The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1876-05-25
NO. AZ
N .jorIty aud Minority Reports on Gem
eraI Fence and stock Law.

] ana aAcPOFhS W saSAa'
eral Fence and stock Law.
]
Hon T. r. Bonner Speaker ef the House o
Representatives,:
Your Judiciary Committee No. l, tC
whom was referred the resolution ''thsi
the Committee on Agriculture and Stock.
raising refer sections % and % of article
| 10 OF the Constitution TO Judiciary Com
mittee No. for an expression and con
struct'on of SAID sections, that we may de-
terInlne If general fence law, under sec
/ tinn ~, and a general stock law, under
section %, may be passed which will ex.
empt counties or subdivisions of counties
| in which said general laws may be inoper.
ative, Inefficient or unnecessary" have had
the same under consideration, aid submit
the following opinion in reference thereto
| That the power TO pass a fence law, except
general fence law, operative in every sec
tion of the State without exception, would
have had no existence in absence of section
| % of general provisions. The Legislature
would have had no power to legislate local
| ly on this subject in the absence of this
special prov sion in section %, for then the
passage of such local fence law, applicable
10 counties or sections of the State, must
necessarily carry with it the sanction OF
punls for violation of any of the
| provisions, and we should have an act
crimiual when done in one portion OF the
State and not criminal in another, which
cannot be the case ualess specially author
lied by the Constitution And inasmuch
as the varied and conflicting interests OF the
State would preclude the passage of a gen.
! eral law, operative in every section OF the
State without exception, which could or
would meet the want OF the people of the
several sections, it was necessary to incOr-
Eorate that clause in the Constitution in
order to authorize the Legislature to pass
laws applicable TO the different counties or
seot'ous of the State as their wants might
require and the trainers of the Constitution
evidently Contemplated in said section that
nothing but local legislation should be had
! on this subject tn meet the wants of the
! people of the different localities and inter
ests and that conformity to section 81,
Article B, of the Constitution, is indispensa-
| bly, meet ssary to su IN legislation Under sec
ton %, article l6, a general law for the
regulation of livestock and the protection
of stockrasers may be passed exempting
certain sections or counties therein named
from its provisions. Slch u law would be
so far general in its character as not to re-
quire II compliance with the provisions CT
section 81, article 3, of the Constitution, as
condition precedent to its passage.
A general law for the inspection Of cat
tie, stock and hides may be passed by the
Legislature which would be operative in
every section of the State alike. l. zeal
laws for the same purpose may be passed,
| but local laws of this character are with
out force till submitted to and approved by
a vote of the locality TO be affected thereby.
| No no'ice, as provided IN S, ,ction 81, arti-
Gle 3, of the Constitution, Is required for
| local Legislation on this subject, as such
laws are only of force by the approval at q
special election IN the locality affected
| thereby. THOMPSON, for Committee.
| MINORITY kEPoRT.
The undersigned, nlember of Judiciary
Committee No. !, to whom was referred
the resolution of the Committee on Agri-
culture and StockraisIng concerning fence
laws, begs leave respectfully to report that
be cannot agree with the majority CT the
committee, for while 1t is true that under
section 81, article 3, of the Constitution,
the passing of fence law applicable only
to a subdivision of the State, without the
notice required by said section of the Con
stitutiOn, would be in violation of the Con
stitution, yet, when subsequent section oi
the same Constitution, to-wit, section %,
|
have the power to pass such fence laws, ap
plicable to any subdivision Of the State Ol
counties, as may be needed to meet tn,
sity of advertising was done away with
else where was the necessity for in
cooperating this latter sectiOnl IL can
not be doubted that if it wer,
not in the Constitution, the LegIslatur,
would have the power to pass fence law
applicable to any subdivision of the State
But if the Constitution had been sileni
upon fence laws, then it follows, as a mat
ter of course, that no local fence law could
be passed without publication of the notice
| for the application, as prescribed in article
3, section 81. But when full power il
given in this subsequent section Of the
Constitution to the Legislature ITO pas,
such fence laws as may be needed 10 meet
the wants of the people" in any subdivis
ion of the State, it was undoubtedly the
intention of its framers, so far as fence lac,
were concerned, 10 do away with the re-
quifements respecting other local laos
Else why put 1t theIel II was useless t.
give Il power that could never be denied
Has not the Legislature passed laws max
ing certain streams "a lawful fence, and in
what sense is fence law crimiHal2 Sup
! pose tue Legislature pass suCi leuCc laws
applicable To any subdivision of the State,
as may be needed to meet the wants of the
people, who shall deny its power in the fact
of this plain, iRdepeAdent section Of the
CC mstitutIonl VINO Is rquireo to publish
notice of an intention TO apply for such
lawl Not the Legislature surely. But il
such notice is necessary, it would seem so
for it alone is made the sole judge OF what
''may be needed to meet the wants of the
people. There is no "local option"--noth
ing left to- the people--and no notice can be
necessary where all power is given. The
minority Of your committee, being fully
persuaded that this Legislature has to-day
full power to pass any fence law necessary
to meet the wants of the people of ths
whole State, or any part OF it,. is con
strained to differ (modestlv be trusts will
the majority. w. N. RUsT,
OF the Committee
Both reports and opinions were referred
to Committee Oh A Agricuture aud Sock
raising.
texas Politics.
The Tyler DeUaOcrat is pleased TO say tina