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

his election the remedy would be 4
prosecute him for purjury, havin!
} taken his oath of office, and put hin
in the penitentiary.
Articles OF Impeachment are pre-
sented for ofenses committed by Off
GERS which are calculated to brinI
into disrepute the administration O
the government and the object is +
remove him from office and proven
him thereafter from holding office.
In the Watson case, 10Th Texas tn
lesson taught was that the Legislative
enactment providing for remova
from office of certain officers for "Otfi
cial misconduct" does not broader
or increase the offenses laid down il
the constitution for the removal o
such officers.
If the impeachment article in The
constitution executes itself then Grim
inal law in Texas should be- writer
law and no man should be punished
for offenses which are not writer
down. The design of the Criminal
Code is to include every offense
against the state. 1t is declared that
no person shall be punished for any
act of commission or omission unless
the offense has been defined and the
punishment fixed in the Criminal
Code. The high court of impeach-
ment undertakes to punish citizen
of Texas by appealing to the British
law by calling INTO being the unwrit
ten law, which is prohibited by our
statute
If we didn't understand what the
constitutions means, it is dangerous
to undertake to tread upon unknown
grounds. 1t is better not to attempt
to enforce what you do not understand
when it is doubtful what a penal
statute means, under the law such
statute 10 declared to be imperative.
The speaker made strong appeal,
saying that the constitution and the
written laws were taken there was
great danger Of an outrage and wrong
being done a citizen of Texas. He
declared that the defendant had been
charged with no offense under our
penal laws.
There is no impeachable offense in
England unless it is indictable, and
he cited number of English cases to
prove this. In order for an offense to
be peachabIe, the act must be viii.
full and corrupt in purpose and adj
vantageous to the officer commit
ting it.
In referring to the Russell case, he
said there were members of the senate
of the Twelfth legislature who were
as postiolic and men of as fine ability
as any senate since that time. Ee
paid high tribute to Messrs. Bowers
of Travis. Douglass of Smith, Parson,
Pickett, Broughton and others who
were members of that senate.
Senator Atlee propounded a ques.
ton to this effect: The governor has
the right to appoint officers and re-
move them for causes which he deems
sufficient. The people elect officers
and through their representatives., the
house of representatives., prefer arti-
cles of impeachn- ent, has not this body
the right to determine what are
causes for impeachment?
The speaker said the governor had |
The right of removal because the leg |
stature had given him that power.
The senate would have the power also
t the conditions and laws had ex-
oressly said so.
Major Walton concluded his speech |
1t 5 p. M. having spoken four hours.
Adjourned.
HOUSE.
The house met with Speaker Coch-
an and quorum present-Prayer by !
Chaplain Pennington.
The house took up the pending bus
ness house bill 268, providing for
BOARD of arbitration between employ
'rs and employees.
A call of the house was moved and |
ordered on the bill and amendments,
md it showed no quorum present.
Representative Sheriff. offered a
for the appointment of six
sergeants-at-arms to enforce
The attendance of the members of the
house
Mr.. Ball amended by authorizing
he chair to appoint the committee
clerks to perform the service.
The resolution and amendment " ere
adopted.
The dOOrkeeper announced the
presence of enough members to M axe
4 quorum, ana the question required
lpon the engrOssment of the bill. The
dill was ordered engrossed-ayes 60,
nays %
Mr.. Moore introduced joint resolu-
ion to refer back the plans for the |
Improvement of the capitol grounds.
Mr.. Chambers said there was a |
'pirit OF unrest because members
to hear the speech Of the de.
ense now being delivered in the
house, and he therefore moved thai !
he house adjourn till p m. Carried,
lyes AS, nays 45.
Adjourned till o'clock.
AFTERNOON SESSION.
In the afternoon session of the house
| letter was read from Senator r. @. |
Mills rsgretting he could not accept |
he invitation to address the legisla- |
ure on account of needing recreation
rom work
The house took up the general APP
bill commencing with the
TENS for the lunatic asylum at Aus
in.
The amounts of some of the smaller
tens were decreased and some struck |
nut, and few of the largeritems were
increased.
Pending consideration of the bill |
he house adjourned till o'clock this
morning.