The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1881-08-20
STATE SPECIALS.
TEXAS TOPICS 5Y TIIHaRAfH,
rhe sheriff OF Washington County
Alleged 20 ben Defaulter-Reply OF
the Governor ana Secretary OF
state In Reference 90 the
University Question
Corporation Il eefiOn
at Athens = Hot
weather, Etc,
Austin

Special TO the Herald
Austin, August l9.-The governor and aecre-
tary OF state replied to the inquiries Of the
citizens executive com nittee, telegraphed
yesterday They state 1t necessary first to
give their views OF the law under which the
proclamation on.was issued. They quote the first
sec ,ion of the act, and state that this being
the first sectlon of III, act, expresses the leau-
Ing objects of 1t. which IL was 10 Comply with
hs requirements OF the constitution that or
dained that It's locality should be left to a vote
| of the people. Section 2 says an election
| shall be held on the fret Tuesday after Sep
tembsr lst, 1881, for the purpose officiating the
university, etc. Section says ali locations
put In nomination for the location ofthe uni
verify shall be forwarded TO the governor ~
| least forty days prior to the holding Of the
election, and that the s0vSrnor shall embrace
| IN his proclamation ordering said election the
names of said localities, provided any citizen
may vote for any locality not named, eto.
Section says the locality receiving the largest
num ber of votes shall be declared elected, elo.,
provide said loosliiy receives one-third OF the
votes cast Section provides for the organi-
confirm that which is expr.ssel in the firt
sentence OF the first section OF the act which
was to ieave II to the people to determine by
vote the locality OF me uaiversiiy OF Texas.
That Is the main issue now bef re the people
There is also side issue arising out OF the words
of the tirst section, hereafter to be quoted,
relating to the 10 cation OF the medical branch
OF the ..universlty that was not part OF tbs
original bill, but was inserted In obedience TO
the views OF some persons who thought that
department could be more advanIag gsous,y
located at . place Dot suitable for all the
branches of the university. In section l, 1t
reads: :" rhe medical department OF the uni
versity shall be so located, II determined by
vote Of the people, a different point from
the university proper, ana as Draucn thereof,
and the question OF The Location OF SAID depart
a. t.s IN ta1 IN hn nd
voted on separately Il ON the proposition ofthe
location OF the university. The nomination
and election for the location for the medical
department shall be subject to the other pro
manner OF determining the location OF tho
university % This Ia ali that Ia said about the
medical department in the act. The act does
not determine that there shall be medical
department at n different place from that
where Ia. university proper is located, but
only tnat there shall be, If II should be the wish
OF the people expressed by their votes on that
question. The separation OF that branch and
university proper is contingent upon majori
ty vO,e on that question:. separately
voted on; whereas, toe location of
the university op,r, either with
talnty already ieermmed by the law, ifany
one place shou d get plurality OF votes for IL,
provided only tnat sach plurality shall
amount TO one-th'r rd of the votes cast for the
| location OF tn6 uulVefbltys III
this law and the action OF the people under 1t
| to carry out Its objects, 1t must be borne In
mind that any v0Ier may vote ior any place
| that he chooses for the location OF the univer-
| further that The few or many citizens Of auy
10 put that place into nomina-
| iion aud 80 have 1t placed In the
nave no right uuder the law to prescribe to
/ the voter of the state that II shall, II 1t geis
votes enough, be the locality OF ths unlyersi-
| ty, either with or without the medical depart
| inent. IL, for inst ance, Lampasas, whose citl-
zens have held II out by the shape OF their
nomiAation that IL Ii q suitable place for the
university of Texas, without the medical de-
partment should get 8 plurality OF votes
majority OF their voters should vote acsinst a
separation and thereby the contingency OF
separate department nail. the university OF
Texas entire would be established at Lam
S,ss bsS 10 IN whSss Sr
the entire univerlity, would be e'tab
llshed, as tbs universtty without the
medical department II there shall be
majority vote for the separation Oh tna. ae-
plurality OF the votes cast, amounting 10 one
third thereof for the university, whether cast
| in the shape of Tor tho university entire, or
| for the university without tho medical depart
ment; for II q voter casts his vote for the uni
versity cat re at that place. hls vote certainly
indicates a preference for that place for the
university proper, although the contingency
| OF separation may succeed and MIA vote should
be counted for that place for the main uni
versity without the medical department II,
on the other hand, he casts hls vote for hat
place for the main university only,
and there is majority against the separation
OF the medical department, hla vote should be
counted for that place, because he being
single voter. has not the right to detsrmlne by
| the shape fhs vote for the location OF the
university whether tshsl be the entire or net
that the thing determined by majority ui
votes on separation which is contingent side
| issue, which unuer the law cannot be allowed
to prevent or defe vt the main iesding Object OF
the law, which IL now Tor thepeople 70 de,er,
mine by their votes where the university shall
bs located, whetherit be there with or with
out the medical department. In obedience 10
the provisions OF the constitution OF tse stare,
IL follows, therefore. that oil OF tho v0,es llr
Lampasas, whether for The university entire
or for the main univerAty, should be counted
| for Lampasls, whether the majority
vote is for separation or not, and
tho same rule br Matago;da. II f,llowB also
that no one voter has q right to vote In the
alternative and put on his ticket vote Tor
place for the entire universty and also for the
same place or different place Tor me main
university. II was 10 acIordsnce WIN these
Views OF the law and the proper mode OF carry
Ing 1t ost that tue p oclama,ion for the cleo
ton was shaped ana itsued
The foregoing was signed bS the governor
and secretary of state,
-
The altoinr y-gonera y an opinion OF 300
wo ds takes lesue with tho foternor, holding
that tho publ, should be allowed an altsrna-
tive vote conditional upon the adoption of
severance. Every v0,ei, he claims, has slright
10 vote on the four proposll ions to-wit; LIST,
whore thu npivrraiiy oh al be locatsdi I'd,
shall the m"dlc department be located
az different poiit fr'm tho university
| department be located; &th, where
shall to main university, without
the medical department, be located He fur
| ther hold. that tho yotrs on each proposition
should be counted separately; that IL requires
nj least c.thlrd OF The votes therefor 10 To-
| cate either the sntirs university, the medical
| den.rtment or the ms In branch, and TINT u