The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1893-04-26


yesterdays session of the legislature:
THE HOUSE.
The house yesterday failed of a
quorum and adjourned till
9o'clock this morning.
SENATE.
The senate met yesterday morning
at 10 o'clock with President pro tenn.
Kearby in the chair.
Prayer by Chaplain Briggs,
The following senators were present:
Agnew, Boren, Bouser, Crawford,
Crowley, Dean, Dickson, Douglas,
Goss, Greer, Hutchinson, Imboden
Jester, Kearby, Lawhon, Presler,
Shelbourne, Sampson, Steele, Tips,
Woods and Yoakum.
Senator Yoakum introduced reso-
tion providing for the appointment Of
stenographer by the president ofthe
senate to take the proceedings in the
impeachment trial, which shall be
published daily in the journal.
Adopted.
Free conference committee report to
retire 1886, 900 past due state Londs
and issue other bonds at lower rate
of interest came up on motion of Sena-
N tor Jester to adopt it. The committee
recommends that the bonds owned by
state university bear 5 per cent and
the others bear only per cent.
Senator Hutchinson opposed the
adoption of the report. He did not
think the people ought to be taxed in
this indirect way. The Legislature
ought to come up like men and make
the appropriation for the university
Senators Tips and Jester favored the
adoption of the report. The report
was adopted.
Senator Agnew offered resolution
instructing the seageant-at-arms to
have 200 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 rites and proceed.
ure in the impeachment trial.
At 1890 O'Clock Hons w. M. Wal:
ton and J. J. Faulk, of counsel for de-
fendant, appeared with an array of
about thirty law books, which were
spread before them on long table.
Senator Sn. it'll moved that the fur
ther consideration of the rules of pro-
cedure be postponed until tomorrow
and that they be printed in The Jour.
nal.
Senator Crawford opposed the mo.
ton. He said the committee for the
most part had followed the rules OF
the senate in impeachment trials.
The rules were adopted and the SER
. Ageant-at-arms instructed to have zoe
sTcopies OF the rules printed.
The chair (Kearby) said he was not
present when the senate was sworn in
the impeachment trial, and that AS
sociate Justice Simpkins of the su.
preme court was present now for the
\ purpose of administering the OATH
which he did.
Senator Yoakum moved that the
senate go into executive session Tues
day at II o'clock m. on the governors
messages Adopted.
A message from the governor ask
ing the consent of the senate to the
appointment of T. G. Thompson o.
Galveston, and w. l.. Prather o.
Waco, as members of the board of re-
gents of the university. Tuesday al
~ o'clock was fixed for executive ses'
sion on the appointments.
On motion of Senator Dean, the gen
ate adjourned and the court of i'm
peachment convened.
Just before II o'clock the Other
counsel for the land commissioner
and a little later the land commits
sioner himself came into the senate
chamber. A little later the house
managers came in and took their
seats on the right of the chair.
After some preliminaries Hon. II
w. IIightfoot addressed the court or
the demurrers on behalf of the re-
spondent.
Judge Lightfoot commenced his ar
gument by referring to the fact in
Roman history where two per-
sons were tried; one was guilty of an
offense we'll known and we'll defined
by the Roman law, and the other, &C.
cording to the judge was guilty OF no
offense and yet the weak and vacilat.
ing and infamous judge allowed the
n robber to go free and condemned the
IN innocent one to an ignominious death
Following such precedent we have
ING before us now with laws that are
y "a ,lumpous, and law books, and the
|}pIconstitution and the bill of rights, SO
4 that there would seem to be no occa'
sion to refer to such simple occur
renee here in our time. We maintain
A that when you leave the written law
of the land you wander into the er,
rors of the judicature of the dark ages
We read under the guaranty
of the constitution, which we
feel was framed for US
and our children and children's chill.
dren forever. that we are hedged
T. about with such safeguards that our
rights are safe. Under this we have
the guarantee of the protection of life,
liberty and property, of which we
cannot be deprived without due pro
cess Of law What law? Why the
laws of the great state of Texas by
which this honorable senate, sitting
az high court OF impeachment, is to
decide upon the articles presented by
that grand inquest the house of repre-.
z sentatives against the state land COM
missioner. If you find from the
laws of the state that he is guilty as