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Barron.
Beaird.
Bounds.
Burns.
Kennedy.
King.

Evans of Hunt.
Martin of Kinney.
Martin of Coryell.

The Speaker laid before the House on its third reading and final passage, Senate bill No. 111, a bill to be entitled "An act to amend section 1 of an act passed at a regular session of the Twentythird Legislature of Texas, approved April 19, 1893, amending section 1 of an act passed by the Twenty-third Legislature of Texas, reorganizing the Fifteenth Judicial District, and defining the time for Bass. holding the courts in said Fifteenth Ju- Davis. dicial District, and add section la." The bill was read third time and was Gough. passed.

Mr. Bailey moved to suspend the constitutional rule requiring bills to be read on three several days in each house, and that House bill No. 596 be put on its third reading and final passage. (Mr. Seabury was announced present.) The motion of Mr. Bailey prevailed by the following vote:

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Armistead.

Freeman.

Haller.

Logan.

Morris.
Nix.

Moore of Morris.

O'Connor.

Plemmons.

Smith of Runnels.

Spivey.
Wurzbach.

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On motion of Mr. Patterson the House at 10:54 p. m., adjourned until 9:30 a. m. tomorrow, pending question, House bill No. 396, on its third reading.

Andrews.

Avery.

Cureton.

Bailey.

Darroch.

Beall.

Dashiell.

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Burney.

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Cameron.

Foster.

Avery.

Carpenter.

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Carson.

Gilliland.

Bass.

Bramlette.

Brigance.

Brown.

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A quorum was announced present. Prayer by Rev. S. L. Morris of Waco. Pending reading of the Journal of yesterday,

On motion of Mr. Avery further reading was dispensed with.

Granted leave of absence on account of

sickness:

Mr. Nix until next Wednesday, on motion of Mr. Carson.

Mr. Mills for today, on motion of Mr. Henderson.

Mr. Townsen of Lampasas until next Wednesday, on motion of Mr. Huddles

ton.

Mr. Moore of Morris for today, on motion of Mr. Sowell.

Mr. Morris indefinitely and for absence during this week. on motion of Mr. Langhammer.

Mr. Stuart, Calendar Clerk, indefinitely, on motion of Mr. Turner.

COMMITTEE REPORTS.

By Mr. Armistead, chairman:

Committee Room,

Austin, March 15, 1895. Hon. T. S. Smith, Speaker of the House: Your Judiciary Committee No. 1, whom was referred

to

Senate bill No. 197, being a bill to be entitled "An act to sanction, ratify and confirm the title of the Texas and New Orleans Railroad Company, and to all the corporate rights, franchises and privileges of the Sabine and East Texas Railway Company, and to authorize the Texas and New Orleans Railroad Company to purchase, own, possess and operate the railroad, and to purchase, own and exercise all the corporate rights, franchises and privileges of the Louisiana Western Extension Railroad Company, and to authorize said Texas and New Orleans Railroad Company to own and operate said Sabine and East Texas Railway and said Louisiana Western Extension Railroad as parts of its lines,"

Have had the same under consideration, and I am instructed to report same back to the House with the recommendation that it do pass.

ARMISTEAD, Chairman.

By Mr. Kennedy, chairman:

Committee Room,

Austin, Texas, March 14, 1895. Hon. T. S. Smith, Speaker of the House: Your Committee on Towns and City Corporations, to whom was referred

House bill No. 621, a bill to be entitled "An act to empower the city council of Longview, Texas, to refix the bounds and limits of said city to add additional territory thereto, to fix the bounds and limits, to repeal article 343, chapter 1, title 17, of the Revised Statutes of Texas,"

Have had the same under consideration, and I am instructed to report the same back to the House with the recommendation that it do pass.

KENNEDY, Chairman. By Mr. Smith of Brazos, chairman: Committee Room,

Austin, Texas, March 15, 1895. Hon. T. S. Smith, Speaker of the House: Your Committee on Engrossed Bills have carefully examined and compared

House bill No. 596, being "An act to increase the civil jurisdiction of the county court of Goliad county,"

And find the same correctly engrossed.
SMITH of Brazos, Chairman.
Committee Room,

Austin, Texas, March 15, 1895.
Hon. T. S. Smith, Speaker of the House:
Your Committee on Engrossed Bills
have carefully examined and compared

HOUSE JOURNAL.

House bill No. 271, being "An act to provide for the levy and collection of an annual ad valorem State school tax of twenty cents on the one hundred dollars' valuation, for the maintenance of the public free schools,"

And find the same correctly engrossed.
SMITH of Brazos, Chairman.

SENATE MESSAGE.

Senate Chamber,

Austin, Texas, March 15, 1895. Hon. T. S. Smith, Speaker of the House: I am directed by the Senate to inform the House of the passage by the Senate of the following bills, towit:

Senate bill No. 51, "An act to amend articles 798 and 799 of chapter 18, title 17 of the Penal Code of the State of Texas."

Senate bill No. 217, "An act to provide for the support and maintenance of a school of dentistry of the Medical Department of the University of Texas."

497

Texas, relating to action of the Court of Appeals in rendering judgments on the record."

standing the record may be silent, it shall Providing, that on appeal, notwithwere proved on the trial, that the accused be presumed that all questions of venue plead to the indictment and that the jury were duly sworn unless such questions were in issue in the trial court and were there acted upon before appeal.

The bill was laid before the House and was read third time.

ment:
Mr. Rogers offered the following amend-

13, after the word "questions," the words
Amend article 869 by inserting in line
"are reserved by bill of exceptions or
were.

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sideration of the bill be postponed until
After disucssion of the bill,
Mr. Morrison moved that further con-
next Tuesday afternoon.

Mr. Bailey moved as a substitute that the bill be recommitted to Judiciary Committee No. 2.

of Mr. Morrison to postpone, it prevailed.. Question first recurring on the motion forenoon there was a motion by Mr. MorWhen the House adjourned yesterday rison pending, that the House go into a committee of the whole House to consider substitute House bills Nos. 125 and 138, the general appropriation bill, which bill had been made a special order for yesterday in the forenoon session, and to be considered from day to day until disposed of.

Senate bill No. 211, "An act to authorize and empower the Houston and Texas Central Railroad Company to acquire, control and operate upon such terms as may be agreed upon by the parties, by lease or by purchase, and by consolidating with and merging into its own the railroads and all the corporate rights, franchises and privileges and property of the Central Texas and Northwestern Railway Company, the Fort Worth and New Orleans Railway Company, the Austin and Northwestern Railroad Company and the Granite Mountain and Marble Falls City Railroad Company, each respectively; and to authorize and empower each and all of said last named companies to lease or sell or consolidate with and merge into said Houston and Texas Cen-rose, tral Railroad Company their respective railroads and all their respective rights, franchises, privileges and property.'

Also, the Senate refuses to concur in House amendments to Senate bill No. 166, and asks for a free conference committee, and that the Chair has appointed on the part of the Senate to act on said committee, Senators Lawhon, Atlee, Dibrell, Gage and Goss.

Respectfully,

J. P. POOL, Secretary. SENATE BILLS ON FIRST READ

ING.

it prevailed.
Mr. Morrison called up the motion and

McKinney in the chair.)
(In committee of the whole House, Mr.
and through Mr. McKinney, chair-
After considering the bill, the committee
man, submitted the following report:
(In the House, Speaker Smith in the
chair.)

Committee Room,

Hon. T. S. Smith, Speaker of the House:
Austin, Texas, March 15, 1895.
whom was referred
Your Committee of Whole House, to

Substitute House bills Nos. 125 and 138, a bill to be entitled "An act making appropriation for the support of the State government for the year beginning March 1. 1895, and ending February 28, 1897, and other purposes,'

The above reported Senate bills were read first time and referred as follows: Senate bill No. 51 to Judiciary Com-leave to sit again next Monday. mittee No. 2.

Have had the same under consideration. and I am instructed to report it back to the House and report progress, and beg

Senate bill No. 217 to the Committee

on Finance.

M'KINNEY, Chairman.

The report was adopted.

Senate bill No. 211 to the Committee were sent up to the Clerk's desk

By unanimous consent, the following:

on Internal Improvements.

UNFINISHED BUSINESS.

On motion of Mr. Armistead the pending business was suspended to take up, on its third reading,

House bill No. 425, a bill to be entitled "An act to amend article 869 of the Code of Criminal Procedure of the State of

32-House

By Mr. Peyton:

A petition of nine lawyers of the
against the proposed disposition of Trin-
Twelfth Judicial
ity county in redistricting the State.
District, protesting
on Redistricting.
Referred to the Special Joint Committee

By Mr. Davis:

House bill No. 657, a bill to be entitled

"An act to amend articles 3227 and 3228

Yeas-53.

of the Revised Civil Statutes of the Allen of Colorado.
State of Texas, as amended by an act Andrews.
of the Twenty-third Legislature of the Armistead.
State of Texas, approved March 29, 1893,
relating to local option."
(Amends so as to allow a part of a city
or town to be included in a subdivision of
a county for local option purposes. Has
the emergency clause.)

Bill read first time and referred to
Committee on Revenue and Taxation.

By Mr. Drew:

Beaird.
Blair.
Brigance.
Burmeister.
Carson.
Chambers.
Darroch.

Dashiell.

Falke.
Fletcher.
Floyd.

House bill No. 658, a bill to be entitled "An act to amend article 712 of chapter Foster. 6, title 17 of the Criminal Code of the Giddings. State of Texas and repeal article 713 Graham. thereof,' in reference to burglary.

(Has the emergency clause.)

Haller.
Harrison.

Bill read first time and referred to Ju- Henderson. diciary Committee No. 2.

By Mr. Rogers:

House concurrent resolution No. 25: Whereas, Lieutenant Robert J. Lambert, of Company B, Fourth Texas Infantry, Hood's Brigade, fell at Gaines Mill, Va., June 27, 1862, in Hood's memorable charge against McClellan, and sacrificed his young and noble life upon the altar of his country; as a tribute to his gallant and chivalrous conduct on the field of battle; therefore be it

Resolved, That his friends be permitted to inter his remains in the State cemetery. (Signed: Rogers, Feagin, Brigance.) Read second time and adopted. By Mr. McLemore:

Resolved, That the committee appointed to investigate the printing of the Supreme Court reports be empowered to summon witnesses, call for books and papers and administer oaths.

Resolved further, That two more mem-
bers be added to the committee.
Read second time and adopted.
By Mr. McLemore:

Whereas, We have just learned of the
death of Captain Mifflin Kenedy, one of
the most prominent factors in the building
up of Southwest Texas; and
Whereas, By his death Texas loses
one of her best men and most prominent
citizens; therefore, be it
Resolved, That the House learns of
his death with sincere regret and tenders
to his bereaved family its sincerest sym-
pathy.
(Signed-McLemore, Mitchell, Tarver,
Seabury, Monroe, Blair, Bailey, McNeil.)
Read second time and adopted by a ris-
ing vote.

Mr. Owsley moved to adjourn until 9:30 o'clock a. m. next Monday, and Mr. Feagin until 3 o'clock p. m. today.

Question recurring on the longest time first, yeas and nays were demanded by Mr. Feagin, Mr. Carpenter and Mr. Evans of Grayson.

Jackson.

Jennings.

Kennedy.

Langhammer.
Logan.
McBride.
McLemore.

Avery.

Bailey.

Bass.
Bertram.
Bramlette.
Brown.
Bumpass.
Burney.
Carpenter.
Cocke.
Cureton.
Davis.

Drew.
Drinkard.
Edwards.

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Nays-46.

Lillard.

Long.

Evans of Grayson.
Feagin.
Freeman.

Gilliland.

Good.
Gough.
Greer.
Huddleston.

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The former motion to adjourn prevailed believe it is wrong in principle and downby the following vote:

right mistreatment of the tax payers of

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FIFTY-SEVENTH DAY.

Hall House of Representatives, Austin, Tex., Monday, March 18, 1895. House met at 9:30 o'clock, a. m., pursuant to adjournment.

Speaker Smith in the chair.

Roll called and the following members present:

Allen of Colorado. Langhammer.

Lillard.

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Andrews.

Armistead.

Avery.

Beaird.

Blair.

Bramlette.

McNeill.

Brigance.

McWilliams.

Mills.

Brown.

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Morris.

Carson.

Chambers.

Morrison.

Cocke.

Cureton.

Davis.

Drew.

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Moore of Lamar.
Moroney.

Owsley.
Patterson.
Peck.
Peyton.

Plemmons.

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Rhodes of Wood.
Rhodes of Van Zandt.
Ritter.
Robbins.

Fletcher.

Floyd.

Foster.

Freeman.

Giddings.

Roy.

Gilliland.

Rudd.

Good.

Seabury.

Gough.

Graham.

Greer.

Harrison.

Henderson.
Huddleston.

Jackson.

Jennings.

Seago.

Sebastian.
Simmons.

Smith of Milam.

Smith of Runnels.
Smith of Colorado.
Smith of Brazos.
Sowell.

Tompkins.

Townsend, Angelina
Ward.

Prayer by Chaplain Jackson. There was not a quorum present. Mr. Gough moved a call of the House for the purpose of obtaining a quorum, and the call was seconded.

The Clerk was directed to call the roll, and it appeared that the following members were absent without leave:

Messrs. Bailey, Bass, Beall, Bertram, Cameron, Darroch, Dashiell, Drinkard, Feagin, Haller, Kennedy, Lindsey, Love, McBride, McLemore, Moore of Morris, Murchison, O'Neal, Orr, Ragsdale, Rogers, Speckels, Strange, Stubbs, Thomas, Tompkins, Townsend of Angelina, Ward.

The Speaker directed the Sergeant-atArms to bring in the absentees, taking with him such assistance as he deemed necessary.

While the Sergeant-at-Arms and his assistant were gone in quest of the absentees, the Speaker appointed Mr. J. E. Reagan, committee clerk, Sergeant-atArms pro tem., until return of that officer.

Before the return of the Sergeant-atArms or his assistnat, Mr. Davis moved that the House adjourn until 3 o'clock P. m., today; and Mr. Langhammer until 2:30 p. m. today.

Question recurring on the longest time first, the motion was lost.

The motion of Mr. Langhammer prevailed, and at 10:45 a. m. the House adjourned accordingly.

AFTERNOON SESSION.

The House met at 2:30 o'clock p. m. pursuant to adjournment.

Speaker in the chair.

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