The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1884-01-24
pROCEEnISGs OF THE
E!aafssTTH LEGISLATURE,
Convened in Austin, Texas.
Tuesday, January =, 1884, at l2 N
SENATE

SENATE
SENATE CaAMBsR, Jan. IL, 1884
Senator Fleming presented a favo
able report on the bill fixing the tern
of the courts, passed the day befor
on behalf of the engrossing commi
tee; also, on the joint resolution.
Senator Houston introduced bill
providing that the statute Of limits
tions shall not apply ID certain claE
OF land felonIes.
Also a bill defining lawful fenc
and protecting the grazing OF cattl
on the lands of another, and for tn
punishment of fence cutting.
Senator Kleberg introduced bi
relative to trespass on the lands O
another.
Senator Chesley introduced a bill t
amend the school land laws.
1t was moved by Senator johnson
to suspend the rules and take up Sen
ate bill No. %, and this was done, an
the bill was laid before the Senate. l
is as follows:
A bill TO be entitled, ian act to prevent pei
sons from entering the fenced lands Q
othrrs. and hunting and hshinS the Elm L
Bee. /. Be 1t enacted by the leVi ,lature of tn
state OF Texas, That any person who shall en-
consent OF the person who owns or controls tn
land so frnc, d, and shall hunt with guns o
dogs therein, or who shall catch FISH from
tanks or ponds therein, shall be guilty of
misdemeanor, and shall. upon conviction b.
1ned not less than hve nor more than one bun
dred dollars.
See. 9. This act shall not apply to hunting /
the person shall hunt without dogs along
public road OF anV class within an enclosure
Senator Johnson said that in hi,
sec. Lion of the state men were greatly
annoyed by persons going upon the
lands of another and hunting and
fishing. That several men had had
stock killed by being shot by these
hunters, and this sort of trespa5si ng
ought to be prohibited.
Senator GOorh offered an amend
ment by adGing to the first section
"ProI ided, no conviction shall be had
unless the owner CT the enclosed prem
ises shall have given thirty days
notice through the newspapers, and
also posted notices where they will be
seen and read upon the land" He
hoped the senator introducing the bill
would accept the amendment.
Senator johnson said he opposed the
amendment for the reason these men
would tear them down and no con-
viction could be had.
Senator Getzendaner thought there
should be some such amendment.
Senator Martin thought the bill
was not within the provision of the
proclamation.
The amendment was lost on vote
of 8 to 20.
Senator Terrell offered an amend
ment to the effect that the owner shall
post notices prohibiting such trespass.
he said that many men had no ohipc-
tion to hunting and fishing upon their
lands, and it would be no more than
right to require those who did not
want it done to post up such a notice.
1t was done in all states having such
statute.
Senator johnson was opposed to
the amendment.
The amendment was lost.
Senator Traylor offered an amend
ment 20 the effect that the owner
must have legal title to the premises.
This was lost. The bill then passed
to engrossment.
Senator GetZendaner moved to take
up Senate bill No. SO.
Senator Traylor moved to fix the
consideration of this bill under spe-
cial order next Monday and from day
to day until disposed of. The motion
prevailed.
The bill Is as follows:
A bill to be entitled an act to require the
commissioners' court to lay out and open
certain first class roads.
Section I. Be it enacted by the legislature
q, the state OF Texas, That the commissioners
courts OF the respective counties shall see that
hrSt class roads at least sixty feet wide, are
laid out and opened from the county ats Of
tne1r ,5 counties on the most prasteable route
III county seats Uf th- adjacent counties, or IL
q border county, to meet the nearest road on
organized, then in the direction Of the centre
OF su0h county; and the commissioners court
OF a county, to which one or more unorganiZed
counties are attached Tor judicial purposes,
shall lay out and open at least two first class
reads sixty feet In width, through the extent
OF each such unorgantzed county to iDtersect at
right angles as nearly as may be at the centre
of the county, and To meet at the county line,
similar roads OF the adjacent counties. In
C cunties not having publ roads substantially
complying with the preceding requirement as
to course, the court shall be required only to
give such roads the width Of sixty feeE. and
clear them OF obstructions; such roads, how
ever. shall not be laid out across church-y ards,
lots or graye-yards or within one hundred feet
See. 2. 1t shall be the duty Of each commits
sioners' court W thin ninety days Ter the pas
sage OF this act. on their own notion to sp-
point Jury OF view TO lay out the roads requir-
Gu Ill Tue pr6CeOluR SbCIlOn ana 10 IlldrR ana
define them, and to report in writing such
marks and auy prominent natural object, that
m aid In defining th.' route selected. And
ee q afy a
class, and the court shall or,ler the oyerSeer TO
open the same and where the country Is open
prairie, to plow a furrow on each side OF the
road. Ts~ IsA
Sec. 8. Ifdamages are claimed by the owner
OF land so appropriated for public highways,
or by any person where enclosed premises are
Rr1Q a IN doU oh
be appointed as now provided in section--,
revised statutes, but no damage in access OF
the actual value of the land taken shall b.,
allowed, unless the land be in cultivation or in
pasture less than tn )usand acres when
the damage to such property shall b. assessed
Sec 4. II the damages assessed BY exces-
sive, the court may appoint another Jury to
assess then, and upon the second report, II
the dana re- are deemed excessive, the. court
may change the road so as to avoid the prop
erty so greatly damaged. ...4.
Sec 5. Persons through whose enclosed
premises such roads are laid out shall have
TO the road.
Sec 8, The juries Of views and the 1uries to
assess damages shall for the organize 4 coun-
Ties, be allowed So h compensation as s now
provided by law; and for the unorganized coun-
ties, the sum OF two dollars per day and five
cents per mile for the actual time employed
an, the actual distance travelled to mark and
lay cut the road or to assess the damages,
which amounts on sane accounts, shall be paid
Sec. Z. Where there are NJ persons in the
unorganized counties TO act or willing to serve
on the jury Of Views or Jury to assess damag 3,
the court shall de.ignate citizens OF their OWE
cc''+v 80 " 'N-'n the service.
SEQ. 8. Nothing IN this act shall be construct
eo y p. ,.....s 80 opening of other roads as is
now provided by law. Roads laid out under
the provisions OF this act shall not be hanged,
except TO bet er serve tue public interest.
Sec. .. All laws and parts OF laws in conflict
with the provisions OF this act are hereby
III.
Senator Buchanan moved to sus-
pend the rules and take up Senate
bill No. 81. The bill passed to en-
groSsment.
The bill Is as follows
Bill to be entitled An Act TO amend Article
Incorporated cities md Towns to issue
Bonds to build Public school Houses.
Section !. Be 1t enacted by the Legislature
OF the state Of Texas: That Article 40 of the
Revised civil statutes be so amended as here
after to read as follows:
To appropriate 30 much OF the revenues OF
the city, emansttug from whatever source, for
the purpose OF rvtiring and discharging the
purpose OF improving the public markets and
streets, erecting and conducting city hospit-
ais, city hall, public water works and other
public b Lildings aud works, (and public school
its public Schools as they may, from time to
time deem expedenr; and In furtherance OF
these objects they shall have power to borruw
money upon the credit OF the city, and issue
coupon bonds OF the city therefor, In such sum
or sums as they may deem expedient, to bear
interest not exceeding ten p cent. per an
mum, payable semt-annually. payable at such
place as may be ixed by city ordinance; pro
issued by the city council SHALL at no time, ex-
ceet six per cent. Of the value OF the property