The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1895-10-03

THE SENATE.
In compliance with the proclamation
of the governor calling special session
of the legislature, the senate met yes
terday at high noon with President Jes-
ter in the chair and the following sena-
tors in their seats: Senators Agnew,
Bailey, Beall, Bowser, Colquitt, Dean,
Dibrell, Dickson, Gage, Goss, Greer,
Harrison, Lasker, McComb, Shelburne,
Sheriff., Simpson, Smith, Stafford,
Steele, Tips, Whitaker, Woods. The
absentees were Senators Atlee, Boren,
Darwin, Hawthorn, Mckinney, Presler,
Rogers.
Dr. Smoot, the chaplain, then opened
the morning services with prayer, as fol-
lows:
Almighty God, ruler of heaven and
earth, Thou art the life and light of
all this wondrous world we see. Thy
providence is over all Thy creatures;
we come to thank Thee this beautiful
morning for life and all the temporal
blessings. Thy bountiful hand has shed
down upon us. May Thy blessing con-
tinue upon this commonwealth, whose
cattle feed and whose cotton clothes such
vast multitude of the children of men.
We thank Thee for the bountiful harvest
which has crowned the labors of those
who till the soil. We ask Thy blessing
upon all in authority, and especially upon
this altAust body, the senate of Texas.
Give these men wisdom and prudence
and sound judgment and clear discrimi-
nation, so that though their action there
may be wise and wholesome laws enact
ed that the people lead peaceable and
quiet lives in all godiness. Amen.
President Jester then made brief
speech, reviewing the governors call and
approving its contents.
Senator Sheriff. offered resolution
that committee be appointed to notify
the governor and the house of repre-
sentatives that the senate was ready for
business.
The following committees were then
appointed by President Jester:
TO notify the governor-Sherrill, Dbl
rell and Greer.
To notify the .house-Lewis, Colquitt
and Lasker.
The designations of Postmaster Ken
nedy and Assistant Journal Clerk
Thweatt were received and accepted.
a message was received from the
house stating that they had Il quorum
and were ready for work.
President Jester stated that unless
some necessity arose he would not fill
the vacancies caused by the resignation
of the postmaster and assistant journal
clerk, but would get some of the other
officers to perform those duties in view
of the fact that all possible economy
should be exercised by this legislature.
A message was then received from the
governor, reading as follows:
To the Senate and House of Representa-
tives:
The extraordinary occasion which
made it necessary to call you from your
homes and business at this time, with
the consequent cost to the public and in
convenience to yourselves, is much re-
GREETED, and the step was not taken eX-
cept upon earnest demand from many
sections of the State and after mature
elaboration. The people of Texas have
ever been ready to protect the honor of
the State at whatever cost and those
charged with the duties of government
should not hesitate to reflect their will,
regardless of personal discomfort.
By an amendment of the laws relating
to occupation taxes, approved April g,
1889, provision was made for taxing
every fight between man and man
five hundred dollars for each
performance" What consideration was
given this subject by the legislature
which enacted the statute is not known,
but it is not unreasonable to presume
that it received little attention, for be-
sides the usual brutality of such exhibit
lions it should offend the sensibilities of
an enlightened people that revenue should
be the fruit of such social disorders and
that sovereignty should become a party
to the frequent homicdes attending them
by express authorization and immunity
from punishment. However this may
be, this lamentable error was promptly
corrected by the act of March %, 1891,
which denounced and prohibited such en-
counters. AT the same session of the
legislature, and on authority contained
in section 43, article 3 of the constitu-
ton, provision was also made for the
appointment by the governor of three
commissioners to revise and digest the
laws, civil and criminal. The act pro-
vided that the commissioners should
adopt such of the Revised Statutes,
Civil and Criminal, as had not been re-
pealed or amended, together with their
present arrangement of titles chapters,
articles, marginal references and chap
ter head lines; that all statutes passed
since the adoption of the Revised Stat
utes in 1879, including those that may
have been passed at the time the COM
missioners should sumbit their report,
should be collated and arranged into
their respective titles. chapters and ar
ticles. and that the commissioners
should embody the result of their labors
in two bills, one containing the entire
body of civil statutes and the other the
entire body of statutes relating to
criminal law, to be submitted to the gov
ernor, who should cause them to be print
ed and presented to the succeeding leg
islature A careful reading of the act
makes it plain that the commissioners
were not authorized to do more than col
lect and arrange existing statutes, taking
the Revised Statutes of 1879, unrepealed
and not amended, as the basis. The
two bills were accordingly prepared,
printed and submitted to the Twenty
third legislature. Following The posi-
tive direction of the law under which
they were acting. without making radical
changes in them to so revise the stat
utes as to render them concise. plain and
ineligible. the commissioners incorpo-
rated in the Civil Statutes the act of
1889 and in the Criminal Statutes the
act of 1891, referred to, the one as part
of article 6049 and the other rs article
1905. The Twenty-third legislature did
not adopt the work of the commission
ers, but. with some changes. though
there were none material made in the
statute under consideration, the two acts
were adopted by the Tyenty-fourth leg