The Dallas weekly herald. [volume] (Dallas, Tex.) 1873-1885, 1883-04-05
PATTON'S SPEECH

Heinarls 81 Hon. a. q. Patton, ~ iavnee
County, In tbs state senate, diving the
Ileaaons which Inpeiied Him to Vote f1r
the Ratification Of the Penitentlary Lease.
/ vote In favor Of the ratification Of the
contract of the lease, as modified, for the
following reasons:
The law authorizes the lease OF the peni'
Tertiary and convicts by the board who
have made this lease, and authorizes or re-
auires the ratification of the legislature,
investing the board with the power TO lease
and the legislature with the power to ratiiy
or amend, in my judgment, investing the
legislature with no higher powers or re-
sponsibilty than that accorded to the SEN
ate, under the constitution and laws, which
authorize said body to give, or refuse, its
consent to appointments which the execu-
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. for 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 l do not feel warranted,
under my construction of the law in this
case in voting against the ratification of the
present lease. for the reason that may sup
pose or know that others. would not OTTER
the state more than the present lessees
have agreed to pay.
/ further hold that the reyisionary power
of the legislature in this case should be ex-
ercised only when the acts OF agents Ill the
premises have been so tiagrantly wrong as
to establish fraud, either actual or con-
structive. The courts will not set
aside q judicial sale on account OF in
adequacy of price paid for. property. sold,
though this would claim the attention OF
the court, and in connection with hagrant
acts of dereliction on the part OF the states
agents. would warrant the setting aside OF
the sale. 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 tendency to chill and
diminish the price bid. Under these CIR
cumstances hold that the Legislature mas
and should have no discretion beyond that
which the courts exercise in cases of judi
cial sale. 1 am opposed to resumption; the
condition of the convicts, in my opinion,
does not depend upon the question OF re-
sumption or lease. In either event the
majority of the convicts cannot be confined
within the walls, but must be hired out to
labor in private enterprises ano under
private supervision, and in either event the
state has control of said contracts Under
the lease system the state has certain and
fixed contract, which relieves her. of the
possible financial embarrassment in sus-
tanning the penitentiary and convict sys,,
tenn. and retains in her officers the control
of her convicts. While resumption will
force upon the state an investment in
mechanical machinery, and the prosecu-
ton of private enterprises through un,,
skilled officers and agents at great cost and
expense. / concede that the advertisement
for bids by the penitentiary board did not
sufficiently set forth the character of lease
made. Yet l think the lease the best that
could have been effected at the time; and l
therefore give my consent to its ratification.