The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1884-01-08
THAT MESSAGE.
Ireland's Recommendations 10 the
Legislature,
Oa It's Meeting In Special Session
Vigorous Measures
Strongly Advised on the Fence-Cstting
Question,
And the Enactment OF Penal Laws 10
End she Trouble.
free Schools and the Investment Of the
School Funds.
Tho New Orleans Exposition-Tsxation
Topics.
Other DOlncs at tho
Other DoIngs at tho

Other DoIngs Mt tho
Au.rrs, Jan. 7.-[sp,oiall-The follow.
ing is the full text OF tho message OF Gov
ernor Ireland to be delivered tomorrow nj
the opening Of the special session Of the
Legislature:
Executive office. Austin, Texas, January S 1884,
-Genllemen oi the senate and house OF repre-.
seniatiyes'
Notwithstandi some adverse circum-
stances, am yet able to conRratue you on
tho general prosperity that porvades our
country.
Before leaving he capital, In April last
you proposed several amendments 10 the
state constitution, ali Of which were
adopted by the people In August.
One OF these amendments changed this
mode Of raising revenue TO supper. free
schools, and, therefore IL became necessary
that some provisions be made TO raise the
requisite school FUNDS, as well as conse
quent reduction OF the taxes for general
purposes. This and other grave matter.
/ hereinafter noticed, were the controlling
causes for the special session of the eigh
teenth legislature.
PEHcE.curTING.
The first subject TO which | invite your
attention Is the fence troubles. There may
haye been, and doubtless were. causes oi
complaint, in some instances, against the
action OF tlBrge pasture men; but
excuses. On the other hand
pasture men found excuses tor acts
neither jutistied or excused by law. Indeed,
they were simply excuses on either ride.
As Tor Notifications, there were none.
II the law-abidlng people had acted
promptly, at the beginning OF these trou.
bles the law would have proven ample.
But the mistaken policy OF standing back
pre- vailed. As the good people stood back
the lawless advanced, until the small pen
alty affixed to the oilense of fence cutting Is
inadequate to stop the evil, II the law had
been put In motion tho entire able bodied
torce of The state would have been invoked,
| II necessary, to executeit
There Is not, and has not been, necessary
means placed at the disposition Of tho exc
cutiye to meet extraordinary emergencies
He cannot employ detectives; for be Meth.
er has ths lawful authority, nor the money
to pay such force. He
cannot call into active mil.
itary service a single man except in
case of rebellion, insurreolion or invasion;
and even ia such emergencies he has not,
| AZ his disposal, tha money to feed, move or
equip a military force. III he should de.
suggested by a learned district fudge the
country would still be in ignorance as to
| ho were the outlaws. Besides, such pro-
oismation would not make any man au
outlaw, and would violate Sac. 23. Art. /,
Of the constitution.
Rewards have been offered in all cases
of course, bearing some proportion to the
| punishment affixed by law TO the oifsnse.
There are no effective laws in republican
governments without moral forces TO back
them. 1t Is an erroneous idea that the
man whose fence has not been cut has no in
| terest In the contest between his neighbor,
whose fence has been cut, and the person
who cut it, There is not and cannot be a
violation OF the laws, and individual rights
without efiecting each and every indiyid-
| ual aad the whole body poli.io. 1t Is only
| a question Of time when the lawless disease
will effect the wholo.A man who can educate
himselfto the idea that IL Il not wrong to
cut and destroy the fence OF another, will
soon reach the point in his vicious school
ing that will make him believe the corn
crib, the barn, the factory, tho dwelling,
the bank, the law Office, printing Office,
and in fact, all the material wealth in the
country, to which he is inimical, must also
20. There Is not single grievance, real or
supposed, for which there IN not a peaceful
remedy. II men enclose public lands with
ont paving for them, they can and
should be punished under the
law. If mon enclose public
highways, the law provides penalties there
for. 1t small farmer or ranchman has
been enclosed by another, the law affords
ample relief. II large territories are en-
closed and the public inconvenienced
thereby. the commissioners court can open
roads 1t the laws In any event are not
ample, the people must seek relief at the
hands of the leg stature.
When We become members of society We
expressly agree to yield some OF our natu-
rsl rights ior the good Of all, aud there is
nothing that eau Justify ne in departing
from the neacefu methods TO secure reliet
except 10 bo imminent and pressing danger
to us, or those dependent upon US, that
will not admit of delay.
II a public highway was enclosed, any
citizen could remove the obstruction; aud,
in such case, he need not seek cover ofnight
TO do 1t. IL on Tomorrow morning We 60 TO
the Avenue Of this city and ind long line
of fence crossing IL, any ors Is justi.
fed In tearing IL down to the extreme edges
OF the street; but when he goes one foot
beyond the highway, he himself becomes
trespasser and may be punished for his
act.
lit was against good policy to allow an
individual, or q number of individuals, to
enclose large bodies OF land in one euclos-
ure, II was the act OF the peoples represen-
tatives.
The doctrine that land and water are free,
and Individuals cannot acquire separate
and exclusive right thereto, cannot prevail
here until society Is disrupted. Consttu-
tions and laws must perish, and the whole
structure af our civil government ruthlessly
swept away, and in It's stead, chaos will
rule and ruin become universal.
You, gentlemen OF the two houses, come
fresh from the people, some OF You from
the very midst OF the disturbances here
discussed, and must be better prepar ed TO
deal with the subject than ! can possibly
be, but make the following suggestions
and recommendations:
recommend the absolute repeal OF the
law permitting persons to enclose school or
public lands OF any s5rt.
recommend the enactment OF law
msking IL highly penal for any one TO en-
close any public land without q contract
with the state, by which he may law fully
do so.
recommend O law making II highly
penal ofiense for any one to knowingly en-
close or surround the residence or land OF
another, without express authority OF such
person or owner.
recommend liberal system
OF hiehwsyF, wherever the pub.
lie good demands IL. requiring full
and complete payment TO the land owner
for all damages.
/ recommend law making it a felony,
punishable by confinement Ia the peniten-
tierv fer a number Of years for any person
TO wiifully or vantonly destroy or irjure
the ferce or other properly Of suoiher.
rscoumsnd the sppesi Of the limitation
laws in csses named above Tor past and
fuiure oifenses.
! recommend o Law making Il q highly
penal otfsnse for any one 10 drive their stock
on 10 sny lsnds, private or public, for the