The Dallas weekly herald. [volume] (Dallas, Tex.) 1873-1885, 1882-05-11
EXTRA SESSION,



dEsArE.
specid 10 tlir hefali'
Ausrfs, May 3.-Thc senate conyene'
pursnJoC TO adjournment. The speake
was IN the chair; prayer was held by th'
.etaplafn the roll WIS called, and the min
utes or the previous meeting were read.
Mr.. Shannon called up senate bill 10 sus
pend the collection Of taxes In tho organ
lied counties for the years 1871 TO 1871
inclusive. The bill was read the first time
ordered ongrossed and passed.
Mr. Buchanan called up house bill making
an appropriation for the support of The
Prairie View Normal institute. The bill
wis read third time and passed.
Mr.. Burton called up senate resolution
looking to having conviCts confined within
the walls Of the pcnitentiary Adopted
House bill 10 provide for the supervision
and management Of the construction OF the
new capitol, with amendments increasing
the salary of the experimenting architect
to $500 year, and requiring his entlrt
time, was passed.
on the tax bill
The general appropriation bill was taken
up and the amendment to purchase por.
traits of the presidents and governors OIL
Texas was lost. 1900
Tie amendment appropriating $1,000 to
nav the members of the veteran board ior
services Was adopted. o
The amendment appropriating $44 zoe
to build cottages at the lunatic asylum, To
\ erect kitchen ana laundry, and purchase
200 acres Of land WAS adopted
An amendment to pay Senator Burton
k6OO for the expenses incurred in the contes
ed election case, was adopted.
4 IfNfr
have sewers constructed at the lunatlc asy
lum and other public buildings wa:
adopted. ;. .oo ooo
An amendment appropriating $780, to
pay pensions to Texas veterans was adopted
and the bill passed.
Adjourned.
Housf bill No. "A, for supplying the pub
lie grounds and buildings with water and
fire protection, with committee amend
ment limiting the expenditure to SIVOu
Der anrum was taken up under suspension
Of the rules and passed, with an amend
ment limiting the contract to ten years.
The deficiency bill was taken up and
passed to rhlrd reading.
Bruce, for the special committee APP
pointed TO examine the erection of the new
building at the lunatic asylum, reported as
follows:,A
Your committee, after making such exam
nation as circumstances permitted, found
the work to be very inferior. Therefore we
would respectfully recommend that tho
capitol commissioners and superintendent
be and they are instructed to require
to be made u thorough examination OF the
building referred to, and to the terms OF the
contract. aud report all the facts TO the
governor, that he may take such steps as
will secure the state against the conse.
uuences Of defective construction OF sad
asylum building.
The report was signed by all the mem
bers of the committee and was unanl
mously adopted. go,
The senate substitute to the house bill
authorizing the secretary OF state TO pur
chase Texas reports, to contract Tor the re-
linuuishment Of the copyright and to pre-
vent The copyrighting of future volumes to
the exclusion OF the state, beng
the special order, was taken up, and the
house resolved itself into committee OF the
whole on its consideration.
An amendment by Foster, changing the
cb1Ia ter of type, led to a lively discussion
10 sIrer the type would be to alter the
plate. owned by the Gilbert Book com-
Nc Cord said he saw job in this. Else
why all the lobbying?
Alter. much elimination and recrimina
ito the committee rose and reported ad'
yersely on the bill and the report was
adopted.
The following veto message was received
read and laid on the speakers table:
EXECUTIVE OFFICE. Austin, Texas, May 3.-TC
the Honorable House of Representatives n
legislature assembled:
| respectfully return TO your honorable
body the bill No. Is, entitled an act
to amend articles 1896, and 476s
if the. Revised Statutes, without
my approval thereof and with my oblec
tons 10 its passing as law. Said bill
nrovides that the commissioners court:
of the several counties of this state
slall have power to levy % cents or
the Sly0 valuation as taxes anu
equal 10 one-haif the maximum STATE
tax authorized by the constitution OF inc
state. 1t is unnecessary to quote the other
portions Of the bill relating TO the occupa-
ton taxes, Us they do not change the iaw
nov in force on that subject. The evident
effect of this bill is TO give
n construction to section y,
article OF the constitution under the
head of Taxation and Revenue" which
read as follows to wit:
'Ibe state tax on property exclusive oithe
tax necessary 10 pay the pubic debt should
never exceed 80 cents ON the 500 valaa'
tiou and no county, city or toNT
shall levy more than one-halt Of said state
tax except for the payment of debts already
incurred aud for the erection OF public
buildings, not to exceed 90 cents
on the $lOO in any one year and
except as ia this constitution is otherwise
provided"
Nv objections to the bill are as follows;
First From. the manner in which 1t is
voreed II 20 capable Of literal construc'
ton that would authorize the court 10 I'M
nose tax Of 25 cents on the 800 valuation,
and In addition thereto n tax equal TO one
half the maximum state tax authorized by
the constitution.
Second-The bill is an act of useless legis
lation, because 1t is simply construction
OF the meaning Of the said ninth section Of
the constitution, which construction rs hol
and cannot be a judicial determination
binding on the courts. The com.
mis.ioner's court is tribunal established
Inv The constitution with its powers OF tax.
alton defined expressly by said ninth sec.
ton. Its powers on that subject cannot
be increased or diminished by oeclara,
tory act OF the legislature. which, and
winch only, would be the effect this bill.
ThIrd-As construction IT is a new
departure from the contempsraneous,
universal and well well settled
CONSTRUCTION Of said section throughout
the state. a. exhibited in the uniform &C
zion Of every commissioners court in the
stsfe a. FAR A. n snOwn OF heard from. Such
uniform construction by said commissioner
court- - tie very highest evidence that the
t,eot,le Of the slate VINO voted ON hnd
sdopted the constitution understood the
9th section 70 mean eEhctly Nbht haiu
courts fjy their actions have considered y
10 mean, which IL that with Ger.
tain exceptions the county tax conld
Dsd exceed one half OF The
state t.r- a. said state tax might be hxed
~ fbe legislature within the constitutional
limit IL 81 cents on the $40 valuation.
Fourfh-ssid legislative construction ,,
Uelieved % BE- an improper3b 1sirnctiOn ~
the wording Of sid SECTION The said stsie
-, y the ot,ahalf Of which the
comm. .siooeIs col I shs s.l.,,,,r ne isr