The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1883-02-08
Twenty-flrst Days Proceedings.
SENATE.

The senate met at 10 a. M, Lieut.
Gov. Martin presiding, and a quorum
present.
Prayer was offered by the chaplain
Rev. DR.. Smoot.
On motion of Mr.. Peacock, reading
the journal was dispensed with.
REPORTS OF STANDING COMMITTEES
Education.-Mr. Terrell, for com
mittee. reported substitute for sen
ate bill No. 1S9. providing perma
nent endowment of the universit,
and. branches of one million acres OF
land. Made special order for WedneS
day, after morning call.
Judiciary No. 1.-Mr. Terrell, chair
man. reported a substitute for senate
bill No. 1873, having for it's object the
continuation for two years from DC.
tober /, 1888, the commission of of
ficlalS of the state of Texas.
M. Chesley, for same committee
IT p Irted favorably on senate bill No
2lzl, amending article 1918, requiring
the issuance of writ of C itation, and
article 1883, revised statutes, relative
to fees of clerks of districts courts.
PETITIONS.
Mr.. Chesley: From citizens in
Washington county, requesting the
enactment of law providing that any
person who shall commit an offense
against any penal law OF the state
while he is in state Of drunkenness,
or while is under the influence OF in
toxicating drinks of any kind, whether
such influence amounts to drunken
ness or not, shall be held to have COM
mitted the offense wilfully and malici-
ously, and on his conviction of the
offense, under the influence of intoxi-
eating drinks. aforesaid, he shall be
punished by the infliction of the high
est penalty fixed by law for such Of
Tense. Referred.
BILLS AND RESOLUTIONS.
Mr.. Gooch: A bill for relief of
sheTiffs and other officers who may
have delivered ConYicts to lesees Of
penitentiaries since the adoption of
the contract system. Referred.
Mr.. Matlock: A bill amendatory
of chapter SO, of acts of April 4, 1881,
to protect stock raisers and stock rails
ing. Referred.
Mr.. Stratton, by request: Joint
resolution, requesting Texas senators
and representatives to urge upon con
gress the settlement of claims of those
who suffered loss by the burning OF
BRENNAN, Texas, in 1866. Referred.
Mr.. Chesley: A bill to protect in
closed lands from trespass by hunting.
fishing or fowling. Referred.
Also, a bill to amend articles 1918,
1O1A ODSQ rauiCn6 OF af ma ra1.ffr.r q,
issuance OF citation for defendant;
and to the fees of clerks of district
courts. Referred.
Mr.. Randolph: a bill to amend ar
ticles 1853, 364. 365 and 366, penal code,
relating to ratfles. and gaming. Re
ferred,
Also, a bill to amend the penal code
by adding thereto Nos. 236 a, b and C.
Also, a resolution requesting the
comptroller to send in his report to
the legislature.
This concluded the morning cali. -
Mr.. Collins moved to postpone the
special orders of the morning in order
to take up senate bill No. 1926, relating
to the general quarantine law. Or
dered, and the bill was passed to en-
grossment with slight amendment
substantially as published Saturday
morning
The motion to pass the b II under a
suspension of the rule was lost 10y d
vote of IL yeas to 8 nays, two-thirds
of a quorum being necessary.
MESSAGE FROM THE HOUSE
Announced the passage of house bill
No. $40, making an app opriation fol
deficiency in the amount apprOpria.
ted for public printing, beginning
February %, 1889. and ending Febru.
AIRY, %, 1883,
FIRST SPECIAL ORDER.
Senate bill No. 8, repeating section
4 of the act of 1881, defining who art
officers of the state, and prescribing
their rights, powers, duties and priv
ileges. b IL on second reading.
Mr.. Houston moved Call of the
senate. Senate full.
Mr.. Davis, the author Of the bill
made lengthy speech in favor of thu
bill, which will be published in full
tomorrow morning.l
Mr.. Jones said: 1 am opposed to thi!
bill. 1t is plain there is no necessity
for such a measure, and even if ne
cessity could he shown, it would b'
impolitic and inexpedient to pass it a
this time. l do not wish to consum,
the time of the senate in a references
to all the decisions and authorities OF
the questions of mandamus and in
junction. In our own state the de
cisions are not small in number, ant
are familiar to the legal profession
/ shall attempt to deal with the ques
ton in practical way, and attemp
to show the consequences tina
would follow from the re
peal of section of tn
act of 1881. Article 2. section 1, of tn
constitution of this state, defines tn,
powers of government. By that arti
Gle these powers are d vided into tire
| 60 distinct departments; those whicl
are legislative to one; those which ar
executive TO another, and those whicI
are judicial to another, and no persol
or collection of persons, being of on
of these departments. shall exercis
any power properly attached to eithe
of the others.
In article a, section l, of the const
tuition the executive department
defined, and it is made to consist O
a governor, lieutenant governol
secretary of state, comptrolle
of public accounts, treasure
commissioner of the genera
land office and attorney general. Thi
is the language of the organic La
of this land, and in it the powers {
government are distinctly and plainl
defined, as well as those persons {
rather officers who compose and col
stitute the executive department {
our state government. These pow
ers, as well as the officers composin
the executive department of the go
eminent. are separate. distinct and il
dependent of each other. Each &C
in its own sphere, subject alone to I'll
constitution and the oath of Off
therein prescribed. Those who wou
break down these departments, tho
who would sweep away these powe
as laid down and defined in the CO..
stitution, seem TO misappreheI
and misconstrue the nature al
structure of our government. L
this be done and the harmony. WIFI
: is the beauty as well as the streng
: of our government, will be destroye
, Chaos and anarchy viii come agai
and we viii see one independ INT al
coordinate branch nullifed or co
] trolled by another. The senator fro
: Cook refers to King John, Charles &
2 First and James the Second, and sa
2 that as far hack as the days in viii
they held sway in England that d
. courts we're always open l ask Z