The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1885-07-28
A WYER ENLIGH fENED
BY A LAYMAN'S LEGAL LORE.
The Startling Propositions Brought
Forth by the "Buckat Shop Bilr'
Decision "Knooked Out
by Fact and Logic.

DALLAS, July 9.-[Edltor HERALD.
The many readers Of THE HERALI
were, no doubt, profoundly startled
and agiteted this morning by the an
nouncement made in its columns owe
the authoritative signature Of CLAW
YER" that tour State government is
representative republic-the people
elect their executive, legislative anC
judicial officers"
Such facts on being suddenly called
to tho attention Of the people at large
are well calculated to produce, as in
this case they produced, the widest
sensation. Now, "LGwyer" hardly
treats his readers fairly. His article i
headed "a Serious Question" This
taken in connection with its open,
ing statements, already qnoted,
hardly forms caption
which expresses, or even
indicates, the subject matter of his IN,
cubration. And this il very serious
reproacn to "Lswyer," as we shall
show. For, those who recovered from
their natural establishment at his
opening proportions sufficiently to
proceed with his valuable commune
cation, found that no goes on 10 speak
OF tho rot Of our ever illustrlOuS Nine
teenth Legislature, popularity known
% "Tho Bucket shop BILL" and
which was recently held null aud void
by Judge Hurt, OF the Court of An.
peals, on habeas corpus hearing OK
partc D. G. Stuart Ohio worry expert
manager Of S. s. Floyd's bucket shop
la this city, because tho act does not
comply with tho constitutional
provision that every bill shall
contain only ono subject,
which she'll DO expressed in ita title.
Judged by this rul0 "LawyoI's" arti-
clio would also necessarily DO held, by
any and every tribunal, as null end
void and of no effect Whatever.
But waving the caption, lot us give
"Lawyer" habea9 corpus hearing,
and determine whether no shall be al
lowed to 90 rec, at liberty TO confront
at viii an unsuapGcting public, with
Glorious questions" and TO shake 80
cloty TO It's foundations by tho discov-
cry and ouunCiAtiOn of such PROPOSE
tiOns, rs that "the people at Texas
elect their guvernorp or whether no
shall berGlegated without bail to the
silence from which no so suddenly
sprung. That is tho issue
II his legal propositions anu his his
tOrlCal statements arc, in tho first in
stance, unsouud, and in the second I'M
true, then, il Is submitted, he must be-
denied bail. One OF his earliest state
meuts, then, 10 that Governor Ireland
ana the Senate aud House Of Repre-
Of the NinOtoeuth Legis-
lature decided that a certain act, pOpu-
l6rly known as the "BuCket- Shop
Act" Was constitutional.
Now, 10 IL submitted that they de-.
cided no such thing. Aside from tho
doubtful proposition that any Logis.
laturo or Governor decides IL avs
are constitutional az 10 suhs.8 as
form, from what we have EG3l. gblO On
learn from 10 most authentic sources
OF lat remarkable body known
TO history "a tho Ninoteeuth Legisla.
turo, NJ il fair TO assert that 10 rarely
lab0rsd with constitutional doubts.
For 10 "a au ausurdity 10 suppose That
the humuu mind eau DO occupied with
matters OF wbi1h 30 is either profoundly
ignorant or only vaguely and dimly
informed. This dispusus of LuAt bgdV.
Az Tor jhg Governor ougrCa8od ga no
500 with public business, and further
pgrtuvbea by contemplating lbU daily
pr. Ceodlngs of tbe legislative body,
DO no doubt entirely overlooked tle
iHvt that the bin ia question was in
formally and uuClusUUtiOually
drawn. No ono decided thou that tbia
bll ws1 cnuHjiUliDnah
A IHNHF NA1 .UF.H" HHN| e. .H.. fNUH thH fIHHH
Log dgtUTa3 that LGyo net since th0
adoption OF thO constitution hav,
passed. humorous acts ara amend.
meuts uru0. "a lll.o canton on utl.
10 That OF tho "BuCkutShup uill,n and
every ono OF those acts mud amgur.
MDuig 10 tho existing cOdO7 Gia Iul.
leCJ % precisely tho same Constim
tiOnHl objections as the "BuCkot ShuT
ACth laroly overturned by judge
Hurt Nothing could bo moro at va
rlauco with tho truth, az "Lnwyer'sn
cllOnts VIII inevitably duG TO theiI
sorrows If they ppy him to challenge
tho conslt,uiionnlity Of those same
acts. lhe sist OF tho whole
matter ia simply his and
this was the pivotal point
of JulSs Hurts decision; tho subieo
Of tho "Bucket Shop act" rs sot out IN
It's title, was to smond Chapter ., OF
Tide ., 81 the PonGl Code OF tho State
OF Texas, and to add thereto article
35ia.
Tho constitution requires that the
subject Of oil bills shall ba expressed
In the title. BY reteronCo thOu 10 the
Penal Code VIC hnd that Chapter %
Title 2, Ia headed, "Ol run'shmants In
General and that It's last article IL
number e,
Palpgbly then, en- lct 20 supprasr
"GCmbling In iuturcsh could not hC
appended Us an amendment TO tibet
chapter. Such an amendment would
no totally foreign TO the
subject matter OF tlHt title,
and accordingly IL was argued on tho
pnrt OF the State, bUtorO Judge Hunt
that this reference Ia tho tito OF The
bill was q palpablo mistake, which
could deceive or miulGad no ono, and
that the amendment was raally In
tended for Chapter ., OF Title ri, OF the
Penal Code, which, on examination,
We find IL headed, "Of Lotteries and
Ranlss.' But tho learned Judge de
cliuod 10 Indulge that presumption,
because no stated, that In his opinion,
ouch an amendment as tho ono in
question would bB equally gormsno
to Chapter 3, OF Title ri, which
ia headed "Gamlug,n aud tina.
an amendment gormane 20
so many euhiocts was ger.
name to mono, Therefore, "a this set
did not truly express its subject Ia It's
title, no held II unconstitutional, and
every lawyer said anon.
But "Lswyer" patholically adds that
not ono Ofthe acts or amendments Ia
our codes passed by recent Legislatures
identical IN form of caption and title
with Tue "Buckot Shop bill,n has been
questioned up to tho present time ESQ
far as my knowledge goos.n
Oh, Lawyer" " Is we'll for the
cause OF truth that you added that last
clause 10 your sentence.
INSTRUMENTATION time enough from
hia 0rduous labots ut discovering ana
announcing new aud startling govern.
mental propositious, 10 have looked I'm
~ Texas reports az the case OF ,hC
state We. MoCraokon; or had
he turned his profound atton.
ton 60 CO, App. reports, al
case Of Hasselmeyer VS.. tho state, he
would have discovered that tho act,
ana amendments In question were
tEefo turtOuSly assaulted az bOinv OH.