The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1884-02-07
which that body persisted. Granted.
House adjourned until $50 Monday
morning.


IS SENATE.
q SENATE CHAMBER, Feb. 4. 1884.
Senate convene, IL 10 o'clock with
o quorum present.
! President in the chair.
Prayer by the chaplain.
The reading of the minutes was dis
: pensed with.
Senator Harris, chairman of tn
: committee on judicial districts, r5
: ported unfavorably on Senator Gibbs
= bill, to create a criminal judicial dis
l trict of Dallas county, because it is to-
late in the session to give it prope
consideration.
On motion of Senator Buchanan
the Senate reconsidered its refusal t.
I recede from its amendment to tn,
House tax bill and requested its return
,, to the Senate.
The further discussion of the bill
fixing penalty for owner of enclosed
land turning stock loose, was resumed
under the head of unfinished. The
bill was defeated.
The Houston trespass bill was
again called up. The Terrell amend.
ment was adopted. The Senate was
again called and the further consider
dGlOn OIL CQe Dill delayed.
Senator Gibbs bill, reserving right
of way for roads, was adopted.
Sen:te committee bill, to provide for
the investment of school funds. The
bill was amended and passed to en-
groSSment.
Senator Matlock reported on behalf
ct the special committee, that the
error in the enrolling of the lunatic
asylum bill was purely clerical.
Senator Gibbs bill to justify the
killing of fence cutters, was indefi-
nitely postponed.
The GetZendaner bill for the
investment of county school funds,
was passed under suspension of the
rules to engrOSSment. Here call of
the Senate further delayed the bill.
Senate adjourned until o'clock.
| AFTERNOON SESSION.
House bill No. ID was laid before the
Senate by the president.
Senator MatlOck presented report
from the free conference committee
on substitute for Senate bills Nos. so
and "a, presenting substi-
tute bill by the conference com
mlttee, and asking that the Senate
recede from its amendments. Moved
to postpone action. Lost.
| a message from the House was re-
ceived, to the effect that the House
refused to adopt the report of the con-
ference committee on this bill (Nos.
so and 8Q. Also that the House re-
fused to adopt the Senate amendments
to the tax bill, and requested another
| free conference on both these ffiatters.
Senators Gooch, Kleberg and Hous-
ton were appointed such committee.
On the tax bill the Sen
ate receeded from it's amendment
| increasing the school tax and recede
from the general revenue, increasing
it to 221 cents on the dollar.
Senator Gibbs moved as there were
no House bills before the Senate to be
acted upon, and no Senate bills that
could be considered, that the Senate
stand adjourned until 10 o'clock to-
morrow. Carried.
HOUSE.
HALL OF REPRESENTATIVES,
AUSTIN, Feb, 4, 1884. :
House met at $50 o'clock. Speaker
Gibson and quorum present. Prayer
by the chaplain.
Mr.. Rosenthal moved to reconsider
the vote by which the school bill was
passed to third reading. Carried.
He offered an amendment to section
e, that teachers certificates shall be
valid anywhere in the state without
denomination until forfeited as here
in provided; provided, however, that
when teacher moves from one coun-
ty to another, before leaving such
county shall obtain from the county
superintendent or county judge a GER
tlticate showing that the certificate
has not been cancelled, and no teacher
who removes into another county and
fails to secure such certificate shall be
| competent to contract with trustees
| without denomination.
The amendment was adopted-ayes
! 80, noes 81.
Mr.. Upton, for free conference COM
mlttee, presented a privileged report
on Senate substitute for House bills SO
and "a, to prevent unlawful enclosures
| OF lands, recommending that the Sen
ate recede from all amendments to the
House bill, with certain exceptions,
and presenting compromise bill.
After considerable discussion the re-
port of the committee was rejected by
vote of % to So.
The reported bill reads as follows:
We recommend that the whole bill,
after being amended, shall read as fol-
lows:
An act to prohibit the unlawful fenc-
ing or enclosing, or keeping enclosed,
of the lands Of another, and of the
public, public school, university, and
asylum lands of the state of Texas,
and to prevent the herding, or loose
herding or detention of stock upon
the lands of the state, the public
schools, university and asylums, and
to provide penalties for the violation
of this act.
See 1. Be it enacted by the legisla-
ture Of the state of Texas, That if any
person or corporation shall knowingly
make, or permit to remain standing,
any fence on or around the lands of
another, or the public, public school,
university or asylum lands of this
state, without the written consent of
the owner thereof, duly acknowledged,
or a duly executed lease of such land
from the proper authority, in case of
| public, public school, university or
| asylum lands, as the case may be, duly
recorded in the county where the land
| lies, or to which it is attached for Judi
| cial purposes, he shall be deemed gull
| ty of miSdemeanor, and upon con-
viction therefor fined in any sum not
less than fifty cents and not more
than one dollar per acre per month
for each month so enclosed, or fined
and imprisoned in the county Jail for
any period not over two years. With
in the meaning of person, as used in
this act, is included every man man.
aging or controlling for a corporation,
| firm, or joint stock company, and any
and every individual or person who
shall aid, assist or direct in the viola
ton of this act. Half of all fines col
lected under the provisions of this act,
shall be paid to the person or persons
informing on the person or corpora
ton who shall unlawfully enclose any
land; provided that each three months
said land so enclosed shall constitute
separate offense. A fence within
the meaning of this act is any struc-
ture of wood, wire or both, or any 9TH
er material, intended to prevent the
passage of cattle, horses, mules, asses,
sheep, goats or hogs. Where persons
or corporations have unlawfully
fenced land belonging to the state, or
public school, university or asylum
| lands, it shall be the duty of the attor-
ney general, either in person or by
proxy, to institute proceedings in the
name of the state against any person
or corporation 50 unlawfully enclosing
said lands; and the expense incurred
in employing counsel to prosecute
1 -