The Waco evening news. [volume] (Waco, Tex.) 1891-1894, 1893-04-26
Our Austin Letter.

sps cisl Correspondence OF The News
AUSTIN, April - The house
had no quorum this morning. lack
ing ! ! Of the required IS.
Ex-Attorney General John d
Templeton, of Fort Worth died at
his home today, after an illness of
two months, starting with a rising
in his head. Hon. +. w. Temple.
tor, father of deceased who is a
member of the present legis Azure,
vas at his sons bedside at the time
of his death, and telegraphs friende
here that the dead official will be
buried in Austin.
The dsy before the sena torial
high court of impeachment has been
consumed IN adopting rules to gov
ern in the pending trial a I'D in attend
ing the argument of Mr.. Lightfoot
in support of the general and special
demurrers entered by the respondent
the rule was expanded 50 as to give
six houIs TO each side in which to
present arguments for and against
the demurrers. Llghtfoot's argu-
ment was exhaustive and able. and
the authorities cited were numer-
Gus. He denied the authority for
the impeacb ment of the land com
missioner alleging that the consti
tutional provision au hor ling the
Impeachment Of that tiicial before
the bar ot the senate did not pre-.
scribe the tienses for which he
m ght be so impeached, and
that the absence of this provision
rel d cred the section not self execu-
ting, and COL st quently requiring
statutory ell actment on the sub iect,
which did not exist The constitu-
ton was defective. The burden of his
argument hung around Article 8 of
the penal code, which provides that
no person shall be punished for any
ait or omission unless the same is
IN; de penal I, fl snse ar penalty
is affixed thereto IS the written Jaw
of the state. He denied the power
of the high court, now sittii 9 to
define an of .nse not already known
to the written a y and then assess a
penalty for it's violation.
A beautiful tribute was paid ex
Chief Justice O. NJ. Roberts by
the speaker, in quoting from one of
his d. cisions invoked in the trial,
declaring him "one of the grandest
men that ever lived or died in this
or al other state and asserted
tina. he would not be measured up
to the full stature of his greatness
until we had followed him to bis
tomb. After that we would rank
him along with Chief Justice Mar
shall, and would erect monument
to the memory of his greatness on
the ampus in front of our beaut;-
fIl capitol.
Smith, Ct Hill, chairman of the
prosecution committee, will open
in the morning for the state, to be
followed briefly by Beale, Pagan
md D4shiell Of the prosecution.
Walton will then probably close the
argument on the demu1rers for the
respondent, aud Tom Henderson
for the state.
Lightfoot bore considerable stress
today on the point that McGaughey
could not now be arraigued for the
shortcomings of his first administra-
ton, after the people have passed
upon him at the polls, and that he
cannot no y be deprived of the Off CO
which they have given him If
the demurrels on this point are
sust aimed, it will materially weaken
the case of the state.
R.v, G. w. Brlggs, the senate
chaplain, was in one Of his happiest
moods this morning ard prayed as
follows:
Our Father: We thank thee for
the men Of the plow, the chise', the