The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1883-01-18
Fourth Days Proceedings.
SENATE
AUSTIN. Jan. 10 1889.

wv OOOiCg ETcoluluSs dIlu dtll lie Scu
atorS but one present.
Prayer by Rev. r. K. Smoot. chap
laln-O Lord, Thou who art lifted VI
dwelling IN light which is Inaccessible
and full of glory; Thou who art tn
ruler over men, We pray that tn,
blessing may be upon this body thi
morning. We pray Thee. our Father
to bless its presiding officer and it
members; and we ask that Thou will
be with sick member of this body
restore to him his health. and brin,
him again to his duties. Guide then
IN their deliberations, and finally say
them, for ChriSt'S sake. Amen.
Reading of the journal was dis
pensed with, on motion of Mr.. Mat
lock.
Mr.. Houston desired the report o
bill, introduced by him yesterday
published on the page 10 of the jour
nal changed to read, ito amend chap
ter l, title 62 revised statutes"
No petitions or reports from stand
Ing or special committees were pre-
scented.
BILLS AND RESOLUTIONS.
By Mr.. Davis: Resolved, That /;
committee of three be appointed t
confer with a like committee from
the house to arrange the time, place
and manner of opening and publish
ing the returns mentioned in sec
ton 3, article of the constitution.
| Mr.. JoneS-I did not hear the reso.
luton.
Resolution re-read and adopted, and
Messrs. Davis, Houston and Gibbs ap-
pointed on committee.
By Mr.. Chesley: Resolved, That
the committee on state asylums be re
quested to ascertain at as early a day
as practicable, what further legisla.
ton is necessary to make the lunatiC
asylum adequate for the wants of the
state; and to report by bill, or other.
wise. Adopted.
From the governor: A message
relative to the Greer county claim.
BY Mr.. Chesley: Joint resolution
amendatory of section article Z OF
constitution, authorizing the collec.
ton of an annual poll tax OF 50 and q
tax of not less than fifteen
cents nor more than TWENTY-FIVE
cents on the 800 ad valorem value OF
| property; provided, that the legislature
may by two-third vote of each house
reduce the minimum ad valorem tax,
when the same, in connection with
the poll tax ard interest, deriVable
from the public school fund, is more
than sufficient to sustain al efficient
| system of schools of not less than six
months in the year.
Also, amending Sec. 10, Art. IL, of
constitution, authorizing the legisla-
ture to constitute any city, town or
any territorial subdivision of a coun-
| ty created by the commissioners court
| or other competent authority for
school purposes, a separate school dis
trict, which city, town or territorial
subdivision of a county may by a
two-third vote of the property tax
Payers thereof, voting at an election
held for that purpose, levy and collect
such special tax for free school pur-
poses as may be provided by law.
BY the foregoing resolution the gov
ernor is to be requested to submit to
the electors of the state the proposed
amendments, at an election to be Or
dered on the first Tuesday in August,
1888, in accordance with article IL of
the constitution.
By Mr.. Traylor: A bill containing
the following provisions in reference
to fees of county judges, justices of
the peace, sheriffs, cOnstables, district
and county attorneys: In cases where
county judges and justices of the
peace shall sit as committing magis-
trates in felony cases they shall be en-
titled to the same fees as allowed for
similar services in misdemeanOr cases
to justices of the peace, and ten cents
for each 100 words of testimony re-
duced to writing, to be paid by the
state, the fees not TO exceed, in any
one case, So.
Likewise, sheriffs and constable, for
serving process and attending exam
nations in felony cases, to receive
the fees fixed for similar services in
cases of misdemeanor-the costs in
none to exceed S..
Further: Emitting district and
county attorneys for attending and
prosecuting felony cases before COM
uniting magistrate, to fee of $40.
Also, bill establishing and direct
ing the laying out of roads from one
county seat to that of the adjoining
county, such roads to be "frst-class"
roads, to be kept up by the county, and
the owners of enclosed lands through
which the route is laid out, to have
move the enclosures obstructing the
road, being liable in event of failure
to a fine of 500 for each day such
road shall be DISTRACTED by such lille
gal obstruction. Referred.
By Mr.. Kleberg: A bill providing
that when any action or de-
Tense is founded upon an
open account, supported by affidavit
of the party, his agent or attorney,
taken before some officer authorized
to administer oaths, to the effect that
such account is within the knowledge
of the affiant just and true; that it
is due, and that all just and lawful
offsets, payments and credits have
been allowed, the same shall be taken
as prima facie evidence thereof, I'M
less the defendant shall at least one
day before the trial file written de-
NAL under oath, stating that such ac-
count is not just or true, in whole or
in part, and if in part, only stating the
items and particulars which are
unjust. Where he fails to
file such affidavit he shall
not be allowed to deny
the account or any item therein, as
the case may be. 1t Is provided, how
ever, that the bill shall not apply in
suits against executors and admins
traitors.
Also, bill requiring that when the
same defendant has been convicted in
two or more cases, and the punish
ment assessed in each case is cOnfine-
ment in the penitentiary or county
Jail for term of Imprisonment, judg-
mpnt and Santanca shall he rendered
and pronounced in each case in the
same manner as if there had been but
one conviction, except that the judy
ment in the second and subsequent
convictions shall be that the punish
ment shall begin when the judgment
and sentence in the preceding convic-
tions have ceased to operate, and the
sentence and the execution thereof
shall be accordingly.
By Mr.. GetZendaner: Joint resolu-
ton fixing the county tax. at twenty
five cents on the 800 valuation. BY
the present constitutional provision,
the county tax cannot exceed one-half
of the state tax.
BY Mr.. johnson, of Collin: A bill
making it a misdemeanor for any per-
son, without the consent of the owner,
to enter upon any enclosed land of
another and carry gun thereon, or
catch fish from the waters thereof.
By Mr.. Evans: A bill providing for
the payment of the fees of county
judges, sheriffs, justices of the peace,
constableS and district and county at
torneys.
By Mr., Evans: A bill the object of
which is to permit either party in di-