The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1884-02-07
HOUSE.

| JOHN IRELAND.
Governor.
| HOUSE.
HALL OF HOUSE OF REPRESENTATIVES,
| AUSTIN Jan. 80, 1884.
| House met at 10 o'clock, Speaker
Gibson and quorum present.
Prayer by the chaplain.
| House resumed the business pending
| from adjournment Substitute for
House bills 2, 3, s and 8.
Mr.. Ayres spoke in opposition to the
substitute of Mr.. Foster, of Limestone,
for the first section of the bill He
agreed with the argument of Mr.. Fos-
ter of Grayson the day before, against
the substitute. He argued that it
would be impossible to pass bill in
this house making the offence a felony.
| Mr.. Labatt spoke, saying he had
waited without speaking on the queS-
ton, till now it seemed proper for him
to give his views. The time had come
when there should be no eXtenuating
circumstances for fence cutting. I'm
der the substitute it makes fence cut
ting no felony at all, under certain
circumstances. He favored the COM
mittee bill as proper compromise of
all interests.
Mr.. Jones spoke in answer to the
argument of Mr.. Foster, of Grayson,
as to the difficulties of proving owner
ship of the enclosed lands. He did
not think the difficulties so great as
had been represented. Coming to the
substitute he did not see why the
making of an obstructing fence should
be any greater offense than cutting it.
1t would legaliZe theft, he argued, to
allow man to enclose for ten years
lands that did not belong to him,
while at the same time the man who
opened such enclosures was to be de-
clared a felon.
Mr.. Foster, of Limestone, replied as
he said in good humor to some of the
remarks which had been made as to
him. AS to the gentleman from Delta
saying he (Foster) had tried to impress
his photograph on every bill, he re-
but unintentional compliment paid
him. The gentleman's breath had too
often been like Jerocco blast TO
many good measures which had Leen
before the House. He hoped to be ac-
corded an honesty of purpose, for GER
tainly he had no axe to grind. He
| AdI OllClCu OuOOGGGuUC LII SOOu
faith.
lie was willing to make fence cut
ting felony under all circumstances,
but if we allowed man to cut his
way out of an enclosure the pasture
J men should be allowed, on the other
hand, some protection against men
: thus taking the law into their own
! hands. The parties should have their
rn1rncS nrnnnrlxy n tho rfc on1 no
| fore the juries of the country, accord
ing to the measure of damages and
the gravity of the crimes.
Mr.. Thompson, of Bexar, made some
forcible and eloquent remarks. Not
only the people of the state, but of
the union, he said, had been, day by
day, patiently watching this legisla-
ture for some proper remedy aud solu-
bait, he thought the contract, with all
the interests concerned should be
faithfully observed. But Mr.. Foster
had offered substitute and amend
ment on amendment, and substitute
on substitute had been piled up till the
features of the bill had been substitute
ed out of existence. He wanted to say
here to-day that he represented in
part the great interests of the South
west, and that the men who cut the
fences are cow-thieveS - men who
have branded and mavericked cattle
and filled the dockets of the courts
for the last twenty years-and the
same men are to-day destroy ing the
pastures and property of others with
out excuse, and should themselves be
branded in the eyes of the country as
cow-thieves. He challenged any man
to show where fence had been cut
where any causes existed for its de-
struction. The pasture men, as he
said before. had fought for the coun-
try, and opened the way to its SETTLE
ment and civilization. If, he argued,
we defeat this bill there will be war
in the clouC.S; and if blood flows he
wiped his hands of it. The people of
his section, he said, were law-abiding.
They appealed to the power of the
government for protection for which
they had paid their taxes, and were
entitled to it. AS for the fence-eutter
not being represented here, he found
that he was, and that, on the other
hand, he,a the representative of law
abiding constituency, had to raise his
voice in defence Of landowners as the
under dogs in the fight. He was always
on the side of the weak when OPP
pressed by the strong. But the ques-
ton as to poor men, or cowboys. or
cattle kings, or land monopolists
should cut no figure here in varying
the equipoiSe in the scales of Justice. |
AS poor man himself he naturally
sympathized with poor men; but his |
sympathies were equally with the |
rich man when the scales of Justice |
were turned against him, and he or
the poor actual settler either were
being robbed or their property de-
stroyed. He should vote against the |
substitute and hoped the House would |
adopt the bill. If we do not do some !
thing to settle this question we will |
have to go home and hide our faces in |
shame.
Mr.. Rogers opposed the substitute. |
The pasture men were fully aware of |
the difficulties which had been caused |
by large fences without means of |
egress. He wanted the bill as it came |
from the committee and opposed the |
substitute.
Mr.. Taylor thought the matter had |
been sufficiently discussed and moved |
the previous question on the bill and |
substitute.
The House refused to order the
main question, but ordered it on the
substitute.
Mr.. Lakewood replied to Mr.. Fos-
ter, of Limestone, on question of |
privilege, citing that gentleman's po-
sition as to the question of the resolu-
tions offered by Mr.. Brown endorsing |
the governor.
Mr.. Foster replied that he could al
ways be found to answer personally |
any question of privilege.
The substitute was lost-ayes, 28; |
nays, Go.
A substitute offered bv Mr.. Nash |
for the first section, and similar to the
one votei down, was lost. So was an