The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1875-02-04
House.
MrpNrsDAr. January q. 1s7:


Roll called; quorum present.
Mr. Storey reported on a number Of en-
crossed bills, which he desired to go at
once to the Senate.
Mr.. Stewart, of Montgomery, asked that
the joint resolution for removing the county
seat Of Montgomery county be taken up.
Mr.. Epperson, chairman Of Judiciary
Committee No. ?, presented the report--a
substitute for the original resolution. The
substitute proposes that while legal pro-
ceedings are going on about the establish.
ment of county site, the sheriff be in
structed to remove the records from Willis
to Montgomery.
Mr.. Lea stated that this was local ques-
ton alone; that, under authority of law,
the people of Montgomery county held an
election for the county seat, resulting in q
majority of 142 votes for Willis, thereupon
the officers made an attempt to remove the
records. An injunction was gotten out by
the people Of Montgomery, which was dis
solved, and the records were removed. Tie
report now offered was one attncking the
right of counties TO govern themselves
Willis is within five miles of the centre of
the county, and the Legislature has no
right to resolve itself into court, and
trample upon rights guaranteed by the Con-
stitution. Let the people Of Montgomery
county settle this matter as they should-in
the courts OF the country. He had no per-
sOnal interest il the matter, but he had
arisen 70 warn the House that it should be
careful in regard to the proposition now
proposed.
Mr.. Stewart, OF Montgomery, said that
all the evidence necessary had been before
the committee. The Land Office has sup
piled the evidence that Willis is not in FIVE
miles of the centre Of the county. It
should be borne in mind that the Constitu-
tion provides that in the removal Of county
seats 20 more than Eve miles from the cen
ire of county It requires two-thirds vote,
which was not given for Willis.
Mr.. Iea stated that the county court had
decided that Willis was within five miles
of the centre of the county.
Mr.. Stewart said he would expose the
fraud which had been perpetrated in Mont
gomery county. He said that at the time
OF the election Willis was not within five
miles Of the centre OF the county, but that
thereafter the corporate authorities OF Will
lis had extended its corporate limits so as
TO make them reach 70 within five miles Of
the centre.
Mr.. Epperson said the action Of the com.
miftee was simply to give present reliefy 70
allow the eourtsto proceed without having
the validity Of their ects hereafter ques-
toned m
Mr.. Simpson said he had examined de-
cisiOns upon the questions involved. and
that, previous to the late amendments to
the Constitution, they went 70 show that
the LcgisIature had authority 70 remove and
establish county seats. But the late amend
ment provides that the Legislature must
not interfere in such establishment. He
thought, therefore, that the Legislature
should leave il TO the arbisrament Of the
courts.
Mr.. Storey hoped the action ~ the CON-
mittee would be sustained. He vas salts
fed that Willis did not get . two-fhirds
vote, that Il was more than Eve miles from
the centre Of the county, and that Il was
not entitled 20 the right 81 being the coun-
y seat Of Montgomery. The rec0Eds Of the
Land Office show that Willis Il oyer eight
miles from the centre Of the county. Il
vas his understanding that the chief jus
tice did issue the certificate for the town d
Montgomery; afterwards, By some trickery,
was obtained the decision of three o. the
justices IN favor Of Willie. He recognized All
this, but the resolution, nov passed, was
necessary to validate the acts of the courts.
The cause vas now being tried b. tbe sn-
preme Court, and this resolution was simply
en- "a interim measure 70 allow the courts
% BE legally held.
/ M. Simpson aaked Il II would not Be
best to validate the act 81 the court wheih-
.er held e Willis or Montgomery.
Mr.. Storey said such resolution would
not relieve mafteFs; there would atilf be
points f0F disputafion.
Mr.. simpson ssid that the Constitution
does n0s recognize the Office of chief Jus.
fice. and Be claimed that no officer had the
right 70 issue ceFnfcate as il the csse 81
Montgomery. u certificate Uas given 20
the town q Montgomery, i was worthless
as no ofdcer had arightfe give T.
Ar Stuart, o. Falls. stated that the rot
ing strength q Montgomery county Bae