RESOLUTIONS.

FRONTIER CLAIMS AGAINST UNITED STATES GOVERN

S. C. R. No. 20.]

MENT.

CONCURRENT RESOLUTION.

Whereas, there exists an unsettled claim of long standing in favor of the State of Texas against the government of the United States, and whereas, said claim was acknowledged more than once to be just and reasonable according to the following statements of facts, viz.:

In 1854, General Percifer F. Smith, commanding the United States frontier troops in Texas, by the authority of Mr. Jefferson Davis, the Secretary of War, made a requisition on the Governor of Texas for six companies of mounted volunteers, to be mustered into the service of the United States, to assist in repelling Indian incursions. These troops, by the direction of General Smith, were to assemble at the city of Austin on Nov. the 1st, 1854. Proclamation was issued by the Governor calling for six companies of mounted volunteers, which were duly organized and assembled at Austin, on Nov. the 1st. By some misunderstanding the troops were never mustered into the service of the United States until various dates in December following. When the troops were discharged the United States government paid them only from the time they were actually mustered into the service of the United States, instead of from Nov. the 1st, the time fixed for their assembly at Austin by General Smith. In 1856, the State Legislature made an appropriation of $61,000 to pay these companies from Nov. 1st up to the time of mustering into service by the U. S. officers, expecting, as stated by the Governor, that the U. S. would refund the amount paid by the State. Subsequent to 1855, troops were called out by the Governor at various times to repel Indian aggressions, for the expense of which the State expected reimbursement by the U. S. authorities, and in due time filed a claim against the government for the amount expended by the State in protecting the border from Indian depredations. The following shows what action has been taken on the claim by the State by Congress and by the Secretary of War, giving the present status of the claim as reported by the Secretary of War to Congress:

1857-Resolution by the Texas Legislature requesting our representatives in Congress to urge the necessity for refunding to Texas the amounts spent in protecting the frontier since the 28th of Feb., 1855.

1858 Governor Runnells files with the Secretary of War a statement of the amounts appropriated by the State, $184,544.51. A favorable report was made by the House Committee on Military Affairs Jan. 28,

1859.

[1859. Congress made an appropriation to refund to Texas the money advanced for payment of six companies of mounted volunteers called into

service by General Smith by the authority of the Secretary of War, for. the payment of which Texas had appropriated $61,000.]

1860-Congress extended the provisions of the Act of 1859 so as to include all the money advanced by the State of Texas in payment of volunteers called out in defense of the frontier of that State since the 28th of Feb., 1855, and appropriated $123,544.51. The act provides that all monies advanced by the State of Texas in payment of volunteers called out in defense of the frontier of that State since the 28th of Feb., 1855, shall be reimbursed; provided, the Secretary of War shall be satisfied that there was a necessity for calling out these troops, or that they were called out by competent authority, and that the amount so claimed was actually paid by the said State, and that the amount provided for shall not exceed the sum of $123,544.51. This amount was specified because the appropriation of 1859 covered the sum of $61,000, and these amounts taken together make the total of the statement filed with the Secretary of War by Governor Runnells as having been appropriated by Texas (184,544.51).

September, 1860-The Secretary of War called upon the State for a full statement of the account with the original vouchers, and in Nov. decided regarding the proviso of the Act of 1860, that he was "satisfied that there was a necessity for calling out the Texas volunteers mentioned therein, and that they were called out by competent authority," and the auditor was directed to audit the claim of Texas as soon as the proper vouchers were received.

Feb'y, 1861-The State Comptroller filed with the Secretary of War the vouchers called for. To meet objections the vouchers were withdrawn for perfection, but before an adjustment of the claim could be made the war intervened and suspended all transactions in that direction.

1871-The Legislature passed an act authorizing the Governor, by himself or his agent, to receive from the U. S. government all the amounts due the State of Texas. Governor Davis, through his agent, Mr. J. P. Newcomb, refiled with the Secretary of War the claim of the State with corrected vouchers, and requested of the Secretary of War payment of the amount appropriated by Congress in 1859 and 1860. The Secretary of War replied, "No claim can now be considered under Section 6, of the Act of June 21, 1860, as the amount thereby appropriated, viz.: $123,544.51, was carried to the surplus fund under Section 10, of the Act of August 31st, 1852." That the claim could not be favorably entertained until Congress acts further in regard to them. The vouchers filed by Mr. Newcomb amounted to $223,144.87, expended by Texas to Sep. 1st, 1859.

1872-The House of Representatives of Congress requested the Secretary of War to inform the House why the money appropriated by the Acts of Congress Mar., 1859, and June, 1860, had not been paid to the State of Texas as provided in said acts. The Secretary of War replies by enclosing a copy of his letter to Mr. Newcomb, mentioned in preceding paragraph, stating that the appropriation had been carried to the surplus fund.

April, 1872-In response to a request the Secretary of War transmits to the House of Representatives of Congress a full statement of the action taken by that department on the Texas claims. After applying the most rigid rules in the examinations of the vouchers the amount reported "as should be allowed" was $65,942.00. The balance of the amount claimed

by the State was in part suspended for further information, in part refuted.

1875-Governor Coke called the attention of the Texas delegation in Congress to the amounts spent by the State for frontier protection both before and subsequent to the war.

1880-The Secretary of War, in response to a request by the House of Representatives of Congress for information in relation to the claims of the several States against the government includes in his report the claim of Texas for expenditures prior to the war, and attaches the report on the Texas claims made by the Secretary of War in 1872, before mentioned.

So far as appears no effort has been made to collect the amount admitted to be due the State.

1898-The auditor of the War Department states that there is no authority to settle the claim by reason of the falling back of the appropriation into the surplus fund.

Therefore be it resolved by the Senate, the House of Representatives concurring, that the Governor of the State be and he is hereby requested to investigate the above facts, and if he finds them true as stated, then to take such steps as may be necessary to collect the claim, and have the amount so collected placed in the treasury of the State. No commission nor sum of money shall be ever allowed as attorney's fees for collecting said above mentioned claim, but all efforts to collect the same shall be made through the duly constituted authorities and the Texas delegation. in Congress.

Approved May 25, 1899.

JUDGE SAM R. SCOTT GRANTED LEAVE OF ABSENCE.

H. C. R. No. 56.] HOUSE CONCURRENT RESOLUTION.

Granting Hon. Sam R. Scott, judge of the Fifty-fourth Judicial District of Texas, thirty days' leave of absence from the State.

Whereas, the Hon. Sam R. Scott, judge of the Fifty-fourth Judicial District of Texas, has important business outside of the State demanding his personal attention.

Therefore, be it resolved by the House of Representatives of the Twenty-sixth Legislature, the Senate concurring, that the said Sam R. Scott, judge as aforesaid, be and is hereby permitted to go beyond the limits of the State of Texas for a period of thirty days, at any time from July 15, to September 15, 1899.

Approved May 29, 1899.

OLD COURT HOUSE SQUARE-LEASE.

HOUSE CONCURRENT RESOLUTION No. 35.

Whereas, the Superintendent of Public Buildings and Grounds has executed leases to the Austin Dam & Suburban Railway Company and the Bachman Foundry and Machine Co., of all that portion of the State's property, located in Austin, Texas, known as the "Old Court House

Square," for a period of five years, ending June 1, 1902, at a yearly rental of $300; and,

Whereas, the said lessees desire to make extensive improvements on said property and will do so in case they can secure an extension of the lease period as herein provided; and,

Whereas, it is to the interest of the State to extend said lease period in order to obtain a definite and lasting use of this property for a long term at an advance of $100.00 per annum over the rental now paid and at the same time obtain the improvement of the property, which is at present in a most deplorable delapidated condition, and which is so situated as to be useful to those only who will utilize it for foundry and machine shops and other work of this kind.

Now, therefore, be it resolved by the House of Representatives of the State of Texas, the Senate concurring, that the Superintendent of Public Buildings and Grounds be and he is hereby empowered and directed to cancel and amend the lease contracts now in force between the State of Texas, and the above named lessees upon their surrender by said lessees for this purpose, and in their stead to execute and deliver to said Austin Dam & Suburban Railway Company and Bachman Foundry and Machine Company lease contracts for the property herein named upon the terms herein stated for a period of ten years from date.

Approved June 5, 1899.

UNIVERSITY FOR COLORED RACE-GOOD FAITH OF
DEMOCRATIC PARTY OF TEXAS.

HOUSE CONCURRENT RESOLUTION NO. 26.

Whereas, the people of Texas are pledged by constitutional provision to establish a university for the colored race whenever it is practicable; and,

Whereas, the democratic party has acknowledged the necessity for said university through its platform adopted at Fort Worth, 1896; and,

Whereas, the democratic party in the Twenty-fifth Legislature carried out in good faith the demands of said Fort Worth platform by appropriating and setting apart one hundred thousand acres of the public domain for the establishment of said university for the colored race; and,

Whereas, the Supreme Court of Texas has nullified the action of the Legislature setting apart said lands by its decision in declaring that Texas has no public domain unappropriated; and,

Whereas, the democratic party made this demand in good faith in appropriating and setting apart said land, and the Twenty-fifth Legislature acted in good faith by setting apart and appropriating said land; and,

Whereas, the Legislature is prohibited by the Constitution (Article 7, Section 14), from levying any tax or making any appropriation of the general revenues to establish said university; therefore, be it resolved by the House of Representatives, the Senate concurring, that it is the duty of the State, as well as the expressed will of the democratic party, to faith

fully carry out this obligation, which was voluntarily taken by our party, in convention assembled.

Resolved further, that so soon as the commission appointed to investigate and ascertain the exact status of the public domain and of the public free school lands of Texas shall make report to the Governor the amount of said land still belonging to the State, that steps shall be taken to establish said university for the colored race, either by appropriating public domain, if there is any public domain, or by appropriating lands regained to the State from railway corporations that have refused to comply with their charter grants or to obey the laws of Texas.

Approved June 5, 1899.

CONVENTION FOR PROPOSING AMENDMENTS TO CONSTITUTION OF UNITED STATES.

S. C. R. No. 4.]

CONCURRENT RESOLUTION.

Whereas, the Constitution of the United States of America provided that Congress, on the application of the Legislatures of two-thirds of the several States, shall call a convention for proposing amendments to said Constitution;

Therefore, we, the Senate of the State of Texas, the House of Representatives of the State of Texas concurring, do hereby petition and request the Congress of the United States of America to call a convention for proposing amendments to said Constitution as soon as the Legislatures of two-thirds of the several States of the United States of America shall concur in this resolution by applying to Congress to call said convention. Be it further resolved, that the Secretary of State be and is hereby directed to send a copy of this resolution to the Congressmen from Texas, and to the Governor of each State at once, and to the Legislatures of the several States as they convene, with a request of them to concur with us in this resolution.

[NOTE. The enrolled bill shows that the foregoing act passed the Senate, vote not given; and passed the House of Representatives, vote not given.]

Approved June 5, 1899.

IRRIGATING-AMENDING ARTICLE 8 BY ADDING
SECTION 20.

Amending Article 8, of the Constitution of the State of Texas, by adding thereto Section 20, providing for the organization of irrigation districts, and for the levying and collection of a tax for the construction of reservoirs, dams and canals.

Be it resolved by the Legislature of the State of Texas:

That Article 8, of the Constitution of the State of Texas, be amended by adding thereto Section 20, as follows:

Section 20. In addition to the powers of taxation granted in the

22-G. L.