Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1884-01-25

I Grafton Of bills l6, Al and 80, provi'.ing
{ for the erection nf gates and opening
I VANS through inclUsed lands in the
B ,tste for tn. con venieuce of the public
Mr.. Foster OF Limestone moved TO
! amend the word may" t. shall" 70
a. To make the duties Of road commits
siouers mandatory
MIR. Foster OF Graham argued that
the commissioners should have due
| dlscretion.
Mr.. Acker thought the provision
I should be merely directory, and OPP
| posed the amendment.
/ Mr. Robertson moved TO amend the
amendment 40 a. 10 have the provision
r,ad ',hall On petition OF ten free
holders" etc.
Mr.. Dennis wanted the provision
/ unchanged aud discretionary with the
/ commissioners AS what might be- bene-
ticlal 10 one section would not suit an
other.
After rrmarks from Messrs. Wurz-
bach, II izlewood, ChenOweth and
! Ayres, MIR Thompson moved 10 table
both amendu cuts. The Robertson
amendment Was tabled, but that Of
Foster WAS adopted by vote OF 81 to
-.
By Mr. Nash-T substitute shall"
/ instead of may" Adopted.
The fl 81 section rs amended provides
that commissioners courts 'shall' re-.
quire the owner or agent OF any in
closed land TO have gales at intervals
reasonably convenient for public USE,
which, with the approaches, snail be
such as are required by law on third
class roads.
by SIR Hlll-To strike out and
amend in section 8, so as To
give land owners second
trial on their sworn application To- the
commissioners court stating that JUS
tice has not heen done them, when
the court shall appoint five other com
missiOners 10 try the complaint and
max. the award, which second award
shall he final. This second trial is in
| the nature of an appeal. Ad"p'ed.
! Mr.. Sto Offered an amendment
au' h1rizing public passage To any
stream running through inCl',ed
| lands, when such Enclosure Is three
miles or more in length.
Mr.. Swan OPP red. He did not
think II just to open passages tu water
IN this way. They knew that come
uleu paiu as uiSH Ao SlU
AN acre for land simply
because of water on II, aud it was hard
| iy fair To put such men on par with
those who bought their wattred
| p stures at considerably less than half
that figure. He was anxious to see all
parties accord d reasonable avenues TO
running water, but he did not think il
right that every three miles of "A mans
inclosure should be broken up to make
| psssageways for one class at the ex.
peuse of the other Those who paid
! for privileges should be permitted to
use them IN reason, aud he thought il
"A fair concession on the part OF
pasture men il they opened passspe s
10 water running seven miles within
their Enclosure instead of compelling
them 10 do So every three miles.
Mr. Ayr said y far as he knew ther.
were very few places west of the Col.
otado where the water FAN Continuous
Y tu any great extent, ana n he were
correct IN his Premises Their" was moth
Ing IN the till Ia prevent man feuc-
ing IN forty miles of waterei lands if
he 20 desired II. For his part he did
not think any nan or CORPORATE m had "A
right 10 fence in "A seven mi a. section of
watered land, and thus shu, out tn.
whole world against using the WA er
with which nature had blessed such
au extensive territory. The state it, !
SILT could not II ii would. and would I
NOT II II could arrogate such privI- ,
lege, aud he wa opposed 10 giving Ia I
private lnhlvi'iuaia rights which would |
materially affect III, best Interests of n /
majority IL. citizens.
Mr.. erot Grdyshn argued that
tue Oil did not deprive the cit lzeu of
any rights lie Wa entitled 10. and
"as FAIR TO reasonable in ils pro-
VISIONS.
Mr. Armstead offered amendment
Ia strike uut the WORKS "stream uf "a
ter running continuously aud insert
stream or lake four miles or more
ia tneir stead, otherWi-e, he argued
men having large Enclosures would
prevent the public from using the iarp,
nodie- OF water OH their proper v.
MT scott explained why the words
water running continuously" wer,
used IN tile bill. II man created WA.
Ter On his land by dauming a CANYON
at llis own exDenoe, IL would b.. rru..I
20 cnuIpel hlm % open IL up Tor the Use
OF everybody. In fact, il would ruin
Tue value oi MS property. He auied
at itast dozen streams west of tina
Colorado Ia which the bill applied.
he house then took a rrcr-s until 2
Afternoon scssion-At three o,clock
The hnuse Was re-As-embl-d and RS
-uuied the c1nsideraii,iu VI the uue.-
li"n pending at ADJOURNMENT. Pr
slous question having been moved and
arTi-u, tile substitute making II com.
pui7ory u Op-n passage-ways ey,.,y
our miles Was then taken up and ac
p pied by the mover OF the amrtd- {
neut .
Mr. Stout made strong argument
"a favor OF opening up ~ the people
'sater wherever IL was In Abundance.
ne favored s-age-ways every three. |
iiiles, tut would he satisfied 10 see IL 4
ixed al four miles. {
on division here voted for th.
'ihehdnient fifty ayes and thirty seven I
rays. I
sir. Pendleton moved an amend
ntnl To The saIne sycliln, that pro- :
'ld+u the uwner OF any property shnlrl
nase affidavit III u the water with n
NY such inclosure il only ..d.au.t. Ia I
uppls iais oNn II ok. Chen la such
-" W. 'ne e.'n,nissioh.fs hall not cause
mr' hazlr@ood favored Mr.. Pendla. I
toms aIirhHmant.
Mr' WurzDach sail he was rs.a,,
~" "iihhg o. vote iUr the hlll M s,.n,
~ ~ tue committee, hut he did 49,,
i"po-e 10 SUPPORT IL IA IN. w,,y ,,.,,, =