Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1884-02-01
THE LEGISLATURE
Negligent Legisiation--Au Error In an
Important Bill.
Cross Purposes Of Senate and House
Another Days Delay.
Special to the Gazette.

Special TO the Gazette.
SENATE.
Austin, January Sl.-The presiden
laid before the senate the Dill TO pro
hibit the unlawful fencing a lands .
Pope offered a substitute for the oil
increasing the penalty, but afterward
with rev 1t.
Gooch offered the following amend
ment.
Section l. Be it enacted by the leg
islature of the state of Texas that l
shall be unlawful for any person, hrn
or corporation to fence or aid In fenc
ing or cause to be fenced any school
university or asylum lands within thl'
state, unless the same shall have been
first leased from the state.
Sec. > II shall be unlawful for any
per,on, firm or corporation TO herd
or aid in nerding or cause to be herd
ed, loose herded or detained Tor graz.
ing any cattle. horses or sheep on any
school, university or asylum lands
within this state, unless the same shall
have first been leased from the state
Sec. 3. Any person who shall know.
ipgly violate any of the provisions OF
sections or OF this ctsball be guilty
of q misdemeanor and upon conyic-
ton shall be fined 500 for each year or
part of a year for each section or part
of section, (meaning each six
hundred and forty acres OF
land or less, whether surveyed In see
tions or not,l which shall be used or
trespassed upon contrary TO the provi-
sion of this act.
Sec. 4. The owner Of the cattle,
horses or sheep shall be liable 10 the
state in the sum of 500 for each year
or part of a year for each six hundred
and forty acres or less that may be
used or trespassed upon contrary TO the
provisions of this act, which may be
recovered In civil action without sf-
fecting the criminal prosecutions pre-
scribed herein.
Sec. 3. Where such Unbiased land
is now fenced or herded upon contrary
TO the provisions of this act, it shall be
a bar to the criminal and civil prosecu-
ton herein before provided for any vi
olation prior to January |, 1885, If the
violator OF this act or the owner Of the
cattle, horses or sheep prior to the first
day OF September, 1854, pay into the
state treasury thirty-two dollars for
each section Of $40 acres (or tract of
less size) used contrary to this act for
the benefit of the fund to which the
land belongs.
Sec. g. The state land board shall
make suitable rules and regulations,
and appoint agent to protect the in
terest of the state in matters arising
under this act.
Sec. 7. The governor is authorized |
and 1t is made his duty to employ all
means which he may think proper
and necessary to ascertain all infrac-
lions of this act in the unorganized
counties, with a view to the enforce
ment of this act and to enable him to |
secure the enforcement of this act i'm |
such unorganized courties, the sum of
siO,0OO is hereby appropriated out OF
the money arising from the lease of |
lands mentioned In this act.
Adopted.
Pope offered to amend by striking
out ,''misdemeanor' and inserting "fel-
onyh and adding "shall upon c0nvic-
ton be punished by imprisonment in
the penitentiary lot more than three
years, or by fine OF not less than 500
nor more than S2,00O.n
TraylOr offered To amend by striking |
out the felony clause. Adopted, and |
Pope's amendment lost.
Pope offered an amendment provid-
ing that person may exempt himself
from the penalties by constructing IA
fence upon his own land entirely
around the land so inclosed, thus
it from his pasture, and by
giving him ingress and engress
through and over the pasture with Us
many Ms four gates. Adopted.
Matlnck offered an amendment pro-
'idiug that person may avoid the
by depostng with the state
treasurer for the benefit of the owner
en. cents an acre for each tract in.
closed for each year Adopted.
,Chesiey offered an amendment
adding, provided that the person so
enclng either owns or legally controls
The lands surrounding the lands of
another 50 inclosed." Adopted.
TrayloI offered to amend by adding
nat this act shall not
apply to persons who may
DC settled upon land not their own,
when the principal pursuit of the per
son is agriculture. Adopted.
Terrell offered an amendment strik-
ng out the word Corporation
Adopted.
Terrell offered to amend by adding
that within the meaning of the word
person as made In this act IL includ.
ed every one owning and controlling
FOR corporation, firm or joint stock |
company, and every person who shall |
act, ala or direct In the violation OIL
this act. Adopted, aud the bill passed.
House bill to punish fence-cutters
was taken up.
Patton offered to amend by adding
after the word "wantonly" the word
with intent TO iniure the owner,u
Adopted, and the bill passed.
Adjourned until o'clock.
AFTERNOON session-Mallock, for the
cohlnittee on publiclands, reported ia
vorably the bill having for It's object
IN periecting OF land titles TO depart
ment clerks.
Gibbs called up his bill recurring n
gn,eway IN every two miles Of fencing.
Iraylor oiieredsto amend, by giving
persons who now have fences six
mounts Within which to pu. up gates.
Peacock Offered an amendment strik.
lng on. Two and inserting three miles
Matiock offered an amendment re-
ssaal n the law to pastures of over
s,0u0 acres. Lost.
etratton offered an amendment that
Adopted. ~ pasture ianos'
shannon offered an amendment
osiMihS That the three miles of fenc-
Adopted. 'Ae Same oireclion'
,,,, mauock offered an amendment To
pnn.sn PERSONS for, willfullv ieavinc
gates open Adopted. "s
Terrell offered an amenamen,1
aosidlng that NO gate shall