The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1883-02-22

| nlUlllOu JO-cAcTclSe IL particular power
is an exception. In inquiring, there
fore, whether given statute is con-
stitutional, it is for those who ques.
tion its validity to show that it is for.
bidden."
Section 4, article :, of our state con,
stitution, on this subject provided
that "The lands herein set apart tC
the public free school fund shall be
be sold under such regulations, nj
such times, and on such terms as may
be prescribed by law" The time when
or terms upon which this land shall
be sold, is left to the discretion of the
legislature. And there is no inhibi.
tion or restriction upon their leasing
it or otherwise utilizing it for profit
Therefore, under the established rule
of construction of legislative power
as above shown, the power can be eX-
ercised.
The only question now before the
senate is, shall one bill contain pro-
visions for both leasing and selling, OF
shall they be acted upon in separate
| bills. am in favor of two bills, as
my experience impresSes me with the
view that it is easier to pass on bill
limited to one subject than to two
and they both receive better consider
alton, and members are not driven
to surrender their opinions on one
subject in order to enforce them on
another. | trust we will proceed to
vote on the question before us.
Mr.. Cooper withdrew his amend
ment.
After very lengthy debate the first
| nA
change.
Second proposition: The land shall
not sell for less than 81 for unwatered
land, $3.50 for watered land, and S.
for timber land not suitable for
lumber.
Mr.. Johnston, of Shelby: Amend
ment striking out mot suitable for
lumber" Adopted.
Mr.. GOoch: Amendment to strike
out $3.50 per acre for watered lands
and insert SO, Adopted.
Mr.. Shannon: Amendment adding
suitable for lumber" Adopted.
Mr.. Peacock: Amendment by add
ing mot suitable for lumber, SO per
acre." Adopted.
Third proposition: The timber use
full for lumber shall be sold, and the
land reserved.
Mr.. Johnston, of Shelby, moved to
strike out the section.
Mr.. Davis: Amendment to strike
out shall" and insert "may."
Mr.. Johnston withdrew his amend
meRt,
Mr.. Pfedfter: An amendment "pro-
yiding that long leaf pine timber. OF
trees under twelve inches in diameter,
and short leaf pine under fifteen inches
in diameter, shall not be cut, but re-
main for future growth.
Mr.. Davis amendment was adopted;
Mr.. Pfeut1erS' was lost.
Mr.. Cooper: Amendment, timber
useful for lumber may be sold and the
land removed from sale, except to
actual settlers" Adopted.
Mr.. Davis: Amendment adding
after "sOld," words "at not less than
- dollars per acre, cash" Adopted.
Mr.. Traylor offered substitute,
which was lost.
The third proposition, as adopted,
reads: The timber useful for lumber
may be sold at not less than - dol
lars per acre, cash; and land reserved
from sale, except to actual settlers.
Fourth proposition: Mr.. Tray
lor: A substitute for the sec
tion: Pasture lands not timbered
shall be leased under competition,
and every person or company who
may lea5e one section of land with
permanent water upon it, or border
ing ON it, Shall be required to lease at
least five sections of land back of
such watered section, and all lands
classed as agricultural shall be subject
to sale, the iesseeS to have the prefer
ence.
Mr.. Shannon: Amendment to sec
tion, adding: provided, that for ac-
tual settlement said lands are to re-
main on the market for sale in bodies
not to exceed $40 acres to any one
actual settler. And strike out 3 cents
and insert 4 cents.
Mr.. Jones: Substitute amendment
by inserting 5 cents.
Pending the discussion of these
amendments, Mr.. Terrell moved that
the committee of the whole do now
rise, and that the same report pro-
gress. Ordered.
Lieutenant Governor Martin re-
sumed the chair, and Mr.. Houston,
chairman of the committee of the
whole, reported progress and asked
that the senate do again go into COM
mittee of the whole Wednesday after
the morning call. Ordered.
On motion of Mr.. Shannon the SEN
ate adjourned till Wednesday.