The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1873-05-22
EgEoUrIvE OEFIcE,

AUsrIV. Texas, May o, 1874
To the Honorable Senate and House Of
Representative Of the State Of Texas
GENTIENEN-I have concluded that I
cannot approve the act originating in the
House Of Representatives entitled An act
to release certain taxes TO the residents Of
the counties Of Montague, Wise, Parker.
Hood, Erath, Hamilton, Lampasas, Burnet,
Blanco, Kendall. Bandera, Medina, Frio,
McMullen, Duval, Starr and all the coun-
ties lying west and southwest of the same .
but rs have not returned 1t with objec-
tions It became law to-day by force of the
Constitution
The tenderness towards our suffering
fronticrsmen which feel in common with
I suppose. most other people, has prompted
me to overlook the obstacle presented to
the passage OF such an act by the Constitu-
ton in section 10, of article Il, but l must
not permit this sentiment 70 stand in the
way Of my pointing QUITO you the circnm-
stance, that under cover of relief to those
sufferers many counties have been, may
say, TH1gr into the act, which have no
fair claim to be called frontier count;es--at
any rate no fairer claim than have many
other counties excluded therefrOm.
The counties of Wise, Parker, Hood,
Lampasas. Starr, etc, are no more liable TO
raids OF Indians than are Travis, Hays or
Bexar. They ere populous and wealthy
Parker, for instance, by the census of
1870 mad upwards of 1000 people, and has
now a population double that, ard are a
hundred miles or more within the outside
settlers. Some of them, such as Lan4asas,
suffer great deal more afiietion from white
desperadoes than from Indians
The people of the frontier counties should
be protected, bit better plan therefor
than this remission of tax, and also one less
IifliG to constitution difficulty would be
the employment of minute companies or
other similar organizations, made up Of the
fsontiersmen, whose time thus employed in
defense of themselves and neighbors. would
be recompensed BY the State; thereby offer
ing some guarantee that the hundred thou
sand dollars thus annually to be given to
the frontier, viii actually benefit the needy
pioneer himself, who, with his plough and
rifle, but perhaps very little more Of
worldly goods to pay taxes on, is extending
our settlements into the wilderness. It was,
however, the understanding that such COM
panies would not he authorized, that
finally prevailed with me not to
make an objection that might de-
feat all relief to the frontier. But
if not too late, I trust the act may vet be
modified. In its present shape, the courts
may be compelled to hold it invalid. On
this point, I herewith transmit a copy of an
opinion of the Hon. Wm. Alexander, Attor-
ney General.
The amount of tax RENTED by this act will
probably be about 100000 per annum, and
for three years, not two, as the act would
seem at first sight to warrant
Very respectfully,
EDMUND J. DAVIS, Governor.
OPINION.
ATTORNEY GENERALS OFFICE,
May 8, 1878.
House Bill, No. 062, intended 10 release
taxes to the inhabitants of certain frontier
counties therein named, has been carefully
examined. practically exenpts for three
years, though apparently operative only for
two. 1t is clearly an attempted evasion of
section Of article twelve, and of section
of article of the Constitution, as well asof
section 2 of the Bill Of Rights.
No pre-existing law provides for the
compensation Of any of cur citizens for exer-
cising the right of self defense for them
selves, their families and property The
poll tax, which has to be expended among
those who pay it. being tax prescribed by
the Constitution, cannot be set aside by
"A statute The Legislature is required to
make taxation equal and uniform thropghout
the State, not throughout all of the State
except the frontier, aud the hill of rights
declares that no man or set of meb is en-
titled TO exclusive, separate public enolu-
ments or privileges, not even in consider
alton OF public services as was formerly the
Gaze The bill is unconstitutional.
(Signed)
ALEXANDER, Acknowledgement.
4 true copy,
JNo. j. STEVENS, Private Secretary.