The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1883-03-29
PATT0N'S SPEECH.
Remarks OF Hon. :. e. Patton. OF I.aVara
County, In the state senate, Giving the
Reasons Which ImpelIed Him to Vote for
the Ratification of the Peaitentiary Lease.

Remarks OF Hon. :. 4. Patton, OF I.aVara
County, In the state senate. Giving the
Reasons which ImpelIed Him to Vote for
the Ratification of the Peaitentiary Lease.
| vote in favor Of the ratification of the
contract Of the lease, as modified, tor the
following reasons:
The law authorizes the lease Of the peni.
Tertiary and conyicts by the board who
have made this lease, and authorizes or re-
CURES the ratification OF the legislature,
investing the board with the power to lease
ami the legislature with the power To ratiiy
or amend, IN my judgment, investing the
legislature with NO higher powers or re-
| sponsibllty than that accorded to the SEN
ate, under the constitution andlaws, which
| authorize said body to give, or refuse. its
consent to appointments which the UXcCu-
tive IS authorized to make. In voting
upon question of consent to an
appointment made by executive power,
would not feel authorized to
Withhold my consent to the appointment
made. Tor the reason that some applicant,
In my opinion, better qualified for the posi-
ton, had urged his claims for the place,
| and for like reasons DO not feel warranted,
| under my construction of the law in this
present lease, for the reason that may sup.
pose or know that others would not offer
the state more than the present lessees
have agreed to pay.
further hold that the revisiOnary power
OF the legislature in this case should be eX-
| erciSed only when the acts OF agents in the
| premises have been SO hagrantly wrong as
to establish fraud, either actual ar con
structive, The courts will not set
aside judicial sale on account of in
adequacy OF price paid for property sold,
though this wONld claim the attention of
the court, and in connection with fragrant
acts OF dereliction on the part OF the states
agents, would warrant the setting aside of
the safe. In the case OF the present lease, /
have, after diligent enquiry, failed to dis.
cover any acts on the part OF the board, the
states agents, which, in my opinion, show
| fraud, either actual or legal, or even acts
which had IN fact u tendency to chill aud
diminish the price bid Under these CIR
| cumstances | hold that the legislature has
and should have no discretion beyond that
| which the courts exercise in cases OF Judi
oiai sale. am opposed to assumptions the
condition OF this conyicts, IN my opinion,
does not depend upon the question of re-
sumption or lease. In either event the
| majority of the conyictS cannot be confined
| Mithih the wits, put must nc nlfeu out TO
labor IN private enterprises ana under
| private supervision, and in either event the
| state has control of sand contracts Under
| the lease system the state has u certain and
liked contract, which relieves her of the
possible tinancia embarrassment in sus-
tanning the penitentiary aud convict sys-
TEN, and retains in her officers the control
OF her conycts. While resumption will
force upon the state an investment in
mechanical machinery, and the prosecu-
ton OF private enterprises through I'M
skilled officers and agents at great cost and
expense, concede that the advertisement
for bids by the penitcntiary board did not
sufficiently set forth the character of lease
made. Yet think the lease the best that
could have been effected at the time, and |
therefore give my consent to its ratification,
Horsfords Acid Phosphate