The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1884-01-24
HOUSE.
HALL OF REPRESENTATIVES I
AUsTIN, TEX, Jan II, 1884. !

It HOUSE.
r HALL OF REPREsENTATIvEs
IA AUSTIN, TEX, Jan II, 1854.
Il House met a. 10 a. IN.
l. Speaker Gibson and a quorum pres
k ent. Prayer by Rev. DIR. PoindexteI
d chaplain. Reading of journal dis
g pensed with, and several members ex
v cused for limited time on account O
f sickness or important business.
g Mr.. Acker presented petition o.
l citizens of Lampasas county in favor
I of herd law; and from same county
) against such a law. Both were re,
5 ferred to the special committee OF
twenty.
, BIr. Lindsay presented a memorial
of the Brown County Wool Growers
: Association asking protection for the
wool growing interests of the state
Referred.
Mr.. Odom presented memorial of
the citizens of McCulloch county on
the subject of herd law.
By Mr.. HaZlewood-House bill No.
n, to amend article go of the penal
code, defining justifable homicide,
and adding the right to prevent
the willful and malicious destruction
of property, or when homicide Is In
! hASICN dPOA q PCA50A A0uAu dIulCl
with deadly Weap apons and in disguise
in the night time on premises not his
own. whether the homicide be COM
mittcd by the party injured or by
some one in his behalf, when the
killing takes place under the follow
ing circumstances:
L. lJ must reasonably appear by the
acts or by words, coupled with the
acts Of the person killed, that it was
the purpose and intent of such person
to commit one of the offenses above
named.
2. The killing must take place
while the person killed was in the act
of committing the offense or after
some act done by him showing
evidently an attack to commit such
offense.
). 1t must take place before the Of
Tense committed by the party killed
is actually completed, except that in
case of rape the ravisher may be
killed at any time before he has es-
capped from the presence of his victim,
and except also in cases hereafter
enumerated.
4. Where the killing takes place to
| prevent the murder of some other
person it shall not be deemed that the
murder is complete, so long as the
offender is still inflicting violence,
| though the mortal wound may have
been given.
3. If homicide takes place in pre-
venting a robbery it shall be justif.
able If done while the robber is in the
presence Of the person robbed, or is
| flying with fhe money or other article
taken by him.
6. In cases of manning, dishguring
or caStration. the homicide may take
place at any time while the offender
is mistreating with violence the per-
son injured, though he may have COM
pleted the Offense.
z. In case of arson the homicide
may be inflicted while the offender is
in or at the building or other property
burnt. or flying from the place before
the destruction of the same.
s. In cases of burglary and theft by
night, the homicide is justifiable at
any time while the offender is in the
building, or at the place where the
theft is committed, or is within reach
OF gun shot from such place or build
ing.
9. When the party slain is engaged
in any attempt by word, gesture or
or persons and put them in bodily
fear, or to wilfully and maliciously
destroy the property of another,
whether in the day OF night tune.
The bill was referred.
By Mr.. Moore, of McLennan, House
bill No. rs and 79-To amend articles
I139 and 1140 of revised statutes re-
lative to county officers.
By same. House bill No. 80-To amend
article 1911 revised statutes relative
to county commissioners court.
BY Mr.. Hill, House bill No. S2-To re-
peal article AIS revised statutes rela-
tive to powers of boards of equaliza-
tiop.
BY Mr.. Pendleton, House bill No.
S3-To make the killing, wounding,
manning or poisoning of horses, cat
tie and other animals felony and as
sessing the punishment at from one
to five years in the penitentiary.
By Mr.. MCCARTHY, House bill No.
84-To pIeye2t enclosing lands by
non-owners or lesseeS of same under
penalty not less tn an $500 and twelve
months imprisonment in the county
Jail
Senate joint resolution asking Con-
gress to grant right of way for the
Gulf, Colorado s. Santa Fe road across
the Indian territory passed.
Petition OF citizens of Wheeler
county, relative to pastures, fences,
etc, was referred.
The speaker had read communica-
ton from the state land board, giving
the information that at meeting Of
the board a resolution was adopted
that it was the judgment of the board
that the best interests of the state re-
quired that the school, university and
asylum lands be sold to actual set
tless,lin amounts not to exceed -
acres, and that the land be leased to
proper parties. Referred.
Substitute House bill No. IL, amend
ing article Ais of penal code, the gate
Law, came up as unfinished business,
and passed without amendment.
House bill No. %, amending the
road law, article 4360, r. s., next in
order on third reading was postponed
On account of not being correctly en-
rolled.
House bill No. 44-TO amend the
law of conspiracy, article 904, penal
code, was taken up, and pending dis
cussion by Messrs. Patton, CrayeDs,
Jones. of Henderson, Brown, of John
son, Mckinney, Labatt, Robertson,
Ethridge and Ayers the hour for the
special order having arrived, the bill
was postponed and the House took up
the Dill to release taxation which
with amendmentments proposed by
the committee and others suggest
ed by various members, was
discussed. very much upon the
same grounds of the discussion of last
session on the first section of the bill,
which proposes to reduce the school
tax to 20 cents, as suggested in the
bill, and 10 cents as amended by the
committee.
The discussion was participated N
mainly by Messrs. Cochran, Wurz-
bach, FTymier, Scott, Cramer. Nash,
Ayres, and Brown of johnson, and
pending the discussion the House adj
| journed till 10 a. IN. Friday.
Mr.. Cochran's tax bill as drawn by
him did not tax doctors or physicians,
nor increase the tax en- any Occupa-
ton; but relieves physicians. who
have a fixed residence, from the tax
levied on travelling or itinerant med
ical specialists; nor does the bill as
reported by the committee levy any
tax on physicials or dentists, but does
levy tax on all medical specialists,
Including dentists, who have no fixed
residence in the state, but travel from
place to place practicing their spe
cialty.
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