Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1893-04-25
Hon IT, w. Llghtfoot Holds That the
Senate Has No Right to Try the case
Under the Constitution or tho
LaW-Tho Points Made.
Tho Proceedings

ford, Crowley, Dean, Dickson, Douglas.
GoSs, Greer Hutchinson, lmbodcn. Jes.
ter Gcarby, Lawhon Prcsser. Shell
burne SAMPSON, Steele, Tips, Woods
and Yoalsum
senator Hoalum introduced rcsoln.
tion providing for the appointment Of a
stenographcr by the president Of the
senate TO take the proceedings in the
Impeachment trial, which shall be pub.
hshed daily in the Journal. adopted.
Free conference committee REPORT 10
retire SiSB,OOO past due state bonds and
issue other bonds at a lower rate Of in.
terest came mp on a motion Of Senator
Jester 70 adopt t. The committee recon.
mends that the bonds owned 10y the
state university bear per cent and The
others bear only per cent
Seator Hutchinson opposed the adop-
tiou Of the report. He did not think
the people ought TO be taxed in this IN.
direct way. The legislature ought to
come mp like men and make the appropi-
alton for the university.
Senator'S Tips and Jester favored the
adoption Of the report The report was
adopted.
Senator Agnew offered a resolution in.
structing the serEcantat-arns 10 have
POO copies of the answer Of Hon. w. L.
McGaughey printed for the use Of the
senate.
Senator Crawford offered the report Of
the committee on rules and procedure
In the impeachment trial.
AZ 1890 o'clock Hon. William Walton
and j. j. Faulk Of counsel for the de-
fcndant appeared with an array Of about
thirty law books which were spread be
forc them on a long liable.
Senator Smith moved that the further
consideration Of the rules Of procedure
Dee postponed until tomorrow and that
they be- printed in the Journal.
senator Cranford opposed the motion,
be said the committee, for the most
part, had followed the rules of the sen
ate In impeachment trials
The rules were adopted and the ser
geant-0tarms instructed 10 have 200
copies Of the rules printed.
The chair Qlearby) said he was not
present when the senate was sworn in
the trial, and that Associate Justice
Simpkns Of the supreme court was pres
ent now for the purpose Of administering
the oath, which he did.
Senator Yoakum moved that the SEN
ate go into executive session Tuesday az
II o'clock on the governors message.
Adopted
A message from the governor was read
asking the consent Of the senate 10 the
appointments Of n. @. Thompson Of Gal
weston aud h. L. Prather Of Waco as
members of the board Of regents Of the
university.
Tuesday at ~ o'clock was fixed for
executive session on the appointments.
On motion of Senator Dean the SEN
ate adjourned and the court OF impeaeh-
ment convened
Just before III O'Clock the other coun-
sci for the land commissioner and
little later the land commissioner him
self came IN the senate chamber. A
little later the house managers came In
and took their seats on the right OF the
chair
After some prclminares Hon. II. w.
IightfOot addressed the court on the
demurrers, ON behalf Of the respond
ent.
Judge Iightfoot commenced his argu-
ment by referring 10 the fact In Roman
history that where two persons were
tried, one was guilty of an Oifense well
known and well defined by the Roman
law aud the other according 10 the de-
cisiOn Of the judge, was guilty of no
oiiense and yet the weak and yaccillat-
ing aud Infamous judge allowed the rob
Der 90 20 free and condemned the In
nOcent one 10 an ignominiOus death. Fol
loving such precedent we have Il be-
fore as now with laws that are yOlumn-
Gus and law books and the constitution
and the bin Of rights so that there would
seem 10 be no occasion 10 refer 10 such
a simple occurrence here Ia our time
We maintain that when you leave the
written law Of the land you wander
into the errors of the judicature of the
dark ages. We read under the guaranty
of the constitution which we feel was
formed for ms and our children and chill
dren's children forever that we are
hedged about with such safeguards that
our rights are safe. Uuder this we have
the guarantee Of the protection Of life,
liberty and property, Of which we cau-
not be deprived without due process Of
law. What law Why the laws ofthis
great state Of Texas by which this hon-
orahle senate, sitting as a high court Of
impeachment, Is 10 decide upon the
articles presented by that grand Inquest
the house Of representatives against the
stale lauh commissioners IL you find
from the laws Of the state that he Is
guilty as charged, and That you have a
law fixing a penalty against him, then
you will have but to enforce e. But n
on the Oihor hand you find that there Is
no prescribed law which he has violated
or Won ind as court there Is no law
prescribing penalty under which, I'M
der the definition OF the crime you can
find him guilty sou must say that he
90 hence acquitted
He claiIned that there was no crime