The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1893-05-04
the written instructions to him laid

the written instructions to him laid
down by the legislature.
He said that the theory of the de-
tense, that in order to sustain impeach.
fnent, there must be q violation of q
peual statute, was absurd. Suppose
that the land commissioner were to
close the doors of the land office and
decline to transact any business, there
would be no violation of penal stat
ute, Yet no man would be foolish
enough to claim that he could not be
reached by impeachment.
lie said when there was a condone.
ment the persons condoning must
know of the offense and that the bur.
den of proof is upon the defense t.
show that the people of the state knew
of these acts before they reelected the
land commissioner, and cited authori-
ties TO substitute this position.
The statute providing that no dis
trict and county officers shall be
moved from office nor prosecuted fol
offepses committed before their terms
of office begun. The speaker explained
as an "isolated and detached section, u
so far as impeachment proceedings
are concerned and could not apply tc
the constitutional impeachment be-
cause the constitution prohibits it.
At $40 o'clock Mr.. Henderson CON
cluded his speech having made q
powerful legal argument of more than
two houIs.
Senator Greer propounded the fol
lowing questions to defendants coun.
sell:
l. Is not the tenant when he VIC
lates his contract or refuses to carry il
out subject TO custer by the landlord
2. Is not the occupant of an office 8
tenant of the people? g. If an officer
violates his oath of office or contract
and runs the office contrary to the OBJ
iects for which it was created have
not the people (his landlord) the right
to Gust him? H. If go, what remedy
have they?
Adjourned.
THE HOUSE.
There was a brief session of the
house yesterday morning.
The free conference committee re.
port on the bill known as the liquor
license bill, was adopted. The senate
practically receded from it's amend
ments leaving the bill but little
changed as it passed the house--those
belonging to the university at 5 and
the others at 4 per cent.
The house concurred in amendments
to the bill providing for redemption
of lands sold for taxes and the bill for
reissuing $486,500 state bonds at a
lower rate of interest.
The house adjourned till O'Clock so
members could attend the funeral OF
ex-Attorney General Templeton.
AFTERNOON SESSION.
In the afternoon session the house
took up the general appropriation
bill, the pending matter being the
items for the railway commission.
The item of $500 each year for
sherlffs' fees and witness fees, etc
was reduced to $4,000. The item for
transportation and expenses of the
commission, secretary and clerks was
reduced to $4,000.
Amendment by Mr.. Hawkins to re
duce the allowance of $4,000 for pay
of experts and other necessary ex-
penses was strongly opposed by Mr.
Slayden, who incidentally made a
forcible speech in favor of the commits
sion. He argued that the commission
had done some good, especially in the
wool and lumberinterests, and though
originally opposed to the commission
now that it had been established, he
contenoed that it should not be Grip
pied for want of experts.
The amendment was withdrawn.
Mr.. McGehee offered an amendment
providing that no part of the appro
priations shall be used until the COM
mission law again becomes operative
or new law is passed by the legisla
ture. Tabled by vote of 60 to 26, and
the commission items as amended
were all adopted.
A motion to reconsider the same was
tabled.
The items for judiciary department
came next in order. Amendments
were adopted to meet the changed ex.
penses for the newly created judgship,
and pending consideration of other
minor amendments the house adj
iourned till 8 o'clock this morning.