The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1884-01-27

ouse for bis absence the day before, that h
| hfd been literally smoked out q the house
Several membfr were excused Tor non
attendance ON account OF siokaess and IA
porant busnfsl,
Chambers asked 10 o,ll up the motion ol
the Journal IN reconsider the vote Oy whlcl
the revenue oil was ordered rugrusstd, Hnt
SID he would withdraw that motion and
move that The bill be- taken up for ita
passage,
Speaker g bson-' The bin has not oeen
entroastd,'
Tho hon 9 resumed the business pc ding
rom adjournment. substitute hpuse bills
Nos 90 ana 81, 10 ProhlDll unlawful irno'
Ing, etc,
The bill is the one reported by the
special commit 10 Oi twenty, and the pend
Ing amendment was one offered yesterday
by Robertson.
The ame0dmont was to proof as to the
enclosure OF land.
The cmrudmcnt was Withdrawn, and
Foster, Ct Limestone offered al uiut nd
ment making tn nilcnse a nisieneanor
with line OF mot less than oO cents nor
more than q pgr acre
Patton offered a substitute tor ihe amoud'
ment, making 1t an oiltnse punishable by
imprisonment In the p.nitentitty lfOm one
10 tise years, or by "A fine OF from 500 TO
81 coo; confinement la the county al not
over one year or fine without tuch imprs
onmeut.
Patton spoke Mt length In favor OF his
proposition. We hgu, no enid, iuly focng
niged the necessit1 Cl making ieuc''cuting
4 felony. Conspiracy IN iercng the lands
Of others saOuld be severely punished.
rh,re wss subs,ratum clusp for fence
cutting, and that WAS the enclosure oi lauds
without legal control ana ownership. ~
= remedy ior ierCr.Cutthg ne suggested,
DO rs We have done, CirA on the course
begun, provide roads and highway Wutfc
necessary, 10 open up WHitf'"Hys privileges
aud fronts. maxi 3 ia felony ip comp tt
TO Cut fences or NHutOuly tep:ruaie uu uth'
or property aud make n lew mat viii II ~
the foundations so as % prevent AZ Hega.
tiOus of capital, corporations ana syudi'
Gates from fencing up lgTte bodies OF land,
such as ho instanCed IN Pcco-
county, where three uen had fenced
up uiEety miles OF land, as ia CDncho ana
NiCioi. 4 CoUnil'', where the value IT prop.
trtY, at he pictured the facts, had been so
largely deprecisted. He favored making
an executive iurc OF 10000 or 500 00D,
to be lecet q the nands OF the governor
10 suppress crime.
Crnyens expressed his surprise at some
OF the positions taken Patton. When we
undertake to legislaio for one class against
the interests OF another, We sapped, Cravens
contended, the very foundations OF
government Tse committee bill had been
prepared in a spirit OF compromise and 40 a
com promise in the interests OF all sections
he favored that bill. He did not believe that
fence.cnttinR could be laid wholly TO large
pastures. III 80, why was II that
where one wealthy cattleman's fence has
been cut, we find hundreds fpoor mems
homesteads destroyed. He did 1ot believe
in making what was only trespass e fel.
. ha IN N antrtt pf
the constitution, unless We meet these
questions in conciliatory spirit for all in
teresis. This extra session would be y
failure. Ifit was wrong to make IT fel-
ony for man TO conspire to cut fence,
then make IL misdemeanor. he hoped
the amendment would be'vol ed down, and
the bill adopted as 1t came from the COM
mitiee.
Hill spoke at length. The whole Issue
was embraced in the amendment
aud the bill. The bill was tub
thrown TO the whale, and for his part
he favored allowing juries discretion in ex'
treme cases. The legislature had some
thing TO do besides protecting property.
Lite should Ds protected rs well, and in
making fence cutting felony we shoult At
the same time provide some redress Tor the
grievances from large enclosures which
may lead to iencecutting. He argued
that the action o ( luries ia the exercise OF a
large discretion would he more etlsctusl
than the limited provisions of the ball. As
to Patton's suggestion of an execu tive
fund, he did not believe that General
Sherman with $4,000 men could prevent
fence-cutting without some provision for
the redress OF grievances both ways.
A petition from Brown county was read
as TO fence.cutting in that county.
Chenoweth spoke, making an eloquent
speech and enlareng upon his views as
previously expressed against the proprety
OF making what would be a trespass tel.
ony. His remarks, as they usually do,elic'
tied applause.
He was followed by Armisead, who also
spoke quite eloquently in answer to Cheno-
weth and in favor OF making unlawful fenc.
ing, rs well as fence cutting, n felony.
When this was done, he concluded, peace
will be restored and the nippers OF the
cnce.culters will be turned into plow-
shares. His views have been previously
presented. His remarks were also ap.
plauded.
stagner spoke in Iavor of a penalty for
both offences.
Mckinney wes appauded for some elo.
Quent remarks in favor Of the committee
bill. When We make cattle men ielons, we
make felons. he said, all oyer the state.
Fences were cut because the fence cutters
didn't want fences, holding that the grass
was free, and didn't belong to those who
fenced tne lands. He did not propose TO 20
treat sucn men as these having grievances.
Upton sal the discussion had taken such
wide range 10 looked ike the members were
naA.ug CJrutrIs pJuuuaI futures. lie
moved the prsvlou5 question.
Patton spoke again alter having read bv
the clerk u petition Of C.t1'us OF WpCeinr
and attached counties n the Pan Haudlf
section. lie argued tina while property has
It's rights iU also hHs its dules 90 the pub
tic. Fining a cattle king oi some great
q few hundred dollars Tor ter c. /
ing 10000 ucres ui land was not, he c9u' /
tended an adequate penalty int the oli,usn I.
After the dc e,ermiGlng OF some points ui /
order by The speaker aud remarks between /
Messr, Armistcld ana Mckinney on per /.
sonul questions the Patton proposition was
lost-ayes, IS; noes, 30
The amendment OF Foster. OF Limestone, /,
was then considered, fixing fine for un- |
lawful fencing and 50 cents per acre fee |
month and holding age nts Of corporations !
ETC., personally responsible. Also, liking |
alternately a penalty Of not over two years !
In the county jail for such offences, half OF
the iine 10 go The owner oi the land unlaw- |
fully inclosed, provided that this shall not
bear recovery OF damages in a civil suit. |
The two propositions were adopted sepa-
rately.
a communication was read from the
of the general land office, |
showing the amount OF lands granted for |
works OF internal Improvement as follows: |
TO railroads, 90, l0j sections; TO river con.
tractors. 1883 sections; total, 43 OlS $50 |
acres. Under the 50 cent law OF 1873 firms |
" corporations bought about 100000 o
,cres. House adjourned till 10 a. m. Mon
lay.
The memorial exercises for Tuesday |
hight, January 2Jsh, en- 1race addresses as |
q the death Of the late Hon. A. J. Leo, by |
Iessrs. Thompson, of Bexar, and Bena-
'ides. OF Webb, and as TO the late Hon. W. /
l. Tucker by Messr=. Jones, ci Henderson,
md Armisiead. Of Marion.
Cold Weather.
PfrrsBURs, Jan, 26.-Lsst night was the |