The weekly democratic statesman. [volume], August 03, 1876, Image 2

About The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883

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WEEKLY STATESMAN
PUBLISH ED BT
AUBTIN
THURSDAY.
..AUGUST 3. 1870
TKU.7IS FOR WEKKL1 I
ftobaerfptton for twclva month $t SO
tabacriilioD for all month 150
FATikBLC IN ADVASCS.
Advertising Hitm
Hum. 1 lar aw S i lm 3m 8m ra I 9m I ly
' I I ill I I I
nM sqnara... l!'t 'f'.i t: 1 ! t
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Thr iur.. ' 6 6 1 II; 16 1 Kft i 45
Koar miium.. 4 1 h tl ! IS i Ki 4 SO
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Half oolamil.... 14118 6f, n I.MI m
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Ona qnar iKt line t 1 for flmt inaertion; fifty
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tVH)ciil ootlc nixl to reading matter, (1)0). V
.mar. carh inaenWio. Kitrht Inie or Inn one xjnar.
(V Heading matter, local column, fltieen o-nu oer
A arlmrnta piralil In advanre,
arsleaa wrilu iitoae- ain( rrnnar uai-
W will contract with partlin thrroselTO at tha
iMivcra'a nd Dot tnrong-li third partle.
IV SlunCUIKKHII AND COICHfcM
PO DttNTtt.
rcrsoni writing to thia office in relation
to their papers or business, will please state
the postofiice to which the paper in, or will
be sent, or the answer must be mailed,
Thsy will m statu whethur they take or
les.re to take the Daily or Weekly.
By so doing, much delay and trouble will
baUSVOldCU.
TUB LK I iLtTi V li JUTI' ATIOM.
The Legislature, by a joint resolution,
stood adjourned nine die, at 12 M. on the
thirty-first inat. The House failing to con
cur with tho Senate in rescinding this joint
resolution, the Senate wrongfully Dotified
tbe House thut it would not adj iurn, as re
quired by the joint resolution. Whereupon
a motion to adjourn until 3 :JtO r. m. was in
troduced by one of the m 1 i irity, and the
Speaker putting the question amid points of
order and appeals, it was carried.
The Speaker then sent the chief clerk
into the Senate and had him make formal
announcement of the same. By reference
to the journals of the House, published in
this iue, it will be seen that the midbrity
in the House, opposed to the Texas and Pa
ciflc Railroad bill, entered a solemn protest
against the proposed order of adjournment,
and calling Mr. Kessle'- to the chair, this
minority formally adjourned tine die at 13
m., as agreed upon by the concurrent reso-
lu i n of both houses.
In the meantime, prior to the adjourn
ment to 8:30 i. m , a messige was received
from the Governor, urging the passage of
several important State measures, and ex
pressing the hope that, such could be effect
ed by a continued session. I his was an
executive demonstration, over which the
railroad side of 11 use showed great exulta
tion.
The legislative journals of Wednesday will
1 read with interest. An order was issued
from the House about 10 a. m. for tho arrest
of the absent members, and thesergeant-at
arms proceeded to. the court room, where
the minority was nuFcuiblcd, and took
them, without any demonstration of re
sistance, in charge. They entered the leg
islative hall and the Speaker called upon
them to give explanation of their absence.
A number of gentlemen refused to do so,
while many entered a manly protest
against the authority that arrested
them.- All the protests embodied the
belief that the Fifteenth Legislature
aljourned tine die on the thirty-first
During these remarks a low applause came
from the galleries and lobby, whereupon
Mr. Campbell made the motion that the;
be cleared of all spectators. Col. Rainey
opposed the motion, and said he desired
the public to see and understand all that
was before the House, but without putting
the motion the Speaker ordered the aer
geant-at-arms to clear the galleries and hall,
and the result was that very little was heard
of therematks made by the gentlemen who
spoke for the minority. We are ii formed.
however, that able speeches were made by
Messrs. Coleman, lloyd, Brooks, Rust and
others, in which they manfully defined the
podtion of tho minority. No quorum
acting in the House, it adjourned till
3:30 r. M. . At the afternoon session,
a quorum was obtained ly the seating of
part of the minority.
Wk givk, for the second time, a copy of
the bill which Mr. Coleman asked leave to
introduce in tha House, pending the effott
on Friday to take up the Texas and Pa
cific bill: .
An act fixing the tr diem pay of the meoi
hers of the Legislature of the State of
Texas, at alt called or special sessions.
SKCTtoN 1. Bf it tmiftetl by the Jjtyuhiture
qf the Utiite of lexiu. That the members ot
the Legislature of the State of Texas shall
receive from the treasury of the State, for
their services, the sum of two dollars and
no more, for every day they rnay be in at
tendance upon all called or special sessions
of the Legislature.
Sec 8. W heress, by virtue of a concur
rent resolution of the Legislature, passed at
the present session, stid Legislature will
adjourn on the thirty-fiist day of July,
180; and whereas, it is true that the pub
lic interests will in all probability-require
an immediate called session of 'the Legisla
ture, thus creating-cu tmergency; and
whereas,, it is" ah imperative public necessi
ty" reduce the expenditures of the S.ate
ifovernment. thrrclore, that this act take
effect and be in force from and after its pa
ssire. Sec. 8. That all laws and parts of laws
in conflict with the piovisious of this act
be, and the same are hereby repealed.
Tbe object of the bill, it will be seen,
was to make legislator serve during a prob
able extra session at the same rr diem as
though the regular session were continued.
The vote on permission to iutroduce was
as follows:
Yeas Messrs. Adnnis, Rarzixa,Blackman,
Boyd, Brooks, Cordis, Cmnugtou, Cole
man, Deomau, Garrison, lUynes, Uumer,
Hutchins, Jonea of Gouziles, Jones of Mo
Lenaan, Kopperl, Ltthmp, McGinnis,
Moses, Northington, rerrenot. Quia, Rob
erta f lit-, Robert of Harrison, Rogers,
Schrier, Shaw, Voo Bibemtein, Watson
Wilson and Wurtbach 33.
Nj Messrs. Allison, . Adkisson, An
drews, Baker, tturrowa. Cant) bell. Cham
bers, Chelry, Cochran, Cone, Coolrj,
Darnell, Dennis, D uc,laa, DownGrahaui,
GrirVuh, Harris. Hart, Holly, II .rton,
lkard, Isaacs, Kinni-on, Lng, MtCotnb,
McCorkle, McCuisti in, . MoKinnion, Man
Ion, Marshall, Martin. Mead, New laud,
Parker, Tat tie. Peers, Price, lUiney, Stew
art, Schmidt, Smith of Denton, Smith of
Walker, Suead, S wisher, Sone, Thomp
son, Tow Ws and Young 49.
K o rirr tkk.ii.
Te people of Texaa will never forgive
those who led the way in postponing every
public reed to the demands of a great rail
road kin, represented here in Austin by a
powerful lobby. ren if Scoti's demands
were wholly and unquetinbly right and
proper, l-" f" pardon for those
ttvti sacrtti? everything and post
poned every public aa J private interest to
this of a terrible corporation. And all this
is dona ia the very aiidt of tbe reign of
Grangerism, born of hostility to these
hog and mighty crport'oo. There' is
pny a newly pledged state into who has
3-
voted here steadily with reference to prona
tion to Federal otficp, who s'.ood attll, each
raorciug, when he had ascended the l ist
stair leading iit the halls of the
Capitol, and, contemplating hi own fu
ture, gazed wistfully towards Washington
where he hoped to wear a bririsnt crown
of Federal honors. Such dreams become
vague visions of the past, and they who en
tertained ihem and have wrongel a great
commonwealth and generous and brave peo
ple by postponing their interests that those
of a mighty corporation, plundering Slates
and the L'uion, tui irltt be consummated
there ambition adherents of Tom Scott
have dug tin ir own graves, ""d the clods are
now nitilin! mi their o ftius.-' I honest.
aa we nn-ui their loilv 13
itup tr-
domble. anl we . t f - thri.i
Tom Storr and .1 i G .u.d were f ir
Blaine al Cincinnati and it i their mom y
and claqems that aim .si nominated Ii nine.
Tlie same ring of government and S a'e
plunderers fought Tilden at St. l,'iit. arid
the same wire here shaping tin- legislation
of T- xt and postponing every interest oi
the people to that of the great land piiate
Tom Scott. K'cn hunt hi Grangers have
been deluded and entnvjiped and would
absolutely turn over the St ite of T. xas to
the tend -r mercies of a merciless corpora
tion. Hi N. S. 11. Dahukn, when approached
by i-iitiemen of this and Mr. Schleicher's
dititnet, has per-istently stated that he was
not and w..ul I not be a candidate for Con
gress. II : claims that Austin is only his
place of fli:ial residence and temporary
domicil, and that he retains his cit"i7.'.-Dhip
in the district repreeuted by Mr. Schleich
er. This frank, manly action is as credita
ble to the hoiiCt worth of Col. Dtrden us
his coiici'sioii of the virtues of Mr.
Schleicher is flittering to that gentleman.
Rkprkskn itativk Maktin, in a li tfer to
his paper, says that the Stat Kbit ax has been
bought by llii'itin;;t'u. Col. Ir Morse said
we wire bought I y T un S :ott and so did
the Gratigi rs that he controlled, and then it
was said that we were bribed bv the Inter
national company. But people happen to
believe that, insieud of the dozen masters,
as shown in our relations toG ivernorCoke,
Judge Hancock and Governor Hubbard,
the Statkhm.vm recognizes no master.
Tim Governor's message recognized that
the adj lurnuvnt till 3:30 p. m. was a re
peal of the joiut resolution, and taking
into consideration the fact that an uutiring
effort had been made to get an ubseut mem
ber, and the additional fact that large
sums of money nail iieen ottered oy 10m
Scoti's agents for the gentleman, it will be
regaided that this uovel mode of rescind
ing was a piece of legerdemain on the part
of the railroad men, fixed up probably as a
last resort on Sunday.
Gov. Cokk cau't live, it is asserted by
his frienls nn I by his Excel'ency, on a
salary of $1000 per annum, and yet he
would have the Legislature continue
the (so-called; picsent seion that the
members may rec-ive only $2 insiead of $5
each ier duin. II it Excellency, now that
he has been made a Federal S ;nator, should
never descend to arts which would bring
him into disfavor before the neople.
TitK telegrams bring news that the Sen
ate failed to sustain the first and fcccond
articles of impeachment agiinst Belknap.
Senator Hamilton voted for impeachment
on both articles, while Sen itor Maxey failed
to vote on the first, and t''eu voted for the
second article. There was but little doubt
about the guilt of B -lknap, but the voting
seemed to turn on jurisdiction.
Why should we give Tom Scott more
land than other Texas railroad builders?
He has forfeited his grant again and again.
We owe him nothing and it is a new ques
tion, u liy repudiiite a subsisting contract
with the International and renew an ended
contract with Tom Scott? Western Texas
is entitled to railways and Northern Texas
is striated with them.
Tub Iffidliytt, ol Uuuud Rock, iccms
somehow to think and very curiously '"that
while the Limpasas and Belton narrow
gauge would kill Round R nk, it would
not benefit Austin." Too truth is, it
would not kill Round Rick. It would,
however, build twenty flouiishing villages
and all these would " keep up stocks
buying daily and weeklv in Austin.
The Leatler, following the example of
the Ennuiner, fays it will ntver more notice
a personal assault upon its editor, and de
cent, impersonal journalism becomes sp
proved by the press and people of Texas,
Mrs. Woodiiuia, it is said, lias sued for
a divorce from Blood, and has stopped her
paper, worn out with the teirible excite
ments of her tempestuous life.
TiiitooKMOKTON wagefTt-S ibbby, the pa
pers say, that toiled at St. Louis to defeat
Tilden and put in a man who would lend
himself to Tom Fcott.
Tub Examiner will hear from his Excel
lency to-day and have an opinion on the
Tom Fcott land-grabbing business to-morrow.
TliK Bonhi.m Stir says that it begins to
look like all our present Congressmen, ex
cept Hancock, sre to lie re-elected.
1IIR LKGHLAT. VK fc.HUsOCLIil.
Kxtraeta from the Lealaiatlv Journi't
of .Tluadav mm Tuesday.
Mr. Dermsn called for the reading of
the message just received from his Excel
lency the Governor, winch win as follows:
ExKcniv 'ffick. State of Tfxas. )
Acsiix. July 31. 1376. (
Tit the JlonorttJJe Senate ah d House of Re-
rtWhfof irra.
OtDtleuien I am informed by yout jour
nal that a joint rt solution has la-en
adopted designating this, the thirty frst
day of Jaly, as the lime when the two
houses will aij mrn nine die. You arc not
Unadv-l tue fset thai n 1 r;e in.i.s of
public l.-iin - ol vi al uturet lo Ine peo
ple of Tex ', and abaoluiely neceury to a
proper working of the government, ituper
a'ivety demands immediate legialalive ac
tion, among which may be enumerated ap
propriation to carry on the government
Irom the thirty-first of August, proximo, a
law for tbe u-s.isinent and collection of
taxes, one fixing the fees of county attor
neys, besidca maay others of almost (qua!
importance. Nor are you unaware that
many .rovisiors of the Constitution
which this Legislature is commanded
in that instrument to put into force
at it first session by appropriate
legislation, remain untouched ani unen
forced by legislative action. If, under
these circumstances, the Legislature shall
adjourn, u is deemed proper to inform your
honorable bodies that in the judgment of
the Executive, aa "extraordinary occasion"
will have arisen requiring the call of a
special session of the Legislature, and that
a proclamation for that purpose will be im
mediately issued.
A mora pleasant season of tbe year for
your labors would have been preferable, but
tha public interests have never ia tha his
tory f legislauo ia Ttiaa been allowed
to kufXir for individual convenience vr cou-
frt. Tbe convention which framed the
C institution of 1B43 assembled i i this
ci'y on the fourth day of July, and ad
journed 00 the twenty seventh day of Au
jiUt r-f that year after finishing their labors.
Tite Six'.h Legislature held a sssioo com
mencing nn July 7. and adj uri,eJ Septem
ber 1, lboO. The Twelfth L-gisIaUire com
mented a ses'ion on the twelfth of April,
and adjourned on the fifteenth of Aunt.
The late C institutional Conven'ion com
mrnccd its fe.-sion on the first of S p'eni
ber, and arij mrned on the twen'y-fourlh of
November.
'1 hese precedents would jus: i fy a re
aPs mbliDg of the Legislature at tins time,
even if the public exigence would permit
its pimponement for a more comfortable
season, instead of pressing upon us as they
do for immediate action.
The clauses of the Constitution con
fetnni? the power upon ihe Kxreu-
iv : to convene Hi;hi -.sions are
b I ev' d ti. have b inw rtud as a
piovisioii f r i-xtr urd:n try m-casions.
inch could not oj foreseen and provided
for Oy a regular session of th ; legislature.
It is not believed to have Iti-eu 111 the con
templation of the trainers nl the Constitu
tion, as it certainly is not dtducilile from
the liiiLjiiSLTe of that instrument, that tl.e
"extraordinary oce ii-ioii" referred to, could
or wciihl tie crea en ny the act oi a regular
session adjourning nine, die leaving the pub
lic business ui.tiuislied. If this conclusion
be correct, and it seems unquestionably so,
while the Legislature is admitted to have
the physical power to adjourn, I. as it the
constitutional or moral right thus diiectly
to refuse the execution of a high trust vol
untarily assumed, with a full knowledge of
all its coudhions ? It seems to ine that this
question must be answered in the negative.
If ynur honorable bodies will adjourn,
it will be well to remember that the follow
ing consequences will Inevitably ensue:
1. A rpecial session of the Legislature,
to lie called immediately, at a cost to the
State at least two and a half timts greater
than if the present session were continued
on account of the increase of the pay of
members Irom two dollars to five dollars
per diem.
2. A large portion of the cot of your
past labors in placing bills in the different
s ages of the progress they now occupy
will be thrown away, as the same bills in a
special session must be in (rod need unaiu,
referred to committees again, and reported
to the houses again for their action.
3. The S'ate is entitled to the collective
judgment of the two hou-es as to what
subjects should be legislated upon, of
winch she will be deprived, because in spe
cial session the judgment of the Governor
alone dictates the measures upou which the
Legislature shall act.
1 1 view of these considerations, and of
the bad urecedent, the more pernicious be
cause of the high authority which will
have established it, tht honorable Legisla
ture is earnestly ri quested to rescind the
resolution of adjournment and conn nut
the transaction ot the public business w hich
it was elected and has assembled here to do.
Very respectfully, Hichahd Coke.
A messase fr -tn the Senat was an
nounced, and Si na'ors Douglas, Martin
and Grace entered, and being recognized
bv the S leaker, presented the following
mes-age from the Senate:
Wiikhbas, The 3euate heretofore on the
fifteenth day of July passed a resolution
bxiug the day for adjournment nine die;
and
Whereas, It now appears that a large
amount of iinportaut business remains uu
finished by the two housts; therefore,
Jiftoieed, That a committee of three mem
bers be. appointed by the President to wuit
upon the House and notify it that the Sen
ate will continue its sessions dunn" tbe
day, and until nu ll timers may be hereaf
ter ngrced upon by both houses for adjourn
ment.
Mr. Baker moved to adj mrn to 3:30
M.
Mr. D.tinman raised the point of order
that the motion to adj mrn could not be
entertained.
The Speaker overruled the p iin, stating
that the motion to adj niru was always in
order.
Mr. Barz'z-i appealed from the decisiou
of the Speaker.
The Speaker decided tha, the appeal was
out of order, for if an appeal on a motion
could be entertained, and then a call of the
II iuse made made on the appeal, the House
couid be kept sitting, against its will, if
there were any absentees.
In deciding that tho appeal made by Mr.
Baizizt from the decision of the Speaker
on the point of order in relation to the mo
tion to adjourn was not in order, the
Speaker said that in the very nature of
things no appeal could be allowed in such
ease for, if an appeal was allowed, then
call of the H"iie on the appeal would be
in Older, ami if there were any absentees.
then the pending question which is the
motion to adjourn, would lie on the table,
acci rding to ihe mle of the House, and by
ch proceeding a very small minority could
keep the House in session against the will
of a majority, if such p oceedint; were
allowed, a factious minori y could, by rais
in& a point of order on every motion to ad-
jour.i, and then appealing from the ad vers
deci-iou oi the Hpeaker and then moving
a cull of the House, keep the House in sea
sion against the will of the majority for
days or weeks, and that, too, whether the
point of order was founded in reason or
nictated by captiousness.
Mr. Kessler raised the point that the
House of Representatives could not adj turn
to a later hour than 13 M. to-day, that hou
hiving been fixed upon for final adj m
meiit by both branches of tho Legislature.
by a conenrrent resolution which had jieve
been rescinded by ihe House.
The Speaker overruled thepflfot, as the
House had always the J'ht to adj urn.
Mr. B ttz za .jttriiealed from the decision
of tb.e.fUu:..
" The Speaker decided that the appeal wa
out of order aud would not be entertained
Mr. Bnz'zs appealed "from that decisiou
claimed the rl ir and sta'ed that he won't!
not surrender it or take his seat unless h
was forced thereto by the Sergeant al
arm.
Toe Sergeant-a'.-arms was instructed
seat the gentleman from II tnis, and did so
The Speaker overruled the several poiuts
of ordxr substantially to the elleet thu
"as the concurrent resolution of the House
and Senate to adj iurn at 12 o'clock M.
Julv 31, bad never been rescinded bv the
Houe, that there'ore the motion to ad
journ to 3-30 o'clock P. sc of the same day
was not in order, and was inconsistent with
the former action of the House in adopting
the concurrent resolution " Iu overiuling
the t.oinu of order he s-iys:
1. That a motion to adjourn is always in
order, except when the House is actually
t tingupwn some other proposition, orwhe
1 he previous question upon some other ques
tion has been moved and seconded.
2. That, although the motion to adjourn
if carried by a majority of the House, would
have the effect to rescind the concurrent
rr solution in regard to final adjournment
aud would, therefore, he incous stent wit
the lormer action 01 me 11 nse; "Vet sue
inconsistency might be sufficient ground
for the rvj-ction by the Houe .f the m
tion to adjourn, but it is not within th
competence of the Sjieaker to snpp-ess it a
njktainst ord.-r
3. That the S;nate had, 00 the twenty
ninth day of July, officially notified the
H-use that the concurrent resolution of ad
journment had been rescinded by the Sen
ate, and upon this day and before 'his mo
tion to adj urn had been made, a commit
tee from the Senate had formally presented
themselves at the bar of the II uise and of
ficially notified the House that tbe Senate
would continue its sessions during the day,
and uctil such time as may be hereafter
agteed upon by both houses for an adjourn
ment, and that therefore the II -use did
not have the consent of tho Senate to ad
journ ie die,
4. That the concurrent resolution of ad
journment did not authorize tbe Speaker of
trie House to declare the House adjourned
tine fat, but merely -fixed the day of final
adjournment, hence the question tf ad
journment ia ia order and can only be de
termined by a vote of the majority.
The calling of the roll upon the motion of
Mr. Baker to adjura was begun. Pend
ing tha same, the Speaker announced that
Ihe following enrolled bills were presented
for his signature, and, hsving resd the cap
tion thereof, signed the same: Senate bill
No. 1S3 1-2, To provide for supplying Inst
records in cert sin cases; Senate" hill No.
235, "To incorporate tbe city of Sin Anto
ni and grant a new charter to said city,
and to repeal certain acts herein named to
incorporate said city."
Previous to announcing the result of the
roll call, Mr. Kessler called upon the
Speaker to remain in his chair that at 12
m , in accordance with the concurrent re
solution adopted by tbe Senate and ILuo
to adj inrn tine die at 12 M. to-day, he might
announce that the House of Representatives
of the Fiftecntlra Legislature stood ad
journed ine die.
Roll call upou the motion to adj ,urn to
:i::;i) p. m.
Yeas Messrs. Adams, Andrews, Barziza,
Bl.tekman, Boyd. Brooks, Card is, Carritmlon,
Coleman, Dcniuan, Dennis, llayues, Jones of
Gouzules, Jones of McLennan, Kinnisoii,
Ki-ssler, Key, Kopperl, Lathrop, Middle
brook, Moses, Northington, Perrenot, Price,
JMin, Roberts of Bee, Rogers, Bust, Sthrier.
Shaw, Smyth, Swisher, Vou Biberstcin, Wal
S4.ii, Watts and Wurzbach 3.
Nays Messrs. Allison, Adkisson, Burrows,
Campbell, Chealey, Cochran, Cone, Couley,
I); rnell, Douglas, Downs, Gaston, Garrison,
Graham, Gr;tlith, Harris, Hart, Hollv. Hor
lon, Ikard, Isaacs, Lang, McComb, McCor
kle, Mt-Cuistion, McKinnon, Manion, Mar
shall, Martin, Mead, Newland, Parker, Pat
tie, Peers, Pickett, Raincy, Rolierls of Har
rison, Stewart, Jscumidt, fsmitu. of Denton,
Smith of Walker, Snead, Stone, Thompson,
Ton ics, Wilson and Young 47.
Mr. Baker stated that he had paired elT
with Mr. Hutchins; he would have voted
a; Mr. Hutchins, no.
Mr. Chamliers stated he had paired off
wiih Mr. McLane; he would have voted
t-a ; Mr. McLane, no.
The following explanations of their votes
were asked to be up re ad upon the journal
by the respective signers, which was or-
red :
Gaston's reason for voting " I " on ad
journment to .5:30 o clock p m., July- 31,
18.0: Constitution of the S a'e of lexa",
paie 11, section 17, article 31, legislative
department.
I vote yea, and want it understood that I
sh ill vote against any relief to tbe Texas
and Pacific Riilroad, should a bill come be-
lore tins Legislature. Wilson.
B lieviug that the journals of the House
already show sufficient reasons why this
Legislature should contiuue in session be
yond the hour of 12 m this day. in the
Urge amount of unfinished business abso
lutely necessary to the administration of
the State government, I vote "aye."
Thompson.
I vote against the motion to adj-iuru uu-
13:30 p. m for the reason that the House
of Representatives, by a concurrent resolu
tion, agreed, to adjourn tne die on the
tlrrty first, at 12 M., and while I have
persistently voted to obtain a vote on the
said concurrent resolu'ion, in order to re
sell d it, but having failed, to obtain a vote
on said resolution, believing it in full force
and binding on tbe House, cannot vote to
violate it. Price.
The undersigned members of this House
respectively state as their reasons for vot
ing "aye" on the motion of the gentleman
fri-m Panola, Mr. Baker, to adj iurn until
3:30 this afternoon, that it is out eorncst
desire to proceed without delay to the con
sideration of the important measures, the
passage of which is imposed upon us under
the Constitution, at the present session ;
amongst which are the genera appropria
tion bill, the tax bills, the bill providing
for a sytteni of public schools and the meas
ures for he disposition of the penitentiary;
that we deem it highly inexpedient in view
of the public interests of the State, finally
to adjourn this session of the Legislature on
this day. That the Senate, through a com
mittee, have just informed the House that
they do not consent to such final adj urn
meut to-day, and believing it to be our con-
siiutional right to contiuue in session a-jd
our duty as representatives of the people,
until the important measures above men
tioned, shall have been pasted, we there-
re vote "luye on said motion to adjourn
uutil 3:30 o'clock this afternoon,
G J. Adkisson, T. M. S one, M. Ikard.
A. C. Isaacs, T. R. Conley 1 W. Hollev, S.
W. S.ewart, T. J. Towlea, G. U. M"iad,
J. S Pattie, II. M. Burrows, PhilK. Peers,
,1. C. McKinnion, A. T. Ruiney. S. R.
Roberts, A. J. Hart. T. M. Smith, M. II.
McCuistion, A. B. Manion, K I. P. Mar
shall, E F. Schmidt, L. H. McCorkle, Mc.
A. Harris, A. Horton, It. D. Allison, John
H. Cochran, V in W. I ang, Sam Y. Smith,
F.' J. Campbell, G. B. Pitkett, C. J. Gar
rison, R L Parker, T. it. Qain, Win.
Thompson, N. H. Darnell, John S. Gritiith,
S. G. Graham, Henry Snead.
Messrs. Martin, McComb, Douglass aud
R tin ey vote "aye" for the following rea
sons :
1. Because the Fifteenth Legislature
has not yet enacted the laws necessary for
putting into motion and carrying on the
S ate government under tbe Constitution,
and which ar positively rtquired by the
provisions of that instrument to be enacted
at the present session. Among these mea
sures of importance, there are now pending
bills regulating the assessment and collec
tion of taxes; the general appropriation
bill, the general incorporation bill, the bill
establishing a system of public free schools
the general fee bill, and others of perhaps
equal importance. By an adjournment,
tuese bills s me of them now on their third
reading, would fail, and even if an extra
sessiou was called at oDce, would have to
be reintroduced and go again through all
the stages of legislation, through which
they have just passed.
2. Members of the Legislature are now
entitled to 2 per day lor their services. II
a final adjouciruent shall be had it is well
known t;,t the Governor would lie com
pelled to call an extra session. In the ex
era session members would be entitled to
$ 5 per day. We are not willing to have it
said that the Fifteenth Legislature adjourn
ed its regular session leaving unfinished
business of such importance to the State, as
to force the Governor to call them in extra
session, for the purpose of increasing the
ier diem of members from $? to $5.
3. B.-cause we believe that the Senate,
having withdrawn its consent to an ad
journment ou this day, and notified the
House that it would contiuue in session
from day to day, until some other time for
final adjournment was agreed upon by the
two houses, that it was iu the power of the
House, and its duty, to r scind the resolu
tiou heretofore passed fixing 12 M.. this
d, as the tmi- for final adjournment by
adj urni' g to meet again al an hour later
than 12 M.
Therefore, believing' that the best inter
ests of the State and our obligations under
our oaths, "to support the C institution of
the State," make it obligatory upon us to
vote to rtHiaiu io session until we have
passed all laws in conformity with the man
datory clauses of the Constitution, we have
simp y performed a duty that we owed to
oar immediate constituents and to the State
of Texas.
Mautijt, - . McComb,
Rainkt, Docglas.
I c incur in the above. Chajibehs.
We did not vote on th3 question of ad
j mrnment, having paired ff , as the record
will ihiiw; but we desire to go upon the
record as concurring in the opinions spread
upon the journals by the gebt'eman from
Mtrion aud others.
Baker,
Ciiambkrs.
I rnfed "aye" on the motion of the gen
tleman fr 'ni Pani hi to a jo i'n nntil 3::W
p. M because it soctned well to me thus to
vote. Downs.
The Speaker then, at 10:10 a. m., de
clared the House adjourned to 3:30 P. m.
"Wf, the undersigned member of the
House of Representatives, solemnly protest
tbe action of the Speaker and the majority ol
this House in adjourning Uiis II tuns to
3:30 o'clock this evening. On the ....
day of July, 18T6. this Uonse passed Sen
ate concurrent resolution No...., adjourn
ing the Legislature tine die at 12 H. on this
the thirty -first dsy of July. That resolution
is not rescinded by this House, nor do the
majority of this House pretend that it is.
We therefore believe that there can be na
two npinioos but that with this resolution
unrepealed, unresrinded, this Legislature
must adjourn ie die at 12 fct. to-day.
This fjrcnooo at 10 o'clock the-. Speaker
entertained a motion made by one of the
majority that this House stand ' adjourned
until 3:30 p.m. to-dsy. We made every
lawful 1 ffort to prevent tha Speaker from
pitting this question and the majority from
voting for such adj mrnment because we
believed that the House has so autborvy
without rescinding the above conenrrent
resolution to adjourn to a time beyond 13
m to-day and that tbe only tffect of so do
ing is to adj. urn this Legislature sins' die.
We solemnly protest against the pre
tended longer continuation of this sttssion
because by s continued session no public
interest can thereby be subserved that can
not e.jutlly as well and eq'titly a eeimim
ifd'y be subserved in a special session.
Bat there is a difference, and that is that
by protracting this session the relief
sought by the Texas ar.d Pacific Riilroad
Company may be indirectly obtained, aud
we do solemnly protest against this indirect
at coir pi -aliment of a purpose that cannot
lie lawfully an! dirtcMy accomplished.
We impugn the motives of no man, b'lt
we d--al with thu ftcts, ami the fact is that
pat tie. l!v, rothing will be or could be ac-
ci-mp'islied bv continuing this session, that
cow Id not be accomplished in special ses
sion, except to give relief to an alien cor
poration that lias cvemJder, the rights of
tbe counties along its line, and that, if
fos'ered n iw in t tie manner proposed will
dominate the State.
We hereby pledge ourselves that if
calied in special session, that we will vote
for a bill fixinc the -ti diem psy of mem
bers at two dollars, tne amount that would
be paid us in protracted session.
W. S Coleman,. W. S J. Adams, Thos.
II. Andrews, D U. B rz zt, B. F. B ack
diiii, .Times Bijd, C. II. Brooks, L mis
Cirdis, I) C. Carnington, W. L Dentnan,
T. M. Dennis. John F. Haynes, W. II.
Jones of G in z ties, Leni Jones of McLen
nan, A. L. Kessler, A. J. Northington, M.
Kopperl, A. S. Lathrop, J. W. Middle-
brook, Noiton M ises, M. V. Kinnison, M.
Q-iin. E. A. Perrenot. L. F. Roberts of
Bee. Win. L. Rogers, W. M. Rust, Travis
Shaw, Jas. .I Swisher, H. It. Von Biber
stcin, P. S. Watts, C L Watson and Clias.
L. Wurzbach.
EVENINS SESSION.
House met; roll called; no quorum pres
ent Absent M-ssr. Adams, Andrews, Bar
zzt. Back man, Bovd, Brook-, Cardis, Car-
ringtou, Colemtu, Djuman, I-nnis,
II ivnes, II inter, Jones of Gonzales, Jones
of McLennan. Kiunison, Kessler, Kopperl,
Lathrop, McG nuis, Middlebrook, M ises,
Northington, Perrenot, Quin, Roberts of
Bee, Rogers, Ru-t, S iaw, Swisher, Von
Bioetstein, Watson, Watts and Wurzbach.
The following message was received
from his Excellency the G -vem t, and by
:he Speaker laid before the II use:
Executive Office, State of Texas, )
Austin. July 31, 3:30 p m
To the Honorable Semite and House of llep
rmtntulicta :
Geidleiiun Having been informed of the
resc.siou by the Senate of the coucurrent
resolution providing for an adjournment of
the Legislature ou this day, and of such
action by the House, as implies a concur
rence therein, if such linn been necessary,
I have tbe honor toiufoiui you that the
Executive is proiouudly gratified thut the
spectacle is not to Im presented to the
country of an adjournment of a regular
session of the Legislature in tho presence
of a grave and imperative uecssity for im
mediate legislation on many subjects of vi
tal public mterest thereby in a mode not
sanctioned, by the Constitution or the in
terests of the S:ate, necessitating the call
of a special sessiou. tenders his cordial co
operation in the enactment of such laws
as the exigencies of S.ate may re
quire. Iu this connection, I will re
mini your honorable bodies that much
important business rem tins yet to he done
aud chief among ninny other measures of
vital cobsequeuce I invite your attention
specially to the general appropriation bill,
without which, ou the nrst day of Septem
ber, the asylums and all the departments of
the government will be without a dollar for
their support ; a law fixing the time for the
meeting of the Sixteenth Legislature,
general election law, a law fixing tbe fees
of county attorneys aud of all other otti
cers, a law whlclj. slull settle the much-
vexed penitentiary question, a law provid
iog for the assessment and collection of
taxes, amendments to the penal code here
tofore recomuiejided. etc.
The hope is indu'ged that such measures
of general State interest as are essential to
the public welfare will be given precedence
iu your deliberations, to the end that you
long, exhaustive session may as speedily as
the public interest w 11 permit it be brought
to 11 ch .se.
Very respectfully, Riciurd Core
Mr. Campbell offered the following reso
lutions:
WiihutEAS, There are a number of mem
bers of this House, who have, as we be
Ibve, purposely absented themselves from
the present sitting of the House, knowing
that thereby no quorum would bo here
present; aud
Whereas, We, the majority of the mem
bers of the House of Representatives, do
solemnly declare our belief that the action
of the H.iuse, this day, in refusing to ad
jouru nine die, was iu strict conformity to
parliamentary law and in obedience to
ouf duty under the Constitution, it be
ing well known to us that
the general appropriation ' act, the
several bills for raising revenue, the bill
providing for a system of public fre
schools, and other measures, which tie
Fifteenth L gislature, by the teams of the
Coustiiutiou, is positively directed to pass,
have not set passed the two houses. And,
"""Whereas, We aro earnestly desirous to
resume without delay the consideration of
these important measures, but are unable
to do so in the a' sei.ee of a quorum of the
II m-e. And,
Whereas, The power is accorded to us,
under the C n-titution, to compel the at
tendance of these absence members, but we
are desirous, if possible, to avoid s resoit
to any compulsory measures, but woult.
ra'her that all dissensions be amicably
healed and a perfect harmony restored,
th'-refore,
Rinolved, That in the name of the people
of tho State of Texas and in consideration
ot the great nectss:ty of hastening the im
p irtant Lu .iuess now pending before the
Lgslature, we do most earnestly appeal
to those members of th s House who pur
posely absent themselves from this House
during our fitting to return to their seats
and 'heir duties and aid us in the consum
mali m of that legislation necessary to car
ry on the State government.
Iliolted That the sergeant-at-arms be
fuimsiied with a copy of this preamble and
resolution, aud that he be directed to read
the same to such absent members as he
may find.
Adopted by the following vote:
Yeas Mr. Speaker, Messrs. Allison, Ad
kisson, Baker, Borrows, Campbell, Cham
bers, Chesley, Cochran, Cone, Conley, Dar
nell, Douglass, Downs, Gaston, Garrison,
Graham, Griffith, Harris, Hart, Holland, Hol
ly, Hortqn, Ikard, Isaacs, Lang, McComb,
McCorkle, McCuistion, McKinnion, Manion,
Marshall, Martin, Mead, Newland. Parker,
Pat 1 ie. Peers, Pickett, Price, Rainey, Roberts
of Harrison, Stewart, Schmidt, Smith of
Demon. Smith of Walker, Smyth. Snead.
Stone, Thompson, Towles, Wilson and Young
r3.
Navs Messrs. Key and Schrier 2.
TrESDAT.
Pickett offered the following resolu
M
tion:
lUoohed That the sergesnt-at-arms take
into Ciisto It and bring to the bur of the
House such of its iiit-mliers as are now ab
sent without the leave of the II use.
The resolution ws read second time and
adopted. The chief clerk was directed to
make out a warrant of arrest, attach there
to the names of the absentees aud deliver
the stm. to the sergent-at-arm.
To J. L. Hull, Serijrnnt-ftt Armt:
You are hereby commanded to arrest snd
bnog to the bar of the House of Represen
tatives of the Fifteenth Legislature, now
in session, the following named inembeis
of the House w ko are absent without leave,
viz.: Representative W. 8. J. Adams,
Thos. H. Andrews. D. U. Buzza, B. F.
RUckman. James - Boyd, C. IL Brooks,
Louis Curd i. D. C. Carrington, W. 8
Coleman, W. L. Denman, T. M. Denois, J.
T. Hajnes. W. II. Jones (of Gooxde),
Lem J -ne (f McLennan). M. Y. Kinni
son, A. L Kessler, M. Kopperl. Abner 8.
Laibrop, O. U. P. M.Ginnis, J. W. Mid-dlebr-iok,
N rton Mows, A. J. Northing
ton, E. A Perrenot, M. Q tin, L. F. Rob
erts (of B), W. L. Roger. W. M. Rust,
J. M. Swisher, II. It. Yon Bibersteiq. C. L.
Watson, PS. Watts and Cuaa. L. Wurx
bsch, there to bold and keep said members
under srrest until 4h rwise ordered by this
Hue.
Signed , T. R. Boxsot,
i . Speaker.
Issued in conformity with a resolution
adopted by the Horse of Representatives,
thia first day of August, ISTd.
S gned J . C. w also,
Chief Clerk Douse Rep.
Come to hand August 1, 1876, snd exe
cuted the same dav by arrtst.ng all the
ithin natutd memoeis of the House of
R
epresentatives (-xcrpt the II m D. L.
Btiz;z and the Hon. T. M. Drnris), whom
now have liefore ihe bar of the H 'Use.
Signed J. L Hall,
scrg't at-arms II. of R.
August 1, 1?TG, at 11:13 a. m. , received
from S.-rgeani- al-Arms.
W. C. Wai.su.
Cuicf Clerk of H. of R.
The sergeant ai-aiuis brought in under
arrest Mr. K pperl, who, being inteirogated
by the Speaker aa to the cause of his ab
sence without leave, protested against being
I o reed to take auy part in tbe deliberation
or proceedings of the body, as he did not
consider the Legislature legally ia session.
Declining to lake his seat, the sergeant al
arms was instructed to keep him in cus ody.
I he sergeam-at-arms then aunouueed that
n oledience to the warrant delivered to
hint he preseuted before the bar of the
House the following uentlt men :
Messis. Adams, Audrews, BiAckmsn,
Bojd. Brooks. Cardis, Carrington, Cole-
luni, Ueiimao. llennis, 11 .yuef, J mes of
(i .1 zales, Kinnison, Kessler, MtGinnis.
Middlebrook, Moses, Northington, Perre
not, (J,uio, Rolu-rts of Bee, Rogeis,
Rust, wisher. Yon Bibersieiu, Watsou,
Walts and Wurzbach.
The Speaker luierregated these gentle
men collectively as to tbe causa of their
absence without leave from the sittinus of
tne House of Representatives. -Messrs.
Andrews and Quin seut up the following
answer:
We, the undersigned members of the
Houseof Representatives, believing that the
fifteenth Legislature did legally adjourn
tine die l li o'clock M , on July 31, have
decliued to participate in the action of '.hat
body since that hour; we have held our
selves ready at any time since that hour to
attend an extra session as long as may be
necessary for the welfare of the Stale aud
at two dollars per day. We therefore pro
test against our arrest. Andrews,
Quin.
Mr. Colemnn said : Speaking tor myself
and Messrs. Kinnison, BiHckmao, Moses,
Koppeil, R igers, Cardis, Robert of Bee,
Yon Bibersteiu, McGiuuis and Middle-
brook, 1 have to say that we absented our
selves from the sittings in this hall last
evening and this morning because we be
lieve the Legislature of Texts was of right
and by law ad viurnvd tine die yesterday at
noon, aud because we do not it-cognize this
assembly to be the House of Representa
tives. We remained at the capital that- we
might be at baud in the event of an Execu
tive proclamation convening the Legisla
ture in special session, in which aloue we
believe the jeeded legislation can now be
done.
It is well known that some two weeks
since the S-uateand House passed a con
current resolution to adj turn tine die on
the thirty-fiist, of July, at 12 o'clock M.,
and it is equally a well known that the
House wholly failed to rescind or repeal
this resolution.
Wheu this resolution passed both houses
it was upon each house an absolute law un
til repealed, not by tine house but by both.
This was not done, nor is there auy pre
teuce that it was, and we therefore claim
that by virtue of law, and in accordance
with all precedent, the II iuse stood ad
journed sine die at noon ou yesterday.
We acted upon our own profouud con
victions of law, right d -duty. This
morning, while sitting together in the Su
preme Court room, Mr. Hall, the sergeant-at-irms
of the House of Representatives at
its late session, called, aud reading a war
ran, signed by Col. Bonner as Speaker, as
sumed to arrest us. We yielded at once to
avoid anything unseemly, and not because
we believed then or now that there was
any authority of law for the issuance or for
the excuti m of the warrant, and we now
protest as citizens of Texts against any
furt her detention.
Applause proceeding from the galleries,
tbe Speaker ordered the galleries cleared,
which was done.
My reasons for absenting myself from the
so-called L g sluture are as follows: The
Senate and ihe House concurring did pass
a resolution adjourning this House on the
thirty first day of July at 12 o'clock M ,
and that resolution was never rescinded in
due form has never been rescinded in a
legal way, as known to parliamentary usage
as I understand it. Although an un
parliamentary move, the House adjourned
to 3 :30 o'clock on ihe thirty-first. Such
action of the House I protest against.
To jerrymander and use unprecedented ac
tions to accomplish indirectly what they
could not do in strict accordance with par
liamentary law, is in my opinion contrary
to all well known rules, and in the name of
the people of the State of Texas I revolt at
the idea of being imprisoned or being un
der arrest for an honest attempt to -protect
them from railroad rirrahd monopolies of'
a'? liizi r. iiatever, and for my actions 1
throw myself upon the country at large to
consider my course. I have no n slice i t
any one for their acuons in this matter, and
will never think it just to T- xas to prolong
this body for Tom Scott or auy other rail
road king. Hiving agreed o work for
two dollais per day under a call of the Gov
ernor, until the necessary legislation could
be enacted, I feel proud of my actions and
step in this matter, but will take my seat and
help stave off all bad legislation.
Penman.
I came here to represent a free people
honestly and according lo my best judg
ment and I believe that there is standing
on our journals a law not rescinded ad-,
journing this body, notwithstanding the
ruling of the Speaker. I accord to him
the same honesty io his opinion that I claim
for myself, but I cannot believe that he has
the power to repeal a law simply by his
rulii'g, that when this body tailed to repeal
directly this joint resolution that it by vir
tue of said agreement stood adjourned
tine die C. L. Watson.
I enter my protest against my illegal ar
rust by the so called sergeaut-ut-ai ms of
what is professedly the Fifttenth Legisla
ture in session, from the fact in the dis
charge of a conscientious duty, I fully be
lieve that in accoidance with a concurrent
restitution passed by both branches of the
Fifteenth Legislature to adjourn July 31,
at 12 M., tine die, which resolution ha
never been re-cinded, the fi'Bt session of
the Fifteenth L-gislature ceased to exist
yesterday at 12 M , and for ihat reason, be
lieving conscientiously this sitting to be
illegal, I premeditated ly absented myself,
and as a confirmation of my ju lguieut in
this matter and as a Representative of the
Fifty eighth District, I proclaim the affirm
ation of a large number of my constituency
in the telegram I hold in my hand approv
ing my coure to tbe letter.
Pkp.besot.
3Ir. Spealer I resume my sest under a
solemn protest. Appealing to the God of
Nations for the honesty of my mouves, snd
to the country for tho correctness of my
judgment, I submit to en arbitrary power.
i im unable to resist without great damage
to tbe material interest of this t-reat State
and people. C II. Brooks.
We concur in the aliove.
D. C. Capringtox,
J. F. Hayf.s,
A. J. Northington.
Mr. Speaker I absented myself from the
ball of Representatives after 12 o clock.
thirty first of July, because I believe that
the Fifteenth Legislature ceased to exist at
that hour, in const quince of a conrurrent
resolution passed by both house to adjourn
tine die on tbe thirty first of July and not
rescinded up to that hour.
Jones, of Gooziles.
Tbe Spesker then stated that on Sstur
dsy, during tbe sitting of the House, and
while it was under a call, Mr. McGinnis
had applied for a leave of absence, which
was granted, under tbe understanding.
be, tha Spesker, hsd repeatedly given no
tice before, that such absenca wt u.J. be but
momentary, and under solemn parole of
homir.
Mr. McGinnis, in reply, stated thst be
wss not aware his leave of absence was lim
ited ia time.
Mr. Wnrzl.ch' answer I have been ar
rested for willful neglect to attend to my
duties as a member f the Y iff rent a Legis
lature. I deny that I intended any neglect
or disrespect to the House of Itepreseuta
t'.vea. I absented myself because I honestly
believe thst this U juse of Representatives
aasaaaaSaaaaaaaaaaaaaSSaW
stood adjourned at 12 at. on Monday, the
thirty first day of July, 1S7C.
Chas. L. w vrzbach.
Mir. Cochran moved that Mr. Brook snd
the gentlemen who had concurred with
him in his protest lie allowed to take their
scats, and be relieved from custody. The
motion carried.
Upon the suggestion of Mr. Campbell, to
which no ob:ection was offered, the Speaker
instructed the sergeant -at-arms to open the
galleries.
At 11:30 a. m., on motion of Mr. Tick-
ett, the House adjourned to 8:30 p. m.
AFTERNOON SESSION.
House met: Roll called.
Absent Messrs. Birziza, Dennis and
Kessler. Tbe sergeaut-at-arms stated that
Mr. Kessler wss sick iu bed.
Present, under arrest Mess's. Adams,
Andrews, Black man, Boyd, Coleman, Den
man, Hunter, Kopperl, McGinnis, M ises,
Perrenot, Quin, Rolierts of Bee, Rogers,
R S'iauer, Yon Bibe'stein, Watson,
Watt and Wurr.imch.
Mr. Jjubs of M Lminan asked that the
following protest be spread upjn the jour
nal, which was granted.
1 take my seal in the House of Represen
tatives solemuly protesting against the" ac
tion of the majority iu continuing in ses
sion without first re-ciuding the concurrent
resolution passed by both houses adjour.-
ing them tine die on the thirty first ol July,
st 12 M., my object in wishing the sessiou
to dote at 12 M. on the thirty-first of July
being that no relief shall be given to the
Ttxas Pacific Railroad corporation unless
said corporation does fully aud uncondi
tionally place itself under the provisions of
article 10 of the Constitution. I further
stale that iu view of the fact thtt many of
thw most important measures ntcessary to
be enacted into laws have been postponed
various times and made to give place to un
important measures; therefore, I do most
earnestly believe that the necessary legisla
tion of the country could be done under
a call by the G vernor at a less cost
to the Slate than by con'ii uing this ses
sion more especially by reducing the
jier diem unier the call from five dol
lars to two dollars, which reduction
of )er diem I would most willingly hav
voted for; not that I think that Represen
tatives should serve the people at two dol
lars per day, for it dots not pay expenses,
but was willing to do for and in cousidera
tion of the objects herein named.
Jones of McLennan.
There being no quorum present, Mr.
Campbell moved a call of the House, which
was sustained and ordered.
B-fore beginuing the call, Mr. Pickett
moved to suspend tbe call, which was car
ried. Mr. Cochran offered the following reso
lution:
lienolved. That all the members of this
House now under arrust, who were in their
seats and co-operating with us in our legis
lative duties up to the hour of adjournment
on yesterday morning, be released from ar
rest on condition that they will occupy their
seats and resume their duties as legislators
upon this fl tor.
The resolution was adopted.
Mr. Coleman asked that the following
protest be spread upon the journal, which
was ordered :
In returning to our seats we desire to
8tae the motives and Influences controlling
our actions. Profoundly convinced that
the Legislature was of right and by law
adjourned tine die at noon on yesterday,
the thirty-first of July, we refused to par
ticipate in the proceedings had yesterday
afternoon and this morning. We believe
now that there is iu existence no legnl,
rightful session of the L 'gislature but that
the present sitting is without warrant of
law ahd is aly tne result of the will of a
majority illegally expressed.
Thus believing, we acted upon the con
victions of our judgment and with the
highest sense ol duty.
But the majority of the House have de
cided otherwise, and in thuir decision they
have been sustained by the executive de
partmentof the government by means of a
message from the Governor of this
State, read at a sitting of the
maj rity of the members of this House yes
terday afternoon, when it was known that
less than a quorum was present. Anil
while denying that a de jure session is in
being, we cannot close our eyes to the fact
that there exists a de facto session of t'le
Legislature, recognized aud sustained ly
the Executive, and with the physical power
to enforce its will; and further believing
that the ir.nj inty of this 1I use will con
tinue in session, and thus believing, we feel
impelled, while denying the lawfulness ol
the action of'the uuj riiy, to resume our
seats, but iu doing so solemnly protest
against the action of the majority.
Coleman,
Boyd,
Kinnison,
Andhkws,
Wcrzbacu,
Rogehh,
Mr. Denman asked
MlDDLFISROOK,
McGikmn,
Bl At KM N,
Caudis.
thsf the following
ripe! e placed on tne journal, which was
ordered :
In response to the resolution introdacc-.l
by Mr. Cochran from Dallas, I have this
to ay: I am constrained to take my seat
from a sci.se of duty to my constituency and
the S ate at large. Iu doing so I feel that
this body has been perpetuated by means
that are not in accordance with rig ms that
minoritiw have heretofore been accorded,
and that the plain letter of parliamenta y
law is overridden to serve s private corpora
tion detrimental to the ureat Slate of Texas,
but fearing that some other nefarious meas
ure will be brought before this body, I
feel it my duty to remain and, as I ever
have done, to protest against con upturn
and fraud wherever it may appear.
Denman. ,
Messrs. Denman, Quia, Watson, Wuiz
bach, Blackman. Kiuniaon, Kopperl. An
drews, Rust, Mows, McGiuuis, Reis.
Perrenot, Cohunr, Middlebrook, B iyd,
Von Biberstein and Jones ol Gonzi.es then
took their seats.
The mil being called, a quorum was de
clared present.
Re .
Senstor Terrell arose to a question f
privilege, and presented tbe lollowiug p ro
ust: We, tbe undersigned, a minority of the
Senate of Texas, deaire to enter this, oui
solemn protest, aga:nstthe manner in which
a majority of bo h houses of he Legisla
ture has attempted to evade the effect of a
concurrent resolution to adj mrn ou the
thirty first day of July, 170, at 12 M.
As evidence that we euter this protest in
no captious spirit, we now announce to the
maj -rity of'the Senate that if the Legisla
ture shall, this dsv, adjourn tine die, w
will join thi m in supporting a bi I limitii g
the per diem pay wf Senator to f l during
tne extra ses on.
John 8. Ford, -Wilis
Thompson,
W. H. Cbain,
J. H. McLkabt,
A. W. Tebbelx.
L J. Storet,
A. P. McCohmick,
John D. STEenass,
W. M. Bl'BTON,
T. J. Mt ClLLOCH.
Senator Thompson presented tbe follow
ing protest against tbe passage of Ssosle
bill No. 303, "An act for the relief of
railroads," etc. :
. The undersigned desire to respectfully
protest against the announcement made by
the President of lite Senate that Sjnate bill
No. 303, entitled " Ao act for the relief ol
raiiroaos sou otner works ol internal im
provements in Tessa," bad passed. Thst
bill contains an emergency clause and re
ceived but eighteen votes, when under tbe
Conftitutioo such a bill could only become
a law by the votes of two-thirds of all tbe
Senators elect. This difficulty could not
be obviated by dropping from tbe bill the
emergency clause after a final vote and be
fore iu presentation to the Governor for
bis signature. If this bill shall go to the
Governor fur his action containing an emer
gency clause after receiving less than a
two-thirds vote, it is respectfully submitted
by tbe undersigned that his approval could
not rfive it tbe force of law. If it should
be presented without tbe emergency clsuse,
which it conteioed on the final vote by
the Senate, then it must mot be tbe bill upon
which tbe Senate acted, and would have
been changed without authority of law aad
in disregard of legislative rules and prece
dent. If the bill, notwithstanding iu emer
gency clause, aad iu failure to obtaia a
two-thirds vote, shall still be regsrded as
aa act psaard to take effect Bioty dsys
after tbe adjournment of ihis LegUla'ur.
the undersigned cannot still understand
bow it coulJbave the force of law. The
bill provides for an extension of only thir
ty days' time to railroads after".the adjourn- .
ment of this session of the Legislature, so
that upon a majority vote it would have to
go into effort, if at all, sixty days after the
expiration of the period of time upon
which it is intended to operate.
The undersigned desire iu this connec
tion to mil attention to the language ot
section 39. article 3, of Ihe Constitution:
"."ection SU. No law pa-sed by the Legis
la' lire, except the general appropriation
bill, shall take ff -ct or go into force until
uinetv dajs after thi adj lurument of the
srsahin at which it was enacted, unless iu
case of sn emergency, which emergency 1
must lie expressed in a preamble, or in the
body of the act, tho Legislature shall by a
v. te of two thirds of all the numbers .
elected to each house otherwise direct ; aald
vote to be taken by yeas and tiays and en
tered on the journil."
It. in the face of this see ion, an set can
have the force of law, which i to operate
oulv 00 the first thirty days of time after
sill r sat it all rnntunr avbiAli teU.t aa v.
- -j - muii.ii w sis u w;i ' I ill no v 4.
p re sixty days before the act passed by a
majority vote cau go into 1 ff -ct, it ia diffi
cult to understaud ihe value of constitu
tional restrictions.
The bill, from .t phraseology, seemi in
tended to relieve railroad companies from
causes of forfeiture incurred even liefore
tliti adoption of tbe ordinance of the cou
ventiou in relation to railroad.
The undersigned submit that this is for
bidden by the Constitution. The ordinance
by its terms only relieves railroads from the
const queuce of forfeitures incurred sfter its
adoption, and up to the close of this session
of the Legislature, while the Constitution,
in section 55, of article 3, expressly de
clares "that the L-gi-lature shall have no
power to release or extinguish or to suthor
thorize the releasing or extinguishing iu
whole or in part the indebtedness, liability
or Migntion of any incorporation," etc In
the opiuion of the undersigued this clause
ot the Constitution coutain a limitation on
the power of the L-gislaiurv to relieve any
railroad from a failure lo comply before the
adoption of the ordinance with any obliga
tion contained in its charier.
The undersigned rt SM-ctfully submit that
while the Tex ts and Pacific Railroad Com
pany is not mentioned iu the body of the
bill, it is idle to disguise the fact that it
was intended more especially for the relief
ol that coinptny. We will not pause to
trace the history of that company and of
its predecessors for the last twenty years,
but we call attention to the fact that
the act of March, 1875, contained the
promise (among' other-) that the Texas Pa
cific Railroad Compa.y (meaning the Texas
aud Pacific Riilroad C mpauv) shall con
tract and put in ruaning orWr as much as
tweuty miles of road bet ween Brookaton and
Tex'irkana by the first day of November,
11)75. It is a matter of public information
that thehaid company did not coastruct any
road bet ween Brookston and Texarkana by
the first day of November, 1875, and Inaa
inurh as by the original provision contained
in Thu act of May 2, 1873, the company
should "forfeit all donations of land and
reservations of lands upon forfeiture to
construct as rtquired by law," it follows
that the failure of the .said company to
build twenty miles of road between Bnt.k
stou and T xarkana by the first day of No
vem'ier, 1875, was a cause of forfeiture of
all donations ot land and reservation of
lands, unless it can lie shown that the said
company was 1 relieved from the require
ments of the act of M :rcli 13, 1875, li is
pretended that the-said Company was so
relii ved by the ordinal co of ihe Constitu
tional Convention, passed November 23,
1875. The language of the snd ordinance
1 i I 1 ! , , I ' . I
piaiuiy loroias auy sucn conclusion ; mat
language is as follows: "That iu view of
the financial misfortunes no existing rail
road company chartered or holding granU
under this S ate which has heretofore or
gan iz-.-d and commenced work in good
faith shall be considered as having lost
auy of its rights, privileges, or gran's
prior to the next session of the L -gislature
of this State by virtue of lapse of lime (V
t tree 11 tioir and that time "
It is not possible to give the ordinance of
the convention any retroactive tilict. It
cannot be interpreted to operate backwards,
because the language !s too plain lo admit -'
of any such interpretation.
It will be contended that it is harsh treat
ment to refuse-'relief to thi company. In
this view we cannot concur. While it is
not our province or du'y to inquire into or
state how it happened that while Texas was
exhausted by a civil war which drained
her resources aud impoverished her people,
a donation of six millions of money was
promised to non-resident capita lists own ng
1 ail way. Still we do say that the Legis
lature iu 1873 was under a species of coer
cion to make the-large land grant and tbe
immense reservation in favor of this com
pany to escape from tho intolerable hurdwn
of that six million subsidy debt. Wecsn
all r member the astonishment with which
the lax-paying people, many of whom were
then disfranchised 1 J 'aviaa
ihat auosidy debt and the universal dissat
isfaction it produced. It. is a matter of
1 l-tory that tho act of 1873 which secured
the company thst immense reservation, was
intended to preserve the State from the im
putation of violated faith. That reason no.
longer exists, and the undersigned is una
ble 10 see why Texas should not now re
sume control of her own domain.
The people of this Stale know that the
company is applying to the Congress ol the
L imed mate, for the pasaage of sn act to
aid it, by a guarantee of the interest on its
bonds by the government. Wlmt is this
but an admission by the company of iU in-
abili y to constrict iU railway without such
aid Irom tbe Uldted Stalest Is it right,
under such circumstances, for this State to
permit a corporation to tie up from settle
ment so vast a public domain after repeated
extensions granted on asaurauces of aa
ability to perform in the future I
I here are urgent reasons why Text
should not permit herself to be longer
ir.fl -d with by this giaut monopoly.
The claims of the school fund upon the
public domain, as already defined by law,
eutitling it tt four millioos of acres more
Ihsn the un lot a ted half remaiuing, to com
pensate for that quantity teraoted tbe In
ternational Railroad Company, tbe nccessi-
1 1 . ntiliv.. lli. mill!... ....... ..i.l.
by tbe Constitution for tbe ertiion of pub
lic buildings snd other purpose, and the
mportauce of securing to actual settlers
our land, are considerations that appeal to
this Legislature to resume the control of
the Urge body of territory heretofore re
served, in the hope of securing the con
struction of a Pacific railway. The four,
millions, over and above the half of the
public domain which tbe State owes tha
school fund the three millions dedicated
by the Constitution to build a new H ate
i.animi arwi inn fiiu mi inn aiji jimiiic-
ted fi r the State University in all eight
ini'lion of acre must he found out of a
little over 33,000.000 of ecie which is all
he S'-ate now owns, after setting aside al
ternate sections for schel purposes. Does
not every consideration of our own Interest
and that of our posterity deuuud, that
these special claims should be first satisfl-41
b fore longer pursuing our course of profli
ga e and profitless generosity to msmmotb
corpora' ious t
Texss has promised condition.!!? by
charter granU to railroads 128.0ti9,?40
acres of tbe public domain. Thia quantity
is alx-ut four times tha amount of ber die'
ptsabe public domain:
In tbe opinion of the undersigned the
Legislature cannot be jat fled in pssnlng
any act that will leave the Texas and Paci
fic Railway Company in a condition to
claim a reset vstioa of tbe public domsin
nntil the next session of the Legislsture,
and also to demand and receive twenty sec-,
tions of Isnd pir mile tor rosd constructed
since the first dsy of November, 1875. The
present Constitution does not permit tbe
Legislature to grant more than sixteen sec
tions of land per mile to any railroad com
pany, and forbids any reservation of lauds
for the benefit of tbe company.
It will be said that the act now in qnes
tina doe not relieve tbe company from any
forfeiture; but this is not enough if a for
feiture bss been incurred sod the Company
is Uft in a condition to receive and enjoy
what tbe Legislature bss not tbe power to
grant,
Tbe ordinance penniu this Legislature to
grant only such relief as msy be consistent
r th Ulerui of ike StaU. And io tbe
o pinie a of the undersigned it is nH consis
tent with tbe interest of Texas to pass the
bill referred to.
But aside from the policy of passing such
a law, we mpestfully eoter oar most sol