Newspaper Page Text
1'kobably 223,000 Texas cattle will
1m) driven northward this year, but It
is estimated that not more than 50,000
will he ottered on the markets, the
great bulk having alresuly been con
tracted by ranchmen.
Thk article headed "Newspaper
KthlcH" appears in the Dallas Herald
us an editoriid. It Is well prepared,
. . 1 ... .. n i W Yl
and conuuns sounu uovumc,
may be read with prollt by newspaper
men, and be studied with benellt by
those who hold themselves up as
models of virtue, preaching to and
The Illinois legislature has passed
a bill declaring sleeping car compa
nies to be common carriers, and ac
cording to its terms any one purchas
ing a lower berth shall have the right
not to have the upper one lowered or
made up unless actually needed for
some one else. We shall all breathe
freer when this law Is generally
adopted and enforced.
Tuk htockraisers of Montana say
that the past winter has uot lieen
hard upon the cattle, and that the
spring has opened more favorably
than ever before. They say that
shipments to the east will neverthe
less be quite small during the sum
liter, lMM'uuse the home, demand will
1ms much greater, by reason of the in.
Ilux of new population to the west.
Gkn. Hutlkk evidently hiis one eye
on the coming presidency. ' While in
Washington lately he gave his friends
the assurance that he was in their
hands. He also confidentially gave his
an inventory of his available stock of
support in the coming convention.
He includes in the list the New Eng
land delegates, and has hopes that
Mr. Tilden will couvey to him New
Dukinm the intst nine months the
lry goods imjHjrted into the United
Mates exceeded $10o,0U,000 in valuo
a total not reached in any corre
hponuTng'peiicV t.irun 1$"2. th yea;
preceding the panic. Added to our
Inline production, these enormous
imports indicate how important
part dress plays in the economy of
nations nowadays. Trade with our
merchants is obviously lirtak, and the
outlay for handsome raiment is a
proof of prosperity; still, the lesson
of 1873 should be kept in mind lest
competition lead to overproduction
iirul collapse. 1
THE Kr:llTE OF TAX OX TOItACCO
AM) 1.10,1 OKS.
The late congress, in granting a re.
bate to manufacturers and dealers in
loliacco, from and after the lirst of
May, made a ery serious omission
they neglected, in the presence of
public business, to provide any appro
priation whatever to meet the de
mands of those seeking rebates. This
duty devolves, therefore, on the next
congress, and long and vexatious de
lays must inevitably supervene before
any of these claims can be satislied
from the treasury. The forms that
arc to be filled are also necessarily vo
luminous and complicated, and many,
will be apt to fail in clearly under
standing what is required of them,
If any of the ceititicatesand ailldavits
are omitted, or a failure occur in the
accurate and complete filling up of
the various entries, great delay will
ensue in auditing the claims at the
treasury. All erasures and altera
tions in the papers niiist.of course, be
avoided; nor can any claim for rebate
be transferred or assigned, as such as
signments are prohibited by section
3477, United States Revised Statutes,
For the benefit of those of our readers
who are personally interested in this
matter, we give publicity to the fol
lowing extracts from an official com
munication from the treasury depart
ment to the collector of internal rev
cuue in tnis district: "Manufacturers
iuul dealers who preseut claims for
rebate of tax paid on tobacco, snuff,
cigars and cigarettes, on hand May 1,
1S$3, will be required, when taking
inventories of stock on that day, to
ailix a label to each stamped package
of tobacco or snuff of one pound or
more in weight; to each box contain
ing ht.umx-d packages of tobacco or
snuil less than oue pound in weight,
to each stamped package of cigars,
and to each box containing stamped
packages of cigarettes. Labels for
this purpose will be furnished by the
v government, in which it will be
necessary for the claimant to insert
iu writing his name and place and the
number of the collection district and
KEEP THE FUKD SACRED.
The Statesman has regarded the
passage of the bill, donating land to
the unlvesity, as a foregone cohclu
siou, and its adoption -by the house
yesterday goes to show thqt the con
elusion was made upon correct
grounds. The result shows that the
legislature Is imbued with a spirit ap
preciative of the purposes for which
the 'tiufversity was founded, and for
which it Is to be sustained. It was
sad mistake that a preceeding legisla
ture did not provide ample sustenance
to the suite's great Institution of learn
ing. Twelve months ago had the
donation of two million acres
been niade, as then proposed, and as
agreed to by the senate, the universl
ty would, with wise administration,
never more have required a dollar
from the state. As it is, it depends
upon the policies adopted in deriving
a revenue from the lands, and the ca
pability and proficiency of the insti
tution as to whether anything more
may be needed as permanent endow
merit. These land donations are pure
ly in the nature of a permanent fund.
and the regents have no power to di
vert them rrom orignal pur
poses. Tbey must bo held, for the
purpose of deriving revenue, and
this revenue must be applied to the
running expenses of the institution
paying the salaries of professors and
teachers and other employes, and for
the usual incidental expenses of such
ivn establishment. This permanent
fund can never be applied to building
or to scientific appliances and estab
lishments, and it is to be guarded
with the utmost wisdom and care, to
prevent ' its impairment. Therefore
the lands should not bj sold.
. They should be leased, as
first means of acquiring revenue, for
a term of years, and when tne first
leases expire they should be released at
advanced prices, and be held as a per
petual and indestructible endowment
Miould tho regency sell lands, and in
est the proceeds derived thorefro'
in proper seeurites, subject to fluctu
ations in value, the probability is that
the fund might be depreciated, while
It could never be enhanced. Reten
tion of the lands, deriving from them
revenue by means of leases, would
in the end make the
university of Texas one of
the most richly endowed educational
Institutions in this country, and if
the fund be not sufficiently guarded
the legislature should not adjourn
without throwing around it every
safeguard for being sacredly preserved
as a permanent fund. The regency is
certaiidy thoroughly alive to the im
portance of this question, and being
so, It t ould be wise to give every aid
and at-surance, that whatever may be
done by the regency will hold under
the plain letter of law. With any
necessity, that might arise
for constructing buildings and
for making Improvements in property
there should be found no right to
ake oue dollar from the permanent
fund for anv such purpose. The insti
tution can better afford to be without
buildings than to bo without the
ablest professors and teachers, Lei
us have these and in their own good
time, it may be hoped, every other
necessity may be provided.
T1IE RAILWAY BILL.
Yesternay the senate adopted, with
but one dissenting voice, the Gibson
nil, and of course the governor can
not refuse to approve it. This bill
uieets all the present- requirements of
causes at issue between the people and
the railways, and although It may not
e satisfactory to the latter, the com
panics will have to low to what is
popular will, and must adapt their en
terprises to the requirements of law-
It was clearly the case that supervis
ion was necessary, the condition of
certain railways in the not very dis
tant past proving this fact be
yond a doubt. Competent su
pervision has been a necessity
as are certain restrictive measures
provided for in the bill It suits the
people, and though compliance with
the regulations and restrictions may
be considered by the railway com
panies somewhat, oppressive, at first
in the end they will, as we predict.
be recognized as just and right, and
entitled to the strictest observance.
The Statesman Is especially pleiised
at the passage of this measure. It has
been the advocate of railway super
vision, and it immediately recog
nized In the general purposes of this
bill. If it did not when first presented
fully meet the requirements of the
case at point, that it could be made
to reach them. Respect for the author
of the bill made those who favor reg
ulation anxious to see it meet public
requirements, while this it h;is been
made to do, and the Statesman lent
Its aid in raising this proposed law
to a standard of excellence especially
adapted to the present "condition of
the state. The passage of this bill is
another feather in the cap of the
eighteenth legislature. This body
has now signalized itself in peniten
tiary legislation; it has endowed the
university ; it provides a school land
bill, which,' though very de
fective In some particulars,
meets a great and crying necessity
and now it does what no other legis
lature has done, solves the railway
question,, presenting a law which will
not require amendment until the
state Is checkered with a perfect net
work of railways, penetrating all sec
tions and all counties, and affording
means of transportation for the in
habitants and the products of every
portion of the state. Without
executive advice, without a clear
head and a brave heart to direct it
towards wise measures of legislation
with conflicting elements to be har
monized by means alone within them
selves, the course and the success of
the legislature is to be wondered at.
The legislative craft, in truth, went
out into the rugged seas without helms
man, and rudderless, and that It safely
passes through stormy seas, is attrib
utable alone to its own merits. .Its
independent and successful cruise,
under circumstances, is wonderful.
Has a newspaper the right, legal or
moral, to receive compensation for
editorial advocacy of any measure,
private or public f Strange as it may
appear to some, there have been per
sons that have not hesitated to per
emptorily decide this question in the
negative, and nave accordingly heap
ed abuse upon the journal that would
act upon the affirmative proposition.
I he genuine newspaper of to-day is
not, as in times past, an organ,
unless It so announces or professes
itself. Its material, its labor.
skill, and other concomitants
are absolutely owned, or supposed to
be owned, controlled and paid for by
its proprietors, as much so as are the
books, desks, talents, etc., of the at
torney. It professes to inform the
people, its subscribers, with the cur
rent news of the times, and along
w ith this to offer comments upon the
living issues which grow out of such
transpirlngs. The value of these com
ments are assessed Dy tne intelligent
mind according to the strength ot the
arguments adduced, and the editor is
supposed to have his own reputation
as a correct guide at stake in
his efforts. The motives which
may have inspired his. course are fac
tors hi that assessing process, and his
opinions will have force, as his intelli
gence, integrity and sincerity may be
estimated above or below par. But,
in its last analysis, the determining
question with the reader is, how
strong are the arguments ? He is not
a sworn officer under . pay, obligated
to a certain line of duty in a prescrib
ed manner, but he is purely the free
enunciator of his own views in his
own way, and through his own prop
erty. And it is immaterial whether
the subject-matter appertain to a pri
vate measure or a public corporation.
His endorsement of every advertise
ment that appears in his columns will
unquestionably weaken or wholly
ruin his influence, so too with his edi
torial advocacy or denunciation of
every measure that may be proposed,
whether the scheme be of private,
municipal, state or national character.
Rut that he has a right to so direct
himself can scarcely be questioned.
If this be true, who shall draw the
limit and say where friendship, enmi
ty or moneyed consideration shall or
shall not determine his course t That
journals which acts as the
unla-e uron the bench of indi
viduality, weighing the facts and
arriving the rule of right, rather than
as a paid advocate for the exclusive
promotion of one side alone, regard-
lets of right, will always very natur
ally have the greatest weight with
and compel the readiest assent of its
readers. Yet because a side is es
poused in view of its merits, there is
no good reason why the lawyer or
tne journalist snouid not be remun
erated by those whose interests he
contends for or promotes. To illus
trate' in a homely manner, let us as
sume that an important railway is
proposed to be constructed to run
through a certain county and city.
iTejuuice, personal interests, or rath
er similar inspirations, throw ob
structions in the way. The journalist
is appealed to to use his influence
through the newspaper columns to
rvmove these by tne publication oi
the facts, and elafioration of the bene-
hts to accrue to such county and city.
Is there any corruption, bribery or
wrong in the receiving of compensa
tion for this work by the paper?
Suppose further, that the municipal
council is plied day by day with thes
arguments, is the real status or tne
case altered y For are not the council
supposed here to be only the consoli
dation or tne popular win r aim so,
ascending to the state or national legis
lation.the same logic applies. The unco-
liioralitv which denies this is aKin to
that religion which would enforce re
ft gion. If a journalist undertakes to
brile or corrupt a legislator, or any
other official, then is he indeed, under
the law, guilty, but he isguillyonly
iT-.l I 1 Tf ............. r..... ....
as an intii viuuui. n ucsiiiri .--sumes
to be an organ, or some other
advocate, and betray its trust by de
ceit or otherwise, by so much is it
censurable, and sinks in the popular
estimate. In the matter of criticism
of officials, the true rule with the
right-minded journalist would seem
to us to be. to give the frankest
support to whomsoever discharges
the duties of the office, taken under
oath to and paid for by the people,
without money and without price;
and to be equally free and bold in the
exposure and denunciation of wrong
wherever practiced and whenever
seen. All should. In this regard be
treated alike and from the standpoint
of the general interest only. The
journal that consistently pursues this
course, just as in the case of the mer
chant, must needs command the poj
iilar confidence and reap a rich
reward as well. Rut the question
of compensation for editorial influ
ence is one of expediency alone, and
not of public morality, as treated of
by the laws of the political organism.
Very much of the public sentiment
has lweii astray on this subject for
want of due oonsideration of that
private enterprise, the real newspaper
run on business principles.
OUR SEW YORK LETTER.
A Few Points About the City of
Brooklyn It is Less than Fifty
Years Old Events In the Past For-tr-one
Years What a Prominent
Texan Says About the Stateman
Past and Present.
From Our Special Correspondent.
New Your, April 2, 1883.
In nrevious letters I have given
sketches of New York, but in this I
will give a few notes about Brooklyn
and the events of the past fifty
The growth of Chicago in the past
li i ty years, irom an inuian iriuuug
ramp U 'it city oi OUI.OUO souls, has
Iteen marvelous indeed, nut no mine
so than has that of Brooklyn, lifty
years ago only open fields were to be
seen w here now stands the stalely
city of overOUU.UHJ souls. Then people
from this side the river crossed over
there toshoot birds and hares. Even as
late as 1841, when the Brooklyn Ragle
was started as a Democratic paper,
the city had but 37,000 population, and
had only been incoriorated seven
years. Then Fulton street was the
only business thoroughfare, and be
yond the city hall, hut lour or live
blocks from the river, only country
roads and fields greeted the eye.
Beecher and Plymouth church were
not there then; he was in the western
wilds ol Indiana making fame and
developing into a f ull-llcdgcd broad-
guage preacher, ine only ierries in
that day were row boats, anil they
made irregular trips. Old fashioned
pumps supplied the inhabitants with
water, anu woou was useu as mui in
stead of coal. About that time, or in
1838. the first steamer irom England
arrived at the port of New York, and
the next year .worse laid tne
first telearrabh line from Wash
ington to Baltimore. Railroads were in
their f ormati ve state, so to speak.there
being less than 2000 miles of rail on
this continent. The New York and
Erie railroad was then being built.
and the utility of horse railroads in
cities had not been demonstrated.
About that time fish oil lamps took
the place of tallow candles, and gas
was being talked of as the coming
light; envelopes, too, had just dis
placed sealing wax, and goose quills
were giving way to steel pens. Iron 1
ships to float the seas had not been
tested, and gold had not been discov
ered in California. In point of time
Albany was as far from New York as
Chicago is now, and a passage acros3
the Atlantic consumed twenty-one to
twenty-five days, or three times the
amount of time that is required now.
John Taylor was then president, and
slavery was beginning to be a patent
faction in ruffling the surface
of the political waters, which,
in 1861, engulfed the country
in a first-class storm not a storm of
the Wiggins kind. Then it was only
forty-one years ago that Henry Clay
was the political comet of the day;
that John C. Calhoun was advocating
secession or nullification, and that
Webster was in the full enjoyment ot
his fame as an orator and was secre
tary of state. Oh, gentle reader,
think of the changes and events that
have taken place in this "land or tne
free and home of the brave" during
your earthly pilgrimage, especially if
you have survived as many as forty
or fifty very severe -winters. Camp
ing places have grown into towns
and towns into cities; political ques
tions have passed away and a -score of
politicians anu statesmen nave dis
appeared with them. But while our
country has passed through many
trials and met with severe losses,
still it has advanced as no
country ever advanced before in
the same length of time, and as we
stop to-day to recall some of the pas-
ing events in its history, we nnd mat
it Is prosperous and at peace with the
world and still marching on to future
greatness and glory. Here, there and
everywhere, irom tne Atlantic tome
i'aciuc, and irom Canada s snore to
the Mexican border, cities spring up
like a mushroom, almost in a night,
and the general resources ot our great
country increase and multiply at a
rate corresponding with the growth
of our large cities. The amazing
growth of Chicago and San Francisco
came from a force of circumstances
and the settlement of the great west,
while that ot Brooklyn sprung main
ly from New York a overflow. Be
fore the street car era people -pre
ferred to live near their business,
and as business at that time hugged
the river on this side people sought
homes on the other shore of East
river. A few years later came the
manufacturing era, and "that gave
Brooklyn another impetus; and, as
we look over the situation to-day, we
find that in the multiplication of pop
ulation Brooklv has not played second
fiddle to New York or any other city
of the union, and that now its hope
and prospect of becoming the largest
city on the continent within hfty
years Is by no means a delusion or
improbable. But outside of its manu
facturing industries it possesses no
commercial advantages of importance.
It is a city of homes and manufacto
ries a sort gf apartment or auxiliary
establishment to New York, entirely
void of that life and bustle that char
acterizes a great citv. Its hotels are
Bimply overgrown boarding houses,
and it is somewhat noted as a city
of "brotherly love" and churches,
situated on Long Island and
under the shadow of New York,
largely under the influence of Beech
er and Talm;ige. Brooklyn has beau
tiful parks and drives and many
charming residence streets. Pros
pect park is a charming place, and
pleasant Sundays thousands of people
assemble there to spend the day. The
drives in the park are very fine, and
the scenery is varied and charming.
Greenwood cemetery, too. attracts
thousands of people in pleasant
weather. -There is no cemetery in
this country that will compare with
it in beautv and interest. It is elabor
ate beyond-the conception of those
who have never visited a "high toned
city of the dead." Lakes, foun
tains, flowers and terraces greet
the eye on every side, and
thousands of towering tombstones
and massive vaults that cost thou
sands of dollars are to be seen. The
drive, too, is beautiful." All Brook
lyn is pioud of Greenwood "cemetery.
Your corresDondent has been aclose
reader of the Statesman for the past
few months, and has noted with
Dleasure its hiirhtoned. dispassionate
course in discussing the issues of the
day, especially questions mat nave
come up in the legislature. The
Statesman, like the best dailies of
the large cities, seems to have no
ambition to be an organ or
the mouthpiece of a man; but as-
Dires to represent the people
and the best public sentiment of the
country. While professing to be a
Democratic paper and awe to snow a
record to that effect, it is not so
blinded by partisan feeling that it is
unwilling or afraid to sound an alarm
when in its judgement there is occa
sion for it. Positive newspapers like
positive men must make enemies, but
when they make them by fighting for
the right and for the interests of the
people they "knock out tneir ene
mies more times by a large majority
than do their enemies "knock them
out." A good newspaper does not de
pend upon favoritism or the public
crib for support. It does not fatten
on smiles or recognition nous irom
governors, congressmen and mayors,
etc. Even if it did, there might
be a streak of fat and a streak
of lean, for these same governors,
congressmen and mayors might be
displaced in two to four years by a
different set of fellows, who might
not indorse what their predecessors
and their organ had said and done
and demand a "right about" on the
part of the paper that could not con
sistently be done, iu which event
another paper might be subsidized to
take its place. The patriotic paper,
that is useful and true to its party, is
not the one that "goes it blind," but
the one that calls a halt when its own
party is being led astray. The New
York Tribune and Times, the mother
and father of the Uepublican party!
found it necessary last year to assist
in the election of a Democratic gov
ernor in this state as a warning to
"machine rule" and corrupting in
fluences in their own party, and
in many other states last
year we hail similar illustrations.
It is far better that party papers
should be at least independent on
questions that are of no concern to
their party outside of the state, and
by being so they invariably gain more
than they lose. A man or politician
may now and then stop his paper if
it refuses to indorse him, but that
does not "bust" the concern. The
Statesman has quite a list of sub
scribers in this city, several of whom
formerly lived in Texas and have read
it for years. One of them was the
other day speaking to your corre
spondent about it, and remarked that
the Statesman had always been a
fearless, outspoken paper, and
he thought purely
. ( I
. truUc - and eonsctentfoas. 1 1
has, he said, fought many hard
battles, met with reverses, tusseled
with jHJveitjTreceived the jeers of its
enemies who would rejoice to learn
of its failure and suspension, which
they predicted; and yet, said he, the
Statesman is to-day an abler and
stronger paper than it has ever been
lefore. lie then branched off on the
peuitentiary question and remaked
that the Statesman, as usual, was
right and would come out ahead, re
gardless of what the legislature and
the governor said or done. Your cor
respondent does not feel at liberty to
give the give the gentleman's name,
but he can say this that he is a man
of freight and influence in Texas.
The Cost of a First Class ew spaper.
Charles A. Dana.J
It costs a great deal more than it
did ten or twenty years ago. There
is a great improvement in the intel
lectual quality of the newspapers of
New York city, and they are better
furnished with tident in every de
partment and spend a great deal more
money for adequate contributions than
they used to spend fifteen years ago.
The cost of white paper" formerly
made up fully one-half of the
whole expense of the newspapaper,
now it makes up about one quarter;
then, paper cost from twelve to fifteen
cents per pound, now it costs from
six to seven cents per pound. Owing
to this great reduction in the cost of
paper the well established . newspa
pers in New York city are all of
them making money, and even the
Tribune, which has been way down
by immense investment in real estate,
seems at last to have got through
with the effect of this misfortune and
has commenced to do more than pay
A first rate newspaper of New
York will require about ten editoriid
writers, whose duty daily is to furn
ish leading articles and editorial para
graphs. Many of these writers will
have their special duties, and there
must always be five or six men who
are able to turn their hands to sub
jects of any description, as they hap
pen to come up. A competent writer
of leaders will be paid from $100 to
150 per week; and no man fit to
supervise them and perform the
functions of editor in chief can be
had for less than from $150 to
$200 per week. The reporters
are of two classes; first, those of the
regular staff, who are paid by the
week, at rates varying from $30 to
$G0. These perform not only the
routine duties of reporting, but are
always prepared to be sent off
upon special service,
in which case their railroad fares, car
riage hirewhotel bills and other ex
penses are paid by the ottice.
"Then there are a number of report
ers who are attached to each paper
who are paid according to the work
they perform and without having any
prescribed functions, and should be
In readiness to do whatever may be
necessary. Some of these gentlemen
are men of talent and learning and
in time will make their way into the
front walk as writers and editors. I
know several men who, without hav
ing regular salaries, will average
from $50 to $75 a week. Of these two
classes of reporters a first-rate
paper must employ about fifty.
Next there are the correspondents,
both at home and abroad, and these
are likewise divided into two classes,
those who are employed upon regular
salaries and those who are paid as
their contributions are printed. In
Washington, for instance, each news
paper has need of regular jrrespond
ents or reporters and of occasional
contributors, and the different papers
differ as to the respective numbers of
these two classes. In Albany each
New York pper must have its regu
lar staff devoted to this service,
in the other capitals, of such states
as New Jersey, .Pennsylvania,
Ohio and Massachusetts, they are
served by occasional correspondents
since the news of these more distant
places is for the most part not import
ant enough in New 1 ork to be con
stantly reported there. In Europe,
also, every leading paper has its regu
lar staff of correspondents. There
must be a correspondent in London
and one m .fans, wno report con
stantly either by post or by cable.
In the Sunday edition of most
prominent papers of New York city.
there is always a cable dispatch sum
ming up the news of the week and
reporting interesting political, social,
artistic or literarv events on "which
the reporters of the associated press,
whose telegrams are forwarded every
day, do not ordinarily dwell. Thus
the expenses of the sort of papers we
are considering vary for the most
part, mainly as they print . large or
THE ALMS HOUSE STIAME.
Boston, April 9. The Tewksbury
alms house investigation was con
tinued. The usual daily report of
neglect was portrayed by the different
witnesses. The using of morphine to
quiet children; scant amount of cloth
ing and food for adults; traffic in dead
bodies, eta, was testified to by several
FLOODS IN MINNESOTA.
St. Paul. April 9 . Water under
mined one of the piers of Third street
bridge across the Mississippi, and
owing to the rapid rise in the Minne
sota river the bridge at Fort Snelling
will be flooded in a few hours. There
will le no communication between
west and niain St. PauL
h. c ' ' : . ss--s--sss--t---ss
Continued From Second Page -J
Seventy-Fifth Day's Proceedings.
Austin, April 7, 1883.
The senate met at 10 a. in., Hon. A.
W. Houston presiding, and a quorum
The chaplain. Rev. Dr. Smoot,
The journal was not read.
Mr. Pfeuffer, for the conference
committee upon the general appro
priation bill, asked that the committee
be granted free conference powers.
Granted, on motion of Mr. Shannon.
Action upon appointments of fish
commission was postponed until a
The special order of the morning, a
bill increasing the pay of teachers of
public schools, was postponed to Mon
day after the morning calk
Mr. Shannon called up the
HOUSE KAILROAD BILL.
Mr. Harris: Amendment to change
the allowance of the engineer over
his mileage expenses from $4 to $2.
Mr. Harris: Amendment striking
out the provision that where the fare
is paid to the conductor the rate shall
be four cents per mile. Lost.
The bill passed by a vote of 27 ayes
to 1 nay, Mr. Harris voting no.
On motion of Mr. Getzandaner the
senate went into
Upon the appointment of fish com
missioner. After a session of great
length Mr. Lubbock was confirmed.
Senate bill No. 342, providing for
the adjustment iind settlement of
outstanding land certificates, came up
on third reading and passed without
a dissenting vote.
Mr. Peacock called up house bill
No. 527, prescribing the place for sale
of property under legal process in Ma
rion county. Passed.
Mr. Johnson, of Collin, called up
house bill No. 282, regulating the
weights per bushel of wheat, com,
etc. Passed to third reading.
Mr. Gibbs called up, by request,
house bill No. 485, for the relief of
Alsey S. Miller, Milburn Harrar and
Mary Woods. Passed to third read
ing. Mr. l'atton, by request, called up
Mr. Evans bill, for the.relief of the
heirs of John W. Thompson, who fell
at the storming of the Alamo March
Mr. Davis: Amendment that the
certificates registered can only be lo
cated on unappropriated vacant pub
lic domain, and the state is to be in no
manner liable if there is no land upon
which said certificates can be located.
Adopted, and bill passed to third
On nuitinn nf f r - Tv.W... 1 1- iUL fYll-
vu ""J.:l fl I t it ?r ......) w ....
--rrTiiu. Air. Jones was excused Irom fur
ther attendance during the present
On motion of Mr. Traylor, Mr. Har
ris was likewise excused.
On motion of Mr.Gibbs,Mr. Cooper
was excused from attendance on the
Mr. Johnston of Shelby called up
senate bill No-110, amending the law
relating to clerks of courts permitting
withdrawal of deeds when records are
Indefinitely postponed for delibera
tion, Mr. Gibbs called up the motion to
reconsider the lease by which senate
bill No. 21), changing the law so as to
require service on corporations and
individuals, located or living outside
the county in w'hich service issues,
ten days before return day.
Lost by viva voce vote of 3 noes to
Mr. Matlock called up house bill
No. 3.I5, donating to Fanny Darden,
as heir of General Mosely Baker, a
a league and laborkof,land, in lieu of
headright certificate granted her fa
ther by the state, and located in con
flict with prior surveys.
Mr. Shannon thought the state did
not owe the land under the circum
stances. Mr. Davis: Amendment requiring
the location of the certificate on un
appropriated vacant public domain.
Mr. Patton: Amendment adding
emergency clause. Adopted.
Mr. Terrell: Amendment, provi
ding that this act shall not be con
sidered to bind the state in case va
cant land cannot be found,which shall
be stated on the face of the certificate.
Adopted and bill passed.
Mr. Terrell called up senate joint
resolution No. 53, amending the con
stitutional provision so as to diminish
the number of terms of county courts.
The chair laid before the senate
joint resolution No. 39, prohibiting
the manufacture of intoxicating
liquors within the state, except for
medicinal, mechanical and sacramen
tal purposes. Lost, on final passage
by the following vote: ,
Ayes Davis, Evans, Farrar, Flem
ing, Getzendaner, Gooch, Harris,
Johnston ot Shelby, King, Martin,
Matlock, Peacock, Perry, Shannon,
Terrell, Traylor 16.
Nays Chesley, Fowler, Gibbs,
Johnson of Collin, Jones, Kleberg,
Patton 7. ,
A two-thirds majority was neces
sary. Mr. Traylor called up senate bill
No. 31, directing the laying out of
certain roads as first class roads, and
fixing a penalty for obstructing the
same. Bill on third reading.
Mr. Davis: Amendment exempting
all the counties in the state. Lost.
On motion of Mr. Getzendanr, fur
ther consideration of the bill was in
On motion of Mr. Matlock, the sen
ate adjourned till 3 p. m.
AFTERNOON SESSION. -
Lieut. Gov. Martin and a quorum
The conference committee report
on the school land "sales bill was
Senate bill giving lien for labor and
material provided in buildings to la
borers and such contractors, was, on
motion, indefinitely postponed.
. House bill extending to three
years from the time in which
the fence law was adopted
by vote of county or pre
cinct shall remain in force from its
adoption before an election can be
ordered to repeal the same. Indefi
Mr. Harris brought up substitute
house bill 528,an act to authorize land
board to investigate frauds in sales of
school lands, and attorney general
to attend to same. Bill passed.
Mr. Davis made a motion to recon
sider the vete by which senate bill 340
was lost, a bill authorizing suits
against officers of the executive de
partment. Reconsidered and passed
to third reading.
House bill (Unamending article 1134
revised statutes, requiring officers to
give official bond. Passed.
House substitute to senate bill 157,
offered by Mr. Chesley, a bill for the
protection of fish and game law.
Passed to third reading.
Mr. Martin offered house bill 4IK5,
an amendment to the penal code.
Passed to third reading..
Mr. Getzendaner called up substi
tute house bill 456, a bill fixing fees
ior the department of state and re
quiring the collection of some. Passed
to third reading and final passage.
senate adjourned to meet Aionoay
at 10 a. m.
HOUSE OK REPRESENTATIVES.
House met at the appointed hour.
Speaker Gibson and a quorum pres
Prater bv the chaplain.
Mr. Frymier, for committee of free
conference, to whom was referred the
differences of the two houses on house
bill No. 34. to amend article 186. penal
code (known as the Sunday law), re
ported recommending that the senate
recede from senate amendments one
and two and that the third amend
ment be amended to read, "the sale
of newspapers, ice and milk at any
hour in the day shall be permissible; '
nrovided further that nothing in this
title shall be construed to prevent
the sending or receiving of telegraph
. Mr. Cramer, for like committee on
siihstitHte houso bill No. 521, to
amend article 4402, revised statutes,
recommended that the senate recede
from senate amendment. The bill
proposed to limit salaries of chief
clerks of the several departments to
820U0. Senate amendment is to leave
them open to leing stated on the ap
Mr. Upton reported for conference
committee, asking powers of free
conference for the committee of con
ference on the general appropriation
Mr. Fisher reported bills engrossed.
Mr. White asked to take up house
bill 290, relative to railroads.
House refused to postpone.
A message from the senate an
nounced the passage of a resolution
to adjourn finally April 13.
The deficiency appropriation bill
was amended by Mr. Browning, with
item allowing Henry Fleming, ex
sheriff of Wheeler county, $216 in
stead of $350; and, as thus amended,
was ordered engrossed.
Senate amendments to several bills
were concurred in, providing for pub
lic weighers, creating land districts in
northwest Texas, making changes in
the election laws, allow ing coast cities
to issue bonds tor harbor improve
ments, restoring jurisdiction to cer
tain county courts and fixing fees of
lion. B. F. Barey, of the seven
teenth legislature, and B.'B. llaidu
sek were invited to seats in the bar of
THE UNIVERSITY BILL.
The house considered the regular
order, substitute senate bill No. 189,
to provide for the permanent endow
ment, in land or its proceeds, of the
university of Texas and its branches,
including' the branch for the instruc
tion of colored youths, by a donation
of one million acres of land, or the
Mr. Hill of Polk, offered the follow
A Bill to le entitled, "An act to pro
vide for the permanent endowment,
in land or its proceeds, the Univer
sity of Texas and its branches, in
cluding the branch for the instruc
tion ot colored youths; and also to
provide for an equal endowment
for the benefit of the permanent
common free school fund of the
Sec 1. Be it enacted by the legisla
ture of the state of Texas, That alter
the payment of the amounts due from
the state to the common free school
fund, and to the State University
fund, out of the proceeds of the sales
heretofore mace or hereafter to be
made, of that portion of the public
lands set aside for the payment of the
public debt by the act approved July
14, 1879, and the act amendatory there
of, approved March 21, 1881, and the
payment directed to be made to the
common school and university funds
'rby--astp-fipfavsd. February 25, 1883,
the remainder of siftu lanus not to ex
ceed two millions of at-KB. contained
in the counties aud territory -specially
mentioned in said acts or the pjoceeds
thereof set aside bv said acts for "ifee
payment of the public debt, heretofore"
or hereatter to be received by the
state, shall one-half thereof constitute
a permanent endowment fund lor the
university of Texas and its branches,
including the branch for the instruc
tion of colored youths, and one-half
thereof shall constitute a permanent
endowment fund for the common free
schools of this state.
Sec. 2. The importance of the sub
ject embraoed iu this act, and the lim
ited tune allowed lor the considera
tion of the great accumulation of
bills now pending, creates an impera
tive public emergency for the imme
diate passage of this act, and the pub
lic necessity for the suspension ot the
rule requiring bins to be read on
three several days, and that this act
take effect and be in force from and
after its passage, and it is so enacted.
Air. urzbach in the chair.
The ouestion was ably discussed
pro and con, the discussion being par
ticipated in by Messrs. Hill, McKin
ney, Brown, McDaniel, Moursund,
Durant, Patton, Jones, Robertson,
Browmng. Foster of Grayson, Rogers,
Frank and Cravens.
Mr. Camp moved the previous
question, and Mr. Hill closed the dis
cussion, eliciting applause by his elo
quent remarks in support of his sub
The remarks of Messrs. McKinney,
Foster. Cravens and Armistead eli
cited similar marks of appreciation.
Messrs. lirownisg and MCDamei
only spoke against the bill, which
passed to a third reading by a vote oi
73 ayes to 8 noes, the latter being
Messrs Barrett, Browning, Finch,
McDaniel, Newton, Adams, Pendle
ton and Steel.
On motion of Mr. Moursund, the
rules were further suspended to put
the bill on its final passage, when Sir.
Moore of Eastland offered the follow
ing: Amend section 1 by striking out tne
words "and one-half thereof shall
constitute a permanent free school
fund," and insert in lieu thereof the
words "and one-half thereof shall con
stitute a part of the available school
fund, and the proceeds arising from
the side thereof shall be appropriated
to the counties in such manner as
may be provided by law for fie pur
pose of maintaining the schools.
Messrs. Moore and Browning spoke
at length in support of , the amend-
the previous question, and the amend
ment was lost.
Mr. Taylor offered the following:
Amend, by inserting just before the
emergency clause: The sum of. five
thousand dollars, or so much thereof
as may be necessary, is hereby appro
priated to be paid one-hair tut gener
al revenue and the other half out of
the university fund, for the purpose of
surveying and designating the lands
The amendment was ruiea out oi
order, unless the house reconsidered
its action so as to go into committee
of the whole, which would be neces
sary to consider an appropriation.
Motion to reconsider was maae Dy
Mr. Harrison and withdrawn, when
Mr. Foster, of Limestone, renewed It.
The house refused to reconsider and
the bill finally passed, by a vote of 71
ayes to Snoes; the latter being Messrs.
Barrett, Browning, Finch, McDaniel,
Parsons, Odom, Pendleton and SteeL
Senate bill 320 the asylums bin
was finallv nassed. The features of
the bill were published when the bill
Mr. Stagner had entered on the
journal a motion to reconsider the
vote by which senate amenament to
the weighers' bill was concurred in.
A resolution by Mr. asn was
adopted, providing for additional
assistance in the engrossing and en
rollment of bills.
THE PENITENTIARY QUESTION.
Mr. Foster, of Limestone, asked for
suspension of the rules to take up
house bill o49, providing ior a more
efficient management of the Texas
penitentiaries. We have already
given the features of the bill.
The bill was taxen up anu jar.
Foster offered the following
substitute for section 3 : No
lease of the penitentiaries, or either
of them, shall hereafter be
made, and the state shall resume con
trol thereof and for the purpose of
resumption and control of the peni-
tentiaros and operating the convicts
on state account, or by contract, or
partly by one made and partly by the
other as the board herein provided or
the legislature may determine and for
the purpose of carrying out the ob
jects above mentioned, there shall be
and is hereby appropriated all the
proceeds and income of the peniten
tiaries, convicts and property and in
addition to the $50,000 in the appro
priation bill the further sum of $50,
000. Mr. Frymier thought that the
house should first declare what was
the policy of the state and according
lv moved that his resolution offered
some days ago on that subject be
considered , in connection with the
The ouestion was ably discussed by
Messrs. Foster, Frymier, Upton,
Moore, McKinney, Caven and Armis-
Mr. McKinney was opposed to mak
ing the legislature a son ot pouuiau
ennvsntion bv the passage of resolu
tions. "Let us go to work the few re
maining days of the session in pass
ing laws, which was the proper duty
Mr. C tven argued that it was prop
er to take up the resolution with the
bill, and let those who said "they had
a policy" enunciate their views. He
wanted all such expressions as the
"majority" and "minority" eliminated
from the discussion of this question.
Pending Mr. Armistead's remarks
the house adjourned till 3 p. m.
Speaker Gibson and a quorum pres
ent. Mr. Armistead concluded his argu
ment on the penitentiary question,
dealing extensively in facts and fig
ures to show what is the policy of the
state since the action taken as to the
lease of the penitentiaries. He fig
ured out a net profit of $285,168 per
annum to be derived from hiring the
convicts on farms and railroads.
With such profit, the maintaining of
the 502 in the walls of the penitentia
ries was a small matter. Besides,
some could be worked to advantage
in the walls. He wanted the state to
get back to the Imprisonment svstem
as soon as practicable, bv working the
convicts so as to make them self-su-porting
without too great profit to the
state, as he was opposed to a continu
ous least system in toto, on the
grounds of humanity. This $285,108
would sustain the 1400 that could
now be confined in the walls.
The question was further discussed
pro and con by Messrs. Swan and
Jones, when Mr. Nash moved to lay
on the table the motion of Mr. Fry
mier that his resolution that the leg
islature should declare what is the
policy of the state, be considered in
connection with the bilL
The motion prevailed, so the reso
lution was tabled by a vote of 54 ayes
to 24 noes.
The question recurring on the Fos
ter substitute for the third section of
the bill, Mr. Upton said he hoped the
sulstitute would be adopted.
Mr. Hill argued that the people had
not gone so far as to say there should
be no lease. They only disapproved of
the old contract. He read recent let
ters from the people.as the first echoes
from them as to the late action of the
legislature on the subject.
Mr. Taylor spoke in favor of the
Foster substitute, and said he did not '
know that he should have voted for
the lease system as an original prop
osition, but it had been incorporated
in the law; the contract had been
made and he believed it should be
carried out. He didn't believe it to be
disastrous to the state, but the ques
tion had come back upon us, and we
should provide that there should be no
lease and pass the amendment of the
gentleman from Limestone.
Mr. Foster thought the matter
could be managed to save the state
from loss. He preferred the section
as in the bilL
Mr. Tucker said he had voted
against the original lease, but he
wished to divest the minds of mem
bers of the idea that. voting against
the original contract should entcrju
tothe question now as an element or
factor to control his present action.
He had votiagalnst that particular
lease, and was rroi-4" be understood
as opposed to some berteTfrf-Wosition
than the old contract. It might be
too, so far as that was
concerned that the lessees
had not time to demonstrate
what would be the full effect of their
system. We might formulate a bet
ter policy. lie protested against the
presumption that the legislature
was opposed to all leases simply bt!
cause we had voted down a contract
that was objectionable, lie was op
posed to the Foster amendment.
Mr. Foster closed the discussion in
one of his usmdly frank and sensible
arguments.' There were not , he con
tended 200 convicts more within the
walls than there were when the
leases were made. The convicts were
not utilized as some of them should
be in reformatory schools.
The Foster substitute for section
three was adopted. Ayes 44, noes 33.
The speaker stated as there was an
appropriation involved Dy the adop
tion of the amendment the house
would have to go into committee of
The house adjourned till 9 a. m,
Seventy-Sixth Day's Proceedings.
ACsTlN, April 9, 1&S3.
The senate met at 10 a. in., Lieut. Gov.
Martin prenidiug, aud a quorum pres
ent. Prayer was offered by the chaplain.
Rev. Dr. Smoot.
On motion ol Mr. Traylor the read
ii g of the journal wan diopensed with.
On motion ol Mr. Karrar, Mr. Ilouttnn
wan excused for the day,owing to sickness
in bis lamily.
REPORTS OV 8 TAN DIM G COMMITTEES.
Judiciary No. 1. Mr.Terrell, chairman,
reported adversely house bill Ho. 42d, to
provide lor tbe dissolution of attachments
lu certain cases.
Adversely, bouse bill to regulate at
tacbmenti in certain cases, and provide
lor tbe restoration of property under ex
ecution. favorably, house bill No. 362, to reduce
tbe term oi tbe supreme court at Tyler to
two months, leaving the term at Galves
ton three montbsaud extending tbe term
at Austin to four months.
Adversely bouse bill relating to fe s ol
district court clerks, and compensation
for ex-omeio services, etc.
Education Mr. Davis, chairman, re
ported favorabjy tbe bouse substitute tor
tbe senate university bill.
BILLS ASD RESOLUTIONS.
Mr. Traylor: A bill authorizing tbe
transferor occupation licenses in certain
Mr. Randolph: A bill to provide for tbe
election of a district attorney In tbe
twellth judicial district. Referred.
Mr Davis: A bin Donating to tne puunc
free school fund all of tbe remaining
public domain ot tbe state ol Texas.
Mr. Sbannon: A bill authorizing tbe
governor to make appointments of notary
publics during vacation of tbe legislature.
jar. r leming: a oui io create tne coun
ty of Toyab out of tbe northern part of
This concluded tbe morning call.
Mr. Evans called up on final passage
home bill No. 441. Ior the relief of tbe
heirs ol John W. Thompson, who tell at
tbe Alamo March 6, lSJtt. Passed.
Mr. Fleuffer called up senate bill ho.
350. authorizing tbe treasurer to retuud
moneys tbat may nave Been paia to tne
slate on incorrect surveys, tbat cannot be
Mr. Kleberg called up tbe bouse substi
tute for tbe senate university bill.
Mr. Davis: Amenament, giving tne
remainder of tbe vacant public doma'u
for tbe benefit of tbe public tree senooi
Mr. Sbannon: Amendment to amend
meut: 'Notbin- in tbls act sball be so
construed as to prohibit actual settlers
Irom obtaining loo acres oi lanu oy set
tlement and three years occupancy, as
provided for uoder existing laws." Lout
Mr. Davis' amendment was also lost.
Mr. Matlock: Amendment donating
one million acres oi lana ior tne iree
scbools to building school bouses In all
tbe organized counties of tbe state. Lost-
Tbe bin passed uy unanimous vote,
Mr. Davis, i balrman of committee oa
education, reported favorably tbe bill to
donate to the public free school fund all
tbe remaining vacant public domain and
called up tbe same under suspension of
Pending Ibe motion to place tbe bill on
second reading, it went to tbe table un
der a call ol tbe tenate.
Tbe houce bill amending tbe game law
ws passed with i.umerous amendment.
Mr. Goocb, cbal man ol Judiciary com
mittee No. 2, reported laverably Mr.
preuffer's bill, No. 864, authorizing tbe
transfer of occupation tax licenses In
Mr. Sbannon, for Joint committee No. 1,
reported favorably senate bill No. 3HA,
authorizing tbe governor to make notari
al appointments during vacation of tbe
Mr. Jobnson, of Collin, called up sen
ate bill Ne. 2S2, to establish uniform
weights and measures for various agri
cnltural product-. Passed.
Mr. Randolph called up tbe bill to re
store to tbe county court ol Houston tne
civil and criminal jurisdiction originally
belonging to it, and to eon form tbe juris
diction or tne district court to sucu
Mr. Goocb called up senate bill No.'
864, reported lavoiabiy above, autnons-
Ing liquor dealers io iranaier ineir vccu
ntnn liuMi in UMI of sale of business,
Mr. Davis moved tbat the bill be indefl
The senate was announced full with
tbe exception of Mr Perry, who bad gone
home. - ,
Mr. Davis moved tbat be be excused,
Mr. Davis: School uonation out oeiore
tbe e"" -.pending rmvlon to saspend
tbe constitutional rule. In order to put
tbe bill on -e. und readlnv. Lost.
Senate bill No. 64 rame up.
Mr. Divis withdrew bis motion Io post
pone. The I'l'l passed.
Mr. Trayl- r called up substitute bout
bill No. 802, to ei-talilUn a coun'y brai d
lor cattle, slid protldlug the maimer of
estraylt g cattle ana noises.
Passed with verbal am. nduient
Mr. Uetzeuduuer caiUd up senate bill
graduating Incorporation foe.
Passed by a majority vote.
Lleu'enant Gov. Martin aud aquoru.n
Mr. Martin reported engrossed st-uate
bit) No. fcbi lavorably by committee.
Mr. Stratton brought up bill to aniri-d
quarantine law, e3 revised civil statu!)
appropriating outol funds for qunran.li e
purposes; sui-penoion of rulei, etc.. nv.tl
bill passed to third reading aud tlinl pas
sage going Into effect immediately.
Mr. Martin brought up senate bill St'l,
amending supreme court bill.
Mr. Patton offered a bill to authorize
tbe governor to appoint notaries puMM
during tbe vacatiou ol the IcgMatuin.
Hill etgtossed, rules hupeuded aud put
upon third leading and flual pas gn.
Mr. Patton brought op bonne hill 4-0
on second read ng an mbi to prevent the
kdulleratlon ol lood and drugs. Hill read
to a third r-ading and finally passed.
Message Irom tbe bouu announcing
the pontage of seuate ubtilute to boue
Mr. Traylor oiled Ui bouse bill WJ un
act amending tbe slock law. lor tbe in
spection of horses as well as other cattio,
passed to a third reading and final pus
age. Peuding hu-lnes, the senate brought
up seuate bill 810. authorizing aiiits
against executive olUcers aud fixing me
venues ol same. The senate relusud to
engross tbe bill, aud adjourned to meet
Tuesday at 10 a. m.
HOUSE OF KEI'RCSRNTA I'lVKS.
House met at tbe appointed bour,
Speaker Gibson anu a quorum pros; nt
Prajer oy the chaplain.
Mr. Thompson, ot Ilexar, who has be' n
absent some tune on account of bis Ii ju
ries, appeared in bis seat for a lew mo
ments, lie is still too feeble for Ills du
Tbe pending business being tbe new
peiiiteutiary bill, Mr. Foster, of Lime
stone, called up the motion to lay on the
table the motion to reconsider tbe fob
by which his substitute for section 3 of
the bill was adopted Saturday.
Tbe bou-e refused to table the motion
to reconsider, and the question ol recon
sideration recurring, Mr. Foster demand
ed a call of tbe bouse, wbioh stopped lur
ther immediate consideration ol the ques
tion. Bills, with senate amendments, were
Senate amendments to bouse bill 4t3,
for relief of Alcee 8. Miller and others,
on account ol the Dawson itiiissacie, weie
Same action on senate amendments to
bouse bill 69, amending articles li:J4 and
li34a, revised statutes, requiring county
jud es to give bonds.
House refused to consider house oil!
129, called up by Mr. Foster, ol Grayson.
Tbe motion was discuSHeil tiy Messrs.
Foster of Graysou, Hill ot Polk, Taylor
of "Red River, and others.
Mr. Hiil said be a oiMised Io tint liill al
lowing the stiil ute of liniiliilloiisio rim ugaiit
nnirrieil women uiul removing their diMuhiit
lies. its to actions at law anil transfer of i-cid
eslute; Unit women have not mi eqiml kImw
ing in the race ol life with men, and our lans
on this subject have protected them in their
weakness since the foundation of Texux to
tins day lias ever worked well protected
many from tiie fraud and tyranny of iiiirovi-
niiiiiDaiiu!i, nan ait?u iUHi win nmic many
of niese""TtttUien and llielr I- iiiilri-n Irom mmi
ury, misery aiutTrWW'il"1 sl'ould fail Io re-iM-alalawthalliassoiintV.v'l!''"'"s:
contract knowing what the tatr-V "'' luere-
fiir have no came, of lujtt 4MminlairrrSL"e u-
sire to iiroUft Hie weak aualnsi the
that it is no argument toauy a married woman
should not ax-l as freely in uiixinrsi as her hus
band does we must make laws for enisling
slate of society, and uot for an ideal slut.-.
Married women are under the con I nil of their
husbands, aud we cannot, anil should not, r
verse this by failure to recognize the facts as
we know them to exist, anu uhiu which liaii
ness of families depend; I hat a wile flings Io
her husband through sunshine and through
shade, aud our laws should throw their pro
tecting shield around her and her
properly, nuiKing ner very weak
ness the cause o( her strength.
TUK LAKD rKAUD BILL.
Mr. Acker called up senate substitute
for house bill 827, providing Ior a board
to investigate Irauds in the sale ol sebool
lands, tbe general land ottice, the history
of tbe Jno. Gibson certificates, and va
rious other matters ol similar or minor
importance connected with tbedisposltion
of tbe public lands. Tbe bill makes an
aDDropria ton oi fDuuu to carry out tne
operations of the board.
The boaro. is to consist or inreo per
sons, besides the governor and comptrol.
ler as two members ex-otllcio. The board
is also to have authority to bring suits
and annul fraudulent purchases, hults
are to be brought at Austin, by amend
ment proposed by the house committee
This last provision, as mieht be ex
pected, elicited considerable discussion.
Alter discussion tiy Messrs. Acker, uiu,
Kendall. Cochran, Rrownijg, Robinson
and Swan, Mr. Acker contending that it
would be impracticable for tbe suit to
be brought all over the state, the com
mittee amendment providing tint tbe
suits shall be brought at Austin, tbe
amendment and some others slightly
affecting I he verbiage, were adopted.
Tbe bill was ordered engrossed oy a
vote of 79 to 2, when the queslion arose
whether it was necessary to go into com
mittee of tbe whole on thq, appropria
tion. Mr. Upton moved to reconsider for tbis
purpose, and tbe bnuse wect Into commit
tee (Mr. Uptou in the cliau), und the ap
proinulion section aud tbe bill itsell Were
adopted by tbe committee and reported
to the bouse.
Speaker Gibson in the chair.
The report ol the committee was
adopted . aud the bill finally passed ayes
78, nays 3. Its leatures have already been
given in the mitks.va.i previous re
ports of senate proceedings
UN1TKD STATES BKNATOil COKK.
Senator Coke was. by a resolution
adopted, invited to address the legisla
ture in tbe ball of tbe bouse al8 o'clock
GKMKAL LIMI B11.1.,
The bouse went into consideration ol
tbe general land bill senate irill 269.
1 he lol ow ing report was reau as u li
mit ted by Mr.- Foster, ot Limestone,
chairman of free conference committee,
and was adapted:
Hon. C. It. Gibson. Speaker of the House of
Your frt-fl conference committee have bad
under consideration the difference between
the senate aud the bouse on senate bill No.
a, entitled "An act to provide ior the classi
fication, sale aud lease of the lands heretofore
surveyed and set apart for the benellt of the
common schools, university, the lunatic, blind,
deaf and dumb and orphan asylum funds,"
and unanimously recommend the following
action by the two houses:
1. We recommend tiiat the senate concur iu
the first house amendment, which relates to
the classification of lands.
2. We recommend that the following substi
tute be adopted iu lieu of section 5 of the bill
and the house substitute for said section .6,
SAi-thm K. Anv actual settler UDon anv land
included in this act who is now and was an
..iuul tu-ttlur iti irorwl fiiitll oil tllH first il'AV of
January, A. 1. Ihm-1, shall have the Tight for a
period oi six inouius irom iuc units uie ibuu
shall be placed upon the market for side, to
fiurcbase uot les than 1M acres, nor more
liau 640 acres of the land so settled upon, at
the minimum price fixed by this act, and on
the terms and rate of interest fixed by this
act; provided, however, that any actual
settler, in good faith, uiou any lattds in
any county which may have been ap
praised by tbe proper surveyor, and such aj
pralHemeiit has oeeii approved by Hie commis
sioners court of the proper county, In accord
ance with the provisions of sections 't and a of
the act approved AprU 0, A. U. MM, concern
ing the sale of alternate sections of school
land in organized and unorganized counties
of this state, and such appraisement has been
filed in the geueral land olllce, but which lauds
have or have not been placed uon the mar
ket under such appraisement, shall be tierniit
ted to purchase uot less than lot) acres (unless
there Is a fraction of less than liw acres now
existing), nor more than U4' acres of land Uh,u
which llicy have setlled, to include their im
provements, at tne price per acre iixeu uymicu
appraisement, but shall be required to pay the
rate of eight per cent Interest, as fixed by said
act of April 6, A. D. lsst, and shall be permit
ted to pay all or any part of the purchase
money thereof at any time. Such purchaser
shall, In all oilier respects conform to the pro
visions of this act; provided, however, that
any wach person- desiring to purchase
any of said land so upi-raised shall, within
six mouths from the time this act takes ef
fect, tile in the general laud ollice Ins applica
tion to purchase said laud, describing it; and
on payment of oiie-tiurd of the purcliase
money, anu one year s iin-r-"i, aim iorru
ing Ins allkdavit staling that be Is, and was on
the first day of January, A. 1. Ihsj. an actual
settler in good faith upon said land, and that
he settled on It with a view to purchase it, Ut
getber with the allidavil of at least two credi
ble citizens of his county, showing that such
applicant is and was a settler iu good faith
uiKn said land; provided, however, that such
land having timber thereon suitable for lum
ber or sldiigles. and chiefly valuable on that
iiiimit simll lie sold for cash only, and may
be purchased in quantities of uot less than so
acres, nor more than acres; aud provided
further, mat oiner wuiocrcu lanu may ou our
ai two dollars per acre: and provided
further, that no preference in Hie right of
fnii-rliase given by this or any other Section ol
Ids bill shall extend to or luclude any mine
rals, but the same sbaU remain the property
of the respective funds to which said land be
longs." a. Tbat tbe tenate concur In the third house
Amendment, which is a substitute for stwtiou
6 of tlin bill, after amending it so as to read as
"The land, when placed upon the market,
shall be sold in tne county or lanu uisirici in
.l.liOi it is alt limed, bv such authority aud un
der such svstem of competition as may be
prescribed by said land board; provided, that
no person, either iu person or by an agent,
shall purchase from the slate more than one
section of land classed as agrlciiliur-.il laud, or
as watered land, and seven sections of un
walered pasture land; provided, the board
limy. ill Ihelr discretion. reoulretli w
of any particular sctiin of watered piMuri
land to take with the muii" such a iiiunl-r oi
dry sections as llicy may designate, iml In i
eeed seven hccIioiis; and every attempt i,
etude the limitations of this act ns l ih.
amount nr clsss of laud one may pun-liasi-, ,y
any device whatever, shall be deemed It-audii
h ut. anil the fraud niav In- shown mid Hie
purchase cancelled by die stati within one
year from the date of saie; protnled, tli.il
rieuiiiiiiii lands shall be sold only to aclu.o
selllers; and provided further, that no person
shall be permitted ttt purchase more limn
three sections, of six lumoml and forty ai res,
within live iiiilca of the geographical eenler of
any county. No cororatloti shall be permit
ted to acquire title to more than oue secllou
of land lu any oue eouulv."
4. 1 hat the house recede from the four Hi
amendment, and leave the land board to reg
ulate the subject.
6. That the house recede from the fifth
amendment, for the reason that the subject
Is provided fur in another part of the bill.
. That the house recede from the sixth
amendment, fisr the reason that It require
one-thirtieth to be paid in the comity where
the land is sold, and another house amend
ment rcwulres It to be paid Ui the Mate treas
urer, and ttiis amendment we recommend the
7. That the house recede from Iho seventh
amendment, for the reason that it provides
that the one-tliirlieth imid to Hie i-raou sell
ing should lx returned lu (he bidil r, when it
is ren Hired to be paid iulo the treasury.
s. The senate concurs iu the eiuhlh house
amendment, after being amended so as to rend
its follows: Add to section S, the following.
viz: "I'rovlded, tlinl no sale of agrirulturiU
land shall he ncrfcctcd until the nronosed tmr-
clKuier files an allldavit lhat he intends (hat
I he land shall be actually settled wtihln sut.
motiths: and In case of failure to settle the"
same w illiiu Unit time, the proMmed purchnser
shall forleil the money already paid uu the
s. i hat (he house amendment be so amend
ed as Io read as follows, and that, as amende,
the sen He concur therein, viz:
"Section w. The purciiascr shall at once pay
to the persons telling for the slate, or to the
state treasurer, as the hoard may 'determine,
und within such time as It may fix, oue
thirtielh of the amount bid, and execute las
obligation fort lie remainder of his purchase
money, payable to the stale of Texas, and bind
ing llie purchaser to pay oue-tliirtietli of the ;
whole price on the first day of each succeed
ing year mil il tiie whole is paid, und interest
at the rale of live m-r cent cr annum on the
whole uunald purchase money, from dale, pa i
idilu annually on or before the first day
March of each year; and provided, thai al
the expiration of seven years, the pun-has
shall have the option to pay the unpaid pin
eipal, und providing that a fill li in- to pay l
annual installments of principal shall
work a forleil lire until the whole sum is (In
prov ided, tat umii proof of actual occupancy
usi mid improvement for three eotisccultvi'
years, I he purchaser shall be iH-nnittd to h,
all of t lie purchase money remaluliiu uupaiu
HI. Tli.it the house recede from tne lent
amendment, to Hi-end Vjit the land ho'
may prescribe which St. IML
custodian of the laud nuf.'..
II. That the house rs-edy from 1
amendment, so as to leave the board li
to designate the custodian of the notes.
12. i nui uie senacc concur in me iwein:
amendment, so as to In sen utter the word "li..
Wrest," the words tijtou the notes," in llini
I, iu section U.
1.1. T hat the senate concur In the thlrteeuth
amendment, after changing Its language so as i
to read as follows: Add to section I a the fol
low ing proviso, viz: "Provided further, that
no patent shall Issue to airric ultural lands until
-proof of actual settlement shall be made, iu
sucu maimer as may ue prescrioeu uy mo
14. That the senate concur iu the fourteenth
amendment, so as to allow four years ln-lead
ol two years to cut timber olf Uie limber laud.
1ft. That Ibe senate concur in the lift ecu Hi
amendment, providing for protection of tun- .
her land lu timber contract.
in. That the house recede fmhi the sixteenth
amendment, by which the words "Io build and
fence." was stricken out, as those words were
intended to give stability to leases, V
17. That the senate concur lu the aeventeeiiTir-y '
amendment, which is intended to beuclit
actual settlers. J
18. That the senate concur in the eighteenth '
house amendment, alter striking out the
words "four sections of land," and Inserting i
"four miles," so as to limit the size of pastiue
fronts on water,
lu. l hat the senate concur lu the nineteenth
amendment, made on the tliird reading, see-
lion 4. by striking out "l mm- acre" and In-
selling "it per acre," w here it occurs lh j
second time III the Beet Ion. i
M. I hat the Semite concur In the twentieth
amendment by adding a proviso Io set t lull V. r
rcoiui'ing written lamer OI attorney in "
taiueases. i '
21. That fiie houVe rei'l ,1' irom the twenty-
lirst amendment, prescribing procedure of
forfeit lire, iu order lhat I he laiard of laud olU
cers of Hie stale ma) regulate il.
I. L l-OSTKIl,
W. J.t'.U KN,
I. N. IlKOW'MINO,
JAN. it. ItOHINSON, i
I. M. MtMIHK, i
. House Committer.
.lOHM Yot Nll UOtM'll,
II. (i I HUM,
W. 11. NHANNOK,
J. It. Fl.KMl.Nd,
A. L. Matih k,
Mr. Nash in tbe chair. .
Senate amendments In bouse bill lor
relief ol Fanny A. Darden, and bouse
bill for relief ol beirs ol Jno. W. Thomp
son were concurred lu.
Substitute bouse bill 290, providing lot-
general and special damages against cor'
F orations or non-delivery or delay in de
Ivery of freights and passengers was
1UI AS11.UHS I31L.1M
Senate bill 827, to transfer ti immirt.
ing power of superintendents ofluuaiio
asylums rrom the governor to tne board
Mr. Taylor offered amendment striking
out the provlalon requiring superintend
ents to bave three years experience in
By Mr. Foiter of Grayson: Amend tbe
amendment, "be sball also be expert- '
ene.ed ir the treatment of Insanity."
Tbe question was discussed by Messrs.
Taylor, Foster, Frymier, MuGarilty,
Wurxbuch Ayres and Parsons.
Pending consideration ol tbe amend
mcuts ti.e house adjourned till 8 p. m.
Speukcr Gibson and (.quorum present.
Mr. Up'.on asked that the free confer
ence CKiiitiilltee ou tbe general appro
priation bill be excused for committee
The speaker snnouocedas tbe pending
business the motion of Mr. Nash, calling
up tke motion of Mr. Moore, of Mc
Lennan, to lay on tbe table bis (Morris)
owu motion to reconsider the vole by
which the bouse concurred In tbe senate
amendmen t to the weigher's bill.
Mr. Rosenthal asked lor a call of tbe
bouse, whl h lor the time stopped action
on tbe motion.
iui. iiu usncu 1DBIV ,'1 IDutl A
the toncurreut resolution to sdjourn ou
tbe 13th Inst , and moved to postpone the
pending business lor the pur, ose.
Mr. Taylor moved tbat tbe resolution
lie on the table subject to call.
The question was disculsed by Messrs.
Taylor, Frank, Cochran, Upton, Whitr
Tbo prevailing s ntlment was against
passing the resolution, to at to leave the
matter open to the necessities ol be case,
as suggested by Mr. Upton.
Tbe motion to postpone the pending
business to take up the concurrent reso
lution was lost ayes SI, noes h9.
THE PB.MTKNTIARV QUESTION.
A motion to reconsider tbe vote by
which tbe Foster substitute, lor section S
ol the new penitentiary bill was adopted,
w .s lost ayet H), noes a.
Amendment to make the substitute
read '-set apart'' Ustead of 'appropri
ate," wat ottered and withdrawn aiier
being discussed pro- and con bv Messrs.
Fouler of Limestone, Upton, Wurabach
and frank. " "
Tbe house finally concluded to go Into
committee of tbe whole to consider the
Mr. McKinney In tbe cbalr.
Tbe substitute was adopted with the
addition of tbe words "and to mane an
appropriation therefor "
Tbe . report of tbe committee . was
Speaker Gibson In tbe cbatr.
The question recurring on tbe motion
ol Mr.Mooie, of McLennan, to lay on
the table his motion to reconsider the
vote by which senate amendments to J
public weighers bill was concurreds.
Mr. Upton demanded a call oi the bout ,
which slopped action on tbe motion.
1UI PEHITEMTIAItr BILL,
This bill recurring, Mr. Taylor offered
smendment to section 4, to as to provide
for confinement ol the touvlcts in the
walla at soon at thev can be employed, lu
lieu of tbat partot the tectlou which pro
vides for their confinement 'as soon
they can be made self-supp'rtlog."
If tbey were not sell sustaining--wanted
Ibe Hate to shoulder n
responsibility of meeting the expen
of confining Ibe in at work Inside Ih
The Taylor amendment was lot sy
20, noes S3. '
By Mr. Upton: Amendment striking
out the secoud proviso Io section 4, by
striking out all after tbe word;"towim"
InllDe fifteen of the present bill, which
prohibit the hiring out, of ronvlcls oa -railroads
after January 1, 188.V
By Mr. Mash: Strike out 1S8j ami In
lr. Cocbrac In tbe chair.
The matter was discussed by Menu.
Nash, Foster of Limestone, UpUn aud
'a b again.
Tbe xnasb amendment was loet sjt
The Upton amendment wst adopted
Viva voce, with but little dlcn.
Uy Mr. Elliott: Strike out licttr-tintr .
to the word "and" In printed section 4
By Mr. Taylor. Substitute for the
amendmeut by tlrlk'ng out the first pro
vino In section 4 , tbat '-convicts shall not
be employed ou any public woiKs oilie r
than building a refonnstorr or other pen
itentiaries, or at any mechanical lsin r
outside of tbe walls la any city or town."
Tbe amendment was discussed by il r.
Taylor wilb his usual force and clearness,
but not without soine passes and repai U-
between him and Mr. Poster, ol Llu.i -slore.
Mr.McKlaney opposed the ameuduit nt.
It was announced tost sji-nritor .
CuU d not address the bouse till Wedi.r -dav.
Ilouso adjourned till 8-4-'i a m T'ue,l. v.
Continued on Fourth I'age.J