The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1874-02-26

! VINO WOuAl rum the receiving ana forwarding
business throughout the State, and erect an,
other internal machine of government in the
stead of an important and proper branch ol
private commercial business Jefferson DcBto
erdf
SUMMARY OF LRGISLATIVR Pre-
CREDINOS.
1t is impossible in our Weekly to give a
full account OF the Legislative proceedings
of the week. They are 50 volumnous as
they appear in the Daily, that they would
fill fully four issues What our readers in
the interior require is TO learn the action OF
each House upon the main questions in
which they are interested. And in this con
nection, they must bear in mind, that the
action of one branch is not final.
The Legislature ha. been in session for
thirty-6yc days. They have proceeded
slowly, anil we sincerely hope thar dual re-
suits viii prove tLat this seeming dilatori.
ness may exhibit their wisdom. There has
been thus far no definite action on the i'm
portant questions in which the people OF
Texas are most deeply interested.
On the twenty secUnd the following com
munication from his Excclleney the Gov.
ernor, was read:
EXECUTIVES OFFICE. :
AUSTIN, February 20, 1874.
70 tie Ho..oraJle House cf Representatives 81
The Stste Of Tenas;
return. without my approval, aud. re-
/ specially ask your reconsideration OF House
! bill No. 50, being ''An act validating the
authorization and registration OF certain
instruments of writing"
could see no objection 10 the bill il its
operation were simply to validate, from the
date of its passage, Acknowledgements of in
struments taken heretofore before officers
which laws then in force did not recognize
az, proper authority for that purpose, but
who, under existing laws, are authorized 70
take such Acknowledgements. Nor would
any objection exist TO making tlle registra-
ton of such instruments valid from the date
of the passage OF the act. But in its pres
ent shape the bills retroactive, and may in
its operation work injustice. Section four
teen, article one, of the Constitution ex-
pressly forbids the enactment of a retroac-
tive law. This bill, il it should become a
! law, would enable a party, Tor instance,
to avail himself Of the defense of the
statute of limitations under deed "duly
| recorded" in an action against him for
land, and thus defeat the title Of the true
owner, who, perhaps, permitted him to re-
main in possession five years, knowing thai,
under eristiag lac, the deed not being
'"duly recorded was not such paper
title as the statute would run on. Again,
under existing law, deed or mortgage not
duly recorded" is not constructive notice
to subsequent purchasers, or incumbranccrs,
for value
This bill would il law, affect these
with Eotice and postpone their claims, or
subordinate them to claims which, before
its passage, had no standing in court against
them.
Rights, as against unrecorded deeds, or
mortgages not duly recorded, - acquired
in good faith for value, under existing laws,
come fully within the definition of what
are known as vested rights" Numerous
instances can readily be imagined, as of fire.
quent occurrence, in which such rights, il
this bill were enforced as law, would he
Invested.
Other illustrations could be given of the
unjust operation of the proposed law, but
these are sufficient to show that it comes
fully within the constitutional prohibitions
upon the passage of retroactive laws.
Respectfully, RICHARD CoKE
Senate bill No. H. to amend section
thirteen of IAN act providing for a geologi-
cal survey of the State of Texas, > approved
August Is, 1870, was read first time and re-
ferred to Judiciary Committee No. ..
Senate joint resolution No. 1I3, SIN
structing the Attorney General to bring suit
against James Davidson, late Adjutant Gen
eril, and to prevent the sale of property IN
this State, held in his name, until the ter
mination of said suit !" was read first time
On motion of Mr.. Storey, the rules were
suspended, the bill read second time and
passed to third reading.
On motion of Mr.. Storey, the rules were
further suspended, the bill read third time
and passed.
A message from the Senate announced the
passage by that body of House bill 10. ISL, !
to amend section twenty-nine of an act en-
titled IAN act prescribing the times of
holding the district courts in the several
Judicial districts of the State, approved
August 10, 1870
House bill No 90, 9 Creating the Office of
public weigher and regulating the appoint +,
ment and defining the duties and liabilities
thereof, was taken up, being special order,
and read second time.
Mr. Reeves moved to amend by inserting
in line three, section two, after the word
Houston the word ''Shernanp
Mr.. Cochran moved to amend by inserting
in same place the word @ Dalns."
Mr.. Chambliss moved to add '.Corsicana 4"
DIR. Smith Of Travis moved TO add the /
word Austin Adopted.
Mr.. Epperson offered the following sub |
stitute Tor section two: There shall be ap- /
pointed and commissioned by the Governor |
IN such Incorporated towns aud cities of the
State as IN the judgment Of the Governor |
may be cxpedient, fit and convenient NUM- |
Der Of persons as public Weighers, who shall !
bold their Office tOr the term OF four years,
subject to removal at any time by the Gov /
srnor for misconduct.
Mr.. Smith OF Grimes moved To lay the 4
substitute on the table. Lost
Report Of the Comptroller was furnished
as to cost OF asylums and public works.
The Legislature is actively at work, bnt
the committees on important matters have
not reported. We are gratiied to notice
and industry. Next week nearly
All important questions viii be considered
and acted upon, and our report viii be full.
Aacitional Charges against ". Priest.
Dir. Linn presented the following addi-
5onal charges against II. Priest, Judge Of
he F0uFlh judicial District, which were
-ead md ordered spread on the journal:
~ Iis Efnelteacg Rielari C,,lr, G0eern0r ~
III -f,.fa - 49,.