The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1879-03-06

but, sir, should it not pass, or should
1t be rendered imperative through dis
astrOus amendments, then have no
further responsibility in its regard.
|
Extracts from Senate Journals.
On motion Of Senator Edwards, the
message from the Governor, Just re
ceived, was taken up and read:
EXECUTIVE OFFICE,
| AUSTIN, March 3, 1879.
To the Honorable the Senate and House Of
Representatives, in Legislature assembled:
| desire to call your attention briefly to q num-
! her OF subjects which, though small in them
selves compared to others, are deemed very i'm
portant to be considered. respectfully recon-
| mend that an appropriation be made expressly
| for rewards for the arrest Of crimina 10, unde
| such regulation and to such an amount as the
Legislature may deem proper. Under the power
| given to and duty required OF the Governor to
| see that the laws are execut ed and under ap-
! preparations made for that purpose it has been
the Drectice in his as well as in other States to
| oner rewards for the arrest OF criminals and
| large discretion IL confded to the Governor in
determining when this power should he exer-
cised as means Of performing his duty in the
execution OF the laws. II rests with the
Legislature as the controlling power Of
government to deIerNnDe how much money
Shall be furnished appropriation 70 be
my Inauguration, l found that the annual ap-
preparation OF $4,000 had been exhausted, and
a large number Of claims for rewards were out
standing, for the payment OF which there was
no appropriation. Afterwards applications for
rewards, and for the employment OF detectives,
and letters inqniring about rewards came, and
have been coming, into the executive office al
most daily. Upon examination also it was
found that the rewards already offered amount
ed to large sum- in the aggregate estimated at
nearly $lUO.eO9. Under the present state OF our
finances, ! deemed it proper to issue procla-
nation, revoking all of the offers or rewards,
and to fOrbear from offering rewards for the
present, that the Legislature might be free to
exercise their cons itutionaI power at the out
set OF my administration, of indicating ia ad-
vance, by their appropriation for that purpose,
how much OF the peoples money they might
determine should be spent in Offering rewards
as one OF the means OF executing the criminal
laws OF the State.
and pay the rewards for the arrest of criminals,
especially when they have escaped beyond the
limits of the State, and consequently beyond
the reach Of our sheriffs. II sheriffs should
pursue them beyond the limits of the State, it
must be under requisition as it is done by any
other person, and they are not entitled as
shelifs to have their accounts for transporting
such prisoners approved by the district judge,
before whom the case is tiled as prescribed by
law, (See Paschals Dig, p. 554, article 1886, ana
for fees to be thus approved see General Laws
Of 1876. p. 289, section H.
Therefore enc who conveys q criminal from
another State under requisition from the Gov
compensate d, eiIher by reward offered and paid
to him, or by an allowance of reasonable ex-
penses, approved by the Governor under
The statute Of this State in Paschals Digest
article 3345. Under the construction and general
practice OF the executive officers, the reward
when paid, Is considered as covering the reason
able expenses thus provided for. To enable
the Governor to make requisition under this
statute Just quoted, he must have a COPY OF the
Indictment, or of a charge under oath before
some competent authority and must know of
n IA nria
Oner to this State, he having no power to send
any one, and the means should be provided for
in advance, by an appropriation to pay either
the reward offered or the reasonable expenses,
so that the person who voluntarily rend rs the
service, often Q labOrous and hazardous one,
may get his pay, or at least warrant for it.
The Governor may also oIfer q reward for the
arrest Of prisoner, whether he is out of the
State or not, and il he IS arrested within the
state, the person arresting him, or causing his
arrest, though sheriff, may get the reward by
applying 10 the Governor under the usual prac-
tee. In such case the construction of the ex-
ecutive officers is that the reward covers tine
fees OF the sheriff for arresting and conveying
the prisoner. and no allowance should be made,
by the district judge, upon trying the cause, I'M
der the law in article 1886, page 54.
1t may happen, as ii has happened, that q re-
ward would be paid on the approval Of the Gov
ernor, and the fees also be ALLOW ed by the
Comptroller, to he sheriff upon the certificate
OF the district judge, because he would not
know or have the means of knowing anything
about the reward or payn Mt when he tried
the case and approved the sherif's account for
the fees.
This suggests the propriety OF a law
requiring mat whenever reward is
offered the Secretary of State should
clerk OF the district court, in The County in
which The of snse WAS committed, to be MED
with the papers in the cause, Ia order to give
the district judge the necessary information,
and aisO q similar notice should be sent from
the executive ONCE. when The claim for the re
ward ls approved.
1 respectfully recommend also that law be
passed requiring the accounts Of sher1ffs, OF
clerks and VI county and district attorneys thar
are approved by the jusgs trying the case and
paid out OF the treasury OF the state, 10 be ap-
proved in open court, after being spt cihcalIy
stated in each cased separately, and after full
examination Of each case in a q parate account
An examination or these accounts in the Comp
troliers ONCE will exhibit the necessity Of such
q law, in oider to protect the interest OF tbs
State much more foIcibly than 1t can be done
Id q message.
The Congress OF the United States passed gu Oh
law for the Federal courts, which may be
found in Laws Of I'm ted States, page 333.
respectfully recommend that appropria-
ton be made Tor the employment OF detectives
to ferret out ofenseS and that th=ir employment
be lesalizsd. Occasionally euch employment
may be useful and proper, as has been exhibit
ed IN the land frand cases that have already
been reported to the Legislature l also respect
fully recommend that an appropriation be made
for general contingent fund and that the Coz
ernor be T, q1lred 10 report 10 the Legislature,
infinitely and spec hcaly, how 1t ehall have
been expended The occasion for the use Of
sreh q contingent fund cannot be foreseen, but
past experience clearly demonstrates its neces-
siiy in the proper administration Of the gov
eminent. As evidence Of this, need only re-
Ter TO the employment OF the stSurneys, Meesrs. |
Sneed q eheeks, In the land frauds and their
valuable services In the past, and which should |
be continued may also refer 70 the peni- !
teniiAry at Rnsk, winch has been re- |
eeived for the Stste, and the Governor |
Is lot authorized to take any control OF II oy an
SCENT or otherwise, spend dollar for ifs pre-
lection. IL not only nesds 10 be taken care or /
but II is in danger Of being injdred BY neglect |
In having some work done for its preservation
may refer also TO the college for the education
OF eolored youths, which IL valuable property, |
without any one 70 take OF II, or any means 20 |
bANeh done. SO n lightning were 10 strike one /
II the pub &c buildings, or II irs roof should be
blown OF in = storm, or any other nAt1rAl dam |
age be done 70 II By any unforeseen accident |
after the adjournment OF the Legislature. no |
one would be justified in having the necessary |
repairs made without . Law aufhorEing II, IN |
der The restrictions OF the present Constitution
respectfully recommend that An appropria- |
tIon Of a. least $4,000 be made 10 be used, II |
necessary. In taking charge Of the penitentiA-y.
Shien night have 10 be zone fucdenly BY the /
death OF the lesseCs or by their surrender VI II
or oy other Unforeseen Cause
respectfully recommend hat : law be passed |
setting apart the room N the third story Of the
Cspitol AZ state library and presenting hos
mems shal DC taken care Of and the room con- /
trCuCos also that the rooms for each department |
- - -A--Ac4 N ne N4pltol Ano t9At ~ oc - l
preSslE declared under whose control tne /
balance OF ire Capitol building and the pahhe 1
grouroe and improvements within and surround 1
Ing them shall Be placed.
respectfully recon Dend that the ANS ard /
army stores n charge OF the Adj zfAnt General /
thai are not In use ard not likely 20 Be used be /
required % Be sod b. him Aad the proceeds |
tnereol placed IN the Treasury and that ne be |
Authorized ~ re1t house 10 store eucn ABS |
and amy stores II 90 long any remain On |
had. there beng no pubiic h1Ilding for that |
purpose
respectfully rscounend that An Eppro.iria- |
tioe o. Sou Be made 70 b Eppdsd dlIini tns !.