The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1883-02-01
be made to have that matter properly
attended To at Washington.

session of all the facts in the Greer
county controversy.
believe that Texas should no
longer hesitate, and thereby invite an
adverse claim to that territory. l be-
lieve it to be the duty of the state to
take possession and treat it as terrific
~ to which the state has an undoubt-
ed title.
NORMAL SCHOOLS
The two normal schools now in OPP
Grafton should be fostered and cared
| for.
desire to call the attention of the
| legislature to the manner OF auditing
accounts against the fund set apart
for the support of these schools.
These accounts are now passed upon
by the president of the local boards
and approved by him, and they are
then approved by the principal of
said schools. They then come to the
governor and from him go to the
secretary of the board of education.
by the fourth (4th) section of the act
approved April 10, 1879. session acts
1879, page 1872, and the seventh CIth)
section, act 1879, page 1873, same ses-
sion, it will be seen that these &C
counts ought to be paid on the order
of the board or approved by the gov
ernor.
These accounts range from fifty 600
cents upwards. They come daily and
consume a great deal of time of the
executive without least possible good
to the people. The governor relies
upon approvals that come to him and
he certiiies to things he cannot know.
| respectfully suggest the law be so
changed as to substitute the secretary
of the board for the governor, with
such rules as the board of education
may think proper TO make.
PUBLIC BUILDINGS.
The building now occupied by your
honorable bodies requires completion.
1t requires a fence and other work
outside, and the inside demands work
| that cannot be doBe without an APP
preparation, and rs il is TO constitute
| the capitol for the next five or six
years. suggest such an appropriation
as will fit the building for that pur-
pose.
TELEGRAPH COMPANIES.
These companies, under our laws,
are allowed extraordinary privileges,
and they should be required to serve
| the public. AS now conducted they
amount, to a large portion OF the
| people, to a nuisance.
If they are so crowded with bust
ness that they cannot accommodate
those who patronize them, they should
be required to provide additional
| facilities, or tell customers that they
tcannot send or deliver messages.
Ordinarily, rs now managed, in send
ing a message, say fifty miles, if it is
placed on file in the morning, il is
| likely to be delivered in the afternoon,
or may be next day.
/ recommend the enactment of a
law making it the duty of the district
and county attorneys to institute pro-
| ceedingS In the name of the state
against any telegraph company, upon
responsible information of wilful
failure to perform any duty with ref
erence to transmitting or delivering
any message deposited with it for
transmission, and upon satisfactory
evidence to the court and jury, to for
! felt every right conferred upon such
companies by the laws of this state.
Very respectfully.
JNo. IRELAND.
UNFINISHED BUSINESS.
Senate bill No. 2, relating to fees of
attached witnesses in felony cases was
laid before the senate; the motion of
Mr.. Patton to postpone pending. MI.
Patton modified his motion to making
it the special business until disposed
of. Carried.
Both of the committee amendments
were lost; the first striking out sec
| ton of the bill; the second, to strike
out that portion of the bill prohibiting
fees to witnesses attached to prove
| character.
Mr.. Martin amended by striking out
felony cases" and insert criminal
cases before a grand jury. Lost.
Senator Chssley offered substitute
for the amendment and the hill, and
in support of the substitute said that
at the time of the preparation of the
| substitute be was not aware of the
existence of the bill presented by the
senator from Hood. and which is the
| bill now under consideration. That
| he preferred the substitute for the
reason that he regarded 1t as more
just and comprehensive in its pro-
| visions, and at the same time better
calculated to protect the interests of
| the state.
| The bill under consideration only
| provides for payment of fees in felony
cases, and, if properly understand its
purpose, it contemplates two condi-
lions of affairs by which an attach
ment may issue: First, upon appli-
cation by either party, without any
! certificate or affidavit of the material
| ity of the witnesses; in this state of
case the witness has to attend court,
but can receive no witness fees. Sec
ond, it provides that witness fees
shall be allowed where the affidavit or
certificate of materially of the wit
ness is made at the time of the pro-
| curing Of the attachment or taking of
the recogniZance; and then prac-
| tically upSets the whole provision
by providing that the truth of such
| affidavit and the allowance of the
| fees shall be left to the discretion of
| the court. The purpose of this
anomalous and restrictive provision
is, suppose, to make the payment of
these fees dependent upon the courts
| discretion after the case has been
tried. This, it seems to me, does not
meet the exigencies or justice of the
case. If witness has been COM
PEELED to 60 out of his county under
process of the court, at his own eX-
pense, il is Justice that he should re-
ceive some reimbursement. The sub
stitute is more comprehensive, and
provides pay without any discre-
ton of the court about it, and
it goes further than the bill
under consideration, and provides pay
for witnesses not only in cases of fell
ony, but for habeas corpus cases and
for attendance upon grand juries. If
1t is right to pay at all, then why
make the payment depend upon the
character of the case, when the eX-
pense of attendance in either of the
cases Is all the same to the W tness.
The substitute also, it seems to me,
better protects the state from
imposition, by requiring the GER
tificate or affidavit to be made
before any witness in any case
can be recognized or attached;
also, in requiring the witnesses to
make more full and specific affida-
Wit in support of his claims for fees
and in requiring the court to specific
ally interrogate him in relation to the
facts set out in his affidavit. The
substitute is intended also to prevent
the wholesale issuance of attach
ments that now prevails, for persons
in different parts of the state, for sim
lister purposes and without any rea-
sonahle expectation of needing them
for any purposes of the trial
n. - A. DNna fha e