The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1883-02-08


1 read these authorities to show that
the bold declaration of the senator from
Cook, that tue law attempted to be re-
pealed was 4 new discovery" by those
who Invented II, Has no formation 10
fact. In the speech which ne viii have
printed Tomorrow q do not say which he
msde) IL Vii report bin as having said
that ~ the acts III 3eussed j. not repealed f,
IT shows that there are rights without a
re meoy, and that there's not 4 remedy
for every wrong. In one sense this Is
true and not at al unusual. Al appeal -
limited. IN mauy rase-. both civil and
criminal, and though the decisions may
be against law aut contrary to evidence,
there T. no remedy Now, in cases Of
executive department, there IL q remedy,
thopgh not through the courts.
One against whom wrong has been
committed has his remedy, by an appeal
To the people. Again, he can appeal TO
the legislature, the representatives. Of the
people.
By reason of the sovereign power OF u
state, it has always been held that a state
could not be -ued without its consent,
aud neither ought Its officers elected to
represent the executive power OF the
state, without it's consent.
The senator from Cook, IN the speech
as il will be published Il have seen the
copy for the printer will say, IN sub
stance, that the bill which be seeks to re-
pc Il had two objects-frst. TO sanctiiy an
eiection fraud; second, 10 operate as Il
plea In abatement to a suit in the federal
court In the Mercer colony case now
pending.
In reply will state that neither state
ment il supported ny the facts.
First. The bill was not passed "to sane
lily an election fraud" Instead OF this,
nj n hG of H..
state IN the right to have the officers adj
minister their affairs who are elected by
| them. just before tue time or the passage
of the act there was an election in this
state. Among others, there was con-
test for district judge In the eastern pOT.
ton OF the state. Democrat was elect
ed y about 2000 majority and was
ex ercisiag the functions OF his
office. IIste d of proceeding before the
state authorities, the defeated candidate
| begun proceedings before the United
| Sites courts to contest the election and
Gust the judge. The federal courts had
no jurisdiction and had no right to de-
! eide for the people or the state who were
| elected state, county or precinct officers
| Hundreds of the good eOple of Harm
| sou aud other counties were about to be
! dragged from their homes to testify IL
| the Illegal contest, and 1t was stated tina
/ il Hss threatened that every voter mi Oh
/ be carried to Jefferson 20 attend court
, TIL was during planting time, and wUulC
Alye almOst ruined the people, especially
| the farmers. Under these circumstances
tna legis AZURE passed the act declaring
that salaries and fees of officers should
not show bis right to the offc'
10y judgment OF the stat
courts, or by the certificate or com
mission prescribed by the state laws
The defeated csncida'e no longer invoked
| federal Interference, aud the otticel
elected by the people served them, AL,
the independence OF the people and statS
to choose their own public servants wal
preserved. And yet the senator iron
Cook Davis asserts before Us and tbs
I state that the legislature which passed
the act did so to satisfy an ectiOn fraud
/ aided In Its passage, snd like other
around me who did likewise, anu prou,
OF il; and was Influenced by that patriot
motive, which should rest Ia every Iegis
latOr's breast who undertakes to re- resen
the people, desire to protect the people
against outrage and oppression, and Il
save them from interference by AN un
friendly and unwarrantsbie power. Ge
the senator from Cook seeks TO reyers
ali this.
.. The senator from Cook Davis say
the set was passed 10 par, 4
operate as plea in abatement u
a suit In the federal court in the Mercei
colony case, and that when the counse
OF the state plead 1t or read it every one
ia court, from the judge down to the crie
aGi jurymen, laughed at him.
Yes, this is true, | suppose. The
iaus he'd at all the defences OF the state
The contract sued or had, nearly thlFt.
years before, been anDulled by 4 court o
competent Jurisdiction, and when thi
I insltf MT vs. n nj a apfi
it was OverruIed or laughed out OF court
And yet every lawyer knows that tudg
ment of a court of competent jurisdiction
cannot he eollateraily attached. and tina
II can only be set aside by Il direct pre-
cess commenced within the time pre-
serb by law. The state had elaine
the lands involved and placed settlers o.
them IN actual possession for thiity year
or more, and yet the plea Q
Limitation and state demand wa
laughed out OF court. The stat
had a good defense on the merits and
was laughed out OF court, suppose, toe
J 1t has been the uniform rule OF declsio
, by the supreme court Of the United States
from its organization down 10 the pre-
ent day, during both the times of IL
pnI@st and highest and its less enyiabl
J reputation. that IL would follow the col
| structiOn of the state constitution an
! laws given them by the state courts
Our state courts, our constitution and on
laws protected a member of the eXecutiv
, department from Injunction and maj
damus, and this at was in harmony wit
this view, and intended 10 aid in its Ell
forcement, and when presented the sci
atOr from Cool tOaVlsl seems 10 exu
with pride IN I'll . fact that IL was laug ne
J at by federal judges and courts, depuI
= m ,Tsh1is and Juries, and offers that as
4 reason for its repeal The act ought I
. be maintained. / trust the suprem
court of the United States Will CIV
: Texas fri hearing, and will administt
2 the law as understand it. In any ever
t the law is wise one, and | hope 1t wi
( not be repealed.
; The bill was defeated, only five sci
,. ators voting in the affirmative.
: Mr.. Pfeuffer called up his motion
reconsider the vote by which tn
senate Sunday law bill was defeate,
2 The vote was reconsidered, and tn
bill passed without debate by a vol
; of Is yeas to IA nays.
The special committee substitute
: relating to the fees of county judge
I county attorneys, justices of th
1 peace, sheriffs and conStableS for Sc
Y vices in examining trials, came u
| under a suspension OF the rules, an
: was passed. By provision of the bill
the fees of the officers are made d
pendent upon the grand jury findin
an Indictment against the accused.
SECOND SPECIAL ORDER.
Senate bill No. %, fixing a lin
! within which persons entitled to con
: mence suit for the recovery of re-
= property, or to make defense theret
! may do the same.
Bill passed; Is yeas, nays.
House concurrent resolution, r
| questing Texas senators and repreSel
. tatives in congress to aid in passin
: the law placing quinine on the fri
2 list was passed. Yeas, %; nays, 9.
t House concurrent resolution, r
r garding the appointment of d con
r mittee to visit the Alamo and Cola
t together with senate commits
amendment thereto, was called u
: and passed as amended.
j. The chair appointed MeSsrS. HI
' berg, Pope and Fleming on the cor
J, mittee.
= House concurrent resolution No.
n requesting senators and represent
: tives at Washington to secure the c
tablishment of quarantine station
!. st. Louis island, similar to that
e Ship Island, was passed
Mr.. Terrell presented resolutiC
!: instructing the sergeant-at-arms
r the senate to purchase Unite
{, States flag and to place the same
= the capitol. Adopted.
\ message was received from Il
= house, announcing that the house h;
" concurrpd in senate amendments