The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1883-04-05
Sixty-Seventh Days Proceedings.
SENATE.

| to draft an address to the people of the
state setting forth the leasons for pro-
posing the various constitutional amend
ments enacted by the present legislature,
Messrs. Shannon. Stratton and Fleming.
On motion of Mr.. CLesley, the senate
insisted on Its amendments to house
joint resolution No. 4, 10, IL and l3, in
reference to the school tax.
The chair appointed on the committee
of conference Messrs. Chesley, Martin
and leming.
Mr.. Martin called up house concurrent
resolution, fixing the 9th of April as the
date for final adjournment OF the leCisla-
ture-
Mr.. Buchanan moved that the resolu-
tion be made special order for Wednes.
day next, after the morning call. Car
ried.
Mr.. Davis called up senate bill No. 6s,
confirming certain moneys by virtue Of
head-right bounty warrants issued under
laws enacted after March, 1870, and prior
to April II, 1S76-with house amend
ment thereto. Amendment concurred
in.
Mr.. Traylor: Amendment striking out
in section the words ''In approving the
changes therein required already by the
senate" Adopted.
Mr.. Patton, opposing the resolution,
said he had thought he would vote for the
resolution. but alter due reflection be de-
clined to give the resolution his support
The subject of cancelling or ratIfying
the lease had been before the senate, but
was now out of the Jurisdiction of the
senate and.in possession of a coordinate
branch Of the legislature, and any action
the senate might take upon it would serve
merely as a threat to the house. Ii action
upon the matter should be repeated he
would adopt the same course of conduct
he had pursued on the first occasion.
Mr. Johnston. of Shelby, opposed the
resolut on, but was in favor OF the reso
luton that passed the senate. This r, So
luton is beyond the jurisdiction OF the
senate. The judgment of the senate was
expressed and its expressed form was
sent into the house. The house, up to
this time, has taken no action upon II,
but the subject matter is in the iurisdic-
tiOn of the house. Notwithstanding this,
here is resolution to cancel the action
of the senate In this matter, and telling
the house that If it does not accept the
resolution in the form the senate wants
it, the lease is cancelled. A precedent
could not be found in the history of leg
islation in this state for such action. II
the house failed to pass the resolution,
or passed it in different form from that
in which l: passed the senate. It could
follow the course OF other bills and be
reached by the appointment of a commit
tee of C inference. He saw no use for an
excertion in this instance to ordinary
legislation. If the house refused to act
upon the resolution sent them by the sem
ate, they would not act upon the one now
proposed. Should the resolution be re-
jected by the house he would then be free
to SUI port the resolution.
After the defeat or adoption Of the reso-
luton would be time TO consider the
pending resolution. 1t is not the friends
of the penit ntiary lease who ..are de-
laying the consideration of the peniten-
tlary resolution In the house, but the
enemies of the lease.
Mr.. Perry approved the resolution.
Dir. Peacock said he would be willing
to vote for the resolution at the proper
| time If 1t were in proper shape, but he
would, in any event, oppose the Iesolu-
ton in its present form. He thought the
house should be permitted to dispose OF
such business as is In their power and
take such action upon the resolution as it
may see fit without being hampered by
the pending resolution. The pamphlets
alluded t05y Mr.. Davis as having been
distributed in the house, and contained
the speeches OF Ihe>senators who sup
ported the lease, were printed simply by
the members Oft senate who voted for
the ratification OF The lease, in order that
they might inform some Of their constitu-
ents aud friends of the form of the lease
that they had voted to ratiiy. That is it a
fact that we were treated unfi ir-
ly and unjustly in this matter
by the press. That it was fact that the
position of the sixteen favoring modi-
fed lease was persistently misrepresented
by the press. That it was also a fact that
they were treated unfairly and unjustly
| by SO 8 e of the senators in their reference
to the lobby, and that the speeches of
those opposing the lease had been pub
lished by the press while those of the
members favoring the lease had not been
published.
Mr. Martin-The speeches as published
In that pamphlet, are they not the same
as appeared in the papers Of the same?
Mr.. Peacock-No, sir.
Mr.. Martin-Were the speeches made
on the floor of the senate those in the
pamphlet or those in the papers?
MIR. PeacOck-I think the senator un-
| derstands me, be was here. His speech
appeared in the STATEsMAN; mine did
not appear there.
Mr.. Gooch said:
The joint resolution providing that unless
| contracts, with such amendments as may by
agreed upon, is under consideration. had
| hoped, and had reason to believe, that this
resolution would meet with no considerable
| opposition. About week ago, when this was
reached. l joined with large majority in post
pOning its consideration, IN order to give the
| OLutT UTdncu Vi Tile nltSlSldluFe redSOndDle
| time to consider the resolution already sent
them on this subject; but it has not been acted
upon; From some cause it has been post
33Sged 3Sg Il from is s believed BY %e naa majOrtS hS
of this body and a number of eminent
lawyers of the state, that the power of the leg
| islature to revoke or modify the ffteen-year
| lease will cease with this legislature. The
law, while ambiguous, evidently means this.
If this be its proper construction, and am
now inclined to so view 1t, we will be as dere-
1 1iQff in dtrfxy tn fla Qfafa and ffc into
| by adjourning without action, as If we ap-
| proved the original lease contracts by posi-
| tive vote. More than twO-thirds Of this body
| believe the original contracts radically wrong.
| not willing to put The result of their
| deliberate judgment into legislative action
| into law? The only reason given Is, that
there is time enough yet. l agreed TO post
ponement for week on this ground. Now
that that time has expired, the same argu-
| ment is again presented. We are approach
| ing adjournment. This resolution must be
read three several days In each house. No
definite time is proposed for certain action
and whatever may be the intention Of The ad-
| the same-the probable defeat of action
| and by non-action a ratification of the
e8s No Mr. pTesden a that IS
not the way, in my judgment, to do. SO far as
| am concerned am for immediate action, so
that If the leases are not ratified the law shall
be, that instead Of the I5-year lease being ap-
| proved, they will be revoked; and l would
| rather this resolution would be defeated by a
| positive vote than by delay and pOstpOnement.
am profoundly impressed with firm convic-
ton that these contracts are unwise and det-
| rimental. and l cannot longer consent to q
| course that may result in perpetuating them
and earnestly hope the senate will act, and
| act now.
Mr.. johnson. of Collin, stated that he
arose merely for the purpose of making q
few remarks about newspapers and him.
self. As to the first he stated that NO
living man would expect of them to tell
the truth, and that as to himself he was
the most ignorant man In the senate.
That some one had published In the Fort
Worth Democrat statement that he had
been seen in the private room OF Gun.
ningham and in company with kegs OF
beer, demjohns of whisky, etc. Thai
he was not even acquainted with the
gentleman alluded to before voting on
the lease, that the report was false and
the newspapers beneath his notice. That
he saw no brandy, and as to cigars he
never had one in his mouth on earth, and
God forbid that he ever should. That be
never drank, never conferred with lessee:
ner used cigars.
This synopsis, though condensed, 1,
comprehensive
Mr.. Getzendaner moved to postpone
consideration OF the resolution and make
1t the special order for Tuesday after
the morning call. He said:
favor the Joint resolution now under dis
cussion; and in the event Of the failure Of the
house to take action on the senate concurrent
resolution ratifying the penitentiary lease
anxious to pass at once this joint resolution
But to urge action on this Joint resolution al
this time Is to handicap senate concurrent
resolution now In the honse. and might BE-
construed as an atrempt to influence the ac