The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1883-04-05

and unjust to the majority. We
Z didn't propose to instruct the board rs
/ to their responsibilities under the law,
and were ready to hear suggestions
from the governor. He concluded by
moving the previous question.
Mr.. Upton said he didn't feel any
longer that he was in any minority.
Mr.. Foster withdrew his motion.
Mr.. Upton thought that under Mr..
Fosters idea the resolution should be
postponed. He had lost sight of any
| questions as to the majority or the
minority in the matter.
Mr.. Mckinney agreed with Mr.. Up
ton in this. There was no longer any
| lines to be drawn as to the former ac-
ton of the members in this matter.
For one he was prepared to take upon
himself all the esponsibility of the
presumption as to the action of the
majority in the triumphal march to
complete success, though he felt that
he had no more responsibility in fact
than thej minority who, like HIM
self, had acted according to their con-
VictionS as to the interests Of the
state. The board and governor, too,
as patriotic citizens had doubt
less done what they thought best
to execute the viii Of the people.
Mr.. Mckinney concluded by NOV
ing that the resolution be referred to
the committee on penitentiaries.
Mr.. Chenoweth said he didn't
know that he was opposed to the
proposition. 1t might be best under
the present views of the house. No
men as a majority knew how any as
a minority now stood. After allud-
ing to what might have been the
course of the minority in formulating
amendments had they not been ar
rested by the trilmphal march of the
majority, Mr.. ChenOWeth CONCLUDED
by going outside of the resolution and
discussing the merits of the question.
Mr.. Armistead said it was not the
wish of the majority to prevent the
minority from making their express
sions. He was willing to accord them
the privilege even of written express
sions of their reasons if they desired.
He had no objections to the resolu-
ton going to the committee on peni-
tentiarieS and trust there will be no
further bitter feeling in the matter.
The resolution was referred to the
committee on penitentlarieS.
NIL Ay tGo OiiSIEu lCSOlIplOIlo WHICH,,
after citing the substance of the sug-
gestiOns of the governors message,
and declaring that the act of the sew
enteenth legislature (the penitentiary
law furnishes full information; there
fore
Resolved, That it is the sense of this
body that if the penitentiary board
shall find it necessary to lease the pen
itentiaries, or either of them, or hire
the convicts. or Il portion of them,
that said lease shall not be for
longer period than five years.
Resolved, That it is the declared pur-
pose and policy of this state that the
largest number of state convicts that
can be profitably employed and COM
fortably accommodated within the
prison walls shall be confined therein
as soon us practicable.
Resolved, That it is the duty of the
legislature to make such apprOpria-
lions us may be necessary to enable
the penitentiary board to carry out
such purposes and policy in an ener
getlc manner.
The resolution was referred to the
committee on penitentiarieS.
Mr.. l'endletQn called up the joint
resolution No. 2 from the senate fix
ing the rate of the tax for school pur-
poses, and providing for the district
school system by local tax.
The subject was discussed by
Messrs. Ayres. Taylor, Dennis and
Nash, when Mr.. TilsOn moved the
previous question, being the amend
ment proposed by the committee to
strike out six months and insert five
months.
The amendment was defeated and
the resolution was passed to third
reading.
Mr.. Moore, of McLennan, called up
from the journal the motion to re-
consider the vote by which house bill
1oS was ordered engroSsed, and moved
to lay the motion to reconsider on the
table. Carried.
Mr.. MOurSund, of Rlanco, called up
the motion to reconsider the vote by
which the section of the general
judicial district bill affecting his dis
trict was rejected,
The matter was discussed by Messrs.
Moursund, Mcbride, Rosenthal and
others. After some amendments the
bill passed to third reading.
The house resumed consideration of
the business pending from adjourn
ment, being the Patton substitute
which was adopted for house bill No
300, admending article 1927 of the
revised statute concerning railroads
so as to provide us follows:
Article 1927. In case of the wilful
refusal by such corporation, or their
agents, to take and transport any pas
senger or property, or the wilful or
negligent failure to deliver the same,
or either of them, at the regular or
appointed time, such corporation shall
pay to the party aggrieved all general
and special damages which shall be
sustained thereby, with costs of suit.
Amendment by Mr.. Foster, of Lime
stone, was lost.
The question was discussed by
MessrS. ArmiStead, Foster, of Gray
son, Foster, of Limestone, Hill, Up
ton, Swan and Nash, and amendment
of Mr.. Hill was adopted. providing
that special damages shall be so con-
strued as to embrace reasonable
profits.
The bill as amended was passed to
third reading.
Mr.. Patton offered resolution pro
Vlulng LnaL Sucn important measures
as the land and penitentiary ques-
lions and constitutional amendments
have preference over local bills during
the rest of the session. Laid over I'M
der the rules.
House adjourned till 3 pm.
AFTERNOON SESSION.
Speaker Gibson in the chair and a
quorum present.
On motion of Mr.. Swan the Sunday
law bill was taken up, and senate
amendments were concurred in.
On motion of Mr.. Foster, of Lime
stone, senate amendments were also
concurred in to the bill relative to
assignments.
The house refused to concur in
senate amendments to the bill fixing
fees in Office of secretary of state.
Senate amendments to the sheep in
spection law were concurred in.
Mr.. Mathews called up senate bill
No. AZ, to prevent hunting with dogs