The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1883-01-25

Win ouDoOAOuJC, uA11lS Tic pcuSlOu dC \
$50 and setting forth the steps nee
and establish the claims of applicants.
The committee recommended that $50
copies of the report be published.
On petitions of 4lesSrs. Bowles,
Gouber, Davis and Moore asking for
pensions, the committee report that
they will frame a bill providing gen
orally for such cases.
On petition of ChaS. ID. 5. Combard
for pension as veteran of Texas navy,
the committe reports adversely.
On house bills Nos. 80 and 141, rela-
tive TO compensation of assessors, the
committee reported, with amendment.
Also, with amendment, on house
bill No. 104 relative to the fish and
game law.
Mr.. Upton in the chair.
Mr.. Mckinney, chairman of COM
mittee on education, reported:
On house bill PIP, to pay claims of /
superintendent and directors of pub
lie free schools prior to September,
1876, that the bill be referred to the |
finance committee.
On Mr.. Etheridge's bill, to purchase |
10000 copies of school books con-
tanning only the constitution of the |
United States, the constitution of |
Texas and penal laws of Texas, the |
committee reported adversely.
Mr.. Labatt, chairman of commit |
tee on commerce and manufactures, |
reported on house bill SO, relative to |
duties of public weighers, with amend
ment providing for five in Galveston
county.
Mr.. Chambers, of Tarrant, chair
man of committee on county govern
ment and finances, reported favor
ably on house bill requiring
transcripts of county records; and
Unfavorably on house bill forty
five, to provide office room for JUS
tees of peace.
The several committee reports were
adopted.
Mr.. Woods, chairman of committee
on privileges and elections, reported
adversely on house bill 161, to amend
article 1902, chapter 4, revised stat
utes, because the measure of relief is
not practicable. Report adopted.
On the contested election case of
Cotton VS.. Gass, the committee pre-
sented lengthy report with testi-
mony, reviewing the evidence, and
offered resolution declaring that the
contestant, Hon. G. w. Cotton, has
been duly elected representative to
the eighteenth legislature and is en-
titled to the seat now occupied by Mr..
Gass, and that he be sworn and seated
as the representative of the district
composed of the counties of Coryell
and Hamilton.
Speaker in the chair.
The act to withdraw public lands
from sale Was reported signed by the
speaker.
The protest on the part of Mr.. Gass,
| who is absent from the house, protests
against the adoption of the report of
committee on the ground that it is
not based on the best evidence, such
as the ballot boxes themselves, and
| other evidence, which might be pro-
duced.
Mr.. Scott moved to postpone the
matter till IL a. m. Thursday, when
Mr.. Gass could be present.
Mr.. Cochran-He was here, and
knew the decision of the committee.
Mr.. Taylor-Mr. Gass said he was
compelled to go home. 1 told him the
| house would probably not wait longer
than to-day. He would move to make
the report the special order of the day
for 10 a. m. Thursday.
Mr.. Scott accept the amendment.
Mr.. Foster, of Grayson, thought the
showing of the evidence was strong
against Mr.. Gass, but was disposed to
| postpone till tomorrow, so the gentle
man could be present.
Mr.. Taylor's motion was lost, and
Moursund moved to adopt the resolu-
ton of the committee.
Mr. nO1nIaCC oro,,aI no rryb;Ia bo
evidence might be sufficient for the
committee, the house should not act
without hearing the evidence, and he
would make a motion to that effect.
Chair-The question is to adopt the
resolution of the committee.
Mr.. Moursund said that for the pur-
pose of enlighening the house he
would review the course pursued by
the committee: Mr.. Gass was invited
to be present, and asked a postpone
ment, which was granted till Wednes-
day and again till Thursday. On Sat
urday application was made for leave
to send for the ballot-boxes.
useless, as the estimates of Coryell
county, taking in Hamilton, showed
that Mr.. Gass was not elected by four
votes. The clerk who had the boxes
was dead, and the county judge said
that on the day of election he did not
examine and could not say whether
the returns were changed or not. 1t
was plain matter before the commit
tee, simply taking from one and adj
ding to the other where the returns
had been changed.
Mr.. Scott-By what means did the
1 r11nnitfoa aSnnrf o. in that % bod
been made?
Mr.. MourSund-I will come to that.
Eight precinct officers all testify about
the same. He read the testimony of
one of them showing how changes
had been made in the original returns,
which he recognized by his signature.
Where Gass received twenty-five
votes, for instance, and Cotton twenty
votes, the figures were changed to
thirty for Gass and ten for cotton.
The county judge examined the re-
lures and sealed them, and it was
plain that Cotton had received ma
| jority in the county of LA votes. On
these facts the committee refused to
have the ballot boxes brought before
them. The committee concluded
that any man who had the
IoLuoIlGy W change Iu6 I6IuIuS WOulu
not hesitate to change the ballots to
correspond with the poll lists and
tally sheets. We concluded that the
ballots would not afford more evil
dence, and that the demand for them
would merely effect delay in keeping
the contestant out of his seat tempo
rarily. For this reason we agreed to
report as we have, so that Mr.. Cotton
would not be kept out of the seat to
which we were satisfied he was justly
| entitled.
| Mr.. Mckinney said it was evident
that the gentleman had been kept out
of his seat by fraud or forgery of
somebody, and moved that the clerk
read the evidence taken before the
committee.
Mr.. Douglass said he didn't propose
that we act on the report of the COM
mittee without hearing the evidence,
especially as Mr.. Moursund eX-
planned that the ballot boxes
were not brought before them
If the ballots showed that Mr.. Gass
didn't receive the votes credited to
him, then he would favor unseating
Mr.. Gass. He would not vote to un-
seat any member simply on the show
ing of the officers. Go to the ballot
boxes then we will get at the truth.
Mr.. Swan-The man who kept the
ballot boxes is dead. Is there any rule
| nv which INV offioar oan ba ra01irad