FAMILIES UNDER THE RAIL – Batto & Miles Legacy

We’d like to share with you today a love story of sorts … the love of a generous couple for each other, the love they had for their community and country, a love-filled promise from one friend to another, and the love they all have for their home and ranch. The couple is Leo and Pinky Batto and the account of this story was given to us by Mrs. Barbara Miles, all of Leon County.

Keeping a Promise

 

Leo and Pinky Batto

Leo and Pinky Batto

Shortly after World War II ended Leo Batto, a native of Bandera, met Ben Beene, who had re-located to Bandera from Leon County. When Mr. Batto accompanied Mr. Beene back to the Jewett area, he was amazed at the abundance of grassy pastureland and decided it was the perfect place to make a home for himself and his new bride. As a veteran, he was able to purchase property six miles southwest of Jewett from the Barkley family out of the Underwood and Wilkerson surveys with assistance from the GI Bill. After moving his cattle from the Hill country to Central Texas and while making improvements to the nearly 700 acres, the Battos lived in several temporary residences, one of them being a log corn crib original to the property. They built their home in 1965. Mr. Batto worked at the Buffalo sale barn, but he was never happier than when he was home on his ranch with his dogs.

 

After working at the State Bank of Jewett and Hilltop Lakes Resort in the late 1950s and early 1960s, Mrs. Batto, known as Pinky to her friends, went to work in the Leon County Clerk’s office. During her years of service, Pinky became an unofficial authority on Leon County history, especially their ranch, which she researched extensively, piecing together its history. She learned that remains of a rock formation and depression referred to as “the Indian bowl” is located near the two miles of Brushy Creek that traverses the ranch. Native tribes were said to have used it to water horses and draw water for their camps. Numerous arrowheads have been excavated from the area. While exploring their property, the Battos also discovered remains of slave quarters farther down the creek bank. In the 1930s and 40s, the fertile creek bottom yielded an abundant cotton crop, which was hauled to the gin in Jewett.

 

During Jim Miles’ service as Leon County Commissioner for Precinct #3 (1992-2000), he and his wife, Barbara developed a very close and loving relationship with the Battos. Mr. Batto and Mr. Miles partnered in a cattle operation, with Mr. Miles taking over some of the aspects of ranch management that Mr. Batto was no longer able to perform. In the mid-nineties, Mrs. Batto was diagnosed with late stage cervical cancer. Having no other family to see to their needs, the Miles’ cared for Mrs. Batto until her death in 1999. During Pinky’s last days, she asked the Miles’ to take care of her beloved Leo, and their ranch; she never wanted it to suffer the fate that so many other large properties in the county had—being cut up and sold off piece by piece to “weekenders.” She knew that as a Leon County native, Jim understood the importance of the land, of their love of it. Pinky also wanted Jim to promise that she and Leo be buried in the old orchard near their home and that the Miles’ assume stewardship of the ranch—the place the Bandera natives called home for more than 50 years—and to preserve it in its entirety. Shortly before Leo’s death in 2006, the Miles’ built their home just west of the Batto home on what is now known as the It’ll Do Ranch.

 

Jim and Barbara Miles

Jim and Barbara Miles


 

Mr. and Mrs. Miles, who have been married since 1982, operate a cattle ranch and sell Angus Plus bulls. Several rescue animals call the ranch home as well, including a buffalo bison (“Bob”), a thoroughbred retired from the TAMU polo team (“Chi-Chi”), and a donkey (“Ruthie”). More than 25 species of birds live here. Though some were lost in the drought of 2011, there are several Water Oaks here that date back several centuries and measure more than 4 ft. through; some have a circumference of 18 ft.

 

Prior to their moving to their current residence, the Miles’ lived on Hwy 79, near Leon School. When a high-speed rail project proposed in 1992 threatened to destroy their home, they joined the grassroots movement that eventually derailed the project. They are determined to fight this latest threat as well, which is proposed to effectively cut their ranch in half, destroying years of work and more than a century and a half of history. Mrs. Miles, who directs the Jewett Historical Museum, also sees this as a threat to the local economy and area tourism, two things that small towns count on for survival.

 

The Miles’ will do what it takes to honor the Batto’s memory: the ranch will never be voluntarily split up and sold off as long as the Miles family owns it.

Stay tuned to Off The Rails for more from the Batto & Miles Legacy and from Families Under The Rail. If you would like us to feature your family legacy in Families Under The Rail, please contact us at info@TexansAgainsHSR.com today.

Request To FRA Regarding Safety Concerns

Texans Against High-Speed Rail recently learned through an open records request to TxDOT that Texas Central Railway has applied, or will apply, to waive all or part of the currently applicable passenger rail safety standards.

Today, Texans Against High-Speed Rail sent a letter to the acting director of the Federal Railroad Administration, and copied the top officials of the NTSB, TSA, TxDOT and Texas DPS, regarding the critical safety concerns raised by yesterday’s tragedy aboard the Shinkansen HSR in Japan. Priority being placed on convenience rather than safety is unacceptable. Promoting an HSR system as a “traditional railroad” so it can be afforded the power of eminent domain, while attempting to waive safety regulations of traditional passenger rail because the two are somehow different is not only unacceptable, it is deplorable.

If you’d like to see an enlarged pdf version, just click this link:

FAMILIES UNDER THE RAIL – Page Legacy

If you were watching CBS This Morning on March 12th, you may have seen a short interview with Rhonda Page Jordan from Waller County. We caught up with Rhonda so we could bring you more about her family legacy and the land that’s been in her family for over 130 years and is being threatened by this high-speed rail project.

1

The current generations of the family living on the Page Family Ranch.

When asked about the family legacy of her land, Rhonda said:

John William Page, Sr. and Mary McNeil Morris Windham, my great, great grandparents, married in 1864. Mary’s uncle, Joel Robison was a Colonel in the Texas revolution. April 22, 1836 was the day after the battle of San Jacinto and also the day he saved a Mexican soldier’s life. Upon the threat of being shot after refusing to walk further after capture, Colonel Robison reached out and pulled the soldier horseback behind him, noticing white satin cuffs under a common soldier’s suit. Once delivered to General Sam Houston, the Mexican soldier revealed he was, in fact, General Antonio Lopez de Santa Anna. In gratitude, the General later gave his gold brocade vest complete with gold buttons to Uncle Joel, which was then shared with bridegrooms from surrounding counties.

 

2

Taken in 1932 of M L (Bud) Page.

John and Mary Page went on to have a son, John William, Jr., who married Helen Hegar, daughter of Alfred and Helen Hegar, in April 1864. They began their lives farming 48 acres in Hegar, Waller County, Texas, in 1881, growing his spread to 350 acres and, later choosing ranching as a way of life. The Great Depression forced my grandparents to move to Houston to make their living, but Grandpop held the land even during those hard times. My father, the eighth child of eleven born to Alfred and Helen, and his brother, James August (second son) went on to continue their father’s legacy of raising Registered Red Brahman cattle. Both lived here until they passed.

 

It is on Page Ranch that my family also lives. My sister makes her home here. My mother, at age 96, resides here raising a small herd of commercial cattle with my brother and his family. My husband, Doug, and I partner a commercial cattle herd here with our daughter, her husband and family, who also built their only home here. Together our lives center around the children, grandchildren, horses, chickens, cattle and hay raised on Page Ranch. Living here forty years, this is the only home Doug and I have owned. We are fortunate God has given us the ability to live and to enjoy the abundant wildlife here. We are blessed to have children who watched animals being born and dying; who bottle-fed calves and pigs, who returned baby birds to their nests. There are no words to explain what the loss of our ranch means to us.

3

Taken in 2005 of 3 of the 6 generations who have lived on the Page Family Ranch.

 

This is our home Texas Central Railway threatens to take. Loss of income due to loss of acreage for pasture and hay, with no way to recover loss of property value or use, are unnecessary losses. Disruption of human lives, domestic livestock and wildlife, change in water flow and retention, and decimation of grazing pastures doesn’t begin to explain the changes one could expect, and that is only during construction of a high-speed rail. Constant noise and movement, near constant trains blasting through the quiet peacefulness is not an 1adjustment, it is an alteration. Terrorism threats, derailments and loss of wild and domestic life is not taken lightly. These can be prevented. Texas is a land of ranchers, farmers, property owners. It is a heritage, a way of life. Are Texans willing to trade private property ownership for eminent domain and a Japanese train? Rural Texans aren’t and we pray for the support of those who live in cities, but enjoy a quiet country drive or bicycle ride.

Stay tuned to Off The Rails for more from the Page Legacy and from Families Under The Rail. If you would like us to feature your family legacy in Families Under The Rail, please contact us at info@TexansAgainsHSR.com today.

Despite Rider 48 Vote, Texas Will Not Fund HSR

As you may know, High-Speed Rail was subject to a highly unusual and highly publicized vote last night by the committee making final decisions on the state budget. After requesting that budget writers confirm that there is no current authorization for state support of high-speed rail, the committee voted 6-4 against a proposal by Senator Schwertner to place language in the budget explicitly forbidding the Texas Department of Transportation from spending any state money to facilitate the project. Senator Joan Huffman, who voted against the rider, emphasized that the vote should not be interpreted as support for the proposed HSR project, which she believes needs more study and should not begin without further evaluation from the State.

Texas Central Railway argued that Senator Schwertner’s proposed rider would kill their project as the Texas Department of Transportation has to be involved in planning and oversight; however, the last known version of the rider included language that would have allowed for TxDOT coordination and oversight. We know that no HSR project has ever existed without government subsidies, which is why we supported Senator Schwertner and his rider. However, in spite of the technical outcome of this vote, the committee sent a clear message to the Dallas Houston HSR investors and lenders, along with TxDOT, that State money will not be available for the project and included provisions, consistent with legislation supported by Texans Against High-Speed Rail, which require notice and reports to be made to local officials before a passenger rail project can begin in Texas.

Although the legislative session is coming to a close, Texans Against High-Speed Rail will continue to work with legislators as the issues related to HSR continue to be debated on transportation bills still under consideration by the Texas Legislature. We will keep you informed on how you can weigh in on those bills. Despite the rigorous pace of the legislative session and the urgency associated with our efforts, we must remain steadfast in our long term opposition plan. We thank you for the important role you have played, and will continue to play, in support of Texans Against High-Speed Rail and legislation that will protect landowners from losing their land and their heritage to an ill-conceived rail project that is not right for Texas.

You can read or listen to the discussion by the State Budget Conference Committee and the Legislative Budget Board below in the transcript or by clicking the red link for the video (NOTE: the discussions about Rider 48 begin at 5:22) …. Appropriations: Conference Committee Meeting on HB1 – May 21st, 2015.

Rider 48, High-Speed Rail Limitations
Budget Conference Committee Hearing
84th Texas Legislature
May 21, 2015

Senator Charles Schwertner –

“I’d like to make a statement, Mr. Chairman.”

Chairman John Otto –

“Sure, Senator Schwertner.”

Senator Charles Schwertner –

“Thank you Mr. Chairman. Members, this rider is about protecting the taxpayers, citizens, and property owners here in Texas. This rider is not put forth to the Senate Finance Committee in the dead of the night or through a backdoor maneuver, as I’ve read in the press. This was openly discussed in a unanimous decision coming out of the Senate Finance Committee in, subsequently, a 30 to 1 vote on the floor of the Senate. Simply put, this proposal of a high-speed rail in Texas has been sold to the people of Texas, and the taxpayers of Texas, and to members of this legislature that it will never require state taxpayer dollars to help with it’s operation or upkeep or construction. And I believe when a private enterprise promotes that promise, it should be held to account. And this rider does that. Simply put, it says that no state taxpayer dollars will be utilized in the construction of high-speed rail. It’s very simple. And it corresponds, of course, with the promise that has been made by private enterprise. However, I believe when you look across the countries and actually the entire world, there has never been a high-speed rail that has not received subsidization by the state or the government. So, I believe we’re being sold a potential bill of goods. Um, and I believe in the long-term that the citizens and the taxpayers are going to be left holding the hook … and that’s already occurred actually. The federal government, with the proposals for the building of this high-speed rail, have already put forth a TIFIA Loan, which is a $5 Billion federal infrastructure loan, which is subordinated debt, which means it comes … the repayment of that debt comes after repayment of the other aspects … other obligations of that enterprise. So, I, again, believe that we need to as a legislature, take a strong stand that the state of Texas, when told that they are not going to need state taxpayer dollars … hold them to account. And that’s all this rider did. So with that, I appreciate the opportunity, at least, to state my point of view regarding this rider. Um, and my attempt to try to, again, protect the taxpayers and property owners here in the State of Texas.”

Chairman John Otto –

“Senator Kolkhorst.”

Senator Lois Kolkhorst –

“Thank you Mr. Chairman. For clarification in moving the Senate that means that there will be no rider that speaks to the high-speed rail project, is that correct?”

Chairman John Otto –

“This is a motion to adopt the Conference Committee recommendation which is House, which would be … there would be no rider.”

Senator Lois Kolkhorst –

“That’s correct. And I just want to reiterate what Senator Schwertner said about the rider being discussed in the Senate. I had a bill, Senate Bill 1601, as well, that would have taken eminent domain authority away from this private company, and in those discussions that passed out of the transportation committee, it was said several times that this was a project that would not utilize any taxpayer dollars. And I think that the spirit of the rider in the Senate reflects what they had stated numerous times publicly. And so I appreciate you allowing us to sever this to represent our districts, whose land will be greatly affected by this, and I agree with Senator Schwertner that this could potentially have grave consequences for the State of Texas. Thank you.”

Chairman John Otto –

“Ok. Senator Huffman.”

Senator Joan Huffman –

“Thank you, Mr. Chairman and members. I’d like to support my fellow Senators here and say that, and to speak up for Senator Schwertner, to say that this was not done in the dead of night. It was discussed in the Senate. Also I’d like to state publicly that I am going to vote yes and concur with the House to ensure that the process moves along. I hope that agreeing to look at this further does not mean or is misinterpreted as being in support necessarily of the project. So, I think that’s an important message to be heard. It’s something that will be discussed, and researched, and looked at, and that’s simply what these votes mean. I just wanted to state that. Thank you very much.”

Chairman John Otto –

“Senator Kolkhorst.”

Senator Louis Kolkhorst –

“Mr. Chairman, one more follow up for you and Chair Nelson is that there is no money appropriated in this money for the high-speed rail, am I correct on that Chairs?”

Chairman John Otto –

“My understanding is that not only is there no money appropriated for this, they don’t currently have the authority to do this under … uh, the way that the way that the Fund 6 is set up. It would only be if there was whatever discretionary money might be there. And my understanding is that’s all spoke … that’s all appropriated.”

Chairman John Otto –

“Chair Nelson.”

Senator Jane Nelson –

“Mr. Chairman, that is my understanding as well, but I would like to ask the Legislative Budget Board to verify that if that’s possible.”

Legislative Budget Board –

“That is correct. There is no money in this budget for high-speed rail projects.”

Senator Jane Nelson –

“Thank you.”

Chairman John Otto –

“Senator Schwertner.”

Senator Charles Schwertner –

“Yes, but I’d like to also… thank you, Mr. Chairman. The Mobility Fund does a lot of expenditure, although it’s oversubscribed to projects such as high-speed rail, is it not?”

Legislative Budget Board –

“Yes, that is correct, but you are also correct about it being oversubscribed.”

Senator Charles Schwertner –

“Alright. So, again, this message is out to the taxpayers and property owners that this project is being sold to the people of Texas as something that will never require state backing or subsidization or bailing out, and unfortunately I think that is a complete fallacy, and one that we will rue the day that we do not stop it up front. Thank you, Mr. Chairman.”

Senator Lois Kolkhorst –

“Thank you. Mr. Chairman.”

Chairman John Otto –

“Members, we are now going to take the vote as … let me just go back over it … if you vote … this is a motion to adopt the Conference Committee Work Group Recommendation to adopt House. So a no vote means you do not wish to adopt the Conference Committee Recommendation of House … a yes vote means you do want to adopt the Conference Committee of House. If there are no further questions, Representative Gonzales moves the adoption of the Work Group Recommendation for this severed item. Are there any objections? If not, clerk will call the roll.”

Clerk –

“Chair Otto”

Representative John Otto –

“No.”

Clerk –

“Chair Nelson”

Senator Jane Nelson –

“Yes.”

Clerk –

“Turner”

Representative Sylvester Turner –

“Yes.”

Clerk –

“Davis”

Representative Sarah Davis –

“Yes.”

Clerk –

“Gonzales”

Representative Larry Gonzales – 

“Yes.”

Clerk –

“Ashby”

Representative Trent Ashby –

“No.”

Clerk –

“Hinojosa”

Senator Chuy Hinojosa –

“Aye.”

Clerk –

“Huffman”

Senator Joan Huffman –

“Yes.”

Clerk –

“Schwertner”

Senator Charles Schwertner –

“No.”

Clerk –

“Kolkhorst”

Senator Lois Kolkhorst –

“No.”

Chairman John Otto –

“There being 6 Aye’s and 4 Nay’s, the motion is adopted.”

Statement regarding Rider 48 by Senator Charles Schwertner

Late this evening, in a 6-4 vote, I came up short in my attempt to ban the use of state taxpayer dollars to support the construction of a high-speed railway in Texas.

The budget provision I authored, Rider 48, was quite simply about protecting the taxpayers and property owners of Texas. Texas Central Railway has gone to considerable lengths to convince the members of the legislature and the people of Texas that this proposed high-speed railway would be built using only private funds — repeatedly claiming that this project can be accomplished without the use of any state tax dollars. The budget rider I authored was a straightforward attempt to hold TCR to their word…no more, no less.

I realize many of my constituents will be disheartened and disappointed by tonight’s result. However, this outcome says less about a battle lost than it does about our ability to prevail in a greater conflict. When I first came to Austin, I promised the people of my district that I would do everything in my power to stand up for them and fight to preserve their way of life. As long as I have the privilege of serving in the Texas Senate, I intend to continue that fight.