Brenham weekly banner. [volume] (Brenham, Tex.) 1877-1907, 1884-01-10

owner Tor all damages. =
l recommend law making it q
felony, punishable by confinement
in the penitentiary for a number Of
years, for any person to willfully
or wantonly destroy or injure the
fence or other property of an
: other.
. 1 recommend tho repeal of the
Limitation laws in cases named
above for the past and future of
lenses.
! recommend law making it a
highly penal offense for any one
: to drive their stock on to any
lands, private or public, for the
purpose of grazing, without the
express authority from the proper
source to do so; or to herd stock
on public or private lands without
express authority from the proper
source to do so.
| l recommend the repeal of limi-
tation laws so far as they would
bar recovery in civil suit for
damages for the destruction of
fencing.
recommend law giving a land
owner lien on stock that trespass
on lands, with the knowledge or
consent of tho owner and against
the will of the land owner, for all
damage done by said stock, and
value of grass and property de-
stroyed by them.
The present emergency points
out, very clearly, the weakness of
our form of government, under the
present Constitution. While the
present Executive does not covet
extraordinary powers, the sug-
gestion is made with the view of
bringing the subject prominent
ly before the people of Texas.
| 1t is singular system that
charges the Executive with not caus
ing the laws to be faithfully exc
cuted, and yet, does not give him
the power of justice of the peace
or county attorney, except in cases
of instruction, rebellion or inva-
sion; and even then, he has not
been provided with the means to
meet these extraordinary emer-
gencies.
While I have exertcd every
power and agency placed at my
disposal to protect society and
punish evil doors, and shall con-
tinue to do so, l will not trample
under foot the Constitution that 1
have sworn TO support. But this
lawless conduct must be checked
and punished, and l trust that
your experience and wisdom will
suggest and formulate remedies
equal to the demand.
Appeals are often made for the
appointment of officers in remote
parts of the State. No particular
officer is designated, or authority
pointed out for such appointments /;
but is is undoubtedly true that in
the larger counties of the west,
some unorganized, there are per,
sons and settlements that rarely
see an officer and are not thrown
in contact with the administration
of the law and as a means of enforc
ing the laws, and in Justice to.
these Heenla, / recommend the
creation of such courts and officers
in those parts of the State, as in
your Judgment may by deemed
necessary. -Ea-T- s lt,f
Some question may arise as to
your power in this respect. l !
think that the clause, ''and in such
other courts as may be established,
by law" found in Sec, l, Art.
5, of the Constitution ample au.
thority, ! recommend this as
one of the repressive means in the
fenced troubles. Doubtless other
remedies will suggest themselves
to. the members of the two houses.
What ever may be done, however,
will prove inadequate, unless the
law-abiding element in the dis
turhed districts will unite in self
defence, not by resorting to vio-
lence, but in the moral forces that
will compel the local officers to
do their duty. Looking at
this end, recommend that
a heavy penalty be attached
to the failure or neglect of any
sheriff, deputy sheriff, or constable,
who shall fail or refuse to go at
once, when notified of a violation
of law, to the scene of the trouble
and do all in his power to aseer-
tain tho guilty parties and arrest
them. The same penalty should
be attached to the failure of any
justice of the peace or county at
torney who may fold his arms when
informed of a violation Of law,
If the lawless elements that are
now destroying fences and other
property do not cease their depre-
dations, it may be necessary to try
them for their misdeeds in other
Jurisdictions, and,I recommend a
provision by which they may DO |
prosecuted in any locality, where
the State may choose to do so.
There are no classes, no indus
tries or material interests in our
State that have not suffered by the
hands of the lawless elements here
referred to. Every energy of this
government under the Constitu-
ton, should be invoked to restore
order and punish crime; and l have
great confidence that your wisdom
and prudence will bring into life
remedies that will prove adequate.
l wish TO impress the fact that ]
have more anxiety to see the laws
enforced and life and property
protected that l have about the
success of any measure herein sug-
gested, and L will most gladly yield
to other measures that may offer
more fruits. ---
FREE SCHOOLS.
The amendment to the Constitu-
ton adopted by the people neces-
states some changes in the pres
ent school law. The report of the
Board of Education, and tho Hon.
B. NJ. Baker to the board has been
printed and will be presented for
your consideration. In them you
will find much valuable informa-
ton and suggestions that will
lo,L.I. IL -, =, A. ol,+;ox