In Texas

A Caller. Mr. Albert Petsch of Fredericksburg, Tex. is a representative in the state legislature. One morning last week he walked into the executive offices of Governess "Ma" Ferguson in a businesslike manner. He had a right to walk in with self-confidence, for he was a leader of the friends of the Governess last spring in securing the passage of a bill which restored to her husband the civil rights which he lost when as Governor he was impeached and removed from office in 1917.

Mr. Petsch applied to see the Governess, stating his business to an underling. In a few moments he was notified to send in whatever paper he might have--and be gone. In spite of his feelings, Mr. Petsch went.

A Document. The paper which he sent in bore 44 signatures, and began:

"To the Honorable Miriam A. Ferguson, Governor, State of Texas: "We, the undersigned, members of the 39th Legislature of the State of Texas, having in mind our oaths of office and our duty to the people of the State, do hereby respectfully petition you. . . ."

In brief, they asked Mrs. Miriam A. Ferguson to summon a special session for Jan. 4 that they might: 1) provide funds to oust the tick from Texas steers; 2) provide funds to oust the hoof and mouth disease from the same; 3) "amend the highway laws of this State to such an extent as will, in the judgment of the Legislature, sufficiently protect the interests of the people and promote the establishment of an efficient system of public highways."

They concluded with the suggestion that, if the Governess failed to issue such a call before Dec. 10, they would construe her failure to act as a refusal of their plea to oust the tick, etc.

A Purpose. Of course the legislators of Texas were not half so aroused over the tick and the hoof and mouth disease as might appear. The highway matter was the crux of the situation, and behind the petition was a threat that the legislature might summon itself for impeachment purposes.

A Story. State Attorney General Dan Moody had charged that the highway commissioners were wasting money (TIME, Nov. 2), that since the first of the year they had spent $17,975,000 and had less than $105,000 left in the highway fund. But the matter was brought to a head by the decision of a case brought by Mr. Moody against one of the highway contractors--The American Road Co. Early this year two citizens of Texas incorporated this company in Delaware, and got a permit to do business in Texas. It had a capital of $10,000 and borrowed about $25,000 additional. It got a contract from the Highway Commission to "surface" about 1,000 miles of road with "asphalt topping" at 30 cents a square yard. The Attorney General believes that any good road contractor would have been glad to do this work for about 18 cents a square yard. In the first six months, the company did about half its job and was paid some $1,715,000. Its costs were $600,000 leaving about $1,115,000 profit.

Mr. Moody sued to recover $600,000 as "excessive profits." In court the Company voluntarily agreed: 1) to pay back $600,000; 2) to cancel the rest of its contract; 3) to forfeit its right to do business in Texas. The astounding implications of this action on the part of the company stirred up a hornet's nest around Governess Ferguson and her husband "Jim." It was understood that Jim had picked the members of the Highway Commission, and he was known to have attended their meetings. So it was felt he should share the blame with them. Last week, with talk of impeachment in the air, two of the three Highway Commissioners resigned. So they cannot be impeached; neither can the Governess' husband, because he holds no office. The only persons left to impeach were the remaining Highway Commissioner and the Governess.

A Problem. But for what could the Governess be impeached? No evidence or charge had been made public that the Governess or her husband had received or were to receive any of the road company's excessive profits. As the Legislators talked it over last week, they were not sure that they wanted to impeach Mrs. Ferguson, but if they could not "clean up" the highway situation in any other way, they thought they might impeach her for "incompetence" or "negligence."

An Estimate. Lee Satterwhite, Speaker of the State House of Representatives, told a reporter:

"Mrs. Ferguson functions as Governor so far as affixing her signature to official documents is concerned, but further than that I doubt whether she functions at all.

"During the legislative session no Legislator ever thought of going to consult Mrs. Ferguson about any matter of legislation. If Jim wasn't there when a Legislator went to the executive office, he waited until Jim was there.

"I had an experience about six weeks ago which is typical. I came down here to discuss some matter with the Governor. When I walked into the waiting room and asked for the Governor, his secretary said he was in conference. You will notice that we say 'he' down here when we mention the Governor.

"While I was waiting, Mrs. Ferguson appeared in the rotunda and I walked out and talked with her for five or six minutes. It was just a social visit. I did not even think of mentioning the object of my visit with her. Then I went back to wait my turn to see the Governor. In a few 'minutes I was ushered in to see Jim. While I talked with him, Mrs. Ferguson sat at her desk and signed official documents.

"Mrs. Ferguson is a splendid woman, but she has never shown any interest in governmental affairs."

A Rebuttal. "Jim" Ferguson interviewed newspaper reporters in the Governess' office. Some of his remarks:

"Speaker Satterwhite, the leader of this fight, who is a big West Texan with more ambition than sense, came into this office and impudently threatened to call a special session of the House for impeachment purposes if my wife did not convene the Legislature.

"I said, 'Old man, you can call it right now if you've got the nerve.'

"Naturally, my wife was there, and she had that much sense that she said: 'Mr. Satterwhite, do you mean to say you would bring impeachment proceedings against me without any evidence ?' . . .

"In the first primary last year, I ran second to the Klan candidate. ... I mean my wife ran second. . . .

"We haven't decided whether we will run for Governor again next year or not."

A correspondent of the New York World described the interview as follows:

"Ferguson talked, with figures and statements supporting his argument beside him. He leaned back in his chair clasping his neck with his left hand. He has extraordinary charm. His language is rich and picturesque, his grammar all his own. 'A nigger-lipped sand-lapper,' was the description of one opponent. He described the unwillingness of politicians to leave office as, 'You cain't cut a feller offen his clabber.' His enemies, he said, 'ain't worth hating, nohow.' '

A Proclamation. The Governess issued a proclamation that had nothing directly to do with the case:

"I, Miriam A. Ferguson, Governor of this state, charged with enforcement of the law of the state, do hereby offer a reward of $500 for the arrest and conviction of any citizen of this state for violating the liquor laws who is worth, in property or money, as much as $5,000 ....

"If wealthy business men can fill their lockers full of liquor and boast in company about how much they have and the brand they have and not be molested, while the penitentiary is being filled with poor devils who have neither friends nor money, who have been found guilty of having a pint 'on the hip' or making a little liquor for home consumption--then, indeed, when all these things happen justice becomes a mockery and the law becomes a stench in the nostrils of all law-abiding people."