The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1883-04-05

$45 600 appropriation.
Mr. Hill.Yrs, and that was good vote. 1t
would be strange, indeed, if voting faye" all
the time did not hit right occasionally. Now
MIR. Speaker, the gentleman from Gal
weston says he is in favor of the lease,
because Gov. Roberts, Gov. Lubbock and
Col. Goree say the contract should be
ratified. Speaking for myself will say nei-
Their the governor of Texas or any other man
can pocket me. Will bow to reason, logic and
philosophy when by t am convinced that my
position is erroneous, but nothing less can do
II. My constituents are too intelligent to send
me here to capitulate at the nod of any man.
| am opposed to the ratification of this lease
IN any way, and especially opposed to the con-
current resolution of the senate under discus
sion. By general law of the Seventeenth legis-
lature, a board, called the "Penitentiary
Board, f" is empowered to lease the penitentia-
ries OF Texas. By the same law every lease
shall be subject to the approval or revocation
Here then is grant of power directly to the
penltentiary board, and in no other body. to
lease the penitentiaries; and by the same law
approve or revoke akepOT the lease. The
a and. therefoTs: 6y an 4. elementary an'
of lease is incomplete until the legisla-
ture approves it; the powers are well defined,
and until the law is repealed the legislature
cannot make lease, for the very, good reason
| that the law-making power has placed the au-
thorfty to lease in the penitentiary board.
| With the law unrepealed, can draw no other
| deductions from it. The senate resolution is
| III direct cOntraventlOn OF the powers dele
| gated to the penitentiary board; so attempts
to amend the lease is virtually to make a new
| one.
The lessees are informed that the lease they
entered into with the board is ratified and
affirmed, with the following provisos and
| amendments:
Provided, That the aforesaid lease shall in
no event be of longer duration than ten years
| and the said leSSeeS, with their bondSmen OF
with other bOndsmen, shall, within thirty days
from the time the last vote is taken on this
resolution in either house, file in the office OF
| the secretary of state written acceptance OF
each modification and of the whole contract
as changed and modified; otherwise SAID con-
| tracts shall be and are hereby revoked.
2. Also, provided further: That the amount
of money paid by the state for transportation
of cOnvicts to the penitentlaries during the
years 1883 and 1884, shall be placed to the
credit of the state, by said lessees, to be by
them paid back to the state at the termination
of said leases.
| g. Also, the following provision: At no time
after the first day of January, 1885, shall the
| leSseeS have the right to work or permit any
Of the convicts belonging to the penitentiary
| to be worked upon or in the construction OF
| any railroad or other public works.
! l. Also, the following provision: With the
express condition that no convict shall be
| employed iD any city in this state outside OF
the penitentiary or in the performance OF any
mechanical work or trade outside of the peni
| tertiary walls, nor shall they be employed III
| the erection of any public buildings belonging
to the state not connected with the peniten
| tiary; this prohibition shall not extend tC
| working at industries for manufacturing iron
nor to building penitentiaries or reformato
ries."
If we can thus modify and amend the lease
we can make new one, which latter propO
| sitiOn surely will not be cOntended for.
This legislature then must either ratify OF
revoke the lease as whole, and If we fail tC
| act then the lease is approved.
Mr.. Chenoweth-Dcy you say that we cannot
modify the lease: that we have not the power
to compel the lessees to accept the lease a:
modified by the senate by saying II you d.
not the lease is revoked?
| Mr. Hill-NO, sir; we have no such authority
| We may assume to ourselves such prerOgatlve
and pass this resolution; but, SIR, That VII
neither make il law or right. The powers Q
the board and the legislature are sharpl,
drawn, and we can assume to ourselves no sucl
authority. A resolution cannot repea
| a general statute, and until TIL
statute is repealed, it stands as the law, AM
must be enforced. Nothing but a statute vii
repeal a statute, is the language OF Sed Sewlcl
an authority on this branch of the law. TIL
penitentiary board have exhausted their au
thOrity as to this contract, and we must d.
our duty. This being then the attitude OF TIL
contract before this house, we should not ap
prove it for fifteen years; The lessees hav.
virtually acknowledged that they have the ad
vantage in the contract as they now appear
remarkably willing to take the penitentiarie
under the lease OF the senate as contained II
the resolution. Yes, doubtless they would
submit TO much less time than ten years, AM
allow other money provisions. This should
decide the question, IL appears TO me.
There are 1851 cOnvictS hired out on farm
and railroads, with an annual income of S3i3,
96s. The net profit Oh these alone will supper
the COO within the walls and pay yearly mucl
larger amount into the treasury than by TIN
terms of the modified lease.
On page IA, senate journal, will be found al
able report by the minority of the peniten
tiary committee on this subject. wherein it /
shown by facts and figures ina, the STATE vii
gain dnet profit over the lease in fifteen year
i Of 81, $3.50.
board decide, as it has the right to do, wheth
er we shall resume or not. Well may tn
lessees eVince SC much interest here in having
the lease approved, for 1t Is bonanza u
| can't understand why we should look afte
the interest of the leSsees, for by the terms o
this lease it seems they know well how to lool
after their own interest, and 1 do not blam
them for it, but l intend 20 see that the stat
is protected in so far as my vote will do it.
Pending further consideration tn,
house adjourned till 3 p. m.
AFTERNOON SESSION.
Speaker Gibson and a quorum pres
ent.
Mr.. Merriwether, the key who wa
wanting the evening previous to I'm
lock the deadlock in the proceeding
on the penltentiary question, wa
present at both morning and after
noon sessions.
THE PENITENTIARY BILL.
The house resumed consideration o
this bill, the question being tn
amendment of the minority report t
strike out ratification" and inser
revocation" so as to cancel tn
leases of the penitentiaries.
Mr.. Upton spoke in favor of tn
lease, contending that the law of tn
Seventeenth legislature looked en-
tirely to the lease system, and tina
there was no provision in that law b.
which the state should take charge o
and run the penitentiaries. He cite,
as authority extracts from page 80 o
the general laws of the Seventeenth
legislature, by which, he said, tn
power to rescind was placed in tn
governor and penitentiary b ard. H
cited further from the circular of Su
perintendent Goree as to the facts o
the advertising for proposals, and tina
before the board got any bids the
hafcontracted for 1910 convicts of
certain character. As these wer
leased before the present lessees too
CHARGE resumption by the stat,
would not release it from the origina
contract, and the convicts insid
would consume the profits of thos
worked outside the penitentiary.
Mr.. Cochran followed Mr.. Upton
giving several substantial reason
why he opposed the lease.
A message was received from tn
governor during the remarks of MI
Ayers, who followed Mr.. Cochran.
Mr.. Ayers made strong argument
against the lease system, combattin,
the position of Mr.. Upton, and dem
onstrating by figures the advantage
of resumption. The effect OF the leas
was to give to the lessees the who'll
penal servitude of the convicts ant
place the prisoners under the contro
of the lesSees.
The following message from Gov
Ireland and accompanying. communl
cations were read:
Gentlemen-I am in receipt of a communl
cation from MesSrS. Cunningham & Kills an
Morrow, Handy & Co., which herewith trans
nit. So soon as the pen1tentlary board ca
be convened, / will transmit to your HONORABLE
| bodies an estimate that will be necessary 4
reimburse the lessees for moneys expende'
under the leases now abandoned.
/ also desire to earnestly impress upon tn
legislature that the management OF the peni
] tentiaries by the board, as now constituted, i
awOrk of great labor and the consumption o
| a great deal of time by the members. over an,
above the constitutional duties imposed on it.
members; and that. in my judgment, 1t is tn
clear and imperative duty of the legislature 4
say, in terms that cannot be mistaken. hov
and in what manner the board shall manag
these penitentiaries.
i. Shall the convicts be placed inside tn,