The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1900-01-13
|LOTS HAVE NO POWER
p,esmmeud for Certificates Those Who
have Not Served as Deputies.
|s,s m THE ATTORNEY GENERAL
,.r nv oface Assistant ward.
passing on the Points which
Are mt Issue.


"a. OF pilot commissioners have no
~ recommend for appointment APP
,,s for branch pilot commissions who
not served as deputy pilots or resided
~ state two years. The following
NJ text OF the opinion brought forth
oaAstions submitted by the governor,
!, still being bombarded with petit
and memorials from the different
,,lss 10 the seemingly interminable Gal
ston pilot row
M Joseph d, sayers, Governor OF Texas,
Capitol
A,,orn.y Generals Office, Austin, Texas,
nuary l1.-Dear Sir: This department
II receipt OF your favor of the Sth in
~ together with the communications
srain referred to- which is as follows:
beg 10 herewith enclose you COM
,nication from Messrs. Gresham 4
Imam. with request that you will ad,
u ma fully as TO the law in the prem
!. returning their letter with your
fIrion." Among the enclosures Is let.
from MIR. j. A. Robertson. chairman
The board OF pilot commissioners of tn,
Nd of Galveston, in which he submits to
bn the question, Can person apply
bd be examined for the position of branch
lot without first having served as a
knuiy pilot?" This letter having been
lied forth, as shown among the COM
limitations submitted by you, by an APP
Eieation made TO said board of certain
sr.ous for examination for the position
branch pilots, who had never served
deputy pilots.
In reply, | beg to submit the following:
the Investigation of the question sub
bItted | have most carefully examined
HI the laws upon the subject OF pilots
assed by the Republic and State OF Texas
own to and including the law contained
|n the present Revised Statutes. The
blowing articles of the Revised Statutes
|pyeru the matter under consideration.
article 1890 is as follows:
eThe governor shall appoint, with the
{onsent of the senate, for each port whose
POPULATION and circumstances will war;
ant it. and also for Matagorda and La
|aca bays from Pass Cavallo to India
1ols and Lavaca a board of five personS
II respectable standing, under the de-
koniration OF commissioners of pilots
or such ports and bays, three OF whom
hall be practicable seamen and the other
Two merchants, who shall be commits
Toned by the governor for the term Of
wo years; and the governor shall during
be recess Of the legislature, be author
zed TO suspend, until the next session OF
be same. any OF said commissioners, ana
70 oil, until the same period, any vacan-
les n the board caused by death, resig
patton or otherwise provided. however.
bat no member OF the board of commits
Iioners shall be directly or indirectly pc
..t,.t ill. f,.t1 81 1zk
branch pilot in the business of their
Article S791, Revised Statutes, is as fol-
Bows.
said board OF commissioners shall be
authorized, II they deem 1t advisable.
70 examine and decide on the qualifications
bf any branch or deputy pilot whom they
ind already appointed at the time Of the
organization, and 1t shall be their duty
r. examine each new applicant for the
3ofhee OF branch or deputy pilot, and &c
decide on his qualifications, recommend
Rng TO the governor, where new appoint
Fnents are proper, such as are meritorious
Iand It shall also be their duty to eX.
prime into any case of Illegal or supposed
misconduct or ineficiency in branch OF
Feputy pilots; and they shall be author
Pee. after due hearing OF accusation
testimony and detenge, to suspend such
3phot II sufficient cause appear, and during
fuch suspension he shall not be allowed TO
exercise the functions OF his office; til,
governor shall, however. have power at
II VIII and pleasure to remove any
oIaneh pilot. or to reinstate any ono oil
'ne same who has boon suspended by the
commissioners
Article S792. Revised Statutes,- Is as fol-
me board OF commissioners OF pilots
each port shall require a certain term
~ residence in the State OF Texas not
sss man two years. to authorize any pc;
son 10 exercise the functions OF branch
|phot for their port or said bays. as also
" establish term of probation. not ex-
ssu'ng one year, as a deputy pilot, before
Isns person can exercise the functions OF
branch pilot"
Article 37as Revised c,st,,.s 1, ,s IN,
flows: %
me Governor is authorized and required
appoint at each of the ports sucn mum
uef Of branch pilots as may from time 10
haia We necessary, each of whom Snail
lug MS Office for the term of two years
.ase OF vacancy in said office the
|termn V' Wv Np'tS "
,re can be no question that the legis-
|"us,,ss mas the power to prescribe tbs
M. OF branch pilots, and where
~ las been done. no matter In whom
sns.e' the appointing power, only such
| sn.,'s can be appointed who possess thC
1i ',o prescribed by the legisla-
~ section Ga of Mechems Public ora.
nrh,,n Is said. The right to hold a
10, o.nee under our political system Il
Az natural right. While many rights
lin Vonsecrated as universal and inyin-
No, uhe right of eligibility to office !!
4, ~ secured. 1t exists, where Is exists
Nv ~, only because and by virtue OF some
i, Apressly or implicitly comforting 1t.
~ section 66 of the same work it Il
6oss where, however, the constitution
tss M not prescribe the qualifications. It !,
ID apower and the right OF the legislator,
i ssiafe upon what terms and subject
'onierred."
7ssS Of the opinion that aid article
The o ssrvised Statutes. plainly prescribel
IL, suaAhcations OF branch pilots, an,
IL ~ Que, can hold that office unlss
tns pysssesses those qualifications II /.
ron,ru nat the law provides, The board O
|rso rIrs of pilots Of each port shall
Sts,a certain term of residence in thu
sntho,s. ie1as, not less than two years, L
tons :. any person TO exercise the func
Ssss. branch pilot for their port or sait
hatiop a. also TO establish a term OF pro
NY nllo. ol exceeding one year. as dep
the inn". before any person can exercise
mi. of branch pilot"
tie Jaw is mandatory upon the boars
IA, ouy discretion possessed bv II bep
rssss lney cfR require more than two years
|i..rence. but not less ana a n,okatio, nj
no, ,sn n one year as a deputy pilot. but
4. "o'ei out the residence AMI setvicf