MESSAGE FR M 1HE SENATE. Senate Chamber. Austin, Tex., Jan. 11, 1895. Hon. T. S. Smith, Speaker House of Rep resentatives: I am directed by the Senate to inform the House of the passage by the Senate of the following concurrent resolution, towit: Be it resolved by the Senate, the House concurring, That a committee of three members from each house be appointed to make arrangements to count the vote for Governor and Lieutenant Governor and for the inauguration of said officers, and that the President has appointed on said committee on part of the Senate Senators Agnew, Tips and Steele. J. P. POOL, Secretary. The above Senate concurrent resolution was laid before the House, read second time, and adopted; and in accordance therewith the Speaker appointed the following committee on part of the House: Messrs. Sebastian, Beall and Langham By Mr. Mitchell: House bill No. 57, a bill to be entitled "An act for the preservation of the fish, turtle and oysters of the bays and coast waters of the State, and providing for the fines and penalties to enforce the same." Read first time and referred to the Committee on State Affairs. On motion of Mr. Gough, the House adjourned until 9:30 o'clock a. m. tomorrow. FIFTH DAY. Hall House of Representatives, Saturday, Jan. 12, 1895. The House met at 9:30 o'clock a. m., pursuant to adjournment. Speaker Smith in the chair. Roll called and quorum present. ham, Love, Monroe, Rogers. Prayer by the Chaplain. terday, on motion of Mr. Floyd, further Pending reading of the Journal of yesreading was dispensed with. PRIVILEGED REPORT. Mr. Sebastian, Chairman, on part of the House, substituted the following report: Austin, Jan. 11, 1895. Hon. M. M. Crane, President of the Senate, and Hon. T. S. Smith, Speaker of the House of Representatives: Your Joint Committee, appointed to make arrangements to count the vote and arrange to inaugurate the Governor and Lieutenant Governor beg leave to recommend that the House and Senate meet in joint session in the Hall of the House of Representatives on Saturday, the 12th instant at 10:30 o'clock a. m., for By unanimous consent, the following the purpose of counting said vote, and bills were introduced: By Mr. Wayland: House bill No. 54, a bill to be entitled "An act to place the State of Texas on a cash basis.' (Provides that hereafter all warrants issued by the Comptroller shall bear 5 per cent interest from the time the Treasurer's stamp is placed upon them until the Treasurer shall notify the public that there is money on hand to pay them.) Read first time and referred to Committee on Revenue and Taxation. By Mr. Mitchell: House bill No. 55, a bill to be entitled "An act creating the office of Fish and Oyster Commissioner and defining his duties." Read first time and referred to the Committee on State Affairs. By Mr. Townsend of Angelina: House bill No. 56, a bill to be entitled "An act to amend article 4334, title 86, chapter 3 of the Revised Statutes of the State of Texas." (The bill relates to the recording of deeds, covenants, etc.) Read first time and referred to Judiciary Committee No. 1. that the House and Senate meet in the Hall of the House of Representatives on Tuesday, the 15th instant; at 12 o'clock m., when the Joint Committee will escort the Governor and Lieutenant Governor elect to the Speaker's stand, when the oath of office will be administered by the Chief Justice of the Supreme Court. Respectfully submitted. with reference to the salaries of the officers of House, have had the same under consideration, and am instructed to report the following resolution: Resolved, That the following officers receive five dollars per day for services, towit: Chief Clerk, Journal Clerk, Assistant Journal Clerk, Postmaster and Sergeant-at-Arms; and that the following officers receive four dollars per day for their services, towit: Reading Clerk, Assistant Reading Clerk, Assistant Sergeant-at-Arms, Calendar Clerk, Engrossing Clerk, Enrolling Clerk, Doorkeeper, Assistant Doorkeeper, Chaplain; and recommend that the same be adopted. WESTER, Chairman On motion of Mr. Morrison the report was adopted. Mr. Armistead offered the following amendment to the resolution as reported: "Amend by fixing the per diem of each officer named at $5 per day for the first sixty days of this session, and $3.00 per day for the balance of the session." The amendment was lost, and the resolution as reported was adopted. Mr. Gough moved to reconsider the above vote adopting the resolution, and to lay that motion on the table. The motion to table prevailed. PETITIONS AND MEMORIALS. By Mr. Beall: Memorial from citizens of Winkler county, protesting against any amendment of acts of the Twentieth Legislature, page 8, as approved February 26, 1887, affecting said county as an attached county. By Mr. Mitchell: House bill No. 60, a bill to be entitled "An act to protect natural oyster beds and reefs, and to provide for the locating of private beds." Read first time and referred to the Committee on State Affairs. By Mr. Beall: House bill No. 61, a bill to be entitled "An act to amend chapter 100 of the Acts of the Twenty-second Legislature of the State of Texas, entitled 'An act to protect stockraisers, farmers and horticulturists, providing for the destruction of wolves and other wild animals.' Read first time and referred to Judiary Committee No. 1. By Mr. Evans of Hunt: House bill No. 62, a bill to be entitled benefit of creditors, to declare what acts "An act to regulate assignments for the shall operate as such assignments, and to prescribe rules for adminstering the same, and to provide penalties for the violation of this act, and to repeal an act entitled 'An act in relation to as signments for the benefit of creditors; to under,' approved March 24, 1879, and to regulate the same and proceedings thererepeal an act entitled 'An act to amend sections 3, 6 and 10 of an act in relation to assignments for the benefit of creditors, and to regulate the same and the proceedings thereunder,' approved March 24, 1879, and to repeal all laws and parts of laws in conflict herewith." Read first time and referred to Judiciary Committee No. 1. By Mr. Townsend of Angelina: House bill No. 63, a bill to be entitled 'An act to amend an act passed by the Read and referred to Committee on Twenty-third Legislature of Texas, apCounties and County Boundaries. BILLS AND RESOLUTIONS. By Mr. Bailey: House bill No. 58, a bill to be entitled "An act to amend section 11 and 12 of of chapter 85 of the General Laws of the State of Texas, approved April 2, 1889, relating to the House of Correction and Reformatory at Gatesville." (The bill proposes certain amendment in the law governing the House of Correction and Reformatory at Gatesville.) Read first time and referred to Judiciary Committee No. 2. By Mr. Spivey: House bill No. 59, a bill to be entitled "An act to amend an act passed by the Twenty-third Legislature, entitled 'An act to provide for a more efficient system of Public Free Schools for the State of Texas.' (Provides that no child shall be transferred from one district, or independent district, in the same county after such proved March 29th, 1893, entitled 'An act to amend an act passed by the Twentieth Legislature, approved April 2nd, 1887, entitled 'An act to amend article 430 of section 1, and to repeal section 2 of an act entitled an act to amend articles 423, 424, 425, 426, 427. 428, 429, 430a, and to create article 426 1-2, and to repeal article 430, chapter 5, title 13, of the Penal Code of the Revised Statutes, for the protection of fish and game' approved March 15, 1881." House bill No. 64, a bill to be entitled "An act to authorize and require the commissioners court of Collin county, Texas, upon the petition of twenty-five freeholders in each precinct of a majority of the justices' precincts in said county, to order an election in said county to determine by vote whether cattle, horses, mules and asses shall run at large, and providing penalties and regulations for same. mittee on Agricultural Affairs. child has been enrolled in such district for the scholastic year in which such child has been enrolled, provided there is no impassible barrier between the school house and the home of said child.) Read first time and referred to the Com-An act to amend article 1563, chapter mittee on Education. 5, title 32, of the Revised Statutes of the State of Texas, relating to disqualification of Justices of the Peace." (Provides that the parties to a suit, in cases where the Justice of the Peace is disqualified, may agree upon some person who is qualified to try said case.) Read first time and referred to ciary Committee No. 1. By Mr. Falke: By Mr. Bass: House bill No. 70, a bill to be entitled "An act to amend sections 50, 51 and 94 of chapter 122, of the acts of the Twenty-third Legislature, relating to public free schools; to provide for the apJudi-pointment of white and colored trustees; to abolish school districts and to exempt certain counties from the district system." House bill No. 66, a bill to be entitled "An act to amend an act passed by the Twenty-third Legislature, approved March 15, 1893, entitled 'An act to amend articles 747 and 748 chapter 11, title 17, of the Penal Code, relating to theft of cattle or hogs.' (Provides imprisonment in the State penitentiary for not less than two years for theft of such property to the value of $20 or over, and imprisonment in the county jail not exceeding six months if the property stolen be of less value than $20.) Read first time and referred to Judiciary Committee No. 2. By Mr. Kennedy: House bill No. 67, a bill to be entitled "An act to protect accountants, bookkeepers, artisans, craftsmen, factory operatives, mill operatives, servants, mechanics, quarrymen and common laborers: to provide a lien and prescribe the time of payments, and in lawful money of the United States; providing for attorneys' fees in foreclosing such liens, and prescribing the rights of the assignees of such persons, and to repeal all laws in conflict with this act." Read first time and referred to the Committee on Labor. (The emergency clause is added.) Read first time and referred to Committee on Education. By Mr. Martin of Kinney: House bill No. 71, a bill to be entitled "An act to add article 274a to chapter 6, title 8, of the Penal Code of the State of Texas, to prohibit sheriffs and constables from appointing deputies except in writing, and only for the purpose of performing official duty as such, and to prohibit the appointing of deputies for the purpose of granting the privilege of carrying deadly weapons, and providing a penalty for violations of same.' Read first time and referred to Judiciary Committee No. 2. By Mr. Evans of Hunt: "An act to repeal article 1277 of the Revised Civil Statutes of the State of Texas, and to amend article 1278 of the Revised Civil Statutes of the State of Texas, relating to continuances." House bill No. 72, a bill to be entitled Read first time and referred to Judiciary Committee No. 1. By Mr. Bramlette: House bill No. 74, a bill to be entitled "An act to provide a method for ascertaining the class of a merchant, so as to determine the amount of his occupation tax, and to provide a penalty for pursuing such occupation without paying such tax." House bill No. 69, a bill to be entitled "An act to amend section 5 of an act to establish the University of Texas, passed by the Seventeenth Legislature and approved March 30, 1881, as amended by an act to amend said section, passed by the same Legislature and approved April 1st, 1881, and to amend sections 8, 9 and 22 of said act to establish the Read first time and referred to ComUniversity of Texas, and to repeal sec-mittee on Revenue and Taxation. tion 6 of said act, and to repeal all laws in conflict with this act.” (Adds the Governor, Chief Justice of the Supreme Court and the State Superintendent of Public Instruction to the Board of Regents of the University, and makes the Governor ex-officio chairman of the Board; also that the Board shall elect a President of the University, who shall be the chief executive officer of the Board. Provides that the Legislature shall appoint a Board of three visitors.) By Mr. Joseph: House bill No. 75, a bill to be entitled "An act to provide for the uniformity of text books in the public schools of the State of Texas and to furnish said text books free of charge and at the expense of the school fund of the State." Read first time and referred to the Committee on Education. By Mr. Watkins: House bill No. 76, a bill to be entitled "An act to amend articles 359 and 361, Read first time and referred to Com- title 17, of the Revised Statutes of the mittee on Education. State of Texas, by repealing so much of said articles as give to mayors and recorders of cities and towns the powers and jurisdiction of justices of the peace in criminal cases. Read first time and referred to Committee on Towns and City Corporations. By Mr. Martin of Coryell: House bill No. 77, a bill to be entitled "An act to appropriate nine hundred dollars for the payment of the salaries of the trustees of the House of Correction and State Reformatory at Gatesville for the two years ending February 28, 1895." (The emergency clause is added.) Read first time and referred to nance Committee. By Mr. Kennedy: of competent jurisdiction or shall cease as such, all property belonging thereto shall be turned over to the county, treasurer of the county, etc.) Read first time and referred to the Committee on Towns and City Corporations. By Mr. Freeman: House bill No. 83, a bill to be entitled "An act to amend article 3222 of the Revised Statutes of Texas." (Preventing the statutes of limitation from running against persons of unsound mind and persons imprisoned.) Read first time and referred to JudiFi-ciary Committee No. 1. House bill No. 78, a bill to be entitled "An act to validate the acknowledgments to all instruments constituting links in the title to any lands in the State of Texas, to quiet the title to same and to repeal all laws and parts of laws in conflict with the provisions of this act." Read first time and referred to Judiciary Committee No. 1. By Mr. Ward: By Mr. Gough: House bill No. 79, a bill to be entitled "An act to validate certificates of House bill No. 85, a bill to be entitled acknowledgment of deeds and other writ-"An act to adopt and establish a Penal ten instruments relating to real estate taken and certified by the clerks of the district courts of this State between the 4th day of December, 1869, and the 8th day of August, 1870." (An emergency clause is added.) Read first time and referred to Judiciary Committee No. 1. By Mr. Martin of Kinney: House bill No. 80, a bill to be entitled "An act to amend chapter 3, title of the Penal Code of the State of Texas by adding thereto what is included in the terms 'money' and 'property' in prosecutions for misapplication of public money." (Makes the terms "money" include bank bills, government notes, and other circulating medium current as money, and the term "property" any and every article commonly known and designated as personal property, and all writing of every description that may possess any ascertainable value.) Read first time and referred to Judiciary Committee No. 1. By Mr. Good: Code and a Code of Criminal Procedure for the State of Texas." (The bill embodies and provides for the adoption of a Penal Code and a Code of Criminal Procedure as authorized by an act of the Twenty-second Legislature, such code being a revision and digest of the laws of the State of Texas, as prepared by the commissioners appointed to perform such service.) Read first time and referred to Judiciary Committee No. 2. By Mr. Fletcher: House bill No. 86, a bill to be entitled "An act to amend article 747 of an act entitled 'An act to amend articles 747 and 748, chapter 11, title 17, of the Penal Code, approved March 15, 1893.' (Provides for an increase of the punishment for theft of cattle from two to four years in the penitentiary, to from four to six years.) Read first time and referred to Judiciary Committee No. 2. By Mr. Roy: House joint resolution No. 6, to amend article 6, section 2, of the Constitution of the State of Texas, relating to suffrage. Read first time and referred to the Committee on Constitutional Amendments. House bill No. 81, a bill to be entitled "An act to prevent and limit the issuance of attachments for witnesses out of the county, and to provide for the taking of depositions in certain criminal cases." Read first time and referred to Judi-sections 2 and 24 of article 3 of the Conciary Committee No. 1. By Mr. Smith of Runnels: House bill No. 82, a bill to be entitled "An act to amend article 541, chapter 2, title 17 of the Revised Civil Statutes, etc., as amended by an act approved April 13, 1891, relating to corporations.' (Provides that when any corporation is abolished or declared void by any court By Mr. Ragsdale: House joint resolution No. 7, to amend stitution of the State of Texas." (Provides that, beginning with the Twenty-sixth Legislature, the House of Representatives shall consist of one hundred members and no more, and that the Twenty-fifth Legislature shall redistrict the State into one hundred representative districts. Provides also for a change in the per diem and mileage of members.) HOUSE JOURNAL. House joint resolution No. 8, to amend section 1, article 6, of the Constitution of the State of Texas, relating to suffrage. (Disqualifies all persons for voting who have not paid poll tax when required to do so by the State.) January 12, 1895 12th, at 10:30 o'clock a. m., for the purpose of counting said vote, and that the House and Senate meet in joint session in the Hall of the House of Representatives on Tuesday, the 15th instant, at 12 o'clock m., when the joint_committee will escort the Governor and Lieutenant Governor elect to the Speaker's stand, when the oath of office will be adminis Read first time and referred to the Com-tered by the Chief Justice of the Supreme mittee on Constitutional Amendments. Mr. Mills offered the following House Concurrent Resolution No. 2, which was read second time and adopted: Be it resolved by the House of Representatives, the Senate concurring, That the following joint committees, each one composed of three members of the Horse and two of the Senate, be appointed by the Speaker of the House and President of the Senate respectively, for the following purposes, viz.: Court. Respectfully submitted: AGNEW, On part of the Senate. SEBASTIAN, BEALL, LANGHAMMER, On part of the House. J. P. POOL, Secretary. First-To visit the University of Texas, the Agricultural and Mechanical College, the Sam Houston Normal Institute, and the Prairie View Normal School. Second To visit the North Texas Lu-lution natic Asylum. Third To visit the Southwestern Lunatic Asylum. Fourth-To visit the Reformatory. Fifth-To visit the Penitentiaries. Sixth-It shall be the duty of each committee so appointed to examine carefully and thoroughly into the condition and management of the institution visited by it and to make a report of the same to the Legislature, with suggestions for the benefit of such institution as the committee may deem necessary. Seventh-The expenses of said joint committees to be paid out of the contingent fund of the Twenty-fourth Legisla ture. Mr. Greer offered the following resolution, which was read second time and adopted: Resolved, That the Speaker appoint a committee of five to visit the Confederate Home and investigate thoroughly the workings of the same, and report its condition financially, submit remedies for abuses (if any be found), and report the result of their investigations to this House as soon as practicable. SENATE MESSAGE: Senate Chamber, Austin, Texas, January 12, 1895. Hon. T. S. Smith, Speaker House of Representatives: towit: under the rules: Whereas, the present extraordinary deficit in the State Treasury, amounting to a sum of over half a million dollars, is a serious menace to the financial stability of the State government, And Whereas, It is incumbent upon this Legislature to inaugurate a rigid and practical retrenchment, and economy in every department of the Stare government, to the end that revenues may be amply sufficient to meet expenses; Therefore, Be it resolved by the House of Representatives of the State of Texas, That the Speaker appoint a committee of five members of the House, with full power to send for persons and papers, whose duty it shall be to make an impartial and thorough examination into the financial administration and management of each department of the State government, and report to this House at the earliest day practical any reforms in the manage ment or curtailment in the expenses in any or all of these departments, including the Railway Commission. Mr. Evans of Grayson offered the following resolution: Inasmuch as articles of wearing apparel belonging to members of the House of Representatives are being removed or stolen from the cloak room of the House, therefore be it porter of the cloak room to allow no Resolved, That it is the duty of the loafers" about the cloak room; and further, that it shall be the duty of the I am directed by the Senate to inform the House of the adoption by the Senate of the following joint committee report. Hon. M. M. Crane, President of the Sensporter to keep watch over the cloak room, ate, and Hon. T. S. Smith, Speaker of and to deposit with the Sergeant-at-Arms the House of Representatives: all articles of wearing apparel left in Your Joint Committee appointed to the cloak room when the House is admake arrangements to count the vote and journed; and that the porters be and are arrange to inaugurate the Governor and hereby made responsible for articles of Lieutenant Governor beg leave to rec-wearing apparel belonging to the members ommend that the House and Senate meet of the House left in the cloak room, and in joint session, in the hall of the House when such articles are stolen or removed of Representatives, on Saturday, the the value thereof shall be deducted from |