The Dallas weekly herald. [volume] (Dallas, Tex.) 1873-1885, 1883-03-29

capital 10 operate the penltehliails' sue
Mo nan or act Of men will embark IN ~
enterprise NJ such magnitude, " " 10 po
restricted % short OF 70 ~ uncertain
perlod. Therefore the amendment ol INC
senator from Cooke, 10 the 81
feet that the lesse shall be
reyocable nj the pleasure oi the Legislature,
ought not 10 be adopted, and / trust the
senate will vote II down.
I But there are senators on this floor who
| have not exhibited spirit OF fairness ana
candor In their discussion and treatment OF
| this question. Look at the bubbles they
raise and the frivolous and technical obicc-
tions they make. They complain OF the
| lease because II fails to provide against the
contingency Of death-death OF the lessees.
| The presumption Is in favor OF life, and all
contracts. all business engagemen,s, are
made in view OF this presumption. II the
parties die, the benefits and responsible
| tiles of the contract accrue to and rest upon
their repre.entatives,th their executors and
| administrators. The contract OF the lease
under consideration is no exception To this
rule. Should these lessees die, their rep
resentatives will be bound to carry out
this contract to the letter. And falling in
this, the governor can, as he is now au-
thorized to do, revoke the lease, or declare
IL null and void.
Listening to the arguments of the sem
ator from Austin and Travis, one would
think that none but men OF iron or bronze
should ever be allowed to lease
the penitentiaries, men who ~, oy
their nature cannot DIE. Inns
can never be unless humanity is cast In a
different mould wherein there are no SEEDS
OF death.
But if men could enjoy an immunity
and exemption from death, it should be
those who are honest and brave, true ana
lust in all the relations of life. And when
that happy lot falls to man, u. IL. Cunning
ham and w. r. Handy will live forever.
The senator from Travis has criticised
with much severity sections Z, 10 and IL OF
the lease. Section Z says, said lessses
shall contine and work within the walls OF
said penitentiary, or at labor near by and
| incidental to the operation thereof, ~ least
400 conyicts" - This expression is
/ construed to mean Il refer to the words
l"nsar by'') that the convicts may be placed
/ on farm on the BrAzos. The words near
a., by," the senator says, if used in regard to
. penitentiary in Delaware or tennessee,
might mean what it says, but in Texas
| near byh means something else. l dld
not know before that the size of state had
anything to do with, or in any way afected
the grammatical construction or the legal
meaning Of verbs, advsr6s, preposltiohs OF
adyerbial phrases. In a big state near by
is that the logic? =,
The senator seems to be greatly fright
ened because it is not stipulated IN seclloh
10 where the convicts shall work. NOW
could it be expected or required that such
a provision as that would be placed IN the
lease, when il is not. and was not known,
where or the particular point at which there
would be work Tor them? To lease the pen
itentiaries Tor q definite period OF ten years,
would be absurd, for no man can ten at
what point where their labor would be
needed, or be profitable; or, ifso, how long
it would remain so. Who could tell that
there would be work for all these outdoor
convicts at one point for ten years.
Suppose it had been stated
that all OF them should be
worked on railroads aud the builo-
ing OF railroads should cease, or on farms,
and the farmers would not take them, or 81
any other particular kind OF work, do you
not know that no business man would take
such contract?
He further says that the sections 10 and
II give the lessees absolute control and di-
rection of all convicts. The senator Is an
accom- piished lawyer, and we'll understands
the meaning and legal import OF language,
and how he can so distort the PLAIN mean
ing of these two sections is amystery 70 me-
served to the state, through its officers, to
direct how, and at all times and under all
circumstances, the convicts whose labor Is
herein contracted or leased, shall be lodged,
fed, clothed, worked, guarded ana
treated humanely, and 1t Is 9ls-
tinctly understood and agreed that
the control of said convicts does not,
under this lease, pass from the state or its
officers. and the management of said con-
victs, shall, in all cases, and under all Cur
cumstances, remain under such control,
The last clause of section IL reads as fol-
lows: "And the said state reserves the
right and authority to forbid that SAID CON
victs be put to any work when suplsc.s
them to any unusual danger to their person
OF health, or facilitates their chances OF es-
cape"
Now give to this language fair and rsa-
sonable construction, and what does IL
mean? 1t means just what all fair,mlnded
men are forced to cay it means, That Inc
state of Texas has the control and direction
and management of all these convicts, with
the single exception OF saying where they
shall work. No man would ever suppose
that the latter would be done, who knows
ANYTHING about the uncertain CONDITION oil
labor in Texas. No, sir, the senator mas IN
dulged in a species of special pleading IN
the discussion OF this question, such as iitly
characterizes q lawyer before county JUS
tice of the peace, whom he is trying TO be-
wilder and mislead. The senate will never
be swayed or captured by any sush trick or
any such chat. ~,
humanitarian views. Well, these views are
SO exaggerated that we could not think the
senator sincere, for he has gone so Tar as 10
saw that there are as good men in the penl-
Tertiary as he or other senators on TINS
door. All l have 10 say 0n that point -
that the men in the penltenhary
are in awful bad company.
The son of the poor widow he speaks OF
ought not to expect TO lounge on howery
beds OF ease and pass his days and nights
in idleness in the state prison, when he
has directed the death-desling bullet or
plunged the remorseless dagger into the
heart of his victim. When he violates the
law he should be made to pay the penalty.
He should be made to feel that the Verolct
of Jury and the judgment OF the court
meant something. Then murders Will net
be SO frequent; theft, burglary and robbery
will not be the standing and staple Item Tor
our newspapers. and will cease 10 blacken
the records Of our courts. When the axe OF
the law falls, let IL tall with Keen edse
and heavy weight, and men VIII pause
and think before placing their necks under
n. Ewes the son of the poor widow will
nanse' and thus deprive the
county and the senate Of the tears, and
the gushing anu plaintive symps
thy OF the senator from Travis.
The aristocratic youth, hoi-headed and La
pulsive, will pause and find II better 70 IN
dulge his love for pistol practice on other
than human targets.
Poor young things, too delicate and ten
der 70 WORK or sleep on rugged beds, yet
strong and willing enough to shoots and cat,
and steal and rob and rape.
Give him bed OF down and diet Of
deIicacies" says the senator from Travis.
Take him up tenderiy,
Handle him with care,
FASHIONED 30 slendcrlE
Young and 30 fair. 4
Obi Il is pitifuls p
That in a gre<t city full
Friends he has none"
Fxcept the distinguished senstor from