The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1884-02-07
TyOITSE
HALL OF House OF REPREsENTATIVE rs,
AUSTIN January 81, 1884.

HOUSE.
HALL OF House OF REPREsENTATIvE s,
AUSTIN January 81, 1884.
House met at 10 a. IN.
Speaker Gibson and quorum pres
ent.
Mr.. Stagner offered resolution re-
citing the facts as to the passage of
| the substitute for House bills No. so
and 81, and requesting the return of
| the bill from the Senate in order that
/ It may be declared unconstitutionally
! passed and acted upon regularly.
The bill is the one relating to un-
lawful enclosing of land, the Patton
amendment to which was lost by
vote of 80 to 80 without the vote of
! Speaker Gibson, and while MeSSrS.
Thompson and Wurzbach, both of
BeNar, were paire'l. and Mr.. Thomp-
son voted no and unintentionally
omitted to have Mr.. WurZbach's vote
recorded aye on the amendment.
which was lost. Mr.. Thompson, it
seems, voted no without understand
ing, or else had forgotten, that he was
| still paired with Mr.. WurZbach.
The point made in the resolution
was, that Mr.. Thompson voted no by
mistake on the Patton sub titute, and
that had he not done so, or had Mr..
! VS.. vote been recorded the result
might have been different on tie vote
ami the casting vote of the speaker;
& motion which had been made by Mr..
! NurZbach to reconsider, and which
had been spread on the journal having
been somehow disregarded.
The resolution after some discussion
in which Speaker Gibson participated
was lost, being considered unnecessary.
The House took up substitute for
House bills 2, 3, 8 and 9. to prescribe
punishment for destruction of fences,
the question being on its final passage.
| Mr.. Jones and Mr.. AyreS offered
amendments, which were lost.
Mr.. Smith, of Travis, moved to re-
consider the vote by which the Ayres
amendment was lOSt-by vote of 43
to is. The amendment of Mr.. Ayres
provides that jurieS in their discretion
may assess punishment by fine from
$50 to $1,000, or confinement in the
county jail twelve months, or by such
fine and Imprisonment in Jail. The
vote was recOnsidered, but the House
refused to adopt the amendment.
The bill was declared finally passed
ayes II, noes %.
At the instance of Mr.. Mckinney,
the House public education bill was
made special order for Friday at IL
O'Clock.
Mr.. Robertson called up House bill
No. A. being on its third reading. 1t
adds fence-cutting to the law against
conspiracy.
Amendment by Mr.. Hill, giving dis
| erection in the matter, was adopted,
and the bill as amended was finally
passed.
Mr.. Upton in the chair.
The land bill, being the special CT
der, Mr.. Woods moved to postpone to
take up resolution that afternoon ses-
sions be devoted to consideration of
Senate oils. Carried.
The resolution was adopted.
} House bill No. 13 was returned by
request Of the Senate. The land bill
being in order, the question was on
the adoption of the Chenoweth SUBJ
stitute.
Mr.. Wurzbach wanted to postpone
to take up substitute House bill No.
SO, providing for leasing the morgan
lied county school leagues of land.
The object of the bill is to prevent
leasing in large bodies to corporations,
and the bill provides for board to
| 1CCIoj VIC 1ttIsklO. Liz W DOSI-
pOne was withdrawn.
The House adjourned till 2:30 p. M,
when the Chenoweth substitute will
be the special order.
AFTERNOON SESSION.
Speaker Gibson and quorum pres
ent.
Senate concurrent resolution of in
quiry, as to cause of error in enroll
} ment Of the lunatic asylum bill of last
session, was adopted.
, Messrs. OdOm, Labatt and Rogers
were excused on account of supposed
accident to the train from San AntO-
MO.
D Mr.. Rainey was excused on account
j, of sickness.
> Sub House bill No. IL, amending
the law relative to gates on or across
6 third class roads, embraced in article
/ Alb of the penal code, was taken up.
Mr.. Foster, of Limestone, had spread
on the journal a motion to reconsider
sub House bills Nos. 2, 3, 8 and 8.
Granted.
{ Senate amendments to substitute
House bill No. IL were discussed.
The Senate having struck out the
prOviso that where the right of way
for any third class road has been paid
, by the county, such road shall not be
INSTRUCTED by gate or otherwise, and
the party so Obstructing shall be guilty
of misdemeanor under penalty of fine
from $40 to %; each day to constitute
separate offense. The House con-
CURED in the amendment by vote of
40 to 49,
| Other minor amendments were con-
CURED in.
Mr.. Labatt stated in regard to the
accident to the San Antonio train that
the train was off the track, but nobody
was hurt.
The speaker appointed Messrs. Fos-
ter of Limestone, Barrett and Garrison
on the committee of inquiry as to the
enrolment of the lupatic asylum bill.
House bill No. %, with Senate
amendments amending article 1850 of
the revised statutes, relative to public
roads, being next considered, the
House refused to concur in the amend
mentS.
Mr.. Frymier called up the motion of
Mr.. Foster to reconsider the vote on
substitute House bills 2, 3, and 9, and
to lay the motion on the table.
AT the request of Mr. Foster the
latter part of the motion was with
drawn.
The motion itself was withdrawn.
| House bill No. 8, with Senate
amendments, was laid over. It
| amends article 6S4 of the penal code.
Substitute to House bills No. 90
and "a with Senate amendments, the
bill to prevent unlawful enclosure of
land, was next considered.
| Mr.. WuiZbach wanted to know
what had become of the House bill.
1t was hard to see what was left of
the House bill. Laughter.
| The House refused to concur in the
amendments.
| The Foster motion to reconsider the
substitute for House bills No. 2, 3, 8
and (the bill having come from the
Senate with amendments) being dis
cussed, Mr.. Thompson of Bexar
moved to call up the motion and lay
the same on the table. A call of the
House being or Tered, he moved alb
sent members be excused, and the
House refused to excuse absentees.
Senate bill No. 10, providing an ap-
preparation of 100000 for the frontier
battalion and detectives for state de-
tense, was taken up.
| There being majority and minor
| ity report on the bill, Mr.. Scott, chair
man of the committee on military af-
fairs, spoke in favor of the former.
| The hill he said simDlv authorized