The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1893-05-04

Senator Agnew moved that the SEN
ate proceed to the election of an assist
ant journal clerk and he nominated
committee Clerk Hodges, who had
been serving for several days in that
capacity. Mr.. Hodges received 81
votes, all present, and was declared
duly elected.
Senator Jester moved that the GEN.
ate resolve itself into a court of i'm
parchment
Senator Crawford moved that the
senate chamber be used exclusively
for the court and its officers for the
purpose OF considering the demurrers
in tue McGaughey trial. Carried.
The decisions of the court of i'm
peachment on the issues raised by the
defendants demurrers to the articles
OF impeachment summed up are as
follows:
Flrst-That the impeachment arti-
Gle in the constitution is self execut-
ing and sufficient upon which inn
parchment may be PROSECUTED.
Second-Thar the articles of i'm
parchment do set up Improbable
matter.
Third-That the acts and facts ante
dating the commencement of the de-
PENDANTS present term of office affords
no matter for Impeachment and re-
moval from office.
Fourth-That it is privilege of the
land commissioner to call on the at
torney general for his opinion, and
not duty, and therefore not impeach-
able.
BY strange inconsistency there is
an exception to the third holding of
the court, in that the special demur-
rer to articles l and 2, which aliege
acts and facts prior to the commence
ment of the present term of defend
ants office, was not sustained. There
was at first a tie vote on this demur-
rer and an hour later, the court APP
parently having forgotten what dis
position had been made of other de-
murrers to the same kind of allega-
tions, Overruled the demurrer.
This is complete and correct syn
Opsis OF the findings of the court.
AFTERNOON SESSION.
The senate met at $50 p. M.
Consideration of house bill to
authorize the county commissioners
court to issue court house, jail and
bridge bonds, was resumed but was
finally disposed of after wrangle OF
an hour.
Cn motion of Senator Lawhon the
court of impeachment was held with
open doors.
The court spent all the afternoon in
balloting on the demurrers and over
ruled all of them except in the follow
ing, which were sustained: Special
demarrers to articles 4, 5, 6, 8, II, Is,
10, 20, 90 and "a.
The following vote to sustain the
demurrer to articles 5 and is a fair
index to the ballots which sustained
those demurrers.
Yeas-Senators Agnew, Baldwin,
Crowley, Dean, Douglas, Goss,
Hutchinson, Jester, Kearby, Shelburne,
Simpson, Smith, Swayue, Woods-14.
Nays-Senators Atlee, Boren, Bow
ser, Crawford, Dickson, Greer, I'M
boden, Lawhon, Lewis, Mckinney,
Presler, Steele, Tips-13.
The following is fair index to the
ballots by which the other demurrers
were overruled, the questions being
sustained.
Yeas-Senators Agnew, Baldwin,
Co.'s, Hutchinson, Jester, Kearby,
Shelburne, Simpson, Smith, Swayne,
Woods.-Total IL.
Nays - Senators Atlee, Boren,
Bowser, Crawford, Dean, Dickson,
Douglass, Greer, Imboden, Lawhon,
Lewis, Mckinney, Presler, Steele,
Tips.-Total Is.
At $50 O'Clock last ballot to the de.
murrer to article 725 was taken, and
Senator Dean called up his resolu-
ton to change the rule of the
court SC as to require Wo-third
present to override the general de-
murrers.
Senator Presler said that some OF
the senators had conferred together
and as in the morning eleven senators
had voted to sustain the general de-
murrers, they would no doubt vote for
acquittal on final trial land it would be
useless to go into a costly and tedious
trial.
Senator Yoakum opposed the resolu-
tion, as it would allow the minority to
dictate and sustain the demurrers.
Senator Baldwin said he was one of
the eleven who voted to sustain the
general demurrers, but he was OPP.
posed to the resolution. In every
court the majority on the bench al
ways rule.
Senator Swayne favored the resolu-
ton and Senator Crawford opposed it,.
The resolution was labled by the
following vote:
Yeas-Agnew, Baldwin, Boren,
Bowser, Dickson, Douglass, Goss,
Imboden, Jester, McKin-
ney, Shelburne, Smith, Tips and
Yoakum-15.
Nays-Atlee, Crawford, Crowley,
Dean, Kearby, Lawhon, Lewis, Pres
Ter, Simpson Steele, Swayne, Woods
r.
Adjourned.
THE HOUSE.
The house met with Speaker Coch-
ran and quorum present
Prayer by Chaplain Pennington.
The general appropriation bill was
resumed as the BUSINESS pending from
Thursday, the immediate question
being the items for the North Texas