Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1884-01-26

never thought of going so far rs to ast
such privileges as this amendmen
cJnfers. &,
Mr. Swan delivered lengthy ad
dress on the subject, and spoke strong
, ~ in favor OF the amendment, giving
his reasons therefor
| Mr.. Wurzbach offered substitute
house bill 81 as substitute for the bill
now pending,t geth-r With the amend
m.nt clause proposed to be add-C
thereto by Mr.. Duff This bill is On
titled AN act to prohibit the incl0s
ing of lands not their own by firms
persons or corporations, and also Il
compel such persons, firms and corpor-
ations to open such lands heretofore
inclosed within six months, and tC
fix penalties therefor This biz
also makes it felony for The unlawful
iuclUsiug of lands in aggravated cases.
and punishable by imprisonment and
fine IL ordinary cases at the discretion
of the court and jury who try such
cases.
Mr. Hazlewood moved TO lay Mr..
Wuizbach's substitute on the table,
hut the motion was lost by woe OF
40 ayes to AZ noes.
Mr.. Thompson OF Bexar said he rep
resented nearly every interest in the
state, and lhi- substitute did not and
could not meet his support. il would
make felons of widows and orphans,
| and he warned the house that If Mr..
Wurzhaeh's substitute was adopted il
would be feast Tor the lawyers of
Texas and would be contested in the
courts of the country. 1t would take
this controversy out of the civil courts
and put II in the criminal courts, and
/ would produce widespread litigation.
He was opposed to it, and hoped it
would not pas.
Mr.. Taylor spoke eloquently on the
same SIDE, and thought the punish
ment prescribed by the bill was entire
~ out OF proportion to the ofiense.
This unlawful ncl0sure of
land was not destruction of
property, but simply an infringe.
ment OF private rights. Besides,
corporation cannot be indicted for
felony, nor put IN the penientiary.
There was II use of making felOns of
artificial individuals, because il cannot
he done. The penalties were too Sc
we're, and he was opposed to passing
the substitute.
MIR. Nash said fence-cutting could
not be suppressed unless it was made n
fenltentiary uiieuse. The cry had
gone forth that the fence-cutter must
go, but he held that nothing could be
acrompli-h without increasing the
penalties for these crimes which wore
working such injury in the state, and
II the fence cutter must 90
so also must the men
VINO engage in unlawfully inclo,inp
he lands OF another. The haudwri.
ing - on the wall, and the legisla-
ture should do something to prevent
f"nce-cutting and land grabbing and
unlawful inclosing Of property by cor
pofaIlons aud individuals. He fa-
v"rrd the substitute therefore, and
anu hoped il W 'uld pass.
ar: Mch'hney was opposed to the
substitute.
Messr': Browning and Durant also
opposed it. '' '''''
MIR Fisher of Hays though: the only
possible way OF renuviug the present
diiii'ulty WAS 10 20 squarely to the
ro0t OF the evll 'ani enact a herd law.
Mr. Etherldse then rose and deliv.
treu one "i the Fl est speeches of the
gay, concluding by saying that if the
Iehc|-rutier sbould 20 10 the peniten.
liary ilien those who unlawfiIIy in
closed property should 20 along with
mn, thry, were both wrong-doers and
"Nh should he treated alike. ran.
planst While he did not ind ,rs,, In
iu!i eitier The original or the sub.ri. |
tute' yet IN his judgment the substi- |
.ute was decidedly preferable, in that
!, possessed over the original one ,e.
utehnlng feature, If no NOR ana thn
was mat u subjected 10 the same nan
aiiies both he aggressor and Tho mo-.
Sres'eH. Mr.. Speaker, it has heen
eau upon this floor that there IL ~"
lust cause or even extenualin, circ,,n,,
s va mat can be pleah in behalf of
Iho ,ehGe-cutter, ! would NOT cir
ioulu justify his acts. but I
~ want 10 say that if there is no iu.r
,aas', "r no causeat all for these tronh'
es, then these petitions, memoriais
'h.' cries OF the people from tn. dir.
'ne SECTIONS OF the state mean no,b.
ny 1 venture the assertion thot n;n.
entrs OF the business upon the sns,L
.aoie Is made up of petitions ara
memorials from the people or, iny ,hat
n ,,i water, schools, churches u; na'
mus ana trading markets bnv. hn ms
~, m WI ~ wire fences. Oppose the
an ana substitute on princinle he a |
ause believe the peaaiti,s ~ &c |
W. severe, but II w.. |
iust nave the one or the other ,bau
I've us that one which makea tha n men
equal upon the trnnsT n psn n
~ d. ,nc lransgressed. Sir. the inlmor. =
" hla'kstone. the greatest iurist -, II
y humble opinion that ever hnpo,na
VI word or blessed our race. has .aiI n
i i, u was not the severity but Cor /
iimy OF punishment that deferred a
me. During the reign of sanen, ,.u Il
nw III England under Marv II
r"ul' memory, when there wore Ies n
i , ior each of which man TO- v, q
ut ,jurist a n,s, the lhs a., emf =, "
iist rather Increased tSan 4.
crime. What d con, n ran
49,. = 'u 10 upon that law. which pro. 81
!. hec,, .'ao away away mans liber- VI
,es 10 .,N, iorsooih. he has cut a few y
). nh III 10 ms church, his school 70
ID az he.ua VI us water, which the ul
prn., sir. TINT / oppnse ~ an, 1 vi
,s'nai aud tho substitute han the 10
M, 'eserelty OF The pensl,ies OF
o"' sir That ! regard as ,ha lnat n,
~, mnuntain OF law, teaebas source, source nc
,'n should be taken for ,.s tnat la
! tooth In lieu of liza 'o.n ana
lii crime that ~ ~ 'ne M
'siole . for man Ia Is mr.
en-, sir, while / am not N commit. ~
hpatby with either tho ,au,'y IN M,
Substitute, favor N, "'itihui or ~