The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1889-01-31

Amending the law regulating the con
demnatlon of property in cities and towns
for opening and widening streets.
By Mr.. Misunderstanding for a tai
of five per cent on gross earning of rail
roads.
By Mr.. McComb, by request-Hous
bill No. 400 regulating the recovery Of
damages for libel in civil cases as follows
Section In actions for libel, if there
is no proof of express malice or the cour
or jury shall find that there is no such
motive, no exemplary or punitory dam.
ages shall be awarded nor shall any gen,
eral damages be awarded that are moi
actual or real.
Section Pin actions for libel there
shall be no presumption of either express
or implied malice from the mere fact oil
the public alton of the libel.
Section 3-SO action for libel shall be
| brought or maintained unless the plaintiff
shall, before bringing suit, request the
defendant to publish retraction
of the libel, and allow to the
defendant reasonable time in
which to publish said retrsction
and make such amends as are reasonable
and possible under the circumstances of
the case; and proof of the publication of
any such retraction or correction shall be
admissible in evidence under the general
issue on the question of the good faith of
the defendant and in mitigation and re-
duction of damages. Proofs of failure or
neglect of plaintiff to comply with the
provisions of this act may be given in
evidence under the general issue in bar of
action.
The speaker signed the deficiency ap-
preparation bill.
House bill 28-Bill preventing minors
from gambling was engrossed.
Reports of committees were sent up
without reading.
House bill 31-Bill preventing stock
from running at large was under consid-
GRAFTON when, on motion, it was post
poned and senate bill Is, making appro-
priations for January and February for
the state reformatory, was taken up and
passed to third reading with slight amend
ments.
Among the speakers in favor of the bill
was Mr.. Asberry, the colored member
from Robertson county.
Mr.. Mills presented protest from citi-
zens Of Waco against the proposed char
ter for that city.
Senate bill 81, relative to establishing a
normal college at Salado, was referred to
the committee on education.
Adjourned until 10 O'Clock to-day.
From unday's Daily.l
The house met at 10 o'clock, Speaker
Alexander and quorum present.
Prayer by the chaplain, Rev. II. W.
Dodge.
The house considered house bill No. 81,
pending from yesterday, being bill to
amend article 1892 of the stock fence law,
which, after some discussion, was post
poned for the special order, being senate
bill No. 10Y, creating the Forty-ffth Judi
cial district in Bexar county.
The bill was discussed by Mr.. Robinson,
of Bexar, and Others.
Mr.. Robinson cited from court statistics
to show the necessity of the new court and
the propriety of leaving the management
of their own business to the county by
granting the relief which the bill would
afford. The report of the attorney-gene-
raj would show that the heavy docket
pending was no fault of the officers of the
court, but was due to the immense increase
of the business in the city and county.
was not only economic but, under the
well recognized rule of construction, that
in the absence of any inhibition the legis
lature has all necessary power, the bill
was constitutional
Messrs. johnson, of Titus, and Steven
son, of Parker, spoke against the bill.
Mr.. Miller, of Bexar, and Williamson,
Of Kimble, spoke earnestly in its favor.
Mr. Steveuson's argument was directed
at the constitutional point involved, which |
ne discussed in very able manner, show |
ng great familiarity with such questions
and frequently eliciting applause from
many of the memb ers of the house.
Mr.. Gresham, of Galveston, and Mr..
Frost, of Corsicana, ably rebutted the con- ,
,titutlonal objection,
Mr.. Handy, of Travis, said: l am nei-
,h,r lawyer nor the son of lawyer, but
will give the reasons for the faith that
8 in me in favor of this bill. l am in
avor of the majority report because
he relief proposed by the bill is needed
~ the litlgants of Bexar county. AS to
he constitution find that lawyers differ
)u snch questions us doctors do in dag
posing their cases." He read from the
Constitution where it says, "rhe Judicial
power shall be vested" &C., "and in such
,ther courts as may be established by law"
This, he argued, brought the measure
within the power of the legislature,
md, as he conceived, within
he line of relief guaranteed by the Con
As for business, the city, he
Irgued, had increased in population and
IN portance as commercial center to
Justify the relief demanded.
Mr.. Frost said the same Constitutional
question had been raised in 1879 when it
vas desired to relieve the work of the
upreme court by creating the commits
ioners of appeals, and the supreme court
that court was constitutional.
Messrs. Hamblen, of Harris; Owsley, of
Denton; and Pope, of Harrison, spoke for,
md Martin, of Camp, against the bill.
Finally the ADVERSE minority report,
vas rejected ayes, 81; nays, "a;
md the bill WAS ordered engrossed. Ad-
burned till 10 O'Clock tomorrow.