Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1874-01-15
The Contest For Authority in the
LOne-Star State.-Dayis's
Answer to the Leg
islatUre.
He Surrenders at Discretion
Origin of the Bificulty--
Jack Hamilton's Base
Part In 1t.
Plain Statement of the Facts in
the CaSe----Hist0rie Resume
spirit and Determine
tiOn of the People.
STILL WAITING.


NEW ORLEANS, January IA Gal
weston NetrS special from Austin OF the
fourteenth, says: The senate was called
TO order atten O'Clock yesterday. Reso-
lutiOns were read and adopted. Senator
Flanagan was called to the chair. SenA-
tor Culburtson submitted the following:
Your committee appointed to wait on
the governor have no report. They are
not ready to report. The governor Will
submit a written response by twelve
O'Clock to-day. The committee was al
lowed further time.
New ORLEANS, January 1.-The
Galveston NeJgS'S special, dated Austin,
January l4th, says: ain the house,
evening session, Mr.. Epperson, from the
committee to wait upon Governor Davis,
replied that they had fulfilled the du-
ties assigned them, and submitted the
answer:
EXECUTIVE OFFICE STATE or TEXAS,
AUSTIN, January Is.
GENTLEMEN-In reply to your verbal
communication made to me to-day, l
have to state that L do not think if ad-
vis4ble for the public good that l should
disregard the decision of the supreme
court, made recently touching the late
election; by recognizing the gentlemen
yOn represent as being the constitution
ally elected fourteenth legislature.
1t seems to me that there is some better
solution OF this difficulty, than that
the governor, and those claiming to be
the elected legislature, should jointly
combine to override the Judiciary, and
disregard their construction Ofthe consti-
tuition. / must believe that such q course
will leave the door open for a
dangerous uncertainty in the future,
both in the matter of authority to enact
the legislation that may be provided by
the gentlemen you represent, and the
matter of the constitution and existence
of the highest tribunal of our State.
There may be found two supreme courts
aud even two legislatures claiming au-
thority. 1t is even now claimed by
some that the thirteenth legislature Is at
present the only legally existing legisla-
ture, and that ii only can constitution
ally convene and provide for this emer-
gency. 1t viii then, after all, be a settle
ment brought about by q species of
revolution OF violence against the
court making the decision. 1t is true it
is easy enough, and it seems the simplest
solution of the present difficulty, that
we should jointly adopt the same course,
as the supreme court has no way of en-
forcing its decision against the eXecu-
tive and legislature combined, but /
consider that in this case the easiest
course is now the one that ! would like
to be a party to. ] will be happy to
iOin you and the gentlemen you repre-
sent in applying the promptest and
most feasible remedy in this difficulty.
1t has been repeatedly held that the
recognition of congress and the execu-
tive OF the United States will settle the
question as to what body Of men consti-
tute the legislature, and which is the
proper State government. This may
afford a solution to be accepted by all.
/ am more free to act with independence
in securing with you or those gentlemen
that sort of solution, because l feel my
self entirely disinterested herein. ] ac-
cept the election, whether constitution
al or not, as conclusive against myself,
and will, in no event, continue the
functions of the sffice hold beyond my
constitutional term of four years. Very
respectfully, EDMOND J. DAVIS,
To Hon. H. Epperson and other gentlemen OF
the committee present.
Mr.. Ssyres introduced the following
ResolUed, That q committee of five, to
act with like committee oftbe senate, be
appointed by the house to take into con-
sideration the answer of the governor,
and report as esrly as practicable what
action is proper and necessary TO be
taken by the legislature.
The chairman appointed as the CON-
mittee Representatives Epperson, Della
ney, Sayres, Barzizo and Harris.
Mr.. Epperson, from the committee
appointed TO wait on the secretary oi
State, reported and presented the follow
ing answer:
DEPARTMENT OF STATED
AUSTIN. January H. !
To B. II. Epperson, II. 7. o'Neal and j. NJ
Harrison:
GENTLEMEN-In response to your de-
mand for the returns of the election held
in December for governor, lieutenant
governor, and constitutional amend
meDts, reply that such returns are in
my office, but believe it TO he my duty
to refuse TO report the same or deliver it
10 the body you represent until the ex-
ecutive Of the State has recognized you
as the fourteenth legislature. Respect
fully, JAMES P. NEwCoMB,
Secretary OF State.