San Antonio daily light. [volume] (San Antonio, Tex.) 1886-1907, 1891-01-30
STATE LEGISLATURE.

The senate resumed consideration
of the road commissioners bill, and
after amending it to read that coun-
ties may" appoint a road commits
sioner instead of "shall" appoint, the
bill was taken up by sections. The
first three sections OF the bill were
passed and so amended that the COM
missioner need not be civil engineer,
and also that his salary be ST 200 in
stead of 81 500. At this stage of pro-
ceedings motion was made and car
| ried to go into executive session,
which was done.
Senate resumed consideration of
road bill passed sections Ais and adj.
| journed. During the session the
joint resolution to appoint committee
to visit asylums, ormal schools,
penitentiaries etc. was taken up and
laid ON the table, Is to ID.
Governor asks advice of senate as
to appointment of r. w. Hudson as
Goth district. The text of Senator
Popes libel law is as follows:
Section l.. Before any suit shall be
brought for the publication of u libel
lii any newspaper in this state the
aggrieved party shall, at least three
days before the filing or serving of
the complaint in such suit, serve
notice on the publisher or publishers
of said newspapers at their principal
place of publication, specifying the
statement In said article which he or
they allege to be false and defamatory.
If it should appear on the trial of
said action that the said article was
published in good faith, thatits falsity
was due to mistake or misapprehen-
sion of the facts, and that full and
fair retraction Of any statement there
in alleged to be erroneous was pub.
lished in the next regular issue of
such newspaper, or within three days
such mistake or misapprehension was
brought to the knowledge of
such publisher or publishers, in as
conspicuous place and type
in such newspaper as was the article
complained of as libelus, then the
plaintiff in such case, shall recover
only actual damages; provided, how
ever, that the provisions of this act
shall nor apply 10 the case Of any
libel against any candidate for
public office in this state, unless the
retraction of the charge is made
editorially, in CONSPICUOUS manner
at least three days before the elsc-
ton.
Sec. 2. The words "actual DANA
ges" in the foregoing section shall be
| construed to include only such dam
ages as the plaintiff may show he has
suffered in respect to his property,
business, trade, profession or occupa-
ton, and no other damages whatever.
1 f< hor n Wiz Ia
such damages with any other person
| or persons, or assignment thereof in
| whole or in part, and no agreement
| to assign the same or any interest
therein shall be lawful; neither shall
there be any lien thereon In favor OF
! any person or persons.
Sec. 3. In all actions for libel the
| truth of the matter complained of
shall be complete defense of the
| action; provided, however, that moth
| ing of an obscene character shall be
permitted to be defended by showing
| its truth.
| Sec. 4. The second publication OF a
libel shall be prima facie evidence of
malice, even though retraction may
have been made, unless 1t Is clearly
shown that the subsequent publica-
| ton was O mistake done without the
knowledge of the author or pub
| Usher.
In the house-bill No. 80, making it
a penal offence to destroy electric
wires and telephone poles, was killed
by cutting out the enacting clause.
Terrell's joint resolution with
reference to San Antonio Interna-
tional Fair was passed.
Ragan's bill amending law regula-
ting corporations passed. 1t provides
that when any town or city shall re-
incorporate upon q majority vote of
| all tax.paying property holders, all
property, real or personal, of the old
| or de facto corporation shall be vested
in the new one; and provided
| futher that the new corpora
ton shall assume all the legal
indebtedness, contracts and obliga-
tions of the old corporation; and pro-
vided that If any new territory is
taken into the new corporation the
property in such new territory shall
not be taxed or liable for the debts of
the old corporation, but such tax
shall be levied and collected within
the limits of the OLD corporation TO.
payment of such debts, unless q
majority of the taxpayers in such new
territory shall agree otherwise.
A heavy batch of new bills was
introduced and referred.
.