Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1884-01-30

hoard of education" Auopteu.
Senator Kleberg moved to amend
section SO by inserting English gram
mar at the end Of line. l.. Adopted.
Senator Cooper moved to amend by
adding after examination" In line
thirty-three, the words under oath.
Adopted.
after the word examiners IN line
twenty-eight, the words without
charge to the teachers Adopted.
Senator Terrell moved TO strike out
of section 81 the words ANY OF the
class of certificates mentioned in this
section may be at any time revoked
by the state superintendent"
Adopted.
The provisions authorizing the
granting of teachers certificates from
normal schools of other states or from
the state superintendent of Texas were
stricken out.
sections IS, 80 and so were odopted
without vote.
Senator Buchanan moved TO amend
Section 81 by adding "prouided that
trustees of districts or communities. in
making contracts with teachers, shall
not create deficiency debt against
said districts or communities.
Adopted.
sections 90 to 10 inclusive were
adopted without vote.
Senator Stratton moved to amend
Section 20 by eXempting Brazoria and
Matagorda companies from the opera
ton of the act. Adopted.
Sebtions ST TO IS inclusive were
adopted without vote.
Sections 90 to los (the end of the
acD inclusive We're adopted with some
trifiiug verbal corrections.
Adjourned.
Austin, January %. - The house
was called to order at ten o'clock, with
Speaker Gibson and a quorum present.
Prayer by Rev. DIR. Sweet. Messrs.
Craven and Townsend were excused
from attendance.
The substitute house bill entitled
IAN act prescribing punishment for
the unlawful and malicious cutting
and destroying of fences, and fixing |
the venue thereof" came up, and the |
substitute bill as reported by the COM
mittee was adopted.
Mr.. Chenoweth moved TO amend so |
that person who was inclosed within /
the fences of another, who refused to
give him means of ingress and
egress, would have the right
to open up passage or
passages for his accommodation with
out mourning any penalty under the
act just adopted.
Mr.. Merriwether favored the amend
ment
Messrs. Upton, Swan and Browning
spoke against it, and on q division
there voted for the amendment 30
ayes and II nays.
By Mr.. rmistead-Defning what
is a legal fence.
BY Mr.. Barry-A substitute, de-
filming what ought to be lawful
fence. Mr.. Barry said there were
some fences which, although the law
might not justify their being cut
down, God Almighty did, for they
were no better than traps and blind
holes for the injury OF horses and
other animals that came along, and he
did not look upon il as crime to tear
them down, either by night or day.
Mr.. Thompson of BeXar moved to
table the substitute, and on vote
being taken there were 81 against the
su bstitute and "a noes. The amend
ment was then put before the house
and carried.
Mr.. Moore of McLennan moved as
a substitute that sections / and of
the bill be wholly stricken out. He
would not by his vote declare that
a man charged with an offense,
be it encecutting or otherwise,
could not get fair trial in his own
county, and that was practically what
this bill set forth, for IL empowered the
.,lt ntn 10 "A
from every part of the state, and try
felony to cut wire fence. In all cases
of felony. even for murder itself, there
are mitigating circumstances, but i'm
this iron-clad measure there were
none. A man to cut fence must nee
essarily go to the penitentiary, if con-
victed, and that was all there was to |
it. Now, there were cases in this state |
where fences We're cut down, and he |
believed the act was justiiiable. |
Take McLennan county, for eX-
ample, and they would find such |
to be the fact. From Waco all the |
way to Rock Dam, twenty-siX miles, |
the water was so fenced in that neither |
n cow, a sheep nor n horse could get |
into the BraZos bottom. II is high |
and dry land all along that ledge or
ridge, and he asked any man on the
floor If he saw his COW lowing aud dy-
ing for water, and heard his children
crying for milk and butter, would he
not cut down that fence and save the
poor animal from death by letting il |
have Il drink? He thought they
would. Apart from this, the bill |
sought to bring poor man from dis
tant places all the way to Austin to !
stand his trial and compel him to spend |
every dollar he has got to defend him
self. He was not in favor of such n |
harsh measure, and therefore he moved !
his substitute.
Mr.. Thompson of Bexar moved |
TO table the substitute. The substitute |
was divided into two parts, and on a |
vote section one was allowed to remain |
a part of the bill, but section two.
which provides for the prosecution of |
fence-cutters either in the county !
where the offense was committed, or
in Travis county, was warmly con-
tended for by its friends, and objected |
to and protested against by its oppo-
nents.
Mr.. Parsons offered an amendment |
that offenders might be tried in the |
judicial district in which the property |
was destroyed, or in the adjoining dis |
trict instead of changing the venue to
Travis county.
The question was discussed ut con-
siderable length by Messrs. Taylor,
Browning, Douglas, Robinson and
others.
Douglas spoke strongly for Moore's