The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1883-03-15
XVIIIth Legislature.
Forty-Eighth Days Proceedings.
SENATE.

EOIll 'EISut Dal AIOCOCuihSos
SENATE.
AUSTIN, March Z, 1883.
The senate met at the usual hour
Hon. A. w. Houston presiding, and a
quorum present.
On motion of Mr.. Pope, the journal
was not read.
Mr.. Stratton introduced a bill au-
thorizing the creation and construc-
tion of ship channels, canals, wharves
and bulkheads along the Texas coast.
Referred.
SPECIAL ORDER.
Senate concurrent resolution con-
firming the penitentiary lease, Mr..
Davis amendment providing that the
state could annul the lease and re-
sumo control of cOnvictS at any time,
pending.
Mr.. Martin, opposing the lease, said:
Mr.. President, / wish simply to
state some of the reasons that have
actuated me in voting, as | have done,
against all amendments to the pend
ing concurrent resolution ratifying
the lease of the penitentiaries, and
which shall determine me to vote in
the negative on the final passage of
the resolution. When ! came to Aus
tin. it was with the disposition to
ratify the lease. The fact that it had
been made by Governors Roberts and
Lubbock and Capt. Goree, acting as a
penitentiary board, satisfied me that
there was certainly no fraud in its
execution, and afforded a strong pre-
sumption that it was the very best
contract, viewed from a pecuniary
standpoint, that could be made for
the state. But determined to with
hold my Judgment, and any expression
of opinion, until | had heard the
matter discussed fully, pro and con,
by the members of the committee on
penitentiaries, advocating the major
ity and minority reports respectively.
The discussion has taken place, and
| have reached a conclusion satisfac-
tory to myself, whether it is to others
or not. The reasons that principally
influence me have not been touched
upon at all by other senators, and in
so large a body of able lawyers | ex-
press them with much hesitation, be-
cause my objections are principally of
a legal nature. | ask to be set right
if am wrong.
We have been discussing a concur
rent resolution, which Is intended to
ratify the lease Of the penitentiaries,
and amendments have from time to
time been proposed to the contract of
lease and adopted. The law regulat-
ing penitentiarieS, section 20, page 4S
laws 1881, reads thus: Each lease of
the penitentiaries shall be for some
definite term, not to exceed fifteen
years, after public notice by ad-
vertisement in at least three
newspapers in the state, and shall be
executed by the governor with the con-
currence of the penitentiary board,
ETC." Again in section 72 of the same
law we find this language: Every
lease shall be subject to the approval
or revocation of the first legislature
thereafter convened, ETC." And in
section 1S these words: "ln the exc
cutiOn of any lease the penitentiary
board may make such other stipula-
tions and agreements not inconsistent
with the provisions of this act. ETC."
Have the senators thought of difficult
ties that may spring up in this mat
ter? Suppose the senate approves
the lease, and the house wish to re-
yoke, what is the status of the lease :?
Can we have committee of confer
ence on a concurrent resolution
Suppose the two houses agree in their
action upon the lease, has the gov
ernor the veto power? The law
makes him member of the peniten-
tiary board. These are questions and
considerations which. in view of their
possible Importance. l merely suggest
to the senate, and leave them to de-
termine whether or not concurrent
resolution meets the necessities of
the case, and whether we may not be
doing vain thing.
L contend that under the law just
read that this legislature can do NO
more than approve as whole, or re-
ject as whole, the lease presented
for our consideration This is the
reason ! have voted against all
amendments offered, though l was
satisfied that such amendments tend
ell very much to improve the lease so
far rs the interests of the state are
concerned. Not one word is said in
the law about our right to change or
modify the lease. 1t is declared that
the governor shall make the lease
with the concurrence of the paniten-
tiary board, and the legislature shall
approve or revoke the same. Not
withstanding the plain letter of the
law, we have been adding amendment
after amendment to the lease, until it
is in fact New lease. But the other
islature made the laws of 81,
and this legislature being of equal
dignity are not bound by it, or may
pursue such course as we think best.
l reply that concurrent resolution
is not of equal dignity with law.
Our constitution requires all laws to
be passed by bill and that no bill shall
have the force of law until it has
been read on three several days in
each house, and after its passage by
both houses, presented to the governor
for his approval. This is not the
course of concurrent resolution. i
ask the senate to think for moment
of the singular position we are occu-
pying. Notwithstanding the require
ments of the law, which provides that
the governor shall make the lease
and the legislature approve or revoke
the same. we are actually engaged in
making a lease and, according to the
amendment offered by the senator
from Shelby, submitting the same to
the lessees for their approval or re-
lection and giving them thirty
days to do so. More than
this, much has been said
during this debate about the manner
in which the contract was let to Gun
ningham & Ellis and Handy, Nor.
row & Co. Many senators have said
they could not and would not support
this lease, because there was no such
public notice by advertisement as the
law contemplates; that it was let tC
these parties in an eX parte manner
and others had no opportunity to bid
And yet we are engaged now in form
ulating the terms of lease for the
benefit of Cunningham & Ellis anC
Handy, Morrow & Co., regardless o1
how many others may be wanting tt
offer their bids for the penitentiaries
We are doing the same thing we con
denim in the penitentiary board.
| 1t does not follow at all that th'
state must resume control of the pen
itentiaries if this lease be re
voked. Under the law organ
izing this board their pOwe
is not exhausted by the first attemp
to execute lease. Let US reject thi
lease; let the board advertise tn
| terms of the lease, as required by law
and let the contract be awarded t.
the best bidder in such manner a
to silence every question as to its fair