The Dallas weekly herald. [volume] (Dallas, Tex.) 1873-1885, 1884-01-24


900 aou mo contrary. n H iaf. vel.
lnnWn ihh. ntaflY every mos I. lpHhH
yhn own cattle lf maEinr 900 frIfIn.
.hiH HndnnvufH tl ufnIuf UF puf.
hAso ar lease fulilu.eut o. tsrp
bhm lhiH bulnn ifuJ, W. must
lpk ~ HpuN other element Oi flClnly 10
ilnd the ienOHOulief. W. iludlu hiin tho
tSless ihrililess. imprOvdani eN0fosrence
"a society which his Hcls would Indicate.
r. IL with the iawless elament that We have
10 dead, the same element which furnishes
tnu cattle aud horse thieves If lie state, the
same element which crowds our pruiten-
thfits tor tho violation al every provision
oi the penal code. There have been some
lew who are qussi good citizens wholly the
immunity from puniahment which crim'
lual eleDOnta have enjoyed. or ne nght
peualty Of the law, or infueEced by disGre-
ION aud the ComInunislio interviews aud
| etleTs from demagugue5 published In the
ast lew months. nave been Induced 10 give
| oountouauce and encouragement 10 crime
| II which, In lev WesE', tney viii DO heart
| lily Eahamed,
Nc Chairman and sennlorG, wish to be-
disiiuouy understood sa uring on The side
| ct law 4ud order, and heartily uppO ed 70
| this element which IL making way upon the
properly oil ine country. whether you
diguiiy them by the name 0' communists,
| or cal them by their right nHlaes--thitves,
| fubhera, iuCendlarie5 and aBsssdns-it
| makes no difference TO me. ! have no com.
promises ar concessions 10 make TO them.
| rhrTe is no instance IN the history OF the
world where KING has beeus 10 treat with
| ar make concessions 10 the commune that
| the kings head has not been the final de-
| mand, and with 1t only has he paid the
/ penalty of his folly. Nov, acting In behalf
of Texas, | shall not agree to make conces-
sions 10 tnis element. They must be sup
pressed; law and order must prevail; the
property oi the country must DO protected,
whether " he the single COW OF the poor
man or the thou snds OF the rich. / have
| faith in the honesty and patriotism OF the
great mass OF the people, and all the
special peRdings OF the senator from
Travis cannot convince me that the
$4,000 farmers In Texas will not
IN the jury box enforce any law The eight
zenith Legislature shall enact. j am not
prepared TO admit that the constitutional
courts of the country are not capable Of
redressing these wrongs, or that IL is neoes'
sNry to organize special tribunals clothed
| with extraordinary pewers aud backed by
military force with q rowing commission
giving them jurisdiction to ride from Hsr-
riSon county TO the Panhandle, and at
every step 10 trespaSs upon the
rights and liberties OF the peo-
people OF Texas. do not concur
munist. There 10 no such blush upon
page of the statutes Of our state there is
90 Instance where proper disposition has
not Deen shown to protect tn. property OF
the citizens Because from time imme.
mortal no greater sanciity has bees given
to the grass growing upon the western
plains than o the crops OF the farmer, aud
when left uninclosed they have been util-
lied by the tlocks and herds of our. citizens,
il nj a
senate understand it, the senator from
Travis has become panic-strCken aud sud
denly awoke-to the fact that the grass con-
sumed is the "children's grass" 1t is I'M
safe to follow such 3 leader. If you
were going into q battle it would
not do to trust as your leader one
who wonld run At the first fire. Ii you
are sick and send for doctor you do not
want man who, when he feels your fe-
vered pulse, becomes so frightened that
he cannot tell the difference between auI-
nine and morphine. When the state is in
danger you will not follow a leader who
would carry you away from your ahchor-
ings-tho'e great principles of government
and constitutional liberty, on which the
stability OF your government depends, But
let US see what the provisions of this bill
are and what special objections are urged
against it. l am here, Mr.. Chairman, from
one OF the largest, most populous and rich
est districts in Texas. My people are as
patriotic as any and pay US much ia taxes
to the support OF the government. They
are, too. as much Interested as any in o
proper settlement OF the evils OF the DAY. |
came untrammelled by any previous ex-
preston through the press of the country.
and while my views were none the less pro-
nounced on that account, l was and am
ready to accept any reasonable settlement
of the difficulties which beset us. When
this bill was presented to me did sincerely
hope that it would present reasonable so.
adopt. With this view | went to
work upon it in good faith. l
studied it csretully-as a lawyer l e8-
amintd its provisions. | tried to disrobe it
OF its evils and to take of it that which is
good, but found that it was inadequate to
meet he exigencies of the hour and that
my time had been lost, for l could make
nothiLg out OF it.
The first objection urged by the minority
report is that it sfs unconstitutional. (Sec.
ton 81, article g. of the Gonstitution). 1t
contains more than one subject which is not
expressed IN its caption. En- titled An ACT
to regulate Grazing" it under axes to reg
ulate fencing and punish fence.cutting, |
which, by the constitution, is recognized az
different subject of legislation. (Section
% article 16, constitution. 1t provides for
sill different subject under the consttu.
tuition. 1t provides for the organization of
u military force, their equipment and |
pay, a1oiher different subject not disclosed |
IN the caption. 1t provides q means, as is
claimed by its friends, to compel citizens to
buy or lease the lands belong ng to the
school ind, yet e different subject. This
being tue, have but to cite the lawyers
of this body to the cases decided by
our OWE supreme court: San Antonio VS..
Gould, "a Tex. Rep, 40. Gliding VS..
San Anonio, AZ Tex. Rep, 64S Again, the
fifteenth section is in conflict with section
as, article 3, of the constitution which Ger.
tainly will satisfy any lawyer that in the
Legislature is vested the power to fix the
venue il criminal cases and that the legisia.
ture shLll authorize the courts of the ceun.
try to change that venue under certain
The principle of law is
Older than the senator from Travis, that
the leg stature shall not delegate to the
govern,r Its legislative power; it must per-
form it, own duties. But even if constitu-
tional, would it be safe in principle,
proper precedent to set? If the congress of
the UL|ted States, now in session, were to
invest ne president with such power, the
power,at his own free will and on his in
divldui order, to drag citizen OF Texas
trom hs home and declare that he should
be trie' in Maine, it would produce revo.
luton this country which would shake
the CAPITOL ut Washington to its founda.
tion tones. / am not willing to 20 (
TO sun extremes simply because there {
has |een some lawlessness in the
,ountH. l was surprised at the argument /,
sdyan'ed by the senator (rerrelD in sup {
port otis constitutionality. He says if I
luis bill is unconstitutional, then other
neasu es passed heretofore by US are 30.
II we timit his proposition to be true, tina
act DIES not help this bill. He says that '
I this )e unconstitutional then the whole
tevisei Statutes, which were passed in one {
oH1v h, 30 | .