I take the liberty of suggesting further that 
 whatever steps you may choose to take should not be deferred later than Saturday, 
 December 29th. 
 
The Political Life-Story of a Fallen Idol 809 
 
 The claim that Mr. Bailey has a vested right to the senatorship by reason of 
 the action of the Democratic primaries and state convention must be considered as 
 any other claim of title. If it is proposed to stand upon technicalities, the answer 
 is that the people's forum only acts as a court of equity. If an equity is asserted, the 
 claim must come with sufficient proof of clean hands, and that is the very question 
 at issue. 
 
 It would be a cowardly evasion of my plain duty if I did not advise you of 
 my own convictions touching this matter. 
 
 lee's sublime example. 
 
 Up to the time of the publication of the evidence in the possession of the attorney 
 general, and the subsequent admissions by Mr. Bailey, I was committed to the view 
 that loyalty to Democratic precedents required that every doubt should be resolved in 
 his favor, and in my own mind I have labored long and earnestly to convince myself 
 that I could, without doing violence to my own convictions, make reasonable and 
 satisfactory explanation of the transactions which have lately come under review. 
 The result is, after mature deliberation, that I now come to make public confession 
 of my own mental pettifoggery. All the years of my life have been given to the 
 advocacy of another kind of gospeJ. From infancy I was taught that Robert Lee's 
 sublime self-abnegation and self-chosen poverty set a historical standard for Southern 
 leadership, which no man had dared or would ever dare to trample in the dust. For- 
 tune-getting I believe to be incompatible with a zealous and faithful administration 
 of a public trust. The fact that Mr. Bailey has risen, within the brief space of six 
 years, from admitted poverty to affluence, while his time belonged wholly to the public, 
 is a circumstance that in the case of any official, should call for full and candid ex- 
 planation. Has this been done by Mr. Bailey? Let the record speak for itself: 
 
 The public was assured that it had been put in possession of the whole truth 
 when this subject was under investigation six years ago. Did Mr. Bailey deal can- 
 didly with the public at that time? 
 
 In his late speech-making tour through Texas to explain his connection with 
 the Waters-Pierce Oil company, Mr. Bailey assumed to tell, with emphasis, the full 
 history of his connection with that company. Did he then deal candidly with the 
 public? 
 
 Has the public yet been taken into the full confidenc: of Mr. Bailey, and have 
 all of the transactions of the same general class as those under review been disclosed ? 
 Has the account between him and Pierce and his associates been closed, and is Mr. 
 Bailey ready to make an exhibit of the whole to the public eye ? These questions are 
 pertinent in view of the slow and tedious processes by which all that the public now 
 knows about this matter have been revealed. 
 
 The truth is that all that he has disclosed about the matter has been in belated 
 explanation of some fact which found its way to the public over his violent protest. 
 
 THE ADMITTED FACTS. 
 
 A legislative investigation has been called for, but nothing it could unfold would 
 affect the moral force of these admitted facts: 
 
 1. That Mr. Bailey undertook to act as the interceding friend of the Waters- 
 Pierce Oil company upon no greater evidence of its innocence than a letter of intro- 
 duction delivered to him by Pierce and written by David R. Francis, whose identity 
 with law-defying and trust-promoting interests was at the time notorious. 
 
 2. That concurrently with the friendly service which he rendered to the 
 Waters-Pierce Oil company, Mr. Bailey began to borrow large sums of money from 
 Pierce, that these loans were increased, and that they have, apparently, been dis- 
 charged by fees charged against Pierce and his associates for subsequent services. 
 
 3. That the group of financiers surrounding Pierce have, since the re-entrance 
 of the Waters-Pierce Oil company into Texas, paid enormous fees to Mr. Bailey 
 which, in the cases disclosed to the public, have been wholly out of proportion to the 
 services rendered, measured by the customs of this state. 
 
810 Senator J. IV. Bailey of Texas Unmasked 
 
 4. That Mr. Bailey's reputation as a lawyer was as well established prior to 
 1900 as thereafter, but that the group of financiera whose clientage brought him 
 wealth did not, as far as the public is advised, seek his counsel or services until the 
 Waters-Fierce Oil company re-entered Texas. 
 
 It is contended that these controlling facts show nothing more than indiscretion. 
 If that be true, the reply is that there arc offenses against the public weal, and this is 
 one of them. It is also true that the case here presented exhausts the possibilities of 
 proof, whatever might be the circumstances. 
 
 The special interests which seek to coax or to lure a public servant into their 
 camp do not commit the folly of making vulgar propositions. The most that can 
 ever be charged or proved against them is that they place Aladdin's lamp in the hands 
 of the official upon whom they have designs and bid him gratify his lust for wealth. 
 
 If Mr. Bailey was insensible to the meaning of the extraordinary favors show- 
 ered upon him by Pierce and his associates, can he be safely trusted with the vast 
 responsibilities which rest upon a representative of Texas in the nation's highest parlia- 
 ment? If he divined their purpose and took those benefits with the concealed design 
 to render no reciprocal services, is he longer worthy either of their confidence or of 
 ours? 
 
 We cannot shut our eyes to the significance of the fact that the publication of 
 documents in the hands of the attorney general brought the reluctant admission from 
 the general counsel of the Waters- Pierce Oil company and also from one of the attor- 
 neys for the state in the prosecution against it that a large sum of money was paid by 
 the company to the attorney for subsequent services. 
 
 It is clear from the evidence which has been published that both Pierce and the 
 Standard Oil company understood that these transactions with Mr. Bailey were based 
 upon his services in behalf of the re-admission of the Waters-Pierce Oil company. 
 The transfer of Mr. Bailey's obligation by Pierce to the Standard Oil company and 
 the entries made upon the records of that company declaratory of these transactions 
 are proofs indisputable of the underlying motives by which they were both actuated. 
 These records were made long ago and were not intended for the eye of the public. 
 They are against the interests of both Pierce and Standard Oil, and it must be as- 
 sumed that they speak the truth as far as these parties are concerned. It is urged 
 that Mr. Bailey is not responsible for the transfer of his notes by Pierce to Standard 
 Oil. Very true. But he is chargeable with notice of Pierce's understanding of the 
 nature of the transactions between himself and Pierce. It is difficult to believe that 
 a man of Pierce's experience could have been misled touching a matter of this sort. 
 He was many times a millionaire and did not need to discount Mr. Bailey's notes in 
 order to raise funds. He is not charged by any one with being such a penurious 
 trickster as one who would have been who unloaded these obligations upon Standard 
 Oil upon false pretense for the purpose of casting a loss upon it which might other- 
 wise have fallen upon himself. 
 
 WANTS INFLUENCE UNIMPAIRED. 
 
 Texas in entitled to a weight and influence in congress unimpaired by personal 
 embarrassment on the part of either of its representatives. It must be apparent to 
 every candid mind that Mr. Bailey's influence as a senator is gone. His re-election 
 would furnish the enemies of Democracy with lamentable proof of our own laxity 
 of view with respect to our own shortcomings, but it could not rehabilitate him as 
 a national leader. The best evidence that our national standards are still unsullied 
 is given by the fact that no man can long fill a conspicuous place in the confidence 
 and affections of the people of this country unless he wholly eschews the hunger 
 and thirst for wealth. 
 
 Another potent reason why I believe Mr. Bailey's course should not be indorsed 
 is that such action would be, in effect, a general license to public officials, the evil re- 
 sults of which would not be slow to manifest themselves in the public service. If Mr. 
 Bailey can do these things and escape censure, why should others hesitate to follow 
 his example? Can it be doubted that such a precedent would sow dragon's teeth in 
 every county in this state? 
 
The Political Life-Story of a Fallen Idol 811 
 
 Shall we permit a lower standard of conduct to a United States Senator than 
 would be tolerated in a minor official? 
 
 If a district judge should quickly pass from poverty to wealth as the result of 
 favors from a syndicate of financiers who had profited by his action on the bench, 
 could words express the public indignation which would be felt upon the disclosure 
 of the transactions? 
 
 In its broadest phases — as it may affect official conduct and public sentiment in 
 this state, and as it may shape the ideals of the young men who are coming on and 
 must soon take up the control of public affairs — this is a moral issue. Its disposition 
 is of supreme importance, not only to Texas, but the Republic, because it is the first 
 case since the beginning of the government that such transactions as have been traced to 
 Mr. Bailey, on the part of a United States Senator, have been presented as they 
 are presented here for approval or condemnation by a sovereign state. If upon such an 
 issue Texas shall not be found upon the side of sound and wholesome public morals, 
 well may the thinking American tremble for the future of this country. 
 
 It is a palpable evasion of the issue to declaim against those who have been in- 
 strumental in making these transactions public. The skillful lawyer always expends 
 his indignation upon the witness who has brought his clients to tlie bar, but the intelli- 
 gent juror understands that the quality of the client's act must be measured by a 
 standard that is not varied by the mechanism through which the law travels to its 
 facts. A faithful public servant has no occasion to quarrel with those who turn the 
 calcium upon his inner life, and their reasons are wholly irrelevant to the question 
 whether his acts should be approved or disapproved. 
 
 GRAVER QUESTION INVOLVED. 
 
 There is a graver question here involved than Mr. Bailey's future. His con- 
 duct has placed in jeopardy the future of the Democracy of the nation. He has, at the 
 national capital as well as in Texas, defiantly announced that he intends to continue 
 in the course for which he is now arrainged. His re-election is sought as a vindication 
 of his conduct. This puts the issue squarely. He himself has made it impossible 
 to elect him without giving full and emphatic approval to all that he has done, and in 
 view of his attitude with respect to the matter, who can doubt that he would so con- 
 strue a re-election? To give him a clear acquittance is to make a jest of every sen- 
 tence touching unlawful trusts and public morals that will be written in Democratic 
 platforms in the next national campaign. It would make Texas and Bailey the 
 fruitful theme of every Republican orator who shall take the stump against Bryan in 
 1908, from Maine to California, and we delude ourselves if we imagine the effect 
 will not be serious to the party. Will such an example tend to invite the confidence 
 of thoughtful voters in doubtful states? Can the Democracy of the nation point to the 
 senate unabashed with Mr. Bailey there? This question, it should be remembered, 
 will not be answered by personal friends and partisans, but by the millions of silent 
 voters of the land who hold no briefs for any leader, but who in the quiet of their 
 homes, mindful of no influences save God anil countr)', take counsel with their own 
 consciences. 
 
 Beyond all questions of party stands out plain and luminous the fact that we 
 cannot approve Mr. Bailey's conduct without approving wrong for which no penance 
 has been done and no apology has been made. The personal affection which now seeks 
 with all its arts and power to shield him is almost as magnificent as a mother's un- 
 quenchable love. He must be dead indeed to the richness of human friendship who 
 can witness without a throb of sympathy the enfolding kindness which it now throws 
 around Mr. Bailej — a touching witness to the greatness which he has so recklessly 
 sacrificed. But while this spectacle challenges our admiration, in the silence of the 
 night, when God reigns and conscience speaks, there stands out lummously this ad- 
 monition written across the face of the heavens: "For unto whomsoever much is 
 given, of him much shall be required." 
 
 Respectfully, 
 
 E. G. Senter. 
 
812 Senator J. W. Bailey of Texas Unmasked 
 
 A NATIVE TEXAN SPEAKS OUT. 
 (Address by Judge Geo. W. Riddle.) 
 
 Dallas, Texas, October ii, 1906, (Galveston News, October 12th).— At an 
 anti-Bailey meeting, Judge Geo. W. Riddle spoke in part as follows: "I have no 
 apology to make for speaking to you tonight. I am a citizen of this State and a 
 native of it, and I am proud of it. I have a right to speak out when I don't think 
 our servants act like they ought to. I am not a candidate for office and I don't expect 
 to be, but I believe in good government. I believe the men who represent us should 
 be clean. 
 
 "I have nothing against Bailey personally. It was my pleasure once to support 
 him, and I regret that his conduct has taken the course it has. Had he pursued the 
 right course he would have been one of the grandest men in the country. But he 
 was like too many others — he couldn't stand prosperity. He had too many encomiums 
 heaped upon him. 
 
 "I don't like the way he berated the people of this State. He brought all this 
 agitation on himself. The people of this State have been good to Bailey. They have 
 made him what he is, in a sense. You don't hear any of these tales about Culberson or 
 Jack Beall. If you say anything against Bailey, he says you are a liar, a hyena, a 
 slanderer and a maligner. 
 
 "I am glad we can stand up like men. I want this agitation to go on until we 
 rid this State of H. Clay Pierce and his ilk. 
 
 "Bailey spews condemnation over every one. I would like to see him get some 
 clear water and wash out his mouth and then take a bath — " 
 A Voice: In the Gulf of Mexico? 
 
 Judge Riddle: "Yes, in the Gulf of Mexico. Then I would like to see him 
 take a little trip to Oklahoma, and I would like for him to stay there. 
 
 "The object of government is to protect the weak against the strong; to re- 
 strain the greed of men. Monoplifs and trusts are an opposition to the Government. 
 Its purpose is to crush out the Government. It won't do to have men represent you 
 who have anything to do with this kind of thing." 
 
 Judge Riddle then entered upon a criticism of David R. Francis, H. Clay Pierce 
 and John H. Kirby. He continued: 
 
 "Now, this change has got to come about. Some of his friends say the primar- 
 ies. To hell with the primaries. Mr. Bailey's record doesn't seem to disclose what he 
 got out of that Tennessee deal. I want to say that if he didn't get a quarter of a 
 million dollars he ought to be convicted for selling too cheap." 
 
 Hon. W. A. Shaw of Dallas, editor of the Texas Farmer, and a well known 
 newspaper and public man, delivered the following address: 
 
 "It seems to me that this is a question on which a fellow ought to make a 
 talk without any preparation. It is a self-evident proposition. Crane laid down the 
 proposition at Houston as it ought to be and as it is, thus! That no Senator or 
 Representative has the legal or moral right to take fees from a corporation which 
 his office imposes upon him the duty of controlling. That's all there is to it. Bailey 
 is a mere incident, and he's an infernally small one. We have heard him discussed, 
 but he is not the question to consider. What are we going to do in Texas to stop 
 this practice? I enjoyed reading the debate at Houston, and I think the whole State 
 of Texas owes Gen. Crane a debt of gratitude for getting into it, as he overcame a 
 disinclination to enter the controversy. I am convinced that no motive led him to 
 do so except that of patriotism. I think Bailey is the most altitudinous, superlative 
 and monumental fool along certain lines that God ever put upon earth, and yet he 
 is in certain respects the strongest man on the face of the earth. The Twenty-Seventh 
 Legislature executed one of the most gigantic pieces of whitewashing ever instituted 
 on the face of the earth when they vindicated him. I was a member of the Legislature. 
 Three-fourths of the Texas Legislature were a lot of Bailey flunkej's — a lot of legal 
 kids. They ran over everything roughshod, and they vindicated Bailey when it was 
 just as well known as it is now what he has done." 
 
The Political Life-Story of a Fallen Idol 813 
 
 HOW BAILEY PROSECUTED BURTON. 
 
 Congressional Record, December i8, 1905, page 501. 
 
 "I believe the rule — the best and safest rule — is that when a senator finds him- 
 self compelled, by a sense of delicacy towards his associates, to absent himself from 
 the senate, he ought to resign and give his people a chance to fill his place while the 
 case against him proceeds, and, unless he represents a constituency unlike any that I 
 have ever known, if he can vindicate himself against the charge they will call 
 him back into their honorable service with renewed devotion to him. But if a sena- 
 tor so situated will not resign, the senate ought either to relieve him from the sense 
 of delicacy which keeps him from the chamber or else it ought to relieve his state 
 from the representation of a man that it will not allow to exercise the rights and 
 privileges of his great office. 
 
 "There have been within the last ten years five indictments of senators, and each 
 of those indictments implied a crime committeed for the sake of money. It is time 
 that the senate was testifying to the world that this is no place for a man who wants 
 to make money illegally or unfairly, not to say dishonestly. 
 
 "If a man in an unfortunate personal encounter should be compelled to take the 
 life of his fellowman, that might or might not unfit him to be a senator. It would 
 depend entirely upon the provocation. It sometimes happens that high-minded men 
 are compelled, by a sense of self-respect, to slay; but it never happens that a high- 
 minded man attempts to line his pockets with dishonest gain. 
 
 "The only question in my mind for the senate to decide is whether the senator 
 attempted to traffic in his great office. If he did, there is no justification for him; 
 if he did not, we ought to certify to the world that he has been accused without 
 sufficient reason. 
 
 "I protest against leaving the senate to suffer under the ribald jests of many 
 good men while the court slowly proceeds with an inquiry which we ought to con- 
 duct and conclude without delay." 
 
 JEFFERSON AND BAILEY CONTRASTED. 
 (By Hon. A. S. Hawkins.) 
 
 Special to the News: — 
 
 Abilene, Texas, January ii, (Dallas News, Jan. 16), 1907. — The following 
 open letter has been addressed to Senator J. W. Bailey by Hon. A. S. Hawkins: 
 
 Abilene, Texas, Jan. 11. — Hon. J. W. Bailey, Austin, Texas, in care of "the 
 third House:" I sent this letter in care of the "third House," which is composed 
 of men at Austin engaged in lobbying in the main part on account of their corpora- 
 tion connections. It is for this reason that you are there, and in this connection I 
 beg to suggest that if you had avoided the "appearance of evil" all this trouble might 
 have been avoided. 
 
 I have propounded to your representative, Mr. Cunningham, a series of ques- 
 tions in which I asked him if he indorsed your actions in various matters com- 
 plained of, and now in turn I ask you if you indorse the conduct of your represen- 
 tative in this matter, and I will also ask you if you indorse his course in making cam- 
 paign speeches for the Populist nominee in McClellan County, who ran against your 
 Bob Henry in his race for Congress. 
 
 CONTRASTS BAILEY WITH JEFFERSON. 
 
 Now, Senator Bailey, you must not Imagine for one moment that I am mad with 
 you personally, for such is not the case. I like you, but dislike your ways. I think you 
 have done more to commercialize politics than any man of the age, and I say this 
 without charging you with corruption, for I do not mean to be harsh. During the 
 six years you have served in the Senate you have made out of corporations alone 
 several thousand dollars, and at the same time have never appeared in a case in court, 
 and on account of your prominence in the Democratic party, and your assumption as 
 being almost all of it, I beg to quote in this connection what Thomas Jefferson, the 
 
814 Senator J. IV. Bailey of Texas Unmasked 
 
 founder of Democraq', said with reference to such conduct as yours: (See Vol. 
 
 ' '''''' Philadelphia, March i8, 1793— Dear Sir: I received your kind favor of the 
 26th ult., and thank you for its contents as sincerely as if 1 could engage in what is 
 proposed.' When I first entered on the stage of public life (twenty-four years ago), 
 I came to a resolution never to engage while in public office in any kind of enter- 
 prise for the improvement of my fortune, or to wear any other character than that 
 of a farmer. I have never departed from it, in a single instance, and I have in many 
 instances found myself happy in being able to decide and to act as a public servant, 
 clear of all interest, in the multiform instances that have arisen, wherein I have seen 
 others embarrassed and biased by having got themselves into a more interested situa- 
 tion. Thus I have thought myself richer in contentment than I should have been 
 in increase of fortune. Certainly I should have been wealthier had I remained in 
 that private condition which renders it lawful and even laudable to use proper means 
 to get it. However, my public career is now closing, and I will go through on the 
 principles on which I have hitherto acted." 
 
 O tempore! O Mores! When elected to :'ie Senate in 1901, in your speech of 
 acceptance you said: "Unless we can soon save from the powerful and vicious in- 
 fluence that now dominates it, we will soon hav; no Republic to administer." As 
 you said then, so I say now. In the same :peech you said : "The influence of the 
 Public servant who betrays the honor or the interest of his people, will outlive his 
 generation." As you said then, so I say now. 
 
 THE BODY OF THE LETTER. 
 
 That you are. Senator Bailey, a distinguished man, no one will deny; that you 
 are an able man all must agree; that you are a great man, I do not believe. True 
 greatness is borr of patriotism, baptised in libations poured out at freedom's sacred 
 shrine; the music which charms her ear is not the jingle of the corporation coin, but 
 dulcet tones which fall from the oracular lips of the Goddess of Liberty. _ You have 
 wonderful mental resources, admirable tenacity of purpose and splendid gifts of 
 oratory, and these are in my judgment the sources of your power; but no seraphim 
 has ever seared your lips with a live coal fresh from the altar of the hearts of the 
 people of Texas. 
 
 ON WHAT bailey's FAME RESTS. 
 
 Your distinction is founded upon two things: Your race for the Senate on an 
 "anti-expansion" platform and, second, "anti-injunction" amendment to the rate bill. 
 Without under-estimating your fight in each instance, I will say that in each case it 
 was predicted upon thoughts and ideas not original with you. As to "anti-expansion," 
 I will say that as far back as February, 1893, I saw the tendency of the times and in 
 order to anticipate the dangers, on the first day that the news of the revolution of 
 Hawaii, came on the proposition to annex that country to the United States, I intro- 
 duced in the House of Representatives an "anti-expansion resolution." (Journal 
 Twenty-Third Legislature, page 215). This resolution was unceremoniously tabled, 
 the only vote for it being the vote of its author. It lay on the table from 1893 until 
 igoo when you took it from the table and made it in effect your "anti-expansion 
 platform," upon which you achieved your memorable success in the defeat of Hon. 
 Horace Chilton, and this anti-expansion resolution in effect finally found lodgment 
 in a plank in the National platform of the Democratic party. I was not offended 
 at you for your action herein, but rather so elated on your stand in favor of the prin- 
 ciples for which I contended that I announced for the House and was the successful 
 candidate of those who ran, having been the only one of five in the race in favor of 
 Bailey. 
 
 bailey's ANTI-INJUNCTION AMENDMENT. 
 
 Your anti-injunction amendment to the rate bill, like your anti-expansion fight, 
 involved no original thouglit. William Jennings Bryan and others had long stood 
 out against "government by injunction," and in 1901, I, as a member of the House, 
 
The Political Life-Story of a Fallen Idol 815 
 
 sent up and had adopted an "anti-injunction" clause to the school land la\y. (See 
 School law of 1901, last clause of Sec. 5.) This amendment had for its object the 
 prevention of oppression of settlers on school land in the far West, and succeeded 
 admirably in its purpose and was to all intents and purposes a similar amendment 
 to that which you tried to put on the rate bill and was unable to accomplish. I have 
 always thought your amendment was a good one, but since it has come out about your 
 securing $156,000 at one time through Mr. Pierce for stock speculation purposes, 
 and that you have seen checks on his desk a week at a time awaiting his signature, I 
 have had some curiosity to know if you were "in the market" at the time that speech 
 was made, and, if so, whether or not you were a "bull" or a "bear." 
 
 WHAT HAS BAILEY DONE FOR HUMANITY? 
 
 Since you have announced a number of dates to speak in my district I shall ask 
 you to tell the people what you have done for Texas since you have been in the 
 Senate. I ask you to point to a clause in any law that you put there which had for 
 its object the lessening of the burdens of the taxpayers, or the relief of the citizens 
 from the oppression of the Federal Government. I defy you to show any statute so 
 passed, at your instance, for the betterment of the condition of mankind. It is true 
 that you have helped the Kirby Lumber Company (in which you are now a stock- 
 holder) out of its difficulty and also helped a number of large stockmen in the Indian 
 Territory and New Mexico in "holding down" their large ranch properties, and you 
 have also made a number of splendid speeches, but what law have you put on the 
 statute that will last as a monument to your memory, when your speeches have been 
 forgotten ? 
 
 BAILEY GIVES CORPORATIONS THE BENEFIT OF A DOUBT. 
 
 I charge that you have not only failed to pass any act of a remedial nature, but 
 you have in each instance stood as a foe of practical reform. You opposed the Panama 
 Canal, because the manner of its acquisition was offensive to your sense of political 
 ethics. And I charge that your vote in reference thereto was in connection with 
 the will of those railroad interests which opposed the bill. You opposed the pure 
 food law on the ground that it interfered with the "rights of States," and your 
 vote in this instance was in harmony with the wish of the packers and the trusts who 
 cared nothing for the sickness and death being caused by the nefarious practices which 
 the pure food law was aimed to prevent. You favored the Aldrich bill, though 
 you were the only Southern Senator who supported this iniquitous measure, which 
 had for its object the placing of millions of dollars of the people's money in the 
 hands of the banks at i>2 per cent, interest. In your speech in the Senate on the 
 bill you even objected to any interest being charged, and wanted that provision stricken 
 from the bill. If the fact that Senator Chilton subscribed for himself weekly papers 
 over Texas and this constituted a species of small bribery, according to your state- 
 ment, I ask you what would you denominate it if you had succeeded in relieving Na- 
 tional banks entirely from the payment of interest under the Aldrich bill, as you 
 said ought to have been done. If you meant this money to be circulated, why was it not 
 applied to the payment of the National debt? Was it because your associ.ition with 
 all the "interests" had convinced you that such an amendment would cripple your 
 influence with them? 
 
 Your decision that the Waters-Pierce Oil Company was not a trust is in line 
 with all your conduct in the other instances above cited, and can only be explained 
 by your own statement before the investigation committee that "Pierce convinced you 
 that it was not a trust." The highest courts have held othcrivise, despite your crib- 
 bling to the contrary. At the time Pierce made his statement to you that convinced 
 you the oil company was not a trust he was known to be a fugitive from justice, under 
 indictment in Texas and the head of an outlawed corporation, as well as a party at 
 interest. You heard his testimony and received his money at the same time. His 
 word was at a discount and his money alone at par. I will not attempt to say by 
 which you were influenced in your decision which is resulting in the greatest wrong 
 ever perpetrated on the people of Texas. 
 
816 Senator J. W. Bailey of Texas Unmasked 
 
 When you read this you will doubtless say that when you made your race for 
 the Senate against Chilton you had never heard of an "anti-expansion" resolution, and 
 that when you offered your noted "anti-injunction" clause to the rate bill you had never 
 heard of my "anti-injunction" clause to the school land law. For the sake of argu- 
 ment, I am willing to grant it, and that you did not keep posted as to the routine 
 of the Texas Legislature, but who kept you posted as to the McFall, Paulus and. 
 Grinnan bills, which had for their object the protection of the State's interests in 
 these Waters-Fierce Oil cases? How was it that you borrowed $8,000 from Pierce 
 at the very time these bills were pending and left Washington hurriedly for Texas, 
 just in time to prevent the passage of these bills by the Legislature? 
 
 In the Twenty-Third Legislature I was the author of the bill creating the Live 
 Stock Sanitary Commission of Texas. In the Twentj'-Seventh Legislature, of the 
 school land law, under which millions of acres of land have been sold to actual set- 
 tlers; in the Twenty-Ninth Legislature, of the depository law, which forces the banks 
 to pay interest on the money of the people they had theretofore used for nothing. 
 Besides this, I have been the author of various other laws of more or less importance. 
 When you go through my district in your "march to the Gulf," I ask you to com- 
 pare this legislative record with yours and show the people wherein I have been de- 
 ficient as their faithful representative, and for what particular bill before named they 
 should condemn me. If I have not procured more beneficial legislation from the 
 Legislature of Texas during the three terms which I have been a member of it for 
 my district than you have for the State of Texas during the fifteen years you have 
 been in the Federal Congress, I ask not to be returned to the Senate. 
 
 Respectfully, 
 
 A. S. Hawkins. 
 
 A DEADLY PARALLEL, SHOWING DEALS AND DATES. 
 
 Deadly Parallel Between the Dangers of "My Dear Pierce" and His Loans to a 
 Texas Senator — A Medal for the Credulous. 
 
 (By Hon. A. W. Terrell, Ex-Minister to Turkey). 
 
 1. On the very day when the mandate of the supreme court of the United States 
 was filed here in Austin, which declared that the Waters-Pierce Oil Company was a 
 trust, Mr. Bailey, whom Pierce knew would soon be a United States Senator, bor- 
 rowed (?) from Pierce $3,300. (See mandate on file in the capital and date of 
 Bailey's note, April 25, 1900). 
 
 2. Mr. Bailey was a stranger to Pierce. Chilton was no longer a candidate — 
 Bailey would soon be a United States senator and then he would be valuable to "the 
 interests." Pierce wanted influence — Bailey wanted money. Then and there Bailey 
 said to Pierce: "If you will convice me (me, Joe Bailey), that your company is 
 not a trust and will agree to come to Texas and take an oath to obey the laws, I 
 (I, Joe Bailey), will undertake to say that you will have no trouble with the officers 
 of the state. 
 
 (Sworn statement of Bailey on January 20, 1901, House Journal, page 146). 
 
 Mr. Bailey and Pierce were next seen together at Austin in the very capital 
 where the mandate of the supreme court was on file and which decided that the Waters- 
 Pierce Oil Company was a trust. Henry had already warned Bailey that he was 
 satisfied and could prove that the Standard Oil Company was interested in the 
 Waters-Pierce Oil Company. (See testimony before investigating committee). 
 
 Now, what persuasive influence did Mr. Pierce use to convince Joseph Bailey 
 that the supreme court of the United States was mistaken? This inquiry is inter- 
 esting. Mr. Bailey was convinced that Pierce was all right, and the supreme court of 
 the United States was wrong, for he advised Pierce how he could still do business 
 in Texas. Pierce followed his advice, and that oil company has been plundering our 
 people for six years with a robber trust that has paid between 600 per cent, and 700 
 per cent, on its stock every year. 
 
 3. On the very day (March i, 1901), when Senator Paulus introduced in the 
 
The Political Life-Story of a Fallen Idol 817 
 
 senate the McFall bill to cancel the permit of the Waters-Pierce Oil Company, it 
 being the very day when the house committee recommended that the McFall bill 
 should pass, Pierce loaned Mr. Bailey $8,000 without interest. Of course Pierce 
 was alarmed. (See date of $8,000 note and Senate and House Journals of March i), 
 
 4. Mr. Bailey was sworn in as a United States senator four dajs afterwards, 
 on the 4th day of March, igoi. But, just five days after that (on March 9th), 
 and before he had got warm in his seat the Washington correspondent of the Dallas 
 News telegraphed: "Bailey leaves for Texas tomorrow." (See Dallas News). 
 
 That paper on the 14th of March contained the following: "Mr. Bailey's 
 warm friends say that he is coming home to fight the Paulus and McFall bills." 
 Those bills were to cancel permit of the Waters-Pierce Oil Company to do business 
 in Texas. (See Dallas News of March 14, 1901). 
 
 5. The Dallas News of March 14th, 1901, contained the following from its 
 Austin correspondent: "Mr. Bailey's friends in the legislature consider the news 
 that he is on his way to Austin to help the Waters-Pierce Oil Company by fighting 
 the McFall bill, a serious political blunder. They say they will meet him on his ar- 
 rival and suggest that he go home." (See Dallas News). 
 
 6. "J. W. Bailey arrived in Austin to oppose McFall in his effort to drive the 
 Waters-Pierce Oil Company out of Texas," (See special to the News, March 14, 
 1901). 
 
 7. March 27: "McFall's bill to drive the Waters-Pierce Oil Company out 
 of Texas was called up and the house refused to make it a special order by a vote of 
 58 to 37." So it died on the speaker's table. (See House Journal of March 27). 
 
 8. March 28: "Bailey ran up to Gainesville, and so the very next day (March 
 28), after the defeat of McFall's bill, to drive a robber trust from the State, Joseph 
 W. Bailey wrote to H. C. Pierce as follows: 
 
 "Gainesville, Texas, March 28, 1901. 
 "Mr. H. C. Pierce, St. Louis, Mo. 
 
 "My Dear Pierce: Send me New York exchange for $1,750. Have it made 
 payable to my order so that it will not be necessary for you to indorse it. Send it at 
 once, I ought to have had it several days ago. 
 
 J. W. Bailey." 
 
 "Send it at once!" This was not the courteous language of a gentleman who 
 was requesting a loan. It sounds like a demand. The words "I ought to have had 
 it several days ago" are words of complaint for not getting it sooner, and why com- 
 plain? unless Pierce knew that Bailey was entitled to his money? 
 
 There is too much in this deadly parallel between the dates when Pierce wanted 
 influence and the dates when Bailey borrowed money to be accidental. 
 
 Joseph W. Bailey when first elected was a poor man — now he is rich. The 
 evidence reveals him now as the owner of storehouses and stud horses, cattle ranches 
 and blue grass farms, with large stock in the Fort Worth Record. While receiving 
 fees amounting to hundreds of thousands of dollars from public service corporations 
 without ever entering a courthouse he became the agent for railway, oil and lum- 
 ber corporations involving millions of dollars. (See evidence before investigating 
 committee). 
 
 When a United States senator gets rich by serving railway corporations, and 
 oil trusts and their interests, his money in the daily newspapers of Texas, the stream 
 of political information for the people will be poisoned at the fountain and it will 
 be a gloomy day for the people. 
 
 Though he is the champion borrower of the United States, Francis was on hand 
 (how convenient), to refund the money borrowed from Pierce just as soon as Texas 
 papers begun to suspect that something was wrong. Suspicion has now ripened into 
 conviction. The man who believes that "My Dear Pierce" would rob Bailey by re- 
 taining that money if it was ever paid to him by Francis, deserves a medal of lead. 
 
 A tie like that between Jonathan and David of old unites Bailey and Pierce — for 
 though Pierce had lied to him about the Standard oil stock no hard word of reproach 
 
818 Senator J. IV. Bailey of Texas Unmasked 
 
 from Bailey is heard in all his late canvass. We are told that Bailey went to the 
 headquarters of the Standard Oil Company (26 Broadway) and told them they ought 
 to be in the penitentiary (how dramatic) — but no complaint of "My Dear Pierce." 
 
 Mr. Bailey has been deceiving the credulous — bulldozing the timid, and hypno- 
 tising the weak, until his followers pardon all his offenses and call them by gentle 
 names. Their sweet charity would cover moral bankruptcy with a mantle of mild 
 regret. This man with his eyes wide open led back and helped to reinstate in Texas 
 a convicted octopus that has been plundering our people for the last six years to the 
 tune of a million dollars each year. (See evidence in the attorney general's oflRce). 
 
 And the disciples of Mr. Bailey call his conduct a piece of "indiscretion." Soothing 
 names can not change the moral quality of an act. 
 
 "Mr. Bailey wept." Those tears should have been shed for Smith long ago, 
 for Bailey knew six years ago that Smith swore how the Waters-Pierce people "wanted 
 to pay fabulous sums" for permission to go on under the old charter. (See House 
 Journal 1901, page 153). Smith told them that "money was no object in Texas when 
 principle was involved." (See ib). After that effort of that oil company to bribe 
 Smith from the path of duty, the influence of Joseph W. Bailey was exerted in its 
 behalf so successfully, that with the Standard Oil Company as its chief stockholder, it 
 is this day plundering the people out of "fabulaus sums." (See evidence in the attor- 
 ney general's office and Bailey's testimony in 1901). 
 
 The people are now plowing and have no time to follow the hazy monotony of 
 that investigating committee; but they will have time to know it all before the next 
 election, and they will then decide what sort of a tribe of men shall be driven "into 
 the gulf." The investigating committee are all lawyers and gentlemen, and though 
 the octopus has a handy way of securing its agents that committee should have our 
 confidence until they turn their backs on Bailey's own confessions from the stump 
 and on recent revelations. 
 
 What the legislature will do after the committee reports, we can only guess. 
 When the Italian organgrinder jerks the string, the red-shirted monkey dances. Will 
 there be that sort of obedience after the committee reports whn Mr. Bailey jerks the 
 string? I refuse to believe it, for they are all Texas gentlemen and no man can now 
 go home and shield himself behind the primary vote after all the facts are revealed 
 and exposed by the published testimony. 
 
 The standard of civic virtue will soon be elevated by the people of Texas. 
 Representative Cocke, who was once a poor young man, working his way here in 
 Austin at night (while feeding his wife and child) to secure an education in the uni- 
 versity deserves the gratitude of the people. 
 
 A. W. Terrell, Austin, Texas. 
 
 THE POLITICAL BOSS. 
 (By W. O. Davis.) 
 
 The following article by Hon. W. O. Davis of Gainesville, Texas (Senator 
 Bailey's home) is a strong and truthful indictment of Bailey in the role of the 
 "political boss." While the article is framed on an impersonal plan, those familiar 
 with the situation in Texas realize fully its application. Senator Davis formerly repre- 
 sented his senatorial district in the Texas Senate, and is highly regarded by his neigh- 
 bors as a man of character and ability. He is positive in his views and patriotic in 
 his ideals. He was of much service to the author, and consequently to the people, 
 during the investigation, for which thanks are here returned. Mr. Davis was liv- 
 ing in Gainesville long before Mr. Bailey came there and he has been far wiser than 
 most Texans in that he correctly analyzed and estimated Mr. Bailey's character from 
 the beginning, as a sham and a delusion. 
 
 Mt. Davis' article which was contributed to the public press, March i, 1907, 
 follows : 
 
 The methods of the boss are the same from New York to San Francisco. His 
 purpose is to grow rich by politics, where an honest man would grow poor. The boss 
 
The Political Life-Story of a fallen Idol 819 
 
 is usually a man of extravagant and profligate habits, addicted to poker, fast horses, 
 wine and fast women. His expenses are out of all proportions to his legitimate earn- 
 ing capacity. He has the ability to organize and possesses an influence over men hard 
 to understand. He generally has the gift of eloquence, a persuasive tongue and man- 
 netic presence. He organizes a political ring, and gathers around him a political 
 following, composed of thugs, the bullies, the pistol-toters, and some good but mis- 
 guided men. H in a city, he looks after the selection of his henchmen, as aldermen, 
 marshal and the like. H it is a state, he looks after the members of the legislature, 
 and the various state officers, especially the judges. An upright judiciary is a menace 
 to boss rule everywhere. In bossridden communities, we often see judges act as 
 chairmen of the boss' political clubs, and cheerfully do his dirty work. The boss 
 looks diligently after the selection of members of the legislature. Many good men 
 are set aside by some secret influence or manipulation they do not understand. The 
 boss has passed the word down the line. The ring is organized, but the people 
 are not organized. Occasionally men like Tilden and Folk organize the people against 
 the boss rule and earn the gratitude of their fellowmen by putting powerful but cor- 
 rupt political bosses in the penitentiary. Such efforts are fitful, while the pull of the 
 ling is steady and persistent. The majority are against corruption, but in their unor- 
 ganized condition they often can not enforce their views, when opposed by an organ- 
 ized minority. 
 
 When you look upon the legislature of a boss-ridden state, you will see there 
 many little fellows walking awayback, with their pockets bulging with railroad 
 passes, sleeping car, telegraph and express franks, and voting for every job on the 
 program, and boasting of their broad-mindedness. These men are the creatures of 
 the boss, and their broad-mindedness consists in doing his bidding, in defiance of the 
 wishes of the best people in the country. 
 
 In cities the boss receives his income chiefly from public service corporations, 
 whom he is supposed to protect in the right to loot the people. In states, he receives 
 his revenue from the oil trusts, the steel trust, the lumber trust, the beef trust, the 
 railroad trust, and other monopolies which destroy competition and put up or down 
 prices at their pleasure. One day Rockefeller gives $32,000,000 to education, and 
 the next day he puts up the price of oil to an extent sufficient to repay the amount 
 with the interest in less than six months. The boss, in his extravagance, often comes 
 high, but the price is raised to cover the expense, and the people pay for being betrayed. 
 
 A trust that pays an annual dividend of 600 per cent, can afford to be liberal 
 with the boss who hoodooes the people, and helps the trust to maintain its grip. The 
 boss always professes to love his friends and hate his enemies. By enemies, he means 
 many of the best people in the community, who are opposed to his methods. He 
 waves the party lash and threatens all with political damnation who incur his dis- 
 pleasure. He will set his henchmen to barking at their heels, should they have the 
 temerity to run for office. As taught by the boss, the test of a man's worth is his 
 fidelity to the ring. He does not object to dishonesty and lying, for it is legitimate 
 in politics, but he cannot overlook a failure to support the nominee, however, unworthy. 
 He teaches that it is legitimate to suck eggs, provided you hide the shells, conceal 
 your tracks and lie out of it. When a timid citizen contemplates the boss and his 
 henchmen, he hesitates long before incurring their displeasure. The boss at times 
 rides a high moral horse, and plays to the religious sentiment of the country. He 
 pitches his discourse upon a lofty moral and constitutional plane. AVhile he repre- 
 sents the people and the trusts, whom he has been elected to watch, he can not see 
 how Reed Smoot can represent the people and the Mormon church. We some times 
 see well-meaning but misguided preachers eulogizing the boss. Some even pray for 
 his success, and that he be given power from on high to wreak vengeance upon his 
 enemies. Among the supporters of the boss we can not overlook the many strong- 
 headed man who can not see anything improper in the methods of the trusts, and 
 who believes the opposition to the trusts, is demagogery. These men naturally fall 
 in line with the boss, and imagine the end justifies the means. We should not omit 
 the more limited numbf-.r of men who leave home and hang around the monev cen- 
 
 11-21 
 
820 Senator J. IV. Bailey of Texas Unmasked 
 
 ters, and endeavor to earn a few dollars by professing to have influence with the boss 
 and through him ability to shape legislative measures. 
 
 But after all is said, the boss is at his best at a legislative investigation, when the 
 trust magnates meet in private cars at the state capital, so that the investigation may be 
 thorough, fair and complete. No one should hold it against the boss that some of 
 his best friends went on a cruise when their evidence was most needed. In order 
 for the legislative investgation to be a success, it is necessary for the speaker to be 
 in sympathy with him. The boss must have such lawyer friends to assist him as he 
 may desire. The person who prefers the charges must not have any lawyer obnoxious 
 to the boss. The evidence must be all in before the boss is required to take the 
 stand, for otherwise how would he know what to swear to. When the boss takes 
 the stand, let him turn to his friend, the chairman, with tears in his eyes and sugar 
 in his voice, and say, "I had rather give you a horse than to sell a horse to many 
 men I know." The chairman is grateful for the compliment, and feels good to the 
 tips of his toes. 
 
 In order for the investigation to be perfectly fair, the boss should control the 
 proceedings, and have the right to open and close the same, as best suits his needs. 
 When an investigation is thus conducted, no one has a right to say it was not thor- 
 ough, searching and fearless. If the devil is to be investigated, he should be indicted 
 in hell and tried before his imps. 
 
 CONE JOHNSON ON SENATOR BAILEY. 
 Criticises "Doctrine of Hate" and Negro Education Views. 
 
 On March 23, 1907, Mr. Johnson expressed his views in the public press as 
 follows : 
 
 Hon. Cone Johnson of Tyler has long taken an active interest in public affairs, 
 and has been prominent in the councils of the democracy since he reached his majority. 
 At the last democratic convention, held in Dallas last August, he was among the 
 leaders and made the speech nominating Senator Bailey for the United States Senate 
 to succeed himself. 
 
 "Senator Bailey is revealing himself in a new and to many in a disappointing' 
 light. His speech to the legislature at the end of the investigation of the charges 
 against him was the gospel of hate. We know that he had much to excuse almost 
 any intemperate utterance. His threat of vengeance against the whole tribe of those 
 who were not willing to set the seal of their approval on all that he had done; that he 
 would swear his boys to carry on the feud, was a sentiment worthy only of the moun- 
 taineer of Kentucky. 
 
 "It was the spirit of the feudist, and was not justified by his belief that the other 
 fellow had begun the fight. It is too herculean a task. Fortunately the people are 
 too forgiving and forgetful of differences to carry on for any great length of time such 
 political warfare. The scars from the Hogg-Clark contest are scarcely to be seen. 
 We do not inherit these animosities, and no man can swear his children to them so 
 as to bind. Senator Bailey's two fine boys will probably be enthralled by the bright 
 eyes, the rosy cheeks, the splendid endowments of heart and mind of the daughter of 
 some man who opposed him, and then the feud will be off. 
 
 "This gospel of hate is all v\rong; if a man could live up to it it would sear and 
 blight all the best that is in him, and he would be the greatest sufferer from his own 
 vengeance. We do not ask the latter day politicians to forgive, nor to forget, for 
 that matter, but we do not expect them to drag a whole people into the maelstrom of 
 personal political strife and to forget all else. That is when things are wrong; that 
 is when the cause and the interests of the people suffer most — when their leaders 
 obscure the questions of real importance with their personal animosities and ambitions. 
 
 "And then Senator Bailey's Fort Worth speech was something in the nature of 
 a shock. The people in East Texas do not understand the Trinity navigation ques- 
 tion. They are not particularly, or, more properly, directly interested in it, and have 
 not made a study of it. But they had understood that all of our congressmen, indud- 
 
The Political Life-Story of a Fallen Idol 821 
 
 ing Senator Bailey, favored it. At least we had not heard of his views in opposition 
 as he now expresses them. 
 
 "His reputation for boldness and political frankness has been marked. And we 
 do not understand how it is that he has kept quiet all this time, entertaining this 
 view, while Dallas was pulling large appropriations out of the treasury to carry on 
 a work so utterly impracticable. On the other hand, it is hardly to be thought that 
 Senator Bailey's resentment towards some of the people of Dallas, or toward all of 
 them, for that matter, could have so radically changed his views on a question that 
 has been before congress so long. Is this the fruit of his gospel announced at Austin ? 
 Has he begun the work of threatened destruction? Are the rivalries, the proper 
 rivalries, of North Te.xas towns to be fanned into jealousies to be played upon for 
 sinister ends? Or is it as one of Senator Bailey's friends expressed, 'he wanted to give 
 his Dallas enemies something to talk about?' Whatever it is, it is all wrong. Our 
 public men, especially those of such power and far-reaching influence as Senator 
 Bailey, ought not to enco>irage, especially by their public utterances, the indulgence 
 of this spirit of vengeance and destruction. By the way, our people think it is up to 
 Senator Culberson to make good and to relieve Dallas from the imputation put upon 
 her. As I said, our people do not understand the question fully. They are wait- 
 ing to hear from those who know before they make up their judgments. 
 
 "But, to my mind, worse than all are the sentiments on the negro question ex- 
 pressed by the senator in his speech before the Polytechnic College at Fort Worth 
 yesterday. They are simply — well, for the want of a better word, they are next to 
 heathenish. His convictions, if correct, are a direct attack on the value of education; 
 they discount enlightenment and put a premium on ignorance. 
 
 "To say that education is not good for a negro — or any human being — is to 
 deny the value of education to any race. To say that an ignorant negro is better 
 than an educated one is to say that ignorance, with all of its train of vice, shame and 
 criminality, is better than enlightment, intelligence and the virtues which they serve 
 to produce. 
 
 "He said: 'I have no conviction more definiate than this, that the educated 
 negro can not live side by side in peace with the educated white man, and you are 
 spending the people's money to produce a race conflict.' 
 
 "If the white man cannot live in peace with the educated negro, what on earth 
 is to be said of his living side by side with the ignorant, benighted one? 
 
 "Is it the ignorant or enlightened negro that is the source of our greatest 
 trouble? Go into the court house or jail and look at the negro charged with crime. 
 Is he educated? Is he the product of negro education? Are the criminal assault 
 fiends to be found among the more intelligent class of negroes? I don't understand 
 how any observant citizen, not blinded by race prejudice, can assert that negro educa- 
 tion is an evil. If so, our whole system of popular education Is a hoax, and it is not 
 true that an enlightened citizenship is essential to good government. The senator 
 has taken only a surface view of the matter. 
 
 "The trouble with negro education is not that he has had too much, but too 
 little, especially too little or a certain kind. What we need is to give the negro more 
 moral and religious education. He needs a better groundwork and foundation in 
 morals, more industrial teaching, because intellectual education alone for the white 
 man proves just as disappointing as it does with the negro. The Thaw trial, which 
 with its shocking details daily disgusts us, is a striking evidence of this truth. The 
 three actors in that great tragedy represented inherited wealth, the stage and a certain 
 kind of art. To all of them the idea of God was an old fogy notion, and morals a 
 thing to be read about. 
 
 "What has the poor negro done that he should be the object of any other 
 passion than that of commiseration? He is here to remain — and that as a citizen. 
 Let us make of him the very best citizen which one of his race and environment can 
 make. It is foolish to say that he is to be the best citizen by remaining under the 
 black night of ignorance. I do not want to go into the race question, but sometimes 
 I have thought that the question is not so much one of race or color as an industrial 
 
822 Senator J. II'. Bailey nf Texas Unmasked 
 
 problem. It is what the negro is going to do, industrially and commercially, to direct 
 his talent and energies so thai he will become a factor in our commercial progress. 
 "The busy negro — the one with a home and with work — is not in trouble. It is 
 the idle, the roving ones, who commit crimes. 
 
 "Senator Bailey is all wrong on this question. I fear it is one of the feuds he 
 has inherited." 
 
 OUR MODERN CAESAR. 
 (By Hon. E. C. Gaines.) 
 
 Hon. E. C. Gaines of Comanche County, member of the Thirtieth House 
 of Representatives, was one of the strongest supporters of the pro-investigation forces, 
 and the most classical orator, perhaps, of the House — certainly of the younger mem- 
 bers of the House. The following brief address was made by Mr. Gaines on Feb- 
 ruary 28th, the day succeeding the evening upon which Mr. Bailey delivered the 
 bitterest tirade of his life. The remarks by Mr. Gaines were uttered as a matter of 
 personal privilege. 
 
 Mr. Speaker and Gentlemen of the House of Representatives: I believe there 
 is one sentiment common to every man here, and that is a sentiment of humiliation at 
 the conduct of the Legislature on yesterday and of protest against the still greater 
 humiliation of this body on last night. Never in the history of any free country has 
 any Legislative Assembly supinely submitted to so great an outrage. I appeal to you 
 to contemplate our condition of servitude. The House was in actual session; it had ex- 
 onerated a Senator under circumstances that were appalling, and without a protest 
 from the minority, he was invited to address the House. Setting at naught every 
 principle of decency and decorum, he took advantage of the occasion to pour upon 
 some of those whose guest he was, a stream of as bitter words as ever fell from the 
 lips of man. Having exhausted the powers of a language fertile in invective, he 
 vainly longed for words of pure hate, with which to brand a part of his audience. 
 But, sir, I knew protest would have been vain. A majority of the members had 
 agreed to again answer the lash of this modern Caesar and strain every servile muscle 
 to bear onward his triumphal chariot. I know it is incredible. Yet, why should we 
 marvel? Does not history repeat itself? Who has not read the story of Rome's 
 humiliation when Claudia told the slave to drive her chariot over the prostrate form 
 of her murdered sire, that she might witness the crowning of her usurping lord? And 
 why should not we, great patriots that we are, ride booted and spurred, over the 
 prostrate form of a debauched and outraged State? Yes, sir, we knew that protest 
 would have been vain, and yet we do protest. We sound "a protest that is also 
 prophecy." We can touch once more the key that will yet sound a charge in the 
 heart of every true man, and when the mighty chorus comes back from the people it 
 will be one in which "whirlwinds of rebellion shake the world." 
 
 A little more than five weeks ago, when a Committee had been appointed to 
 investigate him, his followers forced the Legislature to a vote before he could be 
 investigated because he said the balloting must be had on the very day. When the 
 investigation was closed, he said he must be exonerated, before the evidence could be 
 read by the House, because delay would be embarrassing to him. I admire his splendid 
 audacity. It has been to him what courage was to Ney and genius to Nepoleon. 
 But what are we? Mere puppets in a great political drama. That we dishonor our- 
 selves and disgrace our State is nothing — it is everything that we exonerate a Senator 
 whose "honor rooted in dishonor stands." 
 
 There was a time when the men who wrote law for Texas felt a chivalry — that 
 high and delicate sense of honor that deems a stain upon one's country an individual 
 disgrace — a time when they had so lately paid the price of freedom, they would have 
 scorned the dictation of any power under heaven. But we, the progeny of men who 
 consecrated San Jacinto and the Alamo, shall we tremble under the lash of a Standard 
 Oil Senator? 
 
 Inspired by his henchmen at the Capitol, men who knew not the evil they 
 did, borne along on the hot wings of malice, sent runners throughout Comanche 
 
The Political Life-Story of a fallen Idol 823 
 
 County to get names to a petition asking me to resign and in a county of nearly 
 five thousand white votes, I am informed that they obtained a little more than six 
 hundred names. Some of them are bad men, but most of them are good men who do 
 not yet know the truth. In the face of their censure, I salute them with profound 
 respect, because as long as I can trust the heart of a good man I am willing to suflFcr 
 and be patient with his reason. With the ligiit of a little time turned steadily upon 
 the facts, I do not fear the results, though his minions from abroad may dart into 
 every household to deceive and to debauch. If I desired to coin words of pure hate, I 
 could remember the charge of the light brigade, and reversing the simile liken the 
 Russian Batteries on the surrounding hills to the two hundred newspapers in Texas 
 that are against him, and the six hundred who signed the petition to the soldiers 
 charging under an order that was misunderstood. I would liken this free and un- 
 subsidized press — these that constitute the terrible artillery of the people to that 
 solid flame of shot and shell and say: 
 
 Cannons to right of them, 
 Cannons to left of them, 
 Cannons in front of them. 
 
 Into the jaws of death, 
 Into the mouth of hell, 
 Rode the six hundred. 
 
 But, sir, I have not been trained in the school of the Senator. I treasure no 
 resentment, because they mean to do no wrong, vengeance is not mine — in the hour 
 of victory, I will not repay. I believe that whatever is good in religion is good in 
 politics, because my politics is woven with the morals that make a faith. 
 
 When they threaten to drive me from the public service, I tell them theii 
 threats are vain. They can not touch the sphere I live in. They may strike terror 
 to the hearts of those, who, like themselves, have never felt that patriotic tide that 
 flowed through Wallace's undaunted heart. But, sir, politics is not my trade. I 
 neither care for office nor chase the vanities of place or power. I am one of those 
 who believe that man best serves himself, who serves his country-, and forgets himself. 
 That is the sphere in which I live — a sphere in which their cloven feet have never 
 trod. Humble, as I am, and great as he is, he is still but an incident of my opposi- 
 tion. I stand not against him, but against the things that he does. He is but a 
 concrete opposition to my ideal — an ideal that declares a man's public life should 
 be as clean as his private life. I believe that a man should be afraid to do wrong 
 though backed by legions, but being right, he should fear nothing on earth but God. 
 
 It grieves me much, it ought to grieve every patroit — that some of the young 
 men — they in whose bosoms lie the potential powers of the future — should link their 
 destinies with the destiny of this man. Others may appease their consciences with 
 such fictions as the exigencies of the hour demand, but as for me, I had rather go 
 down flying the flag of defiance than to receive the purple from his polluted hand. 
 
 GAINES RAPPS ROBERTSON OF TRAVIS. 
 
 After the adjournment of the 30th Legislature of Texas, citizens of Dallas, 
 Texas, extended the Anti-Bailey members of said Legislature a banquet at the Oriental 
 Hotel, June 14th, 1907, at which there were present about 500 guests. James 
 H. Robertson, of Travis county, — he who had tried to "straddle the fence" by bring- 
 ing in a minority report of his own as a member of the whitewash committee of 1907 
 — had declined an invitation to attend this banquet. Hon. E. C. Gaines was one of 
 the speakers and paid his respects to Mr. Robertson in the following language: 
 
 I read with interest the statement of Jaines H. Robertson declining to attend 
 this banquet. It suggested to my mind a simple syllogism that ought to make a good 
 political epitaph. It is this: 
 
 'Tirst premise, James H. Robertson declines to attend this banquet. 
 
 ■'Second premise, James H. Robertson says he is retained by H. Clay Pierce. 
 
824 Senator J. IV. Bailey of Texas Unmasked 
 
 "Conclusion: 'The ox knoweth his stall and the ass his master's crib.' " 
 My friends, we do not like the doctrine of hate, we do not 'long for words that 
 writhe and hiss like a snake.' We would rather breath into the world sentences 
 that sooth like a mother's song, than words that sting like a serpent's fang. 
 
 BAILEY, "THE MOST DANGEROUS MAN IN PUBLIC LIFE." 
 Ex-Congressman J. V. Cockrell is forced to forsake Senator Bailey "as the most 
 dangerous man in public life." 
 
 During the campaign through the Fall of 1906, Mr. Bailey and his friends fre- 
 quently boasted that Ex-Senator Cockrell was a Bailey man, which at that time was 
 true. The following letter therefore to The News is very significant: 
 
 Abilene, Texas, January 12, (Dallas News, Jan. 15), 1907. — Senator Bailey and 
 his friends have been quoting me as being a supporter of the Senator. True, I served 
 with him in Congress and it is well known throughout Texas that I have been a 
 friend of Joe Bailey ever since he has been in Congress. I have considered him the 
 brightest hope of the Southern Democracy, and have expected and hoped to see him 
 the first man south of the Mason and Dixon's line to grace the Presidential chair 
 after the great Civil War. When it first began to be agitated that Joe Bailey was 
 a traitor to his party and had been untrue to the faith and confidence reposed in him 
 I told my friends that such could not be the case ; that he would be able to clear himself 
 of every imputation of guilt, if, in fact, he had not already done so. Later, when it 
 was charged that the Attorney General of Texas had in his possession documents and 
 vouchers showing that Senator Bailey had received thousands of dollars from the 
 trusts and enemies of the people, which he had been elected to aid in suppressing, I 
 again said there is a mistake about this and an investigation will show that there is 
 some fraud about the papers. A short time after this I came down in town at Abilene 
 and was told what Senator Bailey's answer to the Attorney General's questions con- 
 tained. I immediately drove home in one of the greatest humiliations of my life, 
 which was later intensified by the publication of the alleged documents by the Attor- 
 ney General. From this it appeared that not only were there evidences of his guilt 
 actually in existence, but, what was more convincing circumstance, certain evidence 
 and facts within his peculair knowledge seemed to have been suppressed for years, 
 and I have nowhere seen in this controversy where Senator Bailey and his friends 
 have cleared him of the charge that he has not acted fairly and openly with his 
 people in this matter, but has concealed important facts that he should have revealed. 
 And now, in his public speeches and through his friends in the Legislature, he ap- 
 pears to be opposing and trying to defeat a full and fair investigation of the charges 
 against him. To my mind, this clinches the evidences of his guilt beyond any hope 
 of refutation. I feel that I owe it to what name I have for integrity in my declining 
 years to say that I cannot any longer permit my friends to believe that I am sup- 
 porting a man who occupies such a position before his people. I have always been a 
 Democrat and have always voted the Democratic ticket. This is a matter that rises 
 above all ties of friendship or merely regularity of form. It is deep in principle. 
 Surely any right that he may have acquired to the office by reason of the primaries 
 could be no more binding than the terms of a contract, and it is a well settled principle 
 of laiv that concealment of important facts relating to the subject matter of a contract 
 vitiates the contract. 
 
 The situation seems to me to be most appalling. For Senator Bailey to force 
 the Democratic party to accept him with such charges against him without a full and 
 thorough investigation would be the greatest crime that any man could commit against 
 his party, and yet this seems to be what he is trying to do. If any other man in the 
 State had appeared before the people under such circumstances he would not receive 
 ten votes in the Legislature nor 10 per cent, of the votes of the people. The fact 
 that Senator Bailey has such power to compel men to support him under such cir- 
 cumstances, and the further fact that he assumes a willingness to undertake to do it, 
 shows, to my mind, that he is the most dangerous man in public life. 
 
 Respectfully, 
 
 J. V. Cockrell. 
 
The Political Life-Story of a Fallen Idol 825 
 
 CHAPTER XL. 
 
 DUNCAN'S SPEECH TO THE THIRTIETH LEGISLATURE. 
 
 (Judge John M. Duncan.) 
 
 Duncan's Great Speech to the 30th Legislature. Makes a Calm, Judicial Argument. 
 
 Austin, Texas, January 12, (Dallas News, January 13), 1907. — Judge John 
 M. Duncan of Tyler, long prominent in the councils of the Democracy and asso- 
 ciate and intimate of the late lamented Governor James S. Hogg, the life-time friend 
 of Governor Thomas M. Campbell, held the House of Representatives in rapt 
 attention for nearly four hours in support of the Duncan resolutions, calling for 
 a thorough and complete investigation of the charges made through the public prints 
 and on the stump in Texas against Mr. Bailey, as well as those made by Mr. Bailey 
 and his partisans against Attorney General Davidson. 
 
 Grown gray in the service of his party, famous as an orator and a scholar, 
 genial and gentle in manner, clear and searching in thought and language. Judge 
 Duncan's masterful address was listened to with rapt attention not only by the 
 assembled House and visiting Senators, but by the galleries as well. 
 
 After a few prefatory remarks, including brief references to three proposed 
 amendments, the first authorizing the House Committee of Investigation to sit alone 
 should the Senate fail to provide a like committee; the second providing that the 
 Committee might sit in the cities of Saint Louis, or New York, or elsewhere ; and 
 the third having reference to the expenses of the committee, Judge Duncan pro- 
 ceeded in the following language: 
 
 INVESTIGATION OR NO INVESTIGATION. 
 
 "Gentlemen of the House, without apologies or preliminaries I wish to state 
 that if there be those of us who have expected that in this discussion on our part 
 there would be any tinge of bitterness, vituperation or sharp criticism of anybody 
 connected with it they are to be disappointed, agreebly or otherwise. We recognize 
 that so far as this discussion is concerned the sole question is as to whether there 
 is to be an investigation of charges which are alleged to exist against the parties 
 named in the resolution, and no man in this House, we, no more than you, is pre- 
 pared to prejudice or pass upon what shall be or may be brought up by a judicial 
 or judicious, fair, thorough investigation, as to the verity of the charges alleged 
 to exist in the public prints and made in public addresses. Now is not the time, if 
 that time ever comes, and in my heart I trust it will never come, to indulge in any 
 other than a logical, plain statement of the issue involved, so far as I am concerned, 
 and I think I can speak for my coadjutors in this debate. The needle of my remarks 
 will point steadily to the pole of investigation or no investigation. 
 
 "I see in the public prints a statement that I had been selected to lead the 
 fight against Mr. Bailey. I desire now to set at rest that error. I am leading, and 
 have been leading, no fight against Mr. Bailey nor against Mr. Davidson. There 
 is no fight. The term does not belong to the proceedings. If it were a fight, it is 
 not a fight against Mr. Bailey. Upon the hypothesis that Mr. Bailey is innocent, 
 I am leading the fight for Mr. Bailey. (Applause.) 
 
 "Upon the hypothesis that Mr. Bailey is innocent, I say to you you are lead- 
 ing the fight against him. (Applause.) Upon the hypothesis that Bailey is guilty, 
 and that this investigation will show his guilt, only am I leading the fight against 
 Mr. Bailey 
 
 "Strange condition! strange logic! 
 
 Oh Judgment thou art fled to brutish beasts 
 
 And men have lost their reason. 
 
826 Senator J. IV. Bailey of Texas Unmasked 
 
 "That it should be said that those who would make an investigation as broad as 
 truth, as deep as truth, are fighting a man, fighting him! What is the quotation, 
 'He who hath his quarrel just is doubly armed, and he but naked, though locked up 
 in steel, whose conscience with injustice is corrupted.' 
 
 "VVe claim that our consciences are not corrupted by injustice, but that we are 
 inspired by a desire, judicially, calmly, inexorably, to go to the bottom of this matter, 
 place the evidence before ourselves and before the country and then by the justice 
 of God, to do justice. (Applause.) 
 
 And I want to say to you here and now that if the investigation, to which 
 no bars are offered, in which no demurrers are sprung, in which the parties involved 
 come to the bar and say 'search me as the Great One searcheth all human hearts, as 
 far as human mind may search,' then I won't ask that it be placed beyond a peradven- 
 ture that there is no guilt; but if they can give me a reason which will appeal to any 
 sane man upon which I can ground a vote for Mr. Bailey, no friend of his will re- 
 joice more than will I. I am not fighting him. 
 
 ASKS FOR A PRECEDENT. 
 
 "It SO happens that in this discussion we are in possession of the line of the 
 defense. Can any of you tell me of a precedent where a consciously innocent man, 
 holding official station, when the winds of public rumor, founded upon charges 
 from tongue, by pen and through the press, involving his integrity and his official 
 conduct, has even lemained silent upon the subject of an investigation, but who 
 has not come forward and demanded it and asked that no limitations be set upon it? 
 Nay, more, many under these circumstances, afterwards found by a committee or 
 an investigating tribunal, upon the evidence to be guilty, have come forward and 
 demanded a full and fair investigation and cast their hope of acquittal upon the 
 proceedings of the committee and the reports therefrom, minority or majority; but 
 it has remained for this State to afford to the world the spectacle of the existence 
 of such charges when one of the parties involved has not come and said : 
 
 " 'Here I am; investigate me; I will help you; I will go on the stand; examine 
 me; bring all the evidence in here.' 
 
 "I say it is a reflection upon the fairness and honesty of the Legislature not 
 to have done so; to come forth for it by the step of innocence. Really it is a reflec- 
 tion upon the Legislature seeking to make the investigation to come in and say — 
 w4iat — I do not propose to analyze it now, but if my voice holds I will later on — 
 appoint a committee! Yes. Send it down nowhere to sit! Yet, and if anybody 
 happens to be passing along the hall and wants to drop in and say anything about 
 me you just let me know it. (Laughter.) And if he has any charges to make, 
 don't let him say 'whereas it has been charged,' but put him upon his oath, even 
 if he happens to he a member of the Legislature already upon oath and make him 
 subscribe to the charge that I am guilty both in act and in intent — then maybe I 
 will come around and tend to him some way or attend to the case. Limit its powers 
 so that there will be no danger of going into anything — well, I will not put it that 
 strong, but so that there will be no danger of going into any dangerous place. 
 (Applause.) 
 
 "I will tell you how I feel about that and I don't believe that I am departing 
 from human reason and logic, but if I had lost some property and I was around 
 looking for it, and I suspected that it was in man's house, and I went to ask him 
 to admit me to his house to look for it, and he said, 'Why, yes, certainly,' takes me 
 in and shows me around the parlor and I say, 'I want to look for some property 
 I have lost ;' 'all right.' I look around the parlor. I find nothing around the piano 
 or under the sofa, and he shows me into another room and I look around there, 
 open some trunks, look under the bed, find nothing. He takes me into the kitchen 
 and dining room in the same way, willingly. He says: 
 
 " 'That's all.' IJut I say, 'Here's a door to another room,' and he takes me by 
 the nape of the neck and kicks me out of the door and says, 'I tell you, it is not in 
 there.' (Prolonged applause from the nicmhi-rs, finally swelling into cheers.) 
 
The Political Life-Story of a Fallen Idol 227 
 
 "He says: 'Haven't you got my word for it that it ain't in there? You pro- 
 pose to question my honor?' 'Yes; I really want to look in there worse than I did 
 before.' 'Well,' he says, 'you can't do it,' and he takes me and clubs me. (Cheers 
 and laughter from the members.) 
 
 LIKE Lincoln's rat hole. 
 
 "Then he clubs me into insensibility. Wouldn't all reasonable men think that 
 that room was like Lincoln's rat hole — worth looking into? (Laughter and ap- 
 plause.) 
 
 "I object to this Legislature being clubbed into insensibility. (Renewed ap- 
 plause.) I am in favor of its protecting itself and shoving aside these captious, tech- 
 nical demurrers, and objections, and going into the room or rooms and if it finds 
 nothing, then I am in favor of giving Mr. Bailey the cleanest bill of health that 
 was ever issued by a legislative body in the world. (Applause.) But — well you 
 may make a dash there. (Laughter.) 
 
 "What are the conditions which make the question of investigation so grave? 
 Briefly, they are these: Of all the dangerous crises that have confronted this Re- 
 public today is that involved in the encroachments growing in geometrical progres- 
 sion of the money power in the United States — unparalleled not only in the history 
 of all the world at the present day, but unparallel in the annals of all history. John 
 D. Rockefeller could buy old Croesus and have enough left to buy every purchase- 
 able Congressman, official, legislator, ofificer and to build all the colleges requisite 
 for the education of the American youth in the splendid tenets of Standard Oil 
 philosophy. (Applause.) 
 
 "Where is the power in this Government of the money monster lodged? 
 Where? The Senate was originally intended as a check upon the hasty and ill- 
 considered action of the House, but now it has been proven to be a check upon 
 any sort of action by the people. (Applause.) 
 
 "Where is the lair of that monster? Born in Wall street, of the tarif? and of 
 special privilege, it migrates with the meetings of Congress to that millionaires' club 
 called 'the Senate of the United States,' and there it awaits as the devourer of the 
 substance of the people. 
 
 "What is the Senate? The Senate Is made up, upon common knowledge, of 
 groups that are no longer denominated Senators of the United States, except for pur- 
 poses of recognition individually. They are divided into groups and the name of 
 every group suggests the lordship of the money aristocrat and autocrat in this coun- 
 tn,' and suggests the deeper and deeper degradation of the common people in sub- 
 mission and — don't forget the word — subserviency to its lordship. 
 
 "There is the Harriman group — need I tell you that that means Southern 
 Pacific and all these interminable, intermingled and complex properties of the South- 
 ern Pacific? 
 
 "There is the Copper group, represented by that delectable, corrupt, infamous 
 Democrat — if that be treason, make the most of it — Clark of Montana. How 
 many of you have read 'The Story of Montana' in Everybody's or McClure's, I 
 don't know which; I only remember the story? If you have read it you cannot 
 forget it. The prince, not smart enough to be a Michaevelli, but corrupt and mean 
 and detestable enough to boldly go into the Legislature against him and barter his 
 money for votes. 
 
 "One fellow didn't know how it happened. He never could understand the 
 coincidence, but was bound to admit the coincidence. 
 
 MONEY OVER THE TRANSOM. 
 
 "He said that >ear he was a poor man. He didn't have much. But some 
 good angel came along one night through the corridor of his fiotel, and tossed $6,000 
 over the transom, and he wasn't in favor of letting the chambermaid sweep it out, 
 even if it was filthy lucre. (Applause.) 
 
 "And so he didn't know what else to do with it, and he picked it up and put 
 
828 Senator J. W. Bailey of Texas Unmasked 
 
 it in his pocket. He didn't ask who lost it, because he supposed that the man who 
 lost it and ail his family were dead, or he would come after it. But he deposited 
 it in a bank, and in his own name. 
 
 "Another fellow had a sawmill, worth, as the proof shows before the Senate 
 committee, and as I believe before the Supreme Court, on a motion to disbar one of 
 his lieutenants — worth about $2,000. But sawmills went up when the Montana 
 Legislature convened. This man had been against Clark, but his sawmill began 
 to rise in value. It was a dismantled, old concern, and only valuable as a scrap- 
 heap piece of machinery. But it began to rise in value until one morning the market 
 got so high, and had been so strongly bulled, that he was offered $25,000 for the 
 sawmill, and he took it, and sold out to a partner — I believe it was Clark's brother- 
 in-law. (Laughter.) 
 
 "He had to go a good ways for the money, and but coincidentally with the sale 
 of the sawmill — of course, he didn't vote for Clark because he sold his sawmill, but 
 he got so much for it that it placed him in the ranks of the money kings, and he felt 
 compelled to support one of his fellows, and he voted for Clark. (Laughter.) 
 
 "Take the story from beginning to end, reeking with corruption proved upon 
 the oaths of witnesses, undenied — why, they went to the minister, whose charge was 
 to administer consolation in sickness, advice in health, and to address invocation to 
 God for blessings upon legislators, and all the world, and got him almost uncon- 
 sciously to throw his sacred weight into the balance to secure votes for Clark. They 
 went to the family physician of a member. They had the temerity, as they will have 
 in this country if our course doesn't change, to approach Judges of the Supreme 
 Court of Montana for purposes of corruption. Plainly, not veiled, not secret, 
 but plainly stated. 
 
 "Yet they tell us in Texas that if Clark only had the nomination the Mon- 
 tana people should nevertheless have voted for him. Democrats — that notwith- 
 standing however much his mantle may have been besmirched, however plain his con- 
 fession, however credible and indisputable the evidence, that if nominated — and 
 after a while I will come to the question of nominations — he should be voted for. 
 In other words, that every Democrat, with a nomination of his party, is designated 
 as its nominee for an office, believing him without stain, without ofTense, that not- 
 withstanding, after that, when a Democratic voter wakes up and finds himself 
 chained to a rotting corpse he may not burst the chains, but that he should be proud 
 of his bonds and should take that corpse and set it back in the same chair, and leave 
 it there as an offense to all his associates. (Applause.) 
 
 "Mind you, I am only saying that that's the doctrine; I am not saying nor 
 intimating that that is to be the result, but I say that that is the doctrine involved 
 in the statement that he is the nominee, and that's the end of it. 
 
 "They won't let us, although we have suspicions from the smell, examine to 
 see whether it be dead or not. (Loud laughter, followed by applause from the 
 members.) 
 
 it's a sacred joss. 
 
 "They say: 'Shut your eyes; hold your nose; stop your ears — it is a sacred joss; 
 it is the Democratic nominee. Let us all bow down and worship Baal.' How do 
 you like the doctrine? Are you prepared to make a precedent for it. The Clark 
 group, the copper group, the Harriman group. (Here Judge Duncan paused for 
 a moment, and when he proceeded again spoke very deliberatively and distinctly.) 
 
 "The' Standard Oil group — (applause) — and other groups. 
 
 "Oh, my countrymen, where is the people's group? (Applause.) 
 
 "Shall the people have a group when they are entitled to a whole? 
 
 "I will tell you where the people's group is. It is, as compared with others, 
 microscopical, but if you will look closely you will see it is there yet; but under 
 the blaze of the other groups it is melting away, and if their torches are not extm- 
 guished the time will come, not far away in the history of this country, when the 
 people will not have even a group in the United States Senate. And if that group 
 
The Political Life-Story of a Fallen Idol 829 
 
 — if that group — melts away, there will begin, as there has already begun — to be 
 guilty of tautology — an aristocracy of wealth and power that will continue to grow 
 until by and by, in addition to the special privileges to which they owe their origin, 
 they will begin to claim aristocracy by blood. Why indeed as my friend, Ed 
 Kellie, used to say, in all my military experience I never saw such a widespread fad 
 in this country as today of the hunting up of genealogies and coats of arms running 
 back to England, Ireland and Scotland, and no aristocrat today is worthy to be 
 received in the circle in which he moves unless he can show himself by Burke's 
 or some other peerage to be entitled to a coat of arms upon his carriage door. It 
 reminds me of — I believe it was of Sidney Smith's anecdotes — the tobacconist who 
 had grown immensely wealthy, and he, too, felt that it was time for him to join 
 the ranks of the aristocracy, and he went to a genealogy doctor to hunt up his 
 ancestry. The fellow could not hunt up anything in particular, but said he could 
 fix him a coat of arms and give him a motto, and, as he was a dealer in tobacco 
 he got him up a coat of arms to place upon his carriage door, upon the door of his 
 house, and in the middle was the motto, 'Quid Rites.' 
 
 "Now, Imboden, you know what that is. It means 'Who Laughs.' (Laughter.) 
 
 "The question whether this State of Texas — now I am not going to grow 
 grandiloquent over the glories and prosperity and honesty and integrity and honor 
 of the private citizen and the general public of the State of Texas — but the question 
 is whether Texas is prepared to enter upon a course — this is as strong as I put it — 
 of refusing to investigate a Senator of the United States and an Attorney General in 
 order to either condemn or vindicate their names from the charges urged against them? 
 Will it align itself with New York, the Empire State; with Pennsylvania, the Key- 
 stone State; with California, the Huntington State; with Montana, the Clark State, 
 and with Colorado, the Guggenheim State? 
 
 "Did you know Guggenheim \\'as elected? (Laughter.) 
 
 "Guggonheif! think of it — Googenheim — Googenheim — Guggenheim — I will 
 have to send on for the pronunciation. Why ? Why ? Because he is a man of 
 ability? No. Because he is a man of proven integrity? No, avowedly no. But 
 because he happened to be the copper king and had the money to buy the office, and 
 bought it. Did you see the interview with him in Ridgeway's? If you haven't seen 
 the interview with Guggenheim in Ridgeway's I ask you to go and read it and tell 
 me — I hope you will excuse the expression — 'Whither are we tending?' He declared 
 openly that the office ought to go to the man who is able to pay for it; that he put 
 up — how much? Can you newspaper men tell me? I have forgotten, but I never 
 can remember big figures. I can't apprehend or comprehend over $5,000. (Laugh- 
 ter.) When they get up into the hundreds of thousands, why, I quit thinking about 
 it, because I just can't realize it. They tell me they are big men, and that's the way 
 they estimate the size of them — big men, worth a hundred million dollars, and that 
 there are still bigger men that are worth a billion. 
 
 LIKE THE IRISH POKER PLAYER. 
 
 "I am something like Pat was when he was betting with his partner in a box 
 car on a single-handed poker game, and they were betting 'windies.' That's what 
 they told me they were; I don't know what that is. (Immoderate laughter from all 
 over the house.) The man told me that they were betting 'windies' and he said 
 that a hand was dealt, and Mike looked at it and said: 'I will bet $1,000.' Pat 
 looked at his hand and said: 'I will bet you $2,000,' and the other fellow looked 
 over his hand again, which they say is a habit (laughter), and said: 'I'll bet you 
 $450,000.' The other fellow looked back at him and said: 'I'll bet you $100,000.' 
 Then the other one said: 'I will raise you $1,000,000.' 'I'll raise you a $1,000,000,- 
 000,000 was the reply. 'I'll raise you a trillion.' 'I raise you a quadrillion,' and then 
 Pat stopped and looked at him awhile, and said: 'I'll bet you — I'll bet you — Ah, take 
 the pot, you educated scoundrel.' (Laughter.) 
 
 "Whenever they get over a million dollars, I just let them take the pot. 
 
 "But all these things are as plain as though written on these walls, that the 
 
830 Senator J. IV. Bailey of Texas Unmasked 
 
 danger that confronts our Republic today and the integrity of our institutions is 
 more subtle, more to be feared, than ever an army of red coats were. Nay, more to 
 be feared as a menace to the perpetuity of our Republic than was the collision m Civil 
 War in which a million of men shed their blood and gave away their lives. 
 
 "Those who observe the signs of the times say: 'Well, I know that fellow. He is 
 a pretty good fellow; he is a fine fellow. I don't care about his connections. He is 
 a pleasant fellow. Let's tolerate him. Let's tolerate the things for which he stands.' 
 
 REPUBLIC IS YOUNG. 
 
 "The sapping and the mining is going on all the time. The Republic, a govern- 
 ment of the people, founded upon the idea that power and authority proceed from 
 below, and not from above, is young in the world. Go back through the history of 
 all Nations, no matter how long nor how short their lives, and you will find that even 
 150 years does not cover the youth, the callow youth we might say, of a great Na- 
 tion ; but the things which finally corrupt and destroy them, and things which finally 
 cause their dissolution and fail, are those things that take their root unobserved and 
 unprovided for during the youth of the Nation's principles — false doctrines — and 
 with Nations as with individuals, there is a tide, said the immortal bard, in the affairs 
 of man which, when taken at the flood, leads on to fortune; omitted life's voyage is 
 bound in shallows and in miseries. 
 
 "Go back and bring to your minds the crises in the history of Nations, when a 
 broadly intelligent citizenship, a wise patriotism, would have discovered the thing to 
 do, and the thing not to do, and acted upon the discrimination, the country would 
 have been saved. Then tell me, if that would have been true, if it be not the province 
 of patriots and of statesmen to recognize the hour when the flood tide is up, recognize 
 the hour of its imminency, and take it at the flood and lead on to establish the for- 
 tunes of the Republic — not omit it that the life voyage of the Nation should be bound 
 hereafter in shallows and misery. 
 
 "Gentlemen, members of the House, gentlemen in the lobby, gentlemen in the 
 city, at the hotels, upon the railway trains may talk to me in regard to my duties 
 as a legislator and I will hear them. 
 
 "They may seek, by personal considerations, by appealing to my sentimentality, 
 my sympathy, to influence me upon questions before or to be brought before this body; 
 but they must recognize that I came to the bar of this House and took an oath, that 
 I bear a commission, which they do not bear, to represent my people, and that when 
 all is said, they cannot possibly look at this question from my standpoint. And men 
 will often advise an officer in regard to his official duties without due consideration 
 as to what they would really do if they were in that ofncial's place. It is my duty 
 to recognize my official station and not my personal inclinations. I have tried and 
 shall try to do it. Go, helping me, without fear of results. I am kind of like a Jap; 
 I am kind of like a Moslem; I rather think that the most glorious death, that which 
 must come to us all, that a man can have or meet is that which he meets in the line 
 of conscientious duty. (Applause.) God will not ask him whether what he did 
 was right. God will ask him: 'Son, did you conscientiously believe it was right?' 
 And if God can look into his heart and get the answer, he will say: 'Come into my 
 kingdom, and take a seat on any throne; that is all that I could expect of that Great 
 Teacher whom I created and sent into the world.' 
 
 "But to the man, who knowing his duty, who believing in his heart as to what 
 his duty is, and from considerations which should have no force upon considerations 
 
 I -^vill not say that — but upon considerations which should have no force, violates 
 
 his confidence, I believe that he is in danger of having it said: 'Depart from me, ye 
 workers of iniquity — ' What is the balance of that quotation, Ed (addressing Ed. 
 B. Willis, assistant sergeant at arms, who answered, "I never knew ye.") I knew 
 our sergeant at arms was up on it. (Laughter.) 'Depart from me! I never knew ye.' 
 "What man can rise in his place and say, 'You are wrong?' What man can 
 rise in his place or say in his heart here today, that these are not the rules which we 
 should apply?" 
 
The rolitical Ufc-Story of a I'allcn Idol 831 
 
 READS A TELEGRAM. 
 
 Judge Duncan was here lianded a telegram by a messenger boy. 
 
 He asked the House to pardon him for a moment, saying the message might be 
 important. Glancing at the yellow paper for a moment, he turned to the House 
 and read the following: , . ~ -..r /^ i 
 
 "VVaxahachie, Tex., Jan. 12. — Hon. J. M. Duncan, Austin, lex.: We firmly 
 believe that a large majority of the voters join in approving your course. James S. 
 Davis, J. W. Singleton, O. K. Dunlap." 
 
 Resuming his address, Judge Duncan, said: 
 
 "That message comes from three men, none of whom I know or ever heard 
 of before. (Cheers.) I haven't received a telegram since I have been here from any- 
 body saying they dc not approve my course. (Renewed cheering.) Nor have I re- 
 ceived a letter nor :; postal card to that effect." 
 
 Judge Duncan held aloft a copy of his resolution. 
 
 "What have we here?" he asked. "Anything that even a captious man could 
 object to?" 
 
 Then he stopped, and turning towards the Speaker he said: 
 
 "Mr. Speaker: I never know whether I am in order, and I always have to ask 
 the Chair, but if it is in order, as I am very warm, and it is 12:20, might I move a 
 recess until 2 o'clock?" 
 
 Thereupon the House recessed until 2 o'clock. 
 
 AFTERNOON SESSION. 
 
 When the House resumed its session this afternoon at 2 o'clock Judge Duncan 
 again took the floor. He said: 
 
 "Mr. Speaker and Gentlemen of the House: If you desire to hear me, I request 
 of you your undivided attention. If you do not desire to hear me, then you have my 
 permission to talk among yourselves or to anybody. But if you really desire to hear 
 me I shall be flattered. 
 
 "The next question which I think proper to take up in the course of this debate 
 is how far are we bound by what is termed a 'nomination.' I am aware that we are 
 treading on perilous ground — ground which is represented to us to be perilous and 
 which our opponents are making to smoke before us to indicate that the crater is fur- 
 ther on in that direction. I am not scared and briefly I will tell you why. 
 
 "I present two propositions on that subject. There has been no nomination of 
 United States Senator. Second, that if there has been a nomination we have a right 
 to ask upon what we are to determine as to whether we will recognize it as binding. 
 That is far enough to go. That is far enough upon the proposition I am discussing 
 — to investigate or not investigate. Involved in these propositions is the question as 
 to what that part of the Terrell election law contemplates, and whether or not it con- 
 templates the nomination. Is it competent for a political party to m.ake a nomination 
 which shall bind the members of a legislative body into whose untrammeled hands 
 and to whose untrammeled discussion is committed by the Constitution the election 
 of a United States Senator? I have with care examined section by section the election 
 law alluded to. I have asked friends of m.ine to examine it, because there is so much 
 of it that in a brief examination some portion might be overlooked, and I find that 
 those who have besides me, agreed with me in saying that the only provision which 
 might be claimed to bear upon the Senatorial question is contained in Sec. 124. Now, 
 let us see precisely what the section is. It seems to have been a sort of joker in the bill, 
 as most of the amendments begin with a 'provided that,' and it does not go at all to 
 a point. It seems to be a sort of a derelict upon the great expanse of this law." 
 
 Judge Duncan then had the clerk read the following portion of Sec. 124 of the 
 Terrell election law: 
 
 "Provided, That the legislative committee of the party for any county shall 
 print on the primary ticket the names of all persons whose names, not less than 
 thirty days prior to the day of the primary, shall be requested to be printed thereon 
 
832 Senator J. W. Bailey of Texas Unmasked 
 
 as candidates for United States Senator, and the executive committee shall forward 
 to each nominee of the party for State Senator and Representatives voted for by the 
 voters of such county, a certified statement of the vote cast in the county for each 
 such candidate." 
 
 NO LEGAL ARGUMENT. 
 
 Judge Duncan then continued: 
 
 "I am not going to make a legal argument on this section; but I merely, in pass- 
 ing, call your attention to the fact that 'provided, however,' seems to be foreign to 
 the' original purpose of the section. 1 make no point on that, however; but now let 
 us see what it leads to. 
 
 "It is the path to nowhere. It is the road that looks like it until it starts into 
 the bottom, and it goes out and you are in the woods. 
 
 " 'Provided that the executive committee of the party for any county shall print 
 on the primary ticket the names of all persons whose names, not less than thirty days 
 prior to the primaries, shall be requested to be printed thereon as candidates for 
 United States Senator. And the executive committee shall forward to each nominee 
 of the party for State Senator and Representative voted for by the voters of such 
 county, a certified statement of the votes cast in the county for each such candidate.' 
 That's all there is. Absolutely nothing else in that law touching the election of 
 United States Senator, and the only thing to do to comply with that law is for the 
 chairman of the Democratic Executive Committee to make out a statement of the 
 vote and send it to the nominees of the party for Senators and Representatives in 
 that district. If there is anything else in that law touching the election of a United 
 States Senator, I would like some gentleman to call my attention to it. 
 
 "Neither the word nominee nor its equivalent nor the synonym of it occurs in 
 connection with the words United States Senator in that paragraph. Did any of you 
 get that statement from the head of your e.xecutive committee about your vote? I 
 didn't. Now, if anybody did get it, I know the head of the Democratic Executive 
 Committee certainly forgot to send me a statement of the vote. If he did, that was 
 all that under the law could be done. Yet it is claimed that the Dallas convention 
 had the authority under that paragraph to nominate a Senator. There is too wide a 
 chasm between the return to the State Senator and Representative and the convention 
 of the State to permit the convention to claim that it draws its power from that law, 
 for in the case of every other candidate nominated under that law, there is explicit 
 provision made for all the procedure by which his nomination shall be accomplished; 
 and the laws says that when all these things are done, and when all these conditions 
 have been complied with, and when a certain condition exists, that man shall be the 
 nominee. But in the case of United States Senator, there is no such provision, which 
 leads me to conclude that if it meant any other thing than a mere joker thrown in 
 the bill, it could have meant nothing more than to advise the nominee — the nominee 
 you know, might not be elected — the nominee of the party as to the number of votes 
 received by each candidate, and was an express recognition that under the Constitution 
 each must be responsible for his own as a legislator. 
 
 CONVENTION WITHOUT AUTHORITY. 
 
 "In my humble opinion, the Dallas convention had just as much authority and 
 no more to nominate a Senator of the United States for this House — for they would 
 be taking it away from the Legislature of Texas, for nearly all are Democrats — and 
 have just as much authority to nominate and dictate who shall be the United States 
 Senator to this Legislature as it has, as it would have under the Constitution to 
 say to this House whom it should elect as chief clerk, as a reading clerk, as journal 
 clerk, as sergeant at arms, and so on down the list. 
 
 "The Constitution devolves upon this body the duty and responsibility to elect 
 its officers. Would a convention take that power away from it and when we met 
 here write a list to members of this House without opportunity to agree upon which 
 machine is a good thing when it means party integrity and organization, but the 
 
The Political Life-Story of a Fallen Idol 833 
 
 machine is a bad thing — it is a necessary evil — at times, but it is a bad thing when 
 it goes beyond party machinery and trenches upon the Constitutional power of any 
 department of this Government. As well might the Dallas convention have consid- 
 ered who should be Secretary of State and have dictated to Mr. Campbell that he 
 should appoint Jim Higginbotham to that office. The Constitution vests in him the 
 discretion and exacts from him the responsibility, to appoint a Secretary of State, a 
 Commissioner of Insurance, Agriculture, Insurance, Statistics and History — I be- 
 lieve I got clear through it that time. No, I didn't, there's banking — that's a good 
 long name. Parties cannot dictate to the departments or officers of Government in 
 their official capacity as to the exercise, as to the rights vested in them directly by 
 the Constitution. 
 
 "But they say that this is heresay — that I am a bolter — that unless they are fixed 
 to what they call a nomination, that some of us are not Democrats if we don't vote 
 for Mr. Bailey without an investigation. Others of us may not be subject to the 
 charge of not being Democrats, but it is said that we haven't got our Democracy 
 on straight? Now, it is a curious coincidence — I am glad that gentlemen have been 
 frank enough to come forward and in the open, through the newspapers, declare 
 that men who will not submit to be thus bound are traitors — they have used the 
 word 'treason' to the party, and it has been said that a man who came here and did 
 not vote would not consider Mr. Bailey the nominee and vote for him — is a man who 
 would sell his vote." 
 
 DEFEATED PARTY NOMINEE. 
 
 Judge Duncan paused for a moment, and then exclaimed, derisively: 
 
 "Coersion!" He continued: "I claim to be as good a Demcrat as sits within 
 the sound of my voice. I did twenty-eight years ago beat a Democratic nominee, and 
 it is a curious circumstances that my candidacy was predicated upon disclosures of 
 his treason to the party made after his nomination ; and in a Democratic district I was 
 elected by an overwhelming majority. I did not escape an investigation, however. 
 (Laughter.) I ran as a Democrat. I took my seat in this hall, or the hall that stood 
 in the old capitol just about over there (pointing to the east), where was the illustrious 
 Senator from Travis, who has since filled some honorable positions — the Hon. A. W. 
 Terrell. (Applause.) 
 
 "They investigated me and decided that I had not been a bolter. I had another 
 thing in view in that canvass that I never did receive the credit for that I ought to 
 among people that didn't know it. My opponent was an active preacher, and no 
 doubt he has been in the pulpit ever since, and I have no doubt but that my course 
 in that campaign has resulted in the saving of hundreds upon hundreds of souls. 
 (Applause.) It was really more of a religious controversy, anyhow. 
 
 "I came to Smith County when the clouds of Republicanism lowered upon it, 
 and the offices had been held there since the Civil War by the negroes and radicals, 
 and in 1884 I led the campaign as the nominee for County Judge, with cannon, with 
 banners and with brass bands, which redeemed Smith County forever and completely 
 from the rule of Republicanism and negroes. (Applause.) And upon that rock she 
 rests today. (Renewed applause.) There I met and loved one of the immortals. 
 I became his friend, and all through his life until the day of his death I was by his 
 side, militant in the cause of Democracy — Gov. James S. Hogg. (Applause and 
 cheers.) 
 
 "I hesitated not to go upon the stump and fight in my humble way his battles 
 when hundreds and hundreds of men who still claim to have the true brand of 
 Democracy were fighting him. (Applause.) 
 
 "I was a good enough Democrat in 1896, I thank God, to fight for W. J. Bryan. 
 (Applause and cheers.) 
 
 "And I was a good enough Democrat to be against Parker for the nomination. 
 (Renewed applause.) I was a good enough Democrat to believe that the nominee of 
 the party, the only man in that God-forsaken state who had the money and the patroit- 
 ism to fight the interests of their own ground should be voted for as the nominee of 
 the party — Mr. Hearst. (Applause.) 
 
834 Senator J. W. Bailey of Texas Unmasked 
 
 "So it cannot be claimed— and, Mr. Reporter (turning to the_ reporter of The 
 Galveston-Dallas News), if you contrive in any way to knock the I's out of all that, 
 I wish you would do it — I can't stop to do it now. (Applause.) 
 
 "I have a right, in view of the statements that have been made through the 
 public prints, to call attention to these facts and to claim that when I address you I 
 can come from the standpoint of a3 good a Democrat as any of you. 
 
 "Now let us return to our former mutton — I don't know the French. It is a 
 curious thing to me that intelligent, bright-faced— apparently intelligent, intellectual, 
 logical gentlemen upon every subject in the world, are guilty of so much distortion 
 when they come to talk about this resolution. They want somebody to make charges; 
 they v;ant somebody to be responsible for the charges; they want somebody to say there 
 is guilt. My God, isn't it the best thing in the world that could have happened to 
 him or anybody else, not to be able to pronounce that verdict just now? Isn't it a 
 favor to him — to to Davidson — not to say 'You are guilty,' now, but to give them 
 an opportunity to introduce the evidence before this House or to hear through its 
 committee all the evidence in the case? 
 
 WHO IS RESPONSIBLE? 
 
 "If I am asked 'Who is responsible for the charges?' I reply that Mr. Bailey is 
 responsible for the charges. (Applause.) All of them — for the existence of the 
 charges. If I am asked 'Who is responsible for the resolution?' I say I, with those 
 whose names are signed to it with mine are responsible for the resolution. That 
 seems to be an equitable division of the responsibility. (Laughter.) 
 
 "Did you all know I had been investigated? Well, I will tell you about it 
 before I get through. I will tell you how I felt. It is real pleasant when you are 
 innocent. (Laughter.) This resolution says only that whereas certain charges are 
 pending, certain charges had been made — now, let's see just a sample of one of these 
 charges — just a sample, not a big one — just this one." 
 
 Judge Duncan here read the charge that Mr. Bailey had been employed by 
 S. G. Bayne of the Standard Oil Company to write a charter for the Security Oil 
 Company, a subsidiary corporation of the Standard Oil Company, and then con- 
 tinued : 
 
 "Well, now, the question isn't here before this House whether that be true, but 
 the question is, if the charge has been made in the public press and addresses, or in 
 any other way. Any other attempt to make the charge would be the rankest injustice 
 to Senator Bailey, for it would require somebody to prejudge his case. Is it a fact 
 that that charge has been made? Who can deny it? And I can not refrain — (Judge 
 Duncan here paused quite a while) — yes, I will refrain. 
 
 "So, with all these charges against Mr. Davidson and against Mr. Bailey. It is 
 that such charges are extant in this country. My fellow-members, it is for me one 
 of the most astonishing situations I have ever confronted that the friends of the can- 
 didate for United States Senator, when they question, if there is any man who can 
 declare" 
 
 A messenger boy approached Judge Duncan at this juncture and handed him an 
 armful of flowers. Attached to the flowers was a card on which was inscribed in 
 a feminine hand, "Yours in the Cause of Truth. — A Woman." Judge Duncan looked 
 at the flowers and at the card, and then at the messenger boy. Then he said, "Thank 
 you, son," and resumed his speech as follows: 
 
 CHARGES THAT ARE MADE. 
 
 "And declare with an honest conscience that these charges have not been made 
 in the public prints and by public addresses. It is astonishing that notwithstanding 
 these charges have been heralded on the white wings of every great and small daily 
 and weekly throughout Texas and many throughout the Union, unsworn, merely 
 given to the public slanders, gentlemen, say, of Mr. Bailey — it is an astonishing thing 
 to me that for a United States Senatorship, or for the Presidency, or for a kingdom, 
 they are willing for these reports to eo unchallenged upon oath, and that his reputa- 
 
The Political Life-Story of a Fallen Idol 835 
 
 tlon shall remain a prey to human vultures now circling and hovering about it, when 
 by his own words, if he be innocent they can be all slain by one shaft of truth. 
 
 "Is it possible that his friends, abandoning the view that the Senatorship is an 
 honor, abandoning the view that it is a trust, abandoning the view that it is an office 
 which ought to reflect the honesty and integrity of the people of this State, are will- 
 ing that he, without an investigation, should be left to the tender mercies of his ene- 
 mies? All for the bare office of a United States Senator for six years more? Be- 
 cause in that case that's all it would mean. (Applause.) 
 
 "The resolution, the substitute — probably on logical grounds — I should not refer 
 to that now, but it so fully shows the intent and purpose of our opponents that I 
 can not resist the temptation at this point, for by it we must judge of the candor of 
 the gentlemen who offer it. When they say that Mr. Bailey is not guilty and say it 
 in advance of an investigation, in all pleasantness it seems to me that they have at last 
 appreciated the fact, recently that investigation is in the air and that it must come 
 in some form, and if it is to come in some form, we (meaning the opposition) want 
 it to come in the form desired by us, limiting its scope and crippling the tribunal by 
 which it is to be conducted by limitation. It seems that they have had some trouble 
 to get up a substitute, if the one published in the papers this morning was genuine, 
 and it follows — at least the one offered today follows — that published this morning 
 in phrasing to a large extent. But I believe I am correct when I say that the one 
 they drew and furnished to the papers was thought by somebody to be a little too 
 broad (laughter), and that somebody excised it (renewed laughter) and drew out 
 some of the things. It is, whereas, that Mr. Bailey is not guilty, and then where- 
 fore should he be investigated. (Laughter.) Read it and see if it doesn't. Mr. 
 Bailey is not guilty of the aforesaid wrongs, injuries and trespasses alleged against 
 him, and, therefore, we should proceed to give him a mild investigation ; not one that 
 will hurt Mr. Bailey, but one that will keep the people from cursing us too much 
 when we go back home. (Enthusiastic Applause.) 
 
 KALSOMINING PROCESS. 
 
 "There are three things in the kalsomining process. (Laughter.) One is the 
 agent by which it is done, the other is the instrument by which it is accomplished and 
 the last is the ingredients to be applied. The ingredients are not quite ready, but the 
 substitute — the brush — has been handed to the committee. (Laughter.) But even 
 then they have guarded against the possible failure to use it by declaring that the 
 committee shall sit in there with arms folded and wait, under the maxim, I suppose, 
 that 'all things come to him who waits.' (Laughter.) Until somebody will come in 
 and say, 'Mr. Chairman, I declare to you that Mr. Bailey has been guilty of corrup- 
 tion and I want to make an affidavit to it.' If nobody comes I understand that they 
 are without power to send, but they establish a tribunal into which all who are 
 aggrieved may come and make charges, not that charges have been made, but that 
 charges against Mr. Bailey are true before they will investigate them. 
 
 "Ah, gentlemen, that thing has been tried before. It worked once; it will never 
 work again in a Texas Legislature. (Wild cheers and a voice, 'Hurrah for Dun- 
 can.') 
 
 "They chased poor McFall with sergeants at arms and chairman of the com- 
 mittee from day to day before they would move upon an investigation that they had 
 been ordered to make to get him to file the charges. Read this letter in the Record. 
 McFall said: 
 
 " 'I made no charges; I said that charges had been made that ought to be cleared 
 up ; but I see that this committee is not going to investigate at all until some sort 
 of charges are filed and I inclose a brief statement of charges made by myself.' Be- 
 fore that time, however, Mr. McFall filed a resolution. Afterwards in order that a 
 parliamentary, I don't know what you call it, but a shuffling, substitute for McFall's 
 resolution was prepared by Mr. Garner. And a gentleman by the name of Smith, I 
 believe, from Collin County, who was a member of the Legislature, has recently 
 stated as a member of the caucus in which the charge was made that the substitute 
 
836 Senator J. W. Bailey of Texas Unmasked 
 
 was drawn by Mr. Bailey's friends and had his indorsement in which it was said 
 that Mr. McFall had made the charges, when he hadn't — when he said he hadn't — 
 lead the book and see. That was intended — I will not impugn the gentlemen's inten- 
 tions; I will say it had the effect to place Mr. McFall in a false position, and he told 
 them so bv a letter. 
 
 "In Mr. McFall's resolution there was a provision to take depositions outside 
 of the State or to take depositions; the substitute dropped it out. Let me see — let me 
 see — let me see about that Garner substitute. I have got it marked here somewhere. 
 A great light, real light, no spot light, nor colored light, but white, bright light is 
 thrown upon this whole question by a study of these proceedings in the Twenty-Sev- 
 enth Legislature. Mr. Garner offered the following substitute for the resolutions 
 the following resolution providing for the appointment of the committee of seven." 
 
 Judge Duncan read the substitute referred to from the records of the Twenty- 
 Seventh Legislature and continued: 
 
 ORIGINAL McFALL RESOLUTION. 
 
 "There is the substitute, gentlemen. Did you ever reflect that in neither the 
 original McFall resolution nor in the substitute upon which the investigation was 
 had there was never a charge that any money was ever received by Mr. Bailey in 
 connection with any of the transactions set up? It is simply stated that he had helped 
 get the Waters-Pierce Oil company readmitted into Texas and that it did not com- 
 port with his duty as a Senator. It was alleged that he tried to make a compromise 
 over here in Waco in some penalty suits and advised the District Attorney or who- 
 ever was engaged over there to make the compromise, but no corruption, no receipts 
 of money, nothing of that kind was charged. 
 
 "Now, if that be true, I wish to illustrate how there was nofear then of going 
 beyond the scope of the resolution, that Mr. Bailey voluntarily appeared before the 
 committee and stated what he declared to be the details of the Grapevine ranch Gibbs 
 Francis transaction ; that such a transaction was not named in the charges ; that he 
 knew as a matter of public notoriety that these charges existed, but that he voluntarily 
 went into them and stated them. Yet, it is claimed not that we are foreclosed from 
 returning to the original investigation ; that the verdict of that committee and of that 
 Legislature in returning him to the Senate settled all things anterior to that. Why, 
 gentlemen, gentlemen! It is charged that contemporaneously with Mr. Bailey's first 
 meeting with Mr. Pierce he was paid $3,300. The denial is that it was paid, but 
 the statement is made that it was borrowed. Does not that very circumstance throw 
 considerable light upon the nature of the transaction really had ? Wouldn't it to a 
 reasonable mind ? I only say that towards showing the necessity of going back to 
 that transaction. 
 
 "But they say, as I see in the morning paper, 'Why, Mr. Bailey says I have ad- 
 mitted — ' his friend, the gentlemen from Grayson (Wolfe) says he admitted that he 
 borrowed it from Mr. Pierce, which reminds me of the joke they used to tell on Col. 
 Herndon — how the fellow proved that the Colonel was the best lawyer in Texas. 
 Somebody said that they thought Bill Crawford was the best lawyer, another said 
 that somebody else was the best lawyer, but this gentleman was simply emphatic, and 
 said, 'I know that Col. Herndon is the best lawyer in Texas.' Well, they asked him 
 how he knew it. 'Why,' he said, 'I heard the Colonel admit it.' (Laughter.) 
 
 "We know it was borrowed, because Mr. Bailey has admitted it. That disposes 
 of the entire question. What was the nature of the transaction? We refuse to be 
 foreclosed by the statement of Mr. Bailey, but want to ask further about it as to 
 whether it was a loan or a fee or a gift. 
 
 "Now I have a theory that I think is solid in practice. I don't care what you 
 call it. And I have a right as a legislator to have the opportunity to test my theory 
 in connection with this allegation. My theory is, and I have always found it to hold 
 good, that a loan to an insolvent stranger, without security, is a gift. (Prolonged 
 applause, being the biggest demonstration of the day.) I would hate to have my 
 theory overturned without an investigation. (Cheers, laughter and applause.) There 
 
The Political Life-Story of a Fallen Idol 837 
 
 are investigations, and there are investigations. I want an investigation. They want 
 an out-investigation. 
 
 AS TO ATTORNEY GENERAL. 
 
 "By the way, who on this floor represents the cause of Attorney General David- 
 son? There are grave charges against him. Will somebody speak for him? Will 
 somebody come and say that it would be a reflection upon his character and upon his 
 office to investigate the slanders that have gone forth against him ? Why, he says he 
 wants them wiped out by a broad, thorough and complete investigation. (Applause.) 
 We are to break all precedents; we are to abdicate our reasons for it, notwithstanding 
 the interests, the most vital interests of the State are concerned — I can't help looking 
 at it that way. — to protect one man. 
 
 " 'I am the State.' 'I am the Democratic party.' 'Thou shall have no other 
 gods before me.' (Applause and laughter.) 'What I did was all right.' 'If it was 
 wrong because I have sanctioned it, I did it.' 
 
 "I don't believe it. I don't believe the party is ready to subscribe to that doctrine. 
 But then we join issue with you even on that. We would just ask you; we will say, 
 all right, we will compromise, we will agree — you say you are all right and we will 
 say we doubt it. Let us investigate and see whether you are or not ; whether you are 
 infallible. 
 
 "As I told you, I had the pleasure once in connection with some distinguished 
 men of being investigated, and I was investigated, too. In 1892 resolutions were 
 introduced in the House of the Texas Legislature whereasing certain reports were 
 current in the public press involving a receivership and all those connected with it and 
 some people who probably had not yet been discovered ; therefore a committee should 
 be appointed to investigate. I just want to refer to that for the mere purpose of show- 
 ing, first, that my views on this subject are ancient, have never changed, and that 
 all who were to be investigated took the course that I believe should be taken now, of 
 demanding at the hands of the Legislature a most complete, thorough, exhaustive in- 
 vestigation, and from the beginning to the last there wasn't a demurrer entered either 
 to the resolution or to the evidence before the committee as not being sufficient. 
 
 RECEIVERSHIP INVESTIGATION. 
 
 Listen: Whereas, grave charges have been made in the public press and by cur- 
 rent report that tend to bring into disrepute the courts of the State touching the pend- 
 ing receivership of the International and Great Northern Railway Company, it is due 
 to the officers of the State and the good name of the State that said reports and charges 
 should be investigated and if false, exposed ; 
 
 " 'Therefore, be it resolved by the House of Representatives, that a joint com- 
 mittee of the two houses be appointed to investigate said matters, consisting of two 
 Senators and three Representatives, who shall proceed to investigate.' 
 
 "Mark you, there was not a reading man in Texas that did not know that reso- 
 lution was directed at Hogg, Chilton, Campbell, Duncan and others who I am not 
 able to distinguish now by calling their names. But not one of them appeared to 
 enter a demurrer, because there was no specification, even as to the name of the party 
 they were after. And there was McFord. We have not got that much better resolu- 
 tion than they had. We have got the name. 
 
 "What else? Did they appear and say that somebody ought to come up here 
 and sign the affidavit that we have done something wrong, we are judges and receivers 
 and things and somebody ought to swear that we have done something wrong before 
 you can investigate us? What else was done? Our Representative who lived in the 
 county where most of the men lived who were to be investigated didn't come in here, 
 file a demurrer nor question the power of the committee or of the Legislature. The 
 report of the committee to which the resolution was referred was signed by our local 
 Representative, Mr. Lindsay, and I want to read his report to you gentlemen to show 
 you that we have good reason to suspect from the action of a former Legislature that 
 there was ground for saying that the course we think ought to be taken is the proper 
 one for this House. 
 
838 Senator J. IV. Bailey of Texas Unmasked 
 
 "Says Mr. Lindsay: 'I concur in the above report, not because I have any rea- 
 son to believe any of the rumors or insinuations contained in the resolution to be true 
 in fact, not because I have any reason to believe there exists any ground or cause for 
 this investigation and expenditure of public funds thereon, no evidence of indiscretion 
 on the part of the Court or any other person connected with the receivership having 
 been brought to the knowledge of the committee, but because each and every one of 
 the persons connected with the receivership have demanded a full and thorough in- 
 vestigation of all the affairs of the Legislature (applause), and a part of the records 
 hereof. I have no reason to believe this investigation necessary, but as injury will be 
 done the men whom I know to be honorable gentlemen unless such an investigation 
 is had. Because of that injury having originated by the introduction of the resolu- 
 tion by this body, concur in this report that an investigation may be had and the 
 parties given an opportunity for vindication.' 
 
 "Therefore I say that I may be pardoned when I say that I am startled, believing 
 as I do and have for all these years, by the proposal that the investigation should be 
 not at all or should be limited ; and that the proposition coming from parties who say 
 that they are so regardful of public expense that they don't want it done in the line 
 of economy." 
 
 Mr. Jenkins — I desire to ask the gentlemen a question. Is not the resolution 
 which you have read more general in terms than the one now before this House ? 
 
 Judge Duncan — I am trying to make that clear. It is. 
 
 Mr. Jenkins — You say that Gov. Hogg and Mr. Campbell were concerned in 
 that investigation? 
 
 Judge Duncan — They were. 
 
 Mr. Jenkins — Did they make an objection to the generality of it? 
 
 Judge Duncan — They filed an express waiver of it, sir. (Applause.) 
 
 EXPENSE OF INVESTIGATION. 
 
 Resuming Judge Duncan said : " 'Too expensive, gentlemen,' as it is said in 
 'The Hoosier School Master.' I am naming no names, but I will say that to the 
 culprit all the expense of the machinery of justice is extravagance? (Applause.) 
 And I can say that to the ends of justice no expense necessary to attain that end is 
 extravagance. (Renewed applause.) That is why we are an organized social body. 
 That is why we are, and by the grace of God are going to remain, a free and en- 
 lightened people. (Applause.) But they say it provides for too much junketing 
 around, too much running around and going outside the State. The resolution only 
 provides that in case the testimony deemed to be material cannot be procured at the 
 city of the capital the committee shall be authorized to go beyond the State in the 
 endeavor to procure it. The question of the extra territorial power of the committee 
 has nothing to do with the case. I have noticed recently in the press that some gentle- 
 man, whom I have not known before was clothed with extra territorial powers, has 
 been to St. Louis and found existing there some new testimony which cannot be fetched 
 to Texas. I presume that if a committee with extra territorial power went up there 
 it might be furnished access to the same magazine, if it was thought by the committee 
 that it contained anything that would give light upon the subject. 
 
 "I suppose that seems to be an important telegram. Whether or not it is a for- 
 gery, it has been put forth as genuine. It is important to know whether it be genuine. 
 If it was sent and read and received by the parties purported, I suppose it would be 
 within the power of the committee, the scope or the authority of the committee to 
 go where the original evidence exists, if it exists, and it be not a forgery, to determine 
 as to whether it does exist. 
 
 "I believe in economy, but fellow members, present extravagance often turns 
 out to be the most rigid future economy, paradoxically stated. (Applause.) 
 
 "But they say that the resolution does not specify enough. I want to call your 
 attention. Much has been said by the press and by our friends on the other side in 
 regard to what they allege to be the facts, that many charges which are known to 
 have been made public against Mr. Davidson have been omitted from this resolution. 
 
The Political Life-Story of a Fallen Idol 839 
 
 Now gentlemen, if you will take the great sheaf of newspapers which have been 
 surcharged for six months with extreme, intemperate statements for both sides, and go 
 back and try out and separate all the charges which have been cast abroad, you will 
 have a most difficult task. You are apt to overlook some, but for fear that might be 
 the case, the gentlemen proposing this resolution placed this clause which you may 
 have overlooked, pertaining to the powers of the committee." 
 
 Judge Duncan here read a section of the resolution, which contains this language: 
 
 "As well as all facts bearing upon the official conduct and integrity of said 
 Joseph W. Bailey and said R. V. Davidson." He then continued: "Nothing left 
 out. But they say it is not proper to investigate the private affairs of an official or 
 to expose the affairs of gentlemen with whom he has been associated in a business way. 
 I will let Mr. Bailey answer that argument himself. I will let him answer it, not 
 in intemperate fulminations from the stump, but under the solemnity of an oath 
 before the legislative committee by which an investigation was once had. He made 
 a statement on oath. I read, mark it, page 150, House Journal: 
 
 " 'It is not pleasant to feel compelled to make a public statement of my private 
 business affairs, and it is still more disagreeable to feel compelled to state the private 
 business affairs of other gentlemen, but a man cannot stand upon a question of that 
 kind when his integrity is assailed. (Applause.) And I have deemed it a duty to 
 myself, my friends, and, most of all, to my party, and to my State, to trace every 
 dollar of the money I paid for and received from the Gibbs ranch deal.' 
 
 "Can a statute change a principle? Isn't a principle immortal, permanent in 
 its application? 
 
 OPPOSITION SHOWS FEAR. 
 
 "But they fear. Oh, they see more ghosts than the old granny negro who used 
 to tell me haunt tales in the chimney corner could have conjured up. They are 
 afraid that there will be so much friction in the Legislature, and we will get to hating 
 each other so cordially, that we will be so undemocratic as not to pass the platform de- 
 mands and there will be a sort of armed neutrality between the executive and the 
 legislative departments; brother will be set against brother, father against son, and 
 the Democratic party will be riven as by a bolt from heaven, never to be again solid- 
 ified. 
 
 "Away, away, away with such stufif as that, addressed to me as a human creature 
 upon two legs, with a head on my shoulders. That is why I want to get the thing 
 into a committee. Let the committee have the friction. 
 
 "Why, we are getting along pretty well, ain't we? I have just been charmed 
 with every man I have met here of this House whom I had never met before. 
 Whether we are pro or anti-investigation, we meet and talk and get along and there 
 has been no feeling, so far as I know. There has been none on my part, and if there 
 has been any on the part of other gentlemen I don't know it, and I don't believe they 
 are hypocrites. We ain't going to split up the Democratic party on the question of 
 investigation, I am sure. But if justice is denied and an investigation barred, and we 
 are left without rudder and compass, surrounded by a sea of rumors which we are 
 not permitted to dissipate (excuse the figure), by the revelation of the truth, then 
 there may be friction. But I take it, if the question is referred to a committee with 
 full powers without regard to man or devil, to get at the truth, and that committee 
 makes a report one way or the other, every man will know. 
 
 "Gentlemen of the House, my physical condition after talking to you warns 
 me it would be discreet to leave this question with you without further argument on 
 my part and I only have this to add, that I haven't had time to examine and analyze 
 the substitute offered, and I don't undertake to discuss it in its fullness, but I do know 
 what this resolution is and I know it represents the judgment and the best thought 
 and patriotism of sixty or seventy members of the Texas Legislature and we believe 
 that a vindication of Texas, of Mr. Bailey or Mr. Davidson cannot be accomplished 
 without a thorough, broad investigation of all the facts connected with their official 
 conduct. 
 
840 Soiator J. W. Bailey of Texas Unmasked 
 
 PURPOSE OF SUBSTITUTE. 
 
 "We submit that it is too apparent from the nature of the substitute offered that 
 the purpose is not to have an investigation, but to have an excuse or pretense upon 
 which to go back home to the people. Let no man be decieved. These walls enfold 
 us, but to the gaze of the million people who are honest, desirous for the public good, 
 we stand upon a stage, through the eyes, through the medium of the press, and the 
 eyes are upon us. We should remember with a spirit of fidelity to ourselves, and 
 for the good of the Democratic party, the dominant and forever dominant party in 
 Texas, that it means the good of the State of Texas, it means that our young men 
 for whose education we have provided such a splendid common school system and for 
 whose final polishing and fitting for the higher walks of life, we have provided that 
 magnificient institution on the hill, in sight of the Capitol (meaning the university), 
 it means that by our action today we are in the process of moulding the characters 
 and establishing or disestablishing the principles of these boys upon whom is to 
 rest the destinies of State and Nation. It is under the responsibility that we should 
 love and move and we should be careful in our action upon the most important 
 episode now in progress. We should put before them no unholy ideals, no hurtful 
 examples. Too often, too often, my ears have been vexed on the streets or in the 
 train by that class of citizens, or the members of that class of citizens, who say, 
 'I am for him if he did get the money. They all do it and he is not worse than 
 any of the balance.' God save the country from the multiplication of that sort of 
 rascaldom. (Applause.) God save the youth of the country from the influence 
 of such traitors and treasonable declaration. 
 
 "Others more desperate and abandoned have said, 'Whether he got it or not, 
 I would do the same if I got his chance.' There is too much ground, other States 
 have furnished too much grounds for such bias in the human mind. Other States 
 have furnished too many examples which are taken as samples of such debasement of 
 citizenship. Let us of the Southland of Texas — I wasn't born here; I was born in 
 old Tennessee, in the poorest county in the State and on the poorest farm in the 
 county. I came to Texas in 1859, when only 8 years of age, with my father and 
 my family, but I have always gloried in the fact that my father carried a musket 
 in the war with our neighbors by which the territory of the Union was doubled 
 and which assured Texas to the consideration of the States. I have been proud of the 
 fact that his love, his fealty and devotion was first to this State and that at Monterey 
 and Cerro Gordo and Vera Cruz he was on the firing line and of the company that 
 charged the black flag at Monterey and among the first to scale its walls, and I am 
 proud of it all because of my father and Texas. (Applause.) 
 
 "Oh, let us never tolerate anything which will tend to cast a cloud across the 
 grandest one of all the stars in the constellation of the States. We have got to vindi- 
 cate Texas; we have got to vindicate it by vindicating Mr. Bailey or by condeming 
 him or the testimony, one of the t^vo. Are we going to lie supinely here and close our 
 eyes, and say we will not know the truth?" 
 
 Prolonged and loud applause followed. It lasted for more than a minute and 
 did not subside until Judge Duncan arose and bowed his acknowledgments. 
 Many of his associates congratulated him. 
 
The Political Life-Story of a Fallen Idol 841 
 
 CHAPTER XLI. 
 CRAWFORD ON BAILEYISM. 
 
 (Address by Col. W. L. Crawford, at Waxahachie, Texas, Sept, 2i, 1907.) 
 
 My Fellow Citizens: While I thank you for the invitation to address th^ 
 people of Ellis County on the closely connected subjects of Bailey and Baileyism, 
 I nevertheless regret the conditions that have made it advisable in your opinion to call 
 on me to perform this patriotic duty. Such conditions have never before existed in 
 the history of this State, and if we except the infamous rule of the carpetbaggers in 
 the days of reconstruction, when bribery was common and the pillage of the people 
 the apparent end of all political effort, such conditions have never before existed in 
 any of the States of the South. For those wretched days we renounce all respon- 
 sibility. Our homes were in ruins, our fields laid waste, our people were disfranchised 
 and our government by the misfortune of war had passed into unlineal hands. Texas 
 has a heroic history. In the sixty years of her statehood she has sent as her representa- 
 tives to the Senate of the United States Sam Hounston, Thomas J. Rusk, John Hemp- 
 hill, J. Pinckney Henderson, Matt Ward, Louis T. Wigfall, O. M. Roberts and 
 David G. Burnett, (the last named not seated, but their places filled by Morgan C. 
 Hamilton, and J. W. Flanagan, Republican Senators of the Reconstruction Era), 
 Sam Bell Maxey, Richard Coke, Jno. H. Reagan, Horace Chilton, Roger Q. Mills 
 and Charles A. Culberson. 
 
 It has never been stated or intimated by friend or foe that a dirty dollar ever 
 touched the hand of any of these, or that an act of treason against this State ever seared 
 the conscience or blighted the soul of any one of this illustrious galaxy. Honor and 
 truth illustrated their lives, and love of country was the North Star by which they 
 directed their course and to which they conformed their conduct. Nearly all of these 
 men sleep in honored graves. The three survivors still pursue the paths their fathers trod 
 — still cling to love of country and to uprightness in the public service as the bright- 
 est jewels that can adorn the patriot's life. The illustrious dead of this proud galaxy 
 of soldier-statesmen, by their honest efforts and unsullied lives, left to us a heritage of 
 unmeasured worth — a grand State, peopled by honest and brave men, with no stain 
 or dishonor on the records of the servants of the people in the Senate of the United 
 States. With this heritage was cast upon us the just responsibility, not of preserving 
 and perpetuating the honor, the dignity, the glory and prosperity of our State, but of 
 improving and adding to all of these noble things by our personal efforts and personal 
 sacrifices, so that we may transmit to our children this grand State and its government 
 in a condition better and brighter than when it came to us. 
 
 But the strongest, the bravest and the best people cannot, at all times, prevent 
 the formation of treasonable plots and save their trusted servants and honored offi- 
 cers from the blighting temptation of corrupting gold. 
 
 The measureless fortitude, the matchless courage, the ceaseless vigilance, the 
 noble purpose of the patriot army under Washington to make this country free, of 
 all of which Benedict Arnold had been a part, could not prevent or defeat the cul- 
 mination of his treason. But history records no name so groveling, so abandoned 
 and lost to shame, as to say to Benedict Arnold, he was the "bravest of the brave, 
 has been my friend, and I will stand by him now." Friendship must rest upon worth, 
 and must continue upon continued worth, or else its sweetest and holiest attributes 
 are lost. 
 
 The progress of time and circumstance has been such that each generation has 
 been surrounded by its own dangers and difficulties, and each has been charged with 
 the duty of protecting the safety of the State against these dangers as they have arisen. 
 It is comforting to us to-day to feel that our fathers in their day met heroically every 
 
842 Senator J. JV. Bailey of Texas Unmasked 
 
 issue thrust upon them. The war with Mexico for independence was an issue that be- 
 longed to them, and history tells how true and loyal they were to duty then. The 
 annexation of Texas to the Union was another issue. Look around you, my country- 
 men, and contemplate your fruitful fields, your happy homes, your towns and factories, 
 and everything from earth to sky, and let all attest the wisdom of our fathers in this. 
 
 The next issue — the most trying and saddest of all — was the war of secession. 
 If in this conflict our land was laid waste and the bravest and best of our men 
 consigned to soldiers' graves; if our hopes of national independence, were crushed 
 by the iron hand of war, still we emerged from it with honor unsullied and cour- 
 age undaunted. 
 
 These things are to-day called to your minds for the purpose alone of directing 
 your attention to the manner in which the people of Texas have met each succeed- 
 ing issue as it has arisen, and how in every trial their conduct has been charac- 
 terized by truth, honor, virtue and self-denial. They lived above reproach, as the 
 great masses of the people of Texas live above reproach and in honor to-day. And 
 their officers and servants lived above suspicion of bribery and treason against the 
 public welfare and the public policy of the State. They would have tolerated 
 nothing short of this, and if the conduct of a public officer had been such as to 
 create against him a just suspicion of wrong doing against the public policy of the 
 State, or its honor, the scorpion lash of public indignation would have driven him 
 from place and power and consigned him to shame. Can it be, my countrymen, 
 that there is less of honor, truth, courage and patriotism among the people of Texas 
 today than in the past, or if it be true that in the demoralizing and degrading 
 whirl of commercialism we are compelled sorrowfully to look upon a decadence of 
 public virtue and patriotism? — can it be that there is not enough of public virtue 
 and public courage left to defend and protect the honor and dignity of Texas 
 against all assailants and their treasonable allies and abettors? 
 
 At peace with all the world, loved by many nations, honored and respected 
 by all, what are the issues with which we have to deal to-day? What the dangers 
 that have confronted us in the recent past and menace the public welfare of our 
 State and country now? What is the task that honor and duty call on us, the 
 people, to perform to-day? The greatest dangers to the people arise from eco- 
 nomic and commercial propositions. For years the people have been opposed by 
 the wrongs of monopolies, and have groaned under the cruel tribute exacted and 
 taken by dishonest trusts. For years they have denounced these wrongs in politi- 
 cal platforms, and have demanded that they be abolished and destroyed. The 
 people have written prohibitions against these things in their constitutions; have en- 
 acted laws by their legislatures to destroy and exile them ; have created courts 
 and appointed officers to administer these laws and enforce the decrees made pur- 
 suant to them. The will of the people — the public policy of the State of Texas, 
 is known to all men, that transportation companies engaged in State and interstate 
 business shall receive no more than a just and reasonable compensation for the serv- 
 ice rendered; that monopolies and trusts shall not exist in Texas. It is true of 
 these things, that if permitted to exist and go unrestrained they will in time consume 
 the substance of the people, debauch and degrade the public morals, bar the way 
 to individual effort, destroy liberty and crush out hope. These combined subjects 
 are known as "the interests." Between "the interests" and the people the conflict 
 has been waging for years, and must continue until "the interests" are subjugated, 
 destroyed and brought under the control of just laws, or until government by the peo- 
 ple shall become a reproach, and liberty, dishonored and undone, shall flee the land 
 of its birth. 
 
 There are more than ninety per cent of the people of this State who have no per- 
 sonal desire either for the emoluments or honors of oflSce. They constitute the great 
 industrious, non-scheming part of the people; they fill every walk of industry; they 
 conduct every legitimate line of commerce and manufacture; they project every 
 useful internal improvement and aid them by their assistance freely given; they fill 
 and adorn every polite profession and every educational institution ; they love their 
 
The Political Life-Story of a Fallen Idol 843 
 
 homes and their country, and are contented with the fruits of their own labor; they 
 are intelligent, honest-hearted, sincere and patriotic; they are interested alone in good 
 and honest government; they wish no man a misfortune, and would do no man a 
 wrong ; they are trusting and confiding, slow to suspect and slow to anger. With all 
 this, they are not unmindful of their manhood, their dignity, their rights and their 
 power. When too much oppressed they will turn and strike the oppressor down, and 
 when betrayed by one whom they have honored and trusted, they will destroy. No 
 man can advocate measures before election contrary to their convictions of right 
 and justice and secure their votes, and thus it sometimes happens that the conscience- 
 less demagogue, with lying tongue, will make professions of loyalty to the people and 
 of desire to serve them, when in his heart he despises their simple, honest ways, and in 
 his purse he keeps the gold of the trusts, monopolies and "the interests." From this 
 it results that we must judge all men by their acts and deeds rather than by their 
 professions. The coward boasts of his courage, the liar of his veracity, and the 
 traitor of his loyalty. Modest men of worth shun these hypocritical professions. 
 
 Let us now proceed to a calm, dispassionate consideration of the facts in this 
 case, and let us try to reach a just and honest conclusion, and when that conclusion 
 has been reached, let us vow as patriotic citizens that the honor of Texas shall be 
 preserved and her public policy enforced, though the ambition of every man in public 
 life to-day must be destroyed to do it. 
 
 THE EXPULSION OF THE OIL TRUST. 
 
 In 1895, certain suits for penalties aggregating $105,000 were filed in the District 
 Court of McLennan County against the Waters-Pierce Oil Company for a violation 
 of the anti-trust laws of Texas. In 1897 a suit was filed in the District Court of 
 Travis County to drive this same iniquitous and criminal corporation out of the State 
 for violating the same anti-trust laws. 
 
 In order that you may understand the methods of this trust, your attention is 
 here called to the amount of money taken by it under the methods of the Standard Oil 
 trust, of which it was then, and ever since has been, a part, under first one thieving 
 device and scheme and then another. The Waters-Pierce Oil Company — this branch 
 of the Standard Oil Trust — in 1895, the year in which the penalty suits were filed in 
 McLennan County in behalf of the people, had a capital stock of $400,000, and no 
 more. In that year the profits of the trust were $1,030,610.32 or two hundred and 
 fifty-seven and sixty-five one-hundredths per cent of profits on the capital stock of its 
 business. In 1896, its profits were $1,203,046.28, or three hundred and seventy-six 
 one-hundredths per cent of its capital stock. In 1897 the per cent of profits to capital 
 stock was one hundred and ninety-eight and thirty-nine one-hundredths; in 1898 the 
 same per cent of profits was two hundred and forty-eight and three-quarters; in 1899 
 it was two hundred and fifty-six, or in the five years covered by the period from 1895 
 to 1900 this trust took from the people as profits on a capital stock of $400,000, 
 $5,046,727.14, as will appear from the following statement: 
 
 Per Cent 
 of Profits to 
 
 Term — Capital. Profits. Capital. 
 
 January, 1894, to January, 1895 $400,000 $1,030,610.32 257.65 
 
 January, 1895, to January, 1896 400,000 1,203,046.28 300-76 
 
 January, 1896, to January, 1897 400,000 793.575-07 198.39 
 
 January, 1897, to January, 1898 400.000 995,072,63 248.75 
 
 January, 1898, to January, 1899 400,000 1,024,422.84 256.00 
 
 Total $5,046,727.14 
 
 Think of the business of the farmer, the stock raiser, the manufacturer, the mer- 
 chant, the banker, and every industry conducted in Ellis County during that period, 
 and tell me if these enormous profits do not establish by plenary proof that the 
 methods of acquiring them were dishonest. The farmer in Ellis County makes eight 
 
844 Senator J. W. Bailey of Texas Unmasked 
 
 or ten per cent upon his capital, and yet feels grateful. The average per cent of profits 
 upon every industry in Ellis County, I venture to say, is less than ten per cent, and 
 yet this trust in this period of time in the lowest year made one hundred and ninety- 
 eight and thirty-nine one-hundredths per cent upon its capital stock and in the high- 
 est year made three hundred and seventy-six one hundredths per cent, while ten per 
 cent profits is more than the industries of the United States yield, and ten per cent 
 on $400,000 is only $40,000; and if liberal and legitimate returns had been made in 
 a run of five years, this trust would have made but $200,000, whereas, by trust meth- 
 ods, it took from the people in the territory in which it operated over $5,000,000 in 
 this same period of time. These suits to which we have referred encountered the nec- 
 essary delaj's of the law, but the suit in Travis County was in favor of the State, 
 and this powerful and conscienceless trust was condemned by the verdict of a jury. 
 The trust company appealed to the Court of Civil Appeals. The judgment 
 occurred and the wires flashed the results, announcing the victory of the State, the 
 people rejoiced in the belief that the majesty of the law was to triumph and that there 
 was learning and virtue in the courts sufficient to save the people from the pillage of 
 this trust. 
 
 In 1900, when the Supreme Court of the United States affirmed the constitu- 
 tionality of the anti-trust law and of the judgment against the Waters-Pierce Oil 
 Company, every man in Te.xas knew that the legal battle was ended ; that the learned 
 lawyers who had represented the Waters-Pierce Oil Company had exhausted their 
 learning and skill, and that nothing in the name of law could be done, unless it was 
 perhaps to present to the Supreme Court of the United States a motion for a re- 
 hearing. This trust that had monopolized the oil trade in Texas from 1882 to 1900 
 stood condemned by the judgment of all the courts, and the people were to be freed 
 from its spoliations and its robberies in the future. The Attorney General who insti- 
 tuted this suit and prosecuted it to a successful termination had passed out of office. 
 When this suit was instituted Charles A. Culberson was Governor and M. M. 
 Crane, Attorney General. These men had promised the people that their anti-trust 
 laws would be enforced, and in the litigation that ensued they faithfully redeemed 
 their pledge. In 1899 Culberson entered the United States Senate. 
 
 Crane had retired to private life and to the practice of his profession — had gone 
 back to the body of the people from which he came, but he carried with him the proud 
 memory that he had fought the people's fight and won. When all legal remedies 
 had been exhausted; when there was no longer a court in this State, or in the Nation, 
 to which the Waters-Pierce Oil Company could appeal for some technical rule even 
 that would enable it to continue its nefarious business; when the skill and ingenuity 
 of the learned lawyers representing this trust had been exhausted ; when they realized 
 that majesty of the law had triumphed and that the culprit must submit to its decree; 
 the scene shifts and new characters come upon the stage. Sayers was governor; Tom 
 Smith was Attorney General, and Hardy was Secretary of State. These men had 
 neither studied the questions nor borne the heat and burden of the legal battle that 
 resulted in the conviction and expulsion of the Waters-Pierce Oil Company from 
 Texas. 
 
 JOE BAILEY, THE AGENT OF THE OIL TRUST? 
 
 Joe Bailey was a member of Congress and had been since 1 890. He was not 
 familiar with the affair of the State of Texas, as he testified in January, 1901, when 
 Senator Decker asked him (Bailey) "Can you suggest any remedy for this anti-trust 
 law?" And Bailey answered: "Mr. Decker, I devote myself to Federal questions 
 and do not consider my opinion on State matters entitled to very great weight." 
 Pierce, the head of the Waters-Pierce Oil Company, applied to David R. Francis, a 
 distinguished politician of the State of Missouri, not a lawyer, but a business man of 
 acknowledged sagacity and power — a successful man of affairs. Before this Governor 
 Francis had been interested in the great public enterprise of holding the Louisiana 
 Purchase Exposition in the City of St. Louis. In this behalf he had been much about 
 Washington seeking aid from the Federal Government. He had known Bailey prior 
 to this time, but he had become better acquainted with him there. While there 
 
The Political Life-Story of a Fallen Idol 845 
 
 Francis had formed specific ideas of Bailey's ability ( for while Bailey in a demagogic 
 way and with loud speech, to be heard in Texas, denounced government aid to the 
 St. Louis Exposition as unconstitutional, he nevertheless aided in its passage), Francis 
 knew of Bailey's power to produce results by the use of other men. He had learned 
 to measure the man, and so when Pierce asked Francis for an interview and told him 
 that his lawyers in Texas and elsewhere had fallen down in this lawsuit; that he 
 wanted some man who could control the situation and continue the business of the 
 Waters-Pierce Oil Company in Texas, as, otherwise, it would be driven out, and his 
 600 or 700 per cent of profits greatly impaired. He wanted Francis to refer him to 
 some man — for what? Not to appear in any court to redress a wrong done against 
 the Waters-Pierce Oil Company. Not to protect any interest of Pierce in Texas for 
 he had no interest here except to answer a bill of indictment in which he was defend- 
 ant along with Rockefeller, Rogers, Flagler and others for violating the criminal laws 
 of the State, and Pierce would not have trusted his safety, in a court house and before 
 a jury, on these indictments to Joe Bailey. Pierce wanted a man who could evade 
 the judgment of the law, already pronounced and final, except only as to execution. 
 By the operation of this Trust he and the Standard Oil Trust were making a million 
 and a half dollars a year on a capital stock of $400,000. Pierce did not want to be 
 jarred loose from so profitable a proposition as this. No man who worships gold above 
 his country, or his God would give up such a snap as this if any kind of fraud and 
 corruption could circumvent the judgment of the law and enable him to continue his 
 depredations upon the people of Texas. Francis did not hesitate. Of all men in the 
 world of his acquaintance he selected Joe Bailey, and telegraphed him to come to St. 
 Louis at once. He came, and on the day Joe Bailey arrived Francis departed, but left 
 a letter for Bailey to Pierce that brought these men face to face. One of them was 
 the head of an outlaw trust that had been despoiling the people of Texas from 1882 
 down to igoo, over a period of eighteen years. The other was a congressman from 
 the State of Texas who had from 1890 down to igoo iterated and reiterated to the 
 people of this State his devotion to them and their interests ; his opposition to monopo- 
 lies and trusts. He had proclaimed everj^where and on all occasions his ability, his 
 courage and his purpose to protect their honor and defend their rights against monopo- 
 lies and trusts. 
 
 Francis says that he recommended Bailey as "a lawyer," and believed that he 
 was recommending him to perform the service of a lawyer out of which he could earn 
 a legitimate fee. Bailey said it was not a case for a lawyer, but for "political influence." 
 When Bailey and Pierce met, Bailey readily undertook to avoid the force of this judg- 
 ment of ouster — readily undertook to turn to ashes all the fruits arising from the labor 
 of the law officers of Texas, readily undertook to defeat and circumvent the laws of 
 the people of Texas and to restore this trust to the enjoyment of all the func- 
 tions of pillage which it had practiced for eighteen years. Bailey said that the propo- 
 sition involved "influence," for which he could not take a fee, but he did undertake the 
 odious task against the rights of his people, the laws of his State and the judgments 
 of her courts on account alone of his "friendship for Dave Francis," who lay very near 
 his heart. 
 
 My fellow citizens, has true, honest friendship, in the history of this world, ever 
 made such an infamous demand upon a friend ? If it has a parallel in the memory of 
 any man, let him speak! 
 
 This plea, that Bailey inflicted this great wrong upon the people of Texas because 
 of "friendship for Francis," is but an unmanly and an untrue subterfuge. 
 
 He knew that a confession of the truth would have damned him eternally in tlie 
 estimation of every honest man. Francis, who has been honored in his own State, 
 (Missouri), and in the Nation, owes it to himself and to decency to publicly state 
 that he never in the name of "friendship," laid any such requisition upon Joe Bailey. 
 Francis telegraphed Joe Bailey at Gainesville to come to St. Louis. Francis had 
 no business with Joe Bailey; he left St. Louis the day Bailey arrived there. Bailey 
 was to meet Pierce. They did meet on the 25th day of April, 1900, in St. Louis, 
 beyond the jurisdiction of the courts of Texas and then and there entered into the 
 treasonable plot to defeat the enforcement of the laws of Texas, to perpetuate the 
 
846 Senator J. IV. Bailey of Texas Unmasked 
 
 business of this thieving trust in the State, and to further fill the plethoric money 
 bags of Pierce, (whom Governor Campbell has within the week past denounced as 
 "The Pirate of All Pirates") with the hard-earned money of the industrious people 
 of this country. The whole truth of what occurred between Pierce and Bailey 
 at that seance of High Finance and Fraud will never be known to the honest people 
 of Texas. We have, however, found out some things that incriminate both. 
 
 What right had Joe Bailey to interfere in this matter at all? He was a con- 
 gressman, and the administration of the affairs of the State had been placed in 
 other hands by the people. The truth is, that on the 25th day of April, igoo, 
 Joe Bailey was under financial obligations to Francis on the Gibbs ranch deal, 
 which was consummated about June 24, 1900, and was then being worked out. 
 Bailey's friends considered that in the Gibbs ranch deal he was getting a property 
 worth nearly a quarter of a million dollars. Bailey says that Francis and Joe Sibley, 
 a Standard Oil Congressman from Pennsylvania, bought the Gibbs ranch for him 
 and paid Eighty Thousand Dollars in cash and 21,000 acres of Pecos land, and 
 allowed him thirty years in which to repay it; the Gibbs ranch was sold to Francis 
 subject to $80,000 of mortgages and liens and for $4,000 in cash, (which was paid 
 by Joe Bailey,) and for 21,000 acres of Pecos land, which was conveyed to Gibbs by 
 Francis according to Francis' testimony. 
 
 On this day, 25th of April, 1900, Bailey received from Pierce three thousand 
 and three hundred dollars in cash. And this is "friendship of Francis." Bailey 
 concealed the receipt of this money from Pierce from the people of Texas, although 
 it became his duty on more than one occasion to divulge it. In fact, this transaction 
 was not known to the people of Texas until after Bailey's election to the Senate, 
 January 22, 1907. The photogravures of the vouchers which show this transaction 
 and his shameful connection with it were never published until January 21, 1907, 
 and then in the Chicago Examiner, which did not reach Austin until January 23, 
 1907. 
 
 It is true that the originals of some of these papers, and perhaps others, came 
 into the possession of Attorney General Davidson in the fall of 1906. It is true 
 that in response to a resolution passed by the House of Representatives Attorney 
 General Davidson delivered the papers to the speaker, T. B. Love, on the 17th day 
 of January, 1907. 
 
 It is true that on the motion of T. D. Cobbs, a representative from Bexar county, 
 (and one of Harriman's lawyers, and one of the Committee of Investigation, who 
 entertained Joe Bailey at his home in San Antonio as his guest while he was engaged 
 as a committeeman in trying Joe Bailey for his acts against the people of Texas 
 and who resigned his office as legislator rather than surrender his free passes on the 
 railroads), Joe Bailey and Tom Love retired to the Speaker's room and examined 
 these papers. On his return to the Legislative Hall Joe Bailey attempted to explain 
 these papers, and his criticism of them, which was published broadcast, would have 
 done credit to the fraudulent ingenuity of Abe Hummel, the New York shyster, 
 now serving a term in the New York Penitentiary for his crimes. Go back and get 
 " his speech on that occasion and read it in connection with his subsequent admissions 
 and the evidence of his own witnesses. 
 
 That paper, The Examiner, contained a photo-engravure of this account: 
 
 St. Louis, Mo., June 30th, 1900. 
 Waters-Pierce Oil Company, to H. C. Pierce, Dr. 
 
 April 25th, To demand loan to Joseph W. Bailey on Mr. Pierce's personal 
 voucher of April 25th, 1900. A-C. Texas Cases, $3,300. 
 
 Approved for payment, J. P. Gruett, Secty. 
 
 Audited, H. Naudain. Entered, V. R. J. P. G. Jr. 
 
 Received June 1 8th, I goo, from Waters-Pierce Oil Company Thirty-Three 
 Hundred Dollars in full payment of the above account. 
 
 (Signed) H. C. Pierce. 
 
The Political Life-Story of a Fallen Idol 847 
 
 But some one may ask why did Pierce write upon that paper that it was a 
 LOAN to Joseph W. Bailey? Why, my fellow citizens, Senator J. Ralph Burton 
 of Kansas, convicted and punished for taking a fee from a fraudulent company in 
 St. Louis for the exercise of his influence with the Post Office Department, looked 
 back upon his course through prison bars and said that the mistake he had made 
 was not in "borrowing" the money from the Rialto Grain Company, after the man- 
 ner of Bailey, instead of taking it as a fee. This is an old dodge, and this paper, in 
 connection with other matters in the same line, but emphasizes guilty knowledge and 
 guilty intent on the part of Bailey and Pierce, too. 
 
 When Bailey came to Texas to secure the readmission of tha Waters-Pierce Oil 
 company into this territory, he had $3,300 in money from that corporation, through 
 H. C. Pierce, its President, in his pocket, and the vouchers for such money were 
 audited and paid by the Waters-Pierce Oil Company. 
 
 Joe Bailey says that just after the close of the senatorial contest with Senator 
 Chilton he started back to Washington. He says at St. Louis he met Mr. Pierce, 
 President of the Waters-Pierce Oil Company, who presented him a letter from 
 David R. Francis. He says he told Mr. Pierce that Mr. Francis was a partic- 
 ular friend of his, and that he would be glad to assist any friend of Mr. 
 Francis in so far as it was in his power and proper. He says he then 
 asked Pierce to state what the trouble was, and Pierce said he was being 
 driven out of Texas and wanted to continue his business there; he says Pierce 
 told him his company was not the Standard Oil trust, nor any part of it. Bailey 
 modestly said to Pierce: "If you can convince me that your company is not a trust, 
 and will agree to come to Texas and take the oath to obey the laws, I will undertake 
 to say that you will have no trouble with the officers of the State." By what authority 
 did he make this statement? Who authorized him to pledge in advance the official 
 action of the sworn officers of the State of Texas? Bailey says Pierce satisfied him 
 that it was not a trust, and that he told Pierce he would return to Texas in a few 
 days and would lay the matter before the Attorney General and the Secretary of 
 State. He says Pierce thanked him for this assurance, and stated that he would be 
 glad to pay him for his trouble. Bailey says that he could not pay him for that kind 
 of service, and Pierce asked him if he was not a lawyer, and Bailey says, "Yes, but I 
 practice law and not 'influence.' " Bailey says that he told Pierce that he did not 
 need a lawyer, and that it would only be necessary for him to go in person to the 
 Attorney General and Secretary of State and convince them that his company was 
 not a trust and take the oath to obey our laws. Bailey says he telegraphed Mr. Strib- 
 ling of Waco to meet him at Hillsboro; Stribling could not do this, and Bailey con- 
 tinued his journey to Waco. In Waco he conferred with the interested parties in 
 respect to the Waters-Pierce Oil Company's litigation at that place. Now, mark 
 you, neither the Attorney General nor the Secretary of State were there in Waco. 
 Bailey says he went from there to Austin and saw Governor Sayers. He says just 
 as he was leaving the Governor's room he conferred with him about the Waters- 
 Pierce Oil Company's continuance in Texas and explained the matter to Sayers as 
 Pierce had explained it to him. How had Pierce explained it to him (with $3,300?). 
 He then went to the Secretary of State, and says that he stated to him practically as 
 he had stated to Mr. Thomas and others at Waco and to Governor Sayers, but does 
 not state what statements he made to Thomas or others at Waco. He says he then 
 went to the Attorney General's office and went over with him the same ground he 
 had gone over with the others. He says when he had finished Tom Smith says: "Joe, 
 I have no option in this matter. Even if I knew that this company was not a trust, 
 and that it would keep its promise to obey our laws, I could not allow a permit to 
 be issued under the judgment of the court." He says Tom Smith asked him if he 
 had ever examined that judgment, and he told him that he had not, but that Pierce 
 had told him that the court had acquitted his company of the charge of being a 
 trust. Bailey says that Tom Smith then got a copy of the judgment and a statute and 
 that they examined them together and agreed that the Waters-Pierce Oil Company 
 then existing could not be permitted to conduct its business in Texas. Bailey says 
 that all these things had occurred between himself and Tom Smith. 
 
848 Senator J. IV. Bailey of Texas Unmasked 
 
 Tom Smith was sworn upon the same subject matter, and he says that Pierce 
 and Johnson, the St. Louis attorney of the Waters-Pierce Oil Company, had been 
 in his office trying to adjust their business in Texas, and begging for time within 
 which to adjust their business preparatory to abiding the judgment recently affirmed 
 by the Supreme Court of the United States, which. Smith is of opinion, occurred 
 in March, 1900. Smith says that he considered that the judgment banishing the 
 Waters-Pierce Oil Company from Texas was perpetual. Smith says they wanted 
 to pay penalties and suggested fabulous sums. Smith says he told them, that is, 
 Pierce, Johnson and whatever other attorneys were there, that he would not con- 
 sider their money; that money was no object to Texas where principle was involved; 
 and Smith says: "That was all I had to say to them." Smith says that just about 
 the time of the second visit of these men some one said "Your friend Bailey is in 
 town," and he says he wrote a note to Bailey asking him to drop in ; that Bailey 
 came within an hour after the note, which he said he had not received. He says 
 that he and Bailey talked on political issues, and Bailey broke away from the political 
 side of the question and says to Smith: "If you think that they could do business 
 legally, on account of a friend, (Francis), I would be glad for them to be admitted." 
 Why did not Bailey tell the truth, and say to him, "Tom, I have $3,300 of Pierce's 
 money in my pocket now, and am expecting aid from Francis and Sibley in the pur- 
 chase of the Gibbs ranch, out of which I expect to make a fortune." No man who 
 knew the scheme for the re-admission of the company to be fraudulent, and the intent 
 behind the act criminal would have made the disclosure. Bailey did not make it. 
 Smith says to Bailey: "Have you read our statute on the subject?" and Bailey said, 
 "No, I have not read it," and Smith said, "That was about all Mr. Bailey said, and 
 all his connection with it." Smith says: "Just after Bailey left the gentlemen who 
 had been in the office the day before made another visit," — namely, Mr. Pierce, Judge 
 Clark and Mr. Johnson. Smith says that nothing came of that interview, and that 
 that occurred in the first part of May, 1 900. Smith says the Waters-Pierce Oil 
 people wrote him and wanted him to suggest some method whereby they could do 
 business. Smith says: "All I could say was, 'You can't do business in Texas under 
 your old charter; I will grant you a reasonable time to adjust your business.' " Bailey 
 says that when his interview with Smith closed he told Pierce, who was then in 
 Austin, that the only thing left for him to do was to dissolve that offending corpora- 
 tion and organize a new one; to come back with clean hands, obey the law, and he 
 would have no further trouble with our people. What did Bailey mean by "offend- 
 ing corporation" if he did not then know it was a trust? Now, mark you! By the 
 record Ijefore the Investigating Committee in January, 1901, Bailey was the first man 
 to suggest to the Waters-Pierce Oil Company this dissolution of the old "offending 
 corporation" and the fraudulent re-incorporation of the same infamous trust. Tom 
 Smith's suggestion that "You cannot do business in Texas under your old charter," 
 was in answer to a letter from the representative of this trust after Bailey had given 
 this advice; but Bailey says that he was not responsible for this re-organization. He 
 advised it ; he counseled it ; he pointed the way and indicated the methods by which 
 the judgment in favor of the State of Texas was to be avoided, the public policy of 
 the State defied and trampled on, and this trust permitted to continue its spoliations 
 of the industrious people of Texas. His personal presence at the dissolution of the 
 old corporation ; his personal presence at the organization of the new corporation ; 
 his personal presence with Pierce when he made the false oath ; his personal presence 
 with Hardy and Smith when they approved the re-admission, were wholly unneces- 
 sary. If a man in the Indian Territory pointed the way, advised the methods, coun- 
 seled and encouraged a crowd of men to invade Cooke County and steal horses from 
 a ranch, though the man who advised, encouraged and counseled in the perpetration 
 of the theft was never in the State of Texas, still he is an offender against the laws 
 of the State, and ought to be convicted as a thief just the same as the men who drove 
 the horses from the pasture and into the Indian country and there converted them. 
 No lawyer in this assemblage will deny the truth of that proposition. 
 
 Now, there is another thing. Before that same investigating committee, on 
 
The Political Life-Story of a Fallen Idol 849 
 
 January 21, 1901, Bailey says: "It is not pleasant to be compelled to make a public 
 statement of 'my private business affairs,' and it is still more disagreeable to feel 
 compelled to state the private business affairs of other gentlemen, but a man cannot 
 stand upon a question of that kind when his integrity is assailed, and I deem it a duty 
 to myself, my friends, and most of all to my party and to my State, to trace every 
 dollar of the money paid for and received from the land, cattle, etc., in the Gibbs 
 transaction." Why did he not then disclose his many dealings with Pierce? 
 
 The political situation that had pointed against Bailey then was that his practices 
 in favor of the Waters-Pierce Oil Company had been treasonable to the people 
 of Texas. In all of his testimony before that committee, and in making this hypo- 
 critical disclosure of his private business affairs in respect to the Gibbs ranch, and when 
 talking directly about his efforts in favor of the Waters-Pierce Oil Company originat- 
 ing in a friendship for Governor Francis and him alone, he studiously concealed 
 the loan of $3,300 on April 25, 1900, and that on June 13, 1900, he had a drawn 
 check or a sight draft for $1,500 on H. C. Pierce, which was paid by the W^aters- 
 Pierce Oil Company to Pierce, there being a note on the face of it that it had been 
 paid to J. W. Bailey "account of Texas cases." 
 
 On May 31, 1900, the so-called "New Waters-Pierce Oil Company," in the 
 manner aforesaid, and by the means aforesaid, aided, encouraged and abetted as afore- 
 said by Joe Bailey, then a Congressman from Texas, got a permit to continue in 
 Texas. 
 
 That you may understand the extent of its robbery of the people after its fraudu- 
 lent re-admission into the State by means of the bogus dissolution, and re-incorpora- 
 tion of the same old trust and the taking of a false oath, which they call "bowing to 
 the law and coming back into Texas with clean hands," we call your attention to a 
 statement of its profit upon its capital stock as follows: 
 
 Per Cent of 
 
 Profits of 
 
 Term Capital Profits Capital 
 
 January 1900 to January 1901 $400,000 $1,813,032.88 $453.00 
 
 January 1901 to January 1902 400,000 1,987,184.33 497.OO 
 
 January 1902 to January 1903 400,000 2,001,203.18 500.00 
 
 January 1903 to January 1904 400,000 2,699,818.68 670.00 
 
 January 1904 to January 1905 400,000 2,790,951.87 672.00 
 
 Total $11,292,190.94 
 
 Thus taking from its trust territory profits on its old $400,000 capital amounting 
 to $11,292,190.94 or more than twice the sum dishonestly pillaged from the people 
 in the five years preceding its expulsion as shown by former table. This robbery 
 of the people in a period of five years was evidently agreeable to Joe Bailey, 
 and his co-conspirators and the people were expected to endure it patiently and now 
 that their rights have again been re-established in the courts to condone Bailey's trea- 
 son and still without a murmur hold him in the highest office of honor within their 
 gift, without complaint. Every lawyer knows — the people instinctively know — that 
 every one who enters into a common purpose or design is deemed a party to every 
 act which has before been done by the others, and a party to every act which 
 may afterwards be done by any one of the others in furtherance of the common 
 design. The purpose of seeking the re-admission of the Waters-Pierce Oil Company 
 into Texas was to enable it to rob the people. Through Joe Bailey's influence it was 
 readmitted ; through his influence it was kept here. It did rob the people, and Joe 
 Bailey cannot avoid the consequences of these outrages by any rule of ethics or of 
 law. While this thieving trust was pillaging Texas and other parts of the territory, 
 Joe Bailey was doing fairly well in a financial way in getting money from Pierce, 
 which was paid by the Waters-Pierce Oil Company and getting money from the 
 Standard Oil Trust for advice about a matter of which he swore in 1901 to Decker 
 he knew nothing. 
 
850 Senator J. IF. Bailey of Texas Unmasked 
 
 But Joe Bailev's services did not end with this. He undertook to keep it here, 
 as the facts will show. Henry and Stribling, a co-partnership of lawyers at Waco 
 had been private counsel for the State in the Waco penalty suits. They had retired 
 from or been forced out of the case by CuUen F. Thomas, the County Attorney of 
 McLennan County. Henry was then Congressman-elect from the Waco District 
 and took no further Interest In the matter after the retirement of his firm from that 
 suit. Pierce, in connection with his attorney, Johnson, and the "friend of Francis," 
 Joe Bailey, had offered the pitiful sum of $10,000 to the State and $3,000 to Henry 
 & Stribling as a fee for their services to the State in this matter. Tom Smith had 
 said that Pierce had offered him, "fabulous sums," but this was before Joe Bailey 
 came into the fight. About June 5, IQOO, George Clark, of Waco, one of the Texas 
 Attorneys of the Waters-Pierce Oil Company, wrote J. D. Johnson, the St. Louis 
 attorney of the same company, that Stribling was mad and was threatening a receiv- 
 ership for the Waters-Pierce Oil Company in the courts of Texas. Now, this fraud- 
 ulent re-admission was too fresh and the fraudulent schemes too apparent to stand 
 even a little jar in any court in Texas, and so the following proceedings were had: 
 
 On Tune 12. 1900, Bailey and Pierce were widely separated. One was on the 
 lakes in Wisconsin ; the other at Gainesville, Texas. Finley was the brother-in-law 
 of Pierce, and in charge of the Waters-Pierce Oil Company, and was in St. Louis. 
 Johnson was and had been for a long time the General Attorney for the Waters- 
 Pierce Oil Company, and was In St. Louis. On June 12, 1900, Pierce sent the fol- 
 lowing telegram to Finley: 
 
 Lake Nebagamon, Wisconsin, June i2tH. 
 Andren' M. Finley, St. Louis, Mo. 
 
 If Johnson approves authorize Bailey to loan Stribling on his note fifteen hun- 
 dred dollars. Bailey should quiet all Texas parties. Tell him I will see him soon. 
 
 H. C. Pierce." 
 
 On this telegram there is a notation in writing: "S. D." (which means a sight 
 draft) "Drawn by Bailey for $1,500." On June 13, 1900, at the town of Gaines- 
 ville, Bailey draws his draft on H. C. Pierce in favor of himself or his bank for 
 $1,500. By a receipt dated St. Louis, Missouri, June 15, 1900: "Received of Waters- 
 Pierce Oil Company $1,500 — J. W. Bailey, account Texas cases, signed H. C. 
 Pierce." (Signed either in Wisconsin or in St. Louis, after Pierce's return). On 
 the reverse side of this there is in writing: "Account Stribling & Taylor (erased) 
 Henry & Stribling (inserted) fees Waco cases," and the notation of "anti-trust civil 
 case." At the same time, or bearing the same date, there is an account as follows: 
 
 "Waters-Pierce Oil Company to Henry & Stribling, Dr., Waco, Texas. Ac- 
 count of fee expense in anti-trust civil case of State of Texas, vs. W.-P. O. C. at 
 Waco $1,500. 
 
 On the face of this account is: "O. K., J. D. Johnson," thus meeting the 
 requirement of Pierce's telegram from Lake Nebagamon to Finley. This account 
 is approved for payment by A. M. Finley, vice-president. It has a receipt: "Received 
 June 15, 1900, from Waters-Pierce Oil Company $1,500, in full payment of above 
 account." That receipt is attested by Bailey's draft drawn at Gainesville on June 
 13th in favor of himself on the Red River Bank at Gainesville. On this same ac- 
 count is this notation: "Draft delivered to Mr. H. C. Pierce by Mr. Gruett, No- 
 vember 17, 1900. And all of these different items were audited by H. H. Stein, 
 one of the auditors of the Standard Oil Trust, except the $3,300, which was audited 
 by H. Naudin, another of the auditors of the same trust. 
 
 Now, my fellow citizens in calling your attention to these combined transac- 
 tions, which aggregate $4,800 of principal, I desire to call your attention to the fact 
 that Bailey says that when the attack was made upon him in connection with the 
 Gibbs transaction he resolved that he would not allow the business affairs of a 
 "friend" like Mr. Francis to become involved in the bitterness of political strife, and 
 he set about to purchase the Francis land from Gibbs. He complains that his enemies 
 were dragging Francis and Joseph C. Sibley into these accusations and into the poli- 
 
The Political Life-Story of a Fallen Idol 851 
 
 tical troubles in Texas, growing out of the destruction of the people's victory against 
 this trust and restoring to it the power to further pillage them. It is of no concern 
 whether the Gibbs transaction had any relation to Bailey's services rendered to the 
 Waters-Pierce Oil Company or to the St. Louis Fair project. Bailey says he wanted 
 to get rid of those things in order to spare the feelings of Francis and Sibley. He 
 had no concern either for the feelings or the rights of the people of Texas. 
 
 Now, as growing out of these transactions and the exhibits to which I have 
 referred, I want to call your attention to some testimony in this case developed by 
 the investigation of 1907, not hinted at in Bailey's Testimony before the Legislative 
 Committee in 1901, which, in my opinion, damns him in the estimation of all honest 
 and fair-minded men. 
 
 I call your attention to the fact that on the account marked "Waters-Pierce 
 Oil Company to Henry & Stribling," there appears this notation: "Draft delivered 
 to Mr. H. C. Pierce by Mr. Gruett on November 17, 1900." At the same time 
 the due bill for $3,;^oo, which was taken from Bailey April 25, 1900, went into the 
 hands of Pierce. The record shows that about the 17th of November, 1900, Bailey 
 was in the city of St. Louis. On the 23rd of November he received $200 which was 
 charged to him on the books of the Waters-Pierce Oil Company. * * * 
 Do you believe that if he had in that investigation disclosed the fact that 
 he had the money of the Waters-Pierce Oil Company in his pocket at the time he was 
 negotiating with your Attorney General and Secretary of State, and inviting the 
 assistance of your Governor to secure the re-admission of the Waters-Pierce Oil Com- 
 pany, that he could have obtained, even from a partisan committee, if half way honest, 
 a vindication? What did Pierce want with these evidences of Bailey's indebtedness? 
 Why, on the 17th of November, did Pierce, as president of the Waters-Pierce Oil 
 Company want to withdraw these papers from the files of that company? What oc- 
 curred between Bailey and Pierce in St. Louis about the 17th of November, 1900? 
 We have been unable to inquire of H. C. Pierce. He has dodged all process servers 
 and spurned all efforts of the people to secure his evidence. 
 
 Let us see what relation David R. Francis had to this matter. Francis says, 
 that when he introduced Pierce to Bailey, or Bailey to Pierce, he believed Pierce 
 wanted to employ a lawyer for such legitimate business as a lawyer might do. 
 Francis says he believed Bailey was a good lawyer, although himself having business 
 in Texas, and large interests elsewhere, he had never sought Bailey's assistance as a 
 lawyer and had never paid him a fee. By some means or other, on the 22nd of 
 November, Francis writes Pierce in the City of St. Louis a note, enclosing at the same 
 time his check in favor of Pierce for $4,800 — no interest, mark you, though Bailey 
 says these so-called loans were to bear interest — and requests Pierce to send to him 
 (Francis) the claims he has against Joe Bailey, and on the same day, to-wit, November 
 22, 1900, Francis sends these two guilty papers — the $3,300 and the $1,500 — to 
 Joe Bailey at Washington. Francis says that he does not know where or from whom 
 he got the money which he sent to Pierce. Francis did not know that five days 
 before he sent his check to Pierce, Pierce had withdrawn these witnesses of crime from 
 the records of the Waters-Pierce Oil Company. Was Pierce holding these papers 
 so that no one might know of the transaction except himself and Francis? Was 
 he waiting and expecting this remittance from Francis. When Francis wrote the 
 letter to Bailey, which I incorporate here, did Francis know anything about the busi- 
 ness relations between Pierce, acting for the Waters-Pierce Oil Company, and Joe 
 Bailey? Pierce simply sent to Francis these two items, one for $3,300 and the other 
 for $1,500, but accompanied them with no word of explanation, but he left in the 
 files of the Water-Pierce Oil Company these vouchers upon which he (Pierce) had 
 placed his signature; these vouchers that have been paid by the Waters-Pierce Oil 
 Company, and audited by the auditor of the Standard Oil Trust. More than this, 
 between the rendering of these services by Bailey to the Waters-Pierce Oil Company, 
 by which it was permitted to continue to rob the people of this State, Bailey had told 
 Francis that he did not charge or receive from Pierce one cent, but that whatever 
 services he had rendered he had rendered out of his "friendship for Francis." When 
 
 11-23 
 
852 Senator J. IV. Bailey of Texas Unmasked 
 
 Francis met Pierce in a club in St. Louis, he stated to Pierce; "Bailey tells me you 
 did not pay for the services rendered you," and Pierce, with that effrontery which 
 characterizes the unscrupulous trust millionaire in the presence of his associates in a 
 swell club, speaking of a politician and a poor lawyer, says: "Did he tell you that? 
 Did he tell j'ou I loaned him money — which I did ?" This angered Francis. Francis 
 is a smart man of affairs, as well as a politician, and he knew exactly what Pierce's 
 statement in that club meant. He knew tliat the loan part of it was a mere sham 
 to cover a fraud, and Francis at once became justly indignant at the whole proceed- 
 ing, and doubtless regretful of the part he had unwittingly been induced to play in 
 it. Francis became afraid of Bailey, he became apprehensive, on account of the turn 
 things had taken, that Bailey would make financial exactions of him that he could 
 not decline, and afterwards, on the 17th day of August, 1900, he wrote to Pierce 
 this letter: 
 
 "Mr. H. Clay Pierce, Pride's Crossing, Mass. 
 
 Our friend Bailey, it appears, has been violently attacked in Texas for his ef- 
 forts in your behalf. He writes he has charged you no fee, nor does he say he pro- 
 poses to do so, continuing to attribute his entire action in the matter for 'friendship 
 to me.' You can readily see how this embarrasses me and how difficult it becomes 
 for me to fail to readily comply with any request he may make." 
 
 (Signed) D. R. Francis." 
 
 Is it true that Joe Bailey and Pierce became alarmed at this and doubted 
 whether they could use Francis further, or is it true that Bailey and Pierce believed 
 that dead men tell no tales, and that if they could contrive to have this $3,300 and 
 $1,500 paid by Francis, they might induce Francis to believe that these things were 
 really loans instead of corrupt fees, and so contrived, by some means, which Francis 
 does not know and could not state, to put $4,800 into his hands, in order to take 
 these tell-tale papers from the hands of Pierce and put them back into the hands 
 of Joe Bailey? When Bailey got these papers into his hands he might well denounce 
 them as forgeries; he might well say that if any man could produce the $1,500 draft 
 he would resign his office. He knew the paper ; he knew that it was in his possession, 
 but he never told it until it was forced from his witness, Francis, in 1907, at Austin, 
 when Francis had come from St. Louis to give Joe Bailey a character. Why did not 
 Pierce come also? 
 
 In connection with this same $3,300 demand loan, and the $1,500 sight draft, 
 on November 22, 1900, at St. Louis, Francis writes the following letter: 
 
 "Mr. H. Clay Pierce. City. 
 
 "Dear Sir: I enclose my personal check for $4,800 payable to your order, in 
 exchange for which please send me by bearer, J. W. Bailey's receipts or due bills 
 given you for like amount. I understand this to be the total of Mr. Bailey's obliga- 
 tions to you. If it is not so, please advise me. 
 
 Yours truly, 
 
 "D. R. Francis." 
 
 On the same day Francis wrote to Joe Bailey as follows: 
 
 "My Dear Sir: I today paid Mr. H. C. Pierce $4,800, and asked him to send 
 me in exchange therefor whatever drafts or receipts for money made by you he might 
 have in his possession. My letter also stated that my impression was that $4,800 was 
 the extent of your obligations to him, but requested that he advise me if they were 
 in excess of that amount. He made no reply to my letter other than to send me the 
 enclosed, which I forward to you, the same being your receipt of April 25, 1900, 
 for $3,300, which the voucher designates as a 'demand loan' and your sight draft 
 on him dated Gainesville, Texas, June 13, 1900, for $1,500. 
 
 (Signed) D. R. Francis." 
 
The Political Life-Story of a fallen Idol 853 
 
 Francis says he never knew that Pierce had loaned Bailey any money until Pierce 
 told him so in the presence of five or six men. "The conversation came about this 
 way: I said to Pierce, how did Bailey serve you? He said: 'He served me well ; 
 be is an able man; 1 think a great deal of him,' but I said, 'Bailey tells me he refused 
 to charge you anything ; I said 'you are not going to let Bailey do that work for noth- 
 ing are you. Pierce said: 'Bailey borrowed some money of me,' and he gave me the 
 amount then, but I do not recall it; it was a great surprise to me, because I did not 
 know Bailey borrowed any money from him." 
 
 When Francis was asked: "This $4,800 mentioned in the letter of November 
 22, igoo — was that paid back to you by Senator Bailey?" He answered: "Why, I 
 cannot tell anything about it from these books; I have looked all through here." 
 Francis further said about this payment that he made to Pierce, "Pierce you are not 
 going to let Bailey do all that work for nothing," and then Pierce told him of this 
 loan — which he did not like. Francis further said: "I did not have any interest in 
 it except in Bailey, and I must have been delighted when I paid that loan, for "I 
 would have paid it if I had known that he would have never paid it back." 
 
 Why would he have paid it without any return? In fact, the testimony does 
 not show except by a process of exclusion, that this money was ever repaid to him 
 by Bailey. In fact, he does not know anything about that transaction, and when 
 asked about clearing up the records of these loans — if he had not desired them cleared 
 up to protect Mr. Bailey — IVIr. Francis says: "I wanted to see it, yes sir; I wanted 
 to see it cleared up greater on Bailey's account ; at the same time, I did not want 
 to be mixed ; I did not want to be responsible for Bailey's political troubles in any 
 way; I did not want to feel that I was involved in it." Question: "Well, now, you 
 are unable to say where you got that $3,300?" Answer: "Yes, sir; I am unable to 
 say where I got that $3,000 and the $1,500." Question: "And the $1,500?" An- 
 swer: "\'es, sir." Francis said that when Pierce told him that he had made Bailey 
 a loan he dropped the subject with Pierce at once; there were five or six other men 
 present. When asked the question: "Didn't you like it?" Francis said: "No, I 
 didn't like it?" The question was asked: "It didn't look good; did it?" to which 
 Francis answered: "I didn't want Pierce to tell it before five or six other people;" 
 I didn't want him to tell it, it wasn't very business-like; what I was doing, I was 
 guying Pierce about letting Bailey work for nothing, and I said : 'This whole thing 
 is charged up to me, and I do not propose to be left in that position, and you ought 
 to pay this man,' " and Francis says that while he had known Pierce for a long time, 
 he didn't think he had seen him three times within six years. 
 
 Now, why should Bailey want to get back the possession of this $3,300 demand 
 loan and this $1,500 sight draft? Pierce, in an open conversation in a club, had 
 spoken of it in a way that every man knew that it was a direct reflection on the integ- 
 rity of Joe Bailey. Francis knew it as well as any man there, and his testimony 
 avows his dislike of it and expresses the willingness to have paid it without a return 
 of it by Bailey rather than to become complicated in such a transaction. In respect 
 to the $1,500 sight draft drawn by Bailey on Pierce — in connection with Pierce's 
 telegram to Finley, "If Johnson approves, authorize Bailey to loan Stribling on his 
 note $1,500. Bailey should quiet all Texas parties. Tell him I will see him soon" 
 — in connection with the receipt signed by H. Clay Pierce to the Waters-Pierce Oil 
 Company for that $1,500 paid to J. W. Bailey account of Texas cases — in connection 
 with the further endorsement on that receipt that it was in favor of Henry & Strib- 
 ling, which account was receipted by Bailey's sight draft attached for $1,500, which 
 draft was delivered to H. C. Pierce on November 17, when, manifestly Pierce and 
 Bailey were both interested in suppressing these papers and getting them back into 
 Bailey's possession — I submit to you that taking all these evidences together, Geo. 
 Clark's letter, the Pierce telegram, the Bailey sight draft, Pierce's receipt, for the 
 money repaid to him by the Waters-Pierce Oil Company, the voucher against Henry 
 & Stribling with the O. K. of J. D. Johnson and the receipt by draft attached, with 
 the testimony of Potter showing that this draft went through his bank in Gainesville, 
 was paid in St. Louis, the money was drawn from the bank by Joe Bailey on his private 
 
854 Senator J. IV. Bailey of Texas Unmasked 
 
 account, instead of being appropriated to loan Stribbling, and was appropriated for 
 the use and benefit of Joe Bailey — I say all of these things, looked at in this reason- 
 able and fair way, indicate that Joe Bailey received this money for one purpose and 
 used and appropriated it for his own use in another direction. If the contemporaneous 
 writing of H. C. Pierce, J. D. Johnson, A. M. Finley and H. H. Stein, the auditor 
 of the Standard Oil Trust, signify anything, they signify an embezzlement of this 
 $1,500. No fair-minded man can take these papers and look at them dispassionately 
 and arrive at any other conclusion. These papers bearing the genuine signatures of 
 these men, Pierce's to the telegram, Bailey's to the draft (in his possession now), 
 Pierce's receipt, J. D. Johnson's O. K., and the account against Henry & Stribbling, 
 receipted by the draft attached, and the fact that while the $1,500 meant for Strib- 
 bling miscarried and did not reach him, he yet, according to his own testimony, later 
 in the fall (November 20, 1900) received $3,100 from Johnson, the attorney, to lobby 
 in the interests of the Waters-Pierce Oil Company, before the Twenty-Seventh 
 Legislature, which whitewashed Joe Bailey and kept its hands off the Waters-Pierce 
 Oil Company. This was paid to Stribbling in St. Louis, on November 20, 1900, 
 $100 to pay his expenses to St. Louis, and $3,000 for his services to be rendered in 
 looking after the interests of the trust before the Legislature, and Johnson had written 
 Clark that he had quieted Stribbling for the present. Take those things together 
 and they mean this and nothing less, and yet Bailey and the sycophants and partisans 
 who follow him say that the people of this country ought not to pay heed to these 
 things nor consider them against Joe Bailey. * * * Now, my fellow citizens, 
 there is not a lawyer in this audience who does not know that it is no 
 defense to an indictment for forgery that the instrument forged was stolen from the 
 possession of some one who held it for the forger. The question of how 
 the people of Texas came into possession of all these evidences of criminality 
 is wholly irrelevant to the issue. The question, and the only question involved 
 in the case, is, do these papers speak the truth? Did Bailey get this money? 
 Did Pierce send this telegram? Did Johnson O. K. the account? Was Bailey's draft 
 attached to that account? Did Francis pay that $1,500 and send it back to Bailey? 
 There are the truths in this transaction, and they are not to be in any wise minimized 
 by a suggestion that Gruett took them from the Waters-Pierce Oil Company. That 
 proposition has been too often decided. It is too fundamental a proposition in the 
 law of every land. But, notwithstanding all of these things that had occurred a 
 long way from home, in St. Louis and in Wisconsin, emboldened by the success he 
 had achieved in having himself whitewashed by the Twenty-seventh Legislature in 
 as weak and clumsy an Investigation as ever went through a legislative body, and 
 further emboldened by a want of resentment on the part of the people of Texas, whom 
 he had denounced for their suspicions against his integrity, instead of abandoning 
 these practices, which had never been indulged in by any other Senator from Texas, 
 he continues to guard the interests of the Waters-Pierce Oil Company; he defies the 
 whole State of Texas to interfere with that which he had done; he threatens political 
 ostracism to any man who challenges the righteousness of his conduct, and continues 
 to borrow money from Pierce. 
 
 On March i, igoi, at Washington, he makes a note to H. C. Pierce 
 
 "$8,000.00 Washington, D. C, March ist, 1901. 
 
 'Tour months after date I promise to pay to the order of H. C. Pierce 
 
 Eight Thousand Dollars, at his office in St. Louis, 
 
 Mo Value received. J. W. Bailey." 
 
 On March 4, H. C. Pierce writes to the secretary as follows: 
 "J. P. Gruett, Esquire, Sect., 
 
 Dear Sir: Take this note into bills receivable and deposit company's check for 
 like amount to my credit with Fourth National Bank, as I have given Bailey my check. 
 
 Yours truly, 
 
 H, C, Pierce." 
 
The Political Life-Story of a Fallen Idol 855 
 
 On March 6th, the Waters-Pierce Oil Company makes a voucher as follows: 
 
 "VVATERS-PIERCE OIL COMPANY, TO H. C. PIERCE, DR. 
 
 For amount of loan to J. W. Bailey as per note in hands of treasurer, $8,ooo. 
 Approved for payment, J. P. Gruett, Secretary." 
 
 On the same day is the receipt of H. C. Pierce for this money. This note was 
 photographed and published all over the United States, as well as this voucher. On 
 the letter of Pierce from the Waldorf-Astoria this notation is made: 
 
 "Check No. 44430, $8,000 deposited with the Fourth National Bank to the 
 credit of H. C. Pierce." 
 
 On the 28th day of March, 1901, J. W. Bailey writes this letter: 
 
 "Gainesville, 3-28-igoi. 
 Mr. H. C. Pierce, St. Louis, Missouri. 
 
 My dear Pierce: Send me New York Exchange for $1,750. Have it made 
 payable to my order so that it will not be necessary for you to endorse it. Send it 
 at once, as I ought to have had it several days. 
 
 Your friend truly, 
 
 J. W. Bailey." 
 
 On June 10, 1901, at St. Louis, Missouri, Pierce writes: 
 
 "Mr. J. P. Gruett, Secretary, Building. 
 
 Dear Sir: Please send New York Exchange for $1,750 to Joseph W. Bailey 
 at Gainesville, Texas, and charge against legal expenses on account of Texas legisla- 
 tion. I sent this amount personally to Mr. Bailey in response to his enclosed letter 
 of March 28th. Since then Mr. Bailey has returned the amount to me, and it is 
 now proper for the company to make this payment. Attach Mr. Bailey's letter to 
 your voucher and merely enclose the draft to him without voucher. His enclosed 
 letter will be your voucher. Yours truly, 
 
 H. C. Pierce." 
 
 This is audited by another auditor of the Standard Oil Trust. What a damning 
 letter from Pierce to Gruett, sending Joe Bailey $1,750 and charging against legal 
 expenses on account of Texas legislation! What higher proof that Bailey was in 
 the employ of the Waters-Pierce Oil Company as a lobbyist to prevent legislation by 
 the State of Texas against the Waters-Pierce Oil Company? Bailey and Stribbling 
 were lobbying for the Waters-Pierce Oil Trust. And, my fellow citizens, if this 
 letter to Gruett from Pierce, if the letter from Bailey to Pierce, could bear any 
 explanation, why did not Bailey and Bailey's friends either procure the attendance 
 of Pierce before the Committee of the Legislature in 1907, or why did they not 
 permit that Committee or a sub-committee to hunt out the fugitive H. C. Pierce and 
 compel him to swear. J. D. Johnson announced to that committee, as a representa- 
 tive of Pierce, that if Bailey wanted his testimony, he (Pierce) would come to Texas 
 to give it, notwithstanding he was indicted for a felony ; that is, for the crime of per- 
 jury in connection with the re-admission of the Waters-Pierce Oil Company. H. C. 
 Pierce had been in Texas in 1900 when he was indicted for a violation of the laws 
 of the State of Texas, along with Rockefeller, Rogers and Flagler, and no harm had 
 come to him then. Why did Bailey want this $1,750 paid to his order "so that it will 
 not be necessary for you to endorse it?" 
 
 Bailey by this letter demonstrates this: He knew his criminal relations with 
 Pierce; he knew that to use this at Gainesville if it bore Pierce's endorsement, would 
 again connect his name with Pierce and with the Waters-Pierce Oil Company; he 
 was interested in perpetuating the nefarious business of that trust in Texas; it was 
 profitable for him to do it, and he was covering up a name that would arouse sus- 
 picion again if it should become known to the people. 
 
 In addition to all this, Bailey admitted that the $8,000 note was increased to 
 a $24,000 note. He said that Pierce had paid him at other times as much as $30,000 
 
856 Senator J. W. Bailey of Texas Unmasked 
 
 or $40,000; he said that Pierce endorsed his note at one time in New York for $156,- 
 000. Notwithstanding these vast sums of money delivered by Pierce, "This Pirate 
 of Pirates," to Joe Bailey, and these enormous accommodations extended to him by 
 his endorsements, Bailey, and the partisans who follow him, the sycophants who sur- 
 round him, say that he did not know that the Waters-Pierce Oil Company was a part 
 of the Standard Oil Trust. Bailey cannot deny this in the face of the record. It 
 had been convicted of a violation of the laws against trusts by a jury of Travis County, 
 and the judgment affirmed by all the Courts. The opinion of the Texas Courts upon 
 this case was open to Bailey for inspection, as well as the opinion of the Supreme 
 Court of the United States. As early as September 5, 1899, T. S. Smith, the Attor- 
 ney General of the State, had written to D. H. Hardy, Secretary of State, a letter 
 in which he says: 
 
 "I wish to say further that if the judgment against the Waters-Pierce Oil Com- 
 pany is affirmed it relates back to June 15, 1897, and it would be very unwise for the 
 State to collect any taxes since that time, and as such judgment finds it to be a trust, 
 it has no standing in this State and ought not to be granted a permit, and should not 
 be in Texas since the date of said judgment. Yours truly, 
 
 (Signed) T. S. Smith, Attorney General." 
 
 One of the first things submitted to Joe Bailey by R. L. Henry in May, 1900, 
 when he was interesting himself in beating down the prosecutions against the Waters- 
 Pierce Oil Company, was a copy of the agreement of the Standard Oil Trust, which 
 was signed by [a majority of the stockholders of] the Waters-Pierce Oil Company. 
 Joe Bailey swore in 1901 that Smith got a copy of the judgment and a statute of 
 Texas, and they examined it. Bob Henry had a thousand pages of incriminating 
 evidence in the Waco cases when Bailey was there. Bob Henry told Joe Bailey that 
 it was a trust. The papers in the office of the Attorney General were all open to 
 Bailey's inspection. All of the testimony taken in the case of the State of Texas vs. 
 The Waters-Pierce Oil Company might have been examined by him. All that Henry 
 had he would have gladly shown to him. There were a thousand avenues open to 
 Bailey to ascertain and know that it was a trust, and yet he hides behind a declaration 
 of Pierce, when confronted with his misdeeds, and wants the honest people of Texas 
 to believe that he was fooled about the character of the Waters-Pierce Oil Company 
 and its contractual relations to the Standard Oil Trust. 
 
 Tom Smith, in the same communication to Hardy, calls his attention to the 
 fact that Pierce, in the trial of that case, had committed perjury when he swore that 
 the capital stock of the Waters-Pierce Oil Company was $100,000, when it was, 
 in fact, $400,000. This Waters-Pierce Oil Trust not only robbed the people of 
 Texas, but for the pitiful difference between the tax that would be imposed upon a 
 company of $100,000 capital and one of $400,000, its president committed perjury. 
 After calling the attention of the Secretary of State to this matter, Tom Smith says: 
 "I mentioned these facts so that you may see that it could not have been an oversight 
 in stating that its capital stock was $100,000, when in truth it was $400,000." 
 
 And yet Bailey justifies his conduct against the people of Texas upon what 
 he claims to be the representations of Pierce. In view of all the protestations of 
 R. L. Henry, of Cullen F. Thomas, of T. S. Smith; the inspection of the trust 
 agreement; inspection of the records of the judgment, and the whole course of 
 that litigation, will any man say that Joe Bailey ever at any time made an honest 
 effort to inform himself whether this was a trust. Do not all the facts show 
 that he shut his eyes to the fact that it was a trust. He knew it was a trust before 
 he ever saw Pierce or touched his money. He has trampled on the laws of his 
 State, and he has profited by it, and with all of this damning record against him, 
 he can yet find persons in Texas — (not sturdy and independent democrats who 
 love their country and their countr}''s honor) — who will listen and applaud his 
 low and vulgar abuse of the people when they cry out against such outrages upon 
 them and the ideals they have always cherished. 
 
 But the Baileyites assert that all of this alleged indebtedness from Bailey to 
 
The Political Life-Story of a Fallen Idol 857 
 
 Pierce has been repaid. The record shows just to the contrary. Whatever Pierce 
 gave to Bailey was pai4 back to Pierce by the Water-Pierce Oil Company. 
 Whatever was paid direct to Bailey has not been paid back at all. It was all 
 charged to "legal expenses on account of 'Texas' cases," and on acount of "Texas 
 legislation," and at the expiration of the fiscal year or period it was charged off to 
 profit and loss on the books of the Waters-Pierce Oil Company. There is not 
 a banker or business man, or a man of ordinary intelligence in this audience who 
 does not know that if this money, or any part of it, had in good faith been paid 
 back either to Pierce or the Waters-Pierce Oil Company, that the books of that 
 Company would have shown that the amount returned or paid back by Joe Bailey 
 had been credited back to profit and loss. That is to say, if all that had been 
 ostensibly loaned to Bailey had been paid back and returned to the treasury after 
 it had been charged off to profit and loss as a "dead one," it would have been 
 credited to the same account, that is, profit and loss credited by amount returned by 
 J. W. Bailey, but no such entry appears, and Francis has not said, and doubtless 
 cannot say, from what source, whether from Pierce or from the Waters-Pierce 
 Oil Company, or from what blank and hidden hand, the $4,800 came, with reference 
 to which he was used as a cat's paw for Joe Bailey. 
 
 Now, before we leave this dirty and unseemly phase of this case, let us look 
 to this $1500 charged to Henry & Stribbling. Now the record shows that Pierce 
 did not authorize a loan to Henry & Stribbling, but to Stribbling. The record shows, 
 in the letter by Judge Clark, that Stribling was threatening trouble. Take that in 
 connection with the Pierce telegram to Finlay and the payment of that same $1,500 
 to Joe Bailey, which was manifestly misapplied and diverted from its intended 
 course, and what do we find in corroboration of these things: That the Waters- 
 Pierce Oil Company paid to Mr. Stribling $3,100 in money in the City of St. 
 Louis, not for Henry & Stribling, but after this $1,500 had miscarried, for Stribling 
 alone to perform this service as lobbyist at Austin in behalf of the Waters-Pierce 
 Oil Company. In other words, after Mr. Stribling was employed to guard the 
 interests of the Waters-Pierce Oil Company at Austin, in connection with Joe 
 Bailey against adverse legislation, we hear no further suggestion of any menace of 
 a receiver on the part of Stribling. Now the record shows that while the firm 
 of Henry & Stribling continued after Henry's election to Congress, there was no 
 division of fees. 
 
 THE CYPHER CODE AND ALDRICH-BAILEY FISCAL MEASURE. 
 
 What would this audience believe if, in addition to the other things in this rec- 
 ord, the cipher code of the Waters-Pierce Oil Company had been found in the 
 possession of John H. Reagan, Richard Coke or Sam Bell Maxey? As I have 
 been informed, only seven United States Senators have been entrusted with that 
 secret. These were H. B. Payne, of Ohio; John M. Camden, of West Virginia; 
 Thomas H. Piatt, of New York; Matt Quay, of Pennsylvania; Chauncey Depew, 
 of New York; N. W. Aldrich, of Rhode Island, and Joe Bailey, of Texas. How 
 is it that these, and no more, are amongst the Senators who have been put in pos- 
 session of the secret code of this great trust, clothed with a code which would enable 
 them to converse over the wires the most treasonable plots against the rights of the 
 people, and no man not in possession of the code able to decipher the meaning, while 
 every man in possession of the code would be the loyal ally of the trust and the un- 
 failing enemy of the people? 
 
 My fellow citizens, the final, conclusive, indisputable evidence that Joe Bailey is 
 the hired tool of the Standard Oil Trust is demonstrated by the fact, and a fact, too, 
 which he admits, that his name is on the code of this Oil Trust, and that he carried 
 that secret code about with him and kept it in his possession. Whenever men pursue 
 any business which they are not willing to disclose to the public gaze, they inevitably 
 adopt a cipher code. Burglars have their own pet phrases, the meaning of which 
 is known only to themselves. Joe Bailey, in his statement before the Legislature in 
 explanation of his name being on the cipher code of this Oil Trust, said that all men 
 
858 Smator J. W. Bailey of Texas Unmasked 
 
 in private business had a code, and as an illustration he said that every cotton factor 
 had a code. It is true that what is known in commercial parlance as the Cotton 
 Exchange, and all the bucket shops of the United States, have a code, which is in 
 constant use, and the meaning of which is known only to the persons who conduct 
 the business of raising and lowering the price of cotton and exploiting the farmers 
 who raise it. They pick out some word in New York, say "Howl," for instance; 
 they telegraph it to all the bucket shops in the country, and immediately the price of 
 cotton will go down several points. If they wish to raise it, they will telegraph 
 "Yell," and immediately the price of cotton will rise. The Standard Oil Trust and 
 the Waters-Pierce Oil Company, which are one and the same thing, have their 
 secret codes. One word in this code is "Reprisal," which means, in the language of 
 these commercial villains, "At what price are your competitors offering oil?" An- 
 other word is "Reprise," which means "Austin," where the Governor and the At- 
 torney General and all the officers whose duty it is to enforce the law against these 
 trusts reside. Another is "Reproach," which means the Driskill Hotel at Austin 
 Another is "Republish," which means Joe Bailey. What would the people have 
 thought in 1888 and 1889 if John H. Reagan had been on the code of the Stand- 
 ard Oil Trust and the Waters-Pierce Oil Company as "Republish?" Suppose that 
 Pierce had sent a dispatch to Reagan addressed "Republish, reproach, reprise, re- 
 prisal ?" What a wound that would have been to the good name of that great 
 statesman and a good man ; what a disgrace it would have been to the State of Texas, 
 which for long years had honored him with its greatest offices. Joe Bailey, in ex- 
 planation of this, admitted that there was a code and that his name was on it, and 
 that he carried it, and that his name on the code was "Republish." He said, in 
 excuse, that in order to save telegraph charges they have short names in the place 
 of long ones. There are more letters in "republish" than there are in "Bailey." 
 There are nine letters in "republish," there are six in "Bailey." He says, moreover, 
 that he frequently used the code himself about Mr. Pierce's private business. If he 
 ever used this code upon Mr. Pierce's private business it could have only been used 
 in connection with the Standard Oil Trust and the Waters-Pierce Oil Company's 
 business. Imagine a Senator of Texas sending a telegram to a Standard Oil mag- 
 nate giving the political conditions in Texas and signing his name "Republish!" If 
 anything else was wanting to make out a case against Joe Bailey to show that since 
 1900 he has been in the service of the Waters-Pierce Oil Company, this code is all 
 sufficient. This is not all. Senator Nelson W. Aldrich, of Rhode Island, is one of 
 the Standard Oil Senators of the United States. His daughter married the son of 
 John D. Rockefeller, the great Standard Oil magnate; he is a Republican and Chair- 
 man of a committee on finance in the United States Senate which has charge of all 
 the financial and fiscal operations of the United States government. Bailey is a 
 Democratic member of the same committee. The name of each of these men is on 
 the secret code of the Standard Oil Trust. When any legislation is pending which 
 threatens, even remotely, the interests of the Standard Oil Trust, or any of its aux- 
 iliary corporations, Aldrich and Bailey are in a position, through the use of this 
 secret code, to inform Rockefeller, Archibold, Rogers or Pierce of what is pending. 
 Bailey could send a telegram warning them of any threatening danger and sign his 
 name "Republish" and escape all detection. Rockefeller, Archibold, Rogers or Pierce 
 can wire Bailey under the address of "Republish" and enlighten him as to what legis- 
 lation they desire, or put him on guard as to any contemplated legislation that might 
 be adverse to their interests. 
 
 If the people of Texas, with full knowledge of these facts, desire to retain Joe 
 Bailey in the United States Senate, then they have lost the capacity of self government 
 and should no longer boast that they are free, unpurchasaable American citizens. 
 
 In illustration of the above facts and as a demonstration of Joe Bailey's servitude 
 to the Standard Oil Trust and the "interests," sometimes called the "money power," 
 let us look briefly to a bill introduced into the Senate on February 9, 1903, by N. W. 
 Aldrich, a Senator from Rhode Island, and the acknowledged leader of the money 
 power in that august body. This bill, numbered 7301, "to further provide for the 
 
The Political Life-Story of a Fallen Idol 859 
 
 safe keeping of public money and for other purposes," was on the same day referred 
 to the Committee on Finance. Aldrich and Joe Bailey were both on this committee, 
 and might both be relied upon so far as the "interests" were concerned, and so on 
 the nth day of February, two days after its introduction into the Senate, Aldrich, 
 by direction of the Committee on Finance, reported the bill back with amendments 
 and gave notice of his intention to press the consideration of the bill. He attempted 
 to call it up on the 14th day of February, and finally got it to the front on the 24th. 
 That part of the bill which had in view " the safe keeping of the public money" was 
 a scheme to transfer about $400,000,000 from the locked and guarded vaults of the 
 United States treasury, and from the custody of the bonded officers of the United 
 States, into the vaults of certain national banks, which banks were to be designated 
 by the Secretary of the Treasury at his discretion, and were to be known as Govern- 
 ment Depositories. These pets and favorites were to be the financial agents of the 
 government. How many national banks were to be named as depositories — in what 
 State they were to be located — how much of the people's money (already collected 
 as taxes and on hand) should be allotted to each one of the favored national banks — 
 was left to the dicretion of one man, the Secretary of the Treasury. The "other pur- 
 poses" named in the bill was to provide the kind of security these favored national 
 banks were to give for the money deposited and loaned to them by the Secretary. 
 The collateral named consisted of bonds of the United States; bonds or other interest 
 bearing obligations of any State; bonds of any city in the United States which has been 
 in existence as a city for twenty-five years, and which for the last ten years has not 
 defaulted in the pajTnent of any part of its debt, principal or interest, and which has 
 more than 50,000 inhabitants by the last census reported, and whose net indebtedness 
 does not exceed ten per cent of the assessed value of its property; also railroad bonds. 
 The further discretion was conferred on the Secretary to require additional securities 
 from these favored national banks, and authorized him to change the character of the 
 securities already on deposit. These favored national banks were to pay interest on the 
 deposits of not less than one and one-half per cent a year. This, in substance, was the 
 scheme. It involved a co-partnership in the national banking business between the gov- 
 ernment and certain favored national banks to be designated by a Republican Secretary 
 of the Treasury. The government was to furnish about $400,000,000 upon which it 
 was to receive one and one-half per cent interest a year. The national banks selected 
 were to furnish the experience and were to have all the profits above the one and one- 
 half per cent interets. No State bank, no co-partnership, no individual, no corporation 
 created by any State could get any part of this $400,000,000 at one and one-half per 
 cent interest, or at all. National banks, and only such of these as had the favor of the 
 Secretary of the Treasury, could get any part of this money. If the people, or any 
 of them, wanted to borrow for use any of this money they must go to the favored 
 national banks, put up security or collateral, pay the ruling rates of interest of six, 
 eight, ten, or even a higher rate, for the use of the money taken from them as taxes 
 and loaned by the government to a lot of pet national banks. Can any man imagine 
 if this scheme had gone through how much of this $400,000,000 would have been taken 
 by the national banks, established and maintained on the money of the Standard 
 Oil Trust, Rockefeller, Flagler, Rogers, Harriman, Hill and others? Joe Bailey and 
 Aldrich both knew when they advocated this bill that the government was heavily in 
 debt and was paying a much greater interest than the one and one-half per cent they 
 were proposing to loan this money to the pet national banks for. Let us see what 
 Democratic Senators thought of this Aldrich-Bailey fiscal measure — it was named 
 a fiscal measure by Bailey. 
 
 Senator Berry, of Arkansas, said on the floor of the Senate: "Mr. President, 
 I say it is an everlasting shame and disgrace to this country that we should collect year 
 by year millions of dollars in the way of taxes from the people and then turn around 
 and vote to loan it out, if you will, to a few favored banks at one and one-half per cent 
 for them to loan it to other people at whatever interest they can secure." This same 
 Senator says: "I do not know; it may be that I am wrong, but if I have learned one 
 thing more than another of Democracy and the belief of the Democratic party, it has 
 
860 Senator J. W. Bailey of Texas Unmasked 
 
 always been, from the days of Jefferson and Jackson down to the present time, that 
 we stood for the equality of all people before the law, and that we stood in absolute 
 and unalterable opposition to any law that conferred special privileges upon one class 
 which would not be extended to all other classes." 
 
 Senator Turner said: "I regard this bill as absolutely indefensible on any proper 
 principles of government and as extending the grossest kind of favoritism to a class 
 in this country who have already been too highly favored by the laws of the United 
 States, and as being extremely indiscreet and inconvenient in the result which it will 
 bring upon this country. I venture to say that if we enter upon this policy of loaning 
 out the money of the government to any individuals of any class or character, the time 
 will never come when this government will feel justified in calling these moneys in." 
 
 Senator Blackburn said: "I stand upon the proposition here asserted and not 
 denied, that the purpose of this bill is to loan the money of the American people, 
 wrung out of the pockets of the taxpayers by a system of taxation conceded to be 
 too high, which the party in power refuses to reduce, and say that they will 'stand pat' 
 and refuse to reduce a single schedule — the purpose is to take this tax-wrung money 
 that belongs to the American people and the producing class and loan it to somebody 
 at a rate of interest below the least rate of interest the government is paying on any 
 bond that it has on earth," 
 
 Senator Teller said: "Mr. President, is the system a good one which puts in 
 the hands of the Secretary of the Treasury the power to discriminate in favor of one 
 class of banks, which may be controlled by his adherents, against those whom he may 
 regard as his political opponents? Is it a good system which enables the Secretary of 
 the Treasury to say that Eastern securities shall be favored against Western securities, 
 and that he will put these deposits all east of the Alleghanies if he happens to think 
 that better?" 
 
 We could quote to like eflect from every Democratic Senator who participated 
 in the debate on this undemocratic measure. While Bailey has boasted over Texas 
 that he is a party man and stood always with his party, it is a notable fact that when the 
 opinion and intterest of his party and party associates came in conflict with the interests 
 and desires of the Standard Oil Trust and the money power and the purpose of the 
 Republicans to force the government into an unequal and disastrous co-partnership 
 with favorite national banks, Bailey, of all the Democrats in the Senate, was found 
 alone lined up with the Republicans, and in his zeal to promote the cause and interests 
 of the money power he charges filibustering against his own colleagues. But are we 
 to wonder at this when Bailey during this debate had come fresh from the turmoils of 
 Wall Street, where he had been engaged in exploiting the Kirby Lumber Company 
 and its millions, and had become inoculated with the ideas of high finance and fraud 
 that flourish so abundantly there? Need we wonder that in the final struggle over this 
 bill Bailey's vote was found recorded along with the votes of Aldrich, Quay, Depew, 
 Piatt, and every other trust Republican in the Senate of the United States. In sup- 
 port of this undemocratic measure Aldrich and Quay, Bailey, Depew, and Piatt, each 
 of them then having concealed about his person the cypher code of the W.-P. O. Co., 
 stood shoulder to shoulder, with locked shields under the banner of special privilege 
 graft and greed, and warred upon the Democratic minority of the Senate. My fellow 
 citizens, I want you to know that in that contest in the Senate in March, 1903, every 
 Democratic Senator stood by the teachings of Jefferson, Jackson, VanBuren and 
 Tilden, and the history of the Democratic party, and opposed that infamous bill 
 except Joe Bailey. I want you to know that in that same winter Joe Bailey was in 
 New York in the service of the Kirby Lumber Company, and Kirby pretending 
 to make a lawyer's fee of over $200,000 and that he was carrying the secret cypher 
 code to the Waters-Pierce Oil Company. Will the patriotic Democrats of Texas 
 submit to this? 
 
 bailey's connection with kirby's companies. 
 
 Now let us look briefly at his connection with the Kirby Lumber Company and 
 the Houston Oil Company. Both of these corporations are the outcome of mod- 
 ern ideas of high finance. They are models of the exploitation of greed and get-rich- 
 
The Political Life-Story of a Fallen Idol 861 
 
 quick schemes. They are both bottomed on lands in East Texas, slipped from 
 under the unsuspecting owners there, and exploited in the shape of stock and bonds 
 on unsuspecting purchasers in the East. By some contrivance they stand at the head 
 of the lumber trust, and through the direction of Joe Bailey they have been under 
 the protection of a federal court, by injunctions and receiverships since 1903. Or- 
 ganized on wind and exploited on "wall paper" — which Kirby says means Houston 
 Oil Company stock in the treasury. Under the direction of a federal court receiver 
 they made about two million dollars profits by trust methods last year. This money 
 was taken from the home builders and house improvers of this country. Joe Bailey 
 has aided and abetted this conspiracy and has never raised his voice against it. And 
 yet he says he loves the people and has given the best years of his life to the preserva- 
 tion of their interests. Can impudent hypocrisy go further? 
 
 Kirby says that Pat Calhoun of New York was to finance this scheme and that he 
 embezzled four million dollars of the "wall-paper" stock of the Houston Oil Company. 
 This is the same Pat Calhoun who is now under indictment in San Francisco for graft 
 and bribery of public officials and the pillaging of the public treasury there — and the 
 disgrace of the servants of the people. Well, "birds of a feather flock together." 
 It is Kirby, Calhoun, Bailey, or Bailey, Calhoun, Kirby. When we contemplate their 
 sympathy for the toiling masses, their yearning for the public welfare, we feel like 
 singing that good old song, "What wondrous love is this, O my soul?" 
 
 Kirby employed Bailey in November, 1902, as his attorney and attorney for 
 the Kirby Lumber Company. For eighteen months Kirby and Bailey were both very 
 busy men in New York, and so was Pat Calhoun. After Bailey got into the pot then 
 Pierce came in, and then it was Kirby, Calhoun, Pierce and Bailey — the Big Four. 
 
 This opened up a new source of revenue to Joe. His fees grew and grew and 
 grew. Then they opened the charmed circle again and took in the Frisco people, 
 and fees took another upward bound, and they say that in a few months Joe Bailey 
 made two hundred and twenty-five thousand dollars, by borrowing money from 
 Pierce and getting Houston Oil Company "wall-paper" stock from Pat Calhoun. 
 You will remember when Joe Bailey was in Congress he went across into Virginia 
 to make a speech before some college, and on pay day refused to receive his salary 
 as Congressman for the time he was absent from his seat, proclaiming in a dem- 
 agogic way that the people paid him for all of his time and were entitled to his 
 uninterrupted service. When he got into his new trust service, this new combination, 
 he practically abandoned his legislative duties and spent most of his time in the win- 
 ters of 1902 and 1903 at the Waldorf-Astoria and 26 Broadway, New York. From 
 the middle of January, 1903, to the last days of February of that year, his name was 
 not recorded in a single aye and no vote taken in the Senate. He was rich then 
 and was getting richer all the time. Why did he take his salary for this time misspent 
 to the dishonor of the State? He was living in the atmosphere of high finance and 
 fraud. He had surely imbibed the prevalent opinion of this small, unscrupulous gang 
 of trust millionaires and their sycophantic strikers and tools — "the public be damned." 
 He took all he could get from the government and all he could get from the trusts 
 and then told the people they were entitled to only half of his time on full pay for all 
 of his time! What other man in public life has ever made such an audacious, unscrup- 
 ulous announcement as this? From the days of Jefferson till now no Democrat has 
 ever asserted such corrupting doctrine as this. If Bailey may do these things why not 
 Senator Culberson and your sixteen members in Congress? Imagine all of them 
 engaged as Bailey has been and is now and as he says he will continue to be, and you 
 all know that Texas would become a cesspool of political degeneration and dishonor. 
 No free man could, without a blush of shame, claim it as his home. 
 
 Joe Bailey got back to Washington in the last days of February. He was just 
 
 in time to see Cooper's port of entry measure defeated by Senator Mason of Illinois. 
 
 This was a fight between John W. Gates on one side, and Kirby, Pierce and the 
 
 Frisco Railroad on the other. In this fight he was in an awful fix. It was a case 
 
 "How happy I'd be with either of these 
 
 Were the other dear charmer awav." 
 
862 Senator J. W. Bailey of Texas Unmasked 
 
 Gates thought he had him fixed, but Gates, like Pierce, dodged the process serv- 
 ers and fled the State to keep from telling what he knew about this. Gates at one 
 time held Bailey's note for $28,100. Bailey says this originated in something about 
 a "horse trade." Is it possible that so wise a man as Bailey can not tell the differ- 
 ence between a "horse trade" and a game of stud poker? What will Gates swear 
 about this? Pierce also ran. He took to foreign countries and the high seas. When 
 Hadley, the Attorney General of Missouri, was after Pierce, it was known that 
 Pierce would evade all process and refuse to swear until after the primaries in Texas 
 and until after the State convention. Pierce and the interests wanted their friend 
 Bailey back in the Senate for six years. They wanted him to be the coadjutor of 
 Aldrich, the father-in-law of Rockefeller, Jr., the pious inheritor of millions of dis- 
 honest gains. 
 
 Bailey got $2500 from the Standard Oil Company direct for a fee. How and 
 when did he get acquainted with that old he-grafter, the father of all the trusts? 
 Bailey's wisdom had preceded him and what the Standard Oil Company really wanted 
 to find out from him was whether it was a trust and could do business in Texas. 
 He says, "I told them it was, and they paid me $2500 in cash for the information." 
 Right at this point Rockefeller fell on Roger's brisket and wept, because Bailey, the 
 smart man, did not live in New York to tell them something new and wise every day. 
 
 Now, Bayne, President of the Seaboard National Bank, and in oil up to his 
 eyes for forty years past, must have heard of this wise man from the South, and Bayne 
 wanted a fifty dollar charter written, and Bailey says, a mortgage. All this for the 
 Security Oil Company, and Bayne the President of the Standard Oil Bank and himself 
 a part of the Standard Oil trust, gives $5,000.00 to do this work. 
 
 Bailey Is handling a Tennessee railroad and coal company for Pierce, Francis, 
 et als, and is negotiating with Harriman. From this he expects a fee so large that 
 he would not tell how much. 
 
 A Nashville paper says Bailey is engineering a scheme to beat the city of Nash- 
 ville out of $1,800,000.00, that boodle is being distributed about Nashville where it 
 will do the most good, and that Harriman is to get the road by a foreclosure. 
 
 And yet, my fellow citizens, Joe Bailey said at Waco in igoo, August 9: 
 "Now, fellow citizens, do we as democrats of Texas believe that we have fallen 
 so low as to elect a senator who sells his services to the corporations? I do not believe 
 the time will ever come when Texas will make that mistake?" 
 
 What a statement! How like the man whose whole record is embellished by 
 fair speech and disgraced by infamous performances? 
 
 My fellow citizens, when Joe Bailey was indulging the luxury on the floor of 
 the Senate, on a question of person privilege in reply to the article of Mr. Philips 
 on the "Treason of the Senate," published in the Cosmopolitan Magazine, amongst 
 other things he said that a man who would tell a lie would swear a lie. Let us 
 examine Mr. Bailey just for a little while on this proposition. He caused to be sent 
 from Dallas, Texas, on June 24, igoo, a special to the St. Louis Republic, in which 
 the reporter says: 
 
 He (Bailey) makes the following statement of how he happened to make this 
 big land trade (referring to the Gibbs ranch) : "Former Governor David R. Francis, 
 of Missouri, and Congressman Joseph C. Sibley, of Pennsylvania, are among my 
 closest and most appreciated friends. Mr. Francis and Mr. Sibley have often urged 
 me during the last five years to look more closely after my material interests and 
 those of my family, even though I should have to retire from public life to do 
 so. I have never had an absorbing desire to make money or accumulate property. 
 The public service has had a strong fascination for me, and I believe I have been 
 of some benefit to my country in that connection, but Mr. Sibley and Mr. Francis 
 finally impressed me with their advice, and I told them plainly about Gov. Gibbs' 
 ranch, which he had suggested he would like to sell to me. I said to them: "li 
 you gentlemen are interested in my business welfare, buy me that farm; let me remit 
 and pay you as I can. They took me at my word and the papers are all ready for 
 filing in the Dallas County courthouse. The deed will be placed on record to-morrow 
 
The Political Life-Story of a Fallen Idol 863 
 
 or next day. The consideration given Gov. Gibbs is $80,000 in cash and 21,000 acres 
 of land on the Pecos River, about 500 miles west of Dallas. Messrs. Francis and 
 Sibley allow me thirty years in which to pay the debt I owe them. I shall dispose of 
 the interest I have in a stock farm near Lexington, Kentucky, and engage in raising 
 blooded horses and grain crops out on Grapevine." 
 
 This is the voluntary statement of Bailey, made presumably to a personal and 
 political friend who would do him no injustice. Is this statement true? Francis 
 says: "I talked with him (Bailey) a number of times about his affairs and told him 
 that he had a great tuture before him, that he ought to attend strictly to his legislative 
 duties and let his horses and everything else alone, that he could keep up his law 
 practice, and from time to time manifested, as I said, an interest in his welfare and 
 his future." 
 
 Now, can any man reconcile what Francis says under oath with what Bailey 
 dictated to the reporter of the Republic? More than this, when Bailey testified 
 before the Investigating Committee of the 27th Legislature, he set out an itemized 
 account of the Gibbs transaction, which he swore was true, and there is not a single 
 proposition in his testimony there that does not contradict his voluntary statement. 
 What, then, becomes, fellow citizens, of Bailey's proposition that a man who ivill tell 
 a lie ivill sivear to it? If time permitted, a vast number of this kind could be pre- 
 sented against the veracious Bailey, but we pass from this to graver matters. 
 
 In a speech made by Joe Bailey before the Waco Convention, August 9, 1900, 
 he used this language: "Now, fellow citizens, do we as Democrats of Texas believe 
 that the time will ever come when Texas will make the mistake of electing a Senator 
 who will sell his services to the corporations?" When Bailey made that announce- 
 ment he had in his pocket $4800 paid by the Waters-Pierce Oil Company, which 
 sum was audited and allowed by the Waters-Pierce Oil Company and by the Standard 
 Oil Trust. Subsequent to that and prior to the convening of the Thirteenth Legis- 
 lature in 1907, he received, by his own admission, $2500 from the Standard Oil 
 Company, and from another dependency of the Standard Oil Trust $5,000, and from 
 other corporations, from then until now the testimony shows that he received from 
 $35,000 to $40,000 for services rendered to them; $225,000 from the Kirby Lumber 
 Company and John Henry Kirby; at least $250,000 either already received or in 
 anticipation from the Tennessee Railroad transaction, and other large sums of money, 
 always under the guise and in the name of a lawyer, without ever appearing in the 
 court house or before a judge, but always doing his work by secret and circuitous 
 methods, not only unknown to the people of Texas, but actually concealed from them 
 until these transactions had been exposed by other men or proven before the Investi- 
 gating Committee of the Thirtieth Legislature by other witnesses. 
 
 My fellow citizens, since Jefferson announced upon his elevation to the presidency 
 that he would engage in no business, and do no act to increase his private fortune 
 during his incumbency of that great office, we have believed that to abstain from 
 questionable speculation and to abstain from all complications with trusts, monop- 
 lies and "the interests" that did or might come before the National Legislature or 
 any State Legislature, or even the courts of the country, or the people, was one of 
 the peculiar ideals of the Democratic party, and it is true that the conduct of all 
 our Senators and of all our Governors has eminently justified such belief. We have 
 been accustomed to attribute questionable and shady methods to certain members of 
 the Republican party. Blaine in his Mulligan letters; Quay in his raids upon the 
 treasury of the State of Pennsylvania, and all of the methods he pursued ; Piatt, 
 Depew and others — concern us only as regrettable instances of political depravity and 
 a renunciation of the high standard of official integrity to which the Democratic 
 party has always stood pledged. But in view of the indisputable evidence against 
 Joe Bailey we can no longer point to this as an unbroken tradition and lofty ideal of 
 Democracy, nor dare we say that in this behalf virtue rests with the Democratic 
 party alone. 
 
 When Senator Knox, of Pennsylvania, was employed to make an investigation 
 of the methods of the Equitable Life Insurance Company, and had completed his 
 
864 Senator J. IV. Bailey of Texas Unmasked 
 
 labors and crowned them with a learned, accurate and forceful report, there was 
 enclosed to him as compensation for his services a check for $25,000. This he re- 
 turned, stating that he was a United States Senator from the State of Pennsylvania, 
 and that the people who elected him to that great office were entitled to every moment 
 of his time and every effort he could make in their behalf; that he had performed this 
 service, (distinguished and accurate as it was), for his people, and had not asked nor 
 could not receive compensation beyond the consciousness of duty performed, with no 
 expectation of any reward except the approval of the plain people whom he had served 
 in respect to this business. 
 
 John C. Spooner, of Wisconsin, one of the greatest lawyers in the United States 
 Senate, and the peer of Senator Knox, stated in his letter to the Governor of Wiscon- 
 sin resigning his position as Senator: "I have served as Senator for sixteen years, a 
 long time for one neither willing nor financially able to permanently abandon the 
 practice of the law and be taken from his profession. I have been taken from mine, 
 for I have not thought it compatible with the full and uninterrupted discharge of 
 public duty to pursue it, and I have, therefore, during my entire service, with two or 
 three trifling exceptions, purely local, absolutely abstained from the practice of law." 
 
 Be it said to the credit of this great man, that only a short time before he re- 
 signed he declined a fee of $30,000 because he could not undertake the work without 
 leaving his duties in the Senate unattended to. True to the instincts of all right 
 thinking Americans, he laid down the great office of Senator and entered the practice 
 of his profession in the City of New York, willing to take his chances on earning 
 legitimate fees and acquiring wealth without fictitious aid and support of a great 
 ofSce, which he must abuse if he pursued the methods followed by Joe Bailey. 
 
 Now, during all these years of his service to these trusts and corporations he 
 was in the employ of the people at a stipulated salary of $5,000 a year and certain 
 rich perquisites. If you will look at the figures you will see that the money received 
 from the trusts, the monopolies and the "interests" was his principal business, while 
 his service to the people was but a "side line." How do these facts contrast with 
 the bold and fraudulent declaration he made in the Waco Convention in 1900? The 
 miserable investigation of 1901 had not then occurred; the partisan and abortive 
 investigation of 1907 had not then been dreamed of, and the real facts in that inves- 
 tigation are to-day, unfortunately for the people, unpublished. Whose fault is this, 
 that the record, meagre as it is, should be withheld from the inspection of all the 
 people, while this man, Joe Bailey, traverses all of Texas, denouncing men, all the 
 citizens of Texas, who distrust his integrity and who clamor for protection of the 
 honor of the State? 
 
 BAILEY, THE GUILTY POLITICIAN, CRIES CONSPIRACY. 
 
 Against the men who criticise him he has been audacious enough to cry out that 
 it is a conspiracy on the part of his enemies ; first, it is instigated by Hearst ; next by 
 the Standard Oil Trust; next, by the railroads; next by ambitious men who want his 
 place. This is no new cry. It has been the cry of the guilty politician in all the 
 past. Clark, of Montana, who unblushingly bought a seat in the United States Sen- 
 ate, announced that he was the victim of a conspiracy instigated by Marcus Ualy, and 
 then from man to man, Reuff, Calhoun (the last of whom Bailey has been pitted 
 against, they say), under indictment in the City of San Francisco, cry out that they 
 are the victims of a conspiracy. John Hippie Mitchell, the convicted Senator from 
 Oregon, cried conspiracy. The pitiful Senator from Nebraska, who trafficked in post- 
 offices for a commission before he was sworn in, and escaped conviction on the ground 
 that he was not a Senator until sworn in, cried "conspiracy." Joe Bailey had the 
 audacity to charge conspiracy against R. V. Davidson, Attorney General of the State 
 of Texas, because in the discharge of a duty Davidson was constrained to institute a 
 suit against the Waters-Pierce Oil Company to drive it from Texas and recover 
 penalties. Bailey said this was a reflection on him and a political scheme to besmirch 
 his reputation. Sirtce Bailey made that charge the suit has been tried, this conscience- 
 less offender convicted and a fine of $1,629,850 assessed against it for depredations 
 
The Political Life-Story of a Fallen Idol 865 
 
 committed on the people of Texas under the direct and immediate protection of Joe 
 Bailey for the last six years. 
 
 More than this, fellow citizens, when this charge was made Davidson demanded 
 of the Legislature an investigation, and offered himself to appear and answer any 
 charge, while Bailey had a majority of his partisans in the Legislature and had an 
 opportunity to prove any allegations of conspiracy or wrong doing against R. V. Da- 
 vidson, they, in a cowardly manner, backed away from it and denied to jour Attorney 
 General an opportunity before a legislative committee of Joe Bailey's selection to 
 demonstrate his innocence of any offenses against any man or his country. 
 
 What proof has Bailey offered to the country to show a conspiracy against him? 
 Is every patriot in this State who resents an act that means dishonor to his country 
 and shame to his fellow citizens a conspirator? Is Joe Bailey of sufficient importance 
 to seal the lips of any honest man against his treasonable practices against the public 
 policy of the State of Texas, its dignity and its honor? Must the Attorney General 
 of Texas get permission from Joe Bailey to bring a suit against the Waters-Pierce 
 Oil Company or any other dishonest trust for its frauds and offenses against the laws 
 of Texas — must Joe Bailey dictate the scope of the allegations in the petition and 
 limit the course of the evidence simply because he was fraudulently mixed up with 
 the re-admission of the Waters-Pierce Oil Company into the State, and because a dis- 
 closure of his connection with this trust would reflect upon his integrity as a man and 
 an officer? Is not this the limit of "bossism," and if Davidson had yielded to it, 
 would not his surrender have been the limit of shame? 
 
 BAILEY'S TREASON IN THE RATE BILL FIGHT. 
 
 Again, my fellow citizens, we charge that in Bailey's long public service he has 
 never done or accomplished anything for the real good of the people of this coun- 
 try. We charge that some of his most laborious and learned efforts have been made 
 in behalf of "the interests." When the policy of the president to enlarge the powers 
 of the Interstate Commerce Commission, in the creation of which the learned and 
 venerable John H. Reagan took such an active and prominent part ; when all the 
 country knew that the purpose of the President to have further legislation could not 
 be thwarted, it then became the purpose of "the interests" if by any trickery in 
 legislation they could, to incorporate into this measure a provision that would render 
 it unconstitutional, which would require a number of years for the courts finally to 
 determine and pass upon it. In that contest Joe Bailey offered an amendment in sub- 
 stance that no order of the Interstate Commerce Commission should be set aside 
 or suspended by preliminary or interlocutory decree or order of any court or judge. 
 He pressed this with great learning, upon a lot of antiquated authorities, stuffed into 
 him by a Dallas lawyer of better parts than Joe Bailey has. If "the interests" could 
 inject into this bill an unconstitutional provision, it would lead to long and vexatious 
 litigation — to a suspension by injunction of all control over the railroads, pending 
 the determination of that question ; it would have filled the courts of the country 
 with vexatious litigation, and would have wearied the souls of the people. Joe Bailey, 
 in support of his amendment, undertook to say, that judicial power and jurisdiction 
 were one and the same thing, and that it was competent for Congress to destroy the 
 right of the courts to determine that which had always been a judicial question. If 
 he had succeeded in incorporating this into that bill it would have been a treasonable 
 act against our form of government, which is divided, by the Constitution, into legis- 
 lative, executive and judicial departments. He would have destroyed the one to 
 gratify, first, little men without information, whose prejudices would lead them to 
 any rash and inconsiderate legislation that would appear harsh against the railroad 
 companies of the country. He would have played into the hands of the "interests" 
 and the desires of the "interests," as represented by the railroad Senators, by incorpo- 
 rating into the law a provision that would have rendered it nugatory and void. 
 
 Senator Culberson, speaking of that matter, said: "I desire to say now that if 
 the bill undertakes affirmatively to limit or deny the constitutional right of review, 
 that provision of the bill would be void, although the other part of the act might 
 
866 Senator J. W. Bailey of Texas Unmasked 
 
 stand and be effective." And Mr. Culberson further said: "Under the constitution, 
 Mr. President, persons may no more be deprived temporarily of their property with- 
 out due process of law or for public use without just compensation, than they may 
 be deprived of it permanently." IVIr. Culberson recognized as binding upon him, 
 and upon all of us, the provision of the constitution of the United States, and of all 
 the States, that no man's property could be taken, destroyed, or applied to public 
 use, without just compensation being first made, and that this just compensation has 
 always been a judicial question to be determined and settled by the courts. 
 
 Bailey, as we charge, in the service of the "interests," proposed to destroy this 
 by striking down the jurisdiction of all courts — not only the jurisdiction, but the ju- 
 dicial power of all courts to avert such unlawful taking by the issuance of an injunc- 
 tion. 
 
 My fellow citizens, we can not deny the protection guaranteed by the Consti- 
 tution to all men, even to offending monopolies, aggressive railroads and conscience- 
 less trusts, without endangering our own safety. Upon whose judgment would it 
 be safest to rely upon a question like this — Senator Culberson or Joe Bailey? 
 
 Senator Culberson was the Attorney General of your State when your Com- 
 mission law was enacted ; Hogg was the Governor. They both took an active part 
 in the study and In the preparation of that bill. Culberson defended it through four 
 years In all the courts of the country when he was Attorney General, with a distin- 
 guished ability and a marked learning. Himself a party defendant to the suit against 
 John H. Reagan, who was the head of your Railroad Commission, he explored every 
 avenue for judicial Information. Sometimes defeated, but never discouraged, he 
 established before the Supreme Court of the United States, the right of a State 
 through a commission to fix and establish reasonable rates by the Instrumentality of 
 a commission — the Texas Commission.. He did not and could not establish the right 
 to make these rates so close and binding upon the transportation companies that they 
 could not seek relief In the courts against them if they appeared to the railroad com- 
 panies to be confiscatory of their property, or to demand a service for which they 
 were not to receive a just compensation. Not only In this case, but in every case 
 that has been before the Supreme Court, which, permit me to say. Is the most august 
 judicial tribunal on earth, the right of appeal to the courts under the law of the land 
 has never been shaken. More than this, when Culberson passed from the office of At- 
 torney General, he became Governor of Texas, and for four more years was inter- 
 ested in the enforcement of your commission law. It became his duty, and he did 
 keep fully abreast with the march of the people through their legislatures and through 
 their courts to control railway corporations and to enforce a just and equitable and 
 a fair treatment of the people. Culberson took the ripe experience of eight years, 
 gathered from an actual contact with this Identical question. Into the Senate of the 
 United States with him. And when this matter In behalf of "the interests," and to 
 thwart the efforts of the honest and earnest men who desired a reasonable and fair 
 control, was up, the voted against it, nor did he vote alone. Culberson, Bacon of 
 Georgia, Daniel of Virginia, Morgan and Pettus of Alabama, all voted against the 
 Bailey-Tillman amendment. 
 
 WAS BAILEY VINDICATED BY THE THIRTIETH LEGISLATURE? 
 
 Joe Bailey has boasted all over this State that he was triumphantly vindicated 
 by the Thirtieth Legislature. He had no opposition and was backed by a primary 
 endorsement and a convention nomination, both of which were fraudulently obtained 
 by a concealment of facts then well known to Joe Bailey, but largely if not entirely 
 unknown to his constituents. There were eighty-eight votes for him. Twenty-one 
 of this number voted for him because they thought he was the nominee, not because 
 they thought him fit for the office. There were forty-three votes against him. He 
 seems not to know the difference between an acquittal by the unanimous vote of 
 twelve men and a hung jury. 
 
 Bailey never has, never can and never will fairly and honestly discuss the facts 
 of this case. No advocate and no apologist of Bailey can ever do It. Fairly con- 
 
The Political Life-Story of a fallen Idol 867 
 
 sidered, his record is wholly indefensible. He says that no man who opposes or 
 criticises him shall ever fill an office in Texas. We say that no man who advocates 
 or apologizes for Bailey or Bailey methods, shall ever fill an office in Texas by our 
 votes. 
 
 And so the issue is made. We think that in a free Republic it is the duty of 
 every man to think for himself and vote for his country's good. We think that 
 Baileyism means bossism. We think that it is supported by the professional politicians, 
 the grafters, and the hirelings of the trusts and "interests," all of whom are at con- 
 tinual war with the plain people. We believe that Joe Bailey belongs to these un- 
 holy combinations and that his continuance in office for a single day is against the 
 honor and ideals of the Democratic party, and of all the people of Texas without 
 regard to party. 
 
 We have no fear of the rogues' gallery, for whenever the painter puts that on 
 canvas we know that Joe Bailey will head the herd, without any change of his marks 
 and brands. 
 
 We know that there are some little squirrel-headed fellows in this country, 
 who boast (because they have nothing else to boast of), that they were born a Demo- 
 crat, were nurtured on Democratic milk from a Democratic mother's breast, and 
 would always vote for the nominee, though they knew him to be a thief, as long as 
 he was out of the penitentiary. We trust we hold to higher ideals of the obligations 
 of our citizenship than this. If you want us to kneel and worship, you must point 
 us to God. If you want us to vote for a nominee, you must give us His noblest work 
 — an honest man — to vote for. Not only that, but even the honest man must stand 
 for principles and policies promotive of the public welfare and protective of public 
 honor. 
 
 Don't you think, my fellow citizens, that it were just as well to be born a 
 baby and grow up an independent, thinking, and self-reliant man, with some regard 
 at least for the public welfare, for common decency and the honor of your State and 
 people? 
 
 JOE BAILEY DEFEATS A FULL INVESTIGATION AND SUPPRESSES 
 TESTIMONY. 
 
 Joe Bailey ought not to expect the people of Texas to take his uncorroborated 
 word for everything in this case and upon his word to discredit every disinterested 
 witness in the matter who has testified against him. In considering Joe Bailey's 
 contradictory and untrue statements, in reference to all of these transactions, will 
 not the people of Texas, in accordance with the well established 'ules of evidence, 
 consider the direct personal interests Joe Bailey has in all of these matters? Will 
 they not consider the temptation to him to color, pervert and withhold the facts? 
 Will they not consider his failure to produce any letter, telegram or paper in corrobo- 
 ration of his statements? Will they not look to all of these things in determining 
 to what extent, if at all, Joe Bailey is worthy of credit? Finally, will they not con- 
 sider that any witness who is deliberately false in one thing must be considered false 
 in all, and that the strongest presumptions of guilt are to be indulged against a party 
 who suppresses testimony and secretes or runs off witnesses. If it is true that a man 
 who will tell a lie will swear a lie, how much force is added to this frailty of human 
 nature when the man upon the stand is defending a reputation from which he boasts 
 he had an opportunity to make not only the legitimate salary of an office, but thou- 
 sands and tens of thousands, yes, hundreds of thousands of dollars by serving trusts 
 and monopolies engaged in war upon the people. It is hardly to be expected that two 
 men engaged in an unlawful enterprise will disagree in respect to the transaction 
 which speaks the shame of both, but it sometimes happens. It was in thejiower of 
 Bailey to have produced Pierce here, to have produced Bayne here, to have produced 
 the men in the Standard Oil Company, with whom he made a $2,500 fee, to have 
 corroborated what he has stated with reference to these things. Instead of producing 
 them, he refused to call them ; instead of producing them, he has been instrumental 
 in keeping them away; instead of producing them, he forced a discharge of the com- 
 
 11-24 
 
868 Senator J. W. Bailey of Texas Unmasked 
 
 mittee of the Thirtieth Legislature, investigating his crimes, at a time when he knew 
 that four of the Senate Committee would report against him. 
 
 Now, my fellow citizens, Joe Bailey has not been sincere either with the people 
 or with the Legislature. In addressing the Thirtieth Legislature on one occasion he 
 said that he had not started this investigation, which was true, and that he would 
 be the last to call it ofi, which was false. He instigated the conduct of his friends 
 in that examination. He watched it all along the line. He behaved in a way to 
 satisfy any man not given over to the folly of partisanship that he was a guilty man. 
 His friends closed that investigation without the testimony which would have been 
 presented by an examination of the books, vouchers and records of the Waters-Pierce 
 Oil Company, without the testimony of witnesses in the city of St. Louis, who should 
 have been examined, to-wit: C. F. Hatfield, Charles B. Collins, former secretary 
 to H. C. Pierce, W. H. Glancy, J. C. Van Blarcom, James Campbell, Lewis Flautau 
 and H. C. Pierce, himself. That committee was denied, at the instigation of Joe 
 Bailey, the right to send a committee to Nashville, Tenn., to investigate the matters 
 connected with the Tennessee Construction Company, the Tennessee Railroad Com- 
 pany and the disposition of those properties. They were denied an opportunity to 
 investigate the Riggs Bank at Washington. They were denied an opportunity to 
 investigate Pat Calhoun in reference to Bailey's transactions with him for the Kirby 
 Lumber Company, The Houston Oil Company, of John W. Gates, of S. G. Bayne, 
 of the Security Oil Company, of Archbold, Rogers and other Standard Oil magnates, 
 the testimony of H. H. Stein, Norman, Tilford and Wade Hampton, by whom it 
 was desired to prove Bailey's frequent attendance at 26 Broadway, his transactions 
 there and his constant absence from his duties at Washington. They were denied 
 even tiie right to go into the Indian Territory to investigate Bailey's transactions 
 there in respect to the Federal clerkship charge, and while it is true that Joe Bailey 
 congratulates himself and boasts to the country that although his home at Gainesville 
 is just across Red River from the Indian Territory, where he might have stolen the 
 whole country, he avers most solemnly that he never acquired a foot of land or a 
 single mine. 
 
 It certainly escaped Joe Bailey's attention when talking in this boastful way that 
 all of that territory was nailed down and could not have been taken away by Joe 
 Bailey or any combination of Senators. 
 
 In fact, my fellow citizens, when this record had progressed up to the eighteenth 
 day of February of this year, it became apparent to Bailey and Bailey's friends, that, 
 if persisted in, it would lead to such disclosures as would compel Joe Bailey to resign 
 the office to which he had been fraudulently elected by the concealment of facts which, 
 if known, would have deterred any honest representative from voting for him. The 
 opposition to a continuation of that investigation filed by Wolfe and O'Neal and 
 Cobb and J. A. Patten, is altogether inadmissible under the circumstances under 
 which it was filed. They say that they are opposed to continuing the investigation 
 for the purpose of ascertaining what was in the breast of other witnesses because 
 some witnesses disclaimed a knowledge of the things. If we should apply that rule 
 to the investigations of a grand jury seeking to ferret out crime and criminals, it 
 would be an easy matter to obstruct the due administration of the laws of the county. 
 This investigation committee should have been charged diligently to inquire into 
 every avenue suggested by Mr. Cocke, who was forced by the partisans of Joe Bailey 
 to assume a most onerous and unpleasant position, but it delights me to state in justice 
 to him that he met the responsibility as becomes a man and discharged the duty in 
 a manner befitting an old patriot. 
 
 BAILEY'S HYPOCRISY. 
 
 And then, my fellow citizens, look at the hypocrisy of this man. When Burton 
 of Kansas, was convicted and sent to the penitentiary, he took an appeal to the 
 Supreme Court of the United States. When Congress met in December, 1905, his 
 Republican associates in the Senate, at Mr. Burton's own request, did not assign 
 him to any committee. When this fact was made known, Senator Bailey arose in 
 
The Political Life-Story of a Fallen Idol 869 
 
 the Senate and with pharisaical pretention asked why it was that Burton, the Senator 
 from Kansas, was not assigned to any committee. He said further that the Senate of 
 the United States should not await the slow process of the courts; they were the 
 judges of the elections and qualifications of their own members; they had the power 
 of expulsion, and that, if a man was unworthy to be assigned to a committee, he 
 was unworthy to be a member of the Senate. He said, too, that in the enforcement 
 of the criminal law the presumption of innocence attached to every man charged 
 with crime, and that no person should be convicted unless his guilt was established 
 beyond all reasonable doubt. "But," said he, "when a man has been elected Senator 
 of the United States and a charge is made against him, the Senate should investigate 
 it, and that the rule that he should be acquitted unless his guilt was shown beyond 
 a reasonable doubt, should not apply — that a contrary rule should be enforced, and 
 that any Senator charged with any grave offense or with any offense involving moral 
 turpitude or with any offense which unfitted him for a seat in the Senate, should 
 establish his innocence beyond all reasonable doubt, or he should be expelled. 
 
 In this statement he announced a brave and manly rule worthy the approval of 
 all honest and patriotic men. But how does he meet it before the investigating com- 
 mittee of the Thirtieth Legislature, after he had been elected Senator and when the 
 sole enquiry was as to his fitness to hold this exalted place, in view of the crimes 
 charged against him that affected his integrity as a man and his honor as a Senator? 
 When the charges had been preferred at his instigation, and in the form he demanded, 
 the attorneys for the people asked him to take the stand and tell the truth, the whole 
 truth, and nothing but the truth. Before this demand he cowed and quailed. He 
 pleaded that it was a criminal prosecution and that no man could be required to in- 
 criminate himself. He wholly repudiated the position he had assumed on the floor 
 of the Senate of the United States in respect to Senator Burton. He claimed, through 
 his counsel, that some of the charges would subject him to a criminal prosecution. 
 In a pitiful way, by his counsel, he pleaded that it would be a grievous injustice to 
 him to bring him before the committee at that time and undertake to interrogate 
 him on these criminal and quasi-criminal accusations against him. Can any man 
 imagine any other Senator ever elected by the people of Texas hesitating to aver and 
 announce any and everywhere his full participation in any transaction, public or 
 private imputed to him that affected his integrity as a man and his honor as a Senator? 
 My fellow citizens, no more abject spectacle than Joe Bailey's refusal to be sworn 
 to tell the truth, the whole truth, and nothing but the truth, as the first witness, can 
 be found in history. His cowardice in this matter condemns him, and his shrinking 
 away from putting his honor to the touch betrays a consciousness of guilt that no 
 freeman ought to condone. 
 
 Think of any man, conscious of the rectitude of his own conduct, refusing to 
 declare his participation in any transaction, before a legislative committee, which had 
 neither the power to punish him or to remove him from an office fraudulently ob- 
 tained and unworthily held! What becomes of his boasted obligation to prove his 
 innocence ? 
 
 Another man, Mitchell of Oregon, was convicted of the offense of receiving 
 money to represent parties before the Commissioner of the General Land Office. He 
 was convicted and sentenced to the penitentiary. Overwhelmed with disgrace, the 
 poor old man, over 70 years of age, died with a broken heart. When he died it 
 was heralded all over the country, and our self-righteous, unco gude Bailey notified 
 the colleague of the dead Mitchell in the Senate of the United States, that if his 
 death was announced in that body and a motion made to adjourn in honor of his 
 memory, he would be compelled to oppose it. Now think of this. There he was, 
 standing with a front of brass, with over half a million dollars of the Standard Oil 
 Company and other trusts in his pocket, warring not only on the living Burton, but 
 against the dead Mitchell, when the ofifenses they had committed were the merest 
 peccadilloes compared with the gross and infamous treachery, and the villainous be- 
 trayal of the people who elected him, which have been committed by Joe Bailey. 
 What do you think of such hypocrisy as this? 
 
870 Senator J. W. Bailey of Texas Unmasked 
 
 THE ISSUE IN 1908, AND OUR DUTY THEN. 
 
 My fellow citizens, in the next year the Democratic forces of this nation will 
 again be marshalled under some leader to contest the rights of the opposition to 
 dominate the affairs of this Government. Regrettable and painful circumstances 
 within the last five years have demonstrated that the Senate of the United States 
 is the most corrupt body clothed with great legislative power, in relation to its 
 numbers, in the world. That is, that there are, and have been, a greater number of 
 criminals and traitors to the rights of the people in the Senate of the United States 
 than any other class or department of government. If we desire to charge this cor- 
 ruption to the Republicans next year and remind them of Mitchell, of Burton, of 
 Derrick, of Depew and of Piatt, and Borah, can they not retort on us that there 
 was yet enough of virtue in the Republican party to indict and punish thetr traitors 
 and to drive them with shamed heads from public gaze. May they not say, too, 
 it does not lie in the mouths of the Democrats of Texas to reply to this, for they 
 have, it is true, with imperfect and meager knowledge of all the facts elected a man 
 whose treasons are greater than all the treasons of Mitchell, Burton, Derrick, Piatt, 
 Depew and Borah, and what reply can any honest man, in Texas make to this retort 
 by our political enemies? So far as I am concerned, I would not undertake the 
 defence of such a man as Joe Bailey. Not only this, my fellow citizens, but today in 
 order to recover his lost prestige, in order to veneer his wormeaten reputation, the 
 monopolies, the railroad lawyers, or many of them at least, all of them that may be 
 controlled by Harriman and his interests, every conscienceless, practical politician, 
 who looks only to the results of success without reference to the honorable means 
 employed, are organizing to put Joe Bailey at the head of the Texas delegation 
 to the National Convention of the United States to write for us a Democratic plat- 
 form, and we must either submit to this indignity, or we must stand up in our 
 majesty and overturn and overwhelm these conspirators against the good name and 
 credit of the State of Texas. How many of you will be found wanting or recreant 
 in the discharge of this patriotic duty ? How many of you in this hour of trial and 
 danger will stand by the ideals of your fathers and defend by your votes now the 
 honor of the State which they have bequeathed to you? More than this! This 
 arrogant blackguard has announced and reiterated that no man who opposed him in 
 the past or opposes now need ever expect a political oflRce in Texas. He has 
 named Barrett to beat Randall, and he has brought out Looney to be your Attorney 
 General, feeling that if he can put one or all his partisans in the offices In Texas, he 
 can have an absolute machine which will support him in his undemocratic and unpa- 
 triotic practices, and shield him against prosecutions for his crimes in every court. 
 Are you ready today to pledge yourselves one to another, that in vindication of the 
 honor of the State of Texas, no man can receive your vote for any office from con- 
 stable up, who dares endorse the practices of Joe Bailey or apologizes for his methods 
 or misdeeds. The times call on all of us to be sturdy, brave men and do our duty to 
 our country and to our fellow men. 
 
 WHY SHOULD ANY DEMOCRAT BE CONTENT TO LET JOE 
 BAILEY CONTINUE HIS SERVICE IN THE SENATE? 
 
 And then, again, my fellow citizens, alone of all the Democratic Senators in the 
 South, alone of all the representatives of the South, Joe Bailey stands convicted 
 of high crimes and misdemeanors. When, at his instigation, the committee appointed 
 to investigate him was discharged, because he had learned that the committee in 
 the Senate by a majority vote would have reported against him, he forced by a 
 majority vote of his partisans in the Legislature, * * * a discharge of the 
 committee without a report. He returned to Washington, and there he sat, sur- 
 rounded by old Senators Morgan and Pettus, by White and Raynor, of Maryland, 
 by Daniel and Martin, of Virginia, by Simmons and Overman, of North Carolina, 
 by Bacon and Clay, of Georgia, the Senators from South Carolina, the Senators 
 
The Political Life-Story of a Fallen Idol 871 
 
 from Florida, the Senators from Louisiana, the Senators from Kentucky, Mississippi 
 and Arkansas, and by Charles A. Culberson, the Senator from Texas. There has 
 never been the smell of corruption on the political garments of any of these Sen- 
 ators, nor of any Senator from the South since reconstruction days, except in the 
 case of Joe Bailey. He has been elected. The Legislature, recreant to its duty, 
 under an idea that it should obey its instructions, voted for this man for United 
 States Senator, and voted for him, not that he was fit for the place, but because 
 he was the nominee. Suppose that when Joe Bailey ran for the Senate last year the 
 people had known that he had received all of this money from the Waters-Pierce Oil 
 Company, that his name as "republish" was on the secret code of these trusts and 
 monopolies, and that he was and had been in the active service of the Standard 
 Oil trust, the Security Oil Company, the Kirby Lumber trust, the Tennessee rail- 
 road matter, and all of the rich and monopolistic concerns from whom he had been 
 taking money for years under the guise of fees — does any man believe that the good 
 people of Texas would have honored him with their support? No fair-minded, just- 
 thinking man would assert it. He has attempted to thwart all investigation. He has 
 suppressed all testimony. He attempted to brazen out the case against him with 
 a most audacious impudence. He mounts the hustings and denounces good men and 
 true all over the State as hyenas, as liars, as scoundrels. When he returns to the 
 Senate in December to be sworn in, he will take his seat, the one suspect on the 
 Democratic side. There he will sit, with the brand of infamy upon his brow, cov- 
 ered all over with the confluent postules of political disgrace, stewing in corruption, 
 steeped in villainy, false to every trust, a traitor to his country, and for five years he 
 will be a burning shame and an everlasting dishonor to the great State of Texas 
 and to the trusting, confiding people whom he has infamously betrayed. 
 
 Today we implore the spirits of our fathers, of our dead heroes and statesmen, 
 in the name of all the sacred and honorable memories of the past, to come back to 
 us in the first hour of our country's shame — to quicken our hearts and consciences, 
 to inspire us anew with that love of liberty and honor which glorified their lives, to 
 strengthen our arms and purpose to blot out this black spot, to redeem our coun- 
 try from the oppressions of wicked trusts and to restore our government to the people, 
 to be administered under just laws, made and executed by honest men. 
 
872 Senator J. W. Bailey of Texas Unmasked 
 
 CHAPTER XLII. 
 "THE COCKE OF THE CHAPARRAL," INCLUDING: 
 
 a. The Quiet, Persistent Prosecutor, 
 
 — By Frank Putman. 
 
 b. Fights Oil Trust Singlehanded, 
 
 —By Charles Abbott. 
 
 c. Cocke of Bexar, 
 
 — Dallas Times Herald. 
 
 d. Other Editorial Comment. 
 
 THE QUIET, PERSISTENT PROSECUTOR. 
 
 (By Frank Putnam.) 
 
 When Representative W, A. Cocke went from San Antonio to Austin, by invita- 
 tion to stump the country in the second primary, called after revelation of Bailey's 
 relations with the Waters-Pierce Oil Company, the anti-Bailey committee proposed 
 a joint debate between the senator and Mr. Cocke. It is said that Mr. Bailey retorted 
 "Does he expect me to kick him into celebrity?" 
 
 Now, by the irony of fate, it is Mr. Cocke who is "kicking Bailey into celebrity." 
 This young man — he is but 32 years old — has conducted a remarkable campaign 
 against great odds, before the legislative investigating committee. He was forced to 
 go to trial two days after he took the case. He had some volunteer counsel for a 
 brief period, but has had to bear most of the burden of the prosecution single-handed. 
 The committee would not even provide him with a stenographer, and but for the 
 gratitude of certain private citizens of Austin, who remembered how he helped them 
 carry the county against Bailey in the second primary, Mr. Cocke would have to pay 
 for a stenographer out of his own pocket. These gentlemen have done for him 
 what the committee ought to have done, and would have done, if it were not too 
 obviously determined to hamper and hinder his work at every step. 
 
 He assumed the great responsibility of formulating and filing charges against 
 the senator at a time when scores of other members, of greater experience, fully believed 
 in the truth of the charges, but lacked the courage to lead a fight for an investigation. 
 With a courage as fine as it is rare, he challenged the most powerful political machine 
 this State has known, at the height of its power, and by sheer force of sincerity, 
 courtesy and persistence he has brought to light an array of evidence, direct and cir- 
 cumstantial, sufficient, and far more than sufficient, to justify the charges he brought 
 against the senator. Texas ought to be proud of this man. In fine contrast with 
 the blustering, threatening, arrogant policies of the senator and his allies, in and out 
 of the committee, Mr. Cocke has shown true courage of the best kind. He has 
 been courteous alike to friend and foe, showing no sign of personal feeling against 
 the accused senator, and has made no play for public sympathy, doing each day his 
 duty as he saw it, unmoved by present slights and sneers and unawed by the menace 
 of future vengeance to be taken by his powerful opponents should he again presume 
 to be a candidate for office. 
 
 He is of medium height, solidly framed, his hair is black and curly and his eyes, 
 friendly and sympathetic eyes, are gray, merging into black. His speech is low-toned, 
 deliberate, clean-cut. He has the look and manner of the scholar or the artist 
 rather than of the politician. His kindly temper would predispose him to humor 
 rather than to wit, yet he has shown on several occasions during this investigation that 
 he does not lack wit. As, for example, when he was examining Judge Scott, of 
 Waco. The Judge, with no apparent perception of the impropriety of a judicial 
 officer conducting a political campaign for another man, told how he managed 
 
The Political Life-Story of a Fallen Idol 873 
 
 Senator Bailey's campaign in McLennan county, and laid stress upon the pleasure 
 it gave him to do this. He had previously told how Senator Bailey's personality had 
 been brought into the Waters-Pierce cases then before his court, and had shown that 
 he saw no impropriety in the senator's action, either. 
 
 "Judge," said Air. Cocke, "did you not introduce Senator Bailey at a meeting 
 the night before election?" 
 
 "I did," the judge replied, "and I would be glad to do it again tomorrow, if I 
 had a chance," 
 
 "I am quite satisfied of that, judge," said Mr. Cocke, dryly. "That is all." 
 
 The judge's chubby smile paled a shade or two, just for a moment, as if he were 
 dimly conscious that something had happened to him, but didn't know what. 
 
 Mr. Cocke is a lawyer by profession and had worked up a good practice before 
 he was asked by some of the business men of San Antonio to stand for the legislature. 
 He did not especially desire to drop his business for politics, but as his grandfather 
 and two of his uncles had been members of the Texas legislature and his family had 
 always taken an intelligent interest in the affairs of the state, he decided to make the 
 race. His opponent was a representative of union labor, and the practical politicians 
 of the city and county assured him that he was beaten before he started. He went into 
 the campaign with the same energy that he had applied himself to his law practice, 
 and won the election with 600 votes to spare. 
 
 At the primary in July he had voted for Senator Bailey. Later, in view of the 
 Waters-Pierce revelations, he made up his mind that he could not support the senator 
 for re-election. He made no secret of this fact and it soon reached the ears of the 
 senator. Mr. Bailey shortly after visited San Antonio and sent for the three repre- 
 sentatives to come to his room at the Menger hotel. The other two went. Mr. 
 Cocke declined to go. The senator demanded his resignation. He refused to resign. 
 He was thoroughly convinced of Bailey's unfitness for office, and could see no good 
 reason for putting his people to the expense of a second election. So he stood pat, 
 having made up his mind to do his duty as he saw it. If his people were not satisfied 
 with his course they could elect another man in his place next term. Then he was 
 called to Austin to speak in the fight made on Bailey in the second primary. In the 
 same lordly temper that led him to send for the San Antonio representatives as for 
 vassals, Mr. Bailey scornfully declined to meet the young San Antonian in joint 
 debate. But luck was against the senator, and the cause advocated by the young 
 man from San Antonio carried the day. 
 
 When he came down to the legislature, the few members then openly opposed 
 to Senator Bailey began looking up the man from Bexar county. Presently he and 
 Senator Senter had gathered around themselves the nucleus of a caucus comprising 
 a strong minority of the house. The discussion of the grave revelations of Senator 
 Bailey's relations with corporations grew in volume and in heat, yet it was evident that 
 unless some one member would personally shoulder responsibility for formal charges, 
 the rebellious upheaval would pass and nothing come of it. This young man, conceiv- 
 ing it to be his most solemn duty to shoulder that responsibility, did so. He knew that 
 he would be ridiculed, denounced and finally thwarted if the Bailey machine could 
 bring it to pass. But there was his duty and he was content to undertake it, leaving 
 results to be determined by the future. 
 
 The effectiveness of his labors In bringing home to the senator the long array of 
 personal and official actions proclaiming his unfitness to hold the office of United States 
 senator is attested by the virulence of the attacks made upon Mr. Cocke in the Bailey 
 organs of the state. Despite numberless affronts in committee and daily lying reports 
 of the most maliciously false character published in certain partisan newspapers, Mr. 
 Cocke has with perfect self-control and admirable pertinacity kept on at his bitter 
 and thankless task. 
 
 Today he is beginning to receive some measure of that long overdue appreciation 
 which he has so fairly won. I found him not disposed to talk about himself or his 
 work, not seeking notoriety, satisfied to do to the best of his ability a service that 
 he felt he owed to the state. 
 
874 Senator J. IV. Bailey of Texas Unmasked 
 
 If the Bailey machine proves to be powerful enough to defeat him for re-election 
 next term, he will, I am convinced, be pleased rather than disappointed. But the 
 state has further need of his services. He is a strong, clean man, and is growing in 
 power and usefulness. The more men of his kind that Texas can draft into her 
 service, the better she will be served. — Houston Chronicle, Feb. lo, 1907. 
 
 FIGHTS OIL TRUST SINGLE HANDED. 
 (By Charles H. Abbott.) 
 
 When the convictions of William A. Cocke led him to, single handed, attack a 
 United States Senator and a powerful financial organization, he sprang into view as 
 one of the central figures in the remarkable drama now being enacted in Austin. 
 
 The result of the act, as the investigation develops the characteristics of the 
 man, have been remarkable. By the effect noted a remarkable awakening of sentiment 
 has evolved, as the postmaster at Austin can bear witness. From the length and 
 breadth of the state, and even from the far boundaries of the country, have poured 
 epistles that tell a story. 
 
 The story is one of William A. Cocke, personal and close. While the letters 
 indicate a spirit thoroughly aroused among the thousands who have taken the time 
 to congratulate him and offer their moral support, they indicate that the man has 
 loaned something to the cause he represents. His acts have rebounded to the proof 
 of his conviction. The conviction is now contagious. 
 
 In 1853 his parents moved to Texas and his father was introduced to the state 
 of his adoption from the pulpit of a church. 
 
 Comparatively obscure, the progenitor of the present actor was known to but 
 few. The boy grew up in an atmosphere of inspiration, enthusiasm and grace at 
 the table. 
 
 He moved to San Antonio and as he grew to manhood took up the practice 
 of law. Still he was obscure, and received letters that did not burden the mail carrier 
 or inconvenience the postal clerk. 
 
 He was still an enthusiast when he learned of the evidence that existed against 
 the "greatest man in the democratic party." 
 
 "First I was appalled," he explains, "then I was ashamed for my state, and then 
 I resolved to do what I believed no one else would do." 
 
 He has done it, and the awakening of Mr. Cocke has been the awakening of 
 thousands in Texas. As if characterizing the rise of a remarkable sentiment in the 
 land that is made the last standing ground in the battle of the individual against 
 that composite business sense that is conscienceless. 
 
 LETTERS OF ENCOURAGEMENT. 
 
 The enthusiasm awakened by Mr. Cooke in his sacrifice is reflected in his daily 
 mail. At first the letters came rather infrequently. Mr. Cocke in his enthusiasm 
 was just being introduced to Texas. His curly black hair and his round boyish face, 
 were unknown to many, even in Austin, and his near-sighted eyes rather infrequently 
 lit up with evidences of recognition. 
 
 Now it is different. Since he hurled himself full tilt against a United States 
 senator and the Standard Oil for an impossible struggle that can be really success- 
 ful only in his defeat, he is known and spoken of throughout the length and breadth 
 of Texas and in distant parts of the country. 
 
 Others less courageous and less enthusiastic have absorbed some of his inspiration. 
 Thousands have given him the moral support that is necessary under such trying 
 circumstances to counteract the effect of denunciation and abuse. 
 
 Day after day he undergoes painful experiences among the professional politi- 
 cians in the Texas capital. When he walks down the street he is frequently made the 
 subject for cutting remark as he passes. When he sits in the cafe equally cruel 
 and equally cutting conversation passes between those who pretend to be gentlemen, 
 but speak in loud tones for his benefit. 
 
The Political Life-Story of a Fallen Idol 875 
 
 Those who arc with him are not so conspicuous in the crowd he faces as are 
 the silent ones in the business houses and the homes. Austin voted against Joe Bailey, 
 but it is not from the Capital City that Mr. Cocke receives the major part of his 
 support. 
 
 To testify to this are the postmasters of Texas. Daily comes a fresh collection 
 of letters couched in such terms as indicate the contagion of the awakening and the 
 tone of enthusiasm. 
 
 Most of them are confidential. Many are written by business men who have 
 reason to fear the power of the trust and the machinations of influential men in 
 politics. Some are from ladies who appreciate the spirit of bravery and inspiration 
 that impelled the young man from San Antonio to the task he has assumed. 
 
 'Tight them to the last shot in the locker," read a telegram Mr. Cocke accident- 
 ally happened to drop on the floor of the room in which the sessions of the committee 
 are held. 
 
 Fighting is something to which Mr. Cocke is accustomed. Once he thought 
 he had conquered the world at 25. He owned a store and a stock of goods. One 
 night it burned. Meanwhile, he had been studying law at nights, and the catastrophe, 
 for such it was — the goods were uninsured — only precipitated the crisis. 
 
 With nothing more than a horse and buggy, several thousand dollars in debt, 
 a wife and family, he started for San Antonio, and he made the trip over the dusty 
 roads because he could not well afford to buy a railroad ticket and prevent starvation. 
 An old shorthand book fell into his hands and he studied hard while his wife dictated 
 and helped. He was granted permission to work in a law office, and was surprised at 
 the end of the month with the payment of a salary. Gradually he advanced until 
 he was making $75 a month in a large office for stenographic work. Meanwhile he 
 had been admitted to the bar. 
 
 President Prather of the University went to San Antonio. He met Mr. Cocke 
 and employed him upon the condition that the young man be permitted to take the law 
 course. 
 
 President Prather died. His secretary had in the departments of the institution 
 won high honors. W. A. Cocke went back to San Antonio after a bitter experience, 
 and opened his office in partnership with his cousin. There he was practicing when 
 called upon to go to the legislature by a committee of business men. 
 
 Even then he was not opposed to Senator Bailey. The startling disclosures of 
 the voucher record, however, set him to thought. Bailey came to town and sent for 
 Mr. Cocke. The representative did not appear. 
 
 The next morning appeared an interview that settled the question, and another 
 fight in a stormy life was started. The circumstances have represented something of 
 an inspiration. Single handed and alone he has faced a remarkable array of forces. 
 
 It takes money to fight the Standard Oil Company, and Mr. Cocke has essaj-ed 
 to do so without funds. He has received some moral support, however, as his mail 
 testifies. 
 
 Upon the table in his room the unfiled epistles are piled high. Mr. Cocke 
 will not show them even to his friends, but one was copied as an embodiment of all 
 that counts in the struggle. 
 
 "Whom the (Standard Oil) gods would destroy, they first make mad by sicking 
 their snipping pups on 'em. Keep your head. 
 
 "I want to commend you for the relentless way in which you have conducted 
 the investigation of Bailey, and the manly, dignified manner in which you have met 
 the indignities and insults heaped upon you while you held steadfastly to your purpose 
 in your efforts to disclose to the people of Texas — Truth. 
 
 "Inherent justice and the native sense of right of all Texas citizens are with 
 you." 
 
 Scarcely less remarkable than the fight is the sentiment aroused. Men of prom- 
 inence from over the entire United States have taken time from their business affairs 
 to join in the plaudits for the courage and enthusiasm shown. 
 
 Meanwhile, Mr. Cocke has "kept his head," and is giving them ever}' shot in 
 
876 Senator J. IV. Bailey of Texas Unmasked 
 
 the locker. During the examination when a witness called committed the act of 
 returning one of Mr. Cocke's letters to Senator Bailey and it was read in open 
 session, with the statement that a majority of the committee were opposed to a fair 
 and full investigation, the chairman took occasion to call Mr. Cocke a liar. The 
 face of the complainant went white with anger, and resentment, but he held his 
 temper. A break would have been fatal and he had seen the statement go on the 
 record. 
 
 In the afternoon he promptly reiterated his statement as contained in the letter; 
 and offered his reason for so doing. That communication did not reach the record, 
 by order of the man who had so used his position as to offer the insult. It contained 
 such obvious truths that it stung. 
 
 But it is not the contents of the letters received so much as it is the fact of their 
 receipt that marks the effect of his action. When he awakened to the fight himself 
 he stirred a sentiment beyond description. 
 
 What Mr. Cocke would do was demonstrated by what he had done. It is inher- 
 ent in the blood and comes from something not unlike an inspiration. Almost every 
 issue in his early life indicates a school of preparation for what he is now facing in 
 a single handed fight, has aroused an admiration for his courage, and in that very 
 fact awakened the spirit that admires pluck and determination. His convictions that 
 have led him so far have been consummated as if by contagion as the unequal struggle 
 continues — Houston Chronicle, Feb. lo, 1907. 
 
 COCKE OF BEXAR. 
 
 Dallas Daily Times-Herald: All the world loves a fighter; all the world loves 
 a man who is resolute and courageous and sincere ; all the world loves a manly man 
 who fights on for prmciple and conviction and a sense of right. All the world loves 
 a man who declines to be bulldozed or intimidated or brow-beaten, who feels that he 
 is right and fights on regardless. A man of this type, of this calibre, may make mis- 
 takes, but real men who are not frenzied partisans, will honor him for his loyalty to 
 conviction and his devotion to the cause of the people and the best interests of 
 his commonwealth. There is a man of this calibre in the public eye today, a plain 
 man of the people, who came from the farm and has fought on for his conviction, for 
 the right as he sees it. He has braved the threats of party leaders, braved ostracism 
 and threats of final undoing, braved the wrath of powerful bosses and defied all the 
 machinations of those in power. He has combatted able lawyers, he has faced a 
 hostile chairman, he has endured the insults and taunts and jeers of political oppo- 
 ments and he has ignored the puerile attacks of newspaper organists who have done 
 their level best to ridicule, terrorize or frighten him into silence. No man in Te.xas 
 history has ever fought such a terriffic battle, with odds so overwhelmingly against 
 him, as Cocke of Bexar and no man in Texas history has ever borne himself so man- 
 fully and so fearlessly as this Cocke of the chaparral. Pounded by a powerful com- 
 bination of party leaders; assailed and assaulted by the partisans of those leaders; 
 hammered and harassed by powerful newspapers; misquoted and misrepresented and 
 maligned by malevolent foes and merciless critics, Cocke has never faltered, never lost 
 heart, never evaded, never showed the white feather, never quailed in the face of 
 danger and never quit. "God hates a quitter," it is said. If so, God must have a 
 warm spot in His heart for the Cocke of the chaparral. He, of all men, with 
 everything to lose, on the roster of the Thirtieth legislature, had the courage to file 
 the charges and when he filed them he burned his bridge behind him, placing his trust 
 in his God and the people. He was there at the beginning, he never has deserted 
 his post, he will be in at the finish and his flag is still there. 
 
 A bold and open and courageous fighter, without malice in his heart but with red 
 blood in his veins, is preferable to a timid follower or a side-stepping friend. Cocke 
 fights for conviction sake, he fights in the open, he fights according to the rules and he 
 neither asks or gives quarter. In thousands of Texas homes his name is loved and 
 revered today and in thousands of Texas homes, though men may damn him for the 
 fight he has made for a real investigation of their idol, they must also admire him for 
 
The Political Life-Story of a fallen Idol 9>77 
 
 his pluck, his gameness and his Texas grit. Cocke has come and he has come to stay. 
 And the Times-Herald, which admires a fighter who fights fair, even though that 
 fighter may not mark its banner, extends its compliments to the Cocke of the chap- 
 arral. He stood to his guns, he has never temporized, compromised or retreated in 
 the face of overwhelming numbers or the ear-splitting bombarding of the enemy's 
 cannon. Dogged and defiant and never despairing, he has shown the world what one 
 man can do fighting for what he believes to be right. Bryan has been canonized, 
 LaFollette idolized and Folk lionized for the parts they have played in American 
 politics. And yet these men had Sunday School picnic parties to play when one con- 
 siders the everyday experiences of this son of the Alamo since he assumed the role of 
 prosecutor for the people at Austin. 
 
 Ernest Colby fought the machine to a finish in New Jersey. Wilh'am A. Cocke 
 is the Ernest Colby of Texas. 
 
 CONCERNING MR. COCKE. 
 
 Colorado Citizen: In the Bailey investigation. Representative Cocke of Bexar 
 looms up as a conspicuous figure — a man honestly and devotedly attached to duty 
 against all odds, "without variableness or shadow of turning." Throughout it all 
 he showed a brave, courageous spirit, working steadily for what he conceived to be the 
 best interests of Texas ; and Texans love and glory in such a man. 
 
 Belton Journal-Reporter: Of the many faults found against William A. Cocke, 
 the gravest is: Like the younger Pitt, he is chargeable with "the astrocious crime of 
 being a young man." These things ought to be made the subjects of legislative inves- 
 tigation. He should have had the foresight to be satisfied with being seen and not 
 heard. The era of young men began and ended with Joesph W. Bailey. It was quite 
 the proper thing for him, as a mere stripling, to rush into the arena and unhorse old 
 man Hare, but all that is past. It looks also as if the Methodist church were conspiring 
 to compass Senator Bailey's defeat and thereby to disrupt the democratic party. 
 Furthermore, why should people be so thoughtless as to continue sending indorse- 
 ments, flowers and gold medals to Mr. Cocke? Don't they know that they are laying 
 up wrath for themselves against the day of wrath ? 
 
 Dallas Times-Herald : William Alexander Cocke has been a fighter all of his 
 life. His father was a fighting Methodist minister before him and the father is still 
 setting a good example for his son. The man who dared to bring charges against 
 United States Senator Joseph Weldon Bailey is a native Texan, and he has expe- 
 rienced all the vicissitudes and privations of the early settlers of southwest Texas. 
 Cocke was a farmer before his admission to the bar, but while he was studying the 
 common law digest and following the words of Blackstone he was also making a living 
 on a forty acre farm in Kerr County and raising a family. 
 
 William Alexander Cocke is now holding his first political position and he has 
 had more experience, perhaps, in his short career as a public man, than any other 
 legislator. But Cocke is accustomed to the strenuous life and the present condition 
 of affairs in Austin which places him in a central position does not seem to disturb 
 his equilibrium. He grows fat on abuse, becomes congenial when snubbed and laughs 
 when his enemies show their teeth. There is bound to be a lot of Dutch in Cocke. 
 He refuses to lose his temper no matter what turns up to provoke him and he is 
 going to stay in the game to the finish. His audacity has swept an entire legislature 
 off its feet, and his ability to take punishment has won for him the admiration of all 
 persons who have just the least tinge of sporting blood in their veins. He has met 
 Joseph Weldon Bailey at his own game and has not been found wanting. 
 
 A TRIBUTE TO W. A. COCKE. 
 
 To the Editor of The Chronicle: 
 
 We have just witnessed a rare display of heroic courage and civic daring in 
 defense of plain, honest dealing in high places. I refer to the attempt to uncover 
 Senator Bailey's dealings with the enemies of the republic 
 
 The senator's great wealth, suddenly acquired through his connection with various 
 
878 Senator J. IV. Bailey of Texas Unmasked 
 
 predatory trusts and "Standard Oil" aliases, has excited such distrust of him, as a 
 proper representative, that the legislature ordered an investigation. 
 
 Here the trouble began. Mr. Bailey, arrogant and masterful in his dealings with 
 men, having "downed" an investigation six years ago, hurried to Austin and 
 attempted to lay out the matter and manner of the inquiry; he came near doing it. 
 At this juncture Hon. W. A. Cocke, of San Antonio took up the mailed glove of the 
 Standard Oil champion, slapped him in the face and defied this modern Goliath to do 
 his worst. With rare fidelity to the people, he maintained the fight for six weeks, 
 almost single-handed, against this man of Gath. There was no senatorship or hope 
 of reward, except duty well performed. n* r^ i 
 
 I think something more than a laurel crown should be awarded to Mr. Cocke. 
 Some of us, among the many, many score thousands, who have admired the darmg 
 of this fight against the masterful hands of corporate wealth and high oflfice, and 
 who see in this extraordinary investigation the laying of the lines for the greater battle 
 of the people against corporate greed and vested rights, should get together and 
 make a votive offering to Mr. Cocke worthy the man and the occasion. 
 
 George W. Knight. 
 
 San Marcos, Texas. 
 
 COCKE WILL FILE SPECIFIC CHARGES. 
 
 Austin Tribune: There is one legislator, in the person of William A. Cocke of 
 Bexar, who is willing to make and file specific charges against Senator Bailey with the 
 senate' committee and stand the fire of the enemy. Senator Bailey stated in his speech 
 yesterday that he would like to look the man in the face that will file charges against 
 him. Senator Bailey requested the members of the house to proceed in their own way, 
 but for some one to stand responsible for them. 
 
 Mr. Cocke, who has been a prominent figure in the recent controversy, without 
 fear of "digging his own grave politically," has answered this challenge. 
 
 BAILEY THREATENS HOUSTON. 
 
 Houston Chronicle, April 4, 1908. (Frank Putnam.) 
 
 Four thousand people, most of them hostile and nearly all of them in search of 
 sensational entertainment, went up to the Houston Auditorium Monday night to see 
 Joe Bailey bore for oil. But the best that he could do was to give them a gas blow- 
 out. And it was a poor grade of gas at that. 
 
 Bailey is licked, and knows it. 
 
 Last night the senator talked himself to a groggy standstill through nearly 
 three long hours in a vain effort to delude his hearers. 
 
 He failed, because those people know the facts. 
 
 In Houston, as at Lufkin, he dodged the actual issue. He dared not face it, 
 for it damns him, and he knows it. 
 
 He who was lately so arrogant, crushing down all oposition with his party 
 chariot, is now fighting on the defensive, backing away and losing strength and cour- 
 age at every backward step. 
 
 Himself arraigned for treason to his state, the gravest crime in the whole calen- 
 dar of crimes. Senator Bailey dared not take up that arraignment and answer it, 
 item by item. He did what every beaten lawyer does, he abused the opposition. 
 
 Here and there in the huge audience a solitary voice cried out, "Give it to them!" 
 the voice of the bloodthirsty rabble at a Mexican bull ring; but the great audience for 
 the most part sat silent, unresponsive through his abusive harangues. 
 
 A TRIBUTE TO THE CHRONICLE. 
 
 Twice, and only twice, did he evoke a response from even one-third of his 
 auditors. Once was when, with bitter, deceitful demagogy, he dragged from the 
 dusty past the scarecrow of negro domination, charging that Cone Johnson advocates 
 white women teachers in negro schools. The second time was when, answering a 
 
The Political Life-Story of a falhii Idol 879 
 
 cry from the gallery, "How about The Chronicle?" he said with a silly leer, "We 
 ' can't discuss The Chronicle in the presence of the ladies." There was an instant 
 yelp and howl of applause from perhaps a thousand people on the stage and in the audi- 
 ence. It was a testimonial to The Chronicle's efficiency in subduing in this com- 
 munity the lawless elements of society, low and high. 
 
 HIS VEILED THREAT AGAINST HOUSTON. 
 
 The senator somewhat subdued his disgusting egotism in his Houston speech. 
 He did not say that he is the greatest man in the American senate, nor boast of 
 his achievements as stoutly as he has done at other places. Yet he could not quite 
 conceal his contempt for common men, his profound self conceit. He uttered a veiled 
 threat that if Houston shall vote against him he will lock the doors of the United 
 States treasur)' against this city for the balance of his life. What he meant was that 
 unless the honest men of Houston shall vote approval of his gross sell-out to the 
 oil trust he will prevent the federal government from appropriating any more money 
 to improve Buffalo bayou. Having driven home this veiled threat, he tried to take 
 the edge off it by saying with an air of pious resignation that even if Houston has 
 enough "bad men" to defeat him here, he will forgive the city for its good men's 
 stake. 
 
 Is that the language of a ser\'ant or of a master ? 
 
 How do Houstonians like it ? 
 
 Will they crawl humbly to the polls May 2 and vote for this brazen braggart, 
 in fear and trembling lest he rob them of their right of federal aid in developing 
 Houston's channel to the sea? 
 
 Or will they at the polls serve notice on him, as they would upon any other 
 impudent servant that mistakes himself for m.aster, that he is to do their bidding or 
 get out of office. 
 
 Has Houston no other public servants than Bailey? 
 
 Is there not a congressman from this district named Moore? 
 
 Is there not a senator from Texas named Culberson? 
 
 And so, do these men serve Texas, or do they serve Bailey? 
 
 Will they take orders from Texas to get federal money to complete the Houston 
 ship channel, or will they take orders from Joe Bailey to oppose federal appropriations 
 for the Houston ship channel? 
 
 I have seen Eastern states, enslaved by bought political bosses, rise in fierce, 
 eflfectual resentment of insults much less flagrant than this one. 
 
 Will Texans stand for it? 
 
 HIS IGNORANCE OF THE LABOR PROBLEM. 
 
 The senator tried hard but vainly to escape from the true charge that he voted 
 against the federal eight-hour law. He repeated the corporation platitudes about a 
 man's right to work as long as he wishes, and uttered the absurd statement that if the 
 federal government can make a law limiting a day's work to eight hours, it can with 
 equal ease make a law lengthening a day's work to i6 hours. He loves workingmen 
 too well to allow them to be subjected to such "involuntary servitude." Had the 
 senator studied the labor problem one-half as zealously as he has studied ways and 
 means to help an outlaw trust defeat the laws of Texas, he would have known that 
 the workingmen in his audience have long since threshed out and discarded that 
 cheap sophistry. 
 
 In this as in every other instance where he attempted to answer a direct charge 
 against his record, he wiggled and floundered only to sink deeper into the mire of 
 general condemnation. This he perceived, and quit trying to defend himself, early in 
 the evening. Thereafter he continued in his usual strain, uttering maliciously false 
 and misleading half-truths, half-lies about the men that are leading the fight to free 
 Texas from the rule of the Standard Oil trust and its bought senator. 
 
880 Senator J. IV. Bailey of Texas Unmasked 
 
 HE WILL DRAW PAY FOR WORK HE HAS NOT DONE. 
 
 Where was Governor Campbell, and where Senator Culberson, and where 
 were all the other big, clean public men of Texas Monday night? 
 
 Were they on the stage cheering and supporting Senator Bailey. Did they, 
 being absent, send him messages of faith and good cheer? 
 
 They were on their jobs — busy at the people's work that they are hired to per- 
 form. Their absence was a silent but sufficient rebuke to this man who assumes to 
 dictate to the people, not to serve them. 
 
 "I stand upon this principle," the senator shouted: "No work, no pay."_ 
 
 Will the senator refuse to accept pay for the weeks he is spending in Texas 
 away from the work the people hired him to do at Washington? 
 
 Not for a minute, gentle reader. He rates himself above the common herd. His 
 principles are all for lesser men. If you work for him, he docks you for a day ofl 
 duty; but if he hires out to work for you, at a fixed salary and on a particular job, 
 in a particular place, he can run around the country at his will, deserting his post; 
 he can come home and dictate to you how you shall run your business, whom you 
 shall employ for other jobs, and keep right on drawing your pay for the work has 
 not been done. 
 
 NO WONDER HE HATES COCKE OF SAN ANTONIO. 
 
 "They made those charges against me — or rather they procured a little idiot from 
 San Antonio to make them," he said, referring to the 42 charges filed against him 
 at Austin in the legislative investigation of the winter of 1906-07. 
 
 Why, men of Texas, there is more manhood in that "little idiot's" little finger 
 than there is in Joe Bailey's big fat body. When older, more experienced men stood 
 back in dread of political consequences, that "little idiot," the gamest man in Texas, 
 and as pure a patriot as ever led a forlorn hope in battle, that "little idiot" put his 
 name to charges whose essential truth you all now know has been established, and 
 fought as brave an uphill fight for public honor and public safety as any man ever made. 
 
 When the impartial history of this infamous scandal, this story of bought treason 
 and unblushing shame, is written for the future, as rest assured it will be written, no 
 name in all its many pages will shine with brighter luster than that of the "little idiot" 
 from San Antonio. 
 
 His father and his grandfather before him were members of the legislature of 
 Texas, men of honor and ability. Their hands were never soiled with treasonable 
 "fees." And he, like his clean, manly forbears, has served his state with honor and 
 with great ability. William A. Cocke, the "little idiot" from San Antonio, worked 
 his way through the university, won honors there. He never betrayed a client at 
 the bar, and he never sold his state into the hands of its outlawed enemies. He dared 
 the mighty wrath of Goliath Bailey at the height of Bailey's power as master of the 
 Texas democratic machine. He is a man. 
 
 No wonder Joe Bailey hates him, defames him at long range, as he would 
 not dare defame him to his face. 
 
 PIERCE's PALPABLE CONTEMPT FOR HIS CHATTEL. 
 
 The senator repeated his flimsy and palpably fraudulent pretense that he served 
 Pierce and not the Waters-Pierce Oil Company. And there must have been rich 
 laughter on high Olympus when he tried to bolster up this flimsy pretense by appeal- 
 ing to bookkeepers in the audience to sustain him in his assertion that if he had got 
 the money from the oil company for services rendered it would have been charged in 
 the company's expense account rather than in its account of profit and loss. 
 
 Never have I heard any practiced public speaker so insult the intelligence of his 
 auditors. Why, Bailey knows, as everybody else that has followed the evidence 
 in this case knows, that Pierce has thoroughout treated him, not as a friend and a 
 man, but as a bought chattel. Pierce has with appalling cold-bloodedness entered 
 
The Political Life-Story of a Fallen Idol 881 
 
 upon the books of his company the record of his dealings with Bailey in terms that 
 leave no possible doubt he considered the senator not as a friend but as a traitor whom 
 he had bought from first allegiance and held in merited contempt. 
 
 If now the oil trust and the other predatory corporations back Joe Bailey with 
 their ill-gotten money, and they are backing him, why, it is not because they like him, 
 or respect him, but because his fight is their fight. If he loses, his control of the 
 party machine is broken and he will not any longer be able to deliver to them the 
 goods for which they have paid him part and stand to pay him more hereafter if he 
 holds control. 
 
 Benedict Arnold was as lonely in England, after his treason, as "the man without 
 a country." Decent men, even in the nation that bought him, held him in unspeakable 
 contempt. It is a saving clause in human nature that no man can turn traitor 
 to his state or nation and ever after win the regard of any state or nation. The people 
 that buy him despise him and with good reason do not trust him. 
 
 There is a reason why Joe Bailey has not denounced and never will denounce H. 
 Clay Pierce for "fooling" him about the relations of his company to the Standard Oil 
 trust. It is a reason that goes deeper than Bailey's eager greed for future fees from the 
 same source. Pierce undoubtedly has a hold on Bailey not yet revealed, that makes 
 the senator purr around the knees of this man that he says "fooled" him. 
 
 STIRRING UP RACE HATRED. 
 
 This recreant senator who dares not face his own black record, this vendor of 
 blackguardly tales against the honor of every man that dares oppose his dictatorship 
 is making a last desperate effort to stem the tide that runs against him by appealing 
 to race prejudice. Like Foraker in Ohio, and for precisely the same reasons, reversed, 
 Joe Bailey is trying to inflame the white man against the black man, the black man 
 against the white man, in Texas. 
 
 He has savagely denounced William R. Hearst, and falsely, be it said, for rousing 
 class prejudice in the North. How then can he excuse his despicable efforts to re- 
 awaken in his own state the dying embers of race hatred ? He knows the South has 
 forever put down the possibility of negro domination, he knows that the intelligent 
 white masses at the North have given their approval of that course. And yet, with 
 all the actor's art he goes up and down this state declaring with lying tongue that 
 his opponent. Cone Johnson, who asks no more than that the negro be trained for 
 useful industry, to his proper place, is an advocate of white and black equality. 
 
 He and his heelers play upon this falsehood with spoken word and with decep- 
 tive symbol. Two gray-haired men, who ought to have been above a trick so petty, 
 brought upon the stage of the Houston Auditorium Monday night a coonskin stretched 
 upon a frame and labeled, on its inner surface, "Johnson." 
 
 "All coons look exactly alike to me," the senator said with a bland smiling sneer 
 upon his fat and sweaty face. And the thoughtless howled, not heeding how they 
 were befooled by a mere stage trick, by a man who should have been at that minute 
 making solemn answers to the evidence of his own public treason. 
 
 "If you want a United States senator who will stand on the street corner every 
 Monday morning and turn his pockets inside out to show you that he has no dis- 
 honest money in them, you'll have to get another man," said the senator. 
 
 AND HE SPOKE THE TRUTH. 
 
 Because there has not been a day in seven years last past on which Joe Bailey 
 could have met this test that he proposes. 
 
 bailey's CHOICE ASSORTMENT OF ENDEARING TERMS. 
 
 Senator Bailey in his Auditorium speech Monday night asserted that his oppo- 
 nents charge him with being vindictive. He denied this, and stated that even his 
 opponents did not believe it, and only made the accusation because they were afraid 
 of his power in congress. And then to prove that he is the very essence of the 
 
882 Senator J. IV. Bailey of Texas Unmasked 
 
 crowning virtue in mankind, he made use of the following endearing terms while dis- 
 cussing those who have dared to oppose him : 
 
 A little idiot. Thieves. 
 
 Forgers. Burglars. 
 
 Liars. Rascals. 
 
 Soreheads. Anarchists. 
 
 'Deadheads. Little fish. 
 
 Cymlin-headed lawyers. Little grafters. 
 
 Hypocrites. Demagogues. 
 
 Ruffians. Cow thieves. 
 
 Lawyers with narrow foreheads. Ignorant persons. 
 
 SENATOR BAILEY PASSED THRU. 
 
 The Farmersvllle Times (April 29, 1908) : Many Farmersville people had 
 the privilege of seeing and hearing Senator Bailey Wednesday as he passed thru 
 town on the Santa Fe railroad going north in the forenoon to Paris and returning 
 south to Dallas in the evening. The Farmersville band honored him with music 
 at the forenoon reception. The Senator spoke briefly while the train was neces- 
 sarily detained at the station in the morning and told a before saying 100 
 
 words — that those who are against him here are the same crowd who have always 
 been against him and for all he cared they may always remain against him. 
 
 But how different were the remarks of Hon. Wm. A. Cocke of San Antonio, 
 who was tendered a similar reception upon his arrival at the Katy depot a few min- 
 utes later. The band also honored him with music. His response to the reception 
 accorded him was that of a refined, hightoned gentleman who sincerely appreciated 
 the courtesy shown him, taking it not to himself personally, but ascribing it to the 
 devotion to high ideals of political and official life the people would have expressed 
 by their public servants. He said he came not with malice or hatred with which 
 to insult anyone, but with sorrow to perform a patriotic duty. 
 
 'TWAS POLITICAL SERMON. 
 
 Wm. a. Cocke's Speech in Farmersville Wednesday afternoon was a 
 Grand Effort. 
 
 Farmersville Times (April 29, igo8) : The greatest speech of the campaign that 
 has been delivered in Farmersville was the address by Hon. Wm. A. Cocke of San 
 Antonio in Herron hall Wednesday afternoon. 
 
 The speaker was introduced by Dr. Jas. Williams, chairman of the Anti-Bailey 
 club, at 2 o'clock, and it was 4 o'clock when Mr. Cocke concluded speaking. He 
 talked in a low tone mostly and sometimes barely above a whisper, but such good 
 order and quietude prevailed that he was distinctly heard all over the hall, which 
 was filled to its full seating capacity and many had to stand up. There were many 
 ladies present. 
 
 The speaker pitched his remarks on a most high and exalted plane of political 
 standards for public officials, and made a most able presentation of the case against 
 Senator Bailey, whom he pictured in all the depths of his iniquity and unworthiness. 
 It was truly a political sermon and breathed the spirit of an ideal patriotism and a 
 noble manhood. He spoke as a man of goodly walk and demeanor, just the opposite 
 to what Senator Bailey exhibits himself. 
 
 Mr. Cocke left soon after the speaking for Blue Ridge to speak at that place 
 that night. 
 
 His speech unquestionably strengthened the cause of honest Democracy and good 
 government at this place. 
 
The Political Life-Story of a Fallen Idol 883 
 
 CHAPTER XLiri. 
 
 CAMPBELL, DAVIDSON AND BAILEY AT DALLAS BANQUET, 1907. 
 
 CAMPBELL THROWS DOWN THE GAUNTLET, WHICH, AT AN 
 NONGUARDED AND HEATED MOxMENT, BAILEY PICKS UP. 
 
 At a banquet given in honor of Governor Thomas M. Campbell, during the 
 Texas State Fair at Dallas, on the evening of October 2gth, 1907, in the course of 
 Governor Campbell's speech after alluding to the fact that the State of Texas had 
 recently secured a \erdict of more than $1,600,000 against "that pirate of all the 
 trusts, that has plundered Texas for years — The Waters-Pierce Oil Company" — 
 Governor Campbell said : "I notice the headlines of what is termed a communication 
 to me from the president of that company in the afternoon papers, and I say to you, 
 my fellow Democrats, that so long as Henry Clay Pierce is a fugitive from justice, 
 in Texas, / icill have no communication uith him. I don't want to be misunderstood 
 as prejudicing any case that may be pending against him in this State — I don't pass 
 upon the merits of that case at all — but I say to you that I regard the defiance of the 
 integrity of our courts and the sovereignty of our State, if you please, by H. Clay 
 Pierce as a menace to the independence of this State, and until he returns and proves 
 the truth of what he declares and submits that issue to a jury of twelve honest men in 
 Travis County he is entitled to no consideration from a public officer of this State. 
 
 SENATOR BAILEY'S REPLY. 
 
 When his time came to ipeak, U. S. Senator Bailey began in this fashion: 
 "Mr. Toastmaster and My Fellow Countrymen: Before I proceed to vindicate 
 the paramount issue of the campaign of 1896, I am going to perform another service 
 for the State of Texas. I cordially approve the Governor's determination to extermi- 
 nate the trusts. But I want to tell him tonight in this presence that the Standard Oil 
 is in Texas and doing business here without any molestation from him or any other 
 officer. I want now to volunteer to the Governor of Texas if he will have a law 
 suit instituted against the Standard Oil Company corporation at Corsicana, I will 
 furnish him the proof. And I want to tell him, furthermore, that that absolute 
 and irrefragable proof is a part of the records in a Texas court tonight. And yet no 
 suit has been instituted. 
 
 "Now, I acquit the Governor of any dereliction in that, and if Monday morning 
 he will instruct the Attorney General of Texas to institute that suit, I pledge myself 
 to furnish abundant proof for the conviction." 
 
 DAVIDSON TO BAILEY. 
 
 On the next day Attorney General Davidson wrote Mr. Bailey a note, which 
 was given to the public press, as follows: 
 
 "Dallas, Texas, October 21. Hon. J. W. Bailey, Oriental Hotel, City: Dear 
 Sir: — Saturday night a banquet was given by the people of Dallas to the Governor 
 of the State, and you and I, among others, were guests. 
 
 "You volunteered the information that the Standard Oil Company was doing 
 business in Texas in violation of the law, and that my department should move in 
 the matter. I am grateful for the information, because it adds much to the fund of 
 facts that I have already in hand, and I shall cheerfully use you as a witness against 
 what I regard as the worst enemy to the public weal. 
 
 "Your known standing in the world of business and politics will, of course, add 
 much to the weight of jour statement, and I, as a public officer, welcome this aid 
 from any citizen. What I most desire is that you give me in writing a detailed state- 
 
 11—25 
 
884 Senator J. W. Bailey of Texas Unmasked 
 
 ment of the facts in your possession so that I may reframe pleadings in suits already 
 in preparation in my department. 
 
 "I have your assurance that you have the most unmistakable proof of these viola- 
 tions, and I look to you for valuable and most material aid in bringing this criminal 
 to justice. 
 
 "Kindly address me an early reply to my department. Yours very truly, 
 
 R. V. Davidson, Attorney General of Texas." 
 
 After about a week's time had elapsed, Mr. Bailey replied through the press in 
 which he denied having any personal knowledge of facts that would aid in the prose- 
 cution, but referred the Attorney General to the testimony of H. C. Pierce, which 
 had already been developed in the trial at Austin in May, wherein the State of 
 Texas recovered a verdict of over $1,600,000 and a judgment of ouster. 
 
 In this letter as well as in a speech he had just made at Abilene, Senator Bailey 
 also criticised the Attorney General for having availed himself and his Department of 
 the services of the County Attorney of Travis County in his efforts to drive the trusts 
 and trust masters out of Texas. 
 
 DAVIDSON REPLIES. 
 
 To these various allegations and criticisms, on November 4th, 1907, Mr. David- 
 son gave out the following strong and patriotic reply: 
 
 To the People of Texas: In view of the fact that certain newspapers and per- 
 sons have for some time charged me with dereliction of duty in not instituting a 
 greater number of suits for violations of the anti trust laws, and have from time to 
 time made statements, which facts published in their own column refuted, and have 
 deliberately misquoted record evidence in an attempt to discredit the efforts of the 
 departments, I feel that a proper consideration of this high and important office 
 required that I make some statements concerning such matters in order that the public 
 may know the facts, which will enable them to draw correct conclusions as to the 
 questions raised. It is needless for me to refer to the very large volume of business and 
 litigation conducted by this department during my tenure, exceeding by far anything 
 in its previous history. Nor it is necessary to call attention to the fact that in almost 
 every instance the efforts of the department have been crowned with success in spite 
 of the combinations of influences arrayed against the enforcement of the law. 
 
 Every questionable device has been utilized to drag this office into political 
 discussions for the purpose of clouding the issues and bringing about such confusions 
 that the law would fail of vindication. As long as the interest of the State were even 
 remotely involved I deemed it proper to wholly disregard all such attempts. It 
 was of little consequence that I might suffer personally by reason of the many mis- 
 representations, provided I succeeded in tiding the affairs committed to my charge 
 through this storm of opposition and resistance. I have no word of censure for those 
 who disagree with the judgment exercised in the discharge of public duty, for no 
 public servant can become greater than his master, nor is he entitled to immunity 
 from the chastisement of public criticism, provided this criticism is predicate upon 
 truth. 
 
 The assertion has been made in some newspapers and in public speeches and 
 interviews that I entered into a contract not to prosecute the Standard Oil Company, 
 and in support of that charge Senator Bailey is quoted as saying in his speech at Abi- 
 lene: "I don't know of any reason, except the reason Gruet gave. He said the Attor- 
 ney General agreed not to sue the Standard Oil Company — listen. Gruet swore on the 
 second floor of the Capitol that Davidson made that agreement. Davidson's oflSce 
 was on the first floor, but he wouldn't walk up one flight of stairs to deny what Gruet 
 said. If it were not true, and you were the Attorney General of Texas, wouldn't 
 you go and deny it? He knew that Gruet swore that, because a copy of his testimony 
 was marked and sent to the Attorney General, and then before we closed the case 
 my friends formally asked whether anybody in the Attorney General's oflSce had 
 asked to be heard, or intimated that they desired to speak, and the members of the 
 committee said they did not." 
 
Tlic Political Life-Story of a Fallen Idol 885 
 
 The papers making this same charge published Gruet's testimony in their 
 columns. Senator Bailey heard his testimony and had a copy of same; yet notwith- 
 standing that fact, they assert that which he did not testify but which he emphatically 
 denied. No other witness than Gruet assumed to testify on that point. Therefore, 
 all such statements are predicated upon the testimony which he gave. He testified 
 that he had not entered into any contract not to testify against the Standard Oil 
 Company, that he had no agreement or desire to protect them ; that he had no interest 
 in the Standard Oil Company. His sole request was that the Standard and the 
 Waters-Pierce Oil Company be not joined in the same suit, that to do so would prevent 
 the case "being progressed along properly and brought to a finish," and for that 
 reason he would not have anything to do with the case if it was so complicated. 
 Nowhere in his testimony searching as was the examination, does it appear that he 
 ever requested, or that any agreement was ever made, that the Standard Oil Company 
 should not be prosecuted ; in fact, his testimony shows, beyond cavil, that the 
 department was looking forward to bringing suit against other branches of the Stand- 
 ard Oil Company, and that it had ever had that purpose in mind will be shown later, 
 The following is Gruet's testimony in full on that point, as it appeared in the Houston 
 Post, Monday, Feb. 4, 1907, page 8, wherein the Post prints a verbatim report of 
 his entire testimony: 
 
 Q. Now when you entered into the contract with reference to these cases here, 
 didn't you enter into a contract that you were not to testify against the Standard Oil 
 Company? Why don't you answer that? A. Because I do not know that I did. 
 
 Q. Don't you know that you did? A. I did not enter into any contract not 
 to testify against the Standard Oil Company. 
 
 Q. Wasn't that the agreement and understanding that you were to protect the 
 Standard Oil Company? A. It was not, sir. 
 
 Q. Was there anything said about that? A. Why, to the best of my knowl- 
 edge and belief, I said, "When you enter this suit here you don't want to drag the 
 Standard Oil Company into it and mix that up like they have in Missouri in that 
 suit." I never made any contract with anybody not to testify against the Standard Oil 
 Company. 
 
 Q. You knew that the Standard Oil Company had two refineries in Texas, 
 didn't you? One at Beaumont and one at Corsicana? A. I knew the one at Cor- 
 sicana, but I did not ever hear anyone admit that the one at Beaumont was a Standard 
 Oil refinery. 
 
 Q. You never heard that admitted? A. No, sir. Not admitted. 
 
 Q. But did you demand that when they brought this suit here they should not 
 mix the Standard Oil Company up in it? A. I did not demand that; no sir. 
 
 Q. What did you say about it? A. I said I would have nothing to do with it 
 if it was. 
 
 Q. If the Standard Oil Company was brought into it? A. Yes, sir. 
 
 Q. And that was with Lightfoot? A. I think so; yes, sir. 
 
 Q. Don't you know that it was? A. I say I think so; this is sufficient, is 
 it not ? 
 
 Q. And you declined to deliver the vouchers and other papers, and said you 
 would not have anything to do with it if the Standard Oil Company was mixed up 
 in it, didn't you? A. Yes, sir, that is the effect of what I said. May I say a word 
 of explanation ? 
 
 By Mr. Crane: Q. Why was it you made that statement? A. The plain 
 statement of this case is just this: That I said that the mixing and bringing into the 
 case in Missouri of the Standard Oil Company was the thing that complicated the 
 case and prevented its being progressed along properly and brought to a finish. That 
 was my opinion, and all that we had anything to do with was the Waters-Pierce 
 Oil Company, and if I ever said anywhere, or at any time, or to anybody that I would 
 never be interested in a case against the Stanard Oil Company 
 
 Q. Here is the question here: Your statement was based on the proposition 
 that a suit against the Waters-Pierce Oil Company would be a simple proceeding and 
 easily handled? A. Absolutely. 
 
886 Senator J. IV. Bailey of Texas Unmasked 
 
 Q. Did you have any interest in the Standard Oil Company? A. None. 
 Q. Did you have any desire to protect the Standard Oil Company? A. None 
 whatever. 
 
 Q. But you thought by suing the Standard Oil Company and the Waters- 
 Pierce Oil Company in the same suit that complications would result to prevent 
 a successful conclusion? A. That was my purpose; that is exactly my thought. 
 
 Q. Now you knew that the Standard Oil Company was interested in the 
 Waters-Pierce Oil Company, didn't you? A. I did. 
 Q. You knew what its interest was? A. I did. 
 
 Q. And in suing the Waters-Pierce Oil Company, or becoming a party to 
 that suit, you knew that you were attacking the Standard to the extent of its interest 
 in the Waters-Pierce Oil Company? A. Absolutely, I knew it. 
 
 Re-examination by Mr. Odell: Q. You knew the Standard Oil Company was 
 fighting the Waters-Pierce Oil Company, didn't you? A. I do not know whether 
 they were fighting the Waters-Pierce Oil Company in the sense that you infer it. 
 I know they were the majority stockholders in the Waters-Pierce Oil Company. 
 
 Q. Didn't you know that they were fighting Pierce? A. Why, I knew there 
 was some difference between Mr. Pierce and them. 
 
 Q. You are not a lawyer, are you? A. I am not. 
 
 Q. And you were undertaking, when you said to Lightfoot that you would 
 not have anything to do with it if the Standard Oil Company was to be brought into 
 it, to dictate the law policy of the case, were you? A. I was not, sir; I have 
 explained my motive fully. 
 
 Q. You have stated it have you? A. I have stated that I thought the coupling 
 of the Standard Oil Company in the suit against the Waters-Pierce Oil Company 
 would complicate matters, so that it would make it difficult. That was my opinion 
 only. 
 
 Q. And that you would not have anything to do with it if it was brought 
 in? A. No, sir, I would not have anything to do with it. 
 
 Q. If the Standard Oil Company was brought in? A. Yes, sir. 
 Q. And you would not deliver over your papers and documents if the Stand- 
 ard Oil Company was brought in? A. Why, the assertion that I would have nothing 
 to do with it — the one implied the other, didn't it? 
 
 Q. And Lightfoot agreed to it, didn't he? A. He didn't make any objection 
 to it. 
 
 It is obvious that his testimony has been grossly distorted and it is quite apparent 
 for what purpose. No explanation and denial is therefore necessary at my hands, as 
 no person of sound mind who understands the English language can possibly construe 
 his language into a meaning that the Standard Oily Company was promised or granted 
 immunity from prosecution. The only request made was that the two be not joined 
 in the same suit. The witness shows that he had no interest in or desire to protect 
 the Standard Oil Company. 
 
 He had witnessed the many difficulties encountered by Mr. Hadley in his valiant 
 fight against the Standard, the Waters-Pierce and the Republic Oil Company, occa- 
 sioned by first one and then other delaying the proceedings by dilatory tactics. His 
 suggestion was therefore an entirely proper one. Moreover, I desire to say that I 
 would not have joined any other party in the suit had I been requested to do so, 
 as our judgment dictated and our experience has demonstrated the task has been a 
 difficult one for the State, even stripped of all other legal complications. 
 
 I have but to call attention to the fact that Mr. Hadley had a most trying time 
 to develop the facts of this case, requiring nearly half a day to make H. H. Rogers 
 state his name, age and place of residence. Upon his return to Missouri it was Gruet 
 who placed documents in his hands with which he immediately returned to New 
 York. The officials of the Standard Oil Company, realizing their situation, fell upon 
 their knees and meekly admitted facts that will make out his case. Mr. Hadley is 
 suing the Standard Oil Company, the Republic Oil Company, which is owned entirely 
 by the Standard, and the Waters-Pierce in the same suit. 
 
The Political Life-Story of a Fallen Idol 887 
 
 If Gruet desired to protest the Standard is it reasonable to say that he would 
 have voluntarily furnished the Attorney General of Missouri with facts that will 
 forfeit the Standard's charter in Missouri, along with those of the Republic and the 
 Waters-Pierce. Moreover, Gruet furnished the Bureau of Corporations and the 
 Federal authorities all the information he had, which largely forms the basis of the suit 
 of the Federal Government against the Standard Oil Company of New Jersey and 
 its seventy-four subsidiary corporations. If he were solicitous of the Standard, would 
 he have given facts to the Government to be used in accomplishing the dissolution of 
 the entire Standard organization? 
 
 This department has many sufficient reasons why it has not instituted suits against 
 the other branches of the Standard Oil Company before this time, one of the least of 
 which is that we have had all the litigation that we could carefully and and prop- 
 erly handle with the forces at my command. I deem it sufficient to say that through- 
 out the entire course of the prosecution of the Waters-Pierce Oil Company I have 
 been gathering facts on which to predicate such suits. In the spring of this year a 
 representative of the Bureau of Corporations of the Federal Government spent several 
 dajs in my department copying the records in my possession for the use of the Federal 
 authorities. In July, after the trial of the Waters-Pierce case, I had a petition drawn 
 against the other Standard Oil interests. 
 
 Having knowledge of the fact that the Federal authorities were going to take 
 testimony which I desire to use, and that they had better facilities for so doing, owing 
 to the larger jurisdiction and powers of courts, I deemed it advantageous to the State 
 to delay filing suit and to wait the development of that hearing. 
 
 On the first of October I went to New York and secured all the facts and 
 evidence brought out by the Federal authorities and returned to Texas with the 
 purpose of filing suit as soon as the submission of the Waters-Pierce case was disposed 
 of in the Court of Civil Appeals and the pleadings could be reframed to meet the 
 additional facts developed in that hearing. Evidently realizing that I was on the eve 
 of taking this action. Senator Bailey at the Dallas banquet given in honor of the 
 Governor, proposed that if suit should be filed on the following Monday at Corsicana, 
 he would furnish irrefragable proof sufficient to convict. I was glad to hear the prop- 
 osition of the Senator, and in good faith called for the proof. I was aware that he 
 had testified that he had acted as the legal advisor of the Standard Oil Company in 
 1901, when he advised them that they could not do business in Texas, for which they 
 paid him $2,500 and that subsequently he had been employed by S. G. Bayne, a stock- 
 holder of the Standard Oil Company, at a fee of $5,000 to draw the charter of the 
 Security Oil Company (one of the guilty ones pointed out by the Senator in his reply), 
 and had supervised the first meeting of its board of directors, and hoped that he 
 would be able to give the State valuable evidence to aid in its prosecution. In 
 response to my request for his proffered proof, he merely tendered H. Clay Pierce, 
 as a witness, referring to his testimony, which we had ourselves procured in New 
 York City. 
 
 The department will scarcely feel constrained to hazard the interest of the State 
 on one man's testimony, even though its sufficiency be vouched for by so eminent an 
 authority; and even if his witness were not subject to impeachment of character for 
 truth and veracity, we would still deem it proper to secure additional testimony 
 to cover matters not testified to by him, and to connect concerns which even the 
 Senator apparently did not know were operating in Texas. 
 
 Senator Bailey evidently regarded this as a new discovery, and by its revelation 
 deemed himself entitled to great credit of rendering the State an important service; 
 whereas, in the Waters-Pierce Oil Company cases we had made the allegation in our 
 petition that the Standard Oil Company owned and controlled both the Corsicana and 
 Security refineries and offered evidence in support of that allegation. However, I do 
 not desire to be understood as reflecting upon his sincerity in now desiring this case 
 prosecuted vigorously, and will not give credit to his modest protestation of lack of 
 personal knowledge of material facts to the State's case, and will therefore call him 
 as a witness for the State, with the purpose of affording him a proper opportunity of 
 rendering the State a valuable service in assisting to drive out an odious trust which 
 
888 Senator J. W. Bailey of Texas Unmasked 
 
 came into the State, in disregard of his advice, and partially through a concern for 
 which he himself was employed to write the charter. 
 
 I have been bitterly criticised for authorizing the County Attorney of Travis 
 County to join in the prosecution of anti-trust cases, that act being criticised as a 
 betrayal of the State and as an infamy practiced upon the State, and not done only for 
 the purpose of cheating the people, but the people's treasury as well. 
 
 The Legislature of Texas, in every trust law, has recognized the necessity of 
 the State being represented by her District and County Attorneys. It was not until 
 the passage of the act of 1903 that any power of discretion was conferred upon the 
 Attorney General to determine when, where and in what cases these officers should 
 be authorized to assist in the enforcement of that law. 
 
 The Legislature doubtless further recognized the well-known fact that in the 
 trial of anti-trust suits the State should have the benefit of the professional services 
 of these local officers, who are upon the ground and are entirely familiar with local 
 conditions. The Legislature also took into consideration that the Attorney General 
 and his sssistants are in almost every case residents of counties other than the county 
 where the seat of government is located, which is especially the case with respect to 
 myself and my assistants, not one of them being a resident of Travis County. 
 
 In each of the anti-trust suits which have been instituted at Austin the State has 
 in every instance been confronted with local lawyers among the very best at the Austin 
 bar. They were well and favorably known to the Court, the jury and the community 
 generally, while I and my assistants, being residents of other counties, in different 
 portions of the State, were in a measure strangers to the people, and to local conditions, 
 and taking these facts into consideration, among others, it was deemed proper to exer- 
 cise the discretion given to the Attorney General by the Legislature, under the act of 
 1903, to authorize the County Attorney to assist in these prosecutions. 
 
 Again, the Twenty-Ninth Legislature only appropriated $15,000 for the enforce- 
 ment of the anti-trust and Railroad Commission laws to be expended in two years. 
 In view of the fact that $5,000 of this sum was expended for additional counsel to 
 assist in the suits brought by all the railroads to set aside all the rates of the Railroad 
 Commission, the remainder was insufficient to pay the necessary counsel in securing 
 testimony, to pay the traveling expenses of the officers of the departrnent in search 
 thereof, and the current cost arising in the courts, and leave a sum sufficient to employ 
 additional counsel needed to carry on the volume of litigation which this department 
 has undertaken up to this time. In considering the question of whether or not this de- 
 partment has needed such assistance in order to care for such litigation, it is not im- 
 proper to refer to the fact that testimony has been taken in a number of States of the 
 Union requiring the presence of my assistants, while at the same time other important 
 legal duties were being performed by others here and at other points in this State. 
 Again important legal matters growing out of these prosecutions have been con- 
 ducted simultaneously in the District Court, Court of Civil Appeals and United States 
 Circuit Court of Appeals, and yet it is expected, it seems, that I can be at all places 
 at all times, carry on the business of other departments and successfully meet all the 
 issues without availing myself of such assistance as the Legislature in 1903 wisely put 
 at my disposal. The Attorney General is neither omnipotent nor omnipresent. 
 
 It is charged that fees allowed the County Attorney under the law are wholly 
 disproportionate to the services rendered. The Legislature fixed the fees which the 
 County Attorney shall receive for his services, and that is a matter about which the 
 Attorney General has neither concern nor has any power to regulate. 
 
 Although under no obligation to do so, Mr. Brady has employed local counsel to 
 assist the State, out of the fees allowed him by law. The counsel selected by him 
 stand in the foremost ranks of the Austin bar, and their professional skill and integrity 
 has not and cannot be questioned. He has provided the State with the benefit of their 
 work without cost to the State. In only one instance has the department employed 
 assistance for the State from money appropriated by the Legislature for that purpose. 
 It is hardly necessary to call attention to the fact that, of all violators of law, 
 of all enemies to the rights of others, the trust magnate, by reason of his business 
 methods, is a past grand master in concealments, trickery and deception. In his move- 
 
The Political Life-Story of a Fallen Idol 889 
 
 ments, he has the fleelness of the deer, and in has habits the cunning of the fox. H'is 
 tracks are hard to find and still more difficult to follow. When at last he is captured, 
 and is confronted with the law and suits are brought to banish his unlawful business 
 from the state, he becomes ugly, arrogant, boastful of his innocence, and, abounding 
 in illgotten gain, he shows fight and hurls defiance at and proceeds to slander and 
 abuse what he terms his persecutors. His first move is to employ first-class lawyers, 
 in many cases their fees amounting to many times the amount of the entire appropria- 
 tion made by the Legislature for the enforcement of the anti-trust laws. For illus- 
 tration, I have but to refer to the case against the Waters-Pierce Oil Company, in 
 which the defendant has, in the several branches of that case, distinguished counsel 
 from the following firms of lawyers, all of whom are eminent in their profession: 
 
 Storey, Thorndyke, Palmer & Thayer of Boston, Mass., Priest & Bowles, John- 
 son & Richards of St. Louis, Capps, Cantey, Hanger & Short of Fort Worth, Head 
 & Dillard of Sherman, Judge E. B. Perkins of Dallas, Senator D. W. Odell of Cle- 
 burne, Clark & Bolinger of Waco, Judge N. A. Stedman and Cochran & Penn of 
 Austin. 
 
 I have been especially criticized because in the cases of the Fort Worth Live Stock 
 Exchange, wherein a judgment was rendered in favor of the State for $17,500 and 
 the forfeiture of its charter, because Mr. Brady received as a fee, $2,675, 
 
 As before stated, the law fixes this fee, and about his right thereto there can be 
 no question or discussion. Mr. Brady employed the following counsel to assist in the 
 prosecution of those suits: The law firms of Gregory & Batts, Allen & Hart, and 
 Hon. Jeff D. McLean, County Attorney, of Tarrant County, who was killed at Fort 
 Worth while attempting to enforce the law. 
 
 The public would not be usually interested in what disposition the County Attor- 
 ney made of his fee in this case, or what he paid ather attorneys and officials for their 
 assistance, yet as I am charged with a dereliction of duty in the matter of his fee, I 
 have permission to state how much, therefore, he actually received and what was done 
 with the remainder. Out of this he paid Gregory & Batts the sum of $891.46, Allen 
 & Hart, $445-73, to the widow of Jeff McLean (deceased) the sum of $445.73, to 
 Brady's partner the sum of $445.73, leaving Mr. Brady the sum of $445.73 out of the 
 original sum of $2,675. 
 
 Considering the service rendered, the department by himself and associates in 
 making investigations, the drawing of pleadings and other work, and responsibility 
 incidental to suit of like character, it is clear to me that Mr. Brady and each of his 
 associates received less than they would have received had they been employed by the 
 defendants to assist in the defense. The defendants in those cases were likewise repre- 
 sented by a number of lawyers of professional eminence and men of unquestioned in- 
 fluence in the State and before the courts. I do not know what fees they received, 
 but the fees received by Mr. Brady and his associates, I am sure, were much less than 
 those received by each of the attorneys for the defense. 
 
 Certainly, I am unable to see why Senator Bailey should so strongly object to 
 the County Attorney's fee when it is remembered that he stated (Bailey) under oath, 
 in the investigation at Austin last winter, that for a opinion he gave the Standard 
 Oil Company in 1901 wherein he advised them that that company could not do busi- 
 ness in Texas, he charged a fee of $2,500. I am not discussing whether Senator 
 Bailey charged the Standard Oil Company too much or too little for his opinion; 
 but considering the work of Mr. Brady and other counsel, and the time given to those 
 exchange cases, my judgment is that the laws of Texas did not pay them as much, 
 or anything approximating as much, as the Standard Oil Company paid Senator 
 Bailey. 
 
 The same statement is true regarding the fee which Mr. Brady received in con- 
 nection with the suit against the International Harvester Company. This case was 
 also of great importance to the Government and its results will be far-reaching in 
 its consequences to the farming element of the State. Mr. Brady did a great deal 
 of work in that case, made several trips to Houston and appeared in the injunction 
 proceedings and rendered efficient service to the department in every way desired. 
 His fee was what the law gave him and nothing more. 
 
890 Senator J. IV. Bailey of Texas Unmasked 
 
 Senator Bailey, according to his standard of fees, should not complain of what 
 the law here paid the County Attorney, for he testified at Austin that for his services 
 in drawing a Texas charter and mortgage for the Security Oil Company and attend- 
 ing a meeting of its board of directors at Beaumont he charged a fee of $5,000. 
 Brady and his partner received a fee of $5,280 for assisting to put a trust out of the 
 State while Senator Bailey received a fee of $5,000 for drawing a charter that was 
 utilized to introduce another tentacle of a trust into the State, and charged me with 
 dereliction of duty because I have not been more active in undertaking to expel it. 
 The manner in which I have been and am now prosecuting the suit of the State 
 vs. The Waters-Pierce Oil Company has been and is giving that company and certain 
 other persons great concern. It seems that nothing has been nor is being done that 
 meets with their approval, and among other high crimes and misdemeanors charged 
 to me is that I have authorized and requested the County Attorney to assist this de- 
 partment with its prosecution. 
 
 From my viewpoint of duty and fidelity to the people of this State I do not think 
 it necessary or proper to consult the wishes of the Waters-Pierce Oil Company and 
 its friends as to whom and how this suit should be prosecuted, and whether or not I 
 should require the County Attorney and such assistants as he might desire to employ 
 to join in its prosecution. As is well known to all there has never been in the judicial 
 history of this State a case which has been so hotly contested from its inception as this 
 one. As stated, they have secured the services of the best legal talent to be had, not 
 only in Texas but in the United States. They have, as was expected by me, fought 
 every inch of the ground, asking no quarter and giving none, and the battle is still 
 on, not only in the State but in the Federal Courts. I determined at the outset to 
 avail myself of what the law of 1 903 anthorized me to do, namely, to authorize and 
 require the County Attorney of Travis County to assist in the prosecution. Mr. 
 Brady being well acquainted with the people, a good lawyer, a most efficient officer 
 and well and favorably known, was accordingly so authorized. He immediately 
 brought to his assistance other lawyers with whose services I am well pleased. The 
 fees of the important litigation are entirely contingent and dependent upon a final 
 judgment for the State. If they receive any fees the amount is fixed by law, and I 
 desire to say now that any statement or intimation that either I or any of my assis- 
 tants are to share in this or any other fee, or have any interest therein is wholly untrue 
 and without foundation in fact. While it is true that the fee in this case may be 
 considered large, this however, is the result of the continued and daily violation of 
 the anti-trust laws by the Waters-Pierce Oil Company since June i, 1900 and the 
 law fixing the amount of the fee. Senator Bailey takes special exception to the size 
 of this fee, and yet last winter in the investigation John H. Kirby testified that he 
 had paid Senator Bailey over $145,000 for professional services rendered by Senator 
 Bailey in his Houston Oil Company and Kirby Lumber Company troubles, and, if 
 I remember correctly, he also stated that he still owed Mr. Bailey other money for 
 those services. From Senator Bailey's view and judgment of what he earned as a 
 lawyer in Mr. Kirby 's troubles and what he considered was merely a fair fee, and 
 taking into consideration what he did and what Mr. Brady and his assistants have 
 done and are doing in the Waters-Pierce case, and further considering that Mr. 
 Brady's fee is wholly contingent, it would appear to an impartial man that there 
 would be no particular miscarriage of justice in Brady's receiving what the law 
 gives him in the Waters-Pierce case. I say nothing about Senator Bailey's services 
 to Mr. Kirby; yet, if in his case his fee was about right, then the law is not far wrong 
 in providing proper compensation in cases involving the constitutionality of the anti- 
 trust laws of the State, the corporate life of the defendant, wherein judgment was 
 rendered for over a million and a half dollars, and defendant's property placed in 
 the hands of a receiver. 
 
 It will also be noted that the County Attorney is to pay other counsel and othei 
 necessary expenses incident to the development and prosecution of the case, while 
 there is no evidence that there was any division of Senator Bailey's fee. 
 
 No reasonable person, taking into consideration the immense volume of litiga- 
 tion of all classes which this department has conducted, will believe that I have 
 abused the discretion vested in the Attorney General by the act of 1903, which au- 
 
The Political Life-Story of a Fallen Idol 891 
 
 thorizes him to secure such additional services in bringing suits for penalties under 
 that act. 
 
 But, if the reasons I have mentioned be not sufficient within themselves, I have 
 but to say that in all the suits instituted up to this time the law required that the 
 County Attorney join me in the prosecution of such cases. The Attorney General is 
 without power to prevent the County Attorney from appearing in and prosecuting 
 same and collecting the fees provided by law. To go further, the law requires, by 
 mandatory provision, that he join the Attorneys General in such suits. Every suit 
 prosecuted has been based upon violations of the act of 1899 and the act of 1903. 
 In all prosecutions based upon the act of 1899 the law provides that the suits shall 
 be filed and prosecuted jointly by the Attorney General ana the District or County 
 Attorney. Sec. 9 of the act of 1899 provides as follows: "Sec. 9. It shall be the 
 duty of the Attorney General, and the Prosecuting Attorney of each district or county, 
 respectively, to enforce the provisions of this act. The Attorney General and the 
 Prosecuting Attorney shall institute and conduct all suits begun in the District Court 
 and upon appeal the Attorney General shall prosecute said suits in the Court of 
 of Civil Appeals and Supreme Court. The prosecuting Attorney shall receive for his 
 compensation one-fourth of the penalty collected ; provided the fees allowed for in 
 this section shall be over and above the fees allowed him by the general fee bill now 
 in force." 
 
 It will be seen, therefore, that by the plain letter of the law that the Legislature 
 has made it the duty of the Attorney General and the Countj' Attorney to jointly 
 institute and conduct all cases arising under the act of 1899. I have no power to 
 prevent said officer from appearing in court and assisting in such prosecutions or col- 
 lecting his lawful fees, for the Legislature not only makes it his duty to do so, but 
 by express language directs that he shall do so. 
 
 And yet, notwithstanding this plain provision of the law fixing the power and 
 authority of the County Attorney as absolutely as the Attorney General's is fixed, so 
 eminent a lawyer as Senator Bailey, who is so well versed on the trust law of 1899 
 that he was paid a handsome fee by the Standard Oil Company for construing its 
 provision, declared to an audience in Texas that I had been guilty of an act of infamy 
 for permitting the County Attorney to exercise rights and powers bestowed upon 
 that officer by the Legislature, and which I would be powerless to prevent if I so 
 desired. 
 
 It is true that under the provisions of the act of 1903 the Legislature saw fit to 
 clothe the Attorneys General exclusively with the power to institute anti-trust suits 
 arising under that act, but gave him the power to require the services of the District 
 and County Attorneys when he deemed it to the interest of the State to direct such 
 officers to assist him in such prosecutions. But the exercise of that discretion is limited 
 to suits arising wholly under the act of 1903. Sec. 11 of the act provides as follows: 
 "Sec. II. Each and every firm, person, corporation or association who shall 
 in any manner violate the provisions of this act shall for each and every day that such 
 violation be committed or continued, forfeit and pay the sum of $50, which may 
 be recovered in the name of the State of Texas in any county where the offense is com- 
 mitted, or where either of the offenders reside, or in Travis County, and it shall be 
 the duty of the Attorney General to prosecute for the recovery of the same, and the 
 fees of the prosecuting attorney for representing the State shall be over and above 
 the fees allowed him under the general fee bill." 
 
 It will be seen from this provision that the Legislature only provided in this act 
 for suits for penalties arising under this act, and the discretion of the Attorney Gen- 
 eral in directing the County Attorney to join in such prosecution is thereby limited 
 to suits for violating the provision of "this act." Had the Legislature said that in 
 all suits hereafter instituted for a violation of the anti-trust laws of the State such 
 suits shall be prosecuted by the Attorney General, or the District Attorney or County 
 Attorney acting under the direction of the Attorney General, it would have made 
 the rights of the District or County Attorney to assist in prosecutions for violations 
 of the act of 1899 dependent upon the wishes of the Attorney General. But having 
 limited that authority to suits brought exclusively under the act of 1902, it did not 
 
892 Senator J. IV. Bailey of Texas Unmasked 
 
 impair or affect the rights of such officers in suits involving the act of 1899. This 
 point is further emphasized by other provision of the act of 1903. In every instance 
 its provisions relate only to suits arising under that act. Therefore, the County Attor- 
 ney having the right by statute to join in the institution and prosecution of acts in 
 violation of the act of 1899, I have not hesitated to recognize such authority or to 
 authorize him to also assist in that branch of the case arising under the act of 1903. 
 I have been charged with high crimes and misdemeanors because in the live stock 
 and harvester cases the amount of the penalties were divided equally under the act 
 of 1899 and 1903. 
 
 Under the law the penalties for violating the act of 1899 are not less than $200 
 nor more than $5,000 per day, while under the act of 1903 they are but $50 per day. 
 Therefore, in such suit the State is entitled to recover not less than four times nor 
 more than one hundred times as much under the act of 1899 as it is under the act 
 of 1903 for each day's violation. Yet, in these two cases the amount was divided 
 equally under both acts. Under this arrangement more of the penalties were placed 
 under the act of 1903 than the law required. While this is true, it has been shown 
 that the amount of fees earned by all the counsel in the cases were considerably less 
 than are customary in litigation of that character. 
 
 Again, Senator Bailey is quoted as saying in his Abilene speech that the Inter- 
 national Harvester Company had organized a new corporation in Texas after its 
 recent conviction, and expressed great indignation because thereof. _ If such be true 
 he has another opportunity to render the State a service. In the judgment against 
 that concern perpetual injunction was secured preventing that very act, and if his 
 assertion is true, every officer of the Texas Harvester Company, the concern to which 
 he referred, is guilty of the crime of false swearing, and is in contempt of the District 
 Court of Travis County. The injunction is as follows: 
 
 "It is further ordered, adjudged and decreed that the defendant, the Interna- 
 tional Harvester Company of America, is hereby perpetually enjoined from organizing 
 any corporation or acquiring or retaining any stock or interest of any nature whatso- 
 ever, either directly or indirectly, in any corporation, firm, co-partnership or associa- 
 tion of person, already organized, or which may hereafter be organized for the pur- 
 pose of transacting or carrying on any business of selling goods or products of the 
 said International Harvester Company within the said State of Texas, or from enter- 
 ing into any agreement, understanding or exclusive contract with any corporation, 
 person, partnership, joint stock company or other association of persons to whom it 
 may have sold or may hereafter sell its propertj', products or business within this 
 State through or under which the said International Harvester Company of America 
 agrees or may agree or bind itself not to sell its products or goods to any other per- 
 son, firm, corporation or association of persons." 
 
 Again, when the officers of the Texas Harvester Company presented their char- 
 ter it was accompanied by the following affidavit: 
 
 "State of Texas, County of Dallas: Before me, the undersigned authority on 
 this day personally appeared Ed. S. Hughes, John M. Johnston, LaMonte Daniels, 
 Joe E. Johnston, Joseph E. Cockrell and Edward Gray, all and each of whom being 
 first duly sworn, deposed and said that no corporation, or corporations, no other 
 person or persons than themselves have any interest, directly or indirectly, in the com- 
 pany this day sought to be chartered, called the Texas Harvester Company, or in the 
 stock, but the same is entirely owned by these affiants in the proportions as set out 
 in their general affidavit for such charter. 
 
 "Witness our hand this the 12th day of September, A. D. 1907. 
 
 "Ed. S. Hughes, Joseph E. Co^tkrell, 
 
 "Lamonte Daniels, Joe E. Johnson, 
 "John M. Johnston, Edward Gray." 
 
 "Sworn to and subscribed before me by each and all of said affiants this, the 
 1 2th day of September, A. D. 1907. 
 
 "Curtis Hancock, 
 "Notary Public, DaUas County, Tex." 
 
The Political Lifc-Story of a Fallen Idol 893 
 
 In justice to the people, my department and myself, I have deemed it proper 
 to make this statement. 
 
 It has often been very trying to remain silent while feeling that I was being 
 grossly maligned and misrepresented by those who wished to drive me from the 
 obligations of my public duties. 
 
 There are many other good and sufficient reasons which I can offer in support 
 of the acts for which I am criticized, that will justify the discretion exercised. 
 
 I have an abiding faith in the love of justice innate in the people of Texas, a 
 people who exalt truth and honor, abhor deception and shame; a people who idealize 
 the principles that "There is more wealth in the Bible than in the bank book, more 
 power in the love of friends than in the fear of an enemy; more glory in an approving 
 conscience than in the plaudits of a multitude." 
 
 Suffice it to say, that in the future, as in the past I expect to use my best judgment 
 in managing the affairs of this department, and will continue my efforts to uphold the 
 law, regardless of who it offends or who may misrepresent my motives. 
 
 Respectfully, 
 
 R. V. Davidson, 
 Attorney General. 
 
894 Senator J. IV. Bailey of Texas Unmasked 
 
 CHAPTER XLIV. 
 WACO ANTI-BAILEYISM CONVENTION. 
 
 a. Why Bailey Ought to Quit Public Life. — "Farmer Shaw." 
 
 b. Waco Convention Sounded Doom of Baileyism in Texas. — Frank Putnam. 
 
 c. Waco Gathering Without a Parallel in Texas History. — H. B. Carroll. 
 
 d. Crisp Convention Sentiments. — Selected. 
 
 In Waco, Texas, March 7, 1908, at the call of Hon. George W. Riddle, chairman of the Dem- 
 ocratic Club of Texas, with headquarters at Dallas, Texas, which club was organized by Democrats 
 to oppose the corrupt practices and vicious ideals engaged in and endorsed by Senator Bailey — in 
 short, to oppose Baileyism — there gathered together a convention of some three thousand earnest, 
 loyal, patriotic Democrats. These representatives of the people came from every part of Texas 
 at their own expense. They rode not on free passes. They outnumbered three to one and more 
 the usual State Democratic conventions of Texas. They were animated by one purpose— the desire 
 to see I'exas regain her erstwhile reputation and character among the Southern commonwealth, from 
 which high seat she had been cast low by the perfidy of her fallen Senator. This object was sought 
 to be obtained at this juncture by the opposition to Mr. Bailey's announced candidacy for delegate at 
 large to the Democratic National Convention to convene in Denver, Colorado, in June following. 
 
 The following references to that Convention and a review of Mr. Bailey's political career are taken 
 from the "Texas Farmer" and were written by Hon. W. M. Shaw ("Farmer Shaw"). Mr. Shaw 
 was at the Convention and knew whereof he spoke. His pertinent observations follow; 
 
 WHY BAILEY OUGHT TO QUIT PUBLIC LIFE. 
 By "Farmer Shaw." 
 
 There were assembled at Waco last Saturday between 2,500 and 3,000 people 
 to enter in mass meeting a Texas protest against machine-government in this State. 
 
 The meeting represented the barins, the learning, the integrity, the courage and 
 the patriotism of Texas. It included men from every class, calling and creed — the 
 professions, the farm, the workshop, the pulpit, and the laborer without a trade. 
 
 By common consent the machine is labeled "Baileyism." This mass meeting 
 was under the unanimous conviction that the acts of Senator Bailey and most of his 
 co-workers afford conclusive proof that this machine is striving to govern corpora- 
 tions ; in the interest of men and combinations whose god is gold and whose inspira- 
 tion is greed. 
 
 This machine has an apparent strength it does not possess, because it was 
 quietly organized without the people realizing the source of danger, or even knowing 
 that such an organization was contemplated, or that there was remote cause that 
 prompted its leader, J. W. Bailey, to organize it. It was organized by Bailey and 
 his leading co-workers securing the chairman and every member possible of the Demo- 
 cratic Executive Committee, and every member possible of the Thirtieth Legislature. 
 The machine secured Bailey's convention re-nomination for the Senate, although he 
 had no opposition. Only Bailey and his co-workers knew the political peril ahead of 
 him, and hence wanted the "nomination" as an excuse for his henchman in the Legis- 
 lature to force him upon the people even if the fearful disclosures they feared were 
 made, and they were inade. 
 
 BAILEYISM AND MACHINE POLITICS. 
 
 What is "Baileyism?" People opposed to the machine that has been organized 
 define it as a corrupt political science tmder which its disciples serve corporations, 
 resort to false-swearing, bullying, bulldozing and bluff; and rob the people direct even 
 while engaged in the disreputable business. 
 
 Upon what do opponents of the machine base this definition? Upon facts that 
 have become public notoriety through the press, by evidence in possession of the Attor- 
 
The Political Life-Story of a fallen Idol 895 
 
 ney-General's department, by the proceedings of an investigation committee of the 
 Thirtieth Legislature, by Bailey's own proceedings in New York, by his close affilia- 
 tion with leading representatives of interests whose greatest study is how to rob the 
 people— including chiefs of all the Standard Oil Company and the Harriman inter- 
 ests; and in the ligiu of these subsequent events, by the celebrated investigation (?) 
 during the session of the Twentj'-Seventh Legislature. 
 
 Another strong reason for this definition is the fact that neither Bailey nor his 
 co-workers have dared to defend the corrupt principle of which the opponents of ma- 
 chine rule consider Bailey today the most conspicious illustration in the United States. 
 
 At Houston Mr. Crane laid down the proposition for discussion that no Con- 
 gressman should have the clientage of public service corporations. If Bailey had 
 taken the negative and boldly defended it, many people would have credited him 
 with sincerity even though they may have differed with him. This, however, might 
 have forced a sufficient number of the subservient majority to defeat his election. 
 This would have prevented that investigation. Defeat would have been better for 
 Bailey than the disclosures in the investigation. He could have then retired 
 to private life with a much cleaner reputation, and perhaps with a clearer conscience. 
 But when, for no otlier reason than to divert discussion from the principle involved, 
 he switched to silly twaddle about a host of enemies pursuing him (a thing he ought 
 to have known, and ought now to know, is not true), people felt that he knew he 
 had done what he could not defend. There may be some few men in this fight against 
 the machine who are, to some extent, influenced by dislike for Bailey, for he has most 
 persuasive and winning ways to make people whom he don't like either most cordially 
 despise him or have a contempt for some of his peculiarities. As a rule, however, 
 opponents of the machine have no reason to be his "enemies," and are influenced 
 alone by their conceptions of public duty. Not five per cent of mankind are governed 
 by malice — yet Bailey assumes that one who differs with him is a "malicious enemy." 
 There couldn't be better evidence of a broken cog in his mentality. 
 
 Then the opponents of the machine do not believe Bailey has true courage; that, 
 in fact, he's a bluffer. Nothing could make a man smaller — in American public 
 estimation. 
 
 BAILEY'S INEFFECTUAL BELLIGERENCY. 
 
 Yet the good people of Texas have long ceased to be surprised at the fussing 
 antics of our Senator. He has been been in public life eighteen years, and during all 
 that time the people of the State have never been permitted once to forget that he was 
 in the limelight. For all these years he has been either on the front tiers of a row or 
 vaporing around so as apparentl}' to make people believe that somebody was in imme- 
 diate danger of sudden death. In the year 1890 Bailey entered the list for Congress 
 against Judge Silas Hare and the Hon. C. B. Randall, of Sherman. In the con- 
 test he was victorious and in each case he is reported as the sworn foe of both of his 
 opponents. As soon as he was sworn in as a member of Congress he began fussing 
 with everybody in office, in all parties — Republican, Democratic and Populistic. He 
 fell out with all the leaders of the Democratic house ; he became the sworn foe of 
 Speaker Crisp; he fell out with the Hon. Benton McIVlillin and scores of his Demo- 
 cratic associates in that Congress. When Mr. Cleveland was inaugurated in 1893 
 Bailey lost no opportunity to severely denounce Mr. Cleveland. He refused to speak 
 to Mr. Carlysle and was not on speaking terms with any member of Mr. Cleveland's 
 cabinet. In less than one year he was in open hostility, not only to President Cleve- 
 land, but to all of his cabinet, and to every other Democrat who conscientiously dif- 
 fered with him in any of his views and on any question. In doing so, he announced 
 publicly that these m.en had forfeited his friendship, and denounced all leading Demo- 
 crats who happened to differ with him. 
 
 In 1894 w'hen he ran for Congress he was opposed by a Mr. Browder — a 
 preacher. In the first joint debate he accused Mr. Browder of all sorts of misdemean- 
 ors. * * * He was afterwards opposed for Congress by Mr. Gordon, a lawyer in 
 Bonham. He made a vicious attack on Mr. Gordon. Mr. Gordon retorted and ac- 
 
896 Senator J. IV. Bailey of Texas Unmasked 
 
 cused liim of several crimes and misdemeanors, when Mr. Bailey threatened to cut his 
 throat. Mr. Gordon continued to make the charges, and his throat was not cut. In 
 1897 Mr. Bailey was elected a leader of the minority of Democrats in the House of 
 Representatives. He undertook the duties of his position under circumstances which 
 should have led to a brilliant success. However, Mr. Bailey seemed to think he was se- 
 lected not to lead, but to drive. He soon fell out and fussed with every prominent Demo- 
 crat in the House of Representatives. He was at open war with General Wheeler, 
 with Mr. McMillan, Judge De Armond, and with every Democrat of any promi- 
 nence in the House of Representatives. Without consultation with his party asso- 
 ciates he agreed with Mr. Reid that there should be no legislation during that con- 
 gress, except on the tariff issue. He played into his hands and agreed that the 
 Democrats in the House of Representatives during the extra session of Congress, 
 which met on the 15th of March, 1897, should fold their hands and do nothing while 
 the Republican leaders were incubating the Dingley tariff. However, his insolent 
 efforts to dictate to his party colleagues were in every instance decisively rejected, 
 and then, in a pout and in the middle of the term of Congress, he resigned because 
 he no longer possessed the confidence of his party, and could infuriate but not lead 
 the minority. 
 
 BAILEY OPPOSED GOVERNOR HOGG'S REFORMS. 
 
 During Governor Hogg's administration he never, in any speech that he made 
 to his fellow citizens, expressed his approbation of the policies inaugurated and suc- 
 cessfully carried out by that great tribune of the people. On the contrary, he was 
 hostile to Governor Hogg, and during the whole career of that grand governor he 
 was his enemy. He became also the open enemy of Attorney General Crane, fought 
 his nomination for Governor in 1898, and now boasts that he defeated him in the 
 convention. In the presence of the assembled Democrats of Texas he sneered at Sena- 
 tor Culberson, and said that the trouble was that he needed more iron in his blood, and 
 more steel in his backbone. He fell out with Senator Chilton, since he had the hardi- 
 hood to oppose him, and with Bob Stafford because he was Chairman of Senator 
 Chilton's campaign committee. 
 
 In 1900 he loaded down the public prints with infamous denunciations of all 
 those who did not approve of his sell-out to the Waters-Pierce Oil Company. When 
 he was whitewashed by the Twenty-Seventh Legislature, he kept up the fight against 
 all his "enemies." When he was sworn in as a Senator he had hardly taken his seat 
 before he provoked a difficulty with Senator Beveridge, and made a violent and abusive 
 denunciation of Hon. W. L. Pennfield, then solicitor general of the State department, 
 who was absent and could not defend himself. When Mr. Pennfield, in a public 
 communication, refuted all his charges and denounced Bailey in fearful terms, the 
 junior Senator remained discreetly silent. 
 
 In 1906, when David Graham Phillips gave an inkling of the practices of this 
 servant of the Standard Oil and Waters-Pierce trusts, he rose majestically in his place 
 in the Senate and hinted his regrets that dueling was obsolete, and that he could not 
 call on Mr. Pliillips to answer for his audacious and irrevelant assault upon "my" 
 character. He then proceeded with some feeble denunciations of Mr. Hearst, Mr. 
 Phillips and other conspirators. He then fell out with President Roosevelt because 
 the latter ascertained that Bailey was the "attorney" for the Standard Oil and the 
 Waters-Pierce companies, and withdrew his advocacy of the so-called Bailey amend- 
 ment to the freight regulation bill, and said why he did it. Joe Bailey arose to a per- 
 sonal explanation, and in addressing the Senate denied roundly all connections with 
 any trust, and denounced the President in very unparliamentary language and in very 
 abusive terms. The people of Texas took him at his word. The President, of 
 course, could not afford to enter into a personal controversy with Bailey. 
 
The Political Life-Story of a Fallen Idol 897 
 
 BAILEY WITHOUT COURAGE. 
 
 We give these statements as the public has received them. Now, Bailey has 
 several times been "called" on his belligerent propensities, and has never answered. 
 Because he has never given reasons for this, people do not have a high opinion of 
 his courage. It ought to be beneath tiic dignity of a Senator to pay attention to 
 abusive language unless he provokes it. When, however, he puts "a chip on his 
 shoulder" and some one knocks it off, people naturally expect that the difference of 
 opinion will not end there. Much more could be said, but it is enough now to say 
 that Bailey and his co-workers can make up their minds that the people opposed to 
 the machine have a contempt for the whole bunch. They doubt their honesty, truth- 
 fulness, sincerity, courage and patriotism. It could be put even stronger. Of course 
 all of his supporters can not be condemned as indorsers of corrupt methods, but, the 
 evidence considered, most people would think it wise if they could be forbidden to 
 hereafter sit on a jury. 
 
 Now, Bailey and his machinists can not object to the trial they have had, or 
 will have. The people have tried them according to Bailey's own standard. During 
 the trial of a brother Senator [Senator Burton of Kansas], Bailey announced the 
 theory of justice that should apply to public officials. He held that their trial should 
 not be according to the accepted code that accussed men should be accounted innocent 
 until proven guilty. On the contrary, he held that guilt should be presumed until 
 they established their innocence. And his statement was made in the harshest and 
 most cruel terms. Until Bailey abandons abusive tactics and his silly nonsense about 
 "enemies" pursuing him maliciously, and establishes his innocence beyond question, 
 opponents of machine rule will hold him guilty; can not do otherwise with the evi- 
 dence in hand. 
 
 BAILEY SHOULD BE EXPELLED FROM THE SENATE. 
 
 He himself chose the plan of battle in heaping the grossest abuse upon all who 
 would not credit his altitudinous estimate of himself. He can not ever again expect 
 any concession from liie people while in public life. They consider this estimate of 
 integrity, truth and patriotism a menace to morality — especially because of its influ- 
 ence upon boys and young men. They want him out of the Senate as one who 
 morally misrepresents this people. If he will not resign, the chances are they will, 
 if it be possible, bring him before the Senate of the United States upon charges, and 
 force him into private life. This prediction is based upon the fact that we do not 
 believe there will be a corporal's guard of Bailey henchmen in the next Legislature. 
 The people were outraged by them and the people know it. While in public life as 
 an official Bailey and his co-workers are justly subject to fair criticism, whether that 
 criticism touch their private or public lives. On the other hand, when he or they 
 abuse a private citizen they descend below the level of official dignity — and especially 
 below the code that should govern the conduct of a Senator. 
 
 The facts justify, we think, much harsher statements than herein made. We 
 try to make them mild as possible. It is lamentable that what is said is justified by 
 facts. Public estimate reached down and pulled Bailey from a low to a high plane. 
 Nothing gives the people more gratification than to do this when men deserve it. 
 Nothing can so wound public sentiment as to have one whom the people have placed 
 upon such an eminence voluntarily cast himself again to the bottom. 
 
 WACO CONFERENCE SOUNDED THE DOOM OF BAILEYISM IN 
 
 TEXAS. 
 By Frank Putnam. 
 
 Waco, Texas, March 7, 1908. 
 The Waco convention was an uprising of the plain people of Texas against the 
 arrogant and disgraceful dictatorship of Senator Joseph Weldon Bailey and his oil 
 trust allies. 
 
 In its purpose, its personnel and its spirit it was without a known precedent in 
 the political annals of Texas or any other American State. 
 
 As far as I am able to learn, it was the first time in the history of this country 
 
898 Senator J. IV. Bailey of Texas Unmasked 
 
 that strong, sober, conservative men to the number of many hundreds, representing 
 an undoubted majority — and a big majority — of the voters of a dominant party, as- 
 sembled with the set and solemn purpose to denounce a senator of the United States 
 and to declare an end of his mastery of the party. 
 
 In the Waco auditorium, where James Stephen Hogg uttered the first and most 
 fiery denunciation of the junior senator in a dramatic climax declared that he "hoped 
 to God the day would never come when a senator of Texas would stoop so low as to 
 take a fee from a corporation," the political doom of Joseph Weldon Bailey was 
 spoken to day by men that meant every word of what they said, and that have behind 
 them the power to make good their words. 
 
 This convention of the plain people served notice that hereafter for a time the 
 servants of the democratic party in Texas must play the role of servant and not that 
 of master. It passed by the state and federal office holders in nominating delegates 
 at large to the national convention of the democratic party, and it named for those 
 honors four unofficial leaders of the people's movement for political freedom in Texas. 
 
 The convention put it up to Senator Bailey either to follow the example of 
 Senator Culberson and Governor Campbell in quietly withdrawing his claim upon 
 the honor of being chosen a delegate at large, or to stand before an outraged state 
 upon the naked record of his gross betrayal. 
 
 If he withdraws, he will in that act confess defeat; if he does not withdraw, 
 he will be beaten as never man was beaten in Texas before. 
 
 The convention endorsed the magnificient record of Attorney General Davidson 
 in prosecuting the law breaking trust that Senator Bailey served. It praised Governor 
 Campbell and Senator Culberson for declining to stand for election as delegates to 
 the national convention. It endorsed William J. Br>'an for president in terms of 
 highest praise, and it named for presidential electors two of the grand old men of 
 the state — Roger Q. Mills and A. W. Terrell. 
 
 I have heard much of the "fighting force that backs Bailey." I venture the 
 assertion that he has not in his mercenary train any group of men that can stand out 
 against the pure and impassioned patriotic oratory of the men that spoke the senti- 
 ments of this convention — against Gerald, Crane, Cocke, Thomas, Crawford, John- 
 son, Owsley, Senter and Mayfield. Because these men are fighting not for hire but for 
 the honor of their state and nation. Their interest springs not from their pockets but 
 from their hearts. 
 
 If the Bailey-Standard Oil forces have any last lingering doubt about the sin- 
 cerity and the strength of this uprising of the people against their corrupt and tyrran- 
 ous rule, that doubt will vanish when they hear how this convention pledged within 
 twenty minutes more than $5,000 to begin the campaign for public honor in Texas; 
 and how county after county promised more if more shall be needed. 
 
 I wish to record the prediction, here and now, that if Senator Bailey dares to 
 come before the people of Texas as a candidate for election as delegate at large to the 
 national convention, he will be beaten in every Texas county. 
 
 The story of the convention is related elsewhere in this paper. The proceedings 
 will become historic. The work here begun will not stop until Joseph Weldon Bailey 
 has been replaced in the senate of the United States by a man whom Texas can claim 
 without humility, nor until the corporations have been placed in a relation to the state 
 in which they shall be the servants and not the masters of the people. 
 
 Since I saw him challenge and give battle to the mighty senator at Austin last 
 winter, I have had an especially warm spot in my heart for William A. Cocke of San 
 Antonio — the chapparal gamecock — and it did me good, a world of good, when, 
 in response to repeated calls from the floor of the convention, he came forward, shy as 
 a girl and flaming with the fierce spirit of the patriot, and received from that splendid 
 gathering of true Texans the longest, heartiest greeting accorded to any man there 
 present. 
 
 It was good to hear Colonel Crawford, that fine figure of the old-time South- 
 erner, launch his fierce denunciation of the man whose name was on every lip, and 
 was nowhere uttered save in mingled wrath and shame. 
 
The Political Life-Story of a Fallen Idol 899 
 
 It will be noticed that the convention did not indorse the administration of Gov- 
 ernor Thomas Mitchell Campbell. This may seem to some a strange ommission. 
 I do not know that It was an intentional omission, but when I recall in fact that Gov- 
 ernor Thomas Mitchell Campbell has not at any time, or in any way, directly or 
 openly indorsed the avowed purpose for which the convention was called, it seems to 
 me that the score between the governor and the convention is even and quits. 
 
 WACO GATHERING WITHOUT A PARALLEL IN TEXAS HISTORY. 
 
 UNIQUE CONFERENCE IN RESPONSE TO AN AWAKENED PUBLIC CONSCIENCE IS 
 SIGNIFICANT OF HIGHER STANDARDS FOR THE FUTURE. 
 
 By B. H. Carroll, Jr. 
 
 Waco, Texas, March 7, 1908. 
 
 Once in France, the men of the South advanced on Paris, singing the Mar- 
 seilles, "Ye Sons of France, Awake, Arise." They followed no special leader, they 
 had no conscious definite object, but were driven by the instinctive impulses of in- 
 surgent liberty, awake in their bosoms, and the tread of their oncoming feet shook 
 thrones and marked the beginning of the end of kingdoms and of kings. 
 
 Today in Waco there met a gathering of men pouring from the South and 
 from all ponts of the compass, their hearts singing bugle music of awakening and 
 freedom, and their coming and their words stirred Texas as the coming of the men 
 of Marseilles stirred France. They came shouting the shibboleth: "Honor is better 
 than Gold." 
 
 So strange a gathering has never been known in the political history of the state. 
 Men have gathered in great assemblies in their state following the dipping plumes 
 of some trusted leader. Men have en masse forsaken great assemblages, shouting a 
 different slogan from that of their comrades left behind and following the nodding 
 plumes of the casque of another leader. Men have formed great political machines, 
 organized county by county, city by city, precinct by precinct, in order to secure for 
 some leader some great office like that of governor of the state, with its powers of 
 patronage and appointment, or that of senator with its wealth of influence and its 
 distribuative gifts. But this gathering is not of that character. 
 
 No swollen campaign funds pay the expenses of propaganda. No hope of office 
 or anticipations of dispensed patronage warms the zeal or kindles the enthusiasm of 
 these messengers. They are gathered to select delegates at large to fill a transient, 
 non-lucrative and honorary office, whose functions will be discharged in a few brief 
 days and whose incumbency will carry with it no emoluments of power and no means 
 of adding a dollar to the wealth of the delegates or of those who sent them. 
 
 Perhaps no 50 men in the vast numbers of those here have the same list of nomi- 
 nees for this honorary office. The delegates are here at their own expense. They 
 are not here in deference to the wishes of acknowledged leaders. No man and no 
 group of men dominates this convention. It is a marvel. It is a gathering utterly 
 unique, without a pattern or parallel. 
 
 "What caused this gathering?" There is only one answer, the Public Con- 
 science. That conscience has acted on the patriotic pride of Texas citizens. That 
 conscience and that pride have caused them to remember that their representatives 
 in congress and in the senate were once all men of honor and devotion to the public 
 weal. The state's representatives have gone to the nation's legislative halls poor. 
 They have usually returned poorer. Its senators have not regarded the senate as a 
 millionaire club to which they must qualify by accumulated wealth in order to take 
 rank and have standing, but rather have preferred to regard it as the highest lawgiv- 
 ing body in the world. 
 
 Because this office to be filled is one of honor, this assemblage is gathered. There 
 are 10,000 democrats in the state from whom four men could be selected, and with 
 any four of the 10,000 these delegates would be content. They only state that there 
 is one name in all the state that must net be on that list. The man that bears it 
 
 11-26 
 
900 Senator J. W. Bailey of Texas Unmasked 
 
 wears a toga, but the men here say that cruel-souled Richard Gloster wore a royal 
 robe. 
 
 The name that is tabooed is that of a man who will for six years sit in the highest 
 council chamber in the world, but he will sit there grouped in the public mind with 
 Piatt and Depew and the exposed hireling of gigantic trusts, but when brave men 
 are gathered at the great democratic nominating convention, these Texans do not 
 want that burly form, unctions with the drippings of despoiling corporations, thrust 
 in the ranks of those who will lift the banner of the state and carry it in triumph 
 to plant it about the figure of the great Nebraskan. 
 
 When the great democratic cry of justice against the pillaging robber barons 
 of the trusts rings in the ears of the nation, they do not want its mouthpiece to be 
 the corporation attorney of he most iniquitous of these trusts, lest they be put to 
 open shame, and the nation mock them and their pretentions. 
 
 These men are Protestants. 
 
 Not such as met at Spires to fight the imposition of a tax, but they are protes- 
 tants in behalf of a polluted patriotism, gathered to protest against being represented 
 in the assembly that voices the hope of the common people of the nation, by a man 
 with unclean hands and itching palm and grasping fingers, lest across their unsullied 
 banner there be left a smear of meal and oil and lest the voters sneer: "The hand is 
 indeed the hand of Esau, but the voice is the voice of Jacob." 
 
 Practiced politicians, brought up in another generation, before the conscience 
 of the public awakened, and in a generation that was accustomed to acquiesce, with 
 either a smile or a tear, in the cynical dogma that, "Purity in politics is an irridescent 
 dream," such men may indeed regard the assemblage here with wonder and call its 
 objects Quixotic. But the wise men, and the young men, have noted in the heavens 
 the signs of the times, and know that democracy must cease to exist when its chosen 
 leaders in office represent any other client than the people. 
 
 CRISP CONVENTION SENTIMENTS. 
 
 Auditorium Motto: "We will down Bailey or go to the Gulf." 
 
 Oil can placarded as follows: "Shall this or the people rule?" 
 
 Mottoes from the Houston Special train: "We oppose turning influence into 
 afHuence. Elect Davidson and Bust the Trusts." 
 
 By Judge Gerald: "If Baileyism prevails, in five years you can not elect an 
 honest man to office." 
 
 By Cullen F. Thomas: "Whoever you may send to Denver, elect no man who 
 makes a letter of introduction from a friend a letter of credit to an enemy." 
 
 By George W. Riddle: "No country can ever be great, nor its people prosper 
 when fraud and deceit are permitted to go unnoticed and unchecked." 
 
 By T. S. Henderson: "We have no spirit of intolerance, we have no enmities, 
 we have no hates, we have no enemies except the enemies of Texas." 
 
 By W. L. Crawford: "We are not willing to see vast temples raised by pre- 
 datory wealth, if in the shadow of these temples wretched humanity grieves and 
 grovels." 
 
 By E. B. Mayfield: "I said at the time that if my picture hung in his home 
 it would hang in a rogue's gallery. The man who dishonors Texas dishonors her 
 illustrious dead." 
 
 By W. A. Cocke: "Democracy stands for the rule of the masses, Baileyism 
 stands for graft by the bosses." 
 
 By M. M. Crane: "If a man does not intend to serve two masters he ought 
 not to take the pay of but one." 
 
 From the resolutions: "The practices of Senator J. W. Bailey as disclosed by 
 the legislative investigation and in the main confessed by him are indefensible, they 
 are in violation of democratic principles and usages, destructive of the public service 
 and an offense against the rights of the people." 
 
The Political Life-Story of a Fallen Idol 901 
 
 MEETING OF THE BAILEYITES AT FT. WORTH, MARCH 28, 1908, 
 
 Texas Farmer : 
 
 Last Saturday the Baileyachers had their convention at Fort Worth. There 
 were present, according to liberal estimates 6,6cx) people. The Baileyites had made 
 the railroads believe there would be at least 20,000, with probabilities favoring 30,000. 
 The railroads "fixed" for the big numbers and were disappointed. The convention 
 calculation will no doubt be much like the calculations they are making as to the 
 vote the Baileyism ticket will receive in the primary; that is, it will get perhaps about 
 one-fifth of the vote they claim. 
 
 The proceedings were characteristic. Not a single issue as raised by the people 
 was met. Hon. Cone Johnson of course received much abusive attention. He ought 
 to be proud of it. To have received praise from a single man who made a speech 
 would have created a public suspicion that he was a crook, politically and commer- 
 cially. That crowd were there whooping in praise of both political and commercial 
 crookedness. 
 
 Yet some may have been conscientious; may have honestly believed all the false- 
 hoods they told and heard. The Good Book tells us of conditions under which men 
 "believe a lie rather than the truth," and the application in this case is exceedingly 
 striking. 
 
 One thing is certain, however; whether the speech-makers and approving listeners 
 were governed by malice or honesty, it is a great pity some method can not be con- 
 ceived to debar them from ever serving upon a jur>'. They either favor political and 
 commercial corruption or have not sense enough to draw a correct conclusion when the 
 evidence is most palpable. How can men, even of only ordinary mentality escape the 
 conclusion that a man who indorses Baleyism must be either a fool or a fraud ; that 
 any man who believes the people in primary will indorse Baileyism denounces them 
 as either fools or frauds? 
 
 Bailey had the nerve to claim, and his organs claim, that he refuted every prop- 
 osition laid down. He segregated a statement made by Johnson as to Bailey's dive- 
 saloon speech abusive of the Legislature and assumed that it criticised his speech when 
 he was nominated. Then he referred to a statement by Mr. Johnson as to Hon. 
 Cullen Thomas, assumed that he had refuted both and told "my countrymen" that it 
 would be just as easy to prove all other statements of Mr. Johnson as false, and did not 
 even attempt to answer further. 
 
 He did not discuss the moral right of a Senator to take clientage from public 
 service corporations. 
 
 When the vouchers were first discovered he denied that he had ever drawn a 
 draft on the Waters-Pierce Oil Co. and denounced them as forgeries. It was plain 
 to everybody then that he was practicing gross deception, because his drafts were 
 in reality upon the Waters-Pierce Oil Company, although direct upon Pierce. When 
 the controversy first opened, he said that he had not taken fees for his work. After- 
 wards he admitted that he had. 
 
 BAILEY CONVICTS HIMSELF. 
 
 His own evidence convicts him of having received $7,500 from the Standard Oil 
 Company for two "attorney's" fees, neither of which was worth over $25 — the pal- 
 pable reason being that they were seeking ways to pay him for influence and not 
 attorney's fees. 
 
 It is known that he had a deal with Harriman under which if Harriman 
 confirms an option held, Bailey in July will receive a "fee" ( ?) of several hundred 
 thousand dollars. Just about the time the campaign will be interesting. Bailey will 
 be "influenced" in politics by what Harriman pays or does not pay. Who can doubt 
 this? 
 
 Here is a Senator who has received thousands from public service corporations, 
 from heads and members of trusts, a Senator who was overwhelmingly in debt by his 
 own mismanagement and improvidence; hopelessly bankrupt. He makes hundreds of 
 
902 Senator J. W. Bailey of Texas Unmasked 
 
 thousands of dollars by sale of his influence — palpably proven by unquestioned evidence 
 and by his own evidence; pays himself out of debt with enough over to be classed as a 
 millionaire! \ et he has the assurance to tell us that he could not be "influenced" by 
 trusts in legislative matters. He has two clients — the people and the trusts. He must 
 be unfaithful to one or the other because their interests are antagonistic. Which 
 will it be? In either case he must be a traitor. Will he go to the people that pay 
 him most or least? 
 
 Only a small part of his imputed wealth has been "spotted" as to whence it came. 
 He had nothing to start on. Where did he get it? He will not tell. 
 
 When whitewashed by a gang of gulled boys in the 27th Legislature he told 
 them that he laid bare his private affairs — everything connected with the Waters- 
 Pierce Oil Co. Yet it was several years after that the "boys" found out he then had 
 thousands in his pockets that were really fees from the Waters-Pierce Oil Co. 
 (Standard). 
 
 Yet in no speech or letter has he ever defended his malodorous transactions. His 
 supporters do not defend them. 
 
 The only defense put up is that he's the nominee. That people who go back on 
 the nominee are not Democrats! 
 
 DEMOCRACY. 
 
 Oh, yes! take a man into the church or a fraternal order, then find out he is a 
 lecherous dog or a common thief — yet you must keep him ! 
 
 Employ a clerk who is highly recommended, and he robs you. Yet you must 
 keep him ! 
 
 Consent to betrothal of a daughter to one who has a spotless reputation. Before 
 the nuptial day you find he's a forger, a thief, or a murderer. Yet you must not cancel 
 the engagement ! 
 
 That's the argument of Bailey and his baileyachers. The convention agreed that 
 he should wed Miss Democracy when the Legislature met. In the mean time all this 
 malodorous procedure comes to light — in which hissing, seething corruption is as plain 
 as the noonday sun. Yet Miss Democracy, the fair goddess of the people, must be 
 immolated upon this altar of graft, graft, greed and putrescence! 
 
 When patriotism protests against the outrage, they coat their lips a foot thick 
 with falsehood by charging that malevolence, envy, hate, inspires the protest. Thou- 
 sands of good and reputable citizens of all classes, hating maliciously a poor erring 
 thing like Bailey ! At Fort Worth one poor fool even went down into the grave of 
 Jot Gunter and flashed over the wire the lie that on his deathbed Jot Gunter indorsed 
 all of Bailey's acts. That would mean that "old Jot" is now in hell — and any man 
 who knew him knows that is not true. 
 
 Who believes the people in the primary will join themselves to the gang of 
 bragging, bullying, falsifying grafters who are trying to build up this machine ? 
 
 THIS REPORT IS NOT FLATTERING. 
 Reply sent to Bailey Headquarters from West Texas. 
 From The Author's Boyhood Home. 
 That the Bailey campaign committee, with Fort Worth headquarters, is liberally 
 supplied with cash, is indicated by the house to house canvass which is being made in 
 all parts of Texas. As indicating this fact The Chronicle has received the attached 
 Bailey campaign blank. The blank was filled out by the gentleman whose name is 
 signed to it, and he declares that the answers given to the questions are accurate, in 
 his opinion. The answers are given in italic. 
 
 Fort Worth, Texas, April 7, 1908. 
 Dear Sir: Please fill and forward at once the blank below: 
 Note that we send you three copies of this sheet. Kindly use the second for 
 another report on the 15th, and the third for another on the 22d. 
 
 BAILEY CAMPAIGN COMMITTEE, 
 
 J. A. WoRSHAM, Secretary. 
 
The Political Life-Story of a Fallen Idol 903 
 
 County or counties covered in this report: Bandera, Kerr, Kimball, Kendall, 
 Edwards. 
 
 Is the Bailey cause gaining or losing? Already lost. 
 
 What causes the change ? Bailey. 
 
 Are our friends well organized ? There are not enough to organize. 
 
 Is the opposition well organized? Doesn't need organizing. 
 
 What is most needed right now to promote the Baily cause? Dough. 
 
 If the election were held today, how would it go, and by what majority? Anti- 
 Bailey by a whole lot. 
 
 Have you been supplied with Bailey h'terature? If not, how many copies of our 
 campaign sheet can you use to advantage at once ? Don't need any; we are already dis- 
 gusted. 
 
 Signature. J. D. Evans. 
 
 Postoffice. Center Point. 
 
 Dated, April 8, 1908. 
 
 Centre Point, Texas, is a town 60 miles northwest of San Antonio, near which 
 Wm. A. Cocke was raised. It is in the beautiful hill-country of Kerr County, nestled 
 among the hills that enclose the charming Guadelupc Valley of Western Texas. 
 
904 Senator J. IV. Bailey of Tc.vcis Unmasked 
 
 CHAPTER XLV. 
 
 PRESS COMMENT FROM OTHER STATES, INCLUDING: 
 
 a. The Aid rich Bill. — The Commoner. 
 
 h. The Whitewash of Joe Bailey. — The Semi-Weekly Leader (Mississippi). 
 
 c. Mr. Bailey, American Honor and American Money. — New York American 
 
 and Journal. 
 
 d. Country Above Party. — William J. Bryan. 
 
 e. 'Senator Bailey's Victory. — Monterey News. 
 
 f. Bailey's reelection. — Memphis Commercial Appeal. 
 
 g. Bailey of Texas. — Philadelphia Record. 
 
 h. Bryan Replies to Bailey. — The Commoner. 
 
 i. From Bailey's Native State. — Brookliaven News. 
 
 j. Bailey's Misguided Friends. — Atlanta (Georgia) Journal. 
 
 k. Bailey's Exoneration. — Richmond Times Dispatch. 
 
 1. Revolt against the Machine. — The Lowell Courier. 
 
 m. Bryan's View of a "Vindication." — The Commoner. 
 
 n. Bailey on the Wane. — Saturday Evening Post. 
 
 o. Pierce and Bailey in Stripes. — The American Republic. 
 
 p. The reach of Senator Bailey.- — ^St. Louis Post Dispatch. 
 
 q. Texas' Shame is a Nation's Disgrace. — The American Republic. 
 
 r. Senator Bailey on Trial. — Boston Evening Transcript. 
 
 s. The Tainted Senator and His Smirched Toga. — Ridgway's Magazine. 
 
 t. Press Comments from Everywhere. 
 
 The Commoner (1903). 
 
 The Aldrich Bill — * » » Yhe objections originally against this bill ar- 
 ranged themselves under four heads. The first objection was very forceably stated 
 by Senator Blackburn in reply to Senator Bailey. The Senator from Texas made a 
 speech in favor of the Aldrich bill. He said * * * "j vvould prefer to have 
 stricken out the provision for interest * * *." These quotations are made to 
 show Mr. Bailey's attitude upon the subject and to give a better understanding of 
 Mr. Blackburn's answer. The readers of the Congressional Record will be impressed 
 with the feeling that Mr. Bailey's argument lacks the force and logic that usually 
 characterizes his speeclies. [Why? No wonder; S. G. Bayne and his $5,000 Stand- 
 ard Oil fee dampened his usual ardor.] Mr. Blackburn in making his reply 
 was frequently interrupted by Mr. Aldrich [Oil-rich] and Mr. Stewart and other 
 Republicans [whom Bailey was aiding in this matter] but he held his ground against 
 them and showed how well one is armed who used the rigiit side of the question. 
 
 The second objection to the Aldrich bill is that the loan of the money gives to 
 the banker a pecuniary interest in keeping the taxes high and the surplus large. As 
 long as they can collect money from the people and then get the money at a low rate 
 of interest [Bailey did not want to charge them any interest at all in his zeal for 
 this Standard Oil measure] their influence will be turned upon the side of high taxes 
 and large surplus. 
 
 The third objection is to be found in the fact that the administration, if allowed 
 to loan out government money at a low rate, will be able to lay the foundation for 
 an enormous campaign fund. » • * T^g fourth objection to the bill is to be 
 found in the fact that the government would become a partner in the stock jobbing 
 transactions of Wall street. * • • 
 
 A careful inspection of the Aldrich bill and a consideration of the arguments 
 tusde for and against it ought to convince any unprejudiced mind that the republican 
 
The Political Life-Story of a Fallen Idol 905 
 
 party is in the clutch of Wall street and is making the Federal treasury merely a 
 business asset of the New York financiers. [And yet Mr. Bailey claims that his 
 Congressional record is as spotless as a good woman's name. This was just about 
 the time S. G. Bayne, president of the Seaboard National Bank, a Standard Oil in- 
 stitution, paid Mr. Bailey $5,000 for writing ( ?) the Security Oil Company charter.] 
 
 Nashville American. 
 
 Joe Bailey is just as good now as he was when being mentioned as a desirable 
 presidential nominee — it is the estimation of the people that has changed since they 
 heard things. * * * Not that Culberson has grown, but Bailey has "shrunk 
 up." 
 
 The following editorial from the Brookhaven Leader, a Democratic paper of high standing pub- 
 lished near Mr. Bailey's boyhood home, in Mississippi, is a fair specimen of outside Democratic 
 sentiment on "The Shame of Texas." 
 
 THE WHITEWASHING OF JOE BAILEY. 
 
 The Semi- Weekly Leader (Mississippi): 
 
 It is doubtful if a more transparent, shameless and disgusting farce was ever 
 enacted before the public under the guise of a serious and honest proceeding than 
 the recent alleged Bailey investigation by the Texas Legislature. There were a num- 
 ber of unique features about this Texas senatorial succession and so-called Bailey 
 investigation that it is to be hoped could not possibly have occurred in any other 
 Southern State but Texas, and not even there except under the peculiar combination 
 of circumstances which conspired to bring them about. 
 
 First, it is the only case on record of which we have any recollection where the 
 official and personal integrity of a United States Senator distinguished political 
 leader — a populor idol — was so compromised, by startling revelations and his own 
 admission after his almost unanimous renomination to succeed himself, that he con- 
 sidered it necessary to desert his seat in Congress for the entire short term, go to his 
 State capital, rally his personal friends and partisans about him and strain every 
 nerve and invoke every political trick, by-play and subterfuge that would serve him 
 to prevent his official repudiation by the representatives of his own party, who, unfor- 
 tunately for the course of honest politics, were under double instruction to vote for 
 him when the Legislature convened. 
 
 Second, it is the only case on record that we know anything about where a 
 majority of the legislature, under the lash of a merciless party machine and at the 
 arrogant behest of a man under disgraceful charges, pusillanimously voted to re-elect 
 him to the Senate regardless of these charges, and then, to palliate their moral and 
 political cowardice, resolved to "investigate" as to the truthfulness of the charges. 
 
 Pontius Pilate, when he had out-raged his conscience, played false to a solemn 
 official obligation and delivered the Son of God into the hands of the Jews to be 
 crucified at the behest of a howling mob, hypocritically went through the form of 
 washing his hands as a token of his own innocence of all wrong. Bailey's partisans 
 and slinking dupes in the Texas Legislature, while shirking responsibility and hypo- 
 critically washing their hands by taking refuge behind instructions given months before 
 the new situation arose or was thought of, added further to the reproach they had 
 brought upon the fair name of their State and the integrity and good faith of the 
 Democratic party by providing for a sham investigation, carried on under the personal 
 dictation of the man being investigated, and then closing the investigation before it 
 was completed and voting to "exonerate" the accused Senator before the members of 
 the Legislature had the opportunity to read the testimony taken in the case. As a matter 
 of fact, there was not even a single member of the investigating committee of the 
 House and Senate who had been constantly present at all the sessions of the committee, 
 save possibly one, and heard or read all of the testimony before the vote to whitewash 
 was taken. A majority of the Texas Senate actually voted to "exonerate" Bailey and 
 discharge its Investigating committee before it was ready to report its findings, and 
 when a majority of the committee ivere still pleading to be permitted to take the testi- 
 mony of other important witnesses in order to complete their inquiry. 
 
906 Senator J. W. Bailey of Texas Unmasked 
 
 h seems incredible tliat a Legislative body, or a committee which had seriously 
 essayed to conduct a full, honest and impartial investigation, and which had any self- 
 respect, would have allowed the man charged with being false to a great public trust 
 to control the investigation, dictate what counsel should represent the people before 
 the committee, interrupt the proceedings by unseemly exhibitions of temper, insult wit- 
 nesses, answer only such questions as he chose during his own examination, make 
 long self-glorifying stump speeches on the witness stand, then order that the farcial 
 proceedings should come to a close and a report be made by the committee within a 
 given time, before the hearing of some of the most important witnesses had been con- 
 cluded. Yet, as incredible as it may appear, all this actually occurred, and the man 
 who was elected before the investigation under the circumstances already recited, was 
 "whitewashed" by a vote of 70 to 40 in the House and 15 ;"> 11 in the Senate. 
 
 But for the vote and protests of these 40 Representatives and 1 1 Senators, the 
 shame of Texas and the disgrace of the Democratic party of the Lone Star State 
 would be complete. They were the salt of their party and State, the only silver lining 
 to this dishonoring chapter in Texas history. 
 
 MR. BAILEY, AMERICAN HONOR, AND AMERICAN MONEY. 
 
 New York American and Journal : 
 
 Senator Bailey has gone back to the Senate of the United States, from the State 
 of Texas. That State more boldly than any other has defied the power of the Stand- 
 ard Oil Company. It now sends to Washington as its representative a man that the 
 Standard Oil Company owns, as this neivspaper and many others have proved by 
 documents. 
 
 It is true (and this is some solace for the honor of Texas) that Mr. Bailey does 
 not really represent the inhabitants of Texas. He does not even represent the 
 members of the Legislature. For some of these have gone on record denouncing him 
 as a dishonorable man, although compelled to vote for him by their home instructions. 
 
 Under what conditions does this man go to represent a great State in the Senate 
 of the United States? 
 
 He goes with accusations publicly made, publicly, oflficially and documentarily sus- 
 tained, charging him with dishonesty, with acceptance of money from great corpora- 
 tions, with having deceived his State, with having represented in the Senate not the 
 people, but organized capital. 
 
 And he goes actually promising that he will resign if the charges against him are 
 proved. 
 
 What a picture of republican government! How amazing to see a great and 
 honorable State sending to the Senate a man accused by responsible people and ir- 
 refutable documents of dishonesty ; a man who at best can say for himself, 'Send me, 
 and Til come back, if they prove me to be dishonest!" 
 
 Intelligent readers have examined with care the proof that this newspaper has 
 furnished as to the acts of Senator Bailey. We have proved in his oivn handwrit- 
 mg and the handwriting of Standard Oil agents that he was the agent of the Stand- 
 ard Oil's agent. We have shown that money was sent to him, and that he took it. 
 We have published the letters that he thought ti-ould never come to light, and that 
 have roused his own State to action. 
 
 We have printed a fac-simile of his own written request that the money given to 
 him by the Standard Oil's agent be paid in a way to make its course a secret. We 
 have his own confession that this man, representing a great State in the highest legis- 
 lative body in the world, took money, confessing that he was ashamed of its origin, 
 and demanding that the origin be hidden. 
 
 In addition to these two charges, and in addition to documents published, there 
 come other attacks originating in his own State, among honorable men that resent the 
 misrepresentation of Texas. Representative W. A. Cocke, on Wednesday, filed with 
 the Texas Legislature additional charges against the shameful Senator. Bailey is 
 accused, names and dates being published, of acting as an agent to collect money from 
 the United States Government while he sat in the senate of the Government. 
 
The Political Life-Story of a Fallen Idol 907 
 
 This he is accused of doing not in one case, but as a regular thing. 
 
 He is accused of conniving at Washington to multiply enormously the pay oi a 
 Government employe. This Government employe was in his debt, rju't'il him morny. 
 The charge against Bailey is that he had this man put in public office, that he then 
 secured for him an arrangement by which he received payment in fees instead of a 
 small salary, getting a very large income of twent)--five thousand dollars per year. 
 The charge further alleges that Senator Bailey derived great personal profit from this 
 arrangement, sharing in the increased revenue, getting his debt out of money that he 
 had taken out of the people because he was a United States Senator. 
 
 These things are not pleasant to talk about. It is not pleasant to see a man of 
 Bailey's personal abilit)', a man whose career might have been as honorable as the State 
 that he represents, thus exposed. 
 
 It is not pleasant to realize that behind such pretensions of patriotism, such fine 
 sounding words as Bailey has uttered in the Senate, there is a capacity for meanness 
 that puts him below the half-starved pickpocket in the public streets. 
 
 Americans may well be disquieted if they find that organized capital can thus 
 take for itself and use for itself those in whom the people have had confidence. 
 
 But the citizen has no right to turn aicay from the spectacle which Bailey 
 presents. It is not a spectacle of degradation merely; // is a national problem. And 
 that problem must be solved. A way must be found to enable the people of the 
 United States to be represented in a legislative body, acting for them, obeying their 
 orders, not acting for Trusts. 
 
 The great lesson that stands out in this Bailey incident is this: The people 
 must elect their oicn senators directly. And they must have in their hands not only 
 the poiver to send men to make their lazes, but also the poieer to recall them. Does 
 any private individual confide to his employes, irrevocably, the most vital exercise of 
 power? Would any intelligent man put the absolute welfare of himself and family 
 into the hands of an employe, depriving himself of all possibility of recall in the face 
 of dishonest actions? 
 
 Senators' seats are bought. This accusation, coupled with the name of Guggen- 
 heim of Colorado, was made publicly on the floor of the Senate within a week by Sena- 
 tor Tillman. It is known, and the Senators in public debate admit it, that men can 
 go to the United States Senate, regardless of the will of the people, by buying a few 
 miserable legislators for sale to the highest bidder. 
 
 Even now, in New Jersey, the people witness the spectacle of a man seeking for 
 office, seeking for a place In the Senate, while the whole world knows that the prob- 
 lem at stake in ivhether or not a sufficient number of legislators can be purchased. 
 
 It leould be utterly impossible, of course, to buy the votes of the people necessary 
 in such an election if the people elected Senators. 
 
 Ought not the citizens to keep for themselves the power of election? Should 
 they not abandon at once the Archaic, foolish, undemocratic hypocrisy of having so- 
 called "superior men in legislatures" choose Senators for the highest legislative body? 
 
 The people must have the power to elect the senators. They must have the 
 power to recall those that they elect. They must have the protection that comes 
 from absolute, instantaneous control of their public servants. 
 
 A GREAT DAY FOR BAILEY. 
 
 Charleston (S. C.) News-Courier: 
 
 "* * * He [Bailey] spoke of Christ losing His temper and scourging the 
 money changers from the temple," and remarked, in passing, 'Those Hebrew money 
 changers were angels of light and mercy compared to these devils who have been 
 fighting me.' " 
 
 We wish "Joe" would quit monkeying with the Holy Scriptures. The parallel 
 he attempted to draw was altogether unfortunate and irreverent. The money changers 
 in the Temple would not have budged an inch ; indeed thy would have mocked at the 
 Master could they have brought any such railing accusations against Him as appear 
 to have been urged with much effectiveness against the very brilliant Senator from 
 
908 Senator J. W. Bailey of Texas Unmasked 
 
 the State of Texas. "Those Hebrew money changers," of which Mr. Bailey spoke 
 with such indignation, would properly have "stood in" with "Joe" in his recent opera- 
 tions in the State of Texas. 
 
 COUNTRY ABOVE PARTY. 
 
 By William J. Bryan. 
 
 The following is an excerpt from the speech of Mr. Wm. J. Bryan at the Demo- 
 cratic National Convention at St. Louis, in presenting to the Convention as a can- 
 didate for the presidency Senator Cockrell of Missouri. The speech is entitled "I 
 Have Kept the Faith," and is found on pages 343-54 of Mr. Bryan's book entitled 
 "Under Other Flags — Travels, Lectures, and Speeches." The extract is copied from 
 pages 346-47 : 
 
 "As your candidate I tried to defeat the Republican party. I failed, you say. 
 Yes, I failed. I received a million more votes than any democrat had ever received 
 before, and yet I failed. Why did I fail? Because some who had affiliated with the 
 Democratic Party thought my election would be injurious to the country, and they 
 left the party and helped to elect my opponent. That is why I failed. I have no 
 words of criticism for them. I have always believed, I believe tonight, and I shall 
 ever believe, I hope, that a man's duty to his country is higher than his duty to his 
 party. I hope that men of all parties will have the courage to leave their parties when 
 they believe that to slay with their parties would injure their country. The success 
 of our government depends upon the independence and moral courage of its citizens." 
 
 SENATOR BAILEY'S "VICTORY." 
 
 Monterey (Mexico) News. 
 
 Senator Bailey has won ; the state of Texas and the democracy of the United 
 States have lost. 
 
 That is the meaning of the vote in the joint session of the Texas legislature on 
 Tuesday whereby Joseph W. Bailey was re-elected to be one of the Lone Star State's 
 representatives in the United States Senate. * * * 
 
 Mr. Bailey should never have been re-elected. It is a reproach to Texans to 
 return him to the senate. He is typical of a class of officials that need to be rooted 
 out of American public life. 
 
 The democratic party, if it is to subserve truly democratic interests, must needs 
 make unrelenting war upon the Bailey stripe of democrat in city, state and nation. 
 He is not a democrat ; he is a plutocrat — a politician who prostitutes his official posi- 
 tion to enrich himself and the lawless capitalists in the states who have robbed the 
 great mass of the American people. * • • 
 
 The re-election of Senator Bailey is a travesty upon popular representative gov- 
 ernment. It is a triumph of political manipulation, supplemented with subserviency, 
 servility, a perverted moral sense, and a cowardly evasion of responsibility on the part 
 of the members of the Texas legislature that voted to give to Senator Bailey the in- 
 dorsement of the state of Texas. Every man who so voted should be made to feel 
 that he has degraded the legislative body of which he is a member, disgraced the state 
 of which he is a citizen, and drawn across the face of democracy, whose interests he 
 pretends to serve, a wound which, though it may cicatrize in time, will leave there a 
 scar ineffaceable. 
 
 THE SENATE LEADERSHIP. 
 
 New Orleans Times-Democrat. 
 
 • * * The vindication of Senator Bailey must come through disproving the 
 charges against him, and not by the vote of a body which has not investigated those 
 charges. ♦ • * 
 
 Let Senator Bailey vindicate his good name before he allows his friends to talk 
 about advancing him to the leadership of a party in the greatest legislative body in 
 the world — a position which should be held by a man absolutely beyond suspicion. 
 
The Political Life-Story of a Fallen Idol 909 
 
 BAILEY'S RE-ELECTION. 
 
 Memphis (Tenn.) Commercial-Appeal. 
 
 We may not have the ointment without the accompanying annoyance of the buzz- 
 ing of the disagreeable insects; and we may not enjoy the development and aggrandize- 
 ment of the South without the introduction of some one or more of the obnoxious 
 influences that travel in the wake of wealth and its production. Always there is a 
 spider ready to drop into the cup of expectation ere it can be converted into a dish of 
 reality.^ Always there is a Joe Bailey to flounder in the pail when the milking begins 
 to attain the satisfactory degree of richness; so that the upshot of it all is that we 
 may not change one condition for what appears to be a better, without bringing into 
 existence the accompanying pest of the fancied betterment. 
 
 The South has been poor, but honorable. It has been quite without federal politi- 
 cal influence ; but also free from the evils of political grafting among its representatives 
 and senators. The standard of representative honor and honesty in the South has been 
 as high as its comparative poverty in the past has been great. But of late prosperity 
 has been pouring into the South, and only yesterday, as it were, with the full cup of 
 wealth ready to empty itself upon the land, there is a splash in the ointment, and 
 Joseph W. Bailey of Texas lies there, the sprawled spider, wriggling in the cup. 
 
 BAILEY OF TEXAS. 
 
 Philadelphia Record. 
 
 Joseph W. Bailey goes back to the senate with his pockets bulging with retain- 
 ers from the president of an oil company, and will continue for the next six years to 
 represent the most implacable foe of trusts, and especially oil trusts — the great, glori- 
 ous and indivisible state of Texas. 
 
 To persons unlearned in the law there is a trifling incongruity here, but if you 
 know enough law the whole thing is perfectly transparent. The president of a trust 
 is a natural person, and Texas loves natural persons; it loves to send them to the 
 senate; there was never a more natural person than Senator Bailey, who denounces 
 the trusts that his constituents loathe, and serves the president of a trust in consideration 
 of big money. But a trust is an artificial person, created by a state — after New Jer- 
 sey. Texas abominates unnatural or artificial persons. Therefore, the pathway of 
 the senator is perfectly straight, and he traveled it triumphantly back to the United 
 States senate. 
 
 Under no circumstances would he serve a trust. Not all the wealth of the Stand- 
 ard Oil would seduce him from the path of Texan rectitude. But there is no reason 
 why he should not be Mr. Rockefeller's attorney, or the attorney of any officer of an 
 oil company. The theologians are skilled in explaining how hatred of sin may co- 
 exist with love of the sinner, and that is just the way the Texas legislature feels 
 about it — it hates the trusts, but it loves Bailey. 
 
 The dispatch announcing the re-election of the Senator also informs us that the 
 special investigating committee of the legislature is considering the evidence against the 
 senator. It had better drop the case. It has no jurisdiction. The legislature has taken 
 the case out of its hands. 
 
 MR. BAILEY RE-ELECTED SENATOR. 
 
 Mobile (Ala.) Register. 
 
 Senator Bailey has received an indorsement by the Texas legislature, without 
 a vindication, for the investigation of the charges against him is still in progress in 
 the special committee of both houses. 
 
 BRYAN REPLIES TO BAILEY. 
 The Commoner. 
 
 In a speech delivered at Austin, Texas, January 27, 1907, Senator Bailey — as 
 reported in the Houston Post — said: 
 
 "We made one mistake in i8g6. I did not help to make it myself. I did not 
 make a calamity campaign, and I hope we will never have another one. Let us make 
 
910 Senator J. IV. Bailey of Texas Unmasked 
 
 our campaign on governmental principles, because thus only can we fulfill the expec- 
 tations of the people. If we make a campaign upon the success of the season of the 
 abundance of the crops, then if the seasons fail or the crops diminish we cannot fulfill 
 the expectations of the people. Let us have the courage and the intelligence to stand 
 and tell that all the government can do is to make them just and wise and equal laws. 
 Let us pledge them that the democratic party will do that and leave all else of the sal- 
 vation of the people to themselves." 
 
 If Senator Bailey doesn't make any more mistakes than the democratic party 
 made in 1896 he will have made a fine record for sagacity; The Texas senator's de- 
 scription of the 1896 campaign is by no means fair. Indeed it sounds very much like 
 a republican editorial. 
 
 The democrats did not make it "a calamity" campaign; they did not make it "a 
 campaign upon the success or upon the failure of the seasons." They did have the 
 courage and the intelligence to stand for the public interests and to make clear and 
 explicit pledges of what they would do in the event they were entrusted with power. 
 
 The day has gone by when the splendid attitude taken and the good work per- 
 formed by the democratic party in 1896 can be estimated by a sneer, and in proof of 
 this we need but to cite the well established fact that the radicalism of 1896 has be- 
 come the consevatism of 1907; that the Chicago platform, denounced and laughed at 
 by many, has so grown in favor that a republican president has won his greatest popu- 
 larity by the adoption of the principles and policies described in that platform. The 
 spirit of that platform has steadily grown in favor with the American people, who, 
 in the opinion of many well informed men throughout the country, are prepared to 
 entrust the democratic party with power whenever the party shall show a willingness 
 to deal frankly with the people and a determination to cut itself loose from all en- 
 tangling alliances with special interests — from the entangling alliances of a corpora- 
 tion contribution to campaign funds; the entangling alliance of a committee organiza- 
 tion composed of men more concerned in the welfare of the trusts than in the public 
 interests; and from the entangling alliance of candidates, who keep the word of promise 
 to the ear only to break it in action. 
 
 FROM BAILEY'S NATIVE STATE. 
 
 Brookhaven (Miss.) News. 
 
 The Bailey investigating committee of the Texas legislature is quite beneath 
 contempt by the way it allows Bailey and his lawyers to domineer and dictate its pro- 
 ceedings. A decent regard for its own dignity and self-respect, to say nothing of 
 what it owes the people of Texas and the democratic party at large should command 
 a fairer and more independent course of action. Enough has been developed before 
 this pliable committee by Bailey's own friends to prove that he disgraces the seat he 
 
 holds. . A 1 . 
 
 Bailey has been proved to be in politics what Benedict Arnold was m war — a 
 traitor to his people and party. Whether he resigns or not, he will hereafter be known 
 as the traitor senator from Texas, who sold the people of his state for a mess of Stand- 
 ard Oil pottage. 
 Lawrence County (Miss.) Press. r , • ^ i 
 
 No formal charge has been made against the Texas legislature for electing hJailey 
 to the United States Senate, but there is no need of it— the body stands convicted 
 without a trial. As for Bailey, he convicts himself by his own words. He uses blus- 
 ter for the public, but in dealing with the legislature, he brings into play such per- 
 suasive methods as has always been adopted by the Standard Oil Company, and with 
 infinite success. 
 
 BAILEY'S MISGUIDED FRIENDS. 
 
 Atlanta (Ga.) Journal. 
 
 * * * To the average disinterested observer there yet remains a great deal 
 which demands an explanation. , , ,, u u- 
 
 But whatever may be the facts in that connection, it is undoubtedly true that this 
 
The Political Life-Story of a Fallen Idol 911 
 
 snap-judgment — this dismissal of the committee without so much as waiting for are- 
 port — will be looked upon throughout the whole country as a whitewash. There is no 
 other way in which it reasonably can be construed. 
 
 Mr. Bailey's friends have given aid and comfort to his enemies. 
 
 In existing circumstances it would not be surprising if the senate of the United 
 States should see fit, either now or hereafter, to take up this matter and conduct a 
 more thorough and persistent investigation. If Senator Bailey is innocent of the 
 charges brought against him he should have demanded a thorough investigation and 
 a report from the investigating committee. 
 
 THE BAILEY INVESTIGATION ENDS. 
 New Orleans Times-Democrat. 
 
 * * * If ever a supposedly dignified senator breathed fire and fury, hate, ob- 
 jurgations and threats and, in general, comported himself in a most unbecoming man- 
 ner verbally, Senator Bailey did it. His speech reminds us of the political polemics 
 of Central American statesmen, who frequently accuse each other of all the crimes 
 in the catalogue, commencing with poisoning. 
 
 A NEW TEXAS STAR. 
 
 New Orleans Times-Democrat. 
 
 Senator Bailey's speech before the Texas legislature would indicate that he intends 
 to assume the role of the Lone Star on the Texas political stage. 
 
 ONLY ONCE BEFORE. 
 Springfield Republican. 
 
 Having been through the mill. Senator Bailey may be accepted as an authority in 
 saying that only once before in the history of the South has the conduct of one of its 
 United States senators been investigated by a state legislature. And on that previous 
 occasion, he was the man. 
 
 BAILEY'S EXONERATION. 
 
 Richmond Times-Dispatch. 
 
 After an investigation lasting several weeks, the Texas legislature has exonerated 
 Bailey. 
 
 The verdict was a foregone conclusion, and recalls a story which Mark Twain 
 tells of a Western justice of the peace. After hearing the evidence and argument in 
 a case which had come before him for trial, the justice of the peace made the follow- 
 ing announcement: "This is such a complicated case that the court will take a week 
 to consider before rendering a decision, but will eventually decide in favor of the 
 plaintiff." 
 
 The Bailey verdict was written in advance of the trial; but such a verdict of 
 acquittal is not always an exoneration in the estimate of the public. 
 
 NERVE STILL INTACT. 
 Chicago Tribune. 
 
 Senator Bailey has suffered no shrinkage in his nerve department. He insists 
 on being re-elected to the leadership of the minority in the senate. 
 
 REVOLT AGAINST THE MACHINE. 
 Lowell Courier. 
 
 People are tired of the machinists whose only love for party is based on what 
 there is in it for them. It has taken a good deal of kicking to get the idea into their 
 noodles, and it may well be that they do not yet realize that times have changed. But 
 it is a fact that they have changed and very decidedly, too. It is no longer sufficient 
 that a man comes before the public duly authenticated as a party candidate, approved 
 by the party's esoteric dictators. He has got to be more than that, and the sooner the 
 
912 Senator J. W. Bailey of Texas Unmasked 
 
 party dictators realize that fact, the sooner will they profit the party, however it may 
 be with themselves. 
 
 We had sunk into a lethargic state, wherein we either did not realize or did not 
 care what incidental emolument politicians might reap from the state — and it took a 
 sort of political earthquake to awaken us. 
 
 THE BAILEY TRUST. 
 
 Wilmington (Del.) News. 
 
 Texas now has a law that is expected to strangle the theatrical trust so far as 
 that state is concerned. If there is any one thing that Texas hates it is a trust. But 
 Senator Bailey's trust is unbroken. He has just finished one term in the senate, ia 
 to begin another as soon as he is sworn in, and he has declared that he expects to suc- 
 ceed himself in 1913. By that time perhaps the Texas legislature may be able to 
 pass an anti-Bailey trust act. 
 
 BRYAN'S VIEW OF A "VINDICATION." 
 
 It has remained for the Commoner, edited by the Hon. W. J. Bryan, to properly 
 define the meaning of the term "vindication." Mr. Bryan's visits to Texas this week 
 for the purpose of addressing the legislature makes his editorial definition of "vindica- 
 tion" of especial interest. Here it is from the Commoner: 
 
 SETTLED. 
 
 "Liar!" hissed the public official when confronted by the charge of graft. 
 
 "Liar-r-r-r!" he hissed some more. 
 
 "Whereupon his personal organs claimed a vindication and declared that the 
 incident was closed. 
 
 Readers of the Chronicle are left to find the application. Surely the Commoner 
 has no reference to anything that has recently happened in this part of the world. 
 
 Vicksburg Herald. 
 
 When a sub-committee was appointed to go to St. Louis to take the deposition 
 of his friend, and client, H. C. Pierce, it was announced that Bailey would go with 
 them. That is, he did not dare to let Pierce testify of their many oily transactions 
 without he was present. 
 
 Brookhaven (Miss.) Semi-Weekly Leader. 
 
 The Texas Legislature has invited W. J. Bryan to visit Austin and deliver an 
 address. After re-electing Joe Bailey to the Senate before investigating the grave 
 charges against him, the Texas legislature should thoroughly fumigate before expect- 
 ing a pure and high-minded statesman like Mr. Bryan to condescend to be their guest 
 and address them. 
 
 BAILEY ON THE WANE. 
 
 Saturday Evening Post. 
 
 There was a time when Senator Bailey of Texas was the reputed foe of evenmg 
 clothes. He said he wouldn't wear 'em, but that was long ago. He wears them now, 
 and is as faultless a figure in them as you can find in this city of well-dressed folks. 
 That evening clothes story about Bailey was a good deal of a myth, I am told, but it 
 struck to him for years, even after he had provided himself with all the togs required 
 by the conventionalities. Bailey has not done much this year. He has sat gloomily, 
 listening most of his time, occasionally entering the debate, but not often. 
 
 There was an affecting scene in the senate a short time ago. Senator Culberson, 
 also of Texas, democratic leader, and Bailey's most cordial enemy, arose in his place 
 and announced the appointment of his colleague, Senator Bailey, to the chairmanship 
 of the committee on the disposition of useless papers in the executive departments. You 
 would think, to hear Culberson say it, that he was conferring on his colleague a boon 
 of priceless worth ; and he was doing something, at that, for the chairmanship gives 
 Bailey a committee room for an office, which he has not had heretofore. Still, every- 
 
The Political Life-Story of a Fallen Idol 913 
 
 body chuckled at the thought of Bailey, the great constitutional authority, sitting at 
 the head of a committee on useless documents — that is, everybody but Bailey. He 
 bowed gravely to Culberson, showing that he has a sense of humor, no matter what 
 he was thinking of Culberson at the time. 
 
 BAILEYISM AND PROHIBITION. 
 
 (Farmersville Times). 
 
 The morality of the anti-Baileyism question differentiates itself from that of the 
 prohibition question in that the former has respect to honesty while the latter pertains 
 to sobriety. To be strictly consistent one should favor both if he favors either, but 
 unfortunately the moral nature does not reside consistently alike in every human 
 being — there being some who are devoted to sober morality, but indifferent about 
 honest morality, and vice versa; some who staunchly believe in honest morality, but 
 are indifferent as to sober morality. Thus we find the clergy almost solidly arrayed 
 against the saloon to produce a soberer citizenship, but there is a great and sad 
 difference among this high profession when it comes to the question of anti-Baileyism 
 to produce a more honest statesmanship. If a sober citizenship is a moral good to 
 be desired, is not an honest statesmanship a moral good to be equally desired? 
 Then why an unceasing devotion to the one and an utter indifference to the other? 
 Is the love of money — that disregards the manner of its getting — such a powerful 
 root of evil that even the Christian ministry of this nation is tainted with its 
 filthiness? 
 
 BAILEY AND CULBERSON. 
 
 (Saturday Evening Post.) 
 
 Senator Bailey was not in the senate much during the session that ended last 
 March. He had urgent business at home, where some utterly irresponsible persons, 
 as he pointed out, were digging up documents and things. The exasperating incidents 
 took Bailey's mind from his senatorial duties. Had he been free from such petty 
 annoyances, it is likely that he would have taken the minority leadership this year, if 
 he could have obtained it, which he could not. At any rate, he would have endeavored 
 to dissuade the minority from giving the honor to Senator Culberson, there being 
 between Bailey and Culberson a I-hope-you-choke feeling. 
 
 H. CLAY PIERCE WILL PROBABLY WEAR STRIPES; THEY WOULD 
 LOOK GOOD ON BAILEY, TOO. 
 
 The American Republic. 
 
 H. Clay Pierce of the Waters-Pierce Oil Company branch of the Standard Oil 
 Company, has been mdicted for perjury by a Texas grand jury. The indictment is 
 based on evidence of Pierce as to The Standard Oil Company's business conduct in 
 Texas. The Standard Oil Company is the Waters-Pierce Oil Company under a dif- 
 ferent name. This concern was Senator Bailey's client. Pierce and Bailey undertook 
 to over-ride the laws of Texas so that the Waters-Pierce Oil Company could do busi- 
 ness in Texas in defiance of the Anti-Trust Laws. Bailey was well paid but disgraced 
 politically. Pierce now stands charged with perjury. 
 
 Bailey, if evidence can be believed, is a political prostitute. Pierce, if the indict- 
 ment be true, is a perjurer. Bailey is a fair representative of the corruption in the 
 United States senate ; Pierce in the business world. 
 
 The Waters Pierce Company was operated from St. Louis, but was directed from 
 the back door office of the Standard Oil Company in New York. This was done 
 so that the mail would not disclose that they were one and the same. The address 
 of the Standard Oil Company was the front door — the mail of the Waters-Pierce Oil 
 Company came in at the back door. 
 
 This is what the sworn evidence disclosed during the investigation of Bailey by 
 the Texas legislature, yet he was returned to the Senate. The Railroads and cor- 
 porations are powerful in Texas. They control the Democratic party there just as 
 
914 Senator J. IV. Bailey of Texas Unmasked 
 
 they control the Republican party in Pennsylvania. And hence Bailey was returned 
 to the Senate. But Pierce is now a fugitive from justice. 
 
 The Gorvernor of Texas has made all the necessary legal demands on the Gov- 
 ernor of Missouri for Pierce. And the honest and brave young Governor of Missouri 
 has honored tiie legal demands of the patriotic Governor of Texas. However, Pierce 
 is now in New York and cannot return to Missouri. * * * jj seems that the 
 law will finally be vindicated and stripes will be placed upon the plunderers of the 
 people. 
 
 Geo. W. Perkins, partner of Pierpont Morgan, is now indicted in New York 
 for his connection with the great Insurance Companies and is in Europe to keep out 
 of the jurisdiction of the courts. Jno. D. Rockefeller stands indicted as a criminal 
 in Ohio. The Vice-President of the Mutual Reserve Life Insurance Company of 
 New York has been recently convicted and sentenced for a term of two years 
 at Sing Sing. His brother, who is President of the same company is now indicted in 
 New York and must soon stand trial. And thus the good work continues. 
 
 The people are determined to enforce the law and place stripes on these criminals. 
 The good of society demands it. The safety of the states requires it. This class are the 
 real criminals of this age and these times. Let them wear the stripes and carry the 
 chains around their ankles. We hope that Pierce will wear the stripes in the Texas 
 penitentiary. And what a pity that the letter of the law is not broad enough to in- 
 clude his former political representative in Texas — Joseph W. Bailey. Would they 
 not grace the cells of the Texas penitentiary? 
 
 THE REACH OF SENATOR BAILEY. 
 
 (St. Louis Globe-Democrat.) 
 
 Every day brings a new shudder at the narrow escape from a deadly breach in 
 the Joe Bailey trial. Every day there is somebody starting for Prosecutor Cocke, and 
 every day there is nobody getting up to him. The press dispatches are inadequate 
 in telling whether Cocke changes base or whether the men who start after him stop 
 before they get there. Sometimes a man who is started after can stand perfectly still 
 and wait, yet never be reached. It is a mystery to us why Cocke of Texas has not 
 been reached, he has been started after so often. Senator Bailey has started after him 
 on four separate occasions. Tlie chairman of the committee has kept going after him 
 ever since the investigation began. Neither of them has made connection, yet after each 
 attempt Cocke has resumed his former lines of investigation, which a man who has 
 had to save his skin by running would hardly do. Dealing with fierce and warlike 
 gentlemen, wliose integrity is aspersed and whose honor is assailed by foul insinua- 
 tion of loaning each other their duplicate keys to ground floors, Cocke has alwaj's re- 
 sumed, after each of these vain efforts to reach him with the same line of impertinent 
 questions to infuriated witnesses under investigation, but insisting that they shall be 
 asked no questions to indicate that they are under suspicion. 
 
 Since being reached after a dozen times, and always missed, Cocke has broken 
 his mysterious and eloquent silence. On Tuesday Senator Bailey made his fourth 
 effort to get to Cocke, and again fell short. The provocation lay in a remark of the 
 prosecutor which the senator interpreted as a reflection upon his veracity. Declaring 
 that he would allow no man to call him a liar, he shouted out the text on which Cocke 
 hangs his protest that calling a man a liar is not sufhcient provocation for fighting. 
 If that is the Texas view it must be remembered that Mr. Bailey for the last dozen 
 years has lived more than half of the time outside of Texas. During this long resi- 
 dence abroad he has acquired habits foreign to Texas. No matter how he denounces, 
 while thundering at (joliad or Lampasas, the 6 o'clock dinner of the north, and the 
 dress suits of evening functions, it can be easily proved that when in Washington or 
 New York he comes down to 7 o'clock dinner in full evening dress. If Cocke ex- 
 pressed the Texas idea of the eternal fitness of things in saying that calling a man a 
 liar is not fighting provocation, the fact that Joe Bailey has always stopped before he 
 got to Cocke may be regarded as a concession to the public opinion of Texas. There 
 
The Political Life-Story of a Fallen Idol 915 
 
 may have been other reasons. Cocke deprecates "fighting like cats and dogs." Such 
 men are dangerous. 
 
 There are still other points of view. During his years of education while away 
 from Texas, Senator Bailey has learned that it is no derogation of dignity, and in- 
 volves no loss of standing, for a man to join in the smile which wreathes the faces of 
 his friends when he is called a liar, either in the progress of debate or in a controversy 
 with a co-ordinate branch of the government. During the last session of Congress 
 Senator Bailey was one of the senators called a liar by a White House edict. A dozen 
 or a score other men were called liars at the same time, and in the same way, and by 
 the same person. Making it a personal matter was out of the question, but when Mr. 
 Bailey now declares that "no man living can call me a liar," he forgets Theodore 
 Roosevelt, who used the same branding iron on Bailey and Tillman, and with which, 
 at the same time, he scorched some of the hair off a number of other mavericks on the 
 railway regulation bill. 
 
 The patience and good sense with which Mr. Bailey stood the gaff at that time, 
 when there was no way either of getting away from it or giving it back, makes more 
 inexplicable his failure to now come up with a man he so often starts for, and who 
 stands still. Bailey is posing before Texas in this as in the matter of the dress coat 
 and the time to eat. He knows that Texas expects something of a man who is called 
 a liar, but he ought to know that after a man has been called a liar * * * he is 
 held immune, in Texas as everj^where else, from the virus of another such wound. 
 If Bailey can smile when taking the lie in Washington from a man who is out of his 
 reach, why can't he smile when taking it in Texas from another man who is always 
 out of his reach, no matter how often he reaches for him ? 
 
 TEXAS' SHAME IS A NATION'S DISGRACE. 
 
 (The American Republic.) 
 
 The return of Joseph W. Bailey to the United States Senate was a disgrace to 
 the Commonwealth which he is supposed to represent. That Bailey has ability no 
 one will deny. But ability alone is not the only qualification for a United States Sena- 
 tor. He should have character. If evidence can be believed, Bailey is fundamentally 
 wanting in character as a public official. 
 
 We do not deny the right of a United States Senator to follow his vocation when 
 at home. If he is a business man he has a right, and in fact, it is his dutj' to look 
 after and attend to his private business when not in Washington attending to his 
 official duties. If he is a lawyer, he has a perfect right to practice his profession when 
 Congress is not in session. While Congress is in session his duty is there. In vaca- 
 tion, he has a perfect right to look after his private business. But attending to your 
 own private affairs and selling your poltical influence are two different things. The 
 practicing of your profession as a la\\'yer is one thing and selling your influence as a 
 United States Senator is another thing. 
 
 Bailey does not seem to differentiate between the two. He has a good mind ; a 
 strong mind and an analytical mind, but when he comes to differentiating between 
 practicing law as a lawyer and selling his influence as a United States Senator, he 
 seems to have been dull mentally. His mind is muddy. In fact he could not differen- 
 tiate. He confounded the two. But, we do not believe that Bailey's mind was so 
 much at fault as his character. We believe that his mind was strong and discriminat- 
 ing, but we believe that he was wanting in character. 
 
 We had hoped in the beginning of the public rumors as to Bailey that he would 
 be able to vindicate himself. The Nation needs all the brains and character that these 
 times can supply. Bailey represented the flower of young manhood of the Nation — 
 his capacity and opportunities for good were great. The age is calling for men of 
 character and of brains. Bailey could have answered the call of the Nation. We 
 have followed his public career with interest from its beginning and expected much 
 of him, only to be disappointed. 
 
 There have been few public men in the history of the Nation who have been 
 such a great disappointment to the people as Bailey. We gave him the benefit of the 
 
916 Senator J. IV. Bailey of Texas Unmasked 
 
 doubt until the last. But the evidence was overwhelmingly against him. That 
 he has used his official political position to make money no one who reads the evidence 
 and can earnestly weigh the testimony can for one moment doubt. That his po- 
 litical influence was for sale, we do not believe any sane mind that reads the evi- 
 dence would for one moment deny. 
 
 We did not wish to take other people's interpretation of the evidence delivered at 
 Austin, Texas, against the Senator nor did we wish to accept the newspaper's con- 
 struction of it, so we secured the daily reports of the evidence — the questions and 
 answers — the official and sworn evidence as reported at Austin, and, after having read 
 the evidence, we have but one conclusion : That is that there should be some pro- 
 vision in our laws to cover cases of the nature of Bailey's so as to send all such to the 
 penitentiary instead of returning them to Washington as United States Senators. 
 
 It is a great misfortune to the American people that our law is so defective. The 
 idea of a United States Senator selling his political influence either in State of 
 National matters and there being no law to punish him for the crime is a great defect 
 in our legal system. That Bailey juggled with the officials of the Waters-Pierce 
 Oil Company, (a branch of the Standard Oil Company), and other corporations and 
 used his political influence for their benefit and received compensation therefor, no 
 one who reads the evidence will for a moment doubt. 
 
 That they would not have employed him had he not been a United States Senator, 
 no one who discriminates will for one moment doubt. Every discriminating mind 
 that reads the evidence delivered at Austin must be satisfied that these corporations em- 
 ployed him for his services, not as Bailey the lawyer, but as Bailey the United States 
 Senator — that it was liis political influence in Texas that they purchased is apparent. 
 It should be as great a crime for a United States Senator to realize money for his in- 
 fluence in State matters as in National matters. Does any sane man think for one 
 moment that Bailey was paid all the money he received from the trusts and cor- 
 porations for any purpose other than his political influence? 
 
 His return to the United States Senate demonstrated how corrupt any party will 
 become when it is in absolute power in a State. If Texas had been a close State po- 
 litically, the Democratic party would not have dared return Joe Bailey to the Senate 
 in view of the evidence delivered at Austin during the investigation. The rail- 
 roads and corporations which dominate the Democratic party in Texas returned him 
 — not the people. The same influence in the Democratic party in Texas returned 
 him to the Senate that dominated the Republican party in Pennsylvania and returned 
 Quay to the Senate after he had been indicted and tried as a felon — the corporations 
 and corruptionists. 
 
 In Texas this corrupting influence is in the Democratic party — In Pennsylvania 
 it is in the Repuolican party. The men who produce this corrupting influence have 
 no politics. They associate with the party that is in power — they have no political 
 faith or political creed. There are few, if any, parallels to Bailey's case in the history 
 of the Republic. His brazen manner is disgusting to the American people. He seems 
 to have no sense of shame. He does not seem to understand that the American 
 people realize that he is a political prostitute. We can think of but one analogy that 
 fits Bailey's case; that of a brazen fallen woman attempting to assume the manners 
 of chastity. His attitude was an insult to the great Commonwealth which he assumes 
 to tempt. 
 
 His manner of bluff and bluster before the committee at Austin was disgusting 
 and his assumed manner towards Representative Cocke who preferred the charges was 
 contemptible. Mr. Cocke was a representative of the people in the general assembly 
 of Texas, and as one of the people's representatives he had a right to prefer the charges 
 against Senator Bailey — it was his duty to prefer these charges and to see that 
 they were honorably, fairly and justly investigated. The general assembly voted that 
 such be the case ; yet Bailey assumed a manner of treating this investigation with con- 
 tempt. His attitude was an insult to the great Commonwealth which he assumes to 
 represent in the United States Senate. When any man reaches the position of Bailey 
 where he thinks every other man is servile to him, it is time to call his hand. 
 
The Political Life-Story of a Fallen Idol 917 
 
 That investigation at Austin was a serious matter. It should have been con- 
 ducted with dignity. The prosecuted should have respected the prosecution until 
 all the evidence was of record. Both should have respected the committee during the 
 investigation. It seems from the record that Representative Cocke, who preferred 
 the charges, acted with respect toward the Senator and with respect toward the 
 committee during the entire investigation. The dignity of the State required this 
 much. Mr. Cocke acted the gentleman — Bailey the ruffian. 
 
 When Bailey attempted to disregard the dignity of the occasion and treated the 
 prosecutor with contempt, Mr. Cocke should have horse-whipped him — the dignity 
 of the occasion had lost its saving power by virtue of Bailey's acts and he should have 
 been made to have borne the consequences. Had we been placed in Representative 
 Cocke's place and Joe Bailey had attempted to disregard the dignity of the occasion 
 by treating us as he did Mr. Cocke, we would have horsewhipped him as we would 
 the blackest and commonest free negro in Georgia that we might have caught in a 
 chicken roost stealing chickens at night. Bailey had placed himself where he did not 
 deserve the respect due a United States Senator. When a man reaches that point 
 where he disregards public opinion, his official position and the rights of others, there 
 is only one way to treat him — treat him as he regards others. Bailey had placed him- 
 self where he did not deserve the respect of a Senator and should have been dealt with 
 accordingly. 
 
 But he returns to Washington and announces that he wishes to be the leader of 
 his party in the Senate. Ah! the gall! the gall! the gall! of some men. Is there no 
 such thing as shame written in the vocabulary of some men ? But that is Bailey. 
 What influence he will have there now we do not know. We do not attempt to say 
 — we dare not speak for the acts and doings of that body as now organized. But this 
 we do know; Two or three generations ago when patriotism ruled that body, Bailey, 
 with his record as now disclosed by the evidence delivered at Austin, would have had 
 no more influence and standing in that body than the scarlet women of the streets 
 would have in decent and respectable society. Texas' shame in returning Bailey 
 to the Senate is a Nation's disgrace. 
 
 SENATOR BAILEY ON TRIAL. 
 
 Boston Evening Transcript, by Frank Putnam. 
 
 Considered as a piece of public business, the recent "investigation" of United 
 States Senator Josepli Weldon Bailey was a painful fiasco. Regarded as a spectacle, 
 it was essentially comic. 
 
 Senator Bailey, although no man opposed his re-election, got his name put on the 
 Democratic State ticket as a candidate in the fall primary, 1906. As a matter of 
 course, having no opponent, he was duly nominated. Just what he had in view in 
 going to the apparently needless trouble of running for the office was not apparent at 
 the time, even to his foes in the party. They now see more clearly what he meant. 
 For it was through his shrewdness in taking a place on the primary ticket, and so ob- 
 taining a popular mandate for his re-election, that he got back to the Senate. Had he 
 not taken this precaution — had he assumed the certainty of his re-election, as did 
 nearly everyone else in Texas, he would have been beaten. 
 
 State Senator Senter of Dallas, a clean, high-minded, able lawyer, had meantime 
 taken a decided stand against Senator Bailey, and the opposition to Bailey began to 
 rally around him and Rcpresentaive Cocke, of Bexar County. Mr. Cocke framed a 
 set of forty charges against Senator Bailey, and presented them to the House. The ' 
 senator loudly demanded an investigation and repeatedly declared that if but one of 
 the charges were proved, he would resign. The allegations, he declared, were false, 
 and founded upon forged papers in a foul conspiracy to break him down. He declared 
 that William R. Hearst was organizing and directing the whole movement. An in- 
 vestigation was ordered. Speaker Love, a recent arrival from Missouri, and a mem- 
 ber of the Bailey group in Texas politics, appointed a House Committee of seven 
 members, four of wliom proved to be from the beginning intense partisans of the 
 senator. Lieutenant Governor Davidson appointed a Senate Committee of seven 
 
918 Senator J. IV. Bailey of Texas Unmasked 
 
 members, four of whom proved to be, when the testimony had been taken, opposed to 
 Bailey. 
 
 TAKING TIME BY THE FORELOCK. 
 
 With magnificent audacity, the senator demanded that he be re-elected in ad- 
 vance of the investigation. Through appeals to the self-interest of members, and 
 threats of political extinction should any oppose him, he and his aides dragooned a 
 majority in either house into re-electing him before the investigating committee could 
 begin work. When they did begin work, the House Committee took charge of the 
 proceedings, the charges having been filed in the House by Representative Cocke. This 
 gave the Bailey men a tremendous advantage, since, with one of their group presiding 
 at the investigation they were able to exclude a large amount of testimony very deadly 
 in its prospective influence upon the senator's reputation. Mr. O'Neal, the chairman, 
 is a fine type of the sturdy, strong-headed honest but passionately partisan country 
 squire, convinced to the bottom of his soul that "Joe Bailey is as pure as the driven 
 snow," and that "his enemies were all spawned in hell." Accordingly, his rulings 
 were a source of constant irritation to those committeemen who really wished to con- 
 duct a searching and impartial inquiry, and of wonder to the many reporters from 
 Eastern papers who looked in on the proceedings fom time to time. Witnesses bring- 
 ing testimony adverse to the senator were held to the strict letter of what they posi- 
 tively knew — no heresay and no inferences from them. They were brow-beaten and 
 bullied without mercy by the three strong lawyers who sat with the senator. If Mr. 
 Cocke, who by the way was appointed to prosecute the charges for the State, attempted 
 to help one of these alien witnesses to bring his story out intelligibly and fully, both 
 witness and prosecutor were as often as not "sat upon" by Chairman O'Neal gruffly 
 and emphatically. But when a pro-Bailey witness was in the chair, he was not only 
 free but was brilliantly assisted by the senator's attorneys to set forth what he knew, 
 what he had heard and what he believed. 
 
 ALL CONVINCED OF HIS GUILT. 
 
 I found that the reporters who had attended the sessions of the investigators 
 from the beginning were, with one exception, convinced of the truth of the gravest of 
 the charges against the senator. These men, trained to sift fact from rumor and to 
 arrive at the meat of a question quickly, were of one mind, with the exception noted, 
 in believing that the investigation had wrecked the public reputation of the senator. 
 
 Yes, not one of them, nor one of the anti-Bailey men in the Legislature believed 
 that the Legislature would vote censure of the senator. The majority in both houses, 
 having blindly assumed Senator Bailey's innocence, and in that belief having re- 
 elected him without waiting to sift the charge, was estopped by that fact from voting 
 censure, since it could not repudiate Bailey without most severely reflecting upon its 
 own earlier course. 
 
 Mr. Cocke, the prosecutor, fought his uphill battle gamely, handicapped in every 
 way that the adverse majority of the committee could handicap him. He was re- 
 fused money to hire a stenographer, and but for the patriotic generosity of private 
 citizens of Austin he would have had to meet this expense out of his own pocket. He 
 was denied the assistance of counsel because, forsooth. Senator Bailey objected ; he 
 would not, he declared, answer questions asked by his political foes. So Mr. Cocke, 
 denied means to get testimony, denied assistance in preparing and providing what 
 testimony had come into his possession, made a single-handed fight that has excited the 
 admiration of all Texas, and that has made him the most promising new figure in 
 the politics of the State. His self-possession, amid a group of hair-trigger personali- 
 ties, was delightful and amazing. When, for example, he having politely put a ques- 
 tion to a witness for the senator, Mr. Odell of the senator's counsel blusteringly 
 threatened to "slap his (Cocke's) jaws," and reared his huge red bulk menacingly 
 as if about to do what he threatened, the little man from San Antonio merely turned 
 his head toward Odell, smiled pleasantly and said, "Well I declare!" 
 
 The investigation closed with the testimony — which was mainly a florid stump 
 
The Political Life-Story of a Fallen Idol 919 
 
 speech — of Senator Bailey. He then insisted upon immediate action in the legislative 
 chambers. He demanded to be vindicated immediately in order that he might be in 
 Washington on March 4, to take his oath of office. This allowed no time to the Leg- 
 islature for consideration of the testimony taken by the investigators, but the senator, 
 with Napoleonic nerve, declared what the Legislature must do, and the Legislature 
 did it. The House by a vote of 69 to 42 exonerated him, and the Senate did the same 
 by a vote of 17 to 11. Three senators, absent when the roll call was taken, later de- 
 clared they would have voted against exoneration had they been able to be present, 
 thus making the Senate division 17 to 14. 
 
 BAILEY IN ERUPTION. 
 
 Having been vindicated in this fashion, the senator, accepting an invitation to 
 address the Legislature, delivered himself of an address of extraordinary bitterness, 
 declaring his intention to drive out of public life every man that had opposed him in 
 this affair, and distributing a new lot of such epithets as "dogs," "hyenas," "scoun- 
 drels," "liars," "wolves," etc., among his foemen there present. The next day several 
 of the members so designated rose to a question of personal privilege and paid their 
 compliments to the senator in kind. They dubbed him "an infamous liar," "a trai- 
 tor," etc., and joyously dared him to come into their counties and begin fighting for 
 their political scalps as soon as he had a mind to. 
 
 It goes without saying that this fight has split the Texas Democracy wide open, 
 and that the final result of the long campaign now just begun must be the elimination 
 tor Bailey and Baileyism from the politics of the State. A very large majority of the 
 Democratic papers of the State are hotly opposed to the senator, and there is a grow- 
 ing general feeling that he has too long been permitted to herd Texas Democrats as 
 if they were dumb cattle. Conceding his great ability, the average Texan as I found 
 him during many long journeys up and down the State during January and February 
 had apparently reached the conclusion that the senator had been using his ability too 
 much in the service of the big Eastern trusts and too little in the interest of the State 
 by his alternate outbursts of vulgar profanitiy and self-pltj'ing tears before the inves- 
 tigating committee — that, in a word, he is either, as some of his critics say, "a bar- 
 room bully," or neurotic, or both. 
 
 In order to understand the tremendous change in Texan sentiment toward Sena- 
 tor Bailey that has taken place during the three months last past, it must be borne in 
 mind that for six years he has been the idol and absolute master of the State, politically. 
 Scores of journals that have lately opposed him have long been among his most ardent 
 supporters. There is something genuinely pathetic in the tone of the utterances of 
 some of these journals, commenting upon their new relations toward the senator. To 
 many of them he has been not only an adored leader, but a close personal friend. They 
 believed in him utterly, and pointed with pride to his purity of character as con- 
 trasted, in their opinion, with that of some non-conspicuous Northern senators. So, 
 when the revelation v,as made that he, like others, had been secretly serving the open 
 and avowed enemies of the State, these, his friends who set patriotism above party and 
 honor before personal friendship, arrived at the parting of the ways. Their erstwhile 
 friend and idol poured out upon them the vials of his hot vein. « » * 
 
 Had this investigation been held in any Northern capital, the press would have 
 printed details of alleged personal irregularities in the senator's career, developed by 
 sworn testimony that was, through partisanship, barred from the record as not ger- 
 mane. In bringing out testimony on these personal matters, Mr. Cocke aimed to 
 mass proof of Mr. Bailey's general unfitness for public station, and even though he 
 did not succeed in getting much of the testimony of this character into the record, the 
 revelations went out through other channels than the press, and had a large part in 
 determining the State's new estimate of the senator. 
 
 "Wherever I went in Texas I heard all sorts and conditions of men say, in ef- 
 fect: "If Senator Bailey had been frank about the business in the beginning, if he 
 had said, "Yes, I took fees from the oil company and other big corporations, I earned 
 them and am not ashamed of it — what harm was there in that?" we would have for- 
 
920 Senator J. W. Bailey of Texas Unmasked 
 
 given him, on the ground that he did only what he thought was right. We would 
 have disagreed with him as to its being right, and we would have had the Legislature 
 express its opinion as to how far a senator ought to go in serving corporations ; but 
 we would have still been able to feel that Joe was square and game. His denial of 
 the business in the first place, showing that he knew it wasn't square, and his later 
 forced admissions of it, have made it impossible for us to have any further faith in 
 him. We'll have to stand him for six years more, but he'll never go back again." 
 
 THE TAINTED SENATOR AND HIS SMIRCHED TOGA— JOSEPH W. 
 
 BAILEY TRAVELS THE ROAD TO RUIN AND WINS A TRIUMPH 
 
 WHICH SOUNDS THE DEATH KNELL OF HIS REPUTATION. 
 
 By Frederick Lawrence. 
 Ridgway's Magazine. 
 
 It is not a pleasant task to write about the success of Joseph W. Bailey in pro- 
 curing his election a second time to be United States Senator for Texas. It is never 
 an agreeable duty to describe the ruin of a brilliant young man and tell how his 
 undoing was wrought. Yet that is precisely what must be done if the truth is to be 
 told about Bailey, for his success means his ruin, his triumph his disgrace. 
 
 On Tuesday, January 22, Bailey was re-elected to the United States Senate by 
 the Legislature of Texas; on the following day the election was confirmed. This 
 was accomplished in the face of charges formally preferred accusing Bailey of official 
 misconduct most serious in character, in shameless defiance of the fact that a com- 
 mittee of each house of the Legislature had been appointed to investigate the charges 
 and that they were organized and ready to proceed with the taking of testimony 
 on which Bailey may even yet be convicted and made to suffer punishment. The 
 very legislators that deemed the accusations against him strong enough to warrant 
 them in voting to appoint investigating committees, the self same men that may soon 
 be called upon to vote him guilty of the offenses charged against him, cast their suf- 
 frages in favor of Bailey's election to the United States Senate. They gave him the 
 honored place from which they may yet demand that he be torn in disgrace. Was 
 ever a more impassible situation presented to the country ? 
 
 It was all accomplished after the most vicious political battle that has ever been 
 fought in a State legislature. During the four months preceding his election the op- 
 ponents of Bailey fired broadsides of twelve-inch verbal guns at him from the hustings, 
 and the accused man rampaged the length and breadth of Texas calling his opponents 
 names which at another time would have been answered by the contralto of singing 
 bullets. But in Texas during political campaigns the bars are dropped; one man 
 telling his opinion of another is not a capital offense even under the draw-and shoot 
 code of the great southwest. • • • The climax of the battle came before the 
 legislature. 
 
 A small band of legislators led by Representative Duncan, of Tyler, waged war 
 on Bailey. They were weak in numbers, but strong in resource. They kicked up a 
 prodigious hullabaloo. They drove the legislature into a panic. They forced the ap- 
 pointment of investigating committees by both houses. Bailey put forth tremendous 
 efforts to defeat, first, any investigation whatever, and, second, an investigation that 
 would bring the facts to light. The yellow fear was in his heart. He first denied 
 the truth of the charges preferred against him — that he had grafted on the Waters- 
 Pierce Oil Company, a Standard Oil trust tentacle, and had been guilty of reaching 
 for other graft in all directions and getting it — graft so cheap that it would shame a 
 Pittsburg alderman to accept it. His opponents produced proof verbal and documen- 
 tary. Attorney General Davidson, of Texas, gave the House of Representative checks, 
 drafts and other papers showing that Bailey had been given money by Pierce for 
 "delivering the goods." It was proven that Pierce had applied to David R. Francis, 
 former Governor of Missouri, to recommend him a Texas lawyer who could get his 
 Standard Oil trust cff-shoot relieved of the punishment which the courts of Texas 
 had imposed for its outlawry. Francis recommended Bailey. A telegram was sent 
 to Bailey at Washngton and he left his place in Congress to answer the call from St. 
 
The Political Life-Story of a Fallen Idol 921 
 
 Louis like a lackey jumping to obey the whistle of his master. It was shown that 
 Bailey had performed the sers'ice desired of him — a service which is usually rendered 
 by the under-ground-working shyster of the trusts — and that thereafter Pierce had 
 flung him his price. 
 
 Exposed and driven into a comer Bailey ceased denying and set up the pitiful 
 whine that the money Pierce had given him was not his fee for services rendered but 
 money which he had borrowed from the oil trust magnate. The lawyers call his 
 attitude a plea in confession and avoidance — that is a confession of guilt in effort to 
 seek avoidance of consequences. 
 
 REVERSAL OF POPULAR SENTIMENT. 
 
 From a small beginning the struggle against Bailey gradually assumed formidable 
 proportions. The legislators began to hear from home. Their constituents were 
 amazed by the revelations. The proof of Bailey's guilt as given to the House of 
 Representatives by the Attorney General made the case against him stronger and 
 blacker than it had been presented to the voters during the campaign before the people. 
 The citizens saw a great light and in an effort to undo the harm they had done 
 they deluged their legislators with telegrams and petitions to vote against Bailey. 
 
 This had the effect of strengthening the opposition's numbers to a degree which 
 alarmed Bailey to the verge of panic. 
 
 He sent telegrams — hundreds of messages — calling his friends to rally to his res- 
 cue. He appealed to the oil trust. The answer was swift. Benjamin jMcNulty, 
 Texas General Manager for the Waters-Pierce Company hurried to Austin. So did 
 General Counsel Johnson and State Counsel Clark. 
 
 They brought to the capital dozens of the oil trust's smaller fry every man draw- 
 ing an oil trust salary who could influence in the slightest extent a legislator. These 
 men never let up in their work. At night, long after Austin has gone to bed, into the 
 wee hours of morning, they burned the electric lights in Bailey's room at the Driskill 
 Hotel planning the campaign for the coming day. 
 
 Here it was decided what should be done. Did Representative Smith need a 
 little Bailey stiffening in his spinal column? The Bailey-Oil Trust council of war 
 planned how it might be administered. Had Senator Jones stampeded from the 
 herd? The council appointed a man whose duty it would be to rope, brand and drive 
 him into the corral. In the Driskill they played the most modern, up-to-date politics. 
 Bailey had stood by the oil trust in its trouble — the oil trust toed the scratch manfully 
 for its United States Senator when he got into trouble for serving it not wisely but too 
 well. 
 
 During the whole pitiful, miserable business there was one manifestation of good, 
 wholesome American human feeling — and it is the only thing to which Bailey can look 
 back without a feeling of secret shame. It was the loyal manner in which his per- 
 sonal friends stood by him. When Napoleon returned to France from his imprison- 
 ment on Elba there sprang to his side no more devoted band of friends than those 
 that invaded Austin to battle under Bailey's standard. In his disgrace Bailey may 
 find pleasant reflection in the knowledge that there are thousands of brave and honest 
 Texans who idolize him, who would follow his leaderships, misguided but loyal, even 
 if the charges now existing against him should be proven against him and magnified 
 a thousand fold. These men spent their own money and their own time in Austin 
 bolstering up Bailey's cause. They made the days of the legislators a nightmare with 
 their efforts to persuade them not to desert their idol. And they even used arguments 
 more coercive than persuasive. 
 
 One legislator went into a corner of the Driskill office with four of Bailey's 
 volunteer workers. These gentlemen have altogether contributed twelve names to 
 the mortuary statistics of the southwest. The legislator emerged from the corner 
 white in the face, but an earnest Bailey advocate, changed in a few minutes from some- 
 thing quite the reverse. Later he said to a stranger in Texas: 
 
 "If you've got any views adverse to Bailey don't express them here unless you 
 want to make your body more valuable as a lead mine than it is as a breathing ap- 
 
922 Senator J. W. Bailey of Texas Unmasked 
 
 aratus. These fellows will stand a little Bailey criticism from a Texan because they 
 concede a native's right to express his views, but they'd mob any outsider who talked 
 too much." 
 
 The party lash snapped louder than ever before was known in a senatorial con- 
 test. "Bailey is the nominee of the party," was the cry. "The people voted for him 
 at the primaries and the State convention nominated him. He is the choice of three 
 hundred and twenty five thousand Democrats of Texas. If he is defeated, the will 
 of the people will have been thwarted and the voters will punish eevry man who dis- 
 obeys his instructions." 
 
 THE FORCE OF PARTY PRESSURE. 
 
 The party pressure was used remorselessly and, as the result shows, successfully. 
 The strength of this pressure may be judged from the action of E. C. Gaines, the re- 
 presentative for Comanche county. He was instructed by the people to vote for 
 Bailey and he obeyed, but in casting his vote he explained that he did it only because 
 he had been so instructed and added: 
 
 "I am convinced beyond a reasonable doubt that Senator Bailey is substantially 
 guilty of all the infamous conduct with which he is charged. In my own opinion 
 Bailey is not only unworthy of the great office of Senator, but he is absolutely in- 
 famous. I regard him as I do any other criminal. I cannot escape the conclusion 
 that he is a traitor to his country who has betrayed his people into the hands of a com- 
 mercial pirate for gold. Left to vote my own sentiments, I would gladly defy all 
 his minions of infamy and vote against him; but a man must live up to his ideals. My 
 ideal of a good government is one in which the people's will is supreme. I think 
 it is better for a representative to vote for a bad man ; yes, a moral leper as I believe 
 Bailey is, than to shatter an ideal of representative government, the observance of 
 which is the hope of the nation, and break faith with his people. 
 
 "Having discharged, with scrupulous fidelity, my promise to my people, I desire 
 to take my place for the future among those who despise and defy him." 
 
 A TRIUMPH OF TREACHERY. 
 
 The triumph of Bailey, if the sacrifice of political honor, the esteem of a nation 
 and influence, the undoing of a lifetime of good deeds, the ruin of a reputation for 
 patriotic public service, can be called a triumph, was brought about by a combina- 
 tion of strong friends, Standard Oil trust influence, coercion, and the whip of a 
 great political party. 
 
 It is a triumph which leaves the victor even more detestable than Clark of 
 Montana, or Guggenheim of Colorado, for while these two bought their seats with 
 gold, Bailey sold the people who trusted him into the hands of a villainous monopoly. 
 They paid the price of their corrupted legislators with tongs; he received his pay as 
 a beggar takes alms or as a Benedict Arnold picks the price of his infamy from the 
 dirt where his owner throws it. 
 
 The election of Bailey was forced before the investigation could be commenced 
 because he dared not let it go over until the testimony had been heard. In the pres- 
 ence of the charges against him common decency demanded that the election be post- 
 poned until Bailey had been either condemned or vindicated. He dared not face 
 the issue. He knew that with the proof before the people in the form of sworn testi- 
 mony, a whirlwind of wrath would have been aroused which would have swept the 
 legislature off its feet and himself into obliviou. So the cry was raised, "Elect Joe 
 now, and if the charges are proven he will resign." To a few individuals Bailey 
 stated that he would resign if the verdict of either branch of the legislature should 
 be adverse to him, but never did he give that assurance in a public speech or writing. 
 And who expects iiim to keep his word? The man who will take the money of a 
 criminal trust for betraying the people expected to keep a promise made! Surely 
 there lives no person so gullible as to believe that. 
 
 The writer of this article had something to say to Bailey along the line of his 
 promised resignation. In his rooms at Austin the following questions where sub- 
 mitted to him with a request for answers: 
 
The Political Life-Story of a Fallen Idol 923 
 
 Do you regard the election today as a vindication of the charges that have been 
 preferred against you ? 
 
 Do you consider that you are under obligations to remove the impression that 
 prevails throughout the country outside of Texas, that where there is so much smoke 
 there must be some lire, by submitting to a searching investigation by a committee of 
 the United States Senate? 
 
 Will you oppose, or permit your friends to oppose, a full investigation by the 
 United States Senate in the event of that body being requested to take such action? 
 
 Assuming as true your statement that your financial transactions with Mr. 
 Pierce were in the nature of loans, and not fees paid to you, what is your present 
 opinion of such transactions on your part? 
 
 Do you deem it proper for a United States Senator to borrow money of men 
 like Mr. Pierce, who are actively affiliated with trusts? 
 
 In the event that the investigation by the houses of the Texas Legislature should 
 proceed to a conclusion, and the report of either committee should be against you, 
 will you resign your seat in the United States Senate? 
 
 To these questions Bailey made no reply. For reasons he stated that he did 
 not wish to dignify the charges against him by admitting that they required answer- 
 ing. I asked him about the promises he had made to individuals to resign. 
 
 "When I am convinced that I ought to resign I will do so," replied Bailey. 
 
 "When will that be?" I asked. 
 
 "How can I tell that?" he evaded. 
 
 "If you should be found guilty by a branch of the Legislature will you consider 
 that the time for your resignation has arrived?" 
 
 "The Legislature cannot find me guilty because there is no truth in the charges," 
 said Bailey. "I am not going to sacrifice myself to please my enemies." 
 
 "Will you oppose an investigation by a United States Senate committee?" 
 
 "There is no charge made which the United States's Senate can properly inves- 
 tigate." 
 
 "Charges affecting your conduct as a Congressman and a Senator have been 
 filed," I reminded him. 
 
 "The legislature, by electing me, has placed the seal of untruth upon all the 
 charges," said Bailey. 
 
 Shifting, evading, equivocating. Never a straightforward answer to a straight- 
 forward question. The rat in the corner squealing with pain as it feels the terrier's 
 fangs, the coiled serpent whirring its rattles as it prepares for desperate battle with 
 its enemy, present no more pitiable aspect than this trapped unfaithful public servant 
 fighting to release himself from the quicksands of dishonor which are so rapidly en- 
 gulfing him. 
 
 Notwithstanding his election, the investigation of the charges against Bailey is 
 to proceed to a conclusion. Both committees are made up of men a majority of whom 
 are supposed to be friendly to the accused. Bailey and his supporters confidently hope 
 that no matter how strong the case against him may be made — if he should be proven 
 to have a character as black as that of the devil — a whitewashing report will be 
 returned. There is strong basis for this belief, but Bailey's opponents have not lost 
 heart. They intend to present the case against him as completely as possible, and 
 let the people of Texas know what kind of a man has been sent to Washington to 
 represent them. They deem this course to be their solemn duty to their State. The 
 election of Baily is an accomplished fact and cannot be overturned, but he can be 
 punished by public opinion for his misdeeds; he can be made to walk the straight and 
 narrow path in the future, and his condemnation in the minds of his fellow Texans 
 and the people of the nation at large will serve as a dire warning for all other men 
 who, entrusted with sacred duties to perform, treacherously betray their people into 
 the hands of the buccaneers of industry for money. 
 
 It is to be hoped that the United States Senate will investigate the charges and 
 forbid Bailey taking his seat, for such a traitor to the people is as serious a menace as 
 the soldier who betrays an army in time of war. 
 
924 Senator J. IV. Bailey of Texas Unmasked 
 
 Washington Herald. 
 
 When Senator Railey gets back to Washington he ought to introduce a bill 
 prohibiting trusts from slipping up on unsuspecting statesmen and lending them 
 money. * * * Senator Bailey pleads with Texas to allow him to practice law 
 during Congressional recesses. A few of those Texans seem to think he would be 
 given the entire year for his law practice. * « * "The Oil Trust isn't in the 
 habit of lending $150,000 to an arch enemy," says the Nashville American. 
 
 Troy (Tenn.) News-Banner. 
 
 Bailey is as guilty as would be the Circuit Judge who would "borrow" on un- 
 secured paper immense sums from a rich man who had a case in his court. 
 
 Baltimore News. 
 
 Senator Bailey is forced to make his canvass over again, the Standard Oil dis- 
 closures having broken the cinch that he had. Even if he succeeds in making a patch 
 that will hold it will not mend the cracks in his reputation. 
 
 Montgomery Advertiser. 
 
 Senator Bailey of Texas is having a strenuous time in his campaign for re-elec- 
 tion and it is told that he carries a pistol while canvassing the State. Whether the 
 charges against him are true or not we should think the pistol habit would not elect 
 him. 
 
 Charleston News and Courier. 
 
 If "Joe" Bailey has no Senatorship in his stocking this year it is because he put 
 his foot in it sometime ago. * * * Bailey's mistake was in denying himself the 
 luxury and excitement of the lecture platform as wallet sweller. 
 
 Providence Journal. 
 
 He may say that other Senators have done similar things, but this is no excuse 
 for him. 
 
 San Diego (Cal.) Union. 
 
 It would seem at this distance that no further investigation in the case is needed. 
 His own declarations should suffice to stamp him as a man unfit for the Senate. His 
 position, as explained by himself, is that there is no impropriety in a Senator acting 
 as the paid attorney for large corporations whose interests might be affected by such 
 attorney's course as Senator. A man who can see nothing wrong in such dual service 
 should not go to the United States Senate. There are too many of his kind in that 
 body already. 
 
 Charleston News and Courier. 
 
 With Sam W. T. Lanham of South Carolina available in Texas, the political 
 demise of Senator Bailey might be forgotten sooner or later. 
 
 Portland Telegram: 
 
 It has probably occurred to Joe Bailey of Texas that the Senatorial pedestal is 
 dangerously slippery, whether the lubricant be Standard Oil or not. 
 
 Charleston News and Courier. 
 
 The tactics of Senator Bailey's defenders in Texas may be effective at home, 
 but they do not improve the Senator's case elsewhere. For instance, the charge 
 made by one of his newspaper champions that certain of the newspapers criticising 
 him are "owned by Northern Republicans" produces the impression that the Bailey 
 fund of argument is not participating in the general prosperity. At this distance 
 the main question seems to be, not who owns Bailey's enemies, but does Standard Oil 
 own Bailey. 
 
 Yuma (Ariz.) Examiner 
 
 Talk about self-sacrifice! Look at Joe Bailey, who says he would rather be 
 Senator for $5,000 a year than a corporation attorney for $50,000. 
 
Tlic Political Life-Story of a Fallen Idol 925 
 
 Portland Telegram. 
 
 If H. Clay Pierce gives Senator Joe Bailey a certificate of good character, will 
 the Texas Legislature do the rest? 
 
 Richmond Dispatch. 
 
 Hon. Joseph Bailey has reached a point in his career where he is in hourly 
 danger of losing his grip on his Senatorial courtesy. 
 
 Memphis Scimitar. 
 
 Texas in the Van — If Senator Bailey of Texas is refused by the people re-elec- 
 tion to the Senate by reason of information about him after their first vote in his 
 favor that State will have taken the lead in swelling the stream of reform and pro- 
 gress. Because Bailey, considered financially, socially, intellectually and politically, 
 will have been the biggest figure repudiated in the country. Senator Bailey's ofiFense 
 has been his determination to attempt to serve two masters, the people on the one 
 hand and the special interests on the other. In the present temper of the people, and 
 with the present character of these predatory interests, this is impossible of successful 
 accomplishment. Saturday Bailey lost in the new primary, Travis County, in which 
 the capital of that State is situated. 
 
 Mobile Item. 
 
 * * * Well, the Legislature that will send him back to the Senate is not 
 likely to investigate him. 
 
 New York World. 
 
 Senator Bailey of Texas is vigorously resisting a legislative investigation. Like 
 many other distinguished citizens the Senator is unable to grasp the fact that the 
 people have stopped taking anybody's word for it. They want to be shown. 
 Chicago Times-Herald. 
 
 Senator Bailey of Texas is fighting against an investigation of his connection 
 with the Waters-Pierce Oil Company. It is always hard to make people believe 
 that a man who fears to be investigated has not been doing things which should be 
 looked into. 
 
 Hartford Courant. 
 
 Senator Bailey speaks of his return to the Senate for another term as now abso- 
 lutely assured; but we observe that igo Texas newspapers think he shouldn't have 
 borrowed all that money from Mr. Pierce, the oil man, and tried to make a secret 
 of it. 
 
 Albany (N. Y.) Times-Union. 
 
 A member of the Texas Legislature has resigned because he cannot conscien- 
 tiously vote for the re-election of Senator Bailey. Is there a law in Texas which pro- 
 vides that all members of the Legislature must vote for Bailey? 
 
 Memphis Commercial-Appeal. 
 
 Rockefeller's press bureau seems to be working overtime. 
 
 Philadelphia Public Ledger. 
 
 An exchange of condolences between Senators Dryden and Bailey would dove- 
 tail nicely into a pathetic situation. 
 
 The Washington Star about January 5, 1907, published an editorial very friendly 
 to Mr. Bailey, which was reproduced by the Dallas News. In probably a week 
 afterwards, on account of Mr. Bailey's and his friends' opposition to an investigation, 
 The Star said (Dallas News, January 13, 1907): The opponents of the Senator 
 want an investigation by the Legislature. * * * It is their contention that since 
 the July primaries, the case against him has been greatly strengthened and that as 
 presented now, it affords full reason why he should not be re-elected. This the Sena- 
 tor stoutly denies, and holds that as the people have instructed the Legislature to re- 
 turn him to the Senate, that body has no mission in the matter but to obey those 
 instructions. In taking that position, Mr. Bailey errs. He has so much at stake, 
 
926 Senator J. W. Bailey of Texas Unmasked 
 
 and seems so confident of his case, he should not hesitate to submit it at once to the 
 closest scrutiny. Re-election is less than complete rehabilitation. * » » No 
 matter what happens, the Democratic party will not lose the seat, nor be put in peril 
 as to control of the State. The Republicans have no power there, nor could they 
 triumph even with the Democrats divided into a half dozen factions. 
 
 St. Louis Globe-Democrat. 
 
 Senator Bailey's speech at the last session of congress was admitted to be his 
 masterpiece. But it takes more than eloquence to make a statesman. 
 
 Kansas City Star. 
 
 It must be admitted that Senator Joseph W. Bailey borrowed more trouble 
 than money from H. Clay Pierce. 
 
 Mobile Register. , . , • o n 
 
 Alas, poor Bailey! His enemies have put him on the defensive. He may pull 
 
 through in Texas, but he is done for as a national factor. He is experiencing the 
 
 full force of the maxim that a man must not only be right, but must seem to be 
 
 right. 
 
 St. Louis Star-Chronicle. 
 
 That halo which Senator Bailey wears needs a new rim. 
 
 Portland Telegram. . 
 
 If Joe Bailey is re-elected Senator from Texas, the question will still arise. Is 
 it a Bailey vindication or a Standard Oil victory? 
 
 Tacoma Ledger. t • t u • -n 
 
 Senator Bailey thinks he has such a cinch on the Texas Legislature that it will 
 not dare to refuse him a re-election to the United States Senate. If that is the case, 
 the State of Texas will probably have something to say to its State Senators and 
 Representatives at the next election. 
 
 Dayton (Ohio) News. 
 
 Senator Tillman says he believes Senator Bailey is honest, because he watched 
 him like a hawk during the railroad rate legislation. 
 
 Chicago Chronicle. 
 
 A United States Senator should be like Caesar's wife — above suspicion. 
 
 Des Moines Register and Leader. 
 
 These answers, made promptly and openly, while not what would be expected 
 of a United States Senator, would still not have impeached Senator Bailey before 
 the people. But made after years of careful concealment and evasion, they are 
 enough to condemn him with everybody. 
 
 Midland Live Stock Reporter. 
 
 Speaking of Senator Bailey's poor attempt to "clean up" his record, the Paducah 
 (Ky.) News- Democrat, a prominent Democratic paper of that State, says: "Sena- 
 tor Bailey has made his promised vindicating statement to the people of Texas. 
 To say the Senator has disappointed the people not only of his State, but his admirers 
 outside thereof, is to put it mild. He doesn't in fact clear himself of the charges 
 made by his enemies. • • * The Senator stands too much upon his high dignity 
 and previous good standing among the people in his efforts to vindicate himself and 
 fails to make good his stated promises to clear away every cloud created by his alleged 
 'enemies,' 'caluminators,' 'slanderers,' etc. ; in fact, his vindication is a decided fail- 
 ure, being too tame from start to finish and in nowise daring enough to call for an 
 investigation at the hands of his official creator, the Legislature of his State. The 
 News-Democrat is sadly disappointed in Senator Bailey's vindication and sees little 
 if anything short in it of his defeat for re-election at the hands of his opponents." 
 
 Richmond Times-Dispatch. 
 
 Democrats in Richmond are sorely grieved at the fall of Senator Joseph W. 
 Bailey of Texas and the sorry attitude in which the erstwhile brilliant democratic 
 
The Political Life-Story of a Fallen Idol 927 
 
 leader finds himself at present, is the subject of much comment around the hotel lob- 
 bies and public places. 
 
 Two reasons are assigned for the deep regret which is felt here concerning Sena- 
 tor Bailey's plight : The one is his widespread popularity and unquestioned ability, 
 and the other the fact that heretofore, the scandals resting upon lawmakers at the 
 national capital have never reached in any remote way into this Souhern section. 
 The Mitchells, the Deitricks, and the Burtons, who were branded as grafters, all 
 come from north of Mason and Dixon line, and the fall of Bailey naturally comes 
 as a severe blow to the proud Southern spirit. 
 
 Men discuss the matter earnestly wherever two or three of them interested in 
 public matters meet, and it seems to be the overwhelming sentiment that the once 
 distinguished leader of the Southern democracy will return to Washington abscy- 
 lutely discredited as a factor in the affairs of the nation. 
 
 WHEN BAILEY DEFIED THE OCTOPUS. 
 
 Washington Herald. 
 
 Everybody knows about 26 Broadway, New York. It is the headquarters of 
 the trust — the seventy-armed octopus — Mr. Rockefeller's philanthropic enterprise. 
 It may be imagined, therefore, with what pain we heard that Senator Bailey of Texas 
 had been lured into this den of infamy, with some dire and fateful purpose known 
 only to conjecture. 
 
 Baltimore News. 
 
 Senator Bailey is fighting the resolution pending in the Texas Legislature for 
 an investigation of the charges against him. Is the case so bad as that? 
 
 Detroit News. 
 
 It has at least been demonstrated that Senator Bailey made careful arrangements 
 to be technically innocent. 
 
 Clarksville (Tenn.) Chronicle. 
 
 Senator Bailey of Texas is assured of re-election, but he will return to the Senate 
 badly worsted and crippled in his influence to do good for the South. It is a pity. 
 
 ENTITLED TO SYMPATHY. 
 
 The Times-Democrat. 
 
 The mild and inoffensive investigating committee which is said, by courtesy, to 
 be looking into the record of Senator Bailey moves our sympathy more and more. It 
 seems to have incurred the displeasure of the gentleman who is being invesigated, 
 and thus finds himself on delicate ground. Yesterday's paper made public the severe 
 rebuke administered by the Senator to the unfortunate body. After casually remark- 
 ing to the chairman that a certain statement was a lie made out of the whole cloth, 
 instead of following the mosaic style he evidently prefers, Mr. Bailey intimated to 
 the committee his patience was about exhausted. He would linger a little longer, but 
 unless it hurried up, he would leave it in solitude and oblivion and go to the national 
 capital where certain important matters awaited his attention. The dispatches do not 
 indicate that the committee received the rebuke with anything save the most exemplary 
 meekness. It is even said that in response to this threat of the Senator, there were 
 some intimations that the business would be expedited a little more. Whether it 
 will or not remains to be seen. But while awaiting the determination of that im- 
 portant point, we can not refrain from pitying the condition of that unfortunate body. 
 To judge from the name, one would suppose it was a committee with real authority 
 to impose respect, to summon witnesses and to conduct the investigation according 
 to its own preferences. That is what many investigating committees have been in 
 the past in a number of States. But the one now sitting at Austin seems to fall far 
 short of the usual standard. It meekly allows the investigated to break forth from 
 time to time in fulminations against certain witnesses. It has received a severe cau- 
 tion from the gentleman under investigation and is likely to be berated still more 
 roundly if it does not conform in all things. Who ever heard of a committee which 
 so signally failed to assert its own dignity or which compelled so great a pity for 
 its weakness. 
 
928 Senator J. W. Bailey of Texas Unmasked 
 
 CHAPTER XLVI. 
 TEXAS EDITORIALS WORTHY OF PERPETUATION, INCLUDING: 
 
 a. The Strong Case Against Senator Bailey. — Dallas News. 
 
 b. Joe Bailey, Prince of Borrowers. — K. Lamity's Harpoon. 
 
 c. Bailey Rich, Re-elected and Ruined. — Home and Herald 
 
 d. Bailey, the Blowhard. — G. W. Mortan, Cumby Rustler. 
 
 e. Bailey's Party Record. — The Texas Farmer. 
 
 f. Bailey's Doctrine of Pure Hate Borrowed from Ingersoll. — Houston Chronicle. 
 
 g. The Only Man Who Sees "Nothing Wrong" in it. — Galveston News. 
 h. The Truth About the Bailey Problem. — K. Lamity's Harpoon. 
 
 i. Bailey Belched Out Fire and Brimstone. — The Texas Coaster. 
 j. The Boss Rampant. — Austin Tribune. 
 
 THE STRONG CASE AGAINST SENATOR BAILEY. 
 
 Dallas News. 
 
 What if the name of Gov. Campbell, for example, should be found in the secret 
 cipher code of the Standard Oil Company, and it should develop that he had borrowed 
 at first sight $3,300 from President Pierce, one of its chief officials; that other large 
 loans had followed, of $1,750, $200, $1,500, $8,000, $25,000, $156,000; that all 
 this had been kept a kept secret for years; that it appeared, further, that there were 
 not to be found any canceled notes or checks or any other evidence whatever showing 
 the payment of these large loans, made without security of any sort ; that Gov. Camp- 
 bell had bodyguarded the Standard Oil magnate back into Texas over the law, and 
 recommended that the outlaw and oppressor of the people be readmitted; that the 
 evidence actually showed that Campbell's name appeared in the Standard Oil Com- 
 pany's cipher code .is "Republish ?" 
 
 What if all this appeared from evidence that has not been challenged, and Gov. 
 Campbell then came forward and admitted the loans, the service, the correctness 
 of the confidential cipher code, and letters and telegrams from others indicated that 
 he was the trust's man Friday to intervene for the trust and to quiet all Texas part- 
 ies? What if all this were in evidence against any member of the Texas Legislature? 
 
 What would be the standing of the Governor under such circumstances? Who 
 would expect the people to confide in him; to rely upon him? Would he not be 
 impeached? How long would it require, under such drcumstances, for every con- 
 stituent of any member of a Texas Legislature to repudiate him and recall him in 
 disgrace? 
 
 The testimony indicating Senator Bailey's close, continuous, confidential, secret 
 suspicious connection with the Standard Oil Company, through its chosen magnate 
 over Texas, is absolutely startling. There can no longer exist any reasonable doubt 
 about it. 
 
 But if every scrap of this volume of documents, of testimony that fits in, piece 
 to piece, date to date, fact to fact, were burned to ashes. Senator Bailey's own con- 
 fessions would still be enough to destroy his fitness as a Senator from Texas. To re- 
 elect him under the evidence, under his own admissions, including the last, that his 
 name really has a place in the secret cipher code of the Standard Oil Company, 
 would be, in effect, in favor of the Standard Oil trust as against the code of Texas 
 as against all Democratic platforms, as against the Democratic party, as against the 
 people of Texas, who must buy either oil or lumber at exorbitant and merciless trust 
 prices for all time to come. Considering the many promises and solemn pledges of 
 the Democratic party of Texas, to re-elect Senator Bailey, as matters now stand, 
 would be to throw away the consistency, and destroy the good character of the party 
 
The Political Life-Story of a Fallen Idol 929 
 
 which has condemned and combated so long and so vigorously the very wrongs (be- 
 fore and above all other wrongs) for which Baileyism stands. 
 
 The News does not believe that the Democratic party of Texas, committed 
 firmly to the most rigid anti-trust laws and platforms, committed to the people who 
 have lumber and oil to buy, and committed expressly and emphatically against Sena- 
 tor Bailey's most generous, faithful and secret friends, will even dream of sending 
 to the Senate a man who misrepresents so outrageously the views, the demands and 
 the rights of the people of Texas. 
 
 Meridian Tribune. 
 
 Senator Bailey tries to make the people believe he is the ablest and smartest man 
 ever in Washington, the President of the United States not excepted. He "blows" 
 about the ability to detect the schemes made against the interest of the common people, 
 yet he took the word of his friend's friend, Pierce (and $3,300 of his money in a few 
 hours after first forming his acquaintance), in preference to the mandate of the high- 
 est court of the country, and then swore that he thought the Waters-Pierce Oil Com- 
 pany was an independent one. 
 
 Carrolton Chronicle. 
 
 The Bailey papers over the State lay particular stress on the large crowds that 
 gather to hear the accused Senator all over the State. Quite natural for people to 
 want to see and hear a United States Senator — especially the junior Senator from 
 Texas — they want to see what kind of an animal he is. Immense crowds turned 
 out to see Roosevelt when he was touring the State, too, yet Texas is still decidedly 
 Democratic. 
 
 Cameron Herald. 
 
 The professional kid glove Democracy are usually supporters of Joe Bailey, 
 while the true blue Democrats, who believe in right and justice prevailing under any 
 and all circumstances are teeth and toe nail against "Coal Oil Joe." 
 
 JOE BAILEY^ PRINCE OF BORROWERS. 
 K. Lamity's Harpoon. 
 
 I always endeavor to be fair, and if I am not, it is an honest error. Ever since 
 the anti-Bailey controversy began — yes, even since the readmission of the Waters- 
 Pierce, alias Standard Oil Company into Texas — I have been morally certain of two 
 things, and recent developments have merely confirmed my former convictions. First 
 after the Attorney General had whipped old Rockefeller and his pal Clay Pierce 
 clear out of Texas, the oil monopoly was readmitted solely through the political influ- 
 ence of Joe Bailey. 
 
 Second, that such action (even admitting that no monetary consideration was 
 received) was wrong— -absolutely wrong — on the part of Bailey, and should eternally 
 prohibit him forever after from representing Texas people in Congress. 
 
 Nobody knows the justness of the above proposition more than Bailey. He has 
 known it all the time, but the public has not been aware of the seriousness of the 
 situation, until forced into an investigation over the vigorous protest of himself and 
 every one of his supporters, facts have been proven that have startled the whole 
 country. 
 
 The supporters of Bailey started with the wrong war cry and wrong method for 
 securing vindication of this prodigy in single and double-handed borrowing. They 
 began by the indiscriminate abuse, slander and bulldozing of every Texas Democrat 
 who even insinuated that he thought the matter should be investigated. 
 
 "Liars, thieves, blackmailers, scoundrels, hyenas, slanderers and sons of " 
 
 were only a portion of the epithets applied to thousands of honest Texas Democrats, 
 who for the last fifteen years have been voting and yelling for Joe Bailey until they 
 ruptured their nether garments from Texline to Laredo. These hypnotized whooping 
 howlers are not much to blame. They took the cue from their leader who never 
 made a speech without applying the above epithets, "if de ladies weren't present," 
 to use Col. Garner's favorite expression. Leaving out every single charge that was 
 
930 Senator J. W. Bailey of Texas Unmasked 
 
 made during the investigation, the language used by Joe Bailey during his campaign 
 for re-election, is enough to forever bar him from the United States Senate, and 
 relegate him to the position of chairman of the United Brotherhood of Ancient and 
 Antique Vulgarians of the United States. His undisputed claims to this honor 
 will be appreciated when we remember that these hack-driver epithets by Mr. Bailey 
 were applied to honest, conscientious Democrats, who never before had spared time, 
 money or labor to advance him to the high position he occupied. 
 
 No one has ever accused Joe Bailey of stealing — yet. The worst that has been 
 charged is, that he has received large and valuable favors from the Waters-Pierce Oil 
 Company, alies Standard Oil Company, for the aid he extended them in being re- 
 admitted to Texas. He does not deny receiving what he politely designates as "loans" 
 from the oil trust, but says such favors were only on account of "personal friend- 
 ship," and not on account of "political influence." The evidence adduced, show- 
 ing that Joe borrowed several thousand dollars from Clay Pierce, alias Standard 
 Oil Company, inside of 48 hours after he first met him, easily places Joe twenty- 
 seven laps ahead of Mr. Micawber, Madam Humbert, and makes Cassie Chadwick 
 look like a pair of busted Jenness-Millers. 
 
 I don't blame Joe Bailey in the slightest degree for borrowing this money if he 
 wanted to borrow it. But at the time he accepted these favors from the Waters- 
 Pierce alias Standard Oil Company, he should have resigned his seat in Congress. 
 It was wrong for Joe Bailey to attempt to represent the people of Texas in their 
 deadly and fierce battle against the Waters-Pierce, alias Standard Oil Company, and 
 at the same time be indebted to that company for thousands and thousands of dol- 
 lars. Every dollar he borrowed and enjoyed of the Waters-Pierce, alias Standard 
 Oil, money bore the stamp of honest labor, for it was wrung from the toilstained 
 fingers of Texas wage-earners by that ravenous and merciless monopoly. Joe Bailey 
 positively knew it, and I hope he enjoyed it. 
 
 Poor people furnished that money on compulsion, because poor people burn 
 oil lamps, while rich people use electricity and gas. The average Texas Democrat 
 did not even dream of the disgraceful conditions existing. He knew he was being 
 robbed openly, but he could not help himself. He knew that the Waters-Pierce, 
 alias Standard Oil Company, was compelling him to "hands up" while it went 
 through his pockets and took his money, but he never even fancied that said company 
 was lending the same money to his champion in Congress — Joe Bailey. But these 
 are absolutely undisputed facts — admitted by Bailey himself. If it was not the 
 "shame of Texas," please christen it. 
 
 Bailey concealed every important fact of his treason to his constituency until the 
 truth was squeezed out of him like a compress squats the wind from a cotton bale, 
 and when exposure can no longer be avoided he defies the very men who have been 
 plundered by his trust friends, calls them every abominable name he can think of, 
 and threatens physical and political annihilation to every one who dares open his 
 mouth in righteous protest of such corkscrew political manipulations. 
 
 But this Mississippi Sonder — this Borrowing Warwick, overlooked a bet, when 
 he underestimated the character of the honest yeomanry of Texas. He failed to re- 
 member Goliad, the Alamo, San Jacinto, and the dark days of '61-65. He over- 
 looked the metal of Texas Democrats and tried to bluff them. It was a fatal error. 
 They asked for information which they had a right to ask, and were told to shut 
 their mouths. They said they did not believe it proper for their representative in 
 Congress to even "borrow" large sums of money from the oil trusts that were grind- 
 ing the very lives out of them, and Joe told them he would "drive every man who 
 opposed him into the Gulf of Mexico," and attempted to make his threat good. 
 
 Texans are easily led, but they won't drive. Santa Anna tried it. E. J. Davis, 
 backed by United States muskets and nigger soldiers, tried It. It won't work — as 
 Joseph has doubtless discovered. Texans have been butchered, massacred and plun- 
 dered, but never whipped or bulldozed. They were not even whipped in 1865. They 
 were tired and came home to rest, but not whipped, intimidated or conquered. They 
 could probably be killed out, but not "chased into the Gulf of Mexico." They never 
 
The Political Life-Story of a Fallen Idol 931 
 
 would go further in that direction that San Jacinto, and then there would be a fight 
 to a certainty. 
 
 1/ Texas Democracy has not reached its political San Antonio during the Bailey 
 investigation, I am sadly mistaken. When Joe Bailey was elected to the United States 
 Senate (while serious charges against him were being heralded broadcast over the 
 country) Texas Democracy met its political Alamo. I care not a whoop in hades 
 what others may say, but I brand that legislative act on both sides, in box car letters, 
 "SHAME." It was unprecedented, unheard of, undemocratic and unjust to the 
 fair name of the best State in the Union. 
 
 In my opinion Joe Bailey has not acted fairly and frankly with the men who 
 made him what he is. He accepted the championship of their rights, and has aided, 
 abetted, and given comfort and shelter to their enemies. What would you think of 
 the commander of a fort who, after the enemy had scaled the walls and were beaten 
 out by the brave defenders, would himself open the gate for the enemy — and hold it 
 open? What would you think of Charles Culberson, or any other Texas Senator, 
 who would go to 26 Broadway, New York, be introduced to Clay Pierce or John 
 D. Rockefeller (they are partners) and borrow money from them at first sight? 
 And added to this, what would you think of the Senator who does this and imme- 
 diately follows it up by using his political pull to have said trust re-instated in Texas 
 and permitted to resume its business of highway robbery, after it had been kicked 
 out from the State by the Attorney General, acting under Texas laws? You need 
 not hem and haw about it. Just tell me what you would think of such actions in 
 any other Senator, leaving out Bailey — the immaculate — Bailey, the political immune. 
 Squirm and wiggle, twist and dodge all you please — it's not right, it's not just — 
 it's not honest and it's a shame on Texas. 
 
 "Upon what meat doth this, our Caesar, feed 
 That he is grown so great ?" 
 
 "By heaven, I had rather coin my heart. 
 
 And drop my blood for drachmas, than to wring 
 
 From the hands of peasants their vile trash. 
 
 By any indiscretion." 
 
 If this be treason, make a meal of it. 
 
 Hallettsville Herald. 
 
 * * * Despite all the whitewashing it has been shown that Bailey hobnobbed 
 with capitalists and corporations, advised them and borrowed money from them, and 
 was at their beck and call. While representing the people of Texas as their United 
 States senator, drawing a salary of $6,000 per annum, for his services, he was at 
 the same time legal adviser for the Waters-Pierce corporation and assisted them in 
 being readmitted to the state, when the state of Texas was bitterly fighting the 
 Standard Oil's creature. It was a plain case of Dr. Jekyll and Mr. Hyde. 
 
 BAILEY RICH, RE-ELECTED AND RUINED. 
 
 Home and Herald. 
 
 A wreck is one of the most pathetic things in the world, whatever it be — a 
 railroad train, a ship or a good name. Senator Bailey has been a fine figure of a 
 man in congress for many years — many for one so young. Endowed richly by nature, 
 both in body and mind, he has had a keen eye for opportunity, great industry, and tlft 
 faculty for making friends. And out of it all he has — money — only money. His 
 gifts, his opportunity and his good name are piled up on the gold coast where so 
 many wrecks lie bleaching. What makes it all the more pitiful is that immediately 
 on the heels of his conviction at the bar of public opinion, of having taken dishonor- 
 aria from the enemy of his state and his country, he drags himself into the very spot- 
 light of publicity by getting himself sentenced to the senate. The conduct of himself 
 and his friends in the matter of his re-election dissolves the presumption of his inno- 
 U-28 
 
932 Senator J. W. Bailey of Texas Unmasked 
 
 cence that the law attaches to every accused person, and shifts the burden of the 
 proof from the prosecution to the defense. He knows whether the charges were true 
 or false. If they were false he had only to step out into the open and defy his 
 accusers. No amount of political chicanery could have secured his conviction if he 
 had been above-board — and innocent. His acquittal would have been not only a 
 vindication, but a triumph, and he would have returned to Washington dragging his 
 detractors at his chariot wheels. As it is, he returns a ruin, self-robbed of any pos- 
 sibility of repair. He can probably prevent a formal conviction in the pending inves- 
 tigation, and he will feel no embarrassment among his fellow senators, seeing that 
 such law practice and law practices as landed Burton in the penitentiary and himself 
 in the "Guilty but not proven" peanut gallery of innocence, until now have been 
 well within the senatorial dignity and morality, but though he is as free as the wind 
 and the boss of Texas, he will wear stripes in public estimation to his dying day. 
 He is still a marked man — marked down. 
 
 BAILEY THE BLOWHARD. 
 
 Mr. Bailey spoke at Cumby, Hopkins County, Texas, July I2th, 1907. The 
 following classical and analytical estimate of the man and his address is from the 
 pen of Mr. G. W. Morton, editor of the Cumby Rustler: 
 
 "Joseph W. Bailey spoke to an immense crowd in Cumby last Friday — a crowd 
 larger than even his best friends expected. And his friends were not disappointed. 
 The 2,500 people that jammed the tabernacle and extended far out on all sides gave 
 him a great deal of applause. , 
 
 "He is an interesting speaker, has a big voice, a splendid physique, a big brain 
 and self-confidence enough for three men. 
 
 "I got close to him and enjoyed his speech, as much or more than I expected 
 to before I saw him. The confidence and egotism of the man is a source of constant 
 wonder. But that is a measure excusable in a man who has unusual ability. Such 
 a trait can be admired in him but despised in a weakling. 
 
 "Joe is the bravest man I ever saw. He would fight till all the ground for 
 miles around was covered with his blood. Then as soon as he caught his breath he 
 would go in again. Joe makes that point clear himself. 
 
 "And he will have to fight to the death. It is honest politics against corruption 
 in office. There can be no compromise. He may hide the issues by his eloquence 
 and by appeals to the old soldiers, the preachers and the politicians wanting a job 
 and who hope to ride in on Joe's coat tails, but his $250,000 from Kirby, his thou- 
 sands from Pierce, both the active and direct robbers of the state, prove him beyond 
 a doubt to be as corrupt as the men whose tool he is today. His standing in the 
 Baptist Church won't save him, his endorsement by the Methodist pulpit of Texas 
 will only briefly stay the tide that is surely drifting his private bark upon the rocks. 
 He sees the breakers ahead more clearly than we do. His suffering of soul is not 
 from the opposition of enemies as he says, but it is from the consciousness of a delib- 
 erate prostitution and destruction of a national reputation and great talents for 
 money. There's the rub. 
 
 "I was a little disappointed. Joe is not as big a man as Bryan in any sense of 
 the word. His face says he is not as good a man as Br>'an and his speech confirms 
 it in every way. 
 
 "But I am somewhat prejudiced. Of course I am. He made no attempt to 
 allay prejudice either. He was merciless in the castigation of his opponents. I sat 
 there for two hours and took the most merciless skinning I ever received. It was not 
 pleasant, but interesting. The study of the man was worth the pain. And there 
 would have been little pain attached to the proceeding but for the fact that friends 
 and neighbors of half a lifetime enjoyed and applauded it all. This coupled v.'ith 
 the disposition of some on the streets to insult whosoever swears not by Joe is a little 
 unpleasant, to say the least. This coupled with the actual sacrilegious use of the 
 scriptures and the applause and amens of the preachers present is an experience not 
 soon to be forgotten. 
 
The Political Life-Story of a Fallen Idol 933 
 
 "Probably one half the crowd was with Joe. The other half was there from 
 curiosity. 
 
 "He cussed and discussed his enemies, dismissed them often and returned to them 
 as often, lingering over them with a volubility of abuse and hatred that was sweet 
 to his feelings. 
 
 "This part of his speech was indeed great and eloquent. It brought rounds of 
 applause. I have heard the bully in the backwoods berate his enemies, I have heard 
 the street loafer villify everything and everybody in sight, I have heard irate females 
 let loose their pent up wrath on defenceless heads, I have read Bran's Iconoclast and 
 the Rip Saw, but in venomous hatred of both word and mannner, in an elegant style, 
 Joe beat them all. Nothing and nobody that dared oppose him was spared. 
 
 "Light work this for great talent. A voluble tongue and an absence of con- 
 science that turns loose that animal in man and the thing is done. It's a dead easy 
 job. 
 
 "In the intervals he discussed the tarifF, the income tax, the election of senators 
 by the people, in a very able, if not original manner. He also paid several tributes to 
 the old soldiers of the South — but few of the veterans were on the platform where 
 seats had been reserved. They refused to occupy them. Some of our veterans can't 
 be caught by a little cheap taffy, not much. 
 
 "His friends here assured his opponents that Joe should make a straight Demo- 
 cratic speech and should not abuse his opponents, but he put in more than half his 
 time doing it. But I don't complain. I only wish he had put in all his time that 
 way. He told how he suffered during the investigation at Austin, and the preachers 
 should have answered, "whatsoever a man soweth that shall he also reap," but they 
 didn't. He told of his efforts in congress to curb the Standard Oil, but said not » 
 word about their money that makes him rich. Back of that declamation and martyr- 
 posing and attitudinizing, back of it all stands the open treasure vaults of Pierce. Back 
 of all stands Francis who virtuously paid Bailey's note and afterwards proved to be 
 a partner of Pierce. 
 
 "Back of all the pleading and appeals stands the great wrong saddled upon 
 Texas by Bailey's advice and directions. Back there stands Kirby, the lumber king, 
 the purchaser of courts and men. Then way back yonder stands Rockefeller who 
 pulls the string and makes the puppet's dance for the amusement of fools while he 
 picks their pockets. 
 
 "His coming here was unfortunate. The bitterness and sores of the campaign, 
 were slowly healing, friends could talk without much show of feeling. But contrary 
 to the promise of his friends, he came and tore open the old wounds that will take 
 years to heal. Joe was elected. He had triumphed over his opponents, as wrong often 
 triumphs, and there was no need to further fan the flame of hate. It will be a harvest 
 of bitterness for years. It will not stop now. Men who believe a public servant 
 should represent the people and not their enemies and robbers, say they will have a 
 man here to answer his tirade of abuse and show him in his proper light. 
 
 "We failed to hear his introduction by Rev. Charles Bounds. Joe's opponents 
 say the introduction was better than the speech. 
 
 The reporter of the Record says. 
 
 "He was introduced by Rev. Charles L. Bounds, who paid a high tribute to 
 his lofty character and brilliant career. Among other things, he said the speaker of 
 the day is the greatest product of this generation. He is a man whose masterful 
 intellect towers, like Saul, the son of Kish, who from his shoulders upward was taller 
 than any of the people." 
 
 "The young man was happy in picking the illustration he did. A fitter type than 
 Saul can not be found. Bailey, indeed towers above his fellows, he is brilliant and 
 fascinating. He rose at once from obscurity to the highest place in the gift of his 
 people. He was their idol and their joy. Saul did so, too. No man or nation was 
 able to stand before him. But at his height he forgot the hand that made him and 
 upheld him and, according to the young preacher's sermon on the following night, 
 Saul and his bright career went down in darkness, defeat and shame. 
 
934 Senator J. W. Bailey of Texas Unmasked 
 
 "A fitting type tor the setting sun of Bailey's brilliant career. 
 
 " 'i thank thee, Roderick, for the word.' Instead of slaying the Amalekites as 
 ordered, he brought back their choice possessions. 
 
 "Joe made a great onslaught on the corporations he was expected to curb or 
 destroy but he brought back their wealth and says he will do it again. 
 
 "No, he has not fallen yet, but his own -labored efforts say more plainly than I 
 can say it that retribution is driving him hard." 
 
 BAILEY'S PARTY RECORD. 
 The Texas Farmer. 
 
 We venture to suggest that nominations by the primary system of United States 
 Senators are only advisory. Senator Bailey claims to be a good constitutional lawyer, 
 and he should know that no primary nomination is binding legally upon the members 
 of the Legislature who elect senators, and in some instances is not binding upon 
 them morally. 
 
 Then "Joseph" should remember that the members of the Legislature who voted 
 against him followed the precedent set by himself in numerous instances. They knew 
 that when the National Democratic convention met in Chicago in 1896 Bailey openly, 
 boisterously, fought the selection of Mr. Bryan as temporary chairman of that con- 
 vention. They heard, too, that when Mr. Bryan was nominated "Joe" sought him 
 at his hotel and told him in the presence of numerous friends that he was no Demo- 
 crat and ought not to have been nominated. They have not forgotten that Bailey, 
 in a published interview, which was given out in a Chicago and Texas paper, said 
 he could not support Mr. Bryan because he was no Democrat. The members who 
 voted against him remember, too, that in a published communication Bailey declined 
 to run for the Democratic nomination for Congress in his district. They cannot 
 forget that "our Joe" after the convention adjourned at Chicago, went on to Wash- 
 ington in pursuance of his determination not to run, and that, in the meantime, four 
 or five other candidates came out for nomination in his place. They remember also 
 that Bailey hurried home from Washington ; that when he reached Gainesville he 
 addressed a public meeting. In his speech, which was filled with denunciations of 
 Mr. Bryan and of his policies, and in which he said that Mr. Bryan was no Demo- 
 crat, he then told his audience what he stood for; that if, with that explanation of 
 his position they wished him to run he would run ; like Barkis, "he was willin'." It 
 is not forgotten, either, how the committee was manipulated by Bailey's friends, and 
 that at his urgent insistence a new convention was not called. If Mr. Bailey has 
 forgotten this chronicle of his actions on that occasion and the speech he made we can 
 furnish them to him. The members who voted against him remember that in 1898 
 the State Democratic convention met in Galveston ; that a committee on resolutions 
 was selected, and that Bailey appeared before it and vigorously antagonized and 
 fought any platform declaration by the committee and by the State convention in 
 favor of the policy of expansion. They recall, too, that when Bailey was turned 
 down by the committee he appeared before the convention and in a long speech de- 
 nounced the platform declaration on that question. When he was defeated in the 
 convention by an overwhelming majority, it was believed that Bailey, like a true, 
 brass-collar Democrat (as he now says he is) would submit. 
 
 "But not for Joseph; no, no, no!" 
 
 He repudiated the action of his party instantly, vigorously, and insultingly. 
 When the Democratic convention of his congressional district met to nominate him 
 as its candidate for Congress a committee on resolutions was selected, the chairman of 
 which \vas Don A. Bliss, of Sherman, Texas, a gentleman who in the span of his 
 life has sometimes given an increased circulation and an additional significance to 
 the aphorism, "Ignorance is bliss." 
 
 Mr. Bliss, chairman of the committee, reported a series of resolutions to the 
 convention, which, in clear, unmistakable language, openly repudiated and denounced 
 the State Democratic platform on the issue of expansion. When the resolutions were 
 adopted Mr. Bailey appeared before the convention and in his address again denounced 
 the action of the State convention, and openly announced that he would not be bound 
 
The Political Life-Story of a Fallen Idol 935 
 
 by its action, although he had been a delegate to that convention, yet upon every 
 principle of party loyalty and party fidelity was bound by its action. 
 
 Bailey will recall, we are sure, that once upon a time the late Senator Quay, 
 of Pennsylvania, was a Republican candidate for election as United States Senator 
 by the Legislature of that State. Bailey cannot have forgotten that there was among 
 the Republican members of that Legislature a formidable revolt against the election 
 of Mr. Quay by a large section of the Republican members of that Legislature. He 
 know?, too, that at the time, although the Democrats were in a hopeless minority in 
 that Legislature, yet, they had put out a regular candidate for nominee as United 
 States Senator. He cannot have forgotten that when that fight was at the height 
 of its fury he wrote a letter or gave out an interview in which he stated that if the 
 Democratic members of that Legislature could hope to elect a Democrat as Senator 
 they ought to vote for him, but if it was manifest that they could not elect a Demo- 
 crat he would rather see Quay elected than any other Republican, and hoped he would 
 be. Will Senator Bailey publish this letter or interview? With all this scope of 
 precedent before the members of the Legislature who voted against him, can he not 
 find some excuse for them in following precedents set by Bailey himself on several 
 occasions? Are they liars and scoundrels simply because they followed their own 
 convictions and the precedents set by Bailey? 
 
 Among the 9tronge3t and most noteworthy editorials during the senatorial controversy in Texas, 
 was the following from the Houston Chronicle of date March 3rd, being inspired by Mr. Bailey's 
 final address to the Thirtieth Legislature on the night of his so-called exoneration, but of his real 
 dishonor: 
 
 BAILEY DOCTRINE OF PURE HATE BORROWED FROM INGERSOLL. 
 
 Robert Ingersoll, the arch infidel and Yankee colonel who was captured in a 
 cowpen by a beardless boy, in order to atone for the cowardice then displayed, im- 
 potently longed for words of pure hate, words that would "twist and writhe like 
 serpents" in order to express the venom of his soul against the conquered and stricken 
 South. 
 
 Senator Bailey, in the hour of his state's humiliation, borrowed the language of 
 the last wave of the bloody shirt, and gave him credit for the sentiment in order 
 that he might emulate the wish for power of searing, poisoned words to express an 
 undiluted and concentrated hate toward every man in office or in the state who 
 would not cringe at the crack of his whip and deliberately call good evil and evil 
 good and darkness light and light darkness. 
 
 No political serf might at the risk of his political life dare even to temporize or 
 ask for delay, but he must obey the voice of his master and swear that the repulsive 
 soul of this political Mokanna was a thing so pure that it alone was fit to dwell in 
 the holy of holies of democracy. 
 
 Legend says that Pope John ordained his horse an official of the church, and 
 made the college of cardinals ratify the choice. 
 
 Nero declared that he was a deity, and ordered that the honors of divine worship 
 be paid to his statute, and the Roman senate confirmed the decree. 
 
 Antiochus Epiphenes sacrificed a sow on the great altar of burnt offering at 
 Jerusalem and forced the Jews present to worship as the smoke ascended. 
 
 Only in such repulsive parallels can an analogy be found for the scene of servile 
 sycophancy, when a majority, closing their eyes to the facts, and stopping their ears 
 to the evidence, lifted on their shoulders as their lord the thing that the world knows 
 as the creature of the Standard Oil. 
 
 A Turkish sultan, son of a harem slave, makes the first act of his accession to 
 the throne the slaughter of his half-brothers. 
 
 A Grecian despot reaped with his cane all the heads of wheat that stood above 
 the rest to give an object lesson as to how to maintain supremacy. 
 
 Sulla, the tyrant, gave to his executioners the lists of the Roman nobles who 
 had opposed him, and Machiavelli taught what Csesar Borgia practiced, that in some 
 way, by rack or cord or poison, opponents must be removed. 
 
 All of these worthies were content to carry out their edicts largely through 
 
936 Senator J. IV. Bailey of Texas Unmasked 
 
 agencies. Caligula indeed wished that all mankind had but a single neck that he 
 might sever it at a stroke of his sword, but Texas has produced the spectacle of a 
 man who preaches the doctrine of hate at the same time when, like Nero, he deifies 
 himself, so that to oppose this egomaniac who usurps the prerogatives of Jesus Christ 
 is to be an "infidel." 
 
 He borrows the language of IngersoU to denounce his opponents, and makes 
 himself not only the essence of the democratic party so that it is proclaimed as party 
 treason not to do his will, but also of such immaculate conception that his enemies 
 are damned as "infidels." 
 
 In the same breath he boldly preaches the doctrine of incarnate hate, hate satanic 
 and dynamic, hate pure and applied and swears himself and his children, as Hannibal 
 took an oath gainst Rome, to a never sleeping vengeance against thousands of his 
 fellow citizens, the lieutenant governor and attorney general of his state, forty odd 
 members of the house of representatives, fourteen members of the state senate, one 
 hundred and sixty newspapers, the majority of the citizens of the county in which his 
 oath was taken, and every man in the length and breadth of the land who has been 
 guilty of the lese majeste against Bailey of protesting when the honor of the state 
 was dragged at the tails of the steeds of the twin oil trusts. 
 
 He will print a black roll, an index expurgatorious, of the men who shall never 
 hold office in the state. 
 
 He swears he will bring to bear all the power of a senator's influence in the ward, 
 in the precinct, in the county, in the district, and in the state, and boycott every man 
 who opposed him, blacklist him from every civic honor, close the door of every political 
 preferment in his face, and render him as incapable of being crowned with civic 
 laurels as if he had been by judicial means deprived of his citizenship. 
 
 He will not only oppose but he will depose. He will say to the democracy of 
 Texas: "You have chosen a man for lieutenant governor who does not please me. 
 Retire him! Your attorney general has attacked my treasury, the Waters-Pierce Oil 
 Company. Scourge him from office!" 
 
 He will come to Harris county and to Travis county, and to the other counties 
 in this state whose representatives were numbered with the immortal minority, who 
 were not to be cajoled nor terrorized nor deceived, nor bulldozed nor flattered into 
 submission, and he promises on demand of any friend of his who may covet their 
 togas to force the people of these free counties to retire the men of their choice and 
 put in men who will not protest though he thrust his fingers larded with the loans 
 of the trusts into the most delicate problems of municipal regulation. 
 Boss Tweed was not so open nor so arrogant in his tyranny. 
 Shamelessly the terms of the bargain with his henchmen were blazoned in the 
 open: "These men stood by me, and I will stand by them," he said. In their hour 
 of need I will come to their counties and will force the weak and twist the pliable 
 and lure the mercenary and flatter the foolish and put them in office. 
 
 No sultan, no kaiser, no czar possessed of the undisputed patronage of the ofSces 
 of a nation could ever have dealt out threats and promises with so lavish a hand. 
 
 No despot ever rapped the principles of individual liberty so arrogantly as this 
 man has done. 
 
 The Chronicle dares to say that this bully cannot enforce his threats, that this 
 braggart cannot fulfill his promises. 
 
 It dares Bailey to enter the list in the counties against the senators and repre- 
 sentatives, against the lieutenant governor or the attorney general. 
 
 We also will keep both lists, and while we do not pledge ourselves to keep the 
 flames of hatred forever burning and to hold the tomahawk forever bare and the 
 scalping knife forever unsheathed we venture to believe, because we believe in God 
 and not in hate, that the time will come when the awakened democracy will weep over 
 the deed of shame that sent Bailey back to the senate, will purge her desecrated altars, 
 and will honor the men who did not bow the knee to the bloated fetich of the money 
 god. 
 
 The Chronicle believes that men who do not despise poverty and who do not 
 forsake the friendship of the humble and the simple ideals of the old-time democracy 
 
The Political Life-Story of a Fallen Idol 937 
 
 for the friendship of perjured trust officials, who allowed their pampered, jaundiced 
 hides to be sucked by political loan leeches, are our true representatives, that faithful- 
 ness to trust shall eventually be ranked above the worldly gifts of the orator, or the 
 spell-binding brilliance of the demagogue, and that the ideals of Coke and Reagan 
 and Culberson and Lanham and Hogg will again be regnant and triumphant. 
 
 No man who builds on a platform of a full meal barrel for himself and hatred 
 and revenge towards his enemies can eventually triumph, and although Senator Bailey 
 be borne on the shoulders of his Praetorian Guard to a seat of office and spit his 
 venom in the face of the world, after all not he is the dispenser of the world's gifts, 
 but there is One above of whom alone it can be said "He hath put down the mighty 
 from their seats and hath exalted them of low degree." 
 
 The following editorial appeared in the Galveston News of December 25, 1906: 
 
 THE ONLY MAN WHO SEES NOTHING WRONG IN IT. 
 
 Senator Bailey's organs admit that his loans from the president of the Waters- 
 Pierce Oil Company, a branch of the Standard Oil Company, were a "grievous mis- 
 take." It is alleged that even his closest friends, in the long conferences over the 
 interrogatories propounded by the Attorney General, seeing deceit and evidence of 
 guilt in a suppression of the fact that the "larger note" to Pierce was for $25,000 
 urged Senator Bailey to set forth the amount thereof in his answer, so that the people 
 might know the whole truth, which Senator Bailey refused to do. 
 
 Even his closest friends agree that he has been guilty of grave offenses, yet 
 Senator Bailey insists, in spite of all the exposure and scandal of it, that, even "if all 
 that they allege against me were true, it would be nothing wrong." These are the 
 words of Senator Bailey in his speech at Proctor. 
 
 Now let us see. It is alleged against Senator Bailey that he has been for years 
 in the regular employment of the Standard Oil Company. If this is true, must we 
 agree with him that "it would be nothing wrong?" It is alleged by many that Senator 
 Bailey bodyguarded a branch of the Standard Oil Company back into Texas, and that 
 he received for such service and for "quieting all parties in Texas" loans as follows: 
 $3,300, $200, $1,500, $1,750, $300, $2,000, $8,000, $25,000 and $156,000. Do 
 the people of Texas agree with Senator Bailey when he declares, "If all that they 
 allege against me were true it would be nothing wrong?" It is alleged that, while 
 pretending to serve a Democratic people, busily engaged in efforts to rid themselves 
 of trusts. Senator Bailey, on a salary of $5,000 a year, has cleaned up, as the attorney, 
 agent, friend and servant of the people's greatest enemies, over a million in trust 
 money since he met "Dear Pierce." Do the people agree with him that, "if all they 
 allege against me were true it would be nothing wrong?" 
 
 Senator Bailey is "alleged" to have done some things which he probably did not 
 do, and certain of his "alleged" offenses are of a most serious nature, yet he sees 
 nothing wrong in them. He is righteous and above reproach. He is alleged to have 
 betrayed, deceived and scandalized his people and his party by engaging to "quiet 
 all parties in Texas" in the interest of the people's greatest enemy. He is alleged 
 to have concealed the facts and to have deceived the people who have implicitly trusted 
 him. He is alleged to have slandered and vilified the Texas press by which he has 
 been served, applauded and extolled. He is alleged to have depended upon suppres- 
 sion of the truth, concealment of material facts until they were forced out of him, 
 and to have depended upon evasion, trickery, villification and false accusation as his 
 chief means of defense. Do even his friends, his closest friends, agree "if all they 
 allege against me were true it would be nothing wrong?" 
 
 The News does not believe that all the allegations against Senator Bailey are 
 true. Naturally, there are those who are so utterly indignant, because of the matters 
 which he has himself confessed, that they are inclined to allege against him offenses 
 which he has not committed ; but his sweeping assumption of innocence includes these 
 with the rest. 
 
 If Senator Bailey means what he sa5's, then his remarkable ideas as to right and 
 wrong form a wonderful lesson in psychology and in moral philosophy. Does he 
 
938 Senator J. W. Bailey of Texas Unmasked 
 
 really know no difference? He insists that "if all they alleged against me were true 
 it would be nothing wrong," when if Texas had in the Senate today a Populist or 
 Republican Senator and he rested under the same allegations now made against Sen- 
 ator Bailey, Senator Daily would damn him even more violently than he damend 
 Senator Burton, and would probably lead any crowd of indignant Texans who felt 
 moved to hang the betrayer of the people to a telephone pole. 
 
 The service which the people of Texas desire a Senator to perform can not be 
 rendered faithfully by any man who entertains any such notion as to what is right and 
 what is wrong. 
 
 TRUTH ABOUT THE BAILEY PROBLEM. 
 
 By his own confession, Joe Bailey has established the fact that he is not only a 
 Star Grafter, but is a Traitor to Texas Democracy. 
 
 A'. Lam'tty's Harpoon. 
 
 If there was still lacking one single thing after the recent alleged investigation 
 to forever put Joseph on the cooling board that speech of his before the Legislature 
 supplied the deficiency to a nauseating degree. Never before in the annals of Texas 
 history has a Texas audience, much less a Texas Legislature, sat and listened to such 
 Billingsgate as fell from the envenomed and putrescent chops of this Political Miss- 
 issippi mudhen. It was like the despairing effort of the mortally wounded fitchew, 
 which in its dying agonies always fires a departing shot of stench at its enemies. 
 
 But Joe was certainly mad, wasn't he? In his superhuman conceit and gigantic 
 gall he really believed he had all Texas at his feet. If any one had even hinted to 
 Joe Bailey that the backbone of the Democratic party in Texas — the truly sincere 
 and honest Democrats — would not stand for such high-handed grafting as he has been 
 practicing he would have scouted the idea. What? He! Joseph Weldon Bailey — 
 the imported political Wonder of the Nineteenth century, turned down by the Texas 
 Democrats? Not much! But 
 
 "The best-laid plans of mice and men 
 Gang aft aglee ;" 
 
 and when Joseph came before the Democracy of Texas smelling like a real oil pipe 
 line it simply "spewed him out," and hence he is mad. He has in his wrath branded 
 
 as liars, thieves and scoundrels, perjurers and sons of " every man who is not 
 
 in favor of giving him a seat in Congress, paying him for it and then permit him 
 to do a general promiscuous grafting stunt with Clay Pierce, John Rockefeller and 
 any other trust boss who wants to buy political leverage. Joseph, you are politically 
 dead — dead as a salted mackerel — and it's your own fault exclusively. 
 
 I really enjoy a good show if I am able to classify the exhibition, but really, 
 that immortal "Bailey Investigation Committee," which cost the taxpayers of Texas 
 over ten thousand dollars, would be an easy winner in a freak contest. It was a little 
 expensive, but I contend that it was worth the money. It beat anything I ever saw, 
 and I know I've seen a dozen or more things. Up to date Texas has lead the 
 world in everything. In the future I trust that history will hand down to posterity 
 a full account of the "Bailey Investigation Committee," so that the scientific searchers 
 after abstruse and difficult problems and puzzles can have something to work on. I 
 believe it will hold them for quite awhile. 
 
 When an investigation was first proposed Mr. Bailey was violently opposed to it. 
 He even arose and megaphoned to the Democrats of Texas: "There will be no inves- 
 tigation," and instantly the echo came back from his gang of hypnotized whoopers, 
 "There will be no investigation." Texas people always assume that a man is innocent 
 until he is proven guilty or voluntarily acknowledges his guilt. Innocent people 
 do not fear or object to their conduct being investigated, and hence Texas Democrats 
 wondered why on earth Mr. Bailey was objecting so strenuously to having his private 
 dealing with Standard Oil laid bare. But since we have succeeded in even obtaining 
 a limited, biased and farcical alleged investigation into Joseph's transactions with that 
 great commercial pirate, Standard Oil, no one now wonders why he objected, or 
 blames him for it. God knows I don't. 
 
The Political Life-Story of a Fallen Idol 939 
 
 When the investigation was being agitated, Joseph reminded me of a sand crab. 
 He was as restless, disconsolate and nervous as a jackass in a hailstorm, and like the 
 sand crab, would advance, retreat or sidestep without ever changing front. He 
 traveled a lot without going any great distance and tramped down the grass in a 
 circle like a staked broncho. Imitating a "doodle bug," he hung around the Driskill 
 Hotel and dug holes in the sand in which to trap his enemies. Lying quietly at the 
 bottom of the pit, he patiently waited to catch the political insects as they slided 
 into his trap. When one ventured near (even by invitation) and refused to tumble 
 into the snare of their political Myrmelaonldffi (or doodle bug) he began throwing 
 sand showers at him in hopes of causing him to become excited or frightened and 
 drop into the funnel-shaped pit. (See testimony of Sam Johnson and others whom 
 Bailey declared he would destroy politically next time they ran for office because they 
 refused to support him.) 
 
 When an investigation was a foregone conclusion, Mr. Bailey got a coal oil 
 move on himself and began one of his famous sand crab sidestepping stunts. With 
 a brazen effrontery and impudence that would have caused the original author of the 
 mule tribe to blush with shame, Joe Bailey declared then an investigation was exactly 
 what he pined for — the consummation which he had so devoutly wished. Of course, 
 as soon as Joseph began to sand crab sideways his gang of seraphic squallers almost 
 fell over themselves to "line up" with their oscillating leader. Whatever Joe 
 did was right. If Joe took snufl they sneezed like a gasoline engine. Everything 
 that effected him produced precisely the same effect on them. If he smoked they 
 winked their eyes and lit matches. If he took a chew of tobacco they flooded the 
 cuspidor. Everything was the same — from an emetic to Red Raven Splits — from 
 dandruff to toe itch — and the band played on. It was too nauseating to even be 
 funny. 
 
 The proposition having been forced, the Bailey crowd was compelled to agree, 
 and it was loudly proclaimed by the defendant and his life guard that all they wanted 
 was a "fair, impartial, full and complete investigation," which was all any honest 
 man could desire — so the show opened. 
 
 Now, it must not be forgotten that a very large per cent — really an over- 
 whelming majority — of the true, honest Democrats all over Texas who really wanted 
 an investigation were not enemies of Joe Bailey, 1 am quite aware of the fact that 
 there is a certain little gang of political eunuchs in this State that is anxious to see 
 Joe Bailey "downed," right or wrong. These political Pariahs are jealous and afraid 
 of him and want to emasculate him politically, and the miserable whelps are not 
 particular as to how the operation should be effected. Their strength amounts to 
 nothing, no matter what side of a question they espouse. I am also aware, however, 
 that there is another gang of men in Texas who want to see Joe Bailey hold the 
 political leadership in this state, no matter what he says or does. This latter 
 gang are financially interested, and when you hit a man's pocketbook he jumps higher 
 and squeals louder than he would were you to throw red pepper in his eyes. This 
 gang is powerful — have unlimited resources with which to supply munitions of 
 political war — and it needs just such men as Joe Bailey in Congress to keep their 
 mints coining money. The leaders of this gang don't care a cuss what Joe Bailey 
 does, just so he don't interfere with their game of graft. When they need his influence 
 they have the cash to pay for it and are perfectly willing to fork it over. Their 
 motto is "If you want anything buy it." It's no trouble for any ordinary man to 
 recognize and locate the leaders of this crowd. Show me a man who is directly or 
 indirectly interested in any sort of trust, monopoly or combine and I will show you a 
 man who will go his full length in hot lard to keep in Congress just such men as 
 Piatt, Depew and Joe Bailey. 
 
 But prior to his unfortunate and deplorable surrender to the Standard Oil pirate 
 there had never been a man who held a stronger and more conscientious following 
 in this great State than Joseph W. Bailey. He was Texas' political Dowie— the 
 reincarnation of Jefferson, Jackson and all the sainted Democratic leaders who have 
 lived, labored and died fighting the battles of the honest laboring poor of this great 
 commonwealth. His name was something to conjure with. By merely touching 
 his garments or listening to his voice marvelous political cures were effected. 
 
940 Senator J. IV. Bailey of Texas Unmasked 
 
 When rumors of that shady transaction between the oil trust and Joe Bailey 
 were creeping out thousands of faithful, honest Democrats sprang up in his defense 
 and branded said rumors as lies. The rumors began to assume more definite shape. 
 Specific charges were being circulated. Singly and collectively they were denounced 
 as lies and slanders by Texas Democrats. Bailey himself came out in absolute denial 
 of many of the various charges that have since been proven true. Of all the dodgers, 
 twisters, squirmers and sidesteppers I ever had the pleasure of witnessing, Joe Bailey 
 is an easy winner. He is as slick as a mud tank eel, and when cornered can travel 
 through a keyhole and escape. 
 
 "He wiggles in and wiggles out 
 And leaves the public much in doubt 
 Whether the snake that made the track 
 Was going to or coming back." 
 
 Joe Bailey has never been accused by his political enemies of murder, arson or 
 theft. He was simply charged with grafting — of accepting favors in fights, fees or 
 loans from the very men he was supposed to be fighting — hence if guilty he has played 
 his friends false and is a traitor to the honest Democrats who employed him to protect 
 their interests. Has he accepted such favors? He was forced to acknowledge that 
 he has, and in sums so enormous as to surprise and startle his most subservient fol- 
 lowers. The first day he met the president of the Waters-Pierce Oil Trust — alias 
 Standard Oil Trust — he borrowed a large sum of money from him and came straight 
 back to Texas from St. Louis and by reason of his political influence in Texas actually 
 succeeded in reinstating the damnable piratical trust in this State and in securing 
 the dismissal of the just charges of which it had been convicted. Such an infernal 
 and brazen miscarriage of justice has never before even been attempted in Texas 
 or any other State. Joe Bailey knew it was wrong; he knew he was violating a 
 most sacred trust, and still he has the galvanized, brassmounted gall to stand up 
 before a Texas Legislature and call every man who opposes such high-handed grafting 
 
 "liars, scoundrels, thieves, slanderers and sons of ." It takes gall for a man 
 
 to do that when the pure, refined coal oil can be seen oozing from every pore of his 
 skin. 
 
 But that investigation! Wasn't it a prize squash? A majority of rabid hydro- 
 phobic Bailey advocates were placed on the committee. That was "fair," of course. 
 When testifying in his own behalf Joseph was as glib as a hired girl, but when it 
 came time for "cross examination" he simply refused to permit the prosecution to 
 question him. That was "fair" of course — like hell! Who ever heard of such a 
 miserable, silly, puerile travesty on justice? I only hope the time may come when 
 Joseph will be compelled to face quite another sort of tribunal of justice, and that he 
 may attempt some of his high jinks — and get himself "sat down on" good and strong. 
 
 By his own confessions — leaving out all other testimony — Joe Bailey has proven 
 himself a high-handed grafter and a traitor to the Democratic party of Texas that 
 made him what he was — not what he is. He has ripped, reared, roared, cussed, 
 slandered and villified every honest Democrat who dares object to him using his 
 political prestige for money making purposes. He knows that his race is run and 
 that never on earth can he regain that respect and esteem of the thousands of humble 
 though honest men whose loyalty to him has been so wantonly and shamelessly 
 betrayed. He cannot run with self-confessed perjurers like Clay Pierce and claim him 
 as his "warm-blooded millionaire friend" and herd with an honest Democratic 
 voter. He may be real smart, but if the preservation and success of the Democratic 
 party is dependent on Joe Bailey it had just as well sing the doxology, look to the Lord 
 and be dismissed. He must not get the idea in his head that he is the only berry on 
 the dill bush. Texas Democracy did fairly well before this great Mississippi Miracle 
 ever saw the Lone Star State. We would do much better to have more old-fashion 
 honesty and loyalty and less coal oil. 
 
The Political Life-Story of a Fallen Idol 941 
 
 BULLY BAILEY BELCBIED OUT FIRE AND BRIMSTONE IN HIS AUSTIN SPEECH. 
 
 The Texas Coaster. 
 
 Bully Bailey has outgeneraled his enemies. Had they knowTi his inten- 
 tions to retire after six years they might have been easy on him. Now he 
 declares he will stay in the senate for 1 8 years, whether he lives or dies, sur- 
 vives or perishes. The Bailey Bulldozer has gone forth and he will be there or have 
 to swallow his words. He has also issued a bulldozer that every state officer save 
 the governor must retire; also that forty representatives and eleven senators must 
 walk the plank. No monarch that ever sat on the throne of an absolute monarchy, 
 embellished with all the tyranny of the world ever defied the people with such Bull- 
 dozers as Bully Bailey has flung into the faces of the Lone Star State citizenship. 
 No dictatdr ever assumed more power than the egotistical, arrogant Bailey when he 
 uttered his revengeful remarks against freemen of Texas and took unto himself 
 the authority to cast the majority vote of this great state. Woe unto the citizen 
 that surrenders his vote into the hands of Bailey or any other man, be he a senator or 
 an angel. Will Texas freedom surrender her liberties and God given privileges into 
 the hands of one man? Bully Bailey says they will, and he is the great "I am" that 
 will cast that vote in the next election. Perhaps the honorable senator believed that 
 in six more years he would have put H. Clay Pierce and the Standard Oil Company 
 out of business and left them financial wrecks upon the breakers of finance, while 
 he could retire with the booty to a quiet secluded spot with his friends and spend 
 the remainder of his da}'S in quiet and sumptous plentitude. Now that 
 a small suspicion has been aroused by the investigation at Austin and 
 Bailey has put H. Pierce and Standard on notice of his past scoops out 
 of their money till, he figures that it will take him three times as long to divest 
 these trusts of their lucre. Therefore eighteen years will see the consummation of his 
 ambition, when otherwise it would have taken six. Joe seems to forget that Csesar 
 had his Brutus; Napoleon his Wellington and King George his Cromwell. He 
 should remember and profit by their experience. The Senator has not been as cautious 
 as Scipio; he failed to place a friend for a guard to remind him of the plaudits of the 
 people. There is no doubt but what the honorable senator planned, constructed and 
 equipped the "Trojan hoss" and wheeled it into the city of both his friends and 
 enemies in the night time, and direful will be the destruction, struggle and ship- 
 wrecks before Texas democracy will reach the haven of rest on the Hellespont. 
 
 BAILEY AND THE COUNTRY PRESS. 
 
 The Texas Coaster. 
 
 We pity the country newspaper editor with a shirt raveling backbone, 
 with a ring in his nasal appendage and a cough in his weak chest every time 
 some political boss clears his throat. Senator Bailey made the public charge that 500 
 country editors were bribed at $1.00 per head. Ytt we find not a few sap headed, 
 sycophantal, fawning bootlickers down on their knees groveling in the dust, begging 
 favors and courting the good will of an insulting bully. So far as the Coaster's policy 
 is concerned it will criticise friend or foe when it sees fit and proper. It will give and 
 receive jokes in a loyal spirit of friendship, but when any man flies into a rage, spits 
 in our face and calls us a liar and a bribe taker, we will resent it as an insult until our 
 dying day, and rather than make apology to such a brazen insult we would crawl in 
 a sink hole or sewer pipe and eat snails and garbage with the swine. 
 
 DALLAS BANQUET. 
 
 Riley's Rounder, Dallas. 
 
 Arrangements are under way for a banquet to Hon. William A. Cocke. If 
 there is one man in the State to whom the people owe a deep debt of gratitude for 
 the service rendered Texas in the Bailey controversey, that man is Cocke. He, at 
 least, never wavered in the cause of public righeousness, but held his ground against 
 tremendous odds. 
 
942 Senator J. W. Bailey of Texas Unmasked 
 
 THE BOSS RAMPANT. 
 
 Hilton R. Greer in Austin Tribune Feb. 28, 1907. 
 Egotism in excelsis! 
 Vesuvius spouting vitriol! 
 Bossism, victorious and vindictive! 
 
 Wearing a new won halo about his imperial head, his face flushed hot with 
 the intensity of his emotions, and with a tongue too slow to give expression to the 
 molten torrent of invective and bitterness that welled up from his inmost soul, 
 Senator Joseph Weldon Bailey, last night, in the presence of the Thirtieth legislature, 
 which had exonerated him, and of an audience of private citizens which had gathered 
 to hear him, let fall from his lips one of the most remarkable addresses ever delivered 
 by the senatorial representative of any people ; an address whose slogan was "relentless 
 retaliation." xt t> i 
 
 Richard, for one night, at least, was himself again. Not Bailey the senator- 
 dignified, strong in honesty, lifting his head loftily above his "traducers and calumi- 
 nators;" but the true Bailey — bitter, bestial, brutal! 
 
 No pledges were given to his people or to the legislature which had exonerated 
 him that he would in future profit by the "indiscretions" which had so nearly com- 
 passed his downfall; that he would avoid entangling alliances, and that he would 
 strive to uphold the pure white banner of a stainless record for all men to see. 
 Not so. Instead, for more than an hour he indulged in as bitter a tirade of denun- 
 ciation and vindictiveness as ever fell from the lips of a southern senator. If there 
 is any time when true worth and gentlemanliness should shine with unwonted luster, 
 it is when a man has triumphed over a host of malicious assailants, and dignified utter- 
 ances then if ever should characterize an address to the people. 
 
 Csesar, triumphant, can afford to be magnanimous and forgive. Not so with 
 Bailey. He proposed — ^he, the Most Immaculate, the Supreme High Dictator of 
 Texas Politics — to put to utter rout his yelping enemies, and intended to see that few, 
 if any, who had the manhood to oppose him should ever hold public office in Texas 
 again. He proposed to dig their political graves for all time, and dig them broad and 
 deep, burying those poor unfortunates who had incurred his righteous wrath face 
 downward, "so that the more they scratched the deeper down they would go." He 
 proposed to have pictures of the Thirtieth Legislature framed, one containing the 
 "roll of honor" of those who voted for him; the other, "the rogues' gallery," contain- 
 ing all who opposed his complete exoneration in the face of indisputable evidence. 
 
 He has taught his children, he declared, to revere the ten disciples who had 
 proved faithful to the lowly Nazarene, and to despise the two who had denied and 
 betrayed Him ; and in such wise would he teach them to honor those stalwarts of 
 the Thirtieth legislature who had supported him, and to hate eternally and unceasingly 
 all those who had, like men, fought him honestly, openly and aboveboard. 
 God of the glorious — such a comparison ! 
 
 Whither, O Whither, in this age of sordid commercialism and insatiate greed, 
 has true modesty flown? Has reverence for sacred things fled from the hearts of 
 statesmen? Quoting IngersoU in one breath, and comparing himself to the Man of 
 Sorrows in the other! Christ and his disciples! Bailey and the Thirtietli legislature! 
 But enough. A high regard for sacred things and an aversion inherent and 
 inbred to linking them with common things of clay restrains from further reference 
 to the remarkable comparison drawn, intentionally or otherwise, by the Senator him- 
 self. ^ ^ 
 
 But in voicing his bitter and eternal hatred for all those who had the courage to 
 criticise his actions, which were, to quote the language of his friends, "certainly indis- 
 creet," the senator took one step too many, a step that he would be glad to retrace 
 in years to come. 
 
 Whatever the honest voters of Texas may think of his conduct in the past; 
 however they may gloss over his relations with an outlawed corporation ; whether 
 or not they believe that the investigation was conducted with all fairness, — one thing 
 is certain. 
 
The Political Life-Story of a Fallen Idol 943 
 
 Please God, the people of Texas are still too close to the soil from which democ- 
 racy springs, to lose the high principles of their fathers, and they will refuse to take 
 a dose of medicine previously prepared by any political boss, real or self styled, and 
 will decline to accept public servants chosen at the hands of any medium in the future. 
 
 Texas has never in the past submitted to the demands of a boss or dictator, and as 
 God lives, so long as that spirit of liberty which has been handed down to them by 
 their sires of San Jacinto dwells in the Texas breast, she will refuse to do so! 
 Political graves! What an insult to the democracy of Texas! There are among the 
 men whom he assailed with a bitterness of hate unprecedented and unequaled, men 
 of stainless honor and unsullied reputations ; men at whom no shaft of criticism for 
 wrongdoing or seeming betrayal of the people's trust has ever been aimed. 
 
 Let the senator beware! When he and his friends attempt to dig the political 
 graves of the men who opposed him, they will find the people of Texas on hand to 
 £11 them, and the senator himself will lie for all time in the trench that he has made. 
 
944 Senator /. IV. Bailey of Texas Unmasked 
 
 CHAPTER XLVII. 
 
 ONE HUNDRED AND FIFTY CONTEMPORANEOUS TEXAS EDITORIALS. 
 SCRIPTURES FOR THIRTIETH LEGISLATURK 
 
 K. Lamity's Harpoon. 
 
 The following scriptures are respectfully suggested as Sunday school exercises 
 for the late legislative investigation committee : 
 
 "Thou shalt not borrow." — Deut. 15-6; 28-12. 
 
 "The rich ruleth over the poor and the borrower is servant to the lender." — 
 Proverbs 22-7. 
 
 The icicked borroweth and payeth not again." — Psalms, 37-21. 
 
 Services to be closed with hymn No. 711, entitled, "Borrow From the Lord."' 
 
 WARM-BLOODED MAN CLAY PlERiCE. 
 
 A'. Lamity's Harpoon. 
 
 The Austin Statesman, a Bailey organ owned by John Henry Kirby the Lumber 
 King and Prince of Pines, says: 
 
 "Bailey's record in congress is, as we have before said, as clean as a hound's 
 tooth, and the Standard Oil octopus cannot destroy him. He will continue faithfully 
 his duty to do as in the past he has ever done it." 
 
 So far as the "cleanliness" of the record is concerned, I fully agreed with you 
 though fail to see where the comparison is any compliment to Mr. Bailey. As for 
 the Standard Oil Company "destroying Joe Bailey," such rot is enough to make the 
 aforesaid hound puke up his teeth by the mouthful. 
 
 You must take Texas people for infernal fools. The Waters-Pierce Company is 
 controlled and principally owned by the Standard Oil Company. Joe Bailey is 
 the best friend the president of the Waters-Pierce Oil, alias the Standard Oil 
 Company ever had in Texas. He was the means of it being re-admitted to Texas, 
 and giving it the oportunity of robbing Texas people out of millions of dollars. 
 
 In return the Waters-Pierce alias the Standard Oil Company, has repaid Bailey 
 by lending him thousands of dollars. The only sane reason why the Waters-Pierce 
 alias the Standard Oil Company could possibly want to "destroy Bailey" might be 
 the fear that if they remained on the present friendly terms, Joe might borrow every 
 darned cent it had in the treasury and give only his unindorsed note for security. 
 
 Such gushes of editorial oruano del torro falls as flat as a wet blanket when one 
 remembers that in his examination before the investigation committee, the P. of P. 
 said that Clay Pierce, the president of the Waters-Pierce alias Standard Oil Company 
 was the "only millionaire he knew, who had warm blood enough in his veins to 
 lend a man money and help him out when he was in a close place." 
 
 Yes, that is a commendable trait of character in Clay, to lend money to Demo- 
 cratic Senators and lumber kings when they need it. I honor him for having "warm 
 blood," and helping those who help him. Clay has the "warm blood" and also the 
 "warm money," but in securing the latter (through the political influence of Joe 
 Bailey), Mr. Pierce has certainly thrown the "warm soup" into the Democratic 
 voters of Texas when they had their faces turned in the opposite direction. 
 
 HON. JAMES CLAYTON MC NEALUS. 
 
 Dallas Times-Herald. 
 
 Hon. James Clayton McNealus, secretary of the state democratic executive com- 
 mittee, was called to Austin to give hearsay evidence, and this hearsay evidence will 
 appear in the record. Representative Cocke's liearsay evidence is ruled out. 
 Arlington Journal. 
 
 To us it looks like Chairman O'Neal of the investigating committee is about 
 as unfair a man as we ever saw presiding over a body of men. 
 
The Political Life-Story of a Fallen Idol 945 
 
 JUST NAUSEATING. 
 
 Limestone County Press. 
 
 The lot of mush, gush and fuss that the Houston Post gets off about Bailey is 
 sickening. One would suppose that Bailey was a little god if one took the Post's 
 word for it. 
 
 CONTEMPT PROCEEDINGS. 
 
 Austin Tribune. 
 
 It is alleged that Senator Bailey refused to testify if a certain attorney questioned 
 him. While contempt proceedings are in order, why doesn't tlie committee call the 
 illustrious senator to account? 
 
 SUGGESTION TO HAMILTON. 
 
 Dallas Times-Herald. 
 
 Representative Hamilton should offer a resolution and insist upon its immediate 
 passage giving Henry Clay Pierce a clean bill of health and the Standard Oil Com- 
 pany a permit to do business without fear or favor. 
 
 ANOTHER PIERCE LOAN. 
 
 Grandview Tribune. 
 
 Acording to Johnson's testimony, Pierce "loaned" Bailey $156,000 to get control 
 of the Southwestern Oil Company, the only competitor of the Waters-Pierce Oil 
 Company in Texas, and that for some time Bailey was the actual owner of the 
 Southwestern. 
 
 EXPENSE IS JUSTIFIED. 
 
 Riesel Rustler. 
 
 This Bailey investigation cost Texas thus far about $50,000, yet one can hardly 
 consider this money wasted. It has shown the people how the trusts can and do 
 use some of the officials as a cat's paw, and it may yet point out a way to stop this 
 practice. 
 
 ITS HUMOROUS SIDE. 
 
 Dallas Times-Herald. 
 
 What O'Neal says goes in the record by his order. What Cocke says is kept out 
 of the record by O'Neal's order. And Representative O'Neal is a just, impartial and 
 merciful judge. A democratic court of inquiry has its humorous side. 
 
 TALKING ABOUT GALL. 
 
 Colorado Citizen. 
 
 The Houston Post has a scare head lines "Enmity to Bailey Cost State Money — 
 Expenditure for Investigation Will Cost Fifty Thousand Dollars Within a Week." 
 Great Scott! Isn't that cheek for you? Supposing it had been anybody almost in 
 the state excepting Bailey, what would it cost? [The cost was really only about 
 $10,000, including printing 5,000 copies of testimony.] 
 
 WHEN TRUTH IS EXPECTED. 
 
 Grandview Tribune. 
 
 According to the testimony of J. D. Johnson, general attorney for the Waters 
 Pierce Oil Company, Senator Bailey is as spotless as an angel. The testimony of 
 Mr. Johnson is only what was expected from that source. It is only when rascals 
 fall out that the truth is brought to light. 
 
 PROVING THE CHARGES. 
 
 Grandview Tribune. 
 
 Not a single serious charge against Senator Bailey has yet been disproved. All 
 the documents in the hands of the Attorney General declared forgeries by Senator 
 Bailey have been declared genuine by both Johnson and Auditor Naudain. 
 
 PIERCE EXONERATED. 
 
 Colorado Citizen. 
 
 At last they have proven that H. Clay Pierce didn't lie at all about that reor- 
 ganization matter; tlie lawyers are to blame for the matter; they wrote out the paper 
 
946 Senator J. W. Bailey of Texas Unmasked 
 
 and got him to sign it in the course of business. What! H. Clay Pierce perjure him- 
 self? No, siree! not he! He's "as mild a mannered man as ever scuttled ship or cut 
 a throat." 
 
 INVESTIGATION METHODS. 
 
 Bellville Times. 
 
 If the Bailey investigating committee at Austin goes much further m the matter 
 of prodding newspaper men, who are indulging in the legitimate criticism of their 
 methods, in addition to the fact that they have already become famous it would not 
 be a far cry to the addition of a prefix to the word famous as applied to them. 
 
 VERY LITTLE THAT IS CREDITABLE. 
 
 Weimar Mercury. 
 
 The Bailey investigation is still in progress at Austin. Very few thmgs credit- 
 able to the senator have been elicited, while on the other hand several facts brought 
 to light are anything but a credit to a man occupying the responsible position he does. 
 However, as the committee stands four to three in his favor, nothing but a "white- 
 wash" is anticipated. 
 
 A SYNDICATE BY HIMSELF. 
 
 Smithville Times. 
 
 Bailey is the biggest kind of a syndicate all by himself. According to the testi- 
 mony before the investigating committee, Bailey buys and sells, among other things 
 ranches, bulls, race horses, blue grass farms, newspaper stock, political influence, 
 legal ability, country legislators, oil stocks, oil lands, timber lands, railroads, coal 
 mines, etc. 
 
 NAILING A POST LIE. 
 
 Wilson County Journal. 
 
 An Austin special in the Post, February 4th, said: "Inquiry today showed that 
 the investigation has already cost the state in round numbers, $40,000, and it is very 
 probable that before it has ended the total expenditure will represent $50,000. 
 All this amount, principally, to gratify the spleen of a few personal and embittered 
 enemies of the man from Gainesville." 
 
 To gratify spleen, etc., sounds well, but it is not true. The investigation was 
 undertaken to prevent the re-election of Bailey to the United States senate because 
 he was believed to be corrupt, because he is believed to belong to the trusts, oil 
 and lumber, and while it can not now be proven, it is believed to be true by many 
 of the best men in the state. The testimony shows that Bailey was poor only a few 
 years ago and now is rich. He could not have grown rich on his law practice in a 
 few years, because he is not an extraordinary lawyer in any respect. 
 
 bailey's NEWSPAPER STOCK. 
 
 Rogers News. 
 
 Before the Bailey investigating committee last week, Editor Clarence Ousley of 
 the Fort Worth Record admitted under oath that Senator Bailey owns $10,000 stock 
 in the Record. Ousley also admitted that Editor Johnson of the Houston Post owns 
 stock in the Record. No wonder the Record and the Post have excluded from their 
 columns practically everything except fulsome praise of Senator Bailey, the Record's 
 big stockholder. 
 
 bailey's WITNESSES. 
 
 Arlington Journal. 
 
 Bailey's friends have tried to claim much for him, because of Gruet's manifest 
 infamy; but Gruet is no worse than Bailey's two main witnesses, Johnson and Pierce. 
 Texas has a bill against "My dear Pierce" for perjury, and he doesn't dare to come 
 to Texas at all. Gruet beat that a little. If Bailey could get his dear Pierce down 
 here he could doubtless prove most any old thing by him. 
 
 ONLY GOOD TRUSTS HERE. 
 
 Dallas Times-Herald. 
 
 Read Attorney General Davidson's message to the legislature of the state. 
 They ask for information concerning trusts, foreign and domestic, and the man from 
 
The Political Life-Story of a Pallcn Idol 947 
 
 Galveston Island gave them more than they anticipated. Now the "organs" will 
 pound the attorney general, distort facts, make light of his report and grind and 
 grind and grind. All the bad trusts are in republican states; all the good trusts are 
 in democratic states. Why are they good trusts? Because democratic politicians 
 get rich pickings. 
 
 JUST BAILEY CRAZY. 
 
 Palestine Herald. 
 
 Either the Houston Post correspondent reporting the Bailey investigation at 
 Austin is as blind as a bat, or else the Galveston News and other correspondents are 
 seeing visions. The dramatic incident of Tuesday, wherein Bailey got excited and 
 said somebody had lied, the Post made Bailey the whole show while the other papers 
 say Witness Mentz did not show the white feather. The Post is simply Bailey crazy, 
 and cannot write it except from a Bailey standpoint. 
 
 HOW WAS THE MONEY SPENT. 
 
 Williamson County Sun. 
 
 CuUen Thomas in his testimony before the Bailey investigation committee said 
 that at one of the conferences in Waco, Mr. Johnson, general attorney for the Waters- 
 Pierce Oil Company, stated that it had cost the company $60,000 to reorganize. 
 Senator Bailey in some of his speeches has stated nearly the same thing — that it cost 
 the company $50,000 to $75,000 to effect a reorganization. As about the only thing 
 done was the obtaining of new charters in Missouri and Texas and as the fees 
 should scarcely have exceeded $1000 in both states, the question naturally arises, how 
 was the money spent ? 
 
 "liar" and "lobbyist." 
 Dallas Time- He raid. 
 
 Senator Bailey denounced a man in the committee room as a liar. Nothing was 
 said by any member of the committee regarding the incident. Mr. Cocke merely 
 asked if a certain gentleman had not been a lobbyist, and Chairman O'Neal, for this 
 grave offense, threatened to exclude the Bexar County man from the committee 
 room. In the judgment of the chairman, the awful word "lobbyist" has the modest 
 term "liar" skinned a city block when it comes to being objectionable to refined ears. 
 Again, it is in order to remark that fairness is so thick around that investigation that it 
 can easily be sliced with a knife. 
 
 about TEXAS trusts. 
 
 Dallas Times-Herald. 
 
 Attorney General Davidson has placed his report on foreign and domestic trusts 
 in the hands of the legislators. The showing is something awful — from the viewpoint 
 of democratic platform makers. But isn't Attorney General Davidson mistaken? 
 Hon. Joseph D. Sayers said there were no trusts in Texas. Hon. S. T. W. Lanham 
 said there were no trusts and the genial Clark K. Bell made the same declaration. 
 How could there be trusts, criminal trusts, in Texas when the state has been domi- 
 nated by democratic trustbusters, vociferous and violent trustbusters, since Charles A. 
 Culberson retired from the office of governor? Why, it's absurd. 
 
 counting THE COST. 
 
 Texas Farmer. 
 
 Bailey called an old man named Mentz, while on the witness stand, a liar. 
 They rushed at each other; but their desperation was checked by the crowd. It is 
 always fortunate when desperate men try to "chaw up" each other in the midst of 
 a big crowd sure to keep them apart. It always saves shedding a blue ba-lud. 
 
 The investigating committee ought to get up an itemized account of the expenses 
 of both the Bailey investigations — that by the Twenty-seventh and this by the Thir- 
 tieth legislatures. The last has been much more expensive than the rest. In the way 
 of mathematical progression, the estimate will enable the people to calculate what the 
 next Bailey investigation will cost. 
 
 11-29 
 
948 Senator J. W. Bailey of Texas Unmasked 
 
 AN UNEXPECTED INQUISITION. 
 
 Williamson County Sun. 
 
 Greatly to his surprise, the editor of the Sun was served with a subpoena last 
 Saturday to appear before the Bailey investigating committee at Austin, and accord- 
 ingly he went there Monday and submitted himself to their queries. Then he learned 
 for the first that he was to be questioned concerning an article that appeared in last 
 week's paper under the caption of "That Bribery Charge." Had this occurred 
 in Russia or Germany, under their rigid press censorship, there might not have 
 been need for wonder, but in free, democratic Texas, it was astonishing. That an 
 editor should be called to the bar for expressing an opinion on a matter of current 
 public interest is almost incredible and it is unprecedented in Texas history. 
 
 THAT HEARST SPECIAL. 
 
 Williamson County Sun. 
 
 In the address to the people of Texas signed by John M. Duncan, as chairman 
 and W. A. Cocke as secretary of the pro-investigative caucus, and issued just before 
 the election of Senator Bailey by the legislature, the following statement was made: 
 "There is no people's lobby here and great pressure is being brought to bear upon 
 hesitating members. In our judgment it would be a crime against democracy and 
 against Texas to force the election of a United States senator now. A majority of 
 the legislature undoubtedly shares this opinion. It is, however, being hard pressed 
 by outside forces." 
 
 What is this but the expression in milder language of the charge made by the 
 Hearst newspaper correspondent about which so much fuss has been made? And 
 yet no open umbrage was taken at what Duncan and his colleagues said. Why not? 
 
 A DANGEROUS PRECEDENT. 
 
 Hamilton Rustler. 
 
 Senator Bailey has been returned to the United States senate for another term 
 of six years, and the legislative investigation of the charges against him is about to go 
 to the bad, but with all that the senator has not removed from the minds of thousands 
 of the people of Texas the conviction that he has been acting as agent for some of the 
 most merciless, the most treacherous trusts and his re-election does not remove it. 
 The fact that he and his friends have so bitterly fought a fair and honest investigation 
 is proof to most men that he is guilty of a great wrong. His example is the most 
 dangerous precedent that any senator from the South ever set his people, and the evil 
 that will come from it will overbalance all the good that he has done or may do. 
 Never again will he have the confidence of his people as he once had it; never again 
 will he wield the influence he has wielded. 
 
 THE BEAUMONT "INSURRECTION." 
 
 Beaumont Journal. 
 
 Majority members of the Bailey investigation committee are having plenty of 
 trouble with the independent newspapers of the state. Chairman O'Neal has suc- 
 ceeded in intimidating witnesses and suppressing evidence, and the fact that he is 
 powerless to suppress a free press seems to fracture his dignity. Chairman O'Neal 
 has much to learn, and there is a possibility that some of the lessons taught him in 
 the future will be strenuously bitter." 
 
 Rogers News. 
 
 The Bailey organs denounce Gruet as a perjurer, yet they are silent about 
 Johnson who prepared a false affidavit and Pierce who swore to it. 
 
 CAMPAIGN INTRODUCTIONS. 
 
 Palestine Herald. 
 
 New liars are being issued every day at Austin. The Bailey investigation 
 committee has done one thing, if nothing more. It has introduced us to some of the 
 best all-around liars on earth. 
 
TJw Political Life-Story of a Fallen Idol 949 
 
 SHOULD MODIFY HIS ORGANS. 
 
 Rogers News. 
 
 Does Mr. Bailey since learning the true relationship of the Waters-Pierce 
 Oil Company and the Standard Oil trust, favor driving the former from the state? 
 If so, he should make known his desire at once so that the Houston Post and other 
 organs may rest from their heroic efforts in sounding the praises of "Mr." Pierce. 
 
 THAT DRAFT AGAIN. 
 
 Wilson County Journal. 
 
 Bailey declared in every speech before his election that he had never drawn a 
 draft for $1500 on Pierce, that if such a draft was in existence it was a forgery. 
 But Governor Francis tells about the $1500 draft. Bailey drew on Pierce and Pierce 
 paid it and Francis paid it back to Pierce with interest for Bailey. 
 
 FRANCIS KNEW IT. 
 
 Wilson County Journal. 
 
 Ex-Governor Francis of Missouri, introduced Bailey to Pierce and recommended 
 him as a good lawyer. He knew more about Bailey than the people of Texas knew 
 if he could say he is a good lawyer. He never made a living at it before he went 
 to Congress. By the practice of influence and perhaps a smattering of law, the junior 
 senator has accumulated a fortune in a few years. 
 
 PRAISE FOR THE PROSECUTOR. 
 
 Weimar Mercury. 
 
 The Baileyites seem to get a lot of fun out of Representative Cocke's cognomen. 
 He's game all right without a white feather — Eagle Lake Headlight. 
 
 That's no joke. Brother McCarty. And we believe Mr. Cocke is thoroughly 
 conscientious in his disagreeable duty. We need more men like Cocke in the Texas 
 Legislature — men who are honest and sincere, and who can not be swerved from do- 
 ing what they conscientiously believe to be right. The Mercury has a great and 
 sincere admiration for Representative W. A. Cocke. 
 
 FIND THE ANSWER. 
 
 Garland News. 
 
 H. Clay Pierce swore a lie; J. P. Gruet swore a lie. One is no meaner than the 
 other, yet some people bemean Gruet and laud Pierce. Be fair, dear people. — Italy 
 News-Herald. 
 
 And for six peaceful years our junior senator did not deem it necessary to inform 
 his constituents that he was borrowing ( ?) large sums of money from one of these 
 perjurers. Which is the blackest lambkin? 
 
 (The officers of the Waters-Pierce Oil Company swore that the Bailey loans 
 were charged to profit and loss on the books of the company. They corroborated the 
 Gruets in this particular.) 
 
 IF NOT TRUE, THEN WHAT IS TRUEf " 
 
 Waco Tribune. 
 
 Weeks, and even months ago, Senator Bailey, when the $1,500 sight draft 
 (Henry & Stribling) was mentioned would wax indignant and specific. At sundry 
 times, at sundry places, verbally and in print, he declared that such a thing could 
 not exist, save as a forgery; that if it could be proven that such a draft existed and 
 that he knew of, handled or had anything to do with it he would resign from the 
 senate. 
 
 Has not the testimony of the officials of the Waters-Pierce Company, of Attor- 
 ney John D. Johnson and finally of Hon. David R. Francis established beyond 
 doubt or question by anybody that such a draft did exist, and that Senator Bailey 
 did know of its existence and handled the money? And if so, what of Senator 
 Bailey's avowals when he was denouncing the story that such a draft existed — his 
 pledge to resign ? 
 
 The Tribune wants and proposes to be fair and just, but this is a grave matter. 
 
950 Senator J. W. Bailey of Texas Unmasked 
 
 If the Tribune is mistaken or has in any respect mis-stated the matter it is open to 
 correction. Let Senator Bailey or some of his champions state the truth. 
 
 HOW IT LOOKS IN AUSTIN. 
 
 Austin Tribune. 
 
 It is very amusing to read that Chairman O'Neal threatens to punish any one in 
 contempt of his whitewashing aggregation. The so-called "investigating committee" 
 is a farce of the rankest kind, and Chairman O'Neal is helping it along to the best 
 of his ability. To treat all alike, get to the bottom of Bailey's oily manipulations, and 
 that without regard to what effect it might have on Bailey's future, is the right thing 
 to do. Due care is taken by Mr. O'Neal and his assistants to object to a great deal 
 of the testimony upon the ground that it is hearsay, just because the very nature of 
 it tends to show guilt on Bailey's part. Then with smiles they receive any kind of 
 hearsay in Bailey's behalf, and that without even the slightest objection. If the 
 committee has adopted the rule to allow no hearsay, then invoke it on both sides, or 
 quit trying to pose as being fair. The people are on to the whitewashing game and 
 cannot be fooled. 
 
 LOCATING THE BLAME. 
 
 Austin Tribune. 
 
 Bailey says he is surprised that a Hearst newspaper reporter was entertained in the 
 homes of Austin. Hearst has never published a lie on Bailey. Yet Bailey is trying 
 to prejudice the people against Hearst. The facts before the committee show that 
 Hearst did not have a single thing to do with Bailey meeting Pierce and becoming 
 the attorney for the Waters-Pierce Oil Company. Hearst had nothing to do with 
 Bailey borrowing $156,000 from Pierce to buy the Southwestern Oil Company a 
 competitor of the Waters-Pierce Oil Company. Hearst had nothing to do with 
 Bailey getting from Bayne the $5,000 for writing a charter for a branch of the Stand- 
 ard Oil Company. Hearst had nothing to do with the Standard Oil attorneys pay- 
 ing Bailey $2,500 to give his opinion as to the right of the Standard to do business 
 in Texas. Hearst had nothing to do with Bailey's being seen on several occasions 
 around 26 Broadway, New York, the notorious headquarters of the Standard Oil. 
 Hearst had nothing to do with the John W. Gates $28,000 loan. With all this plain, 
 Bailey has the gall to try to impose upon the intelligence of Texas by saying that 
 Hearst caused it all. You cannot do it, Bailey. The people are on to your game. 
 Your henchmen, lackeys and organs are the only ones that will give such silly 
 answers to the charges that have been made against you. 
 
 THAT BLACKMAIL CHARGE. 
 
 Austin Tribune. 
 
 Bailey, in his public speeches, said that Gruet had gotten Flateau to write a 
 letter to him demanding $28,000 hush money. When young Gruet was on the stand, 
 Baile_y had Odell to ask if the demand for $28,000 had been made in the Flateau 
 letter. At this juncture the young man asked for the letter. General Crane asked 
 for it, Cocke asked for it several times. Finally Bailey reported it lost. Flateau 
 produces the letter and nowhere is it shown that there was a demand for $28,000. 
 
 Austin Tribune. 
 
 Bailey and his gang of bootlicking henchmen came to Austin fighting to keep 
 down an investigation, and in the event it was forced, to have it of the whitewash 
 variety, and in no event allowed it go beyond the limits of Texas. The alleged acts 
 were committed out of the state — why not an outside investigation? 
 
 Bellville Times. 
 
 Good morning, Anti-Baileyites! Are you now ready for your salt-water bath, 
 or do you prefer hot oil ? The swashbuckler is in the saddle. 
 
 A LOSS OF CONFIDENCE. 
 
 K. Lamity's Harpoon. 
 
 Joe Bailey lambasted, slandered and maliciously maligned every man in Texas 
 who refused to fall down and worship at his coal oil shrine. He threatened and 
 
The Political Life-Story of a Fallen Idol 951 
 
 bulldozed quite a number of politicians into silence or subjection, and they shut up. 
 There are at least a few men in Texas who do not give a whoop in hades whether 
 Joe Bailey likes them or not. He no doubt feels keenly his lost prestige, but he alone 
 is to blame. Rest assured he will never get back the following he once had, no matter 
 if the whitewash is spread on till it looks like plaster. He has branded as thieves and 
 liars every man in Texas who differs with him on the propriety of a public official 
 such as United States senators receiving fees, gifts or loans from public corporations. 
 I trust Mr. Bailey will finally get it through his head that what he says about 
 a man in Texas cuts very little ice. People have not that abiding and childlike faith 
 in Joseph's veracity they formerly had. He has mixed his cases and his ranting and 
 threatening sounds exceedingly silly and foolish. You may break, you may shatter 
 the vase if you will, but scent of the coal will hang round it still. 
 
 IS GRIEVOUSLY WRONG. 
 
 Waco Times-Herald. 
 
 * * * In invoking the spirit of hate and retaliation on men who simply felt 
 constrained to stand for what they consider the honor of the commonwealth, Mr. 
 Bailey is fitting himself to that saying of the ancients, "Whom the gods would iles- 
 troy, they first make mad." He is at variance with all that is best in our civilization. 
 
 Mr. Bailey is wrong — radically and fundamentally wrong; he will either have 
 to reverse himself or come to an untimely end, politically speaking. 
 
 SPIRIT OF THANKFULNESS. 
 
 Bell County Democrat. 
 
 Senator Bailey delivered another one of his highly elevating speeches to the 
 legislature last week. The only mystery of it is that some honest Texan didn't beat 
 the egotism out of him before he left the state. It has come to a pretty mess when a 
 conceited, bigoted egotist can get up and abuse men like he does and no one resent it 
 at the time. If his style and manner of speech is what it takes to make a good demo- 
 crat, thank God we have no more of them than we have. 
 
 POLITICAL REMUNERATION. 
 
 Denton Record and Chronicle. 
 
 Judge Poindexter, the senate lawyer in the Bailey investigation, got $i,ooo for 
 his services. The judge does not appear to be so well paid as some of the others. 
 D. W. Odell gets a seat in Congress, T. N. Jones will get governorship four years 
 hence, Tom Love will be attorney general, while the minor offices for remuneration 
 do not appear yet to have been apportioned. 
 
 Galveston News. 
 
 Texas is not the only state to which Senator Spooner's resignation is a lesson in 
 political ethics. Rather than practice law for the "interests" while holding a brief 
 for the people, the Wisconsin senator preferred to lay down the people's commission, 
 with its concomitant honors, and accept legitimate employment, to practice his pro- 
 fession honorably, and to earn creditably the money which he feels it incumbent upon 
 him to provide for the comfort of his family and his own easement in his old age. 
 It is regrettable that the nation is to be deprived of the services of Senator Spooner, 
 but it is undeniable that the duties to one's family are not less obligatory than duties 
 to one's country. Senator Spooner retires with the consciousness that as a servant of 
 the public he is not classed at present, nor will he be classed in the future, with those 
 who have not the higher and better view touching a career of political usefulness 
 disassociated with personal aggrandizement. 
 
 Brownwood Bulletin. 
 
 Senator Bailey got to the United States senate just in time to be present at the 
 adjournment of that body. The "peepel" will hardly get a run for their money 
 which will be paid Senator Bailey for his services as United States senator during 
 the past four months. 
 
952 Senator J. W. Bailey of Texas Unmasked 
 
 THE GREAT UNTERRIFIED. 
 
 Bell County Democrat. 
 
 Joe Bailey will find out that there are thousands of democrats in the state that 
 don't wear his earmarks and haven't his road brand on their sides. He can crack 
 his whip and do all the bulldozing he wants to, but when the proper time comes 
 the people will do a plenty. 
 
 A SECOND FLIM-FLAM. 
 
 Brownwood News. 
 
 The Texas legislature has exonerated Senator Bailey and he will go to the 
 United States senate with papers to that effect on his inside pocket and take his oath 
 of office March 4th. This is the second time the senator has flim-flammed a majority 
 of the members of the Texas legislature. 
 
 "the war is on." 
 
 Williamson County Sun. 
 
 Senator Bailey, in his speech before the Texas house of representatives, threw 
 down the gauntlet to those who do not believe in his immaculate purity by declaring 
 war on them, from lieutenant governor down — to constable, we presume. Next year, 
 he says, none of them will be allowed to go as delegates to conventions, and none of 
 them shall be elected to ofliice. 
 
 Well, the Sun for one picks up the gauntlet, accepts the challenge and cheerfully 
 enrolls itself in the anti-Bailey army. When the fight comes on it will be found 
 on the front firing line, and it will not be the first to ask for an armistice. The Fort 
 Worth Record and the Houston Post — practically one and the same thing — say "the 
 war is on" and so it is, and it will not cease until a legislature is elected thalt 
 will ask J. W. Bailey to resign the seat in the United States senate Into which he was 
 railroaded over the protests of the best and truest democrats in Texas. 
 
 WHAT THE EVIDENCE SHOWED. 
 
 Williamson County Sun. 
 
 Senator Bailey and his friends say the legislature exonerated him from the Cocke 
 charges and gave him a clean bill of health morally and politically. Is that true? 
 Nominally, yes. Really, no. * * * Is not what has already been disclosed suffi- 
 cient to justify Mr. Cocke in saying, "The half has not been told?" Mr. Bailey has 
 himself invited a continuance of the fight, and he will surely be gratified. 
 
 THANKS, DUNCAN AND COCKE. 
 
 Waco Tribune: 
 
 One word more, to Judge Duncan, Cocke and those who strove for what they 
 believed the true and best interests of Texas. Defeat has come to you for the time, 
 but what of that ? Where Conscience approves no man need regret his efforts. There 
 are people in Texas who appreciate the spirit and purpose of your course. Make no 
 doubt of that, or that time brings vindication. Warren Hastings and his defense 
 are but vague memories but today, after the lapse of far more than a century, Ed- 
 mund Burke's great appeal and arraignment lives as a classic, an enduring force, in 
 the language of the people for whom you stood up and made endeavor. 
 
 AS TO JUDGE DUNCAN. 
 
 Palestine Herald. 
 
 The Houston Post is much displeased with Judge John M. Duncan. And it is 
 too bad. If the Post knew Duncan better, and thought less of some other things 
 and people, it would love Duncan more. The Herald knows the "elder statesman" 
 right well, as a neighbor and fellow townsman, and it knows there is no better purer- 
 hearted, truer man in Texas. And as for his ability, he stands second to no man in 
 the point of ability and fearlessness in discharging his duty. If you want to know 
 about Duncan, ask his home people, those of them who are worthy to give testimony. 
 
The Political Life-Story of a Fallen Idol 953 
 
 DIFFERENCE BETWEEN BAILEY AND SPOONER. 
 
 Dallas Times Herald. 
 
 John C. Spooner is admittedly one of the able lawyxrs of the United States 
 senate, an orator second to none, and the leader of the republican majority in the 
 senate. He has served his people as a senator sixteen years at a great personal sacrifice. 
 He is not a wealthy man, and he retires of his own accord to practice law and build 
 up his shattered fortune. 
 
 "On March 2nd I shall have served in all sixteen years as a Senator. This is a 
 long time for one, neither willing nor financially able permanently to abandon it, to 
 take from his profession. It has been taken from mine, for I have not thought it 
 compatible with the full and uninterrupted discharge of public duty to pursue it, and 
 I have therefore during my service with two or three trifling exceptions, purely local, 
 absolutely abstained therefrom." 
 
 Comment is unnecessary. As a senator John C. Spooner has served the people 
 of Wisconsin. As a lawyer he will serve his clients now that he has surrendered 
 his credentials to the legislature of Wisconsin and retires from the service of his state. 
 
 Beeville Bee. 
 
 Senator Spooner of Wisconsin has resigned because he cannot attend to his 
 duties in the senate and practice law as well. He should have stepped across the aisle 
 and asked Bailey about it, and probably he would have found out how easy it is to 
 represent opposing clients in the same cause. 
 
 AND BAILEY CAN't HELP IT. 
 
 Dallas Times-Herald. 
 
 Senator Bailey fought the Panama canal. Uncle Sam is building the canal. 
 Senator Bailey is opposed to Trinity navigation, and the Trinity will be improved 
 just the same. The navigable rivers of Texas will be cared for by the broad states- 
 men of the United States, and the gulf ports of Texas will be cared for by Uncle 
 Sam. Mark the prediction. 
 
 THE QUAY RULE IN TEXAS. 
 
 Temple Tribune. 
 
 And so Mr. Bailey proposes to become the Quay of Texas! This is the sub- 
 stance of his remarkable declaration before the legislature on last Wednesday night. 
 It is his announced purpose to consign to political oblivion those who have opposed 
 him and to exalt those who have supported him. This includes the present entire 
 corps of state officials with the exception of one or two, especially mentioned by Mr. 
 Bailey. In other words, he will dictate to the people whom they shall elect. 
 
 BAILEY AND SPOONER. 
 
 Cuero Star. 
 
 Senator Spooner refused a retainer fee of $80,000 to conduct a suit for a big 
 corporation, and retires from the senate at the age of 64 much poorer than when he 
 entered that body sixteen years ago. Senator Bailey entered the senate six years ago, 
 a poor man and heavily in debt. He is now well off, and his wealth comes from 
 the big corporations he has represented in their fight against the people. 
 
 BOMBASTEO FURIOSO BAILEY, BY H. E. P. 
 
 The Houston Chronicle, 7-9-07. 
 
 "There be :j4 Richmonds in the field who voted against me, and there's David- 
 son, too, and I'll knock the stuffing out of them and hang them in my 'rogues' gallery 
 alongside my own picture, making 55, or I'm a goat. 
 
 "Many a time and oft on the Rialto (at 26 Broadway) I have cursed them, and 
 in accents loud and fierce have told them they were perjured scoundrels for deceiv- 
 ing me, and still the mangy curs tvould force their filthy ducats on me. Have told 
 them I would make them pay dearly for their baseness — and they have, but not enough 
 yet. I am not half done with them." 
 
954 Senator J. W. Bailey of Texas Unmasked 
 
 TO THE SOLDIERS. 
 
 "Once more unto the breach, dear friends, once more. 
 
 "When I sound the blast of war in your ears, then imitate me; stiffen your 
 sinews; summon up your blood; lend your eye a terrible aspect; set your teeth; 
 stretch your nostrils wide; hold hard your breath; teach them how to war and vote 
 against Bailey, while I step over to 26 Broadway and see about your pay. It has 
 never cost me a cent to get elected United States senator (Standard Oil elects all its 
 senators without expense to them, and they will do as much for you for the ofBce 
 they need you in, and to keep those 'rogues' out). 
 
 "Now I see you stand like jack rabbits in the slips, straining upon the start, with 
 your three game legs all a-stiff. 
 
 "The game's afoot; follow your spirit and upon this charge cry 'Hurrah for 
 Bailey, Graft and Standard Oil! And damn the rest,' and I will see that you get 
 your pay every Saturday night." 
 
 Wilson County Journal. 
 
 Everjbody is getting tired of the Bailey business. There is no prospect of it 
 being through with while he is U. S. Senator from Texas. 
 
 Cocke continues the cock of the chapparal. He refuses to be frozen, fricassed 
 or frightened. — Dallas Times-Herald. 
 
 The Dallas paper has Mr. Cocke about sized up. With a hostile committee, 
 with unwilling witnesses, without counsel and facing everj' possible drawback and 
 obstacle, he has conducted the Bailey investigation with ability and dignity. — San 
 Antonio Gazette. 
 
 Texas Farmer. 
 
 When these disclosures were made the people of Texas were simply stunned. 
 He had been nominated for United States Senator. No one in voting for him 
 dreamed of his connection with Mr. Pierce in any such transaction. 
 
 When the people began to stir Bailey began to curse. He refused to go again 
 before the people for nomination. 
 
 Chillicothe Independent, 
 
 "There's bound to be fire Wiiere there is so much smoke," is an old saying that 
 seems to aptly illustrate the Bailey controversy. We have been a great admirer 
 of Senator Bailey, but with the light before us we are conscientious in the belief 
 that his usefulness as a public servant is greatly impaired and by his own admissions 
 to some of the charges he should be replaced in the Senate by another of the many 
 gifted sons of Texas. 
 
 Boyd Index. 
 
 If Senator Bailey had in the beginning told the people of Texas the whole truth 
 about his connection with Pierce, had unbent his ambitious pride enough to say: "I 
 did thus and so with no thought of wrongdoing, but will do so no more if you think 
 it unbecoming or unwise," no man in the State of Texas could have injured him with 
 the people. Instead of this, however, we are presented with the spectacle of our 
 Senator saying in substance: "I helped Waters-Pierce Oil Company back into the 
 State, borrowed money from H. Clay Pierce, will do it again; there will be no legis- 
 lative investigation, and what are you going to do about it?" This is not the proper 
 attitude for a public servant to assume. 
 
 Terrell Transcript. 
 
 Every day the friends of Senator Bailey devote to filibustering in order to pre- 
 vent the investigation of his official conduct, just that much more do they impress 
 the average mind that there is urgent need of such investigation. The faithful public 
 servant courts, rather than obstructs, the closest scrutiny of his official acts. 
 
 Breckenridge Democrat. 
 
 Bailey claims that 98 per cent of the preachers are for him. The assertion 
 won't hold good as to this community, as four out of the five preachers are out-spoken 
 
The Political Life-Story of a Fallen Idol 955 
 
 against him. The fifth one has not jet been interviewed, and we do not know where 
 he stands. Of those who are against him two are Christian, one Baptist and one 
 Methodist. 
 
 Weimer Mercury-. 
 
 If Mr. Bailey is guilty of no breach of trust, then we fail to see where an inves- 
 tigation of his conduct by the Legislature can hurt him. He certainly does not wish 
 to remain under a cloud of suspicion. A full and impartial investigation ought to 
 be courted by him and his friends. 
 
 Collingsworth Courier. 
 
 Even if Race Horse Joe is returned to the Senate the opposition will have the 
 satisfaction of knowing that he got a run for his borrowed ( ?) money. 
 San Antonio Express. 
 
 Mr. Bailey has expressed his views as to an investigation. The Legislature will 
 determine whether they agree with the Senator. 
 
 Alto Herald. 
 
 Shall the Legislature investigate? Bailey says no; the people say yes. Which 
 is the greater — Bailey or the people? 
 
 Cherokee Banner. 
 
 Bailey seems to be opposed to a legislative investigation. We don't blame him. 
 Corpus Christi Crony. 
 
 Charges have been made against Senator Bailey by one of the highest officials in 
 the State of Texas, who claims that at a proper trial he is prepared to substantiate 
 these charges. It makes no difference whether the Legislature is for or against Mr. 
 Bailey, it should investigate the charges without regard to fear or favor. The masses 
 of the people throughout Texas who compose the rank and file of the Democratic 
 party are determined that this question shall be settled by an official investigation, 
 and if it is not done by the present Legislature it will be looked after later. 
 People's Review. 
 
 Bailey and his organs have all along strenuously fought a resubmission of the 
 Bailey matter to the people, and are now fighting against the proposed legislative 
 investigation. To yours truly this looks just like bolstering a rotten position with 
 suppression and prejudice. If Bailey were the right sort of man, if he were senatorial 
 timber really by any right of mental caliber and common honesty, he would demand 
 investigation. 
 
 Young Count}' News. 
 
 In Bailey's speech at this place he abused the Galveston-Dallas News as usual. 
 But we don't think Joe makes many friends by cursing the papers and the people. 
 
 AN ISSUE INVOLVING THE LIBERTY OF THE PEOPLE. 
 
 The Galveston News: Jan. 2, 1907. 
 
 Those who fancy that the vital issue now disturbing the minds of Texas is going 
 to be settled by the ordinary campaign "playing," by a "boost" for Senator Bailey 
 in one locality, or by even the Legislature itself, having evidently not been able thus 
 far to comprehend the true meaning of the startling disclosures and exposures that 
 have been made or to reach, even in imagination, either top, side or bottom of the 
 vast and dark chasm which now yawns before us. 
 
 Nacogdoches Sentinel. 
 
 One thing politicians will learn in the Bailey matter, and that is that honesty 
 is as essential to the politician as it is to any other business. 
 
 JUST CHRONOLOGICAL. 
 
 Austin Tribune. 
 
 Senator Bailey leaves his home at Gainesville for Washington April 25, 1900; 
 the 25th day of April, 1900, he gets a loan of $3,300 from Pierce. He does not go 
 
956 Senator J. W. Bailey of Texas Unmasked 
 
 on to Washington, but shows up in Texas at the very places where the Waters-Pierce 
 was having trouble. 
 
 bailey's optimism. 
 Fort Worth Telegram. 
 
 Senator Joseph Weldon Bailey denies that he said in St. Louis that he could 
 dispose of Attorney General Davidson in two days after reaching Austin, and it is 
 well. The majority of the people have strongly believed he was entirely too optimistic. 
 
 TROUBLE SOMEWHERE. 
 
 Sherman Express. 
 
 By the time the legislature convenes there will be strenuous times down at Austin. 
 Bailey's enemies expect to make trouble. It's in the air. — Sherman Daily Democrat. 
 
 It's in the air now, but it will soon be in the hair. 
 
 DID IT FOR A LOAN. 
 
 Austin Tribune. 
 
 Senator Bailey says that when Pierce told him he wanted to pay, he replied that 
 he would not accept a fee for such work, but that he would, if Pierce did not object, 
 accept a loan — this loan was then made. Five days later Bailey was in Austin mak- 
 ing intercession in behalf of the convicted Waters-Pierce Company, of which Pierce 
 was president. 
 
 REPUDIATE LEGISLATORS. 
 
 Grandview Tribune. 
 
 In the face of late revelations made by the attorney general of Texas, wherein 
 it is charged that the oil trusts have paid Senator Bailey more than $17,000 during 
 the past few years, in connection with the readmission of the Waters-Pierce Oil 
 Company, in this state, unless disproved, every member of the legislature who votes 
 for his re-election should, and will be, repudiated by the people and defeated when- 
 ever they offer for office again. While every loyal democrat of Texas views with 
 regret that a senator from this great state should lose the esteem in which he has been 
 held and prove unworthy of the high honors he has borne, no exception can be made. 
 
 ONLY THE BLIND. 
 
 Grandview Tribune. 
 
 No one but a blind partisan of Senator Bailey will deny that there is grave im- 
 propriety in United States senators accepting fees from the Standard Oil trust. 
 
 PEOPLE GIVEN A DOUBLE DEAL. 
 
 Cuero Star. 
 
 Is there now any tenable reason why the people of Texas should not rise up 
 and demand the retirement of Senator Bailey upon the expiration of his present term. 
 He has just said all over Texas that he got no Waters-Pierce money in the reinstate- 
 ment assistance he gave the oil trust, the attorney general shows us very conclusively 
 that he did. Mr. Bailey has clearly given his people a double deal and should cer- 
 tainly walk the plank. Texas is entitled to senators who are above suspicion and 
 who don't have to be watched. She always had them until we tied onto the spectacu- 
 lar Mr. Bailey. 
 
 RESPONSIBLE FOR HIS OWN DESTRUCTION. 
 
 Palestine Herald. 
 
 After a devious route, and numerous delays, Senator Bailey reached Austin at 
 4 p. m. yesterday. The explosion his friends expected would follow has not hap- 
 pened yet. 
 
 Bailey spent several hours at St. Louis; missed his train, he said. Then his 
 route carried him by Dallas and Fort Worth, and to his old home at Gainesville. 
 When he landed at Austin he had a few of the faithful with him — notably R. M. 
 Johnson of the Houston Post, Clarence Ousley of the Fort Worth Record, the 
 Post's North Texas cousin, and Colonel Jot Gunter. 
 
The Political Life-Story of a Fallen Idol 957 
 
 Imnnediately on arrival the senator and his friends went into close conference 
 at a hotel. Just what Bailey's defense will be is not known. Doubtless he wished 
 his friends to help him make up his mind. 
 
 Bailey acts very much like a man who realizes he is in a very close place. 
 
 WHERE THE BUG IS LOCATED. 
 
 Fort Worth Telegram. 
 
 The frantic effort that is being made by certain interests in Texas to convince 
 the attorney general of the state that he should let up on Waters-Pierce and bore 
 for Standard Oil is pretty conclusive evidence that there is a real live bug under the 
 chip. 
 
 "BAILEY OIL COMPANY." 
 
 WAGS ARE WRITING NAME IN CHALK ON ALL TANK CARS. 
 
 Staf! Special. 
 
 Austin, Texas, Feb. 25. — A traveling man who came in from Liberty Hill Fri- 
 day evening, stated that a Waters-Pierce oil wagon arrived in that town that after- 
 noon, and that the driver was made considerable sport of by every merchant in the 
 community. Some of the patriotic citizens got hold of some chalk and blurred the 
 name of Waters-Pierce Oil Company on the wagon and wrote above it in several 
 places "Joe Bailey Oil Company." On one side of the wagon read "Bailey Oil 
 Company." 
 
 Daily Press of Texas. 
 
 Feby. 26th, 1907. 
 
 CARPET-BAG REMINDERS. 
 
 THE FEDERAL RECEIVERSHIP OF THE WATERS-PIERCE OIL CO. — CRITICISM 
 OF THE JUD1CL\RY. 
 
 Texas Farmer. 
 
 That a free press is the palladium of our liberties is a trite political common- 
 place. Poets, too, have sung of a free press "unawed by power, unbought by gain." 
 We seriously doubt, however, whether the people of Texas now enjoy the benefits 
 of such an institution. At least we seriously doubt whether the daily press of Texas 
 is altogether an ideal agency of public opinion, and whether it answers the ends of 
 its existence. 
 
 Texas Farmer. 
 
 In the great debate on the rate bill Senator Bailey in a very dramatic way 
 delivered a glowing eulogy on Judge Bryant. We endorsed it at the time most 
 heartily. While we knew that Judge Bryant was endowed by nature with intellect 
 in very great moderation, we knew that he was a native of Texas, knew that he 
 was honest, that he had always avoided judicial scandals, and wore the robe of justice 
 without spot and without blemish. 
 
 Texas Farmer. 
 
 In Texas we have rested securely in the belief that our rights and property 
 would be safe in the hands of Judges McCormick, Maxcey, Burns, Meek and Bryant. 
 The late judicial action of Judge Bryant, in his case, must give us pause. We do 
 not mean to impeach the integrity of Judge Bryant. He is honest, but alas, he is 
 weak. He has been surprised and hoodwinked into a flagrant, inexcusable decision. 
 While it is yet time, we trust he will retrace his steps. If he does not, the stain of 
 this decision will overspread and shroud with inky blackness the hitherto spotless 
 ermine of his oflfice. In the meantime we can trust confidenth- in our Attorney 
 General, and in the other able lawyers associated with him in the great work of 
 throttling this monster trust. Judge Brj'ant will meet his match in Attorney General 
 Davidson. The fight has just begun. Our attorneys in the case are cast in heroic 
 
958 Senator J. IV. Bailey of Texas Unmasked 
 
 molds. They will see that the great State of Texas preserves her dignity, and that 
 her laws shall be enforced. They will see, too, that, 
 
 "Returning Justice lifts aloft her scale 
 
 And that ancient fraud will no more prevail." 
 
 COCKRELI. AND CR.^NE NOT ALLOWED TO EXAMINE BAILEY. 
 
 Special to The Cronicle. 
 
 Austin, Texas, March 14. — In an interview today with W. A. Cocke, represen- 
 tative from Bexar County, proponent of the charges against J. W. Bailey, Mr. Cocke 
 said: 
 
 "It is due General M. M. Crane and Judge Cockrell to say that these gentle- 
 men did not arbitrarily 'withdraw' their assistance as volunteer attorneys in the mat- 
 ter of the investigation. When the five attorneys of Dallas proffered their services, 
 it was upon the assumption that each would be acceptable, and that they would be 
 allowed to alternate, thus requiring none of them exceeding one-fifth of his time. 
 When the committee limited the proponent of the charges to two attorneys, it was 
 impossible for General Crane and Judge Cockrell to devote all their time to the 
 matter on account of previous professional engagements. As a matter of fact, both 
 of these gentlemen spent considerable time at the investigation and otherwise rendered 
 me every assistance that they could. We were in constant correspondence, and they 
 were ready to come whenever they could arrange their aflairs so to do, and when- 
 ever it was mutually thought necessary. Near the close of the investigation (sup- 
 pression) I did ask one or the other of them to come down, and they readily agreed 
 to do so, but when the committee refused to require Mr. Bailey to submit to a rigid 
 cross-examination, their presence was rendered unnecessary. 
 
 "Lovers of our Southern ideals of statemanship should be grateful, not only 
 to Judge Cockrell and General Crane, but to Messrs. Crawford, Etheridge and Por- 
 ter, for their patriotic interest in the matter. 
 
 "I desire also to acknowledge the assistance rendered the cause of truth and 
 justice by many patriotic Texans, who wrote me such information as they possessed, 
 much of which the committee would not even listen to and ascertain its truth or 
 falsity. In my humble judgment, the people of Texas will never know one-half the 
 story in all its completeness. But it has been decreed by this Santa Anna of Texas 
 politics that the story is none of the people's business. Remember, it is said in the 
 Scriptures, Tride goeth before destruction and a haughty spirit before a fall.' " 
 
 The People's Advocate. 
 
 In Senator Bailey's public speeches he invariably takes pains to explain that he 
 has a conscience. He doubtless deems the explanation more in order since the "corn- 
 field" jury at Austin declared that his best and closest friends, clients and associates 
 are criminals. 
 
 COMMITTEE SELECTS COCKE. 
 
 Wilson County Journal. 
 
 Austin, Tex., July 6. — United States Senator Joseph W. Bailey having given 
 the ultimatum that he and Representative Cocke could not speak from the same plat- 
 form at the Driftwood reunion, the committee selected Mr. Cocke. 
 
 Newton News. 
 
 Representative W. A. Cocke of San Antonio and Coal Oil Joe of Gainesville 
 were both billed to deliver addresses at a reimion in Hays County, and when the 
 latter learned that the former was on the program he showed the pettishness of his 
 small and contemptible soul, not to mention his collossal conceit, by suggesting to 
 the chairman of the arrangement committee having the affair in charge that he leave 
 off the name of the brilliant attorney of San Antonio. The chairman, who seems 
 to have been a man possessing a few ideas of his own, replied that Mr. Cocke would 
 speak at the time advertised for him to do so, and that Mr. Bailey could — well, he 
 was a little too courteous to tell the junior senator to go to hell, but that was the 
 
The Political Life-Story of a Fallen Idol 959 
 
 idea he conveyed to him, anj'way. Whenever the people get a chance to kick the 
 monumental egotism out of this galoot from the banks of Red River they will do 
 it so thoroughly and in such a workmanlike manner that he will wish to high heaven 
 he had donned a pair of double-padded baseball pants with a board in the seat. 
 
 The People's Advocate. 
 
 The time is coming when Senator Bailey will be kept so busy dodging "spanks" 
 that he won't have time to notice an ordinary "slap," such as the Farmer's Union gave 
 him at Fort Worth last week. — Cherokee County Banner. 
 
 But that was no ordinary slap; the Farmers' Union of Texas represents over 
 100,000 voters among the best class of farmers. 
 
 The People's Advocate. 
 
 In a speech at Garland, Senator Bailey is reported by the Houston Post as saying, 
 "A few honest men are against me, and no good women are." It is possible that the 
 4,000 people present were all for Bailey, or those who opposed him were cowards, 
 which means the same thing as endorsing him, for no person can uphold Bailey's 
 action in "serving two masters" without surrendering to him all control of thought, 
 conscience and creed. And while there is no "Madam Editor" associated with the 
 Advocate, still we have some true friends who are good women and who loathe and 
 defy political bullies such as Bailey, and when he says that these friends of ours are 
 not good women, he lies. That is all. 
 
 The People's Advocate. 
 
 Of course, the resolution unanimously adopted by the Farmers' Union in State 
 Convention, calling on the Texas legislature to pass a law which will prevent public 
 officials from accepting employment with corporations and trusts, was not intended 
 to apply solely to Senator Bailey. A resolution of such a nature would not be consti- 
 tutional with the union. But if it be treason. Senator Bailey may make the most of it. 
 
 HAS HIM OUTCLASSED. 
 
 San Antonio Express. 
 
 Senator Bailey hit his enemies hard in a speech at McKinney the other day. 
 He called General Crane a liar and said that Representative Cocke was a little idiot. 
 The Senator is still after them and when they poke their heads up he shouts. — Tyler 
 Courier and Times. 
 
 And that is supposed to be argument, is it? Cocke in his speech here used no 
 such epithets against the Senator, nor has Crane been reported as using them. The 
 senator is welcome to that style of argument. — Greenville Banner. 
 
 It is altogether useless for Bailey to struggle on. Cocke has the advantage of 
 him — he is writing the history of the junior senator's life. 
 
 BAILEY AND LABOR MEN. 
 
 Austin, Texas, January 6 (Dallas News, January 7, 1907). 
 
 When informed tonight that Senator Bailey has received information to the 
 effect that Samuel Gompers, president of the American Federation of Labor, had 
 telegraphed labor leaders in Austin to oppose him in the primary election held here 
 yesterday, J.imes Belger, a stonemason and member of the Austin Trades Council, 
 denied that such instructions had been received, or that any use had been made of 
 certain information procured from Mr. Gompers. 
 
 Mr. Belger explained that on Friday, Joe Amsted of the Cigarmarkers' Union 
 wired Gompers for Senator Bailey's record on eight-hour legislation. Gompers re- 
 plied on Saturday, saying that Senator Bailey was absent when the Gregg bill came 
 up and that he voted against the eight-hour bill for the Panama Canal. This was 
 all that the telegram contained, and there was no recommendation nor order, sa\-s 
 Mr. Belger. He furthermore says that the telegram was received too late for any 
 use to be made of it. 
 
 Mr. Belger further says that when Mr. Bailey was in the lower house of Con- 
 gress he idolized him; that upon one occasion, when Mr. Bailey visited Austin six 
 
960 Senator J. W. Bailey of Texas Unmasked 
 
 years ago, John Hornsby met him and asked him to go around to the Driskill Hotel 
 to meet Bailey. That he did so, and then found Mr. Bailey seated talking to several 
 gentlemen; that he told Mr. Bailey that he would like to speak to him privately, 
 and that Bailey put his arm around him and they walked off to the end of a corridor 
 and sat down in a window. Mr. Belger says that at that time he was a member 
 of the Austin Trades Council, and that he said to Mr. Bailey: 
 
 "We boys here want to know how you stand on the eight-hour law," whereupon 
 Mr. Bailey began talking about his grandfather and then of his father and said he 
 worked fifteen hours a day. At that juncture, says Mr. Belger, he got up, extended 
 his hand and said, "Good-bye, Mr. Bailey; I am through with you," from which day 
 he says he has had nothing to do with Mr. Bailey. 
 
 STATE DEMOCRATIC PRESS COMMENT. 
 
 Corsicana Courier-Light. 
 
 Bailey and The News — Senator Bailey has been terribly arraigning The Gal- 
 veston-Dallas News lately. The Courier-Light well remembers that The News did 
 more for Bailey on two occasions than any other newspapei in Texas. The two occa- 
 sions were when Bailey made his speech on his rate bill amendment and when he 
 defended himself against the Cosmopolitan attack. On both occasions The News gave 
 exclusive use of a direct wire from Washington to Dallas and Galveston for his 
 speeches. The leaders were written by Lon Wasson, a young man raised in Gaines- 
 ville, and there is no better writer than Lon Wasson, and he is a great friend of 
 Bailey, and his description of Bailey and the galleries and the Senate was great. 
 Wasson was then The Galveston-Dallas News correspondent at Washington, the 
 best position on The News. The News cut out the Associated Press news to get 
 in Bailey's great speech and defense and carried it to all parts of Texas. To use the 
 wires that way cost a mint of money; but The News paid it. 
 
 Cleburne Review. 
 
 Most of Mr. Bailey's ardent admirers say that a terrific warfare is being waged 
 on the junior Senator. We think this is an erroneous impression. The fight is not 
 on Mr. Bailey, but on the practice of public servants accepting fees from public 
 service corporations — the institutions that the Government has been trying to control 
 for years. If Mr. Bailey has the right to take fees of this kind, every public servant 
 in Washington has the same right. The line has got to be drawn somewhere. 
 
 Waco Times Herald. 
 
 Just to keep the record straight. Mr. Bailey at Houston: "I want nothing 
 from the people of Texas except what comes of their confidence and their good will." 
 Mr. Bailey at Grahan: "There will be no investigation. I am the nominee of the 
 Democratic party." 
 
 San Angelo Standard. 
 
 The country papers had much to do In making Senator Bailey, and he repays 
 them by calling their editors liars and slanderers. 
 
 Texarkana Courier. 
 
 The Courier wants to be a supporter of Senator Bailey. Why does not the 
 Senator cease putting words which they never uttered in the mouths of his enemies? 
 Why does he persist in setting up men of straw that he can easily pummel to pieces? 
 There are issues to be met. The Senator knows what they are. 
 
 Beaumont Journal. 
 
 While the Bailey organs speak eloquently of Bailey's Congressional and Sena- 
 torial Record, they neglect to mention the important legislation which he initiated. 
 Why is that? 
 
 Hall County Herald. 
 
 Bailey claims to have Ii6 members out of a total of 163 pledged to vote for 
 him for the Senate. If this is true what is he worrying for? Or is it not possible 
 
The Political Life-Story of a Fallen Idol 961 
 
 these Ii6 pledges are merely braggadocio; or perhaps the Senator may be as badly 
 misled about these ii6 as he was about Senator Senter of Dallas, whom he admits 
 he expected to vote for him. 
 
 Bonham News. 
 
 Senator Bailey's friends really ought to get him to take something to reduce his 
 abnormal egotism. As a great man he is entitled to a fair amount ; but when it 
 comes to cornering the world's supply, it is dangerous to the health and happiness of 
 other men who consider themselves "some pumpkins." Senator Bailey ought to be 
 more considerate of even his enemies. 
 
 Henrietta Independent. 
 
 If it is true, as Senator Bailey says, that Horace Chilton bribed the newspapers 
 by subscribing for them, he got them dirt cheap. We are glad to know that when 
 United States Senators get on the market they come high. 
 
 Dallas Times Herald. 
 
 Hon. Joseph K. Sibley of Pennsylvania has been given a splendid certificate 
 of character by Senator Bailey. Hon. Joseph K. Sibley was a multi-millionaire Re- 
 publican and then flopped to the Democrats. The Chicago platform caused him to 
 execute another flop, and he landed in the house of Quay and has trained and fought 
 with Quay and Penrose gangsters ever since. In Pennsylvania he is said to be the 
 strong right arm of the Standard Oil and the strong left arm of "Divine Right" Baer. 
 In the campaign last year, when Lewis J. Emery, head of the independent oil pro- 
 ducers, was the nominee of Democrats and Republicans against the Penrose gang 
 ticket nominee, true to his record, Hon. Joseph K. Sibley lined up with the gangsters 
 and their allies. Only once in his political life has Joseph K. Sibley ever stood for 
 the people and their interest, and that was the time the Democrats made him their 
 nominee for congress. But he recognized "his master's voice," and landed in the Quay- 
 Penrose camp the very next year. Of course, Mr. Sibley is a good man — he's a very 
 rich man. Of course, he is a clean man — he has never broken into jail. Politically 
 speaking, he hasn't a principle in common with the rank and file of his countrymen. 
 He believes in the power of might, the rule of the dollar, the divinity of "vested 
 rights," and considers it is anarchistic for the government. Federal or state, to control 
 the creatures which are government made. Personally, Joseph K. Sibley is a good fel- 
 low; socially, he is a prince; politically, he is a pirate sailing under the flag of the 
 freebooter. He believes in the sanctity of the dollar and not in the sacredness of 
 human rights — equal rights and equal privileges for all. 
 
 San Antonio Gazette. 
 
 Senator Bailey's campaign since the movement against him was started has been 
 a series of masterly retreats. He has retreated until he has reached the last resort 
 of the politician, the party whip, and armed with this he is making a last stand against 
 his opponents. The arguments of Bailey and his friends in their last desperate refuge 
 are leading them to ridiculous extremes. Under the political code which they have 
 enunciated there is no appeal from a party indorsement or nomination. No matter 
 what may be developed against a candidate subsequent to his receiving a nomination 
 or itidorsement, it must count for naught; the nomination or indorsement is an im- 
 munity bath that washes away all his past sins. The effect of this is to make the 
 party the master instead of the servant of the people. Allegiance to this doctrine has 
 made Tammany the corrupt organization that it is. Texans will never indorse such 
 a monstruous political proposition. 
 
 Vernon Call. 
 
 The Call editor read up closely on the Bailey proceedings six years ago and was 
 among the few newspaper men who could not vote for him in the primaries last 
 July. It was not a demand of the people that caused Senator Bailey's name to be 
 placed upon the Democratic primary ticket, but the slick work of the corporation 
 politicians. 
 
962 Senator J. IV. Bailey of Texas Unmasked 
 
 Nacogdoches Sentinel. 
 
 We don't like the idea of the Texas Legislature having to whitewash Senator 
 Bailey every time it sends him back to Washington. There are plenty of clean men, 
 amply qualified for Senator, whose records are not so bespattered with oil and other 
 things that "smell to heaven" that there must be an "investigation" and whitewashing 
 every six years. There are thousands of better men in Texas than Joe Bailey — maybe 
 not so "brilliant," but truer to the people. 
 
 Laredo Times. 
 
 It seems now that all that is ncessary to get your name free in every newspaper in 
 the whole country is to borrow some from Mr. Pierce of kerosene oil fame. 
 
 Holland Progress. 
 
 It is presumable that Senator Bailey has begun to realize that oil and politics 
 will not mix by this time. 
 
 Houston Chronicle. 
 
 Is Senator Bailey seeking to rehabilitate himself politically by cultivating old 
 soldiers' reunions? It seems subtle politicians arrange invitations to him to deliver 
 memorial addresses. Long ago it was the trick of the incompetent office seeker of 
 the South to ward off attacks on bad records by calling back the passions that should 
 have reposed with the dead dreams of the Confederacy. Many a corrupt heart and 
 servile spirit has conjured up a ghost-walk of our beloved dead and made sentiment 
 stand unholy guard between statesmanship and foul demagogism. The past is a land 
 of the cypress and the myrtle ; there the winds whisper sad memories over the graves 
 of the departed 1 There the violets and lilies bloom and the ivy clusters where heroes 
 are sleeping. There the author may go for poetry or fiction. There the patriotic 
 may find examples fcr emulation, and momentoes for inspiration and eloquence. But, 
 in the names of the saintly dead and the haloes of glory left by their stainless lives and 
 sacrifices, let us protest against the base mockery and disgusting effrontery of a ser- 
 vant of the Standard Oil, against the honor of our state, invoking such holy memories. 
 
 In the sanctuary of our affections, where Davis, Lee, Jackson and Pickett find 
 us on bended knees, let only those like Sir Galahad pure invade with votive offering. 
 Time at last may crumble this edifice into dust, but while one stone remains, let it not 
 be effaced with unclean hands. 
 
 Dallas Times Herald. 
 
 It is a hard matter to keep the record straight all the time, but The Times 
 Herald is doing its best. The following is taken from the record of the house inves- 
 tigating committee: 
 
 "Chairman O'Neal started to read a telegrah from J. D. Johnson, but William 
 A. Cocke stopped him with a question of personal privilege. He said: 'Mr. Chair- 
 man, I see from the newspapers this morning that Mr. Bailey called me a liar in 
 the meeting of the committee of yesterday. I did not so understand it at the time. 
 I want to say that I was telling the committee what I expected to prove by J. D. 
 Suggs and Mr. Bailey denounced it as a lie and the man who said it as a fact a liar. 
 If Mr. Bailey intended to call me a liar, I would only have considered the source. 
 Only cats and dogs fight — not gentlemen — and only bullies bawl.' Mr. Jenkins: 
 'I did not consider that Mr. Cocke was asserting these things as facts, but that cer- 
 rain witnesses would testify, and Mr. Bailey said whoever would so testify would 
 lie.' " 
 
 The Times Herald is a square dealer, and Mr. Cocke is placed right before his 
 constituents — the people of Texas. 
 
 Rogers News. 
 
 If Bailey is re-elected the Democratic party of Texas should never again incor- 
 porate an anti-trust plank in its platform till every Senator and Representative voting 
 in the affirmative is retired from the public service. 
 
The Political Life-Story of a Fallen Idol 963 
 
 The Texas Coaster. 
 
 Bully Bluffer Bailey can convince any man that he (Bailey) is the greatest 
 champion of the people extant, if that man will read but one speech ; but if he reads 
 all the speeches Joe has made from 1900 up to the present hour, that man will find 
 himself in a wilderness of Grapevine ranches, Waters-Pierce oil tanks, $200,000 
 fees, railroad wrecks in Tennessee, the big lumber thickets of the Kirby Lumber 
 Company, in the pipe line of the Standard Oil Company, in perfect security of a 
 $5,000 charter, and last, but worst, in the middle of a Waters-Pierce loan swamp 
 covering a credit of affluence from $3,000 up to and including $156,000. If Bailey 
 can lead you through this wilderness blindfolded; or carry you through dead to all 
 your faculties; or put out your eyes with red-hot bombastic bluff; or hypnotize you 
 with his matchless magic wand of speech; or ride you through on the ass of hero 
 worship; or drive you with the party lasso; then all hope is lost, and the Lone Star 
 must be surrendered to the trusts that violate the laws and then come back, and the 
 office of Attorney General is a fraud and should be abolished. 
 
 Killeen Messenger. 
 
 The way the Bailey organs mix themselves up on the defense of their idol is 
 certainly amusing. * * * Senator Bailey absolutely refuses to tell when and 
 how he paid those notes he gave H. Clay Pierce. Until he shows up on this particu- 
 lar matter the people are going to believe that he paid them in service for the oil 
 trust. * * • According to the way some of the Bailey organs argue the nominee 
 matter, a Democratic nominee can do no wrong. Following their arguments to a 
 logical conclusion, Benedict Arnold should not have been denounced as a traitor be- 
 cause he had previously been looked upon as a patriotic American General. 
 
 Wichita Herald. 
 
 * * * The fact remains that Bailey is on the road to join Piatt and Depevv. 
 His influence as a statesman is gone. * * * No unbiased person but believes that 
 Mr. Bailey was in the employ of that company. 
 
 Cherokee County Banner. 
 
 Bailey, the immaculate — he who can borrow hundreds of thousands of dollars 
 from trust magnates without security. * * • This Caesar certainly must feed 
 on some truly wonderful diet and must anoint himself with some very precious oil 
 (Standard, perhaps) to make him so great. 
 
 Corsicana Democrat-Truth. 
 
 In view of the confessions of Bailey, in view of the company he keeps and the 
 accusations brought against him, no Representative feels bound by the collar brand 
 or bond. The days of yellow dog politics died with the new era of enlightenment 
 in Texas. 
 
 Glen Rose Herald. 
 
 And Bailey says he paid back that $156,000 and all the other sums he borrowed 
 of Pierce. Did he pay back in cash or in attorney's services, and if in cash, where did 
 he get it? 
 
 Bellville Times. 
 
 Good morning. Have you been bulldozed yet? 
 
 Dallas Democrat. 
 
 The Party Whip in Oily Hands — This is the first case in which any Democrat 
 of respectability has ever refused to be investigated when under serious charges. Sup- 
 posing you go to your court house and ask to see the deed record, and the County 
 Clerk hides it in order to keep it concealed until after he is elected. What would 
 you think about it? The first thing an honest man calls for is a thorough investiga- 
 tion of his record — of any charge that you can bring against him. \Vhat if some 
 fellow spreads the report that you are a horse thief — wouldn't you demand that he 
 prove it? Would you say to him, "Wait until I get elected"'' The only case in 
 
 11-30 
 
964 Senator J. W. Bailey of Texas Unmasked 
 
 which you would take that course is the case in which you are as guilty as a dog, 
 and you know it. 
 
 Timpson Times. 
 
 If Senator Bailey were as guiltles, as his admirers believe, he would demand 
 an investigation, whether he lost his seat or not. A perfectly innocent man would 
 want vindication at any cost. 
 
 Ellis County Mirror. 
 
 Bailey's suggestion of "no investigation" stuns even some of his close friends 
 and followers; nor is it surprising. 
 
 Baird Star. 
 
 Senator Bailey said in a speech at Graham that the Legislature would not inves- 
 tigate charges against him. Has he got the whole push bulldozed ? 
 
 Gauze Gazette. 
 
 Joe Bailey advised New York Democrats to vote against Hearst, the Democratic 
 nominee, but says our legislative representatives must vote for him because he is the 
 Democratic nominee. We must stick to the nominee, but let Joe decide who the 
 nominee is. In other words, we must recognize Joe as the only authority. The 
 private morality of public oflficials is to be at a discount and the Democratic thou- 
 sands of a great State like New York are not supposed to know when they have a 
 nominee for Governor. This doctrine would be insulting if it were not so absurd. 
 
 Gatesville Star-Forum. 
 
 * * * According to Senator Bailey's own admission he commenced bor- 
 rowing money from Pierce, the first time he ever met him and has kept it up ever 
 since, and says he will continue to do so if re-elected to the United States Senate, 
 if he needs it, and that is enough. The members of the Legislature who want their 
 Senator to be that close to the president of a trust will vote for Bailey's re-election, 
 and those who do not will vote against him, and there you are. We see no need of 
 an investigation. 
 
 San Antonio Gazette. 
 
 Bailey the Boaster — If Senator Bailey is not careful he will blow up and burst 
 from the explosive force of his own conceit. To read one of his speeches, especially 
 the one delivered at Manor Thursday, is to be reminded of a turkey-cock, strutting 
 about a barnyard with his tail outspread and his feathers erected, a picture of ridic- 
 ulous self-pride. The Manor speech is fairly stuffed with self-laudation. According 
 to Senator Bailey, Joseph W. Bailey is the greatest statesman, the bravest man, and 
 the most brilliant intellect in the world. Indeed, it is doubtful whether Senator 
 Bailey would even exclude the balance of the universe and paradise itself in defying 
 the production of his equal. 
 
 Hemphill Leader. 
 
 Think of it! A "great" United States Senator, representing the greatest State 
 on the American Continent, leaving as he admits imperative and important duties at 
 Washington to come all the way back to Texas to bark back at the "cur dogs," 
 "hounds," "bench-legged fice," "hyenas," etc., that have been barking at his heels. 
 Now isn't that a spectacle for you? Congress, Mr. Bailey, has now been in session 
 for about a month. You left Washington upon the publication of Attorney General 
 Davidson's exposure, and before you left said that it would only take about two 
 hours to straighten the matter out. On your way back you "accidentally" got left 
 in St. Louis, the home of H. Clay Pierce, and was delayed there a day. It took 
 you several days to reach Austin, and ever since you left Washington you have been 
 traveling over the State of Texas with a pistol in your grip, denouncing the honest 
 and patriotic citizens of your adopted state as liars, perjurers, hyenas, skunks, dogs, 
 hounds, and dozens of other such sweet-scented epithets. Why aren't you at your 
 post of duty, where the people of your country are paying you to be, defending your 
 
The Political Life-Story of a Fallen Idol 965 
 
 people against the "infamous assaults" of Senator Foraker? Is it of more import- 
 ance that you remain in Texas to bark back at these "dogs" and "hounds" that are 
 on your trail? Now, Mr. Bailey, you have boasted that your public record was pure 
 and that you have done no wrong. If this be true, then why in the name of that 
 Almighty God are you and your friends afraid of a legislative investigation or afraid 
 to submit the proposition to the people of the great State of Te.xas? 
 
 Mineral Wells Index. 
 
 Every subterfuge is being resorted to delay an investigation by the Bailey ele- 
 ment. The resolution was made to make the Attorney General a party to the inves- 
 tigation, and Gen. Davidson has handed them a resounding jolt by inviting an inves- 
 tigation; indeed, some weeks ago he practically made the investigation, ignorant of 
 the facts that he would be included. In a few words, why should not Senator Bailey 
 court an investigation? This seems to be a fair proposition, regardless of for or 
 against him. No innocent man should fear an impartial investigation, and surely 
 the Legislature is capable of doing so. 
 
 Dallas News. 
 
 Senator Bailey has notified the Legislature, that, come what will, "I" — any big 
 gate post will do — am going to be inaugurated as Senator, in spite of high water, 
 Wednesday. Let us Texans leave off ribbing the Germans on "Mineself und Got." 
 Julius Caesar was a wooden pigmy ! 
 
 Frost Star. 
 
 All the defense Bailey's friends can put up is that he is a very smart man. No- 
 body has denied that. The Waters-Pierce Oil Company, the Kirby Lumber Com- 
 pany and all moneyed trusts know it as well as we do, and that is why we would 
 like to see him relegated to private life. 
 
 Reisel Rustler. 
 
 Senator Bailey and his adherents are strictly opposed to an investigation of 
 Bailey by the Legislature. Do they fear that something worse than the present 
 charges may yet be uncovered ? 
 
 Jacksboro News. 
 
 Senator Bailey is fighting an investigation with all his might. On the other 
 hand, Davidson in answering Bailey's charge against him insists that the Legislature 
 investigate the charges made by Bailey against him. Davidson put in a solor plexus 
 blow there. 
 
 Morgan Tribune. 
 
 ^Ir. Bailey's word no longer goes. The people now demand the proof. Noth- 
 ing short of a thorough investigation will be tolerated. 
 
 Dallas News. 
 
 It really seems that the people of Texas might just as well go 'way back and sit 
 down, since the leading defendant of Senator Bailey, in resisting an investigation that 
 will investigate, has declared openly, in his speech favoring the Senator, that it is 
 no business of the public. "They say they will ask an investigation because then 
 everybody will be satisfied. They will have an investigation because the people de- 
 mand it. The people have no right to demand it." Such is the contention of mis- 
 representatives of the people who are set in their purpose to whitewash Senator 
 Bailey and send him back to Washington. They do not say in so many words, "the 
 people be damned!" but their contention seems to amount to about the same thing. 
 The News quotes the expression of this one of Senator Bailey's leading advocates 
 regarding the untrammeled prerogative of the members of the House to vote in favor 
 of the whitewash method just to show how utterly inconsistent they are in putting 
 forth this contention one minute and in then turning squarely around the next min- 
 ute to the contention that it is none of the members' business; that members have 
 nothing to do with it, since the primary election takes away all of their right and 
 
966 Senator J. W. Bailey of Texas Unmasked 
 
 power in the premises. Inconsistency is certainly the softest term that can be applied 
 to the numerous contradictions of this character. 
 
 Dallas News. 
 
 Some of Senator Bailey's supporters insist that the Kennedy plan provides for 
 more thorough investigation than the other plan. If that is true, why do they object 
 to the Duncan plan so hysterically? 
 
 San Antonio Light. 
 
 The week at Austin opens with the Bailey forces in a far weaker position than 
 they were at the opening of the Legislature. The opposition to investigation, both 
 open and covert on the part of himself and friends has turned the scales in many 
 minds, and there is a feeling that he would not have resorted to these tactics had he 
 been certain of his ground and confident that an investigation could bring out noth- 
 ing to discredit his candidacy as a Senator. Representative Cocke, from this district, 
 was early in the field as an open opponent of the re-election of Bailey and he is 
 doing splendid work in the Legislature in aiding and directing the fight for a down 
 to the ground investigation. He has had the courage of his convictions in this mat- 
 ter, and whatever the result will be better known in the State as a young man of 
 positive convictions than he otherwise would have been for indefinite years. The 
 Senator from this district. Green, as was to have been expected, favors the fullest 
 investigation and there is not any doubt now that such investigation will be held. 
 The fact that such investigation is against the strongest protest that Bailey and his 
 friends could make, and that it is the work of all shades of legislative opinion, will 
 be felt in every stage of that investigation. The sentiment in favor of the fullest 
 inquest into this whole matter is gathering force like a boulder rolling down the 
 mountain. 
 
 Texarkana Courier. ^ , ,, , .,., , 
 
 Another Disgusted One— E.x-Congressman Cockrell of Abilene, has gone over 
 to the anti-Bailey forces. He has been a long and steadfast friend of the Senator but 
 the efforts of him and his friends to stave off an inevstigation that would investigate, 
 were too much for the old man. 
 
 Cuero Star. . t-. 
 
 Yes, the News was fair, according to Bailey, until his confessions turned 1 he 
 
 News against him. 
 
 Denton Record and Chronicle. 
 
 If a Grand Jury were impaneled only to await the coming of witnesses against 
 a certain alleged criminal, how long would it be before an indictment would be 
 returned? Yet that is the purpose of the Kennedy substitute. 
 
 McKinney Courier-Gazette. 
 
 Will there be an investigation? Senator Bailey says that there will not be one; 
 General Davidson asks that one be made. If Senator Bailey has done no wrong, 
 certainly an investigation would not hurt him. 
 
 San Antonio Gazette. , . . i t, u 
 
 Senator Bailey's opposition to an investigation is explained only on the theory 
 that he fears an investigation. His attitude is having the effect of alienating thousands 
 of citizens who were his sincere friends and who desired to see him triumph over his 
 opponents, but who see in his refusal to submit to an investigation a confession of the 
 weakness of his cause. 
 
 Terrell Transcript. , , o d i 
 
 "Lest we forget," the Transcript would remind its readers that Senator liailey 
 said there would be no investigation of his course by the Legislature. Now, as though 
 perceiving the inevitable, he hastens to say that he is not at all averse to an invest" - 
 gation, provided it is along the lines he shall designate. 
 
The Political Life-Story of a Fallen Idol 967 
 
 Beaumont Journal. 
 
 United States Senator Bailey now says he will welcome an investigation, provided 
 it is conducted along lines suggested by him. The Senator is possibly too late in 
 bowing to the will of the people. 
 
 Wilson County Journal. 
 
 Texas has had good reasons for being proud of her two Senators. Both Bailey 
 and Culberson are far above the average Senator. The Journal has always had the 
 greatest respect for both of them, because of their recognized ability. Both have been 
 useful to the State and to the whole country. It will be remembered that Lucifer 
 was once a bright and shining light in the courts of glory; but he was not able to 
 withstand temptation and he fell. Our senior Senator has a more level head than the 
 junior Senator. If he was tempted, as all public men are, he was able to withstand 
 it. But our junior Senator was flattered by those in high station. His bump of self- 
 esteem is very large and, when he considered the fat bank account of his friend, Pierce, 
 he persuaded himself that he could easily reduce it somewhat by ser\'ing him and his 
 constituents would be none the wiser. That is where he forgot that it is written : 
 "No man can serve two masters." He also forgot that it is written: "Whatsoever 
 a man sows that shall he also reap." 
 
 Ector County' Democrat. 
 
 Ninety-five per cent of the Texas preachers are proudly supporting Bailey, so 
 says some East Texas papers who are for Bailey strong as horseradish. It puzzles 
 us how any true man of God can conscientiously support Bailey after reading his 
 self-convicting statements. 
 
 Venus Times. 
 
 The Bailey controversy will do good. It will teach the officers that no man is 
 greater than the people and that they must answer to the people for their conduct 
 while in office. 
 
 Dallas Laborer. 
 
 Bailej' — The First Flower of Texas Capitalism — Many people of the South have 
 taken, until just lately, the view that while the United States Senate was controlled 
 by the capitalists — sugar, steel, tobacco, oil — this control was exercised through men 
 from the North, not from the South. They seemed to think Southerners had more 
 rugged honesty than the Northern Republicans. Quay, Aldrich, Depew and Piatt 
 were National disgraces, but the roll of Southern Senators included no such men. 
 This view was, in fact, correct until the last few decades. * * * gut things 
 are changed now and the Bailey affair gives public notice of it. 
 
 Texarkana Courier. 
 
 Why does Senator Bailey object to a legislative invetigatoion with Henry C. 
 Pierce and other trusts? 
 
 Arlington Journal. 
 
 Bailey may still be able to be elected, but if so it will be by a majority so small 
 as to be shorn of all semblance of victory. Already he has sustained defeat a thousand 
 times worse than less of office or some important issue, or when opposed by an 
 honorable opponent. No man ever lost more followers in so short a time, especially 
 when not opposed by anything but his own record. 
 
 Corsicana Democrat-Truth. 
 
 To read what he says, one would think Bailey bigger than his State. Of course 
 he must not be rated as he talks. 
 
 ON SLAPPING BAILEY. 
 
 ATTITUDE OF HIS DEFENDERS SHOWS KNOWLEDGE OF HIS GUILT. 
 
 To the Editor of The Chronicle. 
 
 It looks like every time a member of the legislature proposes a measure to restrict 
 congressmen and legislators from accepting services as attorneys for corporations 
 
968 Senator J. IV. Bailey of Texas Unmasked 
 
 regulated by state and national legislatures a mighty howl goes up from the apostles 
 of Bailey "that it's a slap in Senator Bailey's face." Is all legislation looking to the 
 protection of the people against trusts and corporations whose efforts seem to be to 
 control legislation in their own interest, to be abandoned because such attempts seem 
 to tread on the very sensitive corns of some servant of the people. 
 
 The gentlemen raising this howl say that Senator Bailey has been vindicated. 
 That all charges brought against him are untrue; that he is as innocent as a new born 
 babe. If this be true, then why would this be any more of a slap at Senator Bailey 
 than at Senator Culberson and all of our congressmen? 
 
 The members of the legislature who make this sort of a play to defeat a very 
 important measure are not fooling the people. The intelligence of the people who 
 do the voting is underestimated by such men, which fact they will learn later on. 
 
 So long as congressmen are unrestricted and allowed to serve corporations and 
 trusts which are subject to regulation by congress, just so long will the people's inter- 
 ests be in jeopardy. The old saying that a man cannot serve two masters has always 
 proven true and while attempting to serve two masters it is human nature for the one 
 paying the largest salary to get the best services. This is not, nor is it intended as 
 a slap in the face of any one, but a plain statement of facts that our lawmakers will do 
 well to ponder in their minds before retiring to their constituents. 
 
 Alf H. H. Tolar. 
 
The Political Life-Story of a Fallen Idol 969 
 
 CHAPTER XLVIII. 
 
 A FITTING FINALE. 
 
 The day following Bailey's so-called exoneration by the Thirtieth Legislature, 
 February 27, 1907, and after he had delivered himself of his famous Rogues' Gallery 
 Speech, Mr. Bailey and his Legislative supporters, were carried by a special train 
 from Austin to Gainesville — Bailey's Texas home. The following laconic and ironic 
 contemporaneous account of his reception there is no less amusing than self-explan- 
 atory. 
 
 A MIGHTY WAVE OF SOUND RATTLED GAINESVILLE WINDOWS. 
 
 Nothing Like the Bailey Celebration Has Ever Been Known in Texas. — Trinity 
 River Turned From Its Course and Ran for the Gulf. 
 
 Houston Chronicle. (3-24-07.) 
 
 (By Special Train.) 
 
 Gainesville, Texas, March 23. — Not since Hellgate was blown out of the solid 
 rock which fringed New York Harbor has there been even an approximation of the 
 overwhelming, indefinable and indescribable sound which shook this city from center 
 to circumference this afternoon. 
 
 The noise alluded to was that made when the countless thousands of visitors and 
 members of the legislature, either countless or not worth counting, caught their 
 first glimpse of Hon. Joseph Weldon Bailey, who is acclaimed by himself and his 
 friends as a greater democrat than Jefferson, a greater statesman than Calhoun, and 
 the greatest man that ever was, is now, or ever will be. 
 
 The spectacle was one that can never be forgotten. It is believed that even J. 
 D. Johnson would have been able to remember it if he had been present. 
 
 Empires may rise (like the price of oil) or fall (like the Trinity river at low 
 tide) ; monuments may tower to the skies and crumble to dust ; the elements of 
 material trusts may resolve themselves into original chaos, but as long as the memory 
 of important events is kept from oblivion by the sages of history, the scenes of today 
 will stand forth in dauntless splendor. 
 
 Picture, if you can, three hundred thousand Texas democrats covering like an 
 animated blanket a space of ground as big as a blue grass farm. Imagine the magic 
 name of Bailey coming in simultaneous harmony from the number of throats enum- 
 erated. Draw a bigger draft on your imagination than Bailey ever drew on Pierce, 
 and then realize how utterly inadequate words are to describe the scenes accom- 
 panying this tremenduous ovation. 
 
 A dispatch received from Dallas while the celebration was at its height was to 
 the effect that Trinity river had turned from its regular course and ran up a small 
 hill in breathless terror, the waters overflowing into the "west fork" and making a 
 navigable channel of that branch of the parent stream. 
 
 The noise above recorded was not confined to democratic vocalism. The mighty 
 chorus was swelled by the deep basso profundo of pastured bulls, who bellowed 
 "Bailey," and by the baritones of noble steeds on the prairies who neighed and whin- 
 nied "Bailey." High up in the trees the little birds twittered, and down in the 
 marshes the bull frogs croaked, "Bailey, Bailey, Bailey." Sheep bleated on the 
 meadows, and dogs bayed from the timber, "Bailey, Bailey, Bailey." 
 
 The dogs mentioned were the only things in all creation to suggest that Senator 
 Bailey ever had an enemy, and the Trinity river, above mentioned, is the only thing 
 which has ever indicated a willingness to run into the gulf at Senator Bailey's bidding. 
 
970 Senator J. IV. Bailey of Texas Unmasked 
 
 The only thing that marred the festivities of the day was the arrest of a man 
 who yelled "Kerosene" several times. He was charged with disturbing public wor- 
 ship. 
 
 FESTIVE SCENES. 
 
 Tonight will bring to a close one of the grandest and most awe-inspiring celebra- 
 tions perhaps ever held, not excepting the crowning of high potentates and creation 
 of monarchies in olden times, when pomp and officialism was universal and adhered to 
 religiously. 
 
 During the triumphant hour of the grandiloquent flow of almost divine words 
 from the pure lips of Mr. Pierce's friend, there were periods of lo and 15 minutes, 
 when not even the flutter was noticeable in the 65-foot streamers so gracefully elevated 
 by the breeze. 
 
 Twenty air currents were moving at the time of the address, each in a different 
 direction, and the streamers standing out in fantastic splendor, were strikingly senti- 
 mental, each being so arranged beforehand as to point directly at the senator. 
 
 Then would awaken from a delightful reverie by throatbursting applause from 
 the countless thousands who had assembled and drunk in the great patriot's words, 
 most of those present becoming so overcome by the sublimity of the occasion and per- 
 fect divine oratory, as to be blinded with tears. 
 
 A great many memorized the words, the very quintesence of pure English, 
 as they fell so freely from the lips of the speaker, and a petition was started requesting 
 the members of the legislature to remain in adjourment two weeks longer in order 
 to follow Senator Bailey around. 
 
 Space was so scarce within a radius of two miles of the speaker's stand that the 
 oflScial stenographers for the occasion could get no nearer than three-quarters of a mile 
 of the speaker, but each was supplied with a typewritten copy of the speech three days 
 ago, as were also the great papers they represent. 
 
 THE rogues' gallery. 
 
 Perhaps the most impressive feature of the decorations was a life-size photograph 
 of the senator himself, supported by golden nails with diamond heads, driven into soft 
 Kentucky spruce scaffolding, the picture frame being of pure radium. 
 
 To the left of the senator's picture was the life-size photograph of W. A. GKke 
 of San Antonio and the lieutenant governor, surrounded by smaller photographs of 
 the famous "Bailey Rogues' Gallery" of 58 members of the Legislature, some state 
 officials and prominent citizens of the state, draped in yellow cheesecloth. 
 
 To the right, hung with gold and silver ropes, with pure gold frames and studded 
 with emeralds, were life-size photographs of Senators Hanger and Odell, Hon. 
 T. N. Jones, of Tyler and a great array of members of the legislature. 
 
 Among the remarks of the senator today, he was expected to say that he regretted 
 the necessity of adjourning the legislature at this trying and important time, but he 
 realized the fact they all wanted to see him (great applause), and he hated to go back 
 to Kentucky without seeing them (deafening applause). "You could very easily 
 come up here, (you bet, you bet), and besides I arranged for a special train for you." 
 (Prolonged and deafening applause.) 
 
 At this juncture the i2,ocx3 boquets carried by the escort of honor were laid 
 at the feet of the great statesman after each decayed or withered petal had been 
 removed. 
 
 The demonstration almost shattered adjacent window lights, and the very earth 
 trembled when the senator stopped and, picking up one of the whitest, placed it in the 
 lapel of his coat. 
 
 Some times the speaker would be interrupted for hours at a time by the wild 
 applause, three companies of infantry being always on the alert to prevent the vast 
 nuiltitude from forgetting themselves in their great joy and enthusiasm. 
 
 It was expected that in closing his remarks Senator Bailey would say that some 
 day soon he hoped to be able to give every democrat in Texas a colt (ear-splitting 
 
The Political Life-Story of a Fallen Idol 971 
 
 applause and six bands started music to restore order), but would have to serve part 
 of his coming term before he would be able to do so. (Wild and prolonged 
 cheering.) 
 
 On account of delay on the road, 79 coaches of admirers arrived at this time, and 
 the speaking adjourned to allow the visitors to shake hands with the mighty states- 
 man and political warrior with so many laurels on his brow. 
 
 As this special is sent over the leased wire for the occasion, the banquet is still 
 in progress and will perhaps continue for seven or eight days, as the advance program 
 of impromptu speeches is very lengthy and will require several days to complete. Sen- 
 ator Bailey is on the program for 32 toasts, each of eight minutes, with numerous 
 senators and representatives on the list for six to twenty-one times each for five min- 
 ute talks. 
 
 The prairie for miles around is a veritable blaze of glory, bonfires in honor of 
 the occasion being noticeable for 20 and 30 miles outside the city. 
 
 No pen can fully picture the scene, nor could any tongue except that of the illus- 
 trious senator or his closest friends recite the full details of the glowing- awe-producing 
 effects of this, Gainesville's greatest, grandest, most stupendous and enthusiastic 
 demonstration ever accorded mortal man. 
 
 P. D. Q. 
 
 bailey's "indiscretions." 
 (By Hon. Lee Young, of Stephenville, Texas.) 
 
 Hon. Lee Young, of Stephenville, Erath County, was one of the four eminent 
 Texas Democrats in private life nominated by the Waco Anti-Baileyism Convention 
 as a candidate for delegate at large to the Denver National Convention. Mr. Young 
 has strikingly summarized some of Mr. Bailey's numerous "indiscretions" in the 
 following "soft words but hard argument." 
 
 Bailey is the most indiscreet man in America. A few of his indiscreet acts may 
 fairly be considered in determining his fitness to represent the people of Texas. 
 
 He was indiscreet in borrowing 21,000 acres of land from D. R. Francis when 
 Francis was an applicant before congress for large appropriations for the Louisiana 
 Purchase Exposition, thereby placing himself under obligations to Francis. 
 
 He was indiscreet in assisting the Waters-Pierce Oil Company into Texas and 
 in thus paying his debt to Francis. 
 
 He was indiscreet in borrowing, if he did borrow, $3300 from Pierce on an 
 acquaintance of a few hours, when so many people of Texas would have been glad to 
 lend him money — on good security. 
 
 He was indiscreet in leaving his duties in congress and in coming to Texas to 
 assist in defeating legislation against the Waters-Pierce Oil Company before the 
 Legislature in 1 90 1. 
 
 He was indiscreet in accepting from H. Clay Pierce a loan of $8,000 and in 
 giving his note for this amount. If he was honest in accepting the loan it still placed 
 him at the mercy of Pierce. 
 
 He was indiscreet in permitting this note to be carried into the books of the 
 Waters-Pierce Oil Company and charged to profit and loss. 
 
 Bailey was indiscreet in accepting $1750 from H. Clay Pierce on or about April 
 I, 1901. 
 
 Bailey was indiscreet in returning this $1750 to Pierce when, according to his 
 testimony it was a part of a loan of $8000 secured on the indiscreet $8000 note. 
 
 Bailey was indiscreet in entering into an agreement or undertaking an obliga- 
 tion to keep all Texas parties quiet. 
 
 Bailey was indiscreet in placing himself on the pay roll of the Standard Oil Com- 
 pany by service to it in chartering the Security Oil Company, a branch of the Standard 
 and in accepting a fee of $5,000 for work worth only $100. 
 
 He was indiscreet in denying that he had ever received compensation from the 
 Waters-Pierce Oil Company when he had received a fee of $1750. 
 
 Bailey was indiscreet in failing and refusing to inform the people of Texas that 
 
972 Senator J. W. Bailey of Texas Unmasked 
 
 he was under financial obligations and in the employment of Standard Oil and 
 Waters-Pierce and H. C. Pierce. 
 
 Bailey was indiscreet in borrowing $28,100 from John W. Gates and he was 
 indiscreet in giving his note for the amount when Gates was interested in legislation, 
 then pending before congress. 
 
 Bailey was indiscreet in accepting a fee of $2,500 from Standard Oil for an opin- 
 ion as to whether they could do business in Texas. 
 
 Bailey was indiscreet in assisting in the organization of the Kirby Lumber Com- 
 pany, a trust to levy taxes upon the homes of the people of Texas. 
 
 Bailey was indiscreet in accepting fees aggregating $225,000 from John H, 
 Kirby and the Kirby Lumber Company when that corporation was engaged in inter- 
 state commerce and rate regulation was of importance to it. 
 
 Bailey was indiscreet in becoming the attorney for the Standard Oil Company 
 and in placing himself under obligation to that company for fees out of proportion to 
 the services rendered. 
 
 Bailey was indiscreet in trying to defeat any investigation and then in having 
 his supporters to provide such an investigation as he desired, by which the legislature 
 was buncoed and the people themselves prevented from knowing the facts. 
 
 Bailey was indiscreet in bullying and browbeating members of the legislature, 
 and in threatening to force them to vote against an investigation. 
 
 Bailey was indiscreet in attempting to create a machine within the democratic 
 party, for his own use, and subservient to his will. 
 
 Bailey is indiscreet and indecent in charging those who do not approve of his 
 course with being "Liars," "thieves," "hypocrites," "knaves," "rogues," "hyenas," 
 and in using such vile language as would detract from the respectability of a prize 
 ring. 
 
 Bailey is indiscreet in threatening to drive all those who do not agree with him 
 into the Gulf of Mexico. 
 
 Bailey is indiscreet in attacking Attorney General Davidson. Davidson did no 
 more than to secure some evidence for use against a trust and accidentally — or inci- 
 dentally — Bailey was compromised. 
 
 Bailey and his organs are indiscreet in attacking Attorney General Davidson 
 and in denouncing him, since his repeated and continued victories over the trusts. 
 
 Bailey is indiscreet in attacking Davidson since he continues doing the trusts 
 service in discrediting the state's law officer and in attempting to bring its administra- 
 tion into disrepute. 
 
 Bailey was indiscreet and ridiculous in his denunciation of the members of the 
 legislature who voted against him, and in threatening to place their pictures in a 
 rogues gallery — in his home. 
 
 Bailey was indiscreet in connection with the two oil companies at Houston. 
 
 If these indiscretions are honest, then he is most unfortunate to have subjected 
 himself to the conclusions which must be drawn from them. If they are not honest, 
 then he is unfortunate in having them made public. That a man so brilliant should be 
 so indiscreet arouses distrust. Having so many honors, why does he wish to go to 
 Denver? If he should be elected will he serve the people or will he find more profit- 
 able employment for the enemies of the people? 
 
 THE TWO JOSEPHS. 
 
 For the Williamson County Sun. 
 
 The ancient Joseph was a favorite of his father ; wore a coat of many colors, which 
 was dipped in the blood of a kid by his brothers. The modern Joseph was the favorite 
 of Texas people; has a coat of many colors dipped in oil and called Senator. The first 
 saw the camels coming, the second sang "Campbells are Coming." 
 
 The first was sold by his brothers. The second sold his brethren. 
 
 The ancient Joseph was taken from prison and made prime minister. The modern 
 Joseph has forfeited his right to his present position and should go where the ancient 
 Joseph caiue from. 
 
The Political Life-Story of a Fallen Idol 973 
 
 The first Joseph, by his statesmanship and influence saved the people through 
 seven years of famine. The second Joseph, seven years ago by his influence helped an 
 outlavi^ed trust back into Texas to prey upon his people. 
 
 The first went through the land gathering corn. The second is going through 
 the country, denouncing those who oppose him. 
 
 The ancient Joseph's brothers did not know him when they came to Egypt to buy 
 corn. The modern Joseph's brethren did not know him so well as now, for they see 
 the hand of Esau and hear the voice of Jacob. 
 
 The first Joseph was kind, polite, meek, clean in lip and forgiving. The second 
 is noted for absence of all these good qualities. 
 
 The ancient Joseph assured his brethren of his good will and renewed his covenant 
 with them. The modern Joseph used vulgar, barroom expressions and said he would 
 "bury them face downward." 
 
 The first Joseph bought and sold corn. The second Joseph is dealer in influence. 
 
 The first Joseph's name was changed to Zaph-uath-pa-a-ne-ah. The second Jo- 
 seph's name was changed to "Republish." A fearful degeneration of the name of 
 Joseph. 
 
 The record of the first Joseph is found in Genesis 41 to 50 chapters, said history. 
 The second Joseph's record is found in the proceedings of the Thirtieth Texas Legis- 
 lature and the Standard Oil Company's books. M. S. H. 
 
 "if senator bailey was ?" 
 
 Farmersville Times. 
 
 If Senator Bailey had been a smart man he would not have acted so silly as he 
 has on different occasions. If he was a brave man he would resign his seat in the 
 United States Senate and dare to face the charges against him before the people. 
 If he was an innocent man he would not act so guilty. If he was a religious man he 
 would express real penitence in some manner for the sins he has committed. If he 
 was a representative statesman he would not have intimate pecuniary connections with 
 outlawed and law defying corporations. If he was such a staunch democrat he 
 would not make war on a democratic attorney general for enforcing a democratic 
 anti-trust law. If he was devoted to the welfare of the people he would not have 
 used his brazen cunningness in scheming and assisting an outlawed trust to evade a 
 law devised for the protection of the people. If he was a patriot he would place his 
 country's welfare above his selfish aggrandizement. But this inventory of the imper- 
 fections of Texas' immaculate (?) junior senator may be carried out ad infinitum 
 if we had the time and patience required to finish it. 
 
974 Senator J. IV, Bailey of Texas Unmasked 
 
 CHAPTER XLIX. 
 A STIRRING AND PATRIOTIC ADDRESS. 
 
 By "Cyclone" (J. H.) Davis. 
 
 The following strong address by Hon. J. H. Davis, of Sulphur Springs, is here 
 reproduced for its inherent literary, oratorical and argumentative value, as well as 
 a specimen of the contemporaneous public utterances on this important question: 
 "Shall the People or the Trusts Control this Government?" 
 
 Longview, Texas, March 27, 1908. — ^The following address on Baileyism and 
 Senator Bailey's relations with the Waters-Pierce Oil Company, was delivered here 
 on Wednesday evening by Hon. J. H. (Cyclone) Davis. The address, as an example 
 of campaign eloquence, is a remarkable one, and will repay perusal at the hands of 
 every voter in Texas who is seeking for the real facts in one of the most remarkable 
 political dramas of modern times. The address follows: 
 
 Every patriotic man in the state today should look with unfeigned approbation 
 on Robert Vance Davidson, who, standing up for the principles upon which he and 
 Tom Campbell were elected, and the honest enforcement of law, has put the Standard 
 Oil gang in Texas under a fine of over a million and a half dollars obtained in a 
 conflict never before equaled in Texas courts. He fought millions of money in the 
 hands of a set, which has never hesitated to boodleize, bribe and bulldoze its way 
 where possible. He fought the strongest array of legal minds that the combined 
 trusts of America could put against him. Added to all this opposition has been Joe 
 Bailey with all the weight of his political power and machine with every character 
 of abuse, with all the malignant language that a master mind could invent, traducing 
 and maligning in the vilest way the man and set of men who were fighting the legal 
 battles of the people against some of the most unscrupulous lawbreakers that ever 
 went unhung. Davidson was fighting the gang that Joe used to talk so glibly about 
 putting in horizontal stripes. But Joe had gotten so mixed with the gang, they had 
 been so generous with Joe, their gold and greenbacks, diamonds and jewels were in 
 Joe's casket by the hundreds of thousands In valre, and when Joe looked upon these 
 he was metamorphosed into the mellowest friend of the gang and a most malicious 
 enemy of Davidson, and with the most Intense vehemence wanted Davidson put in 
 stripes. My God, what a change — what a change. 
 
 To defeat Davidson at the polls on this Issue is to say to your next attorney 
 general that if he Is prosecuting some other criminal like Bailey's "friend" Pierce 
 and finds Bailey or some officer aiding and abetting as a pal and party to the crime 
 he must suppress the facts, dismiss the case, lest he might expose Joe Bailey. And 
 there are those who really believe that Joe Is so criminally connected with the lumber 
 trust and other unlawful combines that dread Davidson that he and his kind dare not 
 risk them in office two more years lest he uncover so much of their crime that Joe and 
 his pals won't have oil enough to still the troubled waters In Texas. 
 
 Joe says we hate him. Oh, no, we pity him. We think it indeed a lamentable 
 pity that Joe Is so closely spooned up to that Standard Oil gang that every time 
 Davidson hits the gang he raises a whelp on Joe also. 
 
 Some of Bailey's satelites say that Bailey is a democratic hero. We answer 
 back that he Is a plutocratic Nero. With stoic Indifference to the pleading prayers 
 of his plundered people, he is flirting and fiddling with H. Clay Pierce while dem.o- 
 cratlc Rome burns to ashes. 
 
 When Tom Smith, the then attorney general, found that Joe Bailey, his boy- 
 hood and lifelong friend, had leagued with the Pierce and the Standard Oil gang to 
 defraud Texas, circumvent the judgment of all her courts, prevent the collection 
 of her fines, and make her well won victory a fraud and delusion, he turned to Mr. 
 
The Political Life-Story of a Fallen Idol 975 
 
 Pierce in mortification and grief and exclaimed "you have ruined me politically." 
 And Frederick U. Adams, the paid writer who stands at the head of the Bailey and 
 Standard Oil political press bureau in Texas, admits that Tom Smith died of a broken 
 heart. Let the silent sods on Tom Smith's grave repeat those weird words to Joe 
 Bailey today, ruined, ruined, ruined. 
 
 Calmly reviewing the concrete facts in the case I find Tom Smith, the victim of 
 the clan, laid mute and lifeless under the clay. I find the state of Texas robbed of 
 the most righteous verdict it had ever obtained against that gang of greedy grafters, 
 whose marauding misconduct makes up the history of the Standard Oil trust. Lifting 
 up the veil of six years concealment I find Joe Bailey, the sworn representative of 
 the people who had been robbed and betrayed and the schoolmate and friend of the 
 man who had been ruined as the gloating victor in this drama of fraud standing close 
 by with three thousand three hundred dollars of the robber's money in his pocket, 
 obtained under a pledge that he would try to render unto these buccaneers in this 
 clan of corruption the exact service therein accomplished. Tom Smith saw the out- 
 rageous wrong swept over his head and perpetrated against the state, her courts 
 and his people. He saw its perfidy, its turpitude, and ashamed and shocked thereby 
 he exclaimed "you have ruined me." 
 
 The world understands that Brutus, the friend of Caesar, leagued and conspired 
 with his enemies to betray and ruin him. But no historian has ever suggested that 
 he got $3,300 while he was at it. 
 
 A RECORD OF SHAME. 
 
 For 20 years this Standard Oil gang has defied the law of our Union, defied the 
 law of our states, and made a mockery of our courts. With untold millions they 
 had bound themselves together under the common code of a pirate or highway robber 
 and allowed no man to transact a rival business except upon the heartless terms they 
 were willing to grant. With a vast aggregation of boodle and brains unrestrained 
 by one more virtue they had trampled under foot our most wholesome laws and set a 
 premium on political rascality and judicial debauchery. With their swollen fortunes 
 they raised to place and power an army of their political peons in every department 
 of our government to do their bidding. Almost every political platform of the demo- 
 cratic and populist parties for years had pointed to the havoc of their conduct and 
 demanded their suppression. The Standard Oil Company with its different aliases 
 had been headlined a thousand times as a hideous monster sucking the life blood of 
 a suffering people. Under prosecution and conviction in more than a dozen states in 
 the Union on more than ten thousand counts of criminal conduct, guilty of almost 
 everj^ species of vice and villainy, duplicity and deception, forgery, fraud and false 
 swearing they had festered the body politic with moral depravity in a hundred ways. 
 And yet cognizant of all these conditions, Joe Bailey joins his fortunes to theirs, 
 enters the inner circles of their secret councils, fills his pockets with their pelf and 
 becomes their friend, their flunkey or their paid attorney. If their friend then he 
 deserted his state in her most trying conflict to become the friend, counsel and consort 
 of a lot of her convicted criminals and outlaws. If their flunkey, then let us bow 
 in humility and shame while our senator cowers, cringes and fawns as a servile syco- 
 phant round this gilded gang of frenzied financiers whose morals are the morals of 
 a malefactor and whose only god is gold. If their paid attorney, then his guilt is 
 complete, his crime the more culpable. For it makes clear the fact that he without 
 the love of God or the dread of the devil vacated every vow in his oath of office, turned 
 his back upon his suffering and confiding constituency who looked up to him as the 
 Samson of their Israel and the Solomon of their Judea, and filling his flanks with 
 their filthy lucre he bargained to betray and sell his people into bondage. 
 
 Ah, my friends, this is not a mere matter of men ; men like the fading shadows 
 of a passing day are soon gone, but the principles for which we stand live in the 
 unfading light of everlasting right. 
 
 ' If Joe Bailey is right then Judas Iscariot was a Christian saint and the Christian 
 worlt* should ^uild him a shrine. 
 
976 Senator J. IV. Bailey of Texas Unmasked 
 
 Joe Bailey, training with that Standard Oil gang of putrid pelf peddlers, that 
 basest brigade of political prostitutes that ever disgraced a civilization, assumes an 
 air of imperious insolence and says to Tom Campbell, our patriotic governor, that 
 he must be good, with the mental reservation clearly implied that he must stand by, 
 hold the garments and consent unto the death. While this gang covers Attorney 
 General Davidson with calumny and stones him to death, because forsooth he has 
 been true to his country, true to his party, true to his platforms and demands, true 
 to his oath of office, and faithful execution of the laws of the state has uncovered their 
 infamy, laid bare their treachery, exposed their corruption and condemned their crimes. 
 All of which in their code of ethics are unforgivable sins. 
 
 Again let me call for the question of right and wrong. If Joe Bailey is right 
 then Benedict Arnold was an American patriot and George Washington a venal 
 villain. 
 
 JOSEPH AND JUDAS. 
 
 But they tell us Joe has just made a great speech in defense of the poor and 
 against the Aldrich bill. Praise be unto Joe if this speech came from the abundance 
 of his heart. But it must be remembered that Judas, too, once made a speech in favor 
 of the poor and with great gusto asked why the ointment was not sold and the money 
 given to the poor. Then Jehova rose from his great white throne lest the world 
 mistake Judas for a patriot because of that speech and explained "this he said, not 
 that he cared for the poor, but because he was a thief, and had the bag and bore what 
 was put therein." 
 
 When Joe heaps on us all the bitterness and acrimony that an overflowing gall 
 and swollen spleen, backed by the venom of a poisoned vocabulary, can invent, impelled 
 by that law which makes all things breed after its kind, and as like produces like, we 
 feel prone to answer in like manner. But remembering that God has said to us 
 "never to answer a fool according to his folly" we refrain. But when Joe calls us 
 dogs we answer back that Joe is mad because we won't let him tie oil cans to our tails. 
 When Joe calls us hounds we answer back that Joe is mad because we are hot on the 
 trial of a political polecat. With vilest imprecations Joe and his friends refer to me 
 as a populist. Blessed be that name. It calls to my mind the many sleepless nights 
 and suffering days I spent standing in battle line for an outraged people fighting the 
 trusts and combines that Joe now gangs with and defends. It calls to mind the time 
 when I had the honor to be called a leader among those two million of patriotic 
 voters who stood up to condemn the Baileys and Baileyisms of 15 years ago. But 
 if I were not otherwise proud of the name the term would sound sweet to me when 
 I remember that in 1896 when than transcendent citizen, W. J. Bryan, was nominated 
 by his party, Joe turned his back on him, and with a sneer and a snarl called him a 
 populist, too. 
 
 PARTY AND PRINCIPLES. 
 
 Men are famed in history not because of the political parties they belonged to, 
 but because of the principles they stood for. Thomas Jefferson, whom all true demo- 
 crats honor and feel proud to follow, belonged to the republican party of his day, 
 and called himself a republican, and the only time he was called a democrat was 
 when some purse proud plutocrat like Bailey oozed it through his teeth in slimy con- 
 tempt and thought he was humiliating Jefferson. There was no democratic party 
 In that day; only a few scattering clubs of the common people called themselves 
 democrats. Surely no man is following Jefferson because he was a member of the 
 republican party. In times past I have been disloyal to the organized democratic 
 party, but never dislcyad to its principles. The difference between Joe and me is that 
 Joe stayed to the party but has become a motley, apostate to its principles. 
 
 BAILEY AND BRYAN. 
 
 We all remember well Joe's escapade in 1896 when he became so "sanctified, 
 pure and holy" that he refused to defile and debase himself low enough to run even on 
 the same ticket with that "peerless patriot of the Platte," W. J. Bryan. It would 
 
The Political Life-Story of a Fallen Idol 977 
 
 taint his democracy to fellowship Bryan, but it taints it not when he turns back the 
 tinseled, fringed covered Standard Oil bed and goes to bed with Pierce. 
 
 And while Bryan, that noble tribune of the people, was under fire from the 
 biggest guns of intrenched plutocracy, and while the old democratic ship was being 
 bombarded by every trust in America, Joe Bailey, with an unctuous air of self im- 
 portance, proposed to lay down his arms, desert the ship and go ashore because he 
 would not fight under W. J. Bryan, and with a jeer and gibe denounced Bryan as 
 a populist, saying "he is not my kind of a democrat." 
 
 The history of subsequent years has shown that Joe knew himself better than 
 the world knew him when he made that remark. For, my God, there is no man today 
 who be so lost to the truth of history as to accuse Bryan of being Joe Bailey's kind 
 of democrat. The gulf between them is like that between Dives and Lazarus, with 
 Brj'an like Lazarus on Zion's mountain in Abraham's bosom, while Joe Bailey^ like 
 Dives, is 10 fathoms below — "being in torment." 
 
 Bryan, like the bird of paradise, is soaring in the limpid skies of the people's love; 
 Joe, like the buzzard, his feathers already besmeared with offensive odor, is flying low 
 and lubberly in a hazy mist looking for some rotten trust carcass upon which to alight 
 and fill his maw. Truly and indeed, the most stupid man understands today that 
 Bryan is not Bailey's kind of a democrat. 
 
 bailey's kind of democrats. 
 
 Away back in the formative period of this republic I see another man famed 
 in the world's history for the purity of his democracy, who left us the legacy of 
 liberty that Joe's trusts are trying to destroy. And when in conflict over what they 
 called the consolidation and assumption acts in which the federal government was to 
 assume all the war debts of the colonies, consolidate and fund them all into a basis 
 for Alexander Hamilton's banking and money system which he was seeking to 
 fasten on the people; Smith of South Carolina and Crawford of Georgia, two of 
 Jefferson's friends in congress, it seems got Baileyized, got their pockets mixed up 
 with the Hamilton bonds, or boodle, or bank stock, and deserted Jefferson and the 
 common people, and joined, as JefFerson says, "Hamilton and the monied interests 
 of the East." And Jefferson has left in plain English for the world to read that the 
 prime motive for their acts was that they "feathered their nests with bills." So Jef- 
 ferson, too, was not Bailey's kind of a democrat. In Andrew Jackson's fight with 
 the old United States bank (the trust of that day), when the Biddies with their 
 boodle or blanishments of money had worked a resolution of censure through the 
 senate condemning Jackson for vetoing the recharter of the old bank system, Jackson 
 and his friends found that the leaders of the move with more than a score of their 
 followers in congress owed the bank over one hundred thousand dollars. They raised 
 a storm of indignation and Benton led the fight to expunge the resolution of censure 
 upon the theory that these men were under control of the bank. They turned them 
 down with defeat, yea, with disgrace, and literally spread black ink all over the 
 resolution of censure. So we find that Andrew Jackson and Thomas Benton were 
 not Bailey's kind of democrats. There were some there, but they left with black 
 ink, as it was smeared all over them. When that never conquered but overwhelmed 
 and vanquished chieftain of the South, General R. E. Lee, was approached even in 
 private life and asked to commercialize his conscience and fame and go on the pay 
 roll of a lot of corporate schemers, he answered with a no that still rings its accents 
 along the corridors of time telling the world that he, too, was not Joe Bailey's kind 
 of a democrat. Depew and Piatt, Aldrich and his group who represent Rockefeller, 
 Morgan and Ryan, who all like Bailey and all hate Bryan, steeped and soaked in 
 the insurance frauds, standing up to their neck in most of the steamship and subsidy 
 swindles, who always believes in immersion when it comes to watering the stock of 
 a corporation, who swipe their millions as the swill goes by, they may be Joe's kind 
 of a democrat. 
 
978 Senator J. IV. Bailey of Texas Unmasked 
 
 THE LAW ON BRIBERY. 
 
 Joe brands us as a generation of liars and false accusers when we say he got 
 that money, and then turns at once with loud acclamation saying he got it and will 
 do it again because it has never influenced his vote. To which we answer that there 
 isn't a court in the civilized world that will permit a bribe taker to make that plea 
 in justification of his act. The motive of the bribe giver and the fact of accepting 
 and appropriating by the taker make up the offense in every land. Test Joe's conduct 
 by this doctrine and he is overwhelmed with proof on the face of every document in 
 Davidson's hands and his own confessions make a conclusive plea of his guilt. 
 
 Ah, my friends, let us abate all malice and take it in the most acceptable light 
 in which Joe himself puts it, which is that he has never been corrupted ; that his 
 conduct has been entirely legitimate and proper. Then it follows that if proper in 
 one it is proper in all of our officers. And if Joe can take the oath of office as United 
 States senator with a check for $8,000 of Standard Oil money in his pockets, then 
 the attorney general, governor and every other officer can follow his example. Under 
 this doctrine pass your mind to the future. See the corrosion and corruption and 
 crime that it must breed. The governor and all other of his officers on the pay roll 
 of the gang that plunders the people. The judges and the jury on the pay roll of the 
 scoundrel on trial. The attorney general and prosecuting attorney on the pay roll 
 of the villains at the bar. If Joe Bailey had the moral right six years ago to take 
 Standard Oil money and swamp the state, override the laws, and give right of way 
 to that crowd of rascals, Tom Campbell has the same right now. Let him league and 
 covenant with the gang, pull Pierce's leg for a few thousands, with a wink for more 
 to come, override Davidson in this contest, and provide the plan by which this out- 
 lawed company is to beat its fines and swing back into power and go free. And then 
 every time Davidson or some one else moved for an investigation, say it was a reflec- 
 tion on him. But, my God, why lengthen language in this way. The newspaper 
 men of the country will remember that in his race with Chilton, Bailey charged Chil- 
 ton with bribing most of the country editors because he gave them a dollar and 
 subscribed to their paper. This shows Joe's idea of the influence of money over 
 men (common men I mean) — not like Joe, of course, for his patrician purity is so 
 immaculate that he can stand under the open spill hole of a Standard Oil tank for 
 six years and never get the smell of oil on his garments. He is of the kind that is 
 incorruptible and that fadeth not away. 
 
 He can promenade the corridors of Wall street and 26 Broadway, bask in the 
 festoons and gorgeous flummery of the Waldorf Astoria, with his loving arms around 
 Schwab and the steel trust gang, have them swab him all over and literally line his 
 linen with half million steel trust dollars, send him down to Tennessee as their 
 most trusted servant with ten millions of their property under his control. But it 
 only makes him a better senator; makes him love the people more and love the steel 
 trust less. 
 
 One dollar subscribed for his paper would work the mind, subvert the soul and 
 corrupt the conscience of a country editor, but $225,000 lathered all over Joe by 
 the lumber trust and their allied gangs only adds to the luster of his life and makes 
 him more anxious to serve the people and destroy the trusts. But why bandy words? 
 Sodom of old was completely Baileyized — the vengeance of an outraged God swept 
 the city from the face of earth and crumbled a woman into a pile of salt for even 
 casting one regretful look back on its ruins. 
 
 Ladies and gentlemen, I bid you good-bye. 
 
The Political Life-Story of a Fallen Idol 979 
 
 CHAPTER L. 
 YANCEY LEWIS ON BAILEYISM. 
 
 Hon. Yancey Lewis, former dean of the law department of the University of 
 Texas, yesterday gave a letter to the press, in which he opposes Senator Bailey. 
 
 Mr. Lewis was for many years a personal friend and supporter of Senator Bailey. 
 He introduced the Senator when he made his Cycle Park speech in Dallas in October, 
 1906. The following is Mr. Lewis' letter: 
 
 Certain features of the pending controversy in Texas rest upon undisputed facts, 
 but their significance has to some extent been overlooked. The gravity of the issues 
 involved constrains me to call attention to a few of them. 
 
 STANDARD OIL EMPLOYMENT. 
 
 An analysis of Senator Bailey's employment by the Standard Oil Company, as he 
 stated the same in the legislative investigation, will clear up many matters that are still 
 confused and render other issues now a matter of debate unimportant. 
 
 Senator Bailey testified before the legislative commitee as follows: 
 
 "When the oil discovery at Beaumont was made they (the Standard Oil Com- 
 pany) asked me for my opinion whether they could transact business lawfully in Texas. 
 I gave them a written opinion that they could not and I told them if they attempted 
 it, the officers would be prosecuted and put in prison and their property would be 
 absorbed in fines and penalties. After I sent them that written opinion, they asked me 
 if I was willing to explain it. I went there and I reiterated it" (Record 899) ; that 
 this occurred some time in 1 901 (Record 944) ; that he thought the company sought 
 his opinion in good faith (Record 947) ; "I think wliat they wanted to know was if they 
 could come here and openly engage in business" (Record 974) ; that the ground of 
 of his opinion was that he thought the Standard Oil Company was a trust within the 
 definition of our law; $2,500 (Record 944). 
 
 It thus appears that for a consideration of $2,500, Senator Bailey entered into a 
 contract with the Standard Oil Company, by which he became legally and morally 
 bound to do certain things, to-wit: 
 
 To determine whether under the anti-trust laws of Texas the Standard Oil 
 Company could come into the State and do business and to inform the company of 
 his conclusion. The anti-trust laws of Texas are exceedingly complex and intricate. 
 They seek to define illegal combinations and agreements between individuals, partner- 
 ships or corporations, or any or all of these classes. Assuming that this transaction 
 was entered into in good faith on the Senator's part, it must be accepted as true: 
 
 (a) That as a lawyer. Senator Bailey would not seek to apply the anti-trust 
 laws of Texas to the relations or agreements of the Standard Oil Company with 
 other persons, firms or corporations with the view to determining whether they fell 
 within the terms of such anti-trust laws, defining unlawful combinations and agree- 
 ments, until the facts to which that law was to be applied had been disclosed to him 
 by the company. 
 
 (b) That if the Standard Oil Company had refused or failed to disclose these 
 facts, the Senator would have instantly perceived that it was not acting in good faith 
 and that its employment of him was for a sinister and not an honest purpose; in a 
 word, that no lawyer could be blind to the significance of a proposal to pay him 
 money for an opinion whether a certain law applied to certain facts when such facts 
 were not made known to him. 
 
 (c) That the Standard Oil Company had such confidence in the Senator that It 
 was willing to disclose to him the relations between itself and its subsidiary corpor- 
 ations, as well as its agreements with other persons, firms or corporations, so far as 
 the same applied to the question of lawful or unlawful combinations. 
 
980 Senator J. W. Bailey of Texas Unmasked 
 
 LEGAL EFFECT OF THE CONTRACT. 
 
 If the transaction was in good faith on the Senator's part, as is assumed, it fol- 
 lows that he entered into this obligation to advise the Standard Oil Company with- 
 out any mental reservation whatever, but with the full purpose to apply the law to 
 the facts made known to him according to the best of his knowledge, judgment and 
 ability, and to say that the company, with its methods and relations, could do busi- 
 ness in Texas, if he so concluded, it follows, especially, that he did not intend to take 
 the company's money for advising it that it could not do business in Texas, if his 
 legal conclusion, with reference to the then existing laws of the State, was that it 
 could. 
 
 It follows from the transaction, as a matter of ancient and most thoroughly 
 settled law, that in entering into this contract with the Sandard Oil Company, he 
 Senator was willing to enter, and did enter, into a relation of the highest trust and 
 confidence with it as regards the subject matter of the employment, and that the 
 disclosures that were made by the company to him were matters of the highest priv- 
 ilege, not subject even to be testified to by him under the compulsion of a court, 
 except by the consent of the Standard Oil Company. 
 
 Furthermore, as the Standard Oil Company was known to everyone to be en- 
 gaged in interstate commerce, on a larger scale probably than any other individual, 
 firm or corporation, it would appear to be impossible for it to have made the neces- 
 sary privileged communica'tions to the Senator without involving matters incident 
 to interstate commerce, and which might properly be the subject of the Senator's 
 legislative action, since the regulation of interstate commerce is exclusively com- 
 mitted to the Congress of the United States, of which he was a member. 
 
 MUST HAVE MADE DISCLOSURES. 
 
 If the assumption is correct, that the Standard Oil Company made the disclos- 
 ures essential to be known to the Senator before he could give them an opinion upon 
 the question submitted, it is of vital significance. The secrets of its inter-corporate 
 and contract relations, of its business methods and agreements, this company has 
 sought to guard as men guard their souls; and this is most natural, seeing that these 
 secrets pertain to the very life of the company and the enjoyment of its property and 
 revenues. 
 
 The United States in the exercise of its great powers and the State courts and 
 agencies in the exercise of theirs, have for years sought in vain to obtain this inform- 
 ation in a way to be provable by legal evidence. It is the expectation of the company 
 to defeat the judgment for $29,0x30,000 rendered in the United States Court in 
 in Illinois, upon the ground of lack of proof of these very acts. It will be the en- 
 deavor of the company to defeat the action of the United States to dissolve the cor- 
 poration upon this same ground. That it should be willing to lay these facts bare 
 to a United States Senator under oath to uphold the Constitution and laws of the 
 United States, whose immediate and highest official duties constantly Involve the 
 question of more effective anti-trust regulation in the matter of interstate commerce, 
 and who represented a State noted for its efforts to prevent by law corporate and 
 trust combinations in restraint of trade, is a fact whose import can not escape the 
 dullest mind. 
 
 Neither can the dullest mind fail to perceive, even though it be answered that 
 the Standard Oil Companuy deceived him and did not disclose these, or all, essen- 
 tial facts to the Senator, that by his contract he said to the company that he was 
 willing to have them disclose to him and to padlock his lips with reference to such 
 facts because of the privilege attached by law to communications made by a client 
 to his attorney. 
 
 Not the actual disclosure made, but the amazing fact heretofore unthinkable, 
 that a Senator from this State was perfectly willing to have them made and to re- 
 ceive them in professional confidence as a basis of advice to a monopoly that has 
 done more to destroy the morality of business methods, to break down the proper 
 
The Political Life-Story of a Fallen Idol 981 
 
 confidence between men, to restrict the opportunities of the individual man, to destroy 
 the liberties of the people and to imperil the continuance of our free institutions 
 than all other agencies combined— this willingness is the dreadful fact which this 
 admitted transaction establishes. That the primary assumption is correct, however, 
 we may believe from the Senator's testimony that the ground of his opinion was that 
 the ground of his opinion was that the company was a trust under our law. 
 
 The same facts, made known to him that would make it a trust under our 
 law would go far to establish that it is an illegal combination under the United 
 States laws. These are the facts the United States needed and needs in its present 
 suits, and these our Senator, sworn to uphold its Constitution and laws, can not 
 furnish, because his lips are sealed by his professional relation with the company. 
 
 But, more amazing still, it follows further, as a part of the legal and moral 
 obligation of the contract into which the Senator has entered, that he was willing 
 to undertake and did undertake, without regard to the interest or welfare of his con- 
 stituents or the wishes of the people of Texas as expressed in their statutes or the 
 public policy of the sovereign State, whose ambassador he was, to subject such stat- 
 utes to to the most careful and exact analysis and construction of which his abilities 
 were capable, to apply the results thereof to the facts, relations and methods of busi- 
 ness made known to him by the Standard Oil Company, and if he found that by 
 omission, inadvertance or other causes the statutes of the State failed, when most 
 exactly and truly construed and applied, to cover the very character and nature of 
 the Standard Oil Company's relations, methods and agreements, to advise the com- 
 pany wherein they failed to do so and how and why the company might do business 
 in Texas without reference to those statutes and without regard to the wishes, desire 
 or will of the people of Texas as they had sought to embody the same in their anti- 
 trust laws. 
 
 OBLIGATIONS ON BAILEY. 
 
 As a part of the obligation of the contract into which he had thus entered for 
 the consideration of $2,500 it follows further that inasmuch as the laws of the State 
 are not only expressed in their statutes, but also in the Constitutions, State and Fed- 
 eral, to which such statutes must conform, he was willing to undertake, and did 
 undertake to subject the anti-trust laws of Texas to the most rigid and exact appli- 
 cation of Constitutional rules and prinicples and to bring to bear upon these statutes 
 all of his profound knowledge of Constitutional law with the view and for the pur- 
 pose of pointing out to the Standard Oil Company whatever of Constitutional in- 
 firmity, vice or weakness there might be in the Texas anti-trust statutes, if any, be- 
 cause of which the Standard Oil Company might safely disregard and hold them 
 for naught and openly plunder the Senator's constituents in defiance of their statutes. 
 
 In brief, the Senator entered into a contract with the Standard Oil Company 
 itself, when his official duties related to the facts which the Standard Oil Company 
 must necessarily disclose to enable him to perform his obligation to it, such dis- 
 closures involving the vital facts of the company's corporate relations, agreements and 
 methods, was willing for these facts to be made known to him in the highest con- 
 fidence and to be put in a position where he could never testify to them without the 
 consent of the company, became bound to apply to such facts the laws of his State 
 and to advise the company if they failed to cover the relations and methods thus 
 disclosed to him and to point out the Constitutional defects, if any, in such statutes, 
 rendering them inoperative and to do these things without regard to what he might 
 believe to be the interest, wishes or desire of his constitutnts or to what extent this 
 company might add to its swollen profits from the labor of those who had honored 
 him with their confidence and made him the guardian of their welfare. 
 
 Gen. Lee was the greatest captain of his time, yet it is not believed that it 
 would have been satisfactory to his soldiers or his people, if when Gen. Lee was in 
 command of the Confederate Army at Petersburg, he had entered into a contract 
 with the enemy, for a money consideration, whereby, with full purpose to perform 
 his contract, he became obligated to receive from them knowledge of their numbers, 
 strength, equipment and contemplated assault, and to inform them of the weakness 
 
982 Senator J. W. Bailey of Texas Unmasked 
 
 and defects in the fortifications which the engineers in his army had constructed, and 
 to express an opinion whether they were adequate to resist the enemy's attack, even 
 though, in compliance with his contract, he had expressed the opinion that they were 
 adequate. 
 
 If these conclusions were sound, it seems idle to discuss the question whether 
 the Senator aided the Waters-Pierce Oil Company in getting back into the State, 
 with knowledge by him that it was a part of the Standard Oil Company, when he 
 was willing to enter, and did actually enter, into a contract of the effect and obli- 
 gation, set out above, with the Standard Oil Company itself. 
 
 INTERVENTION FOR WATERS-PIERCE. 
 
 Senator Bailey testified with reference to the first interview between him and 
 Mr. Pierce as follows: 
 
 "I told him the Attorney General was a fine man, had a long time been a 
 friend of mine, and I would take the matter up with him and that I would advise 
 him, upon this showing, to compromise this judgment, allow the company to pay 
 a fine commensurate with its offense against our law and to continue to do business 
 in the State." (R. 838.) 
 
 At this time Attorney General Smith was the chief law officer of the State in 
 the executive branch of its government, with duties and responsibilities defined by 
 law and action that he might take in the premises was official action of the highest 
 importance, under sworn responsibility. 
 
 At this time Senator Bailey was a Senator of the United States and the 
 sphere of his duties was also defined by law, and was separate and apart from the 
 concerns intrusted to the State Government. 
 
 The powers of the two governments. State and Federal, are separate and dis- 
 tinct and it has always been deemed of the supremest importance that they should 
 be kept so. A great war was fought at an incalculable expense of blood and treas- 
 ure to prevent the encroachments of the one upon the other. 
 
 Furthermore, within each government the powers thereof are distributed into 
 three separate departments — the executive, legislative and the judicial. These sep- 
 arate checks each upon the other. It is deemed of the most vital moment in our in- 
 stitutions that these several departments should act independently according to the 
 best judgment of the officers selected to discharge their functions. Upon what 
 right principle could a Senator of the United States leave his sphere of official 
 action, come into the domain of the State power and seek to influence or persuade 
 an officer of the State Government in a matter of the utmost importance in which 
 he was acting officially? 
 
 . Would it be right and proper for him to do so with the Governor of a State 
 or its judges, by private suggestion? 
 
 INFLUENCE OF A SENATOR. 
 
 It is known to all that a United States Senator is usually a man command- 
 ing, if not controllnig, influence in the politics of a State ; his influence is of the 
 same kind and sometimes equal in degree to that which the President of the United 
 States has in his State. 
 
 Would any man contend that Theodore Roosevelt, President of the United 
 States, could, with due regard to sound principles, go into the State of New York 
 and seek to influence its Attorney General, or other officer, in a grave matter of 
 official duty pertaining exclusively to State affairs? 
 
 If the President is forbidden to do so, why not a United States Senator, whose 
 duties are performed under the Federal Government? 
 
 It is true that the principles here suggested have in our history at times been 
 disregarded, but, always, they have been disregarded with disastrous consequences. 
 It was so in Pennsylvania when Quay backed by powerful corporate and special in- 
 terests, annexed to his Senatorial duties the functions of the State Government, 
 filled the State offices with his creatures, controlled the administrative policies of 
 
The Political Life-Story of a Fallen Idol 983 
 
 the State, and thus, in fact, if not in name, overthrew Constitutional Government 
 in that Commonwealth. It is so now in Rhode Island and Connecticut; it has been 
 true at times in New \'orlc. 
 
 LIMITATIONS OF A SENATOR. 
 
 It is not claimed that a United States Senator may not have, and express, his 
 opinions as regards State policies and State officers. The contention goes to this 
 extent, that the soundest and most fundamental principle and reason keeps the sev- 
 eral departments of the Government separate and should keep each of them free 
 and unhampered by the influence of officers in other departments, and especially 
 should keep the State officers, unhindered and uninfluenced in matters of their official 
 duty, by the President or Senators of the United States Government, or other officers 
 thereof; that this is a cardinal tenet of Democratic theory, upon which it has always 
 jealously insisted ; that when disregard of this principle is permitted by the people, 
 they open the door to the gravest ursurpations of authority and invite the most serious 
 menace to the integrity of our system of government, namely, the rule of one man, 
 "the boss," instead of the orderly administration of affairs, by officers chosen by the 
 people and each acting independently within the limits of official duty, defined by 
 law and each a check upon the others, to prevent official wrong-doing. 
 
 When the people permit it otherwise, they forget the ancient and noble maxim, 
 always to be remembered if we are to continue free, that this is a Government, not 
 of men, but of laws. A people that ceases to be jealous of unlawful encroachments 
 by their servants in office sooner or later find that their servants have become their 
 masters. 
 
 THE KIRBY-YOAKUM TRANSACTION. 
 
 B. F. Yoakum testified that he was connected with the St. Louis and San 
 Francisco and the Rock Island Railroads and others; that he purchased about 15,000 
 or 16,000 shares of the preferred stock of the Kirby Lumber Company; that he be- 
 gun and ended the negotiations for this stock with Senator Bailey; that Mr. 
 Campbell and Mr. Pierce were associated with him in that purchase, the whole of 
 which became the property of the Frisco Railway; that "the intention of the pur- 
 chase was for the purpose of what has taken place since, the construction of a 
 railroad through the territory of what is known as the Kirby Lumber Company 
 property, which property supplies a large and valuable traffic and is very largely a 
 northbound traffic, and it puts us in line and closely associated and we work har- 
 moniously with such enterprises, and valuable traffic in the transportation of its 
 product in the country in which we serv'e, through Teras, Oklahoma and Kansas, 
 and the line which we are now constructing between Houston and New Orleans 
 passes through the territory, and it was a part of my original program in carrying 
 out the construction through that territory, and that would serve this territory and 
 furnish this lumber supply, and my object was one of tonnage which, as I have 
 stated, would be the outgrowth or product of that property." (R. 563) 
 
 BAILEY TAKES RESPONSIBILITY. 
 
 Senator Bailey testified: "I take the full responsibility for urging that trade. 
 I believe it was a good one for the Kirby Lumber Company and I believe it was 
 a good one for Yoakum, and I had his interest in view because I liked him." (R. 
 
 885.) 
 
 It is not doubted that the trade was good for \ oakum and for Kirby, but still 
 less is it doubted that it was bad for the Senator's constituents. 
 
 Analyze this transaction. Mr. Yoakum was high in the executive manage- 
 ment of an immense system of consolidated railroads, having trousands of miles of 
 track. These railways penetrated Texas and gridironed Oklahoma, Kansas, Ar- 
 kansas and other States. The Kirby Lumber Company owned a vast acreage of 
 timber lands, so great that it is spoken of by Mr. Yoakum as "territory," and a 
 great number of manufacturing plants. The lumber company was and is the 
 
984 Senator J. IV. Bailey of Texas Unmasked 
 
 largest factor in this lumber business in Texas. Many believe that it was Mr. 
 Kirby's ambition to establish a business that should control the lumber market 
 in Texas, not resting on illegal combinations or agreements, but based upon the 
 impregnable foundation of lawfulness, viz., by means of absolute legal ownership 
 by his company of timber lands and manufacturing plants on a scale so vast that its 
 prices must necessarily rule the market in Texas and to some extent in adjacent 
 territory. 
 
 This is the foundation of the Steel Corporation, which owns the ore in the 
 mines, the lines of transportation, railways and steamships, by which the crude 
 ore is carried to points of manufacture; the smelters and other plants by which 
 the ore is converted into steel, and the manufacturing plants by which the steel 
 is made into all the vast variety of articles of commerce. Owning so great a part 
 of the raw material and of the manufacturing plants, it is able to regulate prices, not 
 by forbidden combinations or agreements, but simply by declaring its own price. 
 
 BAFFLES THE INGENUITY. 
 
 This situation Is the Gibraltar of monopoly. It is the situation that baffles the 
 ingenuity and the knowledge of the opponents of the trusts, for, under our constitu- 
 tional system, it has not yet been found how an owner can be deprived of the 
 right to fix the prices at which he or it will sell his property. 
 
 But whether Mr. Kirby's purpose went so far, no one can fail to perceive of 
 what incalculable advantage it would be to have the lumber company owning the 
 timber lands and the mills, closely identified in interest with one of the great 
 transportation systems of the country traversing the very field in which the lumber 
 company would sell its lumber. 
 
 For years it has been a matter of common knowledge that the original great 
 monopolies of the country were built up by means of the joining of interests of 
 favored shippers with transportation companies, with resulting discriminations and 
 rebates whereby the favored concern was enabled to undersell its competitors, to 
 drive them out of business, to secure their plants and properties at ruinous sacrifices 
 and thus to acquire monopolistic control of trade within certain lines and areas, 
 and by repetition of the same methods to constantly enlarge such areas and so in- 
 crease its business and profits. 
 
 Thus in the beginning was the Standard Oil Company built up. Thus is it 
 known were many other of the corporations enabled to expand into huge propor- 
 tions and to acquire control and the power to fix prices within certain branches of 
 trade and manufacture. 
 
 EFFORTS OF LEGISLATION. 
 
 On this account the State of Texas and the United States have for years been 
 endeavoring by legislation to make the giving of rebates and discriminations be- 
 tween shippers by the railroads unlawful and impossible. 
 
 But the result of Senator Bailey's action was to bring about that very com- 
 munity of interest between the shipper and the transportation company which would 
 naturally cause the latter to favor the former in the matter of rates at the expense 
 and to the destruction of competitors. Indeed, the transaction not only united the 
 railway company and the lumber company in interest, but actually offered a premium 
 in dollars and cents to the railway company to discriminate in rates in favor of the 
 lumber company. 
 
 For through ownership of a great amount of the stock of the lumber company 
 the railway company became a participant in every dollar of profit which the lum- 
 ber company made. If the lumber company's profits increased the dividends on its 
 stock, owned by the railway company, were /ncreased. 
 
 If by discriminating rates the lumber company was able to put its competitors 
 out of business and to enlarge the volume of its own business and profits, increased 
 returns from its stock came to the railway company, while its revenues from ton- 
 nage were not in any wise lessened, since the tonnage was simply transferred from 
 
The Political Life-Story of a Fallen Idol 985 
 
 the competitor to the Kirby Lumber Company. If the Kirby Lumber Company, 
 being thus favored, grew in strength and volume of business until it could arbitrarily 
 fix the prices of lumber used by the people of Texas and the adjacent States and 
 thus artificially swell its profits at the expense of the consumers of lumber the rail- 
 way company would receive its share of these increased profits. 
 
 INCONSISTENT WITH OBLIGATIONS. 
 
 To my mind it was utterly inconsistent with the Senator's obligations to the 
 people and with a due regard for the public policies to which they were committed, 
 having in view the prevention of unjust discriminations between shippers by the 
 railway companies, to cement a union between the Frisco Company and the Kirby 
 Lumber Company, in which every selfish interest and motive would impel the rail- 
 way company to favor the lumber company, at the expense of its competitors, and 
 to aid it in attaining a position in the lumber business, so controlling, that it might 
 measure its exactions from the Senator's constituents simply by their need of lumber 
 and their ability to pay. 
 
 It would be an insult to the Senator's intelligence to assume that he was igno- 
 rant of the general economic propositions here stated. But as to this we are not left 
 to surmise, for in his sworn testimony he shows his appreciation of them, and that 
 he made it the basis of his legislative action. He testified: 
 
 "As I drew that transportation amendment Mr. Yoakum's railroad could not 
 have hauled a foot of the lumber of the Kirby Lumber Company, although they 
 had bought the stock for the express purpose of procuring the tonnage, and in this 
 conversation with me Mr. Yoakum agreed that I was right." (R. 890. ) 
 
 Surely it is not necessary to do more than suggest the question whether the 
 Senator was in consistent relations, when as attorney or agent for the Kirby Lumber 
 Company, he induced the representative of the railroad to buy the stock for the ex- 
 press purpose of procuring the tonnage and then sought, as a Senator, to take away 
 the consideration for which the company had bought it. But with reference to his 
 legal proposition, few lawyers, I think, would agree with him in the view that, 
 though when the Frisco Company bought the stock it became the owner thereof 
 without violating any law, it could have burdens imposed upon such ownership by 
 subsequent legislation, operation retrospectively, and depriving it of the right, be- 
 cause of such ownership, to haul tonnage which it was lawful for it to haul when 
 it became the owner of the stock. 
 
 It appears, however, that the application of the amendment to lumber was not 
 made, and thus, to use a common figure, the Senator's effort to lock the stable door 
 after the horse had been stolen, failed. The point of the objection however, is that 
 whatever the character of his subsequent efforts, he should not have been the man 
 designedly to unlock the stable door in the first place. The best that can be said 
 of this transaction is, that however bad it was in itself, the Senator unsuccessfully 
 sought, in his legislative capacity, to undo the worng he had done his people in his 
 individual capacity. The worst that can be said of it is that, disregarding the in- 
 terests of his people, he effected a trade between the parties, when every impelling 
 motive of mutual profit would cause them to build up a lumber monopoly, if they 
 could, whose exactions would be borne by his constituents. 
 
 STANDARD OIL PROFITS. 
 
 It can not, 01 course, be known what profits, if any, beyond what was reasonable 
 and just, came to the Kirby Lumber Company as the result of the joinder in interest 
 between it and the Frisco Railroad, effected by Senator Bailey. As the result of the 
 readmission of the Waters-Pierce Oil Company, however, it is known that during 
 the six years following it made, on a capital stock of $400,000, profits amounting to 
 $11,292,190. If a profit of 25 per cent per annum upon its capitalization is re- 
 garded as a sufficient return, it still made during these six years $8,469,142.50. 
 
 Assuming that it has made the same average during the subsequent years, it has 
 received the enormous sum of $12,703,713.75 in excess of the profit of 25 per cent 
 per annum on its capital stock. 
 
986 Senator J. JV. Bailey of Texas Unmasked 
 
 Over 60 per cent of these exactions, for in no correct sense could they be 
 called earnings, went into the bursting coffers of the Standard Oil Company. They 
 were taken from the property and the toil of the Senator's constituents, and prin- 
 cipally from those who labor, for it is the farmer in the country, whose children 
 work in the fields, and the laborer in the cities, who are unable to have or pay for 
 the more expensive modes of lighting, who use oil as a necessity of life. 
 
 The magnitude of these exactions is such that the figures convey but little 
 meaning to the ordinary mind. They must be made concrete. Property owners 
 over the State have been greatly disturbed by the question whether under recent 
 laws their tax burdens would be appreciably increased. They can realize the ex- 
 tent of the tribute they have paid to the oil companies if they bear in mind that, 
 turned into the State treasury, it would have come near to meeting the entire 
 expense of the State Government for two years, and near to permitting the wiping 
 out of the entire State tax for that period; that at a valuation of $30,000 per 
 mile it would have constructed a state-owned railroad from Denison to the gulf; 
 that expended in pensions of $15 per month it would have protected from want over 
 7,500 Confederate soldiers for nine years; that added to the available school fund 
 it would have come close to furnishing, without expense, the advantages of in- 
 struction to all the school children of the State for a full scholastic year; that ex- 
 pended in the purchase of homes at an average valuation of $2,000 it would have 
 given 6,000 families the comfort, the security and the independence of the home- 
 stead and its beneficent exemption. 
 
 Instead 68 per cent of this sum went secretly to the Standard Oil Company, 
 and would have gone there openly if the Senator had discovered defect or constitu- 
 tional weakness in our anti-trust law. The revolutionary patriots, placing principle 
 above all other considerations, rose in arms to resist an illegal tax on tea, which 
 would have been inapprecable in amount. If we, their descendants, are worthy of 
 the liberties they gave us, or have the qualities which will long preserve them, 
 the figures above set compel just, but stern, inexorable inquiry how and why those 
 burdens were laid upon us? 
 
 A MORAL CRISIS. 
 
 But not to this phase of the matter do I find it necessary to address myself 
 further. More and more, it has been borne in upon me, as the campaign progressed 
 day by day, that the people of Texas faced an overshadowing moral crisis. 
 
 This conviction has driven me to break a silence which I should have much 
 preferred to maintain. In 1836, the liberties and Constitutional rights of the peo- 
 ple of Texas were threatened with destruction. They faced a great crisis; manfully 
 they met it, and we and all coming generations are their debtors. But the crisis 
 was political. 
 
 In 1 86 1, the reserved rights of the States, guaranteed by the original com- 
 pact of the Union, were threatened. Again the people of the South and of Texas 
 faced a crisis in their destiny, and again, holding principle above all other considera- 
 tions, manfully they rose to the occasion. 
 
 Though blight and ruin and the loss of multiplied thousands of the best 
 and bravest of their sons followed, they brought from out the dread holocaust of 
 war their unbartered convictions and their unpurchasable principles. This time 
 also the crisis was political. In the present juncture, in my deliberate judgment, 
 the citizens of this State again face a crisis, but it is moral as well as political. It 
 is presented in the question : Will a people who have up to this time maintained 
 the Southern traditions, standards and ideals of official conduct, deliberately lower 
 them in order to excuse and condone the conduct of a well-beloved public serv- 
 ant whose practices fall far below them ? 
 
 I have yet to find the supporter of Senator Bailey who will say in public 
 speech or in writing over his signature that he approves and indorses the things the 
 Senator has done. I have yet to find one who will declare that he is willing to write 
 in any declaration of Democratic faith the following plank: "We indorse the 
 
The Political Life-Story of a Fallen Idol 987 
 
 transactions and practices of Senator Bailey and authorize all other representatives 
 and officers to do the same things, under the circumstances and within the limits 
 admitted by the Senator himself," but the Senator says they are right, and if elected 
 can justly say his people expressly approved and indorsed them. 
 
 The Senator has more than once complained that he is the only Senator in the 
 Southern States who has twice been subjected to the humiliation of a public inves- 
 tigation. He seems utterly oblivious to the fact, of tremendous import, that he is 
 the only Senator holding a commission by the free choice of Southern people who has 
 engaged in the practices and done the things which he has done, and which he, for 
 the first time in their history, asks men of Southern blood to uphold and approve. 
 
 The ideals and the traditions of a people are the soul of a people; when these 
 are lowered or surrendered, the soul of a people is loved or surrendered. Far 
 more important, in my judgment, than the institutional forms or Constitutional 
 provisions, under which a people live, are the spirit and principles of the people 
 themselves. If these are high and brave and worthy, they will have good govern- 
 ment, whatever the form ; if these are low or sordid, they will have bad government, 
 whatever the form of their institutions. 
 
 Will the people of a Southern State, for the first time in their existence, 
 place a man above their principles, vote to approve the conduct of a Senator of a 
 sort not known before in their history, and hostile to the traditions and the ideals 
 which the shock and ruin of a dreadful war could not lower or imperil? 
 
 Will they teach their youth to turn from the example of Lee, who said and 
 proved by his life that duty is the noblest word in human speech, and bid them 
 learn that, properly, gain may compete with duty in men's allegiance? This is a 
 moral issue and its consequences will reach far beyond this generation. 
 
 Yancby Lewis. 
 
988 Senator J. W. Bailey of Texas Unmasked 
 
 CHAPTER LI. 
 TERRELL LAID BARE PERFIDY OF BAILEY. 
 
 HOW THE SENATOR SOUGHT TO INFLUENCE TEXAS COURTS AND LEGISLATION. 
 
 The Time, the Place and the Amount Are Set Out in the Record as Given in His 
 Georgetown Address by the Venerable Citizen of Texas. 
 
 Special to The Chronicle. 
 
 Georgetown, Texas, April li. — Hon. A. W, Terrell of Austin, candidate for 
 presidential elector on the democratic ticket named at Waco, addressed a large au- 
 dience this afternoon. Mr. Terrell began speaking about i o'clock. He was greeted 
 with tremendous enthusiasm from the very first, and accorded a genuine ovation at 
 the finish. His speech was made up of a brilliant assemblage of facts, presented in 
 bristling English in which slime and abuse had no part, and was in marked contrast to 
 the vile epithets which made up the greater portion of Senator Bailey's address last 
 Monday. Mr. Terrell said, in part: 
 
 Fellow citizens: For more than 55 years I have represented you or your fathers 
 as lawyer, judge and senator, and there is not one man amongst you who will declare 
 that I ever wilfully wronged him or lied to him. I am here on your invitation, 
 and will speak to your understanding with the language of truth. 
 
 The times are out of joint when a United States senator leaves his post in 
 congress every year to canvass his state in order to prove his own honesty. Joseph 
 Bailey, who should now be in Washington to protect our national interests has pro- 
 jected himself into this canvass for delegate to a national convention; a thing un- 
 heard of until now in this or any other state. 
 
 All political power is inherent in the people — the senator is their servant — and 
 common decency should prompt him to imitate the example of Culberson, Campbell and 
 all the senators in all the state, and restrain him from wanting to go to Denver to 
 write platforms for the people who are his masters. 
 
 ANSWER TO bailey's ABUSE. 
 
 I am told that last Saturday Mr. Bailey here indulged in abusing several gentle- 
 men — myself among the number — after refusing to meet in discussion those who 
 believe that he betrayed the interests of the people. To abuse the witnesses is the 
 old, old dodge whenever a criminal is on trial, but it never diverts the experienced 
 prosecutor from presenting the evidence of a prisoner's guilt. I can not find it in 
 my heart to hate Bailey. I pity him, for when I consider heredity and the environ- 
 ments of his youth I am amazed that he is not altogether depraved. 
 
 I have no answer to his abuse except to say that even as a boy when I hunted 
 in the wilderness, if the slime of a venomous reptile was across my path I looked and 
 step beyond it. The snow of 80 winters has whitened these locks, and I have neither 
 time nor inclination to answer the billingsgate of Mr. Bailey. 
 
 WAS PRESIDENTIAL ELECTOR WITH BAILEY. 
 
 Twenty years ago Joseph Bailey and myself were electors for the state at large. 
 I then admired his intellect, and predicted for him a career of usefulness. He has 
 to a large degree that magnetism and hypnotic gift that often captivates the multitude — 
 for he can hypotnize the weak, bulldoze the timid and deceive the credulous. Thus 
 equipped, he now hopes to succeed through what he believes to be the ignorance of the 
 people. If you are not still under the spell of his oratory I will appeal to your reasoa 
 and not to your prejudices. 
 
The Political Life-Story of a Fallen Idol 989 
 
 HERO WORSHIP. 
 
 Hero worship is not in the nature of any self-respecting free born citizen. The 
 man who shouts with another man's collar around his neck whenever his hero pulls 
 the string, is only imitating the red-shirted monkey who dances to the music of the 
 Italian organ grinder. Some men can never be converted by reason. The ward 
 heeler, the man who is the servant of corporate power, the fool, and the corrupt editor 
 who never commits himself on a great issue until he is paid, are all blind to reason; 
 but the silent voter who, wanting to do right, who loves his country and hates cor- 
 ruption in high places — to him and to him only I address myself. 
 
 WHAT BRYAN THINKS. 
 
 I have been made a candidate for elector at large over my protest, and hope to 
 vote for that pure statesman and friend of the people, William Jennings Bryan. 
 I admire the genius and honesty of that great man. Just a few days ago Mr. Bryan, 
 in Richmond, Va., said: 
 
 "I believe the time will come when a man turns a public office to a private advan- 
 tage he will be whipped from society along with the embezzler of money." Our 
 law puts stripes on those who embezzle money. 
 
 Again, Mr. Bryan said: "Every senator can become rich if he will only sell his 
 soul and the opportunities of the congressman are but little less." 
 
 And again : 
 
 "A man is lacking In either Intelligence or honesty or both who defends the 
 acceptance by public servants of employment from those whose interests are adverse to 
 the interests of the public." 
 
 I propose to show you that if Mr. Bryan is right, Joseph Bailey has no right to 
 be in a convention to nominate William J. Bryan. 
 
 DISCUSSES bailey's WEALTH. 
 
 It has been often stated and not denied that when Bailey was elected to con- 
 gress, executions against him were returned unsatisfied, and that his paper was not 
 worth 30 cents on the dollar. Hon. W. O. Davis, his neighbor, can tell you 
 about that. He is now rated as one of the senators worth one million of money. 
 His rapid success in making money was a mystery to his colleagues from Texas. No 
 one had heard of his large fees as a lawyer, and so the mystery deepened. Some were 
 uncharitable enough to guess that his opposition to an isthmus canal, which, if con- 
 structed, would hurt the great railways that belt the continent by diverting to the 
 wharves of Galveston the commerce of Asia, was In some way responsible for his 
 financial success. Others thought that his great effort (magnified from the reporters' 
 gallery) to deprive the railways of an appeal to the supreme court against rates 
 fixed by the commission was strange for Culberson and the democratic senators opposed 
 him. And every lawyer knew that Mr. Bailey's pet measure would render the bill 
 unconstitutional and so leave the railways to plunder us at will. But all this was 
 after Mr. Bailey got rich. Others thought that he had got tips on Broadway and 
 speculated In stocks, or won on his horse races. And so the mystery of Mr. Bailey's 
 wealth remained. 
 
 Every man knows that no lawmaker If he attends to his duties can make a 
 million of money by clean methods. None of you farmers who strike the yielding 
 bosom of the earth for food and raiment, nor you lawyers who represent them ; none 
 of you merchants who sell them goods, or you doctors who nurse them, can make a 
 million of money by honest methods. 
 
 PREDATORY WEALTH. 
 
 We must not censure men of great wealth when it Is honestly acquired. But 
 riches piled up by our trusted lawmakers through the favor of trust magnates is a fear- 
 ful menace to good government, for what will become of the common people if their 
 lawmakers grow rich through the favor of trust magnates? It is harder now for a 
 
990 Senator J. W. Bailey of Texas Unmasked 
 
 young man to get a start in the world than it was even 20 years ago, for all our in- 
 dustries are absorbed by rich corporations and trusts, and individualism is forced to 
 the wall. 
 
 No man seeking work can appeal to the sympathy of a corporation, for it has no 
 more heart than the iron machines that makes it rich. 
 
 The incorporated trust is like the beast of the Apocalypse which would devour 
 the earth, and pernicious laws are the red dragon which gives power to the beast, to 
 oppress the seed of the woman. 
 
 HOW THE BEAST IS SERVED. 
 
 That trust beast of the Apocalypse has Briarian arms and Argus eyes — for in 
 every state it employs the ablest men to serve it ; it terrorizes its servants with hints 
 of its displeasure when they vote against its methods, and woe to the unhappy laborer 
 who displeases it. Let me illustrate : 
 
 On the day when the silent voters at Austin financed and held their own primary 
 to instruct Mr. Peeler and Mr. Robertson to vote against Mr. Bailey for the senate, 
 my young friend Brooks Haynie telephoned me as follows from South Austin: "We 
 have cast 50 votes all against Bailey, but now the driver of a Water-Pierce Oil wagon 
 is voting and he votes for Bailey." Poor fellow, he had a wife and children and his 
 bread was at stake. Oh, gentlemen! the hope of this country is not in the political 
 rounder, or in the rich and venal politician, but in the silent voter. Our silent voters 
 at Austin had been watching Joseph Bailey at short range and they repudiated him by 
 an overwhelming vote. 
 
 I digress for a moment to correct a statement made at Austin last week by 
 Mr. Bailey, which was without a vestige of truth and which he knew was not true, as 
 all of you do. He said that he did not speak in Travis county when we held the 
 primary that condemned him until the day before the election. He spoke there once 
 in the opera house, once in the skating rink and once at Manor. His henchmen came 
 down from the Panhandle to work. A sleeping car of workers came up from Hous- 
 ton, and a senator brought here from Eastern Texas to speak. I only mention this 
 that you may place a proper value on his veracity. 
 
 METHODS OF THE WATERS-PIERCE OIL COMPANY. 
 
 More than 12 years ago the attorney genera! of Texas sued the Waters-Pierce 
 Oil Company and as an oil trust which by villainous methods had monopolized the 
 sale of oil in Texas. It had crushed all competition by underselling and then sold its 
 oil at twice the amount charged in other states. On a capital of $400,000 it made 700 
 per cent. Over seven millions of money was thus stolen from the people of Texas. It 
 plundered the rich and the poor alike. While it gave light to the votaries of fashion, 
 it levied its tribute on the oil of the poor mother who in the stillness of the night, 
 watched her sick babe. 
 
 Both the supreme court of Texas and of the United States decided that it was a 
 trust, and should be expelled from the state. When Pierce applied to Bailey for 
 help in St. Louis on the 25th of April, 1900, Bailey knew that the supreme court of 
 the United States had decided that the Pierce Company was a violator of the trust 
 laws of Texas and must leave the state. Every^body knew it, and yet he said to 
 Pierce, "If you can convince me — me, Joe Bailey — that you are not a trust, I will 
 see that you have no difficulty in doing business in Texas." I pass his disgusting 
 egotism and ask you to be patient while I trail him with facts, solemnly sworn to— 
 facts that he can neither contradict nor answer. 
 
 The grand jury at Waco indicted H. Clay Pierce as a felon and evidence 
 was at hand to make him pay $105,000 for his oil trust rascality, and the evidence 
 was clear. John D. Rockefeller was co-defendant with Pierce and other oil people. 
 
 HOW PIERCE GOT INFLUENCE. 
 
 Pierce was alarmed and as Mr. Johnson, the Waters-Pierce attorney, swore he 
 "needed political influence" for his company had been branded as a robber trust by 
 
The Political Life-Story of a Fallen Idol 991 
 
 the highest court in the union — and every man in Texas knew and rejoiced at the de- 
 cision. He found his influential man in Joseph Bailey, who had been a schoolmate 
 of our then Attorney General Tom Smith. 
 
 Bailey came first to Waco with H. Clay Pierce and Johnson, his attorney, 
 April 30th, 1900, and was closeted for two hours with Cullen Thomas, the state's at- 
 torney, Stribling, his assistant and H. Clay Pierce. Cullen Thomas swore before 
 the legislature that investigated Bailey in 1901, that Bailey was the first man to propose 
 what Bailey called a "compromise," by which the suit against Pierce should be dis- 
 missed and as an inducement to "compromise" Bailey said that Stribling, the lawyer 
 for the state, should be paid by Pierce a "liberal fee," Thomas swore that Bailey 
 said a "liberal fee," but Bailey swore he proposed it was to be a "reasonable" fee. 
 Just think of it, my friends, to what depth of servility have we plunged when, without 
 rebuke, a senator from Texas can thus try to pollute the stream of justice by proposing 
 to the prosecuting officer of the state that the very man charged with a felony should 
 pay a "liberal fee" to the attorneys for the state, as an inducement to dismiss a suit 
 against himself? 
 
 Was this fair riding or gross jockeying? I knew a man cowhided once for 
 turning a race horse into a rye patch the night before the race so he couldn't run; 
 but the surest way to win is to pay "liberally" the rider of the other horse. Some peo- 
 ple call such conduct an offer to bribe, but now the most flagrant rascality is called only 
 an "indiscretion." I prefer stating facts and let you say what they mean ; but I can 
 never understand why this offer of Joe Bailey to defeat the laws of Texas by pay- 
 ing the attorneys of the state with trust money did not make a finish of him. 
 
 DEFINITION OF BRIBERY. 
 
 The laws of Texas, Article 145, says: "By a bribe is meant any gift, emolu- 
 ment, money or thing of value • * * or the promise of either bestowed or 
 promised for the purpose of influencing an officer * * * in the performance of 
 his duty, as a favor to the person offering the same or some other person." Again 
 our law says, "If any person should bribe or offer to bribe an attorney-at-law to 
 neglect the interest of his client he shall be punished in the penitentiaries by confine- 
 ment not less than two nor more than five years." 
 
 Cullen Thomas, the district attorney, had sued Pierce, Rockefeller and that crowd 
 for $105,000 and had the evidence to win the case. Now give a name to Bailey's 
 conduct when he wanted to "compromise" by buying the lawyer for the state. 
 
 BAILEY APPROACHES JOE SAYERS. 
 
 Unable to shake Cullen Thomas from the oath of duty (for he told them he 
 thought it wrong to do what Bailey wanted), we find Pierce, Bailey and Johnson, 
 their attorney, only a few days afterwards in Austin, registered together in the 
 Driskill hotel. Bailey went up to the capitol ; he called on Governor Sayers, and told 
 him that he thought "that if Waters-Pierce Oil Company or any other 'useful business' 
 wanted to come to the state to continue in it, they ought to be permitted to do so 
 as long as they obeyed the laws." He got no comfort, for "Honest Joe" told him 
 that "he intended to see that everybody and every business did obey the law." 
 
 BAILEY TRIES "INFLUENCE" ON ATTORNEY GENERAL SMITH. 
 
 Bailey then went from the governor's oflRce to that of his old schoolmate, Tom 
 Smith. ^^ Smith, the attorney general, told him that attorneys of Pierce had offered 
 to pay "fabulous sums" for permission to stay in Texas, but he told him "that money 
 was no object when principle was involved." Bailey told Smith. "If you think they 
 could do business legally, on account of a friend, I would be glad for them (the Waters 
 Pierce Oil Company) to be admitted." Smith said to Bailey: "Joe, did you get my 
 note? Have you read our statute on the subject?" Bailey answered: "No; I have 
 not read it." Smith was inflexible, and told him "they could not do business in 
 Texas under the old charter." 
 
992 Senator J. W. Bailey of Texas Unmasked 
 
 Bailey himself swore that he told Pierce that the "only thing left him was to 
 dissolve the offending corporation and organize a new one, and then come back into 
 Texas with clean hands and obey the law." "Clean hands!" Well, all things 
 are possible with God ; but no one but Joe Bailey ever thought it possible that Pierce, 
 the head of the Waters Pierce Oil Company, after plundering from our people by his 
 trust nethod $7,cxx),ooo of money, would ever return to Texas with "clean hands" 
 if there was anything left to steal. 
 
 Pierce followed Bailey's advice by going back to Missouri, dissolving the old 
 Waters Pierce Oil Company, and then he took out a new charter in Missouri for a 
 new Waters Pierce Oil Company, with the same old oil wagons, the old drivers and the 
 same old Standard crowd, who concealed their stock in the name of other people. Tom 
 Smith, hypnotized by his old college chum, permitted the charter to be filed, and from 
 that day to this that company has been at its old game of plundering a patient people. 
 I believe that this blunder of Tom Smith helped to kill him, for he was an honest 
 man. 
 
 Governor Hogg denounced the whole thing as a fraud on Texas, Joseph 
 W. Bailey, according to his own sworn statement, is responsible for all this, and he 
 acted with his eyes open, for only a few days after he came to Austin with Pierce 
 he was told in Waco by Congressman Bob Henry that the Standard Oil Company 
 was in combination with the Waters Pierce Oil Company. 
 
 POLITICAL INFLUENCE. 
 
 Will our posterity ever believe that a Texas legislature would have acquitted 
 Bailey in 1901 of corrupt conduct when all these facts were sworn to before them, and 
 which would have covered any obscure poor man with infamy? True, that legislature 
 did not then know that Bailey, at the very time he was prancing down to Texas, 
 had with him the money of his friend Pierce jingling in his pocket. 
 
 Yes, that legislature not only acquitted Bailey, but when Hon. David McFall, 
 who had made the charges, was on his sick bed and not expected to live, the com- 
 mittee charged him with making a "cruel, vindictive and unfounded" attack on Bailey. 
 
 But Bailey was the senator of our party, and the party must sustain him. Poli- 
 tical parties, like religious sects, know neither reason nor justice when under the party 
 lash. It is the same old spirit of intolerance that counted in Hayes for president, 
 hung Mrs. Surratt, persecuted Gallileo and crucified Christ. The exposure of Bailey 
 by McFall in that investigation seven years ago was the babe in the manger whilst 
 idolatry was on the throne — but revelation and truth have survived the crucifixion. 
 
 BAILEY FROM I9OI TO I906. 
 
 And so Bailey was acquitted, and for five years grew more and more wealthy. 
 The newspapers in Washington rate him as a millionaire, but the methods that en- 
 riched him remained still a mystery. Sometimes we would hear of him in Kentucky 
 on his blue grass racing farm ; sometimes that he was dealing with Kirby, the lumber 
 magnate, and sometimes his friends would say that he made much money in the stock 
 exchange; but no one knew until last September that his name was in the cypher codes 
 of the Standard Oil, or that H. Clay Pierce had become his "dear Pierce," and had 
 staked him when he wanted money. 
 
 DAVIDSON OPPOSED HIM, AND HE NOW HATES DAVIDSON. 
 
 You all know the people were in absolute ignorance of what Bailey had been 
 doing, and voted for him in the primary election of 1906. Davidson found out 
 after that, in St. Louis, how Bailey had grown rich by serving the "interests" and got 
 possession of the papers to prove it. Their publication startled the people, and con- 
 sternation was in every face. What was to be done ? Good men petitioned Chairman 
 Carden of the state democratic executive committee to call his committee together 
 to give the people a chance for another vote. He refused, for Bailey had put him 
 there, and he protested against criticising Bailey's conduct, because he said it would 
 
The PoUiical Life-Story of a Fallen Idol 993 
 
 "injure the party." Oh, gentlemen, the party lash should have no terror for an honest 
 man! Had the executive committee done its duty this primary election would have 
 been held last fall, and Mr. Bailey would never have been sent back to the senate. 
 
 BAILEY FLINCHED FROM A SECOND INVESTIGATION. 
 
 Bailey denied the notes and telegrams discovered by Davidson, and said they were 
 forgeries. He howled over the state, as he is now doing, and refused to speak from 
 the same stand with men who opposed him. Confronted at last with the papers that 
 showed him the confidential servant of the trust leaders, he was compelled to admit 
 they were genuine. Then he tried to prevent an investigation by the legislature last 
 year by saying it was not necessary. 
 
 MACHINE POLITICS OF SPEAKER LOVE. 
 
 The legislature met and was treated to a long lecture by Thomas B. Love, 
 speaker of the house, on the duty of sticking to Bailey "as the nominee;" and the lifted 
 gavel in his hand reminded the members to sing low if they wanted him to recognize 
 ihem. Machine politics was busy, and the terror of the machine lash alarmed the 
 timid. 
 
 CONSCIENCE ABOVE MACHINE POLITICS. 
 
 Right here I want to say that it is more important for the voter to have a 
 clear conscience than to violate it by sustaining a nominee after his corruption is dis- 
 covered. I was a member in 1857 of the first state democratic executive committee 
 ever organized in Texas; twice since then as the chairman of committee on platform 
 I have written the party principles of Texas, but I never yet saw the day that either 
 machine politics or a political boss could make me vote for a man whom I knew to be 
 unworthy and not to be trusted. Whenever our people believe that machine politics 
 and boss rule should prevail over patriotism and conscience, their necks are ready for the 
 chains of despotism. 
 
 You who think that a voter should never scatch a corrupt name from his ticket 
 go and read the printed address of Washington to his countrymen. So the fear of the 
 machine saved Bailey. 
 
 THE WHITEWASH OF I907. 
 
 True men in vain insisted that Mr. Bailey's case should be investigated before they 
 elected a United States senator. The watchword was, "Stick to Bailey as the nom- 
 inee;" first elect him and investigate his conduct afterward. And this they actually 
 did. This was like the man who was warned that is daughter was about to marry 
 a thief and who said. "Let them marry and we will then investigate:" or like the 
 farmer who was warned that Johnson grass was mixed with his sorghum seed, but 
 who sowed them first and investigated afterward. 
 
 In vain did members of the investigating committee ask leave to go to St. Louis 
 and examine there Mr. Pierce and his books. In vain did good men strive to make 
 Bailey deport himself with decency. 
 
 He not only denounced the witnesses as liars without rebuke, but actually dic- 
 tated who should examine him. Mr. Cocke, a member of the house, who wrote the 
 charges against Bailey, could not examine him because Bailey protested. And he 
 (Bailey) calls this an "investigation!" For five weeks he strutted back and forth be- 
 tween the Driskill hotel and the investigating committee room with his bodyguard 
 of corporation employes, book agent lobbyists and sleeping car attorneys and the at- 
 torneys of H. Clay Pierce. And so the miserable farce dragged on, and all that time 
 Mr. Bailey was drawing pay as a United States senator while congress was in session. 
 
 H. CLAY PIERCE's ATTORNEY ON THE COMMITTEE OF INVESTIC.'VTION. 
 
 _ Judge James H. Robertson, the attorney employed to defend H. Clay Pierce for 
 perjury, was on that committee, but they were mistaken in the man, for that clear- 
 headed lauTer voted against whitewashing Bailey ; but Wolfe, Odell and Cobbs, who 
 are now in the band wagon with our spotted senator, were then active in his service. 
 
994 Senator J. W. Bailey 'of Texas Unmasked 
 
 But after all, the committe of investigation was a hung jury, for, although a 
 majority of the house committee acquitted the senate actually dismissed its committee 
 before it could return a verdict, for it was known that a majority of them would con- 
 demn Bailey. The legislature, thus side-lined, hobbled and bulldozed with the state 
 cry that "Bailey is the nominee," deliberately acquitted him over a protest of over forty 
 representatives who voted against him, and refused to whitewash. 
 
 HOW AND WHEN PIERCE FURNISHED MONEY AND BAILEY FURNISHED INFLUENCE. 
 
 But that investigation has shown us how our senator got rich. Give me for an 
 instant your patient attention while you follow me in dates and facts revealed to that 
 committee which must brand Bailey with treachery to his people, and that brand will 
 cling to him, like the shirt of Noesus, forever. 
 
 On April 25, 1900, the very day that the mandate of the United States court was 
 filed in Texas which declared that the Waters-Pierce Oil Company should be driven 
 from the state, Bailey first met Pierce, a stranger to him, in St. Louis. The lawyers 
 of Pierce had failed to save him; he needed political influence. The man who would 
 soon be a senator from Texas, and who had been the schoolboy chum of Attorney 
 General Smith, was of all men the very man that Pierce needed. Bailey was poor 
 and wanted money, and Pierce needed him. Then and there Pierce told him of his 
 troubles in Texas, and Bailey informed him that he did not think he would have 
 much trouble. Then and there Bailey borrowed from this stranger $3,300 and agreed 
 to return to Texas and help him, and in eight days is in Waco trying to "comprornise|| 
 with the state. His lawyers had offered Tom Smith "fabulous sums" to "compromise." 
 Don't you believe Pierce told Bailey about that? Smith swore that nothing was 
 said about "bribery" to Bailey when the $3,300 was loaned. The smooth agent of 
 a trust never employs so ugly a word ; but Bailey understood it, for on the books of 
 the oil company it was entered as an expense item of $3,300 paid "on account of Texas 
 cases," and was afterward charged off to profit and loss. On the i8th day of July, 
 1900, Pierce signed a receipt in favor of the Waters-Pierce Oil Company, showing 
 that he had collected from the company $3,300 and he was thus reimbursed in full by 
 the company. Thus in an evil hour Joseph deliberately placed both his feet in the 
 oil trough and was compelled to go forward, for he was poor and the charming glitter 
 of gold suggested the road to fortune. 
 
 HOW AND WHEN BAILEY BORROWED MONEY FROM PIERCE. 
 
 Since the revelation by our present attorney general we now understand Mr. 
 Bailey and the methods that made him rich. I am about to show you how Joseph 
 Bailey in 1900 prostituted his influence as our senator to fasten on this state the fangs 
 of the oil octopus which he helped Pierce to reintroduce, and that the money of the 
 Waters-Pierce Oil Company was in his pocket at every step. 
 
 You must not forget that the Waco judge held that when that oil company 
 surrendered its charter no execution for penalties could be satisfied from its property, 
 and the judgments of the state on account of its illegal acts amounted to nothing. And 
 so Senators Grinnan and Paulus, on February i, 1901, offered a bill in our state sen- 
 ate to make the property of a defunct corporation liable for penalties recovered against 
 it, and on February 27, 1901, Mr. McFall offered a resolution that the readmission of 
 the Waters-Pierce Oil Company into Texas was fraudulent and void. Both bills 
 were reported favorably. March i, 1901, Pierce was alarmed and hurried from St. 
 Louis to Washington, for he again wanted influence, and so on March i, 1901, Bailey 
 signed the following note without interest: 
 
 $8,000. Washington, March I, 1901. 
 
 Four months after date I promise to pay to the order of H. Clay Pierce eight 
 thousand dollars at his office in St. Louis; value received. 
 
 J. W. Bailey. 
 
The Political Life-Story of a Fallen Idol 995 
 
 That $8,000 figured on the books of the Waters-Pierce Oil Company among 
 "bills receivable" and to "legal expenses on account of Texas litigation" until June, 
 1902, and then was charged off to "profit and loss." No payment is shown on the 
 books of the oil company. 
 
 March 4, 1901 — Bailey took the oath in open senate as a senator from Texas. 
 
 March 7, 1901 — Three days after that Mr. McFall's resolution was reported 
 favorably in Texas. 
 
 March 9, 1901 — Two days afterward the Grinnan and Paulus bill was made 
 the special order in the Texas senate for March 13. 
 
 March 10, 1901 — The Washington correspondent of the Dallas News telegraphed 
 that Bailey would leave for Austin the next day. 
 
 And so this man, who only six days before took his seat as our Senator, hurried 
 away from it as a place of no value. Mere friendship for Pierce surely did not con- 
 strain him to quit his post in Washington to become, as we will see, a lobbyist in 
 Austin. 
 
 Oh, gentlemen, mere friendship for Francis, or "My Dear Pierce," could not 
 have made Bailey turn his back on the American senate chamber, where he had 
 struggled so long to get, and to take a journey of a thousand miles only eight days 
 after he was seated there. Follow these dates in connection with Bailey's acts, and 
 then give your judgment fair play. When passion rules reason is dethroned. Follow 
 boldly when truth leads you, no matter what you have thought, for the only men who 
 can not be changed by reason are fanatics or fools. 
 
 March 12, 1901 — The Washington telegram to the Dallas News announced that 
 Bailey was on his way to Austin to fight the Grinnan bill and the McFall resolution. 
 
 March 14, 1901 — ^The Driskill hotel register shows that Bailey arrived in Austin 
 (and the American senate with all his honors was forgotten, for "My Dear Pierce" 
 needed him). 
 
 March 15, 1901 — Bailey gave out to the press that he opposed the McFall 
 resolution. 
 
 March 27, 1901 — Paulus published an open letter to Bailey, saying that it was 
 reported he had come back to Austin to defeat his bill, which would render the prop- 
 erty of an infamous oil trust corporation liable for penalties after its dissolution. That 
 letter was never answered. 
 
 Bailey had fixed the legislature and went home, H'e naturally felt that he had 
 earned money, and so, on the next day — March 28, 1901 — he wrote to Pierce the fol- 
 lowing letter: 
 
 Mr. H. C. Pierce, St. Louis, Mo.: 
 
 March 28, 1901. — My Dear Pierce: Send me New York exchange for $1,750. 
 Have it made payable to my order so it will not be necessary for you to indorse it. 
 Send it at once. I ought to have had it several days ago. 
 
 Your friend truly, 
 
 J. W. Bailey. 
 
 Bailey had been at work lobbying and did not want the name of Pierce on a check 
 that brought him money. 
 
 April I, igoi — Four days after that the Grinnan bill passed the senate and went 
 to the house. 
 
 April 2, 1901 — On the very next day (April 2) the house committee reported 
 favorably on the Grinnan bill, in spitt of Bailey's opposition ; and again there is great 
 fear in the camp of H. Clay Pierce, for the register of the hotel shows that Bailey 
 returned and spent the next day in Austin. So he returned with $1,750 of Pierce's 
 money in his pocket. 
 
 April 9, 1901 — The legislature adjourned; for want of time it did not pass the 
 Grinnan-Paulus bill, which died on the calendar, and the McFall resolution also; 
 and thus Pierce triumphed through the help of our junior senator. 
 
 Bailey admitted that in March, 1901, he received, direct from the headquarters 
 of the Standard Oil Company, No. 26 Broadway, New York, a fee of $2,500, paid to 
 him for his legal opinion that they could not do business in Texas. Any fool in Texas 
 
 11-32 
 
996 Senator J. W. Bailey of Texas Unmasked 
 
 could have told them that; they knew it, but our legislature was in session, Pierce was 
 in danger, and his partner, the Standard Oil Company, adopted this shrewd way of 
 greasing Mr. Bailey's path. 
 
 June 12, 1900 — But the year before all this, in 1900, the Waco cases were pend- 
 ing, and Stribling, the attorney for Texas, was threatening to place the Waters-Pierce 
 Oil Company in the hands of a receiver; and so, on June 5, 1900, George Clark had 
 written to Johnson, the attorney for Pierce, that he had better "have Bailey" communi- 
 cate with Stribling. 
 
 Just seven days after that letter, on June 12, Pierce telegraphed as follows: 
 
 Andrew M. Finlay, St. Louis, Mo. 
 
 Lake Nebagemon, Wis. June 12. — If Johnson approves, authorize Bailey to loan 
 Stribling on his note fifteen hundred. Bailey should quiet all Texas parties. Tell 
 him I will see him soon. H. Clay Pierce. 
 
 What! Joe Bailey loan money for Pierce, the millionaire! Bailey, the man whose 
 paper but a short time before was not worth 50 cents on the dollar! Wliy select 
 Bailey to quiet Stribling by "loaning" him money? 
 
 Ah, gentlemen. Pierce knew his man! Only a few weeks before he witnessed the 
 fine Italian hand of our Joseph when in Waco he proposed to "compromise" the rights 
 of Texas by paying a "liberal fee" to this same attorney, Mr. Stribling, while he was 
 the attorney for the state. 
 
 June 13, 1900 — On the very next day, June 13, 1900, J. W. Bailey thus au- 
 thorized, drew his sight draft on Pierce for just $1,500. But Stribling swore he 
 never got a dollar of it. 
 
 Is this the money which Odell says Bailey used to buy groceries? Yet Stribling 
 failed to make trouble, for in November, 1900, the Waco cases were dismissed, and 
 then Stribling went to St. Louis and received from the Waters-Pierce Oil Company 
 $3,lOO^as a "compromise fee?" — no, but for "services to be rendered in the future." 
 
 This new way of hiring a lawyer to render future services must be a revelation 
 to corporation attorneys. Is Stribling now earning his fee for "future services?" He 
 is reported to be active for Bailey, as is also Judge Scott, who was closeted with Pierce, 
 Bailey and Stribling in Waco when Bailey wanted to make that strange "compromise." 
 
 June 10, 1901 — Bailey then began to prosper, for on June 10, 1900, Pierce 
 directed the secretary of his oil company to send him at Gainesville, exchange for 
 $1,750, and that money was charged up by the oil company to account of "legal ex- 
 penses in Texas legislation." 
 
 And now this veiled prophet of Khorasan, this senatorial friend of Pierce, caught 
 him with the goods on, and exposed, makes a virtue of necessity and has confessed 
 that he brought back to Texas that "great trading corporation," and that he, being 
 an honest man, can represent public service corporations, while a senator, though other 
 people can not. 
 
 On August 8, 1900, he said in a Waco convention, "Do we, as democrats of 
 Texas, believe that we have fallen so low as to elect a senator who sells his services 
 to corporations? I do not believe that time will ever come." At that very time he 
 had $4,800 of the money of the Waters-Pierce Oil Company in his pocket. 
 
 WHAT BAILEY POCKETED FOR HIS INFLUENCE. 
 
 But why pursue further in detail the crooked trail of our Joseph, with the mantle 
 of many colors. Every single fact stated by me has been established by testimony 
 as true. Bailey was confronted with the notes, letters and telegrams, and could not 
 deny them. Why dwell on his borrowing $28,000 from John W. Gates, without 
 interest and his subsequent change of heart when he ceased his opposition and supported 
 the Port Arthur bill so dear to Gates? The sworn statements of witnesses have 
 established that his fees for services and money borrowed from public service corpora- 
 tions amount to nearly half a million of money. And yet during all that time no 
 man has ever stated that Mr. Bailey rendered any legitimate service as a lawyer in the 
 
The Political Life-Story of a Fallen Idol 997 
 
 court house. No man knows what "nameless service unexpressed, and from its wages 
 only to be guessed" was rendered to the cause of predatory wealth to make up the rest 
 of Mr. Bailey's million-dollar fortune. 
 
 THE SENATOR AND THE PREACHER. 
 
 The American senator should, I think, be as careful of his reputation as a Chris- 
 tian minister. Let us suppose that a Christian professor in your great university here 
 had been led by a bad student into a house in St. Louis of ill-repute, he being ignorant 
 of its character. The good man would never be believed if he did not denounce the 
 man who deceived him and compelled him to explain it. But now, suppose that minis- 
 ter had been found soon after in company with that same young man in just such an 
 evil house in Memphis and New Orleans, and never even called on the young man 
 to vindicate him against suspicion ; how long would that professor be tolerated in 
 your university? 
 
 bailey's devotion to PIERCE. 
 
 If Mr. Bailey had come out and denounced Pierce for deceiving him in charging 
 oflE Bailey's loans to "profit and loss," and entering them on his oil books as money 
 spent "on account of legal expenses," and all that, we might possibly still have trusted 
 him, but this "president of the Race Horse Club of America," this jockey of the quar- 
 ter-stretch, detected in his secret transactions with Pierce, clings to him still with 
 the tenacity of devotion. The scorching flame of public censure can not sever the tie 
 that binds Bailey to his "dear Pierce;" and Pierce reciprocates the devotion, for his 
 attorney, Johnson, testified that Pierce would come to Austin and testify, "if Bailey 
 wanted him." And that, too, when Pierce was dodging an arrest under a charge of 
 perjury. 
 
 how corporations get influence. 
 
 When a corporation chief wants to secure the influence of a public official by 
 using money, he surely will not take the man out before witnesses, and after stuffing 
 money in his pockets say "There now, I've bribed you." No! No! Loans and pres- 
 ents are less dangerous. The Arabs say, "Give a man a horse, and you own him." 
 The Bible says, "The borrower is servant to the lender." And all people in all ages 
 recognized this truth until the advent of Mr. Bailey. 
 
 HOW DEMOSTHENES FELL. 
 
 Well, to illustrate: Demosthenes, whose eloquence still charms the world, was 
 visited by King Harpolus, who, with his ships had fled from the services of Alexander. 
 He wanted protection from Athens. Demosthenes first advised that he be sent away, 
 but he visited Harpolus, and, admiring with longing eyes a gold cup of the king, asked 
 him what it was worth. The king answered, "It will bring twenty talents," and 
 that night the king sent Demosthenes the cup with twenty talents in it as a present. 
 Next day Demosthenes appeared before the people with his neck enveloped in flannels, 
 saying he was hoarse and could not speak. The clear-sighted Greeks said he was hoarse 
 from swallowing gold. Harpolus was sent off to keep him from corrupting more of 
 their orators. Demosthenes was indignant (just like Bailey) at the popular suspicion, 
 and asked the court of the Areopagus to investigate and punish any one guilty of brib- 
 ery. They took him at his word, and he was the first man convicted. That illustrious 
 orator escaped from prison and died in exile by his own hand. 
 
 No man swore he was bribed, but he was "caught vvith the goods on" (just as 
 Bailey has been). Harpolus was no enemy to Greece; he was only seeking refuge. 
 If Harpolus had robbed the Greeks of $7,000,000 through a monopoly, and Demos- 
 thenes had then received this gold cup and refused to denounce him, those Greeks 
 would have hung him. Oh, gentlemen, that court of the Arsopagus, sitting on the 
 high cliff towers above the rock-hewn prison of Socrates, with no roof but the blue 
 vault of heaven and looking across the Piraeus to where their ancestors had captured 
 or sunk the ships of Xerxes at Salamis, knew the methods of Philip, who gave presents 
 
998 Senator J. IV. Bailey of Texas Unmasked 
 
 to bribe their leaders — that Arsopagus who had listened so often to the eloquence of 
 Demosthenes, knew how to detect and punish treachery to the state, and to punish ava- 
 rice and bribery. 
 
 HOW LORD BACON FELL. 
 
 Nearly two hundred years ago, Lord Bacon, the lord chancellor of England, fell 
 because he gave the weight of his great name to a monopoly for making gold and silver 
 lace and received presents from those who had cases before him. Helping a monopoly 
 was the first sin of Bacon — helping the monopoly of oil was the first discovered sin 
 of Joe Bailey. Our grand ancestors charged him with bribery and he confessed 
 it, though no man swore that he ever offered to bribe him. He was in debt (like 
 Bailey), loved money and received presents from those who had suits before him. 
 No man has ever charged that his decisions were wrong — but he received presents, 
 and then confessed to bribery without a trial. This great but corrupt man whose 
 intellect has shed light on all the realms of human knowledge, was for bribery de- 
 graded, imprisoned, fined and prohibited from ever visiting the scenes of his former 
 greatness. 
 
 bailey's malice, egotism and vulgarity. 
 
 At Austin, 1907, Mr. Bailey denounced all the gentlemen of the last legisla- 
 ture who refused to whitewash him, as scoundrels, liars and hyenas and rogues ; 
 that he intended to have a rogues' gallery in which their pictures should be hung, 
 and that he would drown them in the gulf. He not only thus branded himself then 
 as a boasting vulgarian, but violated a rule of common decency, for he was then 
 speaking as a guest in the house of representatives. He declared that he wished 
 for the venom of a snake, that he might make it hiss in his words, and said that he 
 would teach his children to hate your legislature. When did he graduate in billings- 
 gate? Was it in the corrupt atmosphere of that saloon at Crystal Springs where he 
 passed his neglected boyhood ? Did he learn it on the quarter-stretch of his Ken- 
 tucky race track where he drove his own horses, or did his stable boys instruct him 
 in their slang? 
 
 MR. bailey's fort WORTH OVATION. 
 
 His ovation at Fort Worth was a spectacular affair, carefully prepared to catch 
 the men who never think — and who forget that the "interests" have money and know 
 how to charter sleeping cars with bands of music, and to cook a mock enthusiasm. A 
 chief of police accompanied by detectives and armed policemen escorted him from 
 the railroad depot at Fort Worth and shouted his praises. With muscular voice, 
 sanctimonious visage and imposing gesture he greeted his obsequious followers and 
 accepted their adoration. Is this the way to instruct the human mind in truth? 
 Sometimes he exhibits the ferocity of the race track bully, and then with rubber 
 shoes he touches the soft pedal as he lays his fat hand over the breast where a heart 
 should beat, and with bowed head he exclaims, "I have done no wrong." H5s own 
 friends, disgusted with his gross vulgarity, compelled him to comparative decency at 
 Fort Worth, but a few days after that he broke loose again at Gainesville, for he 
 called on his friends to make it Impossible for his opponents to live in that town. 
 He improved on his former wish to drive them into the gulf and said that he wanted 
 them burned in a fire twice as hot as the one that consumed a house there. 
 
 And thus it is that this shameless boaster struts from town to town, escorted by 
 the shackled tribe of corporate agents, text book lobbyists and servile worshipers, to 
 insult our people. 
 
 This campaign was provoked by his treachery to clean government, and his 
 hypocrisy can not have the support of Christian men. If, as he asserts, 90 per cent 
 of our preachers sustain him, we need a new tribe of gospel ministers. But that 
 vain boast has only as much truth to sustain it as there was in his oath before the 
 investigating committee of 1901, when he swore to tell the whole truth and yet con- 
 cealed all his cash dealings with his "Dear Pierce." In all my acquaintance I have 
 heard of but one minister of the gospel who ever excuses his treachery to Texas. 
 
The Political Life-Story of a Fallen Idol 999 
 
 Themistodes, tall and eloquent, towered above all Greeks. He was the hero 
 of Salamis, but became a traitor to his country and lived a pensioner on the Persian 
 king. History is filled with such examples, and our junior senator is the very sort 
 of man referred to by Cicero when he says that all commonwealths have been de- 
 stroyed by the eloquence of ambitious young men. 
 
 Eloquence that captivates without convincing is a poor substitute for reason. 
 I am told that in a speech of two hours here last week Mr. Bailey did not refute 
 one single accusation about his dealings with Pierce and public service corporations, 
 nor utter one word of censure against Pierce. 
 
 WHAT TEXAS CAN NOT AFFORD TO DO. 
 
 Texas can not afford to send a delegate to Denver whose employment by Gates 
 and the Standard Oil people places him on a par with embezzlers. \i Mr. Bryan's 
 standard of civic virtue is correct, Mr, Bailey should be wearing stripes. 
 
 Texas can not afford to send to Denver as a delegate a man whose crooked trail 
 has been oiled by predatory wealth. 
 
 Texas can not afford to send to Denver as a delegate a man who opposed 
 Senator Culberson, our leader in the senate, on the rate bill and on every measure 
 of great importance. 
 
 Texas can not afford to send to Denver a delegates whose name is among good 
 democrats the synonym of duplicity; whose honesty is questioned, and whose charac- 
 ter had to be whitewashed whenever he was elected. 
 
 The democracy of this country has no use for a millionaire senator when it makes 
 a national platform. A millionaire requires all his time to attend to so large a for- 
 tune, and has not time, even if he had the inclination, to look after the interests of 
 common people. 
 
 We can not afford to send a delegate to Denver who admits that he was the 
 employed agent of an oil trust magnate, even if he is honest. 
 
 Texas can not afford to send to Denver a senator who is continually leaving 
 his place in the senate to canvass among his own people in order to prove that he is 
 honest, and has not been bribed. 
 
 REBUKE BOSSISM. 
 
 Let us rebuke the boss rule which now threatens Texas and let no man delude 
 himself and stay away from the polls — for the sluice gates of corporate wealth will 
 be wide open, and its slush fund will be everjfwhere to corrupt, and if necessary to 
 doctor your ballot boxes. Put none but unbought democrats on guard, and who will 
 not sail in that low, black, rakish ship with Bailey at the helm, and painted on her 
 sides the words, "We love boodle and our friend Pierce." But send true men, and 
 then the old democratic ship with her white sails shining in the sunlight and her 
 streamers floating to the breeze, bearing as their motto, "Equal rights to all men," 
 though buffeted by the storms of democratic treachery, will sail triumphant into 
 port, amid the cheers and blessings of an unbought democracy. 
 
1000 Senator J. W. Bailey of Texas Unmasked 
 
 ADDENDA. 
 POST ELECTION COMMENT. 
 
 San Antonio, Texas, May 5th, 19O3. 
 
 On May 2nd, 1908, a special Democratic Primary Election for Delegates at 
 Large to the Democratic National Convention at Denver, Col., June, 1908, was held. 
 Hon. Cone Johnson, of Tyler, Hon. Cullen F. Thomas, of Waco, Hon. Lee Young, 
 of Stephenville, and Hon. Thad. T. Holt, of Houston, were the candidates nom- 
 inated by the Waco Anti-Baileyism Convention of March 7, 1908. J. W. Bailey, 
 of Gainesville, M. M. Brooks, of Dallas, A. J. Baker, of San Angelo, and James 
 L. Storey, of Lockhart, were the candidates nominated by the Bailey Fort Worth 
 Convention on March 28, 1908. 
 
 The election, according to returns to this date, indicate that Mr. Bailey's ticket 
 received about 120,000 votes, and the Johnson ticket about 100,000. Mr. Bailey 
 had been claiming that he would receive at least 100,000 majority. Many of the 
 counties of the State, — those freest from corporate domination, ignorance and the 
 liquor interests, gave majorities against the Bailey ticket. The latter ticket en- 
 joyed the support of a thoroughly organized machine, that had been built up for three 
 years including most of the regular party machinery, — state and local. It was 
 evidently supplied with all the funds necessary to the dissimination of unlimited 
 amounts of literature. Every trick and artifice of fraud, deception, concealment and 
 misrepresentation were employed to bolster up the falling fortunes of the Standard 
 Oil Senator from Texas. 
 
 Bailey had long professed devotion to state-wide prohibition, having taken the 
 stump therefor in 1887, and having, reiterated his position thereon in a speech in 
 the Senate, February 7th, 1905, (Congressional Record Vol. 39, page 1973). In 
 spite of this, however, Bailey gave out an interview in November, 1907 to the editor 
 of a German paper at Houston, declaring his opposition to state prohibition. That 
 interview was printed at the time in German only and was a shrewd political scheme. 
 During the campaign, Mr. Jake Wolters, of Houston, the general attorney for the 
 Pullman Palace Car Company in Texas, and an attorney identified with the liquor 
 interests in Texas, made a number of speeches in South Texas, including one at 
 San Antonio on April 18, 1908, in which he said: "If the people want to know 
 how Senator Bailey stands on the prohibition question, he (Bailey) has already said 
 he believes local option is the real Democratic way of dealing with the liquor ques- 
 tion. Senator Bailey is against State Prohibition." 
 
 Prior to this movement identifying Bailey with the liquor interests, the anti- 
 prohibitionists, like the prohibitionists, were divided on the Bailey question, without 
 regard to the liquor question, but this double-cross-movement on Bailey's part largely 
 secured for him the support of the liquor interests at the last moment without losing 
 to him his prohibition votes in North and Central Texas. 
 
 It is thought enough votes were thus changed to make up his majority. It is 
 certain that the political ring-masters, tricksters and corporation lackeys, as well as 
 their employees, where they could be controlled, were massed in favor of the spotted 
 senator. It must be remembered, however, that less than two-thirds of the demo- 
 cratic vote of Texas was cast, and many counties, known to be strongly anti-Bailey, 
 held no election, frequently on account of the fact that Bailey men were in charge 
 of the party machinery. 
 
 Bailey had boasted early in the campaign that not exceeding two per cent as 
 a rule of the democrats of Texas were against him. The vote, however, showed 
 that more than 45 per cent of those participating in the election, were against him. 
 
The Political Life-Sfory of a Fallen Idol 1001 
 
 MACHINE POLITICS. 
 
 A number of the counties of the State, notably Comancha, Coleman and others 
 returned strong popular majorities against Bailey's ticket. Nevertheless, through 
 precinct, and county convention manipulation, they will send Bailey delegations to 
 the forthcoming State Democratic Convention. This illustrates how important it 
 is for the people that their government in all its aspects be kept close to the popular 
 pulse. 
 
 Again an unprecedented, undemocratic, unwarranted and desperate move has 
 just been made by the Tarrant County Bailey forces in the election as delegates to 
 the State Democratic Convention from Tarrant County, Carden, Wortham and 
 Phillips of Dallas County, Jones of Tyler County, and Imboden, of Travis County. 
 These counties had gone overwhelmingly against Bailey. This left out the intense 
 Bailey partisians just named and precluded their appearance as delegates to the 
 State Convention. In order to circumvent the expressed will of the people in the 
 respective counties of their residence, these men now propose to ride over and around 
 the will of their fellow-citizens by accepting representation from a distant county. 
 Surely Bailey and Baileyism are hard pressed for assistance in Texas. 
 
 BEXAR COUNTY ELECTION. 
 
 There are more than twelve thousand qualified voters in Bexar County. Of 
 this number less than three thousand are republicans. Of the remaining nine 
 thousand democratic voters, only approximately three thousand participated in the 
 May primaries; between 2,300 and 2,400 voting the Bailey ticket. This represents 
 practically the machine vote of the county and of the City of San Antonio, and is 
 thought to represent Bailey's full strength out of the nine thousand democratic 
 voters. Bailey's majority in Bexar County was due: 
 
 1st. To the City machine; 
 
 2nd. To the support from the local breweries and the liquor interests; 
 
 3rd. To the Bexar County Democratic machine; 
 
 4th. To the ruling county official machine ; 
 
 5th. To the light vote. 
 
 There is no doubt but that the local breweries supported Bailey as well as 
 a number of republicans. Indeed, a well-known local republican, a late member of 
 their county executive committee, presided at one of the voting places on behalf of the 
 Bailey ticket and the secretary of a precinct republican convention on the evening 
 of the election told his republican associates that he had just voted for Bailey in the 
 democratic primaries. 
 
 The Bailey organs in Texas, however, made cheap boast of the fact that the 
 voting box in which the proponent of the charges resides in San Antonio was prac- 
 tically unanimous for the Bailey ticket. In the first place he resides just in the 
 edge of a district composed almost entirely of Mexican voters and dominated ab- 
 solutely by the Calaghan city machine. There were no anti-Bailey representatives 
 in this polling place, and the fact that the box was returned as having voted its full 
 strength, whereas other boxes in the county and city voted only one-fourth of their 
 total strength, indicates very strongly that this box icas likely "stuffed" for Bailey 
 advertising purposes. The author did not attend the precinct convention at his own 
 voting box. There was absolutely no use. Here are some of the names selected 
 as county delegates from this precinct convention: Jos Rubiola, Fernando Rod- 
 riguez, Felix Trevino, Antonio Olguin, Ed. M. Rivas, Calistro Quientiro, Albert 
 Garcia, Juan M. Garza Jr., Francisco Hernandez. Is it any wonder that Bailey 
 got a majority in this box? 
 
 Poindexter and Odell also lost their voting box in Cleburne where they have 
 lived for many years and now it is proposed by Tarrant County to import Poin- 
 dexter as one of their delegates to the state convention ! Just why Judge Poindexter 
 refused to ask Bailey on the witness stand some two or three hundred twpewritten 
 questions that the proponent of the charges prepared at the time is now made clear. 
 
1002 Senator J. IV. Bailey of Texas Unmasked 
 
 CONE Johnson's post-election comment. 
 
 Tyler, Texas, May 3rd., 1908. 
 
 "The returns of the primary show that our full victory has been postponed and 
 that the Bailey ticket has succeeded by a majority ranging around 20,000. When 
 we remember that Bailey himself declared the contest to involve his political and 
 personal integrity, the vote is a fearful rebuke to his record. The returns not being 
 complete, I have not had opportunity to fully analyze them, but some things are 
 apparent on their face. 
 
 "The position which Bailey assumed toward the brewery and whiskey interests 
 at San Antonio last Sunday has played an important part in the result. I have 
 already seen indications and evidences of such a combination, and tried to sound the 
 alarm in the few days remaining of the campaign after it became known. Just to 
 what extent this understanding was carried out I can not yet tell, but will wait till 
 I learn more of the facts and have collected the evidence, and if I shall be satisfied 
 that it was a controlling factor in this election, I will have something more to say 
 later on on this feature. 
 
 "I am somewhat disappointed in the vote of portions of East Texas, but that is 
 easily accounted for by apathy and neglect. We were compelled to neglect some 
 portion of a State so large. The short time for the campaign, the lack of speakers, 
 the want of the necessary funds with which to bear the legitimate expenses and other 
 handicaps forced us to concentrate our forces in the populous counties, and we were 
 not able to touch the remote sections of the State. The work done in East Texas, 
 with a few bright exceptions, was only nominal, and that was not the fault of ours. 
 We took too much for granted for East Texas and we overlooked the fact that in 
 the piney woods the commercial influence of the lumber interests which collect 
 "around Kirby is a dominant factor politically, but this would have been overcome 
 if we could have discussed the matter before the people. 
 
 "And then the vote was light. It was true, naturally so, that those who sup- 
 ported Bailey were more active than those who opposed him, and the stay-at-homes 
 were not largely for him. When we remember the difficulties which beset us the 
 result is a great victory for our cause. When we first entered the campaign no one 
 supposed we could possibly win. We had but about thirty days for the battle; our 
 forces were scattered and straggling. We had to take our strength largely from 
 Bailey's followers. 
 
 "Handicapped on every side, fighting a fully organized political machine which 
 had been built up while the people slept, contending against the busy and active 
 politicians, the attorneys of the interests with which Bailey was allied, we have made 
 a splendid fight and the people are to be congratulated. We have scotched Bailey- 
 ism and no other public official will soon follow in Bailey's footsteps. 
 
 "Take from Bailey's vote, those who apologized for voting for him, those who 
 openly said they did not indorse his record, those who said he was our Senator and 
 that we ought not to destroy him, those whom outside influences controlled and 
 those who professed to see a danger to the party in the agitation, and it is perfectly 
 manifest that a clear majority of those voting in the primary oppose Bailey and his 
 methods, though their ballots will be construed into his indorsement. 
 
 "This is but the first battle. The struggle is to continue. The principle that 
 a Senator can not be the confidential adviser and agent of trusts and monopolies, the 
 hired attorney of Standard Oil, the devotee of Wall street and frenzied finance, is 
 fundamental and essential to all democratic government and we will never cease this 
 fight till all officials shall bow and conform to that principle. 
 
 "Probably the worst feature of the result will be the Impression which will go 
 abroad that Texas, the great Democratic stronghold, has fallen into the clutches of 
 those interests which have debauched other sections and has surrendered to the 
 spirit of commercialism in this hour of National struggle for reform. 
 
 "It will be a strange spectacle to Democrats when the attorney of the Standard 
 Oil, the friend and financial intimate of predatory wealth, shall help to indite the 
 
The Political Life-Story of a Fallen Idol 1003 
 
 National creed for Bryan, whose hope to win lies in the fact that the country is to 
 believe that in him there is safety againts those unlawful industrial combinations 
 which strangle the freedom of trade and oppress the people. I am in no wise dis- 
 couraged or dismayed. 
 
 "I extend the thanks of our cause and ticket to all those who have helped to 
 swell the 2 to lo per cent which Bailey said we would get into almost 50 per cent 
 of the vote cast." 
 
 THE VICTORY THAT KILLS. 
 
 El Paso News. 
 
 Senator Bailey has won a victory that spells defeat. He has received more votes 
 than his opponents, but he has not been vindicated. His friends said his majority dare 
 not be less than 100,000. Anything less than that ivould be fatal. His majority will 
 barely reach 15,000 or 18,000. 
 
 The rank and file of the party, the bone and sinew of Texas democracy, has failed 
 to line up for Senator Bailey. What votes he received were received through the 
 activity of the officialdom and the poltical organization of the state. It certainly was 
 not the vote of the plain people — those who go to the polls to vote for what they believe 
 is right, and not for iihat zcill please those to ivhom they owe allegiance. 
 
 The Bailey star has waned. His day of usefulness is at an end. Sad as it may 
 seem, this once brilliant leader of the democracy of the greatest state in the Union has 
 fallen by the ivayside; he has been left abandoned — all because he has betrayed the trust 
 of the humble citizen who gave the leader his power. 
 
 The men of Texas are generous. They are charitable and they are loyal. They 
 will stand by a friend when other men forsake him. And thus they stood by Bailey 
 in the hour of his need. They remained loyal to his banner when the clouds began to 
 settle over his career. Thy were loth to believe the evidence that was being adduced 
 to undo him. But the truth was mightier than even friendship and loyalty, and it 
 became the painful duty of his former champions to turn from him as a thing to be 
 shunned, all the more to be shunned because of the tragedy of it all and the pathos that 
 held them as by a silver cord to the fallen leader. 
 
 The people of Texas are still true to the junior senator of the past. They cherish 
 the memory of the champion who fought their battles with brilliant power in the national 
 congress. They honor the leader who stood by their weaker shoulders and helped them 
 to gain prestige among the people of the nation. But that Senator Bailey is dead. He 
 has been slain by the truncheon of mammon, and he can serve the people of Texas no 
 more. 
 
 Senator Bailey may go to the Denver convention to represent the state of Texas. 
 He u-ill not represent her. He will represent her money and her political machinery. 
 That it was which sent him. And the plain people of Texas will be without a champion 
 among the democrats of the Union. 
 
 To other states which meet him at Denver, Bailey will be a warning. He will go 
 there stripped of his power, his prestige and his name. The nation will know that 
 the people of Texas failed to vindicate him yesterday. They well know that he has 
 survived only in form; that his spirit died and his power vanished when he took the 
 trust of millions of honest men and for a handful of silver placed the knife in the hands 
 of monopoly which has been wielded with unrelenting cruelty at the weak man whose 
 cause he was sworn to champion. 
 
 The vote for Bailey is sickly. Bailey could not vindicate himself. He has learned 
 too late that the people of Texas, while loyal to the end, are not loyal to their be- 
 trayer at the expense of the thousands whose integrity has never been brought into 
 question. 
 
 The End. 
 
1004 Senator J. IV. Bailey of Texas Unmasked 
 
 ALPHABETICAL INDEX. 
 
 See Chapter Index, Post. 
 
 PAGE 
 
 AnDRESS TO THE PEOPLE — (By Minority 30th Legislature) 735-743 
 
 Admiration Society — (Bailey) 739 
 
 'Aldrich Currency Measure — 
 
 Bailey only Democrat to Support 159-160 
 
 Aldrich and Bailey in Alliance 518-519 
 
 Houston Post Editorial in Behalf of 585-586 
 
 Alden, John — Testimony of 583-584 
 
 Andrews, Frank — Testimony of. Concerning Southwestern Oil Co 507-509 
 
 Bailey, J. W. — (See Cliapter Index for Other References to) — 
 
 Testimony Concerning Deals with Kirby 522-529 
 
 Testimony Concerning Tennessee Central Ry. Co 546-553 
 
 Testimony Concerning Subsidized Press 575-576 
 
 "Then and Now" 642-649 
 
 Bailev vs. Bailey — Baileyisms 676-724 
 
 Hate' Speech of, at Gainesville, 1908 733 
 
 Admiration Society of 739 
 
 Banner, P. S.— Affidavit of 579 
 
 Barrett, Sen.\tor J. P. — Seeks to Influence Confederate Soldiers 475 
 
 Bayne, S. G. — Bayne, Bailey and Security Oil 156 
 
 Bowser, Senator O. P. — Letter from, to the Author 6 
 
 BovKiN, Stanley— Bailey and the Rate Bill, by 804-808 
 
 Brooks, M. M. — Bailey's Reasons for Supporting 167 
 
 Bry'an, William J.^ 
 
 On Political Ethics 114-115 
 
 Brvanism vs. Bailevism 114 
 
 Burton— Bailey on . . .' 286, 813 
 
 Burnett-Suggs Controversy 297-303 
 
 Campbell, D.widson and Bailey at Dallas Banquet 833-893 
 
 Ch.\rges and Evidence Suppressed 659-675 
 
 Charges Stated 321-331 
 
 Clark- Johnson — Correspondence 343-347 
 
 Clark, Geo. — Testimony of 443-444 
 
 Cleblkn — Bailev at 307 
 
 Clem, A. W.— Testimony of 510-518 
 
 COBBS, T. D. — 
 
 Proposed to Hire a Lawyer of "Dignity" as a Whitewasher 241-250 
 
 Capitulates, and Confesses 244, 246-247 
 
 Quiescent, yet Solicitous (for Bailey) 252 
 
 Shields the Accused 261-264 
 
 Protests Over-much 288 
 
 Cocke, \Vm. A. — 
 
 How and Why He Opposed Bailey 1-7 
 
 Letter from, to Bailey. Challenging Latter to Debate 3-4 
 
 Formulates and Files Charges Against Bailey 215-216 
 
 Gives Reasons for Vote to Postpone Bailey's Election 221-222 
 
 Denied Counsel bv Committee 237-240 
 
 Pleads for Counsel 242-243 
 
 Writes Committee 251-252, 271 
 
 Protests in Vain 264-265 
 
 Arises to Matter of Personal Privilege 272 
 
 Protests Against Closing Investigation 670-673 
 
 Waco Address of 733-735 
 
 "The Quiet Persistent Prosecutor" (Putnam) 872-874 
 
 "Fights Oil Trust Singlehanded" (.A.bbott) 874-876 
 
 "Cocke of Bexar" (Dallas Times-Herald) 876-877 
 
 Other Editorial Comment on 877-882 
 
 Cockrell, J. E. — 
 
 Letter from, to Author 6 
 
 Protests Against Bailey's Refusal to be Searched 265-266 
 
 Address of, to the Democracy of Texas 779-791 
 
 Cockrell J. V. (E.\-Congress.man) — Bailey the Most Dangerous Man in Public Life, 
 
 by 824 
 
 Comanche— Bailey at, Dec. 18, 1906 173 
 
 Committees — Personnel of Committees (House and Senate, 1907) 226 
 
 Coming ! Coming ! — (A Burlesque on Whitewash Committees) 667-668 
 
 Cosmopolitan Magazine— Articles on Bailey, August, 1900 170-171 
 
The Political Life-Story of a Fallen Idol 1005 
 
 PAGE 
 
 Cox, Hon. Jeff D. — Photo of 741 
 
 Crane, M. M. — 
 
 Letter from, to Author g 
 
 Raphes to Bailey at Waco Convention, Aug. 8, 1900 133-134 
 
 Joins in Telegram to Committee Offering Professional Services 236 
 
 Protests Against Bailey's Refusal to be Examined 260-261, 267-268 
 
 Speech of, in Houston Crane-Bailey Debate 759-770 
 
 Crawford. Col. W. L. — 
 
 Circular to Bailey 124 
 
 Waxahachie Speech (Appendix) 841-871 
 
 Joins in Telegram to Committee Offering Professional Services 236 
 
 Speech of, on Bailey and Aldrich Bill 782-78-1 
 
 Davidson and Bailey Correspondence 183-204 
 
 Davidson, R. V., Attorney General — Invites Investigation 205 
 
 Davidson Produces Standard Oil-Bailey Documents 211-212 
 
 Davis, W. O.— 
 
 Letter from, to Bailey on Fidelity of Dog 116-118 
 
 Testimony of 310-313 
 
 The Political Boss, by 818-820 
 
 Democracy vs. B axle yism 733-735 
 
 Depositions — Excluded at Bailey's Dictation 269-270 
 
 Duncan, John M. — 
 
 Photo of 35-36 
 
 Duncan Resolution (Signers of) 206 
 
 Address of, to Thirtieth Legislature 825-840 
 
 Be Leon— Bailey at, Dec. 17, 1006 174 
 
 Dublin— Bailey at, Dec. 21, 1906 174 
 
 Eagle Refining Company — "Blind Tiger" to W. P. O. Co 510-518 
 
 Eight Thousand Dollar "Loan" — Voucher and Note (Facsimile of) 340 
 
 Ethridge, F. M. — 
 
 Letter from, to Author 6 
 
 Joins in Telegram to Committee Offering Professional Services 236 
 
 Faust, C. G. — 
 
 Questions Bailey at Dublin. Texas 175-176 
 
 Fifteen Hundred Dollar "Loan" — 
 
 Voucher and Draft (Facsimile of) 338 
 
 Story and Chronology of 479-491 
 
 Finlay, Andrew M. — 
 
 Testimony of 398-409 
 
 Flatau, Capt. L. S. — 
 
 Gives Bailey Friendly 'Warning, June 20, 1906 161-163 
 
 Supplies Copy of Famous Letter to Bailey 164-166 
 
 Fr.^ncis — Testimony and Correspondence of 364-384 
 
 Gass, W. T. — Testimony of 292 
 
 Gaines, Hon. E. C. — 
 
 Gives Reasons for Vote 219-220 
 
 Photo of 651 
 
 Our Modern Caesar by 822-824 
 
 Gerald, J. B— Waco Address of 792-801 
 
 Gladney, J. W., Banker— Testifies to Bailey-Gates $28,000 Loan 564-565 
 
 Green, Senator Robt. B. — How He Stood on Bailey's Guilt 650 
 
 Green, A. A.— Letters from and Affidavit of 660-664 
 
 Grinnam, Senator Arch — 
 
 Bill of 499-501 
 
 Testimony of 499-500 
 
 Groll, Henry— Affidavit of 349 
 
 Gruett, J. P., Sr. — 
 
 Testimony of 410419 
 
 Testimony Concerning the Tennessee Railroad 553 
 
 Hall, F. J.— Cattle Contract and Testimony of 295-297 
 
 Hardy, D. H. — Testimony of 470-473 
 
 Hawkins, Senator A. S.— Contrasts Bailey and Jefferson 813-816 
 
 Henry, Congressman R. L.— -Testimony of 459-469 
 
 Hill. J. Gregg — Testimony of 475-476 
 
 Hogg, Governor James S. — 
 
 Replies to Bailey at Waco Convention. Aug. 8, 1900 133-134 
 
 Speech to Texas Bar Association at Galveston, July 27, 1900 (Appendix) 757-758 
 
 Holsey and Mayfield (Texas State Senators) — Offer Resolution Against Trusts. .226-227 
 Houston Post — 
 
 Editorial on Bailey, 1893 584-585 
 
 Inconsistent Editorial on Aldrich Bill 585-566 
 
1006 Senator J. W. Bailey of Texas Unmasked 
 
 Hutchinson, A. J. (Oil Trust Auditor) — page 
 
 Waits for Wink from Bailey's Lawyers 276-277 
 
 Testimony of 425-443 
 
 Imboden, E. I. — "Marries" Austin Statesman 778-779 
 
 Jenkins, Charles H. — 
 
 Photo of 115-116 
 
 Assigns Reasons for Voting to Postpone Election 220-221 
 
 Protests Against Effort to Exclude Proponent of Charges and to Deny Him 
 
 Counsel 213, 233-235 
 
 Is Astonished at Bailey's Refusal to Take the Witness Stand 258-259 
 
 Johnson, Cone — 
 
 Discusses Bailey's Doctrine of Hate 820-822 
 
 Post Election Comment by 1002-1003 
 
 Johnson-Clark — Correspondence 343-347 
 
 Johnson. John D— 
 
 Testimony of, in General 384-393 
 
 Testimony of. Concerning S. W. Oil Co 503-507 
 
 Testimony of, About Tennessee Central Ry 544-545 
 
 Johnson, R. M. — Testimony of 577-578 
 
 Kemp. S. B, — Testimony of 473-474 
 
 Kennedv. A. M. — Bailey Floor Leader Offers Substitute 207 
 
 Kendrick Bros. — Letter Concerning 313-314 
 
 Kentucky — Bailey's Property in 353 
 
 Kindred, Hon. J. C. — Assigns Reasons for Voting to Postpone Bailey's Election 220 
 
 KiRBY, John H. — 
 
 Testimony of, in General 531-542 
 
 Testimony of. Concerning Bailey-Gates-Port Arthur 563 
 
 Labatt, J. E.— Testimony of 289-290 
 
 Lacy, D. T.— Testifies Concerning Bailey-Gates $28,000.00 Loan 563-564 
 
 Law of Political Loans in Texas 187 
 
 Lindsay, J. M. — Testimony of 304-307 
 
 Lewis, Yancey — On Baileyism 978-987 
 
 Lightfoot, Jewell P. — 
 
 Receives Letter from Bailey, June 21, 1906 ; 166 
 
 Photo of 478-479 
 
 LOONEY. B. F. — 
 
 Offers Kenedy House Substitute in Senate 227-228 
 
 Objects to Admission of Vouchers, Impatient 270-272 
 
 Objects to Expert Testimony 277 
 
 Breaks Faith With Committee (Senter on) 649-650 
 
 Love, Speaker Thomas B. — Appoints Investigation (Suppression) Committee 215 
 
 Masterson, William— Fined $100.00 for Carrying Pistol 124 
 
 Mayfield AND Holsey — Offer Resolution Against Trusts 226-227 
 
 Mentz, E. B.— Testifies about Bailey-Gates Port Arthur Deal 565-574 
 
 Millionaires in the U. S. Senate 355 
 
 McFall, Hon. D. A. — 
 
 Introduces Bailey Investigation Resolution 1901 134-138 
 
 Bill of 494-501 
 
 Nashville American — Editorial on Tennessee Railway Deal 555 
 
 Naudain, Harold — Testimony of 419-422 
 
 Odell, D. W.— 
 
 Drunk, Insulting; Held for Contempt 273-275 
 
 Admits Representation of Oil Trust 649 
 
 OusLEv, Clarence — Testimony of, Concerning Bailey's Interest in the Fort Worth 
 
 Record. Etc 576-577 
 
 Paulus, D. a. — Letter from, to Bailey 602 
 
 Patton, I. A.— 
 
 Vehemently Supports Kennedy Substitute 214 
 
 Paws the Air— Then Wavers 235, 238-239 
 
 Penn. R. L.— Protects Oil Company's Books 276-277 
 
 People's Group — Photo of 640-642 
 
 Pierce, H. Clay— 
 
 Arrested in St. Louis 167 
 
 Testimony of, Sept. 11, 1906 168-169 
 
 Photo of, and Cartoon 335 
 
 Letter to Gruet ( Facsimile of) 339 
 
 Letter from Bailey to (Facsimile of) 341 
 
 Letter from, to Gruet (Facsimile of) 341 
 
 Anti-Trust Affidavit of 349-350 
 
 Porter, R. C. Esq. — Joins in Telegram to the Committee Offering Professional 
 
 Services 236 
 
 Post Election Comment 1000-1003 
 
The Political Life-Story of a Fallen Idol 1007 
 
 PAGE 
 
 Press Comments from Other States 904-927 
 
 Press Comment by Texas Editorial Writers 928-943, 944-979 
 
 Profits (In Texas)— of W. P. Oil Company, 1900-1905 351 
 
 Putnam, Frank — 
 
 "What I saw at Austin," by 668-669 
 
 "The Quiet Persistent Prosecutor," by 828-874 
 
 "Bailey Threatens Houston," by 878-882 
 
 Riddle, Geo. W. — A Native Texan Speaks Out, by 812 
 
 Ring, H. F.— Letter from, to Author 5-6 
 
 Roche, F. T., Editor,— Testimony of 580-582 
 
 "Rogues' Gallery" — Photo of 640-642 
 
 Russell, John W., Banker — Testimony of 290 
 
 San Antonio Gazette — Held for Contempt 582-583 
 
 Scott, Sam R. — Testimony of 451-454 
 
 Senter, Senator E. G. — 
 
 Letter from, to Author 7 
 
 Photo of 7-8 
 
 Bailey Demands Resignation of ■ 172 
 
 Replies to Bailey 172-173 
 
 Offers Duncan House Resolution in Senate 226 
 
 Moves to Refer Bailey Issue to the People 227 
 
 Resents Bailey's Refusal to be Cross-examined by Cocke or his Counsel 281-282 
 
 Tells how Looney Broke Faith with Senate Committee 649 
 
 "Joe Bailey Marked," by 652-655 
 
 Refers Bailey Issue to His Constituents 808-811 
 
 Seventeen Hundred Dollar "Loan" — Voucher (Facsimile of) 342 
 
 Sibley, Joe — 
 
 A Standard Oil Magnate 154-155 
 
 Standard Oil Director in Galena Signal Oil Co 362 
 
 Bailey Praises 362-363 
 
 Smithdeal, Hon. C. M. — Protests Against Action of State Democratic Executive 
 
 Committee 177-179 
 
 Smith, T. S., Attorney-General — Testimony of, in 1901 ^ 127 
 
 Suggs-Burnett Controversy 297-303 
 
 Southwestern Oil Co. — 
 
 Bailey's Connection with 503-519 
 
 Kirbv, John H., Testifies Concerning 539-542 
 
 Standard Oil Maneuvers in Texas. 1900-1901 127-157 
 
 State Democratic Executive Committee — 
 
 Shields Bailey 177 
 
 Smithdeal Writes Chairman Garden of 177-178 
 
 Steger, Ed — Testimony of 293-294 
 
 Steger, Gus— Testimony of 291-292 
 
 Stock Certific.\te Record W. P. O. Co 348 
 
 Stribling, O. L. — Testimony of 443-450 
 
 Sweeny, D. W.— Testimony of 290-291 
 
 Telegram — Pierce to Finaly (Facsimile of) 337 
 
 Terrell, Hon. A. W. — 
 
 Bailey Dates and Deals, by 816-818 
 
 Laid Bare Bailey's Perfidy 988-1000 
 
 Terrell, Hon. Geo. B. — Assigns Reasons for Voting to Postpone Bailey's Election 221 
 
 Testimony by Deposition — 
 
 Excluded at Bailey's Dictation 269-270 
 
 Bailey Witnesses Give Hearsay Testimony 271-272 
 
 Thirty-Three Hundred Dollar "Loan" — Voucher (Facsimile of) 336 
 
 Thomas, Hon. Cullen F. — 
 
 Photo of 493-494 
 
 Testifies in 1901 138-143 
 
 Testimony of 1907 354-358 
 
 Letters and Addresses of 770-778 
 
 Traitors of History 746-747 
 
 U. S. Government Petroleum Report 356-361 
 
 Vouchers, Letters and Telegrams — (Facsimiles of) 336-342 
 
 Waco Anti-Baileyism Convention — Account of 894-903 
 
 Waldorf Astoria Hotel — Photo of 502-503 
 
 Williams, A. L. (Standard Oil Banker) — Testimony of 509-510 
 
 Williams, J. S. — Testimony of 317 
 
 White, C. H. — Testimony of 291 
 
 Wolfe, J. A. L. — Would Exclude Proponent of Charges from Committee Room ... 232 
 
 Wynne, R. M.— Threatens Travis County's Opposition to Bailey 180 
 
 Yoakum, B. F.— Testimony of 529-531 
 
1008 Senator J. IV, Bailey of Texas Unmasked 
 
 CHAPTER INDEX. 
 
 BAILEY, JOSEPH EDWARD (Alias Joseph Edgar; alias Joseph Weldon) 
 How AND Why the Author Came to Oppose Mr. Bailey (Chapter I., 
 
 PP- 1-7) 
 
 Antecedents and Youth (Chapter II., pp. 8-15) page 
 
 Place and Date of Birth 8-io 
 
 Father of 10 
 
 At Mississippi College 10 
 
 His First Raffle 11 
 
 At University of Mississippi (Expelled from) 13-14 
 
 Forced Retirement from Vanderbilt University 14 
 
 Leaves University of Virginia 14 
 
 Attends Lebanon Law School 14-15 
 
 Settles at Hazlehurst, Copiah County, Miss., 15 
 
 Why Bailey Left Mississippi (Chapters III., IV., V. and VI., pp. 18- 
 
 103) 
 Author Receives Information Concerning, from North Texas Black- 
 smith 18 
 
 Data Concerning, Stolen from Author 18 
 
 U. S. Senate Orders Investigation into Copiah County, Miss. 
 
 Outrages 19 
 
 Committee Sits in New Orleans 19-20 
 
 Majority Report of U. S. Senate Committee 21-32 
 
 Minority Report of U. S. Senate Committee 32-34 
 
 Assassination of Print Matthews 26-29 
 
 Bailey Speaks in Favor of Outrageous Resolutions 29 
 
 Bailey Displays Sixshooter in Public Address 29-30 
 
 Democratic Press Criticisms of 35 
 
 Testimony of Witnesses Before the U. S. Senate Investigation Com- 
 mittee : 
 
 Allen. J. B 84-85 
 
 Bankston, G. M 70-7t 
 
 Barlow, E. C 94-95 
 
 Barlow, H. H 96-97 
 
 Birdsong, L. F 47 
 
 Bondurant, J. W 79-83 
 
 Bridewell. L. 7^ 
 
 Bufkin, F. M 96 
 
 Bufkin, H. L 90 
 
 Burnet. Amos W 52-58 and 61-63 
 
 Cook, W. W 64-66 
 
 Coxwell, Richard 42 
 
 Dameron. J. F 89-90 
 
 Dodds, Geo. S loo-ioi 
 
 Goza, B. F 86 
 
 Gowin. W. W 72 
 
 Hamilton, Geo. B 69-70 
 
 Hargrave. T. J 67-69 
 
 Hogg, H. H 63-64 
 
 Hull. John T 98-100 
 
 Hurd, J. H 45 
 
 Jones, Joseph B 43 
 
 Lomax, Rev. A. A 4° 
 
The Political Life-Story of a Fallen Idol 1009 
 
 BAILEY, JOSEPH EDWARD (Alias Joseph Edgar ; alias Joseph Weldon) 
 
 — Continued. page 
 
 Matthews, George E 64 
 
 Matthews, James M 38 
 
 Matthews, J. E 91-94 
 
 Matthews, Jessie 37 
 
 Matthews, John 75-77 
 
 Matthews, Leon H 73-75 
 
 Matthews, Mary (Miss) 36 
 
 Matthews, Mary, Mrs 78-79 
 
 Meade, J. L 66-67 
 
 Middleton, John B 47 
 
 Millsaps, Rev. W. G 38 
 
 Mitchell, W. L 97-98 
 
 Mortimer, Geo. J 72 
 
 Norman, Jim 50 
 
 Oliver, William 50 
 
 Pitts, Dr. A. B 42 
 
 Ramsey, Noah 85-86 
 
 Rilas, Rowan B 45 
 
 Robertson, William 97 
 
 Sessions, Frank M 45-47 
 
 Sexton, J. S 48-50 
 
 Thompson, J. H 50 
 
 Tillman, Yancy 95-9^ 
 
 Ware, R. H 87 
 
 Ware, W. P 87-89 
 
 Williamson, E. C 41 
 
 Bailey's Early Experiences in Texas (Chapter VIL, pp. 104-115) 
 
 Reaction in Mississippi 104-105 
 
 Migrates to Gainesville, Texas, June, 1885 106 
 
 Squanders $100,000 Trust Funds 106-107 
 
 Espouses State Prohibition Cause in 1887 107 
 
 Patron Saint ( ?) of the Ministry 107-108 
 
 Enters Congress, 1891 108 
 
 Refuses Conventional Attire, Etc 108 
 
 Docks Salary 108-109 
 
 Failing at Law, Enters Politics 109-1 10 
 
 Jealousy of and Opposition to Bryan i lo-i 13 
 
 Bryanism vs. Baileyism 1 13-1 14 
 
 Bailey, The Belligerent (Chapter VIIL, pp. 1 16-124) 
 
 Assaults a Helpless Paralytic I16 
 
 W. O. Davis in Letter to Bailey 1 16-1 18 
 
 Threatens to Cut Parson Browder's Throat 1 18-1 19 
 
 "Joe" and "Teddy" 120 
 
 Will Drive Enemies into Gulf 120 
 
 Bailey and "His Gun" 120-121 
 
 Political Extermination 121-122 
 
 Parting Defi to the 30th Texas Legislature 122-123 
 
 Bailey, Aldrich, Standard Oil 123-124 
 
 Crawford Circular to Bailey 124 
 
 Pistol "Toters" 124 
 
 Bailey's First Investigation (Whitewash) (Chapter IX., pp. 127-157) 
 
 Testimony of Attorney-General Smith 127 
 
 Bailey's Unexpected Return to Texas, April 30. 1900 128 
 
 Wanted for "Personal and Political Influence," 128 
 
 Bailey Threatens Political War, August, 1900 128-129 
 
 Bailey's Speech to Waco State Convention, August, 1900 ....130-133 
 
1010 Senator J. W. Bailey of Texas Unmasked 
 
 BAILEY, JOSEPH EDWARD (Alias Joseph Edgar; alias Joseph Weldon) 
 
 — Continued. page 
 
 Hogg and Crane Reply to I33-134 
 
 McFall Moves for First Legislative Investigation 134-135 
 
 Testimony of CuUen F. Thomas, 1901 138-143 
 
 Methods of First Whitewash Committee 144-146 
 
 Bailey under Oath, 1901 146-150 
 
 Bailey Reaches Austin Clandestinally 150-151 
 
 Bailey, Pierce and Clean Hands 151 
 
 Bailey Contradicts Himself 152-153 
 
 Bailey's Ideas Radically Change 152-154 
 
 Bailey Eulogizes Joe Sibley (Standard Oil Baron) 154*155 
 
 Bailey Confesses that He Is a Great Lawyer 155 
 
 Bailey, Bayne and Security Oil Company 156 
 
 Bailey Defends Waters-Pierce Oil Company 156-157 
 
 Democracy vs. the Trusts 157 
 
 Texas Reproved "Joe" in 1900 (Cartoon) 157 
 
 Political Developments of 1906 (Chapter X., pp. 158-182) 
 
 Tillman "Watches Bailey Like a Hawk" 158 
 
 Roosevelt Distrusts Bailey, May, 1906 158-159 
 
 Bailey's Pipeline Amendment 160-161 
 
 Capt. Flatau Gives Bailey Friendly Warning, June 20, 1906 . . .161-163 
 
 Bailey Admits Falsity of Blackmail Charge 163 
 
 Flatau Letter to Bailey 164-166 
 
 Bailey Writes Lightfoot and Davidson that "All is well," June 21, 
 
 1906 166-167 
 
 Bailey for Brooks, Why ? 167 
 
 Bailey's (Ante-Exposure) Doctrine on Representation of Trusts. . . . 170 
 
 Cosmopolitan Article on Bailey 171 
 
 Bailey Knew Pierce's Habits Intimately 176 
 
 State Executive Democratic Committee Shields Bailey 177 
 
 Davidson-Bailey Correspondence of 1906 (Chapter XL, pp. 183-204) 
 
 Bailey's Second Investigation (Whitewash, 1907.) (Chapter XII., pp. 
 205-225) 
 
 Duncan et al Offer Investigation Resolution 205 
 
 Davidson Invites Investigation 206 
 
 Bailey Faction Opposes Investigation 206-207 
 
 Kennedy Substitute (Subterfuge) 207, 212-213 
 
 Bailey Issues Statement, Jan. 10, 1907 208-210 
 
 Sells Kentucky Farm for $24,000. Jan. 13, 1907 210 
 
 Bailey Again Seeks to Allay Public Indignation .^ 210-211 
 
 Davidson Produces Standard Oil-Bailey Documents .211-212 
 
 Bailey Declared There Would Be No Investigation 213 
 
 Appointment of Investigation Committee 215 
 
 Cocke Formulates and Files Charges 215-216 
 
 Baileyites Refuse to Postpone Election 217 
 
 Bailey Refuses to Sumbit His Re-election to Popular Vote 217-218 
 
 Election With Charges Pending 218-219 
 
 Promised to Resign 219 
 
 Bailey's Political Machine, Dallas News on 222-223 
 
 Suppression Methods of Committees (Chapter XIII., pp. 226-283) 
 
 Personnel of House and Senate Committees 226 
 
 Senate Committee Organized 228 
 
 House Committee Organized 229 
 
 Second Committee Meeting 230-240 
 
 Jenkins Protests Against Excluding Proponent of Charges From 
 Committee-room 231-235 
 
The Political Life-Story of a Fallen Idol 1011 
 
 BAILEY, JOSEPH EDWARD (Alias Joseph Edgar; alias Joseph Weldon) 
 
 — Continued. page 
 Wolfe Would Exclude Proponent of Charges From Committee- 
 room 2'?2-2'l^ 
 
 Patton Paws the Air, Then Wavers 235, 238-239 
 
 Wolfe Crawfishes, But Comes to the Rescue 235' 239-240 
 
 Dallas Attorneys Offer to Represent Proponent of Charges 
 
 Gratis 235-236 
 
 Bailey Given Three Lawyers: Odell, Hanger and Jones 237 
 
 Cocke Denied Counsel 237-240 
 
 Cobbs & Co. Propose to Hire a Lawyer of "Dignity" as a White- 
 washer 241-250 
 
 The Wolfe Again in Evidence 247 
 
 Cobbs Quiescent Yet Solicitous — for Bailey 252 
 
 Bailey Refuses to be Searched 253-254 
 
 Called, But Found Wanting 254-258 
 
 Odell Pleads Against Self-incrimination, by Bailey 258-259 
 
 The Wolfe's Anxiety Increased — for Bailey 259-260 
 
 Crane Protests Against Bailey's Refusal to be Examined 260-261 
 
 Cobbs Shields the Accused 261-264 
 
 Cocke Protests in Vain 264-265 
 
 Cockerell Protests Against Bailey's Refusal to be Searched 265-266 
 
 Bailey Escapes Examination by Partisan Vote of Committee 267 
 
 Committee Requires Oath to Secure Witnesses 269 
 
 Depositions Excluded at Bailey's Dictation 269-270 
 
 Looney Objects to Admission of Vouchers; Becomes Impatient .270-272 
 
 Bailey Refuses to be Photographed in Committee-room 272 
 
 Odell Drunk, Insulting and Held for Contempt .273-275 
 
 Penn Protects Oil Company's Books 276-277 
 
 Witness Waits for Wink from Bailey's Lawyers 276-277 
 
 Looney Objects to Expert Testimony 277 
 
 Cobb Protests Over-much 278 
 
 Bailey Refuses to be Examined by Cocke or His Counsel . 278-283 
 
 Bailey Practices Before Governmental Departments for "Loans" 
 (Chapter XIV., pp. 286-321) 
 
 Bailey on Burton 286 
 
 Law of Political Loans in Texas 287 
 
 Government Mule Contract Charge and Evidence 288-295 
 
 Cattle (Hall Contract Charge) 295 
 
 Burnett-Suggs Controversy 297-303 
 
 Bailey Borrows from Railroad President 303-307 
 
 In Impecunious Circumstances on Entering .Senate 305-307 
 
 Phillips J. W., Charge 308-310 
 
 Davis W. O. Testifies 310-312 
 
 Indian Territory Cattle Reservation Charge 313-316 
 
 Federal Clerkship Graft 316-318 
 
 Admits Truth of Supplemental Charges 318-319 
 
 Not Wanted in Oklahoma 319-320 
 
 Ch.\rges Stated (Chapter XV., pp. 321-331) 
 
 A Chapter of Standard Oil Exhibits (Chapter XVI., pp. 334-363) 
 
 List of Kentucky and Texas Property 353-354 
 
 Evidence Reviewed, Analyzed and Discussed (Chapters XVII. 
 and XVIII., pp. 364-478) 
 (See Alphabetical Index for Witnesses) 
 
 The Strange Story of a Famous Draft (Chapter XIX., pp. 479-491) 
 
 Bailey as a Standard Oil Lobbyist (Chapter XX., pp. 494-502) 
 
1012 Senator J. W. Bailey of Texas Unmasked 
 
 BAILEY, JOSEPH EDWARD (Alias Joseph Edgar; alias Joseph Weldon) 
 
 — Continued. ^ page 
 
 Bailey in the Role of a Standard Oil Baron (Chapter XXL, pp. 
 
 503-519) 
 
 (See Testimony Witnesses Johnson, Bailey, Andrews, Williams, and 
 Clem in Alphabetical Index) 
 Bailey and the Lumber Trust (Chapter XXII., pp. 522-542) 
 
 (See Alphabetical Index Witnesses Kirby, Yoakum, Bailey and John- 
 son) 
 Senator Bailey, Dealer in Railroads (Chapter XXIII. , pp.544-556) 
 
 (See Testimony Johnson, Bailey and Gruet) 
 Bailey-Gates and Port Arthur $28,100 Loan (Chapter XXIV., pp. 
 
 559-574) . 
 
 Bailey Testifies Concerning 559-5^0 
 
 Kirby, John H. Testifies Concerning 5^3 
 
 Lacv, D. T., Banker, Testifies to $28,100 Bailey-Gates Note 563 
 
 Mentz, E. B. Testifies about Bailey-Gates-Port .\rthur 565-574 
 
 Bailey and a Subsidized Press (Chapter XX\'., pp. 575-588) 
 
 (See Individual Testimony Alphabetical Index, Bailey, Ousley, John- 
 son, Imboden, Banner, Roche, and Alden) 
 
 Bailey Ple.\ds Guilty in Three Days' Harangue (Chapter XXVL, 
 
 PP- 590-639) , ^ . ^ r ^ 
 
 (Here Will be- Found Body of Bailey s Testimony Before Committee 
 of 1907) 
 Bailey in Eruption (Chapter XXVII. , pp. 640-658) 
 
 Including Bailey's Famous Hate Speech and His Subsequent So- 
 Called "Peace Proclamation." 
 Charges Refused and Evidence Suppressed (Chapter XXVIII. , pp. 
 659-675) 
 
 Including A. A. Green Affidavit, "What I Saw at Austin," by Frank 
 Putnam, "Coming, Coming!" Etc. 
 Bailey vs. Bailey (Chapters XXIX. and XXX., pp. 676-724) 
 
 This Chapter Includes a Collection of the Many Foolish and Bitter 
 Utterances of Bailey — Baileyisms. 
 An Address to the People (Chapter XXXI. , pp. 725-740) 
 
 An Address by the Anti-Baileyism Members of the Thirtieth Legis- 
 ture. 
 A Conclusion of the Whole Matter (Chapter XXXII. , pp. 641-647) 
 Being an Impersonal Summary and Word Picture of Bailey's Career. 
 
 i V