Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1874-01-16
Progress of the Imbr0gliO -Resc
lutiOns Passed by Both
HOuses-COmmuniea-
ton to the Gov.
eFn0r.
His Answer Made Verbally Indi, a.
tive of His Waning Power
The Election Returns
Seized.
Protest Of the Secretary Of State
The Official Vote Published
Cook Sworn in-Bay-
OnetS, Etc.

GALVESTON, January Is, via NEW
ORLEANS.-The Galveston Netcs special
from Austin, is as follows:
The senate was called to order st ten
o'clock. A quorum being present, Mr..
Swift stated that the Joint committee
were still engaged. A motion was car
ried that the senate take q recess until
half-past two in the evening, and nothing
was done, all waiting the action of the
committee. The house met at twenty
minutes past ten o'clock this morning
MT. EppersOn reported that no report
could be made by his committee till
three O'Clock, when they adjourned
| The following is the
NOTE OF BARZIsA TO GOVERNOR DAYIsi
COMMITTEES ROOMS
AUSTIN, January 10, 1873.
Governor &. J. Davisi
SIR-The house of representatives of
the fourteenth legislature yesterday
passed the following resolution:
WHEREAS, The secretary of State has
refused to deliver to the speaker of the
house of representatives the returns Of
election held December last for governor,
lieutenent-governOr and constitutional
amendment; Therefore be it
| Resolved, That committee of seven
be appointed by the speaker, whose i'm
mediate duty it shall be to arrive at and
determine the results of the returns of
said election for governor, lieutenant.
| governor and the constitutional amend
ment from such sources and by such
means as is hereby deemed best and
most practicable by said committee;
and said committee shall report their
action to this house at as early period
as possible, the said committee to employ
all the necessary clerks and messengers,
and may invoke the power of the ser
geant-2t-arms and his assistant, and
other officers of the house, to aid them
/ in the discharge Of their duties. The
committee shall have the power to send
for persons and papers anywhere in the
State. All processes issued by said COM
mittee shall be directed to the sergeant
alarms orthe assistant-sergeant-at-aIms
of the house Of representatives, and shall
be signed by the chairman and at least
one other member of said committee,
and shall be executed by the
sergesnt-at-arms and his assistant
Governor E. J. Davis:
SIR-The house of representatives of
the fourteenth legislature, to-day passed
| the following resolution: "The COM
mittee appointed under resolution have
instructed me to address you this COM
municstiOn, and request you as the chief
executive of the State, to direct the
secretary of state to deliver to the speak
er Of the house of representatives, or to
| this committee, the returns of the elee-
ton, held December 20, 1873. In ac-
eordance with the law we recommend
that you reply to the demand of this
house of repre- esentatives for such returns
The secretary of state refuses to de-
liver them till you recognize
the fourteenth legislature. The seereta-
ry of state, being an officer Of your own
appointment aud amenable to your di-
rectiOns and orders, this committee has
deemed it proper to invoke your aid in
this respect, 50 that the laws relating to
this matter may be faithfully executed.
II the views held by you, resulting from
the late opinion Of the supreme court,
he correct, the delivery OF the returns
cannot affect the status of yourself and
the others interested, whilst the with
holding of them may tend to further
complication, and may entail consider
abe expense on the State in procuring
them from other sources.
In view of all these circumstances,
the committee trusts you will comply
with this request. Yours respectfully,
d. U. BARZISA.
Chairman of Committee.
A GENERAL WEAKENING.
Mr.. Barzisa, chairman, banded the
letter to Governor Davis in person. Gov
ernOr Davis replied that he did not
think that BsrZisa, his committee, or the
body he represented, were entitled to
them, but if Barziss would go to the
secretary's office of his own accord, and
take them, he would not be resisted,
whereupon Barzisa accompanied the
secretary of state, Mr.. Newcomb, to hi
office, and Mr.. NewcOmb pointed to a
desk where the returns were, and Bar
Elsa took them and asked him to seal
the ends OF the package, which New
comb did. Newcomb declined to de-
liver or allow him to find out where
those for the constitutional amendments
were, but they can easily be gotten af-
ter Cooks Inauguration and the ap-
pointment of Captain George Clark as
secretary of state. Below is q protest
which Newcomb drew up. and had wit
messed by three of his clerks:
THE PROTEST.
DEPARTMENT OF STATE OF TEXAS, !
AUSTIN, January Is, 1873.
This day the fifteenth Of January, D.
u. Barzisa did enter and take
from this department pack
age of documents purporting to
be election returns for governor and
Acknowledgements without my consent
and against my protest.
(Signed.) J. r. NEWCOMB.
Witnessed,
J. E. ALBRIGHT,
A. NJ. COX,
FRED. n. DAVIS.
1t is generally conceded now that the
Inauguration will take place this even
ing unless it takes too long to count
votes. Everything working smoothly.
Many remarks are heard that Davis will
yield all without opposition.
ANNOUNCEMENT OF THE VOTE.
AUSTIN, January ia special TO the
Galveston NeaCs at half past three
o'clock says the clerk Of the house en-
tered the senate and announced that the
house required the attendance of the
senate to witness the counting of the
votes for governor and lieutenant-gOv-
ernOr ia Joint session. A motion was
made and adopted that the senate repair
to the house. The following is the
State vote: Coke, s., $40; Hubbard, &c.
S25; Davis, 42, ,663; Taylor, 42,Sl2.
COKE DECLARED ELECTED.
AS soon as the vote was announced
Speaker BryOn said, in conformity with
the mandates of the constitution and
the requisitiOn of the legislature, here
by declare Richard Coke governor of
the State of Texas for four years from
the date of his installation Immense
cheering1, and then by the authority
and direction CT the constitution and
dietatiOn of this legislature hereby de-
clare r. d. Hubbard lieutenant-gover-
nor of the State of Texas for the term of
four years, dating from his installation.
SWORN IN.
Senator billiard moved that q COM
mittee of three be appointed from the
senate to escort the governor elect to the
stand; also q Ike number from the
house. Adopted.
Senators billiard, Ledbetter and Swift,
and Rips, Sayres, Epperson and Harris
then escorted Governor Coke and Lieu
tenant Governor Hubbard to the speak
er's stand. Judge Lindsay administered
the oath of Office to the governor and
acknowledgement, after which the
governor delivered his inaugural.
ARMED RESISTANCE.
This evening General Britton had a
number of armed men standing senti-
mel st the basement Of the capitol TO pre-
vent iRgress or egress OF State officers.
Some of the force sre white and some
negroes, all with muskets and bayOnets
fixed. General Britton appeared In full
dress uniform. 1t seems to be the deter
minatiOn of Governor Davis to resist
taking possession of these rooms by force
unless greater force is used by the OPP
ponents.