The weekly democratic statesman. [volume], February 08, 1883, Page 2, Image 2

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

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THE STATESMAN.
AUSTIN". .... TEXAS.
The SanG Francisco papers
an
charging fraud against the city gov
eminent.
Wno are getting aa thick as leaven
In Valambrosa? Ixwk at the lobbies
and view therm .
Tub senate labored yesterday on
the fee bill, which is in the nature of
special relief for County Attorney E
T.Moore. The senate will paw the
bill
They are getting thick u leaves In
Valambrosa, and the public eye la bent
upon those wUe legislators to see who
may falter in honeot oonvlctiona,
shared by the people.
Gov. Irexanp's determination to
do all in bis power to provide for the
insane is most commendable. To not
provide for them, however, to in its
nature a great public crime.
It is in order now for the state
treasurers of all the statea to ask for
investigation. Treasurer Lubbock
wants the atato to be informed that
Texas has not boon Polked.
Ajtkk investigation, a special vote
of thank ought to be extended to
Treasurer Lubbuck that the state
treasury is intact. - None doubt that
it is, but the very clever treasurer
ought to be gratitied.
For-K Leo XI J I has made his will
and consigned it to the deacon of the
College of Apostolic Pro-Notaries. It
is said that the testament gives
great part of his property for the fur
therance of education.
Conqrehs again talks of the postal
telegraph. Since Mr. Gould, the prin
cipal owner of the Western Union,
pays no attention, it may be reasona
ble to guess that congress is not very
much in earnest nlvont it.
The fterman government is en
gaged in attempting to prevent young
men Btudying for the learnod profes
sions. Thene areulready overcrowded.
not, however, with learning, if they
be there as they are in this glorious
land of liberty.
Eisuor Kai.v, of the t'utholic dio
cese of Wheeling, has issued a con
demnatory Utter against a German
Catholic society known as the Knights
of St. John, and threatens excom
munication unless they withdraw
from the organization beforo March 1.
As tiib governor stated in his gen
eral message, a law providing for
q&arate tax for schools cannot
he operated before the end of
three years. Consequently the legis
lature will have to provide under the
law now in force for 1884 and 1885.
The Statesman, in admitting into
its columns ' a personal explanation
from the two colored members of the
legislature, does so with the hope that
between the persons Involved there
will bo no calling for gore, IMatols
and coffee would not be au fait in this
.instance.
Tun law of reparian rights is plain
and long established. Tho gover
nors recommendation as to wa
ter courses can hardly be
made to harmonize with
it; but common law reparian rights
have their origin in countries dissiml-
. Lit to Texas.
Natoleon said there are two
levers for moving men interest and
fear. What is said of man may rea
sonably be applicable to legislators
It might be the interest of some to
follow the lobby, but fear of the peo
ple often protects them from being
lod into the shambles where so many
public meu are caught to die.
DELEOATE-KLECT SlNGUKK, of
Idaho, says Mormonism is making
inroads in his territory and in the
present legislature there are ten fol
lowers of Joseph Smithy Mr. Singlser
maintain;) that radical measures are
necessary, as proselyting is carried on
openly, and converts are taught to
disrespect the laws of the countrv and
offer insult to the American flag.
A woman who has been in the
Georgia penitentiary for eighteen
years on a life sentence Is to be re
leased by Gov. Aleck Stephens. He
would pardon her if he knew what to
pardon, but the fact is .that nobody
knows what she is in there for. There
is no record of her misdeeds on the
prison register, and the woman her
self does not know why she is impris
oned. Second Assistant Postmaster
General Hatton, in nis attempt to
use the rtostofBoe department as a
subscription agency for his Washing
ton newspaper, appears to have bor
rowed an idea from Germany, where
the postoffico has almost a monopoly
of the newspaper trade and every
postmaster in the empire is ready to
receive subscriptions for domestic and
foreign journals.
A petition has been presented to
the Kansas legislature, praying for
the passage of a law to restrict immi
gration, the petitioners averring that
"at the present rate of immigration
all our lands will be taken up to the
extent that our children's children
will not Ih able to obtain a farm in
Kansas." We have heretofore been
telling of the spread of lunacy, and
Kansaa appears to lie in just such a
line of progression.
A resolution has been introduced
in the Kansas legislature directing an
investigation us to the control and
management of the stock yards at
Kansas City, Kansas, rehearsing vari
ous alleged abuses. Several members
assert that the stockyards are in
Missouri, and that therefore Kansas
had no jurisdiction of the matter, all
of which goes to show that the Kan
sas legislature, like other bodies of
its kinds, Is not lacking in the par
ticular of insufferable incompetents.
The counsel for the star routers
hasten to explain that Brady's sale of
his palatial house in Washington was
not because of his desire to get his
property into portable shape, in view
of his probable conviction, but to
raise money to pay the expenses of
his trial. They neglect to explain,
however, just how Brady was able to
buy a t l'-r,XX) house on on a salary of
S3.7X) per annnm as assistant post
master general. He stated at one
tune that he made his money in the
telephone . business, but this was
proved to N fal- as an investigation
showed that he had never owned any
telephone stock.
THE B01D PROBLEM.
In Governor Ireland's general mes
sage, attention is called to our high.
ways. Public roads, as an element of
civilization, he does not assert, exer
cise a powerful influence on the pro
gress and well being of civilization, no
single feature in organized society be
ing a greater reflex of popular progress
than the condition of the highways.
There is scarcely anything which can
dj so much to make existence intolera
ble in a well populated country as unim
proved roads. In all inhabited coun
tries which have a conjunction of
gyvl soil and sufficient rainfall, the
necessity exists for artificial roadways.
It is a fair inference, therefore, that
the better the country the worse the
roads; and as population grows the
evil grows, till it is relieved by the
enterprise and forecast of the people.
Hence it is few states have greater
n"ed of improved roads than Texas.
The Kenublican. in discii,'."'T this
Hiime questional appli. b :l ouri
and Illinois, say:
The vast production of these static
and the multiplying population in-
crMiite the urgency for action on this
subject, J ne people, are ai me mresn
old of the question. Nothing com
prehensive and going to tho essence
or the matter nas iy-n uone in euncr
stat. Legislatures, therefore, Hre not
embarrassed by former imperfect sys
tems, but are free to einuarit on
the wisest ulan which exi rience and
science have discovered either in this
or older lands. So far as Missouri is
concerned, it has not been practicable
until now to attempt anything syste
matic on the subject of permanent
roads at public or municipal expense
But. now. plainly, it is time that this
subject were discussed with a view to
the inauguration of a wise and com
prehensive system, which hhall give
all the fertile counties oi Missouri
within the next few years, good roads.
To this end it has been suggested l
Illinois that the state shall have
careful and minute topographical sur
vey inario at public expense,
Another teature ot roan build
ins in that state is the
olaii of tile-dnuninu of all road-beds
a work which it is declared goes far
toward making dirt roads passable
within a verv short time alter a rain
The object desired involves the out
lay of a great amount of money and
the aid of capacity and cxpeneuce.
The full fruition of any proper system
is many years in the future. The
outlay required ought to be spread
over many years and its burdens
equitably distributed on those who
are to receive the benefits. The ques
tion as to who shall pay for roads and
how they shall pay, is one of the most
ilithcult to be settle', i ex it must De
settled, and roads must be built and
maintained. The subject is entirely
worthy thelest ability in the state.
No Btate has deeper interest in this
subject than Texas, and yet our roads
are wretched in the extreme. Bad
roads in any state are destructive to
animal life, and too often they destroy
man's hope of a blessed residence in
that city whose streets are paved with
gold. Therefore the eighteenth legis
lature might immortalize itself by
inaugurating Bome plan for making
good roads. Why, down in Senator
Stratton's district, where the deep
water craze does not pervate the pop
pular mind, the road subject is all im
portant; and so it is in even the
hilly, black and red land
districts. The public man who will
give us a system that will insure pass
able roads in Texas during wet sea
sons will, beyond much of a donbt,
succeed Mr. Maxey in the United
States Benate. Probably the governor
may prow nt tho plan.
The protectionists in congress must
take the people to be arrant fools. In
support of the proposition that the
tax on cotton ties be increased, one
Mclvinley stated that the cotton
growers pay four cents per pound for
cotton ties, and then sell them as cot
ton at eleven cents. The price
of cotton, it is known, is fixed
in the English market, and
in fixing the price a tare of twenty
two pounds to the bale is deducted,
this being the average weight of bag
ging and ties. The price of cotton in
this country is not fixed rigidly by the
price In Liverpool. The cotton spin
ner, when he buys cotton, whether he
buy it directly from the grower, or
from the country merchant, or from
the brokers in cities, takes as the
basis of his calculation the amount of
yards of cloth which a given quantity
of cotton will produce. In determining
what price he can afford to pay, he
nee warily considers the fact that
every bale of eotton is wrapped in
bagging, aLd has upon it iron ties
which weigh, with the bagging, over
twenty pounds. Any cotton spinner
failing to do this would inevitably
place himself at a disadvantage. In
every business, in fixing the price to
be paid for an article, allowance is
made for the potential loss by reason
of the weight of the cases, barrels or
wrappings in which the article
purchased is contained. There is
said to be an expectation that
a tariff bill of some sort will pass
at the present session. The protec
tionists approach the ' subject in a
blustering and boisterous vein which
bodes ill for reasonable and judicious
debate. The largest calibre of their
argument is apparent in the declara
tion of Mr. McKinley, that comes
with bad grace from the cotton plant
ers, to claim that American manufac
turers are robbers because they want
cotton ties to pay the same duty as
hoop-iron. In the first instance, the
robbery is in the enormous duty im
posed on hoop-iron. The wrong is
doubled when it is sought to put cot
ton ties on the same footing. The in
equality which vexes the soul of Mr.
McKinley can be removed neatly and
quickly by red Ming the duty on hoop
iron to the level of the present duty
on cotton ties.
Pi-Treasurer -M. T. Folk has
published a card in the Nashville
American denying that Vanleer Polk
knew anything of his affairs when he
accompanied him to San Antonla. He
says the young man was going to
Mexico to attend to private business,
and he (the ex-treasurer) asked him to
wait and they would go together. He
says young Polk never took any
money belonging to him or to the
stat of Tennessee into Mexico, but
loaned him money on the road hen
his had given out.
TnE United States senate has passed
a resolution appropriating $ 100,000
to continue the work of compiling
the returns of the census. Gen.
Walker, who has charge of tho work,
estimates that it will tat ?2X),000
to complete it. The estimate con
templates the reduction of the vol
ume of reports upon special topics
from 11,000 to 8000 pages. If the
amount asked for to appropriated.
Gen. Walker says he will complete
the work during the current year.
Why not make the necessary appro
priation and W doue with it?
Continued from First Page.
neys 10 per cent on the first S1000 and
5 per cent on all amounts over 81000.
Mr. Buchanan moved the previous j
question on the amendment, and en- i
grossment of the bill. Ordered. Amend-:
ment adopted and the bill engrossed.
On motion of Mr. Davis, the vote j
by wldrfi the bill was engrossed was .
reconsidered
Mr. Peacock moved to amend the
bill as amended by inserting "collected
by him in any one case." Adopted.
Mr. Collin moved a reconsideration
of the vote by which Mr. Traylor's
substitute was adopted.
Mr. Davis moved a coll of the sen
ate. Carried; and all senators not ex
cused were announced present.
The vote to reconsider prevailed.
Mr. Terrell: An amendment
to Mr. Traylor's incorporat
ed amendment by striking
the words '"since the adoption of the
revised statutes," and inserting, "pro
vided that 10 per cent shall be allowed
on all such sums heretofore collected
sinee the adoption of the revised stat
utes." Also, adding alter the words
"moneys collected," "hereafter."'
Adopted, under operation of pre
vious question.
' Mr. Chesley: Amendment, striking
out "or corporations."
Adopted; and bill engrossed by a
vote of 16 yeas to V nays, after a
lengthy debate.
On motion' of Mr. Matlock, Mr.
Gooch was added to the committee on
public lands.
On motion of Mr. Patton, the ser-gcMiit-at-arms,
Capt. Kyle, was further
excused from attendance upon the
senate, owing to illness iu his family.
On motion of Mr. Pfeutl'er, house
bill appropriating 8-jOhO for repairing
the governor's mansion "ubstituted
tor senate bill and passed.
51 ESS AGES FROM TIIE HOUSE
announced the passage of houhe bill
No. amending the ro;ul law; house
bill No. 22, requiring the commission
ers courts of the several counties in
the state to provide for the payment
of claims ot teachers of public tree
schools, admitted as valid claims;
and announcing that the house had
refused to concur m senate amend
ment reducing the number of the
committee to isit the state sr-hools to
twu members from the house and one
from the senate.
A message was received from the
governer laying before the senate a
communication from State Treasurer
Lubbuck, requesting the appointment
of a committee to investigate the
book of hisollioe and count the money
in t no treasurer's vault. Referred.
Oa motion of Mr. Gooch, the senate
refused to concur in the non-concurrence
of the house to senate amend
ment to house joint resolution re
gai ding thu number from each house
to be appointed on the committee to
visit state schools, and requested a
committee of conference ou the reso
lution. On motion of Mr. Matlock, the sen
ate adjourned to Friday.
HOUSE.
House met at 10 a. in., Speaker Gib
son and a quorum present.
Prayer by the chaplain.
Reading of the journal was dis
pensed with.
The pending business before the
house being tho railroad biii No. lot,
Mr. Cotton moved to reconsider the
vote by which the, bill was on the
previous day ordered to be engrossed,
and to lay that motion on the table.
Mr. Foster, of Limestone, moved to
lay that motion on the table.
Mr. Upton As there were thirteen
members reported absent and not
voting on the bill, I move for a call of
the house.
The roll being called, Messrs. Caven,
Douglas and Taylor were found to be
absent, and the sergeant-at-arms was
instructed to send for them.
Mr. Cotton said his object in mak
ing the motion
Speaker The gentleman is not in
order at this time.
petitions.
Petitions were presented and refer
red: By Mr. Frymier: Petition of super
intendent of the deaf and dumb asy
lum for balance of salary.
Mr. Peers: Petition of citizens of
Robertson county on prohibition. Re
ferred. Mr. Finch: Petition from citizens
of Collin for amendment to the con
stitution, that county commissioners
may creato a greater number of pre
cincts. BILLS AND RESOLUTIONS.
By Mr. Browning: To authorize
counties to fund their indebtedness
Referred.
Mr. Henderson: To require hotels
and boarding house keepers to furnish
a list or companies in winch their fur
niture is insured.
Mr. Robertson: To amend article
72 revised statutes, so as to allow two
physicians and a druggist to the luna
tic asylum. Referred.
Mr. Foster, of Gravson: To estab
lish a public state library. Referred.
air. j?ranK: lo amend the act
granting certiiicates for 128 acres of
land to disabled soldiers. Referred
Mr. Thompson, of Austin: To
amend section 23, article 16, of the
constitution, relative to cattle inspec
lion, iteierreu.
Mr. Pendleton: To amend article
112, title 4. chapter 5. of the act to
adopt and establish code of criminal
procedure. Referred.
ilr. Townsenu: To amend article
252, penal code, relative to sale of lot
tery tickets. Referred.
Mr. Lthcrkhre: Joint resolution
amending article 1, section 19 of the
constitution, relative to disfranchise
ment, so as to read: No citizen of
this state shall ever be deprived of the
rights, privileges and immunities of a
citizen on account of debt or poverty.
or in any manner disfranchised, ex
cept for crime, nor in any case shall
ne do deprived of any privilege of cit
izenship by any property or educa
tional qualification whatever. Re
ferred.
Mr. Ayers: To amend section 2,
article 10 of constitution, relative to
railroads as common carriers. Re
ferred. It provides that the legislature shall
fix or create a commission with power
to fix reasonable maximum freisrht
and passenger rates under adequate
penalties.
Mr. Moore, of Washington: To
amend article 684. chapter S, penal
code. Referred.
Mr. Abbott: To restore original
iurisiliction to Tom Green county.
Jef erred.
Mr. : To amend article
3602 of the law relative to hiring
county convicts. Referred.
Mc. Jrrymier: lo amend articles
1793 and 1800, revised statutes, adopted
February 27, 1877, aud add article
providing for a special prolate record
book. Referred.
Mr. Hurst: To take up and sell
stray animals known as fence break
ers. " Referred.
Mr. Parsons: To amend article 306
of tho code of - criminal procedure.
Referred.
Mr. Moore, of McLellan: To amend
title 39. revised statutes, by adding
article 2276a. Referred.
Mr. Hurst: To allow persons to
attest homcste:ids without cloud of
title. I'eterred.
Mr. Wurzbach: Resolution, that.
as a number or joint resolutions had
been offered proposing. amendments
to the constitution, tho committee on
constitutional amendments be re
quested to report a joint resolution, if
they deem proper, calling for a consti
tutional convention. Referred.
Mr. Peers: For relief of F. .1. Sink.
of Clay county. Referred.
Mr. Nash: To amend article 3756 of
the criminal code, permitting elemen
tary principles of agriculture to be
taught in the public free schools. Re
ferred.
Mr. Acker: To ascertain amount of
claim of John il. Coleman. Referred.
committee reports.
committee No. 2, reported:
Unfavorably on house bill No. 14a.
to amend article 812, code of criminal
procedure; house bill No. 90, to amend
title 1. revised statutes, by adding ar
ticles 3 and 4, regarding adoption of
minors; and
. .-Favorably on house bill No. 132, to
amend articles 1312 and 2102. c. 1 and
3, revised statutes, adopted February
24, 1879.
Mr. Armstead, chairman of commit- ,
tee on constitutional amendment-?, re-. I
ported:
Unfavorably, house joint resolution
to amend section 18. article 1, of the
constitution, relating to imprison
ment for debt.
My substitute lor noue joint reso
lution No. 6, to amend article 8. sec
tion 9; house joint resolution No. 8,
amending section 9, article 8; and
house joint resolution No 27, to
amend section 9, article 8. of the con
stitution, and that 150 copies be
printed.
Mr. Upton, chairman ot the finance
committee, reported:
Unfavorably, house bill No. 212. to
authorize the eomptrollei to audit and
and pay claims due superintendents
and directors of public fo-r- schools
for services rendered prior to Septem
ber 1, 179; and
Favorably, house bill 2.S6.to provide
a clerk for the secretary of the bo;u-i
of education, etc.
Mr. McKinney, chairman of coui
mitb e on educational affairs, reported
in follows:
On house bill 272. to provide for the
payment to the university fund of the
bonds, amounting to 14,472.20, exe
cuted by the state of January 1, l-StV?,
in favor of said umvcrMty fund,
under an act of the eleventh legisl
ture, approved November 12, lStlti, en
titled "an act for the purpose of curry
ing into effect an ordinance of the
stale convention, securing tho com
mon school and university fend, ami
for other purposes, and the interest
on said bonds." Tut committee report
by ?ub.titute, an l that 15-) copies be
printed.
The bubstiiute is entitled: A bill
to provide for the payment of certain
dobta of the sUte out of that half of
the proceeds of the sale of public
lands not belonging to the common
school fund. It is the same bill intro
duced iu the senate by Mr. Davis, de
cl ning that one-half of the proceeds
of the sale ot public lands is declared
to constitute a part of the common
school lund aud not subject to appro
priations named in the bill.
Mr. Foster, of Limestone, chairm-n
of committee ou public printing, re
ported: Unfavorably ou house bill 273, to
provide for the publication of the
law.-, in one newspaper in each .ms
giessioaal district;
Favorably on house hiii 310, to ap
propriate $;k)U0 for deficiency for pub
lic, printing for year February 28,
is-12, to February zs, imj; ana
Favorably on senate bill 3S, amend
ing art. lOOo, revised statutes, relative
to printing the general laws.
The reports of the several commit
tees were received.
A message from the senate an
nounced that the senate had passed
thi house resolution for sub-committee
of committee on education to visit
tha state schools, with amendment;
and senate bill oa the same subject.
The question recurring on the mo
tion of Mr. Foster, of Limestone, to
table the motion of Mr. Cotton made
in the morning relative to railroad
bill No. 156, the speaker stated that
those ia favor of reconsideration
would vote ayt) and those opposed no.
The vote resulting ayes 52, now 44,
the speaker announced that the
motion to recousider is laid
on the table. There was slight
applause on the part of a few mem
bers at the announcement.
Bills were introduced by leave as
follows:
By Mr. Townsend: To amend act
373, c. 3, t. 20Ii. S. by adding section 9.
Rderred.
Mr. Parsons: To amend a -t 375-8 R.S.
Referred,
Mr. Scott: To amend act 669, c. 2,
penal code, to punish railroad em
ployes for burning stock land Re
ferred. Mr. Foster of Grayson: To amend
the law governing assignments by
creditors. Referred.
Ml. Freymeir's resolution for special
adjournment each day after the morn
ing business till 3 p. in., to consider
bids reported adversely, was, on mo
tion of Mr. Upton, laid on the table.
Mr. Swan called up the substitute
house bill 26, providing maximum tax
shall not exceed fifty cents and the
tax for roads and bridges shall not ex
ceed twenty-five cents, and spoke in
favor of reconsideration, his object
being to get the bill again before the
hoiibe so he could oiler amendment
that the tax should not exceed ten
cents for road and bridge purposes.
The minority reported that they
thought tho bill unconstitutional and
if not that twenty-five cents was too
much tax.
Mr. Swan, addressing himself to the
constitutional objections raised, cited
section 2 of articlo 11 of the constitu
tion, which says that bridges, among
other things, shall be provided for by
general laws. Any architectural
structure, he said, was a building.
Tho man who makes a bridge was a
builder and the bridge a building. He
cited the dictionary for authority.
The word fabric was used to define
building. The framers of the consti
tution certainly had reference to the
meaning of the 'word as it is in the
dictionary. So we must conclude that
a bridge is a building. If it is not. he
woukl liko to know what it is. It is
certi.inlv a public building, as it is
used by the public; and a3 the consti
tution says provision shall be made
for bridges, a tax for tha purpose can
not be unconstitutional
Mr. Davis, of Camp, moved to table
the motion. Carried ayes 32, noes 32.
The question recurring on the
adoption of the minority report, it
was adopted.
special ohdeks.
House bill 26, to amend article 4411,
revised statute, so that no person
e.tcept those specially exempted shall
work on the public roads over live
davs in each year, was finally passed.
House bill 22, to authorize the coun
ty commissioners court to provide for
vniii nanus vi learners lor services
rendered between 1873 and 1876, was
taken up as next in order, and was
p:issed without amendment.
Jir. inompson, chairman ot com
mittee on engrossed bills, reported en
grossment of house bill No. 156, the
railroad bill introduced by Mr. Cheno-
wetn.
Senate bill No. 17, repealing the act
allowing 1280 acres of land to disabled
soldiers, without, however, invalidat
ing certificates already issued, was fi
nally passed.
Pending consideration senate bill
38, relating to jurisdiction of several
counties, house adjourned.
Twentieth Day's Proceedings.
SENATE.
ArsTis, Feb. 2. 1883.
The senate met at 10 a. in., the lieu
tenant governor presiding and a quo
rum present.
Prayer was offered by Rev. Dr. Lea.
On motion of Mr. Harris, reading
the journal was dispensed with.
REPORTS OF STANDING COMMITTEES
Roads and Bridges. Mr. Perry.
chairman, reported adversely upon
senate bill ivo. 3, requiring certain
surveys for public road purposes and
enclosing of the same. The commit
tee regard the. proposed plan imprac
ticable. "
Finance. Mr. Pfeuffer, chairman.
reported favorably the following
bills:
Senate bill No. 129, addiug another
article to the present law relating to
extortionate fees.
Senate bill No. 130. defining the
duties and liabilities of sheriffs and
tax collictors in cases where they may
be re-elected to oflico, and providing
for the removal of such officers in
certain- cases.
Senate bill No. 132, relating to pur
suing taxable occupations without
license.
Judiciary No. 1. Mr. Terrell chair
man reported with request that one
hundred copies be prinded
Senate bill No. 161, relating to the
withdrawal of title papers and copies
from the general land office for record i
and other purposes.
Unfavorably, senate bill No. 118, re
quiring persons to re-record certain
deeds within certain time.
Untavorably, senate bill No. lfi'i re
m
certain cases.
Unfavorably on senate bill No. 43,
relating to the manner of transmit
ting depositions.
Unfavorably on senate bill No. 202,
the object or which h tochang-1 tV
law concerning iudgviint to te
entered in cases of "trial of rijrht of
property.
Favorably, with siigh' arm-ndim-nt.
s mate biii No. 76, amendatorv of arti
cles 1797, 4811 and 4s;6,rel.t'i ,g to
trespass to try title.
R'-comijii nd'd reference of senate
i !l! No. 121 to (miiiittee on military
ail iir. ni.tting to the protection of
t. ie trup.tier.
Recommended the printing of I'Xl
c-ipies of senate bill No. 141, requiring
owners and l-.--.ees of certain buildings
to piovule w: ys and means of escape
t.o'u sucii biuiilinsrs m cas. ot lire
Recommends! that senate bill No.
2" lie on the table, other bills covering
the object of the bill having bi-en re-
pirfd favorably.
R.-commended that senate bill No.
l i. amendatory of article 9oS. penal
i.vl be referred to judiciary commit-
b No. 2.
Favorably, upon senate bill No. 1S4,
authorizing the exchange of real es
tate by guardian under direction of
court."
Substitute for senate bill No. 149 to
facilitate the collection of tixos.
Mr. Chesley, for same eommittep.
reported favorably senate bill No. 213.
im-ieasing compensation of district
clerks for cervices done in fejmy
C"t.--es.
state AlTairs. Mr. Patton. clair
ncin, reported favorably house eon-mr-
reiit resolution requesting metaoor
of ronsrCffS to vot a.-tint a tux on
(i iinine.
Favorably, seriate joint resolution
r-questing our congressmen to
lo secure a division or the work on the
Texas coast into two or more districts
a:io additional engineers, with cotii-
n ittoe amendment striking out the
cliuse placing them under the orders
ot Mr. Mani-iit Id.
j avorablv, withamendmrnt. senate
b. il No. 194, relating to the fee.s of the
department oi state tor granting
eii 'I rters.
Private Laud Claims Mr. R:m-
lolnb. chairman, reports! favorably
ii'K-a the claim of the heirs or' Anson
Jones for thirteen labcres of land.
BILLS AND RESOLUTIONS.
f; Ciieslev: A bill fixing tho fees
i oi: triet clerks in felony cases.
Mr. Patton: A bill defining "the
cases in which depositions or wit
nesses mav be taken.
Mr. Stratton: A bill fixing the
eruip.us;ttion for county attorneys in
criminal cases.
Oa motion of Mr. Martin, Mr. Far
rar was excused because of sickness
until Monday, and Mr. Harris for the
same length of time on account of
bu.-ir.e: .
On motion of Mr. Chesley, house
oi a -No. jo i, Having tor its purpose
the withdrawal of the school, univer
sity and asylum lauds from market,
was taken up and ruled out of order.
Mr. Matlock offered an amendment
limiting the suspension of sale of the
lands ninety days after adjournment
ot tne legislature. Adopted.
Mr. Fleming: Amendment strik
ing out section 2 of the bill, in ref
erence to repealing all laws in conflict
with the provisions of the bill.
Adopted
Jbll parsed.
On motion of Mr. Stra.tton, senate
mils .Nos. lal and la2, hxmg penalties
for the violation of governmental
laws, were taken up-and passed under
a suspension oi tne rule.
Senato bill, restoring the civil and
criminal jurisdiction of the countv
courts of Parker, Uvalde and Red
River counties. w;;s taken up, but
consideration of the same postponed
in order to take up senate bill No. 177.
reducing into one the Homan corpo
ration and institute. The adverse
committee report on senate bill No.
111. on the same subject, was adopted
and L'lil .o. ii pissed to engross
ment.
Senate bill No. 66, confirming pat
ents and surveys by virtue of head
right ami bounty warrants issued un
der special law enacted after March,
ist'j. aim prior to April, is0.
Mr. Cibbs: Amendment, providing
that toe l'lil s.'mu not apply to any
land located under such certificate,
unless the same had been heretofore
sett 1-'d aud improved by innocent pur
chasers. Lost 12 yeas. 13 navs.
Mr. Terrell: Amendment, providing
tunc it sucn hi:a-.ir:irr:t or bounty cer
tificates have 1 o. n forfeited under ex-
istlug laws, by location and survey
on appropriated i.md:. the acts shall
not un considt :"d to relieve the same.
Adopted.
Mr. Gibbs: iii'-udinent providing
that it any sucn certificates have been
located on lands at tho time of loca
tion, were located by virtue of any
certificate valid or invalid, that the
act shall not apply. Lost, and bill en
grossed.
Messages from the house announced
concurrence in senate resolution ask
ing appointment of conference com
mittee on joint resolution creating
committees to visit state schools, and
the appointment of Messrs. McKin
ney, Cochran and Graves on part of
the house.
Also, passage, with amendment, of
senate bill No. 38, diminishing the ju
risdiction or county courts ot certain
counties and conforming the jurisdic
tion ot the district courts to such
changes.
Also, that senate amendment to
house bill No. 9 had been concurred
in.
Also, concurrence in senate amend
ment to bill withdrawing the public
school lands from sale.
The chair gave notice of signing
house concurrent resolution making
an appropriation to repair the govern
or's mansion, and of the reference of
house bills No. 22 and 120.
House bill No. 14, in relation to ver
ified answers in civil cases, passed on
their reading in order.
House bill? No. 13, conveying public
lands heretofore surveyed liy railroads
or corporations for the" benefit of free
sciiools, came up in turn, and was
passed,
House bill No. 24, regulating the
fees of district and county attorneys
passed third muling.
Senate bill No. 2, limiting the time
within which suits may le brought
or defenses made, in actions to try
title real property, on third reading
was postponed to Tuesday.
Senate bill No. 5, and "amendments
thereto, amendatory of the Sunday
law, w;is called up.
Mr. Davis: an amendment striking
out the provision in the bill exempt
ing from its operation the sale of nec
essaries and refreshments to travel
lers. Adopted.
On motion of Mr. Gooch, the pre
vious question was ordered, and the
bill was defeated by a vote of 11 yeas
to 13 nays.
Mr. Pi' ueffer gave notice of a motion
to reconsider the vote bv which the
bill was lost.
Orr notion of Mr. Matlock, the sen
ate adjourned till Saturday.
IIOUSE OF REPRESENTATIVES.
House met at 10 a. m.; Speaker
Uibson and a quorum present.
Prayer by Chaplain Rev. Dr. Poin
dexter.
Reading of the journal was dis
pensed with.
For various reasons. Messrs. Moore,
of Eastland. Coffman, Fisher and
Nash were excused attendance for
limited periods.
A message from the senate, an
nounced that the senate had passed
house bill No. 7, amending section 11
of the act to protect the wool-growing
interests of the state, with amend
ments.
Also, the joint resolution allowing
84500 for repairs and furnishing the
governor s mansion; and that the sen
ate refused to concur in house amend
ments for a sub-committee to visit
the state school, asked for committee
of conference, and that Messrs. Gooch,
i leming and Jones had been ap
pointed as said committee on the part
of the senate. .
The message was received and
Speaker Gibson subsequently ap
pointed on tne committee on the part
of the house, Messrs. McKinney, Coch
ran and Elliott.
Mr. Elliott was added to the com
lating to the proof of allegations
mittee on education by request of the
chairman, Mr. McKinney.
Mr. Swan, by leave, offered a reso
lution that the chairman of commit-1
too on contingent expenses be in
structed, on account of the continued
sickness and absence of tho sergeant-at-arms.
to furnish noting assistant
oilicer with funds, so tho members
could be supplied with postage
stMinps and wrappers.
Mr. Frymier explained that aschair
man of the committee he had drawn
$75) to the order of Capt. Uoggess.
who was very sick. Of this amount
theiHwasa alauce in that officer's
hands of S354 not expended Until it
was he could not warrant further
without special order of the house.
'I he resolution wxs adopted
Mr. Tho. up ,::. i f P. xar, as a mat
ter of pri ilege. oiieri.ii the following:
Whereas, The special correspond
ence of the San Antonio Express,
dated Austin, January 31. published
in its issue of February 1. 18S3, re
uWts in a rude, insulting and unwar
rantable manner upon the members
of this house from Washington and
Waller counties;
De it Resolved, That we desire to
spread upon the journals of this
house our unqualified disapproval of
this unnecessary and untruthful abuse
of those members of this body, and
wo seriously regret that so respectable
a journal as the San Antonio Express
has not a more truthful and decent
correspondent at the capital during
our session.
Mr. Thompson, of Bexar, speaking
on the resolution, 6;ud: Mr. Speaker
This resolution is couched in rather
strong language, but I believe I utter
the sentiments of this entire body. A
great injustice has boon done to two
of our members anil it is the duty of
this house to express their condemna
tion of this article. The members re
ferred to are honorable men; have
discharged their untire duty to their
constituents and to the state at large.
As a representative of liexar coun
ty, I repudiate the rude aud unwar
rantable manner the names of these
members have been used by this cor
respondent. I am satisfied that the
editors of the Express have no preju
dices against the colored people of our
state, for it is the first time 1 ever
sa w in that paper a tling of this char
acter. We woidd say to this corre
spondent, and men of his ilk, that the
people of Texas have no prejudices
against the colored man. They have
long since shook hands "across
the bloody chasm, and to-day
the sovereign people of Texas
on endeavoring to educate this diss
of our people to tho highest pit"h of
inte llectual culture, and I am satiiied
that the editors of tho Express do not
endorse the article referred to, for I
have been a constant reader of the
Express for eight years and it is the
lirst time 1 ever saw an unjust fling
at this class of our people. On the
contrary, the Express has been a firm
frieud to this class of our people, ever
ready to give words of advise and
good cheer when necessary.
I nope ttio resolutions win pass.
Tne communication to the Express
was read.
Mr. Scott said this was not gotten
up by the regular correspondent oi
the Express.
Mr. Ethridge, referring to the Jew
ish principles of right and justice, and
the expression that God is no respecter
of persons, said it was character and
not mere flesh and bone that should
be respected. If tho colored people do
their duty it was not right to denounci
their characters. He hoped we had
reached a period in our history when
the tomahawk and scalping knives ot
political prejudice had been buried
Mr. Jones said that while he might
indorse the sentiments of tho resolu
tion in a general sense, he objected to
its appfication, as he understood that
the- article was not from the special
correspondent of the Express in this
house.
Mr. Labatt There is a difference,
The correspondent was not the regu
lar reporter. It would not be right,
of course, to denounce the reporter,
Mr. Hill The name is not given.
Mr. Rosenthal I think we under
stand the resolution. I move the pre
vious question.
The resolution was adopted.
Mr. Moore, of Washington, thanked
the house for thus coming to the
rescue of the character of the colored
members.
air. wyatt. or waller, also ex
pressed bis thanks in the name of his
people.
Senate bill No. 38, to diminish the
jurisdiction of Cainpand Wailcrcoun-
iies. jne senate amendments were
rejected and the bill passed to a third
reading, leaving only .Morris county
rf a i i . .
uiievieu uv us provisions.
Petitions were presented as follows
Dy Mr. Kendall: From citizens of
Denton, on prohibition. Referred.
Mr. Robertson : Claim of John M.
Lyle for codifying revised statutes,
liel erred.
Dills and resolutions were presented
ami reierred as loiiows:
Ry Mr. Browning: To repeal sec
tion 7. chapter 61, of act providing for
designating and setting apart 330
leagues of l ind patented for the ben
etit of unorganized counties, and pro
viding relief from payment of patent
lees.
Also, to amend the caption of sec
tion 1 of the act to diminish tho juris
diction jf Morris county, and conform
it to the jurisdiction of the district
court.
By Mr. Cramer: To amend articles
1098 and 1099, t. 11. cn. 4. of penal
cone.
Mr. Rushing: To - amend article
1633, revised statutes, so that justices
oi ine peace may attest their acts
same as by notarial seid.
Mr. uruves: To authorize suits on
bonds given by executors and admin
istrators to be brought where the let
ters are issued
Mr. White: To amend section 8, t
75, of the penal code.
Mr. Abbott: To protect wool-
growing interests of Texas.
Mr. 1: rank : I o amend article 144a.
chapter z, title a, penal code.
Air. btout: To amend the penal
code, so as to make it a misdemeanor
to sell tc y pistols.
Mr. Davis: To amend articles 127-
140 and repeal article 136, penal code.
Air. jJavis, ot Lamar: To amend
article 4227, chapter 10, title 74, revised
statues, better defining the duties of
rauroad corporations in the transpor
tation ot freight and passenger?.
.Mr. Kendall : I o amend article 319.
chapter 4, of the code of criminal pro-
ceaure, proviuing mat express agents
may carry arras when on duty.
Mr. Wyatt: To amend article 2400.
chapter d, title 42, revised statutes, rel
ative to constables' fees.
At the instance of Mr. Cochran. Mr.
Henderson was allowed his per diem
for six davs on account of having
been detained at home by sickness.
By Mr. Patterson: To amend article
diUi, chapter A, title 8, revised stat
utes.
Mr. Jackson : To amend article 4665.
chapter l. title lo. revised statutes,
On motion" of Mr. Frymier, the sub
stitute tor house bills 190 and 19a,
providing for a branch lunatic asylum,
was mad;j the speeial order for 11a.
m. juonday.
Mr. Hurst, by leave, submitted
statement of account of Messrs.
Campbell Dunn and Patton for ser
vices as minute men m la5-66.
By Mr. Durant: To limit time In
which murder cases shall be brought
to triiU eighteen months from time of
arrest of accused.
Mr. Cundiff : Memorial from county
commissioners Smith county and citi
zens of Tyler protesting against
changing the term of the supreme
court from Tyler to Dallas.
The speaker had read a petition
from citizens of Stephens county, as
to the confinement of prisoners in the
walls of penitentiaries.
COMMITTEE REPORTS
were presented from various commit
tees, and on motion of Mr. Labatt,
were sent up without being read
Mr. Thomjwon, of Bexar, reported
for the committee on privileges bv
substitute for all the bills before
them changing the election laws.
Being the author of the substitute.
he reported it for the committm
Air. Jriiii. chairman of judiciary
committee No. 2, reported:
i avorablv on -bouse bill providing
that there shall be no appeal in capi
tal felony cases unless the county or
district attorney filng a motion in !
writing as to the shifting ot the onus
probondi for halea corpus on the
state.
Favorably on senate bill giving the
power to county commissioners court
to grant judges leave of al.iseuee for
90 davs.
Favorably house bill to make it pe
nal, not exceeding $25, to catch fish
out of anv private pond or enclosure.
x avoramy on bill granting right of
appeal by paupers.
Mr. Parsons, for committee on
health, said he h.ul no report to make,
but called attention to the fact that
the bill of Mr. Benavides. making vac
cination compulsory, had been printed
without request of the committee.
The speaker ruled that this would
b so much less to be printed.
Mr. Chenoweth asked reference to
judiciary committee No. 1 of house
bill No. 293, requiring all railroads
ha ing their final termini in Texas to
build and m;intain passenger and
freight depots and other necessary
buildings for transportation purine.
Granted
PENDING BUSINESS.
House concurrent resolution forasulK
committee to visit thu state school;
was read, and, on motion of Mr. Mc
Kinnev, the committee of conference
was appointed Messrs. McKinney,
Cochran and Elliott.
House bill No. 9 with senate amend
ment, to protect the wool growing
interests in Texas, was read and the
amendments were concurred iu.
House bill No. 17, to repeal the act
granting certificates for 1280 acres of
land to soldiers permanently disabled
in the state and Gonfcderate states
service, was passed.
THE RAILIIOAU JULI..
House bill No. 156. as passed to en
grossment, the day before, came up on
its third reading and final passage; and
after discussion participated in by va
rious menders, was finally parsed.
The vote on the final passage was
aves 53. noes 37; absent or not voting,
15.
' Mr. Scott, in the course of the dis
cussion ou the bill, said he had no op-
torlunity to speak on the question
before and claimed it now. He firgus!
that the bill was a discrimination in
the wrong direction in the face of
the constitution, which says taxation
shall be uniform. Referring to the
figures presented by Mr. Chenoweth,
as to wagons and carriages: The comp
troller had made the mistako of giving
the assessment on wagons and enrn-
agoi at .JoO.Oob.OUU when it M-as only
S5,Oo6,(.'X
Mr. Chenoweth The gentleman
spoke against the bill when he believ
ed the figures by the comptroller's re
port. He would have done so it the
re! urns had been S25O.O00.aiO.
Mr. Scott The western part of the
state is in need of railroads. Ho was
disposed to encourage their interests
but not to legislate in the way the bill
proposed, ft was not a matter ot
figures, but of right and justice to the
people as well aa the railroads.
Mr. Cravens said:
Mr. Speaker While I am satisfied
sir, that the members of this house
are now ready for a vote upon the
pendirg bill, I beg your indulgence
lor a lew moments, in order that .
may present my views upon its mer
its, and record my reasons for voting
against its linal passage.
In the first place, sir, 1 consider the
bill clearly unconstitutional, and for
that reason alone would oppose its
becoming a law, were there not such
other valid objections, as. 1 claim.
against it.
1 have the honor to represent in
this body as honest and intelligent
a constituency as the gentleman
from Fannin, or any other member
of this house, and stand here, by my
vote, to give expression to their
wishes upon all legislation proposed
by this body; but, sir, I do not propose
to register my vote in fav or of a single
measure, nor do my constituents de
sire it, that is clearly in the face of
the organic law of our land. If we
would legislate safely and wisely let
us ueep clearly witnin constitutional
bounds. Our constitution provides
that the rolling stock of railroads mav
be assessed in the county in which the
principal omce or tne railroad com
pany is situated, in contradistinction
to the general proposition that all
property shall be rendered for taxa
tion in the countv in which it
is situated I refer to section 8 of ar
tide 8 of the state constitution
Here a permissive declaration oc
curs, which the railroad companies
have a right to avail themselves ot in
all rendition of property by them for
taxation, just so long as your con
stitution remains unchanged; and all
the legislation against such right
which this house may pass is a nulli
ty, and our courts will so declare. It
is claimed by the friends of this bill
that if there is a doubt as to its consti
tutionality, it should nevertheless
pass, and let the proper tribunal pass
upon its merits as a law. 1 claim,
sir, that if the framers of
our . organic law contemplated
any such assessment board or com
mission of equalization as is
proposed by this bill, they w ould not
so forcibly have negatived any such
proposition by their specmc declara
tions as to whom, where and in what
manner the rendition of their rolling
stock for taxation by railroad compa-
niis should be made. Neither, sir.
would they so clearly have declared
that the apportionment of the value
of the rolling stock throughout the
several counties ot this state should
be made by the comptroller.
gain. sir, it is contended that the
use of the indefinite article a. in sec
tion i. article o, ot our constitution,
in designating the county commis
sioners court as "a board of equaliza
tion, carriexl with it the
impli(Hl power to establish other
boards of equalization, should their
want be felt. Now it is clearly
stated in our organizing law that
there shall be elected by the voters of
this state a governor who shall be the
chief magistrate of our state. Do you
consider that the use of "a" here "im
plies that you may by legislative en
actment alone provide for the election
of two or more governors, whose du
ties of office shall be jointly dis
charged? No. sir. Just so long as
your constitution remains unchanged
you may elect a governor and no
more,and by a parity of reason you have
a constitutional board of equalization
in your county commissioners courts,
of your several counties, and cannot
create another board for similar du
ties and with similar powers, without
first amending your constitution.
Jjy reierence, gentlemen, to article
4687 of our revised statutes, where
provision is made for the assessment
of the rolling stock of railroads in the
several counties where their principal
offices are established, you will lind a
marginal reference to section 8, arti
cle 8 of our constitution, which clear
ly sustains the proposition of the gen
tlemen who prepared such law, and
they were lawyers of eminence, and
fully understood the constitutional
rule to be as embraced in said article.
Again, sir. I oppose this measure
because I consider it a dangerous in
novation upon the constitutional rule
that there shall be no class legislation
enacted by this house. Let the rail
roads be compelled, in justice to the
state and our citizens, to render their
property fully up to the standard of
vidues governing in the assessment of
other property and interests: but re
quire them so to do by general laws,
by which all must be governed, and
not by special laws affecting alone
the value of one peculiar species of
properiy in our siaie.
In this neat state mere are. I be
lieve, about id organized counties,
thereby requiring 171 county
udges and tax assessors and
684 county commissioners. Are
not these several officers elected by
the people, and does not that same
mighty power pass upon tne question
as to who shall be your governor,
your comptroller, your commissioner
of the land office? If the people are
to le trusted in one instance, is it
not folly to say they cannot be given
the same power in another direction ?
Is it not a irect reflection upon the
inteirritv and worth of your county
judges, tax assessors and commission
ers, to say you will not trust them
with the honest discharge of a con
stitutional duty ? I so deem, sir, and
believe the honest o'.uciais throughout
our state, rellectod upon by this bill,
will owistrue its terms as a vote oi
distrust towards them by this honor
able tKxly, if the pending bill p;isscs.
ii legislation is demanded and is nec-
es arv on this subject, and I believe it
'.tt that legislation ho bv e-enend
law, affecting all alike, and it will
have my unqualified support; but, sir,
so long as it tomes in the form ol
special aud class legislation I shall op
pose it as contrary to the letter of our
nstitution. and airamst the snirit of
oiu-Democratic principles and protes-
t.iiiiius. .u, Mi.M-e wnai an atti
tude this house will be pin ed in by
giving the seal of its approbation to
this measure! You say to the officials
and people of this state, your county
commissioners court c an be trusted to
u..sess and equalize the property ot
your cattle kings, whose vast herds ol
cattle roam over your western
domain;yoiirmillionaires with wealth
untold; your merchant princts, rich in
sto -k and store; your vast lauded es
tates spreading out in rich luxuriance
belorc you; your haughty banker,
with coffers plethoric with bonds and
gold; your capitalist, growing richer
and richer upon his excessive iutcresl;
your whirring manufactories, with
capital count, d by the hundreds ot
thousands; in fact, every hpecies ol
property having a value in this great
state, aggregiiting many millions ol
dollars, may m passed upon by this
constitutional board of qualiziition
savd and except the rolling stock ol
rad roads.
1 U-lieve.sir.that railroads are neith
er better nor worse than other inter
ests, and in the matter of the assess
ment of their rolling stock, observe
iilniut as fair a valuation of their
property as the average citizen of thN
state, especially those of gnat wealth
;um exieutieu means; and au amend
ment of article 46o7. so as to requir
the submission of their assess rnei.t.s u
tho proper board of equalization in
each county where they are mil 1 ;is
other valuations are done, will :idsv r
every purpose, and be au act of justice
to the state, the citizen and the rail
roads. But it is claimed that there nr.
many uiin-rent railroads in
thi-t state and that under such
a law the proper! v of each company
would be passed uim bvas rnanv dif
ferent boards of euualizatinn as there
are counties in which baid -issf-'sm' iits
an; made. This, I say, is right. Voi
cannot value your f-tocks ot goods i
Austin by tho valuations agreed upon
in ualvccton, Houston or San Anto
nio, and rlo not the values of the roll
ing stock ol Vour roads d.lir as ma
tei tally a any other prois rty 'r Somi
are equiped in a firct-cla.ss manner.
whim others are using tw-coiid-cla
rolling stock almost entirely. Endow
your const He i.oti.'il board of eqirdi-
zation witn the same powers to send
tor witiiH.-v -s and t'ke -vi;.i'rr:'- as to
value of r-iI.rigi.to' R. as is prpo-d
to delegate -o thu comm. -wioii eor.Vr-:-plated
in thS bill, and they ran come
to as fcoacs t co.'ieiu.-'.ioiiM as to a..t.i.d
asesaol -'.ibo; of such property,
which la cv.tiu joii.-l seen arid u.ieii
in their midst, as ran your new hoar;
of equalization. ho:T-r anniduouj
they'i in the discharge of tneir pre-
scrioeo oucu-rt.
Gentlemen, let us not play hide-and-
seek with the terms ot our con.-titu-
tion, and spend o;ir time vair.lv try
ing to avoi.i its plain 1-iter, out let ifs
legislate ju-tly to ail and m a c-iti-stitutional
manner aad we will meet
the demand of an enlightened constit
uency, and will go homo with clear
consciences and uood laws.
During the discussion Mr. Walkins,
who was taken suddenly ill, was ex
cused,
Mr. Foster, of Grayson, discussing
the railroad bill, said our revenue
laws should be so framed that no
property could escape its just burden
of taxation. By this measure we may
render invalid assessments of railroad
rolling stock. He was satisfied there
was a ueioci in executing the law as
it exists, as to assessments. He
wanted the law amended so assess
ments shall not be final till passed
upon by the comptroller. He. read
Sec. 8, Art. 8 of the constil ution. As
to the question of res adjudica, we
have tho plain provisions of the con
stitution, whereby railroad property
shall be assessed in the county where
the principal office is. This "was the
single exce.tion. Unless we can
frame a law within this provision we
are bound by the law that it shall be
assessed where the property is located
As to the effect of tho indefinite ar
ticle a, where the law provides for a
board of equalization, he differed with
some of his colleagues. lie would be
glad if he could believe with them,
and was ready to vote for any bill that
would remedy the defects, it seemed
to him that Mr. McKinney's substi
tute covered this whole ground.
Mr. Chambers Don't equalization
mean a comparison of values of one
species of property with those of an
other? If the board have only one
species for inquiry how will it know
the value ot ottier species i
Mr. Foster The value mav be une-
quel There is no force in the ques
tion. The objection lies in the un
constitutionally of tho bill If the
defect can be remedied by general
legislation, rather than pass itu un
constitutional bill, had we not bitfr
lo it than pass a bill that mav not be
constitutional? I don't agree with
some that this bill will injure the
railroads, and even if it did, I would
favor a constitutional bill.
Mr. Chambers, of Tarrant, said:
As to tiie constitutionality ot the bill
section 18, article 8 of the constitution
provides mat the county coiuiims-
sioners court is to constitute a board
oi equalization, jne county com
missioners court has jurisdiction co
extensive with the limits of the coun
ty, and fully conforms to section 11 of
the same article: that all property,
whether ownediby persons or corpora
tions, shidl be assessed mid the taxes
collected in the county where the
proterty is situated ami confines the
action and powers of bo'h the assessor
find collector to the limits of tin-
county. Rut section .8, same article
ot the constitution, confers extra
ordinary powers and duties upou the
issessor ol the comity where the
principal office of the railroad is
situated, and that article or anv other
in the constitution lads to confer anv
sucn extra powers on toe county com
missioned court or other county
uiecers.
Now, sir. under th conntitution.
there is no law to equalize the rolling
biock. oi ranroaeis, wnne mere is one
under that instrument to eouali.e all
other classes of real and personal
properiy Dy a ooara cieany established
oy section is. whose authority is
hedged in by county limits. Section
J, article , says taxation shall be eou.tl
.....i i.- . . ,
ujij iijiiimui. j-i uanzauon can ie
done alone by a comparison with
other property, as to the. character
istics of each particular kind of prop
eriy. ii ine county commissioners
court of the count y where the Min-
:ipal oflico is located is to make the
equalization of a property that is con-
si auiiy moving ami rolling through
in the counties throuirh which the
rood passes, and confined to no one
locality, except its road bed.
and that court has but one
single property, the rolling stock
of one railroad, by what . com
parison would that board have to
equalize but it? hi r. you put equali
zation of all the rolling stock of all
the railroads in the state before one
single board constituted for the pur
pose, then you have the values and
other characters of all of such prop
erty in the state before one single
tribunal that will fairly and equally
distribute this burden upon the roll
ing stock of all the roads in the state,
and not have this property, as has
been proposed in amendments, subject
to six, eight or tn different boards,
each only having one road's roiling
stock. One would place the value in
equalizing at a very high rate, anoth
er at a very low rate, and all at differ
ent rates, according to their notions
and prejudices, and that too without
having a comparative valuation or
characteristics beforo them.
The constitution upon this equali
zation of this particular property is
perfectly silent and has no limitation j
on legislative action a to the appoint
ment by this body of a board ot equal
ization." while the property of m11 peo
ple and other corporations within the
confines of any county of this state
oes have to pass under the hands of
th county equalizers, and why should
not this class of property lave th"
ame watch euro throwii nver it V
Resides, sir. I believe It u-i II l. -n-
tirely fair and omrhtto U satisfactory
ioiiicradroadsth.it they are placed
'ipon nn equality or with r.nother by
an intelbyrent Uiard. 1, sir. urn in fa
vor ol railroads, and wo-.U di-uhiin to
even entertain nv i-.-.,Msition that
WOUld tend to miills; lv ,.nr..x ll.ntn
' s.ir al" a fc'rcut friemj of railroads',
ind want their i,r,. r. i
ami rami for in ' i..,.;Ji...:..
IS justly as any other l.rooertv nr
great interest in the state, but at tho
same umi- i jeei mat their property.
is property, oitirht at legist. i. A.
eras good and Jllst mmervlKii.n iw
t ie other interests of this tate, and,
s'r, I fully and conscieiicioiily believe
mat tins i iii is not in conihet with
anv provisions of the constitution.
mil that it tends as much to tl in rail
road interest of the state, in fairly nd
iusting and equalizing taxation on
thorn. I most heartily favor this bill.
and hope it will pass.
.Mr. Acker said he was absent when
(lie Mil was discussed ami passed to
ngrossmeni, and de.sired to slate
irn ily some of the reasons why lie
could not fsiipiiort the bill. He bad
heard much on the ones' ion of the
mstitutioiiiilitv of the bill and pre
sumed that the majority of the mein-
oers desired the accomplishment of
the rnme end, tie solution of this
question to the end that' railroads like
individuals may U proH-rly taxed.
I ho provisions of the constitution
and laws, lie argued, offered ample
opportunity fur biincing all property
hi the rangeof taxation. The defect
of the law luiyht bo met bv iimend
iiionts. The constitution providesfor
Oie rendition and ns..esiueiit of the
rolling stock of railroad companies in
tho county where the chief office of
the coiup liiy Is Militated. N'ction 16, -a-tide
is oi' th; constitution makes
tin commissioners courts boards of
i qm.lization. The act of lS7S)directs
how these board -i shall perform their
duties, and empowers them to send
for persons and papers, administer
oaths, etc., to arrie at correct value
ol property. Article -16S7, revised
statutes, require railro ui companies
to make their renditions in duplicate
to the assessor of the county where
their chief ollice is. one of these
renditions, under oath, to bo for- .
v.ardd to the comptroller at once.
The a constitutional provisions re
qoiii no legidalion to give them
liect ami put them into operation.
When the comptroller receives the
valuation of the properly ho has the
right, and it might be mud" his duty
fty a mandatory provision), to present
hj-t objection to the Oo.iidand have
the aIu-ition ( hanged
H read the law that tho rolling
,it-;' k nmy be asnf-s jed in the county
'.ereti.e prii ' ipul .(fice is. I'nder
I f e iu.t of 170 the leu i.dature provided
'1. .it i a' h cour.ty sh.iil cause the hssck-
.- to briiig ail n-ies-meiits to show
r..at each party has rendered ,
h,i property fail ly according
to law. inder these coustitll
ti nd irowsions mid the net
of ll'J, and article 4o87 of the revised
st itm -t, he thought the xistiug laws
t Lords more nalisl:n-toiy mean'; of at
taining the objects of the bill than the
ill its If. The present law !:d not
invite.ltigation to delay tho pa;, merit
of taxes, as there is lio qmv.e u of
constitutionality involved in t1'- i.
Mr. Fry mier asked to call up house
bill lo". to withdraw the hchcu-i l;iiids
from sale, b'ing a substiluti) 1 : sen
at; bill No. with senate amend
ment. Alter some discussion tl,e sen
ate amendments were concurred in.
Mr. I'pton, by lea c, introduced a
general appropriation bill fort' e sup
port of the goveriiini id from March
1, iW3. to February 28, 1S8..
Mr. Fisher reported the bill to re
pair the governor's maui.ion enrolled.
House uJjourned.
Twenty-first Duy's Truce edlu git.
SEXATK.
Austin, Feb. 3, 1883.
The senate met pursuant to adjourn
ment, Laeut-Gov. Martin presiding
una a quorum present.
1 'raver wai offered ly the Key. Dr,
Hunting.
On motion of Mr. Matlock, tho jour
nal was not read
On motion of Mr. Houston, Mr,
I ollm was excused from attendance.
IiJU'OKTS OF 8TANUINU COMSIITTF.IiS.
Public Health. Mr. .Stratum", chair
man, reported favorably on house
joint resolution No. 1, relating to the-
creation of a quarantine station at ht.
Louis island, similar to that ut fehlo
island.
Also, favorably on senate bill No.
126, relating to the genend quarantine
law.
Skction 1 Kelt rnii'U-J hy the It l
l ilern 'if ttio Mulo ol Texan: '1 lil lllln
I.XXXIll nJ tho mi p pi i ue ut He i too of
lun I t:v Iscil etvll kUiuIi-h nliall le u
amended no lieri-jfle to mill an lolluwx:
AklliLK 40.' I. Tho Koyernnr U nu
poweieii l- I....U lo pro' Intuition il rehir
ing ijienai.il i mi i Uh rnittf or eUrwIn.-ie
wltlnn llm urii, wlit'iit-vei-ill Id ju I Le
nient q.mi milO e niuy bec-num iic" iiy ,
unl nn;li quuriti.lluu in iy continue ler
UoU length nt liuiB MM lilt-Ileal lh ol tli'
Htule Ul l) leililre: provided, lion-toil, Iu
Ilnrr.H eoiiniT. li ill tin coiihldi-red eim-t
town Mil In u the liiemrii of tblit ni t.
A11T.4 tl0.l. It hlilill be tu iluiyofths
governor ot Hie N at ol TexuH, mid be I
bertby auttiorizml uuU empowered tota
led and tippotm, liy mid It li lli advice
Hnd i-.onM-iil ol tit M-nnle., Iroui the moot
uklliful phyMelain ol the nt-itu of Texas,
one plijuli-ian. wtio hll be kuovvn
beullb ollher of tlie flute, aid idiiill, from
iirevionx and ucilve p ucHee. lie fjinlllar
Willi yelrow fever, uud pledged to llu Im
portance of belli qmniLliue aud aaulla-
liOll".
Art. 4mb. Bu.h l.eulih olQi-er
sli ill, uurluir tbe time lie l
iicllvely einrmc-.d in public
duty, receive lor bi fervicea teu U liara
per day and all lie- eiory traveling ex
pcDnpn, a till) ol whli-b in in-1 be made out
Iu detail, tben appiovi-d bv the Kovemor,
n which iippioved account tbe comp
troller shall IhKue bin warrant oa the
ireuxurer lor the amount ol aucb approved
account
AKT. 4030j. When tbe irovernor Is In
formed, or ban reason lo believe tliut tbe
m tile of Tex in In tt.re itened at any point
on tbe ronii, or tbewbere witnin tbls
i-tite wliU tbe Introduction ol yellow
fever, e-r any other inleuilous or conta
giout diHeasu, be shall immediate J order
i-uih bealtb oilicer to tbe point, or points,
o threatened, with Instructions lo care
fully examine Into such Information or
ainriii, ud If sBtistlt'd thav the report or
information Is true, and tb it there la
danger to tbe slate at nn-h plaee. or
places, from the Introduction ol any of
nUch di-e iseH. tbe ioveruor sball lainiedl
itely dcclaie quarantine at sut-b place, or
place", agatusi tbe locality where any of
nucb (lis aseapoiutor are said to exist,
or ntiiil such lime as tbe same can tie ex
amined Into or determined, bavlntr power
to order slate, county or municipal au-.
Iborlile" to std b.ui iu esiablii-biusT and
maintaiulnfr the smue provided, thut. tbe
beal'b o Ulcer of the state may In cases of
emergency, wlteu from ubj cause tbe gov
ernor cannot act, have power aud author
ity to erla' lixh, inulotilu and enforce a
temporary quuruutiuo anywhere wliblu
this stale, whenever In bis Judgment
lieu emergency exist; the facw In rel
eieuce to which temporary quarantine
shall be immediate! . reported to tbe gov
ernor, Kb. shall take such action
and Issue such proclamation a be may
deem proper, either conliuuinif or discon
tinuing the same. .
art. (iw)d. Tbe laws In regard to
st ile quarantine sball remain and be In
lull force aud npi rntion on the coast, or
elsewhere in tbe state, a tbe governor or
Dealt b ollli-er may il reel, anil do enforced
heretofore, with such additional
cbabKcasst e provi-loim ol this act pre
senile, and with such additional ensures
Id station and cnerul in allurement as lue
irovernor.may think proper.
AkT. sope. Jhe law In reswrd to
lovii nunrantlne hy the ichuliitsnts
ot any point or points on the
coat. or elsewhere iu this stale,
shall rem On In full force; pr-, voted, ih;,t
In all differences and disputes b twt.n
any hiu-Ii points, contiuuoiix or r uiot.,
wilbiu tbl stulc, such dideieiico sod
disputes shall be linuiedlalelj . l.y tbe lo
ca health author! I its. It auy.und ifnoue,
ty the lnhabttaDts ihcni'-elv. s. reported
and siihuiiited to the vovernor. uud on
the receipt of sucb repui t be lill lorib-
wnu older me state liealib olllcer lu sucn
pob t with Insiriii lions to l.ivestlala
the same and report the exact condition
ol tbiiiK. uud upou iiive-iiirnti.in of sucb
report, shall .u hit proeUmal Ion Ue
rlaiimr the determination ol the 1-sur.
and by1 said proclamation the aforesaid
illtf. reiiccs Kbail be (.o veined aid deter
mined. AHT. sOOOf.-S oil health officer sball
(rive a bond, Willi two gt,od niel sudluit m
siirrtle-, in ttie rum ol i n thousand do -
Continued on Third Pnee.J
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