The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1883-03-29
Sixty-First Days Proceedings:
SENATE.
AUSTIN, March %, 1883.

!
Hon. A. w. Houston presiding and a
quorum present.
Prayer was offered by the chaplain,
Rev. DR.. Smoot.
On motion of Mr.. Shannon, the jour
nal was not read.
REPORTS OF STANDING COMMITTEES.
Finance.-Mr. Pfeuffer, chairman,
reported favorably the account of
Christian Hess, for advances made to
the state in enforcing quarantine.
amounting to $25969S.
Fayorably, senate bill No. 322, re-
latlng to the tax on personal property.
State Affairs.-Mr. Patton, chair
man, reported favorably house bill
No. 512, defining the corporate limits
OF Gonzales for municipal purposes.
Mr.. Harris, chairman of the free
conference committee upon the bill
recognizing judicial districts, report
ed that the house and senate commit
tees had agreed upon a settlement of
the differences between the two bod
les.
Education.-Mr. Davis, chairman,
reported favorably senate bill No. 300,
amending section of an act requiring
the proceeds arising from leasing and
renting of county school lands, and
from the sales of timber thereon, to
he applied exclusively to educational
purposes.
PETITIONS.
Mr.. Getzendaner: From the citizens
of Ellis county, asking submission of
prohibitory amendment to the consti-
tuition. Referred.
SPECIAL ORDER.
Resolution regarding leasing of peni-
tentiaries, under certain contin-
gencies.
Mr.. Jones moved that considera-
ton of the resolution be postponed
till next Wednesday.
In support of his motion, Mr.. Jones
said:
l regret the necessity of moving the
postponement of this special order, or
of any special order, but it will be re-
membered that the order was made
on last Saturday, at which time the
| senate resolution relating to the
penltentiary lease had been set
by the house for discussion on last
Tuesday. This resolution was not
feaGihaatP0n faSt Tuesday, OEaing to the
protracted discussion of the land bill
in the house; that resolution has
been set for next Tuesday and made
the special order until disposed of.
therefore l move to postpone con-
SideratiOn of this resolution until
such time as will give the house am
pie time to act on that resolution.
| We have no right to dictate to the
house as to what they shall do, and
this resolution is dictatorial, for it
says that unless the house shall
adopt all the amendments passed by
the senate in the resolution ratifying
the leases in modified form, then
the state shall take charge of
the penitentiary. In other words, we
say to the house, you must take what
we send you, and you must swallow
it, without change or dilution, how
ever bitter the pill may be. This is
not showing proper respect for the
lower house of the state legislature.
They are as high in dignity and as
wise as we are, and should be left free
to act on bill coming to them from
this senate without dictation as to
what they should do. Now, let this
resolution lie over until they act.
They may further amend the senate
resolution as to make it even more
acceptable to the senate than it now
| is.
undertake to say, Mr.. President,
that this action is without precedent
in the annals of legislation. Who
can show the instance where the SEN
ate of this state has passed bill or
resolution, sent it to the house, and
on the next day followed it with a
hastily COTTON up resolution, reported
by committee, which has nothing
to do with the subject matter, and
which says to the house: You must
take our actions as final, and take and
swallow what we give you. / hope
the resolution will be postponed.
This senate has made its record on
the penitentiary lease, and nothing
we can do hereafter can change the
records.
Mr.. Terrell urged present action on
the resolution, stating that though
the senate had by majority of one
| ratified the lease, it was known that
the senate stood twenty-one TO six
opposed to the lease as originally
made, and it was the duty of the
senate to revoke the lease unless the
lls
the house take its own action.
Mr.. Houston-I am in favor of
postponing action upon this resolu-
tion at this time in order to give the
house reasonable opportunity of act
ing upon our resolution us it passed
the senate. / understand that IL has
been reported favorably in the house,
and that it has been set for next Tues
day. 1t only requires one vote to ac-
cept or reject it. L am jim favor of de-
ferring action upon this resolution
until the house acts upon it. l am
opposing the resolution at this time,
because the effect of it is to lobby
against the resolution which was
passed by the deliberate Judgment. by
the majority of this senate, after it
had been considered and debated for
two full days.
This resolution l am not in favor
of engrossing to-day for several rea-
sons. The resolution in the first
place, in my Judgment, does not come
properly before the senate. 1t comes
from one of the leaders of the univer-
sity who opposed the resolution which
was passed by a majority of the SEN
ate. 1t was introduced into the SEN
ate and referred to his own commit
tee and reported back during the
same morning session of the senate
at which it was introduced, without
ever having had the mature, the de-
liberate consideration of a called
meeting of the committee. 1t W as
never referred 10 the committee which
has this matter properly under its
considerati On, and to which all mat
ters affecting the penitentiaries OF
penii entiary leases have and should
be referred-a committee specially
constituted for that purpose. But II
comes before the senate in that
position, and say that it is
not for the purpose of putting
the senate upon record. The senate
has already placed itself upon record
The senator from Travis need not be
so fearful of the record that the sen.
ator has made. He has made his
record along with the minority who
voted with him in the matter. Then
why is it he is so anxious to place this
senate upon record in this matter
1t is not desire to place the senate
upon record because, as / said, it was
passed after two days debate and ma
ture deliberation upon this matter.
After the minority and majority
reports had already been considered
by the senate, and the majority haC
deliberately agreed upon a certain
measure, now comes in this reSolu
ton, which can have, from its word
ing, no other object in the world, con.
sidering the position it occupie;
to-day in this legislature, than
| In