The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1874-01-08


from precincts 10 county seals Hence TO
give time sufficient Tor she people ia the
large and populous counties d, vote the
time was changed 10 snur days L would
have been Impossible for hi the voters in
such counties IS Galvestcu. HARRIS Wash
ington and many others IL aaye exercised
their right 70 the elective franchise. had the
election been held for only one day. This
then was the reason for the change as to 1
time. Hence when one OF the reasons fall
the other goes with if Taking the atlmis-
sionS Of those who claim thar the i.cgisla- 1
ture has power 10 change all OF section six /
to the word .'lax, " aud that all after that I
word is independent and cannot tic changed |
by the Legislature, We will a once perceive, /
the ridiculous absuriIty Of the prQpositlon. |
The section then would stand .'And the
polls shall be opened Tor four days from
O'Clock A M.. until four O'Clock r A. a
each day. This would be nseaniagie
there is 'nothios. ,i1efare or a0er 10 expiasa
what it means, and We wg9.d haye1o run
through all the legislation concerning cleo
IioHs 10 hunt up aud furnish ne.sniag
Could that lave deem the intent uf the con-
vention who framed, az Of the people who
adopted the constitutional Il is supremely
absurd, TO entertain sucls an idea. 1 am
strict constrnctionist but not So strict rs 70
reduce the organic law 10 ridiculous absuf
dities The letter killeth bit re sgi-ii
malSeth alive, the scripture oneother
point and l am done. Suppose there Is
doubt in the judicial mind in regard to the
constitutionality of the section referred to
in the election law. What then is the rule
for the court tn observed Upon the highest
authority, l take il the following is the
rule. when courts are called upon to
oNf lr.srit-
lation passed with ali the forms and ctre-
monies required 10 give il the force of law.
they viii approach the question with great
cautiun, examine it every possible aspect
and ponder upon it rs long rs dcliheration
and patient attention can throw any new
light upon the subject, and never declare
statute void unless the nullity and invalidity
of the act are placed, intheir judgment, be-
You'd reasonable doubt. Cooley, Const.
Linz, page 1927 "a Reasonable doubt must
be solved IN fdD0r OF the Legislative action
and the act to 5e sHstdiaed.o Cooper v. Tel
fair, Dali. IS; Dow V. Morris, N. A.,
10; Cooley, Const. Linz, 1872 and the large
number of authorities there cited In the
case of Ogden Y. Saunders, IL Wheaton.
270, Justice Washington, after expressing
the opinion that the particular question
presented, and which regarded the consti-
nationality OF State law was involved in
difficulty and doubt, said: ''But if could
rest my opinion in favor of the constitu-
tionality of the law, on which the question
arises, on no other ground than this
doubt so felt and acknowledged, that
alone would, in my estimation, be a sat
isfactory vindication of it. It is but q
decent respect due to the wisdom, the
integrity and the patriotism of the
legislative body by which any law is passed
to presume in favor of its validity until its
violation Of tie Constitution is proved be-
yond all reasonable doubt" Will our courts
have the same conscientious regard to duty
as the distinguished judge above referred
too We shall sec whether they viii set
aside old and established rules of constrGc-
ton, the intent and spirit of the trainers of
the present Constitution, the Legislative
WILL and the voice of a majority Of forty
thousand of our feilow-citizens, and sub
stitute therefor the behests of q few disap-
pointed and political charlatans.
J. PA4sn
Trsasncns OF the Virginlus PRISONERS.
NEW YoRK, December 2s.--A reporterof
the Tribune, who boarded the Juniata after
her arrival, obtained full particulars from
variety of sources concerning the treatment
received by the prisoners at the hands of
their Spanish captors All these reports
agree in one particular, namely, that the
treatment received was uniformly harsh,
and in some cases barbarous. A fact which
has not generally been known, by the state
ments of prisoners now comes to light
which is that they were robbed by the
crew of the Tornado, and nearly all who
owned anything were robbed of jewelry,
prisoners were taken to the jniI OF Santiago
soon after their arrival in port. Here they
were crowded together like cattle; here
their sufferings began. They were not as
signed to separate cells. Indeed there was
no opportunity for such confinement in the
contracted quarters Of Santiago Jail, but the
entire party of nearly two hundred were
driven into a small room, hardly fifty feet
wide by fifteen long There they were
obliged to live as best they could, |
though the air, of course, was almost deadly |
and there was little or no opportunity for
exercise. The prisoners were supplied /
with provisions which, though sufficient /
as regards quantity, were poor in quality /
and hardly fitted to sustain life Tx. pro- |
visions consisted almost wholly Of rice and /
water.
One night the prisoners were stealthily
taken from the jail and marched with the
greatest haste to point seven miles below
the city, in the vicinity OF the Moro The
road lay through rough tract Of country
and the journey was most weefisoine while
some Of the prisoners were so sick as to be
almost unable.to stand. The sufferings Of
some of the number were intense. and no
pity was in the breasts of the Spaniards.
At this point on the coast they were placed
on board the steamer Bazeau, which az once
set sail for Havana At Mazanilia It was
met by the mail steamer coming in the OPP
pOsite direction. On this steamer was Gen.
Buniel, who at once ordered the Bazeau to
return to Santiago. She turned about but
soon ran aground, and the passengers were
transferred to another vessel. Here they
suffered horrors heretofore unknown.
They were crowded in the hold Of the
vessel, where. scarcely ray Of sunlight
could struggle in. The air was poison; the
darkness was almost eoEiHuous; the food
they ate was wretcbed in quality, and insult
hcient IN quantity; the water they drank was
what remained in the buckets after the
dumb animals were satisfied. These ami
mails consisted mainly Of horses and mules:
they were kept on the deck above the Yir-
ginius prisoners and were thus q constant
source of annoyance to the helpless priso-
ners confined below.
Il was IN the midst Of all this filth and !
suffering that the prisoners were not allowed ]
to wash while on board tic Bazeau Tor ten
days, and their arms were pinioncd behind j
them the larger portion Of the voyage.
they were occasionally beateaon the slight {
cst provocatiOn, and sometimes on no prev :
Dcation at all. The punishments, however. J
seem not to have been Of a nature So serious o
Is to produce any telling effects Comman- u
Ter Braine said to the Tribune reporter; r
'sfhe feeling at Santiago against Americans o
S exceedingly bitter, and Vice Consul 4
smith IS actually in danger Of his lie. lie I,
las several times been threatened with as s.
'assination, and think one 81 our uen-of- {
var ought 70 be stationed there permanently. i
i least till the feeling subsidies, as hopeit =
viii Vice Consul Smith was abused most =