The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1881-08-25

third of the votes cast"
- SEC. 3. The government of the uni
verSity shall be vested in a board
of regents etc. The words used
that which is expressed in the
first sentence of the first section
of the act, which was to leave it
to the people to determine, by vote, the
location of the university of Texas.
That is the main issue now before the
people.
There is also side issue. arising out of
hereafter to be quoted, relating
to the location OF the medical
branch of the university. That was not
a part of the original bill, but was insert
ed in obedience to the views Of some per-
sons who thought that department
could be more advantageously located at
place not suitable for all the branches
OF the university.
In section one it is said: "The medi-
cal department of the university shall be
located, If SO determined by vote of the
people, at ditferentpolnt from the univer-
sity proper, and as q branch thereof; and
the question of the location of said depart
ment shall be submitted to the people and
voted on separately from the propositions
for the location of the university. The
nominations and election for the location
ject to the other provisions of this act,
with respect to the time and manner of
determining the location of the uni
versity." This is all that is said about
the medical department in the act.
The act does not determine that there
shall be medical department at differ
ent place from that where the university
proper Is located, but only that there shall
be, if it should be the " ;Sh of ne people
hN IN tuf
tion, which of course means ma jOrItY OF
the votes east on that question. The
separation of that branch and its location
at a different place from that of the uni
Verslty proper is contingent upon a ma
jority vote on that question separately
voted on; whereas the location of the
university proper either with or without
the medical department is certainty al
ready determined by the law, if any one
place should get plurality OF votes for
it, provided only that such plurality shall
amount to one-third of the votes cast for
the location of the university.
In constituting this law and the action
of the people under it to carry out its OBJ
jects, it must be borne in mind that any
voter may vote for any place that he
chooses for the location of The university,
whether it is nominated or not and fur
ther, that the few or the many citizens
of any one particular place who may as
sumo TO put that place in nomination,
and so have it placed in the proclama-
tion of the governor under the law, have
no right under the law to prescribe to the
voters of the state that it shall pt it gets
votes enOugh) be the locality of the uni
verslty, either with or without the medi-
cal department. If, for instance, Lam
pasas, whose citizens have held it out by
the shape of their nomination of it, as II
suitable place for the university OF Texas
without the medical department, should
get u plurality of votes, amounting TO
one-thlrd of the whole vote, and amajori-
ty of the voters should be against sepa-
ration of the medical department, and
thereby the contingency of "a separate de-
partment fails, the university of Texas,
entire, would be established at Lampasas.
So, too, Matagorda, whose citizens have
put it in nomination for the entire uni
Versity, would be established as the uni
versity, without the medical department,
if there shall be a majority vote for the
separation of that department, and if also
MIatagorda should get plurality OF the
votes cast, amounting to one-third there
of, for the university, whether cast in the
shape of for the university entire, or for
the university without the medical de-
partment.
For, if he casts his vote for the univer-
slty entire, at that place, his vote GER
place for the university proper, although
the contingency OF separation of the
medical department may succeed and his
vote should be counted for that place foT
the main university without the medical
department.
If on the other hand he casts his vote
for that place for the main university
only, which he has right to do, and there
is majority against the separation OF the
,1na1ioal his VOfo Sbnuld he
counted for that place for the entire uni.
versity to be at that place. Because, he
being single voter, has no right to de-
termine, by the shape Of his vote, for the
location of the university, whether il
shall be there entire or not, that issue be-
ing determined by majority of the votes
on separation, which is contingent side
issue: which under the law can not be al
lowed to pervert or defeat the main lead
ing object of the law, which is for the
people now to determine by their votes
where the University of Texas shall be 10
Gated, whetherit be there with or without
the medical department, in obedience tC
the provision of the constitution OF the
state.
1t follows, therefore, that all of the
votes for Lampasas, whether for the uni
versity entire or for the main university
should be counted for Lampasas, whether
the majority vote is for separation of the
medical department or not. And the
same rules should be applied to Mata
gorda. 1t follows also that no one voter has
right to vote in the alternative and put
in his ticket a vote for place for the en-
tire university. and also for the same
place or for different place for the main
university.
1t was in accordance with these views
of the law, and the proper mode of carry
ing 1t out, that the proclamation for the
election was shaped and issued
Very respectfully,
o. NJ. ROBERTS, Governor.
T. Fl. BOWMAN, Sec'y of State.
ATTORNEY GENERALS OFFICE, I
AUSTIN, Texas, 10Th August, 1881. !
Eugene Bremond, esq, Vice President Citizens
Committee, Austin, TeXas:
SIR-Your communication of the 18th
inst, signed by yourself as vice president
and E. L. Eggleston as secretary of citi-
zens' committee, addressed to the govern
OIL, r,attorney-general and secretary of state
was handed TO me by Colonel A. j. PeeleI
and has had due consideration and care.
full thought.
The questions propounded involve the
discussion of the following matters in
their natural order:
express the choice of the several votersi
2. How shall the returns be made ia
convey the result to the proper authority
8. How shall the votes be counted to
ascertain the will of the people?
4. What will be the result of such
count in the location of the university
and its branches if any are determined
upon?
To arrive at a correct understanding of
these questions. it is necessary to exam
inc all the law upon the subject.
The constitution (Art. VII. 10y pro-
Yides for the establishment of ''the Uni
versity of Texas" "to be located by a
vote of the people of this state" Sec
tions 13 and II of the same article pro-
vide for two branches of the university,
to-wit: the - agricultural and mechanical
college," and " the college or branch
university for the instruction of colored
youths of this state" This Is all that is
said in the constitution of Texas in re-
gard to the location of the university or
its branches.
The law of the seventeenth legislature,
approved March 80, 1881 Chapter 70, acts
of 1881, and the act amendatory thereof,
approved April 1, 1881 Chapter 81. acts
of 1881, contain all the legislation had
under the constitution in regard to the
university.
Section 1, of chapter 75, reads as fol-
lows: "There shall be established in
this state, at such location as may be de-
ternlneQ Dy vote ol tne people, an IN
stitution of learning, which shall be
called and known as the University of
Texas. The medical department of the
university shall be located, if SO deter
mined by a vote of the people, at a
different point from the university
proper, and as branch thereof,
and the question of the location of said
department shall be submitted to the peo-
pie and voted on separately from the
propositions for the location of the
main university. The nominations and
election for the location of the medical
department shall be subject to the other