Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1891-08-02


If this cannot be legally done as the law
is now written it should be speedily
amended so that it can be executed Ill har-
mony with its obvious purpose and intent.
EXPRESS COMPANIES.
Express companies are declared 10 De
common carriers and placed under the jur-
isdiction of the railroad commission. Chap
ter 45, page As.
REVISION OF THE LAWS.
Section 10. article 3 of the constitution
authorizes decenriai revision of the laws,
and this revision is provided for by chapter
40 of the acts OF the Twenty-second leglsla-
ture
The scope of the authority given the COM
missioners appears to be limited and the
time for which they may receive pay for
their labor cannot exceed one year. IL
seems. however. they may take the entire
time until the meeting of the Twenty-third
legislature to complete the work.
The act requires the commissioners to
adopt such of the revised statutes, civil
and criminal, as have not been repealed or
amended, and tnev are forbidden to change
the words or punctuatiOnS except IN case
of evident clerical or typographical errors,
and all statutes passed since the adoption
of the revised statutes or that may have
been passed at the time the commissioners
shall submit their report, shall be lncorpo-
rated in such statutes.
tits understood that the commissioners
have begun their labors, and being lawyers
of experience and ability they may reaSona-
bly, be expected to perform with accuracy
and efficiency the important duty assigned
them.
PRIZE FIGHTING.
The act entitled An Act to Prohibit Prize
Fighting and PugilisIn. presents serious diff
Guilty of construction, which fact is to be re-
GREETED, as its purpose is so deserving Of
cOmmendation.
1t makes the offense as defined by the act
felony, which by article n, chapter one
~, title II. page of the Penal Code. IS de-
fined to be such offenSe as Is punishable by
death; or by Imprisonment in the peniten-
tiary, either absolutely or as an alternative,
and in the same article and as continue
ton of the preceding sentence 1t is declared
that every other offense is misde-
meanOr'
Having declared the offense felony, the
statute fixes the penalty therefor, al a fine
of not less than $500 and not more than
$1,000, and by punishment in the county jail
not less than sixty days nor more than one
year.
1t will be perceived that TO an ofense de-
clared felony there is affixed 4 INSIDE
meanor penalty. The statute further con-
tainS clause repeating all laws and parts
of laws in conflict Herewith. If the re-
pealing clause be held to repeal the article
OF the code defining 4 felony, then there is
left no definition OF d felony, and if it does
not effect such repeal, to an act declared a
felony there is affixed penalty for mis-
demeanOr.
1t Will be observed tlat Ihe language OF
the act Is not that the onehderS snail DC
punished by Imprisonment in the county
jail. but snail be punished by punishment
in the county iail. How such punishment
is TO be inflicted, whether by the stocks,
the strap or otherwise, is left in doubt.
This confusion doubtless arose from the
fact that the act was oy the senate made
1e!ony ana the punishment hNeq al I'M
prlSonmcnJ IN the penltenuary, Dut the
penalty was changed anu rtauceu III the
house without changing the language de-
cIarlng the act a felony.
THE RAILROAD COMMISSION ACT.
The act to establish 4 railroad commits
sion mis- zen pages OF the FoIuhe OF 'He
laws ana IN view OF the idcI lhdt IL was
framed alter careful examination OF Sllllllif
laws in operation IN other states anu dltef
protracted consideration ana discussion IL
may be presumed TO De Tree from coilSlltu-
tlonal objections. -
Inc power or the state 10 estaDIsh such
commission can not DE uehleu' anu Uhe
question OF the legdIltE OF us acts Will IN al
Likelihood only arse, II it all, IN case the
reasohaolenesS OF some rate Dy II Is called
IN question.
~ i"t La Va -" - 'A'N p AtAAN- - -
sonable, but they must, under the declsloh
OF the supreme court OF the United States
remain subJect TO judicial revision lhfouSh
the medium OF the courts, should their fea-
sohaoleheSS 1e qehleo. 9ucn' au leusI,
seems 70 De lhe laws as ialu GOWN ~ Lhg
-, lr1o, -, '''0
II ie si,,,,a,.cf,r m no desira5 that M nras-
49,, III - b ~ ~, .oas ma Tho
c elU,, for the recagniIed anil
ia ~ cor,u1is-
~ Gnu ~, Sod ~ far
o., botb IL, o;t,as aer,,rance rbat the law
Ill T,.oI,aa benoti+ both IN the roads and
tha nsonIo
~. III md l,ho,ate +rao+,nan+ of +bis
o,,l ilinS,of 1',astio,,s b,, nv, ,,raSareesor
GU - ~, y -, 4;,,.,;l,,,
Of +b oI,il. ~ ,,n, % ,,ijS
PROCEEDINGS IN CRIMINAL CASES IN The
COUNTY cotRTS.
PROVISION Is maue LOT ulSposlOlon OF
criminal cases IN the county court Where 'i
the oHehdef desires 10 plead sulItl WlInouU
the intervention OF Jury oy speclal ses-
sion OF court heIu LOT the purpose Vi recGiN-
ing such plea anu assessing Tue PeAdl'S'
tChapter d. page o.
LIMITATION OF ACTIONS FOR LAND.
Inc amendment TO tue ", cnapler one
~, Kew civil Statutes, concerning Hiillld-
ton III ACTIONS Tor lana, appears TO nave
been intended 10 protect owners Oh small
tracts surrounded by pastures OF Iar@e
lncIoseu tracts. Inc prdctiCal peue ~ VI
the amendment VIII pe ieIl niLtnl!; II no No.
entirely: III those parts OF the state LLdC are
IN PERIOD OF transition from pastoral ~ 10
an agricultural country ShaP. o. paSe 90
ALIEN LAND LAW