The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1884-01-31

self the owner of another calf, drop
ped the night before the law shall go
poor widow shall go to the peniten-
tiaryp That poor lady furnished a
fruitful theme for the senator's elo-
move through the chamber, meek
eyed and with supplicatlng hands.
AS the senator pleaded her cause
over the accidental calf, and in
voked the shades of Houston and
Rusk, he fairly made our eagle
scream until l could almt st |
see the Goddess of Freedom bending !
in sympathy over the glowing form |
of her advocate, to clasp to her bosom |
her own dear calf. Applause and
laughter
Constitutional objections torture
the brain of another senator Senator
Houston). If there is one unconstl-
tutionaI provision, l will strike it
from the bill. There is none. Before be-
ing introduced, itwas approved by legal
friends whose names, as juriSts, are
tower of strength in Texas. never
yet saw that senator attack a meas
III I1AlG hO w do iOO 1l1llOSASS>A ~
constitutional qualms. 1t has become
disease. As listened to his oracu-
lar voice, sounding constitutional
doubts, 1 was reminded of one Colin
DeBland, another constitutional law
yer. AT an early day in our history,
DeBland began his speech as follows:
"May it please your honor, my client
is charged with murder. What is
flnT-O y r. nlrrf a
says, is the killing of reasonable
being in the Kings peace Now,
read the constitution Of your country
and tell me, where's your king?
Thank God, the constitution still
scars aloftw Then, stepping back
wards, like the Senator from Bexar,
drawing himself to his full height.
and placing his hand on his receding
forehead, he continued, as he bowed
your honor Bald not from age,
sTITUTION." Laughter
That senator gravely says, in his m l.
nOrity report, that 1--WE do not think
used land that it may grow, and rot,
or be burned on the ground, without
benefit to any one" All, but it does
not rot. It fattens the steer and
clinks in the purse of the Chicago cor
poration stockholders and the Scotch
lord and banker alike, while
the farmers of Texas must run
the schools by direct taxation.
Again that senator says that it would
double our taxable values. Well! has
it come to this, that the mission o.
craftsmanship is to encourage stagna
ton and retard progress? l thought
until now, that craftsmanship
which, while reducing taxation, would
double taxable values, was to be de
sired; and never heard the contrar!
until told so by the constitutional
champions of the opposition. Desper
ate indeed, must be an opposition
when it is driven to seek shelter behinC
such arguments.
COMMISSIONERS OF PASTURAGE.
, But, sir, come to another feature o
this bill, without which it would b
useless. l refer to those section
which create a judicial tribunal
known as commissioners of pasture
with authority to explore those fifty
four unOrganiZed counties, and com
pei obedience to law; to enter that vas
domain, now divided out between
these modern cattle lords, where tn
laws of Texas have now as little fore
as in the plains around Jerusalem
where Laban and Jacob once set III
their land marks. The constitution
permits us to create such court, ant
The bill preScribes it's duties. Eacl
commissioner is entitled to detail o
state troops, when necessary, to act a
an armed conStabulary force under hi
: orders and those of the governor, whel
he enters the Panhandle country. n
: arrests can be made except on proba
: bic cause, supported by oath or afiiT
nation or on view.
Let us consider the duties OF tina
commissioner under this bill. He i
, required to procure sufficient abstract
of titles and leases, and of marks AM
brands, of record in the county t.
, which the unorganized county is at
tached. Thus provided, he enters tina
vast domain of luXuriant grass, wher
natures stiffness is only disturbed b,
the lowing of herds. If no one vii
give information Of vic lation of tn
act, he sends off his escort to inspec
! the brands, and with his abstracts O
deeds and leases which, alone, are mad
evidence, he determines on view @
himself and his sworn constables
the owner of the brands has enoug
a land paid for, to support his cattle. ]
the law is violated, he has no jurisdiC
ton finally to try, but takes bonds II
, turnable to such counties away fror
the extreme frontier, as the law ma
! fix the venue in. Here, there is
means provided to enforce the law
But this shocks the opposition an
they raise a great cry about the libeI
4 ties of the people being in danger, be
cause we would send frontier troop
. up there to aid the law in apprehend
ing its violators. Beautiful consis
tency! This same stock interest whic
, l would protect in every legal right
but which seek to regulate, procure
in 1876 law to be passed for thei
protection, and now on the statut
books, which created inspectors of cat
tie, with unusual powers to stop an,
inspect herds way up beyond the set
Elements at the crossing of Red Rivel
Under that law your inspectors ca
have thousand armed constaOleS i
they want them, and it is notorion
that they did have such up there. Al
right for them but such aid to swor1
judicial officers, sent there to stop a
of them from plundering at the eX
. penSe of the school fund, would b
dangerous indeed.
But the senator from EaStland fairl
fumed with establishment at the ide
.. of requiring those cattle commission
erS to obtain copies of the marks an
brands of cattle, and said it would b
impracticable. Singular subterfuge
is lawyer, and has been judge. LIE
him just read Art 1916, and he viii
find that law passed for the protec
ton of that wild stock interest, al
ready requires his inspectors to pro
cure those very copies of cattle mark
and brands; and if those Inspector
have done their duty, the copies ar
ready now. The truth is, they see IL
this machinery Of commissioners O
pasturage that the sugar teat of FIRE
grass is about to depart from the lip
of the cattle barons and corporations
and they seize upon any pretext to de
| feat the bill.
Now, am not prophet, but it doe
not require one to see that when thi
bill is defeated, come high-soundins
lease bill will take it's place, but NJ
tribunals will be created to explore tn,
unorganiZed counties to enforce it
where there is not even constable Of
magistrate.
The senator from EaStland, stand
ing here behind the barbed wire of hi.
hundred thousand acre DastIIre. move,