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

5 Mr.. Patton spoke at length in fav0
of his proposition. We had, he salt
l fully recognized the necessity of max
: ing renee cutting felony. COnspir
: acy in enclosing lands of othe should
t be severely punished. There was {
a substratum cause for fence cutting
5 and that was the enclosure of land:
without legal control and ownership
: AS his remedy for fence cutting ht
suggested: Do as We have done, carry
out the course begun, provide roads
and highways where necessary. Ope1
up wat er ways, privileges and fronts
make it felony to cut fence, make
it felony to conspire to cut fences OF
wantOnly depredate on private prop
crty, and make a law that will sap the
J foundations SO as to prevent aggrega,
lions of capital corporations and syn,
dictates from fencing up large bodies OF
; land, such as he inStanced as i'll PecOs
county, where three men had fenced UP
ninety miles Of land, or in Concho and
Victoria counties, where the value OF
property, as he pictured the facts, had
been so largely deprecated. He fav-
ored making an executive fund of one
or two hundred thousand dollars, to be
placed in the hands of the governor to
suppress crime.
Mr.. Cravens expressed his surprise
at some of the positions taken by Mr..
Patton. When we undertake to legiS-
late for one class against the interests
of another we Slapped, Mr.. CraVenS
contended, the very foundations of
government. The committee bill had
been prepared in spirit of compro-
mise, and is compromise; in the IN
tereStS of all sections he favored that
bill. He did not believe that fence
cutting could be laid wholly to large
pastures. If so, why was it that
where one wealthy cattle mans fence
had been cut we find hundreds of poor
mems hOmeSteadS destroyed. He did
not believe in making what was only
a trespass felony. It would be con-
. trary to the spirit Of the constitution.
I Unless we meet these questions in
cOnciliatory spirit, for all interests,
this extra session would be failure.
If it was wrong to make it felony
for a man to conspire to cut fence,
then make it miSdemeanOr. He
hoped the amendment would be voted
down, and the bill adopted as it came
from the committee.
Mr.. Hill spoke at length. The whole
issue was embraced in the amend
ment and the bill. The bill was tub
thrown to the whale, and for his part
he favored allowing juries discretion
in extreme cases. The legislature had
something to do besides protecting
property. Life should be protected as
well, and in making fence-cutting
felony we should at the same time
| provide some redress for the grieV-
ances from large enclosures, which
may lead to fence-cutting. He ar
gued that the action of juries in the
exercise of large discretion would be
more etfectual than the limited pro-
| tons suggestion of an executive fund,
%, 900 men, could prevent fence-cut-
ting without some provision for re-
dress of grievances both WAYS.
n petition from Brown county was
read as to fence cutting in that county.
Mr.. Chenoweth spoke, making an
eloquent speech, and charging upon
his views as previously expressed
against the prOpriety of making what
would be mere trespass felony. His
remarks as they usually do, ELECTED
applause.
He was followed by Mr.. Armistead,
who also spoke quite eloquently in an
swer to Mr.. Chenoweth and in favor
of making unlawful fencing as well
as fence cutting a felony. When this
was done he concluded: "Peace will
be restored and the nippers of the
fence cutters will be turned into ploW
shares" His views have been previ-
Ously presented. His remarks were
also applauded.
Mr.. Stagner spoke in favor of a
penalty for both offenses.
Mr.. Mckinney was applauded for
some eloquent remarks in favor of the
committee bill. When we make cat
tie men 1elonS, we make felons, he
said, all over the state. Fences were
cut because the fence cutters didn't |
want fences, holding that the grass
was free and didn't belong to those |
who enclosed the lands. Tie did not |
propose to treat such men as those |
having grievances.
Mr. Upton said the discussion had |
taken such wide range it looked like |
members were making corner on po-
litical futures. He moved the pre-
Vious question.
Mr.. Patton spoke again after hav-
ing read by the clerk petition of cit
liens Of Wheeler and attached coun- |
ties in the Panhandle section. He |
argued that while vested rights should |
be protected, yet while property has |
its rights, it also has its duties to the |
public. Finding a cattle king or some |
great corporation a few hundred dol |
lars for fencing ten thousand acres of |
land, was not, he contended. an ade- |
quate punishment for the offense.
After determining some points Of |
Siat. INxrx o,-Irc he
tween Messrs. Armistead and Nc |
Kinney on personal question, the Pat
ton proposition was lost, ayes 81, noes |
80.
The amendment of Mr.. Foster, of |
Limestone, was then considered, fix
ing fine for unlawful fencing at fifty |
cents per acre per month, and holding |
agents OF corporations, ETC., personal |
tial penalty of not over two years in |
the county jail for such offenses. Half |
of the fine to go to the owner of the |
land unlaWfully enclosed, provided |
that this shall not bar the recovery of |
damages in civil suit.
The two propositions were adopted |
separately.
A communication was read from |
the commissioner of the general land
Office, showing the amounts of lands |
granted to works of internal improve
ments, as follows:
To railroads, 60. 1876 sections; to river
contractors, 1858 sections; total, 49,
618,56O.
Under the so cents of 1879 firms or
corporations bought about one million
of acres.
House adjourned till 10 a. m. Mon
day.
The memorial exercises for Tuesday
night, January 26, embrace addresses
as to the death of the late Hon. A. j.
Leo, by Messrs. Thompson, of BeXar,
and Benavides, of Webb, and as to the
death Iof the late Hon. w. II. Tucker,
by Messrs. Jones, of Henderson, end
Armstead, of Marion.
SENATE.
SENATE CHAMBER, Jan, %, 1884.
Senate convened at 10, called to order by the
president. Quorum present. Prayer by the
Chaplain.
On motion of Senator Traylor, reading of
minutes were dispensed with.
Senator StrattOn introduced a resolution TO
the effect that hereafter the afternoons seS-
sion of the senate be devoted to the cOnSidera-
tiOn of HOuSn hills. If WAS moved that rules