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

j. for each acre enclosed, for each year O
y part of year the same may be en-
closed prior to indictment OF informs
ton; provided. the person who in
closes the inner tract shall own o
legally control the land upon Whicl
a the fence is constructed. But, in Sucl
case the owner of the fence shall b
liable to pay the owner of the inne
tract the value of the rent or use il
: excess of 10 cents per acre, which ma,
be recovered in civil action.
2 Sec. 6. 1t shall be unlawful for any
= person, firm or corporation to herd, Of
aid in htrding, or cause to be herded
loose herded, or detained for grazing
, any cattle, horses or sheep on any
: vacant public domain, school, univer.
slty or asylum lands within this state
unless the same shall have been leased
, from the state.
Sec. Z. Any person who shall know
lngly violate any of the provisions in
section of this act shall be guilty of
mlsdemeauor. ar d, upon conviction
shall be fined one hundred dollars for
each year or part of a year, for each
section, or part of a section (meaning
SIX hundred and forty acres of land or
less, whether surveyed in sections or
not, which shall be used or trespsssed
upon contrary to the provisions of
this act.
Sec. s. The owner of the cattle.
horses or sheep shall be liable to the
state IN the sum of one hundred dol
lars Tor each year, or part of year,
for each six hundred and forty acres
OF land that may be used or treSpassed
| lnDn nnntrorNr 70 tho g
this act, which may be recovered in a
civil action, without affecting the
criminal prosecutions prescribed there
In.
Sec. 8. Where such Unbiased land
is now fenced, or herded upon con-
trary to the provisions of this act, be-
longs to the unappropriated domain,
public school, university or asylum
lands, it shall be bar to the criminal
and civil prosecution hereinbefore
provided for any violation prior to
January /, 1885, if the violator of this
act, or the owner of the cattle, horses
or sheep shall, prior to the first day of
September, A. ID. 1884, 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
tract belongs.
Sec. 10. The fact that there is no
law to make it penal to fence the
lands of another or the lands of the
state, and that large quantities of land
are so fenced, creates an imperative
public necessity that the rule requir-
ing bills to be read on three several
days in each house shall be sus-
pended, and that this act shall take
effect and be in force from and after
its passage, and it is so enacted.
All of which is respectfully submit
ted. w. F. UPTON,
w. j. CRAVENs,
House Committee.
A. L. MATLoCK,
JNO. YOUNG GOOCH,
JNO. II. TRAYLoR,
Senate Committee.
After the report of the committee of
conference by Mr.. Upton, as stated,
was made.
Mr.. Thompson, of Bexar,. moved
that the report of the committee be
adopted.S
The motion led to considerable dis
cussion, which was participated in by
Messr5. Foster, of Grayson, Upton,
Foster, of Limestone, Thompson, of
BeXar, Jones, Scott, Browning, Swan,
WurZbach, Hill, Pendleton. and again
by Mr.. Upton as author of the report.
Motion by Mr.. Mckinney that the
House request free conference COM
mitttee was carried.
Mr.. Foster, of Limestone, for special
Committee reported that the error in
the enrolment of the bill of last seS-
sion relative to qualification required
for superintendent Of the lunatic asy-
lum was simply a clerical mistake
without any improper influence being
used.
The report of the free conference
committee was signed only by Messrs.
Upton and Gavin on the part of the
House.
Mr.. Foster, of Grayson, as chairman
OF the committee, explained his rea-
sons for not signing the report.
Mr.. Foster said he had not made a
special report out of Difference to the
committee. He considered some of
the changes proposed as not german
to the question, and unnecessarily
changing the settled policy of the
state. He did not agree in the idea of
the deposit OF 10 cents per acre, re-
lieving a party from the penalty. He
Lle1o NOOOO oil OllO G1luO LUZ uldhtuR
fence cutting a felony, as. the only
remedy for existing evils; but the
bill was wrong in permitting one man
virtually to make himself the lessee
OF another without proper consent. |
While not disposed to make such acts
felonieS, he desired such penalties I'M
posed as would stop such practices. |
The bill, he argued, would rather aug
ment than prevent fence cutting. The |
remedy for unlawful enclosures was,
he thought, however, EXCESSIVE, and |
the law, he imagined, would be de- |
clared unconstitutional.
Under the committees bill parties |
owning large bodies of land would |
pay the 10 cents per acre to keep up |
large enclosures, so he wanted parties |
aggrieyed to have recourse to the |
courts for 10 cents, and as much more |
as the courts should determine was |
right. Further than this, he said, he |
wanted the report as to the Senate bill |
to be considered on its merits.
Mr.. Upton explained that as he un- |
derstood it, the main features of the |
House bill were contained in this bill, |
cred in the caption. The bill simply |
CAOulPOOo pal LII OCl Gc1ll NdoCo
without affecting other remedies of |
other parties who were aggrieved. 1t |
didn't affect the right of individual
enclosures exceeding 200 acres. Sec
ton 3 was the first bone of contention. |
AS to avoiding the penalty of enclos-
ing school and university lands, there
were three conditions which. he1
named. The legislature, he argued
had no right to say he should not
build fence on his own land because
he could not make satisfactory ar
rPngements with other parties who
might be even minors three years old,
aud under penalties that would bank
rupt any man. He hoped the House
would agree with the committee on
this if no other matter. AS to herd
ing cattle on the school or university
lands, there was, if he mistook not,
already statute requiring parties en-
closing them to pay 1925 per section. |
If so, This bill is not a radical depart
ure from legislation on that subject.
He did not want to concur in part of
the Senate amendment. The time for
legislation, however, was short, and
the bill, as compromise, was as fair